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HomeMy WebLinkAbout01/15/2013 (3) PROCLAMATION DESIGNATING INDIAN RIVER COUNTY AS A PURPLE HEART COUNTY WHEREAS, Indian River County is located on Florida's Treasure Coast and our residents have always treasured our Military Veteran population, now numbering over 18,000; and WHEREAS, the Purple Heart is the oldest military decoration in use today which evolved from the Badge of Military Merit, created by General George Washington for the common soldier in 1782; and WHEREAS, the Purple Heart is awarded to members of the United States Armed Forces who have been wounded or killed in combat with a declared enemy of the United States of America; and WHEREAS, the mission of the Military Order of the Purple Heart is to foster an environment of goodwill among the combat wounded veteran and their families, promote patriotism, support legislative initiatives and most importantly make sure we never forget; and WHEREAS, Indian River County has a large, highly decorated veteran population; and WHEREAS, we appreciate veterans and the sacrifices our Purple Heart recipients have made in defending our freedoms and believe it is important that we acknowledge them for their courage and show them the support they have earned. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board hereby declares that we are a Purple Heart County and fully support our County as one of the first "Purple Heart Counties" in Florida. Adopted this 15th day of January, 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA '/Jo eph E. Flescher, Chairman Wesley S.' vis, Vice Chairman * � Bgb-$o�i Peter D. O'Br roman U Tim= j PUBLIC ANNOUNCEMENT INDIAN RIVER COUNTY yilVEj��,\ �•- K SOLID WASTE DISPOSAL DISTRICT �LpR10A BOARD MEMORANDUM Date: January 4, 2013 To: Joseph A. Baird, County Administrator Thru: Vincent Burke, P.E., Director of Utility Services From: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District -O ry\, Subject: Public Announcement for the Indian River County Electronics Recycling Event on Saturday,January 19, 2013 at the Indian River County Fairgrounds PUBLIC ANNOUNCEMENT: The staff of the Solid Waste Disposal District (SWDD) is pleased to announce to the SWDD Board and to the public that the Indian River County Electronics Recycling Event will be held on Saturday, January 19, 2013, from 9:00 am to 3:00 pm at the Indian River County Fairgrounds. This event is free to all residents of Indian River County and provides a great opportunity to bring outdated computers, televisions, and consumer electronics and to keep electronics waste and its hazardous components out of our landfill. �•- AERC Recycling Solutions will provide staff to collect and transport the electronics to their facility in Melbourne, Florida, where they have a Zero-Waste-to-Landfill policy and will disassemble and recover components for resale and recycling of metal, glass, and plastics. AERC will provide a certification of recycling for the event and have a strict policy to remove and erase all computer files, software, or other information contained on electronics. AERC also will be raffling a refurbished laptop to a lucky resident. The cost by AERC to SWDD to host this event is $1,150 for mobilization & forklift rental plus price per pound according to the contract that SWDD is piggybacking from Brevard County. The cost is $0.28 per Ib. for TV's, $0.06 per Ib. for monitors. Under the contract, SWDD will be paid per pound for CPU's ($0.25), Laptop ($1.90), and Copier Machines ($0.10). There is no charge for all other electronics. Therefore, the total estimated cost is to not exceed $1,500.00. Funding is available in the Recycling — Other Professional Services Account No. 41125534-033190. The event will be co-hosted by Keep Indian River Beautiful (KIRB) as part of their scope of services with SWDD. Vicky Wild, Executive Director of KIRB, and staff will provide educational and recycling information to the public. In addition, KIRB staff will provide recycling bins to residents that need new or replacement bins. APPROVED FOR AGENDA: Indian River Co. Ap roved Date Administration l f0 5 By: Budget '41W Jos ph A. Baird, County Administrator Legal F r: /5 r�Df3 SWDD Date SWDD - I- �3 SWDD Agenda-Public Announcement for a-Event 011913 Page—1— N09. N,'�tx f A I ANNUAL ELECTRONICS RECYCLING EVENT .fan . 19th, 9:00 am to 3.00 pm At the Indian River County Fairgrounds Drawing for a i r:'' Refurbished Laptop, courtesy of AERC Recycling Solutions. `_- Fill out below raffle ticket and bring with you to enter! Lots of great giveaways from Indian River County Solid Waste Disposal District and Keep Indian River Beautiful Acceptable electric and electr{:)nic materials inclUcle: ' 35n)n i Slide Pro;ecIDrs Electronic Media': Pagers Alarm Clocks CDs, DVDs, Floppy Disks. Power Supplies - . � Adding Machine's Audio'Video Tapes, Printers Answering Machines Plastic Cases Radios BaT,ery Backups Electric Pencil Sharpeners Record Players r' 0I ...,;_ Cables Fax Machines Scanners .., Calculators Nand 'Held Games Security Systen-is Cameras Headphones Speakers CD Playsr 'Recorders -lard Drive_ Stereos Cell Phones (Pods Tape Rec.rde.rs/ Co.; Ter„ all i l-es Joy Stick_; Tape Decks les Keyuoarcls Televisions (up io 40" with DIt}7f1on EC{Utplllenl MICIOpI"1oneS I10 wpod CUIJIIIets) DV.3 Pla;t;rs/Rec()t tiers Microwave Ovens Telephones electric Keyboards Moa ritors VCRs Iectr is Typewriters Movie Pfo)ectors VidtCo Gurrle Consc)ka MP3 Players Walkn"rans CLIP ———————— ———————————————— r Clip&Bring With you. AERC r ' NEC/CLING SOLUTIONS SV& NAME ' I PHONE I 4 CAN'T MAKE IT Jan 19th? 6 Electronics recycling is available year-round at all 5 of the Customer Convenience Centers and Main Landfill! viL A2 7/1 JANUARY 15, 2013 'Wo- INFORMATIONAL ITEM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: January 7, 2013 Subject: City of Fellsmere Committee Appointees for 2013 From: Terri Collins-Lister, Commissioner Assistant Please find attached the 2013 list of Committee Appointees for the City of Fellsmere. Attachment 4 2092-2013 CITY OF FELLSMERE REPRESENTATION /ND/AN RIVER COUNTY-COMMITTEES&ADVISORY BOARDS Must be Elected Officials 1. TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS Joel Tyson,Vice Mayor—Member Sara J. Savage,Council Member-Alternate Member Meets on the 2"d Wednesday at 10:00 a.m. 2, TREASURE COAST REGIONAL LEAGUE OF CITIES Joel Tyson,Vice Mayor—Member Susan Adams, Mayor—Alternate Member Meets bi-monthly monthly-3rd Wed.@ 10:00 am Various locations 3. BEACH& SHORE PRESERVATION Joel Tyson,Vice Mayor—Member Fernando Herrera, Mayor Pro-Tem—Alternate Member Meets 3`d Monday at 3:00 pm IRC Admin Bldg 4. ECONOMIC DEVELOPMENT COUNCIL Sara Savage, Council Member—Member Meets 3`0 Tuesday @ 4:00 pm IRC Admin Bldg Susan Adams, Mayor—Alternate Member 5. ELECTED OFFICIALS OVERS/GHT COMM/TTEE Susan Adams, Mayor—Member Joel Tyson,Vice Mayor—Alternate Member Meets once per year 6. METROPOLT/AN PLANNING ORGANIZATION Susan Adams, Mayor—Member Sara Savage, Council Member—Alternate Member Meets 2"d Wednesday @ 10 am IRC Admin Bldg 7. SCHOOL CONCURRENCY WORK/NG GROUP COMMITTEE Susan Adams, Mayor-Jason Nunemaker, City Manager-Warren W. Dill, City Attorney Meets twice per year @ call TREASURE COAST REGIONAL PLANNING COUNCIL Meets on the 3`d Friday at 9:30 a.m./Stuart Appointment for 2012-2013—Alternate Susan Adams Staff Appointments MPO BICYCLE ADVISORY COMMITTEE Chief Scott Melanson MPO TECHNICAL ADVISORY COMMITTEE Jason R. Nunemaker,City Manager Mark D. Mathes,Alternate AFFORDABLE HOUSING ADVISORY COMMITTEE Mark D. Mathes, Member TECHNICAL ADVISORY COMMITTEE Jason R. Nunemaker, Member Mark D. Mathes,Alternate Citizen Appointments MPO CITIZENS ADVISORY COMMITTEE Clarence Korker SCHOOL PLANNING CIT/ZEN OVERSIGHT COMMITTEE Yolanda Gamez IRCCOMLIST 12-13.DOC 5 4� . G JEFFREY R. SMITH � Clerk of Circuit Court and Comptroller NMW 1 801 27TH Street �ZpRIpA Vero Beach, Florida 32961 -1028 Telephone (772) 226-1945 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: January 3, 2013 SUBJECT: APPROVAL OF WARRANTS December 28, 2012 to January 3, 2013 FROM: DIANE BERNARDO - FINANCE DIRECTOR 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 28, 2012 to January 3, 2013. Attachment: DB: MS 6 CHECKS WRITTEN CHECK NBR CK DATE VENDOR AMOUNT 293337 1/2/2013 ORANGE COUNTY HOUSING AND 1,830.34 Now 293338 1/2/2013 SANDY PINES LTD 400.00 293339 1/2/2013 ALL FLORIDA REALTY SERVICES INC 6,553.00 293340 1/2/2013 GERALD T CAPAK 265.00 293341 1/2/2013 CHERYL DOYLE 354.00 293342 1/2/2013 VERO BEACH EDGEWOOD PLACE(305-113) 659.00 293343 1/2/2013 GRACES LANDING LTD 4,801.00 293344 1/2/2013 MICHAEL JACKOWSKI 784.00 293345 1/2/2013 TERRY A LAWRENCE 77.00 293346 1/2/2013 LINDSEY GARDENS APARTMENTS 12,784.00 293347 1/2/2013 BRYAN D BLAIS 728.00 293348 1/2/2013 RIVER PARK ASSOCIATES 8,914.00 293349 1/2/2013 RICHARD C THERIEN 974.00 293350 1/2/2013 CREATIVE CHOICE HOMES XVI LTD 4,673.00 293351 1/2/2013 DAVID YORK 528.00 293352 1/2/2013 ST FRANCIS MANOR OF VERO BEACH 787.00 293353 1/2/2013 CITY OF VERO BEACH 386.00 293354 1/2/2013 SALLIE(WYNN)BLAKE 445.00 293355 1/2/2013 CCA HOLDINGS LIMITED PARTNERSHIP 1,739.00 293356 1/2/2013 TREASURE COAST HOMELESS SERVICES 1,529.00 293357 1/2/2013 FLORIDA POWER AND LIGHT 44.00 293358 1/2/2013 FLORIDA POWER AND LIGHT 151.00 293359 1/2/2013 FULCHINI ENTERPRISES INC 287.00 293360 1/2/2013 VENETIAN APARTMENTS OF VERO BEACH 885.00 293361 1/2/2013 STASKI ENTERPRISES INC 630.00 293362 1/2/2013 HERMOSA PROPERTIES LLC 308.00 293363 1/2/2013 PINNACLE GROVE LTD 7,685.00 293364 1/2/2013 VERO CLUB PARTNERS LTD 15,463.00 293365 1/2/2013 DAVID SPARKS 600.00 293366 1/2/2013 FORT PIERCE HOUSING AUTHORITY 371.78 293367 1/2/2013 CRAIG MERRILL 1,586.00 293368 1/2/2013 CHRISTINE SALTER 514.00 293369 1/2/2013 HAGGERTY FAMILY LTD 303.00 293370 1/2/2013 THE PALMS AT VERO BEACH 15,213.00 293371 1/2/2013 ED SCHLITT LC 487.00 293372 1/2/2013 HENRY O SPEIGHT 788.00 293373 1/2/2013 DAVID CONDON 594.00 293374 1/2/2013 HILARY MCIVOR 505.00 293375 1/2/2013 PAULA LANE 376.00 293376 1/2/2013 JOHN A CAPPELLO 451.00 293377 1/2/2013 TCG SONRISE II LLC 1,196.00 293378 1/2/2013 KARL LACHNITT 750.00 293379 1/2/2013 PELICAN ISLES 5,550.00 293380 1/2/2013 JOHN F BAER 3,422.00 293381 1/2/2013 CAMERON HORD 259.00 293382 1/2/2013 SUNCOAST REALTY&RENTAL MANAGEMENT LLC 1,229.00 293383 1/2/2013 OAK RIVER PROPERTIES INC 1,796.00 293384 1/2/2013 KENNEN COHEN 437.00 293385 1/2/2013 MARILYN LEWIS 574.00 293386 1/2/2013 STEPHEN J SHORT SR 648.00 293387 1/2/2013 MICHAEL KANNER 566.00 293388 1/2/2013 ANDRE DORAWA 492.00 293389 1/2/2013 ADINAGOLDMAN 459.00 293390 1/2/2013 INDIAN RIVER RDA LP 744.00 293391 1/2/2013 SAMUEL P N COOK 364.00 293392 1/2/2013 DANIEL GOWER 699.00 '"' 293393 1/2/2013 GEORGE THUYNS 559.00 293394 1/2/2013 STEVEN ROBERT HARTMAN 541.00 1 7 CHECK NBR CK DATE VENDOR AMOUNT 293395 1/2/2013 LAZY J LLC 402.00 293396 1/2/2013 STEPHANIE FOUNTAIN 252.00 293397 1/2/2013 WINFRIED ARENDT 361.00 �.• 293398 1/2/2013 SYLVIAMCNEILL 238.00 293399 1/2/2013 SKOKIE HOLDINGS INC 577.00 293400 1/2/2013 LILIAN N BEUTTELL 441.00 293401 1/2/2013 ROGER WINSLOW 503.00 293402 1/2/2013 TAMMY MEEKS 719.00 293403 1/2/2013 VINCENT PILEGGI 451.00 293404 1/2/2013 OSLO VALLEY PROPERTIES INC 989.00 293405 1/2/2013 MICHAEL O LEARY 259.00 293406 1/2/2013 VICKY L STANLEY 808.00 293407 1/2/2013 CORY J HOWELL 302.00 293408 1/2/2013 CHOICE RENTALS INC 231.00 293409 1/2/2013 WILLIAM JAMES STANGANELLI 399.00 293410 1/2/2013 TRADITIONAL PROPERTIES GROUP INC 673.00 293411 1/2/2013 THE CHARLES F FOWLER 1996 CHARITABLE UNITRUS 848.00 293412 1/2/2013 OSCEOLA COUNTY SECTION 8 411.78 293413 1/2/2013 CAMACLEMADIERICH LLC 725.00 293414 1/2/2013 WYNN OWLE 576.00 293415 1/2/2013 DONALD G COMBS 476.00 293416 1/2/2013 WILLIAM NEUWIRTH 558.00 293417 1/2/2013 ANTHONYARROYO 308.00 293418 1/2/2013 BRIGITTE BALL 535.00 293419 1/2/2013 AHS HOLDINGS GROUP LLC 2,864.00 293420 1/2/2013 COUNTY OF VOLUSIA HVC PROGRAM 821.78 293421 1/2/2013 AJL MANAGEMENT CORP 413.00 293422 1/2/2013 VERO HOUSING LLC 1,916.00 293423 1/2/2013 YVONNE KOUTSOFIOS 279.00 293424 1/2/2013 HOUSING AUTHORITY CITY OF ALLENTOWN 642.78 293425 1/2/2013 DYNAMIC ENDEAVORS LLC 242.00 293426 1/2/2013 RAYMOND DONOVAN 544.00 293427 1/2/2013 HOUSING AUTHORITY OF FULTON COUNTY 623.78 293428 1/2/2013 ALAN R TOKAR 604.00 293429 1/2/2013 2184 1ST PL SW LLC 584.00 293430 1/2/2013 VILLAS OF VERO BEACH 491.00 293431 1/2/2013 BRIAN E GALLAGHER 503.00 293432 1/2/2013 MANUEL V CAMACHO SR LLC 614.00 293433 1/2/2013 HOUSING AUTHORITY CITY OF NEW BRITAIN 724.78 293434 1/2/2013 ILLINOIS STATE DISBURSEMENT UNIT 142.32 293435 1/2/2013 INTERNAL REVENUE SERVICE 50.00 293436 1/2/2013 CHAPTER 13 TRUSTEE 277.30 293437 1/2/2013 IRC FIRE FIGHTERS ASSOC 6,120.00 293438 1/2/2013 AMERICAN FAMILY LIFE ASSURANCE CO 14,775.34 293439 1/2/2013 MISDU MICHIGAN STATE 445.75 293440 1/2/2013 MUTUAL OF OMAHA 6,547.30 293441 1/2/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 203.23 293442 1/2/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 205.98 293443 1/2/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 114.93 293444 1/2/2013 ECMC 134.83 293445 1/3/2013 TEN-8 FIRE EQUIPMENT INC 642.73 293446 1/3/2013 COPYCO INC DBA 364.79 293447 1/3/2013 RICOH USA INC 196.60 293448 1/3/2013 VELDE FORD INC 717.92 293449 1/3/2013 RUSSELL CONCRETE INC 572.50 293450 1/3/2013 AT&T WIRELESS 846.00 293451 1/3/2013 COLD AIR DISTRIBUTORS WAREHOUSE 533.54 293452 1/3/2013 DELTA SUPPLY CO 129.92 293453 1/3/2013 E-Z BREW COFFEE& BOTTLE WATER SVC 16.47 293454 1/3/2013 MY RECEPTIONIST INC 315.20 2 V CHECK NBR CK DATE VENDOR AMOUNT 293455 1/3/2013 VERO LAWNMOWER CENTER INC 42.79 293456 1/3/2013 AMERIGAS EAGLE PROPANE LP 2,166.75 293457 1/3/2013 HACH CO 369.64 .► 293458 1/3/2013 PHYSIO CONTROL INC 786.25 293459 1/3/2013 HD SUPPLY WATERWORKS,LTD 6,280.79 293460 1/3/2013 SCHULKE BITTLE&STODDARD LLC 986.45 293461 1/3/2013 FIRESTONE COMPLETE AUTO CARE 1,139.92 293462 1/3/2013 HOMELAND IRRIGATION 257.43 293463 1/3/2013 GENERAL PART INC 683.11 293464 1/3/2013 GOODYEAR AUTO SERVICE CENTER 421.96 293465 1/3/2013 BLAKESLEE SERVICES INC 710.00 293466 1/3/2013 LOWES CO INC 193.53 293467 1/3/2013 PALM TRUCK CENTERS INC 682.60 293468 1/3/2013 CITY OF VERO BEACH 3,302.09 293469 1/3/2013 LSQ FUNDING GROUP L C 4,591.73 293470 1/3/2013 FLORIDA EAST COAST RAILWAY LLC 5,538.00 293471 1/3/2013 JANITORIAL DEPOT OF AMERICA INC 23.40 293472 1/3/2013 PERCONTI DATA SYSTEMS INC 46,000.00 293473 1/3/2013 TOTAL TRUCK PARTS INC 316.05 293474 1/3/2013 ACUSHNET COMPANY 67.14 293475 1/3/2013 DUMONT COMPANY INC 4,083.75 293476 1/3/2013 ST JOHNS RIVER WATER MGMT DISTRICT 1,000.00 293477 1/3/2013 MUNICIPAL CODE CORPORATIONT 3,274.07 293478 1/3/2013 PERKINS INDIAN RIVER PHARMACY 100.00 293479 1/3/2013 FLORIDA POWER AND LIGHT 883.73 293480 1/3/2013 ACUSHNET COMPANY 253.69 293481 1/3/2013 BLUE CROSS&BLUE SHIELD of FLORIDA 621.52 293482 1/3/2013 TAYLOR MADE GOLF CO INC 522.62 293483 1/3/2013 STATE ATTORNEY 7,728.16 293484 1/3/2013 CATHOLIC CHARITIES DIOCESE OF PALM BCH 3,783.41 293485 1/3/2013 MEDICARE PART B FINANCIAL SERVICES 371.37 293486 1/3/2013 TRICARE 85.43 293487 1/3/2013 AARP INSURANCE 88.77 293488 1/3/2013 INDIAN RIVER FARMS WATER CNTRL DIST 300.00 293489 1/3/2013 INDIAN RIVER FARMS WATER CNTRL DIST 2,595.00 293490 1/3/2013 INDIAN RIVER FARMS WATER CNTRL DIST 17,568.90 293491 1/3/2013 MIZUNO USA INC 172.44 293492 1/3/2013 AETNA 548.00 293493 1/3/2013 GEICO 432.32 293494 1/3/2013 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 19.50 293495 1/3/2013 ADVANCED XEROGRAPHICS IMAGING 1,110.66 293496 1/3/2013 PRICEWATERHOUSECOOPERS LLP 17,500.00 293497 1/3/2013 CHRISTOPHER KAFER 25.00 293498 1/3/2013 MIDWEST MOTOR SUPPLY CO 386.41 293499 1/3/2013 RUSSELL PAYNE INC 763.56 293500 1/3/2013 GLOVER OIL COMPANY INC 53,610.75 293501 1/3/2013 JOHN DEERE LANDSCAPE 107.88 293502 1/3/2013 DAYSPRING 250.00 293503 1/3/2013 METRO FIRE PROTECTION SERVICES INC 1,354.75 293504 1/3/2013 1ST FIRE& SECURITY INC 144.00 293505 1/3/2013 CEMEX 41.04 293506 1/3/2013 BENNETT AUTO SUPPLY INC 275.88 293507 1/3/2013 FLORIDA HANDLING SYSTEMS INC 680.00 293508 1/3/2013 FLORIDA MEDICAID 527.02 293509 1/3/2013 BRENNTAG MID-SOUTH INC 6,620.13 293510 1/3/2013 MASTER METER TDS 2,250.00 293511 1/3/2013 MELLON 104.85 293512 1/3/2013 YAMAHA GOLF CAR COMPANY 26.66 293513 1/3/2013 WOERNER DEVELOPMENT INC 199.50 293514 1/3/2013 MDT PERSONNEL LLC 10,970.00 3 g CHECK NBR CK DATE VENDOR AMOUNT 293515 1/3/2013 RADWELL INTERNATIONAL INC 260.32 293516 1/3/2013 TRACKER SOFTWARE CORPORATION 4,464.00 293517 1/3/2013 DELRAY MOTORS 93.24 293518 1/3/2013 AMETEK DREXELBROOK 582.15 293519 1/3/2013 COMANCO ENVIRONMENTAL CORPORATION 497,836.59 293520 1/3/2013 JOSHUA GHIZ 4,637.87 293521 1/3/2013 NEWSOM OIL COMPANY 711.08 293522 1/3/2013 WILD TURKEY ESTATES OF VERO LLC 7,468.15 293523 1/3/2013 JOHN C HAUSMAN JR 2,447.39 293524 1/3/2013 LAEL PUTMAN 105.78 293525 1/3/2013 ELEANOR SHERMAN 88.21 293526 1/3/2013 ROSE DALESSIO 77.85 293527 1/3/2013 LOIS DANDREA 7.85 293528 1/3/2013 DOUGLES EGGEN 56.05 293529 1/3/2013 JAMES EMRICK 100.00 293530 1/3/2013 ILDIKO BUDD 351.40 293531 1/3/2013 AURORA CAMPANELLO 89.47 293532 1/3/2013 THE NATION 39.00 293533 1/3/2013 ARTHUR AND NANCY GREENWALD 145.75 293534 1/3/2013 ANN MORGAN 69.55 293535 1/3/2013 JUDY HENGERER 70.00 293536 1/3/2013 LAURA GORMAN 150.00 293537 1/3/2013 GER-ARD R-EICHERT 3,589.97 Grand Total: 913,381.74 4 10 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 2227 12/28/2012 SENIOR RESOURCE ASSOCIATION 1,385.00 2228 12/28/2012 JMC SERVICES INC 41,853.85 2229 12/31/2012 CLERK OF CIRCUIT COURT 74,969.41 2230 12/31/2012 INDIAN RIVER COUNTY SHERIFF 2,964,036.48 2231 12/31/2012 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 70,142.59 2232 1/2/2013 BANK OF NEW YORK 746,131.25 Grand Total: 3,898,518.58 1 11 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1000611 1/2/2013 EVERGLADES FARM EQUIPMENT CO INC 10.12 1000612 1/2/2013 COMMUNICATIONS INTERNATIONAL 2,753.20 1000613 1/2/2013 LIGHTSOURCE IMAGING SOLUTIONS LLC 65.00 1000614 1/2/2013 INDIAN RIVER BATTERY 642.90 1000615 1/2/2013 REPUBLIC SERVICES OF FLORIDA 318.00 1000616 1/2/2013 AMERICAN CONCRETE INDUSTRIES INC 580.00 1000617 1/2/2013 MIKES GARAGE&WRECKER SERVICE INC 55.00 1000618 1/2/2013 HILL MANUFACTURING CO INC 603.10 1000619 1/2/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 761.05 1000620 1/2/2013 FERGUSON ENTERPRISES INC 18,952.55 1000621 1/2/2013 RECHTIEN INTERNATIONAL TRUCKS 228.44 1000622 1/2/2013 FLAGLER CONSTRUCTION EQUIPMENT LLC 251.23 1000623 1/2/2013 BRIDGESTONE GOLF INC 1,459.96 1000624 1/2/2013 CAPITAL OFFICE PRODUCTS 1,446.00 1000625 1/2/2013 AUTO PARTNERS LLC 446.70 1000626 1/2/2013 L&L DISTRIBUTORS 2738 1000627 1/2/2013 S&S AUTO PARTS 224.95 1000628 1/3/2013 COMMUNICATIONS INTERNATIONAL 593.94 1000629 1/3/2013 INDIAN RIVER BATTERY 25.50 1000630 1/3/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 477.98 1000631 1/3/2013 JOHNSON CONTROLS INC 321.97 1000632 1/3/2013 COMMUNITY ASPHALT CORP 170.68 1000633 1/3/2013 CON-AIR INDUSTRIES INC 1,360.80 1000634 1/3/2013 AT&T 3,938.42 1000635 1/3/2013 OFFICE DEPOT BSD CUSTOMER SVC 450.21 1000636 1/3/2013 WASTE MANAGEMENT INC 844.34 Grand Total: 37,009.42 1 12 Pricing Proposal Quotation#: 6145221 Created On: 12/19/2012 Valid Until: 12/31/2012 County of Indian River FL Account Executive Basil Dancy Daniel Bellinger 1801 27th St. 100 North Tampa Street Vero Beach,FL 32960 Suite 3620 UNITED STATES Phone:813.340.5677 Phone:(772)226-1256 Fax: 732.868.6055 Fax: (772)226-1558 Email: Daniel_Bellinger@shi.com Email: bdancy@ircgov.com All Prices are in US Dollar(USD) Product Qty Your Price Total 1 Microsoft SQL Server-Software assurance -1 CAL-Enterprise,Select,Select Plus 425 $35.00 $14,875.00 -All Languages Microsoft-Part#:359-00792 2 Windows Server Device CAL 425 $5.00 $2,125.00 Microsoft-Part#:R18-00051 3 Exchange Server Device CAL 425 $12.00 $5,100.00 Microsoft-Part#:381-01614 4 SCCM Server PerOSE CAL 425 $7.00 $2,975.00 Microsoft-Part#:J5A-00181 5 Exchange Svr Ent Listed Languages SA Pack MVL EA Addon Annual Payment 4 $703.35 $2,813.40 MICROSOFT-Part#:395-02504 6 SQL Svr Enterprise Edtn Win32 Listed SA Pack MVL EA Addon Annual Payment 5 $1,491.87 $7,459.35 MICROSOFT-Part#:810-04760 7 Microsoft Windows Server Standard Edition-Software assurance-2 processors- 53 $152.41 $8,077.73 Enterprise,Select,Select Plus-All Languages Microsoft-Part#:P73-05898 8 Microsoft System Center Datacenter Edition-Software assurance-2 processors- 1 $450.45 $450.45 EA Addon Annual Payment Microsoft-Part#:T6L-00238 Total $43,875.93 Additional Comments *Please note that SHI now has Adobe,Oracle,Symantec,McAfee,Trend Micro and Corel under State Contract#252-030-09-ACS.* To process your order,you can e-mail your request to floddateam@shi.com.You can also fax it to 732-868-6055.Please include a contact e-mail address on all orders,as this is required by most vendors. SHI Fed ID#22-3009648 SHI is a Certified Minority(Asian-Pacific)Large Account Reseller,specializing in the sale and distribution of government priced software and hardware...including,but not limited to-Microsoft,Symantec,Adobe,Trend Micro,Citrix,Nuance,McAfee,LANDesk, Intel,Cisco,HP,IBM,VMware and more. 16 The Products offered under this proposal are subject to the SHI Return Policy posted at www.sl7i.com/retumpoticV, unless there is an existing agreement between SHI and the Customer. ter. ter.. 17 Document Revision Authorization By signing below, you agree to allow the SHI Microsoft Contracts audit team to make necessary changes and minor revisions to your Microsoft Enrollment including, but not limited to: • Correcting typographical errors • Adding/changing enrollment numbers • Adding/changing amendment numbers Additionally, you acknowledge and consent that: • You will be notified of any change the SHI Microsoft Contracts team makes while submitting your Enrollment to Microsoft. • No alteration by the SHI Microsoft Contracts team will alter your terms and/or pricing for your Enrollment. Customer Name Indian River County BOCC Customer Representative Signature Customer Printed Name and Title ;;_ 3 Date 1 V Microsoft, I Volume Licensing Program Signature Form MBA/MBSA number U0275474 SGN- Agreement number 01E73214 Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here,or listed below as new. Forthe purposes of th+s form, `Customer' can mean fhe signing entity, Enrolled Aff+liateGovernment' Partner, tnst+xution� or other perty enfer+ng Irito a volume hcensfng'program areement This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below. Contractor Code <Choose A reement> Documenf Number'Wde„ <Choose A reement> DOCU+1]ent Number o Code4- <Choose A reement> Document Number or Code <Choose Agreement Document Number,or Code u. ` <Choose Abreement>' Qocument N,umbe or Code' ' n Enterprise Enrollment <Choose Enrollment/Re istration> Document Number'oi Code <Choose Enrollment/Re istration> Document.Number o'i-Code <Choose Enrollment/Re istration> Document;.N:umber,or.Cod.e < i 6s e.iEn 611 ni e nt/Reg istration> Document Number or Code By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents. ProgramSignForm(MSSign)(NA,LatAm)EXBRA,MLI(ENG)(Oct2011) Page 1 of 2 19 Customer Name of Entity (must be legal entity name)* Microsoft Licensing, GP Indian River County BOCC Signature* Signature Printed First and Last Name* Printed First and Last Name Printed Title* Printed Title Signature Date* Signature Date (date Microsoft Affiliate countersigns) Tax ID Effective Date (may be different than Microsoft's signature date) *indicates required field Optional 2nd Customer signature or Outsourcer signature(if applicable) CustomerOutsourcer Name of Entity (must be legal entity name)* Name::`of Entity, (must= be;legal ,e.ntity name)* t� Signature* Signature* �..- Printed First anal Last Name* Printed First and Last Name* Printed Title* Pnnted'Title*.' Signature Date* Signature Date* If Customer requires physical media, additional contacts or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form. If no,media form is included, no physical media will be sent. After this signature form is signed by the Customer, send it and, the Contract Documents to Customer's charinef partner or Microsoft account manager,,who must submit`them to the following address, ;When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy. Microsoft Licensing, GP Dept. 551, Volume Licensing 6100 Neil Road, Suite 210 Reno, Nevada 89511-1137 USA Prepared By: APPROVED AS TO FORN'i IAH-rl LE AJ SUFF°PilNCY P CH � lTYATTORNEY ProgramSignForm(MS Sign)(NA,LatAm)EXBRA,MLl(ENG)(Oct2011) Page 2 of 2 20 Enterprise Enrollment — Custom State and Local Enterprise Enrollment number (Microsoft to complete) U0275474 Proposal ID K451 Previous Enrollment number 01 E61767 Earliest expiring previous (Reseller to complete) Enrollment end date This Enrollment must be attached to aX"signature form #o be valid This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrollment Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form. This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4)zany supplemental contact information form or Previous Agreement/Enrollment form that may be required, (5) any order submitted under this Enrollment. This Enrollment may only be entered into under a 20Ill 0171 t gr."gement. All terms used but not defined are located at http//www.,rrilcrosoft.corn/Ileenstng/contacts In the event of any conflict the terms of this agreement:control. Effective date. If.Enrolled Affiliate is rer2ewing Software Assurance or Subscription Ucenso, from one or more previous -Enrollments or agreements, then the effective date will be the day after the first `"prior Enrollment or':agreement expires or terminates Otherwise, the effective date` well ;be the date this Enrollment is accepted by Microsoft. If renewing Software Assurance, the Reseller will need to insert the previous enrollment or agreement number and end date m the respective bones above: z< ll Term. This Enrollment will expire on the last day of tie month, 36 full calendar months from the effective date unless otherwise,renewed. Any reference in this Enrollment to "day`will be a calendar day. Product order. The Reseller will provide Enrolled Affiliate with Enrolled Affiliate's Product pricing and. order, Prlcs and billing terms for all Products ordered will be determined by agreement between Enrolled Affiliate and 'the Reseller.The Reseller will provide Microsoft with the order separately from this Enro11Ment. Prior Enrollment(s). If renewing Software Assurance or Subscription Licenses from another Enrollment or agreement, the previous Enrollment or agreement number and end date must be identified in the respective boxes above. If renewing from multiple Enrollments or agreements, or transferring Software Assurance or MSDN details, the Previous Agreement/Enrollment form must be used. Terms and Conditions 1. Definitions. Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment: "Additional Product" means any Product identified as such in the Product List and chosen by Enrolled Affiliate under this Enrollment. EA201 1 EnrGov(US)Sl-G(ENG)(Jul201 1) Page 1 of 14 Document X20-02113 21 "Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the '4AW- Product List and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted. "Enterprise Product" means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product List and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products may only be licensed for all Qualified Devices and Qualified Users on an Enterprise-wide basis under this program. "Expiration Date" means the date upon which the Enrollment expires. "Industry Device" (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi-function server, or a commercially viable substitute for one of these systems; and (2) only employs an industry or task-specific software program (e.g. a computer-aided design program used by an architect or a point of sale program) ("Industry Program"). The device may include features and functions derived from Microsoft software or third-party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with-the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. Y 9 "Qualified Device" means any personal desktop computer ,portable computer .;workstation, or similar device that is used by or for the benefit of Enrolled Affiliates Enterpnse It does not:^include: (1) any computer that is designated as a server and not used as apersonal corrrputer, (2) any Industry Device, (3) any device running an embedded operating system (e.g', Windows Phone£7j:that does not.access a virtual desktop infrastructure or (4) any device that,.is not managed and%or controlled either directly or indirectly by Enrolled Affiliate's' Enterpnse ;Enrolled Affiliate may include as a Qualifieci Device, any device which would be excluded above(e g ,industry Device) `am, "Qualified User". means,.a person (e.g, employee consultant con"tingent'staff) vvho, (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product`Client Access License or any Enterprise Online Service. It does not include a oersori who accesses' server software or an Online Service solely under a License identified inthe Quahfied.User exeiimptions in the Product List. "Reserved License means for an Online Service identified as eligible for true-ups in the Product List, the License reserved by Enrolled Affiliate prior to use and for vvhtch Microsoft,will make the Online Service available for activation. Transition.' means the conversion of one or more License to.or from another License(s). Products eligible for Transition and permitted Transitions are identified in the Product List. "Transition Period" means the time between the Transition and the next Enrollment anniversary date for which the Transition is reported. 2. Purpose. This Enrollment enables Enrolled Affiliate's Enterprise to obtain, or subscribe to, Licenses for Enterprise Products, Enterprise Online Services, and Additional Products. Enrolled Affiliate may choose between on-premise software and Online Services as well as the ability to transition Licenses to Online Services while maintaining Enterprise-wide coverage. Additionally, Enterprise Online Services may be purchased without Enterprise-wide coverage. 3. Product Use Rights, Qualifying Systems Licenses and Transitions. In addition to applicable terms of the Enterprise Agreement, the following terms apply to this Enrollment: `law, EA201 1 EnrGov(US)SLG(ENG)(Ju1201 1) Page 2 of 14 Document X20-02113 22 a. Product Use Rights. For Enterprise Products, if a new Product version has more restrictive `°•W use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to the Enrolled Affiliate's use of that Product during the term. b. Qualifying systems Licenses. The operating system Licenses granted under this program is upgrade Licenses only. Full operating system Licenses are not available under this program. If Enrolled Affiliate selects any Desktop Platform, Windows Desktop Operating System Upgrade, or Windows Intune, all Qualified Devices on which Enrolled Affiliate expects to run the Windows Desktop Operating System Upgrade must be licensed to run, and have installed on them, one of the qualifying operating systems identified in the Product List. Note that the list of operating systems that qualify for the Windows Desktop Operating System Upgrade varies with the circumstances of the order. That list is more extensive at the time of the initial order than it is for some subsequent orders and system refreshes during the term of this Enrollment. Exclusions are subject to change when new versions of Windows are released. For example: The following are not considered qualifying operating systems: (1) ANY Windows Home or Starter edition; (2) Embedded Systems; and (3) Linux. These are examples of exclusions only and may change. Please,..see Product List for all current qualifying operating systems. C. Transitions. The following requirements apply ta;Transition s (i) Licenses with active Software Assurance or;Subscription Licenses ma be Transitioned at any time if permitted in the Product List While Enrolied Affiliate may Transition any time, it will not,,be able to reduce Licenses or associated Software Assurance prior to the end of the'--Tr "66itl6hPeriod. r (ii) If a Transition is made;back to a License that had active Software Assurance"as ef,the tlate of Transition then Software Assurance will_need to be re ordered for all'such 1 Licenses on a. prospeetiue basis following the Transition Penod: Software-Assurance coverage may not exceed the quanfity, of perpetual Licenses for;which Software Assurance was current at the time of".any prior Transition 5oftwa.reAssurance may not be applied to Licenses transferred b�r` nrolle Affiliate (iii) If a device-based License is.Transitioned to a'taser-based License, all users of the device must be licensed as part of the Transition. (iq),If`a user-based License is Transitioned to a device-based License; all devices accessed by the user must be licensed as part of the Transition. d. Effect of Transition on Licenses. Transition will not affect Enrolled Affiliate's rightsin perpetual Licenses paid in full. (i) New version rights will be granted for perpetual Licenses covered by Software Assurance up to the end of the Transition Period. (ii) For L&SA not paid in full at the end of the Transition Period, Enrolled Affiliate will have perpetual Licenses for a proportional amount equal to the total of installments paid versus total amounts due (paid and payable)for the Transitioned Product. (iii) For L&SA not paid in full or granted a perpetual License in accordance with the above or Subscription Licenses, all rights to Transitioned Licenses cease at the end of the Transition Period. 4. Pricing. a. Price Levels. For both the initial and any renewal term Enrolled Affiliate's Price Level for all Products ordered under this Enrollment are subject to Section 2(e)(i) of the Enterprise EA2011EnrGov(US)SLG(ENG)(Ju12011) Page 3 of 14 Document X20-02113 23 Agreement, as amended, throughout the term of the Enrollment. Price Level's will be captured in the Product Selection Form. b. Setting Prices. Enrolled Affiliate's prices for each Product will be established by its Reseller. Microsoft's prices for Resellers are fixed throughout the Enrollment term based upon current prices at the time of the initial order for the Product. This includes the following: (i) Any future pricing (if applicable); and (ii) Prices for Transitions, including any prices related to the use of a Product during the Transition Period (if applicable). 5. Order requirements. a. Minimum Order Requirements. Except as may be otherwise agreed to in writing, Enrolled Affiliate's Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. (i) Initial Order. Initial order must include at least 250 Licenses from one of the four groups outlined in the Product Selection Form. (ii) If choosing Enterprise Products. If choosing Enterprise Products in a specific group outlined in the Product Selection Form, Enrolled Affiliates initial order must include an Enterprise-%vide selection of one or more Enterprise Products or a mix of Enterprise Products and corresponding Enterprise Online Services for That group, (n ) At' dditional Products. Upon satisfying the mmlmum order requirements above, Enrolled Affiliate may order Additional Products: (iv) Country`of Usage Enrolled Afflllate`must specify the countries where Licenses will be used on;tts3mitial order and on:any additional.orders. r b. Adding Products. VY' Adding new; Product's not• previously ordered Enrolled Affiliate may add new Enterprise Products by entering into a neva:Enrollment or." as pail of a renewal. New Enterprise Online Services may,be addetl by contacting; a Reseller. New Additional Products, other than Online Servicesr^rnay be used`if an order is placed in the month the Product is first used. For Additional Products tfiaf`are Online Services, an initial order for the Online Service is required prior to use. (ii) Adding Licenses for previously ordered Protlucts. Additional Licenses for previously ordered Products must be included in the next true-up order. Enrolled Affiliate must Licenses for Online Services prior to use; unless the Online Services are (1) identified as eligible for true-up in the Product List or(2) included as part of other Licenses(e.g., Enterprise CAL), c. True-up orders. Enrolled Affiliate must submit an annual true-up order that accounts for changes since the initial order or last true-up order, including: (1) any increase in Licenses, including any increase in Qualified Devices or Qualified Users and Reserved Licenses; (2) Transitions (if permitted); or (3) Subscription License quantity reductions (if permitted). Microsoft, at its discretion and as permitted by applicable law, may validate the customer true-up data submitted through a formal product deployment assessment, using an approved Software Asset Management('SAM') Partner. The true-up order must be received by Microsoft between 60 and 30 days prior to the Enrollment anniversary date. The third-year anniversary true-up order is due within 30 days prior to the Expiration Date. Enrolled Affiliate may true-up more often than at each Enrollment anniversary date except for Subscription License reductions. (i) Enterprise Products. Enrolled Affiliate must determine the current number of Qualified Devices and Qualified Users (if ordering user-based Licenses) and order the License difference(if any), including any Enterprise Online Services. EA201 1 EnrGov(US)SLG(ENG)(Ju1201 1) Page 4 of 14 Document X20-02113 24 (ii) Additional Products. For Products which have been previously ordered, Enrolled Affiliate must determine the Additional Products used and order the License difference(if any). (iii) Online Services. For Online Services identified as eligible for true-up orders in the Product List, Enrolled Affiliate must first reserve the additional Licenses prior to use. Microsoft will provide a report of Reserved Licenses in excess of existing orders to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retroactively for the prior year based upon the month in which they were reserved. (iv) Late true-up order. If the true-up order is not received when due: 1) Microsoft will invoice Reseller for all Reserved Licenses not previously ordered. 2) Transitions and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). (v) Transitions. Enrolled Affiliate must report all Transitions. Transitions may result in an increase in Licenses to be included on the true-up order and a reduction of Licenses for prior orders. Reductions in Licenses will be effective at end of the Transition Period. Associated invoices will also reflect this change. (vi)Subscription License Reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses on a prospective basis if permitted, in the Product List as follows: 1) For Subscription Licenses part of anEnterprise'-wide commitment Licenses may be reduced if the total quantity of Licenses and Software Assurance for;an applicable group meets or exceeds the quantity of_ Qualified Devices identifiedon,;the Product Selection Form Step-up Licenses,do:not count towards this total count 2) For Enferpr'ise Online Services not ,a part .of an _Enterprise wide commitment, Licenses can be retluced as long as the initial ortler minimum requirements''are maintained. 3) For Additional Products available as Subscription Licenses, 'Enrolled Affiliate may reduce the Licenses.. If the License count is�reduced to;zero,then Enrolled Affiliate's use of the applicable Subscnption License will tie cancelled. Invoices will be adjusted to.reflect any reductions'in Subscription Licenses at the true-up order Enrollment anniversary date and effective as of such date. (vii)Update statement. An update statement must be submitted insfead of a true-up order if, as of the initial order or last true-,up order, Enrolled Affiliate's `Enterp.rise has not:.(1) changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) increasedits usage of Additional Products. This update statement must be signed by Enrolled Affiliate's authorized representative. The update statement must be received by Microsoft between 60 and 30 days prior to the Enrollment anniversary date. The last update statement is due at least 30 days prior to the Expiration Date. d. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows: (i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true-up process. (ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up initially by following the process described in the Section titled "Adding new Products not previously ordered," then for additional step-up Licenses, by following the true-up order process. EA201 1 EnrGov(US)SLG(ENG)(Ju1201 1) Page 5 of 14 Document X20-02113 25 (iii) If Enrolled Affiliate has previously ordered an Online Service as an Additional Product and wants to step-up to an Enterprise Online Service eligible for a Transition, the step-up may be reported as a Transition. (iv) If Enrolled Affiliate Transitions a License, it may be able to further step-up the Transitioned License. If Enrolled Affiliate chooses to step-up and the step-up License is separately eligible to be Transitioned, such step-up Licenses may result in a License reduction at the Enrollment anniversary date following the step-up. 6. Payment terms. For the initial or renewal order, Enrolled Affiliate may pay upfront or elect to spread its payments over the applicable Enrollment term. If spread payments are elected, unless indicated otherwise, Microsoft will invoice Enrolled Affiliate's Reseller in three equal annual installments. The first installment will be invoiced upon Microsoft's acceptance of this Enrollment and on each Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses. 7. End of Enrollment term and termination. a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment. b. Renewal Option.,.,!*the Expiration Date: Enrolled Affiliate can renew Products by renewing the Enrollment for one additional 36 full calendar month term„or signing a n..ew Enrollment. Microsoft must receive a°:Product Selection Form: and renewal order pnor to or 'et the Expiration Date The renewal term will starfi on the'day following the Expiration pate. Microsoft will not unreasonably reject any renewal Microsoft may ,make:.a c'h jhgeto this program that will make it necessary for Customer and"its Enrolled Affiliates to: enter into new Agreements and Enrollments. c. If Enrolled Affiliate elects not to renew:'. (i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product,,under its Enrollment, then Enrolled Affiliate will not be permitted to order Software'Ass'urance later without first acquiring L&'SA, Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product List; the following options are available at the end of the.Enrollment initial or renewal term. 1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term feature that allows Online Services to continue month-to-month ("Extended Term") is available. During the Extended Term, Online Services will be invoiced monthly at the then-current published price for Enrolled Affiliate's price level as of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled Affiliate does want an Extended Term, Government Partner must submit a request to Microsoft. Microsoft must receive the request not less than 30 days prior to the Expiration Date. 2) Cancellation during Extended Term. If Enrolled Affiliate has opted for the Extended Term and later determines not to continue with the Extended Term, Government Partner must submit a notice of cancellation for each Online Service. Cancellation will be effective at the end of the month following 30 days after Microsoft has received the notice. (iii) Online Services not eligible for an Extended Term. If Online Services are not identified as eligible for an Extended Term in the Product List, the Licenses will be EA2011EnrGov(US)SLG(ENG)(Ju12011) Page 6 of 14 Document X20-02113 26 cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate's Enterprise must discontinue use. Microsoft may request written certification to verify compliance. (iv) Customer Data. Upon expiration or termination of a License for Online Services, Enrolled Affiliate must tell Microsoft whether to: 1) disable its account and then delete its Customer Data ("Data Deletion"); or 2) retain its Customer Data in a limited function account for at least 90 days after expiration or termination of the License for such Online Service (the "Retention Period") so that Enrolled Affiliate may extract its Customer Data. 3) If Enrolled Affiliate indicates Data Deletion, Enrolled Affiliate will not be able to extract its Customer Data. If Enrolled Affiliate indicates it wants a Retention Period, Enrolled Affiliate will be able to extract its Customer Data through Microsoft's standard processes and tools, and Enrolled Affiliate will reimburse Microsoft if there are any applicable costs to the extent allowed by applicable law. If Enrolled Affiliate does not indicate either Data Deletion or a Retention Period, Microsoft will retain Enrolled Affiliate's Customer Data in accordance with the Retention Period. 