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11/05/2013AP-A
PROCLAMATION HONORING JOHN JOSEPH LICARDI FOR ATTAINING THE RANK OF EAGLE SCOUT WHEREAS, the Eagle Scout is the highest rank of recognition in Scouting and a young man must exemplify the highest ideals of the Boy Scout movement to qualify for this rank; and WHEREAS, to earn the rank of Eagle Scout, a Boy Scout must advance through five ranks, Tenderfoot, Second Class, First Class, Star, Life and Eagle. A scout must earn 21 merit badges; in addition to many other requirements John has not only earned the required 21 badges, but continues to work towards advancing that achievement by continuing to earn more. John is currently at 34 merit badges, of which he is eligible every three months to advance his Eagle rank by receiving Eagle Palms. He is a Brotherhood member of the Order of the Arrow, Scouting's nationally recognized honor society; and WHEREAS, John was a Cub Scout in pack 503 and earned the Arrow of Light, the highest recognition available at the level; and WHEREAS, John is a valued member of Boy Scout Troop 558, and is a dedicated young man who has earned the respect and admiration of his fellow scouts through his active participation in the many programs sponsored by the Boy Scouts of America; and WHEREAS, John has truly exhibited a commitment to the scouting principles while participating in such other community activities as volunteering for many veterans' organizations and Salvation Army of Vero Beach, He attends Grace Baptist Church; and WHEREAS, John's Eagle Scout community service project; the makeover and enhancement of .. the playground at Grace Baptist Church improves the quality of life for many children in Indian River County; and WHEREAS, the citizens of Indian River County have benefited by John's commitment to scouting and applaud him for his attainment of the rank of Eagle Scout. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Board recognizes the accomplishments of John Joseph Licardi, and honors him for his achievement. Adopted this 5t'day of November, 2013 BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA J6seph E Flescher, Chairman ,Q ftDavis, ce Chairman Peter D. O'Bryan Bob Solari ..- Tim 1 PROCLAMATION DESIGNATING NOVEMBER 11 , 2013 AS VETERANS DAY WHEREAS, on May 13, 1928, Congress approved an Act designating November 11th as Armistice Day, commemorating the end of World War I and paying tribute to the heroes of that war, and on June 1, 1954, Congress approved an Act changing the name of Armistice Day to Veterans Day in order to also pay tribute to the veterans of World War II and veterans of all wars who have contributed so much to the preservation of our Nation-, and WHEREAS, over 18,000 veterans of all wars presently reside in Indian River County, which is host to approximately 20 veteran organizations-, and WHEREAS, local veterans, individually and collectively as members of veteran organizations, contribute in many ways to the welfare and betterment of the social, cultural and economic life of Indian River County-, and WHEREAS, the Indian River County Veterans Council consisting of representatives from various City and County veteran organizations annually observe Veterans Day, as well as all patriotic observance days, by holding ceremonies at Veterans Memorial Island Sanctuary in Vero Beach and Veterans Memorial at Riverview Park in Sebastian. �.. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that November 11, 2013 be designated as VETERANS DAY in Indian River County, and the Board urges all residents to fly the American flag to pay tribute to all veterans living and deceased, and to attend Veterans Day services at Veterans Memorial Island Sanctuary and Veterans Memorial at Riverside Park on November 11 ih Adopted this 5'h day of November, 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA IV O� ph E. Flescher, C airman Wesley S Davis, ice Chairman Peter D. Q' Bryan Tim or 4 l Bob Solari 2 The story behind the buses... • Through the combined efforts of the Veterans Council,;, ® � two 30 passenger buses with minimal mileage that had *� � been used by the federal government at Guantanamo Bay, r were located and available for purchase. Previous fund- raising efforts allowed the Council to procure the first bus. The second bus was procured through the generous contribution of$50,000 from the George E Warren Cor- poration, Tom Coir,President/CEO and the $13,000 pro- ceeds of a golf tournament sponsored b the American g P Y � � Security Council Foundation, Dr.Henry Fisher,President x, '% iv_K4 , and CEO. The first bus was artistically airbrushed by x773 3T262 � �Tl G�atG]]el � ; Vietnam Veteran Mike Jaholkowslti's daughters, Patt, �i; + raboa ate3Y Chrissy, and Maricia. Mike not only provided the facility for painting but has reconfigured both buses to accommo date four power wheelchairs and 24 passengers. The second bus was free-handed by Barbara Sharp, a local 772:633 5945�` scottcarspn"C�be]tsauth net artist from Sebastian, whose patriotic "turtle" stands in front of the County Administration Building A. Cookie •a.,. ,r . and Leo Arnold contributed the paint and the facility for the painting. The countless hours that went into these 772.778.3974 CiaplalnfliC@goomGastnet'� works of art make us proud to be members of the Veter- ans Council and residents of Indian River County. These efforts serve as an inspiration for all those whose sole 772.5$4 3204. vi6dj f 48:C hotmsll� d n; :;. criteria are"caring"about veterans. v" Indian River County's lip f �' Y 772 360 5536= st�vesacl�mal�C�cox�t�ast net iia• tlxM�a ctr■tiAs J e a ` `f.�"wF� `ia � 1� 305 g 862 ca Q �u4hei � _ VETERANrving S Veterans Se COUNCIL , w w �, +'fir ,, �� �• �sem` Veterans w■- �'" r � 772 59 e dis �VPoQTla1Ia60Iriry �7Y�t7rri�;YHiin�to-dol" A 1800 27th St ach, FL 32960 Vero Be, �' � � f •�2Mt— "...jr'.—.ffiTi q.d AJ!"� ,� 9 .I��f'a�t P� Rfd-'�'tG O��Y aY9..�.W�¢.' "America's veterans embody the cmi.e thus[ kr)U%v ;1nd ideals .on which America • . - • •. . . • - tiil'ti.f-c FrilN n 4?•71ti" 3• prw4founded more than 229 • . -• • • - •- • • III fur' frO X10M. • • • • Franklin Delano Roosevelt StLve Buyer 4 - Mmate vocation Design Publication _ 1 s l` ` Looking for Camaraderie? �t �g r.,+�Y�y it✓XA y s � -a spirit ffanailiatity and trust existing between friends. This word is typically used when speaking about teananaates, military troops, and friends �.�� solution. The program is members volunteer at the ated into the national Community Upward American funded by the generous store. Additionally, the Blueprint program, sponsored in Veterans>> contributions of the com- Victory Center will be part by the Military Officers of munity. used as an educational America Association. Community I The Veterans Council facility for the Blueprint is designed s formed a Committee called Victory Center»> v benefit of the to focus on eight areas * Y Upward American Veterans �e e �Lls COl1n61 'WUas 1Z106 Orated "on � community by � affecting the returning r to identify,research,and The Veterans Council was tproviding classes veteran. Veterans Out- �e�7>UaYY , 79g`� ciT)Ch WaS. 1111t1a1y CO171- help veterans in financial the driving force behind the taught by the reach is responsible for pose0eteTaXl's OT a11Zat10riS such as the need. The program was creation of the Victory g veterans who are locating returning m developed to support the Center Military Store in the ` experts in their troops,utilizing e' az�feglon and_Ueerans ofrForeign p p , g social _ s a; > M veteran and his or her family Simon owned Indian River field. t ` her 1111t1c o�7�e� E°`O 't le°Veterans who find themselves in fi- Mall . The organization is media to introduce them to the a "z a r y resources available and developing -C,o 2i aSOGOO1C�111ate Cle aCt1V1t1eS Of nancial distress through no a 501(c)3 with the store Veterans ©CltreaCh»> programs that focus on veteran fault of their own. A team designed as a separate retail red11S ®1gdLJ1Zc'fTO11S Of �11C�1�n`R1VeT of experts determines ossi- enterprise with profits The Veterans Council formed needs. The Council has the capa ` P P pr p tx + e a17T1111 ' �1C e7CeCU�lon ,-of. ble solutions to problems being divided between the a comnuttee called Veterans bility to make this stressful and yet x ' Outreach primarily to support exciting time easier for the veter- e�� ��et ]'df1 �C�1aSMlOT1 that may involve lack of Veterans Council for pur- p y pp at employment,budgeting,etc. chase of the next bus and the returning veterans of Iraq an. The program is funded by the al7lO�Tlate (OIF)and Afghanistan(OEF). generous contributions of the com- rl. and actively engages in a the organizations whose The conmuttee was incorpor- munity. P, }7721226.1695 Every Generation Working Together»> r +rr ;� � r�,"E, ,r re � �` � The Council comes together to lel ,( k r 11� !$(jE>t1 4 lwi +d�}rEhf" , r�lni t i( ryt ,ell ext ��t, 17f5+�s T d } Y 6p r+FtE� veterans of all generations and all t' 'a ° fy� `t '� ' '` `` ' �` `' Y !F!"w", wars within the community. Never _ again will there be a lost generation of veterans. JEFFREY R. SMITH Clerk of Circuit Court and Comptroller * *� 1801 27TH Street '�ioRroA Vero Beach, Florida 32961 -1028 Telephone (772) 226-1945 TO: IJONORABLE BOARD OF COUNTY COMMISSIONERS DATE: October 17, 2013 SUBJECT: APPROVAL OF WARRANTS October 11, 2013 to October 17, 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 October 11, 2013 to October 17, 2013. Attachment: DB: MS 3 CHECKS WRITTEN CHECK NBR CK DATE VENDOR AMOUNT 304168 10/11/201: ILLINOIS STA7-E DISBURSEMENT UNIT 142.32 304169 10!11/201: CHAPTER 13 TRUSTEE 472.06 304170 10'11/201: MISDLI MICHIGAN STATE 445.75 304171 10-111201: ADMIN FOR CHILD SUPPORT ENFORCEMENT 203.53 304172 10/11%201_ ADMIN FOR CHILD SUPPORT ENFORCEMENT 206.29 304173 101111201" ADMIN FOR CHILD SUPPORT ENFORCEMENT 115.11 304174 10116/201: NICOLE Y WARENS 1,502.16 304175 10'17/201. CLEMENTS PEST CONTROL 200.00 304176 10!17/201: PORT CONSOLIDATED INC 105,094.29 304177 10!17/201: STURGIS LUMBER& PLYWOOD CO 35.96 304178 10/17;201_ JORDAN MOWER INC 572.31 304179 10!17/201: ROBINSON EQUIPMENT COMPANY INC: 778.82 304180 10!17;201; TEN-8 FIRE EQUIPMENT INC 225.83 304181 10/'17'201: RANGER CONSTRUCTION IND INC 103.62 304182 10,17/20L VERO CHEMICAL DISTRIBUTORS INC 505.45 304183 10/17/201: COPYCOINC 30.73 304184 10!17/201: CIL ISI CORP OF VERO 778.70 304185 10'17/201: KIMLEY HORN & ASSOC INC 14,837.50 304186 10'17/201: RUSSELL CONCRETE INC 663.70 304187 10/17/201_ AT&T WIRELESS 618.36 304188 10/17'201: A"f&T WIRELESS 167.05 304189 10'17'201_ AT&T WIRELESS 1,330.85 304190 1017/201: DATA I-LOW SYSTEMS INC 66,355.90 304191 10!17'201: COLD AIR DISTRIBUTORS WAREIIOUSE 1,063.21 304192 10!17/201: E--Z BREW COFFEE& BOTTLEWATER SVC 40.46 304193 10/17/201: COCA COLA REFRESHMENTS USA INC 199.20 304194 10/17/201: DAILY COURIER SERVICE 315.00 304195 10!17/201: GAYLORD 13ROTFIERS INC 567.45 304196 1017/201_ HACH CO 1,703.18 304197 10/17/201: PHYSIO CONTROL INC 1.059.00 304198 10/17201: 3M CO 3,858.00 304199 10/17/201: ALLIED ELECTRONICS INC 864.42 304200 10/17/201: SWE INC 325.00 304201 10/17/201: RELIABLE SEPTIC AND SERVICE 45.00 304202 10/17/201: HD SUPPLY WATERWORKS, LTD 3,120.00 304203 10!17/201: ECOTECH CONSULTANTS INC 11,500.00 304204 10!17/201_ EGP INC 186.00 304205 10'17/201: VERO INDUSTRIAL SUPPLY INC 162.99 304206 10'17/201: BRODART COMPANY 115.00 304207 10'17/201: CENTER POINT INC 13,199.21 304208 10/17/201: CARTER ASSOCIATES INC 2.393.34 304209 10/17201: DELI.MARKETING LP 11,260.65 304210 10!17/201: XEROX CORP SUPPLIES 1,032.06 304211 10!17/201: GOLF SPECIALTIES INC 2,500.00 304212 10117/201: GENERAL PART INC 1,593.56 304213 10!17/201: BAKER&TAYLOR INC 3,828.06 304214 10/17/201: GROVE WELDERS INC 48.58 304215 10/17/201: MIDWEST TAPE LLC 468.78 304216 10/17/201: PRIZE POSSESSIONS 753.29 304217 10!17/201" PRLC1S10N CONTRACTING SERVICES INC 6,447.05 304218 10!17/201: K& M ELECTRIC SUPPLY 88.80 304219 10!17/201: NEWSBANK INC 29,550.00 304220 10117/201_ PALM TRUCK CENTERS INC 4,525.85 304221 10171201_ THYSSENKRUPPELEVATOR 695.25 304222 10!17/201: LINDSEY GARDENS APARTMENTS 566.00 304223 1017/201' RIVER PARK ASSOC'INFES 887.00 304224 10!17/201: CREATIVE CHOICE HOMES XVI LTD 677.00 304225 10%17!201_ PING INC 675.75 1 4 CHECK NBR CK DATE VENDOR AMOUNT 304226 10/17,201 VST SERVICES INC 27,669.35 304227 10117'201. CLERK OF CIRCUIT COURT 2,109.20 304228 10/17/201: CLERK OF CIRCUIT COURT 3,124.85 304229 10/17/201_ INDIAN RIVER COUNTY HEALTH DEPT 1,292.25 304230 101 17%201: CITY OF VERO BEACH 78.00 304231 10117'201: CITY OF VERO BEACH 99,381.22 304232 10/17/201. INDIAN RIVER ALL FAB INC 1,020.55 304233 10,17'201: UNITED PARCEL SERVICE INC 16.57 304234 lOil 7?20F INDIAN RIVER COUNTY SHERIFF 4,225.34 304235 10%17'201: FLORIDA GOVERNMENT FINANCE 26.00 304236 10/17/201' APCO INTERNATIONAL, INC 331.00 304237 IO/17/201: JANITORIAL DEPOT OF AMERICA INC 1,756.49 304238 10/17/201: FLORIDA FISH & WILDLIFE 5,577.55 304239 10/17/201: TREASURE COAST IIOMELESS SERVICES 496.00 304240 10/17/201: TREASURE COAST HOMELESS SERVICES 6,089.65 304241 10/17/201: HUMANE SOCIETY 38,175.00 304242 10`17/201: WAL MART STORES EAST LP 44.32 304243 10117/201: FLORIDA DEPT OF AGRICULTURE AND 13,821.36 304244 10/17/20 1' ROGER CLEVELAND GOLF INC 1,066.68 304245 10/17/201: TOTAL TRUCK PARTS INC 381.30 304246 10/17/201: ACUSHNET COMPANY 1,009.75 304247 10/17/201: INTERNATIONAL GOLF MAINTENANCE INC 1,290.00 304248 10'17T201: GEOSYNTEC CONSULTANTS INC 14,836.12 304249 10/17/20 L INDIAN RIVER HABITAT 4,725.93 304250 10117/201: WEST PUBLISHING CORPORATION 199.00 304251 10;17/201: FEDERAL,EXPRESS 115.77 304252 10/1T'201: FEDERAL EXPRESS 22.60 304253 10/17''201: FEDERAL EXPRESS 22.93 304254 10/17'201: FEDERAL EXPRESS 29.21 304255 10.17!201: DUNKELBERGER ENGINF;F,RING& TESTING 11,559.50 304256 10-17,201. ELIZABETH MARTIN 243.99 .. 304257 10;17;201: LIBERTY FLAGS INC 441.00 304258 101/17:201: PERKINS INDIAN RIVER PHARMACY 11.65 304259 10/17/201. CALLAWAY GOLF SALES COMPANY 33.21 304260 10/17/201: FLORIDA POWER AND LIGHT 7,042.94 304261 10/17/201: PUBLIC DEFENDER 3,757.13 304262 10/17/201; PHI LLIPJ MATSON 14.24 304263 10/17/201. TAYLOR MADE GOLF CO INC 1,091.24 304264 10,'17'201: STAT/:ATTORNEY 768.91 304265 10'17/201: PEACE RIVER ELECTRIC COOP INC 362.00 304266 10•'17!201. KENNETH CAMPBELL SENIOR 160.00 304267 10/17'201: SUNSHINE STATE ONE CALL OF FL INC 1,101.80 304268 10;17/201: CATHOLIC CHARITIES DIOCESE OF PALM BCH 852.71 304269 10/171201: LANGUAGE LINE SERVICES INC 362.50 304270 10'17'201: "TREASURE COAST SPORTS COMMISSION INC 5,906.79 304271 10/17/201: COX GIFFORD SEAWINDS 1,275.00 304272 10/17/201: COX GIFFORD SF,AWINDS 425.00 304273 10,'17/201. FLORIDA STATE GOLF ASSOCIATION 55.00 304274 10:17'201: NOTARY PUBLIC UNDERWRITERS INC 36.14 304275 10/17/201: UNIVERSITY OF CENTRAL FLORIDA 105.00 304276 10117/201. GERALD A YOUNG SR 120.00 304277 10/17/201: GREY HOUSE PUBLISHING 458.95 304278 10/17/201: HENRY SMITH 126.00 304279 10/17/201: RANGE ROAD MINE LLC 1,613.12 304280 10%17/201: ALAN C KAUFFMANN 40.00 304281 10!17/201: CLEAR "LONE MAINTENANCE INC 3,875.00 304282 10/17/2 0 1.' WESTSIDE REPROGRAPHICS OF VERO BEACH INC 6.60 304283 10'17/201: CHILDRENS HOME SOCIETY OF FL 1,750.00 304284 10/17/201: ADVANCED XEROGRAPHICS IMAGING 16,382.68 304285 10 17/201: NABORS GIBLIN &NICKERSON PA 1,269.83 mw 2 5 CHECK NBR CK DATE VENDOR AMOUNT 304286 10/17'201: BRIDGE DESIGN ASSOCIATES INC 2,385.00 304287 10-17/201: FLORIDA SHORE& BEACH PRESERVATION 1,000.00 304288 10:'17,201: PINNACLE GROVE LTD 400.00 304289 10/17/201- VERO CLUB PARTNERS LTD 487.00 304290 10,,171201_ SOUTHERN PLUMBING INC 440.00 304291 10.-17201_ LLONALD& VIKKI MIXELL 924 304292 10/17/201: CAROLINA SOFTWARE INC 500.00 304293 10 17/201: RAYMOND MOSSMAN JR 20.00 304294 10/17'201: INDIAN RIVER COUNTY HOUSING AUTIIORITY 525.00 304295 10%17;201: KERY JONES 10.00 304296 10!17'20 L ENVISION WARE INC 2,184.20 304297 10%17'201: ANTIGUA GROUP INC 997.60 304298 10 17201. ARCADIS U S INC 11,288.34 304299 10,,17/201: THE PALMS AT VERO BEACH 360.08 304300 10'17,201: PERKINS COMPOUNDING PHARMACY 72.93 304301 10/17;201: DONALD DELESS 144.80 304302 10'17,201: AUDIO VISUAL INNOVATIONS 600.00 304303 10/17/201: RUSSELL. PAYNE INC 1,751.91 304304 10117'201: CEL1CO PARTNERSHIP 705.10 304305 10/17,201: AM PLAYER INC 652.12 304306 10117/201: CINTAS CORPORATION NO 2 448.11 304307 10/17,201: VAN WAL INC 606.00 304308 10!17/201. JOSEPH W VASQUEZ 100.00 304309 l0A7!201: BIG BROTI IERS AND BIG SISTERS 625.00 304310 10/17/201: ALAN HILL 241.43 304311 10/17'201: ADAMS HOMES OF NORTHWEST FLA 198.52 304312 10/17,201: SWANK MOTION PICTURES INC 1,225.00 304313 10.'17201: OCLC ONLINE COMPUTER LIBRARY CENTER 386.09 304314 10:'17'201: MICHAEL SHAWN DOUTRICH 10.00 304315 10%171201: MBV ENGINEERING INC 950.00 304316 10'17'201. BRIAN RICHARDSON 25.00 304317 10'171201: GARY L EMBREY 60.00 304318 10/17'201: LARRY STEPHENS 126.00 304319 10/17201: JOIIN DEERE LANDSCAPES 78.00 304320 10!17201: DAYSPRING 250.00 304321 10,17'201: ME'T'RO FIRE PROTECTION SERVICES INC: 462.65 304322 1017/20 L 1 ST FIRE& SECURITY INC 95.00 304323 10!17/201: TERESA E LEE 204.93 304324 10!17/201_ KENNY CAMPBELL JR 220.00 304325 10/17/201: FLORIDA ASSOC OF COUNTY ENG 75.00 304326 1017/20L PETER OBRYAN 7.89 304327 10, 17/201' DEPENDABLE ROOFING SYSTEMS INC 9,325.31 304328 10'17/201. JOHNNY B SMITH 86.00 304329 10/17/201: GERMAINE JOHNSON 56.00 304330 10/17/201: MUNICIPAL WATER WORKS INC 7,875.00 304331 10 17/201' MARRERO TEAM.COM REAL ESTATE LLC 227.61 304332 10/17/201: KB HOME TREASURE COAST 80.02 304333 10/17/201_ DANE MACDONALD 118.00 304334 10'17%201_ CHARLESA WALKER 180.00 304335 10/17/201: POL.ICASTRO& LF ROUX PA 4,686.49 304336 10/17/201_ THOR GUARD INC 953.05 304337 10/17201: FISHER& PHILLIPS LLP 6,054.65 304338 10/17/201_ CEMEX 49.90 304339 10/17/201. BRIAN FREEMAN 27.03 304340 10./17/201: SARAMARIA PROVENZALE 60.00 304341 10'17/201: SONJA MONROY 57.42 304342 10/17/201_ AVA& LEONARD ANTONELLI 60.55 304343 10'17'201: TERR1 COLLINS LISTER 7.89 304344 10-17/201: BI NNETT'AUTO SUPPLY INC 327.56 304345 10-17/201: TREASURE COAST SPRINKLERS INC 1,483.00 3 6 CHECK NBR CK DATE VENDOR AMOUNT 304346 10'17201: NICOLACE MARKETING INC 175.00 304347 10:17'201: EQ TETE ENVIRONMENTAL QUALITY COMPANY 4,745.94 304348 10'17201. SEASIDE LANDSCAPES INC 500.00 �... 304349 1&'17,'-')0 F CHRISTINA RIPPLE 261.77 304350 10'17%201: SHAWN G MC C:LAIN 66.80 304351 10,'17/2 0 1' SANDY ARACENA 80.00 304352 1017'201: FLORIDA MEDICAID 90.19 304353 10'17201. SOUTHEASTERN CHEMTREAT INC 1,279.03 304354 10'17'201: KNAPHEIDE TRUCK EQUIPMENT SOUTHEAST 167.02 304355 10117'201. HUBBELL PROPERTIES Il LC 22.81 304356 10117/201: ALEXANDER LUNDMARK 27.70 304357 10'17/201; KERRY C JONES 375.00 304358 101171201: ALMM LLC 450.00 304359 10/17/201: BACKFLOW SOLUTIONS INC 495.00 304360 10/17/201. ALWAYS ON TIME ENTERPRISES INC 1,029.26 304361 10'17/201: "TAMPA BAY LIBRARY CONSORTIUM 1,850.00 304362 10,'17,120 1. 1NEOS NEW PLANET BIOENF.RGY LLC 65,818.50 304363 10;17/201: GOLF SOLUTIONS I LLC 124.00 304364 10,17/201: LISA BEZAK 89.80 304365 10'17/201: ATLANTIC COASTAL LAND TITLE CO LLC 300.00 304366 10,'17/201: DOUG DEMOTTE 81.83 304367 10/17'201: BOULEVARD TIRE CENTER 7,110.44 304368 10/17/201: MURPHY& WALKER P L 14,256.12 304369 10,'17/20 1: DELRAY MOTORS 321.99 304370 101712 FLORIDA COAST EQUIPMENT INC 486.96 304371 1017'201: AG SCAPE SERVICES INC 13,41524 304372 10/17/201: JOSEPH CATALANO 160.00 304373 10'17/201. OVERDRIVE INC 195.91 304374 10/171/20 1: DEPT OF HWY SAFETY& MOTOR VEHICLES 10.00 304375 10/17201: CCH INC 1,800.00 304376 10117%201. STATE OF FL DEPT OF ECONOMIC OPPORTUNITY 175.00 ... 304377 10.17 12)0 1 STATE OF Fl.DEPT OF ECONOMIC OPPORTUNITY 175.00 304378 10'17201: AHS HOLDINGS GROUP LLC 768.00 304379 10/17201: SARA L MATHEWS 28.00 304380 10'17201: VIDACARE:CORPORATION 2,608.95 304381 10/17/201: ERVIN WOODS 275.04 304382 10/17/201: VERO HOUSING LLC 319.00 304383 10'17201. PROPAC INC 4,000.00 304384 10/17%201: MICHAEL HEALY DESIGNS 408.31 304385 10/17/201: GFA INTERNATIONAL INC 140.00 304386 10/17201: MY LICENSED ROOFER LLC 33,964.50 304387 10/17/201: JENKINS TRUCKING INC 1,800.00 304388 10/17/20L GHO HOLDINGS CORP 43.98 304389 10/17201: ANTHONY GIOVINAZZO 72.27 304390 10/172201. FORD GOLF AND SPECIALTIES LLC 1,878.60 304391 10'17/201: SHAWN GINN 40.00 304392 10'17'201: LOWES HOME CENTERS INC 2.893.41 304393 1017/1-0 ANDREW SITEWORK LLC 8,092.75 304394 10/17/201. LABOR READY SOUTHEAST INC 9,071.62 304395 10/17/201' PPG ARCHITECTURAL FINISHES INC 617.00 304396 10/17/201: KYLE ANDERSON 950.00 304397 10117/201: AGN SPORTS LLC 150.00 304398 10!17/201. VWR FUNDING INC 1,650.00 304399 10,'17/201: SOUTHWIDE INDUSTRIES INC 700.80 304400 10/17/201: R J THOMAS MANUFACTURING CO INC 6,575.00 304401 10!17!201: WILLIAM SHOAF JR 60.00 304402 10!17201: ELMER P SHUMAKER 72.49 304403 1017/201: PENGUIN RANDOM HOUSE LLC 274.50 304404 10/17/201: SPECTER INSTRUMENTS INC 395.00 304405 10/17/201: PITMAN TRACTOR& EQUIPMENT INC 682.50 4 7 CHECK NBR CK DATE VENDOR AMOUNT 304406 10!17%201: AMERICAN SIGN RECOVERY INC 1,388.70 304407 10/17/201. A-1 QUALITY SOD INC 325.00 304408 10/17!201: VERO PALMS LLC 461.13 304409 1017!201. STRAIGHT OAK LLC 825.00 304410 10'17!201_ CALDWELL PACETTI EDWARDS 2,722.50 304411 10'17!201: LAURENCECURLEY 93.32 304412 10.'17/201: JAN CONNOR 100.00 304413 10:17,201. VIRGINIACANNON 15.61 304414 10.-17!201. FRANCES CONSFNTINO 93.17 304415 10'17.'201. DILL& EVANS PL 448.86 304416 10 17!201: GLORIA J FICKE 18.91 304417 101171201: CORNELIA FISHER 92.75 304418 101;17/201: MARION K FREDERICK 76.77 304419 10/17'201' DOROTHY E GRANSF. 95.16 304420 10!17!201. CARINAGRIBBLE 72.00 304421 I017;201: SALLY COOPER 300.40 304422 10/17!201: MARY HOB13S 460.00 304423 10/17,20 1. ANTHONY W YOUNG 137.60 304424 10'17/201: LISA WILLNOW 93.20 304425 10,'17/201. URSULA L MILLER 95.72 304426 10,17!201: DEBORAH MORRIS 94.73 304427 10117/201. FLORENCE WILLIAMS 97.35 304428 103 1711201. THEODORE NAGENGAST 70.00 304429 10/17/201: NATIONAL BENEFIT FUND 92.89 304430 10/17/201_ CHRISTINE BERTI 50.00 304431 10!17'201: MICHAEL FLYNN SR 70.42 304432 10/17/201: SANTIAGO DUQUE 100.00 304433 101 17'201: GROUND CONTROL MAINTENANCE 2,252.24 304434 10!17'201. ASHLEY POOLE FLOOD 46.71 304435 10/17;201: ClIANDA MUNDY 36.98 304436 10'17-201: RICHIF N SOOKHAN 23.68 304437 10,17;201. JOHN H KITTILA 11.07 304438 10/17'201: JACQUELINE M JONES 56.63 304439 10,17'20 L DEBBY SHAY FARNSWORTH 80.49 304440 10'17;201_ THERESA GINISO 46.71 304441 10/17;201; SHERRI FEY 2.51 304442 10%17/201: TASIIA AUSTIN 28.56 304443 10117;201: KATHLEEN BENJAMIN 7.08 304444 10117%201: RENATA& HANS KOWALSKI 16.79 304445 10/17/201_ BRIAN& RENIE ROTH 58.38 304446 10%177201: FLOYD CLARK 40.54 304447 1017!20 KATHY WOODHOUSE 73.74 304448 10/17'201: MARY ALICE DREWER 87.86 304449 10117/201. KARMEKA EVANS 118.47 304450 10.17201. CHRISTIAN KARWATSKL 75.32 304451 10%17,'201: LOUISE SEGUIN 76.46 304452 10/17'201: CRISTA FIARRIEL 9.50 304453 10/17/201 JEFF& KAREN WLLIARD 64.07 304454 10/17/201: TOMARIA LLC 70.18 304455 10!17/201: JOHN DIXON 29.04 304456 10/17/201_ CATHERINE JOHNSON 21.55 304457 10117/201. ALICE L JOHNSON 58.29 304458 10A7!201: HAROLD OR PAMELA BYARS 22.54 304459 10/17/20 1 ROBERT GELETEI 30.80 304460 1017/201: FREDERICK HOLLOWAY 33.04 304461 10/17'201. SANDRA WRIGHT 63.81 304462 10:17201. GARY WILLIAMS 48.17 304463 10-17/201: SHAWN MCKINNY 18.18 304464 10;17'201_ LIBERTAD SPERRY 72.43 304465 10'17'201. CHAD ROBERTS 13.28 5 CHECK NBR CK DATE VENDOR AMOUNT 304466 10 17;201: JOHN THORNTON 178.98 304467 10)'17%201. EDGAR CLOTHIER 67.73 304468 10,'17/201: WILLIAM EATON 30.54 ".. 304469 10117'201. IR RESIDENTIAL FUNDING LLC 74.56 304470 10 17;201_ EDWARD MUNROF 41.40 304471 10'17'201. SHANNI BOUVER 69.02 304472 101 17-201: ROSS SIRBAIIGH 81.64 304473 10117/201: MONICA WESLEY 23.50 304474 10/17!201* BARBARA LEWIS 41.74 304475 10/17/201: KELLY NIERS FOWLER 45.80 304476 10/17201. GERALDINE RYAN COSTANZO 79.82 304477 10117;201: CYNTHIA S CAHILL 18.55 304478 101"17/201. IRM MILAN INVESTMENTS INC 149.28 304479 10.-17`201. BOBI BAHADURIAN 24.98 304480 10117,201: MICHAEL C OLIVER 33.25 304481 10/17/201: VIRGINIA CASH 16.24 304482 10/17,201: IRIS IIERNANDEZ 11.23 304483 10/17,201: HERNAN SALAZAR 54.27 304484 101117/201_ MARC SENCE PIERRE 34.51 304485 10/17'201: CI IRISTINE MANN 4.97 304486 10/17'201: YOLANDA REYES 56.95 304487 10/17;201: BANK OF NEW YORK 1.70 304488 10/17/201: ROBERT LEFURGE SR 64.53 304489 10;17/201: CYNTHIA BROWN 63.11 304490 10/17;201: VIRGINIA NOWOTNY 45.27 304491 10,,17'201: ADEMIR DA SILVA 61.26 304492 10!17%201: KATIE ARSENAULT 79.27 304493 10/17!201: APRIL GLASER 81.48 304494 10'17'201: LA FOGATA FOODS-FESTIVAL SWEETS 72.16 304495 10 17!201: BARBARA KWEK 46.47 304496 10/17!201: SHALOUNA CHAMBERS 33.41 Na- 304497 10,'17/20 1. SARAH MCBRIDE 40.27 304498 10/17!201. PIZZO ITALIAN DELI 31.88 304499 10/17!201. MARY GLORE 74.31 304500 10/17/201_ PETER VO 3920 304501 I0/17/201: RUD AERO LLC 4520 304502 10/17/201: RALPH COLAO 73.74 304503 10;17!201: GREGORY WALKER 31.22 304504 10%17'201. ALEXANDRIA SIDELINKER 3822 304505 10/17!201: DANIEL& KATHERINE HOMSHER 23.35 304506 10/17%201. MDM HOMES LLC 32.74 304507 10'17201: ANDREW& JEAN WINGLER 29.54 304508 10/17/201: CHERI COLBRAITH 42.46 Grand Total: 863,569.84 6 9 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1002626 10/11!201_ EVERGLADES FARM EQUIPMENT CO INC 124.56 1002627 10/11/201_ PRAXAIR DISTRIBUTION SOUTHEAST LLC 1,447.44 1002628 10/11/201: REPUBLIC SERVICES OF FLORIDA 42.92 1002629 10/11201_ VERO LAWNMOWER CENTER INC 142.00 1002630 10/11;201_ THE EXPEDITER 20.94 1002631 10/111201' SV1 SYSTEMS INC 1,873.25 1002632 10%11/201_ SCRIPPS TREASURE COASTPUBLISHING LLC 936.00 1002633 10%11/201' CAPITAL OFFICE PRODUCTS 828.80 1002634 10/11/201' WACO FILTERS CORPORATION 4,172.25 1002635 10111201_ EAST COASTANIMAL MEDICAL CENTER 112.00 1002636 10/15/201: ARAMARK UNIFORM R CAREER APPAREL LLC 56.50 1002637 10/15.201: LIGHTSOURCE IMAGING SOLUTIONS I.LC 171.49 1002638 1015;201: INDIAN RIVER BATTERY 225.00 1002639 101/15/201: MIKES GARAGE& WRECKER SERVICE, INC 65.00 1002640 10%151201: HOMELAND IRRIGATION 14.79 1002641 10/15/201: JOHNSON CONTROLS INC 497.75 1002642 10/15/201_ MT LIBRARY SERVICES CORPORATION 14,706.00 1002643 10/15/201: S R S AUTO PARTS 811.92 1002644 10/16/201' SAFETY PRODUCTS INC 491.70 1002645 10/16/201. SERVICE REFRIGERATION INC 2,055.00 1002646 10/16/201 REPUBLIC SERVICES OF FLORIDA 73.72 1002647 10'16/201: SCRIPPS TREASURE COAST PUBLISHING LLC 939.90 1002648 10/16/201: RECHTIEN INTERNATIONAL TRUCKS 1.523.64 1002649 10/16/20L POLYDYNE INC 1576.00 1002650 10!16/201: SOUTHERN JANITOR SUPPLY INC 3,756.76 Grand Total: 37,665.33 1 10 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT w.. 2644 10711/201: VETERANS COUNCIL OF I R C 6.118.86 2645 1011 1201: KIMLEY HORN& ASSOC INC 2,229.99 2646 10;'i i/201_ CUM SMITH INC 6,731.10 2647 1011/201 1!201: ICMA RETIREMENT CORPORATION 10,006.07 2648 10/11,201 NATIONWIDE SOLUTIONS RETIREMENT 302.97 2649 10%11;201: NACO/SO UTHF;AST 36,204.13 2650 1011 1/201: FLORIDA LEAGUE OF CITIES. INC 5,202.39 2651 1011/20 L ICMA RET CORP 1,910.00 2652 10;14/201: FL SDU 6,88999 2653 1014 IRC FIRE FIGHTERS ASSOC 6,210.00 2654 10-15/201: IRS-PAYROLL TAXES 352,708 24 2655 10,16201: ATLANTIC COASTAL LAND TITLE CO LLC 22,936.59 2656 10/171201: BANK OF AMERICA 20,800.09 Grand Total: 478,250.42 ,maw 1 11 JEFFREY R. SMITH ' s s .. Clerk of Circuit Court and Comptroller 1801 27th Street, Building A Vero Beach, Florida 32960 Telephone (772) 226- 1205 TO: Board of County Commissioners DATE: October 29, 2013 SUBJECT: Updated Investment Policy for Other Post Employment Benefits Trust (OPEB)—two minor changes FROM: Jeffrey R. Smith, Clerk of the Circuit Court and Comptrollef7. And Diane L. Bernardo, Finance DirectorA/1 BACKGROUND The Investment Advisory Committee met on October 17,2013,to review the Investment Policy for Other Post Employment Benefits Trust(OPEB). Two changes were recommended by the Clerk's staff and the investment committee. We are requesting two modifications to our investment policy; 1. Page 3, VII, Performance Measures The expected annual rate of return for the long-term portfolio is 6%. The previous policy reflected an expected annual rate of return of 7% 2. Page 4, VII, Performances Measures Continued The benchmark for investment of these OPEB funds will be based upon a blended,pro-rata portion of the appropriate indices of these funds. The previous policy mentioned specific benchmarks such as S&P 500 Index, Spliced Mid Cap Index, Spliced Small Cap Index,90 Day T-Bill, etc. The Investment Advisory Committee will select appropriate benchmarks for each asset class within the portfolio. RECOMMENDATION Staff recommends that the Board of County of Commissioners accept the Investment Policy changes. Attached is a complete investment policy for reference. Indian River County Approved Date Administrator Q, County Attorney Budget Department Risk Management 12 INDIAN RIVER COUNTY, FLORIDA INVESTMENT POLICY For Other Post Employment Benefits Trust (OPER) �ZoR1oA Prepared by the Clerk of the Circuit Court And Comptroller Updated November 5, 2013 13 INDIAN RIVER COUNTY, FLORIDA OPEB INVESTMENT POLICY TABLE OF CONTENTS I. OVERVIEW AND PURPOSE ............................................................................. 1 II. OBJECTIVES ....................................................................................................... I III. DELEGATION OF AUTHORITY AND OVERSIGHT PROCEDURES .......... 1 IV. PRUDENCE..........................................................................................................2 V. AUTHORIZED INVESTMENTS ........................................................................3 VI. MATURITY AND LIQUIDITY...........................................................................3 VII. PERFORMANCE MEASURES...........................................................................3 VIII. PORTFOLIO COMPOSITION, RISK AND DIVERSIFICATION....................4 IX. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS .................5 X. SAFEKEEPING AND CUSTODY ......................................................................5 XI. BID REQUIREMENTS........................................................................................6 XII. INTERNAL CONTROLS.....................................................................................6 XIII. REPORTING ........................................................................................................6 XIV. CONTINUING EDUCATION .............................................................................7 14 I. OVERVIEWAND PURPOSE This investment policy applies to all accumulated assets for the Indian River County Other Post-Employment Benefits Trust (OPEB Trust) created by the Indian River County Board of County Commissioners by resolution. The purpose of this document is to provide the OPEB Trust Board, who is responsible for the investment of County OPEB funds, a set of procedures and guidelines for investment selection and monitoring of invested funds. Investment objectives, performance measurement, prudence and ethical standards, authorized investments, maturity and liquidity requirements, portfolio composition, risk and diversification, authorized investment institutions and dealers, third party custodial agreements, bid requirements, internal controls, reporting and continuing education will be established by this investment policy and serve as the framework for all investment activities. This policy is applicable to all OPEB Trust assets and to all consultants, agents, money managers, advisory boards, OPEB Trust Board and staff responsible for the OPEB Trust. II. OBJECTIVES The primary obligations of the plan's governing body in investing assets are to do so for the exclusive benefit of the plan's beneficiaries. The objectives of investment activities carried out by the OPEB Trust Board shall be the following in order of importance: 1. Short-term objective: a. The short-term portfolio shall maintain sufficient liquidity to meet near term disbursement needs. b. The portfolio should be managed to achieve returns consistent with appropriate benchmarks and income consistent with an appropriate level of risk. 2. Long-term objective: a. To seek long-term growth of capital and income to meet future obligations consistent with an appropriate level of risk. b. The portfolio should be managed to achieve returns consistent with appropriate benchmarks. III. DELEGATION OFAUTHORITYAND OVERSIGHT PROCEDURES 1. The Board of County Commissioners serves as the trustees of the OPEB Trust and has delegated the responsibility for conducting investment transactions with the OPEB Trust Board. The OPEB Trust Board consists of the Clerk of Circuit Court, County Administrator or Assistant County Administrator, Finance Director, Budget Director, and Human Resource Director. The Finance Director will provide investment information to the OPEB Trust Board concerning investment decisions, including rebalancing asset allocation and portfolio performance decisions made during the prior quarter. 1 15 III. DELEGATION OFAUTHORITYAND OVERSIGHT PROCEDURES Continued ,-NOW 2. An Investment Advisory Committee consisting of the Clerk of Circuit Court, the Finance Director, the Budget Director, and at least two citizens (who must be financial professionals) selected by the Clerk of the Circuit Court shall meet regularly (at least quarterly) to evaluate investment performance of the OPEB trust fund's investment portfolio, to evaluate current and future liquidity needs and investment strategy, and to review reports prepared for the Board of County Commissioners. The Committee will recommend appropriate investment policies and procedures for all investment activities carried out by the OPEB Trust Board. The Committee will perform an annual review of those investment policies and procedures. 3. The OPEB Trust Board may use professional money management to assist in the investment of these funds consistent with this policy. If such management is employed, the managers shall act as a fiduciary to the OPEB Trust Board. Money managers are required to provide investment strategy reviews and performance summaries to the Investment Advisory Committee quarterly or more frequently if requested. Money managers shall provide portfolio valuations monthly or more frequently if requested. All assets will be held by a third party custodial as selected by the OPEB Trust Board. An outside consultant may be utilized to evaluate the investment performance of outside money managers. The consultant will provide performance analysis that will include, but not be limited to, a strategic analysis including a report on asset allocation, risk analysis, and appropriate, if any, changes to the percentages therein. This study will be used to assist the OPEB Trust Board in ... the determination of the appropriate investment allocation to maximize the return and minimize the risk to the assets of the OPEB trust funds. This study may include a recommendation to add or delete asset classes as is warranted by the risk/reward analysis and is subject to OPEB Trust Board approval. The OPEB Trust Board is not bound by acceptance or denial of recommendations presented by the consultant. If no consultant is hired, then the individual mangers are responsible to provide the same information. IV. PRUDENCElfiduciary standards The standard of prudence to be applied by all parties with investment responsibilities for the OPEB trust shall be the "Prudent Person Rule", as detailed by FS 218.415(4), which may be updated or amended from time to time. The Prudent Person Rule states, "Investments should be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived from the investment." The Prudent Person Rule shall be applied in the context of managing the overall portfolio. 2 16 V. AUTHORIZED INVESTMENTS Authorized investments will be limited to the following securities: 1. Direct obligations of the United States Treasury; 2. Intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in FS 163.01; 3. Interest-bearing time deposits or savings accounts in qualified public depositories as defined in Section 280.02, Florida Statutes; 4. Federal agencies and instrumentalities, including but not limited to, Federal Home Loan Mortgage Corporation, Federal National Mortgage Association, Federal Home Loan Banks, Federal Farm Credit Banks; 5. Shares in, any open-end or closed-end mutual fund or Exchange Traded Funds (ETF); 6. Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency; 7. Repurchase agreements with a term of 180 days, collateralized by direct obligations of the United States Government; 8. Corporate fixed income securities issued by any corporation in the United States ..► with any A rating or better; 9. Asset back securities issued by the United States; 10. Guaranteed investment contract (GIC) with insurance companies rated "A" or better by two of the nationally recognized rating agencies or a comparable nationally recognized statistical rating organization. 11. Equity assets, including common stock, preferred stock, and interest-bearing obligations having an option to convert into common stock. VI. MATURITYAND LIQUIDITY The OPEB trust assets shall provide sufficient liquidity to meet the annual funding payment. VII. PERFORMANCE MEASURES The expected annual rate of return for the long-term portfolio is 6%, which is an actuarial assumption, until amended by the OPEB Trust Board. The portfolio will be split into two categories for investment and performance measurement purposes. The first category will include an amount equal to the expected pay-as-you-go payment for the upcoming 12-24 months (short-term portion) and the remainder will be included in the long-term category. 3 17 VII. PERFORMANCE MEASURES Continued The benchmark for investment of these OPEB funds will be based upon a blended, pro- rata portion of the appropriate indices of the funds. V lI 1. PORTFOLIO COMPOSI TION, RISK AND DI VERSIFICA TION The following are the guidelines for investments and limits on security issues, issuers and maturities as established by the OPEB Trust Board. The Investment Advisory Committee, as confirmed by the OPEB Trust Board, shall have the option to further restrict or increase investment percentages from time to time based on market conditions. Assets of the OPEB trust fund shall be invested in a broadly diversified portfolio consisting of equity, debt, and cash equivalents securities. The portfolio shall also be structured in a manner to provide broad diversification within each asset class. Additional contributions may be needed to pay near-term obligations of the OPEB Trust Fund. From time to time, the OPEB Trust Board will adopt asset allocation strategies within the ranges specified below: Short Term Investment Portion up to 100% of the portfolio: Cash and Cash Equivalents, with maturities of 180 days or less Long Term Investment Portion: Equities 0%-60%, consisting of a diversified portfolio of domestic small, mid and large cap equity funds and international equity funds Fixed Income 0%-60% Cash and Cash Equivalents 0%-100% The OPEB Trust Board is authorized by this policy to make asset allocation decisions to reallocate or redirect either contributions or investments held by the OPEB Trust Fund in order to take advantage of changing market conditions. Any move that will cause the allocation of the investment classes to vary from the above allocation percentages of any asset class requires approval by the OPEB Trust Board. The following are prohibited purchases: 1. More than 5%of the total equity allocation invested in individual equity securities of any one company at market value 2. More than 5% of the total debt allocation invested in debt instruments in any single issuer with the exception of US Treasuries and agencies 3. Short sales 4. Margin or leveraged purchases 5. Commodities 6. Real estate 7. Art objects or collectables 8. Options 9. Warrants 4 18 IX. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS Purchases and sales of authorized investments will only be made through financial low institutions that are qualified as public depositories by the Chief Financial Officer of the State of Florida or are "primary dealers" as designated by the Federal Reserve Bank of New York or are broker/dealers that qualify under Securities and Exchange Commission, or by direct purchases of an approved open-ended mutual fund family. The Investment Advisory Committee must approve all brokers and dealers who transact trades with the County. All brokers and dealers who transact trades with the OPEB Trust Fund must provide the Finance Director with the following: 1. Audited financial statements, 2. Proof of National Association of Security Dealers certification, 3. Proof of state registration, when required, and 4. Certification of having read and will comply with the OPEB Investment Policy. The Investment Advisory Committee will annually review the list of approved qualified depositories, primary dealers, brokers/dealers, and should conditions warrant, more frequently. X. SAFEKEEPING AND CUSTOD Y All securities purchased by the OPEB Trust Board designee shall be properly designated as an asset of the OPEB Trust Fund and held in safekeeping by a third party custodial bank, chartered by the United States Government or the State of Florida, and/or a financial institution approved by the National Association of Security Dealers. No withdrawal of such securities, in whole or in part, shall be made from safekeeping except by the OPEB Trust Board designee, Clerk of the Circuit Court or Finance Director. The Clerk of the Circuit Court, on behalf of the OPEB Trustees, will execute third party custodial agreements with banks or financial institutions. Such agreements will include details as to the responsibilities of each party, the costs to be borne by each party, notification of security purchases, sales, delivery, repurchase agreements and wire transfers, safekeeping and transaction costs, and procedures in case of unforeseen mishaps. XI. BID REQUIREMENTS FOR DEBT INSTRUMENTS After the investment manager, which may be the Finance Director, has determined the approximate maturity date based on the cash flow needs and market conditions and has analyzed and selected one or more optimal types of investments, a minimum of three qualified brokers and/or dealers will be contacted and asked to provide bids on the securities in question. In most situations the competitive bid process shall be utilized, except when securities are purchased as an initial offering. The investment manager will choose the appropriate ,Now brokers or dealers from among those on the approved broker/dealer list based on expertise, competitiveness and the ability to execute the transaction and deliver the securities on a timely basis. A minimum of three (3) bids will be obtained. 5 19 XI. BID REQUIREMENTS FOR DEBT INSTRUMENTS continued �- 1. Bids will be held in confidence until the best bid is determined and awarded, 2. Documentation will be retained for all bids, with the winning bid clearly identified, 3. If for any reason the highest bid (on sales of investments) or the lowest bid (on purchases of investments) is not selected, then the reasons leading to that decision will be clearly documented, 4. If the maturing investment is a certificate of deposit, the present holder of the funds will be one of the contacts made, subject to the portfolio diversification requirements in this policy and the institutions' ability to maintain collateral. XII. INTERNAL CONTROLS The OPEB Trust Board shall adopt a written set of internal controls and operational procedures to be implemented by the Clerk of the Circuit Court or his designee, which said controls are designed to protect the OPEB funds and ensure proper accounting and reporting of securities transactions. Such internal controls shall consist, at a minimum, of the following: 1. All securities purchased or sold will be transferred only under the"delivery versus �.. payment" (DVP) method to ensure that funds or securities are not released until all criteria relating to the specific transaction are met, 2. The Clerk of the Circuit Court or his designee is authorized to accept, on behalf of and in the name of Indian River County OPEB Trust Fund, bank trust receipts or confirmations as evidence of actual delivery of the obligations or securities in return for investment of funds, 3. Trust receipts or confirmations shall fully describe the various obligations or securities held. The receipt or confirmation shall state that the investment is held in the name of Indian River County OPEB Trust, and 4. The written system of internal controls and operational procedures shall be approved by the Investment Advisory Committee and shall be subject to review by the external auditors as part of the annual financial audit. XIII. REPORTING Quarterly reports concerning the investment activities, investment portfolio and performance will be submitted to the Investment Advisory Committee and placed on the agenda of the Board of County Commissioners. Other information may include recent market conditions, economic developments, and anticipated investment conditions. 6 20 XIV. CONTINUING EDUCATION Given the often complex and diverse nature of investments, and the importance of balancing the safety and liquidity of investments against the desire to maximize interest earnings, OPEB Trust Fund staff responsible for making investment decisions must annually complete sufficient continuing education as specified in Florida Statue Section 218.415(14). 7 21 JEFFREY R. SMITH Clerk of Circuit Court and Comptroller 1801 27th Street, Building A Vero Beach, Florida 32960 Telephone (772) 226-1205 TO: Board of County Commissioners DATE: October 29, 2013 SUBJECT: Updated Investment Policy-two minor changes FROM: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller • And DIV Diane L. Bernardo, Finance Director (� BACKGROUND The Investment Advisory Committee met on October 17,2013 to review the Investment Policy. We are requesting three modifications to our investment policy: 1. Page 2 Section III-Delegation of Authority and Oversight Procedures "... will be compared to standard benchmarks such as,for example, Lehman Brothers Short-term Government Index, Lehman Brothers Government Corporate Index, Consumer Price Index, and returns of the Florida Local Government State Pool." Deleted sentence above which makes references to specific benchmarks. The Investment Advisory Committee will select appropriate benchmarks for the portfolio. 2. Page 3 Section V-Authorized Investments 9: Derivatives(defined as a financial instrument the value of which depends on, or is derived from, the value of one or more underlying assets or index or asset values), reverse repurchase agreements,or similar forms of leverage are prohibited. The word prohibited was not previously in bold. 3. Page 4 Section VIII-Portfolio Composition Risk Diversification No more than 10% of the portfolio may be placed in any one money market fund,mutual fund,or intergovernmental investment pool. The policy previously reflected a 5%limit in money market, mutual funds,or intergovernmental investment pools. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the Investment Policy changes. Attached is a complete investment policy for reference. Indian River County Approved Date Administrator County Attorney �.. Budget Department Risk Management 22 INDIAN RIVER COUNTY, FLORIDA INVESTMENT POLI CY low o� Prepared by the Clerk of the Circuit Court As amended by the Board of County Commissioners Updated November 5, 2013 23 INDIAN RIVER COUNTY, FLORIDA INVESTMENT POLICY TABLE OF CONTENTS I. OVERVIEW AND PURPOSE .............................................................................I II. OBJECTIVES .......................................................................................................I III. DELEGATION OF AUTHORITY AND OVERSIGHT PROCEDURES ..........2 IV. PRUDENCE..........................................................................................................2 V. AUTHORIZED INVESTMENTS ........................................................................3 VI. MATURITY AND LIQUIDITY...........................................................................3 VII. PERFORMANCE MEASURES...........................................................................4 VIII. PORTFOLIO COMPOSITION, RISK AND DIVERSIFICATION....................4 IX. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS .................4 X. SAFEKEEPING AND CUSTODY ......................................................................5 XI. MASTER REPURCHASE AGREEMENT..........................................................5 XII. BID REQUIREMENTS........................................................................................5 XIII. INTERNAL CONTROLS.....................................................................................6 XIV. REPORTING ........................................................................................................6 XV. CONTINUING EDUCATION .............................................................................6 APPENDIX A........MASTER REPURCHASE AGREEMENT APPENDIX B.........ANNEX I APPENDIX C.........ASSOCIATION FOR INVESTMENT MANAGEMENT ........RESEARCH PERFORMANCE PRESENTATION STANDARDS 24 I. OVERVIEWAND PURPOSE This investment policy applies to all surplus monetary assets of Indian River County except 1.) debt proceeds, 2.) demand deposits covered by banking agreements, and 3.) monetary assets held by other entities on behalf of the County. Indian River County often has funds available in excess of those required to meet short- term expenses (surplus funds). It is in the best interest of the citizens of Indian River County that an investment policy be established to provide guidelines for the investment of those surplus funds in such a manner as to preserve the safety and liquidity of those funds and to provide a competitive return on investments consistent with proper safeguards for the handling of government funds. The investment policy must comply with all applicable State laws regarding investment of public monies. The purpose of this document is to provide the Clerk of the Circuit Court, who is responsible for the investment of County surplus funds, a set of procedures and guidelines for investment selection and monitoring of invested funds. Investment objectives, performance measurement, prudence and ethical standards, authorized investments, maturity and liquidity requirements, portfolio composition, risk and diversification, authorized investment institutions and dealers, third party custodial agreements, master repurchase agreements, bid requirements, internal controls, reporting and continuing education will be established by this investment policy and serve as the framework for all investment activities. IL. OBJECTI VES The primary objectives of investment activities carried out by the Clerk shall be the following in order of importance: 1. To preserve capital in the overall portfolio and to maintain the safety of principal; 2. To remain sufficiently liquid to meet disbursement requirements that might be reasonably anticipated; and 3. To manage the investment portfolio to provide a competitive return consistent with objectives in Items 1 and 2 and other risk limitations described in this policy. The highest priority of all investment activities shall be the safety of principal and liquidity of funds. The optimization of investment returns shall be secondary to the requirements for safety and liquidity. '"O. 1 25 III. DELEGATION OFAUTHORITYAND OVERSIGHT PROCEDURES 1. The responsibility for conducting investment transactions rests with the Clerk of the Circuit Court. The Clerk may delegate the responsibility for day-to-day investment decisions to deputy clerks. The Finance Director will provide investment information to the Clerk concerning investment decisions made by deputy clerks managing the investments. 2. An Investment Advisory Committee consisting of the Clerk of the Circuit Court, the Finance Director, the County Administrator or his designee and at least two citizens selected by the Clerk shall meet regularly (at least quarterly) to evaluate investment performance of the County's investment portfolio, to evaluate current and future liquidity needs and investment strategy, and to prepare reports for the Board of County Commissioners. The Committee will recommend appropriate investment policies and procedures for all investment activities carried out by the Clerk. The Committee will perform an annual review of those investment policies and procedures. 3. The Clerk may use professional money management to assist in the investment of County surplus funds consistent with this policy. If such management is employed they shall act in a co-fiduciary relationship with the Clerk to insure that ample liquidity is maintained to meet County cash flow requirements. Money managers are required to provide investment strategy reviews to the Investment Advisory Committee quarterly or more frequently if requested. Money managers shall provide portfolio valuations monthly or more frequently if requested. An outside consultant may be utilized to evaluate investment performance of outside money managers. Performance figures will be calculated net of all fees and commissions. The consultant will provide comparative performance analysis on money managers to the Investment Advisory Committee quarterly. Money managers' performance, calculated in accordance with the Association of Investment Management and Research (AIMR) performance presentation standards (Attachment C), will be compared to standard benchmarks. IV. PRUDENCE The standard of prudence to be applied by the Clerk shall be the "Prudent Person Rule" which states, "Investments should be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived from the investment." The Prudent Person Rule shall be applied in the context of managing the overall portfolio. The Clerk, in accordance with Section 218.415 of the Florida Statutes and County procedures, will exercise due diligence. The Clerk will follow these policies and procedures. He will work with the Finance Director who will report to him any individual security's credit risk or market price change and recommend appropriate action be taken to control adverse developments. w. 2 26 V. AUTHORIZED INVESTMENTS Authorized investments shall be subject to restrictions as may be imposed by law (Section 218.415 of Florida Statutes). Funds will only be invested in the following securities: 1. Direct obligations of the United States Treasury; 2. State of Florida Local Government Surplus Funds Trust Fund (SBA) for existing funds only; or any intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in FS 163.01. 3. Florida Local Government Investment Trust Fund (FLGIT); 4. Interest-bearing time deposits or savings accounts in qualified public depositories as defined in Section 280.02, Florida Statutes; 5. Federal agencies and instrumentalities; 6. Securities of, or other interests in, any open-end or closed-end management-type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations, and provided that such investment �-- company or investment trust takes delivery of such collateral either directly or through an authorized custodian; 7. Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized Rating agency; or 8. Repurchase agreements with a term of one (1) year of less collateralized by direct obligations of the United States Government which have maturities of three (3) years or less and a market value of 103%or more of the repurchase amount; 9. Derivatives (defined as a financial instrument the value of which depends on, or is derived from,the value of one or more underlying assets or index or asset values), reverse repurchase agreements, or similar forms of leverage are prohibited; 10. Premiums will not be paid for any investments. All investments will be purchased at par or at a discount. VI. MATURITYAND LIQUIDITY County investments shall be managed to maintain liquidity for meeting the County's need for cash and to limit potential market risks. To the extent possible, an attempt will be made to match investment maturities with known cash needs and anticipated cash flow requirements. 3 27 VII. PERFORMANCE MEASURES The yield of the one-year Treasury at a constant, fixed maturity is established as the benchmark for investment of County funds. The actual performance of the portfolio may vary depending on changes in interest rates. VIII. PORTFOLIO COMPOSITION, RISK AND DIVERSIFICATION The following are the guidelines for investments and limits on security issues, issuers and maturities as established by the County. The Investment Advisory Committee shall have the option to further restrict or increase investment percentages from time to time based on market conditions. Purchases of investments based on bond covenant requirements shall not be included in the portfolio composition calculation. With the exception of United States Treasury Obligations, no more than 20% of the entire portfolio shall be invested in any one issuer. No more than 10% of the portfolio may be placed in certificates of deposit with a Qualified Public Depository (and collateralized in accordance with State requirements) and no more than $3 million of the portfolio may be placed in certificates of deposit with any one financial institution. No more than 10% of the portfolio may be placed in any one money market fund, mutual fund, or intergovernmental investment pool. All investments must have stated maturities of ten (10) years or less and no more than 25% of the portfolio shall be invested in instruments with stated final maturities greater than five (5) years. The portfolio shall have securities with varying maturities and at least 10%of the portfolio shall be invested in readily available funds. IX. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS Purchases and sales of authorized investments will only be made through financial institutions that are qualified as public depositories by the Chief Financial Officer of the State of Florida or are "primary dealers" as designated by the Federal Reserve Bank of New York or are broker/dealers that qualify under Securities and Exchange Commission Rule 15C3 (Uniform Net Capital Rule). The Investment Advisory Committee must approve all brokers and dealers who desire to transact trades with the County. All brokers and dealers who desire to transact trades with the County must provide the Finance Director with the following: A. Audited financial statements, B. Proof of National Association of Security Dealers certification, C. Proof of state registration, when required, and D. Certification of having read the County Investment Policy. Brokers and dealers who have been approved by the Investment Advisory Committee must provide annual audited financial statements to the Finance Director. The Investment �.. Advisory Committee will annually review the list of approved institutions and brokers. 4 28 X. SAFEKEEPING AND CUSTODY All securities purchased by the Clerk shall be properly designated as an asset of the County and held in safekeeping by a third party custodial bank, chartered by the United States Government or the State of Florida, and no withdrawal of such securities, in whole or in part, shall be made from safekeeping except by the Finance Director or his designee. The Clerk will execute third party custodial agreements with banks. Such agreements will include details as to the responsibilities of each party, the costs to be borne by each party, notification of security purchases, sales, delivery, repurchase agreements and wire transfers, safekeeping and transaction costs, and procedures in case of unforeseen mishaps. XI. MASTER REPURCHASE AGREEMENT The Clerk will require all approved brokers and dealers transacting repurchase agreements to execute and perform as stated in the Master Repurchase Agreement. All repurchase agreement transactions will adhere to requirements of the Master Repurchase Agreement (Attachment A)and Annex I (Attachment B). XII. BID REQUIREMENTS After the Finance Director has determined the approximate maturity date based on the `�- cash flow needs and market conditions and has analyzed and selected one or more optimal types of investments, a minimum of three qualified brokers and/or dealers will be contacted and asked to provide bids on the securities in question. In most situations the competitive bid process shall be utilized, except when securities are purchased as an initial offering. The Finance Director will choose the appropriate brokers or dealers from among those on the approved broker/dealer list based on expertise, competitiveness and the ability to execute the transaction and deliver the securities on a timely basis. A minimum of three (3) bids will be obtained. I. Bids will be held in confidence until the best bid is determined and awarded, 2. Documentation will be retained for all bids, with the winning bid clearly identified, 3. If for any reason the highest bid (on sales of investments) or the lowest bid (on purchases of investments) is not selected, then the reasons leading to that decision will be clearly documented, 4. If the maturing investment is a certificate of deposit, the present holder of the funds will be one of the contacts made, subject to the portfolio diversification requirements in this policy and the institutions' ability to maintain collateral. 5 29 XIII. INTERNAL CONTROLS The Clerk shall adopt a written set of internal controls and operational procedures to be implemented by the Finance Director, which said controls are designed to protect the County's funds and ensure proper accounting and reporting of securities transactions. Such internal controls shall consist, at a minimum, of the following: 1. All securities purchased or sold will be transferred only under the"delivery versus payment" (DVP) method to ensure that funds or securities are not released until all criteria relating to the specific transaction are met; 2. The Clerk is authorized to accept, on behalf of and in the name of Indian River County, bank trust receipts or confirmations as evidence of actual delivery of the obligations or securities in return for investment of funds; and 3. Trust receipts or confirmations shall fully describe the various obligations or securities held. The receipt or confirmation shall state that the investment is held in the name of Indian River County. 4. The written system of internal controls and operational procedures shall be approved by the Investment Advisory Committee and shall be subject to review by the external auditors as part of the annual financial audit. XIV. REPORTING Quarterly reports will be prepared disclosing current investments, the book value of all investments, earnings for the quarter, market values for all investments, purchases, sales, and maturities of investments and such other information as may be requested. Quarterly and annual reports concerning the investment activities, investment portfolio and performance will be submitted to the Investment Advisory Committee and placed on the consent agenda of the Board of County Commissioners. XV. CONTINUING EDUCATION Given the often complex and diverse nature of investments, and the importance of balancing the safety and liquidity of investments against the desire to maximize interest earnings, deputy clerks responsible for making investment decisions must annually complete sufficient continuing education as required by State law in subjects or courses of study related to investment practices and products. 6 30 JEFFREY R. SMITH .. Clerk of Circuit Court and Comptroller s s Finance Department �yp. 1801 271h Street, Building A Vero Beach, Florida 32960 Telephone (772) 226-1945 TO: Board of County Commissioners (acting as Board of Trustees of OPEB Trust) FROM: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller And Diane Bernardo, Finance Director DATE: October 18, 2013 SUBJECT: Quarterly OPEB Trust Report for Quarter Ending 09/30/2013 Attached please find a summary report consisting of the composition and investment return of the OPEB Trust for the fourth quarter of this fiscal year. These funds are held in trust by our custodian BNY/Mellon. This report was reviewed by our investment advisory committee on October 17, 2013. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly OPEB Trust Report. Indian River County— Approved Date Administrator 31 County Attorney Budget 10 Zg 13 Department Risk Management 31 Indian River County eV Other Post Employment Benefits Trust M Year Ended September 30, 2013 09/30/2013 Current Target Description Value Allocation SHORT TERM PORTION 100%cash equivalents Fidelity Treasury Money Market $ 32,198 100.0% Short-Term Portion Total $ 32,198 100.0% SO%Equities Vanguard S00 Index $ 2,556,906 22.2% USE All-World $ 2,346,217 20.3% Vanguard Mid Cap Index $ 620,459 5.4% Vanguard Small Cap Index $ 316,318 2.7% 50%Equities Subtotal $ 5,839,900 50.6% 40%Fixed Debt Securities Vanguard Short Term Treasury $ 3,418,774 29.6% Vanguard intermediate Treasury $ 1,148,802 10.0% 40%Fixed Debt Securities Subtotal $ 4,567,576 39.6% 10%Cash Equivalents Vanguard Prime Money Market $ 926,688 8.0% Vanguard Federal Money Market $ 205,606 1.8% 10%Cash Equivalents Subtotal $ 1,132,294 9.8% Long-Term Portion Total $11,539,770 100.0% Portfolio Total $11,571,968 (A) 100.0% (A)September 30,2013 values agreed to the Bank of New York statement. Benchmark Performance Grouping Return Benchmark Timeframe Short-Term Portion 0.01% 0.00% 12 months Long-Term Portion: Total-50%Equities(Blended) 19.70% 19.71% 12 months Total-40%Fixed Debt Securities(Blended) -0.54% -1.03% 12 months Total- 10%Cash Equivalents(Blended) 0.03% 0.00% 12 months Total Long-Term(Blended) 9.37% 9.17% 12 months Total Portfolio (Blended) 8.58% 8.40% 12 months Y I BNY MELLON Thr ii.a ,•t N,, lwr.t-i,il (:�•�npanp,11 A_ l Iwo INDIAN RIVER COUNTY Account Statement ATTN: FINANCE DIRECTOR - --- -- - 1801 27TH ST BLDG A Statement Period 09/0112013 Through 09/30/2013 VERO BEACH FL 32960-3388 = Account r INDIAN RIVER CO OPEB T RUST L Z CLIENT SERVICE MANAGER:CHRISTY SHEPPARD BNY Mellon has a team of professionals devoted exclusively to arbitrage 10161 CENTURION PARKWAY compliance services for tax-exempt bond issuers and conduit borrowers. JACKSONVILLE,FL 32256 For additional information,please contact your Relationship Manager. 904-645-1946 CHRISTY.SHEPPARD@BNYMELLON.COM If you are interested in accessing your Account Statement on-line,please contact your Relationship Manager about our web-based INFORM product. ADMINISTRATIVE CONTACT:CLAYTON WOODARD 10161 CENTURION PARKWAY Visit us at www.bnymellon.com JACKSONVILLE.FL 32256 904-998-4743 CLAYTON-WOODARD@BNYMELLON.COM Account Overview Percent of all Investments Asset Classification Market Value 61% EQUITY 6,972,192.98 <: 39% FIXED INCOME 4,567,576.50 <1% CASH AND SHORT TERM 32,198.37 100% TOTAL OF ALL INVESTMENTS 11,571,967.85 i Summary of Assets Held Asset Classification Market Value Cost Accrued Income Est Annual Income Market Yield GC)l11TY 6.972,192.98 5.221.782.54 000 127.497.45 1 82°, FIXED INCOtdL 4,567.576 50 3.568.342.17 0.00 1.1513,353 91 25.36 GASi I AND SI iOR I I FHt.1 32.198.37 32,198.37 0110 3.22 0.01 ACCOUNT TOTALS 11,571,967.85 8,822,323.08 0.00 1,285,854.58 11.11% Summary of Cash Transactions Current Period Year-to-Date Realized Transaction Category Income Principal Gains,Losses Income Principal OPENING BALANCE 0.00 0.00 0.00 0.00 DiVIDENUS 24,671.82 o on 000 97,310.18 0.00 SALES AND RFDEtAI'I IONS 000 1,694,231.22 000 000 3.617.246.97 U i Hf ll CASK ADOIT I'>NS 000 24.763.64 0.00 0.00 2.344,506 26 ('AYI✓f_NIS ANO WITHDRAWALS 21,671.82 - 1.693.734 00 - 0.00 97,310.18 1,693734.00 - 1 HI R(Wc0I nlsRuRS1-r.4E N IS 000 510 00 009 0.00 1,44o.nn PURGIIAS1 0.00 24,750 86 000 0.00 4.266,579.23 i CLOSING BALANCE 0.00 0.00 0.00 0.00 0.00 I he above cash hansarlions summary is provided for information purposes only and may not reflect ac.lual taxable incorne or deductible e>penses as reportable under the Inlemal Revenue Code. I c, la I� Ir' awr I, Page 47 of 66 Page 1 of 6 33 JEFFREY R. SMITH s s Clerk of Circuit Court and Comptroller t� 1801 27th Street, Building A Vero Beach, Florida 32960 Telephone (772) 226- 1205 TO: Board of County Commissioners FROM: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller. And Diane L. Bernardo, Finance Director DATE: October 18, 2013 SUBJECT: Quarterly Investment Report for Quarter Ending 09/30/2013 BACKGROUND Attached to this memorandum is the composition of the investment portfolio and investment earnings for the fourth quarter of this fiscal year. This report was reviewed by our investment advisory committee on October 17, 2013. SBA Update Fund B cash holdings are being distributed as they become available from maturities, sales, investment interest and other income received from the assets in Fund B. The investment objective of Fund B is to maximize the present value of distributions to participants. During the quarter$22,567 was withdrawn from Fund B. The balance in Fund B was $228,222 and has an estimated realization value of 113% ($258,489) as determined by the SBA financial advisors. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Investment Report. Indian River County Apgwved Date Administrator County Attorne Budget Department Risk Mana ement 34 Indian River County Investment Advisory Committee �••- Quarterly Investment Report July 1,2013 through September 30,2013 INVESTMENT POLICY In accordance with Section 218.415, Florida Statutes, the Board of County Commissioners adopted an Investment Policy to govern the investment of county funds by the Clerk of the Circuit Court.The Policy states the primary objectives of investment activities are to preserve capital and to provide sufficient liquidity to meet the cash flow needs of the county. Investment returns are secondary to the requirements for safety and liquidity. INVESTMENT ADVISORY COMMITTEE An Investment Advisory Committee meets quarterly to review the previous quarter's investment activities, evaluate current and future liquidity needs, recommend investment strategies. The Committee consists of the Clerk of the Circuit Court, Finance Director, Internal Auditor, Budget Director, and three qualified citizens with investment or financial management expertise. The individuals who have agreed to serve are: David W. Griffis, Senior Vice President with Northern Trust Bank of Florida; Ted Libby, Senior Portfolio Manager with Cypress Capital Group; Andy Beindorf, Executive Vice President with CenterState Bank. AUTHORIZED INVESTMENTS As permitted by the Investment Policy, funds were invested only in the following types of investments: Federal Farm Credit Banks bonds and discount notes(FFCB), ..» Federal Home Loan Banks bonds and discount notes(FHLB), Federal Home Loan Mortgage Corporation bonds and discount notes(FHLMC), Federal National Mortgage Association bonds and discount notes(FNMA), Treasury Notes and Bills, State of Florida Local Government Surplus Funds Trust Fund(SBA)(for existing funds only), Florida Local Government Investment Trust(FLGIT), Other intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in F.S. 163.0 1, Certificates of Deposit(CDs), Money Market Funds, Repurchase Agreements. BOND PROCEEDS INVESTMENT The current bond reserve is placed with Bank of New York/Mellon and is currently invested in short- term treasury bills and agencies. 1 of 2 35 INVESTMENT ACTIVITY As of September 30,2013 the investments portfolio book value was$279,010,082 with a market value of $279,223,074. Of the$279,010,082, portfolio total, $253,002,474 is restricted for the following purposes: $ 65,120,687 Special revenue projects $ 2,506,369 Debt payments for county bonds $ 46,895,917 Capital projects $ 135,964,039 Business-type activities $ 2,515,462 Escrow Funds $ 253,002,474 TOTAL RESTRICTED CASH BY FUND TYPE (PERCENTAGES) Special Escrow Revenue 1% 26% Debt Service 1% Capital Business- Projects Type 18% 54% The weighted average maturity of the investments as of September 30, 2012 is 13 months. Yields on the individual investments ranged from 0.11%to 1.20%. The overall average yield for the quarter was 0.32%. Information on investment activity, total cash flows, interest earnings, and charts providing additional information regarding the investment of surplus funds such as the portfolio composition and maturity distribution are attached. The attached schedules list the portfolio composition and activity for the quarter ending September 30, 2013: Schedule I Portfolio sorted by type of debt instrument Schedule 2 Portfolio sorted by maturity date Schedule 3 Portfolio by maturity date bar graph Schedule 4 Portfolio by type pie chart Schedule 5 Investment purchases,calls and maturities for the quarter Schedule 6 Summary of cash flows and balances by month Schedule 7 Interest earnings summary Schedule 8 Allocation of investments by fund types(unrestricted and restricted balances) 2 of 2 36 Schedule 1 Indian River County,Florida Board of County Commissioners Investments By Type September 30,2013 09130/13 Coupon/ Purchase Maturity Years To Yield To Original Portfolio Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value % FFCB Bullet 3133EACV8 0.220% 02/10/12 02/10/14 0.36 0.220% $2,000,000 $2,000,000.00 FFCB Callable 3133EABHO 0375% 01/27/12 03/03/14 0.42 0.375% $2,000,000 $2,000,000.00 FFCB Bullet 3133ECQBO 0.140% 05/22/13 05/22/14 0.64 0.140% $2,000,000 $2,000,000.00 FFCB Bullet 3133EAUMB 0.375% 06/18/12 06/18/14 0.72 0.375% $2,000,000 $2,000,000.00 FFCB Callable 3133ECBS2 0.230% 12/26/12 06/26/14 0.74 0.230% $2,000,000 $2,000,000 00 FFCB Bullet 3133EC51.14 0.250% 12/07/12 07/07/14 0.77 0250% $2,000,000 $2,000,000.00 FFCB Bullet 3133ECFK5 0.200% 02/15/13 09/28/14 0.99 0.200% $2,000.000 $2,000,000.00 FFCB Callable 3133EA3A4 0.280% 10/02/12 09/02/14 0.92 0.280% $2.000,000 $2,000,000.00 FFCB Callable 3133EAZ50 0.270% 09/25/12 09/25/14 0.99 0.270% $2,000.000 $2,000,000.00 FFCB Bullet 3133EA6W3 0.270% 11/05/12 11/05/14 1.10 0.270% $2,000,000 $2,000,000.00 FFCB Bullet 3133ECCM4 0.250% 01/14/13 11/14/14 1.12 0.250% $2,000,000 $2,000,000.00 FFCB Bullet 3133EC2X1 0270% 11/19/12 11/19/14 1.14 0.270% $2,000,000 $2,000,000.00 FFCB Callable 3133EA3UO 0.300% 10/09/12 01/09/15 128 0311% $2,000,000 $1,999,500.00 FFCB Bullet 3133ECFJB 0.250% 02/14113 01/30/15 1.33 0.250% $2,000,000 $2,000,000.00 FFCB Bullet 3133ECEC4 0.280% 02/04/13 02/04/15 1.35 0.280% $2,000,000 $2,000,000.00 FFCB Callable 3133EAU30 0.320% 09/12/12 03/12/15 1.45 0.342% $2,000,000 $1,998,900.00 FFCB Bullet 3133EC5Q3 0.330°/ 12/03/12 03/16/15 1.46 0.330% $2,000,000 $2,000,000.00 FFCB Bullet 3133EC4A9 0.300% 11/23/12 04115/15 1.54 0.300% $2,000,000 $2,000,000.00 FCCB Bullet 3133ECNU4 0.220% 05/06/13 05/06/15 1.60 0.220°/ $2,000,000 $2,000,000.00 FFCB Bullet 3133EC6F6 0.350% 12/05/12 06/01/15 1.67 0.350% $2,000,000 $2,000,000 00 FFCB Callable 3133ECSH8 0.370% 06/18/13 06/18/15 1 72 0.370% $2,000,000 $2,000,000.00 FFCB Callable 3133ECVP6 0.390% 08/05/13 08/05/15 1.85 0.390% $2,000,000 $2,000,000.00 FFCB Callable 3133ECHE76 0.350% 03/11/13 09/11/15 1.95 0.350% $2,000,000 $2,000,000.00 FFCB Callable 3133ECXM1 0.590°% 08/19/13 02/19/16 2.39 0.590% $2,000,000 $2,000,000.00 $48,000.000 $47,998,400.00 17.63% FHLB Bullet 31337494Z9 0.280% 04/27/12 10/25/13 0.07 0.280% $2,000,000 $2,000,000 00 FHLB Bullet 313373HA03 1.200% 04/28/11 10/28/13 0.08 1.200% $2,000,000 $2,000,000.00 FHLB Disc 313385NW2 0.160% 11/20/12 11/05/13 0.10 0.160°% $2,000,000 $1,996,888.89 FHLB Disc 313385PEO 0.160% 11/20/12 11/13/13 0.12 0.160% $2,000,000 $1,996,817.78 FHLB Bullet 313381PM1 0.180% 01/04/13 01/03/14 0.26 0.180% $2,000,000 $2,000,000.00 FHLB Disc 313385ROl 0.140% 02/06/13 01/10/14 0.28 0.142% $2,000,000 $1,997,371.12 FHLB Disc 313385RX6 0.140°% 02/01/13 01/17/14 0.30 0.142% $2,000,000 $1,997,277.78 FHLB Disc 313385SE7 0.140% 02/01/13 01/24/14 0.32 0.142% $2,000,000 $1,997,223 34 FHLB Disc 313385SS6 0.140% 02/08/13 02/05/14 0.35 0.145°% $3,000,000 $2,995,625.83 FHLB Disc 313385TJ5 0.160% 02/25/13 02/21/14 0.39 0.162% $2,000,000 $1,996,791.12 FHLB Disc 313385UF1 0.130% 04/02/13 03/14/14 0.45 0.132% $2.000,000 $1,997,501.12 FHLB Bullet 313382RL9 0.125% 04/11/13 04/11/14 0.53 0.125% $2,000,000 $2,000,000.00 FHLB Bullet 3133383PU9 0.190% 07/22/13 07/22/14 0.81 0.190% $2,000,000 $2,000,000 00 FHLB Bullet 313382ML4 0.230% 04/08/13 10/08/14 1.02 0.230% $2,000,000 $2,000,000.00 FHLB Bullet 313382MM2 0230°% 04/15/13 10/15/14 1.04 0230% $2,000,000 $2,000,000.00 FHLB Callable 313383DDO 0.300% 06/19/13 06/19/15 1.72 0.300% $2,000,000 $2,000,000 00 FHLB Callable 313382A45 0.400% 02/28/13 08/28/15 1.91 0.400% $2,000,000 $2,000,000.00 FHLB Callable 313382839 0.375°% 04/22/13 10/22/15 2.06 0.375°% $2,000,000 $2,000,000.00 FHLB Callable 313382W66 0,340% 05/16/13 11/16/15 213 0340% $2,000,000 $2,000,000 00 $39,000,000 $38,975,496.98 1432% FHLMC Disc 313397UN9 0.110% 06/04/13 03/21/14 0.47 0.110% $2,000,000 $1,998,227.78 FHLMC Disc 313397VZ1 0.110% 07/30/13 04/25/14 0.57 0.111°% $2,000,000 $1,998,356.12 FHLMC Disc 313397WK3 D.140% 07/02/13 05/05/14 0.59 0.140% $2,000,000 $1,997,612.22 FHLMC DISC 313397WS6 0.140% 07/02/13 05/12/14 0.61 0.140°% $2,000,000 $1,997,557.78 FHLMC Disc 313397XW6 0.140°% 07/17/13 06/09/14 0.69 0.142% $2,000,000 $1,997,456.66 FHLMC Disc 3134G4DZ8 0.500°% 07/30113 07/30/15 1.83 0.500% $2,000,000 $2,000,000.00 FHLMC-1X Call 3134G4ELB 0.450% 08/21/13 08/21/15 1.89 0.450% $2,000,000 $2,000,000.00 FHLMC-1X Call 3134G4FE3 0.400°% 09/04/13 09/04115 1.93 0.400% $2,000,000 $2,000,000.00 $16,000,000 $15,989,210.56 5.87% FNMA Disc 313589MR1 0170% 11/15/12 10/07/13 002 0.170°% $2,000,000 $1,996,921.12 FNMA Disc 313589VS9 0.120% 06/04/13 04/18/14 0.55 0.122% $2,000,000 $1,997,880.00 FNMA DISC 313589YT4 0.130% 07/25/13 06/30/14 0.75 0.132°% $3,000,000 $2,996,316.66 FNMA Callable 3135GOSQ7 0.400°% 12/24/12 06/24/15 1.73 0.400% $2,000,000 $2,000,000.00 FNMA Callable 3135GOWH2 0.375% 04/29/13 10/29115 208 0.375% $2,000,000 $2,000,000.00 FNMA Callable 3136G1SN0 0625°% 08/26/13 02/26/16 2.41 0.625°% $2,000,000 $2,000,000.00 FNMA Callable 3136G1UG2 0.800°% 09/11/13 03/11/16 245 0.800% $2,000,000 $2,000,000.00 $15,000,000 $14,991,117.78 5.51°% Treasury Note 912828PBO 0.500% 04/21/11 10/15/13 0.04 0918% $3,000,000 $2,969,296.88 Treasury Note 912828RN26 0.250°% 10/31/11 10/31/13 0.08 0.250% $2,000,000 $2,000,000.00 Treasury Note 912828RS13 0.250% 11/30/11 11/30/13 017 0.250°% $3,000,000 $3,000,000.00 Treasury Note 912828RW2 0.125% 04/20/12 12/31/13 025 0 259% $3,000,000 $2,993,203 13 Treasury Note 912828RW2 0 125% 12/06/12 12/31/13 025 0,187% $3,000,000 $2,998,007.81 Treasury Note 912828SB7 0.250°% 03/15/12 01/31/14 034 0.375% $3,000,000 $2,992,968.75 Treasury Note 912828SG6 0.250% 02/29/12 02/28/14 041 0.258% $3,000,000 $2,999,531.25 1of2 37 Schedule 1 Indian River County,Florida Board of County Commissioners Investments By Type September 30,2013 rr► 09/30/13 Coupon/ Purchase Maturity Years To Yield To Original Portfolio Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value % Treasury Note 912828SL50 0.250% 04/02/12 03/31114 0.50 0.300% $3,000,000 $2,997,019.29 Treasury Note 912828SR21 0250% 04/30/12 04/30/14 0.58 0250% $3,000.000 $3,000,000.00 Treasury Note 912828SW16 0.250% 05/31/12 05/31/14 0.67 0.275°/ $3,000,000 $2,998,505.13 Treasury Note 912828TF73 0.125% 11/28/12 07/31/14 0.83 0233% $3,000,000 $2,994,609.30 Treasury Note 912828TF73 0.125% 07/31/12 07/31/14 0.83 0.200% $3,000,000 $2,995,511.22 Treasury Note 912828TL42 0.250% 08/31/12 08/31/14 0.92 0.250% $3,000,000 $3,000,000.00 Treasury Note 912828TO3 0.250% 10/01/12 09/30/14 1.00 0250% $3,000,000 $3,000,000.00 Treasury Note 912828TU4 0.250% 10/31/12 10/31/14 1 08 0.289% $3,000,000 $2,997,656.25 Treasury Note 912828TZ3 0.250% 11/30/12 11/30/14 1.17 0.250% $3,000,000 $3,000,000.00 Treasury Note 912828UDO 0.125% 12/31/12 12/31/14 1.25 0.232% $3,000,000 $2,993,598.57 Treasury Note 912828RZ5 0.250% 11/20/12 01115/15 1.29 0.254% $3,000,000 $2,999,765.70 Treasury Note 912828RZ5 0.250% 12/06/12 01/15/15 1.29 0.254% $3,000,000 $2,999,765.63 Treasury Note 912828UK40 0.250% 01/31113 01/31/15 1.34 0.260% $3,000,000 $2,999,401 94 Treasury Note 912828SE1 0.250% 11/16/12 02/15/15 1 38 0274% $3,000,000 $2,998,359.38 Treasury Note 912828SE1 0.250% 12/06112 02/15/15 1 38 0.261% $3.000,000 $2,999,296 88 Treasury Note 912828UP37 0.250% 02/28/13 02/28/15 1.41 0.250% $3,000,000 $3,000,000.00 Treasury Note 912828UT58 0.250% 04/01/13 03/31/15 1.50 0.250% $3,000,000 $2,999,999.97 Treasury Note 912828UY44 0.125% 04/30/13 04/30/15 1.58 0.210% $3,000,000 $2,994,913.35 Treasury Note 912828SU5 0.250% 11/29/12 05/15/15 1 62 0.291% $3,000,000 $2,996,953.13 Treasury Note 912828SU5 0.250°/ 12/06/12 05/15/15 1.62 0.269% $3,000,000 $2,998,593.75 Treasury Note 912828VD97 0250% 05/31/13 05/31/15 1.67 0.260% $3,000,000 $2,999,401.94 Treasury Note 912828TF73 0.125% 11/28/12 07/15/15 1 79 0.233% $3,000,000 $2,995,664.10 Treasury Note 912828TF73 0.125% 12/06/12 07/15/15 1.79 0.280% $3,000,000 $2,997,656.25 Treasury Note 912828TK6 0.250% 12/14/12 08/15/15 1.87 0.316% $3,000,000 $2,994,726.56 Treasury Note 912828TK6 0.250°% 12/21/12 08/15115 1.87 0.333% $3,000,000 $2,993,437.50 Treasury Note 912828vul 0375% 09/03/13 08/31/15 1.92 0.375°% $3,000,000 $3,000,000.00 Treasury Note 912828TP5 0.250% 02/08/13 09/15115 1 96 0.333% $3,000,000 $2,993,554.50 Treasury Note 912828TP5 0.250°% 02/21/13 09/15/15 1.96 0.336°% $3,000,000 $2,993,437.50 Treasury Note 912828VU1 0.250% 09/30/13 09/30/15 2.00 0.328% $3,000,000 $2,995,312.50 $107,000.000 $106,880,146.16 39.26% SunTrust Bank Money Market $12,090,686.64 4.44% SBA--Local Govt Surplus Trust Funds Investment Pool B $228.221.81 0.08% FACC--Florida Local Govt Investment Trust-Day to Day Money Market $11,054,404.16 4.06°% Regions Bank Money Market $13,050.362.97 4.79°% Total Unrestricted General Cash&Equivalents $261,258,049.06 Restricted Cash-Landfill FACC--Florida Local Govt Investment Trust-Landfill Closure&Postclosure Reserves-adjusted for fair mkt value $10,978,125.96 4.04°% Total Pooled Cash 3 Equivalents $272,236,176.02 100.00°% Restricted Cash-Health Insurance Wells Fargo-BCBS Claims Account $1,238,934.78 Citibank-BCBS Imprest Acct $84,000.00 Total Restricted Cash-Health Insurance $1,322,934.78 Restricted Cash-Bond Covenants(held by BNY/Mellon) Fidelity Institutional Treasury Money Market-Utilities Debt Service Reserve $13,230.42 N/A Treasury Note 912828RW2 0125% 01/03112 12/31/13 0.25 0.219% $1,352,000.00 $1,352,256.88 Treasury Note 912828TA8 0.250% 07/02/12 06/30/14 0.75 0.250% $1,460,000.00 $1,461,649.80 Treasury Note 912828TZ3 0.250% 11/30/12 11/30/14 1.17 0.250% $1,030,000.00 $1,031,163.90 Treasury Note 912828VHO 0.375°% 07/01/13 06/30/15 1.75 0.375% $1,592,000.00 $1,592,67120 Total Restricted Cash-adjusted for fair market value $5,450,972.20 Total Portfolio $279,010,082.00 Note:See separate investment report for OPER funds. 