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01/13/2015AP
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: January 12, 2015 SUBJECT: IRL-NEP Reorganization FROM: Commissioner Bob Solari I will apologize in advance for the length of this presentation. It will at times be dull and tedious. But I have actually worked to cut out a lot of the superfluous material and have condensed a body of material, which could easily be five times the length. Today my focus is not on the substance of the proposed IRL-NEP inter-local agreement but rather on the process of how the proposed inter-local agreement was generated. First a quote, President Calvin Coolidge said: "it is much more important to kill bad bills than it is to pass good ones." I believe these words, especially in view of the flood of bad laws in the past few years, particularly from Washington, are as valid today as they were when first uttered by President Coolidge. I preface my remarks about the proposed inter-local agreement with a self- evident statement: The entire Indian River Board of County Commissioners understands that the health of the Indian River Lagoon is imperiled, that we must actively work to return it to health and that we are committed to do all that we reasonably can to return the Lagoon to a healthy condition. Indian River County began its work to clean up the Lagoon many years ago. It has put in place a number of projects that remove nitrogen and phosphorus like the Egret Marsh and Spoonbill Marsh projects. The Osprey Marsh will soon be in operation adding to these efforts. In the Lagoon itself we recently established a new oyster reef, the first of what I believe will be a series of oyster reefs put in the Lagoon to help filter and clean the water. We can and will return the Lagoon to health. But, as elected officials we need to proceed in a way that is open and transparent and is consistent with the principles of good government, principles, which support our American form of Representative Democracy. The existing Indian River Lagoon-National Estuary program is being reorganized. The reorganization has been rushed from the start with the single goal of getting a new organization in place as soon as possible. The rush to a new inter-local agreement has been repeatedly justified by saying, now is the time to get buckets of State and Federal funds for new projects. We must complete the reorganization now, as quickly as possible, in order to get as much money as possible. Interestingly, repeated almost as a mantra, right after "more money now" has been the idea that the reorganized IRL-NEP will result in more local control. I will note that there was never a discussion on how the IRL-NEP was to be reorganized to result in more local control and my reading of the agreement tells me that rather than more local control, what local control there is, will be significantly eroded. I will now relate highlights of the project beginning with the first time the possibility of reorganization was mentioned to the IRL-NEP Advisory Board. 1. April 30, 2014 — IRL-NEP Advisory Board meeting. Drew Bartlett, Deputy Director of FDEP, asks to be added to the agenda in order to "float an idea". He is added to the Agenda and later, as the minutes of the meeting state: "Mr. Bartlett led the Board in a discussion about whether the SJRWMD should remain the IRLNEP sponsor, or if another form of sponsorship is appropriate." 2. June 25, 2014 — IRL-NEP Advisory Board meeting. Reorganization of the existing IRL-NEP is discussed and an IRLAB subcommittee is formed. I volunteered for and was appointed to the subcommittee. Staff was directed to get certain information, including examples of the Mission Statements of other NEPs, which was never presented to the subcommittee. The minutes of the meeting show that the subcommittee was given six specific duties: a. Create structure of NEP b. Determine Policy Board Members c. Consider Management Board Members. d. Draft Inter-local agreement. e. Draft Mission statement f. Determine appropriate funding level for NEP. 3. August 18, 2014 — First meeting of subcommittee. Before the meeting an inter-local agreement was drafted by staff for discussion, with no subcommittee input and sent to the Subcommittee members. Minutes of the meeting suggest that the subcommittee began by discussing the draft agreement. This is false. It was a two- hour meeting and the first hour was basically me asking multiple foundation questions and asking for the response to be in writing. The questions were basically sidestepped and there was never a written response from staff. The subcommittee did not address five of the six duties charged to us by the Advisory Board, Interestingly, during the discussion the subcommittee was told that "The Governor spoke with DEP" and was told to make it more locally responsive, that it was to be a "locally driven program at the grass roots level". The IRL-NEP Interim Director Maurice Sterling said at the meeting: "Your Advisory Board voted unanimously to move the Tampa Bay model." I recall no such vote, the minutes reflect no such vote, and the statement is contradicted by the fact that the minutes clearly show that the AB charged the subcommittee to "Create structure of the NEP". The subcommittee did discuss, during the review of the staff drafted inter- local agreement, one of the six duties that it was given. It discussed the Policy Board Members that staff had presented in the draft. I said that the three agencies listed, FDEP, the SJRWMD and SFWMD should not be voting Board members. Henry Dean an advisor to the SJRWMD responded saying; "I can say with some assurance...they need a voice..." if they are to contribute such a "substantial number of their ad valorem dollars". He then made a stronger statement: "Neither department nor two districts will participate if they are not voting members." This statement persuaded the subcommittee to leave the agencies as voting members of the Policy Board. However, a subsequent public information request shows Mr. Dean's statements to be false. The minutes of the September 9, 2014 Governing Board meeting of the SJWMD, which authorized "the Executive Director or his designee, to negotiate and execute a new Indian River National Estuary Program inter-local agreement and provide $500,000 in fiscal year 2014-2015 funding to the program", does not include a requirement that a member from the SJRWMD be a voting member of the Policy Board. An audio of the meeting confirms that the requirement that someone from the SJRWMD be a voting member on the new IRL-NEP, in order for the SJRWMD to fund the new IRL-NEP, was never discussed at the Governing Board meeting_ The public information request also asked about FDEP's requirement to be a voting member before it would provide funding. The response to the Public Information request states: "There are no responsive documents related to this item." Given the subcommittee was told that idea for the reorganization came from the governor's office I did another Public Information Request to the Governor. I asked for: 1) "Any memorandum or directive from the Governor's Office which directs FDEP, SJRWMD or SFWMD to have a vote on the reorganized IRL-NEP before making any monetary contribution to the IRL-NEP; 2) Any policy from the Governor's Office that would suggest the FDEP, SJRWMD or SFWMD would be required a vote on the reorganization of the IRL-NEP before any monetary contribution could be made by the FDEP, SJRWMD or SFWMD to the IRL-NEP," The response from the Governor's Office of Open Government States: "A search of the Executive Office of the Governor's files produced no responsive records." In short, based on the responses to the public information requests, there is no basis for Mr. Dean's assertions that: "Neither department nor two districts will participate if they are not voting members," 4. September 8, 2014 — Solari letter to Maurice Sterling outlining problems in the reorganization process particularly regarding lack of Financial Information, failure to have any meaningful discussion on the new organizations goals and objectives and reliance on a 6 year old Comprehensive Conservation and Management Plan, which the Interim Director had said was "long in the tooth, as the basis of the new IRL-NEP. I did ask that this letter be made part of the agenda package — but was told, erroneously, that doing so would be a violation of the sunshine laws, 5, September 18, 2014 — By this time it was clear that the existing IRL-NEP had no meaningful financial information and no clue as to what its costs would be going forward. I invited the IRL-NEP Interim Director up to the County to try to develop some financial information. Budget Director Jason Brown and I met with Mr. Sterling, another SJRWM district employee, and, by phone, two members of the SJRWMD accounting department. (I would ask Jason to give us his opinion of that meeting and his opinion of the financial information available about the IRL-NEP.) I will note that Jason did put together a good set of pro-forma financials based on the information provided, which was ignored at the next subcommittee meeting. So, we have an organization responsible for roughly $1,000,000 in taxpayer dollars, reorganizing, for essentially one reason, to get a lot more in the way of taxpayer dollars. And neither the subcommittee nor the Advisory Board has had one meaningful discussion on a proposed budget, financial controls or how they will present financial information and account for taxpayer dollars in the future. 6. September 24, 2014 — Advisory Board Meeting. During this meeting the draft inter-local agreement was discussed, and importantly everyone at the meeting was told that they could suggest changes and make comments regarding the draft inter-local agreement. 7. November 19, 2014 — Second and last meeting of the subcommittee. The meeting began with me challenging the minutes of the August 18 subcommittee as inadequate because they totally failed to mention the first hour of the two-hour meeting. In just part, I said: "The minutes reflect that a discussion about the inter- local agreement took place, but nothing of substance is noted in the minutes that might be of help to any member of the IRL-NEP Advisory Board or the public, which would help them better understand the process and reasoning behind what was done by the design team," The first hour, of the August 18 meeting where I tried to generate a meaningful discussion about what I thought were essential issues was omitted from the minutes. At the November 19 meeting I read a long statement about problems with the process and the failure to address the duties that the Advisory Board had given to the subcommittee. This statement was essentially ignored and the meeting basically turned over to Carolyn Ansay, an attorney hired by the SFWMD to draft an inter-local agreement. Importantly, though at least eleven groups submitted comments, at the invitation of the Advisory Board, to the subcommittee, none of these comments were discussed. Instead, the discussion moved directly to Ms. Assay's version of an inter-local agreement. (Mr. Reingold attended that meeting, and I will now ask him to give us his recollection of how the meeting went.) 8. December 17, 2014 - IRL-NEP Advisory Board meeting. At this meeting there was basically a rush to pass an inter-local agreement for the new IRL-NEP. I tried to bring up a number of issues and problems and was basically told to shut up, that the Lagoon needed this agreement now. So after my initial attempts to discuss those items that would be required in a rational process, I simply voted against a series of motions as Ms. Ansay's inter-local agreement was discussed and moved forward. At the end of the meeting, with the new inter-local approved by all save one, a member of the SJRWMD Governing Board, who sits on the IRL-NEP, said that now we need to go for the "Big Ask". Now "we need to ask for $1 billion dollars." So, with no discussion of goals or objectives, with no discussion about how the money could best be spent, with no structure to account for monies received and dispensed, a new organization based on an organization that in the past handled roughly $1 million dollars a year wants to be responsible for $1 billion of the taxpayers' money in the next years. A rush to a new organization, a subcommittee set up which ignores the duties charged to it by the Advisory Board. The most fundamental questions simply ignored. People regularly saying that the new IRL-NEP would result in more local control when control will clearly be in the hands of a staff controlled by the regulatory agencies. How could such an important process be moved forward in such an irrational manner? I came across, what I believe to be the answer, in documentation I received in a Public Information request I made to the SJRWMD. In the documentation was a contract. But first, a quote from the September 9, 2014 issue of the SJRWMD "Water News": "The District's Governing Board today authorized entering into an inter-local agreement that is being drafted with area stakeholders that will outline the new organization's structure and path forward. The agreement is being drafted by existing IRL NEP Advisory Board members and volunteers serving on a recently-created "Design Team" for the IRL NEP." (Emphasis added). (This was the first time I recall the subcommittee being referred to as the "Design Team".) This is what I thought was the purpose of the design team, to draft the new inter-local agreement. Clearly I was wrong in thinking this. The actual purpose of the Design Team became clearer when I read part of a contract between the SJRWD and Henry Dean and Associates, LLC., that I only came across because of my Public Information request. On page 7, Attachment B-Statement of Work, 11. Objective, it states: Objective: "To replicate the Tampa Bay Estuary Program ("TBEP") entity and operational format for the management of the IRUNEP ideally with the entity having federal tax status such that private contributions to it may be deductible as charitable contributions under the Internal Revenue Code (IRC) section 170." This contract is dated April 18, 2014. Thus, before a "Design Team" was established, before in fact a "Design Team" was even discussed by the IRL-NEP Advisory Board, before the April 301h meeting where the Deputy Director of FIDEP said that he "wanted to float an idea", before in fact the Advisory Board voted to go forward with the reorganization of the IRL-NEP, some person or people, in some agency, decided what the outcome was to be, thought out how best to achieve that outcome and arranged for a consultant to be paid, initially $30,000, increased to up to $45,000, to reach that outcome. This explains why the "Design Team" was given only the Tampa Bay based inter-local agreement to discuss. It explains why attempts to have other issues discussed, like financial aspects of a new IRL-NEP, goals and objectives of the new IRL-NEP, mission statement, reasons why the prior model was unsuccessful, why numerous issues that one might rationally expect would be discussed if one was actually serious about creating a successful organization, were passed over with no discussion. What was the purpose of The "Design Team" charged, according to the September 9, 2014 issue of the SJRWIVID "Water News", with developing the "new organization's structure and path forward" and drafting the new inter-local agreement? At this time I can only guess that it was to provide political cover for some person or people who decided months ago that they wanted to change the direction of the IRL-NEP. 1, for one, would have appreciated being advised of this before offering to serve on the "Design Team". If I had been made aware that the dye had already been set, I would not have spent the 100 or so hours that I have on this trying to accomplish what the Advisory Board and others said that they wanted, an open and transparent board that would give local governments more control and was actually interested in returning the Lagoon to better health. Thank you for your patience and attention. IRL- NEP Inter-local Agreement Proposed Path Forward for Indian River County Bob Solari 1-13-15 1 believe that the proposed inter-local agreement for the new IRL-NEP can be saved. Not that it can easily be all that it could have been had it began as an open and transparent process with all involved doing the type of role up your sleeves work that it deserves, but that it can be saved. It can be saved with two substantial changes. First, a meaningful sunset clause, a sunset clause where in five years renewal comes back to each of the five county commissions. Where, as part of an open and transparent process the IRTL-NEP has to show what it has done in the past five years and what it will do in the next five years. This meaningful sunshine clause should be in the agreement because the citizens along the lagoon deserve it. They deserve to know as a part of an open and transparent process, how and why their money is being spent. Second, the voting parties need to be limited to the elected officers of the five counties. The regulatory bodies can stay on as parties, but the voting parties should be representatives elected by the people. Those who regulate us do not need a further vote in how we implement their regulations. In fact, the proposed inter-local dictates an absurd outcome: the agencies who regulate us will be allowed to decide on and vote on the projects which are to move forward, and the same agencies will then be required to permit those projects. We do not need to strengthen the Administrative State, those unelected agencies who control more and more of our American government and which do so outside of the public eye, to often with no public input and to often with no accountability. On the new IRL-NEP we need voting members who are elected representatives because that strengthens our representative democracy. Our responsibility to the people we represent is not to weaken the office in which we serve but rather to strengthen the people's representative democracy. Unfortunately, more and more today, elected officials are not responsible to the people who elect us, but to the administrators who regulate us. I believe that we must save the Lagoon but in order to save the Lagoon we do not need to weaken our Representative Democracy. We can both save the Lagoon and strengthen our form of government. It will take more work, but we were elected to do that work and should not hesitate in fulfilling our obligations to those who Put US in office. A-9 - BOARD OF COUNTY COMMISSIONERS -5 Joseph E. Flescher Wes ley S. Davis G'•�� District 2 Chairman District 7 i4 Tim t tt f o rc Bob Solari C District 3 Vice Chalrittatrt Peter D. O't3ryctu District 5 District 4 January 14, 2015 Maurice Sterling, Interim Director Indian River Lagoon National Estuary Program St. Johns River Water Management District 4049 Reid Street Palatka, FL 32178-1429 Dear Mr. Sterling: On January 13, 2015, Commissioner Bob Solari made a presentation to the Board of County Commissioners of Indian River County (the "Board") explaining the process of the reorganization of the Indian River Lagoon National Estuary Program. A copy of his presentation materials is attached for your review. Based upon the significant issues raised in that discussion, the Board voted unanimously to reject the proposed Indian River Lagoon National Estuary Program Interlocal Agreement (the "Agreement"), which you sent to me on December 24, 2015. As explained in the attached presentation materials, please understand the Board is concerned about the health of the Indian River Lagoon. The Board has taken significant steps and spent millions of dollars in furtherance of returning the Indian River Lagoon to a healthy condition. The Board, however, does have grave concerns with the proposed Agreement and thus cannot approve it in its current form. At a minimum, the Agreement must contain a meaningful sunset provision. Additionally, the organization must be governed by a board which is comprised solely of five voting members who are representatives from the five governing boards of the counties within the Indian River Lagoon estuary. The Board believes any successful board responsible for improving the health of the Indian River Lagoon must be directly accountable to the citizens and voters of the region. Please be aware that our County Attorney will be closely reviewing the proposed Agreement and thus may identify additional issues, such as the need for a detailed budget of the new entity. 180127'.17 Street, Building A Vero Beach. FL 32960 (772) 226-1490 Al Maurice Sterling, Interim Director January 14, 2015 Page Two I respectfully request a copy of this letter and the attached materials be provided to all of the members of the Indian River Lagoon Advisory Board. Sincerely, Vii... Wesley S. Davis Chairman Informational Matters-B.CC. 01.13.15 VOf ce of x INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County:Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: January 5, 2015 SUBJECT: Code Enforcement Board Vacancy On January 5, 2015, Aaron Bowles, submitted his resignation as the Engineer representative to the Code Enforcement Board. His term expires in January 2016. Anyone interested in serving on the Code Enforcement Board, and meeting the requirements for the Engineer representative, will need to submit an application and rdsumd to the Board of County Commissioners Office, County Administration Building A, 1801 27th Street, Vero Beach, FL 32960. Application forms can be accessed online at www.ircgov.com/boards/committee applications, or at the Board of County Commissioner's Office. ATTACHMENT(S). • January 5, 2015 - resignation APPROVED FOR January 13,2015 Indian River Co. Ap roved Date B.GC MEETING—INFORMATIONAL MATTERS Admin. t g /5 Co.Atty. t1 Budget Dept llbi 7 COUNTYATTORNEY Risk Mgr. DR:cm Y..All,rnn Ch-lino(Y2174lr!'Y7s:C eienernl ilunrr..-1 C.1X,,,,da lk--150/03 QnudesJnrun n,,--R., 1 Dori Roy Subject: Code Enforcement Board resignation From: aaronb@mbveng.com [mailto:aaronb@mbveng.com] Sent: Monday,January 05, 2015 7:45 AM To: Reta Smith Cc: Dmyersandassociatesyahoo.com; Pete@pinna cleconstruction.biz;Joe@BlaisElectric.com; Karl@Karl- zimmermann.com;Tony@BriteFutureElectric.com; Roland Deblois Subject: Code Enforcement Board Reta, Not sure of the proper protocol, but I wanted to let you and the rest of the Board know that I need to resign from the Code Enforcement Board effective today. Due to conflicting schedules with other extracurricular activities, I am not available to serve for the next three years. Perhaps if there is still a need down the road, I could reapply. If there is something else I need to do besides this e-mailed notification, please let me know. It's been a pleasure working with staff and board members and best of luck to everyone. Aaron Aaron Bowles, P.E. Vice President I MBV Engineering, Inc. 1835 20th Street I Vero Beach, Florida 32960 P: 772.569.0035 x1 13 F: 772.778.3617 aaronb@mbveng.com www.mbveng.com Also with offices in Melbourne : 321.253.1510 and Ft. Pierce: 772.468.9055 S MBVFlorida l�tar,�\ RI I h it RVI i� Environmental r�� ENGINEERING, INC. Consulting, Inc. • . 2 PROCLAMATION HONORING RICHARD HABESHIAN ON HIS RETIREMENT FROM �1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS ! DEPARTMENT OF GENERAL SERVICESISANDRIDGE GOLF CLUB 1 WHEREAS, Richard Habeshian retired from Indian River County effective December I 28, 2014, and k WHEREAS, Richard Habeshian began his career with Indian River County on February 14, 2001, as a Driving Range Attendant at Sandridge Golf Club, and on October 24, 2003, he was promoted to Outside Operations Attendant and continued in that capacity until his retirement; and WHEREAS, Richard Habeshian has served this County and the Public with distinction ) and selflessness. During his thirteen years of service, he was dedicated and his work was greatly appreciated by the employer, co-workers and public alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY ! COMMISSIONERS OF IND]AN RIVER COUNTY, FLORIDA, that the Board applauds Richard Habeshian's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River Countyfor the last thirteen years; and i BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors. Adopted this 13th day of January 2015. BOARD OF COUNTY COMMISSIONERS RIVER CO INDIAN RIVER COUNTY, FLORIDA Wesley S. Davis, Chairman �ORIUp' v 1 f I a� ' This is to cerG~ify that I E 4chardMa6eshian is here6 presented this y pr t &tirement Award for outstanXing performance and faithfu(service to Inaran94ver County Board of County Commissioners Tor thirteen years of service 4. on this 28th day of 0ecem6er 2014 Michael Zito Wesley S. (Davis. �'Assistant County Administrator Board of County Commissioner, Chairman JEFFREY R. SMITH, CPA, CGFO, CGMA �o�N;y •, Clerk of Circuit Court&Comptroller Finance Department 1801 27t' Street C. Vero Beach, FL 32960s,,y ► TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: December 24, 2014 SUBJECT: APPROVAL OF WARRANTS December 19, 2014 to December 25, 2014 In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of December 19, 2014 to December 25, 2014. Attachment: DB: MS 5 CHECKS WRITTEN CHECK NBR CK DATE VENDOR AMOUNT 320854 12/24/2014 PORT CONSOLIDATED INC 59,525.17 320855 12/24/2014 STURGIS LUMBER&PLYWOOD CO 4.38 320856 12/24/2014 JORDAN MOWER INC 48.79 320857 12/24/2014 TEN-8 FIRE EQUIPMENT INC 2,858.10 320858 12/24/2014 VERO CHEMICAL DISTRIBUTORS INC 857.05 320859 12/24/2014 RICOH USA INC 142.63 320860 12/24/2014 VELDE FORD INC 177.57 320861 12/24/2014 RUSSELL CONCRETE INC 1,006.00 320862 12/24/2014 AT&T WIRELESS 99.16 320863 12/24/2014 DELTA SUPPLY CO 10.40 320864 12/24/2014 E-Z BREW COFFEE&BOTTLE WATER SVC 21.46 320865 12/24/2014 GRAINGER 205.48 320866 12/24/2014 GENES AUTO GLASS INC 255.00 320867 12/24/2014 GRAYBAR ELECTRIC 1,164.07 320868 12/24/2014 REPUBLIC SERVICES OF FLORIDA 74.30 320869 12/24/2014 HACH CO 247.67 320870 12/24/2014 HD SUPPLY WATERWORKS,LTD 3,532.90 320871 12/24/2014 BOUND TREE MEDICAL LLC 117.09 320872 12/24/2014 PETES CONCRETE 1,200.00 320873 12/24/2014 EXPRESS REEL GRINDING INC 2,000.00 320874 12/24/2014 LAWMENS&SHOOTERS SUPPLY INC 1,787.50 320875 12/24/2014 GENERAL PART INC 1,326.16 320876 12/24/2014 K&M ELECTRIC SUPPLY 177.92 320877 12/24/2014 PALM TRUCK CENTERS INC 783.33 320878 12/24/2014 SOFTWARE HARDWARE INTEGRATION 51,552.58 320879 12/24/2014 PST SERVICES INC 22,279.58 320880 12/24/2014 CITY OF VERO BEACH 32,039.56 320881 12/24/2014 INDIAN RIVER ALL FAB INC 3,187.85 320882 12/24/2014 HUMANE SOCIETY 20,042.50 320883 12/24/2014 CULTURAL COUNCIL OF IRC 10,107.61 320884 12/24/2014 EXCHANGE CLUB CASTLE 4,673.87 320885 12/24/2014 GEOSYNTEC CONSULTANTS INC 533.54 320886 12/24/2014 DUMONT COMPANY INC 11527.25 320887 12/24/2014 IRC CHAMBER OF COMMERCE 24,248.08 320888 12/24/2014 CITY OF SEBASTIAN 19,781.65 320889 12/24/2014 SPRINT SPECTRUM LP 61.28 320890 12/24/2014 VERO HERITAGE INC 477.40 320891 12/24/2014 ACUSHNET COMPANY 84.81 320892 12/24/2014 PHILLIP J MATSON 112.13 320893 12/24/2014 CITY OF FELLSMERE 17.04 320894 12/24/2014 NEW HORIZONS OF THE TREASURE COAST 23,229.50 320895 12/24/2014 TREASURE COAST SPORTS COMMISSION INC 2,600.00 320896 12/24/2014 COX GIFFORD SEAWINDS 850.00 320897 12/24/2014 GERALD A YOUNG SR 30.00 320898 12/24/2014 INDIAN RIVER COUNTY HISTORICAL 1,500.00 320899 12/24/2014 G K ENVIRONMENTAL INC 255.00 320900 12/24/2014 JOHN BROWN&SONS INC 5,700.00 320901 12/24/2014 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 30.00 320902 12/24/2014 BRIDGE DESIGN ASSOCIATES INC 5,012.50 320903 12/24/2014 DONADIO AND ASSOCIATES ARCHITECTS 992.25 320904 12/24/2014 ST LUCIE COUNTY BOCC 28,279.00 320905 12/24/2014 ARCADIS U S INC 293.28 320906 12/24/2014 RUSSELL PAYNE INC 398.16 320907 12/24/2014 JOSEPH W VASQUEZ 40.00 320908 12/24/2014 THE CLEARING COMPANY LLC 2,045.00 320909 12/24/2014 FLORIDA RURAL LEGAL SERVICES INC 4,176.00 320910 12/24/2014 PAK MAIL CENTER 41.62 320911 12/24/2014 MBV ENGINEERING INC 1,187.50 6 1 CHECK NBR CK DATE VENDOR AMOUNT 320912 12/24/2014 E W SIVER&ASSOCIATES INC 6,031.25 320913 12/24/2014 MICHAEL P MERRITT 235.38 320914 12/24/2014 SUNBELT RENTALS INC 670.02 320915 12/24/2014 MARY COLLIS 60.00 320916 12/24/2014 JOHNNY B SMITH 60.00 320917 12/24/2014 DUPERON CORPORATION 11,400.00 320918 12/24/2014 CHARLES A WALKER 40.00 320919 12/24/2014 DANIEL IOFFREDO 110.00 320920 12/24/2014 SERVICE INSURANCE COMPANY 5,760.00 320921 12/24/2014 SANDY ARACENA 120.00 320922 12/24/2014 MARILYN LEWIS 50.00 320923 12/24/2014 INEOS NEW PLANET BIOENERGY LLC 59,614.26 320924 12/24/2014 WOERNER DEVELOPMENT INC 911.00 320925 12/24/2014 ACTS RETIREMENT-LIFE COMMUNITIES INC 22,844.73 320926 12/24/2014 SOUTHEAST JET CONSULTLANTS INC 589.65 320927 12/24/2014 BOULEVARD TIRE CENTER 1,626.15 320928 12/24/2014 SAFETY SCHELL CORPORATION 11,054.14 320929 12/24/2014 JOSEPH CATALANO 60.00 320930 12/24/2014 FLORIDA ENVIRONMENTAL CONSULTING INC 2,833.33 320931 12/24/2014 RAYMOND J DUCHEMIN 110.00 320932 12/24/2014 ALLDATA LLC 1,500.00 320933 12/24/2014 KEITH GROCHOLL 60.00 320934 12/24/2014 ORLANDO FREIGHTLINER INC 47.06 320935 12/24/2014 AMERICAN MESSAGING SERVICES LLC 3.31 320936 12/24/2014 LOWES HOME CENTERS INC 238.36 320937 12/24/2014 BURNETT LIME CO INC 6,440.00 320938 12/24/2014 TREASURE COAST TURF INC 1,536.00 320939 12/24/2014 STRAIGHT OAK LLC 118.80 320940 12/24/2014 COURSE TRENDS INC 300.00 320941 12/24/2014 WADE WILSON 40.00 320942 12/24/2014 RICHARD BEECHER 60.00 320943 12/24/2014 AXIS DATA SOLUTIONS INC 1,193.79 320944 12/24/2014 BRYAN CAVE LLP 33,252.60 320945 12/24/2014 PAMELA S SLECKITIS 398.82 320946 12/24/2014 PAMELA R PETTICREW 355.44 320947 12/24/2014 SUSAN J COPPOLA 219.42 320948 12/24/2014 SEBASTIAN AIRPORT STORAGE LLC 1,881.43 Grand Total: 516,833.61 7 2 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1005463 12/19/2014 PRAXAIR DISTRIBUTION SOUTHEAST LLC 29.70 1005464 12/19/2014 COMMUNICATIONS INTERNATIONAL 25,376.55 1005465 12/19/2014 ROBINSON EQUIPMENT COMPANY INC 175.60 1005466 12/19/2014 COPYCOINC 90.44 1005467 12/19/2014 UNIVERSAL SIGNS&ACCESSORIES 32,108.05 1005468 12/19/2014 SUB AQUATICS INC 77.14 1005469 12/19/2014 RELIABLE SEPTIC AND SERVICE 45.00 1005470 12/19/2014 WIGINTON CORP 403.00 1005471 12/19/2014 SVI SYSTEMS INC 3,471.00 1005472 12/19/2014 HD SUPPLY FACILITIES MAINTENANCE LTD 1,537.01 1005473 12/19/2014 SIEMENS INDUSTRY INC 2,052.00 1005474 12/19/2014 SOUTHERN JANITOR SUPPLY INC 2,011.56 1005475 12/19/2014 COPYTRONICS INC 115.80 1005476 12/19/2014 CAPITAL OFFICE PRODUCTS 138.44 1005477 12/19/2014 BENNETT AUTO SUPPLY INC 221.00 1005478 12/19/2014 CON-AIR INDUSTRIES INC 442.08 1005479 12/19/2014 COUNTY MATERIALS CORPORATION 898.00 1005480 12/19/2014 AT&T 12,384.14 1005481 12/19/2014 OFFICE DEPOT BSD CUSTOMER SVC 1,003.52 1005482 12/19/2014 WHEELABRATOR RIDGE ENERGY INC 6,207.55 1005483 12/22/2014 EVERGLADES FARM EQUIPMENT CO INC 843.70 1005484 12/22/2014 INDIAN RIVER BATTERY 168.00 1005485 12/22/2014 INDIAN RIVER OXYGEN INC 6,332.50 1005486 12/22/2014 DAVIDSON TITLES INC 24,538.59 1005487 12/22/2014 MIKES GARAGE& WRECKER SERVICE INC 55.00 1005488 12/22/2014 GROVE WELDERS INC 704.88 1005489 12/22/2014 FIRST HOSPITAL LABORATORIES INC 663.00 1005490 12/22/2014 FERGUSON ENTERPRISES INC 350.00 1005491 12/22/2014 GLOBAL GOLF SALES INC 682.00 1005492 12/22/2014 MIDWEST MOTOR SUPPLY CO 170.00 1005493 12/22/2014 ECONOLITE CONTROL PRODUCTS INC 217.00 1005494 12/22/2014 AUTO PARTNERS LLC 136.94 1005495 12/22/2014 S& S AUTO PARTS 615.13 1005496 12/23/2014 COLD AIR DISTRIBUTORS WAREHOUSE 251,87 1005497 12/23/2014 ABCO GARAGE DOOR CO INC 185.20 1005498 12/23/2014 ALLIED UNIVERSAL CORP 8,753.62 1005499 12/23/2014 ARAMARK UNIFORM& CAREER APPAREL LLC 786.44 1005500 12/23/2014 SOUTHERN COMPUTER WAREHOUSE 87.04 1005501 12/23/2014 SVI SYSTEMS INC 60.00 1005502 12/23/2014 COMMERCIAL ENERGY SPECIALISTS 162.29 1005503 12/23/2014 COMO OIL COMPANY OF FLORIDA 38.05 1005504 12/23/2014 SCRIPPS TREASURE COAST PUBLISHING LLC 457.08 1005505 12/23/2014 COMPLETE ELECTRIC INC 335.00 1005506 12/23/2014 SHRIEVE CHEMICAL CO 2,959.58 1005507 12/23/2014 SOUTHERN JANITOR SUPPLY INC 338.46 1005508 12/23/2014 CAPITAL OFFICE PRODUCTS 273.12 1005509 12/23/2014 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 530.44 1005510 12/24/2014 HARRIS SANITATION INC 79,602.04 1005511 12/24/2014 AT&T 1,529.60 1005512 12/24/2014 OFFICE DEPOT BSD CUSTOMER SVC 721.81 1005513 12/24/2014 NORTH SOUTH SUPPLY INC 15.54 1005514 12/24/2014 HELENA CHEMICAL 825.00 1005515 12/24/2014 INDIAN RIVER BATTERY 995.00 1005516 12/24/2014 MIKES GARAGE& WRECKER SERVICE INC 150.00 1005517 12/24/2014 HILL MANUFACTURING CO INC 1,412.00 1005518 12/24/2014 GROVE WELDERS INC 261.61 1005519 12/24/2014 FIRST HOSPITAL LABORATORIES INC 102.00 1005520 12/24/2014 MIDWEST MOTOR SUPPLY CO 112.62 8 1 TRANS. NBR DATE VENDOR AMOUNT 1005521 12/24/2014 FLAGLER CONSTRUCTION EQUIPMENT LLC 1,057.51 1005522 12/24/2014 MUNICIPAL WATER WORKS INC 6,181.40 1005523 12/24/2014 AUTO PARTNERS LLC 117.78 1005524 12/24/2014 L&L DISTRIBUTORS 2,759.98 1005525 12/24/2014 S& S AUTO PARTS 123.29 Grand Total: 235,449.69 9 2 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 3335 12/19/2014 BENEFITS WORKSHOP 7,894.56 3336 12/19/2014 NACO/SOUTHEAST 488.41 3337 12/19/2014 NACO/SOUTHEAST 63,166 20 3338 12/19/2014 ICMA RETIREMENT CORPORATION 9,829.02 3339 12/19/2014 FLORIDA LEAGUE OF CITIES, INC 4,541.16 3340 12/19/2014 ICMA RETIREMENT CORPORATION 2,150.09 3341 12/19/2014 IRC FIRE FIGHTERS ASSOC 6,060.00 3342 12/19/2014 TEAMSTERS LOCAL UNION#769 51395.00 3343 12/19/2014 FL SDU 8.118.48 3344 12/19/2014 INDIAN RIVER COUNTY SHERIFF 12,000.54 3345 12/19/2014 R J SULLIVAN CORP 93,055.20 3346 12/19/2014 CDM SMITH INC 968.50 3347 12/19/2014 SCHOOL DISTRICT OF I R COUNTY 53,416.00 3348 12/19/2014 CITY OF SEBASTIAN 137,534.83 3349 12/19/2014 VEROTOWN LLC 8,315.00 3350 12/19/2014 CITY OF FELLSMERE 899.31 3351 12/19/2014 KIMLEY HORN&ASSOC INC 12,442.50 3352 12/19/2014 KIMLEY HORN&ASSOC INC 3,083.50 3353 12/22/2014 SUPREME TITLE VERO BEACH 15,000.00 3354 12/22/2014 IRS-PAYROLL TAXES 385,996.75 3355 12/22/2014 VEROTOWN LLC 102,761.62 3356 12/23/2014 I R C HEALTH INSURANCE-TRUST 452,213.60 3357 12/24/2014 INDIAN RIVER COUNTY PROPERTY APPRAISER 236,791.64 3358 12/24/2014 INDIAN RIVER COUNTY SHERIFF 248,355.00 Grand Total: 1,870,476.91 10 1 JEFFREY R. SMITH, CPA, CGFO, CGMAo ' �eouwr► �• Clerk of Circuit Court&Comptroller '��'` , Finance Department ;A *�� 1801 27`x'Street col Vero Beach,FL 32960 �M.�.... TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: December 31, 2014 SUBJECT: APPROVAL OF WARRANTS December 26, 2014 to December 31, 2014 In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of December 26, 2014 to December 31, 2014. Attachment: DB: MS 11 CHECKS WRITTEN CHECK NBR CK DATE VENDOR AMOUNT 320949 12/30/2014 PAUL CARONE 3,688.00 320950 12/30/2014 PAUL JULIN 650.00 320951 12/30/2014 LINDSEY GARDENS LTD 269.00 320952 12/30/2014 CREATIVE CHOICE HOMES XVI LTD 440.00 320953 12/30/2014 PINNACLE GROVE LTD 1,413.00 320954 12/30/2014 VERO CLUB PARTNERS LTD 1,973.00 320955 12/30/2014 DAVID SPARKS 388.00 320956 12/30/2014 INDIAN RIVER INVESTMENT REALTY INC 481.00 320957 12/30/2014 THE PALMS AT VERO BEACH 454.00 320958 12/30/2014 ED SCHLITT LC 510.00 320959 12/30/2014 JOHN OLIVIERA 698.00 320960 12/30/2014 JOHN COLONTRELLE 670.00 320961 12/30/2014 ARTHUR PRUETT 409.00 320962 12/30/2014 JOSEPH LOZADA 1,212.00 320963 12/30/2014 LUCY B HENDRICKS 573.00 320964 12/30/2014 HFB OF FLORIDA LLC 613.00 320965 12/30/2014 EARRING POINT PROPERTIES 469.00 320966 12/30/2014 ANDRE DORAWA 630.00 320967 12/30/2014 PAULA WHIDDON 553.00 320968 12/30/2014 COURTYARD VILLAS OF VERO LLC 560.00 320969 12/30/2014 JAMES W DAVIS 288.00 320970 12/30/2014 NITA EZELL 480.00 320971 12/30/2014 LINDSEY GARDENS 11 LTD 520.00 320972 12/30/2014 MISS INC OF THE TREASUE COAST 2,358.00 320973 12/30/2014 DANIEL CORY MARTIN 1,251.00 320974 12/30/2014 CRAIG LOPES 350.00 320975 12/30/2014 PAULA ROGERS&ASSOCIATES INC 650.00 320976 12/30/2014 FIVE STAR PROPERTY HOLDING LLC 797.00 320977 12/30/2014 WILLIAM LEE 1,264.00 320978 12/30/2014 MARK BAER 26,702.00 320979 12/30/2014 33 MILES EAST INVESTMENTS LLC 567.00 320980 12/30/2014 FRESH START HOUSING LLC 948.00 320981 12/30/2014 SABEL CHASE 478.00 320982 12/30/2014 ROBERTS J GORMAN 424.00 320983 12/30/2014 JUAN CHAVES 700.00 320984 12/30/2014 REID REALTY 478.00 320985 12/30/2014 MELISSA CAMARATA 581.00 320986 12/30/2014 FOUNDATION FOR AFFORDABLE RENTAL HOUSING 623.00 320987 12/30/2014 JOHNATHON KNOWLES 634.00 320988 12/30/2014 INDIANTOWN NON-PROFIT HOUSING INC 2,318.00 320989 12/31/2014 PORT CONSOLIDATED INC 1,198.79 320990 12/31/2014 GUARDIAN EQUIPMENT INC 762.00 320991 12/31/2014 JORDAN MOWER INC 171.81 320992 12/31/2014 RANGER CONSTRUCTION IND INC 578.90 320993 12/31/2014 RICOH USA INC 150.40 320994 12/31/2014 ALARM PARTNERS 128.28 320995 12/31/2014 AT&T WIRELESS 112.75 320996 12/31/2014 PARALEE COMPANY INC 400.00 320997 12/31/2014 E-Z BREW COFFEE&BOTTLE WATER SVC 17.48 320998 12/31/2014 KELLY TRACTOR CO 403.51 320999 12/31/2014 REPUBLIC SERVICES OF FLORIDA 48,540.59 321000 12/31/2014 MCMASTER CARR SUPPLY CO 495.22 321001 12/31/2014 GAYLORD BROTHERS INC 517.18 321002 12/31/2014 HACH CO 422.00 321003 12/31/2014 WITTEK GOLF SUPPLY CO INC 18.78 321004 12/31/2014 HD SUPPLY WATERWORKS, LTD 11,293.69 321005 12/31/2014 EGP INC 182.61 321006 12/31/2014 FLUID SYSTEMS& CONTROLS INC 139.83 12 1 CHECK NBR CK DATE VENDOR AMOUNT 321007 12/31/2014 FIRESTONE COMPLETE AUTO CARE 162.60 321008 12/31/2014 CHILDCARE RESOURCES OF IRC INC 19.008.88 321009 12/31/2014 GENERAL PART INC 177.30 321010 12/31/2014 GOODYEAR AUTO SERVICE CENTER 1,350.92 321011 12/31/2014 BAKER&TAYLOR INC 1,867.31 321012 12/31/2014 MIDWEST TAPE LLC 672.83 321013 12/31/2014 NORTHERN SAFETY CO INC 58.29 321014 12/31/2014 GOLF SUPPLY HOUSE USA INC 587.44 321015 12/31/2014 PRECISION CONTRACTING SERVICES INC 10,740.75 321016 12/31/2014 MICROMARKETING LLC 70.41 321017 12/31/2014 K&M ELECTRIC SUPPLY 246.20 321018 12/31/2014 RICHARD C THERIEN 400.00 321019 12/31/2014 CREATIVE CHOICE HOMES XVI LTD 500.00 321020 12/31/2014 CLERK OF CIRCUIT COURT 851.05 321021 12/31/2014 CITY OF VERO BEACH 2,255.39 321022 12/31/2014 UNITED PARCEL SERVICE INC 22.71 321023 12/31/2014 B/C B/S OF FL ADM FEE 9,990.00 321024 12/31/2014 B/C B/S OF FL ADM FEE 33,466.50 321025 12/31/2014 PUBLIX SUPERMARKETS 66.95 321026 12/31/2014 WAL MART STORES EAST LP 227.52 321027 12/31/2014 IRC CHAMBER OF COMMERCE 22,876.11 321028 12/31/2014 ST JOHNS RIVER WATER MGMT DISTRICT 1,190.00 321029 12/31/2014 WEST PUBLISHING CORPORATION 291.00 321030 12/31/2014 SPRINT SPECTRUM LP 34.28 321031 12/31/2014 FLORIDA POWER AND LIGHT 116,096.83 321032 12/31/2014 ACUSHNET COMPANY 632.21 321033 12/31/2014 THOMAS S LOWTHER FUNERAL HOME CORP 425.00 321034 12/31/2014 BLUE CROSS&BLUE SHIELD of FLORIDA 1,519.96 321035 12/31/2014 PHILLIP J MATSON 16.91 321036 12/31/2014 TAYLOR MADE GOLF CO INC 155.65 321037 12/31/2014 CONTRACT SERVICE ENTERPRISES INC 29,836.00 321038 12/31/2014 COMMUNITY ASPHALT CORP 60,685.91 321039 12/31/2014 STRUNK FUNERAL HOMES&CREMATORY 425.00 321040 12/31/2014 TREASURE COAST SPORTS COMMISSION INC 274.00 321041 12/31/2014 COX GIFFORD SEAWINDS 850.00 321042 12/31/2014 FLORIDA STATE GOLF ASSOCIATION 177.00 321043 12/31/2014 UNITED HEALTH CARE INS COMPANY 524.25 321044 12/31/2014 ALAN C KAUFFMANN 130.00 321045 12/31/2014 GEICO 332.40 321046 12/31/2014 INDIAN RIVER COUNTY HISTORICAL 5,474.81 321047 12/31/2014 FLORIDA OUTDOOR EQUIPMENT INC 10,153.26 321048 12/31/2014 HERMOSA PROPERTIES LLC 278.00 321049 12/31/2014 HUMANA 169.48 321050 12/31/2014 PINNACLE GROVE LTD 345.00 321051 12/31/2014 HEALTHSOUTH 86.74 321052 12/31/2014 ROWMAN& LITTLEFIELD 124.84 321053 12/31/2014 FLORIDA DEPT OF JUVENILE JUSTICE 20,200.96 321054 12/31/2014 MUTUAL OF OMAHA 1,872.50 321055 12/31/2014 MUTUAL OF OMAHA 16,565.84 321056 12/31/2014 MUTUAL OF OMAHA 6,189.70 321057 12/31/2014 JOHNS EASTERN COMPANY INC 5,370.80 321058 12/31/2014 CENTRAL PUMP& SUPPLY INC 850.00 321059 12/31/2014 NATIONWIDE INSURANCE 66920 321060 12/31/2014 DICKERSON FLORIDA INC 49,259.74 321061 12/31/2014 ETR LLC 339.17 321062 12/31/2014 FLORIDA TRUST FOR HISTORIC PRESERVATIONS 75.00 321063 12/31/2014 STANLEY CONSULTANTS INC 31591.78 321064 12/31/2014 GEORGE L EARNSHAW 311.00 321065 12/31/2014 ARDAMAN &ASSOCIATES INC 1,749.00 321066 12/31/2014 DAVID DANGER-FIELD 9.75 13 2 CHECK NBR CK DATE VENDOR AMOUNT 321067 12/31/2014 SUPREME INTERNATIONAL LLC 320.62 321068 12/31/2014 1ST FIRE&SECURITY INC 725.86 321069 12/31/2014 FISHER&PHILLIPS LLP 14,823.63 321070 12/31/2014 DYNAMIC AIR QUALITY&COOLING INC 7,586.00 321071 12/31/2014 REDLANDS CHRISTIAN MIGRANT ASSOC 2,210.69 321072 12/31/2014 MARINCO BIOASSAY LABORATORY INC 2,020.00 321073 12/31/2014 TERESA PULIDO 180.00 321074 12/31/2014 FLORIDA MEDICAID 275.64 321075 12/31/2014 KNAPHEIDE TRUCK EQUIPMENT SOUTHEAST 279.26 321076 12/31/2014 SHERONICA WILSON 50.00 321077 12/31/2014 MARIE PICCA 90.64 321078 12/31/2014 HEALTH ADVOCATE 1,105.50 321079 12/31/2014 HEALTH ADVOCATE 330.00 321080 12/31/2014 WOERNER DEVELOPMENT INC 91.50 321081 12/31/2014 GUETTLER BROTHERS CONSTRUCTION LLC 252,895.50 321082 12/31/2014 JULIE NORMAN 30.00 321083 12/31/2014 DELRAY MOTORS 112.18 321084 12/31/2014 BORRELLI& PARTNERS INC 15,778.01 321085 12/31/2014 LINDA GRAHAM 180.00 321086 12/31/2014 REHMANN GROUP LLC 40,000.00 321087 12/31/2014 LOWES HOME CENTERS INC 1,820.55 321088 12/31/2014 LABOR READY SOUTHEAST INC 10,828.80 321089 12/31/2014 CB&I COASTAL PLANNING&ENGINEERING INC 1,037.30 321090 12/31/2014 PPG ARCHITECTURAL FINISHES INC 378.00 321091 12/31/2014 KYLE ANDERSON 900.00 321092 12/31/2014 ADAMS FENCE 2 LLC 475.00 321093 12/31/2014 ALEX MIKLO 40.00 321094 12/31/2014 STEVEN G HANSEN 150.00 321095 12/31/2014 TREASURE COAST TURF INC 1,249.00 321096 12/31/2014 PURCHASE NURSERY INC 200.00 321097 12/31/2014 VALERIE WATERS 310.00 321098 12/31/2014 AXIS DATA SOLUTIONS INC 15,000.00 321099 12/31/2014 BERNARD EGAN&COMPANY 3,583.93 321100 12/31/2014 MUNICIPAL LIGHTING SYSTEMS INC 5,742.00 321101 12/31/2014 AMERITAS 20,751.46 321102 12/31/2014 LANGHAM CONSULTING SERVICES INC 1,365.00 321103 12/31/2014 SKECHERS USA INC 513.94 321104 12/31/2014 RONALD NICHELSON 60.00 321105 12/31/2014 SUN LIFE FINANCIAL 4,864.00 321106 12/31/2014 SUN LIFE FINANCIAL 16,294.40 321107 12/31/2014 ASSOCIATED PAPER&SUPPLY 777.60 321108 12/31/2014 IMAGENET CONSULTING LLC 204.46 321109 12/31/2014 IAN HENGST 1,758.46 321110 12/31/2014 MYLES HOLMES 1,111.35 321111 12/31/2014 DONALD B &NICHOLE J DOYLE 500.00 321112 12/31/2014 LAWRENCE FIORELLA 32.10 321113 12/31/2014 EDWARD ALLEN 7.73 321114 12/31/2014 BLOM DANIEL 324.16 321115 12/31/2014 MICHAEL BOLL 408.34 321116 12/31/2014 BENJAMIN BOSWELL 480.58 321117 12/31/2014 ESTEVAN CRUZ 10.00 321118 12/31/2014 HOPE P PERRON 265.27 321119 12/31/2014 VERA STEVENS 96.65 321120 12/31/2014 GABRIELLE TARDIFF 87.06 321121 12/31/2014 ELODIE TILNEY 527.07 321122 12/31/2014 GLEN WIRSCH 49.04 321123 12/31/2014 VALERIA WOJCIECHOWSKI 319.60 321124 12/31/2014 EVLYN LARSON 183.58 321125 12/31/2014 BURTON J LEE 92.36 321126 12/31/2014 INFINITY AUTO INSURANCE 280.32 14 3 CHECK NBR CK DATE VENDOR AMOUNT 321127 12/31/2014 DORIS GAGNON 76.32 321128 12/31/2014 DAVID FOXX 75.00 321129 12/31/2014 ROSEMARIE FLEMING 150.00 321130 12/31/2014 MORGAN&MORGAN 79.32 321131 12/31/2014 JOHN R HERNANDEZ 26.42 321132 12/31/2014 COLE MOUNTAIN VERO BEACH FL LLC 337.46 321133 12/31/2014 UTIL REFUNDS 71.85 321134 12/31/2014 UTIL REFUNDS 65.07 321135 12/31/2014 UTIL REFUNDS 39.04 321136 12/31/2014 UTIL REFUNDS 62.22 321137 12/31/2014 UTIL REFUNDS 61.28 321138 12/31/2014 UTIL REFUNDS 79.60 321139 12/31/2014 UTIL REFUNDS 59.68 321140 12/31/2014 UTIL REFUNDS 18.60 321141 12/31/2014 UTIL REFUNDS 69.08 321142 12/31/2014 UTIL REFUNDS 15.49 321143 12/31/2014 UTIL REFUNDS 71.21 321144 12/31/2014 UTIL REFUNDS 53.64 321145 12/31/2014 UTIL REFUNDS 48.80 321146 12/31/2014 UTIL REFUNDS 87.00 321147 12/31/2014 UTIL REFUNDS 20.45 321148 12/31/2014 UTIL REFUNDS 28.89 321149 12/31/2014 UTIL REFUNDS 86.22 321150 12/31/2014 UTIL REFUNDS 92.83 321151 12/31/2014 UTIL REFUNDS 18.50 321152 12/31/2014 UTIL REFUNDS 39.58 321153 12/31/2014 UTIL REFUNDS 51.14 321154 12/31/2014 UTIL REFUNDS 67.27 321155 12/31/2014 UTIL REFUNDS 19.65 321156 12/31/2014 UTIL REFUNDS 65.07 Grand Total: 1,001,680.77 15 4 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1005526 12/31/2014 PARKS RENTAL& SALES INC 96.25 1005527 12/31/2014 ROBINSON EQUIPMENT COMPANY INC 691.78 1005528 12/31/2014 SAFETY PRODUCTS INC 1,093.34 1005529 12/31/2014 RING POWER CORPORATION 1,095.60 1005530 12/31/2014 ALLIED UNIVERSAL CORP 7,773.10 1005531 12/31/2014 SOUTHERN COMPUTER WAREHOUSE 1,890.65 1005532 12/31/2014 CENGAGE LEARNING CORPORATION 671.50 1005533 12/31/2014 SVI SYSTEMS INC 198.00 1005534 12/31/2014 COMMUNITY ASPHALT CORP 588.88 1005535 12/31/2014 SYNAGRO-WWT INC 23,497.71 1005536 12/31/2014 SOUTHERN JANITOR SUPPLY INC 319.60 1005537 12/31/2014 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 2,076.80 1005538 12/31/2014 BENNETT AUTO SUPPLY INC 481.73 1005539 12/31/2014 PACE ANALYTICAL SERVICES INC 306.00 1005540 12/31/2014 BERMUDA SANDS APPAREL LLC 541.88 Grand Total: 41,322.82 16 1 CONSENT: 1/13/15 v� Ofce of x INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County,Attorney Kate Pingolt Cotner,:Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney i DATE: January 5, 2015 SUBJECT: Resolutions Canceling Taxes on Properties Acquired by the City of Fellsmere for the Benefit of the Municipal Water System The City of Fellsmere acquired the following properties through water lien foreclosure suits; and the City has paid the 2014 taxes and redeemed all outstanding certificates on the properties: 1065 Lincoln Street, Fellsmere, FL 32948 Tax Parcel No. 31-37-00-00004-0030-00097.0 Lots 97 and 98, Block 3, Hall, Carter & James Subdivision 1048 Booker Street, Fellsmere, FL 32948 Tax Parcel No. 31-37-00-00005-0090-00211.0 Lots 211 and 212, Block 9, Hall, Carter & James Subdivision Additionally, the City's attorney has requested that the County remove the properties from the tax roll for ad valorem taxes for future years. Attached for your consideration is a resolution for each property prepared for the purpose of canceling the current ad valorem taxes, as well as future ad valorem taxes. Approved for January 13, 2015 BCC Meeting Consent Agenda Indian River Co. Approved Date i Admin. i COUNTY ATTORNEY Co.Afty. Budget ( rrj 1 Department — Risk Management _ 17 FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the attached Resolutions to cancel ad valorem taxes upon these publicly owned lands, and the Clerk to send a certified copy of each Resolution to the Tax Collector and Property Appraiser so that the current ad valorem taxes and future ad valorem taxes may be cancelled. /nhm Attachments: Letter Requests Resolutions cc: Carole Jean Jordan -Tax Collector David Nolte - Property Appraiser Warren W. Dill, City Attorney, City of Fellsmere 2 18 rte„ .,y .. .. •• . ,.. ,. . .�„ . ^Ca+.vant.}wNlli t.., .dny�il:»imtiM;:•fct q�� •3 Hk '^ ,..a 'ah =•j; el fnI L *, .:�C.�w�:Y.=;n�:..�<`".7.'-�"'.VC].i:,i��. .4Lh^SS;-marv X.�Pn, Z".t.. or:-9t-:5•. o-.VaT�d7�EXz.".'t2}'tigiS«"e .xis5..,°3 VIA ELECTRONIC MAIL: nmossali(airc-gov.com December 30, 2014 Indian River County Attorney's Office ATTN: Nancy Mossali, Legal Assistant 1801 27th Street Vero Beach, Florida 32960 RE: Re: City of Fellsmere v. Pacific Financial, LLC, et al. Case No. 312014CA000691 Property Address: 1065 Lincoln Street, Fellsmere Our File No.: 13=202 Dear Nancy: The City of Fellsmere has received the enclosed Certificate of Title for the above referenced property. There are outstanding tax certificates for the years 2008, 2009, 2010, 2011, 2012 and 2013, also due is the 2014 taxes all of which the City will be paying. The City requests that the County cancel the taxes for 2015 and take this property off the tax roll for future years. Pursuant to the Constitution of the State of Florida Article VII Section 3(c) "all property owned by a municipality and used exclusively by it for municipal or public purposes shall be exempt from taxation". Section 196.28(1) F.S. provides in relevant part "The board of county commissioners of each county of the state be and it is hereby given full power and authority 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 municipality of the state, — for road purposes, defense purposes, recreation, reforestation or other public use; and said lands shall be exempt from county taxation so long as the same are used for such public purposes". This property will be used exclusively by the City for municipal or public purposes for the benefit of the City as a whole. This property was acquired through the foreclosure of a water lien and as such the ultimate public purpose will be for the benefit of the municipal water system. Please advise if there is anything else the City needs to do to have this property removed from the tax rolls. Very tr ly yours, L Warren W. Dill City Attorney WWD/jlb Enclosures cc: Jason R. Nunemaker, City Manager(w/encl) Larry W. Napier, Director of Finance (w/encl) w:9city of fellsmerelwater lien foreclosures 1pa cific financial 13-2021correspondences4corresp nancy 12-30-14.doc 22 South Orange Street Fellsmere, Florida 32948-6740 Phone: 772-571-1616 Fax: 772-571-8615 J9 I Parcel# 31-37-00-00004-0030-00097.0 1065 Lincoln Street, Fellsmere, FL 32948 Lots 97 and 98, Block 3, Hall, Carter& James Subdivision acquired via foreclosure of a water lien (Pacific Financial, LLC) public purpose: for the benefit of the municipal water system RESOLUTION NO. 2015- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. 