4) Following the expiration of the Retention Period,-:Microsoft will disable Enrolled Affiliate's account and then delete its Customer Data. 5) Enrolled Affiliate agrees that, other than as °_described above Microsoft has no obligation to continue to hold, export or return Enrolled Affiliates Customer Data. Enrolled Affiliate agrees Microsoft hasno liability whatsoever, or deleton..of Enrolled Affiliate's Customer Data pursuant to these terms d. Termination: (i), Terrriiration for cause Either party to.an Erlrollment may ter"rninate"it"i"f:;the other party rnatenally breaches its :obligations under this. agreement including .„.w any obligation-"o submit orders or pay invoices (even if such non;payment is caused by non-approprjataon"of funds) Except where th'e:breach is by its nature not curable within 30sthe terminating party;must give he other party 30 days notice and opportunity to cure (ii) The parties acknowledge and agree that the State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event funds are not appropriated by the Legislature, the State of Florida will provide 30 days written notice to Microsoft of such non-appropriation and intent to terminate any applicable Enrollmenfs. (iii) Early termination. If(1) an Enrolled Affiliate terminates its Enrollment as a result of a breach by Microsoft, or (2) if Microsoft terminates an Enrollment because the Enrolled Affiliate has ceased to be an Affiliate of Customer, or (3) Enrolled Affiliate terminates an Enrollment for non- appropriation of funds, or (4) Microsoft terminate an Enrollment for non-payment due to non-appropriation of funds, then the Enrolled Affiliate will have the following options: ■ It may immediately pay the total remaining amount due, including all installments, in which case,the Enrolled Affiliate will have perpetual rights for all Licenses it has ordered; or ■ It may pay only amounts due as of the termination date, in which case the Enrolled Affiliate will have perpetual Licenses for: 1) all copies of Products (including the latest version of Products ordered under SA coverage in the current term)for which payment has been made in full, and 2) the number of copies of Products it has ordered (including the latest version of Products ordered under Software Assurance coverage in current term)that is proportional to the total of EA201 1 EnrGov(US)SLG(ENG)(Ju1201 1) Page 7 of 14 Document X20-02113 27 installment payments paid versus total amounts due (paid and payable)if the early termination had not occurred. Nothing in this section shall affect perpetual License rights acquired either in a separate agreement or in a prior term of the terminated Enrollment. (iv) Effect of termination or expiration. When an Enrollment expires or is terminated, ■ Enrolled Affiliate must order Licenses for all copies of Products it has run for which it has not previously submitted an order. Any and all unpaid payments or any order of any kind, including subscription services, remain due and payable. Except as provided in the subsection titled "Early termination," all unpaid payments for Licenses immediately become due and payable. ■ Enrolled Affiliate's right to Software Assurance benefits under this agreement ends if it does not renew Software Assurance. (v) Modification or termination of an Online Service for regulatory reasons. Microsoft may modify or terminate an Online Service where there is any current or future government requirement or obligation that: (1) subjects Microsoft to any regulation or requirement not generally applicable to businesses operating there; (2) presents a hardship for Microsoft to coritinue operating the Online Service without modification; and/or (3) causes Microsoft to believe these terms or the Online Service may be in conflict with any,such requirement or obligation. For example, Microsoft may modify or terminate:an OnCine Service. in connection with a government requirement that would cau°se Microsoft to be regulated as a telecommunications provider (vi) Enterprise Agreement Program updates: Microsoft m`ay make a change to th►rs Program-that will make it necessary dor Customer and its Enrolled Rffilates to enter into new .agreements 'and Enrollmenis For'Subscriptiori Licenses; iri:;the event of a breach by Microsoft, Microsoft will issue Reseller:a''Credit,ifo, any amount paid Y in advance that,would a pp I after the,date of°termination:' .. EA201 1 EnrGov(US)SLG(ENG)(Ju1201 1) Page 8 of 14 Document X20-02113 28 *48W Enrollment Details I. Enrolled Affiliate's Enterprise. Identify which Affiliates are included in the Enterprise. Check only one box in this section: ® Enrolled Affiliate ❑ Enrolled Affiliate and the following Affiliate(s): ❑ Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded: Please indicate whether the Enrolled Afflhate s:=Enterprise vuill include alt") Afflllates acquired after;the start of this Enrollment Anclude future Afflhalow tes 2. Contact information. Each party will notify the other in writing if any of he `inforinatlon in the following contact information page(s) changes. The asterisks (*) indicate required'"fields By provlding,contact information, Enrolled Affiliate consents to Its use for purposes of`administering this Enrollment by Microsoft, its Affiliate and other parties that.help administer this Enrollment. The personal information provided in connection with this''Enrollment will be used and protected in accordance .with the privacy statement available at https//www: 'icrosoft com/licensing/servicecenter. a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate's Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. Name of entity(must be legal entity name)* Indian River County BOCC Contact name* First Last Contact email address* Street address* City* State/Province* FL Postal code* - (For U.S. addresses, please provide the zip +4, e.g. xxxxx-xxxx) Country* USA Phone* Fax Tax ID b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may EA201 1 EnrGov(US)SLG(ENG)(Ju1201 1) Page 9 of 14 Document X20-02113 29 grant online access to others, and (3) is authorized for applicable Online Services to add or reassign Licenses, step-up, and initiate Transitions prior to a true-up order. ® Same as primary contact Name of entity* Contact name* First Last Contact email address* Street address* City* State/Province* Postal code* - (For U.S. addresses, please provide the zip +4, e.g.xxxxx-xxxx) Country* Phone* Fax Language preference. Choose the language for notices. English ❑ This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. c. Microsoft Account Manager. Microsoft Account Manager for this Enrolled Affiliate is: Microsoft account manager name: Microsoft account manager email address: d. Media delivery contact(DO NOT COMPLETE,;It=ATTACHIN"G MEDIA ELECTION FORM). This is the contact at the ship to/electronic delivery address ® Same as notices contact and Online administrator Name of entity* Contact Warne First* Last* Contact email address(requiredfor onlme access)* Street addres's (no.PO boxes accepted)* City* State/Province* Postal code* - (For U.S. addresses, please provide th' +4, e g xxxxx xxxx) Country* Phone* Fax e. Online Services 'Manager. This contact,is authorized to manage the Online Services, ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses, step-up, and initiate Transitions prior to a true-up order:' ® Same as.notices contact and Online Administrator Name of entity* Contact name*: First Last Contact email address* Street address* City* State/Province* Postal code* Country* Phone* Fax ❑ This contact is from a third party organization (not the entity). Warning: This contact receives personally identifiable information of the entity. f. Reseller information. Reseller contact for this Enrollment is: Reseller company name* SHI International Corp Street address (PO boxes will not be accepted)* 290 Davidson Ave City* Somerset State/Province* NJ Postal code* 08873 Country* USA Contact name* Daniel Bellinger EA2011EnrGov(US)SLG(ENG)(Ju12011) Page 10 of 14 Document X20-02113 30 Phone* 813-340-5677 Fax w.- Contact email address*daniel_bellinger@shi.com The undersigned confirms that the information is correct. Name of Reseller* SHI International Signature* Printed name* Printed title*Microsoft Contracts Specialist Date* Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other,, Enrolled Affiliate must choose a replacement Reseller: If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. g. If Enrolled Affiliate requires a separate contact for `;:any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default. • Additional notices contact • Software Assurance manager • Subscriptions manager • Customer Support Manager(CSM) contact 3. Financing elections Is a purchase under this Enrollment being financed through MS Flnarcing? Q Yes.; ot." EA201 1 EnrGov(US)SLG(ENG)(Ju1201 1) Page 11 of 14 Document X20-02113 31 Enterprise and Enterprise Subscription Enrollment Product Selection Form — Amendment ID CTM -SplitCC The following Amendment replaces the standard Enterprise and Enterprise Subscription Enrollment Product Selection Form and Amends the "Order Requirements" Section of the Enrollment. This Amendment enables the Enrolled Affiliate the ability to meet the initial Enrollment Order requirements with Products other than Enterprise Products and Enterprise Online Services Products. These Products are captured under the Platform Option of "Enterprise Product Components" specified in Step 1 below. Enrolled Affiliate may select "Enterprise Product Components" for all Qualified Users/Devices without the requirement of also having Enterprise Products or Enterprise Online Services specified on this Amendment. Step 1. Please indicate whether Enrolled Affiliate is ordering Enterprise Products or Enterprise Online Services on the initial enrollment order. Choose both if applicable. Q Enterprise Products. Choose platform option: Enterprise Product Components Qualified Devices: Qualified Users.: 425 ❑ Enterprise Online Services Step 2. Select the Products art&( Quantities Enrolled Affiliateis=ordering on its initial Enrollment Order. Quantity may notinclude any Licenses which Enrolled Afflhate has selected for optional future use, or to w;hlch itis transitioning or stepping up within'enrollment term Products for"which �.. the:Enrolled Affiliate has an option to transition or step up should be I:Isted In Step 3 � � Quantity Office fessiorial Office Pro Plus Office Pro Plus for Office 365 Office-Standard ;, 'Office 3..04`.P Office 365 (Plan E1) Office 365 Plan E2 Office.365. Plan E3 Office 365 Plan E4 EA2011EnrGov(US)SLG(ENG)(Ju12011) Page 12 of 14 Document X20-02113 32 Products' Client Access L`icense's'CAL . Choose 1 0"tion_,for either Core CAL orEnter °rise C'AL ❑ Core CAL, including Bridge CAL's if applicable) Core CAL Core CAL Bridge for Office 365 Core CAL Bridge for Windows Intune Core CAL Bridge for Office 365 and Windows Intune ❑ Enterprise CAL ECAL ECAL ECAL Bridge for Office 365 ECAL Bridge for Windows Intune ECAL Bridge for Office 365 and Windows Intune The Client Access License selection must be the same across the Enterprise. Specify whether licens ng CAL per Device or User: User Enter ,rise,lProdct Corm ,orients,Choose, t,.or multi le Com`orients ,;" ❑� Windows CAL 425 Q Exchange Standard CAL 425 ❑ SharePoint Standard CAL ❑Lync Server Standard CAL ❑o System Center Configuration Mana erCllent`ML 425 ❑ Forefront End Point Protection77 ❑Windows,,,Remote Desktop Services CAL :. ❑ Exchan a Enterprise CAL ElShi,4,0 Polpt Enter.rise CAL w ❑„L nc.Server Enter rise CAL Lj 5 stem.'Center C11ent,Mana ement Suite ML ❑ Forefront Protect%on Suite, ❑ Forefront Unified-Access;Gatewa CAL> , The Client Access License selection must be th%e same acro's`s the Enterprise: Specify whether licensingCAL per Device or,User: User Windows;Desktop Windows OS Upgrade -. Ohdows VDA Windows•Intune.. . ... . . M Windows Intune Windows Intune Add-on Other Enter To 'd , Microsoft-Desktop Optimization Pack MDOP If selecting Windows Desktop or Windows Intune option, Enrolled Affiliate acknowledges the following: a. The Windows Desktop Operating System Upgrade licenses offered through this Enrollment are not full licenses. The Enrolled Affiliate and any included Affiliates have qualifying operating system licenses for all devices on which the Windows Desktop Operating System Upgrade or Windows Intune licenses are run. b. In order to use a third party to reimage the Windows Operating System Upgrade, Enrolled Affiliate must certify that Enrolled Affiliate has acquired qualifying operating system licenses. See the Product List for details. Step 3. Indicate new Enterprise Products and Online Services Enrolled Affiliate has selected for optional future use where not selected on the initial enrollment order(above): EA2011EnrGov(US)SLG(ENG)(Ju12011) Page 13 of 14 Document X20-02113 33 Products' ❑ Office Pro Plus for Office 365 ❑ Office 365 Plan E1) ❑ Office 365 (Plan E2) ❑ Office 365 Plan E3 ❑ Office 365 Plan E4 ❑ Enterprise CAL (ECAL) Step-up, including Bridge CALs ❑Windows Intune ❑Windows Intune Add-on Step 4. Establish the Enrolled Affiliate's Price Level. Enrolled Affiliate must first count the quantity of Software Assurance and Licenses in each of the groups as described below by using the quantities entered in the above table. If Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated with an applicable Product pool, the price level for Additional Products in the same pool will be price level "D" throughout the term of the Enrollment. Do not include Bridge CALs, as License quantities are determined by the corresponding Enterprise Online Service(s). ProductsQty from above Qty Price Group Level Office Professional Plus + Office 2150 and 11 Professional Plus for Office 365 + 1 - Above D Office 365 Plans E2—E4 Client Access License+ Office 365 (Plans E1 E4) + Enterprise 2'` 425 ProductCom ,orients,:., Client Access License+Windows Intune Add on`+Windows Int'une+ 3 425 rwindows ter rise Product Com orients Windows Desktop Upgrade+ VDA+Windows Intune 4 ProductOffering/Pool Price Level Enterprise Products and Enterpr..ise Online Services:' nce` 'Set plevel using the D highest Vanjhfrom,:Groups 1 through 4 Additional Product Application Pool: Set price le'+ 1 usin' quantit from Group 1 D Additional Product Server Pool: Set price level using-the highest quantify from. G'IrouD 2 or 3 D Additional Product Systems Pool:'Set price level using quantity from Group 4 D Enterprise Online Services may not be available in all locations. Please see the Product List for a list of locations where these may be purchased. 2 Additional Products may be included on the order, but are not selected on this form. 3 Windows Intune Add-on requires purchase of Windows OS Upgrade or Windows VDA. MDOP requires purchase of Windows OS Upgrade,Windows VDA, or Windows Intune. This form must be attached to a slaM pre form to be valid. EA2011EnrGov(US)SLG(ENG)(Ju12011) Page 14 of 14 Document X20-02113 34 CONSENT AGENDA g� INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Office of Assistant County Administrator Department of General Services TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrator THROUGH: Michael Zito, Assistant County Administrato* FROM: Brad Bernauer, Human Services Director DATE: December 18, 2012 SUBJECT: Children's Services Advisory Committee's Annual Report, 2011-12. BACKGROUND: The Children's Services Advisory Committee met on December 17, 2012 and approved the 2011-12 annual report. The Annual Report supplies the following information: • Names of members of the Children's Services Advisory Committee, the Grant Review Subcommittee and Needs Assessment Subcommittee • An overview of the history,mission and goals of the committee • Changes that have occurred during the year • A synopsis of funds expended • A report on each agency and program, including the number of children served and the cost per child. • Grant funds received and amount of funds expended • Progress towards goals set in the grant application • The total number of children served RECOMMENDATION: Staff recommends that the Board accept the Annual Report for 2011-12, as submitted. ATTACHMENT: Children's Services Advisory Committee's Annual Report (2011-12). APPROVED AGENDA ITEM Indian River 6o7j Ap ved Date Admin FOR: JANUARY 15, 2013 Legal l., Budget r BY: Dui Department / ti.. Josep A. Baird, County Administrator Risk Manager 35 INDIAN RIVER COUNTY CHILDREN'S SERVICES ADVISORY COMMITTEE A O�Z ORl ANNUAL REPORT October 1, 2011- September 30, 2012 "Healthy Children in a Healthy Community" Children's Services Advisory Committee of Indian River County Department of Human Services 1801 27th Street Vero Beach, Florida 32960 - 1 - 36 INDEX Children's Services Advisory Committee Members .................................... 3 Staff .................. 3 .............................................................................. Sub-Committees Members............................................................ 3 Mission .................... 4 ....................... ............................................ Vision ............................................................................................. 4 History .......................................................................................... 4 Funding ....................................................................................... 4 Accountability ................................................................................. 4 Collaboration .................................................................................... 5 Purpose .......................................................................................... 5 Needs Assessment ........................................................................... 5 �. Advisory Committee and Sub-Committees ............................................. 5 Process ...................... 6 ..................... ....................................... Overarching Goals ........................................................................... 6 Agencies Funded for 2011-12 ........................................................... 7 NeedsAssessment. ........................................................................ 8 2011-12 Programs ........................................................................ 9 - 36 - 2 - 37 CHILDREN'S SERVICES ADVISORY COMMITTEE MEMBERS Peter O'Bryan, County Commissioner Robert Hawley, Judge, 19th Circuit Miranda Hawker, Chairperson Dr. Fran Adams Cheri Sheffer Daryl Loar Louis Aprile Kip Jacoby Karen Deigl Erin Grail Judy Jones Michele Falls Paul Tanner STAFF Brad Bernauer, Director Human Services NEEDS ASSESSMENT SUB-COMMITTEE Karen Deigl, Chairperson Michael Kint �.. Sue Rux Barbara Ford Julie Risedorf Bob Wilson Hope Woodhouse GRANT REVIEW& PROGRAM SUB-COMMITTEE Kip Jacoby, Chairperson Richard Lane Eugene Caldarone Lou April Robert Johnson Beverly O'Neill Julie T Risedorf Erin Grail Michele Falls Carol Mahony Hope Woodhouse - 3 - 38 CHILDREN'S SERVICES ADVISORY COMMITTEE The objective of the Children's Services Advisory Committee, working as an advisory committee to the Indian River County Commissioners, is to give Indian River County children, age 0-17, the opportunity to grow up as "Healthy Children in a Healthy Community". The term "healthy" encompasses the socioeconomic, physical, environmental, educational and behavioral aspects of a child's life. It is also the objective to recommend a unified system of planning and delivery, within which children's needs can be identified, targeted, evaluated and addressed by Children's Services Advisory Committee, through the Board of County Commissioners. MISSION The mission of Children's Services Advisory Committee is to facilitate and coordinate the planning and development of an effective and collaborative health and human services delivery system to meet the needs of children of Indian River County. The Children's Services Advisory Committee strongly supports cultural diversity and encourages its funded programs to demonstrate the inclusion of all children and families in program development and implementation. VISION The efforts of the Children's Services Advisory Committee will insure the development of a shared vision for the health and human services delivery system in Indian River County, enabling funding sources and providers to define the performance of their roles in a dynamically 141"' changing environment. HISTORY County Ordinance #99-01 updated the Children's Services Advisory Committee on January 19, 1999. The ordinance was patterned after FL125.901, which seeks to provide an organized framework for developmental, treatment and rehabilitative services for children. FUNDING October 1, 2011 -September 30, 2012 was the 15th year the Board of County Commissioners has authorized funding. The amount of funding for 2011-2012 was $656,726.00. The program is funded through a payment of(up to) 0.125 mil of Ad Valorem Property Taxes. ACCOUNTABILITY The Children's Services Advisory Committee is an advisory committee that is accountable to, and functions under, the direction of, Indian River County Commissioners through the Department of Human Services. The Committee is comprised of a voluntary body, appointed by the Board of County Commissioners, which carefully monitors program costs, to provide maximum benefit from the taxpayer's dollars with minimal overhead costs. Also, the committee is authorized to seek grants from State and Federal agencies, and accept donations from public and private sources. - 4- 39 W► COLLABORATION Children's Services Advisory Committee was established as a collaborative entity with linkage to agencies and providers of children's services. It seeks to provide a unified system, without duplication of existing services. It is the policy of the Indian River County Board of Commissioners to work in a cooperative venture with (but not limited to) such entities as the United Way, for profit and not-for profit organizations, municipalities within Indian River County, the Indian River County School District and all public agencies. PURPOSE The Children's Services Advisory Committee determined that there are children in Indian River County who have very few, or no, resources to succeed to adulthood in a safe, healthy, and productive manner. Also, family involvement must be an integral part of the program requirements, because a family in crisis produces a child in crisis. The purpose of this project is to increase the quality of resources that are important to the community. This is accomplished by a variety of strategies. "Gaps" in services provided are pinpointed and eliminated by establishing and funding new programs. Overcrowded programs are expanded and services supplemented. Effort is taken to locate children and families who may be "slipping through the cracks" of those assistance programs already being provided. In this way the Children's Services Advisory Committee serves Indian River County by providing, or continuing to provide, improved services. NEEDS ASSESSMENT During this reporting period the Children's Services Needs Assessment Sub-Committee using the countywide needs assessment of the current social, health and public safety services in Indian River County, established the Focus of Needs for 2007-08. They also analyzed current data in order to update the needs assessment. The Focus areas that were determined to be most in need for 2011-12 were as follows: • Parenting Education • Increase Childcare Capacities. • Improve and Enhance Community Based Programs • Support After School Programs • Target High Risk Expectant and new mothers ADVISORY COMMITTEE AND SUB-COMMITTEES All committee members and sub-committee members serve in a voluntary capacity. These members include, but are not limited to, member(s) of a Indian River County Commissioner, the Superintendent of Schools, a representative of law enforcement, a County Judge, the Administrator of the Department of Health, and a representative of the Department of Children & Families. There are also members who serve as representatives from the community. - 5 - 40 PROCESS The Needs Assessment and Planning Sub-Committee begin the process assessing areas of ' Indian River County that demonstrate a need and warrant further study. The Children's Services Advisory Committee reviews the reports of both sub-committees. This report has been titled "The Children's Services Plan". The Grant Review Sub-Committee advertises an application, titled "Request for Proposal" through the Indian River County Purchasing Department. The request for proposal is advertised in the Indian River County newspapers for all qualified organizations to respond; and agencies known to provide services to Indian River County children are also mailed the Request For Proposal. In the course of the year Staff encourages all area agencies to respond to the Request for Proposal. Upon receipt of the applications the Grant Review Sub-Committee screens these applications, interviews the applicants, and recommends funding to the Children's Services Advisory Committee. The Children's Services Advisory Committee then makes a recommendation to the Indian River County Board of Commissioners regarding the next fiscal year's funding. The program applications are considered one time a year only. The Board of County Commissioners has final approval of tax dollars spent for Children's Services. OVER-ARCHING GOALS The committee recognizes the need to emphasize improving existing systems, encouraging collaboration among service providers, promoting research based assessment, encouraging innovation, and facilitating greater feedback from stakeholders, professionals, and the community. Primary prevention and early intervention efforts will be prioritized as a continuum of care. Requests for proposals (RFP) must be targeted to meet the needs identified. Provide the children of Indian River County the skills and experiences necessary to succeed to adulthood in a safe, healthy, and productive manner. Support caregivers (parents)—a child's most important resource —to be and do what is needed to prepare and guide children to adulthood in a safe, healthy, and productive manner. - 6- 41 *AWW The Board of County Commissioners funded 14 agencies and 19 programs during the 2011- 2012 fiscal year. Agency Name Program Name Funded Big Brothers & Big Sisters of IRC Children of Promise $15,000 Boys & Girls Club of IRC South County Club $14,813 Sebastian Club $14,813 Youth Volunteer Corps $14,813 Catholic Charities -Samaritan Ctr Samaritan Center $26,664 Child Care Resources of IRC Children in Centers $182,699 Psychological Services $5,925 Dasie Bridgewater Hope Ctr, Inc Daisy Hope Center $40,000 Exchange Club Castle Safe Families $36,540 GYAC Youth & Family Guidance $27,158 Healthy Start of IRC Healthy Families $35,552 TLC $13,332 Redland Christian Migrant Assoc. Childcare Infant/Toddler $24,689 Substance Abuse Council Re-Direct $102,000 Life Skills $62,216 Junior League Whole Child Connection $10,000 United for Families Foster Parent Mentoring $10,500 Homeless Family Center Childcare $9,876 Sun Up $6,500 TOTAL $656,726 During the fiscal year of 2011- 12 there were 5,143 children served. The total actual dollars spent was $648,451 (98.7%). The balance, $7,275 was returned to the County General Fund. The cost per child was only$126.00. - 7 - 42 CHILDREN'S SERVICES ADVISORY COMMITTEE PROGRAMS 2011-12 Program Descriptions. Each program funded in 2011-12 funding year has two descriptions, the Taxonomy Description and a general description. The Taxonomy description is from the Taxonomy of Human Services, a standardized national classification system that indexes community resources based on the services they provide and the target populations they serve. The Taxonomy Description eliminates duplication of services issues. For the purposes of brevity the secondary Taxonomy Description has been shortened. The general description adds information specific to each program. Cost Per Child: Children's Services Advisory Committee funds a wide variety of programs addressing a wider variety of needs in Indian River County. Therefore, it should be understood that the following variables affect the average cost per child. Some programs are provided for individuals, others are for groups. Some programs require highly trained professionals, while other can utilize volunteers. Some programs are residential or home visit programs; while others are day programs. Some of the programs are single source funding and others are shared funding. Some programs are for one occurrence, while others serve a one child the entire school year. - 8 - 43 BIG BROTHERS & BIG SISTERS OF INDIAN RIVER COUNTY "Children of Prisoners to Children of Promise" (COP) (Statistics as of 9/30/12) Grant: $15,000 Total Children Served: 42 Total Adults Served: 49 Cost per Child $357.14: Per the Annual Report for 2011-2012 funding year, the cost per child is $500.00 per child. (This does not include parents served.) Focus Areas Addressed: Child Care Access, Mental Wellness Taxonomy#: PH 150.500-10 Program Description: This community-based program provides one-to-one mentoring for children whose family member(s) are incarcerated in state or federal prison. Collaboration: Indian River County School Board, RSVP, United Way of Indian River County, Indian River Sheriff's Dept., Our Savior Lutheran Church, Gifford Youth Activities Center, and Youth Guidance, Community Church of Vero Beach Comment/2010-11 Monitoring: No changes at this time. GOALS/OUTCOMES REPORT (10/1/2011 — 3/31/12) Outcome#1: 80% of youth who have participated in one-to-one "COP" Mentoring for five months or more will not become involved with the juvenile justice system as measured by reports obtained by DJJ every six months. Baseline: Status of youth upon entering the program. Goal Met- Eleven children have been mentored for five or more months. Eleven out of the Eleven children have not become involved in the juvenile justice system. (100%) Outcome#2: 70% of youth who have participated in one-to-one "COP" Mentoring for five months or more will demonstrate progress in academic performance as reported by the 2011- 2012 IRC report cards. Baseline: Grades for enrolled boys and girls from the first grading period of the 2011-2012 school year. Goal Met-Eleven children have been matched for five months or more. Ten out of eleven children have demonstrated progress in academic performance. (91%) Outcome#3: 90% of youth who have participated in one-to-one "COP" Mentoring for five months or more will improve socialization skills as indicated on the Program outcome Evaluation. Baseline: Program Outcome Evaluation (POE) Pre-test upon entering the program. - 9- 44 Goal Met-Out of the Eleven matches that have been matched for 5 months or more, ten matches have completed the Program Outcome Evaluation. Eleven of the twelve children have improved socialization skills. (91%) BOYS AND GIRLS CLUB OF INDIAN RIVER COUNTY, INC PS-980.1 - Boys/Girls Clubs. Programs that provide a wide range of supervised recreational activities and delinquency prevention services for children and youth of all ages and backgrounds, but particularly for disadvantaged youth, through membership in boys and/or girls clubs. Club members are entitled to use recreational facilities and may have access to counseling, tutorial services, employment assistance, gang programs, drug abuse and alcoholism prevention and other activities and services that direct their energies toward positive social goals and facilitate healthy personality development. This program includes a daily after-school and summer programs for children ages 6-18. "Club" fee is $35.00 for the school year and $30.00 for summer camp. The "Five Core Program" addresses: education and career development, character and leadership development, health and life skills; the arts, and sports, fitness and recreation. During summer/winter/spring break "all day activities" are offered 8 a.m. to 6 p.m. There is a club in South Indian River County, North (Sebastian) Indian River County, and the YVC Club in Vero Beach. Boys & Girls representatives are preparing to open a club in Fellsmere. Boys & Girls Clubs of Indian River County Vero Beach Branch • Total Unduplicated Children Served During Q4: 302 Taxonomy Number: PS-980.100 Boys/Girls Clubs Focus Areas Addressed: CHILDCARE/CHILD HEALTH & EDUCATION • Program Description: This program is designed to: Support the creation of after-school programs that enrich a child's learning environment, by offering a curriculum that includes: homework assistance, tutoring, life skills training, and other enrichment programs. • Collaboration: School District of Indian River County; Homeless Family Center; Youth Guidance; Samaritan Center; Big Brothers/Big Sisters; Substance Abuse Council; Habitat for Humanity; Harvest Food Outreach; Department of Juvenile Justice; CareNet Pregnancy Center; Indian River County Emergency Services; Banana Republic; Keep Indian River Beautiful; United Healthcare GOALS/OUTCOMES REPORT Outcome # 1: By 9/30/2012, a minimum of 75% of Club members will improve their grades and behavior and will maintain an acceptable attendance record. Baseline: 2nd quarter school grades compared to 4th quarter grades. Attendance baseline will be in accordance with the School District, which is excused or unexcused absences beyond nine (9) days per semester are considered excessive. Goal Met: 85% of club members improved or maintained their grades. Programs run during the reporting period: _ 10- 45 r 1tS t-x E Y df y E Pc'�ftlGl �, t' YYf1 orb' 3x t�T�{a €f *wow 1 10,1 gp Healthy Habits 52 25 or 48% 80% improved or maintained Healthy Habits teens 32 NA Will complete by 11/2 Money Matters 22 11 or 50% 100% improved or maintained Goals for Graduation 38 NA NA Triple Play Body 219 NA NA Triple Play Soul 241 NA NA Outcome #2: By 9/30/2012, 80% of program participants will show an increase in knowledge of the dangers of alcohol, tobacco and illicit drug use. Baseline: Pre & Post surveys and feedback from parents, staff and peers. Goat Met for 10-12 year old SMARTS Moves program. 01 ` - EE Prb 4i SMART Girls- 12 6 NA Will complete by 10/14 SMART Moves- 6-9 55 22 or 40% 77% improved or maintained SMART Moves- 10-12 29 13 or 45% 85% improved or maintained Outcome #3: By 9/30/2012, 80% of Club members will increase their self-awareness that they can have an impact on the community and will develop a strong sense of civic responsibility. Establish baseline: pre and post survey results, number of Club members participating and cumulative volunteer hours within the Club and to outside agencies as reported by the 2011-12 year end totals. • 30 unduplicated members volunteered during the reporting period • Members volunteered at Harvest Food Outreach Center- (stock & clean shelves), Vero Beach Boys & Girls Club (club cleanup, United Way Day of Caring & help in various areas), Habitat for Humanity, Keep Indian River Beautiful beach cleanup at JC Beach • 405.68 cumulative hours of community service Outcome #4: By 9/30/2012, 75% of Club parents/guardians will take an active role in their child's activities at the Club. Baseline: 2011-2012 parent/guardian attendance/participation at Club events. During the reporting period, we had the following family events: Fall Program Orientations 7/31, 8/2, 8/7, 8/14; Family Night 9/24 • 56% of parents participated (122 participants out of 217) • Going forward we plan to implement a Family Plus Program called Focus on Family/Encourage parents and guardians to become active volunteers. Boys & Girls Clubs of Indian River County Sebastian Branch - Grant: $12,344 - Funds Used as of 9/30/11: $ 12,344 - Total Children Served as of 9/30/12: 282 Registered members - 11 - 46 Priority Need Area Addressed: 2 - Childcare/Child Health & Education: Support of after-school programs that enrich a child's learning environment, by offering a curriculum that includes: homework assistance, tutoring, life skills training, and other enrichment programs. 5 - Drug Abuse Prevention: Increase drug and alcohol abuse prevention program aimed at the elementary and secondary populations. Brief Description of the Program: Taxonomy Definition PS-980.1000: Programs that provide a wide range of supervised recreational activities and delinquency prevention services for children and youth of all ages and backgrounds, but particularly for disadvantaged youth, through membership in boys and/or girls clubs. Club members are entitled to use recreational facilities and may have access to counseling, tutorial services, employment assistance, gang programs, drug abuse and alcoholism prevention and other activities and services that direct their energies toward positive social goals and facilitate healthy personality development. Collaboration: Church of Latter Day Saints, United Way GOALS/ OUTCOMES REPORT Outcome#1: By 9/30/2012 a minimum of 75% of program participants will maintain or improve their grades and behavior and will maintain an acceptable attendance record. Baseline: 2nd quarter school grades compared to 4th quarter grades. Attendance baseline will be in accordance with the School District, which is excused or unexcused absences beyond nine (9) days per semester are considered excessive. Goal Met: 90% of members maintained or improved their grades. Other programs run during the summer include StreetSMART. Outcome#2: By 6/30/2012 80% of Program Participants will show an increase in knowledge of the dangers of alcohol, tobacco and illicit drugs use. Baseline: Pre & Post surveys and feedback from parents, staff and peers. We did not run the SMARTMoves program during Quarter 4. Quarter 3 goal was met. Outcome#3: By 9/30/2012 80% of program participants will increase their self-awareness that they can have an impact on the community and will develop a strong sense of civic responsibility. Establish Baseline: Pre and post survey results, number of Club members participating and cumulative volunteer hours within the Club and to outside agencies as reported by the 2011-2012 year end totals. Goal Met: Measured by increased participation at volunteer events and verbal satisfaction about giving back to community. Members also desired to do more for their community through acts of service. Seven teens "interned" hours during the 10 week summer camp, accumulating a total of 541 hours in the grant period. They assisted staff during snack and lunch, and worked on various projects with the kids. In exchange for their time, they earned community service hours. The kids used the time clock to punch in and out, and learned valuable job skills by mentoring with the staff. . - 12- 47 Outcome #4: By 9/30/2012, 75% of Club parents/guardians will take an active role in their child's activities at the Club. Baseline: 2011-2012 parent/guardian attendance/participation at Club events. Goal Met Parental involvement at the club this past year has been exceptional and especially during the 4th quarter. During this time we transitioned from our summer program into our after-school program. The transition period is filled with orientations, paperwork and many questions which can be daunting for many parents. The orientations we held had around 25-30 parents each night. Over the course of the past year we have created a strong understanding of expectations when it comes to registering/enrolling children in our programs. Being upfront and forthcoming with our parents from the start has been beneficial for both parties because it eliminates many questions and concerns. At the end of our summer program we held a family night to celebrate the achievements of the kids. Our family nights have been a huge success with great turnouts. At this particular family night we had over 65 parents and family members which do not include the kids. We usually provide hotdogs/hamburgers and drinks while many parents bring a side dish. There is always music, games and activities followed by performances from our kids. During this family night we honored our BGC Olympic winners and artists. Each summer we have two families from Russia who attend the club. They are very grateful for the program that we provide. This past summer one of the dads filmed many of our activities and created a 15 minute video at the end of the summer. The time and detail that went into the video was enormous and we could not have asked for a better gift to remember the summer. Boys & Girls Clubs of Indian River County FELLSMERE CLUB - Grant: $14,813 - Funds Used as of 9/30/12: $ 14,813 - Total Children Served as of 9/30/12: 235 Registered members Taxonomy Number: PS-980.100 Boys/Girls Clubs Focus Areas Addressed: CHILDCARE/CHILD HEALTH & EDUCATION Program Description: This program is designed to: Support the creation of after-school programs that enrich a child's learning environment, by offering a curriculum that includes: homework assistance, tutoring, life skills training, and other enrichment programs. Priority Need Area Addressed: 2 - Childcare/Child Health & Education: Support of after-school programs that enrich a child's learning environment, by offering a curriculum that includes: homework assistance, tutoring, life skills training, and other enrichment programs. 5 - Drug Abuse Prevention: Increase drug and alcohol abuse prevention program aimed at the elementary and secondary populations. Collaboration: School District of Indian River County; Habitat for Humanity; RCMA; Fellsmere Police Dept; Fellsmere Community Enrichment Program. - 13 - 48 GOALS /OUTCOMES REPORT Outcome#1: By 9/30/2012 a minimum of 75% of program participants will maintain or improve their grades and behavior and will maintain an acceptable attendance record. Baseline: 2nd quarter school grades compared to 4th quarter grades. Attendance baseline will be in accordance with the School District, which is excused or unexcused absences beyond nine (9) days per semester are considered excessive. Goal Met: 87% of members improve or maintained their grades. School not in session for Quarter 4. Full report on Outcome#1 issued in Quarter 3 report. Other programs run during the summer session include Art, Club Tech, StreetSMARTS, Science Club and Dance Club. Outcome#2: By 6/30/2012 80% of Program Participants will show an increase in knowledge of the dangers of alcohol, tobacco and illicit drugs use. Baseline: Pre & Post surveys and feedback from parents, staff and peers. e . 3 Y€ Smart Moves- 6 50 32 or 64% 98% Goal Met: 98% maintained or improved their knowledge of the dangers. Outcome#3 By 9/30/2012 80% of program participants will increase their self-awareness that they can have an impact on the community and will develop a strong sense of civic responsibility. Establish Baseline: Pre and post survey results, number of Club members participating and cumulative volunteer hours within the Club and to outside agencies as reported by the 2011-2012 year end totals. Goal Met: 16 teens "interned" 1,556.37 hours during the 10 week summer camp. They assisted staff during snack and lunch, and worked on various projects with the kids. In exchange for their time, they earned community service hours. The kids used the time clock to punch in and out, and learned valuable job skills. Outcome#4: By 9/30/2012, 75% of Club parents/guardians will take an active role in their child's activities at the Club. Baseline: 2011-2012 parent/guardian attendance/participation at Club events. Goal Met. This past quarter we had a mandatory parent orientation, and a total of 88 parents attended. More new member parents attended than the older members, which we expected. 