HomeMy WebLinkAbout11/05/2013AP-B Contract Number: 14-BG- -10-40-01-031
STATE-FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with
headquarters in Tallahassee, Florida (hereinafter referred to as the"Division"), and Indian River County
(hereinafter referred to as the"Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the
services identified herein; and
B. The Division has received these grant funds from the State of Florida, and has the authority to subgrant
these funds to the Recipient upon the terms and conditions below; and
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division and the Recipient agree to the following:
(1) SCOPE OF WORK.
The Recipient shall perform the work in accordance with the Program Budget and Scope of Work,
Attachment A and B of this Agreement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws, rules and
regulations, including those identified in Attachment F.
(3) PERIOD OF AGREEMENT
This Agreement shall begin on July 1, 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
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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 nonstate entity as defined by Section 215.97, Fla. Stat., it shall comply with
the following:
If the Recipient expends a total amount of State financial assistance equal to or more than $500,000 in any
fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in
accordance with Section 215.97, Fla. Stat.; applicable rules of the Executive Office of the Governor and the Chief
Financial Officer; and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General. EXHIBIT 1 to this Agreement shows the State financial assistance awarded by this
Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall include all
sources of State financial assistance, including State funds received from the Division, other state agencies, and
other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and
resources received by a nonstate entity for Federal program matching requirements.
In connection with the audit requirements addressed in this Paragraph 6(d) above, the Recipient shall
ensure that the audit complies with the requirements of Section 215.97(8), Fla. Stat. This includes submission of a
reporting package as defined by Section 215.97(2)(e), Fla. Stat. and Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit
conducted in accordance with the provisions of Section 215.97, Fla. Stat, is not required. In the event that the
Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit
conducted in accordance with the provisions of Section 215.97, Fla. Stat, the cost of the audit must be paid from
the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained
from other than State entities). Additional information on the Florida Single Audit Act may be found at the following
website: https://apps.fldfs.com/fsaa/singleauditact.aspx.
(e) Report Submission
1. The annual financial audit report shall include all management letters and the
Recipient's response to all findings, including corrective actions to be taken.
2. 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
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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) 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.
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(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:
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.
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(12) TERMINATION.
(a) The Division may terminate this Agreement for cause after thirty days written notice. Cause
can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform
on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material
subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b)The Division may terminate this Agreement for convenience or when it determines, in its sole
discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of
funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience through a
written amendment of this Agreement. The amendment will state the effective date of the termination and the
procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for
the terminated portion of the Agreement after the Recipient has received the notification of termination. The
Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination
notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of
Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient
for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined.
(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand
delivery, or first class, certified mail, return receipt requested, to the representative named below, at the address
below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Teresa Warner
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: 850-922-1637
Fax: 850-488-7842
Email: teresa.warner(a)em.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.
422543 rAve.
Vero Beach, FL 32967
Telephone: 772-567-2154
Fax: 772-567-9323
Email: 0king CcDircgov.com
(d) In the event that different representatives or addresses are designated by either party after
execution of this Agreement, notice of the name, title and address of the new representative will be provided as
outlined in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned
subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The
Recipient agrees to include in the subcontract that(i) the subcontractor is bound by the terms of this Agreement, (ii)
the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall
hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's
performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall
document in the quarterly 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.
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(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this Agreement and the
attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A—Program Budget
Attachment B—Scope of Work
Attachment C—Budget Narrative
Attachment D—Deliverables
Attachment E—Reports
Attachment F—Program Statutes, Regulations and Program Requirements
Attachment G—Justification of Advance Payment
Attachment H—Warranties and Representations
Attachment I—Certification Regarding Debarment
Attachment J—Statement of Assurances
Attachment K—Reporting Forms
(17) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred
in the satisfactory performance of work hereunder in an amount not to exceed $105,806, 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.
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interest earned on all funds received under this Agreement, within ninety (90) days of the expiration of the award
Agreement.
The Recipient shall comply with all applicable procurement rules and regulations in securing goods and
services to implement the Scope of Work. Whenever required by law or otherwise permitted, the Recipient shall
utilize competitive procurement practices.
Allowable costs shall be determined in accordance with applicable Office of Management and Budget
Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST PRINCIPLES AND
PROCEDURES.
Any requests received after July 31, 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.
Federal funds provided under this Agreement shall be matched by the Recipient dollar for dollar from non-
federal funds.
All payments relating to the Agreement shall be mailed to the following address:
Attn: Finance Dept.
Indian River County
180127 th Street
Vero Beach, FL 32960
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to the order of
"Division of Emergency Management", and mailed directly to the following address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for collection,
Recipient shall pay the Division a service fee of$15.00 or 5% of the face amount of the returned check or draft,
whichever is greater.
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or
response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of
said information, representations, and materials is incorporated by reference. The inaccuracy of the submissions or
any material changes shall, at the option of the Division and with thirty days written notice to the Recipient, cause
the termination of this Agreement and the release of the Division from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue for any
actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this
Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and
void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this
Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this Agreement
shall survive the term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, any one of which may be
taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act(Public Law 101-336,
42 U.S.C. Section 12101 et sea.), which prohibits discrimination by public and private entities on the basis of
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void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this
Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this Agreement
shall survive the term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, any one of which may be
taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act(Public Law 101-336,
42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the basis of
disability in employment, public accommodations, transportation, State and local government services, and
telecommunications.
(f) Those who have been placed on the convicted vendor list following a conviction for a public
entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services
to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or 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
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violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds
for unilateral cancellation of this Agreement by the Division.
(n) The Recipient is subject to Florida's Government in the Sunshine Law(Section 286.011, Fla.
Stat.)with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making
recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and
the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla.
Stat.
(o) All expenditures of state financial assistance shall be in compliance with the laws, rules and
regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for State
Expenditures.
(p) The Agreement may be charged only with allowable costs resulting from obligations incurred
during the term of the Agreement.
(q) Any balances of unobligated cash that have been advanced or paid that are not authorized to
be retained for direct program costs in a subsequent period must be refunded to the State.
(20) LOBBYING PROHIBITION
(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
/-v/-9
x
which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under
Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this Agreement and
that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also
certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this
Agreement.
(23) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as Attachment J.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT:
INDIAN RIVER COUNTY
By:
Name and title: F1_—se\ yy . CxihQs.,0.�
Date:
FID# rat-1sZO0kaY-V
STATE OF FLORIDA
DIVISION OF EMERGENCY MANGEMENT
By:
Name and Title: Bryan Koon, Director
Date:
Attest: Jeffrey R. Smith, Clerk of
APPROVED Court and COmptroller
By:
Deputy Clerk
County Administrator
Amt t �,
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EXHIBIT—1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
NOTE: If the resources awarded to the recipient represent more than one State project, provide the same
information shown below for each State project and show total state financial assistance awarded that is subject to
Section 215.97, Florida Statutes.
State Project-
State awarding agency: Division of Emergency Management
Catalog of State Financial Assistance title: Emergency Management Programs
Catalog of State Financial Assistance number: 31.063
$105,806
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS:
Pursuant to Section 252.373, Florida Statutes and Rule Chapter 27P-19, Florida Administrative Code.
Eligible activities for these funds are salaries and expenses relating to maintaining and enhancing county
emergency management plans and programs.
Eligible recipients for these funds are the 67 Florida counties.
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that
the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient.
/'I�- 1 1
Attachment A
Program Budget
■ Below is a general budget which outlines eligible categories and their allocation.
■ The transfer of funds between the categories listed in the Program Budget is permitted.
31r t+�cir� geAklh
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Salary and Benefits 80,820.00
FY 2013-2014 — Other Personal/Contractual
Emergency Management COUNTY Services OPS 15,000.00
Preparedness and
Assistance Grant Expenses
Operating Capital Outlay (OCO) 9,986.00
Fixed Capital Outlay (FCO)
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��� 12
Attachment B
Scope of Work
Intent of Agreement: The intent of the EMPA Base Grant Agreement is to provide each county with the means to
successfully manage and operate an Emergency Management Program. Counties must be able to prepare for,
respond to, recover from, and mitigate against natural and man-made disasters/emergencies.
Base Grant funding from the Emergency Management Preparedness and Assistance Trust Fund 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 6 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.
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.
/yV 13
Attachment C
Budget Narrative
I. Categories and Eligible Activities
Emergency Management Preparedness and Assistance Grant
FY2013-2014 allowable costs are divided into the following categories: salary and benefits, other personal
contractual services, expenses, operating capital outlay and fixed capital outlay are allowable.
A. Salaries and Benefits
Salaries and Benefits are eligible for reimbursement under the EMPA Agreement. The Staffing Detail
Worksheet must list the position for which reimbursement is requested. Eligible categories for reimbursement
include, but are not limited to:
• Regular Salary
• Overtime
• FICA
• SS/Medicare
• Retirement
• Life/Health Insurance
• Leave Payout
Accumulated sick/vacation time paid out within the Agreement period (this must be claimed during
the Agreement period in which the payout occurred (regardless of which Agreements were in place
at the time of accumulation)
B. Other Persona[/Contractual Services
This category allows for reimbursement for services by a person(s)who is not a regular or full time employee
filling established positions. This includes but is not limited to, temporary employees, student or graduate
assistants, fellowships, part time academic employment, board members, consultants, and other services.
Consultant Services require a pre-approved Contract or purchase order by the Division. Copies of additional
quotes should also be supplied when requesting pre-approval. These requests should be sent to the Contract
Manager for the Division for review either via e-mail or U.S. Mail. The Division will respond within five (5)
business days to requests for pre-approval unless additional information is needed from the county. If
requested, the response date will begin when the additional information is received. If no response is received
by the close of business on the 51h business day, the contract or purchase order will be approved by default.
Once approved, a copy of the Agreement must be sent to the Contract Manager within ten (10) days of
execution.
C. Expenses
Expenses are defined as usual, ordinary, and incidental expenditures by an agency, including but not limited to,
commodities and supplies of a consumable nature, current obligations and fixed charges. Expenditures
defined as Operating or Fixed Capital Outlay should not be included in this category. Backup Documentation
should reflect the amount requested on the Expenses Detail of Claims form.
Eligible items in the Expenses category include, but are not limited to:
• Utility(electric, water and sewage) and Telephone Bills (landlines, cellular, and satellite)
• Internet Service
/y�- 14
• Maintenance Agreements for equipment or services
• General Office Supplies
• Travel to/from meetings and conferences related to emergency management
• Travel to training and/or exercises related to emergency management
• Dues and Conference Travel as it relates to the Scope of Work
• Equipment (that does not qualify as OCO or FCO)
• Software and upgrades
• Publications and Training Materials
• Postage
• Apparel for identification of Emergency Management Staff in the field
• Fuel for Emergency Management vehicles
• Food/Beverages for activations (must have Governor's Executive Order or a declared Local State of
Emergency)
Maintenance and Service Contracts or Purchase Orders Maintenance and Service Contracts and Purchase
order timeframes are at the discretion of the county. However, reimbursement can only be claimed for services
within the Agreement period. These Agreements cannot be rolled over from year to year. The procurement
process must be repeated each year to ensure competitive solicitation.
D. Operating Capital Outlay
Operating Capital Outlay(OCO) is defined as equipment, fixtures and other tangible personal property of a
non-consumable nature that has a normal expected life of one year or more.
Eligible items include, but are not limited to:
• Computers, printers, copiers and fax machines
• Radios, satellite telephones and other communications equipment
• Furniture for Emergency Management Offices and Emergency Operation Centers
• Shelving for storage of Emergency Management equipment
• Vehicles for the Emergency Management Program (see note regarding vehicle purchases below)
E. Fixed Capital Outlay
Fixed Capital Outlay(FCO) is defined as real property(land, buildings including appurtenances, fixtures and
fixed equipment, structures, etc.) including additions, replacements, major repairs and renovations to real
property which materially extend its useful life or materially improve or change its functional use, and including
operating capital outlay necessary to furnish and operate a new or improved facility.
Eligible items include, but are not limited to:
• Major repairs to the County Emergency Operations Center
• Central Heat/Air
• Out buildings for storage of Emergency Management Equipment
• Security Improvements (i.e. Cameras and equipment to operate)
• Generators and Installation
II. Eligibility Requirements:
Rule 27P-19.004, Florida Administrative Code (F.A.C.) requires Counties to certify their commitment to employ
and maintain either a Full-time Director or Part-time Coordinator.
Counties must also maintain a County Emergency Management budget that is equal to the amount of the
previous year or the average of the previous three years' level of funding. If the county budget is reduced for
any reason, a waiver must be requested no later than forty-five (45) days prior to the beginning of the county
fiscal year. Rule 27P-19.011, F.A.C. further defines these requirements.
14- 15
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 6 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 elements below, county emergency management
agencies will have an ongoing process that provides for coordinated and collaborated input in the preparation,
implementation, evaluation and revision of emergency management programs. See Data Download and
Upload details in#6 below.
A) Need to attend at least three 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):
• Quarterly Regional Coordination Meetings—submittal of agenda is NOT required
• Current Issues in Emergency Management(CIEM)—submittal of certification is NOT required
• Florida Governor's Hurricane Conference or National Hurricane Conference
• Florida Emergency Preparedness Association Annual Meeting
• Florida Emergency Preparedness Association Mid Year Work Session
• Local Mitigation Strategy(LMS)Workshops
Professional Development Conferences &Training
B) Update and submit changes to the County Contact Form, to include County Officials annually or as
changes occur.
C) Hold at least one (1) Emergency Operations Center(EOC) concept of operations meeting to include
Emergency Support Function (ESF) and community partners prior to the start of hurricane season.
D) Hold at least one (1) Recovery Strategy meeting to include the appropriate ESF, Non Government Partners
(NGO) and community partners prior to the start of hurricane season.
2. TRAINING AND EXERCISE-To ensure that each county emergency management agency maintains a
comprehensive, all hazards training and exercise program to evaluate and test all aspects of the local
emergency management system including activation of the county EOC, during this contract period (July 1,
2013—June 30, 2014), the county shall:
A) Participate in the annual Statewide Hurricane Exercise and submit the following within 90 days. See Data
Download and upload details in#6 below.
• One (1) Incident Action Plan (IAP) OR one (1) Situation Report (SITREP) with a roster of participants;
and
• Participate in at least one (1) conference call.
B) Submit an After Action Report (AAR) and Corrective Action Plan (CAP)within 90 days for all exercises not
conducted by the State. See Data Download and Upload details in#6 below.
A/d- 16
3. GEOGRAPHICAL INFORMATION -Emergency services data shall be developed, maintained, and updated in
cooperation between counties and the Division. A data export will be created for each county and uploaded to
the Division's Sharepoint portal. See Data Download and Upload details in#6 below. Updates and corrections
shall be provided to the Division's GeoSpatial Information Systems (GIS) section on or before April 15, 2014.
This shall include:
A) Location and attribute information of all fire rescue, law enforcement, public safety and emergency service
stations shall be reviewed and updated as needed.
B) Location and attribute information of other critical facilities as deemed necessary by the county Emergency
Manager.
Attribute information for spatial data requested shall include: facility name, facility type, physical address, and
USNG coordinates OR Latitude/Longitude in decimal degrees (only one or the other is needed).
NOTES:
• Instead of reviewing the spreadsheet, an export from a county GIS department may be submitted. Zipped
shapefiles or geodatabases may be extracted from a county GIS system and uploaded to the Sharepoint
portal.
• If a county maintains a GIS data download website, that URL may simply be provided.
• If counties have no changes in last submission, no update is necessary, but please provide feedback
through the Sharepoint portal to indicate the data has been reviewed and no changes are required.
• Critical facility inventory spreadsheets provided will contain more facility types than are required to be
reviewed and are provided as information to the counties.
4. LOGISTICS-The County shall maintain a comprehensive resource management program that involves pre-
disaster, systematic identification of resource requirements, shortfalls and inventories. Also, the county shall
identify local resources to meet emergency needs, and develop local contracts for goods and services. The
following shall be uploaded to the Division's Sharepoint portal no later than June 1, 2014. See Data Download
and Upload details in#6.
A) An updated county logistics strategy/plan that is consistent with guidance found in the County Logistics and
Points of Distribution (POD) Standard Operating Guide(SOG) (CEMP 2355). The strategy/plan shall also
include, but is not limited to the following:
• County Government Emergency Fuel Strategy
• Utilization of private business and industry in meeting emergency resource needs
• List of local vendors, any Memorandum of Agreements and contracts that will provide resources in an
emergency; and
B) Location, survey forms and attributes information for county logistical staging areas; and
C) Location and attribute information for Points of Distribution (POD) sites and Comfort Stations; and
D) Locations for Emergency Worker Base Camps.
5. SHELTER SURVEY AND RETROFIT PROGRAM—In accordance with Florida's statewide hurricane shelter
space deficit elimination program, the following shall be uploaded to the Division's Sharepoint portal. See Data
Download and Upload details in#6. All information shall be verified by the county.
A) Identify potential hurricane shelter retrofit projects or report that there are no new identified projects. (This
information is used to compile the Shelter Retrofit Report.)
B) Report all hurricane shelter retrofit projects that are undertaken, regardless of funding source(s)or report
that there are no projects.
1yq- 17
C) Develop and submit a strategy to ensure that by June 1, 2014, all designated Special Needs Shelters
(SpNS) have a standby power system or capability with adequate capacity to support life-safety systems,
essential lighting and outlet receptacles, air-conditioning, and necessary medical equipment. For those
designated SpNS facilities without a permanently equipped standby electric generating capacity, a locally
sourced and acquired temporary electric generator with adequate capacity to support the standby power
system requirements shall be provided.
D) Develop and submit a strategy to ensure that by June 1, 2014, there is adequate designated SpNS client
space capacity to meet the anticipated five-year demands as determined by the 2012 Statewide
Emergency Shelter Plan (January 31, 2012). All designated SpNS facilities must at a minimum meet the
hurricane safety criteria established in the American Red Cross Standards for Hurricane Evacuation
Shelter Selection (ARC 4496) and be equipped with an adequate standby electric power system or
capability as described in item 5.C. above.
E) Update and submit a hurricane shelter deficit reduction progress reports, which include"as-is", retrofit and
Enhanced Hurricane Protection Areas (EHPA) construction. (This information is used to compile the
Shelter Retrofit Report.)