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 to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; 20 RESOLUTION NO. 2015- 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, which were acquired by the City of Fellsmere for use by the municipality for the benefit of the municipal water system, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Certificate of Title to City of Fellsmere, Florida describing lands, recorded in Book 2812 at Page 768, 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: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan 2 21 RESOLUTION NO. 2015- The Chairman thereupon declared the resolution duly passed and adopted this day of January, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Wesley S. Davis, Chairman ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller APPROVEGD A5, TO F ORMI AS F'tG'r, Y Bye 4� f Deputy Clerk .� u� 4+t4LLlAi^1 t�..DE:;RAa.i. fY COUNTY All CKNC r Tax Certificates Outstanding Yes No Current Prorated Tax Received and Deposited with Tax Collector $ 3 22 3120140075444 RECORDED IN THE RECORDS OF JEFFREY R.SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2812 PG: 768,12/24/201412:52 PM D DOCTAX PD 52.80 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY,FLORIDA CITY OF FELLSMERE,FLORIDA, ) a municipal corporation created pursuant ) to the laws of the State of Florida; ) Plaintiff, ) -vs- ) Case No.:312014CA000691 Judge:Cynthia L.Cox PACIFIC FINANCIAL,LLC,a Florida ) Limited liability company; AND ) OTHER UNKNOWN OCCUPANTS, ) Defendants. ) CERTIFICATE OF TITLE The undersigned, JEFFREY R. SMITH, Clerk of the Court certifies that he executed and filed a Certificate of Sale in this action on December 11, 2014 for the _ property in Indian River County,Florida described herein: Cj Lots 97 and 98, Block 3, Hall, Carter & James Subdivision, Township 31 South, Range 37 East A/K/A Lots 97 and 98, Hall, Carter and James Subdivision,Township 31 South,Range 37 East, according to the map or plat thereof as recorded in Plat Book 3, Page 2, Public Records of Indian River County, Florida. Together with any mobile home located thereon. Property Address: 1065 Lincoln Street,Fellsmere,Florida 32948 And that no objections to the sale having been filed within the time allowed for filing objections the property was sold to CITY OF FELLSMERE, FLORIDA, a municipal corporation created pursuant to the laws of the State of Florida, whose address is 22 S. Orange Street,Fellsmere,Florida 32948. WITNESS my hand and official seal of this Court on the 2?day of bwow 201 JEFFREY R. SMITH,as Clerk of the Court GpMPTR B ��.�°°uh r ��( Deputy Clerk 1 ° o� 23 BK: 2812 PG: 769 CERTIFICATE OF SERVICE The undersigned certifies that a copy hereof has been furnished by mail on this —day of 201_to: Warren W. Dill, Esq., Dill & Evans, P.L., 1565 US Highway 1, Sebastian, Florida 32958 [wwdserv@bellsouth.net and iodeedelaw(@bellsouth.net) and Pacific Financial, LLC, c/o its Registered Agent, Steven L. Modica,7154 North University Drive,#277,Tamarac,Florida 33321. County Clerk 2 24 ry d �-lµ .t.v.i'1tn�1.., IN, l " JIM rk:'.: �'3i,'!roS +& Sea.S'�`,"4a:�:�i:31iilS.x'.�:tR'?:Gd:= '�a;i�. utbTd'srd3,' �i.,.vP..im�rs't'-1�7..:.'� ,�.,"�'. 'N�.Tx�,.;Yv7`.',S�.;u.4�S'C�:"�."�,*�g` '"��x1".,�'aF.svt:s.3.. "-'.•V$ VIA ELECTRONIC MAIL: nmossall(cDircgov.com December 30, 2014 Indian River County Attorney's Office ATTN: Nancy Mossali, Legal Assistant 1801 27th Street Vero Beach, Florida 32960 RE: City of Fellsmere v. Charles Lewis, et al. Case No. 312014CA000685 Property Address: 1048 l3ooker Street, Fellsmere Our File No.: 13-203 Dear Nancy: The City of Fellsmere has received the enclosed Certificate of Title for the above .referenced property. There are outstanding tax certificates for the years 2009, 2010, 2012 and 2013, also due is the 2014 taxes all of which the City will be paying. The City requests that the County cancel the taxes for 2015 and take this property off the tax roll for future years. Pursuant to the Constitution of the State of Florida Article VII Section 3(c) "all property owned by a municipality and used exclusively by it for municipal or public purposes shall be exempt from taxation". Section 196.28(1) F.S. provides in relevant part "The board of county commissioners of each county of the state be and it is hereby given full power and authority 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 municipality of the state, ••• for road purposes, defense purposes, recreation, reforestation or other public use; and said lands shall be exempt from county taxation so long as the same are used for such public purposes". This property will be used exclusively by the City for municipal or public purposes for the benefit of the City as a whole. This property was acquired through the foreclosure of a water lien and as such the ultimate public purpose will be for the benefit of the municipal water system. Please advise if there is anything else the City needs to do to have this property removed from the tax rolls. Very ruly yours arren W. Dill City Attorney WWDljlb Enclosures cc: Jason R. Nunemaker, City Manager(w/encl) Larry W. Napier, Director of Finance (wlencl) wacity of fellsmerelwater lien foreclosuresVewis,charles 13-2031conespondenceslcorresp noncy 12-30-14.doc i 22 South Orange Street Felisrnere, Florida 32948-6740 Phone: 772-571-1616 Fay: 772-571-8615 25 1 Parcel#31-37-00-00005-0090-00211.0 1048 Booker Street, Fellsmere, FL 32948 Lots 211 and 212, Block 9, Hall, Carter& James Subdivision acquired via foreclosure of a water lien (Charles L. Lewis) public purpose: for the benefit of the municipal water system RESOLUTION NO. 2015- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. 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 to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; 26 RESOLUTION NO. 2015- 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, which were acquired by the City of Fellsmere for use by the municipality for the benefit of the municipal water system, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Certificate of Title to City of Felismere, Florida describing lands, recorded in Book 2812 at Page 770, 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: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan 2 27 RESOLUTION NO. 2015- The Chairman thereupon declared the resolution duly passed and adopted this day of January, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Wesley S. Davis, Chairman ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller APPROVED As TO FORM By: x ND L53AL SUFFiC; J Clerk 13Y 'I lit- Deputy WILUAM -09" ()EpUTYCCUNTYATI(KNir' Tax Certificates Outstanding Yes No Current Prorated Tax Received and Deposited with Tax Collector 3 28 3120140075445 RECORDED IN THE RECORDS OF JEFFREY R.SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2812 PG: 770,12/24/2014 12:52 PM D DOCTAX PD 52.80 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY,FLORIDA CITY OF FELLSMERE,FLORIDA, ) a municipal corporation created pursuant ) to the laws of the State of Florida; ) Plaintiff, ) -vs- ) Case No.:312014CA000685 CHARLES L.LEWIS;ET AL. ) Judge:Cynthia L.Cox Defendants. ) CERTIFICATE OF TITLE The undersigned,JEFFREY R. SMITH,Clerk of the Court certifies that he executed and filed a Certificate of Sale in this action on December 11, 2014 for the property in Indian River County,Florida described herein: Lots 211 and 212, Block 9, HALL, CARTER & JAMES SUBDIVISION, a �- subdivision plat of Fellsmere Farms Company Lot 1353, in Township 31 South, 7 Range 37 East,according to the plat thereof as recorded in Plat Book 2,Page 98, r Public Records of Indian River County,Florida. J Together with a 2006 Horton Mobile Home Property Address: 1048 Booker Street,Fellsmere,Florida 32948 And that no objections to the sale having been filed within the time allowed for filing objections the property was sold to CITY OF FELLSMERE, FLORIDA, a municipal corporation created pursuant to the laws of the State of Florida, whose address is 22 S. Orange Street, Fellsmere, Florida 32948. WITNESS my hand and official seal of this Court on the day of201� JEFFREY R.SMITH,as Clerk of the Court By: Deputy Clerk 'o oz YC��I<fl U � rc v o Coo bP �/ X1.0 tYFlnaf%" NRIVER CUJa 1 29 BK: 2812 PG: 771 i CERTIFICATE OF SERVICE The undersigned certifies that a copy hereof has been furnished by mail on this_day of June 2013 to: Warren W. Dili, Esq., Dill & Evans, P.L., 1565 US Highway I, Sebastian, Florida 32958 [wwdserv@bellsouth.net and iodeedelaw@bellsouth.net]; CHARLES L. LEWIS, c/o Consulate Healthcare of Vero Beach, 1310 37'h Street, Vero Beach, Florida 32960; MARGARET LIBBEY, Guardian of the Property of Charles L. Lewis, c/o Lisa Thompson Barnes, Esq., Collins Brown Caldwell, et al.,756 Beachland Boulevard, Vero Beach, Florida 32963 [Ithompson@verolaw.com]; NICOLE BIBBS, Guardian of the Person of Charles L. Lewis, 1005 Booker Street, Fellsmere, Florida 32948; BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, c/o County Attomey's Office, 1801 27" Street, Vero Beach, Florida 32960 [dreingold@ircgov.com]; STATE OF FLORIDA, Office of General Counsel,Department of Highway Safety and Motor Vehicles,2900 Apalachee Parkway, Room A432, Tallahassee, Florida 32399 and OTHER UNKNOWN OCCUPANTS N/K/A Javonta Lewis, 1048 Booker Street,Fellsmere,Florida 32948. County Clerk 2 30 CONSENT AGENDA January 13, 2015 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: January 7, 2015 SUBJECT: Out of County Travel to attend the National Conference on Beach Preservation FROM: Dori Roy, Assistant to the County Administrator Out of county travel is requested for commissioners and staff to attend the 28th Annual National Conference on Beach Preservation Technology in Clearwater Beach, Florida on February 4th through 6th, 2015. Attachment 31 281"Annual National Conference on Beach Preservation Technology x• I � 'y Februa 4-6, 2015 { { _ � ry f Clearwater Beach Marriott on Sand Key Y "America's Largest Annual Conference on Beach Preservation Technology" ' Clearwater Beach Photo Courtesy of the City of Cleamater 32 �t CONFERENCE OBJECTIVES WHO SHOULD ATTEND? To present the latest in k zo preservation technoloc;, anti U.S. Army Corps of Engineers real-world practice. State and Federal Resource Protection Agencies Coastal Engineers and Project Contractors To provide technoi-o icai Ei f t i(h &"a`�rnis scie;ll fic and the coastal design communities to dens on makers at all levels of government City and County Elected and Administrative Officials who make the funding s(,,ell as rcg(Ilator decisi,Vs regarding specifu City and County Environmental Resource Managers beach projects and policies. City and County Beach Management Coordinators Inlet Districts and other Special Interest Districts CONFERENCE HIGHLIGHTS Academic Researchers Legislators and Legislative Staff The 2015 National Conference on Beach,Preservation Technology program Coastal Consultants, Businesses, and Services will provide timely and iml:ortant topics on beach nourishment and Tourist Development Councils inlet management projects monitoring and surveying coastal Convention and Visitors Bureaus structures sea level rise turbidity associated with dredging projects Hotel and Resort Interests nearshore hardbottoni and much more! Environmental Groups and Alliances Here are just a handful of some of the most anticipated presentations: General Government and Coastal/Ocean Associations Coastal Geologists and Biologists A panel of presentations,withtime allocated for audience discussion, Coastal Residents and other Interested Citizens on turbidity—sediment loss during the hydraulic dredging process,an update on FDEP's turbidity monitoring working group,and miring zone requirements An update on BOEM's Hurricane Sanoy response initiatives A panel of presentations on sea level rise shoreline change associated with sea level rise,sea leM iis:Ofocis ore t;eacri nou0shment,and guidance from the USACt_on sea level change and applicalion to storm damage reduction projects ti An update on the Florida Habitat Conservation Pl<<rl(FP) A panel of presentations,tti,itli tirrle allocated foi audience. discussion' "--.— lt, on hardbottom--the value of Nrdbottom and hardbottom monitoring,FDFP's proposed ha;-dbottom monitoring stars+.#anti ��' operating procedures,FDEP's IJMV.1,upriate,and a case study oil 1\'P environmental monitoiiria Enviroi:r�lental'rJlr`sd04"/S,Csr Ct,l!r cal s'StS,U C!Ct�VIS�ic Cti,b c "�Ciaia, and rnaily other topics 'lie Pott Fvergla dc's sand p;:ciecl,tl_e relcr% {;f coni a5G' G;'cath the Ick ,,,i hG'ril d cdok-' iriiet nLti.gcn t tt"ate c t wnv cti cr LfG(rin�rt l 4Jitt4 1 r�Er Cooi•ieeCl ca(S ilis` 1 C FrCl c]i 5t t l"i i r�i �A nil 1sliSYedr�re%viIif` k0frl4 .:{: itri4 i ri.: rI t lo,rda i,i,.,ckson v i ie f fc P'J t t i there is no shortage of elxccptio,ia!presentations to etier'.d acid ie-rri fom, Upham Beach Nourishment Project,August 2014 so join us in February for our 281h an=ival conference! Photos courtesy of Pinellas County 33 �,� � _: � �•' �z a.,=w ,:� ,�i. �,, .� ` a k I s R EkA, ISTRATION Early Registration Regular Registration Thlouglalatruaty 1i )011' lkftct lai►uaty 13,201 Member Registration $350 Member Registration $400 Non-Member Registration $400 Non-Member Registration $450 Full Time Students* $125 Full Time Students* $125 * must provide valid student ID with registration THREE WAYS TO REGISTER ONLINE: www.fsbpa.com/tech-conference.html FAX: 850-462-3575 MAIL: FSBPA, PO Box 13146,Tallahassee, FL 32317 To fax or mail,download the registration form from the link above. �Itt' �i'k1{E i�r��ltit� �£#}I{;} E�jE<E�i�f'ii tft£ l•t-�f�,1$� Florida Engineers who attend and sign In at the registration desk are eligible to Student Conference Scholarships Available! receive CEU's. FSBPNs exempt provider Faster Presentation number is EXP 0003914. Five students will receive complimentary registrations to the conference and an opportunity to present their posters For inure information on the conference and during the conference professional breaks. One of the five poster sponsorship/exhibit opportunities, please contact: presenters will be awarded a$500 stipend for travel and other Teri Besse,Conference Manager expenses. For complete details,visit www.f.5bl)a.com/tecii-conference/studentscholars[iip.htmi Florida Shore&Beach Preservation Association,Inc. I'd AI[ h`d l 10 h, i�d11! K OWNS JAI' t r h � 20 ill PO Box 13146, Tallahassee,FL 32317 Phone: (850)906-9227*Fax(850)462-3575 mail@fsbpa.cont I www.fsbpa.cotrt y OTE-11 s � Clearwater Beach Marriott on Sand Key [to ill k a t single/double plus taxes For reservations online,visit www.fsbpa.com/tech-conference/hotel.htmi For reservations by phone, a -} call (800)228-9290 or(727) 596-1100 = �•���--__� -', It� IEII I V L T k I- � Is0tll" 114"11 fA L IXTI P I S['1'1,P _ BREAK To ensure that a room is available, reservations should be made by g t#= r '1 I - _ 34 CONSENT AGENDA January 13, 2015 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: January 7, 2015 SUBJECT: Out of County Travel to attend the Florida's Research Coast Legislative Conference FROM: Dori Roy, Assistant to the County Administrator Out of county travel is requested for commissioners and staff to attend the Florida's Research Coast Legislative Conference in Tallahassee, Florida on March 11-13, 2015. Attachment: Conference Registration 35 RFlorida's Legislative Conference esearcCoastMarch 11-13, 2015 Aloft Hotel, Tallahassee, Florida Hosted by: Stuart/Martin County Chamber of Commerce St. Lucie County Chamber of Commerce Indian River County Chamber of Commerce Wednesday, March 11th 6:00 PM Cocktail Reception $ Ice Breaker at Andrew's Thursday, March 12th 7:30 AM Continental Breakfast at Aloft Hotel Thursday, March 12th 10:00-1:00 Group meetings with Legislators, also meetings on your own. Friday, March 13 8:00 AM Closing Breakfast at Aloft Hotel Conference Fee: $125 per participant, Spouse $100. Includes all conference materials, Wednesday Reception, Thursday and Friday breakfast, Accommodations: Aloft Hotel, 200 N. Monroe St. within walking distance to the Capitol. Make your own reservations by calling 1-877-GO-ALOFT (462-5638) or accessing https://www.starwoodmeeting com/StarGroupsWeb/res?id+1412035822&key=153A3E89. Rates: Double/Single $159 + taxes. Group Code "Research Coast Chamber of Commerce" Reservations need to be made prior to the cutoff date of February 13, 2015. Lodging and Travel is on your own. You must have conference reservations in order to maintain any hotel reservations in the TCL Room Block. REGISTRATION INFORMATION Yes, we'll be there. Please make reservation (s)for: Name(s): Company: Phone: Fax: Email: Mailing Address: Name(s)as it should appear on Name Tag and Conference Materials: Payment Information Check Enclosed ❑ Please Invoice ❑ Total Amount to Charge Card No. Expiration Date: II V-Code: Please return this registration form with payment to: Stuart/Martin County Chamber of Commerce, 1650 S. Kanner Hwy., Stuart, Florida 34994 772-287-1088 ext. 108,jcat@stuartmartinchamber.org FAX registration to 772-220-3437 and pay online at www.stuartmartinchamber.orq 36 • INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Christopher J. Kafer, Jr., P.E., County Engineer SUBJECT: Change Order No. 1 and Release of Retainage Oslo Road Phase III (58th Avenue to 43rd Avenue) IRC Project No. 0517 Bid No. 2012036 DATE: December 5, 2014 DESCRIPTION AND CONDITIONS On May 22,2012,the Indian River County Board of Commissioners awarded Bid No.2012036 in the amount of$3,812,202.37 to Timothy Rose Contracting,Inc.for the widening of Oslo Road to a 4-lane divided highway configuration from 58th Avenue to 43rd Avenue. The widening includes medians, left turn and u-turn lanes, an 8' wide sidewalk on the north side of the roadway, extensive drainage modifications, landscaping, pavement markings and new traffic signals at 43rd Avenue and 58th Avenue. The project also includes the widening of the bridge over the Indian River Farms Water Control District Lateral "B" Canal (581h Avenue). The project has been completed and Change Order No. 1 is to make final adjustments to bid line items to decrease the total contract price by $81,002.18 for a final contract price of $3,731,200.19 and to add time to contract for delays caused by utility conflicts, weather, and design modifications. Timothy Rose Contracting, Inc. has been paid $3,544,640.18 to date,with $186,560.01 held in retainage. Timothy Rose Contracting, Inc. has submitted Pay Application No. 18 in the amount of$186,560.01 for release of retainage. FUNDING Payment for Timothy Rose Contracting, Inc. Pay Application No. 18 is budgeted and available from the following: Traffic Impact Fees/District 3 Account No. 102-206002-05004 Oslo Road (58th Ave-43rd Ave) Retainage ($127,326.31) Secondary Roads Gas Tax Account No. 109-206000-05004 Oslo Road (58th Ave—43rd Ave) Retainage ($56,677.20) Utilities Relocations Account No.471-206000-14502 Oslo Road Retainage ($2,556.50) P:`,Public Works1LNGINLLRING DIVISION PROJLCTS,0517-OSLO ROAD-43rd Ave to 58th Ave-Phase III\Adrnini'agenda itemslBCC Agenda Change Order 37 No.1 Release Retainagedoe Page 2 Change Order No. 1 and Release of Retainage Oslo Road (581h Avenue to 43rd Avenue) Christopher J. Kafer Jr., P.E., County Engineer For January 13, 2015 BCC Meeting RECOMMENDATION Staff recommends approval of Change Order No. 1 to Timothy Rose Contracting, Inc., decreasing the contract total to $3,731,200.19 and of Timothy Rose Contracting, Inc. Pay Application No. 18 in the amount of$186,560.01 for release of retainage. ATTACHMENTS 1. Change Order No. 1 2. Description of Itemized Changes 3. Timothy Rose Contracting, Inc. Application for Payment No. 18 DISTRIBUTION 1. Terry Cook, Road & Bridge Superintendent 2. Timothy Rose Contracting, Inc. Indian River County Approved Date APPROVED AGENDA ITEM Administration AB. 1131)Z5, Budget 16 J FOR January 13, 2015 Legal n IZ it 1 B 42 Utilities r . I/ Public Works /'Z/2 �y i" Engineering C 4Z Z (:`•Public Works\GNGINGLRING DIVISION PROJLCTS`,0517-OSLO ROAD-43rd Ave to 58th Ave-Phase Ill Admimlagenda items\BCC Agenda Change Order 38 No.I Release Retainage.doc SECTION 00942 - Change Order Form No. 1 DATE OF ISSUANCE: 1-6-15 EFFECTIVE DATE: 1-06-15 OWNER: Indian River County CONTRACTOR Timothy Rose Contracting, Inc. Bid No. 2012036 Project: Oslo Road Phase III Roadway Improvements (58th Avenue to 43rd Avenue) OWNER's Project No. 0517 ENGINEER Indian River County You are directed to make the following changes in the Contract Documents: Reason for Change Order: To make final adjustments to bid line items for final payment. Attachments: Letter from Timothy Rose Contracting, Inc. dated 11-24-14 explaining additional days to contract. Description of itemized bid schedule changes. CHANGE IN CONTRACT CHANGE IN CONTRACT TIMES PRICE: Description Amount Description Time Original Contract Price 3_,812,202.37 Original Contract Time: (days or dates) Substantial Completion: 330 6-26-13 Final Completion: 360 7-27-13 Net decrease of this Change $81,002.18 Net increase this Change Order: Order: Substantial Completion: (days) Final Completion: 439 439 Contract Price with all approved $3,723,146.44 Contract Time with all approved Change Orders: Change Orders: (days or dates) Substantial Completion: 769 9-24-14 Final Completion: 799 10-24-14 ACCEPTED: RECOMMENDED: APPROVED: By: By: By: CONTRACTOR (Signature) ENGINEER (Signature) OWNER (Signature) Date: Date: Date: 00942-Change Order Form REV 04-07(2) 00942-1 39 F:\Public Works\ENGINEERING DIVISION PROJECTS\0517-OSLO ROAD-43rd Ave to 58th Ave-Phase lll\Admim\agenda items\00942-Change Order Form REV 04-07 (2).doc Rev.05/01 U N FETCH 'DD DEC 12 2014 Timothy Rose Contracting, Inc. 1360 Old Dixie Highway SW, Suite 106 FNN 1 N RIVER COUNTY GiNEERING DIVISION .,, Vero Beach FL 32962 OO (772) 564 7800 Phone (772) 564 7888 Fax Q Timrose7(&comcast.net November 24, 2014 To: Chris Kafer& Staff Re: Explanation of Delay of Oslo Roadway Improvements The issue at hand is the delay of the completion of Oslo Roadway Improvements due to rain. We had nowhere to store the rain run off except in the proposed west bound lanes. For every one day of rain, it would take two days to recover because we only had one discharge pipe crossing Oslo Road to the south and that pipe had a large check dam in front of it. The check dam was wrapped in filter fabric to stop turbid water from entering into Indian River Farms canal. Please see attached documented rain and recovery days of which total 213. We were also delayed by utilities relocation under existing Oslo Road which could not be relocated until traffic could be diverted to newly constructed north lanes because the water main had no working valves from 43`d Ave to Oslo Road. Therefore to deflect water main, we had to install line stops for multiple days (UT-0762) then install new valves. This work for water main valves started 12/04/13 and completed on 02/26/14 (also included UT-762 & UT- Final Meeting) for a total of 85 days. As I aforementioned utilities (FP&L) delays due to conduits not installed per there utility permit issued by IRC, FP&L had to relocate two main services via directional bore. Comcast also had conduit that were not installed with enough cover to construct road, we had 2 days of delays for this. We also had delays due to reconfiguring irrigation and landscape which was 15 days lost. We had to do a directional bore for electrical service to pump address, 4510 9th Ave SW. There were also work change directives #2 dated April 15th, 2013 which was to realign Oslo from 43`d Ave to Legend Lakes entrance, which added 60 days to the contract. Work Change Directive #3 was to add 20OLF of underdrain to allow for more damage, which added 30 more days. Work change directive #4 was to add overbuild existing Oslo Road from Station 97-15 to 99-00, which caused the road to be reconstructed in this area which added 12 days. Work change directive #5 was added to accommodate Indian River Farms change in design, caused 30 days to be added. Work Change directive #6 was also added to accommodate Indian River Farms change in requirements to add ped pipe to the back of the guard rail, which added 8 days to achieve this. Work Change directives # 8 & 9 did not add or decrease any days. Work Change directives #11 & 12 were added for wood blocks and special posts to guard rail system which added 6 days to contract. Work Change directive #13 added joint sealant to bridge joints, this procedure took 21 days due to waiting on special materials. To recap: 200 days rain & recovery 239 days work change directives and added work Total: 439 days Sinc ely % Tim Rose President Timothy Rose Contracting 40 Oslo Road Phase III Roadway Improvements (58th Avenue-43rd Avenue) Change Order No. 1 DESCRIPTION OF CHANGES Item No. Description of Chane I Unit IQuantftyl Unit Price Price Increase Price Decrease 160-4-1 Type B Stabilization- 12"Sub rade LBR 40 SY 1,373 1.75 2,403.38 285-706 8"Optional Base Group 6 Two Lifts SY 1,295 8.85 11 463.41 334-1-13A Su er ave Asphaltic Concrete Traffic C SP-12.5 1.5" SY 1,373 7.80 10 711.74 520-1-10 lConcrete Curb&Gutter(Type F LF 195 1 9.45 1.842.75 570-1-2 Performance Turf Sod Bahia SY 443 1.48 655.64 570-1-2A Performance Turf Sod Common Bermuda SY 4,009 1.74 6,975.66 653-191 Countdown Ped Signal 1-Way LED 43rd Ave. EA 2 1.040.00 2.080.00 653-192 Countdown Ped Signal 2-Way LED 58th Ave. EA 1 1,040.00 1,040.00 700-20-11 C Sin Sin le Post Less Than 12 SF R4-7 With Case 1 EA 7 255.00 1,785.00 711-11-121 Thermoplastic Solid Traffic Stripe 6"White LF 1,516 0.75 1,137.00 711-11-124 Thermoplastic Solid Traffic Stripe 18"White LF 301 2.50 752.50 711-11-125 Thermoplastic Solid Traffic Stripe 24"While LF 39 3.10 120.90 783-1-121 1 F&I 12FSM Fiber Cable LF 100 1 1.20 120.00 783-2-31 Fiber Optic Splice EA 30 28.00 840.00 783-2-32 Fiber Termination EA 12 28.00 336.00 783-3-41 Fiber Splice Enclosure Relocate EA 1 190.00 190.00 455-34-3A 18"sq x 50'-0"Minimum Abutment 5 Ea LF 10 69.50 695.00 455-34-2 14"sq x 50'-0"MinimumWin Bent LF 30 64.20 1,926M 455-34-38 18"sq x 55'-0"Minimum Intermediate Bent 3 Ea LF 30 82.40 2.472.00 430-174-101 Aluminized Corrugated Metal Pie 12" LF 30 30.00 900.00 120-1 Excavation Regular CY 1,145 2.00 2,290.00 120-4 Excavation Subsoil CY 885 2.00 1,770.00 120-6-1 Embankment CY 1.526 5.17 7,889.42 327-70-1 Milling Existing Asphalt Pavement 1" SY 1,571 1.10 1,728.10 334-1-138 Su er ave Asphaltic Concrete Traffic C SP-9.5 1" SY 1.571 5.25 8.247.75 425-1-521 Inlet Ditch Bottom(Type C EA 2 1 1.207.00 2,414.00 430-175-1018 Aluminized Corrugated Metal Pie 18" LF 20 42.56 851.20 430-175-101 Concrete Pipe Culvert Class III 18" LF 128 25.00 1 3,200.00 440-1-20 Underdrain 6"PVC Type-2) LF 15 13.30 199.50 515-1-1 Handrail-Guiderail Steel LF 36 220.00 7,920.00 520-70 Patterned/Textured Pavement-Colored Concrete)(6"Thick) SY 28 59.40 1,663.20 522-1 Concrete Sidewalk 6"Thick 8'Wide SY 107 26.92 2,880.44 536-1 Guardrail LF 427 1 17.07 7,288.89 536-85-26A Guardrail End Anchorage Assembly ET-2000 EA 3 1 1 365.00 4 095.00 41 FAPublic Works\ENGINEERING DIVISION PROJECTSW517-OSLO ROAD-43rd Ave to 58th Ave-Phase IIIWdmimlagenda itemstChange Order Form No 1 Oslo Road ph 111 9-25-14(2) Page 1 Oslo Road Phase III Roadway Improvements (58th Avenue-43rd Avenue) Change Order No. 1 DESCRIPTION OF CHANGES Item No. Description of Chane I Unit Quan. Unit Price Price Increase Price Decrease 646-1-11 1 Pedestrain Pedestal 43rd Ave. Ea 1 660.00 660.00 653-192 Countdown Ped Signal 2-Way LED 43rd Ave. EA 3 1,040.00 3,120.00 706-3 R.P.M.Bi-directional Amber/Amber EA 75 4.00 300.00 706-3-2 R.P.M.Bi-directional While/Red EA 89 1 4.00 356.00 711-11-122 Thermo lastic Solid Traffic Stripe 8" LF 131 1.00 131.00 711-11-123 Thermoplastic Solid Traffic Stripe 12" LF 68 1.50 102.00 711-11-141 Thermoplastic Skip Stripe 6"White 6'-10' LF 564 0.61 344.04 711-11-141A Thermoplastic Skip Stripe 6"White 10'-30' LF 275 0.30 82.50 711-11-170 Thermoplastic While Standard Turn Arrows EA 4 70.00 280.00 711-11-221 Thermoplastic Solid Traffic Stripe 6"Yellow LF 1.072 0.75 804.00 711-11-221A IThermoplastic Solid Traffic Stripe Double 6"Yellow LF 309 1 1.50 463.50 711-11-224 Thermoplastic Solid Traffic Stripe 18"Yellow LF 112 2.50 280.00 711-11-241 Thermoplastic Solid Traffic Stripe 6"Yellow 6'-10' LF 55 0.61 33.55 630-1-14 Conduit Underground 2"PVC LF 94.55 7.70 728.04 639-2-1 IService Wire LF 1 25 1.20 30.00 530-3-3 Rock Rubble Canal Excavation&Filter Fabric As Required) TN 107.10 371.00 39 734.10 FORCEACCOUNT WCD#2 Remove Existing Curb&Gutter ft Legend Lakes LS 1 8,550.00 8,550.00 WCD#2 Su er ave Asphaltic Concrete SP-12.5 1.5" SY 75 7.80 585.00 WCD#2 Su er ave Asphaltic Concrete(SP-12.5)0 5"In Lieu Of Base Group 6 SY 75 25.74 1 1,930.50 WCD#2 Su er ave Asphaltic Concrete SP-9.5 1" SY 75 5.25 393.75 WCD#2 Convert Existing Inlet To Manhole LS 1 1,430.00 1,430.00 WCD#2 Ad'ust Existing Inlet At Sta.99+50 LS 1 600.00 600.00 WCD#2 Concrete Curb&Gutter(Type F LF 435 9.45 4,110.75 WCD#2 Concrete Curb (Type D LF 98 9.45 926.10 WCD#2 Remove&Replace Concrete Driveway At Legend Lakes SY 63 26.92 1,695.96 WCD#2 Relocate Existing Irrigation LS 1 1,437.50 1,437.50 WCD#3 Underdrain(6"PVC,Type-2) LF 200 41.50 8.300.00 WCD#3 Underdrain Inspection Box EA 1 1 257.00 257.00 WCD#4 Overbuild Oslo Road Area That Could Not Be Reconstructed TN 181.75 100.00 18 175.00 WCD#4 TemDorary Striping LS 1 1,140.00 1,140.00 WCD#4 Maintenance Of Traffic LS 1 1 2,236.00 1 2.236.00 WCD#5 Strain Poles For Canal Bank Stabilization LS 1 1 19 044.00 19 044.00 WCD#6 Pedestrain Pipe To Back Of Guardrail LF 1.438 9.77 14 049.26 WCD#7 Truncated Domes At 43rd Ave. LS 1 1680.00 1,680.00 42 FAPublic Works\ENGINEERING DIVISION PROJECTS\0517-OSLO ROAD-43rd Ave to 58th Ave-Phase IINAdmim\agenda items\Change Order Form No 1 Oslo Road ph 1119-25-14(2) Page 2 Oslo Road Phase III Roadway Improvements (58th Avenue-43rd Avenue) Change Order No. 1 DESCRIPTION OF CHANGES Item No. Description of Chane Unit 1Q..notyl Unit Price Price Increase Price Decrease WCD#8 Replace Fiber Optic Cable 96F LS 1 4,883.85 4,883.85 WCD#9 Relocate Span Wire Pole LS 1 926.42 926.42 WCD#11 Remove Relocate Pedestrain Si nals LS 1 2,859.48 2,859.48 WCD#12 Install Special Post In Concrete&Add Wood Blocks LS 1 3.013.00 3.013.00 WCD#13 Joint Sealing&Backer Rod On BrideWith MOT LS 1 8.271.00 8,271.00 WCD#14 lAsphaft Overbuild TN 99.34 100.00 9,934.00 UT-Q758 16"Line Stop LS 1 9,520.00 9,520.00 UT-Q758 Restrainers EA 1 20 175.00 3.500.00 UT-0758 16"Gate Valves EA 1 2 850.00 1 700.00 UT-Q758 16"45 Degree Bends EA 12 700.00 8,400.00 UT-Q758 16"Sleeves EA 5 700.00 3.500.00 UT-0762 Additional Line Stop Due To Valves Not Shuttin LS 1 1 9.520.00 9.520.00 UT-Q762 Re-Stop Line Stop LS 1 12 280.00 12 280.00 UT-1000 Added Conflict Manhole LS 1 2,710.00 2,710.00 FORCE ACCOUNT 300 000.00 Subtotals 267,444.80 348,446.98 TOTAL CHANGE ORDER#1 $81,002.18 43 F:tPublic WorkstENGINEERING DIVISION PROJECTSt0517-OSLO ROAD 43rd Ave to 58th Ave-Phase IIIWdmim\agenda demsChange Order Form No 1 Oslo Road ph 111 9-25-14(2) Page 3 SECTION 00622 - Contractor's Application for Partial Payment REVISION # 3 Application for Payment No. 18 For Work Accomplished through the period of 09/01/14 through 10/06/14 To: Indian River County (OWNER) From: Timothy Rose Contracting, Incorporated Contract: 0517 Project: Oso Road Phase III Roadway Improvements (Between 58th Ave & 43`d Ave) OWNER's Bid No. 2012036 ENGINEER I.R.C. Public Works. (1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $3,812,202.37 2. Net change by Change Orders and Written Amendments (+ or $0.00 3. Current Contract Price (1 plus 2): $3,812,202.37 4. Total completed and stored to date: $3,731,200.19 5. Retainage (per Agreement): 5 % of completed Work/Materials: $00 % of retainage: $ Total Retainage: $00 6. Total completed and stored to date less retainage (4 minus 5): $3,731,200.19 7. Less previous Application for Payments: $3,544,640.18 8. DUE THIS APPLICATION (6 MINUS 7): $186,560.01 CONTRACTOR'S CERTIFICATION: I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this work and payment received from the last request for payment has been used to make payments to all subcontractors, laborers, material men and suppliers, except as noted below. Dated October 16, 2014 Timothy Rose Contracting, Incorporated (CONTRAC R) By: State of Florida County of Indian River Subscribed and sworn to before me this 16''day of October 2014 Notary Public: E EI30S�jM Commission res: 10/03/15 N:w" ' xo:wYAx4w Page 1 of 2 44 00622-1 C:\Users\Owner\Documents\Oslo Roadway Improvements\Cover PA#18.doc REM-N.3 SCHEDULED VALUE 11111.OBAPPLILATKIN THIS PERIOD TOTAL COMPLETED % MATERIA- BALANCE TO FIM6H u.. uM Prb auANmv ROADWAY IMPROVEMENTS ROADWAY MATERIALS 101-1 MOBILIZATION 1 LS 1%0 ODD n0 170,000 DD 1.00 170,000.00 1900 170,000.00 100.00% 0.00 0900 0.00 102-1 MAINTENANCE OF TRAFFIC 1 LS 36 15n 00 3`"'0 1.00 38,650.00 100 36,650.00 100.00% 0.00 0.00 0.00 TEMPORARY PAVEMENT FOR MOT(ESTIMATED 49 31 00 1.00 49,315.00 1.00 49,315.DO 100.00% 0.00 0.00 0.DO 102-1A 3371$ 1 LS 193 1500 104-1 EROSION 6 WATER POLLUTION CONTROL 1 LS 21 00,1 00 1 000 On 1.00 26,000.00 1.00 26,000.00 100.00% 0.00 O.DO 0.00 108-1 AS-BUILT DRAWING BY REGISTERED SURVEYOR 1 LS 12 OO)(In 3?non on 100 32,000.00 1.00 32,000.00 100.00% 0.00 0.00 0 W 108.2 SURVEY CONTROL INSTALL/RE-ESTABLISH 1 LS 5"D oo 2 501 OO 1.00 2'500'00 1.00 2.500.00 100.00% ODO 0.00 0.00 AERIAL PHOTOGRAPHY(4 PANELSIFLIGHT EVERY 30 31JDAYS DURING PROJECT) 1 LS ,,n,,, 1.500 On 1.00 1,500.00 1.00 1,500.00 100.00% 000 0.00 OOD 1108-0 N.P.D.E.S.PERMITTING 1 LS 1 Dan O0 Loon 00 1.00 1,000.00 1.00 1,000.00 100.00% 0.DO 0.00 0.00 1D9-71 FIELD OFFICE 1 LS 14?In 00 14 9`000 1.00 14,950.00 1.00 14,950.00 100.00% 0.00 0.D0 0.00 110-1-1 CLEARING b GRUBBING 1 LS 10,7rn On 10 21,o OO 1.00 10,260.00 1.00 10,260.00 100.00% 0.00 0.00 0.00 120-1 EXCAVATION REGULAR 13.596 CY "on 192 on 14,741.00 29,482.00 14,741.00 29,482.00 108.42% 0900 .1,14500 -2.290.00 1204 EXCAVATION SUBSOIL 2,225 CY 00 4»1D 1(1 3.110.00 6,220.00 3,110.00 6,220.00 139.78% 0.00 -885.00 -1,770.00 1208-7 EMBANKMENT 43,638 CY - 27'•r'nq eq 45.164.00 233,497.88 45,164.00 233,497.88 103.50% 0900 -1.526 DO -7,889.42 SPECIAL FILL MIX TO ACHIEVE PERMEABILITY RATE 17 C,11 07 7,596.00 47,626.92 7,596.00 47,626.92 100.00% 0900 0.00 0.00 1208-2 OF tO/DA 7.596 CV 760-4-1 TYPE a STABILIZATION-12'SUBGRADE LBR 40 57,774 SV 1 104 5n 52,400.64 91,701.12 52,400.64 91.701.12 97,45% 0.00 1,373.36 2,403.30 1285-706 8.OPTIONALBASE GROUPS TWO LIFTS 46,701 SY Pa= 41330395 45,405.70 401840.45 45,405.70 401,64045 97.23% 0900 1,295.30 11.46341 327-70-1 MILLING EXISTING ASPHALT PAVEMENT 1" 5.074 SY 110 `r•P14O� 6,645.00 7,309.50 6,645.00 7,309.50 130.96% 0.00 -1,571.00 -1,728.10 SUPERPAVE ASPHALTIC CONCRETE(TRAFFIC C)(SP- 3•.e I'D Oji 45.378.70 353,938.26 45,376.70 353,938.26 97 D8% 0 D 1,37330 10,711.74 334-1-13A 125)(1.5') 46,750 SY 7qn SUPERPAVE ASPHALTIC CONCRETE(TRAFFIC C)(SP- �91 334-1-130 9.51" 54,283 SY 525 55,054.00 293,233.50 55,854.00 293,237.50 102.89% 0.00 -1,57100 -6,247.75 339-1 MISCELLANEOUS ASPHALT UNDER GUARDRAIL 45 TN 1q,, 8100 45.00 81.00 45.00 81.00 100.00% 0.00 0.00 0.00 400.1-11 CLASS 1 CONCRETE FOR GRAVITY WALL 7 CY 110 j 4-n0 7.00 4,550.00 7.00 4,550.00 100.00% 0.00 0.00 0.00 4251-351 CURB INLETSTRUCTURE(TYPE T-5-1 6 EA 2"q nn Ir IPA On 8.00 16,18600 6.00 16,188.00 100.00% 0.00 0.00 0.00 4251-361 CURB INLET STRUCTURE TYPE"P8" 10 EA 2 q10 00 10.00 20,900.00 10.00 20,900.00 100.00% 0.00 0.00 0.00 P 900 00 425.1-521 INLET DITCH BOTTOM PE"C" 15 EA 1?07 DO 19 1 n 5 n0 17'00 20,519.00 17.00 20,519.00 413.33% 0.00 -2.00 -2,41400 4251-501 INLET STRUCTURE TYPE"H" 5 EA 2.315 nn 11 5%5 00 5.00 11,575.00 5.00 11,575.00 100.00% 0.00 0.00 0.00 4258 VALVE BOX ADJUSTMENT 14 EA ?JDIO n,200 On 14.00 4,200.00 14.00 4,200.00 100.00% 0.00 0.00 0900 430.174.101 ALUMINIZED CORRUGATED METAL PIPE 12" 30 LF 3000 10000 0900 0.00 0.00 0.00 0.00% 0.00 30.00 900.00 430-174-1018 ALUMINIZED CORRUGATED METAL PIPE 18" 80 LF 4-" 3 404 qO 100.00 4,256.DO 100.00 4,256.00 125.00% 0.00 -20.00 -851.20 430.174-101C ALUMINIZED CORRUGATED METAL PPE 24' 74 LF 51 On 3.7%4 C2 74'00 3,774.00 74.00 3,774.00 100.00% 0.00 0.00 0.00 430-175-101 CONCRETE PIPE CULVERT CLASS III 18' 2,705 LF 25 r0 q;5,.�i.�n 2,833.00 70,025.00 2,83300 70,825.00 104.73% 0.DO -128.00 -3,200.00 430-175-1018 CONCRETE PIPE CULVERT CLASS 111 24' 314 LF 4n nn 12 113x.0i1 314'00 12'550'00 31400 12.560.00 100.00% 0.00 0.00 0.00 433-175-101C CONCRETE PIPE CULVERT CLASS III 14"43" 100 LF 15 D, 100'00 3.795.00 100.00 3,795.00 100.00% 0.00 000 0.00 440-1-20 UNDERDRAIN 6-PVC TYPE-2 1,862 LF 1 2.1+"1 IU 1.87700 24,964.10 1,677.00 249964.10 100.61% 0.00 -15.00 -199.50 c...n..o...o......oe�..v�..n.r.ae.o+a 1.w.,1a. s3o 9 8 8 8 8 8 8 8 8 8 8 8 8 8 a` ae ye a= 8 88 8 8 � ens $ 8 8 s s o� s a m a s a R a 4 8 8 8 8 g g 8 $ 8 g g $ 8 8 8 8 $ 8 $ g 8 S 3 W WJ y h N F W W N N W W W W W W W W J W W 6rcw m m 36, z " uw � w W _o❑N ry h i � _¢ w ❑ y �y w uri � 3 � ❑� h h i x 5�Ow LL LL LL u v m m a u w u T a Q 0❑❑F- � N ~ Q Q Q QZ Q Q z0 F o aaz 0 ¢Nz.0.y y a ¢¢ a ¢ N y¢a C ¢ H aw x g i •� w ww H n N o gg ❑ g y Fowo ❑ a a tl rc u a f ziS a a �_`. 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V;§: ci 9 §| § ! !§! ! k §| |,l2r x!61 :!!6! §§ ! § J § Mom (o , §®[) § 2 = § '00 { � .Il )/�§ }(��) (\ k k ;;:;; _ S! Consent Item Agenda INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: December 29, 2014 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Aw Terry Southard, Utility Operations Manager Subject: First Amendment to Agreement for Annual Operations of the Biosolids Dewatering Facility, Sludge Dewatering, and Hauling With Synagro South, LLC. DESCRIPTIONS AND CONDITIONS: On February 16th, 2010, the Indian River County Board of County Commissioners (BCC) approved entering into an agreement with Synagro South, LLC., (Synagro) as the lowest, responsive, responsible bidder to operate the County Biosolids Dewatering Facility located at the County Landfill at 1350 74th Ave. SW, Vero Beach. This facility currently receives domestic residuals, septage and grease from Indian River County wastewater treatment facilities, local septic tank haulers, and recreational vehicles from residents. Synagro will operate the Biosolids Dewatering Facility and haul sludge from the three (3) County owned wastewater treatment facilities to the Biosolids Dewatering Facility. Synagro will also be responsible for dewatering the sludge and disposing of it in the County Landfill. The estimated annual quantity of sludge and septage is 30.0 million gallons. ANALYSIS: The original agreement entered into with Synagro stipulated for an initial term of twelve months, with the County retaining the option to extend the Agreement for up to four additional twelve month terms. Due to Synagro's competitive pricing the County opted to exercise all four (4) twelve month extensions. Now that all extensions have been exhausted and in order to provide the County with sufficient time to evaluate the existing operations and potential future operations in Advanced Sludge Treatment (AST) and procurement options for these services and the facility, it is necessary for the County to extend the Agreement for an additional twelve months. The additional time is required for the County to evaluate AST processes in order to improve sludge dewatering and to facilitate handling and ultimate disposal. Currently, the dewatered bio-solids are sent to the landfill for disposal. As part of Indian River County's effort to achieve the State regulated goal of 75% for re-cycling by year 2020, other mixed waste processing technologies are to be evaluated. Depending on the evaluation, which the County will be doing in conjunction with Kessler Consulting, Inc. (Work authorized in Work Order No.2 for Kessler Consulting, Inc. by the board at its regular meeting January 6, 2015) there may be an opportunity to use the bio-solids for composting or other aerobic digestion processes rather than landfilling the bio-solids. The twelve (12) month 52 extension allows the County to continue its current operation while researching on available technologies or options that will assist the County in reaching the 75% goal by 2020. FUNDING: Funds for this project are derived from the other professional services and sludge removal accounts in the operating fund. Operating funds are generated from water and sewer sales. Last year, $349,287.00 was expended for other professional services and $296,227.00 for sludge removal. Expenditures are expected to remain flat for the next year. DESCRIPTION ACCOUNT NUMBER AMOUNT Sludge -Other Professional 47125736-033190 $349,287.00 Services Sewage Sludge-Removal 47121836-044730 $296,227.00 RECOMMENDATION: The staff of the Utilities Department recommends that the Board of County Commissioners approve the attached amended agreement and authorize the Chairman to execute said agreement. ATTACHMENT(s): 1. First Amendment to Agreement for Annual Operations of the Biosolids Dewatering Facility, Sludge Dewatering, and Hauling With Synagro South, LLC. APPROVED FOR AGENDA: By; . � / (� Indian River Co. Approved Date Jose Baird, County Administrator Administration j y Legal 7 For: , Budget 7 ! to Utilities Utilities-Finance (.V.'L Purchasing S F:\Utilities\UTILITY-Engineering\Sludge Treatment\Synagro Contrcat Renewal\Agenda Contract Renewal-Synagro cmc.doc 53 FIRST AMENDMENT TO AGREEMENT FOR ANNUAL OPERATIONS OF THE BIOSOLIDS DEWATERING FACILITY, SLUDGE DEWATERING, AND HAULING WITH SYNAGRO SOUTH, LLC THIS AMENDMENT ("Amendment") to Agreement for Annual Operations of the Biosolids Dewatering Facility, Sludge Dewatering, and Hauling (the "Agreement"), is made and entered into as of this___day of January, 2015, by and between Indian River County, Florida, a political subdivision of the State of Florida (hereinafter the"County"), and Synagro South, LLC, a Delaware limited liability company (hereinafter"Synagro"). WHEREAS,the County and Synagro entered into the Agreement in February,2010; and WHEREAS, under the Agreement, Synagro was to operate the County's biosolids dewatering facility and perfonn the necessary sludge dewatering and hauling of such materials; and WHEREAS, the Agreement was for an initial tern of twelve months, with the County retaining the option to extend the Agreement for up to four additional twelve month terms;and WHEREAS, in order to provide the County with sufficient time to evaluate the existing operations and potential future operations and procurement options for these services and the facility, it is necessary for the County to extend the Agreement for an additional twelve months; and WHEREAS, Synagro is willing to continue to operate the County's biosolids dewatering facility and perform the necessary sludge dewatering and hauling of such materials over the next twelve months under the terms and conditions set forth in the Agreement; NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the parties agree as follows: Funn.,SAD,+onu..nam.nosyroP„s,we c��«.a�: coDNG Underlining denotes oddition to existing text. Page I of 2 54 Section I. Article 8 of the Agreement is hereby amended as follows: Article 8, CONTRACT PERIOD 'Phis Contract shall be binding on the parties for a period of twelve (12) consecutive months from the date of this Contract by both parties unless terminated earlier in accordance with its terms. 'Che contract start date is subject to construction completion of the new Indian River County Biosolids Dewatering Facility, Indian River County may extend the teem of this Contract :for up to four (4) additional terms of twelve (12) months each, and one final term o:f on the same terms and conditions. Section 22. All other provisions of the Agreement shall remain in mull farce and effect. INDIAN RIVER COUNTY,rI,�RIDA ATTEST- Jeffrey R. Smith, Clerk of Court and Comptroller By: Wesley S. Davis, Chairman By, - Deputy Clerk BCC approved: SYNAGRO SOUTH, LLCM,a Delawaro limited liability company Witnesses; Siglj, _._._. - Print name•— - = M- atthew deWitt,Assistant Secretary and Director of Contracts Management Sign name. Print name: -- �_ -_ p,::tamytbrJaMµsxdw•n;ai�"»Y$L'�u Lbt�.+ir.ek_-. .,�,�, L7rrierlh;rtg s(etrc3l�!'artdittrrrnr t�exirin};text Page 2 0f 2 55 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Joseph A. Baird, County\ Administrator THROUGH: John King, Director '► if Department of Emer*,-n y S rvices FROM: Rachel Ivey, Staff Asst. IV Department of Emergency Services DATE: January 5, 2015 SUBJECT: Acceptance of the State Homeland Security Grant Program - Emergency Management Sub-grant Agreement 15-DS-P4-10-40-01-XXX 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: The 2015 State Homeland Security Grant Program (SHSGP) provides funding for adequate assessment,planning and exercise for state/local security threats and natural or manmade disasters, and is pursuant to State Rule Chap-ter 9G-6 Florida Administrative Code and Chapter 252 Florida Statutes. The Department of Homeland Security, through the State of Florida, Division of Emergency Management allocates funding to Indian River County Emergency Management. The total funding allocated with this agreement is $17,777.00. The funding associated with this agreement(15-DS-P4-10-40-01-XXX)has been approved by the state and designated for training, planning and exercise purposes and includes validation of multiple existing capabilities within the Indian River County Comprehensive Emergency Management Plan. FUNDING: This is a 100% cost reimbursement agreement and no match is required by Indian River County. The County will be reimbursed up to $17,777.00 for qualified expenditures such as consultant fees associated with emergency planning, training or exercise activities outlined in Attachment "C". The term of the agreement is from execution of this agreement through December 31, 2015. 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. 56 Total SHSGP funds 1 $17,777.00 00120825-033490-15803 —Other Contractual Services $17,777.00 RECOMMENDATION: Staff recommends approval of the grant and the expenditures as directed in the Federally Funded Subgrant Agreement (15-DS-P4-10-40-01-XXX) and to authorize the Chairman to execute this agreement between Indian River County Emergency Management and the State of Florida, Division of Emergency Management. ATTACHMENTS: 1. Four(4) Original Copies of Agreement #15-DS-P4-10-40-OI-XXX 2. Indian River County Office of Budget and Management Grant Form APPROVED FOR AGENDA Indian River Co. Approved Date s �s FOR: January 13, 2015 Legal Budget `7p Dept. i BY: Risk Mgr. Joseph A.Baird County Administrator General Svcs. 57 GRANT NAME: Homeland Security GRANT# 15-DS-P4-10-40-01-XXX AMOUNT OF GRANT:$ 17.777.00 DEPARTMENT RECEIVING GRANT: Emergency Services CONTACT PERSON: John King PHONE NUMBER: 226-3859 1. How long is the grant for? 12 months Starting Date:(Upon Execution) January 13 2015 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes,does the grant allow the match to be In Kind Services? Yes No 4. Percentage of match 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)?_ 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 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 CoveredMatch Total First Year $ 17,777.00 $ N/A $ N/A $ 17,777.00 Second Year $ N/A $ $ $ N/A Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer. G ' Date: January 5,2015 58 Agreement Number: 15-DS-P4-10-40-01- CFDA# 97.067 FEDERALLY-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 Budget and Scope of Work, Attachment A and Attachment 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 D. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end December 31, 2015, 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 OMB Circular No. A-102, "Common Rule: Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State, Local and Indian Tribal Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions,"or OMB Circular No. A-122, "Cost Principles for Non-profit Organizations." 1 59 (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. (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 Attachment B -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 OMB Circular A-133, as revised, and in the event that the Recipient expends$500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in 2 60 accordance with the provisions of OMB Circular A-133, as revised. 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 OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, 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 Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, 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 OMB Circular A-133, 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 OMB Circular A-133, as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A-133, as revised, 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 Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at http://harvester.census.gov/fac/collect/ddeindex.html And to any other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-1 33, as revised. (f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall send a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, 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 (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 OMB Circular A-133, 3 61 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 OMB Circular A-133 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 15 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 March 31, June 30, September 30 and December 31. (c) The close-out report is due 45 days after termination of this Agreement or 45 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 B. (8) MONITORING. 4 62 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 and Attachment B 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 766.28, 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: 5 63 (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) ayment;(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. 6 64 (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. (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. (b) The name and address of the Division contract manager for this Agreement is.- Joshua s:Joshua Bradt 2555 Shumard Oak Blvd. Tallahassee, FI 32399-2100 Telephone: (850) 922-1747 Fax: (850) 922-8689 Email:joshua.bradt@em.myflorida.com 7 65 (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: John King 4225 43rd Ave Vero Beach, FL 32967 Telephone: 772-567-2154 Fax: 772-567-9323 Email:ikingoircgov.