80% of active members' parents took part in the family bingo night event and pot luck. We are planning a family BBQ on Oct. 12tH - 14- 49 *Apr Catholic Charities of the Diocese of Palm Beach Inc. Samaritan Center - Grant: $26,664.00 - Funds Used as of 9/30/12: $26,664.00 - Total Children Served as of 9/30/12: 41 Cost per child: $7,312.69 Focus Area Addressed: Expand preventative, remedial and support programs for students with emotional, behavioral and performance problems. Improve and enhance community-based programs that address the unique challenges of adolescents' health social behaviors, positive self-esteem, develop healthy relationships and make positive higher education and career decisions. Taxonomy#: Homeless Shelter BH-180.850 — Program that provides a temporary place to stay for people who have no permanent housing. Child Abuse Prevention — FN— protect children from physical, sexual and /or emotional abuse or exploitation through a variety of educational interventions which may focus on children of various ages, parents, people who work with children and/or parents regarding ways of avoiding or handling an abusive situation and/or information about the indicators and incidence of abuse, requirement for reporting abuse and community resources that are available to children who have been abused and to their families. Program Description: This program is designed to offer long-term transitional housing and guidance to the homeless families in Indian River County, and prepare them to live independently. Adult clients attend budget, parenting,job and life skill training as well as Mental Health Counseling sessions, they also obtain employment and follow a four tiered level program prior to graduating the program. Children receive academic tutorial support, sessions on: behavior, self-esteem, character values, drugs and alcohol, divorce, health and hygiene, as well as attend special outings within the community. Collaboration: The Mental Health Association and Exchange Club of I.R.C., Substance Awareness Council, Boys and Girls Club, Counseling and Recovery Center, New Horizons of the Treasure Coast, Early Learning Coalition, Habitat for Humanity, Care net Pregnancy Center, Gifford Youth Activities Center, Healthy Start Coalition / Healthy Families, Exchange Club Castle, Center for Emotional Behavioral Health, Suncoast Mental Health Association, Literary Services, and Treasure Coast Homeless Services Council. Comment/2012 Monitoring: All goals/outcomes have been met. - 15 - 50 GOALS/ OUTCOMES REPORT (7/1/12 — 9/30/12) 1. Resident children who are age 4 and over will increase their self-esteem by showing an average of 5-10% increase on the self-esteem pre & post tests given at the beginning and end of each 8 week session. These sessions are done quarterly. Goal Met. b 2. Resident children who are age 4 and over will demonstrate a 5-10% increase on their social behaviors measurement form that will be given at the beginning and end of each 8 week session. These sessions are done quarterly. Goal Met. 6.96% increase 3. Adult residents will increase their knowledge and skills in the area of health and safety for children by a minimum of 5-10% as evidence through a health and safety pre & post test given at the beginning and end of the 8 week parenting classes. These classes are done quarterly. Goal Met. 10% increase 4. Seventy-five percent of resident children will increase their knowledge and skills in the area of academic performance as evidence through progress reports and report cards. Children will be evaluated during the academic year. Goal Met. 90% of school age children have increased academic performance. CHILDCARE RESOURCES OF INDIAN RIVER Program: Children in Centers (Statistics as of 9/30/2012) Total Children served : 154 GOALS/OUTCOMES REPORT(10/1/2011 —9/30/2012) 1. 75% of Childcare Resources "graduates"will leave for kindergarten with school readiness skills as determined by the United Way's Goals for the Common Good (literacy, social/emotional and cognitive skills). This will include only those children who were in the Childcare Resources program a minimum of one year. Goal not met. Of the twenty-one Childcare Resources "graduates" from 2011, eighteen were enrolled with the Indian River County School District for Kindergarten. Of the eighteen enrolled, only 15 of them had scores for both the ECHOS (Early Childhood Observation Screener)and the FAIR-K(Florida Assessment for the Instruction of Reading-Kindergarten). Ten of the fifteen assessed students, met readiness on both measures which equates to 66% of the 2011 Childcare Resources "graduates". Kim McCorrison, School Readiness Coordinator for Indian River County, stated this year was a difficult year for many providers as the change in the criteria was significant from previous years and many did not achieve as they had in the past. Areas of improvement have been identified and will be discussed with center directors. - 16- 51 2. 85% of the children enrolled in the Childcare Resources program a minimum of one year will show progress in development in the course of the school year as measured by Speed Dial R, Katz Social/Emotional Checklist, Ages and Stages. Baseline: pre-tests administered in the fall of the 2010-2011 school year. Goal not met. 80% of the children showed appropriate developmental progress during the course of the school year. 3. Childcare Resources parents will maintain 100% compliance in all of areas of required parent participation during the 2011-2012 school year as measured by the parent participation log. Goal met. 100% of the parents met or exceeded the parent participation requirements. CHILDCARE RESOURCES OF INDIAN RIVER Program: Psychological Services (Statistics as of 9/30/2012) • Grant: $5,925 • Funds Used as of 9/30/2012: $4150 Now • Total children served as of 9/30/2012: 8 children 14 parents or other adults in the household Cost per child: Per the Annual Report for 2010 - 2011 funding year, the cost per child is $846.43 (excluding parents served.) If parents receiving therapy are included, the total cost per client is $370.31. Focus Areas Addressed: Psychological Services Taxonomy#: RP-450.650; RP-150.330 Program Description: This program is designed to provide access to licensed mental health professionals for those families in our program (low income, working families who live in Indian River County). Collaboration: United Way Success by Six Committee, Mental Health Association GOALS/OUTCOMES REPORT (10/1/2011- 9/30/2012) 1. 85% of individuals attending more than two therapy sessions will raise their functioning, as measured by the Global Assessment of Functioning (GAF) assessment or other screening devices (Ages & Stages, Katz Social Attributes Checklist). Only children in Childcare Resources program one full year or more will be included. Baseline: Admission GAF score, fall Ages & Stages, Katz Checklist. - 17- 52 Goal met. 100% showed an increase in GAF scores. Only one child in the Childcare Resources program one full year attended eleven therapy sessions. This child had a lapse in treatment during the year, but showed an increase in GAF score. As of 9/30/2012, eight children and fourteen adults enrolled in the Childcare Resources program received therapy through the Mental Health Association. As of 9/30/2012, seven of the eight children and nine of the fourteen adults have attended 2 or more therapy sessions. DASIE BRIDGEWATER HOPE CENTER, INC. DSAIE HOPE CENTER TUTORIAL PROGRAM End Of Year Report 2011-2012 (Statistics as of 10/15/12) Grant: $40,000.00 Funds Used as of: 9/31/2012: $40,00.00 Total Children Served as of: 9/31/2012: 92 children Cost per child: $434.78 Focus Areas Addressed: Childcare/Child Health & Education Taxonomy#: JR-820.650-45 Latchkey Safety Programs Program Description: This program is designed to help educate and ensure the safety of youth who normally would have to stay unsupervised in their homes after school or throughout the day because their parent(s) are working. This program is designed to: Empower at risk youth with academics and social skills. Our priority is to "break the cycle of poverty" by sending kids to college, improving their academics, behavioral thought patterns and surrounding them with positive role models. Collaboration: Youth Guidance during summer months, Indian River County School District, Disney Resort, and Treasure Coast Food Bank CSAC Indian River County 2011-2012 End of The Year Results Outcome # 1: Increase academic performance of enrolled youth by at least 40% during the 2011-2012 academic year. Baseline: Academic report cards. Goal Met. Result: 89% of student's academic grades increased by one or two grades. Outcome #2: Decrease the number of disciplinary referrals of enrolled youth at least 60% during the program participation during the 2011-2012 academic year. Disciplinary report generated from within IRC School District. Baseline: Students report cards and disciplinary report. - 18 - 53 Goal Met. 2 students was referred for discipline reasons, fighting. Outcome # 3: Decrease the number of positive drug screens of enrolled youth by at least 65% during the program participation during the 2011-2012 school year. Baseline: Status of youth upon entering program. Goal Met. There were NO positive drug screening reports or referrals made. CASTLE Safe Families Program (Statistics as of 9/30/12) Grant: $36,540.00 Funds Used as of 10/15/2011: $36,540.00 Total Children Served as of 9/30/12: 251 Cost Per Child: $145.57 Focus Areas Addressed: Parental Support and Education Taxonomy#: PH-6100.3300 Program Description: Home based parent education and support designed to prevent child abuse and neglect and help families remain intact. The Program provides long term (up to one year) intensive (at least weekly) visits from a Counselor. This program is designed to: Teach families to reduce risk factors associated with abuse and neglect, and to increase the protective factors associated with non-abusive, caring and stable families. Collaboration: United For Families; Children's Home Society/Family Preservation Services; Healthy Families; Department of Children and Families; Hibiscus Children's Center; Harvest Food Center. CSAC Indian River County 2011-2012 Fourth Quarter Results Outcome # 1: Reduce to 5% the number of families using parenting behaviors that put their children at risk, for families enrolled in the Safe Families Program for at least 90 days, as measured by a risk/protective factor inventory administered at the beginning and end of services. 2010-2011 Baseline: 93% of enrolled parents, upon enrollment, use parenting behaviors that put their children at risk. Result: For the year, 96% of parents were using parenting behaviors that put their children at risk at the time they enrolled in Safe Families. The program reduced to 4% the number of families using parenting techniques that put their children at risk. This goal was exceeded. - 19 - 54 Outcome #2: Increase to 90% the number of parents who use positive family communication to teach and discipline their children and engage the family in cooperative decision making, for families enrolled in the Safe Families Program for at least 90 days, as measured by a risk/protective factor inventory administered at the beginning and end of services. 2010-2011 Baseline: 35% of enrolled parents, upon enrollment, utilize positive family communication. (This is a new goal with a new baseline). Result: For the year, 65% of parents did not use positive family communication to teach and discipline their children at the time they enrolled in Safe Families. Upon completion of the program, positive family communication was used in 93% of these parents. This goal was exceeded. Outcome#3: 97.5% of families who successfully complete the Safe Families program will have no confirmed reports or re-reports of abuse for up to two years after completing services. 2010- 2011 Baseline: 97.1%. Result. For the two year period including 2009-2011, six families have been reported to the hotline after successfully completing the Safe Families program. In those same two years, Safe Families saw 258 families. This means that 97.7% of families were not reported to the abuse hotline after successfully completing Safe Families. This goal was exceeded. Further analysis shows that of the six families that were reported. 2 were for environmental hazards; 2 were for substance abuse; and two were for threatened harm to the child. We also saw that four of the six families that were reported completed the program at or near the minimum number of days (90) and thus we have extended the minimum stay in the program to 112 days, or 16 weeks. Outcome#4: 98% of families will, after successfully completing Safe Families, show improvement on at least two of the five Scales of the AAPI test. The scales are: Appropriate Expectations, High Level of Empathy, Values Alternatives to Corporal Punishment, Appropriate Family Roles, and Values Power-Independence. 2010-2011 Baseline: 100%. Result: For the year, 98.3% of families who completed the Safe Families program improved on at least two scales of the AAPI. This goal was met. Further analysis shows that the average improvement for each scale by all participants was as follows: Appropriate Expectations: a 39% improvement High Level of Empathy. a 74% improvement Values Alternatives to Corporal Punishment: a 38% improvement Appropriate Family Roles: a 40% improvement Values Power-Independence: a 29% improvement The AAPI is based on a standardized score. A 30% improvement (or three points out of a possible 10) is sufficient to move a parent from "a significant deficiency in appropriate parenting behavior"to "appropriate and nurturing parenting behavior. - 20- 55 `"m. Gifford Youth Activity Center Youth and Family Guidance Program Program Year 2011-2012 Grant: $27,158.00 Funds used as of 9/30/2012: $27,158.00 Total Children Served as of 6/30/2012: 199 Cost per Child: Per the Annual Report for 2009-2010 funding year, the cost per child is $2,216.92 per child. (This does not include parents served). Focus Area Addressed: Childcare/Child Health & Education Taxonomy Number: PS-9800.9900 Youth Enrichment Program Program Description: The After School Education Program (ASEP) is an after school program for children in grades K=12. This program offers educational assistance through tutoring, homework assistance, personal growth and development, cultural, social and recreational activities. Collaboration: School District of Indian River County, Indian River County Extension Program, Indian River County Library System, Riverside Children's Theatre, Youth Guidance, Vero Beach Museum of Art and the Indian River County Sheriffs Office. r.- Comment/2010 Monitoring: N/A GOALS/OUTCOMES REPORT (10/1/11- 9/30/12) 1. 90% of enrolled students will complete their homework before leaving for the day as measured by homework completion log-sheets and/or teacher verification. Goal Met— Ninety-three percent(93%) of students completed their homework before leaving for the day during the 2011-12 school year. Parents were encouraged to leave their child(ren) until 5:30 pm so that homework could be completed. 2. At least 85% of participants attending at least 75% of the program by the 3`d nine- weeks of the school year will improve and/or increase their academic performance as measured by pre/post tests, progress reports and/or report cards. Goal Met— Eighty-seven percent (87%) improved or increased their academic performance. 3. At least 90% of students, enrolled for at least three nine-weeks, will attend a Mental Health Workshop by the end of the 2011-12 school as reported by attendance records. Goal Met—One hundred percent(100%) attended a mental health workshop by the end of the school year as reported by attendance records and/or counseling records. - 21 - 56 Indian River County Healthy Start Coalition, Inc. 14%W Healthy Families-IRC Grant: $35,552 Funds Used as of 9/30/12 $35,552 Families newly enrolled in Healthy Families July 2012 —September 2012: 6 Total children served September 2012. 211 Total children and adults served October 2011 —September 2012: 449 Cost per Child: The cost per child is $168.49 (This does not include parents served). Focus Areas Addressed: Child Abuse Prevention; Positive Parent-Child Interaction; improve maternal and child health; increase family self-sufficiency; empowers parents; increase parenting knowledge and skills; goal setting; teach problem-solving skills; conduct screening for developmental delays; provide social support; and refer to other family support services as needed. Taxonomy: Healthy Families-IRC program falls under two taxonomies: • PH-236.240 — Family Support Centers and • PH-620.150 — Communication Training - helps parents communicate with children, health professionals, and other parent/infant interaction skills, focusing on positive growth and development. Program Description: (3-5 Lines) Healthy Families, a nationally accredited, community-based, voluntary, home visiting program prevents child abuse and neglect. Trained paraprofessional Family Support Workers provide guidance and emotional and practical support to families in `W" their homes. It also provides critical services to Indian River's high risk families to prevent abuse before it ever occurs. Intensive, evidenced based Healthy Families Florida services are not available through any other program in the state. Collaboration: Healthy Families partners are Healthy Start, substance abuse and mental health providers, domestic violence shelters, workforce development centers, child care providers, faith-based organizations, and other family support programs within the community to help families' access additional services without duplication of effort. Comment/2011 Monitoring: Healthy Families distributes a Participant Satisfaction Survey to all of the participants in the program along with a self addressed envelope. This survey is completely confidential. The participants are asked to place the survey in the envelopes and they are mailed to Healthy Families Florida located in Tallahassee. After they have been reviewed, we are emailed the results. Of those who responded, 97.1% stated that they were satisfied with the services that they received from Healthy Families. GOALS/OUTCOMES REPORT (7/1/2012-9/30/2012) 1. To maintain the number of target children at 24 months with up-to-date well baby check-ups and immunizations at 90% as measured by Healthy Families Florida Attachment B: 24 month Well Baby Report and 24 month Immunization Report. Baseline: 2008-2009 24 month Well Baby Report and 24 month Immunization Report. Goal has been met. We are currently at 100% for the target children having up to date well baby check-ups and immunizations. - 22 - 57 r.. 2. To maintain the number of Healthy Families participants implementing their initial goals in 90 days at 90% as measured by Healthy Families Florida Attachment B - initial FSP Report. Baseline: 2008-2009 initial FSP Report results. Goal has been met. We are currently at 100% for developing initial goals within 90 days. 3. Maintain for at least 95% of the children in families participating for more than six months no findings of verified child maltreatment during their participation as measured by Assessment of Healthy Families Florida Children for Occurrence of Abuse or Neglect Report. Goal has been met. We are currently at 95% for having no verified findings of child maltreatment during their participation. Indian River County Healthy Start Coalition, Inc. TLC NEWBORN • Grant: $13,332 • Funds used as of 6/30/2012: $13,332 (100%) No reports were submitted for this program throughout the fiscal year. Services were only provided for the first 9 months of the year. Redlands Christian Migrant Association, Inc. RCMA Whispering Pines Child Development Program (Statistics as of 9/30/12) Grant: $24,689 Funds Used as of 9/30/12. $24,689. (100%) Total Children Served as of 9/30/12. 139 children were served at Whispering Pines CDC as of 9/30/12. Cost Per Child: Based on Whispering Pines Financial Report for 2010-2011 funding year, the cost per child is $33.73 per child; infant—school age. (This does not include parents served.) Taxonomy Number: NTEE Code P33 Child Day Care Focus Areas Addressed: Child Care/Child Health & Education - 23 - 58 Program Description: (3-5 Lines) This program is designed to positively impact the lives of migrant farmworkers and rural poor families by providing high quality child care, kindergarten readiness activities and family support services that empower parents to become leaders in their children's education. Collaboration: Early Learning Coalition Comment: GOALS/OUTCOMES REPORT (10/1/11 - 9/30/12) 1. To maintain the increased number of infants and toddlers served at RCMA Whispering Pines during the 2011-2012 program year at a total of twenty-two (22) additional slots as reported by the enrollment records. Baseline: 2007-2008 enrollment records for infants and toddlers. 39 infants and toddlers have been served in the RCMA Whispering Pines Child Development Center as of September 30th. 2. To increase to 100% the number of infants and toddlers who receive health screenings and on-going developmental assessments within 45 days of center's opening date as evidenced by information in RCMA's Child and Family database system, PROMIS. Baseline: 2007-2008 PROMIS report and ELAP booklets. Goal Met 3. To continuously improve the quality of child care, family services, and staff professional development by maintaining accreditation through a nationally recognized accrediting agency for the upcoming program year and through regular use of ongoing monitoring and classroom observation tools. Baseline: Certificate of Accreditation from the National Accreditation Commission and use of the ITERS/ECERS through the Early Learning Coalition. Whispering Pines CDC continues to be a nationally accredited child development center having received national accreditation through the National Accreditation Commission effective 11/3/2011 - 11/3/2014. The Early Learning Coalition assessed the center in April 2011 using the Environmental Rating Scales. The score for VPK was 4.39, 2 year olds 3.97 and 1 year olds was 4.23. They are scheduled to conduct the next assessment this coming November. - 24- 59 24- 59 Substance Awareness Council of Indian River County Re-Direct Program Number of clients 7/1/12 - 9/30/12: 75 Number of new clients: 22 Number completed this quarter: 25 Number of non-compliant clients: 3 Number of total children served for year: 136 Program Description: Re-Direct is designed to help engage and retain adolescents in a positive lifestyle change; utilizing a non-judgmental, motivational, and team approach to therapy. Each client in the program will have a psychosocial assessment. The assigned case manager will then initiate three to six months of counseling sessions (individual or group), and combined adolescent and caregiver sessions, over the course of approximately three to six months. In addition, program participants will also receive random urine drug screens, which can be used as positive reinforcement and support, or adjunct information and understanding for treatment planning and relapse prevention. In the event of a positive drug test, the client may be assigned a number and instructed to call the "drug testing hotline" daily, seven days per week for a designated period of tin=►e. It is anticipated that as a result of the program interventions, participants will decrease substance use behavior, increase pro-social behavior, decrease family conflict, and increase engagement in educational/work activity. GOALS/OUTCOMES REPORT Outcome # 1: Program participants will demonstrate reduced use of ATOD as demonstrated by ` 3ative drug test results and self-report prior to completion of the program. Baseline: Initial drug s1`reening results prior to admission to Re-Direct program. 100% of the twenty-five clients completing the program demonstrated negative drug tests prior to completion of program. In addition to the twenty-five, three clients have been non-compliant due to failed attendance and program participation. All three were detained and place in a higher level of care by DJJ. One of the successful twenty-five clients was transferred to a higher level of treatment facility due to mental health issues. Outcome #2: 80% of Participants will demonstrate increased pro-social interpersonal behaviors as indicated by positive family/peer interactions. Baseline: Initial assessment. 100% of the twenty-five clients that completed this quarter all have demonstrated increased pro-social interpersonal behaviors as indicated by self or family. Outcome #3: 80% of adolescents will demonstrate increased pro-social behaviors and healthy attitudes as indicated by engagement in education or work activities. 100% of all the twenty-five clients demonstrated improvement in academics and engagement/attendance in school. Outcome#4: Decrease delinquency, 80% of the clients will not offend or re-offend while participating in the program and for 6-months post program. �% of all successful annual participants have yet to offend or re-offend while participating in the M-igram and for 6-months post program. - 25 - 60 Substance Awareness Council of Indian River County Life Skills Program School Year End Report: services from Oct 1St, 2011 through September 30th 2012 1,405 Indian River County youth attending Storm Grove and Sebastian Middle Schools ages 10- 14 were served during the fall semester of 2011 with the LifeSkills Training Program. 1,239 Indian River County youth attending Gifford and Oslo Middle Schools ages 10-14 were served during the spring semester of year 2012 with the LifeSkills Training Program. A total of 2,644 students served for the year. Storm Grove Middle School Sebastian Middle School 6th grade: 262 6th grade: 296 7th grade: 235 7th grade: 325 8th grade: 287 8th grade: 0 (due to large number of 6th and 7th grade classes) Total number of students: 784 Total number of students: 621 Gifford Middle School Oslo Middle School Spring 2012 6th grade: 305 6th grade: 295 7th grade: 298 7th grade: 275 �.. 8th grade: 0 8th grade: 66 Total number of students: 603 Total number of students: 636 Program Description: The LST program being implemented is a three-year prevention program designed specifically for middle school youth. Based on theoretical framework, the LST program was developed to impact drug-related knowledge, attitudes and norms; teach skills for resisting social influences to use drugs and promote the development of general personal self- management skills and social skills. Outcome# 1: Continue to decrease the percentage of ATOD use reported by IRC public school youth in the biennial FYSAS (using 2002 as the baseline). According to the 2010 FYSA Survey, Indian River County middle school youth reported decreased percentage of 30 Day use trends. Use 2002 2010 2002 2010 Alcohol 24.5 21.2 Cigarettes 9.1 6.6 Marijuana 6.3 7.6 Note: 2012 FYSAS will be released in November 2012 — an update will be released with the new data Outcome #2: 75% of middle school students receiving LST will demonstrate an increase in healthy coping skills as demonstrated by an increase in use of relaxation and breathing techniques as reported in the LST pre/post survey following the administration of the curriculum. - 26 - 61 90% of the students receiving LST reported that they are now utilizing relaxation breathing techniques. Additionally: The Life Skills Training Program was administered in the classroom of 26 different teachers in all four middle schools of Indian River County. Each of the 26 teachers were asked to complete a LST survey, 26 teachers returned the completed survey. The survey specifically asked questions relevant to the Life Skills lessons taught during the course of the training program. Listed below are the relevant outcomes recorded from the survey. • All 26 teachers strongly agree that the Life Skills Training program increases student's self- awareness. • All 26 teachers agree the Life Skills Training program increased the student's ability to manage anxiety. The LST unit on "Anxiety" specifically teaches relaxation and breathing techniques as methods for coping with anxiety. Outcome #3: 70% of middle school students receiving the LST curriculum will demonstrate an increase in anti-drug attitudes. According to the 2010 FYSA Survey, Indian River County middle school youth (ages 10-14) reported the following percentages regarding "if they agreed it would be wrong for someone their age to"... 2010 2010 Smoke Cigarettes 87.3 Drink alcohol regularly 80.4 Smoke marijuana 86.9 Use other illicit drugs 95.2 Note: 2012 FYSAS will be released in November 2012 — an update will be released with the new data United for Families Caregiver Support Program Statistics as of 9/30/2012 Grant: $10,500 Funds Used as of 9/30/2012: $10,500 Total Children Served as of 9/30/2012: 90 unduplicated children served residing in Indian River County. Cost per Child: The cost per child is $341.02 Taxonomy Number: PH-140.500 Focus Areas Addressed: Mental Health Program Description This program is designed to: Improve the mental and emotional well-being of children in foster care by reducing the number of times they are moved from home to home while in the foster- care system. Collaboration: Hibiscus Children's Center, Department of Children and Families, Indian River County Foster Parent Association, Children's Home Society, Indian River County School Board - 27- 62 Comment/2011 Monitoring GOALS/OUTCOMES REPORT (7/1/2012-9/30/2012) 1. At least 85% of children served by the program in out-of- home care will not experience placement disruptions within a six month period. Methods of Measurement: Monthly placement disruption reports. Goal Met. 94% of the children placed in out of home care have not experienced a placement disruption within a six month period. 2. 85% of the licensed foster parents participating in the program will remain licensed for 12 months following enrollment in the program. Methods of Measure: re-licensing reports. Goal Met. 91% of Indian River County licensed foster parents remained licensed for 12 months following enrollment in the program. Two Indian River County foster homes did not re-license following 12 months in the Caregiver Support Program. 3. 90% of participating caregivers will report being satisfied with the program at the end of 12 months. Method of Measurement: A satisfaction survey will be given at the end of every 6 month period. Goal Met. 100% of the caregivers who completed the survey are completely satisfied with the program. 4. 90% of participating caregivers will report an improvement in their quality of life at the end of 12 months. Method of Measurement: A satisfaction survey will be given at the end of every 6 months. Goal Met. 100% of the caregivers who completed the survey are completely satisfied with the program. Junior League of Indian River Whole Child Connection of Indian River Program (Statistics as of 9/30/2012) Grant: $10,000 Funds Used as of 9/30/2012: $10,000 Total Children Served as of 9/30/2012. 298 Cost Per Child: $51.74 Focus Areas Addressed: All the need areas are addressed by Whole Child Connection Taxonomy#: TJ-3000.8000 - 28 - 63 V40- Program Description: A family in need of services completes a Whole Child Profile. The Whole Child web system matches family needs to providers with appropriate services. Families will develop and implement a holistic plan to meet their needs and select and contact providers. Providers deliver services to the family and the Whole Child system tracks the outcomes. This program is designed to: connect families to parent education classes, childcare programs, community-based programs that address adolescent's needs, after-school programs and programs for high risk expectant and new mothers. With the data collected from the Whole Child Connection, agencies and funders can determine gaps in services and better address the needs of families. Collaboration: Connected 4 Kids, Indian River School District, 211 Palm Beach/Treasure Coast Outcome # 1: In FY11/12 increase to 75% the number of participants who answer the Client Satisfaction Survey who strongly agree or agree that the Whole Child Profile addressed most of their concerns. Baseline: Martin County had 98% answer they were satisfied. Result: Goal not met. Of those families who used the Whole Child Connection and completed a satisfaction survey 60% indicated they agreed or strongly agreed that the Whole Child Profile addressed most of their concerns. Thirty percent neither agreed nor disagreed and only 10% disagreed. Outcome #2: In FY11/12 increase to 75% the number of participants who answer the Client Satisfaction Survey who report greater ease when accessing services as a result of completing the Whole Child Profile. Baseline: Martin County had 97% answer they were satisfied. Result: Goal met. Of those families who used the Whole Child Connection and completed a satisfaction survey 100% indicated they strongly agreed or agreed that it is easier to access services. Outcome#3: In FY11/12 increase to 75% the number of service requests that are answered by a Whole Child Connection provider. Baseline: Martin County had 98% of their service requests answered. Result: Goal not met. Whole Child is actively working to obtain additional provider agreements. Currently 25 providers have signed service agreements. Data results will be available as the number of provider agreements increases. Service Capacity: Through the fourth quarter(100%) of the 2011-2012 contract, Whole Child has seen: Goal Actual % of Goal Families 1000 298 29.8% - 29- 64 Comments and Other Results: Whole Child Connection is an online system that families can access to complete a Whole Child Profile. This quarter we continued focusing on obtaining signed provider agreements and promoting Whole Child to the community. We are confident we will see a marked increase of users as promotion continues and additional to service providers are recruited. Sun Up of Indian River, Inc. Early Intervention Program Grant: $6,500 Funds used as of 12/31/2011: $-0- Reason for funds not being used: The Sun Up organization merged with ARC during this fiscal year. Staff received a telephone call from the new Executive Director indicating that they were discontinuing the funded program and would not be utilizing any of the funding. These funds were returned to the County General Fund. The Homeless Family Center, Inc. 720 4th Street Vero Beach, FL 32962 772-567-5537 Annual Performance Report Grant Term: October 2011 — September 2012 (Reported outcomes attributable to Indian River County Residents ) Grantee: The Homeless Family Center, Inc. 7204 th Street Vero Beach, FL 32962 772-567-5537 Our Mission: To provide opportunities for homeless families to end homelessness by achieving self-sufficiency through education, living wages, and permanent housing. Grant award: $13,512 Funds Used as of 9/30/12: $13,512 Total IRC Adults Served as of 9/30/12: 34 Total IRC School Age children Served: 19 Total Served: 53 Cost Per Individual Served: $254.94 Program Title: Getting Families Back on Their Feet; Parent and Child Education - 30- 65 30- 65 The 2011-2012 Homeless Family Center grant proposal projected that 45% of individuals �- served would originate from Indian River County. During the CSAC Fiscal Year (October- September) at total of 48 families were served. Of that number, 26 (or 54%) originated from Indian River County. Individual family demographics are outlined at the bottom of this report. Outcome Results #1: 80% of parents served will increase their knowledge and skill in the area of parenting by 10% as measured by pre and post test results from Love and Logic Video Module. Outcome met. 34 IRC parents received training and education in parenting. On average over the course of the grant year, 83% showed increased knowledge and application of those skills. Specifics are discussed in weekly program meetings and documented in individual case files as well as electronically on the Homeless Information Management System (HMIS). #2: 80% of parents will show increased knowledge in the areas of housing, employment and life skills by 10% as measured by pre and post test scores and program outcomes. Outcome met. 34 IRC adults received weekly and ongoing training and assistance in the area of housing, employment and life skills. Residents receive this training in a small group setting. Through interaction during evening adult classes and one on one meetings with Case Managers and the Education/Employment Specialist we continue to be successful in educating adult residents in these critical areas. The residential setting maximizes our ability to gear teaching toward the needs and interests of the residents and the demographics of the facility change. Housing knowledge increased by 92% Employment knowledge increased by 85% Life Skills knowledge increased by 96% #3: 80% of all school age children will increase academic performance by 10% as measured by pre and post test scores and grade point averages. Outcome met. 19 IRC school age children were served from October-September. 85% increased their academic knowledge by an average of 66% based on pre and post testing performed by the Children's Program Manager. 50% of children improved academic performance or maintained the highest level. 100% of school age children advanced to the next grade level for the calendar school year 2011-12. Homeless Family Center (HFC) Unduplicated Client- Progress Report Projections 2011/2012 Grant Year October 2011-September 2012 - 31 - 66 1100, Unduplicated Clients Served Cumulative Grant Year (October—September) Of the total clients served, 45% were projected to be Indian River County residents. Of the 96 children served, 50, or 69%, originated from Indian River County, 19 of those, or 38% were school age children. Total Total IRC Projected IRC Served % Achieved Demographic Projected Served (45% of total) Adults 90 63 41 34 82% Children 161 96 72 50 69% Total served (Ind) 251 159 113 84 74% Families 48 26 N/A - 32- 67 32- 67 1 INDIAN RIVER COUNTY, FLORIDA g MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Christopher J. Kafer, Jr., P.E., County Engine SUBJECT: Work Order No. 1 with KSM Engineering and Testing, Inc. South County Regional Park Multi-Purpose Fields IRC Project No. 1126 DATE: January 2, 2013 DESCRIPTION AND CONDITIONS On March 3, 2012 the Board of County Commissioners approved the renewal of an annual agreement for Professional Geotechnical Services, with KSM Engineering and Testing, Inc. for various services including,but not limited to,field and laboratory construction materials testing in Indian River County. The purpose of Work Order No. 1 is to provide testing services for the construction of the South County Regional Park Multi-Purpose Fields. KSM Engineering and Testing, Inc. submitted a proposal outlined in the attached Work Order No. 1 and Scope of Services(Exhibit A)for a not- to-exceed amount of $17,985.00. FUNDING Funding is available from Parks and Recreation Impact Fees in the amount of$17,985.00 from County Impact Fees/ Parks/South County Park Multi-Purpose Fields Account No. 10321072- 066510-11006. RECOMMENDATION Staff recommends approval of Work Order No. 1 to KSM Engineering and Testing, Inc. authorizing the above-mentioned professional services as outlined in the attached Scope of Services(Exhibit A) and requests the Board to authorize the Chairman to execute the attached Work Order No. 1 on their behalf for a not-to-exceed amount of$17,985.00. 68 F:Tublic Works\ENGINEERING DIVISION PROJECTS'\.I 126-South Co Park Multi Purpose Fields',Admim\agenda items\BCC Aaenda KSM Eneineerina WO I 1 3-13.doc Page 2 Christopher J. Kafer, Jr., P.E., County Engineer Work Order No. 1 with KSM Engineering and Testing, Inc. For January 15, 2013 BCC Meeting ATTACHMENTS 1. Work Order No. 1 with KSM Engineering and Testing, Inc. 2. Exhibit A—Scope of Services/Task Description DISTRIBUTION KSM Engineering and Testing, Inc. APPROVED AGENDA ITEM FOR January 15, 2013 BY Indian River County Approved Date Administration `/J0/j3 Budget f Legal k Public Works C'"%- Engineering F.1,1'ublic ti'orks\ENGINEERING DIVISION PROJECTS',.1126-South Co Park Multi Purpose Fields\Admim\agenda items'13CC Agenda KSM Engineering\NO 1 1 3-13.doc 69 Board of County Commissioners 180127th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772)-778-9391 Field and Laboratory Quality Control (QC) for South County Regional Park Multi-Purpose Fields IRC Project No. 1126 WORK ORDER NO. 1(Engineering Division) FOR FOR PROFESSIONAL GEOTECHNICAL SERVICES AGREEMENT FOR ANNUAL GEOTECHNICAL SERVICES CONTRACT RFQ No. 2010021 WITH KSM ENGINEERING AND TESTING, INC. All services performed under this contract shall be supervised and certified by a licensed Professional Engineer(PE) registered with the State of Florida and staff employed directly with your firm. Scope of Services All work shall be performed on a unit price basis in accordance with the attached Scope of Services (Exhibit A) dated December 27, 2012 and shall comply with Standards enumerated in the ANNUAL GEOTECHNICAL SERVICES CONTRACT RFQ 2010021 WITH KSM ENGINEERING AND TESTING INC. Effective Renewal Date: March 2, 2010. Minimum Specification Requirements for soil compaction testing and concrete testing as follows: Utilities Building Pads, Pavilion and Sidewalk,etc. Roadways and Parking Areas Soil Borings and Mobilization Permeability Testing All work shall also comply with the current Florida Minimum Technical Standards. CitUsers\Linda\AppDate Local\A4icrosoft\Windows\Temporary Intemet Fi1es\OLK84FB\Agenda Work Order No 1-KSM 01-2- 13.doc 70 WO#1 South County Regional Park Multi-Purpose Fields IRC Project No. 1126 COMPENSATION. The COUNTY agrees to pay, and the Geotechnical Professional agrees to accept,a fee for services rendered according to the"Scope of Services" identified in the attached EXHIBIT"A" Fee Schedule and Man Hours. A Not-to-Exceed Amount of: $17,985.00 to be paid on a unit price basis for actual work performed in accordance with the schedule of services and fees set forth in Exhibit A of RENEWAL OF THE ANNUAL GEOTECHNICAL SERVICES CONTRACT RFQ 2010021 WITH KSM ENGINEERING AND TESTING INC. Effective Date: March 3, 2012 TIME FOR COMPLETION This Work Order No.1 shall run concurrently with the construction work for the South C=ounty Regional Park Multi-Purpose Fields. IN WITNESS HEREOF the parties hereto have executed these presents This day of 12013. OWNER KSM ENGINEERING&TESTING,INC. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY,FLORIDA Joseph E. Flescher,Chairman Julie E. eller,P.E.,President Approved by BCC Witnessed by: ATTEST: Jeffrey R.Smith,Clerk of Court and r L c Comptroller L :!i i G`til Deputy Clerk (Printed name) Approved as to Form and Legal Sufficiency: Alan S.Polackwich,Sr.,County Attorney yo4stpWhaircf,County Administrator C:\Users\Linda\AppData\localVv4icrosofr\Windows\Temporary•lntemet Files\OLK84EMAgenda Work Order No 1-KSM 01-2- 13.doe 71 KSM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, a NcC. MARTIN(772)337-7755 P.O.BOX 78-1377,SEBASTIAN, FL 32978-1377 NE(321)768-8488 -0712 ST. PALM BEACH(561)845-7445 www.ksmengineering.net MELBOURNE E(772)229-9093 w► FAX(561)845-8876 E-Mail:KSM@KSMENGINEERING.NET FAX(772)589-6469 C.A.:5693 December 27, 2012 Chris Kafer, P.E. Indian River County 1801 27th Street Vero Beach, Florida Re: Multipurpose Athletic Field South County Park Indian River County, Florida Dear Mr. Kafer: Thank you for the opportunity to render a bid for professional engineering services in the way of soil compaction testing and concrete testing for the utilities, sewer, water line, parking areas, building pads, pavilions, lift station, light poles and existing swale at the above referenced project. We estimate the following tests will be required for the project. UTILITIESNo. of Tests Amount w, 1) Over Sewer Line and Around Manholes Density Tests @$20.00 150 $3,000.00 Modified Proctors @$75.00 3 $ 225.00 2) Storm Drain Backfill Density Tests @$20,0080 $ 1,600.00 Modified Proctors @$75.00 2 $ 150.00 3) Watermain Backfill Density Tests @$20.00 15 $ 300.00 Modified Proctors @$75.00 2 $ 150.00 4) Engineer Technician Time Technician Time @$45.00/hr' 10 Hrs $ 450.00 ** Total-Utilities $5,875.00 " BUILDING PADS PAVILION AND SIDEWALK ETC... No.of Tests $$Amount 1). Building Pads, Pavilion and Sidewalk etc... 25 $ 500.00 Density Tests @$20.00 Modified Proctors @$75.00 3 $ 225.00 2) Concrete Testing Slump—4 Cylinders per set @$85.00/set 15 $ 1,275.00 ** Total Building Pads Pavilion and Sidewalks etc. $2,000.00 Ronald G.Keller,RE.:.37293/SI Lic.No.:860 / Julie E.Keller,P.E.:68366 72 KSM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. MARTIN(772)337-7755 P.O.BOX 78-1377,SEBASTIAN, FL 32978-1377 SEBASTIAN(772)589-0712 PALM BEACH(561)845-7445 www.ksmengineering.net MELBOURNE(321)768-8488 r. FAX(561)845-8876 E-Mail:KSM@KSMENGINEERING.NET ST.LUCIE(772)229-9093 C.A.:5693 FAX(772)589-6469 Multipurpose Athletic Field -2- December 27, 2012 South County Park Indian River County, Florida ROADWAYS AND PARKING AREAS No.of Tests Amount 1) Stabilized Subgrades Density Tests @$20.00 . 