F) Provide a brief report on results of the year's coordination with school boards, community colleges and
universities (as applicable) for implementation of the statutory and code required Public Shelter Design
Criteria (a.k.a. EHPA). The most recent published Statewide Emergency Shelter Plan can provide
guidance for implementation of the EHPA criteria. A checklist to provide this information will be made
available on the Division's Sharepoint Portal.
6. 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.
/�//- 18
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 for the quarterly financial
reports. To eliminate large files and mailings,the Division will accept back up documentation on a
CD if desired by the county.
• Salaries: includes, but is not limited to, a copy of the payroll register(highlight, underline or circle
expenses being claimed), spreadsheet showing breakdown (optional), timesheets (if applicable), and
canceled checks or proof of payment. Check/payroll registers are accepted as backup for both State
and Federal Agreements with the Division if canceled checks are not available.
• OPS/Contractual Services: includes, but is not limited to copies of contracts, MOUs or agreements
with consultants or sub-contractors providing services, payroll registers, timesheets and copies of
checks/proof of payment for temporary employees, student or graduate assistants, fellowships, part-
time academic employment, etc. Invoice detailing services performed and a copy of proof of payment
(i.e., canceled checks, general ledger showing deducted expenditure, etc.)
• Expenses: must include a copy of the invoice/receipt and proof of payment in the form of a canceled
check or ledger showing amount deducted from county fund.
o If training/exercise is provided by contractor, an agenda, training materials, exercise materials
and copies of sign-in rosters of attendees should be included. If planning is provided then will
need copies of planning materials and work products (i.e., meeting documents, copies of
completed plans, etc.)
o For travel and conference activities, copies of all receipts must be submitted (i.e., airfare, proof
of mileage, toll receipts, hotel receipts, car rental receipts, etc.) Receipts must be itemized and
match the dates of travel/conference. If conference, a copy of the agenda must be provided.
Proof of payment is also required for all travel and conferences.
• OCO: includes but is not limited to a copy of the vendor invoice/receipt and proof of payment in the
form of a check or ledger showing payment deduction.
• FCO: includes but is not limited to a copy of the vendor invoice/receipt and proof of payment in the
form of a check or ledger showing payment deduction.
• 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 final close-out report is due forty-five days after termination of this Agreement.
E. The Budget Form is to be completed and sent along with the County's signed agreements for
execution. Along with the Budget Form the county needs to provide a copy of the current
Emergency Management Local Budget(General Revenue). This is to ensure compliance with Rule
27P-19.011, Florida Administrative Code.
F. In addition to the above, in order to ensure compliance with Rule 27P-19.011, Florida Administrative Code,
historical budgetary information relating to the Recipient's Emergency Management Program is also
required. This information shall be developed based on guidelines provided by the Department and shall
be submitted to the Division no later than December 31, 2013. The Historical Information form must be
prepared and signed by an official of the County's Finance Office.
G. In a format provided by the Division, a proposed staffing summary and the counties position descriptions
shall be submitted to the Division not later than December 31, 2013.
/4- 19
H. If all required reports prescribed above are not provided to the Division or are not completed in a manner
acceptable to the Division, the Division may withhold further payments until they are completed or may take
such other action as set forth in Paragraphs (10), (11) and (12) of this Agreement, and Rule 27P-19.014,
Florida Administrative Code. "Acceptable to the Division" means that the work product was completed in
accordance with generally accepted principles, guidelines and applicable law, and is consistent with the
Scope of Work.
I. Mid-Year and End-of-Year summary progress reports are to be scheduled and reviewed by the Division's
Regional Coordinator and submitted to the contract manager.
Cyd 20
Attachment F
Program Statutes, Regulations and Program Requirements
Program Statutes
1. Chapter 252, Florida Statutes
2. Rule Chapters 27P-6, 27P-11, 27P-19 and 27P-20, Florida Administrative Code
3. 48 CFR, Part 31
Program Requirements
(1) EQUIPMENT AND PROPERTY MANAGEMENT
The Division will cover the monthly cost of the satellite service provided to the counties (this includes one
(1) license per county). The charge does not cover maintenance, repair, additional equipment and other services
not part of the initial order for services. In particular, the service charge does not cover:
(a) Maintenance, repair, or replacement of parts damaged or lost through catastrophe, accident,
lightning, theft, misuse, fault or negligence of the Recipient or causes external damage to the equipment, such as,
but not limited to, failure of, or faulty, electrical power or air conditioning, operator error, failure or malfunction of
data communication equipment not provided to the Recipient by the Division under this Agreement, or from any
cause other than intended and ordinary use.
(b) Changes, modifications, or alterations in or to the equipment other than approved upgrades and
configuration changes.
(c) Deinstallation, relocation, or removal of the equipment or any accessories, attachments or other
devices.
The Recipient shall be independently responsible for any and all charges not part of the initial service order.
(2) NAWAS
The Florida National Warning System (NAWAS) is a U.S. Department of Homeland Security product that
shall be monitored 24 hours a day/365 days a year. The U. S. Department of Homeland Security supplies the line
and one handset to the recipient at no cost. Additional equipment, connections and handsets are the responsibility
of the Recipient.
(3) VEHICLES
Written approval from the Director of the Division must be obtained prior to the purchase of any motor
vehicle with funds provided under this Agreement. In the absence of such approval, the Division has no obligation
to honor such reimbursement request. Any trade-in or resale funds received relating to any vehicle purchased
under this subgrant is program income and must be applied toward the Recipient's Emergency Management
Preparedness and Assistance(EMPA) Base Grant expenditures.
(4) PROPERTY MANAGEMENT/PROCUREMENT
(a) The recipient shall comply with applicable procurement rules and regulations in securing goods and
services to implement the Scope of Work. Wherever required by law or otherwise permitted, the Recipient shall
utilize competitive procurement practices.
(b) Allowable costs shall be determined in accordance with Office of Management and Budget Circular A-
102 -Common Rule.
(c) Recipient agrees to use any equipment purchased under the terms of this Agreement for the purpose
for which it was intended.
/��- 21
(d) Equipment purchased under the terms of this Agreement shall remain the property of the Recipient.
The disposition of equipment shall be made in accordance with the Recipient's policies and procedures and
applicable federal policies and procedures.
(5) CERTIFICATIONS
(a) By its execution of this Agreement, the Recipient certifies that it is currently in full
compliance with the Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code, Chapter 252, Florida
Statutes, and appropriate administrative rules and regulations that guide the emergency management program and
associated activities.
(b) The Recipient certifies that funds received from the Emergency Management, Preparedness and
Assistance Trust Fund (EMPA funds)will not be used to supplant existing funds, nor will funds from one program
under the Trust Fund be used to match funds received from another program under the Trust Fund. The Recipient
further certifies that EMPA funds shall not be expended for 911 services, emergency medical services, law
enforcement, criminal justice, fire service, public works or other services outside the emergency management
responsibilities assigned to the Recipient's Emergency Management Agency, unless such expenditure enhances
emergency management capabilities as expressly assigned in the local Comprehensive Emergency Management
Plan (CEMP).
(c) The Recipient certifies that it is a participant in the most current Statewide Mutual Aid Agreement
(SMAA).
(d) By its signature, the Recipient reaffirms its certification to employ and maintain a full-time Director
consistent with Rule 27P-19.002(6), Florida Administrative Code.
(6) OTHER CONDITIONS
(a) As a further condition of receiving funding under this Agreement, following full or partial County
Emergency Operation Center activation at a level equivalent to a State Emergency Operation Center level two (2)
or above during the period of this Agreement, then the Recipient shall, within forty-five (45)days following the
conclusion of the activation, evaluate the performance of all elements of the local emergency management program
during that activation, and provide a written after action report to the Division.
(b) Funds may not be used for items such as door prizes and gifts. Flyers and educational information to
educate the public about the Emergency Management Program is allowable.
(c) Food and beverages may be purchased for Emergency Management personnel and other personnel
only if the Recipient's Emergency Operation Center or field command office is in an activated status and personnel
receiving food/beverage are on duty at either of these locations. Purchases may be made only under(1)An
Executive Order issued by the Governor or(2) a State of Emergency appropriately declared by local officials in
response to an emergency event or threat.
(d) Within 60 days of execution of this Agreement, the Recipient shall provide copies of any new or
updated ordinances in effect which expressly address emergency management, disaster preparedness, civil
defense, disasters, and emergencies or otherwise govern the activation of the local emergency management
program provided in s.252.38, Florida Statutes.
/��6 22
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)
/�� 23
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.
1�g- 24
Attachment I
Certification Regarding
Debarment,Suspension,Ineligibility
And Voluntary Exclusion
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Recipient, certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal department or agency.
(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature Recipient's Name
Name and Title DEM Contract Number
Street Address Project Number
City, State, Zip
Date
/�� 25
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.
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
111z,1' 26
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.
14. 27
Attachment K
Reporting Forms
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT- BASE GRANT
Quarterly Financial Report(Form 1):
1. These reports must be completed in full on a quarterly basis and be submitted no later than 30 days after the end of each quarter.
QUARTERLY FINANCIAL REPORTS MUST BE SUBMITTED ON A QUARTERLY BASIS EVEN IF YOU ARE NOT CLAIMING ANY
EXPENDITURES.
Quarterly Financial Report(Form 1)and Detail of Claims (Form 2 and 3):
1. These forms are to be submitted quarterly. Complete Quarterly Financial Report by entering all information needed for reimbursement.
2. The Detail of Claims form must accompany the Quarterly Financial Report.
3, The Quarterly Financial Report form must be signed by the contract manager or someone with equal authority.
4. Claims are to be submitted to the following address:
DIVISION OF EMERGENCY MANAGEMENT
2555 SHUMARD OAK BOUEVARD
TALLAHASSEE, FLORIDA 32399-2100
Attn: (Contract Manager's name)
Budget -(Form 4):
1. The Budget Form is to show how the EMPA Base Grants will be matched at an amount either equal to the average of the previous three
years' level of county general revenue funding of the County Emergency Management Agency or the level of funding for the County
Emergency Management Agency for the last fiscal year,whichever figure is lower.
2. This form is to be completed and sent along with the signed agreements for execution. Required with this form the county needs to
provide a copy of the current Emergency Management Local Budget(General Revenue).
3. This is to ensure compliance with Rule 27P-19.011,Match Requirements, Florida Administrative Code.
Staffing Detail -(Form 5):
1, List ALL Emergency Management Agency staff, regardless of funding. Provide a total anticipated annual amount of Salaries and Benefits to be
paid for each position. Provide the funding distribution(%)in each applicable column: local, state.federal,etc.
Historical for Match-(Form 6):
1. AGREEMENT PERIOD 2012-2013-This will consist of the last quarter of the county's fiscal year 2011-2012 and the first three quarters of
the county's fiscal year 2012-2013
2. This information represents the county's general funds and all federal and/or state funds provided for the county's Emergency Management
Program for Fiscal Year 2012-2013. Federal Funds requires a dollar for dollar non-federal match from county generated funds or other non-
federal funds.
3. This information focuses only on the County Emergency Management Agency's annual costs; it should not include any disaster-related response
or recovery costs.
4. Include any explanatory footnotes or narrative comments you feel relevant, particularly if you experienced any large, atypical/non-recurring
expenditures(e.g.,construction of an EOC)that would spike your local spending in any given year.
EXPENDITURE DEFINITIONS-This sample report should serve only as an example-Use actual data from your County's financial
records
1. Includes the compensation for services that are directly related to the emergency management program by persons who are regular
employees in established positions. Calculation should include any known overtime cost requirements and all salary related matching
benefits such as social security, retirement and insurance contributions,etc.
2. Includes the compensation for services that are directly related to the program by an outside company or a person who is not a regular or full-
time employee filling an established position. This shall include but not be limited to,temporary employees, student or graduate assistants,
fellowships, part time academic employment, board members,consultants, and other services.
3. Includes the usual, ordinary,and incidental expenditures by an agency, including, but not limited to, commodities and supplies of a
consumable nature.
4. Includes equipment,fixtures and other tangible personal property of a nonconsumable and nonexpendable nature that have a normal
expected life of one year or more.
5. Includes real property(land, building including appurtenances,fixtures and fixed equipment,structures,etc.), including additions,
replacements, major repairs, and renovations to real property which materially extend its useful life or materially improve or change its
functional use, and including operating capital outlay necessary to furnish and operate a new or improved facility.
Close Out Report-(Form 7):
1. Close Out Reports are due forty-five(45)days after the contract end date.
2. The agreement cannot be considered closed until the Close Out Report has been received.
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
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT PREPAREDNESSFINANCIAL ISTANCE REPORT -EMPA BASE GRANT
QUARTERLY
Form 1
Claim#
GRANTEE:
County Name: (Select the quarter of submission)
Address: QUARTERLY REPORTING DUE DATES
July 1 —September 30—Due no later than October 31
October 1—December 31-Due no later than January 31
Point of Contact:
January 1—March 31—Due no later than April 30
Telephone#:
April 1-June 30—Due no later than July 31
AGREEMENT#
THIS IS A REQUIRED DOCUMENT AND MUST BE SUBMITTED QUARTERLY
CUM.FUNDS REMAINING
CUMULATIVE
TOTAL ALLOCATED CURRENT CLAIM EXPENDED BALANCE
1. Salary and Benefits
2. Other Personal/Contractual Services
3. Expenses
4. Operating Capital Outlay(OCO)
5. Fixed Capital Outlay(F(;O) 0.00
TOTAL $0.00 $0.00 $
TOTAL AMOUNT TO BE PAID ON THIS INVOICE $0.00
1 hereby certify that the above costs are true and valid costs incurred in accordance with the project agreement.
Signed: Date
Grantee Contract Manager or Financial Officer
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
r
al EMPA(State)Amountor Pa ments
s Pa mentexpended Funds j
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT-EMPA 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#: 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. Salary and Benefits
2. Other Personal/Contractual Services
3. Expenses
4. Operating Capital Outlay(OCO)
5. Fixed Capital Outlay(FCO)
TOTAL $0.00 $0.00 $0.00
TOTAL AMOUNT TO BE PAID ON THIS INVOICE $0.00
1 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 EMPA(State)Amount
Prior Payments
This Payment
Unexpended Funds
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE PROGRAM
Form 2
DETAIL OF CLAIMS
1. SALARIES AND BENEFITS COSTS
County Costs Incurred During the Period of: / / to / / Claim Number:
Name of Employees Job Title % of Time Salary $ Charged Fringe Benefits $
Charged to this Grant Charged to this
to this Grant
Grant
TOTALS $0.00 $0.00
Total Salaries and Benefits Charged to this Grant $0.00
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE PROGRAM
Form 3
2.-5. DETAIL OF CLAIMS
CATEGORY#
(Please use only one form per category. Pick from 2.-5.)
2. Other Personal/Contractual Services (OPS)
3. Expenses
4. Operating Capital Outlay(OCO)
5. Fixed Capital Outlay(FCO)
County Costs Incurred During the Period of: / / to _/ /_ Claim Number:
Vendor Briefly Describe Services Provided for EM Date Received/ Date Paid Check Amount
Date of Services Number
\ Total
� $0.00
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT-EMPA BASE GRANT
LOCAL EMERGENCY MANAGEMENT BUDGET
Form 4
County Reduction in
County Reduction in Contribution County Budget
Contribution County Budget (%)Based on (%)Based on
2012-2013 2011-2012 2010-2011 Average of 3 (%)Based on 3 (%)Based on 3 Previous Year Previous Year
County LOCAL LOCAL LOCAL years year average year average Budget(12-13) Budget(12-13) Comments
(10/1/12-9/30/13) (10/1/11-9/30/12) (10/1/10-9/30/11)
$0 #DIV/0! #DIV/0! #DIV/0! #DIV/0!
This form is to be completed and sent along with the signed agreements for execution. Required with this form the county needs to provide a copy of the current
Emergency Management Local Budget(General Revenue).
27P-19.011 Match Requirements.
(1)Base Grants shall be matched at an amount either equal to the average of the previous three years'level of county general revenue funding of the County Emergency Management Agency
or the
level of funding for the County Emergency Management Agency for the last fiscal year,whichever figure is lower.County general revenue funding for 911 services,emergency medical services,law
enforcement,criminal justice,public works or other services outside the emergency management responsibilities assigned to the County Emergency Management Agency by Section 252.38,
Florida
Statutes,shall not be included in determining the"level of county funding of the County Emergency Management Agency."Each county shall certify compliance with this rule chapter and
this rule, as
a condition precedent to receipt of funding.
(2)If the Base Grant recipient demonstrates that exceptional financial circumstances prevent the Base Grant recipient from complying with the match requirements in subsection 27P-19.011(1),
F.A.C.,then the Base Grant recipient may request that the Division authorize a reduction in the amount of match required.The match required shall not be reduced by a percentage amount
in
excess of reductions in funding for county 911 services,emergency medical services,law enforcement,criminal justice, public works or other emergency management related services,and
shall not
be reduced below twenty-five(25)percent of the Base Grant award.To be eligible for any reduction,the Base Grant recipient shall demonstrate and certify that the reduction is due
to reductions in
county general revenue funding and that the amount of the requested reduction is equivalent to across the board reductions in all county budgets.County requests for reduction shall
be signed by
the county's chief elected officer and the certification of reduction in county budget funding shall be signed by the county's chief financial officer. Requests shall certify the
intent to return to pre-
reduced funding as soon as practicable,and shall provide an estimate of the date at which the county will return to the current level of funding.Requests for reduction shall also
be accompanied by
financial data for the previous three years indicating:the level of county funding for the County Emergency Management Agency budget; budget detail regarding all individual items
of the County
Emergency Management Agency budget;and the proposed level of funding,for all budget items,if the reduction is authorized by the Division.All requests for match reduction shall be
submitted no
later than forty-five(45)days prior to the beginning of the county fiscal year,or the opportunity to request shall be waived.