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 uporr 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—Budget Attachment B -Scope of Work Attachment C—Deliverables& Performance Attachment D—Program Statutes and Regulations Attachment E—Justification of Advance Payment Attachment F—Warranties and Representations 8 66 Attachment G —Certification Regarding Debarment Attachment H —Statement of Assurances Attachment I — Reimbursement Checklist Attachment J —Monitoring Guidelines (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 $17,777, 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 and Attachment B 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 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. 9 67 (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 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 10 68 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(8)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 G)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. (j) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (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. 11 69 (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 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." 12 70 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. (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. 13 71 (23) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment H. 14 72 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RECIPIENT: INDIAN RIVER COUNTY By: Name and Title: Wesley S. Davis, Chairman Date: FID# 59-6000674 DUNS# 079208989 Include a copy of the designation of authority for the signatory, if applicable. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Bryan Koon, Director Date: Attest: Jeffrey R. Smith, Clerk ci ;1 ITR()N'Fi) Court and Comptroller By: Deputy Clerk 1 F unnt` ino,rt'.lr�tUt 73 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 Catalog of Federal Domestic Assistance title and number: Homeland Security Grant Program Award amount: $17,777 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 (Code of Federal Regulations) Part 13 (Common Rule) 2 CFR Part 215 OMB Circular A-21, A-102, A-110, A-122, A-128, A-87 and A-133 Federal Program: List applicable compliance requirements as follows: 1. Recipient is to use funding to perform eligible activities as identified FY2014 Department of Homeland Security Funding Opportunity Announcement. 2. Recipient is subject to all administrative and financial requirements as set forth in this Agreement or will not be in compliant with the terms of the Agreement. NOTE: Section .400(d) of OMB Circular A-133, as revised, 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. 16 74 ATTACHMENT A PROGRAM BUDGET • Below is a general budget which outlines eligible categories and their allocation under this award. The Recipient is to utilize the "Proposed Program Budget' as a guide for completing the "Budget Detail Worksheet' below. • The transfer of funds between the categories listed in the "Proposed Program Budget' is permitted. However, the transfer of funds between Issues is strictly prohibited. f a, .'T VA e ..:. a ' { � k �Gran� y �ci t �c s n FY 2014 - Homeland Indian River County Issue 16 — Local Planning, $17,777 Security Grant Program Training & Exercise .r a 17 75 BUDGET DETAIL WORKSHEET The Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award as described in the "Proposed Program Budget". If any changes need to be made to the "Budget Detail Worksheet", after the execution of this agreement, contact the grant manager listed in this agreement via email or letter. s r, Developing hazard/threat-specific annexes that incorporate the range of prevention, protection, response, and recovery activities Developing and implementing homeland security support programs and adopting ongoing DHS national initiatives Developing related terrorism prevention activities Developing and enhancing plans and protocols Developing or conducting assessments Hiring of full or part-time staff or contractors/consultants to assist with planning activities(not for the purpose of hiring public safety personnel fulfilling traditional public safety duties Identifying resources for medical supplies necessary to support children during an emergency, including pharmaceuticals and pediatric-sized equipment on which first responders and medical providers are trained Developing and implementing a community preparedness strategy for the State/local jurisdiction Travel/per diem related to planning activities Overtime and backfill costs(in accordance with operational Cost Guidance) Establishing, expanding, and maintaining volunteer programs and volunteer recruitment efforts that support disaster preparedness and/or response Issuance of WHTI-compliant tribal identification cards (SHSP only) Activities to achieve planning inclusive of people with disabilities Atlow%le►Train ng Costs. Quantity Unit Cost Total Cost Developing, Delivering, and Evaluating Training Overtime and backfill for emergency preparedness and response personnel attending FEMA-sponsored and approved training classes. 18 76 Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in FEMA training. Training Workshops and Conferences Activities to achieve training inclusive of people with disabilities Full or Part-Time Staff or Contractors/Consultants 1 17 , 777 Certification/Recertification of Instructors Travel Supplies Tuition for higher education Other items Design, Develop, Conduct and Evaluate an Exercise Exercise Planning Workshop-Grant funds may be used to plan and conduct an Exercise Planning Workshop to include costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel and exercise plan development. Full or Part-Time Staff or Contractors/Consultants- Full or part-time staff may be hired to support exercise-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval of the state or the awarding agency, whichever is applicable. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of CBRNE exercises. The applicant's formal written procurement policy or the Federal Acquisition Regulations FAR must be followed. Overtime and backfill costs—Overtime and backfill costs, including expenses for part-time and volunteer emergency response personnel participating in FEMA exercises Implementation of HSEEP Activities to achieve exercises inclusive of people with disabilities 19 77 Travel-Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise project(s). These costs must be in accordance with state law as highlighted in the OJP Financial Guide. States must also follow state regulations regarding travel. If a state or territory does not have a travel policy they must follow federal guidelines and rates, as explained in the OJP Financial Guide. For further information on federal law pertaining to travel costs please refer to htt2://www.oil2.usdoi.gov/FinGuide. Supplies-Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., copying paper, gloves, tape, non-sterile masks, and disposable protective equipment). Other Items-These costs include the rental of space/locations for exercise planning and conduct, exercise signs, badges, etc. 20 78 ATTACHMENT B SCOPE OF WORK Funding is provided to perform eligible activities as identified in the Domestic Homeland Security— Federal Emergency Management Agency National Preparedness Directorate Fiscal Year 2014 Homeland Security Grant Program (HSGP), consistent with the Department of Homeland Security State Strategy. Eligible activities are outlined in the Scope of Work for each category below: I. Issue and Project Description Issue 16—Local Planning,Training & Exercise -Allows all seven regions to execute multi- disciplinary planning, training and exercises initiatives that will test the knowledge, skills and abilities of personnel, organizations, teams and the public/private partnerships. II. Categories and Eligible Activities FY2014 allowable costs for this agreement are for the Planning, Training and Exercise Categories. Allowable costs have been listed in the"Budget Detail Worksheet"Attachment A. A. Planning Examples of allowable planning activities include: • Developing hazard/threat-specific annexes that incorporate the range of prevention, protection, mitigation, response, and recovery activities as identified in the national planning frameworks • Developing and implementing homeland security support programs and adopting DHS national initiatives including but not limited to the following: - Conducting a THIRA process - Implementing the Goal, National Preparedness System, and the Whole Community Approach to Security and Emergency Management including efforts to support strengthening of capacity among whole community partners - Pre-event recovery planning - Implementing the 2014 National Infrastructure Protection Plan (NIPP) and associated Sector Specific Plans - Enhancing and implementing SCIPs and Tactical Interoperable Communications Plans (TICPs) that align with the goals, objectives, and initiatives of the National Emergency Communications Plan (NECP) - Costs associated with the adoption, implementation, and sustainment of the NIMS, including implementing the NIMS Guideline for Credentialing of Personnel - Modifying existing incident management and EOPs to ensure proper alignment with the coordinating structures, processes, and protocols described in the National Frameworks - Establishing or enhancing mutual aid agreements - Developing communications and interoperability protocols and solutions consistent with NIMS/ICS that include communications support for faith-based and voluntary organizations - Developing emergency communications SOPS and plain language protocols - Integrating emergency communications SOPs across jurisdiction, disciplines, and levels of government - Conducting local, regional, and Tribal program implementation workshops 21 79 Developing or updating resource inventory assets in accordance to NIMS-typed resource definitions which are managed by FEMA's National Integration Center(NIC) and can be found at: http.-IAvww.fema.gov/resource-management - Designing State and local geospatial data systems Developing and conducting public education and outreach campaigns, including promoting individual, family, and organizational emergency preparedness and support for the National Preparedness Campaign including America's PrepareAthon! and Ready campaigns, as required by the National Preparedness System; alerts and warnings education; promoting training, exercise, and volunteer opportunities; informing the public about emergency plans, evacuation routes, shelter locations; and evacuation plans as well as CBRNE prevention awareness - Designing programs to address targeting at-risk populations and engaging them in emergency management planning efforts - Developing and conducting public education and outreach campaigns, including promoting individual, family, and organizational emergency preparedness and support for the national Campaign to Build and Sustain Preparedness, including America's PrepareAthon!, as required by the National Preparedness System; the Ready Campaign; alerts and warnings education; promoting training, exercise, and volunteer opportunities; informing the public about emergency plans, evacuation routes, shelter locations; and evacuation plans as well as CBRNE prevention awareness activities, materials, services, tools and equipment to achieve planning, protection, mitigation, response and recovery that is inclusive of people with disabilities(physical, programmatic and communications access for people with physical, sensory, mental health, intellectual and cognitive disabilities) Preparing materials for SPRs - WHTI implementation activities including the issuance of WHTI-compliant Tribal identification cards • Conducting statewide emergency communications and preparedness planning, including the following activities: - Conducting/attending planning and governance workshops - Engaging and expanding the participation of the whole community in emergency communications planning, response, and risk identification - Participating in THIRA development process - Collecting and using data(e.g., NECP Goal Assessments, findings from national-level exercises) to assess user needs, capabilities, and gaps, and to facilitate coordination and asset-sharing - Assessing emergency communications needs and assets and integrating needs into State plans(e.g., SCIP, SPR, and broadband plans) - Coordinating with SWIC, SAA, and State-level planners to ensure proposed investments align to statewide plans(e.g., SCIP, State broadband plan) and comply with technical requirements • Developing related terrorism prevention activities: - Coordinating fusion center efforts with other analytical and investigative efforts including, but not limited to JTTFs, Field Intelligence Groups (FIGS), High Intensity Drug Trafficking Areas(HIDTAs), Regional Information Sharing Systems (RISS) Centers, criminal intelligence units, and real-time crime analysis centers. - Developing THIRAs that reflect a representative makeup and composition of the jurisdiction - Developing initiatives that directly support local efforts to understand, recognize, prepare for, prevent, mitigate, and respond to pre-operational activity and other crimes that are precursors or indicators of terrorist activity, in accordance with civil rights/civil liberties protections 22 80 - Developing law enforcement prevention activities, to include establishing and/or enhancing a fusion center - Hiring an IT specialist to plan, develop, and implement the IT applications necessary for a fusion center Developing and planning for information/intelligence sharing groups Integrating and coordinating the fire service, emergency management, public health care, public safety, and health security data-gathering (threats to human and animal health) within designated fusion centers to achieve early warning, monitoring, and mitigation of threats Hiring and training privacy, security, and/or fusion liaison officers (FLO) coordinators to support fusion center operations - Integrating and coordinating private sector participation with fusion center activities - Developing and implementing preventive radiological/nuclear detection activities Acquiring systems allowing connectivity to State, local, Tribal, territorial, and Federal data networks, such as the National Crime Information Center(NCIC) and Integrated Automated Fingerprint Identification System (IAFIS), as appropriate Planning to enhance security during heightened alerts, terrorist incidents, and/or during mitigation and recovery Accessible public information/education: printed and electronic materials, public service announcements, seminars/town hall meetings, and web postings coordinated through local Citizen Corps Councils - Volunteer programs and other activities to strengthen citizen participation Conducting public education campaigns including promoting suspicious activity reporting and preparedness; individual, family, and organizational emergency preparedness; Promoting the national Campaign to Build and Sustain Preparedness and the Ready campaign Evaluating Critical Infrastructure Protection (CIP) security equipment and/or personnel requirements to protect and secure sites - CIP cost assessments, including resources (e.g., financial, personnel) required for security enhancements/deployments - Underwater Terrorist Protection Plans • Developing and implementing a comprehensive model for preventing violent extremism in local communities: - Including existing law enforcement agencies' initiatives and including mechanisms for engaging the resources and expertise available from a range of social service providers, such as education administrators, mental health professionals, and religious leaders; - Enhancing engagement with communities to discuss violent extremism in an effort to(1) share sound, meaningful, and timely information about the threat of radicalization to violence with a wide range of groups and organizations, particularly those involved in public safety; (2) respond to concerns about government policies and actions; and (3) increase understand for how community-based solutions can be supported. - Building expertise, including a robust training program to improve cultural competency and to ensure that communities, government, and law enforcement receive accurate, intelligence-based information about the dynamics of radicalization to violence. • Developing and enhancing risk centric capabilities-based plans and protocols, including but not limited to: - Community-based planning to advance "whole community" security and emergency management - Incorporating government/non-governmental collaboration, citizen preparedness, and volunteer participation into State and local government homeland security strategies, policies, guidance, plans, and evaluations - Developing, enhancing, maintaining a current EOP that conforms to the guidelines outlined in the CPG 101 v 2.0 23 81 Planning for the relocation of existing systems operating in the T-Band Developing or enhancing local, regional, or Statewide strategic or tactical interoperable emergency communications plans including such actions to support communications with faith-based and voluntary entities who act as immediate responders in disaster - Developing or enhancing critical infrastructure planning, to include planning for incidents at chemical facilities Developing protocols or SOPs for specialized teams to incorporate the use of equipment acquired through this grant program - Developing terrorism prevention/protection plans Developing plans, procedures, and requirements for the management of infrastructure and resources related to HSGP and implementation of State or Urban Area Homeland Security Strategies Developing plans for mass evacuation and pre-positioning equipment - Developing or enhancing plans for responding to mass casualty incidents caused by any hazards Developing or enhancing applicable procedures and operational guides to implement the response actions within the local plan including patient tracking that addresses identifying and tracking children, access and functional needs population, and the elderly and keeping families intact where possible - Developing or enhancing border security plans Developing or enhancing cyber-security and risk mitigation plans - Developing or enhancing secondary health screening protocols at major points of entry (e.g., air, rail, port) Developing or enhancing agriculture/food security risk mitigation, response, and recovery plans Developing public/private sector partnership emergency response, assessment, and resource sharing plans Developing or enhancing plans to engage and interface with, and to increase the capacity of, private sector/non-governmental entities working to meet the human service response and recovery needs of survivors - Developing or updating local or regional communications plans - Developing plans to support and assist jurisdictions, such as port authorities and rail and mass transit agencies Developing or enhancing continuity of operations and continuity of government plans Developing or enhancing existing catastrophic incident response and recovery plans to include and integrate Federal assets provided under the NRF and the National Disaster Recovery Framework (NDRF) Developing plans and response procedures for adjudicating, validating and responding to an alarm from a chemical or biological detector(response procedures should include emergency response procedures integrating local first responders) Developing or enhancing evacuation plans Developing mechanisms for utilizing the National Emergency Family Registry and Locator System (NEFRLS) Developing or enhancing plans to prepare for surge capacity of volunteers - Developing or enhancing the State EMS systems Developing or enhancing plans for donations and volunteer management and the engagement/integration of private sector/non-governmental entities, and faith-based organizations in preparedness, mitigation, response, and recovery activities Developing school preparedness plans Developing preparedness plans for child congregate care facilities, including group residential facilities,juvenile detention facilities, and public/private child care facilities - Developing plans to educate youth on disaster preparedness - Ensuring jurisdiction EOPs adequately address warnings, emergency public information, evacuation, sheltering, mass care, resource management from non-governmental sources, unaffiliated volunteer and donations management, and volunteer resource 24 82 integration to support each Emergency Support Function, to include appropriate considerations for integrating activities, materials, services, tools and equipment to achieve planning inclusive of people with disabilities(physical, programmatic and communications access for people with physical, sensory, mental health, intellectual and cognitive disabilities). Developing and implementing civil rights, civil liberties, and privacy policies, procedures, and protocols Designing and developing State, local, Tribal, and territorial geospatial data systems Developing and implementing statewide electronic patient care reporting systems compliant with the National Emergency Medical Services Information System (NEMSIS) Costs associated with inclusive practices and the provision of reasonable accommodations and modifications to provide full access for children and adults with disabilities • Preparing and submitting SCIPs for SHSP, Preparing and submitting reports to the Office of Emergency Communications(OEC)on progress of implementing that State's SCIP and achieving interoperability at the interstate, State, county, regional, and city levels • Updating and implementing SCIP and TICP to: - Address findings and gaps identified in AARs from real world incidents and planned exercises, NECP Goal assessments, other State-level preparedness reports and assessments - Incorporate the National Preparedness System and DHS Whole Community initiatives - Address plans for implementation of the Federal Communications Commission (FCC) narrowband requirements - Describe strategic broadband planning activities and initiatives in preparation for the future deployment of the Nationwide Public Safety Broadband Network(NPSBN) • Developing or conducting assessments, including but not limited to: - Developing pre-event recovery plans - Conducting point vulnerability assessments at critical infrastructure sites/key assets and develop remediation/security plans - Participating Regional Resiliency Assessment Program (RRAP) activities - Conducting or updating interoperable emergency communications capabilities assessments at the local, regional, or Statewide level (e.g., Communications Assets and Mapping [CASM]) - Developing border security operations plans in coordination with CBP - Developing, implementing, and reviewing Area Maritime Security Plans for ports, waterways, and coastal areas - Updating and refining threat matrices - Conducting cyber risk and vulnerability assessments - Conducting assessments and exercising existing catastrophic incident response and recovery plans and capabilities to identify critical capability gaps that cannot be met by existing local, regional, and State resources - Activities that directly support the identification of specific catastrophic incident priority response and recovery projected needs across disciplines(e.g., law enforcement, fire service, EMS, public health, behavioral health, public works, agriculture, information technology, and citizen preparedness) - Activities that directly support the identification of pre-designated temporary housing sites - Activities that support the identification and development of alternate care sites - Conducting community assessments, surveys, and research of vulnerabilities and resource needs to determine how to meet needs and build effective and tailored strategies for educating individuals conducting assessments of the extent to which compliance with the integration mandate of disability laws is being achieved - Conducting Preparedness research 25 83 - Conducting or updating interoperable emergency communications capabilities and broadband needs assessments at the local, regional, or Statewide level - Soft target security planning (e.g., public gatherings) • Developing, hosting, or participating in bombing prevention/counter-improvised explosives device (IED)-specific planning initiatives to include: - Incorporating appropriate IED-specific intelligence and threat analysis when developing and maintaining a THIRA; - Conducting inventories and assessments of capabilities or typed resource using the counter-IED-specific DHS National Counter-IED Capabilities Analysis Database (NCCAD) program for use in applicable THIRAs, preparedness reporting, or strategies; - Conducting DHS Multi-Jurisdiction IED Security Planning (MJIEDSP) workshops to develop THIRA-based plans and strategies that maximize the use of limited resources; - Developing IED hazard-specific EOP annexes. - Implementing a Corrective Action Plan (CAP) to close IED-related capability gaps identified through MJIEDSP or other planning processes • Continuity of Operations/Continuity of Government(COOP/COG) Planning activities, which include but are not limited to: - Determining essential functions and activities, interdependencies, and resources needed to perform them - Establishing orders of succession and delegations of authority to key agency positions and establish and maintain current roster(s) of fully equipped and trained COOP personnel with the authority to perform essential functions - Providing for the identification and preparation of alternate operating facilities for relocated operations - Providing for the regular training, testing, and exercising of COOP personnel, systems, and facilities - Providing for reconstitution of agency capabilities and transition from continuity operations to normal operations Identifying resources for medical supplies necessary to support children during an emergency, including pharmaceuticals and pediatric-sized equipment on which first responders and medical providers are trained Ensuring subject matter experts, durable medical equipment, consumable medical supplies and other resources required to assist children and adults with disabilities to maintain health, safety and usual levels of independence in general population environments Developing and implementing a community preparedness strategy for the State/local jurisdiction Building and expanding governance structures to: - Include representatives from multiple agencies, jurisdictions, disciplines, levels of government, Tribes, rural areas, subject matter experts, and private industry - Integrate statewide leadership and governance structures into broader statewide planning efforts(e.g., statewide broadband planning activities, grants coordination activities, needs assessments) to ensure emergency communications needs are represented - Conduct outreach and education on emergency communications needs and initiatives to stakeholder groups Establishing, expanding, and maintaining volunteer programs and volunteer recruitment efforts that support disaster preparedness and/or response 26 84 - Allowable volunteer programs and efforts include, but are not limited to: Citizen Corps Councils, partners, and affiliates; CERTs; Fire Corps; Medical Reserve Corps (MRC); Neighborhood Watch/USAonWatch; Volunteers in Police Service (VI PS); and jurisdiction-specific volunteer programs and efforts. Establishing and sustaining Citizen Corps Councils Working with youth-serving organizations and houses of worship to develop and sustain youth and faith-based preparedness programs Additional Planning Information The National Preparedness Directorate (NPD) offers technical assistance (TA) that is designed to provide grantees and sub-grantees with specialized expertise to improve their emergency plans and planning. TA deliveries are designed specifically to improve and enhance the continuing development of state and local emergency management across the five mission areas of the National Preparedness Goal and across all core capabilities. TA provides the opportunity to engage emergency managers, emergency planners, and appropriate decision-makers in open discussion of options to improve plans and planning in light of their jurisdiction's needs. There is no cost to approved jurisdictions for FEMA TA. TA deliveries combine current emergency management best practices with practical consideration of emerging trends, through discussion facilitated by FEMA contract specialists and with the support of FEMA Region operational specialists. While the invitation of participants is up to the requesting jurisdiction, FEMA encourages requesting jurisdictions to include the broadest practical range of its emergency managers and planners in all TA deliveries. TA deliveries should be made open to neighboring jurisdictions. As necessary, FEMA may also invite other Federal experts and practitioners to participate. Additionally, peer-to-peer representation may also be included from other jurisdictions that have recently used TA for the same planning issue. The TA catalog, showing the full range of TA available across all five mission areas and by all providers, and the TA request form can be accessed at http://www.fema.gov/national-incident- management-system/fema-technical-assistance-division. The following are allowable only within the period of performance of the contract: Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc. Leasing and/or renting of space for newly hired personnel during the period of performance of the grant program B. Training FY 2014 SHSP and UASI funds may be used to support attendance to allowable training deliveries and programs, as described below. FEMA funds must be used to supplement, not supplant, existing funds that have been appropriated for the same purpose. Allowable training- related costs include, but are not limited to, the following: Developing, Delivering, and Evaluating Training. Includes costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, disability accommodations, and equipment. Training that promotes individual, family, or community safety and preparedness is encouraged, including: all-hazards safety training such as emergency preparedness, basic first aid, lifesaving skills, crime prevention and terrorism awareness, school preparedness, public health issues, chemical facility incidents, mitigation/property damage prevention, safety in the home, light search and rescue skills, principles of NIMS/ICS, volunteer management and volunteer activities, serving and integrating people with disabilities, pet care preparedness, CPR/AED training, identity theft workshops, terrorism awareness seminars, and disability-inclusive community preparedness conferences. The delivery of the CERT Basic Training Course and supplemental training for 27 85 CERT members who have completed the basic training, the CERT Train-the-Trainer Course, and the CERT Program Manager course are strongly encouraged. • Conducting, hosting, or participating in training related to IED prevention, protection, mitigation, or response to include: • Awareness and education for the public, private sector and first responders; • Suspicious activity identification and reporting, including the Surveillance Detection and Bomb-Making Materials Awareness Program (BMAP); • Management of bomb threats; • Physical protective measures; • Diversion control measures for dual-use explosive precursor chemicals, including the Surveillance Detection and Bomb-Making Materials Awareness Program (BMAP); • Training for specialized IED prevention and protection teams or OPacks such as Public Safety Bomb Squads, Explosives Detection Canine Teams, and Mobile Explosive Device Screening Teams in accordance with applicable guidelines, certification, or accreditation requirements. • 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. Requests for overtime or backfill must be reduced by the number of hours of leave taken in the pay period. For the purposes of this agreement, leave and pay period are defined according to the Fair Labor Standards Act (FLSA). • 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. Payment of salaries and fringe benefits to full or part-time staff or contractors/consultants 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. Such costs must be included within the funding allowed for program management personnel expenses. In no case is dual compensation allowable. • Certification/Recertification of Instructors. States are encouraged to follow the NTE 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 that involve training of trainers. This information is contained in IB 193, issued October 20, 2005. Additional information can be obtained at http://www.fema.gov/good_guidance/download/l 0146. • Training and exercises for the public or civilian volunteer programs supporting first responders, including CERTs, before, during and after disasters should address the needs of the Whole Community. Allowable training includes: all-hazards safety such as emergency preparedness, basic first aid, lifesaving skills, crime prevention and terrorism awareness, school preparedness, youth preparedness, public health issues, chemical facility incidents, mitigation/property damage prevention, safety in the home, light search and rescue skills, principles of NIMS and ICS, volunteer management, serving and integrating people with disabilities, pet care preparedness, training necessary to participate in volunteer activities, fulfill surge capacity roles, integration and coordination of faith community roles, communication in disaster or promotes individual, family, or whole community safety and preparedness. Exercises that include members of the public or that are conducted for the public should be coordinated with local CERTs and/or 28 86 Citizen Corps Councils as well as organizations outside of emergency management and focus on the importance of personal preparedness and protective actions. Per FEMA Grant Programs Directorate Policy FP 207-008-064-1, Review and Approval Requirements for Training Courses Funded Through Preparedness Grants, issued on September 9, 2013, States, territories, Tribal entities and urban areas are no longer required to request approval from FEMA for personnel to attend non-FEMA training as long as the training is coordinated with and approved by the State, territory, Tribal or Urban Area Training Point of Contact (TPOC)and falls within the FEMA mission scope and the jurisdiction's Emergency Operations Plan (EOP). The only exception to this policy is for Countering Violent Extremism courses. The Policy can be accessed at http://www.fema.gov/media- I i b rary/assets/documents/34856. FEMA will conduct periodic reviews of all State, territory, and Urban Area training funded by FEMA. These reviews may include requests for all course materials and physical observation of, or participation in, the funded training. If these reviews determine that courses are outside the scope of this guidance, grantees will be asked to repay grant funds expended in support of those efforts. For further information on developing courses using the instructional design methodology and tools that can facilitate the process, SAAs and TPOCs are encouraged to review the TED Responder Training Development Center(RTDC) available at http://www.firstrespondertraining.gov/rtdc/state/. Additional Training Information FEMA Provided Training. These trainings include programs or courses developed for and delivered by institutions and organizations funded by FEMA. This includes the Center for Domestic Preparedness(CDP), the Emergency Management Institute (EMI), and the National Training and Education Division's (NTED)training partner programs including, the Continuing Training Grants, the National Domestic Preparedness Consortium (NDPC) and the Rural Domestic Preparedness Consortium (RDPC). Approved State and Federal Sponsored Course Catalogue. This catalogue lists State and Federal sponsored courses that fall within the FEMA mission scope, and have been approved through the FEMA course review and approval process. An updated version of this catalog can be accessed at http://www.firstrespondertraining.gov. Training Not Provided by FEMA. These trainings includes courses that are either State sponsored or Federal sponsored (non-FEMA), coordinated and approved by the SAA or their designated TPOC, and fall within the FEMA mission scope to prepare State, local, Tribal, and territorial personnel to prevent, protect against, mitigate, respond to, and recover from acts of terrorism or catastrophic events. State Sponsored Courses. These courses are developed for and/or delivered by institutions or organizations other than Federal entities or FEMA and are sponsored by the SAA or their designated TPOC. Joint Training and Exercises with the Public and Private Sectors. These courses are sponsored and coordinated by private sector entities to enhance public-private partnerships for training personnel to prevent, protect against, mitigate, respond to, and recover from acts of terrorism or catastrophic events. Overtime pay for first responders and emergency managers who participate in public-private training and exercises is allowable. In addition, States, territories, Tribes, and Urban Areas are encouraged to incorporate the private sector in government- sponsored training and exercises. 29 87 Additional information on both FEMA provided training and other federal and state training can be found at http://www.firstrespondertraining.gov. Training Information Reporting System ("Web-Forms"). Web-Forms is an electronic form/data management system built to assist the SAA and its designated State, territory and Tribal Training Point of Contact (TPOC). Reporting training activities through Web-Forms is not required under FY 2014 HSGP, however, the system remains available and can be accessed through the FEMA Toolkit located at http://www.firstrespondertraining.gov/admin in order to support grantees in their own tracking of training. FDEM State Training Office conditions: For the purposes of this Agreement, any training course listed on the DHS approved course catalog qualifies as an authorized course. The Recipient can successfully complete an authorized course either by attending or conducting that course. • In order to receive payment for successfully attending an authorized training course, the Recipient must provide the Division with a certificate of course completion; additionally, the Recipient must provide the Division with all receipts that document the costs incurred by the Recipient in order to attend the course. • In order the receive payment for successfully conducting an authorized course, the Recipient must provide the Division with the course materials and a roster sign-in sheet; additionally, the Recipient must provide the Division with all receipts that document the costs incurred by the Recipient in order to conduct the course." • For courses that are non-DHS approved training, recipient must request approval to conduct training through the use of the Non-TED Form and provide a copy, along with email, showing approval granted for conduct. • For the conduct of training workshops, recipient must provide a copy of the course materials and sign-in sheets. • The number of participants must be a minimum of 15 in order to justify the cost of holding a course. For questions regarding adequate number of participants please contact the FDEM State Training Officer for course specific guidance. Unless the recipient receives advance written approval from the State Training Officer for the number of participants, then the Division will reduce the amount authorized for reimbursement on a pro-rata basis for any training with less than 15 participants. • The Recipient must include with the reimbursement package a separate copy of the page(s) from the State(and County or Regional) MYTEP reflecting the training. C. Exercises Allowable exercise-related costs include: • Funds Used to Design, Develop, Conduct, and Evaluate an Exercise—Includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. Grantees are encouraged to use government or free public space/locations/facilities, whenever available, prior to the rental of space/locations/facilities. Exercises should provide the opportunity to 30 88 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 exercise-related activities. Such costs must be included within the funding allowed for program management personnel expenses. • The applicant's (State of Florida's)formal written procurement policy or 44 CFR 13.36—whichever is more stringent—must be followed. • 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. Requests for overtime or backfill must be reduced by the number of hours of leave taken in the pay period. For the purposes of this agreement, leave and pay period are defined according to the Fair Labor Standards Act (FLSA). • Travel—Travel costs are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of exercise project(s) or HSEEP programmatic requirements as described in the HSEEP website (e.g., Improvement Plan Workshops, Training and Exercise Plan). • Supplies—Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., copying paper, gloves, tape, non-sterile masks, and disposable protective equipment). • Disability Accommodations—Materials, services, tools and equipment for exercising inclusive of people with disabilities(physical, programmatic and communications access for people with physical sensory, mental health, intellectual and cognitive disabilities). • Other Items—These costs include the rental of equipment and other expenses used specifically for exercises, costs associated with inclusive practices and the provision of reasonable accommodations and modifications to provide 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) medical supplies, and emergency response apparatus (e.g., fire trucks, ambulances). • Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct (e.g., electronic messaging signs). • The purchase of food is not permissible under this grant, subject to prior approval of the Department of Financial Services, explicitly authorized by 2 CFR, Part 225, Appendix B. While this is an allowable purchase by DHS, please note that FDEM 31 89 adheres to Florida Statues, which are more stringent than federal guidance. Such expenditures are restricted to the rates specified for Class C meals in Section 112.061, Florida Statutes. Exercise Requirements Training and Exercise Plan Workshop. States and Urban Areas are required to conduct an annual Training and Exercise Plan Workshop (TEPW). A Multi-year Training and Exercise Plan must be developed from the workshops on an annual basis and submitted to the States respective Exercise Program point of contact. The State Exercise Program point of contact should submit a copy of the State and Urban Area plans to hseep6a�dhs.4ov. The Training and Exercise Plan will include the State's program priorities and a Multi-Year Training and Exercise Plan (schedule) that supports the identified priorities and aligned capabilities. In addition to submission of the Multi-Year Training and Exercise Plan to hseer)Odhs.4ov, all scheduled training and exercises should be entered into the HSEEP National Exercise Scheduling(NEXUS) System, located in the HSEEP Toolkit on the HSEEP website https://hseep.dhs.gov. States must complete a cycle of progressive exercise activities during the period of this grant. Exercises conducted by States and Urban Areas may be used to fulfill similar exercise requirements required by other grant programs. For example, HHS preparedness programs require joint exercises between public health departments, the health care sector and medical countermeasure authorities including law enforcement which could provide collaborative opportunities. To this end, grantees are encouraged to invite representatives/planners involved with other federally-mandated or private exercise activities. States and Urban Areas are encouraged to share, at a minimum, the multi-year training and exercise schedule with those departments, agencies, and organizations included in the plan. Exercise Scenarios.The scenarios used in HSGP-funded exercises must be based on the State/Urban Area's THIRA. The scenarios used in HSGP-funded exercises must focus on testing capabilities, must be large enough in scope and size to exercise multiple activities and warrant involvement from multiple disciplines and/or jurisdictions and non-governmental organizations, and take into account the needs and requirements for individuals with disabilities. Exercise scenarios should align with priorities and capabilities identified in the Multi-year Training and Exercise Plan. Special Event Planning. If a State or Urban Area will be hosting a special event (e.g., Super Bowl, G-8 Summit)the special event planning should be considered as a training or exercise activity for the purpose of the Multi-year Training and Exercise Plan. The State or Urban Area should plan to use SHSP or UASI funding to finance training and exercise activities in preparation for those events. States and Urban Areas should also consider exercises at major venues(e.g., arenas, convention centers) that focus on evacuations, communications, and command and control. States should also anticipate participating in at least one Regional Exercise annually. States must include all confirmed or planned special events in the Multi-year Training and Exercise Plan. Exercise Evaluation and Improvement. Exercises should evaluate performance of the objectives and capabilities required to respond to the exercise scenario. Guidance related to exercise evaluation and improvement planning is defined in the HSEEP located at httr)s://hssep.dhs.gov. 32 90 • Self-Sustaining Exercise Programs. States are expected to develop a self- sustaining exercise program. A self-sustaining exercise program is one that is successfully able to implement, maintain, and oversee the Multi-Year Training and Exercise Plan, including the development and delivery of HSGP-funded exercises. The program must utilize a multi-disciplinary approach to the development and delivery of exercises, and build upon existing plans, training, and equipment. • Role of Non-Governmental Entities in Exercises. Non-governmental participation in all levels of exercises is strongly encouraged. Leaders from nongovernmental entities should be included in the planning, conduct, and evaluation of an exercise. State, local, tribal, and territorial jurisdictions are encouraged to develop exercises that test the integration and use of non-governmental resources provided by non- governmental entities, defined as the private sector and private non-profit, faith- based, community, disability, volunteer, and other non-governmental organizations. Non-governmental participation in exercises should be coordinated with the local Citizen Corps Council(s) or their equivalent and other partner agencies. The scenarios used in HSGP-funded exercises must focus on validating existing capabilities, must comply with and be large enough in scope and size to exercise multiple activities and warrant involvement from multiple jurisdictions and disciplines and non-governmental organizations, and take into account the needs and requirements for individuals with disabilities. FDEM State Training Office conditions for Exercises: For the purposes of this Agreement, any exercise which is compliant with HSEEP standards and contained in the State of Florida (and County or Regional) MYTEP qualifies as an authorized exercise. The Recipient can successfully complete an authorized exercise either by attending or conducting that exercise. • In order to receive payment for successfully attending an authorized exercise, the Recipient must provide the Division with a certificate of completion or similar correspondence signed by the individual in charge of the exercise; additionally, the Recipient must provide the Division with all receipts that document the costs incurred by the Recipient in order to attend the exercise. • In order the receive payment for successfully conducting an authorized exercise, the Recipient must provide the Division with an ExPLAN, AAR/IP, IPC/MPC/FPC Meeting Minutes and Sign-in Sheet for exercise attendees; additionally, the Recipient must provide the Division with all receipts that document the costs incurred by the Recipient in order to conduct the exercise. The Recipient must include with the reimbursement package a separate copy of the page(s) from the Exercise Plan which identifies the participant agencies and a printed page(s) from the State (and County or Regional) MYTEP reflecting the exercise. • If you require food/water for this event, request must come to the Division within 25 days of event in the following format: Exercise Title: Location: Exercise Date: Exercise Schedule: Estimated Number of Participants that will be fed: 33 91 Estimated Cost for food/water: Description of the Exercise: D. Procurement All procurement transactions will be conducted in a manner providing full and open competition and shall comply with the standards articulated in: • 44 Code of Federal Regulation, Section 13.36; • Chapter 287, Florida Statues; and, • any local procurement policy. To the extent that one standard is more stringent than another, then the subgrantee must follow the more stringent standard. For example, if a State statute imposes a stricter requirement than a Federal regulation, then the subgrantee must adhere to the requirements of the State statute. The Division shall pre-approve all scopes of work for projects funded under this agreement. Additionally, the subgrantee shall not execute a piggy-back contract unless the Division has approved the scope of work contained in the original contract that forms the basis for the piggy-back contract. Also, in order to receive reimbursement from the Division, the subgrantee must provide the Division with a suspension and debarment form for each vendor that performed work under the agreement. Furthermore, if requested by the Division, the subgrantee shall provide copies of solicitation documents including responses and justification of vendor selection. E. Piggy-backing The practice of procurement by one agency using the agreement of another agency is called piggybacking. The ability to piggyback onto an existing contract is not unlimited. 