35 $ 700.00 4-5 Point L.B.R.'s @$250.00 3 $ 750.00 Modified Proctors @$75.00 2 $ 150.00 2) Rock Base Density Tests @$20.00 35 $ 700.00 4-5 Point L.B.R.'s @$250.00 3 $ 750.00 Modified Proctors @$75.00 2 $ 150.00 ** Total-Roadways and Parking Areas $3,200.00 ** SOIL BORINGS AND MOBILIZATION No. of Tests Amount 1) Location of Boring Soil Borings Building Pads 14'Deep @$10.00/ft 4 $ 560.00 Pavilions 10'Deep @$10.00/ft 8 $ 800.00 Light Poles 30'Deep @$10.00/ft(20/ft) 6 $ 1,200.00 $12.50/ft(10/ft) 6 $ 750.00 Light Poles, Lift Stations 20'Deep @$10.00/ft 5 $ 1,000.00 2) Mobilization Mobilization @$125.00 each 3 $ 375.00 3) Project Engineer Time Engineer Time @$125.00/hr 10 Hrs $ 1,250.00 Total-Soil Borings,Mobilization and Project Engineer Time $5,935.00 PERMEABILITY TESTING Perform one (1) constant head permeability test in the field. Also, obtain shelby tube soil samples and perform constant head horizontal and vertical permeability tests in our laboratory. Calculate the permeability coefficient 'K' values and also .estimate the normal wet-season and dry-season water tables. A, report will be provided with the results of the constant head test and laboratory permeability tests. Perform one (1).soil profile to a depth of 14 feet in the existing water management area to classify the soils in accordance with the Unified Soil Classification System. ($ 575.00)" Obtain four (4) shelby.tube soil samples and perform constant head horizontal or vertical permeability tests in our laboratory on the imported storm drain backfill material. (4 @$100.00 ea.) ($ 400.00)" The specified investigation shall be completed along with two copies of our report mailed to your office after authorization to proceed is received. Ronald G.Keller,P.E.:37293/SI Lic.No.:860 / Julie E.Keller,P.E.:68366 73 KSM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING AND TESTING, INC. MARTIN(772)337-7755 P.O. BOX 78-1377,SEBASTIAN, FL 32978-1377 SEBASTIAN(772)589-0712 PALM BEACH(561)845-7445 www.ksmengineering.net MELBOURNE(321)768-8488 `..► FAX(561)845-8876 E-mail:KSM@.KSMENGINEERING.NET ST.LUCIE(772)229-9093 C.A.:5693 FAX(772)589-6469 Multipurpose Athletic Field -3- December 27, 2012 South County Park Indian River County, Florida Utilities $ 5,875.00 Building Pads, Pavilion, Sidewalks etc... $ 2,000.00 Roadways and Parking Areas $ 3,200.00 Soil Borings and Mobilization $ 5,935.00 Permeability Testing $ 975.00 Total for South County Park Project $17,985.00** Our fee for the geotechnical investigation and engineering services, including the furnishing of all material and labor necessary for the soil borings, laboratory testing, density and concrete testing and preparing and submitting boring logs and report shall be seventeen thousand nine hundred eighty five dollars ($ 1.7,985.00).** We look forward to working with you on this project. espectfully bmitted, IN E. .after M... Pr " ent JEK/Ics Ronald G.Keller,P.E.:37293/SI Uc.No.:860 / Julie E.Keller,P.E.:68366 74 CONSENT r' AGENDA (= INDIAN RIVER COUNTY,FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Joseph A. Baird, County Administrator THROUGH: John King,Director �x Department of Emerg cy ervices FROM: Maria Resto, REP/Communications System Manager`I-x� Date: December 20,2012 SUBJECT: Approval of Renewal of the 800 MHz Communications System Infrastructure Maintenance Contract with Communications International, Inc. It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. *4W DESCRIPTION AND CONDITIONS: On March 1, 2011, the Board designated Communications International as the County's Sole Source Provider for the 800 MHz Communications System Service. The communications backbone/infrastructure equipment is an essential component necessary for the operation of the E911 dispatch center and the county and municipal field staff. To guarantee continuity of essential services the County requires Communications International to have certified service technicians available twenty-four (24) hours a day for immediate repairs. Communications International is the only regional vendor qualified to perform the maintenance and repairs. The approved contract for FY-2010/2011 (Contract Number CII-10-146) provided for renewal or extension of the contract in one(1) year increments for a total of five (5) years upon mutual consent of the parties. The terms and conditions of the agreement will remain the same during this contract year. The proposed FY- 2012/2013 renewal contract for the communication system backbone infrastructure maintenance totals $223, 850.86. The proposed contract includes the costs associated with the equipment upgrade, maintenance and operations of the new communications tower located at 7305 4th Street. 75 FUNDING: The South Urban Region CPI will be used to annually adjust the cost of the maintenance and service agreement. This is a one (1) year renewal of the maintenance contract for the 800 MHz Communication System. The CPI adjusted contract for FY-2012/2013 is for $223,850.86 and is to be paid through monthly invoices. FY-2011/2012 Maintenance Agreement $215,823.84 FY- 2012/2013 Proposed Maintenance Agreement $223,850.86 Increase/Decrease: (Due to CPI increase and system upgrade) + $8,027.02 Funding for the communications service agreement is a planned expenditure and is included in the FY-2012/2013 Communications/Emergency Services (001-107) approved budget in the General Fund. Bud et: 00110719-034690 Amount of Contract: $223,850.86 RECOMMENDATION: Staff recommends the Board to approve the renewal of the 800 MHz Communications low system Master Service Agreement with Communications International Inc. ATTACHMENTS: Master Service Agreement (Contract Number CII-10-146) 2012/2013 IRC System Maintenance Cost APPROVED FOR AGENDA Indian River County Approved Date Administrator For: January 15, 2013 r GO Legal ? /i Budget �Jy/ J BY: Risk Management Jose A.Baird Department County Administrator 76 ti • COMMUNICATIONS Budgetary Quote Part 1 INTERNATIONAL g Y 4450 US Highway 1 Agreement# Vero Beach,FL 32967 Customer# IRC130BB 772-569-5355 Fax:772-567-2292 Customer Details Indian River County Emergency Services Bill To: Indian River County Emergency Services Radio Systems Manager Radio Systems Manager 4225 43rd Avenue 4225 43rd Avenue Vero Beach, FL 32967 Vero Beach, FL 32967 772-567-3160 DocumentDetails Contract# CII-05-818 Purchase Order# Covered Period: October 1,2012-November 30,2012 Billing Details South Tower Site 2011 South Urban Cpi 2012 Qty Unit Amount 3.30% Unit Amount Monthly Amount Channels Mastr III Stations 15 $ 145.22 4.79 $ 150.01 $ 2,250.15 Receiver Multicoupler with Tower Top Amp 1 $ 127.79 4.22 $ 132.01 $ 132.01 1EAAlarm System 1 $ 58.08 1.92 $ 60.00 $ 60.00 Simulcast Common Transmit Equipment 1 $ 290.43 9.58 $ 300.01 $ 300.01 Mastr III Mutual Aid Channels 6 $ 116.18 3.83 $ 120.01 $ 720.06 Intraplex Multiplexer 3 $ 27.30 0.90 $ 28.20 $ 84.60 Microwave Radios 4 $ 116.10 3.83 $ 119.93 $ 479.72 T1 Switch 4 $ 27.30 0.90 $ 28.20 $ 112.80 IP Network Equipment 2 $ 113.27 3.74 $ 117.01 $ 234.02 Total for South Site $ 4,373.37 Pay. of 4 00 ti Simulcast Control Point _ Qty Unit Amount Monthly Amount Vertical GETC's 15 $ 121.98 4.03 $ 126.01 $ 1,890.15 Intraplex Multiplexers 3 $ 27.30 0.90 $ 28.20 $ 84.60 1EAAlarm System 1 $ 58.08 1.92 $ 60.00 $ 60.00 Control Point Common Equipment&Alignment Rack: 1 $ 290.43 9.58 $ 300.01 $ 300.01 Down Links 1 $ 27.34 0.90 $ 28.24 $ 28.24 DC Power System 1 $ 342.71 11.31 $ 354.02 $ 354.02 IP Network Equipment 1 $ 113.27 3.74 $ 117.01 $ 117.01 Total for Simulcast Control Point $ 2,834.03 North Tower Site Qty Unit Amount Monthly Amount Mastr III Stations 15 $ 145.21 4.79 $150.00 $ 2,250.00 IEA Alarm System 1 $ 58.08 1.92 $60.00 $ 60.00 Simulcast Common Transmit Equipment 1 $ 290.43 9.58 $300.01 $ 300.01 Mastr III Mutual Aid Channels 0 - $0.00 $ - Intraplex Multiplexer 3 $ 27.30 0.90 $28.20 $ 84.60 DC Power Supply System 1 $ 278.80 9.20 $288.00 $ 288.00 T1 Switch 4 $ 29.05 0.96 $30.01 $ 120.04 Microwave Radios 5 $ 116.10 3.83 $119.93 $ 599.65 IP Network Equipment 1 $ 113.27 3.74 $117.01 $ 117.01 Total for North Site $ 3,819.31 Page 2" of 4 ti Fellsmere Tower Site Qty Unit Amount Monthly Amount Mastr III Stations 7 $ 145.21 4.79 150.00 $ 1,050.00 Mastr III Mutual Aids Channels 0 _ _ $ _ Downlinks 1 $ 27.34 0.90 28.24 $ 28.24 Receiver Multicoupler with Tower Top Amp 1 $ 127.79 4.22 132.01 $ 132.01 Intraplex Multiplexer 2 $ 27.30 0.90 28.20 $ 56.40 DC Power Supply System 1 $ 278.80 9.20 288.00 $ 288.00 Microwave Radios 2 $ 116.10 3.83 119.93 $ 239.86 IP Network Equipment 1 $ 113.27 3.74 117.01 $ 117.01 Total For Fellsmere Site $ 1,911.52 Dispatch Equipment Qty Unit Amount Monthly Amount Maestro NT Dispatch Consoles 10 $ 162.63 5.37 168.00 $ 1,680.00 IMC/CEC Switch 1 $ 819.00 27.03 846.03 $ 846.03 *Microwave Alarm Pc 1 $ 27.34 0.90 28.24 $ 28.24 *CTI with Terminal 1 $ 406.58 13.42 420.00 $ 420.00 *DVIU 1 $ 348.50 11.50 360.00 $ 360.00 *MOM System 1 $ 104.55 3.45 108.00 $ 108.00 *CSD 1 $ 319.48 10.54 330.02 $ 330.02 *CSD Client 1 $ 92.93 3.07 96.00 $ 96.00 Netclock-GPS 2 $ 48.78 1.61 50.39 $ 100.78 Intraplex Multiplexers- 11 $ 27.30 0.90 28.20 $ 310.20 Zetron Model 25 Encoders 5 $ 29.05 0.96 30.01 $ 150.05 Orion Remote Back-up Radios 9 $ 27.87 0.92 28.79 $ 259.11 Microwave Radios(IRCSO,VBPD,Seb PD dispatch) 3 $ 116.10 3.83 119.93 $ 359.79 T1 Switch(VBPD&SO) 2 $ 27.30 0.90 28.20 $ 56.40 IP Network Equipment 1 $ 113.27 3.74 117.01 $ 117.01 UPS battery backup(located at South site) 1 $ 42.58 1.41 43.99 $ 43.99 Total for Dispatch Equipment $ 5,265.62 Pagt- of 4 0 00 Hobart Tower Site Qty Unit Amount Monthly Amount Mastr III Back-up Stations 15 $ 46.48 1.53 48.01 $ 720.15 Receiver Multicoupler with Tower Top Amp 1 $ 127.79 4.22 132.01 $ 132.01 Intraplex Multiplexer 1 $ 27.30 0.90 28.20 $ 28.20 Med 4 Station 0 - - $ - Med 8 Station 1 $ 40.66 1.34 42.00 $ 42.00 VHF County Paging System Station 1 $ 121.98 4.03 126.01 $ 126.01 VHF EM/Fire Page Station 1 $ 121.98 4.03 126.01 $ 126.01 Total for Hobart Site $ 1,174.38 Cost Summary for October and November 2012--2 months: Monthly Totals South Tower Site $ 4,373.37 Simulcast Control Point $ 2,834.03 North Tower Site $ 3,819.31 Fellsmere Tower Site $ 1,911.52 Dispatch Equipment $ 5,265.62 Hobart Tower Site $ 1,174.38 Total Monthly Maintenance for Sites: $ 19,378.23 Total Oct-Nov Maintenance: $38,756.46 The Consumer Price Index Southeast Urban Region of 3.3%has been added to each equipment line item that was on 2011-2012 agreement: Paye of 4 T- oo oo • CCOMMUNICATIONS INTCRNATIONAL Budgetary Quote Part 2 4450 US Highway 1 Agreement# Vero Beach, FL 32967 Customer# IRC13OBB 772-569-5355 Fax: 772-567-2292 Customer Details Indian River County Emergency Services Bill To: Indian River County Emergency Services Radio Systems Manager Radio Systems Manager 44225 43rd Avenue 4225 43rd Avenue Vero Beach, FL 32967 Vero Beach, FL 32967 772-567-3160 Document Details Contract# CII-05-818 Purchase Order# Covered Period: December 1, 2012-September 30, 2013 Billing Details South Tower Site 1Yr Warranty 2011/2012 South Urban Cpl 2012/2013 25%of full rate Qty Unit Amount 3.30% Unit Amount Monthly Amount Channels Mastr III Stations 15 $ 116.18 3.83 $ 120.01 $ 1,800.15 Receiver Multicoupler with Tower Top Amp 1 $ 127.79 4.22 $ 132.01 $ 132.01 Simulcast Common Transmit Equipment 1 $ 290.43 9.58 $ 300.01 $ 300.01 Mastr III Mutual Aid Channels 6 $ 116.18 3.83 $ 120.01 $ 720.06 Intraplex Multiplexer 3 $ 27.30 0.90 $ 28.20 $ 84.60 Microwave Radios 4 $ 116.10 3.83 $ 119.93 $ 479.72 T1 Switch 4 $ 27.30 0.90 $ 28.20 $ 112.80 IP Network Equipment 2 $ 113.27 3.74 $ 117.01 $ 234.02 Total for South Site $ 4,152.23 7 � 7 Page 1 of 4 N 00 Simulcast Control Point Qty Unit Amount Monthly Amount Intraplex Multiplexers 3 $ 27.30 0.90 $ 28.20 $ 84.60 Control Point Common Equipment&Alignment Rack 1 $ 290.43 9.58 $ 300.01 $ 300.01 Down Links 1 $ 27.34 0.90 $ 28.24 $ 28.24 DC Power System 1 $ 342.71 11.31 $ 354.02 $ 354.02 IP Network Equipment 1 $ 113.27 3.74 $ 117.01 $ 117.01 Total for Simulcast Control Point $ 1,485.41 North Tower Site Qty Unit Amount Monthly Amount Mastr III Stations 15 $ 116.18 3.83 $120.01 $ 1,800.15 Simulcast Common Transmit Equipment 1 $ 290.43 9.58 $300.01 $ 300.01 Mastr III Mutual Aid Channels 0 - $0.00 $ - Intraplex Multiplexer 3 $ 27.30 0.90 $28.20 $ 84.60 DC Power Supply System 1 $ 278.80 9.20 $288.00 $ 288.00 T1 Switch 4 $ 29.05 0.96 $30.01 $ 120.04 Microwave Radios 5 $ 116.10 3.83 $119.93 $ 599.65 IP Network Equipment 1 $ 113.27 3.74 $117.01 $ 117.01 Total for North Site $ 3,571.52 Page 2 of 4 M 00 Fellsmere Tower Site Qty Unit Amount Monthly Amount Mastr III Stations 7 $ 116.18 3.83 120.01 $ 840.07 Mastr III Mutual Aids Channels 0 _ _ $ _ Downlinks 1 $ 27.34 0.90 28.24 $ 28.24 Receiver Multicoupler with Tower Top Amp 1 $ 127.79 4.22 132.01 $ 132.01 Intraplex Multiplexer 2 $ 27.30 0.90 28.20 $ 56.40 DC Power Supply System 1 $ 278.80 9.20 288.00 $ 288.00 Microwave Radios 2 $ 116.10 3.83 119.93 $ 239.86 IP Network Equipment 1 $ 113.27 3.74 117.01 $ 117.01 Total For Fellsmere Site $ 1,911.53 Dispatch Equipment Qty Unit Amount Monthly Amount Maestro NT Dispatch Consoles 10 $ 162.63 5.37 168.00 $ 1,680.00 IMC/CEC Switch 1 $ 819.00 27.03 846.03 $ 846.03 *Microwave Alarm Pc 1 $ 27.34 0.90 28.24 $ 28.24 *CTI with Terminal 1 $ 406.58 13.42 420.00 $ 420.00 *DVIU 1 $ 348.50 11.50 360.00 $ 360.00 *MOM System 1 $ 104.55 3.45 108.00 $ 108.00 *CSD 1 $ 319.48 10.54 330.02 $ 330.02 *CSD Client 1 $ 92.93 3.07 96.00 $ 96.00 Netclock-GPS 2 $ 48.78 1.61 50.39 $ 100.78 Intraplex Multiplexers- 11 $ 27.30 0.90 28.20 $ 310.20 Zetron Model 25 Encoders 5 $ 29.05 0.96 30.01 $ 150.05 Orion Remote Back-up Radios 9 $ 27.87 0.92 28.79 $ 259.11 Microwave Radios(IRCSO,VBPD,Seb PD dispatch) 3 $ 116.10 3.83 119.93 $ 359.79 T1 Switch(VBPD&SO) 2 $ 27.30 0.90 28.20 $ 56.40 IP Network Equipment 1 $ 113.27 3.74 117.01 $ 117.01 UPS battery backup(located at South site) 1 $ 42.58 1.41 43.99 $ 43.99 Total for Dispatch Equipment $ 5,265.62 Page 3 of 4 00 Hobart Tower Site Qty Unit Amount Monthly Amount Mastr III Back-up Stations 15 $ 46.48 1.53 48.01 $ 720.15 Receiver Multicoupler with Tower Top Amp 1 $ 127.79 4.22 132.01 $ 132.01 Intraplex Multiplexer 1 $ 27.30 0.90 28.20 $ 28.20 Med 4 Station 0 $ - Med 8 Station 1 $ 40.66 1.34 42.00 $ 42.00 VHF County Paging System Station 1 $ 121.98 4.03 126.01 $ 126.01 VHF EM/Fire Page Station 1 $ 121.98 4.03 126.01 $ 126.01 Total for Hobart Site $ 1,174.38 Egret Marsh Site 1Yr Warranty 25%of full rate Q Unit Amount Monthly Amount Total for Egret Marsh $ 873.75 Cost Summary for Dec 2012-Sept 2013-10 months South Tower Site Monthly Totals $ 4,152.23 Simulcast Control Point $ 1,485.41 North Tower Site $ 3,571.52 Fellsmere Tower Site $ 1,911.53 Dispatch Equipment $ 5,265.62 Hobart Tower Site $ 1,174.38 Egret Marsh Site 1st year $ 873.75 Fuel Adjustment $ 75.00 Total Monthly Maintenance for Sites: $ 18,509.44 Total Dec-Sept Maintenance: $185,094.40 The Consumer Price Index Southeast Urban Region of 3.3%has been added to each equipment line item that was on 2011-2012 agreement: Page 4 of 4 Budgetary Quote Part 3 Cost Summary for October and November 2012--2 months: Monthly Totals South Tower Site $ 4,373.37 Simulcast Control Point $ 2,834.03 North Tower Site $ 3,819.31 Fellsmere Tower Site $ 1,911.52 Dispatch Equipment $ 5,265.62 Hobart Tower Site $ 1,174.38 Total Monthly Maintenance for Sites: $19,378.23 Total Oct-Nov Maintenance: $38,756.46 Cost Summary for Dec 2012-Sept 2013. 10 months Monthly Totals South Tower Site $ 4,152.23 �,. Simulcast Control Point $ 1,485.41 North Tower Site $ 3,571.52 Fellsmere Tower Site $ 1,911.53 Dispatch Equipment $ 5,265.62 Hobart Tower Site $ 1,174.38 Egret Marsh Site 1st year $ 873.75 Fuel Adjustment $ 75.00 Total Monthly Maintenance for Sites: $18,509.44 Total Dec-Sept Maintenance: $185,094.40 TOTAL 2012-2013 MAINTENANCE $223,850.86 85 U I INA 1"C OlV MUNICATIONS INTERNATION_ , INC. 4450 US 1 ♦ Vero Beach,Florida 32967 o Telephone:(772)569-5355 + Fax_(772)567-2292 MASTER SERVICE AGREEMENT Contract Number CII-10-146 This Contract is entered into by and between Communications Intemational, Inc., located at 4450 U.S. Highway 1, Vero Beach, Florida 32967(""CII"),and Indian River County Board of Commissioners,located at 1801 27i°Street(the `Customer'),on the I' day of October 20I0,(the"Effective Date'). WHEREAS, CII currently provides maintenance services for two-way-adio communications systems and_othen_electronic equipment; WHEREAS,the Customer desires to contract the repair and maintenance of certain two-way radio equipment and other electronic equipment as described herein; WHEREAS, the Parties desire to establish terms, conditions and pricing under which the particular equipment will be maintained, and WHEREAS,the Parties hereby desire to enter into this Contract to set forth in writing,their respective rights,duties and obligations hereunder: NOW,THEREFORE, for and in consideration of the mutual promises herein contained and other good and valuable consideration,, the receipt and sufficiency of which is hereby acknowledged and confessed,the Parties agree as follows: 1. DEFINITIONS A. Parties-shall mean,collectively,CII and the Customer. B. Services-shall mean those services to be provided by CEI to the Customer pursuant to this Contract,but not limited to maintenance,repair,replacement,Iabor and testing. C. Contract-shall mean this document along with all documents attached hereto and incorporated herein by reference. D. Terminal Equipment- shall mean vehicular mounted radios, personal portable radios, portable radio desk chargers and basic compact vehicular chargers and as otherwise specifically described as Terminal Equipment for maintenance in this Contract E. Fixed Equipment- shall mean site repeater stations and associated equipment, multi-site coordinator, console electronic- equipment, radio control stations and as otherwise specifically described as Fixed Equipment for mauitenance in this Contract. F. Other Equipment-shall mean any other electronic equipment that is listed in this Contract and defined herein. G. Demand Services:-shall mean service that is requested which is not included in the fixed fee arrangement in this Contract. H. Normal Working Hours-shall mean 8:00 am until 5:00 pm, local time, Monday through Friday, excluding Federal and State Holidays("Business Days"),unless otherwise defined. I. Emergency Services -shall mean services that are available by CII twenty-four(24)hours per day;seven days per week, including Federal and State Holidays. Page 1 of 13 86 INAL 2. SCOPE OF CONTRACT CII agrees to maintain the ability to provide the services set forth in Exhibit A of this Contract and to provide the services described herein, including Demand Services. The Customer agrees to purchase Demand Services from CII, as needed, in accordance with Exhibit C of this Contract. 3. TERM OF CONTRACT A. The term of this Contract shall be for a period of one(1)year(s)(the"Term")and shall automatically renew at the end of the Term,unless(1) either party notifies the other party, in writing,at least ninety(90)days prior to expiration of this Contract (the"Renewal Notice")or(II)in the event CII proposes new terms,conditions, or pricing("New Terms"),such New Terms are not accepted by the Customer in the Renewal Notice. There shall be no more than four(4)renewals to this contract B.This contract VdIl be adjusted each year based on the Consumer Price Index(CPI). Use the Bureau of Labor Statistics web site (http:l\wNvw_bls.gov/cpi/homehtd): 1. Select the"South Urban region of the U.S.Map. 2. Select the'More Formatting Options" 3. Select the"12 months Percent Change 4. Select"Retrieve Data" 5. Scroll down to the current year and select the"Feb"number b. This number will be used as a multiplier for the recent year total of the maintenance contract The percent number is a 12 month percent change for the"South Urban"over the last 12 months as reflected in February. 4. PRICES AND TERMS OF PAYMENT A. The prices to be charged for the regular routine maintenance Services are as set forth in Exhibit B. B. The prices to be charged for the Demand Services and Professional Services are as set forth in Exhibit C. C. All pricing discounts on both hardware and software,including all vendor equipment offered by CII are set forth in Exhibit D. D. Payment for Services for monthly maintenance,as outlined in Exhibit R of this Contract,is due in advance and payable in full forty-five(45)days after receipt of invoice.Invoices shall be submitted to the Customer on a monthly basis. E. Payment for all Demand Services,Professional Services and purchase of all products and/or equipment is due in full forty- fiive(45)days after receipt of invoice.Invoices shall be submitted to the Customer as the work is completed. 5. EXTRA CHARGES No extra charges of any kind will be allowed unless specifically agreed to in writing by both Parties. 6. SERVICES A. Installation,removal or reinstallation of equipment,shall be performed by CII, following reasonable notice to the Customer at the rates listed in Exhibit C and at a time agreed to by both Parties. B. Items that are not covered under Services for maintenance in Exhibit X such as speaker microphones and Enhanced Vehicular Chargers, will be repaired and/or replaced as Demand Services and will be charged at the prices set forth in Exhibit C_ C. In addition to the Services specified in this Contract,the Customer may order other work to be provided by CII;including specially designed work or services otherwise not covered by this Contract("Special Requirements Order"). Within ten(10) business days of receipt of a Special Requirements Order,CII will furnish the Customer with a written proposal to fill such Special Requirements Order,including price and delivery time.The Customer may accept or reject any such proposal with Page 2 of 13 ®.. 87 "ORIGINAL ten(10)Business Days of receipt Any proposal not specifically accepted will be deemed rejected on the eleventh(11` Business Day after receipt. D. Purchase orders issued in compliance with this Contract,other than Special Requirements orders, shall be deemed accepted upon receipt by CII. Special Requirement Orders shall be deemed accepted by CU upon receipt of the Customer's acceptance of CU's proposal. E. Unless otherwise specifically agreed between CII and the Customer,in writing,the terms and conditions of this Contract shall take precedence over any accepted purchase order issued after the date of this Contract,in accordance with Section 1 b of this Contract. F. All qualified Terminal Equipment in the Customer's inventory must be listed in Exhibit B to be covered under this Contract. G. Terminal Equipment shall be delivered to, and maintenance performed at, a CII facility during Normal Working Hours. if Terminal Equipment is shipped to the CII facility for repair,the return shipping charges shall be billable to the Customer. Emergency Service on Terminal Equipment, if requested, will be performed and will be charged at the prices set forth in Exhibit C. H. Any Terminal Equipment found to be non-working or incapable of meeting specifications during performance of the first Preventative Maintenance effort will be omitted from inventory on Exhibit B until the Terminal Equipment is brought up to specification at the Customer's expense. Terminal Equipment that is designed to operate in chemically volatile or explosive atmospheres or when immersed lir water(e-g.Immersinn or Intrinsically Safe radia-)are not covered by this Contract. 7. PREVENTIVE MAINTENANCE CII will annually perform verification on Terminal Equipment covered by this Contract to validate factory specifications and correct any deficiencies found("Preventative Maintenance"). Copies of service records will be available to the Customer upon request. 8. DATABASE REPROGRANE%HNG Annual mobile radio software updates will be provided by CII during annual Preventative Maintenance.The LID reprogramming changes will be provided periodically,upon request,at no cost to the Customer. 9. ADDITIONS AND DELETIONS A. The quantity of Terminal Equipment units to be maintained and/or serviced may be added to,or removed from,this Contract while the Contract is in force. New Terminal Equipment units purchased in any given budget year of the Customer may be added to the Contract immediately following the expiration date of the manufacturer's warranty. A letter of authorization from the Customer is required to add to or remove EQUIPMENT from. Exhibit B. Such Terminal Equipment must be identified by individual LID numbers,serial numbers and property ID numbers. B. Charges for Terminal Equipment added or removed in a particular month will be added to, or dropped from, the amount charged to the Customer the following month. 10. RESPONSE TIME The estimated time of repair of Terminal Equipment delivered to CIT's local facility is three(3)to seven(7)Business Days. 11. FORCE MAJEURE CII will not be considered in default or liable for any delay or failure to perform its obligations under this Contract if such delay or failure arises directly or indirectly out of an act of nature, war, labor strikes, lockouts, trade disputes, fires, quarantine restrictions,governmental action or by causes beyond the reasonable control of CII. In such event,any obligation of CII under this Contract will be postponed until the cause underlying the Force Majeure ceases to exist and such postponement or delay will not be held against CII. CII shall immediately notify the Customer verbally and in writing if a Force Majeure event delays performance and shall state the revised date for performance. Page 3 of 13 88 12. INDEMNIFICATIOl\T nIG-INAI_, To the extent allowable by law,CII shall indemnify and save harmless the Customer from any and all liability,claims,damages, losses or expenses, including attorney's fees, arising out of or resulting from the performance of its work under this Contract, where such claim,damage,loss,or expense is directly caused by the negligence or intentional wrongful act or omission of CII,its agents,employees,or any of its subcontractors,in connection with or pursuant to this Contract. 13. LIMITATION OF LIABILITY The liability of CII pursuant to Section 12 shall not exceed the greater of an aggregate limit of$5,000,000 or the amount actually paid by the Customer to CII under this Contract,regardless of the legal theory under which such liability is imposed. 14. INSURANCE A. Within thinly (30) days of the execution of this Contract, CII shall furnish the Customer with certificates of insurance showing that CII carries Automobile Insurance and General Liability Insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence and Workmen's Compensation Insurance sufficient to satisfy state law requirements. The certificates of insurance shall also provide that at least thirty(30)days notice in writing shall be given to the Customer of any cancellation or reduction of coverage before such coverage is cancelled or reduced. B. The Customer shall be named as an additional insured party on the policies obtained by CII pursuant to this Section. CII shall not be relieved of any obligation of indemnification pursuant to this Contract by reason of its failure to secure and maintain insurance as required by this Section. 15. CANCELLATION This Contract may be terminated by either party,with or without cause,upon not less than ninety(90)days notice,in writing,by overnight delivery,personal delivery or registered mail return receipt requested to the other parry. Such notice shall be effective upon receipt. 16. ENTIRE CONTRACT AND MODIFICATION This Contract and the attachments hereto and made a part hereof sets forth the entire agreement of the Parties with respect to the subject matter hereof and supersedes and merges all prior agreements and understandings. No amendment, modification or waiver of any provisions of this Contract or consent to any departure therefrom shall be effective unless in writing and signed by duly authorized officers of both Parties. AUTHORIZED SIGNATURE—CONTRACT NUMBER CII-10-146 IN WITNESS HEREOF, Communications International, Inc. and the Customer have caused this Contract to be signed as of the Effective Date set forth above. COMMUNICATIONS INTERNATIONAL INC. INDIAN RIVER COUNTY BOARD OF COMMISSIONERS By: d2 By: � r r,•,� •GOMAI/8, �.. Title: C/./.'® Title: Chairman R ••�; e Name: Name; Bob Solari 1(� a A ' ' 'DV $ Date: March 1, 2011 �� APPROVED TO FORM Attegtt J.K. Batt AND LEGALe-_ FFICIENCy BY a rf cg �A�� A��i��f��®� By. .. Ire— iiiity Ar'= ninistrator Deets CflarBc 89 Contract Number CII-10-146 AL Wftw EXHIBIT "A" SCOPE OF WORK During the term of the Contract, CII agrees(i)to provide the Customer with repair,maintenance services and parts to maintain the Customer's radio equipment as set forth herein and(ii)to provide the products and services as described in Exhibit A and B at the Prices set forth in Exhibits B and C. 1. Conditions of Service CII shall supply staffing, supervision, labor, service facilities, repair parts, test equipment and supplies necessary to meet the service requirements stated herein. 2. Terminal Equipment Maintenance I Fixed Equipment Maintenance A. Emergency Service shall be provided by CII for Fixed Equipment Maintenance and CII will respond within two(2)hours of the Customer's request for Emergency Service. B CII shall not be liable for any costs inc uaed fnr repair and/or replacement of any Fixed Equipment that becomes imperatiFq-, due to user or third party negligence, installation or removal; liquid intrusion; lightening damage or Acts of God. Any component parts replaced under this Section shall be returned to Customer for inspection. C. CII shall not be liable for any costs incurred for correcting,repairing or replacing infrastructure or data corruption caused by(i). improper operations of Customer or any third party or(ii)failure of Associated Systems. "Associated Systems"are defined as any equipment used in the operation of the Customer's Fixed Equipment or Terminal Equipment that is not maintained by CL 4. Preventative Maintenance CII will annually perform verification on Terminal Equipment covered by this Contract to validate factory specifications and will correct any deficiencies found. 5. General All services provided under this Contract are only applicable to the Terminal Equipment, Fixed Equipment and Other Equipment listed in Exhibit`°B". Page 5 of 13 90 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Joseph A. Baird, County Administrator F THROUGH: John King, Director Department of Emer cy ervices FROM: Dale Justice, Emergency Management Coordinator— Department oordinatorDepartment of Emergency Services DATE: January 7, 2013 SUBJECT: Modification of Emergency Management Federally-Funded Subgrant Agreement 13-FG-86-10-40-01-098 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 original Subgrant agreement was submitted and approved by the Board and signed by Commissioner Wheeler on July 17, 2012. Florida Department of Emergency Management requests modification to the referenced Subgrant agreement titled Attachment"C" Program Condition: Training and Exercise: Item (1) Participation is changed from "1 exercise per quarter" to "3 exercises within the 12 month agreement period". Item (2) "Submit an After Action Report for each exercise" is changed to read Submit an After Action Report for each exercise conducted by the Recipient and provide documentation for participatioli each exercise conducted by the Recipient. Item (3) changed from "Complete the Professional Development Series" to "Complete IS 100, 200, 700 800 and the Professional Development Series". These changes will not impact current operations. 91 FUNDING: This is a 100%funded agreement and no match is required by Indian River County. The term of the agreement is from execution of this agreement through June 30, 2013. 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. Account Number Total subgrant funds available to Indian River $74,416.00 County 00120825-033490 Professional planning services $23,900.00 00120825-033190 Exercise expenditures $ 1,100.00 00120825-066490 State contract forklift purchase - daily & post disaster use $28,600.00 00120825-035290 Other durable equipment expenditures $20,816.00 Total subgrant fund expense request $74,416.00 RECOMMENDATION: Staff recommends approval of Modification of the Federally Funded Subgrant Agreement (13- FG-86-10-40-01-098) and to authorize the Chairman to execute this agreement between Indian River County Emergency Management and the State of Florida, Division of Emergency ..,. Management. ATTACHMENTS: 1. Four(4) Original Copies ofEMPG Agreement#13-FG-86-10-40-01-098 2. Indian River County Office of Budget and Management Grant Form APPROVED FOR AGENDA FOR: January 15, 2013 Indian River County App Zed Date Administrator SID Legal BY: Budget 1 13 Jose h A. Baird Risk Management County Administrator Department 92 GRANT NAME: EMPG Grant GRANT# 13-FG-XX-10-40-01-098 AMOUNT OF GRANT:$ 74 416.00 DEPARTMENT RECEIVING GRANT: Emergency Services INTACT PERSON: John King PHONE NUMBER: 772-567-8000 ext 3859 1. How long is the grant for?__ 1 year Starting Date: July 1,2012 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes,does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of match N/A 0% 5. Grant match amount required$ N/A 6. Where are the matching funds coming from(i.e.In Kind Services;Reserve for Contingency)?N/A 7. Does the grant cover capital costs or start-up costs? N/A Yes No If no,how much do you think will be needed in capital costs or start up costs (Attach a detail listing of costs) $ N/A 8. Are you adding an additional positions utilizing the grant funds? Yes X No If yes,please list. �If additional space is needed,please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries N/A N/A N/A N/A N/A 011.13 Other Salaries&NX-rages(PT) N/A 1_`ILA N/A N./A N/A 012.11 Social Security N/A N/A N/A N/A N/A 012.12 Retirement-Contributions N/A N/A N/A N/A N/A 012.13 Insurance-Life&Health N/A N/A N/A N/A N/A 012.14 Worker=s Compensation N/A N/A N/A N/A N/A 12.17 S/Sec.Medicare Matching N/A N/A N/A N/A N/A TOTAL N/A N/A N/A N/A N/A 9. What is the total cost of each position including benefits,capital,start-up,auto expense,travel and operating? Salary and Benefits Operating Costs Capital Total Costs N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 10. What is the estimated cost of the grant to the county over five years?$ N/A Grant Other Match Costs Amount Not Covered Match Total First Year $N/A $N/A $N/A $N/A Second Year $N/A $N/A $N/A $N/A Third Year $N/A $N/A $N/A $N/A Fourth Year $N/A $N/A $N/A $N/A Fifth Year $N/A $N/A $N/A $N/A -awignature of Preparer: Date:_ December 7,2012 93 Contract Number: 13-FG-86-10-40-01-098 MODIFICATION# 1 TO SUBGRANT AGREEMENT This Modification is made and entered into by and between the State of Florida, Division of Emergency Management, ("the Division'), and Indian River County("the Recipient")to modify Subgrant Agreement Number 13-FG-86-10-40-01-098, dated August 7, 2012 (°the Agreement'). WHEREAS,the Division and the Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant of$74,416 to Recipient; and WHEREAS, the Division and the Recipient desire to modify the Agreement by amending Attachment C (Program Conditions). NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein,the parties agree as follows: 1. Attachment C (Program Conditions)to this Agreement is hereby deleted in its entirety, and the Revised Attachment C, which is attached hereto and incorporated herein by reference, is substituted in its place and stead. 2. All provisions not in conflict with this Modification remain in full force and effect,and are to be performed at the level specified in the Agreement. 3. All provisions of the Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective as of the date of the last execution of this Modification by both parties. IN WITNESS WHEREOF, the parties hereto have executed this document on the dates set out below. RECIPIENT: INDIAN RIVER COUNTY BY: NAME&TITLE: Joseph E. Flescher, Chairman DATE: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT BY: Bryan Koon, Director DATE: APPROVED APPROVED AS TO FORM AND LEGAL Sl1FFl, t NCY Attest: Jeffrey R. Smith, Clerk of 1 Y �� Court and Comptroller WILLIAM K.DEBRAAL DEPUTY COUNTY ATTORNEY dmtnlnter�i~s�r) By. Deputy Cl only A lu Attachment C r t' t.! Program Conditions a Items listed below are to be reviewed during the mid-year and end-of year progress report prepared in conjunction with the Division's Regional Coordinator to ensure county compliance. 1. COORDINATION AND COLLABORATION -Utilizing the below elements, county emergency management agencies will have an ongoing process that provides for coordinated and collaborated input in the preparation, implementation, evaluation and revision of emergency management programs. See Data Download and Upload details in#3 below. • Provide an agenda or a copy of the certificate to show participation in the following during this contract period(July 1, 2012—June 30, 2013):, • Regional Domestic Security Task Force(RDSTF) Meeting • Urban Area Security Initiative Meetings(if applicable) • State Working Group Meetings(if applicable) 2. TRAINING AND EXERCISE-To ensure that each county emergency management agency is in compliance with EMPG Guidance, each EMPG funded position during this contract period (July 1, 2012—June 30, 2013) shall provide the following items. See Data Download and Upload detail in#3 below. • Participate in no less than three(3)exercises within the 12 month Agreement period • Submit an After Action Report(AAR)for each exercise conducted by the Recipient and/or provide sufficient exercise documentation (i.e.,sign in sheet, certificate, etc.)for participation in each exercise not conducted by the Recipient • Complete IS 100, 200, 700, 800 and the Professional Development Series 3. DATA DOWNLOAD AND UPLOAD—Data exchange between the Division and counties will be facilitated by the use of the Division's Sharepoint Portal available at httpsJ/portal.floridadisaster.org. Counties will be provided user names and passwords to access the portal. All data, forms,templates and instructions to be provided by the Division will be made available via the portal, and counties shall use the portal to upload data or provide notice of"No Change"for applicable items. 95 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Joseph A. Baird, County Administrator THROUGH: John King, Director Department of Emere �c�yervices FROM: Dale Justice,Emergency Management Coordinator Department of Emergency Services DATE: January 7, 2013 SUIS TECT: Acceptance of the State Homeland Security Grant Program - Emergency Management Subgrant Agreement 13-DS-97-08-39-01-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 2012 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 Chapter 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 $15,778.00. The funding associated with this agreement (13-DS-97-08-39-01-XXX) has been approved by the state and designated for training and exercise purposes and includes validation of multiple existing capabilities within the Indian River County Comprehensive Emergency Management Plan. FUNDING: This is a 100% funded agreement and no match is required by Indian River County. The term of the agreement is from October 1, 2012 through April 30, 2014. 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. Total SH GP funds $15,778.00 00120825-033490—Other Contractual Srvcs J $15,778.00 .O. 96 RECOMMENDATION: Staff recommends approval of the grant and the expenditures as directed in the Federally Funded Subgrant Agreement (13-DS-97-08-39-01-XXX) and to authorize the Chairman to execute this agreement between Indian River County Emergency Management and the State of Florida, Division of Emergency Management. ATTACHMENTS: 1. Two (2) Original Copies of Award Letter 2. Four(4) Original Copies of Agreement#13-DS-97-08-39-01-XXX 3. Indian River County Office of Budget and Management Grant Form APPROVED FOR AGENDA Indian River County Approved Date FOR: _ January 15, 2013 ) Administrator 11013 _ Legal BY: A 'C t Budget g i3 Jose A. Baird [Department k Management County Administrator ` 3 �I1r 97 GRANT NAME: Homeland Security GRANT# 13-DS-97-08-39-01-XXX AMOUNT OF GRANT:$ 15,778.00 DEPARTMENT RECEIVING GRANT: Emergency Services 'ONTACT PERSON:_ John King PHONE NUMBER: 226-3859 1. How long is the grant for? 18 months Starting Date: October 1,2012 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 Ifyes,does the grant allow the match to be In Kind Services? Yes No 4. Percentage of match N/A p�/a 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 anase dditional positions utilizing the grant funds? Yes ---X—No If yes,please list. Nadditional space is needed,pleaattach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries NIA 011.13 Other Salaries&Wages(PT) NIA 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 +12.17 S/Sec.Medicare Matching NIA 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 NIA 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 $ 15,778.00 $ N/A $ N/A $ 15,778.00 Second Year $ N/A $ $ $ N/A Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ IF $ IF $ $ ,gnature of Preparer: Date: ) �'•13 98 :;t yam py STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT RICK SCOTT BRYAN W.KOON Governor Director October 10, 2012 SUBGRANTEE: Indian River County Emergency Management ISSUE NUMBER PROJECT TITLE FINAL ALLOCATION 11 Exercise $15,778.00 GRANT PERIOD: October 1, 2012 —June 30, 2014 AWARD TOTAL: $15,778.00 FEDERAL GRANT NO: EMW-2012-SS-00109-S01 STATE GRANT NO: Provided Upon Execution In accordance with the provisions of Federal Fiscal Year 2012 Homeland Security Grant Program, the Florida Division of Emergency Management hereby awards to the foregoing Sub-grantee a grant in the amount shown above. Payment of Funds: The Award Letter must be signed by the Official Authorized to Sign in the space below and the original returned to the Florida Division of Emergency Management before execution of your agreement. The sub-grantee should not expend any funds until they receive a fully executed agreement from the Florida Division of Emergency Management and all Special Conditions are satisfied. Grant funds will be disbursed to sub- grantees (according to the approved project budget) upon receipt of evidence that items have been invoiced, deliverables have been received and that funds have been expended (i.e., invoices, contracts, itemized expenses, canceled checks, etc.). Supplantation: The Act requires that sub-grantees provide assurance that sub-grant funds will not be used to supplant or replace local or state funds or other resources that would otherwise have been available for homeland security activities. In compliance with that mandate, I certify that the receipt of federal funds through Florida Division of Emergency Management shall in no way supplant or replace state or local funds or other resources that would have been made available for homeland security activities. Conditions: 1 certify that I understand and agree that funds will only be expended for those projects outlined in the funding amounts as individually listed above. I also certify that I understand and agree to comply with the general and fiscal terms and conditions of the grant including special conditions; to comply with provisions of the Act governing these funds and all other federal laws; that all information is correct; that there has been appropriate coordination with affected agencies; that I am duly authorized to commit the applicant to these requirements; and that all agencies involved with this project understand that all federal funds are limited to a twenty month (20) period. FLORIDA RECOVERY OFFICE • DIVISION HEADQUARTERS • STATE LOGISTICS RESPONSE CENTER 5900 Lake Ellenor Drive 2555 Shumard Oak Boulevard 2702 Directors Row Orlando, FL 32809-4634 Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 Tel: 850-413-9969 • Fax: 850-488-1016 www.FlorideDisaster.org 99 SPECIAL CONDITIONS Article 1— Financial Guidelines 1. The grantee and any sub-grantee 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 DHS grants are listed below: A. Administrative Requirements . 1. 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 2. 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) 3. 44 CFR Part 10, Environmental Considerations B. Cost Principles 1. 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87) 2. 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21) 3. 2 CFR Part 230, Cost Principles for Non-Profit Organizations (OMB Circular A-122) 4. 48 CFR 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations C. Audit Requirements 1. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations Article ll — Specific Acknowledgements and Assurances All recipients of financial assistance must acknowledge and agree and require any sub- recipients, contractors, successors, transferees, and assignees acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance review or complaint investigation conducted by Florida Division of Emergency Management and Department of Homeland Security. 2. Recipients must give Florida Division of Emergency Management and Department of Homeland Security access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other 100 individuals and information as may be necessary, as required by DHS Na— regulations and other applicable laws or programs guidance. 3. Recipients must submit timely, complete, and accurate reports to Florida Division of Emergency Management and maintain appropriate back up documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed program guidance. 