HomeMy WebLinkAbout1995-07ORDINANCE NO. 95-07
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA PROVIDING FOR A
DECLARATION OF COUNTY POLICY TO PROHIBIT DISCRIMINATION IN HOUSING
ON THE BASIS OF RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, RELIGION,
SEX, MARITAL STATUS, FAMILIAL STATUS, HANDICAP, OR AGE; PROVIDING
DEFINITIONS, DESIGNATING AS UNLAWFUL CERTAIN DISCRIMINATORY HOUSING
PRACTICES IN THE SALE OR RENTAL OF HOUSING AS WELL AS IN
ADVERTISING IN CONNECTION THEREWITH, IN THE FINANCING OF HOUSING,
AND IN BROKERAGE SERVICES RELATED TO HOUSING; PROVIDING FOR CERTAIN
EXEMPTIONS AND EXCEPTIONS; PROVIDING FOR AN ADMINISTRATOR TO BE
DESIGNATED BY THE COUNTY COMMISSION AND PRESCRIBING THE GENERAL
POWERS AND DUTIES OF SUCH ADMINISTRATOR; PRESCRIBING ACTION UPON A
DETERMINATION OF PROBABLE CAUSE, AND AUTHORIZING THE PROMULGATION
OF FORMS AND REGULATIONS; MAKING PROVISION FOR THE FILING OF
COMPLAINTS AND RESPONSES THERETO, AND THE PROCESSING THEREOF BY THE
ADMINISTRATOR; PROVIDING FOR ADDITIONAL REMEDIES; INFORMATION;
PROHIBITING UNTRUTHFUL COMPLAINTS OR FALSE TESTIMONY; AND PROVIDING
FOR PENALTIES FOR VIOLATION OF SUCH ORDINANCE.
SECTION 1. DECLARATION OF POLICY.
It is the policy of Indian River County, in keeping with the
laws of the United States of America, to promote through fair,
orderly and lawful procedure the opportunity for each person so
desiring to obtain housing of such person's choice in this County,
without regard to race, color, ancestry, national origin, religion,
sex, marital status, familial status, handicap, or age, and, to
that end, to prohibit discrimination in housing by any person.
SECTION 2. DEFINITIONS.
The terms as used herein shall be defined as follows:
a. Administrator - That person appointed by the County Commission
pursuant to Section 6 hereof,
b. Age - Unless the context clearly indicates otherwise, the word
age as used herein shall refer exclusively to persons who are
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18 years of age or older,
c. Discriminatory housing. practice:l.- An act that is unlawful
under Section 4 hereof;
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d. Family - One or more persons living together as a single
housekeeping unit in a dwelling;
e. Handicap - A person who has a physical or mental impairment
which substantially limits one or more major life activities,
or who has a record of having, or is regarded as having, such
physical or mental handicap, or a person who has a
developmental disability as defined in F.S. 393.063;
f. Familial Status - Is established when an individual who has
not obtained the age of 18 years is domiciled with: (1) a
parent or other person having legal custody of such
individual, or (2) a designee of a parent or other person
having legal custody, with the written permission of such
parent or other persons
g. Housing or housing accommodation - Any building, structure, or
portion thereof, mobile home or trailer, or other facility
which is occupied as, or designed or intended for occupancy
as, a residence by one or more families, and any vacant land
which is offered for sale or lease for the construction or
location thereon of any such building, structure, or portion
thereof, mobile home or trailer or other facility;
h. Lending Institution - Any bank, insurance company, savings and
loan association or any other person or organization regularly
engaged in the business of lending money, guaranteeing loans,
or sources of credit information, including but not limited to
credit bureaus;
i. Owner - Any person, including but not limited to a lessee,
sublessee, assignee, manager, or agent, and also including the
County and its departments or other sub -units, having the
right of ownership or possession or the authority to sell or
lease any housing accommodation;
j. Person - One or more individuals, corporations, partnerships,
associations, labor organizations, legal representatives,
mortgage companies, joint stock companies, trusts,
unincorporated organizations, or public corporations,
including but not limited to the County or any department or
sub -unit thereof;
k. Real Estate Agent - Any real estate broker, any real estate
salesman, or any other person, employee, agent, or otherwise,
engaged in the management or operation of any real property;
1. Real Estate Broker or Salesman - A person, whether licensed or
not, who for or with the expectation of receiving a
consideration, lists, sells, purchases, exchanges, rents, or
leases real property, or who negotiates or attempts to
negotiate any of these activities, or who holds himself or
herself out as engaged in these activities, or who negotiates
or attempts to negotiate a loan secured or to be secured by
mortgage or other encumbrance upon real property, or who is
engaged in the business of listing real property in a
publication; or a person employed by or acting on behalf of
any of these;
m. Real Estate Transaction - Includes the sale, purchase,
exchange, rental or lease of real property, and any contract
pertaining thereto;
n. Rent - Includes lease, sublease, assignment and/or rental,
including any contract to do any of the foregoing, or
otherwise granting for a consideration the right to occupy
premises that are not owned by the occupant,
F
p. Sale - Includes any contract to sell, exchange, or to convey,
transfer or assign legal or equitable title to, or a
beneficial interest in real property.
SECTION 3. UNLAWFUL HOUSING PRACTICES.
(1) Unlawful housing practices - Sale or Rental and
Advertising in connection therewith.
Except as provided in Section 4 hereof, it shall be unlawful
and a discriminatory housing practice for an owner, or any other
person engaging in a real estate transaction, or for a real estate
broker, as defined in this ordinance, because of race, color,
ancestry, national origin, religion, sex, marital status, familial
status, handicap, or age:
a. To refuse to engage in a real estate transaction with a person
or otherwise make unavailable or rent housing to any person,
b. To discriminate against a person in the terms, conditions or
privileges of a real estate transaction or in the furnishing
of facilities or services in connection therewith, or because
of such person's exercise of his or her right to free
association,
c. To refuse to receive or to fail to transmit a bona fide offer
to engage in a real estate transaction from a person,
d. To refuse to negotiate for a real estate transaction with a
person;
e. To represent to a person that housing is not available for
inspection, sale, rental, or lease when in fact it is so
available, or to fail to bring a property listing to such
is
filed
o. Respondent - Any person against whom
a complaint
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p. Sale - Includes any contract to sell, exchange, or to convey,
transfer or assign legal or equitable title to, or a
beneficial interest in real property.
SECTION 3. UNLAWFUL HOUSING PRACTICES.
(1) Unlawful housing practices - Sale or Rental and
Advertising in connection therewith.
Except as provided in Section 4 hereof, it shall be unlawful
and a discriminatory housing practice for an owner, or any other
person engaging in a real estate transaction, or for a real estate
broker, as defined in this ordinance, because of race, color,
ancestry, national origin, religion, sex, marital status, familial
status, handicap, or age:
a. To refuse to engage in a real estate transaction with a person
or otherwise make unavailable or rent housing to any person,
b. To discriminate against a person in the terms, conditions or
privileges of a real estate transaction or in the furnishing
of facilities or services in connection therewith, or because
of such person's exercise of his or her right to free
association,
c. To refuse to receive or to fail to transmit a bona fide offer
to engage in a real estate transaction from a person,
d. To refuse to negotiate for a real estate transaction with a
person;
e. To represent to a person that housing is not available for
inspection, sale, rental, or lease when in fact it is so
available, or to fail to bring a property listing to such
person's attention, or to refuse to permit him or her to
inspect the housing;
f. To steer any person away from or to any housing;
g. To make, print, publish, circulate, post, mail, or cause to be
made, printed, published or circulated, any notice, statement,
advertisement or sign, or to use a form of application or
photograph for a real estate transaction or, except in
connection with a written affirmative action plan, to make a
record or oral written inquiry in connection with a
prospective real estate transaction, which indicates directly
or indirectly an intent to make a limitation, specification,
or discrimination with respect thereto;
h. To offer, solicit, accept, use or retain a listing of housing
with the understanding that a person may be discriminated
against in a real estate transaction or in the furnishing of
facilities or services in connection therewith,
i. To induce or attempt to induce any person to transfer an
interest in any housing by representation regarding the
existing or potential proximity of housing owned, used or
occupied by any person protected by the terms of this
ordinance;
j. To make any misrepresentations concerning the listing for sale
or rental, or the anticipated listing for sale or rental or
the sale or rental of any housing in any area in the County
for the purpose of inducing or attempting to induce any such
listing or any of the above transactions;
k. To retaliate or discriminate in any manner against any person
because of his or her opposing a practice declared unlawful by
this ordinance, or because he or she has filed a complaint,
testified, assisted or participated in any manner in any
investigation, proceeding or conference under this ordinance;
1. To aid, abet, incite, compel, or coerce any person to engage
in any of the practices prohibited by the provisions of this
ordinance,, or to obstruct or prevent any person from complying
with the provisions of this ordinance, or any conciliation
agreement entered into thereunder;
m. To compel any unlawful practices prohibited by the provisions
of this ordinance;
n. Otherwise to deny to, or withhold, any housing accommodations
from a person;
o. To promote, induce, influence or attempt to promote, induce or
influence by the use of postal cards, letters, circulars,
telephone, visitation or any other means, directly or
indirectly, a property owner, occupant, or tenant to list for
sale, sell, remove from, lease, assign, or otherwise dispose
of any housing by referring as a part of a process or pattern
of inciting neighborhood unrest, community tension, or fear of
racial, color, religious, nationality or ethnic change in any
street, block, neighborhood, or any other area, to the race,
color, ancestry, national' origin, religion, sex, marital
status, familial status, handicap or age, of actual or
anticipated neighbors, tenants or other prospective buyers of
any housing;
p. To cause to be made any untrue or intentionally misleading
statement or advertisement, or in any other manner, attempt as
part of a process or pattern of inciting neighborhood unrest,
community tension or fear of racial, color, ancestry, national
origin, religious, sex, marital status, familial status,
handicap, or age, or ethnic change in any street, block,
neighborhood, or any other area, to obtain a listing of any
housing for sale, rental, assignment, transfer or other
disposition where such statement, advertisement or other
representation is false or materially misleading, or where
there is sufficient basis to judge its truth or falsity to
warrant making the statement, or to make any other material
misrepresentations in order to obtain such listing, sale,
removal from, lease, assignment, transfer or other disposition
of said housing;
q. To place a sign or display any other device either purporting
to offer for sale, lease, assignment, transfer or other
disposition or tending to lead to the belief that a bona fide
offer is being made to sell, lease, assign, transfer or
otherwise dispose of any housing that is not in fact available
or offered for sale, lease, assignment, transfer or other
disposition.
(2) Unlawful housing practices - Financing
It shall be unlawful and a discriminatory housing practice for
any lending institution, as defined herein, to deny a loan or other
financial assistance to a person applying therefore for the purpose
of purchasing, constructing, improving, repairing or maintaining
housing, or to discriminate against such person in the fixing of
the amount, interest rate, duration, or other terms or conditions
of such loan or other financial assistance, because of the race,
color, ancestry, national origin, religion, sex, marital status,
familial status, handicap, or age of such person or of any person
associated with such person in connection with such loan or other
financial assistance or for purposes of such loan or other
assistance, or of the present or prospective owners, lessees,
tenants or occupants of the housing in relation to which such loan
or other financial assistance is to be made or given, provided,
that nothing contained in the subsection shall impair the scope or
effectiveness of the exceptions contained in Section 4 of this
ordinance.
(3) Unlawful housing practices - Brokerage Services
It shall be unlawful and a discriminatory housing practice to
deny any person access to or membership or participation in any
multiple listing service, organization, or facility related to the
business of selling or renting housing, or to discriminate against
such person in the terms or conditions of such access, membership
or participation because of race, color, ancestry, national origin,
religion, sex, marital status, familial status, handicap, or age.
(4) Nothing in Section 4 hereof shall be construed to require
any person renting or selling a dwelling to modify, alter, or
adjust the dwelling in order to provide physical accessibility
except as otherwise required by law.
SECTION 4. EXEMPTIONS AND EXCEPTIONS.
(1) Nothing contained in Section 3 hereof shall prohibit a
religious organization, association, or society, or any nonprofit
charitable or educational institution or organization operated,
supervised or controlled by, or in conjunction with, a religious
organization, association, or society, from limiting or from
advertising the sale, rental or occupancy of housing which it owns
or operates for other than a commercial purpose to persons of the
same religion, or from giving preference to such persons. Nor
shall anything in this ordinance prohibit a private club not in
fact open to the public, which as an incident to its primary
purpose or purposes provides lodging which it owns or operates for
other than a commercial purpose, from limiting the rental or
occupancy of such lodging to its members or from giving preference
to its members.
(2) Nothing in Section 3 hereof, other than subsection (g) of
subsection (1) thereof, shall apply to:
a. Any single-family house sold or rented by an owner, provided
that such private individual owner does not own more than
three such single-family houses at any one time; provided
further that in the case of the sale of any such single-family
house by a private individual owner not residing in such house
at the time of such sale or who was not the most recent
resident of such house prior to such sale, the exemption
granted by this subsection shall apply only with respect to
such sale within any twenty-four month period; provided
further that such bona fide private individual owner does not
own any interest in, nor is there owned or reserved on such
owner's behalf, under any express or voluntary agreement,
title to or any rights to all or a portion of the proceeds
from the sale or rental of, more than three such single-family
houses at any one time, provided further that the owner sells
or rents such housing: (1) without the use in any manner of
the sales or rental facilities or the sales or rental services
of any real estate broker, agent, or salesperson, or of such
facilities or services of any person in the business of
selling or renting housing, or of any employee or agency of
any such broker, agent, salesperson, or person, and (2)
without the publication, posting or mailing, after notice, of
any advertisement or written notice in violation of
subsubsection (g) of subsection (1) of Section 3 hereof, but
nothing in this provision shall prohibit the use of attorneys,
escrow agents, abstractors, title companies, and other such
professional assistance as necessary to perfect or transfer
the title, or
be rooms or units containing living quarters occupied or intended
to be occupied by no more than four families living
independently of each other, if the owner actually maintains
and occupies one of such living quarters as such owner's
residence, provided that the owner sells or rents such rooms
or units: (1) without the use in any manner of the sales or
rental facilities or the sales or rental services of any real
estate broker, agent or salesperson, or of such facilities or
services of any person in business of selling or renting
housing, or of any employee or agency of any such broker,
agent salesperson, or person, and (2) without the publication,
posting or mailing, after notice, of any advertisement or
written notice in violation of subsubsection (g) of subsection
(1) of Section 3 hereof, but nothing in this proviso shall
prohibit the use of attorneys, escrow agents, abstractors,
title companies, and other such professional assistance as
necessary to perfect or transfer the title. For the purpose
of this subsection (2), a person shall be deemed to be in the
business of selling or renting housing if: (1) he has, within
the preceding twelve months, participated as principal, other
than in the sale of his own personal residence, in providing
sales or rental facilities or sales or rental services in
three or more transactions involving the sale or rental of any
housing or any interest therein, or (2) he has, within the
preceding twelve months, participated as agent, other than in
the sale of his own personal residence, in providing sales or
rental facilities or sales or rental services in two or more
transactions involving the sale or rental of any housing or
any interest therein, or (3) he is the owner of any housing
designed or intended for occupancy by, or occupied by, five or
more families.
(3) Nothing in Section 3 hereof shall be construed to:
a. bar any person from restricting sales, rentals, leases or
occupancy, or from giving preference, to persons of a given
age for bona fide housing intended solely for minors;
be make it an unlawful act to require that a person have legal
capacity to enter into a contract or least;
c. bar any person from advertising or from refusing to sell or
rent any housing which is planned exclusively for, and
occupied exclusively by, individuals of one sex, to any
individual of the opposite sex;
d. bar any person from selling, renting, or advertising any
housing which is planned exclusively for, and occupied
exclusively by, unmarried individuals to unmarried individuals
only;
e. bar any person from advertising or from refusing to sell or
rent any housing which is planned exclusively for married
couples without children or from segregating families with
children to special units of housing,
fe bar any person from refusing to sell or rent any housing to
unmarried individuals cohabiting contrary to law;
g. bar any person from refusing a loan or other financial
assistance to any person whose life expectancy, according to
generally accepted mortality tables, is less than the term for
which the loan is requested.
h. Bar any person from restricting sales, rentals, leases or
occupancy to persons over age 55, to the extent allowed by
state or federal law.
SECTION 5. ADMINISTRATOR - AUTHORITY AND RESPONSIBILITIES:
(1) County Commission to Appoint.
The authority and responsibility for administering this
ordinance shall be vested in the County Commission who shall
appoint the Deputy County Attorney as the administrator.
(2) General Powers and Duties.
The administrator shall:
a. Receive written complaints as hereinafter provided in Section
6 relative to alleged unlawful acts under this ordinance when
a complainant seeks the administrator's good offices to
conciliate;
m
b. Upon receiving a written complaint, make such investigations
as the administrator deems appropriate to ascertain facts and
issues;
c. Utilize methods of persuasion, conciliation, and mediation or
information for adjustment of grievances;
d. Establish, administer or review programs at the request of the
County Commission and make reports on such programs to the
County Commission;
e. Bring to the attention of the County Commission items that may
require the County Commission's notice or action to resolve,
f. Render to the County Commission annual written reports of his
activities under the provisions of this ordinance along with
such comments and recommendations as he may choose to make,
g. Cooperate with and render technical assistance to federal,
state, local, and other public and private agencies,
organizations, and institutions which are formulating or
carrying on programs to prevent or eliminate the unlawful
discriminatory practices covered by the provisions of this
ordinance.
(3) Determination of Probable Cause.
Whenever the administrator determines that there is probable
cause to believe that there has been a violation of the provisions
of this ordinance, but only after having fully processed the
complaint in which such violation is alleged in the manner
hereinafter provided, he shall refer the matter, along with the
facts he has gathered in his investigations, to the proper County,
State or Federal authorities for appropriate legal action.
(4) Promulgation of Forms and Regulations.
The administrator shall promulgate, publish and distribute the
necessary forms, rules, and regulations to implement the provisions
of this ordinance.
SECTION 6. COMPLAINTS
(1) A person who claims that another person has committed a
discriminatory housing practice against him may report that offense
to the administrator by filing an informal complaint within sixty
(60) days of the date of the alleged discriminatory housing
practice and not later.
(2) The administrator shall treat a complaint referred by the
Secretary of Housing and Urban Development or the Attorney General
of the United States under the Fair Housing Act of 1968, Public Law
90-284, as an informal complaint filed under subsection (1).
(3) An informal complaint must be in writing, verified or
affirmed, on a form to be supplied by the administrator and shall
contain the following:
a. identity and address of the offending party;
be date of the offense and date of filing the informal complaint,
ce general statements of facts of the offense including the basis
of the discrimination (race, color, ancestry, national origin,
religion, sex, marital status, familial status, handicap, or
age);
(4) Each complaint shall be held in confidence by the
administrator unless and until the complainant and the offending
party(les) consent in writing that it shall be public, or until it
becomes a "public record" within the meaning of Florida Statute
119.07(3)(t);
(5) Within fifteen (15) days after the filing of the informal
complaint, the administrator shall transmit a copy of the same to
each respondent named therein by certified mail, return receipt
requested. Thereupon, the respondent(s) may file a written,
verified, informal answer to the informal complaint within twenty
(20) days of the date of receipt of the informal complaint.