County
COUNTY EMERGENCY MANAGEMENT AGENCY
ANTICIPATED SALARIES S BENEFITS
STAFFING DETAIL
Form 5
FY 2013-2014
LOCAL STATE/FEDERAL
Approx.#of Annual % % % % % % %
Hrs./Week Total Salaries County Other EMPA EMPG Hazardous Materials Other Total
Devoted to &Benefits$ General Fund Local Base Grant Base Grant Planning Grant State or Federal 11111
Name&Position Title EM Activities by Position (Local) Funds (State) (Federal) (State) Funds Funds
[1] [2] 3] [4] [5] [6] [7] [$] [9] 1101
DIRECTIONS:
1. In column 1,list titles of ALL Emergency Management Agency staff,regardless of funding.
2. Complete column 2 for each position.
3. In column 3 list total anticipated annual amount of Salaries and Benefits to be paid for each position.
4. In columns 4-9,provide the funding distribution(%)in each applicable column for amounts in column 3.
5. Column 10 is the sum of columns 4 through 9 and must equal 100%.
CONSENT
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Honorable Board of County Commissioners
THROUGH: Joseph A. Baird, County Administrator
THROUGH: John King, Director '
Department of Emerg y ervices
FROM: Dale Justice, Emergency Management Coordinator
Department of Emergency Services
DATE: October 29, 2013
SUBJECT: Acceptance of the State Homeland Security Grant Program - Emergency
Management Subgrant Agreement 14-DS-L5-10-40-01-XXX
It is respectfully requested that the information contained herein be given formal consideration
by the Board of County Commissioners at the next scheduled meeting.
DESCRIPTION AND CONDITIONS:
The 2012 State Homeland Security Grant Program (SHSGP) provides funding for adequate
assessment, planning and exercise for state/local security threats and natural or manmade
disasters, and is pursuant to State Rule Chapter 9G-6 Florida Administrative Code and Chapter
252 Florida Statutes. The Department of Homeland Security, through the State of Florida,
Division of Emergency Management allocates funding to Indian River County Emergency
Management. The total funding allocated with this agreement is $15,778.00. The funding
associated with this agreement (14-DS-L5-10-40-01-XXX) has been approved by the state and
designated for training and exercise purposes and includes validation of multiple existing
capabilities within the Indian River County Comprehensive Emergency Management Plan.
FUNDING:
This is a 100% cost reimbursement agreement and no match is required by Indian River County.
The County will be reimbursed up to $15,778.00 for qualified expenditures such as consultant
fees associated with emergency planning, training or exercise activities outlined in Attachment
"C". The term of the agreement is from execution of this agreement through May 31, 2015. The
state recognizes line-item changes may occur after execution of the contract(i.e. due to cost
savings or reprioritization by the FDEM), with their written approval. For these reasons, staff
requests authorization to make these adjustments rather than return the funding for reallocation
to other counties.
,AM-
147
Total SHSGP funds $15,778.00
00120825-033490-14803—Other Contractual Services $15,778.00
RECOMMENDATION:
Staff recommends approval of the grant and the expenditures as directed in the Federally Funded
Subgrant Agreement (14-DS-L5-10-40-01-XXX) and to authorize the Chairman to execute this
agreement between Indian River County Emergency Management and the State of Florida,
Division of Emergency Management.
ATTACHMENTS:
1. Four(4) Original Copies of Agreement#14-DS-L5-10-40-01-XXX
2. Indian River County Office of Budget and Management Grant Form
APPROVED FOR AGENDA
Indian River County Approved Date
FOR: November 05, 2013 Administrator r�3� f5
r. Legal A
, —
BY Budget
.TOS ph A. Baird Risk Management
County Administrator Department c.y,.
148
00py,
g u.
Contract Number: 14-DS-L5-10-40-01-
CFDA Number 97.067
FEDERALLY-FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the"Division"), and Indian River
County, (hereinafter referred to as the"Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and
B. The Division has 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 D.
(3) PERIOD OF AGREEMENT.
This Agreement shall begin upon execution by both parties whichever is later, and shall
end May 31, 2015, unless terminated earlier in accordance with the provisions of Paragraph (12) of this
Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the
Federal OMB Circular No. A-102, "Common Rule: Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments" (53 Federal Register 8034) or OMB Circular
No.A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost
�y�' l
Principles for State, Local and Indian Tribal Governments," OMB Circular No. A-21, "Cost Principles for
Educational Institutions,"or OMB Circular No. A-122, "Cost Principles for Non-profit Organizations."
(b) The Recipient shall retain sufficient records to show its compliance with the terms of
this Agreement, and the compliance of all subcontractors or consultants paid from funds under this
Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division
or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon
request. The Recipient shall ensure that audit working papers are available to them upon request for a
period of five years from the date the audit report is issued, unless extended in writing by the Division.
The five year period may be extended for the following exceptions:
1. If any litigation, claim or audit is started before the five year period expires,
and extends beyond the five year period, the records shall be retained until all litigation, claims or audit
findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at
$5,000 or more at the time it is acquired shall be retained for five years after final disposition.
3. Records relating to real property acquired shall be retained for five years after
the closing on the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of the 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 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
/YY-3
(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.
6) The Recipient shall have all audits completed by an independent certified public
accountant(IPA), either a certified public accountant or a public accountant licensed under Chapter 473,
Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The
audit must be received by the Division no later than nine months from the end of the Recipient's fiscal
year.
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close-out report.
These reports shall include the current status and progress by the Recipient and all subrecipients and
subcontractors in completing the work described in the Scope of Work and the expenditure of funds under
this Agreement, in addition to any other information requested by the Division.
(b) Quarterly reports are due to the Division no later than 30 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are March 31, June 30, September 30
and December 31.
(c) The close-out report is due 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, "Acceptable to the
Division" means that the work product was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be
required by the Division.
(f) The Recipient shall provide additional reports as requested by the Division.
1411.4
(8) MONITORING.
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that
time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished
within the specified time periods, and other performance goals are being achieved. A review shall be
done for each function or activity in Attachment A and 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 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:
/H9 '5
County
COUNTY EMERGENCY MANAGEMENT AGENCY
ANTICIPATED SALARIES & BENEFITS
STAFFING DETAIL
Form 5
FY 2013-2014
LOCAL STATE/FEDERAL
Approx.#of Annual % % % % % % %
Hrs./Week Total Salaries County Other EMPA EMPG Hazardous Materials Other Total
Devoted to &Benefits$ General Fund Local Base Grant Base Grant Planning Grant State or Federal All
Name&Position Title EM Activities by Position (Local) Funds (State) (Federal) (State) Funds Funds
[7] [2] [3] [4] [5] [6] [7] [8] [9] 1101
DIRECTIONS:
1. In column 1, list titles of ALL Emergency Management Agency staff, regardless of funding.
2. Complete column 2 for each position.
3. In column 3 list total anticipated annual amount of Salaries and Benefits to be paid for each position.
4. In columns 4-9,provide the funding distribution(%)in each applicable column for amounts in column 3.
5. Column 10 is the sum of columns 4 through 9 and must equal 100%.
NOTE: THIS SUMMARY MUST BE DEVELOPED AND SIGNED BY AN OFFICIAL OF THE COUNTY'S FINANCE OFFICE
COUNTY
COUNTY EMERGENCY MANAGEMENT AGENCY EXPENDITURES
HISTORICAL SUMMARY BY EXPENDITURES FOR AGREEMENT PERIOD 2012-2013
(Dates: July 1,2012-June 30,2013)
FORM 6
LOCAL STATEIFEDERAL TOTAL
County General Fund State Portion of EMPA Federal Portion of Hazardous Materials Other State OR Federal Total Stats and/or Total County EM Agency
Expenditure Categories
(Local) Other Local Funds Local Base Grant EMPG Base Grant Planning Grant(state) Funds Federal Funds Funding
a b a+b-cd e d+s+f+-h a+h=
-
1. Salaries&Benefits
2. Other Personal/Contractual Ser.
3. Expenses
4. Operating Capital Outlay
5. Fixed Capital Outlay
Total Expenditures$
Amount of funds provided as match for Federal portion of grant(EMPG) $
Federal funds under the EMPG agreement shall be matched dollar for dollar from non-federal funds(example:EMPA,Local,etc...)
I hereby certify that the above figures represent the actual funding source for the Emergency Management Agency for Fiscal Year 2012-2013 and does not include disaster-related
response or recovery costs nor any other costs incurred by other Departments.
Signed
Title
Date
AGREEMENT PERIOD 2012-2013-This will consist of the last quarter of the county's fiscal year 2011-2012 and the first three quarters of the county's fiscal year 2012-2013
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Emergency Management Preparedness and Assistance Grant Program
Form 7
Close-Out Report
This form should be completed and submitted to the Division no later than forty-five(45)days after the termination date of
the Agreement.
Grantee Agreement No.
Address Agreement Amount
City and State Agreement Period
Payments Received Under this Aqreement
(Include any advanced funds and final requested payment)
By Category-Total Contract
Cost Categories Expenditures Date Amount
Salary and Benefits
1
Other Personal/Contractual
Services
2
Expenses
3
Operating Capital Outlay
(Equipment)
4
Fixed Capital Outlay
5
Total
$0.00 Total 6 $0.00
Agreement Amount
Minus Total Payments
(Including final requested funds—Line 6)
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
Form 8
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE BASE GRANT PROGRAM
EXPENDITURE CATEGORY DEFINITIONS
1 SALARY AND BENEFITS:
The cash compensation for services rendered by a regular employee in an established position for a
specific period of time.
2 OTHER PERSONAL/CONTRACTUAL SERVICES (OPS):
The compensation for services by a person who is not a regular or full-time employee filling an
established position. This shall include but not be limited to, temporary employees, student or
graduate assistants, fellowships, part time academic employment, board members, consultants, and
other services specifically budgeted by each agency in this category.
3 EXPENSES:
The usual, ordinary, and incidental expenditures by an agency, including, but not limited to,
commodities and supplies of a consumable nature, current obligations, and fixed charges, and
excluding expenditures classified as operating capital outlay. Payments to other funds or local, state,
or federal agencies are included in this budget classification of expenditures.
4 OPERATING CAPITAL OUTLAY:
Equipment, fixtures and other tangible personal property of a non-consumable nature and has a
normal expected life of one year or more.
5 FIXED CAPITAL OUTLAY:
Real property (land, buildings including appurtenances, fixtures and fixed equipment, structures, etc.),
including additions, replacements, major repairs, and renovations to real property which materially
extend its useful life or materially improve or change its functional use, and including operating capital
outlay necessary to furnish and operate a new or improved facility.
/yl 7
(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.
/1f 6
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in
this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive
any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient.
(12) TERMINATION.
(a) The Division may terminate this Agreement for cause after thirty days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the
Division because of any breach of Agreement by the Recipient. The Division may, to the extent
authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of
damages due the Division from the Recipient is determined.
(13) NOTICE AND CONTACT.
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at
the address below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Joshua Bradt
2555 Shumard Oak Blvd. Room 120.03
Tallahassee, FL 32399-2100
Telephone: (850) 922-1747
Fax: (850) 922-8689
Email:Joshua.Bradt@em.myflorida.com
/,Df-7
(c) The name and address of the Representative of the Recipient responsible for the
administration of this Agreement is:
Telephone: 154
Fax:'lrla- 3a3
Email: j Jy.Ctx�
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided as outlined in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the
unsigned subcontract must be forwarded to the Division for review and approval before it is executed by
the Recipient. The Recipient agrees to include in the subcontract that(i) the subcontractor is bound by
the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and
regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement, to the
extent allowed and required by law. The Recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A-Budget
Attachment B-Scope of Work
Attachment C - Deliverables
Attachment D-Program Statutes and Regulations
Attachment E-Justification of Advance Payment
Attachment F -Warranties and Representations
/V-s
Attachment G—Certification Regarding Debarment
Attachment H — Statement of Assurances
Attachment I— Reimbursement Checklist
(17) FUNDING/CONSIDERATION
(a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for
costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $15,778.00,
subject to the availability of funds.
(b) Any advance payment under this Agreement is subject to Section 216.181(16),
Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph
(12)(b) of this Agreement. The amount which maybe advanced may not exceed the expected cash
needs of the Recipient within the first three (3) months of the contract term. For a federally funded
contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash
Management Improvement Act of 1990. All advances are required to be held in an interest-bearing
account. If an advance payment is requested, the budget data on which the request is based and a
justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the
amount of advance payment needed and provide an explanation of the necessity for and proposed use of
these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the
submittal of a request for advanced payment.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A and 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 grant manager as part of the Recipient's
quarterly reporting as referenced in Paragraph 7 of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or
under subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to make any
further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty
days of receiving notice from the Division.
//Zyf 9
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 interest earned on all funds received under this Agreement, within ninety(90)
days of the expiration of the award Agreement.
The Recipient shall comply with all applicable procurement rules and regulations in securing
goods and services to implement the Scope of Work. Whenever required by law or otherwise permitted,
the Recipient shall utilize competitive procurement practices.
Allowable costs shall be determined in accordance with applicable Office of Management and
Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST
PRINCIPLES AND PROCEDURES.
Any requests received after May 31, 2015, 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.
(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
/`/'j -10
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, any one of which
may be taken as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act(Public Law
101-336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on
the basis of disability in employment, public accommodations, transportation, State and local government
services, and telecommunications.
(f) Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives
funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief,
that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public(federal, state or local) transaction or contract under public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a
governmental entity(federal, state or local) with commission of any offenses enumerated in paragraph
19(8)2. of this certification; and
4. have not within a five-year period preceding this Agreement had one or more
public transactions (federal, state or local) terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition,the Recipient shall send to the Division (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary
Exclusion" (Attachment G)for each intended subcontractor which Recipient plans to fund under
this Agreement. The form must be received by the Division before the Recipient enters into a
contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof. .
(j) Any bills for travel expenses shall be submitted in accordance with Section 112.061,
Fla. Stat. The provisions of any special or local law, present or future, shall prevail over any conflicting
provisions in this section, but only to the extent of the conflict.
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient
refuses to allow public access to all documents, papers, letters or other material subject to the provisions
of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement.
(1) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
(m) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act
("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division.
(n) The Recipient is subject to Florida's Government in the Sunshine Law(Section
286.011, Fla. Stat.)with respect to the meetings of the Recipient's governing board or the meetings of
any subcommittee making recommendations to the governing board. All of these meetings shall be
publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available
to the public in accordance with Chapter 119, Fla. Stat.
(o) All 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
11- 12
llyf• 13
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property
exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which
accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
(23) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment H.
/70- 4
* M4{
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RECIPIENT:
By:
Name and Title:���� �.•Re�e _C �TmQ�
Date:
FID#
DUNS# MOQCa %, S n
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title: Bryan Koon, Director
Date:
Attest: Jeffrey R. Smith, Clerk of
Court and Comptroller
APPROVED
By. Deputy Clerk
County Administrator
�yy is
EXHIBIT— 1
THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
NOTE: If the resources awarded to the Recipient are from more than one Federal program, provide the
same information shown below for each Federal program and show total Federal resources awarded.
Federal Program
Federal agency: U.S. Department of Homeland Security/Federal Emergency Management
Agency
Catalog of Federal Domestic Assistance title and number: 97.067
Award amount: $15,778.00
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES
AWARDED UNDER THIS AGREEMENT:
44 CFR, (Code of Federal Regulations) Part 13 (Common Rule)
OMB Circular A-21, A-102, A-110, A-122, A-128, A-87 and A-133
NOTE. If the resources awarded to the Recipient represent more than one Federal program, list
applicable compliance requirements for each Federal program in the same manner as shown below.
Federal Program:
List applicable compliance requirements as follows:
1. Recipient is to use funding to perform the following eligible activities as identified in the United
States Department of Homeland Security, Federal Emergency Management Agency, National
Preparedness Directorate Fiscal Year 2013 Homeland Security Grant Program (HSGP),
consistent with the Department of Homeland Security State Strategy.
2. Recipient is subject to all administrative and financial requirements as set forth in this Agreement,
or will be in violation of the terms of the Agreement.
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes,
require that the information about Federal Programs and State Projects included in Exhibit 1 be provided
to the Recipient.
`y�- 16
ATTACHMENT A
Proposed Program Budget
.l Below is a general budget which outlines eligible categories and their allocation under this award. The Recipient is to
utilize the"Proposed Program Budget"as a guide for completing the"Budget Detail Worksheet"below.
.l The equipment category will require a"Detailed Budget Worksheet"including the proposed equipment to be purchased and
the corresponding Authorized Equipment List(AEL)reference number.The AEL can be found at www.rkb.us.
,l The transfer of funds between the categories listed in the"Proposed Program Budget"is permitted. However,the transfer
of funds between Issues is strictly prohibited.
-Ilk At the discretion of the Recipient,funds allocated to Management and Administration costs(as described in the"Proposed
Program Budget")may be put towards Programmatic costs instead. However, no more than 3%of each Recipients'total
award may be expended on Management and Administration costs.
�
Planning and Training $15,778.00
Indian River County
FY 2013-Homeland Security Management and Administration
Grant Program—Issue 5 (the dollar amount which corresponds to 3%
of the total local agency allocation is shown
in the column on the right).
Page 1 of 15
Budget Detail Worksheet
The Recipient is required to provide a completed budget detail worksheet,to the Division,which accounts for the total award as
described in the"Proposed Program Budget'.
If any changes need to be made to the"Budget Detail Worksheet', after the execution of this agreement,contact the grant manager
listed in this agreement via email or letter.
FY2013 IndianCo Issue 5 Budget • Eligible Activities
Developing hazard/threat-specific annexes that incorporate the range of
prevention,protection, response,and recovery activities
Developing and implementing homeland security support programs and
adopting ongoing DHS national initiatives
Developing related terrorism prevention activities
Developing and enhancing plans and protocols
Developing or conducting assessments
Hiring of full or part-time staff or contractors/consultants to assist with
planning activities(not for the purpose of hiring public safety personnel 1 15,778.00 15,778.00 5
fulfilling traditional public safety duties)
Conferences to facilitate planning activities
Materials required to conduct planning activities
Travel/per diem related to planning activities
Overtime and backfill costs(in accordance with operational Cost
Guidance)
Other projects areas with prior approval from FEMA
Issuance of WHTI-compliant tribal identification cards(HSGP only)
Activities to achieve planning inclusive of people with disabilities
Developing, Delivering,and Evaluating Training
Overtime and backfill for emergency preparedness and response
personnel attending FEMA-sponsored and approved training classes.
Overtime and backfill expenses for part-time and volunteer emergency
response personnel participating in FEMA training.
Training Workshops and Conferences
Activities to achieve training inclusive of people with disabilities
Full or Part-Time Staff or Contractors/Consultants
Certification/Recertification of Instructors
Page 2 of 15
Travel
Supplies
Tuition for higher education
Other items
A complete list of FEMA approved courses may be found at www.o'p.usdod.gov/FEMA/docs/Eligible Federal Courses.pdf
Hiring of full-time or part-time staff or contractors/consultants:
.4 To assist with the management of the respective grant program
1 To assist with application requirements of the grant program
.l To assist with the compliancy with reporting and data collection as
it may relate to the grant program
Development of operating plans for information collection and
processing necessary to respond to DHS/ODP data calls.