5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to Florida Division of Emergency Management and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familia_I status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the compliant and findings to Florida Division of Emergency Management which will then be forwarded to DHS Component. The United States has the right to seek judicial enforcement of these obligations. Article III— Lobbying Prohibitions None of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt 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 any Federal action concerning the award or renewal of any Federal contract, grant, loan, cooperative agreement. These lobbying prohibitions can be found at 31 U.S. C. 1352. Article IV—Acknowledge of Federal Funding from DHS The recipient agrees that all allocations and use of funds under this grant will be in accordance with the FY 2012 Homeland Security Grant Program (HSGP) guidance and application kit. Also recipients will comply to acknowledge Federal funding when issuing statements, press releases, request for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. 101 Article V— Financial Reports (FDEM Form 1 & 2) Required Quarterly The recipient shall submit the Financial Report (FDEM Form 1 &2)within.30 days of the end of the first Federal quarter covering the grant period of performance. The recipient shall submit quarterly reports thereafter until the grant ends and final payment is received. Reports are due on January 31, April 30, July 31 and October 30. A report must be submitted for every quarter of the period of performance, including partial calendar quarters, as well as for periods where no grant activity occurs. Future reimbursement requests may be withheld if these reports are delinquent. The Close-Out Report (FDEM Form 5) is due within sixty (60) days after the end date of the performance period. Article VI—Copyright Recipients will comply with requirements that publications or other exercise copyright for any work first produced under Federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). For any scientific, technical, or other copyright work based on or containing first data produces under this award, including those works published in academic, technical or professional journals, symposia proceedings, or similar works, the recipient grants the Government a royalty-free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works and to authorize others to do so, for Government purposes in all such copyrighted works. The recipient shall affix the applicable copyright notices of 17 U.S.C. 401 or 402 and an acknowledge of Government sponsorship (including award number) to any work first produced under an award. Article VII — Use of DHS Seal, Logo and Flags Recipients must obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likeness of Coast Guard officials. Article Vlll—Activities Conducted Abroad Recipients will comply with requirements that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article IX— Fly America Act of 1974 Recipients will comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag air carriers(air carriers holding certificates under 49 U.S.C. 41102) for international air transportation of people and properly to the extent that such service is 102 available, in accordance with the International Air Transportation Fair Competitive Practices - Act of 1974 (49 U.S.C. 40118) and the interpretative guidelines issued by the Comptroller General of the united States in the March 31, 1981, amendment to Comptroller General Decision B138942. Article X— GPD—Drug-Free Workplace Regulations Recipients will comply with the requirements of the Drug-Free Workplace Act of 1988 (41 U.S.0 707 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. The recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statue. Failure to comply with these requirements may be cause for debarment. These regulations are codified at 2 CFR 3001. Article XI— Trafficking Victims Protection Act of 2000 Recipients will comply with requirements of the government-wide term which implements Section 106(g) of the Trafficking Victims Protection Act(TVPA) of 2000,. as amended (22 U.S.C. 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim in Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with the statutory requirement, in each agency award under which the funding is provided to a private entity, Section 106(g) of the TVPA, as amended, required the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the recipient or a sub-recipient— (a) Engages in severe forms of trafficking in persons during the period of time that the award is in effect; (b) Procures a commercial sex act during the period of time the award is in effect; or(c) Uses forced labor in the performance of the award or sub-awards under the award. Full text of the award term is provided at 2 CFR 175.15. Article XII —Civil Rights Act of 1964 Recipients will comply with the requirements of the title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation, in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Article XIII—Civil Rights Act of 1968 Recipients will comply with the requirements of Titles VII of the Civil Rights Act, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwelling, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex(42 U.S.C. 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 CFR Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units i.e., the public and common use areas and 103 �— individual apartment units (all units in buildings with elevators and ground floor units in buildings without elevators) be designed and constructed with certain accessible features (see 24 CFR 100.201). Article XIV—American with Disabilities Act of 1990 Recipients will comply with the requirements of Titles I, II, III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of the public entities, public and private transportation systems, places of the public accommodation, and certain testing entities (42 U.S.C. 12101-12213). Article XV—Age Discrimination Act of 1975 Recipients will comply the requirements of the Age discrimination Act of 1975 (42 U.S.C. 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. Article XVI—Title IX of the Education Amendments of 1972 Recipients will comply with the requirements Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) which provides that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. These regulations are codified at 44 CFR Part 19. Article XVII— Rehabilitation Act of 1973 Recipients will comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, as amended, which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to the discrimination under any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or services as well as to employment. Article XVIII— Limited English Proficiency Recipients will comply with the requirements of Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin and resulting agency guidance, national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with title VI, recipients must take reasonable steps to ensure that LEP persons have meaningful access to your programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Recipients are encouraged to consider the need for language services for LEP persons served or 104 encounters both in developing budgets and in conducting programs and activities. For •.- assistance and information regarding LEP obligations, go to http://www.ler).,qov. Article XIX—Animal Welfare Act of 1966 Recipients will comply with the requirements of the Animal Welfare Act, as amended (7 U.S.C. 2131 et seq.), which requires that minimum standards of care and treatment be provided for vertebrate animals bred for commercial sale, used in research, transported for commercial sale, or exhibited t the public. Recipients must establish appropriate policies and procedures for the humane care and use of animals based on the Guide for the Care and Use of Laboratory Animals and comply with the Public Health Service Policy and Government Principles Regarding the Care and Use of Animals. Article XX—Clean Air Act of 1970 and Clean Air Act of 1977 Recipients will comply with the requirements of 42 U.S.C. 7401 et seq. and Executive Order 11738, which provides for the protection and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintain the chemical, physical, and biological integrity of the nation's waters is considered research for other purposes. Article XXI—Protection of Human Subjects Recipients will comply with requirements of the Federal regulations at 45 CFR Part 46, which requires recipients to comply with the applicable provisions/law for protection of human subjects for purposes of research. Recipients must also comply with the requirements of DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 45 CFR Part 46, research means a systematic investigation, including research, development, testing, and evaluation, designed to develop or contribute to general knowledge. Activities that meet this definition constitutes research for purposes of this policy, whether or not they are conducted or supported under a program that is considered research for other purposes. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart 13): prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable state and local law and is not directly regulated by 45 CFR Part 46. Article XXII—National Environmental Policy Act(NEPA) Recipients will comply with the requirements of the National Environmental Policy Act (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-supports activities, DHS requires the 105 environmental aspects of the construction grants (and certain non-construction projects as specified by the Component and Florida Division of Emergency Management) to be reviewed and evaluated before final action on the application. Article XXIII —National Flood Insurance Act of 1968 Recipients will comply with the requirements of Section 1306(c) of the National Flood Insurance Act, as amended, which provided for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate State or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waved exceeding anticipated cyclical levels. These regulations are codified at 44 CFR Part 663. Article XXIV— Flood Disaster Protection Act of 1973 Recipients will comply with the requirements of the Flood Disaster Act of 1973, as amended (42 U.S.C. 4001 et seq.), which provides that no Federal financial assistance to acquire, modernize, or construct property may be provided in identified flood-prone communities in the United Stated, unless the community participates in the National Flood Insurance Program and flood insurance is purchases within one year of the identification. The flood insurance purchase requirement applies to both public and private applicants for DHS support. Lists of flood prone areas that are eligible for flood insurance are published in the Federal Registry by FEMA. Article XXV—Coastal Wetlands Planning, Protection, and Restoration Act of 1990 Recipients will comply with the requirements of Executive Order 1190, which provides that federally funded construction and improvements minimize the destruction, loss or degradation of wetlands. The Executive Order provides that, in furtherance of Section 101(b)(3) of NEPA (42 U.S.C. 4331(b)(3)), Federal agencies, to the extent permitted by law, must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds that there is no practicable alternative to such construction, and that the proposed action includes all practicable measures to minimize harm to wetlands that may result from such use. In making this finding, the head of the agency may take into account economic, environmental, and other pertinent factors. The public disclosure requirement described above also pertains to early public review of any plans or proposals for new construction in wetlands. This is codified at 44CFR Part 9. Article XXVI— USA Patriot Act of 2001 Recipients will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. 175-175c. Among other things, it prescribes 106 COPY criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or receive any biological agent or town that is listed as a select agent. Article XXVII—Summary Description of Project The FY 2012 Homeland Security Grant Program (HSGP)funding plays an important role in the implementation of Presidential Policy Directive—8 (PPD-8) by supporting the development and sustainment of core capabilities to fulfill the National Preparedness Goal (NPG). HSGP funding shall be used for costs related to the planning, organization, equipment, training, and exercise needs that prevent, protect against, mitigate, respond to and recover from acts of terrorism and other catastrophic events. ACCEPTANCE FOR THE SUBGRANTEE: Signature of Official Authorized to Sign Signature of State Administrative for Grantee Agency Date Date APPROVED Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: [} Deputy Clerk JV Fent•.' A. nin6strator APPROVED AS TO FORM AIVBy D EGAL SU IIE�JCY WILLIAM K.DEBRAAL DEPUTY COUNTY ATTORNEY 107 OPT Contract Number: 13-DS-97-08-39-01- 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 of this Agreement. w.. (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 B. (3) PERIOD OF AGREEMENT, This Agreement shall begin upon execution by both parties or October 1,2012,whichever is later,and shall end April 30,2014,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 1 w. 108 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 Budget and Scope of Work- Attachment A-and all other applicable laws and regulations. (d) The Recipient, its employees or agents,including all subcontractors or consultants to be paid from funds provided under this Agreement,shall allow access to its records at reasonable times to the Division,its employees,and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m.to 5:00 p.m., local time,on Monday through Friday. "Agents" shall include,but not be limited to,auditors retained by the Division. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents,in accordance with generally accepted accounting principles,to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at reasonable times for inspection,review,or audit by state personnel and other personnel authorized by the Division. "Reasonable" shall ordinarily mean normal business hours of 8:00 a.m.to 5:00 p.m.,local time,Monday through Friday. (c) The Recipient shall provide the Division with the records,reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a 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 2 r.. 109 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.html 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 (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 3 a.. 110 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 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31,June 30,September 30 and December 31. (c) The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division,the Division may withhold further payments until they are completed or may take other action as stated in Paragraph(11)REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide additional program updates or information that may be required by the Division. (f) The Recipient shall provide additional reports and information . (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 4 111 other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to .r 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 w. in Section 768.28,Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT. If any of the following events occur("Events of Default"),all obligations on the part of the Division to make further payment of funds shall,if the Division elects,terminate and the Division has the option to exercise any of its remedies set forth in Paragraph(11). However,the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies,and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or.misleading in any respect,or if the Recipient fails to keep or perform any of the obligations,terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion,or is unable or unwilling to meet its obligations under this Agreement; (b) if material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division. 5 112 (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 may,after thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days,exercise any one or more of the following remedies,either concurrently or consecutively: (a) Terminate this Agreement,provided that the Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States,first class mail, postage prepaid,by registered or certified mail-return receipt requested,to the address in paragraph(13)herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. (e) Exercise any corrective or remedial actions,to include but not be limited to: 1. Request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. Advise the Recipient to suspend,discontinue or refrain from incurring costs for any activities in question or 4.Require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; (f) Exercise any other rights or remedies which may be available under law. (g) Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient,it will not affect,extend or waive any other right or remedy of the Division,or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. (12) TERMINATION. (a) The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds,fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time,and refusal by the Recipient to permit public access to any document,paper, letter,or other material subject to disclosure under Chapter 119,Fla. Stat.,as amended. 6 113 (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 day's 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: Alonzo Joseph 2555 Shumard Oaks Blvd.Room 120.03 Tallahassee,FL 32399-2100 Telephone: 850-488-3133 Fax: 850-922-8689 Email: Alonzo.Joseph@em.myflorida.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: John King, Director 4225 43r Ave . Vero Beac , FL 32967 Telephone: 772-5G7-2154 Fax: 772-567-9323 Email: ikinq@irrqnir. 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. 7 114 (14) SUBCONTRACTS *40W 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—Budget and Scope of Work r.. Attachment B—Program Statutes,Regulations and Special Conditions Attachment C—Justification of Advances Attachment D—Warranties and Representations Attachment E—Certification Regarding Debarment Attachment F—Statement of Assurances Attachment G—Reimbursement Checklist (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$15,778.00,subject to the availability of funds. (b) Any advance payment under this Agreement is subject to Section 216.181(16),Fla.Stat.,and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph(12)(b)of this Agreement. The amount which 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-1 10,A-122 and the Cash Management Improvement Act of 1990. All advances 8 115 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 C. Attachment C will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. (c) After the initial advance,if any,payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,Attachment A of this Agreement. (d) Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. Invoices shall be accompanied by a statement signed and dated by an authorized representative of the Recipient certifying that"all disbursements made in accordance with conditions of the Division agreement and payment is due and has not been previously requested for these amounts." The supporting documentation must comply with the documentation requirements of applicable 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 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 are incorporated by reference. The inaccuracy of the submissions or 9 116 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. (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 criminaloffense 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 10 117 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.E)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. 0) 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. (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. 11 118 (20) LOBBYING PROHIBITION (a) No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies,by its signature to this Agreement,that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the Recipient,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment or modification of any Federal contract,grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant, loan or cooperative agreement,the Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." 3. The Recipient shall require that this certification be included in the award documents for all subawards(including subcontracts,subgrants,and contracts under grants, loans,and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. (21) COPYRIGHT.PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF 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. 12 119 Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State NNW- 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 it's 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 F. 13 120 F� F F. IN WITNESS WHEREOF,the parties hereto have executed this Agreement. RECIPIENT: By: Name and Title: Joseph E. Flescher, Chairman Date: FID# 59-6000674 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title:Bryan Koon, Director Date: APPROVED Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk ountti A Irrrinistrator APPROVED AS TO FORM AND LEGAL SUF Y B WILLIAM K.DEBRAAL DEPUTYCOUNTYATTORNEY 14 121 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: State Homeland Security Grant Program Catalog of Federal Domestic Assistance title and number:97.067 Award amount: $15,778.00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: NOTE:If the resources awarded to the Recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: 1. First applicable compliance requirement(e.g., what activities/services/purposes the federal resources must be used for):_Recipient is to use funding to perform the following eligible activities as identified in the United States Department of Homeland Security,Federal Emergency Management Agency,National Preparedness Directorate Fiscal Year 2012-13 State Homeland Security Grant Program(SHSGP),consistent with the Department of Homeland Security State Strategy. 2. Second applicable compliance requirement(e.g., eligibility requirements for recipients of the resources:_ Recipient is subject to all administrative and financial requirements as set forth in this Agreement,or will be in violation of the terms of the Agreement. NOTE: 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. 15 122 Attachment A Budget and Scope of Work Proposed 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 equipment category will require a"Detailed Budget Worksheet"including the proposed equipment to be purchased and the corresponding Authorized Equipment List(AEL)reference number.The AEL can be found at w-%a xv.rkb.us. d- 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. At the discretion of the Recipient,funds allocated to Management and Administration costs(as described in the"Proposed Program Budget")may be put towards Programmatic costs instead. However,no more than 3%of each Recipients'total award may be expended on Management and Administration costs. Grant Recipient Agency Category Amount Allocated Exercise $15,778.00 FY 2012-State Homeland Security Indian River County Management and Administration Grant Program—Issue 11 (the dollar amount which corresponds to 3%of the total local agency allocation is shown in the column on the right).. Total Award $15,778.00 16 123 .. 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. FY2012 IndianCo Issue 11 BudgetDetail Worksheet— • • 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 1 15,778.00 15,778.00 11 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 http://www.ojp.usdoj.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. Page 2 of 15 124 Hiring of full-time or part-time staff or contractors/consultants: # To assist with the management of the respective grant program 4. To assist with application requirements of the grant program .4 To assist with the compliancy with reporting and data collection as it may relate to the grant program Development of operating plans for information collection and processing necessary to respond to DHS/ODP data calls. Costs associate with achieving emergency management that is inclusive of the access and functional needs of workers and citizens with disabilities. Overtime and backfill costs—Overtime expenses are defined as the result of personnel who worked over and above their normal scheduled daily or weekly worked time in the performance of FEMA—approved activities.Backfill Costs also called"Overtime as Backfill"are defined as expenses from the result of personnel who are working overtime in order to perform the duties of other personnel who are temporarily assigned to FEMA—approved activities outside their core responsibilities.Neither overtime nor backfill expenses are the result of an increase of Full—Time Equivalent(FTEs)employees.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 pm to 5:00 pm),even though such work may benefit both activities.Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act(FICA),Workers'Compensation and Unemployment Compensation. Travel expenses Meeting-related expenses(For a complete list of allowable meeting- related expenses,please review the OJP Financial Guide at hftp://www.ojp.usdoj.gov/FinGuide). Acquisition of authorized office equipment,including personal computers,laptop computers,printers,LCD projectors,and other equipment or software which may be required to support the implementation of the homeland security strategy. The following are allowable only within the contract period: d. Recurring fees/charges associated with certain equipment,such as cell phones,faxes,etc. d. Leasing and/or renting of space for newly hired personnel to administer programs within the grant program. Page 3 of 15 125 B. Scope of Work r.... Funding is provided to perform eligible activities as identified in the Domestic Homeland Security—Federal Emergency Management Agency National Preparedness Directorate Fiscal Year 2012 State Homeland Security Grant.Program(SHSGP),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 11—Local Planning,Training and Exercise: This project will allow counties to execute an exercise plan that will test the knowledge,skills and abilities of personnel,organizations and the public/private partnerships and ensure that personnel involved in Emergency Operation Center operations/on-site incident management have and continue to receive appropriate training to fulfill their role as required by the National Response Framework. II. Categories and Eligible Activities FY2012 allowable costs are divided into the following categories:planning,training,exercises,management and administration cost are allowable cost. Each category's allowable costs have been listed in the"Budget Detail Worksheet"above. A. Planning 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 DHS national initiatives including but not limited to the following: • hnplementing the National Preparedness Guidelines(NPG)and the Whole community approach to Security and Emergency Management • Pre-event recovery planning • Implementing the National Infrastructure Protection Plan(NIPP)and associated Sector Specific Plans • Enhancing and implementing Statewide Communication Interoperability Plans(SCIP)and Tactical Interoperable Communications Plans(TICP)that align with the goals,objectives,and initiatives of the National Emergency Communications Plan(NECP) • Costs associated with the adoption,implementation,and adherence to NIMS compliance requirements,including implementing the NIMS National Credentialing Framework • Modifying existing incident management and EOPs to ensure proper alignment with the National Response Framework (NRF)coordinating structures,processes,and protocols • Establishing or enhancing mutual aid agreements • Developing communications and interoperability protocols and solutions • Conducting local,regional,and tribal program implementation meetings • Developing or updating resource inventory assets in accordance to typed resource definitions issued by the NIMS Integration Center(NIC) • Designing State and local geospatial data systems • Developing and conducting public education and outreach campaigns,including promoting individual,family,and organizational emergency preparedness;alerts and warnings education;promoting training,exercise,and volunteer opportunities,informing the public about emergency plans,evacuation routes as well as CBRNE prevention awareness • Designing programs to address targeting at-risk populations and engaging them in emergency management planning efforts • Activities,materials,service,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 State Preparedness Reports(SPRs) • WHTI implementation activities including the issuance of WHTI-compliant tribal identification cards Developing related terrorism prevention activities including: • Developing THIRA that reflects a representative make up and composition of 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 • 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 fire service,emergency management,public health care,public safety,and health security data-gathering(threats to human and animal health)within State and Major Urban Area fusion centers to achieve early warning and mitigation of health events • Integrating and coordinating private sector participation with fusion center activities 19 w 126 • 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 • Multi-discipline preparation across first responder community,including EMS for response to catastrophic events and acts of terrorism • Accessible public information/education:printed and electronic materials,public service announcements,seminars/town hall meetings,and web postings coordinated through local Citizen Corps Councils or their equivalent • Conducting public education campaigns including promoting suspicious activity reporting and preparedness;individual, family,and organizational emergency preparedness;promoting the Ready campaign;and/or creating State,regional,or local emergency preparedness efforts that build upon 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 • Multi-Jurisdiction Bombing Prevention Plans(MJBPP) • Underwater Terrorist Protection Plans Developing and enhancing plans and protocols,including but not limited to: • Community-based planning to advance"whole community"security and emergency management • Incorporating govern ment/non-governmental collaboration,citizen preparedness,and volunteer participation into State and local government homeland strategies,policies,guidance,plans,and evaluations • Developing,enhancing,maintaining a current EOP that conforms to the guidelines outlined in the CPG 101 v.2 • Developing or enhancing local,regional,or Statewide strategic or tactical interoperable emergency communications plans • Activities associated with a conversion from wideband to narrowband voice channels to support interoperability • Implementing Statewide Communications Interoperability Plan(SCID)and Tactical Interoperable Communications Plans (TICPs)that align with the goals,objectives,and initiatives of the National Emergency Communications Plan(NECP) • Developing protocols or standard operating procedures 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 cyber risk mitigation plans • 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 • Developing plans and response procedures for 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 emergency medical services systems • Developing or enhancing plans for donations and volunteer management and the engagement/integration of private sector/non-governmental entities in preparedness,response,and recovery activities • Developing or enhancing Bombing Prevention Plans • 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 • 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 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, 20 N"W 127 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 r. • 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 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 • Conducting or updating interoperable emergency communications capabilities assessments at the local,regional,or Statewide level • 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 gaps that cannot be met by existing local and State resources • Conducting Bombing Prevention Capability Analysis • Activities that directly support the identification of specific catastrophic incident priority response and recovery projected needs across disciplines(e.g.,law enforcement,fire,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 • 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 • Soft target security planning(e.g.,public gatherings) Identify 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 level of independence in general population environments +r► Developing and implementing a community preparedness strategy for the State/local jurisdiction Establishing,expanding,and maintaining volunteer programs and volunteer recruitment efforts that support disaster preparedness strategy for the State local jurisdiction • Citizen support for emergency responders is critical through year-round volunteer programs and as surge capacity in disaster response,including but not limited to:citizen Corps Affiliate Programs and Organizations,Community Emergency Response Team(CERT),Fire Corps,Medical Reserve Corps(MRC),Neighborhood Watch/UASonWatch,volunteers in Police Service(VIPS),and jurisdiction specific volunteer efforts Establishing and sustaining Citizen Corps Councils or their equivalent Working with youth-serving organizations to develop and sustain a youth preparedness program B. Training 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 should provide the opportunity to demonstrate and validate skills learned,as well as to identify any gaps in these skills. Any training gaps,including those for children and individuals with disabilities or access and functional needs is allowable(e.g.,sign language interpreters,communication Access Realtime Translation[CART)and other modifications of policies and practices to fully include participants with disabilities). Stakeholders are also encouraged to 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. • Training that promotes individual,family,or community safety and preparedness is encouraged,including: all- hazards safety training such as emergency preparedness,basic first aid,life saving skills,crime prevention and 21 128 terrorism awareness,school preparedness,public health issues,mitigation/property damage prevention,safety in the home,light search and rescue skills,principles of NIMS/ICS,volunteer management and volunteer activities,serving ar. 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 supplement training for CERT members who have completed the basic training,the CERT Train-the-Trainer Course,and the CERT Program Manager Course are strongly encouraged. • Overtime and Backfill—The entire amount of overtime costs,including payments related to backfilling personnel, which are the direct result of attendance at FEMA and/or approved training courses and programs,are allowable. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the State or unit(s)of local government and has the approval of the State or the awarding agency,whichever is applicable.In no case is dual compensation allowable.That is,an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time(e.g.,1:00 p.m.to 5:00 p.m.),even though such work may benefit both activities. • Travel—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 Information Bulletin#193,issued October 20,2005. Additional information can be obtained at hno lhi,irii,fens rorlizood zriidance;Nou,nloadl10146. 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 training-related costs include: 4- 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). 4 Equipment that is purchased for permanent installation and/or use,beyond the scope of exercise conduct(e.g., electronic messaging signs). 4- 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 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. 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 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 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 22 129 from their unit or agency of government AND from an award for a single period of time(e.g., 1:00 p.m.to 5:00 p.m.),even though such work may benefit both activities. • Travel—Travel costs 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 consu ned 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: 4- 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). i- 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 DHC,please ante that FDE_M adheres to Florida Statues;xvhich 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 hseep(tadhs.eov. The Training and Exercise Plan will include the State's prioritized capability requirements and a Multi-Year Training and w► Exercise Plan(schedule)that supports the identified capabilities. bt addition to submission of the Multi-Year Training and Exercise Plan to hseep(ovdlts.eov, 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 httns://h Seel).dhs.gov. States must complete a cycle of exercise activities during the period of this grant. Exercises conducted by States and Ur\ban Areas may be used to fulfill similar exercise requirements required by other grants programs. 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 exercises schedule with those departments, agencies,and organizations included in the plan. • Exercise Scenarios.The scenarios used in HSGP-funded exercises must be based on tate State/Urban Area's Homeland Security Strategy and plans.Acceptable scenarios for SHSP and UASI exercises include:chemical, biological,radiological,nuclear,explosive,cyber,agricultural and natural or technological disasters. The scenarios used in HSGP-funded exercises must focus on validating existing capabilities and must be large enough in scope and size to exercise multiple tasks and warrant involvement from multiple jurisdictions and disciplines and nongovernmental organizations and take into account the needs and requirements for individuals with disabilities. Exercise scenarios should align with objectives and capabilities identified in the Multiyear 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 confinned or planned special events in the Multi-year Training and Exercise Plan. 23 130 • 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 wr.. defined in the HSEEP located at hapsJ/hssepAhs.eov. • 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,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. D. Management and Administration-no more than 3%of each sub-recipient's total award may be expended on Management and Administration costs. Hiring of full-time or part-time staff or contractors/consultants: • To assist with the management of the respective grant program • To assist with application requirements • To assist with the compliancy with reporting and data collection requirements Development of operating plans for information collection and processing necessary to respond to FEMA data calls Overtime costs-Overtime are allowable for personnel to participate in information,investigative,and intelligence sharing activities specifically related to homeland security and specifically requested by a Federal agency. Allowable costs are limited to overtime associated with federally requested participation in eligible fusion activities including anti-terrorism task forces,Joint Terrorism Task Forces(JTTFs),Area Maritime Security Committees(as required by Maritime Transportation Security Act of 2002),DHS Border Enforcement Security Task Forces,and Integrated Border Enforcement Teams. Grant funding can only be used in proportion to the Federal.man-hour estimate,and only after funding for these activities from other Federal sources(i.e.FBI JTTF payments to State and local agencies)has been exhausted. Under no circumstances should DHS grant funding be used to pay for costs already supported by funding from another Federal source. Operational overtime costs. In support of efforts to enhance capabilities for detecting,deterring,disrupting,and preventing acts of terrorism,operational overtime costs are allowable for increased security measures at critical infrastructure sites. FY 2012 SHSP or IASI funds for organizational costs may be used to support select operational expenses associated with increased security measures at critical infrastructures sites in the following authorized categories: Backfill and overtime expenses(as defined in FOA)for staffing State or Major Urban Area fusion centers; Hiring of contracted security for critical infrastructure sites; Public safety overtime(as defined in FOA) Title 21 or State Active Duty National Guard deployments to protect critical infrastructure sites, including all resources that are part of the standard National Guard deployment package);and Increased border security activities in coordination with CPB,as outlined in Information Bulletin 135. FY 2012 SHSP funds may only be spent for operational overtime costs upon prior approval provided in writing by the FEMA Administrator. Travel expenses Meeting-related expenses(For a complete list of allowable meeting-related expenses,please review the OJP Financial Guide at http7//WWW-Oil2.usdoi.gov/FinGuid . Acquisition of authorized office equipment,including: • Personal computers • Laptop computers • Printers • LCD projectors,and 24 131 • Other equipment or software which may be required to support the implementation of the homeland security strategy `trr. 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 E. Unauthorized Expenditures • Activities unrelated to the completion and implementation of the grant program • Other items not in accordance with the Authorized Equipment List or previously listed as allowable costs • 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. F. Construction and Renovation Project construction using SHSP and UAS I funds may not exceed the greater of$1,000,000 or 15%of the grant award. For the purposes of the limitations on funding levels,communications towers are not considered construction. Written approval must be provided by FEMA prior to the use of any HSGP funds for construction or renovation. When applying for construction funds,including communications towers,at the time of application,grantees are highly encouraged to submit evidence of approved zoning ordinances,architectural plans,any other locally required planning permits and documents,and to have completed as many steps as possible for a successful EHP review in support of their proposal for funding(e.g.,completing the FCC's Section 06 review process for tower construction projects;coordination with their State Historic Preservation Office to identify potential historic preservation issues and to discuss the potential for project effects). Projects for which the grantee believes and Environmental Assessment(EA)may be needed,as defined in 44 CFR 10.8 and 10.9,must also be identified to the FEMA Program Analyst within six(6)months of the award and completed EHP review packets must be submitted no later than 12 months before the end of the Period of Performance. EHP review packets should be sent by the SAA to FEMA for review. FEMA is legally required to consider the potential impacts of all HSGP projects on environmental resources and historic properties. Grantees must comply with all applicable environmental planning and historic preservation (EHP)laws, regulations,and Executive Orders(EOs)in order to draw down tlieir FY 2012 HSGP grant funds. To avoid unnecessary delays in starting a project,grantees are encouraged to pay close attention to the reporting requirements for an EHP review. For more information on FEMA's EHP requirements please refer to Bulletins 329 and 345 (htti)Hwww.fema.gov/govern men t/grantibu I leti ns/in desshtm). FY 2012 HSGP Program grantees using funds for construction projects must comply with the Davis-Bacon Act(40 U.S.C. 3141 et seq.). Grant recipients trust 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 wage determinations,is available from the following website: httn'//w\anvdol gov/compliance/laws/comm-dbra,hun. In addition,the erection of communications towers that are included in a jurisdiction's interoperable communications plan is allowed,subject to all applicable laws,regulations,and licensing provisions.Communication tower projects must be submitted to FEMA for EHP review.Per the Consolidated Security,Disaster Assistance,and Continuing Appropriations Act of2009(Public Law 110-329),communications towers are not subject to the$],000,000 construction and renovation cap. Approval Process: In order for grantees to drawdown funds for construction and renovation costs,the grantee must provide the Division with: • A description of the asset or facility,asset location,whether the infrastructure is publicly or privately owned,and the construction or renovation project; • Certification that a facility vulnerability assessment has been conducted • An outline addressing how the construction or renovation project will address the identified vulnerabilities from the assessment • Consequences of not implementing the construction or renovation project • Any additional information requested by FEMA to ensure compliance with Federal environmental and historic preservation requirements Additional information may also be found on the FEMA's website located at bnp 'S,r ria Ienua.