2of2 38 Schedule 2 Indian River County,Florida Board of County Commissioners Investment By Maturity Date September 30,2013 09/30/13 Coupon/ Purchase Maturity Years To Yield To Original Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value Mo Cash Flow FNMA Disc 313589MR1 0.170% 11/15/12 10/07/13 0.02 0.170% $2,000,000 $1,996,921.12 Treasury Note 912828PBO 0.500% 04/21/11 10/15/13 0.04 0.918% $3,000,000 $2,969,296.88 FHLB Bullet 3133794Z9 0,280% 04/27112 10/25/13 0.07 0.280% $2,000,000 $2,000,000.00 FHLB Bullet 313373HA3 1.200% 04/28/11 10/28/13 0 08 1.200% $2,000,000 $2,000,000.00 Treasury Note 912828RN26 0.250% 10131/11 10/31113 0.08 0.250% $2,000,000 $2,000,000.00 $ 11,000,000 FHLB Disc 313385NW2 0.160% 11/20/12 11/05/13 0.10 0.160% $2,000,000 $1,996,886.89 FHLB Disc 313385PED 0.160% 11/20/12 11/13/13 0.12 0.160% $2,000,000 $1,996,817.78 Treasury Note 912828RS13 0.250% 11/30/11 11/30/13 0.17 0.250% $3,000,000 $3,000,000.00 $ 7,000,000 Treasury Note 912828RW2 0,125% 12/06/12 12/31113 0.25 0.187% $3,000,000 $2,998,007 81 Treasury Note 912828RW2 0.125% 04/20/12 12/31113 0.25 0220% $3,000.000 $2,993,203.13 $ 6,000,000 FHLB Bullet 313381PM1 0.180% 01/04/13 01/03/14 0.26 0.180% $2,000,000 $2,000,000.00 FHLB Disc 313385ROl 0.140% 02/06/13 01/10/14 0.28 0.142% $2,000,000 $1,997,371.12 FHLB Disc 313385RX6 0.140% 02/01/13 01/17/14 0.30 0.142% $2,000,000 $1,997,277.78 FHLB Disc 313385SE7 0.140% 02/01/13 01/24114 032 0.142% $2,000.000 $1,997,223.34 Treasury Note 912628SB7 0.250% 03/15/12 01/31/14 0.34 0.375% $3,000,000 $2,992,968.75 $ 11,000,000 FHLB Disc 313385SS6 0140% 02/08/13 02/05/14 0.35 0.145% $3,000,000 $2,995,625.83 FFCB Bullet 3133EACV8 0.220% 02/10/12 02/10/14 0.36 0.220% $2,000,000 $2,000,000.00 FHLB Disc 313385TJ5 0.160% 02/25/13 02/21/14 0.39 0.162% $2,000,000 $1,996,791.12 Treasury Note 912828SG6 0.250% 02/29/12 02/28114 0.41 0.258% $3,000,000 $2,999,531.25 $ 10,000,000 FFCB Callable 3133EABHO 0.375% 01/27/12 03/03/14 0.42 0.375% $2,000,000 $2,000,000 00 FHLB Disc 313385UF1 0.130% 04/02/13 03/14/14 0.45 0.132% $2,000,000 $1,997,501.12 FHLMC Disc 313397UN9 0.110% 06/04/13 03/21/14 0.47 0.111% $2,000,000 $1,996,227.78 Treasury Note 912828SL5 0.250% 03/31/12 03/31114 0.50 0.300% $3,000,000 $2,997,019.29 $ 9,000,000 FHLB Bullet 313382RL9 0.125% 04/11/13 04/11/14 0.53 0.125% $2,000,000 $2,000,000.00 FNMA Disc 313589VS9 0.120% 06/04/13 04/18/14 0.55 0.122% $2,000,000 $1,997,880.00 FHLMC Disc 313397VZ1 0.110% 07/30/13 04125/14 0.57 0.111% $2,000,000 $1,998,356.12 Treasury Note 912628SR2 0.250% 04/30/12 04/30/14 0.58 0.250% $3,000,000 $3,000,000.00 $ 9,000,000 FHLMC DISC 313397WK3 0.140% 07/02/13 05/05114 0.59 0.140% $2,000,000 $1,997,612.22 FHLMC Disc 313397WS6 0.140% 07102/13 05/12/14 0.61 0.140% $2,000,000 $1,997,557.78 FFCB Bullet 3133ECQ80 0.140% 05/22/13 05/22/14 0.64 0.140% $2,000,000 $2,000.000.00 Treasury Note 912828SW1 0.250% 05/31/12 05/31/14 067 0.275% $3,000,000 $2,998,505.13 $ 9,000,000 FHLMC Disc 313397XW6 0140% 07/17/13 06/09/14 0.69 0.140% $2,000,000 $1,997,456.66 FFCB Bullet 3133EAUM8 0.375% 06/18/12 06/18/14 0.72 0.375% $2,000,000 $2,000,000.00 .r. FFCB Callable 3133ECBS2 0.230% 12/26/12 06/26/14 074 0.230% $2,000,000 $2,000,000.00 FNMA Disc 313589YT4 0.130% 07/25/13 06/30/14 075 0.132% $3,000,000 $2,996,316.66 $ 9,000,000 FFCB Bullet 3133EC5U4 0.250% 12/07/12 07/07114 077 0.250% $2,000,000 $2,000.000.00 FHLB Bullet 313383PU9 0.190% 07/22/13 07/22/14 081 0.190% $2,000,000 $2.000,000.00 Treasury Note 912828TF73 0-125% 11/26/12 07/31/14 083 0.233% $3,000,000 $2,994,609.30 Treasury Note 912828TF73 0.125% 07/31/12 07/31/14 0.83 0.200% $3,000,000 $2,995,511.22 $ 10,000,000 FFCB Bullet 3133ECFK5 0.200% 02/15/13 08/28114 0.91 0.200% $2,000,000 $2,000,000.00 Treasury Note 912828TL42 0.250% 08131/12 08/31/14 092 0.250% $3,000,000 $3,000,000.00 $ 5,000,000 FFCB Callable 3133EA3A4 0280% 10/02/12 09/02/14 0.92 0.280% $2,000,000 $2,000,000.00 FFCB Bullet 3133EAZ50 0.270% 09/25/12 09/25/14 0.99 0.270% $2,000,000 $2,000,000.00 Treasury Note 912828TQ3 0250% 10/01/12 09/30114 1.00 0.250% $3.000,000 $3,000,000.00 $ 7,000,000 FHLB Bullet 313382ML4 0.230% 04/08/13 10/08/14 1.02 0.230% $2,000,000 $2,000,000.00 FHLB Bullet 313382MM2 0.230% 04/15/13 10/15/14 1.04 0.230% $2,000,000 $2,000,000.00 Treasury Note 912828TU4 0.250% 10/31/12 10/31/14 1 08 0.289% $3,000,000 $2,997,656.25 $ 7,000,000 FFCB Bullet 3133EA6W3 0.270% 11/05/12 11/05/14 1 10 0.270% $2,000,000 $2,000,000.00 FFCB Bullet 3133ECCM4 0.250% 01/14/13 11/14/14 1.12 0.250% $2,000,000 $2,000,000.00 FFCB Bullet 3133EC2X1 0.270% 11/19112 11/19/14 1.14 0.270% $2,000,000 $2,000,000.00 Treasury Note 912828TZ3 0.250% 11/30/12 11/30/14 1.17 0.250% $3,000,000 $3,000,000.00 $ 9,000,000 Treasury Note 912828UDD 0.125% 12/31/12 12/31/14 1.25 0.232% $3,000,000 $2,993,598.57 $ 3,000,000 FFCB Callable 3133EA3U0 0.300% 10/09/12 01/09/15 1.28 0.311% $2,000,000 $1,999,500.00 Treasury Note 912828RZ5 0.250% 12/06112 01/15/15 1.29 0.254% $3,000,000 $2,999,765.63 Treasury Note 912828RZ5 0.250% 11/20/12 01/15/15 1.29 0.254% $3,000,000 $2,999,765.70 FFCB Bullet 3133ECFJ8 0.250% 02114/13 01/30115 1.33 0.250% $2,000,000 $2,000,000.00 Treasury Note 912828UK40 0.250% 01/31/13 01/31/15 1.34 0260% $3,000,000 $2,999,401.94 $ 13,000,000 FFCB Bullet 3133ECEC4 0.280% 02/04113 02/04/15 1.35 0.280% $2,000,000 $2,000,000.00 Treasury Note 912828SE1 0.250% 11/16/12 02/15/15 1 38 0274% $3,000,000 $2,998,359.38 Treasury Note 912828SE1 0.250% 12/06/12 02/15/15 138 0.261°/ $3,000,000 $2,999,296.88 Treasury Note 912828UP37 0.250°/ 02/28/13 02/28/15 1 41 0250% $3,000,000 $3,000,000.00 $ 11,000,000 FFCB Callable 3133EAU30 0.320% 09112/12 03/12/15 1.45 0.342% $2,000,000 $1,998,900.00 FFCB Bullet 3133EC503 0.330% 12/03/12 03/16/15 1.46 0.330% $2.000,000 $2.000,000.00 Treasury Note 912828UT58 0.250% 04/01/13 03/31/15 1.50 0.250% $3,000,000 $2,999,999.97 $ 7,000,000 FFCB Bullet 31333EC4A9 0.300°/ 11/23/12 04/15/15 1.54 0.300% $2.000,000 $2,000,000.00 Treasury Note 912828UY44 0125% 04/30/13 04/30/15 1 58 0210% $3,000,000 $2,994,913.35 $ 5,000.000 FFCB Bullet 3133ECNU4 0.220% 05/06/13 05/05/15 160 0.220% $2,000,000 $2,000,000.00 Treasury Note 912828SU5 0.250% 12/06/12 05/15/15 1 62 0.269% $3.000,000 $2,998,593.75 Treasury Note 912828SU5 0.250°! 11129/12 05/15/15 162 0.291% $3.000,000 $2,996,953.13 loft 39 Schedule 2 Indian River County,Florida Board of County Commissioners Investment By Maturity Date September 30,2013 tea.- Coupon/ Purchase Maturity Years To Yield To Original 09!30/13 Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value Mo Cash Flow Treasury Note 912828VD97 0.250% 05/01/13 05/31/15 1.67 0.260% $3,000,000 $2,999,401.94 $ 11,000,000 FFCB Bullet 3133EC61`6 0.350% 12/05/12 06/01/15 1 67 0.350% $2.000,000 $2,000,000.00 FFCB Callable 3133ECSH8 0.370% 06/18/13 06/18/15 1.72 0.370% $2,000,000 $2,000,000 00 FHLB Callable 313383DD0 0.300°/ 06/19/13 06/19/15 1 72 0.300% $2,000,000 $2,000,000 00 FNMA Callable 3135GOSQ7 0400% 12/24/12 06/24/15 1.73 0,400% $2.000,000 $2,000.000 00 $ 8,000,000 Treasury Note 912828TD2 0.250% 12/06/12 07/15/15 1 79 0.281% $3,000,000 $2,997,656.25 Treasury Note 912828TD2 0.250% 11/28/12 07/15/15 1.79 0.305% $3,000,000 $2,995,664.10 FHLMC Callable 3134G4DZ8 0.500% 07/30/13 07/30/15 1.83 0.500% $2,000,000 $2,000,000.00 $ 8,000,000 FFCB Callable 3133ECVP6 0.390% 08/05/13 08/05/15 1.85 0.390% $2,000,000 $2,000,000.00 Treasury Note 912828TK6 0.250% 12114/12 08/15/15 1,67 0316% $3,000,000 $2,994,726.56 Treasury Note 912828TK6 0.250% 12/21112 08/15/15 1.87 0.333% $3,000,000 $2,993,437.50 FHLMC-1X 3134G4ELB 0.450% 08/21/13 08/21/15 1.89 0.450% $2,000,000 $2,000,000.00 FHLB Callable 313382A45 0.400% 02/28/13 08/28/15 1.91 0.400% $2,000,000 $2,000,000.00 Treasury Note 912828VUl 0.375% 09/03/15 08/31/15 1.92 0.375% $3,000,000 $3,000,000.00 $ 15,000,000 FHLMC-1X 3134G4FE3 0.400% 09/04/13 09/04/15 1.93 0.400% $2,000,000 $2,000,000.00 FFCB Callable 3133ECHE76 0.350% 03111/13 09/11/15 1.95 0.350% $2,000,000 $2.000,000.00 Treasury Note 912828TP5 0.250% 02/08/13 09/15/15 1.96 0.333% $3,000,000 $2.993,554.50 Treasury Note 912828TP5 0.250% 02/21/13 09/15/15 1.96 0.336% $3,000,000 $2,993,437.50 Treasury Note 912828VY35 0.250% 09/30/13 09/30/15 2.00 0.328% $3,000,000 $2,995,312.50 $ 13,000,000 FHLB Callable 313382R39 0.375% 04/22/13 10/22/15 2.06 0.375% $2,000,000 $2,000,000.00 FNMA Callable 3135GOWH2 0.375% 04/29/13 10/29/15 2.08 0.375% $2,000,000 $2,000,000.00 $ 4,000,000 FHLB Callable 313382W66 0340% 05/16/13 11/16/15 2.13 0.340% $2,000,000 $2,000,000.00 $ 2,000,000 FFCB Callable 3133ECXM1 0.590% 08/19/13 02/19/16 2.39 0.590% $2,000,000 $2,000,000.00 FNMA Callable 3136G1SN0 0.625% 08/26/13 02/26/16 2.41 0.625% $2,000,000 $2,000,000.00 $ 4,000,000 FNMA Callable 3136G1UG2 0.800% 09/11/13 03/11/16 245 0.800°/ $2,000,000 $2,000,000.00 $ 2,000,000 Sub Total-General Investments $225,000,000 $224,834,373.48 $225,000,000 SunTrust Bank Money Market $12,090,686.64 SBA--Local Govt Surplus Trust Funds Investment Pool B $228,221.81 FACC--Florida Local Govt Investment Trust-Day to Day Money Market $11,054,404.16 Regions Bank Money Market $13,050,362.97 Total Unrestricted General Cash&Equivalents $261,268,049.06 Restricted Cash-Landfill FACC-Florida Local Govt Investment Trust-Landfill Closure&Postclosure Reserves-adjusted for fair mkt value $10,978,125.96 Total Pooled Cash&Equivalents $272,236,175.02 Restricted Cash-Health Insurance Wells Fargo-BCBS Claims Account $1,238,934.78 Citibank-BCBS Imprest Acct $84,000.00 Total Restricted Cash-Health Insurance $1,322,934.78 Restricted Cash-Bond Covenants(held by BNY/Mellon) Fidelity Institutional Treasury Money Market-Utilities Debt Service Reserve $13,230.42 Treasury Note 912828RW2 0.125°/ 01/03/12 12/31/13 0.25 0.219% $1,352,000.00 $1,352,256.88 Treasury Note 912828TA8 0250% 07/02/12 06/30/14 0.75 0250% $1,460,000.00 $1,461,649.80 Treasury Note 912828TZ3 0.250% 11/30/12 11/30/14 1.17 0250% $1,030,000.00 $1,031,163.90 Treasury Note 912828VH0 0375% 07/01/13 06130/15 1.75 0.375% $1,592,000.00 $1,592,671.20 Total Restricted Cash-adjusted for fair market value $5,450,972.20 Total Portfolio $279,010,082.00 Note:See separate investment report for OPEB funds. •,aw„ 2of2 40 Schedule 3 Indian River County Portfolio By Maturity Date September 30,2013 Now $180,000,000 $160,000,000 $154,446,351 $140,000,000 $120,000,000 $112,563,731 $100,000,000 wart $80,000,000 $60,000,000 $40,000,000 $20,000,000 $12,000,000 $0 0-12 Months 13-24 Months 25-36 Months Total Portfolio $279,010,082 41 Schedule 4 Indian River County Portfolio By Type September 30, 2013 FLGIT-Landfill 4.04% FFCB 17.63% FHLB 14.32% Treasury Notes 39.26% FHLMC 5.87% r�k v Regions$Mkt 4.79% SBA-Fund B 0.08% / FNMA 5.51%_% Suntrust$Mkt 4.44% FLGIT$Mkt 4.06% 42 43 Schedule 8 Indian River County Allocation of Pooled Cash and Investments By Fund Types Balance in Funds as of September 30, 2013 Pooled Investments General Fund $ 45,310,576 Special Revenue Funds $ 65,120,687 Debt Service Funds $ 2,506,369 Capital Project Funds $ 46,895,917 Solid Waste Funds $ 24,882,928 Golf Course Fund $ 459,150 Building Fund $ 41735,532 Utilities Funds $ 72,992,396 Fleet Fund $ (315,910) Insurance Funds $ 31,093,320 GIS Fund $ 2,116,623 Escrow Funds $ 2,515,462 Total Investments $ 298,313,050 Schedule includes all pooled investments, FMV adjustments, and cash in bank. Schedule does not include OPEB investments - see separate report. 46 JEFFREY R. SMITH * s A Clerk of Circuit Court and Comptroller 1801 27th Street, Building A Vero Beach, Florida 32960 Telephone (772) 226-1205 TO: Board of County Commissioners FROM: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller And (/ Diane L. Bernardo, Finance Director clwv DATE: October 17, 2013 SUBJECT: Quarterly Summary Report for Assessment of Additional Court Costs for Quarter Ending 09/30/2013 BACKGROUND The 318.18 (13) Florida Statutes Assessment of Additional Court Costs Quarterly Summary is required to be submitted to the County's Board of County Commissioners. This report shows the revenues and expenditures associated with the F.S. 318.18 (13) surcharge. This statute pertains to a$15 court facility fee assessed on all traffic tickets. The courthouse collects these fees and submits to Finance (on behalf of the Board) on a monthly basis. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached report. Indian River Count ApgWved Date Administrator County Attorne Budget !D 28 ,-Mw� Department Risk Management 47 00 IV 318.18(13) Florida Statutes Assessment of Additional Court Costs Quarterly Summary County Indian River Contact Name Edward Halsey Quarter Ending/Year Sep-13 Telephone (772)226-1206 Report Version Ver 1 Email Address ehalsey@clerk.indian-river.org REVENUE-318.18(13)(a) 1. Total Revenue Collected $53,178.63 EXPENDITURES-318.18(13)(a) 1. Court Facilities Local Law Libraries Description* Amount Description* Amount State Attorney $20,452.16 Law Library-25% $13,294.66 Public Defender $1,224.72 $0.00 Guardiam Ad Litem $11,703.25 $0.00 $0.00 $0.00 $0.00 $0.00 Total from additional lines(See descriptions in form) $0.00 $0.00 Total $33,380.13 Total(Max 25%) $13,294.66 Quarter Expenditure Total(a)1. $46,674.79 *if possible,please provide a general description of the type of expenditures. Additional lines are provided in this form. Page 1 of 3 � 4 � o, a 318.18 (13) Florida Statutes Assessment of Additional Court Costs Quarterly Summary County Indian River Contact Name Edward Halsey Quarter Ending/Year Sep-13 Telephone (772)226-1206 Report Version Ver 1 Email Address ehalsey@clerk.indian-river.org REVENUE-318.18(13)(a)2. Total Revenue Collected $53,178.63 EXPENDITURES-318.18(13)(a)2. EXPENDITURES-318.18(13)(a)2. Principal&Interest on Bonds Surplus Revenues Description* Principal Interest Description(Debt on Bond/Court Facility/Law Library)* Amount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 1 $0.00 Total from additional lines(See descriptions in form) $0.00 $0.00 Total from additional lines(See descriptions in form) $0.00 Total $0.00 $0.00 Total $0.00 Quarter Expenditure Total (a)2. $0.00 If possible,please provide a general description of the type of expenditures. Additional lines are provided in this form. Page 2 of 3 c 318.18 (13) Florida Statutes Assessment of Additional Court Costs Quarterly Summary County Indian River Contact Name Edward Halsey Quarter Ending/Year Sep-13 Telephone (772)226-1206 Report Version Ver 1 Email Address ehalsey@clerk.indian-river.org REVENUE-318.18(13)(a)3. Total Revenue Collected F $53,178.63 EXPENDITURES-318.18(13)(a)3. EXPENDITURES-318.18(13)(a) 3. Principal&Interest on Bonds Surplus Revenues Description* Principal Interest Description(Debt on Bond/Court Facility/Law Library)* Amount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total from additional lines(See descriptions in form) $0.00 $0.00 Total from additional lines(See descriptions in form) $0.00 $0.00 Total $0.00 $0.00 Total Quarter Expenditure Total(a)3. 1 $0.00 *If possible,please provide a general description of the type of expenditures. Additional lines are provided in this form. Page 3 of 3 Schedule 4 Indian River County Portfolio By Type September 30, 2013 -M► FLGIT-Landfill 4.04% 1FFCB 17.63% FHLB 14.32% Treasury Notes 39.26% -_FHLMC 5.87% SBA-Fund B 0.08% Regions$Mkt 4.79% FNMA 5.51% Suntrust$Mkt 4.44% FLGIT$Mkt 4.06% 42 Schedule 5 Indian River County Investment Purchases and Calls/Maturities Quarter Ending September 30,2013 ,qw PURCHASES: Investment Description Yield to Maturit Purchase Date Call Date Maturity Date Par Amount Book Value FHLMC Disc 0.14% 07/02/13 05/05/14 $2,000,000 $1,997,612.22 FHLMC Disc 0.14% 07/02/13 05/12/14 $2,000,000 $1,997,557.78 FHLMC Disc 0.14% 07/17/13 06/09/14 $2,000,000 $1,997,456.66 FHLB Bullet 0.19% 07/22/13 07/22/14 $2,000,000 $2,000,000.00 FNMA Disc 0.13% 07/25/13 06/30/14 $3,000,000 $2,996,316.66 FHLMC Disc 0.11% 07/30/13 04/25/14 $2,000,000 $1,998,356.12 FHLMC Callable 0.50% 07/30/13 10/30/13 07/30/15 $2,000,000 $2,000,000.00 FFCB Callable 0.39% 08/05/13 11/05/13 08/05/15 $2,000,000 $2,000,000.00 FFCB Bullet 0.59% 08/19/13 02/19/16 $2,000,000 $2,000,000.00 FHLMC-1X Call 0.45% 08/21/13 08/21/14 08/21/15 $2,000,000 $2,000,000.00 FNMA Callable 0.63% 08/26/13 02/26/14 02/26/16 $2,000,000 $2,000,000.00 Treasury Note 0.38% 09/03/13 08/31/15 $3,000,000 $3,000,000.00 FHLMC- 1X Call 0.40% 09/04/13 09/04/14 09/04/15 $2,000,000 $2,000,000.00 FNMA Callable 0.80% 09/11/13 03/11/14 03/11/16 $2,000,000 $2,000,000.00 Treasury Note 0.33% 09/30/13 09/30/15 $3,000,000 $2,995,312.50 15 $33,000,000 $32,982,611.94 MATURITIES: Investment Early Description Yield to Maturit Purchase Date Call Date Maturity Date Par Amount Book Value Treasury Note 0.38% 06/30/11 06/30/13 $3,000,000 $3,000,000.00 FNMA Disc 0.18% 08/22/12 07/08/13 $2,000,000 $1,996,800.00 FNMA Disc 0.15% 09/06/12 07/15/13 $2,000,000 $1,997,400.00 FHLB Callable 0.25% 01/16/13 07/16/13 07/06/14 $2,000,000 $2,000,000.00 FNMA Disc 0.14% 09/27/12 07/22/13 $2,000,000 $1,997,682.22 FHLB-1X Call 0.32% 07/23/12 07/23/13 04/23/14 $2,000,000 $2,000,000.00 Treasury Bill 0.11% 12/28/12 07/25/13 $3,000,000 $2,998,080.00 FFCB Bullet 2.25% 07/29/09 07/29/13 $2,000,000 $2,000,000.00 Treasury Note 0.38% 08/01/11 07/31/13 $3,000,000 $3,000,000.00 FHLB Disc 0.15% 10/31/12 08/05/13 $2,000,000 $1,997,683.33 Treasury Note 0.81% 04/20/11 08/15/13 $2,000,000 $1,996,562.50 FHLB Bullet 1.00% 04/15/11 08/15/13 $2,000,000 $2,000,000.00 FNMA Disc 0.16% 11/02/12 08/20/13 $2,000,000 $1,997,413.33 FHLB Bullet 0.35% 12/15/11 08/28/13 $2,000,000 $2,000,000.00 FNMA Disc 0.22% 12/14/11 08/31/13 $4,000,000 $3,993,750.00 Treasury Note 0.20% 08/31/11 08/31/13 $3,000,000 $2,995,511.22 FHLMC Disc 0.17% 10/23/12 09/10/13 $2,000,000 $1,996,958.88 FHLB- 1X Call 0.38% 09/12/12 09/12/13 09/12/14 $2,000,000 $2,000,000.00 Treasury Note 0.88% 04/21/11 09/15/13 $3,000,000 $2,990,859.38 Treasury Bill 0.12% 12/28/12 09/19/13 $3,000,000 $2,997,350.00 FNMA Disc 0.16% 11/15/12 09/23/13 $2,000,000 $1,997,226.66 Treasury Note 0.23% 09/30/11 09/30/13 $3,000,000 $2,994,000.00 Treasury Note 0.22% 12/14/11 09/30/13 $2,000,000 $1,996,562.50 23 $55,000,000 $54,943,840.02 Reconciliation of Bonds Only: Beginning portfolio(06/30/13) $246,795,601.56 Total purchased 15 securities $32,982,611.94 Total matured 23 securities $54,943,840.02 Ending portfolio for quarter(09/30113) $224,834,373.48 1of1 43 Schedule 6 Indian River County Change In Monthly Cash Flows For All Pooled Cash/Investment Accounts Comparison of Six Fiscal Years September 30, 2013 Fiscal Year 2007-2008 Fiscal Year 2008-2009 Fiscal Year 2009-2010 Net Chane Month End Bal' Net Chane Month End Bal* Net Chane Month End Bal* October $ (15,594,572) $ 369,309,192 $ (14,634,885) $ 286,076,562 $ (10,950,456) $ 272,116,477 November $ 4,873,265 $ 374,182,457 $ 12,878,826 $ 298,955,388 $ 7,883,140 $ 279,999,617 December $ 44,035,963 $ 418,218,420 $ 34,115,285 $ 333,070,673 $ 40,850,830 $ 320,850,447 January $ (6,833,630) $ 411,384,790 $ 6,850,425 $ 339,921,098 $ 4,043,995 $ 324,894,442 February $ (11,931,277) $ 399,453,513 $ 276,130 $ 340,197,228 $ (504,420) $ 324,390,022 March $ (1,755,364) $ 397,698,149 $ (4,357,468) $ 335,839,760 $ (638,064) $ 323,751,958 April $ (28,469,773) $ 369,228,376 $ (8,452,256) $ 327,387,504 $ (4,484,423) $ 319,267,535 May $ (19,429,167) $ 349,799,209 $ (8,071,065) $ 319,316,439 $ (6,148,366) $ 313,119,169 June $ (11,620,582) $ 338,178,627 $ (5,881,385) $ 313,435,054 $ (2,654,283) $ 310,464,886 July $ (12,010,560) $ 326,168,067 $ (11,072,743) $ 302,362,311 $ (3,283,074) $ 307,181,812 August $ (12,300,680) $ 313,867,387 $ (8,592,822) $ 293,769,489 $ (8,924,384) $ 298,257,428 September $ 13,155,940 $ 300,711,447 $ 10,702,556 $ 283,066,933 $ 3,330,240 $ 294927,188 Net cash flow $ 84,192,317 $ (17,644,514) $ 11,860,255 EEinscesclude loan to FDOT,environ- fire station#9 land,road ,&WWP construction. Fiscal Year 2010-2011 Fiscal Year 2011-2012 Fiscal Year 2012-2013 Net Chane Month End Bal* Net Chane Month End Bal* Net Chane Month End Bal* October $ (8,787,313) $ 286,139,875 $ (7,163,713) $ 299,325,098 $ (4,325,867) $ 293,979,198 November $ 18,859,033 $ 304,998,908 $ 15,743,556 $ 315,068,654 $ 16,251,425 $ 310,230,623 December $ 30,880,676 $ 335,879,584 $ 31,679,255 $ 346,747,909 $ 29,931,173 $ 340,161,796 January $ 4,920,377 $ 340,799,961 $ 540,328 $ 347,288,237 $ 130,635 $ 340,292,431 February $ 337,406 $ 341,137,367 $ (3,953,214) $ 343,335,023 $ (2,486,081) $ 337,806,350 March $ (3,074,474) $ 338,062,893 $ (4,018,678) $ 339,316,345 $ (2,787,582) $ 335,018,768 April $ (4,427,870) $ 333,635,023 $ (6,018,427) $ 333,297,918 $ (8,244,064) $ 326,774,704 May $ (5,688,925) $ 327,946,098 $ (5,148,326) $ 328,149,592 $ (4,598,588) $ 322,176,116 June $ (8,844,978) $ 319,101,120 $ (12,048,463) $ 316,101,129 $ (4,334,609) $ 317,841,507 July $ (5,588,302) $ 313,512,818 $ (5,284,467) $ 310,816,662 $ (4,470,572) $ 313,370,935 August $ (1,382,203) $ 312,130,615 $ (10,999,198) $ 299,817,464 $ (10,017,849) $ 303,353,086 September $ 5,641,804 $ 306,488,811 $ 1,512,399 $ 298,305,065 $ 5,040,036 $ 298,313,050 Net cash flow $ 11,561,623 $ (8,183,746) $ 7,985 *Schedule represents total assets in 801 fund-including portfolio accounts, FMV adjustments,cash in bank and utilities debt reserve. Source: Balance Sheet for fund 801 (run by month) Schedule does not include OPEB investments-see separate report. 44 Schedule 7 Indian River County Pooled Interest Earnings Analysis Comparison of Two Prior Fiscal Years With Current Fiscal Year September 30,2013 Portfolio Banks-(2)-Qualified Public Depositories Money Market Funds (7) Treasuries 8 Agencies RBC-Bank Wells Faro-Bank SunTrust Bank Regions-Bank Regions-Lockbox FLGIT-Landfill 3 Day-to-Day 4 Utilities Reserve Benchmark (1) 12 (6) One Year Interest Interest Interest Interest Interest Interest Interest Month Interest Interest Average Constant Mo/Yr Earned Return Earned Return Earned Return Earned Return Earned Return Earned Return Earned Return Earned Return Earned Return Total Return Return Maturity Oct-10 $ 151,431 0.81% S 11 0.19% $ 2,729 0.35% $ 2,007 0.22% S 7,155 0.75% $ 2,031 0.60% $ 31,772 2.81% $ 1,562 0.17% $ 1,960 044% $ 200,658 0.84% 023% Nov-10 $ 146,474 0.76% $ 70 0.19% $ 3,159 0.35% $ 1,813 0.22% $ 8,568 0.75% $ 2,463 0.60% $ (25,346) 2.01% $ 1,755 0.16% $ 1,960 0.44% $ 140,916 0.55% 0.25% Dec-10 $ 153,531 0.70% S 44 0.16% $ 2,982 0.24% $ 2,087 0.18% $ 9,045 0.75% $ 3,063 0,60% $ (30,823) 2.12% $ 1,529 0.15% $ 1,634 0.37% $ 143,092 0.51% 0.29% Jan-11 $ 158,546 0.70% $ 23 0.17% $ 2,316 0.25% $ 2,268 0.18% $ 9,570 0.75% $ 1,212 0.60% $ 26,671 1.84% $ 1,687 0.14% S 1,634 0 37% $ 203,927 0.72% 017% Feb-11 $ 151,347 0.67% $ 6 0.16% $ 2,600 0.25% $ 2,061 0.18% $ 8,662 0.75% $ 1.110 0.60% $ 2,034 1.68% $ 2,216 0.14% $ 1,634 0 37% $ 171.672 0.60% 0.29% Mar-11 $ 144,299 065% N/A N/A $ 2,611 0.25% $ 2,284 0.18% $ 9,597 0.75% $ 1,738 0.60% $ (1,744) 1.72% $ 1,536 0.15% $ 1,634 0.37% $ 161,955 0.57% 0.26% Apr-11 $ 142,140 0.66% N/A NIA $ 2,849 0.25% $ 2,210 0.18% $ 8,983 0.75% $ 2,203 0.60% $ 36,523 1.78% $ 1,340 0.14% $ 1.634 0.37% $ 197,882 0.71% 0.25% May-11 $ 126.070 0.60% NIA NIA $ 2,666 0.24% $ 2,111 0.17% $ 9,919 0.75% $ 2,800 0.60% $ 27,263 2.02% $ 948 0.12% $ 1,634 0.37% $ 173,411 0.63% 0.191/6 Jun-11 $ 118,118 0.57% NIA NIA $ 2,887 0.25% $ 1,837 0.15% $ 9,294 0.75% S 1,128 0.60% $ (1,609) 1.68% $ 1,119 0.09% $ 1,739 0.39% $ 134,513 0.51% 0.18% Jul-11 $ 112,161 0.57% N/A NIA $ 2.448 0.25% $ 1,817 0.15% $ 8,682 0.75% S 1,705 0.60% $ 18,631 1.43% $ 630 0.08% $ 1,739 0.39% $ 147,813 0.57% 0.19°/ Aug-11 $ 114,327 0.56% N/A N/A $ 2,541 0.25% $ 1,466 0.12% $ 9,909 0.75% $ 2,418 0.60% $ 7,275 1.20% $ 863 0.07% $ 1,739 0.39% $ 140,538 0.54% 0.11% Sep-11 $ 113,284 0.56% NIA N/A $ 2,468 0.25% $ 505 0.12% $ 6,998 0.75% $ 2,762 060x/ $ (16,397) 0.79% $ 1,515 008% $ 1,739 0.39% $ 114,874 0.45% 0.10% Oct-11 $ 112,720 0.56% N/A NIA $ 1,972 0.25% $ 687 0.12% $ 8,822 0.75% $ 1,830 0.60% $ 20,928 0.66% $ 1,057 0,09% $ 1,739 0.39% $ 149,755 0.60% 0.11% Nov-11 $ 113,695 0.57°/ N/A NIA $ 2,449 0.25% $ 781 0.10% $ 8,562 0.75% $ 2,245 0.60% $ (7,681) 0.85% $ 1,506 0.11% $ 1,739 039% $ 123,296 0.47% 0.11% Dec-11 $ 119,525 0.51% NIA N/A $ 2,480 0.25% $ 1,204 010% S 8,568 0.751/6 $ 2,431 0.60% $ 10,390 1.29% $ 1,943 0.14% $ 1,055 0.23% $ 147,596 0.51% 0.12% Jan-12 $ 116,759 0.50% N/A NIA S 2,267 0.25% $ 648 0.10% $ 4,706 0.39% $ 2,795 0.60% $ 49,426 1.50% $ 1,898 0.16% $ 1,302 0.29% $ 179,803 0.62% 0.12% Feb-12 $ 106,646 0.48% NIA N/A $ 2,438 0.25% $ 1,089 0.10% $ 3,853 0.35% $ 1,773 0.60% $ 9,916 1.58% $ 2,593 0.17% $ 1,302 0.29% $ 129,610 0.45% 0.16% Mar-12 $ 100,006 0.46% NIA NIA $ 2,557 0.25% $ 1,271 0.10% $ 3,987 0.35% $ 2,489 0.60% $ 6,112 1.66% $ 2,138 0.18% $ 1,302 0.29% $ 119,862 0.42% 0.19% Apr-12 $ 98,225 045% NIA NIA $ 2,286 0.25% $ 1,258 0.10% $ 4,121 0.35% $ 2,637 0.60% $ 23,647 1.51% $ 2,467 0.20% $ 1,302 0.29% $ 135,943 0.49% 0.18% May-12 $ 94.155 0.44% NIA N/A $ 2,205 0.25% $ 1,301 0.10% $ 4,122 0.35% $ 2,729 0.60% $ 8,910 1.31% $ 2,102 0.19% $ 1,302 0.29% $ 116,826 0.43% 0.19% Jun-12 $ 91,836 0.45% NIA N/A $ 2,176 0.25% $ 1,122 0.10% $ 3,857 0.35% $ 3,007 0.60% $ 17,204 1.50% $ 2,304 019% $ 802 016% $ 122,308 046% 0.19% Jul-12 $ 87,758 0.44% NIA NIA S 2,558 0.25% $ 1,112 010% $ 4,258 0.35% $ 3,026 0.60% $ 40,245 1,70% $ 2,037 0.19% $ 1,106 0.24% $ 142,100 0.55% 0.19% Aug-12 $ 84,170 0.44% N/A N/A S 2.318 0.25% $ 1,132 0.10% $ 4,126 0.35% $ 2.877 0.60% $ 16,715 1.79% S 1,870 0.18% $ 1,106 0.24% $ 114,314 0.46% 0.18% Sep-12 $ 81,572 0.44% N/A N/A $ 2,260 0.25% $ 1,055 0.10% $ 3,705 0.35% $ 3,072 0.601A $ 10,872 2,07% $ 2,146 0,18% $ 1,106 0.24% $ 105,788 043% 0.18% Oct-12 $ 78,538 0.43% NIA N/A $ 2,490 025% $ 1,119 0.10% $ 4,129 0.35% $ 2.938 0.60% $ 4,325 1.90% $ 1.934 0.18% $ 1,106 0.24% $ 96,579 0.39% 0.18% Nov-12 $ 80,929 0.41% N/A NIA $ 3,050 0.25% $ 988 0.10% $ 3,617 0.35% $ 3,048 0.60% $ 8,195 2.06% $ 1,880 0.19% $ 1,262 0.28% $ 102,969 0.40% 0.18% Dec-12 $ 81,102 0.37% NIA NIA $ 2,408 0.25% $ 1,164 0.10% $ 4,178 0.35% $ 2,765 0.60% $ 339 1.96% $ 1,693 018% $ 1,262 0.28% $ 94,911 0.33% 0.16% Jan-13 $ 69,467 0.33% NIA NIA $ 2,560 0.25% $ 1,243 0.10% $ 4,440 035% $ 3,090 0.60% $ 2,432 1.48% $ 1,396 0.16% S 1,262 0.28% $ 85.890 0.30% 0.15% Feb-13 S 67,326 0.31% NIA NIA $ 2,376 0.25% $ 1,134 0.10% $ 4,024 0.35% $ 2,699 0.60% $ 16.678 1.54% $ 1,793 0.14% $ 1,262 0.28°/ $ 97,292 0.35% 0.16% Mar-13 $ 66,593 0.31% NIA NIA $ 2,647 0.25% $ 1,151 0.10% $ 4,170 0.35% $ 2,481 0.60% $ 3,585 1.51% $ 1.356 0.13% $ 1,262 0.28% $ 83,245 0.30% 0.15% Apr-13 $ 64,262 0.30% NIA NIA $ 2,474 0.25% $ 722 0.08% $ 3,120 0.24% $ 2,891 0.60% $ 18.536 145% $ 1,490 012% $ 1,262 0.28% $ 94,757 0.35% 012% May-13 $ 62,908 0.30% NIA N/A $ 2,573 0.25% $ 696 0.08% $ 2,701 0.23% $ 2,966 0.60% $ (24,756) 1.13% $ 1,000 0.12% $ 1,262 0.28% $ 49,352 0.18% 0.12% Jun-13 $ 62,191 0.30% NIA NIA $ 2,445 0.25% $ 672 0.07% $ 2,271 0.23% $ 3,083 0.60% $ (35,180) 0.61% $ 881 0.10% $ 1,262 0.28% $ 37,625 0.14% 0.14% Jul-13 $ 56,919 0.28% N/A N/A $ 2,741 0.25% $ 696 0.07% $ 2,702 0.23% $ 3,011 0.60% $ 22,336 0.43% $ 699 0.09% $ 1,263 0.28% $ 90,367 0.35% 0.12% Aug-13 $ 56,203 0.28% NIA N/A $ 2,637 0.25% $ 696 0.07% $ 2,456 0.23% $ 3,204 OM% $ (8,589) 0.18% $ 646 0.08% $ 1,263 0.28% $ 58,516 0.23% 0.13% Sep-131 $ 54,148 0.29% NIA NIA $ 2,524 0.25% $ 673 0.07% $ 2,539 0.23% $ 2,895 0.60% S 29,674 0.36% $ 714 0.08% $ 1,263 0.28°/ $ 94,430 0.38% 0.12% Notes 1)"Investments"are accrued interest on coupon instruments. 2)"Bank"is cash received on the overnight investment of the County's cash in the bank. RBC bank account closed on February 11,2011. 3)"FLGIT"is the change in market value of the Florida Local Government Investment Trust account A monthly return is not available;consequently,the 12 month return is provided. 4) "Day-to-Day"is a money market fund managed by the FACC under the FLGIT umbrella, 5) Federated Money Market Fund was 100%US Treasury investments. Return reflected is 30-day yield.Account dosed September 2010. 6) Average return is computed by dividing total interest income for the month by the monthly cash balances listed on schedule 6. Does not include mark to market except for FLGIT landfill. 7) Source of one-year treasury rates is the Federal Reserve website. This report does not Include OPEB funds. A f11 CONSENT: 11/5/13 v Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney` DATE: October 28, 2013 U SUBJECT: Resolution Canceling Taxes on Property Purchased by Indian River County for Future Stormwater Retention A Resolution has been prepared for the purpose of canceling any delinquent or current taxes which may exist on property purchased by Indian River County for future stormwater retention from Schacht & Company, Inc., a Florida corporation, which property is located west of 66th Avenue and north of 4th Street. Additionally, the property is accessed from 4th Street and is contiguous to other property previously purchased by Indian River County. Said property is fully described in that certain General Warranty Deed recorded in Book 2712, Page 2048 of the Public Records of Indian River County, Florida. FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the attached Resolution to cancel certain taxes upon publicly owned lands, and the Clerk to send a certified copy of same to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. /nhm Attachments: map and Resolution cc: Carole Jean Jordan-Tax Collector David Nolte-Property Appraiser 51 Indian River County, Florida Property Appraiser- Printer Friendly Map Page 1 of 1 Print Back Indian River County GIS 1 -4TH LN -- 33399800001008000003.1 4TH LC 4TH ST T_ D ALLUGIGb � Map Enyina: ParcellD OwnerName PropertyAddress 33391800001008000003.1 SCHACHT& CO INC 4TH ST VERO BEACH, FL 32968 Notes littp://www.ircpa.org/PrintMap.aspx 10/28/2013 52 revision to ITEM 8H ( 11 /5/13 BCC Meeting) Parcel * 31-37-00-00004-0040-00228.0 1037 Vernon Street, Fellsmere, FL 32948 Lots 228 and 229, Block 4, Hall, Carter and James Subdivision acquired via foreclosure of a water lien (McDonald) public purpose: will be used for public open space and drainage as a complement to an adjacent park RESOLUTION NO. 20.13- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to "" do all things necessary to carry out the provisions of section 196.28, F.S.; RESOLUTION NO. 2013- •ftw NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: Any and all liens for taxes delinquent or current against the following described lands, which were acquired by the City of Fellsmere and will be used for public open space and drainage as a complement to an adjacent park, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Certificate of Title to City of Fellsmere, Florida describing lands, recorded in Book 2708 at Page 1063, Public Records of Indian River County, Florida. ,.. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari 2 RESOLUTION NO. 2013- w. The Chairman thereupon declared the resolution duly passed and adopted this day of November, 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Tax Certificates Outstanding Yes No Current Prorated Tax Received 1 i and Deposited with Tax Collector APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REINGOLD COUNTY ATTORNEY 3 J1201JO06JNIJ RECORDED IN THE RECORDS OF JEFFREY R.SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2708 PG: 1063,10/3/2013 12:32 PM D DOCTAX PD$10.50 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT V �•••- IN AND FOR INDIAN RIVER COUNTY,FLORIDA CITY OF FELLSMERE,FLORIDA, ) a municipal corporation created pursuant ) to the laws of the State of Florida; ) s Plaintiff, ) ! -vs- ) Case No.:312013CA000570 Judge: Cynthia L.Cox CURTEEN MCDONALD;ET AL., ) F Defendants. ) CERTIFICATE OF TITLE The undersigned,JEFFREY R. SMITH,Clerk of the Court certifies that he executed and x filed a Certificate of Sale in this action on September 23, 2013 for the property in Indian River County,Florida described herein: Lots 228 and 229,Block 4, Hall, Carter&James Subdivision, according to the Plat thereof, as recorded in Plat Book 3, Page 31, of the Public Records of St. Lucie County, Florida; said lands now lying and being in Indian River County,Florida. Property Address: 1037 Vernon Street,Fellsmere,Florida 32948 And that no objections to the sale having been filed within the time allowed for filing objections U the property was sold to CITY OF FELLSMERE, FLORIDA, a municipal corporation created pursuant to the laws of the State of Florida, whose address is 22 S. Orange Street, Fellsmere, Florida 32948. WITNESS my hand and official seal of this Court on the-2day of r 2013. JEFFREY R. SMITH, as Clerk of the Court By: c. t SOs ` Deputy Clerk _= s c r BK: 2708 PG: IU64 CERTIFICATE OF SERVICE The undersigned certifies that a copy hereof has been furnished by mail on this—day of 2013 to: Curteen McDonald, Robert Benjamin McDonald, Unknown Spouse of Curteen McDonald N/K/A Adolphus McDonald, Unknown Spouse of Robert McDonald N/K/A Tonya McDonald and Robert Benjamin,231 Northwood Drive,Baxley, GA 31513. County Clerk Carole Jean Jordan Indian River County Tax Collector PO Box 1509,Vero Beach, FL 32961-1509 Transaction#1431769 Receipt Ca ...shier:................... ............ Item Details Effective Due Paid PaidBY ..._........._....._................:.........................._.Date.........._.........._._........ CITY OF FELLSMERE Advance 31 37 00 00004 0040 002280 t0129l2013 $315.11 $315.11 22 SOUTH ORANGE ST Deposit PRO-RATED 2013 TAXES- FELLSMERE,FL 32948 (GOVT GOVT PURCHASE.3137 00 ..............._. ........_ PORCH) 000040040-00028.0.CITY OF Posted Date: 10I297201308... 1AM FELLSMEREIMCDONALD ................... ........................ ,._.......• -_.............._._.....•_..._._........ Received Via: Mail Real Estate Acc# 10/29/2013 $834.50 $834.50 ....................................................... Num. Items: 2 31-37-00-00004-0040-00228/0 ---....................................••--••• - Bill Yr.2012 Total Tendered: $1,149.61 Reoular'Due:,03/31/2013 ..................................---- ................. Receipt 9: 140-00000037 ......----...........Total :14961 $1, ---- .......................... Batch: 133510 ......._...............................I................................................._.._..................... .. -•................_._.............•....••- Drawer: 140 .......... ..........................................._................._............_.............-....-.-- ......_.....----- ......