Costs associate with achieving emergency management that is
inclusive of the access and functional needs of workers and
citizens with disabilities.
Overtime and backfill costs—Overtime expenses are defined as the
result of personnel who worked over and above their normal scheduled
daily or weekly worked time in the performance of FEMA—approved
activities.Backfill Costs also called"Overtime as Backfill"are defined as
expenses from the result of personnel who are working overtime in
order to perform the duties of other personnel who are temporarily
assigned to FEMA—approved activities outside their core
responsibilities. Neither overtime nor backfill expenses are the result of
an increase of Full—Time Equivalent(FTEs)employees.These costs
are allowed only to the extent the payment for such services is in
accordance with the policies of the state or unit(s)of local government
and has the approval of the state or the awarding agency,whichever is
applicable.In no case is dual compensation allowable.That is,an
employee of a unit of government may not receive compensation from
their unit or agency of government AND from an award for a single
period of time(e.g., 1:00 pm to 5:00 pm),even though such work may
benefit both activities. Fringe benefits on overtime hours are limited to
Federal Insurance Contributions Act(FICA),Workers'Compensation
and Unemployment Compensation.
Travel expenses
Meeting-related expenses(For a complete list of allowable meeting-
related expenses,please review the OJP Financial Guide at
hftp://www.ojp.usdoj.gov/FinGuide).
Acquisition of authorized office equipment, including personal
computers,laptop computers, printers,LCD projectors,and other
equipment or software which may be required to support the
implementation of the homeland security strategy.
The following are allowable only within the contract period:
,4 Recurring fees/charges associated with certain equipment,such as
cell phones,faxes,etc.
1 Leasing and/or renting of space for newly hired personnel to
administer programs within the grant program.
Page 3 of 15
ATTACHMENT B
Scope of Work
Funding is provided to perform eligible activities as identified in the Domestic Homeland Security—Federal Emergency Management Agency
National Preparedness Directorate Fiscal Year 2013 Homeland Security Grant Program(HSGP),consistent with the Department of Homeland
Security State Strategy. Eligible activities are outlined in the Scope of Work for each category below:
I. Issue and Project Description
Issue 5—Local Planning,Training and Exercise: This project will allow counties to execute a training plan that will test the
knowledge,skills and abilities of personnel,organizations and the public/private partnerships and ensure that personnel involved in
Emergency Operation Center operations/on-site incident management have and continue to receive appropriate training to fulfill their
role as required by the National Response Framework,
It. Categories and Eligible Activities
FY2013 allowable costs are divided into the following categories:planning,training,exercises,management and administration
cost are allowable cost. Each category's allowable costs have been listed in the"Budget Detail Worksheet"above.
A. Planning
Developing hazard/threat-specific annexes that incorporate the range of prevention,protection,response,and recovery
activities.
Developing and implementing homeland security support programs and adopting DIIS national initiatives including but not
limited to the following:
• Implementing the National Preparedness Guidelines(NPG)and the Whole community approach to Security and
Emergency Management
• Pre-event recovery planning
• Implementing the National Infrastructure Protection Plan(NIPP)and associated Sector Specific Plans
• Enhancing and implementing Statewide Communication Interoperability Plans(SC1P)and Tactical Interoperable
Communications Plans(TICP)that align with the goals,objectives,and initiatives of the National Emergency
Communications Plan(NECP)
• Costs associated with the adoption,implementation,and adherence to NIMS compliance requirements,including
implementing the NIMS National Credentialing Framework
• Modifying existing incident management and EOPs to ensure proper alignment with the National Response Framework
(NRF)coordinating structures,processes,and protocols
• Establishing or enhancing mutual aid agreements
• Developing communications and interoperability protocols and solutions
• Conducting local,regional,and tribal program implementation meetings
• Developing or updating resource inventory assets in accordance to typed resource definitions issued by the NIMS
Integration Center(NIC)
• Designing State and local geospatial data systems
• Developing and conducting public education and outreach campaigns,including promoting individual,family,and
organizational emergency preparedness;alerts and warnings education;promoting training,exercise,and volunteer
opportunities;informing the public about emergency plans,evacuation routes as well as CBRNE prevention awareness
• Designing programs to address targeting at-risk populations and engaging them in emergency management planning efforts
• Activities,materials,service,tools and equipment to achieve planning,protection,mitigation,response and recovery that is
inclusive of people with disabilities(physical,programmatic and communications access for people with physical,sensory,
mental health,intellectual and cognitive disabilities)
• Preparing materials for State Preparedness Reports(SPRs)
• WHTI implementation activities including the issuance of WHTI-compliant tribal identification cards
Developing related terrorism prevention activities including:
• Developing THIRA that reflects a representative make rip and composition of jurisdiction
• Developing initiatives that directly support local efforts to understand,recognize,prepare for,prevent,mitigate,and
respond to pre-operational activity and other crimes that are precursors or indicators of terrorist activity,in accordance with
civil rights/civil liberties protections
• Developing law enforcement prevention activities,to include establishing and/or enhancing a fusion center
• Hiring an IT specialist to plan,develop,and implement the IT applications necessary for a fusion center
• Developing and planning for information/intelligence sharing groups
20
• Integrating and coordinating fire service,emergency management,public health care,public safety,and health security
data-gathering(threats to human and animal health)within State and Major Urban Area fusion centers to achieve early
warning and mitigation of health events
• Integrating and coordinating private sector participation with fusion center activities
• Acquiring systems allowing connectivity to State,local,tribal,territorial,and Federal data networks,such as the National
Crime Information Center(NCIC)and Integrated Automated Fingerprint Identification System(IAFIS),as appropriate
• Planning to enhance security during heightened alerts,terrorist incidents,and/or during mitigation and recovery
• Multi-discipline preparation across first responder community,including EMS for response to catastrophic events and acts
of terrorism
• Accessible public information/education:printed and electronic materials,public service announcements,seminars/town
hall meetings,and web postings coordinated through local Citizen Corps Councils or their equivalent
• Conducting public education campaigns including promoting suspicious activity reporting and preparedness;individual,
family,and organizational emergency preparedness,promoting the Ready campaign;and/or creating State,regional,or
local emergency preparedness efforts that build upon the Ready campaign
• Evaluating Critical Infrastructure Protection(CIP)security equipment and/or personnel requirements to protect and secure
sites
• CIP cost assessments,including resources(e.g.,financial,personnel)required for security enhancements/deployments
• Multi-Jurisdiction Bombing Prevention Plans(MJBPP)
• Underwater Terrorist Protection Plans
Developing and enhancing plans and protocols,including but not limited to:
• Community-based planning to advance"whole community"security and emergency management
• Incorporating government/non-governmental collaboration,citizen preparedness,and volunteer participation into State and
local government homeland strategies,policies,guidance,plans,and evaluations
• Developing,enhancing,maintaining a current F,OP that conforms to the guidelines outlined in the CPG 101 v.2
• Developing or enhancing local,regional,or Statewide strategic or tactical interoperable emergency communications plans
• Activities associated with a conversion from wideband to narrowband voice channels to support interoperability
• Implementing Statewide Communications Interoperability Plan(SCIP)and Tactical Interoperable Communications Plans
(TICPs)that align with the goals,objectives,and initiatives of the National Emergency Communications Plan(NECP)
• Developing protocols or standard operating procedures for specialized teams to incorporate the use of equipment acquired
through this grant program
• Developing terrorism prevention/protection plans
• Developing plans,procedures,and requirements for the management of infrastructure and resources related to HSGP and
implementation of State or Urban Area Homeland Security Strategies
• Developing plans for mass evacuation and pre-positioning equipment
• Developing or enhancing plans for responding to mass casualty incidents caused by any hazards
• Developing or enhancing applicable procedures and operational guides to implement the response actions within the local
plan including patient tracking that addresses identifying and tracking children,access and functional needs population,
and the elderly and keeping families intact where possible
• Developing or enhancing border security plans
• Developing or enhancing cyber security and risk mitigation plans
• Developing or enhancing secondary health screening protocols at major points of entry(e.g.,air,rail,port)
• Developing or enhancing cyber risk mitigation plans
• Developing or enhancing agriculture/food security risk mitigation,response,and recovery plans
• Developing public/private sector partnership emergency response,assessment,and resource sharing plans
• Developing or enhancing plans to engage and interface with,and to increase the capacity of,private sector/non-
governmental entities working to meet the human service response and recovery needs of survivors
• Developing or updating local or regional communications plans
• Developing plans to support and assist jurisdictions,such as port authorities and rail and mass transit agencies
• Developing or enhancing continuity of operations and continuity of government plans
• Developing or enhancing existing catastrophic incident response and recovery plans to include and integrate Federal assets
provided under the NRF
• Developing plans and response procedures for validating and responding to an alarm from a chemical or biological detector
(response procedures should include emergency response procedures integrating local first responders)
• Developing or enhancing evacuation plans
• Developing mechanisms for utilizing the National Emergency Family Registry and Locator System(NEFRLS)
• Developing or enhancing plans to prepare for surge capacity of volunteers
• Developing or enhancing the State emergency medical services systems
• Developing or enhancing plans for donations and volunteer management and the engagement/integration of private
sector/non-governmental entities in preparedness,response,and recovery activities
• Developing or enhancing Bombing Prevention Plans
• Developing school preparedness plans
• Developing preparedness plans for child congregate care facilities,including group residential facilities,juvenile detention
facilities,and public/private child care facilities
21
/7 el Z/
• Ensuring jurisdiction EOPs adequately address warnings,emergency public information,evacuation,sheltering,mass care,
resource management from non-governmental sources,unaffiliated volunteer and donations management,and volunteer
resource integration to support each Emergency Support Function,to include appropriate considerations for integrating
activities,materials,services,tools and equipment to achieve planning inclusive of people with disabilities(physical,
programmatic and communications access for people with physical,sensory,mental health,intellectual and cognitive
disabilities). Developing and implementing civil rights,civil liberties,and privacy policies,procedures,and protocols
• Designing and developing State,local,tribal,and territorial geospatial data systems
• Developing and implementing statewide electronic patient care reporting systems compliant with the National Emergency
Medical Services Information System(NEMSIS)
• Costs associated with inclusive practices and the provision of reasonable accommodations and modifications to provide
full access for children and adults with disabilities
Developing or conducting assessments,including but not limited to:
• Developing pre-event recovery plans
• Conducting point vulnerability assessments at critical infrastructure sites/key assets and develop remediation/security plans
• Conducting or updating interoperable emergency communications capabilities assessments at the local,regional,or
Statewide level
• Developing,implementing,and reviewing Area Maritime Security Plans for ports,waterways,and coastal areas
• Updating and refining threat matrices
• Conducting cyber risk and vulnerability assessments
• Conducting assessments and exercising existing catastrophic incident response and recovery plans and capabilities to
identify critical gaps that cannot be met by existing local and State resources
• Conducting Bombing Prevention Capability Analysis
• Activities that directly support the identification of specific catastrophic incident priority response and recovery projected
needs across disciplines(e.g.,law enforcement,fire,EMS,public health,behavioral health,public works,agriculture,
information technology,and citizen preparedness)
• Activities that directly support the identification of pre-designated temporary housing sites
• Conducting community assessments,surveys,and research of vulnerabilities and resource needs,to determine how to meet
needs and build effective and tailored strategies for educating individuals conducting assessments of the extent to which
compliance with the integration mandate of disability laws is being achieved
• Soft target security planning(e.g.,public gatherings)
Identify resources for medical supplies necessary to support children during an emergency,including pharmaceuticals and
pediatric-sized equipment on which first responders and medical providers are trained
Ensuring subject matter experts,durable medical equipment,consumable medical supplies and other resources
required to assist children and adults with disabilities to maintain health,safety and usual level of independence in general
population environments
Developing and implementing a community preparedness strategy for the State/local jurisdiction
Establishing,expanding,and maintaining volunteer programs and volunteer recruitment efforts that support disaster
preparedness strategy for the State/local jurisdiction
• Citizen support for emergency responders is critical through year-round volunteer programs and as surge capacity in
disaster response,including but not limited to:citizen Corps Affiliate Programs and Organizations,Community Emergency
Response Team(CERT),Fire Corps,Medical Reserve Corps(MRC),Neighborhood Watch/UASonWatch,volunteers in
Police Service(VIPS),and jurisdiction specific volunteer efforts
Establishing and sustaining Citizen Corps Councils or their equivalent
Working with youth-serving organizations to develop and sustain a youth preparedness program
B. Training
Allowable training-related costs include,but are not limited to,the following:
• Developing,Delivering,and Evaluating Training—Includes costs related to administering the training,planning,
scheduling,facilities,materials and supplies,reproduction of materials,disability accommodations and equipment.
Training should provide the opportunity to demonstrate and validate skills learned,as well as to identify any gaps in
these skills. Any training gaps,including those for children and individuals with disabilities or access and functional
needs is allowable(e.g.,sign language interpreters,communication Access Realtime Translation[CART]and other
modifications of policies and practices to fully include participants with disabilities). Stakeholders are also
encouraged to leverage existing training provided via educational/professional facilities and to incorporate non-
1n- 22
traditional methodologies such as the internet,distance learning,or home study whenever such delivery supports
training objectives. Pilot courses and innovative approaches to training citizens and instructors are encouraged.
• Training that promotes individual,family,or community safety and preparedness is encouraged,including: all-
hazards safety training such as emergency preparedness,basic first aid,life saving skills,crime prevention and
terrorism awareness,school preparedness,public health issues,mitigation/property damage prevention,safety in the
home,light search and rescue skills,principles of NIMS/ICS,volunteer management and volunteer activities,serving
and integrating people with disabilities,pet care preparedness,CPR/AED training,identity theft workshops,terrorism
awareness seminars,and disability-inclusive community preparedness conferences. The delivery of the CERT Basic
Training Course and supplement training for CERT members who have completed the basic training,the CERT
Train-the-Trainer Course,and the CERT Program Manager Course are strongly encouraged.
• Overtime and Backfill—The entire amount of overtime costs,including payments related to backfilling personnel,
which are the direct result of attendance at FEMA and/or approved training courses and programs,are allowable.
These costs are allowed only to the extent the payment for such services is in accordance with the policies of the State
or unit(s)of local government and has the approval of the State or the awarding agency,whichever is applicable.In
no case is dual compensation allowable.That is,an employee of a unit of government may not receive compensation
from their unit or agency of government AND from an award for a single period of time(e.g., 1:00 p.m.to 5:00
p.m.),even though such work may benefit both activities.
• Travel—Costs(e.g.,airfare,mileage,per diem,hotel)are allowable as expenses by employees who are on travel
status for official business related to approved training.
• Hiring of Full or Part-Time Staff or Contractors/Consultants—Payment of salaries and fringe benefits to full or
part-time staff or contractors/consultants must be in accordance with the policies of the State or unit(s)of local
government and have the approval of the State or awarding agency,whichever is applicable.Such costs must be
included within the funding allowed for program management personnel expenses.In no case is dual compensation
allowable.
• Certification/Recertification of Instructors—States are encouraged to follow the NTE Instructor Quality Assurance
Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This
is particularly important for those courses that involve training of trainers. This information is contained in
Information Bulletin#193,issued October 20,2005. Additional information can be obtained at
h[ vu>ir.ema.>pv%r utda-ce%doii nloadL0146.
• Other Items—These costs include the rental of equipment and other expenses used specifically for exercises,costs
associated with inclusive practices and the provision of reasonable accommodations and modifications to provide full
access for children and adults with disabilities.
Unauthorized training-related costs include:
4- Reimbursement for the maintenance and/or wear and tear costs of general use vehicles(e.g.,construction
vehicles)medical supplies,and emergency response apparatus(e.g.,fire trucks,ambulances).
1 Equipment that is purchased for permanent installation and/or use,beyond the scope of exercise conduct(e.g.,
electronic messaging signs).
1 The purchase of food is not permissible under this grant,subject to prior approval of the Department of
Financial Services,explicitly authorized by 2 CFR,Part 225,Appendix B.While this is an allowable purchase
by DHS,please note that FDEM adheres to Florida Statues,which are more stringent than federal guidance.
Such expenditures are restricted to the rates specified for Class C meals in Section 112.061,Florida Statutes.
C. Exercises
Allowable exercise-related costs include:
• Funds Used to Design,Develop,Conduct,and Evaluate an Exercise—Includes costs related to planning,meeting
space and other meeting costs,facilitation costs,materials and supplies,travel,and documentation.Grantees are
encouraged to use government or free public space/locations/facilities,whenever available,prior to the rental of
space/locations/facilities. Exercises should provide the opportunity to demonstrate and validate skills learned,as well
as to identify any gaps in these skills. Any exercise or exercise gaps,including those for children and individuals
with disabilities or access and functional needs,should be identified in the AAR/IP and addressed in the exercise
cycle.
Hiring of Full or Part-Time Staff or Contractors/Consultants—Full or part-time staff may be hired to support
exercise-related activities.Such costs must be included within the funding allowed for program management
personnel expenses.
The applicant's formal written procurement policy or 44 CFR 13.36—whichever is more stringent—must be
followed.
/9' 23
(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
�y� 13
• 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 are allowable as expenses by employees who are on travel status for official business related to
the planning and conduct of exercise project(s)or HSEEP programmatic requirements as described in the HSEEP
website(e.g.,Improvement Plan Workshops,Training and Exercise Plan).
• Supplies—Supplies are items that are expended or consumed during the course of the planning and conduct of the
exercise project(s)(e.g.,copying paper,gloves,tape,non-sterile masks,and disposable protective equipment).
• Disability Accommodations—Materials,services,tools and equipment for exercising inclusive of people with
disabilities(physical,programmatic and communications access for people with physical sensory,mental health,
intellectual and cognitive disabilities).
• Other Items—These costs include the rental of equipment and other expenses used specifically for exercises,costs
associated with inclusive practices and the provision of reasonable accommodations and modifications to provide full
access for children and adults with disabilities.
Unauthorized exercise-related costs include:
4 Reimbursement for the maintenance and/or wear and tear costs of general use vehicles(e.g.,construction
vehicles)medical supplies,and emergency response apparatus(e.g.,fire trucks,ambulances).
4- Equipment that is purchased for permanent installation and/or use,beyond the scope of exercise conduct(e.g.,
electronic messaging signs).