�ov.'ylan,el7w: Note:Written approval must be provided by FEMA prior to the use of any funds for construction or renovation. G. Overtime and Backfill Guidance Personnel(SHSP and UASI)—Personnel hiring,overtime,and backfill expenses are permitted under this grant in order to perforin allowable FY 2012 HSGP planning,training,exercise,and equipment activities. A personnel cost cap of up to 50 25 132 percent(50%)of the total SHSP and UASI program funds may be used for personnel and personnel-related activities as directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement(PRICE)of Homeland Security '*maw Act(Public Law 11.0-412). Grantees who wish to seek a waiver from the personnel cost cap must provide documentation - explaining why the cap should be waived;waiver requests will be considered only under extreme circumstances. In general,the use of SHSP and UASI funding to pay for staff and/or contractor regular time or overtime/backfill is considered a personnel cost. For further details,please refer to Information Bulletin 358. FY 2012 HSGP funds may not be used to support the hiring of any personnel for the purposes of fulfilling traditional public health and safety duties or to supplant traditional public health and safety positions and responsibilities. Definitions for hiring,overtime,and backfill-related overtime,and supplanting remain unchanged from FY 2011 HSGP. H. National Incident Management System(NIMS)Compliance HSPD-5,"Management of Domestic Incidents,"mandated the creation of NIMS and the National Response Plan(NRP). 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.The NRP,using the template established by NIMS,is an all- discipline,all-hazards plan that provides the structure and mechanisms to coordinate operations for evolving or potential Incidents of National Significance,which are major events that"require a coordinated and effective response by an appropriate combination of Federal,State,local,tribal,private sector,and nongovernmental entities." The NIMS Integration Center(NIC)recommends 38 NIMS Compliance Objectives for norngovernrnental organizations that support NIMS implementation.These activities closely parallel the implementation activities that have been required of State,territorial,tribal,and local governments since 2004 and can be found at www.fema.gov/odf/emergency/niins/ngo fs.odf To integrate nonprofit organizations into the broader national preparedness effort,DHS encourages grantees to consider pursuing these recommended activities. Additionally,nongovernmental organizations 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 National Standard Curriculum Development Guide. Minimum training includes IS-700 NIMS:An Introduction.In addition,IS-800.a NRP:An Introduction,Incident Command System(ICS-100),Incident Command System(ICS-200);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 htto://www.fema.gov/emergency/nims/nims training.shtm. Additional information about NIMS implementation and resources for achieving compliance are available through the NIMS Integration Center(NIC),at http://www.fema.gov/emergency/nims/. III.Reporting Requirements 1.Quarterly Programmatic Reporting: The Quarterly Programmatic Report is due within 30 days after the end of the reporting periods(March 30,June 30,September 30 and December 30)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 providing information in the narrative portion of the Quarterly Status Report,Report will be denied until narrative is provided,also financial reimbursements will be withheld until the required information has been submitted. Programmatic Rel2orting Schedule Reporting Period Report due to DEM no later than January 1 through March 31 Aril 30 April I through June 30 July 31 July 1 through September 30 October 31 October 1 through December 31 January 31 2.Programmatic Reporting-13SIR 26 133 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) httns:%hvivxv.reoortinaodn dhs 2ov. 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. The Recipient should include the category's corresponding line item number in the"Detail of Claims"fon-n. 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. 4.Close-out Programmatic Reporting: The Close-out Report is due to the Florida Division of Emergency Management no later than 60 calendar days after the agreement is either completed or the agreement has expired. 5.Monitoring: 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. Tile Fiorida 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 .r, 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; 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, 27 Nm- 134 Status of planning activity; saw 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. Infonnation 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 FDE21 for assistance. Examples of TA include but are not limited to: !-Equipment selection or available vendors 4-Eligibility of items or services d-Coordination and partnership with other agencies within or outside the region or discipline J-Record Keeping d-Reporting Requirements I-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. 28 135 The physical location of any equipment located at an alternate site should be confirmed with a representative from that location and the NOW address should be documented in the grantee folder before the site visit. 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 capitol 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 terns 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. A. Programmatic Point of Contact Contractual Point of Contact Programmatic Point of Contact Alonzo Joseph Jana Smith FDEM FDEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd. Tallahassee,FL 32399-2100 Tallahassee,FL 32399-2100 (850)488-3133 (850)922-1747 Alonzo.Jose lvi;em.mvilorida.com Jana.Sm ith(iiem.mvtlorida.com B. Contractual Responsibilities • The FDEM shall determine eligibility of projects and approve changes in scope of work. • The FDEM shall administer the financial processes. 29 w.. 136 Attachment B �••- 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; 14" 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 Special Conditions Article I—Financial Guidelines 1. The grantee and any sub grantee 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 DHS grants are listed below: A. Administrative Requirements 1. 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 2. 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) 30 137 3. 44 CFR Part 10, Environmental Considerations low B. Cost Principles 1. 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87) 2. 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21) 3. 2 CFR Part 230, Cost Principles for Non-Profit Organizations (OMB Circular A-122) 4. 48 CFR 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations C. Audit Requirements 1. OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations Article II—Financial Reports (FDEM Form I & 2) Required Quarterly The recipient shall submit the Financial Report (FDEM Form 1 & 2)within 30 days of the end of the first Federal quarter covering the grant period of performance. The recipient shall submit quarterly reports thereafter until the grant ends and final payment is received. Reports are due on January 31, April 30, July 31 and October 30. A report must be submitted for every quarter of the period of performance, including partial calendar quarters, as well as for periods where no grant activity occurs. Future reimbursement requests may be withheld if these reports are �... delinquent. The Close-Out Report (FDEM Form 5) is due within sixty(60) days after the end date of the performance period. Article III—Summary Description of Project The FY 2011 Homeland Security Grant Program (HSGP) funding shall be used for costs related to preparedness activities associated with implementing the State Homeland Security Strategy, any respective Urban Area Security Strategies, and the investments identified during the application period. The HSGP consists of the State Homeland Security Program (SHSP), the Urban Area Security Initiative (UASI), the Citizen Corps Program (CCP), the Metropolitan Medical Response System (MMRS)program, and Operation Stonegarden (OPSG). Together, these programs provide an integrated mechanism to enhance the coordination of National Priority efforts to prevent, respond to, and recover from terrorist attacks, major disasters and other emergencies. Article IV—National Environmental Policy Act(NEPA) The recipient shall comply with all applicable Federal, State, and local environment and historic preservation (EHP) requirements and shall provide any information requested by FEMA to ensure compliance with applicable laws including: National Environmental Policy Act, National Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains 31 138 (11988), Wetlands (11990)and Environmental Justice (12898). Failure of the recipient to meet 'VANw Federal,State, and local EHP requirements and obtain applicable permits may jeopardize Federal funding. 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 communication towers, physical security enhancements, new construction, and modifications to buildings that are 50 years old or greater. 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 prior to the full EHP review could result in a non-compliance finding. For your convenience, here is the screening form link: (The Screening Form is available at: (www.fema.p,ov/doe/government/.rant/bulletins/info329 final screening memo.doc). For these types of projects, grantees must complete the FEMA EHP Screening Form (OMB Number 1660- 0115/FEMA Form 024-0-01) and submit it, will all supporting documentation, to their respective FDEM grant manager for review. Grantees should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving their grant award. Article V- Specific Acknowledgements and Assurances All recipients of financial assistance must acknowledge and agree and require any sub-recipients, contractors, successors, transferees, and assignees acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance review or complaint investigation conducted by Florida Division of Emergency Management and Department of Homeland Security. 2. Recipients must give Florida Division of Emergency Management and Department of Homeland Security access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or programs guidance. 3. Recipients must submit timely, complete, and accurate reports to Florida Division of Emergency Management and maintain appropriate back up documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed program guidance. 5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to Florida 32 Nftw 139 Division of Emergency Management and the DHS Office of Civil Rights and •`r. Civil Liberties. - 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the compliant and findings to Florida Division of Emergency Management which will then be forwarded to DHS Component. The United States has the right to seek judicial enforcement of these obligations. Article VI-Lobbying Prohibitions None of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt 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 any Federal action concerning the award or renewal of any Federal contract, grant, loan, cooperative agreement. These lobbying prohibitions can be found at 31 U.S. C. 1352. Article VII- Acknowledge of Federal Funding from DHS The recipient agrees that all allocations and use of funds under this grant will be in accordance with the FY 2012 Homeland Security Grant Program (HSGP) guidance and application kit. Also �- recipients will comply to acknowledge Federal funding when issuing statements, press releases, request for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Article VIII-Copyright Recipients will comply with requirements that publications or other exercise copyright for any work first produced under Federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). For any scientific, technical, or other copyright work based on or containing first data produces under this award, including those works published in academic, technical or professional journals, symposia proceedings, or similar works, the recipient grants the Government a royalty-free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works and to authorize others to do so, for Government purposes in all such copyrighted works. The recipient shall affix the applicable copyright notices of 17 U.S.C. 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under an award. 33 140 Article IX—Use of DHS Seal, Logo and Flags Recipients must obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likeness of Coast Guard officials. Article X—Activities Conducted Abroad Recipients will comply with requirements that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and those appropriate licenses, permits, or approvals are obtained. Article XI—Fly America Act of 1974 Recipients will comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. 41102) for international air transportation of people and properly to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) and the interpretative guidelines issued by the Comptroller General of the united States in the March 31, 1981, amendment to Comptroller General Decision B138942. Article XII— GPD —Drug-Free Workplace Regulations .► Recipients will comply with the requirements of the Drug-Free Workplace Act of 1988 (41 U.S.0 707 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. The recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statue. Failure to comply with these requirements may be cause for debarment. These regulations are codified at 2 CFR 3001. Article XIII—Trafficking Victims Protection Act of 2000 Recipients will comply with requirements of the government-wide term which implements Section 106(g)of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim in Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with the statutory requirement, in each agency award under which the funding is provided to a private entity, Section 106(g) of the TVPA, as amended, required the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the recipient or a sub-recipient—(a) Engages in severe forms of trafficking in persons during the period of time that the award is in effect; (b) Procures a commercial sex act during the period of time the award is in effect; or(c) Uses forced labor in the performance of the award or sub-awards under the award. Full text of the award term is provided at 2 CFR 175.15. 34 141 in the United States will, solely by reason of the handicap, be excluded from participation in, be r... denied the benefits of,.or be subjected to the discrimination.under any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or services as well as to employment. Article XX—Limited English Proficiency Recipients will comply with the requirements of Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin and resulting agency guidance, national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with title VI, recipients must take reasonable steps to ensure that LEP persons have meaningful access to your programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Recipients are encouraged to consider the need for language services for LEP persons served or encounters both in developing budgets and in conducting programs and activities. For assistance and information regarding LEP obligations, go to http://www.lep.gov. Article XXI—Animal Welfare Act of 1966 Recipients will comply with the requirements of the Animal Welfare Act, as amended (7 U.S.C. 2131 et seq.), which requires that minimum standards of care and treatment be provided for vertebrate animals bred for commercial sale, used in research, transported for commercial sale, or exhibited t the public. Recipients must establish appropriate policies and procedures for the humane care and use of animals based on the Guide for the Care and Use of Laboratory Animals and comply with the Public Health Service Policy and Government Principles Regarding the Care and Use of Animals. Article XXII—Clean Air Act of 1970 and Clean Air Act of 1977 Recipients will comply with the requirements of 42 U.S.C. 7401 et seq. and Executive Order 11738, which provides for the protection and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintain the chemical, physical, and biological integrity of the nation's waters is considered research for other purposes. Article XXIII—Protection of Human Subjects Recipients will comply with requirements of the Federal regulations at 45 CFR Part 46, which requires recipients to comply with the applicable provisions/law for protection of human subjects for purposes of research. Recipients must also comply with the requirements of DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 45 CFR Part 46, research means a systematic investigation, including research, development, testing, and evaluation, designed to develop or contribute to general knowledge. Activities that meet this definition constitutes research for purposes of this policy, whether or not they are conducted or supported under a program that is 36 143 considered research for other purposes. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B): prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable state and local law and is not directly regulated by 45 CFR Part 46. Article XXIV—National Flood Insurance Act of 1968 Recipients will comply with the requirements of Section 1306(c) of the National Flood Insurance Act, as amended, which provided for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate State or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waved exceeding anticipated cyclical levels. These regulations are codified at 44 CFR Part 663. Article XXV—Flood Disaster Protection Act of 1973 Recipients will comply with the requirements of the Flood Disaster Act of 1973, as amended (42 U.S.C. 4001 et seq.), which provides that no Federal financial assistance to acquire, modernize, or construct property may be provided in identified flood-prone communities in the United Stated, unless the community participates in the National Flood Insurance Program and flood insurance is purchases within one year of the identification. The flood insurance purchase requirement applies to both public and private applicants for DHS support. Lists of flood prone areas that are eligible for flood insurance are published in the Federal Registry by FEMA. Article XXVI— Coastal Wetlands Planning, Protection, and Restoration Act of 1990 Recipients will comply with the requirements of Executive Order 1190, which provides that federally funded construction and improvements minimize the destruction, loss or degradation of wetlands. The Executive Order provides that, in furtherance of Section 101(b) (3) of NEPA (42 U.S.C. 4331(b) (3)), Federal agencies, to the extent permitted by law, must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds that there is no practicable alternative to such construction, and that the proposed action includes all practicable measures to minimize harm to wetlands that may result from such use. In making this finding, the head of the agency may take into account economic, environmental, and other pertinent factors. The public disclosure requirement described above also pertains to early public review of any plans or proposals for new construction in wetlands. This is codified at 44CFR Part 9. Article XXVII—USA Patriot Act of 2001 Recipients will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. 175-175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is 37 144 not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or receive any biological agent or toxin that is listed as a select agent. loop 38 145 Attachment C JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: Indicate by checking one of the boxes below if you are requesting an advance. If an advance payment is requested, budget data on which the request is based must be submitted.Any advance payment under this Agreement is subject to s.216.181(16),Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the Recipient within the initial three months of the Agreement. [ j NO ADVANCE REQUESTED [ ] ADVANCE REQUESTED Advance payment of$ is requested. Balance of No advance payment is requested. Payment payments will be made on a reimbursement basis. These funds will be solely on a reimbursement basis. No are needed to pay siaf£ award benefits to clients,duplicate additional information is required. forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. ADVANCE REQUEST WORKSHEET If you are requesting an advance,complete the following worksheet �..r (A) (B) (C) (D) DESCRIPTION FFY 20_ FFY 20_ FFY 20_ Total 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES' 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 by line 1.) ' First three months expenditures need only be provided for the years in which you requested an advance. If you do not have this information,call your consultant and they will assist you. MAXIMUM ADVANCE ALLOWED CALULATION: X $ _ Cell D3 DEM Award MAXIMUM (Do not include any match) ADVANCE 39 146 REQUEST FOR WAIVER OF CALCULATED MAXIMUM Recipient has no previous DEM/DCA contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. ESTIMATED EXPENSES BUDGET CATEGORY 20 -20 Anticipated Expenditures for First Three Months of Contract ADMINISTRATIVE COSTS (Include Secondary Administration.) PROGRAM EXPENSES TOTAL EXPENSES Explanation of Circumstances: 40 147 Attachment D Warranties and Representations Financial Manazement 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 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. 41 148 Code 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 8 :30 AM to 5 : 00 PM Monday thrU Friday except Holidays . Licensing and Permitting IWAW 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. 42 149 Attachment E Certification Regarding Debarment,Suspension,Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (l) 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 City, State,Zip Date 43 150 Attachment F 'rr.r 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. i,.. 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 insure 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-I 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. 44 151 10.It will comply,and assure the compliance of all its sub grantees 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 1I 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 45 152 1 Attachment G 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 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 E (found within Agreement with FDEM) been completed for this consultant and included in the reimbursement package? Salary Positions(Note: this applies to positions billed under M&A and Organization as well) ❑ 1. Have the following been provided: signed time sheet by employee and supervisor and proof that employee was paid for time worked (statement of earnings, copy of payroll check or payroll register)? Has a time period summary sheet been included for total claimed amount? ❑ 2. Does the back-up documentation provided match the time period for which reimbursement is being requested? Training 46 153 ❑ 1. Is the course DHS approved? Is there a course or catalog number? If not, has law 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 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 47 154 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). TraveUCon ferences ❑ 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 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). Organization ❑ 1. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee names, department, # of hours spent at EOC, 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? 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 Forms 3, 4a, 4b and 4c 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 Form 3 match the totals on Forms 4a, 4b and 40 ❑ 4. Has Form 3 been signed by the Grant Manager? ❑ 5. Has the reimbursement package been entered into sub grantee's records/spreadsheet? ❑ 6. Have the quantity and unit cost been notated on Form 4b? 48 155 Consent 1/15/13 ,v Office of INDIAN RIVER COUNTY ATTORNEY Alan S.Polackwich,Sr.,County Attorney William K.DeBraal,Deputy County Attorney Brooke W.Odom,Assistant County Attorney To: Board of County Commissioners From: 4swilliarn K. DeBraal, Deputy County Attorney Through: Alan S. Polackwich, Sr., County At o�rner Date: January 7, 2013 Subject: Conveyance of Perpetual Easement to Florida Department of Transportation for new U.S. 1 South County Bridge The Florida Department of Transportation (FDOT) is in the process of planning and designing a new bridge on south U.S. 1 at the County line. The new bridge will still span the railroad tracks and Old Dixie Highway but the design will add a third lane to provide for a safer bridge. In order to accommodate the new wider bridge, a new easement is needed to account for the pilings to support the bridge and the aerial portion of bridge which will be permanently located above the ground. The attached perpetual easement is submitted to the Board for consideration and approval. The attached resolution is required by FDOT to memorialize the Board's approval of the easement. Funding: There is no funding impact as a result of this easement. Recommendation: Staff recommends the Board approve the perpetual easement in favor of FDOT and authorize the Chairman to execute the easement and the resolution on behalf of the Board. c: Chris Poisson, FDOT ilndianitiverCo. A ved Date t+r"u'1cr.D FC_i'R J _ Admin. J 10 M �TAG£INDA Co.Attp. f Budget11 1 �GOUT`!T_ 'ATTORNEY' Dept.Dept. I-9!- Risk —Risk Mgr. -- 156 RESOLUTION NO.2013- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, r.w WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AUTHORIZING THE CHAIRMAN'S EXECUTION OF A PERPETUAL EASEMENT FOR CONSTRUCTION OF A BRIDGE OVER OLD DIXIE HIGHWAY AND THE RAILROAD TRACKS ALONG US HIGHWAY 1 AT THE SOUTH COUNTY LINE. WHEREAS, the construction of the bridge over Old Dixie Highway and the railroad tracks along US Highway 1 at the South County line is part of a Florida Department of Transportation project to widen and improve State Road No. 5 (US Highway 1); and WHEREAS, the Florida Department of Transportation (FDOT) is planning, designing and constructing the bridge and roadway improvement project; and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County to execute and deliver to the State of Florida, Department of Transportation, a Perpetual Easement for the aforementioned project; NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, a Perpetual Easement for the aforementioned project. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and, upon being put to a w. vote, the vote was as follows: Chairman Joseph E. Flescher Vice-Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared the resolution passed and adopted this day of . 2013. Attest: Jeffrey R. Smith, Clerk BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: BY Deputy Clerk Joseph E. Flescher, Chairman /J�' yff r . i` County Attorney Approved as to Form and Legal Sufficiency F:\Attomey1Bi11\Resolutions\FDOT Resolution Us!bridge easement.doc 157 07-PE.11-06/93 This instrument prepared Parcel NO-. 806.1 under the direction of r Item/Segment No. 2285832 Laurice C. Mayes, Esq 11 - � Section 88030-2503 Sketch. & Legal Description Managing District: 04 prepared by':: S.R. No: 5 (.U.S. 1) Louis Cefolia,: P.S:M. (T1-02-12). Comity: Indian River Document prepared by: Grace K. Abel (11705-12) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 3:33.09 PERPETUAL:-EASEMENT THIS EASEMENT made. this day of 201 , by INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of. Florida; whose address .is 18.01 271street:, Vero Beach; Florida 3296.0., grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, its successors> and assigns, grantee. WITNESSETH: Thatthe grantor for and in consideration of the sum Of One Dollar and other valuable considerations paid, the receipt and r..- sufficiency of. which is hereby acknowledged, hereby grants unto. the grantee, its successors and. assigns, a. perpetual easement for right of way purposes, together with the right to; enter upon .said property .and construct and maintain the bridge for State Road 5 (U.S. 1) .in, over, under, upon and through the following d'es'cribed land in Iridian River County, Florida., viz: (Seeattached Exhibit "A") TO HAVE AND TO HOLD the same unto sad .grantee, its successors and assigns forever. IN WITNESS WHEREOF.;, the said grantor has caused these presents to be executed in its name by its Board of County commissioners acting by the Chairman or Vice-Chairman of said Board, theday and year aforesaid.. 158 ATTEST; INDIAN RIVER COUNTY, FLORIDA By Its Board of County Print Name:: Commissioners Clerk (or Deputy Clerk) By: Print Name: Chairman APPROVED .AS TO FORM AND LEGAL SUFFICIENCY By�j�i,�J_..�. 1Y� -� (_r; County �ttorriey [° STATE OF FLORIDA COUNTY, OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of 201 by Chairman, who is personally known to- me or who has produced as identification. Print Name: _ Notary Public in and for the County and .Sta:te last aforesaid. My Commission Expires-- Serial No., if any: 159 EXHIBIT "A" RGE. 3.9 EAST ROE. 4.0 EAST ti OSLpp: �. •: Cv PARf =i, �5 OSLO CRAWFO . PT; - 1 Ht 1D 2.5 .` 30T INDIAN RIVER_• VERO BEACH ..:VERO E7 - H HIGHLANDS I 2'9_' ..TO FORT PIERCE ;: t19 AQUATIC SHORES PRf SFRVE 3 th 36 RQL'NI�S } AROUND INDIAN RIVER COUNTY 5T• LUCI.E COUNTY PARCEL LOC.AT`ION LOCATION MA:P .: 1" t MILE GENERAL NOTES SCALE O BEARINGS SHOWN HEREON ARE BASED ON THE. BASELINE OF SURVEY OF THE RIGHT OF WAY MAP FOR STATE ROAD5. (U..S.. I ), SECTION NO. 88010.-2'503, SHEET 3 OF 7 . BETWEEN STA. 10.69.53 AND STA, 15*00:00 BASELINE BEARING N 27°07'37" E. 2') STATIONS AND OFTSETS ARE RELATIVE TO: THE BASELINE OF SURVEY UNLESS OTHERWISE NOTED.. 3) ALL DIMENSIONS ARE CAL,CU.L.ATED UNLESS OTHERWISE NOTED. `► 4 ) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCRIPTION TO WHICH IT I.S ATTACHED. 5) PERPETUAL EASEMENT AREA OF PARCEL 806 = 903 S.F. OWNER.: INDIAN RIVER COUNTY LEGEND = BASELINE NO. - NUMBER = CENTERLLNE CONSTRUCTION PGL - PROFILE GRADE LINE C.R. • COUNTY ROAD P,.O.B. • POINT OF BEGINNING (.E) FASTING P.O-C: - POINT OF COMMENCEMENT EXIST. = EM STING P.O.T. - POINT ON TANGENT F.D.O.T. • FLORIDA DEPARTMENT OF RGE. RANGE TR:ANS.P:QRTATI:ON R/R RAILROAD F.E.C. : FLORIDA EAST :COAST RAILWAY R/W RIGHT OF WAY F.P. • FINANCI.AL PROJECT SEC. SECTION HOR. • HORI2ONTAL S.R. STATE ROAD LT. • LEFT STA. STATION (N) • NORTHING TWP. TOWNSHIP STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT 4 - RIGHT OF WAY MAPPING 3.400 WEST COMMERCIAL BOULEVARD 71MS:22B5832RWMA RWPS806.DGN. 'FT. LAUDERDALE, FLORIDA 33309 FLORIDA DEPARTMENT OF TRANSPORTATION PARCEL SKETCH NOT .A SURVEY STATE ROAD NO:::S (U,S.I) INDIAN RIVER COUNTY BY DATE ME VAREO BY: DATA SOURCE: _-.- .F.D.O,T.MSTRICT 4 1004328,EF8175433ARC,1000943 DRAWN SANCFIE2 10-1b-12 _._ //��'� aEhslo"- ev DATE -CNECKED cEFaua 1a1e-1z: F.P. NO, 228583,2 SECTION.88010-2503 SHEET 1 OF 3 V O f Cfl e— 6 EXHIBIT "A" P.O..C. INDIAN RIVER COUNTY RGF' may. 5, 1G4 CDR.SEC.31-3.3-40 33 g. SET 5/8 I.R.W/FOOT CAP F 1 I A 'i� CREAGE oti IN CONCRETE off. (N)•I, 172,315:826 �. g�• 6 °�� ( O v� P O,T..: STA,560-02..62 S� °a 4 61 o� (E)•859,I29::032 Q.SURVEY S.R.7.13• SGP�E 10 ST. LUCI-E COUNTY2 s i1\ a. STA 11'9::1+30.85, 25.70' LT; y o \�; SURVEY S.R.5 Q' o (N) I,172..293'•:876; x 1 19 14_00 7:3 �O'p0 c nG t? s (E)�860.,602.883 26.. �( 'i:7'LT .1376 79.. 0° ,L ' . 89 16 f1.91 13 2.6,'I00:00"L14100 LT T �� __ _ N 27'01'37" E 371.43' S.42:429'AI " W � �p SURVEY S.R-5 N 8949 26" W — EXIST. R/W LINE ' ----- ----- _ 1.9.97 EXIST...R/W. LINE3:.. P 4.0w:8.. 62.14' _5.27907�37.. K' 1191*13..29.98,49'LT B. SURVEY S.R.S \ P.O.T.STA. 119143,45 X06 Fps FD• 3" x 3 C:M: \a SURVEY :S.R:5: SURVEY S.R.113 (K l.NGS HWY ) a (E1 860.6'40.624 557 555 5 559 5613: 56 553 55 11 552 5 1 C� COtISTRUCTI:ON... N 22 :,2,9 39" ,E ,N�'�` " v N .,271O7 32,20 e. PF P Pw Q• G' v L3 SURVEY S.R.5 (U.S.HWY. I ) N 27"07'3'7:: E 12 13 �� 4' I4 F`,.GOP �� 15 SURVEY S.R.5 (U.S,HWY.1 ) PT STA. 1]91 25 0 o C 820 A 1 1 +22.66, i 5 .h�E) 860625940 �o�O IS.OtJ.' a 85.42'R1' n 59.00'RTP F�eAO S 63'09'15'? E FD. 3/4I.P. EX:L:ST.R/.W.LINE:, EXL,ST 240.93 R/W LINE. \ u �6:i� N 27°07'37" E o EQUATION: 1430.75 P.O.T.STA 'I191-63 45 SK-. � ACREAGE I I -20 30 59:.00'RT O.T..STA,I0+69:53 .AM � $ SURVEY 5.R 5 . 85 00 RT / ` `' 2 EXIST:R/W LiNE I1 22:•54 85..:42 RT O - (N)rl I , 04 ' 08 4 .C, �' 27'61' _ y (E-)=86'0,6,54.007 FD.. 3,/4 I.P. . ly. N 37" .E -� TIMSt'22858321tiLVMA RWPS806.DGN FLORIDA DEPARTMENT OF TRANSPORTATION STATE ROAD NO.s (U.SJ). INDIAN RIVER COUNTY By D Te PREPAR60 BY:: DATA:500RCE: P.DiO:T.DMTR1Cf 4: 1004328:EF8115433.ARC.1000943 PARCEL SKETCH - .NOT .A SURVEY DRAWN SANCHEZ 10-16-12 AVISIDN BY DATE CHECKED CEFOUA 10.1812 FP.. NO. 226583-2 SECTION 88010-2503 SHEET 2 OF 3 EXHIBIT "A." PARCEL NO, 9.06. PERPETUAL EASEMENT A PORTION OF SECTION 31, TOWNSHIP 33 SOUTH, RANGE 40 EAST IN INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: COMMENCE AT THE SOUTH 114 (ONE-QUARTER) CORNER OF SAID SECTION 31; THENCE SOUTH 89'49'26" EAST ALONG THE SOUTH LINE OF SAID SECTION 31, ALSO BEING THE SOUTH LINE OF TOWNSHIP 33 SOUTH,.A DISTANCE'OF 1,370.25 FEET TO A POINT ON THE WESTERLY EXISTING RIGHT OF WAY.LINE OF STATE ROAD 5 (.U.S. 1); THENCE ' NORTH 27°07'37" :EAST ALONG.SAID:WESTERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 371.43 FEET TO A POINT ON THE WESTERLY EXISTING RIGHT OF WAY LINE OF COUNTY ROAD 605 (OLD DIXIE HIGHWAY).AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 27607'37" EAST ALONG SAID WESTERLY EXISTING. RIGHT OF WAY LINE OF STATE ROAD S (U.S. 11, .A DISTANCE OF 82.14 FEET TO A POINT ON THE EASTERLY EXISTING RIGHT OF WAY UNE OF SAID COUNTY ROAD 605 (OLD DIXIE HIGHWAY); THENCE NORTH 19°48'06" WEST ALONG SAID EASTERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 19.97 FEET; THENCE SOUTH 226129'41" WEST, A'DISTANCE OF 89.16 FEET TO A POINT ON THE WESTERLY EXISTING RIGHT OF WAY LINE OF SAID COUNTY ROAD 605 (OLD DIXIE. HIGHWAY); THENCE:SOUTH 19°.48':06" EAST ALONG SAID WESTERLY EXISTING RIGHT OF WAY LINE, A DISTANCE OF 10.12 FEET TO THE.POINT OE BEGINNING. CONTAINING 903 SQUARE FEET, MORE OR LESS. a► I HEREBY CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION.WAS. PREPARED UNDER MY DIRECTION AND:THAT IT IS IN-COMPLIANCE WITH.THE MINIMUM TECHNICAL STANDARDS AS SET FORTH' BY THE FI ORIDA.BOARD OF PROFESSIONAL SURVEYORS `& MAPPERS, IN CHAPTER 51-17.050-052 FLORIDA ADMINLSIRATIVE LODE.PURSUANT TO SECTION 472:027, FLORIDA STATUTES: 1/02/12 JEFF 'EY. - DATE FLOR A S R €YOR. & MAPPER:NO. 4805: FLORIDA DEPARTMENT OF TRANSPORTATION NOT VALID UNLESS SIGNED.AND. SEALED. 1TMS:..2285832\R W PS806.D G N FLORIDA DEPARTMENT OF TRANSPORTATION PARCEL SKETCH NOT A SURVEY STATE ROAD N0, 5 INDIAN RIVER COUNTY BY �DAATWEPREPARED$Y: DATA SOURCE:D.OT:DISTRICT4 1004328;EF8115433.ARC;lODD943 DRAWN SMCHEZ 1A /'� /'�AEVISIDN 8Y DATE CHECKED- CEFOCTA lF.P. NO. 228583-2 SECTION 88010-250 SHEET 3 OF 3 I v„L 1061- 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: Jose Lambiet ADDRESS: 1430 Treasure Cove Lane PHONE: 772-231-4868 SUBJECT MATTER FOR DISCUSSION: Gun Shows at the Fair Ground IS A PRESENTATION PLANNED? YES NO IS BACK-UP BEING PROVIDED YES NO IS THIS AN APPEAL OF A DECISION YES X NO WHAT RESOLUTION ARE YOU Ban gun shows on Indian River County owned property REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? a YES NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form COUNTY ADMINISTRATOR: E-Mail Joseph A. Bair Fax Mail MEETING DATE: Q Hand Delivered Phone ot 163 1n 6a. 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 y.r. 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: Robert L. Smith ADDRESS: 2451 N.Seacrest Blvd., Boynton Beach, Fl 33435 PHONE: 561-880-7094 SUBJECT MATTER FOR DISCUSSION: 4380 38`x' Avenue, Building Formerly Known As Greenleaf Bar 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 Initiate a change to the non-conformities regulations to eliminate the REQUESTING OF THE COMMISSION? one year cessation of use rule for property(re-establish grandfathered-in status) 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 COUNTY ADMINISTRATOR: E-Mail oc `,16sepg A. Baird Fax Mail MEETING DATE: Hand Delivered Phone Document2 Board Approved 11/7/06 164 1/15/2013 IoaZ ". 45T "LtARY7N R XlNG$LVD) _ 44 i n n �Lrta,£R- v 4 as �Pi �- �s 87 �= � ¢1 TH ST��' p�. .x r 1'. T r y � w t q .M11.ZfJ r �' PI d3THY�'(?r1ART1N R KING 81VDJ sn o - �s•1TH, L 44Th1 F'l S y �^�MTfi 6T X T4#S RM- 0 E "x�zsoxr000a o hz {{ ri � T x f. i 1/15/2013 s- � L Y R �1�" , ��0�. 2 1 0.3.L INDIAN RIVER COUNTY,FLORIDA AGENDA ITEM DATE: JANUARY 4,2013 TO: JOSEPH A.BAIRD,COUNTY ADMINISTRATOR FROM: VINCENT BURKE,DIRECTOR OF UTILITY SERVICES SUBJECT: DELAY RECLAIMED WATER RATE INCREASE BY ONE YEAR BACKGROUND AND ANALSYS: On December 18, 2012 the Board of County Commissioners approved staff's recommendation to present an amendment to Rate Resolution 2010-014 to delay the reclaimed water rate increase by one year from the currently scheduled increases. The current reclaimed rate in effect is $.67 per thousand gallons. Under the current rate schedule, the reclaimed rate is set to increase to $.74 per thousand gallons on January 1,2013,to $.81 on January 1, 2014, and to $.88 on January 1, 2015. The customers of the reclaimed division consist primarily of area golf courses. These customers, like many other local businesses,have been drastically affected by the current lag in our economy. The reclaimed water distribution system is incorporated into the Wastewater Plant division. The division is currently covering expenses with the existing rate, and since this source of revenue is minimal for the division, staff believes that operating expenses can continue to be covered under the existing rate of$.67 per thousand. RECOMMENDATION Staff recommends adopting the attached rate resolution. The resolution would maintain the existing reclaimed water rate of$.67 per thousand gallons through December 31, 2013. On January 1, 2014 the rate would be increased to $.74 per thousand gallons, then on January 1, 2015 to $.81 per thousand gallons and finally, on January 1, 2016 to $.88 per thousand gallons. 165 FUNDING: Funds to cover the costs of the reclaimed system are part of the operating budget. Operating funds are derived from water and sewer sales. Staff does not expect any budget shortfalls as a result of delaying the scheduled rate increase for one year. ATTACHMENT: Resolution 2013- BY /7 1 Q Jo h A.t'�r C my Administrator U FOR Indian Date River Co. Approved Date Admin Legal_ Budget �2 Det g t� Dept. 1—$-\ 'law 166 RESOLUTION NO. 2013- ,,am A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE DEPARTMENT OF UTILITY SERVICES' SCHEDULE OF WATER AND SEWER RATES, FEES AND OTHER CHARGES, BY AMENDING THE START DATE OF VARIOUS INCREASES TO THE RECLAIMED WATER RATE WHEREAS, section 102.10 of the Code of Indian River County provides that rates, fees and charges adopted by the Board of County Commissioners may be adopted by resolution, to the extent permitted by law; and WHEREAS, the Board has previously adopted by resolution certain rates, fees and charges for services provided by the Department of Utility Services, as set forth in the Schedule of Water and Sewer Rates,Fees and Other Charges, as amended from time to time("Schedule"); and WHEREAS, the Board desires to further amend the schedule, as set forth herein NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: 1. Findings. The above "whereas clauses: are adopted as the findings of the Board, and are incorporated herein. 2. Amendment to Schedule of Rates, Fees and Charges. The Board hereby amends the Department of Utility Services' Schedule of Water and Sewer Rates, Fees and Other Charges, by establishing the following rates, fees and other charges Reclaimed Water—Per 1,000 Gallons Effective January 1, 2014 $0.74 Effective January 1, 2015 $0.81 Effective January 1, 2016 $0.88 3. Rates, Fees and Other Charges Not Amended to Remain in Full Force and Effect. In all other respects, the Department of Utility Services' Schedule of Water and Sewer Rates, Fees and Other Charges shall remain in full force and effect. F.1Utiliti,,lCTILTn'-FkfPLO)'EE FOLDERSICind,Carrent,Ugendo,Resol,fion Utility-Redaimed ffater.lao 2013 proofed by legal.do. 1 167 RESOLUTION NO. 2013- The foregoing 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 Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared the resolution duly passed and adopted this day of ) 2013. ATTEST: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS and Comptroller OF INDIAN RIVER COUNTY, FLORIDA By: By: Deputy Clerk Joseph E. Flescher, Chairman Approved as to form and legal sufficiency. By: Alan S�Pckwich, Sr., County Attorney * Need to insert the number for the sewer rate that was done in November F.WufiOcs%UT7LM'•EMPLOYEE FOLDERS10dy Corren Ug-daslResWi-Uiliry-Reclaimed Ww-J 2013pr—fMbykgd.d- 2 168 INDIAN RIVER COUNTY i h - S Y.. DEPARTMENT OF UTILITY SERVICES SCHEDULE OF WATER AND SEWER RATES, FEES AND OTHER CHARGES as adopted by RATE RESOLUTION 99 - - 58 EFFECTIVE OCTOBER 1, 1999 AMENDED BY RATE RESOLUTION 2008 - - 013 FEBRUARY 12, 2008 and AMENDED AUGUST 18, 2009 BY RATE RESOLUTION 2009 - - 012 AMENDED MARCH 2, 2010 BY RATE RESOLUTION 2010 - - 014 AMENDED JUNE 159 2010 BY RATE RESOLUTION 2010-015 AMENDED NOVEMBER 20, 2012 BY RATE RESOLUTION 2012 - - 042 169 SCHEDULE OF WATER AND SEWER RATES FEES AND OTHER CHARGES INDIAN RIVER COUNTY FLORIDA Water Billing Charge—Per Account $1.29 Service Availability Charge[formerly known as Base Facility Charge] Where lines are available— Sngle-Family(per ERU) 7.76 Manufactured Home 0.85 (per ERU) $6.60 Multi-Famil 0.85 $6.60 y (per ERU) $6.60 Cbmmercial (per ERU) $7.76 Service Availability Charge[formerly known as Base Facility Charge] Opacity is Reserved But Where Lines Are Not Available- 9ngle-Family(per ERU) Manufactured Home 0.85 $3 (per ERU) $3..3030 Multi-Family 0.85(per ERU) Commercial(per ERU) $3.30 $3.88 0—3,000 Gallons Per Month Per Cbnnection—per 1,000 Gallons $2.20 �,. 