- Payment Details Paid Status: Complete Certified Certified Check:5518 $1,149.61 Check Balance: $0.00 ti 3120130067688 RECORDED IN THE RECORDS OF JEFFREY R.SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2712 PG: 2048,10/21/2013 11:34 AM D DOCTAX PD 80.70 This instrument was prepared incident to the issuance of a title insurance contract, and is to be returned to: Jason A. Beal Atlantic Coastal Land Title Company, LLC 855 21"St.,Suite C Vero Beach, Florida 32960 ACLTC File Number: 43080405 Parcel ID Number:33-39-18-00001-0080-00003.1 GENERAL WARRANTY DEED 'I'his deed, made as of this 16th day of October, 2013, by Schacht& Company, Inc.,a Florida corporation (as Grantor); and Indian River County, a political subdivision of the State of Florida, whose postoffice address is: 1801 27th St,Vero Beach,FL 32960 (as Grantee); (Wherever used herein.the terms"grantor"and"grantee"shall include singular and/Aral,heirs,legal representatives,and assigns of individuals.and the successors and assigns of corporations,partner ships or other enrnies wherever the context so admits or requires.) WITNESSETI1: That the grantor,for and in consideration of the sum of$10.00 in hand paid by grantee,the receipt whereof is hereby acknowledged,does hereby grant,bargain,sell,alien,remise,release,convey and confirm unto the grantee forever,all the right,title,interest,claim and demand which the said grantor has in and to the following described parcel of land, to wit: The North 141.00 feet of the South 436.00 feet of the West 151.00 feet of the East 300.00 feet of the West 10 acres of the East 20.39 acres of Tract 8, Section 18, Township 33 South, Range 39 East, INDIAN RIVER FARMS COMPANY SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 2, at Page(s) 25,of the Public Records of St. Lucie County Florida; said lands now lying and being in Indian River County,Florida "TOGETHER with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND grantor hereby covenants with grantee that grantor is lawfully seized of said land in fee simple;that grantor has good right and lawful authority to sell and convey said land;that grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of all encumbrances, except taxes for the year in which this deed is given;and restrictions,reservations, limitations,covenants,conditions and easements of record,if any;insofar as same are valid and enforceable(however,this clause shall not be construed to reimpose same). Pursuant to Rule 12B-4.013(4)F.A.C.,this deed is given to a governmental entity as part of an out- of-court settlement of condemnation proceeding and is not subject to tax - ATLANTIC COASTAL LAND TITLE COMPANY,LLC A Full Service, Florida Title Insurance Agency 56 BK: 2712 PG: 2049 IN WITNESS WHEREOF,the said grantor has caused these presents to be signed and sealed in its name,as of the day and year first above written. Schacht& Company,Inc., a Florida corporation [AFFIX CORPORATE SEAL] By: Louis Schacht its Vice President Grantor's Mailing Address: 6100 12th St Vero Beach,FL 32966 Signed, sealed and delivered in the presence of. w. State of Florida County of Indian River The foregoing instrument was acknowledged before me the date hereinafter given, by Louis Schacht;as Vice President of the corporation/partnership named herein as the grantor, on behalf of the corporation/partnership, and who was/were either versonally known to me; or produced identification of sufficient character so as to identi y said individual(s)with reasonable certainty; and who did/did not take an oath. Witness my hand and official seal in the County and State last aforesaid,this 16th day of October,2013. JASON A.BEAT N01ary Public-State of Florida My Comm.Expires Oct 11,2016 ub1iC qa;dd� commission I EE 838130 Bonded Throupn National Notary Assn. ATLANTIC COASTAL LAND TITLE COMPANY,LLC A Full Service, Florida Title Insurance Agency 57 CONSENT: 1115113 v Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Kate Pingolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney KPP DATE: October 29, 2013 j SUBJECT: Resolution Canceling Taxes on Property Acquired by the City of Fellsmere for the Benefit of the Municipal Water System The City of Fellsmere acquired the following property through a water lien foreclosure suit; and the City has redeemed the 2012 tax certificate against the property and deposited the 2013 pro rated taxes into escrow with the Tax Collector: 1037 Vernon Street, Fellsmere, FL 32948 Tax Parcel No. 31-37-00-00004-0040-00228.0 Lots 228 and 229, Block 4, Hall, Carter and James Subdivision Additionally, the City's attorney has requested that the County cancel the remainder of the taxes for 2013 and remove the property from the tax roll for ad valorem taxes for future years. Attached for your consideration is a resolution prepared for the purpose of cancelling the current ad valorem taxes from the date the City acquired the property, as well as future ad valorem taxes. FUNDING: There is no cost associated with this item. n 58 RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the attached Resolution to cancel ad valorem taxes upon this publicly owned land, and the Clerk to send a certified copy of the Resolution to the Tax Collector and Property Appraiser so that the current pro rated ad valorem taxes and future ad valorem taxes may be cancelled. lnhm Attachments: Letter Request Resolution cc: Carole Jean Jordan -Tax Collector David Nolte - Property Appraiser Warren W. Dill, City Attorney, City of Fellsmere 2 59 r ► Z � � r r _ - i el I J/ A& C Indian River County Attorney's Office ATTN:Nancy Mossali, Legal AssistanRECEIVED 1801 27th Street Vero Beach, Florida 32960 . OC 16 RE: Curteen McDonald,et.al. Water Lien Foreclosure COUNTY ATTORNEYrS Property Address: 1037 Vernon Street OFFICE Parcel ID No.31-37-00-00004-0040-00228.0 Our File No.: 12-156 Dear Nancy: The City of Fellsmere has received the enclosed Certificate of Title for the above referenced property. There is an outstanding tax certificate for the year 2012 which is due. The City will be paying for Certificate No. 183. The City requests that the County cancel the taxes for 2013 and take this property off the tax roll for future years. Pursuant to the Constitution of the State of Florida Article V1I Section 3(c) "all property owned by a �..►- municipality and used exclusively by it for municipal or public purposes shall be exempt from taxation". Section 196.28(1) F.S. provides in relevant part "The board of county commissioners of each county of the state be and it is hereby given full power and,authority to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands, heretofore or hereafter, conveved to, or acquired by any ••• municipality of the state, ••• for road purposes, defense purposes, recreation, reforestation or other public use; and said lands shall be exempt from county taxation so long as the same are used for such public purposes". This property will be used exclusively by the City for municipal or public purposes for the benefit of the City as a whole. This property was acquired through the foreclosure of a water lien and as such the uitimate public purpose will be for the benefit of the municipal water system. Please advise if there is anything else the City needs to do to have this property removed from the tax rolls. Very truly yours, Warren W.Dill City Attorney WWD/jlb Enclosures cc: Jason R.Nunemaker,City Manager(w/enol) Larry W.Napier, Director of Finance(w/enol) w-clryofJeLe7nerr•.carverLen/ores/murre'.medanuld rurrrcell-156•crnrexprnulrncccnrrerprnnx.r 10-/3-/3.rkx 22 South Orange Street Fellsmere, Florida 32948-6740 Phone: 772-571-1616 Fax: 772-571-8615 60 Parcel#31-37-00-00004-0040-00228.0 1037 Vernon Street, Fellsmere, FL 32948 Lots 228 and 229, Block 4, Hall, Carter and James Subdivision acquired via foreclosure of a water lien (McDonald) public purpose: used exclusively by municipality for the benefit of the municipal water system RESOLUTION NO. 2013- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; 61 RESOLUTION NO. 2013- NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: Any and all liens for taxes delinquent or current against the following described lands, which were acquired by the City of Fellsmere for use by the municipality for the benefit of the municipal water system, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Certificate of Title to City of Fellsmere, Florida describing lands, recorded in Book 2708 at Page 1063, Public Records of Indian `�- River County, Florida. The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari 2 62 RESOLUTION NO. 2013- The Chairman thereupon declared the resolution duly passed and adopted this day of November, 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Tax Certificates Outstanding _jz Yes No Current Prorated Tax Received and Deposited with Tax Collector $. APPROVED AS TO FORM AND AL S FFI F WILLIAM K.DFSKAAL QEFUTY COUNTY ATTORNEY r 3 63 IN THE CIItCUIT COURT OF THE NINETEENTH JUDICIAL CIItCUIT IN AND FOR INDIAN RIVER COUNTY,FLORIDA CITYOF FELLSMERE,FLORIDA, 3120130063813 RECORDED IN THE PUBLIC RECORDS OF a municipal corporation created pursuant ) JEFFREY R SMITH, CLERK OF COURT to the laws of the State of Florida; ) INDIAN RIVER COUNTY FL BK:2708 PG: 1063 Page 1 of 2 10/32013 12:32 PM Plaintiff, ) D DOCTAX PD$10.50 ) -vs- ) Case No.:312013CA000570 Judge: Cynthia L.Cox CURTEEN MCDONALD; ET AL., ) Defendants. ) CERTIFICATE OF TITLE The undersigned, JEFFREY R. SMITH, Clerk of the Court certifies that he executed and filed a Certificate of Sale in this action on September 23, 2013 for the property in Indian River County,Florida described herein: Lots 228 and 229, Block 4, Hall, Carter & James Subdivision, according to the Plat thereof, as recorded in Plat Book 3, Page 31, of the Public Records of St. Lucie County, Florida; said lands now lying and being in Indian River County,Florida. °". Property Address: 1037 Vernon Street,Fellsmere,Florida 32948 7 And that no objections to the sale having been filed within the time allowed for filing objections U the property was sold to CITY OF FELLSMERE, FLORIDA, a municipal corporation created pursuant to the laws of the State of Florida, whose address is 22 S. Orange Street, Fellsmere, Florida 32948. WITNESS my hand and official seal of this Court on the L day of .r 2013. JEFFREY R. SMITH, as Clerk of the Court aaaa�a���`a'tC0r!/y��iii BY : �� mfr'• n: Deputy Clerk _ t � ...... +HT7'F,ap�O a`a� A TRUE COPY CERTIFICATION ON LAST PAGE J.R.SMITH,CLERK 64 — -- -- --- CERTIFICATE OF SERVICE The undersigned certifies that a copy hereof has been furnished by mail on this_ day of 2013 to: Cur-teen McDonald, Robert Benjamin McDonald, Unknown Spouse of Curteen McDonald N/K/A Adolphus McDonald, Unknown Spouse of Robert McDonald N/KIA Tonya McDonald and Robert Benjamin,231 Northwood Drive,Baxley, GA 31513. County Clerk STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE ORIGINAL, Q.I.R. SMITH ;LERK BY w,put�r DATE 65 Carole Joan Jordan Indian River County Tax Collector PO Box 1509,Veir6,Boach,FL 32961.1509 Transaction # 1431769 Receipt Cashier: dig Item Data."t Effective Due Paid ............................ PaidBy: ............................-1..................................Date............................ CITY OF FELLSIVIERIE Advance 3137 00 00004 QM 002260 10/29/2013 $315.11 $315.11 22 SOUTH ORANGE ST Deposit PRO-RATED 2013 TAXES- FELLSMERE,FL 32948 (GOVT GOVT PURCHASE.3137 00 ....................................................... PURCH) 00004 0040 00028.0.CITY OF Posted Dale: 10/29/2013 0811 AM ...................... ............ FELLSMEREfMCDONALD ..... ....... ... ..... .. —....... .... . ... Received Via: Mail Real Estate......Aoc;.#......................................10/29/2013. . $834.50............$834.50. ' Nu m.Items: 2 31-37-00-00004-0040-00228/0 ................—.—................... Bill Yr.2012 Total.Tendered:. 11.1.49.,61................ .... RqA4pVp:03/3112013 ................ .......—............... ..................................... Receipt 4: 140-00000037 ...._..___...._....__Total: $1,149,61 $1,149.61 ............................................. ........... ...............I..... ... ........... ............ Batch: 133510 ........................................................................... -•- .... ................. ............I.............--.-...................... Drawer: 140 --.... ....... ...... ......................... ....... ....... ................ ..................... ...... .......... ............................................ Payment Detaffi; Paid Status: Complete Certified CartIlled Check:5518 $1.149.61 Check Balance: $0.00 f SA IVAN, jTyej 66 Consent.4genda- B.C.C. 11.05.13 �tv Office of 'WMW INDIAN RIVER COUNTY z ATTORNEY *F�URl�4' Dylan Reingold,Count} .Attorney William K.DeBraal,Deputy Counry:Attorney Kate Pingolt Cotner,.Assistant County.Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County AttorneyoG-- DATE: October 21, 2013 SUBJECT: Revision to Administrative Policy Manual regarding settlement of claims against the County. BACKGROUND. NOW The Administrative Policy Manual contains a process for the settlement of various claims against the County. Under the current format claims of up to $10,000 may be settled by the Risk Manager. Claims between $10,000 and $50,000 may be settled by with the Compensation Claims Committee or the Liability Claims Committee depending on the nature of the claim. Claims above $50,000 must be approved by the Board of County Commissioners. The County Attorney's Office has drafted a revision to this procedure consistent with Florida Statutes. The proposed policies still retain the Risk Managers authority to settle claims up to $10,000. And the policies continue to maintain the Board's authority to settle those claims over $50,000. And the revision still maintains the Liability Claims Committee authority to settle those tort claims between $10,000 and $50,000. The revised provisions, however, eliminate the Compensation Claims Committee and the authority of the Liability Claims Committee to settle non-tort claims. Under the proposed process, the County Administrator would now have the authority to settle these claims. The County Administrator will have the ability to consult with the Risk Manager and the Budget Director; however, the consultation will just not be part of a formalized committee structure. This revision is brought to the Board for approval pursuant to Section 104.02 of the Indian River County Code of Ordinances. Indian River Co. Approved Date Approved for November 5, 2013 BCC Aleeting Admin. Consent Age?rda Co.Attv. Budget Department COUNTY ATTORNEY Risk Management 67 Board of Cozmty Commissioners October 21, 2013 140W Page Two FUNDING. There are no costs associated with this agenda item. RECOMMENDATION. Approve the attached proposed revisions to the Administrative Policy Manual, and authorize the County Administrator to sign the same for incorporation into the County Administrative Policy Manual. ATTACHMENT(S). Proposed revisions to the Administrative Policy Manual. DR:LAC I i 111--1.lnj""IWRII.41( N.l- ............ 68 ADMINISTRATIVE SECTION NUMBER DATE EFFECTIVE POLICY RISK MANAGEMENT AM 1000.1 03-06-90 MANUAL Updated 10-07-13 SUBJECT PAGE MANAGEMENT POLICY STATEMENT 19 OF 31 209 Claims authority of Risk Manager. (a) Subject to a maximum authorization of ten thousand dollars for each occurrence for damages for personal injury, property damage, advertising injury and public official's injury combined, the Risk Manager shall have the authority to pay in settlement, without the need for prior approval, claims of a single claimant covered by the public liability program up to a total of ten thousand dollars for each claimant for damages as the result of personal injury, property damage, advertising injury and public official's injury combined. Subject to the maximum limits of coverage of the public liability program, the Risk Manager shall also have the authority to pay and settle without prior approval, claims covered by the public liability program when directed to do so by order of a court of competent jurisdiction, by act of the State Legislature or by action of the Board. With respect to those claims covered by the public liability program which the Risk Manager has the authority to pay and settle without prior approval and those claims of the public liability program for which the Risk Manager has been given .. necessary prior approval or direction to pay and settle, the Risk Manager shall have the authority to accept or give releases on behalf of the protected parties involved. (b) Prior to offering a settlement or making a payment concerning a tort claim, the Risk Manager shall refer to the Liability Claims Committee any claims against the public liability program which exceed the authority of the Risk Manager to settle and pay. The Risk Manager shall, as a part of the referral, provide the Committee with a written synopsis of the pertinent facts and a specific recommendation with respect to the settlement of the claim. (c) The Risk Manager shall, if practicable, prior to offering a settlement to a claimant, advise a participant or department of the terms and conditions of the proposed settlement with respect to a specific claim about which the participant or department has expressed in writing a desire to be advised prior to the offering of settlement. The Risk Manager shall also, if practicable, prior to the offering of settlement to a claimant, advise a participant or department of the ten-ns and conditions of the proposed settlement with respect to a claim arising out of an occurrence from which the total pure loss incurred by the participant or department is likely to exceed ten thousand dollars. These agreements to advise a participant or department shall not be construed as a relinquishment of the 69 ADMINISTRATIVE SECTION NUMBER DATE EFFECTIVE N� rig t POLICY RISK MANAGEMENT AM 1000.1 03-06-90 MANUAL Updated 10-07-13 SUBJECT PAGE MANAGEMENT POLICY STATEMENT 20 OF 31 right of the Risk Manager or the public liability program to control and settle claims covered by the public liability program. (d) The Risk Manager shall have exclusive authority to settle claims within the specified settlement authorization and such settlement decisions shall not be subject to appeal to the Liability Claims Committee or the Board. 210 Claims authority of County Administrator. (a) Subject to a maximum authorization of fifty thousand dollars for each occurrence for damages for personal injury, property damage, advertising injury and public official's injury combined, the County Administrator shall have the authority to pay in settlement, without the need for prior approval, claims of a single claimant covered by the public liability program up to a total of fifty thousand dollars for each claimant for damages as the result of personal injury, property damage, advertising injury and public ..,, official's injury combined. With respect to those claims covered by the public liability program for which the County Administrator has the authority to pay and settle without prior approval, the County Administrator shall have the authority to accept or give releases on behalf of the protected parties involved. (b) The County Administrator shall have exclusive authority to settle non-tort claims within the specified settlement authorization and such settlement decisions shall not be subject to appeal to the Liability Claims Committee or the Board. 211 Liability Claims Committee. (a) The Liability Claims Committee shall have five voting members. Four of the members shall be permanent voting members who shall have the authority to vote on all claims referred to the Committee. The fifth voting member shall be a temporary member whose membership and voting rights shall be limited to specific claims. The Administrator, the Risk Manager, the County Attorney, and the Director of Management & Budget shall be permanent voting members. The first voting member shall be a representative of the participant against whom the claim is being asserted. If the participant against whom the claim is being asserted is the County, the fifth voting member shall be the director of the County department out of whose activities the claim 70 i ADMINISTRATIVE SECTION NUMBER DATE EFFECTIVE POLICY -06-90RISK MANAGEMENT AM 1000.1 03 MANUAL Updated 10-07-13 SUBJECT PAGE MANAGEMENT POLICY STATEMENT 21 OF 31 arose. If the director of the department out of whose activities the claim arose is personally involved in the claim, the Director of Finance shall be the fifth voting member. If the claim is being asserted against more than one participant, the Administrator shall select the representative of that participant who in the opinion of the Administrator apparently has more potential liability than the other participants as the voting member with respect to that claim. The other participants' representatives shall be non-voting members. (b) The Risk Manager shall serve as the chairman of the Liability Claims Committee and shall preside at meeting of the Committee. (c) The Liability Claims Committee may meet from time to time when called by its chairman or by two of the permanent voting members. However, any action required or pennitted to be taken at a meeting may be taken without a meeting if the chairman or two of the permanent voting members request that the action be taken without a meeting and if a consent to voting on the action without a meeting, signed by a quorum of the Committee, is made a part of the claim file. In the event action is to be taken by the Committee without a meeting, if practicable, the Risk Manager shall, prior to distribution to the other voting members of the Committee, provide the fifth voting member of the Committee with the Risk Manager's written synopsis of the pertinent facts and the Risk Manager's specific recommendation with respect to the claim. If practicable, the Risk Manager shall provide the fifth voting member an opportunity to provide a written rebuttal or approval of the Risk Manager's specific recommendation which, if practicable, shall be distributed by the Risk Manager to the other members of the Committee with the Risk Manager's synopsis and recommendation. Provided, failure of the Risk Manager to provide the fifth voting member with the Risk Manager's written synopsis of the pertinent facts and the Risk Manager's specific recommendation with respect to the claim prior to distribution to the other voting members, failure of the Risk Manager to provide the fifth voting member with an opportunity to provide a written rebuttal or approval of the Risk Manager's specific recommendation or failure of the Risk Manager to distribute the fifth voting member's written rebuttal or approval shall not invalidate any action otherwise validly taken by the Liability Claims Committee. Three voting members of the Committee shall constitute a quorum for the transaction of business. Subject to the requirement of a quorum and except as otherwise provided in this chapter, action shall be authorized by a majority of those members voting on the 71 u rG" ADMINISTRATIVE SECTION NUMBER DATE EFFECTIVE W-7/ POLICY RISK MANAGEMENT AM 1000.1 03-06-90 MANUAL Updated 10-07-13 SUBJECT PAGE MANAGEMENT POLICY STATEMENT 22 OF 31 specific action. There shall be maintained a written record of the votes taken and disapprovals expressed. With respect to actions taken on specific claims, this record shall be made a part of the claim file. The Committee is authorized to adopt, amend and repeal rules for its further organization and the transaction of its business. (d) Written notice of meetings of the Liability Claims Committee shall be given to all members by mail or other form of communication as soon as practicable prior to the meeting. In addition to the permanent members, the notice shall be given to the representatives of participants who have an apparent direct and substantial interest in any of the matters likely to come before the Committee at the meeting. Each participant shall designate the person to whom the notice shall be directed. (e) The Liability Claims Committee shall have exclusive authority to settle tort claims within its specified settlement authorization and such settlement decisions shall not be subject to appeal to the Board. 212 Claims authority of Board. (a) Subject to a maximum authorization of the lesser of(1) the monetary limits of s. 768.28, Florida Statutes, or amendments thereto (if applicable to the specific claim), or (2) the maximum limits of coverage of the public liability program, the Board shall have authority, applicable to claims referred to the Board by the Liability Claims Committee concerning tort cases, or by the Risk Manager in all other cases, to direct the Risk Manager to pay in settlement claims covered by the public liability program. With respect to those claims covered by the public liability program which the Risk Manager has been directed to pay in settlement, the Risk Manager shall have the authority to accept or give releases on behalf of the protected parties involved. (b) The Risk Manager shall on behalf of the Liability Claims Committee present to the Board for its consideration the pertinent facts of each referred claim and the specific recommendation of the Risk Manager or the specific recommendation of the Committee with regard to tort claims. 72 tkADMINISTRATIVE SECTION NUMBER DATE EFFECTIVE POLICY RISK MANAGEMENT AM 1000.1 03-06-90 -' MANUAL Updated 10-07-13 SUBJECT PAGE MANAGEMENT POLICY STATEMENT 23 OF 31 (c) The Board shall review and vote on any claims referred by the Risk Manager or the Liability Claims Committee in accordance with current rules governing the operation of the Board. Joseph A. Baird Date: INDIAN RIVER COUNTY ADMINISTRATOR 73 i ADMINISTRATIVE SECTION NUMBER DATE EFFECTIVE POLICYRISK MANAGEMENT AM 1000.1 03-06-90 MANUAL Updated 10-07-13 SUBJECT r27 MANAGEMENT POLICY STATEMENT F 31 309 Claims authority of County Administrator. (a) Subject to a maximum authorization of fifty thousand dollars in the aggregate for each accident for compensation and other benefits required of the protected party by a workers' compensation law and damages because of bodily injury by accident or bodily injury by disease, the County Administrator shall have the authority to pay in settlement, without the need for prior approval, claims of a claimant covered by the employee liability program up to a total of fifty thousand dollars in the aggregate for each claimant for all compensation, benefits or damages combined. With respect to those claims covered by the employee liability program for which the County Administrator has the authority to pay and settle without prior- approval and those claims of the employee liability prograrn for which the County Administrator has been given necessary prior approval or direction to pay and settle the County Administrator shall have the authority to accept or give releases on behalf of the protected parties involved. (b) The County Administrator shall have exclusive authority to settle claims within the specified settlement authorization and such settlement decisions shall not be subject to appeal to the Board. 310 Claims authority of Board. (a) Subject to a maximum authorization of the lesser of(1) the monetary limits of s. 768.28, Florida Statutes, or amendments thereto (if applicable to the specific claim), or (2) the maximum limits of coverage of the employee liability program, the Board shall have authority, applicable to claims referred to the Board by the Risk Manager, to direct the Risk Manager to pay in settlement claims covered by the employee liability program. With respect to those claims covered by the employee liability program which the Risk Manager has been directed to pay in settlement, the Risk Manager shall have the authority to accept or give releases on behalf of the protected parties involved. (b) The Risk Manager shall present to the Board for its consideration the pertinent facts of each referred claim and a specific recommendation regarding such claims. lmsw 74 OVER SECTION NUMBER DATE EFFECTIVE POLICY RISK MANAGEMENT AM 1000.1 03-06-90 G•�ti.. �%•s MANUAL Updated 10-07-13 SUBJECT PAGE MANAGEMENT POLICY STATEMENT 28 OF 31 (c) The Board shall review and vote on any claims referred by the Risk Manager in accordance with current rules governing the operation of the Board. Joseph A. Baird Date: INDIAN RIVER COUNTY ADMINISTRATOR 75 I INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator FROM: Robert M. Keating, AI ; Com ity Development Director DATE: October 21, 2013 SUBJECT: Request for Approval of Work Order for Design of 45th Street Streetscape Improvements It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 5, 2013. DESCRIPTION & CONDITIONS Recently, Indian River County was awarded a $25,000 planning grant by the Department of Economic Opportunity(DEO). The purpose of that grant is to design streetscape improvements for w.. the 45`h Street corridor in Gifford. In this case, the corridor limits extend from Old Dixie to 43`d Avenue. Currently, the County has $350,000 in its capital improvements program (CIP) to implement the streetscape design. That funding has been allocated to 45th Street for several years. ANALYSIS At this time, the County needs to contract with a landscape architect to prepare the 45`h Street corridor streetscape design. Since the County has a continuing services contract with Kimley-Horn that includes landscape design as one of the services,staff proposes to contract with Kenley-Horn to prepare the streetscape design. To that end, staff has prepared the attached work order and scope of services for the design project. As indicated in the scope of services, the consultant will prepare conceptual, modified, and final design plans. Through that process, community residents can provide input to staff and the consultant, and the design can reflect the community's preferences. FUNDING The $25,000 cost of the streetscape design project will be paid by the DEO grant. That grant does not require a County match. Therefore, no local funds will be spent on this project. The grant is budgeted in Secondary Roads/451h Street Beautification Account#10921441-066510-03023. 1:,C'ontnnunity Developmentl1sers'CDADMIN\AGFNDA`2013A5th Street strectscapc improvements.d(x: ] 76 RECOMMENTATION Staff recommends that the Board of County Commissioners approve the attached work order with Kimley-Horn and authorize the Chairman to execute the work order. Attachment: 1. Work order for 45th Street corridor streetscape design APPROVED AGENDA ITEM: Indian River Co, Appro d Date • Admin. W 1013 i FOR: Legal E - f Budget BY• (/� Dept. � 9 F1('ommunity Development'�lJsets\CDADMINtA(il:NI)A`•2013'`45th Street stmetseape itnprovetnenu.do 2 77 WORK ORDER NUMBER 6 45th Street Streetscape Design Project This Work Order Number 6 is entered into as of this day of 20 pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of November 15, 2011 (the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc. ("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 C (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. CONSULT BOARD OF COUNTY COMMISSIONERS Kimley- orn and ci s, Inc. OF INDIAN RIVER COUNTY By: By: Title: Chairman CC Approved Date: Attest:Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: oCounty Administrator E t v Approved as to form and legal sufficien : �Iz . )�e Q Dylan T. Rei gold,County Attorney 78 EXHIBIT A SCOPE OF SERVICES ENGINEER will provide professional services as specifically stated below: 1. Landscape Opportunities & Constraints Anal — ENGINEER shall use COUNTY supplied survey for 45`h Street from 43`d Avenue to US Highway 1 and overlay that survey onto an aerial using CADD technology. ENGINEER will then conduct a field inventory of existing conditions that directly influence landscaping in the right-of-way, including overhead utilities, curbs or no curbs, existing trees or tree canopies, drainage canals, and other improvement, ENGINEER will also plot FDOT clear zone requirements for vertical obstructions and sight triangles at intersections on the overall base map. ENGINEER will then prepare an opportunities and constraints map depicting areas along the corridor that can be landscaped or could be landscaped with some modifications to existing conditions. ENGINEER will then meet with COUNTY to discuss the opportunities and constraints for landscaping along the corridor and establish areas that COUNTY wants to pursue landscaping within the $350,000 project implementation budget. ENGINEER will provide three (3) hardcopy sets of plans. 2. Conceptual Landscape Design Plans — After COUNTY has established the general areas that where it wants to install landscaping, ENGINEER will prepare conceptual landscape plans (30% level) for these areas depicting proposed landscape materials using CADD technology and prepare opinions of probable costs for implementing the conceptual landscape plans. ENGINEER will provide color rendered exhibits, which could include plan view and section view to illustrate the proposed landscape design, and photos of the proposed landscape palette for COUNTY to use for community workshop meeting(s) to present the conceptual landscape plans and gain community support of the locations proposed to be landscaped and the overall landscape theme within the $350,000 project implementation budget. ENGINEER will provide three (3)hardcopy sets of plans. 3. Modified Landscape Design Plans — After COUNTY attends the community workshops and has identified community preferences, ENGINEER will update the Conceptual Design Plan to a 60% complete level for the areas determined to be landscaped as part of the $350,000 project implementation budget. The 60% plan will depict landscape locations, key dimensions, botanical & common names of proposed landscape materials and their specifications using CADD technology. ,"MW 79 Work Authorization No.6 Gifford Neighborhood 45th Street Streetscape Design Plans Indian River Count}' ENGINEER will update the opinion of probable cost to correspond to the 60% plans and submit to COUNTY the OPC and the 60% Design Plans for its review. ENGINEER will provide three (3) hardcopy sets of plans. 4. Final Landscape Design Plans — After COUNTY has reviewed and approved the 60% Landscape Design Plans, ENGINEER will prepare final bid-ready documents using CADD technology suitable for submittal to COUNTY for permitting and bidding by Contractors, including planting details, specifications, and general notes plan sheet. ENGINEER will provide three (3) hardcopy sets of plans. w I... Page 2 of 4 80 Work Authorization No.6 Gifford Neighborhood 45ih Street Streetscape Design Plans Indian River County EXHIBIT B FEE SCHEDULE The basic compensation mutually agreed upon by ENGINEER and COUNTY is as follows: Task Labor Fee Lump Sum Components Landscape Opportunities & Constraints Analysis $6,000 Conceptual Landscape Design Plans (30% Plans) $6,000 .,,., Modified Landscape Design Plans (60%Plans) $6,000 Final Landscape Design Plans (100% Plans) $7,000 Total $25,000 Page 3 of 4 81 Work Authorization No.6 Gifford Neighborhood 45°'Street Streetscape Design Plans Indian River County EXHIBIT C TIME SCHEDULE Task Due Date Landscape Opportunities & Constraints Analysis November 21, 2013 Conceptual Landscape Design Plans (30% Plans) December 30, 2013 Modified Landscape Design Plans (60% Plans) March 26, 2014 Final Landscape Design Plans (100% Plans) May 27, 2014 Page 4 of 4 82 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora P.E., Public Works Director AND Christopher J. Kafer,Jr., P.E. County EngineQOW� FROM: Michael D. Nixon, P.E., Roadway Production Manager SUBJECT: Oslo Road (East of 15th Avenue S. W.) Culvert Replacement Change Order No. 1 - Release of Retainage IRC Project No. 1306 DATE: October 18, 2013 DESCRIPTION AND CONDITIONS On May 7, 2013, the Indian River County Board of County Commissioners awarded Bid No. 2013034 to Ag-Scape Services, Inc. in the amount of $109,245.73 for the removal of approximately 170 feet of failed (collapsed) 48" high density polyethylene (HDPE/plastic) �. drainage pipe in IRFWCD J-2 Sub-lateral Canal and replacement with reinforced concrete pipe (RCP). Change Order No. 1 is to make final adjustments to bid line items to decrease the total contract price by($6,891.79)for a final contract price of$102,353.94. The price adjustments were due to cost decreases in piping, sheet piling, curbing and force account, along with cost increases in sod. Change Order No. 1 also makes final adjustments to contract time. Ag-Scape Services, Inc. has been paid $97,236.24 to date, with $5,117.70 held in retainage. Ag-Scape Services, Inc. has completed the project and submitted Pay Application No. 4 in the amount $5,117.70 for release of retainage. The increase in contract time was due to rain delays plus delays due to maintaining business hours for the Treasure Coast Community Health facility that limited certain work phases to weekends. FUNDING Funding is budgeted and available from Secondary Roads / Retainage, Account No. 109- 2060000, in the amount of$5,117.70. ,.,Kw F'Puhlic Woiks LNG INEER ING DIVISION PRO1FCiS1300 Oslo Road(F of I5th A%c SW I Pipe Culver Improcemem Admim'agenda items BCC'Agenda- Release of Retainage and CO No.I BCdoc 83 PAGE TWO Change Order No. 1—Release of Retainage for BCC Agenda November 5, 2013 RECOMMENDATIONS Staff recommends approval of Change Order No. 1 to Ag-Scape Services, Inc., thereby decreasing the contract total to $102,353.94. Staff also recommends payment of Ag-Scape Services, Inc. Pay Application No. 4 in the amount of$5,117.70 for release of retainage. ATTACHMENTS 1. Change Order No. 1 2. Description of Itemized Bid Schedule Changes for Change Order No. 1 3. Ag-Scape Services, Inc. Pay Application No. 4 DISTRIBUTION 1. Ag-Scape Services, Inc. Indian River County 2. D. Howard,Jr., Construction Coordination Approved Date Manager Administration 100143 3. Rick Mathis, Senior Engineering Inspector Budget to 7-ip 4. Terry Cook, Road & Bridge Superintendent Legal it�z Public Works /3 APPROVED AGENDA ITEM Engineering FOR: Nnvember 5, 02 1_3 i F.'Tubhc WorksENGINEERING DIVISION PROJE(']-S 1306 Oslo Road(1 of 15th Ave SW')Pipe Culveil Improvement Adminr.agenda items BCC Agenda- Release of Retainage and CO No I B('-doc 84 SECTION 00942 -Change Order Form No. 1 DATE OF ISSUANCE: November 5, 2013 EFFECTIVE DATE: November 5, 2013 OWNER: Indian River County CONTRACTOR: Ag-Scape Services, Inc. BID NO.:20113034 PROJECT: Oslo Road Culvert Replacement PROJECT NO. 1306 ENGINEER: Indian River County You are directed to make the following changes in the Contract Documents: Reason for Change Order: To make final adjustments to bid line items for final payment Attachments: (List documents supporting change) Description of Itemized Bid Schedule Changes CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES Description Amount Description Time Original Contract Price $109,245.73 Original Contract Time: (days or dates) ' Substantial Completion: 45 8/1/13 Final Completion: 60 8/16/13 Net decrease of this Change ($6,891.79) Net increase this Change Order: Order: Substantial Completion: Final Completion: 33 days 33 da s Contract Price with approved $102,353.94 Contract Time with all approved Change Order: Change Orders: (days or dates) Substantial Completion: 78 9/4/13 Final Completion: 1 93 9/19/13 ACCEPTED: RECOMMEN ED: APPROVED: By: Byx� ,� By: CONTRACTOR (Si nature) ENGINEER (Sig ture) OWNER(Signature) Date: LDate: /0/03 3 Date: lA ,h [ FB'th ! F h'!IT'r(--.nI)tJATI r 85 OSLO ROAD CULVERT REPLACEMENT IRC No. 1306 CHANGE ORDER No. 1 Description of Itemized Changes Item No. Description of Change t]uanUty Unit Unit Price Price Increase__ _Price Decrease Items Deleted 430-171-141 CONCRETE PIPE CULVERT CLASS M(4 3 LF 128.66385.98 _ — 455-133-2 (SHEET PILING STEEL TEMPORARY CRITICAL) 192 SF 13_20--- 2,53440 I 520-2-4 CONCRETE CURB(TYPE"D"1 3 LF 8.07 _ 2421 I FORCE ACCOUNT 5,000.g0 Items Added 570-1-2 PERFORMANCE TURF SOD 658 SY 1.60 1,052.80 Subtotals 1,052.80 7.944.59 TOTAL CHANGE ORDER No. 1 ($6,891.79) wr Cnan9e Owe Foam No 5 13 x sF Puw.0 o—,iF NGINEcR NG O v SION PROJEC?S1730C Oslo Road(E of 15tH Av.SN1-,p21-1-1 llpl.-e enrAd, AOHAN($Q�DERS'Zhange Gra.• Foran No t +LS 13 Is -age t 86 CUC1225021 1344 33`d ave sw,Vero Beach,FI 32968 772-778-5196 DELAYS ON THE OSLO ROAD CULVERT PROJECT Indian River County Engineering dept, I am requesting an extension of 33 days on my substantial completion date due to the following reasons. We had a total of 9 rain days which I understand doesn't account for all the days needed but it contributed to a lot of the delay due to the dates they occurred. We had rain on a weekend we were supposed to work which put us at a standstill until the following weekend because of the fact that we had to accommodate the impacted business (TREASURE COAST COMMUNITY HEALTH). A majority of the work required blocking the drive which could only be done while they were closed. Plus the business was open every other Saturday which was a hindrance also. When we looked at the job the inverts of the pipe showed the pipe headed the opposite direction which would have made the job a little more productive seeing how we could have started without impacting the driveway. The last reason for delay was having to remove and re-pour a section of curb that was to the grade of the old driveway not the grade at which we were making the new one. The reasons I named plus the simple fact of trying to accommodate T.C.C.H. are the main reasons I feel we were delayed and are in need of the extension. I hope you understand and we can agree on this. Sincerely Shane`.4arry 87 SECTION 00622 - Contractor's Application for Payment OSLO ROAD CULVERT REPLACEMENT 1 Application for Payment No. For Work Accomplished through the period of .9/',,! through To: Indian River County (OWNER) From: (CONTRACTOR)A,. - e 2- (1; Sid No.: 2013034 J Project No.: 1306 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $ 0,2 < '/ . 