1 The purchase of food is not permissible under this grant,subject to prior approval of the Department of
Financial Services,explicitly authorized by 2 CFR,Part 225,Appendix B.While this is an allowable purchase
by DHS,please note that FDEM adheres to Florida Statues,which are more stringent than federal guidance.
Such expenditures are restricted to the rates specified for Class C meals in Section 112.061,Florida Statutes.
Exercise Requirements
Training and Exercise Plan Workshop. States and Urban Areas are required to conduct an annual Training and Exercise Plan
Workshop(TEPW). A Multi-year Training and Exercise Plan must be developed from the workshops on an annual basis and
submitted to the States respective Exercise Program point of contact. The State Exercise Program point of contact should submit
a copy of the State and Urban Area plans to hsecr)(a)dhs.gov.
The Training and Exercise Plan will include the State's prioritized capability requirements and a Multi-Year Training and
Exercise Plan(schedule)that supports the identified capabilities. In addition to submission of the Multi-Year Training and
Exercise Plan to hseep c dhs.gov, all scheduled training and exercises should be entered into the HSEEP National Exercise
Scheduling(NEXUS)System,located in the HSEEP Toolkit on the HSEEP website https://hseep.dhs.gov.
States must complete a cycle of exercise activities during the period of this grant. Exercises conducted by States and Ur\ban
Areas may be used to fulfill similar exercise requirements required by other grants programs. To this end,grantees are
encouraged to invite representatives/planners involved with other federally-mandated or private exercise activities. States and
Urban areas are encouraged to share,at a minimum,the multi-year training and exercises schedule with those departments,
agencies,and organizations included in the plan.
• Exercise Scenarios.The scenarios used in HSGP-funded exercises must be based on the State/Urban Area's
Homeland Secdrity Strategy and plans.Acceptable scenarios for SIISP and UASI exercises include:chemical,
biological,radiological,nuclear,explosive,cyber,agricultural and natural or technological disasters.
The scenarios used in HSGP-funded exercises must focus on validating existing capabilities and must be large
enough in scope and size to exercise multiple tasks and warrant involvement from multiple jurisdictions and
disciplines and nongovernmental organizations and take into account the needs and requirements for individuals with
disabilities. Exercise scenarios should align with objectives and capabilities identified in the Multiyear Training and
Exercise Plan.
• Special Event Planning.If a State or Urban Area will be hosting a special event(e.g.,Super Bowl,G-8 Summit)the
special event planning should be considered as a training or exercise activity for the purpose of the Multi-year
/W 24
Training and Exercise Plan. The State or Urban Area should plan to use SHSP or UASI funding to finance training
and exercise activities in preparation for those events. States and Urban Areas should also consider exercises at
major venues(e.g.,arenas,convention centers)that focus on evacuations,communications,and command and
control.States should also anticipate participating in at least one Regional Exercise annually.States must include all
confirmed or planned special events in the Multi-year Training and Exercise Plan.
• Exercise Evaluation and Improvement.Exercises should evaluate performance ofthe objectives and capabilities
required to respond to the exercise scenario. Guidance related to exercise evaluation and improvement planning is
defined in the HSEEP located at https://hssep.diis.gov.
• Self-sustaining Exercise Programs. States are expected to develop a self-sustaining exercise program. A self-
sustaining exercise program is one that is successfully able to implement,maintain,and oversee the Multi-Year
Training and Exercise Plan,including the development and delivery of HSGP-funded exercises. The program must
utilize a multi-disciplinary approach to the development and delivery of exercises,and build upon existing plans,
training,and equipment.
• Role of Non-Governmental Entities in Exercises.Non-governmental participation in all levels of exercises is
strongly encouraged.Leaders from nongovernmental entities should be included in the planning,conduct,and
evaluation of an exercise.State,local,tribal,and territorial jurisdictions are encouraged to develop exercises that
test the integration and use of non-governmental resources provided by non-governmental entities,defined as the
private sector and private non-profit,faith-based,community,volunteer,and other non-governmental organizations.
Non-governmental participation in exercises should be coordinated with the local Citizen Corps Council(s)or their
equivalent and other partner agencies. The scenarios used in FISGP-funded exercises must focus on validating
existing capabilities,must comply with and be large enough in scope and size to exercise multiple activities and
warrant involvement from multiple jurisdictions and disciplines and non-governmental organizations,and take into
account the needs and requirements for individuals with disabilities.
D. Management and Administration-no more than 3%of each sub-recipient's total award may be expended on
Management and Administration costs.
Hiring of full-time or part-time staff or contractors/consultants:
• To assist with the management of the respective grant program
• To assist with application requirements
• To assist with the compliancy with reporting and data collection requirements
Development of operating plans for information collection and processing necessary to respond to
FEMA data calls
Overtime costs-Overtime are allowable for personnel to participate in information,investigative,and intelligence sharing
activities specifically related to homeland security and specifically requested by a Federal agency. Allowable costs are
limited to overtime associated with federally requested participation in eligible fusion activities including anti-terrorism
task forces,Joint Terrorism Task Forces(JTTFs),Area Maritime Security Committees(as required by Maritime
Transportation Security Act of 2002),DHS Border Enforcement Security Task Forces,and Integrated Border Enforcement
Teams. Grant funding can only be used in proportion to the Federal man-hour estimate,and only after funding for these
activities from other Federal sources(i.e.FBI JTTF payments to State and local agencies)has been exhausted. Under no
circumstances should DHS grant funding be used to pay for costs already supported by funding from another Federal
source.
Operational overtime costs. In support of efforts to enhance capabilities for detecting,deterring,disrupting,and
preventing acts of terrorism,operational overtime costs are allowable for increased security measures at critical
infrastructure sites. FY 2013 SHSP or IASI funds for organizational costs may be used to support select operational
expenses associated with increased security measures at critical infrastructures sites in the following authorized categories:
Backfill and overtime expenses(as defined in FOA)for staffing State or Major Urban Area fusion
centers;
Hiring of contracted security for critical infrastructure sites,
Public safety overtime(as defined in FOA)
Title 21 or State Active Duty National Guard deployments to protect critical infrastructure sites,
including all resources that are part of the standard National Guard deployment package);and
Increased border security activities in coordination with CPB,as outlined in Information Bulletin
135.
FY 2013 SHSP funds may only be spent for operational overtime costs upon prior approval provided in writing by the
FEMA Administrator.
Travel expenses
/1.25
Meeting-related expenses(For a complete list of allowable meeting-related expenses,please review the OJP
Financial Guide at http://www.oip.usdoi.gov/FinGuide).
Acquisition of authorized office equipment,including:
• Personal computers
• Laptop computers
• Printers
• LCD projectors,and
• Other equipment or software which may be required to support the implementation of the homeland
security strategy
The following are allowable only within the period of performance of the contract:
• Recurring fees/charges associated with certain equipment,such as cell phones,faxes,etc.
• Leasing and/or renting of space for newly hired personnel during the period of performance of the grant program
E. Unauthorized Expenditures
• Activities unrelated to the completion and implementation of the grant program
• Other items not in accordance with the Authorized Equipment List or previously listed as allowable costs
• Funding may not be used to supplant ongoing,routine public safety activities of state and local emergency responders,
and may not be used to hire staff for operational activities or backfill.Funds cannot not replace(supplant)funds that
have been appropriated for the same purpose.
F. Construction and Renovation
Project construction using SHSP and UASI funds may not exceed the greater of$1,000,000 or 15%of the grant award.
For the purposes of the limitations on funding levels,communications towers are not considered construction.
Written approval must be provided by FEMA prior to the use of any HSGP funds for construction or renovation. When
applying for construction funds,including communications towers,at the time of application,grantees are highly
encouraged to submit evidence of approved zoning ordinances,architectural plans,any other locally required planning
permits and documents,and to have completed as many steps as possible for a successful EHP review in support of their
proposal for funding(e.g.,completing the FCC's Section 06 review process for tower construction projects,coordination
with their State Historic Preservation Office to identify potential historic preservation issues and to discuss the potential for
project effects). Projects for which the grantee believes and Environmental Assessment(EA)may be needed,as defined in
44 CFR 10.8 and 10.9,must also be identified to the FEMA Program Analyst within six(6)months of the award and
completed EHP review packets must be submitted no later than 12 months before the end of the Period of Performance.
EHP review packets should be sent by the SAA to FEMA for review.
FEMA is legally required to consider the potential impacts of all IISGP projects on environmental resources and historic
properties. Grantees must comply with all applicable environmental planning and historic preservation (EHP)laws,
regulations,and Executive Orders(EOs)in order to draw down their FY 2013 HSGP grant funds. To avoid unnecessary
delays in starting a project,grantees are encouraged to pay close attention to the reporting requirements for an EHP review.
For more information on FEMA's EHP requirements please refer to Bulletins 329 and 345
(ham://www feina Q,ov/government/grant/bulletins/index slitim).
FY 2013 HSGP 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 wage determinations,is available from the following
website: http://www.dol,gov/compliance/laws/coilir)-dbra,litiii.
In addition,the erection of communications towers that are included in a jurisdiction's interoperable communications plan
is allowed,subject to all applicable laws,regulations,and licensing provisions.Communication tower projects must be
submitted to FEMA for EHP review.Per the Consolidated Security,Disaster Assistance,and Continuing Appropriations
Act of 2009(Public Law 110-329),communications towers are not subject to the$1,000,000 construction and renovation
cap.
Approval Process:
In order for grantees to drawdown funds for construction and renovation costs,the grantee must provide the Division with:
• A description of the asset or facility,asset location,whether the infrastructure is publicly or privately owned,and the
construction or renovation project;
• Certification that a facility vulnerability assessment has been conducted
• An outline addressing how the construction or renovation project will address the identified vulnerabilities from the
assessment
• Consequences of not implementing the construction or renovation project
• Any additional information requested by FEMA to ensure compliance with Federal environmental and historic
preservation requirements
/y/. 26
Additional information may also be found on the FEMA's website located at http,Ilivww.>erna.kov/t)/crn/ehp/.
Note:M ritten approval must be provided b} FFM k prior to the use of am fouls for construction or renovation.
G. Overtime and Backfill Guidance
Personnel(SHSP and UASI)—Personnel hiring,overtime,and backfill expenses are permitted under this grant in order to
perform allowable FY 2013 HSGP planning,training,exercise,and equipment activities. A personnel cost cap of up to 50
percent(50%)of the total SHSP and UASI program funds may be used for personnel and personnel-related activities as
directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement(PRICE)of Homeland Security
Act(Public Law 110-412). Grantees who wish to seek a waiver from the personnel cost cap must provide documentation
explaining why the cap should be waived,waiver requests will be considered only under extreme circumstances. In
general,the use of SHSP and UASI funding to pay for staff and/or contractor regular time or overtime/backfill is
considered a personnel cost.
For further details,please refer to Information Bulletin 358.
FY 2013 HSGP funds may not be used to support the hiring of any personnel for the purposes of fulfilling traditional
public health and safety duties or to supplant traditional public health and safety positions and responsibilities.
Definitions for hiring,overtime,and backfill-related overtime,and supplanting remain unchanged from FY 2011 HSGP.
H. National Incident Management System(NIMS)Compliance
HSPD-5,"Management of Domestic Incidents,"mandated the creation of NIMS and the National Response Plan(NRP).
NIMS provides a consistent framework for entities at all jurisdictional levels to work together to manage domestic
incidents,regardless of cause,size,or complexity.To promote interoperability and compatibility among Federal,State,
local,and tribal capabilities,NIMS includes a core set of guidelines,standards,and protocols for command and
management,preparedness,resource management,communications and information management,supporting
technologies,and management and maintenance of NIMS.The NRP,using the template established by NIMS,is an all-
discipline,all-hazards plan that provides the structure and mechanisms to coordinate operations for evolving or potential
Incidents of National Significance,which are major events that"require a coordinated and effective response by an
appropriate combination of Federal,State,local,tribal,private sector,and nongovernmental entities."
The NIMS Integration Center(NIC)recommends 38 NIMS Compliance Objectives for nongovernmental organizations
that support NIMS implementation.These activities closely parallel the implementation activities that have been required
of State,territorial,tribal,and local governments since 2004 and can be found at
www.fema.p-ov/i)df/emervency/niins/ngo fs.pdf.To integrate nonprofit organizations into the broader national
preparedness effort,DHS encourages grantees to consider pursuing these recommended activities.
Additionally,nongovernmental organizations grantees and sub-grantees will be required to meet certain NIMS compliance
requirements.This includes all emergency preparedness,response,and/or security personnel in the organization
participating in the development,implementation,and/or operation of resources and/or activities awarded through this
grant must complete training programs consistent with the NIMS National Standard Curriculum Development Guide.
Minimum training includes IS-700 NIMS:An Introduction.In addition,IS-800.a NRP:An Introduction,Incident
Command System(ICS-100),Incident Command System(ICS-200),Intermediate Incident Command System(G-300),and
Advanced Incident Command System(G-400)are also recommended.For additional guidance on NIMS training,please
refer to http//www fema gov/emergency/nims/nims training.shtm.
Additional information about NIMS implementation and resources for achieving compliance are available through the
NIMS Integration Center(NIC),at http�//www.fema.gov/emergency/nims/.
III. Reporting Requirements
1.Quarterly Programmatic Reporting:
The Quarterly Programmatic Report is due within 30 days after the end of the reporting periods(March 30,June
30,September 30 and December 30)for the life of this contract.
• If a report(s)is delinquent,future financial reimbursements will be withheld until the Recipient's
reporting is current.
• if a report goes 2 consecutive quarters without Recipient providing information in the narrative
portion of the Quarterly Status Report,Report will be denied until narrative is provided,also
financial reimbursements will be withheld until the required information has been submitted.
Programmatic Reporting Schedule
Reporting Period Report due to DEM no later than
January I through March 31 Aril 30
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Aril 1 through June 30 July 31
July 1 through September 30 October 31
October 1 through December 31 January 31
2.Programmatic Reporting-BSIR
Biannual Strategic Implementation Report
After the end of each reporting period,for the life of the contract unless directed otherwise,the SAA will
complete the Biannual Strategic Implementation Report in the Grants Reporting Tool(GRT)
littps://www.reportinp.odr).dhs.gov. The reporting periods are January I-June 30 and July 1-December 31.
Data entry is scheduled for December 1 and June I respectively. Future awards and reimbursement may be
withheld if these reports are delinquent.
3.Reimbursement Requests:
A request for reimbursement may be sent to your grant manager for review and approval at anytime during the
contract period. The Recipient should include the category's corresponding line item number in the"Detail of
Claims"form. This number can be found in the"Proposed Program Budget". A line item number is to be
included for every dollar amount listed in the"Detail of Claims"form.
4.Close-out Programmatic Reporting:
The Close-out Report is due to the Florida Division of Emergency Management no later than 45 calendar days
after the agreement is either completed or the agreement has expired.
5.Monitoring:
Florida Division of Emergency Management
US Department of Homeland Security Grants Program
Grant Monitoring Process
Florida has enhanced state and local capability and capacity to prevent,prepare and respond to terrorist threats since 1999 through
various funding sources including federal grant funds. The Florida Division of Emergency Management(FDEM)has a responsibility to
track and monitor the status of grant activity and items purchased to ensure compliance with applicable SHSGP grant guidance and
statutory regulations. The monitoring process is designed to assess a recipient agency's compliance with applicable state and federal
guidelines.
Monitoring is accomplished utilizing various methods including desk monitoring and on-site visits. There are two primary areas
reviewed during monitoring activities-financial and programmatic monitoring. Financial monitoring is the review of records associated
with the purchase and disposition of property,projects and contracts. Programmatic monitoring is the observation of equipment
purchased,protocols and other associated records. Various levels of financial and programmatic review may be accomplished during
this process.
Desk monitoring is the review of projects,financial activity and technical assistance between FDEM and the applicant via e-mail and
telephone. On-Site Monitoring are actual visits to the recipient agencies by a Division representative who examines records,procedures
and equipment.
Frequency of annual monitoring activity:
Each year the FDEM will conduct monitoring for up to 50%of their sub-grantees. It is important to note that although a given grant has
been closed,it is still subject to either desk or on-site monitoring for a five year period following closure.
Areas that will be examined include:
Management and administrative procedures,
Grant folder maintenance;
1y8- 2s
Equipment accountability and sub-hand receipt procedures,
Program for obsolescence;
Status of equipment purchases;
Status of training for purchased equipment,
Status and number of response tramings conducted to include number trained;
Status and number of exercises,
Status of planning activity;
Anticipated projected completion;
Difficulties encountered in completing projects,
Agency NIMS/ICS compliance documentation;
Equal Employment Opportunity(EEO Status);
Procurement Policy
FDEM may request additional monitoring/information if the activity,or lack there of,generates questions from the region,the
sponsoring agency or FDEM leadership. The method of gathering this information will be determined on a case-by-case basis.
Desk monitoring is an on-going process. Recipients will be required to participate in desk top monitoring on an annual basis and as
determined by the FDEM. This contact will provide an opportunity to identify the need for technical assistance(TA)and/or a site visit if
the FDEM determines that a recipient is having difficulty completing their project.
As difficulties/deficiencies are identified,the respective region or sponsoring agency will be notified by the program office via email.
Information will include the grant recipient agency name,year and project description and the nature of the issue in question. Many of
the issues that arise may be resolved at the regional or sponsoring agency level. Issues that require further TA will be referred to the
FDEM for assistance. Examples of TA include but are not limited to:
k Equipment selection or available vendors
1 Eligibility of items or services
4-Coordination and partnership with other agencies within or outside the region or discipline
b Record Keeping
1 Reporting Requirements
b Documentation in support of a Request for Reimbursement
On-Site Monitoring will be conducted by the FDEM or designated personnel. On-site Monitoring visits will be scheduled in advance
with the recipient agency POC designated in the grant agreement.
The FDEM will also conduct coordinated financial and grant file monitoring. These monitoring visits will be coordinated with the
capability review visits. Subject matter experts from other agencies within the region or state may be called upon to assist in the form of
a peer review as needed.
All findings related to the capability review will be documented and maintained within the FDEM.
On-site Monitoring Protocol
On-site Monitoring Visits will begin with those grantees that are currently spending or have completed spending for that federal fiscal
year(FFY). Site visits may be combined when geographically convenient. There is a financial and programmatic on-site monitoring
checklist to assist in the completion of all required tasks.
���'29
Site Visit Preparation
A letter will be sent to the recipient agency Point of Contact(POC)outlining the date,time and purpose of the site visit before the
planned arrival date.