3,001-7,000 Gallons per Month Per Connection—Per 1,000 Gallons $2.42 Over 7,000 Gallons Per Month Per Connect ion—per 1,000 Gallons $3.85 Greater than 13,000 Gallons Per Month Per Connection—Per 1,000 Gallons $7.70 Sewer Billing Charge—Per Account $1.29 S�rvice Availability Charge[formerly known as Base Facility Charge] Where lines are available— 9ngle-Family(per ERU) $14.58 Manufactured Home 0.85(per ERU) Multi-Family0.85 $12.40 (per ERU) $12.40 Cbmmercial (per ERU) $14.58 Sorvice Availability Charge[formerly known as Base Facility Charge] Capacity is Reserved But Where Lines Are Not Available- 9ngle-Family(per ERU) Manufactured Home 0.85 $7.29 (per ERU) $6.20 Multi-Family 0.85(per ERU) Cbmmercial $6.20 ,,,�,, (per ERU) $7.29 170 Volume Charge Per 1,000 Gallons— 12,000 Gallons Per Month Maximum for: Single-Family & Manufactured Homes (Individual Meters), 0 to 12,000 Gallons (Billed Water Flow) Per 1,000 Gallons $2.86 Volume Charge Multi-Family Master-Metered&Commercial: 0 to 13,000 Gallons(Billed Water Row)Per 1,000 Gallons $2.86 Above 13,000 Gallons(Billed Water Row)Per 1,000 Gallons $4.29 Volume Charge for Mobile Home or Manufactured Home: $8.58 To be used only for sewer only accounts already established as of January 1, 2013 and new accounts after January 1, 2013 only if County water is unavailable Volume Charge for Single Family Homes under 3500 square feet: $20.02 To be used only for sewer only accounts already established as of January 1, 2013 and new accounts after January 1, 2013 only if County water is unavailable Volume Charge for Single Family Homes over 3500 square feet: $34.32 To be used only for sewer only accounts already established as of January 1, 2013 and new accounts after January 1, 2013 only if County water is unavailable Bulk Water Billing Charge—Per Account Per Month $1.29 Service Availability Charge[formerly known as Base Facility Charge]Where '"•' Line are Available —Per ERU $6.19 Service Availability Charge[formerly known as Base Facility Charge] Where Capacity is Reserved But Lines are not Available —Per ERU $3.10 Volume Charge—Per 1,000 Gallons Water Meter Basis $2.63 Excess Volume Surcharge—Greater than 7,600 Gallons Per M onth—Per ERU* $4.45 *Surcharge for Bulk users will apply to flow exceeding total capacity Reserved by bulk user in all meters Bulk Sewer Billing Charge—Per Account Per Month $1.29 Service Availability Charge[formerly known as Base Facility Charge]Where Lines are Available—Per ERU $13.41 Service Availability Charge[formerly known as Base Facility Charge] Where Capacity is Reserved But Lines are not Available —Per ERU $6.71 Volume Charge—Per 1,000 Gallons Water Meter Basis $2.63 Volume Charge—Per 1.000 Gallons Sewer Meter Basis $2.98 Excess Volume Surcharge—treater than 7,600 Gallons Per Month—Per ERU* $4.45 *Surcharge for Bulk users will apply to flow exceeding total capacity Reserved by bull k user i n a I I met ers Excess Sawage arength Charge Sewage Charge X Natio of Total Dissolved SDlids or Biochemical Oxygen Demand in Milligrams Per Liter/250 171 RESOLUTION 201$ - Reclaimed Water—Per 1.000 Gallons Effective January 1, 2011 $0.60 Effective January 1, 2012 $0.67 Effective January 1, 2014 $0.74 Effective January 1, 2015 $0.81 Effective January 1, 2016 $0.88 Sludoe andtg_ag Rae tes N Charge Per 1,000 Gallons(a) $30.82 Charge Per Wet Ton(b) $7.51 One Time Dump Feefor 1`1ecreational Vehide(s)—Per Dump $10.00 (a) Recommended rates assume domestic sludge with solids concentration of between.5 and 2.0 percent. (b) Costs incurred by County to sample, monitor and/or test wastes to verify solids concentrations,metals, content,etc.,or additional costs incurred to handle or dispose of wasteswith high metal concentrations or other non-domestic waste characteristics should be recovered from the users discharging the wastes in addition to the above charges based on formula's available in the Department of Utility Services. IMPACT FEE Rformerly known as CAPACITY CHARGE] Water—Per ERU Water Treatment $ 320.00 Water Transmission $ 980.00 Total $1,300.00 Sewer—per ERU Wastewater Treatment $2,087.00 Wastewater Transmission $ 709.00 Total $2,796.00 Line Extension Charges Main Extension—Water Per foot measured along front of property served $11.25 Main Extension—Sewer and Sewer Laterals Per foot measured along front of property served $15.77 (Note: Charge doubles if service available on one side only, minimum of 50-feet per ERU,maximum of 100-feet per ERU) Other Charges Deposits—Required upon Opening,transferring or Reconnecting Service Fesidential and Commercial—Per ERU $50.00 Hydrant Meter $345.00 172 Charge for Returned Check As per Florida Statue Section 832.08 Issuance of Duplicate Bill $1.50 Meter Replacement 5/8 Inch $100.00 1 Inch $125.00 1-1/2 Inch $300.00 2 Inch or Larger Cost Plus Overhead Meter Removal 5/8 Inch $30.00 1 Inch $30.00 1-1/2 Inch or Larger $40.00 Water Service Connection 5/8 Inch Meter $400.00 1 Inch Meter $460.00 1-1/2 inch Meter $810.00 Larger than 1-1/2 Inch Meter Cost Plus Overhead Sewer Service Connection lbsident i al $500.00 Obmmercial and Other Cost Plus Overhead Paved Road Cuts Cost Plus Overhead Road,tacking and Boring ($200 minimum) Cost Plus Overhead Grass Fbstoration ($200 minimum) Cost Plus Overhead Unauthorized use of Fre Hydrants $115.00 Other and Extraordinary SBrvioes Cost Plus Overhead 173 Meter Installation 5/8 Inch Meter $130.00 1 Inch Meter $250.00 1-1/2 Inch Meter $500.00 2 Inch Meter Cost Plus Overhead 3 Inch Meter Cost Plus Overhead Fire Hydrant Meter Cost Plus Overhead Water Service Reconnection During Working Hours $125-00 After Working Hours $35.00 Meter Rereads and Leaks Inspection $20.00 Delinquency Charge $2.00 Plus 1.5%Per Month General Service Call Cyst Plus Overhead Meter Test 5/8 Inch Meter $25.00 1 Inch Meter $25.00 1-1/2 Inch Meter or Larger Cost Plus Overhead Damage Repair Cost Plus Overhead Line Location Cost Plus Overhead Enaineerina Services Ste Plan Review Cost Plus Overhead Under 40 Units and Without Lift Station ($50 minimum) Ste Plan Review Dost Plus Overhead Over 40 Units and With Lift Station ($150 minimum) 174 3� Attorneys Matters-B.C.C. 01.15.13 Office of INDIAN RIVER COUNTY ATTORNEY Alan S.Polackwich,Sr.,County Attorney William K.DeBraal,Deputy County Attorney Brooke W.Odom,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners — FROM: Alan S. Polackwich, Sr., County Attorney DATE: January 7, 2013 SUBJECT: Request for Advice and Closed Attorney-Client Session Relating to FVP Miaini Lakes v. Indian River County BACKGROUND. As the Board knows, we have been sued by FVP Miami Lakes for a refund of impact fees and service availability charges relating to the Tripson Trails and Madeira Isles proposed subdivisions. FVP's attorney has recently made a settlement offer upon which the County Attorney desires advice from the Board. FS 286.011(8) authorizes the Board to hold a closed attorney-client session to consider settlement negotiations and strategy relating to expenses in pending litigation. Accordingly, the County Attorney requests that the Board schedule a closed attorney-client session at 10:30 AM on February 5, 2013 to consider the settlement offer. RECOMMENDATION. The County Attorney recommends that the Board schedule a closed attorney-client session at 10:30 AM on February 5, 2013 to consider the settlement offer made by FVP Miami Lakes. APPROVED FOR JANUARY 15, 2013 Indian River Co. App ed Date B.C.C. MEETING—ATTORNEY'S MATTERS Admin Co.Atty. (� Budget COUDept. ORNEY Dept. ASP-AC RW fl--E.d.IGENERALIB CCWgenda A2--TTT Lm-suit-Shade AlIg Request Uda 175 )-_ Attorney's Matters- 1/15/13 J L Of ice of INDIAN RIVER COUNTY ,NOW ATTORNEY Alan S.Polackwich,Sr.,County Attorney William K.DeBraal,Deputy County Attorney Brooke W.Odom,Assistant County Attorney To: Board of County Commissioners From: i �William K. DeBraal, Deputy County Attorney IdA. Through: Alan S. Polackwich, Sr., County Att9e7� Date: January 8, 2013 Subject: Purchase of overlapping property on Regatta Drive from the Estate of Daniel Kelly In the late 1960's and early 70's developers were constructing various phases of the Moorings Subdivision. Some of the platted units called for private streets and other ti... dedicated the roadways to the public. Moorings Subdivision, Unit 2, is a plat that was approved by the Board of County Commissioners on July 23, 1970. The developer of this phase surveyed and constructed the streets and dedicated them by plat to the "public forever." The dedicated streets were accepted by the Board of County Commissioners as public streets when the plat was approved by the Board. As a result of a recent survey, the lot belonging to Daniel J. Kelly was found to have a small overlap. Surveyors have discovered and the County Surveyor confirms that a sliver of property along lot 38 being approximately 9 feet wide at its widest point and measuring 512 sq. ft. or 0.012 acres encroached upon the Kelly's lot. The lot is currently undeveloped but as Mr. Kelly passed away recently, his estate has found a buyer for the property. Prior to closing the real estate transaction, the overlap must be resolved between the Kelly Estate and the County. The Board has three options in this matter. They are: 1. Do nothing and allow the overlap to continue in its present state as it has done for the last 40 years. The overlap would continue to be a cloud on the title and jeopardize sale of the property now or into the future. Indian River Co. Ap oved Date r... APPROVED FOR ` — Admin. B.C.C. REGU AGENDA co.Atty. Budget C,pUNTY ATTORNEY Risk Mgr. 76 MEMORANDUM January 8, 2013 Page 2 2. The County could record a right-of-way map and notify the Estate of its intent to consider the existing roadway as County owned right-of-way pursuant to Florida Statute 95.36. The Kelly Estate would then have one year from the date of the notice to object to the right-of-way map and a quiet title suit would need to be initiated by the County. Again, this method would jeopardize the current pending sale and involve additional survey work, research and court costs. 3. The County could simply purchase the property for the sum of $1,000 and resolve the problem of the overlap and remove the cloud from the title. This would allow the pending sale between the Kelly Estate and purchaser to proceed to closing in a prompt fashion. Funding: Funding for this expenditure is available from Secondary Roads/Misc Right of Way- Account# 10921441-066120. Recommendation: Staff recommends the Board of County Commissioners approve option number 3 and purchase the overlapping 0.012 acres for $1,000 from the Kelly Estate in order to clear title to the property and to allow the pending sale to close. Any costs involved in the closing would be shared equally by the parties. c: Chris Campione, Esq. 177 AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT is entered into as of the day of , 2012, by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960 ("County"), and the Estate of Daniel J. Kelly, c/o [enter Personal Representative's name and address] ("Kelly Estate"). WHEREAS, the Kelly Estate owns a 0.71 acre parcel of property located at the corner of Regatta and Springline Drive and the property address is 2025 Regatta Drive, Vero Beach, Indian River County, Florida; and WHEREAS, the property is an unimproved, single family residential lot located in the Moorings Subdivision, Unit 2, as depicted on the aerial photo attached as Exhibit "A"; and WHEREAS, the streets of the Moorings Subdivision, Unit 2, were surveyed and constructed by the developer, dedicated by the plat to the "public forever" and accepted by the Board as public streets when the plat was approved by the Board of County Commissioners on July 23, 1970; and WHEREAS, as a result of a recent survey, the lot belonging to the Kelly Estate, Lot 38, was found to have an encroachment, where the Developer constructed a portion ... of the Springline _Drive curb- and roadway onto the Kelly- Estate's lot creating an encroachment of 512 square feet or 0.012 acres as depicted on the sketch and legal description attached as Exhibit "B"; and WHEREAS, it is impractical for the County to remove the curb and road improvements from the Kelly Estate's property; and WHEREAS, for the consideration and upon the terms set forth herein, the Kelly Estate is willing to convey the encroached parcel of property to the County to be used as road right-of-way for Springline Drive; and NOW THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: Recitals. The above recitals are true and correct and are incorporated herein. 1. Agreement to Purchase and Sell. The Kelly Estate hereby agrees to sell to the County, and the County hereby agrees to purchase from the Kelly Estate, upon the terms and conditions set forth in this Agreement, that certain parcel of real property containing 0.012 acres located along Springline Drive in Indian River County and more specifically described in Exhibit "B" (the Property) attached and incorporated by reference herein. The Property and it improvements shall be used as right-of-way. 1 178 2. Purchase Price; Effective Date. The purchase price (the "Purchase Price") for '%W- the Property shall be ONE THOUSAND dollars ($1,000.00). The Purchase Price shall be paid on the Closing Date. The Purchase Price is inclusive of all damages, attorney's fees, expert witness fees and costs incurred by the Kelly Estate as a result of the encroachment on the Property depicted in Exhibit "B". The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, by the Indian River County Board of County Commissioners at a formal meeting of such Board. 3. Title to the Property. The Kelly Estate shall convey title to the Property by Quit Claim deed free of claims, liens, easements and encumbrances of record or known to the Kelly Estate; but subject to property taxes for the year of Closing and subject to covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property. 4.0 County may, at its own expense, order an Ownership and Encumbrance Report with respect to the Property. County shall, within three (3) days from receipt of the Ownership and Encumbrance Report, deliver written notice to the Kelly Estate of title defects. Title shall be deemed acceptable to County if County fails to deliver notice of defects within the time specified. 5. Representations of the Kelly Estate. 5.1 The Kelly Estate is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title and authority to convey and transfer the Property, which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 5.2 From and after the Effective Date of this Agreement, the Kelly Estate shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 5.3 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 6. Default. 6.1 In the event the Kelly Estate shall fail to perform any of its obligations hereunder, the County shall be entitled to terminate this Agreement by written notice delivered to the Kelly Estate at or prior to the Closing Date, or waive the Kelly Estate's default and proceed to Closing. 2 179 6.2 In the event of a default by the County, the Kelly Estate shall be entitled, ., as its sole remedy hereunder, to terminate this Agreement. 7. Closing. 7.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 15 days following the Effective Date of this Agreement. The parties agree that the Closing shall be as follows: (a) The Kelly Estate shall execute and deliver to the County a quit claim deed conveying marketable title to the Property. (b) The Kelly Estate shall have removed all of its personal property and equipment from the Property and The Kelly Estate shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. (c) The Kelly Estate and the County shall each deliver to the other such other documents or instruments as may reasonably be required to Close this transaction, including any corrective documents. 7.2. Closing Costs; Expenses. County shall be responsible for preparation of the quit claim deed. The Kelly Estate shall be responsible for preparing any other Closing documents. County and the Kelly Estate shall pay in equal shares, the following expenses at Closing: (a) The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. (b) Documentary Stamps required to be affixed to the warranty deed. 8. Prorations. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Kelly Estate. If the Closing Date occurs during the time interval commencing on November 2 and ending on December 31, The Kelly Estate shall pay all current real estate taxes and special assessments levied against the Property, prorated based on the "due date" of such taxes established by the taxing authority having jurisdiction over the Property. If the Closing Date occurs between January 1 and November 1, the Kelly Estate shall, in accordance with Florida Statutes Section 196.295, deposit into escrow with the Tax Collector, an amount equal to the current real estate taxes and assessments, prorated to the Closing Date. 9. Miscellaneous. 9.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. IWO 3 180 9.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Kelly Estate and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.3 Assignment and Binding Effect. Neither County nor the Kelly Estate may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to the Kelly Estate: If to County: Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Public Works Director Either party may change the information above by giving written notice of such change as provided in this paragraph. law - 9.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs and expenses. 9.7. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9.8. County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 4 181 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth below. THE ESTATE OF DANIEL J. KELLY BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman Personal Representative Date Signed: Date Signed: ATTEST: Jeffrey R. Smith, Clerk By: Deputy Clerk Approved as to form and Indian River County Administrator legal sufficiency: B Y• ,.. - Alan S. Polac wich, Sr. County rney Approved as to form and legal sufficiency Christopher Campione Attorney for the Kelly Estate 5 182 Indian River County, Florida Property Appraiser- Printer Friendly Map Page 1 of 1 Print Back LEXHIBiT A �- Indian River County GIS ParcelID OwnerName PropertyAddress 33402100005000000038.0 KELLY DANIEL J * 2025 REGATTA DR VERO BEACH, FL 32963 Notes Iftw i ��Qi�nl,)03 s LEGAL DESCRIPTION: A PORTION OF LOT 38, THE MOORINGS, UNIT 4, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 72; SAID LANDS ALSO BEING RECORDED IN OFFICIAL RECORDS BOOK 670, PAGE 1869, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF SAID LOT 38, THENCE RUN N7639'01"E, ALONG THE NORTHERLY PROPERTY LINE OF SAID LOT 38, A DISTANCE OF 8.66 FEET; THENCE RUN THE FOLLOWING THREE COURSES APPROXIMATELY 1.0 FEET EAST OF THE BACK OF A 2 FOOT DROP CURB, a SAID LINE ALSO BEING THE PROPOSED EASTERLY RIGHT OF WAY LINE OF SPRING LAKE DRIVE (RIGHT OF WAY VARIES PER SAID PLAT); THENCE S07'16'07"W A DISTANCE OF 110.15 FEET; THENCE S09'49'04"W A DISTANCE OF 20.76 FEET; THENCE S12'25'17"W, A DISTANCE OF 12.62 FEET TO A z POINT ON THE EASTERLY RIGHT OF WAY LINE OF SAID SPRING LAKE DRIVE, SAID POINT ALSO LYING ON THE WESTERLY PROPERTY LINE OF SAID LOT 38 AND LYING ON A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 25.00 FEET AND A CHORD BEARING OF N01'26'18"W; THENCE DEPARTING SAID PROPOSED RIGHT OF WAY LINE RUN ALONG THE ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 2428'33", A DISTANCE OF 10.68 FEET TO A s POINT OF REVERSE CURVATURE OF A CURVE HAVING A RADIUS OF 680.00. FEET AND A CHORD BEARING OF N05'18'42"E; THENCE RUN ALONG THE N ARC OF SAID CURVE THRU A CENTRAL ANGLE OF 10'58'13", A DISTANCE OF 130.20 FEET TO THE POINT OF BEGINNING. CONTAINING: 512 SQUARE FEET, MORE OR LESS. LEGEND & ABBREVIATIONS: SURVEYOR'S NOTES: BE BE BE = DESIGNATED BURIED ELECTRIC CABLE (SEE NOTE 2) 1. THE BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF LOT = CENTERLINE 38, AS SHOWN ON THE PLAT FOR "THE MOORINGS — UNIT FOUR", PER PLAT r p = DELTA OR CENTRAL ANGLE BOOK 8, PAGE 72, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, 2.0' --- = INDICATES THE DISTANCE FROM THE BACK OF FLORIDA. SAID LINE HAVING A BEARING OF N76'39'01"E. r I CURB TO THE EXISTING RIGHT OF WAY LINE 2. ONLY ABOVE GROUND APPURTENANCES AND VISIBLE UTILITIES HAVE BEEN z (C) = CALCULATED COURSE AND/OR DISTANCE LOCATED. THE BURIED ELECTRIC CABLE SHOWN HEREON WAS DESIGNATED CB = CHORD BEARING (MARKED WITH RED PAINT) BY CITY OF VERO BEACH PERSONNEL AND LOCATED COR = CORNER BY INDIAN RIVER COUNTY PERSONNEL ON THE DATE OF 11-30-12. INC. = INCORPORATED o L = LENGTH 3. THIS SKETCH OF DESCRIPTION MEETS AND/OR EXCEEDS THE ACCURACY O.R.B. = OFFICIAL RECORDS BOOK REQUIREMENTS PER CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE. (P) = COURSE AND/OR DISTANCE PER PLAT o P.B. = PLAT BOOK 4. ALL DISTANCES SHOWN HEREON ARE EXPRESSED IN U.S. SURVEY FEET. P.I.D. = PARCEL IDENTIFICATION PER PROPERLY APPRAISER'S MAP P.O.B. = POINT OF BEGINNING 5. THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE OF 1"=50'OR P.R.C. = POINT OF REVERSE CURVATURE SMALLER. PROP = PROPERTY a R/W = RIGHT OF WAY 0 CERTIFICATION SURVEYOR ND MAPPER N RESPONSIBLE CHARGE w THIS IS NOT A BOUNDARY SURVEY DAVID M. SILON P.S.M. DATE 3 FLORIDA REGISTRATION No. 6139 NOT COMPLETE WITHOUT SHEET 2 OF 2 4 INDIAN RIVER ASSISTANT COUNTY SURVEYOR NDIAN RIVER COUNTY ADMINISTRATION BUILDING �µw� INDIANRII�EIi COUNTY DRAWN BY: SECTION 28 THE MOORINGS :UNIT FOUR LOT 38 SHEET 1801 27tH STREET q DepartrnentofPubiic Works D.SILON TOWNSHIP 335. SKETCH OF DESCRIPTION FOR VERO BEACH, FL 32960 APPROVED BY: (7 2) 567-8000 B7gi7ee1ing Division "SYLON RANGE 40E. ADDITIONAL RIGHT OF WA` DE 2 80' R�W zl THE MOORINGS - ' 0 25 50 100 1 ��UNIT FIVE "THE ANCHOR" 1 z (�L; 3 1� � P.B. 9, PG 98 1 I 13 i PARCEL "B" r- w THE ANCHOR PROPERTY - - GRAPHIC SCALE I I I p I OWNERS' ASSOCIATION INC. IN FEET ) P.I.D. No. I _J 1 1 �> 33-40-21-00008-0000-00000-2 Li a ; I O.R.B. 635, PG 1827 ' �p�� - CURVE No 3 (P) N76'39'01"E \ BACK OF 2' 161•`13 rWLYPROPC� 1�p=19'28'50" m — - - - - - 8.66 DROP CURB - - ��g 19 LINE E R=250.00' P. .B. ! - N,6'39 p1 L=85.00' NW COR OT 38 \ CB=S29'21'08"E ¢ 0 i ' w i PROPOSED E'LY THE MOORINGS I > �, R/W LINE (+/- r - UNIT FOU R a I E OF 2' DROP CURB) P.B. 8, PG 72 o CURVE No 2 (P) `° o to COMPASS p=10'58'13" W m x� . LOT 38 COVE R=680.00' Z a 1 ^ ` o /L=1 30.20' 2.a I }2•D' 0 DANIEL KELLY ' CB=N05'18'42"E P.I.D. No. z _Z _w� 3 z 33-40-21-00005-0000-00038.0 i 0 Of of 16 CL O.R.B. 670, PG 1869 / I a > �Zof m w�a `1i m r 31 �S09'49'04"W 1 0 / S/ 1.6' 20.76' CURVE No 1 (C) -S12'25'17"W " I = A=24'28'33" ��; P.R.C. o R=25.00' 1 12 6-CURVE No 4 (C) y/ 1 \ L=10.68' / L=54'45'00" I LOT 37 m 1 CB=N01'26'18"W POINT ON R=25.00' i / EDGE OF r CURVE L=23,89' / DAFFODIL INVESTMENTS INC. I r / -96(5:?,, CB=N41'02'52"W P.I.D. No. N \ / PAVEMENT ELECTRIC ., 33-40-21-00008-0000-00037.0 1 w VAULT 4"W O.R.B. 1790, PG 1390 / W'LY R/W BACK OF 2' �80 00, I o LINE \ DROP CURB (p� \ / N' 'o ER = C P = THIS IS NOT A BOUNDARY SURVEY ;NOT COMPLETE WITHOUT SHEET 1 OF 2 SECTION 28 THE MOORINGS-UNIT FOUR LOT 38 SHEET `/ NDIAN RIVER COUNTY ADMINISTRATION BUILDING 8%ER INDIANRIIrEh''COUNTY DRAWN D.SILON 1801 27th STREET s Department ofPublio Works APPROVED BY: TOWNSHIP 335. SKETCH OF DESCRIPTION FOR VERO BEACH, FL 32960 (77" 567-8000 P Engineering Division "�LON RANGE 40E. ADDITIONAL RIGHT OF WP" ov �WvOffice of Attorney's Matters 1/15/13 � INDIAN RIVER COUNTY ATTORNEY Alan S.Polackwich,Sr.,County Attorney William K.DeBraal,Deputy County Attorney Brooke W.Odom,Assistant County Attorney To: Board of County Commissioners V From: V William K. DeBraal, Deputy County Attorney Through: Alan S. Polackwich, Sr., County Attorne�ci Date: January 9, 2013 Subject: Purchase of Property for Right-of-way Overlapping on Land owned by Patrick Shawn Free In 2011, the County replaced the old two lane bridge over the South Relief Canal with a three lane bridge and expanded and re-surfaced a portion of Old Dixie Highway to align with the wider bridge. Patrick Shawn Free (Mr. Free) owns a 5.59 acre parcel of property located at 710 2nd Street, Vero Beach, Florida. The parcel's western boundary abuts the section of Old Dixie Highway that was widened to accommodate the new bridge. The parcel is developed with one structure and is zoned RS-6, single family, up to six units per acre. During the course of the resurfacing project, Mr. Free contacted the County claiming that a portion of the sidewalk and roadway encroached onto his property. Additional survey work performed on this area of Old Dixie revealed that 0.128 acres were indeed mistakenly included in the project and were not purchased by the County as right-of- way. Through negotiations with Mr. Free's attorney, Alan S. Zangen, staff agreed to purchase the overlapped property for $26,000 inclusive of all attorney's fees, expert witness fees, and all damages of any type to Mr. Free. Additionally, the County has constructed a driveway onto Mr. Free's property for Mr. Free's benefit. The driveway was installed as additional consideration to Mr. Free for the encroachment. ;eW P,�er Ca Approved Date Legal �- S. 3 f 7FROVED FOR ' " - �� awrg-et �3 3.C.S, ME G 2ttR AGENDA �-���� - 3 Risit rgr. -,,C6UNT5,7rTTORNEY, 186 Shawn Patrick Free Overlap January 9, 2013 Page 2 Funding: Funding is available via a transfer from Optional Sales Tax/Misc ROW to Optional Sales Tax/ROW/Old Dixie Highway Bridge over South Relief Canal- Acct #31521441-066120-02037. Recommendation: County Staff recommends approval of the attached Agreement to Purchase and Sell Real Estate in the amount of $26,000 and authorize the Chairman to execute the Agreement on behalf of the Board. c: Alan S. Zangen, Esq. Chris Mora, Director, Public Works Chris Kafer, County Engineer 187 AGREEMENT TO PURCHASE AND SELL.REAL:ESTATE THIS AGREEMENT is entered into as of.the , day of , 2012, by and between: Indian River County, :a political subdivision of the State of Florida, whose address is 180127t.h Street, Vero Beach, FL.32960 ( County'); and Patrick Shawn Free„ whose address is 2976 Lark Road, Palm Springs,. FL 3.4406 ("Mr, Free'). WHEREAS, Mr. Free owns a 5.59 acre parcel of property located:.710 2'd Street,, Vero Beach, Indian River county, Florida; and WHEREAS, the property'is zoned RS-6, single family residential up to 6 units per acre As depicted o.n,the aerial photo attached as Exhibit"A'; and WHEREAS, County recently, resurfaced that section. of Old Dixie Highway adjacent to Mr. Free's property and in the process,. accidentally encroached upon Mr. Free's property; and WHEREAS, as a result of the encroachment, the County constructed a portion of the sidewalk.and roadway onto Mr. Free's property creating an encroachment of 0.128 acres as depicted on the sketch and legal description attached as Exhibit "B"; and WHEREAS, it is:_impractical for the County to :remove the sidewalk and road improvements from Mr. Free's property, and WHEREAS,for the consideration and upon the terms set.forth herein, Mr. Free is willing to convey the encroached parcel of property, to the County to be used as sidewalk.and right-of-way for the Old Dixie resurfacing project. NOW THEREFORE, in consideration of the mutual undertakings: herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows:; Recitals. The above recitals are true and correct and are incorporated herein, 1;. Agreement to Purchase and Sell. Mr. Free hereby agrees:to sell,to the. County,. and the County hereby agrees to purchase from Mr. Free, upon the terms and conditions set forth. in this Agreement; that certain parcel of real property containing 0.128 acres located along Old Dixie Highway in Indian River County and more " ° p attached and incorporated b. specifreally, described. in Exhibrt B (the Property) p y reference herein. The Property and it improvements shall be used as right-of-way for the County's Old Dixie resurfacing project. 2.: Purchase Price Effective Date. The purchase price (the "Purchase Price") for the Property shall be TWENTY SIX THOUSAND dollars ($26,000.001. The Purchase Price shall be paid' on the Closing Date. The Purchase Price is inclusive of all damages, attorney's fees, expert witness fees and costs incurred by Mr. Free as a result of the 1 188 County's encroachment on the Property depicted in Exhibit' ``B The Effective. Date of this Agreement shall be the date upon which the County shall have approved the: execution of this. Agreement, by the Indian River- County Board of County Commissioners at a formal meeting.of such Board:.. 3. Title to the Property.. Mr:. Free shall convey marketable title to the Property Quit C11 laim deed free of claims; liens, easements and encumbrances of record or known to Mr. Free; .but subject to property taxes for the year of Closing and subject to covenants., restrictions and public utility easements of record provided (a) there exists at Closing: no violation: of any of the foregoing,;; and: (b) none of the foregoing :prevents County's intended use and development of the Property. 4.0 County may order an Ownership and Encumbrance. Report with. respect to the Property. County shall, within thirty (30) days from receipt of the Ownership and Encumbrance Report,. deliver written notice to :Mr. Free of title defects:.. Tithe shall: be deemed acceptable to County if County fails to deliver notice of;defects within the time specified, County shall have thirty (30). days from the: end of the Curative Period to elect,, by written notice to Mr. Free, to: (i) terminate this Agreement, whereupon it shall be of no further force and effect; or(ii) extend.the Curative Period for up to an additional 90 days; or (iii). accept title subject to existing defects and proceed.to closing., 5. Representations of the Mr. .Free.. 3;1 Mr. Free is indefeasibly seized of marketable,: fee, simple title to the Property, and is the sole owner of and has good right, title and authority to convey and transfer the Property, which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 5.2 From and after the Effective Date: of this Agreement, Mr. Free shall take no action: which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the 'Public Records which would affect title to the Property,without the priorwritten consent of the County. 5.3 There are no .existing or pending special assessments affecting the Property;; which are or may be assessed by any.governmental authority, water or sewer authority,. school district, drainage district or any other special taxing. district.. 6. Default.. 6.1 In the event the Mr. Free shall fail to perform any of its obligations hereunder, the:County shall be entitled to: (i) terminate this Agreement by written notice delivered to the Mr.: Free at or prior to the Closing Date, and pursue all remedies available hereunder and under applicable law; (ii) obtain specific 2 189 �-- performance of the: terms and conditions hereof; or (Iii) waive the Associate's default and proceed to Closing, 6.2 In the event of a.default::by the County, thel Mr.. Free shall be entitled; as its sole remedy hereunder, to terminate this Ag"reement. 7, Closing. 7.:1 The closing of the transaction contemplated herein.("Closing" and "Closing Date") shah take place within 4.5 days following the :Effective: Date of this Agreement. The parties agree that the Closing shall.be as follows; (a) Mr. Free shall execute and. deliver to the County a quit claim deed conveying marketable title to:the Property.. (b) Mr. Free shall have removed aft of its personal property and equipment from the Property and Mr.. Free .shall deliver possession of the Property to County vacant and in the same or better condition that.existed at the Effective Date hereof.. (c) Mr. Free shall deliver to the County an affidavit, in:form acceptable to the County, certifying: that he is not a non-resident alien or foreign entity, such that Mr. Free and such interest holders are not subject to flax under the Foreign Investment and Real Property Tax Act of 1980. (d) - Mr. Free and the County shall each deliver to the other such: other documents or instruments as may- reasonably be :required to Close this transaction.; including any corrective:documents. 7.2. Closing.Costs; Expenses.. County shall be responsible for preparation of all Closing documents. County shall pay the following expenses at Closing: (a) The cost of recording. the Warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. (b) Documentary Stamps required to be affixed to the warranty deed. (c) All costs and. premiums for the owner's marketability title insurance commitment arid;policy; if any. 8. Prorations. All.taxes and special assessments which are a.lien upon the property on or prior to the Closing Date (except`current taxes which are not yet due and payable) shall be paid by Mr. Free. If' the Closing Date occurs during the time interval commencing on November 2 and ending on December. 31, Mr. Free shall pay all current real estate taxes and special assessments levied against the Property, prorated based. on the "due date" of such taxes established by the taxing authority having. jurisdiction over the Property. If the Closing Date occurs between January 1 and November 1, Mr. Free shaft, in accordance: with Florida Statutes Section 196.295, deposit intcr escrow with the Tax Collector, an amount equal to the current real estate taxes and assessments, prorated to the Closing Date. 3 190 �... 9. Mlsce.11aneous.. 9.1 C.ontrollinq Law. This Agreementshall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in fhe Southern District of Florida for all .federal.court matters: 9.2 conveyance 'In Lieu of Eminent Domain'., it is. understood by the parties that this contract is _entered. into; by Mr. Free under the threat and in lieu of condemnation.. 9.3 Entire Agreement:: This Agreement constitutes the entire agreement between the parties with: respect to this: transaction and supersedes all prior agreements, written or oral, between Mr. Free and 't;he. County relating to the subject matter hereof. Any modification or amendment to this .Agreement shall beeffective only if in writing and executed by each of the parties. 9.4 Assignment.and: Binding Effect. Neither County nor Mr. Free may assign its rights and obligations under this Agreement:without the prior written consent of the:other party. The.terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. -- 9.5 Notices.. Any notice shall be deemed duly served if personally served NOW or,if mailed by certified mail, return receipt requested, or if sent via "overnight' courier service or facsimile transmission, as follows;. If to. Mr._Free: If to County: Patrick.Shawn Free Indian River County 2976 Lark Road: 1801 27t' Street Palm Springs, FL 34406 Verd Beach, FL 32960 Attn: Public Works Director Either party may change the information above by giving written notice of such change:as provided in this paragraph. 9.6 Survival and Benefit. Except as.otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided,for herein.. The.covenants, agreements:and, undertakings of each of the parties hereto are made solely for the benefit of and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 4 191 9.7 Attorneys Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's feesi costs and expenses. 9:8-. Counterparts.: This Agreement may be executed in two or more counterparts, each one of which shall constitute anoriginal. 9.9. County Approval Required: This Agreement is subject to approval by the .Indian River Count'y,Board of County Commissioners asset forth in paragraph I 9.14 Driveway Construction. . The Parties agree, that the County has constructed a driveway for the benefit of Mr. .Free's property and that the driveway was installed as additional.considerations to:Mr: Free. IN WITNESS: WHEREOF, the undersigned have executed' this Agreement as of the date first set forth. below. PAT K SHAWN FREE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph- F. Teachers Chairman Date Signed: f "l`/ /Y _ Date:Signed: ATTEST: Jeffrey R. Smith,, Clerk By: Deputy Clerk Approved as to form and Indian River County Administrator legal suffcien.. By: Ala Pola ch, Sr. Co qty :. orriey jAlangen to form and ncy '"" Attorney for Patd Sh n Free 5 192 Indian River.County,Florida Properly Appraiser Printer Friendly Map Page 1 of.I Pri:►at Bsek t1 � .1EXHIBIT Indian River County GIS .. ...... Y pn, �! .... ... . nq. !+►gine ParcelID OwnerName PropertyAddress 3339413.00000700000022.0 . FREE PATRICK.SHAWT 710 2ND ST VERO`BEACH,FL 32962 Notes http://www-irepa.org/PrintN4ap.,ispx 11/6/2012 193 SKETCH OF DESCRIPTION" ' EXHIBIT LEGAL OF�ORIPTIONi A PARCEL,STPoP OR 1RACT OF LAND(LYING WESTERLY OF;ADJACENT TO.AND CON'RWOUS WI1H THE'NEST RIGHT-OF WAY_GF,OLD DIbE:HIGHWAY _ ( ,�'� (STATE ROAD 5Ob 'AS DESCRIBED,MONUME¢ITED AND OLxUPIEP,SAID DESCRIBED,MONUMENTED AND OCCUPIED RIGHT OF y(AY UNE LUNG 25.OD � �' FEET.WESTERLY.0�THE.LIASELINE OF OLD DUDE HIGHWAY AS RECORDED N PLAT BOOK 9,PAGE 67—B;,PUBLIC RECORDS OF INDIAN RIVER i�6UNtllf, FLGtIOA)BEING IJQRE PAR71CU1ARLY DESCRIBED.As.FOLLOWS: MMMNQ AT TME NORTHWEST CORNER OF THE NORTHWEST ONE-QUARTER(1/4)OF`THE SWTHEAST:ONE-DARTER(1�4))OE'SEO714N 13; TOWNSFNP 33 SOUTH RANGE 59 EAST WDIAN RIVER COUNTY,FLORIDA,RUN SIH ALONG THE WEST 191E:OF SAID[TOR WST ONE'-dUARTEN OF SOUTHEAST ONE-gUARtER OF SE''�l:13 A DISTANCE IF 721.00 FEET PTO THE&HONE OF INE NOR1H 72i:OO FEET DE'SAIO.NORINWEST ONE-0UAR7ER(1!4)OF SOUTHEAST ONE-QUARTER(1J.4)1 1HENGE RUN SOUGH 59'57'2D`'EA$T ALONG:.SAID SOUTH LINE"OF THE NORTHt21,00 FEET OF THE NORIHWEBT ONE QUARTER((1/4 OF 50LT01EAST ONE-QUAR1TGt,(1/4)OF$EC11DN 13.A.DISTANCE OF 33535 Z TO A POINT`OF NTERSEO,IIM 11H THE THE-yIEST 191E'OF"T�IAT.CERTAIN PARCEL DESf2 B'M! RECORDED IN OFflOU1l RECORD BOCK 9992,PAGE 742;PUBLIC RECARQS.OF NDIAN RIVER COUNTY,FLCRIDA;IHEI .LEAVING SATO 50UTH ONE 10 SOUTH 14'SO'03"EAST ALONG THE WEST UNE:OF S/JD CfiRTAN PARCEL AND PARALLEL NiTH THE AFOREMENTIONED WEST RIGHT-OF-WAY LINE OF OLD DW HIGHWAY(STATE ROAD:805)A DISTANCE OF 15QOD FEET.TO INE$MUNE OF SAD PARCEL, 7HENCE.RUN SOUJH'.B957'2O'EAST ALONG"SAID SOUTH LINE A DISTANCE'AP 150.00 F -10 THE AFORESAID MONUMENTED AND OCCUPIED WEST RIGHT-OF-WAY LINE OF:GID DUDE HIGHWAY.(STATE ROAD 605)AND 1HE.ROINT OF BEGINNING. FROM.SAID POINT 17F BI.GNNNO RUN SblI1H 145p'0S'EAST ALONG SAID NEST RIGHT OF WAY LINE OF OLD DIME HIGHWAY A WSTA M OF 370.42 FEET TO:THE NORTH RIGHT=OF"WAY.LINE OF 2ND STREET(100'NIDE RW;i CF-WAYk.1HENCE LEAVING SAID WEST RIGHT-OF-WAY UNE RUN: NOR1H.89YI5'10`NEST ALONG SAID.NDR1N RK4iT-OF-WAY"LINE OF 2ND STREET A"DISTANCE OF 25.00 FEET;'I►�ENCE LEAyPiG SAID,NORIH RKTTT-OF-1YAY UNE RVN NORTH 3BU2'23°EAST.A DISTANT OF 1137 FEET TO 11 POINT LUNG 40 OO FEET WET:TERLY Of"iFE AFORELIEN1)ONED BASEIRNE.OF,OlD DOGE tIIG►IWAYL 7FIENCE RUN:NOR1H 143GO3':WEST ANO"PARALLEL WITH'SAS.WEST RIGHT dF-WAY OF OLO:OUDE HK#1WAY A DISTANCE OF'380.78 FEET TD THE"AFORDAEMTIONED SOU1fi UNE OF SAID PARCt].DESCRIBED AND RECOkDEO I(OFFICIAL RECORD.BOOK 1992. PAGE 74?,.PUBUO RECORDS OF MAU RIVER.COUNTYARIDA; THENCE'RUN'SOU1H 895Y2o'EAST ALDNO SAN SOUTH'LNE A;DISTANCE OF 15.52 FEET'Tq.THE PONT OF BECNNNC SAID LANDS LYING AND BEING.'IN.THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4.OF SECTION 14.TONNSHIP 33 SOUTH,RANGE 39.EAST.,INDIAN AM COUNTY,PLOIb6A,CONTAINING 559111 SQUARE FEET,MORE.OR IJ SS $lBVEYOWS D7ESc 1.. UNLESS IT BEARS IHE SIGNAWRE.AND THE ORIGINAL RASED SEAL OF A Fl:ORIDA LICENSED L.SURYE AND NOI,iAPP�Ti9S DRAWING,.SKETCH,PLAT OR MAP IS FOR INFORMATIDNAL PURPOSES' 2, LANDS rEA SEMENTSGIA 11TTONVEY IS NDT NmIOETI TO:t$LINEATE WEIIANOS,LOCM:AREAS OF CONCERN OR ANY:OTHER JURLSlfIC110NA1.DETE1LMIiA1K>H. 3. THIS OESCRIPTKIN AND:SKETCH CONSISTS.OF 2 SHEETS:.AND ONE IS NOT VAUD WITHOUT THE OTHER. 4. THIS E>09BIT DOES NOT INTEND'70"REFLECT OR DETERMINE OWNERSHIP, 5: THIS IS NOT A;BOUNDARY SURVEY..THIS IS:A.SKETCH OF LEGAL.DESCRIPTIONONLY. 8,: ALL INFORTMA'ION CONTAINED IN THIS SKETCH OF DESCRIPTION WAS-OBTAINED FROM A BOUNDARY SURVEYED .BY CARTER ASSOCIATES,'INC.,DRAWING No?1757" 7. 1HEDESCRIPTK)N SHOWN HEREON:WAS PREPARED BY THE PROFESSIONAL SURVEYOR AND MAPPER: REVISED: 5115/`12 PLR INOIAN RIVER COUNTY COMMENTS SO. J CARTER ASSOCIATES, IIVC. CONSLIL97NG.BNGIH6M AND 40 S[jAMOR3 J - 1708 si91'81T001t 778-m-1101 gAn 'Tno BS M J<WMU 88080-8478 '772-600-7100(p� s SKETCH" QF DESCRIPTION CER TO; 3 PORTION OP TILE NORTHWEST INDIAN:RI lY > 4 .1/4 OF THE SOUTHEAST '1/4. SEC. 13,, T33S, R39E. L LUEIHJE,P.S.M. "IGATUREDAIE IIATE DVS DY .. >rr.t4;GALE Sw pl G4 Im L DF;2 FLORIDA LICENSE Na 5728 loom sy pEl N/A Ns tE 3L4S llS76v1 CARTER ASSOCIA INC.LB.205 SKETCH OF DESCRIPTION OF — THE ►+GRNOR7NTIFST coRNEx OF I-I lHWEsr 7/4 7/s of THE.90UiFiEXH113 [ 1 7OINISIIiP'J3�$OIJTFt R/1NCE 3B FAST 7 • ORTN UP1E CF.NCRTNN£571 4OF 7NE — . .. W SEC,TON 73.701Ni91iP 33/ SOUTFTEJ147:1/4 .. .WEST UNE OF'NORTNWES'f i/4.CF THE SOUTHEAST 7/4 OF SECTION,13..70MNS"s,73 SOUTH.RANGE 39 EAST \. THC.ShcTN 7CS0 iElCf olrl IE.NORTH. ..'� WNOT M SCAL-_ 72e lF FEET EASE]tl?!T fOFPICC. RECORD T g 1 BooK So9..)AGE B.SZ rueuc.RECORDS' o. .:OF.-INDIAN RIVER'COUNTY,.FLORIDA.): . .. 3Q 'E ' PLAT ST1�.pS2T CPA7+.ODF D QPR8) EAST(D} _—Q,, AW 87-8 IUQ)- -UFH . Q17-C.0F9CR-U.WBOAPY+WPEORN' PGRYOF OF7NNor 14 TOWRSHIPSSRATETFUJRECORDS sk WEST UNE OF'TNAT CERTAIN`PARCE7_ ;' ��. NDUW RI�ERCOCN7Y, FLORIDA. AS DEWED'N OFFK7Al. BOnIC . r 7992 PAGE 712 PUBUQ REWR».4 OF 'Fu EAST RICHT OMrA WAY:UNE PER ..INDIAN RIPER COUNTXy iLAR,IDA, ` , WA7N'TENANCE MAP OF.OED.DIXIE (M.AT BOOK V.PAGE 87-8). 5 89$Y20�E 780.00' _ SOUTH LINE.OF 7HAT CERTApi'T+ .: Mar AS DESCRIBED:IN OFFICIAL;.RECORD Boar. • T 1992,PAGE 712 PU6UC.RECORDS OF NDIAN RNER COUNTY,,'M.DRIDA BFIISOUTH TO.ECOIIMUNICAT10N5;1NC: .. EQUIPMENT EASEliENT.(OFFICIAL.. PORN OF DECNNNO _. RECORD BOOK 408,PA49 2307 .9 PUBLIC RELVRos OF.INDIAN RIVER. . LOT 14 OE'W:C:C. SUBOM$ION AS .PARCEL N0.33]911T000070D0000220 I b. RIS IN PEAT BOOK I7,.PAOE.B. 'FRFF PPARCl1' .NEST RIG}i7-0F-WAY UNE PE8Z ..rYa 1: PUBUC RECORDS'INDIAN RIVER (9FFiC111L RECORD BOCK'417. FIAMTENAWCE-WAP Of OLD DPW L'o COUNT,FLORIDA PAGE,.744"At18UQ RECORDS OP (.)LAT.BOOK.B..PACE 87-8} IHW/.1PI RlVT:7t COUNTY,,FLORWA} STA 198}OO ADOMONAL RIGHT-OF:WAY PLAT BSL 48.877.714".S4 FT.), 9:PACE 57-8)F EAST RIGHT-OF=WAY PER:PLAT 1T PI. :POINT OF-WI.ERzomm. V. .BTA, ►STAVON NCNUWEN7ED AND'OCCUPI WEST RIONT-OF=WAY UNE. It r BA EUW Or OLD DOGE HIGHWAY .. (A) —DEED F NORTH 974717—OP-1W1Y.'LWE OF.?l!la N_8z`it l 57RE7:T.AND.NDRTNLINE OF 7NE ' i 1 ` . •. $'OU7N 700►EET .� {{ IN owunce w -7-1900 2=d �" .� IDD• -os-WWT (P 1.,aT5+i157.* *,PAGE 87=8} . 'STA:798+0.[7 (PER'PLAT 8001( UNEP OF THE NORTHMES7 1/4 OF"01E. 0.PACE:87-8}- SOU7tEAST I//4 OF SECTION 13,"7OwwwvP J3,8DVT1:.RANGE 39 EAST CARTER ASSOCIATES INC. s-'t g Y DE" ICONSULTING SNGMSSRS AND LAND SURVEYORS .stme loll 1706 9131 aFj3=T "Z_"8-41,11 = 74-6Q8-4191 fSEL) VJMO 1�A� v6 "7WXMA 3YO-3478 778- 68 6 -7160 (l.ZZ)� aAM 4/36/18 PAW. "a-.3148 =&VU c fl""-A awl a Or a 195 �vERc INDIAN RIVER COUNTY 4W 3W �- SOLID WASTE DISPOSAL DISTRICT �LORIOY' BOARD MEMORANDUM Date: January 4, 2013 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District ' Subject: Work Order No. 6 to CDM Smith, Inc. for Engineering Services with the 2013 Annual Financial Reports BACKGROUND: The Solid Waste Disposal District (SWDD) is required by Florida Environmental Protection Department (FDEP) rules to prepare two annual engineering reports certified by a third party professional engineer including: 1. Financial Assurance Report to determine SWDD's annual obligations to fund escrow accounts for the closure and long term care of the County's active landfills. y.. 2. Full Cost Accounting Report to inform residents of the County of the full cost of collection, management and disposal of solid waste in the County. ANALYSIS: CDM has prepared Work Order No. 1, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for each of the tasks. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the engineer's continuing consulting services master agreement. The tasks are listed below showing the expected completion dates and their estimated fees. TASK DESCRIhTION DUE DATE AMOUNT Task 1 Full Cost Accounting Report March 31, 2013 $10,080— Lump Sum Task 2 Financial Assurance Report November 1, 2013 $36,810—Lump Sum TOTAL (Lump Sum) = $46,890 The costs above are consistent with what SWDD has paid historically for these services and includes a $13,100 cost for aerial survey services provided by Masteller, Moler, Reed & Taylor. Specifically, the current proposed cost of $46,890 for Tasks 1 & 2 has increased by �-- $900 compared to that approved for the 2012 Annual Financial Reports (Work No. 1 approved on January 13, 2012) in the amount of$45,990. SWDD Agenda-WO No 6 CDM Smith 2013 Annual Financial Reports Page 1 196 ACCOUNT INFORMATION: Funding for the 2013 Annual Financial Reports is budgeted and available in the Engineering �.. Services account in the SWDD Landfill Fund which is funded from SWDD assessments and user fees. The account has a total budget of$273,250 for the 2012/2013 fiscal year. Description Account No. Amount Engineering Services 41121734-033130 $46,890 RECOMMENDATION: SWDD staff recommends that its Board approve the following: a) Approve Work Order No. 6 with CDM Smith, Inc. in the amount of $46,890 to provide engineering services related to the Annual Financial Reports. b) Authorize the Chairman to execute the same, as presented. ATTACHMENT: 1) Work Order No. 6—CDM Smith, Inc. APPROVED FOR AGENDA: Indian River Co. Approved Date By: �' &24 Administration Jose h A. Baird, County hdministrator Budget ( Ci Legal - f For?Date D/3 SWDD SWDD �-1-�3 SWDD Agenda-WO No 6 CDM Smith 2013 Annual Financial Reports Page 2 197 WORK ORDER NUMBER . 