2. Net change by Change Orders and Written Amendments (+ or-): $ -;, - 3. Current Contract Price (1 plus 2): $ 1:�9, 4. Total completed and stored to date: $ 3s% 2-- 5_ Retainage (per Agreement): of completed Work: .,.;,— %o of retainage: $ _ Total Retainage: $ 6. Total completed and stored to date less retainage (4 minus 5): 7. Less previous Application for Payments: $ 8. DUE THIS APPLICATION (6 MINUS 7): $ CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; 00622-Contractor's Application for Payment-03-10 rev doc 00622-1 _:'c WorksTNGINURING DINI$ION PROJECM13:h Oclo Road(F of 15th Ave SW)Pipe Culvert ImprocarnonCJulmuMtra dowments10C62?-COrl r-ioeS APO—t—nor sn1-T,10 rev doc Rev 05/01 88 0 J CULVERT REPLACEMENT IRC Pt NO.1306 PAY A...[CATION SCHEDULED VALUE PREVIOUS APPLICATION TUNS PERIOD TOTAL COMPLETED % MATERIALS BALANCE TO FINISH �H«n No. pnenpden _. I Unit UnR PrN.! __Nnauni OUANTRY -.-__MnaW --CUANTITY._-. __- MnauM G NnnaM CONRETEO STORED QUM'TRY_ Amour ROADWAY IMPROVEMENTS ROADWAY MATERIALS -D' MOBN lZATiON j LS 1 00 2000.00 000 1 00 2 000 00 10000% 000 000 0.00 2.000 00 2.000.00 L '0?1 MAINTFNANCE OF TRAFFIC -- '' LS 85000 j 95000 100 35000 000 100 95000 100.00% C00 000 '. 000 --_ 104' •E ROSION AND WATE R POLLUTION CONTROL 1 LS 600.00 60000 100 600.00 I 000 1.00 600.00 10000% 0.00 000 000 108-1 !RECORD DRAWINGS/AS-BUILT DRAWINGS ? LS 100 1,60000 0.00 1.00 1,60000 100001, 0.00 000 j 000 1,600.00 1.600.00 _ 1081 SURVEI CONTROL(IN STALL/P.E-ESTABLISH) 1 LS 40000 400.00 100 400.00 0.00 100 40000 10000% 000 000 000 X108-4 'iN P 0 E S PERMITTING 1 LS 300.00 30000 100 I 300.00 0.00 100 300.00 10000% 0.00 000 0.D0 1110-1- I CLEARING AND GRUBBING t LS 3,500.00 3,500.00 100 3,50000 000 100 3,50000 100.DO% 0.00 000 000 160-4-1 TYPE"B"STABILIZATION(8"SUBGRADE LBR 40) 116 SY 8.63 100108 116.00 1,001.08 0.00 116.00 1,001 08 100.00% 0.00 0.00 coo ,284-706 6"CEMENTED COQUINA SHELL BASE(2 LIFTS) ' 105 SY 705.00 2.200.80 0.00 105.00 2,200.80 100.00% 000 000 j 0.00 !OPTIONAL BASE GROUP 4 2096. 2,200.80 _._ !334-1 13A SU PER PAVE ASPHALTIC CONCRETE 1-SP-95 105 SY 2667 2,80035 105.00 2,800 35 0.00 105.00 2,800.35 100.00% 000 000 000 334-113B SUPERPAVE ASPHALTIC CONCRETE I-12"SP-125 105 SY 2667 2,800.35 105.00 2,80035 0.00 105.00 2,800.35 10000%. 0.00 000 000 14151 RLINFORCING PAOi STEEL(ROADWAY)(FOR BUS SHELTER PAD204 JEA 245 499.80 20400 499.80 0.00 204.00 499.80 100.00% 0.00 000 000 425-2-41 MANHOLE TYPE"P-7 J<10-) 1 100 375000 0.00 I Do 3 750.00 100.00% 0 Do 000 000 3,750.00 3,750.00 - .430-171141 !CONCRETE PIPE CULVERT CLASS 111(48") 171 LF 126.66 22,00086 16800 21,614.88 0.00 16800 21614.88 9825% 000 300 38598 - . 455&133-2 ]SHEET PILING,STEEL(TEMPORARY CRITICAL 2880 SF 2.68800 35..481.60 0.00 2,68800 35 481 60 9333% 000 19200 2.53440 13.20 38 01690 520-2-4 CONCRETE CURB (TYPE"D"1 62 LF 807 ; 50034 59.00 476 13 0.00 5900 I 476 13 95 16% 000 300 2421 4VALLEI GUTTER(CONCRETE)(3'WIDTW IF D O T t 520-3 77 LF 7700 950 18 0.00 7700 950 18 100 00% 000 0 DO 000 'INDEX 4300, 12.34_y 950.18 - ;CONCRETE WALK.DRIVE AND ADA LANDING PAD(6` ! _ 522.[ 42 SY 4200 1.280.00 0.00 4200 1,26000 100 00% 000 0 00 000 'rFnCK) 30.00 126000 �. 522-4 ;BUS SHELTER PAD(CONCRETE)(9-THICK) 11 '' SV 9091 100001 11 DO 100001 000 1100 1.00001 10000% 0.00 000 000 _ - 570-1-2 PERFORMANCE TURF(SOD)(BAHIAI 260 SY 1.60 416.00 91800 1 1.46880 000 91800 1.46880 35308% 000 -65800 1,05280 OSLI CULVERT REPLACEMENT IRC P4 .O.1306 PAY A. _.,.ATION _ SCHEDULED VALUE PREVIOUS APPLICATION THIS PERIOD TOTAL COMPLETED % MATERIALS BALANCE TO FINISH Il -N. Mi<nPUmp'MRy UMI UNI Pike AmeuM QUANTITY_ Ama4nl pUANTRY —Amn4nt_._ utlNB AmeWCOMPLETED STORED clumnY AR 18 19 399 96 I.... --- - 11125 Ii50LID TRAFFIC STRIPE(WHITE) 22 LF 2200 39996 000 2200 999.96 100.00°U 000 000 0.00 2000 _._ _..d00.00 �40000 • _ _.... I 11 11-221 SOLID TRAFFIC STRIPE(YELLOW)(6'l 20 � LF 2000 . 0 00 20.00 400.00 100.00% 0.00 0 OC 0 00 ERGENCY TEMPORARY BY-PASS SYSTEM- t 1 LS 1 00 9.000.00 0.00 1 00 9,00000 1DD00% 000 000 000 HYDRAULIC PUMP 4000 GPM 9,000 00 9,00000 800-0 BUS SHELTER REMOVE AND RESET 1 EA 1.20000 120000 100 1,20000 0.00 100 1,200.00 1000014 000 000 000 600' ',,PUBLIC CONSTRUCTION BOND 1 LS 1.001 00 3,20000 100 1900-2 TRENCH SAFETY COMPLIENCE(OVER 5')(SEE SEC 7 LS 3 200 GO 3 200 00 1 00 , 3.600 00 000 1.00 3.500.00 700.00°�� 0.00 000 000 ro 0.00 0 00 0 00 Od54, 3,50000 3,500.00 _ _ _. '900-3 TRENCH SAFETY COMPLIENCE(SHORING)(SEE SEC. 7 LS 0.00 0.00 0.00 000 000 0.00% 000 100 000 100454) 000 0.00 TOTAL TOTAL 104,245.73 TOTAL 102,363.94 TOTAL 0.00 TOTAL 102,353.94 TOTAL 0.00 TOTAL 1,891.79 FORCE ACCOUNT 5,000.00 5,000.00 IRC PROJECT NO.1306 OSLO ROAD CULVERT REPLACEMENT TOTAL TOTAL 109,245.73 TOTAL 102,353.94 "TOTAL 0.00 TOTAL 102,353.94 TOTAL 0.00 TOTAL 6,891.79 A MOITNT COMPLETED 1'0 DATE 51n2.3S3 44 MATERIALS STORED TO DATE. S43n St'B-TO"EAL MATERIALS STORED AND(OMPLETE TO DATE S02,333.14 RETAINAGE OF WORK COMPI.F.TED AT 5% TOTAL COMPLETTD AND STORED LESS RETAINAGE 102x5}.vJ LESS PREVIOUS PAYMENT }97136.24 AMOUNT DOE CONTRACTOR SS,I IT.7n �..• «'AIVE:IZ AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of hereby waives and releases its lien and right to claim a lien for labor. services or materials furnished to (customer) _ �- �C�pe �1e— ISI C-c J-4C on the job of(owner of property) _ to the following described real property. � C Dated on 6L , r 2013. Lienor's Name: AMERICAN CONCRETE INDUSTRIES, INC. 350 NORTH ROCK ROAD FORT PIERCE, FLORIDA 34945 By - ROBERT L. SNOWS SWORN and subscribed before me this _ �l � _ day of L'✓. 2013. By Robert L. Snoti�e, v<<ho is personally known to me. My Commission E. Notary Public State of.-lo,da GY - Margie Johnson, UT: ZY P I3LIC STA OF FLORIDA �� � My Commission ission FFG42699 '-r'+q p Expires 09/24/2017 Margie A. Johnson w." 91 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT A STORMWATER DIVISION 180127 1h STREET ORT�� VERO BEACH, FLORIDA 32960 Phone: (772)226-1562 CONSENT TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works DirectorcrY And THROUGH: Vincent M. Burke, P.E., Utility Director 1�? FROM: W. Keith McCully, P.E., Stormwater Engineer Ow SUBJECT: APPROVAL OF DIRECT PURCHASE OF DUPERON CORPORATION HARVEST RAKE FOR THE PC SOUTH ALGAL NUTRIENT RECOVERY FACILITY DATE: October 21, 2013 DESCRIPTION AND CONDITIONS The purpose of this Agenda Item is to request the County Commission approve the direct purchase of a self-cleaning screen manufactured by Duperon Corporation to be used to harvest algae at the PC South Algal Nutrient Removal Facility (PC South), which is under construction. On July 16, 2013, the Board of County Commissioners approved construction of PC South, along with the expenditure of funds for certain direct purchase items. One of the items discussed in the July 16 agenda item was a self-cleaning harvest screen and its estimated cost was $200,000. Staff subsequently learned that this number was presented in error. It was predicated on a June 7, 2013 quote from Duperon Corporation (Duperon) for $209,000 for a screening system similar to that used at Egret Marsh Stormwater Park (Egret Marsh). After the County Commission approved the July 16 agenda item and as staff was discussing the screen with Duperon, the company realized that the "9" and a "0" had been transposed on its June 7 quote and that the actual price should have been $290,0001 . In the July 16 agenda item, staff did not recommend using the originally quoted Duperon screening system based on our experience with the screen at Egret Marsh. ' Staff had received draft quote from Duperon on January 23,2013 and that quote did indicate$290,000 for the screening system. However, in preparation of the July 16,2013 agenda item,staff did not crosscheck Duperon's June 7 proposal against its previous submittal. FAPublic Works\KeithMlStormwater Projects\PC South ConstructionWgenda ItemslAgenda-Consent-Duperon Harvest Rake.doc 92 Page 2 PC South BCC Meeting — November 5, 2013— CONSENT October 21, 2013 During the preparation of the July 16 agenda item, staff was working with a local conveyor/screening system manufacturer to design a prototype replacement for the Egret Marsh harvest screen. It was staffs intent to install a similar system at PC South and staff used the erroneous $209,000 quote as rational to insert $200,000 as an estimated cost for the prototype PC South screen. For several months this summer, staff worked with the conveyor/screening company to develop a prototype algal harvest screen for Egret Marsh. However, after many Egret Marsh site visits and brainstorming discussions with County staff, several conveyor/screen supplier consultants/representatives, and others the company conceded that it could not improve on the Duperon product nor could it design a screen that would meet the Egret Marsh or PC South algal removal requirements.2 However, during this period staff was also in contact with Duperon regarding a new screen design. (Duperon has a patented traveling screen scraper system that does not require a fixed return drive mechanism on the channel bottom. The ability for the traveling scraper system to rotate itself at the channel bottom without the assistance of mounted underwater sprockets is a critical requirement for successful algae harvesting. The ability to develop a similar design that did not infringe the Duperon patent was one of the reasons the local prototype screen design effort failed.3) Duperon listened to staff's concerns about the Egret Marsh harvest screening system and incorporated those concerns and recommended improvements into a new design that staff is �— confident will meet PC South's algal harvest requirements. The cost for the new revised Duperon screen is $329,000 or $39,000 more than Duperon's correct quote for the harvest screening system. The extra amount is due to additional structural support and other pieces required for the new design. ANALYSIS Alternative No. 1 —Approve the direct purchase of the Duperon self-cleaning screen. Alternative No. 2 — Reject the direct purchase of the Duperon self-cleaning screen. FUNDING The additional cost of $120,000 will be funded through the previously approved construction contingency fee reserve of $351,000. For this project, $8,069,545 will be 2 pC South's algal production is expected to exceed Egret Marsh's algal production due to a constant source of nutrients that will be present in RO brine concentrate that will be mixed with South Relief Canal water and pumped over the algal floway. Egret Marsh's nutrient load is limited to the variable nutrients in Lateral D Canal water. 'Staff is not aware of any other screen manufacture whose cleaning system has the ability to rotate/turn itself at the channel bottom without the assistance of fixed sprockets or other devices. Such submerged fixed pieces will rapidly clog with algae in this type of operation and quickly render the screen inoperable. C:\Users\rbommarito\AppData\LocalWticrosoftlWindows\Temporary Internet Files\Content.Outlook\U77N B4FF\Agend a-Consent- Duperon Harvest Rake.doc 93 Page 3 PC South BCC Meeting— November 5, 2013—CONSENT October 21, 2013 funded from UtilitiesNVIP/South County Brine Disposal, Acct# 471-16900-12502 and $2,855,805 from Optional Sales Tax/Public Works/Pollution Control South, SW, Acct# 31524338-066510-06050. RECOMMENDATION Staff recommends the Board of County Commissioners: 1. Approve Alternative No. 1 — Approve the direct purchase of the Duperon self- cleaning screen. ATTACHMENTS 1. August 30, 2013 quote from Duperon Corporation for the self-cleaning screen (one copy) APPROVED AGENDA ITEM FOR: November 5, 2013 BY: Indian River County Appimyed Date Administrator l j3 Budget JIVb Le al "l� j Public Works 'oh-t-113 n Stormwater Engineering jo G/Zo litilities r.. 94 OJ Duperon Date: August 30, 2013 Proposal 5987 R1 Project: South County, FL- Indian River, PC South PC South Algal Nutrient Facility South Relief Canal Pump Station Headworks Perforated Plate Screen Project No. 0949— BID No. 2013030 Did Date: May 29"', 2013 Engineer: Keith McCully, P.E. Stormwater Engineer Addendum: 1 Duperon Contact: Local Representation: Mike Olvera— Project Estimator Sarah Bernier Sarah Bernier— Regional Sales manager Market Development Ph. 989-754-8800 Duperon Corporation Fax 989-754-2175 989-860-0716 molveraCcDduperon.com 989-754-2175 sbernier(cDduPeron.com 1200 Leon Scott Court Saginaw, MI 48601 USA sbernier(cDduPeron.com To: All Bidding Contractors Duperon is pleased to offer the following scope of supply including mechanical bar screen and accessories, as listed in the scope of supply. Please also refer to Installation Guides and Terms and Conditions equipment only. We appreciate the opportunity to provide the following pricing for the screening requirements at the South County, FL - Indian River, PC South Project. We look forward to the opportunity to work with you and thank you for your consideration. '•,yr.. D.perc.,, l., F; ,. r, .,,. .r ,g,.r;+..1". �i,�U� . f �r;. � f;. i - . .., .f ,.. . .. is- _ 95 South County, FL - Indian River, PC South PC South Algal Nutrient Facility .. Offer of Sale South Relief Canal Pump Station 010 Proposal Number Headworks Perforated Plate Screen P5987 R1 Project No. 0949— BID No. 2013030 Scone of Supply: Full Penetration Fine Screen Model FlexRake® per section 11502 PC South Algal Nutrient Facility (1) 316 SSTL Full Penetration Model FlexRake®- 316 Stainless Steel Link Driven, Front Cleaning, Rear Return Mechanically Cleaned Bar Screen approx 10 ft—2 in wide x 25 ft long, nominal, .25" opening • 316 SSTL • Drive sprockets and end castings shall be 316 SSTL and only at the upper portion of the screen per section 2.2.A.4 • Drive shaft shall be 316 SSTL per section 2.2.A.4 • Channel height 12 ft per drawing attached • Channel width 10 ft—2 in per drawing attached • Design to meet a 2 ft head differential per section 2.1.A.7 • Design flow 10 MGD • Bar shall be tear shaped • Bar spacing .25" per section 2.1.13.1 • Screen incline 45 degrees (see attached drawing) • Scrapers of 316 SSTL/UHMW • Discharge height (see attached drawing) • Approx weight 5.7 tons Clarifications/Exceptions per section 15051 • Screen shall be fully assembled • Anchors to be supplied by the contractor 316 SSTL Estimated Labor Hours screens only • Number of employees 2-4 minimum • Estimated time per unit 8-10 hours • Total estimated per unit 16-40 hours per unit' • ' Note: Doesn't include wiring Controls • Wall mount NEMA 4X SS enclosure, 1 screen • Main disconnect for 480/3/60 incoming power, 25kA • AC Tech VFD drive for speed control, 1 HP, HMI speed adjustment • Unitronics PLC control with cycle timer and float backup • Flashing light for alarm • Thermostat for fan and heater with rain hoods • Pilot lights, push buttons and selector switches on front door 2 D iEv,i„,, yxr.._ - tN;i�Li�ai�u _ (` 4111;j- P I+;1 'Fd bf 96 South County, FL - Indian River, PC South PC South Algal Nutrient Facility0000pvp� .,. Offer of Sale South Relief Canal Pump Station Proposal Number Headworks Perforated Plate Screen P5987 R1 Project No. 0949— BID No. 2013030 • Terminal blocks, ETM's, breakers, timers and relays where required FIELD MOUNTED DEVICES • 1 Three hole N4X PB station with E-stop, Forward and Reverse • 1 Mechanical float for start Spare Parts per manufactures standard spare parts required • (1) SP1-001 Standard Spare Parts Package • Drive Clevis Pin (1) • Snap/Retaining Rings (10) • Link Clevis Pins (4) • Scraper Bolts (4) • Scraper Nuts (4) • Snap Ring Tool (1) • Never Seez, 3 oz. tube (1) • Indication lamp for each type (1) Manufacturer shall provide a 5-year supply of lubrication required for maintaining all bar screen components. On Site Technical Assistance • (2) Trip (2) day, (1) technician, 8 hours total at site installation supervision, start-up and training per section 3.3.A Operation and Maintenance Manuals • 4 Hard Copies • 4 Hard copies of submittals Warranty • 1 Year Standard material and workmanship started from the date the screen is started up. Freight to Jobsite Price: $ 329,000 3 97 1 n iai au cci i ucaiyi i ai iu iayvu. I uv uaocu vi I u oven 1y ac.n. 4 98 Duperon Corporation Terms and Conditions or delay .Additionally,all charges related to storage and/or resumption of work,at Duperon Corporation's plant or elsewhere,shall be added to Purchaser's sole account and all fisks ineidental to slefege shall be assumed y Parsgaser. 19.DUPERON CORPORATION CANCELLATION:Duperon Corporation shall have the right to cancel any order or proposal withent— notice to Purchaser in the event that Purchaser becomes insolvent,adjudicated bankrupt, petitions for or consents to any relief under any bankruptcy reorganization statute,or becomes unable to meet its financial obligations in the normal course of business. 20.RETURN OF PRODUCTS.No products may be returned to Duperon Corporation without Duperon Corporation's prior written permission.Said permission may be withheld by Duperon Corporation at its sole discretion. 21.EXTENDED STORAGE:Extended storage instructions will be part of the information provided at shipment.If equipment installation and start-up is delayed more than 30 days,the provisions of the storage instructions must be followed to keep WARRANTY in force. 22.BACKCHARGES:Duperon Corporation will not approve or accept back charges for labor,materials,or other costs incurred by Purchaser or others in modification,adjustment,service,or repair of Duperon Corporation furnished materials unless such back charge has been authorized in advance in writing by a Duperon Corporation employee,by a Duperon Corporation purch se order, or work requisition signed by Duperon Corporation 23. INDEMNIFICATION AND HOLD HARMLESS:Duperon Corporation and PurchaseAagree to hold harmless the other party from J any and all liabilities,damages,losses,claims,demands,payments,actions,fees,or judgments arising out of or resulting from injury to or death of any and all persons or from damage to or loss of property(or loss of use thereof)arising out of the sale,use, maintenance,and/or delivery of equipment provided such liabilities,damages,losses,claims,demands,payments,actions,fees,or judgments are caused by actual,or claimed,negligence or breach of warranty and do not arise from any warranty not approved or from any sales for a purpose not authorized. Dupew-Gerpere4en-64 m aM costs inenrrat-including but not limited to court costs and reasonable attorney fees,from enforcing any provisions of this contract,including but not limited to owed on this centfact. 24.FORCE MAJURE:Neither party shall be considered in default hereunder or be liable for any failure to perform or delay in performing any provisions of this Agreement in the customary manner to the extent that such failure or delay shall be caused by any reason beyond its control,including an act of God;fire,explosions,hostilities or war(declared or undeclared,striking or work stoppage involving either party's employees or governmental restrictions,provided that the party declaring force majeure shall give notice to the other party promptly and in writing of the commencement of the condition,the nature,and the termination of the force majeure condition.The party whose performance has been interrupted by such circumstances shall use every reasonable means to resume full performance of these Terms as promptly as possible. 25.ASSIGNMENT:No assignment of any right or obligation under this Contract shall be made by either party without the prior consent of both parties. Any attempted assignment without such is void. 26.ENTIRE AGREEMENT:This proposal expresses the entire agreement between the parties hereto superseding any prior understandings,either written or oral,and is not subject to modification except by a writing signed by an authorized officer of each party. 27.ARBITRATION:Any controversy or claim arising out of or relating to the performance of any contract resulting from this proposal or contract issued,or the breach thereof,shall be settled by arbitration in accordance with the Arbitration Rules of the American Arbitration Association,and judgment upon the award rendered by the arbitrator(s)may be entered to any court having jurisdiction. 28.MISCELLANEOUS:Titles and/or headings in these Terms are inserted for convenience only and are not intended to effect the interpretation or construction of the Terms. Whenever possible,each provision of this Contract shall be interpreted in such a way as to be effective and valid under applicable law. If any provision is prohibited by or invalid under applicable law,it will be ineffective only to the extent of such prohibition or invalidity,without invalidating the remainder of such provision or the remaining provisions of the Terms. The parties agree that time is of the essence. Production and delivery dates may change upon any delay caused by Purchaser or its agents. -delays . Unless otherwise agreed in writing,the Terms contained herein and the subject of this agreement shall be governed by and construed only under the laws of the State of Michigan,USA. The parties agree and stipulate that jurisdiction and venue is proper before the trial courts of Michigan and consent to the jurisdiction thereof,and agree to dismiss any claim brought before the courts of any other state or rf nation. The parties deem that this Agreement was executed and to be fully performed in Saginaw Jr4ishigaw- � ( J r i 3 103 Consent INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF EMERGENCY SERVICES MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Joseph A. Baird, County Administrator THROUGH: John King, Director ��� Department of EmergeLices FROM: Etta LoPresti, Emergency Management Planner Department of Emergency Services DATE: October 16, 2013 SUBJECT: Approval of 2013/2014 State Funded Subgrant Agreement To Update Indian River County's Hazards Analysis The State of Florida provides funding for each county to conduct a hazards analysis as part of the overall Emergency Management preparedness mission. The hazards analysis identifies sites that may contain hazardous materials and the vulnerable areas near these facilities. This is part of the overall Emergency Management Hazardous Materials Plan. This year,the State of Florida is has provided an agreement that covers the scope of work for this project. The funding allocated by this agreement to Indian River County is $5,149.00. Completion of this analysis will allow accurate data when plamting for response and recovery in Indian River County. FUNDING: This is a fixed fee,performance based Agreement and there is no requirement to match the allocation with county funds.Additionally,all work will be performed by county staff and there are no other associated costs. Bud et Amount 00120825-035290-06807 $5,149.00 RECOMMENDATION: Staff recommends approval of this agreement and acceptance of the funding provided in the agreement. ATTACHMENTS: 1. Four(4)original contracts for Chairman's signature. 2. Budget office grant form. Indian River County Approved Date Administrator p/4///,3 APPROVED FOR AGENDA Legal 0/ Budget FOR: November 5, 2013 Risk Management BYJJ0osepl 4- , &74 n Department i o �S'•3 Baird, County Administrator 104 GRANT NAME: Hazardous Analysis Grant GRANT 4 14-CP-11-10-40-01-000 AMOUNT OF GRANT:$ 5,149.00 DEPARTMENT RECEIVING GRANT: Emergency Services CONTACT PERSON: John King PHONE NUMBER: 772-226-3859 1. How long is the grant for? I year Starting Date: July 1,2013 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 utilizingthe grant funds? Yes X No If yes,please list. If additional space is neededplease attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries N/A 011.13 Other Salaries&Wages(PT) N/A 012.11 Social Security N/A 012.12 Retirement-Contributions N/A 012.13 Insurance-Life&Health N/A .�,,. 012.14 Worker's Compensation N/A 012.17 S/Sec,Medicare Matching N/A TOTAL N/A 9. What is the total cost of each position including benefits,capital,start-up,auto expense,travel and operating? Salary and Benefits Operating Costs Capital Total Costs N/A N/A N/A N/A 10. What is the estimated cost of the grant to the county over five years?S Grant Other Match Costs Amount Not Covered Match First Year $5,149.00 $ N/A $ N/A $5,149.00 Second Year $N/A $ $ $N/A Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ IF $ $ $ Signature of Preparer: �� c Date: August 14,2013 j 105 5- 13 Contract Contract Number: 14-CP-11-10-40-01-XXX CSFA: 31.067 STATE-FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the"Division"), and Indian River County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below; and C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Recipient agree to the following.- (1) ollowing:(1) SCOPE OF WORK. The Recipient shall perform the work in accordance with the Scope of Work and Schedule of Deliverables and Schedule of Payments (Attachments A and B) of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES The Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including those identified in Attachment A. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties, or July 1, 2013, whichever is later, and shall end June 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 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. las . 1 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 Scope of Work- Schedule of Deliverables -Schedule of Payments (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 non-state entity as defined by Section 215.97, Fla. Stat., it shall comply with the following: If the Recipient expends a total amount of State financial assistance equal to or more than $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat.; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local government entities) or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement shows the State financial assistance awarded by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall include all sources of State financial assistance, including State funds received from the Division, other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. In connection with the audit requirements addressed in this Paragraph 6(d) above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(e), Fla. Stat. and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, is not required. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). Additional information on the Florida Single Audit Act may be found at the following website: https://apps.fldfs.com/fsaa/singleauditact.aspx. (e) Report Submission 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 105. 2 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of financial reporting packages required under this Paragraph 6 shall be submitted by or on behalf of the Recipient directly to each of the following: Division of Emergency Management Office of Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Division of Emergency Management pursuant to this Agreement shall be submitted on time as required under OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Division of Emergency Management for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (f) If the audit shows that all or any portion of the funds disbursed hereunder were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Recipient of such non- compliance. (g) The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Stat. by an independent certified public accountant(IPA)who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Division no later than nine(9) months from the end of the Recipient's fiscal year. (7) REPORTS (a) If all required deliverables 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 Scope of Work- Schedule of Deliverables- Schedule of Payments. (b) The Recipient shall provide additional program updates or information that may be required by the Division. (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, are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A and B to this Agreement. 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 of Work 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 0S• 3 a limited audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. (b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT. If any of the following events occur("Events of Default"), all obligations on the part of the Division to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete on time any of its obligations under this Agreement. (11) REMEDIES. 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: to 5. 4 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. (b)The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined. (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at the address below, and this notification attached to the original of this Agreement. (b) The name, address, telephone number, fax number and email address of the Division contract manager for this Agreement is: Mr. Timothy Date 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850) 410-1272 Fax: (850) 488-1739 Email: tim.date@em.myflorida.com ) 0 S. 5 (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: John King 422543 Ave Vero Beach, FL 32967 Telephone: 772-567-2154 Fax: 772-567-9323 Email:Jking(c�ircgov.com (d) In the event that different representatives are designated by either party after execution of this Agreement, notice of the name, address, telephone number, fax number and email address of the new representative will be provided as outlined in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The Recipient agrees to include in the subcontract that(i)the subcontractor is bound by the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall document 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—Scope of Work Attachment B—Schedule of Deliverables- Schedule of Payments Attachment C—County Facilities Listing Attachment D— Financial Invoice Form Attachment E— Hazards Analysis Checklist and CAMEO Guide Attachment F—Hazards Analysis Site Visit Certification Form Attachment G—Warranties and Representations Attachment H—Certification Regarding Debarment, Attachment I —Statement of Determination (17) FUNDING/CONSIDERATION (a) This is a fixed fee agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $5,149.00 subject to the availability of funds. (b) The sole intent of this Agreement is to provide financial assistance to the Recipient to support the conduct of site-specific hazards analyses and hazardous materials emergency management activities. It is therefore required that all expenditures paid from this fund be directly related to hazardous materials preparedness, response, recovery or mitigation activities. Contract funds are not required to be 105- 6 expended within the contract period; however, all work must be performed during the contract period. Any payments received after termination of the Agreement shall be considered payments for work performed pursuant to the 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. This agreement may be renewed, at the Division's sole discretion, for a period that may not exceed three years or the term of the original Agreement, which ever period is longer, specifying the new price and subject to the availability of funds. Pursuant to Section 287.057(13), Florida Statues, exceptional purchase contracts pursuant to 287.057(3)(a) and (c), may not be renewed. (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 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 seq.), 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. os• 7 (g) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(federal, state or local)transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity(federal, state or local)with commission of any offenses enumerated in paragraph 19(g)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local)terminated for cause or default. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment G)for each intended subcontractor which Recipient plans to fund under this Agreement. The form must be received by the Division before the Recipient enters into a contract with any subcontractor. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. Q) 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 expenditures of state financial assistance shall be in compliance with the laws, rules and regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for State Expenditures. (p) The Agreement may be charged only with allowable costs resulting from obligations incurred during the term of the Agreement. (q) Any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for direct program costs in a subsequent period must be refunded to the State. IDS• 8 (r) The recipient is required to participate in Division of Emergency Management training specific to performance of the hazard analysis program. (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. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. 05. 9 (22) LEGAL AUTHORIZATION. The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RECIPIENT: INDIAN RIVER COUNTY By: Name and title: Date: FID#59-6000674065 STATE OF FLORIDA DIVISION OF EMERGENCY MANGEMENT By: Name and Title: Bryan W. Koon, Director Date: APPROVED Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By. Deputy Clerk County 1 JS• 10 EXHIBIT- 1 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Division of Emergency Management, Florida Hazardous Materials Planning and Prevention Program, Catalog of State Financial Assistance Number 31.067 in the amount of$5,149.00. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 1. Emergency Planning and Community Right-to-Know Act (EPCRA), Title III of the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. s. 11001, et seq. (SARA). 2. Florida Emergency Planning and Community Right-to-Know Act, Chapter 252, Part II, Florida Statutes Attachment A SCOPE OF WORK Purpose To update the hazards analysis for all facilities listed in Attachment C, which have reported to the State Emergency Response Commission the presence of those specific Extremely Hazardous Substances designated by the U.S. Environmental Protection Agency in quantities above the Threshold Planning Quantity. The data collected under this Agreement will be used to comply with the planning requirements of the Superfund Amendments and Reauthorization Act of 1986, Title III, "Emergency Planning and Community Right-To-Know Act of 1986" and the Florida Emergency Planning and Community Right-To-Know Act, Florida Statutes, Chapter 252, Part II. Requirements A. The Recipient shall submit a list of facilities within the geographical boundaries of the County listed on Attachment C that are suspected of not reporting to the State Emergency Response Commission the presence of Extremely Hazardous Substances in quantities above the Threshold Planning Quantity, as designated by the U. S. Environmental Protection Agency. B. The completed hazards analysis shall comply with the site-specific hazards analysis criteria outlined in this Attachment for each facility listed in Attachment C. The primary guidance documents are Attachment E (Hazards Analysis Contract Checklist and CAMEO Guide) to this Agreement and the U.S. Environmental Protection Agency's "Technical Guidance for Hazards Analysis" at; http://www.eya.-gov/emergencies/docs/chem/tech.pdf. All hazards analyses shall be consistent with the provisions of these documents. Any variation from the procedures outlined in these documents must be requested in writing, submitted in advance and approved by the Division. C. Conduct an on-site visit at each Attachment C facility to ensure accuracy of the hazards analysis. Each applicable facility's hazards analysis information shall be entered into the U.S. Environmental Protection Agency's CAMEOfm version 2.4 (download from): http://www.epa.gov/emergencies/content/cameo/index.htm. Each facility hazards analysis shall include, but is not limited to, the following items: 1. Facility Information (CAMEOfm Facility Page) (a) Enter the facility name (per Attachment C) in the Facility Name field. (b) Enter the facility physical address (no Post Office Box) in the Street Address fields of the Address tab. (c) Enter the geographic coordinates (in decimal degrees) in the latitude/longitude fields of the Map Data tab. 14S1Z (d) Enter the maximum number of employees present at the facility at any given time in the Number of Employees on Site field of the ID Codes tab. (a minimum of one is required for unmanned facilities) (e) Enter the Facility phone number in the Facility Phones tab field. (f) Enter the name, title and 24-hour phone number of the designated facility emergency coordinator in the Contacts tab field. (g) Enter the main route(s) used to transport chemicals to the facility (from the County line to the facility) in the notes tab of the Facility Page. (h) Enter the route(s) used to exit the Vulnerable Zone(s) in the notes tab of the Facility Page. (i) Enter any past releases that have occurred in the last five years at the facility in the notes tab of the Facility Page. Include date, time, chemical name/quantity and number of persons injured or deaths (this information is available from the facility). If it is determined that a facility does not have a historical accident record, that shall be noted. 2. Hazard Identification (CAMEOfm Chemical in Inventory Page) (a) For each Extremely Hazardous Substance present over the Threshold Planning Quantity (TPQ), create a Chemical in Inventory page (if a Chemical in Inventory page hasn't been created already) and enter the proper chemical name and Chemical Abstract Service (CAS) number. (b) On each Chemical in Inventory page created for each Extremely Hazardous Substance present over the TPQ, enter in pounds (not range codes) the maximum quantity of each Extremely Hazardous Substance in the Max Daily Amount field of the Physical State and Quantity tab. (c) Enter the amount(in pounds) of each Extremely Hazardous Substance stored in the largest container or interconnected containers in the Max amount in largest container field of the Physical State and Quantity tab (this is the release amount used to determine the Vulnerable Zone). (d) Choose the appropriate code from the drop down list for the Type of storage container(drum, cylinder, tank etc.), storage pressure (ambient, greater than ambient etc.) and storage temperature (ambient, greater than ambient etc.) of each Extremely Hazardous Substance in those fields on the Location tab. (e) For each Extremely Hazardous Substance over TPQ, On the Physical State & Quantity tab check the appropriate boxes in the Physical State, Hazards and Health Effects fields (information on the above may be found by clicking on the Datasheet button which opens the CAMEO Chemicals database. I a5 • 13 3. Vulnerability Analysis (CAMEOfm Scenario Page) (a) For each Extremely Hazardous Substance present over the Threshold Planning Quantity (TPQ), create a New Scenario page (if a Scenario page hasn't been created already) and enter the maximum amount in the largest container or interconnected containers in the Amount Released field of the Scenario Description tab. (b) On the Scenario page(s) Scenario Description tab, enter the concentration percentage in the Concentration field. (c) On the Scenario page(s) Scenario Description tab, enter the release duration in the Release Duration field as follows: (1) Gases— 10 minutes (2) Powders or solids in solution— 10 minutes (3) Liquids—No value shall be entered (d) On the Scenario page(s) Scenario Description tab, use the weather default settings or, enter average wind speed (don't enter a value in the Wind From field) and Urban or Forest is recommended in the Ground Roughness field. (e) On the Scenario page(s) Scenario Description tab, rate the Risk, Consequences and Overall Risk of a release occurring at the facility on the bottom of the Scenario Page (the Risk Assessment should be based upon the Extremely Hazardous Substance, previous release history, maintenance conditions etc.). (f) After entering the information noted above on the Scenario Description tab and clicking on the Estimate Threat Zone Radius button, CAMEO will automatically estimate the extent of the vulnerable zone that may cause injury or death to human populations following an accidental release. (g) On the Scenario page(s) notes tab, enter an estimate of the total exposed population within the vulnerable zone(s). (h) On the Scenario page(s) notes tab, identify each critical facility by name and maximum expected occupancy within the vulnerable zone(s) (schools, day cares, public safety facilities, hospitals, etc.). If there are no critical facilities within the vulnerable zone(s), that shall be noted. D. Supporting documentation shall be submitted to the Division which lists the facilities for which a hazards analysis was not completed. In addition to the facility name and address, supporting documentation should indicate whether: 1. Facility has closed or is no longer in business. 