The appointment should be confirmed with the grantee in writing(email is acceptable)and documented in the grantee folder.
The physical location of any equipment located at an alternate site should be confirmed with a representative from that location and the
address should be documented in the grantee folder before the site visit.
On-Site Monitoring Visit
Once FDEM personnel have arrived at the site,an orientation conference will be conducted. During this time,the purpose of the site
visit and the items FDEM intends to examine will be identified.If financial monitoring visit will be conducted,they will then explain
their objectives and will proceed to perform the financial review.
FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed,a
tour/visual/spot inspection of equipment will be conducted.
Each item should be visually inspected whenever possible. Bigger items(computers,response vehicles,etc.)should have an asset decal
(information/serial number)placed in a prominent location on each piece of equipment as per recipient agency requirements. The serial
number should correspond with the appropriate receipt to confirm purchase.Photographs should be taken of the equipment(large capitol
expenditures in excess of$1,000.per item).
[fan item is not available(being used during time of the site visit),the appropriate documentation must be provided to account for that
particular piece of equipment. Once the tour/visual/spot inspection of equipment has been completed,the FDEM personnel will then
conduct an exit conference with the grantee to review the findings.
Other programmatic issues can be discussed at this time,such as missing quarterly reports,payment voucher/reimbursement,equipment,
questions,etc.
Post Monitoring Visit
FDEM personnel will review the on-site monitoring review worksheets and backup documentation as a team and discuss the events of
the on-site monitoring.
Within 30 calendar days of the site visit,a monitoring report will be generated and sent to the grantee explaining any issues and
corrective actions required or recommendations.Should no issues or findings be identified,a monitoring report to that effect will be
generated and sent to the grantee. The grantee will submit a Corrective Action Plan within a timeframe as determined by the FDEM.
Noncompliance on behalf of sub-grantees is resolved by management under the terms of the Sub grant Agreement.
The On-Site Monitoring Worksheets,the monitoring report and all back up documentation will then be included in the grantee's file.
All- 30
A. Programmatic Point of Contact
Contractual Point of Contact Programmatic Point of Contact
Joshua Bradt Felicia Pinnock
FDEM FDEM
2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd.
Tallahassee,FL 32399-2100 Tallahassee,FL 32399-2100
(850)922-1747 (850)410-3457
Joshua.Bradtr(iuem.mytlonda com
Eel icia.Pinnock�d)em.m florida.com
B. Contractual Responsibilities
• The FDEM shall determine eligibility of projects and approve changes in scope of work.
• The FDEM shall administer the financial processes.
IF 31
ATTACHMENT C
DELIVERABLES
State Homeland Security Program (SHSP): SHSP supports the implementation of risk driven,
capabilities-based State Homeland Security Strategies to address capability targets set in Urban
Area, State, and regional Threat and Hazard Identification and Risk Assessments (THIRAs).
The capability levels are assessed in the State Preparedness Report (SPR) and inform
planning, organization, equipment, training, and exercise needs to prevent, protect against,
mitigate, respond to, and recover from acts of terrorism and other catastrophic events.
In addition, the Recipient is to complete the following issues as described below throughout the
agreement period to ensure compliance and coordination with the Homeland Security Grant
Program. Items listed below are to be reviewed quarterly to ensure recipients'
compliance. Documentation supporting the completion of the issues outlined below shall be
submitted along with the Quarterly Financial report.
Issue 5— Local Planning, Training and Exercise: This project will allow counties to
execute a training plan that will test the knowledge, skills and abilities of personnel,
organizations and the public/private partnerships and ensure that personnel involved in
Emergency Operation Center operations/on-site incident management have and
continue to receive appropriate training to fulfill their role as required by the National
Response Framework.
• Planning activities will be to support the regional or statewide advancement of all-
hazard (inclusive of terrorism) preparedness. Brevard will develop or enhance
regional planning initiatives, plans and protocols, i.e., Disaster Housing
Plan/Coastal Oil Spill Plan/Special Events Plan.
• Training will consist of regional specific training that will focus on NIMS
compliance and all-hazard readiness by providing first responders, volunteers,
elected officials, emergency managers, and others a chance to develop the skills
necessary to protect lives and property during a catastrophic event.Training
programs will educate response personnel on position specific training courses,
which will ensure implementation of state and local incident command systems
and NIMS compliance. This will support new NIMS requirements to expand ICS
training to community partners, such as Community Emergency Response
Teams (CERT) and private partners. County specific training courses will
include, but not limited to, FEMA "G" series courses, staff professional
development and all-hazards position specific training.
o Special Event Training/Incident Specific Training/Grant
Management/Technical Assistance/HSEEP/DHS approved Course/Post
Disaster Training Courses
/yf• 32
Attachment D
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 (also known as the"A-102 Common Rule").
• 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)
/yJ"33
• 2 CFR Part 230, Cost Principles for Non-Profit Organizations (OMB Circular A-122)
C. Audit Requirements for State
• 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 use of funds under this grant will be in accordance
with the FY 2013 Homeland Security Grant 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.
5. The recipient is prohibited from obligation or expending Operation Stonegarden (OPSG) funds
provided through this award until each unique, specific or modified county level or equivalent
Operational Order/Frag Operations Order with embedded estimated operational budget has been
reviewed and approved through an official email notice issued by FEMA removing this special
programmatic condition. The Operations Order apl�roval process/structure is as follows:
Operations Orders are submitted to (1) the appropriate Customs and Border Protection (CBP)
Border Patrol (BP) Sector Headquarters (HQ); upon approval by the Sector HQ, forwarded
through the Border Patrol Enforcement Transfer System (BPETS) system to (2)the OPSG
Coordinator, CPB/BP Washington, DC and upon approval forwarded to (3) Federal Emergency
Management Agency(FEMA), Grant Programs Directorate (GPD), Grant Development and
Administration Division (GD&A). Notification of release of programmatic hold will be sent by
FEMA via email to the State Administrative Agency(SAA) with a copy to OPSG Coordinator at
CBP/BP HQ, Washington, DC.
/y�- 34
Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
If you are requesting an advance,indicate same by checking the box below.
[ ] ADVANCE REQUESTED
Advance payment of$ is requested. Balance of
payments will be made on a reimbursement basis. These funds are
needed to pay staff,award benefits to clients,duplicate forms and
purchase start-up supplies and equipment. We would not be able to
operate the program without this advance.
If you 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)
/yd'35
Attachment F
Warranties and Representations
Financial Management
Recipient's financial management system must include the following:
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities. These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated
balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipient
shall safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB cost principles and the terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free competition. The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill
in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so.
�y� 36
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.
14. 37
Attachment G
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Recipient, certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature Recipient's Name
Name and Title DEM Contract Number
Street Address Project Number
City, State, Zip
Date
/y� 3 8
Attachment H
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128,A-87; E.O. 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66,
Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted
project.Also the Applicant assures and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91-646)which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally-assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity financed in
whole or in part by Federal grants. (5 USC 1501,et. seq.)
3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties.
5. It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a)
requires, on and after March 2, 1975, the purchase of flood insurance in communities where such
insurance is available as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes for use in any area that has been identified by the Secretary of the Department of
Housing and Urban Development as an area having special flood hazards. The phrase"Federal financial
assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect Federal assistance.
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and
Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by(a) consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties and by(b) complying with all requirements established by the Federal grantor agency to avoid
or mitigate adverse effects upon such properties..
i/f.39
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.
/1141f' 40
Attachment I
Reimbursement Check List
Please Note: FDEM reserves the right to update this check list throughout the life of the grant to
ensure compliance with applicable federal and state rules and regulations.
Equipment
[] 1. Have all invoices been included?
2. Has an AEL#been identified for each purchase?
3. If service/warranty expenses are listed, are they only for the performance period of the
grant?
4. Has proof of payment been included? (E.g. canceled check, Electronic Funds Transfer
(EFT) confirmation, or P-Card back up documentation which will include receipt with
vendor, copy of credit card statement showing expense charged, and payment to credit
card company for that statement)
5. If EHP form needed—has copy of it and approval from State/DHS been included?
Planning
Consultants/Contractors Note: this applies to contractors also billed under Or anization
1. Does the amount billed by consultant add up correctly?
2. Has all appropriate documentation to denote hours worked been properly signed?
3. Have copies of all planning materials and work product (e.g. meeting documents, copies
of plans) been included? (If a meeting was held by recipient or contractor/consultant of
recipient, an agenda and signup sheet with meeting date must be included).
4. Has the invoice from consultant/contrator been included?
5. Has proof of payment been included? (E.g. canceled check, Electronic Funds Transfer
(EFT) confirmation, or P-Card back up documentation which will include receipt with
vendor, copy of credit card statement showing expense charged, and payment to credit
card company for that statement).
El 6. Has Attachment G (found within Agreement with FDEM) been completed for this
consultant and included in the reimbursement package?
Salary Positions (Note: this applies to positions billed under M&A and Organization as well)
1. Have the following been provided: signed time sheet by employee and supervisor and
proof that employee was paid for time worked (statement of earnings, copy of payroll
check or payroll register)? Has a time period summary sheet been included for total
claimed amount?
2. Does the back-up documentation provided match the time period for which
reimbursement is being requested?
Training
1. Is the course DHS approved? Is there a course or catalog number? If not, has FDEM
approved the non-DHS training? Is supporting documentation included your
reimbursement request?
2. Have sign-in sheets, rosters and agenda been provided?
3. If billing for overtime and/or backfill, has a spreadsheet been provided that lists attendee
names, department, # of hours spent at training, hourly rate and total amount paid to
each attendee? Have print outs from entity's financial system been provided as proof
�y� 41
attendees were paid? For backfill, has a clear delineation/cross reference been provided
showing who was backfilling who?
4. Have the names on the sign-in sheets been cross-referenced with the names of the
individuals for whom training reimbursement costs are being sought?
5. Has any expenditures occurred in support of the training (e.g., printing costs, costs
related to administering the training, planning, scheduling, facilities, materials and
supplies, reproduction of materials, and equipment)? If so, receipts and proof of payment
must be submitted. (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation,
or P-Card back up documentation which will include receipt with vendor, copy of credit
card statement showing expense charged, and payment to credit card company for that
statement).
Exercise
1. Has documentation been provided on the purpose/objectives of the exercise? Such as,
SITMAN/EXPLAN.
El 2. If exercise has been conducted - has after-action report been included? Have sign-in
sheets, agenda, rosters been provided?
3. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee
names, department, # of hours spent at exercise, hourly rate and total paid to each
attendee? Have print outs from entity's financial system been provided to prove
attendees were paid? For backfill, has a clear delineation/cross reference been provided
showing who was backfilling who?
4. Have the names on the sign-in sheets been cross-referenced with the names of the
individuals for whom exercise reimbursement costs are being sought?
5. Has any expenditures occurred on supplies (e.g., copying paper, gloves, tape, etc) in
support of the exercise? If so, receipts and proof of payment must be submitted. (E.g.
canceled check, Electronic Funds Transfer (EFT) confirmation, or P-Card back up
documentation to include receipt with vendor, copy of credit card statement showing
expense charged, and payment to credit card company for that statement).
6. Has any expenditures occurred on rental of space/locations for exercises planning and
conduct, exercise signs, badges, etc.? If so, receipts and proof of payment must be
submitted. (E.g. canceled check, Electronic Funds Transfer (EFT) confirmation, or P-
Card back up documentation to include receipt with vendor, copy of credit card statement
showing expense charged, and payment to credit card company for that statement).
Travel/Conferences
1. Have all receipts been turned in such as: airplane receipts, proof of mileage, toll receipts,
hotel receipts, car rental receipts, registration fee receipts and parking receipts? Are
these receipts itemized? Do the dates of the receipts match the date(s) of
travel/conference? Does the hotel receipt have a zero balance? If applicable, have a
travel authorization and travel reimbursement form been included to account for per
diem, mileage and other travel expenses which have been reimbursed to the traveler by
sub grantee?
2. If travel is a conference has the conference agenda been included?
3. Has proof of payment to traveler been included? (E.g. canceled check, Electronic Funds
Transfer(EFT) confirmation, or copy of payroll check if reimbursed through payroll).
/91. 42
Organization
1. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee
names, department, # of hours spent at EOC, hourly rate and total paid to each
attendee? Have print outs from entity's financial system been provided to prove
attendees were paid? For backfill, has a clear delineation/cross reference been provided
showing who was backfilling who?
Matching Funds
1. Contributions are from Non Federal funding sources.
2. Contributions are from cash or in-kind contributions which may include training
investments.
3. Contributions are not from salary, overtime or other operational costs unrelated to
training.
For All Reimbursements- The Final Check
1. Have Forms 3, 4a, 4b and 4c been completed and included with each request for
reimbursement?
2. Have the costs incurred been charged to the appropriate POETE category?
8 3. Does the total on Form 3 match the totals on Forms 4a, 4b and 40
4. Has Form 3 been signed by the Grant Manager?
5. Has the reimbursement package been entered into sub grantee's records/spreadsheet?
6. Have the quantity and unit cost been notated on Form 4b?
1%j- 43
GRANT NAME: Homeland Security GRANT# 14-DS-L5-10-40-01-XXX
AMOUNT OF GRANT:$ 15 778.00
DEPARTMENT RECEIVING GRANT: Emergency Services
CONTACT PERSON: John King
PHONE NUMBER: 226-3859
I. How long is the grant for? 17 months Starting Date: November 5,2013
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 No
4. Percentage of match N/A 0%
5. Grant match amount required$ N/A
6. Where are the matching funds coming from(i.e.In Kind Services;Reserve for Contingency)?_
7. Does the an cover capital costs or start-up costs?
Yes No
If no,how much do you think will be needed in capital costs or start up costs $
(Attach a detail listing of costs)p
8. If yes,please list ny(lf additional spacetis needed,please attach funds? Yes
Yes X No
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
tea..
TOTAL N/A
9, What is the total cost of each position including benefits,capital,start-up,auto expense,travel and operating?
Salary and Benefits Operating Costs Capital Total Costs
N/A N/A N/A N/A
10. What is the estimated cost of the grant to the county over five years?$
Grant Other Match Costs Match- Total
First Year $ 15,778.00 $ N/A $ N/A $ 15,778.00
$ N/A
Second Year $
N/A $ $
Third Year $ $ $ $
Fourth Year $ $ $ $
Fifth Year $ $ $ $
Date: October 29
Signature of Preparers 2013
low
149
i
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Joseph A. Baird, County Administrator
PA TMENT HEAD CONCURRENCE
t
obert M. Kea in ' A P
FROM: Sasan Rohani,AICP, Chief, Long-Range Planning
DATE: October 24,2013
RE: Grand Harbor North and Others' Request to approve a Small Scale Land Use
Map Amendment to Redesignate ±1.79 acres from L-1 to C/I and
Simultaneously Redesignate ±1.79 acres from C/I to L-1; and Request to
Rezone±439.01 acres from PD to RS-3,RM-3,CG, and CON-2 (2004040046)
It is requested that the following information be given formal consideration by the Board of County
Commissioners at its regular meeting of November 5, 2013.
,..
DESCRIPTION AND CONDITIONS
This request is to approve a small scale land use map amendment for two 1.79 acre parcels.
Considered legislative,the proposed land use map amendment involves swapping the C/I land use
designation on one parcel with the L-1 land use designation on another parcel.Besides the land use
amendment, this request involves rezoning ±439.01 acres from PD, Planned Development, to
conventional zoning districts that are similar to the zoning designations that existed prior to approval
of the property's PD zoning. In this case, the rezoning request is considered quasi-judicial and
covers 5 distinct areas that are depicted on attachment 2 of this report.Locations and descriptions of
all subject properties are summarized in the table below.
As shown on the following location map, subject properties 1 and 2 each contain 1.79 acres, and
those properties are the subject of the requested small scale amendment. As proposed, the C/I land
use designation on subject property 2 will be swapped with the L-1 land use designation of subject
property 1. Subject property 2,in conjunction with subject property 4,will then be rezoned from PD
to RS-3, while subject property 1 will be rezoned from PD to CG, General Commercial.
Consisting of 23.58 acres,subject property 3 is currently zoned PD,and the request is to rezone those
23.58 acres from PD to RM-3,Multiple Family Residential District(up to 3 units/acre).Containing a
combined 319.28 acres,subject properties 4 and 2 are to be rezoned from PD to RS-3,Single-Family
Residential District(up to 3 units/acre). At 94.36 acres,subject property 5 is to be rezoned from PD
to CON-2,Estuarine Wetlands Conservation(up to 1 unit/40 acres).The area proposed for rezoning
to CON-2 was zoned RS-3 and RS-1 prior to being rezoned to PD.
1
150
In this case, all five of the subject properties encompass the area formally known as the River Bend
PD, a planned development project that was approved in 2000. Although that project was never
constructed, the site's PD zoning remains in place. As depicted in the figure below, the subject
properties are generally located south of 63 d Street and east of U.S. Highway One. The purpose of
this request is to eliminate the planned development zoning to allow the separate owners to develop
the properties independently under conventional zoning districts.
On October 10,2013,the Planning and Zoning Commission voted 4-1 to recommend that the Board
approve the proposed land use amendment and rezoning requests.
Location Map
ST LUCIA'CIR
G3R0 ST
Subject Property 1
approx 1.79 ac
61ST PL
61 ST ST
Subject Property 3
approx 23.58 ac
Subject Property 4 Subject Property 5approx 94.36 ac
o approx 319.28 ac
wr. c c
x
Subject Property 2
approx 1.79 ac
S7TH ST
S7TH ST
y
Y 1%
OA
Source:IHC;uommunny ueveoprnen;ueoanntent septenrw j.hits
History
In June of 2000, the Board of County Commissioners approved a request submitted by the Shopco
Advisory Corporation to rezone the entire subject f 439.01 acres to PD,Planned Development. That
PD rezoning included a conceptual PD plan for development of the entire site. As approved, the
conceptual PD plan consisted of 650 single family and multiple family residential dwellings,a golf
course,clubhouse, and commercial uses. Although the PD rezoning of the property was approved,
�.. Shopco never obtained permits for the project,and the site was not developed. While the PD zoning
2
151
and conceptual PD plan currently remain in effect, the PD rezoning and conceptual plan will be
r.. rescinded if the proposed rezoning request is approved.
While the developers of Grand Harbor acquired a major portion of the River Bend PD property
several years ago, the remaining portions of the original River Bend project area were acquired by
others. Located adjacent to the River Bend PD property, Grand Harbor is a project that,because of
its significantly large size (number of units and commercial building area), was approved as a
Development of Regional Impact (DRI). Since DRIs are projects that have multi-county impacts,
DRIs must be reviewed by the regional planning council and are subject to various conditions until
build out.
In 2006, the developers of Grand Harbor proposed to incorporate a majority of the River Bend site
into Grand Harbor's overall DRI plan.To incorporate the River Bend property into the Grand Harbor
DRI, the applicant needed to modify the Grand Harbor DRI development order and modify the PD
zoning and conceptual PD plan in effect on the River Bend property. At that time, Grand Harbor
sought to rezone the site to the zoning districts that existed prior to approval of the River Bend PD.
On May 25, 2006, the Planning and Zoning Commission reviewed that request and, after
considerable discussion,voted 7 to 0 to table the applicant's request until the DRI development order
modification proposal could be considered concurrent with the proposed rezoning action.Consistent
with the PZC's direction,the applicant submitted a Notice of Proposed Change(NOPC)application
to the regional planning council to modify the Grand Harbor Development of Regional Impact to add
the"River Bend PD" site and some other properties to the DRI.
In December 2006, the NOPC and the rezoning request were both considered by the PZC. At that
meeting,several issues were raised concerning the overall impact of the request. After discussion,a
motion was made to again table that request. When that motion failed, a motion was made to
approve the proposed rezoning.That motion failed with a 2 to 2 vote. The 2 to 2 vote constituted a
denial of the request. On December 20, 2006, the applicant appealed the Planning and Zoning
Commission's decision to the Board of County Commissioners.
On February 6, 2007, the Board of County Commissioners reviewed Grand Harbor's request and
voted to table it to allow the applicant time to consider changes to its proposal. The applicant then
decided not to pursue the proposed rezoning. Because Grand Harbor abandoned its rezoning request,
that rezoning application has since expired,the River Bend PD zoning was never changed,and the
PD zoning of the subject property remains in force and effect.
Although the present owners are currently bound by the River Bend PD,they do not wish to develop
the property in accordance with the existing PD conceptual plan. Thus, Grand Harbor, with the
consent of the other property owners, recently applied for the subject small scale land use
amendment and rezoning.
Current Rezoning and Land Use Amendment Requests
The table below provides a general description of the areas to be redesignated and rezoned under the
subject applications. Those properties are as follows:
3
152
SMALL SCALE AMENDMENT and REZONINGS
SUBJECT PROPERTY 1
General Location Current land Proposed Land Proposed
Owner Size in Characteristics of Use Designation Use Designation Current Zoning
AcresrP ope Zoning
South Ytreet 1.79 Cleared land 1,I,Low Density CII,Commercial PD,Planned CG,General
BEB Investments and east US Hwy 1 Residential-1(up /Industrial Development Commercial
Inc. to 3 units/acre
SUBJECT PROPERTY 2
General location Current land ProMed Land Proposed
Owner Size in Characteristics of Use Designation Use Designation Current Zoning
Acres pro Zoning
North of north relief 1.79 Wooded land Cil,Commercial L-L,,L.ow Density PD RS-3
Grand Harbor canal and east US /Industrial Residential-I(up
North Lands LIT. Ilwy I to 3 units/acre)
SUBJECT PROPERTY 3(Rezone)
General Location Size in Characteristics of Current Land Proposed Iand Current Proposed
Owner Acres Drop Use Designation Use Designation Zoning "Zoning
South of 63" Street 23.58 Mostly cleared, LI,Low Density N/A PD RM-3,
BEB Investments and east US Hwy 1 some wooded area Residential-I (up Multiple
Inc./and Atlantis to 3 units/acre) Family
Properties Residential
District(up to
3 units/acre)
"+wr
SUBJECT PROPERTY 4(Rezone)
General Location Current Land Proposed Land Proposed
Owner Size in Characteristics of Use Designation Use Current Z,aning
Acres ro ell Designation Zoning
South of 63` Street 317.49 Old Citrus Groves L-1,Low Density N/A PD RS-3,Single
Grand l larbor and East of Section and wooded areas Residential(up Family
North land LLC. line for Sec 1 I& to 3 units/acre) Residential
and Richey 14,Twp 32,Rng District(up to
39,and north of 3 units/acre)
North Relief Canal
SUBJECT PROPERTY 5(Rezone)
General location Current Land Proposed Land Proposed
Owner Size in Characteristics of Use Designation Use Designation Current Zoning
Acres property Zoning
11300 ft South of 94.36 Wooded, Irl,Low Density N/A PD CON-2,
Grand harbor 63°'Street and f undeveloped site, Residential-I(up Estuarine
North land ILC. 4000 ft.East of US wetlands,and to 3 units/acre)& Wetlands
IIWY 1 Spoonbill Marsh C-2, Conservation
Conservation-2 (up to 1
(up to I unit/40acres)
unit/40acres)
Generally, the proposed rezoning reestablishes the zoning districts that existed prior to approval of
the current PD zoning of the subject property,with two exceptions. The first exception involves the
two 1.79 acre small scale plan amendment parcels. If that plan amendment is approved,the CG and
RM-3 zoning on the two parcels which existed prior to the PD zoning of the subject property will be
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swapped. In this case,however,the swap will involve reestablishing RS-3 zoning instead of RM-3
zoning.
The other exception also involves RM-3 and RS-3 zoning. Prior to the subject property being zoned
PD,there was a±475 foot wide strip of RM-3 zoned property that was along the east side of U.S. 1
from 63`d Street to the North Relief Canal. With the proposed rezoning,the southern part of the RM-
3 strip is to be rezoned RS-3,while a comparable amount of acreage east of the RM-3 strip and south
of and abutting 63`d Street is to be rezoned RM-3. That latter area is the eastern portion of subject
property 3.
If the proposed land use amendment and rezoning requests are approved, that action will void the
previously approved PD zoning district and the conceptual PD plan.
Existing Land Use Pattern
Subject Property l
Subject property 1 is zoned PD and is cleared land.To the east are old groves associated with subject
property 3 which is zoned PD. To the south of Subject property 1, properties are zoned PD. Those
properties are undeveloped cleared land. West of subject property 1 and across US Hwy 1, land is
zoned IL, Light Industrial District, and is undeveloped cleared land. To the north of the subject
property I and across 63`d Street, land is zoned RM-3, and is the site of the Antilles Subdivision.
•- Subject Property 2
Subject property 2 is zoned PD and is undeveloped and wooded.To the east,land is zoned PD and is
wooded. South of subject property 2 is the north relief canal. West of subject property 2 and across
US Hwy 1,there is a developed site that is zoned IL. North of subject property 2,land is zoned CG
and is cleared land.
Subject Property 3
Subject property 3 is zoned PD and is cleared land.To the north of subject property 3 and across 63'd
Street, land is zoned RM-3, Multiple Family Residential District (up to 3 units/acre), and RS-3,
Single-Family Residential District (up to 3 units/acre). That land is the site of the Antilles
Subdivision that is built at a density of 1.96 units per acre. The area east of subject property 3 is
zoned PD, and is the location of subject property 4 which also consists of old citrus groves and
wooded areas. South of subject property 3, land is zoned RS-3 and RM-3, and is undeveloped and
wooded. To the west of subject property 3 and across US Hwy 1, land is zoned IL, Light Industrial
District, and is undeveloped cleared land.
Subiect Property 4
Subject property 4 is zoned PD and contains citrus groves and some wooded areas. To the north of
subject property 4 and across 63`d Street, land is zoned RS-3 and PD, and is the site of the Antilles
Subdivision and the Mandala Club PD,respectively. Land to the east of subject property 4 is zoned
PD and contains wetlands. Immediately to the south of subject property 4 is the north relief canal.
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South of that canal, land is zoned RM-6 and RS-6 and is the location of the River Club of Grand
Harbor, a project having a density of.39 units/acre, and the proposed Reserve at Grand Harbor PD.
To the west of the subject property 4, land is zoned CG, RM-3, and RS-3 and contains both
residential and commercial uses.
Subject Property 5
Subject property 5 is zoned PD and contains wetlands as well as the Spoonbill Marsh filtration
system.The Indian River Lagoon borders the eastern boundary of subject property 5.To the south of
subject property 5 is land that is zoned RS-1 and contains wetlands. Also south of subject property 5
is the north relief canal and properties associated with River Club of Grand Harbor. West of subject
property 5 is land that is zoned PD; that land consists of citrus groves and wooded areas.
Future Land Use Pattern
Subject Property I
Subject Property 1 and land to the east, south and north have an L-1 land use designation on the
county's future land use map. To the west of subject property 1 and across US Hwy 1,land has a C/I
land use designation.
Subject Property
W- Subject property 2 and the properties to the north,south and west have a C/I land use designation on
the county future land use map.The C/I designation allows various commercial and industrial uses.
To the east is subject property 4; that property has an L-1 land use designation.
Subject Property3
Subject property 3 and properties to the north,east,and south have an L-1,Low Density Residential-
1, land use designation on the county future land use map. The L-1 designation permits residential
uses with densities up to 3 units/acre.Properties to the west of subject property 3 and across US Hwy
1 have a C/l, Commercial Industrial, land use designation on the county future land use map.
Subject Property 4
Subject property 4 and the land to the north have an L-1 land use designation on the county future
land use map. Except for the properties that are adjacent to the southwest corner of subject property
4, the land to the west has an L-1 land use designation. The properties that are adjacent to the
southwest corner of subject property 4 have a C/I,Commercial Industrial,land use designation. To
the east, land has L-1 and C-2, Estuarine Wetlands Conservation, land use designations. The C-2
land use designation permits residential densities up to 1 unit/40 acres. Land to the south is
designated as M-1,Medium Density Residential-1,on the county's Future Land Use Map.The M-1
designation permits residential uses with densities up to 8 units/acre.
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Subject Property 5
Subject property 5 is the eastern±94.36 acre portion of the River Bend PD. That property has L-1
and C-2 land use designations on the county future land use map. While C-2 designated areas are
depicted on the Future Land Use Map,policies 1.6 and 1.7 of the Future Land Use element provide
for the exact boundaries of the C-2 conservation designated area to be determined by environmental
survey. Since environmental surveys show that the portion of the area of subject property 5 that is
currently depicted as L-1 on the Future Land Use Map is estuarine wetlands,that area is actually C-2.
Land to the south is designated as C-2 and M-1 on the county's Future Land Use Map,
Environment
With the exception of the wetlands that border the Indian River Lagoon on the eastern portion of the
overall site,the subject properties contain mostly old citrus groves and a few wooded areas. Those
old groves and wooded areas are not designated as environmentally important or environmentally
sensitive by the comprehensive plan. The estuarine wetlands, however, are designated
environmentally sensitive. For that reason, the eastern portion of the overall site is designated C-2
on the future land use map. According to Flood Insurance Rating Maps,only the western one-quarter
of the subject site lies within Flood Zone X.The rest of the site is within Flood Zones X500 and AE.
Because there is an eagle's nest immediately adjacent to the southern boundary of subject property 3,
there are listed species issues affecting the subject properties.
Utilities and Services
The site is within the Urban Service Area of the county. Wastewater service is available to the site
from the Central Regional Wastewater Treatment Plant,while potable water service is available to
the site from the North County Reverse Osmosis Plant.
Transportation System
Abutting the northern boundary of subject properties 1, 3 and 4 is 63`d Street. That roadway is a
local road with 50 feet of existing public road right-of-way. From its intersection with US Hwy 1
and for approximately 200 feet east of the Antilles subdivision entrance, 63`d Street is paved.
The western boundary of subject properties 1, 2, and 3 abuts US Hwy 1. Classified as an Urban
Principal Arterial on the county's future roadway thoroughfare plan map,this segment of US Hwy 1
has approximately 70 feet of public road right of way.That segment of US Hwy 1 is programmed to
be 6 laned by 2030.
ANALYSIS
In this section,an analysis of the reasonableness of the land use amendment and rezoning requests
will be presented. Specifically, this section will include:
• An analysis of the request's impact on public facilities;
• An analysis of the request's consistency with the county's comprehensive plan;
• An analysis of the request's compatibility with the surrounding area; and
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• An analysis of the request's potential impact on environmental quality.
Concurrency of Public Facilities
The subject property is located within the County's Urban Service Area, an area deemed suited for
urban scale development. Within the Urban Service Area, the comprehensive plan establishes
standards for: transportation,potable water,wastewater,solid waste,stormwater management,and
recreation. The adequate provision of those services is necessary to ensure the continued quality of
life enjoyed by the community. To ensure that the minimum acceptable standards for those services
and facilities are maintained,the comprehensive plan requires that new development be reviewed for
a concurrency determination. For land use designation amendment and rezoning requests that result
in an increase in density or intensity,that review is undertaken as part of the conditional concurrency
determination application process.
As per the Concurrency Management Chapter of the County's Land Development Regulations,
projects which do not increase land use density or intensity are exempt from concurrency
requirements. This request is to eliminate the existing PD zoning of the subject properties and
reestablish the zoning districts that were in place prior to approval of the River Bend PD with some
locational changes. As such, the density allowed by the requested zoning districts will not exceed
the density that existed prior to approval of the PD zoning. In fact,the requested overall density will
be slightly less,because approximately 94.36 acres which had been zoned RS-3 and RS-1 prior to the
current PD zoning are being rezoned to CON-2,a district which allows a transferable density of only
1 residential unit per acre. Because the small scale land use amendment is a swap of 1.79 acres of
CII for 1.79 acres of L-1, there will be no additional density or intensity created by the land use
amendment and rezoning actions.
Even though the proposed rezoning will result in less density than would have been allowed by the
subject property's zoning prior to approval of the current PD zoning, the proposed rezoning will
result in an increase in density from the current PD zoning. While that PD zoning allows 650
residential dwelling units, the proposed rezoning would allow 1,029 units. For that reason, the
applicant in this case submitted a conditional concurrency application. Along with that application,
the applicant submitted a Traffic Impact Analysis report for the rezoning request.
As per Section 910.07 of the County's Land Development Regulations (LDRs), conditional
concurrency review examines the available capacity of each facility with respect to a proposed
project. Since land use amendment and rezoning requests are not projects,county regulations call for
the concurrency review to be based upon the most intense use of the subject property under the
requested land use and zoning designations.
For commercial/industrial land use amendment requests,the most intense use(according to section
910.08(a)4.of the LDRs)is retail commercial with 10,000 square feet of gross floor area per acre of
land proposed for redesignation or rezoning. For residential land use or zoning amendment requests,
the most intense use(according to section 910.08(a)4.of the LDRs)is the maximum number of units
that could be built on the site, given the size of the property and the maximum density under the
proposed land use or zoning designation. The site information used for the concurrency analysis is
as follows:
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Subject Property 1
1. Size of Area to be Redesignated: t 1.79 acres
2. Existing Land Use Designation: L-1, Low-Density Residential-1 (up to 3 units/acre)
3. Most Intense Use with Existing
Land Use Designation: 5 units
4. Proposed Land Use Designation: CA,Commercial/Industrial
5. Most Intense Use with
Proposed Land Use Designation: 17,900 square feet of Retail Commercial
Subject Property 2
1. Size of Area to be Redesignated: f 1.79 acres
2. Existing Land Use Designation: C/I,Commercial/Industrial
3. Most Intense Use with Existing
Land Use Designation: 17,900 square feet of Retail Commercial
4. Proposed Land Use Designation: L-1,Low-Density Residential-1 (up to 3 units/acre)
5. Most Intense Use with 5 units
Subject Property 3
1. Size of Area to be Rezoned: f 23.53 acres
2. Existing Zoning: PD
3. Most Intense Use with Existing Zoning: 650 units for the entire PD
4. Proposed Zoning: RM-3, Multi- Family Residential district (up to 3
units/acre)
5. Most Intense Use with Proposed Zoning: 70 units
Subject Property 4
1. Size of Area to be Rezoned: f 317.49 acres
2. Existing Zoning: PD
3. Most Intense Use with Existing Zoning: 650 units for the entire PD
4. Proposed Zoning: RS-3, Single-Family Residential district (up to 3
units/acre)
5. Most Intense Use with Proposed Zoning: 952 units
Subject Property 5
1. Size of Area to be Rezoned: f 94.36 acres
2. Existing Zoning: PD
3. Most Intense Use with Existing Zoning: 650 units for the entire PD
4. Proposed Zoning: Con-2,Estuarine Wetlands Conservation district(up to
1 units/40 acres)
5. Most Intense Use with Proposed zoning: 2 units
Because the small scale land use amendment is a swap of 1.79 acres of CA for 1.79 acres of L-1,
there will be no additional density or intensity created by the land use amendment and associated
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rezoning actions. Therefore,the land use amendment is exempt from the concurrency requirement.
1"W rezoning
the rezoning portion of the request, a detailed concurrency analysis was conducted.
Transportation
In this case, the applicant submitted a Traffic Impact Analysis (TIA) report for the rezoning.
Prepared by a licensed traffic engineer, a TIA reports the number of peak hour/peak season/peak
direction trips that would be generated by the most intense use of the subject property under the
proposed zoning districts, and it assigns those trips to the County's thoroughfare roadway network
within the project's area of influence. That area of influence is defined in section 910.09(4)(b)3(a)of
the County's LDRs as roadway segments that receive eight(8)or more peak season/peak hour/peak
direction project trips for two-lane roadways or fifteen (15) or more peak season/peak hour/peak
direction project trips for four-lane(or wider) roadways.
For this rezoning request, a TIA was prepared by the applicant, and reviewed/approved by Traffic
Engineering Division staff. According to the approved TIA,the existing level of service on impacted
roadways would not be lowered by the traffic generated by development on the subject property.
Therefore, the subject request meets the transportation concurrency requirement and is consistent
with the county's thoroughfare plan.
Water
With the proposed rezoning, the subject property could accommodate 1,029 residential units,
- resulting in 257,250 gallons of water consumption per day. In this case,development on the subject
property will be served by the North County Reverse Osmosis Plant, a facility which currently has
more than 10 million gallons per day of existing and planned capacity to accommodate the additional
demand generated by the proposed rezoning.
Wastewater
With the 1,029 units that could be built under the proposed rezoning, the subject property would
generate 257,250 gallons of wastewater per day. That wastewater will be treated at the Central
Wastewater Treatment Plant,a facility which currently has more than 1.7 million gallons per day of
existing and planned capacity to accommodate the additional wastewater generated by the subject
request.
Solid Waste
Solid waste service includes pick-up by private operators and disposal at the county landfill. A
review of the solid waste capacity for the active segment of the county landfill as well as planned
capacity expansions of the landfill indicates that the county landfill can accommodate the additional
solid waste generated by the site under the proposed rezoning.
Stormwater Management
All developments are reviewed for compliance with county stormwater regulations, which require
on-site retention, preservation of floodplain storage and minimum finished floor elevations. In
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addition, development proposals must meet the discharge requirements of the county Stormwater
Management Ordinance.
Since the subject property does not lie within a flood zone"Y',the minimum floorelevation level of
service standard as well as the on-site retention and discharge standards apply. In this case, the
stormwater management level of service standard will be met by limiting off-site discharge and
maintaining on-site retention of the stornnvater runoff associated with the most intense use of the
property.
School Concurrency
With the 1,029 units that could be built under the proposed zoning and with per unit student
generation multipliers of 0.189 for elementary school students,0.097 for middle school students,and
0.123 for high school students,the projected number of elementary,middle and high school students
are 194, 99, and 126 students, respectively. In this case, the impacted schools are Dodgertown
Elementary,Gifford Middle,and Sebastian High School.For those schools,the current capacities are
762, 1,042, and 2,465, respectively, and available capacities are 321, 152, and 559, respectively.
Those numbers indicate that there are sufficient existing and planned student stations to
accommodate future student enrollments associated with this rezoning.
Concurrency Summary_
Based upon the analysis conducted, staff has determined that all concurrency-mandated facilities,
including transportation, stormwater management,solid waste,water,wastewater,and schools,have
adequate capacity to accommodate the most intense use of the subject property under the proposed
rezoning.There fore, the adoption of the proposed land use amendment and rezoning will not have
any additional impact on any public facilities or services.As with all projects,a detailed concurrency
analysis will be done in conjunction with site development. That concurrency analysis will address
facility service levels, demand, and capacity.
Consistency with Comprehensive Plan and Land Development Regulations
Rezoning requests are reviewed for consistency with all applicable policies of the comprehensive
plan and all applicable land development regulations. Rezoning requests must also be consistent
with the overall designation of' land uses as depicted on the Future Land Use Map, including
agriculture,residential,recreation,conservation,and commercial and industrial land uses and their
densities.
The goals,objectives and policies are the most important parts of the comprehensive plan. Policies
are statements in the plan which identifies actions which the county will take in order to direct the
community's development. As courses of action are committed to by the county, policies provide
the basis for all county land development related decisions--including plan amendment and rezoning
decisions. While all comprehensive plan objectives and policies are important, some have more
applicability than others in reviewing plan amendment and rezoning requests. Of particular
applicability for this request are the following policies.
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Future Land Use Element Policy 14.3
In evaluating a land use amendment portion of the request, the most important consideration is
Future Land Use Element Policy 14.3. That policy requires that one of four criteria be met in order
to approve a land use amendment request. These criteria are:
• The proposed amendment will correct a mistake in the approved plan;
• The proposed amendment will correct an oversight in the approved plan;
• The proposed amendment is warranted based on a substantial change in circumstances
affecting the subject property; or
• The proposed amendment involves a swap or reconfiguration of land use designations at
separate sites and,that swap or reconfiguration will not increase the overall land use density
or intensity depicted on the Future Land Use Map.
In this case, the proposed land use plan amendment meets the policy's fourth criterion. As
specifically cited in that policy,the proposed amendment involves a swap or reconfiguration of land
use designations at separate sites,and that swap or reconfiguration will not increase the overall land
use density or intensity depicted on the Future Land Use Map. For those reasons, the proposed
amendment meets the fourth criterion of Future Land Use Element Policy 14.3.
Because the proposed amendment meets the policy's fourth criterion, the proposed amendment is
consistent with Future Land Use Element Policy 14.3.
Other Objectives and Policies
While Future Land Use Element Policy 14.3 applies only to comprehensive plan amendments,other
objectives and policies apply to both plan amendments and rezonings. For that reason,the proposed
plan amendment and rezoning were evaluated with respect to all plan objectives and policies. The
following objectives and policies apply to both the proposed plan amendment and the proposed
rezoning.
Future Land Use Element Objective I
Future Land Use Element Objective 1 states that the county will have a compact and energy efficient
land use pattern. By allowing the site to be developed in a manner that is consistent with the site's
land use designation, the request serves to create a more compact land use pattern within the urban
service area. For that reason,the request is consistent with Future Land Use Element Objective 1.
Future Land Use Element Policy 1.11
Future Land Use Element Policy 1.11 states that the Low-Density Residential land use designation is
intended for areas suitable for urban and suburban scale development. In addition,Future Land Use
Element Policy 1.11 states that those residential uses must be located within the urban service area.
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Since the subject property is located within an area designated as L-I on the county's future land use
plan map and is located within the county's urban service area and since the proposed zoning
districts would allow residential uses no greater than the 3 units/acre permitted by the L-1
designation, the proposed request is consistent with Future Land Use Policyl.11.
Future Land Use Element Policy 1.16
Future Land Use Element Policy 1.16 states that the Commercial/Industrial land use designation
should be within the urban service area and in areas that are suitable for urban scale development and
intensities.
Since subject property 1 has frontage on US Hwy 1, is within the urban service area, and the
proposed swap of the commercially designated land on subject property 2 would allow commercial
development on Subject Property 1 without an increase the overall intensity,the proposed request is
consistent with Future Land Use Element Policy 1.16.
Future Land Use Element Objective 2
Future Land Use Element Objective 2 states that the county will locate residential densities greater
than 0.2 units/acre and commercial/industrial uses within the urban service area. Since the proposed
rezoning would allow residential development up to 3 units per acre and would allow commercial
uses within the urban service area,the proposed request is consistent with Future Land Use Objective
2.
Future Land Use Element Policy 2.2
Future Land Use Element Policy 2.2 states that the county shall encourage and direct growth into the
urban service area through zoning and LDRs. Since the proposed rezoning would allow and
encourage development of up to 3 units per acre on the subject property and since the subject
property is within the urban service area, the request implements Future Land Use Element Policy
2.2.
As part of its consistency analysis,staff compared the proposed request to all appropriate objectives
and policies in the comprehensive plan and all applicable land development regulations and found no
conflicts. Staff also evaluated the request with respect to the public interest and determined that the
request does not conflict with the public interest and is in harmony with the purpose and interest of
the land development regulations. Therefore,the request is consistent with the comprehensive plan.
Compatibility with the Surrounding Area
If approved, the small scale land use amendment will simply swap the land use designations on
properties 1 and 2, while the proposed rezoning will re-establish conventional residential zoning
districts on all subject properties. Because the overall property was zoned for residential and
commercial uses before it was rezoned PD, this rezoning action will restore, more so than change,
the site's zoning designation. Since the residential and commercial uses had previously been
determined to be appropriate for the site and compatible with surrounding properties,it is reasonable
to conclude that that is still the case.
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At least three other factors indicate that the proposed RM-3,RS-3,CON-2,and CG zoning districts
�" would be appropriate for this portion of the county. Those are: the underlying designations on the
Future Land Use Map of L-1, Low-Density Residential-1 (up to 3 units per acre), CII, Commercial
and Industrial and C-2;the development pattern in this portion of the County; and the wetland area
of subject property 5 that borders the Indian River Lagoon.
As proposed, the RM-3 and RS-3 zoning of properties 2, 3, and 4 will be consistent with the
properties' underlying L-I land use designation and will be compatible with the existing multiple-
family zoning district to the south and the single-family residential zoning district to the north and
west. While the River Club of Grand Harbor project to the south of the subject properties is built at
a density of.39 units/acres, that property is developed with a mixture of multiple family and single
family units and a golf course. That property is also separated from the subject properties by the
North Relief Canal. Because of the substantial width of the North Relief Canal, there will be no
compatibility issues between the subject properties and the developed properties to the south.
It is also anticipated that no incompatibilities will arise between the subject properties and the
adjacent RM-3, RS-3 or CG zoned properties to the west. As proposed, the requested zoning
districts are a continuation of those established zoning districts and the development pattern in this
portion of the county.
As for the proposed CON-2 zoning on subject property 5, the C-2 land use designation currently
recognizes this area as estuarine wetlands. In this case, the CON-2 zoning district will provide the
necessary zoning to buffer the Indian River Lagoon from encroaching development and protect the
�. estuarine wetlands along the lagoon.
The aforementioned factors indicate a trend toward continued urbanization in this portion of the
county and an opportunity for the county to protect valuable wetlands along the Indian River Lagoon.
Those factors also indicate that the proposed request will result in an orderly and logical
development pattern in the county.Therefore,no incompatibilities are anticipated to occur as a result
of the proposed rezoning and small scale land use amendment.
Potential Impact on Environmental Quality
Overall, the environmental impact of the requested land use amendment and rezoning will be no
different from the environmental impact associated with the existing zoning allowances. Since a
majority of the subject properties contains citrus groves and wooded areas, those areas are not
designated as environmentally important or environmentally sensitive by the comprehensive plan.
While a portion of the subject properties consists of wetlands,those wetlands are designated as C-2
on the future land use map, are environmentally sensitive, and will be rezoned to CON-2.
Because there is an eagle's nest immediately adjacent to the southern boundary of subject property 3,
any development on the subject properties will need to maintain a protective buffer of 750 to 1500
feet from that nest.Also,the U.S.Fish and Wildlife Agency must approve any development adjacent
to that buffer. Even with an eagles nest adjacent to the subject properties,development can occur on
the subject properties without there being any adverse environmental impacts as long as endangered
species requirements are followed.For those reasons,no significant adverse environmental impacts
associated with this request are anticipated.
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CONCLUSION
Based on the analysis, staff has determined that the comprehensive plan land use map amendment
and rezoning requests are compatible with surrounding areas,are consistent with the comprehensive
plan, meet all concurrency criteria, will have no additional negative impacts on environmental
quality, and meet all applicable rezoning criteria. Most importantly, the subject properties are
located in an area deemed suited for commercial and low-density residential uses. In this case,the
request is warranted because market conditions have changed,and the development plan associated
with the current PD zoning of the subject property is no longer feasible. For those reasons, staff
supports the request.
RECOMMENDATION
Based on the analysis,staff and the Planning and Zoning Commission recommend that the Board of
County Commissioners approve the small scale land use amendment and rezoning of the subject
properties by adopting the attached ordinances.
ATTACHMENTS
1. Summary Page
2. Existing and Proposed Zoning and land Use maps
3. Rezoning Application
4. Small Scale Land Use Amendment Application
5. Unapproved minutes of the October 10, 2013, Planning and Zoning Commission meeting
6. Land Use Amendment Ordinance
7. Rezoning Ordinance
Approved Agenda Item:
Indian Approved Date
River Co.
� , Admin.
For: 6t) d�/,3
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B Budget �d
Dept.
Risk
F:\Community Development\Rezonings\Grand Harbor North 2013 Rrezoning\StaffReports\BCC Agenda GHN 11-5-2013.doc
NOW
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SUMMARY PAGE
�..► Subject Properties 1-5
GENERAL
Applicant: Grand Harbor Lands North LLC
Location: Southeast quadrant of the intersection of 63`d Street and US Hwy 1
Acreage: +/-439.01 acres to be rezoned plus 3.58 acres for LUDA/Rezone
Land Use Designation: L-1,Low Density Residential-1 (up to 3 units/acre),C/I,Commercial
Industrial,and C-2,Conservation-2(up to 1 unit/40 acres)
Existing Zoning: PD,Planned Development,formerly RS-3,Single-Family
Residential District(up to 3 units/acre),RS-1,Single-Family
Residential District(up to 1 unit/acre),RM-3,Multiple-Family
Residential District(up to 3 units/acre),and CG,General
Commercial
Requested Zoning: RS-3, Single-Family Residential District (up to 3 units/acre), RM-3, Multiple-
Family Residential District(up to 3 units/acre),CON-2,
Estuarine Wetlands Conservation,and CG,General Commercial
Existing Land Use: Citrus groves,wooded areas and wetlands
ADJACENT LAND
North: Antilles Subdivision: Zoned RS-3, Single-Family Residential District (up to 3
units/acre)
South: River Club of Grand Harbor:Zoned RS-6,Single-Family Residential District(up to
6 units/acre) and RM-6,Multiple-Family Residential District(up to 6 units/acre)
and CG,General Commercial District
East: Indian River Lagoon,wooded areas and wetlands:Zoned PD,Planned Development
West: Wooded sites,residential and commercial uses:Zoned IL,Light Industrial District,
RS-3, Single-Family Residential District (up to 3 units/acre), RM-3, Multiple-
Family Residential District (up to 3 units/acre), and CG, General Commercial
District
INFRASTRUCTURE
Wastewater service is available from the Central Regional Wastewater Treatment Plant;Potable water service is
available from the North County Reverse Osmosis Plant;Access is from 63`d Street and US Hwy 1
ENVIRONMENTAL CONSTRAINTS
Eagle nest on adjacent property south of subject property 3;
Flood Zone X,X500,and AE
PUBLIC NOTIFICATION
PZC BCC
Staff Contact: Sasan Rohani Sasan Rohani STAFF RECOMMENDATION
Date Advertised: Sept.25,2013 Oct. 21,2013 Staff supports the request
# of Surrounding Property 42 42
Owner Notifications:
Date Notification Mailed: Sept. 25,2013 Oct. 21,2013
Date Sign Posted: Sept.25,2013 Oct.21,2013
Attachment 1
16
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165
Existing Land Use Map
Grand Harbor North I BEB/Atlantis/Richey Pr erties
sr wclnclR 1
6YRD ST
Subject Property 1 //VV
apaox 1.79 ac
from L-1 to GI
g
a
a Z
61ST Si
rs Y
L-1
L-2
Subject Property 2(1,,
approx 1.79 ac
from G1 to L.1 `.
57TH%I
Legend
Future Land Use
M-1
L-2 ✓e
IN 1 r
Swru.IRS Community Ceve3oprxnt DOO"*It Seoamper 3,2013
Proposed Land Use Map
Grand Harbor North/BEB/Atlantis/Richey Pr sites
ST LUCIA'CIR
ti3RU SI
Subjeq Property 1 �\
approx 179 ac
Gri from L-1
4 c
o �
o s
CY 61ST ST
i;
L-2 ,t
Subject Property 2 1,..
a mx 179 ac
L-I from G1 S21 H ST
w
SIiN St���
Legend
Future Land Use
C-2 M4 ! '
-CA y� -
�r
L2 � r
Spice IRC Communtf Deveoemw:Deo mmm Sem msr 3,201,
Attachment 2
17
166
Existing Zoning Map
Grand Harbor North/BEB/Atlantis I Richey Propertie% s
R3-3 FI
63RD 51
RS-1
Subject Property 1 /
approx 1.79 ac
from PD to CG
Subject Property 3% RS-3 RS-3
approx 23.58 ac 61sT ST
from PD to RM-3
RM-3 Subject Property 51
oSubject Property 4 approx 94.36 ac
RM� approx 319 28 ac tram PD to CON-2
^,
from PD to RS-3 PD
1 c
.
Subject Property 21
approx 1.79 ac ` At
from PDtoRS-3 Htt
RS-1
zonpq
cc a is
CL rnaa 1 1,
-10
tt MYJ au2 s4 .....
Sauce.IRC C—ney Derv"Pr nt Oepa mM Septemner 3.2013
Proposed Zoning Map
Grand Harbor North/BEB!Atlantis I Richey Properties
31 ku(IKfIR PID
63RD SI
Subject Property 1 -3 RS-1
approx 1.79 ac
CO from PD
1
.' 61st 3T RS-3 _.--
Subject Property 3 e
opproz 23.58 ac
IU.1-3 hom PD =
t' Subtest Property 5
— Subject_ approx 3189928 eco COIN-2 from PD
l
RS-3 from PD
"Subject Property 21, Q1,,,b
approx 1.79 ac
RS-3 trom PD �\ ', U I H SI
1M
57TH ST. RS-1
E
Lpend
ZONRO PD
m ca R., 1', RS-6
>rrat A-1
Sarco IRC Cmmmuney 0*. PnJ Decaromrnt 3"temEer 3,X113
Attachment 2
18
167
APPLICATION FORM „
REZONING REQUEST(RZON) JL IL 2013
�•.. INDIAN RIVER COUNTY
Each application must be complete when submitted and must includ ail required
attachments. An incomplete application will not be processed and will be reed to the
applicant. 2C —SD
Assigned Project Number: RZON - D D D D 1
171
Current Owner Applicant(Contract Agent
Purchaser
Name: See Attached List N/A GH North Land, LLC
2231 Falls Circle
Complete Mailing
Vero Beach, FL 32967
Address:
Phone #t: (including area 772-794-7811 772-794-7811
code
Fax #: (including area 772-770-4727 772-770-4727
code
cclea randharbor.com ccleary@grandharbor.com
E-Mail: ry@g
Contact Person: Chris ClearyChris Cleary
FSi2naturef Owner orA ent: Property Information
te ; s: Fast of U. ighway /North of North Relief Canal 1 South of 63rd Street
Site 'lax Parcel I.U. #s: See Attached List
Subdivision Name. Unit Number. Block and Lot Number (if applicable) N/A
Zoning District:
PD Existin Land Use Designation: L-1 & C/I
-Existing
Requested Zoning District: RS-3/RM-3/CG/C0N-2
� .0a
Total (gross) Acreage of Parcel: 439.08 Acrea e(--'N be D-
-Existing Use on Site: Agriculture
-proposed Use on Site: N/A
D.
....
WACHMPAN 3 i
.' rr.:.;rsi:..-a• :c. 168
�... THE APPLICANT IS STRONGLY ENCOURAGED TO ATTEND A PRE-APPLICATION CONFERENCE
NVITII LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING IN ORDER TO RESOLVE
OR AVOID PROBLEMS CONNECTED WITH THE REZONING REQUEST.
REZONING APPLICATION CHECKLIST
Please attach the following items to this application. Do not ignore any of the items. Indicate "N/A" if an item
is not applicable.
ITEMS A licant's Checklist Staff Checklist
1. Fee:
Property Size ,z _
- Less than 5 Acres $1,550.00
- 5 to 40 Acres $2,000.00
-41 to 100 Acres $2,300.00
- More than 100 Acres $2,500.00* Z SD
x 5125.00 for each additional 25 acres over 100 acres
2. