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04/21/2015 (3)
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, APRIL 21, 2015 - 9:00 A.M. Commission Chambers 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. Pastor Chris Drinnon, Grace Baptist Church Commissioner Wesley S. Davis, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation and Retirement Award Honoring Rocky L. Renda on His Retirement from Indian River County Board of County Commissioners Department of Utilities/Water Distribution Division With Thirty -Two Years of Service PAGE 1-2 B. Presentation of Proclamation Designating the Month of May, 2015, as Mental Health Awareness Month 3 April 21, 2015 Page 1 of 7 5. PROCLAMATIONS and PRESENTATIONS C. Presentation of Proclamation Designating April 25, 2015 as Seventh Annual Indian River County Day of Service PAGE 4 D. Presentation of Proclamation Designating May 7, 2015, as National Children's Mental Health Awareness Day 5 E. Presentation of Proclamation Designating May 1, 2015, as Law Day 6 F. Presentation of Proclamation Designating the Month of May, 2015 as Historic Preservation Month 7 G. Presentation of Emergency Services Preparations for May Mayhem by John King, Emergency Services Director H. Presentation of Sheriff's Department Preparations for May Mayhem by Indian River County Sheriff Deryl Loar I. Presentation of City of Vero Beach Police Department Preparations for May Mayhem by City of Vero Beach Police Chief David Currey. 6. APPROVAL OF MINUTES A. Regular Meeting of March 24, 2015 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Proclamation Designating April 19 through April 25, 2015 as Crime Victims' Rights Week 8 B. Proclamation and Retirement Award Honoring Mark Wheeler on His Retirement from Indian River County Board of County Commissioners Department of Emergency Services/Fire Rescue With Thirty Years of Service 9-10 8. CONSENT AGENDA A. Approval of Warrants — April 3, 2015 to April 9, 2015 (memorandum dated April 9, 2015) 11-17 B. Auditor Selection Committee Recommendation of Audit Firm (memorandum dated April 10, 2015) 18-19 April 21, 2015 Page 2 of 7 8. CONSENT AGENDA PAGE C. Dori Slosberg Driver Education Safety Act, Indian River County Traffic Education Program Trust Fund Report, Cumulative Reporting Through 3/31/15 (memorandum dated April 15, 2015) 20-21 D. Request for Authorization to Trade -In Vehicle (memorandum dated April 13, 2015) 22-23 E. Release and Satisfaction of Demolition Lien (Lot 73, Crystal Falls of Vero) (memorandum dated April 14, 2015) 24-25 F. Resolution Delegating to the County Utilities Director or Designee the Authority to Execute Certain Lien Documents Relating to Unpaid Water and Sewer Fees Under Section 201.22 of the Code of Indian River County (memorandum dated April 14, 2015) 26-29 G. Approval of Contract for Purchase of WebEOC Incident Management Software (memorandum dated April 6, 2015) 30-54 H. Consideration of Revised Indian River County Local Housing Assistance Plan for Fiscal Years 2015-2016 Through 2017-2018 and Resolution Approving the Revised Plan (memorandum dated April 9, 2015) 55-64 I. Full Release of Retainage for CB&I Coastal Planning and Engineering Work Order No. 3 — Beach Preservation Plan Update 2014 (memorandum dated April 13, 2015) 65-68 J. Recommendation of Award for Bid 2015035 — Lakes Course Bunker Redesign on Holes #4 and #5 (memorandum dated April 13, 2015) 69-76 K. Recommended Selection of Architect for Courthouse Renovations — RFQ 2015028 (memorandum dated April 13, 2015) 77-78 L. Approval of First and Second Extension to Agreement for Full Service ATM Installation and Maintenance (memorandum dated April 13, 2015) 79-80 M. Osprey Marsh Stormwater Park: Change Order No. 5 (memorandum dated April 10, 2015) 81-124 April 21, 2015 Page 3 of 7 8. CONSENT AGENDA PAGE N. Change Order No. 3 and Release of Retainage, Gifford Park Ballfields Grading Improvements, IRC Project No. 1336 — Bid No. 2014015 (memorandum dated April 2, 2015) 125-154 O. Procurement of Modular Units and Budget Amendment for Fire Rescue Stations #1 and #7 and Miscellaneous Budget Amendment 012 (memorandum dated April 10, 2015) 155-160 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES A. Indian River County Sheriff Dervl Loar Application for the Office of Justice Programs, Bulletproof Vest Partnership Grant (letter dated April 15, 2015) 10. PUBLIC ITEMS A. PUBLIC HEARINGS None 161-164 B. PUBLIC DISCUSSION ITEMS (As a general rule, public discussion items should be limited to matters on which the commission may take action.) 1. Request to Speak from Bill Rigby Regarding Revisiting the Recent Award of Contract for Waste Hauling C. PUBLIC NOTICE ITEMS None 11. COUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS A. April 21, 2015 165 Community Development 1. Consideration of Modification #1 to the Voltedge, Inc. Contract for Detailed Target Industry Analysis, and Request for Partial Funding for Economic Development Branding Audit and Marketing Plan Services (memorandum dated April 9, 2015) 166-179 Page 4 of 7 12. DEPARTMENTAL MATTERS PAGE B. C. D. E. F. G. Emergency Services None General Services None 1. Human Services None 2. Sandridge Golf Club None 3. Recreation None Human Resources None Office of Management and Budget None Public Works None Utilities Services None 13. COUNTY ATTORNEY MATTERS A. Resolution Urging the Florida Legislature to Establish a Three Percent (3%) Cap on County Medicaid Costs Under Section 409.915, F.S. (memorandum dated April 15, 2015) 14. COMMISSIONERS MATTERS A. Commissioner Wesley S. Davis, Chairman None 180-182 April 21, 2015 Page 5 of 7 14. COMMISSIONERS MATTERS PAGE B. C. D. E. Commissioner Bob Solari, Vice Chairman 1. All Aboard Florida — FDFC TEFRA Hearing (memorandum dated April 15, 2015) 183 Commissioner Joseph E. Flescher None Commissioner Peter D. O'Brvan None Commissioner Tim Zorc 1. Canaveral Port Authority Commission (memorandum dated April 15, 2015) 184 15. SPECIAL DISTRICTS AND BOARDS A. B. C. Emergencv Services District None Solid Waste Disposal District 1. Franchise Agreement with Waste Management for Solid Waste and Recyclables Collection (memorandum dated April 1, 2015) Environmental Control Board None 16. ADJOURNMENT 185-228 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. April 21, 2015 Page 6 of 7 Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. April 21, 2015 Page 7 of 7 PROCLAMATION SA HONORING ROCKY L. RENDA ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF UTILITIES/WATER DISTRIBUTION DIVISION WHEREAS, Rocky L. Renda retired from Indian River County Water Distribution Division effective April 24, 2015; and WHEREAS, Rocky Renda began his career with Indian River County as a Utilities Maintenance Supervisor on February 5, 1983, and, due to his outstanding work ethic and professionalism, he received numerous accolades from internal and external stakeholders. Mr. Renda provided a level of customer satisfaction and response that was unparalleled. He worked tirelessly to maintain the County's high utility standards, and he continued to do so until his retirement; and WHEREAS, Rocky L. Renda has served this County and the Public with distinction and selflessness. During his thirty-two years of service, he was dedicated and his work was greatly appreciated by the employer, citizens, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Rocky L. Renda's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last thirty-two years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors. Adopted this 2r day of April, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Wesley S. Davis, Chairman 41111100.11. PROCLAMATION HONORING ROCKY L. RENDA ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF UTILITIES/WATER DISTRIBUTION DIVISION WHEREAS, Rocky L. Renda retired from Indian River County Water Distribution Division effective April 24, 2015; and WHEREAS, Rocky Renda began his career with Indian River County as a Utilities Maintenance Supervisor on February 5, 1983, and, due to his outstanding work ethic and professionalism, he received numerous accolades from internal and external stakeholders. Mr. Renda provided a level of customer satisfaction and response that was unparalleled. He worked tirelessly to maintain the County's high utility standards, and he continued to do so until his retirement; and WHEREAS, Rocky L. Renda has served this County and the Public with distinction and selflessness. During his thirty-two years of service, he was dedicated and his work was greatly appreciated by the employer, citizens, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Rocky L. Renda's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last thirty-two years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors. Adopted this 2e day of April, 2015. CS;E- BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Wesley S. Davis, Chairman 2riis is to certib tFiat Wpck�v 2cnda is Fiere6y presented this Wctirement Award for outstanding performance and faitlifu(sen.'ice to Indian Wiver County Board pf county Commissioners Eor thirty-two years of service On this 24th day ofApriczols Vincent Burke Director of (Utility Services 9NesCey S. Davis. Board of County Commissioner, Chairman PROCLAMATION DESIGNATING THE MONTH OF MAY, 2015, AS Mental Health Awareness Month WHEREAS, mental health is part of overall health; and WHEREAS, mental health helps to sustain an individual's thought processes, relationships, productivity and ability to adapt to change or face adversity; and WHEREAS, mental illness adversely affects those abilities and often is life-threatening in nature; and WHEREAS, one in four adults experiences mental health problems in any given year and such problems can contribute to onset of mental illness; and WHEREAS, 11.4 youth to age 24 commits suicide every day in the United States and Florida has a 15.9 percentage annual statewide suicide rate; and WHEREAS, one in 17 adults lives with mental illness such as major depression, bipolar disorder or schizophrenia; WHEREAS approximately one-half of chronic mental illness begins by the age of 14 and three-quarters by age 24; and WHEREAS, long delays -sometimes decades- often occur between the time symptoms first appear and when individuals get help; and and WHEREAS, early identification and treatment can make a profound difference in successful management of mental illness and recovery; and WHEREAS, it is important to maintain mental health and learn the symptoms of mental illness in order to get help when it is needed; and WHEREAS, every citizen and community can make a difference in helping end the silence and stigma that for too long has surrounded mental illness and discouraged people from getting help; and WHEREAS public education and civic activities can encourage mental health and help improve the lives of individuals and families affected by mental illness; NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of May, 2015, be designated as Mental Health Awareness Month in Indian River County, Florida to increase public understanding of the importance of mental health and to promote identification and treatment of mental illnesses. Adopted this 21st day of April, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Wesley S. Davis, Chairman Bob Solari, Vice Chairman Peter D. O'Bryan Joseph E. Flescher Tim Zorc PROCLAMATION DESIGNATING THE MONTH OF MAY, 2015, AS Mental Health Awareness Month WHEREAS, mental health is part of overall health; and WHEREAS, mental health helps to sustain an individual's thought processes, relationships, productivity and ability to adapt to change or face adversity; and WHEREAS, mental illness adversely affects those abilities and often is life-threatening in nature; and WHEREAS, one in four adults experiences mental health problems in any given year and such problems can contribute to onset of mental illness; and WHEREAS, 11.4 youth to age 24 commits suicide every day in the United States and Florida has a 15.9 percentage annual statewide suicide rate; and WHEREAS, one in 17 adults lives with mental illness such as major depression, bipolar disorder or schizophrenia; WHEREAS approximately one-half of chronic mental illness begins by the age of 14 and three-quarters by age 24; and WHEREAS, long delays -sometimes decades- often occur between the time symptoms first appear and when individuals get help; and and WHEREAS, early identification and treatment can make a profound difference in successful management of mental illness and recovery; and WHEREAS, it is important to maintain mental health and learn the symptoms of mental illness in order to get help when it is needed; and WHEREAS, every citizen and community can make a difference in helping end the silence and stigma that for too long has surrounded mental illness and discouraged people from getting help; and WHEREAS public education and civic activities can encourage mental health and help improve the lives of individuals and families affected by mental illness; NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of May, 2015, be designated as Mental Health Awareness Month in Indian River County, Florida to increase public understanding of the importance of mental health and to promote identification and treatment of mental illnesses. Adopted this 21st day of April, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA esley S. Davis, airman Bo• ari, Vice Chairman Peter v',2G •seph Tse Tim Zorn PROCLAMATION DESIGNATING APRIL 25, 2015 AS SEVENTH ANNUAL INDIAN RIVER COUNTY DAY OF SERVICE WHEREAS, the Church of Jesus Christ of Latter-day Saints has a long history of providing humanitarian services in response to emergencies and natural disasters; and WHEREAS, the Church of Jesus Christ of Latter-day Saints has been challenged by its leaders to extend the same service to those in need during times other than emergencies, hence the Day of Service; and WHEREAS, on the Day of Service, members of the Church of Jesus Christ of Latter-day Saints will volunteer in their communities and Zink arms with other churches, community organizations, local businesses and residents of all beliefs in an effort to assist and serve the needy and less fortunate; and WHEREAS, the Day of Service provides a much needed service to those most in need in the community and it is an opportunity for different faiths, beliefs, civic organizations, and businesses in Indian River County to share and work in service together. NOW, THEREFORE BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA, do hereby proclaim the last Saturday of April as "A DAY OF SERVICE" in Indian River County and urge citizens of all beliefs and churches of all faiths to be aware of this Indian River County Day of Service as the day in which our community of different faiths and beliefs link arms to beautify our community and lend a helping hand to those in need. Adopted this 21st day of April, 2015 BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Wesley S. Davis, Chairman Bob Solari, Vice Chairman Peter D. O'Bryan Joseph E. Flescher Tim Zorc 4 c PROCLAMATION DESIGNATING APRIL 25, 2015 AS SEVENTH ANNUAL INDIAN RIVER COUNTY DAY OF SERVICE WHEREAS, the Church of Jesus Christ of Latter-day Saints has a long history of providing humanitarian services in response to emergencies and natural disasters; and WHEREAS, the Church of Jesus Christ of Latter-day Saints has been challenged by its leaders to extend the same service to those in need during times other than emergencies, hence the Day of Service; and WHEREAS, on the Day of Service, members of the Church of Jesus Christ of Latter-day Saints will volunteer in their communities and link arms with other churches, community organizations, local businesses, and residents of all beliefs in an effort to assist and serve the needy and less fortunate; and WHEREAS, the Day of Service provides a much needed service to those most in need in the community, and it is an opportunity for different faiths, beliefs, civic organizations, and businesses in Indian River County to share and work in service together. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA, that the last Saturday of April is dedicated as "A DAY OF SERVICE" in Indian River County and urge citizens of all beliefs and churches of all faiths to be aware of this Indian River County Day of Service as the day in which our community of different faiths and beliefs link arms to beautify our community and lend a helping hand to those in need. Adopted this 21st day of April, 2015 BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Wesley S. Davis, Chairman --13,--6 C c). -ems olari, Vice Chairpnin Peter D. O'Bryan z'f-P---- 9 iD• PROCLAMATION DESIGNATING MAY 7, 2015, AS National Children's Mental Health Awareness Day WHEREAS, addressing the complex mental health needs of children, youth, and families today is fundamental to the future of Indian River County; and WHEREAS, the need for comprehensive, coordinated mental health services for children, youth, and families places upon our community a critical responsibility; and WHEREAS, it is appropriate a day should be set apart each year for the direction of our thoughts toward our children's mental health and well-being; and WHEREAS, The Frances Langford Children's Center at New Horizons of the Treasure Coast, Inc. through its unique approach to serving children and adolescents ages 6-17 in crisis, effectively cares for the mental health needs of children, youth, and families in our community. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that May 7, 2015, be designated as National Children's Mental Health Awareness Day in Indian River County, Florida and the Board encourages residents and all agencies and organizations interested in meeting every child's mental health needs to unite on that day in the fundamental necessity of a year-round program for children and youth with mental health needs and theft families. Adopted this 21st day of April, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Wesley S. Davis, airman pB 7� olari,�,Vice Chairman )Ara-�-- eter D. O'Bryan Joseph . Flescher Tim Zor 5. • PROCLAMATION DESIGNATING MAY 1, 2015, AS LAW DAY WHEREAS, Law Day is an occasion of public acknowledgement of our Nation's and Florida's heritage of justice, liberty, and equality under the law; and WHEREAS, Law Day has been annually proclaimed by the President of the United States since Dwight D. Eisenhower proclaimed the first Law Day on May 1, 1958; and WHEREAS, the United States Congress in 1961 encoded the presidential practice into law, statutorily designating May 1 as Law Day; and WHEREAS, the year 2015 marks the 800th anniversary of a milestone in legal history, the sealing of Magna Carta at Runnymede, England, in 1215; and WHEREAS, the Founders of our Nation drew upon the principles of Magna Carta in drafting our cherished documents of liberty, including the Declaration of Independence, United States Constitution, and the Bill of Rights; and WHEREAS, Magna Carta has become one of the world's most enduring symbols of liberty under law; and WHEREAS, Magna Carta continues to be a source of inspiration in the international struggle to advance human rights; and WHEREAS, promoting public understanding of the roots of our freedom is an important component in the civic education of the citizens of the United States and of the State of Florida; and WHEREAS, the American Bar Association has identified the 2015 Law Day theme as "Magna Carta: Symbol of Freedom Under Law"; and WHEREAS, Law Day, MAY 1, 2015, will be commemorated in the State of Florida with a free Ask -A - Lawyer program, Lawyers in the Classrooms, and a breakfast honoring judges and their staff. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that May 1, 2015, be designated as Law Day in Indian River County. Adopted this 21st day of April, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Wesley S. Davis, Chairman Bobolari, Vice Chair Peter D. O'Brvan • eoh ' Flesc Tim Z ( 5.F PROCLAMATION DESIGNATING THE MONTH OF MAY, 2015 AS Historic Preservation Month WHEREAS, historic preservation is an effective tool for economic development, tourism promotion, growth management, neighborhood revitalization, fostering local pride, and maintaining overall community character; and WHEREAS, historic preservation encourages community reinvestment, saving resources, and promoting socially, culturally, and economically rich communities; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and WHEREAS, the theme for National Historic Preservation Month 2015 in Indian River County is Valuing Our Sense of Place: Discover, Preserve, Cherish, cosponsored by the National Trust for Historic Preservation and the Indian River County Historical Society. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of May, 2015, be designated as Historic Preservation Month in Indian River County, and the Board encourages all citizens to recognize the vital role historic preservation plays in our community. Adopted this 21st day of April, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Wesley S. Davis, Chairman Bo, Solari, Vice Chiirman Peter D. O'Bryan • / Tim rc �mw«�=n .oy VI' og :_Ev " vE o1' w c� ' 07.i° &.',�.TyO'�N«O L NUE-« VA ' N C7 c uy Ny0�0wEEv h' '>V> lO«b9C«L ,.„=> «VA9 - tT"' OItl V �43on3wo�ogW3 N" V OLL`o� O V g A L} L E -O t00 pA i«01'O LL 01N LNa: NTOA �OQ01«yA 241,RcE«a4Ev�«ti NN: o« aia3g T3esro-• 3Er3quE 9AcT19N lOiN�O'00 oto -2o mmov "'Nis x1114 ay ~ �i cy«33�Oo3aNL Y=yO.- c^E tAN touaCCoLa�u=O O0�5y2g•- gNL2 2 N52c102bw3v2 5«nm es -o ORES 1 ANALYSIS 1 COMMENTARY c CyNa0 occ:-o>>2 0o3 EFFao 9 N r7, V L a A y� N � NNW CbGV 0 .A+pO«z C�N 3.,.L NN90 t6J qi1:141 L WN"0l NC•OoETON h: si.8%«E N3o°a,t d,EyyE[ycyro 20 ,�L�N•yy0. Y' �LE.Ez.V'vca=d0g Ei•c `Na V c4p'�2a) � 7 a�` 4 01 N N A. y Ab-NE�oa««EE 2d0go I iiillY14! �3ENpt..>N tt0N" .+�O4�❑ N l«AROO l!!?::13::::E:5,:: o 'o,P'gW$ 99iC T D Cy00gorJ33 a«0gil C 4H°'�ciT—`° m'EvaR a :::!;!T4:::: o;u4o:: -o 9Nc 1Lv :C EtpAOgC.:y3;ar TO: u NoNN 4+ -.' t� b:•NV- benL t Nc ACO.EvgilliGNN `�3a �NWL. 7-1 1 7P' PROCLAMATION DESIGNATING APRIL 19 THROUGH APRIL 25, 2015 AS CRIME VICTIMS' RIGHTS WEEK WHEREAS, victims of crime across America need and deserve support and assistance to help them cope with the consequences of crime; and WHEREAS, national Crime Victims' Rights Week offers us all the opportunity to promote Strength 1n Unity in helping victims and survivors of crime through a wide range of supportive services offered by over 10,000 community and justice system -based programs, and the more than 32,000 federal and state statutes that define and protect their rights; and WHEREAS, by being united against crime and for victim's rights and services we gain strength as individuals, as communities, and as a nation as a whole, and offer strength to victims who seek to recover in the aftermath of crime; and WHEREAS, America has joined together annually, each April since 1981 to recognize the needs and rights of crime victims and survivors during National Crime Victims' Rights Week. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that April 19 through April 25, 2015 be designated as CRIME VICTIMS' RIGHTS WEEK in Indian River County, and the Board honors crime victims and those who serve them during this week and throughout the year. Adopted this 21st day of April, 2015. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Wesley S. Davi s,Chairman Bpb Solari, Vice Chairman J-622) Peter D. O'B . n c:se h E. Flescher Tim 1 8 n,i -''..• i __i , f,, r, i� PROCLAMATION HONORING MARK WHEELER ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE WHEREAS, Mark Wheeler retired from Indian River County Fire Rescue effective May 3, 2015; and WHEREAS, Mark Wheeler began his career with South Indian River County Fire District on July 7, 1984, as Firefighter EMT. On September 28, 1990, Mark was promoted to Engineer. On January 16, 2004, he was promoted to Lieutenant with Indian River County Fire Rescue and continued in this capacity until his retirement; and WHEREAS, Mark Wheeler has served this County and the Public with distinction and selflessness. During his thirty years of service, he was dedicated and his work was greatly appreciated by the employer, citizens and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Mark Wheeler's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last thirty years; and BE IT FURTHER PROCLAIIiED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 21st day of April 2015. ; : 9 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA z ,9 Lck(\ . -. /e,. e/e/C-L ORroN Wesley S. Davis, Chairman _ _ 11....41lOMMOreIso This is to certify that WarkWheer is here6y presented- this Iftirement Aware for outstanding performance and faithful service to Indian River County Board- of County Commissioners Tim- thirty years of service On this. 3ri day of May 2015 \-.t John *rtg '0,ii,Jector of EmOgenry Services Wesley S. Oavis. Board of County Commissioner, Chairman 411•211.101111.0%1.11sVISAIIMION.- 4.1•06111111MMINallii, JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: April 9, 2015 SUBJECT: APPROVAL OF WARRANTS April 3, 2015 to April 9, 2015 SA 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 April 3, 2015 to April 9, 2015. Attachment: DB: MS 11 CHECK NBR 324643 324644 324645 324646 324647 324648 324649 324650 324651 324652 324653 324654 324655 324656 324657 324658 324659 324660 324661 324662 324663 324664 324665 324666 324667 324668 324669 324670 324671 324672 324673 324674 324675 324676 324677 324678 324679 324680 324681 324682 324683 324684 324685 324686 324687 324688 324689 324690 324691 324692 324693 324694 324695 324696 324697 324698 324699 324700 CHECKS WRITTEN CK DATE VENDOR 4/9/2015 UTIL REFUNDS 4/9/2015 UTIL REFUNDS 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 UTIL 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 UTIL 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 UTIL 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 UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS PORT CONSOLIDATED INC JORDAN MOWER INC VERO CHEMICAL DISTRIBUTORS INC VELDE FORD INC DATA FLOW SYSTEMS INC BRENDA DICKHART DELTA SUPPLY CO E -Z BREW COFFEE & BOTTLE WATER SVC GRAINGER KELLY TRACTOR CO REPUBLIC SERVICES INC AMOUNT 10.33 18.73 63.04 39.76 23.35 86.84 40.13 56.19 51.90 47.79 75.32 12.24 64.50 29.93 101.94 39.76 7.87 41.51 21.12 11.71 24.72 32.49 29.23 68.85 82.32 13.73 10.00 72.79 115.02 32.06 55.41 41.46 72.32 64.50 83.85 36.13 80.91 27.66 42.88 86.22 67.36 66.83 111.05 48.75 46.59 81.99 63.03 58,974.83 195.66 149.00 3,014.56 2,215.00 556.00 485.68 78.91 41.04 3,833.07 305.50 1 CHECK NBR 324701 324702 324703 324704 324705 324706 324707 324708 324709 324710 324711 324712 324713 324714 324715 324716 324717 324718 324719 324720 324721 324722 324723 324724 324725 324726 324727 324728 324729 324730 324731 324732 324733 324734 324735 324736 324737 324738 324739 324740 324741 324742 324743 324744 324745 324746 324747 324748 324749 324750 324751 324752 324753 324754 324755 324756 324757 324758 324759 324760 CK DATE VENDOR 4/9/2015 AMERIGAS EAGLE PROPANE LP 4/9/2015 AMERIGAS EAGLE PROPANE LP 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 GAYLORD BROTHERS INC HACH CO LFI FORT PIERCE INC MARK W HILL DUVAL FORD SLP INVESTMENTS INC HD SUPPLY WATERWORKS, LTD BOUND TREE MEDICAL LLC EGP INC VERO INDUSTRIAL SUPPLY INC JAMAR TECHNOLOGIES INC EXPRESS REEL GRINDING INC FLORIDA VETERINARY LEAGUE TIRESOLES OF BROWARD INC OXFORD UNIVERSITY PRESS BFS RETAIL OPERATIONS LLC BARTH CONSTRUCTION INC GENERAL PART INC GOODYEAR AUTO SERVICE CENTER BLAKESLEE SERVICES INC UTILITY SERVICE CO INC BAKER & TAYLOR INC BARNEYS PUMP INC MIDWEST TAPE LLC GOLF SUPPLY HOUSE USA INC PRECISION CONTRACTING SERVICES INC MICROMARKETING LLC K & M ELECTRIC SUPPLY GO COASTAL INC CLERK OF CIRCUIT COURT INDIAN RIVER COUNTY HEALTH DEPT CITY OF VERO BEACH ILLINOIS STATE DISBURSEMENT UNIT CHAPTER 13 TRUSTEE COMPBENEFITS COMPANY COLONIAL LIFE & ACCIDENT INS CO INDIAN RIVER ALL FAB INC UNITED PARCEL SERVICE INC JANITORIAL DEPOT OF AMERICA INC PUBLIX SUPERMARKETS PUBLIX SUPERMARKETS AAA COOPER TRANSPORTATION INC ACUSHNET COMPANY GEOSYNTEC CONSULTANTS INC RONALD BRISKIE FLORIDA POWER AND LIGHT STATE ATTORNEY PEACE RIVER ELECTRIC COOP INC GERALD A YOUNG SR ALAN C KAUFFMANN TOTAL PRINT INC WESTSIDE REPROGRAPHICS OF VERO BEACH INC FLORIDA DEPT OF FINANCIAL SERVICES AIRGAS CARBONIC INC PINNACLE GROVE LTD HAYTH,HAYTH & LANDAU ST LUCIE COUNTY BOCC ST LUCIE COUNTY BOCC AMOUNT 1,391.74 2,871.90 229.86 2,601.82 9,960.03 672.00 72,265.00 90.00 4,372.13 33.10 386.81 26.04 164.65 900.00 127.37 1,044.54 14.40 918.40 18,452.63 1,207.77 49.00 710.00 19,093.11 3,498.66 48,938.00 603.06 281.75 399.89 152.89 6.49 58.90 191.29 15,916.97 43,796.82 142.32 478.38 200.14 51.48 3,838.41 30.66 1,041.50 15.89 122.02 171.89 601.18 14,258.60 75.00 12,074.87 4,109.03 377.00 135.00 220.00 59.90 104.92 13,559.38 5,857.78 500.00 125.00 104,767.25 2,750.00 CHECK NBR 324761 324762 324763 324764 324765 324766 324767 324768 324769 324770 324771 324772 324773 324774 324775 324776 324777 324778 324779 324780 324781 324782 324783 324784 324785 324786 324787 324788 324789 324790 324791 324792 324793 324794 324795 324796 324797 324798 324799 324800 324801 324802 324803 324804 324805 324806 324807 324808 324809 324810 324811 324812 324813 324814 324815 324816 324817 324818 324819 324820 CK DATE VENDOR 4/9/2015 RUSSELL PAYNE INC 4/9/2015 VAN WAL INC 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 JOSEPH W VASQUEZ JOHNS EASTERN COMPANY INC MBV ENGINEERING INC ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT JOSE RIVERA KEN CHATAM 1ST FIRE & SECURITY INC KENNY CAMPBELL JR JAMES A SMALLEY JOHNNY B SMITH SUMMERLINS MARINE CONST LLC DUPERON CORPORATION GLOBALSTAR USA CHARLES A WALKER FISHER & PHILLIPS LLP MARI MILES RENAE CHANDLER TREASURE COAST FOOD BANK INC MICHELLE VAN KEULEN K'S COMMERCIAL CLEANING YOUTH GUIDANCE DONATION FUND TERESA PULIDO LAZENBY & ASSOCIATES INC YAMAHA GOLF CAR COMPANY WOERNER DEVELOPMENT INC HERITAGE CRYSTAL CLEAN INC ATLANTIC COASTAL LAND TITLE CO LLC BOULEVARD TIRE CENTER PICTOMETRY INTERNATIONAL CORPORATION DELRAY MOTORS JOSEPH CATALANO RAYMOND J DUCHEMIN SURVEYMONKEY COM KEITH GROCHOLL KEY BUSINESS CONNECTIONS INC LINDA GRAHAM REPROGRAPHIC SOLUTIONS INC LOWES HOME CENTERS INC LABOR READY SOUTHEAST INC CARDINAL HEALTH 110 INC ALEX MIKLO AGN SPORTS LLC STEVEN G HANSEN COMMERCIAL BUILDING MAINTENANCE PENGUIN RANDOM HOUSE LLC STRAIGHT OAK LLC SEAN MAKI COMMUNICATIONS LLC MICHAEL YOUNG CHEMTRADE CHEMICALS CORPORTATION CONSTANCE TAIBI-LEWIS WADE WILSON FAMILY SUPPORT REGISTRY RDW QUALITY BUILDERS LLC KESSLER CONSULTING INC AXIS DATA SOLUTIONS INC STS MAINTAIN SERVICES INC AMOUNT 1,231.44 40.00 140.00 21,157.25 3,410.00 219.57 222.55 124.18 100.00 40.00 264.00 120.00 1,697.00 180.00 1,300.00 171,000.00 119.37 180.00 6,275.00 234.50 30.00 178.62 125.00 660.00 416.67 240.00 2,822.20 1,114.25 788.00 33.60 75.00 2,185.60 88,540.50 700.17 140.00 220.00 204.00 60.00 550.00 240.00 14.76 1,400.19 12,863.76 921.30 80.00 150.00 180.00 2,869.01 159.75 480.30 1,518.00 40.00 3,808.92 140.00 180.00 9.66 28,271.00 8,430.00 2,970.88 1,450.00 3 CHECK NBR 324821 324822 324823 324824 324825 324826 324827 324828 324829 324830 324831 324832 324833 324834 324835 324836 324837 324838 324839 324840 324841 324842 324843 324844 324845 324846 324847 324848 324849 324850 324851 324852 324853 324854 324855 324856 324857 324858 324859 324860 324861 324862 324863 324864 324865 324866 324867 324868 324869 324870 Grand Total: CK DATE VENDOR 4/9/2015 ANDREW D. FLEISHER, ESQ 4/9/2015 AMERITAS 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 4/9/2015 ARROW INTERNATIONAL SKECHERS USA INC RONALD NICHELSON MINDY RENNARD, ESQ. LUDLUM MEASUREMENTS INC MICHAEL EDWARD HAMILTON BILFINGER WATER TECHNOLOGIES INC CHRISTINA WAGNER SHANA-LEE MOWATT HAWKINS INC THE TRANSIT GROUP INC ANFIELD CONSULTING GROUP INC MARIELA MCSOLEY COSTELLO BROTHERS MARINE CONSTRUCTION LONGHORN LANDSCAPING AND SOD LLC KENA BARBER BARBARA AHRENS MAVIS FALVEY NELSON ROBERT W CROSS UTIL 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 UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AT&T WIRELESS SUNSHINE SAFETY COUNCIL INC UNIVERSITY OF FLORIDA BRE-CLEARWATER OWNER LLC CHRISTOPHER R MORA COUNTY VETERAN SERVICE OFFICERS LELCO FB TALLAHASSEE LLL SAFETY HARBOR RESORT AND SPA SAFETY HARBOR RESORT AND SPA NATIONAL SEMINARS GROUP PETER OBRYAN AMOUNT 150.00 20,459.06 3,868.65 564.23 140.00 319.82 7,864.24 624.58 682.08 120.00 150.00 1,172.00 32,057.80 10,000.00 150.00 INC 24,375.80 2,349.00 50.00 100.00 216.42 216.26 81.64 118.25 249.92 3.41 7.99 81.64 33.33 48.10 14.09 30.82 8.72 18.86 31.16 67.27 335.54 85.46 256.30 22.90 1,887.84 175.00 50.00 465.00 206.86 320.00 180.00 424.00 424.00 149.00 131.52 974,200.54 4 TRANS NBR 3513 3514 3515 3516 3517 3518 3519 3520 3521 3522 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 4/6/2015 4/7/2015 4/7/2015 4/7/2015 4/7/2015 4/7/2015 4/7/2015 4/7/2015 4/8/2015 4/8/2015 VENDOR 1 R C HEALTH INSURANCE - TRUST INDIAN RIVER COUNTY PROPERTY APPRAISER MUTUAL OF OMAHA B/C B/S OF FL ADM FEE SUN LIFE FINANCIAL HEALTH ADVOCATE MUTUAL OF OMAHA BENEFITS WORKSHOP NATIONALLINK BANK OF NEW YORK AMOUNT 449,527.02 23,057.75 16,115.61 33,416.55 16,270.08 1,103.85 6,213.50 7,757.03 10,000.00 100,000.00 663,461.39 1 TRANS. NBR 1006273 1006274 1006275 1006276 1006277 1006278 1006279 1006280 1006281 1006282 1006283 1006284 1006285 1006286 1006287 1006288 1006289 1006290 1006291 1006292 1006293 1006294 1006295 1006296 1006297 1006298 1006299 1006300 1006301 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 4/7/2015 4/7/2015 4/7/2015 4/7/2015 4/7/2015 4/7/2015 4/7/2015 4/7/2015 4/7/2015 4/7/2015 4/7/2015 4/7/2015 4/7/2015 4/7/2015 4/7/2015 4/7/2015 4/7/2015 4/7/2015 4/7/2015 4/7/2015 4/7/2015 4/7/2015 4/7/2015 4/7/2015 4/7/2015 4/7/2015 4/7/2015 4/7/2015 4/8/2015 VENDOR AT&T OFFICE DEPOT BSD CUSTOMER SVC WASTE MANAGEMENT INC EVERGLADES FARM EQUIPMENT CO INC COMMUNICATIONS INTERNATIONAL ROBINSON EQUIPMENT COMPANY INC SSES INC DBA UNIVERSAL SIGNS & ACCESSORIES COLD AIR DISTRIBUTORS WAREHOUSE INDIAN RIVER BATTERY INDIAN RIVER OXYGEN INC DEMCO INC APPLE INDUSTRIAL SUPPLY CO SMITH BROTHERS CONTRACTING EQUIP ALLIED UNIVERSAL CORP IRRIGATION CONSULTANTS UNLIMITED INC GROVE WELDERS INC FERGUSON ENTERPRISES INC DUNKELBERGER ENGINEERING & TESTING COMO OIL COMPANY OF FLORIDA SHRIEVE CHEMICAL CO FLAGLER CONSTRUCTION EQUIPMENT LLC SOUTHERN JANITOR SUPPLY INC CAPITAL OFFICE PRODUCTS CONSOLIDATED ELECTRICAL DISTRIBUTORS INC S&SAUTO PARTS HORIZON DISTRIBUTORS INC CM&S INDUSTRIES INC ARAMARK UNIFORM & CAREER APPAREL LLC AMOUNT 38.73 465.90 1,890.68 828.03 893.67 606.29 1,000.00 17,297.90 259.82 820.85 456.70 576.24 115.56 1,215.93 13,241.41 55.49 2,205.27 9,566.44 2,526.00 34.00 2,944.12 821.50 84.84 633.60 92.90 487.09 34.25 2,142.00 661.59 61,996.80 1 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller P.O. Box 1028 Vero Beach, FL 32961-1028 Telephone: (772) 770-5185 TO: Members of the Board of County Commissioners FROM: Diane Bernardo, Finance Director THROUGH: Jeffrey R. Smith, Clerk of the Circuit Court and Comptrol er DATE: April 10, 2015 SUBJECT: Auditor Selection Committee Recommendation of Audit Firm BACKGROUND A request for proposal (RFP) was issued on March 2, 2015 for qualified firms of certified public accountants to audit the financial statements of the County for the next three fiscal years (beginning with the year ending September 30, 2015 and ending September 30, 2017) with an option for a one-time two year renewal after the initial three year term. Demandstar notified 394 subscribers, of which 21 firms requested the RFP package. Six responses were received. The auditor selection committee was composed of the Clerk of the Circuit Court, the Property Appraiser, the Sheriff, the Supervisor of Elections, the Tax Collector, and one member of the Board of County Commissioners or their designees. In accordance with the RFP, the committee members independently evaluated the proposals and scored the proposals based on the required criteria. The scoring criteria were general government audit experience, qualifications of individuals assigned to audit, audit approach, and audit fees. These scores were compiled by the committee and an initial overall ranking of the submittals was developed. Interviews were not held. The final rankings established by the committee are: Ranking Proposer Contract Fee FY15-FY17 Contract Fee FY15-FY19 1 Rehmann Robson $539,550 $909,550 2 Moore, Stephens, Lovelace CPAs $546,500 $930,000 3 Carr, Riggs & Ingram, LLC $539,000 $910,000 4 Clifton Larson Allen LLP $525,450 $902,525 5 Mayer Hoffman McCann, P.C. $544,500 not provided 6 McGladrey, LLP $555,850 not provided 18 RECOMMENDATION Staff recommends the Board approve the committee's final rankings and authorize negotiations with the top ranked firm, with the contract to be presented to the Board for approval at a later date. APPROVED AGENDA ITEM FOR: April 21, 2015 `J 1 BY: ) 4. C&`')./Y; Indian River County Ap, o ed Date Administrator th, County Attomey / y'9i/OS 1KZ Budget /� I5 ro Department Risk Management 19 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" "g) THROUGH: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller , DATE: April 15, 2015 SUBJECT: Dori Slosberg Driver Education Safety Act Indian River County Traffic Education Program Trust Fund Report Cumulative Reporting Through 3/31/15 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. Subsequently on February 17, 2015, the Board elected to reinstate and increase the driver education fee to $5 under Ordinance Number 2015-003. The new fee is effective March 1, 2015 and is charged on each civil traffic penalty assessed in the County. As noted in the ordinance, these funds shall be used "to fund driver education programs in public and nonpublic schools". Attached to this memo is a report of the revenues and expenditures from the inception of the initial $3 fee (October 1, 2002) and includes the new $5 fee commencing in March 2015. The Board currently carries a balance of $3,799. The Clerk's office will continue to provide a quarterly report of the traffic education trust activity. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached report. Indian River Ap•rove Dat i Administrator I 'I15 I County Attorney Budget l / Department Risk 20 Cn 0 O O_ 0 N O O N c -n • r". C1 ( m tT C1 7 C N (D a CL O Cn 0 0 0- c • O C O EA EA EA _ -- s0 O O) A Cn N W 0 O CT) JeaA jo pua to saoueleq punct Fund balances at beginning of year saoueleq pun/ ul a6ueyo taN -0m - m -IQ v — 0 m < O 5' m O m o m mo) z 0 O z M ° 0 a m m 113 X CD C< o to 0 m j 0 • m Co m c 0 N m m N f42,785 A N V CO CP 42,785 $ 42,563 222 FY 03 10/01/2002- 9/30/2003 Co Cn O) (0 m� 42,911 42,785 A N O - EA A N O N co N O) (T FY 04 10/01/2003- 9/30/2004 129,620 43,924 85,696 $ 41,794 2,130 43,924 FY 05 10/01/2004- 9/30/2005 158,601 28,981 129,620 N CT) O O N CT co CO $ 48,372 5,797 54,169 FY 06 10/01/2005- 9/30/2006 CJ N (.0 (26,410) 158,601 44,373 i A A () V CJ $ 9,537 8,426 17,963 FY 07 10/01/2006- 9/30/2007 O N Cn Cn Cn W N N CO CA C0 C.) -s m W CA _ N 0 CJ O) _ N O EA 0 A Cn c0 CT V 0 V A (0 0) FY 08 10/01/2007- 9/30/2008 76,326 (26,229) 102,555 N 0 C0 co N 29,962 EA W N V (0 V W co A CJ 0 A FY 09 10/01/2008- 9/30/2009 42,287 (34,039) 76,326 35,317 35,317 EA N V Cn V C7) N Co CJ Cn FY 10 10/01/2009- 9/30/2010 35,346 (6,941) 42,287 7,565 V Cn 0) Cr, $ 384 240 624 FY11 10/01/2010- 9/30/2011 N 0) V 0) C.) CJ Cn CO Ca C7) A O 0) v O Co 00 0 O c0 O O) -, N -+0 — V A CJ FY12 10/01/2011- 9/30/2012 0/01/2011-9/30/2012 14,409 (12,354) 26,763 12,460 12,460 EA O V CJ CA 0 0) FY13 10/01/2012- 9/30/2013 V V V V (6,632) 14,409 O) O V (71 0 -Cr) V Cn EA A N CJ Co CI) FY14 10/01/2013- 9/30/2014 CJ V c0 (0 V W V c0 V V V Co A 0 0 Cn A 0 0 Cn $ 17 10 27 YTD FY15 10/01/2014- 3/31/2015 0/01/2014- 3/31/2015 CJ V (0 (0 1 210,655 214,454 Inception to Date Totals 21 David C. Nolte, ASA INDIAN RIVER COUNTY PROPERTY APPRAISER WE ARE HERE TO SERVE YOU! 1800 27`h Street m Vero Beach, FL 32960 MEMORANDUM To: The Honorable Board of County Commissioners Through: Joseph A Baird, County Administrator From: David C Nolte, Property Appraiser Subject: Request for Authorization to Trade -In Vehicle Date: April 13, 2015 Background: We are requesting permission to trade the vehicle listed below, for the purchase of a newer vehicle, in order to upgrade aging vehicles in our fleet. The Indian River County Policies and Procedures Capital Assets, section F, allows for disposition of an asset through trade-in, with Board approval. Fleet # 1886 Asset # 22973 Make/Model: Jeep Liberty Sport Year: 2006 Vin: 1J8GL48K16W148238 Mileage: 52,948 Recommendation: The Property Appraiser requests that the Board approve the $4,500 trade-in value, offsetting the purchase price of a new vehicle. CC: Jason Brown, Director Management & Budget Raeanne Cone, Fixed Assets (772) 567-8000 m Fax: (772) 770-5087 http://vvww.ircpa.org 22 04/09/2015 09:40 7729789011 LINUS PAGE 01/01 LINUS VERO (772) 562-1700 FAX (772) 770-0809 VERO CADILLAC BUICK GMC 1401 U.S. Hwy. 1srocK BEACH, FLORIDA 32960 www.linuseutomotive.com jutG 't/A1)MSRP pat /q / HOME AEPRES�NTATIVE OM NO i Ab' ad 1 0FF10E 4z,_224 /+79 �� GI Lt y-�� • --- FAX ? 72. /4/1 O 2,1/31. ] 31 CLIENT " i'}G(] 4 )? CO -CLIENT Q AND /0 OR EMAIL ADDRESS TRADE ALLOWANCE/DISCOUNT ! ' ' "' ADDRESS a) CITY j c 13 ST ZIP 34760 P.O.B.: DRIVER'S UC. r DIFFERENCE/SELLINGPRICE 1i 1, f 33 DRIVER'S UC, D.O.B.: MODEL YEA .. MAKE cC/ MOD L li'4 t4C 3 EXTERIOR "'• 4 INTERIOR ¶3[ ' 40 11706—.- ID MILEAGE 4/N repALER SERVICE Fpsts r - Thcharge represents coand profit forr items such as inspecting, cleaning and adjusting new and used vehicles and preparing documents related to the sale. l.D, NO. '�� NEW ❑ PRE -OWNED ' -.DEMO 0 RENTAL LEASE TERM: MONTHS BASE P YMENT $599 00 MILEAGE ALLOWANCE: SALEAX ELECTRONIC REGISTRATION FILING FEE $24 00 INCEPTION MONEY: TOTAL MONTHLY • MT , 1!l<<C// STATE OF FLA TIRE &BATTERY FEE $6 50 r3 TRADE-IN 1 YFF✓4R Z6ad MAKE MODE I� C TAXABLE BALANCE VINN 6y�(j R/ 'I 1 (MILEAGE SALES TAX — LIEN TO: COUNTY DISCRETIONARY TAX PAYOFF AMOUNT GOOD THRU: .mm.. TAG TRANSFER /sQ � e d • APPLICATION FOR TITI.,,E - NEW TRADE 2 •- WARRANTY ENFORCEMENT ACT YEAR MAKE MOD= ST, OF FLA NEW -WHEELS FEE ($100.00) .- VIN • MILT AGE PAYOFF ON TRADE-IN LIEN T0. PAYOFF AMOUNT e •OD THRU; TOTAL, PURCHASE PRICE ` t° LESS CASH DEPOSIT ALL CASH SETTLEMENTS WILL BE PAYABLE BY CASHIERS CADILLAUIC C,BK GMC UNLESS PRIOR ARRANGEMENTS ARE MADE. Please Note: The appraised value of the vehicle traded Is valid only if retailer as of this date. Should the traded vehicle be delivered at a later reserves the right to re -appraise the offered trade at that time. Should with the reappraised value then this order may bo cancelled provided the prior to delivery to the retailer, CLIENT INITIALS. CHECK TO LINUS i1 is delivered to the date the retailer the client not ogres right le exercised REBATE CASH ON DEUVERY UNPAID BALANCE TO BE FINANCED Client, by signing thls Offer fully understands that if this is a cash transaction, this offer is not valid unless accepted and signed by Unus Cadillac Buick GMC and 11 this is an installment sale transaction, that this offer is not accepted and the transaction is not consummated until (a) approved in writing by Lints Cadillac Buick GMC, and a responsible Bank or Finance Company and (b) all disclosures required by the Federal Consumer Credit Protev-tion Act (Truth in Lending Act) have been given and (c) Client and Linus Cadillac Buick GMC have signed an installment Salsa Contract. Client hereby acknowledges all terms of this Offer are fully understood. CLIENT(S) SIGNATURE ACCEPTED • LINUS CADILLAC BUICK GMC 23 CONSENT: 4/21/15 �-- 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: William K. DeBraal - Deputy County Attorney' DATE: April 14, 2015 SUBJECT: Release and Satisfaction of Demolition Lien (Lot 73, Crystal Falls of Vero) On October 5, 2012 Indian River County recorded a demolition lien against Lot 73 in Crystal Falls of Vero in the amount of $2,054.54. The property has recently been sold and at closing the lien was satisfied with both the principal amount of the lien and accrued interest being paid. Attached for the Board's consideration is a Release and Satisfaction. FUNDING: The only funding associated with this item is the recordation fee in the amount of $10.00 for recording the Release and Satisfaction in the public records. This amount is available from the MSTU Fund/Road and Bridge (other contractual services) Account No. 00421441-033490. REQUESTED ACTION: Authorize the Chairman to execute the attached Release and Satisfaction for recording in the Public Records of Indian River County, Florida. nhm Attachment Approved for April 21, 2015 BCC Meeting CONSENT COUNTY ATTORNEY 24 Indian River Co. i, roved Date Admin. i� y / /� Co. Atty. T ' Budget .� Department OL �tf /i Risk Management --- 24 This document was prepared by: Office of Indian River County Attorney 1801 27th Street Vero Beach, FL 32960 772-226-1425 RELEASE AND SATISFACTION FOR AND IN CONSIDERATION of certain sums paid, the receipt of which is hereby acknowledged, INDIAN RIVER COUNTY, whose address is 1801 27th Street, Vero Beach, Florida 32960, hereby releases from the below described property, owned by CD & M ASSOCIATES, LLC, the costs of demolition recited in or associated with (1) Certificate of Building Official recorded in Book 2551, Page 1442; (2) Resolution No. 2012-009 recorded in Book 2604, Page 1402; and (3) Lien recorded in Book 2612, Page 305, all of the Public Records of Indian River County, Florida: Lot 73, Crystal Falls of Vero, according to the plat thereof, as recorded in Plat Book 16, Page 95, Public Records of Indian River County, Florida. EXECUTED by the Chairman of the Board of County Commissioners of Indian River County, Florida, this day of April, 2015. BOARD OF COUNTY OMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: By Deputy Clerk Wesley S. Davis, Chairman BCC approved: April 21, 2015 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of April, 2015 by Wesley S. Davis, Chairman of the Board of County Commissioners of Indian River County, Florida, who is personally known to me. NOTARY PUBLIC printed name: Commission No.: Commission Expiration: Approved as to form and legal suff, iency: 1 illiam K. DeBraa Deputy County Attorney 2.5 CONSENT: 4/21/15 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: April 14, 2015 SUBJECT: Resolution Delegating to the County Utilities Director or Designee the Authority to Execute Certain Lien Documents Relating to Unpaid Water and Sewer Fees Under Section 201.22 of the Code of Indian River County Under Section 201.22 of the Code of Indian River County, liens for unpaid water and sewer fees have customarily been prepared and recorded against the property serviced, with such document bearing the signature of the County Utilities Director. The presumed authority for signing these liens and any satisfactions or releases associated with this particular type of utility lien has been Resolution No. 2008-088. Since Resolution No. 2008-088 does not specifically designate to the County Utilities Director or designee the authority to sign Tien documents relating to unpaid water and sewer, we have prepared the attached resolution to accomplish this. The resolution also ratifies all previously signed lien documents for unpaid water and sewer charges which were done under the presumed authority of Resolution No. 2008-088. FUNDING: There is no cost associated with this item. REQUESTED ACTION: Adopt the attached Resolution delegating to the County Utilities Director or designee the authority to execute certain lien documents relating to unpaid water and sewer fees under Section 201.22 of the Code of Indian River County so long as all such documents bear the approval signature of the County Attorney or designee. nhm attachment: Resolution Approved for April 21, 2015 BCC Meeting CONSENT OUNTY ATTORNEY Indian River Co. Approved Date Admin. < S�1%� Co.j Atty. Budget Department 4 Risk Management --- --- 26 RESOLUTION NO. 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE COUNTY UTILITIES DIRECTOR OR HIS DESIGNEE, ON BEHALF OF THE BOARD OF COUNTY COMMISSIONERS, TO EXECUTE CERTAIN LIEN DOCUMENTS RELATING TO UNPAID WATER AND SEWER FEES, INCLUDING SATISFACTIONS AND RELEASES UNDER SECTION 201.22 OF THE CODE OF INDIAN RIVER COUNTY. WHEREAS, Section 201.22 of the Code of Indian River County provides for the ability to record liens against property serviced in connection with water and sewer; and WHEREAS, whenever any of the foregoing water and sewer liens are paid off, the County provides a satisfaction and/or release of the lien to the property owner; and WHEREAS, it is beneficial to streamline the process by authorizing someone to sign the lien related documents on behalf of the Board of County Commissioners; and WHEREAS, the County Utilities Director has been previously authorized to sign on behalf of the Board of County Commissioners concerning other categories of utility lien documents; and WHEREAS, the signing authority for the liens for unpaid water and sewer charges as well as any satisfactions and/or releases thereto has been broadly interpreted as being delegated by Resolution No. 2008-088 to the County Utilities Director or his designee, 1 27 RESOLUTION NO. 2015 - NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The Board of County Commissioners hereby specifically delegates to the County Utilities Director or his designee, the authority to sign liens for unpaid water and sewer charges on behalf of the Board pursuant to Section 201.22 of the Code of Indian River County, including satisfactions and/or releases of liens relating thereto, provided that all such documents contain the signature of the County Attorney, or designee, approving such documents as to form and legal sufficiency. 2. All such hens and satisfactions and/or releases signed by the County Utilities Director or his designee in connection with water and sewer charges under Section 201.22 and under the presumed authority of Resolution No. 2008-088 is hereby approved and ratified. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan 2 RESOLUTION NO. 2015 - The Chairman thereupon declared the resolution duly passed and adopted this 21st day of April, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Wesley S. Davis, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REINGOLD COUNTY ATTORNEY 3 29 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF EMERGENCY SERVICES MEMORANDUM CONSENT TO: Honorable Board of County Commissioners THROUGH: Joseph A. Baird, County Administrator THROUGH: John King, Director 'N' Department of Emer` re Services FROM: DATE: SUBJECT: Etta LoPresti, Emergency Management Coordinator Emergency Management Division...59" April 6, 2015 Approval of Contract for Purchase of WebEOC Incident Management Software It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: Indian River County Emergency Management has researched the purchase of an incident management computer software package, called WebEOC. WebEOC is a web -enabled, user-friendly, and locally configurable incident and event management system. This software is used extensively worldwide, including 43 agencies in the state of Florida. Florida entities include federal, state, and local government; military installations, law enforcement and major corporations. This incident management software has been used to successfully manage the Super Bowl, Presidential Inauguration, G-8 Summit, NY Marathon, Boston Marathon, and more. Unlike the product currently in use, WebEOC has the ability to be utilized in day-to-day operations such as: grant management, EMAP (accreditation) compliance tracking, and more. Furthermore, WebEOC easily integrates into FEMAs Integrated Public Alert and Warning System (IPAWS), which supports sending of local alerts from local, state, tribal, and territorial officials during emergencies and from the President in the event of a catastrophic national emergency. Staff is requesting to waive the requirement to bid and authorize the Purchasing Department to issue a purchase order. FUNDING: This agreement will be cost shared between two (2) grants. The end user license agreement is $25,500 (EMPG — Grant approved by the BCC on 8-19-14) and the one-time implementation fee is $29,000 (FP&L— Grant approved by the BCC on 5-13-14)). This results in a total of $54,500. Grant funding is also expected to cover an additional estimated $25,500 per year in maintenance costs going forward. 30 Item Amount Account Number WebEOC Software $25,500.00 00120825-035120-05050 Implementation Services (administrator training, configuration, user training, project management) $29,000.00 00123725-035290 TOTAL $54,500.00 Budget RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize the attached WebEOC End User License Agreement for purchase of WebEOC incident management software and authorize the expenditure for the associated implementation fees. ATTACHMENTS: 1. Two originals: Intermedix WebEOC End User License Agreement 2. Intermedix WebEOC Sole Source Letter 3. Intermedix Quote Number 00002676 for Implementation Services 4. Intermedix Quote Number 00002598 for WebEOC Software APPROVED FOR AGENDA FOR: April 21, 2015 BY: C,;),Q. Joseph A. Baird County Administrator Indian River County Ap • roved Date Administrator y1,;1); Legalt. - .%,',- Budget j 4/I4/� Risk Management iii V G� ply /015 Department 4 IL 1 •{.13 , i.0 31 intermedix ESi Aoquisition, Inc. an Intermedix Company Intermedix Contact: Brad Pond Phone: 706-262-2485 Email: brad.pond@intermedix.com Quote Number: 00002676 Implementation Services - Revised Quote Date: 3/19/2015 Quote Expires: 5/18/2015 Quote To Indian River County Emergency Ship To Indian River County Emergency TE-TVLEX-ES Management, FL 1 Management, FL $2,000.00 4225 43rd Ave Tech Svcs - Misc. Project Adminstrator Training and Process Discovery, WebEOC Configuration, Process Validation and User Training, and project management 1 $27,000.00 Vero Beach, FL 32967 Sub -Total Contact Maria "Lulu" Resto (772) 226-3853 mresto@ircgov.com Thank you for your support of Intermedix products and services. If you are ready to proceed with a purchase order, please send to your Intermedix contact listed above. We look forward to working with you and your staff! Quotes issued in US Dollars. Items not manufactured by Intermedix are subject to change. Substitutes will be provided for customer consideration and approval. PROPOSAL Software and Services Product Code Item Description Qty Unit Price Ext. Price TE-TVLEX-ES Travel and Per Diem Customer is responsible for change fees. 1 $2,000.00 $2,000.00 TS SYSPROJ ES Tech Svcs - Misc. Project Adminstrator Training and Process Discovery, WebEOC Configuration, Process Validation and User Training, and project management 1 $27,000.00 $27,000.00 Sub -Total $29,000.00 Total: $29,000.00 Implementation Services - Revised Quote # 00002676 for Indian River County Emergency Management, FL p. 1 of 1 Intermedix 16451 N. Federal Highway Suite 1000, Fort Lauderdale, FL 33308 I Phone: 954.308.8700 I Fax: 954.308.8725 ESi Acquisition, Inc. 1823 Broad Street, Augusta, GA 30901 I Phone: 706.823.0911 I Fax: 706.826.9911 © 2014 Intermedix Corp. Proprietary and Confidential. 32 intermedix ESi Acquisition, Inc. an Intermedix Company Intermedix Contact: Brad Pond Phone: 706-262-2485 Email: brad.pond@intermedix.com Quote Number: 00002598 3 Year Contract Term Quote for WebEOC Pro- Subscription- Software Quote Date: 3/10/2015 Quote Expires: 5/09/2015 Quote To Indian River County Emergency Ship To Indian River County Emergency Ext. Price Year 2 Management, FL SUB-WebEOC-3/250 Management, FL 1 4225 43rd Ave $25,500.0 0 $26,265.0 0 $27,052.9 5 Vero Beach, FL 32967 Sub Totals Contact Etta LoPresti $26,265.0 0 $27,052.9 5 (772) 226-3856 elopresti@ircgov.com Thank you for your support of Intermedix products and services. If you are ready to proceed with a purchase order, please send to your Intermedix contact listed above. We look forward to working with you and your staff! Quotes issued in US Dollars. Items not manufactured by Intermedix are subject to change. Substitutes will be provided for customer consideration and approval. PROPOSAL Software and Services Product Code Item Description Qty Unit Price Ext. Price Year 1 Ext. Price Year 2 Ext. Price Year 3 SUB-WebEOC-3/250 WebEOC® Professional - v7 (Subscription, 3 admin:: 250 users) 1 $25,500. 00 $25,500.0 0 $26,265.0 0 $27,052.9 5 Sub Totals $25,500.0 0 $26,265.0 0 $27,052.9 5 TOTALS Total, Year 1 $25,500.00 Total, Year 2 $26,265.00 Total, Year 3 $27,052.95 CONTRACT GRAND TOTAL $78,817.95 Optional Items Quote # 00002598 for Indian River County Emergency Management, FL p. 1 of 1 Intermedix 16451 N. Federal Highway Suite 1000, Fort Lauderdale, FL 33308 I Phone: 954.308.8700 I Fax: 954.308.8725 ESI Acquisition, Inc. 1823 Broad Street, Augusta, GA 30901 I Phone: 706.823.0911 I Fax: 706.826.9911 © 2014 Intermedix Corp. Proprietary and Confidential. �► inter ESi Acquisition, Inc. an Intermedix Company March 9, 2015 Etta LoPresti, FPEM, CEM Emergency Management Coordinator Indian River County Emergency Management 4225 43rd Avenue Vero Beach, FL 32967 RE: Response to Sole Source Inquiry; WebEOC Professional Software Suite Dear Etta: ESi Acquisition, Inc. ("ESi") is the sole developer and licensor of the WebEOC-branded software. Since its initial development and release in 1999, ESi has maintained control over the source code, the WebEOC trademark and all other proprietary rights embodied in the WebEOC Professional software and its companion products: • WebEOC®Air • WebEOC® Team Manager • WebEOC® Passenger Data • WebEOC® Mapper Professional • WebEOC® for Hospitals • WebEOC® Fusion • WebEOC® Town Square • WebEOC® Core • WebEOC® Resource Request and Deployment Module As the only entity with access to the WebEOC source code, ESi is the only entity which may accurately diagnosis software errors and defects, issue corrections and fully integrated enhancements, and warrant performance of the software. Sole source acquisition of the WebEOC software products and services may be justified under Subpart 6.3 of the Federal Acquisition Regulations ("FAR"). In the case of software products and software maintenance, the FAR allow sole source acquisition of unique items which are available from one or a limited number of sources or for proprietary items where only limited data rights are provided under license. The WebEOC software meets these requirements. State and local government organizations are encouraged to ask their procurement officer if local laws include similar sole source provisions, or if the federal justifications may be used to support sole source procurement. Intermedix 6451 N. Federal Highway Suite 1000, Fort Lauderdale, FL 33308 Phone: 954.308.8700 Fax'. 954.308.8725 ESi Acquisition, Inc. 823 Broad Street, Augusta, GA 30901 Phone: 706.823.0911 Fax 706.826.9911 © 2015 Intermedix Corp. Proprietary and Confidential ESi also provides a wide range of professional services. These services are specialized in nature and focused on configuration and technical support for the proprietary software technology. These services frequently require access to ESi proprietary information and are not available through or resold by any third parties. The WebEOC Hosting Services, WebEOC Professional subscription services, and WebEOC Core subscription software services and supporting Emergency Management and Municipal Operations Modules also are available exclusively from ESi. On behalf of ESi, we look forward to the opportunity to work with you. If you have any questions, or require additional information, please do not hesitate to contact me at (414) 721-9731. Sincerely, Samuel Klietz Senior Vice President, Intermedix WebEOC® End User License Agreement Hosted Implementation 1. License Agreement. This is a license agreement and not an agreement for sale. This License Agreement effective this day of 2015, is made by and between ESi Acquisition, Inc. ("ESi"), a Delaware Corporation with its principal place of business at 823 Broad Street, Augusta, GA 30901 and ("Licensee"), a organized under the laws of with principal business location at . This License Agreement ("Agreement") gives Licensee certain limited rights to use the proprietary ESi Software, Software Updates, and Documentation including any updates thereto. 