2. Facility is not physically located in the County (indicate appropriate County location, if known). 3. If the facility no longer has Extremely Hazardous Substances on-site or is below the Threshold Planning Quantity, notify the facility representative of the requirement to submit to the State Emergency Request Commission a; (a) Statement of Determination (Attachment I), or (b) Letter identifying the date and reason the Extremely Hazardous Substance is no longer present (closed, replaced with less hazardous substance, etc.) or below TPQ. E. On-Site Visits I. Conduct a detailed on-site visit, within the period of this Agreement, of all the facilities listed in Attachment C, to confirm the accuracy and completeness of information in the hazards analysis. 2. Submit a completed Hazards Analysis Site Visit Certification Form (Attachment F) to the Division with the Facility Name included in the file naming convention (required format Facility NameSV). Add the site visit certification form to the Site Plan Tab of the Cameo Facilities Page for each facility visited or contacted. (a) On-Site visit exception for sulfuric acid (I) For facilities listed on Attachment C that report the presence of only sulfuric acid, an initial on-site visit is required and an on-site visit form (Attachment F) signed and dated by the facility representative and the Recipient shall be submitted to the Division. (2) In Agreements subsequent to the initial on-site visit, the Recipient shall contact the facility representative by email or telephone to verify the presence of all extremely hazardous substances. The on-site visit form shall be signed by the Recipient and identify the date the Recipient contacted the facility representative. Another on-site visit is not required in subsequent Agreements, unless, the facility reports the presence of another extremely hazardous substance. (3) if a facility representative reports the presence of an extremely hazardous substance other than sulfuric acid in Agreements subsequent to the period of Agreement in which the initial site visit was conducted, the Recipient shall conduct an on-site visit and submit a completed on-site visit form (Attachment F) to the Division. 3. For each facility that a hazard analysis is conducted, submit a site plan to the Division with the Facility Name included in the file naming convention (required format Facility NameSP). Add the site plan to the Site Plan Tab of the Cameo Facilities Page. The site plan shall contain sufficient information to provide situational awareness to provide, as a minimum: i 'D 15 (a) Location of major building(s) (b) Name and location of extremely hazardous substance(s). if multiple extremely hazardous substances are co-located, noting EHS is acceptable. (c) Name and location of street(s) (d) Identify pertinent access and egress point(s) (e) Note any additional features pertinent to hazmat and medical response F. Ensure that the Hazards Analysis information is reflected in the County Local Mitigation Strategy. I 0 S- Ito Attachment B Schedule of Deliverables — Schedule of Payments Schedule of Deliverables Deliverables 2, 3 and 4 shall be submitted to the Division by the required deadline to be considered eligible for payment. Work products submitted under Deliverables 2, 3 and 4 shall only be paid if they meet the criteria set forth in sections A through E of the Scope of Work (Attachment A). Late submissions will not be eligible for payment. Deliverable 1: Within 30 days after receipt of the executed contract, the recipient shall submit a sample hazard analysis to the Division for review to ensure the work being performed meets the requirements of the Scope of Work. Deliverable 2: On or before January 1, 2014, the Recipient shall submit fifty (50) percent of the completed hazards analyses for facilities listed on Attachment C to the Division for review and approval. Deliverable 3: On or before April 1, 2014, the Recipient shall submit the final fifty (50) percent of the completed hazards analyses for facilities listed on Attachment C to the Division for review and approval. Deliverable 4: A. On or before June 1, 2014, the Recipient shall submit a complete copy of each approved hazards analysis to the applicable Local Emergency Planning Committee and a copy of the transmittal document shall be submitted to the Division. B. On or before June 1, 2014, the Recipient shall notify all Attachment C facilities and applicable first responder agencies of the availability of the hazards analyses information, and make that information available upon request and submit proof of said notifications to the Division. Schedule of Payments Payment Deliverable #2 -45% of the Agreement Amount $2,317.05 Deliverable#3 - 45% of the Agreement Amount $2,317.05 Deliverable#4 - 10% of the Agreement Amount $514.90 Each payment shall be made upon satisfactory completion of the deliverable(s) above and upon receipt of an acceptable Financial Invoice (Attachment D). ATTACHMENT C - INDIAN RIVER COUNTY SECTION 302 FACILITY LIST 2013-2014 SERC# Facility Name/Address County EHS Chemical Contact AT&T-FL0900 30425 1825 Old Dixie Highway Indian River Sulfuric Acid Donald Carroll Vero Beach FL 32960 800-566-9347 AT&T-FLE620 16451 402 Southeast Becker Indian River Sulfuric Acid Donald Carroll Port St Lucie FL 32963 800-566-9347 Bellsouth-E8612 5233 766 Beachland Boulevard Indian River Sulfuric Acid Donald Carroll Beachland FL 32960 800-566-9347 Bellsouth-E8636 5234 1976 16 Avenue Indian River Sulfuric Acid Donald Carroll Vero Beach FL 32960 800-566-9347 Bellsouth-E8640 29563 1137 US Highway 1 Indian River Sulfuric Acid Donald Carroll Sebatian FL 32958 800-566-9347 Verizon-MCI-VOBEFL 24057 South 1-95,Vero Beach State Road 60 exit Indian River Sulfuric Acid Jason Weller Vero Beach FL 32960 800-386-9639 Verizon-MCI-VROBFL 29521 1420 19 Place Indian River Sulfuric Acid Jason Weller Vero Beach FL 32962 800-386-9639 Orchid Island Golf& Beach Club Mike Rose 36806 One Indies Drive Indian River Sulfuric Acid Orchid FL 32963 772-388-0330 Piper Aircraft 1320 2926 Piper Drive Indian River Sulfuric Acid Ted Dyer 772-299-2476 Vero Beach FL 32960 Sam's Club-6520 Julie Angle 30651 5565 20 Street Indian River Sulfuric Acid 772-978-9385 Vero Beach FL 32966 0 Revised 912512013 h ATTACHMENT C - INDIAN RIVER COUNTY SECTION 302 FACILITY LIST 2013-2014 Sun Ag-Fellsmere Farms Division Michael Monroe 1386 7735 County Road 512 Indian River Chlorine Fellsmere FL 32948 772-571-1933 Syngenta Crop Protection Matt Thornton 1095 7145 58 Avenue Indian River Paraquat Dichloride Vero Beach FL 32967 772-336-3458 The Home Depot Store-8545 33962 13361 US Highway 1 Indian River Sulfuric Acid Jennifer Caton Sebatian FL 32958 772-589-1383 Vero Chemical Distributors 6540 755 20 Place Indian River Chlorine Mark Thurn Vero Beach FL 32960 772-562-4463 White Face Acres 10539 12600 State Road 60 Indian River Paraquat Dichloride Alexander Kromhout Vero Beach FL 32966 772-473-2758 a Revised 912512013 Attachment D FINANCIAL INVOICE FORM FOR HAZARDOUS MATERIALS HAZARDS ANALYSIS UPDATE RECIPIENT: Indian River County AGREEMENT# 14-CP-11-10-40-01-XXX AMOUNT AMOUNT APPROVED REQUESTED BY THE BY THE RECIPIENT DIVISION 1. First Payment(45% of contract amount) $ $ (50% Hazards Analyses completed/submitted) 2. Second Payment(45% of contract amount) $ $ (50% Hazards Analyses completed/submitted) 3. Final Payment(10% of contract amount) $ $ (approval, distribution & notification) TOTAL AMOUNT $ $ (To be completed by the Division) I certify that to the best of my knowledge and belief the billed costs are in accordance with the terms of the Agreement. Signature of Authorized Official/Title Date TOTAL AMOUNT TO BE PAID AS OF THIS INVOICE $ (To be completed by the Division) Attachment E Hazard Analysis Contract Checklist and CAMEOfm Guide Facility Information (CAMEOfm Facility Page) Facility Name{per Attachment Q(Facility Page) Facility Physical Address(Facility Page) Latitude and Longitude in Decimal Degrees{ex.30.197,-84.36211(Map Data Tab on Facility Page) Facility 24-hour Emergency Phone Number (Facility Phones Tab on Facility Page) Facility Emergency Coordinator Name and Title Contact Tab on Facility Page) Transportation Route(s){From County Line to the Facility)(Notes Tab on Facility Page) Evacuation Route(s)to exit the Vulnerable Zone(Notes Tab on Facility Page) Historical Accident Record{If none,please note)(Notes Tab on Facility Page) Facility Population{a minimum of one is required for unmanned facilities)(ID Codes Tab on facility Page) Hazard Identification(CAMEOfm Chemical in Inventory Page) (for each Extremely Hazardous Substance on site) Proper Chemical Name(s)(Chemical in Inventory Page(s)) Chemical Abstract Service(CAS)Number(Chemical in Inventory Page(s)) Physical State in Storage{ex.mixture,pure,liquid,gas)(Chemical in Inventory Page{s),Physical State and Quantity Tab) Maximum Quantity On-site in Pounds(Chemical in Inventory Page{s),Physical State and Quantity Tab) Amount in Largest Container or Interconnected Containers(Chemical in Inventory Page{s),Physical State and Quantity Tab) Type and Design of Storage Container(s) (ex.cylinder,steel drum,carboy)(Chemical in Inventory Page(s),Physical State and Quantity Tab) Nature of the Hazard{ex.acute,chronic,fire,pressure,etc.)Chemical in Inventory Page(s),Physical State and Quantity Tab) Vulnerability Analysis(CAMEOfm Scenario Page) (for each Extremely Hazardous Substance on site) Enter maximum amount in largest container or interconnected containers in the Amount Released field(Scenario Description tab) Enter the concentration percentage in the Concentration field(Scenario Description tab) Enter Release Duration(10 minutes for gases,solids in solution or powders;no entry for liquids is required)(Scenario Description tab) Weather Information-Use the weather default settings or enter average wind speed(don't enter a value in the Wind From field)and Urban or Forest is recommended in the Ground Roughness field.(Scenario Description tab) Risk Assessment-Rate the Risk,Consequences and Overall Risk of a release occurring{based upon release history&maintenance etc.) (Scenario Description tab) Extent of Vulnerable Zone{CAMEO automatically calculates Threat Zone Radius when Edit button and Estimate Threat Zone Radius buttons are used)(Scenario Description tab) Enter estimate of Total Exposed Population(Notes Tab on Scenario Page(s)) Enter Critical Facilities(name of critical facility(s)and max occupancy for each;if none,state No Critical Facilities)(Notes Tab on Scenario Page(s)) On-Site Visits(for each Facility and within the Contract Period) Site Visit Certification Form(Attached to Site Plan Tab on Facility Page){file naming required format Facility NameSV) Site Plan(Attached to Site Plan Tab on Facility Page)(file name required format Facility NameSP) Sufficient Detail to Identify: Location of Major Building(s) Name and Location of Extremely Hazardous Substance(s)(if extremely hazardous materials are co-located,noting EHS is acceptable) Name and Location of Street(s) Identify Pertinent Access and Egress Points Note Additional Features Pertinent to Hazardous Materials and Medical Response All data shall be submitted electronically via CAMEOfm version 2.4 in a .zip file format. Attachment F Q;zl I-,0 FLORIDA STATE EMERGENCY RESPONSE COMMISSION FOR HAZARDOUS MATERIALS HAZARDS ANALYSIS SITE VISIT CERTIFICATION FORM Facility Name (Please print) Street Address, City & Zip Code (Please print) County (Please print) Name of Facility Representative (Please print) Facility Representative Signature Site Visit Date Site Visit Performed by (Please print) Signature Site Visit Date The individuals signinq above certify that a hazards analysis site visit was conducted on the above date. Notes: ❑ Check if facility representative was informed about using E-Plan (https://erplan.net/eplan/login.htm)for EPCRA on-line filing IDS ' Z1 Attachment H Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Indian River County Signature Recipient's Name 14-CP-1 1-10-40-01-XXX Name and Title Agreement Number Street Address City, State, Zip Date Attachment I STATEMENT OF DETERMINATION Facility Name Physical Address (Street only) City County LEPC District I have determined that this facility is/is not subject to the following section(s)of EPCRA,Title III, for the reporting year(s)indicated (circle all applicable): SECTION 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 302/303 Y/N Y/N Y/N Y/N Y/N Y/ N Y/ N Y/ N Y/N Y/ N Y/ N 311 /312 Y/N Y/N Y/N Y/N Y/N Y/ N Y/N Y/ N Y/ N Y/ N Y/N 313 Y/N Y/N Y/N Y/ N Y/N Y/ N Y/ N Y/ N Y/ N Y/N Y/ N If "No" was indicated on any of the above, please check appropriate box s why: Sections Extremely Hazardous Substances(EHSs)are/were present only in amounts less than established Threshold 302/303 Planning Quantities(TPQs). No EHSs are Present. No EHSs were present on-site during the year. Sections Hazardous chemicals/EHSs are/were present only in amounts below established reporting thresholds. 3111312 No hazardous chemicals/EHSs are/were present. No hazardous chemicals were present on-site during the year. Section Not within covered SIC Codes. 313 Within covered SIC Codes, but less than ten(10)employees. Within covered SIC Codes, but no Section 313 chemicals were present or were below Section 313 reporting thresholds. Other Closed facility Chemicals removed Chemicals reduced below Date Effective: YES/NO YES/NO threshold/TPQ YES/NO New Facility. Date chemicals brought on site meeting/exceeding TPQ: Further explanation if necessary: CERTIFICATION: I understand the requirements of the law(s) circled above. I also understand that ultimate compliance responsibility lies with me and failure to comply, if required, can result in civil and criminal penalties under federal and state laws. Name of owner/operators authorized representative (printed): Official Title (printed): Signature: JDate signed: ( as - Z6 0)NSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: October 25, 2013 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County inistprtaf Jason E. Brown, Budget Director FROM: Jennifer Hyde, Purchasing Manager J SUBJECT: Approval of Bid Award for IRC Bid No. 2014012 Annual Bid for Calcium Hypochlorite BACKGROUND: The Department of Utility Services requested the solicitation of annual bids for Calcium I lypochlorite for water and wastewater facilities. BID RESULTS: Bid Opening Date: October 1, 2013 Advertising Date: September 6, 2013 DemandStar Broadcast to: 118 Suppliers Specifications Requested by: 15 Vendors Replies: 4 Vendors BID TABULATION: Bidder Ci /State Price/lb Total Annual Bid Previous Bid— Chemrite $1.25 Allied Universal Corporation Miami, FL $1.19 $3,570.00 Chemrite, Inc. Buford, GA $1.28 $3,840.00 Leslie's Poolmart, Inc. Phoenix, AZ $1.3795 $4,138.50 Thatcher Chemical of Florida, Inc.* Salt Lake City, UT $1.164 $3,492.00 *Thatcher requires a minimum order of 1,800 lbs, which is more than double our projected annual need ANALYSIS: The chemical quantity requested in the bid exceeds the Department's anticipated annual requirements. Expenditures for each of the two previous fiscal years were $1,000. The bid price has decreased by 4.8% from $1.25 per pound on the last cycle to $1.19 per pound proposed. SOURCE OF FUNDS: Purchases will be made from the Water Production Chemicals account budget in the operating fund. Operating funds are generated fi-om water and sewer revenues. Based on recent historical usage of 800 pounds per year, and the proposed vendor's minimum order requirement of 500 rfiI esnseiI fuNic''1'urchasingBidsJ0 11.2014 F1'120140001\201.1012 Annual Bid Calcium I l ypochl0111e..Ag—da-2014012 doc 106 CONSENT AGENDA pounds, our anticipated annual expense is $1,190. The FY 13/14 budget includes $1,575 for 'W.. Calcium Hypochlorite and funds available as shown below. Account Number Account Description Budget Amont u 47121836-035230 Wastewater Treatment Chemicals $1,575 RECOMMENDATION: Staff recommends awarding the bid as follows: • Award to Allied Universal Corporation of Miami, FL, as the lowest responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid. • Authorize the Purchasing Division to issue blanket purchase orders for the period of November 5, 2013 through September 30, 2014 to the recommended bidder and, • Authorize the Purchasing Manager to renew this bid for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County, ATTACHMENTS: Recommendation of Award (Department) Bid Tabulation Bid Submittal APPROVED AGENDA ITEM Indian River Co A ved Date BY: ald) Admin d /U l.eeal � aird, County Administrator Bud et PDc artmentRisk Mana ger FOR:Y7seph . W.. .J ilt>crra2•PuLlied'w chasing�Bds'2013-2014 FY l2014ID0p,2014012 Annual Bid Calcium 1111 1110,iw Agnnda_01401'_doc 107 4� G �LORIO4' INDIAN RIVER COUNTY INTEROFFICE MEMORANDUM DATE: October 7, 2013 TO: Jennifer Hyde, Purchasing Manager FROM: Vincent Burke, Director of Utility Services PREPARED BY: Terry Southard, Operations Manager 1' SUBJECT: Bid # 2014012 Annual Bid for Calcium Hypochlorite Background: The Indian River County Purchasing Division opened bids on October 1,2013 for Bid#2014012 annual bid for Calcium Hypochlorite (HTH). Calcium Hypochlorite is a product used by the County's three wastewater facilities,the Water Distribution division, and the Wastewater Collection division. Four companies responded to the bid invitation. Thatcher Chemical of Florida, Salt Lake City, UT $3,492.00 Allied Universal Corp., Miami, FL $3,570.00 Chemrite, Inc., Buford GA $3,840.00 Leslie's Poolmart, Inc., Phoenix, AZ $4,138.50 Recommendation: Staff recommends the Second lowest bidder, Allied Universal Corp., Miami FL be awarded the 2014012 annual bid for a price of$3,570.00 which is based on best estimates. Staff made this recommendation because the minimum order allowed by the lowest bidder Thatcher Chemical is more than twice the annual usage of the Department Funds to cover the purchase are in the operating budget account # 47121836035230. Operating funds are derived from water and sewer sales. The proposed chemical budget for the wastewater plants in the FY 13/14 includes$1,575.00 for HTH. Note: The bids received on October I", were based on an estimated amount that may be slightly higher than historical usage. For example, in the FY 12/13 $1,000.00 was expended for HTH, and in FY 11/12 $1,000.00 was also spent. In the past we have used less than the selected bidder's projections and we anticipate same for the coming year. •..r C:\Documents and Settings\aobertautsch\Local Settings\Temporary Internet Files\Content.Outlook\XOW7294F\Memo to Jennifer Hyde Bid #2014012 HTH October 7 2013 RM AO Final (4).doe 108 Bid No. 2014012 Indian River County Purchasing Division 1800 27th Street,Vero Beach,FL 32968 Witness: Diane Feshoh Bid Title: Annual Bid for Calcium (772)226-1416 Hypochlorite Witness: Jennifer Hyde Bid Opening Date: 10/1/2013 BID TABULATION SHEET Time: 2:00 pm a, I_ Z L Total Annual Price- o c o Total Annual Price- Bidders Name Location LL o Calcium Hypochlorite, Total Annual Bid 2 �. Ha Delivery Charge m o Granular, 67/o Reactive u x W ALLIED UNIVERSAL NA-MINIMUM CORPORATION MIAMI Y Y Y $3,570.00 $3,570.00 DELIVERY 5 DRUMS CHEMRITE, INC. BUFORD, GA Y N Y $3,840.00 NA $3,840.00 LESLIE'S POOLMART, INC. PHOENIX, AZ YN Y $4,138.50 $0.00 $4,138.50 THATCHER CHEMICAL OF FLORIDA, INC. SALT LAKE CITY, UT Y Y Y $3,492.00 0 (INCLUDED) $3,492.00 COMMENTS: 0 �o 2014012 Annual Bid Calcium Hypochlorite w.. Bid Form Annual Bid for Calcium Hypochlorite Bid #: 2014012 Bid Opening Date and Time: October 1, 2013 2:00 P.M. Bid Opening Location: Purchasing Division 180027 th Street Vero Beach, FL 32960 In accordance with all terms,conditions,specifications,and requirements,the Bidder offers the following: Bidder Name: Allied Universal Corproation Item Estimated Item Description Annual Unit Cost Total Price •;-=.z- Quantity CALCIUM HYPOCHLORITE, GRANULAR, 67% 3 1 .19 1 000 LB $ /LB $ 3,570.00 REACTIVE 2 Deliver Charge - Y g — - 3 EA $ -- /EA $ (Minimum Delivery 5 Drums) ,�,.. Total Annual Bid $ 3,570.00 Delivery Time After Receipt of Phone Order 3 work days ' Will your company extend these prices to other governmental agencies Yes❑ Noll within the State of Florida? Page 10 of 14 110 2014012 Annual Bid Calcium Hypochlorite The undersigned hereby certifies that they have read and understand the contents of this solicitation �.. and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications, and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. Company Name: Allied Universal Corporation Company Address: 3901 NW 115 Avenue Miami, FL 33178 City, State Zip Code Telephone: 305-888-2623 Fax: 305-463-8369 E-mail: cathieg@allieduniversal.com 59 0776285 Business Tax Receipt Number: FEIN Number: <' September 25, 2013 Authorized Signature: Date: Name: Catherine Guillarmod Title: Executive Administrator (Type/Printed) Page 11 of 14 111 C'ONSEN'T AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: October 24,2013 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administra Jason E. Brown, Budget Director FROM: Jennifer Hyde, Purchasing Mana SUBJECT: Approval of Bid Award for IRC Bid No. 2014014 Annual Bid for Antiscalant BACKGROUND: The Department of Utility Services requested the solicitation of annual bids for Antiscalant for its Water Treatment Plants. BID RESULTS: Bid Opening Date: October 1, 2013 Advertising Date: September 9, 2013 DemandStar Broadcast to: 149 Suppliers Specifications Requested by: 21 Vendors Replies: 2 Vendors BID RESULTS: Bids were requested at a price per gallon at an estimated need of 12,000 gallons, with the following responses: Bidder Location Price per Total Annual Price allon estimated 12,000gallons) Previous Bill—Harcros .$5.09 American Water Chemicals, Inc. Plant City, FL $4.69 $56,280.00 Harcros Chemicals, Inc. Tampa, FL $4.94 $59,280.00 ANALYSIS: The Harcros product is currently utilized at both Water "treatment Plants. Changing the product to that provided by American Water Chemicals (AWC) would require purging and cleaning the three storage tanks, pumps and injection lines. In addition to the cost of having the tanks cleaned, there will be a cost associated with the loss of the product eliminated from the tanks, pumps and lines. Additionally, the necessary dosage rate for the AWC product (2.82 ppm) is higher than the rate for the Harcros product (2.72 ppm), requiring another 300 gallons per year of the AWC product for the same level of treatment as the Harcros product. The estimated costs associated with changing 1%1 ilesen'er'_Puhl i"N-h—"gV3 ids_1113-20141 Y(2014000),2014014 A AnwcaWv Agenda-201401.Joe 112 CONS LNT AGENDA product are illustrated in the following table, showing an ultimate savings of $1,315 over the potential three-year period of this award, if the low bid is selected. Additional 'Tank Residual Total First Total Vendor Bid Price product (due cleaninProduct Cost for to dosage) g Loss Year Cost 3 -ears AWC $56,280.00 $1,407 $500 $2.964 $61,151.00 $176,525 Ilarcros $59,280.00 N/A N/A N/A $59,280.00 1 $177,840 As part of the bid review process, Utilities contacted the three references provided by AWC, receiving only one positive response related to the product proposed for our use. Because of this lack of documented successful utilization of the product, staff is not able to find AWC responsible to our requirements as set forth in the invitation to bid. As our current vendor for the past live years and by the information submitted in their bid, staff has determined Ilareros to be both responsive and responsible in terms of this bid. The recommended bid price has decreased by 3% from $5.09 per gallon on the last bid cycle to the proposed $4.94 per gallon. Expenditures for antiscalant were $83,505 in FY 12/13 and $51,453 for FY 11/12. SOURCE OF FUNDS: Expenditures will be paid from the Water Production Chemicals account budget in the operating fund. Operating funds are generated from water and sewer revenues. The required funds of$59,280 are available as shown below. Account Number Account Description Budget Amount 47121936-035230 Watcr Production Chemicals $75.000 RECOMMENDATION: Staff recommends awarding the bid as follows: • Award to Harcros Cliemicals, Inc. of Tampa. FL,, as the lowest responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid. • Authorize the Purchasing Division to issue blanket purchase orders for the period of November 5, 2013 through September 30, 2014 to the recommended bidder and, • Authorize the Purchasing Manager to renew this bid for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. ATTACHMENTS: Recommendation of Award (Department) Bid Tabulation Bid Submittal -Furse,—2,1'ubl ic`Pur!—mgdbid,�2013-2(14 FN' 2(14000),20 t40 14 Annual.A miscal aut..Agenda-2014014 d- 113 CONSENT AGENDA APPROVED AGENDA ITEM Indian River Co Approved Date Admin BY: Legal oseph . Baird, County Administrator Budget Department Risk Manager FO wu. Filcscn Cr_Publicl}'urehning'dWs,2011-2014 F1(2014006)2014014 4nn-1 do, 114 1 � { Bid No. 2014014 Indian River County Purchasing Division 1800 27th Street,Vero Beach,FL 32968 Witness: Diane Feshoh Bid Title: Annual Bid for (772) 226-1416 Antiscalant Witness: Jennifer Hyde Bid Opening Date: 10/1/2013 BID TABULATION SHEET Time: 2:00 pm v E z L Bidders Name Location u°- o c Total Annual Price Manufacturer Product Number :2 F+ N m C 0 U X W AMERICAN WATER CHEMICALS, AMERICAN WATER PLANT CITY Y N Y $56,280.00 A-111 PLUS INC. CHEMICALS, INC. HARCROS CHEMICALS, INC. TAMPA Y N Y $59,280.00 PWT 21657 COMMENTS: or i CJI 1/10 2014014 Annual Bid Antiscalant Bid Form Annual Bid for Antiscalant Bid#: 2014014 Bid Opening Date and Time: October 1, 2013 2:00 P.M. Bid Opening Location: Purchasing Division 180027 1h Street Vero Beach, FL 32960 In accordance with all terms,conditions,specifications,and requirements,the Bidder offers thefollowing: Bidder Name: HGVyoS t/1'ltm10 -5 � IYt('j Estimated Item Item Description Annual Unit Cost Total Price # Quantity 1 ANTISCALANT,equal or better AMF 12,000 gal $ "1 q q /gal $ 5q 2V I Spectra Guard (Bulk)-Delivered Manufacturer P 1 -T Product Number Will your company extend these prices to other governmental agencies Yes❑ No within the State of Florida? WX List references of Utilities in the State of Florida References including name, location, phone,and email for three (3) plants using this product for longer than one(1)year with no acid pretreatment. for which you have performed this type work. 1) Facility I roti" IZi\(" I U e-S Phone#(11'2-) IID- 6M) Email: 1nVtXV10YN(@ I('00V, brA Contact "(i tLVVYlor1 2) Facility ToWin rf J!Wi+V ISIAAwI Phone#(112) 30$ - I�OZ Email: Contact Jim ei(1WCtSt1w 3) Facility CAL, of LAkcW(,Yft Phone#( 561 ) 58G- I�Ogj Email: Contact V�DUq � Page 12 of 16 116 2014014 Annual Bid Antiscalant The following must be attached to your bid: s/ Product data sheet and MSDS with CAS# V/ ANSI/NSF 60 certification V1 Statement from manufacturer that the product has a two (2) year shelf life Statement from manufacturer that the product can control calcium carbonate scale up to a+3.0 LSI ✓ Dosage projection ✓ Certificate from an independent lab that the product contains no phosphonate or phosphorus derivatives. ✓ Letter from Dow Filmtec stating the product will not harm the TFC elements. The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications, and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. Company Name: I he Company Address: ✓ Zip Code 333 1 City,State Telephone: V Z �l J Fax: E-mail: _ �Inrld� W Business Tax Receipt Number: L 12, bGbb FEIN Number: Authorized Signature: Date: M 3 3 _ Name: lir h U K" Title: DISC �AA'�01� (Type7/Printed) Page 13 of 16 117 C ONSEN] A(.;FNDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET ~` PURCHASING DIVISION DATE: October 23, 2013 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrator Jason E. Brown, Budget Director FROM: Jennifer Hyde, Purchasing Manage' SUBJECT: Approval of Bid Award for IRC Bid No. 2014010 Annual Bid for Utility Operations Warehouse Stock BACKGROUND: The Department of Utility Services requested the solicitation of annual bids for Sulfuric Acid for its Water Treatment Plants. BID RESUI:TS: Bid Opening Date: September 27, 2013 Advertising Date: September 6, 2013 DemandStar Broadcast to: 274 Suppliers Specifications Requested by: 21 Vendors Replies: 2 Vendors BID TABULATION: Total Bid Part 2 Total Part 1 Total Annual Bidder City/State (General Stock) (Annual Labor Bid Contract Materials Ferguson Ft. Pierce $689,623.23 $557,077.72 $1,246,700.95 Waterworks HD Supply Ft. Pierce $636,625.72 $414,042.73 $1,050,668.45 Waterworks Ltd. ANALYSIS: Actual expenditures for FY 12/13 are estimated at $466,519 and were $626,732 for FY 11/12. Tile bid was based on the extensive catalog of materials kept on hand at the Utilities Operations Warehouse to establish firm fixed pricing for each item. While the inventory and quantities requested for this bid are consistent with the previous bid, they represent an overall 44% increase in the lowest total annual bid price. The bulk of the price difference is in Part 2, annual labor contract materials. \`d ileser 2 N.hIicll chasing'dsids'.201;-2014 IA l=li 1.1000)'2014010 Annual Utilitics%k—h-se Supphte'Agenda-'_1114010 dix 118 CONSENT AGENDA Not all items are anticipated to be required or purchased, and the projected expenditure for stocking the warehouse for FY 13/14 is $700,000. SOURCE OF FUNDS: Expenditures will be paid from various account budgets in the operating fund. Operating funds are generated from water and sewer revenues. The two accounts primarily used for the warehouse bid items are: Account Number Account Description Budget Amount 47126836-044699 Wastewater Collection R& R $300,000 47126936-044699 Water Distribution R & R $390,000 RECOMMENDATION: Staff recommends awarding the bid as follows: • Award to both HD Tf ater►vorks, Ltd. and Ferguson Enterprises, Inc., as the lowest responsive and responsible bidders meeting the specifications as set forth in the Invitation to Bid. This dual award enables the Utilities Department to select the best price per item when possible, and affords a second source in the event one vendor cannot supply the required material. • Authorize the Purchasing Division to issue blanket purchase orders for the period of November 5, 2013 through September 30, 2014 to the recommended bidder and, • Authorize the Purchasing Manager to renew this bid for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. ATTACHMENTS: Recommendation of Award (Department) Bid Tabulation Bid Submittals (on file in BCC office) APPROVED AGENDA ITEM India i River Co roved Date Admin �.-i BY: Legal 1 oseph A. Baird, County Administrator Bud-et Department Risk Mana er Now ':'Pileserve2V'ublic�I,.rchasing`:Dids::01 3-2014 FY(2014WO)\_014010 Annual Lit iIiuea Warehouse Supplies`.Agenda 2014010 doc 119 INDIAN RIVER COUNTY, FLORIDA `"W DEPARTMENT OF UTILTIY SERVICES DATE: October 7, 2013 TO: Jennifer Hyde, Purchasing Manager FROM: Vincent Burke P.E., Director of Utility Services PREPARED BY: Terry Southard, Operations Manager -W SUBJECT: Approval of Bid Award for IRC Bid No. 2014010 Annual Bid for Utility Operations Warehouse Stock The Utilities Department has requested an Annual Bid to establish firm fixed pricing for Operations Warehouse Stock. This annual bid is for the period October 1, 2013 through September 30, 2014 with renewal options for three (3) additional one (1) year periods. BACKGROUND INFORMATION: The Bid results are as follows: Bid Opening Date: September 27, 2013 Bid Responses: Two (2)Vendors BID TABULATION: Bidder Total Part 1.- Total Part 2 (Annual Total Annual Bid (General Stock) labor Contract Material) HD Waterworks $636,625.72 $414,042.73 $1,050,668.45 Fort Pierce, FL Ferguson Waterworks $689,623.23 $557,077.72 $1,246,700.95 Fort Pierce, FL RECOMMENDATION: Staff recommends awarding this bid as a dual award as follows: ■ Award to HD Waterworks and Ferguson Waterworks as the two lowest and most responsive bidders meeting the specifications as set forth in the Invitation to Bid. 120 The dual award gives the Utilities Department an extra level of protection in the event one vendor cannot supply the required material. At the time of order, when exact items and quantity are known, the lowest cost and availability will be used to determine vendor. • Authorize the Purchasing Division to issue blanket purchase orders for the period of October 23, 2013 through September 30, 2014 with the recommended bidders. ■ Authorize the Purchasing Manager to renew this bid for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. Expenditure for FY 2011/2012 totaled 626,742.32 and FY 2012/2013 totaled $466,599.19. The projected expenditure for FY 2013/2014 is$700,000. 121 Bid No. 2014010 Indian River County Purchasing Division 1800 27th Street,Vero Beach,FL 32968 Witness: Diane Feshoh Bid Title: Annual Bid for Utility (772)226-1416 Operations Warehouse Stock Witness: Jennifer Hyde Bid Opening Date: 09/27/2013 BID TABULATION SHEET Time: 2:00 pm a v E Z L Total Bid Part 2 (Annual o H Total Part 1(General Bidders Name Location "- o H Stock) Labor Contract Total Annual Bid m CL Materials) a 0 U X W Ferguson Waterworks Ft. Pierce Y Y Y $689,623.23 $557,077.72 $1,246,700.95 HD Supply Waterworks Ltd. Ft. Pierce Y Y Y $636,625.72 $414,042.73 $1,050,668.45 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 COMMENTS: N N INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of Public Works Division of Facilities Management Date: October 25, 2013 To: Joseph A. Baird, County Administrator Through: Christopher R. Mora, P.E., Public Works Director From: Chris Burr, Facilities Manager/Project Manager GvV Subject: Change Order#5, Crime Scene Facility, Proctor Construction Company BACKGROUND: An agreement with Proctor Construction to construct the IRC Crime Scene Facility located at 3885 41st Street was approved by the Board on December 18, 2012. The original contract amount was for$1,299,317.00. Included within the contract amount is an owner contingency line item in the amount of$50,000. The contingency was established due to the uncertainty of renovating an existing structure and possible unforeseen conditions with existing underground facilities. Change Order#1 ($42,787.70) was approved at the April 23, 2013 meeting of the Board. Change Order#2 ($499,115) was approved at the June 18, 2013 meeting of the Board and added the Evidence Compound to the project. Change Order#3 ($73,013.73) was approved at the July 16, 2013 meeting of the Board. Change Order#4 ($5,909.38)was approved at the October 1, 2013 meeting of the Board. PCO Number CSI-026-Miscellaneous changes Item #1-This change is for re-laminating existing processing lab sink base and install in new facility. Add - $600.00 Item #2- Re-finish the processing lab sink and install. Add - $400.00 Item #3- Paint exterior beams and vent cover. Add - $462.35 Item#4- Sheriff Department CSI Building exterior signage. Add - $660.00 Item #5- Furnish and install wall caps for a pass thru counter. Add - $1,124.64 Item #6- Fabricate and install two burglar bar wall sleeves. Add - $1,892.00 Item #7-As-built drawings for landscaping changes that were made. Add - $700.00 Item #8- Misc. contractor overhead costs. Add- $1040.59 These items have been accepted by the project team and are brought forward as a single change order for Board approval. The consultants have reviewed all items and I have received their concurrence. CADocuments and Settingsklmarino\Local Settings\Temporary Internet 1 Files\Content.Outlook\BGUD33FE\Change Order#5 Proctor Crime Scene Project BCC 10-25-13(2).doc 123 Page Two Agenda Item for October 25, 2013 Change Order#5 Crime Scene Facility Proctor Construction Company FUNDING: For this project, $1,071,097 has been budgeted in Impact Fees and $1,575,803 in Optional Sales Tax. Funding for change order # 5 is budgeted and available from Optional Sales Tax/Facilities Mgmt/Crime Scene Unit Bldg Renovation (Acct# 31522019-066510-01004) which has a remaining balance of$283,724. RECOMMENDATION: Staff recommends that the Board approve Change Order # 5 to the Crime Scene Facility contract with Proctor Construction Company in the amount of$6,879.58, increasing the contract amount to $1,884,234.69, and authorize the Chairman to execute the document. Approved Agenda Item Indian River Co. Approved Date For: November 5, 2013 Administration 431 County Attorney P, -�- z, g Budget to Department Division C:\Documents and Settings\lmarino\Local Settings\Temporary Internet 2 Files\Content.Outlook\BGUD33FE\Change Order#5 Proctor Crime Scene Project BCC 10-25-13(2).doc 124 ® Procter General Contractors CGCO34069 www.proctorcc.com wr Thursday,October 24,2013 Mr,Lynn Williams Indian River County Board of County Commissioners 1801 27th Street Vero Beach,FL 32960 RE: Potential Change Order Number CSI-026 Indian River Crime Scene Investigation Facility-IRC-CSI01/2013 Dear Mr.Williams, Reference is made to Indian River County Board of County Commissioners request from Proctor Construction to provide pricing covered under PCO Number CSI-026,for the following extra Work:Misc.Changes. The following is a detailod itemization of all extra costs. Item Number Description Projpostd Amount Company 001 Relaminate Existing Processing Lab Sink $600.00 BRAKIT Base and install in New Facility 002 Paint Exterior Beams and Vent Cover $462.35 PAYNE 003 Shetiff Department Signage $660.00 SIGNS IN A DAY VIgw 004 Fabricate and install burglar bars $1,892.00 DYNAMIC 005 Furnish and install Wall Caps $1,124.64 SOLID 006 As-built Drawing-Landscaping Kimley $700.00 KIMLEY HORNE Hum 007 Ro-finish the Promsing Lab Sink $400.00 Leve] 1 10.00%Overhead Markup $583.90 Lcvc12 5.00%Profit Markup $321.14 Level 3 1.00%Insurance Markup $67.44 Level 4 LW1.6 Bond Markup $68.11 2050 US Highway 11 Suite 200 Vero Beach,FL.32960 w Phone 772.234.8164 1 Fax 772.234.8188 125 Emu proctor l VI WYw� www.procton Total Amount $6,879.58 Days Requested 0 This but is not lirnitod to,the following qualifications and/or clarifications: Change Order Request includes 1. Work specifically outlined within the summary as further described herein. 