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 scope or 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. Section 215.971, Florida Statutes Statutory changes enacted by the Legislature impose additional requirements on grant and subgrant agreements funded with Federal or State financial assistance. In pertinent part, Section 215.971(1) states: (1)An agency agreement that provides state financial assistance to a recipient or subrecipient, as those terms are defined in s. 215.97, or that provides federal financial assistance to a subrecipient, as defined by applicable United States Office of Management and Budget circulars, must include all of the following: (a)A provision specifying a scope of work that clearly establishes the tasks that the recipient or subrecipient is required to perform. (b) A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the agency before payment. Each deliverable must be directly related to the scope of work and specify 34 92 the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. (c)A provision specifying the financial consequences that apply if the recipient or subrecipient fails to perform the minimum level of service required by the agreement. The provision can be excluded from the agreement only if financial consequences are prohibited by the federal agency awarding the grant. Funds refunded to a state agency from a recipient or subrecipient for failure to perform as required under the agreement may be expended only in direct support of the program from which the agreement originated. (d)A provision specifying that a recipient or subrecipient of federal or state financial assistance may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. (e)A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the state agency. (f)A provision specifying that any funds paid in excess of the amount to which the recipient or subrecipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. (g)Any additional information required pursuant to s. 215.97. Failure to comply Failure to comply with any of the provisions outlined above shall result in disallowance of reimbursement for expenditures. Meeting-related expenses (For a complete list of allowable meeting-related expenses, please review the OJP Financial Guide at htti)://www.oio.usdoi.gov/FinGuide). The following are allowable only within the period of performance of the contract: Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc. Leasing and/or renting of space for newly hired personnel during the period of performance of the grant program F. Unauthorized Expenditures a. Activities unrelated to the completion and implementation of the grant program b. Funding may not be used to supplant ongoing, routine public safety activities of state and local emergency responders, and may not be used to hire staff for operational activities or backfill. Funds cannot not replace(supplant)funds that have been appropriated for the same purpose. G. National Incident Management System (NIMS) Implementation HSPD-5, "Management of Domestic Incidents,"mandated the creation of NIMS and the National Response Framework (NRF). NIMS provides a consistent framework for entities at all jurisdictional levels to work together to manage domestic incidents, regardless of cause, size, or complexity. To promote interoperability and compatibility among Federal, State, local, and tribal capabilities, NIMS includes a core set of guidelines, standards, and protocols for command and management, preparedness, resource management, communications and information management, supporting technologies, and management and maintenance of NIMS. Prior to the allocation of any Federal preparedness awards in FY2014, grantees must ensure and maintain adoption and 35 93 implementation of NIMS. Additionally, grantees and sub-grantees will be required to meet certain NIMS compliance requirements. This includes all emergency preparedness, response, and/or security personnel in the organization participating in the development, implementation, and/or operation of resources and/or activities awarded through this grant must complete training programs consistent with the NIMS Training Plan. Minimum training includes: IS-100.b Introduction to ICS; IS-200.b ICS for Single Incident and Initial Action Incidents; IS-700. a NIMS: An Introduction. IS-800 NRF: An Introduction, Additional NIMS courses would include: Intermediate Incident Command System (G- 300), and Advanced Incident Command System (G-400) are also recommended. For additional guidance on NIMS training, please refer to hftp:/twww.fema.gov/emergency/nims/ni is training program.pdf H. Reporting Requirements 1. Quarterly Programmatic Reporting: The Quarterly Programmatic Report is due within 15 days after the end of the reporting periods(March 31, June 30, September 30 and December 31)for the life of this contract. • If a report(s) is delinquent, future financial reimbursements will be withheld until the Recipient's reporting is current. • If a report goes two(2) consecutive quarters without Recipient reflecting any activity and/or no expenditures will likely result in termination of the agreement. Pro rammatic Re ortin Schedule Reporting Period Report due to DEM no later than January 1 through March 31 Aril 15 A ril 1 through June 30 Jul 15 July 1 through September 30 October 15 October 1 through December 31 Janua 15 2. Programmatic Reporting-BSIR Biannual Strategic Implementation Report: After the end of each reporting period,for the life of the contract unless directed otherwise, the SAA,will complete the Biannual Strategic Implementation Report in the Grants Reporting Tool (GRT)https://www.reporting.odr).dhs.gov. The reporting periods are January 1-June 30 and July 1-December 31. Data entry is scheduled for December 1 and June 1 respectively. Future awards and reimbursement may be withheld if these reports are delinquent. 3. Reimbursement Requests: A request for reimbursement may be sent to your grant manager for review and approval at anytime during the contract period. Reimbursements must be requested within 90 calendar days of expenditure of funds, and quarterly at a minimum. Failure to submit request for reimbursement within 90 calendars of expenditure shall result in denial of reimbursement. The Recipient should include the category's corresponding line item number in the"Detail of Claims" form. This number can be found in the"Proposed Program Budget". A line item 36 94 number is to be included for every dollar amount listed in the "Detail of Claims" form. 4. Close-out Programmatic Reporting: The Close-out Report is due to the Florida Division of Emergency Management no later than 45 calendar days after the agreement is either completed or the agreement has expired. I. Programmatic Point of Contact Contractual Point of Contact Programmatic Point of Contact Joshua Bradt Owen Roach FDEM FDEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (850) 922-1747 (850) 410-1599 joshua.bradt@em.myflorida.com I owen.roach@em.myflorida.com J. Contractual Responsibilities • The FDEM shall determine eligibility of projects and approve changes in scope of work. • The FDEM shall administer the financial processes. 37 95 ATTACHMENT C DELIVERABLES & PERFORMANCE State Homeland Security Program (SHSP): SHSP supports the implementation of risk driven, capabilities-based State Homeland Security Strategies to address capability targets set in Urban Area, State, and regional Threat and Hazard Identification and Risk Assessments (THIRAs). The capability levels are assessed in the State Preparedness Report (SPR) and inform planning, organization, equipment, training, and exercise needs to prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events. Planning Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient for the actual cost of successfully completing Planning activities consistent with the guidelines contained in the Comprehensive Planning Guide CPG 101 v.2. For additional information, please see http://www.fema.gov/pdf/about/divisions/npd/CPG 101 V2.Pdf or grant guidance (Funding Opportunity Announcement). For the purposes of this Agreement, any planning activity such as those associated with the Threat and Hazard identification and Risk Analysis (THIRA), State Preparedness Report (SPR), and other planning activities that support the National Preparedness Goal (NPG) and place an emphasis on updating and maintaining an current Emergency Operations Plan (EOP) are eligible. The Recipient can successfully complete a planning activity either by creating or updating such plan(s). Training Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient for the actual cost of successfully completing a training course listed on the Department of Homeland Security (DHS) approved course catalog. For non-DHS approved courses the recipient shall obtain advance FDEM approval using the Non-TED form by contacting their grant manager. The DHS course catalog is available online at: http:/ttraining.fema.gov/. For the purposes of this Agreement, any training course listed on the DHS approved course catalog qualifies as an authorized course. The Recipient can successfully complete an authorized course either by attending or conducting that course. Exercise Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient for the actual cost of successfully completing an exercise which meets the Department of Homeland Security Homeland Security Exercise and Evaluation Program (HSEEP) standards and is listed in A) the State of Florida Multi-Year Training & Exercise Plan (MYTEP), and B) County or Regional TEP for the region in which the subgrantee is geographically located. Information related to TEPs and HSEEP compliance can be found online at: haps://www.Ilis.dhs.gov/hseel). For the purposes of this Agreement, any exercise which is compliant with HSEEP standards and contained in the State of Florida MYTEP qualifies as an authorized exercise. The Recipient can successfully complete an authorized exercise either by attending or conducting that exercise. Costs for allowable items will be reimbursed if incurred and completed within the period of performance, in accordance with the Scope of Work, Attachment B. 38 96 ATTACHMENT D PROGRAM STATUTES, REGULATIONS AND SPECIAL CONDITIONS 1) 53 Federal Register 8034 2) Lobbying Prohibitions 31 U.S.C. §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(x) 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 applicable to grants and cooperative agreements 13) Omnibus Crime Control and Safe Streets Act of 1968, as amended, 14) 42 USC 3789(d), or Victims of Crime Act(as appropriate); 15) Title VI of the Civil Rights Act of 1964, as amended; 16) Section 504 of the Rehabilitation Act of 1973, as amended; 17) Subtitle A, Title II of the Americans with Disabilities Act(ADA) (1990); 18) Title IX of the Education Amendments of 1975; 19) Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 20) 28 CFR Part 42, Subparts C,D,E, and G 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) OMB Circular A-21, A-102, A-110,A-122, A-128, A-87 and A-133 27) Drug Free Workplace Act of 1988 28) False Claims Act and Program Fraud Civil Remedies (31 U.S.C. § 3729) 29) Fly America Act of 1974 30) Hotel and Motel Fire Safety Act of 1990 (15 U.S.C. §2225(a) 31) Trafficking Victims Protection Act of 2000 32) USA Patriot Act of 2001 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 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations(OMB Circular A-110) 39 97 B. Cost Principles • 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87) • 2 CFR Part 220, Cost Principles for Educational Institutions(OMB CircularA-21) • 2 CFR Part 230, Cost Principles for Non-Profit Organizations(OMB Circular A-122) • Federal Acquisition Regulations(FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations C. Audit Requirements • OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations 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. 3. The Funding Opportunity Announcement for this program is hereby incorporated into your award by reference. By accepting these funds, the recipient agrees that all allocations and use of funds under this grant will be in accordance with the requirements contained in the Funding Opportunity Announcement. 4. The recipient shall not undertake any project having the potential to impact Environmental or 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. 40 98 ATTACHMENT E 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 and requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20_-20_Anticipated Expenditures for First Three Months (list applicable line items) of Contract For example 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) 41 99 ATTACHMENT F 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. 42 100 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 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 Licensing and Permitting 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. 43 101 ATTACHMENT G Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion 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 Recipient's Name Name and Title DEM Contract Number Street Address Project Number City, State, Zip Date 44 102 ATTACHMENT H STATEMENT OF ASSURANCES The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-87; 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. 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. 45 103 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. 46 104 ATTACHMENT I REIMBURSEMENT CHECKLIST Please Note: FDEM reserves the right to update this check list throughout the life of the grant to ensure compliance with applicable federal and state rules and regulations. Equipment ❑ 1. Have all invoices been included? ❑ 2. Has an AEL# been identified for each purchase? ❑ 3. If service/warranty expenses are listed, are they only for the performance period of the grant? ❑ 4. Has proof of payment been included? (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P-Card back up documentation which will include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card company for that statement) ❑ 5. If EHP form needed — has copy of it and approval from State/DHS been included? Planning Consultants/Contractors (Note: this applies to contractors also billed under Or anization LJ 1. Does the amount billed by consultant add up correctly? ❑ 2. Has all appropriate documentation to denote hours worked been properly signed? ❑ 3. Have copies of all planning materials and work product (e.g. meeting documents, copies of plans) been included? (If a meeting was held by recipient or contractor/consultant of recipient, an agenda and signup sheet with meeting date must be included). ❑ 4. Has the invoice from consultant/contrator been included? ❑ 5. Has proof of payment been included? (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P-Card back up documentation which will include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card Company for that statement). ❑ 6. Has Attachment H (found within Agreement with FDEM) been completed for this consultant and included in the reimbursement package? Training ❑ 1. Is the course DHS approved? Is there a course or catalog number? If not, has FDEM approved the non-DHS training? Is supporting documentation included your reimbursement request? ❑ 2. Have sign-in sheets, rosters and agenda been provided? ❑ 3. If billing for overtime and/or backfill, has a spreadsheet been provided that lists attendee names, department, # of hours spent at training, hourly rate and total 47 105 amount paid to each attendee? Have print outs from entity's financial system been provided as proof attendees were paid? For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? ❑ 4. Have the names on the sign-in sheets been cross-referenced with the names of the individuals for whom training reimbursement costs are being sought? ❑ 5. Has any expenditures occurred in support of the training (e.g., printing costs, costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment)? If so, receipts and proof of payment must be submitted. (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P-Card back up documentation which will include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card Company for that statement). Exercise ❑ 1. Has documentation been provided on the purpose/objectives of the exercise? Such as, SITMAN/EXPLAN. ❑ 2. If exercise has been conducted - has after-action report been included? Have sign-in sheets, agenda, rosters been provided? ❑ 3. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee names, department, # of hours spent at exercise, hourly rate and total paid to each attendee? Have print outs from entity's financial system been provided to prove attendees were paid? For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? ❑ 4. Have the names on the sign-in sheets been cross-referenced with the names of the individuals for whom exercise reimbursement costs are being sought? ❑ 5. Has any expenditures occurred on supplies (e.g., copying paper, gloves, tape, etc) in support of the exercise? If so, receipts and proof of payment must be submitted. (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P-Card back up documentation to include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card Company for that statement). ❑ 6. Has any expenditures occurred on rental of space/locations for exercises planning and conduct, exercise signs, badges, etc.? If so, receipts and proof of payment must be submitted. (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P-Card back up documentation to include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card Company for that statement). Travel/Conferences ❑ 1. Have all receipts been turned in such as: airplane receipts, proof of mileage, toll receipts, hotel receipts, car rental receipts, registration fee receipts and parking receipts? Are these receipts itemized? Do the dates of the receipts match the date(s) of travel/conference? Does the hotel receipt have a zero balance? If 48 106 applicable, have a travel authorization and travel reimbursement form been included to account for per diem, mileage and other travel expenses which have been reimbursed to the traveler by sub grantee? ❑ 2. If travel is a conference has the conference agenda been included? ❑ 3. Has proof of payment to traveler been included? (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or copy of payroll check if reimbursed through payroll). Matching Funds ❑ 1. Contributions are from Non Federal funding sources. ❑ 2. Contributions are from cash or in-kind contributions which may include training investments. ❑ 3. Contributions are not from salary, overtime or other operational costs unrelated to training. For Ali Reimbursements- The Final Check ❑ 1. Have all relevant forms been completed and included with each request for reimbursement? ❑ 2. Have the costs incurred been charged to the appropriate POETE category? ❑ 3. Does the total on all Forms submitted match? ❑ 4. Has Reimbursement Form been signed by the Grant Manager and Financial Officer? ❑ 5. Has the reimbursement package been entered into sub grantee's records/spreadsheet? ❑ 6. Have the quantity and unit cost been notated on Reimbursement Budget Breakdown? 49 107 ATTACHMENT J Florida Division of Emergency Management US Department of Homeland Security Grants Program Grant Monitoring Process Florida has enhanced state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds. The Florida Division of Emergency Management (FDEM) has a responsibility to track and monitor the status of grant activity and items purchased to ensure compliance with applicable SHSGP grant guidance and statutory regulations. The monitoring process is designed to assess a recipient agency's compliance with applicable state and federal guidelines. Monitoring is accomplished utilizing various methods including desk monitoring and on-site visits. There are two primary areas reviewed during monitoring activities -financial and programmatic monitoring. Financial monitoring is the review of records associated with the purchase and disposition of property, projects and contracts. Programmatic monitoring is the observation of equipment purchased, protocols and other associated records. Various levels of financial and programmatic review may be accomplished during this process. Desk monitoring is the review of projects, financial activity and technical assistance between FDEM 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. Frequency of annual monitoring activity: Each year the FDEM will conduct monitoring for up to 50% of their sub-grantees. It is important to note that although a given grant has been closed, it is still subject to either desk or on-site monitoring for a five year period following closure. Areas that will be examined include: Management and administrative procedures; Grant folder maintenance; 50 108 Equipment accountability and sub-hand receipt procedures; Program for obsolescence; Status of equipment purchases; Status of training for purchased equipment; Status and number of response trainings conducted to include number trained; Status and number of exercises; Status of planning activity; Anticipated projected completion; Difficulties encountered in completing projects; Agency NIMS/ICS compliance documentation; Equal Employment Opportunity (EEO Status); Procurement Policy FDEM may request additional monitoring/information if the activity, or lack there of, generates questions from the region, the sponsoring agency or FDEM leadership. The method of gathering this information will be determined on a case-by-case basis. Desk monitoring is an on-going process. Recipients will be required to participate in desk top monitoring on an annual basis and as determined by the FDEM. This contact will provide an opportunity to identify the need for technical assistance (TA) and/or a site visit if the FDEM determines that a recipient is having difficulty completing their project. As difficulties/deficiencies are identified, the respective region or sponsoring agency will be notified by the program office via email. Information will include the grant recipient agency name, year and project description and the nature of the issue in question. Many of the issues that arise may be resolved at the regional or sponsoring agency level. Issues that require further TA will be referred to the FDEM for assistance. Examples of TA include but are not limited to: .-Equipment selection or available vendors 4-Eligibility of items or services 4-Coordination and partnership with other agencies within or outside the region or discipline 51 109 4-Record Keeping 4-Reporting Requirements 4-Documentation in support of a Request for Reimbursement On-Site Monitoring will be conducted by the FDEM or designated personnel. On-site Monitoring visits will be scheduled in advance with the recipient agency POC designated in the grant agreement. The FDEM will also conduct coordinated financial and grant file monitoring. These monitoring visits will be coordinated with the capability review visits. Subject matter experts from other agencies within the region or state may be called upon to assist in the form of a peer review as needed. All findings related to the capability review will be documented and maintained within the FDEM. On-site Monitoring Protocol On-site Monitoring Visits will begin with those grantees that are currently spending or have completed spending for that federal fiscal year (FFY). Site visits may be combined when geographically convenient. There is a financial and programmatic on-site monitoring checklist to assist in the completion of all required tasks. Site Visit Preparation A letter will be sent to the recipient agency Point of Contact (POC) outlining the date, time and purpose of the site visit before the planned arrival date. The appointment should be confirmed with the grantee in writing (email is acceptable) and documented in the grantee folder. The physical location of any equipment located at an alternate site should be confirmed with a representative from that location and the address should be documented in the grantee folder before the site visit. 52 110 On-Site Monitoring Visit Once FDEM personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site visit and the items FDEM intends to examine will be identified. If financial monitoring visit will be conducted, they will then explain their objectives and will proceed to perform the financial review. FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a tour/visual/spot inspection of equipment will be conducted. Each item should be visually inspected whenever possible. Bigger items(computers, response vehicles, etc.)should have an asset decal (information/serial number) placed in a prominent location on each piece of equipment as per recipient agency requirements. The serial number should correspond with the appropriate receipt to confirm purchase. Photographs should be taken of the equipment(large capital expenditures in excess of$1,000. per item). If an item is not available(being used during time of the site visit), the appropriate documentation must be provided to account for that particular piece of equipment. Once the tour/visual/spot inspection of equipment has been completed, the FDEM personnel will then conduct an exit conference with the grantee to review the findings. Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment voucher/reimbursement, equipment, questions, etc. Post Monitoring Visit FDEM personnel will review the on-site monitoring review worksheets and backup documentation as a team and discuss the events of the on-site monitoring. Within 30 calendar days of the site visit, a monitoring report will be generated and sent to the grantee explaining any issues and corrective actions required or recommendations. Should no issues or findings be identified, a monitoring report to that effect will be generated and sent to the grantee. The grantee will submit a Corrective Action Plan within a timeframe as determined by the FDEM. Noncompliance on behalf of sub-grantees is resolved by management under the terms of the Sub grant Agreement. The On-Site Monitoring Worksheets, the monitoring report and all back up documentation will then be included in the grantee's file. 53 111 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Joseph A. Baird, County Administrator \� THROUGH: John King, Director 1 Department of Emerge c Services FROM: Rachel Ivey, Emergency Management Planner Department of Emergency Services DATE: January 5, 2015 SUBJECT: Acceptance and Approval of Expenditures of the 2014/2015 Federally-Funded Community Emergency Response Team (CERT) sub-grant# 15-CI-XX-XX-XX- XX-XXX 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: Citizen Corps and Community Emergency Response Team (CERT) Program - The Citizen Corps/CERT mission is to bring community and government leaders together to coordinate the involvement of community volunteers and organizations in emergency preparedness, planning, mitigation, response, and recovery. 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 is used to establish and sustain the Indian River County CERT volunteer program through Indian River County Emergency Management. FUNDING: This is a 100%federally funded sub-grant expenditure request consistent with the Florida Division of Emergency Management directives. The Term of the Agreement is from begins upon execution by both parties and ends on September 30, 2015. An in-kind match is required from Indian River County which is fulfilled with items such as donated equipment and volunteer hours. No Additional funding is required. Item Amount Account Number 1. Equipment Activities $4,261.00 00120825-035290-15804 2. Training Activities $1,200.00 00120825-033490-15804 Total $5,461.00 112 RECOMMENDATION: Staff recommends acceptance and approval of expenditures as directed in the Federally Funded Sub-grant Agreements. The state recognizes line-item changes may occur after execution of the contract(i.e. due to cost savings or reprioritization by the FDEM), with their written approval. For these reasons, staff requests authorization to make these adjustments rather than return the funding for reallocation to other counties. ATTACHMENTS: 1. Four(4) Original Copies of Agreement#15-CI-XX-XX-XX-XX-XXX 2. Indian River County Office of Budget and Management Grant Form APPROVED FOR AGENDA Indian River Co. pr " Date 5 FOR: January 13, 2015 Legal Budget i 7 V Dept. BY: Risk Mgr. Joseph . Baird r-Dy-tS County Administrator General Svcs. 113 GRANT NAME: Community Emergency Response Team(CERT)Grant GRANT# 15-CI-XX-XX-XX-XX-XXX AMOUNT OF GRANT:$ 5.461.00 DEPARTMENT RECEIVING GRANT: Emergency Services CONTACT PERSON: John King PHONE NUMBER: 226-3859 1. How long is the grant for? 9 months Starting Date: January 13,2015 (Ul2on Execution of rant 2. Does the grant require you to fund this function atter the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes,does the grant allow the match to be In Kind Services? Yes No 4. Percentage of match N/A 0% 5. Grant match amount required$ Yes 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 neededplase 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 012.12 Retirement-Contributions N/A 012.13 Insurance-Life&Health N/A 012.14 Worker=s Compensation N/A 10 012.17 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 Total First Year $5,461.00 $ N/A $ N/A $5,461.00 Second Year $ N/A $ $ $ N/A Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ IF $ $ $ /' . , Signature of Preparer: kM _ Date: January 5.2015 r , 114 Agreement Number: 15-CI... CFDA#: 97.042 FEDERALLY-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 Emergency Management, (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 Budget and Scope of Work, Attachment A 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 E. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end on September 30, 2015, 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 OMB Circular No. A-102, "Common Rule: Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost 1 115 Principles for State, Local and Indian Tribal Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Non-profit Organizations." (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. (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 Program Budget and Scope of Work -Attachment A and Attachment B -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. 2 116 (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 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 OMB Circular A-133, as revised. 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 OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, 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 Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, 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 OMB Circular A-133, 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 OMB Circular A-133, as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A-133, as revised, 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 Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at http://harvester.census.gov/fac/collect/ddeindex.htmi And to any other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall send a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, 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 3 117 (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 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. (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 OMB Circular A-133 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 fifteen (15) 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 March 31, June 30, September 30 and December 31. (c) The close-out report is due thirty (30) days after termination of this Agreement or thirty (30) 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 D. 4 118 (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 B 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.- 5 ayment:5 119 (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. Requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. Issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. Advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. Requiring 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. 6 120 (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. (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 dai nages 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: Virginia Hughes Division of Emergency Management 2555 Shumard Oak Boulevard Telephone: 850-413-9938 Email: virginia.hughes@em.myflorida.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: John King 4225 43rd Ave. Vero Beach,FL 32967-1671 Telephone: 772-567-2154 7 121 Fax: 772-567-9323 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 paragraph (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 Deliverables Attachment D— Reports Attachment E— Program Statutes, Regulations and Special Conditions Attachment F—Justification of Advance Payment Attachment G—Warranties and Representations Attachment H —Certification Regarding Debarment Attachment I -- Statement of Assurances Attachment J — Reimbursement Checklist 8 122 (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 $5,461, 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 may be 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 F. Attachment F 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 and Attachment B 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 compiy with the documentation 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. (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 shall be mailed directly to the following address: 9 123 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 sea.), 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. 10 124 (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 H) 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. (j) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (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. l ] 125 (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 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. 12 126 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. (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 I. 13 127 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RECIPIENT: Indian River County Emergency Management By: Name and Title: Wesley S. Davis, Chairman Date: January 13, 2015 FID# 59-6000674 DUNS# 079208989 Include a copy of the designation of authority for the signatory, if applicable. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Date: Attest: Jeffrey R. Smith, Clerk of APPROVED Court and Comptroller By: Deputy Clerk 0 y A minis Tatar A PPR0VED A TC 14 128 EXHIBIT— 1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency: U.S. Department of Homeland Security, Federal Emergency Management Agency, Grants Programs Directorate Catalog of Federal Domestic Assistance title and number: Emergency Management Performance Grant(EMPG) Program 97.042 Award amount: $ 5,461 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 (Code of Federal Regulations) Part 13 (Common Rule) 44 CFR, Part 302 48 CFR, Part 31 OMB Circular A-21, A-102, A-110, A-122, A-128, A-87 and A-133 Federal Program: Emergency Management Performance Grant(EMPG) Program List applicable compliance requirements as follows: 1. Recipient is to use funding to perform eligible activities as identified FY2014 Department of Homeland Security Funding Opportunity Announcement. 2. Recipient is subject to all administrative and financial requirements as set forth in this Agreement or will not be in compliant with the terms of the Agreement. NOTE: Section .400(d) of OMB Circular A-133, as revised, 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. 15 129 ATTACHMENT A PROGRAM BUDGET • Below is a general budget outlining eligible categories and their allocation under this award. The Recipient is to utilize the "Proposed Program Budget" as a guide for completing the Deliverables on Attachment C. • Funding from the Emergency Management Performance Grant is intended for use by the Recipient to perform eligible activities as identified in the Department of Homeland Security, Federal Emergency Management Agency, Fiscal Year 2014 Emergency Management Performance Grants Program and programs that are consistent with Title 44, Code of Regulations (CFR) Part 13, State Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes). k� t ,. Planning Expenditures FY 2014— Emergency Training Expenditures Management Performance Indian River County EM 13200.00 Grants Program —CERT EO Number# N2 Exercise Expenditures Equipment Expenditures 4)261 .00 , 16 130 Developing hazard/threat-specific annexes that incorporate the range of prevention, protection,response,and recovery activities. Developing and implementing homeland security support programs and adopting ongoing DHS national initiatives. Developing related terrorism prevention activities. Developing and enhancing plans and protocols. Developing or conducting assessments. Hiring of full or part-time staff or contractors/consultants to assist with planning activities(not for the purpose of hiring public safety personnel fulfilling traditional public safety duties). Identifying resources for medical supplies necessary to support children during an emergency,including pharmaceuticals and pediatric-sized equipment on which first responders and medical providers are trained. Developing and implementing a community preparedness strategy for the State/local jurisdiction. Travel/per diem related to planning activities. Overtime and backfill costs(in accordance with operational Cost Guidance). Establishing,expanding,and maintaining volunteer programs and volunteer recruitment efforts that support disaster preparedness and/or response. Issuance of WHTI-compliant tribal identification cards(SHSP only) Activities to achieve planning inclusive of people with disabilities. Developing, Delivering,and Evaluating Training 7 Overtime and backfill for emergency preparedness and response personnel attending FEMA-sponsored and approved training classes. Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in FEMA training. Training Workshops and Conferences Activities to achieve training inclusive of people with disabilities Full or Part-Time Staff or Contractors/Consultants Certification/Recertification of Instructors Travel Supplies Tuition for higher education 17 131 Other items Design, Develop,Conduct and Evaluate an Exercise Exercise Planning Workshop-Grant funds may be used to plan and conduct an Exercise Planning Workshop to include costs related to planning,meeting space and other meeting costs,facilitation costs, materials and supplies,travel and exercise plan development. Full or Part-Time Staff or Contractors/Consultants-Full or part-time staff may be hired to support exercise-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s)of government and have the approval of the state or the awarding agency,whichever is applicable.The services of contractors/consultants may also be procured to support the design, development,conduct and evaluation of CBRNE exercises.The applicant's formal written procurement policy or the Federal Acquisition Regulations(FAR)must be followed. Overtime and backfill costs—Overtime and backfill costs,including expenses for part-time and volunteer emergency response personnel participating in FEMA exercises Implementation of HSEEP Activities to achieve exercises inclusive of people with disabilities Travel-Travel costs(i.e.,airfare,mileage,per diem, hotel,etc.)are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise project(s).These costs must be in accordance with state law as highlighted in the OJP Financial Guide. States must also follow state regulations regarding travel. If a state or territory does not have a travel policy they must follow federal guidelines and rates,as explained in the OJP Financial Guide.For further information on federal law pertaining to travel costs please refer to hftp://www.oio.usdoi.00v/FinGuide. Supplies-Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s)(e.g., copying paper,gloves,tape,non-sterile masks,and disposable protective equipment). Other Items-These costs include the rental of space/locations for exercise planning and conduct,exercise signs,badges,etc. Eligible Equipment Acquisition Costs The table below highlights the allowable equipment categories for this award. A comprehensive listing of these allowable equipment categories,and specific equipment eligible under each category, are Quantity Unit Cost Total Cost listed on the web-based version of the Authorized Equipment List(AEL) on the Lessons Learned Information System at http://llis.ciov/. Here is where you will find the appropriate AEL number for the equipment you plan to purchase. Personal protective equipment 4.26100 e.g., 1.12.2.1,Covers,Outer Footwear 18 132 Explosive device mitigation and remediation equipment CBRNE operational search and rescue equipment Information technology Cyber security enhancement equipment Interoperable communications equipment Detection Equipment Decontamination Equipment (HSGP only) Medical supplies Power equipment CBRNE reference materials CBRNE incident response vehicles Terrorism incident prevention equipment Physical security enhancement equipment Inspection and Screening systems Agriculture Terrorism Prevention, Response,and Mitigation Equipment (HSGP only) CBRNE Prevention and Response watercraft CBRNE Aviation Equipment CBRNE logistical support equipment Intervention equipment Public Alert and Warning Equipment Disability Access and Functional Needs 19 133 ATTACHMENT B SCOPE OF WORK Funding is provided to perform eligible activities as identified in the Emergency Management Performance Grants (EMPG) Program Funding Opportunity Announcement(FOA). The intent of this Agreement is to complete the following allowable activities: I. EO and Project Description EO N2—Citizen Corps and Community Emergency Response Team (CERT) Program — The Citizen Corps mission is to bring community and government leaders together to coordinate the involvement of community members and organizations in emergency preparedness, planning, mitigation, response, and recovery. The FY 2014 Citizen Corps Program (CCP) funds provide resources for States and local communities to: • Bring together the appropriate leadership to form and sustain a Citizen Corps Council • Develop plans, such as emergency operations plans (EOP) to achieve and expand citizen preparedness and participation • Conduct public education and outreach • Ensure clear, timely, and accessible alerts/warnings and emergency communications with the public • Develop training programs for the public, including special needs populations, for both all- hazards preparedness and volunteer responsibilities • Facilitate citizen participation in exercises • Implement volunteer programs and activities to support emergency responders • Involve citizens in surge capacity roles and responsibilities during an incident in alignment with the Emergency Support Functions and Annexes • Conduct evaluations of programs and activities II. Categories and Eligible Activities Eligible activities are outlined in the Scope of Work for each category below. FY 2014 EMPG allowable costs are divided into the following categories: • Planning • Training • Exercise • Equipment Each category's allowable costs have been listed below. Eligible activities should support the above approved projects. A. Planning Planning spans all five National Preparedness Goal (the Goal) mission areas and provides a baseline for determining potential threats and hazards, required capabilities, required resources, and 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. 20 134 To meet this important objective, EMPG funds may be used to support the following: • Establishing and sustaining bodies to serve as Citizen Corps Councils • Assuring that State and local government homeland security strategies, policies, guidance, plans, and evaluations include a greater emphasis on government/non- governmental collaboration, citizen preparedness, and volunteer participation • Developing/enhancing emergency management and operations plans to integrate citizen/volunteer and other non-governmental organization resources and participation. • Community-based planning to advance "whole community" security and emergency management. • Developing and implementing a community preparedness strategy for the State/local jurisdiction • Developing or reproducing accessible public education and outreach materials to: increase citizen preparedness and knowledge of protective actions(to include the national Ready Campaign materials); promote training, exercise, and volunteer opportunities; and inform the public about emergency plans, evacuation routes, shelter locations, and public alerts/warnings • All public education and outreach materials must include the national or jurisdiction's Citizen Corps logo, tagline or website or the Ready logo, tagline, or website and comply with logo standards. For more information go to http:lAvww.citizencorps.gov. In addition, all public education and outreach materials should incorporate special needs considerations, to include language, content, and method of communication • Allowable expenditures include: • Media campaigns: Public Service Announcements (PSAs), camera- ready materials, website support, and newsletters • Outreach activities and public events: Booth displays, event backdrops or signs, displays and demonstrations, utilizing translation services, and informational materials such as brochures/flyers • Costs associated with inclusive practices and the provision of reasonable accommodations and modifications to provide full access for children and adults with disabilities. • Establishing, expanding, and maintaining volunteer programs and volunteer recruitment efforts that support disaster preparedness and/or response. • Citizen support for emergency responders is critical through year-round volunteer programs and as surge capacity in disaster response. Citizen Corps funding may be used to establish, enhance or expand volunteer programs and volunteer recruitment efforts for Neighborhood Watch/USAonWatch, Community Emergency Response Teams (CERT), Volunteers in Police Service (YIPS), Medical Reserve Corps (MRC), and Fire Corps; for the Citizen Corps Affiliate Programs and Organizations; and for jurisdiction specific volunteer efforts. • Allowable expenditures include: • Recruiting, screening, and training volunteers (e.g. background checks) • Retaining, recognizing, and motivating volunteers • Purchasing, maintaining, or subscribing to a system to track volunteers (to include identification and credentialing systems, and to track volunteer hours) and other available resources in compliance with applicable privacy laws. • Necessary non-structural accommodations to include persons with programmatic and communications access needs (e.g., sign language interpreters. Computer Assisted Realtime Translation (CART) and other 21 135 modifications of policies and practices to fully include volunteers with disabilities) • Evaluating volunteers B. Training Training funded through the CCP includes but is not limited to: all-hazards safety, such as emergency preparedness, basic first aid, life saving skills, crime prevention and terrorism awareness, school preparedness, public health issues, mitigation/property damage prevention, safety in the home, light search and rescue skills, principles of NIMS/ICS, community relations, volunteer management, serving people with disabilities, pet care preparedness, any training necessary to participate in volunteer activities, any training necessary to fulfill surge capacity roles, or other training that promotes individual, family, or community safety and preparedness. There is no cap on the number of deliveries State or local jurisdictions may conduct of non- responder community based workshops, seminars, demonstrations, or conferences. Examples include; CPR/AED training, identity theft workshops, terrorism awareness seminars, chain-saw safety demonstrations, and disability-inclusive community preparedness conferences. Funding for CERT training includes the delivery of the CERT Basic Training Course, supplemental training for CERT members who have completed the basic training, and the CERT Train-the-Trainer Course, and the CERT Program Manager Course. Any CERT Basic training conducted by State or local entities must: 1) include the topics covered in the FEMA CERT Basic Training Course; 2) be instructor-led; and 3) and classroom-based, using lecture, demonstration, and hands-on practice throughout. Note that the Independent Study course, "Introduction to CERT' (IS 317) must not be substituted for classroom delivery of CERT basic training. Supplemental training for CERT members who have completed the basic training includes modules available on the national CERT website, as well as other supplemental training that meets the following criteria: • Relates to a reasonably foreseeable activity CERT members might be tasked to perform in support of emergency services responders; or. • Increases competency and understanding of the emergency management context in which CERT members may be asked to operate; or • Enhances understanding of a particular local hazard CERT members might encounter in their response activities There is no cap on the number of deliveries State or local jurisdictions may conduct of the CERT Basic Training, the CERT Train-the-Trainer, Campus CERT Train-the-Trainer, Teen CERT Train-the-Trainer, or CERT Program Manager courses, or supplemental/advanced training for CERT program participants. Any training supported with these CCP funds should be delivered with specific consideration to include all ages, ethnic and cultural groups, persons with disabilities, and access and functional needs populations at venues throughout the community, to include schools, neighborhoods, places of worship, the private sector, non-governmental organizations, and government locations. Expenditures to provide necessary non-structural accommodations for persons with disabilities and other access and functional needs is allowable (e.g., sign language interpreters, CART and other modifications of policies and practices to fully include participants with disabilities). Jurisdictions are also encouraged to 22 136 leverage existing training provided via educational/professional facilities and to incorporate non-traditional methodologies such as the Internet, distance learning, or home study whenever such delivery supports training objectives. Pilot courses and innovative approaches to training citizens and instructors are encouraged. EMPG Program funds used for training should 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 at.http://www.fema.gov/pdf/emergency/nims/nims traininq program pdf/ Allowable Training Costs Allowable training-related costs include, but are not limited to, the following: o Funds Used to Develop, Deliver, and Evaluate Training. Includes costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, disability accommodations 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. o 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. o 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. o Certification/Recertification of Instructors Cost 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 that involve training of trainers. FDEM State Training Office conditions: For the purposes of this Agreement, any training course listed on the DHS approved course catalog qualifies as an authorized course. The Recipient can successfully complete an authorized course either by attending or conducting that course. • In order to receive payment for successfully attending an authorized training course, the Recipient must provide the Division with a certificate of course completion; additionally, the Recipient must provide the Division with all receipts that document the costs incurred by the Recipient in order to attend the course. • In order the receive payment for successfully conducting an authorized course, the Recipient must provide the Division with the course materials and a roster sign-in sheet; additionally, the Recipient must provide the Division with all receipts that document the costs incurred by the Recipient in order to conduct the course." 