2. Definitions. (a) "Administrator" means an employee, officer, director or consultant of Licensee to whom Licensee has provided a user account and certain rights to administer the Software on behalf of Licensee. (b) "Affiliate" means a corporation or limited liability corporation in which (i) ESi owns a majority interest and/or has substantial control over assets, operations and management, or (ii) which owns or has substantial control over the assets, operations and management of ESi, or (iii) is under common control with ESi. (c) "Documentation" means the WebEOC® Administrator and User Manuals and any other documents, materials, information or guidance, whether supplied as printed material or in electronic form, provided by ESi in conjunction with the purchase, training, use, maintenance or update of the Software. (d) "ESi" means ESi Acquisition, Inc., a Delaware corporation, with its primary place of business at 823 Broad Street, Augusta, GA, USA, 30901 and/or its affiliates. (e) "License" means certain limited rights to use the proprietary ESi Software, Software Updates, online and/or hard -copy documentation and user guides as set forth in Section 4 of this Agreement. (f) "Licensee" means the person or legal entity accepting this License to use the Software, or for whom such License was obtained. (g) "Module" means a proprietary set of status boards developed by ESi for use with selected WebEOC-branded software which are designed to address a common functional need. (h) "Party" means ESi or the licensee individually and "Parties" shall mean ESi and the Licensee collectively. (i) "Software," means, individually and collectively, all of the software licensed by Licensee from ESi including, but not limited to, WebEOC® Professional, WebEOC® Town SquareTM, software plug -ins, modules, interfaces, and software updates. (j) "Software Updates" means any technical correction, patch, bug fix, enhancement or other software release provided to Licensee pursuant to this License or under any Software Support Plan purchased by Licensee. Rev. 01/13/2014 (k) "Surge Capacity Plan" means an optional emergency response program which permits Licensee to increase the number of Users to support response to or recovery from an incident declared a disaster by a state or federal government agency. (1) "Term" means the period of years for which Licensee has elected to license the Software. (m) "User" means any person to whom Licensee has provided a user account for the Software. 3. Ownership and Licensing Authority. (a) Ownership of, and title to, the Software and Documentation shall be held by ESi and its licensor(s) and is protected by United States law and applicable international laws, treaties and conventions regarding intellectual property. ESi warrants that it has the power and authority to grant the license described herein. ESi and its licensor(s) shall retain all rights, title and ownership not granted herein to all copies of the Software and Documentation licensed under this Agreement. (b) ESi represents and warrants that it is authorized to redistribute and license any third party software delivered with the Software and Documentation provided under this Agreement. The owner of such third party software shall have the right to enforce this Agreement to the extent permitted by applicable law. 4. Grant of License. ESi grants to Licensee, and Licensee accepts, subject to the following terms and conditions and payment of the applicable license fee, a limited non-exclusive, non -transferable, and non-sublicensable right, revocable according to the terms stated herein, to use the Software and Documentation for the stated Term. S. Permitted Uses. (a) Licensee may install and use one (1) Instance of the Software on one (1) Machine. As used herein, Machine means a single laptop, personal computer or web server, or a combined web and database server or multiple load -balanced web servers, configured to point to a single database and database server that is used operationally or "in production" ("Instance"). (i) Licensee may use the Software and Documentation solely for Licensee's internal business purposes. (ii) Licensee also may make one (1) copy of the Software for back-up or archival purposes. (iii) License also may install the Software to support "non -production" software development cycle activities as set forth in Exhibit A to this Agreement (iv) If Licensee requires or desires operational use of more than one Instance of the Software, an additional License(s) shall be required. (b) The Software is licensed on a named and active user baser. Each User shall have a unique user account. User accounts shall not be shared. Licensee may provide access to the number of Administrators and Users set forth in Exhibit A to this Agreement. User counts are based on the average number of unique log -ins each month. ESi shall have the right to conduct regular audits of Licensee compliance. with the number of Users permitted under this Agreement. Licensee agrees to provide ESi with the information required to complete such audits. Such audits shall be conducted at ESi expense, except that Licensee shall be responsible for reimbursing ESi for all reasonable audit expenses if Licensee shall be found in violation of the User limits set forth in this Agreement. Licensee shall be in violation of User Rev. 01/13/2014 37 limits if the average number of Users during any month covered by the audit is greater than the number of Users permitted in Schedule A and such increase in Licensee is not supported by a Surge Capacity Plan. (c) Administrators and Users shall have different rights to access the Software: (i) Administrators may access all features of the Software. Certain features of the Software may only be accessed by named users who are granted status as an Administrator ("Administration Tools"). Administration Tools include, but are not limited to: creation and administration of user accounts; creation and subsequent editing of incidents; software configuration; use of the WebEOC® BoardBuilder tool; installation and administration of board sets, plug -ins, modules, interfaces and Software Updates; and access to the Software's Application Programming Interface. (ii) Users may not be granted access to any Administration Tools, except that Administrators may grant designated Users rights to create or edit incidents and to add or edit maps in MapTacTM. Except where otherwise provided in this Agreement, rights to access and use Administrative Tools are given exclusively to the Licensee and Licensee may not grant such rights to any third party. (d) Licensee may provide its consultant(s) or independent contractor(s) with access to the Software and Documentation, provided that such consultants or independent contractors are using the Software and Documentation exclusively for the benefit of the Licensee. Licensee shall be responsible for compliance by its consultants and independent contractors with the terms and conditions of this Agreement. (e) If your licensed Software includes the WebEOC® BoardBuilder tool, Licensee may use the WebEOC® BoardBuilder tool to copy, modify and create WebEOC® forms and templates ("Status Boards") and Licensee may distribute, in printed form or as electronic media, the Status Boards to Licensee's authorized users, provided that such Status Boards are used exclusively for the internal business purposes of Licensee. Status Boards are derivative works of the Software. Licensee shall not sell, resell, license or otherwise transfer for value any derivative works created using the WebEOC® BoardBuilder tool, and Licensee shall not distribute such derivative works as part of any product or service for value to any third party. Any derivative works prepared by Licensee shall remain subject to the terms of this Agreement and shall clearly display the following copyright notice to properly acknowledge the proprietary rights of ESi and its third party licensors: "This work includes the intellectual property of ESi and its licensors and is provided under license. Copyright © 2002-2014, ESi and its licensors. All rights reserved." (f) Licensee may, at its option and according to the terms of the ESi standard price list, obtain a Disaster Recovery Software License to support replication of an active, source server to one or more redundant ("Target") servers which may be placed in use to support disaster recovery or fail -over activities. A Disaster Recovery Software License is required for each Target server. A Disaster Recovery Software License may be used to operate an "in production" instance of the Software only when the Source server is inactive or inoperable; only one Instance of the Software shall be active at any one time. Licensee is not required to obtain additional licenses for Software plug -ins, modules or interfaces installed on a redundant licensed machine. (g) Permitted uses of WebEOC Fusion vary from the terms set forth in Sections 5(a) through 5(0. Licensee may install and place in production one (1) copy of WebEOC Fusion on one (1) Source and one (1) Target server. Licensee may make one (1) copy of the Software for back-up or archival purposes, or Licensee may install a second copy of the WebEOC Fusion software on a second machine as long as only one (1) copy of the WebEOC Fusion software is in use at any one time. There is no limit to the number of licensed instances of WebEOC® (or number of WebEOC licensees) which may be connected by a single instance of WebEOC Fusion, provided that (i) only the Licensee of the WebEOC Fusion software Rev. 01/13/2014 has administrative privileges and administrative access to the WebEOC Fusion software and (ii) Licensee has paid to ESi all applicable connection fees. 6. Fees and Payment. (a) License fees are due and payable according to the payment schedule set forth in Exhibit C. Additional license fees are required should Licensee elect to: (a) use the Software on more than one (1) Licensed Machine; (b) increase the number of named users who may access the Software; (c) increase the number of non -production instances of the Software; (d) license additional Software; (e) upon renewal; or (f) as otherwise required by this Agreement. Such license fees shall be determined by the price list in effect at the time of the transaction and are due and payable prior to installation of the Software or added capacity. (b) At least sixty (60) days prior to the expiration of this Agreement, ESi shall notify Licensee of the current fees for Software, software maintenance and technical support, and hosting services and invoice Licensee for an additional term of one (1) year at the stated price. Licensee shall pay to ESi the invoiced amount on or before the anniversary date of this Agreement. (c) ESi reserves the right to charge interest equal to one and one-half percent (1.5%) on all amounts past due with interest accruing as of the day after the due date, or the maximum rate allowable by law, whichever is less. Licensee shall reimburse ESi for all costs and expenses incurred by ESi in any actions taken to collect any past due amounts including, without limitation, attorney's fees. (d) ESi reserves the right to suspend Licensee access to Software and services if Licensee fails to pay all fees owed and due in a timely manner. 7. Protection of Software. Licensee agrees to take all reasonable steps to protect the Software and Documentation from unauthorized copying or use. The Software source code represents and embodies trade secrets of ESi and/or its third party licensors. The Software source code and embodied trade secrets are not licensed to the Licensee. Licensee agrees not to disassemble, decompile or otherwise reverse engineer the Software, use reflection or other mechanism to view, interpret, translate or try to understand the structure of the Software, or otherwise attempt to discover the source code and/or the trade secrets contained in the source code, and Licensee will not allow third parties to do so. Licensee may not, nor allow third parties to, modify or alter the Software in any way. 8. Confidentiality. The Software and Documentation contain confidential information and trade secrets of ESi and/or its third party licensors. Licensee agrees to hold in confidence, not disclose and not use the Software and Documentation except as expressly provided herein, and Licensee shall ensure that there is no breach, compromise or violation of such confidentiality by Licensee's employees, consultants, or independent contractors. Licensee recognizes and agrees that there is no adequate remedy at law for a breach of this Section or of Section 9 of this Agreement, that such breach would irreparably harm ESi, that monetary damages would not be an adequate remedy, and that ESi is entitled to injunctive relief with respect to any such breach, or potential breach, in addition to any and all other remedies available at law or at equity. Rev. 01/13/2014 9. Proprietary Interests. (a) The Software and Documentation, and all copies thereof, shall remain the exclusive property of ESi and/or its third party licensors. All applicable rights to copyrights, trademarks, logos, patents and other intellectual property shall remain vested in ESi and/or its third party licensors. Licensee shall not claim, register, alter or modify, any interest in such copyrights, trademarks, patents or other intellectual property, nor shall Licensee nor attempt to do any of the foregoing. Licensee shall not translate any of the ESi trademarks into any other language or alphabet. (b) Notwithstanding Section 9(a) if this Agreement, Licensee shall have title at all times to data input and output arising out of the use of the Software, and any computer programs developed by or for Licensee using output of the Software as input to another source, and which do not include any logic and code of the Software, and such shall remain the exclusive property of the Licensee. 10. Restrictions. Except as expressly authorized in this Agreement, Licensee shall not rent, lease, loan, sell, sublicense, distribute, transfer, copy, reproduce, display, modify, provide commercial hosting services, time share or dispose of the Software or Documentation or any part thereof, use the Software to provide any services to third parties or otherwise use the Software and Documentation to generate commercial revenue. 11. Assignment. Licensee may not assign or otherwise transfer, in whole or in part, or in any other manner, any rights, obligations, or any interest in or under this Agreement without the prior written consent of ESi and any attempted assignment will be void. A merger or other acquisition by a third party will be treated as an assignment. ESi may at any time and without Licensee's consent assign all or a portion of its rights and duties under this Agreement to a company or companies wholly owning, owned by, or in common ownership with ESi. 12. Copying of Documentation. Licensee may make as many copies of the Documentation as necessary for Licensee's internal purposes, provided that the Licensee shall not modify or alter the content or appearance of the Documentation, modify or alter the appearance of any ESi trademark or logo in the Documentation, or eliminate any references to ESi, WebEOC® or other ESi Software in the Documentation, and provided that Licensee shall reproduce and distribute the ESi copyright and notices page contained in the Documentation with all such copies, and maintain the confidentiality of the copies in accordance with Section 8 above. 13. Software Maintenance and Technical Support; Module Care Plans; Hosting Services (a) Licensee shall receive software maintenance, technical support and hosting services set forth in Exhibit B from ESi or its authorized agent during the Term, provided that Licensee is not in violation of this Agreement. (b) All Software Updates received by Licensee shall be subject to the terms of this Agreement. 14. Limited Warranty and Disclaimers. (a) ESi warrants that the Software, except Modules, will perform in accordance with the accompanying Documentation for a period of one (1) year from the first day of the month following installation, if ESi or Rev. 01/13/2014 its authorized agent, associate or contractor performs the Software installation, or on the first day of the month after the Software is shipped, if ESi or its authorized agent, associate or contractor ships the Software to the Licensee. ESi warrants that the Module will perform in accordance with the accompanying Documentation for a period of ninety (90) days from the first day of the month following installation, if ESi or its authorized agent, associate or contractor performs the Software installation, or on the first day of the month after the Software is shipped, if ESi or its authorized agent, associate or contractor ships the Software to the Licensee. (b) If programming errors or defects do occur during this period and ESi is promptly notified in writing of the nature of the error, ESi will correct the error without charge. (c) ESi's entire liability and Licensee's exclusive remedy shall be, at ESi's option, either (a) correction of the error or (b) return of the license fee. This limited warranty does not cover errors attributable to accident, abuse or misapplication, alteration, operation outside the parameters specified in this Agreement or the Documentation, failure to install Updates provided during the warranty period, installation, training or programming provided by an anyone other than ESi or an ESi-certified technician, or other breach of this Agreement by Licensee. (d) ESi DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND/OR ACCOMPANYING DOCUMENTATION. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY ESi OR ANY OF ITS AGENTS, EMPLOYEES OR CONTRACTORS SHALL CREATE A WARRANTY, AND LICENSEE IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. ESi EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR FREE OF ERRORS. (e) The Software is an information management application. The software is not fault-tolerant and is not designed, manufactured, or intended for use or resale in hazardous environments that require fail-safe performance such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, emergency response, terrorism prevention or response, life support or weapons systems (collectively "High Risk Activities"), the failure of which could lead to death, personal injury, or severe physical or environmental damage. ESi EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. (f) To the extent permitted by law, Licensee agrees to indemnify, defend and hold ESi, its officers, directors, employees, agents, subcontractors, licensors, successors, and assigns harmless from and against any and all liability, losses, claims, expenses (including attorneys fees), demands or damages of any kind, including direct, indirect, special, punitive, incidental, or consequential damages, arising out of or in connection with the Licensee's use of the Software for High Risk Activities. 15. Limited Liability. EXCEPT WITH RESPECT TO ITS OBLIGATIONS UNDER SECTION 17 OF THIS AGREEMENT, ESi AND ITS LICENSORS' AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SOFTWARE OR DOCUMENTATION IS LIMITED TO THE TOTAL OF ALL SUMS PAID OR PAYABLE TO ESi FOR THE LICENSE. ESi AND ITS LICENSORS SHALL NOT IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS OR REVENUE, LOST SOFTWARE, LOSS OF DATA, COSTS OF RECREATING LOST DATA, OR THE COST OF ANY SUBSTITUTE SOFTWARE OR EQUIPMENT), INDIRECT OR PUNITIVE DAMAGES EVEN IF ESi HAS BEEN ADVISED OF THE Rev. 01/13/2014 41 POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF WARRANTY, TORT, PRODUCTS LIABILITY OR OTHERWISE. 16 License Term and Termination. (a) The initial term of this Agreement shall be the Tenn set forth in Exhibit A and its effective date shall be the date set forth in the first paragraph of this Agreement. This Agreement shall automatically renew for successive one (1) year terms unless terminated in writing by either party. (b) Termination for Cause. Either party may terminate this Agreement, upon thirty (30) days written notice to the other, if a party materially violates any provision of this Agreement and fails to remedy such violation within thirty (30) days after written notice thereof. Failure to pay the fees outlined in this Agreement in a timely manner shall be deemed a material breach. Licensee acknowledges and agrees that ESi may seek equitable relief at any time to remedy a violation or threatened violation of the restrictions set forth herein regarding the use and protection of the Software and Documentation. (c) Termination for Convenience. After expiration of the initial Term, either party may terminate this agreement without cause upon sixty (60) days written notice. (d) Upon termination, Licensee shall immediately destroy the original and all copies of the Software and Documentation, or return them to ESi. If Licensee elects to destroy the Software and Documentation, Licensee shall provide a certificate of destruction to ESi within five (5) business days of the termination date. (e) If Licensee receives Hosting Services from ESi, the following termination provisions also apply upon termination of this Agreement for any reason: (i) Licensee access to Software and Hosting Services shall be suspended; (ii) Licensee shall immediately surrender to ESi any Internet protocol numbers, addresses or ESi-owned domain names assigned to Licensee in connection with the Hosting Services delivered hereunder; (iii) ESi shall copy Licensee data to a portable storage medium and ship to Licensee via courier or other traceable delivery service within ten (10) days of termination date unless other arrangements are requested by Customer within five (5) days of the termination date; (iv) Any and all Licensee data shall be overwritten, erased, encrypted or otherwise rendered unrecognizable upon confinnation from Licensee that Licensee data has been received in machine-readable format; and (v) Any Licensee requesting restoration of Hosting Services post -termination shall pay a $2,400 reinstatement fee and all applicable fees for requested services including data restoration, and shall be liable to pay any outstanding, undisputed amounts due ESi prior to such restoration of services. (vi) In the event of early termination of the Agreement, Licensee may request a rebate for services purchased and not performed. The unit of measure for calculating any rebate shall be weeks and shall be calculating using the following formula: (contract price/52 weeks) x number of weeks of service Customer would have received if the Agreement had been fully performed. In the event that ESi terminates the agreement for cause, ESi Rev. 01/13/2014 42 shall retain the balance as liquidated damages. 17. Infringement of Patent and Other Proprietary Rights. (a) ESi represents to Licensee that it has no knowledge of any existing or potential claims that the Software or Documentation violates or infringes upon any patent, copyright, trade secret or other proprietary right of a third party. (b) ESi shall indemnify, defend and hold harmless Licensee from and against all claims, damages, losses, liabilities and expenses, including reasonable attorneys' fees, arising out of any claim by a third party asserting that the Software, Documentation, services or any use thereof, infringes such third party's patent, copyright, trademark, trade secret, confidentiality or other right, provided that Licensee notifies ESi in writing within a reasonable time after Licensee first receives written notice of the claim and gives ESi reasonable assistance, at ESi's cost, in the defense or settlement of the claim. If any such infringement, claim or action is brought or threatened, ESi will, at its sole option and expense: (a) procure for Licensee the right to continue using the Software; or (b) modify or amend the Software, provided that such modified Software will have substantially the same or comparable capabilities, or replace the Software with other software having substantially the same or comparable capabilities; or (c) if neither of the foregoing is commercially practicable, terminate this Agreement and repay Licensee a portion, if any, of any license fees for the Software, on a pro rata basis. If terminated, the parties will be released from any further obligation under this Agreement, except for obligations that survive termination. 18. No Disabling Codes, Timers, Counters, or Other Limitations. Except for technology controls designed to monitor or enforce the terns of this Agreement, the Software shall not include or contain any disabling code, timer, clock, counter or other limiting design or routine which causes the Software to be erased, inoperable or otherwise incapable of being used in the full manner for which it was designed and licensed pursuant to this Agreement. 19. General Conditions. (a) Governing Law. This Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Georgia (United States of America) regardless of application of choice of law rules or principles. This Agreement expressly excludes the United Nations Convention on Contracts for the Intemational Sale of Goods. Unless otherwise elected by ESi at its option and in writing for a particular instance, the sole jurisdiction and venue for actions related to the subject matter hereof shall be the state or United States District Court having within its jurisdiction the location of ESi's principal place of business in Augusta, Georgia. Both parties consent to the jurisdiction of such courts and agree that process may be served in any manner allowed by the laws of the State of Georgia or of the United States. If Licensee acquires this License in a country other than the United States or its territories, local law may apply. The original language of this Agreement is English. In case of any discrepancies or conflicts between the English text version of this Agreement and any translation, the English version shall prevail. (b) Entire Agreement. This Agreement sets forth the entire understanding and agreement between Licensee and ESi and may be amended only in a writing signed by both parties. This Agreement supersedes any and all other Software license agreements, including without limitation, any License previously granted for any prior version of the Software. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of the Documentation or other licenses delivered with the Software, the terms and conditions of this Agreement shall govern and control. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, SALES PERSON, OR OTHER PERSON IS Rev. 01/13/2014 43 AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY, REPRESENTATION OR PROMISE WHICH IS DIFFERENT THAN, OR IN ADDITION TO, THE TERMS OF THIS AGREEMENT. (c) Waiver. No waiver of any right under this Agreement shall be effective unless in a writing, signed by a duly authorized representative of ESi. No waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under this Agreement. (d) Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be void or unenforceable for any reason, that provision shall be reformed to the extent necessary to make the language enforceable. All other provisions of this Agreement shall remain in full force and effect. 20. Export Controls. (a) Licensee acknowledges that the Software and Documentation are subject to United States export laws. Licensee shall not, nor shall Licensee authorize or permit its directors, employees, consultants, independent contractors or other persons, to export, re-export, disclose or otherwise provide the Software and/or Documentation to any country unless an appropriate license, exemption or authorization has been obtained from the U.S. Government. (b) Licensee expressly agrees that Licensee shall not export, re-export, barter, or otherwise provide or disclose the Software and Documentation, in whole or in part, to: (a) any country covered by any United States trade embargo; (b) any person listed on the United States Department of Treasury's list of Specially Designated Nationals; (3) any person or entity listed on the United States Department of Commerce Denied Persons List; (4) any person or entity listed on the United States Department of Commerce Unverified or Entity Lists; (5) any person or entity listed on the United States Department of State Debarred List; or (6) any person or entity where such export, re-export, barter, disclosure or provision violates United State export control law or regulation. Licensee represents and warrants that neither it nor its directors, employees, consultants, nor any other persons or entities who may gain access to the Software and Documentation through the Licensee, are persons or entities subject to such U.S. export controls. (c) Licensee agrees to defend, indemnify, and hold harmless ESi from and against any claim, loss, liability, damage or expense, including fines or legal fees incurred by ESi with respect to any of Licensee's export or re-export activities contrary to the foregoing instructions 21. U.S. Government Rights. (a) If Licensee is an agency, department, or other entity of the United States Government ("Government"), or funded by the United States Government, Licensee's use, duplication, reproduction, release, modification, disclosure or transfer of the Software, Documentation, technical specifications, or any related materials of any kind, including technical data, is restricted in accordance with Federal Acquisition Regulation ("FAR") 12.212 for civilian agencies, Defense Federal Acquisition Regulation Supplement ("DFARS") 227.7202 for military agencies and the equivalent regulations for the Department of Energy. The use of the Software and Documentation is further restricted in accordance with the terms of this Agreement, or any modification thereto. (b) The Software and Documentation are commercial computer software and commercial computer software documentation. Licensee shall ensure that each copy used or possessed by or for the Government is labeled with the following: "Manufacturer is ESi Acquisition, Inc., 823 Broad Street, Augusta, GA 30901. ALL RIGHTS RESERVED. PROPRIETARY PRODUCTS." For the purpose of any federal, Rev. 01/13/2014 44 state or local law, Licensee agrees that the Software and Documentation are trade secrets and proprietary commercial products of ESi and/or its third party licensors and are not subject to disclosure. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate originals by their d . authorized representatives as of the day and year set forth above. ESi Acquisition By: Name: Mike Wallace Title: CFO Date: April 7, 2015 APPROVED inistrator APPROVED A _) t 'j, i:�i` ✓ t .P 1. 5,• 4 f.. Rev. 01/13/2014 ("Licensee") By: Name: Wesley S. Davis Title: Chairman Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk 45 EXHIBIT A 1 Term The initial Term of this Agreement is three (3) years. 2. Licensed Software Licensee has licensed the following Software: Number of Licensed Machines Software 1 (hosted instance) WebEOC Professional v7.0 0 Training (internal use only) 0 Disaster Recovery Licensee also may install the Software to support "non -production" software development cycle activities: Number of Licensed Machines Purpose 0 Development/testing of Software Updates prior to placing in production (internal use only) 0 Training (internal use only) 0 Disaster Recovery 3. Authorized Number of Users Licensee may provide access to the following number of Administrators and Users: Administrators 3 Users 250 (inclusive of Administrators) 4. Surge Capacity Plan Surge Capacity Plan has been purchased for term: [ ] Yes [ X ] No 5. Emergency Response Program Client has enrolled in the Emergency Response Program: [ ] Yes [ X ] No Rev. 01/13/2014 46 EXHIBIT B Software Maintenance and Technical Support; Hosting Services 1. Definitions For the purposes of this Exhibit, the following words have the meaning set forth below: (a) "Application Service Provider" means an entity that maintains a shared hardware environment for the purpose of hosting and maintaining software and data on behalf of customers. (b) "Availability" means Software site availability, or the capability for the customer's website to access and deliver ".html" formatted pages successfully to any permitted end user through an interne connection exclusive of processes, hardware and software beyond the control of ESi. (c) "Hosted System" means the combination of hardware, software and networking components used by the Application Service Provider to deliver the Hosting Services. (d) "Hosting Services" means the installation and management of specified software applications by an Application Service Provider in a shared environment on behalf of a customer and exclusively for the benefit of permitted users of the Software. (e) All other defined terms in this Exhibit B shall have the same meaning set forth in Section 2 of the Agreement, except where otherwise stated in this Exhibit. 2. Scope of Services ESi shall provide the following services to address Licensee's software maintenance, technical support and Software hosting needs: (a) ESi, acting as an Application Service Provider, shall provide Hosting Services to Licensee according to the provisions set forth in the Agreement. ESi shall notify Licensee promptly upon creation of Hosting Services account and provide Licensee with all information required to access such account. ESi, at its sole discretion, may provide and maintain such Hosted System and/or deliver such Hosted Services internally or through a qualified subcontractor. (b) ESi shall provide and maintain the facilities, hardware, and networking components necessary to operate a high -availability, shared ASP Environment for the benefit of Licensee. (c) ESi shall perform, at its convenience and after notice to Licensee, scheduled updates of Software as new releases become available. Such updates shall be scheduled to enable the simultaneous update of Software licensed to Licensee and all other ESi-hosted customers. Scheduled updates to Software, except for Modules, shall include correction releases (i.e. patches provided to correct software anomalies), point releases (i.e. modifications to current generation of software including enhancement and improvements), and level releases (i.e. new releases or new generation of software). ESi also shall install updates and security patches for other software, including operating system software, installed on hardware used to deliver Hosting Services. For Modules, ESi shall provide Licensee any updates released by ESi to correct errors affecting the operation of the Module, whether such error is caused by the Module itself or by an error in the WebEOC software, and any updates required to maintain compatibility with the WebEOC software. ESi shall not provide for any enhancements to the Module. Rev. 01/13/2014 (d) ESi shall perform, as needed, emergency security updates to the Hosted System and Software to protect the ASP Environment from newly identified and widespread threats to the internet or internet- based services posed by worms, viruses and Trojans, or to address other vulnerabilities, with little or no notice to Licensee. Such updates shall be treated as scheduled outages and the outage period shall not be considered as service downtime in any performance assessment that may be conducted. (e) ESi shall provide and maintain a redundant ASP Environment at a location that is geographically separated from primary ASP Environment to ensure continuity of Software access and operation in the event of any unforeseen outage, disaster or other event that may interrupt service at the primary location. Failover to the redundant ASP Environment is a manual process and service will be activated by ESi immediately upon notification of malfunction, unavailability or failure of primary ASP Environment. (f) ESi shall notify Licensee in writing, via electronic mail or facsimile, of any planned service outages, i.e. for the purpose of performing Software updates or testing, or other inability to perform the services outlined in this Agreement. (g) ESi shall schedule, perform and maintain a duplicate ("backup") record of Licensee's data. ESi shall perform hourly SQL transaction log backup to disk, daily full backup to tape, and weekly full backup of data to a central data library. Data backups are limited to SQL database server files (i.e. those files having a .mdf or .ldf file extension). Data backups shall be retained on-site for one week and off-site for three additional weeks. (h) ESi shall provide Licensee with technical environmental support services. Such support services shall be available 24 hours per day, 7 days per week. Technical support services shall include assistance with problems related to ASP Environment, operating system and related software licensed by ESi on behalf of Licensee, data access, Hosted System access or similar problems. Technical support may be accessed by Licensee by calling the Technical Support Help Desk at (877) 771-0911 or paging the on-call technician at (888) 243-7204. International customers access Customer Support by calling (706) 823- 0911 or paging the on-call technician at (803) 240-0016. (i) ESi shall make routine software support available to Licensee by telephone, electronic mail and, when required, remote session support, Monday through Friday, during the regular business hours of 0830 to 1700 Eastern Standard Time (excluding holidays). Routine software support includes assistance with the use and configuration of the software; assistance with identification and resolution of errors or defects assistance with application and use of new releases; general support for Board Builder and boards built by client, ESi or an ESi-certified technician; and access to WebEOC best practices, community -use status boards, "help" resources and other content made available through www.webeoc.com, a "customer only" web forum. Software support may be accessed by Customer by calling the Technical Support Help Desk at (877) 771-0911 or by electronic mail at support@esi911.com. International customers access Customer Support by calling (706) 823-0911. (j) ESi shall use its best efforts to correct any and all verified, reproducible errors that materially affect the operation and performance of the Software. Licensee shall notify ESi of such errors in writing, via post, facsimile or electronic mail, and such written notice shall include a description of each claimed error and a statement of the conditions under which the claimed error occurred. ESi shall use the information provided by Licensee to verify the claimed error and once such error is verified, ESi shall work to correct the error or, if ESi determines that such error cannot be corrected within the current release version of the Software, to develop a "work around" for that error. In the event that an error is resolved through implementation of a "work around," ESi will use best efforts to correct or eliminate the error in the next release of the Software. Rev. 01/13/2014 48 (k) Services to be provided by ESi under this Agreement do not include assistance with third party products; training; installation of plug -ins, boards or modules; API support; or board building; or maintenance, repair or correction of errors, defects or other operational or performance defects caused by Software configuration, modification, enhancement or programming provided by any party other than ESi or an ESi-certified technician. Any professional services described in this Section 2(k), or services required to repair or correct the errors and defects described in this Section 2(k), shall be provided on a fee -for -services basis at rates consistent with the ESi published price list in effect at the time services are rendered. (1) Licensee may request performance of additional services by ESi. Such services shall be invoiced separately by ESi at the current published rate for labor and actual costs for materials and travel, if applicable. Rev. 01/13/2014 3. Licensee Obligations (a) The Licensee shall maintain, at Licensee's expense, a secure high speed internet connection through which to access its hosted Software. (b) The Licensee shall appoint a designated point of contact and two alternate points of contact for its interactions with ESi. Licensee shall provide ESi with the name, job title, physical address, telephone number, facsimile number and electronic mail address for each of the contact persons. Licensee shall keep such contact information up-to-date and promptly notify ESi, in writing via electronic mail, of any changes. (c) The Licensee shall use reasonable security precautions in connection with the use of services provided under this Agreement. (d) The Licensee is responsible for any and all use and access to the Hosted System and Hosting Services by its employees, agents, contractors and permitted users of the Software and Hosting Services. (e) The Licensee shall make best efforts to notify ESi in writing, via electronic mail or facsimile, of any planned non -emergency use of its Software, such as the occurrence of training sessions, drills and exercises, to aid ESi with the planning of any scheduled outages. (f) The Licensee shall promptly notify ESi Customer Support of any identified Hosting Services outage that impairs Customer access to its Software so that ESi may manually activate the redundant ASP Environment and immediately commence work to restore service to the primary ASP Environment. 4. Service Level Assurances; Service Warranty (a) All support calls received from Licensee shall be logged and tracked in the ESi customer support system as a "Customer Support Ticket." Each Customer Support Ticket shall include an initial assessment of the Severity Level of the request for support: Severity Level Definition ASP 1 Hosting Services are not accessible to Licensee via a public internet connection. ASP 2 Hosting Services are accessible, but performance is reduced or impaired. Software, Severity 1 Any and all errors which, individually or collectively with other errors, prevent Licensee or permitted users of Licensee from performing useful work or are deemed by Licensee or any of its permitted users to be fatal to the operation of the Software. Software, Severity 2 Any and all errors which, individually or collectively with other errors, disable major functions of the Software from being performed and are deemed by Licensee or any of its permitted users to have a severe impact on the operation of the Software. Rev. 01/13/2014 Software, Severity 3 Any and all errors which, individually or collectively with other errors, disable only certain non-essential functions of the Resolution Software and are deemed by Licensee or any of its users to have degraded operation of the Software. Software, Severity 4 All other errors not appropriately classified as Severity 1, Severity 2 or Severity 3 and are deemed by Licensee or its permitted user as having a limited impact on the operation of the Software. (b) ESi shall make all commercially reasonable efforts to resolve Customer Support Tickets in accordance with the following schedule: Rev. 01/13/2014 51 Acknowledgement of Customer Support Ticket Resolution ASP1 Within 30 minutes Failover to redundant ASP environment and/or correction of error as soon as possible. ASP2 Within 2 hours Failover to redundant ASP environment and/or correction of error as soon possible. Software, Severity 1 Within 1 hour Delivery by ESi of a patch, workaround or temporary fix and revised documentation to Licensee within 1 business day;and Delivery by ESi of the object code fix or other permanent fix and revised documentation to Licensee within 10 business days. Software, Severity 2 Within 4 hours Delivery by ESi of a patch, workaround or temporary fix and revised documentation to Licensee within 3 business days; and Delivery by ESi of the object code fix or other permanent fix and revised documentation to Licensee within 20 business days. Software, Severity 3 Within 1 business day Delivery by ESi of a patch, workaround or temporary fix and revised documentation to Licensee within 10 business days; and Delivery by ESi of the object code fix Rev. 01/13/2014 51 (c) ESi represents and warrants that service availability of the ASP Environment will meet a "high availability" measure of 99.9 % system "up time," excluding scheduled outages. If ESi fails to meet this availability criteria within any month, upon Licensee request, ESi shall extend the term of this Agreement for one day for each day, or portion thereof, the ASP Environment is verified by Licensee and ESi to be unavailable in that month, up to a maximum of 30 days at no additional charge. (d) ESi shall only be responsible for performance of components of the Hosted System and Services under its control. ESi shall not be responsible for performance deficiencies caused by processes, hardware and software beyond its control including, but not limited to, information transmission delays due to excessive internet traffic, internet outages, or failure of Licensee to perform its obligations under this Agreement. (e) The warranties set forth in this Section shall be void if any breach of this warranty or failure of the hosting environment or Software is caused by unauthorized use, improper use or modification to Software made by Licensee or its authorized users. 5. Limitations on Use of Services (a) Access to the Hosted System may not be rented, leased, sold, sub -leased, assigned or otherwise transferred for value by Licensee to any third party. (b) Hosted System and Hosting Services are provided to support the Software which is an information management tool. Hosting Services are not guaranteed to be fault-tolerant or to provide fail- safe performance. Hosting Services are not appropriate for use in ultra -hazardous environments where failure of the Hosted System or ASP Environment may lead to bodily injury, death or destruction of property. (c) Installation of software applications in ASP Environment is limited to software licensed to Licensee by ESi and software supplied by ESi either as a component of the Hosted System or to support delivery of Hosting Services. (d) The Licensee shall not conduct any load testing, performance testing or any other test of the Hosted System which may degrade performance or limit or adversely impact availability of the ASP Environment for other customers. Rev. 01/13/2014 52 or other permanent fix and revised documentation to Licensee within 45 business days. Software, Severity 4 Within 5 business days Delivery by ESi of a patch, workaround or temporary fix and revised documentation to Licensee within 30 business days; and Delivery by ESi of the object code fix or other permanent fix and revised documentation to Licensee as appropriate. (c) ESi represents and warrants that service availability of the ASP Environment will meet a "high availability" measure of 99.9 % system "up time," excluding scheduled outages. If ESi fails to meet this availability criteria within any month, upon Licensee request, ESi shall extend the term of this Agreement for one day for each day, or portion thereof, the ASP Environment is verified by Licensee and ESi to be unavailable in that month, up to a maximum of 30 days at no additional charge. (d) ESi shall only be responsible for performance of components of the Hosted System and Services under its control. ESi shall not be responsible for performance deficiencies caused by processes, hardware and software beyond its control including, but not limited to, information transmission delays due to excessive internet traffic, internet outages, or failure of Licensee to perform its obligations under this Agreement. (e) The warranties set forth in this Section shall be void if any breach of this warranty or failure of the hosting environment or Software is caused by unauthorized use, improper use or modification to Software made by Licensee or its authorized users. 5. Limitations on Use of Services (a) Access to the Hosted System may not be rented, leased, sold, sub -leased, assigned or otherwise transferred for value by Licensee to any third party. (b) Hosted System and Hosting Services are provided to support the Software which is an information management tool. Hosting Services are not guaranteed to be fault-tolerant or to provide fail- safe performance. Hosting Services are not appropriate for use in ultra -hazardous environments where failure of the Hosted System or ASP Environment may lead to bodily injury, death or destruction of property. (c) Installation of software applications in ASP Environment is limited to software licensed to Licensee by ESi and software supplied by ESi either as a component of the Hosted System or to support delivery of Hosting Services. (d) The Licensee shall not conduct any load testing, performance testing or any other test of the Hosted System which may degrade performance or limit or adversely impact availability of the ASP Environment for other customers. Rev. 01/13/2014 52 6. Information Security and Business Continuity (a) ESi shall perform all services hereunder consistent with its ASP Infonnation Security Program ("Security Program"). Such Security Program shall set forth, at a minimum, ESi policies and procedures with respect to data classification and management, data and system back-ups, account and password management, physical security and access, network configuration and access, change management, media management and destruction, security training and awareness, and continuity of ASP Environment operations. (b) Any sub -contractors used to deliver, or support delivery of the Hosting Services shall maintain an information security and business continuity program which is supportive of the Security Program. (c) A copy of the Security Program is available, upon request and after execution of the ESi Non - Disclosure Agreement. (d) Hosting Services are provided in a shared environment. Customization of information security, data management and/or business continuity practices to meet Licensee -specific needs is not supported. Rev. 01/13/2014 53 EXHIBIT C Payment Schedule Description Amount Initial purchase, services, and year 1 software support / maintenance $54,500.00 Year 2 software support / maintenance $26,265.00 Year 3 software support / maintenance $27,052.95 This project will be intitiated upon execution of the End User License Agreement. Software support fees are prepaid annually. All invoices are payable NET30. Rev. 01/13/2014 54 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM (O\'I .AI PH TO: Joseph A. Baird, County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AIC Community Dev to ' ent Director FROM: Sasan Rohani, AICP Chief, Long -Range Planning DATE: April 9, 2015 SUBJECT: CONSIDERATION OF REVISED INDIAN RIVER COUNTY LOCAL HOUSING ASSISTANCE PLAN FOR FISCAL YEARS 2015-2016 THROUGH 2017-2018 AND RESOLUTION APPROVING THE REVISED PLAN It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 21, 2015. DESCRIPTION AND CONDITIONS • 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 (FHFC). Accordingly, the County's plan was revised in 1994, 1997, 2000, 2003, 2006, 2009, and 2012. Each of those plans was approved by the FHFC. The current plan, approved in 2012, authors disbursement of SHIP funds until June 30, 2015. 1 On December 9, 2014, the Board of County Commissioners approved the county's new plan for FY 2015-16, FY 2016-2017, and FY 2017-2018. That plan was submitted to the FHFC for its review. , Based on its review, the FHFC has recommended minor changes to the plan and adoption of a revised resolution to follow the FHFC's current resolution template. In accordance with FHFC's recommendations, staff has prepared a revised 3 year plan and a revised resolution for the Board's consideration. ANALYSIS 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. 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 requested by the FHHC. Those changes involve making the county's plan smaller by eliminating flow charts, using recently published purchase price amounts, eliminating sections that FHFC now considers redundant and not needed, and clarifying some wording. The revised 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 revised plan, the County will continue its affordable housing incentives and utilize ten percent (10%) of the state SHIP allocation for administration of the SHIP Program. As drafted, the revised 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. FUNDING All SHIP loans are funded from state SHIP allocations and program income. Therefore, no local funds are involved. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the revised Indian River County Local Housing Assistance Plan for FY 2015-2016, FY 2016-2017, and FY 2017-2018 by adopting the attached revised resolution and authorizing the Chairman to sign the attached resolution and the attached certification page. 2 ATTACHMENTS 1. SHIP Program Funds and Applicant Income Information Summary 2. Resolution approving the revised plan 3. Copy of the plan's certification page 4. Revised 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. i0-41 Yi/c //.� Legal t r %4 1J .1_ t'i . I S Budget I ''L 4i Dept. gii3 .5- Risk Mgr. F:\Community Development\SHIP\LHAP\2015-2018 LHAP\BCC-4-21-15-LHAPIan 2015-18 (2).doc 3 Number and % of Loans Approved by Income Category by FY e 00000000 M N 0 O) 0 0 N 0 O 0 N 0 O) 6 0 n co h r- 0V (0 N CD .- 16.22% 000 0) N N N O) 0 �0 25.93% 15.22% 1 33.33% 1 Oo O v? ,_ O O O 28.89% I 0'00= O) N V V M M 0 0 N V) O O 0 N • m 7_ A 0 V r0 I. V N 12 0 0 N I 14 10 0 I 13 0 M,- e- e 41.4b% I 48.65% ljlj 43.33% V M 0 (0 0 0 M n V 55.38% 57.81% 0 (0 0 (0 V 0 0 M V 48.57% I 42.86% 33.33% 33.33% 0 0 0) 0 M 0 0 N. n M 43.75% 0 00 CO ri V 0 0 V) vi CO 0 M V V 0 N O (0 N 0e r0 0 V 00 CO M IMENI 0 O O 0 V) 44.24% J r CO M M M 00 M N el V rl en N 00 n n 21 N 0 N h (O 000.1 0 0 4- CO r V 0 N M M 36.67% 32.76% 45.95% 33.85% 0 V 0) CO M 42.22% 0 Cr, 0 M 0 a cr r- M 47.62% 48.48% 40.74% 47.83% 28.89% 43.75% 0 (0 () V) 35.56% 54.29% 61.54% 50.00% 0 6 (D I 25.00% MN0 r M N N 0 r 27 26 V M N N M0 r I 21 M I 16 38 00 N> t` V Number of Loans Approved by FY a M 0 00 A (00 100 a A 00 CVO 100 'V0 ti? V V 0opp V 100 V Or N N 0) V 1137 Total Budget $ 249,508.35 $ 249,261.66 $ 250,159.42 $ 580,473.57 CO 0 CO 0) 10 (0 cos- $ 670,813.231 1$ 981,685.85 00 N O - CO cos $ 1,296,028.68 $ 1,145,736.88 $ 1,459,782.47 $ 1,375,580.66 0) CO 00 O 1,-.. N S 1,705,745.631 I$ 1,779,136.15 0 /0 0 0 O M (0 ..- co $ 1,516,877.25 $ 859,094.98 $ 1,142,851.70 $ 548,557.93 $ 283,316.34 $ 508,571.03 $ 753,635.72 1 $ 22,165,821.99 Funds Transferred to Next FY V) CO (O 0) 0) 0) N V N 69 V) $ 1,070.57 $ 728.95 $ 763.92 I N V) N 0) CO N 69 0 CO N N N 0 69 1 $ 2,330.62 V N 00 0 (O 69 0) r (O N r` .- 69 CO V CO (0 69 0) 0 V) V) 0 0) 69 V) 0) r (O 0 69 r 0) M t` V) N- 69 M CO V ( ) N M 69 CO M M 0 t` 69 1 $ 840.61 1 N N V) r. r) N r) V V) 0 V N 69 69 $ 4,149.86 $ 4,448.861 69 $ 51,158.43 Fund Transferred From Previous FY $ 491.65 $ 1,229.99 $ 1,070.57 $ 728.95 1 $ 763.92 1 $ 2,895.52 0 M N N N 0 69 N (O O CO M N 69 0 V N CO 0 69 0) n (O N r 0 69 $ 584.91 1 0) O V) V) O Cr; 69 $ 667.95 1 $ 1,573.97 1 MN 0 V V) N r) 69 1 $ 763.39 (O V) O M V CO CO V) V 19 N (0 V) n CO CO N 0) 00 V 00 V 0 V N V.0 69 69 69 69 M a 00 til N M SHIP Re -payments and other Program Incomes 00)) CO (V)+) 4 69 $ 29,887.061 $ 50,489.83 $ 76,289.63 $ 62,361.43 $ 94,288.47 $ 117,946.26 $ 263,472.59 $ 429,002.84 $ 780,843.50 $ 776,332.65 $ 571,296.01 N (O 0 CO M 19 1 $ 137,282.47 $ 512,787.89 $ 1,140,960.90 $ 200,065.07 $ 227,996.34 $ 154,122.17 N r� 00) V� 6 M 0) 69 0) 0) < 0) 01 (O N Amount of SHIP Allocations (State funding only) $ 250,000.00 $ 250,000.00 $ 250,000.00 • 565.773.00 0 0 (O M 0 ) 69 $ 622,455.00 $ 903,723.00 $ 749,773.00 $ 1,205,592.00 $ 1,023,335.00 $ 1,195,168.00 $ 955,048.00 $ 916,659.00 $ 930,319.00 $ 1,209,521.00 $ 1,238,998.00 1$ 1,379,672.00 $ 350,000.00 $ 350,000.00 $ 55,619.00 $ 350,000.00 0 O 0 0 0 (0 CO FOTAL 1$ 16,043,877.00 • 5 M V N (0 m00000) N M 01 0) 0) 0) 0) 0) 0) 0101 0) n (O 0) 0) 00 0) 0 N M V 0 0 n 00 099999999 n 00 N O N M V 0 (0 Cr, CO 00000000 0) Cr, 0) N N N N N N NN 0) 9 00 0 N 0.- O O 0 N 00 N M V N M N N NN0)N (0 V 00 ATTACHNIPIT 1 RESOLUTION #: 2015 - 2015 Exhibit E 67-37.005(1), F.A.C. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY FLORIDA APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES;AND RULE CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE; AUTHORIZING AND DIRECTING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92-317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, ss. 420.907-420.9079, Florida Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, requires local governments to develop a one- to three-year Local Housing Assistance Plan outlining how funds will be used; and WHEREAS, the SHIP Act requires local governments to establish the maximum SHIP funds allowable for each strategy as shown in the attached Local Housing Assistance Plan; and WHEREAS, the SHIP Act further requires local governments to establish an average area purchase price for new and existing housing benefiting from awards made pursuant to the Act; The methodology and purchase prices used are defined in the attached Local Housing Assistance Plan; and WHEREAS, as required by section 420.9075, F.S. It is found that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5% of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs. r," ..(H-!RfFMT, 2015 Exhibit E 67-37.005(1), F.A.C. RESOLUTION #: 2015 - WHEREAS, the Indian River County Community Development Department has prepared a three- year Local Housing Assistance Plan for submission to the Florida Housing Finance Corporation; and WHEREAS, the Board of County Commissioners made a determination that it is in the best interest of the Indian River County citizens to submit the Local Housing Assistance Plan for review and approval so as to qualify for said documentary stamp tax funds; and WHEREAS, this resolution replaces and supersedes resolution #2014-115, that was approved by the Board on December 9, 2014. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: Section 1: The Board of County Commissioners of Indian River County hereby approve the Local Housing Assistance Plan, as attached and incorporated hereto for submission to the Florida Housing Finance Corporation as required by ss. 420.907-420-9079, Florida Statutes, for fiscal years 2015-2016, 2016-2017, 2017-2018. Section 2: The Community Development Director, is hereby designated and authorized to execute any documents and certifications required by the Florida Housing Finance Corporation as related to the Local Housing Assistance Plan, and to do all things necessary and proper to carry out the term and conditions of said program. Section 3: This resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by Commissioner , and seconded by Commissioner , and being put to a vote, the vote was as follows: ATrACHME N r RESOLUTION #: 2015 - Chairman, Wesley S. Davis Vice Chairman, Bob Solari Commissioner, Peter D. O'Bryan Commissioner, Tim Zorc Commissioner Joseph E. Flescher 2015 Exhibit E 67-37.005(1), F.A.C. The Chairman thereupon declared the resolution duly passed and adopted this 21st day of April, 2015. 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 SUFFICIENCY BY: ,r Dylan Reingold County Attorney F:\Community Development\SHIP\LHAP\2015-2018 LHAP\Resolution -2015 New Format.docx 3 2015 Exhibit D 67-37.005(1), F.A.C. Effective Date: 10/14 CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Local Government: Indian River County (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 insure 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 awards. (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 insure conformance with the Local Housing Assistance Plan. (9) Amendments to the approved Local Housing Assistance Plan shall be provided to the Corporation with in 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 such as interest earned on loans. (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 as soon as available. 1 ATTA( HMFNT 3 2015 Exhibit D 67-37.005(1), F.A.C. Effective Date: 10/14 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 as soon as possible. (14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies. (15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program 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 or X has not been implemented. (note: Miami Dade County will check "has") Witness Chief Elected Official or designee Wesley S. Davis, Chairman Witness Board of County Commissioners Date OR Attest: (Seal) 2 hF'F't O<J a5 TD =.t A,:41(.41. lr _ :' E L:: 4: i'., 63 Copy of the plan is on file in the Board of County Commissioners office Attachment # 4 F:\Community Development\SHIP\LHAP\2015-2018 LHAP\BCC-4-21-15-LHAPIan 2015-18 (2).doc INDIAN RIVER COUNTY LOCAL HOUSING ASSISTANCE PLAN (LHAP) STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM GUIDELINES, PROCEDURES, AND STRATEGIES FY 2015-2016 FY 2016-2017 FY 2017-2018 Adopted by BCC: December 9, 2014 .