2. No additional building pen-nit costs have been included for these changes to the contract.Proctor Construction sha responsible for proceeding with changes prior to the building department review if applicable. 3. This proposal is figured on performing said work during normal working hours. If you have any questions regarding this Change Order Request,please call me at your earliest convenience, Respectfully, Nick Bischoff Project Manager Cc:PCO#CSI-026 File,Fax/Indian River County Board of County Commissioners 772.778.9391 Mike Sturgis Please sign below signifying approval to proceed with the above stated scope of work. �,.. Architect Date Owner Date APPROVED AS TO FOrR:1 AND L G L SLIFFI�IF WILL!AM K DEPUTY CODN i Y ATT(kio� 2050 US Highway I I Suite 200 1 Vero Beach,FL.32960 Phone 772.234.8164(Fax 772.234.8188 126 Consent Item Agenda 61 INDIAN RIVER COUNTY, FLORIDA #. DEPARTMENT OF UTILITY SERVICES _.'`►inti►�.�,::. Date: October 24, 2013 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services® Prepared By: Arjuna Weragoda, P.E., Capital Projects Manaer er Terry Southard, Utility Operations Manag Subject: Change Order No.1 for the IRC Utility Services Roof Replacement Bid No: 2013040 DESCRIPTIONS AND CONDITIONS: The Indian River County Board of County Commissioners (BCC) awarded the contract for the Water Plants Roof Replacement Project to Gulf States Industries, Inc., at a cost of $249,500.00 on June 18, 2013. Notice to proceed was issued on August 26, 2013 to Gulf States Industries, Inc. to start the work at the North and South Water Treatment Plants. During construction the Contractor was requested to evaluate the Lightning Protection system at the South RO plant. Also the plant operators evaluated removing seven (7) existing roof top openings at the North RO plant and one (1) opening at the South RO plant. The existing openings functioned as sky lights, exhaust fans and other aeration sources. The lightning protection system at South RO plant was found to be non-operating. The existing openings are currently not utilized for their intended use. Therefore,the curbs around these openings block the positive drainage from entering the roof drains which in the future will develop in to maintenance issues and degrade the new roof. IRCDUS requested a proposal from the current contractor, Gulf States Industries, Inc., to perform the work. They submitted a proposal to our consultant MBV Engineering, Inc.,on October 24, 2013. ANALYSIS: Gulf States Industries, Inc., submitted a proposal to replace the lightning protection system and abandon a total of eight (8) openings for a lump sum amount of $ 17,150.00 which is detailed as follows: South RO: Replace lightning protection system $ 8,000.00 UL Master Label $ 1,500.00 Curb 8 $ 1,000.00 Total $ 10,500.00 North RO: Curbs 1 through 7 $ 7,000.00 Revise curb detail for drip edge 200.00 Total $6,800.00 South Regional WTP: V.. Revise gutter ($ 150.00) lof 2 127 Staff and our consultant have evaluated the proposal and believe that the scope and fee are reasonable. The Change Order No.1 will add $17,150.00 to the current contract amount of $249,500.00 for a total of$266,650.00. The original engineers estimate was $ 309,000.00. FUNDING: Funding for the Utility Services Roof Replacement Project in the amount of$ 17,150.00 is budgeted and available as follows: ACCOUNT NO.: Description Account Number Amount NCRO/SCRO Roof Replacement(South RO) 47123536-044699- $10,500.00 13508 NCRO/SCRO Roof Replacement (North RO) 47123536-044699- $6,800.00 13508 South County Wastewater 47123536-044699- 13509 ($ 150.00) RECOMMENDATION: Staff requests the Board to authorize the Chairman to execute the attached Change Order No. 1 on their behalf for a sum amount of $ 17,150.00 to Gulf States Industries, Inc., increasing the total contract amount to$ 266,650.00. ATTACHMENT(s): .. 1. Change Order No. 1 2. Proposals from Gulf States Industries, Inc., APPROVED FOR AGENDA: By: Indian River Co. Ap oved Date Josep A. Baird, County Administrator Administration jp Legal 3a '3 FO : � l�r�n iYJ a�el,3 Budget 10 3p Date utilities LIDN�Utilities-Finance `ow F:\Utilities\00_UTILITY-AGENDA TEMPLATE&GUIDELINES\2013 Agenda Items\Agenda-Change Order No 1 to Gulfstream.doc 2of 2 128 SECTION 00942 -Change Order Form No. 01 DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR Gulf States Industries, Inc. Project: IRC Utility Services Roof Replacement Project No. UCP N/A Bid No. 2013040 You are directed to make the following changes in the Contract Documents: Description: Eliminate abandoned rooftop curbs at South County WTP and Hobart WTP per attached location plans. Add lightning protection system to replace existing system at South County WTP. Revise curb detail for drip edge at Hobart for credit. Revise gutter at South Regional WTP for credit. Reason for Change Order: Covering abandoned curbs will result in better product and lower maintenance costs. Lightning protection system was not functioning at time of roof install. Curb is not possible with additional insulation. Gutter was previously oversized for roof. Attachments: (List documents supporting change) Abandoned Curb Fill In, Roof Plan Location, Lightning Protection Modification, Hobart Metal, Gutter CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES Description Amount Description Time ' Original Contract Price $249.500 Original Contract Time: (days or dates) Substantial Completion: Final Completion: Net Increase(Decrease)from $ Net change from previous Change previous Change Orders Orders No. to (days) No.-to_ Substantial Completion: Final Completion: Contract Price prior to this $249.500 Contract Time prior to this Change Change Order: Order: (days or dates) Substantial Completion: Final Completion: Net increase(decrease)of this $17,150 Net increase(decrease)this Change Order: Change Order: (days or dates) Substantial Completion: Final Com letion: Contract Price with all approved $266.650 Contract Time with all approved Change Orders: Change Orders: (days or dates) Substantial Completion: Final Completion: ACCEPTED: RECOMMENDED: APPRO ED: Rodolfo V,illm"zar, P.E. j By: By: I ! By: CONTRACTOR(Signature) ENGINEER(Signa(Lire) OWNER( ig a ure) Date: Date:10/30/2013 Date: 10 0 00942-Change Order Form 00942- 1 R\13113-1551RF Is and Constnrahon100942 Change Order ForM OOC Rev 05101 129 Gulf States Industries, Inc. Mailing Address: Physical Address: PO Box 3756 7222 Washington St. Holiday, FL 34692 New Port Richey, FL 34652 Tei:727 849 8376 Fax: 727 849 8378 October 22, 2013 www.gulfstatesroofing.com Indian River County BOCC 1801 27`h Ave Vero Beach,FL 32960 Re: South County WTP—Lightning Protection—Revised Quote Due to the unforeseeable work conditions upon removing the existing system, the following is our cost that is essential for satisfactory installation of the LP system. Scope of Work: Enhanced Requirements for Lightning Protection (LP) System • The existing Lightning Protection System is deteriorated beyond expected life due to chemical use at WTP and is not able to be removed for re-use. The system is also not complete as rods are not installed on the large fans or on the open roof deck area per UL 96A. Copper should never be used in a WTP and on the existing galvanized sheet metal due to galvanic corrosion as evident on this structure. • Supply all labor, materials and expenses to remove and install new Class I aluminum Lightning Protection System per UL 96A. • Install new LP system in a manner that will not interact with the new specified sheet metal coping system • This Proposal includes a Contractor Certification for the new system. A UL Master Label is indicated below as an option. Price ................................................................$8,000.00 Optional UL Master Label....................................$ 1,500.00 ADD RESPECTFULLY SUBMITTED, LUCAS DUFFANY,PROJECT ESTIMATOR w.- 130 Gulf States Industries, Inc. Mailing Address: Physical Address: PO Box 3756 7222 Washington St. Holiday, FL 34692 New Port Richey, FL 34652 Tel:727 849 8376 Fax: 727 849 8378 www.gulfstatesroofing.com October 24, 2013 Indian River County BOCC 180127 th Ave Vero Beach,FL 32960 Re: Hobart & South County WTP—Infill Abandoned Curbs—Revised Due to existing roof details and conditions, we feel after plan and review, the following is our recommendation for the abandoned curbs that are located at roof level and obstructing the positive flow of water throughout the newly installed cricket system..The existing abandoned curbs are in direct line of drainage in the newly installed tapered system. Removing these curbs would not only prevent roof maintenance items in the future but would also enhance the new roof system by allowing better transition of water flow through the cricket area and into the drains. Scone of Work: removal and in fill of existing abandoned curbs • Remove existing abandon curbs completely • Supply and install new angle iron around opening of removed abandoned curb • Supply and install new 22 ga. B decking anchored to angle iron • Supply and Install new tapered insulation system to match new roof tapered insulation system • Supply and Install new secure rock recovery board. • Supply and install new heat weld smooth modified membrane • Supply and install new heat weld granulated cap sheet membrane • This enhancement will be included in the manufactures 20 year warranty Curb 1 -Hobart Labor...............................................................$ 400.00 Material.............................................................$ 600.00 Curb 2 -Hobart Labor...............................................................$ 500.00 Material.............................................................$ 500.00 Curb 3-Hobart Labor...............................................................$ 500.00 Material.............................................................$ 500.00 131 Curb 4- Hobart Labor...............................................................$ 500.00 Material.............................................................$ 500.00 Curb 5 - Hobart Labor...............................................................$ SN.00 Material.............................................................$ 600.00 Curb 6- Hobart Labor...............................................................$ 400.00 Material.............................................................$ 600.00 Curb 7 - Hobart Labor...............................................................$ 400.00 Material.............................................................$ 600.00 Curb 8—South Countv I.abor...............................................................$ 300.00 Material.............................................................$ 700.00 Total Cost.........................................................$5,000.00 In an effort to meet a more agreeable price, in addition to the credit applied for material reduced. we have reduced our labor cost by $2,600.00 to achieve an average of$1.000.00 per curb. We realize the importance of eliminating these obsolete penetrations, providing a better flow of water and reducing future costly maintenance issues. RESPECrFUI.I.Y SUBMI-ITED. LUCAS DUFFANY.PROJECT ESTIMATOR w 132 Gulf States Industries, Inc. Mailing Address: Physical Address: PO Box 3756 7222 Washington St. Holiday, FL 34692 New Port Richey, FL 34652 Tel: 727 849 8376 Fax:727 849 8378 www.gulfstatesroofing.com October 18, 2013 Indian River County BOCC 180127 1h Ave Vero Beach,FL 32960 Re: Hobart WTP—North Edge Metal Detail Due to existing roof details and conditions, we feel after plan and review, the following is our recommendation for the revised edge metal detail. The existing insulation comes nearly to the top edge of the parapet. We propose to fabricate a drip edge detail and run the roof membrane to the outer edge Scone of Work: Fabricate and install new stainless drip edge metal at North Side • In lieu of the specified coping detail, fabricate and install new drip edge with continuous cleat for attachment per detail MB 1 Flat Roof Edge • Credit the deduction of sheet metal Labor...............................................................$No Change Material DEDUCT: stainless steel............................ 200.00 Price DEDUCT ...................................................$ (200.00) RESPECTFULLY SUBMITTED, LUCAS DUFFANY,PROJECT ESTIMATOR 133 IWWIW Gulf States Industries, Inc. Mailing Address: Physical Address: PO Box 3756 7222 Washington St. Holiday, FL 34692 New Port Richey, FL 34652 Tel:727 849 8376 Fax: 727 849 8378 www.guIfstatesroofing.com October 16, 2013 Indian River County BOCC 1801 27u'Ave Vero Beach,FL 32960 Re: South Regional WTP—Stainless Steel Gutter System Due to existing roof details and conditions, we feel after plan and review, the following is our recommendation for the revised gutter system. We feel that the specified gutter is too large for the existing edge of this small building. We also propose to fabricate the gutter system from stainless steel,similar to the sheet metal specified for the other portions of the project. Scone of Work: Fabricate and install new 6"Stainless Steel Gutter System • Fabricate and install new 24 ga Stainless Steel • Fabricate and install new hangers and brackets, accessories as specified Labor...............................................................$ No Change Material ADD: steel...............................................$ 750.00 Material DEDUCT: aluminum...............................$ (900.00) Price DEDUCT ...................................................$ (150.00) RESPECTFULLY SUBMITTED, LUCAS DUFFANY,PROJECT ESTIMATOR 134 I I -- I X- cl _ sDemo Curbs �w�. Wa Proposed Dri Ed a in lieu of Cop&at Nerth-Ede s ROOF PLAN . xa-nrorr.♦om WI LEGEND - ul z M811AUA 11-I �C2'�j i� °�-" 'm•�" _ a z w ...�. ..,.www.�.. w,.d.. . a � - - _-__ � � z�vmrn� I ♦ ..arcmrT.n LL ROOF PRESSURE DIAGRAM ^^� """� pO '�.^�.. --i s-,rt.T.r-a _. , ♦ r�.es�moManc.t�.n,vywwwwnrwerrr � X ..�...�.,.., .,^�. _ _— 'e'-.. .,� s.K x: ....c r, � ,. � www'°�,.+.s....e..m...a.o�...W♦e.ww.e.�>,.�� � F O ---ic: '— m�.�nro r,a wev �.r .b Mn..+�rwr....wo,w�.eu�.om♦♦oM 2 ,,,,>aslo -• PARAPET CAP °°.'""'n'.""'a"'°"""^'..•s..•e.c+..+..+ BID SET °°2 w w a� w 'O — d JDemo Cur�_ _ -_ N@w Llghtning-Prolection RegOireC wn^^ Q Z4--, xxo^ c€ oaten .swwar�w ia...r rw�=+urr.w..00.ti�.:�r.or.�w O ! . 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X•h BID SET S2 w 00 Staines reel butte ,r�'"°••^°� � � !a r S U I L D I N G A ROOF PLAN BUILDING B N"+`V, SMALL STORAGE ROOM „�,�,,,�_,,,,,,o„��•�,.......s�..,,� > 1. I ._... ___ _. --___-_—_ i wcta�yvlfMnet♦Mc+[6sma+us•uwra4ER.b¢ LEGEND ...e.. ames..,,,,..o�• �,..�r.rms.^. a)Z�j. -�'--� -.�„ air ac..u, �.n�r.-n sar: a�iw wi •^OOP'ia.a�w sae.a a.s ro El s n r .� ev+rwswec..aavw..+ewc nxs.n v.em.Mswr rWQ8 oa.c ROOF PRESSURE DIAGRAM w rx F b LU wQ D?T y �W ?d co 3 Si BID SET 12 w 140 MB IMN 1 FLAT EDGE FLASIHMG 10AIL MB ISAUR 15-VENT STACK FLASHING OETAIL �i:ri I 1 "M WALLXURB FLASHING SPEC PLATE 2x , mow_' ' Two(2)Pty BASE FLASHING NON-COMB "'T"'ll SUBSTRATE It > 0 T lc >zu tj z ui In < w E) cl: oui "I Fl IT——L GUTTER DETAIL BID SET S2 14 O INDIAN RIVER COUNTY, FLORIDA CONSENT MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Joseph A. Baird, County Administrator THROUGH: John King, Director Department of Emer e y ervices nn FROM: Dale Justice, Emergency Management Coordinator &-27 Department of Emergency Services DATE: October 29, 2013 SUBJECT: Acceptance and Approval of Expenditures of Emergency Management Federally- Funded Subgrant Agreement and Expenditure Approval 14-FG-XX-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 intent of the EMPG Base Grant Agreement is to provide each county with the means to successfully maintain and operate an Emergency Management Program. Counties must be able to prepare for, respond to, recover from, and mitigate against natural and man-made disasters/ emergencies. EMPG Base Grant funding is intended to enhance county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes). The Scope of Work recognizes that each recipient is at a varying level of preparedness, and it is understood that each county has a unique geography, faces unique threats and hazards, and serves a unique population. The State of Florida, Division of Emergency Management provides funding to Indian River County Emergency Management. The total funding allocated with this agreement (14-FG-XX-10-40-01-098) is $74,416.00. EMPG allowable costs are divided into the following categories as referenced in the 2010-2016 Emergency Management Strategic Plan: organizational, planning, training, exercise & equipment. FUNDING: This is a 100% funded agreement and no match is required by Indian River County. The term of the agreement is from July 1, 2013 through June 30, 2014. The state recognizes line-item changes may occur after execution of the contract (i.e. due to cost savings or reprioritization by 141 the FDEM), with their written approval. For these reasons, staff requests authorization to make these adjustments rather than return the funding for reallocation to other counties. RECOMMENDATION: Staff recommends approval of the Federally Funded Subgrant Agreement (14-FG-XX-10-40-01- 098), associated expenditures and authorization of the Chairman to execute this agreement between Indian River County Emergency Management and the State of Florida, Division of Emergency Management. Item Amount Account Number Software Services 23,604.00 00120825-035120-05050 Public Outreach and Disaster Preparedness 7,250.00 00120825-034720-05050 Phase I EOC Enhancements 7,941.00 00120825-066470-05050 Phase I EOC Enhancements 35,621.00 1 00120825-035290-05050 TOTAL 74,416.00 ATTACHMENTS: 1. Four(4) Original Copies of EMPG Agreement 414-FG-XX-10-40-01-098 2. Indian River County Office of Budget and Management Grant Form APPROVED FOR AGENDA Indian River Co. Approved Dais FOR: November 5, 2013 Legal �� 1 Budget Dept. BY:?Jose i° 2 Risk Mgr. b A. BairdGeneral Svcs. nty Administrator 142 GRANT NAME: EMPG Grant GRANT# 14-FG-XX-10-40-01-098 AMOUNT OF GRANT:$ 74.416.00 DEPARTMENT RECEIVING GRANT: Emergency Services CONTACT PERSON: John King PHONE NUMBER: 772-567-8000 ext.3859 I. How long is the grant for? I year Starting Date: July 1,2013 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 utilizingthe grant funds? Yes X No If yes,please list. (yIf additional space is neededplease attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries N/A N/A N/A N/A N/A 011.13 Other Salaries&Wages(PT) N/A N/A N/A N/A N/A 012.11 Social Security N/A N/A N/A N/A N/A 012.12 Retirement-Contributions N/A N/A N/A N/A N/A 012.13 Insurance-Life&Health N/A N/A N/A N/A N/A 012.14 Worker=s Compensation N/A N/A N/A N/A N/A 012.17 S/Sec.Medicare Matching N/A N/A N/A N/A N/A TOTAL N/A N/A N/A N/A N/A 9. What is the total cost of each position including benefits,capital,start-up,auto expense,travel and operating? Salary and Benefits Operating Costs Capital Total Costs N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 10. What is the estimated cost of the grant to the county over five years?$ N/A Grant Other Match Costs Amount Not overed 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 Signature of Preparers / Date: October 29,2013 143 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Joseph A. Baird, County Administrator THROUGH: John King, Director / Department of Emerg4; rvices FROM: Dale Justice, Emergency Management Coordinator 09-- DATE: October 30, 2013 SUBJECT: Acceptance and Approval of Expenditures for Emergency Management State- Funded Subgrant Agreement 14-BG-XX-10-40-01-031 It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: �... Each year, the Florida Division of Emergency Management, through the executive office of the Governor, administers the Emergency Management Preparedness Assistance Grant (EMPA) Subgrant in support of each Florida county following authorization under Chapter 252.97, Florida Statutes and State Rule Chapter 9G-6, Florida Administrative Code. The funding for the EMPA is used to enhance and improve emergency management mitigation, planning, response and recovery directly affecting the lives and property of Indian River County residents and visitors. In accordance with the Emergency Management 2010-2016 strategic plan (page 9), the items listed below will enhance the ability of Emergency Management to adequately respond to and recover from disaster events and conduct the annual hazardous materials analysis required within the EMPA scope of work and the County Comprehensive Emergency Management Plan as approved. FUNDING: This is a dollar for dollar state funded matching subgrant with Florida Division of Emergency Management. The term of the agreement is from July 1, 2013 through June 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. The 2013/2014 EMPA is in the amount of $105,806 of which $80,820 has been previously allocated for salary and benefits leaving a balance of$24,986 for expenditures. The County is 144 permitted to use a broad range of matching funds for which the Emergency Management budget is used as the matching for this grant. No additional funding is required. Item Amount Account Number Phase I replacement - EOC monitoring & equipment upgrades 9,986.00 00123825-035290 Emergency Management Accreditation 15,000 00123825-033190 Total $24,986 RECOMMENDATION: Staff recommends the acceptance of State Funded Subgrant Agreement 14-BG-XX-10-40-01- 031 and approval of the expenditures. APPROVED FOR AGENDA Indian River Co. Ap vad Date iO3� �3 FOR: November 5, 2013 Legal Budget �/J/�I Dept. B I`, "' L Risk Mgr. Jos h A. Baird County Administrator General Svcs. 145 GRANT NAME: EMPA Grant GRANT# 14-BG-XX-10-40-01-031 AMOUNT OF GRANT:$ 105 806.00 DEPARTMENT RECEIVING GRANT: Emergency Services `..� CONTACT PERSON: John King PHONE NUMBER: 772-567-8000 ext.3859 1. How long is the grant for? 1 year Starting Date: July 1,2013 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 $ N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizinthe grant funds? Yes X No If yes,please list. (If additional space is needed.please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries N/A N/A N/A N/A N/A 011.13 Other Salaries&Wages(PT) N/A N/A N/A N/A N/A 012.11 Social Security N/A N/A N/A N/A N/A 012.12 Retirement-Contributions N/A N/A N/A N/A N/A 012.13 Insurance-Life&Health N/A N/A N/A N/A NIA 012.14 Worker=s Compensation N/A N/A N/A N/A N/A 012.17 S/Sec.Medicare Matching N/A N/A NIA 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 overed 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 Signature of Preparer: ��^^^ Date: October 29.2013 146 8.S Contract Number: 14-FG- -10-40-01-098 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 Program Budget and Scope of Work, Attachment A and B of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES The Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including those identified in Attachment F. (3) PERIOD OF AGREEMENT This Agreement shall begin on July 1, 2013 and shall end June 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 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 1�L.1 a form sufficient to determine compliance with the requirements and objectives of the Program Budget and Scope of Work-Attachment A and B-and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its employees, and agents. "Reasonable"shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents"shall include, but not be limited to, auditors retained by the Division. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at reasonable times for inspection, review, or audit by state personnel and other personnel authorized by the Division. "Reasonable"shall ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall provide the Division with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends$500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in 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 o:The Division at the following address: Division of Emergency Management Office of Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.htmI And to any other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall send a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Division at the following address: Division of Emergency Management Office of Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 /`/[ '2 (g) By the date due, send any reports, management letter, or other information required to be submitted to the Division pursuant to this Agreement in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipients should state the date that the reporting package was delivered to the Recipient when submitting financial reporting packages to the Division for audits done in accordance with OMB Circular A- 133 or Chapters 10.550(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, (i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Recipient of such non-compliance. 0) The Recipient shall have all audits completed by an independent certified public accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Recipient's fiscal year. (7) REPORTS (a) The Recipient shall provide the Division with quarterly financial 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 financial reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are September 30, December 31 March 31 and June 30. (c) The close-out report is due 45 days after termination of this Agreement or 45 days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in Paragraphs (10), (11) and (12) of this Agreement, and Rule 27P-19.014, Florida Administrative Code. "Acceptable to the Division" means that the work product was completed in accordance with the Program Budget and Scope of Work. (e) The Recipient shall provide additional program updates or information that may be required by the Division. (f) The Recipient shall provide additional reports and information identified in Attachment E. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment B to this Agreement, and reported in the quarterly financial 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 IV6. 3 this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. (b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT. If any of the following events occur("Events of Default"), all obligations on the part of the Division to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete on time any of its obligations under this Agreement. (11) REMEDIES. 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 /`/�• 4 on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined. (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at the address below, and this notification attached to the original of this Agreement. (b) The name and address of the Division contract manager for this Agreement is: Teresa Warner Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: 850-922-1637 Fax: 850-488-7842 Email: teresa.warnerCcDem.myflorida.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: John King IRC Dept. of Emerg. Srvcs. 4225 43ra Ave. Vero Beach, FL 32967 Telephone: 772-567-2154 Fax: 772-567-9323 Email: iking(D_ircgov.corn (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as outlined in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The Recipient agrees to include in the subcontract that(i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall document in the quarterly financial 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. /y6- 5 (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A—Program Budget Attachment B—Scope of Work Attachment C—Budget Narrative Attachment D—Deliverables Attachment E—Reports Attachment F—Program Statutes, Regulations and Special Conditions Attachment G—Justification of Advance Payment Attachment H—Warranties and Representations Attachment I—Certification Regarding Debarment Attachment J—Statement of Assurances Attachment K—Reporting Forms (17) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $74,374, subject to the availability of funds. (b) Any advance payment under this Agreement is subject to Section 216.181(16), Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. All advances are required to be held in an interest-bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment G. Attachment G 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 Program Budget and Scope of Work, Attachment A and B of this Agreement. (d) Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. Invoices shall be accompanied by a statement signed and dated by an authorized representative of the Recipient certifying that"all disbursements made in accordance with conditions of the Division agreement and payment is due and has not been previously requested for these amounts." The supporting documentation must comply with the documentation requirements of applicable OMB Circular Cost Principles. The final invoice shall be submitted within thirty(30) 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 financial 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. Changes to the amount of funding pursuant to Paragraph (17)(a) above may be accomplished by notice from the Division to the Recipient. The Division may make an award of additional funds by subsequent modification. All funds received hereunder shall be placed in an interest-bearing account with a separate account code identifier for tracking all deposits, expenditures and interest earned. Funds disbursed to the Recipient by the Division that are not expended in implementing this program shall be returned to the Division, along with any 1yG- 6 All funds received hereunder shall be placed in an interest-bearing account with a separate account code identifier for tracking all deposits, expenditures and interest earned. Funds disbursed to the Recipient by the Division that are not expended in implementing this program shall be returned to the Division, along with any interest earned on all funds received under this Agreement, within ninety (90) days of the expiration of the award Agreement. The Recipient shall comply with all applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Whenever required by law or otherwise permitted, the Recipient shall utilize competitive procurement practices. Any requests received after July 31, 2014, at the discretion of the Division, may not be reimbursed from this Agreement. This agreement may be renewed, at the Division's sole discretion, for a period that may not exceed three years or the term of the original Agreement, whichever period is longer, specifying the renewed price and subject to the availability of funds. Pursuant to Section 287.057(13), Florida Statutes, exceptional purchase contracts pursuant to Section 287.057(3)(a) and (c), may not be renewed. At a minimum,the Recipient shall continue to provide other funding for the Recipient's Emergency Management Agency at an amount equal to either: (1)the average of the previous three years' level of county general revenue funding of the Recipient's Emergency Management Agency; or(2)the level of funding for the Recipient's Emergency Management Agency for the last fiscal year,whichever figure is lower(Rule 2713-19.011, Florida Administrative Code). Recipient's general revenue funding for 911 services, emergency medical services, law enforcement, criminal justice, public works or other services outside the local emergency management agency as defined by Section 252.38, Florida Statutes, shall not be included in determining the "level of county funding of the Recipient's Emergency Management Agency." The Recipient shall certify compliance with Rule Chapter 2713-19, Florida Administrative by its execution of this Agreement, and as a condition precedent to receipt of funding. All payments relating to the Agreement shall be mailed to the following address: Attn: Finance Dept. Indian River County 180127 Street Vero Beach, FL 32960 (18) REPAYMENTS All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for collection, Recipient shall pay the Division a service fee of$15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (19) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials is incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and P/6 . 7 disability in employment, public accommodations, transportation, State and local government services, and telecommunications. (f) Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(federal, state or local)transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity(federal, state or local)with commission of any offenses enumerated in paragraph 19(g)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local)terminated for cause or default. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. In addition,the Recipient shall send to the Division (by email or by facsimile transmission)the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment 1)for each intended subcontractor which Recipient plans to fund under this Agreement. The form must be received by the Division before the Recipient enters into a contract with any subcontractor. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. Q)Any bills for travel expenses shall be submitted in accordance with Section 112.061(14)(a), Fla. Stat. The provisions of any special or local law, present or future, shall prevail over any conflicting provisions in this section, but only to the extent of the conflict. (k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement. (1) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. (m) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. (n) The Recipient is subject to Florida's Government in the Sunshine Law(Section 286.011, Fla. Stat.)with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. /yG• 8 (o) All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (20) LOBBYING PROHIBITION (a) No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." 3. The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (21) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (22) LEGAL AUTHORIZATION. The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. / y�• 9 Ll (23) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment J. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RECIPIENT: INDIAN RIVER COUNTY By: Name and Date: FID# STATE OF FLORIDA DIVISION OF EMERGENCY MANGEMENT By.- Name y:Name and Title: Bryan Koon, Director Date: Attest: Jeffrey R. Smith, Clerk of A13PR9VED Court and Comptroller By: Deputy Clerk CoiTAdstratar APPRC)VFD AS ANI[) ?._ NC ' /G/G 10 Attachment A Program Budget • Funding from the Emergency Management Performance Grant is intended for use by the Recipient to perform the following eligible activities as identified in the United States Department of Homeland Security, Federal Emergency Management Agency, Fiscal Year 2013 Emergency Management Performance Grants Program and programs that are consistent with Title 44, Code of Regulations (CFR) Part 13, State Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes). • Below is a general budget which outlines eligible categories and their allocation under this award. 0MW71MWMM - Organizational Expenditures FY 2013— Emergency Planning Expenditures Management Performance COUNTY Grants Program Training Expenditures Exercise Expenditures Equipment Expenditures 74,416.00 Management and Administration Expenditures 5% WM /yd 12 Attachment B Scope of Work Funding is provided to perform eligible activities as identified in the Emergency Management Performance Grants (EMPG) Program Funding Opportunity Announcement (FOA). Eligible activities are outlined in Attachment C Eligible Expenses. The intent of the EMPG Base Grant Agreement is to provide each county with the means to successfully manage and operate an Emergency Management Program. Counties must be able to prepare for, respond to, recover from, and mitigate against natural and man-made disasters/emergencies. EMPG Base Grant funding is intended to enhance county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes). This Scope of Work recognizes that each recipient is at a varying level of preparedness, and it is understood that each county has a unique geography, faces unique threats and hazards, and serves a unique population. The objective of this funding is to assist in providing operating support for the areas outlined in Attachment C to maintain a county emergency management program. The objective is to help fund the county Emergency Management programs and maintain a 24-7(this includes on-call coverage)daily response to county emergencies. The minimum acceptable standard for payment is a twelve month 24-7 operation. Emergency Management operation below the minimum standard will result in a prorated reduction in payment. In addition,the County is to achieve the following emergency management goals throughout the contract period to ensure county compliance and coordination with the state emergency management. Items listed in Attachment D 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. Any two goals in the series of 1 to 3 not completed will cause a 5% reduction in the last quarter payment. Documentation supporting the completion of the goals outlined below should be submitted on the Quarterly Financial report. By signing this Agreement the Recipient certifies that it will use the award to enhance its Emergency Management Program. Monitoring: Monitoring may be accomplished through either a desk-based review or on-site monitoring visits, or both. Monitoring will involve the review and analysis of the financial, programmatic, performance, compliance and administrative processes, policies, activities, and other attributes of each county and will identify areas where technical assistance, corrective actions and other support may be needed. Desk monitoring is the review of projects, financial activity and technical assistance between the Division and the applicant via e-mail and telephone. On-Site Monitoring are actual visits to the recipient agencies by a Division representative who examines records, procedures and equipment. Each year the Division will conduct on-site visits for up to 25% of the 2013-2014 county agreements (2013 EMPG). The Division may request additional monitoring/information if the activity, or lack thereof, generates questions from the region, the sponsoring agency or Division leadership. The method of gathering this information will be determined on a case-by-case basis. /y� • 13 Development or enhancement of mutual aid agreements/compacts, including required membership in EMAC Resource management planning • Developing/enhancing logistics and resource management plans • Developing/enhancing volunteer and/or donations management plans • Acquisition of critical emergency supplies defined as: shelf stable food products, Water, and/or basic medical supplies. Acquisition of critical emergency supplies requires each State to have FEMA's approval of a viable inventory management plan; an effective distribution strategy; sustainment costs for such an effort; and logistics expertise to avoid situations where funds are wasted because supplies are rendered ineffective due to lack of planning. • Supply preparation Evacuation planning • Developing/enhancing evacuation plans, including plans for: alerts/warning, crisis communications, pre- positioning of equipment for areas potentially impacted by mass evacuations sheltering, and re-entry. Pre-disaster and post-disaster Recovery planning • Pre-event response/recovery/mitigation plans in coordination with State, local, and tribal governments • Developing/enhancing other response and recovery plans • Develop recovery plans and preparedness programs consistent with the principles and guidance in the NDRF that will provide the foundation for recovery programs and whole-community partnerships. Preparedness and pre-disaster planning was given special attention within the NDRF with specific guidance: Planning for a Successful Disaster Recovery(pages 63-70). For more information on the NDRF see http:I www.fema.gov/pdf/recoveryframeworWndrf.pdf. F/ERO Credentialing and Validation: • Working group meetings and conferences relating to emergency responder Credentialing and validation • Compiling data to enter into an emergency responder repository • Coordinating with other State, local, territorial, and tribal partners to ensure interoperability among existing and planned credentialing and validation systems and equipment • Planning to incorporate emergency responder identity and credential validation into training and exercises. Continuity of Operations/Continuity of Government Planning (COOP/COG) Grant Funding Opportunity COOP/COG planning is the fundamental responsibility of every government agency that performs an essential function at the State and local level. In order to conduct necessary emergency operations, recovery actions, and other key essential functions during a large-scale or catastrophic event, the agency must have effective Continuity plans in place to support continued operations. Continuity efforts also provide the foundational basis for COG programs, such as succession planning, which are designed to ensure the survival of not only leadership at the State and local level, but also an enduring constitutional government. State and local plans to address COOP/COG issues should be consistent with the Nations Continuity Policy described in Homeland Security Presidential Directive 20 (HSPD-20); the National Continuity Policy Implementation Plan (NCPIP); and Continuity Guidance Circular's 1 (CGC 1) and 2 (CGC 2), which provides guidance for State, local, territorial, and tribal governments, and private sector organizations in developing robust Continuity plans and programs in support of a comprehensive and integrated national continuity capability. Continuity issues to address include, but are not limited to: • Determine essential functions and activities, interdependencies, and resources needed to perform them • Establish orders of succession and delegations of authority to key agency positions and establish and maintain current roster(s) of fully equipped and trained COOP personnel with the authority to perform essential functions • Provide for the identification and preparation of alternate operating facilities for relocated operations • Provide for the regular training, testing, and exercising of COOP personnel, systems, and facilities • Provide for reconstitution of agency capabilities, and transition from continuity operations to normal operations Cyd 15 C. Training FY 2013 EMPG Program funds may be used for a range of emergency management-related training activities to enhance the capabilities of local emergency management personnel through the establishment, support, conduct, and attendance of training. Training activities should align to a current, Multi-Year TEP developed through an annual TEPW. Training should foster the development of a community oriented approach to emergency management that emphasizes engagement at the community level, strengthens best practices, and provides a path toward building sustainable resilience. Each EMPG Program funded position is REQUIRED to complete the following training(s) during this contract period or show proof(certificate)that each training has been completed. These training requirements are also outlined in Attachment D,#2. • IS 100—Introduction to Incident Command System • IS 200— ICS for Single Resources and Initial Action Incidents • IS 700—National Incident Management Systems (NIMS) • IS 800—National Response Framework • Professional Development Series(PDS) • IS 120.a—An Introduction to Exercises • IS 230.c—Fundamentals of Emergency Management • IS 235.b—Emergency Planning • IS 240.a—Leadership and Influence • IS 241.a—Decision Making and Problem Solving • IS 242.a—Effective Communication • IS 244.b—Developing and Managing Volunteers EMPG Program funds used for training should support the nationwide implementation of NIMS. The NIMS Training Program establishes a national curriculum for NIMS and provides information on NIMS courses; grantees are encouraged to place emphasis on the core competencies as defined in the NIMS Training Program. The NIMS Training Program can be found at http.//www.fema.qov/pdf/emergency/nims/nims training program.pdf. The NIMS Guideline for Credentialing of Personnel provides guidance on the national credentialing standards. The NIMS Guidelines for Credentialing can be found at http://www.fema.govlodf/emergency/nims/nims cred quidelines report.pdf. To ensure the professional development of the emergency management workforce, the grantee must ensure a routine capabilities assessment is accomplished and a multi-year training plan is developed and implemented. Additional types of training include, but are not limited to, the following: • Developing/enhancing systems to monitor training programs • Conducting all hazards emergency management training • Attending Emergency Management Institute(EMI)training or delivering EMI train-the-trainer courses • Attending other FEMA-approved emergency management training • Mass evacuation training at local, State, and tribal levels Allowable training-related costs include the following: • Funds Used to Develop, Deliver, and Evaluate Training. Includes costs related to administering the training: planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment. Training should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Any training or training gaps, including those for children and individuals with disabilities or access and functional needs, should be identified in the AAR/IP and addressed in the training cycle. • 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 �y� •16 employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time(e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. • Travel. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to approved training. • Hiring of Full or Part-Time Staff or Contractors/Consultants. Full-or part-time staff may be hired to support direct training-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the State or unit(s)of local government and have the approval of the State or awarding agency, whichever is applicable. • Certification/Recertification of Instructors. Costs associated with the certification and re-certification of instructors are allowed. States are encouraged to follow the FEMA Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses which involve training of trainers. D. Exercises Exercises implemented with grant funds should evaluate performance of the capabilities required to achieve exercise objectives. Exercise activities should align to a current, Multi-Year TEP developed through an annual TEPW. Further guidance concerning the TEP and the TEPW can be found at https:Ilhseep.dhs.gov. Grantees are encouraged to develop exercises that test their EOP in accordance with the EMPG Program Priority requirements. All EMPG Program funded personnel are REQUIRED to participate in no less than three exercises in a 12 month period. One real world event can count towards meeting this requirement. (see Attachment D,#2) Allowable exercise-related costs include: • Funds Used to Design, Develop, Conduct and Evaluate an Exercise. This includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. Grantees are encouraged to use free public space/locations/facilities, whenever available, prior to the rental of space/locations/facilities. Exercises should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills.Any exercise or exercise gaps, including those for children and individuals with disabilities or access and functional needs, should be identified in the AAR/IP and addressed in the exercise cycle. • Hiring of Full or Part-Time Staff or Contractors/Consultants. Full-or part—time staff may be hired to support direct exercise activities. Payment of salaries and fringe benefits must be in accordance with the policies of the State or unit(s) of local government and have the approval of the State or the awarding agency, whichever is applicable. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of exercises. • Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of time spent on the design, development and conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the State or unit(s) of local government and has the approval of the State or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. • Travel.Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise activities • Supplies. Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise activities (e.g., gloves, non-sterile masks, and disposable protective equipment) • Implementation of HSEEP.This refers to costs related to developing and maintaining a self-sustaining State HSEEP which is modeled after the national HSEEP • Otherltems. These costs are limited to items consumed in direct support of exercise activities such as the rental of space/locations for planning and conducting an exercise, rental of equipment, and the procurement of other essential nondurable goods. Grantees are encouraged to use free public space/locations, whenever available, prior to the rental of space/locations. Costs associated with inclusive lye, 17 practices and the provision of reasonable accommodations and modifications that facilitate full access for children and adults with disabilities. Unauthorized exercise-related costs include: • Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). The only vehicle costs that are reimbursable are fuel/gasoline or mileage. • Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct (e.g., electronic messaging signs) • Durable and non-durable goods purchased for installation and/or use beyond the scope of exercise conduct E. Equipment Allowable equipment categories for the EMPG Program are listed on the web-based version of the Authorized Equipment List(AEL) on the Responder Knowledge Base(RKB), which is sponsored by FEMA at http://www.rkb.us. Unless otherwise stated, equipment must meet all mandatory regulatory and/or FEMA- adopted standards to be eligible for purchase using these funds. In addition, counties will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. The select allowable equipment includes equipment from the following AEL categories: • Information Technology(Category 4) • Cyber-Security Enhancement Equipment(Category 5) • Interoperable Communications Equipment (Category 6) • Detection Equipment(Category 7) • Power Equipment(Category 10) • Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials (Category 11) • CBRNE Incident Response Vehicles(Category 12) • Physical Security Enhancement Equipment(Category 14) • CBRNE Logistical Support Equipment(Category 19) • Other Authorized Equipment(Category 21) In addition to the above, general purpose vehicles (such as sports utility vehicles) are allowed to be procured in order to carry out the responsibilities of the EMPG Program. If State agencies and/or local governments have questions concerning the eligibility of equipment not specifically addressed in the AEL, they should contact their contract manager who will coordinate with the FEMA Regional Program Analyst for clarification. F. Management and Administration (M&A) M&A activities are those defined as directly relating to the management and administration of EMPG Program funds, such as financial management and monitoring. It should be noted that salaries of State and local emergency managers are not typically categorized as M&A, unless the State or local EMA chooses to assign personnel to specific M&A activities. II. EHP Recipients must comply with all applicable EHP laws, regulations, and Executive Orders (EOs) in order to draw down their FY 2013 EMPG Program grant funds. Any project with the potential to impact natural resources or historic properties cannot be initiated until FEMA has completed the required FEMA EHP review. Recipients that implement projects prior to receiving EHP approval from FEMA risk de-obligation of funds. For these types of projects, Recipients must complete the FEMA EHP Screening Form (OMB Number 1660-0115/FEMA Form 024-0-01) and submit it, with all supporting documentation to their Contract Manager. Recipients should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving their grant award. The Screening Form must be submitted prior to funds being expended. Refer to IBs 329, 345, and 356 (located at http://www.fema.gov/government/granbbulletins/index.shtm) 1Y.1- 18 The following types of EMPG projects are to be submitted to FEMA for compliance review under EHP laws and requirements prior to initiation of the project: ■ Any involvement with the installation of equipment, ■ Ground-disturbing activities, ■ New construction (installation and renovation), including communication towers, or modification/renovation of existing buildings or structures ■ Proposed construction or renovation projects that are part of larger projects funded from a non-FEMA source (such as an EOC that is part of a larger proposed public safety complex) ■ Renovation of and modification to buildings and structures that are 50 years old or older ■ Any other construction or renovation efforts that change or expand the footprint of a facility or structure including security enhancements to improve perimeter security ■ Physical Security Enhancements, including but not limited to: • Lighting • Fencing • Closed-circuit television (CCTV) systems • Motion detection systems • Barriers, doors, gates and related security enhancements ■ Field based training and exercises including activities that involve ground disturbance, use of explosives, toxic agents or otherwise have the potential to cause impact to the environment or historical resources. This is only a requirement if the exercise or field training is not being conducted by a certified professional or at an existing facility with established procedures. ■ Communication tower projects The following activities do not require the submission of the FEMA EHP Screening Form: planning and development of policies or processes; management and administration; classroom-based training; table top exercises and functional exercises; and, acquisition of mobile and portable equipment(no installation). All recipients of financial assistance will comply with the requirements of the NEPA, as amended, 42 U.S.C. §4331 et seq., which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for its grant-supported activities, DHS requires the environmental aspects of construction grants (and certain non-construction projects as specified by the component and awarding office)to be reviewed and evaluated before final action on the application. For more information on FEMA's EHP requirements, see Informational Bulletins below' • Information Bulletin 329, Environmental Planning and Historic Preservation Requirements for Grants, available at http://www.fema.gov/pdf/government/grant/bulletins/info329.pdf; • Information Bulletin 345, Programmatic Environmental Assessment, available at http://www.fema.gov/pdf/governmenVqrant/bulletins/info345.pd and • Information Bulletin 356, EHP Screening Form, available at http://www.fema.gov/pdf/government/grant/bulletins/info356.pd III. Construction and Renovation Construction and renovation activities for a local government's EOC as defined by the SAA are allowable under the EMPG Program. Written approval must be provided by FEMA prior to the use of any EMPG Program funds for construction or renovation. Requests for EMPG Program funds for construction of an EOC must be accompanied by an EOC Investment Justification (FEMA Form 089-0-0-3; OMB Control Number; 1660-0124 (available through ND grants)to their Grant Program Manager for review. Additionally, grantees are required to submit a SF-424C Budget and Budget detail citing the project costs. When applying for funds to construct communication towers, grantees and sub-grantees must submit evidence that the FCC's Section 106 review process has been completed and submit all documentation resulting from that review to GPD prior to submitting materials for EHP review. Grantees and sub-grantees are also encouraged to have completed as many steps as possible for a successful EHP review in support of their /y�. 19 proposal for funding (e.g., coordination with their State Historic Preservation Office to identify potential historic preservation issues and to discuss the potential for project effects, compliance with all State and EHP laws and requirements). Projects for which the grantee believes an Environmental Assessment(EA) may be needed, as defined in 44 CFR 10.8 and 10.9, must also be identified to the FEMA Program Analyst within six months of the award and completed EHP review materials must be submitted no later than 12 months before the end of the period of performance. EHP review packets should be sent to ppdehpinfo(CDfema.pov. EMPG Program grantees using funds for construction projects must comply with the Davis-Bacon Act(40 U.S.C. 3141 et seq.). Grant recipients must ensure that their contractors or subcontractors for construction projects pay workers employed directly at the work-site no less than the prevailing wages and fringe benefits paid on projects of a similar character. Additional information, including Department of Labor(DOL)wage determinations, is available from the following website: http://www.dol.govlcompliancellaws/comp-dbra.htm. IV. Maintenance and Sustainment The use of FEMA preparedness grant funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable under all active and future grant awards, unless otherwise noted. EMPG Program grant funds are intended to support the NPG and fund activities and projects that build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the Nation. In order to provide grantees the ability to meet this objective, the policy set forth in GPD's IB 379(Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding) allows for the expansion of eligible maintenance and sustainment costs which must be in 1)direct support of existing capabilities; (2) must be an otherwise allowable expenditure under the applicable grant program; (3) be tied to one of the core capabilities in the five mission areas contained within the National preparedness Goal, and (4) shareable through the Emergency Management Assistance Compact. Additionally, eligible costs must also be in support of equipment, training, and critical resources that have previously been purchased with either Federal grant or any other source of funding other than DHS/FEMA preparedness grant program dollars. Unallowable Costs • Expenditures for weapons systems and ammunition • Costs to support the hiring of sworn public safety officers for the purposes of fulfilling traditional public safety duties or to supplant traditional public safety positions and responsibilities • Activities unrelated to the completion and implementation of the EMPG Program In general, recipients should consult with their contact manager; who will coordinate with the FEMA Regional Program Analyst prior to making any Investment that does not clearly meet the allowable expense criteria established in this Guidance. IW- 20 Attachment D Deliverables The objective of this funding is to assist in providing operating support for the areas outlined in Attachment B and C to maintain a county emergency management program. The objective is to help fund the county Emergency Management programs and maintain a 24-7(this includes on-call coverage) daily response to county emergencies. The minimum acceptable standard for payment is a twelve month 24-7 operation. Emergency Management operation below the minimum standard will result in a prorated reduction in payment. In addition,the County is to achieve the following emergency management goals throughout the contract period to ensure county compliance and coordination with the state emergency management. Items listed below are to be reviewed during the mid-year and end-of year progress report prepared in conjunction with the Division's Regional Coordinator to ensure county compliance. Any two goals in the series of 1 to 3 not completed will cause a 5% reduction in the last quarter payment. Documentation supporting the completion of the goals outlined below should be submitted on the Quarterly Financial report. 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. • Recipient will need to attend at least the Regional Training and Exercise Planning (TEP)Workshop and provide an agenda or a copy of the certificate to show participation in the following during this contract period (July 1, 2013—June 30, 2014): 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, 2013— June 30, 2014) 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. NIMSCAST- National Incident Management System (NIMS) is a requirement to receive Federal preparedness assistance, through grants, contracts, and other activities. Each grantee will submit annually the NIMSCAST Tool, which is the evaluation matrix. The Tool includes instructions to complete the self- assessment. This will be completed by September 30, 2013 via NIMSCAST. This objective will be reviewed by the NIMS Coordinator and submitted to the contract managers. 4. 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 https://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. /4- 21 Attachment E Reports A. Recipient shall provide the Division with quarterly financial reports, mid-year and end-of-year summary progress reports prepared in conjunction with the Division's Regional Coordinator, and a final close-out report. Reporting Forms are located in Attachment K and can be found on the Division internet site. B. The Recipient shall provide the Division with full support documentation (per information bulletin# 341)for the quarterly financial reports. To eliminate large files and mailings, the Division will accept back up documentation on a CD if desired by the Recipient. • Organizational Activities: Includes salaries and expenses (depending upon eligibility). Supply copies of timesheets documenting hours worked and proof employee was paid (i.e., earning statements/payroll registries). Copies of invoices and canceled checks related to these services. • Planning Costs: Provide copies of contracts, MOUs or agreements with consultants or sub- contractors providing services. Copies of invoices, checks and canceled checks and copies of planning materials and work products (i.e., meeting documents, copies of completed plans (if submission of plans is for the Division then only need to provide date of submission and who submitted plan/product to), etc.). Training Costs: Provide copies of contracts, MOUs or agreements with consultants or sub- contractors providing services. Copies of invoices, checks and canceled checks and a copy of the agenda, sign in rosters and any training materials provided. Exercise Costs: Provide copies of contracts, MOUs or agreements with consultants or sub- contractors providing services. Copies of invoices, checks and canceled checks and a copy of the agenda, sign in rosters and any exercise materials provided. • Equipment Acquisition Costs: Copies of Invoices/receipts, checks and canceled checks. AEL#for each purchase. Management and Administrative Costs: Supply copies of timesheets documenting hours worked and proof employee was paid (i.e., earning statements/payroll registries). For travel and conferences related to EMPG activities, copies of all receipts must be submitted (i.e., airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.) Receipts must be itemized and match the dates of travel/conference. If conference, a copy of the agenda must be provided. Proof of payment is also required for all travel and conferences. • Copies of the general ledger each quarter should also be provided. C. Quarterly financial reports are due to the Division no later than thirty days after the end of each quarter of the program year; and shall continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are September 30, December 31, March 31 and June 30. D. The Staffing Detail and Exercise Detail Form (Form 3) is due every quarter with your quarterly financial report(for EMPG funded employees only). This is to identify all EMPG funded employees, the required training completed and the required amount of exercises during the agreement period by those employees. E. The final close-out report is due forty-five days after termination of this Agreement. F. If all required reports prescribed above are not provided to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take such other action as set forth in Paragraphs (10), (11) and (12) of this Agreement. "Acceptable to the Division" means that the work product was completed in accordance with generally accepted principles, guidelines and applicable law, and is consistent with the Scope of Work. G. Mid-Year and End-of-Year summary progress reports are to be scheduled and reviewed by the Division's Regional Coordinator and submitted to the contract manager. yZ- 22 Attachment F Program Statutes, Regulations and Special Conditions 1) 53 Federal Register 8034 2) 31 U.S.C. §1352 3) Chapter 473, Florida Statutes 4) Chapter 215, Florida Statutes 5) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR Part 66, Common rule 6) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 7) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975 8) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593 9) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) 10) Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 11) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act 12) 28 CFR applicable to grants and cooperative agreements 13) Omnibus Crime Control and Safe Streets Act of 1968, as amended, 14) 42 USC 3789(d), or Victims of Crime Act(as appropriate); 15) Title VI of the Civil Rights Act of 1964, as amended; 16) Section 504 of the Rehabilitation Act of 1973, as amended; 17) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); 18) Title IX of the Education Amendments of 1972; 19) Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 20) 28 CFR Part 42, Subparts C,D,E, and G 21) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39 22) Chapter 252, Florida Statutes 23) Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code 24) 44 CFR, (Code of Federal Regulations) Part 13 (Common Rule) 25) 44 CFR, Part 302 26) 48 CFR, Part 31 27) OMB Circular A-21, A-102, A-110, A-122, A-128, A-87 and A-133 Special Conditions 1. The Recipient shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements.A non-exclusive list of regulations commonly applicable to Department of Homeland Security grants are listed below: A.Administrative Requirements 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (OMB Circular A-110) B. Cost Principles • 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A- 87) • 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21) • 2 CFR Part 230, Cost Principles for Non-Profit Organizations (OMB Circular A-122) /4- 23 • Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations C. Audit Requirements • OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations 2. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA. 3. The recipient agrees that all allocations and uses of funds under this grant will be in accordance with the FY 2013 Emergency Management Performance Grants Program Guidance and Application Kit. 4. The recipient shall not undertake any project having the potential to impact Environmental or Historical Preservation (EHP) resources without the prior approval of FEMA, including but not limited to communications towers, physical security enhancements involving ground disturbance, new construction, and modifications to buildings, structures and objects that are 50 years old or older, and purchase and use of sonar equipment. Recipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Any construction activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not be eligible for FEMA funding. �y� 24 Attachment G JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: If you are requesting an advance,indicate same by checking the box below. [ ]ADVANCE REQUESTED Advance payment of$ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff,award benefits to clients,duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance,complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20_-20_Anticipated Expenditures for First Three Months of (list applicable line items) Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item,provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety(90)days of the contract term. Support documentation should include quotes for purchases, delivery timelines,salary and expense projections,etc.to provide the Division reasonable and necessary support that the advance will be expended within the first ninety(90)days of the contract term. Any advance funds not expended within the first ninety(90)days of the contract term shall be returned to the Division Cashier,2555 Shumard Oak Boulevard,Tallahassee,Florida 32399, within thirty(30)days of receipt,along with any interest earned on the advance) /y9- 25 Attachment H Warranties and Representations Financial Management Recipient's financial management system must include the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment.Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, 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. Codes of conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. /y6. 26 Attachment I Certification Regarding Debarment,Suspension,Ineligibility And VoluntaryExclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Recipient's Name Name and Title DEM Contract Number Street Address Project Number City, State, Zip Date �y� 27 Attachment J Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted project. Also the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646)which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501,et. seq.) 3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase"Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by(a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by(b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. //'0 28 10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act(as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for$500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act(P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.)which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS)As required by the Drug- Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. /y�" 29 Attachment K Reporting Forms DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM- BASE GRANT Quarterly Financial Report(Form 1): 1. These reports must be completed in full on a quarterly basis and be submitted no later than 30 days after the end of each quarter. QUARTERLY FINANCIAL REPORTS MUST BE SUBMITTED ON A QUARTERLY BASIS EVEN IF YOU ARE NOT CLAIMING ANY EXPENDITURES. Quarterly Financial Report(Form 1)and Detail of Claims(Form 2): 1. These forms are to be submitted quarterly. Complete Quarterly Financial Report by entering all information needed for reimbursement. 2. The Detail of Claims form must accompany the Quarterly Financial Report. 3, The Quarterly Financial Report form must be signed by the contract manager or someone with equal authority. 4. Claims are to be submitted to the following address: DIVISION OF EMERGENCY MANAGEMENT 2555 SHUMARD OAK BOUEVARD TALLAHASSEE, FLORIDA 32399-2100 Attn: (Contract Manager's name) Staffing Detail and Exercise Detail -(Form 3): 1. The Staffing Detail and Exercise Detail Form is due every quarter with your quarterly financial report. This is to identify all EMPG funded employees,the required training completed by those employees and the required amount of exercises that the EMPG funded employee has to participate in each quarter. 2013 EMPG-FUNDING OPPORTUNITY ANNOUNCEMENT(FOA) 2. All EMPG funded personnel shall participate in three exercises of any type(e.g. Drills,Tabletop Exercises,Functional),within a 12-month period. Please note that response to any real-world events within a 12-month period may fulfill a single,quarterly exercise requirement. 3. Target Training and Verify Capability of Personnel.Training activities supported with EMPG Program funds should strategically align to the NPG core capabilities identified in the Multi-Year TEP.To ensure the development of a professional emergency management workforce all EMPG Program funded personnel shall complete the following training requirements and record proof of completion. NIMS Training: IS 100;IS 200; IS 700;and IS 800;FEMA Professional Development Series: IS 120; IS 230; IS 235; IS 240; IS 241;IS 242;and IS 244.Previous versions of the IS courses meet the NIMS training requirement.A complete list of Independent Study Program Courses may be found at http://training.fema.gov/is. Close Out Report-(Form 4): 1. Close Out Reports are due forty-five(45)days after the contract end date. 2. The agreement cannot be considered closed until the Close Out Report has been received. Documentation of project expenditures: 1. Grantees must maintain documentation of expenditures for a minimum period of five years following the close of project/program operations unless audits require a longer period of time. 2. Grantees should maintain a financial file with copies of back-up documentation for all paid project/program expenditures made by the grantee during the grant period. Documentation of expenditures against the program will be reviewed and verified upon receipt by DEM staff. Acceptable documentation includes copies of purchase orders and paid vouchers,paid invoices or cancelled checks,payroll vouchers,journal transfers,etc. These documents should be submitted when requesting reimbursement. 3. In order to document hours worked on the program by permanent or temporary staff,the grantee may use its own time and attendance forms. A Staffing Detail Worksheet is also required to identify positions being funded by the agreement. 4. All claims for reimbursement of expenditures must be submitted on the approved DEM Quarterly Financial Reporting forms. Claims not submitted on the proper form cannot be processed and will be returned for corrections Forms must be submitted with original signatures IF YOU WISH TO OBTAIN THESE FORMS ELECTONICALLY,PLEASE FIND THEM ON OUR WEBSITE AT http://www.floridadisaster.org/grants/index.htm OR NOTIFY YOUR CONTRACT MANAGER /y�- �v DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT PERFORMANCE GRANT-EMPG BASE GRANT QUARTERLY FINANCIAL REPORT FORM 1 GRANTEE: Claim# County Name: Address: (Select the quarter of submission) QUARTERLY REPORTING DUE DATES July 1 —September 30—Due no later than October 31 Point of Contact: October 1-December 31-Due no later than January 31 Telephone M January 1-March 31-Due no later than April 30 AGREEMENT# April 1-June 30-Due no later than July 31 THIS IS A REQUIRED DOCUMENT AND MUST BE SUBMITTED QUARTERLY CUM.FUNDS REMAINING CUMULATIVE TOTAL ALLOCATED CURRENT CLAIM EXPENDED BALANCE 1. Organizational Costs 2. Planning Costs 3.Training Costs 4. Exercise Costs 5. Equipment Costs 6. Management and Administration Costs (limited to 5%of the total award) TOTAL $0.00 $0.00 $0.00 TOTAL AMOUNT TO BE PAID ON THIS INVOICE $0.00 EMPG MATCH Federal funds provided under this Agreement shall be matched by the Recipient dollar for dollar from non-federal funds. NOTE: If the amount entered below is NOT EMPA,provide appropriate back-up/supporting documentation. MATCH EMPA LOCAL OTHER NON-FEDERAL I hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement. Signed: Grantee Contract Manager or Financial Officer Date QUARTERLY STATUS REPORT This information below is required EACH QUARTER. This information MUST be clearly linked to the project TIMELINE, DELIVERABLES AND SCOPE OF WORK. Report event,progress,delays,etc.,that pertain to this project(i.e., incidents,activities, meetings, reporting training and/or exercises) (Attach additional page(s) if needed.) THIS SECTION BELOW IS TO BE COMPLETED BY DEM WITH EACH QUARTERLY FINANCIAL PAYMENT Total EMPG(Federal)Amount Prior Payments This Payment Unexpended Funds EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM- BASE GRANT DETAIL OF CLAIMS FORM 2 CATEGORY# (Please use one form per category. Pick from the below 1-6) 1.Organizational Expenditures 2.Planning Expenditures 3.Training Expenditures 4.Exercise Expenditures 5.Equipment Expenditures 6.Management and Administration Expenditures (limited to 6%of the total award) County Costs Incurred During the Period of: / / to / / Claim Number: Vendor Briefly Describe Item and its EM Purpose Date Received/ Date Paid Check Number Amount AEL#(if applicable) Date of Services Total Costs Charged to this Grant \ $0.00 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - BASE GRANT Form 2(if applicable) DETAIL OF CLAIMS ORGANIZATIONAL/SALARIES AND BENEFITS COSTS SALARY DEFINITION: The cash compensation for services rendered by a regular employee in an established position for a specific period of time. County Costs Incurred During the Period of: / / to / / Claim Number: Name of Employees Job Title % of Time Salary$ Charged to Fringe Benefits $ Charged to this Grant Charged to this this Grant Grant TOTALS $0.00 50.00 Total Salaries and Benefits Charged to this Grant $0.00 w DIVISION OF EMERGENCY MANAGEMENT COUNTY FY 2013-2014 FOR EMPG FUNDED EMPLOYEES ONLY FORM 3 EMPG Staffing Detail EMPG Training Has the emplyee receieved certificate/completed the followin es or no Approx#of hrs/Week Annual Total Salaries& %EMPG Base Name&Position Title Devoted to EM Benefits by position Grant(Federal) NIMS NIMS NIMS NIMS FEMA Professional Activities IS 100 IS 200 IS 700 IS 800 Development Series [1] [2] [3] [4] DIRECTIONS STAFFING DETAIL: 1. In column 1 list titles and name of ALL EMPG funded staff 2. Complete column 2 for each position. 3. In column 3 list total anticipated annual amount of Salaries and Benefits to be paid for each position. 4. In columns 4,provide the funding distribution(%)for the amount in column 3. EMPG Exercise(s)Per Quarter Name&Position Title Date Description of Exercise I'll [2] [3] DIRECTIONS: 1. In column 1,list name and titles of Emergency Management staff that is funded with EMPG 2. In column 2,date of Exercise(s)employee participated in 3.In column 3,a brief description of the exercise(s)EMPG employee participated in Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - BASE GRANT CLOSE-OUT REPORT FORM 4 This form should be completed and submitted to the Division no later than forty-five(45)days after the termination date of the Agreement. Grantee Agreement No. Address Agreement Amount City and State Agreement Period Payments Received Under this Agreement (Include any advanced funds and final requested payment) By Category-Total Contract Cost Categories Expenditures Date Amount 1.Organizational Activities 1 2.Planning Activities 2 3.Training Costs 3 4.Exercise Costs 4 5.Equipment Acquisition Costs 5 6.Management and Administration Costs 6 Total $0.00 Total 7 $0.00 Agreement Amount Minus Total Payments (Including final requested funds—Line 7) Unspent balance Refund and/or final interest checks are due no later than ninety (90)days after the expiration of the Agreement. Make checks payable to: Cashier,Division of Emergency Management I hereby certify that the above costs are true and valid costs incurred in accordance with this Agreement. Mail To: Division of Emergency Management Signed 2555 Shumard Oak Boulevard Grantee Contract Manager or Financial Officer Tallahassee,Florida 32399-2100 Attn: (contract manager) Date