(6 ) An informal complaint or answer may be amended at any
time, and the administrator shall furnish a copy of each amended
informal complaint or answer to the offending party(ies) or
complainant, respectively, as promptly as practicable.
(7) The administrator shall assist complainants or offending
parties when necessary in the preparation and filing of informal
complaints or answers or any amendments thereto.
SECTION 7. PROCESSING COMPLAINTS
(1) Within thirty (30) days after the filing of an informal
complaint, the administrator shall make such investigations as he
deems appropriate to ascertain facts and issues. If the
administrator shall deem that there are reasonable grounds to
believe that a violation has occurred and can be resolved by
conciliation, he shall attempt to conciliate the matter by methods
of initial conference and persuasion with all interested parties
and such representatives as the parties may choose to assist them.
Conciliation conferences shall be informal and nothing said or done
do name
and signature of
the complainant.
(4) Each complaint shall be held in confidence by the
administrator unless and until the complainant and the offending
party(les) consent in writing that it shall be public, or until it
becomes a "public record" within the meaning of Florida Statute
119.07(3)(t);
(5) Within fifteen (15) days after the filing of the informal
complaint, the administrator shall transmit a copy of the same to
each respondent named therein by certified mail, return receipt
requested. Thereupon, the respondent(s) may file a written,
verified, informal answer to the informal complaint within twenty
(20) days of the date of receipt of the informal complaint.
(6 ) An informal complaint or answer may be amended at any
time, and the administrator shall furnish a copy of each amended
informal complaint or answer to the offending party(ies) or
complainant, respectively, as promptly as practicable.
(7) The administrator shall assist complainants or offending
parties when necessary in the preparation and filing of informal
complaints or answers or any amendments thereto.
SECTION 7. PROCESSING COMPLAINTS
(1) Within thirty (30) days after the filing of an informal
complaint, the administrator shall make such investigations as he
deems appropriate to ascertain facts and issues. If the
administrator shall deem that there are reasonable grounds to
believe that a violation has occurred and can be resolved by
conciliation, he shall attempt to conciliate the matter by methods
of initial conference and persuasion with all interested parties
and such representatives as the parties may choose to assist them.
Conciliation conferences shall be informal and nothing said or done
in the course of the in conference with the individuals to
resolve the dispute may be made public or used as evidence in a
subsequent proceeding by either party without the written consent
of both the complainant and the offending party(ies). The
administrator or any employee of the administrator who shall make
public any information in violation of this provision shall be
deemed guilty of a violation of a County ordinance and shall be
subject to penalty as set forth in Section 11 of this ordinance.
(2) If the parties desire to conciliate, the terms of the
conciliation shall be in writing in the form approved by the
administrator and must be signed and verified by the complainant
and the offending party(les) and approved by the administrator.
The conciliation agreement is for conciliation purposes only and
does not constitute an admission by any party that the law has been
violated.
(3) If the administrator deems that there is not probable
cause to believe that a particular alleged discriminatory housing
practice has been committed, the administrator shall take no
further action with respect to the alleged offense.
(4) If the administrator, with respect to any matter which
involves a contravention of this ordinance. a. fails to conciliate
a complaint after the parties in good faith have attempted such
conciliation; or b. determines that the violation alleged in the
complaint cannot be resolved by conciliation, he shall notify both
the complainant and the offending party(les) within thirty (30)
days of the failure or the determination, and he shall proceed as
provided in Paragraph (3) of Section 5 hereinabove.
SECTION 8. ADDITIONAL REMEDIES.
The procedures prescribed by this ordinance do not constitute
an administrative prerequisite to another action or remedy
available under other law. Further, nothing in this ordinance
shall be deemed to modify, impair or otherwise affect any right or
remedy conferred by the Constitution or laws of the United States
or the State of Florida, and the provisions of this ordinance shall
be in addition to those provided by such other laws.
SECTION 9. EDUCATION AND PUBLIC INFORMATION.
The administrator may conduct educational and public
informational activities that are designed to promote the policy of
this ordinance.
SECTION 10. UNTRUTHFUL COMPLAINTS OR TESTIMONY.
It shall be a violation of this ordinance for any person
knowingly and willfully to make false or untrue statements,
accusations or allegations in a complaint filed hereunder or to
give false testimony concerning violations of this ordinance.
SECTION 11. PENALTY.
Any person who violates any provisions of this ordinance shall
be subject, upon conviction, to a fine up to but not exceeding the
sum of Five Hundred Dollars ($500.00), or imprisonment for a term
not exceeding six (6) months, or by both such fine and
imprisonment.
SECTION 12. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held illegal, invalid or
unconstitutional by the decision of any court or regulatory body of
competent jurisdiction, such decisions shall not affect the
validity of the remaining portions hereof. The County Commission
hereby declares that it would have passed this ordinance and each
section, subsection, sentence, clause and phrase hereof,
irrespective of the fact that any one of more sections,
subsections, sentences, clauses or phrases be declared illegal,
invalid or unconstitutional, and all ordinances and parts of
ordinances in conflict with the provisions of this Ordinance are
hereby repealed.
SECTION 13. EFFECTIVE DATE
This Ordinance shall become effective upon receipt from the
Secretary of State of the State of Florida of official
acknowledgement that this Ordinance has been filed with the
Department of State.
The above and foregoing ordinance was read and approved at a
duly convened meeting of the Indian River County Board of County
Commissioners of Indian River, Florida, this 14th Day of March,
1995.
This ordinance was advertised in the Vero Beach Press -Journal
on the 24th Day of February, 1995 for a public hearing to be held
on the 14th day of March, 1995. The ordinance was moved for
adoption by Commissioner Adams , and seconded by
Commissioner Eggert and adopted by the following vote:
Chairman Kenneth R. Macht Aye
Vice Chairman, Fran B. Adams Aye
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner John W. Tippin Aye
The Chairman thereupon declared the ordinance duly passed and
adopted this 14 day of March 1995.
Board of County Commissioners
Illlof Indian River County
past s
By.
P ` ,_,` Kenneth R. Macht, Chairman
It
lt
Attest by:_
;..'s
AcknowledgemeitFr
this �d,day,of
it
,°thre D`e artment of State of the State of Florida,
Marrh 1995.
Effective_ date:,. -,Acknowledgement from the Department of State
received on this 24th day of March 1995, at 12:55
A,&4p.m. and filed in the Office of the Clerk of the Board of
County Commissioners of Indian River County, Florida.
BY del -
William G. Collins, II
Deputy County Attorney
u\v\s\irco2.fho
Indian River Cn Approved 021e
Admin. 3
Legal„
Budges
Dept. S
Risk Mgr.
;1
I. Displacement Avoidance Policy 1
II. Definitions 2
A. Standard Condition 2
Be Substandard Condition Suitable
for Rehabilitation 3
Displacement Policy and Procedures 4
III. Permanent, Involuntary Displacement 4
A. Provisions for One -on -One Replacement 5
Be Provisions for Relocation Assistant
for Residential Displacement 6
C. Provisions for Non -Residential
Relocation 7
IV. Temporary, Voluntary Displacement and
Relocation 8
V. Permanent, Voluntary Displacement and
Relocation 9
VI. Tenant Assistance Policy/Rental
Rehabilitation 10
VII. Displacement of Homowners 11
VIII. Appeals/Counseling 13
M
I. Displacement Avoidance Policy
The County is committed to a policy to make all reasonable
efforts to ensure that activities undertaken through the use of
Community Development Block Grant (CDBG) funds will not cause
unnecessary displacement or relocation. The CDBG program will be
administered in such a manner that careful consideration is given
during the planning phase with regard to avoiding displacement.
The County will also provide information to and keep citizens
involved in the process regarding pending zoning and rezoning
actions that threaten the preservation of residential areas.
Involuntary displacement shall be reserved as a last resort action
necessitated only when no other alternative is available and when
the activity is determined necessary in order to carry out a
specific goal or objective that is of benefit to the public. In
this case, community development and housing programs will be
planned in a manner which avoids displacement of households or
businesses. However, voluntary temporary or permanent displacement
may be necessary in order to achieve a benefit to a household or
business (such as rehabilitation or replacement of the building).
Such benefits shall be identified and requested by the displacee.
Voluntary displacement may also occur when a property owner
voluntarily offers his home or business property for sale to the
County. In these cases, the seller may be required
to waive rights as a condition of sale of the property, and the
m
Uniform Relocation Act provisions will govern actions of the County
and/or its representative. 24 CFR Part 570 is a governing document
on displacement and is incorporated by reference. 49 CFR Part 24
provides Uniform Relocation Act information and is incorporated by
reference.
II. Definitions of "Standard" and "Non -Standard Suitable for
Rehabilitation" Dwelling Unit Condition
In the absence of federal and state provided definitions, the
following is provided to establish a frame of reference and context
when dealing with matters of displacement and/or relocation as
defined in 24 CFR Part 570 and 49 CFR Part 24.
A. Standard Condition
A dwelling unit is considered standard if it has no major
defects or only slight defects which are correctable through
the course of regular maintenance. It must be in total
compliance with applicable local housing and occupancy codes;
be structurally sound, watertight and in good repair, be
adequate in size with respect to number of rooms and area of
living space and contain the following.
1. A safe electrical wiring system adequate for
lighting and other normal electrical devices,
2. A heating system capable of sustaining a healthful
temperature (consistent with normal, year round
climatic conditions),
3. A separate, well -lighted and ventilated bathroom
that provides user privacy and contains a sink,
commode, and bathtub or shower stall,
4. An appropriate, sanitary and approved source of hot
and cold potable water,
5. An appropriate, sanitary and approved sewage
drainage system,
6. A fully usable sink in the kitchen,
7. Adequate space and service connections for a
refrigerator,
8. An unobstructed egress to a safe, open area at
ground level, and
9. Be free of any barriers which would preclude
ingress or egress if the occupant is handicapped.
Failure to meet any of these criteria automatically
causes a dwelling to not be considered "standard."
Be Substandard Condition Suitable for Rehabilitation
A dwelling unit is considered substandard if it does not fully
comply with the standard criteria, or has minor defects which
require a certain amount of correction but can still provide
safe and adequate shelter or has major defects requiring a
great deal of correction and will be safe and adequate once
repairs are made.
To be suitable for rehabilitation, a trained housing
specialist must carefully inspect the dwelling and prepare a
work write-up of repairs necessary to bring it up to standard
condition. A cost estimate of repairs will be prepared based
on the needs identified in the work write-up.
0
If these costs are equal to or less than 65% of the value of
a comparable replacement unit as obtained from more than one
licensed contractor, the dwelling will be considered suitable
for rehabilitation. If the predicted cost exceeds 65%, the
unit will be deemed unsuitable.
This criteria is arbitrary, however, and the local governing
body may authorize deviations based on the unique aspects of
each dwelling, owner, tenant, etc. on a case by case basis.
Each deviation so approved must be thoroughly documented.
Displacement Policy and Procedures
III. Permanent, Involuntary Displacement
The County will provide reasonable relocation assistance to
persons (families, individuals, businesses, nonprofit
organizations, or farms) displaced (moved permanently and
N
nvoluntarily) as a result of the use of CDBG assistance to acquire
or substantially rehabilitate property. Assistance to displaced
persons may include:
a. Payment for actual moving and relocation expenses
documented by receipts and/or vouchers from service
providers and utility companies. The documents shall be
submitted prior to the disbursement of payments
b. Advisory services necessary to help in relocating;
c. Financial assistance sufficient to enable the displaced
person to lease and occupy a suitable, decent, safe and
sanitary replacement dwelling where the cost of rent and
utilities does not exceed 30 percent of the household
gross
income
of a family earning
80 percent
of the median
income
for
the jurisdiction.
A. Provisions for One -for -One Replacement
The County will replace all occupied and vacant occupiable
low/moderate-income dwelling units demolished or converted to
a use other than as low/moderate-income housing as a direct
result of activities assisted with funds provided under the
Housing and Community Development Act of 1974, as amended, and
as described in 24 CFR Part 570. Replacement low/moderate-
income units may include public housing or existing housing
receiving Section 8 project based -assistance.
All replacement housing will be provided within three years of
the commencement of the demolition or rehabilitation relating
to conversion and will meet the following requirements.
1. The units will be located within the local
jurisdiction.
2. The units will meet all applicable local housing,
building, and zoning ordinances and will be in
standard, or better, condition.
3. The units will be designed to remain low/moderate-
income dwelling units for at least 10 years from
the date of initial occupancy (applies to initial
tenant only).
4. The units will be sufficient in size and number
(functionally equivalent) to house at least the
number of occupants who could have been housed in
the units that are demolished or converted.
G
Before obligating or expending CDBG funds that will
directly result in such demolition or conversion, the County
will make public and submit to the Florida Department of
Community Affairs the following information in writing.
1. A description of the proposed assisted activity;
2. The general location on an area map including
approximate number of dwelling units by size
(number of bedrooms) that will be demolished or
converted to a use other than low/moderate income
dwelling units;
3. A time schedule for commencement and completion of
the demolition or conversion;
4. The general location on a service area map and
approximate number of dwelling units by size
(number of bedrooms) that will be provided as
replacement units;
5. Identification of the source of funding at the time
of submittal and the time frame, location and
source for the replacement dwelling unit.
6. The basis for concluding that each replacement
dwelling unit will be designed to remain a
low/moderate-income dwelling unit for at least 10
years from the date of initial occupancy.
7. Information demonstrating that any proposed
replacement of a unit with a smaller unit is
consistent with the housing needs of LMI persons in
the jurisdiction.
Be Provisions for Relocation Assistance for Residential
Displacement
The County will provide relocation assistance, as described in
24 CFR Part 570, to each low/moderate-income household
involuntarily displaced by the demolition of housing or by the
conversion of a low/moderate-income dwelling to another use as
relocated are entitled to.
1. A choice between actual reasonable moving expenses
or a fixed expense and dislocation allowance,
2. Advisory services,
3. Reimbursement for reasonable and necessary security
deposits and credit checks,
4. Interim living costs; and
5. Replacement housing assistance which may include a
Section 8 housing voucher/certificate and referral
to assisted units, cash rental assistance to reduce
the rent and utility cost or lump sum payment equal
to the present value of rental assistance
installments to be used toward purchasing an
interest in a housing cooperative or mutual housing
association for a period up to 60 months (5 years).
a direct
result
of
CDBG-assisted
Relocation
activities.
Persons that are
relocated are entitled to.
1. A choice between actual reasonable moving expenses
or a fixed expense and dislocation allowance,
2. Advisory services,
3. Reimbursement for reasonable and necessary security
deposits and credit checks,
4. Interim living costs; and
5. Replacement housing assistance which may include a
Section 8 housing voucher/certificate and referral
to assisted units, cash rental assistance to reduce
the rent and utility cost or lump sum payment equal
to the present value of rental assistance
installments to be used toward purchasing an
interest in a housing cooperative or mutual housing
association for a period up to 60 months (5 years).
Businesses, non-profit organizations, farms, etc., shall
not be relocated unless the move is voluntary, essential to
the project from the public view, and the owner waives his/her
rights under the Uniform Act except for the following
relocation assistance:
1. Actual moving and reasonable reestablishment
expenses not less than $1,000 nor more than $20,000
equal to a prorata share for the period of
interruption of operations of the average annual
net earnings. Average annual net earnings are one
half of the entity's net earnings before taxes
during the two taxable years immediately prior to
the taxable year it was displaced.
2. No other benefits will be provided and a signed
waiver acknowledging this fact will be required.
C. Provisions
for
Non -Residential
Relocation
Businesses, non-profit organizations, farms, etc., shall
not be relocated unless the move is voluntary, essential to
the project from the public view, and the owner waives his/her
rights under the Uniform Act except for the following
relocation assistance:
1. Actual moving and reasonable reestablishment
expenses not less than $1,000 nor more than $20,000
equal to a prorata share for the period of
interruption of operations of the average annual
net earnings. Average annual net earnings are one
half of the entity's net earnings before taxes
during the two taxable years immediately prior to
the taxable year it was displaced.
2. No other benefits will be provided and a signed
waiver acknowledging this fact will be required.
V
0
IV. Temporary, Voluntary Displacement and Relocation
A. Persons occupying housing which is to be rehabilitated
using CDBG funds must voluntarily agree to inclusion in the
program and shall vacate the housing at the direction of the
County (or its CDBG Administrator), in order to facilitate the
safe, timely and economical rehabilitation process.
Be A moving allowance of $300 will be provided each family
unit so displaced. This allowance will be provided in two
payments of $150 each on move out and move back in.
C. The County may provide a safe, decent and sanitary
housing unit for use as temporary relocation housing. The
unit shall be available free of charge to temporarily
displaced households for the time period authorized by the
CDBG Administrator, generally for the period of rehabilitation
construction. Households who occupy the unit shall have a $75
refundable deposit withheld from their initial moving
allowance payment. This deposit shall be refunded in full
immediately after the relocation unit is vacated in a clean
and undamaged condition. The deposit refund shall be denied
in full or in part for payment of damages to the owner/lessee
due to the occupants' (a) failure to properly clean or
maintain the unit, (b) physical damage to the unit, (c) loss
of keys to the unit, or (d) need for any special
condition such as fumigation. A $25 per day penalty may also
be assessed for the household's failure to properly vacate the
relocation unit when directed to do so by the CDBG
Administrator.
D. A storage allowance of up to $150 will be provided each
family unit displaced if storage is necessary and essential to
the move.
E. Insurance cost of up to $100 for the replacement value of
the household property in connection with the move will be
provided each family unit displaced if storage is necessary
and essential to the move.
V. Permanent, Voluntary Displacement and Relocation
If it is determined by the County that occupants of a dwelling
should be permanently relocated, and the occupants voluntarily
consent, the government will assist in the relocation to a decent,
safe and sanitary dwelling unit. Benefits, if provided, will be
limited to increases in monthly housing costs incurred by the
occupant in an amount equal to the lesser of 60 times the increase
or 30 percent of the person's annual income. 24 CFR Part 570 must
be consulted to determine specific limitations.
A
A. It is not the County's policy to displace families in
rental units. Participating landlords will be required to
warrant that the proposed rehabilitation will not cause any
tenant to be permanently displaced unless the owner will be
able to relocate the tenant displaced in accordance with HUD
relocation criteria. Rental Rehab funds will not be used to
rehabilitate the structures if the rehabilitation will cause
the displacement of LMI families.
Be If it becomes necessary for an owner to move a tenant
from a unit as a direct result of rehabilitation assisted
through rental rehabilitation funds, the owners will assure
that the tenant is offered a decent, safe and sanitary
dwelling unit at an affordable rate as described in the
applicable regulations. No tenant will be considered
displaced if the owner has offered the tenant a decent, safe,
sanitary and affordable unit and the tenant has declined the
C. Should displacement become necessary for a LMI family as
a result of the rental rehabilitation assistance, the owner
will assure that tenants are provided the necessary financial
assistance, information, counseling, referrals and housing
location options regarding Federal Fair Housing rights, and
VI. Tenant
Assistance
Policy/Rental Rehabilitation
A. It is not the County's policy to displace families in
rental units. Participating landlords will be required to
warrant that the proposed rehabilitation will not cause any
tenant to be permanently displaced unless the owner will be
able to relocate the tenant displaced in accordance with HUD
relocation criteria. Rental Rehab funds will not be used to
rehabilitate the structures if the rehabilitation will cause
the displacement of LMI families.