� Approved by FHFC: Equal Housing Opportunity Effective: July 1, 2015 1 L. r uIergClICy I%C114U1111d11U11 LA/i1113 (I.VUG KU) 2 Al -14 Q Cc INTRODUCTION PURPOSE AND INTENT I. TABLE OF CONTENTS Page 4 PROGRAM DESCRIPTION 4 A. Indian River County, Florida 4 B. Purpose of the Program 4 C. Fiscal Years Covered by the Plan 4 D. Governance 4 E. Local Housing Partnership 4 F. Leveraging 5 G. Public Input 5 H. Advertising and Outreach 5 I. Discrimination 5 J. Support Services and Counseling 5 K. Purchase Price Limits 5 L. Income Limits, Rent Limits and Affordability 6 M. Welfare Transition Program 6 N. Monitoring and First Right of Refusal 6 O. Administrative Budget 6 P. Program Administration and Implementation Activities 7 Q. Essential Service Personnel 11 R. Special Need Households 11 S. Green Building 13 LOCAL HOUSING ASSISTANCE PROGRAM STATEGIES 11 A. Impact Fee/Capacity Charges Loans (Code #8) 12 Impact Fee Loan Summary Page 14 B. Purchase Assistance Loans (Code #1 & #2) 15 Purchase Assistance Loans Summary Page 19 Purchase Assistance Loan Process Flow Chart 20 C. Emergency Rehabilitation Loans (Code #6) 21 2 Emergency Rehabilitation Loan Summary Page 24 D. Rehabilitation Loans (Code #3) 25 Rehabilitation Loan Summary Page 29 Major Rehabilitation Loan Flow Chart 30 Minor Rehabilitation Loan Flow Chart 32 Strategies continued next page: E. Disaster Mitigation Repair Loans (Code #5) 33 Disaster Mitigation Repair Loan Summary Page 36 F. Low Income Housing Tax Credit (LIHTC) Program Matching Grants (Code #21) 37 LHAP INCENTIVE STRATEGIES 38 A. Expedited Permitting 39 B. Density Bonus 39 C. Small Lot Subdivision 43 D. Accessory Single -Family Dwelling Units 46 E. Multi -Family Dwelling Units in Conjunction with 47 Commercial Development F. Housing Cost Impact Review Process 48 G. Surplus County Owned Land Inventory and Disposition 48 H. Zero Lot Line Subdivisions 48 I. Establishing/Utilizing SHIP Program 49 3 Gy 3 EXHIBITS 52 A. Administrative Budget 53 B. Timeline for Encumbrance and Expenditure 55 C. Housing Delivery Goals Chart 56 D. Certification Page 59 E. Adoption Resolution 61 F. Program Information Sheet 63 G. Ordinance (if changed from the original) 64 H. Interlocal Agreement (if applicable) 64 I. Assets, Inclusions and Exclusions 65 J. Income Inclusions and Exclusions 66 K. Definitions 67 L. Existing Florida Building Code Classification Work 69 4 INTRODUCTION Purpose and Intent This document, titled Indian River County Local Housing Assistance Plan, outlines and provides the general guidelines, operating procedures and assistance strategies of the Indian River County Local Housing Assistance Program as established by the Indian River County Board of County Commissioners via Ordinance 93-13; pursuant to the requirements of the State of Florida State Housing Initiatives Partnership (SHIP) Program statute 420.907-420.9079 and Rule Chapter 67-37, Florida Administrative Code (FAC). The purpose and intent of the Indian River County Local Housing Assistance Plan is to provide guidelines, operating procedures and assistance strategies to be utilized by the Indian River County Local Housing Assistance Program in order to encourage the provision and rehabilitation of decent, affordable housing for the residents of Indian River County. • PROGRAM DESCRIPTION Chapter 67-37.005 F.A.C. and Section 420.9072, F.S. A. INDIAN RIVER COUNTY, FLORIDA Section 420.9072(5), F.S. Interlocal: Yes No X Name of participating local government(s) in the Interlocal Agreement; This plan is a countywide plan. Consequently, participants may reside in the unincorporated county or within any municipality in the county (City of Fellsmere, City of Sebastian, City of Vero Beach, Town of Indian River Shores, and Town of Orchid). B. Purpose of the program: Section 420.9072, F.S. and Chapter 67-37.005(3), F.A.C. The purpose of the program is to meet the housing needs of extremely low, very low, low, and moderate -income households, to expand production of affordable housing, to preserve the existing affordable housing stock, and to further the housing element of the Indian River County Comprehensive Plan specific to affordable housing. C. Fiscal years covered by the Plan: Chapter 67-37, F.A.C. X 2015-2016 X 2016-2017 X 2017-2018 D. Governance: Chapter 67-37.005(3), F.A.C. and Section 420.9071(14), F.S. The SHIP Program has been established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37.007, Florida Administrative Code. The SHIP Program furthers the housing element of the Indian River County Comprehensive Plan. E. Local Housing Partnership: Section 420.9072, F.S. The SHIP Program builds active partnerships between government, lenders, builders and 5 Sys developers, real estate professionals, advocates for low-income persons, and community groups. F. Leveraging: Chapter 67-37.007(1)(b)(c), F.A.C. and Section 420.9075(1)(a) and (1)(b3, and (1)(c),F.S. Assistance Strategies of the Plan are intended to increase the availability of affordable residential units by combining local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. The most effective strategy for leveraging SHIP funds is downpayment/closing cost strategy. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs and to provide the local match to obtain federal housing grants or programs. G. Public Input: Chapter 67-37.005(3), F.A.C. Public input in developing or amending the Local Housing Assistance Plan is solicited in a variety of ways. One way is through coordination with existing committees, including the Indian River County Affordable Housing Advisory Committee, and the Indian River County Affordable Housing Partnership committee, a group which includes housing providers, social service providers, local lenders, neighborhood associations and county staff. Public input is also solicited through advertisements placed in the local newspaper. These advertisements announce Notices of Funding Availability as well as other information. Any plan changes are reviewed by the Board of County Commissioners at meetings which are noticed and open to the public. Copies of the plan are provided to municipalities and interested individuals for review and comment. Copy of the plan is also provided on the county's website. H. Advertising and Outreach: Chapter 67-37.005(6) (a), F.A.C. The county shall advertise the notice of funding availability in the Press Journal, the local newspaper of general circulation and on the county website, at least 30 days before the beginning of the application period. If no funding is available due to a waiting list, no notice of funding availability is required. I. Anti -Discrimination Policy: Section 420.9075(3)(c), F.S. The county hereby acknowledges that, in accordance with the provisions of ss.760.20- 760.37, it is unlawful to discriminate on the basis of race, creed, religion, color, age, sex, marital status, familial status, national origin, or handicap in the award application process for eligible housing. J. Support Services and Counseling: Chapter 67-37.005(5)(g),F.A.0 Support services are available from various sources. Available support services may include but are not limited to: Homebuyer's educational workshops, Homeownership Counseling (Pre and Post), Credit Counseling, and other support services provided by the county, by the Senior Resource Association, by the Community Coach, Habitat for Humanity, and other social service agencies. 6 K. Purchase Price Limits: Section 420.9075(4)(c), F.S. and — Chapter 67-37.007(6)F.A.0 The sales price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be calculated for any 12 -month period beginning no earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units may not exceed 90% of the average area purchase price established by the U.S. Treasury Department or as described above. The methodology used is: Independent Study (copy attached) X U.S. Treasury Department Local HFA Numbers The purchase price limit for new and existing homes is shown on the Housing Delivery Goals Charts L. Income Limits, Rent Limits and Affordability: Chapter 67-37.005(5)(e), F.A.C. and Section 420.9071(2), F.S. The Income and Rent Limits used in the SHIP Program are updated annually by the U.S. Department of Housing and Urban Development and distributed by Florida Housing Finance Corporation. Affordable means that monthly rent or mortgage payments, including taxes and insurance do not exceed 30 percent of a household's gross income as indicated in Sections 420.9071 (19), (20) and (28), F.S. It is, however, not the intent of this plan to limit an individual household's ability to devote more than 30% of its income for housing. Consequently, housing for which a household devotes more than 30% of its income shall be deemed affordable if the institutional lender providing the first mortgage is satisfied that the household can afford mortgage payments in excess of the 30% benchmark. In the case of rental housing, the amount of rent shall not exceed the rental limits adjusted for bedroom size as published in rent schedule by Florida Housing Finance Corporation. M. Welfare Transition Program: Chapter 67-37.002(22),F.A.C. The county shall give priority to clients from the Welfare Transition and Workforce Development Initiatives programs in the selection process. N. Monitoring and First Right of Refusal: Section 420.9075(3)(e)and(4)(/),F.S. In the case of rental housing, the county SHIP staff or the entity that has administrative authority for implementing the local housing assistance plan assisting rental developments shall annually monitor and determine tenant eligibility or, to the extent that another governmental entity provides the same monitoring and determination, the SHIP staff may rely on such monitoring and determination of tenant eligibility. Any loan in the original amount of $3,000 or less shall not be subject to annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored annually for at least 15 years or the term of assistance whichever is longer, unless as specified above. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining 7 mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. O. Administrative Budget: Chapter 67-37.005(6)03, F.A.C. A detailed Administrative Budget, including a line -item budget of proposed Administrative Expenditures, is attached as Exhibit A. These are presented on an annual basis for each state fiscal year submitted. Indian River County commits to using the funds deposited in the local housing assistance trust fund to administer and implement the local housing assistance plan. In accordance with Chapter 67-37, Florida Administrative Code, the cost of administering the plan does not exceed 10 percent of the local housing distribution funds and 5 percent of program income deposited into the trust fund. The cost of administering Indian River County's program may not exceed 10 percent of the local housing distribution plus 5 percent of program income deposited into the trust fund. The county has adopted the above findings in the attached resolution, Exhibit E. P. Program Administration and Implementation Activities: 1. Application Periods: Applications for participation in the IRCLHAProgram will be accepted per timeframes indicated in annual advertisement. Advertisements and notices to promote the IRCLHAProgram shall include application information for the IRCLHAProgram, and production of the advertisements and notices shall constitute a part of the administrative application preparation and review processing activities. Funds from the IRCLHATF shall be allocated for encumbrance on a first application complete, first application served basis as applicants are approved and qualified for participation in the program. Furthermore, the encumbrance of funds in a manner, which would not comply, with the requirements of the IRCLHAProgram and the IRCLHAPIan is not permitted. 2. Application Processing Applications submitted by eligible persons for participation in the IRCLHAProgram shall be reviewed by staff members of the SHIP Office or separate third party under contract to conduct application reviews for the IRCLHAProgram. A maximum of one hundred eighty (180) working days may be utilized for review of any submitted application; however, reviews may exceed this period pending the receipt of information or documentation required to complete the evaluation of the application and available funding. Applications will be approved based on first application completed, first application reviewed by the county loan review committee. a. Following is a general application process for loans. At the application acceptance period, each applicant receives an application number, which is given to him by the IRCLHAProgram staff in consecutive order. At the end of the application acceptance period, staff will conduct application reviews based on the first application submitted first application to be reviewed. For incomplete applications, staff will send the applicant a letter letting him or her know what is needed to complete the application. For complete applications, staff will verify the household's income and assets and then send an eligibility (commitment) letter to the applicant, indicating the household's information and informing the applicant that a specific amount of the funds is reserved for him for 90 days. The eligibility letter identifies what is needed for an application to be ready for Loan Review Committee review. The Loan Review Committee consists of three members: the Indian River County Community Development Director or his designee, a financial institution representative or his or her alternates, a member of the Indian River County Board of County Commissioners or his or her designee, who shall serve as chairman of the Loan Review Committee. The completed applications will then be submitted to IRCLHAProgram Loan Review Committee (LRC) based on first application completed, first application submitted. After Loan Review Committee approval, staff will send a Loan Review Committee approval letter to the applicant and notify him that the loan/grant must be closed within 90 days. The Loan Review Committee approval letter specifies steps and documents needed prior to scheduling a loan closing. Mortgage document and promissory notes are then prepared, and a closing is scheduled. At the closing, the applicant signs all appropriate documents and then funds are expended as needed. b. Additional general application process for rehabilitation loans. Based on the work write-up, staff will solicit bids from contractors who have been prequalified to do SHIP work. The applicant may also invite any licensed contractors to attend the walkthrough and submit bids to the county based on the work write-up. Once bids are submitted, the LHAP inspector reviews them to ensure that they are consistent with the work write-up. Where the proposed rehabilitation project is minimal or involves specific activity such as replacement of a septic tank, there will be no work write-up. In such cases the applicant must contact licensed contractors, obtain at least two comparable bids for the exact same job and then submit the bids to the county. The applicant must then choose one of the bids. Completed applications are then submitted to the IRCLHAProgram Loan Review Committee (LRC) based on first application completed, first application submitted. 9 6'S' 9 After the recorded documents are returned from the county courthouse, staff sends a notice to proceed to the contractor. The contractor then pulls building permits and completes the work. The appropriate jurisdiction's building department inspector inspects the completed work, and the contractor sends the final bill to the county. For loans that are paid back and for loans that terminate after affordability timeframe, staff will prepare and record a Satisfaction of Mortgage. 3. Applicant Criteria Eligible persons or sponsors applying for participation in the IRCLHAProgram shall comply with the following requirements: a. Income Level All households shall be classified as very low, low, or moderate income households. Household income includes gross annual income of every member of the household 18 years and older. Income inclusion and exclusions will be based on guidelines provided by the Florida Housing Finance Corporation b. Employment Verification Applicants seeking assistance from the IRCLHAProgram to purchase eligible housing units shall be eligible persons meeting one of the following employment criteria: i. Suitable documentation indicating current, continuous employment for a minimum of one (1) year; or ii. Suitable documentation indicating current employment (within twelve (12) months of an application submittal) as a seasonal farm worker, with a minimum of two (2) consecutive years as a seasonal farm worker, whereby the first period of seasonal employment shall have been for the full duration of the season, and the second period shall have been for a minimum of one-half (1/2) of the current season, if the eligible person(s) may be classified as a seasonal farm worker(s); or iii. An eligible elderly, disabled, or person(s) classified, as a person(s) with special housing needs, excluding seasonal or migrant farm workers, shall be exempt from any employment requirement for participation in the IRCLHAProgram. c. Asset Verification Total assets (cash or non-cash items that can be converted to cash) not including IRA, Keogh and similar retirement savings accounts of eligible persons applying to purchase a housing unit under, or occupy a housing unit assisted by, the IRCLHAProgram shall not exceed twenty thousand dollars ($20,000.00). 10 Assets to be considered will be determined based on guidelines provided by the Florida Housing Finance Corporation (a copy attached as exhibit G). d. Credit Verification 1. Credit Requirement for Purchase Assistance Loans For applicants applying for both SHIP funds and a loan from a financial institution, the applicable financial institution shall determine whether each applicant's credit is satisfactory based upon the applicable financial institution's credit standards. 2. Credit Requirement for Rehabilitation and Impact Fee Loans Applicants for rehabilitation and impact fee loans will be deemed to have satisfactory credit if the applicable credit report shows that there is no active charge off, lien, or judgment against the applicant or applicant's property. For rehabilitation loans to very low and low income households using SHIP funds as match for CDBG funds, Residential Construction Mitigation Program (RCMP) funds, or other state and federal rehabilitation funding, no credit requirements shall apply. e. First -Time Homebuyer Status A first-time homebuyer is an individual who meets any of the following criteria: • An individual who has had no ownership in a principal residence during the 3 - year period ending on the date of purchase of the property. This include a spouse (if either meets the above test, they are considered first-time homebuyers). • A single parent who has only owned with a former spouse while married. • An individual who is a displaced homemaker and has only owned with a spouse. • An individual who has only owned a principal residence no permanently affixed to a permanent foundation in accordance with applicable regulations. • An individual who has only owned a property that was not in compliance with state, local or model building codes and which cannot be brought into compliance for less than the cost of constructing a permanent structure. f. Home Inspection For applicants applying for both SHIP funds and a loan from a financial institution, 11 Commented tRD1]:. Not the same as definitions under other programs. the applicable financial institution shall -determine what type of home inspection is needed. The financial institution shall arrange for the inspections through their established procedures and shall be responsible for all approval contingencies. For Purchase Assistance loans, the following inspections for all existing housing units five years or older is required: i. Termite Inspection ii. Roof iii. Plumbing system iv. Electrical system v. Heating and air conditioning system All county required inspections must be performed by public service licensed inspectors; registered or certified residential, building, or general contractors; or licensed trade contractors as appropriate. Home inspection reports requested by the county shall be reviewed by the county's building officials to determine the condition of the home. Based on the results of the home inspection review by the bank or the county, one of the following three actions will be taken: If the home is in good condition, the down payment/closing cost loan application will be submitted to the loan review committee for approval; ii. If the home needs some rehabilitation work and if the applicant is eligible to receive a combination down payment/closing cost and rehabilitation loan, a combined down payment/ closing cost and rehabilitation application will be submitted to the loan review committee for approval; or iii. If the home is in excessive disrepair and cannot be fixed, the loan application will not be approved. Home inspection charges are considered to be eligible closing cost expenses and payable through SHIP funds. In cases where the county requests a home inspection, but due to the condition of the home a down payment/closing cost loan cannot be approved, the cost of the home inspection will be paid through the administration portion of SHIP funds. 4. Application Review Applications shall be reviewed by SHIP program staff or the third party entity identified by contract to conduct application review activities for compliance with the criteria listed in the previous section. Those applications not satisfying the review criteria shall be classified as disqualified. Applications satisfying the review criteria shall be submitted to the IRCLHAProgram Loan Review Committee (IRCLHAPRC) for final review and approval of the application. a. Disqualified applicants shall be informed of the areas causing denial of the 12 / submitted application and be encouraged to correct the reasons for denial if possible and then reapply. b. Applicants approved for participation in the IRCLHAProgram shall be issued a Notice of Commitment (eligibility letter) indicating that the applicant has qualified for participation in the IRCLHAProgram; this notice shall also indicate the award type and the amount of the award. The Notice of Commitment shall be valid for a maximum of ninety (90) working days. The applicant must obtain a written extension letter to maintain the Notice of Commitment beyond the ninety (90) day maximum. Q. Essential Service Personnel: Chapter 67-37.002 (8) F.A.C. and Chapter 67-37.005(8), F.A.C. Persons in need of affordable housing who are employed in occupations or professions, such as Law Enforcement, Fire and Emergency Services, Public Administration, Education, Health Care, Public Utilities, and similar fields, which are considered essential services. R. Special Need Households: The county shall give first priority to person with special needs as defined below. 420.0004 (13), F.S. "Person with special needs" means an adult person requiring independent living services in order to maintain housing or develop independent living skills and who has a disabling condition: a young adult formerly in foster care who is eligible for services under s. 409.1451(5); a survivor of domestic violence as defined in s. 741.28; or a person receiving benefits under the Social Security Disability Insurance (SSDI) program or the Supplemental Security Income (SSI) program or from veteran's disability benefits. S. 1Green Buildini Green building (also known as green construction or sustainable building) refers to a structure and using process that is environmentally responsible and resource -efficient throughout a building's life -cycle from siting to design, construction, operation, maintenance, renovation, and demolition. In other words, green building design involves finding the balance between homebuilding and the sustainable environment. The Green Building practice expands and complements the classical building design concerns of economy, utility, durability and comfort. Leadership in Energy and Environmental Design (LEED) is a set of rating systems for the design, construction, operation, and maintenance of green buildings which was Developed by the U.S. Green Building Council. Although new technologies are constantly being developed to complement current 13 Commented [RD2]:Not necessary to include this in the LHAP-Global comment Commented [RD3]: This is basically a definition, it needs to state what the County is going to actually employ through SHIP practices in creating greener structures, the common objective is that green buildings are designed to reduce the overall impact of the built environment on human health and the natural environment by: Efficiently using energy, water, and other resources Protecting occupant health and improving employee productivity Reducing waste, pollution and environmental degradation LHAP HOUSING STRATEGIES: Chapter 67-37.005(5), F.A.C. Local Housing Assistance Program Strategies The strategies available for use in the IRCLHAProgram will serve to effectively reduce the cost of housing in two ways. The first is by awarding rehabilitation loans to very low and low income eligible recipients. These loans will convert to forgivable grants after ten years. The second method of reducing the cost of housing is by providing income eligible applicants deferred payment, subordinated rehabilitation and/or purchase assistance loans. Such loans result in reduced costs indefinitely. By providing the assistance strategies identified herein, the IRCLHAProgram will encourage the provision of affordable housing. A total of six eight (6) assistance strategies are available for use by the Indian River County Local Housing Assistance Program (IRCLHAProgram) in providing assistance to eligible persons or sponsors. 14 A. jplpact Fee/Canacitv Charges Loans (Code #8) a. Summary of the Strategy: To assist income eligible persons with the cost of impact fees and/or water and sewer capacity charges for owner occupied housing units anywhere in Indian River County. b. Fiscal Years Covered: FY 2015-2016, FY 2016-2017, FY 2017-2018 c. Income Categories to be served: Very Low -Income Persons (Not to exceed 50% of median income) Low -Income Persons (between 51-80% of median income). Moderate -Income Persons (between 81-120% of median income) -in conjunction with down payment/closing cost loans only. d. Maximum award: The county provides loans for the actual amount of impact fees and capacity charges, not to exceed $20,000 per unit for the cost of impact fees and/or capacity charges. e. Terms, Recapture, Default: The applicant must execute a loan agreement with the county indicating that the applicant will comply with the county's Local Housing Assistance Plan's requirements. There will be 3% simple annual interest rate for impact fee/capacity charge loans. Impact fee/capacity charges loans not associated with purchase assistance for Very Low and Low Income households: the original loan amount and interest accumulated will be forgiven after 10 years occupancy. For Moderate Income household or for impact fees and/or water and sewer capacity charges in conjunction with Purchase Assistance strategy: the original loan amount and accumulated interest will be forgiven after 30 years occupancy. The repayment of funds awarded as an impact fee/capacity charges loan is not required, except in cases whereby the eligible housing unit is sold, occupied by someone other than the original loan recipient prior to termination of the units affordable classification timeframe, or refinanced with cash out prior to termination of the affordability timeframe. In these cases, repayment of the entire original loan amount and accumulated interest is required. Program income funds and program income will be deposited in the county's affordable housing trust fund. In the event of the death of the homeowner, an income eligible heir may assume the county SHIP loan as long as the home is utilized as household's homesteaded property. SHIP Deferred Payment Loans (DPL), in conjunction with CDBG funded projects, will 15 4y,/S be forgiven in 5 years or upon death of the homeowner, whichever comes first. f. Recipient Selection Criteria: Eligible applicants will be approved for assistance on a first qualified first served basis subject to funding availability. Applicants will be chosen per the following criteria: i. Income Eligibility ii. Employment Verification iii. Asset Verification iv. Homebuyer Status As needed applicants may reapply for new capacity charge loans when water or sewer service becomes available. First time applicants will be given priority over previously assisted persons. Exceptions may be made for eligible property owners in cases where living conditions threaten the personal health and safety of the household. Property taxes must be current and property must be free of code enforcement liens. g. Sponsor Selection Criteria: Non-profit organizations or for-profit developers may utilize this strategy only when the impact fee/capacity charges loan is a match for another housing program, such as the CDBG Program, Home Investments Partnership (HOME), Low Income Housing Tax Credit Program (LIHTC), State Apartment Incentive Loan Program (SAIL), Multi - Family Mortgage Revenue Bond Program, Community Workforce Housing Innovation Pilot Program (CWHIP), or other state and federal housing programs. Non-profit organizations or for-profit developers eligible to participate in the local housing assistance program shall be selected according to the following criteria: i. Ability to proceed with the construction or rehabilitation activities and receive a certificate of occupancy within one year of the closing transaction date ii. Number of units provided per year iii. Ability to provide maximum leverage against SHIP funds iv. The length of time the organization has been in Indian River County v. Experience in the development of affordable housing vi. The non-profit organization must be an entity with current 50 1(c)(3) tax-exempt status vii. Priority will be given to organizations, which employ personnel from the Welfare Transition Program. h. Additional Information: i. Geographic Area Impact fee/capacity charge loans may be made anywhere in the county, including all municipalities located within the county. ii. Housing Unit Classification All housing units shall be owner -occupied. 16 ‘,./. /.1 iii. Impact fee/capacity charge loans may be given in combination with purchase assistance or rehabilitation Loans. B. Purchase Assistance Loans (Codes #1 & #2) a. Summary of the Strategy: To assist eligible persons with down payment and closing costs as well as principal reduction associated with the purchase of a home. b. Fiscal Years Covered: FY 2015-2016, FY 2016-2017, FY 2017-2018 c. Income Categories to be served: Very Low -Income Persons (Not to exceed 50% of median income) Low -Income Persons (between 51-80% of median income) Moderate -Income Persons (between 81-120% of median income) d. Maximum award: Very Low -Income Person $20,000 Low -Income Person $15,000 Moderate -Income Person $10,000 e. Terms, Recapture, Default: Purchase assistance loans are deferred 30 year payment loans secured by a mortgage and note whereby repayment of the entire loan amount and accumulated interest occurs at the time that the eligible housing unit is sold, refinanced with cash out, or occupied by someone other than the original loan recipient. There will be 3% simple annual interest rate for Purchase Assistance loans. Program income funds will be deposited in the county's affordable housing trust fund. Eligible persons may repay the entire amount of the loan at any time. In the event of the death of the homeowner, an income eligible heir may assume the county SHIP loan as long as the home is utilized as household's homesteaded property. f. Recipient Selection Criteria: Eligible applicants will be approved for assistance on a first qualified first served basis subject to funding availability. Applicants will be chosen per the following criteria: i. Income Eligibility ii. Employment Verification iii. Asset Verification iv. Homebuyer Status v. Credit Verification and/or approval from the financial institution that is granting the first mortgage 17 Commented [RD4]: Number of years in loan term? Secured by mortgage and note? ‘y/7 vi. Approval of first mortgage by a financial institution vii. Attendance and completion of County's Homebuyer's Educational Workshop (receiving the Homebuyer's Educational Workshop Certificate). g. Sponsor Selection Criteria: N/A h. Additional Information: i. Geographic Area Purchase assistance loans may be made anywhere in the county, including all municipalities located within the county. ii. Housing Unit Classification All housing units shall be owner -occupied single family or condominium residences. iii. Purchase assistance loans can be given in combination with a rehabilitation or impact fee loan, for purchase of existing homes or combination with an impact fee/capacity charge loan for construction of a new unit. iv. As structured, the program does not require an applicant to provide a minimum monetary contribution towards the down payment or closing costs. This program policy, however, does not exempt an applicant from a financial institution's minimum monetary contribution requirement, if applicable. v. No owner financing is allowed. All purchase assistance applicants must receive their first mortgage from a financial institution. vi. Except as otherwise provided for herein, SHIP purchase assistance funds shall not be provided to any household where for the household's first mortgage that projected monthly housing cost, including mortgage principal, interest, taxes, and insurance, will exceed 30% of the household's gross income, or where the household's total debt will exceed 41% of the household's gross income. It is not, however, the intent of this plan to limit an individual household's ability to direct more than 30% of its income for housing if the first institutional mortgage lender is satisfied that the applicant household can afford mortgage payments in excess of the 30% benchmark. For that reason, the monthly housing cost to gross income ratio (front end ratio) may be up to 35% as long as the back end ratio does not exceed 41%. In such cases, the first mortgage lender must inform the county in writing of its determination. This determination must be based on specific characteristics applicable to the applicant such as the applicant' s debts being short term, the applicant having a good history of debt management, or other pertinent reasons. These requirements apply to all income categories. With the exception of very low and low income Habitat for Humanity applicants, a household's monthly housing cost to income ratio (front end ratio) shall 18 CIIV not fall below 20%. Because Habitat for Humanity mortgages carry a 0% interest rate, Habitat for Humanity clients may have a monthly housing cost less than 20% of gross income. In the case of Habitat for Humanity clients, the front end ratio may be as low as 17%. Housing units constructed as new units, within one calendar year, substantially rehabilitated within one (1) calendar year prior to purchase, or units to be rehabilitated in conjunction with the down payment/closing cost shall be classified as constructed, rehabilitated, or repaired units. Indian River County has a lending consortium, consisting of local banks and financial institutions. Pursuant to the consortium's rules, consortium members waive certain fees and charge interest rates equal to or less than the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation 30 to 60 day rate for principal mortgages provided to SHIP purchase assistance loan recipients. Only members of the Indian River County Lending Consortium may provide first mortgages to SHIP recipients. The maximum term of a first mortgage shall not exceed 30 years. The maximum interest rate for the first mortgage shall not exceed the Federal National Mortgage Association (FNMA) or Federal Home Loan Mortgage Corp. (FHLMC) fixed rate 30 or 60 -day delivery (published daily in the Wall Street Journal) rounded up to the nearest .125%. For SHIP purchase assistance loans, the number of points, which may be charged by the financial institution providing the first mortgage, shall be as follows: • For conventional loans, up to one (1) point may be paid from SHIP funds. If a lender does not charge any points on a principal mortgage associated with a SHIP purchase assistance loan, the lender may increase the interest rate on the first mortgage up to a maximum of 1 percentage point above the maximum interest rate referenced above. • For FHA loans, a maximum of one (1) point may be paid from SHIP funds. • For "bond program" loans only, more than one (1) point may be paid from SHIP funds. For applicants to be eligible to receive SHIP funds for down payment/closing costs, the first mortgage loan must be a fixed rate loan. No loan requiring a balloon payment is acceptable for any income group. Title inst}.anee--—regta=Yed For all purchase assistance dawn paymettielesing-east loans a copy of the first mortgage title insurance must 19 Formatted: Strikethrough Commented [RD5]: This confused us even more. Are you Baying that a moderate whose LTV is below 85t does not need SHIP assistance? If so, please clarify in simpler terms. The new language seems like a contradiction. we may need to discuss by phone. be provided to SHIP office tfansaetiens. Purchase assistance loans may be leveraged with loans from financial institutions, USDA Rural Development, Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), Community Workforce Housing Innovation Pilot Program (CWHIP, and other applicable State or Federal Programs. vii. Maximum purchase price shall not exceed 90% of the average area purchase price as established by the U.S. Treasury Department and published by Florida Housing Finance Corporation. • Maximum purchase price for new and existing single-family homes and condos is $261,923 viii. Subordination of SHIP mortgages associated with first mortgage refinancing shall be subject to the following requirements. No existing SHIP mortgage will be subordinated to a refinanced first mortgage unless the following requirements are met: Requirements for a Refinanced Mortgage Maximum Term Allowed Maximum Interest Rate Allowed Maximum First Mortgage Amount Allowed Maximum Points Allowed 30 Years Must be a fixed rate loan, and interest rate must be lower than the existing first mortgage interest rate. Not to exceed the original first mortgage amount. Any available equity up to the original mortgage amount may be used for closing costs associated with the refinancing. No cash out to applicant For downpayment and closing cost loans up to 1 point allowed For other loans up to 2 points allowed ix. Partial Loan Payment The county's Loan Review Committee (LRC) will review all requests for partial loan payments on a case-by-case basis. However, the county will not accept any partial loan payment less than 20% of the original loan, unless it is proven that it is in the best interest of the county to accept a partial loan payment of less than 20%. 20 C. Fmergencv Rehabilitation Loans (Code #6) a. Summary of the Strategy: To fund all or a portion of the cost encountered for emergency repair of existing owner - occupied housing units to prevent further damage to the unit or to make it habitable with temporary repairs. This strategy shall be used in cases where the health department or a jurisdiction's building official determines that a structure or other items such as a septic tank is in such condition that it threatens the occupant's health or safety. b. Fiscal Years Covered: FY 2015-2016, FY 2016-2017, FY 2017-2018 c. Income Categories to be served: Very Low -Income Persons (not to exceed 50% of median income) Low -Income Persons (51 to 80% of the county's median income) Moderate -Income Persons (81-120% of median income) d. Maximum award: The maximum monetary award for an emergency repair loan shall not exceed: Up to $20,000 per single family or a condominium -housing unit. e. Terms, Recapture, Default: The repayment of funds awarded as an emergency rehabilitation loan is not required, except in cases where the assisted housing unit is sold, refinanced with a cash out prior to termination of the unit's affordable classification timeframe (10 years), or occupied by someone other than the original loan recipient. In cases where the unit is sold, refinanced with a cash out, or occupied by someone else, the entire original loan amount and accumulated interest must be paid back. There will be 3% simple interest rate for emergency rehabilitation loans. Program income funds will be deposited in the County's affordable housing trust fund. Eligible persons may repay the entire amount of the loan at any time. In the event of the death of the homeowner, an income eligible heir may assume the County SHIP loan as long as the home is utilized as household's homesteaded property. f. Recipient Selection Criteria: Eligible applicants will be approved for assistance on a first qualified first served -basis subject to funding availability. Applicants will be chosen per the following criteria: i. Emergency needs identified by a building official or health department. ii. Income Eligibility First time applicants will be given priority over previously assisted persons. Exceptions 21 `u Z may be made for eligible property owners in cases where living conditions threaten the personal health and safety p of the household. Property taxes must be current, and the property must be free of a m pfl +r code enforcement liens not related to emergency •- commenced [ER6]: Tare criteria"Emergency needs identified by a building official or health department" could mean there might rehabilitation loan. be some code enforcement liens that could be cleared up with the emergency rehab loan. Suggest specifying that this could be allowable. g. Other Emergency Rehabilitation Loan Requirements: The IRCLHAProgram anticipates providing emergency rehabilitation loans to eligible very low income and low-income households to fund all or a portion of the cost of emergency repair for existing single-family or condominium owner occupied housing units. Emergency repair loans will not be awarded for repair work previously completed. All emergency repair work must be performed by licensed contractors. Emergency rehabilitation loans may be awarded, if needed, for repair work activities which are essential to make a house safe for habitation and/or to prevent further damage to the house. Emergency repair loans may not be awarded in combination with purchase assistance loan assistance. Emergency rehabilitations eligible for SHIP funding are limited to weatherization activities and repair activities to prevent further damage to the house. Weatherization means materials or measures and their installation which are used to improve the thermal efficiency of a residence. SHIP funds may be provided for emergency repairs with at least two written licensed contractor estimates and an expedited approval process. The contractor with the lowest bid will be awarded the job. Emergency rehabilitation loans may be awarded for the following rehabilitation work activities. i. Roof repair and shoring activities to protect and stabilize housing unit ii. Plumbing work found to be unsafe by a jurisdiction's building official or his designee iii. Electrical work found unsafe by a jurisdiction's building official or his designee iv. Repair of septic tank, lift station, drain field or private well as required by the public health department v. Demolition of unsafe structures For any other rehabilitation needs the applicant may apply under regular rehabilitation loan assistance strategies. Emergency rehabilitation loan amounts shall be based upon the lowest written licensed contractor estimate for the scope of work, identifying all necessary repair work and the expected costs of the repair work. Once the contractor estimate is selected and the emergency repair loan amount including contingencies is established, no additional funds may be awarded. The contractor estimate must identify all potential costs (including building permit fees) to be encountered in completing the repair work. Change orders must be approved by the county. The applicant or his contractor must obtain a building permit from the corresponding jurisdictional Department of Health or building department for all repair activities. The funds for emergency rehabilitation loans of less than $5,000.00 shall be delivered upon 22 completion of all repair work and a satisfactory final inspection by the corresponding jurisdictional Building Department that all required repair activities for the eligible housing unit are completed. Funds for emergency rehabilitation loans of $5,000.00 or more may be delivered in individual draws, not to exceed three draws total, based upon the completion of individual components of the repair work and inspection by the corresponding jurisdictional Building Department or the local housing assistance program staff. Each partial draw including the final draw of funds shall not be less than $5,000 and it shall be delivered upon completion of all repair work and a satisfactory final inspection by the corresponding jurisdictional Building Department and the county designated inspector that all required repair activities for the eligible housing unit are completed. No SHIP funds will be paid for any work completed prior to issuance of the county notice to proceed. Emergency rehabilitation loans may be leveraged with private funds, small city Community Development Block Grant (CDBG) funds, weatherization funds, HUD transitional housing funds, or other state and federal programs as appropriate. h. Additional Information: i. Geographic Area Emergency rehabilitation loans may be made anywhere in the county, including all municipalities located within the county. ii. Housing Unit Classification Eligible housing units receiving emergency rehabilitation loans must be owner -occupied single-family or condominium residences. Mobile homes are not eligible. 23 D. Rehabilitation Loans (Code #3) a. Summary of the Strategy: To fund all or a portion of the cost encountered in rehabilitating existing owner - occupied housing units or rehabilitation of acquired owner occupied housing units in conjunction with purchase assistance loans. b. Fiscal Years Covered: FY 2015-2016, FY 2016-2017, FY 2017-2018 c. Income Categories to be served: Very Low -Income Persons (Not to exceed 50% of median income) Low -Income Persons (between 50-80% of median income) Moderate -Income Persons (between 80-120% of median income) in conjunction with purchase assistance loans only d. Maximum award: The maximum monetary award for a rehabilitation loan shall not exceed: $50,000 per single family or a condominium -housing unit. e. Terms, Recapture. Default: Stand.-alonctiRehabilitation loans are deferred payment 10 0 year loans whereby repayment of the entire loan amount and accumulated interest occurs at the time the eligible housing unit is sold, refinanced with cash out, or occupied by someone other than the original recipient. There will be 3% simple annual interest rate for rehabilitation loans. Interest accumulated will be forgiven after 10 years occupancy for very low and low income households. yor Rrehabilitation loans that are given in conjunction with purchase assistance loans (Purchase Assistance v‘ ith Rehabilitation) are 30 year loans Therefore. the principal loan amount and accumulated interest will be forgiven after 30 years occupancy. 30 years. Program income funds will be deposited in the county's affordable housing trust fund. The loan recipient may repay the entire amount of the loan at any time. In the event of the death of the homeowner, an income eligible heir may assume the county SHIP loan as long as the home is utilized as household's homesteaded property. f. Recipient Selection Criteria: Eligible applicants will be approved for assistance on a first qualified first served -basis 24 { Formatted: Stiikethrough Formatted: No underline Formatted: No underline, Underline color: Auto, Strikethrough Commented [RD7]: we found this language confusing, but not sure what to tell you to make it easier. Commented [RD8]: Still confusing. If a loan s forgiven after ten years, how is the term 30 years? �yay subject to funding availability. Applicants will be chosen per the following criteria: i. Income Eligibility ii. Employment Verification iii. Asset Verification iv. Credit Verification First time applicants will be given priority over previously assisted persons. g. Other Rehabilitation Loan requirements: The IRCLHAProgram anticipates providing low interest loans to eligible households to fund all or a portion of the cost encountered in rehabilitating of existing or rehabilitating acquired housing units eligible for occupancy by eligible persons. Rehabilitation loans shall be provided consistent with the requirements of the county's minimum standards for rehabilitation of residential properties document. Rehabilitation loans will not be awarded for rehabilitation work completed prior to the county loan approval. All rehabilitation work must be performed by licensed contractors. Rehabilitation loans may be awarded only for rehabilitation work activities that are identified in the county's designated inspector work write-up and include only items that are in poor condition and cannot be repaired. Rehabilitation loans may be awarded for the following rehabilitation work activities: i. Roof (shingle or 5V metal), including replacement of all rotten wood ii. Plumbing work as needed iii. Electrical work as needed iv. Heating and air conditioning, including insulation and ceiling fans v. Replacement of doors, garage doors, and windows, if in poor condition vi. Replacement of kitchen cabinets and countertops, if in poor condition with plastic laminate type vii. Patching or replacement of dry wall as needed viii. Painting, carpeting, and vinyl flooring, only as part of larger rehabilitation work ix. Replacement of rotted siding x. Replacement of bathroom tubs, lavatories, and sinks, as needed to bring the units to a safe and sanitary standard xi. Replacement of kitchen sinks as needed xii. Pressure wash, only to prepare for any allowed painting or repair xiii. Driveway/culvert (only if no driveway exists) xiv. Repairs to make a house accessible for a disabled member of a household xv. Repair or replacement of septic tank, lift station, drain field or private well as required by the public health department xvi. Termite repairs and treatment xvii. Installation of Aluminum storm window shutters xviii. Installation of gutters xix. Hurricane Mitigation work activities xx. Replacement of water heater as needed xxi. Other repairs as required by the building department to bring the house up to current minimum housing code 25 5 S xxii. Replacement of stairs as needed xxiii. Application of green building standards to increase the energy efficiency of the unit xxiv. Repair of permitted porch to make it safe xxv. Replacement of range hood if existing is not working; installation if none existing xxvi. Repair or replacement of existing smoke alarm and/or carbon monoxide alarm; installation if none existing xxvii. Plastic screen, metal screen, or metal mesh for soffit vents Following rehabilitation work activities are NOT eligible for SHIP funding: i. Appliances ii. Wood and/or wood -laminate flooring iii. Carpeting which is not part of larger rehabilitation work iv. Tile floor or wall (except in bathrooms) v. Patio and porch addition vi. Painting which is not part of larger rehabilitation work vii. Building a garage or any house addition viii. Landscaping, sodding, and similar work ix. Any kind of cosmetic work x. Swimming pool and similar facilities xi. Tile or slate roofing xii. Hardi plank siding unless replacing existing portions xiii. Fence Rehabilitation loan amounts shall be based upon a minimum of two written licensed contractor estimates for the exact same scope of work, identifying all necessary rehabilitation work and the expected costs of the rehabilitation work. One bid may be allowed at the discretion of the LHAP Administrator. Contractors' estimates for major rehabilitation work must be based on a work write-up prepared by the county designated inspector. The applicant shall choose one of the contractors to complete the identified rehabilitation work provided that the contractor cost estimate does not exceed 110% of the estimate provided by the county designated inspector. Where the proposed rehabilitation is minimal or involves specific activities such as replacement of a septic tank, replacement of A/C, roof, window shutters and other similar work, there may be no work write-up. In such cases the applicant must contact licensed contractors, obtain at least two comparable bids for the exact same job and submit the bids to the county. In this case, the applicant shall choose one of the acceptable bids provided that the contractor's cost estimate does not exceed 5% of the average of all bids provided. Once the contractor estimate is selected and the rehabilitation loan amount including contingencies established, no additional funds may be awarded. The contractor estimate must identify all potential costs (including building permit fees) to be encountered in completing the rehabilitation work. Change orders must be approved by the county designated inspector or local housing assistance program staff. Additionally, the applicant will be required, as part of the application process, to pay for a credit report when required. j1./, 26 The applicant or his contractor must obtain a building permit from the corresponding jurisdictional building department for all rehabilitation work activities. The funds for rehabilitation loans of less than $5,000 shall be delivered upon completion of all rehabilitation work and a satisfactory final inspection by the corresponding jurisdictional Building Department and the county designated inspector or local housing assistance program staff that all required rehabilitation activities for the eligible housing unit are completed. Funds for rehabilitation loans of $5,000.00 or more may be delivered in individual draws, not to exceed five draws total, based upon the completion of individual components of the rehabilitation work and inspection by the corresponding jurisdictional building department and the county designated inspector or the local housing assistance program staff. iEacb partial draw ifiekdixge-fmal dfaw of funds shall not be less than $5,000 kand it shall be delivered upon completion of all rehabilitation work and a satisfactory fmal inspection by the corresponding jurisdictional Building Department and the county designated inspector or the local housing assistance program staff that all required rehabilitation activities for the eligible housing unit are completed. Contractor must submit invoice, a copy of the final inspection report, signed and notarized contractor's fmal affidavit, contractor final waiver of lien, and sub -contractors final waiver of lien (if any). Staff will make sure that the final draw is not less than $5,000 by keeping track of all draw requests. No SHIP funds will be paid for any work completed prior to the county's notice to proceed. Rehabilitation loans can be leveraged with private funds, small city Community Development Block Grant (CDBG) funds, weatherization funds, and other state and federal programs as appropriate. h. Additional Information: i. Geographic Area Rehabilitation loans may be made anywhere in the county, including all municipalities located within the county. ii. Housing Unit Classification Eligible housing units receiving rehabilitation loans must be owner - occupied single-family, or condominium residences. Mobile homes are not eligible. iii. Rehabilitation loans can be given in combination with down- payment/closing cost loans, and impact fee/capacity charge loans. i. Residential Hurricane Mitigation: The county will match SHIP funds with My Safe Florida Home Funds for hurricane resistant retrofit improvements to owner occupied site built homes to reduce potential future hurricane damage. The county shall advertise the availability of My Safe Florida Home funds, accept applications from very low, low, and moderate income homeowners with homestead exemptions for homes that have insured values not exceeding $261,973 $,(SHIP program maximum). Applications will be reviewed on first qualified, first served basis. Applications, however, will be approved based on first application completed, first application to receive funding. 27 Commented (RD9]: The final draw may have to be L $5,000 Eligible retrofit improvements work activities include the following: 1. Improving the strength of the roof deck attachment 2. Creating a secondary water barrier to prevent water intrusion 3. Improving the survivability of the roof covering 4. Bracing gable -ends in the roof framing 5. Reinforcing roof -to -wall connections 6. Upgrading exterior wall opening protections 7. Upgrading exterior doors All My Safe Florida Home inspectors must have undergone a background check, drug screening and have specialized training in wind mitigation procedures and residential construction or inspection experience through the Florida Department of Financial Services. All contractors or installation professionals utilized to perform retrofit work activities must be licensed, insured and registered as a participating contractor with the Florida Department of Financial Services. G' 28 E. Disaster Mitigation Repair Loans (Code #5) a. Summary of the Strategy: To fund all or a portion of the cost encountered for disaster related repair of existing owner -occupied housing units to prevent further damage to the unit or to make it habitable with temporary repairs. This strategy shall be used in the event of a disaster declared by state or federal executive order. This strategy will be implemented only in the event of a disaster using any funds that have not yet been encumbered and/or additional disaster funds issued by the Florida Housing Finance Corporation. b. Fiscal Years Covered: FY 2015-2016, FY 2016-2017, FY 2017-2018 c. Income Categories to be served: Very Low -Income Persons (not to exceed 50% of median income) Low -Income Persons (51 to 80% of the county's median income) Moderate -Income Persons (81 to 120% of median income) d. Maximum award: The maximum monetary award for a disaster mitigation repair loan shall not exceed: Up to $30,000 per single family or a condominium -housing unit. e. Terms, Recapture, Default: The repayment of funds awarded as a disaster mitigation repair loan is not required, except in cases where the assisted housing unit is sold, refinanced with a cash out prior to termination of the unit's affordable classification timeframe (10 years) or occupied by someone other than the original loan recipient. In cases where the unit is sold, refinanced with a cash out, or occupied by someone else, the entire original loan amount and accumulated interest must be paid back. There will be 3% simple interest rate for disaster mitigation repair 10 year loans. Program income funds will be deposited in the county's affordable housing trust fund. Eligible persons may repay the entire amount of the loan at any time. In the event of the death of the homeowner, an income eligible heir may assume the county SHIP loan as long as the home is utilized as household's homesteaded property. f. Recipient Selection Criteria: Eligible applicants will be approved for assistance on a first qualified first served basis subject to funding availability. Applicants will be chosen per the following criteria: g.y2 9 i. disaster related rehabilitation needs ii. Income Eligibility To expedite approval process, a Disaster Self Certification of Income Form may be utilized. g. Other Disaster Mitigation Repair Loan Requirements: The IRCLHAProgram anticipates providing disaster repair 10 year loans to eligible, very low income, and low-income households to fund all or a portion of the cost of disaster repair for existing single-family or condominium owner occupied housing units. Disaster repair loans will not be awarded for repair work previously completed. All disaster repair work must be performed by licensed contractors. Disaster loans may not duplicate repairs that may be done by the resident's homeowners insurance, FEMA, and similar assistances. Disaster repair loans may be awarded if needed for repair work activities which are essential to make a house safe for habitation and/or to prevent further damage to the house. Disaster repair loans may not be awarded in combination with downpayment/closing cost loan assistance. Disaster repair loans will be used in the event of a natural, state, or federally declared disaster. SHIP funds may be provided for disaster associated repairs with only one written licensed contractor estimate and expedited approval process. Disaster repair loans may be awarded only for rehabilitation work activities related to a declared emergency or disaster. Disaster repair loans may be awarded for the following rehabilitation work activities. i. Purchase of emergency supplies for eligible households to weatherproof damaged homes; ii. Interim repairs to avoid further damage; tree and debris removal required to make the individual housing habitable; iii. Construction of wells or repair of existing wells where public water is not available; iv. Payment of insurance deductibles for rehabilitation of homes covered under homeowner insurance and homeowner association policies; v. Other activities as proposed by the County and approved by Florida housing Finance Corporation. For any other rehabilitation needs, the applicant may apply under regular rehabilitation loan assistance strategies. Disaster repair loan amounts shall be based upon a written licensed contractor estimate for the scope of work, identifying all necessary repair work and the expected costs of the repair work. The applicant shall choose a licensed contractor to complete the 11 f.30 identified repair work. Once the contractor estimate is selected and the disaster repair loan amount including contingencies is established, no additional funds may be awarded. The contractor estimate must identify all potential costs (including building permit fees) to be encountered in completing the repair work. Change orders must be approved by the county. The applicant or his contractor must obtain a building permit from the corresponding jurisdictional building department for all repair activities. The funds for disaster repair 10 year loans of less than $5,000.00 shall be delivered upon completion of all repair work and a satisfactory final inspection by the corresponding jurisdictional Building Department and the county designated inspector that all required repair activities for the eligible housing unit are completed. Funds for disaster repair 10 year loans of $5,000 or more may be delivered in individual draws, not to exceed three draws total, based upon the completion of individual components of the repair work and inspection by the corresponding jurisdictional Building Department and the county designated inspector or the local housing assistance program staff. Each partial draw including the final draw of funds shall not be less than $5,000.00 and it shall be delivered upon completion of all repair work and a satisfactory final inspection by the corresponding jurisdictional Building Department and the county designated inspector that all required repair activities for the eligible housing unit are completed. No SHIP funds will be paid for any work completed prior to issuance of the county notice to proceed. Disaster repair loans may be leveraged with private funds, small city Community Development Block Grant (CDBG) funds, weatherization funds, HUD transitional housing funds, FEMA funds, or other state and federal programs as appropriate. h. Additional Information: i. Geographic Area Disaster repair loans may be made anywhere in the county, including all municipalities located within the county. ii. Housing Unit Classification Eligible housing units receiving disaster repair 10 year loans must be owner - occupied single-family, condominium residences. Mobile homes are not eligible. F. J.ow Income Housing Tax Credit (I.IHTCI Program Matching Grants (Code #21) a. Summary of the Strategy: 11'o assist non-profit and for-profit organizations with matching funds needed to acquire either 9% (competitive) credit or 4% with bonds Low Income Housing Tax Credit funding. b. Fiscal Years Covered: FY 2015-2016, FY 2016-2017, FY 2017-2018 .trif' 31 Commented[RD10]: IS this for 9t (competitive) credits or 4t with Bonds? c. Income Categories to be served: Very Low -Income Persons (not to exceed 50% of median income) Low -Income Persons (51 to 80% of the county's median income) Moderate -Income Persons (81 to 120% of median income) d. Maximum award: The maximum monetary award will be up to $100,000 for each LIHTC project artd or it is capped ata maximum oft $5,000 per unit. e. Terms, Recapture, Default: g. The repayment of funds awarded as a LIHTC matching grant is not required, except in cases where the assisted housing has changed to a market rate prior to expiration of the affordability period. In that case, the entire original grant amount is due and payable. There will be no interest rate for LIHTC matching grants. Recaptured funds will be deposited in the county's affordable housing trust fund. Sponsor Selection Criteria: Non-profit organizations or for-profit developers eligible to participate in the local housing assistance program must submit a LIHTC application to the FHFC to qualify. Assistance will be provided to LIHTC projects which receive an award of funds from FHFC. Additional Information: i. Geographic Area LIHTC matching grants may be made anywhere in the county, including all municipalities located within the county. ii. Housing Unit Classification Eligible housing units produced by the LIHTC funds must be renter occupied units. X* 32 Formatted: Strikethrough Commented [RD11]: May want to reconsider this limit especially for special needs LHAP INCENTIVE STRATEGIES Section 420.9071(16), F.S. Since adoption of the county's Comprehensive Plan in 1990, the county has established several new housing programs and regulations to address various housing problems. In addition, the county has reviewed all of its ordinances and regulations to determine if any unnecessarily increase housing costs. Where appropriate, the regulations and ordinances were revised to encourage the provision of affordable housing within the county. The county's affordable housing incentive strategies affecting affordable housing are as follows: 1. Regulations providing up to a 20% density bonus for affordable housing development projects (housing element policy 2.5, Land Development Regulations Section 911.14(4)(a)). 