6 This Work Order Number 6 entered into as of this day of January, 2013 pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of December 6, 2011 (the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and CDM Smith Inc., (CDM Smith) ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS CDM Smith Inc. OF INDIAN RIVER COUNTY By: By: Chairman Title: Associate BCC Approved Date: Attest:Jeffrey R. Smith,Clerk of Court By: Deputy Clerk Approved: Joseph . Baird,County Administrator Approved as to form and legal sufficiency: Alan S Polackwich,Sr.,County Attorney Jj1024 W0F6.docx 198 EXHIBIT A w.. SCOPE OF PROFESSIONAL SERVICES INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR ANNUAL PERMITTING SERVICES- 2013 WORK ORDER NO.6 PROJECT UNDERSTANDING Each year Indian River County(IRC) Solid Waste Disposal District(SWDD) is required to document environmental compliance in accordance with several different permits.CDM Smith Inc. (CDM Smith) assists SWDD with some of these submittals to the Florida Department of Environmental Protection (FDEP) each year. This project is to provide permitting services which are required including: ■ Task 1.0-Full Cost Accounting ■ Task 2.0-Financial Assurance CDM Smith will coordinate with the SWDD in order to provide timely execution of each portion of this project. TASK 1.0-FULL COST ACCOUNTING STUDY AND REPORT FOR FISCAL YEAR 2010-11 Under provisions of Chapter 62-708.300(3), Florida Administrative Code (F.A.C.),IRC SWDD is required to determine and publicly disclose the full cost of solid waste management within its service area for Fiscal Year 2011-2012. CDM Smith will prepare a report setting forth the full cost of solid waste management for Fiscal Year 2011-2012 in accordance with the requirements of Chapter 62-708, F.A.C.CDM Smith will also prepare a draft public notice based on the full cost of solid waste management in SWDD for Fiscal Year 2011-2012. CDM Smith will provide a draft report and public disclosure notice to SWDD by March 15, 2013 assuming receipt of all data required to perform the study by March 1, 2013.After receipt of comments,CDM Smith will submit the final report and public disclosure notice within 7 calendar days.SWDD is required to inform the residential and nonresidential users of IRC's solid waste management services area of the user's share of the full cost for solid waste management in accordance with Chapter 403.7049 Florida Statutes. TASK 2.0-FINANCIAL ASSURANCE SWDD operates a Class I and construction and demolition (C&D) debris landfills through a contract with Republic Services.SWDD is required by Chapter 62-701, F.A.C.to provide financial assurance for each of these facilities annually. A-1 il1024.aocx 199 Subtask 2.1-Financial Assurance Report CDM Smith will prepare documentation that demonstrates proof of financial assurance for the cost of closing and providing long-term care for the Class I Landfill,the C&D Debris Landfill, and the Waste Tire Processing Center.This documentation will be submitted for review by the SWDD and IRC Finance Department.Two copies of the final document will be provided to SWDD.CDM Smith will meet with SWDD up to four times to discuss issues and to provide needed coordination.CDM Smith will also respond to FDEP correspondence regarding financial assurance. Subtask 2.2 -Survey and Airspace Assessment CDM Smith will provide surveys and assessments of consumed airspace,performed by Masteller, Moler,Reed&Taylor, Inc.for the Class I and C&D Landfills.The survey work for the Class I waste area will include a complete topographic survey of Segments I and I1 as well as the ditches and roadways surrounding the Class I area.The topographic survey of the C&D Landfill site will include the waste area,as well as the fence-line and the surrounding ditches and berms adjacent to the C&D site.CDM Smith will review the volumetric modeling and include a summary of estimated waste density based on the results of the survey and volumetric modeling. The deliverable from Masteller, Moler, Reed&Taylor, Inc.will consist of a survey identifying the dates the field survey was completed.Airspace consumed and remaining airspace based on the survey and the construction and design criteria shall be specifically identified in the financial assurance report.The survey shall also include the results of the volumetric calculations for the Segment II portions of the Class I landfill,as well as the C&D Landfill.Deliverables accompanying the survey shall include: A 1-inch= 50 feet scale contour map for each site with 1-foot contour intervals in regular weight �— lines,and 5-foot contour intervals in bold weight lines.Signed and sealed contour maps will be provided on 24-inch by 36-inch paper of each landfill site in 1-inch=200 feet scale.A Compact Disc (CD)with ASCII file of the survey data in AutoCAD 2004 will also be provided. For the Class I Landfill (Segment I and II),the financial assurance report shall include an evaluation of the compaction of the waste and an analysis as to whether Republic Services is meeting its contractual compaction requirements.CDM Smith will include escrow account balance recommendations for Fiscal Year 2012-2013,as well as escrow account budget recommendations for Fiscal Year 2013-2014. A-2 1j1024.docx 200 EXHIBIT B PROJECT BUDGET INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR ANNUAL PERMITTING SERVICES- 2013 WORK ORDER NO. 6 PROJECT: Indian River County SWDD Annual Permitting Services-2013 DESCRIPTION: Task 1.0 - Preparation of Full Cost Accounting of Solid Waste Management Report and Public Disclosure Notice CONTRACT REFERENCE: Agreement between the Indian River County Board of County Commissioners and CDM Smith Inc. Labor Category Hours Rate Total Officer 2 $200 $400 Associate 3 $190 $570 Principal 12 $180 $2,160 Senior Professional 20 $150 $3,000 Professional II 16 $130 $2,080 Senior Support 10 $120 $1,200 Project Administration 2 $85 170 Total Hours 65 Total Salary Cost $9,580 Other Direct Costs 500 TOTAL LUMP SUM FEE For the basic services under this Agreement,IRC SWDD agrees to pay the Consultant a lump sum fee$10,080. Partial payments will be made on a monthly basis in accordance with the referenced contract. B-1 jj1024.docx 201 01 INDIAN RIVER COUNTY \ W ' SOLID WASTE DISPOSAL DISTRICT , BOARD MEMORANDUM -} Date: January 4, 2013 To: Joseph A. Baird, County Administrator Thru: Vincent Burke, Director of Utility Services From: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District • Subject: Final Pay to Work Order No. 2 to CDM Smith, Inc. for Engineering Services with the 2012 Annual Permit Compliance Monitoring and Reporting BACKGROUND: On December 13, 2011, the Solid Waste Disposal District (SWDD) Board approved Work Order No. 2 to CDM Smith, Inc. to provide for Engineering Services with the 2012 Annual Permit Compliance Monitoring and Reporting. The authorization was executed with a not to exceed budget of $109,283.00. ANALYSIS: CDM Smith has satisfactorily completed all of the assignments described in the scope of work for a total invoiced amount, including the final invoice of$3,351.40. After final payment, the total amount paid to CDM Smith will be $105,279.00. Attached is CDM Smith's report describing in more details the services provided under each task. ACCOUNT INFORMATION: Funding for the annual financial reports is budgeted and available in the Engineering Services account number 41121734-033130 which is funded from SWDD assessments and user fees. RECOMMENDATION: Staff recommends that the SWDD Board approve for payment CDM Smith's final invoice in the amount of$3,351.40. ATTACHMENTS: CDM Smith Project Completion Report & Final Invoice APPROVED FOR AGENDA: Indian River Co. Approved Date - By. Administration Josepc A. Baird, County Administrator Bud& (. 3 F- or: Date sv ( �- Sw D Page—1— 204 SWDD Agenda -Final Pay CDM Smith Inc Work Order No 022 CDM_ ftwMW by SVM Smith J MN 0 4 21-0113 1701 Highway A-1-A,Suite 301 Vero Beach,Florida 32963 Indian River County tel: +1 772 231-4301 .1�� fax:+1 772 231-4332 Landfill cdmsmith.com January 4, 2013 HAND DELIVERED Mr. Himanshu H. Mehta, P.E. Managing Director Indian River County Solid Waste Disposal District 1325 741h Avenue SW Vero Beach, Florida 32968 Subject: Indian River County Solid Waste Disposal District 2012 Annual Permit Compliance and Monitoring Final Invoice Dear Mr. Mehta: Transmitted herewith is a project completion report for the above reference project.This work was completed in accordance with the Continuing Contract Agreement for Professional Services between Indian River County(IRC) Solid Waste Disposal District(SWDD) and CDM,Smith Inc. (CDM Smith),formerly Camp, Dresser, and McKee Inc., dated December 6, 2011,under Work Authorization No. 2 dated December 13, 2011.The final invoice (Invoice No. 80446322/12)was submitted to IRC SWDD on December 24, 2012.This project completion report is to serve as additional information to the final invoice. IRC SWDD is required to perform environmental compliance monitoring and reporting for water and air quality in accordance with the IRC Landfill's operating permits. During calendar year 2012, IRC SWDD was required to submit semi-annual reports of groundwater,surface water,and leachate quality at the IRC Landfill to the Florida Department of Environmental Protection (FDEP) in accordance with Chapter 62-701.510, F.A.C.and the Monitoring Plan Implementation Schedule (MPIS) of Permit Nos.S031-0128769-014/S031-0128769-018 and SC31-0128769-019 and S031-0128769-020. The IRC Landfill operates under a Title V Air Operation Permit(Permit No. 0610015-003-AV), which was issued on August 2, 2007,that contains monitoring and reporting requirements related to the landfill gas collection and control system. IRC SWDD is required to prepare and submit the following to FDEP and the U.S. Environmental Protection Agency(USEPA), Region 4: jj1036.docx 05 WATER+ ENVIRONMENT+TRANSPORTATION + ENERGY+FACILITIES CDM_ Smith Mr. Himanshu H. Mehta, P.E. January 4, 2013 Page 2 ■ Annual Statement of Compliance ■ Annual Operating Report ■ Annual Emission Fee ■ Results of an annual flare visible emissions test. IRC SWDD is also required to perform miscellaneous sampling and monitoring activities in compliance with the solid waste operations permit and the Multi-Sector Generic Permit(MSGP) for stormwater discharge. This project included providing the required permit compliance and monitoring services under the following tasks: ■ Task 1.0 - Project Quality Management ■ Task 2.0-Annual and Semi-Annual Water Quality Reporting ■ Task 3.0-Title V Reporting ■ Task 4. 0 - General Technical and Miscellaneous Permit Compliance Monitoring and Reporting ■ Task 5.0 -Quarterly Contamination Evaluation Monitoring TASK 1.0-PROJECT QUALITY MANAGEMENT Activities performed under this task consisted of those generally administrative functions required to assure that the project remained on schedule,within budget,and that the quality of the work products defined within this scope was consistent with CDM Smith's standards and IRC SWDD's expectations. CDM Smith met and coordinated with IRC SWDD staff for project planning. Preparation of invoices and project administration were also performed under this task. TASK 2.0-ANNUAL AND SEMI-ANNUAL SAMPLING AND REPORTING Under this task,CDM Smith assisted IRC SWDD with the annual and semi-annual water quality sampling,monitoring,and reporting in accordance with Chapter 62-701.510, F.A.C.The January °�- 2012 sampling event was performed in accordance with the Monitoring Plan Implementation CDM. Smith Mr.Himanshu H. Mehta, P.E. January 4, 2013 Page 3 Schedule (MPIS) of Permit Nos.SC31-0128769-019 and S031-0128769-020.The July 2012 sampling event was conducted in accordance with the March 7, 2011 MPIS,as modified by Florida Department of Environmental Protection (FDEP) correspondence regarding the permit renewal application for the Construction and Debris landfill at the IRC facility entitled"Second Request for Additional Information, Permit Renewal Application S031-0128769-021" dated July 5, 2012 and the response by CDM Smith on behalf of IRC dated July 16, 2012. CDM Smith contracted with Ideal Tech Service Inc. (ITS)to perform the groundwater,surface water,and leachate sampling.CDM Smith/ITS performed the January 2012 and July 2012 semi- annual sampling of the Class 1 and construction and demolition (C&D) debris landfill groundwater monitor wells for the list of semi-annual groundwater parameters of the MPIS. CDM Smith/ITS collected water level data for the groundwater monitor wells and staff gauges prior to the sampling events. CDM Smith/ITS also performed the 2012 semi-annual (January and July) sampling of the two surface water sites for analysis of the list of semi-annual surface water parameters and annual leachate sampling from the leachate monitoring sites for analysis of the list of annual leachate parameters. CDM Smith assisted IRC SWDD in coordinating the analytical testing activities with IRC's laboratory (Environmental Conservation Laboratories), notified FDEP prior to sampling as required by the MPIS, reviewed and evaluated the analytical test results,and prepared the semi-annual reports.The January 2012 Water Quality Sampling Event report was submitted to FDEP on April 12, 2012 and the July 2012 Water Quality Sampling Event report was submitted to FDEP on October 19, 2012. TASK 3.0-TITLE V PERMIT COMPLIANCE AND REPORTING The Title V Air Operation Permit(Permit No. 0610015-003-AV) for the IRC Landfill contains monitoring and reporting requirements related to the landfill gas collection and control system.In accordance with the Title V permit,CDM Smith assisted IRC SWDD,as described below, in fulfilling all air permit requirements and conditions within the required regulatory timeframes. Statement of Compliance CDM Smith prepared and submitted the 2012 annual Statement of Compliance for the IRC Landfill to FDEP on February 29, 2012 in accordance with Rule 62-213.440(3)(a)(2), F.A.C. jj1036_.docx 2-07--- CDM_ Smith Mr. Himanshu H. Mehta, P.E. January 4, 2013 Page 4 Annual Operating Report CDM Smith prepared and submitted the 2012 Electronic Annual Operating Reports for the IRC Landfill to FDEP on March 26, 2012,respectively. Annual Emissions Fee CDM Smith submitted the 2012 annual emissions fees to FDEP February 10, 2012 using FDEP Form 62-213.900(1). Visible Emissions Testing CDM Smith contracted with TRC Environmental Corporation to perform the 2012 annual visible emissions tests in order to determine the opacity of the flare.The 2012 visible emissions test was performed on April 27, 2012, submitted to FDEP on June 8, 2012,and submitted to IRC SWDD on June 12, 2012. TASK 4.0 - GENERAL TECHNICAL AND MISCELLANEOUS PERMIT COMPLIANCE ASSISTANCE CDM Smith provided general technical and permit compliance assistance to IRC SWDD staff on an as needed basis.Under this task,CDM Smith monitored the landfill gas migration monitoring wells located at the IRC Landfill site boundary,as well as enclosed structures located on site, and submitted reports of the results to FDEP on a quarterly basis.The reports were submitted to FDEP on March 13, 2012,June 13,2012, October 2, 2012,and December 17, 2012. CDM Smith provided general technical assistance with regard to the Multi-Sector Generic Permit (MSGP) for stormwater discharge. CDM Smith submitted the Year 2 Analytical Monitoring Period quarterly discharge monitoring reports for calendar year 2011 to FDEP on January 31, 2012. TASK 5.0-QUARTERLY CONTAMINATION EVALUATION MONITORING IRC SWDD agreed to quarterly contamination evaluation monitoring in accordance with monitoring plans included in the Contamination Evaluation Report as modified and approved in the FDEP letter dated October 7, 2010.Under this task,CDM Smith/ITS collected the samples in accordance with the approved plans including coordination with IRC SWDD,water level measurements, data review and analysis, and reporting. CDM Smith/ITS performed the 2012 quarterly(January,April,and July October) sampling of seven `�- groundwater monitoring wells (MW-1S, MW-2S, MW-3S, MW-13S, MW-C1, MW-C2 and MW-C3) for rVa 4V0 _ CDM_ Smith Mr. Himanshu H. Mehta, P.E. January 4, 2013 Page 5 analysis of iron,chlorides,TDS, sodium,ammonia,nickel, arsenic, silver,thallium,hardness, BODS, COD,total nitrogen,and total phosphate. CDM Smith/ITS collected water level data for the groundwater monitor wells and staff gauges during each sampling event. CDM Smith/ITS also performed the 2012 quarterly(January,April,and July) sampling of six surface water sites (C5- SW1,C5-SW2, C5-SW3, C5-SW6, LC-SW4,and LC-SW5) for analysis of iron,chlorides,TDS,sodium, ammonia, nickel,arsenic,silver,thallium,hardness, BODS, COD,total nitrogen,total phosphates, unionized ammonia, and chlorophyll A. Based on recommendations contained in the Water Quality Monitoring Report dated April 2012, FDEP approved cessation of quarterly monitoring and an October sampling event was not necessary. The results of the contamination evaluation monitoring performed in October 2011 (performed under separate work order) and January 2012 were reported in the January 2012 Water Quality Monitoring Report dated April 2012.The results of the contamination evaluation monitoring performed in April 2012 and July 2012 were reported in the July 2012 Water Quality Monitoring Report dated October 2012. CDM Smith utilized the data from the April 2012 and July 2012 monitoring events to make the recommendation that evaluation monitoring of groundwater and surface water associated with the C-5 Canal is no longer required.The July 2012 Water Quality Monitoring Report dated October 2012 is the last semi-annual water quality monitoring report that will address evaluation monitoring of groundwater and surface water associated with the C-5 Canal. CDM Smith appreciates the opportunity to provide these services to IRC. If you have any questions or require additional information on the above project,please contact me. Sincerely, evin N.Vann, P.E., BCEE Senior Project Manager CDM Smith Inc. KNV/jj File: PW.6706-89649.01.04.20 cc: Vincent Burke, IRC I CDM Reeived by SMD smithrt _� E. amu. 1701 Highway A-1-A,Suite 301 Vero Beach,Florida 32963 Indian River County tel: +1 772 231-4301 ft 1 ,,n fax:+1 772 231-4332 �a11ut��� cdmsmith.com Please Remit To: INDIAN RIVER COUNTY FLORIDA CDM SMITH INC. MR.HIMANSHU MEHTA,P.E. - 15050 COLLECTIONS CENTFR DRIVE MANAGING DIRECTOR CHICAGO,ILLINOIS 60693 1325 74TH AVENUE S.W. VERO BEACH,FLORIDA 32960 DECEMBER 24,2012 INVOICE NUMBER:80446322/12 PROJECT NUMBER:89649 PAYMENT REQUEST NO:12 Amount Due $3,351.40 This Invoice: FLEA SE IPCL UDE INVOICE A'U_MBFR ON ALL CORRE-SPONDENCE In accordance with the Continuing Contract Agreement for Professional Services dated December 6,2011 and Work Order Number 2 dated December 13,2011,we are submitting the following invoice for Professional Engineering Services as described below: RE: 2012 ANNUAL PERMIT COMPLIANCE,MONITORING,and REPORTING. IT-''lied services through December 15,2012. 'N.K 1 -PROJECT QUALITY MANAGEMENT Contract Amount: $ 19,370.00 Lump Sum Amount: $ 19,370.00 Percent Complete: 100.00% Billed ITD:$ 19,370.00 Less Previously Invoiced: $ 17,820.40 Amount Due:$ 1,549.60 TASK 2 -ANNUAL AND SEMI-ANNUAL WATER QUALITY SAMPLING Contract Amount: $ 39,399.00 Lump Sum Amount: $ 39,399.00 Percent Complete: 100.00% Billed ITD: $ 39,399.00 Less Previously Invoiced: $ 39,399.00 Amount Due: $ 0.00 • I WATER+ ENVIRONMENT+TRANSPORTATION + ENERGY+ FACILITIES CDM Smith N*Mw Please Remit To: INDIAN RIVER COUNTY FLORIDA CDM SMITH INC. MR.HIMANSHU MEHTA,P.E. 15050 COLLECTIONS CENTER DRIVE MANAGING DIRECTOR CHICAGO,ILLINOIS 60693 1325 74TH AVENUE S.W. VERO BEACH,FLORIDA 32960 DECEMBER 24,2012 INVOICE NUMBER:80446322/12 PROJECT NUMBER:89649 PAYMENT REQUEST NO: 12 Amount Due $3,351.40 This Invoice: PLEASE Il'CLUDE INVOICE PVMFER ON ALL CORRESPONDENCE TASK 3 - TITLE V PERMIT COMPLIANCE AND REPORTING Contract Amount: $ 13,000.00 Lump Sum Amount: $ 13,000.00 ,r Percent Complete: 100.00% Billed ITD: $ 13,000.00 Less Previously Invoiced: $ 13,000.00 Amount Due:$ 0.00 TASK 4 - GENERAL TECHNICAL AND MISCELLANEOUS PERMIT COMPLIANCE REPORTING Contract Amount:$ 10,010.00 Lump Sun Amount: $ 10,010.00 Percent Complete: 60.00% Billed ITD: $ 6,006.00 Less Previously Invoiced:$ 4,204.20 Amount Due: $ 1,801.80 2 i CDM Smith Please Remit To: INDIAN RIVER COUNTY FLORIDA CDM SMITH INC. MR.HIMANSHU MEHTA,P.E. 15050 COLLECTIONS CENTER DRIVE MANAGING DIRECTOR CHICAGO,ILLINOIS 60693 1325 74TH AVENUE S.W. VERO BEACH,FLORIDA 32960 DECEMBER 24,2012 INVOICE NUMBER:80446322/12 PROJECT NUMBER:89649 PAYMENT REQUEST NO:12 Amount Due $3,351.40-, This Invoice: PLEASE IA'CLUDE INVOICE NU1111BER ON ALL CORREE4PONDE_NCE TASK 5 - QUARTERLY CONTAMINATION EVALUATION MONITORING Contract Amount:$ 27,504.00 Lump Sum Amount: $ 27,504.00 ... Percent Complete: 100.00% Billed ITD: $ 27,504.00 Less Previously Invoiced: $ 27,504.00 Amount Due: $ 0.00 3 I CDM. Smith Please Remit To: INDIAN RIVER COUNTY FLORIDA CDM SMITH INC. MR.HIM,&NSHU MENTA,P.E. 15050 COLLECTIONS CENTER DRIVE MANAGING DIRECTOR CHICAGO,ILLINOIS 60693 1325 74TH AVENUE S.W. VERO BEACH,FLORIDA 32960 DECEMBER 24,2012 INVOICE NUMBER:80446322/12 PROJECT NUMBER:89649 PAYMENT REQUEST NO:12 Amount Due $3,351.40 This Invoice: PZ.E_A_V INCL UDE LNVOICE NL40ER O_N AL1.CORRESPONDENCE Contract Amount:$ 109,283.00 Lump Sum Amount: $ 109,283.00 Percent Complete: 96.34% Billed ITD: $ 105,279.00 w.. Less Previously Invoiced: $ 101,927.60 Amount Due:$ 3,351.40 Total: $ 3,351.40 Ashan Nabbie,Senior Contract Administrator Date I certify that everything on this invoice is correct. Solid Waste Disposal District`(SWDD) Acct.# i Director Managing Director 4 )563 INDIAN RIVER COUNTY , v_n SOLID WASTE DISPOSAL DISTRICT q �LpRIpA BOARD MEMORANDUM Oe -- ---- Date: January 4, 2013 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services# Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District .�'1, Subject: Work Order No. 7 to CDM Smith, Inc. for Engineering Services with the 2013 Annual Permit Compliance Monitoring and Reporting BACKGROUND: The Solid Waste Disposal District (SWDD) landfill operation is a highly regulated activity, which requires environmental compliance documentation in accordance with several different permits. Many of the compliance reports are prepared and certified by a third party professional engineer. This agenda item requests authorization to engage the engineering firm of CDM Smith, Inc. (CDM Smith)to prepare and seal the following reports: 1. Semi-annual, and annual reports to assess the characteristics of ground and surface water at the site generated by the Class I landfill in accordance with the site's landfill permits; 2. Annual reports required by the site Title V air quality permit including the annual operating report and the flare emission testing report; In addition, SWDD often requires engineering, technical and construction services assistance in connection with annual facility upgrade, compliance and operation. Approval of engineering contingency fund for such services allows SWDD to respond to issues that may arise from time to time on quick notice. ANALYSIS: CDM Smith has prepared Work Order No. 7, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for each of the tasks. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the engineer's continuing consulting services master agreement. The tasks are listed below showing the expected completion dates and their estimated fees. SWDD Agenda-WO No 7 CDM Smith 2013 Annual Permit Compliance Monitoring&Reporting Page 1 214 TASK DESCRIPTION DUE DATE AMOUNT Task 1 Project Quality Management 1/1/13— 12/31/13 $19,370 Semi-Annual Water Quality Sampling & Reporting January 2013 Task 2 p g $39,680 Annual Compliance Sampling & Reporting July 2013 Visible Emissions Testing 4/30/13 Task 3 $15,740 Title V Permit Compliance Monitoring 9/1/13 Task 4 General Technical Assistance 1/1/13— 12/31/13 $10,010 TOTAL (Lump Sum) _ $84,800 The costs above are consistent with what SWDD has paid historically for these services and is less than that approved for the 2012 Annual Compliance Monitoring and Reporting (Work Order No. 2 approved on January 13, 2012), which totaled $109,283. The significant decrease is due to the elimination of quarterly contamination evaluation monitoring that ended in July 2012. The above costs include outside professional services in the amount of $10,500 for groundwater sampling services and annual visible emission testing. The above costs do not include laboratory analysis which will be invoiced by ENCO laboratories under direct contract with SWDD. ACCOUNT INFORMATION: Funding for the 2013 Annual Permit Compliance Monitoring and Reporting is budgeted and available in the Engineering Services account in the SWDD Landfill Fund which is funded from SWDD assessments and user fees. The account has a total budget of $273,250 for the 2012/2013 fiscal year. DESCRIPTION ACCOUNT NO. AMOUNT Engineering Services 41121734-033130 $84,800 RECOMMENDATION: SWDD staff recommends that its Board approve the following: a) Approve Work Order No. 7 with CDM Smith, Inc. in the amount of $84,800 to provide engineering services related to the 2013 Annual Permit Compliance Monitoring and Reporting. b) Authorize the Chairman to execute the same, as presented. SWDD Agenda-WO No 7 CDM Smith 2013 Annual Permit Compliance Monitoring& Reporting Page 2 215 ATTACHMENT: 1) Work Order No. 7—CDM Smith APPROVED FOR AGENDA: By: �, ai2jl Indian River Co. Approved Date Josep A. Baird, County Administrator Administration /� 13 Budget �3 For: �l Legal Date SWDD �3 SWDD C SWDD Agenda-WO No 7 CDM Smith 2013 Annual Permit Compliance Monitoring& Reporting Page 3 216 WORK ORDER NUMBER 7 This Work Order Number 7 entered into as of this day of January, 2013 pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of December 6, 2011 (the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and CDM Smith Inc., (CDM Smith) ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS CDM Smith Inc. OF INDIAN RIVER COUNTY By: By: Chairman Title: Associate BCC Approved Date: Attest:Jeffrey R. Smith,Clerk of Court By: Deputy Clerk Approved: seph A. Baird, ounty Admini trator Approved as to form and legal sufficiency: Alan : Polackwich, Sr., County Attorney 1J1028 WOForm7.docx 217 EXHIBIT A SCOPE OF PROFESSIONAL SERVICES INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR ANNUAL PERMIT COMPLIANCE MONITORING AND REPORTING WORK ORDER NO. 7 This Authorization,when executed,shall be incorporated in and become part of the Contract for Consulting/Professional Services between the Indian River County Solid Waste Disposal District (IRC SWDD),and CDM Smith Inc. (CDM Smith), dated December 6, 2011 hereafter referred to as the Contract. BACKGROUND Semi-annual reports of groundwater quality at the IRC SWDD Landfill must be submitted to the Florida Department of Environmental Protection (FDEP) in accordance with Chapter 62-701.510, Florida Administrative Code (F.A.C.) and the Monitoring Plan Implementation Schedule(MPIS)of Permit Nos. SC31-0128769-019 and S031-0128769-020 as modified by Florida Department of Environmental Protection(FDEP) correspondence regarding the permit renewal application for the Construction and Debris landfill at the IRC facility entitled"Second Request for Additional Information, Permit Renewal Application S031-0128769-021" dated July 5, 2012 and the response by CDM Smith on behalf of IRC dated July 16, 2012.Water levels are measured and samples of ^' groundwater and surface water are collected in January and July in accordance with MPIS and the Second Request for Additional Information,Permit Renewal Application S031-0128769-021 dated July 5, 2012 and the response by CDM Smith on behalf of IRC dated July 16, 2012.The requirement for leachate sampling and analyses was removed when Chapter 62-701, F.A.C.was revised in August 2012. Two semi-annual monitoring reports that document the sampling events will be required in calendar year 2013. It is expected that the MPIS will be modified to incorporate the revisions to the monitoring program as described in the Second Request for Additional Information, Permit Renewal Application S031-0128769-021 dated July 5, 2012 and the response by CDM Smith on behalf of IRC dated July 16, 2012. Semi-annual sampling of the Class I and construction and demolition(C&D) debris landfill groundwater monitor wells (42 in January and 24 in July) shall be performed in January and July of 2013 for the list of Semi-Annual Ground Water Parameters identified in Paragraph 8 of the MPIS and Second Request for Additional Information, Permit Renewal Application S031-0128769-021 dated July 5, 2012 and the response by CDM Smith on behalf of IRC dated July 16,2012,which is included by reference in Permit Nos.SC31-0128769-019 and S031-0128769-020.CDM Smith understands that additional new or replacement groundwater monitor wells will be installed in the future under Permit Nos. SC31-0128769-019 and 5031-0128769-020.Sampling of proposed new or replacement groundwater monitor wells required by Permit Nos.SC31-0128769-019 and S031- 0128769-020 beyond those currently installed and included in the groundwater quality monitoring program (42 in January and 24 in July) are not included this Scope of Services. A-1 jjlo37.docx 218 Samples from six surface water sites shall be collected in January and July. Samples from two of the locations associated with the stormwater pond and outfall will be analyzed for the list of Semi- Annual Surface Water Parameters identified in Paragraph 14 of the MPIS,which is included by reference in Permit Nos.SC31-0128769-019 and S031-0128769-020. Samples from the remaining four locations will be analyzed for the parameters listed in the Second Request for Additional Information, Permit Renewal Application 5031-0128769-021 dated July 5, 2012 and the response by CDM Smith on behalf of IRC dated July 16, 2012. CDM Smith will assist IRC SWDD Staff with the field sampling activities.Analytical testing will be conducted by Environmental Conservation Laboratories (ENCO),the analytical laboratory contracted by IRC SWDD.The results of the semi-annual water quality monitoring events will be reported to FDEP within 60 days of receipt of analysis from the laboratory as required by Paragraph 29 of the MPIS and Chapter 62-701.510(9)(a),which is included by reference in Permit Nos.SC31-0128769-019 and S031-0128769-020. The IRC Landfill also operates under a Title V permit(Permit No:0610015-004-AV) issued on July 16, 2012,which contains monitoring and reporting requirements related to the landfill gas collection and control system.IRC SWDD is required to prepare and submit the following to FDEP and the U.S. Environmental Protection Agency(USEPA),Region 4: ■ Annual Statement of Compliance (within 60 days after the end of the calendar year); ■ Annual Operating Report(on or before April 1 of the following year); and ■ Results of an annual flare visible emissions test(within 45 days of testing). SCOPE OF SERVICES wr.. CDM Smith will undertake the annual permit compliance monitoring and reporting,which will include the following tasks: Task 1: Project Quality Management Task 2: Semi-Annual Water Quality Sampling and Reporting Task 3: Title V Permit Compliance and Reporting; and Task 4: General Technical and Miscellaneous Permit Compliance Reporting The below Scope of Services is based on regulations and monitoring and reporting requirements as of the authorization date of this Work Order.An amendment to this Scope of Services may be needed if there are any regulatory changes that result in additional work. TASK 1.0-PROJECT QUALITY MANAGEMENT Activities performed under this task consist of those generally administrative functions required to assure that the project remains on schedule,within budget,and that the quality of the work products defined within this scope is consistent with CDM Smith's standards and IRC SWDD's expectations. CDM Smith will meet with IRC SWDD staff monthly for project planning and coordination.CDM Smith's project manager will prepare and submit monthly status reports and attend status reporting meetings throughout the life of the project. It is estimated that meetings will be held on the average of once a month. Preparation of invoices and project administration will also be ,. performed under this task. A-2 jj1037,docx 219 19 TASK 2.0-SEMI-ANNUAL WATER QUALITY SAMPLING AND REPORTING CDM Smith will assist IRC SWDD with all sampling preparation activities,including scheduling, •• staffing,subcontracting, and field equipment preparation.CDM Smith will perform the field testing, sample collection,and water-level measurements.CDM Smith will contract with Ideal Tech Services Inc.(ITS)to perform the groundwater and surface water sampling.CDM Smith/ITS will perform the semi-annual (January and July) sampling of the Class I and construction and demolition (C&D) debris landfill groundwater monitor wells (42 in January and 24 in July) for the list of Semi-Annual Ground Water Parameters identified in Paragraph 8 of the MPIS,included in Permit Nos. SC31-0128769-019 and S031-0128769-020 as modified by the Second Request for Additional Information, Permit Renewal Application S031-0128769-021 dated July 5, 2012 and the response by CDM Smith on behalf of IRC dated July 16,2012.CDM Smith/ITS will collect water level data for the groundwater monitor wells and staff gauges prior to the sampling event. CDM Smith/ITS will also perform semi-annual (January and July) sampling of the six surface water sites for analysis of the list of Semi-Annual Surface Water Parameters identified in Paragraph 14 of the MPIS included in Permit Nos.SC31-0128769-019 and S031-0128769-020 as modified by the Second Request for Additional Information, Permit Renewal Application S031-0128769-021 dated July 5,2012 and the response by CDM Smith on behalf of IRC dated July 16, 2012. It is estimated that data collection and sampling will take five days to complete per sampling event. In the event that FDEP requires resampling of groundwater monitoring wells,the labor and materials will be invoiced under Task 4 of this Scope of Services. If the resampling is the result from errors made by the sampling staff, IRC will not be invoiced. CDM Smith/ITS will deliver the samples to the ENCO Orlando office for analysis. ENCO will perform the laboratory analysis under IRC SWDD's contract.CDM Smith will assist IRC SWDD in coordinating the analytical testing activities with ENCO,notify FDEP prior to sampling as required by the MPIS, review and evaluate the analytical test results, and prepare the semi-annual reports. CDM Smith will prepare two semi-annual reports that will be submitted to FDEP within 60 days of receipt of valid laboratory results from the laboratory that is contracted by IRC SWDD to analyze samples.Services included in preparing the semi-annual reports entail: ■ Review of laboratory results with respect to FDEP groundwater quality criteria and historical laboratory results. If review of the data indicates potential errors in the results or concentrations of analyses that could potentially result in enforcement action,CDM Smith will notify IRC SWDD prior to preparing the report and request confirmatory samples,if needed. ■ Preparation of semi-annual monitoring reports for the January and July monitoring events.The reports will include brief discussions of the results,water level contour maps,and copies of the analytical reports.A draft report will be submitted for review,if requested. ■ CDM Smith will prepare three copies of the final report for submittal to FDEP and will provide one file copy to IRC SWDD. IRC SWDD will provide copies of analytical reports in electronic format(AdApt,or other electronic format accepted by FDEP). Iftw A-3 jj1037.docx 220 TASK 3.0-TITLE V PERMIT COMPLIANCE AND REPORTING Title V Permit No. 0610015-004-AV,which is the current permit as of the date of this work order, �.- contains monitoring and reporting requirements related to the landfill gas collection and control system.CDM Smith will assist IRC SWDD,as described below,in fulfilling all air permit requirements and conditions within the required regulatory timeframes. Statement of Compliance CDM Smith will prepare and submit the annual Statement of Compliance for the IRC Landfill.This document must be submitted to FDEP within 60 days after the end of the calendar year,as required by Rule 62-213.440(3)(a)(2), F.A.C. Annual Operating Report CDM Smith will prepare and submit the Annual Operating Report for the IRC Landfill.This report must be submitted to FDEP on or before April 1 of each calendar year using the annual operating report form for an air pollutant emitting facility,as required by Rule 62-210.370(3),F.A.C. CDM Smith will estimate the annual emission rates of non-methane organic compounds and volatile organic compounds from the landfill gas to determine the IRC Landfill's status with regard to operation and reporting requirements of the active landfill gas collection and control system under the New Source Performance Standards requirements. Annual Emissions Fee IRC SWDD is responsible for providing CDM Smith with the required fee.CDM Smith will submit the annual emissions fee documentation to FDEP between January 15 and March 1 using completed FDEP Form 62-213.900(1). %WW Visible Emissions Testing CDM Smith will contract with a certified observer to perform the annual visible emissions test in order to determine the opacity of the flare.CDM Smith will provide oversight of the annual visible emission testing of the flare,notify FDEP of the time and location of the test,and prepare and submit to FDEP a report of the test results. TASK 4.0-GENERAL TECHNICAL AND MISCELLANEOUS PERMIT COMPLIANCE ASSISTANCE CDM Smith will provide general technical and permit compliance assistance to IRC SWDD staff on an as needed basis. IRC SWDD staff is performing a number of the tasks required annually by the current FDEP landfill permits.CDM Smith will provide support as needed for the SWDD staff as they perform these tasks. General technical and permit compliance assistance tasks may include: ■ Reporting required by the Multi-Sector Generic Permit for stormwater discharge; ■ Quarterly monitoring and reporting of the landfill gas monitoring wells located at the IRC Landfill site boundary,as well as enclosed structures located on site; ■ Submittal of records of groundwater dewatering volumes to St.Johns River Water Management District in compliance with the consumptive use water permit; ■ Preparing agenda items for and attending IRC Board of County Commissioners meetings, ■ Developing annual IRC SWDD budgets,and ■ Miscellaneous permit renewals or technical support ■ Sampling and reporting for additional monitor wells, surface water,leachate, etc. A-4 jjl037.docx 221 ASSUMPTIONS ■ This Scope of Services and cost proposal is based on solid waste operations Permit Nos. SC31-0128769-019 and S031-0128769-020 and the groundwater monitor wells,leachate sampling sites, and surface water monitor sites that are installed as of the date of this work order. ■ CDM Smith understands that additional new or replacement groundwater monitor wells will be installed in the future under Permit Nos.SC31-0128769-019 and S031-0128769-020.Sampling of proposed new or replacement groundwater monitor wells required by Permit Nos.SC31- 0128769-019 and 5031-0128769-020 beyond those currently installed and monitored(40 in January and 24 in July) are not included this Scope of Services. ■ Assistance in revising the MIPS is not included in this Scope of Services. ■ Laboratory analysis is not included in this Scope of Services. ■ This Scope of Services and cost proposal is based on the Title V Permit No. 0610015-004-AV, which is the current permit as of the date of this work order. ■ This Scope of Services does not include meetings with the Florida Department of Environmental Protection. DATA OR ASSISTANCE TO BE PROVIDED BY IRC SWDD ■ Existing data available on construction of the existing groundwater monitor wells ■ Available site surveys ■ Available record information ■ Laboratory analytical reports and direct access to laboratory personnel ■ Access to sampling site ■ Annual Emissions fee (IRC SWDD qualifies for the one-time 2012 Title V Fee Discount) PROJECT SCHEDULE The following project schedule has been developed based on receiving authorization on before December 20, 2012. Task 1: January 1,2013 through December 31, 2013 Task 2: January 2013 and July 2013 (Includes sampling events, review and validation of results, and completion/submittal of reports within 60 days of receipt of laboratory analysis) Task 3: Statement of Compliance March 1, 2013 Annual Operating Report April 1, 2013 Semi-Annual Operating Report March 1, 2013 and September 1, 2013 Annual Emissions Fee Between January 15, 2013 and March 1, 2013 Task 4: January 1,2013 through December 31, 2013 A-5 jj1037.docz 222 PAYMENT AND COMPENSATION Compensation for the Scope of Services described herein shall be made on the basis of a lump sum �.. fee.The annual lump sum fee for Tasks 1.0 through 4.0, inclusive, is$84,800 as shown in Exhibits B. CDM Smith will invoice IRC SWDD on a monthly basis based on percent complete of each task.For invoice purposes only,the value of each task is as shown in the Table 1. Table 1 TASK VALUE FOR INVOICE PURPOSE TASK DESCRIPTION VALUE 1 Project Quality Management $19,370 2 Annual and Semi-Annual Water Quality Sampling $39,680 3 Title V Permit Compliance and Reporting $15,740 4 General Technical and Miscellaneous Permit Compliance Reporting $10,010 TOTAL WORK ORDER NO.8 LUMP SUM $84,800 `*r. A-6 jj1037.docx 223 EXHIBIT B PROJECT BUDGET INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR ANNUAL PERMIT COMPLIANCE MONITORING REPORTING WORK ORDER NO. 7 PROJECT: IRC SWDD Annual Permit Compliance Monitoring Reporting Services DESCRIPTION: Task 1.0- Project Quality Management CONTRACT REFERENCE: Agreement between the Indian River County Board of County Commissioners and CDM Smith Inc. Labor Category Hours Rate Total Officer 4 $200 $800 Associate 4 $190 $760 Principal 12 $180 $2,160 Senior Professional 50 $150 $7,500 Professional Il 30 $130 $3,900 Professional 24 $100 $2,400 Project Administration 10 $85 850 Total Hours 134 Total Salary Cost $18,370 Other Direct Costs $1,000 TOTAL LUMP SUM FEE For the basic services under this Agreement, IRC SWDD agrees to pay the Consultant a lump sum fee$19,370.Partial payments will be made on a monthly basis in accordance with the referenced contract. B-1 J1037.docx 224 EXHIBIT B PROJECT BUDGET INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR ANNUAL PERMIT COMPLIANCE MONITORING REPORTING WORK ORDER NO. 7 PROJECT: IRC SWDD Annual Permit Compliance Monitoring Reporting Services DESCRIPTION: Task 2.0-Annual and Semi-Annual Water Quality Sampling and Reporting CONTRACT REFERENCE: Agreement between the Indian River County Board of County Commissioners and CDM Smith Inc. Labor Category Hours Rate Total Officer 2 $200 $400 Associate 8 $190 $1,520 Principal 24 $180 $4,320 Senior Professional 70 $150 $10,500 Professional II 48 $130 $6,240 Professional 22 $100 $2,200 Senior Support 6 $120 $720 Staff Support 12 $85 $1,020 Project Administration 16 $85 $1,360 Total Hours 208 Total Salary Cost $28,280 Other Direct Costs $1,900 Outside Professional Services (Ideal Tech Services, Inc.) $9,500 TOTAL LUMP SUM FEE $39.680 For the basic services under this Agreement, IRC SWDD agrees to pay the Consultant a lump sum fee of$39,680. Partial payments will be made on a monthly basis in accordance with the referenced contract. B-2 J1037.docx 225 25 EXHIBIT B PROJECT BUDGET INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR ANNUAL PERMIT COMPLIANCE MONITORING REPORTING WORK ORDER NO. 7 PROJECT: IRC SWDD Annual Permit Compliance Monitoring Reporting Services DESCRIPTION: Task 3.0 -Title V Permit Compliance and Reporting CONTRACT REFERENCE: Agreement between the Indian River County Board of County Commissioners and CDM Smith Inc. Labor Category Hours Rate Total Officer 2 $200 $400 Associate 2 $190 $380 Principal 8 $180 $1,440 Senior Professional 22 $150 $3,300 Professional II 48 $130 $6,240 Professional 8 $100 $800 Senior Support 2 $120 $240 Staff Support 6 $85 $510 Project Administration 8 $85 680 Total Hours 106 Total Salary Cost $13,990 Other Direct Costs $750 Outside Professionals (TRC Environmental) $1,000 TOTAL LUMP SUM FEE For the basic services under this Agreement, IRC SWDD agrees to pay the Consultant a lump sum fee$15.740.Partial payments will be made on a monthly basis in accordance with the referenced contract. w.. B'3 J1037.docx 226 EXHIBIT B PROJECT BUDGET INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR ANNUAL PERMIT COMPLIANCE MONITORING REPORTING WORK ORDER NO. 7 PROJECT: IRC SWDD Annual Permit Compliance Monitoring Reporting Services DESCRIPTION: Task 4.0 -General Technical and Miscellaneous Permit Compliance Reporting CONTRACT REFERENCE: Agreement between the Indian River County Board of County Commissioners and CDM Smith Inc. Labor Category Hours Rate Total Officer 2 $200 $400 Associate 4 $190 $760 Principal 8 $180 $1,440 Senior Professional 20 $150 $3,000 Professional II 14 $130 $1,820 Professional 10 $100 $1,000 Senior Support 2 $120 $240 Staff Support 4 $85 $340 Project Administration 6 $85 510 Total Hours 70 Total Salary Cost $9,510 Other Direct Costs 500 TOTAL LUMP SUM FEE $ For the basic services under this Agreement,IRC SWDD agrees to pay the Consultant a lump sum of $10,010. Partial payments will be made on a monthly basis in accordance with the referenced contract. B-4 jj1037.docz 227