23 137 • For courses that are non-DHS approved training, recipient must request approval to conduct training through the use of the Non-TED Form and provide a copy, along with email, showing approval granted for conduct. • For the conduct of training workshops, recipient must provide a copy of the course materials and sign-in sheets. • The number of participants must be a minimum of 15 in order to justify the cost of holding a course. For questions regarding adequate number of participants please contact the FDEM State Training Officer for course specific guidance. Unless the recipient receives advance written approval from the State Training Officer for the number of participants, then the Division will reduce the amount authorized for reimbursement on a pro-rata basis for any training with less than 15 participants. C. Procurement All procurement transactions will be conducted in a manner providing full and open competition and shall comply with the standards articulated in: • 44 Code of Federal Regulation, Section 13.36; • Chapter 287, Florida Statues; and, • any local procurement policy. To the extent that one standard is more stringent than another, then the subgrantee must follow the more stringent standard. For example, if a State statute imposes a stricter requirement than a Federal regulation, then the subgrantee must adhere to the requirements of the State statute. The Division shall pre-approve all scopes of work for projects funded under this agreement. Additionally, the subgrantee shall not execute a piggy-back contract unless the Division has approved the scope of work contained in the original contract that forms the basis for the piggy-back contract. Also, in order to receive reimbursement from the Division, the subgrantee must provide the Division with a suspension and debarment form for each vendor that performed work under the agreement. Furthermore, if requested by the Division, the subgrantee shall provide copies of solicitation documents including responses and justification of vendor selection. D. Piggy-backing The practice of procurement by one agency using the agreement of another agency is called piggybacking. The ability to piggyback onto an existing contract is not unlimited. 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 scope or 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. Section 215.971, Florida Statutes Statutory changes enacted by the Legislature impose additional requirements on grant and subgrant agreements funded with Federal or State financial assistance. In pertinent part, Section 215.971(1) states: 24 138 (1)An agency agreement that provides state financial assistance to a recipient or subrecipient, as those terms are defined in s. 215.97, or that provides federal financial assistance to a subrecipient, as defined by applicable United States Office of Management and Budget circulars, must include all of the following.- (a) ollowing:(a)A provision specifying a scope of work that clearly establishes the tasks that the recipient or subrecipient is required to perform. (b)A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the agency before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. (c)A provision specifying the financial consequences that apply if the recipient or subrecipient fails to perform the minimum level of service required by the agreement. The provision can be excluded from the agreement only if financial consequences are prohibited by the federal agency awarding the grant. Funds refunded to a state agency from a recipient or subrecipient for failure to perform as required under the agreement may be expended only in direct support of the program from which the agreement originated. (d)A provision specifying that a recipient or subrecipient of federal or state financial assistance may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. (e)A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the state agency. (f)A provision specifying that any funds paid in excess of the amount to which the recipient or subrecipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. (g)Any additional information required pursuant to s. 215.97. Failure to comply Failure to comply with any of the provisions outlined above shall result in disallowance of reimbursement for expenditures. E. Exercises Exercises specifically designed for or that include participation from non-governmental entities and the general public are allowable activities and may include testing public warning systems, evacuation/shelter in-place capabilities, family/school/business preparedness, and participating in table-top or full scale emergency responder exercises at the local, State, tribal, territorial, or national level, to include the National Level Exercises. Grantees are encouraged to develop exercises that test their SOPs/SOGs in accordance with the FY 2014 Priority requirements. Allowable exercise-related costs include: 25 139 • Funds Used to Design, Develop, Conduct, and Evaluate an Exercise— 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 exercise-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 the awarding agency, whichever is applicable. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of exercises. In no case is dual compensation allowable. • Travel—Travel costs are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of exercise project(s) or HSEEP programmatic requirements as described in the HSEEP website (e.g., Improvement Plan Workshops, Training and Exercise Plan). • Supplies— Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., copying paper, gloves, tape, non-sterile masks, and disposable protective equipment). • Disability Accommodations - Materials, services, tools and equipment for exercising inclusive of people with disabilities (physical, programmatic and communications access for people with physical, sensory, mental health, intellectual and cognitive disabilities). • Other Items —These costs include the rental of equipment(e.g., portable toilets, tents), food, gasoline, exercise signs, badges, etc. 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). • 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 Exercise Requirements Exercises conducted with grant funds should evaluate performance of capability targets, established through the development of a jurisdiction's THIRA for the core capabilities needed to address their greatest risk. Exercise priorities should align to a current, Multi-Year TEP developed through an annual TEPW. All exercises using grant funds must be NIMS compliant. More information is available online at the NIMS Integration Center, http://Www.fema.aov/emergencylnimslindex.shtm. Where applicable, the Training and Exercise Plans should include training and exercises that support specialized programs, such as the Regional Catastrophic Preparedness Grant Program. 26 140 • Exercises should evaluate performance of the objectives and capabilities required to respond to the exercise scenario. Guidance related to exercise evaluation and improvement planning is defined in the Homeland Security Exercise and Evaluation Program located at hftps://www.ilis.dhs.gov/hseep. • Non-governmental participation in all levels of exercises is strongly encouraged. Leaders from nongovernmental entities should be included in the planning, conduct, and evaluation of an exercise. State, local, tribal, and territorial jurisdictions are encouraged to develop exercises that test the integration and use of non- governmental resources provided by non-governmental entities, defined as the private sector and private non-profit, faith-based, community, volunteer, and other non-governmental organizations. • Non-governmental participation in exercises should be coordinated with the local Citizen Corps Council(s) and other partner agencies. The scenarios used in EMPG funded exercises must focus on validating existing capabilities, must comply with and be large enough in scope and sixe to exercise multiple activities and warrant involvement from multiple jurisdictions and disciplines and non-governmental organizations, and take into account the needs and requirements for individuals with disabilities. FDEM State Training Office conditions for Exercises: For the purposes of this Agreement, any exercise which is compliant with HSEEP standards and contained in the State of Florida (and County or Regional) MYTEP qualifies as an authorized exercise. The Recipient can successfully complete an authorized exercise either by attending or conducting that exercise. • In order to receive payment for successfully attending an authorized exercise, the Recipient must provide the Division with a certificate of completion or similar correspondence signed by the individual in charge of the exercise; additionally, the Recipient must provide the Division with all receipts that document the costs incurred by the Recipient in order to attend the exercise. • In order the receive payment for successfully conducting an authorized exercise, the Recipient must provide the Division with an EXPLAN, AAR/IP, IPC/MPC/FPC Meeting Minutes and Sign-in Sheet for exercise attendees; additionally, the Recipient must provide the Division with all receipts that document the costs incurred by the Recipient in order to conduct the exercise. The Recipient must include with the reimbursement package a separate copy of the page(s) from the Exercise Plan which identifies the participant agencies and a printed page(s) from the State (and County or Regional) MYTEP reflecting the exercise. • If you require food/water for this event, request must come to the Division within 25 days of 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: 27 141 • The scenarios used in grant funded exercises must be based on the State/Urban Area's THIRA. The scenarios used in grant funded exercises must focus on testing capabilities, must be large enough in scope and size to exercise multiple activities and warrant involvement from multiple disciplines and/or jurisdictions and non-governmental organizations, and take into account the needs and requirements for individuals with disabilities. Exercise scenarios should align with priorities and capabilities identified in the Multi-year Training and Exercise Plan. Federally funded projects must be competitively solicited offering open competition. No piggy-backing off existing agreements is allowed. Each award under this grant is a 'new' project and must be competitively bid. FDEM will require suspension and debarment forms for each vendor, copies of solicitation documents and responses, and justification of vendor selection at its discretion. FDEM must pre-approve all scopes of work for projects funded under this agreement. F. Equipment States and Urban Areas are encouraged to fully leverage all EMPG resources for equipment to support volunteer personnel in preparedness and response. All allowable equipment costs are listed on the web-based version of the Authorized Equipment List on the Lessons Learned Information Sharing site available at https.//www.Ilis.dhs.govlknowledgebase. Any equipment purchased with CCP funding must be used for specific preparedness or volunteer training or by volunteers in carrying out their response functions. Examples of equipment used to support training and exercises for citizens include items such as burn pans or sample preparedness kits. Expenditures for kits used in volunteer response (e.g., CERT, or MRC kits/ backpacks) or clothing for official identification must not exceed 30 percent of the total Citizen Corps Program allocation. Clothing for official identification includes those items that volunteers are required to wear when engaging in public safety activities or disaster response (e.g., t-shirts for CERT members, baseball caps for Neighborhood Watch/USAonWatch Program foot patrol members). To assure appropriate and consistent use, such clothing items must be issued by the agency that trains the volunteers. CCP supported volunteer programs and assets, which are authorized to deploy in response and recovery operations, must meet the minimum training and equipment requirements, as determined by the national program office in coordination with the sponsoring State/territory. Necessary accommodations that meet the disability related access and functional needs of participants should be provided. 1. Program Requirements The following are required items to be provided to participate under the CERT Sub-grant: (NOTE: Special exemption can be granted by the State Citizen Corps/CERT office.) A. PPE Equipment that shall include: • Hard hat • Protective Eyewear • Dust Mask • ID Tag • HEPA Mask 28 142 • Tape • Light Stick • Latex, or Nitrate Gloves • Marking Caulk, or Crayon • Signal Whistle • Flashlight(simple) • Bag/Backpack • Reflective Vest • Cardboard, or simple splint • Work Gloves • Disaster medical care items for at least 3 victims such as gauze, triangles, etc. B. Participant manuals. C. Standard Operating Procedures (SOPs)/Standard Operating Guidelines (SOGs). D. Certificates. E. CERT trainings and events should be posted on the National Citizen Corps Calendar Website, SERT Trac State Calendar and approved by the State Citizen Corps/CERT office. The following are required items for the CERT Basic Training Course to be taught under this sub- grant: 1. Use of the full FEMA/EMI/FDEM CERT Basic Training Course G317, (Including the terrorism module and showing the Sheltering-In-Place Video (DVD); 2. Use of a G428 CERT Train-the-Trainer(TTT) qualified individual (FEMA/FDEM graduate of the CERT TTT, or Trainer Course) as Program Manager, course manager, or lead instructor; 3. Use of a G427 qualified individual (FEMA/FDEM graduate of the CERT TTT, or Trainer Course) as Program Manager; and 4. Use of an adequate training facility. It is the responsibility of the applicant to arrange and compensate course managers for CERT trainings and course rnanuals. Tracking and reporting the number of trained CERT volunteers is not only a State of Florida priority, but also a DHS/ODP priority. It is required to have a database to track the number of trained volunteers, as well as someone, to monitor/enter data to such a database. Required Quarterly Reports will be due as indicated in the signed agreement, or separate schedule. The Quarterly Report should include more extended training data, explanation on the expenditure of funds during the quarter and any CERT activities that took place. FDEM reserves the right to change quarterly reporting due dates when to do so would be in the best interest of the State of Florida. Citizen Corps/CERT programs must comply with the DHS requirement of NIMS compliancy. A letter from your County Emergency Management or your sponsoring agency indicating compliance with NIMS requirements must be completed by the deadline outlined in the contract. G. Cost share guidance-types of match • Cash (hard) match includes non-Federal cash spent for project-related costs, according to the program guidance. Allowable cash match must only include those costs which are in compliance with 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal 29 143 Governments(OMB Circular A-87) and 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. • In-kind (soft) match includes, but is not limited to, the valuation of in-kind services. "In-kind" is the value of something received or provided that does not have a cost associated with it. For example, if in-kind match (other than cash payments) is permitted, then the value of donated services could be used to comply with the match requirement. Also, third party in-kind contributions may count toward satisfying match requirements provided the grantee receiving the contributions expends them as allowable costs in compliance with 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments (OMB Circular A-87) and 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. H. Monitoring Monitoring shall be accomplished through a desk-based review or on-site visit. 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. • 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 is an actual visit to the recipient agency 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. I. Environmental Planning & Historic Preservation (EHP) Compliance Guidelines Recipients must comply with all applicable EHP laws, regulations, and Executive Orders (EOs) in order to draw down their FY 2014 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 Grant 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 (located at http://www.fema.gov/government/grantlbulletins/index.shtm) 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; 30 144 • 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; and/or • 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.C. §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 http://www.fema.gov/pdf/government/grant/bulletins/info329.pdf; • Information Bulletin 345, Programmatic Environmental Assessment, available at http://www.fema.gov/pdf/government/grant/bulletins/info345.pdf; and • Information Bulletin 356, EHP Screening Form, available at http://www.fema.gov/pdf/government/grant/bulletins/info356.pd . J. Construction and Renovation Construction and renovation projects for a State, local, territorial, or tribal government's principal Emergency Operations Center(EOC) as defined by the SAA are allowable under the EMPG Program. 31 145 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 (available through ND grants) to their Grant Program Manager for review. 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 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 C.F.R. §§ 10.8 and 10.9, must also be identified to the FEMA Regional Program Manager 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 Grant Program Manager. 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://Www.dol.govlcompliancellaws/comp-dbra.htm. K. 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. Additional guidance is provided in FEMA Policy FP 205-402-125-1, Maintenance Contracts and Warranty Coverage Funded by Preparedness Grants, located at: http://www.fema.gov/media- library/assets/documents/32474. L. Unallowable costs Unallowable costs include, but shall not be limited to: • 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; or 32 146 • Activities unrelated to the completion and implementation of the EMPG Program. In general, recipients should consult with their Grant 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. 33 147 ATTACHMENT C PROGRAM BUDGET DELIVERABLES Citizen Corp/CERT funding is intended only to be used for specific preparedness or volunteer training or by trained volunteers in carrying out response functions. Program educates people about disaster preparedness for hazards that may impact their area and trains them in basic disaster response skills, such as fire safety, light search and rescue, team organization, and disaster medical operations. Using the training learned in the classroom and during exercises, CERT members can assist others in their neighborhood or workplace following an event when professional responders are not immediately available to help. CERT members also are encouraged to support emergency response agencies by taking a more active role in emergency preparedness projects in their community. Activities funded under these projects must meet the allow ability requirements of Emergency Performance Grant Program (EMPG). Planning Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient for the actual cost of successfully completing a planning initiative listed on Attachment B of this agreement or those items listed in the on the Appendix B of FY2014 DHS/FOA which list the EMPG allowable costs http://www.fema.gov/media-library/assets/documents/92248. Training Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient for the actual cost of successfully completing a training course listed on the Department of Homeland Security (DHS) approved course catalog. The catalog is available online at: http:Htraining.fema.gov/. For the purposes of this Agreement, any training course listed on the DHS approved course catalog qualifies as an authorized course. The Recipient can successfully complete an authorized course either by attending or conducting that course. For non-DHS courses, the recipient shall obtain advance written approval from FDEM by means of the Non-TED form by contacting the grant manager. Exercise Deliverables: Subject to funding limitations of this Agreement, the Division shall reimbursement the Recipient for the actual cost of successfully completing an exercise which meets the Department of Homeland Security Exercise and Evaluation Program (HSEEP) Standards and is listed in the A) State, and B) County or C) Regional Training and Exercise Plan (TEP) in which the recipient is geographically located. Information related to TEPs and HSEEP compliance can be found online at: http//www.II is.dhs.gov/hseep. For the purposes of this Agreement, any exercise which is compliant with HSEEP standards and contained in the State of Florida (and County or Regional) MYTEP qualifies as an authorized exercise. The Recipient can successfully complete an authorized exercise either by attending or conducting that exercise. Equipment Deliverable: Subject to the funding limitations of this Agreement, the Division shall reimburse the Recipient for the actual cost of purchasing an item identified in the approved project funding template and budget of this agreement and listed on the DHS Authorized Equipment List(AEL). For the purposes of this Agreement, any item listed on the AEL qualifies as an authorized item. The 21 allowable prevention, protection, mitigation, response, and recovery equipment categories and equipment standards for HSGP are listed on the web-based version of the Authorized Equipment List(AEL) on the Lessons Learned Information System at http://Ilis.gov/. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. 34 148 To receive reimbursement, the Recipient's activities must be completed within the period of performance and in accordance with the Budget and Scope of Work, Attachment A and B of this agreement. ATTACHMENT D REPORTS 1. Quarterly Reporting: The Quarterly Programmatic Report is due within 15 days after the end of the reporting periods (March 31, June 30, September 30 and December 31) for the life of this contract. • If a report(s) is delinquent, future financial reimbursements will be withheld until the Recipient's reporting is current. • If a report goes 2 consecutive quarters without Recipient reflecting any activity and/or no expenditures will likely result in termination of the agreement. Pro rammatic Reporting Schedule Reporting Period Report due to DEM no later than January 1 through March 31 Aril 15 Aril 1 through June 30 July 15 July 1 through September 30 October 15 October 1 through December 31 January 15 2. Reimbursement Requests: Request for reimbursements are required quarterly at a minimum. Request can be sent to your grant manager for review and approval at anytime during the grant period. Reimbursements must be requested within 90 calendar days of expenditure of funds, and quarterly at a minimum. Failure to submit request for reimbursement within 90 calendars of expenditure shall result in denial of reimbursement. The Recipient shall include the category's corresponding line item number in the "Detail of Claims" form. This number can be found in the "Proposed Program Budget". A line item number is to be included for every dollar amount listed in the"Detail of Claims" form. 3. Close-out Programmatic Reporting: The Close-out Report is due to the Florida Division of Emergency Management no later than 45 calendar days after the project is completed or the agreement has expired. 35 149 4. Programmatic Point of Contact Grant Point of Contact Programmatic Point of Contact Virginia Hughes, CCP Coordinator Owen Roach, Programmatic FDEM FDEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (850) 413-9938 (850) 488-3133 virginia.hughes@em.myflorida.com I owen.roach em.m florida.com 5. Contractual Responsibilities • FDEM shall determine eligibility of projects and approve changes in the scope of work. • FDEM shall administer the financial processes. 36 150 ATTACHMENT E PROGRAM STATUTES, REGULATIONS AND SPECIAL CONDITIONS 1) 53 Federal Register 8034 2) 31 U.S.C. §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 applicable to grants and cooperative agreements 13) Omnibus Crime Control and Safe Streets Act of 1968, as amended, 14) 42 USC 3789(d), or Victims of Crime Act (as appropriate); 15) Title VI of the Civil Rights Act of 1964, as amended; 16) Section 504 of the Rehabilitation Act of 1973, as amended; 17) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); 18) Title IX of the Education Amendments of 1972- 19) Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 20) 28 CFR Part 42, Subparts C,D,E, and G 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, (Code of Federal Regulations) Part 13 (Common Rule) 25) 44 CFR, Part 302 26) 48 CFR, Part 31 27) OMB Circular A-2 1, A-102, A-110, A-122, A-128, A-87 and A-133 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 37 151 • 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments • 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (OMB Circular A-110) B. Cost Principles • 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87) 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21) • 2 CFR Part 230, Cost Principles for Non-Profit Organizations (OMB Circular A-122) • Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations C. Audit Requirements • OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations 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. 3. The recipient agrees that all allocations and uses of funds under this grant will be in accordance with the FY 2014 Emergency Management Performance Grants Program Funding Opportunity Announcement. 4. The recipient shall not undertake any project having the potential to impact Environmental or 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. 38 152 39 153 ATTACHMENT F 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 BUDGET CATEGORY/LINE ITEMS 20_-20_Anticipated Expenditures for First Three Months (list applicable line items) of Contract For example 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. Supporting 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). 40 154 ATTACHMENT G 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, and invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offer or 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 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 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 Licensing and Permitting. 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. 41 155 ATTACHMENT H Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion 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 Recipient's Name Name and Title DEM Contract Number Street Address Project Number City, State, Zip Date 42 156 ATTACHMENT I STATEMENT OF ASSURANCES The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-87; 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. 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. 43 157 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. 44 158 ATTACHMENT J REIMBURSEMENT CHECKLIST Please Note: FDEM reserves the right to update this check list throughout the life of the grant to ensure compliance with applicable federal and state rules and regulations. Equipment ❑ 1. Have all invoices been included? ❑ 2. Has an AEL # been identified for each purchase? ❑ 3. If service/warranty expenses are listed, are they only for the performance period of the grant? ❑ 4. Has proof of payment been included? (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P-Card back up documentation which will include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card company for that statement) ❑ 5. If EHP form needed — has copy of it and approval from State/DHS been included? Planning Consultants/Contractors (Note: this applies to contractors also billed under Organization) LJ 1. Does the amount billed by consultant add up correctly? ❑ 2. Has all appropriate documentation to denote hours worked been properly signed? ❑ 3. Have copies of all planning materials and work product (e.g. meeting documents, copies of plans) been included? (If a meeting was held by recipient or contractor/consultant of recipient, an agenda and signup sheet with meeting date must be included). ❑ 4. Has the invoice from consultant/contrator been included? ❑ 5. Has proof of payment been included? (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P-Card back up documentation which will include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card Company for that statement). ❑ 6. Has Attachment H (found within Agreement with FDEM) been completed for this consultant and included in the reimbursement package? Training ❑ 1. Is the course DHS approved? Is there a course or catalog number? If not, has FDEM approved the non-DHS training? Is supporting documentation included your reimbursement request? ❑ 2. Have sign-in sheets, rosters and agenda been provided? ❑ 3. If billing for overtime and/or backfill, has a spreadsheet been provided that lists attendee names, department, # of hours spent at training, hourly rate and total 45 159 amount paid to each attendee? Have print outs from entity's financial system been provided as proof attendees were paid? For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? ❑ 4. Have the names on the sign-in sheets been cross-referenced with the names of the individuals for whom training reimbursement costs are being sought? ❑ 5. Has any expenditures occurred in support of the training (e.g., printing costs, costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment)? If so, receipts and proof of payment must be submitted. (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P-Card back up documentation which will include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card Company for that statement). Exercise ❑ 1. Has documentation been provided on the purpose/objectives of the exercise? Such as, SITMAN/EXPLAN. ❑ 2. If exercise has been conducted - has after-action report been included? Have sign-in sheets, agenda, rosters been provided? ❑ 3. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee names, department, # of hours spent at exercise, hourly rate and total paid to each attendee? Have print outs from entity's financial system been provided to prove attendees were paid? For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? ❑ 4. Have the names on the sign-in sheets been cross-referenced with the names of the individuals for whom exercise reimbursement costs are being sought? ❑ 5. Has any expenditures occurred on supplies (e.g., copying paper, gloves, tape, etc) in support of the exercise? If so, receipts and proof of payment must be submitted. (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P-Card back up documentation to include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card Company for that statement). ❑ 6. Has any expenditures occurred on rental of space/locations for exercises planning and conduct, exercise signs, badges, etc.? If so, receipts and proof of payment must be submitted. (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P-Card back up documentation to include receipt with vendor, copy of credit card statement showing expense charged, and payment to credit card Company for that statement). Travel/Conferences ❑ 1. Have all receipts been turned in such as: airplane receipts, proof of mileage, toll receipts, hotel receipts, car rental receipts, registration fee receipts and parking receipts? Are these receipts itemized? Do the dates of the receipts match the date(s) of travel/conference? Does the hotel receipt have a zero balance? If 46 160 applicable, have a travel authorization and travel reimbursement form been included to account for per diem, mileage and other travel expenses which have been reimbursed to the traveler by sub grantee? ❑ 2. If travel is a conference has the conference agenda been included? ❑ 3. Has proof of payment to traveler been included? (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or copy of payroll check if reimbursed through payroll). Matching Funds ❑ 1. Contributions are from Non Federal funding sources. ❑ 2. Contributions are from cash or in-kind contributions which may include training investments. ❑ 3. Contributions are not from salary, overtime or other operational costs unrelated to training. For All Reimbursements - The Final Check ❑ 1. Have all relevant forms been completed and included with each request for reimbursement? ❑ 2. Have the costs incurred been charged to the appropriate POETE category? ❑ 3. Does the total on all Forms submitted match? ❑ 4. Has Reimbursement Form been signed by the Grant Manager and Financial Officer? ❑ 5. Has the reimbursement package been entered into sub grantee's records/spreadsheet? ❑ 6. Have the quantity and unit cost been notated on Reimbursement Budget Breakdown? 47 161 CONSENT January 13, 2015 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: January 7, 2015 SUBJECT: Out of County Travel to attend Joint Legislative Auditing Committee Hearings FROM: Dori Roy, Assistant to the County Administrator Out of county travel is requested for commissioners and staff to attend the Joint Legislative Auditing Committee Hearings in Tallahassee, Florida, when the Committee plans to discuss the FMPA Audit. 162 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: r Stan Boling, AICP C munity Development Director THROUGH: John W. McCoy, AICP; Chief, Current De�velopment FROM: Ryan Sweeney; Senior Planner, Current Development DATE: December 24, 2014 SUBJECT: Full Gospel Assembly Inc. of Vero Beach's Request for Special Exception Use Approval for a Fellowship Hall Addition [SP-SE-14-07-17/99100004 -723761 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of January 13, 2015. DESCRIPTION & CONDITIONS Randy L. Mosby P.E. LLC has submitted an application for special exception use approval on behalf of Full Gospel Assembly Inc. of Vero Beach to construct a 2,960 square foot (sq. ft.) fellowship hall addition to the existing church located at 1305 Old Dixie Highway SW.The subject site is zoned RS-6,a zoning district in which special exception use approval is required for places of worship, including expansions of more than 10%. Because the proposed building addition exceeds the 10%threshold,special exception review and approval is required. In this case,the applicant has applied for concurrent minor site plan and special exception use approval. Consistent with the County land development regulations(LDRs),staff has approved the minor site plan application subject to Board of County Commissioners (Board) approval of the special exception use request. Pursuant to Section 971.05 of the LDRs,the Board is to consider the appropriateness of the requested expansion for the subject site and compatibility of the expansion with the surrounding area.The Board is now to consider the special exception use request,and is to approve,approve with conditions,or deny the use request. F:\Community Deve1opment\CurDev\BCC\2015 BCC\FullGospelAssembly(SP-SE-14-07-17).docx 1 163 PLANNING AND ZONING COMMISSION RECOMMENDATION: At its meeting of September 25, 2014, the Planning & Zoning Commission (PZC) voted 5-0 to recommend that the BCC approve the special exception use request with staff recommended conditions. In order to discuss issues raised by adjacent property owners at the hearing,the PZC asked staff to host a meeting between the applicant and the property owners prior to scheduling the application for Board consideration (see attachment 3). Staff has conducted a meeting with the applicant and the neighbors. The substance of that meeting is provided in the analysis section of this report. ANALYSIS 1. Size of Church Parcel: .53 Acres or 23,087 sq. ft. 2. Zoning Classification: RS-6, Residential Single-Family (up to 6 units/acre) 3. Land Use Designation: L-2, Low-Density Residential-2 (up to 6 units/acre) 4. Building Area: Existing: 2,639 sq. ft. Proposed Fellowship Hall Addition: 2,960 sq. ft. Total: 5,599 sq. ft. Note: An existing 10' X 16' shed will be removed to accommodate the proposed addition. 5. Impervious Area: Existing: 10,494 sq. ft. Proposed (Net New): 2,290 sq. ft. Total: 12,784 sq. ft. Note: In addition to removal of an existing shed (160 sq. ft.), some existing stabilized areas will also be removed from the site. The proposed (net new)impervious square footage amount has been reviewed and approved by Public Works. 6. Open Space: Required: 40.0% Proposed: 46.6% 7. Traffic Circulation and Impacts: Currently,the subject site has no formal driveways or paved driveway aprons. The historical traffic pattern for the existing church has been for vehicles to enter and exit the site from both 13th Street SW (north) and 13th Place SW (south), which are both paved local streets. The proposed traffic circulation includes a one-way stabilized driveway along the site's west property line with an entrance from 13th Place SW (south side of site) and an exit on to 13th Street SW (north side of site). That circulation pattern has been approved by Public Works, as well as the use of stabilized driveways which are allowed by County Code for infrequent uses,including churches.Paved(concrete)driveway aprons will be provided for both connections within the street rights-of-way. Due to the low trip generation associated with the proposed expansion, no traffic impact study was required for this project. Other than the previously referenced driveway aprons,no off-site traffic improvements are required or proposed. 8. Off-Street Parking: Required: 21 spaces Proposed: 21 spaces (1 paved ADA accessible, 20 stabilized grass) Note: As an infrequent use, stabilized parking is allowed for places of worship and that 164 F:\Community Development\C'urDev\6('(\2015 B('('\FullGospelAssembly(SP-SE-14-07-17).docx 2 allowance applies to the proposed project. The proposed addition is for a fellowship hall only; no seats will be added to the existing sanctuary. Because church parking requirements are based on sanctuary seats,no additional parking spaces are required for this project. The site plan provides a formal parking layout that better organizes existing access and parking. Of the 21 total spaces provided, 10 are existing grandfathered-in nonconforming parking spaces located on the south side of the existing church building that are allowed to remain. 9. Landscape Plan: The proposed landscape plan satisfies all applicable landscape requirements and includes installation of a Type `B' buffer with 6' opaque feature along the site's west property line where it abuts single-family lots. The 6' opaque feature will be in the form of a 6' wooden fence with a majority of the required landscape material located on the outside of the fence, towards the single-family lots. The wooden fence material is consistent with fences on surrounding single-family residential properties. The plan also includes roadside landscape buffers along the site's Old Dixie Highway SW, 13th Street SW, and 13th Place SW frontages. 10. Stormwater Management: Currently,there is not an existing stormwater management system for the subject site. The site plan proposes a stormwater management system in the form of a dry retention area located at the northeast corner of the site. That system has been approved by Public Works. 11. Utilities: The site is currently served by County water and has an existing septic system. The fellowship hall addition will not generate significant additional wastewater volumes and will be accommodated by the existing septic system. The County Utilities Department and Environmental Health Department have approved the proposed plans. 12. Environmental Issues: The site's only environmental issue is the presence of several existing oak trees and sabal palm trees. No mitigation will be required as all existing trees will either be preserved or relocated on-site. 13. Specific Land Use Criteria: Pursuant to LDR section 971.28(5), the following criteria for places of worship apply to this project: 1. No building or structure shall be located closer than thirty(30)feet to any property line abutting a residential use or residentially designated property; Note: The existing and proposed buildings are 39.3' and 38' respectively from the west property line (abutting residentially designated properties). 2. Access shall be from a major thoroughfare unless otherwise approved by the public works department; Note: The site has frontage on a Thoroughfare Plan road (Old Dixie Highway SW); however, access is provided on the lower functional classification roads (131h Street SW and 13th Place SW) as approved by Public Works, based on a determination that the size and scale of the project will not generate significant volumes of vehicular traffic on the adjacent residential streets. 3. Anv accessory residential use, day care facility or school upon the premises shall provide such additional lot area as required.for such use by this section and shall .further be subject to all conditions set, orth by the reviewing procedures and standards 165 FXommunity Deve1opmen1\CurDevABCC\2015 BCC\FullGospelAssembly(SP-SE-14-07-17).docx 3 for that particular use. Accessory residential uses may include covenants, monasteries, rectories or parsonages as required by these regulations;Anv accessory residential use, day care_facility or school upon the premises shall provide such additional lot area as required.for such use by this section and shall.firrther- be subject to all conditions set .forth by the reviewing procedures and standards.for that particular use. Accessor-1, residential uses may include covenants, monasteries, rectories or parsonages as required by these regulations; Note: The applicant is not seeking approval of any residential use, daycare, or school at this facility, and no such use will be authorized under the subject application. 4. A Type "B" buffer shall be provided along all property boundaries where the ,facility is located adjacent to a single-family residentially zoned property. A Type "C" buffer- shall be provided along all prroperty boundaries when the,facility is located adjacent to amultiple-family residentially zoned propertt, or agriculturally zoned property having a residential land use designation. a. The board of county commissioners may waive or reduce the buffer requirements where the place of til,orship is located next to an existing cemetery, place ofivorship, childcare,facility, comrnunitvicenter, or school. Consideration shall be given to security, noise, and visual impacts. Where a.waiver-or a buffer reduction is granted, normal perimeter landscaping requirements shall apply, and alternative requirements (such as.fencing) may be required. Note: A Type "B" buffer will be provided along the site's west property boundary. A roadside buffer will be provided along the site's Old Dixie Highway SW, 13th Street SW, and 13th Place SW frontages. 14. Existing Easements: The subject site is the aggregation of lots 9 through 11, Block K, of the Dixie Heights Unit 3 Subdivision. The plat of Dixie Heights Unit 3 dedicated 10' utility and drainage easements along all rear lot lines. The site plan proposes improvements within the easements; therefore, prior to site plan release, those easements will need to be released to accommodate the proposed improvements. 15. Surrounding Land Use and Zoning: North: 13th Street SW, Single-Family/RS-6 East: Old Dixie Highway SW, Contractor Trades & Mini-Storage / CH South: 13`1` Place SW, Single-Family/ RS-6 West: Single-Family/RS-6 16. Post-PZC Meeting with Staff, Applicant, and Neighbors: At the September 24th PZC meeting,neighbors expressed concerns about existing noise and parking issues.Those concerns were new to church representatives and to staff. In order to provide an opportunity for those issues to be discussed by affected parties, the PZC recommended that staff hold a meeting between the applicant and the nearby property owners. Staff coordinated with the affected parties and held a meeting on October 31,2014. The meeting was attended by several members of the church, the project engineer, County Planning staff, and both adjacent property owners that spoke at the PZC hearing. The following items were presented and/or discussed at the October 31`t joint meeting: 166 F:\Community Development\CurDev\B('C\2015 B('C\I-ullGospelAssembly(SP-SF-14-07-17).docx 4 • Since the PZC meeting, the church had adjusted speaker equipment orientation within the sanctuary to direct sound away from the surrounding residences and toward Old Dixie Highway. • The church had also added sound-attenuating foam to several windows along the south elevation of the existing sanctuary, which is the side of the sanctuary that faces an adjacent residence across 13th Place SW. Parties indicated that the adjustments had reduced sound previously directed towards residences. • The project engineer provided decibel readings taken during several different services (Wednesday evening, Friday evening, Sunday morning,and Sunday evening)and measured at various locations on and off the church grounds. Those readings confirmed compliance with County noise regulations, taken after the previously described sound-related adjustments were made by the church. • The project engineer also provided several images depicting where the driveway is proposed to be relocated as part of the project. Those images provided the neighbors with more information than images shown at the PZC hearing. • The property owners continued to express concerns about the existing (nonconforming) parking along 13th Place SW, and the capacity of the site to accommodate more development and potentially more people. • The nearby property owners inquired about the appearance of the proposed addition and its aesthetic compatibility with surrounding residential buildings. While most of the items identified above were discussed at length, the three items most discussed were parking and associated traffic along 13th Place SW,exterior noise levels,and the aesthetic appearance of the addition. At the joint meeting,staff noted that the proposed site plan provides a formal parking layout that will better organize access and parking, and that the engineer had provided evidence that currently a maximum of 13 parking spaces are used during regular services,while the proposed plan will provide 21 spaces. Staff also noted that 10 of the 21 total parking spaces are grandfathered-in nonconforming spaces that allow vehicles to back directly into the 13th Place SW right-of-way, across the street from a residence. Staff stated that those 10 spaces are allowed to remain as grandfathered-in spaces since the scale of the project constitutes a minor site plan rather than a major site plan. At the joint meeting, staff noted that the church made several adjustments to reduce the current exterior noise levels and stated that noise levels are an operational characteristic that will need to be controlled by the church in accordance with County noise regulations (Chapter 974). With respect to aesthetics, staff noted at the meeting that the church site and surrounding neighborhood are not located within a special aesthetic corridor and, therefore, no special corridor architectural requirements apply to the proposed addition. Since the October 31" meeting, the church has agreed to two additional design-related conditions of approval to address aesthetic concerns expressed by the neighbors.The church has agreed to paint the addition to match the color of the church building and to provide additional foundation plantings (shrubs) along the west (rear) facade to break-up a "blank wall" appearance along the side of the addition most adjacent to a residence. Those design-related conditions have been incorporated into staffs recommendation. 