2. Regulations allowing for small lot subdivisions with reduced setbacks, lot size, and lot width requirements for Workforce or Affordable Housing subdivision projects (Land Development Regulations, Chapter 911 and section 971.41(9)). 3. Regulations allowing for accessory single-family dwelling units in all agricultural and residential zoning districts (Land Development Regulations, Chapter 911 and Section 971.41(10)) 4. Regulations allowing multi -family dwelling units in conjunction with commercial development, such as apartments over commercial buildings (Land Development Regulations Section 911.10 and Section 971.41 (6)) 5. Policies for expedited permit processing (Housing Element policies 1.5 and 1.6) 6. Policy for review of proposed local policies or regulations, which may increase the cost of housing (Housing Element policy 1.7) 7. Inventory of all surplus county owned land (Housing Element policy 2.4) 8. Policy for financing impact fees or payment of impact fees (Housing Element policy 4.3 and policy 4.4) 9. Policy for expediting permits for housing projects utilizing new construction technology (green building, Energy Star Program) (Housing Element policy 1.8) 10. Policy for support of development near transportation hubs or major employment centers (Housing Element policy 1.9) 11. Policy for assistance to non-profit housing organizations to establish CLTs (Housing Element policy 4.10) 0.33 12. Policy for assistance to non-profit organizations to establish CDCs (Housing Element policy 4.11) 13. Policy for assistance to employers for establishing employer assisted housing programs (Housing Element policy 4.12) a. 14. Policy for establishing a private/public housing trust fund (Housing Element policy 4.13) 15. Regulations allowing zero lot line subdivisions (Land Development Regulations Section 915.15) 16. Establishment of a Local Housing Assistance Program, allowing the county to utilize State Housing Initiatives Partnership (SHIP) program funds for the provision of affordable housing (Local Housing Assistance program, Local Housing Assistance plan, Housing Element policies 2.7, 3.6, 4.4, 4.6, 4.7, 4.9, and 9.1) Following are citations from the county's Comprehensive Plan and Land Development Regulations (LDRs) for the above referenced affordable housing incentive strategies. In the case of amendments to the county's comprehensive plan policies or land development regulations that cause inconsistency between this section of the Local Housing Assistance Plan and the county's Comprehensive Plan or Land Development Regulations, the Comprehensive Plan and Land Development Regulations will control. A. Expedited Permitting Permits as defined in s. 163.3164(7) and (8) for affordable housing projects are expedited to a greater degree than other projects. a. Established policy and procedures: - Housing Element Policy 1.5 POLICY 1.5: By 2000, the county shall assess its existing permit processing procedure and, if warranted, establish a full one-stop permitting process. - Housing Element Policy 1.6 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: 01.34 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 the 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. B. Density Bonus: a. Established policy and procedures - Housing Element Policy 2.5 POLICY 2.5: The County shall maintain its affordable housing density bonus provision for planned development projects, allowing eligible affordable housing projects to receive up to a 20% density bonus based on 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 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 ‘V'35 Section 911.14(4) of the LDRs, 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 and half (2 '''A) 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 that meet Indian River County rent restriction 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: 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. if. 36 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. (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 verify compliance with the requirements of this section, and the covenant shall: i. Identify the subject unit as an affordable dwelling unit and specify that at no time may the identified unit be utilized as a model home, construction office or other non-residential occupancy use; and ii. Identify the units corresponding fifteen or twenty year affordability timeframe; and iii. Identify 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. Identify the Board of County Commissioners of Indian River County or its community development department or as its designee, as the agency with 0' 37 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. Identify 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. Specify 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 that 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 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% Ct• 38 * Buffer types are identified in Chapter 926 of the county's Land Development Regulations 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 off-site 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. 4. Approval procedure and other requirements. All planned developments shall be reviewed consistent with the requirements of Chapter 915, Planned Development. C. Small Lot Subdivision - Section 971.41(9) of the LDRs (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 that abut or are adjacent to areas not included in the proposed small lot subdivision. Perimeter lots that 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: Minimum lot size: Minimum yard setbacks: Front: 6. 39 50 feet 5,000 square feet 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: Minimum lot size: Minimum yard setbacks: Front: Side: 50 feet 5,000 square feet 20 feet 7 feet; 5 feet on lots fronting a curve or cul-de-sac circle Rear: 15 feet 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 25' wide Type "B" buffer with 6' opaque feature shall be provided along all perimeters that are adjacent to collector and arterial roads. B. Buffers for Other Perimeters. A 10' wide Type "C" buffer with 3' opaque feature shall be provided along all perimeters that are not adjacent to collector and arterial roads. (4/ • 40 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 easement improvement(s) 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 7.5% 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 4' 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 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 2'h x (2.5 times) the Indian River county annual median household income. Over the 10 -year restriction period, the sales price may be increased 3% per year (compounded annually). 6 A 4 1 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 10 years. An alternative to the sales price restriction shall be structured as a deed restriction that 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: • Identify the proposed method of ensuring affordability which may include - Rent/price resale restriction - Buyer income qualification - Shared equity process - Other • Identify appeal/variance procedure or a prohibition of appeals/variances • Identify 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. C. The maximum size of each dwelling unit shall be restricted in perpetuity to 1,500 sq. ft. under air. D. The restrictions required under items A or B, and C above shall be incorporated into deed restriction, 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 10 -year restriction period. Such consent is authorized to be made by the Community Development Director or his designee. D. Accessory single-family dwelling units - Section 971.41(10) of the LDRs (a) The construction of an accessory dwelling unit on a residentially zoned lot shall be allowed ‘y 42 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 (c) Requirements of section 971.41(10) shall not supersede property owner deed restrictions. (d) Additional information required: A site plan conforming to Chapter 914 requirements 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 multi- family dwelling unit. 5. The heated/cooled gross floor area of the accessory dwelling unit shall not exceed thirty-three (33) percent of the principal structure or seven hundred fifty (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. 7. 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. oey` 43 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 drain field 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 well and/or septic tank facilities would be required to service development on those adjacent properties. 11. No accessory dwelling unit shall 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. E. Multi -Family Dwelling Units in Conjunction with Commercial Development Section 911.10 of the LDRs COMMERCIAL DISTRICTS USE PRO OCR MED CN CL CG Multi -Family P P A A A A Residential P = Permitted use A = Administrative permit use PRO = Professional Office District OCR = Office, Commercial, Residential District MED = Medical District CN = Neighborhood Commercial District CL = Limited Commercial District CG = General Commercial District - Section 971.41(6) of the LDRs Multiple -family dwellings in commercial areas (administrative permit: no planning and zoning commission review or approval required if associated with a site plan reviewed as an administrative approval or minor site plan). (a) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): MED, CN, CL, CG (b) Additional information requirements: a site plan meeting the requirements of Chapter 914 which shows the location and specification of all landscape materials, and the location of all hospital emergency entrances or exits within five hundred (500) feet of the site. (c) Criteria for multiple -family dwellings within a MED district: 1. All proposed developments shall be subject to the size and dimension criteria for multi -family dwellings within the RM -8 district; 2. No residential site shall be located within five hundred (500) feet of a hospital complex, emergency entrance or exit. (d) Criteria for multiple -family dwellings within a CN, CL or CG district: 1. All dwelling units shall be accessory to a permitted use within the applicable zoning district; 2. In cases where a single-family unit is being used in conjunction with a business, the total area of the residence may exceed the total area of the business. No dwelling unit shall have street frontage on the ground floor. F. Housing Cost Impact Review Process - Housing Element Policy 1.7 POLICY 1.7: As part of the adoption process for any county regulations 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 projection. The financial impact statement then will be reviewed by the Professional Services Advisory Committee, 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. G. Surplus County Owned Land Inventory and Disposition - Housing Element Policy 2.4 POLICY 2.4: the county's general services department shall, pursuant to section 125.379 F.S., ec'r. 45 maintain an inventory of all surplus county -owned land and foreclosed properties that are appropriate for affordable housing and dispose of those properties consistent with section 125.379 F.S. requirements. H. Zero Lot Line Subdivisions - Section 915.15 of the LDRs Planned development allowable waivers and development parameters. Waivers from the various conventional standards and criteria found in the Chapter 911, Zoning, may be granted by the Board of County Commissioners via the establishment of special project development parameters, as provided for herein. (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: 1. Minimum lot size (in square feet); 2. Minimum lot width (in feet); 3. Minimum lot frontage (in feet); 4. Minimum yard setbacks for buildings: front, rear, side 5. Minimum yard setbacks for accessory structures (such as pools, patios, and decks); front, rear, and side; 6. Maximum lot coverage; building(s) and impervious surface area; 7. Minimum separation distances between buildings; 8. Minimum right-of-way widths (by road type); 9. 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 915.18); 10. Minimum preservation/conservation area per lot; Note: additional 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 to 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. I. Establishing/Utilizing SHIP Program - Housing Element Policy 2.7 6'46 POLICY 2.7: The County shall provide for the creation and preservation of affordable housing for all current and anticipated future residents and households with special housing needs including rural residents and farm workers by allowing affordable housing in all residential areas, rehabilitating existing units with SHIP funds, utilizing CDBG funds for housing rehabilitation and neighborhood revitalization, and undertaking other measures to minimize the need for additional local services and avoid a concentration of affordable housing units in specific areas. - Housing Element Policy 3.5 POLICY 3.5: The County shall offer rehabilitation loan assistance through its local housing assistance program, cooperative ventures with non-profit groups, or Community Development Block Grant (CDBG) type programs to effect spot removal of blighted structures and blighting influences. - Housing Element Policy 4.4 POLICY 4.4: The County shall maintain its Housing Trust Fund, which provides below-market interest rate financing for land acquisition, downpayment/closing cost loans, impact fee and utilities capacity charges payment loans, and rehabilitation loans for affordable housing units in the county. Some disbursements from the Housing Trust Fund will be 10 year loans where the loan amount and accumulated interest will be forgiven in 10 years, but the majority of funds will be provided as revolving loans, with borrowers paying back principal and applicable interest into the trust, therefore ensuring a permanent source of financing. - Housing Element Policy 4.5 POLICY 4.5: The County shall enter into inter -local agreements with any county municipality which because of unusually high property values or coastal high hazard area constraints cannot meet is affordable housing needs within its jurisdiction, and desires to contribute to the Housing Trust Fund. The amount and method of payment will be established prior to execution. - Housing Element Policy 4.6 POLICY 4.6: The County shall maintain its affordable housing partnership with financial institutions for leveraging State Housing Initiatives Partnership Program (SHIP) funds. - Housing Element Policy 4.7 POLICY 4.7: The County shall encourage increased home ownership by providing downpayment/closing cost loan assistance to eligible very low income, low income, and moderate income households through the county's local housing assistance program. - Housing Element Policy 4.9 POLICY 4.9: The County shall require all applicants for downpayment/closing cost loan assistance from the Indian River County Local Housing Assistance Program to attend a homebuyers' cat 47 educational program workshop as a prerequisite for getting a loan. The homebuyers' educational program provides useful information to people wanting to buy their own home. Typical subjects presented are as follows: Preparing for homeownership (including budgeting, saving, etc.) Shopping for a home Obtaining a mortgage (qualifying, processing, etc.) Understanding mortgages and the closing process Life as a homeowner (includes maintenance and responsibilities) Credit and credit reports - Housing Element Policy 9.1 POLICY 9.1: The County shall maintain its local housing assistance programs. As part of this coordination process, the county will accept funds, land, in-kind services, or other types of payments for housing assistance purposes from local municipalities, which are unable to provide sites for low cost housing within their jurisdictions. J. Other important Housing Element Policies • Policy 1.8: the county shall expedite permits for housing projects utilizing new construction technologies, including green building programs and Energy STAR® Program. • Policy 1.9: the county shall support housing developments near transportation hubs, major employment centers, and mixed use development by expediting the permit process for these types of housing projects. • Policy 4.10: the county shall assist non-profit housing organizations in establishing Community Land Trusts(CLT) by providing technical support to those organizations. • Policy 4.11: the county shall assist non-profit organization in establishing Community Development Corporations (CDC) by providing technical support to those organizations. • Policy 4.12: the county shall assist employers with establishing employer assisted housing projects by providing technical support to those employers. • Policy 4.13: the county shall create a new private/public housing trust fund. Affordable Housing Incentive Strategies Evaluation The County's affordable housing incentive strategies are implemented through application of the county's Land Development Regulations and enforcement of the county's Comprehensive Plan policies. All of the County's affordable housing incentive strategies are being implemented as intended. As a result, these strategies are reducing the cost of housing in the county. F:\Community Development\SHIP\LHAP\2015-2018 LHAP\LHAP 2015-2018 new format - with codes.docx e9,79" 48 IV. EXHIBITS: A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A. B. Timeline for Encumbrance and Expenditure: Chapter 67-37.005(6)(d) and (I) F.A.C. A separate timeline for each fiscal year covered in this plan is attached as Exhibit B. Program funds will be encumbered by June 30 one year following the end of the applicable state fiscal year. Program funds will be fully expended within 24 months of the end of the applicable State fiscal year. C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the Plan: Chapter 67-37.005), F.A.C. Completed HDGC for each fiscal year is attached as Exhibit C. D. Certification Page: Chapter 67-37.005(7), F.A.C. Signed Certification is attached as Exhibit D. E. Adoption Resolution: Section 420.9072(2)(b)2, F.S. Original signed, dated, witnessed or attested adopting resolution is attached as Exhibit E. F. Program Information Sheet: Completed program information sheet is attached as Exhibit F. G. Ordinance: If changed from the original ordinance, a copy is attached as Exhibit G. H. Interlocal Agreement: A copy of the Interlocal Agreement if applicable is attached as Exhibit H. I. Assets Inclusions and Exclusions: Exhibit I. J. Income Inclusions and Exclusions: Exhibit J. K. Definitions: Exhibit K. L. Existing Florida Building Code- Classification of Work: Exhibit L. 6-4/•49 EXHIBIT A Administrative Budget A maximum of ten percent (10) of the annual local distribution to the Indian River County Local Housing Assistance Trust Fund (IRCLHATF) may be expended to provide for the costs of administering and implementing the IRCLHAProgram. The Board of County Commissioners has made a finding by separate resolution that expenditures for administration and implementation of the IRCLHAProgram may exceed five percent (5%) of the IRCLHATF annual balance; however, at no time shall the funds expended for administration and implementation of the IRCLHAProgram exceed ten percent (10%) of the local distribution for that fiscal year. Besides the state annual allocation, the SHIP program trust fund receives other income from sources such as loans that are paid back and interest earned on the funds deposited into the affordable housing trust fund. These funds are referred to as program income. According to state rules, ten percent (10%) of the program funds may be used for administration expenditures. Expenditures of funds from the IRCLHATF shall be monitored on a regular basis for compliance with the expenditure limitation established by the Board of County Commissioners. Administration and implementation activities of the IRCLHAProgram, which may be funded with SHIP funds, shall be limited to those items associated with conducting the administration and implementation activities listed in this Plan. Examples of the items, which may be funded, include the following: a. Staff salaries and benefits to conduct the administration and implementation activities b. Purchase of office supplies and materials to produce materials and documents required for the program c. Travel expenditures related to conducting and operating the Program d. Expenses related to advertising the availability of funds d. Expenses for contract for professional services rendered for information or administration and implementation activities provided by third parties for the Program ‘%- 50 Exhibit A Exhibit A Admin Budget (Based on a state distribution of $661,000) Fiscal Year 2015 - 2016 Salaries and Benefits $51,100 Office Supplies and Equipment $3,000 Travel Perdiem Workshops, etc. $1,000 Advertising $1,000 Professional Services $10,000 Total $66,100 Fiscal Year 2016 — 2017 Salaries and Benefits $51,100 Office Supplies and Equipment $3,000 Travel Perdiern Workshops, etc. $1,000 Advertising $1,000 Professional Services $10,000 Total $66,100 Fiscal Year 2017 - 2018 Salaries and Benefits $51,100 Office Supplies and Equipment $3,000 Travel Perdiem Workshops, etc. $1,000 Advertising $1,000 Professional Services $10,000 Total $66,100 There will also be additional administrative income from SHIP program loan repayments and interest earned. iiP•51 Exhibit B TIMETABLE FOR STATE FISCAL YEAR Name of Loots OowINn •nt: INDIAN RNER COUNTY ..... ... ... Program AMO* Year ZMaaa• MOM/ Montl_ • • Ip 11 12 1 I a a • • 7 • • 1• 11 v 1 x • a • • pq.a. awgrM4..0 Marini Raped xo-n�ae1a.rµuremu Expense Paine Rae Pep., linger Directions: t1 A. Nae avail+ al M of funds a d applkatlon period II Enc mtiranc gouges (13 months following end of Slate FYCNY•ttl 3) Eapendeure of funds 94 month. folb*Ng end of State Fault/44 CI ...Annual Report to ENE<(seater.. INN , 52 ■ z 2 .L5ƒ � o k § owe wx zo z =o. o 2©&� (724'.6 I0 02! ) �\ k ƒ ) | k � � k ƒTo Available Fon 2015-15-HDGC-EXHIBI PORATION L YEAR. 2016-2017 8 8 8 8 8 8 8 0- 8 8 8 8 8i 8 808 00.4 8 a 2g5 i3 8 8 8 a 8 8 �Da 8 8 E. 8 S 8 8 8 8 a a ESE. E p a S 8 8 3- a 3 2 8 8 8 d a a` E a 8 8 LL 88 o a 8 8 a fi 8 b 8 g 6 8 R 8 88 8 8 8 m 4 8 2C16-'.7-HDGC-EXHIBITC.Housing Delivery Chart _z o F' a 0 r O (Cu) W o 2 allo (7c�cWi w J N 004 =00 _0 EW SO= Jv LL o O U � W r 0 W 4F N U E 0 hibit C CY-56 2016.16-HDGC-EXHIBiTC — .r �:;IIIIIIIJ \\]»\ t { ! \�/\`\ � \ < 111111 .: Si2? / j 1\ 7 }«//i�\} \\ I, \, iI � , m 1111 TION IR: 2015-2016 © 524,078.00 $250 MO 00 1IIO ` 1!M � f` / ) Exhibit FLORIDA HOUSING FINANCE HOUSING DELIVERY GOALS CHART STRATEGIES FOR THE LOCAL HOUSING ASSISTANCE PLAN FOR SD Name of Local Government Indian River County INF 1111 . /\}\\ /\ \ �\}\\! §fr4�©:1<» ::IIII \\ lain i 11111 }\»! `„ ¢ !\{ �i�\ }! \ •., \' 1GGRAND TOTAL ! ) \ Very-Low Income Low Income Moderate Income TOTAL CY-56 2016.16-HDGC-EXHIBiTC a 8 1 o 4 go Q. U c `c/1`1•3' U z=o Z Q N z Z LLog L1 -q x .02z z O NQ 0 Q = W 8 U X W WW 2 8 8 8 8 R 8 88 8 .8 88 8 8 8 8 55 8 8 S 8 8 8 a a 8 8 QQ8 a 8 8 8 a 8 0 880 Sts 855 8 55 8 f S 55 1 8 8 8 8 8 8 8 8 8 s 8 0 fa 8. a R 8 8 R 8 S bra 8 55 R Si S R C 55 6.Y.57 8 8 8 b 8 8 1 8 LL S x A 8 m 1 55 0 { 0 0 8 8 2 8 z CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Name of Local Government: Indian River County Exhibit `-commented I1/313]: To be deleted (1) The local government will advertise the availability of SHIP funds, if available, pursuant to Florida Statutes. (2) All SHIP funds will be expended in a manner which will insure 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, at any time, 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 insure 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. 6y.59 (14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies. (15) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements. Similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program 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 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 Chief Elected Official or designee Witness Type Name and Title Date OR Attest: (Seal) Formatted: Top: (No border), Bottom: (No border), Left: ' (No border), Right: (No border) 6V•60 2015 Exhibit D 67-37.005(1), F.A.C. Effective Dute: 10/14 CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Local Government: Indian River County (1) The local government will advertise the availability of SHIP fonds pursuant to Florida Statutes. (2) All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, fatnilial 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 awards. (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 arc received. (8) The plan conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initialed at the next available Opportunity to insure conformance with the Local Housing Assistance Plan. (9) Amendments to the approved Local Housing Assistance Plan shall be provided to the Corporation with in 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 such as interest earned on loans. (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 as soon as available. '9'/ INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E. Cr"-• Public Works Director FROM: James D. Gray, Jr. Coastal Engineer SUBJECT: DATE: CONSENT AGEND Full Release of Retainage for CB&I Coastal Planning and Engineering Work Order No. 3 — Beach Preservation Plan Update 2014 April 13, 2015 DESCRIPTION AND CONDITIONS On March 19, 2013 the Board approved a contract with CB&I Coastal Planning and Engineering (CB&I) for professional coastal engineering services in Indian River County for a two-year term, 2013-2015. On March 17, 2015, the Board renewed the contract until March 19, 2017. CB&I is the selected County consultant for professional engineering services related to the Beach Preservation Plan Update 2014. Work Order No. 3 to this contract provided for services related to 2014 update to the County Beach Preservation Plan. The Board approved Work Order No. 3 amount was $199,953 and includes 10 separate tasks. All tasks under Work Order No. 3 are now complete. The subject of this agenda item is the release of the withheld retainage in the amount of $19,995.30. FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding for the release of retainage is from Account # 128-206001-06062. F:\Public Works\JarnesG\BPP Update 2013-14\Work Order # 3\memo full release of retainage CBI Work Order No. 3 - Beach Preservation Plan Update 2014.docx Page 2 BCC Consent Agenda Item Beach Preservation Plan Update 2014 April 13, 2015 RECOMMENDATION Staff recommends the Board approve the release of all withheld retainage for Work Order No. 3 in the amount of $19,995.30. ATTACHMENT CB&I Coastal Planning and Engineering Release of Retainage Invoice No. 2092389-R8-00526, dated April 7, 2015. APPROVED AGENDA ITEM FOR: April 21, 2015 Indian River County Approved Date Administration -= /AV/5- Budget " 4 6 Legal 4 !-I I`I L:, Public Works V-63-1.5- -i3-i5Coastal CoastalDivision job 411316 F:\Public Works\JamesG\BPP Update 2013-14\Work Order # 3\memo full release of retainage CBI Work Order No. 3 - Beach Preservation Plan Update 2014.docx 66 James Gray Indian River County Public Works- Coastal Engineering Division 1801 27th Street. Building A Vero Beach, FL 32960 Billing Period: through 4/6/15 Consultant's Project # 150951 Professional Engineering Services Invoice for: Beach Preservation Plan Work Order # 3 TASK CONTRACT AMOUNT COMPLETE Update of Beach Conditions $17,398.00 100% 517,398.00 517,398.00 $1,739.80 Public Meetings $8,516.00 100% $8,516.00 58,516.00 $851.60 Sector Boundaries & Beach Mgmt Strategies $20,198.00 100% $20,198.00 $20,198.00 $2,019.80 Public Access inventory $1.583.00 100% $1,583.00 $1,583.00 5158.30 Coastal Modeling- Detft3D Alternatives Anal $102,624.00 100% $102,624.00 $102,624.00 $10,262.40 AMOUNT COMPLETED CB&I Coastal Planning & Engineering, Inc. 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www. CBI.con1 4/7/2015 Invoice # 2092389-R8-00526 RETAINAGE INVOICE PREVIOUSLY BILLED RETAINAGE DUE Coastal Modeling -Vulnerability Analysis 538,887.00 100% $38,887.00 538,887.00 $3,888.70 Storm Damage Reduction Analysis Recreational Benefit Analysis $3,314.00 100% $3,314.00 53,314.00 $331.4D Economic Analysis 53,784.00 100% $3,784.00 53,784.00 $378.40 Funding Alternatives $2,568.00 100% $2,568.00 52,568.00 $256.80 Implications of Sea Level Rise $1,081.00 100% $1,081.00 51,081.00 5108.10 Please Mall Check To: Sub -Total: 5199,953.00 5199,953.00 $199,953.00 $19,995.30 TOTAL CURRENT AMOUNT DUE THIS INVOICE 519,995.30 CB&I Coastal Planning & Engineering, Inc. 39001 Treasury Center Chicago, IL 60694-9000 TOTAL RETAINAGE WITHHELD: 519,995.30 !NDlAN til`lElt COUNTY PU LlC VJOIJ + APPROVER DATE DIRECTOR L DIV. HEAD P.O. V C r 67 150951 April 7, 2015 James Gray Indian River County Public Works — Coastal Engineering Division 1801 27th St., Building A Vero Beach, FL 32960 Subject: Indian River County Beach Preservation Plan 2014 Update Work Order #3 CB&I Invoice #2092389-R8-00526 Dear James: CB&I Coastal Planning & Engineering, Inc. 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.CBI.com This letter is provided to support the release of retainage for payment in the amount requested under Invoices #2092389-R8-00526. CB&I has completed Tasks 1 through 10 as required under the work order referenced above. Provided that County is in agreement that the scope of work has been fulfilled, it is requested that the retained amount be released for payment. Please feel free to contact us for additional information or clarification. Sincerely, CB&I COASTAL PLANNING & ENGINEERING, INC. f . David Swigler, P.E. Coastal Engineer cc: Debra Neese, CB&I Gordon Thomson, CB&I P:\Indian River\150951_WO#3_2014_Beach_Preservation_Plan_Update\_Project_Management\IRC Invoices\ IRC - WO #3 - Invoice Report #5 - 04-07-2015.docx 68 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION U V DATE: TO: THROUGH: FROM: April 13, 2015 BOARD OF COUNTY COMMISSIONERS Joseph A. Baird, County Administrator Jason Brown, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager( SUBJECT: Recommendation of Award for Bid 2015035 — Lakes Course Bunker Redesign on Holes #4 and #5 BACKGROUND: Sandridge Golf Club staff requested the solicitation of bids for renovations to the bunker complex on holes #4 and #5 on the Lakes Golf Course. The area requires improvements to drainage to alleviate washouts and improve overall aesthetics. BID RESULTS: Bid Opening Date: Advertising Date: DemandStar Broadcast to: Specifications Requested by: Replies: BID TABULATION: April 7, 2015 March 16, 2015 521 Subscribers 20 Vendors 3 Vendors Bidder Location Total Bid Price Briggs Golf Construction, Inc. Jupiter, FL $61,800.00 Bay Head Consulting, Inc. Sebring, FL $68,670.00 Sadler's Site Work, LLC. Polk City, FL DQ* *Sadler's Site Work bid disqualified for failure to acknowledge issued addenda SOURCE OF FUNDS: Funding for the work is budgeted in the amount of $75,000 from Golf Club Operating revenues and available in Sandridge Golf Course Maintenance Landscape Materials account 41822172-035340. RECOMMENDATION: Staff recommends the Board approve award to the lowest responsive and responsible bidder, Briggs Golf Construction, Inc. for $61,800.00. Staff further recommends the Board authorize the Chairman to 69 CONSENT AGENDA execute the attached agreement upon review and approval of the agreement by the County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance by the Risk Manager. Attachment: Sample Agreement APPROVED AGENDA ITEM ,` %% i BY: cc�1C1.��-�Y ) �/ (j Y1f ),(11,Lid seph A. e'aird, County Administrator FOR 704 -Le cQ/ ,Q015 — Indian River Co App . d Date Admin Legal 0 i is +� Budget /IS" Department =ilk a /.i Risk Manager --- Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Briggs Golf Construction, Inc. (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: Lakes bunker re -design on holes 4 & 5 at Sandridge Golf Course. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work generally described as follows: Project Name: Bid Number: Project Address: ARTICLE 3 - CONTRACT TIMES under the Contract Documents may be the whole or only a part is Lakes Bunker Re -Design on Holes 4 & 5 2015035 Sandridge Golf Club 5300 73rd Street Vero Beach, FL 32967 3.01 Term: This Agreement shall remain in effect for a term of one (1) year, unless otherwise sooner terminated by mutual consent of the parties. 3.02 Time of Completion: Project shall be completed 30 days from receipt of the Notice to Proceed. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.B, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $ 61,800.00 Written Amount: Sixty-one thousand, eight hundred dollars and zero cents 1 71 ARTICLE 5 - PAYMENT PROCEDURES 5.01 Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6.01 The CONTRACTOR shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the COUNTY's Risk Manager. 6.02 CONTRACTOR shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein. The cost of such insurance shall be included in the CONTRACTOR's fee: A. Workers' Compensation: To meet statutory limits in compliance with the Workers' Compensation Law of Florida. This policy must include employers' liability with a limit $1,000,000 for each accident, $500,000 disease policy limit and $100,000 disease each employee. Such policy shall include a waiver of subrogation as against Owner on account of injury sustained by an employee(s) of the CONTRACTOR. B. General Liability: A per occurrence form policy, including Premise Operations, Independent Contractors, Products and Completed Operations including X, C, U (Explosion, Collapse, Underground) Broad Form Property Damage, Broad Form Property Damage Endorsement, with a combined single limit of not Tess than $1,000,000 general aggregate to include products/completed operations, personal injury/advertising liability, fire damage /legal liability, and medical payments. Limits can be layered with an Excess Liability Policy (Umbrella). C. Business Automobile Liability: Coverage shall include Owned vehicles and Hired/Non-Owned vehicles, for a combined single limit (bodily injury and property damage) of not less than $1,000,000/combined single limit (Bodily Injury/Property Damage); personal injury protection - - statutory limits; $100,000 uninsured/underinsured motorist; $100,000/hired/non-owned auto liability. Limits can be layered with Excess Liability Policy (Umbrella). 6.03 Contractor's insurance coverage shall be primary. 6.04 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A -VII or better. 6.05 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 6.06 A certificate of insurance shall be provided to the COUNTY's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 6.07 The insurance companies selected shall send written verification to the COUNTY's Risk Manager that they will provide 30 days prior written notice to the COUNTY's Risk Manager of its intent to cancel or modify any required policies of insurance. 2 72 6.08 CONTRACTOR shall include all Subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to all of the requirements stated herein. 6.09 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and to reasonably adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the CONTRACTOR with separate written notice of such adjusted limits and CONTRACTOR shall comply within thirty (30) days of receipt thereof. The failure by CONTRACTOR to provide such additional coverage shall constitute a default by CONTRACTOR and shall be grounds for termination of this Agreement by the COUNTY. 6.10 The CONTRACTOR shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, arising out of or related to the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 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 Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. 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. 3 73 G. 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. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 The Contract Documents consist of the following: A. This Agreement (pages 1 to 6 , inclusive); B. Certificates of Liability Insurance C. Invitation to Bid 2015035 D. CONTRACTOR'S Bid Form (pages 11 to 12 of 21 , inclusive); E. Affidavit of Compliance (page 13 of 21 ); F. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 14 to 15 of 21 , inclusive); G. Addenda 1 through 2 ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 4 74 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 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. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Consultant upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. B. Failure of the Consultant to comply with these requirements shall be a material breach of this Agreement.lN 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. 5 75 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: INDIAN RIVER COUNTY By: Wesley S. Davis, Chairman By: Joseph A. Baird, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Bela Nagy Title: Director of Golf Sandridge Golf Club 5300 73rd Street Vero Beach, FL 32967 (772) 770-5003 Facsimile: (772) 770-5109 6 CONTRACTOR: By: (Contractor) Attest (CORPORATE SEAL) Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 76 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: April 13, 2015 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrator Jason Brown, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manage" SUBJECT: Recommended Selection of Architect for Courthouse Renovations — RFQ 2015028 BACKGROUND: On behalf of the Public Works Department and in accordance with FS 287.055, Requests for Qualifications (RFQs) were solicited for professional architectural and engineering services for interior renovations to at the Courthouse. The project will include relocation of Land Records and the Juvenile Department to the first floor Law Library and converting the vacated area into a new Courtroom. RFQ RESULTS: Advertising Date: RFQ Opening Date: DemandStar Broadcast to: Specifications Requested by: Replies: January 26, 2015 March 3, 2015 at 2:00 pm 823 Subscribers 43 Firms 5 Firms Proposing Firm Location CRA Architects Tallahassee, FL Donadio & Associates Vero Beach, FL Edlund, Dritenbas, Binkley Vero Beach, FL PGAL Boca Raton, FL TTV Architects Jacksonville, FL ANALYSIS: A selection committee comprised of Jason Brown, Budget Director, Chris Burr, Facilities Manager, Cindy Carlsward, Chief Deputy, Courts & Recording, Chris Mora, Public Works Director, and Judge David Morgan independently evaluated and scored the statements of qualifications in accordance with FS 287.055 and the County Purchasing Manual. These scores were compiled by the committee and an overall ranking of the submittals developed. The top three ranked firms were invited to participate in interviews. After the invitation, the third -ranked firm, CRA Architects asked to withdraw its submittal from consideration, and the fourth-ranked firm, TTV Architects, was invited to interview in their place. 77 CONSENT AGENDA After the interviews, the committee members again independently ranked the firms and a committee ranking was compiled. Staff proposes to enter negotiations with the top ranked firm. The final ranking established by the committee is: 1. PGAL 2. Edlund, Dritenbas, Binkley, Architects & Associates, P.A. 3. TTV Architects 4. Donadio & Associates 5. *CRA Architects withdrew from consideration prior to interviews FUNDING: Funding for the renovations will be from the Court Facility Surcharge in account 14022019-066510- 12009 (Facility Management — New Courtroom Facilities), with $213,750 currently budgeted and available for the design phase. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking and authorize negotiations with PGAL (and the subsequently ranked firms, should negotiations with the top ranked firm fail) in accordance with FS 287.055, Consultant's Competitive Negotiation Act. APPROVED AGENDA ITEM BY: / seph Af Baird, County Administrator FO . Oita di, n9 Indian River Co Ap.. Date Admin Legal �,' Tit:dill. Budget Public Works V•43115— •,(3 ISRisk Risk -- S 78 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: April 13, 2015 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrat Jason E. Brown, Budget Director FROM: Jennifer Hyde, Purchasing Manag SUBJECT: Approval of First and Second Extension to Agreement for Full Service ATM Installation and Maintenance BACKGROUND: On August 16, 2011, the Board of County Commissioners awarded RFP 2011043 Full Service Automated Teller Machine (ATM) Installation and Maintenance to Oculina Bank for machines located in Admin Buildings A and B. The initial term was for 36 months with two 12 -month extensions available. The initial term was through August 15, 2014 and staff would like to exercise both available extensions, to extend the term of the agreement through August 15, 2016. SOURCE OF FUNDS: No funding is allocated for these services, however individual users are charged a $1.50 transaction fee. RECOMMENDATION: Staff requests the Board of County Commissioners approve of the attached Renewal to the Agreement for both the first and second available extensions and authorize the Chairman to execute the Extension. ATTACHMENTS: Extension to Agreement APPROVED AGENDA ITEM BY: (CIndil) d seph A! Baird, County Administrator J Indian River Co . .ro ed Date Admin . Legal/.. '' i Budget 411 )5 79 FIRST RENEWAL OF AGREEMENT FOR FULL SERVICE AUTOMATED TELLER MACHINE (ATM) INSTALLATION AND MAINTENANCE SERVICES FOR INDIAN RIVER COUNTY, FLORIDA This shall serve as mutual consent to exercise both renewals of the Agreement between Indian River County and Oculina Bank, 4450 24th Avenue, Vero Beach, FL ("ATM Owner") from August 16, 2014 to August 15, 2016. All provisions of the original agreement, approved August 16, 2011 shall remain in full force and effect. OCULINA BANK INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By� ( '1 By: ( u, horized Signature) Wesley S. Davis, Chairman, Board of County Commissioners Approved as to form and legal sufficiency: Date (Corporate Seal) I/ 04r— • Dylan Reingold, County Attorney Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller By: Deputy Clerk 80 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT STORMWATER DIVISION 1801 27th STREET VERO BEACH, FLORIDA 32960 Phone: (772) 226-1562 Consent Agenda TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Dire and THROUGH: Vincent M. Burke, P.E., Utility Director FROM: W. Keith McCully, P.E., Stormwater Engineer HA SUBJECT: OSPREY MARSH STORMWATER PARK: CHANGE ORDER NO. 5 DATE: April 10, 2015 INTRODUCTION The purpose of this Agenda Item is to request the Board of County Commissioners to approve Change Order No. 5 for the Osprey Marsh Stormwater Park construction project.' This change order contains several items that are summarized in the Change Order and its attachments. All of the proposed change order items are necessary and will greatly increase ease of operation and maintenance of the facility. When the County Commission awarded the Osprey Marsh construction contract, it also approved a $351,000 construction contract contingency reserve fee. The contingency fee was exceeded with Change Order No. 3 (for a contract increase of $253,744.13) that was required by IRFWCD construction criteria. The contract amount increase associated with Change Order No. 5 is $70,310.93. If Change Order No. 5 is approved, the contract price will increase to $6,211,784.93. ' Osprey Marsh (formerly known as PC South), is a regional stormwater pollution reduction facility similar to Egret Marsh Stormwater Park that uses algae to remove dissolved nutrients from polluted water. Construction bids were received on June 5, 2013. On July 16, 2013, the County Commission awarded a $5,856,660.20 construction contract to low bidder Close Construction, LLC (Close). The County issued a Notice -to -Proceed to Close on August 28, 2013. Since then, four change orders have been issued, resulting in a net $284,813.80 increase in the contract price to $6,141,474.00. F:\Public Works\KeithM\Stormwater Projects\PC South Construction\Agenda Items\Agenda - Change Order No. 5.doc 81 Page 2 Osprey Marsh — Change Order No. 5 BCC Meeting — April 21, 2015 April 10, 2015 ANALYSIS Alternative No. 1 — Accept Change Order No. 5 and authorize the Chairman to execute Change Order No. 5. Alternative No. 2 — Reject Change Order No. 5. FUNDING The additional cost of $70,310.93 will be split 70% Utilities and 30% Optional Sales Tax: $49,217.65 will be funded from Utilities/WIP/South County Brine Disposal, Acct# 471- 16900-12502 and $21,093.28 from Optional Sales Tax/Public Works/Pollution Control South, SW, Acct# 31524338-066510-06050. RECOMMENDATION Staff recommends the Board of County Commissioners: 1. Approve Alternative No. 1 — Accept Change Order No. 5 and authorize the Chairman to execute Change Order No. 5. ATTACHMENTS 1. Change Order No. 5 with attachments from Close Construction, LLC (one copy) APPROVED AGENDA ITEM FOR: April 21, 2015 BY: Indian River County .. oved Date Administrator %► 9%/% f i ? Budget 1 4115/15 Legal ,, `-1 1 i .7 Public Works C`''^v• 41- a —AS- Stormwater Engineering v "t - 10-2106 Utilities AW 4-11iIii z / i I.r -4` !7 ii 2 F:\Public Works\KeithM\Stormwater Projects\PC South Construction\Agenda Items\Agenda - Change Order No. 5.doc 82 CHANGE ORDER NO. 5 DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: INDIAN RIVER COUNTY CONTRACTOR: CLOSE CONSTRUCTION, LLC PROJECT: PC South Algal Nutrient Removal Facility OWNER'S PROJECT NUMBER: 949 ENGINEER: INDIAN RIVER COUNTY You are directed to make the following changes in the Contract Documents: Item 5.1 Description Furnish and install submersible pump in existing well, furnish and install hydropneumatic tank and pressure controls, piping, valves, etc. and connect to existing Gorman -Rupp pump. Reason: To insure the Gorman -Rupp pump does not lose prime. Due to the long suction line length required by SJRWMD, there is concern that the Gorman -Rupp pump will lose prime, causing significant and continuous maintenance issues. Revise center harvest flume bottom elevation at discharge tie-in point per email description to Close Construction dated 9-5-2014. Reason: This revision is necessary due to a conflict in the Construction Drawings. Revising the elevation 5.2 will make harvesting operations much easier for staff. Extend the concrete work pad at the South Relief Canal Pump Station site. 5.3 Reason: To provide a safer work area. Furnish and install Type 316 stainless steel fasteners on the flanged aboveground RO brine line discharge fittings. Reason: To provide more robust corrosion resistance. (The project was bid under Utility Division specifications that did not 5.4 require Type 316 stainless steel fasteners.) Furnish and install a single pipe support for the vertical aboveground RO brine line discharge into the headworks structure. Reason: Additional support is needed to 5.5 resist water forces within the pipeline. Furnish and install an additional 6" well for the recycle water system. The well shall be approximately 100 feet deep with 40 feet of 0.030 slot screen, identical to the three wells installed in Change Order No. 4. Reason: The original well placement design assumed the recycle water system wells would be constructed at 50 foot spacing. SJRWMD requires 100 foot spacing between wells which significantly increases the length of the centrifugal pump's suction pipe, which reduces the flow that can be pulled from each well by the pump. A fourth well is required to provide additional flow capacity. Increase the recycle water system pump suction line trom 4" diameter to 6" diameter. Reason: The pump suction pipe must be increased because SJRWMD requires 100 foot spacing between wells, increasing the overall distance of the pump suction line. A larger diameter pipe is necessary to reduce the pump suction head which will allow increased pumping capacity. 5.6 5.7 5.8 5.9 5.10 5.11 5.12 Permit plan revision fee charged by the IRC Building Department. Reason: The electrical design was modified requiring another Building Department review. Delete approximately 14.3 cubic yards of 1" to 3" diameter washed brown river quartz at the South Relief Canal site. Reason: Will be replaced by concrete drive/work slab. Delete approximately 72 square yards of filter fabric at the South Relief Canal site. Reason: Will be replaced by concrete drive/workasphalt pavement at the Delete approximately 53 square yards of 2" type SP 12.1 P South Relief Canal site. Reason: Will be replaced by concrete drive/work slab. Delete approximately 56 square yards of 8" limerock base at the South Relief Canal site. Reason: Will be replaced by concrete drive/work slab. Delete approximately 59 square yards of 12" stabilized subgrade at the South 5.15Relief Canal site. Reason: Will be replaced by concrete drive/work slab. Increase/Decrease 1 Increase/Decrease in Contract Time in Contract Price (Calendar Days) $8,965.00 $2,896.03 $4,270.00 $359.10 $1,507.59 $5,885.00 $10,783.45 $50.00 ($1,760.88) ($117.53) ($789.47) ($374.39) ($148.50) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 83 Add approximately 11 linear feet of guardrail at the South Relief Canal site. 5.14 Reason: Design modification to comply with field conditions. At the South Relief Canal site, construct approximately 171 square yards of 8" thick reinforced concrete drive/work slab per the 2-23-2015 revision on Sheet P1AA, including testing services for concrete, subgrade, and base. Reason: To provide stronger and firmer work/driving surface. Increase the number of landscape watering events by 24 and increase the number of exotic elimination events by 2. The landscape watering events will be billed on a per each basis at $412.50/event and the exotic elimination events will be billed on a per each basis at $1,375 per event. Reason: Construction of the project is taking longer than anticipated when the landscaping services were added to the contract, thus requiring additional watering and exotic control events. Modify steps to control building per County Building Department. Reason: The work is necessary to meet Building Code compliance. Delete Bid Item No. 3.70 in its entirety Remove and dispose of approximately 20.4 square yards of deteriorated existing asphalt driveway and base at the South Relief Canal site. Reason: Part of the existing asphalt driveway to the site from 27th Avenue is buckling and failing. It will be removed and replaced with a concrete driveway (included in Item 5.15) 5.20 Insurance adjustment due to increase in contract price (1%) 5.21 Bond increase due to increase in contract price ($11. 1 per one thousand) TOTALS 5.15 5.19 CHANGE IN CONTRACT PRICE Description Original Contract Price Net increase/decrease from previous Change Orders Contract Price prior to this Change Order Net increase/decrease of this Change Order Contract Price with all approved Change Orders CHANGE IN CONTRACT TIME (Calendar Days) Description Original Contract Time for Final Completion Net increase/decrease from previous Change Orders Contract Time for Final Completion prior to this Change Order Net increase/decrease of this Change Order to Final Completion Contract Time for Final Completion with all approved Change Orders ACCEPTED: CONTRACTOR (Signature) Close Construction, LLC 7hoinas 0-C/ose, 1116Mti (Name and Title) Date: 01-1- V8-«/ eM be $251.90 $20,966.00 $12,650.00 $5,418.60 0.0 0.0 ($2,535.00) 0.0 $578.89 $688.56 $766.59 $70,310.93 0.0 0.0 0.0 0.0 Amount $5,856,660.20 $284,813.80 $6,141,474.00 $70,310.93 $6,211,784.93 Amount 365.0 103.0 468.0 0.0 468.0 RECOMMENDED. E EER (Signature) - eith McCuII P.E., Indian River County Stormwate Engineering Division Date: to-2b/S OWNER: Indian River County Board of County Commissioners Chairman Date: 84 CLOS Construction, LLC CHANGE ORDER PROJECT: PC South Algal Nutrient Removal CHANGE ORDER NUMBER: 5R4 (Name, address) Facility 1225 5th Street, SW Vero Beach, FL 32962 CONTRACTOR: Close Construction, LLC (Name, address) 301 N. W. 4th Ave. Okeechobee, FL 34972 The Contract is changed as follows: DATE: 04.07.2015 ARCHITECTS PROJECT NO 949 CONTRACT DATE: 07.16.2013 CONTRACT FOR: Additional work added by Owner request and direction. See attached breakdown detailed decription of work and price changes. Change Order Total $ 70,310.93 The original (Contract Sum) (Guaranteed Maximum Price) was...... $ $ 5,856,660.20 Net change by previously authorized Change Orders $ $ 284,813.80 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was $ $ 6,141,474.00 The (Contract Sum) (Guaranteed Maximum Price) will be (increased).(decreased) (unchanged) by this Change Order in the amount of $ $ 70,310.93 The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order will be $ $ 6,211,784.93 The Contract Time will be (increased) (decreased) (unchanged) by ( ) days. NOTE This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. OWNER CONTRACTOR Indian River County Close Construction, LLC Address Address 1801 27th Street 301 N.W. 4th Ave. Vero Beach, FL Okeechobee, FL 34972 BY BY DATE DATE 85 Change Order Number 5 Item 5.1 Install submersible pump in existing well. $ 8,965.00 See attached breakdown and backup. 5.2 Center Flume Tie-in Point Modification $ 2,896.03 See attached breakdown. 5.3 Additional concrete pad at SRCPS $ 4,270.00 See attached breakdown. 5.4 Fumish & install 316SS fasteners shown on C15A $ 359.10 See attached breakdown and backup. 5.5 Fumish & install single vertical pipe support. $ 1,507.59 See attached breakdown and backup. 5.6 Fumish & install add'I 6" well. $ 5,885.00 See attached breakdown and backup. 5.7 Increase recycle water system pump suction line diameter $ 10,783.45 See attached breakdown and backup. 5.8 Permit plan revision fee $ 50.00 See attached backup. 5.9 Delete approx. 14.3cy of river quartz at CPS $ (1,760.88) See attached breakdown and backup. 5.10 Delete approx. 72sy of filter fabric at CPS $ (117.53) See attached breakdown and backup. 5.11 Delete approx. 53sy of asphalt pavement at CPS $ (789.47) See attached breakdown. 5.12 Delete approx. 56sy limerock base at CPS $ (374.39) See attached breakdown and backup. 5.13 Delete approx. 59sy subgrade at CPS $ (148.50) See attached breakdown. 5.14 Add approx. 111f guardrail at CPS $ 251.90 See attached breakdown and backup. 5.15 Add approx. 171 sy concrete at CPS $ 20,966.00 See attached breakdown and backup. 5.16 Add'I landscaping events $ 12,650.00 See attached breakdown and backup. 5.17 Modifications to control building for code compliance $ 5,418.60 See attached breakdown and backup. 5.18 Delete Bid Item 3.7 in its entirety - Abandon RO Concentrate piping at $ (2,535.00) South County RO Water Treatment Plant per Sheet OF1. 5.19 Remove and dispose of approx. 20.4 SY of deteriorated existing asphalt $ 578.89 at the SRCPS. Part of existing asphalt driveway to the site from 27th Ave. is buckling and failing. It will be replaced with concrete (item 5.15) Change Order Subtotal Insurance - 1% Bond - $11.11 per one thousand Change Order Total $ 68,855.78 $ 688.56 $ 766.59 $ 70,310.93 5.1 Install Submersible pump in existing well Additions Quantity Unit Unit Price Total Well work, Labor & material 1 LS $ 5,000.00 $ 5,000.00 Electrical work 1 LS $ 2,800.00 $ 2,800.00 $ 7,800.00 Sales tax on well work 7% $ 350.00 $ 8,150.00 Subtotal $ 8,150.00 10% O&P $ 815.00 Total for CO5-4 $ 8,965.00 **The original quote that was received from American Drilling Services did not specify the quote was without tax. Therefore CCL submitted only the information available as documentation for the earlier change. Subsequently, American invoiced CCL for work that included sales tax. CCL has now included the invoiced sales tax in this change order request. Change Order Item 5.1 AMERICAN DRILLING SERVICES, INC. 405 SW 2ND STREET OKEECHOBEE, FL. 34974 (863) 763-3221 October 1, 2014 Dear Chris, Thank you for allowing me to bid on pressurizing the existing 6" well. If you pressurize this well it will be good for priming the new 7.5 hp Gorman -Rupp. Due to the larger diameter wells and suction lines, priming can be difficult. The well can also be used by the irrigation contractor to get the trees watered in for the first year. This well is good to have, I would not recommend abandoning the well as long as you are able to find a reasonable beneficial use for it. We appreciate the opportunity to do business with you! Sincerely, Frank DeCarlo Bid Goes As Follows; 1.) Install a 5hp submersible pump 2.) Install a 42 -gallon equivalent bladder tank 3.) Install a 2" cycle stop valve 4.) Install a 2" tee and gate valve for the irrigation connection 5.) Connect the system to the new 7.5 hp Gorman -Rupp pump for easy priming. Total Price $5,000.00 5.2 Modify center flume tie in point CCL Materials Concrete placement Fabricate & Install Structural aluminum C Channel Sales Tax (Aluminum only) Subtotal Additions 1 gallon bituminous paint 1 LS 1 LS $ 2,200.00 $ 2,200.00 $ 325.00 $ 325.00 7% $ 22.75 $ 2,547.75 1 EA $ 85.00 $ 85.00 Subtotal $ 2,632.75 10% O&P $ 263.28 Total $ 2,896.03 **CCL was concemed about driving Targe concrete trucks across the existing floway. Therefore it was required to ferry the concrete across the floway using two (2) bobcats. Change Order Item 5.2 Grove Welders Inc. 1035 9th Street SW Vero Beach, FL 32962 Phone # Fax # Estimate 772-569-1222 772-5694362 Date Estimate # 1/6/2015 15-15A 91 Name / Address If this quote uses steel or alumumm, itis based on Close Construction 301 NW 4th Aver= Okeechobee, FL 34972 the current prices and is subject to the availability & price at the time of the order. - Otherwise, this quote Is good for 15 days. P.O. No. W. 0, # QUOTE _.�..w.:.:e.:.:..-•-r... -e-=: r...: n r....:::�;.r=_.�.;-r:. � t . r:.... e _. , ..:-r_; ;__;,..i÷H_ _ _ _ _ .=r..'._ ..� ..........:.: The following Som for price is to fabricate and install two pieces of 6' all min mi channel approximately 45 1t2" long located in two places in flow -way at the new Indian Rive County Filtration (285 27th Avemu SW .t Oral). Both pieces will be custom fit and tacked into position. 0.00 ea 1 LUMP SUM Cut, writer, install creme! in spillway /charnel 32100 325-00T 1 A prove ._ se Coast, ` , • ltd `iS 't° 'te ' lath -.•,.:'tryl..7,.'igtla%�.Ji e Cij . l� C .. 3Jo # S1(7� 1.1 - iS i Subtotal $325.00 Sales Tax (7.0%) $22.75 Signature Total $347.75 91 PROPOSAL '1U1'4417 s n fo iu Jc Proposal Submitted To: C:--Xeaer Address Phone # Page # of pages Job Name Job # Job Location Date / , ! / 5 - Fax # Date of Plans Architect We hereby submit specifications and estimates for. tip S sr it- '— 7 -Zoo Change Order Item 5 2 We propose hereby to furnish material and labor — complete in accordance with the above specifications for the sum of: $ Dollars with payments to be made as follows. Any alteration or deviation from above specifications involving extra costs will be Respectfully executed only upon written order, and will become an extra charge over and submitted above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control_ Note — this proposal may be withdrawn by us if not accepted within days. Acceptance of Proposal The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. Date of Acceptance Signature Signature J MPS. FORM 3850 Mer !NHS 92 5.3 Extend concrete work pad at CPS Materials Quantity Unit Unit Price Total 24' x 16' concrete work pad 42.7 SY $ 100.00 $4,270.00 Unit price used same as Item 3.33 Total Additions for 5.3 $4,270.00 5.4 Stainless steel fasteners as shown on C15A Additions Quantity Unit Unit Price Total Materials 5 Each $ 61.02 $ 305.10 Sales Tax 7% $ 21.36 $ 326.46 10% O&P $ 32.65 Total $ 359.10 QTY SIZE DESCRIPTION UNIT $ EXT $ Change Order Item 5.40 EXPOSED - @ PS PAD 2 08" 2 08" X 01'-00" 2 08" X 01'-00" 2 08" 2 08" X 01'-00" 2 08" X 01'-00" 2 1/4"X04" 2 1/4" 2 114" X 02" 2 W' 2 V4" 2 08" 2 08" 1 08" X 01'-00" 1 08" 1 12" X 08" 1 12" 1 08" X 03'-00" 2 08" X 04" 2 04" 2 04" X 00'-06" 2 04" 2 08" X 01-06" 2 08" 24 08" DI FLG 45 BEND (401 LINED) $217.14 $434.28 FLG X FLG DIP (401 LINED) $194.39 $388.79 FLG X PE DIP (401 LINED) $131.57 $263.15 FLG COUPLING ADAPTER FOR DIP (EPDXY COATED W/ $470.00 $940.00 ALLOY BOLTS & NUTS) (OR EQUAL) HARNESS RESTRAINT FOR FCA (4 EA SHOP COATED $190.17 $380.35 CARBON STEEL W/ 2 EA 5/8" X 01'-00" 316SS ATR W/ NUTS & WASHERS) FLG X FLG DIP W/ 1/4" TAP (401 LINED) $206.22 $412.45 316SS SCH 40 THRD NIPPLE $1.77 $3.54 316SS THRD BALL VALVE (FOR GAUGE) (NO SPEC, NO $15.84 $31.68 STANDARD. QUOTING 2PC 316SST FULL PORT BALL VALVE W/ LEVER) 316SS SCH 40 THRD NIPPLE $0.99 $1.97 PRESSURE GUAGE $176.65 $353.30 316SST DIAPHRAGM (IF REQUIRED) $338.40 FLG SWINGFLEX CHECK VALVE, DI BODY, FBE IN/OUT, $1,261.91 $2,523.83 BUNA-N REINFORCED DISC WITH 316SS/BRASS MECHANICAL INDICATOR FLG PLUG VALVE W/ HANDWHEEL $756.38 $1,512.77 FLG X FLG DIP (401 LINED) $194.39 $194.39 DI FLG TEE (401 LINED) $329.42 $329.42 DI CONCENTRIC REDUCER (401 LINED) $367.01 $367.01 DI BLIND FLANGE (401 LINED) $275.01 $275.01 FLG X FLG DIP (401 LINED) $276.73 $276.73 DI FLG TEE (401 LINED) $311.61 $623.23 FLG BUTTERFLY VALVE W/ HANDWHEEL INCL W/ ARV FLG X FLG DIP (401 LINED) $114.66 $229.31 FLG COMBINATION AIRNACUUM VALVE W/ AIR RELEASE $1,962.67 $3,925.33 WITH ISOLATION BFV FLG X FLG DIP (401 LINED) DI FLG 45 BEND (401 LINED) FLG ACCY SET (316SS FINISH HEX W/ 1/8" FULL FACE RED RUBBER GASKET) 1 12" FLG ACCY SET (316SS FINISH HEX W/ 1/8" FULL FACE RED RUBBER GASKET) 8 08" X 03'-00" HDG ADJ PIPE SADDLE SUPPORT BURIED - TO PVC RECYCLE/NPW FORCE MAIN 2 08" X 08'-00" 2 08" 1 08" 1 12" X 08" 20 08" 6 08" 1 12" BID ITEM # 3. BURIED 6 12" 1 12"X08" 1 08" X 07'- 1080 12" 21 12" 13 12" 1 08" EXPOSED 1 08" 1 08" FLG X PE DIP (401 LINED) C153 MJ 45 BEND (401 LINED) C153 MJ LATERIAL WYE (401 LINED) C153 MJ REDUCER (401 LINED) MON JOINT CLASS 350 DIP (401 LINED) MEGALUG W/ ACCY SET FOR DIP MEGALUG W/ ACCY SET FOR PVC TOTAL THIS BID ITEM # 3.53 - TAX NOT INCLUDED 54 -12" RECYCLE / NPW FORCE MAIN 00" C153 MJ 45 BEND (401 LINED) C153 MJ TEE (401 LINED) FLG X PE DIP (401 LINED) C-900 DR -18 PVC PIPE (PURPLE) PVC BELL HARNESS RESTRAINT MEGALUG W/ ACCY SET FOR PVC MEGALUG W/ ACCY SET FOR DIP FLG PLUG VALVE W/ HANDWHEEL DI FLG LR 90 ELL (401 LINED) $214.98 $429.96 $217.14 $434.28 $22.24 $533.65 $61.02 $61.02 $158.75 $1,270.00 $412.86 $825.73 $147.89 $295.78 $247.31 $247.31 $210.71 $210.71 $27.60 $552.05 $35.12 $210.69 $74.52 $74.52 $50,341.37 $268.58 $1,611.48 $315.57 $315.57 $371.70 $371.70 $15.92 $17,191.84 $87.20 $1,831.20 $74.52 $968.71 $35.12 $35.12 $756.38 $756.38 $346.24 $346.24 Page 5 of 11 95 Change Order Item 5.4 REQUEST FOR INFORMATION PC SOUTH ALGAL NUTRIENT REMOVAL RFI NO. 594-039 TO: Keith McCully, P.E. (IRC Stormwater Engineering Division) FROM: Danny Boromei, Project Manager Danny Boromei, 863.634.4320 (Job Site Phone Number) (Job Site FAX Number) COUNTY PROJECT NO. 0949 CLOSE CONSTRUCTION, LLC SPECIFICATION SECTION: DRAWING/DETAIL: INFORMATION REQUESTED: At today's progress meeting there was discussion directing CCL to use 316 stainless steel bolts for all flanged connections. The Indian River County Utility Standards direct the use of ASTM A-307 (carbon steel not stainless steel). If the county would like to use stainless, CCL will provide a price for the increase. Please advise which one the county would like us to use. Our estimator, Chris Rossi, pointed to paragraph D of that same section. It reads that flanged joints are to use A307. He indicated once he found the ambiguity, he deferred to the IRC Utility standard. Please clarify. Requested By: Danny Boromei, Project Manager Date: 09.22.2014 Reviewing Agency (As checked below) Date Received Date Returned ❑ I R C Stormwater Engineering Div. 9-22-2014 9-29-2014 111 REPLY: Per the County Utility Standards that were in affect when the project was bid, Close Construction is correct. The flange nuts and bolts may be per ASTM A-307. Please provide a change order price to use 316 Stainless Steel fasteners in the two locations shown on the attached drawing. These are locations where the flanged connections may or will come in contact with RO concentrate water or spray. Reply By: Keith McCully, P.E. Date: September 29, 2014 ENGINEER's or OWNER's response shall not be considered as a Change Order or Change Directive, nor does it authorize changes in the Contract Sum or Contract Schedule. Distribution of Copies: Office File Inspector's File F:\Public Works\KeithM\Stormwater Projects\PC South Construction\RFI - Request for Information\RFI Answer\RFI 594-039R1.doc 96 5.5 Furnish and install single vertical pipe support Additions Quantity Unit Unit Price Total Materials 1 Each $ 481.76 $ 481.76 Shipping 1 Each $ 140.00 $ 140.00 Subtotal $ 621.76 Sales Tax 7% $ 43.52 $ 665.28 Fabricate "L" brackets 1 LS $ 575.00 $ 575.00 Installation 2 Hour $ 45.00 $ 90.00 Sales Tax on fabrication 7% $ 40.25 Subtotal $ 705.25 Subtotal $ 1,370.53 10% O&P $ 137.05 Total $ 1,507.59 Change Order Item 5.5 From: To: Subject: Date: 1.►. ;-, , . 10WI.j.l i nicholeerloseconstntrtinn u4 Piping Technology - Transaction Receipt for 140.00 Wednesday, December 31, 2014 2:52:01 PM Piping Technology & Products, Inc. Date Method of Payment Entry Method Account # Term ID: 001 Sale - Approved Time 15:58:16 2084 12/31/14 Visa Manual Order ID 139865 Order Description: Payment Of Freight Invoice#: 231005 Approval Code 04476G Amount 140.00 Tax 0.00 Total Amount 140.00 Customer Copy 98 PIPING TECHNOLOGY & PRODUCTS, Inc 3701 Holmes Road Houston, Texas 77051 U.S.A. Phone : (713) 731-0030 Fax : (713) 731-8640 E-mail : info@pipingtech.com Visit our website at www.pipingtech.com Client : Close Construction, LLC 301 NW 4th Avenue Okeechobee USA Item Qty. 1 1 FL 34972 Tag/Mark N FIG 80 12" D.I., HDG Job Material : Pipe Hanger Hardware Estimated total weight : 60 Lbs Estimated ship date : 2-3 weeks A.R.O./A.R.A.D Quote # : Q-174447 Page 1 / 1 Project : (none) Req 1 : Figure 80 pipe clamp 12" Date Printed : 11/19/2014 Salesman/ENGR : JAIME HERNANDEZ/JAIME HERNANDEZ Buyer : Chris Rossi Fax 1 :863.763.6337 Phone 1,:863.967.0831 Email:chrisrossi@closeconstruction.us Final Destination :FL Client Tag Unit price Ext. price $481.76 $481.76 Total ---> U.S.$ $481.76 (If sooner delivery is required, please contact us) Terms : NET 30 WITH APPROVED CREDIT Freight : prepay 6 Add (If applicable, freight bill is due within 10 days of invoices.) FOB : Exworks, Houston, TX Price validity : 30 day(s) Remarks : Thank you for allowing us to provide the above quote. Please include the quotation number and the salesperson listed above on all correspondence. (Cancellation fees: 20% if material released to engineering, 60% if material is received/cut, 90% if material is in fab/paint, 100% upon fabrication.) Bidder : Date : 11/19/2014 JAIME HERNANDEZ E-mail does not form part of a legally binding contract or agreement between the recipient and the sender, and communications issued or received by E-mail are not recognized as official correspondence unless confirmed by communication issued in one of the following recognized formats; fetter or courier'br fax" All materials are subject to prior sale, final delivery to be confirmed at time of order Piping Technology & Products Inc. and our fully owned subsidiaries Sweco Fab, Inc., U.S. Bellows, Inc., FCI, Inc., Pipe Shields, Inc., and Anchor Darling Enterprises are manufacturers of various high quality engineered products including pipe hangers (variable and constant load and big -tons), expansion joints (thin-wall, thick -wall), mechanical and hydraulic snubbers, pre -insulated pipe supports (cryogenic supports/cold shoes, hot shoes), and code pressure vessels and tanks All products quoted in our product lines are manufactured by PT&P H:\VBProj\JQProg\JQReporte\PTP-quote.rpt AsE8Iiik 11/19/2014 3:00:14PM Change Order Item 5.5 Grove Welders Inc. 1035 9th Street SW Vero Beach, FL 32962 Phone # Fax # E-mail Estimate 772-569-1222 772-569-6362 grovewelders@bellsouth.net Date Estimate # 1/6/2015 15-73 100 Name / Address If this quote uses steel or aluminum, it is based on the current prices and is subject to the availability & price at the time of the order. Otherwise, this quote is good for 15 days. Close Construction 301 NW 4th Avenue Okeechobee, FL 34972 P.O. No. W.O. # QUOTE Qty Item Description U/M Rate Total 1 LUMP SUM Fabricate 2 pc "L" brackets per diagram Fabricate "L brackets ea 575.00 0.00 575.00T Subtotal $575.00 Sales Tax (7.0%) $40.25 Signature Total $615.25 100 5.6 Install additional 6" well for recycle water system Additions Quantity Unit Unit Price Total Well work, Labor & material 1 LS $ 5,000.00 $ 5,000.00 Sales tax 7% $ 350.00 $ 5,350.00 Subtotal $ 5,350.00 10% O&P $ 535.00 Total for CO5-4 $ 5,885.00 '"The original quote that was received from American Drilling Services did not specify the quote was without tax. Therefore CCL submitted only the information available as documentation for the earlier change. Subsequently, American invoiced CCL for work that included sales tax. CCL has now included the invoiced sales tax in this change order request. Change Order Items 5.6 and 5.7 AMERICAN DRILLING SERVICES, INC. 405 SW 2ND STREET OKEECHOBEE, FL. 34974 (863) 763-3221 November 13, 2014 Dear Nichole, The original proposal for the PC South Algal Nutrient Removal Facility was for (3) wells tied into the pump, 50' spacing with a 4" suction pipe. The original contract price was $28,649.19 We will be adding a 4th well for an additional $5,000.00 The suction line will be up -graded to 6" because of the wells being distanced 400' apart instead of 50' apart. The original contract price for labor and materials on the suction line was $10,399.19 and the price for up -grades is an additional $9,161.81, bringing the total for labor and materials up to $19,561.00 The price to install a 5hp submersible pump package to the system is $5,000.00 The Revised Contract Price including all changes is $47,811.00 Please sign and return if you agree to these terms. Feel free to contact me if you have any questions. Sincerely, Frank DeCarlo 5.7 Increase recycle water system pump suction line diameter Additions Quantity Unit Unit Price Total Labor and materials 1 LS $ 9,161.81 $ 9,161.81 Sales tax 7% $ 641.33 $ 9,803.14 Subtotal $ 9,803.14 10% O&P $ 980.31 Total for CO5-4 $10,783.45 **The original quote that was received from American Drilling Services did not specify the quote was without tax. Therefore CCL submitted only the information available as documentation for the earlier change. Subsequently, American invoiced CCL for work that included sales tax. CCL has now included the invoiced sales tax in this change order request. Change Order Items 5.6 and 5.7 AMERICAN DRILLING SERVICES, INC. 405 SW 2" STREET OKEECHOBEE, FL. 34974 (863) 763-3221 November 13, 2014 Dear Nichole, The original proposal for the PC South Algal Nutrient Removal Facility was for (3) wells tied into the pump, 50' spacing with a 4" suction pipe. The original contract price was $28,649.19 We will be adding a 4th well for an additional $5,000.00 The suction line will be up -graded to 6" because of the wells being distanced 400' apart instead of 50' apart. The original contract price for labor and materials on the suction line was $10,399.19 and the price for up -grades is an additional $9,161.81, bringing the total for labor and materials up to $19,561.00 The price to install a 5hp submersible pump package to the system is $5,000.00 The Revised Contract Price including all changes is $47,811.00 Please sign and return if you agree to these terms. Feel free to contact me if you have any questions. Sincerely, Frank DeCarlo 104 5.8 Permit plan revision fee Additions Quantity Unit Unit Price Total Permit revision fee 1 LS $ 50.00 $ 50.00 5.8 Total $ 50.00 105 Change Order Item 5.8 Official Receipt - Indian River County CDPR103 - Official Receipt Trans Number Date Post Date Payment Slip Nbr 2014091085 9/19/2014 2:42:04 PM 9/19/2014 PT 2014040855 Address: 1225 5TH ST SW METER ROW Owner: INDIAN RIVER COUNTY COA #: Permit Type: ELC Job Desc: SEE ADDITIONAL INFO Applicant: KING , GEORGE, GLENN DBA: COMPLETE ELECTRICAL SOLUTIONS LLC Swr Meter. Wtr Meter: Payor. COMPLETE ELECTRICAL SOLUTIONS LLC Fee Information Fee Code Description GL Account Amount Waived REVISION PLAN REVISION FEE 1-441032-322030 $50.00 Total Payments $50.00 Payment Code VISA Account/Check Number Amount 000004 $50.00 INDIAN.RIUER COUNTY BU 1UERO BEACH, S F 532960 772-567-8000 1ERNIHAL ID.: 09881238090829 LISA ttati 12884 EXP:t*/# SWIPED SALE BATCH! 8083% INV: 000004 Ser 19, 14 19:04 RRN, 83968884 AUTH: 046856 TRH REFa; 464162673174156 VALIDATION CODE: ZNZR APPROVED DESCRIPTION _____TOTAL $50.00 HICHOLE ARNOLD CUSTOIIR COPY Total Cash Total Non Cash Total Paid $0.00 $50.00 $50.00 Cashier/location: BLDLK / 1 User BLDLK ae$c( A rfA pDroke ve 4 Close Construction 0 Other .$~airs d ed Signature Cost Code jab # 5e5 y Date 0'9- 2'2, .31) IV '000/XP Printed: 9/19/2014 2:43:04 PM 106 5.9 Credit for 14.3cy of river quartz at CPS Credit Materials Sales Tax - Materials only Bobcat w/operator 10% O&P Total Quantity Unit Unit Price Total -14.3 CY $ 100.00 $ (1,430.00) 6% $ (85.80) -1 Hour $ 85.00 $ (85.00) $ (1,600.80) $ (160.08) $ (1,760.88) 107 Change Order Item 5.9 Statewide Materials, Inc. Invoice 1525 White Drive Titusville, FL .32780 (321)268-8455 fax 268-2414 swnil 525@ao corn BILL TO CLOSE CONSTRUCTION, LLC 301 N.W. 4TH AVE. OKEECHOBEE, FL 34972 SHIP TO 1225 5TH ST. SW VERO BEACH, FL DATE INV. # 10/31/2014 256170 P.O. NO. TERMS DUE DATE JOB bK). 594-2486-.001 DUE ON RECEIPT 10/31/2014 ITEM SHIP DATE TICKET NUMBER QTY RATE MOMENT B RIVER QUARTZ 10/12/2014 B RIVER QUARTZ FULL LOAD1 1 2,000.00 2,000.00T FREIGHT 10/12/2014 FREIGHT 1 700.00 700.00, SUBTOTAL 2,700.00 SALES TAX 6.00% 120.00 E P)7Eft NOV 1 9 2014 I -7.. grivo.1 1.5% monthly finance will occur on balances over 30 days!!! Total $2,820.00 5.10 Credit for 70sy of Filter Fabric at CPS Credit Quantity Unit Unit Price Total Materials -72 SY $ 1.40 $ (100.80) Sales Tax - Materials only 6% $ (6.05) $ (106.85) 10% O&P $ (10.68) Total $ (117.53) 109 Change Order Item 5.10 ACF Environmental i i 4460 N. GOLDENROD RD BLDG. •y -';QV. • QUOTE WINTER PARK, FL 32792 0'9'0 Customer Copy pY EI IRO>I ENI " Tel: 800-448-3636 Fax: 804-743-7779 Number 067495 Focused, &rvironmentally Customer 'ed Website: www.acfenvironmental.com Date 07/24/14 Page 1 Project: PC SOUTH Customer. CLOSE CONST. INC. Phone:863-467-0831 Fax:863-763-6337 Valid Through Quoted To CHRIS ROSSI 08/23/14 Quoted By Rick Novak-rnovak@acfenvironmental.com Mark Falldorf-mfalldorf@acfenvironmental.com Bid Date Click Weblink: http://www.acfenvironmental.com/spcc.htm1 Item Description Ordered UM Price UM Extension M10012300 FREIGHT M100 MONOFILAMENT WOVEN GEOTEX 12' X 300' = 400 SY / RL FREIGHT TO VERO, FL Product(s) pending engineer's approval. Prices are for material loaded in a single shipment. Multiple shipments will incur additional charges. We appreciate the opportunity to quote you. If you need more information, technical support, or to place your order, please call 1-800-448-3636. Terms: Net 30 Days. Price does not include sales tax. Customer is responsible for final quantities. Quotes are valid for 30 days from date of issue. If a purchase order is received after the quotation expiration date, pricing is subject to change. Unless otherwise specified in the quote, product must be shipped within 60 days of receipt of purchase order. If over 60 days, pricing is subject to change. 2 1 RL EA 1.400 145.000 SY EA 1120.00 145.00 Total Accepted By: 1265.00 PO#: 1 10 5.11 Credit for 53sy of Asphalt Pavement at CPS Credit Quantity Unit Unit Price Total Materials -5.87 Tons $ 75.97 $ (445.94) Sales Tax - Materials only 6% $ (26.76) $ (472.70) Transport Charges -1 Hour $ 65.00 $ (65.00) CCL Labor -4 Hour $ 45.00 $ (180.00) $ (245.00) Subtotal $ (717.70) 10% O&P $ (71.77) Total $ (789.47) Additional information offered as backup: 53 SY of asphalt works out to 5.87 tons. CCL was unable to obtain a written quote for the cost of asphalt from Community Asphalt. They would provide a verbal only. Please contact them to confirm the listed price. 111 5.12 Credit for 56sy of Limerock Base at CPS Credit Quantity Unit Unit Price Total Materials -16.26 Ton $ 15.00 $ (243.90) Sales Tax - Materials only 6% $ (14.63) $ (258.53) CCL Labor -2 Hours $ 45.00 $ (90.00) Subtotal $ (348.53) 10% O&P $ (25.85) Total $ (374.39) Additional information offered as backup: 56 SY of coquina rock works out to 16.26 tons. 112 Change Order Item 5.12 From: Jenkins Truckina To: Nichole Amold Subject: PC South Project Indian River County Date: Tuesday, February 17, 2015 8:13:41 AM Here is the quote requested by Chris Rossi. DOT Base rock - coquina $15.00 per ton delivered to PC South project site. Michele Jenkins Jenkins Trucking Inc 772-562-1520 Sent from my iPhone 113 5.13 Credit for 59sy of subgrade CCL Labor Working Superintendent Subtotal 10% O&P Total for 5.13 -3 Hours $ 45.00 $ (135.00) $ (135.00) $ (13.50) $ (148.50) 114 5.14 Addition of 11If of Guardrail at CPS Additions Quantity Unit Unit Price Total Materials 11 LF $ 19.64 $ 216.04 Sales Tax 6% $ 12.96 $ 229.00 10% O&P $ 22.90 Total $ 251.90 115 Change Order Item 5.14 SOUTHEAST UAIRt R I E. D ATTENUATORS 7760 'Hooper Road Wint Prim 8sach, FI, 33411 Phone; (561) 792.0040 Fax; (5611792.9798 Estimate Date Estimate # 11/17/2014 1340 PROJECT CLOSE CONSTRUCTION FDOT DBE CERTIFIED Palm Beach County SWBE Certified DESCRIPTION SOUTH RELIEF CANAL FIN PROJECT NO GUARDRAIL CONSTRUCTION COUNTY BREVARD CAL DAYS Item Description Qty Unit Price U/M Total 536-1-1 536-85-22 GUARDRAIL (ROADWAY) END ANCHORAGE ASSEMBLY FLARED 37.5 1 19.64 2,515.63 LF EA 736.50 2,515.63 Total $3,252.13 Comments: The following to be performed by others: Maintenance of Traffic, Miscellaneous Asphalt Patch Work around posts, all Concrete work, Excavation, Backfill, Shaping, Grading and Dewatering for any End Anchorage Assembly. Cost for any bonds needed are not included in this price. Notes: No material ordered or work scheduled without SIGNED QUOTE AND NOTICE TO OWNER INFO. SUBMI I 1 ED BY: COMPANY: ACCEPTANCE SIGNATURE: PRINTED SIGNATURE: DATE: ���►7'it( 116 5.15 Add 171sy of concrete at CPS Additions Quantity Concrete 171 Unit price used same as Item 3.33 for concrete Testing CCL labor to remove rock CCL labor to remove filter fabric Subtotal 10% O&P Total 2 1 1 Unit SY Each LS LS Unit Price Total $ 100.00 $ 17,100.00 $ 105.00 $ 1, 500.00 $ 250.00 $ 210.00 $ 1,500.00 $ 250.00 $ 19,060.00 $ 1,906.00 $ 20,966.00 117 KELLER, SCHLEIC MARTIN (772) 337-7755 PALM BEACH (561) 845-7445 FAX (561) 845-8876 C.A.: 5693 February 4, 2015 111 PIMP Mv- HER & MacWILLIAM ENGINEERING AND TESTING, INC. P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 SEBASTIAN (772) 589-0712 www.ksmengineering.net MELBOURNE (321) 768-8488 E -Mail: KSM@KSMENGINEERING.NET ST. LUCIE (772) 229-9093 FAX (772) 589-6469 Chris Rossi Close Construction 301 N.W. 4th Ave. Okeechobee, FL 34972 Re: 285 27th Ave., S.W. Vero Beach, Florida Dear Mr. Rossi: Thank you for the opportunity to submit a proposal to perform engineering services in the way of compaction testing for the above referenced driveway. Our services shall consist of the following: Perform 4 to 5 field density tests and a modified Proctor analysis on the imported fill. Present the testing results in a report and with a permit number, forward a copy to the local government agency and mail your copy to your attention. Our fee for the above work for each building site shall not exceed the following: Compaction Testing: We look forward to working with you on these projects. ,13gspeetfully Submitted, eE Prp -nt JEK/Ics , P.E. Accepted this day of $ 105.00 , 2015, by Signature Printed Name All invoices are due upon receipt. Invoices over thirty days late will be charged a 1.5% late fee. Email To: chrisrossiCa)_closeconstruction.us Ronald G. Keller, P.E.: 37293 / SI Lic. No.: 860 / Julie E. Keller, P.E.: 68366 118 5.16 Additional landscaping events Additions Quantity Unit Unit Price Total Watering Events 24 Each $ 375.00 $ 9,000.00 Exotic Elimination 2 Each $ 1,250.00 $ 2,500.00 $ 11,500.00 Subtotal $ 11,500.00 10% O&P $ 1,150.00 Total for 5.16 $12,650.00 *Increase the number of landscape watering events by 24 and increase the number of exotic elimination events by 2. The landscape watering events will be billed on a per each basis at $412.50/event and the exotic elimination events will be billed on a per each basis at $1,375/event. Each will be invoiced on a per each basis. 119 Change Order Item 5.16 From: fleaggjijsi To: Nichole Amold Cc: Keith McCully McCully Subject: Osprey Marsh GKE Change Order Date: Tuesday, December 23, 2014 3:00:13 PM Attachments: jmage.ong Nichole: I spoke with Keith today regarding the above referenced subject. As you and I discussed today on the phone, we originally anticipated completing this project from start to finish in 30 days. We began the project during the first part of October. Based on our discussion today, the project completion by Close Construction and the turn over to the County will not take place until approximately the end of January. With this additional 3 months and delays in planting added significantly to our work schedule, we need to increase the watering events to 2 times per week, or 24 additional events to carry us through the end of January. This is dependent upon rainfall and turn over timeframe. Price for each watering event will remain the same as $375 per event, which includes maintenance and repairs. This is under item #5.02 "Irrigation and Watering". In addition to this extended maintenance warranty period, we will need to complete 2 additional monthly exotic removal maintenance events. As we discussed today, the original proposal that GKE signed with Close was for $405 per event for this item, which is 6.02 "Exotic Elimination". Just prior to coming under contract with Close, we were with the understanding that we would only be planting the northern 1/3 of the site and maintaining that until the balance of the project was completed. The $450 only included the cost to maintain the northern 1/3 of the site. I overlooked that line item at the time. The price for the entire site (10 acres) is $1,250.00 per event, totaling an additional $2,500 for 2 additional events. The additional watering events total is $9,000 for 24 events, which I do not believe that number will be reached based on current conditions. The total GKE requested change order is $11,500. Please let me know if you have any questions. Thanks again for your help. George George R. Kulczycki C.E.C., C.E.S. G.K. Environmental, Inc. 155 McKee Lane Vero Beach, FL 32960 Phone: (772)567-9129 Fax: (772)567-6245 Email: gke.me.com 1:2, r 11 • 4 120 5.17 Modifications to control building for code compliance Additions Concrete steps Concrete landing Handrail (includes installation) Sales Tax (Handrails only) Subtotal 10% O&P Total Quantity Unit Unit Price Total 1 LS $ 2,800.00 $ 2,800.00 1 LS $ 200.00 $ 200.00 1 LS $ 1,800.00 $ 1,800.00 7% $ 126.00 $ 4,926.00 $ 492.60 $ 5,418.60 121 Item 5.17 Backup Grove Welders Inc. 1035 9th Street SW Vero Beach, FL 32962 Phone # Fax # E-mail Estimate 772-569-1222 772-569-6362 billing(a)provewe lders. com Date Estimate # 4/3/2015 15-338A Name / Address If this quote uses steel or aluminum, it is based on the current prices and is subject to the availability & price at the time of the order. Otherwise, this quote is good for 15 days. Close Construction 301 NW 4th Avenue Okeechobee, FL 34972 P.O. No. W.O. # QUOTE Qty Item Description U/M Rate Total 1 LUMP SUM Indian River County Filtration (285 27th Avenue SW & Canal) Fabricate and install handrails approximately 20', 42" standard height, 8 posts (at 5' distance). Fabricate and install handrails ea 1,800.00 0.00 1,800.00T Subtotal $1,800.00 Sales Tax (7.0%) $126.00 Signature Total $1,926.00 Phone # L PROPOSAL Ut* ierh7S �?2rc2 v Pale # of pages Proposal Submitted To: Address (2,,,L 5 e- o es. S 14/=/ / or of Job Name Job # Job Location Date Fax Date of Plans Architect We hereby submit specifications and estimates for. sk S Z 8 G Change Order Item 5.17 (.( Z. -OD Change Order Item 5.17 We propose hereby to fumish material and labor — complete in accordance with the above specifications for the sum of: Dollars with payments to be made as follows. Any alteration or deviation from above specifications involving extra costs will be Respectfully executed only upon written order, and will become an extra charge over and Submitted above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Note — this proposal may be withdrawn by us if not accepted within days. Acceptance of Proposal The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. Date of Acceptance Signature Signature VibPS. FORM 3850 MADE IN U.S.A. 123 5.19 Remove & Dispose of approx. 20.4 SY of asphalt Additions Quantity Unit Unit Price Total Bobcat with operator 2 Hour $ 85.00 $ 170.00 Labor -removal (2 men) 6 Hour $ 45.00 $ 270.00 Disposal fees 2.27 Ton $ 38.00 $ 86.26 $ 526.26 Subtotal $ 526.26 10% O&P $ 52.63 Total $ 578.89 CONSENT 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 Engineer SUBJECT: Change Order No. 3 and Release of Retainage Gifford Park Ballfields Grading Improvements IRC Project No. 1336 Bid No. 2014015 DATE: April 2, 2015 DESCRIPTION AND CONDITIONS On December 10, 2013, the Indian River County Board of Commissioners awarded Bid No. 2014015 in the amount of $378,742.36 to Summit Construction of Vero Beach, LLC for improvements to the Gifford Park Ballfields (Football Field, Senior Softball Field and Little League Field) consisting of removal of existing grass, re -grading, re -grassing by sprigs and irrigation upgrades and repairs, as well as installing new dugouts, street lights and providing two new storage sheds on site. Change Order No. 1 and No. 2 subsequently raised the contract price by $40,413.64 to a new total of $426,926.00. The project has been completed and Change Order No. 3 is to make final adjustments to bid line items to decrease the total contract price by $13,039.55 for a final contract price of $413,886.45 and to add time to contract for delays caused primarily due to weather conditions. Summit Construction of Vero Beach, LLC has been paid $385,256.02 to date, with $20,276.63 held in retainage. Summit Construction of Vero Beach, LLC has submitted Contractor's Pay Application No. 6 in the amount of $28,630.43 for final payment and release of retainage. FUNDING Payment for Summit Construction of Vero Beach, LLC Contractor's Pay Application No. 6 is budgeted and available from the following: Optional Sales Tax, Gifford Park Ballfields Improvements Account No. 31521072-066510-14006 ($8,353.80) Optional Sales Tax, Retainage Account No. 315-206000-14006 Gifford Park Ballfields Improvements ($20,276,.63) F:\Public Works\ENGINEERING DIVISION PROJECTS \1336 -Gifford Senior BaIlfield\Admin\agenda items\BCC Agenda Change Order No 3 Final Pay 4-21- 2015.doc Page Two Change Order No. 3 & Release of Retainage — Gifford Ballfields Improvements For April 21, 2015 BCC Meeting RECOMMENDATION Staff recommends approval of Change Order No. 3 to Summit Construction of Vero Beach, LLC decreasing the contract total to $413,886.45 and Summit Construction of Vero Beach LLC Application for Payment No. 6 in the amount of $28,630.43 for final payment and release of retainage. ATTACHMENTS 1. Change Order No. 3 2. Description of Itemized Changes 3. Summit Construction of Vero Beach LLC Contractor's Application for Payment No. 6 DISTRIBUTION 1. David Fleetwood, Parks Department Superintendent 2. Summit Construction of Vero Beach LLC APPROVED AGENDA ITEM FOR April 21, 2015 Indian River County d Apt" Date Administration yf it TBudget 41 Legal It 1 -I:,'1 r Public Works (/4~ 41-'4-/s Engineering O 44 -/q -IS F:\Public Works\ENGINEERING DIVISION PROJECTS\1336-Gifford Senior Ballfield\Admin\agenda items\BCC Agenda Change Order No 3 Final Pay 4-21- 2015.doc SECTION 00942 - Change Order Form No. 3 Final DATE OF ISSUANCE: 4/21/2015 EFFECTIVE DATE:4/21/2015 OWNER: Indian River County CONTRACTOR Summit Construction of Vero Beach Project: Gifford Park Ballfields Grading Improvements OWNER's Project No. 1336 ENGINEER's Bid No. 2014015 You are directed to make the following changes in the Contract Documents Reason for Change Order: To make final adjustments to bid line items for final payment Attachments: Description of Itemized Changes Letter from Summit Construction of Vero Beach LLC dated 4/9/2015 explaining weather conditions as reason for additional days to contract. CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $386,512.36 October 31, 2014 0 Net Increase from previous $40.413.64 Change Orders No. 1 to 2: October 31, 2014 Contract Price prior to this $426,926.00 Change Order: Contract Time with all approved Change Orders: Additional Days: Final Completion: Net decrease of this Change $13.039.55 Order: Contract Price with all approved $413,886.45 Change Orders: ACCEPTED: By: Gam1` CONTRACTOR (Signature Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: : Final Completion: December 18,2013 October 31, 2014 0 Net change from previous Change Orders No. 1 to 2: Final Completion: Contract Time prior to this Change Order: Final Completion: December 18, 2013 October 31, 2014 Net increase this Change Order: Substantial Completion: Final Completion: October 31,2014 March 30.2015 Contract Time with all approved Change Orders: Additional Days: Final Completion: (days) 151 March 30 2015 RECOMMENDED: By: ENGINEER (Signature) Date: APPROVED: By: OWNER (Signature) Date: 00942 - Change Order No. 3 FINAL 00942 - 1 F.\Public Works\ENGINEERING DIVISION PROJECTS11336-Gifford Senior eallfield\Admin\agenda items100942 - Change Order No 3 FINAL doc Rev. 05/01 Gifford Park Ballfields Improvements IRC No. 1336 Description of Itemized Changes Item No. Description of Change Quantity Unit Unit Price Price Increase Price Decrease GIFFORD PARK BALLFIELDS IMPROVEMENTS WCD NO.2 LIGHT POLE ADAPTOR 1 LS 2,510.45 $2,510.45 WCD NO. 5 MOVE DUGOUTS 1 LS 3,450.00 $3,450.00 EXTRA IRRIGATION 1 LS 1,000.00 $1,000.00 FORCE ACCOUNT 1 LS $20,000.00 SUBTOTALS $6,960.45 $20,000.00 Final Change Order -$13,039.55 F:Wublic Works\ENGINEERING DIVISION PROJECTS \1336-Gi1ord Senior BetlM1dd\4dmin\Change Ordem\Final Change Order Summit Construction of Vero Beach, LLC 2837 Flight Safety Drive, Vero Beach, FL 32960 Indian River County 1807 27th Street Vero Beach FL, 32960 Attn- Dan Wittenberg, Engineering Inspection Supervisor Date: 4/9/15 RE: Gifford Park Ball fields Grading Improvements, IRC Project #1336 CBC 1259095 Dan, I am providing this letter to update you on the current project schedule. As you are aware we were able to complete the scope of work on both the football and softball field as required with in the contract time. Unfortunately, as we are all aware, we experienced an abundance of rain from July thru September. The rain delayed the planting, fertilizing, and herbicide of the Little League field during the growing season of Bermuda grass (57 rain days from June -October). Bermuda grass becomes dormant when the ground temp falls below 70 degrees (94 days were ground temp below 70). So between the rain and the winter temperature we were about 151 days late from the finish contract date. After speaking to Lee Heckman at Express Reel Grinding who is also contracted by the IRC Parks Division for the upkeep of the field and David Fleetwood Superintendent of the IRC Parks Division they both feel that the field is in acceptable condition. We as you are anxious to get this project finale, approved by Board of County Commissioners and move on. We are sorry for any inconvenience this may have caused. Contact me with any questions concerning this project at anytime. Lincoln Irons Project Manager Phone (772) 794-2099 www.summitcm.net Fax (772) 794-2097 CONTRACTOR'S APPLICATION FOR PAYMENT Application for Payment No. 6 For Work Accomplished through the period of October 1, 2014 thru March 31, 2015 To: From: Project No. : Project: Indian River County (Owner) Summit Construction of Vero Beach (Contractor) 1336 Gifford Park Ballfields Grading Improvements 1. Original Contract Price: 2. Net change by Change Orders and Written Amendments (+ or -): 3. Current Contract Price (1 plus 2): 4. Total Work to date: 4a. Percentage of Work completed to date: 4b. Total Work completed to date: 4c. Total equipment and material stored to date: 4d. Total Work completed and stored to date: (4b plus 4c) 5. Retainage (per Agreement) 5a. 0% of completed Work (0.00 x 4b) $ 5b. 0% of stored equipment and material (0.00 x 4c) 5c. Total Retainage (5a plus 5b) 6. Total Work completed and stored to date Tess retainage (4d minus 5c) 7. Previous Applications for Payment 8. AMOUNT DUE THIS APPLICATION (6 MINUS 7) 100.00% $ 413,886.45 $ $ $ 386,512.36 $ 40,413.64 $ 426,926.00 $ 413,886.45 $ 413,886.45 $ $ 413,886.45 $ 385,256.02 $ 28,630.43 SECTION 00632 - CONTRACTOR'S FINAL CERTIFICATION OF THE WORK (TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) PROJECT NAME: Gifford Park Ballfields Grading Improvements IRC PROJECT NO: 1336 STATE OF 11_012- 0A COUNTY OF 1P NlAc1 Personally before before me the undersigned officer, authorized by the laws of said state to administer oaths, comes 1AJ t av,n h , who on oath says: That he is the CONTRACTOR with whom Indian River County, Florida, a political subdivision of said state, did on the I , day of becew1ocr- ,20 1 , enter into a contract for the performance of certain work, more particularly described as follows: UNDER PENALTY OF PERJURY, affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT: Name Description/Amount who have not been paid and who are due the amount set forth. Affiant further says that: 1. CONTRACTOR has reviewed the Contract Documents. 2. CONTRACTOR has reviewed the Work for compliance with the Contract Documents. 3. CONTRACTOR has completed the Work in accordance with the Contract Documents. 4. All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below. 00632-1 F:\Public Works\ENGINEERING DIVISION PROJECTS \1336 -Gifford Senior Balifield\Adminlbid documents\MasterContract\Contract Documents\00632 - Contractors Final Certification REV 04-07.doc 1 1 1 5. The Work is complete and ready for final acceptance by the OWNER. 6. CONTRACTOR hereby certifies that it has no claims against the OWNER. 1 1 1 1 1 1 1 1 1 1 1 1 (Corporate Seal) (Contractor) By: UliiltiA 6, ScAnt,ir-N Subscribed and sworn to before me this day of VVd ' fn , 201 . «. Notary Public tate of Florida at Large My Commission- expires: 4';"r P:; (limn SWAN MY COMMISSION # FF 135252 y EXPIRES: October 21, 2018 + + END OF SECTION + +,,e fvP 6arbefmniBudpetNoarysrrlitee 00632-2 F:\Public Works\ENGINEERING DIVISION PROJECTS11338-Gifford Senior BaltfietdWdmin\bid documents1MasterContract\Contract Documents\00632 - Contractor's Final Certification REV 04-07.doc 132 Summit Construction of Vero Beach, LLC 2837 Flight Safety Drive Vero Beach, FL 32960 FINAL WAIVER AND RELEASE OF LIEN OR CLAIM AGAINST BOND The undersigned, in consideration of the FINAL payment in the amount of $16,767.40 hereby waives and releases its lien and right to claim a Tien for labor, services or materials furnished through 8/31/2014 to Summit Construction of Vero Beach, LLC to the following property: GIFFORD BALLFIELDS IMPROVEMENTS 4715 43RD AVENUE, VERO BEACH, FL 32960 This waiver and release does not cover any retention of labor, services or materials furnished after the date specified. Lienor's Name: KEMPF'S SITE DEVELOPMENT, INC. Signature Ir \t •Atrix 03/1 1161.6 (5 -iacso,rex iSte--(CraVi? Date Title State of Florida County of....1-6Cktr(ne(U('(_ The foregoing instrument was acknowledged before me this' pl day of 1" `fir th t- , 2015 byJ-V' £ '- \!ne (r)if6Nho is personal) know 'or furnished the following identification IA - Notary Public til •� Rairlec_ Note: This is a statutory form prescribed by Section 713.20, Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver of release that is different from the statutory form. 133 FINAL WAIVER AND RELEASE OF LIEN The undersigned lienor, in consideration of the final payment in the amount of $10.00, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished to Kempfs' Site Development, Inc.to the following described property: Dated il8 , 2014. Gifford Park Ballfrelds 4715 43`d Avenue Indian River County, FL Lienor's Name: Blueline Rentals Printed Name: Address: 1449 NW Commerce Centre Pkwy. Signature: City/State/Zip: Port St. Lucie, FL 34986 STATE OF: Pc COUNTY OF: c • 14-AC4( Sworn to and subscribed before me by y, f/ s%j A), , who is either personally known to me or has produced , as identification on this I rk day of a� sr -5 " , 2014. PlAid .� • ✓✓/ 04 Notary Pu c State of Florida Fred R Parker Jr c7 My Commission FF 008623 Expires 0016!2017 My Commission Expires: 404/.240/� NOTE: This is a statutory form prescribed by 713.20 Florida Statutes (1996). Effective October 1, 1996 a person may not require lienor to furnish a waiver or release of Ilen that is different from the statutory form. 134 FINAL WAIVER AND RELEASE OF LIEN The undersigned lienor, in consideration of the final payment in the amount of $10.00, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished to Kempfs' Site Development, Inc.to the following described property: Gifford Park Ballfields 4715 43rd Avenue Indian River County, FL Dated 111A1 ( f , 2014. Lienor's Name: Volvo Const. Equipment Printed Name: Address: 3120 NW 16th Terrace City/State/Zip: Pompano Bch., FL 33064 STATE OF: COUNTY OF: S71 Gv c-Ite Signature: Sworn to and subscribed before me by /JoCtylc1 5 6.1f it N9 , who is ither personally known to me or has produced , as identification on this f `�."day of 2014. Notary .r _ Notary Public Stab of Florida Fred R Parker Jr My Commission FF 008623 Expires 01/16/2017 My Commission Expires: 1/1444_ NOTE: This is a statutory form prescribed by 713.20 Florida Statutes (1996). Effective October 1, 1996 a person may not require lienor to furnish a waiver or release of lien that Is different from the statutory form. 135 Summit Construction of Vero Beach, LLC 2837 Flight Safety Drive Vero Beach, FL 32960 FINAL WAIVER AND RELEASE OF LIEN OR CLAIM AGAINST BOND The undersigned, in consideration of the FINAL payment in the amount of $6,500.00 hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished through 8/31/2014 to Summit Construction of Vero Beach, LLC to the following property: GIFFORD BALLFIELDS IMPROVEMENTS 4715 43RD AVENUE, VERO BEACH, FL 32960 This waiver and release does not cover any retention of labor, services or materials furnished after the date specified. 9-;-Z)l4 Lienor's Name: E • RESS REEL GRINDING, ING Sign Date Title State of Florida County of 1vl iav\ 1 _L\JeX The foregoing instrument was acknowledged before me this21-4 () day of -f - vv‘be,r- , 2014 by -- 14 a_vvka V\ following identification who isfrsonally kno+euit or furnished the �'�M"�•`.°`� CHRJSTYSHULHAN Seal * DIY COMMISSfON / FF 135252 r v EXPIRES: October 21, 2018 ''tomos° Bonded An Budget Notary Services Notary P My commission expires: Note: This is a statutory form prescribed by Section 713.20, Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver of release that is different from the statutory form. 136 Summit Construction of Vero Beach, LLC 2837 Flight Safety Drive Vero Beach, FL 32960 PARTIAL WAIVER AND RELEASE OF LIEN OR CLAIM AGAINST BOND The undersigned, in consideration of the PARTIAL payment in the amount of $7100.00 hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished through 7/10/2014 to Summit Construction of Vero Beach, LLC to the following property: GIFFORD BALLFIELDS IMPROVEMENTS 4715 43RD AVENUE, VERO BEACH, FL 32960 This waiver and release does not cover any retention of labor, services or materials furnished after the date specified. Date Sql'2.U1LI State of Florida County of j vkL*& 4/ (2.,v0✓ Lienor's Name; EXPR - ; EEL GRINDING, . 416 Title The foregoing instrument was acknowledged before me this 15{ day of Avv,c.,y-t , 2014 by Lee- t4eGLLtM6/v. who ys ersonally knoZvitof furnished the following identification ®�� * MYCOMMISSION , FF 252 Sealy to EXPIRES:Oriober2t,2ots 440rrice&WadArc Budget Notryservices My commission expires: Notary P b icy Note: This is a statutory form prescribed by Section 713.20, Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver of release that is different from the statutory form. 137 Summit Construction of Vero Beach, LLC 2837 Flight Safety Drive Vero Beach, FL 32960 FINAL WAIVER AND RELEASE OF LIEN OR CLAIM AGAINST BOND The undersigned, in consideration of the FINAL payment in the amount of $2341.90 hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished through 8/10/2014 to Summit Construction of Vero Beach, LLC to the following property: GIFFORD BALLFIELDS IMPROVEMENTS 4715 43RD AVENUE, VERO BEACH, FL 32960 This waiver and release does not cover any retention of labor, services or materials furnished after the date specified. 2 Lienors Nam - _ EASURE COAST SPRINK 'i/(//(97‘Y Date State of Florida County of 1 v'eliay. Q.,i,/2J- ' Signature iec.5,‘,44.c7r Title The foregoing instrument was acknowledged before me this 1/" day of rs,i4- , 2014 by U'e. SAA -A ---“A whodersonally-k idwn.3r furnished the following identification Seal a" 't`N. CHRISTY SHUIIIAN * MY COMMISSION i FF 135252 EXPIRES: October 21,2018 'a p Banded Thru Budget Notary services My commission expires: Note: This is a statutory form prescribed by Section 713.20, Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver of release that is different from the statutory form. 138 STATUTORY WAIVER AND RELEASE OF LIEN FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of $0 (nothing owed) waives and releases its lien and right to claim of lien, in labor, services or materials furnished to Treasure Coast Sprinklers sub to Summit Construction of Vero Beach LLC on the job of Indian River County Board of County Commissioners on the following property: Gifford Park Ballfields Grading Improvements 4715 43rd Ave Vero Beach, FL This waiver and release does not cover any retention or labor, services or materials furnished after the date specified. DATED on April 10, 2014 STATE OF FLORIDA COUNTY OF SEMINOLE FLORIDA IRRIGATION SUPPLY, INC. By: Katie ng / Senior Credit ag:r Personally appeared before me, this 10 April 2014 Katie Long who being duly sworn on oath says that she is Senior Credit Manager of Florida Irrigation Supply, Inc., and that she hereby acknowledges the execution of the foregoing instrument for and on special instance and request. Notary Public • .94,001 NOTE: This is a statutory form prescribed by Section 713.20, Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver of release of lien that is different from statutory form. FINAL WAIVER AND RELEASE OF LIEN The undersigned lienor, in consideration of the final payment in the amount of $10.00, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished to Kempfs' Site Development, Inc.to the following described property: Gifford Park Ballfields 4715 43rd Avenue Indian River County, FL Dated N , 2014. Llenor's Name: Volvo Const. Equipment Printed Name: Address: 3120 NW 16th Terrace Signature: C-171 —)' City/State/Zip: Pompano Bch., FL 33064 STATE OF: PC' COUNTY OF: , Lc rG;e Sworn to and subscribed before me has produced by i)f9rvic? 5 6/I i l / py //-4day is either personally known to me or , as identification on this _t day of Ls u,� J- , 2014. Notary ,iV • Notary Public State of Florida • Fred R Parker Jr 067 yCommission xpires 04116 017FF 008623 E My Commission Expires: NOTE: This is a statutory Form prescribed by 713.20 Florida Statutes (1996). Effective October 1,1996 a person may not require lienor to furnish a waiver or release of lien that Is different from the statutory form. 140 FINAL WAIVER AND RELEASE OF LIEN The undersigned lienor, in consideration of the final payment in the amount of $10.00, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished to Kempfs' Site Development, Inc.to the following described property: Dated I 3 , 2014. Gifford Park Baltfields 4715 43rd Avenue Indian River County, FL Lienors Name: Biueline Rentals Printed Name: Address: 1449 NW Commerce Centre Pkwy. Signature: City/State/Zip: Port St. Lucie, FL 34986 STATE OF: COUNTY OF: Lq-, CLA Cif Sworn to and subscribed before me by a kictc5 �r;r%t 107 , who is either personally known to time or has produced , as identification on this 1 Q' day of A� k s f , 2014. 1111 Yd • Notary Pu is State of Florida Fred R Parker Jr My Commission FF 008823 • Expires 04/1812017 My Commission Expires: NOTE: This is a statutory form prescribed by 713.20 Florida Statutes (1996). Effective October 1, 1996 a person may not require Ilenor to furnish a waiver or release of Ilen that Is different from the statutory form. 141 Summit Construction of Vero Beach, LLC 2837 Flight Safety Drive Vero Beach, FL 32960 PARTIAL WAIVER AND RELEASE OF LIEN OR CLAIM AGAINST BOND The undersigned, in consideration of the PARTIAL payment in the amount of $13,518.00 hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished through 7/31/2014 to Summit Construction of Vero Beach, LLC to the following property: GIFFORD BALLFIELDS IMPROVEMENTS 4715 43RD AVENUE, VERO BEACH, FL 32960 This waiver and release does not cover any retention of labor, services or materials furnished after the date specified. Lienor's Name: KEMPF'S SITE DEVELOPMENT, INC. -1-1RI- l i 1 Signature LPd\ Date f Title State of Florida County of 1 vke,CLvs._ 1 V 5 The foregoing instrument was acknowledged before me this Ly day of /-hnv,vt , 2014 by f . ci die v, who ' ersonally know y furnished the following identification Seal CHRIeTY mum ** MY COMMISSION i FF 135252 EXPIRES: October 21, 2018 *6"" Bonded Thru Budget Nobry Services My commission expires: Notary Pu Note: This is a statutory form prescribed by Section 713.20, Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver of release that is different from the statutory form. Summit Construction of Vero Beach, LLC 2837 Flight Safety Drive Vero Beach, FL 32960 FINAL WAIVER AND RELEASE OF LIEN OR CLAIM AGAINST BOND The undersigned, in consideration of the FINAL payment in the amount of $9,365.00 hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished through 8/30/2014 to Summit Construction of Vero Beach, LLC to the following property: INDIAN RIVER COUNTY SOUTH COUNTY R.O. PLANT PAINTING, VERO BEACH, FL This waiver and release does not cover any retention of labor, services or materials furnished after the date specified. Lienor's Name: Ay. 1 , ERIOR & EXTERIOR CONSTRy6T10 , Si rfatu -IL Date Title State of Florida County of \VAato- 1L;v' The foregoing instrument was acknowledged before me this ? (4? day of 0-&vv`tf,-)e r , 2014 by b k Cadet tkr who i rsonall known '9r furnished the following identification Seal NYC ► MISSION FF 135252 Sea x EKES: October 21, 2018 -440rnd 8oadrdInfv/vdpgt'derYServices My commission expires: P Notary is Note: This is a statutory form prescribed by Section 713.2, Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver of release that is different from the statutory form. 143 Summit Construction of Vero Beach, LLC 2837 Flight Safety Drive Vero Beach, FL 32960 FINAL WAIVER AND RELEASE OF LIEN OR CLAIM AGAINST BOND The undersigned, in consideration of the hereby waives and releases its lien and materials furnished through 5/30/2014 to the following property: FINAL payment in the amount of $1400.00 right to claim a lien for labor, services or Summit Construction of Vero Beach, LLC to GIFFORD BALLFIELDS IMPROVEMENTS 4715 43RD AVENUE, VERO BEACH, FL 32960 This waiver and release does not cover any retention of labor, services or materials furnished after the date specified. Date Lienor's Name: R.F. CONCRETE CONST N,, INC. Signature Title State of Florida County of \v The foregoing instrument was acknowledged before me this Z2j day of (Vial/ , 2014 by 12D(\ who iersonally known furnished the following identification Seal ,...0"11.04, Notary Public Stale or Florida Christy Shuthan ornoMy Commission EE017547 Expires 10/11/2014 My commission expires: Str_/$(_( Notary Pub4tc Note: This is a statutory form prescribed by Section 713.20, Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver of release that is different from the statutory form. Summit Construction of Vero Beach, LLC 2837 Flight Safety Drive Vero Beach, FL 32960 FINAL WAIVER AND RELEASE OF LIEN OR CLAIM AGAINST BOND The undersigned, in consideration of the FINAL payment in the amount of $1,725.00 hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished through 4/30/2014 to Summit Construction of Vero Beach, LLC to the following property: GIFFORD BALLFIELDS IMPROVEMENTS 4715 43RD AVENUE, VERO BEACH, FL 32960 This waiver and release does not cover any retention of labor, services or materials furnished after the date specified. Date State of Florida County of jyga,,,,_ 12 t ✓e u" Lienor's Name: THE ROOF AUTHORITY, INC. -�1l�at Signature 11.P - Title The foregoing instrument was acknowledged before me this 1 q day of I'VIAy , 2014 by Lor.- who i following identification �} 040 Pot,": o 4 Notary Public State of Florida 7 c�_^, Christy Shulhan t My Commission EE017647 Expkes 10/21/2014 My commission expires: all known r furnished the Note: This is a statutory form prescribed by Section 713.20, Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver of release that is different from the statutory form. 145 Summit Construction of Vero Beach, LLC 2837 Flight Safety Drive Vero Beach, FL 32960 FINAL WAIVER AND RELEASE OF LIEN OR CLAIM AGAINST BOND The undersigned, in consideration of the FINAL payment in the amount of $28,787.15 hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished through 3/31/2014 to Summit Construction of Vero Beach, LLC to the following property: GIFFORD BALLFIELDS IMPROVEMENTS 4715 43RD AVENUE, VERO BEACH, FL 32960 This waiver and release does not cover any retention of labor, services or materials furnished after the date specified. Date State of Florida County of (v1Ci tv 24vu Lie BU is Name: JAMES A. SMALLEY UTILITY INGS, INC. nature eoffr/ Title The foregoing instrument was acknowledged before me this -r day of Atif , 2014 by A3 rytPh A . wvia(! ( who i ersonally kn�W,r or furnished the following identification IOP' r Notary Public State of Florida Christy Shulhan c. _ p My Commission EE017547 '?oF iso Expires 10/21/2014 My commission expires: i Notary Pu Note: This is a statutory form prescribed by Section 713.2, Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver of release that is different from the statutory form. 146 2014-04-04 09:40 WESTSIDE WELDING 7725648841 » Summit Construction of Vero Beach, LLC 2837 Flight Safety Drive Vero Beach, FL 32960 FINAL WAIVER AND RELEASE OF LIEN OR CLAIM AGAINST BOND The undersigned, in consideration of the FINAL payment in the amount of 5320.00 hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished through 3/25/2014 to Summit Con tructlon of Vero Beach, LLC to the following property: GIFFORD BALLFIELDS IMPROVEMENTS 4715 43RD AVENUE, VERO BEACH, FL 32960 This waiver and release does not cover any retention of labor, services or materials furnished after the date specified. Date State of Florida County of v16L4i1". 2.wC Lienor's Name: WESTSIDE WELDING, INC. Signature Title The foregoing instrument was acknowledged before me this 7 d y of , 2014 by VW C,C l& ►/V(&J f,,, who i7,pfrionally knowh or furnished the following identification Nii Notary Public State of Florida 4Y. Christy Shulhan J. My Commission EE017547 wn Expires 10/21/2014 My commission expires: e_e_M Notary Pub'li Note: This is a statutory form prescribed by Section 713.2, Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver of release that is different from the statutory form. P 1/1 147 Summit Construction of Vero Beach, LLC 2137 Flight Safety Drive Vero Beech, FL 32960 FINAL WAIVER AND RELEASE OF LIEN OR CLAIM AGAINST BOND The undersigned, la consideration of the FINAL paym.M In the amount o1 S1224.17 hereby waives and releases Its lien and right to claim a lien for labor, services or materials furnished through III1/2121,4 to Construction of Vero LL to the following property_ GIFFORD BALLFIELDS IMPROVEMENTS 4715 43RO AVENUE, VERO BEACH, FL 32960 This waiver and release does not cover say retention of labor, services or materials furnished after the date spedited. iienor's Name_ MANNING ELECTRIC OF VERO BEACH, INC, Signature t1/,� \1I2 Date Title State of Florida County of ( ta'v Q., vex The foregoing instrument was acknowledged before me this 1 2__ day of VO &CCte- 2035 by f ra n who�l k 1urnistied the following Identification . '`;:.' •`:,°�F CHRISTY SHULHAN Seal � * MY COMMISSION I FF 135252 a_.0,-- qrtc EXPIRES: October 21, 2018 Notary puc +�'',or rod'`~ Banded Taro Budges Miry Services My commission expires: Note: This Is a statutory farm presalbed by Section 713.21 Ronda Statutes 119961. Etedswe October 1. 1996, a person may not require a honor to furnish a waiver d release that Is different tram the statutory form. 148 3 s3uawano.1 J F+ lD 1+ w 1-+ F+ V m 1+ to .-.1- A W r-+ N i.- N 1,.. 0 to 00 V m In A W N 1-+ x rt 3 �..0 lau uulan Dona Dugout Remove Outfield Fence Fencing Concrete Slab Concrete Bench Irrigation Little League Irrigation Senior Field Irrigation Modification 'Certified Bermuda Warning Track 4" 7 N 2 A 0i Install 4" thick Clay _ Local Fill Clear & Grub Embankment NPDES Permit (Record Drawings Mobilization Erosion Control Item Description D N m « N N < n < < < t/ri r, lril liI trif v1 X N I-> w N 1-> N I-• CoO N 0 to N W 0 w 0 N A In Cr N NJ N N N 1-> In N O 080e000088808(nu,80 A co O m N N OD m In A 00 In O O N N + F+ 19 O V pop 01 00p0 01 pW 1+ O V O I-. N 1-+ N lo O A Aw 1J1-' 1 0 00 In ml/1000 8 V 0808 W �1 In In lD VD n 7 '. to Vt NJ ooN18ponop8AN 88000880080880880800888 to A 00 t/? m 1-. to to to I-+ N N 01 01 In co 0o In to to N A N N m Ni 1+ N co to Ql w to N bo �J1 ' m W O - coo N V A to W N A ID of ooNtiU,000 A N In N m w V to to W V in in W W lo N 08850 N tD 1-+ N N W Ni I- 1+ H 888888N88888N8888 /-+ o O A w 0 W 0 A N tri I- In N 1+ F+ 4,830.001 5,250.00 Oi F+ N 088888 1+ O~1 01 to 00 00p0 In 8 0 16,800.00 2,100.00 1,155.68 4,200.00 m W O 80 1+ 00 A 1 47,338.201 0 -1.+:4 CO 08 V W 34,670.10 2,940.00 42,525.00 735.00 6,312.18 7,560.00 3,570.00 W lD 8 0 0 8888888888$- 0 0 0 0 0 0 0 0 0 0.781 O 8888888888 o 0 0 0 0 0 0 0 0 to to 000000000000wa0000000 000000000000000000000 in in .m P in to .in tn. i. ( $0.00 $0.00 to 0 0 1+ N 0080 tD 1-+ NN N 88 1.00 1.00 31.00 2.00 N 1,080.001 to 00 N W O 340.00, 2,445.00 1.00 I-> 8 1.00 5.32 - 1p+ 8 0 1-+ 8 Total Work Comp!. Qty to to W 0 $6,142.501 to in mmANmmf+nO tN " V0000N In 8888280808000 to tto o r +000W00Q1 In O co, to O to A to to N to W V t/1 + IDAV1+ w 088 tW O O 1 $42,525.001 to ntoww w.4-0,.-4388800p I 0N000 toto m O O wnA 0 O r r 888 r %001 %001 %00T 1+ r N H r „ N r N %00T %001 I -,I- %001 %OOT %001 %001 1+ to to 0 0 00088000000000800808888 t- 0 tn. tn. in. 0 0 0 tn. V)IRtntntn 0 0 0 0 0 0 tn. 0 fn. 0 tntotntn 0 0 0 0 tn. 0 totniotr. 0 0 0 0 0 0 80000000000000000000000 0 0 0 0 0 0 0 0 0 0 0 co 0 0 0 0 0 0 0 0 0 f4 to to 00000000000000000000000 88888888080888888888885 to to to to to to to to to to to to to to to to to LIT to tf 3 s3uawano.1 D r -I 73 v1 K D OEn - D D °� D O C'a r Z 0 C -I<Oc)yD --I -I D 5 K m r G n C C v 0 3 yr O M N m of D 0K 1 v 1 -I 70 O D m < C G m m 0 K r QQ O m 2 m vm 0 MI 1 0 O 0 D n m D xi D K m cl m 1— m 1 m 0 0 r) 0 0 N D Co rn 0 1H101 ONVII9 m m T c 2 rn 0 D a 3 m m' v m C. c ti 0 to0 r0 t O m c ro0 n 0 00 N a m m NC_ 00 w FO' ro r- OQ n 0 d OJ 00 0 0 0 CD a c 00 0 c v 00 m a v 0 0 0 0 0. D G D G n G G N W W 00 00 N r N r r r N W 10 in 1.0 00 pN O W V O O O W 8 8 V W N 0 O O N 01 0 0 O O 8 8 lu 0 O O O N O N UJ O lO tr W 00 00 01 A ut {N{�11 'O 10 N 1.11 00 00 W 01 O O 0 0 W v O O O W 0 01 rn 2 8 V W v1 O 8 UJ V1 O O O N O 0 O O O W O O O 7n N N 0 1s In W O W lO In In O 8 W 10 OpD 8 8 N 8 O 0 8 r O pr O r 8 O 8 Gifford Park Ballfields Grading Improvements 0 u, W N 01 N 2 8 A 00 00 W Pal A 8 8 In V O 8 W O O1 2 b O V O 8 W in 0 8 r 0 O 8 UJ O 8 N O O 8 N O 2 8 O 0 O 9 8 O 0 O O 0 0 8 0 8 0 0 8 r w O W tO in VI 0 0 O 0 O O 0 0 O 8 O 8 t/f O 0 0 0 O 8 1/T O 8 0 O 8 3- r W 0 W lO in 3- W UJ lO CO N 8 r O 0 N 8 r O 0 r N 8 pr O r 8 pr pr N 00 W 0 W to Oa N rn O N A CO CO4.11 O 0 O A H CO CO 01 N 9 8 A W 00 00 rn In W 0 (.0 N A W co W 01 A A 8 O O W N V O 8 O 01 01 O 0 to V N 8 W N O 0 O QQ� Cu A 2 8 N O N W O W O r 8 r 0 r 8 ae N 8 r 0 0 r 8 r 8 O 8 0 0 0 0 0 0 0 0 8 0 O 0 0 8 O 8 0 8 O 0 0 8 O 0 0 0 8 O 8 9 8 9 8 O 8 0 8 0 0 0 0 8 O 8 9 0 0 8 0 0 0 0 0 0 0 0 0 2 8 O 8 9 8 0 0 0 0 0 0 0 150 1 1 SECTION 00622 - Contractor's Application for Payment Gifford Park Ballfields Grading Improvements Application for Payment No. For Work Accomplished through the period of through To: Indian River County (OWNER) From: (CONTRACTOR) Bid No.: 2014015 Project No.: 1336 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $ 2. Net change by Change Orders and Written Amendments (+ or -): $ 3. Current Contract Price (1 plus 2): $ 4. Total completed and stored to date: 5. Retainage (per Agreement): % of completed Work: % of retainage: Total Retainage: 6. Total completed and stored to date less retainage (4 minus 5): 7. Less previous Application for Payments: 8. DUE THIS APPLICATION (6 MINUS 7): $ CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included, 00622 - Contractor's Application for Payment - 03-10 rev.doc F 17ublic WO1ks\ENGINEERING DIVISION PROJECTS11336-Gi0or0 Senior Ballfield00622 - 1 Wdm nlbid documenls1MaslerContractlCornract Documents \00622 - Contractors Application for Payment - 03-10 rev.doc Rev. 05/01 151 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2. Updated Construction Schedule per Specification Section 01310, and Dated By: STATE OF FLORIDA COUNTY OF INDIAN RIVER Page 2 of 5 (CONTRACTOR — must be signed by an Officer of the Corporation) Print Name and Title Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared who being by me first duly sworn upon oath, says that he/she is the of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it, and that he/she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct, and complete. Subscribed and sworn to before me this day of , 20 is personally known to me or has produced as identification. (SEAL) NOTARY PUBLIC: Printed name: Commission No.: Commission Expiration: *******AA*AA****-k********1r***nt*********AAAAAAAA*at***************************fr*******frlr [The remainder of this page was left blank intentionally] 00622 - Contractor's Application for Payment - 03-10 rev.doc 006 2 - 2 F \Public WorksIENGINEERING DIVISION PROJECTS11336-GMora Senor BaiMreitlVdmi?y,d doamentseAasterConvact0Contrad Doannams100622 - Crn,traotoes APpl.ratron 10, Payment - 03-10 rev doc Rev 05/01 152 IRC PROJECT NO. 1336 - GIFFORD BALLPARK FIELDS PAY APPLICATION y LTO — V rF o o 0 0 0 3,570 00 0.00 0.00 00'0 000 00 0 00 0 00 0 00 0 00 0 00 0 00'0 0 0 0 0 0 0 00'0 000 00.00z'o 00'O 00'0 o 0 0 000 000 00'0 O S O O .- 000 000 000 000 00'0 o O a O 0.00 S O O O 0.00 0.00 o O 000 000 00'0 00'Z 00'0 000 0.00 0.00 0.00 N% O� .O a'O W 00 00'0 00'0 000 00'0 0 O 0 0 O 0.00 0.00 00'0 00'0 O O 00'0 00'0 0 O 0 0 O O 0.00 0.00 0.00 0.00 0.00 0.00 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O w J E.' f O V J — .. o8 m ^f0 000 O 6 42,525.00 34,870.10 O o O OQi O m O 4- 6 (0 O m O h O Q 4O N O O MN b 16,800.00 2,100.00 O Oo �' 0 O O 00 O , O o N lD 1,575.00 6,142.50 4,830.00 5,250.00 a, 7,350.00 C O• O O 1 0.00 N O O 2,445.00 340.00 230.00 O N O O O 00'L 1.00 1.00 31.00 O O 2.00 OOL O c O 12.00 00'L O K w a N_ d — it i O O O O O O O O 00'0 O O O O O O 0.00 I 8,353.80 O O O OOOO O O O O 0.00 O O O O 1 00'0 O O O O O OOO O O g} a. a N 3 i•-- 6 LL — . 39,900.00 7,560.00 a O 735.00 m a.i N O 6 N Q 34,670.10 2,940.00 17,493.00 30,187.50 47,338.20 Q 6,300.001 16,800.00 2,100.00 1,155.68 O O O O O ,- 16,800.001 O n 6,142.501 O O Q N N O N 11 7,350.00 I 7,350.00 1.00 7,350.00 No S ul OO O O O O O - th h O O O p M < Q N 0 0 O O pO O O N N Q O O 00 Oa O O O O O O O N O O O O O .- O lV O O r 0 Oi O O O O O SCHEDULED VALUE Lr O 0001 co 00 N 3,570.00 O N co 6,312.18 42,525.00 34,670.10 2,940.00 o cn Q 30,187.50 55, 692.00 1,814.40 O O 16,800.00 2,100.00 1,155.68 4,200.00 18,800.00 O 0 O 1,575.00 co N r d 4,830.00 5,250.00 3,150.00 co N O O N ^ O O h O O f� N O O O N9 N Q ,_ O Oco Q N N N O O ^O co O S O l0 O m p O N O N f7 IV O O O N O O O O O O O O O N N O N N O co t0 O N N N Rom No. I Description 1 Quantity 1 Unit ROADWAY IMPROVEMENTS ROADWAY MATERIALS 1 MOBILIZATION 1 LS EROSION AND WATER POLLUTION PREVENTION 2 CONTROL 1 LS 3 RECORD DRAWINGS/AS-BUILT DRAWINGS 1 LS 4 N.P.D. E.S. PERMITTING1 LS CLEARING AND GRUBBING (REMOVAL OF EXISTING 5 GRASS) 5.32 AC J U J U U Q (n CO CO J (� Q Q Q Q Q0 Q N Q --yly ISERVICECHEDULE 40 CONDUIT, TO EXIST. ELECTRIC I 1 I LS 1 F.%NW WMa�ENGINEERING DIVISION PRQ1ECTS133601SorE Sang, fl dAEmMIWnha<1& Pay ApplollmNPay AppOcatlen F.1 Q `- O III O O NN O O Nr EMBANKMENT (SPREADING & LASER GRADING OF IN PLACE FILL MATERIAL) LOCAL FILL TO ACHIEVE MINIMUM PERMEABLITY RATE OF 12'/DAY (IN PLACE QUANTITY) THICK CLAY AT AREA OF BERM AT BEGINNING OF OUTFIELD OF LITTLE LEAGUE FIELD (ESTIMATED 32 CY PITCHERS MOUND AND BASE I HAPS)(SENIOR SOFTBALL AND LITTLE LEAGUE FIELDS) (TRUCK WARNING TRACK MATERIAL (SENIOR SOFTBALL AND LITTLE LEAGUE FIELDS) (TRUCK MEASURE) CERTIFIED CELEBRATION BERMUDA (SPRIGS) APPLIED AT A RATE OF 1300 BUSHELS PER ACRE PERFORMANCE TURF (SOD) (BAHIA) IRRIGATION (MODIFICATION TO FOOTBALL FIELD) IRRIGATION (SENIOR SOFTBALL FIELD COMPLETE) IRRIGATION (LITTLE LEAGUE FIELD ADJUST AND UPGRADE AS NEEDED) NEW CONCRETE SLAB FOR DUGOUTS (8" THICK) (SENIOR SOFTBALL FIELD) CONCRETE BENCH W/ LA/NUKE 1 t BLOCK SUPPORTS (18' L X 1' W X 20" H) (SENIOR SOFTBALL FIELD) FENCING (REMOVE AND RESET EXISTING AS REQUIRED) (SENIOR SOFTBALL FIELD) D UGOUT ENCLOSURE COMPLETE (NEW FENCING, ROOF, ETC.) (SENIOR SOFTBALL FIELD) REMOVE EXISTING EXTERIOR OUTFIELD FENCE (LITTLE LEAGUE FIELD) MODEL # 125-245-229)(BRIGHT YELLOW) (250' ROLLS) (OR SUBSTITUTE AS APPROVED BY OWNER)) D ISPLAY ((MAwnt00k MODEL #MSBBS5) W/ WIRELESS CONTROLLER (OR SUBSTITUTE AS PUBLIC CONSTRUCTION BOND 1 RCC I LIGHTS (70 WATT, 8300 LUMENS, 120V 1 PH ) ;POLE MOUNTED) (POLES PROVIDED BY OWNER) N I� m W O .- N 0 Q N (0 n co O N N N N co < GIFFORD BALLPARK FIELDS IRC PROJECT NO. 131 PAY APPLICATION ti - O ti ZU mQ -3,570.00 -4,200.00 o o O ro o- o m 000 0.00 1 0.00 o 0o 0 TOTAL 13,039.554 o 0 • o 2.00 O o ~ OO m o N �'.� 0 0 00 0 SUBTOTAL l I1 MATERIALS ggqq 0 0 O 0 0 o 00'0 0 0'7 0'1 O •' ':� o 0 0.00 0 0 0.00 0 G C 0 0 o o m Q CO 'r -C o N 0 o m y 0 2 O o 0 . O O O '° g ONI i 'T � • i v O N o '4) O 0 00 O U TOTAL I 413,886.45 U O N6 000 O 3,398.00 SUBTOTAL O k O O S C f U O O O OO O O 0.00 8,353.80 ` O O O O O O C 0 TOTAL 8,353.80 CO 0 110 O 7 y V d O O o O 0 O O O O 0 0 48 183.84 398 572.20 V ' }i N 4.T ry O V O O O N O TOTAL 426,926.00 TOTAL 405,532.65 ;) ZF W a 7L O fV 00 O O m~ p M i - -IO Cn CO CO 0 .- 0 - O I- J CO m J SCHEDULED VALUE 111111 UN! Prb. 'J' ..Amw,nt 0 O 0 a L-3,570.00 •4,200.00 48,183.64 408, 928.00 n e 0 N N 3,450.00 o 0 O O r v 0 m W b O0 NI 2 O OA O 0 O' q Fa- Q O (L CO O i-- o N 0 O o Q 0 O p O .- 0 m 7 CO q W CO NO 2 ADD FILL MATERIAL I 3,398 1 CY MISCELLANEOUS FORCE ACCOUNT • ORIGINALLY 820,000 1 J co J SUB WORK CHANGE DIRECTIVES GIFFORD BALL PARK TOTAL N N LIGHT POLE ADAP 1 r WwrlptIon .. WOODEN SHED 20' x 36' x 8' Remove Record Drawings/As Builts Item No. 3 'Remove Concrete Bench Item No. 17 MOVE DUGOUTS EXTRA IRRIGATOIN i CO NO 1 _ Z p N O O 0 t O N Z 0 0 8 n RETAINAGE OF WORK COMPLETED AT 0% TOTAL COMPLETED AND STORED LESS RETAINAGE F O D 0 a USING DIVISION PRO 154 go INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: April 10, 2015 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrator FROM: Jason Brown, Director, Office of Management and Budget, a Jennifer Hyde, Purchasing Managers-� SUBJECT: Procurement of Modular Units and Budget Amendment for Fire Rescue Stations #1 and #7 and Miscellaneous Budget Amendment 012 BACKGROUND: On February 17, 2015, the Emergency Services District presented recommendations to the Board regarding various capital improvements. Fire Rescue Station #7 has been at its current location for more than 30 years, and in that time, significant expansion has occurred along the SR -60 corridor west of 43rdth Avenue, resulting in a need for the station to be located closer to both SR -60 and 1-95. The station also requires renovations for continued habitability, however staff suggested the best course of action is to move personnel into a new modular facility at a temporary location closer to the interstate, rather than spend money to upgrade a facility that is not in the most appropriate location. Fire Rescue Station 1, also more than 30 years old, is scheduled to undergo significant renovations in the coming months, with Work Order #1 to Barth Construction approved by the Board on December 16, 2014. The renovations at Station 1 necessitate the temporary relocation of personnel into a modular unit for a period of 12-18 months. Construction is anticipated to begin in June of this year. EVALUATION Over the past few months, staff has researched available various temporary housing options that might be considered for both stations. Many were eliminated due to their failure to comply with code requirements (occupancy rating, safety, ADA -compliance and durability). Others were eliminated because their layout was impractical for long term utilization by our crews. Purchase of modular units is the best solution at both stations. Modular structures are durable 012 misc ba Fire Rescue Modular Stations 155 if maintained, and can be expected to last 25-30 years. The structures can be relocated to establish new fire rescue stations in other areas of the County, transferred or sold to other County departments, or sold as surplus. Additionally, the only short-term (less than 60 month) lease option was for a maximum 12 -month term at $3,860 per month, plus setup and return fees, totaling $58,760. With the anticipated need for the modular unit at Station 1 at 12-18 months and Station at 36 months, leasing is not suitable. As needs and requirements were identified, staff focused on a five bedroom, 60 -foot by 24 -foot building, with quotes received as shown below. The units are in compliance with Florida Building Code and for a 170 MPH wind rating, and are rated for R-2 Dormitory Occupancy. The prices listed below reflect the cost for manufacture, sealed engineering drawings, delivery, and setup, and include skirting, ADA -ramp and steps/landings. Vendor Unit Price Total Cost for Two Units Modular Building Services International (MBSI) $99,853.00 $199,706.00 Advanced Modular Structures $102,128.00 $204,256.00 American Custom Modular $104,000.00 $208,000.00 Williams Scottsman $138,942.00 $277,884.00 In addition to having the lowest price, the prepared floorplan of the MBSI unit was determined to be the most suitable. Any of the vendor floorplans could have been modified to an extent, but would have added additional time to the procurement. On April 10, 2015, the County Administrator authorized a Purchase Order for $199,706 for the purchase of modular units to be utilized at Fire Rescue Stations 1 and 7. The units are expected to be delivered within five weeks of staff approval of the plans (which is scheduled for the week of April 13, 2015). Based upon the recommendation of our remediation consultant, furnishings and appliances may be moved from the stations into the modulars, or new will be purchased. Site work and permitting will be required, prior to the arrival of the modular units. Staff will work with a local contractor to accomplish these tasks. FUNDING/BUDGET AMENDMENT: Funding for renovations at Station 1 ($750,000) and Station 7 ($500,000) are included in the current fiscal year budget for the Emergency Services District. As presented to the Board on February 17, 2015, the District is no longer planning to renovate this facility, but rather replace it with a new facility at a more optimally located site in the future. Funding for the modular units is not included in the current budget. Staff recommends Emergency Services District contingencies as the source for these costs. In addition to the cost of the modular units, staff anticipates several additional costs such as; utility connections, furniture, cleaning/remediation 012 mise ba Fire Rescue Modular Stations 156 of furniture and equipment from the existing stations, etc. as shown below. Please note, this does not include the cost to lease property for the Station 7 modular unit. Staff is currently investigating potential locations for this modular unit. In the event the modular is located on County -owned property, then no lease payments would be incurred. If the site is leased from a private land owner, then a budget amendment for the necessary lease payments will be submitted long with the lease for Board approval. Item Description Estimated Expenses Modular Units (construction and delivery) $199,706 Utility connection costs $70,000 Furniture & operating supplies $30,000 Cleaning/remediation of furniture & equipment $15,000 Contingency $45,000 Total Estimated Expenses $359,706 RECOMMENDATION: Staff recommends the Board ratify the County Administrator's approval of Purchase Order 71273 to Modular Building Services International (MBSI) in the amount of $199,706.00. Staff further recommends that the Board approve the attached budget resolution amending the fiscal year 2014/2015 budget. ATTACHMENT: Purchase Order # 71273 Budget Amendment 012 and Resolution APPROVED AGENDA ITEM BY: C Joseph A. Baird, County Administrator 012 misc ba Fire Rescue Modular Stations Indian River Co Approved Date Admin pi,1 y /,f Legal C '� Budgetii, 41 Department Risk Manager 157 RESOLUTION NO. 2015- 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 , 2015. 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 AB TO FORM AND LEGA UFFICIE Y OUNTY ATTORNEY 158 Resolution No. 2015 - Budget Office Approval: E hibit "A" Jason I BrownBudget Directo( Budget Amendment: 012 Entry Number Fund/ DepattrrVAccount Name Account Number Increase Decrease 1. Expense Emergency Services District/Fire Rescue/Modular Buildings -Stations 1 & 7 11412022-066290-15020 $314,706 $0 Emergency Services District/Fire Rescue/Operating Supplies/Fire Mod Bldgs 11412022-035290-15020 $45,000 $0 Emergency Services District/Reserves/Reserve for Contingency 11412022-099910 $0 $359,706 159 S H P Q. L L T O v E D 0 R Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960 Purchasing@ircgov.com (772) 226-1416 Finance Department County Administration Building 1801 27th Street, Bldg A Vero Beach, FL 32960 Finance@ircgov.com Florida Sales Tax Exemption I.D. # 85-8012622034C-3 MODULAR BUILDING SYSTEMS INTERNATIONAL 614 E H WY 50 STE 326 CLERMONT FL 34711 Purchase Order Fiscal Year 2015 Page 1 of 1 THIS NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES AND SHIPPING PAPERS. Purchase Order # 71273-00 EMERGENCY OPERATIONS CENTER 4225 43RD AVENUE VERO BEACH FL 32967 Vendor Phone Number Vendor Fax Number Requisition Number MINFFMTAct Person IIIIIIIIIIK 1476 BRIAN BURKEEN 772-226-3864 Date Ordered Vendor Number Date Required Freight Method/Terms Department/Location 04/10/2015 67084 FIRE SERVICE Item# Descripton/Part No. Qty UOM Unit Price Extended Price MODULARS FOR FIRE STATIONS 1 24X60 NOMINAL BUILDINGS FOR R-2 OCCUPANCY, 2.0 Each $86,192.000 $172,384.00 MANUFACTURED TO SPECIFICATIONS IN QUOTE DATED 4/8/15 AND REVISED BUILDING SPECIFICATIONS DATED 4/2/15 AND IN COMPLIANCE WITH FBC 2010 AND MEETING 170 MPH WIND CODE, CATEGORY IV, LESS APPLIANCES ($3,744 DEDUCT), DELIVERED TO VERO BEACH, FL. ALSO INCLUDES ATTIC ACCESS IN BOTH MODULARS. 11412022 - 066290 - 15020 $172,384.00 2 SETUP OF BUILDINGS PER SPECIFICATIONS IN 2.0 Each $3,600.000 $7,200.00 QUOTE DATED 4/8/15 AND REVISED BUILDING SPECIFICATIONS DATED 4/2/15 AND IN COMPLIANCE WITH FBC 2010 AND MEETING 170 MPH WIND CODE, CATEGORY IV 11412022 - 066290 - 15020 $7,200.00 3 SKIRTING (MATERIAL AND LABOR) 2.0 Each $2,621.000 $5,242.00 11412022 - 066290 - 15020 $5,242.00 4 MATERIALS AND LABOR TO CONSTRUCT ON SITE: 2 2.0 Each $7,440.000 $14,880.00 5'X5' LANDINGS WITH STAIRS/HANDRAILS AND 1 6'X6' LANDING WITH UP TO 36' ADA -RAMP WITH SWITCHBACK LANDING PROVISION (INCLUDES REGULAR AND ADA HANDRAILS, SPINDLES) CONSTRUCTED OF PT LUMBER AND INCLUDED ON SEALED ENGINEERING PLANS 11412022 - 066290 - 15020 $14,880.00 ******** GL SUMMARY ******** 11412022 - 066290 - 15020 199,706.00 DEPARTMENT COPY $199,706.0010 April 15, 2015 Sheriff Deryl Loar Indian River County Mr. Joe Baird, County Administrator Indian River County 1840 25th Street Vero Beach, Florida 32960 9R RE: Notice of Request to be placed on the April 21, 2015 Board of County Commission Agenda Dear Mr. Baird, Please allow this letter to serve as a request to be added to the Constitutional Officers and Governmental Agencies portion of the April 21, 2015 BOCC agenda. Indian River County Sheriff's Office is applying for the Office of Justice Programs, Bulletproof Vest Partnership grant. This grant, if approved, will reimburse the Sheriffs Office for 50% of officer safety vests purchased over the next two years. The total dollars earmarked for this grant is $20,288 (half of the total cost to replace 66 vests). The application, along with the Indian River County Finance Office grant form, is included with this request. Should you have any questions, please contact Planner, Amber Grier, at 772-978-6214. Thank you for your assistance. Sincerely, Deryl Loar, Sheriff Indian River County DUamg Enclosure cc: file 4055 415t Avenue, Vero Beach, Florida 32960 www.ircsheriff.org (772) 569-6700 00.1 61 GRANT NAME: Bulletproof Vest Partnership Grant Program GRANT # AMOUNT OF GRANT: $20,288 DEPARTMENT RECEIVING GRANT: Indian River County Sheriff's Office CONTACT PERSON: Amber Grier, Planner TELEPHONE: 772-978-6214 1. How long is the grant for? 1 Year Starting Date: October 1, 2015 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In -Kind services? Yes No 4. Percentage of match to grant N/A 5. Grant match amount required 1 0 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? N/A 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs: $0 (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries $20,288 Second Year 011.13 Other Salaries & Wages (PT) Fourth Year 012.11 Social Security Fifth Year 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? ` 0,2RR Signature of Preparer: Date: April 15, 2015 162 Grant Amount Other Match Costs Not Covered Match Total First Year $ 20,288 $0 $0 $20,288 Second Year Third Year Fourth Year Fifth Year Signature of Preparer: Date: April 15, 2015 162 Jurisdiction's Handbook 1. Registration 1.1 Agency Information 1.2 Agency Contacts 2. Application 2.1 Application Profile 2.2 Manage Application 2.3 Review Application 2.4 Submit Application 2.5 Mandatory Wear Policy 3. Payment 3.1 Bank Information 3.2 print Bank Form 3.3 Manage Receipts 3.4 Payment Request 3.5 Payment History 4. Status 4.1 Current Status 4.2 LEA Status 4.3 Application History 5. Personal Information 5.1 User Profile 5.2 Change Password v\-Logout7 BVP HELP DESK (Toll -Free 1-877-758-3787) NIJ Standards Glossary BVP Manuals Section Application > Review Application > Review BVP Application for Funding OMB #1121-0235 (Expires: 10/31/2016) Below is the current status of your application. To add more vests to your application or to make modifications to your application, use either the 'Update Details' Zink in the 'Application Status' column or step 'Manage Application' in the left hand menu bar. Application Profile Participant INDIAN RIVER COUNTY Fiscal Year 2015 Number of Agencies Applied 1 Total Number of Officers for Application 297 Number of Officers on Approved Sub -Applications 297 Unspent BVP Funds Remaining $0.00 Unspent BVP Funds Obligated for $0.00 Vest Purchases Review BVP Sub -Application Profile Fiscal Year 2015 Vest Replacement Cycle 5 Number of Officers 297 Emergency Zylon Replacement 0 Replacement Stolen or Damaged 0 Needs 66 Officer Turnover 0 Review BVP Application for Funding Applicant Quantity Total Cost Date Submitted Application Status INDIAN RIVER COUNTY 66 $40,576.00 Created Update Details Grand Totals: 66 $40,576.00 Proce.E [o SubmR Abpl.mben 163 https://grants.ojp.usdoj.gov/...les/apps/jurorder.jsp?isReview=N&applYear=2015&Ievel1=Application&Ievel2=Review+Application&alertlf [4/7/2015 4:49:00 PM] 4!8/2015 1. Registration 1.1 Agency Information 1.2 Agency Contacts 2. Application 2.1 Application Profile 2.2 Manage Application 2.3 Review Application 2.4 Submit Application 2.5 Mandatory Wear Policy 3. Payment 3.1 Bank Information 3.2 Print Bank Form 3.3 Manage Receipts 3.4 Payment Request 3.5 Payment History 4. Status 4.1 Current Status 4.2 LEA Status 4.3 Application History 5. Personal Information 5.1 User Profile 5.2 Change Password Logout BVP HELP DESK (Toll -Free 1-877-758-3787) Jurisdiction's Handbook LLNI3 Standards'-'LGlossary.'LBVP Manuals - Section Application > Review Application > View/Update Application OMB #1121-0235 (Expires: 10/31/2016) Listed below is each of the vests which you included in your application. You may view, change or delete the information shown for each type of vests listed by clicking on its 'Model Name'. Participant Fiscal Year Number of Agencies Applied Total Number of Officers for Application Number of Officers on Approved Sub -Applications Unspent BVP Funds Remaining Unspent BVP Funds Obligated for Vest Purchases Fiscal Year Vest Replacement Cycle Number of Officers Zylon Replacement Emergency Stolen or Replacement Damaged Needs Officer Turnover Sub -Application Profile Vests for 2015 Regular Fund Model Quantity Specification Name UG062XG 30 II GPBII-3 34 II UG062XG- F Grand Totals 2 II 66 Retum to Review Application INDIAN RIVER COUNTY 2015 1 297 297 $0.00 $0.00 2015 5 297 0 0 0 Gender Unit Extended Tax/S&H Total Cost Price Cost M $605.00 $18,150.00 N $624.00 $21,216.00 F $605.00 $1,210.00 $0.00 $18,150.00 $0.00 $21,216.00 $0.00 $1,210.00 $40,576.00 $0.00 $40,576.00 https://grants.ojp.usdoj.gov/twppvests/riles/apps/editorder.jsp?isReceipt= N&applYear=20158jurRev=Y&jur RevStatus=05 Add Vests to Application Deny Application 1164 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION /051 Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Bill Rigby ADDRESS: 8465 59th Avenue PHONE: 772-501-4753 SUBJECT MATTER FOR DISCUSSION: Awarding of Franchise Agreement IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? YES YES YES X X X NO NO NO Revisit Recent Award of Contract Waste Hauling ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? YES NO Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: Joseph A. Baird 2/, 09D/5-- Document2 Board Approved 11/7/06 165 14-- 21- 2_01 Io.B.Q. Words for County Commission — April 21 I want to thank you for considering an Ordinance to control Short Term rental in Indian River County. What you have proposed is a start, but much more is necessary. I have given to Commissioner O'Bryan and your Attorney's office a copy of the Monroe County Ordinance which is much more comprehensive and a copy of the Florida department of Business and Professional Regulation that requires these rentals to be licensed. I hope you will read that ordinance and consider adopting some of its provisions in your ordinance. I also gave each of you a letter from a committee of the IRNA outlining some of those provisions. I hope you see that these provisions are necessary for the best interests of you, the County Commission and the Residents of Indian River County, Read letter to Commission. You will probably hear from owners that these provisions would interfere with their property rights. But remember, their neighbors have property rights also. The right to a safe, quiet residential neighborhood that protects their property values. We are not trying to ban short term rentals, only regulate them and make them safe. I live in the city of Vero Beach and so am not covered by the County ordinance, however, let me tell you why I am involved. I have been a member of the National Fire Prevention Association NFPA for over 20 years, I am a member of the electrical committees for NFPA 70, The National Electric Code, NFPA 99 Health Care facilities and NFPA 110 & 111 which deal with standby power. I am also working with the Consumer Product Safety Commission CPSC and Underwriters Laboratories to try and make portable generator set less lethal. You probable heard on the news two weeks ago how 8 people died when the father brought a gen set into his kitchen and started it. Small gen sets put out a lot of Carbon Monoxide which accumulates in the blood and poisons you. The NFPA sends out a magazine every month listing fire deaths. Many of those deaths are due to house fires in houses not equipped with smoke detectors. Some of those deaths are because a smoker fell asleep on a couch or chair with a lit cigarette. With young people overindulging in alcohol and smoking this could easily happen in a transient rental. Therefore, I am asking you to at least put in the Indian River County ordinance the following 1. Make the owner license the property with the County so you know how it is being used. 2. Require an annual inspection to ensure the property has working smoke detectors in all bedrooms and the living area and a Carbon Monoxide detector in the living area. However, the complete adoption of the Monroe County ordinance would be the best and safest option for all involved. Hopefully, you will now ask the County Attorney to put together a much more comprehensive ordinance for you to vote on at the May 5 County Commission meeting. Thank you, Herb Whittall 105-- 4 .21. 245 To: County Commissioner Wesley S. Davis April 17, 2015 Subject: Short Term Rentals On May 5, 2015 you will be voting on a resolution to restrict Short Term Rentals to having up to 5 cars maximum. This is authorized by Section 509 032 (7) of the Florida Statutes. Indian River County has had several instances where the short term rental occupants have caused grievous harm to the residential neighborhood. This section allows you to make establishments that are rented out for less than 30 days meet the commercial requirements for Parking, Fire, Life Safety, Sanitation, Noise and Occupancy. The county has chosen to only to apply one of those, parking. Commissioner O'Bryan and the County Attorney have been given a copy of the Monroe County Special Vacation Rental Permit documents that are much more complete than yours and could be easily copied and turned into a comprehensive Indian River County Ordinance. However, if Indian River County (IRC) decides not to enact the Monroe County Ordinance the IRC should at least enact the following: 1. Inspect each of the premises and ensure that all bedrooms have working smoke alarms and the living area has a working carbon monoxide alarm. (Commercial requirements would make the home have to be equipped with a sprinkler system and have emergency lighting to egress points) (House fires are the biggest cause of loss of life in the USA according to the Nation Fire Prevention Association). 2. The occupancy is restricted to no more than 2 persons per bedroom. 3. The sanitary system is adequate or hooked up to a sewer system. 4. Adequate garbage containers are present. 5. The premises be registered with and licensed and inspected by the county for this use per Florida Statute. 6. An employee of or the owner be physically present at the property to deal with emergencies etc. as is done in boarding houses. These are all available to the County under Section 509 032 (7) of the Florida Statute. It is up to you to request your staff to write up an ordinance for your approval. Signed: ►GS.3 Departmental llinters INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AI Community De P opment Director THROUGH: Sasan Rohani, AICP s' Chief, Long -Range Planning FROM: Bill Schutt, AICP �-- Senior Economic Development Planner DATE: SUBJECT: April 9, 2015 CONSIDERATION OF MODIFICATION #1 TO THE VOLTEDGE, INC. CONTRACT FOR DETAILED TARGET INDUSTRY ANALYSIS, AND REQUEST FOR PARTIAL FUNDING FOR ECONOMIC DEVELOPMENT BRANDING AUDIT AND MARKETING PLAN SERVICES It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of April 21, 2015. DESCRIPTION AND CONDITIONS At its November 12, 2013 meeting, the Board reviewed a request from the Economic Development Council (EDC) to create a budget and a Request for Proposals (RFP) for an Economic Development Positioning Plan. At that meeting, the Board authorized the RFP process and funding of up to $75,000 for development of the positioning plan. The Board also directed staff to coordinate with the Indian River County Chamber of Commerce on development of the RFP and throughout the positioning plan process. As directed by the Board, the RFP was issued in April 2014. Upon review of the proposals, Voltedge, Inc. (hereafter referred to as Ady Advantage) was selected to prepare the Economic Development Positioning and Action Plan for the County for Phase I services for a price of up to $80,000. On June 17, 2014, the Board reviewed and approved a contract 1 166 with Ady Advantage for $80,000. At that time, it was felt that optional Phase I and Phase II consultant services with additional costs could be considered at a future date with any additional services added via contract modifications/amendments. On March 3, 2015, the Board considered and accepted the completed Strategic Positioning, Target Industry Assessment & Action Plan (herein after referred to as report and action plan) and approved to proceed with implementation of action plan strategies (see Attachment 1). During the March 3rd presentation, it was noted that there were six separate strategies with related action items included in the action plan and that three of the strategies (Strategies 2, 3, and 4) would involve hiring consultants/outside services at additional cost. Those three strategies, related action items, primary responsible entity, and anticipated additional outside service provider cost are listed in the table below. A copy of the complete report and action plan with all six strategies can be found on the project website at: http://www.ircedd.cotn/Planning Division/EDPAAP/Final-Action-Plan- Report.pdr Strategy # Action Item Primary Responsible Entity Outside Service Provider Cost 2 Conduct Detailed Target Industry Analysis Consultant (Chamber and County) $16,000 Create Target Industry List and Develop Positioning Statements for Each Consultant (Chamber and County) Create Industry Sell Sheets Consultant (Chamber and County) 3 Conduct Brand Audit/Marketing Plan Chamber $25,000* Create Economic Development Brand Chamber Implement ED Branding and Marketing Plan Chamber 4 Develop Stand-alone Economic Development Website Chamber $5,000* Develop Materials for Economic Development Website Chamber *Actual cost for these activities may vary, depending upon service providers selected and scope of work. Since Board approval of the report and action plan, both County and Chamber of Commerce staff coordinated on the timing and implementation of Strategies 2, 3, and 4 and on cost sharing for the activities associated with those strategies. With respect to timing, Chamber and County staff agreed that Brand Audit and Marketing Plan activities (Strategy 3) will depend upon the results of the detailed Target Industry Analysis (Strategy 2). Consequently, the Brand Audit/Marketing Plan activities should occur after the detailed Target Industry Analysis is completed. With that determination, the proposed implementation timeline was modified to adjust the start date for Strategy 3 to September 2015 instead of the previously proposed April 2015 start date (see Attachment 2). Anticipated implementation dates for all other strategies and activities remain unchanged. 2 167 County and Chamber staff have also coordinated with respect to funding and specific responsibilities for implementing Strategies 2, 3, and 4. Staff and the Chamber propose that the County fully fund and contract with Ady Advantage for the detailed target industry analysis ($16,000), that the Chamber contract and manage the Branding Audit/Marketing Plan activities with costs shared 50/50 between the Chamber and the County ($12,500 each), and that the Chamber contract, manage and fully fund the stand-alone economic development website. Based on that proposal, the Board is now to consider amending the Ady Advantage contract for the detailed target industry analysis and authorizing funding of up to $12,500 for Brand Audit/Marketing Plan activities. ANALYSIS Detailed Target Industry Analysis (Strategy 2) Staff has prepared a detailed target industry scope of services and a modification (modification number one) to the contract between Indian River County and Ady Advantage (see Attachment 3). As structured, that contract amendment does the following: 1. Adds a new Attachment B, which authorizes consultant to prepare a target industry/cluster analysis report for the County, comprised of an economic base analysis, target industry asset maps, and target industry positioning statements, based on a scope of services. The scope of services provides specific analysis and analysis report requirements. 2. Provides a timeline for completion of the target industry/cluster analysis report and specifies total payments of $16,000 to be made to consultant by County for the report. As proposed, Ady Advantage will build upon the target industry assessment work that it has already completed on behalf of the County to prepare an in-depth Target Industry Analysis for the County. With the analysis, the consultant will compare the County's existing industries to the region, state and United States as a whole in order to better understand the County's competitive position. The end result will be a list of specific industries that will be used by the County and Chamber of Commerce to market the County. The specific target industry list will not replace the County's current target industry list located in the Economic Development Element of the County's Comprehensive Plan. That list is a broad and inclusive list of industries adopted by the County to be consistent with the State's target industry list. That list will continue to be used for the County's incentive programs such as the local jobs grant program along with the State's economic incentive programs to encourage good high paying jobs from a broad range of industry types. As noted in the Economic Positioning report and action plan, the target industry list generated from the detailed target industry analysis will enable the Chamber and County to strategically focus marketing efforts. 3 168 Brand Audit/Marketing Plan/Website Development (Strategies 3 & 4) The Chamber of Commerce will be taking the lead in managing and contracting for consultant services to complete a Brand Audit and Marketing Plan (see Attachment 4) and to complete a stand- alone economic development website. In this capacity, the Chamber is not bound to the County's purchasing requirements and is not bound to the existing contract with Ady Advantage. This will allow the Chamber the opportunity to explore the possibility of working with additional qualified consultants, which may provide more exposure for the County. As proposed, the cost of the Brand Audit and Marketing Plan will be equally shared by the County and Chamber (50% provided by the County, not to exceed $12,500). The scope of services proposed by the Chamber for branding/marketing activities is consistent with the strategies and actions contained in the action plan. Activities to be accomplished include but are not limited to development of marketing activities/steps, review of existing marketing materials, logos, and taglines, and recommendations to refresh or otherwise change existing marketing materials, logos, taglines, and advertisement methods. Once completed, the Brand Audit and Marketing Plan will be presented to the EDC and to the Board. The cost of development and maintenance of the stand-alone economic development website will be borne by the Chamber. A scope of services will be developed by the Chamber at a future date and management of the project will be handled by the Chamber. Once completed, the proposed website will be presented to both the EDC and the Board. To proceed with the target industry/cluster analysis report, the Board needs to authorize the Chairman to execute modification number one to the contract between Indian River County and Ady Advantage. The Board also needs to approve shared funding (50% match with the Chamber not to exceed $12,500) for completion of Brand Audit and Marketing Plan activities. FUNDING Both the $16,000 contract modification for the detailed target industry analysis and the cost share with the Chamber of Commerce of 50% funding (not to exceed $12,500) for Brand Audit and Marketing Plan activities will be funded from the General Fund Reserve for Contingency Account (account number 00111052-088010-14003). RECOMMENDATION Staff recommends that the Board of County Commissioners: 1.) Approve the proposed modification number one to the contract between Indian River County and Ady Advantage for $16,000 for detailed target industry analysis services and authorize the Chairman to execute the contract modification; and 4 169 2.) Authorize funding 50% (not to exceed $12,500) for Brand Audit and Marketing Plan activities contracted and managed by the Indian River County Chamber of Commerce. ATTACHMENTS 1.) Excerpt of Draft Minutes from the March 3, 2015 Board of County Commissioners Meeting 2.) Revised Economic Development Action Plan Strategies Implementation Timeline 2015/16 3.) Proposed modification number one to the contract between Indian River County and Ady Advantage for detailed target industry analysis services 4.) Scope of Services for Brand Audit and Marketing Plan activities Indian River Co. Approved Date Admin. .I//j j Legal , ,n -1- vi- i- i s Budget (► 41141 i 2 Dept. %n' !Vit Af Risk Mgr. - — Approved Agenda Item: For: April 21, 2015 By: F:\Community Development\Users\EDplannr\Plans, Study's & Reports\Economic Positioning Initiative 2013-2014\Contract\Amendments\BCC Agenda Item - Ady Advantage Agreement Modification v4.doc 5 170 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA REGULAR MEETING MINUTES TUESDAY, MARCH 3, 2015 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 Present District 5 Present District 2 Present District 4 Present District 3 Present Joseph A. Baird, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Maureen Gelfo, Deputy Clerk Present Present Present Present Present DVD TIMES 1. 2. 3. 4. 9:00 a.m. CALL TO ORDER 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE Deputy Teddy Floyd, IRC Sheriff Department Commissioner Wesley S. Davis, Chairman ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS Delete: Item 13.B.1. County Attorney Matters - Quit Claim Deed for Blue Cypress Lake Stilt Houses Move: Item 12.A.1. Community Development Matters Consideration of Economic Development Strategic Positioning, Target Industry Assessment & Action Plan Report , to be heard in conjunction with Item 5.A Add: Item 14.A.1. Commissioner Wesley S. Davis' item - Abandoned Artesian Well Plugging ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Flescher, the Board unanimously approved the agenda as amended. Board of County Commission Meeting March 3, 2015 PACKET PAGES Page 1 Attachment 1 171 5. PROCLAMATIONS and PRESENTATIONS 9:01 A. Presentation by Janet Ady, Ady Advantage, of the proposed Economic a.m. Development Positioning Analysis & Action Plan Community Development Director Stan Boling recalled the Board's approval on June 17, 2014, to hire Ady Advantage (a/k/a Ady Voltedge) to develop an Economic Development Strategic Target Industry Assessment and Action Plan, and reported that Phase I of the contract services, Development of an Action Plan, is almost complete. Director Boling recommended that the Board accept the plan with any changes or additions made following Ms. Ady's presentation. Janet Ady, President & CEO, Ady Advantage, through a Power Point Presentation, provided a comprehensive overview of the Economic Development Strategic Positioning Target Industry Assessment & Action Plan. During her presentation, Ms. Ady provided an outline and in-depth analysis of the following six recommendations proposed in the plan: Strategy 1: Business Retention and Expansion (BRE) Strategy 2: Target Industry Analysis Focusing on Recruitment Efforts Strategy 3: Refresh the Indian River County brand Strategy 4: Develop Stand -Alone Economic Development Website Strategy 5: Leadership in Presentation of Sites and Buildings Strategy 6: Continued Support Regional Economic Development Efforts A broad -ranging discussion ensued as the Board and Ms. Ady discussed the Industry Assessment and Action Plan. Commissioner O'Bryan mentioned that the County's recruitment materials should showcase staff's ability to help firms through planning and permitting processes. Ms. Ady advised Commissioner O'Bryan that the best way to accomplish that would be to mention the industries that are already in the County. The Chairman invited public input; there was none. ON MOTION by Commissioner Flescher, SECONDED by Commissioner Zorc, the Board unanimously: (1) accepted the Strategic Positioning, Target Industry Assessment & Action Plan as presented, with an amendment to the Elevator Pitch to highlight industries in the County; and (2) approved to proceed with Strategy 2: Detailed Target Industry Analysis; Strategy 3 (Phase II) Branding and Marketing; Strategy 4, Stand -Alone Economic Development Website; Strategy 5, Provide leadership in the presentation of sites and buildings; and Strategy 6, Continue to support regional economic development efforts. Board of County Commission Meeting Page 2 March 3, 2015 Director Boling advised that staff would return to the Board with more information on implementing the Action Plan. 9:56 B. Presentation by Dr. Edie Widder, Ph.D., CEO/Senior Scientist, Ocean a.m. Research & Conservation Association (ORCA) with Update on KilroyTM Water Monitoring Recent Progress Dr. Edie Widder, Ph.D., Co -Founder, CEO & Senior Scientist, Ocean Research & Conservation Association (ORCA), introduced the ORCA team who was in attendance: Warren Falls, Managing Director; George Jones, Director of Special Projects; and Robin Dannahower, Vice President of Marketing and Public Relations. Dr. Widder used a PowerPoint Presentation to provide background and analysis on the Kilroy water monitoring program which is being used to measure nitrite/nitrate levels in the North, South, and Main Relief Canals. She reviewed the pros and cons of the two types of systems, "Optical Measurement" and "Wet Chemistry" used to measure the nutrients, and stated that monitoring is the key to discovering what the source/s of pollution are, in the Indian River Lagoon and ocean. General discussion ensued between the Board and Dr. Widder. Commissioner O'Bryan said it would be important for staff to continue collecting grab samples. He also inquired about a letter sent by County Administrator Joseph Baird requesting that ORCA remove the Kilroys and refund the County's $73,050 payment for monitoring. Director of Public Works Chris Mora explained that the Kilroy readings of the grab samples had not been consistent with those of County staff; however, staff has been satisfied with their accuracy since late December 2014. He added that the County paid for, but did not receive, one year of readings. Administrator Baird suggested that it would be in the best interests of all parties for the County to extend its contract with ORCA, and not request a refund. Discussion ensued regarding the County's best option for monitoring the water quality in the canals. MOTION WAS MADE by Commissioner Flescher, SECONDED by Commissioner O'Bryan, to rescind the County Administrator's letter requesting a refund, and extend the County's contract with ORCA, with the caveat that staff and ORCA continue to contrast their respective grab samples. Board of County Commission Meeting March 3, 2015 Page 3 1) 0 N Q a t; a r 1) O N d LE 1— 0 co c W E W E co d w V N c a 0 r _ d 0 d 0 E 0 0 0 W a 0 2 0 0 0 c. O • 113 4ia• 1 1 1 1 1 I II u r0 mn 1 Inn ,,, 1 4 e 1 Indian River County Action Plan Timeline Create BRE Plan (Chamber) Select BRE Software (Chamber) IIConduct Target Industry Analysis (Consultant) Target Industry Analysis & Positioning (Consultant) 111 Create Industry Sell Sheets (Consultant and Chamber) Conduct Brand Audit (Chamber) Create IRC Economic Development Brand (Chamber) Implementation of ED Branding and Marketing Plan (Chamber) Develop Collateral Material (Chamber) Develop Economic Development Website (Chamber) Create Minimum Property Thresholds (Chamber) 0 2 CUCU 0 Attachment 2 0 rn O 113 C 40 0 0 0 E C O Lai 0 O K oa 0 C a c n 0 v 0) a 0 w 0 E MODIFICATION NUMBER ONE TO CONTRACT FOR SERVICES BETWEEN INDIAN RIVER COUNTY AND VOLTEDGE, INC., DBA ADY VOLTEDGE AND ALSO DBA ADY ADVANTAGE, FOR ADDITIONAL SERVICES This agreement is entered into in this day of April 2015 by and between the Board of County Commissioners of Indian River County, a Political Subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960-3365, hereafter referred to as "COUNTY", and Voltedge, Inc., dba Ady Voltedge 613 Williamson Street, Suite 201 Madison, WI 53703, hereinafter called "CONSULTANT", to modify the Economic Development Positioning Analysis and Action Plan Developer's Contract for Services signed by COUNTY and CONSULTANT and dated June 17, 2014, hereafter referred to as "CONTRACT". WHEREAS, on April 13, 2014, COUNTY issued a Request for Proposals (RFP) for qualified firms to complete a comprehensive countywide economic development positioning analysis, prepare a report and action plan, conduct a community stakeholders project kickoff summit, and present the report and action plan at the conclusion of the project; and WHEREAS, on May 14, 2014, twelve (12) complete proposals were received in response to the RFP; and WHEREAS, on May 19, 2014, a consultant selection committee reviewed the proposals and developed a short-list of three consulting firms to interview; and WHEREAS, on May 23, 2014, the consultant selection committee interviewed the short-listed firms and ranked the firms; and WHEREAS, on June 10, 2014, COUNTY approved the consultant selection committee's consultant ranking and authorized staff to begin contract negotiations, starting with the number one ranked firm for a contract price of up to $80,000; and WHEREAS, on June 17, 2014, COUNTY approved an $80,000 contract with CONSULTANT to complete a range of proposed services, including conducting a community leader's project kick-off meeting, interviewing various officials, groups, and key individuals to obtain economic development perceptions, completing a sites and buildings analysis, preparing a competitive positioning assessment of COUNTY's target industries, and preparing and presenting an economic development positioning analysis report and action plan; and WHEREAS, that contract lists additional optional items that, pending COUNTY approval, could be added to the contract and completed by CONSULTANT at additional cost; and Attachment 3 F:\Community Development\Users\EDplam►r\Plans, Study's & Reports\Economic Positioning Initiative 2013-2014\Contract\Amendments\Attachment 3 - Modification #1 to Agreement - Ady Advantage V3.docx WHEREAS, on March 3, 2015, COUNTY reviewed and accepted CONSULTANT's completed services, detailed in a Strategic Positioning, Target Industry Assessment, and Action Plan, and also approved moving forward with six action plan strategies recommended by CONSULTANT; and WHEREAS, of those six action plan strategies recommended by CONSULTANT, conducting a detailed target industry analysis is included in CONSULTANT's contract with COUNTY as an optional item that CONSULTANT could complete at additional cost; NOW, THEREFORE, in consideration of the mutual promises and covenants, the parties agree to the following amendments to the CONTRACT: Revise Section 2. Scope of Services as follows: Consultant shall perform, in a professional manner, the services set forth in Attachments to this contract (Attachment A — Scope of Services, and Attachment B — Additional Services Accepted by County) which outline the scope of services, schedule, and fee. Insert an "Attachment B Additional Services Accepted by County": Consultant to complete a Target Industry/Cluster Analysis report as detailed below New Target Industry/Cluster Analysis Report: Part 1 Starting without a bias on specific target industries, consultant reviews all research conducted to date (quantitative and qualitative) and performs an economic base analysis to which industries are most prevalent in the county. This analysis takes the 2 -digit NAICS code level and evaluates the size and growth of the industries over a 5 -year period and compares specific criteria with that of the region (Brevard County, Martin County, St. Lucie County, and Indian River County), state and U.S. Supporting data and analysis to be included within the report. 8 to 10 weeks from contract execution date $8,000 New Target Industry/Cluster Analysis Report: Part 2 Upon completion of the economic base analysis, consultant conducts more detailed analysis of key industries and also evaluates industry trends and assets of the county to determine the best industry fit. Activities include preparation of specific target industry asset maps and industry specific positioning statements for each target industry. Supporting data and analysis to be included within the report. Report provided to EDC and BCC. 8 to 10 weeks from completion of Part 1 of Report $8,000 Total $16,000 F:\Community Development\Users\EDplannr\Plans, Study's & Reports\Economic Positioning Initiative 2013-2014\Contract\Amendments\Attachment 3 - Modification #1 to Agreement - Ady Advantage V3.docx Payment Schedule for Target Industry/Cluster Analysis Indian River County will make payments to consultant not to exceed $16,000 for completing the Target Industry/Cluster Analysis report as outlined above. Consultant may invoice County $8,000 upon completion and submittal of the economic base analysis portion of the report and may invoice County for the remaining $8,000 upon completion and County's acceptance of the completed report with specific target industry asset maps and industry specific positioning statements for the county. All provisions of the Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF the parties hereto duly execute this document as of the day and year first written above. ATTEST INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Wesley S. Davis, Chairman DATE: DATE: Witness DEVELOPER Voltedge, Inc. dba Ady Voltedge and dba Ady Advantage By: Janet Ady, President DATE: DATE: Reviewed as to form and legal sufficiency ounty Attorney's Office Date F:\Community Development\Users\EDplannr\Plans, Study's & Reports\Economic Positioning Initiative 2013-2014\Contract\Amendments\Attachment 3 - Modification #1 to Agreement - Ady Advantage V3.docx o Indian River County Chamber of Commerce SCOPE OF SERVICES BRANDING AUDIT AND MARKETING PLAN INDIAN RIVER COUNTY, FLORIDA This is a joint project between the Indian River County Board of County Commissioners and the Indian River County Chamber of Commerce Project Name: Branding Audit and Marketing Plan Summary: The project will include a review of current branding efforts, with recommendations for either "refreshing" the current branding activities with minor changes, or developing a new branding program. The project will also include a marketing plan with recommendations for communicating the brand to appropriate audiences both internally and externally (including target industries). The project will be contracted and managed by the Chamber of Commerce with 50% funding (not to exceed $12,500) coming from the County and the remainder of the funding provided by the Chamber's Economic Development Division. Anticipated Results: A branding program that stimulates a prospective business, preferably one in a targeted industry, to make an informed inquiry about relocating to, or expanding business operations in Indian River County. Background: The Indian River County Board of County Commissioners recently approved the final report of a countywide economic development positioning analysis and action plan, as completed by Ady Voltedge, Inc. (aka Ady Advantage). One of the recommendations of the action plan is to conduct a Brand Audit and develop a marketing plan to effectively and consistently communicate the positioning message, verbally and visually, to multiple audiences. Current Situation: The Board of County Commissioners will consider contracting with the Ady Voltedge consulting firm to conduct a detailed Target Industry Analysis along with positioning statements for each target industry, as was recommended in the final report positioning analysis and action plan. If the Commissioners approve a contract for that work in April 2015, it is anticipated the study will be completed by early fall of 2015. Attachment 4 F:\Community Development\Users\EDplannr\Plans, Study's & Reports\Economic Positioning Initiative 2013-2014\Contract\Amendments\Attachment 5 Revised - Scope of Svs - branding-mktg.docx The target industry analysis and positioning statements will be used in the branding audit and marketing plan tasks. Branding Audit Scope of Services: If the County Commission approves jointly funding a Branding Audit with the Chamber, activities related to the Audit would begin once the target industry marketing plans, noted above, are completed or near completion. Action 1: Review and identify the current branding materials used by the Indian River County Chamber of Commerce to promote the county as a desirable business location. Those materials include but are not limited to: logos, taglines, graphics, collateral materials, advertisements, and website design. Report 1: Summarize common branding themes within Indian River County. Outline recommendations to "refresh" existing theme with minor changes, or propose a new branding theme with examples. Report 1 will be presented to the Indian River County Economic Development Council and the Indian River County Board of County Commissioners. Projected Timeline: Begin September 2015, complete by end of November 2015 Marketing Plan Scope of Services: Action 2: Review current marketing channels, including: print, internet, social media, and direct mail. Report 2: Outline recommendations for communicating the brand, internally (with organizations in the County) and externally to targeted audiences. Report 2 to be presented to the Indian River County Economic Development Council and the Indian River County Board of County Commissioners. Projected Timeline: Begin December 2015, complete by end of February 2016 F:\Community Development\Users\EDplannr\Plans, Study's & Reports\Economic Positioning Initiative 2013-2014\Contract\Amendments\Attachment 5 Revised - Scope of Svs - branding-mktg.docx 4/21/2015 Contract Modification for Detailed Target Industry Analysis and Request for Partial Funding For ED Branding Audit and Marketing Plan Services Board of County Commissioners April 21, 2015 HISTORY • March 3rd 2015 - BCC considered and accepted the completed Strategic Positioning, Target Industry Assessment & Action Plan • Includes 6 Implementation Strategies • Strategies 2, 3, and 4 involve hiring consultants/outside service providers, staff directed to move forward • Chamber and County staff coordinated on timing, implementation, and cost sharing of Strategies 2, 3, and 4 119'1 4/21/2015 Proposed Funding & Implementation • Detailed Target Industry Analysis • County to Contract with Ady Advantage: includes economic base, key industry, best fit analysis; target industry positioning statements • 100% Funded by County; reported to EDC and BCC • $16,000 Cost • Brand Audit and Marketing Plan • Chamber of Commerce to contract with appropriate service provider: includes branding review and "re -fresh" recommendations; review of market channels and communication materials • County and Chamber Cost Share; reported to EDC and BCC • 50% County Funding (not to exceed $12,500) • Stand-alone Web Site • Chamber of Commerce to contract with appropriate service provider • 100% Funded by Chamber 171.2 rategy, # ;., Action Item .Primary Responsible Entity Outside Service Conduct Detailed Target Industry Analysis Consultant (Chamber and County) $16,000 (County) Create Target Industry List and Develop Positioning Statements for Each Consultant (Chamber and County) Create Industry Sell Sheets Consultant (Chamber and County) 3 Conduct Brand Audit/Marketing Plan Chamber $25,000* (County & Chamber) Create Economic Development Brand Chamber Implement ED Branding and Marketing Plan Chamber 4 Develop Stand-alone Economic Development Website Chamber $5,000* (Chamber) Develop Materials for Economic Development Website Chamber *Actual cost for these activities may vary, depending upon service providers selected and scope of work. Proposed Funding & Implementation • Detailed Target Industry Analysis • County to Contract with Ady Advantage: includes economic base, key industry, best fit analysis; target industry positioning statements • 100% Funded by County; reported to EDC and BCC • $16,000 Cost • Brand Audit and Marketing Plan • Chamber of Commerce to contract with appropriate service provider: includes branding review and "re -fresh" recommendations; review of market channels and communication materials • County and Chamber Cost Share; reported to EDC and BCC • 50% County Funding (not to exceed $12,500) • Stand-alone Web Site • Chamber of Commerce to contract with appropriate service provider • 100% Funded by Chamber 171.2 4/21/2015 Recommendation 1. Approve proposed modification #1 to Ady Advantage Contract for $16,000 for Detailed Target Industry Analysis Services and authorize Chairman to execute contract 2. Authorize Funding 50% (not to exceed $12,500) for Brand Audit and Marketing Plan activities contracted and managed by Chamber of Commerce 179,3 4/21/2015 , used Modiflad Eceno:mc Oevtlop hent Action Plan 51 at€c3!•=.=± niploment anon Timeline 2016/7& (Upaatad April Indian River County Action Plan Timeline Feb��ary 2016 lune 1JS August September 4 �P. 0 O'xnd AUCA{Ch rri Ur L 162) Ain - ry t, S:U nrcaellr0x'0,mu^11t3140jEDOnn Y,ww5ivddxAR�^.pxtxykr.�.. :.1 0:t+ Am;U^ N'i:l�arnne 179.4 13R County Attorney's Matters - B.C.C. 4.21.15 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners L FROM: Kate Pingolt Cotner, Assistant County Attorne DATE: April 15, 2015 SUBJECT: Resolution Urging the Florida Legislature to Establish a Three Percent (3%) Cap on County Medicaid Costs Under Section 409.915, F.S. BACKGROUND: On April 14, 2015, the Indian River County Board of County Commissioners ("Board") authorized the County Attorney's Office to draft a resolution urging the Florida Legislature to establish a three percent (3%) cap on the annual growth rate for individual county Medicaid costs under Section 409.915, Florida Statutes. Pursuant to that authorization, the County Attorney's Office has drafted the attached resolution. FUNDING: There is no funding associated with this item. RECOMMENDATION: The County Attorney's Office recommends that the Chair allow for public comment on this matter and then have the Board vote whether to accept the resolution as drafted or amend the resolution. Approved for April 21, 2015 BCC Meeting County Attorney's Matters OUNTY ATTORNEY Indian River Co. A • proved Date Admin. gri? 515 Co. Atty. jG _ . �( Budget 0 Department j ,5 V Risk Management --- 180 RESOLUTION NO. 2015 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS URGING THE FLORIDA LEGISLATURE TO ESTABLISH A THREE PERCENT (3%) CAP ON THE ANNUAL GROWTH RATE FOR INDIVIDUAL COUNTY MEDICAID COSTS UNDER SECTION 409.915, FLORIDA STATUTES WHEREAS, Florida counties have been required to participate in a Medicaid cost- sharing relationship with the state since 1972; and WHEREAS, during the 2013 Legislative Session, SB 1520 passed changing the way counties are charged for their portion of costs — eliminating the monthly billing process and establishing a formula -based county Medicaid contribution; and WHEREAS, for the two years following the passage of SB 1520, the total county contribution and each county's percentage share of the total county contribution have been fixed in statute; and WHEREAS, beginning in FY 2015-16, the individual county percentage shares will begin a four-year transition period to an enrollment based formula - after which each county's share will be based solely on each of its respective share of the state's Medicaid enrollees; and WHEREAS, this formula shift has a significant range of impact on the 67 counties. Some counties will see their costs go down over or remain relatively stable over the transition period, while others are expected to experience significant and unsustainable growth in their mandatory Medicaid costs; and WHEREAS, Indian River County's Medicaid expenses are expected to increase by 7.88% next year; and WHEREAS, the Florida Legislature is requested to establish an annual growth rate cap of three percent (3%) to protect those counties that are disproportionately affected; and WHEREAS, the three percent (3%) cap would provide a savings of approximately $53,680 to Indian River County for fiscal year 2015-2016, and would continue to provide a savings to Indian River County in future years based upon the compounding of annual increases that could exceed 3% per year. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, THAT: Section 1: The above "WHEREAS" clauses are true and correct, and are hereby adopted as findings of the Board. 181 Section 2: Indian River County supports establishing a three percent (3%) cap on the annual growth rate for individual county Medicaid costs under Section 409.915, F.S., to address the anticipated cost shifts that result from the transition to a Medicaid enrollee based cost-sharing system. Section 3: A certified copy of this resolution shall be provided to the Speaker of the House, the President of the Senate and the Indian River County Legislative Delegation. The foregoing resolution was moved for adoption by Commissioner , and seconded by Commissioner , and put to a vote. The vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari 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 April, 2015. ATTEST: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS OF and Comptroller INDIAN RIVER COUNTY, FLORIDA By: By: Deputy Clerk Wesley S. Davis, Chairman Approved as to form and legal sufficiency: By: ITylan Reingold, County Attorney 182 BCC AGENDA ApriI21, 2015 ITEM 14.B (1) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: April 15, 2015 SUBJECT: All Aboard Florida - FDFC TEFRA Hearing FROM: Commissioner Bob Solari I would like to discuss the Florida Development Finance Corporation hearing of April 20, 2015, with my fellow Commissioners. Thank you. 183 ITEM 14.E.1 April 21, 2015 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: April 15, 2015 SUBJECT: Canaveral Port Authority Commission FROM: Tim Zorc 3 Commissioner, District 3 I would like to provide an update on the Canaveral Port Authority Commission Meeting held Wednesday, April 15, 2015. 