HomeMy WebLinkAbout10/06/2015 (2) i
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BOARD OF COUNTY
COMMISSIONERS
" INDIAN RIVER COUNTY, FLORIDA `
COMMISSION AGENDA
TUESDAY, OCTOBER 6, 2015 - 9:00 A.M.
a'
.•.r
Commission Chambers
Indian River County Administration Complex
ORI' 1801 27th Street, Building A
Vero Beach, Florida,32960-3388
www.ircgov.com
COUNTY COMMISSIONERS DISTRICT
Wesley S.Davis,Chairman District 1 Joseph A. Baird,County Administrator
Bob Solari,Vice Chairman District 5 Dylan Reingold,County Attorney
Joseph E. Flescher District 2 Jeffrey R. Smith,Clerk of the Circuit
Peter D. O'Bryan District 4 Court and Comptroller
Tim Zorc District 3
1. CALL TO ORDER 9:00 A.M. PAGE
2. INVOCATION Commissioner Wesley S. Davis, Chairman
3. PLEDGE OF ALLEGIANCE Commissioner Tim Zorc
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Designating the Month of October, 2015, as
_ Fighting_IndianMarching Band Month 1
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B. Presentation of Proclamation Designating October, 2015, as Manufacturing
Month in Indian River County Florida 2
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C. Presentation by Marty Zickert, Veterans Council of Indian River County, on
the First Annual Veterans &-Family Picnic October_17Z 2015___________________________________3_
October 6, 2015 Page 1 of 6
6• APPROVAL OF MINUTES PAGE
A. September 10, 2015 Preliminary Budget Hearing
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7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Florida Public Service Commission Consummating Order No.
PSC-15-0393-CO-EG Regarding Duke Energy Florida, Inc., has been
received and is available for review in the Office of the Clerk to the Board
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B. Update on All Aboard Florida/Vero Electric Expenses
(memorandum dated Se tember 30 2015 4-6
8. CONSENT AGENDA
A. Approval of Warrants— September 11, 2015 to September 17, 2015
__(memorandum dated September_17, 2015) 7-14
B. Approval of Warrants— September 18, 2015 to September 24, 2015
__(memorandum dated September 24, 2015)____________________________________________ 15-21
C. Resolution Cancelling Taxes on Property Acquired by the City of Sebastian
for Remediation of Public Nuisance and Health Hazard
_(memorandum dated September 22, 2015) 22-28
- -------------------------------------------------------------
D. Resolution Formally Designating County Owned Property Along C.R. 510
in Wabasso as Right-of-Way
__(memorandum dated-September-22,.20-15) 29734
E. Authorization to Attend FGFOA and GFOA Annual Conferences and
FGFOA School of Government Finance
__(memorandum dated September 28, 2015) 35
F. Mediated Settlement—Charles P. Craig
- --
( emorandum p -
dated September 17 2015
- m-------------------------- --------- - -- --)-------------------------------------------- 36
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G. D. R. Horton's Request for Final Plat Approval for a Subdivision to be
Known as Lexington Place Phase IV
__(memorandum dated September 24, 2015) 37-45
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H. Payment Authorization—Veritox, Inc.
__(memorandum dated September 29, 2015)46-48
I. Declaration of Excess Equipment as Surplus for Sale or Disposal
-_(memorandum dated September 28, 2015) 49-57
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October 6, 2015 Page 2 of 6
8. CONSENT AGENDA PAGE
J. Approval of the 2015 FEMA Homeland Security CERT Subgrant Award b
Letter
__(memorandum dated September 28, 2015) 58-63 J
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K. Acceptance and Approval of Expenditures for Emergency Management
State-Funded Subgrant Agreement 16-BG-83-1040-01-030
__(memorandum dated September 25, 2015) 64-113
L. Acceptance and Approval of Expenditures of Emergency Management
Federally-Funded Subgrant Agreement and Expenditure Approval
16-FG-XX-1040-01-097
--(---------------------------- ------------ ------ -------------------------------------------------------------
memorandum dated September 25 2015I 114-159
M. Approval to Authorize Payment for Shulman, Rogers, Gandal, Pordy, &
Ecker, P.A. for 800 MHz Rebanding
(__ Memorandum p
( emorandum dated September 22 2015 160-162
m---------------------- --- --------- -= --------------------------------------------------------------------
N. Amendment No. 1 to Work Order No. 12 with CDM Smith — Design,
Permitting and Bidding Services for Construction of Well No. 7 and at the
South County RO Plant
__(memorandum dated September 29, 2015) 163-170
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O. Final Payment to Blue Goose Construction for Replacement of 3"
Galvanized Water Main and Services in Vista Royale, Phase 1 —UCP #4113
__(memorandum dated September 25, 2015) 171-176
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P. Second Extension to Agreement for IRC Bid No. 2012010 to Maintain and `
Operate the West Regional Wetlands System
__(memorandum dated September 23, 2015) 177-180
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Q. Work Order No. 1 — Wantman Group, Inc. (fka Bridge Design Associates,
Inc.), 43`d Avenue Bridge over IRFWCD South Relief Canal Railing Repair,
IRC Project No. 1523
__(memorandum dated September_15, 2015) 181-184
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
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None
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October 6, 2015 Page 3 of 6
10. PUBLIC ITEMS PAGE
A. PUBLIC HEARINGS
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1. This item was considered at a Public Hearing on September 22,
2015, and was Continued to This October 6th Board meeting:
Consideration of Proposed Parking Regulations for Vacation
Rentals ("Ordinance I"); Amending Land Development Regulations
Chapters 901 (Definitions), 911(Zoning), and 912 (Single-Family
Development j
(memorandumdated September 25,_2015) _ 185-225
Legislative
B. PUBLIC DISCUSSION ITEMS
None
C. PUBLIC NOTICE ITEMS
None
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11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS I
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A. Community Development
None
F
B. Emergency Services
None
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C. General Services
None
1, Human Services
None
2, Sandridge Golf Club
None
3. Recreation
None
October 6, 2015 Page 4 of 6
D. Human Resources PAGE
None
E. Office of Management and Budget
None
F. Public Works
1. Petition Paving (Millings) Improvements for 4`h Place from 66`h
Avenue to one block east of 63rd Avenue in the Pine Tree Park
Subdivision, Units 2 and 3, IRC Project No. 1327, One Year
Follow-Up and Termination of Project
__(memorandum dated September 14, 2015) 226-227
G. Utilities Services
1. Approval of Retaining Tim Rose Contracting, Inc. to Restore the
Outside Southbound Lane of US Hwy. 1 Damaged by a Water Main
Break
_(memorandum dated September 24,_2015)____________________________ 228-232
13. COUNTY ATTORNEY MATTERS
None
14. COMMISSIONERS MATTERS
A. Commissioner Wesley S. Davis, Chairman
1. Interlocal Agreement Establishing the Treasure Coast Workforce
Consortium and the Workforce Development Board of the Treasure
Coast, Inc.
__(memorandum dated September 18,_2015) 233-244
B, Commissioner Bob Solari, Vice Chairman
None '
C.
Commissioner Joseph E. Flescher
None
D. Commissioner Peter D. O'Bryan
None
E. Commissioner Tim Zorc
None
October 6, 2015 Page 5 of 6
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15. SPECIAL DISTRICTS AND BOARDS PAGE
A. Emergency Services District
None
B. Solid Waste Disposal District
None
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C. Environmental Control Board
None
16. ADJOURNMENT
Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board
shall provide an opportunity for public comment prior to the undertaking by the Board of any action on
the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any
proposition which the Board is to take action which was either not on the Board agenda or distributed to
the public prior to the commencement of the meeting.
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure
that a verbatim record of the proceedings is made which includes the testimony and evidence upon
which the appeal will be based.
Anyone who needs a special accommodation for this meeting may contact the County's Americans with
Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting.
Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of
County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting.
The full agenda is available on line at the Indian River County Website at www.ircaov.com The full
agenda is also available for review in the Board of County Commission Office, the Indian River County
Main Library, and the North County Library.
Commission Meeting may be broadcast live by Comcast Cable Channel 27
Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m.,
Wednesday at 9:00 a.m. until 5:00 p.m.,
Thursday at 1:00 p.m. through Friday Morning,
and Saturday at 12:00 Noon to 5:00 p.m.
October 6, 2015 Page 6 of 6
WD �AN
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ANNUAL
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Indian River CounVETERANS FAMILY PICNIC
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SAT MG3DAY OCTOBER 17; 2015
22pMo 5 P
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U ford park
431h Ave and 481h Place, Vero Beach, FL
FREE-Hot Dogs, Hamburgers, Sodas, juice Boxes,
Chips and cookies along with all the trimmings
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Bring
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Check Goline for routes to the Park
Please RSVP by October loth calling Al Davis, American Legion Post 181 at 772-538-7347
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Hosted By: Veterans Council of Indian River County,
American Legion Post 181,Vietnam Veterans of Indian River County 3
Printed by the inmate vocation Design Publication—Indian River County Sheriff's Office ;I
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INFORMATIONAL
INDIAN RIVER COUNTY
INTER-OFFICE MEMORANDUM
OFFICE OF MANAGEMENT AND BUDGET
TO: Members of the Board of County Commissioners
DATE: September 30, 2015
FROM: Jason E. Brown
Director, Office of Maneme & Budget
SUBJECT: UPDATE ON ALL ABO FLNERO ELECTRIC EXPENSES
DESCRIPTION
Staff is providing an update to the Board of County Commissioners on actual expenses for All
Aboard Florida and Vero Electric/FMPA issues. Please see the attached documents for expenses
incurred as of 9/30/2015.
ATTACHED:
• All Aboard Fl. expenses thru 9/30/2015 spreadsheet.
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• Vero Beach Electric/FPL/FMPA expenses 9/30/2015 spreadsheet.
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APPROVED AGENDA ITEM:
B
Joseh A. Baird
County Administrator
FOR: October 6, 2015
Indian River County ADmved Date
Administrator /
Legal 1"'70,-'s
Budget ql3a
Department
Risk Mana ement
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1
All Aboard Florida Expenses
Indian River County
3/24/15 Litigation-Board Approved a total of$2.7 million FY 14/15-16/17
Acct#00110214-033110-15023 Legal Services
Date Vendor Amount Note
8/28/2015 Bryan Cave LLP $51,636.09 Fees for Legal Services-July 2015 private activity bonds
8/28/2015 Bryan Cave LLP $6,307.05 Fees for Legal Services-July 2015
8/12/2015 Bryan Cave LLP $50,710.86 Fees for legal Services-June 2015 private activity bonds
8/12/2015 Bryan Cave LLP $37,687.25 Fees for Legal Services-lune 2015
7/1/2015 Bryan Cave LLP $178,503.50 Fees for Legal Services-May 2015 private activity bonds
7/1/2015 Bryan Cave LLP $37,048.25 Fees for Legal Services-May 2015
7/2/2015 Bryan Cave LLP $177,071.70 Fees for Legal Services-April 2015
7/1/2015 Bryan Cave LLP $28,871.78 Fees for Legal Services-April 2015 private activity bonds
6/18/2015 Nabors Giblin&Nickerson PA ($250.00) Martin county paid 1/2
5/20/2015 Nabors Giblin&Nickerson PA $500.00 Fees for Legal Services
05/12/15 Bryan Cave LLP $28,877.05 Fees for Legal Services
05/12/15 Bryan Cave LLP $145,105.00 Fees for Legal Services
04/20/15 Bryan Cave LLP $4,107.50 Fees for Legal Services
3/24/15 Nabors Giblin&Nickerson PA' $61749 IRC 1/3 Portion of Legal Fees
2/24/15 Nabors Giblin&Nickerson PA* $5,593.56 IRC 1/3 Portion of Legal Fees
12/22/14 Bryan Cave LLP $33,252.60 Fees for Legal Services
12/10/14 Bryan Cave LLP $79,962.30 Fees for Legal Services
10/15/2014 FL Assoc of Counties $1,000.00 IRC Participation in Petition
Subtotal Expenses FY 14/15 $866,601.98
9/30/14 Bryan Cave LLP $26,975.60 Fees for Legal Services
9/30/14 Bryan Cave LLP $638.70 Fees for Legal Services
9/17/14 Bryan Cave LLP $937.50 Fees for Legal Services
Subtotal Expenses FY 13/14 $28,551.80
-Split between St.Lucie,Indian River,and Martin Counties
Acct#00110214-033190-15023 Other Professional Services
9/16/2015 Federal Express $3.92 Shipping
8/25/2015 Railroad Consultant Group $36,053.97 Rail Safety Study 1
8/25/2015 Railroad Consultant Group $435.00 Rail Safety Study
7/14/2015 Federal Express `$6.31 Shipping
7/2/2015 William M Sampson $6,875.00 Rail Crossing Analysis
6/16/2015 Federal Express $7.84 Shipping
6/10/2015 Dylan Reingold-travel to Wash DC $446.11 Preliminary Hearing
5/12/2015 Treasury of the United States $570.00 Public Records
Subtotal Expenses FY 14/IS $44,398.15
Acct#00110214-034020-15023 All Travel
9/8/2015 Doubletree Orlando $271.36 Orlando-Travel-FI.Dev.Finance Corp
8/26/2015 Dylan Reingold $75.26
8/26/2015 Kate Cotner -$5.36 Orlando-Tavel-FI Dev.Finance Corp
Subtotal Expenses FY 14/15 $341.26
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Acct#11124319-033190 Other Professional Services
7/02/15 CDM Smith Inc $23,454.00 Work Order 10 EIS
1/02/15 CDM Smith Inc $6,973.40 Work Order 13 Noise Monitoring
1/02/15 CDM Smith Inc $2,122.50 Work Order 10 EIS
11/26/14 CDM Smith Inc $5,605.00 Work Order 10 EIS
11/21/14 CDM Smith Inc $6,585.80 Work Order 13 Noise Monitoring
Subtotal Expenses FY 14/15 $44,740.70
9/30/14 CDM Smith Inc $1,937.00 Work Order 13 Noise Monitoring
9/30/14 CDM Smith Inc $8,077.00 Work Order 10 EIS
8/29/14 CDM Smith Inc $4,135.00 Work Order 10 EIS
8/08/14 CDM Smith Inc $3,125.00 Work Order 10 EIS
Subtotal Expenses FY 13/14 $17,274.00
Total expenses processed as of 9/30/15 $1,001,907.89
Total Board authorized budget for FY 13/14&FY 14/15 $856,725.00
Budget Amendment Approved Aug.18,2015 $600,000.00
Remaining Balance for FY 14/15 $454,817.11
F•\Budget\All Aboard FL Expenses 5
Indian River County
Vero Beach Electric/Florida Power&Light/FMPA expenses
Acctq,00410214-033110-15024
Legal Services
9/21/2015 Berger Singerman $25,370.00
8/18/2015 Berger Singerman $10,150.00
7/22/2015 Berger Singerman $7,855.00
7/1/2015 Berger Singerman $29,622.50
6/3/2015 Nabors Giblin&Nickerson $312.50
5/20/2015 Carolos Alvarez,Esq $1,878.10
4/20/2015 Gonzalez Saggio&Harlan $10,582.50
4/2/2015 Gonzalez Saggio&Harlan $26,71348
3/23/2015 Gonzalez Saggio&Harlan $10,312.50
3/23/2015 Nabors Giblin&Nickerson $4,161.72
2/2/2015 Gonzalez Saggio&Harlan $22,882.98
1/16/2015 Gonzalez Saggio&Harlan $16,610.00
12/3/2014 Gonzalez Saggio&Harlan $8,824.24
Subtotal Expenses FY 14/15 $175,275.52
9/30/2014 Gonzalez Saggio&Harlan $7,821.90
9/30/2014 Gonzalez Saggio&Harlan $30,144.31
8/15/2014 Gonzalez Saggio&Harlan $12,292.50
7/22/2014 Gonzalez Saggio&Harlan $8,415.00
Subtotal Expenses FY 13/14 $58,673.71
Other Prof.Services/Legal Advertising
9/11/2015 RW Wilson&Assoc $4,090.00
8/14/2015 RW Wilson&Assoc $4,090.00
7/21/2015 Kate Cotner Reimbursement $50.00
7/10/2015 RW Wilson&Assoc $4,090.00
5/26/2015 RW Wilson&Assoc $4,090.00
5/21/2015 Scripps Treasure Coast $71.76
3/4/2015 RB Oppenheim Assoc $4,625.00
2/13/2015 FMPA-copy of audio $119.13
1/16/2015 Scripps Treasure Coast $70.98
11/19/2014 Scripps Treasure Coast $63.96
Subtotal Expenses FY 14/15 $21,360.83
9/30/2014 Scripps Treasure Coast $87.36
9/10/2014 Scripps Treasure Coast $88.92
Subtotal Expenses FY 13/14 $176.28
Travel
8/26/2015 Dylan Reingold-FMPA mtg/Tallahassee $75.26
8/26/2015 Kate Cotner-FMPA mtg/Tallahassee $36.00
Subtotal Expenses FY 14/15 $111.26
Total expensesproceseed as of 9/30/15 $255,597.60
Date Actual Budget
3/18/2015 Legal Services $130,000.00
5/5/2014 Legal Services $100,000.00
9/15/2015 Legal Services $60,000.00
Total Board Authorized Budget $290,000.00
Remaining Balance $34,402.40
F:\Budget\FP&L-Vero Beach-FMPA expenses 6
JEFFREY R. SMITH, CFA, CGFO, CDMA cou�Ty •
Clerk of Circuit Court&Comptroller
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Finance Department � ' � •
1801 271�Street '
Vero Beach, FL 32960 �`s,,...0
TO:' HONORABLE BOARD OF COUNTY COMMISSIONERS
FROM: DIANE BERNARDO, FINANCE DIRECTOR
THRU: JEFFREY R. SMITH, COMPTROLLER
DATE: September 17, 2015
SUBJECT: APPROVAL OF WARRANTS
September 11, 2015 to September 17, 2015
In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic
payments) issued by the Board of County Commissioners are to be recorded in the Board
minutes.
Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the
time period of September 11, 2015 to September 17, 2015.
Attachment:
DLB: DB
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1
CHECKS WRITTEN
TRANS NBR DATE VENDOR AMOUNT
330702 9/17/2015 UTIL REFUNDS 53.48
330703 9/17/2015 UTIL REFUNDS 11.69
330704 9/17/2015 UTIL REFUNDS 28 83
330705 9/17/2015 UTIL REFUNDS 55.22
330706 9/17/2015 UTIL REFUNDS 13245
330707 9/17/2015 UTIL REFUNDS 22.46
330708 9/17/2015 UTIL REFUNDS 6980
330709 9/17/2015 UTIL REFUNDS 19.29
330710 9/17/2015 UTIL REFUNDS 53.37
330711 9/17/2015 UTIL REFUNDS 40.54
330712 9/17/2015 UTIL REFUNDS 136.59
330713 9/17/2015 UTIL REFUNDS 21598
330714 9/17/2015 UTIL REFUNDS 655.85
330715 9/17/2015 UTIL REFUNDS 8204
330716 9/17/2015 UTIL REFUNDS 31.67
330717 9/17/2015 UTIL REFUNDS 360.39
330718 9/17/2015 UTIL REFUNDS 53.26
330719 9/17/2015 UTIL REFUNDS 56.78
330720 9/17/2015 UTIL REFUNDS 39.44
330721 9/17/2015 UTIL REFUNDS 72.14
330722 9/17/2015 UTIL REFUNDS 83.85
330723 9/17/2015 UTIL REFUNDS 81 48
330724 9/17/2015 UTIL REFUNDS 129.98
330725 9/17/2015 UTIL REFUNDS 22 76
330726 9/17/2015 UTIL REFUNDS 10.86
330727 9/17/2015 UTIL REFUNDS 98 58
330728 9/17/2015 UTIL REFUNDS 31.33
330729 9/17/2015 UTIL REFUNDS 34.65
330730 9/17/2015 UTIL REFUNDS 6.28
330731 9/17/2015 UTIL REFUNDS 46.16
330732 9/17/2015 UTIL REFUNDS 121.83
330733 9/17/2015 UTIL REFUNDS 31.54
330734 9/17/2015 UTIL REFUNDS 44.24
330735 9/17/2015 UTIL REFUNDS 43.97
330736 9/17/2015 UTIL REFUNDS 47.95
330737 9/17/2015 UTIL REFUNDS 1.58
330738 9/17/2015 UTIL REFUNDS 49.06
330739 9/17/2015 UTIL REFUNDS 29.57
330740 9/17/2015 UTIL REFUNDS 87 80
330741 9/17/2015 UTIL REFUNDS 18.21
330742 9/17/2015 UTIL REFUNDS 40.96
330743 9/17/2015 UTIL REFUNDS 20.38
330744 9/17/2015 UTIL REFUNDS 8480
330745 9/17/2015 UTIL REFUNDS 37.11
330746 9/17.2015 UTIL REFUNDS 53.48
330747 9/17/2015 UTIL REFUNDS 43.12
330748 9/17/2015 UTIL REFUNDS 47.81
330749 9/17/2015 UTIL REFUNDS 4542
330750 9/17/2015 UTIL REFUNDS 4082
330751 9/17/2015 UTIL REFUNDS 12.34
330752 9/17/2015 UTIL REFUNDS 16.48
330753 9/17/2015 UTIL REFUNDS 2506
330754 9/17/2015 UTIL REFUNDS 117.39
330755 9/17/2015 UTIL REFUNDS 33.32
330756 9/17/2015 UTIL REFUNDS 2069
330757 9/17/2015 UTIL REFUNDS 49.16
330758 9/17/2015 UTIL REFUNDS 101 47
330759 9/17/2015 UTIL REFUNDS 350 76
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TRANS NBR DATE VENDOR AMOUNT
330760 9/17/2015 UTIL REFUNDS 16 1 l
330761 9/17/2015 UTIL REFUNDS 41.36
330762 9/17/2015 UTIL REFUNDS 41 04
330763 9/17/2015 UTIL REFUNDS 132 02
330764 9/17/2015 UTIL REFUNDS 4260
330765 9/17/2015 UTIL REFUNDS 5.51
330766 9/17/2015 UTIL REFUNDS 19.90
330767 9/17/2015 UTIL REFUNDS 55 89
330768 9/17/2015 UTIL REFUNDS 69.33
330769 9/17/2015 UTIL REFUNDS 75.32
330770 9/17/2015 UTIL REFUNDS 42.05
330771 9/17/2015 UTIL REFUNDS 73.78
330772 9/17/2015 UTIL REFUNDS 302.40
330773 9/17/2015 UTIL REFUNDS 12667
330774 9/17/2015 UTIL REFUNDS 30.87
330775 9/17/2015 UTIL REFUNDS 83 85
330776 9/17/2015 UTIL REFUNDS 19 18
330777 9/17/2015 UTIL REFUNDS 40.54
330778 9/17/2015 PORT CONSOLIDATED INC 32.925 19
330779 9/17/2015 JORDAN MOWER INC 8502
330780 9/17/2015 RANGER CONSTRUCTION IND INC 223.30
330781 9/17/2015 VERO CHEMICAL DISTRIBUTORS INC 1.938.75
330782 9/17/2015 RICOH USA INC 112.62
330783 9/17/2015 RICOH USA INC 41.52
330784 9/17/2015 CHISHOLM CORP OF VERO 1.709.50
330785 9/17/2015 AT&T WIRELESS 765.36
330786 9/17/2015 KELLY TRACTOR CO 2,206.88
330787 9/17/2015 REPUBLIC SERVICES INC 91806
330788 9/17/2015 AMERJGAS EAGLE PROPANE LP 716.23
330789 9/17/2015 AMERIGAS EAGLE PROPANE LP 885.87
330790 9/17/2015 ALLIED ELECTRONICS INC 249.91
330791 9/17/2015 JIMMYS TREE SERVICE 560.00
330792 9/17/2015 HD SUPPLY WATERWORKS,LTD 17,655.14
330793 9/17/2015 SCHULKE BITTLE& STODDARD LLC 38,809 43
330794 9/17/2015 EGP INC 106.15
330795 9/17/2015 FLORIDA VETERINARY LEAGUE 160.41
330796 9/17/2015 TIRESOLES OF BROWARD INC 2,721.52
330797 9/17/2015 BARTH CONSTRUCTION INC 51.176 00
330798 9/17/2015 ARMFIELD WAGNER APPRAISALAND RESEARCH INC 21000.00
330799 9/17/2015 DELL MARKETING LP 3,902.30
330800 9/17/2015 XEROX CORP SUPPLIES 233.46
330801 9/17/2015 GENERAL PART INC 270.32
330802 9/17/2015 UTILITY SERVICE CO INC 127,092.48
330803 9/17/2015 ASPHALT RECYCLING INC 31082.00
330804 9/17/2015 BAKER &TAYLOR INC 1,598.53
330805 9/17/2015 MIDWEST TAPE LLC 555 88
330806 9/17/2015 NORTHERN SAFETY CO INC 91.35
330807 9/17/2015 PRECISION CONTRACTING SERVICES INC 2,430.00
330808 9/17/2015 MICROMARKETING LLC 901.66
330809 9/17/2015 BAKER DISTRIBUTING CO LLC 850.61
330810 9/17/2015 GO COASTAL INC 92.00
330811 9/17/2015 LINDSEY GARDENS LTD 384.00
330812 9/17/2015 RIVER PARK ASSOCIATES 49600
330813 9/17/2015 PING INC 148.34
330814 9/17/2015 CITY OF VERO BEACH 150,404.78
330815 9/17/2015 INDIAN RIVER ALL FAB INC 362.75
330816 9/17/2015 UNITED PARCEL SERVICE INC 9291
330817 9/17/2015 PETTY CASH 1977
330818 9/17/2015 UNITED STATES POSTAL SERVICE 21,287 75
330819 9/17/2015 APCO INTERNATIONAL, INC 20062
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TRANS NBR DATE VENDOR AMOUNT
330820 9/17/2015 LIVINGSTON PAGE 14000
330821 9/17/2015 JANITORIAL DEPOT OF AMERICA INC 72.39
330822 9/17/2015 TREASURE COAST HOMELESS SERVICES 1.016.46
330823 9/17/2015 PUBLI]X SUPERMARKETS 1295
330824 9/17/2015 RIVERSIDE ASSEMBLY OF GOD 15000
330825 9/17/2015 AAA COOPER TRANSPORTATION INC 196.52
330826 9/17/2015 ACUSHNET COMPANY 6,48279
330827 9/17!2015 INTERNATIONAL GOLF MAINTENANCE INC 85.581.00
330828 9/17/2015 IRC CHAMBER OF COMMERCE 4.800.02
330829 9/17/2015 FEDERAL EXPRESS CORP 2040
330830 9/17/2015 FEDERAL EXPRESS CORP 59.04
330831 9/17/2015 FLORIDA POWER AND LIGHT 38.861 67
330832 9/17/2015 PUBLIC DEFENDER 31181 93
330833 9/17/2015 PHILLIP J MATSON 219.88
330834 9/17/2015 RAINFOREST IRRIGATION 35000
330835 9/17/2015 PEACE RIVER ELECTRIC COOP INC 405.00
330836 9/17/2015 WASTE MANAGEMENT INC 80.460 00
330837 9/17/2015 JOSEPH A BAIRD 42205
330838 9/17/2015 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 20,000 00
330839 9/17/2015 CHRISTOPHER R MORA 115.46
330840 9/17/2015 HENRY SMITH 14000
330841 9/17/2015 AIRGAS CARBONIC INC 5,036.58
330842 9/17/2015 BRIDGE DESIGN ASSOCIATES INC 2,630.00
330843 9/17/2015 DONADIO AND ASSOCIATES ARCHITECTS 200.75
330844 9/17/2015 THE PALMS AT VERO BEACH 324.00
330845 9/17/2015 MICHAEL K VERNON 11.34
330846 9/17/2015 CELICO PARTNERSHIP 50498
330847 9/17/2015 VAN WAL INC 83200
330848 9/17/2015 JOSEPH W VASQUEZ 14000
330849 9/17/2015 OCLC ONLINE COMPUTER.LIBRARY CENTER 409.60
330850 9/17/2015 MICHAEL ZITO 15643
330851 9/17/2015 MCMAHON ASSOCIATES INC 18.046.28
330852 9/17/2015 LARRY STEPHENS 140.00
330853 9/17/2015 FLORIDA SUPERIOR SAND INC 1.923.26
330854 9/17/2015 SUNCOAST REALTY& RENTAL MGMT LLC 450.00
330855 9/17/2015 PETER OBRYAN 15.53
330856 9/17/2015 SONRISE VILLAS LTD 483.42
330857 9/17/2015 JOHNNY B SMITH 140.00
330858 9/17/2015 EAU GALLIE ELECTRIC INC 13500
330859 9/17/2015 FISHER&PHILLIPS LLP 3.782.35
330860 9/17/2015 INDIAN RIVER RDA LP 63600
330861 9/17/2015 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 250.00
330862 9/17/2015 RENAE CHANDLER 3000
330863 9/17/2015 TRADEWINDS POV1'ER CORP 58,417.00
330864 9/17/2015 TREASURE COAST FOOD BANK INC 207.27
330865 9/17/2015 K'S COMMERCIAL CLEANING 1,56000
330866 9/17/2015 YOUTH GUIDANCE DONATION FUND 833.34
330867 9/17/2015 NICOLACE MARKETING INC 1,065 00
330868 9/17/2015 EQ THE ENVIRONMENTAL QUALITY COMPANY 22,316.51
330869 9/17/2015 TRITEL INC 49.50
330870 9/17/2015 COUNTY NEWS INC 33999
330871 9/17/2015 GARRETT SMITH 14000
330872 9/17/2015 YAMAHA GOLF CAR COMPANY 361.98
330873 9/17/2015 INEOS NEW PLANET BIOENERGY LLC 11.28
330874 9/17/2015 ATLANTIC COASTAL LAND TITLE CO LLC 75.00
330875 9/17!2015 LEB DEMOLITION & CONSULTING CONTRATORS INC 25.486.00
330876 9/17/2015 GUETTLER BROTHERS CONSTRUCTION LLC 74.503.53
330877 9/17/2015 GUETTLER BROTHERS CONSTRUCTION LLC 169.613 15
330878 9/17/2015 YOUR AQUA INSTRUCTOR LLC 16000
330879 9/17/2015 MURPHY& WALKER P L 17.221 59
10
3
TRANS NBR DATE VENDOR AMOUNT
330880 9/17/2015 MARIA RESTO 74.50
330881 9/17/2015 CIT FINANCE LLC; 186.21
330882 9/17/2015 AHS HOLDINGS GROUP LLC 553.00
330883 9/17/2015 PROPAC INC 576.40
330884 9/17/2015 ALAN JAY CHEVROLET CADILLAC 24.912.00
330885 9/17/2015 BORRELLI &PARTNERS INC 6,771 40
330886 9/17/2015 GFA INTERNATIONAL INC 24,784.00
330887 9/17/2015 ALAN JAY FORD LINCOLN MERCURY INC 45,186.50
330888 9/17/2015 REPROGRAPHIC SOLUTIONS INC 49.32
330889 9/17/2015 LOWES HOME CENTERS INC 45.26
330890 9/17/2015 LABOR READY SOUTHEAST INC 1.335.95
330891 9/17/2015 CB&I COASTAL PLANNING & ENGINEERING INC 51731 90
330892 9/17/2015 J& H WATERSTOP UTILITIES INC 68.100.00
330893 9/17/2015 BURNETT LIME CO INC 3,194.80
330894 9/17/2015 IMPECCABLE SIGNS INC 168.00
330895 9/17/2015 COMMERCIAL BUILDING MAINTENANCE 1,643.00
330896 9/17/2015 PENGUIN RANDOM HOUSE LLC 251.25
330897 9/17/2015 SCADA SOLUTIONS LLC 3,00000
330898 9/17/2015 KANSAS STATE BANK OF MANHATTAN 138.40
330899 9/17/2015 KANSAS STATE BANK OF MANHATTAN 890.57
330900 9/17/2015 KATE P COTNER 144.38
330901 9/17/2015 BAKER DONELSON BEARMAN CALDWELL&BERKOM 1,560.00
330902 9/17/2015 COAST TO COAST COMPUTER PRODUCTS 390.38
330903 9/17/2015 THE LAW OFFICES OF JENNIFER D PESHKE PA 871 00
330904 9/17/2015 STS MAINTAIN SERVICES INC 1,450.00
330905 9/17/2015 EAST COAST VETERINARY SERVICES LLC 28.00
330906 9/17/2015 INTEGRITY LAWNS LLC 3.500.00
330907 9/17/2015 FOUNDATION FOR AFFORDABLE RENTAL HOUSING 487.00
330908 9/17/2015 MASCHM.EYER CONCRETE COMPANY OF FLORIDA 15,314.31
330909 9/17/2015 ENDLESS SUMMER AIR CONDITIONING LLC 548 00
330910 9/17/2015 RELIANT FIRE SYSTEMS INC 170.00
330911 9/17/2015 SYLIVIA MILLER 983.00
330912 9/17/2015 HAWKINS INC 302.00
330913 9/17/2015 ENCORE ONE LLC 2,271.86
330914 9/17!2015 LONGHORN LANDSCAPING AND SOD LLC 2,34900
330915 9/17/2015 TK6INC 4,069.80
330916 9/17/2015 FLORIDA SILICA SAND COMPANY 4,206.00
330917 9/17/2015 BLACKHAWK ENTERPRISE INC 82,220.00
330918 9/17/2015 SUN.AQUATICS LLC 10.00
330919 9/17/2015 TRIBOND LLC 8,167.44
330920 9/17/2015 CATHEDRAL CORPORATION 2,755.36
330921 9/17/2015 LAKE SHORE ELECTRIC CORPORATION 1,09200
330922 9/17/2015 ARE JAY INVESTMENTS OF INDIAN RIVER COUNTY 171, 521 00
330923 9/17/2015 CHARLTON H FORRESTER JR 50000
330924 9/17/2015 YORK INTERNATIONAL CORPORATION 1.180.00
330925 9/17/2015 MARCUS VILORIA 50.00
330926 9/17/2015 JAK1A BENNEFIELD 50.00
330927 9/17/2015 K.IERNAN P MOYLAN 40000
330928 9/17/2015 PENNIE TYSON 5000
330929 9!17/2015 JOHNSON-DAVIS INCORPORATED 120.29996
330930 9/17/2015 SALLY MENZIES 45.00
330931 9/17/2015 JESSICA HARPER 50.00
330932 9/17/2015 BRANDY OSOR10 50.00
330933 9/17/2015 ADAM OGILVIE 50.00
330934 9/17/2015 CRYSTAL PHILLIPS 5000
330935 9/17/2015 HERBERT FLOWERS 50.00
330936 9/17/2015 BERTHIDE CLERCIRA 5000
330937 9/17/2015 PATRICIA HOLMES 5000
330938 9/17/2015 SQUIDLYS BOOK INC 31 11
330939 9/17/2015 RENEE FREEMAN 35 53
11
4
i
TRANS NBR DATE VENDOR AMOUNT
330940 9/17/2015 SONRISE VILLAS 11 LLC 50000
330941 9/17/2015 UTIL REFUNDS 75 72
330942 9/17/2015 UTIL REFUNDS 55.84
330943 9/17/2015 UTIL REFUNDS 33 69
330944 9/17/2015 UTIL REFUNDS 507.31
330945 9/17/2015 UTIL REFUNDS 55.22
330946 9/17/2015 UTIL REFUNDS 3203
330947 9/17/2015 UTIL REFUNDS 40.03
330948 9/17/2015 UTIL REFUNDS 2.59
330949 9/1 7/2015 UTIL REFUNDS 28819
330950 9/17/2015 UTIL REFUNDS 38 07
330951 9/17/2015 UTIL REFUNDS 20.37
330952 9/17/2015 UTIL REFUNDS 19.97
330953 9/17/2015 UTIL REFUNDS 20.86
330954 9/17/2015 UTIL REFUNDS 3602
330955 9/17/2015 UTIL REFUNDS 208.30
330956 9/17/_2015 UTIL REFUNDS 108.71
330957 9/17/2015 UTIL REFUNDS 7802 {
330958 9/17/2015 UTIL REFUNDS 65.23
330959 9/17/2015 UTIL REFUNDS 91.63
330960 9/17/2015 UTIL REFUNDS 14.22
330961 9/17/2015 UTIL REFUNDS 69.80
330962 9/17/2015 UTIL REFUNDS 68.22
330963 9/17/2015 UTIL REFUNDS 69.02
330964 9/17/2015 UTIL REFUNDS 36.43
330965 9/17/2015 UTIL REFUNDS 17.53
330966 9/17/2015 UTIL REFUNDS 24.74
330967 9/17/2015 UTIL REFUNDS 29.79
330968 9/17/2015 UTIL REFUNDS 51 10
330969 9/17/2015 UTIL REFUNDS 50.32
330970 9/17/2015 UTIL REFUNDS 20.30 #
330971 9/17/2015 UTIL REFUNDS 667
330972 9/17/2015 UTIL REFUNDS 2407 '
330973 9/17/2015 UTIL REFUNDS 8908
330974 9/17/2015 UTIL REFUNDS 6840
330975 9/17/2015 UTIL REFUNDS 69 18
330976 9/17/2015 UTIL REFUNDS 15 13
330977 9/17/2015 UTIL REFUNDS 20.32
330978 9/17/2015 UTIL REFUNDS 20.80
330979 9/17/2015 UTIL REFUNDS 43 78
330980 9/17/2015 UTIL REFUNDS 67 76
330981 9/17/2015 UTIL REFUNDS 4602
330982 9/17/2015 UTIL REFUNDS 20 15
330983 9/17/2015 UTIL REFUNDS 1201
330984 9/17/2015 UTIL REFUNDS 30.35
330985 9/17/2015 UTIL REFUNDS 14.82
330986 9/17/2015 UTIL REFUNDS 352.01
330987 9/17/2015 FLORIDA POWER AND LIGHT 12 70
Grand Total: 1,574,999.64
12
5
ELECTRONIC PAYMENT - VISA CARD
TRANS.NBR DATE VENDOR AMOUNT '
1007392 9/14/2015 AT&T 873.80
1007393 9/14/2015 OFFICE DEPOT BSD CUSTOMER SVC 2,64976
1007394 9/14/2015 POLYDYNE INC 2.507 00
1007395 9/14/2015 BRIDGESTONE GOLF INC 280.41
1007396 9/14/2015 EVERGLADES FARM EQUIPMENT CO INC 1,048.56
1007397 9/14/2015 COMMUNICATIONS INTERNATIONAL 252.50
1007398 9/14/2015 COLD ALR DISTRJBUTORS WAREHOUSE 678.84
1007399 9/14/2015 DAVIDSON TITLES INC 952.34
1007400 9/14/2015 GROVE WELDERS INC 302 75
1007401 9/14/2015 ARAMARK UNIFORM & CAREER APPAREL LLC 35064
1007402 9/14/2015 CENGAGE LEARNING CORPORATION 182.18
1007403 9/14/2015 FERGUSON ENTERPRISES INC 13.560.00
1007404 9/14/2015 COMPLETE ELECTRIC INC 900.00
1007405 9/14/2015 FLAGLER CONSTRUCTION EQUIPMENT LLC 447.91
1007406 9/14/2015 COPYTRONICS INC 35200
1007407 9/14/2015 CAPITAL OFFICE PRODUCTS 31840
1007408 9/14/2015 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 62.95
1007409 9/14/2015 BENNETT AUTO SUPPLY INC 50462
1007410 9/15/2015 PRAXAIR DISTRIBUTION SOUTHEAST LLC 97.22
1007411 9/15/2015 COPYCOINC 57.29
1007412 9/15/2015 SAFETY PRODUCTS INC 313.65
1007413 9/15/2015 INDIAN RIVER BATTERY 67.40
1007414 9/15/2015 INDIAN RIVER OXYGEN INC 96.00
1007415 9/15/2015 RELIABLE SEPTIC AND SERVICE 4500
1007416 9/15/2015 NEWMANS POWER SYSTEMS 291 75
1007417 9/15/2015 IRRIGATION CONSULTANTS UNLIMITED INC 1000
1007418 9/15/2015 RECORDED BOOKS LLC 132.40
1007419 9/15/2015 SOUTHERN COMPUTER WAREHOUSE 2.082.54
1007420 9/15/2015 DEERE&COMPANY 364.54
1007421 9/15/2015 PRIDE ENTERPRISES 262 15
1007422 9/15/2015 SHRMVE CHEMICAL CO 2.982 18
1007423 9/15/2015 SYNAGRO-WWT INC 28.249.53
1007424 9/15/2015 SOUTHERN JANITOR SUPPLY INC 2,876.33
1007425 9/15/2015 PROTRANSMASTERS II INC - 475.17
1007426 9/15/2015 STAT MEDICAL DISPOSAL INC 57000
1007427 9/15/2015 HYDRA SERVICE(S)INC 3,22846
1007428 9/15/2015 PACE ANALYTICAL SERVICES INC 5,00400
1007429 9/15/2015 XYLEM WATER SOLUTION USA INC 2,41340
1007430 9/15/2015 JDA SYSTEMS 49500
Grand Total: 76,338.67
13
1
ELECTRONIC PAYMENTS - )WIPE & ACH
TRANS NBR DATE VENDOR AMOUNT
3819 9/11/201 5 IC MA RETIREMENT CORPORATION 10,920.90
3820 9/11/2015 FLORIDA LEAGUE OF CITIES, INC 6,683.61
3821 9/11/2015 NACO/SOUTHEAST 545.12
3822 9/11/2015 ICMA RETIREMENT CORPORATION 2,085.00
3823 9/11/2015 IRC FIRE FIGHTERS ASSOC 5,820.00
3824 9/11/2015 NACO/SOUTHEAST 24,985.23
3825 9/11/2015 C E R SIGNATURE CLEANING 5,000.00
3826 9/11/2015 R W WILSON AND ASSOCIATES LLC 4,090.00
3827 9/11/2015 VETERANS COUNCIL OF I R C 6,120.08
3828 9/11/2015 KAST CONSTRUCTION COMPANY LLC 286,940.24
3829 9/11/2015 WRIGHT EXPRESS FSC 18,223.28
3830 9/11/2015 FL SDU 6,232.35
3831 9/14/2015 IRS-PAYROLL TAXES 365,123.39
3832 9/15/2015 IRS-PAYROLL TAXES 20,229.95
3833 9/16/2015 SUPREME TITLE VERO BEACH 15,000.00
3834 9/17/2015 BENEFITS WORKSHOP 7,892.60
Grand Total: 785,891.75
1 14
JEFFREY R. SMITH, CEA, CGFO, CGMA
Clerk of Circuit Court&Comptroller �� +
Finance Department
1801 27`h Street
Vero Beach, FL 32960
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
FROM: DIANE BERNARDO, FINANCE DIRECTOR
THRU: JEFFREY R. SMITH, COMPTROLLER
DATE: September 24, 2015
SUBJECT: APPROVAL OF WARRANTS
September 18, 2015 to September 24, 2015
In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic
payments) issued by the Board of County Commissioners are to be recorded in the Board
minutes.
Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the
time period of September 18, 2015 to September 24, 2015.
Attachment:
DLB: DB
15
a
CHECKS WRITTEN
TRANS NBR DATE VENDOR AMOUNT
• 330988 9/22!2015 HAWKS CAY RESORT 33800
330989 9/24/2015 PORT CONSOLIDATED INC 467 16
330990 9/24/2015 JORDAN MOWER INC 48.23
330991 9/24/2015 VERO CHEMICAL DISTRIBUTORS INC 361.60
330992 9/24/2015 RICOH USA INC 144.37
330993 9/24/2015 CHISHOLM CORP OF VERO 2.508.84
330994 9/24/2015 VELDE FORD INC 707
330995 9/24/2015 STEWART MATERIALS INC 910.24
330996 9/24/2015 AT&T WIRELESS 1.041 00
330997 9/24/2015 DATA FLOW SYSTEMS INC 7.295.00
330998 9/24/2015 PARALEE COMPANY INC 400.00
330999 9/24/2015 DELTA SUPPLY CO 173 10
331000 9/24/2015 E-Z BREW COFFEE&BOTTLE WATER SVC 67.39
331001 9/24/2015 KELLY TRACTOR CO 40697
331002 9/24/2015 REPUBLIC SERVICES INC 493.059.95
331003 9/24/2015 REPUBLIC SERVICES INC 27979
331004 9/24/2015 TEMPLE INC 7,132.00
331005 9/24/2015 AMERIGAS EAGLE PROPANE LP 129.00
331006 9/24/2015 AMERIGAS EAGLE PROPANE LP 138.58
331007 9/24/2015 AMERIGAS EAGLE PROPANE LP 166.37 j
331008 9/24/2015 AMERIGAS EAGLE PROPANE LP 292.39
331009 9/24/2015 AMERIGAS EAGLE PROPANE LP 379.97 i
331010 9/24/2015 AMERIGAS EAGLE PROPANE LP 633.37
331011 9/24/2015 AMERIGAS EAGLE PROPANE LP 768.41
331012 9/24/2015 GAYLORD BROTHERS INC 199.06
331013 9/24/2015 CLIFF BERRY INC 20.10
331014 9/24/2015 PHYSIO CONTROL INC 63,717.62
331015 9%24/2015 KSM ENGINEERING& TESTING INC 2,013.00
331016 9/24/2015 HD SUPPLY WATERWORKS, LTD 16,355 89
331017 9/24/2015 PETES CONCRETE 5,925 00
331018 9/24/2015 EGP INC 169.52
331019 9/24;2015 VERO INDUSTRIAL SUPPLY INC 290.33
331020 9/24/2015 EXPRESS REEL GRINDING INC 2,500.00
331021 9/24/2015 TIRESOLES OF BROWARD INC 96.26
331022 9/24/2015 CARTER ASSOCIATES INC 7,87800
331023 9/24/20.15 DELL MARKETING LP 26,347 60
331024 9/24/2015 GENERAL PART INC 78602
331025 9/24/2015 GOODYEAR AUTO SERVICE CENTER 785.68
331026 9/24/2015 BAKER&TAYLOR INC 622.57
331027 9/24/2015 MIDWEST TAPE LLC 233.92
331028 9/24/2015 PRECISION CONTRACTING SERVICES INC 6,93000
331029 9/24/2015 MICROMAR.KETING LLC 24498
331030 9/24/2015 K &M ELECTRIC SUPPLY 130.40
331031 9/24/2015 PALM TRUCK CENTERS INC 224 67
331032 9/24/2015 PENWORTHY COMPANY 2.405.45
331033 9/24/2015 TRIPLE C&T INVESTMENTS 35.58
331034 9/24/2015 CITY OF VERO BEACH 14,580.21
331035 9/24/2015 CITY OF VERO BEACH 163.25
331036 9/24/2015 CITY OF VERO BEACH 1.054.13
331037 9!24/2015 CHAPTER 13 TRUSTEE 478.38
331038 9/24/2015 UNITED WAY OF INDIAN RIVER COUNTY 676.94
331039 9/24/2015 INDIAN RIVER ALL FAB INC 660.21
331040 9/24/2015 FLORIDA EAST COAST RAILWAY LLC 7.239.00 i
331041 9/24/2015 JANITORIAL DEPOT OF AMERICA INC 260.37
331042 9/24/2015 PUBLIX SUPERMARKETS 97 78
331043 9/24/2015 ACUSHNET COMPANY 5,15004
331044 9/24/2015 CULTURAL COUNCIL OF IRC 23,601.26
331045 9/24/2015 FLORIDA WATER&POLLUTION CONTROL 160.00
16
1 '
TRANS NBR DATE VENDOR AMOUNT
331046 9/24/2015 NYE LTD 65000
331047 9/24/2015 IRC CHAMBER OF COMMERCE 18.880 67
331048 9/24!2015 WEST PUBLISHING CORPORATION 37700
331049 9/24/2015 FEDERAL EXPRESS CORP 62.39
331050 9/24/2015 ELIZABETH MARTIN 9693
331051 9/24/2015 LITTER GITTER INC 126.00
331052 9/24/2015 CITY OF SEBASTIAN 20,054.35 a
331053 9/24/2015 TRAFFIC PARTS INC 1.597.50
331054 9/24,2015 CALLAWAY GOLF SALES COMPANY 4.15
331055 9/24/2015 FLORIDA RECREATION&PARK ASSOC INC 16000
331056 9/24/2015 FLORIDA POWER AND LIGHT 48.740.86
331057 9/24/2015 UNITED STATES LIFESAVING ASSOCIATION 75000
331058 9/24/2015 TAYLOR MADE GOLF CO INC 1.396 12
331059 9/24/2015 GIFFORD YOUTH ACTIVITY CENTER INC 2,278.21
331060 9/24/2015 STATE ATTORNEY 2.510.62
331061 9/24/2015 CITY OF FELLSMERE 181.38
331062 9/24/2015 NEW HORIZONS OF THE TREASURE COAST 23.229.50
331063 9/24/2015 SUNSHINE STATE ONE CALL OF FL INC 1.138.46
331064 9/24/2015 SASAN ROHANI 147.00
331065 9/24/2015 TREASURE COAST SPORTS COMMISSION INC 3.030.00
331066 9/24/2015 SUNSHINE LAND DESIGN 33,116.40
331067 9/24/2015 IRC HEALTHY START COALITION INC 41666
331068 9/24/2015 CENTRAL FLORIDA PRIMA 2500
331069 9/24/2015 TRANSPORTATION CONTROL SYSTEMS 4.350.00
331070 9/24/2015 INDIAN RIVER FARMS WATER CNTRL DIST 490.50
331071 9/24/2015 DONADIO AND ASSOCIATES ARCHITECTS 851.00 j
331072 9/24/2015 PINNACLE GROVE LTD 108.00 4
331073 9/24/2015 DAVCO ELECTRICAL CONTRACTORS CORP 989.57 ;
331074 9/24/2015 HAYTH,HAYTH &LANDAU 125.00
331075 9/24/2015 NATIONAL ASSOC OF ENVIRONMENTAL 235.00
331076 9/24/2015 STAN BOLING 69.00
331077 9/24/2015 THE PALMS AT VERO BEACH 1,04100
331078 9/24/2015 THE AVANT] COMPANY INC 2.844.00
331079 9/24/2015 RUSSELL PAYNE INC 668.01
331080 9/24/2015 TRANE US INC 88,795.36
331081 9/24/2015 CELICO PARTNERSHIP 42979
331082 9/24/2015 VAN WAL INC 10.00
331083 9/24/2015 BLUE PLANET ENVIRONMENTAL SYSTEMS INC 3,220.00
331084 9/24/2015 FLORIDA RURAL LEGAL SERVICES INC 2.133.97
331085 9/24/2015 THE SHERWIN WILLIAMS CO 3.560.40
331086 9/24/2015 CHRISTINE KELLY—BEGAZO 35500
331087 9/24/2015 HOTONIEL BEDOLLA 400.00
331088 9/24/2015 JACKS COMPLETE TREE SERVICE 650.00
331089 9/24/2015 MASTELLER& N40LER INC 6.880.00
331090 9/24/2015 ETR LLC 292.53
331091 9/24/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 233.93
331092 9/24/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 237 10
331093 9/24/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 132.30
331094 9/24/2015 CREATIVE FLOORS OF VERO BEACH INC 9,561 60
331095 9/24/2015 JOHN DEERE LANDSCAPES 61.77
331096 9/24/2015 CAROLE J MADIGAN' 1,86000
331097 9/24/2015 MICHAEL SCHLITT CONSTRUCTION INC 858.39
331098 9/24/2015 HINKLE& SONS SERVICES INC 3,80000
331099 9/24/2015 PAK MAIL 164.55
331100 9/24/2015 INDIAN RIVER RDA LP 39200
331101 9/24/2015 MAURICE W BROWN 336.00
331102 9/24/2015 FLUID CONTROL SPECIALTIES INC 610.60
331103 9/24/2015 VERO BEACH BROADCASTERS LLC 1,40000
331104 9/24/2015 PAULA WHIDDON 400.00
331105 9/24/2015 NICOLACE MARKETING INC 6,431 25
17
2
TRANS NBR DATE VENDOR AMOUNT
331106 9/24/2015 COURTYARD VILLAS OF VERO LLC 211 00
331107 9/24/2015 TRI TEL INC 49.50
331108 9/24/2015 TREVENO COLLEY 250.00
331109 9/24/2015 VERO BEACH VdINNELSON COMPANY INC 91.24
331110 9/24/2015 RAINBOW GROUP LLC 7.47800
331111 9/24/2015 NORTH HARRIS COMPUTER CORPORATION 11.875.00
331112 9/24/2015 KNAPHEIDE TRUCK EQUIPMENT SOUTHEAST 145.17
331113 9/24/2015 NICK JOVANOVICH 40000
331114 9/24/2015 FNIEOS NEW PLANET BIOENERGY LLC 52,223.08
331115 9/24/2015 ATLANTIC COASTAL LAND TITLE CO LLC 26000
331116 9/24/2015 BOULEVARD TIRE CENTER 461.30
331117 9/24/2015 YOUR AQUA INSTRUCTOR LLC 6000
331118 9/24/2015 DELRAY MOTORS 352.72
331119 9/24/2015 DATA TRANSFER SOLUTIONS LLC 7,200.00
331120 9/24/2015 SOUTHEAST INDUSTRIAL SALES CO INC 1.286.17
331121 9/24/2015 SEMS TECHNOLOGIES LLC 5.750 00
331122 9/24/2015 OLDCASTLE LAWN & GARDEN INC 5.501.60
331123 9/24/2015 TIM ZORC 16995
331124 9/24/2015 AMERICAN MESSAGING SERVICES LLC 7.79
331125 9/24/2015 LOWES HOME CENTERS INC 2,836.33
331126 9/24/2015 LABOR READY SOUTHEAST INC 8;608.08
331127 9/24/2015 CANON SOLUTIONS AMERICA INC 1.058.16
331128 9/24/2015 BURNETT LIME CO INC 3.203.20
331129 9/24/2015 PENGUIN RANDOM HOUSE LLC 93.75
331130 9/24/2015 PITMAN TRACTOR& EQUIPMENT INC 19500
331131 9/24/2015 CALDWELL PACETTI EDWARDS 754.75
331132 9/24/2015 KANSAS STATE BANK OF MANHATTAN 13840
331133 9/24/2015 KATE P COTNER 250.00
331134 9;24/2015 SAMBA HOLDINGS INC 1.34866
331135 9/24/2015 FAMILY SUPPORT REGISTRY 966
331136 9/24/2015 FAMILY SUPPORT REGISTRY 13.51
331137 9/24/2015 REI ENGINEERS INC 2?00 00
331138 9/24/2015 THE LAW OFFICES OF JENNIFER D PESHKE PA 861.00
331139 9/24/2015 ANDREW D.FLEISHER. ESQ
15000
331140 924/2015 ALL N PROFESSIONAL SERVICES 95000
331141 9/24/2015 ARROW INTERNATIONAL 1.10905
331142 9/24/2015 FOUNDATION FOR AFFORDABLE RENTAL HOUSING 630.00
331143 9/24/2015 GIVING KIDZ A CHANCE INC 2.50000
331144 9/24/2015 GIVING KIDZ A CHANCE INC 2.500.00
331145 9/24/2015 RELIANT FIRE SYSTEMS INC 84400
331146 9/24/2015 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 85000
331147 9/24/2015 THE TRANSIT GROUP INC 15.466.05
331148 9/24/2015 FLORITURF SOD INC 25200
331149 9/24/2015 LONGHORN LANDSCAPING AND SOD LLC 1.972.00
331150 9/24/2015 TK6INC 4.410.00
331151 9%24/2015 BAUER INTERNATIONAL PURVEYORS LLC 2.416.60
331152 9/24/2015 KAMAN INDUSTRIAL TECHNOLOGIES CORPORATION 1.585 00
331153 9/24/2015 ANDERSEN ANDRE CONSULTING ENGINEERS INC 3.671.00
331154 9/24/2015 KENDRA COPE 17.80
331155 924/2015 GENUINE PARTS COMPANY 298.50
331156 9/24/2015 BERGER SINGERMAN LLP 25.370.00
331157 9/24/2015 WHM FOUNDATION STABILIZATION LLC 14.600 00
331158 9/24/2015 DELTA MANAGEMENT ASSOCIATES INC 545.35
331159 9/24/2015 ENTERPRISE RECOVERY SYSTEMS INC 258.74
331160 9/24,2015 BILL SCHUTT 6900
331161 9/24/2015 CATHEDRAL CORPORATION 1.19506
331162 9/24/2015 SONRISE VILLAS 11 LLC 18600
331163 9/24/2015 TALX CORPORATION 143.50
331164 9/24/2015 JOHN T STANLEY 3.975 00
331165 9/24/2015 OMNI HOTELS&RESORTS 310.00
18
3
TRANS NBR DATE VENDOR AMOUNT
331166 9/24/2015 RICHARD MATHIS 46.99
331167 9/24/2015 UTIL REFUNDS 128 33
331168 9/2412015 UTIL REFUNDS 122.57
331169 9/24/2015 UTIL REFUNDS 86.38
331170 9/24/2015 UTIL REFUNDS 4446
331171 9/24/2015 UTIL REFUNDS 45 73
331172 9/24/2015 UTIL REFUNDS 139.29
331173 9/24/2015 UTIL REFUNDS 41.56
331174 9/24/2015 UTIL REFUNDS 41 70
331175 9/24/2015 UTIL REFUNDS 13.49
331176 9/24/2015 UTIL REFUNDS 30.81
331177 9/24/2015 UTIL REFUNDS 6473
331178 9/24/2015 UTIL REFUNDS 13244
331179 9/24/2015 UTIL REFUNDS 8.65
331180 9/24/2015 UTIL REFUNDS 46.22
331181 9/24/2015 UTIL REFUNDS 38.90
331182 9/24/2015 UTIL REFUNDS 10.88
331183 9/24/2015 UTIL REFUNDS 40.63
331184 9/24/2015 UTIL REFUNDS 42.18
331185 9/24/2015 UTIL REFUNDS 59.87
331186 9/24/2015 UTIL REFUNDS 37.66
331187 9/24/2015 UTIL REFUNDS 51.23
331188 9/24/2015 UTIL REFUNDS 85.75
331189 9/24/2015 UTIL REFUNDS 43.88
331190 9/24/2015 UTIL REFUNDS 35.05
331191 9/24/2015 UTIL REFUNDS 4289
331192 9/24/2015 UTIL REFUNDS 69.75
331193 9/24/2015 UTIL REFUNDS 61 44
331194 9/24/2015 UTIL REFUNDS 71.97
331195 9/24/2015 UTIL REFUNDS 79.90
331196 9/24/201.5 UTIL REFUNDS 109.28
331197 9/24/2015 UTIL REFUNDS 44.66
331198 9/24/2015 UTIL REFUNDS 9.46
331199 9/24/2015 UTIL REFUNDS 13 72
331200 9/24/2015 UTIL REFUNDS 77.77
331201 9/24/2015 UTIL REFUNDS 16.63
331202 9/24/2015 UTIL REFUNDS 7,07
331203 9/24/2015 UTIL REFUNDS 338.56
331204 9/24/2015 UTIL REFUNDS 72.79
331205 9/24/2015 UTIL REFUNDS 246.72
331206 9/24/2015 UTIL REFUNDS 9.38
331207 9/24/2015 UTIL REFUNDS 177.18
Grand Total: 1,217;635.06
19
4
1
ELECTRONIC PAYI MNT - VISA CARD
TRANS.NBR DATE VENDOR
AMOUNT '
1007431 9/18/2015 EVERGLADES FARM EQUIPMENT CO INC 382.13
1007432 9/18/2015 COMMUNICATIONS INTERNATIONAL 71.08
1007433 9/18/2015 DAVIDSON TITLES INC 3.18101
1007434 9/18/2015 ALLIED UNIVERSAL CORP 2.610.00
1007435 9/18!2015 GROVE WELDERS INC 51 70
1007436 9/18/2015 ARAMARK UNIFORM & CAREER APPAREL LLC 1.009.29
1007437 9/18/2015 CENGAGE LEARNING CORPORATION 601 11
1007438 9/18/2015 FERGUSON ENTERPRISES INC 5.953.92
1007439 9/18/2015 COMO OIL COMPANY OF FLORIDA 358.64
1007440 9/18/2015 GLOBAL GOLF SALES INC 96.46
1007441 9/18!2015 ESRI INC 11597
1007442 9/18/2015 FLORIDA LEVEL&TRANSIT CO INC 6,310.00
1007443 9/18/2015 CAPITAL OFFICE PRODUCTS 975.40
1007444 9/18/2015 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 79.20
1007445 9/18/2015 BENNETT AUTO SUPPLY INC 100.28
1007446 9/21/2015 PRAXAIR DISTRIBUTION SOUTHEAST LLC 313.84
1007447 9/21/2015 COPYCO INC 13947
1007448 9/21/2015 HENRY SCHEIN INC 10,589.31
1007449 9/21/2015 SAFETY PRODUCTS INC 4.273.20
1007450 9/21/2015 PLAYCORE HOLDINGS INC 31450.00
1007451 9/21/2015 IRRIGATION CONSULTANTS UNLIMITED INC 13.90
1007452 9/21/2015 WORLD INDUSTRIAL EQUIPMENT INC 2,771 00
1007453 9/21/2015 RECORDED BOOKS LLC 9900
1007454 9/21/2015 SOUTHERN COMPUTER WAREHOUSE 1.18063
1007455 9/21/2015 WIGINTON CORP 4,64900
1007456 9/21/2015 COMMUNITY ASPHALT CORP 797.31
1007457 9/21/2015 MIDWEST MOTOR SUPPLY CO 184.39
1007458 9/21/2015 RECHTIEN INTERNATIONAL TRUCKS 262.50
1007459 9/21/2015 SYNAGRO-WWT INC 22.44710
1007460 9/21/2015 SOUTHERN JANITOR SUPPLY INC 957.52
1007461 9/21/2015 HARCROS CHEMICALS,INC. 4.94646
1007462 9/21/2015 METRO FIRE PROTECTION SERVICES INC 42000
1007463 9/21/2015 SPINNAKER VERO INC 858.10
1007464 9/21/2015 L&L DISTRIBUTORS 3843
1007465 9/21/2015 PACE ANALYTICAL SERVICES INC 7.39800
1007466 9/21/2015 SCRIPPS NP OPERATING LLC 596.38
1007467 9/22/2015 AT&T 5,584.51
1007468 9/22/2015 OFFICE DEPOT BSD CUSTOMER SVC 1,196 83
1007469 9/22/2015 WASTE MANAGEMENT INC 81.162.38
1007470 9/22/2015 BRIDGESTONE GOLF INC 201.92
Grand Total: 176,427.37
20
1
i
ELECTRONIC FAYMENTS - WIRE &. ACH
TRANS NBR DATE VENDOR AMOUNT
3835 9/18/2015 SCHOOL DISTRICT OF 1 R COUNTY 90.920.00
3836 9/18/2015 INDIAN RIVER COUNTY SHERIFF 1.341.22
3837 9/18/2015 CLOSE CONSTRUCTION LLC 300,740 94
3838 9/18/2015 KINILEY HORN&ASSOC INC 20.667 00
3839 9/21/2015 VEROTOWN LLC 34.609 03
3840 9/21/2015 BENEFITS WORKSHOP 7.535.28
3841 9/24/2015 INDIAN RIVER COUNTY SHERIFF 25.930 68
Grand Total: 481.744.15
21
1
CONSENT. 10/6/15
�.
tv� Of ce of
a INDIAN RIVE. COUNTY
r ATTORNEY
Dylan Reingold,County Attorney
Witham K.DeBraal,Deputy Count} Attorney Rp A
Kate Pingolt Cotner,Assistant Counn,Attorney ME M O RAN®u IYI
TO: Board of County Commissioners
FROM: William K. DeBraal - Deputy County Attorney P��
DATE: September 22, 2015
SUBJECT: Resolution Cancelling Taxes on Property Acquired by the City of
Sebastian for Remediation of Public Nuisance and Health Hazard
A Resolution has been prepared for the purpose of cancelling any delinquent or
current taxes which may exist on the following property acquired by the City of
Sebastian:
Property acquired from Joan Pollitt and fully described in that
certain Quit-Claim Deed recorded in Book 2863, Pages 1501-1502
of the Public Records of Indian River County, Florida for use by the
City of Sebastian for the remediation of public nuisance and health
hazard.
FUNDING:
There is no cost associated with this item.
RECOMMENDATION:
Authorize the Chairman of the Board of County Commissioners to execute the
attached Resolution to cancel certain taxes upon publicly owned lands, and the
Clerk to send a certified copy of same to the Tax Collector and the Property
Appraiser so that any delinquent or current taxes can be cancelled.
/nhm
Attachments: letter request
Resolution
cc: Carole Jean Jordan-Tax Collector
David Nolte-Property Appraiser
Robert A. Ginsburg—City Attorney, City of Sebastian
Approved for October 6, 2095 BCC Meeting Indian River Co. Approved DaN,-C&
CONSENT AGENDA Admin. D /
Co Atty. 4 _udgetC TY ATTORNEY De artment Z2
Risk Management
. /
CRY OF
SE
SEP 18 2015
HOME OF PELICAN ISLAND
1225MAIN STREET°SEBASTIAN, FLORIDA 32958
TELEPHONE. (772)588'5330° FAX(772)589'557U
September 16' 2015
Ms.NancyK8ossa|i
Legal Assistant
Indian River County Attorney's Office
1801 27 1h Street, Building
Vero Beach, FL 32960
Re: Quit Claim Deed toCity ofSebastian (See Attached)
198 Columbus Street, Sebastian, FL 32958
Dear Ms. K4ossa|i:
The City of Sebastian recently acquired the above referenced parcel of land and respectfully requests
that Indian River County provide anexemption from ad valorem taxes.
The previous owner died in 2013 and the property has deteriorated to the point that itconstitutes a
public nuisance, a health hazard and an "attractive nuisance" in the community. Neighboring property
owners brought this derelict property to the attention of the City with numerous complaints. A
substantial portion of the roof has fallen in and the interior walls have accumulated significant mold
damage. The City's Building Director has determined that the property cannot be repaired and must be
demolished. The property is considered an Unsafe Structure per City Code of Ordinance 26-34.08.
The Indian River County Property Appraisers Office has recently inspected the property and agrees with
the foregoing conclusions. The Office has reduced the 2015 assessment tothe lowest amount possible
under Department ofRevenue Regulations. All property taxes including an escrow for 2O1S taxes have
been paid.
The Sebastian City Council was made aware of the condition of the property and the fact that no family
members were interested in inheriting it and becoming responsible for any repairs. The City Council
determined, consistent with staff advice, that the most expeditious way of addressing this public
nuisance was for the City to acquire ownership and demolish the structure. Therefore, the public
purpose in this case is the remediation of a public nuisance and health hazard.
Thank you for your attention to this matter.
Very truly yours, |
'�0r
Robert A. Ginsburg
City Attorney
23
Parcel#31-38-01-00002-0160-00021.0
Acquired by City of Sebastian from Joan Pollitt
Public Purpose. remediation of public nuisance and health hazard
Location: Lot 21, Block 16, Sebastian Highlands, Unit 1
(198 Columbus Street, Sebastian, FL 32958)
I
RESOLUTION NO. 2015-
A RESOLUTION OF INDIAN RIVER
COUNTY, FLORIDA, CANCELLING
CERTAIN TAXES UPON PUBLICLY OWNED
LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES. t
WHEREAS, section 196.28, Florida Statutes, allows the Board of
County Commissioners of each County to cancel and discharge any and all liens
for taxes, delinquent or current, held or owned by the county or the state, upon
lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States, for
road purposes, defense purposes, recreation, reforestation, or other public use;
and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are or
will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and directed
1 24
I
RESOLUTION NO. 2015-
to make proper entries upon the records to accomplish such cancellation and to
i
do all things necessary to carry out the provisions of section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, that:
Any and all liens for taxes delinquent or current against the following
described lands acquired for public use for the remediation by the City of
Sebastian of a public nuisance and health hazard are hereby cancelled pursuant
to the authority of section 196.28, F.S.
See attached Quit-Claim Deed describing lands,
recorded in Book 2863 at Pages 1501-1502, Public
Records of Indian River County, Florida.
The resolution was moved for adoption by Commissioner , and
the motion was seconded by Commissioner , and, upon being put to
a vote, the vote was as follows:
Wesley S. Davis, Chairman
Bob Solari, Vice Chairman
Commissioner Joseph E. Flescher
Commissioner Tim Zorc
Commissioner Peter D. O'Bryan
2
25
i
I
RESOLUTION NO. 2015-
The Chairman thereupon declared the resolution duly passed and
adopted this day of October, 2015.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Wesley S. Davis, Chairman
ATTEST: Jeffrey R. Smith, Clerk
of Court and Comptroller
By:
Deputy Clerk
Tax Certificates Outstanding yes ,/ no
Current Prorated Tax Received and (09
Deposited with Tax Collector $ 0� �.
APPROVED AS TO FORM
AND LEGAL SUFFICI CY
sr��&" - '
WILLIAM K.6EBKAAL
DEPUTY COUNTYATTORNEY
i
3
26
I
120150043866 RECORDED IN THE RECORDS OF JEFFREY R.SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL
tK: 2863 PG: 1501,7/20/2015 10:45 AM D DOCTAX PD S0.70
-70 DS .
Prepared by:
Burney J.Carter,P.A.
Post Office Box 780266
Sebastian,FL 32978-0266
When recorded return to:
Burney J.Carter,P.A.
Post Office Box 780266
Sebastian, FL 32978-0266
Parcel ID Number: 31380100002016000021.0
pace above this line reserved for recording off-ice use on y
QUIT-CLAIM DEED
1. IDENTIFICATION OF GRANTORS
Grantors' names and addresses are: JOAN POLLITT
8621 Leatherwood Road
Gulford, Indiana 47022
The word "I" or"me" as hereafter used means the Grantor.
2. IDENTIFICATION OF GRANTEES
Grantee's name and address is: CITY OF SEBASTIAN,
a Florida Municipal Corporation
1225 Main Street
Sebastian, Florida 32958
The word "you" as hereafter used means the Grantee.
3. MEANINGS OF TERMS
The terms "I," "me," "you," "grantor," and "grantee," shall be non-gender specific ((I)
masculine, (ii).feminine, or (iii) neuter, such as corporations, partnerships or trusts), singular or
plural,as the context permits or requires,and include heirs,personal representatives,successors or
assigns where applicable and permitted.
4. DESCRIPTION OF REAL PROPERTY CONVEYED Nj
Property hereby conveyed(the"Real Property"),located in Indian River County,Florida,is
described as follows:
Lot 21,Block 16, Sebastian Highlands, Unit 1, according to the plat thereof as recorded in
Plat Book 5,Page 14,Public Records of Indian River County, Florida.
THIS DEED WAS PREPARED BASED UPON THE INFORMATION PROVIDED BY
THE PARTIES HERETO AND WITHOUT THE BENEFIT OF TITLE EXAMINATION
AND/OR SURVEY. BY THE DELIVERY(BY GRANTOR)AND ACCEPTANCE(BY
GRANTEE) OF THIS DEED, THE GRANTOR AND GRANTEE AGREE TO
INDEMNIFY AND HOLD HARMLESS;THE PREPARER OF THIS DEED FROM ANY
AND ALL LIABILITY ARISING BY REASON OF MATTERS WHICH WOULD HAVE
BEEN REVEALED BY A SEARCH OR THE PUBLIC RECORDS.
E
i
27
i
IK: 2863 PG: 1502
t
I
5. CONSIDERATION
Good and valuable consideration plus the sum of Ten Dollars($10.00)received by me from
you.
6. CONVEYANCE OF REAL PROPERTY
For the consideration described in Paragraph 5,I convey,remise(to give up a claim),and quit
claim(transfer without warranty)to you any interest I may have in and to the Real Property.
7. NOT HOMESTEAD
I represent and warrant that the Real Property is neither the homestead or residence ofmyself
or a member of my family,nor is the Real Property adjacent to the homestead or residence of myself
or a member of my family.
Executed on
Signed in the presence of:
AjA All In
p7v%A at &Z�"
It Witn ss Signature JOAN PO LITT
8621 Leatherwood Road
I Gulford,Indiana 47022
I'Witrkss Printed Name
2 Witness Signature
'TIVM 45 k ! 'V%+6A.,)
2" Witness Printed Name
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _`tNay of
015,by JOANQLLITT,who is personally known to me(yes or no)or
who has pr used %-I- C P Mme. as identification.
otary ublic State of
tome:otary rintedNa ,� Levi4cti
Notary Commission Number:
, Notary Commission Expires: u c
y U�v f r
JACQUELINE LSO '
�'� NAY ,�teolddo
tt..
My Comm.Ewes Jan.14,2016
i
'off M0
2;s
i
C
CONSENT AGENDA: 10/6/15
gIVE I Of ce Of ,
INDIAN RIVER COUNTY
ATTORNEY
Dylan Retngold,Count}'Attorney
Wilham K.DeBraal,Depury County_attorney
Kate Pingolt Cotner,Assistant County Attorney
MEMORANDUM
TO: Board of County Commissioners
FROM: William K. DeBraal — Deputy County AttorneyhP49-
DATE: September 22, 2015
SUBJECT: Resolution Formally Designating County Owned Property Along C.R. 510
in Wabasso as Right-Of-Way
The County, back in 2009 entered into an agreement with the Estate of Elvester B.
Mowatt for the exchange of two parcels owned by the Estate for property owned-by the
County. The County needed the two parcels for right-of-way for the C.R. 510
Improvement Project. That property exchange was consummated in late 2009.
The intent of the County is to now earmark by a formal document that the two parcels
are for right-of-way in order to avoid any confusion in later years.
FUNDING:
The only cost associated with this matter will be recording fees for recordation of the
resolution in the amount of $44.00. Funding for this expenditure is budgeted and
available in Optional Sales Tax/CR 510/70th to 61St Street, Account# 31521441-066510-
05011.
RECOMMENDATION:
Adopt the attached resolution, and authorize the Chairman to execute same for
recordation in the Public Records of Indian River County, Florida.
nhm
attachment
cc: Jacqui Gilbert—Mapping Section, IRC Property Appraiser's Office
Indian River Co. AvRoved Date
Approved for October 6, 2015 BCC Meeting Admin. Q
CONSENT AGENDA Co.Atty. -ts
Budget
De artment a c
COUNTY ATTORNEY Risk Management --- ---
29
I
RESOLUTION NO. 2015-
. I
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, FORMALLY DESIGNATING CERTAIN
COUNTY OWNED PROPERTY FOR RIGHT-OF-
WAY, AND TO REQUEST THAT THE INDIAN RIVER
COUNTY PROPERTY APPRAISER EARMARK ANY
MAPS WITHIN THE PROPERTY APPRAISER'S
OFFICE TO REFLECT THIS DESIGNATION.
WHEREAS, on September 8, 2009 Indian River County entered into an
agreement with the Estate of Elvester B. Mowatt for the exchange of two parcels
owned by the Estate for property owned by Indian River County; and
WHEREAS, the two parcels were needed for right-of-way by Indian River
County for its C.R. 510 Improvement Project; and
WHEREAS, in late 2009 the property exchange was consummated and the
two parcels for right-of-way were conveyed to Indian River County by General
Warranty Deed recorded on December 16, 2009 in Book 2387, Pages 1413-1417
of the Public Records of Indian River County, Florida; and
WHEREAS, the intent of the County is to now earmark by a formal
document that the two parcels conveyed by the above cited General Warranty
Deed are for right-of-way; and
WHEREAS, a sketch and legal description of the right-of-way have been
prepared and are attached hereto as Exhibit "A"; and
WHEREAS, it would be beneficial to designate by a recorded instrument
the County's designation of this right-of-way identified in the attached Exhibit "A"
1
30
0
RESOLUTION NO. 2015-
so that the Indian River County Property Appraiser can earmark the property as
right-of-way on the appropriate maps, so as to avoid any confusion in later years,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. The property as described and depicted on the attached Exhibit "A," is
hereby formally designated as right-of-way; and
2. This resolution shall be recorded in the Public Records of Indian River
County, Florida; and
3. Upon the recordation of this Resolution, the Indian River County
Property Appraiser is requested to earmark any maps within the
Property Appraiser's Office to reflect the right-of-way designation.
The resolution was moved for adoption by Commissioner , and the
motion was seconded by Commissioner , and, upon being put to a vote,
the vote was as follows:
i
Chairman Wesley S. Davis
Vice Chairman Bob Solari
Commissioner Joseph E. Flescher
Commissioner Tim Zorc
Commissioner Peter D. O'Bryan
2
31
i
RESOLUTION NO. 2015-
The Chairman thereupon declared the resolution duly passed and adopted
this day of October, 2015.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Wesley S. Davis, Chairman
ATTEST: Jeffrey R. Smith, Clerk
of Court and Comptroller
By: APPROVED AS TOR
Deputy Clerk AND LEGAL SUFF;C7;Y)
4Y
YAW."K.DEB AAL
DEPUTY COU NTY ATTo rwy
4
3
32
LEGAL DESCRIPTION: ADDITIONAL RIGHT OF WAY
A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 31 SOUTH, RANGE 39 EAST, SAID PARCEL BEING BOUNDED ON THE SOUTH
BY THE RIGHT OF WAY FOR COUNTY ROAD 510, AS DESCRIBED IN OFFICIAL RECORDS BOOK 186, PAGE 366 (HEREIN REFERRED
TO AS R/W PARCEL 1); BOUNDED ON THE EAST AND WEST BY THE RIGHT OF WAY FOR COUNTY ROAD 510, AS DESCRIBED IN
OFFICIAL RECORDS BOOK 2387, PAGE 1413 (HEREIN REFERRED TO AS R/W PARCEL 2) AND BOUNDED ON THE NORTH BY THOSE
LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2429, PAGE 22 (HEREIN REFERRED TO AS THE SANDS PROPERTY); ALL OF THE
AFORESAID PARCELS BEING RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER, OF THE SOUTHEAST QUARTER, OF THE SOUTHWEST QUARTER OF SAID SECTION 29;
THENCE RUN S89'31'43"E, ALONG THE SOUTH LINE OF SAID SECTION 29, A DISTANCE OF 150.00 FEET; THENCE DEPARTING SAID IF
SOUTH LINE RUN N00'33'43"W, PARALLEL WITH THE WEST LINE OF THE SOUTHEAST QUARTER, OF THE SOUTHWEST QUARTER OF
SAID SECTION 29, A DISTANCE OF 40.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF COUNTY ROAD 510 PER SAID
R/W PARCEL 1, FOR A POINT OF BEGINNING; THENCE RUN N00'33'43"W, ALONG THE NORTH RIGHT OF WAY LINE OF COUNTY g
ROAD 510 PER R/W PARCEL 2, A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTH LINE OF SAID SANDS PROPERTY; THENCE
DEPARTING SAID NORTH RIGHT OF WAY LINE RUN S89'31'43"E, ALONG THE SOUTH LINE OF SAID SANDS PROPERTY, A DISTANCE
OF 85.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF COUNTY ROAD 510, PER RIGHT OF WAY PARCEL 2; THENCE
RUN S00'33'43"E, ALONG THE NORTH RIGHT OF WAY LINE OF COUNTY ROAD 510 PER R/W PARCEL 2, A DISTANCE OF 50.00
FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF COUNTY ROAD 510 PER R/W PARCEL 1; THENCE RUN N89'31'43"W,
ALONG THE NORTH RIGHT OF WAY LINE OF COUNTY ROAD 510 PER R/W PARCEL 1, A DISTANCE OF 85.00 FEET TO THE POINT
OF BEGINNING.
CONTAINING: 4,250 SQUARE FEET, 0.10 ACRES, MORE OR LESS.
SURVEYOR'S NOTES: LEGEND & ABBREVIATIONS ;
1. THIS SKETCH OF DESCRIPTION MEETS OR EXCEEDS ALL OF THE APPLICABLE REQUIREMENTS OF THE O.R.B. = OFFICIAL RECORDS BOOK
STANDARDS OF PRACTICE AS ESTABLISHED IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE. P.I.D. = PARCEL IDENTIFICATION
P 0.B = POINT OF BEGINNING
2 THIS SKETCH AND DESCRIPTION AND ADJOINING PARCELS MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, P.O.0 = POINT OF COMMENCEMENT
RESERVATIONS, OR RIGHT OF WAYS NOT SHOWN, BUT MAY BE FOUND IN THE PUBLIC RECORDS P S M. = PROFESSIONAL SURVEYOR AND MAPPER
3. THIS SKETCH OF DESCRIPTION DOES NOT REPRESENT A FIELD SURVEY EXISTING PROPERTY CONDITIONS R/W = RIGHT OF WAY
OR FEATURES ARE NOT SHOWN HEREON INDICATES JOINT OWNERSHIP g
4. THE BEARINGS SHOWN HEREON ARE„BASED UPON"THE SOUTH LINE OF SECTION 29, TOWNSHIP 31 SOUTH,
O,N
RANGE 39 EAST, AS SHOWN ' THE�.FLORIDA -bEf'ARTMENT OF TRANSPORTATION RIGHT OF WAY MAP FOR
COUNTY ROAD 510, PREPARED BY''CREcCT'i, 'NGI.NEERS, INCORPORATED, ON THE DATE OF JANUARY 22,
2007, HAVING A BEARING Of-' S89.;.I 43"F#' �(` e
CERTIFICATION
s vEYOR ND MAPPER. IN.. REaSeoNSIeLE CHARGE ;=NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL g
� � ` OF A FLORIDA LICENSED PROFESSIONAL SURVEYOR AND MAPPER.
DAVID M. SILON P.S.M.
FLORIDA REGISTRATION No. 6139.' ;`.J=•,' ' NOT COMPLETE WITHOUT SHEET 2 OF 2. a
INDIAN RIVER ASSISTANT COUNTY SURVEYOR
NDIAN RIVER COUNTY ADMINISTRATION BUILDING DRAWN BY SHEET y
/ND/.4N RIVER COUNTY SECTION 29 SKETCH OF DESCR/PT/ON OF ,
1801 27th STREET D.S/LON /
VERO BEACH, FL 32960 - . Deportment of Pub//c Works APPROVED B,, TOWNSHIP 31S. COUNTY PARCELS FOR ADD/T/ONAL
(772) 6-8300 En Ineer/n D/vlslon D.S/LON RANGE .39E. C.R. 510 RIGHT OF WAY
OF
1
1
GRAPHIC SCALE
1 0 15 30 60
I
I
I
OWONTRAE N SANDS ( IN FEET )
P.I.D. No.
31-39-29-00000-5000-00136.0 1 inch = 30 ft.
1 I O.R.B. 2429, PG. 22
I ti
1 I e
i
1 N
n
I o �Gy
� w
I a
01a
2 \
I
N. R W LINE S. LINE SANDS PROPERTY N._R W LIN_E
I = S89'31'4 "E 85.00'/
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31 SOUTH, RANGE 39 EAST
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NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL
OF A FLORIDA LICENSED PROFESSIONAL SURVEYOR AND MAPPER.NOT COMPLETE WITHOUT SHEET 2 OF 2.-,:
NOIAN RIVER COUNTY ADMINISTRATION BUILDING �. /ND/AN RIVER COUNDRAWN BY:TY SECTION 29 SKETCH OF DESCR/PT/ON OF SHEET
1801 27th STREET D.SIL ON Z
VERO BEACH, FL 32960 Deportment of Pub/Ic Works APPROVED BY: TOWNSHIP 31S. COUNTY PARCELS FOR ADD/T/ON.4L /
(772) 567-8000 irngInverIng Div/sloe 10.SIL ON RANCE 39E. C.R. 510 RIGHT OF WAY OF2
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�gIVER Office of the
Z z INDIAN RIVER COUNT'
ADMINISTRATOR
��'LORt�P
Joseph A. Baird, County Administrator j
Michael C. Zito, Assistant County Administrator
MEMORANDUM
TO: Members of the Board of County Commissioners
FROM: Joseph A. Baird
County Administrator
DATE: September 28, 2015
i
SUBJECT: Authorization to Attend FGFOA and GFOA Annual Conferences and
FGFOA School of Government Finance
In the County Administrator's approved budget for the 2015-2016 Fiscal Year, the Board
approved the Administrator's request to attend the Government Finance Officers Association
Annual Conference, the Florida Government Finance Officers Association Annual Conference,
and the Florida Government Finance Officers Association School of Governmental Finance.
The County Administrator is hereby confirming authorization to attend the 2015 FGFOA School
of Governmental Finance; the 2016 GFOA Annual Conference; and the 2016 FGFOA Annual
Conference.
Funding was included and was approved in the 2015/2016 FY budget in accounts
00120112-034010 and 00120112-035430.
APPROVED AGENDA ITEM lndian River Co Approved Date
Administrator
BY: Y i
FO `:_October 6, 2015
35
APPROVED FOR AGENDA:
,QJ- eph�Baird�, y A8ministrator Indian River County Approved Date
October 6, 2015 Administration 9
Legal
Budget
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Department
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PA L A-L--I--
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in Vt. THIS IS A SMALL LOT SUBOWSION AND
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MT 232 ON THE LOTS.
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ABBREVIATIONS GENERAL NOTES
f,•,Z-S,,Fr.,7 A F- -'s LEXINGTON PLACE-`PHASE I//
LEGEND
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THIS IS A "All LOT SUBOWSION AND
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77
78
79
so
81
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233
GENERAL NOTES
234
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LEXING�01V,PLACE PHA SE 3'
ABBREMATIONS LEGEND
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Consent
INDIAN RIVER COUNTY ss
OFFICE OF MANAGEMENT& BUDGET
MEMORANDUM
TO: Joseph A. Baird, County Administrator
FROM: Jason E. Brown, CGFO, Director—Office of Management Bud et
DATE: September 29, 2015
SUBJECT: Payment Authorization—Veritox, Inc.
Background
On May 4, 2015, County staff entered into an agreement with Veritox, Inc. for services related to indoor
air quality concerns at certain Fire Rescue Stations and associated worker's compensation claims. This
agreement limited expenses to $10,000 without prior approval of the County. Subsequently, the County
requested additional analysis and a presentation of findings to the Board of County Commissioners on
June 16, 2015. Due to the importance of this matter and the need to ensure that County employees were
provided with a safe, clean working environment, staff authorized this additional work and anticipated
that costs would exceed the initial authorization of $10,000. Nevertheless, staff expected that the
additional work would be completed within the County Administrator's authorized spending limit
($50,000) based upon communications with Veritox.
The County was previously invoiced and has paid for work through the end of May for a total of
$21,549.50. Vertiox initially invoiced the County for $46,252.63 for work completed since June 1,
2015, which County staff has challenged. The County and Veritox have now agreed to a reduced
invoice in the amount of $35,000 for work completed since June 1. While this is a reduction of
$11,252.63 from the original invoice, it still results in total billings exceeding the $50,000 threshold
($56,549.50), Therefore, Board approval is needed for this payment.
Staff Recommendation
Staff recommends the Board authorize final payment to Veritox, Inc. for $35,000 for all work completed
since June 1, 2015.
Attachment
Revised final invoice from Veritox, Inc.
APPROVED FOR AGENDA: Approval Date
Administration j011l/
By: GW�0 �f jil k Legal - "1
Budget Z� j5
Joseph A. Baird, County Administrator
Purchasing (Z�
For: October 6, 2015
Date
46
I
s'
' VEMIrOAX
EIN 91-1877454
BILL TO Invoice date: 06/22/2015
Invoice No: 119270
Indian River County, Florida Terms: 30
c/o: Hurley Rogner Miller Cox Waranch Due date: 07/22/2015
603 North Indian River Drive,#200 Project No: 21580B
Fort Pierce, FL 34950 Indian River County
Attn: Mark Hill, Esq
For professional services rendered through June 19, 2015.
Professional and Technical Services Hours Amount
B. Kelman, Ph.D., DABT,ATS, ERT 64.25 $28,912.50
Prepare report and presentation; consult with counsel
06/01/15 (4.50 hrs), 06/02/15 (4.50 hrs), 06/03/15(5.25 hrs), 06/04/15 (3.25 hrs), 06/05/15(2.00 hrs)
06/08/15(3.00 hrs), 06/09/15 (4.25 hrs), 06/10/15(6.00 hrs), 06/11/15(5.00 hrs), 06/12/15(1.25 hrs)
Travel between Seattle and Vero Beach; prepare presentation; inspect firehouses
Presentation to IRC, 06/14/15(9.25 hrs), 06/15/15 (8.00 hrs), 06/16/15 (8.00 hrs)
B. Kelman, Ph.D., DABT, ATS, ERT 22.00 $0.00
Tr®vel between Seattle and Vero Beach; prepare presentation for IRC - No Charge
M. Krause, MS, CIH, ROH 1.00 $230.00
Assist in the preparation of materials for review by Dr. Kelman, 06/03/15 (1.00 hrs)
K. Tucker, M.D., FACEP 17.00 $5,950.00
Consults with Dr. Kelman, 06/05/15(1.00 hrs), 06/10/15 (2.00 hrs)
Direct clinical research, 06/04/15 (1,00 hrs), 06/05/15(3 .00 hrs), 06/10/15(2.00 hrs)
Review case file materials and prior reports, 06/04/15(1.00 hrs), 06/05/15 (2.00 hrs)
Assist in the preparation of presentation materials for review by Dr. Kelman
06/05/15 (1.00 hrs), 06/10/15(4.00 hrs)
Technical Support 46.75 $7,892.50
Receive and organize new case materials, 06/01/15 (0 50 hrs)
Summarize literature, 06/02/15 (0.50 hrs), 06/19/15 (1.00 hrs)
Assist in the preparation of Dr. Kelman's report and presentation materials
06/01/15 (9.25 hrs), 06/02/15 (6.00 hrs), 06/03/15(1.00 hrs), 06/05/15(0.25 hrs)
06/08/15(1.00 hrs), 06/10/15 (9 00 hrs), 06/11/15 (10.00 hrs), 06/12/15(7.50 hrs)
Internal consultation, 06/05/15(0 75 hrs)
PLEASE REMIT PAYMENT TO:
This Invoice may not include other project expenses unavailable at VERITOX®, INC.
Invoice date.Interest of 2%per month charged on accounts outstanding.
Page 1
18372 Redmond-Fall City Road 9 Redmond,WA USA 98052 Tel 425-556-5555 • Fax 425-556-5556 • www.veritox.com 47
' X
Invoice No: 119270
I Project No:21580B
i
Technical Support 1.50 $000
Review video - No Charge
Library Support 5.00 $714.00
Research
06/02/15 (1.50 hrs), 06/03/15 (1.00 hrs), 06/05/15 (1.00 hrs)
06/16/15 (0.25 hrs), 06/17/15 (0.75 hrs), 06/18/15 (0.50 hrs)
Admin Support 4.50 $382.50
Compile materials
06/03/15 (0.50 hrs), 06/04/15 (1.00 hrs), 06/08/15 (1.00 hrs)
06/09/15 (0.50 hrs), 06/11/15 (1.50 hrs)
Expenses
Airfare $1,428.24
Travel $742.89
Total $46,252.63
INVOICE DISCOUNTED TO$35,000.00 UPON COMPLETION OF SETTLEMENT
PLEASE REMIT PAYMENT TO:
This Invoice may not include other project expenses unavailable at VERITOX® INC.
invoice date.Interest of 2%per month charged on accounts outstanding. r
Page 2
48
CONSENT AGENDA
INDIAN RIVER COUNTY
OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
DATE: September 28, 2015
TO: BOARD OF COUNTY COMMISSIONERS
THROUGH: Joseph A. Baird, County Administrator
Jason Brown, Director, Office of Management and Budget
FROM: Jennifer Hyde, Purchasing Manage
SUBJECT: Declaration of Excess Equipment as Surplus for Sale or Disposal
BACKGROUND:
The equipment on the attached list has been determined excess to the needs of Indian River
County and requires disposal in accordance with Florida Statutes and Finance Policies.
These items will be sold via online auction. At present, we do not have items of enough value to
hold a live auction.The funds received from the sale of these items will be returned to the
appropriate accounts.
RECOMMENDATION:
Staff recommends the Board declare the items on the attached Excess Equipment List as
surplus and authorize their sale and/or disposal. There is no cost to the County associated with
this request.
ATTACHMENT:
Proposed Surplus Items for October 6, 2015 Meeting
APPROVED AGENDA ITEM
; ` , Indian River Co Approved Date
BtR:
+ - ?(*iAdmin /o 1
A. Baird, County Administrator Legal
Budget
Department r
F ���� Risk Manager
49
Proposed Surplus items'for October 6' ZO1SMeetingTraffic Engineering 22552 Hi Star Traffic Counter 4048528 N
*m
Traffic Operations 4809 Test Board for Controllers 10001059 N
Emergency Management 16285 HP LaserJet 5N Printer USHB110639 N
Toshiba 3560 Copier w/colater&
Property Appraisers 19011 large Paper Storage TOSHICEE924067 N
Tax Collectors Office 19052 Lexmark Optra K 1220 1440325 N
Tax Collectors Office 19053 Lexmark Optra K 1220 1125242 N
Main Library 19127 Canon 500&printer 400 N
Emergency Management 20052 Gateway Laptop Solo 1400 BT002120684 y
Attorney's Office 20911 Dell Optiplex GX260 CS#1880 N
Property Appraisers 21196 HP LaserJet 2200 JPGGRO5630 N
Computer Services 21215 4600 Power Edge N
Computer Services 21220 12600 Power Edge - N
Emergency Management 21237 Dell Latitude D600 Laptop CN-03U652-48643-355-2528 y
Emergency Management 21238 Dell Latitude D600 Laptop CN-03U652-48643-355-2643 y
Emergency Management 21366 Dell Latitude D600 Laptop CN-03U652-48643-355-3004 y
Emergency Management 21368 Dell Latitude D600 Laptop CN-03U652-48643-355-2973 y
Emergency Management 21370 Dell Latitude D600 Laptop CN-03U652-48643-355-2977 y
Emergency Management 21371 Dell Latitude D600 Laptop CN-03U652-48643-355-2978 y
General Services 21379 Dell Latitude D600 Laptop N
Recreation 21436 PA System (AMP) N
Computer Services 21516 Compix,Audio Video Equipment N
SWDD 21692 PBX Telephone System
Tax Collectors Office 21705 Gateway 450ROG Laptop 32310132 N
Utilities 22103 Sonar Underground Utility Locator y
Tax Collectors Office 22156 Gateway M275 Laptop Computers 1100206533 N
Health Department 22315 HP LaserJet M1212NF CNG98DTONK N
Utilities 22355 Immersion Heater N
Engineering 22375 Dell GX280 Computer JSFR771 N
Utilities 22446 2" Mud Hog Pump N
Utilities 22470 Chlorine Analyser System y
Traffic Engineering 22555 Hi Star Traffic Counter 5029961 N
Utilities 22618 Dell GX520 Computer IX44581 y
1/8
Proposed Surplus Items-for October 6,2015 Meeting kn
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Community Development 22633 Dell GQ60 Computer FSJ5Z81 y
Community Development 22635 HP 4250 N. Printer N
Computer Services 22643 Dell Optiplex GX620 cs#2299 N
Traffic Engineering 22902 NC-17 Highstar Traffic Counter 5061721 N
Traffic Engineering 22915 NC-17 Highstar Traffic Counter 5031335 N
Traffic Operations 22924 3M Ultra Advanced Cable Pipe 80-6111-4139-3 N
Tax Collectors Office 22944 Modular Work Stations y
Tax Collectors Office 22945 Modular Work Stations y
Tax Collectors Office 22946 Dell Optiplex GX620 CBBFB81 N
Tax Collectors Office 22947 Dell Optiplex GX620 DBBFB81 N
Tax Collectors Office 22949 Dell Optiplex GX620 GBBFB81 N
Sandridge 23021 Dell GX520 Computer D7GOC91 N I
Emergency Management 23050 Dell Inspiron 9400 Laptop 6LRLR91 N
Utilities 23055 Dell GX520 Computer cs#2353 N
Utilities 23100 2" Mud Hog Pump D05111052 N
Utilities 23102 2" Mud Hog Pump D06011086J N
Road & Bridge 23333 Dell Computer 00045-637-106-793 N
Emergency-Management 23408 HP Digital 9200 C USBB078407 N
Engineering 23419 Dell GX620 11XOB1 N
Ag Extension Office 23424 Dell Optiplex 2628R91 N
Engineering 23437 Dell Optiplex GX620 6L5X5B1 N
Animal Control 23440 Dell Latitude D620 N
Computer Services 23441 Dell Latitude D620 CS#2398 N
Engineering 23456 Dell Optiplex 745 CS2413 N
Tax Collectors Office 23826 Verint NetDVR 11 62928 N
Tax Collectors Office 23827 Verint NetDVR 11 62907 y
Tax Collectors Office 23828 Verint NetDVR 11 62905 y
Tax Collectors Office 23832 Gateway M285-E Laptop Computers 37106010 N
Tax Collectors Office 23833 Gateway M285-E Laptop Computers 37106011 N
Clerk of Court, Courthouse 23908 WhisperJet Scale, Mail Meter N
GIS 23979 Dell Optiplex 745 CS#2458 N
Engineering 23988 1 1 Dell Optiplex 745 CS#2466 N
Community Development 23989 Dell Optiplex 745 CS#2467 N
Engineering 24023 Dell Optiplex 745 1G542C1 N
2/8
Proposed Surplus Items-for October 6,2015 Meeting tn
r.; •c_.' - -.r .r- `iM' r:V ��N i � , Mcn�- "v: �, .oµa. _ _ _ w:.• - rr •r .:.,r -^nr,•'x,.,;•'i� 1.
, .'
DeY�'artment t`� sAsset#� y (+ Fleet#i` � 'µ.<, ,p •Oescri`'tion M- Y> a. +CSerialr+Num_ber-• } .Vllocking`
Traffic Engineering 24047 Hi Star Traffic Counter NC-97 2983 N
Engineering 24308 Dell optiplex 745 41MCMD1 -N
Community Development 24347 HP 4250 N. Printer N
Utilities 24463 Dell Latitude D630 Laptop CS 2643-D3HMBF1 Y
Utilities 24465 Dell Latitude D630 Laptop cs 2645-73HMBF1 Y
Utilities 24468 Dell Optiplex 755 CS#2648 N
Tax Collectors Office 24491 Verint NetDVR II 71651 Y
Emergency Management 24827 Dell Latitude D630 Laptop CN-OKU184-12961-87A Y
Sandridge 24844 Manitowoc Ice-O-Matic Ice Machine 7.12128E+12 N
Utilities 24901 RTC Easy Locator Upgrade 25210 Y
Utilities 25013 2"Wacker Pump 5498416 N
BCC 25079 Computer Lab International 2008-03 STX 001565 Y
BCC 25080 Computer Lab International 2008-03 STX 001561 Y
Utilities 25234 RD4000 Utility Locator 3070TK N
Dodgertown 25304 46" LED TV N
Dodgertown 25399 Diamond Versa Sand pro N
Traffic Operations 25500 Manitowoc SD 0352A Ice Machine 110844639 N
Sandridge 25665 GL-6 5200 Ball Dispenser N
Health Department 25798 Shredder Y
Coastal Engineering 25933 Sony HDRFXI 1080 Camcorder Y
Utilities 26064 Wacker 2" Pump N
Utilities 26066 Wacker 2" Pump N
Utilities 26069 Wacker 2" Pump N
Tax Collectors Office 101300 Modular Work Stations Y
North IRC Library 141786 RCA VHS Player Y
Sandridge 145440 Welding Unit 8121-01172 N
Traffic Operations 163180 Optical Sight Assembly Y
Traffic Operations 163340 Field Retroreflectometer RT1523 N
Animal Control 181450 GE Prism Handheld Radio 0017W6 N
Utilities 189530 RD400 PXL2 Locator CY27346GB N
Utilities 191600 RD400 PXL2 Locator CY284756B N
Coastal Engineering 196130 Sony Mavica Digital Video Camera N
Utilities 197820 RD400 LCTX Transmitter/Locator GB-1095 N
Utilities 197860 EMS Marker System unknown N
3/8
M
Proposed Surplus Items-for October 6, 2015 Meeting
" :i ..n,-.. 4r.;.vCs-`• ':rJ 'g N.' F-,p.,,.Wvw ;„t; +y-r::rc'-"�•ni r`/? .:ptK', "u:fit-�hvLrin;:;:,�,.,fy�..<..�iw7:•�K,�':.. n;{r: :r,i r..�:v] r.r•+s... e'4Jy!,„
;f.. �.;;; sir%:?x.D 1•• ^ai�r,.{�;xJ,�'r�r.�.ot,G�'F«�'# .:;�;� :wl •.b :'Jr^`�+tti!�q�.,,h;.,,ti,'” _ t4C+:':` .�::rK+K,x".'6 i`. •�',`,+ri•' flat NUrYlbef`,�: .,r„r `;in'+.��WOflCli'1
.,,,, „,,•,• ;�, epactm"entre L �.,Asset�#," .;r Fleet�#�t� ��,�,,,� q ?�Descc� tion �•�^, � •;} Se b ,,_ _g;�r,
��..n.Df•J:hn.. =5 S_ .'J, .1”S-vk 'xxJJ 1 .4.a1 ,.7n•.+ML.�.n..-...w.. .A.P .C7! aw L4.'�`:rX1 Y1.Y.+i 6�,7FJ �:-.....1...........a..._.. -.,Y_ '.J.e
Utilities 197870 EMS Marker System unknown N
Utilities 202180 ABS 2"Aluminum Pump N
Utilities 202230 Cannon Imagerunner 2200 Copier 8608 N
Clerk of Court,Courthouse 208070 10LB Electronic Scale N
Utilities 208530 RD400 PXL4 Omni Receiver H110255USA N
Utilities 208531 RD400 Upgrade Receiver CY26759GB N
Utilities 208550 Locator unknown N
Utilities 208551 Locator Accessory unknown N
Clerk of Court, Courthouse 209980 Denso Barcoding Filing Inventory 4872A157 Y
21234, 21464,
Computer Services 21463, 21235 1655 Chassis& Blade Servers N
Animal Control 2001 Toshiba 13in TV/VHS Combo Y
Elections 8 Keyboard Pullout Trays Y
Elections Keyboard Y
Emergency Management HP LaserJet 1200 CNBR900774 Y
Emergency Management Acer Tablet Iconia w510 24501861265 Y
Health Department 2 office chairs with arms Y
_ Health Department Office chairs, no arms Y
Health Department Metal chair,armless Y
Blue vinyl lab chair with arms and
Health Department front arm over front of chair Y
Health Department Brother MFC8890 All in one Laser 19.1206064 Y
Dell Axim Pocket PC, Battery and
Health Department Case 7M9KF21 Y
Dell Axim Pocket PC, Battery and
Health Department Case 3DWT031 Y
Dell Axim Pocket PC, Battery and
Health Department Case 6JRS031 Y
Health Department VEOPhoto Traveler or Pocket PC 1712 Y
Health Department VEOPhoto Traveler or Pocket PC 1268 y
Health Department VEOPhoto Traveler or Pocket PC 1708 y
Health Department Holex CF Card Type GPS 270-3295242 Y
Health Department Holex CF Card Type GPS 270-31850328 Y
Health Department Holex CF Card Type GPS 270-3295247 Y
4/8
Proposed Surplus Items-for October 6, 2015 Meeting W)
r�- _'4 -„ •.+ .r.• us_h'.fk;p:7 �• .r,r�.. ��-,r.cr- t>eu.' - - ,x.r.�� ,rp.... _ .�z�ti�xva.•-• rte.' - .;"1..':' - >.� ,.�..ua.:�,Y� _ -i,. :r
G.D "a m` , '`s -,� ; <t, _ :;;>>, �, ;.%< nal` umb:,;r rW,.
e rt ent,,,;• r Asset#. . ;`Fleef# ,°�;; Descr'i ttjon "r ;�, -, Se N e
Health Department Holex CF Card Type GPS 270-31850323 Y
Health Department Dell Laser Printer W5300 CN-OK2726-48734-478-066? Y
Health Department Dell Flat Panel Monitor 2000FP CN-09E249-46633-335-OF7L Y
Health Department HP LaserJet 6P USDH095330 Y
Health Department HP LaserJet 6P USFB113202 Y
Health Department Dell Flat Panel Monitor E151FPP CN-06R644-47804-32F-L1GR Y
Health Department Dell Axim Pocket PC and Case 59PS031 Y
Health Department 2 Filing Cabinets-5 Drawer, no lock Y
Filing Cabinet-4 Drawer w/Lock and
Health Department Key Y
Health Department Black Eleather Executive Chair Y
2 rolling office chairs on casters,
Health Department Fabric Y
Health Department Qty 2 Titus Eye Machine Y
Health Department HP DeskJet 932c MXOB615OTQ Y
Health Department HP DeskJet 712c MY951151C8 Y
Health Department Sony DVD Player/Video Cassette 316634 Y
Health Department HP DeskJet 940C MX16F6F060 Y
North IRC Library VHS Video Tape Cleaner 357117 Y
North IRC Library Metal Literature Display Rack Y
North IRC Library VHS Video Tape Rewinder 151403 Y
Property Appraisers KDS Monitor 50039-661-01209 Y
Property Appraisers Dell Monitor CN-OFP182-71618-783-A927 Y
Property Appraisers Dell Monitor CN-OFP182-71618-783-A923 Y
Property Appraisers Dell Monitor CN-OFP182-71618-786-GDU5 Y
Property Appraisers Dell Monitor CN-OFP182-71618-782-BB2N Y
Property Appraisers Dell Monitor CN-OFP182-71618-786-GDTY Y
Property Appraisers Dell Monitor CN-OFP182-71618-782-BB2T Y
Property Appraisers Dell Monitor CN-ONY134-71618-7CI-2670 Y
Property Appraisers Dell Monitor CN-OUW042-64180-794-25BH Y
Property Appraisers Dell Monitor MX-OC9536-46634-797-3265 Y
Property Appraisers Dell Monitor CN-OU4931-46633-57E-7NKT Y
Property Appraisers ViewSonic Monitor PW6060507628 Y
5/8
wn
Proposed Surplus Items'for October 6, ]O1SMeeting wn
Property Appraisers Hyundai Monitor Q2261DSIA1200453 y
Tax Collectors Office 7 Dell PS2 Keyboards NA Y
Tax Collectors Office Dell PS2 Mouse NA Y
Tax Collectors Office 4 HP PS2 Keyboards NA y
Tax Collectors Office 3 Dell USB Mouse NA Y
Tax Collectors Office 1 Gearhead USB Mouse NA Y-
Tax Collectors Office 4 HP PS2 Mouse NA Y
Tax Collectors Office I)Aink Network Adapter DGE-530T NA y
`
Tax Collectors Office 3com Ethernet Hub(4 port) NA y
Tax Collectors Office Battery Back up for M285E NA Y
Tax Collectors Office Garmin Etrex Legend NA y
Tax Collectors Office 2 Hynix Laptop Memory PC2 4200S NA y
-Tax Collectors Office 3 Samsung Memory PC2 320OU NA Y
Tax Collectors Office 2 Laptop DDR333 Memory 256MB NA Y
Tax Collectors Office 2 Laptop DDR333 Memory 128MB NA y
Tax Collectors Office Brother Toner 5000 NA Y
Tax Collectors Office Brother MFC 9700 U60073E4.1606089 Y
Tax Collectors Office Brother MFC 9700 U60073E4J606092 Y
Security Monitor-SuperCircuit,
Tax Collectors Office Model 1-750SC, LCD 17" LMS732QO0154 Y
Tax Collectors Office Lexmark Toner Cartridge-12A584S Y
Tax Collectors Office 2 Brother Drum DR-400 Y
Tax Collectors Office 2 Brother Toner- High Yeild TN-460 y
Tax Collectors Office 1 12 L xmark Toner Cartridge 11A4097 I Y
Tax collectors office 1 12 Samsung Fuser ML-3560 Y
6/8— - '
Proposed Surplus Items-for October 6, 2015•Meeting
` ^:rv;. ';x..•v�,Cyi :•+���iL�.- _tiP''_^-.C+•t.."i�LY-?�r� �Sr�` S.'�: i:5r:.F':.:.•.;i;. ""'..+,;.•der.Lt^';-r^ya`.y'.�-,.•s;—�—,•r.-':_ •71F.'YN'S".i;' "<G:+J. .t pr, •rr_
f:_.:✓''..Ue•artment,...ral M��' :r`, „'t '^n � a�''.;, �# t', .•�k .,�7..t.'J,� � r..%;., t.
Tax Collectors Office Lexmark Print Unit 11A4096 Y
Tax Collectors Office 2 Brother AIO MFC-9700 U60073E4J606089 Y
Tax Collectors Office Brother Intellifax 4100 U600298D31396083 Y
Kinyo VHS Tape Rewinders Model UV
Tax Collectors Office 428 395380 Y
Kinyo VHS Tape Rewinders Model UV
Tax Collectors Office 428 395363 Y
Kinyo VHS Tape Rewinders Model UV
Tax Collectors Office 428 Y
Document Scanner-CanoScan N670U
Tax Collectors Office (Flatbed) UYA008026 Y
Utilities Hach DR/2010 Spectrophotometer Y
Misc Computer Equipment, Monitors,
Utilities printers, keyboards, etc Y
Utilities Dell Computer G861-1961 Y
Utilities Encore Metering Pump Y
Computer Services Large, Heavy Computer Equipment& N
North IRC Library Cannon Scanner KAMA11915 N
Property Appraisers Brother Intellifax 2800 U56577M2J894548 N
Property Appraisers Dell Monitor CN-OCC38-71618-756-AAEL N
Altronix CCN Power Supply Model
ALTV1224DC1 12 VDC or 24 VDD 4
Tax Collectors Office Amp-16 Fuse N
Tax Collectors Office 3 HP Computers NA N
Tax Collectors Office Kodak CX4230 NA N
Tax Collectors Office HP OfficeJet Pro K5400 Printer NA N
Tax Collectors Office Security Monitor-SuperCircuit, LMS732Q00246 N
Tax Collectors Office Switch, Dell Power Connect 2724 7654SB1 N
Tax Collectors Office Dell Flat Panel Monitor MX-02Y311-47605-45R-A1LW N
Tax Collectors Office Dell Flat panel Monitor CN-OPM372-72872-779-14U1 N
Tax Collectors Office Dell Flat panel Monitor CN-OPM372-72872-75M-04PI N
Tax Collectors Office Dell Flat panel Monitor CN-OPM372-72872-75M-39V1 N
Tax Collectors Office Dell Flat panel Monitor I CN-OPM372-72872-75M-3AH1 N
Tax Collectors Office Dell Flat Panel Monitor 1504FP MX-OU3001-47605-3CI-AS13 N
7/8
- - -
�.
Proposed Surplus items'for October G' ]O1SMeeting wn
Tax Collectors Office Dell Flat Panel Monitor 1504FP MX-OU3001-47605-45H-AY2M N
Tax Collectors Office Dell Flat Panel Monitor 1504FP MX-OU3001-47605-41T-AK17 N
Tax Collectors Office Dell Optiplex GX280 5Q10961 N
Tax Collectors Office Dell Optiplex GX280 F2213771 N
Tax Collectors Office Dell Optiplex GX270 668N351 N
Tax Collectors Office Realistic Cassette Recorder Model N
Utilities Dell Precision 2400 1559thl N
Utilities RD400 Locator 111t10-l-805E2
8/8
'
`
-
i
CONSENT
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Honorable Board of County Commissioners
THROUGH: Joseph A. Baird, County Administrator
THROUGH: John King, Director
Department of Emer Acy rvices
THROUGH: Etta LoPresti, Emergency Management Coordinator'
Department of Emergency Services
FROM: Rachel Ivey, Emergency Management Planner
Department of Emergency Services
DATE: September 28, 2015
SUBJECT: Approval of the 2015 FEMA Homeland Security CERT Subgrant Award Letter
It is respectfully requested that the information contained herein be given formal consideration by
the Board of County Commissioners at the next scheduled meeting.
DESCRIPTION AND CONDITIONS:
A Community Emergency Response Team (CERT) provides county residents with basic disaster
training and safety equipment to protect themselves as well as their neighbors immediately after a
significant disaster occurs and if public safety agencies are delayed in responding. CERT members
encompass adults of all ages including the elderly and disabled and fall under the direction of
public safety agencies once public safety arrived on scene. The creation of a CERT is driven by
requests from neighborhoods, HOAs, faith based groups and communities and members are
trained by certified trainers. Annually, the Division of Emergency Management, through the
executive office of the Governor, administers the CERT sub-grant following authorization in
Chapter 252,Florida Statutes and State Rule Chapter 9G-6, Florida Administrative Code. Funding
for the CERT sub-grant will be used to establish and sustain the Indian River County CERT
program through Indian River County Emergency Management.
ALTERNATIVES AND ANALYSIS:
The total amount of the grant award is $3,392.00 and the attached award letter must be signed and
returned prior to the execution of the Federally Funded Subgrant Agreement. No funds will be
disbursed by the State until the award letter has been signed and returned.
58
1
FUNDING:
This one-time grant award will allow staff to develop, educate and train a CERT in Indian River
County. This is a 100% funded agreement and no matching funds are required by Indian River
County. The term of the agreement is from October 1, 2014 through September 30, 2016.
Item Amount Account Number
Equipment/Activities $3,392.00 00120825-035290
RECOMMENDATION:
Staff recommends approval of the Federally Funded 2015 Homeland Security CERT Award in the
amount of$3,392.00.
ATTACHMENTS:
1. Florida Department of Emergency Management Award Letter
2. County Grant Form
APPROVED FOR AGENDA
Indian River County Approved Date
FOR: October 6, 2015 Administrator r ��
Legal Loa
BBudget
Y:( p
` � ` !
/ .�6.
Risk Management
Jose A. Baird a9=1Y-
County Administrator Department
59
GRANT NAME. Community Emergency Response Team(CERT)Grant GRANT# not assigned ,
i
AMOUNT OF GRANT:$ 3,392.00
DEPARTMENT RECEIVING GRANT: Emergency Services 11
CONTACT PERSON:_ John Kine PHONE NUMBER: 226-3859
1. How long is the grant for? 24 months Starting Date: October 1.2014
2. Does the grant require you to fund this function after the grant is over? Yes X No
3 Does the grant require a match? X Yes No
If yes,does the grant allow the match to be In Kind Services? X Yes No
4 Percentage of match 100 %
5. Grant match amount required$ N/A
6. Where are the matching funds coming from(i.e. In Kind Services;Reserve for Contingency)? In Kind Services
7 Does the grant cover capital costs or start-up costs? Yes No
If no,how much do you think will be needed in capital costs or start up costs
(Attach a detail listing of costs) $
8. Are you adding any additional positions utilizingthe grant funds? Yes X No ,
If yes,please list. (If additional space is needed-,please attach a schedule.)
Acct. Description Position Position Position Position Position
011.12 Regular Salaries N/A
011.13 Other Salaries&Wages(PT) N/A
012.11 Social Security N/A
1
012.12 Retirement-Contributions N/A
012.13 Insurance-Life&Health N/A
012.14 Worker=s Compensation N/A
012.17 S/Sec.Medicare Matching N/A
TOTAL N/A
9. What is the total cost of each position including benefits,capital,start-up,auto expense,travel and operating?
Salary and Benefits Operating Costs Capital Total Costs
N/A N/A N/A N/A
10. What is the estimated cost of the grant to the county over five years?$
Grant Other Match Costs
Amount Not Covered Match
First Year $3,392.00 $ N/A $ N/A $3,392.00
Second Year $ N/A $ $ $ N/A
Third Year $ $ $ $
Fourth Year $ $ $ $
Fifth Year $ $ $ $
Signature of Preparer: a YAlt Date. September 28 2015
60
STATE OF FLORIDA I
DIVISION OF EMERGENCY MANAGEMENT
RICK SCOTT BRYAN KOON
Govemor
Director
GRANT AWARD
SUB-RECIPIENT: Indian River County Emergency Management
PROJECT TITLE: Community Emergency Response Team
FEDERAL GRANT PD: 10/1/2014-9/30/2016
AWARD TOTAL: $3,392
FEDERAL GRANT NO: EMW-2015-EP-00033-501
In accordance with the provisions of Federal Fiscal Year 2015 Emergency Management
Performance Grant Program (EMPG), the Florida Division of Emergency Management (FDEM)
who serves as the State Administrative Agency (SAA) hereby awards to the foregoing Sub-
recipient a grant in the amount shown above.
Payment of Funds: The Award Letter must be signed by the Official Authorized to Sign in the
space below and the original returned to the FDEM before execution of your agreement. The
sub-recipient should not expend any funds until a fully executed agreement has been received
from FDEM and all Special Conditions are satisfied. Grant funds will be disbursed to sub-
recipients (according to the approved project budget) upon receipt of evidence that items have
been invoiced, deliverables have been received and that funds have been expended (i.e.,
invoices, contracts, itemized expenses, canceled checks, etc.).
Non-Supplanting Requirement: Requires that sub-recipients provide assurance that sub-
grant funds will not be used to supplant or replace local or state funds that have been budgeted
for the same purpose through non-federal sources. In compliance with that mandate, I certify
that the receipt of federal funds through FDEM shall in no way supplant or replace state or local
funds or other resources that would have been made available for homeland security activities.
Conditions: I certify that I understand and agree that funds will only be expended for those
projects outlined in the funding amounts as listed above. I also certify that I understand and
agree to comply with the general and fiscal terms and conditions of the grant including special
conditions; to comply with provisions governing these funds and all other federal laws; that all
information is correct; that there has been appropriate coordination with affected agencies; that I
am duly authorized to commit the applicant to these requirements; and that all agencies
involved with this project understand that all federal funds are limited to the period of
performance end date stipulated in the funding agreement.
D I V I S ION HEADQUARTER S STATE LOGISTICS RESPONSE CENTER
2555Shumard Oak Boulevard FLORIDA RECOVERY OFFICE
Tallahassee, FL 32399-2100 2702 Directors Row
Tel 850-413-9969 - Fax 850-488-1016 Orlando, FL 32809-5631
w_ ww.FloridaDisaster.oro
. 61 F
i
I
s
GRANT AWARD
PAGE TWO
Conditions continued: I certify that I understand and agree that once grant funding agreement
has been sent to sub-recipient, the funding agreement will be executed within six (6) months of
the letter date. I understand if the funding agreement is not executed in that time frame, the
awarded amount is considered declined and funds will expended on behalf of locals by the SAA.
Deployable Capabilities: It is also understood that all assets and capabilities achieved or
sustained with EMPG grant funds are deployable and shareable at the direction of the SAA, with
cost potentially reimbursable in conformance with Emergency Management Assistance
Compacts (EMAC) or other Statewide Mutual Aid/Assistance (SMAA) agreements. Assets
should be available to utilize in multiple jurisdictions, regions, and the Nation; any asset that is
physically mobile can be used anywhere in the United States and territories via EMAC or other
mutual aid/assistance agreements.
ACCEPTANCE FOR THE SUB-RECIPIENT: Indian River County Emergency Management
Signature of Official Authorized to Sign Signature of Director, Division of
for Recipient Emergency Management, SAA
Date Date
POINT OF CONTACT INFORMATION
Point of Contact (POC) Name: John King
Physical Address of Sub-Recipient: 42255 43rd Ave.
City: Vero Beach state: FL, 32967
772-567-2154 jking@ircgov.com
POC Phone No: Email Address:
GRANT AWARD NOTICE: THIS AWARD IS SUBJECT TO THE GRANT SPECIAL
CONDITIONS AND FINAL APPROVAL OF SUB-RECIPIENT'S PROPOSED BUDGET
BY FLORIDA DIVISION OF EMERGENCY MANAGEMENT.
62
i
GRANT AWARD
PAGE THREE
APPROVED Attest: Jeffrey R. Smith, Clerk of
Court and Comptroller
By:
Deputy Clerk
�Fnty 1ministrator
APPROVED AS TO FORM
AMD LES.SUFFtCI tv
�v
MUM K.DEBRAAL
i EMWCOUNTY ATTORNEY
63
i
INDIAN RIVER COUNTY, FLORIDA CONSENT
MEMORANDUM
TO: Honorable Board of County Commissioners
THROUGH: Joseph A. Baird, County Administrator
THROUGH: John King, DirectorV,
Department of Emerg n y S\kvices
FROM: Etta LoPresti, Emergency Management Coordinator
DATE: September 25, 2015
SUBJECT: Acceptance and Approval of Expenditures for Emergency Management State-
Funded Subgrant Agreement 16-BG-83-10-40-01-030
It is respectfully requested that the information contained herein be given formal consideration by
the Board of County Commissioners at the next scheduled meeting.
DESCRIPTION AND CONDITIONS:
Each year, the Florida Division of Emergency Management, through the executive office of the
Governor, administers the Emergency Management Preparedness Assistance Grant (EMPA)
Subgrant in support of each Florida county following authorization under Chapter 252.97, Florida
Statutes and State Rule Chapter 9G-6, Florida Administrative Code. The funding for the EMPA is
used to enhance and improve emergency management mitigation,planning, response and recovery
directly affecting the lives and property of Indian River County residents and visitors. In
accordance with the Emergency Management 2016-2019 strategic plan,the items listed below will
enhance the ability of Emergency Management to adequately respond to and recover from disaster
events and conduct the annual hazardous materials analysis required within the EMPA scope of
work and the County Comprehensive Emergency Management Plan as approved.
FUNDING:
This is a dollar for dollar state funded matching subgrant with Florida Division of Emergency
Management. The term of the agreement is from July 1, 2015 through June 30, 2016. The state
recognizes line-item changes may occur after execution of the contract (i.e. due to cost savings or
reprioritization by the FDEM), with their written approval. For these reasons, staff requests
authorization to make these adjustments rather than return the funding for reallocation to other
counties.
The 2015/2016 EMPA is in the amount of $105,806 of which $71,227 has been previously
allocated for salary and benefits leaving a balance of $34,579 for expenditures. The County is
64
i
permitted to use a broad range of matching funds for which the Emergency Management budget
is used as the matching for this grant. No additional funding is required.
Item Amount Account Number
Phase II phased replacement — Monitors and
laptop com uters. $6,461.00 00123825-035290
Emergency Management Accreditation $13,118.00 00123825-033190
Public Outreach and Disaster Preparedness $15,000.00 00120825-034720-05050
(Web Application)
Total $34,579.00
RECOMMENDATION:
Staff recommends the acceptance of State Funded Subgrant Agreement 16-BG-83-10-40-01-030
and approval of the expenditures.
APPROVED FOR AGENDA
Indian River Co. p ray ed. Date
/ / /J
FOR: October 6, 2015 Sega'
Budget
e ^1(` s � ; Dept.
BY. . .'{`Y
Risk Mgr
Josep A. Baird 9 /5
County Administrator General svgs.
65
GRANT NAME: EMPA Grant GRANT#16-BG-83-10-40-01-030
AMOUNT OF GRANT:$ 105,806.00
DEPARTMENT RECEIVING GRANT: Emergency Services
CONTACT PERSON- John King PHONE NUMBER: 772-226-3859
1. How long is the grant for? 1 year Starting Date: July I,2015
2. Does the grant require you to fund this function after the grant is over? Yes X No
3 Does the grant require a match? Yes X No
If yes,does the grant allow the match to be In Kind Services? Yes X No
4. Percentage of match N/A 0%
5. Grant match amount required$ N/A
6. Where are the matching funds coming from(i.e. In Kind Services;Reserve for Contingency)?N/A
7. Does the grant cover capital costs or start-up costs? N/A Yes No
If no,how much do you think will be needed in capital.costs or start up costs
(Attach a detail listing of costs) $ N/A
8. Are you adding any additional positions utilizin the grant funds? Yes X No
If yes,please list. (If additional space is needed-please attach a schedule.)
Acct. Description Position Position Position Position Position
011 12 Regular Salaries N/A N/A N/A N/A N/A
011.13 Other Salaries&Wages(PT) N/A N/A N/A N/A N/A
012.11 Social Security N/A N/A N/A N/A N/A
012.12 Retirement-Contributions N/A N/A N/A N/A N/A
012.13 Insurance-Life&Health N/A N/A N/A N/A N/A
012.14 Worker=s Compensation N/A N/A N/A N/A N/A
012.17 S/Sec.Medicare Matching N/A N/A N/A N/A N/A
TOTAL N/A N/A N/A N/A N/A
9. What is the total cost of each position including benefits,capital,start-up,auto expense,travel and operating?
Salary and Benefits Operating Costs Capital Total Costs
N/A N/A N/A N/A
N/A N/A N/A N/A
N/A N/A N/A N/A
N/A N/A N/A N/A
N/A N/A N/A N/A
10. What is the estimated cost of the grant to the county over five years?$ N/A
Grant Other Match Costs
Amount ve ed Match
First Year $N/A $N/A $N/A $N/A
Second Year $N/A $N/A $N/A $N/A
Third Year $N/A $N/A $N/A $N/A
Fourth Year $N/A $N/A $N/A $N/A
Fifth Year $N/A $N/A $N/A $N/A
Signature of Preparers ,f - Date: September 25,2015
0
66
Contract Number:1 6-BG-83-10-40-01-030
STATE-FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the"Division"), and Indian River
County, (hereinafter referred to as the"Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
B. _The Division has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the terms and conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE,the Division and the Recipient agree to the following:
(1) SCOPE OF WORK.
The Recipient shall perform the work in accordance with the Program Budget and Scope
of Work,Attachment A and B of this Agreement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws,
rules and regulations, including those identified in Attachment F
(3) PERIOD OF AGREEMENT.
This Agreement shall begin on July 1, 2015 and shall end June 30, 2016, unless
terminated earlier in accordance with the provisions of Paragraph (12)of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, 2 C.F.R. Part 200.
(b) The Recipient shall retain sufficient records to show its compliance with the terms of
this Agreement, and the compliance of all subcontractors or consultants paid from funds under this
Agreement,for a period of five years from the date the audit report is issued, and shall allow the Division
or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon
request. The Recipient shall ensure that audit working papers are available to them upon request for a
period of five years from the date the audit report is issued, unless extended in writing by the Division.
The five year period may be extended for the following exceptions:
1. If any litigation, claim or audit is started before the five year period expires,
and extends beyond the five year period, the records shall be retained until all litigation, claims or audit
findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at
$5,000 or more at the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after
the closing on the transfer of title. !
1
67
(c) The Recipient shall maintain'all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under;this Agreement, including documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget
and Scope of Work -Attachment A-and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Division, its employees, and agents "Reasonable"shall ordinarily mean during normal business
hours of 8:00 a.m. to 5 00 p.m , local time, on Monday through Friday. "Agents"shall include, but not be
limited to, auditors retained by the Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at reasonable times for inspection, review, or audit
by state personnel and other personnel authorized by the Division. "Reasonable"shall ordinarily mean
normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Division with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) If the Recipient is a nonstate entity as defined by Section 215 97, Fla. Stat., it shall
comply with the following.
If the Recipient expends a total amount of State financial assistance equal to or more than
$500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific
audit for such fiscal year in accordance with Section 215.97, Fla. Stat.; applicable rules of the Executive
Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local government entities)or
10.650(nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this
Agreement shows the State financial assistance awarded by this Agreement. In determining the State
financial assistance expended in its fiscal year,the Recipient shall include all sources of State financial
assistance, including State funds received from the Division, other state agencies, and other nonstate
entities. State financial assistance does not include Federal direct or pass-through awards and resources
received by a nonstate entity for Federal program matching requirements.
In connection with the audit requirements addressed in this Paragraph 6(d)above,the Recipient
shall ensure that the audit complies with the requirements of Section 215.97(8), Fla. Stat. This includes
submission of a reporting package as defined by Section 215.97(2)(e), Fla. Stat. and Chapters 10.550
(local governmental entities) or 10 650(nonprofit and for-profit organizations), Rules of the Auditor
General.
If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an
audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, is not required. In the
event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and
elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, the cost
of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid
from the Recipient's resources obtained from other than State entities). Additional information on the
Florida Single Audit Act may be found at the following website:
https://apps.fldfs.com/fsaa/singleauditact.aspx.
(e) Report Submission
1. The annual financial audit report shall include all management letters and the
Recipient's response to all findings, including corrective actions to be taken.
2
68
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2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement
number.
3. Copies of financial reporting packages required under this Paragraph 6 shall
be submitted by or on behalf of the Recipient directly to each of the following-
The Division of Emergency Management at the following addresses.
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
OR
DEMSingle_Audit@em.myflorida.com
The Auditor General's Office at the following address.
Auditor General's Office
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Any reports, management letter, or other information required to be submitted
to the Division of Emergency Management pursuant to this Agreement shall be submitted on time as
required under OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities)
or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.
5. Recipients, when submitting financial reporting packages to the Division of
Emergency Management for audits done in accordance with 2 C F.R. Part 200 or Chapters 10.550(local
governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General,
should indicate the date that the reporting package was delivered to the Recipient in correspondence
accompanying the reporting package
(f) If the audit shows that all or any portion of the funds disbursed hereunder were not
spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for
reimbursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty days after the Division has notified the Recipient of such non-
compliance.
(g) The Recipient shall have all audits completed in accordance with Section 215 97, Fla.
Stat. by an independent certified public accountant(IPA)who shall either be a certified public accountant
or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied
with the applicable provisions noted above. The audit must be submitted to the Division no later than
nine(9) months from the end of the Recipient's fiscal year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close-out report.
These reports shall include the current status and progress by the Recipient and all subrecipients and
subcontractors in completing the work described in the Scope of Work and the expenditure of funds under
this Agreement, in addition to any other information requested by the Division.
(b) Quarterly reports are due to the Division no later than 30 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
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out report. The ending dates for each quarter of the program year are September 30, December 31
March 31 and June 30
(c) The close-out report is due 60 days after termination of this Agreement or 60 days
after completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they are completed or
may take other action as stated in Paragraph (11) REMEDIES "Acceptable to the Division"means that
the work product was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be
required by the Division.
(f) The Recipient shall provide additional reports and information identified in Attachment
E.
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that
time schedules are being met,the Schedule of Deliverables and Scope of Work are being accomplished
within the specified time periods, and other performance goals are being achieved. A review shall be
done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6)above, monitoring
procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or
other procedures. The Recipient agrees to comply and cooperate with any-monitoring
procedures/processes deemed appropriate by the Division. In the event that the Division determines that
a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional
instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees
to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the
Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance
and financial management by the Recipient throughout the contract term to ensure timely completion of
all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performance under this Agreement. For purposes of this Agreement, Recipient
agrees that it is not an employee or agent of the Division, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in
claims or suits against the Division, and agrees to be liable for any damages proximately caused by the
acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve
as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein
shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of any contract.
(10) DEFAULT.
If any of the following events occur("Events of Default'), all obligations on the part of the
Division to make further payment of funds shall, if the Division elects, terminate and the Division has the
option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make
payments or partial payments after any Events of Default without waiving the right to exercise such
remedies, and without becoming liable to make any further payment:
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(a) -If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient
fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous
agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its
obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any
time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty
days from the date written notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information,
(d) If the Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(11) REMEDIES.
If an Event of Default occurs, then the Division shall, after thirty calendar days written
notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one
or more of the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days
prior written notice of the termination. The notice shall be effective when placed in the United States, first
class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in
paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. request additional information from the Recipient to determine the reasons for
or the extent of non-compliance or lack of performance,
2. issue a written warning to advise that more serious measures may be taken if
the situation is not corrected,
3. advise the Recipient to suspend, discontinue or refrain from incurring costs for
any activities in question or
4. require the Recipient to reimburse the Division for the amount of costs incurred
for any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under law.
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive
any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient.
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended.
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(b) The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that continuing the Agreement would not produce beneficial results in tine with the
further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
receipt of the termination notice will be disallowed The Recipient shall not be relieved of liability to the
Division because of any breach of Agreement by the Recipient. The Division may, to the extent
authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of
damages due the Division from the Recipient is determined.
(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at
the address below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is.
Teresa A. Warner
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone. 850-922-1637
Fax: 850-488-7842
Email. Teresa.warner(&-em.mvflorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is.
John King, Director
4225 43rd Avenue
Vero Beach, FL 32967-1671
Telephone: 772-567-2154
Fax: 772-567-9323
Email.jking@ircgov com
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided as outlined in (13)(a)above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the
unsigned subcontract must be forwarded to the Division for review and approval before it is executed by
the Recipient. The Recipient agrees to include in the subcontract that(i)the subcontractor is bound by
the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal laws and
regulations, and (iii)the subcontractor shall hold the Division and Recipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement, to the
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extent allowed and required by law The Recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
(c) This Agreement has the following attachments.
Exhibit 1 - Funding Sources
Attachment A— Program Budget
Attachment B—Scope of Work
Attachment C— Program Goals
Attachment D—Deliverables
Attachment E—Reports
Attachment F— Program Statutes, Regulations and Program Requirements
Attachment G—Justification of Advance Payment
Attachment H—Warranties and Representations
Attachment I —Certification Regarding Debarment
Attachment J—Statement of Assurances
Attachment K— Reporting Forms
(17) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed
$105,806.00, subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to Section 216.181(16),
Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph
(12)(b)of this Agreement. The amount which maybe advanced may not exceed the expected cash
needs of the Recipient within the first three (3) months of the contract term. For a federally funded
contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash
Management Improvement Act of 1990. All advances are required to be held in an interest-bearing
account. If an advance payment is requested, the budget data on which the request is based and a
justification statement shall be included in this Agreement as Attachment E Attachment E will specify the
amount of advance payment needed and provide an explanation of the necessity for and proposed use of
these funds No advance shall be accepted for processing if a reimbursement has been paid prior to the
submittal of a request for advanced payment.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(d) Invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the project or services. Invoices shall be accompanied by a statement
signed and dated by an authorized representative of the Recipient certifying that"all disbursements made
in accordance with conditions of the Division agreement and payment is due and has not been previously
requested for these amounts." The supporting documentation must comply with the documentation
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requirements of applicable OMB Circular Cost Principles The final invoice shall be submitted within sixty
(60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the
submittal of quarterly invoices shall be submitted to the Division contract manager as part of the
Recipient's quarterly reporting as referenced in Paragraph 7 of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or
under subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to make any
further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty
days of receiving notice from the Division.
All funds received hereunder shall be placed in an account with a separate account code
identifier for tracking all deposits, expenditures and interest earned. Funds disbursed to the Recipient by
the Division that are not expended in implementing this program shall be returned to the Division, along
with any interest earned on all funds received under this Agreement, within ninety (90) days of the
expiration of the award Agreement.
The Recipient shall comply with all applicable procurement rules and regulations in securing
goods and services to implement the Scope of Work. Whenever required by law or otherwise permitted,
the Recipient shall utilize competitive procurement practices.
Any requests received after July 31, 2016, at the discretion of the Division, may not be
reimbursed from this Agreement.
This agreement may be renewed, at the Division's sole discretion, for a period that may not
exceed three years or the term of the original Agreement, whichever period is longer, specifying the
renewed price and subject to the availability of funds. Pursuant to Section 287.057(13), Florida Statutes,
exceptional purchase contracts pursuant to Section 287.057(3)(a) and (c), may not be renewed
At a minimum,the Recipient shall continue to provide other funding for the Recipient's
Emergency Management Agency at an amount equal to either: (1)the average of the previous
three years' level of county general revenue funding of the Recipient's Emergency Management
Agency; or(2)the level of funding for the Recipient's Emergency Management Agency for the last
fiscal year,whichever figure is lower(Rule 27P-19.011, Florida Administrative Code). Recipient's
general revenue funding for 911 services, emergency medical services, law enforcement, criminal
justice, public works or other services outside the local emergency management agency as
defined by Section 252.38, Florida Statutes, shall not be included in determining the "level of,
county funding of the Recipient's Emergency Management Agency." The Recipient shall certify
compliance with Rule Chapter 2713-19, Florida Administrative by its execution of this Agreement,
and as a condition precedent to receipt of funding.
All payments relating to the Agreement shall be mailed to the following address.
Attn. Finance Dept.
Indian River County
1801 27th Street
Vero Beach, FL 32960
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to
the order of"Division of Emergency Management", and mailed directly to the following address:
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Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for
collection, Recipient shall pay the Division a service fee of$15.00 or 5% of the face amount of the
returned check or draft, whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials is incorporated by
reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division
and with thirty days written notice to the Recipient, cause the termination of this Agreement and the
release of the Division from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act(Public Law
101-336, 42 U.S.0 Section 12101 et seg.), which prohibits discrimination by public and private entities on
the basis of disability in employment, public accommodations, transportation, State and local government
services, and telecommunications.
(f) Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives
funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief,
that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public(federal, state or local)transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
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3. are not presently indicted or otherwise criminally or civilly charged'by a
governmental entity(federal, state or local)with commission of any offenses enumerated in paragraph
19(g)2 of this certification, and
4. have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local)terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification,then the Recipient
shall attach an explanation to this Agreement.
In addition,the Recipient shall send to the Division (by email or by facsimile transmission)
the completed "Certification Regarding-Debarment, Suspension, Ineligibility And Voluntary
Exclusion" (Attachment 1)for each intended subcontractor which Recipient plans to fund under
this Agreement. The form must be received by the Division before the Recipient enters into a
contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
Q) Any bills for travel expenses shall be submitted in accordance with Section
112.061(14)(a), Fla. Stat. The provisions of any special or local law, present or future, shall prevail over
any conflicting provisions in this section, but only to the extent of the conflict.
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient
refuses to allow public access to all documents, papers, letters or other material subject to the provisions
of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement.
(1) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
(m) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e)of the Immigration and Nationality Act
("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by the Division
(n) The Recipient is subject to Florida's Government in the Sunshine Law(Section
286.011, Fla. Stat)with respect to the meetings of the Recipient's governing board or the meetings of
any subcommittee making recommendations to the governing board All of these meetings shall be
publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available
to the public in accordance with Chapter 119, Fla. Stat.
(o) All expenditures of state financial assistance shall be in compliance with the laws,
rules and regulations applicable to expenditures of State funds, including but not limited to, the Reference
Guide for State Expenditures.
(p) The Agreement may be charged only with allowable costs resulting from obligations
incurred during the term of the Agreement.
(q) Any balances of unobligated cash that have been advanced or paid that are not
authorized to be retained for direct program costs in a subsequent period must be refunded to the State.
(20) LOBBYING PROHIBITION
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(a) No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
1 No Federal appropriated funds have been paid or will be paid, by or on behalf
of the Recipient, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative i
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete
and submit Standard Form-LLL, "Disclosure of Lobbying Activities."
3. The Recipient shall require that this certification be included in the award
documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
(21). COPYRIGHT PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all
rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Recipient shall notify the Division Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property
exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which
accrue during performance of the Agreement.
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(22) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
(23) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment J.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT:
INDIAN RIVER COUNTY !
By: APPROVED
Name and title* Wesley S. Davis. Chairman
Date:
FID# 59-6000674
STATE OF FLORIDA C 4AmInIstrator
DIVISION OF EMERGENCY MANGEMENT
Attest: Jeffrey R. Smith, Clerk of
By:
Name and Title Brvan Koon, Director Court and Comptroller
Date: By:
Deputy Clerk
APPROVED AS TO FOR
AGd9 j5� FI
gY
WiLLTAM K.DEBRAAL
DEPUTY COUNTY ATTORNEY
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EXHIBIT—1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING:
SUBJECT TO SECTION 215.97 FLORIDA STATUTES.
NOTE: If the resources awarded to the recipient represent more than one State project provide the same
information shown below for each State project and show total state financial assistance awarded that is
subject to Section 215.97 Florida Statutes
State Project-
State awarding agency: Division of Emergency Management
Catalog of State Financial Assistance title: Emergency Management Programs
Catalog of State Financial Assistance number: 31.063
$105,80600
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS.FOLLOWS:
Pursuant to.Section 252.373, Florida Statutes and Rule Chapter 27P-19, Florida Administrative
Code.
Eligible activities for these funds are limited to salaries and expenses relating to maintaining and
enhancing county emergency management plans and programs.
Eligible recipients for these funds are limited to the 67 Florida counties.
NOTE: 2 C.F.R. Part 200 and Section 215.97(5)(a), Florida Statutes, require that the information about
Federal Programs and State Projects included in Exhibit 1 be provided to the recipient.
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Attachment A
Program Budget
• Funding from the Emergency Management Preparedness and Assistance Trust Fund is intended for
use by the Recipient to perform eligible activities as identified in this agreement and programs that
are consistent with State Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida
Statutes).
• The transfer of funds between the categories listed in the Program Budget is permitted
• Below is a general budget which outlines eligible categories and their allocation
'a..t•+e'SJ-sr<=�TQ<'.-`- �'�s.-.._-•'kyr. a?33.`�'ri'��E'-y�ei'` -
:'V
`r..Y fs--�5 :J. s_..• �.sx-- -ur-s:.a—
,4 s4.�..-. ?:" .;..•.".. .`-. �-,y.,i�"a a"�'' ".':�_-.�`��r., iii-„ 'l!'.x-'�c3 x••33.,`.6-'•.!a,
'.i'A: Yti.q1'l' - �s'f .'l R'.t<.. •..- J-- V.r... -�y
c-�' ,.�.
Amounts •.
G.rant �:
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`�'- t','-:µ=. .-�,--�:_„ -i' - .,�r`i71� _ ,Y,' :�re ��? �`T-�•.a _V, •�J''==':'5=:�- i�t'.lr�_ n � 'rxaT ;�=;�y'ti
�4;�,%�'� .,r X_ .r- :.r�f�`,ar ;;f`�. .: � .. +,•.�:`"� �. 5. ," v.,�y. ✓��'y�'�,- �'.^,�.1`T`P. i-� �I� w� "��.2d' ►�� `� �]
,.�._ ti+�:L?_ - _.. .,i=`_.��36: - :�'fk�c�:C,�.'s� .�� -i.`4�::G�4:_°:4.-�%�`��;a� `Y'�`�°..�.'���:.��:"�,-_'=�_-_��.:ice•:-.�",r#��A�K_...JCBI�V��..vq�
Salary and Benefits 71,227
FY 2015-2016 — Other Personal/Contractual
Emergency Management INDIAN RIVER COUNTY Services(OPS)
Preparedness and
Assistance,Grant Expenses 34,579
Operating Capital Outlay (OCO)
Fixed Capital Outlay (FCO)
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Attachment B
Scope of Work
Base Grant funding from the Emergency Management Preparedness and Assistance Trust Fund is
provided to enhance county emergency management plans and programs that are consistent with the
State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 27P-6,
Florida Administrative Code and Chapter 252, Florida Statutes). Eligible activities are outlined below in
the Categories and Eligible Activities This Scope of Work recognizes that each recipient is at a varying
level of preparedness, and it is understood that each county has a unique geography, faces unique
threats and hazards, and serves a unique population.
The intent of the EMPA Base Grant Agreement is to provide each county with the means to successfully
manage and operate an Emergency Management Program. Counties must be able to prepare for,
respond to, recover from, and mitigate against natural and man-made disasters/emergencies
Each Emergency Management staff person must work the number of hours and assume the
responsibilities for the duties in their official position description as well as provide the
coordination and support for all incidents within their jurisdiction
The minimum acceptable standard for payment is to maintain a 24-7 operation. To maintain a
minimum level of capability, submit current EMAP accreditation certification OR certificates for
the following training via SharePoint for each emergency management position.
• IS 100—Introduction to Incident Command System
• IS 200—ICS for Single Resources and Initial Action Incidents
• IS 700—National Incident Management Systems(NIMS)
• IS 800—National Response Framework
This includes any service related to the"Categories and Eligible Costs" listed below,as well as
completing the Program Goals(Attachment C). Items listed in Attachment C are to be reviewed
during the mid-year and end-of year progress report prepared in conjunction with the Division's
Regional Coordinator to ensure county compliance.
In addition, the County is to achieve the following emergency management Program Goals throughout the
contract period to ensure county compliance and coordination with the state emergency management:
Coordination and Collaboration, Training and Exercise, Geographical Information, Logistics, and Shelter
Survey and Retrofit Program
By signing this Agreement the Recipient certifies that it will use the award to enhance its Emergency
Management Program.
Monitoring: Monitoring may be accomplished through either a desk-based review or on-site monitoring
visits, or both. Monitoring will involve the review and analysis of the financial, programmatic,
performance, compliance and administrative processes, policies, activities, and other attributes of each
county and will identify areas where technical assistance, corrective actions and other support may be
needed.
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Desk monitoring is the review of projects, financial activity and technical assistance between the Division
and the applicant via e-mail and telephone On-Site Monitoring are actual visits to the recipient agencies
by a Division representative who examines records, procedures and equipment.
The Division may request additional monitoring/information if the activity, or lack thereof, generates
questions from the region, the sponsoring agency or Division leadership. The method of gathering this
information will be determined on a case-by-case basis.
Piggy-backing: The practice of procurement by one agency using the agreement of another agency is
called piggybacking. The existing contract must contain language or other legal authority authorizing third
parties to make purchases from the contract with the vendor's consent. The terms and conditions of the
new contract, including the scope of work, must be substantially the same as those of the existing
contract. The piggyback contract may not exceed the existing contract in the scope of volume of goods
or services. An agency may not use the preexisting contract merely as a"basis to begin negotiations"for
a broader or materially different contract.
Federally funded projects must be competitively solicited offering open competition Piggy-backing off
existing agreements is not allowed unless justified by additional quotes demonstrating cost benefit of
contract vendor. This includes the use of State Term Contracts (STC), State Alternate Contract Sources
(ACS), General Services Administration (GSA)contracts, and local agreements. Each award under this
grant is a'new' project and must be competitively awarded FDEM requires suspension and debarment
forms for each vendor and justification of vendor selection. FDEM must pre-approve all scopes of work
for projects funded under this agreement. FDEM may require solicitation documents and responses at its
discretion.
I. Categories and Eligible Costs
FY2015-2016 allowable costs are divided into the following categories: salary and benefits,other
personal contractual services, expenses, operating capital outlay and fixed capital outlay are
allowable.
A. Salaries and Benefits
Authorized Salaries and Benefits are eligible for reimbursement. Copies of timesheets (if applicable)
documenting hours worked and earning statements/payroll registries are required documentation for
proof of salary payments. The Staffing Detail Worksheet must list the position for which reimbursement is
requested. Eligible categories for reimbursement include, but are not limited to,
• Regular Salary
• Overtime
• FICA
• SS/Medicare
• Retirement
•_ Life/Health Insurance
• Leave Payout
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Accumulated sick/vacation time paid out within the Agreement period (this must be claimed during the
Agreement period in which the payout occurred (regardless of which Agreements were in place at the
time of accumulation)
The quarterly minimum acceptable standard is to have the qualified staffing level for the county
based upon Rules 27P-11.004 and 27P-11.0061 (definition below). Each Emergency Management
staff person must be available to work the number of hours and assume the responsibilities for
the duties in their official position description as well as provide the coordination and support for
all incidents within their jurisdiction. Maintain the operational capability to activate facility their
on a 24 hour basis.
Personnel costs 27P-11 004, 27P-11 0061
(1) Counties with populations of 75,000 or more must have a full time emergency management
director Counties with populations of less than 75,000 or party to an interjurisdictional emergency
management agreement entered into pursuant to Section 252.38(3)(b), F S., that is recognized by the
Governor by executive order or rule, are encouraged to have a full time director, but, must, as a
minimum, have an emergency management coordinator who works at least 20 hours a week in that
capacity "Full-time Emergency Management Director' means a single professional emergency
management program Administrator working full-time as identified in the position description
established by the governing body of the jurisdiction.
(2)The county must have an emergency management program which has been approved by the
Division of Emergency Management. Program approval will require- compliance with appropriate
federal and state laws, rules and regulations; satisfactory completion of work elements of the previous
year; and, a current proposal containing work elements commensurate with the needs of that county
and a proposed budget. Eligible County Emergency Management Agencies in the state shall be
allocated annual Federal Emergency Management Agency(FEMA) Emergency Management
Performance Grant(EMPG)funding based on the following factors: an amount initially allocated to
the county under its Fiscal Year 1994-95 Emergency Management Assistance agreement with the
Division of Emergency Management(Division), a base amount distributed equally to each county and
an amount commensurate with each county's proportionate share of the state's total population
based on the most recent official population estimates. These amounts shall be increased or
decreased to reflect additions or reductions in the availability of FEMA EMPG funds to the Division
and the Division's distribution of funds to local governments.After providing for the initial allocation
and the base amount allocation as described above, each county's increase or decrease shall be
commensurate with its proportionate share of the state's total population based-on the most recent
official population estimates. Federal funds shall be used by the county for personnel, travel and
operational expenses. Each county must be able to provide a non-federal match for federal funds on
a dollar for dollar basis.
B. Other Personal/Contractual Services
Authorized Other Personal/Contractual Services allows for reimbursement for services by a person(s)
who is not a regular or full time employee filling established positions. This includes but is not limited to,
temporary employees, student or graduate assistants, fellowships, part time academic employment,
board members, consultants, and other services. Services would include planning, training, exercise or
other priorities in emergency management.
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Consultant Services require a pre-approved Contract or purchase order by the Division. Copies of {
additional quotes must be submitted for pre-approval. These requests should be sent to the Contract
Manager for the Division for review either via e-mail or U.S. Mail. Once approved, a copy of the
Agreement must be sent to the Contract Manager within ten (10) days of execution.
C. Expenses
Authorized Expenses are defined as usual, ordinary, and incidental expenditures by an agency, including
but not limited to, commodities and supplies of a consumable nature, current obligations and fixed
charges. Expenditures defined as Operating or Fixed Capital Outlay should not be included in this
category. Backup Documentation should reflect the amount requested on the Expenses Detail of Claims
form
Eligible items in the Expenses category include, but are not limited to.
• Utility(electric, water and sewage)and Telephone Bills(landlines, cellular, and satellite)
• Internet Service
• Maintenance Agreements for equipment or services
• General Office Supplies
• Travel to/from meetings and conferences related to emergency management
• Travel to training and/or exercises related to emergency management
• Dues and Conference Travel as it relates to the Scope of Work
• Equipment(that does not qualify as OCO or FCO)
• Software and upgrades
• Publications and Training Materials
• Postage
• Apparel for identification of Emergency Management Staff in the field
• Fuel for Emergency Management vehicles
• Food/Beverages for activations (must have Governor's Executive Order or a declared Local State
of Emergency)
Maintenance and Service Contracts or Purchase Orders for Maintenance and Service timeframes are
at the discretion of the county. However, reimbursement can only be claimed for services within the
Agreement period. These Agreements cannot be rolled over from year to year. The procurement
process must be repeated each year to ensure competitive solicitation.
D. Operating Capital Outlay (OCO)
Authorized OCO is defined as equipment, fixtures and other tangible personal property of a non-
consumable nature that has a normal expected life of one year or more.
Eligible items include, but are not limited to:
• Computers, printers, copiers and fax machines
• Radios, satellite telephones and other communications equipment
• Furniture for Emergency Management Offices and Emergency Operation Centers
• Shelving for storage of Emergency Management equipment
• Vehicles for the Emergency Management Program (see note regarding vehicle purchases below)
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E. Fixed Capital Outlay(FCO)
Authorized FCO is defined as real property(land, buildings including appurtenances, fixtures and fixed
equipment, structures, etc.) including additions, replacements, major repairs and renovations to real
property which materially extend its useful life or materially improve or change its functional use, and
including operating capital outlay necessary to furnish and operate a new or improved facility.
Eligible items include, but are not limited to-
• Major repairs to the County Emergency Operations Center
• Central Heat/Air
• Out buildings for storage of Emergency Management Equipment
• Security Improvements (i.e. Cameras and equipment to operate)
• Generators and Installation
11. Eligibility Requirements:
Rule 27P-19.004, Florida Administrative Code(F.A.C.) requires Counties to certify their commitment to
employ and maintain either a Full-time Director or Part-time Coordinator.
Counties must also maintain a County Emergency Management budget that is equal to the
amount of the previous year or the average of the previous three years' level of funding. If the
county budget is reduced for any reason, a waiver must be requested no later than forty-five(45) j
days prior to the beginning of the county fiscal year. Rule 27P-19.011, F.A.C.further defines these
requirements.
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Attachment C
Program Goals
The County is to achieve the following emergency management Program Goals throughout the contract
period to ensure county compliance and coordination with the state emergency management.
Items listed below are to be reviewed during the mid-year and end-of year progress report prepared in
conjunction with the Division's Regional Coordinator to ensure county compliance.
1. COORDINATION AND COLLABORATION -Utilizing the elements below, county emergency
management agencies will have an ongoing process that provides for coordinated and collaborated
input in the preparation, implementation, evaluation and revision of emergency management
programs.
A) Need to attend at least three events below and provide an agenda or a copy of the certificate to
show participation during this contract period (July 1, 2015—June 30, 2016):
• Quarterly Regional Coordination Meetings—submittal of agenda is NOT required
• Current Issues in Emergency Management(CIEM)—submittal of certification is NOT
required
• Florida Governor's Hurricane Conference or National Hurricane Conference
• Florida Emergency Preparedness Association Annual Meeting
• Florida Emergency Preparedness Association Mid Year Work Session
• Local Mitigation Strategy(LMS)Workshops
• Professional Development Conferences &Training
B) Update and submit changes to the County Contact Form, to include County Officials annually or
as changes occur.
C) Hold at least one (1) Emergency Operations Center(EOC)concept of operations meeting to
include Emergency Support Function (ESF) and community partners prior to the start of hurricane
season
D) Hold at least one(1) Recovery Strategy meeting to include the appropriate ESF, Non
Government Partners (NGO) and community partners prior to the start of hurricane season.
2. TRAINING AND EXERCISE-To ensure that each county emergency management agency
maintains a comprehensive, all hazards training and exercise program to evaluate and test all
aspects of the local emergency management system including activation of the county EOC, during
this contract period (July 1, 2015—June 30, 2016), the county must:
A) Participate in the annual Statewide Hurricane Exercise and submit the following within 90 days
This must be uploaded to the Division's Sharepoint portal, https:Hportal.floridadisaster.org.
• One(1) Incident Action Plan (IAP) OR one (1) Situation Report(SITREP)with a roster of
participants, and
• Participate in at least one (1)conference call.
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B) Submit an After Action Report (AAR)and Corrective Action Plan (CAP)within 90 days for all
exercises not conducted by the State. This must be uploaded to the Division's Sharepoint portal,
https.Hportal.floridadisaster.org.
3 GEOGRAPHICAL INFORMATION -Emergency services data must be developed, maintained, and
updated in cooperation between counties and the Division A data export will be created for each
county and uploaded to the Division's Sharepoint portal, https.Hportal.floridadisaster.orq. Updates and
corrections must be provided to the Division's GeoSpatial Information Systems(GIS)section on or
before April 15, 2016 This must include:
A) Location and attribute information of all fire rescue, law enforcement, public safety and
emergency service stations must be reviewed and updated as needed.
B) Location and attribute information of other critical facilities as deemed necessary by the county
Emergency Manager.
Attribute information for spatial data requested must include: facility name, facility type; physical
address, and USNG coordinates OR Latitude/Longitude in decimal degrees (only one or the other is
required).
NOTES
• Instead of reviewing the spreadsheet, an export from a county GIS department may be submitted.
Zipped shapefiles or geodatabases may be extracted from a county GIS system and uploaded to
the Sharepoint portal.
• If a county maintains a GIS data download website, that URL may simply be provided
• If counties have no changes since the last agreement period a statement of"no change" must be
submitted via the Sharepoint portal..
• Critical facility inventory spreadsheets provided will contain more facility types than are required
to be reviewed.
4. LOGISTICS-The County must maintain a comprehensive resource management program that
involves pre-disaster, systematic identification of resource requirements, shortfalls and inventories.
Also, the county must identify local resources to meet emergency needs, and develop local contracts
for goods and services. The following must be uploaded to the Division's Sharepoint portal,
https:Hportal.floridadisaster.org, no later than June 1, 2016.
A) An updated county logistics strategy/plan that is consistent with guidance found in the County
Logistics and Points of Distribution (POD) Standard Operating Guide(SOG) (CEMP 2355) The
strategy/plan must also include, but is not limited to the following:
• County Government Emergency Fuel Strategy
• Utilization of private business and industry in meeting emergency resource needs
• List of local vendors, any Memorandum of Agreements and contracts that will provide
resources in an emergency
• Location, survey forms and attributes information for county logistical staging areas
• Location and attribute information for Points of Distribution (POD)sites and Comfort Stations
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5 SHELTER SURVEY AND RETROFIT PROGRAM—In accordance with Florida's statewide hurricane
shelter space deficit elimination program,the following must be uploaded to the Division's Sharepoint
portal, https:Hportal.floddadisaster.or-g. All information must be verified by the county.
A) Identify potential hurricane shelter retrofit projects or report that there are no new identified
projects. (This information is used to compile the Shelter Retrofit Report.)
B) Report all hurricane shelter retrofit projects that are undertaken, regardless of funding source(s)
or report that there are no projects.
C) Develop and submit a strategy to ensure that by June 1, 2016, all designated Special Needs
Shelters (SpNS) have a standby power system or capability with adequate capacity to support
life-safety systems, essential lighting and outlet receptacles, air-conditioning, and necessary
medical equipment. For those designated SpNS facilities without a permanently equipped
standby electric generating capacity, a locally sourced and acquired temporary electric generator
with adequate capacity to support the standby power system requirements must be provided.
D) Develop and submit a strategy to ensure that by June 1, 2016, there is adequate designated
SpNS client space capacity to meet the anticipated five-year demands as determined by the 2012
Statewide Emergency Shelter Plan (January 31, 2012). All designated SpNS facilities must at a
minimum meet the hurricane safety criteria established in the American Red Cross Standards for
Hurricane Evacuation Shelter Selection (ARC 4496) and be equipped with an adequate standby
electric power system or capability as described in item 5.C. above.
E) Update and submit a hurricane shelter deficit reduction progress reports, which include"as-is",
retrofit and Enhanced Hurricane Protection Areas(EHPA)construction. (This information is used
to compile the Shelter Retrofit Report.)
F) Provide a brief report on results of the year's coordination with school boards, community
colleges and universities (as applicable)for implementation of the statutory and code required
Public Shelter Design Criteria(a.k.a. EHPA) The most recent published Statewide Emergency
Shelter Plan can provide guidance for implementation of the EHPA criteria. A checklist to provide
this information will be made available on the Division's Sharepoint Portal.
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}
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Attachment D
Deliverables
EMPA Base Grant costs are divided into the following categories: salary and benefits, other personal
contractual services, expenses, operating capital outlay and fixed capital outlay are allowable. The
intent of the EMPA Base Grant Agreement is to provide each county with the means to successfully
manage and operate an Emergency Management Program. Counties must be able to prepare for,
respond to, recover from, and mitigate against natural and man-made disasters/emergencies.
The County Emergency Operation Center must be able to operate within the minimum acceptable
standard to maintain a 24-7 operation, 7 days a week The Recipient must maintain current EMAP
accreditation certification OR certificates for the following training via SharePoint for each emergency
management position.
• IS 100—Introduction to Incident Command System
• IS 200—ICS for Single Resources and Initial Action Incidents
• IS 700—National Incident Management Systems (NIMS)
• IS 800—National Response Framework
Each Emergency Management staff person must work the number of hours and assume the
responsibilities for the duties in their official position description as well as provide the coordination and
support for all incidents within their jurisdiction. The quarterly minimum acceptable standard is to have
the qualified staffing level for the county based upon Rules 27P-11.004 and 27P-11.0061.
Financial Consequence
To receive reimbursement for performance of each category,the Recipient's activities must be
completed within the agreement period and in accordance with the Budget and Scope of Work,
Attachment A and B of the Agreement. In the event that the Recipient does NOT maintain level of
capability(EMAP and certificates),the Division will withhold 5% of the amount requested in the
Quarterly Financial Report.
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Attachment E
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Reports
A. Recipient must provide the Division with quarterly financial reports, mid-year and end-of-year
summary progress reports prepared in conjunction with the Division's Regional Coordinator, and
a final close-out report. Reporting Forms are located in Attachment K and can be found on the
Division internet site.
B. The Recipient must provide the Division with full support documentation for the quarterly
financial reports. To eliminate large files and mailings, the Division will accept back up
documentation on a CD if desired by the county.
• Salaries: Includes, but is not limited to, a copy of the payroll register(highlight, underline or
circle expenses being claimed), spreadsheet showing breakdown (optional),timesheets (if
applicable), and canceled checks or proof of payment. Check/payroll registers are accepted
as backup for both State and Federal Agreements with the Division if canceled checks are
not available.
• OPS/Contractual Services. Includes, but is not limited to copies of contracts, MOUs or
agreements with consultants or sub-contractors providing services, payroll registers,
timesheets and copies of checks/proof of payment for temporary employees, student or
graduate assistants, fellowships, part-time academic employment, etc. Invoice detailing
services performed and a copy of proof of payment (i.e., canceled checks, general ledger
showing deducted expenditure, etc.)
• Expenses: Must include a copy of the invoice/receipt and proof of payment in the form of a
canceled check or ledger showing amount deducted from county fund.
o If training/exercise is provided by contractor, an agenda, training materials, exercise
materials and copies of sign-in rosters of attendees should be included. If planning is
provided then will need copies of planning materials and work products(i.e., meeting
documents, copies of completed plans, etc.)
o For travel and conference activities, copies of all receipts must be submitted (i.e.,
airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.)
Receipts must be itemized and match the dates of travel/conference. If conference,
a copy of the agenda must be provided. Proof of payment is also required for all
travel and conferences.
• OCO: Includes but is not limited to a copy of the vendor invoice/receipt and proof of payment
in the form of a check or ledger showing payment deduction.
• FCO: Includes but is not limited to a copy of the vendor invoice/receipt and proof of payment
in the form of a check or ledger showing payment deduction.
• If cancelled checks are NOT available, copies of the general ledger MUST be provided.
C. Quarterly financial reports are due to the Division no later than thirty days after the end of
each quarter of the program year; and must continue to be submitted each quarter until
submission of the final close-out report. The ending dates for each quarter of this
program year are September 30, December 31, March 31 and June 30.
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D The final close-out report is due sixty days after termination of this Agreement. !
E. The Budget*Form is to be completed and sent along with the County's signed agreements
for execution. Along with the Budget Form the county needs to provide a copy of the
current Emergency Management Local Budget(General Revenue). This is to ensure
compliance with Rule 27P-19.011, Florida Administrative Code.
F. In order to ensure compliance with Rule 27P-19.011, Florida Administrative Code, historical
budgetary information relating to the Recipient's Emergency Management Program is also
required. This information must be developed based on guidelines provided and must be
submitted to the Division no later than December 31, 2015.
G. In a format provided by the Division, a proposed staffing summary must be submitted by
December 31, 2015. Also, each funded county emergency management position description
must be submitted to the Division no later than December 31, 2015.
H If all required reports prescribed above are not provided to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they are
completed or may take such other action as set forth in Paragraphs (10), (11) and (12)of this !
Agreement, and Rule 27P-19 014, Florida Administrative Code. "Acceptable to the Division"
means that the work product was completed in accordance with generally accepted principles,
guidelines and applicable law, and is consistent with the Scope of Work.
I. Mid-Year and End-of-Year summary progress reports are to be scheduled and reviewed by the
Division's Regional Coordinator and submitted to the contract manager.
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Attachment F
Program Statutes, Regulations and Program Requirements
Program Statutes
1. Chapter 252, Florida Statutes
2. Rule Chapters 27P-6, 27P-11, 27P-19 and 27P-20, Florida Administrative Code
3 48 CFR, Part 31
Program Requirements
(1) EQUIPMENT AND PROPERTY MANAGEMENT
The Division will cover the monthly cost of the satellite service provided to the counties(this
includes one(1) license per county). The charge does not cover maintenance, repair, additional
equipment and other services not part of the initial order for services. In particular, the service charge
does not cover:
(a) Maintenance, repair, or replacement of parts damaged or lost through catastrophe,
accident, lightning, theft, misuse, fault or negligence of the Recipient or causes external damage to the
equipment, such as, but not limited to, failure of, or faulty, electrical power or air conditioning, operator
error, failure or malfunction of data communication equipment not provided to the Recipient by the
Division under this Agreement, or from any cause other than intended and ordinary use
(b) Changes, modifications, or alterations in or to the equipment other than approved
upgrades and configuration changes.
(c) Deinstallation, relocation, or removal of the equipment or any accessories, attachments
or other devices.
The Recipient shall be independently responsible for any and all charges not part of the initial service
order.
(2) NAWAS
The Florida National Warning System (NAWAS) is a U.S. Department of Homeland Security
product that shall be monitored 24 hours a day/365 days a year. The U. S. Department of Homeland
Security supplies the line and one handset to the recipient at no cost. Additional equipment, connections
and handsets are the responsibility of the Recipient.
(3) VEHICLES
Written approval from the Director of the Division must be obtained prior to the purchase of any
motor vehicle with funds provided under this Agreement. In the absence of such approval, the Division
has no obligation to honor such reimbursement request.Any trade-in or resale funds received relating to
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any vehicle purchased under this subgrant is program income and must be applied toward the Recipient's
Emergency Management Preparedness and Assistance(EMPA) Base Grant expenditures
(4) PROPERTY MANAGEMENT/PROCUREMENT
(a) The recipient shall comply with applicable procurement rules and regulations in securing
goods and services to implement the Scope of Work. Wherever required by law or otherwise permitted,
the Recipient shall utilize competitive procurement practices.
(b) Allowable costs shall be determined in accordance with Office of Management and Budget
Circular A-102 -Common Rule
(c) Recipient agrees to use any equipment purchased under the terms of this Agreement for the
purpose for which it was intended.
(d) Equipment purchased under the terms of this Agreement shall remain the property of the
Recipient. The disposition of equipment shall be made in accordance with the Recipient's policies and
procedures and applicable federal policies and procedures.
(5) CERTIFICATIONS
(a) By its execution of this Agreement, the Recipient certifies that it is currently in full
compliance with the Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code, Chapter
252, Florida Statutes, and appropriate administrative rules and regulations that guide the emergency
management program and associated activities.
(b) The Recipient certifies that funds received from the Emergency Management, Preparedness
and Assistance Trust Fund (EMPA funds)will not be used to supplant existing funds, nor will funds from
one program under the Trust Fund be used to match funds received from another program under the
Trust Fund. The Recipient further certifies that EMPA funds shall not be expended for 911 services,
emergency medical services, law enforcement, criminal justice, fire service, public works or other services
outside the emergency management responsibilities assigned to the Recipient's Emergency Management
Agency, unless such expenditure enhances emergency management capabilities as expressly assigned
in the local Comprehensive Emergency Management Plan (CEMP).
(c) The Recipient certifies that it is a participant in the most current Statewide Mutual Aid
Agreement(SMAA).
(d) By its signature, the Recipient reaffirms its certification to employ and maintain a full-time
Director consistent with Rule 27P-19 002(6), Florida Administrative Code.
(6) OTHER CONDITIONS
(a) As a further condition of receiving funding under this Agreement, following full or partial
County Emergency Operation Center activation at a level equivalent to a State Emergency Operation
Center level two (2)or above during the period of this Agreement, then the Recipient shall, within forty-
five (45) days following the conclusion of the activation, evaluate the performance of all elements of the
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local emergency management program during that activation, and provide a written after action report to
the Division
(b) Funds may not be used for items such as door prizes and gifts. Flyers and educational
information to educate the public about the Emergency Management Program is allowable.
(c) Food and beverages may be purchased for Emergency Management personnel and other
personnel only if the Recipient's Emergency Operation Center or field command office is in an activated
status and personnel receiving food/beverage are on duty at either of these locations. Purchases may be
made only under(1)An Executive Order issued by the Governor or(2) a State of Emergency
appropriately declared by local officials in response to an emergency event or threat.
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(d) Within 60 days of execution of this Agreement, the Recipient shall provide copies of any new
or updated ordinances in effect which expressly address emergency management, disaster
preparedness, civil defense, disasters, and emergencies or otherwise govern the activation of the local
emergency management program provided in s.252 38, Florida Statutes.
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Attachment H
Warranties and Representations
Financial Management
Recipient's financial management system must include the following.
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated '.
balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment.Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB cost principles and the terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements Awards shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill
in order for the bid or offer to be evaluated by the Recipient.Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so.
Codes of Conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors or parties to subcontracts. The standards of
30
96
t
conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient. 1
Business Hours
The Recipient shall have its offices open for business,with the entrance door open to the public, and at
least one employee on site, from 8: 00 AM to 5 : 00 PM Monday thru Friday
except holidays.
Licensinq and Permittinq
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
31
97:
i
Attachment I
e" Debarment'Sus` erasion= Irieli`i6il ` '
`
nd-Volu .•.
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Recipient, certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form
SUBCONTRACTOR:
By-
Signature
ySignature Recipient's Name
Name and Title DEM Contract Number
Street Address Project Number
City, State, Zip
Date
32
98
Attachment J
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including 2 C.F.R. Part 200; E O. 12372 and Uniform Administrative
Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the
application, acceptance and use of Federal funds for this federally-assisted project.Also the Applicant
assures and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970(P.L. 91-646)which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally-assisted programs
2. It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity financed in
whole or in part by Federal grants. (5 USC 1501,et. seq.)
3 It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties.
5 It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's(EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
8. It will comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster
Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The phrase"Federal financial
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
33
99
1
t
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended(16 USC 470), Executive Order 11593, and the Archeological and
Historical Preservation Act of 1966(16 USC 569a-1 et seq.) by(a) consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by(b)complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties
10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended,the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for
Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations.
11 It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure, Part 20, Criminal Justice Information Systems, Part
22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence
Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and
Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61,
Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management
and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance
Programs.
12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime
Act(as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act(ADA)
(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of
Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39.
13. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for$500,000 or more
15. It will comply with the provisions of the Coastal Barrier Resources Act(P.L. 97-348) dated October 19,
1982 (16 USC 3501 et seq.)which prohibits the expenditure of most new Federal funds within the units of
the Coastal Barrier Resources System.
16 DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS)As required by the Drug-
Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at
28 CFR Part 67 Sections 67 615 and 67.620
34
100
Attachment K
Reporting Forms
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT-BASE GRANT
Quarterly Financial Report(Form 1):
1. These reports must be completed in full on a quarterly basis and be submitted no later than 30 days after the end of each quarter.
QUARTERLY FINANCIAL REPORTS MUST BE SUBMITTED ON A QUARTERLY BASIS EVEN IF YOU ARE NOT CLAIMING ANY
EXPENDITURES.
Quarterly Financial Report(Form 1)and Detail of Claims (Form 2 and 3):
1. These forms are to be submitted quarterly Complete Quarterly Financial Report by entering all information needed for reimbursement.
2 The Detail of Claims form must accompany the Quarterly Financial Report.
3. The Quarterly Financial Report form must be signed by the contract manager or someone with equal authority
4. Claims are to be submitted to the following address.
DIVISION OF EMERGENCY MANAGEMENT
2555 SHUMARD OAK BOULEVARD
TALLAHASSEE, FLORIDA 32399-2100
Attn: (Contract Manager's name)
Budget -(Form 4):
1. The Budget Form is to show how the EMPA Base Grants will be matched at an amount either equal to the average of the previous three
years'level of county general revenue funding of the County Emergency Management Agency or the level of funding for the County
Emergency Management Agency for the last fiscal year,whichever figure is lower.
2. This form is to be completed and sent along with the signed agreements for execution. Required with this form the county needs to
provide a copy of the current Emergency Management Local Budget(General Revenue).
3. This is to ensure compliance with Rule 2712-19.011,Match Requirements,Florida Administrative Code.
Staffing Detail -(Form 5):
1. List ALL Emergency Management Agency staff, regardless of funding. Provide a total anticipated annual amount of Salaries and Benefits to be
paid for each position. Provide the funding distribution(%)in each applicable column: local,state.federal,etc.
Historical for Match-(Form 6):
1. AGREEMENT PERIOD 2014-2015-This will consist of the last quarter of the county's fiscal year 2013-2014 and the first three quarters of
the county's fiscal year 2014-2015
2. This information represents the county's general funds and all federal and/or state funds provided for the county's Emergency Management
Program for Fiscal Year 2014-2015. Federal Funds requires a dollar for dollar non-federal match from county generated funds or other non-
federal funds.
3. This information focuses only on the County Emergency Management Agency's annual costs;it should not include any disaster-related response
or recovery costs.
4. Include any explanatory footnotes or narrative comments you feel relevant,particularly if you experienced any large,atypical/non-recurring
expenditures(e.g.,construction of an EOC)that would spike your local spending in any given year.
EXPENDITURE DEFINITIONS-This sample report should serve only as an example-Use actual data from your County's financial
records
1. Includes the compensation for services that are directly related to the emergency management program by persons who are regular
employees in established positions. Calculation should include any known overtime cost requirements and all salary related matching
benefits such as social security, retirement and insurance contributions,etc.
2. Includes the compensation for services that are directly related to the program by an outside company or a person who is not a regular or full-
time employee filling an established position. This shall include but not be limited to,temporary employees,student or graduate assistants,
fellowships,part time academic employment, board members,consultants,and other services.
3. Includes the usual,ordinary,and incidental expenditures by an agency,including, but not limited to,commodities and supplies of a
consumable nature.
4. Includes equipment,fixtures and other tangible personal property of a nonconsumable and nonexpendable nature that have a normal
expected life of one year or more.
5. Includes real property(land,building including appurtenances,fixtures and fixed equipment,structures,etc.),including additions,
replacements, major repairs,and renovations to real property which materially extend its useful life or materially improve or change its
functional use,and including operating capital outlay necessary to furnish and operate a new or improved facility
Close Out Report-(Form 7):
1 Close Out Reports are due forty-five(45)days after the contract end date.
2. The agreement cannot be considered closed until the Close Out Report has been received.
101
t
Documentation of project expenditures:
1 Grantees must maintain documentation of expenditures for a minimum period of five years following the close of project/program operations unless
audits require a longer period of time.
2. Grantees should maintain a financial file with copies of back-up documentation for all paid project/program expenditures made by the grantee
during the grant period. Documentation of expenditures against the program will be reviewed and verified upon receipt by DEM staff. Acceptable
documentation includes copies of purchase orders and paid vouchers, paid invoices or cancelled checks,payroll vouchers,journal transfers,etc.
These documents should be submitted when requesting reimbursement.
3 In order to document hours worked on the program by permanent or temporary staff,the grantee may use its own time and attendance forms. A
Staffing Detail Worksheet is also required to identify positions being funded by the agreement.
4. All claims for reimbursement of expenditures must be submitted on the approved DEM Quarterly Financial Reporting forms. Claims not submitted
on the proper form, cannot be processed and will be returned for corrections Forms must be submitted with original signatures
IF YOU WISH TO OBTAIN THESE FORMS ELECTONICALLY,PLEASE FIND THEM ON OUR WEBSITE AT
http://www.floridadisaster.org/grants/index.htm OR NOTIFY YOUR CONTRACT MANAGER
102
Il
DIVISION.01
• GEMENT
�NER9EN.C-Y-'MANAGEMENT,;PREPAREDNESS,A�ND;ASSIS ANdt!-b'KANT -
R-TERLY:f.lt,,?k -R
'OUA
NCIAL EPORT
GRANTEE: Claim#
County Name:
Address: (Select the quarter of submission)
QUARTERLY REPORTING DUE DATES
July I —September 30—Due no later than October 31
Point of Contact: October 1—December 31-Due no later than January 31
Telephone M January I—March 31—Due no later than April 30
AGREEMENT# April I-June 30—Due no later than July 31
CUMULATIVE TOTAL ALLOCATED CURRENT CLAIM REMAINING BALANCE
1 Salary and Benefits
2. Other Personal/Contractual Services
3. Expenses
4. Operating Capital Outlay(OCO)
5. Fixed Capital Outlay(FCO)
TOTAL
TOTAL AMOUNT TO BE PAID ON THIS INVOICE
I hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement.
Signed:
Grantee Contract Manager or Financial Officer Date
X�3
Ii,lkt, 1"N --QUARTERLY�:STATUVREP, 4T�
A
This information bel is required EACH QUARTER.'This information MUST be clearly linked
to the project TIMELINE, DELIVERABLES AND SCOPE OF WORK.
Report event,progress,delays,etc.,that pertain to this project(i.e., incidents,activities, meetings,reporting training and/or exercises)
(Attach additional page(s)if needed.)
THIS SECTION BELOW IS TO BE COMPLETED BY DEM WITH EACH QUARTERLY FINANCIAL PAYMENT
Total EMPA(State)Amount
Prior Payments
This Payment
Unexpended Funds
103
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE PROGRAM
Form 2
DETAIL OF CLAIMS
1.SALARIES AND BENEFITS COSTS
County Costs.Incurred During the Period of:, to Claim Number:
Name of Employees Job Title % of Time Salary$Charged Fringe Benefits$
Charged to to this Grant Charged to this Grant
this Grant
TOTALS $0.00
$0.00
Total Salaries and Benefits Charged to this Grant
$0.00
0
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE PROGRAM
Form 3
2.-5. DETAIL OF CLAIMS
CATEGORY#
(Please use•only one form per category. Pick from 2.-5:)
2. Other Personal/Contractual Services (OPS)
3. Expenses
4. Operating Capital Outlay(OCO)
5. Fixed Capital Outlay(FCO)
County: Costs Incurred During the Period of* to Claim Number:_
Vendor Briefly Describe Services Provided for EM Date Received/ Date Paid Check Amount
Date of Services Number
Total
$0.00
0
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT-EMPA BASE GRANT
LOCAL EMERGENCY MANAGEMENT BUDGET
Form 4
County Reduction in
County Reduction in Contribution County Budget
Contribution , County Budget (%)Based on (%)Based on
2014-2015 2013-2014 2012-2013 Average of 3 '(%)Based on`3 (%)Based.on 3 -Previous Year Previous Year
County LOCAL LOCAL LOCAL years year.average year.average Budget(13-14) Budget(13-14) Comments
(10/1/14-9/30/15) (10/1/13-9/30/14) (10/1/12-9/30/13)
$0 #DIV/0! #DIV/0! #DIV/0! #DIV/0!
This form is to be completed and sent along with the signed agreements for execution. Required with this form the county needs to provide a copy of the current
Emergency Management Local Budget(General Revenue).
27P-19.011 Match Requirements.
(1)Base Grants shall be matched at an amount either equal to the average of the previous three years'level of county general revenue funding of the County Emergency Management Agency or the
level of funding for the County Emergency Management Agency for the last fiscal year,whichever figure is lower.County general revenue funding for 911 services,emergency medical services,law
enforcement,criminal justice,public works or other services outside the emergency management responsibilities assigned to the County Emergency Management Agency by Section 252.38, Florida
Statutes,shall not be included in determining the"level of county funding of the County Emergency Management Agency."Each county shall certify compliance with this rule chapter and this rule,as
a condition precedent to receipt of funding.
(2)If the Base Grant recipient demonstrates that exceptional financial circumstances prevent the Base Grant recipient from complying with the match requirements in subsection 27P-19.011(1),
F.A.C.,then the Base Grant recipient may request that the Division authorize a reduction in the amount of match required.The match required shall not be reduced by a percentage amount in
excess of reductions in funding for county 911 services,emergency medical services,law enforcement,criminal justice,public works or other emergency management related services,and shall not
be reduced below twenty-five(25)percent of the Base Grant award.To be eligible for any reduction,the Base Grant recipient shall demonstrate and certify that the reduction is due to reductions in
county general revenue funding and that the amount of the requested reduction is equivalent to across the board reductions in all county budgets.County requests for reduction shall be signed by
the county's chief elected officer and the certification of reduction in county budget funding shall be signed by the county's chief financial officer.Requests shall certify the intent to return to pre-
reduced funding as soon as practicable,and shall provide an estimate of the date at which the county will return to the current level of funding.Requests for reduction shall also be accompanied by
financial data for the previous three years indicating:the level of county funding for the County Emergency Management Agency budget;budget detail regarding all individual items of the County
Emergency Management Agency budget;and the proposed level of funding,for all budget items,if the reduction is authorized by the Division.All requests for match reduction shall be submitted no
later than forty-five(45)days prior to the beginning of the county fiscal year,or the opportunity to request shall be waived.
O
County
COUNTY EMERGENCY MANAGEMENT AGENCY
ANTICIPATED SALARIES& BENEFITS
STAFFING DETAIL
Form 5
FY 2015-2016
LOCAL STATE/FEDERAL
A rox.#of Annual % % % % % °
PP /o
Hrs./Week Total Salaries County Other EMPA EMPG Hazardous Materials Other ='w Total
0
;.
Devoted to &Benefits$ General Fund Local Base Grant Base Grant Planning Grant State or Federal , : -AII_': '
Name 8:Position Title EM Activities by Position (Local) Funds (State) (Federal) (State) Funds Fundsa
1 2 3 45 6 8 g ? .:'j p '
f'L�'',t.vy•
DIRECTIONS:
1. In column 1,list titles of ALL Emergency Management Agency staff,regardless of funding.
2. Complete column 2 for each position.
3. In column 3 list total anticipated annual amount of Salaries and Benefits to be paid for each position.
4 In columns 4-9,provide the funding distribution(%)in each applicable column for amounts in column 3
5. Column 10 is the sum of columns 4 through 9 and must equal 100%.
O
J
NOTE: THIS SUMMARY MUST BE DEVELOPED AND SIGNED BY AN OFFICIAL OF THE COUNTY'S FINANCE OFFICE
COUNTY
COUNTY EMERGENCY MANAGEMENT AGENCY EXPENDITURES
HISTORICAL SUMMARY BY EXPENDITURES FOR AGREEMENT PERIOD 2014-2015
.(Dates: July 1,2014_-June 30,2015)
FORM 6
LOCAL STATE/FEDERAL TOTAL
County General Fund Other Local Funds��.''F''� x' - y�+4 State Portion of EMPA Federal Portion of Hazardous Materials Other State OR Federal d?otat8tate",andlor.�' Totel�County�EM Agency
(Local) , atv:,�';`� a �'•'i"�n„f"% i Base Grant EMPG ease Grant Planning Grant(state) Funds ^`'%,�y Fidonl'F,unAi�4•. t^,: 'S��Furidlnp,.
Expenditure Categories �';'k'N� , � y,2�yd+a:1+".h �'S`r S ',cah�+"
a +•.a:'.wifMc R:_,'tn.d a j..y% : .k
M .�M�.�aswu�,$: �.,<F r..,s....-Y+�•:5,�: yF.. :a
fri�'SG `x�' 'y�i�^..:.�v`k�»:': ^' ':•1?„' yf�;;.:i'I - ”
1. Salaries B Benefits 1 ��,,r ¢ti: ; `^+: .i ? ,'4:,y,.2� A
Y"'_ ,y -.�:j:M•''a't11+""4' ,-",ti �tih" r,';^:.«„ r'M•�.;
,,FF ,4 Yi':y r ,tb •1
;. Other PereonoVContraetual Ser. l``^�',�'�'!)C`�'Y't%�� .,f ?l`rr•�, ,! ;,�H :x^;, ;+;, . •
J. Expenses .
t•,. •
X.
4. Operating Capital Outlay z
,
,
f� �3 i'°� 1��n'iP C'': fid•
S.Fixed Capital Outlay :n9:y�� .,r v��i.�x'iF';'„ r.� .u1. .,,y.'�;; ;',." }.. ;�•.,
f f - s - s - f f+,:{7'a41, •,.t+i-r'�, f�. :3;:. -.
Total Expenditures .:�SG'i •s:J`.n Vie♦ ';�-tu. q;," :;�{•F
Amount of funds provided as match for Federal portion of grant(EMPG) $
Local/Slate/Other
Federal funds under the EMPG agreement shall be matched dollar for dollar from non-federal funds(example:EMPA,Local,etc...)
I hereby certify that the above figures represent the actual funding source for the Emergency Management Agency for Fiscal Year 2013-2014 and does not Include disaster-related
response or recovery costs nor any other costs Incurred by other Departments.
Signed
Title
Date
AGREEMENT PERIOD 2014-2015-This will consist of the last quarter of the county's fiscal year 2013-2014 and the first three quarters of the county's fiscal year 2014-2015
O
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee,Florida 32399-2100
i
Emergency Management Preparedness and Assistance Grant Program
Form 7
Close-Out Report
This form should be completed and submitted to the Division no later than forty-five(45)days after the termination date of
the Agreement.
Grantee Agreement No.
Address Agreement Amount
City and State Agreement Period I
Payments Received Under this Agreement
(Include any advanced funds and final requested payment)
By Category-Total Contract
Cost Categories' Expenditures Date Amount
Salary and Benefits
1
Other Personal/Contractual
Services
2
Expenses
3
Operating Capital Outlay
(Equipment)
4
Fixed Capital Outlay
5
Total
$0.00 Total 6 $0.00
Agreement Amount
i
Minus Total Payments
(Including final requested funds—Line 6)
i
Unspent balance
Refund and/or final Interest checks are due no later than ninety
(90)days after the expiration of the Agreement.
Make checks payable to:
Cashier,Division of Emergency Management
I hereby certify that the above costs are true and valid costs incurred In
accordance with this Agreement.
Mail To:
Division of Emergency Management Signed
2555 Shumard Oak Boulevard Grantee Contract Manager or Financial Officer
Tallahassee,Florida 32399.2100
Attn: (contract manager) Date
109
Form 8
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT ,
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE BASE GRANT PROGRAM
I
EXPENDITURE CATEGORY DEFINITIONS
1 SALARY AND BENEFITS:
The cash compensation for services rendered by a. regular employee in an established position for a
specific period of time.
2 OTHER PERSONAL/CONTRACTUAL SERVICES (OPS):
The compensation for services by a person who is not a regular or full-time employee filling an
established position. This shall include but not be limited to, temporary employees, student or
graduate assistants, fellowships, part time academic employment, board members, consultants, and
other services specifically budgeted by each agency in this category.
3 EXPENSES:
The usual, ordinary, and incidental expenditures by an agency, including, but not limited to,
commodities and supplies of a consumable nature, current obligations, and fixed charges, and
excluding expenditures classified as operating capital outlay. Payments to other funds or local, state,
or federal agencies are included in this budget classification of expenditures.
4 OPERATING CAPITAL OUTLAY:
Equipment, fixtures and other tangible personal property of a non-consumable nature and has a
normal expected life of one year or more.
5 FIXED CAPITAL OUTLAY:
Real property(land, buildings including appurtenances, fixtures and fixed equipment, structures, etc.),
including additions, replacements, major repairs, and renovations to real property which materially
extend its useful life or materially improve or change its functional use, and including operating capital
outlay necessary to furnish and operate a new or improved facility.
1101
i
I
- - DIVISION,OF',EMERGENCY'MANAGEMENT
_ - r,:..
r ',EME��GENCY,NiANAdE thTN �ORERAREDNESS ANDAASSISTANCE-GRANT` -
_ .� ,t .,;- _ _ .;- _EMPA=BASE-GRANT;�--
IJART�
i•- x:
f=1NANCIAL'REPO
GRANTEE: Claim#
County Name:
Address:
(Select the quarter of submission)
QUARTERLY REPORTING DUE DATES
July 1 -September 30-Due no later than October 31
Point of Contact: October 1-December 31-Due no later than January 31
Telephone#: January 1-March 31-Due no later than April 30
AGREEMENT#
April 1-June 30-Due no later than Jury 31
S
, .U.-I-R...E.�D.W..DOC..U.M.�E_N-aTs,A��.NkD_.MU:SST�i.B...E.=-S.•2UB:[.A1I.T.T._i.LED•:�.`-QUART. 5 :;iX-5E::-tR..n'�LrY_t�•`-v',.t-3-�:.'+'t,i�c.;�+y.}i•K•`.i,.:;'.-.'�r.a.4-.Jh r3�.'."J-..:";,ro,=,."..�_:
'L
�
I
CUMULATIVE TOTAL ALLOCATED CURRENT CLAIM REMAINING BALANCE j
1 Salary and Benefits
2. Other Personal/Contractual Services
3. Expenses
4.Operating Capital Outlay OCO
5. Fixed Capital Outlay FCO
EMAP
TOTAL
1
TOTAL AMOUNT TO BE PAID ON THIS INVOICE
i
I hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement.
I
Signed:
Grantee Contract Manager or Financial Officer Date i
t'.^
_,�-a:Y^.tx�-,,y
�• ��: - }x- = .xs- L1t��STATI'JSREFORT:;. _t„>..�:u,:�,��,- �,;.,: .€f< •'���':
.�_.._ _, -�'?�';..[i._...rv6r:�i...�3�i1-�. .r_•:i; ....,-,n�;.>r:. _ 3.s-r Z. fir,,
�`- :.�__^• _ - ,:.c'r.`��:.a:. •.4�•:�.i,��•:H .,>:Lrr.•_-'x'sc -;::'-�.'':�ti'.S..-x {,s`_`.;<`�'� �?�y27�i`,�::
.?�.:r..'.:.ai;y' �3-.S.Y�3�.�!_^52s,•�i. :Ait�ef.•:t..,.4�.,....:_,.r�.iNi
This information below is required EACH QUARTER. This+information MUST be clearly linked
to the project TIMELINE, DELIVERABLES AND SCOPE OF WORK.
Report event,progress,delays,etc.,that pertain to this project(i.e.,incidents,activities,meetings,reporting training and/or exercises)
1
I
(Attach additional page(s)if needed.)
?:�': t-. ,-., .':L. _..__ -''Z",."• a.•2 Y; � ,� }c'.f._, r�.,+_.a. - �'=Y .^t�.-�. - .+,t cY�.._ _ `�'-�i�t;;.t... $ter:
_ _*'�i'-. t-� .. 'i, ,KY"' ,. _ .. . [.'�•%'_'>�z^� :icy �} _.:�..
THIS SECTION BELOW IS TO BE COMPLETED BY DEM WITH EACH QUARTERLY FINANCIAL PAYMENT
Total EMPA(State)Amount
Prior Payments
This Payment
Unexpended Funds
111�j
I
NOTE: THIS SUMMARY MUST BE DEVELOPED AND SIGNED BY AN OFFICIAL OF THE COUNTY'S FINANCE OFFICE
COUNTY
COUNTY EMERGENCY MANAGEMENT AGENCY EXPENDITURES
HISTORICAL SUMMARY BY EXPENDITURES FOR AGREEMENT,PERIOD 201,4-20,15
(Dates: July 1,2014-June 30,20151'
FORM 6
LOCAL STATEIFEDERAL r TOTAL
County General Fund •;.{'.-t ,t':?'•,,T' �; ,; State Portion of EMPA Federal Portion o1 Hazardous Materials Other State OR Federal ,Tont9gte anNor �'i f Total Cou'My,EM Agan.
Other Local Funds i.;�•, laealyj
Expenditure Categories (Local) _t,,,•,P:.y ;.�•• Base Grant EMPG Base Grant Planning Grant(state) Funds ;,F;"I,Fundi�,'�!' Fundipg
a ):•4 ••'Iaibac+- ,I a d.a.f' .;h. ',k 'csh
',*„�ry.•'•7•-y 1.....L�t`.AYS"''t'' r Nf Y '�".�:T�u'T• i
1.Salaries 6 Benefits ';'Y''`7 's••e�W'•''.', "]! :�';i. '
2.Other Personaitcontractual Ser. `'r"•'•-i
.rS •J
3.Expanses _ �U•T `ta± 3 ,�: e
4 +•,.'
: w;�Yf;rY;r;;:.•.r,�)E,'�;:�' cf{._-.r ".� !4 Y.f";-• _.
1.Operating CaPltal Outlay s'•. •�i' c �r _
S.Fixed Capital Outlay `•�i'=i`t.i?.' :•t t >. •�
EMAP -,m:!� �;Yrt., ''d _ .J'w•I — - _.r
f - f - fF'�;n:..§q •.w%+r _ 'Yn,.,w Via..Y"' I•.i�� �•�+
1 kEi.%' ;5;'r'�; ;.t.•i. f f f f •. r `,..,�a'f7
Total Expenditures f94f... "•�'""•+�{�
Amount of funds provided as match for Federal portion of grant(EMPG) $
Local/State/Other
Federal funds under the EMPG agreement shall be matched dollar for dollar from non-federal funds(example:EMPA,Local,etc...I
I hereby certify that the above figures represent the actual funding source for the Emergency Management Agency for Fiscal Year 2013-2014 and does not Include disaster-related
response or recovery costs nor any other costs Incurred by other Departments.
Signed
Title
Date
AGREEMENT PERIOD 2014-2015-This will consist of the last quarter of the county's fiscal year 2013-2014 and the first three quarters of the county's fiscal year 2014-2015
i
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Emergency Management Preparedness and Assistance Grant Program
Form 7
Close-Out Report
This form should be completed and submitted to the Division no later than forty-five(45)days after the termination date of
the Agreement.
Grantee Agreement No.
Address Agreement Amount
City and State Agreement Period
Payments Received Under this Agreement
(Include any advanced funds and final requested payment)
by
Category-Total ontra
Cost Categories Expenditures Date Amount
Salary and Benefits
1
Other Personal/Contractual
Services
2
Expenses
3
Operating Capital Outlay
(Equipment)
4
Fixed Capital Outlay
5 �
EMAP
6
Total
$0.00 Total 7 $0.00
i
Agreement Amount
Minus Total Payments
(Including final requested funds—Line 7)
Unspent balance
Refund and/or final Interest checks are due no later than ninety
(90)days after the expiration of the Agreement.
Make checks payable to:
Cashier,Division of Emergency Management
I hereby certify that the above costs are true and valid costs Incurred in
accordance with this Agreement. I
Mail To:
Division of Emergency Management Signed
2555 Shumard Oak Boulevard Grantee Contract Manager or Financial Officer
Tallahassee,Florida 32399-2100
Attn: (contract manager) Date
113
costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget I
and Scope of Work -Attachment A-and all other applicable laws and regulations
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Division, its employees, and agents. "Reasonable"shall ordinarily mean during normal business
hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents"shall include, but not be
limited to, auditors retained by the Division.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at reasonable times for inspection, review, or audit
by state personnel and other personnel authorized by the Division "Reasonable"shall ordinarily mean
normal business hours of 8:00 a.m to 5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall provide the Division with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this !
Agreement.
(d) If the Recipient is a State or local government or a non-profit organization as defined
in 2 C.F.R. Part 200, and in the event that the Recipient expends$750,000 or more in Federal awards in
its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with
the provisions of 2 C.F.R. Part 200. EXHIBIT 1 to this Agreement shows the Federal resources awarded
through the Division by this Agreement. In determining the Federal awards expended in its fiscal year,
the Recipient shall consider all sources of Federal awards, including Federal resources received from the
Division. The determination of amounts of Federal awards expended should be in accordance with the
guidelines established by 2 C.F.R. Part 200 An audit of the Recipient conducted by the Auditor General
in accordance with the provisions of 2 C.F R. Part 200, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6(d)above, the Recipient
shall fulfill the requirements for auditee responsibilities as provided in 2 C.F.R. Part 200.
If the Recipient expends less than$750,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of 2 C.F.R. Part 200, as revised, is not required In the
event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to
have an audit conducted in accordance with the provisions of 2 C.F.R. Part 200, as revised, the cost of
the audit must be paid from non-Federal funds.
(e) Send copies of reporting packages for audits conducted in accordance with 2 C.F.R.
Part 200 and required by subparagraph (d) above, by or on behalf of the Recipient to:
The Division at the following address:
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
OR
DEMSingle Audit@em myflorida.com
Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by
submission online at
hftp://harvester.census.gov/fac/collect/ddeindex.html
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And to any other Federal agencies and pass-through entities in accordance with 2 C.F.R. Part 200.
(f) Pursuant to 2 C.F.R. Part 200 and any management letter issued by the auditor, to
the Division at the following address:
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
OR
DEMSingle_Audit@em.myfiorida.com
(g) By the date due, send any reports, management letter, or other information required
to be submitted to the Division pursuant to this Agreement in accordance with 2 CY R. Part 200, Florida
Statutes, and Chapters 10.550 (local governmental entities)or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, as applicable.
(h) Recipients should state the date that the reporting package was delivered to the
Recipient when submitting financial reporting packages to the Division for audits done in accordance with
2 C.F.R. Part 200 or Chapters 10.550 (local governmental entities)or 10.650(nonprofit and for-profit
organizations), Rules of the Auditor General,
(i) If the audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to
the Division of all funds not spent in accordance with these applicable regulations and Agreement
provisions within thirty days after the Division has notified the Recipient of such non-compliance
0) The Recipient shall have all audits completed by an independent certified public
accountant(IPA), either a certified public accountant or a public accountant licensed under Chapter 473,
Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The
audit must be received by the Division no later than nine months from the end of the Recipient's fiscal
year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close-out report.
These reports shall include the current status and progress by the Recipient and all subrecipients and
subcontractors in completing the work described in the Scope of Work and the expenditure of funds under
this Agreement, in addition to any other information requested by the Division.
(b) Quarterly reports are due to the Division no later than 30 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are September 30, December 31
March 31 and June 30.
(c) The close-out report is due 60 days after termination of this Agreement or 60 days
after completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Division or are not completed in a
,manner acceptable to the Division, the Division may withhold further payments until they are completed or
may take other action as stated in Paragraph (11) REMEDIES "Acceptable to the Division"means that
the work product was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be
required by the Division.
(f) The Recipient shall provide additional reports and information identified in Attachment
E.
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(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that
time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished
within the specified time periods, and other performance goals are being achieved. A review shall be
done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring
procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or
other procedures. The Recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Division. In the event that the Division determines that
a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional
instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees
to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the
Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance
and financial management by the Recipient throughout the contract term to ensure timely completion of
all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this '
Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performance under this Agreement. For purposes of this Agreement,.Recipient
agrees that it is not an employee or agent of the Division, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28,
Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in
claims or suits against the Division, and agrees to be liable for any damages proximately caused by the
acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve
as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies Nothing herein
shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of any contract.
(10) DEFAULT.
If any of the following events occur("Events of Default'), all obligations on the part of the
Division to make further payment of funds shall, if the Division elects, terminate and the Division has the
option to exercise any of its remedies set forth in Paragraph (11) However, the Division may make
payments or partial payments after any Events of Default without waiving the right to exercise such
remedies, and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient
fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous
agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its
obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any
time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty
days from the date written notice is sent by the Division.
(c) If any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(11) REMEDIES.
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If an Event of Default occurs, then the Division shall, after thirty calendar days written
notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one
or more of the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days
prior written notice of the termination. The notice shall be effective when placed in the United States, first
class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in
paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds.
(e) Exercise any corrective or remedial actions, to include but not be limited to:
1. request additional information from the Recipient to determine the reasons for
or the extent of non-compliance or lack of performance,
2. issue a written warning to advise that more serious measures may be taken if
the situation is not corrected,
3. advise the Recipient to suspend, discontinue or refrain from incurring costs for
any activities in question or
4. require the Recipient to reimburse the Division for the amount of costs incurred
for any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under law
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive
any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient.
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause after thirty days written notice
Cause can include misuse of funds,fraud, lack of compliance with applicable rules, laws and regulations, j
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of '
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the
Division because of any breach of Agreement by the Recipient. The Division may, to the extent
authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of
damages due the Division from the Recipient is determined.
(13) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at
the address below, and this notification attached to the original of this Agreement.
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(b) The name and address of the Division contract manager for this Agreement is.
Teresa A. Warner
Florida Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone. 850-922-1637
Fax: 850-488-7842
Email: teresa.warneraem.mvflorida.com
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
John Kinq
4225 431d Ave.
Vero Beach, FL 32967
Telephone. 772-567-2154
Fax: 772-5679323
Email. iking(&ircgov.com
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided as outlined in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the
unsigned subcontract must be forwarded to the Division for review and approval before it is executed by
the Recipient. The Recipient agrees to include in the subcontract that (i)the subcontractor is bound by
the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal laws and
regulations, and (iii)the subcontractor shall hold the Division and Recipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement, to the
extent allowed and required by law The Recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A— Program Budget
Attachment B—Scope of Work
Attachment C— Program Goals
Attachment D— Deliverables
Attachment E— Reports
Attachment F— Program Statutes, Regulations and Special Conditions
Attachment G—Justification of Advance Payment
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Attachment H—Warranties and Representations
Attachment I—Certification Regarding Debarment
Attachment J—Statement of Assurances
Attachment K—Reporting Forms
(17) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed$76,908.00,
subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to Section 216.181(16),
Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph
(12)(b)of this Agreement. The amount which maybe advanced may not exceed the expected cash
needs of the Recipient within the first three(3) months of the contract term For a federally funded
contract, any advance payment is also subject to federal 2 C.F R. Part 200 and the Cash Management
Improvement Act of 1990. All advances are required to be held in an interest-bearing account. If an
advance payment is requested,the budget data on which the request is based and a justification
statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of
advance payment needed and provide an explanation of the necessity for and proposed use of these
funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the
submittal of a request for advanced payment.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(d) Invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the project or services. Invoices shall be accompanied by a statement
signed and dated by an authorized representative of the Recipient certifying that"all disbursements made
in accordance with conditions of the Division agreement and payment is due and has not been previously
requested for these amounts." The supporting documentation must comply with the documentation
requirements of applicable in 2 C.F.R. Part 200 The final invoice shall be submitted within sixty(60)days
after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal
of quarterly invoices shall be submitted to the Division contract manager as part of the Recipient's
quarterly reporting as referenced in Paragraph 7 of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or
under subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to make any
further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty
days of receiving notice from the Division.
All funds received hereunder shall be placed in an account with a separate account code
identifier for tracking all deposits, expenditures and interest earned. Funds disbursed to the Recipient by
the Division that are not expended in implementing this program shall be returned to the Division, along
with any interest earned on all funds received under this Agreement, within ninety (90) days of the
expiration of the award Agreement.
The Recipient shall comply with all applicable procurement rules and regulations in securing
goods and services to implement the Scope of Work. Whenever required by law or otherwise permitted,
the Recipient shall utilize competitive procurement practices.
Allowable costs shall be determined in accordance with applicable Office of Management and
Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST
PRINCIPLES AND PROCEDURES.
Any requests received after July 31, 2016, at the discretion of the Division, may not be
reimbursed from this Agreement.
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This agreement may be renewed, at the Division's sole discretion, for a period that may not
exceed three years or the term of the original Agreement, whichever period is longer, specifying the
renewed price and subject to the availability of funds Pursuant to Section 287.057(13), Florida Statutes,
exceptional purchase contracts pursuant to Section 287 057(3)(a) and (c), may not be renewed.
Federal funds provided under this Agreement shall be matched by the Recipient dollar for
dollar from non-federal funds.
All payments relating to the Agreement shall be mailed to the following address
Attn: Finance Dept.
Indian River County
1801 271h Street
Vero Beach, FL 32960
(18) REPAYMENTS
All refunds or repayments due.to the Division under this Agreement are to be made payable to
the order of"Division of Emergency Management", and mailed directly to the following address.
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215 34(2), Fla. Stat., if a check or other draft is returned to the Division for
collection, Recipient shall pay the Division a service fee of$15.00 or 5% of the face amount of the
returned check or draft, whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials is incorporated by
reference The inaccuracy of the submissions or any material changes shall, at the option of the Division
and with thirty days written notice to the Recipient, cause the termination of this Agreement and the
release of the Division from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act(Public Law
101-336, 42 U S C Section 12101 et secO, which prohibits discrimination by public and private entities on
the basis of disability in employment, public accommodations, transportation, State and local government
services, and telecommunications.
8
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(f) Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of$25,000 00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives
funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief,
that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public(federal, state or local)transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3 are not presently indicted or otherwise criminally or civilly charged by a
governmental entity(federal, state or local)with commission of any offenses enumerated in paragraph
19(g)2. of this certification; and
4 have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local)terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition,the Recipient shall send to the Division (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary
Exclusion" (Attachment I)for each intended subcontractor which Recipient plans to fund under
this Agreement. The form must be received by the Division before the Recipient enters into a
contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof.
Q) Any bills for travel expenses shall be submitted in accordance with Section
112.061(14)(a), Fla. Stat. The provisions of any special or local law, present or future, shall prevail over
any conflicting provisions in this section, but only to the extent of the conflict. '
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient
refuses to allow public access to all documents, papers, letters or other material subject to the provisions
of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement.
(1) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
(m) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.0 Section 1324a(e) [Section 274A(e)of the Immigration and Nationality Act
("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
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of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division.
(n) The Recipient is subject to Florida's Government in the Sunshine Law(Section
286.011, Fla. Stat. with respect to the meetings of the Recipient's governing board or the meetings of
any subcommittee making recommendations to the governing board. All of these meetings shall be
publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available
to the public in accordance with Chapter 119, Fla. Stat.
(o) All unmanufactured and manufactured articles, materials and supplies which are
acquired for public use under this Agreement must have been produced in the United States as required
under 41 U.S C. 10a, unless it would not be in the public interest or unreasonable in cost.
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf
of the Recipient, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete
and submit Standard Form-LLL, "Disclosure of Lobbying Activities."
3. The Recipient shall require that this certification be included in the award
documents for all subawards(including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not
more than $100,000 for each such failure.
(21) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF i
FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all
rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. f
(b) If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
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material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in i
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is disclosed Failure to disclose will indicate that no such property
exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which
accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
(23) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment H.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT:
INDIAN RIVER COUNTY
APPROVED
By:
Name and title: Wesley S. Davis. Chairman
i
Date: N '
FID# 59-6000674 1
�untvAistrator
DUNS# 079208989
STATE OF FLORIDA
DIVISION OF EMERGENCY MANGEMENT Attest: Jeffrey R. Smith, Clerk of
Court and Comptroller
By:
Name and Title. Bryan Koon, Director By:
Deputy Clerk
Date:
I
APPROVED AS TO FORM
AND � SU .Ft N
8Y
WILLIAM K.D[QFLAAL
OFFUTY COUNTY ATTORNEY
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EXHIBIT—1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT
NOTE: If the resources awarded to the Recipient are from more than one Federal program, provide the
same information shown below for each Federal program and show total Federal resources awarded.
Federal Program
Federal agency- U.S. Department of Homeland Security/Federal Emergency Management Agency
Catalog of Federal Domestic Assistance title and number: Emergency Management Performance Grant#
97.042
Award amount: $ 76,908 00
FAIN#
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
Chapter 252, Florida Statutes
Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code
44 CFR, Part 302
48 CFR, Part 31
2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards
NOTE:If the resources awarded to the Recipient represent more than one Federal program, list
applicable compliance requirements for each Federal program in the same manner as shown below.
Federal Program:
List applicable compliance requirements as follows:
1. Recipient is to use funding to perform eligible activities as identified in the United States
Department of Homeland Security, Federal Emergency Management Agency, National
Preparedness Directorate, Fiscal Year 2015 Emergency Management Performance Grants
Program.
2. Recipient is subject to all administrative and financial requirements as set forth in this Agreement,
or will be in violation of the terms of the Agreement.
NOTE: 2 C F R. Part 200 and Section 215 97(5)(a), Florida Statutes, require that the information about
Federal Programs and State Projects included in Exhibit 1 be provided to the Recipient.
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Attachment A
Program Budget
• Funding from the Emergency Management Performance Grant is intended for use by the Recipient to
perform eligible activities as identified in the United States Department of Homeland Security, Federal
Emergency Management Agency, Fiscal Year 2015 Emergency Management Performance
Grants Program and programs that are consistent with Title 44, 2 C F R. Part 200,.State Rule
Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes)
• The transfer of funds between the categories listed in the Program Budget is permitted
• Below is a general budget which outlines eligible categories and their allocation under this award
:`t-�''. '� ,}�y-y�_�g�7S•;di�;;r�S'. ;'..=v r'g•_'ia;�`m � A:X._ ,y __°•�tyr."ti':F :'-`'"'` ..,�z r}_. err: -' =''�'' :3C.,-`.• �'a,��n�-
•� t{{yy ..fit;;:;___.3-�",•;.- '�` `�,.��
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wy cw-
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:�?c'.s.=-ik'• - :;.�.z.' :,"g_ h=' •,<- :_�'`-.`:i.xr_.-: 'fi;�y :u."ffi4'tit+�•ha^ :u.,!> i. -•1 rte- �.3r..=. = [.� -....•......:< =;Lc-tas
Organizational Expenditures 69,765.00
FY 2015—Emergency Planning Expenditures
Management Performance INDIAN RIVER COUNTY
Grants Program
Training Expenditures
Exercise Expenditures
Equipment Expenditures 7,143.00
Management and Administration
Expenditures (no greater than 5%)
_- =Total_Aw"'ard''=
$-7
6 908.
.t^ ��.•�`.� _ _+.s:." � -t< _- '�._-';`����•_ rrn�'-- - •�+:cT% - - °_i' ,a. - 'fie ,�-.' ..`_"ac-- y'=4
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Federally funded projects must be competitively solicited offering open competition. Piggy-backing off
existing agreements is not allowed unless justified by additional quotes demonstrating cost benefit of
contract vendor This includes the use of State Term Contracts (STC), State Alternate Contract Sources
(ACS), General Services Administration (GSA) contracts, and local agreements. Each award under this
grant is a 'new' project and must be competitively awarded. FDEM requires suspension and debarment
forms for each vendor and justification of vendor selection FDEM must pre-approve all scopes of work
for projects funded under this agreement. FDEM may at its discretion require solicitation documents and
responses.
I. Categories and Eligible Activities
The 2015 Emergency Management Performance Grants.(EMPG) Program Guidance allowable costs are
divided into the following categories: organizational, planning, training, exercise,equipment, and
management and administration.
A. Organization
The quarterly minimum acceptable standard is to have the qualified staffing level for the county based
upon Rules 27P-11.004 and 27P-11.0061 (definition below). Each Emergency Management staff person
must be available to work the number of hours and assume.the responsibilities for the duties in their
official position description as well as provide the coordination and support for all incidents within the
jurisdiction on a 24 hour basis.
Per the Robert T Stafford Disaster Relief and Emergency Assistance Act, as amended,42 U.S.C. 5121-
5207, EMPG Program funds may be used for all-hazards emergency management operations, staffing,
and other day-to-day activities in support of emergency management.
Personnel costs, including salary, overtime, compensatory time off, and associated fringe benefits are
allowable costs with FY 2015 EMPG Program funds. These costs must comply with 2 C F R. Part 200.
Personnel costs 27P-11.004, 27P-11 0061
(1) Counties with populations of 75,000 or more must have a full time emergency management
director Counties with populations of less than 75,000 or party to an interjurisdictional emergency
management agreement entered into pursuant to Section 252.38(3)(b), F.S , that is recognized by the
Governor by executive order or rule, are encouraged to have a full time director, but, must, as a
minimum, have an emergency management coordinator who works at least 20 hours a week in that
capacity "Full-time Emergency Management Directors means a single professional emergency
management program Administrator working full-time as identified in the position description
established by the governing body of the jurisdiction.
(2) The county must have an emergency management program which has been approved by the
Division of Emergency Management. Program approval will require. compliance with appropriate
federal and state laws, rules and regulations; satisfactory completion of work elements of the previous
year; and, a current proposal containing work elements commensurate with the needs of that county
and a proposed budget. Eligible County Emergency Management Agencies in the state shall be
allocated annual Federal Emergency Management Agency (FEMA) Emergency Management
Performance Grant (EMPG) funding based on the following factors: an amount initially allocated to
the county under its Fiscal Year 1994-95 Emergency Management Assistance agreement with the
Division of Emergency Management (Division), a base amount distributed equally to each county and
an amount commensurate with each county's proportionate share of the state's total population
based on the most recent official population estimates. These amounts shall be increased or
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decreased to reflect additions or reductions in the availability of FEMA EMPG funds to the Division 1
and the Division's distribution of funds to local governments After providing for the initial allocation
and the base amount allocation as described above, each county's increase or decrease shall be
commensurate with its proportionate share of the state's total population based on the most recent
official population estimates Federal funds shall be used by the county for personnel, travel and
operational expenses. Each county must be able to provide a non-federal match for federal funds on
a dollar for dollar basis
The Staffing Detail and Exercise Detail Form (Form 3) are due every quarter with your quarterly financial
report(for EMPG funded employees only). This is to identify all EMPG funded employees, the completion
of required training (or working towards completion) and the required amount of exercises during the
agreement period.
Eligible"Organization" items include, but are not limited to:
• Utility(electric, water and sewage) and Telephone Bills (landlines, cellular, and satellite)
• Internet Service
• Maintenance Agreements for equipment or services (reimbursement can only be claimed for services
within the Agreement period)
• General Office Supplies
• Travel to/from meetings and conferences related to emergency management
• Travel to training and/or exercises related to emergency management
• Dues and Conference Travel as it relates to the Scope of Work
• Equipment(that does not require an AEL#)
• Software and upgrades
• Publications and Training Materials
• Postage
• Apparel for identification of Emergency Management Staff in the field
• Fuel for Emergency Management vehicles
• Food/Beverages for activations (must have Governor's Executive Order or a declared Local State of
Emergency or prior approval from DEM/DFS)
• Other Personal/Contractual Services
• Reimbursement for services by a person(s)who is not a regular or full time employee filling
established positions. This includes but is not limited to, temporary employees, student or
graduate assistants,fellowships, part time academic employment, board members, consultants,
and other services.
• Consultant Services require a pre-approved Contract or purchase order by the Division. Copies
of additional quotes should also be supplied when requesting pre-approval. These requests
should be sent to the Contract Manager for the Division for review.
• Fixed Capital Outlay
• Major repairs to the County Emergency Operations Center
• Central Heat/Air
• Out buildings for storage of Emergency Management Equipment(Need prior EHP approval)
• Security Improvements (i.e. Cameras and equipment to operate)
• Generators and Installation (Need prior EHP approval)
B. Planning
Planning spans across the five National Preparedness Goal (the Goal) mission areas and provides a
baseline for determining potential threats and hazards, required capabilities, required resources, and
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establishes a framework for roles and responsibilities Planning provides a methodical way to engage the
whole community in the development of a strategic, operational, and/or community-based approach to
preparedness.
FY 2015 EMPG Program funds may be used to develop or enhance emergency management planning
activities. Eligible"Planning"activities include, but not limited to.
• Providing input for data collection in THIRA development
• Development of an all-hazards mitigation plan based on identified risks and hazards
Emergency Management/Operation Plans
• Maintain/enhance current local County Emergency Management Plan (CEMP)
• Modifying existing incident management and emergency operations plans
• Developing/enhancing large-scale and catastrophic event incident plans
Communications Plans
• Developing and updating Statewide Communication Interoperability Plans
• Developing and updating Tactical Interoperability Communications Plans
Continuity/Administrative Plans
• Developing/enhancing Continuity of Operation (COOP)/Continuity of Government(COG) plans
• Developing/enhancing financial and administrative procedures for use before, during, and after
disaster events in support of a comprehensive emergency management program
Whole Community engagement/planning
• Developing/enhancing emergency operations plans to integrate citizen/volunteer and other non-
governmental organization resources and participation
• Engaging the"Whole Community" in security and emergency management is critical to achieving the
NPG
• Public education and awareness on emergency management and preparedness
• Planning to foster public-private sector partnerships
• Development or enhancement of mutual aid agreements/compacts, including required membership in
EMAC
Resource management planning
• Developing/enhancing logistics and resource management plans
• Developing/enhancing volunteer and/or donations management plans
• Acquisition of critical emergency supplies defined as: shelf stable food products, Water, and/or basic
medical supplies.Acquisition of critical emergency supplies requires each State to have FEMA's
i
approval of a viable inventory management plan; an effective distribution strategy; sustainment costs
for such an effort; and logistics expertise to avoid situations where funds are wasted because
supplies are rendered ineffective due to lack of planning.
• Supply preparation
Evacuation planning
• Developing/enhancing evacuation plans, including plans for: alerts/warning, crisis communications,
pre-positioning of equipment for areas potentially impacted by mass evacuations sheltering, and re-
entry.
Pre-disaster and post-disaster Recovery planning
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• Pre-event response/recovery/mitigation plans in coordination with State, local, and tribal governments
• Developing/enhancing other response and recovery plans
• Develop recovery plans and preparedness programs consistent with the principles and guidance in
the NDRF that will provide the foundation for recovery programs and whole-community partnerships
Preparedness and pre-disaster planning was given special attention within the NDRF with specific
guidance: Planning for a Successful Disaster Recovery(pages 63-70). For more information on the
NDRF see htto.-I www.fema.pov/pdf/recoveryframeworWndn`.pdf
F/ERO Credentialing and Validation.
• Working group meetings and conferences relating to emergency responder credentialing and
validation
• Compiling data to enter into an emergency responder repository
• Coordinating with other State, local, territorial, and tribal partners to ensure interoperability among
existing and planned credentialing and validation systems and equipment
• Planning to incorporate emergency responder identity and credential validation into training and
exercises.
C. Training
The number of participants must be adequate for each training session. Unless the recipient receives
advance written approval from FDEM for the number of participants, the Division will reduce the amount
authorized for reimbursement or a pro-rata basis for or deny the entire reimbursement. A request must
be submitted and approved by DEM no later than 25 days prior to the training session.
FY 2015 EMPG Program funds may be used for a range of emergency management-related training
activities to enhance the capabilities of local emergency management personnel through the
establishment, support, conduct, and attendance of training. Training activities shall align to a current,
Multi-Year TEP developed through an annual TEPW. Training should foster the development of a
community oriented approach to emergency management that emphasizes engagement at the
community level, strengthens best practices, and provides a path toward building sustainable resilience.
To ensure the professional development of the emergency management workforce,the grantee must
continually assess the capabilities of staff through the implementation of the MYTEP.
Additional types of training include, but are not limited to, the following:
• Developing/enhancing systems to monitor training programs
• Conducting all hazards emergency management training
• Attending Emergency Management Institute(EMI)training or delivering EMI train-the-trainer courses
• Attending other FEMA-approved emergency management training.
• Mass evacuation training at local, State, and tribal levels
Allowable training-related costs include the following:
• Funds Used to Develop, Deliver, and Evaluate Training. Includes costs related to administering the
training: planning, scheduling, facilities, materials and supplies, reproduction of materials, and
equipment. Training should provide the opportunity to demonstrate and validate skills learned, as well
as to identify any gaps in these skills Any training or training gaps, including those for children and
individuals with disabilities or access and functional needs, should be identified in the AAR/IP and
addressed in the training cycle
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• Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling
personnel, which are the direct result of attendance at FEMA and/or approved training courses and
programs are allowable These costs are allowed only to the extent the payment for such services is
in accordance with the policies of the State or unit(s) of local government and has the approval of the
State or the awarding agency, whichever is applicable In no case is dual compensation allowable
That is, an employee of a unit of government may not receive compensation from their unit or agency
of government AND from an award for a single period of time (e.g., 1*00 p m. to 5:00 p.m.), even
though such work may benefit both activities
• Travel. Travel costs (e.g , airfare, mileage, per diem, hotel) are allowable as expenses by employees
who are on travel status for official business related to approved training.
• Hiring of Full or Part-Time Staff or Contractors/Consultants. Full-or part-time staff may be hired to
support direct training-related activities Payment of salaries and fringe benefits must be in
accordance with the policies of the State or unit(s)of local government and have the approval of the
State or awarding agency, whichever is applicable.
• Certification/Recertification of Instructors Costs associated with the certification and re-certification of
instructors are allowed. States are encouraged to follow the FEMA Instructor Quality Assurance
Program to ensure a minimum level of competency and corresponding levels of evaluation of student
learning. This is particularly important for those courses which involve training of trainers.
EMPG Program funds used for training shall support the nationwide implementation of NIMS. The NIMS
Training Program establishes a national curriculum for NIMS and provides information on NIMS courses,
grantees are encouraged to place emphasis on the core competencies as defined in the NIMS Training
Program. The NIMS Training Program can be found at
http.-I www.fema.pov/pdf/emergencv/nims/nims training program pdf.
The NIMS Guideline for Credentialing of Personnel provides guidance on the national credentialing
standards. The NIMS Guidelines for Credentialing can be found at
http://www.fema.pov/pdf/emergencv/nims/nims cred guidelines report.p
D. Exercises
Exercises have essential capability for Emergency Management to be able to respond to emergencies.
All EMPG Program funded personnel are REQUIRED to participate in no less than three exercises
in a 12 month period. One real world event can count towards meeting this requirement. (see
Attachment C,#2)
Allowable exercise-related costs include.
• Funds Used to Design, Develop, Conduct and Evaluate an Exercise. This includes costs related to
planning, meeting space and other meeting costs, facilitation costs, materials and supplies,travel,
and documentation. Grantees are encouraged to use free public space/locations/facilities,whenever
available, prior to the rental of space/locations/facilities. Exercises should provide the opportunity to
demonstrate and validate skills learned, as well as to identify any gaps in these skills. Any exercise or
exercise gaps, including those for children and individuals with disabilities or access and functional
needs, should be identified in the AAR/IP and addressed in the exercise cycle.
• Hiring of Full or Part-Time Staff or Contractors/Consultants. Full-or part—time staff may be hired to
support direct exercise activities. Payment of salaries and fringe benefits must be in accordance with
the policies of the State or unit(s)of local government and have the approval of the State or the
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awarding agency, whichever is applicable. The services of contractors/consultants may also be
procured to support the design, development,,conduct and evaluation of exercises
• Overtime and Backfill The entire amount of overtime costs, including payments related to backfilling
personnel, which are the direct result of time spent on the design, development and conduct of
exercises are allowable expenses. These costs are allowed only to the extent the payment for such
services is in accordance with the policies of the State or unit(s)of local government and has the
approval of the State or the awarding agency, whichever is applicable In no case is dual
compensation allowable. That is, an employee of a unit of government may not receive compensation
from their unit or agency of government AND from an award for a single period of time(e.g., 1:00
p.m. to 5:00 p.m.), even though such work may benefit both activities.
• Travel. Travel costs (e g., airfare, mileage, per diem, hotel)are allowable as expenses by employees
who are.on travel status for official business related to the planning and conduct of the exercise
activities
• Supplies. Supplies are items that are expended or consumed during the course of the planning and
conduct of the exercise activities (e.g., gloves, non-sterile masks, and disposable protective
equipment)
• Implementation of HSEEP This refers to costs related to developing and maintaining a self-
sustaining State HSEEP which is modeled after the national HSEEP
• Other Items. These costs are limited to items consumed in direct support of exercise activities such
as the rental of space/locations for planning and conducting an exercise, rental of equipment, and the
procurement of other essential nondurable goods. Grantees are encouraged to use free public
space/locations, whenever available, prior to the rental of space/locations. Costs associated with
inclusive practices and the provision of reasonable accommodations and modifications that facilitate
full access for children and adults with disabilities
Unauthorized exercise-related costs include:
• Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g.,
construction vehicles)and emergency response apparatus (e.g., fire trucks, ambulances). The only
vehicle costs that are reimbursable are fuel/gasoline or mileage.
• Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise
conduct(e.g., electronic messaging signs)
• Durable and non-durable goods purchased for installation and/or use beyond the scope of exercise
conduct
If food/water is a requirement for an event, a request must be submitted no later than 25 days prior to the
event. All requests must be approved prior to the event in the-following format:
Exercise Title:
Location.
Exercise Date*
Exercise Schedule.
Estimated Number of Participants that will be fed:
Estimated Cost for food/water:
Description of the Exercise:
E. Equipment
Allowable equipment categories for the EMPG Program are listed on the web-based version of the
Authorized Equipment List(AEL)on the Responder Knowledge Base (RKB), which is sponsored by
FEMA at http:/Avww.Ilis.dhs.govlknowledgebase Unless otherwise stated, equipment must meet all
mandatory regulatory and/or FEMA-adopted standards to be eligible for purchase using these funds. In
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addition, counties will be responsible for obtaining and maintaining all necessary certifications and
licenses for the requested equipment.
The select allowable equipment includes equipment from the following AEL categories:
• Information Technology(Category 4)
• Cyber-Security Enhancement Equipment(Category 5)
• Interoperable Communications Equipment(Category 6)
• Detection Equipment(Category 7)
• Power Equipment(Category 10)
• Chemical, Biological, Radiological, Nuclear, and Explosive(CBRNE) Reference Materials (Category
11)
• CBRNE Incident Response Vehicles (Category 12)
• Physical Security Enhancement Equipment(Category 14)
• CBRNE Logistical Support Equipment(Category 19)
• Other Authorized Equipment (Category 21)
In addition, general purpose vehicles (such as sports utility vehicles)are allowed to be procured in order
to carry out the responsibilities of the EMPG Program. Written approval from the Director of the Division
must be obtained prior to the purchase of any motor vehicle with funds provided under this Agreement. In
the absence of such approval, the Division has no obligation to honor such reimbursement request. Any
trade-in or resale funds received relating to any vehicle purchased under this subgrant is program income.
and must be applied toward the Recipient's Emergency Management Performance Grant(EMPG) Base
Grant expenditures. If State agencies and/or local governments have questions concerning the eligibility
of equipment not specifically addressed in the AEL, they should contact their contract manager who will
coordinate with the FEMA Regional Program Analyst for clarification.
II. Management and Administration (M&A)
M&A is a function of the"Categories and Eligible Activities" (A-E) above. These activities are defined as
directly relating to the management and administration of EMPG Program funds, such as financial
management and monitoring. It should be noted that salaries of State and local emergency managers are
not typically categorized as M&A, unless the State or local EMA chooses to assign personnel to specific
M&A activities.
III. Environmental and Historic Preservation (EHP)
Recipients must comply with all applicable EHP laws, regulations, and Executive Orders(EOs) in order to
request FY 2015 EMPG Program grant funds. Any project with the potential to impact natural resources
or historic properties cannot be initiated until FEMA has completed the required FEMA EHP review.
Recipients that implement projects prior to receiving EHP approval from FEMA risk de-obligation of funds.
For these types of projects, Recipients must complete the FEMA EHP Screening Form (OMB Number
1660-0115/FEMA Form 024-0-01)and submit it, with all supporting documentation to their Contract
Manager. Recipients should submit the FEMA EHP Screening Form for each project as soon as possible
upon receiving their grant award. The Screening Form must be submitted prior to funds being expended.
Refer to IBs 329, 345, and 356.
EHP Policy Guidance can be found in FP 108-023-1, Environmental Planning and Historic Preservation
Policy Guidance, at httpJ/www.fema.gov/media-library/assets/documents/85376
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The following types of EMPG projects are to be submitted to FEMA for compliance review under EHP
laws and requirements prior to initiation of the project:
• Any involvement with the installation of equipment,
• Ground-disturbing activities,
• New construction (installation and renovation), including communication towers, or
modification/renovation of existing buildings or structures
• Proposed construction or renovation projects that are part of larger projects funded from a non-FEMA
source(such as an EOC that is part of a larger proposed public safety complex)
• Renovation of and modification to buildings and structures that are 50 years old or older
• Any other construction or renovation efforts that change or expand the footprint of a facility or
structure including security enhancements to improve perimeter security
• Physical Security Enhancements, including but not limited to
• Lighting
• Fencing
• Closed-circuit television (CCTV)systems
• Motion detection systems
• Barriers, doors, gates and related security enhancements
• Field based training and exercises including activities that involve ground disturbance, use of
explosives, toxic agents or otherwise have the potential to cause impact to the environment or
historical resources. This is only a requirement if the exercise or field training is not being conducted
by a certified professional or at an existing facility with established procedures.
• Communication tower projects
The following activities do not require the submission of the FEMA EHP Screening Form. planning and
development of policies or processes; management and administration; classroom-based training; table
top exercises and functional exercises; and, acquisition of mobile and portable equipment(no
installation)
All recipients of financial assistance will comply with the requirements of the NEPA, as amended, 42
U.S.0 §4331 et seq., which establishes national policy goals and procedures to protect and enhance the
environment, including protection against natural disasters To comply with NEPA for its grant-supported
activities, DHS requires the environmental aspects of construction grants(and certain non-construction
projects as specified by the component and awarding office)to be reviewed and evaluated before final
action on the application.
For more information on FEMA's EHP requirements, see Informational Bulletins below"
• Information Bulletin 329, Environmental Planning and Historic Preservation Requirements for Grants,
available at hftp://www.fema.gov/pdf/government/grant/bulletins/info329.pd
• Information Bulletin 345, Programmatic Environmental Assessment, available at
hftp://www.fema.gov/pdf/government/grant/bulletins/info345.pd and
• Information Bulletin 356, EHP Screening Form, available at
hftp://www.fema.gov/pdf/government/grant/builetins/info356.pd I
IV. Construction and Renovation
Construction and renovation activities for a local government's EOC as defined by the SAA are allowable
under the EMPG Program.
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Written approval must be provided by FEMA prior to the use of any EMPG Program funds for construction ►
or renovation Requests for EMPG Program funds for construction of an EOC must be accompanied by
an EOC Investment Justification (FEMA Form 089-0-0-3, OMB Control Number; 1660-0124
(ht1p.-1 www.fema.gov/pdf/govemment/grant/2011/fy11_eoc inv.pdf)to their Grant Program Manager for
review. Additionally, grantees are required to submit a SF-424C Budget and Budget detail citing the
project costs.
When applying for funds to construct communication towers, grantees and sub-grantees must submit
evidence that the FCC's Section 106 review process has been completed and submit all documentation
resulting from that review to GPD prior to submitting materials for EHP review. Grantees and sub-
grantees are also encouraged to have completed as many steps as possible for a successful EHP review
in support of their proposal for funding (e.g., coordination with their State Historic Preservation Office to j
identify potential historic preservation issues and to discuss the potential for project effects, compliance
with all State and EHP laws and requirements). Projects for which the grantee believes an Environmental
Assessment(EA) may be needed, as defined in 44 CFR 10.8 and 10.9, must also be identified to the
FEMA Program Analyst within six months of the award and completed EHP review materials must be
submitted no later than 12 months before the end of the period of performance. EHP review packets
should be sent to gpdehpinfo(cD_fema.gov.
EMPG Program grantees using funds for construction projects must comply with the Davis-Bacon Act(40
U.S.C. 3141 et seq). Grant recipients must ensure that their contractors or subcontractors for
construction projects pay workers employed directly at the work-site no less than the prevailing wages
and fringe benefits paid on projects of a similar character. Additional information, including Department of
Labor(DOL)wage determinations, is available from the following website:
http.lAvww.doLgovlcompliancel7awslcomp-dbra.htm
V. Maintenance and Sustainment
The use of FEMA preparedness grant funds for maintenance contracts, warranties, repair or replacement
costs, upgrades, and user fees are allowable under all active and future grant awards, unless otherwise
noted.
EMPG Program grant funds are intended to support the Goal and fund activities and projects that build
and sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and
recover from those threats that pose the greatest risk to the security of the Nation. In order to provide
grantees the ability to meet this objective,the policy set forth in GPD's IB 379(Guidance to State
Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding)allows for the
expansion of eligible maintenance and sustainment costs which must be in 1) direct support of existing
capabilities, (2) must be an otherwise allowable expenditure under the applicable grant program; (3) be
tied to one of the core capabilities in the five mission areas contained within the National preparedness
Goal, and (4)shareable through the Emergency Management Assistance Compact.Additionally, eligible
costs must also be in support of equipment,training, and critical resources that have previously been
purchased with either Federal grant or any other source of funding other than DHS/FEMA preparedness
grant program dollars.
Unallowable Costs
• Expenditures for weapons systems and ammunition
• Costs to support the hiring of sworn public safety officers for the purposes of fulfilling traditional public
safety duties or to supplant traditional public safety positions and responsibilities
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• Activities unrelated to the completion and implementation of the EMPG Program
In general, recipients should consult with their contact manager;who will coordinate with the FEMA
Regional Program Analyst prior to making any Investment that does not clearly meet the allowable
expense criteria established in this Guidance.
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Attachment C
Program Goals
The County is to achieve the following emergency management Program Goals throughout the contract
period to ensure county compliance and coordination with the state emergency management.
Items listed below are to be reviewed during the mid-year and end-of year progress report prepared in
conjunction with the Division's Regional Coordinator to ensure county compliance.
1. COORDINATION AND COLLABORATION - Utilizing the elements below,county emergency
management agencies will have an ongoing process that provides for coordinated and
collaborated input in the preparation, implementation, evaluation and revision of emergency
management programs.
• Attend the Regional Training and Exercise Planning (TEP)Workshop and provide an agenda
or a copy of the certificate to show participation during this contract period (July 1, 2015—
June 30, 2016);
• Attend the Private Sector Summit OR the Rural County Summit
2. TRAINING AND EXERCISE -To ensure that each county emergency management agency is in
compliance with EMPG Guidance, each EMPG funded position during this contract period(July
1, 2015—June 30, 2016) MUST provide the following items. This shall be uploaded to the
Division's Sharepoint portal, https.Hportal.floridadisaster.org
• At least one County Emergency Management employee should participate in no less than
three(3)exercises within the 12 month Agreement period
• Submit an After Action Report(AAR)for each exercise conducted by the Recipient and/or
provide sufficient exercise documentation(i.e., sign in sheet, certificate, etc.)for participation
in each exercise not conducted by the Recipient
3 National Incident Management System (NIMS) -The Recipient will be required to complete a
NIMS survey and provide the NIMS implementation status of your jurisdiction no later than
December 1st. This survey, upon receipt, is designed to provide a self-assessment instrument
to evaluate and report on your jurisdiction's implementation of the National Incident Management
System (NIMS).
4 Multi-Year Training and Exercise Plan (MYTEP)—Recipient is required to develop a MYTEP
that identifies combination of exercises, along with associated trainings requirements, that
addresses the priorities identified in the State TEPW. The county TEP will be included in the
state submission of the MYTEP. Develop and submit no later than June I"
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Attachment D
Deliverables
Emergency Management Performance Grants Program Guidance, FY2015 allowable costs are divided
into the following categories. organizational, planning,training, exercise, equipment, and
management and administration.
A. Organization Deliverable
Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient for actual
eligible costs associated with staffing,and other day-today activities (listed in SOW under"Eligible
Items for Expenses") in support of emergency management Personnel costs, including salary, overtime,
compensatory time off, and associated fringe benefits, are allowable costs
To maintain a minimum level of capability, submit current EMAP accreditation certification OR certificates
for the following training via SharePoint for each emergency management position.
• IS 100—Introduction to Incident Command System
• IS 200—ICS for Single Resources and Initial Action Incidents
• IS 700—National Incident Management Systems (NIMS)
• IS 800—National Response Framework
B. Planning Deliverable
Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient for actual
cost of successfully completing planning activities consistent with guidelines contained in the 2015 EMPG
FOA. Program funds may be used to develop or enhance emergency management planning activities.
Only the approved planning activities outlined below are eligible for reimbursement, however, any other
planning activities MUST have prior approval from DEM to be eligible under this agreement. Approved
Planning activities include: provide input for data collection in THIRA development Development of an all
hazards mitigation plan based on identified risks and hazards: Emergency Management/Operation Plans•
Communications Plans: Continuity/Administrative Plans:Whole Community engagement/planning,
Resource management planning: Evacuation Planning: Pre-disaster and post-disaster Recovery planning
F/ERO Credentialing and Validation: and MYTEP
C. Training Deliverable
Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient for all
actual cost of successfully completing training activities consistent with guidelines contained in the 2015
EMPG FOA. Only the approved training venues outlined below are eligible for reimbursement, however,
any other training venues MUST have prior approval from DEM to be eligible under this agreement.
Approved training venues are: Florida Governor's Hurricane Conference National Hurricane Conference
Florida Emergency Preparedness Association Annual Meeting: Florida Emergency Preparedness
Association Mid Year Work Session: and Professional Development Conferences
D. Exercises Deliverable
Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient for the
actual cost of successfully completing exercise activities consistent with guidelines contained in the 2015
EMPG FOA. Only exercises outlined in the County MYTEP are eligible for reimbursement any other
exercise MUST have prior approval from DEM to be eligible under this agreement
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E. Equipment Deliverable
Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient for actual
cost of purchasing an item identified on the Authorized Equipment List(AEL) list from the selected
categories below. Allowable equipment categories for the EMPG Program are listed on the web-based
version of the AEL on the Responder Knowledge Base (RKB), which is sponsored by FEMA at
http.lAvww.Ilis.dhs.govlknowledgebase Unless otherwise stated, equipment must meet all mandatory,
regulatory and/or FEMA-adopted standards to be eligible for purchase using these funds. In addition,
counties will be responsible for obtaining and maintaining all necessary certifications and licenses for the
requested equipment.
Financial Consequence
To receive reimbursement for performance of each category,the Recipient's activities must be
completed within the agreement period and in accordance with the Budget and Scope of Work,
Attachment A and B of the Agreement. In the event that the Recipient does NOT complete the
activities,the Division will withhold 5% of the amount requested in the Quarterly Financial Report.
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Attachment E
Reports
A. Recipient shall provide the Division with quarterly financial reports, mid-year and end-of-year
summary progress reports prepared in conjunction with the Division's Regional Coordinator, and
a final close-out report. Reporting Forms are located in Attachment K and can be found on the
Division internet site.
B. The Recipient shall provide the Division with full support documentation (per information
bulletin#341)for the quarterly financial reports. To eliminate large files and mailings, the
Division will accept back up documentation on a CD if desired by the Recipient.
(Backup Documentation should reflect the amount requested on the Expenses Detail of Claims
form.)
• Organizational Activities. Includes salaries and expenses(depending upon eligibility).
Supply copies of timesheets(if applicable)documenting hours worked and proof employee
was paid (i.e., earning statements/payroll.registries) Expense items need to have copies of
invoices/receipts and canceled checks(or general ledger)for proof of payment.All
documentation for reimbursement MUST include exact amounts and MUST be clearly visible
and defined (i.e., highlighted, underlined, circled &/or individually identified on a
spreadsheet)
• Planning Costs: Provide copies of contracts, MOUs or agreements with consultants or sub-
contractors providing services. Copies of invoices/receipts and canceled checks (or general
ledger) for proof of payment. May also request copies of planning materials and work
products (i.e., meeting documents, copies of completed plans (if submission of plans is for
the Division then only need to provide date of submission and who submitted plan/product
to), etc.). Any costs for planning activities provided by in-house staff MUST be reported
under"Organizational Activities".
• Training Costs: Provide copies of contracts, MOUs or agreements with consultants or sub-
contractors providing services. Copies of invoices/receipts and canceled checks(or general
ledger)for proof of payment and a copy of the agenda and sign in rosters. May also request
any training materials provided
• Exercise Costs: Provide copies of contracts, MOUs or agreements with consultants or sub-
contractors providing services. Copies of invoices/receipts and canceled checks (or general
ledger)for proof of payment and a copy of the agenda and sign in rosters. May also request
any training materials provided.
• Equipment Acquisition Costs: Copies of Invoices/receipts and canceled checks(or general
ledger)for proof of payment. AEL#for each purchase(if applicable).
• Management and Administrative Costs: Supply copies of timesheets documenting hours
worked and proof employee was paid (i.e., earning statements/payroll registries).
• For travel and conferences related to EMPG activities, copies of all receipts must be
submitted (i.e., airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.)
Receipts must be itemized and match the dates of travel/conference. If conference, a copy of
the agenda must be provided Proof of payment is also required for all travel and
conferences
• If cancelled checks are NOT available, copies of the general ledger MUST be provided.
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C. Quarterly financial reports are due to the Division no later than thirty days after the end of each
quarter of the program year; and shall continue to be submitted each quarter until submission of
the final close-out report. The ending dates for each quarter of this program year are September
30, December 31, March 31 and June 30.
D. The Staffing Detail and Exercise Detail Form(Form 3) is due with your quarterly financial
report each quarter. This form identifies EMPG funded employees, the required training
completed (or working towards completion),and the required amount of exercises during
the agreement period.
E. The final close-out report is due sixty days after termination of this Agreement.
F If all required reports prescribed above are not provided to the Division or are not completed in a
manner acceptable to the Division, the Division shall withhold further payments until they are
completed or may take such other action as set forth in Paragraphs(10), (11) and (12)of this
Agreement. "Acceptable to the Division"means that the work product was completed in
accordance with generally accepted principles, guidelines and applicable law, and is consistent
with the Scope of Work.
G. Mid-Year and End-of-Year summary progress reports are to be scheduled and reviewed by the
Division's Regional Coordinator and submitted to the contract manager
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Attachment F
Program Statutes, Regulations and Special Conditions
1) 53 Federal Register 8034
2) 31 U.S.0 §1352
3) Chapter 473, Florida Statutes
4) Chapter 215, Florida Statutes
5) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements
28 CFR Part 66, Common rule
6) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970
7) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975
8) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470),
Executive Order 11593 ,
9) Archeological and Historical Preservation Act of 1966(16 USC 569a-1 et seq.)
10) Title I of the Omnibus Crime Control and Safe Streets Act of 1968,
11) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act
12) 28 CFR Part 42, Subparts C,D,E, and G
13) 28 CFR applicable to grants and cooperative agreements
14) Omnibus Crime Control and Safe Streets Act of 1968, as amended,
15) 42 USC 3789(d), or Victims of Crime Act(as appropriate);
16) Title VI of the Civil Rights Act of 1964, as amended;
17) Section 504 of the Rehabilitation Act of 1973, as amended;
18) Subtitle A, Title II of the Americans with Disabilities Act(ADA) (1990);
19) Title IX of the Education Amendments of 1972;
20) Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations,
21) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39
22) Chapter 252, Florida Statutes
23) Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code
24) 44 CFR, Part 302
25) 48 CFR, Part 31
26) 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
27) To the extent that 2 C F.R. Part 200 supersedes any provision outlined above, 2 C F.R. Part 200
shall apply
Special Conditions
1 The Recipient shall comply with the most recent version of the Administrative Requirements, Cost
Principles, and Audit Requirements A non-exclusive list of regulations commonly applicable to
Department of Homeland Security grants are listed below:
A. Administrative Requirements
• 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments
• 2 C F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
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B Cost Principles
• 2 C F R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
• Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and
Procedures, Contracts with Commercial Organizations
C Audit Requirements
• 2 C F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
2. Recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any level of government, without the express prior written approval of FEMA. i
3. The recipient agrees that all allocations and uses of funds under this grant will be in accordance !
with the FY 2015 Emergency Management Performance Grants Funding Opportunity
Announcement. ;
4. The recipient shall not undertake any project having the potential to impact Environmental or
i
Historical Preservation (EHP) resources without the prior approval of FEMA, including but not
limited to communications towers, physical security enhancements involving ground disturbance,
new construction, and modifications to buildings, structures and objects that are 50 years old or
older, and purchase and use of sonar equipment. Recipient must comply with all conditions
placed on the project as the result of the EHP review. Any change to the approved project scope
of work will require re-evaluation for compliance with these EHP requirements. If ground
disturbing activities occur during project implementation, the recipient must ensure monitoring of
ground disturbance, and if any potential archeological resources are discovered, the recipient will
immediately cease construction in that area and notify FEMA and the appropriate State Historic
Preservation Office.Any construction activities that have been initiated without the necessary
EHP review and approval will result in a non-compliance finding and will not be eligible for FEMA
funding.
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Attachment G j
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
If you are requesting an advance,indicate same by checking the box below.
[ ]ADVANCE REQUESTED
Advance payment of$ is requested. Balance of
payments will be made on a reimbursement basis. These funds are
needed to pay staff,award benefits to clients,duplicate forms and
purchase start-up supplies and equipment. We would not be able to
operate the program without this advance.
If you are requesting an advance,complete the following chart and line item justification below.
ESTIMATED EXPENSES I
BUDGET CATEGORY/LINE ITEMS 20=20_Anticipated Expenditures for First Three Months of
(list applicable line items) Contract
For example
r
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
For example
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item,provide a detailed justification explaining the need for
the cash advance. The justification must include supporting documentation that clearly shows the advance
will be expended within the first ninety(90)days of the contract term. Support documentation should
include quotes for purchases,delivery timelines,salary and expense projections,etc.to provide the Division
reasonable and necessary support that the advance will be expended within the first ninety(90)days of the
contract term. Any advance funds not expended within the first ninety(90)days of the contract term shall be
returned to the Division Cashier,2555 Shumard Oak Boulevard,Tallahassee,Florida 32399, within thirty
(30)days of receipt,along with any interest earned on the advance)
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Attachment H
Warranties and Representations
Financial Management
Recipient's financial management system must include the following-
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated
balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall safeguard all assets and assure that they are used solely for authorized purposes
(4) Comparison of expenditures with budget amounts for each Request For Payment.Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB cost principles and the terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation
Competition
All procurement transactions shall be done in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill
in order for the bid or offer to be evaluated by the Recipient.Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so.
Codes of conduct.
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
Any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors or parties to subcontracts. The standards of
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conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from 8: 30 AM to 5: 00 PM Monday thru Friday
except holidays.
Licensing and Permittinq
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
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DIVISION OF EMERGENCY MANAGEMENT
EMEkGENCYIMANAGEMENT PERFORMANCE GRANT = EMPG BASE GENT
QARTER
U_ LFINANCIAL•=
Y REPORT., - -
FORM
GRANTEE: Claim#
County Name:
Address:
(Select the quarter of submission)
? QUARTERLY REPORTING DUE DATES
July 1 -September 30-Due no later than October 31
Point of Contact: I October 1-December 31-Due no later than January 31
Telephone#: ! January 1-'March 31-Due no later thanApril 30
AGREEMENT#
IApril 1-June 30-Due no later than July 31
;THIS1..:'IS?A-REQUIRED'DOCUMENT,•'ANDMUST+iQUARTERL
BE•SUBMITTEU S 1' `t �j"�- ''•n.
. •<.•.-- .1 v ', ;.F.: Y • yk, -
t
i
CUMULATIVE TOTAL ALLOCATED CURRENT CLAIM REMAINING BALANCE
1.Organizational Costs
2. Planning Costs
3.Training Costs
4. Exercise Costs
5 Equipment Costs
6. Management and Administration Costs
(limited to 5%of the total award)
TOTAL $0.00 $0.00
TOTAL AMOUNT TO BE PAID ON THIS INVOICE
I hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement.
Signed:
Grantee Contract Manager or Financial Officer Date
?+xray a f: �yrj':e: N✓' $' "o-:. s_ 3 3{' `, j,.2. Y - �.:e.- r •„
J':�.1•�''�ailt' r2�e': ''.)' "3t a'R 3 lF.', t� :. �li� i
QUARTERLI(STATUS;f2EPrk ORT a ��` %•
This information below is required EACH QUARTER. This information MUST be clearly linked
to the project TIMELINE, DELIVERABLES AND SCOPE OF WORK.
Report event,progress,delays,etc.,that pertain to this project(i.e.,incidents,activities,meetings,reporting training and/or exercises)
I
(Attach additional page(s)if needed.)
'`: - - L- ;r-:'- •• ?;•� .'`i..'r_. J,',�at;.t—_s`ir',=J?':r�;�"; -iy,k:'.L�. .4 l i f' ." - ...-. ::�Yt;
Y.`. :-,. 'l >', '';.
THIS SECTION BELOW IS TO BE COMPLETED BY DEM WITH EACH QUARTERLY FINANCIAL PAYMENT
Total EMPG Federal Amount
Prior Payments
This Payment
Unexpended Funds
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Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - BASE GRANT
CLOSE-OUT REPORT
FORM 4
This form should be completed and submitted to the Division no later than forty-five(45)days after the termination date of
the Agreement.
Grantee Agreement No
Address Agreement Amount
City and State Agreement Period
Payments Received Under this Agreement
(Include any advanced funds and final requested payment)
By Category- I otal Contract
Cost Categories Expenditures Date Amount
1 Organizational Activities
1
2.Planning Activities
2
3.Training Costs
3
4.Exercise Costs
4
5.Equipment Acquisition Costs
5
6.Management and
Administration Costs 6
Total
$0.00 Total 7 $0.00
Agreement Amount
Minus Total Payments
(Including final requested funds—Line 7)
Unspent balance
Federal funds provided under this Agreement shall be matched by the Recipient dollar for dollar from non-federal funds. NOTE: If the
amount entered below is NOT EMPA, provide appropriate back-u /su ortin documentation.
MATCH EMPA LOCAL OTHER NON-FEDERAL
Refund and/or final interest checks are due no later than ninety(90)days after the expiration of the Agreement.
Make checks payable to:
Cashier,Division of Emergency Management
1 hereby certify that the above costs are true and valid costs incurred in
accordance with this Agreement
Mail To:
Division of Emergency Management Signed
2555 Shumard Oak Boulevard Grantee Contract Manager or Financial Officer
Tallahassee,Florida 32399-2100
Attn: (contract manager) Date
159
CONSENT
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM ='fart
TO: Honorable Board of County Commissioners
THROUGH: Joseph A. Baird, Administrator
THROUGH: John King, Director ' r
Department of Emerg y , rvices
FROM: Brian S. Burkeen,Assistant Chief
Indian River County Fire Rescue
DATE: September 22,2015
SUBJECT: Approval to Authorize Payment for Shulman, Rogers, Gandal, Pordy,
& Ecker, P.A. for 800 MHz Rebanding.
On December 4,2007,the Board of County Commissioners approved a Frequency Reconfiguration
Agreement between Indian River County and Nextel South Corporation for radio rebanding. As a
part of the process Indian River County must authorize payment from Nextel to Shulman, Rogers,
Gandal, Pordy, & Ecker, P.A. for services provided during the rebanding.
Attached are the Incumbent Acknowledgment and an invoice from Shulman,Rogers,Gandal,Pordy,
& Ecker, P.A. for services provided to this point in the process.
FUNDING
No county funds are being expended for this project.All funds are paid from an escrow account by
Nextel.
RECOMMENDATION:
Staff recommends approval of the Incumbent Acknowledgement and authorization that services
identified on the invoice have been performed.
ATTACHMENT:
Incumbent Acknowledgement
Invoice from Shulman, Rogers, Gandal, Pordy, & Ecker, P.A.
Indian River Co. v Date
APPROVED FOR AGENDA
Legal
f -f!
FOR: October 6 2015 Budget �j
Dept.
BY:
7^ ' Risk Mgr
oseph A. Baird General Svcs.
County Administrator
160
i
iI
I
INCUMBENT ACKNOWLEDGEMENT
Incumbent Name: Indian River County, FL, Date: September 21, 2015
Deal Number (to be provided by Sprint Nextel): DL8910427967
Vendor Name(as listed on Schedule C of ERA): Shulman. Rogers, Gandal, Pordy, & Ecker,
P.A.
Vendor Invoice Number(s): 98656399
Incumbent Contact Person: Brian Burkeen
Incumbent Contact Address: 4225 43`d Avenue, Vero Beach, FL 32967
Contact Person Phone Number: 772-226-2864
Contact Person Fax Number: 772-226-3868
Type of Good/Services Delivered Date of Acceptance of Cost
(Quantity and Price as identified on Schedule Good/Services by
C of the FRA) Incumbent
Legal Fees:
Please see attached invoice #J 98656399 7/24/15 — 9/18/15 300.00
for details).
TOTAL $300.00
rU
hu'_ ;=�'Lc�.'a.'�'_�'.;�'•���.�i-r:.SA.=.`�;.r-''�,+� a�f,-i?�C�.a,`xa- .��'t? {x.a,-i'rC?�l''+".^i.`'t--
I, ("Incumbent") acknowledge that all goods/services
identified on the Invoice number referenced above and attached to this acknowledgement
have been received/performed.
BY:
Name:
Title:
161}
Shulman, Roger.s, Gandal, Pordy
& Ecker P.A.
12505 Park Potomac Avenue I
6th Floor
Potomac, Maryland 20854
301-230-5200
Fax 301-230-2891
Federal Tax ID No. 52-1008944
Indian River County, Florida September 21, 2015
1840 25th Street Invoice: 98656399
Vero Beach, FL 32960 Client Number: 112451
Matter Number: 00002
For Legal Services-Rendered through 09/18/15
Re: 800 MHz Rebanding
Date Atty Description Hours
07/24/15 SS Email to Sprint re: closing status 0.10
08/03/15 AST E-mails with Sprint Re Status 0.20
09/18/15 SS Reconciliation - review emails, internal 1.00
communication; review file for final close out; email to
Sprint
Atty Rate Hours Value
SS Shirley Sutton 200.00 1.10 220.00
AST Alan S. Tilles 400.00 0.20 80.00
Current Fees 1.30 $300.00
Total Balance Due Upon Receipt $300.00
162
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INDIAN RIVER COUNTY, FLORIDA
DEPARTMENT OF UTILITY SERVICES
Date: September 29, 2015
To: Joseph A. Baird, County Administrator
From: Vincent Burke, P.E., Director of utility Services
Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager
Subject: Amendment No.1 to Work Order No. 12 with CDM Smith — Design, Permitting
and Bidding Services for Construction of Well No. 7 and at the South County
RO Plant
DESCRIPTIONS AND CONDITIONS:
On July 1, 2014 the Board of County Commissioners (BCC) approved CDM Smith to design, permit,
and prepare technical specifications and include services during the bidding process of a potable
water production well (Well No. 7). The proposed well was to be located at the northwest corner
of the South County Park, adjacent to the ball fields. This location was agreed to by the Florida
Department of Environmental Protection (FDEP) Central District and St. Johns River Water
Management District (SJRWMD) in 2009.
Since the 2009 efforts, the County has shifted from the Central District FDEP to the Southeast
District of FDEP. This change resulted in a change in permitting staff and the previously proposed
well location became a topic of concern for the Southeast District staff. FDEP requested that the
well be relocated out of the dry stormwater treatment area and onto higher ground to allow for
ease of access during compliance inspections during or after storm events. This change requires
that the 100 percent design plans for both the well/wellhead and the pipeline be updated to reflect
the new location, as well as to provide a modified electrical design.
ANALYSIS:
Previously, impact fee funds were used for the design services in anticipation of future growth
demands in the southern portion of the county which never came to fruition. When the project
was put on hold, the expenses incurred at that time were transferred to the operating fund. In an
abundance of caution, the funding source now reflects the use of operating funds for the remaining
engineering work and construction costs since well No.7 is being added for increased reliability and
redundancy to the system, not for additional capacity.
The Amendment No.1 to Work Order No.12 is to update the wellhead and pipeline plans to reflect
the revised location of the well. Final plans will also include modifications to the electrical design to
accommodate power being provided from a different location than previously considered. This task
will include one discussion with FP&L to confirm the power feed assumptions. It is not anticipated
that the specifications will require modification as a result of the relocation; however, the bid
summary will be updated to reflect revised pipeline lengths as per the CDM Smith proposal dated
September 28, 2015. Consultant will begin work immediately upon authorization of this
a
163,
4
Amendment to the Work Order and complete design, bid package and permitting within 30 to 60-
days.
FUNDING:
Funding for Amendment No.1 to Work Order No. 12 is available in the SCRO Well No. 7 Account
within the Utilities Operating Fund. Operating funds are derived from water and sewer sales.
ACCOUNT INFORMATION:
., . bescr.iption. Account No. Amount
SCRO Well No.7 471-169000-14506 $ 6,450.00
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve the attached Amendment
No.1 to Work Order No. 12 with CDM Smith, approve design fees in the lump sum amount of
$6,450.00, and authorize the Chairman to execute the same, as presented.
l
ATTACHMENT:
Amendment No.1 to Work Order No. 12 — Scope of Services from CDM Smith for Final Design,
Permitting, Bidding Services of Well No. 7 at South County R.O. Plant
APPROVED FOR AGENDA:
I Indian River Co. Approved Date
By: 1' Administration
,/,Jrl/o_�s-�e®®p /�A. Baird, County Administrator Legal
FO (1�G3�.�G(��_ ��/lj Budget q14,0f
Date Utilities
Utilities-Finance C'V ( 9�
F:\Utilities\UTILITY-Engineering\WATER\WTP-South RO\Well No.7 Construction\Admin\CDM\Agenda CDM-Add 1.doc 164
AMENDMENT NUMBER 1 WORK ORDER NUMBER 12
South County Water Treatment Plant Well No. 7
I
This Amendment 1 to Work Order Number _ is entered into as of this _ day of , 201J ;
pursuant to that certain Continuing Contract Agreement for Professional Services, dated
December 6, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for
Professional Services entered into as of this 4 t day of November, 2014 (collectively referred to as the
"Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida
("COUNTY") and CDM Smith, Inc. ("Consultant").
1. The COUNTY has selected the Consultant to perform the professional services set forth in
existing Work Order Number 12, Effective Date 07/01/2014.
2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A
(Scope of Work) attached to this Amendment and made part hereof by this reference. The professional
services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule),
and within the timeframe more particularly set forth in Exhibit A (Time Schedule), all in accordance with
the terms and provisions set forth in the Agreement.
3. From and after the Effective Date of this Amendment, the above-referenced Work Order is
amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing
contained in any Work Order shall conflict with the terms of the Agreement and the terms of the
Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first
written above.
CONSULTANT: BOARD OF COUNTY COMMISSIONERS
CDM Smith, Inc A OF INDIAN RIVER COUNTY
By:
Wesley S. Davis, Chairman
Title: Vice President
BCC Approved Date:
Attest:Jeffrey R. Smith,Clerk of Court and Comptroller
By:
Deputy Clerk
Approved:
seph A_- Baird,County Admi istrator
Approved as to form and legal sufficiency:
dlan T. Reingold,County Attorney
r
165
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i
1701 Highway AIA,Suite 301
Vero Beach,Florida 32963
tel:772 231-4301
September 28,2015
Mr. Vincent Burke, P.E.
Director of Utility Services
Indian River County
180127th Street, Building A
Vero Beach, Florida 32960
Subject: Work Order No. 12—Amendment No. 1
South County Water Treatment Plant Well No. 7
Final Design, Permitting and Bidding Services
Dear Mr. Burke:
On July 1, 2014,the Indian River County(County) Board of County Commissioners(BOCC) authorized the
subject Work Order for CDM Smith to complete the design of a new production well at the South County
Water Treatment Plant to provide for operational flexibility of the wellfield.Since originally beginning
this project(under separate cover) in 2009,the County has now shifted from the Central District to the
Southeast District of the Florida Department of Environmental Protection (FDEP).As such, FDEP is now
requesting that the well location be shifted to allow easier access for compliance inspections.This
request from FDEP came after CDM Smith completed the 100 percent bid documents for the project.
Therefore, additional services are required to complete the relocation, redesign the electrical feed to
the well and complete the permitting services associated with the changes.Transmitted herewith are 3
copies of Amendment No. 1 to Work Order No. 12 to complete these additional activities.
Sincerely,
Jill T. Grimaldi, BCES
Principal Scientist
CDM Smith Inc.
File: 105001.02.01
cc: Arjuna Weragoda, County
Eric Grotke, CDM Smith
0RL0191-Ltr-29Sep2015 ga 166
EXHIBIT A
SCOPE OF WORK
INDIAN RIVER COUNTY
SOUTH COUNTY WATER TREATMENT PLANT
FINAL DESIGN, PERMITTING AND BIDDING SERVICES
FOR PROPOSED WELL NO. 7
AMENDMENT NO. 1
This Authorization, when executed,shall be incorporated in and become part of the Contract for
Consulting/Professional Services between the Indian River County(County), and CDM Smith Inc.
(Consultant), dated December 6, 2011 hereafter referred to as the Contract. F
BACKGROUND
I
The County owns and operates the South County Water Treatment Plant (WTP)which currently
operates with six existing Upper Floridan Aquifer(UFA) production wells.The existing Consumptive Use
Permit (CUP)for the South County WTP also includes a future permitted seventh well that has not yet
been constructed. In August 2009,the Board of County Commissioners approved a Work Order for the
Consultant to design, permit and provide services during construction of the proposed well and raw
water pipeline.After reaching the 100 percent design level (minus the County's front-end documents),
staff decided to put the project on hold and not construct the well.The County now wishes to finalize
design,complete the bid package and finalize permitting of the proposed well at the South County WTP.
In July 2014,the County authorized Work Order No. 12 for the Consultant to complete the design and
permitting activities that begun in 2009, as well as to provide bidding services for the new well.Since
the 2009 efforts, the County has shifted from the Central District FDEP to the Southeast District of FDEP.
This change resulted in a change in permitting staff and the previously proposed well location became a
topic of concern for the Southeast District staff. FDEP requested that the well be relocated out of the dry
stormwater treatment area and onto higher ground to allow for ease of access during compliance
inspections during or after storm events.This change requires that the 100 percent design plans for both
the well/wellhead and the pipeline be updated to reflect the new location, as well as to provide a
modified electrical design.
The following is the scope of services to be provided under this authorization is amended as follows.
SCOPE OF SERVICES
Consultant will perform the following task services:
Task 1.0 COORDINATION WITH FWS
No changes.
TASK 2.0 MEETING WITH SJRWMD
No changes.
TASK 3.0 PREPARATION OF FINAL BID PACKAGE
Subtask 3.1 Final Contract Documents
CDM Smith will update the Wellhead and Pipeline plans to reflect the revised location of the well. Final
plans will also include modifications to the electrical design to accommodate power being provided from
A-1 Amendment No 1.doc 167
a different location than previously considered.This task will include one discussion with FP&L to
confirm the power feed assumptions. It is not anticipated that the specifications will require
modification as a result of the relocation; however, the bid summary will be updated to reflect revised
pipeline lengths.
Subtask 3.2 Final Contract Document Submittal
No changes.
Subtask 3.3 Preparation of Probable Construction Cost 1
The final construction cost estimate will not be revised to reflect the change in location.The primary
cost change will be the overall reduction in transmission piping.
TASK 4.0 WELL CONSTRUCTION PERMITTING
Consultant to date has provided permitting services in excess of the originally budgeted effort due to
the change in FDEP District and unanticipated requests for information resulting from the Southeast
District preferences in well location.Amendment No. 1 will allow for recovery of additional costs to
date, as well as provide for Consultant to complete the permitting task.
This estimate is based on the assumption that County staff has contacted both FDEP and SJRWMD to
gain concurrence from each regulatory agency on the proposed new well location. County staff has
indicated that FDEP has conceptually agreed to the new location; pending resubmittal of the permit
application, and that SJRWMD has also agreed to the new location from both a consumptive use permit
and environmental resource permit(stormwater) perspective. No additional services are included
herein for these efforts.
TASK 5.0 BIDDING SERVICES
No changes.
TASK 6.0 PROJECT AND QUALITY MANAGEMENT
Activities performed under this task consist of those general functions required to maintain the project
on schedule, within budget, and that the quality of the work products defined within this scope is
consistent with Consultant's standards and the County's expectations. Specific activities included are
identified below:
Subtask 6.1 Project Quality Management
Amendment No. 1 increases the Project Management hours to account for extended project duration
due to the well location discussions.
Subtask 6.2 Project Status Reports
No changes.
OTHER SERVICES NOT INCLUDED IN THIS SCOPE OF SERVICES
This authorization does not include:
w Modifications to the groundwater model prepared by Post, Buckley,Schuh and Jernigan;
e Preparation and submittal of the SJRWMD well construction and well completion forms (to be
completed by Contractor);
a Certification of Construction Completion and Request for Clearance to Place Permitted PWS
Components into Operation (FDEP Permit form);
A-2 Amendment No l.doc 168
1
1
1
Design services associated with wellhead enclosures (not included per discussions with County
staff); or
Services during construction.
COUNTY RESPONSIBILITIES
The County will provide all reasonable data requested by the Consultant for the purpose of completing
the aforementioned tasks.The County will also provide a timely review of all work products and all
permit fees. Front-end documents to be used in the bid package will be provided by the County and
shall be the most current version approved by the County Attorney's office.
SCHEDULE
Consultant will begin work immediately upon authorization of this Work Order.The following schedule
is projected for this project:
Bid Package - Completed within 10 working days of Notice to Proceed on Amendment 1.
Permitting- Estimated complete within 30 days of application
Bidding—Approximately 60 days upon advertisement
COMPENSATION AND PAYMENT
Compensation for the Scope of Services described herein shall be made on the basis of a lump sum fee.
The lump sum fee for Tasks 1.0 through 6.0, inclusive, is amended to increase by$6,450, resulting in an
amended lump sum fee of$49,900, as shown in Exhibit B. Consultant will invoice County on a monthly
basis based on percent complete.
A-3 Amendment No l.doc 169
EXHIBIT B
FEE SCHEDULE
INDIAN RIVER COUNTY
SOUTH COUNTY WATER TREATMENT PLANT
FINAL DESIGN, PERMITTING AND BIDDING SERVICES
FOR PROPOSED WELL NO. 7
AMENDMENT NO. 1
For invoicing purposes, a summary of fees by task is provided below.The Consultant will invoice the
County monthly on a'Lump Sum basis for costs incurred during the billing cycle.
Original Amendment Total
Task Description Authorization No. 1
Task 1.0—Coordination with FWS $ 2,880 $ 0 $ 2,880
Task 2.0— Meeting with SJRWMD $ 920 $ 0 $ 920
Task 3.0—Prep of Final Bid Package $ 23,350 $ 4,130 $ 27,480
Task 4.0—Well Construction Permitting $ 1,970 $ 1,450 $ 3,430
Task 5.0—Bidding Services $ 5,540 $ 0 $ 0
Task 6.0—Project Management and Quality Control $ 7,290 $ 870 $ 8,160
Subtotal $ 41,950 $ 6,450 $ 48,400
Other Direct Costs $ 1,500 $ 0 $ 1,500
TOTAL(Lump Sum) $ 43,450 $ 6,450 $ 49,900
B-1 fl1468.doc 170
INDIAN RIVER COUNTY, FLORIDA �
DEPARTMENT OF UTILITY SERVICES
F7 fltttt>�
Date: September 25, 2015
To: Joseph A. Baird, County Administrator
From: Vincent Burke, P.E., Director of Utility Servic
Prepared By: Gordon Sparks, P.E., Environmental Engineer rE 5
Arjuna Weragoda, P.E., Capital Projects Manager i��i✓�
Subject: Final Payment to Blue Goose Construction for Replacement of 3" Galvanized
Water Main and Services in Vista Royale, Phase 1 —UCP#4113
DESCRIPTIONS AND CONDITIONS:
On March 3, 2015 the Board of County Commissioners (BCC) approved Work Authorization No. 2015-001
to Blue Goose Construction in an amount of $71,129.18 to construct a 4" water main to replace a 3"
galvanized water main and replace 2" galvanized water services with PE pipe.
ANALYSIS:
Application for Final Payment for $71,442.93 was received on September 23, 2015 for total cost of the
labor for the project. This is $313.75 more than approved for the construction. The overrun on the
original amount was due to the fact that additional 4" HDPE directional bore pipe was required to be
installed.The project is now complete and has been placed into service.
FUNDING:
Funding for the project is derived from the R & R budget in the operating fund. Operating fund revenues
are generated from water and sewer sales.
ACCOUNT NAME ACCOUNT NUMBER= AMOUNT
Vista Royale Line Replacement 47123536-044699-155141 $71,442.93
Page 1 of 2
171
1
RECOMMENDATION: {,
f
Staff of the Department of Utilities Services recommends that the Board of County Commissioners
approve the final cost for the project of $71,442.93, approve Application for Final Payment in the
amount of $71,442.93 from Blue Goose Construction. Payment of $71,442.93 to Blue Goose
Construction will release any further obligation to the contractor by the County.
ATTACHMENT(s):
1. Application for Final Payment from Blue Goose Construction
APPROVED FOR AGENDA:
By: i' Indian River Co. A roved Date
Josep A. Baird, County Administrator Administration v �,
Legal
F Budget
Date Utilities
t�
Utilities-Finance q Z -4
F:\Utilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-Vista Royal 3-inch Galvanized Water Main Replacement UCP
4113\AO-Agenda for Final Pay to Blue Goose 9-25-15:doc
172
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f
NO Blue
c Invoice No: 1057-09182015
�/4A,o,oi7ae Date: September 18 2015
haeq Cbl�' ..UtfiHWil1 'f+ t/1lrMe
Project: VISTA ROYAL / Contract 2015001
3" Galvanized Water Main Replacement
UCP # 4113
TO: Indian River County CONTACT: Gordon Sparks
Dept of Utilities PHONE: (772) 226-1823
FAX:
EMAIL: gssparks(a)ircgoy.com
SCOPE OF WORK
ITEM Quantity unit Unit Price Extension
IRC Replce 3"Galvanized Water Main &2" Galvanized Water Service is Vista Royal
Services performed - enclosed 1 US $ 71,442 93 $ 71,442 93
$ 71,442.93
Total $ 71,442.93
DLE (DEu V E
SEP 2 3 RECD
Z o/ dr
ATTACHMENT73
z� , s.
SECTION 00622 - Contractor's Application for Final Payment
I
Application for Payment No. 1. j
For Work Accomplished through the period of 9/01/2015 through 9/15/2015
To: Indian River Countv— Dept of Utilities (OWNER)
From: Blue Goose_ Construction. LLC (CONTRACTOR)
Contract: 2015001
Project: 3" Galvanized Water Main Replacement — Vista Royal
OWNER's Contract No. ENGINEER's Contract No.
ENGINEER Mr. Gordon Sparks.
(1s)
pt
tact,detailed;schedule::andi'coes of all ai 'invoices
_ --
1. Original Contract Price: $71,442.93
2. Net change by Change Orders and Written Amendments (+ or $0.00
3. Current Contract Price (1 plus 2): $71,442.93
4. Total completed and stored to date: $71,442.93
5. Retainage (per Agreement):
% of completed Work: $
% of retainage: $
Total Retainage: $0.00
6. Total completed and stored to date less retainage (4 minus 5): $71,442.93
7. Less previous Application for Payments: $0.00
8. DUE THIS APPLICATION 6 MINUS 7): $71.442.93
CONTRACTOR'S CERTIFICATION:
I hereby certify that the labor and materials listed on this request for payment have been used in the
construction of this work and payment received from the last request for payment has been used to
make payments to all subcontractors, laborers, material men and suppliers, except as noted below.
The acceptance of final payment shall be and shall operate as a release of the OWNER from all
claims and all liability to the CONTRACTOR other than claims in stated amounts as may be
specifically excepted by the CONTRACTOR for all things done or furnished in connection with this
Work and for every act and neglect of the OWNER and others relating to or arising out of this Work.
Any payment, however, final or otherwise, shall not release the CONTRACTOR or his sureties from
any obligations under the Contract Documents or the Payment and Performance Bonds.
Dated 9/24/2015 �
(CONTRACTOR)
By: Robert S. Holmes
State of OC i do-
County of -CL Ci
Subscribed and sworn to before me this :'' DENISE SMITH
day of
MY COMMISSION ii FF910496
EXPIRES November 07,2019
Notary Public Fl&WeNm yssftire Can,
My Commission expires: I t 1
00622-Contractor's Application for Final Payment-Per Marian
00622-1 1�1 1
C:1UserslghamptonlAppDatalLoca[Microsoft\Windows\Temporary Internet FleslContent.OutlooklLRHJTTRF100622-Contractor's Application for Final Payment-Per Marian.doc Rev. 1/4
05M t
CERTIFICATION OF &R ENGINEER (WHERE APPLICABLE):
I certify that I have checked and verify the above and foregoing Periodic Estimate for Partial
Payment; that to the best of my knowledge and belief it is a true and correct statement of the work
performed and/or material supplied by the Contractor.
Dated i�— 23---15--
(k eHf+E-CT/ ENGI ER) SIGNATURE
CERTIFICATION OF ENGINEER / INSPECTOR:
I have checked the estimate against the Contractor's Schedule of Amounts for Contract
Payments and the notes and reports of my inspections of the project. It is my opinion that this
statement of work performed and/or materials supplied is accurate, that the Contractor is observing
the requirements of the Contract, and that the Contractor should be paid the amount requested
above.
Dated z`�
(ARCHIT CT/ GINEER) SIGN RE
Accompanying Documentation:
* * END OF SECTION
00622-2 00622-Contractor's Application for Final Payment-Per Marian
CAUsers\ghampton\AppData\LocalUcrosoft\Windows\Temporary Internet Fles\Content.Outlook\LRHJTTRF\00622•Contractors Application for Final Payment-Per Marian.doc Rev. 175
05/01
i
I
ver .nh -0"'-0"'
n t ter
LABOR COST ESTIMATE FROM CONTRACTOR'S BID ITEM LIST
BLUE GOOSE.CONSTRUCTION
Pm)rct VISTA ROVAL 7"GALVANIZED WATER MAIN REPLACEMENT
Date•. February 11,2015
ME,0,114 BIISII LABOR COST
Did Bld Item Estimated Unit of Labor Unit Tata)Lobos
Item Na. Deseri tin. •art Meos." Price Price
71 Al billotlnn.Demeblllrad.m MOT 1.0 I_-% -_-0.10 15,201.75
07a I Install 2"HDPE Blne Stripe DI"mlon.l Ddll(DRI II InNorling f.slan of 300.0 LF SJJ15 510.00.5.00
oloe and Btdnn Water Service
Olb _Iam"4"Biae PVC Water MAI. 110.0 LF Will 5440.00
__07. 1osn0 4"HDPE Bl.,Stripe Directional Drill(DRI 1)1nriadl.g farina M 840.0 LF &1J 15 528.014.00
orae and fitn.es
Install M"hanlcal Resimined Joint DI Fltilnm 0.5 TON $4,100.00 S2.IK0.00
_ 16. Install 3-Wet Tart./role vnlve 2.0 EA 5900.00 $1,800.00
19n Install 4"CVAB `-_-- 2.0 EA. 585.00 5170.00
23 Test Noin/Pinholes I 22.0EA. 5230.00 &5.500.00
mos
29. Fill.press."lest.ehlodne and flush water main 1,220.0 LF 5110 S1,8J0.00
70c Take Bamerial S.mpleli7ellver 1.I.ob u I 10.0 I EA 5150.00_ SI100.00
(.5 _SS.c.L Rem-e and Dlsome.f AMhnit Pavement 1.0 TON 523.001 525.00
66. Install Amholt Cement Twe Sd Over C.ropaeted Rose 1.0 TON &12.00 &12.00
_ 67b Remma Dbome (and Rmlaee Rock Base Came 1.0 TON SIJ.00 513.00
67e Re.rovu Dlmme of and Replace StablBred S.berude 1.0 TON 113.00 SI3.00
116. Lawn Restoration(Topsail and Sod) 278 !� SV 52.25 562510
Subtotal Subte.nl Water Svrtem L.bor and M.t,rtnh _ T &52,01710
70 Record D-A.Cs per IRCDUS Standards -� I -1_ 1.5 &1.000.00
Snblolnl S.btmnl Water S)vtem Lab-,Mab.Demnh"MOT.Materials, A 560,219,25
Pertaining
Fo"e IRC DUS Contingency Aee9.nt I EA 5(.021.97
Fare,
TOTAL LABOR S71,442.9.1
I
1..t
INDIAN RIVER COUNTY FLORIDA
DEPARTMENT OF UTILITY SERVICES
Date: September 23, 2015
To: Joseph A. Baird, County Administrator
From: Vincent Burke, P.E., Director of Utility Services
Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager
Terry Southard, Utility Operations Manager 'NA'
Subject: Second Extension to Agreement for IRC Bid No. 2012010 to
Maintain and Operate the West Regional Wetlands System.
DESCRIPTIONS AND CONDITIONS:
On November 151, 2011, the Indian River County Board of County Commissioners (BCC) approved
entering into an agreement with Florida Environmental Consulting, Inc., (FEC) as the lowest, most
responsive, and responsible bidder meeting the specifications as set forth in the Invitation to Bid to
maintain and operate the wetlands at the West Regional Waste Water Treatment Facility(WRWWTF)
located at 8405 8th Street, Vero Beach.
This facility currently receives treated effluent from WRWWTF. FEC will maintain and operate the
wetlands at WRWWTF. FEC's responsibilities will include the management of an existing 4.0 million
gallons per day (mgd) Average Annual Daily Flow (AADF) permitted capacity system consisting of a
169± acre wetland treatment/reuse system. The system includes an influent deep settling pond,
overland flow through nine (9) deep marsh cells, and three (3) shallow marsh cells to a final storage
outfall cell.
ANALYSIS:
The original agreement entered into with FEC stipulated for an initial term of three (3)years,with the
County retaining the option to extend the Agreement for up to two (2) additional twelve month term
extensions. The County opted to exercise one (1)twelve month extension on November 1,2014. Due
to FEC's past satisfactory performance, it is staff's determination that a renewal is in the best interest
of the County for the second (2nd) and final one (1) year extension.
FUNDING:
Funds for this project are derived from the other professional services in the operating fund. Operating
funds are generated from water and sewer sales.
177
I
'DESCRIPTION . ACCO.UN-T, -;NUfVI_BER AMOUNT
i` —
TF`Wefl'arid47+121836=
WRWW -
I= ;$34QOOQQ; .
:Professional Services -
s:
RECOMMENDATION:
The staff of the Utilities Department recommends that the Board of County Commissioners approve
the attached second (2nd) and final one (1) year extension agreement and authorize the Chairman to
execute said agreement.
ATTACHMENT(s):
1. Second Extension to Agreement for IRC Bid No. 2012010 Maintain and Operate the West
Regional Wetlands System.
APPROVED FOR AGENDA:
By: [ J� Indian River Co. App d Date
Josep A. Baird, County Administrator Administration /y
Legal
i
Fo ' Budget
Date Utilities 9
Utilities-Finance
Purchasing 94 '
F:\Utilities\UTILITY-Engineering\WWTF-West Regional\Agenda Items\Agenda Contract Renewal-FEC 9-18-15.docx
178
SECOND EXTENSION TO AGREEMENT FOR IRC BID NO. 2012010
MAINTAIN AND OPERATE THE WEST REGIONAL WETLANDS SYSTEM
THIS EXTENSION AND AMENDMENT to CONTRACT AGREEMENT("Amendment") is entered into
as of this 1st day of November, 2015, by and between INDIAN RIVER COUNTY, a political
subdivision of the State of Florida, ("COUNTY"), and FLORIDA ENVIRONMENTAL CONSULTING,
-INC. ("CONTRACTOR").
BACKGROUND RECITALS
A. The COUNTY and CONTRACTOR entered into an Agreement for the Management of a
created wetland treatment/reuse system at the West Regional WWTF on November 1,
2011 (the "Agreement"), in response to Indian River County Bid 2012010.
B. Per Article 2 of the Agreement, the initial term of the Agreement was three years.
C. Per Article 2 of the Agreement, COUNTY has the option to extend the Agreement for two
additional one-year periods.
D. Both,the COUNTY and CONTRACTOR wish to extend the Agreement for the second of the
two available one-year periods.
NOW THEREFORE, in accordance with the mutual covenants herein contained and other good
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties agree as follows:
1. The above background recitals are true and correct and are incorporated herein.
2. EXTENSION TERM.The County hereby extends the Initial Term set forth in Article 2 of the
Agreement until October 31, 2016.
3. All other provisions of the Agreement shall remain in full force and effect.
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179
r
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date
first written above.
Florida Environmental Consulting, Inc. INDIAN RIVER COUNTY
By its Board of County Commissioners
By:
Printed-N,&r1e:Ti of>(y. Maslin r By:
tale: President Wesley S. Davis, Chairman
Date: 9/?,1 .'
INDIAN RIVER COUNTY Date Approved by BCC:
Attest:Jeffrey R.Smith,Clerk of the Circuit Court
and Comptroller
By:
Deputy Clerk
proved:
epfiAqaifd e
unty Adtninistrator
Approved as to form and legal
sufficiency:
t--Dylan Reingold
County Attorney
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Regional\Agenda Items\SECOND EXTENSION TO AGREEMENT FOR FEC.docx
180
i
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM r�
TO: Joseph A. Baird, County Administrator
THROUGH: Christopher R. Mora, P.E., Public Works Director
FROM: Richard B. Szpyrka, P.E.,Assistant Public Works Directo
SUBJECT: Work Order No. 1—Wantman Group,Inc. (fka Bridge Design Associates, Inc.)
43rd Avenue Bridge over IRFWCD South Relief Canal Railing Repair
IRC Project No. 1523
DATE: September 15, 2015
DESCRIPTION AND CONDITIONS
On November 15, 2011, the Board of County Commissioners approved the Continuing Contract for
Professional Services with Bridge Design Associates, Inc.and on November 4,2014,approved an Extension
and Amendment of the Continuing Contract. The Board of County Commissioners approved the assignment
of the Continuing Contract Agreement for Professional Services from Bridge Design Associates, Inc. to
Wantman Group, Inc.for structural engineering services on August 18, 2015.
On October 30,2014,a County vehicle accidentally struck and damaged the railing of the 43rd Avenue Bridge
over the IRFWCD South Relief Canal. Repairs are necessary at this time. Work Order No. 1 to Wantman
Group, Inc. is to provide design and permitting for repair of the damaged bridge railing.
FUNDING
Funding is budgeted in Account No. 50224619-034530, General Liability Insurance, in the amount of
$8,326.00.
RECOMMENDATION
Staff recommends approval of Work Order No. 1 to Wantman Group, Inc.authorizing the above-mentioned
professional services as outlined in the attached Scope of Services(Exhibit"A")and requests the Board to
authorize the Chairman to execute the attached Work Order No. 1 on their behalf for a not to exceed
amount of$8,326.00.
ATTACHMENTS
Work Order No. 1
Scope of Services(Exhibit "A")
Indian River County rovedDate
DISTRIBUTION Administration /ah ! /
Wantman Group, Inc.
Bud`t 2
Risk Management
APPROVED AGENDA ITEM
Legal {�Public Works 4.. 0
FOR October 6 2015 /
�J Engineering c/j7
BY
-\Public Works\ENGINEERING DIVISION PROJECTS\1523-43rd Ave Bridge_S Rel Canal-Railing Repair\Admin\agenda items\BCC 181
Memo WO No 1 43rd Ave Brdg.doc
WORK ORDER NO. 1
43RD AVENUE BRIDGE OVER-IRFWCD SOUTH RELIEF CANAL RAILING REPAIR
IRC NO. 1523
This Work Order Number 1 is entered into as of this day of 12015,
pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15,
2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional
Services entered into as of the 4h day of November, 2014 (collectively referred to as the "Agreement"), by
and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and
Wantman Group, Inc. ("Consultant") (fka Bridge Design Associates, Inc.).
The COUNTY has selected the Consultant to perform the professional services set forth on
Exhibit "A" (Scope of Work), attached to this Work Order and made part hereof by this reference.
The professional services will be performed by the Consultant for the fee schedule set forth in
Exhibit "A" (Fee Schedule), attached to this Work Order and made a part hereof by this reference.
The Consultant will perform the professional services within the timeframe.more particularly set
forth in Exhibit "A" (Time Schedule), attached to this Work Order and made a part hereof by this
reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to
paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the
terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in
each individual Work Order as if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order No. 1 as of the
date first written above.
CONSULTANT: BOARD OF COUNTY COMMISSIONERS
WANTM7GRP, INC. OF INDIAN RIVER COUNTY
By: By:
Wesley S. Davis, Chairman
Title: Structures Project
Principal
BCC Approved Date:
Attest:Jeffrey R.Smith,Clerk of Court and Comptroller
By:
uty Clerk
Approved:
1
eph . Baird, County Ad inistrator
Approved as to form and legal sufficiency
Ian T. Rei gold, County Attorney
182
WGITM
September 11, 2015
Indian River County
1801 27h Street
Vero Beach, Florida 32960
Attention: Richard B. Szpyrka, P.E.
Project: 4V Avenue Bridge over South Relief Canal Bridge Railing Repair
Indian River County No. 1523
Dear Rich:
Pursuant to the County's request, Wantman Group Inc. (WGI) can provide the necessary
engineering services for the proposed repairs to the damaged railing.
Based on our discussions with staff, we will review modifying the current post and beam traffic
railing by utilizing a retrofit guardrail system as shown in FDOT Index 470's or by modifying to a
crash tested barrier system.
In order to provide the necessary design and detailing we will obtain field measurements of the
existing bridge and obtain a site topographical survey of the bridge site and canal banks on all four
comers of the bridge within the existing roadway rights-of-way.
Our team will also submit to Indian River Farms Water Control District for a permit to modify the
current guardrails inside their right-of-way.
Our services will include plans and specifications and details necessary to bid the project.
Indian River County will provide the necessary survey.
Our design.will be based on current FDOT and Indian River County Standards.
We will provide 5 signed and sealed sets of completed plans as well as an electronic version for
your use.
The attached Exhibit°A" is an approximate hourly breakdown by task for our services based on our
approved hourly rates under our Continual Contract Agreement.
Permit fees are not included in our proposal.
WGI proposed to complete the work 60 days following notice to proceed.
If you have any questions, please give me a call.
ResfC. Rheauk,
,
B n P.E., #38797
S:\2015-Jobsk—Proposals\43rd over S Relief Canal railing101 Admin\Proposalslproposal 09-11-15.docx
t: f: wantmangroup
183
I
BRIDGE DESIGN ASSOCIATES,INC.
43RD AVENUE OVER SOUTH RELIEF CANAL
BRIDGE RAILING REPAIR
September 11,2015
HOURLY BREAKDOWN OF SERVICES
EXHIBIT W
PROJECT PROJECT FIELD REP CAD TOTAL LABOR
TTVFMG;ER ENORMER El TECHNICIAN HOURS COST
� � MIABY BY
ACTIVITY AC7MTY
$185A0 582.00 580.00 (83.00
Coordinetim Meetinp 4.0 4.0 $740.00
Site Visit 5A 5.0 10.0 5680.00
peop&Detaillm 2.0 6.0 6.0 24.0 38D $3,834.00
Plena&DeteU6 4A 8A 12.0 $1,476.00
Peffnftbng ADWimbon 2.0 4.0 4.0 6.0 16.0 $1,816.00
TOTAL NIANHOURS 12D 23D 15.0 30.0 80.0
DIRECT LABOR COST $2.220.0D $2,116.00 51=00 $2.780.00 58,328.00
18,328.00
S12015-Jo \-Plgm ts143td over 5 ROM Cam rsW*V Aftk WMPoselslEsfifCB A 08-11-1 Sada
184
i
1
PWILICHEARING
INDIAN RIVER COUNTY, FLORIDA LDR AiNWNDINIENT
MEMORANDUM
TO: Joseph A. Baird; County Administrator
DEPARTMENT HEAD CONCURRENCE:
Stan Boling, AICP; Community Development Director
DATE: September 25, 2015
SUBJECT: Consideration of Proposed Parking Regulations for Vacation Rentals ("Ordinance 1
Amending Land Development Regulations Chapters 901 (Definitions), 911 (Zoning), and
912 (Single-Family Development)
It is requested that the data herein presented be given formal consideration by the Board of County
Commissioners at its regular meeting of October 6, 2015.
This item was considered at a public hearing on September 22, 2015. That public hearing was
continued to the October 6, 2015 Board meeting. The staff report prepared for the September 22
meeting is provided below and has not been changed since the September 22"d meeting.
BACKGROUND
At its February 10, 2015 meeting, the Board of County Commissioners (Board) heard a presentation from
Dr. Miles Conway regarding vacation rentals, including parking conditions at a vacation rental adjacent to
his property on south SR A-1-A (see attachment#1). That vacation rental, whose owner is represented by
attorney Barry Segal, is the subject of a Code Enforcement Board action which has been appealed to
circuit court.
After hearing from Dr. Conway, Mr. Segal, and others at the February meeting, the Board voted
unanimously to direct staff to draft parking regulations for vacation rentals. Based on that directive,
Community Development staff and Deputy County Attorney Bill DeBraal conducted research and drafted
an LDR (land development regulation) amendment ordinance establishing vacation rental parking
regulations for the Board's initial review as a departmental discussion item at the May 5, 2015 Board
meeting.
At its May 5, 2015 meeting, the Board heard from staff and a number of parties. At the end of discussion,
the Board voted unanimously to "approve" staff's recommended ordinance and directed staff to initiate
the formal LDR amendment process (see attachment #2). For the proposed amendment, that process
involves one public hearing before the Planning & Zoning Commission (PZC) and one public hearing
before the Board. Staff prepared a revised vacation rental parking regulation ordinance ("Ordinance 1")
for the PZC's consideration, and after input at the PZC hearing, prepared a further revised ordinance for
the Board's consideration.
MAAGENDA\Cuaent Year\2015\104-15 Continued ParkingRegsVacRentalsOrdinance.do" t 185
1
It should be noted that at the May 5`" meeting, the Board also voted unanimously to direct staff to draft
and process an ordinance prohibiting commercial events such as weddings and reunions at single-family
residences (see attachment #2). That ordinance ("Ordinance 2") has been drafted by the Deputy County
Attorney, with input from planning staff, and will be considered separately from "Ordinance I". Both
ordinances were considered consecutively at the same PZC meeting (August 13, 2015) and are scheduled
for consideration at the same Board meeting (September 22, 2015).
PZC ACTION
At its August 13, 2015 meeting, the PZC considered the vacation rental parking ordinance (Ordinance #1)
at a public hearing and voted 5-1 to recommend that the Board adopt the proposed ordinance with one
modification (see attachment 9). That modification was to delete the provision proposed by staff to allow
on-site, excess day time parking spaces (overflow spaces) if specially buffered and site plan approved.
Thus, staff recommends a provision for special overflow parking and the PZC recommends that no such
provision be included in the ordinance.
The BCC is now to consider"Ordinance 1" and is to adopt, adopt with changes, or reject the ordinance.
ANALYSIS
The term "vacation rentals" generally refers to residential units rented-out for.short-term stays, typically
for periods of one week or less. In high tourist areas across the nation, including many parts of Florida,
vacation rentals are popular and controversial to varying degrees. Staff's research indicates that many
local government regulations do not specifically treat "vacation rentals" except through interpretations of
regulations for residential units or lodging units (e.g. hotels, motels, bed and breakfast use categories).
Staff has also found that some communities, such as those in the Florida Keys (e.g. Monroe County), have
extensive vacation rental regulations and local licensing requirements.
History of County Regulations, State Pre-emption, and Local Complaints
Indian River County's history of vacation rental regulations, together with the State's recent actions to
pre-empt local vacation rental regulations, and local complaints related to vacation rentals are summarized
as follows.
• 1980s to 2012: County code was interpreted to classify any residential unit rented for a period of less
than 30 days as a lodging unit requiring commercial zoning or approval as a bed and breakfast or
residential resort (e.g. the Disney Resort at SR A-1-A and CR 510). During this period, occasional
code enforcement activity occurred when staff received complaints about a vacation rental in a
residential area(e.g. Summerplace, Roseland).
• 2011: State law was enacted pre-empting local governments from prohibiting, restricting, or
regulating short term/vacation rentals. Local ordinances in place prior to June 1, 2011 were
grandfathered-in.
6 2012: As part of an extensive LDR clean-up, staff proposed numerous modifications to the County
code, including a modification to clarify the 30 day rental period applied to residential units since the
1980s. During the PZC and Board hearings for those amendments, vacation rentals owner Glenn
Powell spoke against the modification and the prohibition interpretation of the old code. At the June
19, 2012 and July 10, 2012 Board hearings, County Attorney Alan Polackwich indicated that the
existing code had a legal "gray area"that staff was trying to address with a proposed modification.
WAGENDA\Current Year\2015\I O-&IS Continued ParkingRegs VacRentalsOrdinanee.doc 2 186
I
During discussion at the June meeting, Board members indicated that vacation rentals can be properly
run and that by explicitly making them legal, many could "come out of the shadows" and be properly
licensed by the state. At the July 10, 2012 hearing, the Board adopted an ordinance that specifically
allows residential units to be rented-out for any period of time (daily, weekly, or longer). At that
hearing, the Board directed staff to develop a mechanism to handle complaints and ensure that known
vacation rentals get properly licensed by the state. Excerpts of minutes from both Board hearings are
attached (see attachment #3)
2012 — Present: Since the July 2012 code change, code enforcement staff has handled and
maintained a log of general inquiries and complaints related to vacation rentals. Site specific
complaints are investigated and turned over to the state Department of Professional Business
Regulation (DPBR) for its determination on whether or not a state vacation rental dwelling license is
required. State investigations can take several months, especially if rental activity is minimal. While
a state investigation is active, the state will not provide code enforcement staff any information about
the investigation. Violations of local regulations, if any, are handled through normal code
enforcement procedures. Upon a determination by the state that a license is required, and upon
issuance of a state license, staff notifies the license holder about County residential parking
requirements, and informs the clerk's office (see attachment#4).
Since July 2012, staff has received 5 general inquiries and 10 site-specific complaints regarding
vacation rentals which included complaints about parking and impaired traffic flow. Of those 10
complaints, 5 were determined not to be used as a vacation rental, 2 were issued state licenses, and 3
have open investigations by the state. A copy of the current log is attached (see attachment #6).
Based on that data, it appears that the number of site specific complaints in the unincorporated county
has been relatively low, so far. Nonetheless, since July 2012, the percentage of unincorporated county
site-specific vacation rental parking/traffic complaints compared to the total estimated number of
vacation rentals in the unincorporated county (+ 4%) exceeded the percentage of unincorporated
county parking/traffic complaints related to conventional residences (+ 2.4%) during the same three
year period.
In addition, recent research conducted by the County Attorney's Office indicates that there may be
more'than 375 vacation rental units county-wide that are offered for rent on the internet. It appears
that roughly 250 vacation rental units are offered for rent in the unincorporated county. Planning staff
research indicates that numerous local governments in Florida and other high tourist areas have
experienced parking problems related to vacation rentals due to the frequency of larger than normal
parking demands for such units. Such parking problems are reflected in recent position papers issued
by the Florida League of Cities. Furthermore, the rise of internet and hand-held device tools and
applications, together with the rise of management agencies, will make the marketing and
management of vacation rentals easier. Consequently, the potential for increased vacation rental
activity and related parking/traffic nuisances in the unincorporated county may be significant without
proper parking regulations specific to vacation rentals.
• 2014: The 2011 state law was modified to allow local regulation of vacation rentals but still pre-
empted local governments from prohibiting vacation rentals or regulating the duration or frequency of
vacation rentals.
NIAAGENDA\Current Year\2015\10.6.15 Cominued ParldngRegsVacRentalsOrdinance.do" 3 187
I
i
2014/2015: The south SR A-1-A ("Segal") case was heard by the Code Enforcement Board (CEB).
In that case, the CEB voted 4-1 to find a violation of parking location regulations and entered a i
continuing order "that parking not occur in anything other than the designated parking area". The ;
vacation rental owner appealed the CEB decision to circuit court. That lawsuit is currently pending.
In February and May 2015, the Board considered vacation rental issues and directed staff to initiate
adoption of vacation rental parking regulations and an ordinance prohibiting renting-out a single-
family residence for special events such as weddings and reunions.
On July 14, 2015, the Board adopted a resolution establishing an advisory committee to make
recommendations to the Board regarding any additional local regulations needed beyond the parking
regulations ordinance and event prohibition ordinance already being considered. That committee,
which will automatically sunset within one year of its first meeting or when it makes
recommendations to the Board (whichever occurs first), will be known as the Short Term Vacation
Rental Advisory Committee. In August, Commissioners made their district appointments to the
committee, and the Board voted to appoint two at-large members and one alternate for the south beach
property owners association representative who serves on the committee. Staff anticipates that the
committee will convene this fall.
Existing Indian River County Residential Parking Regulations
Regulations on the number and location of automobiles regularly parked at a single-family residence are
intended to maintain the visual/aesthetic character of residential neighborhoods, while accommodating
parking needs. For any residential unit, the general parking minimum is two spaces per unit. That
parking standard minimum is typical for most jurisdictions and for a single-family residence is easily met
by providing a standard driveway. Current County parking regulations for a single-family zoned lot allow
a maximum of 3 automobiles (not including RVs, which are separately regulated) to be parked outside'an
unenclosed area, with two exceptions. One exception allows for one additional vehicle for each licensed
driver permanently residing at the residence. The second exception allows the parking of automobiles by
persons visiting the residence without those automobiles counting toward the previously described
limitations. The current regulations also prohibit parking within a required yard such as within the front
yard setback area of a lot. It should be noted that in general, a car may be parked (but not stored) within a
public local road right-of-way.
It is staff s position that the existing code's exception for parking by persons visiting the residence (the
second exception described above) is not intended to apply to vacation unit renters or "guests" of the
vacation unit renters. Although the current code is not clear on that point, that issue will be clarified and
addressed through adoption of the "Ordinance 1" amendment now being considered.
Comparison of Parking Standards for Vacation Rentals
Staff has researched vacation rental parking standards and obtained information from nine Florida local
governments as well as information from six out-of-state local jurisdictions (see attachment #7). Staff's
research indicates that Vero Beach specifically prohibits vacation rentals and therefore has no standards
relating to that use. Neither Fellsmere nor Sebastian have specific standards for vacation rentals, the same
as Indian River County.
Several of the surveyed jurisdictions specifically restrict vacation rental parking locations to driveways
and designated areas (Islamorada, Bal Harbor Village, and communities in California and Nevada). With
respect to regulating the number of parking spaces, several jurisdictions require a minimum number of
spaces or fraction of a space per room. A few jurisdictions limit the maximum number of spaces based on
the number of designated spaces shown on a local government vacation rental application.
M:.AGENDATurrent Ye \2015k]0-6-15 Continued ParidngRegsVacRentalsOrdinence.docs 4 188
Proposed Ordinance
Based on the Board's direction, items brought up during the May 5`h meeting, and comments provided to
staff by interested parties, staff revised and re-formatted the draft ordinance resulting in the proposed
ordinance now under consideration(see attachment 10).
The proposed ordinance defines the term"vacation rental", clarifies existing parking regulations for single
family residences in general, and establishes parking regulations specific to vacation rentals. As
structured, the proposed "vacation rental" definition closely follows the state's definition of such use for
state vacation rental dwelling licensing purposes. Thus, any unit "advertised or held out to the public" for
regular rental for a period of less than 30 days will be considered a vacation rental. Consequently, the
County's definition will "capture" every short term rental unit that requires a state license.
As structured, the proposed ordinance clarifies the County's current regulations by referring to "carport or
garage" parking areas rather than referring to enclosed or unenclosed parking areas. The proposed
ordinance also establishes automobile parking maximums for vacation rentals. As currently proposed, for
vacation rentals with a garage and/or carport, the maximum number of parked automobiles is the total
number of garage/carport spaces plus one space per bedroom not to exceed 5 automobiles parked outside
a garage/carport. For vacation rentals with no garage or carport, the current proposal limits the total
number of parked automobiles to 2 plus one space per bedroom not to exceed a total of 5 automobiles on
site. For all vacation rentals, all automobiles except service and delivery vehicles are required to be
parked on-site and not parked within a road right-of-way except within a designated and improved or
stabilized driveway(a portion of which typically lies within a road right-of-way).
In addition to the parking limitations described above, a vacation rental unit may provide for "excess"
parking spaces if such spaces meet parking location requirements and are visually screened from view
from any adjacent public or private street by a 15' — 20' wide Type "C" landscape buffer with 6' opaque
feature. As proposed, excess spaces cannot be occupied between 10 pm and 8 am, must be reviewed and
approved by planning staff through the administrative approval site plan process, and must comply with
standards applied by Traffic Engineering and Fire Prevention. In practice, the current proposal to allow
excess spaces will be useable on larger sites, will maintain visual compatibility from the view from
adjacent streets, and will accommodate larger numbers of parked automobiles thereby accommodating
larger numbers of people at vacation rentals situated on larger sites. As noted earlier in this report, the
PZC has recommended deletion of the excess parking space provision while staff recommends
adoption of that provision as part of the ordinance, as shown on pages 2 and 3 of the proposed
ordinance as section 911.15(4)(b)4 and 912.17(2)(b)4 [see attachment#10].
Issues Other Than Parking
During the May 5 1 Board meeting, staff presented and discussed issues and concerns other than parking
that have been raised during discussion of vacation rentals. Those issues are discussed below.
— Event Sites
One issue relates to use of vacation rentals or any single-family residence rented-out for events involving
large gatherings of people, such as weddings, reunions, and other events characterized by music, dancing,
catered food, tents, or outdoor tables. Staff's initial review with the Deputy County Attorney indicated
that the County could prohibit or separately regulate the renting of a residence (conventional residence or
vacation rental) for compensation for a large gathering event. Since that initial review, the Deputy
WAGENDA\Current Year\2015\10.6.15 Continued ParkingRegsVacRentalsOrdinance.do" 5 189
County Attorney has confirmed his opinion that enacting an outright prohibition on using a rented-out
residence for a special event is justifiable and legal. That opinion seems to be supported by the June 22, j
2015 Florida 151 District Court opinion in the Bennet v Walton County case. In that case, the court found 1
it reasonable for Walton County to allow customary occasional events such as house parties and wedding
celebrations at a conventional residence while prohibiting similar events at a particular home that was
rented-out and used frequently for such events.
With respect to the event issue, the Deputy County Attorney, with input from planning staff, has drafted a
proposed ordinance that would prohibit renting-out (for compensation) any single-family residence for a
special event such as a wedding or reunion. Since the August 13, 2015 PZC hearing, staff has added to
the special event prohibition ordinance an exception for events scheduled (contracted) prior to the
September 22"d Board hearing that are to be held within one year. In addition, a provision has been added
to the ordinance to allow special events on large (4+ acre) agricultural sites subject to obtaining a
temporary use permit (TUP) from planning staff. The special events prohibition ordinance ("Ordinance
#2) is scheduled for consideration immediately after the Board's consideration of the proposed vacation
rental parking regulations ("Ordinance I"). In staff's opinion, "Ordinance 2" adequately addresses the
event site issue.
— Fire Safety
Another issue raised relates to fire safety for vacation rentals. In response to that issue, County Fire
Prevention staff coordinated with DBPR (Florida Department of Business and Professional Regulation)
staff. According to DBPR staff, a licensed vacation rental is required to have functioning smoke detectors
and a fire extinguisher. Actual site inspections by DBPR staff, however, appear to be rare and are
scheduled only in response to complaints. Inspections of vacation rentals by County Fire Prevention are
not currently provided in the county code. Consequently, local inspections of vacation rentals for smoke
detectors and fire extinguishers cannot be required without a change to the county code. At the May 5'
Board meeting, Fire Prevention indicated that fire code occupancy loads were not applicable to a
residential unit. Staff's position is that occupancy limits for vacation rental units would not be practical to
monitor or enforce. In staff's opinion, the issue of fire safety will likely be evaluated in the future by the
Short Term Vacation Rental Advisory Committee.
— Citation Powers & Fines
Based on Florida Statutes Chapters 162 and 489, County Code Section 103.07, and County Resolution
No. 92-59, County code enforcement officers have the power to issue citations for various violations
subject to specific procedures. Those procedures include issuance of a warning for an initial violation
with time given for compliance. A violation that occurs thereafter may be cited per occurrence. Under
the citation resolution currently in place, a $50 citation may be issued for each vehicle in violation of a
parking regulation after a warning has been issued to the owner of the premises. Specific types of
violations and associated fine amounts could be added to the County's current citation schedule by
adoption of a resolution, as was done in 2013 when fertilizer ordinance violations were added to the
schedule by Resolution No. 2013-089. County code section 103.07, Resolution No. 92-59, and a citation
procedures flowchart are attached (see attachment #8). In staff's opinion, citation powers and fine
amounts will likely be evaluated in the future by the Short Term Vacation Rental Advisory Committee.
— Local License & Rental Management Contact Information
In order to better coordinate with various departments/agencies and better manage compliance with local
and state requirements (e.g. parking regulations, special event prohibition, state license, local tourist tax,
WAGENDMCurrent Year\2015\I0-6-15 Continued ParkingRegsVacRentalsOrdinance.docx 6 1901,
i
business tax receipt) a local vacation rental license requirement could be established. Such a license
could involve a simple submittal and review process to ensure that applicants read and acknowledge local
requirements, and provide up-to-date local manager contact information. That information could be use
by staff and shared with property owners associations to facilitate timely contact in the event that
compliance or unit management problems arise. In staff's opinion, it is likely that requirements for local
licensing and local management contact information will be evaluated in the future by the Short Term
Vacation Rental Advisory Committee.
CONCLUSION
The proposed vacation rental parking regulations ("Ordinance 1"), if adopted, will reasonably
accommodate and limit the number of automobiles parked outside of carports and garages at vacation
rentals. In addition, the proposed regulations appropriately limit parking locations at vacation rentals to
carports, garages, and driveways. The proposed regulations also allow for properly screened and located
day-time excess parking spaces which can be accommodated on larger sites. In staff's opinion, the
proposed ordinance adequately addresses the issue of parking at vacation rentals.
As described above, there are several vacation .rental issues other than parking that are being addressed
separately from consideration of the proposed parking regulations. The issue of renting-out a residence
for special events such as a wedding or reunion is being addressed via consideration of a proposed
ordinance that will prohibit that activity ("Ordinance 2"). Other issues, such as fire safety, citation
powers and fines, and local license and rental management contact information will likely be addressed
via the recently established Short Term Vacation Rental Advisory Committee.
RECOMMENDATION
Staff recommends that the Board of County Commissioners adopt the proposed ordinance ("Ordinance
I") establishing vacation rental parking regulations.
ATTACHMENTS
I
1. Excerpt from February 10, 2015 BOARD Minutes
2. Excerpt from May 5, 2015 BOARD Minutes
3. Excerpts from June 19, 2012 and July 10, 2012 BOARD Minutes
4. Sample Notice to Owner of Vacation Rental Regarding Residential Parking Requirements
5. Sample Vacation Rental Dwelling State License Details
6. Log of Vacation Rental Complaints
7. Chart: Comparison of Parking Standards for Vacation Rentals
8. County Citation Powers Documents
9. PZC Minutes from August 13, 2015 Meeting
10. Proposed"Ordinance 1" (Vacation Rental Parking Regulations)
APPROVED AGENDA ITEM: Indian River Co, A r ved Date
Admin. 0 h
FOR: October 6 2015 Legal
Budget
BY: > Dept.Risk Mgr.
Mgr. —--
MAAGE\D C/entYear\2015\10-6-15 Continued ParkingRegsVacRentalsOrdinance.docn 191
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Shores had adopted a Resolution regarding the Florida '
Auditor General's audit of the Florida Municipal Power
Agency and the plans of the City of Vero Beach, in response
to that audit. He asked fellow Commissioners if they wished
to draft a similar Resolution.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner O'Bryan, the Board unanimously directed the
County Attorney's Office to: (1) draft a Resolution similar to
one that was adopted by the Town of Indian River Shores
with regards to the Florida Municipal Power Agency's
preliminary, and tentative audit findings and
recommendation concerning the Florida Municipal Power
Agency (FMPA), and the plans of the City of Vero Beach in
response to that audit report, and (2) bring back the draft
Resolution for Board review.
C. Commissioner Joseph E.Flescher
None
D. Commissioner Peter D. O'Bryan
1:30 1. Parking for Vacation Rentals
p.m. (memorandum dated January 26,_2015) .......................................
- -- 302-314
------------------
(Clerk's Note: This item was heard following Item 13.F.
Update on the Public Service Commission Meeting, and is
placed here for continuity).
Commissioner O'Bryan reported that on August 18, 2014, a
Code Enforcement Board Order was filed against Michael D.
Dudek for residential parking violations at his vacation rental
property in the White Surf Subdivision, and that 'Mr.
Dudek's attorney,Barry G. Segal, has filed a challenge to that
Order. Commissioner O'Bryan explained that the volume of
renters at the home has led to parking issues with the
adjoining property owners, Dr. Miles Conway, Dr. Walter
Forman, and Dr. Thomas Gillman, and proposed that the
County Attorney's office draft an Ordinance regulating
parking at vacation rentals, with the maximum number of
allowable cars tied to the size of the home.
There was a brief discussion among the Board about vacation
rentals in residential areas.
Dr. Miles Conway, 2340 South Highway AIA, stated that he,
Dr. Thomas Gillman, and Dr. Walter Forman, are in civil
litigation with Mr. Dudek, because they have been putting up
with untenable conditions for over a year. He noted that he
resides in the Kansas City Colony subdivision, just north of
Board of County Commission Minutes Page 19
February 10,2015
ATTACHMENT 192
the White Surf Subdivision, and that the other two property
owners live in the;same subdivision as Mr. Dudek. He
presented supporting evidence that the transient rentals are
negatively impacting his quality of life and that of Drs.
Gilman and Forman, as well as other beachfront property
owners. Dr. Conway elaborated on issues related to these
transient rentals as follows: large volumes of cars being
parked at individual properties and on right-of-way; damage
to the sand dunes; sea turtle disorientation; unknown persons
wandering around in the middle of the night; trespassing;
noise pollution; and vandalism, and invited individual Board
Members to spend time at the site to see what is going on.
Vice Chairman Solari asked Dr. Conway to clarify what
remedy he was seeking from the Board.
Dr. Conway responded that he would like to see the Board
enact a two to three car limit at individual properties.
Discussion/debate ensued between the Board and Dr. Conway
about the existing parking regulations for residential homes.
Commissioner Flescher voiced concerns that formulating
regulations governing residential parking might impede upon
individual property rights.
Commissioner O'Bryan said that the parking rules for
homeowners will fall under the existing County Code, as far
as guests visiting a single-family residence; however, he was
proposing separate regulations governing commercial
vacation rentals.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Vice Chairman Solari, to direct staff to draft
parking regulations for vacation rentals, either by the
addition of wording to our existing County Code, or by
drafting a new Ordinance to deal with parking at residences
that are being employed as vacation rentals.
Chairman Davis asked staff to provide him with a list of
properties at which there have been complaints related to
transient rentals.
Dr. Conway related that since the City has tightened up its
restrictions on transient vacation rentals, these types of
rentals will migrate over to the County.
A brief discussion ensued between the Board and staff about
the collection of Tourist Taxes.
Board of County Commission Minutes Page 20
February 10,2015
193
ATTACHMENT
Dr. Conway stated that he would like to speak at a future
Board meeting on the deleterious impact of transient rentals
on property values and other associated issues.
Daniel Lamson, Executive Director, Indian River
Neighborhood Association, spoke in support of Commissioner
O'Bryan's proposed parking regulations, and provided for
the record, emailed correspondence from three homeowners
having problems associated with neighboring short-term
rental properties.
Barry Siegel, Esq., representing Mr. Dudek, provided to the
Clerk a copy of the Florida Attorney General's Legal Opinion
that a local government may not restrict vacation rentals, and
cautioned the Board that the proposed Ordinance may have
unintended consequences.
Attorney Reingold, responding to Board questions, clarified
that while a local government may regulate vacation rentals,
it may not enact a local law, ordinance, or regulation which
would operate to prohibit vacation rentals.
The Chairman CALLED THE OUESTION and the Motion
carried unanimously.
E. Commissioner Tim Zorc
2:46 1. Update on Foreign Trade Zone from the Port Canaveral Meeting
P.M. held on January 21, 2015
(no back-up)
------. ---------------- --------------------------------- ---------------------
(Clerk's Note: This item was heard following Item 14.B.1.
Resolution Regarding FMPA Audit, and is placed here for
continuity).
Commissioner Zorc stated that the Port Canaveral Board of
Commissioners was receptive to his request to create an
Indian River County sub-zone within Port Canaveral Foreign
Trade Zone 136, but would need to review their Charter. He
asked for authorization to attend any future meetings about
the County's request to be included in Foreign Trade Zone
136.
ON MOTION by Commissioner O'Bryan, SECONDED by
Chairman Davis, the Board unanimously approved out-of-
County travel, as needed, for Commissioners and staff to
attend meetings regarding: (1) the Florida Municipal Power
Agency (FMPA); and (2) Port Canaveral Foreign Trade Zone
136.
Board of County Commission Minutes Page 21
February 10,2015
AT TACHMUT 194
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approved to fund a contribution cap of 50% of the overall
project cost, with a County cap of $115,000; and 3)
authorized staff to coordinate with St. Christopher Harbor
Home Owner's Association to obtain the Home Owner's
Association's authorization to use Island Drive for land-
based removal of fill and a commitment of further
contribution to project costs.
3. Request to Speak from Patricia Hunt Regarding New Public
Cameras in Public Building, Documented, Etc_ 195
.....................................
Deleted
C. PUBLIC NOTICE ITEMS
None
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A. Community Development
10:05 1. Consideration of Draft Parking Regulations for Vacation
a.m. Rentals
(memorandum dated April 23, 2015) 196-230
Community Development Director Stan Boling recalled the
Board meeting of February 10, 2015, when the Board
directed staff to draft parking regulations for vacation
rentals. Mr. Boling, using a PowerPoint presentation,
stated that the draft ordinance defines the term "vacation
rental", clarifies existing parking regulations for single-
family residences in general, and establishes parking
regulations specific to vacation rentals. He asked the Board
to review the draft ordinance and determine whether or
not to direct staff to initiate the formal Land Development
Regulation (LDR) amendment process with any initial
ordinance modifications desired by the Board.
Each Commissioner shared their concerns and opinions on
how to fairly apply different regulations on vacation
rentals from regulations on a single-family residence. The
Board posed questions to staff to gather additional
information.
Commissioner Zorc stated, aside from parking regulations,
he wanted to see regulations imposed similar to those
applied to Bed and Breakfast businesses, to enforce
Board of County Commissioners Meeting
May 5,2015 Page 10
autimm 2 1951
capacity and occupancy regulations.
The Board discussion continued regarding comparisons of
the proposed parking regulation ordinance to other
property restrictions, and several Board Members
mentioned that the real issue was events, and not parking.
The Chairman opened the floor to the Public.
Joseph Paladin, President of Black Swan Consulting, and
Atlantic Coast Construction, wanted to know how the
Board would count the cars at vacation rentals in a mixed
use project, and learned that the Associations within those
projects have their own parking regulations.
Glenn Powell; 12845 Bay Street, Roseland, did not think
parking regulations were sufficient, and believed that the
renters would find ways to work around the Ordinance.
He thought the big issue was the number of people, and
suggested limiting the number of people that can occupy a
vacation rental at any given time.
Commissioner Flescher agreed; however, Deputy County,
Attorney Bill DeBraal stated that staff found it to be easier
to enforce parking regulations, than event regulations. He
encouraged the Board to focus on events as another issue.
The Board continued discussing the enforcement issue.
Commissioner Flescher stated earlier and reiterated that
the County needed to prevent events at vacation rentals.
Emergency Services Director John King advised the Board
that residences are only discussed through code
enforcement, and not under fire regulations. For
residences operating as a business, he said that the County
would need additional regulations. He pointed out that a
number of vacation rental owners were not applying for a
business license. Without a separate County ordinance, he
would have very little influence.
Fire Marshal John Duran responded to questions on
occupancy loads in residences.
Joseph Paladin saw no difference in a short term rental
and a Bed and Breakfast.
David Hunter, 3702 Eagle Drive, Vero Beach, pointed out
Board of County Commissioners Meeting
May 5,2015 Page 11
ATTACHMENT 2 1961
that we have a black market operation in the County
where vacation rentals are operating without a license, ;
which is a misdemeanor. He related that the County is
losing revenue from sales taxes, and that the situation is
causing chaos because the County has no way to control it.
Commissioner Zorc confirmed that Florida Statute
509.242, Public Lodging Establishment, was the Statute
that Mr. Hunter was discussing, and agreed with his
statements.
Honey Minuse, 27 Starfish Drive, representing the Indian
River Neighborhood Association (IRNA), said vacation
rentals are threatening the cohesiveness and stability of the
community. She pointed out some requirements
established in order to operate a vacation rental in Monroe
County, and asked the Board to look into having local
regulations in place that would treat vacation rentals as a
business.
Mr. Hunter thought the County needed to find a way to
control bad behavior at events.
Vic Cooper, 715 Harbor Drive, in the Moorings,
commented that people tend to "push the envelope", and
when you allow this to happen it affects property values,
and tax revenues. He suggested developing a contract.
The Chairman called for a break at 11:22 a.m. and he
reconvened the meeting at 11:34 a.m., with all members
present.
John Burns, 1811 E. Sandpointe Place, pointed out that
there are some homeowners that are not a part of any
homeowner's association. He related that it is the
responsibility of the South Beach Property Association
SBPA) to advocate the regulations of the rentals. He
addressed other issues that needed to be dealt with such as
unsightly trash, disorderly conduct, and loud music. He
urged the Board to issue a strong ordinance that regulates
these issues.
A discussion followed by the Board with comments and
questions to staff regarding issues addressed by Mr. Burns.
George Bryant, 180 Springline Drive, in the Moorings,
President of the Moorings' Property Owners Association,
supported the adoption of the Ordinance on a reasonable
Board of County Commissioners Meering
May 5,2015 Page 12
197
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number of vehicles parking at a vacation rental. He
recalled staffs memorandum of April 23, 2015, where
other issues were addressed besides parking that they feel
should be addressed with specific limitation: heads in bed,
noise, trash containers, and compliance with State safety
and licensing requirements.
Tuck Ferrell, 12546 N. Highway AIA, President of the
North Beach Civic Association, addressed problems with
people abusing the system at events held in his
neighborhood. He provided pictures for the record. He
looked up VRBO (Vacation Rentals by Owner) who are
advertising special events on the internet, and addressing
parking at the County park. He thought the parking
Ordinance was a good start, but did not know if it was
going to help the event situation. He supported the Board
for all their efforts in this matter.
A lengthy discussion continued between the Board and
staff regarding ways to fairly regulate events in an
Ordinance.
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Chairman Davis, to: 1) accept the draft
ordinance as written, and direct staff to initiate the formal
Land Development Regulations amendment process; and
2) direct staff to draft a separate ordinance that would
prevent commercial events at vacation rentals in single-
family residential neighborhoods, defining specific events
that are prohibited, include criteria for formal advertising,
whether it be newspaper, internet or other prima facia
evidence for the use of commercial activity, and include
general criteria to enforce the ordinance.
Attorney Barry Segal, representing his client Mitch Dudak,
a vacation rental owner, presented a letter from his client,
pointing out that vacation rental parking is not the
problem; it is an event problem. His client would be very
encouraged to see the event problem addressed. Attorney
Segal responded to several questions from the Board.
Commissioner Flescher said the vehicle count on the
parking ordinance was the one thing preventing him from
supporting the motion,and he asked that it be modified.
Vince DeTurris, 595 Reef Road, Vice President of the
South Beach Property Owners Association (SBPOA), and a
concerned citizen, appreciated the Board's support on this
Board of County Commissioners Meeting
May 5,2015 Page 13
ATTACHMENT 198
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issue. He introduced Dr. Miles Conway who had been
working on this issue for three years.
Mr. Hunter disputed Mr. Dudak's comments presented by
Attorney Segal that the use of vacation rental properties
and the parking issue are a separate issue.
Dr. Miles Conway, 231.4 S. Highway AIA, Economist
Industrial Consultant, Director and Secretary of SBPOA,
and Chairman of the Land Use Sub-Committee, provided a
slide presentation regarding social economic impact of
transient boarding houses, or vacation rentals. He defined
the reasoning and supportive suggestions of the SBPOA:
1. Avoid the gaming of the system, and control the
influx of people, the ordinance needs to include the
restriction of designated drivers in a driveway, and
also eliminate valet parking, limousine, and shuttle
service.
2. Remove the stipulation "for a vacation dwelling, the
number of automobiles parked outside of a carport
or garage." They see that as a step going
backwards.
3. Adopt an ordinance as Monroe County has for their
vacation rental law, and property license
requirements.
4. Counsel staff on using qualitative statistics.
Discussion continued by the Board commenting on Dr.
Conway's presentation, and further questions were posed
to staff.
Sheriff Loar stated his office's responsibility is to enhance
and assist the County with any ordinance that they adopt.
The Chairman asked Vice Chairman Solari to restate his
Motion,as two separate motions.
MOTION WAS RESTATED by Vice Chairman Solari,
SECONDED by Chairman Davis, to approve staff's
recommendation directing staff to initiate the formal Land
Development Regulation (LDR) amendment process.
Discussion continued by Chairman Davis who posed
additional questions to staff, reviewing the issues addressed
Board of County Commissioners Meeting
May 5,2015 Page 14
199 j
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and shared thoughts and ideas on how staff could address
them in the ordinance.
The Chairman CALLED THE OUESTION and the
Motion carried unanimously.
MOTION WAS RESTATED by Vice Chairman Solari,
SECONDED by Commissioner Flescher, to direct staff to
draft an ordinance that would prevent commercial events
at vacation rentals in single-family residential
neighborhoods, defining specific events that are prohibited,
include criteria for formal advertising, whether it be
newspaper, internet or other prima facia evidence for the
use of commercial activity, and include general criteria to
enforce the ordinance.
Following the Motion, Vice Chairman Solari stated that he
wanted staff to bring the Ordinance back to the Board
through the normal LDR amendment process.
The Chairman CALLED THE OUESTION and the
Motion passed unanimously.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Zorc, to ask staff to review
and analyze the Monroe County Ordinance on Vacation
Rentals, consider the comments from the SBPOA, and
bring it back to the Board for further discussion.
A brief discussion followed among several Board members
regarding the Monroe County Ordinance being in
compliance with Department of Environmental Protection
and Health Regulations.
Vice Chairman Solari read the Monroe County Ordinance
and said he was not going to vote in support of this Motion.
He found the Monroe County Ordinance to be incredibly
onerous, and while Monroe County has certain specific
aspects to its nature for which it may be appropriate in
that County, he did believe it was not appropriate for the
unincorporated area of Indian River County.
The Chairman CALLED THE QUESTION and the
Motion carried, by a 3-2 vote (Commissioner Flescher and
Vice Chairman Solari opposed).
The Chairman called for a break at 1:42 p.m. and
reconvened the meeting at I:SS p.in.
Board of County Commissioners Meeting
May 5,2015 Page 15
4.TTACHI'E 200
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8.H. CONSIDERATION OF CHANGE ORDER NO. I TO CONTRACTAGREEMENT
WITH TIMOTHY ROSE CONTRACTING.INC. FOR CONSTR UCTION OF
PUBLICACCESS IMPROVEMENTS ON THE FLINN TRACT OF THE LAGOON
GREENWAY
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Change Order No. 1 to the Lagoon Greenway Phase I
Construction Agreement with Timothy Rose Contracting,
Inc., and authorized the County Administrator to execute
the Change Order on behalf of the County, as '
i
recommended in the memorandum of June 12, 2012. +
i
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
Chairman Wheeler called a break at 10:15 a.m. and reconvened the meeting at 10:27
a.m., with all members present.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
10. PUBLIC ITEMS
10.A. PUBLICHEARING
10.A.1. CONSIDERATION OF PROPOSED LDR (LAND DEVELOPMENT
REGULATION)AMENDMENTS (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
June 19, 2012 9
ATTAwiu3 201
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Planning Director Stan Boling, using a PowerPoint presentation (on file), recapped his
memorandum dated June 7; 2012, providing background and analysis on the proposed Land
Development Regulations (LDR) amendments, which are the result of staff's Evaluation and
Appraisal Report(EAR) process. He said that the Board needs to adopt the comprehensive plan
policies, pointed out that some of the added amendments were initiated by the Board, and some
were initiated through staff to clean up, clarify, and/or update the LDRs. He reviewed the
proposed recommendations from the Agriculture Advisory Committee and the proposed
recommendations and exceptions from the Planning and Zoning Commission. Director Keating
also spoke about short-term lodging in single-family zoning districts; the definition in the County
Code of hoteUmotel; not currently having a definition of lodging facility (a use that is allowed
only in commercial zoning districts); what staff has done over the years regarding 30-day stays;
and the proposal to clarify the definitions in the ordinance. He recommended the Board direct
staff to make any necessary changes to the proposed LDRs, and announce their intention to adopt
the ordinances at the July 10, 2012, 5:01 p.m. hearing.
The Chairman opened the Public Hearing.
Glenn Powell, 12845 Bay Street, Roseland, owner of several single family homes and
short-term rentals in Sebastian and Roseland, said he had four houses that were charming but did
not lend themselves to attracting a good long-term tenant, so over the years he rented them as
short-term vacation homes. He provided background, revealed his ongoing monthly costs, and
noted that when he purchased the properties, he researched the County Code for single family
residences, but it did not address rental terms or time limitations. He thereafter voiced concerns
over: (1)the County Code being silent on short-term rentals, (2)how changing the LDR would
affect him, and (3) not being notified of the workshops/meetings that had taken place. He
claimed that the Courts have held that short-term rentals are not a business use. Mr. Powell
emphasized that in addition to collecting lodging taxes, he also maintains the properties, and is
an asset to his neighborhood; and if there is a code that specifically prohibits short-term rentals,
June 19, 2012 10
ATTACHMENT 202
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people will still continue to rent, but the landlords will not collect the taxes, and it will be a black
market rental business. He relayed that on June 2, 2011, Governor Rick Scott signed a Bill into
law that reclassifies a single-family home as a vacation rental, and a local law cannot restrict,
prohibit, or regulate the rentals based on the classification use for occupancy.
Vice Chairman O'Bryan said that his family has used short-term rentals in the past, and
felt they provide a family friendly environment. He believed that most of the people that moved
or brought their business to this County visited here first. He asked the County Attorney to
review the State Law that Mr. Powell referenced, and provide an opinion before the final
meeting, so the Board can take appropriate action.
Commissioner Davis also revealed that his family uses short-term rentals when traveling.
He could only recall two negative complaints in his eight years of being a commissioner.
Community Development Director Bob Keating acknowledged that there have not been a
lot of complaints, and reiterated that staff is not changing the policy, they are only clarifying it.
Chairman Wheeler believed that by clarifying the ordinance, it is in effect, changing it.
Commissioner Davis did not favor changing the ordinance, he wanted time to observe
whether there is a real or perceived problem; at this time he believed it to be perceived.
Mr. Powell said the people who come for short-term rentals have money, are educated,
and seek out what Indian River has to offer. He said there are regulations that can be put into
place to take care of the concerns of single-family residences.
Attorney Polackwich focused on legal issues and the interpretation of the proposed
amendments to the ordinance. He recalled that vacation rentals are defined under Chapter 509 of
the Florida Statutes, which also deals with hotels and vacation rentals at the State level, and are
June•19, 2012 11
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regulated by the Division of Hotels and Restaurants, Department of Business and Professional
Regulations, which is why this situation has been dealt with through the definition of
hotel/motel. He said the County Code is gray, and staff s,position is that because the ordinance
includes"any building,"they now want to clarify that"any building" includes single-family
residences.
Richard Gillmor, Sebastian Councilmember and Congressional candidate, addressed the
LDR's regarding vacation rentals. He felt the vacation rental business is self-regulating, and he
cautioned the Board not to fix what is not broken. He suggested that staff invite other short-term
rental landlords to future workshops.
There being no other speakers, the Chairman closed the Public Hearing.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Commissioner Flescher, to direct staff to
remove the proposed changes to the "Hotel/Motel" section
of the Land Development Regulations.
Discussion ensued among the Board as to how to make the amendment to the Land
Development Regulations clearer.
MOTION WAS AMENDED by Commissioner Solari,
SECONDED by Commissioner Flescher, to allow short-
term rentals for less than one month.
The Chairman CALLED THE QUESTION and the
motion carried. The Board unanimously directed staff to:
(1) remove the proposed changes to the "Hotel/Motel"
section of the Land Development Regulations; and
June 19, 2012 12
g, 204
(2) include a sentence that would allow for short-term
rentals less than one month at a time.
The Commissioners and staff debated the density transition area buffer requirement in the
subdivision and site plan ordinance.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Davis, the Board unanimously approved to
eliminate any Land Development Regulation wording that
implements the density transition area requirements of
Future Land Use Element(FLUE) Policy 1.48.
In conclusion, the Board announced its intention to adopt the final ordinances at the
Special Call Meeting, scheduled for July 10, 2012, at 5:01 p.m.
10.B. PUBLIC DISCUSSION ITEMS—NONE
10.C. PUBLICNOTICE ITEMS
10.C1. NOTICE OF SCHEDULED PUBLIC HEARING FOR JULY 10. 2012:
PELICAN ISLAND A UD UBON SOCIETY'S REQUEST FOR SPECIAL EXCEPTION USE
APPROVAL FOR A COMMUNITY CENTER (QUASI-JUDICIAL)
County Attorney Polackwich read the notice into the record.
11. COUNTY ADMINISTRATOR MATTERS
II.A. APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR'S DENIAL OF 12
IMPACT FEE REFUND APPLICATIONS SUBMITTED BYIMPACT FEE
CONSULTANTS (QUASI-JUDICL4L)
June 19, 2012 13
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3. PLEDGE OF ALLEGIANCE
Commissioner Flescher led the Pledge of Allegiance to the Flag.
4. PUBLIC ITEMS
4.A. PUBLICHEARINGS
4.A.1. FINAL HEARING: CONSIDERATION OF PROPOSED LDR (LAND
DEVELOPMENT REGULATION)AMENDMENTS (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Planning Director Stan Boling, using a PowerPoint presentation (on file),
reported that this is the second and final hearing to consider amendments to various Land
Development Regulations (LDRs). He stated that several of the proposed regulations include
LDR amendments that implement the adopted Evaluation and Appraisal Report (EAR)
Comprehensive Plan policies; however, the LDR amendments under consideration do not
include the Urban Service Boundary buffer initiative or the West Gifford initiative. He reviewed
the proposed LDR amendments and pointed out that the proposed revisions would: (1) revise the
previously proposed changes to the definition of hotel/motel and add a provision specifically
allowing residential dwelling units to be rented out for short-term vacation stays; and(2)delete
the previously proposed changes that would implement density transition area Future Land Use
Element(FLUE) Policy 1.48. He also noted that the County's LDRs need to be amended to be
consistent with the EAR amendments to the Comprehensive Plan, and the other proposed
amendments that were initiated by staff, and the Commissioners at the Board of County
Commission meeting of June 19, 2012. He thereafter summarized the points from an e-mail he
received from David Risinger(on file) regarding his objections to short-term stay issues, and the
responses from the County Attorney.
July 10, 2012
Special Call Meeting 2
f1 TACHME 206
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The Chairman opened the Public Hearing.
THE FOLLOWING INDIVIDUALS SUPPORTED SHORT-TERM RENTAL UNITS:
Glenn Powell, 12845 Bay Street, Roseland, said he was the"poster child" for short-term
vacation rentals; therefore, he provided background and reiterated concerns from when he spoke
at the Board of County Commission meeting of June 19, 2012, regarding issues of short-term
vacation rentals, individual property rights, the County Code being silent on short-term rental
times and limitations, and the role of the government controlling private ownership rights.
John Conway, owner of Sebastian Riverfront Resort, and Sebastian Vacation Rentals
Bill Waterman, 460 10`h Place SW, Oakridge, licensed vacation manager
THE FOLLOWING INDIVIDUALS OPPOSED SHORT-TERM RENTAL UNITS:
David Hunter, resident of Central Beach, Indian River County
Jim Gregg, landlord, lives in gated community
Terry Potts, Board Member of Amelia Plantation Property Owners' Association
Beth Casano, 1610 3 d Court, Rockridge Property Owners' Association President
Randy Fryar, owner of four properties in Indian River County
Susan Aiken, Floralton Beach Subdivision
July 10, 2012
Special Call Meeting 3 i
ATTACHMENT 207
i
Commissioner Davis sought and received details on how to differentiate between
legitimate and non-legitimate rental businesses.
Commissioner Flescher clarified that legitimate short-term rental businesses are licensed,
inspected by the County Health Department, and lodging taxes are collected when the dwellings
are rented (7% for State, 4% for County).
Community Development Director Bob Keating affirmed for Vice Chairman O'Bryan
that Code Enforcement could/would address complaints regarding bad behavior at short-term
rentals.
Chairman Wheeler expressed that those living in gated communities should address
concerns and issues through their Property Owners' Association. He did not want to pass an
ordinance that would prevent short-term vacation rentals Countywide.
Director Boling, in response to Commissioner Davis, disclosed that the existing
definition is unclear, and staffs interpretation of the County Ordinance is that to rent for less
than 30 days constitutes a hotel/motel usage.
Director Keating confirmed that the current code is enforceable, but believed it would be
best to clarify, not change it.
Attorney Polackwich explained why the ordinance is unclear, and why staff reached its
conclusion by implication, rather than by a direct sentence in the definition stating that any
structure offering a combination of rooms for rent or lease for longer than one month at a time,
shall not be considered a hotel or motel. He made it clear that the definition does not expressly
address the question of what happens if a property is rented for less than a month; therefore, staff
interpreted the provision to mean that if a house is rented for less than one month, it is regarded
as a hotel/motel.
July 10, 2012
Special Call Meeting 4 ,
ATTACHE 208
Chairman Wheeler believed that most of the complaints would have occurred whether the
ordinance addressed the situation or not, since those individuals are probably operating illegal
rentals. He also emphasized that anytime a citizen suspects that someone is renting without a
license,they need to call Code Enforcement.
There being no additional speakers,the Chairman closed the Public Hearing.
Commissioner Davis favored weekly rentals, observed that the individuals not doing the
right thing are causing the problems, and felt that passing a regulation that would not permit
short-term rentals would put the law abiding landlords out of business.
Commissioner Flescher shared Commissioner Davis's sentiments. He believed that
approving the amendments would make things better. He said he would rather see rental houses
registered and well maintained, as opposed to those that cannot be rented and left to fall into
foreclosure. He concluded that adopting the proposed ordinances would be the best option for all
County citizens.
Vice Chairman O'Bryan determined that most issues with short-term rentals were due to
a lack of communication. He believed issues/situations could be resolved if people would be
good neighbors, and more proactive. He thanked the speakers for expressing their opinions, and
said that if they have any issues, to contact staff or the Commissioners to ensure the property is
being rented legally.
Commissioner Solari understood the perspectives of both the landlords and the residents
of the neighboring properties. He believed the existing mechanisms could deal with the issues,
and if the Board prevented people from renting short-term rentals, and made them annual rentals,
it might be just as bad. He wanted the County to continue making people aware of the County
Code, local laws, and State mechanisms; therefore he suggested staff research the State
mechanisms and develop something in terms of local mechanisms that could be used and readily
available to those with complaints.
July 10, 2012
Special Call Meeting 5
ATTACHMENT209
R
MOTION WAS MADE by Vice Chairman O'Bryan,
SECONDED by Commissioner Solari, to adopt the 18
ordinances as proposed by staff.
Chairman Wheeler concurred with the other Commissioners' comments and added that
many problems in the neighborhoods have not"just been brought to light," but believed they
have been going on for years, either illegally or through Code Enforcement violations.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board adopted the
following ordinances:
Ordinance 2012-013 concerning amendments to its Land
Development Regulations (LDRs); providing for
amendments to Chapter 901, Definitions, by amending
definitions in alphabetical order in Section 901.03, and by
providing for repeal of conflicting provisions;
codification; severability; and effective date.
Ordinance 2012-014, concerning amendments to its Land
Development Regulations (LDRs); providing for
amendments to Chapter 902, Administrative Mechanisms,
by amending appeals from decisions of the Community
Development Director or his designee Section 902.07; and
by amending Technical Review Committee Section
902.10; and by providing for repeal of conflicting
provisions; codification; severability; and effective date.
July 10, 2012
Special Call Meeting 6
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210
ancHm
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INDIAN RIVER COUNTY
4 COMMUNITY DEVELOPMENT DEPARTMENT
1801 27th Street,Vero Beach FL 32960
>� 772-226-1237/772-978-1806 fax
IpA www.iregov.com
December 17,2012
Ann Cotton
8617 SE Merritt Way
Jupiter FL 33458
RE: Vacation Rental at 6450 Frances Manor and Indian River County Limitations on Vehicles Parked
at Single Family Dwellings
Dear Ms.Cotton:
Recently, the state notified county staff that you obtained a state license for a vacation rental at 6450
Frances Manor within the Amelia Plantation subdivision. Staff is contacting you,and has contacted every
other vacation rental state license holder in the unincorporated area of the county, to ensure that each
license holder is aware of the county's limitation on vehicles parked at a single-family dwelling. Within
the unincorporated area of the county, no more than (three) 3 vehicles may be parked outside of an
enclosed area(garage or attached carport). A copy of the pertinent county regulations is attached for your
reference. This parking limitation applies to the residence/vacation rental at 6450 Frances Manor.
Staff requests that you ensure that your vacation rental clients are aware of and comply with the county's
single family dwelling parking regulations. Also, staff encourages you to contact the Amelia Plantation
subdivision property owners association regarding any private restrictions or policies.
If you have any questions,please do not hesitate to contact me at(772)226-1235 or sboling@ircgov.com.
Sincerely,
Stan Boling,AI
Planning Director
Attachment: As Stated
cc: Board of County Commissioners(via e-mail)
Joe Baird,County Administrator(via e-mail)
Alan S.Polackwich, Sr.,County Attorney(via e-mail)
Robert M. Keating,AICP
Roland M. DeBlois,AICP(via e-mail)
Kelly Buck(via e-mail)
Amelia Plantation P.O.A.(US Mail)
FACommunity DevelopmenAUsers\CurDev\TMs and correspondence\vacadonrentalparkin \AnnCotton.doc
211
ATTACHMENT
i
901 Definition:
Unenclosed storage the temporary placement of recreational vehicles, boats, trailers and
similar recreational equipment in an open area or accessory structure without walls. For the
purposes of this section, recreational vehicles and similar equipment stored in accessory garages
or attached carports shall be considered to be in enclosed areas.
912.17(2)(b)
(b) Parking or storage of automobiles. A maximum of three (3) automobiles (not
including recreational vehicles) may'be parked in an unenclosed area on a single-
family zoned lot. However, one additional vehicle for each licensed driver
permanently residing at the premises may be parked on the lot. No automobile
may be parked or stored in any required yard area. The provisions of this section
shall not preclude the parking of automobiles by persons visiting a single-family
home.
l
FACommunity Development\Users\CurDev\TMs and correspondence\vacadonrentalpa&ing\MnCotton.doc
212
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4/232015 Daiwa•DUDEK MITCNEU.D;Doing Badness As:DUDEK RENTAL,Vocatlon Rental•Dwelling
2:48:38 PA!41=015
Licensee Information
Name: DU7C11 MTCHEL;.D (Primary Larne)
DUDEX REWTA_(DBA Name)
Main Address: 3 ROYAL PAU4 PV1&1T2_" PHS
County: liglDIAM RIVER
License Mailing: 3 ROYAL PALM POINT_ PHE
VERO BEACK FL 32960
County: Av11gD At-`;;IyzR
UcenseLocation: .2400 23:::SE
VERO MA.CH Ff. 32063
County: IkDIA0 RIVER
license Information
License Type: Vacation Rental - Dweiling
Rank: Dwelli-mg
License Number- DWE4101319
Status: C!:rrent,Active
Licensure Date: 04/29/20141-
Expires:
4/29/20=4Expires: 04/01/20!6
Spacial Oua:ificst`ons QualiFacaV on 2ffective
EirIyla 04/29/20:4
Indic nRiva.—A?ir. 041/29/2014
MIGLE DkIT 04/29/20:1":
Alternate Nrmes
t.Y,.:_• 1 icy nr•�!�!_•r.l•::)i_:r.
;
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VACATION RENTAL COMPLAINTS
Address of Complaint Verify License w/DBPR Date complaint given to DBPR Code Officer Status
1 2125 W Beachside Ln No license 7/16/2012 Rose Case closed by the state—
no license issued
2 1571 Smugglers Cove No license 7/11/12 Vanessa Case closed by the state—
i no license issued
3 6450 Frances Manor No license sent initial Sent initial contact letter to Kelly License issued
contact letter to owners owners -
4 3011 Calcutta Dr No license 12/7/2012 Kelly Case closed by the state—
C
no license issued
5 580 Reef Rd No license 12/2/2013 Rose Case closed by the state—
no license issued
6 8515 De Havilland Ct No license 2/11/2014 Vanessa Case closed by the state—
no license issued
7 240023 d St SE No license 3/21/2014 Vanessa Licensed issued
8 12576 AlA No license 4/21/2015 Betty Under state investigation
i 9 1491 Smugglers Cove No license 4/23/2015 Vanessa Under state investigation
10 13060 Hwy A1A No license 5/22/2015 Betty Understate investigation
F:/users/kelly/vacationrentals/vaccomplaintchart
t
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N
Comparison of Parking Standards for Vacation Rentals (April 2015)
Jurisdiction Comments Parking Location Min. # Spaces Max. # Spaces
1. Vero Beach, FL Prohibits vacation rentals in N/A N/A - N/A
residential districts in lawsuit
2. Fellsmere, FL No specific standards for vacation
rentals
3. Sebastian, FL No specific standards for vacation
rentals; no complaints in recent
years
4. Brevard County, FL Allows single family resort No parking along street 1 off-street space per
dwellings bedroom
5. St. Lucie County, FL Applies parking at lodging use _ .71 to 1.29 spaces per
rate occupied room
6. Manatee County, FL No specific standards for vacation Must park in driveway or _
rentals along street; cannot block
driveways or hydrants
7. Fort Myers Beach, FL 1 space per bedroom or
guest room
8. Islamorada, FL Specific standards apply; Park in driveways only; _ Limited to max #
r" application for vacation rentals parking over sidewalks or presented in vacation
,i
required in right-of-way prohibited rental application
9. Bal Harbor Village, FL Specific standards apply; Park in areas shown in _ Limited to max #
application for vacation rentals vacation rental application presented in vacation
i
required. rental application
10. Duluth, Minn. _ _ 1 space per 2 bedrooms _
11. Coconino, Ariz _ _ 1 space per bedroom _
12. Douglas County,Nev. Max. occupancy 2 persons per On site and assigned _ Limited to max #
bedroom plus 4 extra persons per spaces only shown on vacation
residence rental application
13. South Lake Tahoe, CA Currently changing regulations. As shown on vacation _ Limited to max #
Max. occupancy 2 persons per rental application shown on vacation
bedroom plus 4 extra persons per rental application
residence
N FACommunity Development\CurDev\Ordinances\20150rdinances\Vacation Rentals\parkingstandardschart.doc 1
CJS _
i
Comparison of Parking Standards for Vacation Rentals (April 2015)
Jurisdiction Comments Parkin Location Min. # Spaces Max. # Spaces
14. Sonoma County,CA Max. occupancy 18 persons per On-street parking"may be 1 space per 2 guest
residence except for recognized considered" rooms
holidays
15. San Luis Obispo Co., _ Limited to garage or
CA driveway only
j Indian River County Comments Parking Location Min. # Spaces Max. # Spaces
A. Existing Section 911.15 and right-of- Off-street parking Motels: 1 space per rentable _
way ordinance regulate parking required for commercial room
locations. No vacation rental and multi-family
regulations; vacation rental development. In single- Bed & Breakfast: 2 spaces
considered same as a residential family areas parking plus one space per rentable
unit allowed in right-of-way room
but not in required front
yard areas Multi-family: 2 spaces per
unit
Note: all spaces off-site with
landscaping between parking
area and street
B. Draft Proposal Create definition of"vacation Limited to garage, carport, _ Total number of garage
rental"consistent with state and driveway. Over flow and carport spaces plus
definition used for licensing parking allowed elsewhere up to 5 spaces in
("transient public lodging on siteif screened from designated driveway (one
establishment"); create specific view from street and such space per bedroom
parking standards for vacation shown on approved not to exceed five
rentals in 911.15 administrative approval spaces). Extra
site plan "overflow" spaces
allowed if screened from
view from street and
shown on approved
administrative approval
site plan.
N F•\CommunityDevelopment\CurDev\Ordinances\20150rdinances\Vacation Rentals\parkingstandardschart.doc 2
I
Section :1.03.07. Code eriforcernent citation procedures—Genu
(1) These procedures are enacted pursuant to F.S. §162.21.
(2) Citation authorization; application. A code enforcement officer so designated by the county is
authorized to issue a citation to a person when, based upon personal investigation, the officer has
reasonable cause to believe that the person has committed a civil infraction in violation of a duly
enacted county code or ordinance; the county court will hear the charge. Designation as a code
enforcement officer does not provide the code enforcement officer with the power of arrest or
subject the code officer to the provisions of F.S. §§943.085 through 943.255.
(3) Notification prior to citation issuance; procedures.
(a) Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the
person has committed a violation of a code or ordinance and shall establish a reasonable time
period within which the person must correct the violation. Such time period shall be no more
than thirty (30) days. If, upon personal investigation, a code enforcement officer finds that the
person has not corrected the violation within the time period,the code enforcement officer may
issue a citation to the person who has committed the violation.A code enforcement officer does
not have to provide the person with a reasonable time period to correct the violation prior to
issuing a citation and may Immediately issue a citation if the code enforcement officer has reason
to believe that the violation presents a serious threat to the public health, safety or welfare,or if
the violation is irreparable or irreversible.
Notwithstanding the preceding paragraph (103.07(3)(a)), the board of county commissioners
shall adopt, by resolution, a schedule of violations and penalties to be assessed by code
enforcement officers,including standard notification time periods for specific types of violations,
said time periods not exceeding thirty(30) days.
(b) A citation issued by a code enforcement officer shall be in a form prescribed by the county and
shall contain:
1. The date and time of issuance.
2. The name and address of the person to whom the citation is issued.
3. The date and time the civil infraction was committed.
4. The facts constituting reasonable cause.
5. The number of the section,of the code or ordinance violated.
6. The name and authority of the code enforcement officer.
7. The procedure for the person to follow in order to pay the civil penalty or to contest the
citation.
8. The applicable civil penalty if the person elects to contest the citation.
9. The applicable civil penalty if the person elects not to contest the citation.
10. A conspicuous statement that if the person falls to pay the civil penalty within the time
allowed,or fails to appear in court to contest the citation,he shall be deemed to have waived
ATTACHMERT
2171
i
his right to contest the citation and that, in such case,judgment may be entered against the
person for an amount up to the maximum civil penalty.
11. A statement to read as follow: I hereby elect to waive my right to a court hearing and in lieu
thereof select to have my case heard by the Indian River County Code Enforcement Board
or designated special master. I understand that the decision of the code enforcement board
or designated special master shall be final and binding on me. (signature).
(4) After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original
citation and one copy of the-citation with the county court,unless the a Ileged violator elects to appear
before the code enforcement board or designated special master in which case the citation and copy
shall be deposited with the secretary of the code enforcement board.
(5) Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer
shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082,
775.083.
(6) The provisions of this section shall not apply to the enforcement of building codes adopted pursuant
to F.S. § 553.73, as they apply to construction, provided that a building permit Is either not required
or has been issued by the county.
(7) The provisions of this section are an additional and supplemental means of enforcing county codes
and ordinances; nothing contained in this section shall prohibit the county from enforcing its codes
or ordinances by any other means.
(Ord. No.92-9, § 1,4-21-92)
MUMMER �
218
I
Commission office. He recommendedthe board move forward on approving the
rezoning request.
The Applicant, Bruce Barkett, waived'his presentation and explained that
the application is consistent with the ap roved site plan.
ON MOTION BYDr. Day, SECONDED BY Ms.
Caldarone members voted unanimously (6-0) to
appro the recommendation for rezoning with the
nditions set forth in the staffs recommendation
to the Board of County Commissioners.
Chairman Polackwich read the following into the record:
B. Consideration of Proposed Parking Regulations for Vacation Rentals
("Ordinance 1"); Amending Land Development Regulations Chapters 901
(Definitions), 911 (Zoning), and 912 (Single-Family Development)
[Legislative]
Mr. Boling presented a PowerPoint- presentation, a copy of which is on file
in the Commission office. He discussed the fact that in 2011, the State pre-
empted local government regulations regarding vacation rentals and the Board of
County Commissioners adopted a code change in 2012 specifying that vacation
rentals are treated the same as conventional residences. Since that time, Code
Enforcement has received several complaints regarding parking and the BCC
directed staff to initiate the adoption process for special parking regulations for
vacation rentals. In addition, a Short Term Vacation Rental Advisory Committee
was established in July 2015.
Mr. Boling went on to review Proposed Ordinance #1, clarifying that it does
not change existing parking allowances for conventional residences. For vacation
rentals, parking would be limited to the number of carport/garage spaces plus
one space per bedroom, not to exceed five spaces outside. For rentals with no
carport/garage, parking would be limited to two spaces plus one space per
bedroom, not to exceed five spaces outside. There was also a provision for
"excess spaces" for larger parcels. He pointed out some of the concerns from
"interested parties" thus far.
Chairman Polackwich voiced his concern with the ordinance regarding the
definition of "vacation rental", particularly when the homeowner also lives in the
residence. The homeowner wouldn't have the same parking privileges as his
neighbor whenever he's living in his home.
PZC/Approved 5 August 13, 2015
219+
I
Glen Powell, who operates four vacation rentals in Roseland, conveyed his
belief that 99.9% of vacation rental landlords do the right thing but the other 0.1%
are the problem. He believes that if Ordinance 2 (prohibiting commercial events
at residences) is passed, it will take care of Ordinance 1. He went on to point out
that bad behavior is not limited to vacation home rentals; homeowners often
exhibit bad behavior as well and there's nothing in the county ordinance that
deals with that. Perhaps there should be code limiting number of cars in front of a
residence regardless of whether it is a vacation rental or not.
Carol Lewis, real estate broker in Indian River County since 1975, spoke in
favor of vacation rental parking and commercial use restrictions. She contended
that the majority of vacation rental owners are unlicensed. Her neighborhood,
Angler's Cove, is a mix of vacation rentals and residences which she believes is
problematic.
Dr. Tom Gilman spoke in favor of rental parking and commercial use
restrictions. He asserted that there are times he can't even get into his driveway
due to all the cars parked at the nearby vacation rental. He believes that his
home value has decreased dramatically due to this problem as well.
George Lamborn, President of the South Beach Property Owners
Association thanked the Board for the work they've put in regarding this problem
that they inherited but believes that there is not enough police force to enforce
this Ordinance. He believes that they should keep things simple and easy to
enforce.
Dr. Miles Conway lives on South Al and supports the Ordinance with the
exception of the second part which allows a person to apply for additional parking
with a Type C buffer as he contends that this could allow too many vehicles at a
residence.
Nat Mortese of Vero Beach spoke in support of the Ordinance except that
he believes it is unenforceable. He believes that as short term rentals bring
revenue to the county, an enforceable way to solve this problem must be found.
Steven Geezler, a Stuart attorney, spoke of his experience in short term
rental litigations. He commended the board for attempting to tackle this case and
believes that dealing with behavior is the answer, despite whether the people are
vacation renters or homeowners.
Mr. Emmons stated that he didn't see the merit in the exception for excess
daytime parking spaces and questioned enforceability as well.
PZC/Approved 6 August 13, 2015 220
ATTACKS
I
Chairman Polackwich discussed the fact that this is a unique issue in that
we're talking about what amounts to a commercial activity in a residential
neighborhood. Normally zoning would take care of this but the situation is that
the State has put us in the position of having to deal with the problem. He stated
that he would vote against the Ordinance because he feels that it should only
apply during periods of rental.
Mr. Stewart pointed out that perhaps there should be a Sunset Clause in
the ordinance so that if a residence does not rent for a certain period of time,
there should be a way to stop it from being classified as a rental.
Mr. Boling discussed the possibility of setting up "seasonal" licenses.
ON MOTION BY Mr. Emmons, SECONDED BY Dr.
Day, the members voted (5-1) with Chairman
Polackwich dissenting, to approve Ordinance 1 as
presented with striking out the excess parking
exception allowance in the staffs recommendation
to the Board of County Commissioners.
Chairman Polackwich read the following into the record:
C. Consideration of Proposed Prohibition of Commercial Events at--Single-
Family Residences ("Ordinance 2") (Legislative]
Mr. DeBraal explained the logic of the Ordinance,2-that would prohibit a
single-family residence being rented out as a site-for a commercial event. It
would not affect activities such as private parties by the homeowner. Moreover,
temporary use permits could be applied for on a case by case basis, especially
on large (agricultural) parcels.
i
Dr. Miles Conway urged the board to pass this Ordinance, not only
because it's good for the neighborhood, but also for the environment, due to the
sea turtles on thebeaClwhere many weddings are held.
Nat Mortese voiced concern about events being held on large acreages
and My eBraal responded that he could apply for temporary use permits as
ne d'ed. Mr. Mortese argued that by limiting activities at venues such as these
creages, the county loses revenue in the form of tourist taxes and jobs.
PZC/Approved 7 August 13, 2015
221
ATTACIfMf
ORDINANCE 2015- PROPOSED ORDINANCE 1 '
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS
TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS
TO CHAPTER 901, DEFINITIONS, CHAPTER 911, ZONING, AND CHAPTER 912, SINGLE-
FAMILY DEVELOPMENT; BY AMENDING SECTION 901.03, ESTABLISHING THE
DEFINITION FOR "VACATION RENTAL"; BY AMENDING GENERAL PROVISIONS
SECTION 911.15(4), PARKING OR STORAGE OF VEHICLES; AND BY AMENDING
SINGLE-FAMILY DEVELOPMENT SECTION 912.17(2), PARKING OR STORAGE OF
VEHICLES; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT
REGULATIONS (LDRS) CHAPTER 901, DEFINITIONS, CHAPTER 911, ZONING, AND
CHAPTER 912, SINGLE-FAMILY DEVELOPMENT, BE AMENDED AS FOLLOWS:
SECTION #1:
Amend LDR Section 901.03,To Establish a Definition of"Vacation rental"; as follows:
Vacation rental. any residential dwelling which is rented or leased more than three times in a
calendar year to a tenant, individual, group of individuals, or party for a period of less than
30 days, or which is advertised or held out to the public as a dwelling which may be regularly
rented or leased for a period of less than 30 days.
SECTION #2:
Amend LDR General Provisions Section 911.15(4), on Parking or storage of vehicles, as
follows:
(4) Parking or storage of vehicles.
(a) Parking or storage of junk vehicles. No junk vehicle shall be parked, and no motor
vehicle frame, vehicle body, or vehicle body part shall be stored on residentially zoned
or used property unless expressly permitted by this chapter, except when parked or
stored in a completely enclosed garage or building. In any agricultural district, one such
vehicle is permitted in the rear yard, completely screened from view of neighboring
homes and properties.
(b) Parking or storage of automobiles. A Except as provided in sub-sections 1.—4. below,
a maximum of three (3) automobiles (not including recreational vehicles) may be parked
outside of a carport or garage on a single-family zoned lot.
However, one additional vehicle for each licensed driver permanently residing at the
premises may be parked on the lot. No automobile may be parked or stored in any
required yard area except in a designated and improved or stabilized driveway. The
limitations on the number of automobiles parked outside of a carport or garage
4 this seeti shall not preclude the parking of automobiles by persons
visiting a single family home.
Bold Underline: Additions to Ordinance 1
Stfike thwugfi Deleted Text from Existing Ordinance 222
F•\Community Development\CurDev\Ordinances\20150rdinances\Vacation Rentals\B�pC�C9-22-15.do{c
ORDINANCE 2015- PROPOSED ORDINANCE 1
1. For a vacation rental that has a carport or garage, the number of automobiles
that may be parked outside of a carport or garage shall be limited to one
automobile per bedroom not to exceed a total of five (5) automobiles parked
outside the carport or garage. Automobiles parked outside of a carport or
garage shall be narked within a designated and improved or stabilized driveway
and not within any required yard area.
2. For a vacation rental that has no carport or garage, the total number of
automobiles parked shall be limited to two automobiles plus one automobile per
bedroom not to exceed a total of five (5) automobiles parked on site
Automobiles parked outside of a carport or garage shall be parked within a
designated and improved or stabilized driveway and not within any required
yard area.
3. For all vacation rentals, all automobiles except for service and delivery vehicles
shall be narked on-site and shall not be narked within a road right-of-way
except within a designated and improved or stabilized driveway.
4. For all vacation rentals, the number of automobiles parked outside of a carport
or garage may exceed the limitations and maximum set forth above if the excess
parking spaces are provided on the single-family lot outside of required setback
areas, are visually screened from view from any adiacent public or private
street by a Type "C" buffer with 6' opaque feature, and are not occupied by
automobiles from 10 pm to 8 am. In addition, prior to use of any excess parking
spaces, the vacation rental owner shall apply for and obtain approval from the
planning division of an administrative approval site plan depicting each excess
parking space and demonstrating compliance with these regulations and
standards applied by Traffic Engineering and Fire Prevention.
SECTION#3:
Amend LDR Single-Family Development Section 912.17(2), on Parking or storage of vehicles,
as follows:
(2) Parking or storage of vehicles.
(a) Parking or storage of junk vehicles. No junk vehicle shall be parked, and no motor
vehicle frame, vehicle body, or vehicle body part shall be stored on residentially zoned
or used property unless expressly permitted by this chapter, except when parked or
stored in a completely enclosed garage or building. In any agricultural district, one such
vehicle is permitted in the rear yard, completely screened from view of neighboring
homes and properties.
(b) Parking or storage of automobiles. A Except as provided in sub-sections 1.—4. below,
a maximum of three (3) automobiles (not including recreational vehicles) may be parked
. an unenelesed area outside of a carport or garage on a single-family zoned lot.
However, one additional vehicle for each licensed driver permanently residing at the
premises may be parked on the lot. No automobile may be parked or stored in any
required yard area except in a designated and improved or stabilized driveway. The
Bold Underline: Additions to Ordinance 2
StAke-threng#: Deleted Text from Existing Ordinance 223
F•\Community Development\CurDev\Ordinances\20150rdinances\Vacation Rentals\BCC9-22-15.doc
ORDINANCE 2015- PROPOSED ORDINANCE 1
I
limitations on the number of automobiles parked outside of a carport and garage
pfevisiefis of t — se,.';,,., shall not preclude the parking of automobiles by persons
visiting a single-family home.
1. For a vacation rental that has a carport or garage, the number of automobiles
that may be parked outside of a carport or garage shall be limited to one
automobile per bedroom not to exceed a total of five (5) automobiles parked
outside the carport or garage. Automobiles parked outside of a carport or
garage shall be parked within a designated and improved or stabilized driveway
and not within any required yard area.
2. For a vacation rental that has no carport or garage, the total number of
automobiles parked shall be limited to two automobiles plus one automobile per
bedroom not to. exceed a total of five (5) automobiles parked on site.
Automobiles parked outside of a carport or garage shall be parked within a
designated and improved or stabilized driveway and not within any required
Yard area.
3. For all vacation rentals, all automobiles except for service and delivery vehicles
shall be parked on-site and shall not be parked within a road right-of-way
except within a designated and improved or stabilized driveway.
4. For all vacation rentals, the number of automobiles parked outside of a carport
or garage may exceed the limitations and maximum set forth above if the excess
parking spaces are provided on the single-family lot outside of required setback
areas, are visually screened from view from any adjacent public or private
street by a Type "C" buffer with 6' opaque feature, and are not occupied by
automobiles from 10 pm to 8 am. In addition, prior to use of any excess parking
spaces, the vacation rental owner shall apply for and obtain approval from the
planning division of an administrative approval site plan depicting each excess
parking space and demonstrating compliance with these regulations and
standards applied by Traffic Engineering and Fire Prevention.
SECTION#4: SEVERABILITY
If any clause, section or provision of this Ordinance shall be declared by a court of competent
jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated
from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and
be as valid as if such invalid portion thereof had not been incorporated therein.
SECTION#5: REPEAL OF CONFLICTING ORDINANCES
The provisions of any other Indian River County ordinance that are inconsistent or in conflict with
the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict.
SECTION #6: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or
Bold Underline: Additions to Ordinance 3
StAke t#eu& Deleted Text from Existing Ordinance 224
F-\Community Development\CurDev\Ordinances\20150rdinances\Vacation Rentals\BCC9-22-15.doc
ORDINANCE 2015- PROPOSED ORDINANCE 1
i
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or
any other appropriate word.
SECTION #7: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Department of State.
This ordinance was advertised in the Press-Journal on the day of , 2015, for a
public hearing to be held on the day of , 2015, at which time it was moved
for adoption by Commissioner , seconded by Commissioner , and
adopted by the following vote:
Chairman Wesley S. Davis
Vice Chairman Bob Solari
Commissioner Joseph E. Flescher
Commissioner Tim Zorc
Commissioner Peter D. O'Bryan
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
The Chairman there upon declared the ordinance duly passed and adopted this day of
, 2015.
BY:
Wesley S. Davis, Chainnan
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
BY:
Deputy Clerk
This ordinance was filed with the Department of State on the following date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
4611 .
A 01Z7
90-Dylan Reingo d, County Attorney
APPROVED AS TO PLANNING MATTERS
Stan Boling, AI �P; Qommunity Development Director
Bold Underline: Additions to Ordinance 4
&Fike-t�engh, Deleted Text from Existing Ordinance 2251
F•\Community Development\CurDev\Ordinances\2015 Ordinances\Vacation Rentals\BCC9-22-15.doc
-- - - - AC E -1 A, - --
Indian River County Board of Commissioners Walter H. Forman, MD
180127th St 2440 23RD ST SE
Vero Beach, FL 32960. Vero Beach, FL 32963.
BY HAND October 1, 2015.
Daily Rental Ordinances
Dear Sirs:
I personally attended your Board meeting on September 22, 2015 and waited in the audience for an
opportunity to address you on the Daily Rental Ordinances you were debating. Unfortunately, I had an
office full of patients to attend to and could not wait any longer. For the same reason I am unable to
address you in person at your meeting of October 6, 2015. 1 have thus provided this letter to Dr.Thomas
Gillman to read into the record at the meeting.
I have lived at the above address, a 0.7 acre property in unincorporated Indian River County since 1978.
During this period of 37 years my family and our neighbors to the south have enjoyed a quiet and peaceful
oceanfront lifestyle. Even during the destructive and stressful Hurricane periods our neighborhood
through the hard work,care,consideration and help of our neighbors of 17 and 22 years respectively were
able to restore our quiet and peaceful quality of life very quickly.
This quiet and peaceful existence that endured for 34 years and numerous Hurricanes changed for the
worse when in 2012, you allowed commercial daily rental businesses to operate at our residence front
doors. Specifically, a 0.3 acre property boarding groups of over 16 people of unknown origin arriving in
10, 12 and even 18 cars and trucks for short periods of time has removed the pristine peace and tranquility
of the adjoining 3.2 acre properties. In other words a rental business occupying 9% of the property area
has negatively impacted the quality of life and value of 91%of the adjoining properties over the last three
years.
i
Words written on a piece of paper cannot convey noise, garbage stench, trespassing, commercial parking
lots, parties, reunions and general social abuse from these types of unregulated businesses. You have to
personally experience the affront of these businesses to properly understand and feel the distress of your
constituents by having one of these businesses operating on the front door step of your residences.
With this in mind, the message I would like delivered to you, is the Event Ordinance you recently passed
will amount to nothing without the steel of the Proposed Parking Ordinance backing it up. 10 cars parked
on the lawn of a 0.3 acre property with 18 strangers claiming to be on "vacation and enjoying a football
barbecue"has the same disruptive effect as a "Wedding or Family Reunion". You control the car influx,
you control the disruptive stranger influx and their parties irrespective of how they describe the event.
In conclusion, please follow the sound advice of your own Planning and Zoning Commission who rejected
both Part 4 of the Proposed Ordinance and the suggestion the Business Parking restriction should be set
aside when the owner sleeps at the house for a week in each year.Your Planning and Zoning Commission
saw through this ploy of undermining the annual State Business Dwelling license and so should you.
Should you follow the advice of your own Planning and Zoning Commission by implementing their version
of the Parking Ordinance and enforcing the Event Ordinance, you will not have cured the problems of
2012 but will certainly have provided some small measure of relief.
Yours Sincerely,
Walter H. Forman, MD.
—2-23—A
Treasure Coast NewspapersTCPALM
Indian River Press Journal
1801 U.S. 1, Vero Beach, FL 32960 F
AFFIDAVIT OF PUBLICATION
STATE OF FLORIDA-------------_w._�_------------------------------._____._�.�--
COUNTY OF INDIAN RIVER
Before the undersigned authority personally appeared,Sherri Cipriani,who on oath says that she is Classified Inside Sales
Manager of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the
attached copy of advertisement was published in the Indian River Press Journal in the following issues below.Affiant further
says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and
that said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in
Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;
and affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission
or refund for the purpose of securing this advertisement for publication in the said newspaper.The Indian River Press Journal
has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period
of one year next preceding the first publication of the attached copy of advertisement.
Customer Ad Number Copyline PO g
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Pub Dates
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INDIAN RIVER, COUNTY, FLORIDA \
MEORANDUM
TO: Joseph A. Baird, County Administrator
THROUGH: Christopher R. Mora, P.E., Public Works Director
Richard B. Szpyrka, P.E., Assistant Public Works Director®
FROM: Michael D. Nixon, P.E., Roadway Production Manager
SUBJECT: Petition Paving(Millings)Improvements for 4th Place from 661h Avenue to one block east
of 63`d Avenue in the Pine Tree Park Subdivision, Units 2 and 3 IRC Project No. 1327
ONE YEAR FOLLOW-UP AND TERMINATION OF PROJECT
DATE: September 14, 2015
DESCRIPTION AND CONDITIONS
Representatives in Pine Tree Park Subdivision, Units 2 and 3 presented County staff with a petition to
install asphalt millings on 4th Place east of 66th Avenue. The proposed improvements were to install
asphalt millings within the existing unpaved lanes of 41h Place. The roadway limits are from 66th Avenue
to one block east of 63`d Avenue including the adjoining side street of 65th Avenue mid-block north and
south of 41h Place. Based on front footage,the original petition indicated that 75.9%of affected property
owners were in favor of the project which met the requirements for petition paving(millings).
On April 8,2014,the Board approved a Providing Resolution and a Resolution to hold a Public Hearing to
discuss the project in detail for each property owner in the benefited area. A Public Hearing was
scheduled for Tuesday, May 20, 2014 at 9:05 A.M. in the Indian River County Commission Chambers.
Prior to the Public Hearing, a group of petitioners contacted Board members stating that they were no
longer in favor of the millings project primarily due to cost. In response to this,the Board directed staff
to send letters to all of the petitioners to determine if the project was still desired.
Per the Board's direction, letters were sent to all of the petitioners in favor of the project to verify their
continued support. A self-addressed, postage-paid envelope was enclosed for a written response. To
date, nine petitioners reversed their support for the project. Based on the revised petition,only 55.1%
(based on front footage) are now in favor of the project. The minimum per the IRC code is 66.7%.
Therefore, this project no longer meets the requirements for petition paving(millings).
On May 6,2014 the revised petition was brought before the Board with the recommendation to approve
a Resolution effectively rescinding Resolution No.2014-030(to provide millings)and Resolution No.2014-
031 (setting the Public Hearing)and terminating the proposed millings project and public hearing. The
project and the public hearing were indefinitely postponed. The Board then directed staff to contact the
nine petitioners who reversed their support for the project to see if they would be supportive if the price
was reduced down to the original engineer's estimate. If they supported the project at the lower price,
then the petition project would be kept viable until such time that the millings reach that dollar amount.
226
F-\Public WorWENGINEERING DIVISION PROJECTS\13274th Place-63rd Ave to 66th Ave-Millings\Admin\agenda items\13274th Place-Pet,Paving,follow-up 10-&2015.doc
Page 2
4th Place Petition Millings Project
(661h Avenue to one block east of 63rd Avenue)—Pine Tree Park Subdivision, Units 2 and 3
ONE YEAR FOLLOW-UP AND TERMINATION OF PROJECT
For October 6, 2015 BCC Meeting
If the petitioners did not support the project at the lower price by September 30, 2015, the Board
directed staff to terminate the project. Of the nine petitioners who withdrew support,six responded that
they do not support the project even at the lower price. Three did not respond.
RECOMMENDATION
Terminate the project because six of the nine petitioners who withdrew their petition do not support the
project at the lower price, three petitioners did not respond, and the project falls short of the 66.7%
approval requirement.
DISTRIBUTION
1. Terry Cook, Road & Bridge Superintendent
2. Vincent M. Burke, P.E., Director of Utilities Services
APPROVED AGENDA ITEM
FOR October 6. 2015
Indian River County ApprqQk Date
B Administration
/ Budget ` 3a
Legal 4- "�� (�
V Utilities 4� is
Public Works 9 a 4
Engineering
227
F:\Public Works\ENGINEERING DIVISION PROJECTS\13274th Place 63rd Ave to 66th Ave-MillinsAAdmin\a`enda items\13274th Place-Pet.PavinL follow-up 10-15-2015.doc
X0111 '. INDIAN RIVER COUNTY, FLORIDA h� DEPARTMENT OF UTILITY SERVICES
UR1��
Date: September 25, 2015
To: Joseph A. Baird, County Administrator
From: Vincent Burke, P.E., Director of Utility Services
Prepared By: Gordon Sparks, P.E., Environmental Engineer (;E,.s
Arjuna Weragoda, P.E., Capital Projects Manager A0
Subject: Approval of Retaining Tim Rose Contracting, Inc. to Restore the Outside
Southbound Lane of US Hwy. 1 Damaged by a Water Main Break
DESCRIPTIONS AND CONDITIONS:
In May of 2012 a water service leak damaged the outside travel lane of US Hwy. 1 in front of Elmer's Flea
Market at 945 US Hwy. 1. The Operations staff of the Indian River County Utility Department repaired the
leak and restored the pavement. In March 2013 the 8" water main broke in the same area. Again,
Operations staff of the Indian River County Utility Department repaired the water main and restored the
pavement on US Hwy. 1. However, the water main break had raised the pavement and damaged the
base and subgrade making a more permanent roadway repair necessary sometime in the future. Since
FDOT was going to be working in the area for the US Hwy. 1 roadway project south of 11th Street SW,
IRCDUS staff planned on having the permanent repair done in conjunction with the upcoming road
project.
ANALYSIS:
At that time the plan to properly repair the roadway was to retain the contractor (Community Asphalt)
selected by the FDOT to construct the US Hwy. 1 widening and drainage improvements south of 11th
Street SW which begin in January 2013. FDOT later informed the County that the work could not be
added to the current contract they had with Community Asphalt.
The extent of damage and exact method of restoration required would not be known until the pavement
and underlying layers of material were removed and evaluated. Therefore, IRCDUS staff designed two
different options to repair the damaged lanes (Option A— Base Group 11 and Option B — 12" of Asphalt
Base) that are an approved FDOT standard specification. However, to make certain a proper and lasting
repair was made, FDOT ultimately decided the roadway should be repaired with Option A Base Group 11,
which is two lifts of base material. Therefore, Community Asphalt, Blue Goose Construction and Tim Rose
Contracting were asked to give the IRCDUS a price to do the work using this type of base group.
C:\Users\aobertautsch\Desktop\A1-Agenda to Retain Tim Rose 9-21-15.doc Page 1 of 2 p
228
The three contractors submitted the following prices:
1. Community Asphalt $71,179.39
2. Blue Goose Construction $66,085.00
3. Tim Rose Contracting, Inc. $51,987.50
The County is also required to obtain a Utility Permit from the FDOT. The permit application was
submitted by IRCDUS staff to FDOT on August 19, 2015.
FUNDING:
Funding for the repair work is available in the South US 1 to County line project account in the Utilities
Fund. Funds for this project are derived from the R&R fund in the operating budget. The operating fund
budget is derived from water and sewer-revenues.
ACCOUNT NAME ACCOUNT NUMBER AMOUNT
S. US 1 to County Line Utility Relocations 47123536-044699-13502 $51,987.50
RECOMMENDATION:
Due to time constraints the staff of the Department of Utility Services recommends that the Board of
County Commissioners waive the bid process and authorize the Purchasing Division to issue a Purchase
Order to Tim Rose Contracting, Inc., the lowest responsive and responsible bidder, to make the lane
repairs to US 1 in the amount of$51,987.50.
ATTACHMENTS:
1. Community Asphalt Construction Price Submittal
2. Blue Goose Construction Price Submittal
3. Tim Rose Contracting, Inc. Price Submittal
APPROVED FOR AGENDA: Indian River Co. Ap r ved Date
Administration 0/0/
By:
Legal rwL
Jos ph A. Balyd, County Administrator Budget
Purchasing 'Z$
Date Utilities c�
Utilities-Finance Gym alag is
F:\Utilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-US 1 at Elmer's Flea Market Pavement Restoration\Al-Agenda to
Retain Tim(2)Rose 9-21-15.doc
229 j�
i
QUOTATION & CONTRACT
Blue QUOTE No:
Goose Quote Date:
Constructi®n Plan Date:
Heavy CMI IUnderground UUlitlesIComplete Site Development/marine Project: USI South of OSLO Pavement
TO: CONTACT:
PHONE:
FAX:
EMAIL:
SCOPE OF WORK
ITEM Quantity Unit Unit Price Extension
Mobilization 1 Lump Sum $6,40000 $6,40000
Maintenance of Traffic 1 Lump Sum $7,00000 $ 7,000.00
Excavation Regular 350 CY $2300 S 8,05000
Type B Stabilization 12" Subgrade 475 SY $11.50 $ 5,462.50
Super Pave Traffic C 12 5 3"Thick 475 SY $2300 $ 10,925 00
Super Pave Traffic C 9.5 1"Thick 475 SY $18.40 S 8,74000
Thermo 6"White Solid 600 Lin Fl $1 60 $ 96000
Thermo 6"White Skip 10'-30' 600 Lin Ft $1.80 $ 1,080.00
Thermo 6"White Skip 10'-30' 600, Lin Fl $1.80 $ 1,080.00
SUB-TOTAL $49,697 50
Optional Base Group 11 Two Lifts 475 SY $34 50 S 16,387.50
Asphalt Pavement Base 475 SY $51.75 $24,581 25
op 71 O/V
Attachment23'0
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Timothy Rose Contracting, Incorporated
1360 S W �_`'�� �;.'<:.�.'`•'i �s,
Old Dixie Highway `
'
Suite# 106 Date Number
Vero Beach, FL 32962
9/11/2015 15-075
Phone# (772)564-7800
Fax# (772)564-7888
Name/Address Project:
Indian River County Utilities U
1800 27th Street S 1 a Oslo Road
Building B
Vero Beach,FL 32960-3365
QtY Descripti6n Uriit Price Amount
1 Mobilize 5,600.00 5,600.00
1 MOT 4,200.00 4,200.00
350 Excavate Regular 350 Cu Yds 31.64 11,074.00
475 Type B Stabilize 475 Sq Yds 6.00 2,850.00
475 Superpave 3"- 12.5 475 Sq Yds 21.66 10,288.50
475 Superpave FC 1"-9.5 475 Sq Yds 9.00 4,275.00
600 Thermo 6"White 2.00 1,200.00
600 Thermo 10-30 Skip 0.60 360.00
600 Thermo 10-30 Skip 0.60 360.00
475 Optional Base Group A 24.80 11,780.00
Thank you for the opportunity to provide this quotation.
Total $51,987.50
Attachment3><
OHL
c�-
Community If-2 R1,F L -3 3-02 8
3-2 od�, 331 '-'e r
- -
417!
177
12
F�L'
To: Indian River County Contact:
Address: 1840 25Th Street Phone: 772-226-1384
Vero Beach,FL.32960 Fax: 772-770-5140
Project Name: US HWY I SOUTH OF OSLO PAVEMENT RESTORATION Bid Number.
Project Location: Bid Date:
Line# Item—# Item Description Estimated Quantity Unit Unit Price Total Pricel
101-1 Mobilization 1.00 LS $8,709.95 $8,709.95
102-1 Maintenance Of Traffic 1.00 LS $8,528.94 $8,528.94
120-1 Excavation Regular 350.00 CY $7.84 $2,744.00
160-4-1 Type B Stabilization(12"Subgrade LBR 40) 475.00 SY $25.97 $12,335.75
334.1-13A superpave Asphaltic Concrete(Traffic QSP- 475.00 SY $28.60 $13,585.00
12.5)(Y)
337-1 Superpave Asphaltic Concrete Friction Course 475.00 SY $17.08 $8,113.00
(Traffic QSP-9.5)(I-)
711-11-121 Thermoplastic Solid Traffic Strip(6"White) 600.00 LF $1.32 $792.00
711-11-141B Thermoplastic Skip Stripe(6"White 10'-30-) 600.00 LF $1.32 $792.00
711-11-1418 Thermoplastic Skip Stripe(6"White 10'-30-) 600.00 LF $1.32 $792.00
Total Price for above Items: $S6,392.64
Option A
285.711 Optional Base Group 11 (Two Lifts)-Option A 475.00 SY $31.13 $14,786.75
Total Price for above Option A Items: $14,786.75
Option B
285-7 (12")Asphalt Pavement Base In Lieu of 475.00 SY $65.28 $31,008.00
Optional Base 11 Stabilized Exist,Sub-Grade-
Option B
Total Price for above Option 11 Items: $31,008.00
Total Bid Price: $102,187.39
Notes:
Price shown DOES NOT Include Performance and Payment bond. Add %if bond is required.
Due to existing grades and conditions,we will not be responsible for 100%drainage of surface water following resurfacing.
Price does not Include as-builts.
Price does not include permit fees or procurement of permits.
Prices are firm for 30 days and may be subject to escalation thereafter.
• If option B is selected,Type B Stabilization will not be Included and needs to be deducted from the total.
Payment Terms:
Payment due within 30 days of date of Invoice,regardless of when payment is made by Owner
7116/2015 9:33:28 AM
Attachment *712
t
I
1
ITEM 14.A.1
October 6, 2015
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER-OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: September 18, 2015
SUBJECT: Interlocal Agreement Establishing the Treasure Coast Workforce
Consortium and the Workforce Development Board of the Treasure
Coast, Inc.
FROM: Wesley S. Davis
Commissioner Dis 'ct 1
I kindly request your consideration in addressing the attached Interlocal Agreement
(with red-lined changes) Establishing the Treasure Coast Workforce Consortium and
the Workforce Development Board of the Treasure Coast, Inc.
Attachments: Interlocal Agreement
Red-lined Interlocal Agreement
233,
.:INTERILOCAL-AGREEM ENT:ESTABOSHING THE
WORKFORdE1DEVELOPM ENT IBOARDOF • •
THIS AGREEMENT, made and entered into pursuant to the authority of Section 163.01, Florida Statutes, by and
between the following three (3) counties passing resolutions to that effect, including the Counties of Indian River, Martin
and St. Lucie, of the State of Florida,
WITNESSETH that:
WHEREAS, Public Law 113-128, enacted by the Congress of the United States effective July 22, 2014, which act
is known as the "Workforce Innovation and Opportunity Act" (hereinafter called the "WIOA"), the purpose of which is to
help job seekers access employment, education, training, and support services to succeed in the labor market and to
match employers with the skilled workers they need to compete in the global economy; and
WHEREAS, the WIOA replaces the Workforce Investment Act of 1998 and retains and amends the Adult
Education and Family Literacy Act, the Wagner-Peyser Act, and the Rehabilitation Act of 1973; and
WHEREAS, the WIOA makes state and local boards more agile and well-positioned to meet local and regional
employers'workforce needs; and
WHEREAS, the WIOA maintains the Governor's ability to identify regions within their state by aligning local areas
into regions for coordinated planning and service delivery strategies and further provides that a consortium of units of
general local government may constitute such a workforce planning area; and
WHEREAS, WIOA promotes alignment of workforce development programs with regional economic
development strategies to meet the needs of local and regional employers;and
WHEREAS, the Board of County Commissioners of each of the parties to this Agreement desires that its county
be included in a regional workforce development system for its citizens to benefit from the WIOA; and
WHEREAS, the WIOA requires local Workforce Development Boards (WDB) to coordinate and align
workforce programs to provide coordinated, complementary, and consistent services to job seekers and employers; and
WHEREAS, it is the responsibility of the Board of County Commissioners of each county in the region to appoint
members to the workforce development board in accordance with the WIOA and an agreement entered into by the Board
of County Commissioners of each county; and
WHEREAS, it is the responsibility of the WDB, in accordance with an agreement with the Board of County
Commissioners of each county in the region, to determine procedures and select an entity to develop a workforce
development strategic plan, and select a grant recipient and entity to administer the plan; and
WHEREAS, the plan must be approved and submitted jointly by the WDB and the Board of County
Commissioners of each county in the region.
NOW,THEREFORE,the parties hereto agree as follows:
1. Establishment of Treasure Coast Workforce Consortium
There is hereby established a multijurisdictional arrangement (hereinafter called the "Treasure Coast Workforce
Consortium") among all the parties hereto for the express purpose of collectively carrying out the individual
responsibilities of each parry to this Agreement under the WIOA. The Treasure Coast Workforce Consortium
Page 1 of 5 234
I
'INTERLOCALAGREtMENt,,tstABL!sHiN�0,Tii'
.-TREASURE.COAST WORKFORCE CONSORTIUWAND-THE
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shall consist of three (3) members. The Chairman of the Board of County Commissioners of each county shall
serve as his/her County's representative on the Treasure Coast Workforce Consortium; however, provided that
any such Chairman of a Board of County Commissioners may designate another member of his/her County
Commission to attend meetings of the Treasure Coast Workforce Consortium on his/her behalf, and any such
designated member of a County Commission shall have full voting rights and privileges.
2. Identification of Parties to this Agreement
Each of the parties to this Agreement is a county of the State of Florida, and as such is a general purpose political
subdivision which has the power to levy taxes and spend funds, as well as general corporate and police powers.
The governing body of each of the parties to this Agreement is its Board of County Commissioners and each parry
to this Agreement is identified as follows:
Name Address
Board of County Commissioners 1801 27th Street
Indian River County, Florida Vero Beach, FL 32960
Board of County Commissioners 2401 S.E. Monterey Road
Martin County, Florida Stuart, FL 34996
Board of County Commissioners 2300 Virginia Avenue
St. Lucie County, Florida Fort Pierce, FL 34982
3. Geographical Area to be Served by this Agreement
The geographical areas which will be served by this Agreement are the entire geographical areas of each of the
three (3) member counties, which geographical areas are legally described in Chapter 7, Florida Statues, and for
purposes of this agreement, shall be known as the Treasure Coast.
4. Size of Pooulation to be Served
The population of the three county area to be served by this Agreement is 571,821 based upon the population
projections for 2014 prepared by the Florida Department of Economic Opportunity, Bureau of Labor Market
Statistics.
5. Agreement Not Prohibited by Law
This Agreement is not prevented by State or local law from taking effect in the entire geographical area which it
intends to serve.
6. Responsibilities of Treasure Coast Workforce Consortium '
The parties to this Agreement hereby authorize the Treasure Coast Workforce Consortium to exercise all
decision-making powers, provided to the Board of County Commissioners of each county pursuant to the WIOA, over all
plans, programs, and agreements. More specifically, the Treasure Coast Workforce Consortium is hereby authorized:
Page 2 of 5 235
1
• t
-WORKFORCE.D8VELOPMENT'IBOARDOF
(1) to appoint the members of the Workforce Development Board of the Treasure Coast, in accordance with
Section 107 of Title I of the WIOA and Section 8 of this Agreement, which shall serve the functions described in Section
107 of Title I of the WIOA; and
(2) to enter into an agreement or agreements with the Workforce Development Board of the Treasure Coast,
herein named WIOA grant recipient and administrative entity for the development of the WIOA plan as described in
Section 108 of Title I of the WIOA; and
(3) to review and approve all WIOA plans prepared under Section 108 of Title I of the WIOA and jointly
submit, along with the Workforce Development Board of the Treasure Coast, said plans to the Governor; and
(4) to perform any other appropriate duties necessary for the accomplishment of and consistent with the
purposes of this Agreement and the WIOA.
7. Quorum and Voting
At all meetings of the Treasure Coast Workforce Consortium, the presence in person of a majority of the whole
Treasure Coast Workforce Consortium shall be necessary and sufficient to constitute a quorum for the transaction of
business. At all meetings of the Treasure Coast Workforce Consortium at which a quorum is present, all matters shall be
decided by the vote of a majority of the members of the Treasure Coast Workforce Consortium.
8. Establishment. Composition and APDointment of the Workforce Development Board
There is hereby established a Workforce Development Board, which shall be constituted in accordance with the
requirements of Section 107 of Title I of the WIOA and this Section 8 of this Agreement (hereinafter called the"Workforce J
Development Board of the Treasure Coast"). The initial number of members of the Workforce Development Board of the t�
Treasure Coast shall be twenty-one (21). Thereafter, the number of members of the Workforce Development Board shall I
be determined by the Board. 11
Members shall be appointed for fixed and staggered terms and may serve until their successors are appointed.
Terms of Workforce Development Board members shall be three (3) years. Any vacancy in the membership of the
Workforce Development Board shall be filled in the same manner as the original appointment. Members may be
reappointed for successive terms if the sponsoring organization agrees. Any member of the Workforce Development
Board may be removed for cause in accordance with procedures established by the Workforce Development Board.
A majority of the Workforce Development Board shall be representatives of the private sector, who shall be
owners of businesses, chief executives or chief operating officers of businesses, and other business executives or
employers with optimum policy-making or hiring authority or who represent businesses with employment opportunities that
reflect the employment opportunities of the local area.
Private sector nomination, and the individuals selected by the Treasure Coast Workforce Consortium from such
nominations, shall reasonably represent the industrial and demographic composition of the business community. The
Chairman of the Workforce Development Board shall be selected from among members of the Board who are
representatives of the private sector.
Page 3 of 5 236
-INTERL•
-T.REAS.URE.COAST,WORKFORCECONSORT4UMt-.�ND THE
'DLOPMENT.;BOARD-',OF�THETREASURE�COAST,'.INC.
;WORKFORCE EVE '
The private sector representatives on the Workforce Development Board shall be selected by the Treasure Coast
Workforce Consortium from individuals nominated by general-purpose business organizations, such as chambers of
commerce, economic development agencies, business councils, and business trade organizations.
All nominations to the Workforce Development Board must be the CEO, or manager or equivalent of their
organization whether private or public.
The education representatives on the Workforce Development Board shall be nominated by regional or local
educational agencies, institutions or organizations representing such local educational entities and appointed by the
Treasure Coast Workforce Consortium.
The labor representatives on the Workforce Development Board shall be selected by the Treasure Coast
Workforce Consortium from individuals nominated by local labor organizations.
The rehabilitation agency representatives on the Workforce Development Board shall be selected by the Treasure
Coast Workforce Consortium from the individuals nominated by local rehabilitation agencies.
The community-based organization representatives on the Workforce Development Board shall be selected by the
Treasure Coast Workforce Consortium from the individuals nominated by local community-based organizations.
The economic development agency representatives on the Workforce Development Board shall be selected by
the Treasure Coast Workforce Consortium from the individuals nominated by local economic development agencies.
The one-stop representatives on the Workforce Development Board shall be selected by the Treasure Coast
Workforce Consortium from individuals representing one-stop partners. I
Other individuals or representatives of other entities may be included as the Workforce Development Board may
determine to be appropriate and are so appointed by the Treasure Coast Workforce Consortium.
9. Workforce Development Area Designation
Pursuant to the designation by the Governor, the three (3) counties constituting the Treasure Coast Workforce
Consortium shall be the Treasure Coast Workforce Development Region, previously a substate service delivery area
under the Workforce Innovation Act, as provided for in Section 107 of Title I of the WIOA for the geographical area
covered by this Agreement.
10. No Local Funds Required of Counties
No funds will be mandated from the treasuries of any of the parties to this Agreement for implementation of the
WIOA, it being the intent hereof that all funding of the WIOA shall be accomplished entirely by grants pursuant to the
WIOA and any other available State or Federal grants.
11. Duration of Agreement
This Agreement shall have the duration equal to the period that the Treasure Coast Workforce Development
region designation remains in effect for the geographical area covered by this Agreement. Any party to this Agreement
may withdraw from this Agreement by passing a resolution to such effect and providing thirty(30)days notice to the other
Page 4 of 5 237
i
• - s - o • : o • - esCOAST,
parties to this Agreement. However, the validity,force, and effect of this Agreement shall not be affected by the withdrawal
of one(1)or more parties to this Agreement.
12. Effective Date
This agreement shall be effective when executed by the parties hereto and when a copy of this agreement has
been filed with the Clerks of the Circuit Courts of the respective counties.
IN WITNESS WHEREOF, the undersigned parties have executed this agreement.
BOARD OF COUNTY COMMISSIONERS-INDIAN RIVER COUNTY, FLORIDA
County Clerk Date Chairman Date
Approved as to form and legal sufficiency
County Attorney Date
BOARD OF COUNTY COMMISSIONERS-MARTIN COUNTY, FLORIDA
County Clerk Date Chairman Date
Approved as to form and legal sufficiency
County Attorney Date
BOARD OF COUNTY COMMISSIONERS-ST. LUCIE COUNTY, FLORIDA
County Clerk Date Chairman Date
Approved as to form and legal sufficiency
County Attorney Date
Page 6 of 5
238 ,1
INTERLOCAL AGREEMENT ESTABLISHING THE
TREASURE COAST WORKFORCE CONSORTIUM
AND THE
WORKFORCE DEVELOPMENT BOARD OF THE TREASURE COAST
THIS AGREEMENT, made and entered into pursuant to the authority of Section 163.01, Florida
Statutes, by and between the following feaF-(43three 3 counties passing resolutions to that effect,
including the Counties of Indian River. Martin and St.
Lucie, of the State of Florida,
WITNESSETH that:
WHEREAS, Public Law 405 228113-128, enacted by the Congress of the United States effective
1
August 7, 1998July 22. 2014, which act is known as the 'Workforce investment Innovation and
Opportunity Acts-�' (hereinafter called the 'WIOA'), the purpose of which is to help mob seekers
I
access employment, education training and support services to succeed in the labor market and to c
match employers with the skilled workers they need to compete in the global economy 9FGe
and
WHEREAS, the WIOA replaces the Workforce Investment Act of 1998 and retains and amends
i
the Adult Education and Family Literacy Act the Wagner-Peyser Act and the Rehabilitation Act of r
197
PartAtepship AGt(jT-PA), en August 7, 1998, effertive july 1, 1999 in the Slate 9f ; and
WHEREAS, the WIOA makes state and local boards more agile and well-positioned to meet local
and regional employers' workforce need
WOFkfgFGe
and
WHEREAS, the .WIOA FequiFes-_maintains the Governor's ability to identify regions within their
state by aligning local areas into regions for coordinated planning and service delivery strategies designate
nd
further provides that a consortium of units of general local government may constitute such a workforce
deyelepmeRt7gLa area; and
WHEREAS, WIOA promotes alignment of workforce development programs with regional
economic development strategies to meet the needs of local and regional emoloversthese-wedc#eFGe
; and
6
239
I
WHEREAS, the Board of County Commissioners of each of the parties to this Agreement desires
that its county be included in a regional workforce development system for its citizens to benefit from the
WIOA; and
WHEREAS, the WIOA requires local Workforce Development Boards (WDB) to
coordinate and align workforce programs to provide coordinated complementary, and consistent services
to iob seekers and employer
and
WHEREAS, it is the responsibility of the Board of County Commissioners of each county in the
Iregion to appoint members to the workforce development board in accordance with the WIOA and an
agreement entered into by the Board of County Commissioners of each county; and
WHEREAS, it is the responsibility of the WDB, in accordance with an agreement with the Board of
County Commissioners of each county in the region, to determine procedures and select an entity to
develop a workforce development strategic plan, and select a grant recipient and entity to administer the
plan;and
WHEREAS, the plan must be approved and submitted jointly by the WDB and the Board of
County Commissioners of each county in the region.
NOW, THEREFORE,the parties hereto agree as follows:
1. Establishment of Treasure Coast Workforce Consortium
There is hereby established a multijurisdictional arrangement (hereinafter called the 'Treasure
Coast Workforce Consortium') among all the parties hereto for the express purpose of collectively
carrying out the individual responsibilities of each party to this Agreement under the WIOA. The Treasure
Coast Workforce Consortium shall consist of feU(1)1hree 3 members. The Chairman of the Board of
County Commissioners of each county shall serve as his/her County's representative on the Treasure
Coast Workforce Consortium; however, provided that any such Chairman of a Board of County
Commissioners may designate another member of his/her County Commission to attend meetings of the
Treasure Coast Workforce Consortium on his/her behalf, and any such designated member of a County
Commission shall have full voting rights and privileges.
2. Identification of Parties to this Agreement
Each of the parties to this Agreement is a county of the State of Florida, and as such is a general
purpose political subdivision which has the power to levy taxes and spend funds, as well as general
corporate and police powers. The governing body of each of the parties to this Agreement is its Board of
County Commissioners and each party to this Agreement is identified as follows.
Name Address
Board of County Commissioners 1801 27"'Street
Indian River County, Florida Vero Beach FL 32960
Board of County Commissioners 2401 S.E. Monterey Road
Martin County, Florida Stuart, FL 34996
6
240 j
IBoard of County Commissioners 2300 Virginia Avenue
St. Lucie County, Florida Fort Pierce, FL 3495934982
Fe BeaGh, Fl, 32960)
eGhebee, rml, 34974
3. Geographical Area to be Served by this Agreement
The geographical areas which will be served by this Agreement are the entire geographical areas
Iof each of the #eU-(44three 3 member counties, which geographical areas are legally described in
Chapter 7, Florida Statues, and for purposes of this agreement, shall be known as the Treasure Coast.
4. Size of Population to be Served
The population of the fear--three county area to be served by this Agreement is 4342571.821
based upon the population projections for ApFil 1--449952014 prepared by the
Florida Department of Economic
Opportunity. Bureau of Labor Market Statistics.
5. Agreement Not Prohibited by Law
This Agreement is not prevented by State or local law from taking effect in the entire geographical
area which it intends to serve.
6. Responsibilities of Treasure Coast Workforce Consortium
The parties to this Agreement hereby authorize the Treasure Coast Workforce Consortium to
exercise all decision-making powers, provided to the Board of County Commissioners of each county
pursuant to the WIOA, over all plans, programs, and agreements. More specifically, the Treasure Coast
Workforce Consortium is hereby authorized:
(1) to appoint the members of the Workforce Development Board of the Treasure Coast, in
accordance with Section 44-7--107 of Title I of the WIOA and Section 8 of this Agreement,which shall serve
the functions described in Section 44-7--107 of Title I of the WIOA; and
(2) to enter into an agreement or agreements with the Workforce Development Board of the
Treasure Coast, herein named WIOA grant recipient and administrative entity for the development of the
WIOA plan as described in Section 44-9-108 of Title I of the WIOA; and
(3) to review and approve all WIOA plans prepared under Section 44-8-108 of Title I of the
WIOA and jointly submit, along with the Workforce Development Board of the Treasure Coast, said plans
to the Governor; and
(4) to perform any other appropriate duties necessary for the accomplishment of and
Iconsistent with the purposes of this Agreement and the WIOA.
7. Quorum and Voting
At all meetings of the Treasure Coast Workforce Consortium, the presence in person of a majority
of the whole Treasure Coast Workforce Consortium shall be necessary and sufficient to constitute a
_ 6
241.'
quorum for the transaction of business. At all meetings of the Treasure Coast Workforce Consortium at
which a quorum is present, all matters shall be decided by the vote of a majority of the members of the
Treasure Coast Workforce Consortium.
8. Establishment. Comgosition and A000intment of the Workforce Develooment Board
There is hereby established a Workforce Development Board,
, which shall be constituted in accordance
with the requirements of Section 44-7-107 of Title I of the WIOA and this Section 8 of this Agreement
(hereinafter called the "Workforce Development Board of the Treasure Coast'). The initial number of
members of the Workforce Development Board of the Treasure Coast shall be "thF9e(43)twenty-one
(21). Thereafter, the number of members of the Workforce Development Board shall be determined by
the Board.
Members shall be appointed for fixed and staggered terms and may serve until their successors
are appointed. Terms of Workforce Development Board members shall be three (3)years. Any vacancy
in the membership of the Workforce Development Board shall be filled in the same manner as the original
Iappointment. Members may be reappointed for a-successive terms if the sponsoring organization agrees.
Any member of the Workforce Development Board may be removed for cause in accordance with
procedures established by the Workforce Development Board.
A majority of the Workforce Development Board shall be representatives of the private sector,
who shall be owners of businesses, chief executives or chief operating officers of businesses, and other
business executives or employers with optimum policy-making or hiring authority or who represent
businesses with employment opportunities that reflect the employment opportunities of the local area.
Private sector nomination, and the individuals selected by the Treasure Coast Workforce
Consortium from such nominations, shall reasonably represent the industrial and demographic
composition of the business community. The Chairman of the Workforce Development Board shall be
selected from among members of the Board who are representatives of the private sector.
The private sector representatives on the Workforce Development Board shall be selected by the l
Treasure Coast Workforce Consortium from individuals nominated by general-purpose business
organizations, such as chambers of commerce, economic development agencies, business councils, and
business trade organizations.
All nominations to the Workforce Development Board must be the CEO, or manager or equivalent
of their organization whether private or public.
The education representatives on the Workforce Development Board shall be nominated by
regional or local educational agencies, institutions or organizations representing such local educational
entities and appointed by the Treasure Coast Workforce Consortium.
The labor representatives on the Workforce Development Board shall be selected by the
Treasure Coast Workforce Consortium from individuals nominated by local labor organizations.
6
242{
The rehabilitation agency representatives on the Workforce Development Board shall be selected
by the Treasure Coast Workforce Consortium from the individuals nominated by local rehabilitation
agencies.
The community-based organization representatives on the Workforce Development Board shall
be selected by the Treasure Coast Workforce Consortium from the individuals nominated by local
community-based organizations.
The economic development agency representatives on the Workforce Development Board shall
be selected by the Treasure Coast Workforce Consortium from the individuals nominated by local
economic development agencies.
The one-stop representatives on the Workforce Development Board shall be selected by the
Treasure Coast Workforce Consortium from individuals representing one-stop partners.
Other individuals or representatives of other entities may be included as the Workforce
Development Board may determine to be appropriate and are so appointed by the Treasure Coast I
Workforce Consortium.
9. Workforce Develooment Area Designation
IPursuant to the designation by the Governor, the fouF(4)three 3 counties constituting the
Treasure Coast Workforce Consortium shall be the Treasure Coast Workforce Development Region,
previously a substate service delivery area under the Workforce Innovation
Act, as provided for in Section 4466-107 of Title I of the WIOA for the geographical area covered by this
Agreement.
10. No Local Funds Reauired of Counties
No funds will be mandated from the treasuries of any of the parties to this Agreement for
implementation of the WIOA, it being the intent hereof that all funding of the WIOA shall be accomplished
entirely by grants pursuant to the WIOA and any other available State or Federal grants.
11. Duration of Agreement
This Agreement shall have the duration equal to the period that the Treasure Coast Workforce
Development region designation remains in effect for the geographical area covered by this Agreement.
Any party to this Agreement may withdraw from this Agreement by passing a resolution to such effect and
providing thirty (30) days notice to the other parties to this Agreement. However, the validity, force, and
effect of this Agreement shall not be affected by the withdrawal of one (1) or more parties to this
Agreement.
12. Effective Date
This agreement shall be effective when executed by the parties hereto and when a copy of this
agreement has been filed with the Clerks of the Circuit Courts of the respective counties.
IN WITNESS WHEREOF,the undersigned parties have executed this agreement.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY FLORIDA
I b
243;
'1
County Clerk Date Chairman Date
Approved as to form and legal sufficiency
County Attorney Date
BOARD OF COUNTY COMMISSIONERS
MARTIN COUNTY, FLORIDA
County Clerk Date Chairman Date
Approved as to form and legal sufficiency
County Attorney Date
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
County Clerk Date Chairman Date
Approved as to form and legal sufficiency
County Attorney Date
BOARD OF GQWNP�GGIVIMISSIGNERS
INDIAN RIVER GOWNTY, FLORIDA
GeuRty'01ark Date 6hairrean
Date
BOARD OF GQWNP�GGIVIMISSIONERSI
6eunty Glerk Date Chairman pate
f
b
244