167 F:A(bmmunity Development\CurDevABCC\2015 BCC',FullGospelAssembly(SP-SE-14-07-17).docx 5 17. General Criteria for Review of Special Exception Uses: In addition to the specific land use criteria listed for places of worship,there are also general criteria for review of special exception uses listed in LDR section 971.05(9)(see attachment 6). Those criteria include consistency with the comprehensive plan and LDRs (land development regulations), compatibility with surrounding land uses, mitigation of potential negative impacts, and orderly development. Staffs analysis is that,with the recommended conditions,the proposed project(fellowship hall addition) meets those general criteria, as follows. a) Consistency with Comprehensive Plan and LDRs: The project is located adjacent to a commercial/industrial area, along a collector road, on residentially designated/zoned property. A place of worship is allowed in residential areas as a special exception use. As indicated in the preceding analysis, applicable LDRs have been satisfied by the application. b) Compatibility with Surrounding Uses:With the recommended conditions,the proposed project should make the church facility more functional and provides for compatibility through project features which include: • A formalized driveway and parking layout that provides for safer and more efficient traffic circulation through the project site; • A relocated driveway that is provided further away from adjacent residences than the church's existing driveway; 0 Additional buffering and screening, especially along the west property line adjacent to residences; and • A 38' setback between the proposed addition and the closest(western)property line, adjacent to a residence. The 38' fellowship hall setback compares to a 10' setback that would be required for a new residential structure located on the subject site. e) Mitigation ofPotential Negative Impacts: In addition to the previously described project improvements, the recommended conditions address potentially negative impacts through control of the addition's color and provision of foundation plantings. d) Orderly Development:The project proposes stormwater management,infrastructure,and buffer improvements that meet County requirements. In addition, the project should make the church parking and traffic flow function in a more orderly manner. CONCLUSION The proposed addition will add no sanctuary seats, and the project will meet the required number of parking spaces by continued use of grandfathered-in nonconforming parking spaces as well as by providing conforming parking spaces. The proposed project will better organize existing access and parking, and will provide a physical buffer and more distance between the church's existing 13 t Place SW driveway and the adjacent residence to the west. The applicant has made changes to reduce noise impacts from sanctuary sound equipment on nearby residences and has agreed to some design-related conditions to address aesthetic concerns expressed by adjacent property owners. Adjacent property owners object to the project,primarily on the belief that the site is too small to handle more development and peak parking demand. Staffs finding, however, is that the subject application meets applicable setbacks, buffers, and site development minimum requirements. 168 F:ACommunity DevelopmentA('m-DcvA13CC\2015 BCC\FullGospelAssembly(SP-Sl,' 14-07-17).docx 6 Finally, staff has verified that all recommended conditions have been accepted by the applicant. RECOMMENDATION Based on the analysis, staff recommends that the Board of County Commissioners grant special exception use approval for the Full Gospel Assembly fellowship hall addition with the following conditions: 1. Prior to site plan release, the applicant shall obtain release of all existing utility and drainage easements, as shown on the project site plan. 2. Prior to issuance of a certificate of occupancy(C.O.), the applicant shall: a. Install all required landscaping and buffer improvements, as shown on the project landscape plan; b. Paint the addition to match the color of the church building; and c. Plant additional foundation plantings (shrubs) along the west (rear) facade, as approved by planning staff. ATTACHMENTS 1. Application 2. Location Map 3. Excerpt from September 25, 2014 PZC Minutes 4. Site Plan 5. Aerial 6. LDR Section 971.05(9) APPROVED AGENDA ITEM: Indian River Co. Approved Date Admin. flz ! `6 /j FOR: January 13 2015 Legal ! 11-1/1 n Bud et B %" - Dept.77 Risk Mgr. 169 FACommunity Deve1opment\CurDev\BCC\2015 BCC\Fu11Gospe1Assemb1y(SP-SE-14-07-17).docx 7 SPECIAL EXCEPTION SITE PLAN (SPSE)APPLICCATION FORM PROJECT NAME(Please Print): _ ls=. 'P�/_ PROPOSED PROJECT USE: ch*RCN /J/,?'`/ CORRESPONDING PRE-APPLICATION C0W'Fm3? r"E PROJECT NAME AND CDPLUS ASSIGNED FILE NUMBER(IF ANY): -' PROJECT#: �7�!/"©U7� 7a 3�6 SP-SE- i L ` OWNER: (PLEASE PRINT) AGENT(P SE PRAT) z�t�slc zz'�� NAME NAME ADDRESS ADDRESS 1/,,sij A�,c 4, 32961 _�i°�a.4t ' A/ jl? V p CITY,STATE,ZIP CITY,STATE,ZIP' 772 _��19� 7.71-.,z --�3z PHONE NUMBER PHONE NUM13ER1 q,Vt'V4 EM ADDRESS E*lILMDwS px CONTACT PERSON CO ACT H& ON s SIGNJOF OWNER OR AGENT PROJECT ENGIN ASE PRINT) PROJECT SURVEYOR (PLEASE PRINT) 1, �; etc fru.-s SNS NAME NAM19 41 f Ir 6/0 L�;;4 A� 11f 5 i7�* '9� fv av'/ ADDRESS ADDRESS CITY,STATE,ZIP CITY,STATE,ZIP 77z- ,gas5.32 ,z--9 3 p-t/0'ced PHONE NUMBER(s)&cp PHONE NUMBER(s) SAnal • l C/ E L S EMAIL ADDRESS CONTACTPERSON CONTACT PERSON 1801 27"'Strict,Vero Bcarh FL 32960 AT TAC N M ENT FACommunity Dcvelopmcnt\UaaroWurDev\Applieations\gm app only.nf Rcvixd January 2011 i asc I Of 3 170 *DOES THE REQUEST INCL A CON EPTUAL PLAN ONLY OR A CONCEPTUAL AND "FINAL"SITE PLAN?:. *AMOUNT OF NEW IMPERVIOUS SURFACE:ISOXT.) 2 *SITE ADDRESS: old 0I)r" •SITE TAX PARCEL ID#(s): 2ry y- .Z,S" d 00 -plG�/Jif© 7, •IS ALL OR A PORTION OF PROJECT IN ENVIRONMENTALLY SENSITIVE AREA AS DESIGNATED IN THE COMPREHENSTE PLAN OR ADDRESSED IN A PRE-APP CONFERENCE? YES NO *FLOOD ZONE: eic ZONING: �; FLUE: •TOTAL(GROSS)ACREAGE OF PARCEL:,.S3a C. *AREA OF DEVELOPMENT(NET)ACREAGE:_ Jr,3� ci - *PROPOSED CHANGES TO EXISTING DEVELOPMENT(IF APPLICABLE): If/1"N f l N A.NUMBER OF UNITS: FROM TO B. DENSITY: FROM UNITS PER ACRE TO UMTS PER ACRE *CHANGE IN USES BY SQUARE FEET GROSS BUILDING AREA USE: FROM SO.FT.OF (USE) TO SO. FI'. OF (USE) C0MIVIES: OJ A a , �Q , **PLEASE COMPLETE APPLICATION CHECKLIST ON NEXT PAGE** 180127"Street,Vero Beach FL 32960 ATTACHMENT 1 FACommuniry Development\Uacrs\OurDevlApplications\spse app only.rtf Revisal January 2011 Per 2 of 3 171 SPECIAL EXCEPTION SITE PLAN APPLICATION SUBMISSION CHECKLIST MATERIAL(note N/A where applicable) YES NO I. EVIDENCE OF PRE-APP CONFERENCE IF PROJECT OVER __ 20 UNITS OR 40,000 SQ.FT.NEW IMPERVIOUS SURFACE 2. Fee: Administrative Approval $200.00 Minor $650.00 Major <or=5 acres: >5 but< 10 acres: $1200.00 =or> 10 acres: $1400.00 pecial Exception Use fees wired to above s plan fees: legs than ao $1075.00 40- 100 acres $1275.00 over l 00 acres +3 50.00 for each additional 25 acres over 100 acres 3. Completed Application Form,and if pre-app conference already held,then a pre-application conference discrepancy letter response or summary of �f plan revisions �C 4. Ten(10)Copies of the Site Plan 5. Two(2) Sealed Site Surveys /t 6. Two(2)aerials of site with project overlaid,showing surrounding 200 feet X 7. Two(2)Copies of the Owner's Deed 8. Letter of Authorization(if applicant is not owner) /1 9. One(1)Copy of the Drainage Report lY 10. Completed Tree Removal Permit Application OM Signed Exemption Form OR Noted as will apply 10 days prior to site plan release 11. Completed Land Clearing Permit Application QR Signed Exemption Form y Oft Noted as will apply 10 days prior to site plan release /t 12. Three(3)sets signed,conceptual floor plans and elevations prepared by architect or engineer(when project is required by Florida law to have such architectural or engineering drawings) 13. Environmental Survey if all or portion of project in environmentally sensitive are 14. Concurrency Application or Acknowledgement Form 15. Written statement and photograph of posted sign (Needed if Planning&Zoning approval required) 1801 27° Street,Vero Beach FL 32960 AT TAC H M E N T 1 F;\Commwity Development\Users\Cirpry\Applicationa\spse app only.rd Revised ,hnuwy 2011 Pate 3 of 3 172 9 .0aaaba,�aa,.o RS-6 CH CH ,?TN?T r��.,.. ..- 13th Street SW �a ---------------- - 0 RS-6 CH i 605 `1 M � 13th Place SW , RS-6 v-- --- ATTACHMENT ;G W PLANNING AND ZONING COMMISSION There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (PZC) on Thursday, September 25, 2014 at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1801 27th Street, Vero Beach, Florida. You may hear an audio of the meeting; review the meeting agenda, backup material and the minutes on the Indian River County website www.ircgov.com/Boards/PZC/2014. Present were members: Chairman Sam Zimmerman, District 2 Appointee; Charles Rednour, District 1 Appointee; Maria Caldarone, District 3 Appointee; Dr. Jonathan Day, District 4 Appointee; Brad Emmons, District 5 Appointee; Todd Brognano, Member-at-Large; and Carol Johnson, non-voting School Board Liaison. Absent was Jordan Stewart, Member-at-Large (excused). Also present was IRC staff: Bill DeBraal, Deputy County Attorney; Stan Boling, Community Development Director; John McCoy, Chief, Current Development; Ryan Sweeney, Senior Planner and Reta Smith, Recording Secretary. Call to Order and Pledge of Allegiance The meeting was called to order at 7:00 p.m. and all stood for the Pledge of Allegiance. Approval of Minutes ON MOTION BY Dr. Day, SECONDED BY Mr. Brognano, the members voted unanimously (6-0) to approve the minutes of the meeting of September 11, 2014, as presented. Public Hearing: Chairman Zimmerman read the following into the record: - A. Full Gospel Assembly: Request for special exception use approval " for a fellowship hall addition. Located at 1305 Old Dixie Highway SW. Full Gospel Assembly, Inc., Owner. Randy Mosby, Agent. Zoning: RS-6 (Residential Single-family up to 6 units/acre). Land PZC/Approved 1 September 25,2014 F:\BCCWII Committees\P&Z\2014—AGENDAS& MINUTES\P&Z-09-25-14.doc AyTtiCHMENT 3 174 Use Designation: L-2, Low Density 2 (up to 6 units/acre). (SP-SE- 14-07-17/99100004-72376) [Quasi-Judicial] Chairman Zimmerman asked the Commissioners to reveal any ex-parte communication with the applicant or any contact that would not allow them to make an unbiased decision. All Commissioners replied they had not had any ex-parte communication. The secretary administered the testimonial oath to those present who wished to speak at tonight's meeting on this matter. Mr. Ryan Sweeney, IRC Senior Planner, reviewed the information contained in his memorandum dated September 11, 2014 and gave a PowerPoint presentation, copies of which are on file in the Commission Office. Mr. Brognano asked what the addition would be used for. Pastor Jean Baptiste, representing the applicant, said the fellowship hall would be used for a Sunday school. Chairman Zimmerman opened the public hearing at 7:05 p.m. Mr. David Troska, stated he owned the property at 218 13th Place, Vero Beach, which was the southeast corner house abutting the church. He expressed concern about parking because he felt the church membership would grow with the addition and the number of vehicles would also increase. Mr. Kevin Crowe, 209 13th Place S.W., Vero Beach, related people got out of church on Sunday, Wednesday and Friday nights between 9:45 and 10:00 p.m. and created a lot of noise. He showed photographs he had taken of vehicles parked on the property and advised he was forced to put stumps in the front of his house because his yard and driveway was continually being used as a turnaround by the worshippers and he could also hear the music when it was played inside the building. Mr. Crowe added his mailbox had been hit by churchgoers in the past and he had to replace or repair it a few times. Mr. Stan Boling, IRC Community Development Director, indicated this was the first staff had heard of noise concerns and said staff could take decibel readings to see if there was a noise violation. Chairman Zimmerman wondered if there was a compelling reason why ingress and egress to the property was on residential streets as opposed to Old Dixie Highway. PZC/Approved 2 September 25, 2014 F:\BCC\All Committees\P&Z\2014—AGENDAS & MINUTES\P&Z-09-25-14.doc ATT1►iGNMENY 175 Mr. Jeff Smith, 1485 24th Street S.W., Vero Beach, Engineer for the applicant, responded according to County code they were not allowed to access the property from Old Dixie Highway and ingress and egress had to come off a lesser road. Mr. Boling observed there was only 220 feet of frontage on Old Dixie Highway and the driveway would be very close to the existing intersection if it was located off of Old Dixie Highway. Discussion followed about parking on the site. Chairman Zimmerman inquired if the site plan could be configured to relocate the stormwater management tract as a buffer to the south and still provide the minimum parking required. Mr. Smith advised there would not be room to relocate the stormwater tract on that side. Mr. Rednour observed even without the proposed building addition the parking would be the same because of the way it was set up originally. Mr. Crowe came forward again and mentioned the church driveway was literally at his property line and the buffering would be ten feet from his living room wall so no matter how the parking was realigned the bumper of a parked car would almost be touching his house. Mr. Smith agreed right now the driveway was just at Mr. Crowe's property line; however the church would be adding a 15 foot buffer consisting of a fence and trees which would move the driveway 15 feet away so cars would no longer park next to his house. Mr. Boling recapped the applicant met the County's minimum requirement; however if there were opportunities for Mr. Smith to rework the plan to see if there was any way to get more than the proposed parking spaces and perhaps it would be possible for the church to enter into a parking agreement with adjacent commercial property owners. He felt the buffer would help with the sound issue and it might be better if the pastor and church members addressed hours of operation and what kind of activities could be held outside after certain times. Ms. Pelletier, a member of the church, did not see how the addition would affect Mr. Crowe because the new construction would be in an L-shape and would be on the other side of his property and across the street. She advised the building was purchased as a church from the beginning and it was not a new use; adding the churchgoers did not drive through his driveway and this was the first time she had heard his complaints about the noise, etc. Ms. Pelletier said now that she had heard the neighbor's concern about noise the music could be toned down and the drums eliminated on Sunday night. PZC/Approved 3 September 25, 2014 F:\BCC\All Committees\P&Z\2014—AGENDAS & MINUTES\P&Z-09-25-14.doc p1 ►►+�n��NT 176 Chairman Zimmerman opined he was not convinced the site plan could not be reworked to take the ten parking spaces off of 13th Place S.W. and redistributed to some other place on the property at no additional cost to the church and that would work better for the neighborhood. Chairman Zimmerman closed the public hearing at 7:42 p.m. Mr. Boling felt before this matter went forward to the Board of County Commissioners (BCC) there should be a meeting between IRC staff, the applicant and his engineer and concerned neighbors to address the issues brought up at tonight's meeting. Discussion ensued. ON MOTION BY Dr. Day, SECONDED BY Mr. Emmons, the members voted (5-0) to recommend approval of the special exception use on the condition that the request not be moved forward to the Board of County Commissioners until a meeting or meetings were held between all of the parties involved to address the neighbors' concerns about parking and noise. Ms. Caldarone abstained. Ms. Caldarone stated she abstained because she did not fully understand the motion. Mr. Boling confirmed the applicant's engineer had agreed to the condition to hold a meeting with all the concerned parties and the meeting would be hosted by IRC staff. Commissioner's Matters There were none. Planning Matters Mr. Boling updated the members on recent action taken by the BCC on planning matters that had been before the PZC. He advised it was not likely there would be a PZC meeting on October 9, 2014; however it was likely one would be held on October 23, 2014. Attorney's Matters There were none. PZC/Approved 4 September 25, 2014 F:\BCC\AII Committees\P&Z\2014—AGENDAS & MINUTES\P&Z-09-25-14.doc ATTACHMENT 3 177 �► lN3 vovily - - - - - - - - - - - - - - - - - - - - - - \ 13TN PLACE S.W. \ (]D'RMI 20'VAVFIIflIT — \ \ 71I moJo o I moo SL.L.• N I n D \ \ g 10(r. -<O gl uoN S NCt z u C) b D \ \ ,ymo D \ 9\ OU DRAINAGE EASEME p z .L . E VACATED) p TIUN d� AINAGE EASEMENT R C) \ \ (TD 1E VACATED) " Z \ \ ;A .. D n \ N D z D \ \ D F O (7 Tor V) \ \ \ ��O II U \ \ I NaOD 69.6 T — — — \ - - \ 131" STREET S.W. (1a RM) 21'PAVDAE T \ mn rc \ \ IIS \ eo 4 v fA oa9 Randy L.Mosby,P.m LLC - op ILL sawcx C. srrs�.wx m. AY .IOM.RAu COURIY, MRSA n-��a'.'°u ..,M.(.tp>o.-.,,. 01.. xc 201. g „aid. r s W SP > .�� �ris k� vc a�•''- s � r . -i: Lu x All,kGHMEN`t 5 179 Section 971.05. - Review of uses requiring a special exception. (9) General criteria for review of special exception uses. Prior to approval by the board of county commissioners, a special exception use applicant must present evidence of compliance with the below cited general criteria as well as specific criteria for the respective special exception use cited herein in Chapter 971, regulations for specific land uses. The applicant shall have the burden of establishing, by competent material and substantial evidence, the existence of the facts and conditions which this chapter requires for approval. The applicant shall have the responsibility to present evidence in the form of testimony, exhibits, documents, models, plans and the like to support the application for approval of a special exception use. (a) Consistency with comprehensive plan and zoning code. The proposed use shall be consistent with the comprehensive plan and with the stated purpose and intent of the appropriate district regulations and all applicable regulations within this chapter. (b) Compatibility with surrounding land uses. The proposed use and its location shall be compatible with surrounding land uses and the general character of the area, based on consideration of such potential impacts as traffic generation, drainage, nuisance impacts, lighting, appearance, and other factors potentially impacting the character and stability of the surrounding area. (c) No adverse impacts on public health, safety, and general lvelfare. The proposed use and its location and method of operation shall promote the public health, safety, and general welfare. The proposal shall include any landscape and structural improvements, public facility expansions, and operational restrictions or procedures required to effectively mitigate potential negative impacts of the use. (d) Promote orderly development. The use and proposed location shall promote orderly and efficient development considering such factors as impact on public facilities, preservation of neighborhood integrity, and similar factors impacting orderly development of the area. ATTACHMENT 8 Page 1 180 � - 13. 2615 Full Gospel Assembly Addition Special Exception Use Board of County Commissioners January 13, 2015 Special Exception Process ➢ Special Exception Use — Specific Land Use criteria — Appropriateness and compatibility of the requested use — Two public hearings ➢ The BCC is to: — Approve request — Approve request with conditions — Deny request z i8U 1 Location Map ;:.... �:,. RS-6 CH AN CH 13th Street SW - - RS-6 r cT y s CH a 13th Place SW RS•6 I s I v 3 Aerial k w' ;f r: yr 4 Igo. 2 Site Plan Proposed Fellowship 1 Hall Entrances t Lij Existing Sanctuary 1 Entrance L /1 ie s Traffic Circulation 77 f { I L_.r7, k 1'663 1 Landscape Plan Type B Buffer W/ 6'Wooden Fence _., ----- -= - --- t s 1 CD S`N Arterial/Local Road Buffer Existing Easements i i t i W 'I x1..14 L-r, g�N Easements to be Released �e ��'U.4 PZC Recommendation ➢ On September 25, 2014, the Planning & Zoning Commission (PZC) voted 5-0 to recommend that the BCC approve the special exception use request with staff recommended conditions. ➢ The PZC also asked staff to host a meeting between the applicant and the surrounding property owners to address items raised at the PZC hearing. 9 Follow-up Meeting ➢ Staff hosted a meeting on October 31, 2014. ➢ Attended by church members, the project engineer, adjacent property owners and staff. ➢ The most discussed items included: • Parking and traffic along 13th Place SW; • Noise levels; and • Aesthetic appearance of the addition. ➢ Meeting conclusion: No changes were agreed upon to garner neighbors' support. Minor aesthetic conditions were accepted by the church after the meeting. 10 l�0 S Staff Recommendation ➢ That the Board grant special exception approval for the proposed fellowship hall addition with conditions stated in the staff report: • Releasing existing easements • Providing landscaping/buffer improvements • Matching building colors and providing foundation plantings for the addition 11 I$0 f Oj W-T'j �4 IP w7PL- 60 -------------- -60 5-2- tip A i -ate. . _................. ' � 3 i F k I r _ i ._-� ._,.-,.,,. ter......... .:,.wF•.. ....... _.... _-..,.._., ...- _-.............. if i/A i t i� 3 I 7 13m PLACE S.W. — — — — — \ D --- i--- z \ z \\ \\ III Ileo I o0 z \ oA v D z IACATE; L- I D \ \\ r,OO TLi &BRAiNAGE EASEMEN \ \ (0 BE VACA ED) �•I \ \ \ o m� Q' R T N z X IE \ Ro.p Gnv�e rEER \ _ 0 ■ 6 \ \�-- \ _ 13.STREET S.W. _ \ I \\ \ �\ a� FULL GOSPEL IPAVING,GRADING Randy E.Mosby,P.E. 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Z � f Z I 77 i Ul � _ ^,.• � ..i M^M{rk m MYRYtui ._�.5�"S,�a .W, � r, _,...�° "x D Z M1 n 1� s a Wrl i�li� IIS I I I �� 1II I,I III li�griyl Iloi I�I IJ I �ilyll �I y� i. (90 .Zo a� FULL GOSPEL pAVING,GRADING Randy L.Mosby,P.E. LLC eASSEMBLY INC AND DRAINAGE °����a"�"'°"`�`" "�"","�`"�""°� '"rM a ¢� um OF VERO BEACH SITE PLAN _ 9 _ a iu0inu A ORipn ue(-r-r���.. EEB.] SMOwNc „'�:�” SCRIPPS TREASURE COAST NEWSPAPERS Indian River Press Journal T-� 1801 U.S. 1, Vero Beach, FL 32960 CRIP�" AFFIDAVIT OF PUBLICATION STATE OF FLORIDA 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 publshed 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. Ad Pub Customer Number Date Copyline Po# INDIAN RIVER CO PLANNING 2667881 12/29/2014 NOTICE EXCEPTION USE NEWSPAPER E-Sheet® LEGAL NOTICE ATTACHED DO NOT SEPARATE PAGES Sworn to and subsc��d before methi day of, December 29, 2014, by >herri Cipriani 1 r �L y ILL- ("' , who Is K] personally known to me or ] who has produced as identification. andra Coldren Notary Public _ SANDRA COLDREN .; += MY COMMISSION N FF 004035 a EXPIRES:April 1,2017 Bonded Thru Notary Public Undarwriters Z I 4C I)MONDAY,DECEMBER 29,2014 N SCRIPPS TREASURE COAST NEWSPAPERS 11 TC NOTICEOF NOTICE OF NOTICE OF NOTICE OF NOTICE DF NOTICE OF NOTICE OF NOTICE OF AMON NOTICE OF ACTION ADMINISTRATION ADMINISTRATION NOTICE DF MEETING FORECLOSURE FORECLOSURE FORECLOSURE FORECLOSURE FORECLOSURE DENTIAL,LLL,011,1 Anornryafor Personal claims.r demand: September 10,2015, Deborah E.Sherlin n°wst to you,io the closure entered n on with•dlsahlliry NA;HSBC BANK NE THEIpORE ROBEflT EMC.LLC,whose ad-Feprese si decedent's November 11.1015. a 1 kl a 0 e b b r e h provialon of certain November 07,2011, who needs any a VADA,NA;PORTFD- JONES,ET AL., dress is 5 Ea,t d2nd Stephen IC.-Ily, hilOO,must hie their crews actin;Un- a ee.Plea,. in INN solea In 111e commDbatibn qn 110 RECOVERY AS- ❑e(endanta St.,New York,NY Esq. daimz with IM1is-0 A copy of the agenda known Tenant al; comattaCoun Admin- Grtun Cour poi Indi- dor t°participate in SOCIATEB,LEC; 10017,and file the Anorney WITHIN 3 MONTHS may be obtained by Unknown Tenant Y2 isl ration 150 b- I 11 er County, chis proceedin0,you JOHN DOE a a NOTICE OF ACTION 0 lginel with IM1e Flbritla Bar Num Ger: AFTER THE DATE Of wri Ing to the Secre- are the Defendants, Country Club Drive, Florida,the oX'1ce°I a nritled,et no JANE DOE,as Un- To the following De- Clerk 01 the above 0]039]1 THE FIRST PUBLICA-I.Y. that the Clerk of Suite 11],Pbrl St. Jeffrey R.Smith, c elo yqu,to the known Te bents in lendantl,Y tyled Court on Or 2]]0 Indian River TION OF THIS NO- Courts will sell lb the Lude,FL,34986,)>I Clerk of the circuli pwvi,ion of certain Possession,are ANY AND ALL UN- 1,0111 February 1, Bivtl.Suite 323 TICS. If a IF-0 decides t0 highest and best bid- 80]-43]0 A leas)] Cun,shall s,Il the a nca.Please f-Uhl,1 will sell to KNOWN PARTIES 2015;otherwise a de-Vero Beach,FIL 31960 ALL CLAIMS NOT appeal any decision der Ibr cash by days before your property situated in c seta Court Admin-the highest and best C LAIMING BY, fault will be entered Telepplmne: FILED WITHIN THE made by the board, electronic sale at scheduled c ap Indian River Courcy, ion 150 NE bldd<r tar cash° THROUGH,UNDER, a al si you for the 17721563L566 TIME PERIODS SET with respect t°any w.i b-river real p cense,or bmr h- Floada,described es: Carni ry Club Drive, January 11,1015 at AND AGAINST THE relief prayed I.,in Far:17]216698865 FDRTH IN SECTION ih e C. -I at lb-1--ni,begin- ately upon receiving LOT 9,BLOCK G. Sulie IIT,Port Et. LM1e Indian River ESTATE OF PAT: the..Tplaml or pe-E-Mail:SC-Esq- ]33.]02 OF THE 'Chan ti 1 Dr 'ng at 1D:o0 AM on mis noh(rcalion if the PINE TREE PARK Lucie,FL,34906,772- ty Cour[houzea FICIA,LOAN-vubn. @bdlsqulM1.nn FLORIDA PROBATE heart ag,he will need tAe 6th day bf Janu- ti before the UNIT ND. 3, BD7.4370 at least] Dill be held via JONES,WHETHER Secondary E-Mail: CODE WILL BE FOR- a « dol the ppr a^,2015,the fallow- scheduled appear- ACC 1 NG TO day:before your eiectrbnlcally web- SAID UNKNOWN Doled IN.19 day of EmilVAssistant@bells EVER BARRED, ce...d and iM1al, g deacribeJ prop- a is less than] PLAT THEREOF AS zch eduleJ court ap- z e adtlresa for on- P A R T E s MAV December,101 d, outh.nel NOTWITHSTANDING for aucM1 purp❑ae,M1e arty a,Set fort„in tlayc;if you are M1ear- HE IN PLAT p mmebi- line sales ia:www.i- CLAIM AN INTEREST CAROLYN TIMMANN Pub:Decemb,22, THE TIME PERIODS will to ensure mai a said Final Judgment, Ing.r voice m- BOOK 3,PAGE 511, ately upon rrecew B ndiamriver.reallon A SEE P 0 U S E S. Clerk of Court 2E,2014 SET FORTH ABOVE, v rbatim r cord bf ID wit poi ed,call]t 1. OF THE PDBLIC RE-this hibi [iqn it the eclosa.c'm begm- HEIRS,DEVISEES. BY.Cindy Powell 9 TCN2567013 ANY CLAIM FILED the proceed in As is � puh:pecem bar 33, CORDS OF INDIAN t m°before the 'nA al GRANTEES,OR Deputy Clerk TWO 121 YEARS OP matle.which record LOT 19,BLOCK A, 29,1014 RIVER COUNTY, ,Ichabuletl a i,,I r-the IollOwinp proper. OTHER CLAIMANT-If You area person COURT FOR MORE AFTER THE includes the testimo- VERO LAKE E5 TCN2666792 FLORIDA is Iez,than] iy 0 b in said 5., with a disability wM10 COURT FOR INDIAN pECEDENT'S DATE ny and a idenca TATES UNIT K.AS alkla 6d35 4TH LN, days if you are bear- Final sJ a dgmebl,to YOU ARE NOTIFIED vada any acwmmo- PNEP COUNtt, 0 F DEATH 5 up n which the ap RED0RDID IN PLAT IN THE CIRCUIT VERO BEACH,FL r Dice th at in ac ion ter dation in brderio FLORIDA BARFE0. peal is I.be based. BOOK 5,PAGE 83 OF COURT OF THE 96O HE peBetl,call711. m LEGAL DESCRIPTION'. FDredbzure fol Mort- participate in this PROBATE DIVISION TM1e dace of lira[puGli Anyone who needs a THE PUBLIC HE. NINETEENTH at2publi<sale,to IM1e Puh:Oecembe,32,LOT 1,BLOCK 458,OF °ngn IM1e fallow- M1roceedi n0.you are File N. c ion h this noti.e s slat acwmmoda- [OROS,OF INDIAN JU❑ItlAL CIRCUIT highest and best bid- 29,1014 SEBASTIAN HIGH- describedprop- mlti.d,al no cast tD 311014CP0o1115 IsatDecember 29,201-lion Al IM1is meeting RIVER COUNTY, IN AND FOR der,for cash,online TCN2666814 LANDS,UNIT 1], y Qou,10 the provision may contact the DO- FLORIDA INDIAN RIVER Wµelecironic tale at ACCORDING OF THE L D i 114,O U C K- t certain azsislanw.IN RE:ESTATE OF ........ r c °11 c e a COUNTY,FLOFI,A w.lndianriver.reel IN THE CIP<UIT PLAT THEREOF,RE- WOOD, P.U.D., Please contact Corrie ARTHUR E.FROST, 4 Representative: 17]115]1-O6d0 I gny^erson claiming CASE NO. lorecloae.com, n COURT OF THE 191H <OPDED IN PLAT ACCORDING TO THE JOM1naon,ADA LOq!-JR.ALSO KNOWN James E.Frost leas°48 hours In ad- a in the sun 31-21il-A 00030 January 06,IDIS be JUDICIAL CIRCUIT BOOK 8,PAGE 46 OF PLAT THEREOF, dlbator,250 NW AS ARTHUR EO- 4310swwana Lake v nca 0l meeting. plus iromime sale,if ginning a110:00AM. COURT IN ANDFOfl THE PUBLIC RE- LDRDED IN PLAT Country Club❑rive, MUNO FROST Fbad a any,other man the GREEN TREE SERVIC- INDIAN RIVER CORDS OF INDIAN BOOK 10,PAGE 9, Suite 11],Port Si.❑eceasetl. Putnam Valley,New Pub:December 21, property owner az of ING LLC If You area person COUNTY,FLORIDA RIVER COUNTY, PUBLIC RECORDS taste,FL]d98fi, York 10519 19,2014 ha date of the lis Plairniff, claiming a rlghi to GENERAL FLORIDA. OF MARTIN COUP. 1]]11 BD]1370 at NOTICE i[N2fi6fi609 pendens moat lila a tubba em ninI JURISDICTION PROPERTY AD. TY,FLORJD0. leas)]tla before TO CREDITORS Ys claim within 6D Jaya SHAWN BUSKIRK alter the sale,you DIVISON DRESS:144 FILBERT M1aa been hled against y 1 zcM1eduletl<BUM1 Th.administration°t gnomey for Personal - :her the sale. ATRIA SHAWN S. must Mea daim wish CASE NO.: STREET SEBASTIAN, ab.,d you are re ears ce or m- he estate of ArlM1ur Representative: BUSKIRK;JESSICA the clerk n°later 312013 CA 001:48 FLORIDA 32958 ed toe as py of m Eiaiely upon re E.F.zi,Jr.Also Sleph-Connelly.NOTICE OF Oared this 12 day o1 BUSKIRK:UN- IM1e^60 days alter DLJ MORTGAGE ANY PERSON CLAIM- lq e de- zelwng this mm�ica-m^awn As Arthur Ed- Esq. FORECLOSURE December,2011. KNOWN TENANT 1; t sale. It you fail CAPITAL.INC., ING AN INTEREST enses Wil any.l°it ti n If the tM1mtle be- dd Frlo st,d<-AX°rnry BROCK&SCOTT, UNKNOWN TENANT to file a claim you Plamtitt, IN THE SI.P LOS on Lisa Woodburn, to I e e ulaJ cease w ose date Florida Bar Number: IN THE CIRCUIT PLLC 2;AND ALL UN- will nbt be entitled fp va. FROM THE SALE,IF McCalla Raymer, rpe ce is less of death was August 0)039]4 COURT OF THE Anorney fol Plaintiff KNOWN PA R TIES an manng lands. GREG HANSEN,CAF- NY,OTHER THAN LLC,225 E,Rob-h than]days;it you 1],1014,Is pending 2770 lndl an River NINETEENTH 1501 N.W.49th CLAIMING BY,Daledeat15t.P e[na OL HANSEN,eLaI., THE PROPERTY St.Suite 660.Orlon- are M1earin n the Clrcuis Court Ivd.Suite 323 JUDICIAL CIRCUIT CWNEF AS OF THE g br voice Sheet Suite 2011 CL OUCH,UNDER burg,Floritl e,tM1ia pelandants, d0,031801 OARY ibb:D,call)1 t, Cor Indian River yero eeadl,FL 3190 IN AND FOR INDIAN FI.Lautlereale,FL T08 HROUGH. UNDER 9th day of Decembx, NOTICE OF SALE LIS PENDENS MUST BEFORE JANUARY Pub:pecem bar 19, ii Floliba,Prq-Telephone: WVER COUNTY, 3309 ABOVE NAMED DE- Dld. NOTICE IS HEREBY FILE A CLAIM WRH- 2015 and tele the 2014,January 5, bate,iviaibb,the a0 1]]11 56 3-056 6 FLORIDA pbPS 1951161, FENDANT(S),WHO Douglas C.Zahm,P.A. GIVEN pursuant to, IN 6D DAYS AFTER GENERAL o igi.1I with the 2015 dress of wM1ipM1 is Fax:1]]31569-8855 JURISDICTION 955,en.6209 115IARE1 NOT Desipna[etl Final Ju Jgm ant of THE SALE. [Irerk Df the above-TLN2NOPPS 2DOO I1Ih Avenue,E Mail:SCon nEsq- Fax:19541618-6954 KNOWN TB BE Email Atltlreas: For«._.entered Submitted Pub - ,tyled C-t bb or V2ero Bessh,FL @bellsou"'eE, DIVISION FLD-HP ca@-d. DEAD OR ALIVE, efili A@5-hi, on September 12, li zher ob: .CO.. bel."30 days I- 3 960 OR P.O.B.L, Secondary E-Mail: Case Nb. nbzcoitcam WHETHER SAID ON- 2 28th Street 301d IS[I,e No.: bar,ZOld the lirs[publication, IZ90,Vero Beach,FL 1-1,ssinam@hells 2014 CA 00063] By Jimmy Edwards, KNOWN PARTIES 1N0«M1,Suite 2110 12013CA001]40 By:l✓Antlrew Break 61. TM1e n t h e r w e a NOTICE DF and addressee alrt[M1e buth.net Ci[iFinancial Servicing E50� CLAIM AS HEIRS. St.Petersburg,FL antl the le tlatetl is arca,Esq. Judgment may be Pub:December 19. Florida Bad,ND. DEVISEES,GRANT- 33]16 sc-1,,d I«Janu- Andrew er d against you ADMINISTRATION perabnal repreaenta- 3ot4.January 5, LLC, t 55 EES,ASSIGNEES, el.pnona No. ary 12.1015,of the Graaksma.Esq. IDr the relief de IN THE CIRCUIT end the personal 1015 PlaimM' LIENOFS,CFEOIT- 1]2]15364911 Circuit Court of the Florida bar N..:94115 ended i^the Com- COURT FOR INDIAN representative s at- TCN2667686 s R a q u e s t s for OpOSu TRUSTEES, At,.-y for the 19111 Judicial Circuit Paul A M,l,b n& taint. RIVER COUNTY, t° ey are set lorlh Jessie M.Sherlin,Jr. gccbmmodatlons by SES.OR OTH PlainliX in end for Indian Rw- Assodates.I.A. WITNESS my hantl ,.,FLORIDA below. alkla Jessie Marion Persons with Disa- EP CLAIMANTS; By:Tara M, unry,flbrida., 136A E.Dh,v eHigh and,sal 1,ata PATE DIVISION All cr eailore oI the Sherlin,Jr.;et al., bilitles.Il`ou era a Dalen h- Mrponaltl OLJ°MORTGAGE way,Sue.100 C n IM1e 15 tlay File N. decedent and other Oefendams' rson h a,rb FEN 139dt CAPITAL,INC.,ie the Coral Gables FL ,b b, 201 A 2_P0012GS persons evl biliiy who need:any NOTICE OF SALE Plainlili and GREG 33146 CAROLYN PM MANN claims or demandgs NOTICE DFMEETING NOTICE OF mmbdatign in Nollce is hereby Oiv-Requests for Ascom- HANSEN;CAROL If`ou ora a person As Clerk bl the Court IN RE:ESTATE OF e0�abet tla Vetlen['s NOTICE: FORECLOSURE SALE nbder to parlicipale en That,pursuant I modoions by Per- HANSEN;UNITED wi h a disabeey who 8 Cindy Powell JOIN RGBERT JUNG a M1om There vdll be hEw NOTICE 15 HEREBY in this Y oeceazetl. pwceedin gt IM1e Summary Final I* with Oisabili- STATES OF AMEPI- n e d s n n OepulY Clerk copy DI this nbt ca Is meeting Df the Board GIVEN pursuant to a you a tilled, Judgm enl of F°re- s.sli you ar - CA:HSBC BANK, a mod.-I, 13 0322&2 NON rep iced °be Of Sup-I-of the Final Judgment of NOTICE rved must Bla their FELLSMERE WATER Fora c l ozure Sated Il19Ih JudM1cleltC icuit TO CREDITORS daim:wilM1 this coon CONTROL DISTgI[T Novem her Z,2071, COAST I ; I.provide reasons-The adrbW,btb 0 WITHIN THE LATER It the Dinrin bxice, enlaced in Lasa No. E APP Fib a.-d.,i the estate.1 John 0 F 3 M ON T H 5 109 N.-Willow 1014 CA 00042]Di when requested by Robert JunA.de-AFTER THE TIME OF Siren,P.O.Box 43B, the Circuit Lou t of lifted «ed,wM1ose dale THE FIRST PUBLICA- eglds0m ere.Florida me NlneteenlM1 JUJI- wi[h aiaabliliez.^II of death wax June 1,TION OF THIS NO- 32 at 10:00 a.m. Circuit,in and for Smartj#ione,ending in TI CE GF 30DAYSthe second Thursday Indian River County,n1M1 adisabili who the Circa„sour for AFTER THE DATE OF o/the followingFlorida,wherein Citi- eds anomOnondaga County, SEFVICE OF A COPY momha far the year Fnancial Servicing dation iD ate a,Probate Dl bI OF THIS NOTICE ON of 2015.January 8, LLC s the Plaintill 11a c°n 111 I'll, O.F.cion,H.address DI THEM. 2015,March 3, nd Jessie M.Sher- u whish Ic 401 Sbnt-All other creditor,of 2015.La ndpwner's lin.Jr, X.Jessie ladliiy�youoar,,_ sorcery Street, a-the tleced Meatin0 Mey 1d, Marion SM1arlin,Jr.; ter!. Ibib,a use,NY 13201.TM1e olGar peri +015,July 9,1015, Debbie Sherlin alkla oou,forme Prov Sion name end address o1 f certain asusmnce,ibe.0w,albd IF. AemlCb ofon"" pienoozly repnesentae NOTICE ATICE NOTICE NW Lo ant ry Ciub ve'a afro ey ar 1TIIII Suite 217 ,PI t fart„below. Local Saint facie,Fl All cretlitor,of the NOTICE OF PUBLIC HEARING-SPECIAL EXCEPTION USE 11906;17711 00]- pecrsontsahavi ng This i,node bf.M1earing bl the Board of county Commissioners 1310;1 000 955- tla o c ns der ape p' ,e a prov"I ler an exp 1 711 I You are bear da ms whh m a w Try'T p son O f i F Sh- nAo,voca'm- e d n non°IIfI Ful1G al As blVl tl 1306 old D" 11 pa led c py f h y W Sac 15 T hip 3 P g 9 Pleas M1e at SIF news Pub December 22 r q d b dl 7}sf e 19,2114 d TI M1 ^ TCN266]06d 4 ." IN THE CIRCUIT WITHIN THE LATER COURT OF THE OF 3 MONTH ----_L `"© ' now. } NINETEENTH AFTER THE TIME OF "-1°'•e" - "--- JUDICIAL CIRCUIT THE FIRST PUBLICA : - INANDFORMARTIN TION OF THIS No COUNTY FLORIDA TICE OR 30 DAYS / Make your smartphone CASE NO: AFTER THE DATE OF L 13801194{A-AXMK SERVICE OF A COPY ` smarter.Get the local OF THIS NOTICE ON ® � EMIGRANT PESIDEN-AHEM. .-_ news app now! v TIAL.LLC,flxla EMC. 11 other-d'l-of LED, the decedent end a Plaimiff, Diner persons M1av ng dam,qr demantl. 1 With the Ueasure Coast JOHN T KENNEDY, ag t d d nal.. �- F--.:..-, _._... 1 ,a«aanta, dz ma with nca pM1prr - Newspapers'new NOW ITHIN 3 MONTHS NOTICE OF ACTION AFTER THE DATE OF q ppo I'c heat ng at w1i ch pan es'n'nl and ctzam shall have feature,local news is To: CLAUDIA MON-THE FIRST PUBLICA rtudly I°be heard will b°held by the Board o1 County THIRD DECESARE TION OF THIS NO ° °°° more accessible KENNEDY TILE. Comm ss Doers of Ind an I.-C°u ry FI -d h Countyry Com 4]]BE Rrveri de Ur,ALL CLAIMS NOT Ambers b1 the County Ad S Tdb,I,%,.ted than ever. Stuart FL-0,1 FILED WITHIN THE BD hVen,Vero Bead,Tb da n Tuesday. ry YOU ARE HEREBY TIME PERIODS SET 2015 NOTIFIED that en ac FIFTH IN SECTION PI d I ori ng r 1-d quasi Dns Io IF,current J-1.-11 i°^t.foreclose a ]33,]02 OF THE - n at)>11161139.NI tlo<umenx pen" 'x [� ortgage on IM1e 1d FLORIDA PROBATE regeven are Dn Ile nth.Ind an fli All County Planri ng D's ,lo- ❑ E lowing oro er Y In CODE WILL BE FOR- .d it 1801 2Th Street within bmidmg'A-of the C.-FY Admin Mari C y FI EVER BARRED C ❑ y h d by mem b-of w da NOTWITHSTANDING Ofi of t o M1 p b1 h - All-1- poo Lot 1 I GULL RAN THE TIME PERIODSVE, tl lid d dp h p bl M1 arng. , BOF d 0 SET FORTH ABOVE IM1e PI t h f ANY CLAIM FILE, �y h y h y d " h h ry be made �t ecoid d' PI B TWO 121 YEARS OP B "II d h 6 Ord of Hbi 3,P g 138 i h MORE AFTER THE I P. Records o1 of CE D E NT 5 DATE 1,Oa d M1'M1-eludes teal m°y nJ ev tlence Man C y FI O F DEATH 1 5 upon wh'ch me appeal s based nda.b TI d - TheBARRJO of fist ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS I esu d y ubl-catI n of th s MEETING MUST CONTACT THE COUNTY AMERICANS WITH Quir d -s December DISABILITIES ACT IADAI COORDINATOR AT 116-1113 AT LEAST �4.J s'•"^l opy of your wrTten 2 201 d. 48 HOURS IN ADVANCE OF THE MEETING. tlelenses,If any,b iI Personal INDIAN RIVER COUNTY on Glzelle J.Man Representative: BOARD OF COUNTY COMMISSIONERS F.0 Esq., Gray Frederick William BYI-Wadey S.Davin.Chauman Robinson,P.A..1221 JuSh- , bV.11 Ave,Suite I6 FamhF-Ybe[ 1 16011,Miami,FL Cazenovia,New York I I I 1 t • ' ' 33131,attorney far 13035 T°be advertised pecember 29,2014 EMIGRANT RE51- iLN1667861 - 7,_:� P . LINCOLN- ACURA CADILLAC CHEVROLET DDDGE HYUNDAI KIA MERCURY NISSAN SUBARU VOLKSWAGEN COGGW ACURA L ROUTE 60 LOA WALLACE cR1EC0 NIssAN DYER SUBARU PR�I�cN� W35NS SE Federal LLACE WALLACE HYUNDAII-.' al /service 999 Hwy 1,Vero 11 b-on =TRY DODGE 8575IRh st M sex x55 h s Ay 1 3 7>3-5696060 14 r city eo u° 8n-g0g,05g2 „)Sit SE Fede21 Vefo Beach 'n2-5698000 LPlerce - 15 'The Dye! 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Public Hearing-B.C C. 1.13.15 VE Ofc of INDIAN RIVER COUNTY z ATTORNEY DvIan Reingold,Counts-Attornev Williarn K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,assistant County Attornev MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney��/ DATE: December 31, 2014 SUBJECT: Repeal of Medical Marijuana Ordinance BACKGROUND. Amendment 2, concerning medical marijuana, was on the November 4 ballot. Amendment 2 proposed to amend the Florida Constitution to allow for 1) the medical use of marijuana for individuals with debilitating diseases as determined by a licensed Florida physician, 2) caregivers to assist patients' medical use of marijuana, and 3) the Department of Health to register and regulate centers that produce and distribute marijuana for medical purposes. On October 21, 2014, the Indian River County Board of County Commissioners (the "Board") approved an ordinance, Ordinance 2014-18, which incorporated the regulation of medical marijuana into existing Chapter 315 of the Code of Indian River County, the Indian River County Pain Management Clinic and Controlled Substances Ordinance. Amendment 2 did not pass on November 4, 2014. Therefore, on November 18, 2014, the Board authorized the County Attorney to prepare legislation repealing Ordinance 2014-18 and removing the regulation of medical marijuana from the Code of Indian River County. Indian River Co. Ap oved Date Approved for January 13, 2015 BCC Meeting Admin. Public Hearing Co.Atty. 3 Budget Department Risk Management --- --- OUNTY ATTORNEY F.AlfoeverLbdn GENERAL B C C.9genda 11,,w.11edical.lfa jaaaa Repeal Ordinance.doc 181 Q1 Board of County Commissioners December 31, 2014 Page Two The attached proposed ordinance repeals all of the medical marijuana regulations that were enacted by the Board as part of Ordinance 2014-18. RECOMMENDATION. The County Attorney's Office recommends that the Chair open the public hearing and take public comment on this matter and then have the Board vote whether to approve the ordinance. ATTACHMENT(S). Proposed ordinance F..V name,L—J.GE N'ERaL R C C Ag—do ---Rep—I(hd--,d- 182 ORDINANCE NO. 2015- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 315 OF THE CODE OF INDIAN RIVER COUNTY ENTITLED "PAIN MANAGEMENT CLINICS, CONTROLLED SUBSTANCES AND MEDICAL MARIJUANA" TO REPEAL REGULATIONS AND PROHIBITIONS OF CERTAIN ACTIVITIES RELATING TO MEDICAL MARIJUANA; AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Amendment 2, allowing for the use of marijuana for certain medical conditions was on the November 4, 2014 ballot; and WHEREAS, on October 21, 2014, the Indian River County Board of County Commissioners voted to enact Ordinance 2014-18 establishing regulations of medical marijuana and medical marijuana distribution facilities, so that regulations would be in place in the event Amendment 2 passed; and WHEREAS, Amendment 2 was defeated on November 4, 2014; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Legislative Findings. The Board finds that the "Whereas" clauses above are true and correct, and hereby incorporates such clauses as the legislative findings of the Board. Section 3. Amendment of Chapter 315 (Pain Management Clinics, Controlled Substances and Medical Marijuana). Chapter 315 of the Code of Indian River County, Florida is hereby amended to read as follows (added language is underlined, and deleted language noted by strikethrough): R U tirWV,indo1GENFR1LlRs.-Wi—&Ordin—n 0rd—,kNm CliniurlRrpeol MrdicolMm/unna.dacr 1 183 CHAPTER 315. PAIN MANAGEMENT CLINICS; AND CONTROLLED SUBSTANCES AND MEDICAL MARWIJANA Section. 315.02. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: (1) Pain management clinic shall mean any publicly or privately owned facility: that advertises in any medium for any type of pain management services; or where in any month a majority of patients are prescribed opioids, benzodiazepines, barbiturates, or carisoprodol for the treatment of chonic nonmalignant pain; below, unless a. The clinic is licensed as a facility pursuant to chapter 395, Florida Statutes; b. The majority of physicians who provide services in the clinic primarily provide surgical services; c. The clinic is owned by a publicly held corporation whose shares are traded on a national exchange or on the over-the-counter market and whose total assets at the end of the corporation's most recent fiscal quarter exceeded $50 million; d. The clinic is affiliated with an accredited medical school at which training is provided for medical students, residents or fellows; e. The clinic does not prescribe or dispense controlled substances for the treatment of pain; or f. The clinic is owned by a corporate entity exempt from federal taxation under 26 USC section 501(c)(3). F 1 r1oyVJ d kGENERAL Rew/anions&Ordinona D d�Pain ClnivVRepeal Medica/Maryaona.d— 2 184 Any clinic or facility meeting the definition above shall be considered a pain management clinic, regardless of its use of any other descriptive name, such as a center for "wellness," "detox," "detoxification," "urgent care," etc. (7) Applicable law shall mean this Code, applicable Florida law, including, without limitation, rules and regulations promulgated by the Florida Department of Health, the Florida Board of Medicine, the Florida Board of Osteopathic Medicine, the Florida Board of Pharmacy, and applicable federal law; (7) Board shall mean the Indian River County Board of County Commissioners; (4) Controlled substance shall mean a controlled substance listed in Schedules II, III, or IV in section 893.03, Florida Statutes. (5) Chronic nonmalignant pain shall mean pain unrelated to cancer or rheumatoid arthritis which persists beyond the usual course of disease or the injury that is the cause of the pain or more than 90 days after surgery. (6) Department shall mean the Indian River County Community Development Department. (7) sold,SeGtieR 381.986, FIeFida Statutes if manufaGtUred, possessed, Reserved. (8) sells, GaFegivers and is Fegirstered by the Departm Reserved. F.AfwmyiLMd.CENERALW-1.1—&O.dinan—Vrdmmr,,PWn CIM...VReped Medical U-Jj.na.d— 3 185 (9) Pharmacy shall mean any pharmacy that is subject to licensure or regulation by the Florida Department of Health under chapter 465, Florida Statutes, and dispenses controlled substances in Indian River County. (10)Pain Clinic Responsible Patty shall mean any person or entity which owns, in whole or in part, or operates a pain management clinic; any person who manages or supervises the operations of a pain management clinic; any person who has been designated as the responsible physician or osteopathic physician for a pain management clinic, pursuant to 458.3265(1)(c) or 459.0137(1)(c), Florida Statutes; and any person who participates, directly or indirectly, in any activity regulated or prohibited by this chapter (11)Pharmacy Responsible Party shall mean any person or entity which owns, in whole or in part, or operates a pharmacy engaged in activity regulated or prohibited by this chapter; any person who manages or supervises any activity regulated or prohibited by this chapter; and any person who participates, directly or indirectly, in any activity regulated or prohibited by this chapter. (12)Qualified pain management clinic shall mean: a. A pain management clinic which is wholly owned and operated by one or more board-certified anesthesiologists, physiatrists, or neurologists; or b. A pain management clinic which is wholly owned and operated by one or more board-certified medical specialists who have also completed fellowships in pain medicine approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association or who are also board-certified in pain medicine by a board approved by the American Board of Medical Specialties or the American Osteopathic Association and perform interventional pain procedures of the type routinely billed using surgical codes. Except as otherwise provided, a qualified pain management clinic shall be deemed to be a pain management clinic for all purposes set forth herein. F.1At,—,yV.inda1GEVEkALVirwlarimy&O.din ,n Ortho---e Pain C/inicaVtrpeal Medical M�uana.dmx 4 186 Section 315.03. Prohibited Activities. Each of following activities shall be prohibited and shall constitute a violation of this Code: (1) Operation of a pain management clinic without a valid and current permit issued pursuant to section 315.04; (2) Operation of a pain management clinic without a valid and current business tax receipt; (3) Operation of a pain management clinic without a valid and current registration pursuant to sections 458.3265 or 459.0137, Florida Statutes, 29 of the FIE)Fida , unless such clinic is exempt from registration under such statute; (4) Submittal of a permit application, any sworn statement, or any other information required by this chapter, which contains materially false information; (5) Operation of a pain management clinic in violation of a sworn statement submitted to pursuant to sections 315.04 or 315.05; (6) Operation of a pain management clinic or pharmacy in violation of applicable law; (7) Prescribing or dispensing of controlled substances eari}uana in violation of applicable law; (8) Activity within a pain management clinic with respect to a controlled substance in violation of the standards of practice set forth in section 456.44(3), Florida Statutes; (9) Operation of a pain management clinic in violation of the facility and physical operations requirements, the infection control requirements, the health and safety requirements, the quality assurance requirements or the data collection and reporting requirements set forth in sections 458.3265(2)(f)-0) and 459.0137(2)(f)-0), Florida Statutes, as appliGa ; FVII—yVAd.IGENERADR—I.ti—&Ordinon«s10rd�nances�Pain Clini«Weped Medico/Maryuana.docs 5 Q 187 (10) Prescribing, administering or dispensing a controlled substance without a valid and current controlled substance registration number issued by the United States Department of Justice, Drug Enforcement Administration; (11) Operation of a pain management clinic or pharmacy in a manner which allows, permits or encourages persons to stand, sit (including inside parked cars), gather or loiter in or about the clinic's parking area, for a period of time exceeding that which is reasonably required to arrive and depart the parking area, and to walk to and from the parking area and the clinic; (12) Continued leasing or permitted use of a property or structure which is used as a pain management clinic or pharmacy if (a) the landlord or property owner knows or, through the exercise of reasonable care should know, that the clinic or pharmacy is being operated in violation of applicable law, and (b) despite the passage of a reasonable period of time to do so, the landlord or property owner has failed or refused to take reasonable measures to stop or prevent the continued illegal activity on the premises; or (13) Failure to advise the Department of any change in any information, statements, facts or circumstances, as required by section 315.04(10). management GliniG. seder. FtH—IYLndu%GENFRILVR,-4I,-,&Ordna—n 0,rlinwc,W,M glnicrVtepeof Ma6ca/Morjuana docs v 188 Section 315.04. Permit Required for Operation of Pain Management Clinic. (1) Permit Required. No pain management clinic shall operate by any means in Indian River County without a valid and current pain management clinic permit issued by the Department. (2) Application. Any pain management clinic requesting issuance of a pain management clinic permit shall complete and submit to the Department a sworn application, on a form provided by the Department, containing, at a minimum, the following information: a. The name and address of the pain management clinic; b. The name and address of each owner of the pain management clinic (including, if the owner is a business entity such as a corporation, limited liability company, etc, the name and address of each officer, manager or managing member, general partner or other comparable person authorized by state law to manage the affairs of the business entity), each person who will be managing or supervising the activities of the pain management clinic, and each person who will be prescribing or administering controlled substances, and eaGh person who will dispen6iRg marijuana at the pain management clinic; c. The name and address of the person who has been designated as the responsible physician or osteopathic physician for the pain management clinic, pursuant to sections 458.3265(1)(c) or 459.0137(1)(c), Florida Statutes, if ; d. The name and address of the person or entity which owns the real property upon which the pain management clinic will be operated; e. Proof that the applicant is currently registered as a pain management clinic with the Florida Department of Health, pursuant to sections 458.3265 or 459.0137, Florida Statutes ; f. Proof that any person who will be prescribing or administering controlled substances at the pain management clinic has a valid and current controlled substance registration number issued by the United States F:At—,y�bi d.%GENFRILW,.W a—&Ordinancrsl0.dinancerlPain CliNvVtrprd Mnlicd Maryurvio,docx 7 189 Department of Justice, Drug Enforcement Administration, including the controlled substance registration number for each such person; g. A sworn statement certifying that within the ten (10) years prior to submittal of the application, neither the pain management clinic, nor any person identified pursuant to subsections b, c or d above, has been found by any county or municipal board, commission or council, or by any state or federal court, or by any state or federal regulatory body, to have acted with respect to controlled substances a in violation of applicable law; and h. A sworn statement certifying that the pain management clinic, and every other clinic owned or operated by any person identified pursuant to subsections b, c or d above, will, during the term of the permit, be operated in compliance with applicable law. + eleg+sfs;-s 2. (3) Abbreviated application for qualified pain management clinics that de not In lieu of completing the application form described in subsection (2), a qualified pain management clinic that doe6 Ret pos6e6s, , , F:lAw—ylL d.IGENERALdteaolulio &0,dina ,10rxt-no Puin ClinluUtrpeal Meoicnl Mnr��an4.docs v 190 safegivefis requesting issuance of a pain management clinic permit may complete and submit to the department a sworn application, on a form provided by the department, containing, at a minimum, the following information: a. The name and address of the pain management clinic; b. The name and address of the owner of the pain management clinic; c. The name and address of all physicians who will be prescribing controlled substances at the pain management clinic; d. Proof that the pain management clinic meets the definition of a "qualified pain management clinic" which proof may consist of written verification or confirmation from the State of Florida that the pain management clinic is exempt from state registration pursuant to [F.S.] §§ 458.3265(1)(a)2g or h or 459.0137(1)(a)2g or h; and e. A sworn statement certifying that the pain management clinic, and every other clinic owned or operated by any person identified pursuant to subsections b or c above, will, during the term of the permit, be operated in compliance with applicable law. (4) Permit Application Fee. A permit application fee shall be paid by the applicant at the time of submittal of the application, including renewal. The amount of the fee shall be set by resolution of the Board. The amount shall be sufficient to recover the County's approximate cost of reviewing and acting upon the application. (5) Denial of Application. The application for a pain management clinic permit shall be denied if any of the following facts are found to exist and are not cured within ten (10) days of written notice of such deficiency: a. The applicant fails to pay the required permit application fee; or b. The applicant fails to submit all information and statements required in subsection (2) or (3) above, or the applicant has submitted such information and statements but such information and statements are found to contain materially false information. (6) Issuance of Permit. The Department shall issue the permit within twenty (20) days of submittal of a fully complete application, if the applicant has submitted all information required in subsection (2) or (3) and none of the facts set forth in subsection (5) is found to exist. R IAI ,yv.,,"GEN RALW-1.—&O d„a—io d—„«r ra;,Chi i-wR p,.I M r..r n-y....d— 9 191 (7) Term of Permit. A pain management clinic permit shall remain in effect for a term of two (2) years. Thereafter, a permit shall be subject to renewal in the same manner that permits are issued initially as set forth in subsections (2) through (6). (8) Appeal. If an application for issuance or renewal of a pain management clinic permit is denied, the applicant shall have the right of appeal as set forth in section 100.06 of this Code. The denial shall be considered a decision of a department head for the purpose of applying section 100.06. An appeal fee shall be paid by the applicant at the time of filing an appeal to the Board. The amount of the fee shall be set by resolution of the Board. The amount shall be sufficient to recover the County's approximate cost of reviewing and acting upon the appeal. (9) Revocation of Permit. A pain management clinic permit shall be subject to revocation in proceedings before the Indian River County Code Enforcement Board or any court of competent jurisdiction, in the event that: a. The information or statements submitted to obtain issuance or renewal of the permit contained materially false information; b. The permit holder, or any Pain Clinic Responsible Party, has engaged in activity prohibited by section 315.03; c. The permit holder, or any Pain Clinic Responsible Party, has been found by any county or municipal board, commission or council, or by any state or federal court, or by any state or federal regulatory body, to have acted with respect to controlled substances a in violation of applicable law; or d. The permit holder, although required to be registered, is no longer registered with the Florida Department of Health, pursuant to sections 458.3265 or 459.0137, Florida Statutes, FloFuda , or no longer holds a current business tax receipt for a pain management clinic, or the controlled substance registration issued by the United States Department of Justice, Drug Enforcement Administration to any person prescribing, administering or dispensing controlled F:Wtt ey UndaIGENFA4LVR--,ria &Ordinance.rl0rdnarrceaWoin ginicsViepea/Mrdical Marjaanadocs 10 192 substances at the pain management clinic has been suspended, revoked or denied renewal. (10) Emergency Suspension of Permit. Upon clear and convincing proof that one or more of the events set forth in subsection (9) have occurred, and upon a finding that continued operation of the pain management clinic presents an immediate danger to the health, safety and welfare of the residents of Indian River County, the Department shall be authorized immediately to suspend the pain management clinic's permit. In such event, the permit holder shall have the right of appeal as set forth in section 100.06 of this Code. The suspension shall be considered a decision of a department head for the purpose of applying section 100.06. All aspects of the appeal shall be expedited. An appeal fee shall be paid by the applicant at the time of filing an appeal to the Board. The amount of the fee shall be set by resolution of the Board. The amount shall be sufficient to recover the County's approximate cost of reviewing and acting upon the appeal. Any emergency suspension pursuant to this subsection shall continue for a period not to exceed six (6) months; provided, however, that if revocation of the permit is sought, the Code Enforcement Board or court of competent jurisdiction in which the revocation request is pending may extend the suspension beyond six (6) months until completion of the revocation proceedings, if necessary to protect the health, safety and welfare of the residents of Indian River County. (11) Change in Information or Statements. The permit holder shall notify the Department in writing of any change in any information or statements submitted pursuant to subsections (2) a. — h+. or (3)a. — d. above, or of any change in any facts or circumstances such that any information or statements submitted pursuant to subsections (2) a. — h4. or (3)a. — d. are no longer completely true and accurate. Such notification shall be provided within thirty (30) days of the change. Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re-lettered and the word F.4ft—ylb.doIGEMER4LIRr.n/.,—&Ordlna-,10,dinancr T—CliniulNep.d Medica/Marjjuanadocr 11 193 ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 6. Effective Date. This ordinance shall become effective upon filing with the Florida Department of State. This ordinance was advertised in the Indian River Press Journal on the 3rd day of January, 2015, for a public hearing to be held on the 13th day of January, 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 Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared the ordinance duly passed and adopted this day of 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Wesley S. Davis, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court Approved as to form and legal sufficiency: and Comptroller By: By: an Reingold, County Attorney Deputy Clerk EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the day of 12015. F At—,y-dnIGENEMLW—hili—&0,4.nwrOMlnu ,c Pain ClinicslRepeo/Mrdcd Mm/uana dacr 12 194 W SCRIPPS TREASURE COAST NEWSPAPERS Indian River Press Journal IT1801 U.S. 1, Vero Beach, FL 32960 .CJPP AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER J `t 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 publshed 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. Ad Pub Customer Number Date Copyline PO# INDIAN RIVER CO ATTORNEY 2667994 1/3/2015 NOTICE MEDICAL MARIJUANA NEWSPAPER E-Sheet® LEGAL NOTICE ATTACHED DO NOT SEPARATE PAGES worn o and subscrib d before me this day of, January 03, 2015, by t who is She Cipnani [X] personally known to me or [ ] who has produced as identification. Sandra Coldren Notary Public ,...'�l!!vy SANDRA COLDREN L( l MY COMMISSION N FF 004035 EXPIRES:April 1 2017 %?„p2�°Pr Bonded Thru Notary Public Underwriters ( A 1345/� TOE A SATURDAY,JANUARY 3.2015 H SCRIPPS TREASURE COAST NEWSPAPERS 10 TC NON SEQUITUR ' v\ MAILMAN'6NELL FICTICIDUS NAME NOTICE OF ACTION NOTICE OF SALE NOTICE OF SALE NOTICE OF MEETING NOTICE OF MEETING NOTICE OF MEETING NOTICE UNDER T,dark al ChMCourt for payment of such yes/FFq Pub:January],1016 FlNOTICE UNAME 100 Ean 0<aan nawn0 expired.Ile Llnaa Fintlley-Nsld T'2669000 uw PURSUANT To Give.,1st N.."U. Dasa wR be foie at g11 ern,NI s ma tree Marren eppmv FIND OUT SECTION 96619, men<RelaUp ns, 1b eb<wn d m, The#1 O FLORIDAsraruTEs Auv.olk..9d,bo-g.mw nates 1a.,- s<nppl Bpara n,1 ABOUTTHE Advertisin lore'Ilk.qn Peti- di-I1 1.Th.highell P10h IIGh:Janus s<natlulatl,BudOd, 9 ry NG TmE Is xHEREM1v 10nx m dine- idtlaer qr lnerwne ndianmwn Miame POWER OF Source For y1EleDNE o ti GIVEN I a[ e Y ee,ner.Il a al no ed of on TCN166W Holl i1lssPoli- y n q e tl,Tali to a° °..a-wez a d.y,�.L Ngo.- x p°"ADVERTISING Recent Home G desi nark e in lain[wil bd<nte ed mG I PM.rY Norica a late DO w bas;ne111��e°m< ae.m.t v°L Janna i6ls's Jan Avg.. yen,nal rn ane,z,00 in Buyers F1 Tic DI r lief demanded v11-FL 32960 O EAUEN '- qe<a all°IelYd °o,cop edmoi au<p "nzc 6]oai33orymM onienr�e 1^h.bienei P_ y k<„.atai„e Treasure Coast O car;L`r i <a�n a0< 'n tnir; L`inyen °Here r ori a1 s< ae.[- Classifieds Treasure Coast FFOU W Pz-m. aaae,r intiudg,°r et public I--p Ina R°e E. Classifieds O Sire.[in[he aunty tlM1rs,arc available al S,nla Alslon-N11d the Florida Sell Ocean Iva., y ^ 4 of Manin,in the[Try a Clerk ql tM1a Cir gds?urn,Nal Stereo t°r a e .<t Florida 34991 uart, 1CPdIrT1.CORl Q` a Intla 1 n DVeic Equ sols 831901u93.909`5 a s classified p m.com chis had a 1 Fl'd 5 . d Y I srB "Ja"Oacy Pub:JanuaTCNz669op3 t L '- n d h a 5 B Mi 4 Fl 6 M1 EIT,b0 10'.15 ,t v p. h h 4 n I d 'C 51 A h I .cix rain W f C 1 I.' LI k 1 h le m`s a NOTICE OF INTENT-PUBLIC HEARING el "da Dapanmenl C ud a off—no P r pu nler0s-N ld k o n o m e f NOTICE Is HEREBY GIVEN tial the.oard C Z J= �.�y✓�- 1 Sraie,Tallanass...li.d pl your uneni Pdd Fum,tool.,Ary S Your 3 W ?r //" Fl°ire,. agar. w1 Pa Inaea D °r g<z�3z sw m eaynW co a loner maga P�< Damd al Iindian awn.p sin this Izwsuit P h:January 3,I BuckM1an 5 r.e;Pon oun^V.FI riea,�s ill onEuc[ nPutilio O I'•' Hpr�aa.1 M zD say a be mooed t.me 2D16 rami Lme,FmMaa. Ultimate <pn<la:..dapdpn pi,prp- U Z 1 D<amber,zoo „ddnu on remrtl at TCNx66e001 paa<a Drdinantt emWed tt� ,+�LEs � + � Dolores Krabe< teclerKs oD.ce. Gladyz Cahoon A105 �'"Publish:January 3,WARNING:Rola KirknWp;,E,D source for AN ORDINANCE OF THE BOARD OF L MI5 .2 6,Florida Fami COUNTY COMMISSIONERS OF INDIAN J�ITCN266B353 <y Law pules°f"IT goben Fene O]50 Lobs CHAPTER 315 5CQUNTOF THERCODEAOFENDING INDIAN enure,regziree ser- 1 Q �l'a'`.:' NOTICE NOTICE lain ab pmac isaw NOTICE OF SALE RDben Fmrara.366 1 RIVEPCDUNTY ENTITLED MAN. N K N TCE TO ALL TIME PERIODS SET sura olldbb 10nl, NOTICE OF GEMENT CLINICS,CDNTRDLLED SUB- IeL IRTEPESTED F03iH IN SECTION PUBLIC AUCTION Ek.-EG(El—Bb homes rANCES AND MEDICAL MARIJUANA' lJ.l ^' ERSOTEINS 03 of THE NOTICE OF ACTION F I `y rase exI r M[0 1 Ta REPEAL REGULATIONS AND PROHwF Q Your role revt n the FLORIDA PROBATE L�THE LRCUT I -In,Ceprdanee w 1 tele[all,d,. 710x5 OF CERTAIN ARNOES RELATING y h b DE WILL RE FOR- T OF THE tons,"Utt ng dc-the pr v s p of Purchases must be Wheels& EDICAL MARIJUANA;AND PRDY D �� O X by IM1e l04 EVER DAPPED. NINETEENTH missal or x1014 w n i ctlM1 tsx a of the uA m—I, stuffs rAN AND SEVEPABILITV,CODIFICATION r of,Cale Lawe There —1.d[M1e lime of ING FOR IN AN.FOR At1B NNTWITHSTANDING JUDICIAL CIRNH plead reps k B be n9 an sa y EFFECTIVE DATE. Q (� O FerAulOn E TIME PERI005 MARTIN LOUNtt, n unPa E char0es Ipr ONLY"All wnt ate pfbnF May SET FORTX ABOVE Dated 1L1Yz unders Breed s ll by n-Id on Tu-stlay Z z�L Z 31,1sz0, .who hued ANY CLAIM FILED Casa No:la-1m)DA CLEHK OF THE L P ramavnd mm tl January 515 am,or as roan ... FINANCIAL a1 611d N.EM1Dre Two OI YEARS OR CUIT COURL entitled m setisly an IY.or Innen icnaneer Treasure lneraan.r as m.dirtier may n.n.am,in e,W-st Bloom MORE AFTER THE owner end 1M1eL Cham hers locates -Id.M cxi DECEDENT'S DATE MARIA DE LEON DE..O CI R dna ei Jen o a 0 I Coast pre phe l I B id Ch—bb, Cvum tl ea Nevem O F D E A T H I s ARCIA P h'.D b ] 99 tlh tlere n rep Ih - tl - < ,lex 1i1 her l0,10 4.There RAPPED. Petboner, 0 4 January] Ees"e d s d 5 sir je<tanp Classifieds Sir,v rp assert,Flo,da 3zn6n ai 2n.n _ nal r.u THIS NOTICE S PU.�°e U G I 1015 l UNCLE BOB'S im<elTaiivn at y It led parties may be eardww • MONEYWANTEO ViCTORx R-TCN]66r99] SELF ET OPAGE t he yrppenv sv.c or m.v...psee pminm.e. ° LI2HOED 'Jan PSpo TEO GO A 1-1—listed below lisle ea net' fedi M1 nH N whom.,b pd. 5 uary Add ill ba sold[a IisN The posed ordin e m y be insp^tsd QT mi meo "ylrat� M1 ]Oeromber1x1114R M1awnB been Bi n liana imp sad M1yufM1. ubli<tlurin0 Abler burl u been nsued.0n I ave Anprnrys lar ihv AMENDED NOTICE o[rte owner o d 5 k a n o m r Sae I I It's Always r1 lB:3D ."' D 5:00 p.m Ma ndar rex xl xnDs CPdnora of,M1e save Trustee FACTION dopd and call age ln0 mher ABB Buyer's lhrpuAM1 Friaayl al lFe Once of[M1e CleM to O arm ere ii.thed[nal valva Sharp,P.e. FOR OISGUL GN NOTICE OF SALE ort �I�InO Cne[ai unlisx: y me Board of[gamy °m<son.rslocm- OF MARRIAXu PUBLIC AUCTION leim ani P1),1114,January 3, ed on the 2nd floor of Building A pl IM1e .n<I'm 1t Al-San PIT.Pg Lis69s) l e 1 1s Market at C romp a cpm,x 1801 2]m tGA CICTOP GO II <Pp—it wi.1 3n.c, sin lire p TCNz66]]62 Sheet Ve Bea 1,11orida. IV `nG iF`r Ale au de flD d,ITT Laka PIA BOTEO tip ItM1 <<of e<i'oa .non L.a[Known ddr., L.I.Taw I GG-Coast i r06 nlaee,md el n l.id<`Neio s sA A W-rea°"r a'own yin ineb n'oan°`wiiire. Classified An 1. rea m,v 'ant e,i-y dtc, th U be lorevel haPred uml 13481x540.2300 R F T "d'1 may be made 'ng '' t SART FL ASW 9TU- h -d—C— Id pMi<duct on Im.airnaw.n s 11"need Ip ensure tart a b E • 1 1 pre l enlea t. Mar9arylD 'I d ism n be10w slated NOTICE OF MEETING w of the proses nA1'1 1, d h'n in Ma rO are,Dewey —n,, er6. eb YOU ARE NOTIFIED owner ntllpr n-Ip<aUOnlsl .the Tse Manin County lode,[e m ny and evidence u a Q Wieienberg rGary,Jon P.EverNy Esq. a1 nacti pr Qei,`lien 0l ane M1iBM1vll bitldder Dd M1ool 90aGd has which the appeal is based. Don '004Blanck,LPA.Cp Strobl®sharp,P.0. Diupl ti n Dinh - p pa n.r'n.ite p narwi a ash-! a e<i,l TREASURE U i u e ITh-n ODE UP"`2t' des re n s oar,mea[- AHc^n'pwho neeedd a ectal accommptla- �. C Cl = n `I3i m rnna Re . n,ebeen I:e 'h a e e pi p weaSae,it ,,lb, COAST < < Ile dale pl pub 81-16d H" nm you and cryo M1 U B b's Jan.,ry 21 2115 a n8 Ipr General but gg u I I M1e d 5 II 5 a 1:p PM. [ 1 Dur Daea on County A W'2h10b'=6R�1`es Ac T n M nB nda3pa B 9p f, CLASSIFIED U U t N i1 lurcher g v Gary Blanck CP0. a p I y 1 I' d Tuesday, nuapry 6, [ADA) aP, I m leas Q) (� (n n Inas the Trust wl S Tmslee 1°Mara De le°n de A d he.n B"earth t°6POPT ST LULIE531 S. ./f1l 2015Th m.1 12A 0 p�e YA r S u Saleor 49lours n advance"I[M1e meet nB. Iter be a a,Pentloner, 1rc owner OI,aitl 31952-]]z-8]a]t91 Held Ile S<xopl INDIAN RIVER COUNTY BOARD OF COUN- U U ngned dna tlis[rib- 39]pl]Mi!e Pa.wAn`ae address is pr°eny and all par- BDa rd Mee[ing 1Y COMMISSIONERS WESLEY S.DAVIS. Q ¢ Q tl 1,IM1e persons Livonia.Ml et 52 190]SE Ins s Stu lespknpwn 10 claim Kiera Franlin-Hdd PDpm,500 E.Dcean Uttlep rt ADMAN NOTICE fled to iL Pub'January].2015 n .Dn or an Ininrest therein, dJ Turn,TVIStarep BI98.Shan,FIDnd,slur er ntee0 with ep Pua January 3,1015 9 Tha Alexander ALL CLAIMS NOT 50 TCN3669342 a ori Binet wntl dna the time sped Equip 34 Ipw coat Treasure TCN266]964 Ferguagn Trun FILED WITHIN THE b'eo'ne 1-131,1 alis tied in ucn n ce BMnany Eallry-N,Id ayW Cl-11- x UxCGLN- ACURA CADILLAC CHEVROLET DODGE HYUNDAI BA MERCURY NISSAN SUBARU VOLKSWAGEN O co50aos usPTR DE ROUTE 60 of Wrto azAscx AWCE WALLACE CE GRIECO NISSAN �YFA SUBARU PRESTIGphE 3veoane st� rtlC eHEYFOI£i HYUNDAI Uservice 35]-6oFa562 al 2]55 sE i5tleral 8sr]5 20"SL to U z TRY ACU wa Vero Beach T]56y9000 zss "The Dye N Z N Z ° ' ni-uo-3wo nz-res-6Doa p dnH onz e o eI s OiVERO USL m dYerau[o mm vera iii e dire w oM.e ai NISSAN mdb .com L bBBlle ao�ys�noorp CHEVROLET al TREASURE 946 SOL m,n cm:,nm LNRYLSER x] COAST MAZDA Vero Beach WAl1ACE .Q vFR cxEvrto FORD CLASSIFIED Spy SRnZDA n2-779-3600 ""WAGE" C a lop s us Nwy 1 a a Ntle ra alA VEJDE FORD r r WpWCE gssAN nw Stu C CADILLAC s]N61-4e0D oneyM.lepume IBB USi°m "TNG Dyer p deral TOYOTA nx'23 F9awT U.. IG A. de5'P° Gatortlrrysler.net L: ern e-rx:oyer iR3ss Slap. JEEP ein1'`"^°' DUlerrnee' TovorDArswx U sdyerxuticom dyerautD.com OF T IlnusaEtabAtw�Ya om a TRis}p000 E rm cx ml rma"Oxm VWLAD O A HONDA LEAUS A as A SCION us CE THEA RDRE COAST —TITS-999 TOYOTo-µ Treasure Cvast 3e1 •L-' 6y JOHNSON UOU li ff 5o a kion Z U N U D ales' m17SR dd— HONDA WA55ECEaEB or Yo aPaa IHwv X1631101 U wvss--.nn,wm ❑ Ol ztw�H 75� nzFler o.L1 'nvsy� ltgn2-xua]pLL sdYOr wawo pn.sw,mliuOO.um ]72-2]0-3600 r se Q cn U a- ra p e Gd�33C�]3��3E1iI( J�Tar,<Iki3 E171�Sfi(�1�3�I�SSI7�t'{S3EiY� J 3-- 1J ,�.,.,,,�ry�,� ,���..q,,.✓,ff�r1�T.�.-, �Yi�Vt�.�rY�vr{}a� r�Y�t�f.�Jr-.fes.-fes r�r g'�r P�- - l)'J:L4f1Y3�t4Yxvll�dSUN�Jaa'LGxk�Y��'O ��Y�3°�ua7l-W.,Gxwu V'-a�aaal/°IF'I^J+P-Juak t"JyJYax `r9 QjQ 1 J' AOULTCME BACKHOE CLEANING CONCRETE FILL DIRT HAJUNG/TOWING LAWN CARE PAINTING POOLSISPAS TILE AC.DE ADEPS CWx 1 NABLMG/LtTAX DP AN American Lawn EWE REFINISHING air W ISEN%TITL INiI STALL 1bS1 HII BIIUld Ease Md"rg, 'colour and A, =b - n/wall Genn/ `maLnVP cp Dr(ve ReliaElp xO Yrz ex4p.` ureryress was�i/ rets/o _ 11einn9,ziiiel - - IC%INS I rrNN Ina]ix resile [Tell Tlb3 x60-0615< L°�/cl cai�id 9Enegde x 5x9 55,3 w ii fa[ ee es1 rex hie 5x tl.vaimC'al eacloa ou`sc/omice/ ALL CONCRETE try Wba<knpe .•ylwsaarm _ Bl O uE cnienrJtmaval4 aYsRatiokY slutic%Ins Px-]to-16Dx HST£VE ALLEN rzmlc ow�o0 HHOME PAINTING lamli3 aognx- Tx+anx-ve< CARPETING ow6 IMPROVEMENTS von.nzu rrs euakry w.n PRESSURE CLEANING srz s N di ea IA-_ ad, GARAGE DODRS B s B ni..tr]u L �o ail Ec A.ova Lt_C. A nuLAn yiisR.l'emVaemod pu�muNC xe Gable p3esR 'rex-5)1-m5iP�ci� �e�p or�ewavi, cU.-ls]Tpci°ssen15 MEDICAL TREE SERVILE asriar°yverplaO RIi�tIs6R"n-�-Ins B DENTAp rea io a mall PI:n.T-ST,-x O ro.roM"es rev ra.M RP.gl-eennefe N.Trxa-saz ° AUL rJvanln Palnlln9 s. 71114 Mc9.6 res�n�arP.�: _ dds ON CARPVE AL AaEvOND uy nz Soho. d.,lb,pnoele< s60ASTIAn ni 9aZelw°I nxAWG'..lRZLMC INS�RF C110N� "•rex-vs-sur o cE; MRCONDITIONING e r q rpy am HANDYPERSON gwuLaw6alig mxpi,I.r�O i p�rary N Alitl `AAC..-LIT Td ullvg I eT6sti r z3x s�rviaa x<�r- A.mt°. HnI:6a[ Kin MOVING ASTORAGE I,PA1n n�TiiixM a q seMw c:u Cnnum=11-L CLOCK REPAIR DRYWALL eary`w%I' SCREENING L _ e e 5. PO1 Rai aAe A O M RESCAFENING araC t� W swtlIJAYsa. HINTOlONS'N RP<ET CL OCCKS BY HO.Ixl � maval m»�wo-]ie i n ar 4 rleb groinc ea'm�sr 4:IPnzaiszmxr m�xar3`yusis psi"w`A63 rairirrsed s.hpp z�'-�zL�Rrse9 PUSrEAINGhNLCO urrcla z ]e {�- yy■�v /i.�aL RR %. E� ntsEarx �n/ n Tory gel uRV RIPeIa cp Nisi11 a6 E - R.M.�oyb ALL dis�>�6yi. v°n[1°se t6 T] f]Bm a ate.p`Nm C <-TIL A1111 des��PE£SEPWCE" iTf ii ion:n`Iasc— ou�asucnnvlR/sle LAND CLEAR/ ]PLceity wri.uii�s e.tnmminyramg- GALxls3A/CI HEAT xap]yfx s EED FWxMT FILLING PAINTING.. nxslMaxss IR lmer:nrcps5 Tal:x16 q COMPUTER PCLEANLiNnsciY cle=s�si NO CHANGE IF CLEANING [[aamr n LuuE A A W.PAINTING IC eM x PUim erP�Mlrepaln hC anln t/ ex enc 'L UPI vlsaer SERVICETIAll,'P,and nus6as5.M Pock mllll� 1-1.1suh V. s�L n p.fA oils cerci rnrtrlm Rn a 9tichrls9s A]s6 lets eve sell no l°ntger wantM Q ` mn1-,ea u `�OIZL-,Sz er zeiveice f'ss Home m �' P Iwark�ni x¢gSrix3x 3z1-lxm clan[ s s AS m63 'zzz� 1e0x ELECTRICAL y PLUMBING Ta ziF Eo sT There's MUslc in G -En ` Em UPHOLSTERY classified IOTT Ixs�M� E. ELECTRIC Min1EC nmaesetl ,dR perviceae-pairs AdvMising! Xe ele:an�9. ry°yse eaElAlz.Pe al ppb T'npgM u%s gMs`-xios uCxu lR �[%16axA`�s wk ary Find anything a ordea seMwsLP�E` G^s'�'TdE— :DSCAUBA%NCR. c°•s :caizpzing C. .p Irom Pianos uceil rix-1121111ceR ub11Yr H HAULINGITGWING WCE1 TILE lid W.Id�it°re ".TLrP tt—! p—`— l°° {ialP. I.Percussion. xO/z�I CL. aam@Iltrs TROY COTT Igo OANIFL•s AUOxO �1Enz 01llAuTH L` utlry° gIICYJnEs.111-1 HnkJ.nyylIn Yu zein Treasure tarsi e 0 M1e<_Re all]]1.io1 HSL uleanRw azsi a s.tFair Pr cecall N.lbU-TAuovnet.aenll A }i PazAT 'Ld C El atnr "I l INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b)• as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Bill Rigby ADDRESS: 8465 59`h Avenue PHONE: 772-501-4753 SUBJECT MATTER FOR DISCUSSION: Robert Rule of Order and Procedures IS A PRESENTATION PLANNED? YES NO IS BACK-UP BEING PROVIDED YES NO IS THIS AN APPEAL OF A DECISION YES NO WHAT RESOLUTION ARE YOU Change procedure adopted on a specific issue that was approved in REQUESTING OF THE COMMISSION? 2009 ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: n Interactive Web Form COUNTY ADMINISTRATOR E-Mail s,�'. Fax Joseph A. Baird l Mail MEETING DATE: 3 Of Hand Delivered Phone Documem2 Board Approved 11/7/06 195 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION 7f REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(9)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Fred Mensing ADDRESS: 7580 129`h Street,Sebastian,Fl PHONE: 772-532-6035 SUBJECT MATTER FOR DISCUSSION: Potential Lawsuit against County and Others IS A PRESENTATION PLANNED? YES NO IS BACK-UP BEING PROVIDED YES NO IS THIS AN APPEAL OF A DECISION YES a NO WHAT RESOLUTION ARE YOU Settlement Agreement or Suit will be riled and Action to Governor to REQUESTING OF THE COMMISSION? have Commissioner O'Bryan, Zorc,Solari removed from office for Causing Suit. ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES a NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: , �I Interactive Web Form , E-Mail COUNTY ADMINISTRATOR: X Fax o eph A. Baird Mail MEETING DATE: / January 13,2015 Hand Delivered v Phone F.Tounty AdminT.xecAsstWGENDATublic Discussion Items Form doc Board Approved 11,7/06 196 Dylan Reingold ��•�• From: Fred. Mensing [fdmensing@att.net] Sent: Monday, January 05, 2015 5:54 PM To: Dylan Reingold Subject: Re: Settlement 1 if IRC in any way vacated any part of land taken by Resolution 2008- 043 east of power line rd (129th St) In the next 99years IRC WILL PAY TO ME OR MY DESENDENTS $175,000 plus interest at judgement rate 2 IRC will pay to me and Johnny Leon Davis 90,000 dollars for a total release of all claims to date of closing 3 IRC WILL RELEASE ALL LIENS IT HOLDS AND HAVE THE STATE DO LIKEWISE 4 this offer is only good. For seven Days of delivery by Email unless Mr Reingold shows good faith toward Settlement 5 this settlement is to stop suits against. State of Fla IRC PRESENT AND PAST COUNTY COMMISSIONERS. WHELER ZORK O'Bryan Solire For aiding the Kirrie klan in getting My lot 15 sec 30 Fleming grant Killing my wife Rita Theft if property for road of no value Knowing full well that it made it impossible to finance property The refusal of the county via its attorney Wm Collins to subtagate Liens as per a 2003 court settlement Me Collins had alterior motive as I if a county commissioner would have tried to move him to ast county Attorney a fact well known to him And brought on a younger lead Attornery. Note mr Collins never got Court approval or brought it to the county commissioners for approval Violation of my property rites Violation of my civil rites Violation of my constitunal rites This litigation will be in both Federal And state courts as some counts Are US Stautes and exempt from Sovernunity Note each person and entity will be served as separate actions and between real damages and punitive Damages I will ask for in excess of ONE MILLION DOLLARS EACH DEFENDENT AND HOPFULLY THE FEDERAL COURT WILL ALLOW THE STATE ACTIONS TO BE INTGRATED IN TO THE FEDERAL ACTION THIS ALSO SERVES AS FORMAL NOTICE OF IMPENDING SUITS TO BE FILED IN 30 days unless A settlement is finalized with in This 30 days window Johnny Leon Davis Jr Frederick D. Mensing. 3d Sent Jan 5. 2015 by E Mail And sent to Gov Rick Scott By Email Jan 6. 2015 Sent from my iPhone > On Dec 31, 2014, at 11:46 AM, Dylan Reingold <dreingold(@ircgov.com> wrote: > Fred, > Good morning, sir! in reviewing our files we found the following additional documents that although are not directly responsive to your public records request, were close enough to send to you. i BOARD OF COUNTY COMMISSIONERS OFFICE OF COUNTY A TTORNE Y O S William G.Collins II County Attorney q �.. . William K.DeBraal,Deputy County Attorney Marian E.Fell,Assistant County AttorneyI y George A.Glenn,Assistant County Attorney * �-+► �k �IORIO�' FROM: William G. Collins II FAX County Attorney Indian River County TO: Mr. John Taylor 180127 th Street BANK OF AMERICA Vero Beach, FL 32960 (Bellevue, WA) phone: 772-226-1425 FAX: 866-205-3547 fax: 772-569-4317 No. of pages including cover sheet: 8 Date: February 11, 2008 IREMARKS: ❑ Urgent ❑ For your review ❑ Reply ASAP ❑ Please Comment Re: MENSING REVERSE MORTGAGE 1. Please note paragraph 14 of Stipulated Settlement 2. As a reverse mortgage takes equity out of the property, I don't consider it equivalent to a refinance which would pay down debt and increase equity in the property. 1801 271h Street,Vero Beach,Florida 32960-3365- (772) 226-1424 Fax(772) 569-4317 I ircattomey@ ircgov.com 6 1489272 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 1655 PG: 1689, 11/06/2003 11:35 AM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA CASE NO.: 2002 0445 CA 09 JUDGE: ROBERT A.HAWLEY INDIAN RIVER COUNTY,FLORIDA, a political subdivision of the State of Florida, FILED I14 d/F',E�PI/CCS IRT Plaintiff, nate By VS. FREDERICK D.MENSING,aka FREDERICK D.MENSING, III,aka FREDERICK D.MENSING 3d,and RITA MENSING,his wife;and FREDERICK D.MENSING,3d,as Trustee of Johnny L.Davis,Jr.(a minor);and CHRISTOPHER N. KIRRIE,as Trustee of the Christopher CJ N. Kirrie Trust,dated June 20, 1995, Defendants. STIPULATION FOR SETTLEMENT Plaintiff, Indian River County, Florida, a political subdivision of the State of Florida (hereinafter County), and Defendants, Frederick D. Mensing, aka Frederick D. Mensing,III, aka Frederick D.Mensing 3d and Rita Mensing,his wife; and Frederick D. Mensing, 3d, as Trustee of Johnny L. Davis, Jr. (a minor), (hereinafter Mensings) hereby stipulate and agree as follows: BK: 1655 PG: 1690 1. This suit involves the foreclosure of code enforcement liens against certain real property of Mensings which Mensings claim to own within the North County Conservation Area,and for injunctive relief to enjoin those code enforcement violations. 2. Mensings have counterclaimed that they have suffered certain damages by virtue of County timbering certain strips of lands which they claim to own within the North County Conservation Area, and denial of access to those strips of land among other things. 3. It is mutually advantageous for the parties to resolve their disputes by a settlement agreement. 4. County will move the gate at the southerly terminus of 130'' Avenue (Gibson Street) south 20 feet within 10 days of execution of the agreement in order to allow Mensing to access his property over that 20-foot right-of-way granted by General Development Corporation to Indian River County over the northwesterly 20 feet of Lot 19,A.A. Berry Subdivision (O. R. Book 249, Page 343, Public Records of Indian River County,Florida). 5. County will grant Mensings a non-exclusive easement over the aforesaid 20-foot right-of-way at the northwesterly end of Lot 19 between 130'h Avenue and Mensings'Lot 15 within 30 days of the execution of this Settlement Agreement. 6. Within 30 days of the execution of this Settlement Agreement,County will deliver to Mensings $5,000.00 and the aforementioned easement in exchange for Mensings' quit-claiming to County any and all interest they may have by virtue of Quitclaim Deed from August B.I(Irchoff III to Frederick D.Mensing III dated July 2, 1990 and recorded in O.R. Book 1015, Page 814, Public Records of Indian River County, 2 F:%altangManaADOCS\UTVnensN code mdorcurwa adp sedWnenMdoc 19G •5 BK: 1655 PG: 1691 Florida ('IGrchoff Deed') or may claim under the April 4, 2001 agreement between Mensing and IGrrie, less and except those portions of Parcel 3 as described in the Kirchoff deed bounded by Lots 10,11, 12,13,14,15,16, 17, 18 and 19 of Section 30 of the Fleming Grant Subdivision. Mensings further agree to release all claims to property within the North County Conservation Area. Mensings will further quitclaim to County any and all Interest they have by virtue of a Quitclaim Deed from OREO, Inc. to Frederick D.Mensing, III dated May 15, 1995 and recorded at O.R. Book 1059, Pages 2410 and 2411, Public Records of Indian River County, Florida. Mensings represent that they have not transferred or encumbered any of such interests or claims to any third parties (except Parcel 2 of the Kirchoff Deed)and Mensings shall not transfer or encumber any of such interests or claims prior to the transfer to the County hereunder. 7. Within 30 days after closing Mensings will submit their completed petition for annexation to the City of Sebastian. S. Subsequent to petitioning for annexation of the south 4 acres of Lot 15 into the City of Sebastian, but prior to completion of annexation, Mensings will apply to Indian River County for rezoning of the north 1 acre of Lot 15 to ROSE-4 or other appropriate residential district 9. Mensings will clean up and remove all junk,trash, debris, equipment and vehicles on the north 1 acre of Lot 15 within 30 days of execution of the agreement. 10. All the above-referenced junk, trash, debris, equipment and vehicles removed from the north 1 acre will be segregated into two categories. Junk,trash and debris are to be moved to landfill from Mensings' Lot 15 within 120 days of the execution of this agreement Operating vehicles and equipment which may be of utility 3 p_ slop coda wd&cmwrA sdp seZem&,A3Aoe BK: 1655 PG: 1692 to industrial uses in areas within the City of Sebastian should the Mensings'property be annexed,will be moved to the south 4 acres of Mensings'Lot 15. 11. Mensings will construct a fence screening the south 4 acres of Lot 15 within 150 days of execution of this agreement. 12. By November 1,2004 Mensings'property will be annexed into the City of Sebastian. If that Is not accomplished, non-personal/use vehicles and all non- residential/non-agricultural equipment will be removed from Lot 15 within 60 days of November 1, 2004. ff Mensing is proceeding with the annexation in good faith and delays beyond November 1, 2004 annexation are caused by the City, the County will entertain reasonable extensions of time to allow the annexation to be completed. Notwithstanding the above, if the City denies annexation prior to November 1, 2004, then all non-personal use vehicles and all non-residential/non-agricultural equipment will be removed from Lot 15 within 60 days of the date of denial. 13. Mensings hereby release the County, Its officers, employees, commissioners, staff, agents, including Rod Reed who has done surveying work for both parties,contractors, attorneys and any and all parties from any and all claims and liabilities of any type whatsoever arising under state or federal law, which claims are now pending or could be brought in the future involving this Case Number 2002-0445- CA-09 and matters ancillary thereto. 14. County will subordinate its Code Enforcement Board lien to allow Mensings to refinance first and second mortgages. County will release its lien upon annexation or Mensings'performance of cleanup. 4 F:1a 'ng code entorcwnwnt slip setlwnenl3Aoc 196 .1 SK: 1655 PG: 1693 . 15. Mensings agree to withdraw their objection to the separately negotiated Stipulation for Settlement between defendant C. N.I(inie and Indian River County. 16. County agrees to pay the Mensings'share of the mediator's fee. 17. During the pendancy of this action Johnny L. Davis, Jr. has transitioned from being a minor to the age of majority,and as such,is signatory to this Stipulation of Settlement. 18. The Court shall retain jurisdiction for the purposes of enforcing the terms and conditions of this settlement, or for further proceedings, as appropriate. If any dispute should arise relating to whether a particular item of personal property is required to be removed from Lot 15,the parties stipulate that the court may take a view of Lot 15 and the particular items)of personal property in dis mile. INDIAN RIVER COUNTY,FLORIDA, FRE RI D.MENSING,aka a political subdivision of the State of FRE RI D.MENSING,III,a Floridan (BCC (approved/a Ajo FRE RI D.MENSING By. ZC- Av .I By: Wiliam G.Collins II County Attorney Dated: Z I er 2- �.T Dated: ie- RITA MENSING By: liX�ir .Rwt.4(.rtiy CLEM,POLACKWICH, LLE& Dated: 2 0 BERG,L.L.P. FRED ICK ENSING,3D as By: ' Trusts of J y L.Davis,Jr. Alan S.Polminor 3333 20s'Street Vero Beach,FL 32960-2469 By: Telephone:772-562.8111 Dated: Attorneys for Plaintiff County Dated: (0 - i 7-03 5 F, cods�Maramxt atlp�rwM3.doc i9�•`d BK: 1655 PG: 1694 JOHNNY L.DAVIS,JR. (an emancipated adult) BYr Dated: 6 F, ma.eMaam.M Wp�mrM3.doc BK: 1655 PG: 1695 ORDER APPROVING STIPULATION FOR SETTLEMENT The parties having stipulated and the Court approving same, it Is ORDERED AND ADJUDGED that the above and foregoing Stipulation for Settlement Is hereby approved and the parties thereto are hereby ordered to comply with said Stipulation for Settlement This Court reserves jurisdiction for the entry of further orders to enforce said Stipulation for Settlement. DONE AND ORDERED at Vero Beach, Indian R* r County, Florida,this day of 0� 2003. ROBERT A.HAWLEY,Circuit Judge Copies furnished: Man S.Polackwich,Sr. Clem.Polackwich,Vocelle&Berg,L.L.P. Attorneys for Plaintiff County 3333—20'h Street Vero Beach,FL 32960-2469 Defendant FREDERICK D. MENSING 7580 12EP Street SebastIan,FL 32958 Defendant RITA MENSING 7580 1290'Street Sebastian,FL 32958 Defendant FREDERICK D.MENSING,3d as Trustee of Johnny L.Davis,Jr.(a minor) 7580 1 29h Street Sebasban,FL 32958 Gary Holland,Esq.and Warren W.Dill,Esq. Attorneys for Defendant Kirrie 1515 U.S.Highway 1.Suite 201 Sebastian,FL 32958 7 F.AahonleyvwcyM)OCSV-rt4norksing code enkrowrwd sdp"llemerd1doe TRANSMISSION VERIFICATION REPORT TIME 02/11/2008 17:25 DATE,TIME 02/11 17:23 FAX N0./NAME 918662053547 DURATION 00: 02: 13 PAG (S? 08 RESULT OK MODE STANDARD ECM 196. 1 Print Form INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.070: limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: ADDRESS: &-,,,A� ,\PHONE �1 SUBJECT MATTER FOR DISCUSSION: !l �� C�i` Ca �,� �c�ir- t �C�. \ �� Ulr✓r1,�� F c�4-, IS A PRESENTATION PLANNED? ff� Ye s No IS BACK-UP BEING PROVIDED? Yes ❑ No IS THIS AN APPEAL OF A DECISION? ❑ Yes ❑ No WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? ❑ Yes I X No WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: /7 j Interactive Web Form l E-Mail COUNTY ADMINISTRATOR: Fax oseph A.Baird _ Mail Hand Delivered MEETING DATE: Phone 197 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Joe Paladin,Black Swan Consulting and Entitlement Corp. ADDRESS: 6450 Tropical Way,Vero Beach, FI PHONE: 321-693-6506 SUBJECT MATTER FOR DISCUSSION: Update on Clean-up project on 45`h Street,Gifford. AAA Salvage Site IS A PRESENTATION PLANNED? YES NO IS BACK-UP BEING PROVIDED YES NO IS THIS AN APPEAL OF A DECISION YESXa NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Update Only ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: �> Interactive Web Form E-Mail COUNTY ADMINISTRATOR Fax Joseph A. Baird Mail MEETING DATE: (� Hand Delivered Phone DocumenC Board Approved 11/7/06 198 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICW; Community Development Director THROUGH: John McCoy, AICP; Chief, Current Developm�en FROM: Ryan Sweeney; Senior Planner, Current Development DATE: January 5, 2015 SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of January 13, 2015. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: January 20,2015 1. Beth Ann Atamer's Request for Special Exception Use and Conceptual Planned Development(PD)Approval for a Project to be known as Hampton Woods East[PD-14-09- 10/ 95050141 -72802] [Quasi-Judicial] RECOMMENDATION: The above referenced public hearing item is provided for the Board's information. No action is needed at this time. APPROVED AGENDA ITEM: Indian River Co. ApprAvpd Date Admin. FOR: January 13, 2015 Legal , Bud et 6 115 BY. Dept. Risk Mgr.-- - 199 F:\Community Development\CurDev\public hearings\BCC\2015\I-13-15 public hearing notice to board.doc 1 PUBLIC NOTICE ITEMS: 1/13/15 Ofce of z x INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney DATE: January 5, 2015 RE: Public Notice of Public Hearing Scheduled for January 20, 2015 to Consider Adopting a Resolution with regard to Electing to Use the Uniform Method for the Levy, Collection, and Enforcement of Non Ad Valorem Assessments to Recover Costs of Street Lighting and Maintenance in the Oceanside Replat Subdivision Area The Board of County Commissioners will hold a Public Hearing in the County Commission Chambers on Tuesday, January 20, 2015, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of a proposed resolution entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ELECTING TO USE THE UNIFORM METHOD FOR THE LEVY, COLLECTION, AND ENFORCEMENT OF NON AD VALOREM ASSESSMENTS PURSUANT TO FLORIDA STATUTE 197.3632 TO RECOVER THE COSTS OF STREET LIGHTING AND MAINTENANCE IN THE OCEANSIDE REPLAT SUBDIVISON AREA. /nhm Approved for January 13,2015 BCC Meeting Public Notice Ite Indian River Co. ApRrQved Date Admin. COUNTY ATTORNEY Co.Afty. I Budget De artment _ Risk Management 200 PUBLIC NOTICE ITEMS: 1/13/15 Office of z INDIAN RIVER COUNTY +� ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney J U DATE: January 5, 2015 RE: Public Notice of Public Hearing Scheduled for January 20, 2015 to Consider Adopting a Resolution with regard to Electing to Use the Uniform Method for the Levy, Collection, and Enforcement of Non Ad Valorem Assessments to Recover Costs of Street Lighting and Maintenance in the Oslo Park Area The Board of County Commissioners will hold a Public Hearing in the County Commission Chambers on Tuesday, January 20, 2015, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of a proposed resolution entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ELECTING TO USE THE UNIFORM METHOD FOR THE LEVY, COLLECTION, AND ENFORCEMENT OF NON AD VALOREM ASSESSMENTS PURSUANT TO FLORIDA STATUTE 197.3632 TO RECOVER THE COSTS OF STREET LIGHTING AND MAINTENANCE IN THE OSLO PARK AREA. /nhm Approved for January 13,2015 BCC Meeting Public Notice Items Indian River Co. Approved MjDate Admin. COUNTY ATTORNEY Co.Afty. Budget Department Risk Management 201 PUBLIC NOTICE ITEMS: 1/13/15 tv Of ce of x INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners �y FROM: William K. DeBraal - Deputy County Attorney DATE: January 5, 2015 RE: Public Notice of Public Hearing Scheduled for January 20, 2015 to Consider Adopting a Resolution with regard to Electing to Use the Uniform Method for the Levy, Collection, and Enforcement of Non Ad Valorem Assessments to Recover Costs of Street Paving and Maintenance in the Oceanside Replat Subdivision Area The Board of County Commissioners will hold a Public Hearing in the County Commission Chambers on Tuesday, January 20, 2015, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of a proposed resolution entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ELECTING TO USE THE UNIFORM METHOD FOR THE LEVY, COLLECTION, AND ENFORCEMENT OF NON AD VALOREM ASSESSMENTS PURSUANT TO FLORIDA STATUTE 197.3632 TO RECOVER THE COSTS OF STREET PAVING AND MAINTENANCE IN THE OCEANSIDE REPLAT SUBDIVISON AREA. /nhm Approved for January 13,2015 tin Public Notic s Indian River Co. AP oved Date Admin. iiYAK LINTY ATTORNEY Co.Atty. Budget Department Risk Management _ 202 Departmental Matters Indian River County Inter-Office Memorandum ''+ ,rte L i Office of Management and Budget TO: Members of the Board of County Commissioners DATE: January 7, 2015 SUBJECT: Funding Request—Additional Position for Problem Solving Courts FROM: Jason E. Brown Director, Management & Bud et Background The County has received a request from Court Administration to fund an additional court program specialist position to provide case management support for the 19th Judicial Circuit's problem solving courts. Currently the 19th Circuit has 16 problem solving courts including; 11 drug courts, 3 mental health courts and 2 veterans courts (after the recent addition of a mental health court in Indian River County). The total estimated cost of this position is $53,579 per year. Indian River County is responsible for 23% of Circuit expenses in accordance with our interlocal agreement. Therefore, the County's share of this cost would be $12,324 per year. The remainder of this expense will be shared between the other three counties (St. Lucie, Martin, Okeechobee) in the Circuit. County staff has several concerns regarding this request as follow: 1. This expense was not included in the budget request for the current fiscal year. This request was due in April, in accordance with the interlocal agreement between the Circuit and the four counties. Furthermore, County policy prohibits mid-year budget requests. Adherence to this policy is important to prevent numerous agencies from submitting funding requests throughout the year. 2. The Board of County Commissioners recently approved $100,000 for a mental health court pilot program scheduled to begin on January 1, 2015. The request references this additional problem solving court as part of the justification for its need. It is important to note that Court Administration states that this position is needed to support several problem solving courts that have been added in recent years. Nevertheless, the addition of Indian River's mental health court was cited as the principal reason for why this position was not included in the initial budget request. This further illustrates the need to adhere to the annual budget process where the impact of adding funds in one area may result in additional expenses in another area. 3. It appears that this position should be funded by the State as staffing for the court system is not a local responsibility, but rather the responsibility of the State. Staff has inquired why this position would not be funded by the State. Court Administration responded by stating that the State has not provided funding for new positions for years. It seems that this could be a situation where the State is not adequately funding staffing for the court system. The County should not be asked for funding because the State is not adequately funding the Court system. This sets a dangerous precedent for other State and non-profit agencies to request County funding when their requests to the State are not fully funded. 203 Board of County Commissioners Page 2 of 3 January 7, 2015 Funding Court Administration has mentioned Court Innovations as a potential revenue source for this expense. Court Innovations are funded by a portion (25%) of a $65 additional court cost charged to all persons who are found guilty or plead guilty or no to contendere, for any felony, misdemeanor, delinquent act or criminal traffic offense in the County in accordance with Section 939.185, Florida Statutes. The Statute provides that these funds shall be allocated to fund innovations, as determined by the Chief Judge of the Circuit. The County currently receives approximately $26,500 per year from Court Innovations funds. The current year budget already includes an appropriation of$46,143 for Court Innovations expenses. This will result in the expenditure of significant reserves to balance the budget this year. While the additional funding request is relatively minor from an absolute standpoint, it would raise total expenses to $58,466, which is over double the anticipated revenue for the year. This situation is not sustainable, and will result in the use of all available reserves over a short period of time. County staff is concerned that once the Court Innovations funds are exhausted, the responsibility for this expense will fall on the County's General Fund. Staff does not support the use of County General Fund dollars to fund expenses that are a State responsibility. It should be noted that the County's ability to direct the Court's use of Court Innovations funds appears to be limited. However, staff would recommend that these expenses be restricted to Court Innovations funds only. If Court Innovations funds are insufficient to fund this and other expenses of the Circuit, then funding from the General Fund should not be approved. Alternatives Alternative 1 - Authorize the use of Court Innovations to fund this request for fiscal year 2014/15 in the amount of $12,324 considering that the County has a limited ability to direct the use of these dollars. This funding authorization should include the caveat that the County does not intend to make General Fund dollars available if reserves are exhausted in the future. Request that Court Administration submit this position for State funding next fiscal year to avoid the drawdown of reserves in the near future. Alternative 2 —Approve the funding request from Court Innovations funds. Alternative 3 — Deny the funding request and request Court Administration submit this position for State funding as this is a more appropriate funding source. Staff Recommendation Staff recommends that the Board approve Alternative 1 to authorize the use of Court Innovations to fund this request for fiscal year 2014/15 in the amount of $12,324 considering that the County has a limited ability to direct the use of these dollars. This funding authorization should include the caveat that the County does not intend to make General Fund dollars available if reserves are exhausted in the future. Staff recommends that Court Administration submit this position for State funding next fiscal year to avoid the drawdown of reserves in the near future. 204 Board of County Commissioners Page 2 of 3 January 7, 2015 Attachments Letter dated December 22, 2014 from Court Administration Letter dated December 10, 2014 from Office of Management & Budget Initial request for funding from Court Administration, dated November 21, 2014 APP 9VED AGENDA ITEM: r BY: .� t / Jose . Baird County Administrator y FOR: January 13, 2015 Indian River County Approved Date Administrator g �� County Attorney Budget ( 7 Department 205 ADMINISTRATIVE OFFICE NINETEENTH OF THE COURTS x �_ r. JUDICIAL CIRCUIT Thomas A. Genrrng Trial Court Administrator DEC 2 9 2014 December 22, 2014 Jason E. Brown Director, Management & Budget Indian River County 1801 27th Street Vero Beach, Florida 32960-3388 Re: December 10, 2014 letter regarding funding request Dear Mr. Brown: My office has received your letter and the questions regarding our funding request. Please see the responses below: 1. It appears that this position was not included in your request for the current fiscal year budget. When was the need for this position identified? Was this need not anticipated at the time the budget request was submitted? Response: We would have liked to have submitted this position request in our annual budget request submitted on or about April 1, 2014. Unfortunately, Chief Judge Levin and I were not aware of the anticipated implementation of a Mental Health Court in Indian River County until October 2014. It is my understanding that a presentation on the Mental Health Court was brought before the BOCC on November 4, 2014. 2. The County recently approved a request to establish a pilot program for a Mental Health Court in the County, effective January 1, 2015. Your funding request states that this position is needed to support the problem solving courts, and references a new Mental Health Court in Indian River County. Is this new court the primary reason for the need for an additional position? Response: A number of additional problem solving courts have been added throughout the circuit in the past couple of years. Staffing has been stretched, but manageable. As numbers of participants in problem solving courts increases along with additional problem solving courts, the workload of staff supporting the courts increases. So the answer is not a simple yes. Chief Judge Levin has been very cognizant of the financial burden the courts place on local communities, and has not wanted to increase that burden. He is also very aware of the great amount of good that problem solving courts do for local governments (reducing the daily cost of incarceration and medical costs by keeping participants out of jail), local communities, the individual participants, and their families. Problem solving court participants who complete the court programs leave as stable productive members of our communities, and are not likely to engage in criminal behavior. The benefits of problem solving courts are like the ripples from a pebble dropped into still waters, they keep going. 250 N.W.Country Club Drive. Suite 217 • Port St. Lucie,FL 34986 • (772)807-4370 • FAX(772)807-4377 206 Jason E. Brown Page 2 of 3 3. The Court Innovation Fund had a balance of about $103,311 at the end of last fiscal year (9/30/2014). Therefore, there are currently sufficient dollars to fund the request for this fiscal year. County staff is concerned about using this funding source over the long term. The Court Innovations fees provide revenue of about $26,500 per year. The current year budget already includes an appropriation of $46,143 from Court innovations, which will result in the expenditure of significant reserves to balance the budget this year. With the additional request, total expenditures would rise to $58,466, which is over double the anticipated revenue for the year. This will result in the use of all available reserves from the Court Innovation Fund over a short period of time. Indian River County does not recommend funding these expenses from the County's General Fund. Over the long run, it appears that Court Innovation Funds will not be sufficient to maintain this spending level. What is the Circuit Court's recommended fiinding source for this expense once Court Innovation Funds are exhausted? Response: As we indicated in the request, finds might be obtained from the Court Innovation Fund, or other available resources. Chief Judge Levin fully understands that the Court Innovation Fund is not an endless source of money, and would rather that fund be used to support a local requirement such as this position. However, where there are insufficient revenues in the Court Innovation Fund, and the benefit from the problem solving court is directly associated with the local community, it would seem that we might be able to find the $12,323.17 needed. Currently, 74 individuals participate in problem solving courts in Indian River County. The cost for these individuals to be in Indian River County Jail for as little as 3 days would be at least $13,320 assuming no medical issues. The problem solving courts in Indian River County have already saved Indian River County far more than the amount needed for this position. Unfortunately, we are not aware of the status of potential finding sources and seek your assistance in identifying any possible funding source which may hind this request. 4. It appears that this position is related to the Court system in general. Why is this not a State-funded expense? The request anticipates substantial savings based upon reduced jail time due to the problem solving courts. It would seem that these problem solving courts will reduce strain on the judicial system as well due to reduced recidivism. In light of this, it would appear to be a reasonable expense for the state to support. Response: Actually, it is not a position that is a general court position. In fact, problem solving courts are very work intensive, not only for the judge presiding over the court, but for all of the team members who participate in making the problem solving courts successful for the individual participants, their families and the community in which they live. Case managers working in problem solving courts only work on cases in those courts, and not work on other general criminal cases. This work is special, and specifically directed towards the betterment of the local community. While it is true that problem solving courts are very successful in reducing recidivism, the greatest benefit is the holistic benefit to the individual, family and community. 250 N.W. Country Club Drive, Suite 217 • Port St. Lucie, FL 34986 # (772)807-4370 # FAX(772)807-4377 207 Jason E. Brown Page 3 of 3 As far as the State Legislature funding this position, we have not received funding for new positions from the State for years. This position would fit within the local requirements provisions of s. 29.008(2)(a)2., Florida Statutes. We greatly appreciate the hardships that the counties have endured during the last six or seven years, and the hardships that the members of our communities have endured. Now we have an opportunity to do better, and provide a structured and monitored environment for those with life challenges who have run afoul of the law, to positively and effectively re-integrate into our communities. In addition, Chief Judge Levin and I have been painstakingly careful and conservative with our spending of local funds. We have obtained funding approval from Okeechobee County, Martin County, and anticipate obtaining funding approval from St. Lucie County for this position request. If we do not obtain funding approval from Indian River County, the result may be a need to limit further expansion of problem solving courts in the 19th Judicial Circuit, which would be detrimental to prospective participants, their families, or our communities. Respectfully submitted, I V Thomas A. Genung cc: The Honorable Steven J. Levin, Chief Judge Joseph A. Baird, County Administrator, Indian River County Paul B. Kanarek, Circuit Judge Robert L. Pegg, Circuit Judge Robert A. Hawley, Circuit Judge David C. Morgan, County Judge Joe A. Wild, County Judge 250 N.W. Country Club Drive, Suite 217 • Port St. Lucie, FL 34986 • (772)807-4370 • FAX(772)807-4377 208 BOARD OF COUNTY COMMISSIONERS 1801 2711 Street, Vero Beach, Florida 32960-3388 ��CD Office of Management & Budget 0 '� Telephone: (772) 226-1214 December 10 2014 Thomas A. Genung, Esq. '`Q Trial Court Administrator /_ 19'' Judicial Circuit 250 NW Country Club Drive, Suite 217 Port St. Lucie, FL 34986 Re: Funding Request Dear Mr. Genung: The Budget Office has received your e-mail, dated November 21, 2014, which requests funding approval for a court program specialist position to provide case management support to your problem solving courts. County staff has several questions regarding this request. 1. It appears that this position was not included in your request for the current fiscal year budget. When was the need for this position identified? Was this need not anticipated at the time the budget request was submitted? 2. The County recently approved a request to establish a pilot program for a Mental Health Court in the County, effective January 1, 2015. Your funding request states that this position is needed to support the problem solving courts, and references a new Mental Health Court in Indian River County. Is this new court the primary reason for the need for an additional position? 3. The Court Innovation Fund had a balance of about $103,311 at the end of last fiscal year (9/30/2014). Therefore, there are currently sufficient dollars to fund the request for this fiscal year. County staff is concerned about using this funding source over the long term. The Court Innovation fees provide revenue of about $26,500 per year. The current year budget already includes an appropriation of $46,143 from Court Innovations, which will result in the expenditure of significant reserves to balance the budget this year. With the additional request, total expenditures would rise to $58,466, which is over double the anticipated revenue for the year. This will result in the use of all available reserves from the Court Innovation Fund over a short period of time. Indian River County does not recommend funding these expenses from the County's General Fund. Over the long run, it appears that Court Innovation Funds will not be sufficient to maintain this spending level. What is the Circuit Court's recommended funding source for this expense once Court Innovation Funds are exhausted? 209 Thomas A. Genung, Esq, December 10, 2014 Page 2 of 2 4. It appears that this position is related to the Court system in general. Why is this not a State-funded expense? The request anticipates substantial savings based upon reduced jail time due to the problem solving courts. It would seem that these problem solving courts will reduce strain on the judicial system as well due to reduced recidivism. In light of this, it would appear to be a reasonable expense for the State to support. If you would like to discuss this matter further, please contact me at (772) 226-1214. Sincerely, Jaso E. B own Dire o , a agement & Budget cc: Joseph A. Baird, County Administrator 210 From: Thomas Genung [mailto:GenungT@circuitl9.org] Sent: Friday, November 21, 2014 9:15 AM To: Joe Baird Cc: Steve Levin; Jason Brown; Marc Traum; Erick Mershon; Corrie Johnson Subject: Budget Amendment Request Dear Joe, I hope this email finds you well. Chief Judge Levin has asked me to seek funding approval for a court program specialist position to provide case management support to our problem solving courts. Please see the attached position description and Position request form (for St. Lucie County). We are asking that this issue be brought before the Indian River County SOCC at the earliest opportunity. Justification: The 19th Judicial Circuit Court is seeking a court program specialist position to assist in supporting judges in the current 15, and soon to be 16 problem solving courts in operation throughout the circuit. On any given day, there is an average of 436 individuals participating in the 15 current problem solving courts throughout the circuit. The need for problem solving courts is growing. Problem solving courts have significantly impacted our communities in very positive ways. Currently there are 11 drug courts, 2 mental health courts, and 2 veterans courts operating in this circuit. We fully expect the number of veterans participating in problem solving courts will greatly increase. In January, there will be an additional mental health court. Court program specialists are necessary to keep track of the 436 individuals 1 211 participating in problem solving courts, provide information to the court, and follow-up on and track actions required by the court. Court program specialists are an essential component of problem solving courts, which on any given day are keeping an average of 436 individuals out of our county jails at a minimum daily cost savings of $26,160. The total budget for this position is $53,579, just slightly more than two days of savings that our problem solving courts provide the four counties in this circuit. If this position is not funded, this circuit's ability to expand problem solving courts and the number of individuals served by and benefiting from problem solving courts will be negatively impacted. Indian River County: Problem solving courts in Indian River County have an average of 74 participants on any given day. If these individuals were in the Indian River County Jail, the minimum daily cost would be $4,400. In January, a Mental Health Court will be started in Indian River County, which will add an additional problem solving court, and a significant number of participants to our problem solving courts. As you know, when mental health consumers are incarcerated, the average daily cost for these individuals is substantially greater than $60.00 per day. Indian River County's portion for the requested position would be $12,323.17 on an annual basis, which is less than the cost of incarceration for three days for current participants in the problem solving courts in Indian River County. Of course, with the institution of the Mental Health Court, the cost savings will be substantially greater. Funding: There are sufficient funds in Court Innovations to fund this position if other funding sources are not available. Kindly contact me with any questions or concerns that you may have. With gratitude, Tom Thomas A. Genung, Esq. Trial Court Administrator 19th Judicial Circuit Court 250 NW Country Club Dr., Ste. 217 Port St. Lucie, Florida 34986 Ph: 772-807-4370 Fax: 772-807-4377 Email: aenunaO..circu.it19.or�_Y 2 212 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS POSITION REQUEST FOR FISCAL YEAR 2014-2015 DEPARTMENT: Court Administrator RECOMMENDED: ✓ YES NO REVISED DIVISION: Court Administration-Drug Court APPROVED YES NO REVISED I I POSITION TITLE: Court Program Specialist FTE: 1.00 SALARY: $34,843 JOB CODE: BENEFITS: $18,736 PAY GRADE: 18 TOTAL BUDGET: $53,579 PAY SCALE: 34,843.36-55,939.14 JUSTIFICATION: The 19th Judicial Circuit Court is seeking a court program specialist position to assist in supporting judges in the current 15,and soon to be 16 problem solving courts in operation throughout the circuit. On any given day,there is an average of 436 individuals participating in the 15 current problem solving courts throughout the circuit. The need for problem solving courts is growing. Problem solving courts have significantly impacted our communities in very positive ways.Currently there are I 1 drug courts,2 mental health courts,and 2 veterans courts operating in this circuit.We fully expect the number of veterans participating in problem solving courts will greatly increase. In January,there will be an additional mental health court. Court program specialists are necessary to keep track of the 436 individuals participating in problem solving courts,provide information to the court,and follow- up on and track actions required by the court. Court program specialists are an essential component of problem solving courts, which on any given day are keeping an average of 436 individuals out of our county jails at a minimum daily cost savings of $26,160. The total budget for this position is$53,579,just slightly more than two days of savings that our problem solving courts provide the four counties in this circuit. If this position is not funded,this circuit's ability to expand problem solving courts and the number of individuals served by and benefiting from problem solving courts will be negatively impacted. I I POSITION REQ#: ACCOUNT#: 213 NINETEENTH JUDICIAL CIRCUIT Position Description Date: November 20, 2014 Closing Date: Open until filled Position Number: TBA Position Title: Court Program Specialist, Mental Health and Drug Courts (County funded) Salary: $34,843.36/annually *Benefits Package Available Distinguishing Characteristics of Work This is professional work assisting in program administration and evaluation within problem-solving court programs in a Circuit Court, such as mental health and drug courts. An employee assigned to a position in this class assists a program manager, senior court program specialist, or court analysts, on a variety of projects and studies - including court preparation and attendance - for monitoring, evaluating, and performing program functions and services. A Court Program Specialist may serve as support staff to various judicial committees or task forces to assist in the analysis of current laws and regulations, and to analyze the effects on the program of changes to laws and regulations. The Court Program Specialist is also responsible for entering, monitoring, and keeping current a data base for caseload management. Working relationships are established with court personnel, professionals associated with the particular program and the general public. Work is performed under the general supervision of a program manager. Education and Training Guidelines Graduation from an accredited four year college or university with a major in public or judicial administration, business, education, social work, or a related social science, and two years of experience in program administration or program evaluation. A master's degree in an area cited above may substitute for the recommended experience. Progressively responsible experience in program administration or evaluation may substitute for the recommended college education on a year for year basis. Knowledge, Skills, and Abilities Knowledge of the methods and techniques of program planning, administration, and evaluation. Knowledge of the principles and methods of and ability to conduct research and compose technical reports. Ability to communicate clearly, concisely, and logically. Ability to conduct basic financial and bookkeeping functions. Ability to operate a 214 personal computer, and ability to use word processing, spreadsheet, and data base software applications. Knowledge of the legal system and court process and procedures. Skill in analyzing court files for appropriate pleadings and legal documentation. Ability to work independently and to communicate effectively both orally and in writing. Ability to establish work priorities and to handle members of the public who are under the stress inherent in legal conflicts. Ability to maintain confidentiality concerning sensitive issues before the Court(s). Ability to maintain effective working relationships with other court personnel and outside agencies, legal professionals, litigants, and the general public. Must possess a valid Florida Driver's License. 215 BOARD OF COUNTY COMMISSIONERS I d•�.1 ose li E. Flesclher T�1�'esle: S. Davis �/ `COQ � '� l ,j.; % \ r;11 District 2 Chairman District 1 Tint Zorc Boll Solari District 3 Vice Chairman District 5 �=.. m I'eter I). C? Biyan �.. January 15, 2015 District 4 The Honorable Thad Altman, Senator Office of the Florida Senate 314 Senate Office Building 404 South Monroe Street Tallahassee, Florida 32399-1100 Dear Senator Altman: The State of Florida's judicial system is an essential cornerstone of our state government. It has recently come to the attention of the Indian River County Board of County Commissioners that, unfortunately, the State of Florida may not be adequately funding staffing for the state courts system. Pursuant to Article V of the Florida Constitution and Chapter 29 of the Florida Statutes, the State of Florida and the counties both share in the funding of the state courts system. Recently, the Court Administrator for the 1911 Judicial Circuit requested the Indian River County Board of County Commissioners to partially fund a new position pertaining to the "problem solving courts" that have been established in our judicial circuit. The Board approved the funding as requested, but through the process identified concerns with respect to the overall funding levels for the state courts system. Specifically, the Court Administrator explained that the State of Florida has not provided additional funding to create new staff positions for a number of years. In the Court Administrator's opinion, neither Indian River County, nor any other county, should be asked for funding from the judicial court because the State of Florida is not adequately funding the state courts system. As you review and analyze this year's state budget, please keep in mind that the State and the counties both share the responsibility to fund the state courts system. Consequently, any reduction in the Florida Legislature's appropriation to the state courts system will result in a shift of the financial burden onto the counties, limiting the Board's ability to address other local needs. Sincerely, Wesley S. Davis Chairman 1801 271"Street, Building A Vero Beach; FL 32960 (772)226-1490 ZIS • � BOARD OF COUNTY COMMISSIONERS 1oscBli t', Flesclaer Wesley S. Danis `� Disti'ift 2 C.hairina�: �} District 1 tl'Cif Tirn ?orc District 3 Bob Solari Vice Chairman `� R _ Pater D. O'Brtycert District 5 District 4 January 15, 2015 The Honorable Debbie Mayfield, Representative Florida House of Representatives 317 House Office Building 402 South Monroe Street Tallahassee, Florida 32399-1300 Dear Representative Mayfield; The State of Florida's judicial system is an essential cornerstone of our state government. It has recently come to the attention of the Indian River County Board of County Commissioners that, unfortunately, the State of Florida may not be adequately funding staffing for the state courts system. Pursuant to Article V of the Florida Constitution and Chapter 29 of the Florida Statutes, the State of Florida and the counties both share in the funding of the state courts system. Recently, the Court Administrator for the 191' Judicial Circuit requested the Indian River County Board of County Commissioners to partially fund a new position pertaining to the "problem solving courts" that have been established in our judicial circuit. The Board approved the funding as requested, but through the process identified concerns with respect to the overall funding levels for the state courts system. Specifically, the Court Administrator explained that the State of Florida has not provided additional funding to create new staff positions for a number of years. in the Court Administrator's opinion, neither Indian River County, nor any other county, should be asked for funding from the judicial court because the State of Florida is not adequately funding the state courts system. As you review and analyze this year's state budget, please keep in mind that the State and the counties both share the responsibility to fund the state courts system. Consequently, any reduction in the Florida Legislature's appropriation to the state courts system will result in a shift of the financial burden onto the counties, limiting the Board's ability to address other local needs. Sincerely, `1lesley S. Davis Chairman 1801 270' Strept, Building A Vero Beach, FL 32960 (772) 226-1490 L15 ;2-, V8 Attorney's Matters-B.C.C. 01.13.15 T INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,County Attorney V iuiam K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County.-Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: January 7, 2015 SUBJECT: Tourist Development Council Vacancy On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the process of appointments and reappointments. This agenda item is to consider the appointment of an applicant to fill the position of "Interested in Tourist Industry/Development" vacancy on the Tourist Development Council, which term expires in January 2017. The vacancy has been advertised on the County's website and on Channel 27 in excess of 30 days. The following are the names of qualified applicants for this position, whose rdsumds and/or applications are available for review in the Commissioners' Front Office area: • Steve Hayes • Oscar Sales, Jr. • Diane B. Burda • Barry Shapiro • Sophie Bentham Wood (Shanaphy) RECOMMENDATION. The County Attorney recommends that the Board review the applicant's resumd and/or application, and determine whether to appoint one of these individuals to fill the unexpired term for the "Interested in Tourist Industry/Development" representative to the Tourist Development Council. APPROVED FOR January 13, 2015 B.C.C. MEETING—ATTORNEY'SMATTERS Indian River Co. Ap • ved Date Admin. Co.Atty. 1 1. Budget COUNTYATTORNEY Dept. - --- Risk Mgr. -- --- F:�Aiionu•�•('hriaiiva.('UMA1f7lIiFsGencrnl MnnereB('('Agei�Memus lSol06('ommrnee l icuncy("ID(').drKx 216 1 ' DYER C� 1 �y1, 010 Indian River County RECEIVED Application For CommitM f0&Htment NOV 2'9 2012 DEC 4 2014 Date: _ BOARD OF COUNTY D �- BOARD OF CUUN1'1' COMMISSION COMMISSION Name: e v e a- e S Address: .3.3JCa aU l3 D"(' 0 "(, 04 2014 State �-- 13UCOAIAI SSI UNT}, Zip/Postal code: FY_ $ Home Phone: 171 -SG 2 o9u ~ Business Phone: 7.7;- - 7 7,8- - ?&r q Cell Phone: 7 7 - - �/7,7 -,)r 82 S.- E-mail: How long have you been a resident of Indian River County? Are you a full time or part time resident? (select one) Ful!-Time O Part-time Please list current employer or business.If retired,please list any business experience that may be applicable to the committee. e fAc,et e.--CAI e H Cc J tc �ll�U�t� G Ci a,AA e co is r r5roajA 5 I s S i� arm Please list any licenses you presently hold: a ILLJ aaS-L- is e.�t 217 Please list any organization of which you are currently a member. Y10A p ,Lt'r'%�Ce Please list any other committees or boards you currently sit on: Select the committee you would like to serve on.If you are interested in more than one, please number your choices in order of preference. Preference Rating Affordable Housing Advisory Committee F] Agriculture Advisory Committee Beach and Shore Preservation Advisory Committee Board of Zoning and Adjustment Children's Services Advisory Committee Code Enforcement Board Community Development Block Grant Citizen Advisory Task Force Construction Boards of Adjustment and Appeals Economic Development Council Enterprise Zone Development Agency Environmental Control Hearing Board Indian River County Extension Advisory Council Metropolitan Planning Organization Citizens Advisory Committee Planning and Zoning Commission ® Tourist Development Council Treasure Coast Regional Planning Council Comprehensive Economic Development Strategy Please return the completed application,along with a current resume,to the Board of County Commission Office,1801 27th Street,Vero Beach,FL 32960,or by fax at 772-770-5334. 218 STEVE HAVES PO Box 6700 3336 8th ST Vcro Beach,Florida,32961 772-562-2095 stumpknockenours a hotmaii.corn WORK EXPERIENCE IRCoBOCC, Vero Beach, FL St'!%,j,,,, 11L'/Jt-11Hc'lll O,I 1V 7 i • Work with IRCoBOCC and IRCo Chamber of Commerce to enhance tourism in Indian River County. EDUCATION Vero Beach Sr. High School, Vero Beach,FL Indian River Junior/Community College, Ft. Pierce,FL AN 1A i;rMe.cId.92,17"MI alfi,��7. ly_/ Indian River Community College,Ft. Pierce,FL Ii,1 ,I-lei,";'t ( lhk ADDITIONAL, SKILLS • Member of the Chamber of Commerce in Indian River,St. Lucie,and Martin Counties since 2010. • Tourism Board for Indian River and St. Lucie County Chambers of Commerce since 2011. • Committee for Cultural, Heritage, Rural,and Nature(CHRN)for Visit Florida since 2014. • President and CEO of Stumpknocker Tours a Vero Beach based airboat tour business since 1988. 219 11/28/2012 16:35 7722345296 RIVERSIDE THEATRE PAGE 02 24C. Indian River County Application For Committee Appointment Date: ov 28,2012 Name: Oscar Salts,Jr, Address: 22206th Sheet,Vero Beach ' a� State FI-�ttOA Zip/Postal Code: Home Phone: 72-567.3818 Business Phone:772-231-5860 ext.2235 Cell Phone: 203-829 8577 —� E-mail: rniamijunlorQgmallcom How long have you been a resident of Indian River County? 7 years Are you a full time or part time resident? (select one) Qi Full-Time 0 Part-time Please list current employer or business.if retired,please list any business experience that may be applicable to the committee. Riverside Theatre Please list any licenses you presently hold: 220 11/28/2012 16:35 7722345298 RIVERSIDE THEATRE PAGE 03 Please list any organization of which you are currently a member: Please list any other committees or boards you currently sit on: Select the committee you would like to serve on.If you are Interested in more than one, please number your choices M order of preference. Preference Rating Affordable Housing Advisory Committee Agriculture Advisory Committee Beach and Shore Preservation Advisory Committee Board of Zoning and Adjustment Children's Services Advisory Committee Code Enforcement Board Community Development Block Grant Citizen Advisory Task Force Construction Boards of Adjustment and Appeals Economic Development Council Enterprise Zone Development Agency MEnvironmental Control Hearing Board Indian River County Extension Advisory Council 0 Metropolitan Planning Organization Citizens Advisory Committee Planning and zoning Commission Q Tourist Development Council F] Treasure Coast Regional Planning Council Comprehensive Economic Development Strategy Please return the completed application,along with a current resume,to the Board of County Commission Office, 1801 27th Street,Vero Beach,Fl.32960,or by fax at 772-770-5334. 221 11/28/2012 16:35 7722345298 RIVERSIDE THEATRE PAGE 04 2220 60'Street Oscar R. Sales, Jr. Vero Beach,FL 32962 Home:(772)567-3818 Cell: 203 829-8577 Email: miamijunior atmail.com Profile • Strong conceptual ability in identifying and analyzing problems and opportunities. • Effective organizer,planning and decision-making capabilities in defining objectives,formulating strategy and implementing solutions. Professional History Riverside Theatre-Vero Beach,t-,L 8/05-Present Marketing Director • Oversee all Marketing and Publicity operations for the second largest producing theatre in the state of Florida. • Develop marketing pian and sales strategies for Mainstage and Second Stage productions and Celebrity presentations. • Collaborate and develop all printed materials—brochures,ads,flyers&posters. • Editor of Mainstage and Second Stage playbills and monthly newsletters. • Budgetary responsibilities Include preparing marketing budget and departmental reviews;approving all purchase orders; and review and analyze all departmental spending. • Analyze performance reports and effectiveness of all marketing expenditures. Helen Hayes Theatre Company-Nyack,NY 8/00-6/05 White Plains Performing Arts Center-White Plains,NY 10/03-6/05 Marketing Director • Manage Marketing and Publicity for two intimate theatres north of New York City. • Analyze sales trends and campaign successes. • Prepare and update marketing expenses-reviewing and analyzing all spending. • Organize sales promotions and special marketing campaigns. This responsibility also includes,but not limited to: planning and coordinating subscriber/donor events and renewal nights. • Coordinate all Advertising functions including:scheduling all broadcast and print advertising;copywriting;the development of radio and/or television spots. Eliran Murphy Group,LTD. 3/00-8/00 New York,NY Account Executive • Liaison between the advertising agency and theatrical/live entertainment clients in the New York Metropolitan area and assist with the creation of brochures,flyers,budgets and advertising campaigns. • Clients included:I Love You,You're Perfect,Now Change;Over The River and Through The Woods;New York Theatre Workshop;Chamber Music Society of Lincoln Center;Henson Festival of Puppet neater;Nigh Infidelity;and WPA Theatre. The Performing Arts Center,Purchase College, 9/90-3/00 State University of New York(SUNY) Purchase,New York Marketing Director(7/97—3/00) • Supervise all Subscriptions,Group Sales,Box Office and Marketing operations for a four-theatre complex. • Create marketing plan and sales strategies for The Center's performances of Theatre,Classical Music,Dance,Popular Music,and Family entertainment. 222 11/28/2012 16:35 7722345298 RIVERSIDE THEATRE PAGE 05 Oscar R.Sales,Jr. Page 2 Professional History foondruad) • Collaborate and develop with the Publications/Sales/and Publicity Directors, all printed materials;group sales and program goals;as well as artist publicity and advertising campaigns. • Conduct regular analysis pertaining to sales trends and success of campaigns;plan,create and review audience surveys; analyze effectiveness of all marketing expenditures;as well as preparation of year-end analysis for historical reports including"per ticket"costs,percentages of renewals,etc. • Responsible for Advertising functions including:scheduling all radio,television,and print advertising;copywriting for all radio,television,and print advertising;develop radio and/or television spots not supplied by artists for produced events. Box Office Manager(9/50-6/57) • Systems Administrator of Artsoft,a computerized ticketing system. Responsibilities include expansion,upgrades,back- ups,and general network maintenance. • Create and input seasonal set-ups,which include,but not limited to event-scheduling,subscription processing,scaling charts,price structures,and ticket formatting. • Coordinates Box Office procedures with the Performing Arts Center,Purchase College Divisions/Departments,and other community arts organizations. Hirschfeld Theater,Castle Hotel 7/89-7/90 Miami Beach,Florida Box Office Manager Supervise Box Office and Subscriptions Departments. Processed Group Sales contracts;reported generated income;projected weekly capacity,and income;and,monthly expenses. Liaison between TicketMaster,Theatre,and Hotel Operations. Coconut Grove Playhouse 9/86-7/89 Miami,Florida Assistant 9''icket Operations Manager(12188— 7189) Box Office Manager(5188—1 2188) Box Office Treasurer(4187—5188) Assistant Box OfJlce Treasurer(9186—4187) Education Florida Atlantic University,Bachelor of Arts,Communication/Marketing Management NtlarnkDade College,Associate of Science,Communications Languages Fluent in English and Spanish 223 INDIAN RIVER COUNTY APPLICATIONCrvn FOR COMMITTEE APPOINTMENT IAN 0 t 2014 Name:; /�����/� - ----- ------ - -__ Date:i: r y <" / 3 BOARD t)F COUNTY COti„gISSION �c> tCtxtcvcc� �Z [�c FullName: - -- -- ---- -- Email Address: Street Address (No P.O. Boxes): /43,5- i4_i,� i ti f „�4 vet� � �3_?`i'6G Home Phone: ---- -- Cell Phone: L Work Phone: - =3: 12 --RECEIVED How long have you been a resident of Indian River County? _ EIEC 0 4 2014 Are you a full or part time resident? Check one: Full Time[-CJ Part Time BOARD OF COUNTY COMMISSION Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. G�`z�%x.1.v ✓ C'•C�'��j�' T.c'ij'r.�f:Z, — ; /(J ', 4.f4 ,rf`n �.Lt.,�- ------� t�-t,��lc.L.�/ �c •G'ct�L-.i I Wu V i�.t: c�� �r.L„Hu^`�/ -�•r.. l���- -�•,.s 2rJ,.+ ��,,�` �'�t.u-e-l-.., i/r',r k-zc-�-Lc ,E.u,y ' � �i-f Gt+l.ii liY Ci..L.I/�✓ r Gs-1 �yL ,,�1�3-rs-/G i.AI f 7'"�"C'�fc'.!X-.c_.l ,{.c..-+�-'1 vt�^.C71'1 C-SL c::CGc s1�i' ,r{c':�t E -G�i;,i y�:� �ivKl7"Ci .1 '�'--�,.�t.,..i� ...�,c,»s.L�G..vs�7`cL.,.� 6.v�C..x;-L`Y j1.G-r�.c L✓�_,.,c u+�.1_ -�[-f.c� 'Lt _ —Z' .. `� Please list any licenses you presently hold: + ( i I I Please list any organization of which you are currently a member: y Please list any other committees or boards you currently sit on: t Continued on next page 224 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE BOARD OF ZONING ADJUSTMENT CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS ECONOMIC DEVELOPMENT COUNCIL ENTERPRISE ZONE DEVELOPMENT AGENCY ENVIRONMENTAL CONTROL HEARING BOARD El SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE El- MARINE ADVISORY NARROWS WATERSHED ACTION COMMITTEE 0 PLANNING & ZONING COMMISSION TOURIST DEVELOPMENT COUNCIL ry TREASURE COAST REGIONAL PLANNING COUNCIL— COMPREHENSIVE ❑ ECONOMIC DEVELOPMENT STRATEGY Please print and return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. Print 225 INDIAN RIVER COUNTY APPLICATION RECEIVED FOR COMMITTEE APPOINTMENT DE 1014 Name: Barry Shapiro 12.08.2014 BOARD OF COUNTY Date: COMMISSION Full Name: Barry Shapiro Email Address: barry.nohhands@gmail.corr Street Address (No P.O. Boxes): 1854 Westminster Circle, Vero Beach 32966 Home Phone: Work Phone: 772-567-2212 Cell Phone: 917-225-1231 How long have you been a resident of Indian River County? 8 years Are you a full or part time resident? Check one: Full Timei Part Time; Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Owner of Lighthouse Art and Framing, Vero Beach Please list any licenses you presently hold: FL drivers license Please list any organization of which you are currently a member: Professional Picture Framers Association Southeast Region Board Member S.A.F.E.R. IRC - EOC certified emergency volunteer IRC Chamber.of Commerce Please list any other committees or boards you currently sit on: S.A.F.E.R. IRC - marketing committee Downtown Vero Beach Economic Development Zone Advisory Committee Vero Beach Parking Advisory Committee Continued on next page 226 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE BOARD OF ZONING ADJUSTMENT CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT &APPEALS ECONOMIC DEVELOPMENT COUNCIL ENTERPRISE ZONE DEVELOPMENT AGENCY ENVIRONMENTAL CONTROL HEARING BOARD El MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE D NEIGHBORHOOD STABILIZATION PROGRAM — CITIZEN ADVISORY TASK ❑ FORCE PLANNING &ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL 0 TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ❑ ECONOMIC DEVELOPMENT STRATEGY Please print and return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for one year from date received. Print 227 BARRY SHAPIRO 1954 Westminster Circle#i2 • Vero Beach, Florida 32966 • barry.nohhands@gmail.com • 917-225-1231 EXECUTIVE RESUME Consistently achieving resourceful and successful solutions for clients with a proven record of success. Providing creative, result-minded leadership. Demonstrating the ability to take projects from concept through execution with responsibility for budgets, teams and high-profile client relationships. Detail oriented, resourceful,and enthusiastic with a passion for excellence.Areas of expertise: • Strong Communication Skills • Detailed Prioritization • Innovative Problem Solving • Project Management • Advertising and Marketing • Event Budgeting, Management,and Expertise Logistics • Fine Arts background Public Speaking and Teaching Skills • Creative Writing and Marketing • Team Building& Leadership PROFESSIONAL EXPERIENCE Owner,Lighthouse Art and Framing(2010-Present) Fine art and print gallery,custom conservation framing and art restoration. Also,art classes, lectures and workshops. Selected achievements: • Database development: built a database of nearly 1000 subscribers with iContact and social media resources such as Facebook and Twitter,a trice monthly newsletter and using weekly email blasts to consumers. • Community Relationships:Created an art awareness for the revitalized Downtown Art District through committee work,working with the City Council,articles in local and regional publications and through social media.Sponsored numerous charities through art auctions and special events. Feature projects included a monthly "Salon" for professional artists,a weekly Open Studio, workshops and classrooms with vendor sponsors. Led "art day" workshops for home-schoolers. • Developed processes and procedures:Created an effective inventory system using QuickBooks Point of Sale software and interfaced with vendor software systems. • Upgrades to product lines: Recognized the need to present higher quality products while maintaining competitive pricing in an aggressive and saturated market. Director of Marketing, Pathfinder Business Strategies,Sebastian, FL(2005-2009) Provided vision, direction and hands-on leadership for the production and execution of major sales and marketing initiatives that advanced the priorities of this tax consulting and asset protection consulting firm. Created their brand identity and educational programs. Developed and executed innovative conferences, trade shows, educational seminars and webinars. Full accountability for marketing, budgeting, hiring and relationship management. Negotiated contracts with print, radio and TV media. Led countless interviews on webinars and was live audience sales events. Developed, designed and was on-site team leader for trade shows, mostly targeting high earning medical professionals. Worked directly with CEO, General Manager, Financial Manager, Events manager and Sales Manager to develop a seamless, team oriented work flow system. Wrote, designed and managed national direct mail, radio campaigns and internet campaigns. Worked with Salesforce, Infusionsoft software programs. 228 TV Commercial Director,Independent Advertising Consultant, New York, NY (1998-2006) Selected highlights: • Designed and created first large scale marketing campaign for non-profit New York City Relief For The Homeless. Award winning campaign not only raised awareness and generated thousands of donations but literally saved lives,a fact I am most proud of. • Created and designed regional and national advertising campaigns pro-bono for charitable organizations like The Coalition For The Homeless,The 52nd Street Project,The American Academy of Dermatology. • Created highly successful awareness campaign for radio and television for The New Jersey Organ and Tissue Sharing Network. "Taxi" campaign generated hundreds of new donors in the African- American community and raised thousands of dollars for this important cause. • Producer and Director national model search and tour for Proctor&Gamble directed at the American Latina community.Personally oversaw casting and training over 1,500 contestants nationwide. • Led creative team that launched hugely successful new products for Pitney Bowes and Brother International in highly effective television,radio and print campaigns. Launched the Personal Post Office and Brother GeoBook and P-Touch product lines. - Additional Experience - Nohhands Productions, New York, NY Executive Producer/Owner/Director.Award winning film and video production company. Clients included Time Warner;The Toy Industry Foundation;I-IA! (now Comedy Central);JVC;The Starlight Foundation;Lincoln Center Theater; Hanna Barbera,et al. Illustrator/Designer, New York,NY Illustrator of books, magazines and advertising.Clients included The New York Times; New York Magazine;The National Review;Travel& Leisure;Psychology Today; Random House;The Franklin Library;The Boston Globe. EDUCATION & CREDENTIALS Education and Credentials Bachelor of Fine Arts (BFA)Pratt Institute, Brooklyn,New York Professional Associations Advisory Committee Member Downtown Vero Beach Economic Development Zone (BID) Indian River County SAFER IRC Community Volunteer- Marketing Committee Chair Certified EOC Volunteer for SAFER IRC Board Member PPFA Southeast,Member Directors Guild of America Chamber of Commerce of Indian River County Formerly Presidents Council,New York City Relief for the Homeless References available upon request 229 �'oRtO* RECEIVED Indian River County DEC 0 3 2012 Application For Committee Appointment BOARD OF COUNTY COMMISSION Date: Nov 28,2012 Name: Sophie Bentham Wood(Shanaphy) Address: 2808 Saint Bart's Square RECEIVED State FLORIDA Zip/Postal Code: 32967 D E% 0 4 2 014 Home Phone: 772226 5646 BOARD OF COUNTY COMMISSION Business Phone: 772 2310707 ExT.121 Cell Phone: 772 643 3327 E-mail: sbwood@verobeachmuseum.org How long have you been a resident of Indian River County? Five Years Are you a full time or part time resident? (select one) Full-Time 0 Part-time Please list current employer or business.If retired,please list any business experience that may be apollcable to the committee. The Vero Beach Museum of Art Current position as Director of Marketing and Communications Please list any licenses you presently hold: None 230 RESUME Name: Sophie Bentham Wood Marital Status: Married D.O,B: 15.10.72 Nationality: British Address: 2808 Saint Bart's Square, The Antilles,Vero Beach, FL 32967 CAREER Vero Beach Museum of Art May 2012 to Present Director of Marketing and Communications Responsible for the Museum's Marketing and Communications department including strategic planning for all external and internal marketing activity including all printed materials, paid-for advertising, in-house publications, online and social media, as well as PR activities. Other responsibilities include managing the Museum's front desk staff and volunteers. Get Fit at Home Personal Training Company, UK& USA Jan 2008 to 2010 Director Director of an on-line personal training company with over 100 trainers In the UK, and an overseas office in the USA. Responsible for all business areas including online/print marketing, social networking (Facebook, Blogs, Twitter) and PR activities, as well as servicing my own locally based personal training clients. Hill and Knowlton PR, London January 2005 to Dec 2007 Senior Associate Director. Responsible for a team of over 10 people, and had a place on the senior divisional management team working on local and international business within the Sports Marketing and Sponsorship arena. Clients: • P&G—Gillette Male Grooming with David Beckham • Allianz'Group—BMW Oracle Racing Team in the America's Cup Sailing Race • BBC TV Sports Personality of the Year • Britvic—Wimbledon Sponsorship with Andy Murray and Tim Henman • David Lloyd Sports Clubs and Andy Murray • Adidas • Volvo/Volvo Ocean Race • American Express—Black Card Responsibilities include: • Implementation of both strategic, creative and tactical PR direction on all accounts included online, print and TV • Management of assigned staff(Account Director to Account Executive level) • Face to face Client contact on all accounts • Writing Client reviews and brand planning • Involvement in staff reviews and retention • Recruitment of new staff • New business communications—Writing credentials, pitching to potential new Clients • Networking existing business for new opportunities • Measured understanding of Client markets and competitor activities • Total management and overseeing of Client budgets • Issues management 231 Clients included: • Intersport GB; • Jack Nicklaus Golf Equipment; F. Duerr&Sons Ltd; • Thorn EMI Europe'Crazy George's'stores. CAREER ACHIEVEMENTS • Launched Get Fit At Home UK and USA - one of the UK's leading online personal training websites Launched P&G's Gillette Fusion Razor, the world's first 5 blade razor with David Beckham and the UK launch campaign was subsequently adopted as 'Best In Class' and replicated in ALL key markets First ever Sponsorship of BBC Sports Personality of the Year for Britvic • Successful development of a PR function at McCann-Erickson Manchester • Wimbledon 75yrs Campaign achieved over 300 pieces of coverage with an AVE of over£14 million • Launch of the new Dr Scholl Foot Skincare Collection in the UK and successful change of the consumer perception of the brand through a joint Integrated PR and marketing program. Development of the Scholl Flight Socks brand as a 'generic' term, and through a strong Integrated PR and marketing program the brand achieved its predicted six months sales targets in one month. • Launch and successful growth of the first Selfridges store outside of London. PERSONAL ACHIEVEMENTS • Qualified Skipper for sailing vessels up to 60 ft. • Qualified and Fully Insured Personal Trainer EDUCATION&QUALIFICATIONS: 7 GCSE's including Maths and English 2'A'levels—English Language,Art BA Honours Degree(2:1)History of Art, Design and Film—Sheffield University, UK BTEC National Diploma(merit+)Art Foundation—Mid-Cheshire College of Art and Design, UK SCW Fully Certified and Qualified Personal Trainer USA .MEMBERSHIPS: Orchid Island Golf& Beach Club, Vero Beach, USA Waccabuc Country Club, New York, USA Little Ship Club, Bell Wharf Lane, Landon, UK Special Forces Club,Westminster, London, UK 232 DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Service District Board of Commissioners THROUGH: Joseph A. Baird, County Administrator THROUGH: John King, Director of Emergency Services FROM: Brian Burkeen, Assistant Chief DATE: December 24, 2014 SUBJECT: Final Payment for The Roof Authority, Inc. for IRC Bid #2014047, Replacement of Roof at Fire-Rescue Station#10 It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services District Board of Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: On September 9, 2014, the Board awarded the contract to replace the roof at Fire-Rescue Station #10 (62 North Broadway Fellsmere)to The Roof Authority, Inc. The purpose of the work was to replace the existing roof, repair damage and install new roofing materials. The contractor has satisfactorily completed the work and submitted their pay request in the amount of$31,995.00. FUNDING: ITEM Amount Account Number Original Contract Amount $30,970.00 11412022-034610 Permit $705.00 11412022-034610 Change Order#1 $320.00 11412022-034610 RECOMMENDATION: Staff recommends the Board approve the Final Payment request to The Roof Authority, Inc., in the amount of$31,995.00 233 ATTACHMENTS: Invoice#6938 APPROVED FOR AGENDA Indian River County Approved Date FOR: January 13, 2015 Administrator r ) Legal Budget *County Risk Management . Baird inistrator FDpartmeut i= 234 7b Invoice R of_6771 No. Old Dixie Hwy. Authority,Inc. Ft. Pierce. FL 34946 xx•tai Date Invoice# II/2012014 6938 Bit{To Project- Indian River County Station 4 10 Attn: Brian Burkeen,Assistant Chief 62 N.Broadway 4225 43rd Avenue Fcllsmcrc,Ft,32948 Vero Beach, FL 32%7 Terms P.O. No. Due on receipt Quantity Description Rate Amount Replant of Roof at Station#10 1 CONTRACT 30,970.00 30,970.00 1 Permit 705.00 705.00 4 Plywood replacement-4 sheets 80.00 320.00 Ttnank you for your valued business! Total $31,993.00 Payments/Credits $0.00 Phone# Fax# Web Site Balance Due S31-995.00 772-468-7870 772468-2247 cwn 235