184 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM /5 7 lv Date: April 1, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Service Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District j . ��. Subject: Franchise Agreement with Waste Management for Solid Waste and Recyclables Collection DESCRIPTIONS AND CONDITIONS: On March 18, 2015, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board awarded the Solid Waste and Recyclables Collection Franchise Agreement to Waste Management, Inc. of Florida (Waste Management) to provide subscription, once -a -week, carted solid waste collection in Unincorporated IRC as well as carted single stream recycling throughout IRC starting October 1, 2015. The award was based on a competitive procurement process through the issuance of a Request for Proposals (RFP). The Board authorized issuance of the RFP which was released on January 6, 2015. The current franchise agreements with Republic Services of Florida, L.P. and Waste Management expire on September 30, 2015. Proposals were received from Advanced Disposal Services, Republic Services of Florida, Waste Management, and Waste Pro of Florida on February 20, 2015. A Special Call Meeting was held on March 18, 2015 to obtain public input, discuss various service options and award RFP#2015023. After the Special Call Meeting, staff and our consultant, Kessler Consulting, Inc., updated the draft franchise agreement that was included in the RFP, met with Waste Management staff to finalize the agreement which is presented to the Board for final approval. ANALYSIS: Starting October 1, 2015, all residents of Unincorporated Indian River County and residents of the City of Fellsmere who subscribe to garbage collection will receive a 95 -gallon cart from Waste Management. The carted garbage collection will improve efficiency, reduce worker injuries, create Tess litter and eliminate the "sticker" program. The new rate for once -a -week garbage collection is $9.68 per month which is a 35% decrease from the current rate of $14.98 per month. In order to increase subscription service, Waste Management will be offering a 10% discount off the first quarter invoice to all residents who sign up for service between October 1 and October 31, 2015. Also, starting October 1, 2015, all residents of Indian River County will have a convenient and user- friendly way to recycle with Single Stream Recycling. Waste Management will deliver a 65 -gallon cart with wheels and a lid that provides increased capacity and a smaller footprint than the current two blue bins. This will help increase participation and increase tonnages. The new single stream recycling rate is $2.55 per month which will be paid through the non -ad valorem assessment. SWDD Agenda - Franchise Agreement with Waste Management for Solid Waste and Recyclables Collection Page 1 All businesses owners in Unincorporated IRC will see an 8% decrease in their monthly bills with the new exclusive franchise agreement with Waste Management. In addition, all businesses will have the opportunity to sign up for single stream recycling which could help them lower their garbage collection costs. The term of this franchise agreement is for a period of seven (7) years beginning on October 1, 2015 and terminating on September 30, 2022 with an optional one (1) additional term of three (3) years, if renewed, would terminate on September 30, 2025. Based on input from several Board members related to future changes, an option for going to Universal Residential Collection Service has been included in the new agreement. Waste Management has agreed to honor the proposed universal rates to SWDD and to any participating municipality with an allowance for a Consumer Price Index (CPI) adjustment. If the change to universal Residential Collection Service is made between October 1, 2015 and September 30, 2018, seventy-five percent (75%) of the percentage change in CPI shall be added to the proposed universal rate. If the change to universal Residential Collection service is made on or after October 1, 2018, one hundred percent (100%) of the percentage change in CPI shall be added to the proposed universal rate. This is an option only and a final decision would be made by the Board at a future meeting through an amendment to the agreement. Upon execution of this agreement, Waste Management will develop a transition plan with SWDD to ensure a smooth transition for all our residents and businesses. This plan includes town hall meetings, brochures, website and other educational/outreach elements to help convey the upcoming changes. Overall, SWDD and our residents have seen a decrease in our rates and have positioned ourselves to increase recycling participation and tonnages to reach the Florida Legislature's goal of achieving 75% recycling by the year 2020. FUNDING: Funding for solid waste collection will be provided directly by subscription users. Funding for recycling collection will be included in the Solid Waste Assessment User Fees. RECOMMENDATIONS: Staff recommends that the Board: 1. Approve the Franchise Agreement for Solid Waste and Recyclables Collection to Waste Management, Inc. of Florida; and 2. Authorize the chairman to execute the same. ATTACHMENT: 1. Franchise Agreement with Waste Management APPROVED FOR AGENDA: By: C -I Si JoseprA. Baird, County dministrator 1/ ,PO,,� ate Indian River Co. Approved Date Administration � g A SWDD Director '�� qii Budget'I 4 1Legal(0,1 \ VPurchasing Manager �iISWDD Finance C .. 4141 SWDD Agenda - Franchise Agreement with Waste Management for Solid Waste and Recyclables Collection Page 2 Solid Waste and Recyclables Collection Franchise Agreement Between Indian River County Solid Waste Disposal District ("SWDD") And Waste Management Inc. of Florida ("Franchisee") 187 TABLE OF CONTENTS ARTICLE 1. DEFINITIONS 5 ARTICLE 2. TERM 7 2.1. Effective and Commencement Dates 7 2.2. Initial Term 7 2.3. Renewal Option 7 ARTICLE 3. COLLECTION SERVICES 8 3.1. Exclusive Services 8 3.2. Non -Exclusive Services 8 ARTICLE 4. TITLE TO SOLID WASTE AND RECYCLABLE MATERIALS 8 ARTICLE 5. TRANSITION OF COLLECTION SERVICES 8 5.1. Transition Prior to Commencement of Collection Services 8 5.2. Solid Waste Service Contracts 9 5.3. Transition Prior to Expiration of Collection Services 9 ARTICLE 6. RESIDENTIAL SERVICE 10 6.1. Residential Collection Service 10 6.2. Residential Recyclables Collection Service 10 6.3. Backdoor Collection 11 6.4. Procedures for Non -Collection 11 6.5. Hours and Holidays 11 6.6. Provision for Universal Residential Collection Service 11 ARTICLE 7. CONTAINERS 12 7.1. Customer -Provided Containers 12 7.2. Roll Carts 12 ARTICLE 8. COMMERCIAL COLLECTION SERVICE 13 8.1. Service Requests 13 8.2. Commercial Collection Service 13 8.3. Commercial Recycling 13 8.4. Hours and Holidays 13 ARTICLE 9. COMMUNITY CLEANUPS 14 ARTICLE 10. DESIGNATED FACILITY 14 10.1. Solid Waste and Program Recyclables 14 10.2. Out -of -County Solid Waste 14 ARTICLE 11. ADDITIONAL FRANCHISEE RESPONSIBILITIES 15 11.1. Restrictions on Collection of Mixed Loads 15 11.2. Future Recycling Initiatives 15 11.3. Routes and Schedules 15 11.4. Manner of Collection 15 11.5. Protection of Private and Public Property 16 11.6. Spillage and Littering 16 11.7. Collection Plan 17 11.8. Permits and Licenses 17 11.9. Relationship with SWDD 17 11.10. Personnel 17 11.11. Employee Training and Licenses 17 Page 2 11.12. Office Requirements 18 11.13. Customer Service Standards 18 11.14. Vehicle and Collection Equipment 19 11.15. Service Verification System 20 ARTICLE 12. RECORD KEEPING AND REPORTING 21 12.1. Record Keeping 21 12.2. Reporting 21 ARTICLE 13. PUBLIC AWARENESS PROGRAM 22 ARTICLE 14. PARTICIPATION GROWTH STRATEGY 22 14.1. School Presentations 23 14.2. Commercial Recycling 23 14.3. County Park Recycling 23 14.4. Residential Subscribers 23 ARTICLE 15. FRANCHISE FEE 23 ARTICLE 16. COMPENSATION 24 16.1. Collection Service Rates 24 16.2. Billing and Payment 25 ARTICLE 17. EMERGENCY SERVICES 25 17.1. Contingency Plan 25 17.2. Franchisee Unable to Provide Contracted Services 25 17.3. Rapid Recovery from Disaster 26 17.4. Disaster Response Plan 26 ARTICLE 18. PERFORMANCE 26 18.1. Performance Bond 26 18.2. Administrative Charges 27 ARTICLE 19. TERMINATION 28 19.1. Failure to Maintain Performance Bond and Insurance 28 19.2. Scrutinized Companies 28 19.3. Bankruptcy 28 19.4. Default 28 ARTICLE 20. INSURANCE 28 ARTICLE 21. OTHER TERMS AND CONDITIONS 29 21.1. Piggyback Clause 29 21.2. Indemnification 29 21.3. Assignment 30 21.4. Severability 30 21.5. Compliance with Laws and Regulations 30 21.6. Sovereign Immunity 30 21.7. Right to Require Performance 30 21.8. Modification 30 21.9. Reservation of Rights 30 21.10. Independent Franchisee 30 21.11. Governing Law, Venue 31 21.12. Public Access 31 21.13. Waiver 31 21.14. Survival of Obligation 31 Page 3 189 21.15. Attorney's Fees 31 21.16. Headings 31 21.17. Notice 31 EXHIBIT 1— COLLECTION SERVICE RATES 34 EXHIBIT 2 — FRANCHISE AREAS 35 EXHIBIT 3 — PROGRAM RECYCLABLES 37 EXHIBIT 4 — CALCULATION OF RATE ADJUSTMENT 38 EXHIBIT 5 — TECHNICAL SPECIFICATIONS FOR ROLL CARTS 39 EXHIBIT 6 — TECHNICAL SPECIFICATIONS FOR RFID TAGS FOR COMMERCIAL APPLICATION 42 Page 4 190 This Franchise Agreement ("Agreement") is hereby made and entered into this day of April 2015, between Indian River County Solid Waste Disposal District (SWDD), a dependent special district of Indian River County, Florida, whose address is c/o Indian River County Utilities Department, 1801 27th Street, Vero Beach, Florida, 32960, and Waste Management, Inc. of Florida, a Florida Corporation, whose address is 2700 Wiles Road, Pompano Beach, Florida 33073 ("Franchisee"), for the services set forth herein. ARTICLE 1. DEFINITIONS To the extent that any definition contained herein conflicts with any similar definition contained in any federal, state, or local law, the definition herein shall prevail for the purposes of this Franchise Agreement. However, nothing contained herein shall be interpreted to require Franchisee to undertake any conduct that is prohibited by Applicable Law. Whenever the context may require, any pronoun which is used in this Agreement shall include the corresponding masculine, feminine and neuter forms and the singular shall include the plural and vice versa. Applicable Law shall mean all applicable federal and State of Florida laws, local (municipal and county) ordinances, and the rules and regulations of all authorities having jurisdiction over any part of the services provided under this Agreement. Biological Waste shall mean Solid Waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. The term does not include human remains that are disposed of by persons licensed under chapter 497, Florida Statutes. Biomedical Waste shall mean any Solid Waste or liquid waste that may present a threat of infection to humans. The term includes, but is not limited to, non -liquid human tissue and body parts; laboratory and veterinary waste which contain human disease -causing agents; discarded disposable sharps; human blood, and human blood products and body fluids; and other materials which in the opinion of the Florida Department of Health represent a significant risk of infection to persons outside the generating facility. The term does not include human remains that are disposed of by persons licensed under Chapter 497, Florida Statutes. Board shall mean the Board of County Commissioners of Indian River County, Florida. Bulk Trash shall mean any non -vegetative item that cannot be containerized, bagged or bundled, or whose large size or weight precludes its handling, processing, or disposal by normal methods. Bulk Trash does not include Hazardous Waste. Change in Law shall mean (i) the adoption, promulgation, or modification after the Effective Date of any law, regulation, order, statute, ordinance, or rule that was not adopted, promulgated, or modified on or before the Effective Date; or (ii) the imposition of any material conditions in connection with the issuance, renewal, or modification of any permit, license, or approval after the Effective Date, which in the case of either (i) or (ii) establishes requirements affecting Franchisee's operation under this Agreement more burdensome than the requirements that are applicable to Franchisee in effect as of the Effective Date. A change in any federal, state, county, or other tax law or worker's compensation law shall not be a Change in Law. However, in the event that a federal, state, or local entity imposes a fee, charge, or tax after the Effective Date that applies to Franchisee's operations per se, such fee, charge, or tax shall be treated as a Change in Law. Commencement Date shall mean October 1, 2015, the date services pursuant to the Agreement shall commence. Commercial Collection Service shall mean the collection of Solid Waste within the Solid Waste Franchise Area from Commercial Properties and Multi -Family or Residential Units choosing not to have curbside Residential Collection Service, and delivery of Solid Waste to the Designated Facility. Commercial Collection Service includes collection of C&D in containers fifteen cubic yards and greater (>15CY) in size. Commercial Customers shall mean any person receiving Commercial Collection Service. Commercial Property shall mean property or properties zoned or used for commercial or industrial uses, or used by an entity exempt from taxation under s. 501(c)(3) of the Internal Revenue Code, and excludes property or properties zoned or used for single-family residential or multi -family residential uses. Page 5 191 Construction and Demolition or C&D shall mean discarded materials generally considered to be not water-soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of Construction and Demolition with other types of Solid Waste will cause it to be classified as other than Construction and Demolition. The term also includes: (a) Clean cardboard, paper, plastic, wood, and metal scraps from a construction project; (b) Unpainted, non -treated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted, non -treated wood pallets provided the wood scraps and pallets are separated from other Solid Waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other Solid Waste; and (c) De minimis amounts of other nonhazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management practices of the industry. Contract Manager shall mean the person designated by SWDD to act as SWDD's representative during the term of this Agreement. County shall mean Indian River County, Florida. Day shall mean calendar day unless otherwise noted in the Agreement. Designated Facility shall mean the facility designated by SWDD for delivery of Solid Waste, Program Recyclables, Yard Trash, or Bulk Trash collected according to this Agreement and identified in Article 10.1. Effective Date shall mean the date this Agreement has been executed by both SWDD and Franchisee, whichever is later. Franchise Agreement or Agreement shall mean this Franchise Agreement between SWDD and Franchisee, together with all exhibits and other documents that are expressly incorporated by reference. Holidays shall mean Independence Day, Labor Day, Thanksgiving, Christmas, and New Year's Day. Hazardous Waste shall mean any Solid Waste regulated as a hazardous waste by the Florida Department of Environmental Protection or the U.S. Environmental Protection Agency pursuant to Applicable Law. Multiple Dwelling Unit or Multi -Family Unit shall mean any building containing five (5) or more permanent residential living units. Program Recyclables refers to Recyclables included in SWDD's Residential and Multi -Family recycling program as defined in Exhibit 3. Program Recyclables include incidental amounts of rejects and non -designated materials as can normally be expected as part of municipal recycling collection. The types of Recyclables included in SWDD's recycling program may be amended by the Contract Manager. Recyclable Materials or Recyclables shall mean those materials that are capable of being recycled and which would otherwise be processed or disposed of as Solid Waste. Recycling Franchise Area shall mean the specified area within the County, as defined in Exhibit 2, for which Franchisee is granted the right to collect residential Recyclables. Residential Collection Service shall mean curbside collection of Solid Waste, including Bulk Trash and Yard Trash, from individual Residential or Multi -Family Units, and delivery of collected materials to the Designated Facility. Residential Customers shall mean any person receiving Residential Collection Service. Residential Recyclables Collection Service shall mean the collection of Program Recyclables from Residential and Multi -Family Units and delivery to the Designated Facility. Page 6 192 Residential Unit shall mean each and every lot or parcel of land that is improved for occupancy as a single-family residence, duplex, triplex, or quadraplex. The term also includes mobile or modular homes or trailers. Roll Cart shall mean a wheeled container designed and intended to be used for automated collection service. Single Stream refers to a recycling process that allows for Recyclables to be collected comingled, with containers and paper collected in the same Roll Cart or Recycling Bin. Sludge shall mean the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. Solid Waste as defined by Section 403.703(13), F.S., as may be amended, to mean Sludge that is not regulated under the federal Clean Water Act or Clean Air Act, as well as Sludge from a waste treatment works, water supply treatment plant, or air pollution control facility; or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. For the purposes of this Agreement, Solid Waste shall not include Recyclable Materials. Solid Waste Franchise Area shall mean the specified area of the unincorporated County, as defined in Exhibit 2, for which Franchisee is granted the right to provide Residential Collection Service and Commercial Collection Service. SWDD means the Indian River County Solid Waste Disposal District (SWDD), a dependent special district of Indian River County, Florida. Uncontrollable Force shall mean any event that results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, hurricanes, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, terrorism, sabotage, and governmental actions. Labor disputes, including, without limitation, strikes and slowdowns, are not an Uncontrollable Force. Urban Service Area or USA shall mean a specific area within the Solid Waste Franchise Area, as defined in Exhibit 2, where "urban" commercial, industrial, and residential uses are allowed and where urban services are provided to serve development. Conversely, the areas lying outside the USA, or non -Urban Service Area (non -USA), are designated conservation or agricultural and are generally intended to be rural in nature with agricultural, conservation, and low density residential uses are allowed. Yard Trash shall mean vegetative matter resulting from yard and landscaping maintenance, including grass clippings, palm fronds, tree branches and other similar matter. ARTICLE 2. TERM 2.1. Effective and Commencement Dates The Effective Date is the date the Agreement is executed and has been signed by SWDD or Franchisee, whichever date is later. The Commencement Date is the date that collection services required by this Agreement shall commence. The Commencement Date shall be October 1, 2015. 2.2. Initial Term The term of this Agreement shall be for a period of seven (7) years beginning on the Commencement Date, October 1, 2015, and terminating September 30, 2022. 2.3. Renewal Option At the sole option of SWDD, this Agreement may be renewed for one (1) additional term of three (3) years under the same terms and conditions as the initial term, including amendments. Franchisee shall be notified by SWDD no later than September 30, 2021 of its intent to renew or not to renew the Agreement. If renewed, the additional three (3) year term will begin on October 1, 2022, and terminate on September 30, 2025. Page 7 ARTICLE 3. COLLECTION SERVICES 3.1. Exclusive Services Franchisee is herein granted the exclusive right to provide the following collection services: a. Residential Collection Service and Commercial Collection Service in the Solid Waste Franchise Area. b. Residential Recyclables Collection Service in the Recycling Franchise Area. c. C&D collection in containers fifteen cubic yards and greater (>15 CY) in size in the Solid Waste Franchise Area. 3.2. Non -Exclusive Services 3.2.1. Franchisee is herein granted the non-exclusive right to collect C&D with containers less than fifteen cubic yards (<15 CY) in size in the unincorporated areas of the County. 3.2.2. Franchisee shall provide collection of Recyclables from Commercial Properties upon request and as required in Article 8.3 of this Agreement; however, provision of this service is not exclusive to Franchisee. 3.2.3. SWDD reserves the right to exclude the collection of other materials from this Agreement in the future for the purposes of increasing waste diversion. ARTICLE 4. TITLE TO SOLID WASTE AND RECYCLABLE MATERIALS After Solid Waste or residential Recyclables have been placed by the customer/generator to be collected by Franchisee, SWDD shall hold title and ownership to all such materials. Franchisee shall have no right to take, keep, process, alter, remove or otherwise dispose of any such materials, except that Franchisee shall have the right and obligation to transport all such materials to the Designated Facility. However, Franchisee shall have the sole responsibility and liability for the lawful disposal of any Biological Waste, Biomedical Waste, or Hazardous Waste that Franchisee collects. ARTICLE 5. TRANSITION OF COLLECTION SERVICES 5.1. Transition Prior to Commencement of Collection Services Franchisee shall participate in transition meetings as scheduled and conducted by the Contract Manager, to plan and manage the transition process so that no service interruption occurs. Franchisee is responsible for providing a smooth transition in services to minimize inconvenience to customers. To accomplish this objective, Franchisee shall submit to the Contract Manager, no later than thirty (30) Days following the Effective Date, a transition plan that provides a detailed description of how Franchisee will plan and prepare for providing Residential Collection Services, Residential Recyclables Collection Services, and Commercial Collection Services leading up to the Commencement Date. The transition plan must meet the approval of the Contract Manager. At a minimum, Franchisee must address the following specific performance requirements in the transition plan and accomplish them according to deadlines specified in the plan: • Coordination of meetings with the outgoing franchisee and SWDD, if necessary. • Schedule of transition meetings with SWDD staff leading up to the Commencement Date. • Schedule for and obtaining any additional necessary labor, vehicles, equipment, and containers. • Schedule for removal and replacement of containers utilized by outgoing franchisee for Commercial Collection Service. • Schedule for providing a vehicle and equipment list and route summary to the Contract Manager and ensuring that all vehicles are street legal (registered, insured, licensed, and tagged) prior to the Commencement Date. • Schedule for delivering SWDD-provided information brochure to all customers (existing & new) prior to the Commencement Date. Page 8 • Schedule for conducting dry -runs of collection routes. • Schedule for testing/calibrating truck -mounted Radio Frequency Identification (RFID) readers. • Coordination with SWDD to ensure transmission of asset management database and other associated information for Roll Cart management. • Schedule for onsite training for SWDD staff on the use of web -based asset management and service verification software by appropriately -trained professional personnel. • Franchisee will host a minimum of two (2) community "Town Hall" style meetings, in coordination with SWDD staff, at Commission Chambers or other approved location, that feature hands-on demonstrations showing residents how to use the new services and educating them on proper recycling methods and techniques. Franchisee's local Public Affairs Manager will be supported by its fulltime Community Relations Staff and local management team to host the meetings and develop outreach methods and collateral material. All education and outreach materials and information shall be reviewed and approved by SWDD prior to dissemination. • Franchisee will develop a multi -faceted media and communications plan featuring SWDD- approved mailers, community events, Internet updates, media outreach, and phone calls to provide information about new services to customers. All education and outreach materials and information shall be reviewed and approved by SWDD prior to dissemination. • Franchisee will prepare and distribute SWDD-approved educational and outreach materials to all County residents including service days, proper recycling methods, and the local phone number for Franchisee's customer service center. • Franchisee will provide direct access to professional staff to address questions and concerns. Residents will: o Receive comprehensive information on Roll Carts, including size options. o Have full access to a County -based team of transition experts who can answer questions and assist residents on choosing the Roll Cart size that best meets their needs. o Have access to a customer service professional before, during, and after business hours who can answer questions about Roll Carts or transition, process requests for a different Roll Cart size, schedule deliveries, and provide answers on proper recycling. 5.2. Solid Waste Service Contracts 5.2.1. Any and all contracts that provide Solid Waste collection service and/or related Solid Waste services between the previous franchisees and Residential or Commercial Customers within the unincorporated areas of the County shall be null and void as of 11:59 p.m. on September 30, 2015. 5.2.2. The term of any contract for Solid Waste collection shall not extend past the term of this Agreement. 5.3. Transition Prior to Expiration of Collection Services 5.3.1. Should SWDD choose not to renew this Agreement or should no renewal options remain, SWDD anticipates awarding a new agreement at least six (6) months prior to the expiration of this Agreement or any subsequent renewals. In the event a new agreement has not been awarded within such time frame, Franchisee agrees to provide service to SWDD for an additional ninety (90) Day period beyond the expiration of the Agreement at the then established service rates, provided SWDD requests said services in writing pursuant to Article 20.17, at such time. 5.3.2. At the expiration of this Agreement, Franchisee shall work with SWDD and the newly selected franchisee to ensure a smooth transition period with no interruption of service, including, but not limited to, attending coordination meetings with SWDD and newly selected franchisee, Page 9 coordination and cooperation in delivery and removal of commercial containers, and providing service information, as requested. 5.3.3. SWDD reserves the right to withhold payment to Franchisee for the final month of service until Franchisee has complied with all requirements of this Article. ARTICLE 6. RESIDENTIAL SERVICE 6.1. Residential Collection Service 6.1.1. Residential Customers may initiate, terminate, or change subscription service by contacting Franchisee. The Residential Collection Service shall start, terminate, or change on the next scheduled collection date from the date requested by the Residential Customer. 6.1.2. Solid Waste shall be collected once per week in Franchisee -provided Roll Carts. See Article 7.2 for further details regarding Roll Carts. 6.1.3. Residents will be instructed to place all materials inside of Roll Carts. During the first ninety (90) Days following Commencement Date, Franchisee shall collect all Solid Waste placed curbside by Residential Customers including bags left outside of the Roll Cart. Thereafter, Franchisee shall collect Solid Waste left outside of the Roll Cart one (1) time and leave a notice instructing the resident that any materials left outside of the Roll Cart in the future will not be collected and providing instructions for requesting an additional cart if needed. Following notification, should Franchisee not collect bags left outside of the Roll Cart, a non -collection notice shall be placed on the bag or Roll Cart explaining why collection was not made. However, Franchisee acknowledges that higher generation of waste during holiday weeks may result in occasional bags left outside of the Roll Cart. During Holiday weeks Franchisee shall collect all bags left outside of the Roll Cart. 6.1.4. Franchisee shall collect all Yard Trash placed curbside by Residential Customers for collection according to the provisions herein. Residential Customers are to containerize, bundle, or neatly stack Yard Trash and place it curbside. If the Yard Trash is placed by the Residential Customer in a bag, Franchisee is required to empty bags of Yard Waste collected on the route into the residential collection vehicles, return the bag to the customer, but may leave a notice instructing the resident that Yard Waste should not be placed in a bag. Yard Trash may not exceed four (4) feet in length, three (3) inches in diameter, and must not exceed fifty (50) pounds in weight each. Yard Trash is limited to four (4) cubic yards per week per customer. Natural Christmas trees (free from any lights, ornaments, etc.) will be collected as Yard Trash, provided that the sections of the tree are not more than eight (8) feet in length or more than fifty (50) pounds. 6.1.5. Franchisee shall provide collection for Bulk Trash within four (4) Days after receiving a customer request to collect such materials. There shall be no additional charge to the customer or SWDD for collecting Bulk Trash placed curbside. 6.2. Residential Recyclables Collection Service 6.2.1. Service for Residential Recyclables Collection shall be only initiated, terminated, or changed by SWDD. Franchisee will not initiate, terminate, or change service to the customer without written notification from SWDD. Residential Recyclables Collection Service shall initiate, terminate, or change on the next scheduled collection day from the date notified by SWDD. 6.2.2. Franchisee shall collect Program Recyclables from Residential Units and Multi -Family Units according to the provision herein. Program Recyclables shall be collected once per week. Collection of Program Recyclables for Residential Customers shall occur on the same day as collection of Solid Waste or Yard Trash. 6.2.2.1. Franchisee shall provide Roll Carts for Program Recyclables for Residential Customers. See Article 7.2 for further details regarding Roll Carts. 6.2.2.2. For Residential or Multi -Family Units choosing commercial -style collection, collection containers shall be placed at locations that are mutually acceptable to Franchisee and Page 10 customer. Franchisee shall provide Roll Carts, dumpsters, or roll -offs, as needed and appropriate. 6.2.3. The types of materials included for collection as Program Recyclables may be modified upon mutual agreement between SWDD and Franchisee. Such modification shall be at no additional cost to SWDD unless Franchisee can document that the addition of such items substantially impacts the cost of providing service. A list of materials accepted as Program Recyclables is provided in Exhibit 3. 6.3. Backdoor Collection Franchisee shall, at no additional cost to the Residential Customer or SWDD, provide backdoor collection of Solid Waste and Recyclables to Residential Customers who are unable to deliver their Solid Waste or Recyclables to the curb. Franchisee shall commence backdoor collection within one (1) week of notification, in the form of documentation by a medical practitioner, by a Residential Customer. 6.4. Procedures for Non -Collection 6.4.1. In the event that the Solid Waste placed out for collection does not comply with set out procedures pursuant to this Agreement, with the exception of bags outside of a Roll Cart pursuant to Article 6.1.3., Franchisee is not required to collect it. If Franchisee elects to not collect such materials, a non -collection notice shall be placed on the container or non -conforming materials explaining why collection was not made and Franchisee shall notify SWDD pursuant to Article 12.2.2. 6.4.2. In the event that Program Recyclables are contaminated through commingling with materials that are not a Program Recyclable, Franchisee shall, if practical, collect the Program Recyclables and leave material that is not Program Recyclables in the Recycling Roll Cart along with a non -collection notice explaining why all materials were not collected. However, in the event that the Program Recyclables and materials that are not Program Recyclables are commingled to the extent that they cannot easily be separated by Franchisee, or the nature of the non -Program Recyclables render the entire Recycling Roll Cart contaminated, Franchisee shall leave all the materials along with a non -collection notice explaining why collection was not made. 6.4.3. Franchisee shall develop and produce non -collection notices for solid waste and recycling. The design and content of non -collection notices are subject to approval by SWDD. 6.4.4. As further specified in Article 12.2, within one (1) Day of occurrence, Franchisee shall electronically notify the Contract Manger regarding all non -collection events. 6.5. Hours and Holidays 6.5.1. Residential Collection Service and Residential Recyclables Collection Service shall take place between 6:00 a.m. and 6:00 p.m. Monday through Friday. 6.5.2. The SWDD Facility is closed on Independence Day, Labor Day, Thanksgiving, Christmas, and New Year's Day. In the event Residential Collection Service or Residential Recyclables Collection Service normal collection day falls on a Holiday, Franchisee will provide make-up collection as directed by SWDD. 6.5.3. All collection services following a Holiday shall be one (1) Day after the normally scheduled collection day for the remainder of the week. Saturday collection is required for Holiday make-up collection. 6.6. Provision for Universal Residential Collection Service Should SWDD decide to implement universal Residential Collection Service in the Urban Service Area (USA) of the Solid Waste Franchise Area along with any participating municipality, Franchisee shall honor the proposed universal rates provided in Exhibit 1 with a Consumer Price Index (CPI) adjustment. The CPI to be used is defined in Exhibit 4. If the change to universal Residential Collection Service is made between October 1, 2015 and September 30, 2018, seventy-five percent (75%) of the percentage change in CPI between the month of April in the prior year and the month of April in the current year shall be added to Page 11 the proposed universal rate. If the change to universal Residential Collection service is made on or after October 1, 2018, one hundred percent (100%) of the percentage change in CPI between the month of April in the prior year and the month of April in the current year shall be added to the proposed universal rate. Universal rates shall be subject to rate adjustments pursuant to Article 16.1.2. following the first year of implementation. Upon implementation of universal Residential Collection Service, the County shall assume billing residents receiving universal service through a non -ad valorem assessment. If other than payment by check, ACH or EFT, payment method for universal Residential Collection Service to the Franchisee to be determined upon mutual agreement between the County and the Franchisee. Franchisee shall be responsible for purchasing and distributing Roll Carts to residents who are not already receiving subscription service and require a Solid Waste Roll Cart. ARTICLE 7. CONTAINERS 7.1. Customer -Provided Containers Franchisee shall replace personal containers used for Yard Trash of a Residential Customer within three (3) business days after being notified by SWDD or customer that Franchisee or its employees damaged the customer's container. Franchisee shall provide a replacement container (as applicable) that is similar in style, material, quality, and capacity to the customer's original container. Franchisee is not responsible for a replacement container if it can satisfactorily prove to the Contract Manager that Franchisee or its employees did not damage the Customer's container. 7.2. Roll Carts 7.2.1. Prior to the Commencement Date and in accordance with transition plan specified in Article 5, Franchisee shall provide Solid Waste Roll Carts for all Residential Customers within the Solid Waste Franchise Area and Recycling Roll Carts for all residences and Multi -Family Units within the Recycling Franchise Area. Roll Carts must meet the technical specifications provided in Exhibit 5. SWDD reserves the right, at its sole discretion, to designate the number, size, and/or frequency of collection of Roll Carts provided to Multi -Family Units. 7.2.2. SWDD will inform residents of options for repurposing or recycling their Recycling Bins. Recycling options will include delivery of Recycling Bins to a SWDD Customer Convenience Center or placing Recycling Bins curbside during the first week of carted collection service. If placed curbside, Franchisee shall collect and deliver Recycling Bins to the SWDD Facility. 7.2.3. Ownership of Roll Carts provided for Residential Collection Service or Residential Recyclables Collection Service shall rest with Franchisee until expiration or termination of this Agreement, at which point ownership shall rest with SWDD. 7.2.4. The standard program -size Roll Carts include a ninety-six (96) gallon cart for Solid Waste and a sixty-four (64) gallon cart for Program Recyclables issued to each residential customer. However, 96-, 64-, and 35 -gallon Solid Waste and Recycling Roll Cart sizes will be made available for customers that request alternative sizes. 7.2.5. Following the first ninety (90) days of service, upon request, Franchisee shall exchange a residential customer's Roll Cart with an alternatively -sized Roll Cart. Franchisee shall provide one (1) Roll Cart exchange for Solid Waste and Recyclables per customer at no charge to the customer or SWDD. Should a residential customer request additional exchanges, Franchisee may charge the residential customer no more than thirty dollars ($30) per Roll Cart that is exchanged. Franchisee shall track and report exchanges as specified in Article 12.2.2 7.2.6. If a customer generates large quantities of Solid Waste, the customer may request one (1) additional Roll Cart to accommodate the extra materials. Franchisee may charge a one-time fee of no more than sixty dollars ($60) per additional Roll Cart delivered. There shall be no charge for collection service of additional Roll Carts for Solid Waste. Page 12 198 7.2.7. If a customer generates large quantities of Program Recyclables, the customer may request an additional Roll Cart to accommodate the extra materials. There shall be no charge for the delivery or collection service for additional Roll Carts for Recyclables. 7.2.8. Franchisee shall repair or replace a Roll Cart within three (3) business days of receiving notice from SWDD or customer of the need for repair, or if identified unserviceable by Franchisee. 7.2.9. All new or replacement Roll Carts shall be delivered to the customers within three (3) Days from the date of request with a SWDD-provided new customer information packet attached. ARTICLE 8. COMMERCIAL COLLECTION SERVICE 8.1. Service Requests Commercial Customers shall initiate, terminate, or change service directly by a written contract with Franchisee. Service shall start, terminate, or change on the next scheduled collection day from the date requested. 8.2. Commercial Collection Service 8.2.1. Franchisee shall provide Commercial Collection Service in the Solid Waste Franchise Area. 8.2.2. Collection of Solid Waste shall be provided at least once per week. Commercial Collection Service shall be provided frequently enough to prevent the creation of a public nuisance or a threat to the public health, safety, or welfare. If necessary, the Contract Manager or their designee shall assist Franchisee and Customer- in confirming that the size of the collection container and frequency of collection service are sufficient to ensure that Solid Waste is not routinely placed or stored outside of the collection container. 8.2.3. Collection containers shall be placed at locations that are mutually acceptable to Franchisee and Commercial Customer, and in compliance with County ordinance. If a dispute should arise between a Commercial Customer and Franchisee regarding the location of a collection container, the Contract Manager shall consult with the County's Community Development Department and designate the location. 8.2.4. Franchisee shall purchase, equip, and maintain Ultra High Frequency (UHF) Radio Frequency Identification (RFID) tags on all commercial containers serviced. Technical specifications for the required RFID tags are provided in Exhibit 6. 8.3. Commercial Recycling 8.3.1. Franchisee shall encourage all persons utilizing a Commercial Property to recycle and shall provide for collection of Recyclables. The types of Recyclables collected from Commercial Customers shall, at a minimum, include the Program Recyclables listed in Exhibit 3. 8.3.2. Frequency of collection for Recyclables may be provided as agreed upon by the Commercial Customer and Franchisee. 8.3.3. The rate charged by Franchisee for collection of commercial Recyclables shall be less than the collection rate charged for servicing a Solid Waste container of equal size and frequency. 8.4. Hours and Holidays 8.4.1. Commercial Collection Service shall take place between 6:00 a.m. and 6:00 p.m. Monday through Sunday. Franchisee may begin collecting Solid Waste from Commercial Customers with frontend Toad vehicles at 4:00 a.m. subject to the approval of the Contract Manager. Should the Franchisee receive any complaints from residents that live in close proximity to the commercial routes and are adversely affected by early morning collection activity, the Franchisee shall reroute the affected area to begin collection time in said area to 6:00 a.m. All rerouting is subject to the approval of the Contract Manager. 8.4.2. Franchisee shall not be required to provide Commercial Collection Service on Holidays. Page 13 ARTICLE 9. COMMUNITY CLEANUPS Franchisee shall perform four (4) community cleanups within the Franchise Area each calendar year. Community cleanups are typically a single day event on a weekend. The times and locations of the community cleanups shall be selected by the Contract Manager after coordinating with Franchisee. Franchisee shall provide appropriate containers during each community cleanup at no additional cost to SWDD or to the sponsor. During the community cleanup, Franchisee shall collect only Solid Waste, Yard Trash, Program Recyclables, and Bulk Trash. Franchisee shall transport these materials to the SWDD Facility for disposal at no additional cost to Franchisee. In addition, Franchisee shall assist SWDD with at least two (2) Household Hazardous Waste and e -waste collection event within the Franchise Area each calendar. HHW and e -waste collection events are typically a single day event on a weekend scheduled from 9:00 a.m. to 3:00 p.m. Franchise shall provide up to twenty (20) personnel and, as required, pallets, shrink wrap, fork-lift, gaylord boxes, containers, and transport truck. Franchisee personnel shall receive HHW and e -waste from residents, properly containerize it, load it, and deliver it to the landfill. The County will accept properly prepared HHW and e -waste at no cost to Franchisee. ARTICLE 10. DESIGNATED FACILITY 10.1. Solid Waste and Program Recyclables 10.1.1. Franchisee shall deliver all Solid Waste (including Bulk Trash), Recyclables, and Yard Trash collected pursuant to this Agreement to the Designated Facility, unless otherwise approved by the Contract Manager in writing. Solid Waste and Recyclables SWDD Facility 1325 74th Avenue SW Vero Beach, Florida 32968 Yard Trash Indian River BioEnergy Center 925 74th Avenue SW Vero Beach, Florida 32968 10.1.2, SWDD reserves the right to change the Designated Facility during the term of the Agreement. Should SWDD do so, collection rates may be adjusted according to the average change in distance driven by Franchisee. Supporting information justifying the need for an adjustment will be required. 10.1.3. Solid Waste collected from Residential Customers in the Solid Waste Franchise Area according to the terms of this Agreement may be disposed of at the Designated Facility at no cost to Franchisee. 10.1.4. Solid Waste collected from Commercial Customers in the Solid Waste Franchise Area pursuant to this Agreement, may be disposed of at no additional cost to Franchisee, with the exception of C&D. Franchisee shall pay disposal fees for C&D delivered in roll -off containers, or any roll -off containers where C&D is mixed with other types of Solid Waste, and is responsible for invoicing and collecting payment for such disposal costs from the Commercial Customer. 10.1.5. Franchisee shall pay the applicable fees at the Designated Facility for the disposal of C&D collected in containers less than fifteen cubic yards (<15 CY) in size, or any loads where C&D is mixed with other types of Solid Waste, and all other Solid Waste collected outside the terms of this Agreement and is responsible for invoicing and collecting payment for such disposal costs. 10.2. Out -of -County Solid Waste Franchisee shall not transport any Solid Waste or other material originating from outside of the County to the Designated Facility without the prior written authorization of SWDD. Any out -of -County Solid Waste or Recyclables approved by SWDD for disposal or processing in the Designated Facility shall be subject to appropriate fees and charges, as determined by the Board by resolution. Page 14 ARTICLE 11. ADDITIONAL FRANCHISEE RESPONSIBILITIES 11.1. Restrictions on Collection of Mixed Loads 11.1.1. Franchisee shall collect Solid Waste, Yard Trash, Bulk Trash and Program Recyclables generated in the County separate from any materials generated outside of the County. 11.1.2. Franchisee shall collect Solid Waste generated by Residential Customers separate from that generated by Commercial Customers. 11.1.3. Franchisee shall not mix or comingle Recyclables with Solid Waste. Franchisee shall collect Program Recyclables generated by Residential and Multi -Family Units separate from Recyclables from Commercial Customers. Any Recyclables from Commercial Customers that are comingled with Recyclables from Residential or Multi -Family Units shall become the property of SWDD and delivered to the Designated Facility. 11.1.4. Franchisee shall collect Solid Waste, Yard Trash, and Program Recyclables separate from each other, and shall not combine loads of different material types. Franchisee shall be responsible for all disposal costs associated with loads of mixed materials. 11.2. Future Recycling Initiatives To assist the County in meeting the Florida State seventy-five percent (75%) recycling goal by 2020, Franchisee shall negotiate in good faith on the expansion of future recycling initiatives developed by SWDD such as residential, multi -family and commercial food waste collection programs. Any such changes shall be mutually agreed upon by both parties and approved by the SWDD Board as an amendment to the Agreement. Nothing in this Agreement shall preclude SWDD from allowing a business to source separate and transport food waste or other material for the purpose of diverting it from disposal. 11.3. Routes and Schedules 11.3.1. Franchisee shall provide routes and map information in GIS -compatible format to the Contract Manager at least thirty (30) Days prior to the Commencement Date and annually thereafter. All updates during the term of this Agreement shall be provided in a GIS -compatible format. 11.3.2. Franchisee shall not change the scheduled collection days until Franchisee receives the Contract Manager's prior written authorization. The Contract Manager's approval of such changes shall not be unreasonably withheld. In the event that the Contract Manager authorizes a change in schedule that alters the collection day for any Residential Customer, Franchisee shall, at its expense, notify each affected Residential Customer by mail or other manner approved by the Contract Manager not less than one (1) week prior to the change. 11.4. Manner of Collection 11.4.1. All containers and Roll Carts shall be completely emptied and placed back in an upright position at the point where collected. Containers with an unattached lid shall be completely emptied and placed back in an upright or inverted position with the lid set on top, or placed beside the Page 15 container, at the point where collected. Roll Carts shall be placed with the lid in the closed position. 11.4.2. Franchisee shall provide all Residential Collection Services with as little noise and disturbance as possible. 11.4.3. No trespassing by Franchisee's employees will be permitted. 11.4.4. No Franchisee employee shall remove or tamper with any property not placed for collection. 11.4.5. All collection vehicles shall remain on the right-hand side of the road when providing Residential Collection Service and at no time shall collection crews cross to the left-hand side of the road to retrieve containers, Roll Carts, or materials that have been set out for collection. 11.4.6. Franchisee's vehicles shall not unduly interfere with vehicular or pedestrian traffic. Vehicles shall not be left on the street unattended. 11.5. Protection of Private and Public Property 11.5.1. Franchisee acknowledges that collection points on rights-of-way are frequently co -located with other utility easements. Therefore, particular attention shall be given to the location of water meters, transformers, guy wires, utility poles, and irrigation structures. Authorization to use the easement does not abrogate Franchisee's responsibility to exercise caution in relationship to the property of other authorized users. 11.5.2. Franchisee shall take care to prevent damage to all public and private property while conducting services pursuant to this Agreement, including, but not limited to, buildings, monuments, markers or fences, vehicles, pipes and underground structures, storm water inlet covers, gutters, curbs, public streets, trees and tree canopies, flowers, shrubs, and other plantings. SWDD acknowledges this does not preclude normal wear and tear of streets resulting from normal use by Franchisee. 11.5.3. Franchisee shall immediately notify the Contract Manager of any personal injury or damage to public or private property caused by Franchisee during the provision of collection services. Wherever such property is damaged due to the activities of Franchisee, it shall be immediately restored to its original condition by Franchisee at Franchise's expense. In addition, if on County/SWDD property, Franchisee shall submit an accident/investigation report within forty- eight (48) hours to Contract Manager and the Indian River County Risk Manager. 11.5.4. In case of failure on the part of Franchisee to restore such property or make good such damage or injury, SWDD may, upon forty-eight (48) hours written notice to Franchisee, proceed to repair, rebuild, or otherwise restore such property as may be deemed necessary and to bill the cost to Franchisee. If any damage caused by Franchisee impacts the safety, health and welfare of the County's citizens, the repairs will be arranged by SWDD and billed to Franchisee based on the actual cost incurred to repair the said damages, plus ten percent (10%) to account for SWDD's administrative costs. 11.6. Spillage and Littering 11.6.1. Franchisee shall not litter or cause any spillage to occur upon the premises or the right-of-way wherein the collection and transport of materials shall occur. During transportation, all collected materials shall be contained, tied, or enclosed to prevent leaking, spilling and blowing. 11.6.2. In the event of any confirmed spillage/leakage/blowing from a Franchisee's vehicle, Franchisee shall promptly, at least within twenty-four (24) hours, clean up all spillage/leakage/blowing at no cost to SWDD or the County. Franchisee is responsible to clean such spills, leaks, or blown materials to the satisfaction of the Contract Manager up to, and including, resealing or resurfacing depending on the severity of the damage. If Franchisee can satisfactorily prove to the Contract Page 16 202 Manager that the responsibility for the spillage/leakage/blowing belongs to a third party, then Franchisee will not be responsible for the cleanup. 11.7. Collection Plan Franchisee shall maintain a collection plan, initially developed during the transition prior to Commencement Date, describing in detail how Franchisee will provide collection services in compliance with the requirements in the Agreement. The collection plan and all revisions to the plan are subject to the Contract Manager's prior written approval. Any change to the collection plan shall be submitted to the Contract Manager for approval. 11.8. Permits and Licenses Franchisee shall obtain, at its own expense, all permits and licenses required by Applicable Law and maintain same in full force and effect. Any revocation of Franchisee's licenses or permits shall be reported to SWDD within three (3) Days. 11.9. Relationship with SWDD Franchisee shall cooperate with SWDD in every reasonable way to facilitate the successful completion of the activities contemplated in this Agreement. Franchisee shall assign a qualified person or persons as a point of contact to be in charge of Franchisee's operations within the County. SWDD shall have direct access to Franchisee's point of contact as designated by Franchisee. SWDD's point of contact shall be the Contract Manager. Alternates may be designated by either party upon written notification. 11.10. Personnel 11.10.1. Within three (3) Days following the Effective Date, Franchisee shall provide the Contract Manager with a written list containing the names, addresses, emails, and telephone numbers of Franchisee's operations manager and other key personnel, and the telephone numbers that are to be used to contact Franchisee in the event of an emergency. 11.10.2. Franchisee shall use competent, qualified, sober, drug-free personnel to provide collection services pursuant to this Agreement. Franchisee shall only utilize personnel in providing services pursuant to this Agreement that have passed criminal background checks. Franchisee shall devote sufficient personnel, time, and attention to its operations under this Agreement to ensure that its performance will be satisfactory to SWDD. 11.10.3. Franchisee shall furnish each employee with an appropriate means of identifying him or her as an employee of Franchisee. At a minimum each Franchise employee shall have a uniform with a nametag and company logo. Franchisee's employees shall wear the identification at all times while on duty. 11.10.4. All of Franchisee's personnel shall maintain a courteous and respectful attitude at all times. Franchisee shall instruct its employees to avoid loud or profane language at all times during the performance of their duties under this Agreement. Franchisee's employees shall not conduct themselves in a negligent, disorderly, or dishonest manner. 11.10.5. Franchisee shall comply with all Applicable Law relating to wages, hours, overtime, disability, and all other matters relating to the employment and protection of employees, now or hereafter in effect. 11.10.6. SWDD reserves the right to disapprove and request removal of any Franchisee personnel assigned to SWDD's work. Such disapproval or request shall be for reasonable cause only and shall be addressed in writing to Franchisee. Notwithstanding the foregoing, Franchisee shall not be required to take any action with regard to Franchisee's personnel that would violate any Applicable Law. 11.11. Employee Training and Licenses 11.11.1. All of Franchisee's employees shall be qualified and appropriately trained for the tasks assigned to them. Franchisee shall provide refresher courses and additional training to its employees, as Page 17 needed, to ensure compliance with the requirements of this Agreement and all Applicable Law. SWDD has the right to review Franchisee's training records. 11.11.2. At all times when operating vehicles or equipment pursuant to this Agreement, Franchisee's employees shall carry a valid Florida driver's license for the type of vehicle or equipment being operated. 11.12. Office Requirements 11.12.1. Franchisee shall maintain an office in the County to remain open from 8:00 a.m. to 5:00 p.m., Monday through Friday, and 8:00 a.m. to 12:00 p.m. on Saturday, except Holidays. 11.12.2. Franchisee shall maintain a toll-free telephone number where service inquiries and complaints can be received by Franchisee. Franchisee shall use either a telephone answering service or answering machine to receive service inquiries and complaints during those times when the office is closed. During office hours, these services must be monitored regularly, so that Franchisee can respond to any message within sixty (60) minutes. The response, at a minimum, shall include a reply to the inquiry and a plan of action to address or fix the complaint. During non -office hours, messages shall be answered no later than noon the following business Day. 11.12.3. Franchisee's office shall be equipped with adequate and appropriate personnel and equipment to receive, document, and respond to inquiries, issues, and complaints in a timely manner (no longer than twenty-four (24) hours). Franchisee's office staff shall be familiar with SWDD and Franchisee's obligations under this Agreement. 11.12.4. Franchisee shall establish a process, subject to the Contract Manager's approval, for receiving and handling emergency calls, both during and after normal operating hours. 11.13. Customer Service Standards 11.13.1. Franchisee shall be responsible for providing the highest quality service to all residential and commercial customers under the provisions of this Agreement. 11.13.2. If SWDD or customer notifies Franchisee before 12:00 p.m. of a missed collection Monday through Friday, Franchisee shall return to the customer's premises before 6:00 p.m. the same Day of the notification and collect all of the Solid Waste or Recyclables that have been set out for collection. If Franchisee is notified after 12:00 p.m. Monday through Friday of a missed collection, collection shall be made by 12:00 p.m. the next Day following notification. Notifications received Saturday or Sunday shall be corrected before 12:00 p.m. on Monday. Any missed collections that are not remedied as outlined above shall be considered a complaint. 11.13.3. If SWDD receives a complaint regarding Franchisee's service under this Agreement, the complaint shall be immediately forwarded to Franchisee by telephone or electronic communication. Franchisee shall resolve all complaints as expeditiously as possible and shall take whatever steps are necessary to remedy the cause of a complaint within twenty-four (24) hours after receiving a complaint from SWDD. 11.13.4. Upon resolution of the complaint, Franchisee shall notify SWDD within twenty-four (24) hours, by telephone or electronic communication, of the action taken to resolve the complaint. 11.13.5. Franchisee shall also notify the Contract Manager regarding any disputes that have not been resolved within twenty-four (24) hours after receiving the complaint. Franchisee may request, and the Contract Manager may grant, additional time to remedy a complaint when necessary. If a dispute is not resolved to a Residential or Commercial Customer's satisfaction, SWDD shall have the authority to determine how the dispute will be resolved. 11.13.6. Franchisee shall keep a written record of all complaints it receives regarding Franchisee's service under this Agreement. Franchisee shall use a standard form to record the pertinent facts regarding each complaint and how it was resolved. The form shall identify source of the complaint (customer name, customer type - residential or commercial, and contact information), the time and date when a complaint was received, when Franchisee responded to the complaint, and the date and Page 18 204 time when the complaint was resolved. Franchisee's records and forms shall be kept up to date and a record of all complaints shall be submitted monthly as outlined in Article 12.2.2. In addition, Franchisee's records and forms shall be maintained throughout the term of this Agreement. Copies of the complaints and forms shall be kept at Franchisee's office in the County and shall be available for inspection by the Contract Manager during normal business hours. 11.14. Vehicle and Collection Equipment 11.14.1. General Requirements 11.14.1.1. Franchisee shall maintain a dedicated fleet of collection vehicles designated for Indian River County to fulfill this Agreement. No single frontline vehicle shall exceed the maximum age of ten (10) years. SWDD reserves the right, at its discretion, to require a vehicle be taken out of service for habitual maintenance issues. 11.14.1.2. Franchisee will have a compressed natural gas (CNG) fuel station constructed and operational in Indian River County by October 1, 2017. 11.14.1.3. SWDD reserves the right to add antennae and computer device to collection vehicles to record Automatic Meter Reading (AMR) technology output signal from IRC utilities water meter devices if it chooses to use this technology. The device would require power source and allow some sort of magnetic antennae. All AMR equipment shall not interfere with franchisee equipment or job function. SWDD releases franchisee from all liability related to carrying the device. 11.14.1.4. Franchisee shall purchase and/or lease, maintain, and repair all of the vehicles and equipment necessary to comply with the requirements of this Agreement. Franchisee's vehicles and equipment shall be compatible (in size and weight) with, and appropriate for, the areas where such vehicles and equipment are utilized. If Franchisee must use a substandard road (as determined by the County) to obtain access to a customer, Franchisee shall use lightweight and/or smaller vehicles and equipment when providing service on such roads. 11.14.1.5. All of Franchisee's collection vehicles shall have waterproof seals and shall be watertight to a depth sufficient to prevent the discharge or leaking of liquids that have accumulated in the vehicle's cargo area during loading and transport operations. 11.14.1.6. All collection vehicles shall be painted a uniform color. 11.14.1.7. SWDD reserves the right to conduct periodic inspections of operations, vehicles, and equipment to ensure compliance with federal and state commercial motor vehicle statues, as well as the above requirements. 11.14.1.8. All vehicles used to provide Collection Service under this Agreement shall be equipped at all times with: (a) all safety supplies, equipment, and first aid supplies required by Applicable Laws; (b) a fire extinguisher; (c) a heavy-duty broom, a rake, and a large dustpan; (d) a spill response kit; (e) an audible back-up warning device; and (f) back-up cameras. The spill response kit shall be suitable and adequate for cleaning up any leaks or spills of oil, hydraulic fluid, or other liquids from Franchisee's collection vehicles. 11.14.1.9. Franchisee shall have sufficient reserve vehicles and equipment available to complete daily routes. The use of reserve vehicles and equipment shall include, but not be limited to, occasions when frontline vehicles and equipment are out of service, or when unanticipated delays will prevent frontline vehicles and equipment from completing the collection route(s) within the established hours of collection. 11.14.1.10. The reserve vehicles and equipment shall be in service within two (2) hours of any breakdown or delay of the frontline collection vehicle. The reserve vehicles and equipment shall be similar in size and capacity to the vehicles and equipment being replaced. Page 19 205 11.14.2. Maintenance and Cleaning 11.14.2.1. Franchisee shall monitor, maintain and repair its collection vehicles and equipment, at a minimum, in compliance with the manufacturer's recommendations and Applicable Law. Oil/hydraulic systems and waterproof seals/enclosures shall be kept in good condition at all times to prevent spills and leaks. 11.14.2.2. Franchisee shall keep all collection vehicles and equipment cleaned. All collection vehicles used for the collection of Solid Waste shall be washed thoroughly and sanitized with a suitable disinfectant and deodorant at least once each week, unless the Contract Manager approves an alternate cleaning schedule. Other collection vehicles shall be cleaned and washed, as necessary, to minimize the potential for odors and nuisance conditions. 11.14.3. Vehicle Identification 11.14.3.1. Franchisee's vehicles shall clearly display Franchisee's logo, name, and telephone number printed in letters not less than four inches (4") on each side of the vehicle. 11.14.3.2. Franchisee vehicles shall be numbered with numbers not less than four inches (4") high on each side of the vehicle. Franchise shall keep a record of the vehicle to which each number is assigned. 11.14.3.3. Franchisee shall display the SWDD theme and logo on the sides and rear of every vehicle newly put into service in the County to collect Solid Waste or Recyclables pursuant to this Agreement. The signs shall be appropriately sized, as mutually agreed. SWDD will provide the approved artwork for the Franchisee's vehicles. 11.15. Service Verification System 11.15.1. Franchisee will provide ENSPIRE'", a proprietary software package and web -based tracking program, to SWDD at no cost. 11.15.2. Franchisee shall provide and maintain a service verification system with web -based access. Service verification software shall be capable of providing reports online that can be downloaded in PDF and Excel formats. Franchisee is responsible for all associated software costs and maintenance. 11.15.3. Service verification software shall be capable of providing map -based location visibility of frontline and reserve collection vehicles operated in real time, and shall be able to generate reports as needed based on Roll Cart and container service activity, including, but not limited to, collection and non -collection events and set -out rates. Variables and fields used to supply and manage this information shall include, but not be limited to: a. Roll Cart or container type (garbage or recycling) b. Generator type (residential, multi -family, or commercial) c. Customer ID and address d. Collection event date, time, and latitude/longitude coordinates e. RFID tag number f. Serial number g. Cart size h. Route and truck information 11.15.4. Service verification software shall include an asset management database through which Franchisee shall be responsible for reporting and tracking the movement of all Roll Carts, including deliveries, removals, exchanges, repairs, warranty recovery, and any other information necessary to manage cart assets, subject to SWDD approval. All database adjustments must be made within forty-eight (48) hours of physical inventory exchange and completion of work order. All software used shall have the ability to generate reports that can be converted to Excel or PDF based on Roll Page 20 Cart activity including maintenance and inventory reports. Data fields shall include, but not be limited to: a. Work order number, date, and status b. Roll Cart type (garbage or recycling) c. Customer ID and address d. Container serial numbers, new and old if replacement is required e. RFID tag numbers, new and old if replacement is required f. Serial number g. Cart size h. Recovery and delivery latitude/longitude coordinates i. Route information ARTICLE 12. RECORD KEEPING AND REPORTING 12.1. Record Keeping Franchisee shall maintain books, records, documents, time and cost accounts, and other evidence directly related to its provision or performance of services under this Agreement. All time records and cost data shall be maintained in accordance with generally accepted accounting principles during the time of the Agreement and up to one (1) year thereafter. SWDD shall have the right to perform audits of Franchisee's records at SWDD's expense, whenever SWDD deems it necessary. 12.2. Reporting 12.2.1. Daily Report: Within one (1) Day of occurrence, Franchisee shall electronically notify the Contract Manager of any of the events listed below, in a format approved by the Contract Manager, which may include use of the service verification system reports, if applicable. If no such events occur, no notification is necessary. a. Non -collection as specified in Article 6.4. b. Incidences of personal injury or property damage, including vehicular damage, to public or private property by Franchisee as specified in Article 11.5. c. Spillage and Littering occurrences as specified in Article 11.6 12.2.2. Monthly Report: Prior to the fifteenth (15) Day of each month during the term of this Agreement, Franchisee shall electronically submit a report to the Contract Manager in a format approved by the Contract Manager, which may include use of the service verification system reports. The report shall contain the following information for the previous service month: a. A summary of Complaints as specified in Article 11.13 with residential and commercial complaints listed separately. b. Roll Cart repair, replacement, exchange, and asset management reports including information as specified in Article 7.2. c. List of customers receiving the following services (including customer name, address, container size, frequency of collection, and billing rate): • Residential Collection Service • Commercial Collection Service (identify Multi -Family and Commercial Properties) • Residential Recyclables Collection Service for residents receiving Commercial Collection Service (identify Residential and Multi -Family Units) • Commercial Recyclables collection service (identify types of materials collected, such as segregated cardboard, paper, commingled containers, or Single Stream) d. Documentation and calculation of Franchise Fee linked to the previous list and identifying total monthly invoice and gross revenue received: Page 21 207 • Residential Collection Service • Commercial Collection Service • C&D collection service of containers less than fifteen cubic yards (<15CY) in size e. Documentation of all activities conducted by the Franchisee to encourage participation in recycling or subscription Residential Collection Service, including activities conducted pursuant to participation growth strategies specified in Article 14. 12.2.3. Annual Reports: 12.2.3.1. Recycling Participation: Franchisee shall, on or before March 31 of each year, determine the number of customers participating in the Residential Recyclables Collection Service. Customer participation may be conducted using service verification software. SWDD may request a participation report, as needed. 12.2.3.2. Vehicle List: On or before March 31 of each year, Franchisee shall provide the Contract Manager with a list of the vehicles and other collection equipment that will be used by Franchisee to provide services under this Agreement. This list shall include the license tag number and age for each vehicle. Franchisee shall revise and resubmit the list to the Contract Manager during the term of this Agreement if there are any changes to the list of vehicles or other collection equipment. The requirements of this paragraph do not apply to: (a) vehicles and other collection equipment used in the County for thirty (30) Days or less; or (b) bona fide demonstration trucks and other collection equipment. 12.2.3.3. Franchisee shall provide to SWDD annually a certified financial statement and report that includes an income statement showing the gross revenue received by Franchisee from the collection of Solid Waste and Recyclables and other services provided by Franchisee under this Agreement. The report must include the opinion of a Certified Public Accountant, who had conducted an audit of Franchisee's books and records in accordance with generally accepted accounting standards which include tests and other necessary procedures, that the financial statements are fairly presented in all material aspects and in conformity with generally accepted accounting procedures. The report also must include the Certified Public Accountant opinion that Franchisee has properly calculated and fully paid the Franchise Fees that are due and owing to SWDD pursuant to the provisions of this Agreement. The annual audit shall be delivered to SWDD by April 30 of each year. SWDD may waive the requirement of an audited financial statement upon good cause. 12.2.4. Franchisee shall provide any additional information or reports as requested by the Contract Manager to monitor this Agreement or SWDD's Solid Waste and Recyclables programs. ARTICLE 13. PUBLIC AWARENESS PROGRAM The Public Awareness Program is a public information program developed by SWDD and Franchisee to encourage the residents and businesses in the County to reduce the amount of Solid Waste generated, recycle whenever possible, and safely manage and dispose of Solid Waste that is not recycled. The program also will provide the public with information concerning Franchisee's services, fees, level of service and any proposed changes in those fees or services. At the request of the Contract Manager, Franchisee shall distribute brochures or other informational material concerning SWDD's Public Awareness Program up to two (2) times per year. These materials will be prepared by SWDD. The materials shall be delivered by Franchisee to Franchisee's customers via U.S. mail, or as approved by the Contract Manager, at no additional cost to SWDD or customer. ARTICLE 14. PARTICIPATION GROWTH STRATEGY Franchisee is committed to assist SWDD in accomplishing the Florida Legislature's goal of achieving seventy-five percent (75%) recycling by the year 2020. Efforts will be focused on increasing waste diversion with residential, Page 22 multi -family, and commercial generators. In addition, SWDD desires an increase in community usage of Residential Collection Service, thus reducing reliance on the County's convenience centers. All forms of communication regarding the County's programs including, but not limited to, electronic, written, audio, video, graphics, logos, etc., shall be reviewed and approved by the Contract Manager, or his designee, prior to disseminating or presenting publically. 14.1. School Presentations Franchisee will partner with SWDD and Indian River County Schools to present programs on recycling and sustainability on-site at the schools. 14.2. Commercial Recycling Franchisee will have a designated Commercial Account Manager to direct Franchisee efforts to work directly with businesses to review current container size and service frequency, and provide an analysis detailing cost savings that may be realized by adding a recycling program. 14.3. County Park Recycling Franchisee shall provide and service up to seventy-five (75) bottle and can recycling containers for use at County parks at no cost to SWDD or the County. Franchisee will work in conjunction with SWDD to determine container type, container placement, implementation timeline, and educational materials to encourage use. Markings on the containers shall be approved by SWDD. 14.4. Residential Subscribers 14.4.1. Franchisee shall encourage new subscribers by offering an introductory rate to new Residential Customers. Residents who contact Franchisee between October 1 and October 31, 2015 to establish new subscription service will receive a ten percent (10%) discount off the first quarter invoice. Subscribers will transition to the regular rate after the introductory rate period. 14.4.2. Franchisee shall encourage universal service within individual Homeowners Association (HOA) communities by offering discounted pricing to HOAs that elect to receive one invoice for the entire community. Franchisee will send one invoice reflecting a ten percent (10%) discount to the HOA for all residential units within the community. This discount will be in force until the termination of this Agreement. 14.4.3. Franchisee shall dedicate staff resources to offer presentations to HOA and community organizations regarding the special rate programs and benefits of curbside Residential Collection Service. ARTICLE 15. FRANCHISE FEE The Franchise Fee shall pertain to Residential Collection Service, Commercial Collection Service, and non-exclusive C&D collection service. No Franchise Fee is required for Residential Recyclables Collection Service. Franchisee shall remit a Franchise Fee in the amount of six percent (6%) of gross revenues collected in the immediately preceding month pursuant to the Franchise granted herein to SWDD, by check, on or before the fifteenth (15th) Day of each month. Should the City of Fellsmere elect to participate in this Agreement, the Franchise Fees for Residential Collection Service, Commercial Collection Service, and non-exclusive C&D collection service provided within the municipal boundaries shall be remitted directly to the City of Fellsmere. If applicable, Franchisee shall remit a Franchise Fee in the amount of six percent (6%) of gross revenues collected in the immediately preceding month for services provided within the municipal boundaries to the City of Fellsmere, by check, on or before the fifteenth (15th) Day of each month. Page 23 209 ARTICLE 16. COMPENSATION 16.1. Collection Service Rates 16.1.1. Rates for Residential Collection Services, Residential Recyclables Collection Service, and Commercial Collection Service are provided in Exhibit 1. All rates are subject to rate adjustments set forth in Article 16.1.2. No additional fees or charges shall be billed by Franchisee unless approved by the SWDD Board. 16.1.1.1. The Residential Collection Services rate set forth in this Agreement is the total rate that may be charged by Franchisee and includes all collection costs and Franchise Fees. Franchisee shall not separately state the amount of the Franchise Fee on any bill to any Residential Customer. Franchisee may charge a discounted service rate, as provided in Article 14.4.2., to homeowner associations (HOAs) that accepts a single bill for providing subscription service to all residences in the HOA in order to incentivize Residential Collection Service. 16.1.1.2. The rates for Commercial Collection Service set forth in this Agreement include the Franchisee Fee. Pursuant to Articles 10.1.4 and 10.1.5, disposal fees for C&D or C&D mixed with Solid Waste delivered in roll -off containers are to be paid by the Franchisee based on actual tonnage and the applicable fees at the Designated Facility and passed onto the customer by the Franchisee. 16.1.2. Rate Adjustment 16.1.2.1. All unit prices shall remain the same through the first year of the Franchise Agreement. 16.1.2.2. Franchisee may request an annual rate adjustment. Such request must be submitted in writing to SWDD no later than June 1 of the year in which Franchisee would like the rate adjustment to go into effect. Such rate adjustments are subject to approval by SWDD. If approved, the rate adjustment would become effective October 1 of that year. 16.1.2.3. If a rate adjustment is requested, the calculation shall be made as specified in Exhibit 4 and shall not exceed three and a half percent (3.5%) or as approved by SWDD. 16.1.2.4. All notices to customers regarding rate adjustments must be approved by SWDD prior to being issued. 16.1.3, Change in Law Rate Adjustment Franchisee may petition SWDD for an additional rate adjustment resulting from a Change in Law. Franchisee's request shall contain substantial proof and justification to support the need for the rate adjustment. SWDD may request from Franchisee such further information as may be reasonably necessary in making its determination. Within sixty (60) Days of receipt of the request and all other additional information required by SWDD, the Contract Manager shall make a determination regarding the fairness of the request and shall make a recommendation to the Board. The Board shall consider the request at a regularly scheduled meeting. If the Board approves the request, adjusted rates shall become effective upon the Board's approval. All notices to customers regarding rate adjustments must be approved by SWDD prior to being issued. 16.1.4. Limitation on Rate Changes Franchisee shall not be allowed a rate increase for any reason other than those expressly specified in this Agreement. Notwithstanding the foregoing, in the event that a federal, state, or local entity imposes a fee, charge, or tax after October 1, 2015 that applies to Franchisee's operations, such fee, charge, or tax shall be treated as a Change in Law and shall be passed through as a separate billed item after notice to, and confirmation by, SWDD. Page 24 210 16.2. Billing and Payment 16.2.1. Residential Collection Service Billing of subscription Residential Collection Service shall be the sole responsibility of Franchisee. Invoicing shall be quarterly in advance of services rendered. Franchisee may discontinue service to a subscription Residential Solid Waste Customer and remove the Solid Waste Roll Cart assigned to that customer upon non-payment for two (2) consecutive months. Franchisee shall notify the Contract Manager of intention to discontinue service due to non-payment. Should a Roll Cart be removed and the Residential Customer reinstate service, the Franchisee may charge up to twenty- five dollars ($25) for a redelivery fee. 16.2.2. Residential Recyclables Collection Service SWDD shall provide Franchisee with the final count each month of customers receiving Residential Recyclables Collection Service. Franchisee shall then submit an invoice to SWDD each month for Residential Recyclables Collection Service provided during the immediately preceding month according to final customer count provided by SWDD. SWDD shall make payment to Franchisee for all undisputed amounts on or before the thirtieth (30th) Day of each calendar month or twenty (20) Days after SWDD receives the invoice, whichever occurs later, upon verification by SWDD of the invoice submitted. 16.2.3. Commercial Collection Service Billing of Commercial Collection Service shall be the sole responsibility of Franchisee. Invoicing shall be monthly in advance of services rendered, with the exception of roll -off pull and disposal charges which shall be billed in arrears. Franchisee may discontinue service to a Commercial Customer upon non-payment for two (2) consecutive months. Franchisee shall notify Contract Manager of intention to discontinue service due to non-payment. 16.2.4. Non -Exclusive C&D Collection Service Billing of C&D collection service in containers less than fifteen cubic yards (<15 CY) in size shall be the sole responsibility of Franchisee. ARTICLE 17. EMERGENCY SERVICES 17.1. Contingency Plan In the event of a hurricane, tornado, major storm, natural disaster, or other such event, resulting in the temporary closure of the Designated Facility, the Contract Manager may grant Franchisee a variance from regular routes and schedules. However, Franchisee shall resume regular collection service upon re -opening of the Designated Facility. Should the Designated Facility be in operation but the Franchisee is unable to perform regular collection service, the Franchisee may be granted a variance upon request by Franchisee in writing to the Contract Manger. Franchisee shall coordinate with SWDD to inform customers of any change in schedule as soon as possible after variance has been granted. In such cases, Franchisee shall make the County its highest priority and additional effort will be rendered to make up for missed collections. As soon as practicable after such event, Franchisee shall advise the Contract Manager when it is anticipated that normal routes and schedules can be resumed. All of the vehicles normally used by Franchisee in the County shall be dedicated to the collection of Solid Waste in the County during the emergency and any subsequent recovery periods. 17.2. Franchisee Unable to Provide Contracted Services In the event that Franchisee is unable to provide adequate services during an emergency or other event involving an Uncontrollable Force, SWDD or the County may hire other contractors to provide those services. In such case, SWDD or the County, as applicable, reserves the right to charge Franchisee for all costs and expenses that SWDD or the County incur while providing the services that Franchisee is obligated to provide pursuant to the requirements of this Agreement, subject to set-off for the amounts that would have been paid to Franchisee for services. Page 25 211 17.3. Rapid Recovery from Disaster The clean-up from some natural disasters may require that Franchisee hire additional equipment, employ additional personnel, or work existing personnel on overtime hours to clean debris resulting from the natural disaster. Franchisee acknowledges that the County has entered into one or more stand-by contracts for debris removal in the event of a natural disaster. Therefore, there is no guarantee that Franchisee will be authorized to provide such clean-up services. Franchisee shall not receive any extra compensation (i.e., above the normal compensation provided in this Agreement) to recover the costs of rental equipment, additional personnel, overtime hours, or other expenses unless Franchisee has received written authorization and approval from the County Administrator or designee, prior to such work being performed, and promptly thereafter entered into a written Emergency Contract Memorandum of Understanding Supplemental to Franchise Agreement signed by the Indian River County Administrator and Franchisee. Any and all such costs shall be audited by the County or SWDD prior to payment. 17.4. Disaster Response Plan Franchisee shall develop and provide to the County a written disaster preparedness and response plan (Disaster Plan) thirty (30) Days prior to the Commencement Date, to include four (4) hard copies and one electronic copy. Thereafter, Franchisee shall provide an updated Disaster Plan by June 1 of each year. This Disaster Plan shall include provisions for additional personnel and equipment, and shall establish a reasonable, verifiable basis for any charges associated therewith. SWDD shall coordinate with Franchisee if a disaster should require temporary closure, or modification to the hours of operation of the Designated Facility. Franchisee shall be familiar with local, state, or federal agency documentation requirements, including but not limited to the generality of the foregoing, rules, regulations, and guidelines applicable to the Federal Emergency Management Agency's (FEMA's) Public Assistance Program for Debris Removal, as such requirements change from time to time. Franchisee shall maintain complete and accurate records of any and all such Disaster Work and provide all required and necessary documentation for submission of cost reimbursement requests. Franchisee shall be required to submit its FEMA documentation of costs to SWDD as a condition of payment for additional personnel and equipment pursuant to this section. ARTICLE 18. PERFORMANCE 18.1. Performance Bond Franchisee shall furnish a performance bond as security for the performance of this Agreement with SWDD within thirty (30) Days of the Effective Date. Said performance bond will be equal to fifty percent (50%) of the previous year's invoiced service fees, or fifty percent (50%) of the anticipated service fees for the first year of the Agreement. The premium for the performance bond described above shall be paid by Franchisee. The performance bond shall be written by a surety company licensed to do business in the State of Florida with an A.M. Best Financial rating of A-VI or higher for the most current calendar year available. The Surety or Sureties shall be a company or companies satisfactory to SWDD. 18.1.1. Said bond shall be forfeited should Franchisee: a) Fail to comply with the requirements of this Agreement; or b) Take the benefit of any present or future insolvency status or make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking an arrangement of reorganization or the readjustment of indebtedness under the Federal bankruptcy laws or under any law or statute of the United States or any state thereof, or consent to the appointment of a receiver, trustee, or liquidator of all or substantially all of Franchisee's property; or c) By an order or decree of a court to be adjudicated bankrupt; or d) Have an order or decree of a court entered approving a petition filed by any of Franchisee's creditors seeking a reorganization or readjustment of Franchisee's indebtedness under the Federal Bankruptcy laws or any law or statute of the United States or any state thereof, Page 26 212 provided, however, that if any such judgment or order is vacated within sixty (60) Days after the entry thereof, any notice of cancellation shall be and become null, void, and of no effect. 18.2. Administrative Charges 18.2.1. The Contract Manager shall notify Franchisee in writing by the tenth (10) Day of the month of the SWDD's intent to deduct any administrative charges, as set forth in Article 18.2.4, including the basis for each administrative charge, from payments due or to become due to Franchisee for service provided under this Agreement. 18.2.2. In the event Franchisee wishes to contest such monthly assessment, Franchisee must do so within ten (10) Days of issuance of each assessment notification by requesting, in writing, a meeting with the Contract Manager to resolve the issue. Following such a meeting, the Contract Manager shall notify Franchisee in writing of any action taken with respect to Franchisee's claims. Franchisee may further appeal, in writing, the decision of the Contract Manager to the County Administrator, who shall conduct a review of all of the facts and circumstances, and make a determination in writing. The County Administrator's decision shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not supported by competent evidence. 18.2.3. Franchise Fee payments received after the fifteenth (15) Day of the month shall bear interest at eighteen percent (18%) per year. Unless due to an Uncontrollable Force, Franchise Fee payments received more than thirty (30) Days after the due date shall be subject to an administrative fee of $500 for the first nonpayment; $1,500 for the second nonpayment; and $5,000 for the third nonpayment. Three late payments in any single calendar year that are not due to an Uncontrollable Force shall result in termination of this Agreement. 18.2.4. The Contract Manager may assess the following administrative charges pursuant to this Article on a monthly basis in connection with the Agreement: Performance Standard Violation Failure to deliver materials to a Designated Facility. (Article 10.1) Mixing materials within a single Toad. (Article 11.1) Failure to submit to SWDD all plans, reports, or other documents in the time required under the provision of this Agreement unless otherwise approved by the Contract Manager. Failure to comply with the hours and days of operation. (Article 6.5 and 8.4) Liquidated Damages 1st occurrence = $1,000 2nd occurrence = $5,000 3'd+ occurrences = $10,000 $5,000 per occurrence $50 per incident per Day after due date $100 per occurrence per Day Failure to complete each route on the regularly scheduled day except when such completion is made impossible by weather or other conditions, as determined by SWDD. $250 per route per Day Failure to resolve missed pickups or complaints within the specified time frame. (Articles 11.12 and 11.13) Failure to clean spillage, leakage, or blowing of material (oil, hydraulic fluid, Solid Waste, Recyclables, etc.) within twenty-four (24) hours. (Article 11.6) $100 per unresolved missed pickup or complaint per Day $50 per occurrence per Day per incident Failure to repair, replace, or deliver a container or Roll Cart within three (3) Days of notification. (Article 7.1. and 7.2) $50 per occurrence per Day Page 27 213 Failure to leave a non -collection notice for customer explaining why $50 per occurrence material was not collected. (Article 6.4) ARTICLE 19. TERMINATION 19.1. Failure to Maintain Performance Bond and Insurance. SWDD reserves the right to terminate this Agreement if Franchisee fails to obtain and maintain the Performance Bond as set forth in Article 18 and the insurance set forth in Article 20. 19.2. Scrutinized Companies Franchisee is advised that section 287.135, Florida Statutes, prohibits agencies from contracting with companies for goods or services of One Million Dollars ($1,000,000.00) or more that are on either the Scrutinized Companies with Activities in the Sudan List and/or the Scrutinized Companies with Activities in the Iran Petroleum Energy List. Both lists are created pursuant to section 215.473, Florida Statutes. SWDD reserves the right to terminate this Agreement if SWDD discovers that Franchisee has submitted a false certification regarding the Scrutinized Companies with Activities in the Sudan List and/or the Scrutinized Companies with Activities in the Iran Petroleum Energy List, and/or if, during the term of the Agreement, Franchisee has been placed on the Scrutinized Companies with Activities in the Sudan List and/or the Scrutinized Companies with Activities in the Iran Petroleum Energy List. 19.3. Bankruptcy 19.3.1. SWDD reserves the right to terminate this Agreement if Franchisee takes the benefit of insolvency statute, or shall make a general assignment for the benefit of creditors, files a voluntary petition in bankruptcy, petitions or answers seeking an arrangement for its reorganization or readjustment of its indebtedness under the federal bankruptcy laws or under any other law or statute of the United States, or any state thereof, or consents to the appointment of a receiver, trustee, or liquidator of all or substantially all of its property. 19.3.2. SWDD reserves the right to terminate this Agreement if by order or decree of a court, Franchisee shall be adjudged bankrupt, or an order shall be made approving a petition filed by any of its creditors or by any of the Stockholders of Franchisee seeking its reorganization or the readjustment of its indebtedness under federal bankruptcy laws or under any law or statute of the United States or of any state thereof; provided that, if any such judgment or order is stayed or vacated within sixty (60) Days after the entry thereof, any notice of cancellation shall be and become null, void, and of no effect. 19.3.3. SWDD reserves the right to terminate this Agreement if by or pursuant to or under authority of any legislative act, resolution, or rule, or any order or decree of any court or governmental board, agency, or officer having jurisdiction, a receiver, trustee, or liquidator shall take possession or control of all or substantially all of the property of Franchisee, and such possession of control shall continue in effect for a period of sixty (60) Days. 19.4. Default SWDD may terminate this Agreement by written notice of default to Franchisee if Franchisee fails to perform or observe any of the terms and conditions of this Agreement for a period of thirty (30) days after receipt of notice of such default. ARTICLE 20. INSURANCE Franchisee shall not commence work until all the insurance required under this section has been obtained, and until such insurance has been approved by SWDD. Firm's insurance shall be primary. The County shall be named as an additional insured for both General Liability and Automobile Liability. The awarded firm shall maintain the following limits of insurance during the term duration of this agreement. Workers' Compensation as required by the State of Florida Page 28 214 • Each accident $100,000 • Each Disease — each employee $100,000 • Each Disease — policy limit $500,000 General Liability • Each Occurrence $1,000,000 • Fire Damage -any one fire $50,000 • Medical Expenses -any one person $5,000 • Personal and Advertising Injury $500,000 • General Aggregate $3,000,000 • Combined Single Limit $3,000,000 Automobile Liability — Combined Single Limit $1,000,000 Professional Liability Insurance • $1,000,000 per occurrence • $2,000,000 aggregate combined single limit The policy shall cover the firm, all employees, and/or volunteers, and all independent contractors, subcontractors and professional contractual persons hired or retained by contractor. All above insurance policies shall be placed with insurers with a Best's rating of no Tess than A -VH. The insurer chosen shall also be authorized to do business in Horida. The insurance policies procured shall be "Occurrence" policies or as generally available on the open insurance market. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River County Risk Management Department prior to the execution of this Agreement. The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 Days written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate. ARTICLE 21. OTHER TERMS AND CONDITIONS 21.1. Piggyback Clause Municipalities located within the Recycling Franchise Area may, at their discretion, also contract for Solid Waste Residential Collection Services and Commercial Collection Services from Franchisee under the same terms and conditions as this Agreement, with the exception that the rates may be negotiated based on the remaining period of the piggyback contract. Municipalities will issue their own purchase orders or contracts, issue payments, and coordinate the service locations with Franchisee, as applicable. 21.2. Indemnification Franchisee shall defend, indemnify and hold harmless SWDD and the County including its commissioners, officers, employees and agents, from any and all losses, damages, expenses (including reasonable attorney's fees) and other liabilities of any type whatsoever, arising out of or relating to any negligence, intentional tort, breach of contract, or breach of Applicable Law by Franchisee, or its employees, agents, subcontractors, or other persons or entities performing work under this Agreement. Page 29 215 21.3. Assignment 21.3.1. Assignment No assignment of this Agreement or any right occurring hereunder shall be made in whole or in part by Franchisee without the express written consent of SWDD; in the event of any assignment, assignee shall assume the liability of Franchisee. 21.3.2. Subcontracting Franchisee acknowledges that the Board encourages the subcontracting to small businesses portions of the services provided in this Agreement by Franchisee, providing that Franchisee remains fully liable for the performance of all obligations under this Agreement during the term of such subcontract. Franchisee shall require each subcontractor to procure and maintain until completion of the subcontractor's services, all of the insurance specified in Article 20 Insurance of this Agreement, unless the subcontractor's services are covered by the protection afforded by Franchisee's insurance. 21.4. Severability If any Article, sub article, sentence, clause or provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected. 21.5. Compliance with Laws and Regulations Franchisee agrees that they will comply with all Federal, State, and Applicable Law, including OSHA, EPA, and any other requirements that may apply, to the production, sale, and delivery of the goods or the furnishing of any labor or services called for by this Agreement, and any provisions required thereby to be included herein shall be deemed to be incorporated herein by reference. Noncompliance may be considered grounds for termination of this Agreement. 21.6. Sovereign Immunity SWDD reserves and does not waive any and all defenses provided to it by the laws of the State of Florida or other Applicable Law, and specifically reserves and does not waive the defense of sovereign immunity. 21.7. Right to Require Performance The failure of SWDD at any time to require performance by Franchisee of any provisions hereof, shall in no way affect the right of SWDD thereafter to enforce same. Nor shall waiver by SWDD of any breach of any provision hereof be taken or held to be a waiver of any succeeding breech of such provision or as a waiver of and provision itself. 21.8. Modification This Agreement constitutes the entire agreement and understanding between the parties hereto, and it shall not be considered modified, altered, changed, or amended in any respect unless in writing and signed by the parties hereto. 21.9. Reservation of Rights SWDD hereby expressly reserves the right to amend this Agreement, which may be necessary or proper to secure and protect the health, safety, moral, general welfare and accommodation of the public including, but not limited to, amendments related to rates, and to protect the public from danger and inconvenience in the management and operations of solid waste services business, and to provide such service as is contemplated by this Agreement. 21.10. Independent Franchisee It is understood and agreed that nothing herein contained is intended or should be construed as in any way establishing the relationship of co-partners or a joint venture between the parties hereto or as constituting Franchisee as an agent, representative or employee of SWDD for any purpose whatsoever. Franchisee is to be, and shall remain, an independent contractor with respect to all services performed under this Page 30 Agreement. Persons employed by Franchisee in the performance of services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to SWDD's officers and employees either by operation of law or by SWDD. 21.11. Governing Law, Venue The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in Indian River County, Florida or if in Federal Court then it is in the Southern District of Florida. 21.12. Public Access Franchisee shall comply with Florida's Public Records Law in accordance with the provisions of Chapter 119, Florida Statutes. Specifically, Franchisee shall keep and maintain public records that ordinarily and necessarily would be required by SWDD in order to perform the service. Franchisee shall provide the public with access to public records on the same terms and conditions that SWDD would provide the records at a cost that does not exceed the costs provided in Chapter 119 or as otherwise provided by law. Franchisee shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. Franchisee shall meet all requirements for retaining public records and transfer, at no cost, to SWDD or the County, all public records in possession of Franchisee upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to SWDD in a format that is compatible with the information technology systems of the County. 21.13. Waiver A waiver of any breach of any provision of this Agreement shall not constitute or operate as a waiver of any other breach of such provision or of any other provisions, nor shall any failure to enforce any provision hereof operate as a waiver of such provision or of any other provisions. 21.14. Survival of Obligation All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with this Agreement, as well as all continuing obligations shall survive final payment, completion and acceptance of the work and termination or completion of the Agreement. 21.15. Attorney's Fees In the event of any litigation which arises out of, pertains to, or relates to this Agreement, or the breach of it, including, but not limited to, the standard of performance required in it, the prevailing party shall be entitled to recover its reasonable attorneys' fees from the non -prevailing party, at both trial and appellate levels. 21.16. Headings Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. 21.17. Notice All notices required or contemplated by this Agreement shall be addressed and sent by certified U.S. mail, unless otherwise specified by the Contract Manager, to SWDD and Franchisee as follows: To SWDD: Managing Director Indian River County Solid Waste Disposal District 1325 74th Avenue SW Vero Beach, Florida 32968 Page 31 To Franchisee: Michael Lewis, Senior District Manager Waste Management Inc. of Florida 7382 Talona Drive West Melbourne, Florida 32904 Copy to: Waste Management Inc. of Florida Legal Department 2700 Wiles Road Pompano Beach, Florida 33073 Page 32 Indian River County Solid Waste Disposal District SaIld Waste and Recyclables Collection Franchise Agreement IN WITNESS WHEREOF, the parties have executed by their respective duly authorized officers as of the day and year first written above. Attest: By Owner: Jeffrey R. Smith, Clerk of Court and Solid Waste Disposal District Comptroller Indian River County, Florida By: Deputy Clerk Date Approved by SWDD: Approved By: l4biiP4A'404.._.J/. oseph A acrd, County Administrator Approved u to Form and Legal Sufficiency By: Dylan Reingotd, County Attorney Signed, sealed, and delivered in she presence of: By Franchisee: Wiate Management, Inc. of Florida Print Name: Print Naomi:- `j. r e Miro% th ap? PrlraMisfies RcrefiAix it -401.40 Print Title: Page 33 EXHIBIT 1— COLLECTION SERVICE RATES RESIDENTIAL COLLECTION SERVICE SUBSCRIPTION SERVICE Monthly Collection Fee/Unit Solid Waste: 1x/week in Franchisee -provided Roll Carts; Bulk Trash on call $6.80 Yard Trash: 1x/week $2.88 Total Subscription Service $9.68 RESIDENTIAL COLLECTION SERVICE UNIVERSAL SERVICE IN URBAN SERVICE AREA (applicable only if SWDD initiates universal collection) Monthly Collection Fee/Unit Solid Waste - Universal in USA: 1x/week in Franchisee -provided Roll Carts; Bulk Trash on call $4.85 Yard Trash - Universal in USA: 1x/week $2.88 Total Universal Service in USA $7.73 COMMERCIAL COLLECTION SERVICE Commercial Dumpster Service - includes container and maintenance Fee/Cubic Yard $4.73 Commercial Cart Service - in Franchisee -provided Roll Cart Fee/Pickup $9.46 Container and Maintenance Fee/Month Fee/Pull Open Top Roll -Off - 15 cubic yards $100.00 $155.00 Open Top Roll -Off - 20 cubic yards $100.00 $170.00 Open Top Roll -Off - 30 cubic yards $100.00 $205.00 Open Top Roll -Off - 40 cubic yards $100.00 $235.00 Compactor - 20 cubic yards $100.00 $245.00 Compactor - 30 cubic yards $100.00 $245.00 Compactor - 40 cubic yards $100.00 $245.00 RESIDENTIAL RECYCLABLES COLLECTION SERVICE Monthly Collection Fee/Unit Residential Units - Single Stream; 1x/week in Franchisee -provided Roll Carts $2.55 Multi -Family Units - Single Stream; 1x/week in Franchisee -provided Roll Carts/dumpsters $2.04 Page 34 EXHIBIT 2 — FRANCHISE AREAS W L 0 4'- .4.•.•01 a1fi-i,,1 s 15( ti 41, Page 35 ... •, �C.4 914 �d.0 .J+irr wn�in.r.a a.�awr r r_Ij� County Landfill Page 36 EXHIBIT 3 — PROGRAM RECYCLABLES Following are Program Recyclables to be collected by Franchisee: • All paper not contaminated by food, including newspaper, magazines, phone books, junk mail, office paper, cardboard, paper bags, paperboard, chipboard, file folders, envelopes, paperback books, mixed paper, etc. • Shredded paper placed in clear plastic bag. • Aluminum food and beverage containers. • Aluminum foil, pie plates, and trays. • Glass food and beverage containers. • Ferrous cans, including aerosol cans not containing corrosive, toxic, ignitable, or reactive ingredients, including products such as paints, cleaners, oils, batteries and pesticides that contain potentially hazardous ingredients. • Aseptic cartons, including juice boxes, gable top milk and juice containers, soy milk and soup cartons. • All plastic containers except plastic film. • Bulky rigid plastics. • Scrap metal. Page 37 EXHIBIT 4 — CALCULATION OF RATE ADJUSTMENT Ninety percent (90%) of the rate adjustment shall be based on seventy five percent (75%) of the change in the Consumer Price Index (CPI) between the month of April in the prior year (CPI1) and the month of April in the current year (CPI2). The CPI shall be the South Urban Region, All Items - All Urban Wage Earners and Clerical Workers, published by the United States Department of Labor, Department of Labor Statistics (Series ID = CWUR0300SA0). Ten percent (10%) of the rate adjustment shall be based on the percentage change in the average monthly fuel price from May through April in the prior year (FI1) and the average monthly fuel price from May through April of the most recent year (FI2). If Franchisee utilizes primarily CNG vehicles, fuel prices shall be based on the Henry Hub Gulf Coast Natural Gas Spot Price (dollars/million BTUs) published by the United States Energy Information Administration. If Franchisee utilizes primarily diesel vehicles, fuel prices shall be based on the Lower Atlantic (PADD1C) No. 2 Diesel Ultra Low Sulfur Diesel (0-15 ppm) Retail Prices (dollars per gallon) published by the United States Energy Information Administration. If any of the designated indices are discontinued or substantially altered, SWDD may select another relevant price index published by the United States Government or by a reputable publisher of financial and economic indices. The total rate adjustment is rounded to the nearest hundredth of a percent and in any given year shall not exceed three and a half percent (3.5%) of the previous rate. EXCEL FORMULA FOR CALCULATING RATE ADJUSTMENT Rate Adjustment (%) = ROUND (((((CPI2 - CPI1) / CPI1) * 0.75 * 0.90) + (((FI2 - FI1) / FI1) * 0.10) * 100), 2) Where: "CPI1" = published CPI average for the month of April of the prior year "CPI2" = published CPI average for the month of April of the current year "FI1" = average published monthly fuel price from May through April of the year prior to FI2 "F12" = average published monthly fuel price from May through April of the most recent year SAMPLE CALCULATION OF RATE ADJUSTMENT Assumptions: Current Rate = $8.00 CP11= 225.838 CPI2 = 230.195 FI1 = 3.9185 FI2 = 3.8747 Rate Adjustment: =ROUND (((((230.195-225.838)/225.838) * 0.75 * 0.90) + (((3.8747-3.9185/3.9185 * 0.10)) * 100), 2) = 1.19% Rate Adjustment of 1.19% is less than 3.5%, the maximum allowed. New Rate = ROUND ($8.00 * (1 + 0.0119), 2) = $8.10 Page 38 224 EXHIBIT 5 —TECHNICAL SPECIFICATIONS FOR ROLL CARTS Following are minimum requirements for the Roll Carts as required within the scope of this Agreement. Construction and Design • • • • Must meet ANSI Standards Z245.30 and AZ245.60 "Type B/G" containers, all rules, regulation, and laws pertaining to this product. Roll Carts must be produced by a major manufacturer. Roll Carts must be universal and compatible with and capable of withstanding all U.S. industry -standard semi -automated and fully -automated collection systems. The upper lift point shall be permanently molded into the Roll Cart and the lower must be a 1" diameter galvanized free floating metal bar or composite equivalent, securely attached to prevent failure or loss. Molded bars are unacceptable. • Roll Carts must be designed to prevent the Roll Cart from falling into the truck hopper when lifted and turned upside down using a semi -automated collection system. • Interior and exterior of Roll Cart body must be smooth and uniform in appearance, and must be free of pockets, recesses, or significant intrusions that could trap debris. • The Roll Cart must be manufactured with a narrow width design to fit through a 30" door opening. • The Roll Cart must be manufactured with a foot operated tilt feature designed into the axle area to facilitate easy tipping. Size (Capacity) • Three different sized Roll Carts are required: o Large = 94-96 gallon o Medium = 64-66 gallon o Small = 32-35 gallon Materials • Must be rotationally or injection molded using medium to high density 100% recyclable polyethylene. • Minimum resin weight of unassembled Roll Cart, including cart body and lid, must be: o 30 pounds or greater for large Roll Cart o 22 pounds or greater for medium Roll Cart o 15 pounds or greater for small Roll Cart • Resin used in the manufacturing process must contain a minimum of 25% post- consumer recycled material. • All plastic parts must be stabilized against ultraviolet light deterioration with an UV stabilizer additive with no less than two fifths of one percent (.4%) by weight. Body • The body of the Roll Cart must be one piece. • The Roll Cart wall and bottom thickness must be a minimum of .150 inches for injected molded carts. For carts manufactured through a rotational molding process, wall thickness must have a minimum nominal wall thickness of .172" throughout the cart. • The body of the Roll Cart must be designed with a drag rail on the container bottom and reinforced in the area that contacts the ground with a molded -in bottom wear strip. • The top of the body must be molded with a reinforced rim to add structural strength and stability to the container and to provide a flat surface for lid closure. This reinforced rim must have a raised inner perimeter. The rim of the Roll Cart must not be designed to have an inward radius to obstruct free flow emptying the material out of the container. lid • Lids must be of a configuration that they will not warp, bend, slump, or distort to such an extent that it no longer fits the body property or becomes otherwise unserviceable. Page 39 225 Page 40 226 • • • Lids must be watertight, prohibit vectors from entering, and odor emission from exiting. The lid must be one-piece construction and securely attached to the rear of the wheeled section of the Roll Cart using a rustproof, weather -resistant fastener system. The lid must be hinged to open by gravity to a position of 270 degrees from the closed position and hang open without stressing the lid, body, or tipping over the Roll Cart. • Lids must be designed to be easily removed in the event of damage or failure. Lid latches are unacceptable. Handle • Each Roll Cart must have a horizontal handle(s) to provide comfortable gripping areas for pushing or pulling the roll cart. • The handle shall be integrally molded into the body or lid, and only plastic surfaces shall be exposed to the hands of the user. Wheels/Axle • Roll Carts must be equipped with two (2) plastic molded or rubber wheels making the cart capable of being easily moved and maneuvered. • Wheels shall be snap -on or attached in a way that prevents unintended detachment. • Wheels must be a minimum of 10 inches in diameter for large and medium Roll Carts and a minimum of 8 inches in diameter for small Roll Carts. • Each Roll Cart shall be furnished with a minimum 5/8 inch diameter axle with a corrosion -resistant coating that must be securely attached to the body by molded axle retainers. • The wheels and axle must be rated to meet and exceed load requirements of 3.5 pounds per gallon. Stability • Roll Carts must be stable and self -balancing when in the upright position, whether loaded or empty, and maintain stability when returned to the ground at the end of the dumping cycle. • Roll Carts must be able to remain stable and upright in winds up to 30 miles per hour when empty. Color • Color must not be streaked in the finished product and must be colorfast so that the color does not alter significantly with normal use. Painted Roll Carts are unacceptable. • The Solid Waste Roll Cart shall be grey with a grey lid and black wheels. • The Recycling Roll Cart shall be blue with a blue lid and black wheels. • The final color section must be approved by the County/SWDD prior to manufacturing. Markings • Sequential serial numbers must be molded, branded, or hot stamped into the front of the body with white color. • An eight to ten (8-10) alpha/numeric serial number shall be used as determined by SWDD. • A Indian River County logo and Recycling logo must be clearly molded, inscribed, or hot -stamped into both sides of the body with the following working in 1 inch lettering on the lid: o Property of the Indian River County. o Instructions for which side of the Roll Cart must face the street for collection. o Recycling Roll Cart lids must include program instructions as determined by SWDD. o Any other ANSI and regulatory labeling required. • SWDD must approve all markings prior to the manufacturing of the Roll Carts. Page 40 226 RFID Tags • • • • • • • • • Each Roll Cart must have a unique integrated RFID tag installed into the Roll Cart. RFID tags must be passive UHF with an optimal operating frequency of 860-960 MHz. RFID tags must have an optimal operating temperature of -40°F to +149°F. The dry inlay must meet ISO/IEC 18000-6C and EPD Global Gen 2 standards. RFID tag values must be written and locked at the time of Roll Cart projection. All RFID tags must be attached so that the tags have no exposure to outside elements, are not visible to the customer, and are tamper-resistant. RFID tags placed inside of the body of the Roll Cart are unacceptable. Adhesive or sticker RFID tags are unacceptable. Each RFID tag must be tested at the manufacturing facility to ensure that it is working properly. Warranty • Roll Carts must be fully (100%) warranted against defects in materials and workmanship for a minimum period of ten (10) years from the date of delivery and be transferrable to SWDD at the expiration of this Agreement. • The warranty must be unconditional and non-prorated providing SWDD with assurance of full Roll Cart replacement. The warranty must survive the termination of any contract for the manufacture and/or assembly and distribution of the Roll Carts. • Warranty is understood to include the following coverage: o Failure of the lid to prevent rainwater from entering the Roll Cart when the lid is closed on the body. o Damage to the body, the lid, or any component parts through opening or closing the lid. o Failure of the lid hinge to remain fully functional and continually hold lid in the originally-designed and intended positions when either opened or closed. o Failure of the body and lid to maintain its original shape. o Wear through of Roll Cart bottom so that it Teaks liquid. o Failure of the wheels to provide continuous, easy mobility, as originally designed. o Failure of any part to conform to minimum standards as specified. Asset Management • A manufacturing database must be maintained that includes each Roll Cart's RFID tag identification, serial number, date of manufacture, location of manufacturer, Roll Cart type, color, and size. • The manufacturing data must be associated with the address to which each roll cart is assigned. • The asset management database shall be maintained throughout the term of this Agreement and shall be accessible to SWDD upon request. • At the termination of this Agreement the asset management database shall be transmitted to SWDD in an acceptable format. Page 41 227 EXHIBIT 6 — TECHNICAL SPECIFICATIONS FOR RFID TAGS FOR COMMERCIAL APPLICATION Following are minimum requirements for the RFID tags required to be placed on all commercial collection containers used for Commercial Collection Service within the scope of this Agreement. Technical Specs • • • RFID tags must be passive Ultra High Frequency (UHF) with an optimal operating frequency of 860 — 960 MHz Read range: 6 foot minimum Protocol: EPC Class 1 Gen 2 Environmental Specs • RFID tags must have an optimal operating temperature of -40°F to +149°F • Waterproof • Chemical resistant appropriate for Solid Waste collection application • Mechanical resistant appropriate for Solid Waste collection application Mounting Specs • Encapsulated tag designed for mounting • Mounting surfaces: Metal, plastic, etc. Memory Requirement • EPC 96 bits; User 512 bits; TID 64 bits. EPC and User memory reprogrammable, TID is locked at point of manufacturer Page 42 228 Franchise Agreement for Solid Waste & Recyclables Collection Services (Starting in October 1, 2015) Vincent Burke, Utilities Director April 21, 2015 Outline • Decision Timeline • New Changes • Single Stream Recycling (Residential and Business) • Carted Once -A -Week Solid Waste Service • Key Items 2 4-ZI-2o15 (5.B,(. 228.1 Decision Timeline Board Approval To Issue RFP 12/16/14 3/18/15 Recommend for Award Contract Start 10/1/15 RFP Release 1/6/15 T Proposals Received Contract Award 2/20/15 4/21/15 3 New Service - Starts October 1, 2015 • Exclusive Residential & Commercial Franchise Areas (One Service Area - Waste Management) • Recycling: Single Stream (carts) • Garbage: > Carted > Once -a -week > Subscription • C&D service remains the same 4 Pricing • Subscription Solid Waste - $9.68 per month • Universal Residential Recycling - $2.55 per month (Paid via Annual Assessment) • Commercial - $4.73 per cubic yard 5 Term & Rate Adjustments • 7 Years with One 3 -year Renewal Option • Subscription Rate Adjustments • 75% Consumer Price Index (CPI) Increase • Universal Rate Adjustments (Optional) • 75% CPI Increase thru September 30, 2018 • 100% CPI Increase from October 1, 2018 6 22.e. 3 Recycling Franchise Area 2015 Recycle Franchise Area Indian River County, Florida 7 Solid Waste Franchise Area 2013 Solid tFatitC Franchise Arca (includes Fa llsnere) Indian River County, Florida • 8 4 Carts • Waste Management • 64 -gallon for recycling — Option for 35/96 -gallon upon request • 96 -gallon for solid waste — Option for 35/64 -gallon upon request • With Radio Frequency Identification (RFID) 9 KEY POINTS • Waste Management's Program to Increase Subscription Customers • Introductory Rate Promotion Program • 10% discount off first quarterly invoice (Oct - Dec 2015) for single family residences • Homeowners' Association Discount Program • 10% discount to HOAs that elect to receive one invoice for entire community • Community Outreach & Comprehensive information on carts • County Park Recycling - Provide & Service 75 recycling containers • Bulk Waste Pick -Up 10 KEY POINTS • Holiday Make -Up Collection • Compressed Natural Gas by 2017 • Frequently Asked Questions - Website • Transition Plan within 30 days • Education Coordinator by June 1st 11 STAFF RECOMMENDATION • Approve the Franchise Agreement for Solid Waste and Recyclables Collection to Waste Management, Inc. of Florida 12 6