Be If it becomes necessary for an owner to move a tenant
from a unit as a direct result of rehabilitation assisted
through rental rehabilitation funds, the owners will assure
that the tenant is offered a decent, safe and sanitary
dwelling unit at an affordable rate as described in the
applicable regulations. No tenant will be considered
displaced if the owner has offered the tenant a decent, safe,
sanitary and affordable unit and the tenant has declined the
C. Should displacement become necessary for a LMI family as
a result of the rental rehabilitation assistance, the owner
will assure that tenants are provided the necessary financial
assistance, information, counseling, referrals and housing
location options regarding Federal Fair Housing rights, and
0
other relocation services as needed without regard to race,
color, religion, sex, familial status, age, handicap or
national origin, so as to enable the family to obtain decent,
safe and sanitary housing at an affordable rent.
D. Compensation to obtain replacement housing shall not
exceed $6,000 unless approved otherwise by the local governing
body. Should the amount the tenant is entitled is expected to
exceed this threshold, consideration shall be given to not
performing the demolition which would cause the displacement.
VII. Displacement of Homeowners
Homeowners will have their homes demolished with CDBG funds
only as a voluntary action, when rehabilitation of the dwelling is
not feasible or cost effective.
Although homeowners have a right to assistance as previously
discussed, CDBG funds available for relocation assistance are
limited. Therefore, financial assistance shall not exceed that
described in the following paragraphs.
A. Homeowners who meet CDBG income limits will receive a
replacement housing payment not to exceed $28,000 (unless
approved otherwise by the local governing body). The amount
will be based upon the difference between the dwelling
replacement price and the owner's ability to contribute to the
replacement purchase price. Ability to contribute shall mean
the household's borrowing capacity (determined by lending
agencies, including FmHA) and liquid assets above $5,000 in
value.
Be To the extent feasible, replacement units will be of
comparable size and type as original units. Type shall mean
single family detached, mobile home, or attached. If the unit
is attached (duplex, triplex) and the displaced owner also
owns the other unit(s) as rental property, up to $10,000 per
unit shall be granted for construction of attached replacement
units, provided that zoning and other applicable regulations
allow construction of an attached unit(s) which will be rented
for a period of five years to CDBG income eligible households
at affordable rent levels. Affordable shall mean the average
monthly cost for rent and utility charges (water, sewer,
electricity, gas) and shall not exceed 30% of the tenant
household's gross monthly income.
C. Homeowners will be encouraged to relocate onto the
property from which they were displaced or onto other property
which they own, in order to reduce the cost of the replacement
unit. Land shall be included as an eligible replacement unit
cost only when the existing site is unsuitable due to
inadequate size (based upon zoning or other applicable
regulations) or location in a wetland or 100 year floodplain.
M
Existing housing that is in standard condition may also be
approved as replacement housing. Payment shall be disbursed
only upon the CDBG administrator's approval of the replacement
unit.
D. If space is available, displaced homeowners will be
offered temporary replacement housing in one of the units
provided by the CDBG program for housing rehabilitation
displacees. Moving and storage allowances will be provided as
annotated in section V.
E. If a homeowner chooses to not purchase a replacement
dwelling, compensation shall be determined in the same manner
as for renters. Compensation shall not be less than $2,000.
VIII. Appeals/Counseling
A. If a claim for assistance is denied by the local
governing body, the claimant may appeal to the State and the
decision of the State shall be final unless a court determines
the decision was arbitrary and capricious.
Be Counseling will be provided to displacees in the areas of
household finance, fair housing rights, real estate
transactions, and locating and evaluating replacement housing
options. Counseling shall be provided by the CDBG
0
Administrator to permanently displaced households to ensure
that:
No person is discriminated against based upon age,
race, color, religion, sex, handicap, familial
status, national origin, or presence of children in
the household.
Displacees receive information concerning the full
range of housing opportunities within the local
housing market.
Approved by the County Commission the 14th day of March, 1995.
Attest:
/Xenneth R: Macht, Chairman
Board of County Commissioners
u\v\s\irco2.adr
/Xenneth R: Macht, Chairman
Board of County Commissioners
iii�i
ATjA.:1
I. General Policy . . . . . . . . . . . . . . . . . . .
A. Applicability . . . . . . . . . . . . . . . . . .
Be Section 504 Law and Regulations .
C. Definitions
II. Communications
A. Auxiliary Aids. . . . . . . . . . . . . . . . .
III. Employment
A. General Prohibitions. 0 0.
Be Reasonable Accommodation. .
Co Employment Criteria .
IV. Program Accessibility. . . . . . . . . . .
A. General Requirements. .
Be Non -Housing Facilities. .
Vo Enforcement. . . . . . .
A. Assurances. . .
Be Self -Evaluation
C. Designation of Responsible Employee .
VI. Grievance Procedures/Complaint Resolution. . .
A. General Provisions. . . . . . . . . . .
Be Notice. . . . . . . . . . . . . . . . . . . . . .
C. Grievance Procedures. . . . . . . . . . . . . . .
D. Compliance Information. . . . . . . . . . . . . .
E. Discrimination Complaints/Grievances. . . . . . .
F. Complaint/Grievance Resolution. .
Attachments
1. Self Evaluation Survey. .
2. Self Evaluation Plan .
3. Transition Plan 0 .
I. GENERAL POLICY
A. APPLICABILITY
This Section 504 Compliance Policy establishes procedures and
guidelines that shall be used to effectuate compliance with
nondiscrimination based on handicap to the end that no otherwise
qualified individual with handicaps in the United States shall,
solely by reason of his or her handicap, be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal
financial assistance from the Department of Housing and Urban
Development (HUD). Compliance with Section 504 does not assure
compliance with requirements for accessibility by physically -
handicapped persons imposed under the Architectural Barriers Act of
1968. All HUD Federally financed activities shall be accomplished
in compliance with applicable state and federal laws.
B. SECTION 504 LAW AND REGULATIONS
Laws relative to nondiscrimination based on handicap in
federally assisted programs of HUD, in general, may be found in
section 504 of the Rehabilitation Act of 1973 (as amended), section
109 of the Housing and Community Development Act of 1974 (as
amended), and 24 CFR, Part 8. The provisions of these
nondiscriminatory procedures shall not be construed to conflict
with or supersede the requirements of any other applicable state or
federal laws or regulations. In regard to programs or activities
in connection with Community Development Block Grants (CDBG), the
U.S. Department of Housing and Urban Development (HUD) grant
administration regulations relating to nondiscriminatory practices
are promulgated in the Uniform Federal Accessibility Standards
(UFAS). This document, which sets standards for facility
accessibility by physically handicapped persons for federally
funded facilities, programs, and/or activities, is hereby
incorporated by reference. Future state or federal regulations
applicable to nondiscriminatory practices under the CDBG Program
shall supersede and/or supplement this policy.
C. DEFINITIONS
1. "Accessible," when used with respect to the design,
construction, or alteration of a facility or a portion of a
facility other than an individual dwelling unit, means that
the facility or portion of the facility when designed,
constructed or altered, can be approached, entered, and used
by individuals with physical handicaps.
2. "Accessible," when used with respect to the design,
construction, or alteration of an individual dwelling unit,
means that the unit is located on an accessible route and when
designed, constructed, altered, or adapted can be approached,
entered, and used by individuals with physical handicaps.
3. "Accessible route" means a continuous unobstructed path
connecting accessible elements and spaces in a building or
facility that complies with the space and reach requirements
of applicable standards prescribed by 24 CFR, Part 8, section
4. "Adaptability" means the ability of certain elements of a
dwelling unit, such as kitchen counters, sinks, and grab bars,
to be added to, raised, lowered, or otherwise altered, to
accommodate the needs of persons with or without handicaps, or
to accommodate the needs of persons with different types or
degrees of disability.
5. "Auxiliary aids" means services or devices that enable persons
with impaired sensory, manual, or speaking skills to have an
equal opportunity to participate in, and enjoy the benefits
of, programs or activities receiving Federal financial
assistance (i.e., readers, Brailled materials, audio
recordings, telephone communication devices for deaf persons
(TDD's), interpreters, etc.).
6. "Individual with handicaps" means any person who has a
physical or mental impairment that substantially limits one or
more major life activities, has a record of such an
impairment; or is regarded as having such an impairment.
7. "Qualified individual with handicaps" means:
(a) with respect to employment, an individual with handicaps
who, with reasonable accommodation, can perform the essential
functions of the job in question; and
(b) with respect to any non-employment program, an individual
with handicaps who meets the essential eligibility
requirements and who can achieve the purpose of the program or
activity without modifications in the program or activity that
Indian River County can demonstrate would result in a
fundamental alteration in its nature; or
(c) with respect to any other non -employment program or
activity, an individual with handicaps who meets the essential
eligibility requirements for participation in, or receipt of
benefits from, that program or activity.
8. "Undue hardship" means financial or administrative burdens
which would be imposed on the operation of Indian River
County's program. Factors to be considered include:
(a) the overall size of Indian River County's program with
respect to number of employees, number and type of facilities,
and size of budget,
(b) the type of Indian River County's operation, including
the composition and structure of the County's workforce; and
(c) the nature and cost of the accommodation needed.
II. COMMUNICATIONS
A. AUXILIARY AIDS
Indian River County shall furnish appropriate auxiliary aids
where necessary to afford an individual with handicaps an equal
opportunity to participate in, and enjoy the benefits of, a program
or activity receiving Federal financial assistance. The County is
not required to provide individually prescribed devices or other
devices of a personal nature. Where the County communicates with
applicants and beneficiaries via telephone, telecommunication
devices for deaf persons (TDD's) shall be used. The telephone
number to utilize the TDD is (407)770-5251. This is not a
dedicated circuit, however, employees who normally answer this line
are familiar with TDD tones and will immediately switch the line to
5
e
TDD receive mode. Indian River County shall adopt and implement
procedures to ensure that interested persons (including persons
with impaired vision or hearing) can obtain information concerning
the existence and location of accessible services, activities, and
facilities. Mobility impaired persons in wheelchairs should call
ahead for assistance, blind individuals should call ahead for
escorts, and deaf persons should call ahead for an interpreter
(person schooled in sign language). In brief, if the disabled
person calls the County Courthouse prior to the event and
communicates to a County employee the particular problem which he
or she has, assistance will be provided accordingly. However,
Section 504 does not require the County to take any action that the
County can demonstrate would result in a fundamental alteration in
the nature of a program or activity or in undue financial and
administrative burdens.
III. EMPLOYMENT
A. GENERAL PROHIBITIONS
No qualified individual with handicaps shall, solely on the
basis of handicap, be subjected to discrimination in employment
under any program or activity that receives Federal financial
assistance from HUD.
B. REASONABLE ACCOMMODATION
Indian River County shall make reasonable accommodation to the
known physical or mental limitations of an otherwise qualified
applicant with handicaps or employee with handicaps, unless the
County can demonstrate that the accommodation would impose an undue
A
hardship on the operation of its program. The County may not deny
any employment opportunity to a qualified handicapped employee or
applicant if the basis for the denial is the need to make
reasonable accommodation to the physical or mental limitations of
the employee or applicant.
C. EMPLOYMENT CRITERIA
Indian River County will not use any employment test or other
selection criterion that screens out individuals with handicaps nor
make any pre-employment inquiry of an applicant to determine
whether the applicant is an individual with handicaps or to the
nature or severity of a handicap. The County may, however, make
pre-employment inquiry into an applicant's ability to perform job-
related functions.
IV. PROGRAM ACCESSIBILITY
A. GENERAL REQUIREMENTS
No qualified individual with handicaps shall, because Indian
River County's facilities are inaccessible to or unusable by
individuals with handicaps, be denied the benefits of, be excluded
from participation in, or otherwise be subjected to discrimination
under any program or activity that receives Federal financial
assistance.
Be NON -HOUSING FACILITIES
New non -housing facilities shall be designed and constructed
to be readily accessible to and usable by individuals with
handicaps. Alterations to existing non -housing facilities shall,
to the maximum extent feasible, be made to make them more readily
7
accessible to and usable by individuals with handicaps. The County
shall operate each non -housing program or activity receiving
Federal financial assistance so that the program or activity, when
viewed in its entirety, is readily accessible to and usable by
individuals with handicaps.
(1) Methods
Indian River County may comply with the requirements of
this section through such means as location of programs or
services to ensure accessible facilities or accessible
portions of facilities, assignment of aides to beneficiaries,
home visits, the addition or redesign of equipment, changes in
management policies or procedures, acquisition or construction
of additional facilities, or alterations to existing
facilities. The County is not required to make structural
changes in existing facilities where other methods are
effective in achieving compliance with this section.
(2) Historic Preservation Programs or Activities
In meeting Section 504 requirements in historic
preservation programs or activities, Indian River County shall
give priority to methods that provide physical access to
individuals with handicaps. However, in cases where a
physical alteration to an historic property would
substantially impair the "significant historic features" of
the property or result in undue financial and administrative
burdens, the structural modifications need not be made. In
unique cases where this occurs, the precise alterations,
impact and reasons for noncompliance shall be completely
documented.
(3) Time Period for Compliance
The County shall comply with the obligations established
under this section immediately, except that where structural
changes in facilities are undertaken, such changes shall be
made within the time frames established by the attached
transition plan. If structural changes to non -housing
facilities will be undertaken to achieve program
accessibility, the County shall develop a transition plan
setting forth the steps necessary to complete such changes.
The plan shall be developed with the assistance of interested
persons, including individuals with handicaps or organizations
representing those individuals. A copy of the plan shall be
available for public inspection, and at a minimum, shall:
(a) identify physical obstacles in Indian River
County's facilities that limit the accessibility of
its programs or activities to individuals with
handicaps;
(b) describe in detail the methods that will be used to
make the facilities accessible;
(c) specify the schedule for taking the steps necessary
to achieve compliance with this section and
identify steps that will be taken during each year
of the transition period,
(d) indicate the official responsible for
implementation of the plan, and
(e) identify
the persons
or groups with whose
assistance
the plan
was prepared.
V. ENFORCEMENT
A. ASSURANCES
An applicant for Federal financial assistance for a program or
activity to which Section 504 applies shall submit an assurance to
HUD on a form specified by the responsible civil rights official
that the program or activity will be operated in compliance with
Section 504. In the case of Federal financial assistance extended
in the form of real property or to provide real property or
structures on the property, the assurance will obligate Indian
River County for the period during which the real property or
structures are used for the purpose for which Federal financial
assistance is extended. In the case of Federal financial
assistance extended to provide personal property, the assurance
will obligate the County for the period during which it retains
ownership or possession of the property. In all other cases, the
assurance will obligate the County for the period during which
Federal financial assistance is extended.
Be SELF-EVALUATION
Indian River County has conducted a self evulation survey and
adopted a self evaluation plan and transition plan as required for
the Americans with Disabilities Act. This plan shall serve as the
Section 504 compliance plan. The attached self-evaluation plan was
utilized to review each public facility for accessibility and
compliance. Also, a transition plan which identified all
structural changes needed to existing county -owned facilities to
achieve accessibility is prepared and adopted by the Board.
A recipient that employs fifteen or more persons shall, for at
least three years following completion of the evaluation, maintain
on file, make available for public inspection, and provide to the
responsible civil rights official, upon request: a list of the
interested persons consulted, a description of areas examined and
any problems identified, and a description of any modifications
made and or any remedial steps taken.
C. DESIGNATION OF RESPONSIBLE EMPLOYEE
A recipient that employs fifteen or more persons shall
designate at least one person to coordinate its efforts to comply
with Section 504. The responsible person designated is the ADA
Coordinator and can be reached at telephone number (407) 567-8000,
ext. 223.
VI. GRIEVANCE PROCEDURES/COMPLAINT RESOLUTION
A. GENERAL PROVISIONS
A recipient that employs fifteen or more persons shall adopt
grievance procedures that incorporate appropriate due process
standards and that provide for the prompt and equitable resolution
of complaints alleging any action prohibited by Section 504.
Be NOTICE
A recipient that employs fifteen or more persons shall take
appropriate initial and continuing steps to notify participants,
beneficiaries, applicants, and employees, including those with
hearing and vision impairments, and unions and professional
11
organizations that it does not discriminate on the basis of
handicap. The notification shall state that the recipient does not
discriminate in regards to its federally assisted programs. The
notification shall also include an identification of the
responsible employee designated to coordinate with Section 504 (See
Section V. Paragraph D above). The initial notification shall be
made as soon as possible but within 90 days of Policy adoption.
Methods of notification may include the posting of notices or
publication in newspapers. Any such notice must include all of the
information discussed in this paragraph. The recipient must also
ensure that members of the population likely to be affected
directly by a federally assisted program who have visual or hearing
impairments are provided with the information necessary to
understand and participate in the program.
C. GRIEVANCE PROCEDURES
Any person or any representative of such a person who believes
that he or she has been discriminated against should first contact,
in writing, the person identified as Coordinator on page 11 of this
policy. The grievance must be filed within 30 days of the alleged
discriminatory act and must give the following:
(1) name and address of the complainant;
(2) name and address of the alleged offending party;
(3) specific details, in a near chronological order, of the
events leading to the alleged action;
(4) the alleged discrimination,
(5) names, addresses and phone numbers of any witnesses or
other persons having knowledge of the circumstances, and
(6) any other relevant information.
The Coordinator will attempt to satisfactorily resolve the
issue, informally, by contacting the involved parties within 20
days of receipt. Documentation of all phone calls, contacts and
information received or disseminated must be carefully kept.
Additionally, the members of the elected government must be kept
informed and up-to-date regarding the grievance and the progress in
resolution. This information flow will occur via written progress
reports, no less frequently than monthly, and discussions, as
necessary, at each regularly scheduled meeting of the elected body.
The Citizens Advisory Task Force (CATF) will be called into
session to advise the coordinator and to fashion a plan for
resolution should initial resolution attempts fail. This group
will function in an advisory capacity as specified in the document
which establishes their existence. Records of proceedings will be
maintained and forwarded to the elected body. The CATF may call
both parties together in an attempt to reach an amicable solution.
The Coordinator will act as the intermediary between the CATF and
the electorate and will ensure the same information flow as
described above.
Should informal resolution be unsuccessful, the grievance will
be elevated to the formal stage. All communications will occur
only in written form, via certified mail. The local government's
attorney will become the lead official, acting on behalf of and
with the consent of the local governing body. Maximum effort will
E
be given to achievement of a mutually agreeable resolution with all
proceedings and communications thoroughly and precisely documented.
If the preceding attempts remain unsuccessful, the matter
shall be officially brought to the attention of the applicable
State or Federal agency and their guidance solicited and followed.
Information in the sections which follow expand further on
grievance/complaints which have exhausted local capability.
D. COMPLIANCE INFORMATION
Each recipient shall keep such records and submit to the
responsible civil rights official complete and accurate compliance
reports upon request. The records shall indicate the extent to
which individuals with handicaps are beneficiaries of federally
assisted programs. Each recipient shall permit access to these
records by the responsible civil rights official and the general
public during normal business hours.
E. DISCRIMINATION COMPLAINTS/GRIEVANCES
Any person, or any representative of such a person, who
believes that he or she has been discriminated against may file a
confidential complaint with HUD's Office of Fair Housing and Equal
Opportunity, Department of Housing and Urban Development,
Washington, D.C. 20410. The written complaint must be filed within
180 days of the alleged discriminatory act. The complaint must
give the name and address of the alleged complainant, the name and
address of the offending party, and the details of the events
leading to the charge of discrimination. The responsible civil
rights official will notify both the complainant and the recipient
of the agency's receipt of the complaint within ten calendar days.
F. COMPLAINT/GRIEVANCE RESOLUTION
HUD's civil rights official will review the case for
acceptance, rejection, or referral within twenty days of
acknowledgement of receipt of the complaint. The recipient of
federal monies is then notified of the complaint and is given a
chance to respond in writing within thirty days of receiving it.
HUD officials then attempt to resolve the complaint informally. If
informal resolution is not possible, an investigation is conducted
resulting in either a dismissal of the complaint or a letter of
findings against the recipient which must be issued within 180 days
of receipt of the complaint. The letter of findings is then sent
via certified mail, return receipt requested, to both the
complainant and the recipient. Within ten days of notification of
noncompliance, the recipient may volunteer to comply with the
regulation. Otherwise, compliance may be effected by the
suspension or termination of, or refusal to grant or continue
federal financial assistance.
This last measure is the end result of a process which goes
through many channels: (1) the recipient is notified of its
failure to comply, (2) a finding of noncompliance is formally
recorded after the recipient has been given the opportunity for a
hearing, (3) the Secretary of HUD approves the action, and (4)
thirty days expire after the Secretary has filed a report with the
committees of the House and Senate having legislative jurisdiction
offended party is prohibited.. No intimidation, threats, coercion,
or discrimination against any person for having participated in
this investigation is permitted. The identity of complainants
shall be kept confidential except to the extent necessary to carry
out the intent
of this
over the
program
or activity involved.
Intimidatory
or retaliatory
acts by the
recipient
or the
offended party is prohibited.. No intimidation, threats, coercion,
or discrimination against any person for having participated in
this investigation is permitted. The identity of complainants
shall be kept confidential except to the extent necessary to carry
This policy has been approved and adopted this 14th day of
March, 1995.
F, €
Ke neth R. Mach , Chairman
Board of County Commissioners
out the intent
of this
policy.
This policy has been approved and adopted this 14th day of
March, 1995.
F, €
Ke neth R. Mach , Chairman
Board of County Commissioners
ATTACHMENTS 11 21 AND 3
SELF EVALUATION SURVEY
The Attached Americans with Disabilities Act Self -Evaluation Plan
and Transition Plan shall serve as the Section 504 Self -Evaluation
Plan and Transition Plan.
u\v\s\irco2.504
INDIAN RIVER COUNTY COURT
(Name of facilit
Survey #i of
;;,� t11k"ilei
a-
' MARS: J. GODWIN
DEPUTY
COURT An MINISTRATOR
NINETEENTH JUDICIAL CIRCUIT
ST. LUCIE COUNTY COURTHOUSE
229 COURTHOUSE ADDITION
218 SOUTH SECOND STREET
FT. PIERCE, FLORIDA 34950
Americans
with Disabilities
Act
- Title II
1. The court has a staff organizational plan to
facilitate use of services for individuals
with disabilities. (For example, a staff
member(s) has been designated to monitor
services to individuals with disabilities and
maintain expertise in the acquisition and use
of auxiliary aids, assistive devices and
special materials.)
Action to be Taken:
In compliance. The ADA Coordinator for
Indian River County is Randy Dowling, Asst,
County Administrator
Proposed Completion Date: Since 1992
14071 460.1472
FAX 14071 467-21 35
2. The court has developed procedures for noticing court
proceedings and other publicevents in the most appropriate
manner that will let users know that it does not discriminate
on the basis of disabilities and which advises users of the
procedures to be followed when requesting accommodations such
as auxiliary aids, etc.
Examples (not inclusive):
Court Events Public Events
Hearings Yes X No Court Tours YesX No
Trials Yes X No_ Investitures Yes No
Depositions Yes X No Receptions Yes No
Jury Duty Yes X No Mock Trials Yes X No
h<<n 1
Witness Appearance YesX No
Others:
Action to be Taken:
Bar Meetings YesX No.
Others$
Yes_ No
Yes_ No
Yes_ No
Administrative Order 93-01 requires all agencies,
organizations,etc. have special accommodation on
court appearance notice, or invitation.
Proposed Completion Date: completed 1-11-93
3. Interested individuals, including persons with impaired
vision or hearing, can obtain information about how to access
court activities and programs. (Examples of information
resources are signs, maps, brochures, etc.)
Examples of activities and programs: (not inclusive)
Court Activities Court Supervised Proqrams
Hearings Yesm No Guardian ad Litem YesX No
Trials Yes X No. Medication/Arbitration
Services YesX No
Depositions Yes X No. County Probation Yes No_N/A
Jury Duty Yes x No Public Guardian Yes_ No N/A
Witness Victim Assistance Yes_ NO N/A
Appearance YesX No. Pretrial Services Yes_ No
_N/A
Hearing Officers Yes_ No_N/A
Traffic Magistrate Yes No_N/A
General/Special
Masters Yes No_N/A
Pretrial
Intervention Yes_ No _N/A
Court Reporting Services Yes No_N/A
Dome=stic Violence —'
Services Yes_ No N/A
DUI Schools Yes_ No N/A
Court Drug Rehabilitation
Programs Yes No N/A
Others: Others:
Yes_ No Yes_ No
Yes_ No Yes_ No
Yes_ No Yes No
Action to be Taken:
If requested, information can be made available
through auxilary aids and sign making equipment
on court services Also security personnel in the
Courthouse give information and assistance when requested.
Proposed Completion Date: 1-14-93
4. Guidelines have been established for Yes X
determining reasonable accommodations and
modifications to afford individuals with No
disabilities equal opportunity to participate
in, and enjoy the benefits of, a service,
program, or activity conducted by the court.
Action to be Taken:
Indian River County Administration has developed
guidelines for determining reasonable accommodations,
and a formal complaint resolution procedure
Proposed Completion Date: 1-14=93
S. The court prohibits the imposition of
requirements or burdens on individuals with
disabilities that are not placed on others who
attend public court events or access court
services.
Action to be Taken:
The County doesn't place burdens on the disabled
for court services.
Proposed Completion Date: 1-14.93
6. The court can provide, or can make available when
appropriate, the following auxiliary aids.
qualified interpreters Yes X No
note takers Yes X No
-transcription services Yes X No
written materials Yes X No
telephone handset amplifiers Yes_ No X
assistive listening devices Yes X No
closed caption decoders Yes No X
telecommunication devices Yes No
for the deaf (TDDs) Yeses No.
video text displays Yes_ No X
taped texts Yes X No_
audio recordings Yes X No
braille materials Yes X No
qualified readers Yes X No
large print materials Yes X No
computer screen readers Yes No X
print magnification devices Yes X No
Other Braille Materials Yes }{ No
Action to be Taken:
The County can also provide general assistance to
auxiliary aid or service, the request will be evaluated
for necessary arrangements.
Proposed Completion Date: 1-14-93
7. Court officers and employees have been made YeS X
aware of the Florida Relay Service and how it
works. No
Action to be Taken:
Court
the disabled.
If the disabled
individual
requests
auxiliary aid or service, the request will be evaluated
for necessary arrangements.
Proposed Completion Date: 1-14-93
7. Court officers and employees have been made YeS X
aware of the Florida Relay Service and how it
works. No
Action to be Taken:
Relay Service to the clerk for distribution.
Proposed Completion Date:On or before 1-22-93
8. The court has taken appropriate steps to
ensure that communications in court
proceedings are as effective for individuals
with disabilities as for others.
P
Action to be Taken:
If requested, auxiliary aid or services will be
evaluated for necessary arrangements.
0
Proposed Completion Date: 1-14-93
Court
Administration
sent
copies of
Florida
Relay Service to the clerk for distribution.
Proposed Completion Date:On or before 1-22-93
8. The court has taken appropriate steps to
ensure that communications in court
proceedings are as effective for individuals
with disabilities as for others.
P
Action to be Taken:
If requested, auxiliary aid or services will be
evaluated for necessary arrangements.
0
Proposed Completion Date: 1-14-93
0
`9. The court has taken steps to ensure that hearing or visually
impaired individuals can benefit from any video presentation
that is used in court programs, services or activities.
Examples: (not inclusive)
Court Events Court Programs
Trials Yes X No Medication/Arbitration
Services Yes X No
Depositions Yes_X No_ County Probation Yes_ No N/A
Jury Duty Yes_X No. Public Guardian Yes_ No N/A
Witness Victim Assistance Yes_ No N/A
Appearance Yes_X No. Pretrial Services Yes_ No N/A
Hearing Officers Yes_ No N/A
Traffic Magistrate Yes No N/A
General/Special
Masters Yes No N/A
Pretrial — —'
Intervention Yes_ No. N/A
Court Reporting Services Yes No N/A
Domestic Violence — —
Services Yes_ No N/A
DUI Schools Yes_ No N/A
Court Drug Rehabilitation
Programs Yes_ No_ N/A
Others: Others:
Yes_ No. Yes_ No
Yes_ No. Yes_ No
Yes_ No. Yes No
Action to be Taken:
If visually impaired are present and request
a special accommodation, then a narrator will
be requested for court activit
Proposed Completion Date: on oX before 1-22-93
6
10. The court has made provisions for individuals Yes X
with disabilities to be alerted to emergency
situations such as fire, bomb threat, etc. No
Action to be Taken:
Indian River County has an emergency evacuation
plan in conjunction with the Sheriffs Dept. to
assure that all disabled are notified of any emergency
situation.
Proposed Completion Date: 1-14-93
11. In the selection of a procurement contractor,. Yes X
the court refrains from using criteria that
subject individuals to discrimination on the No
basis of disability.
Action to be Taken:
The Indian River
County
has
implemented building
and construction
olicies
which must conform
to
ADA reauirements
Proposed Completion Date: 1-14-93
12. The court has taken steps to assure that the Yes X
clerk can provide public records through
auxiliary aids or alternate formats. No
Action to be Taken:
Clerk's office coordinator, Mary Louise Scheidt,
has the ability to provide readers and other
auxiliary aids when requested.
Proposed Completion Date: 1-22-93
The Americans With Disabilities Act (ADA), a federal law passed in 1990,
provides civil rights protection to individuals with disabilities in the areas of
employment, government services, public accommodations in commerical facilities,
public transportation, and telecommunications. After analyzing this
comprehensive federal legislation and corresponding interpretive guides, the
County's ADA Coordinator has determined that the County must conduct the
following five activities to comply with the Act.
1) Name an ADA Coordinator to oversee all compliance activities.
2) Provide public notices and information to all interested persons on how the
county is complying with this law. The thrust of this requirement is that
all county communications with applicants, participants, and members of the
public with disabilities must be as effective as communications with others.
3) Conduct a self-evaluation plan to evaluate the county's current services,
policies, and programs to identify and correct those which do not comply
with this law.
4) Prepare a transition plan to identify all structural changes needed to
existing county -owned facilities to achieve accessibility for the disabled.
5) Prepare a grievance procedure for handling complaints associated with this
law.
Items #1, #4, and #5 have been completed, item #2 will be ongoing, and item #3
is presented below.
As previously indicated in the third activity, the county is required by 28 CFR
Part 35, Section 35.105 to prepare a self-evaluation plan to evaluate its current
services, policies, and programs and identify and correct those which do not
comply with the Act. This plan should include a description of the areas
examined and any problems identified, a description of reasonable modifications
made.. and a list of individuals consulted. This plan is required to include
comments from disabled individuals and organizations and other interested
individuals. All of the policies and programs that are inconsistent with the Act
and subsequently identified in the plan must be corrected immediately with
remedial action. However, if the county can demonstrate that the required
modifications would fundamentally alter the nature of its service, program, or
activity, or would result in an undue financial or administrative burden, the
county would not be required to make the modification. Nevertheless, the
county must ensure that disabled individuals receive all county services and
programs afforded to all others.
In preparing this self-evaluation plan, county staff focused on the areas outlined
in the ADA Title II Technical Assistance Manual:
Aa aAC+ Uff n
AREA #1: PHYSICAL BARRIERS TO ACCESS
The Board of County Commissioners, during their September 15, 1992
meeting, approved a transition plan which identifies_ structural changes
needed to existing county -owned facilities to achieve accessibility for the
disabled. All of the structural changes identified in this plan will be
completed no later than January 26, 1995. The accessibility of all
county -owned facilities as well as county -sponsored programs will continue
to be monitored and addressed on a case by case basis.
AREA #2: LIMITING PARTICIPATION
The county will not exclude any individual from any of its programs,
activities, or services unless the inclusion results in a fundamental
alteration of the nature of the program, activity, or service or if the
inclusion results in an undue financial or administrative burden (see AREA
#8). The county will, of course, adhere to locally, state, and federally
mandated physical requirements for certain positions, thus possibly
excluding certain disabled individuals from certain types of employment.
AREA #3: COMMUNICATION
The county will furnish appropriate auxiliary aids and services to disabled
individuals when requested for public meetings, programs, and services so
those individuals can participate in and eniov the benefits of all countv
services. Auxiliary aids include, but are not Ii
interpreters, note takers, written materials, ass
telecommunication devices for the deaf (TDDs), rea
recordings, Braille materials, large print materials,
The county will also purchase an appropriate num
them in county -owned facilities that have extensive
Those facilities might include the County
Courthouse, Health Department, Main and North C4
Recreation Department. The county's Emergeni
already has a TDD dedicated solely for emergency
TDDs, county staff may use the Florida Rel
implemented in June 1992 to communicate with
community. The county's 911 Center, which ha:
calls, provides direct telephone emergency service:
modem users without having to call a separate t
county will also purchase sign making equipment
signage for all county -owned facilities. Finally, cc
following or similar wording on all public notices ani
members of the public to county -sponsored meetings
nited to, sign language
stive listening devices,
Jers, taped texts, audio
and general assistance.
Ser of TDDs and install
contact with the public.
dministration Building,
unty Libraries, and the
y Services Department
:alls. In addition to the
3y Service which was
the hearing impaired
a TDD for emergency
to TDDs and computer
�lephone number. The
to make ADA required
Linty staff will place the
I publications that invite
and programs:
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING
MAY CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT
(ADA) COORDINATOR AT 567-8000 X408 AT LEAST 48 HOURS IN ADVANCE
OF MEETING
In addition to having this wording placed on written materials, the county
will periodically place similar worded public service announcements on the
local cable television government access channels in closed caption format
and on local radio stations. If a disabled individual requests an auxiliary
aid or service, the ADA Coordinator will evaluate the request and make the
neccessary arrangements at no cost to the requesting individual.
AREA #4: AUXILIARY AIDS AND SERVICES
The county will provide auxiliary aids and services to disabled individuals
when requested for public meetings and programs so those individuals can
participate in and enjoy the benefits of all county services. County
staffers will function as readers for visually impaired individuals either
personally or on taped recordings and provide general assistance to
manually and cognitively impaired individuals. The Board of County
Commissioners, during their September 22, 1992 meeting, approved a one
year contract with the Deaf Service Center of the Treasure Coast, Inc. to
provide the county with qualified sign language interpreters for public
meetings and programs upon request for hearing impaired individuals. The
method of securing these services will be handled through the county's ADA
Coordinator with at least 48 hours of advanced notice. When equipment is
used as part of a county program, service, or activity, the equipment such
as automobiles, heavy machinery, library devices, word processors,
telephones, and other office equipment will be usable by hearing, visually,
and manually impaired individuals upon request and after a thorough
assessment has been made by the ADA Coordinator to ensure that the
equipment modifications and/or purchases are suitable to the requesting
disabled individual'. All county equipment will be maintained in operable
working order regardless of the frequency of use.
AREA #5: EMERGENCY PROCEDURES
County staff members are responsible for evacuating themselves from the
County Administration Building. The Department of Emergency Services
staff and the Buildings and Grounds staff are responsible for evacuating
disabled and nondisabled individuals from the County Administration
Building during emergency situations. County staff will be designated to
be responsible for assisting disabled and nondisabled individuals from each
of the other county buildings in the event of an emergency. In the event
that disabled individuals have special needs and cannot be evacuated
immediately, the 911 Center will be contacted and an emergency worker will
be summoned to assist in moving the individual to a safe area. Every
county facility that is required by code to have an audible and visual
emergency warning system has complied. County facilities that have both
types of warning signals include the Health Department Building, the Main
and North County Libraries, Jail, and the Sheriff's Administration Building.
The required warning system for the new courthouse, which is under
construction, has been included in the building plans. The old courthouse
and the County Adminstration Building have audible warning systems which
is within code.
AREA #6: WRITTEN AND AUDIO-VISUAL MATERIALS
A review of selected county written and audio-visual materials was
conducted and that review determined that individuals with disabilities were
not portrayed in an offensive or demeaning manner. The county materials
that were reviewed were the annual budget, volumes I and II of the code of
ordinances, job application forms, administrative policy manual, Youth
Guidance promotional video, bulletin board information, job postings, solid
waste recycling literature, recreational opportunities listing, among others.
Additional materials will continue to be reviewed to ensure that disabled
individuals are portrayed fairly and with dignity.
AREA #7: HISTORIC PRESERVATION PROGRAMS
The county currently does not operate any historical preservation
structures. However, if the county does operate such structures in the
future, it would make reasonable accommodations to provide access to
disabled individuals taking into consideration ADA, the Florida Accessibility
Requirements Manual, and the county -enforced building code.
AREA Us. PROGRAM ALTERATION AND UNDUE FINANCIAL BURDEN
If the county staff believes that a requested action to accommodate a
disabled individual would fundamentally alter the nature of the county
program, activity, or service, or would result in an undue financial or
administrative burden, the county may not be required to take such action.
However, the burden of proving such hardship is on the county. In that
case, the County Administrator will have the responsibility of reviewing the
requested action and determining if that action would result in a
fundamental alteration of the program or create an undue financial or
administrative burden for the county. This written determination will be
made in a timely and expeditious manner and could be appealed to the
Board who will make the final decision without further right to
administrative appeal. Nevertheless, the county must ensure that disabled
individuals receive county benefits and services afforded to all others.
AREA #9: ACCESS TO PUBLIC MEETINGS
Individuals with mobility impairments will have access to public meetings
either personally with general assistance provided by county staffers or by
other methods. Upon request, the county will provide tape recordings or
written materials such as minutes of any public meeting. If the county
decides to televise the weekly Board meetings on the two cable television
government access channels (TCI and Falcon franchise areas) , closed
caption format will be explored to ensure that mobility and hearing impaired
individuals have access to public meetings.
AREA #10: EMPLOYMENT PRACTICES
County staff has reviewed its employment practices as embodied in the
administrative policy manual to ensure that the current practices comply
with ADA requirements. County staff made the following changes to its
employment practices to comply with the law:
1) Removed worker compensation type questions from the job application
form and modified the pre-employment physical form to include the
job's essential functions.
2) Revised all county job descriptions to highlight the essential functions
of the job.
3) Revised the administrative policy manual hiring section to include
worker compensation type questions after the conditional offer of
employment has been made.
4) Prepared and had the Board approve a complaint resolution procedure
to handle accessibility complaints from the general public. This
procedure was, in turn, made part of the administrative policy manual.
In addition, when an employee requests a reasonable accommodation to a
disability, that request will begin with the immediate supervisor. If that
supervisor cannot satisfactorily resolve the request, the request will be
forwarded to the appropriate department head. If the department head,
after consulting with the Personnel Department and the ADA Coordinator,
cannot satisfactorily resolve the request, the requesting employee may file a
formal complaint using the established complaint resolution procedure.
AREA #11: BUILDING AND CONSTRUCTION POLICIES
The county recognizes that its existing facilities must comply with ADA
accessibility requirements. To that end, county staff prepared and had the
Board approve the ADA required transition plan. The county also
recognizes that any new facilities or part of a facility, or the alteration of
existing facilities begun after January 26, 1992 must conform to ADA
requirements. To date, only three county facilities, the Sandridge Golf
Course Clubhouse, the Administration Annex, and the new Courthouse,
began the construction process after January 26, 1992. These three
facilities were designed and constructed or are being constructed in
conformance with ADA, the Florida Accessibilities Requirements Manual, and
the county -enforced building code. The county's Purchasing Division will
include a mandate in bid specifications that all appropriate county owned
building projects meet ADA requirements. In addition, building projects
conducted by the county's Buildings and Grounds Division will also conform
to ADA requirements.
AREA #12: EMPLOYEE TRAINING
County staff conducted a training session during June 1992 for all of its
supervisory employees to acclimate them to ADA requirements. The
county's ADA coordinator has also written several county newsletter articles
regarding ADA requirements and status reports on what the county is doing
to comply with this federal law. County staff will continue to hold regular
training workshops for its employees concerning ADA related topics and
write county newletter articles to keep employees up to date on ADA
requirements and interpretations.
AREA #13: FORMER DRUG USERS
The County will not deny former drug users participation in county
programs, activities, or services. However, the county may deny
participation to individuals who are currently engaged in illegal drug use.
As required by federal law, the self-evaluation plan must include comments from
disabled individuals and organizations and other interested citizens. To receive
comments, the County conducted a public workshop on Thursday, January 14,
1993. Below is a brief synopsis of that workshop in which approximately 12
people attended.
1) It has been determined that the county should emphasize that a request for
a special accommodation is at no cost to the requesting individual.
2) If the Board decides to televise their weekly meetings, both county cable
franchise areas ( TCI and Falcon) would televise and/or rebroadcast the
meetings.
After receiving and taking into consideration the public's input, the
self-evaluation plan was finalized and brought to the Board for formal approval
on Tuesday, January 26, 1993.
ADA WORKSHOP
SELF-EVALUATION PLAN
THURSDAY, JANUARY 14, 1993
2:00 P.M.
Anna Jones
Michael Von Buelow
Vince McCann
Hilda Gill
Pamela Robinson
Diane Puzmas
Aliyyah Matthews
Neil Duval
William Collins
Jack Price
Randy Dowling
Mae Althea Arnold
Commissioner Carolyn Eggert
The Americans With Disabilities Act (ADA), a federal law passed in 1990,
provides civil rights protection to individuals with disabilities in the areas of
employment, government services, public accommodations in commercial facilities,
and telecommunications. After analyzing this comprehensive federal legislation
and corresponding interpretive guides, the County's ADA Coordinator has
determined that the County must conduct the following five activities to comply
with the Act:
1) Name an ADA Coordinator to oversee all compliance activities.
2) Provide public notices and information to all interested persons on how the
County is complying with this law. The thrust of this requirement is that
all county communications with applicants, participants, and members of the
public with disabilities must be as effective as communications with others.
3) Conduct a self-evaluation plan to evaluate the County's current services,
policies, and programs to identify and correct those which do not comply
with this law.
4) Prepare a transition plan to identify all structural changes needed to
existing county -owned facilities to achieve accessibility for the disabled.
5) Prepare a grievance procedure for handling complaints associated with this
law.
Items #1, #4, and #5 have been completed while the remaining items are
currently being pursued.
As previously indicated in the fourth activity, the County is required by 28
CFR, Part 35, Section 35.150 to prepare a transition plan to identify all
structural changes needed to existing county -owned facilities to achieve
accessibility for the disabled. The transition plan must also include a schedule
for providing and retrofitting curb cuts. Since curb cuts are included in the
Florida Department of Transportation engineering standards and the County uses
those curb cut standards, previous and current county projects have included
proper curb cuts. However, curb related accessibility to county -owned facilities
will continue to be monitored and addressed on a case by case basis. All of the
structural changes identified in this plan must be completed no later than
January 26, 1995. However, if the County believes that a proposed structural
change would fundamentally alter the service, program, or activity or would
result in an undue financial or administrative burden, the County would have
the burden of proving that the structural change would result in such a burden.
Nevertheless, the County must ensure that disabled individuals receive all
county benefits and services afforded to all others. It should be noted that all
new construction and alterations to county -owned facilities begun after January
26, 1992 must conform to ADA requirements.
In preparing the transition plan, county staff reviewed a listing of all
county -owned facilities to determine which facilities were public oriented and
which facilities were non-public oriented. The following list of facilities were
determined by staff to be non-public oriented and therefore not included in the
transition plan. However, the accessibility of these buildings will continue to be
monitored and addressed on a case by case basis when an employee requests a
reasonable accommodation to a disability.
NON-PUBLIC FACILITIES
Sign Shop - 4625 41st Street
Voting Machine Warehouse - 1600 41st Street
Road and Bridge - 4621 41st Street
* Storage Buildings and Offices
* Restrooms/Showers
Sheriff - 4050 41st Street - Garage Storage Building Compound
* Garage and Shop
* Parts Building
* Long Storage Shed
* Open Storage Shed
* Metal Addition to 6004
Sewer/Water Buildings
* Sewer Plant/Misc. Equip. - Bent Pines Golf Club 58th St.
THERE IS NOTHING THERE BUT A LIFT STATION
5770 Bent Pine Dr.
* Sea Oaks - Sewer Plant Building - 3339 Cardinal Drive
* North County WWTP Building - Hobart - 5150 77th St.
* Sewer Plant - Vista Gardens - So. U . S. #1, Service Rd. &
& McKee Jungle
* Gifford Sewer Plant and Building - 3550 49th St.
* Vista Royale Sewer Building - Woodland Dr.
* WWTP Plant Building, Mobile Trailer/Lab/Office - 8405 8th
* Rivers Edge Sewer Plant Building - SR505, Roseland Rd.
* (2) Water Plant/Storage Tanks - 8870 Jungle Trail - North
* Water Plant & Misc. Equip. We 5770 Bent Pine Dr.
UTILITY DEPARTMENT SAYS ITS GONE
* Ixora Warehouse Building - 180 SW 27th Ave.
* Hobart Landing Water Plant Building - 79th St. & U.S.#1
* R.O. Water Plant - 1550 9th St. S.W.
The remaining county-owned facilities were determined to be public oriented and
were evaluated for accessibility by the Buildings and Grounds Division using the
recently published Americans With Disabilities Act Accessibility Guidelines and
the Florida Accessibility Requirements Manual whichever was more stringent.
The Buildings and Grounds Division concentrated on the areas within the travel
route to the county facility or program taking a pro-active position on low cost
and readily achievable structural changes. The accessibility of the employee
areas of the public oriented facilities will continue to be monitored and addressed
on a case by case basis when an employee requests a reasonable accommodation
to a disability.
The following pages consist of those county-owned facilities that were evaluated
for accessibility, a list of items by facility that do not comply with the Americans
With Disabilities Act Accessibility Guidelines or the Florida Accessibility
Requirements Manual, a brief description of how those items can be corrected,
the estimated cost of compliance, and an estimated date of completion. The
priority of each non-compliance item is reflected in the date of completion column
and each item will be completed expeditiously as possible during the specified
fiscal year. In summary, FY 1993 has-an estimated compliance cost of $32,030,
FY 1994 has an estimated compliance cost of $19,755, and FY 1995 has an
estimated compliance cost of $13,830. It should be noted that this transition
plan will always be changing to reflect items brought into compliance and
subsequently dropped from the plan as well as new non-compliance items brought
to the county's attention and subsequently added to the plan. In addition to the
structural items identified in the transition plan and their estimated costs,
non-structural items not required by the transition plan but required by other
applicable 28 CFR, Part 35 Sections may have to be purchased by the county,
thereby increasing the previously stated compliance costs. Those non-structural
items may include tele-communications devices for the deaf (TDDs), public
notices, Braille printers, and specialized services such as sign language
interpreters. Of course, all of the structural and non-structural items stated
above will be properly maintained and continuously monitored to ensure
accessibility for the disabled.
As required by this federal law, the transition plan must include comments from
disabled individuals and organizations and other interested citizens. To receive
comments, the County conducted two public workshops. The first public
workshop was conducted on Thursday, July 30, 1992 and the second workshop
was conducted on Friday, August 28, 1992. After receiving and taking into
consideration the public's input, the transition plan was finalized and brought to
the Board for formal approval on Tuesday, September 15, 1992.
The County Administrator's Office conducted the first public workshop on July
30, 1992 to receive public comments concerning the County's proposed transition
plan. Approximately 16 people attended this hour long workshop.
Below is a brief synopsis of what has transpired between the July 30, 1992
public workshop and the August 28, 1992 workshop.
1) County staff determined that ADA required signage and their corresponding
costs should be a part of the proposed transition plan. Therefore, the
plan reflects those costs and the county will prepare a comprehensive
master signage plan that meets ADA requirements for all county facilities.
2) Neil Duval, representing the county's disabled community, inspected the
County Administration Building, the new Health Department Building, and
the Main Library for ADA compliance. His comments are included in the
proposed transition plan.
3) The term "structurally impractical" has been removed from the proposed
plan and replaced with the term "technically infeasible" which means where
application of the ADAAG standards would involve removal of a load-bearing
structural member or where existing physical or site restraints prevent
compliance while cost is not a factor. In addition, the proposed transition
plan was changed to reflect that the areas that are considered to be
technically infeasible by the county's Buildings and Grounds staff to
structural changes will be altered to comply with ADA requirements to the
maximum extent feasible.
4) Since most of the county's fire stations have some sort of public gatherings
on a regular basis such as voting precincts, and community meetings, it
was determined that all fire stations be considered public facilities rather
than non-public facilities and therefore included in the proposed transition
plan.
5) The estimated costs have been increased for each of the fiscal years due to
more non-compliance items and details being added to the plan.
The County Administrator's Office conducted the second public workshop on
August 28, 1992 to receive public comments concerning the proposed transition
plan. Approximately seven people attended this 45 minute! workshop.
Below is a brief synopsis of what has transpired between the August 28, 1992
workshop and the September 15, 1992 Board of County Commissioners' public
discussion on this topic.
1) County staff has clarified the date of completion column by placing a fiscal
year in the column such as FY 1992-93 rather than a specified date such as
10-1-93. This signifies that each non-compliance item will be completed
expeditiously as possible during that specified fiscal year and before the
January 26, 1995 deadline.
2) It has been determined that the accessibility of all county voting places has
been addressed and will continue to be addressed by the Supervisor of
Elections.
\D\transit. pin
ADA COMPLIANCE
TRANSITION PLAN
BUILDING: County Administration Bldg. FAC.LITY CODE: 1001
BUILDING ADDRESS: 1840 25;h S:..
RESOLUTION `
I
1. Doors are not easily Adjust or replace ( $ 3400 ` FY 92-93
opened. (34) door closures i
2. Doors do not have Install lever lock- $ 3400 FY 93-94
lever handles (34) sets on. hallway doors
3. Accessible Signage Install signage ; $ 2000 ' FY 92-93
for 34 doors
4. Counters too high Install shelves in 5 ' $ 500 FY 93-94
5 locations locations
5. Entrance door opening i Rework (3) entrance i $9,000 FY 92-93
(3) unaccessible doors and closers
6. The 96" wide parking Restripe ' $ 500 FY 94-95
spaces do not have a
60" access aisle
t
7. Assistive listening Purchase portable $1200 ; FY 92-93
not provided in Chambers assistive listening
system
I I J
1 i l
NOTE: SURVEYS WERE DONE ON ALL DEPARTMENTS LISTING ABOVE REPRESENTS
COLLECTIVE FINDINGS
0
ADA - NEIL DUVAL
AUGUST 12, 1992
Commission Entrance Doors - rework - opening pressure and width
2 toilet stalls - no accessibility
No grab bars
Sink access - knee space
Mr. Duval's recommendation -
Eliminate 1 toilet
Make 1 big toilet
Add grab bars
Eliminate inside door
Threshold grind angle on front
Tables - restrict access/doors heavy and hold open
Slope O.K.
Podiums - O.K.
Recommend ramp from Diaz down to floor
Recommend rear row of chairs out
Commission Office -
Waiting Area - reduce furniture for turnaround space
Cafeteria -
Rack to high - access - icecream to chip rack
Eliminate chairs and tables in seating area
Water fountain - Need cup dispenser
Water fountain - need cup dispenser
Tax Collector -
Doors - opening pressure
Counters to high - recommend one or lower two
Elections -
Lever locks
Counters to high
Recommend - remove end section of counter with knee space
Tax - Tag Office -
Lower counter for accessibility
Remove ropes
Property Appraiser -
Front doors - opening pressure - measure
Southeast doors - pressure - measure
Signage - with blue print of floor (we have)
Planning/Zoning and Building Dept. -
Counters - Bldg. Dept. O.K.
Counters - Planning Dept. - to high
Utilities hallway door knob to high - need lever type
Pay counter - to high
Recommend - Lower area for payment of bills
North Entrance - exterior
Door width - to narrow - rework
1st Floor Men's Room -
Restroom - Threshold height - grind slope
Unacceptable depth of stall - no access
Sink - O.K.
Urinal rails to close to wall
Doors
Extinguisher mounting height - good standards
Restrooms - Men's lst floor - urinal not accessible
toilet,good model
Restroom - door heavy/hard
minimum clearance - w/door and lavatory
lever handle faucets - 1 sink
toilet accessible - O.R.
Ramp - width to narrow at parking lot
BUILDING: Courthouse
BUILDING ADDRESS. 2145 14th Avenue
NON COMPLIANCE
ITEM
1. No signs available at
entrances
2. No signage/restrooms
3. Doors do not have lever
handles
4. Doors are not 32" wide
RESOLUTION
Install signage
Install signage
Install lever door
locksets as required
Technically
infeasible
15. No grab bars/restrooms Install grab bars
CIVIL
1. Entrance door handles Install lever door
are not lever action locksets
type
2. Counters too high to Install shelf
serve individuals in
wheelchairs
RECORDING
1. Entrance door handles are Install lever door
not lever action type locksets
2. Counters too high to Install shelf
serve individuals in
wheelchairs
FACILITY CODE: 7001
DATE OF
COST COMPLETION
$500 FY 92-93
$500 FY 92-93
$1000 FY 93-94
BUILDING: Courthouse Annex
BUILDING ADDRESS: 2145 14th Ave.
NON COMPLIANCE
ITEM
}1. Signs are not available
at entrances
2. No signage/restrooms
3. Doors do not have lever
handles (10)
4. Restrooms are not large
enough for wheelchair
turnaround
5. No grab bars
6. Door closers on entrance
doors
7. Doors are not 32" wide
�8. Stall doors are not
I 32" wide
i
i
I
ADA COMPLIANCE
TRANSITION PLAN
VACILITY CODE: 7002
Install signage (6)
Install -lever handles
Technically
infeasible
Install grab bars
Replace door closers
Technically
infeasible
1t i
DATE OF
COST COMPLETION
I
$180 FY 92-93
$1000 FY 93-94
I
N/A I
BUILDING: State Attorney
BUILDING ADDRESS: 2101 15th Ave.
(1. The 96" parking spaces
do not have 60" access
aisle
2. No signs showing
accessibility
3. No signage/restrooms
4. No lever handles on
doors
5. Restrooms are not large
enough for wheelchair
6. No grab bars
7. Entrance door closer
unaccessible
8. Stall doors are not 32"
wide
9. Entrance door handles
are not 'Lever action I
type j
ADA COMPLIANCE
TRANSITION PLAN
Restripe parking
space
Install signage
Install lever door
handles
Technically
infeasible
Install grab bars
Replace door closer
Alter doors
Replace door handles
FACILITY CODE: 7003
N/A
5300
5400
X500
>200
ADA COMPLIANCE
TRANSITION PLAN'
BUILDING: HRS BUILDING FACILITY CODE: 6002
BUILDING ADDRESS: 1900 27th St.
NON COMPLIANCE
TTFM
i. voors are not easy to
open (8 lbs. pressure)
2. Accessible Signage
3. Threshold is more than
than 1/2" high
L' 1 7J- 7Y
BUILDING: Old Health Building
BUILDING ADDRESS. St. Lucie Avenue
1. The 96" wide parking Restripe
spaces do not have a
60" access aisle
2. No signs showing Tenant
accessibility
3. Path of travel is not "
large enough for wheel-
chairs
4. No signage/restrooms "
5. Doors do not have lever "
handles
6. Doors are not 32" wide "
7. Restrooms are not large "
enough for wheelchair
turnaround
8. Stall doors are not 32"
wide
9. No grab bars
FACILITY CODE: 6001
NOTE: Some hallways are wide enough, some are not
There is a ramp but no landing at doorway
BUILDING: Purchasing Warehouse
BUILDING ADDRESS: 19th Avenue
1. The parking spaces near
entrance
2. Door handle is not easy
to grasp
3. Door is not easy to
open (8 lbs. pressure)
4. Accessibility signage
5. Path of travel is not
wide enough for wheel-
chair turnaround
FACILITY CODE: 1002
Provided off` site
Adjust closer
pressure replace if
required
Install signage
Move furniture
DATE OF
COST , COMPLETION
ADA COMPLIANCE
TRANSITION PLAID
BUILDING: Road & Bridge, New Office Complex FACILITY CODE: 9002
BUILDING ADDRESS: 462i 41st St.
NON COMPLIANCE
TTFM
L. The 96" parking spaces
do not have 60" access
aisle
'.. Accessibility signage
�. Obstacles stick out more
than 4"
No signage/restrooms
Doors do not have lever
handles
BUILDING: 200
BUILDING ADDRE
Building
c• )nnl Q+ -i, nl,e
FACILITY CODE:
uti i n ur
COMPLETION
BUILDING: Sheriff's Department
BUILDING ADDRESS: 4050 41st St.
NON COMPLIANCE
ITEM
1. The 96" parking spaces
do not have 60" access
aisle
2. No signage/restrooms
3. No lever on handles
(12)
4. Restrooms are not large
enough for wheelchair
turnaround
5. Doors in hallway hard
to open
6. Entrance door closers
7. Stall doors are not 32"
wide
8. Restrooms are not large
enough for wheelchair
turnaround
FACILITY CODE: 3004
RESOLUTION COST
Restripe spaces to $ 300
allow access aisle
Install signage j $1000
Public restrooms r
Install lever handles $2000
locksets (12)
Technically
infeasible
Adjust/replace door $1300
closers (12)
Replace entrance door $ 400
closer
Alter doors
Technically
infeasible
rr^Y 92-93
BUILDING: Rockridge Community Center FACILITY CODE: 8003
BUILDING ADDRESS: 500 16th St.
NON COMPLIANCE DATE OF
ITEM RESOLUTION COST COMPLETION
1. The 96" parking spaces Impractical to N/A
do not have 60" access provide
aisle.
2. No signs showing Impractical to N/A
accessibility provide -
3. Door do not have lever i Install lever $200 FY 93-94
handles handle locksets
4. Restrooms are not large Technically N/A
enough for wheelchair infeasible
turnaround
5. No signage/restrooms Not accessible
Install signage $100 FY 92-93
6. No parking spaces near Impractical to
bldg. entrance provide
7. No signage at entrances Not accessible
8. No grab bars in stalls ' Install grab bars $ 80 FY 93-94
9. Threshold is more than Install lower $ 50 FY 93-94
1/2" high threshold
10. Entrance door handles Install lever handle $100 FY 93-94
are not lever action locksets
type
NOTE. No accessible parking are near the main building entrance, all
grass area is not paved.
BUILDING: Roseland Women's Club
BUILDING ADDRESS: 510 Bay St.
FACILITY CODE: 8002
NON COMPLIANCE
ITEM RESOLUTION
1. The 96" parking spaces Impractical to
i do not have 60" access provide paved parking
aisle
2. Clearance of entrance Install 36" door
doorway is not 32" wide,
south entrance
3. Entrances do not have Improve entrances
50% accessibility
4. Signage is not available Install signage
at entrances
5. No signage/restrooms Install signage
6. Doors do not have lever Install lever handle
handles door handles
7. Restrooms are not large Technically
enough for wheelchair infeasible
turnaround
8. No grab bars Install grab bars
9. Soap dispensers are more Lower soap dispensers
than 48" from floor
bulLviNu. Main Library
BUILDING ADDRESS. 1600 21st St.
FACILITY CODE: 5,003
NON COMPLIANCE 0 DATE OF
ITEM RESOLUTION COST COMPLETION
1. The 96" parking spaces Restripe spaces (5) $500 FY 94-95
do not have 60" access
aisle
2. Path of travel is not Rearrange furnishings FY 92-93
wide enough for wheel-
chair
3. Doors do not have lever Replace effected $800 FY 93-94
handles (8) handles
4. Restrooms are not large Technically N/A
enough for wheelchair infeasible
turnaround
5. Obstacles stick out more Move furniture
than 4"
6. Soap dispensers are more Lower soap FY 93-94
than 48" from floor dispensers
NOTE: 1. Fire Extinguisher boxes stick out more than 4".
2. When outside door is open, theres not enough
room to get past inside passage way
BUILDING: North County Community Library
BUILDING ADDRESS: 1001 Fellsmere Road
1. The 96" parking spaces
do not have 60" access
aisle
2. No signage/restrooms
FACILITY CODE: 5002
DATE OF
COMPLETION
ADA COMPLIANCE %
TRANSITION PLAN
BUILDING: Ma 'on Fell Library (Historical) FACILITY CODE: 5004
i
BUILDING ADDRES 9 North Cypress Street
NON COMPLIANCE / DATE OF
ITEM RESOLUTION COST COMPLETION
1. The 96" wide parkin Provide parking $100 FY 92-93
spaces do not have 6 (signage)
access aisle
2. No signs showing \1be
ignage $100 FY 92-93
accessibility
i3. Doors do not have lever ever handle $200 FY 93-94
handles 4. Restrooms are not large llyenough for wheelchair eturnaround
5. No grab bars gra bars $100 FY 94-95
6. Soap dispensers are ap dis ensers 0 FY 93-94
more than 48"from floce'rI
NOTE:'. No paved parking
BUILDING. Main Ambulance Squad FACILITY CODE: 4001
BUILDING ADDRESS. 1727 17th Avenue
1. The 96" parking spaces
do not have 60" access
aisle.
RESOLUTION
Restripe 1 handicap
space
2. No signage/restrooms Install approved
signage
3. Doors do not have Replace door handles
lever handles as required
4. Restrooms are not.large Technically
enough for wheelchair infeasible
turnaround
5. No grab bars for Install bars
stalls
6. Soap dispensers are Lower soap
more than 48" from dispensers
floor
7. Stall doors are not 32" Technically
wide infeasible
8. Doors are not 32" wide "
type
TRAINING ROOM
1. Entrance door handles Install lever
are not lever action handle locksets
type
BUILDING. Med #2
BUILDING ADDRESS: 3351 Indian River Blvd.
FACILITY CODE.
NOTE: 6" step at door entrance, sidewalk is not 36" wide
Step at front door is 6" high
BUILDING: Fire Station #1 FACILITY CODE: 4008
BUILDING ADDRESS: 1500 Old Dixie Highway
BUILDING: Fire Station #2 FACILITY CODE: 4003
BUILDING ADDRESS: 5 Beachland Blvd.
BUILDING: Fire Station #3 FACILITY CODE: 4007
BUILDING ADDRESS: 2900 43rd Avenue
1. The 96" wide parking Restripe $300 FY 94-95
spaces do not have a
60" access aisle.
10 spaces total
2. No signs showing Install signage $200 FY 92-93
accessibility
3. Doors are not easy to Replace door $100 FY 93-94
open (8 lbs) closer
4. Entrance door handles Install lever $300 FY 93-94
are not lever action handle locksets
type
5. 5" step at front door Install ramp $200 FY 94-95
BUILDING: Fire Station #4
BUILDING ADDRESS: 1500 9th St. S.W.
FACILITY CODE: 4010
NOTE: Combination lock on door locked at all times
BUILDING: Fire Station #5
BUILDING ADDRESS: 6586 U.S. #1
ADA COMPLIANCE
TRANSITION FLAN
FACILITY CODE: 4009
NON COMPLIANCE DATE OF
ITEM RESOLUTION COST COMPLETION
1. The 96" wide parking Restripe $200 FY 94-95
spaces do not have a
60" access aisle.
2 spaces
2. Doors are not easy to Replace door closer $100 FY 93-94
open (8 lbs)
3. No signage/entrances Install signage $100 FY 92-93
4. Entrance door handles Install lever $200 FY 93-94
are not lever action handles
type
5. 5" step at door Install ramp $300 FY 94-95
NOTE: Combination lock on door
BUILDING: Fire Station #6
BUILDING ADDRESS: 101 S. AlA
FACILITY CODE: 4002
NON COMPLIANCE
ITEM RESOLUTION C
1. The 96" wide parking Restripe $300
spaces do not have 60"
access aisle.
2. No signage/entrances Install signage $200
3. Entrance door handles Install lever handle $200
are not lever action locksets
type.
4. Threshold is 1 1/2" high Replace threshold $ 50
BUILDING: Fire Station #7 FACILITY CODE: 4006
BUILDING ADDRESS: 1215 82nd St.
WAI m ur
COMPLETION
r Z 7Y-77
BUILDING. Fire Station #8 FACILITY CODE: 4012
BUILDING ADDRESS: 1115 Barber St.
NON COMPLIANCE
ITEM
1. The 96" wide parking
spaces do not have a
60" access aisle.
2. No signage/entrances
3. Entrance door handles
are not lever action
type
RESOLUTION
Restripe
Install signage $200
Install lever handle $200
locksets
NOTE: Combination lock. Locked at all times
BUILDING: Fire Station #9 FACILITY CODE: 4005
BUILDING ADDRESS: 1640 U.S. #1
r'Y V4-Vb
ivvrJ,: trarxing space on side hill, to much pitch
Steep ramps and stairs
Combination locks, not enough room to open and get wheelchair by
BUILDING: Roseland Fire Dept. FACILITY CODE:
BUILDING ADDRESS: 129 Ct., Roseland
NON COMPLIANCE
ITEM
1. The 96" wide parking
spaces do not have a
60" access aisle.
10 spaces
2. No signs showing
accessibility
3. Doors are not easy to
open (8 lbs)
4. Entrance door handles
are not lever action
type
5. Doors - 20 lbs.
6. Lip inside doorway is
2" high
DATE OF
RESOLUTION COST COMPLETION
Restripe $300 FY 94-95
Install signage j $200 1 FY 92-93
Adjust door closer FY 93-94
Install ramp $100 FY 94-95
BUILDING: Vero Lakes Estates Fire Dept. FACILITY CODE:
BUILDING ADDRESS: 9448 82nd St.
NON COMPLIANCE DATE OF
ITEM RESOLUTION COST COMPLETION
I. The 96" wide parking Restripe $300 FY 94-95
spaces do not have a
60" access aisle.
9 spaces
2. Clearance of doorway is Provide alternate 0 FY 94-95
not 32" wide. North entrance
entrance
3. Doors are not easy to Replace door closer $100 FY 93-94
open
4. Path of travel is -not Non-public area
large enough for wheel
chair
5. Door sticks - 15 lbs. Adjust door closer FY 93-94
6. Front door 3" step Install ramp $200 FY 94-95
BUILDING: Fellsmere Fire Department FACILITY CODE:
BUILDING ADDRESS: 68 North Broadway
BUILDING. Winter Beach School FACILITY CODE.
BUILDING ADDRESS: Wabassso, U.S. #1
NON COMPLIANCE
ITEM RESOLUTION
1. The 96" wide parking Install handicap
spaces do not have a parking space
60" access aisle
2. No signs showing Tenant.
accessibility
3. Door are not easy to VI
open
4. No signage/restrooms
5. Path of travel is not
wide enough for wheel- "
chairs
6. Doors do not have lever "
handles
7. Doors are not 32" wide
8. Restrooms are not large
enough for wheelchair "
turnaround
It
IV
BUILDING: Winter Beach School continued FACILITY CODE:
BUILDING ADDRESS: Wabasso, U.S. #1
BUILDING: Douglas Elementary School FACILITY CODE:
BUILDING ADDRESS: Broxton Road
NON COMPLIANCE
ITEM RESOLUTION
1. The 96" wide parking Install handicap
spaces do not have a parking space
60" access aisle
2. No signage/entrances Tenant
3. No signage/restrooms it
4. Doors do not have lever It
handles
5. Restrooms are not large it
enough for wheelchairs
6. Stall doors are not 32" "
wide
7. No grab bars Is
8. Entrance door handles it
are not lever action
type
9. Path of travel is not •'
wide enough for wheel-
chairs
BUILDING: Tax Collector-Walmart Plaza FACILITY CODE: 2004
BUILDING ADDRESS: Walmart Plaza, U.S #1
BUILDING. Elections, Prop. App. & Veterans FACILITY CODE. 2003
BUILDING ADDRESS. Walmart Plaza, Sebastian
UATE Ur'
COMPLETION
r s f4 -y5
BUILDING: North County Sheriff's Office
BUILDING ADDkESS: 710 Washington Plaza
A
FACILITY CODE: 3005
r'Y 51-93
BUILDING: Wabasso Beach Park FACILITY CODE:
BUILDING ADDRESS: 510 Causeway
NOTE: 1. Dirt parking only
2. No restrooms
ADA COMPLIANCE
TRANSITION PLAN
BUILDING: Tracking Station
BUILDING ADDRESS: 800 46 Place, AlA
FACILITY CODE:
1. The 96" parking spaces
- . - 1 L - - - - I „ 11 - -. - -
NOTE: 1. Pavilions not accessible
2. Life quard station, not accessible
3. Bathrooms - no handles
4. Grass access only, no paving to site
BUILDING: Golden Sands Park
BUILDING ADDRESS: 1350 N. AlA
L. The 96" wide parking
spaces do not have 60"
access aisle
tESTROOMS
No.signage
Restrooms are not large
enough for wheelchair
turnaround
FACILITY CODE:
NOTE: 2 pavilions have concrete walks going to them
C'Y V4- Ob
ADA COMPLIANCE
TRANSITION PLAN
BUILDING: Dale Wimbrow Park FACILITY CODE.
BUILDING ADDRESS: 12305 Roseland Rd.
own li VlRrLltft\VL.
ITEM
RESTROOMS
Restrooms are not large
enough for wheelchair
turnaround
Dirt parking - no paved
areas
Pavilions - dirt and
grass
NOTE: Restrooms - no doors or dispensers
VATh; Ur'
COMPLETION
BUILDING: Round Island Park
BUILDING ADDRESS: 2200 S. AIA
NON COMPLIANCE
ITEM
1. The 96" wide parking
do not have 60" access
aisle
2. No signs showing
accessibility
Provide
sign for
parking
Install signage
NOTES: No paved parking
2. No restrooms
3. No seats at Pavilion
FACILITY CODE:
a
ADA COMPLIANCE
TRANSITION PLAN
BUILDING: Gifford Park FACILITY CODE:
BUILDING ADDRESS: 4680 43rd Ct.
NON COMPLIANCE DATE OF
ITEM RESOLUTION COST COMPLETION
1. The 96" wide parking Provide signage for $100 FY 92-93
spaces do not have 60" parking
access aisle
2. No signs showing Install signs $100 FY 92-93
accessibility
RESTROOMS
1. No signage Install signage $100 FY 92-93
2. Restrooms are not large Technically N/A
enough for wheelchair infeasible
turnaround
CONCESSION STAND
1. No signage/restrooms Install signage $100 FY 92-93
2. Doors do not have lever Install lever $200 FY 93-94
type handles locksets
3. Restrooms are not large
enough for wheelchair
turnaround Reverse door swing $200 FY 93-94
4. No grab bars in stalls Install grab bars $125 FY 93-94
5. No way to get wheelchair Provide paved walk $500 FY 94-95
up ramp. 6" or more step to building
all the way around
NOTE: 1. No way to get wheelchair up ramp. 6" or more step all the
way around. No path to it. Provide paved walk to building,
COST: $500
ADA COMPLIANCE
TRANSITION PLAN
BUILDING: Wabasso Beach Causeway FACILITY CODE:
BUILDING ADDRESS. 1820 AlA
The 96" wide parking
spaces do not have 60"
access aisle
1. No signage
0
BUILDING: Blue Cypress Park FACILITY CODE:
BUILDING ADDRESS: 7400 Blue Cypress Road
NOTES: 1. Dirt parking only
2. No pathways to Pavilions, grass only
BUILDING: Kiwanis Hobart Park FACILITY CODE:
BUILDING ADDRESS.
NON COMPLIANCE DATE OF
ITEM RESOLUTION COST COMPLETION
OFFICE
1. The 96" wide parking Install sign for $100 FY 92-93
spaces do not have 60" space
access aisle
2. No signage/entrances Install signage $100 FY 92-93
SWIM LAKE
1. No signage/restrooms Install signage $100 FY 92-93
KIWANIS HOBART PARK
1. No signage/restrooms Install signage $100 FY 92-93
2. Restrooms are not large Technically N/A
enough for wheelchair infeasible
turnaround
3. No grab bars in stalls "
4. Stall doors are not 32" "
wide
CONCESSION STAND
1. No signage/restrooms Install signage $100 FY 93-94
2. Doors do not have lever Install lever door $100 FY 93-94
handles locksets
3. No grab bars in stalls Install grab bars $100 FY 94-95
NOTE: 1. Picnic pavilions - dirt parking, no designaged area
2. 2" -step to get into restrooms. WILL INSTALL RAMP $25.00
AMERICANS WITH DISABILITIES ACT (ADA)
COMPLAINT RESOLUTION PROCEDURE
1) If a member of the general public believes that they have been
discriminated against on the basis of a disability by the County, that
person or his authorized representative may submit a written complaint to
the County's ADA Coordinator at 1840 25th Street, Vero Beach, Florida
32960. The written complaint must include the following four items: 1 )
the name and address of the individual or authorized representative filing
the complaint; 2) a detailed description of the county's alleged
discriminatory action including the nature and date of the alleged violation;
3) a signature of the complaintant or the authorized representatives 4) a
description or identification (by name, if possible) of alleged victims of
discrimination if the complaint is filed on behalf of a class of individuals.
The written complaint must also be submitted within 180 days from the date
of the alleged discrimination unless a good cause for the delay can be
demonstrated to the ADA Coordinator.
After the complaint has been received, the ADA Coordinator will review the
complaint and attempt to resolve it promptly and equitably. The
Coordinator will respond to the complainant in writing within ten business
days from the date the complaint was received by the Coordinator with the
action to be taken .
2) If the complaint cannot be resolved to the satisfaction of the complainant by
the ADA Coordinator, the complainant may forward the written complaint to
the County's ADA Compliance Committee at 1840 25th Street, Vero Beach,
Florida 32960 within five business days of receiving the Coordinator's
written response. This informal County committee is composed of the ADA
Coordinator, Personnel Director, Deputy County Attorney, Buildings and
Grounds Superintendent, Building Department Director, and a member of
the disabled community, or their designees. This committee will review the
complaint and attempt to resolve it promptly and equitably. The Committee
wilt respond to the complainant in writing within ten business days from the
date the complaint was received by the Committee with the action to be
taken.
3) If the complaint cannot be resolved to the satisfaction of the complainant by
the ADA Compliance Committee, the complainant may forward the written
complaint to the County Administrator at 1840 25th Street, Vero Beach,
Florida 32960 within five business days of receiving the Compliance
Committee's written response. The Administrator will review the complaint
and attempt to resolve it promptly and equitably. The Administrator will
respond to the complainant in writing within ten business days from the
date the complaint was received by the Administrator with the action to be
taken .
4) If the complaint cannot be resolved to the satisfaction of the complainant by
the County Administrator, the complainant may forward the written
complaint to the County Administrator's office at 1840 25th Street, Vero
• �. •"nX -3G
Beach, Florida 32960 within five business days of receiving the County
Administrator's written response. The Administrator will place the
complaint on the next available Board of County Commissioners' agenda.
After the Board hears the complaint, the Board will make the final decision
without further right to administrative appeal.
5) A record of the complaint and the action taken at each step will be
maintained as the official record in the ADA Coordinator's office.
6) A complaint not advanced to the next higher step within the specified time
limits shall be deemed permanently withdrawn and as having been resolved
on the basis of the decision most recently given. Failure on part of the
County's representative to respond within the specified time limit will entitle
the complainant to proceed to the next step.
0
In order to provide citizens with information concerning the
Community Development Block Grant (CDBG) program, Indian River
County will take the following actions:
a. Make available to the public, in a reasonable
and timely manner, information concerning the
amounts of funds available for various
activities and the range of activities that
may be undertaken.
b. Provide citizens with adequate notice of
public hearings, which are to be held at times
and locations convenient to potential or
actual beneficiaries, and with accommodation
for the handicapped. If a significant number
of non-English speaking residents could
reasonably be expected to attend a public
hearing, an interpreter will be provided for
the language expected to be represented.
C* If any party representing low to moderate
income persons requests assistance for
developing a proposal for the CDBG, the
governing body shall determine the eligibility
of the proposed activity. If such activity is
eligible for funding, the party's ideas will
be discussed at the First Public Hearing in
the CDBG application or amendment stage.
Information available from the state regarding
the application process will be provided to
interested parties.
d. Hold at least one Public Hearing to obtain the
views of citizens on community development
needs.
e. A citizen advisory task force shall be
established (composed of citizens of the
jurisdiction) to provide input relative to all
phases of the project process. Residents of
low and moderate income neighborhoods shall be
included in this task force. The task force
members will be appointed by the governing
body before the Second Public Hearing on the
project. Members may be reappointed as a
standing committee.
The task force will meet at its discretion and
will offer recommendations as it deems
appropriate.
f. Develop and publish a summary of the proposed
application that will provide citizens with an
4A 14'a Jr a
N
opportunity
to examine
its contents
and
submit
their
comments.
g. Consider any comments and views expressed by
C
itizens on the proposed application and, if
appropriate, modify the proposed application.
h. Hold at least one Public Hearing to obtain the
views of citizens on the final application
prior to its submission to the department.
i. Hold at least one Public Hearing during the
grant implementation process to review the
program performance. This may be combined
with the Public Hearing on amendments, if any
such hearings are required.
The following Complaint/Grievance Procedure will be followed for
the CDBG program.
a. Complaints or grievances may be filed by local citizens,
property or business owners, or their representatives, on
the basis of their belief that the CDBG program design or
implementation is inappropriate or illegal based upon
such factors as environmental considerations or civil
rights.
b. Complaints shall be issued in writing to the chief
elected official within 30 days of the perceived problem
and delivered or mailed to the official address of the
County.
c. The County shall investigate the complaint/grievance and
respond in writing within 15 days, although conclusion of
the matter may take more than 15 days.
d. The investigation may be performed by local officials,
staff, consultants, the citizen advisory task force, or
others as determined appropriate by the County.
e. If the party filing the complaint or grievance is not
satisfied with the response, they may appeal to the
Florida Department of Community Affairs.
f. Nothing in this policy shall prohibit a person from
filing a complaint with HUD or any regulatory agency or
court. Housing discrimination complaints may be filed
directly by calling the discrimination hotlines.
HUD: 1-800-424-8590
State. 1-800-342-8170
Approved by Board of County Commissioners this 14th day of March
1995. •-
FF
Idd
dd
a'Yenneth,'R.IZacht,, Chairman
Board of`County Commissioners
IA
Attests s ;
.Jef=frey �, =K C ton,. Clerk
a
Itu\v\s\irco2 cpp.
I If
R
I. General Policy . . . . . . . . . . . . . . . . . 2
A. Applicability . . . . . . . . . . . . . . . 2
Be Procurement Law and Regulations . 2
II. Procurement Standards. . . . 3
A. General Standards . . . . . . . . 3
Be Competition . . . . . . . . . . . 3
III. Procurement Administration 4
A. Efficiency Review 4
Be Performance Review. . . . . . . . . . . . . 5
Co Records . . . . . . . . . . . . . . . . . 5
D. Written Agreements. . . . . . . . . . . . . 5
Eo Authorizations, . . . . . . . . . . . . . . 6
IV. Procurement Classifications. . . . . . . . . . . . 6
A. Simple. . . . . . . . . . . . . . . . . . 7
Be Intermediate. 0 0 7
cc Formal. . . . . 0 8
V. Solicitation and Award 0 . . . . . . . . . 9
A. Invitation for Bids 0 9
Be Request for Proposal. 0 9
Co Advertising . . . . . . . 10
D. Evaluation. . . . . . . . 11
E. Multiple Service Awards . . . 13
VI. Exceptions . . . . . . . . . . . 13
VII. Affirmative Action/Equal Opportunity . . . 14
VIII. Contracts. . . . . . . . . . . . . . . . . . . . 16
IX* Code of Conduct. . . . . . . . . . . . . . . . . . 16
X. Protests . . . . . . . . . . . . . . . . . . . . 17
Appendix A . . . . . . . . . . . . . . . . . . . . . . 19
Appendix B 0 0 0 . 0 0 0 0 . . . 0 . 0 0 0 0 0 . 0 0 . 23
I. GENERAL POLICY
A. APPLICABILITY
These procurement policies establish procedures and
guidelines that shall be used for the purchase or procurement of
personal property, supplies, equipment, and services for CDBG
programs and projects. All procurement shall be accomplished in
compliance with applicable state and federal law. The purpose of
these procedures is to facilitate the determination of the most
efficient and economical means of securing commodities and services
without sacrificing necessary control and good purchasing practice.
Be PROCUREMENT LAW AND REGULATIONS
Laws relative to the procurement process, in general, may be
found in Chapter 287, Fla. Stat. The provisions of these
procurement procedures shall not be construed to conflict with or
supersede the requirements of S. 287.055, Fla. Statutes, 24 Code of
Federal Regulations CFR Section 85.36, or any other applicable
state or federal laws or regulations. In regard to procurement of
commodities or services in connection with Community Development
Block Grants, the U.S. Department of Housing and Urban Development
(HUD) grant administration regulations relating to procurement are
promulgated in Handbook 1300.17, This Handbook reprints the Office
of Management and Budget (OMB) Circular A-102, Attachment O, which
pertains to procurement standards and is hereby incorporated by
reference. Future state or federal regulations applicable to
procurement under the CDBG Program shall supersede and/or
supplement this policy.
II. PROCUREMENT STANDARDS
A. GENERAL STANDARDS
Except as otherwise provided by law, procurement awards shall
be made only on the basis of requirements and evaluation factors
that are directly related to the price, quantity, or quality of the
commodities or services or the ability of the prospective supplier
or contractor to perform under the agreement.
Procurement procedures prohibit the dividing of the
procurement of a good or service into a number of smaller groups in
order to avoid the more stringent requirements of a higher dollar
category (refer to s. 287.057(8), Fla. Stat. (1994 supp.)).
However, this provision is not to conflict with the provision of 24
C.F.R. s. 85.36(e) that the subgrantee take all necessary
affirmative steps to assure that minority firms, women's business
enterprises and labor surplus area firms are offered the
opportunity to participate to the maximum practicable extent.
Be COMPETITION
All procurement transactions will be conducted in a manner
providing full and open competition consistent with standards of
Section 85.36 of the C.F.R. Some of the situations considered to
be restrictive of competition include but are not limited to:
10 placing unreasonable requirements on firms in
order for them to qualify to do business,
20 requiring unnecessary experience and excessive
bonding,
3. noncompetitive pricing practices between firms
or between affiliated companies,
4o noncompetitive awards to consultants that are
on retainer contracts,
5* organizational conflicts of interest,
6. specifying only a "brand name" product instead
of allowing "an equal" product to be offered, and
7* any arbitrary action in the procurement process.
The inability to obtain more than one bid, price quote or
proposal shall not prohibit the approval of a purchase if other
prospective vendors or contractors have been given adequate notice
of the procurement and an opportunity to participate, and have
declined to submit bids, proposals or price quotes. The
declination to submit need not be in writing.
III. PROCUREMENT ADMINISTRATION
A. EFFICIENCY REVIEW
The Chief Elected Official, Clerk, other authorized
representative or employee who approves each purchase shall review
the proposed procurement to avoid unnecessary or duplicative items.
In order to obtain a more economical, efficient or effective
purchase, consideration shall be given to:
a) breaking out or consolidating purchases,
b) lease versus purchase alternatives,
C) interlocal agreements for purchases or use of common
d) use of federal or state surplus property,
e) value engineering reviews,
f) use of state or federal contracts for
materials and/or services.
B. PERFORMANCE REVIEW
Contracts shall specify a contract manager, appointed by the
local governing body, to ensure that the contractor performs in
accordance with the terms, conditions and specifications of their
contract or purchase order.
Co RECORDS
Appropriate arrangements shall be made for the generation and
maintenance of all files, records, and documentation necessary to
evidence the compliance with all requirements as delineated in this
document. All procurement shall comply with good purchasing
practices and with applicable local, state and federal regulations,
in a manner consistent with this document. A complete set of
records shall be maintained by the entity responsible for the
procurement for a minimum of 3 years. See section IB for
Any procurement of commodities or services costing $600 or
more shall be evidenced by a written solicitation embodying all
provisions and conditions of the procurement. This requirement for
written documentation may be met through preparation of a letter on
county or vendor letterhead, signed by the vendor and appropriate
elected and/or appointed official, stating such conditions and
applicable
laws
and regulations.
D.
WRITTEN AGREEMENTS
Any procurement of commodities or services costing $600 or
more shall be evidenced by a written solicitation embodying all
provisions and conditions of the procurement. This requirement for
written documentation may be met through preparation of a letter on
county or vendor letterhead, signed by the vendor and appropriate
elected and/or appointed official, stating such conditions and
terms as price, number of units of purchase (e.g.. ea., cs., bx.,
etc.) or product, delivery date, or when service is to begin, point
of delivery, specifications, etc. Any price quotes, warranties,
guaranties, certifications or contracts shall be attached and
filed.
E. AUTHORIZATIONS
Purchase orders or contracts shall be issued for all purchases
and must be signed by either the Chief Elected Official or the
department head approving the purchase. The local governing body
must authorize all purchases in excess of $2001.
IV. PROCUREMENT CLASSIFICATIONS
A. The following classifications are established:
PROCUREMENT PROCUREMENT DESCRIPTION
CLASS RANGE PROCUREMENT METHOD
1. $ 1- 600 simple procurement price checks/
simple purchase
2. $ 601-2000 intermediate informal
procurement competition,
written agreement
3. $ Over 2001 formal formal competition
procurement (bids or proposals)/
contract
Be SIMPLE PROCUREMENT (NOT MORE THAN $600)
Procurement is accomplished through simple purchase. Simple
procurement procedures are those relatively simple and informal
procurement methods that are sound and appropriate for a
procurement of supplies or other property, or services. Items or
services under $250 do not require written price quotes or
documented price checks. Appropriate notation of oral price quotes
should be made for costs ranging from $250-$600.
A reasonable and adequate number of price checks or quotes
should be made by phone, personal inspection, discussions with
vendors, etc., to ensure the highest quality product or service is
obtained for the least cost to the procuring entity.
C. INTERMEDIATE PROCUREMENT ($601 - $2,000)
Procurement is accomplished by obtaining three written price
quotes, when possible, or through informal negotiation if the item
or service is expected to cost less than $2,000. If the actual
cost exceeds $2,000, then the procurement must go to formal
procurement, as outlined in section D below. Files shall contain
documentation of competition. No advertising is required but all
procurement shall be evidenced by a written agreement embodying all
provisions and conditions of the procurement. This requirement for
written agreement may be met through preparation of a letter on
municipality or vendor letterhead, signed by the vendor or
appropriate elected and/or appointed official or representative,
stating such conditions and terms as price, number of units or
purchase (e.g.: ea., cs., bx., etc.) or product, delivery date or
7
when service is to begin, point of delivery, specifications, etc.
Any price quotes warranties, guaranties, certifications or
contracts shall be attached and filed.
D. FORMAL PROCUREMENT (REQUIRED OVER $2,001)
Formal Procurement includes the acquisition of commodities or
securing services that are expected to cost $2,001 or more, and
requires formal advertising and submission of competitive sealed
bids, sealed proposals, or competitive negotiation.
Sealed bids are publicly solicited and a firm -fixed-price
contract (lump sum or unit price) is awarded to the responsive
bidder who conforms to or exceeds all material requirements, terms
and conditions of the invitation for bids, and presents the lowest
reasonable price that meets requirements and needs.
Sealed Bidding shall be used unless the county's purchasing
manager certifies in writing that sealed bidding is not practicable
or advantageous, in which case procurement shall be based on sealed
proposals, or on competitive negotiation when required by Florida
Statutes.
The technique of competitive negotiation is normally conducted
with more than one source submitting a proposal for services with
either a fixed-price or cost -reimbursement type contract awarded.
It is generally used when conditions are not appropriate for the
use of sealed bids or proposals indicating fees. Florida Statutes
shall determine the manner in which such negotiations are performed
and the types of contractual services which are to be procured in
this manner.
Noncompetitive negotiation shall be used when other types of
procurement are infeasible (see paragraph VI).
V. SOLICITATION AND AWARD
A. INVITATIONS FOR BIDS
is capable of defining the scope of work for which a contractual
service is.required or when the procuring entity is capable of
establishing precise specifications defining the actual commodity
or group of commodities required.
2. Invitation to bid shall be a written solicitation for
sealed competitive bids with the title, date, and hour of the
public bid opening designated and which specifically defines the
commodity, group of commodities, or services for which bids are
sought. It includes instructions describing all conditions for
bidding and shall be distributed (or available) to all prospective
bidders simultaneously.
3. Sealed bids are required to be received at a specified
place not later than a specified
time and
1.
The invitation
being
to bid
is used when
the procuring
entity
is capable of defining the scope of work for which a contractual
service is.required or when the procuring entity is capable of
establishing precise specifications defining the actual commodity
or group of commodities required.
2. Invitation to bid shall be a written solicitation for
sealed competitive bids with the title, date, and hour of the
public bid opening designated and which specifically defines the
commodity, group of commodities, or services for which bids are
sought. It includes instructions describing all conditions for
bidding and shall be distributed (or available) to all prospective
bidders simultaneously.
3. Sealed bids are required to be received at a specified
with any instructions pertinent to the delivery of such bids may
place not later than a specified
time and
date.
Failure to comply
with any instructions pertinent to the delivery of such bids may
A request for proposals (RFP) shall be a written solicitation
for sealed proposals with the title, date, and hour of the public
opening designated. The request for proposals is used when (a) the
procuring entity is incapable of specifically defining the scope of
work for which the commodity, group of commodities, or contractual
result
in
their
being
rejected.
B.
REQUEST
FOR
PROPOSALS
(RFP)
A request for proposals (RFP) shall be a written solicitation
for sealed proposals with the title, date, and hour of the public
opening designated. The request for proposals is used when (a) the
procuring entity is incapable of specifically defining the scope of
work for which the commodity, group of commodities, or contractual
service is required and when it requests that a qualified offeror
propose a commodity, group of commodities, or contractual service
to meet the specifications of the solicitation document, or (b)
when quality of performance is to be the primary factor for
selection. With respect to competitive negotiations, a qualified
offeror shall refer to the provisions of s.287.055, Fla. Stat.
(1994 supp.).
A request for proposals includes, but is not limited to,
general information, applicable laws and rules, functional or
general specifications, statement of work, proposal instructions,
and evaluation criteria. Requests for proposals shall state the
relative importance of price and any other evaluation criteria.
C. ADVERTISING
The advertisement must be written in a clear, concise manner
and in a way which would invite competitive bidding. The
advertisement shall contain at least the following minimum
information.
1s time, date and location for receiving and opening
bids or proposals (the date shall not be less than
five (5) days after the final advertisement is
published),
2* general description of the commodity or item being
requested,
3e where and how detailed specifications and bid forms
(if applicable) may be obtained,
4e terms and conditions of the contract to be awarded,
5. criteria for selection of the vendor or contractor,
including the relative weight to be given to the
different factors, (See Appendix A).
6* other information relevant to evaluation and award (refer
to 24 C.F.R. s. 85.36(a)(3)(1)).
The request shall be advertised in a newspaper circulated
locally. If there are known local vendors of the desired product
or service, only a local newspaper is required. If vendors are not
local, a region newspaper shall be utilized. The advertisements
shall, as a minimum, allow one week for response, with two weeks
preferable. Those local newspapers targeting a minority audience,
and associations of women- or minority -based populations will be
contacted (if they are known) for distribution of the request.
Sealed bids or sealed proposals will be received at any time
during normal working hours prior to the time and date as
specified. Each proposal shall be annotated with the time and date
received. The bids or proposals shall be placed in the applicable
file and publicly opened and read at the time designated for the
bid opening.
D. EVALUATION
The contract shall be awarded to the lowest responsible and
responsive bidder or proposer whose bid or proposal most completely
meets the requirements and criteria set forth in the invitation for
bids or request for proposals.
The term "responsible bidder or proposer" refers to the
capability of a vendor or contractor to perform fully all aspects
of the contract. Financial capability, integrity, and reliability
of the bidder or proposer, all of which tend to ensure good faith
performance, shall be a criteria in evaluation of
responsibleness. The term "responsive bidder or proposer" means
a bidder who has submitted a bid or proposals which materially
conforms to all provisions of the specifications and the invitation
to bid or request for proposal.
Evaluation criteria and requirements for bids set forth in the
invitation for bids shall be used to determine the most responsible
and responsive bidder. A technical review shall be performed on
proposals in the following manner. A subjective ranking of bids or
proposals by a majority of the elected officials, or by persons
selected by the body to act on their behalf, shall be utilized as
a method of selection (See Appendix A). Award shall be made to the
responsible individual firm whose proposal is considered most
advantageous to the program, with price and other factors
considered.
In procuring services for grant administration, evaluations of
vendors or service suppliers shall include a proven track record
and sound reputation; adequate financial strength; high ethical
standards; and a record of adhering to specifications, of
maintaining shipping or service delivery schedules, and of giving
a full measure of service. Consideration may also include the
prospective contractor's records of past performance under CDBG
grants. This factor is not meant to exclude consideration of new
firms, but rather, to include past performance and experience as a
potential criterion.
All bidders will be notified that they were or were not
selected for award of contract as soon as possible following the
evaluation and decision process.
E. MULTIPLE SERVICE AWARDS
Vendors or service suppliers will be considered for multiple
sources of supply or multiple services when it can be demonstrated
that such vendors or services suppliers either are sole sources of
the services or are the responsive proposer whose proposal is
determined in writing as a result of a competitive process to be
the most advantageous to local government.
For each service involving application, administration,
architectural, engineering, and construction as listed in s.
290.047(5), Fla. Stat. 1993, when included in a multiple service
contract, written determination of the need for a multiple service
contract and the supporting documentation shall be maintained on
file with the sub -grantee (See Appendix B).
Any or all bids or proposals may be rejected where there are
sound documented business reasons which are in the best interest of
the procurer. Records of all proceedings for selection and/or
rejection shall be maintained.
VI. EXCEPTIONS
The non-competitive negotiation method of procurement is
solicitation of a proposal from only one source; or after
solicitation of a number of sources (documented), competition is
determined inadequate (Refer to 24 C.F.R. s. 85.36 (d)(4)). It may
be used only:
1. When procurement or award of contract is infeasible under
simple or intermediate procurement or thorough formal
(sealed bid) competition; and
2. Under one of the following circumstances:
a. The item is available only from a single
source; or
b. Public exigency or emergency exists such that
the urgency for the requirement will not
permit a delay incident to competitive
bidding; or
c. In the case where grant funds are being used,
the federal or state (whichever is more
stringent) grantor agency authorizes non-
competitive negotiations, or
d. After solicitation of a number of sources,
competition is determined inadequate (See
._-y
Appendix B); or
e. The contract item is available under a State
of Florida Contract.
Emergency purchases of up to $2,000 shall be authorized by the
Chief Elected Official or designated alternate when, based on
his/her decision, the delay incurred by following the normal
procurement requirements would be detrimental to the best interests
of the community.
VII. AFFIRMATIVE ACTION/EQUAL OPPORTUNITY
The County is committed to eliminating discrimination based
upon race, color, sex, national origin, familial status, age, or
physical handicap. In grant programs, the County will comply with
requirements of Section 3 (Use of the project area), Equal
Employment Opportunity on Federally Assisted Construction
Contracts, and Executive Order 11625 (Minority Business). Notice
of the policy will be placed in plain sight on job location for the
benefits of interested parties and all contractors and sub-
contractors so notified. Equal Opportunity posters will be
displayed as required.
An Equal Opportunity Officer, the personnel director, will be
appointed. Duties will include coordinating local efforts in
recruiting employees, resolving complaints, and submitting required
reports. The purchasing manager has the duty of soliciting bids.
The procuring entity will encourage the employment of local
residents, especially those who have low to moderate income, and
those who are female and/or of a minority racial/ethnic
classification. This will be accomplished through the following
methods for employment and hiring:
1. All employment opportunities will be publicly advertised,
including the "equal opportunity employer" designation
unless an internal promotion or upward mobility situation
2. When appropriate, notification of employment
opportunities will be issued to organizations such as the
local schools, employment centers, minority organizations
and social service agencies who may refer qualified
applicants.
3. Recruitment practices, including those described in
paragraphs one and two, will be conducted in such a way
as to include qualified minorities and females in all
levels of responsibility and departments, in percentage
to the general population and/or available work force, to
the maximum practical extent.
4. When applicants are equally qualified in all other areas,
preference will be given to hiring minorities and females
in furtherance of the goals expressed above.
In accordance with the 1989 State Fair Housing Act (Fla. Stat.
s760.20), the county and any contractors hired with CDBG funds
shall not discriminate against any person in the terms, conditions,
or privileges of sale or rental of a dwelling, or in the provision
of services or facilities in connection therewith, because of race,
color, national origin, sex, handicap, familial status, age, or
religion. (See Section X on Protests for Complaint Procedure).
VIII. CONTRACTS
All contracts procured with state or federal funds shall
contain applicable
provisions
as
required by
Fla. Stat.
0
(specifically s.287a058), Florida administrative rule, federal law,
regulation or executive order. Provisions shall include, but not
be limited to, such requirements as bonding, equal employment
opportunity, contract termination, record retention, public access
to records, reporting, remedies for breach, conflict of interest,
labor standards compliance, pre- and post -audit requirements, and
compliance with environmental laws.
IX. CODE OF CONDUCT
No employee, officer or agent of the procuring entity shall
participate in the selection, award or procurement of an
application, administration, architectural, engineering or
construction contract if a conflict of interest, real or apparent,
would be involved. Such a conflict would arise when (a) the
employee, officer or agent, (b) any member of his immediate family,
(c) his or her partner, or (d) an organization which employs, or is
about to employ, any of the above, will receive a financial or
other direct benefit of CDBG funds from the contract award. In any
of these cases, the employee, officer or agent will abstain from
voting on the award.
Officers, employees and agents of the procuring entity will
neither solicit gratuities, favor or anything of monetary value,
nor accept any unsolicited gratuity, favor or gift from contractors
or potential contractors, or parties to subagreements.
Violation of this policy shall be subject to penalties,
sanctions or other disciplinary action as permitted by state or
19
local law. Upon conviction in a State Court of competent
authority, a violator may be found guilty of a first degree
misdemeanor, punishable as provided in Fla. Stat. s.775.082 or
s.775.083.
X. PROTESTS
Objection to procurement shall be issued, in writing, to the
chief elected official within 5 working days of purchase or
selection to purchase under contract. A response shall be issued
to the objecting party within 5 working days. An objection shall
be considered valid only if it discloses a violation of this
For employment discrimination, contact:
The U.S. Equal Employment Opportunity Commission
2401 E. Street, N.W.
Washington, D.C., 20507
1-800-872-3362
For housing discrimination, contact:
Florida Commission on Human Relations
325 John Knox Road, Bldg. F, Suite 240
Tallahassee, Florida 32303
1-800-342-8170
This policy has been approved and -adopted this 14th day of March,
1995. \
Kenneth R. ac t, Chairman
Board of County Commissioners
IF
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tip
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IF
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Appendix A*
Criteria
and
Relative
Weight
for Proposal
Ranking/Selection
experience
PLANNING
Indian
AND
INDIAN
River
APPLICATION
RIVER
County
SERVICES
COUNTY
Small
PROPOSALS
Proposer A.
Proposer v.
Evaluation
Factor
1. Successful Florida
Small Cities CDBG
experience.
2. Management and
staffing: experience,
c a p a c i t y a n d
availability.
3. Approach to needs,
tasks to be performed
(thorough, services
match needs).
Ratings: Excellent, Good, Fair, Poor
4. Successful
similar
experience
with
Florida
Small
Cities
and
Counties
5. Familiarity
or ability
to
quickly
become
familiar
with
local
conditions.
(This does
not
require
previous
employment
contractual
experience
or
with
the
County.)
Ratings: Excellent, Good, Fair, Poor
Evaluated by:
Date:
Proposer A:
Proposer B.
Proposer CO
Proposer D.
1. Successful Florida Small
Cities CDBG experience.
2. Management and staffing:
experience, capacity and
availability.
3. Approach to needs,
tasks to be performed
(thorough, services
match needs).
4. Successful similar
experience with Florida
Small Cities and Counties
5. Familiarity or ability to
quickly become familiar
with local conditions.
(This does not require
previous employment or
contractual experience
with the County.)
Ratings: Excellent, Good, Fair,
Poor
Evaluated by:
Date:
rroposer u.
Proposer D.
Evaluation
Factor
1. Successful Florida Small
Cities CDBG experience.
2. Management and staffing.6
experience, capacity and
availability.
3. Approach to needs,
tasks to be performed
(thorough, services
match needs).
4. Successful similar
experience with Florida
Small Cities and Counties
5. Familiarity or ability to
quickly become familiar
with local conditions.
(This does not require
previous employment or
contractual experience
with the County.)
Ratings: Excellent, Good, Fair,
Poor
PROPOSE PROPOSE PROPOSE PROPOS
RA RB RC ER
Evaluated by:
Date:
Proposer A.
Proposer B:
Proposer C.
Proposer D:
Evaluation
Factor
1. Successful Florida Small
Cities CDBG experience.
2. Management and staffing.
experience, capacity and
availability.
3. Approach to needs,
tasks to be performed
(thorough, services
match needs).
4. Successful similar
experience with Florida
Small Cities and Counties
Ratings: Excellent, Good, Fair,
Poor
5.
Familiarity
or ability
to
quickly
become
familiar
with
local conditions.
(This
does not
require
previous
employment
or
contractual
experience
with
the County.)
Ratings: Excellent, Good, Fair,
Poor
Evaluated by:
Date:
Appendix B
Procurement of CDBG Consultant Services
I hereby certify that bidding of CDBG consultant services for
application, administration, architectural, construction, and/or
engineering is not advantageous, practicable and/or legal, and that
sealed proposals were solicited. The procedure is in compliance with
the local CDBG procurement policy adopted 19
which is in compliance with existing agency, state and federal
regulations. A written evaluation determined that one firm capable of
providing all requested services is most advantageous for our needs and
that this selection does not constitute sole source solicitation.
Attest.
Jeffrey K. Barton, Clerk
u\v\s\irco2.ppp
Kenneth R. Macht, Chairman
Board of County Commissioners
Indian River County is committed to eliminating discrimination
based upon race, color, religion, sex, national origin, age,
familial status or handicap. This local government will comply
with the requirements of all applicable state and federal equal
opportunity laws, regulations and executive orders. In federal or
state funded projects this may include: Florida Small and Minority
Business Act, Title VI of the federal Civil Rights Act of 1964, as
amended, Title VIII of the federal Civil Rights Act of 1968, as
amended, Executive Order 12559, the federal Age Discrimination Act
of 1975, Section 109 of the Housing and Community Development Act
of 1974, as amended, Executive Order 11063, Executive Order 11246,
Executive Order 11375 and 12086, Section 3 of the Housing and
Community Development Act of 1968, and others.
Notice of the policy will be placed in plain sight on job
location for the benefit of interested parties and all contractors
and sub -contractors so notified. All Equal Opportunity Posters
will be displayed as required.
Implementation
The Personnel Director is appointed as Equal Opportunity
Officer. Duties include coordinating local efforts in recruiting
employees, and resolving complaints, and submitting required
reports. The purchasing manager will have the duty of soliciting
bids.
Employment
This local government will encourage the employment of local
residents and those who are female and/or of a minority
racial/ethnic classification. This will be accomplished through
the following procedures.
1) Current employees will be encouraged to improve their job
skills and qualification through training and education. Such
improvements are to be considered for employee promotion.
2) All employment opportunities will be publicly advertised,
including the equal opportunity employer designation. This is
to provide an adequate opportunity for qualified individuals
to apply for employment and to assure an adequate pool of
qualified applicants (including minorities) from which to
hire.
3) When appropriate, notification of employment opportunities
will be issued to organizations such as local schools,
employment services, minority organizations, and social
service agencies who may refer qualified individuals for
employment consideration.
4) Recruitment practices, including those described in paragraphs
2 and 3, will be conducted in an effort to include qualified
minorities and females in all levels of responsibility and
departments of government, in percentage in the population
and/or available workforce.
5) When applicants are equally qualified, after consideration of
veterans preference, preference will be given to hiring
minorities and females in furtherance of the goal expressed in
paragraph 4.
Establishment of Quantifiable Goals
Indian River County will utilize the most recent available
census data as the basis of establishing a goal for minority
employment. Currently the 1990 census lists a community minority
percentage of 12.04.
Statistically it may be difficult for the local government
work force to totally mirror the census percentage due to unique or
specific needs, sample size differences, and other similar
contributing factors.
However, Indian River County is committed to establishment of
specific goals and, further, to make a sincere attempt to attain
those goals within the bounds of local government control. Goals
for minority employment are hereby established as follows and are
based on the number of full-time personnel in the local
government's work force:
Less than 1000 county employees: % of minority employees = +6%
of the census percentage
More than 1000 county employees: % of minority employees = +4%
of the census percentage
If a stated goal has been attained and one employee leaves
Indian River County's employ either voluntarily or involuntarily,
the County is not obligated to select another candidate of the same
minority/majority status if that candidate is not the most
qualified. In such an event, the stated goals would automatically
be waived in the best interest of the County and the effort to
attain goals would be renewed with the next available vacancy.
Goals and procedures established herein may be waived or
amended by official vote of the County Commission with results duly
recorded in the County Commission Meeting minutes.
e
Procurement of Goods and Services for the CDBG Programs and
Projects
Indian River County will encourage the utilization of local,
minority- and female -owned, and small businesses. This will be
accomplished through the following procedures.
1) Quotes for small purchases will be solicited from local
businesses, when the required goods and/or services can be
obtained economically from local sources.
2) Lists of local minority and female -owned businesses will be
maintained for use in soliciting quotes and bids. State or
other directories of minority and female -owned businesses will
be utilized in seeking bids when local competition is
inadequate.
3) Requests for bids and proposals for services or goods will be
advertised locally, although it may also be necessary to
advertise some projects over a broader geographic area in
order to obtain adequate competition.
4) Where applicable, federal equal opportunity affirmative action
language will be included in contracts and requests for bids.
5) Contractors will be informed of equal opportunity affirmative
action obligation requirements to insure their compliance.
Adopted in regular session of the County Commis,sion'on this 14th
day of March, 1995. e,
L
Attest
i F'1✓
'ir
neth R. Macht, Chairman ".'Jeffprlty Ha
Board of County Commissioners C
u\v\s\irco2.aap
1. Acceptance of federal monies in the form of Community
Development Block Grant (CDBG) funds requires Indian River
County's certification that it has adopted and is enforcing a
policy which:
a. Prohibits the use of excessive force by law enforcement
agencies within its jurisdiction against any individuals
engaging in non-violent civil rights demonstrations; and
b. Enforces applicable State laws against physically barring
entrance (for reasons other than fire marshall occupancy
standards) or exit from a facility or location which is
the subject of such non-violent civil rights
demonstrations within its jurisdiction.
2. This requirement is based on Section 516 of Public Law 101-140
more specifically known as "The 1990 HUD Appropriation Act"
and hereinafter known as "The Act" which mandates that each
local unit of government receiving CDBG funds must comply with
certain provisions of "The Act", among those provisions being
those aforestated in the above paragraph.
3. Indian River County is fully committed to protecting the
safety, welfare and civil rights of all residents of the
jurisdiction and wishes to comply with the terms and
conditions of "The Act" as required by the assurances of its
CDBG Award Agreement.
4. Local law enforcement personnel shall abide by this policy and
ensure the enforcement of State laws with regard to non-
violent civil rights demonstrations. The use of excessive
force against individuals engaged in these demonstrations is
prohibited. Agencies tasked with law enforcement functions
shall ensure that all personnel, regular or auxiliary, full-
time or part-time, are made aware of this commitment.
5. Additionally, law enforcement agencies shall ensure that pre-
planning occurs in conjunction with any scheduled or predicted
civil rights demonstration so that the prevention of the use
of excessive force is ensured in maintaining the non-violent
nature of such demonstrations. Included in this pre -planning
will be methodology to enforce applicable State laws against
physical barrier of entrances or exits from such
demonstrations.
6. This policy shall be included as an integral portion of all
applicable law enforcement operations manuals/handbooks and
will be included in training and courses of instruction for
law enforcement personnel.
/1T1'A4r�Ni' �
7
Any deviation from or violation of this policy shall be
reported in writing and shall result in the immediate
suspension of the offending officer(s) until a review of the
circumstances has been conducted and the necessity for such
deviation/.violation has either been denied or upheld.
IN REGULAR SESSION OF THE COUNTY
400
jo*enneth R. Macht, Chairman
Board of County Commissioners
I. VOLUNTARY ACQUISITION POLICY
A voluntary acquisition
occurs when real
property is acquired
from an owner who has submitted
a proposal
to the recipient
for
purchase of his property in response to a public invitation or
solicitation of offers. The local governing body is committed to
this mode of acquisition to the maximum practicable extent.
Voluntary acquisition shall be permitted only if the property
being acquired is not site specific and at least two properties in
the community meet the criteria established by the local government
for usage, location and/or interest to be acquired. All voluntary
acquisitions must be approved in principle by the elected governing
body prior to publication of a public notice or attendance of any
local government representative at a property auction.
A public notice must be published inviting offers from
property owners. This notice must:
A. accurately describe the type, size and approximate
location of the property it wishes to acquire;
Be describe the purpose of the purchase,
Co specify all terms and conditions of sale, including
maximum price;
D. indicate whether or not an owner -occupant must waive
relocation benefits as a condition of sale;
E. announce a time and place for offers to be accepted, and
F. announce that local powers of condemnation shall not be
invoked to acquire any property offered for which a
mutually agreed to sale price can not be reached.
In each voluntary acquisition, a public solicitation shall
occur. Offers shall be sealed and opened at the same time, in the
same place, by a responsible official. Records of offers shall be
kept. Appraisals are not required for purchases less than $2500 if
a mutually agreed to sales price can be reached. Clear title must
be present in every transaction. The local governing body must
decide at the time of approving the acquisition whether or not
appraisals and review appraisals will be necessary and what the
maximum permissible sales price will be. The decision to acquire
will rest with the governing body which can reject or accept any
and all offers. Written records shall be maintained documenting
decisions and rationale for selected coursed of action.
II. NON -VOLUNTARY ACQUISITION PLAN
Acquisition of property (including easements and right of way)
using federal funds shall occur in accordance with the Uniform
Relocation Act of 1970 (as amended) and with any State and Federal
regulations which may apply.
Property may also be acquired at
auction.
The
Uniform
In each voluntary acquisition, a public solicitation shall
occur. Offers shall be sealed and opened at the same time, in the
same place, by a responsible official. Records of offers shall be
kept. Appraisals are not required for purchases less than $2500 if
a mutually agreed to sales price can be reached. Clear title must
be present in every transaction. The local governing body must
decide at the time of approving the acquisition whether or not
appraisals and review appraisals will be necessary and what the
maximum permissible sales price will be. The decision to acquire
will rest with the governing body which can reject or accept any
and all offers. Written records shall be maintained documenting
decisions and rationale for selected coursed of action.
II. NON -VOLUNTARY ACQUISITION PLAN
Acquisition of property (including easements and right of way)
using federal funds shall occur in accordance with the Uniform
Relocation Act of 1970 (as amended) and with any State and Federal
regulations which may apply.
Relocation Act does not apply to voluntary acquisitions.
In each voluntary acquisition, a public solicitation shall
occur. Offers shall be sealed and opened at the same time, in the
same place, by a responsible official. Records of offers shall be
kept. Appraisals are not required for purchases less than $2500 if
a mutually agreed to sales price can be reached. Clear title must
be present in every transaction. The local governing body must
decide at the time of approving the acquisition whether or not
appraisals and review appraisals will be necessary and what the
maximum permissible sales price will be. The decision to acquire
will rest with the governing body which can reject or accept any
and all offers. Written records shall be maintained documenting
decisions and rationale for selected coursed of action.
II. NON -VOLUNTARY ACQUISITION PLAN
Acquisition of property (including easements and right of way)
using federal funds shall occur in accordance with the Uniform
Relocation Act of 1970 (as amended) and with any State and Federal
regulations which may apply.
d •
Fundamental steps which will occur in each purchase may vary
case by case. However, in general terms, the following should take
place: (1) source of funds and authority to acquire confirmed, (2)
property/site identified and suitable, (3) legal
description/survey/preliminary title search performed (services
procured as necessary), (4) notice of intent to acquire sent owner,
(5) appraisal and review appraisal services solicited and appraiser
retained, (6) appraisal received and sent for review, (7) title
companies solicited and retained after review received (title
insurance amount and necessity determined in advance), (8) offer to
purchase and notice of just compensation sent owner, (9) owner
contacted by attorney or other representative and contract
formalized, (10) settlement costs calculated and closing date set,
(11) closing conducted with funds changing hands and, (12) records
of proceedings retained.
The Uniform Relocation Act requires certain specific
procedures such as some letters sent being sent certified. The
CDBG Implementation Manual provides a checklist which may be
utilized in following each transaction to successful conclusion.
III. TIMING/PLANNING
Properties necessary for easements or acquisition shall be
identified as early in the planning stage as is practicable. Every
attempt shall be made to effect a design which is not wholly site
dependent, that is, where two or more sites are suitable for the
`4
project. It is recognized this may not always be possible,
however, a policy of minimizing single site alternatives is
emphasized.
In general terms, the voluntary acquisition process shall be
utilized to identify possible sites early in the project. Sites
shall be evaluated for suitability prior to the final design phase
to the maximum practicable extent. As soon as alternative sites
are identified and evaluated, applicable acquisition procedures
should commence.
Projects shall not normally be sent out for bids unless
properties to be acquired or utilized for easements have been
formally acquired or a commitment exits which is sufficiently firm
and binding to be considered safe for the project to proceed with
start up. The elected body shall make the determination as to
whether or not bidding, award and start up may proceed prior to
closing on the property.
In those cases where need for easements and/or acquisition is
not identified until after the project is underway, procedures
shall be expedited to the maximum practicable extent and
utilization of funds, the value of which would be unrecoverable if
the transaction did not occur, minimized.
This policy shall be applicable to all acquisitions of property
involving CDBG funds and has been approved and adopted this 14th
day of March, 1995.
".
S y
to t 14
t as,at
A to It
ov
o Attest :4 , , i
ot
�,efLy s rton, Clerk
• ,
If
*_
u
.Wr e
"\v\srco2ra;cq
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tot
it
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0001.j4o Y2 o.4 000
K nneth R. facFt, Chair an
Board of County Commissioners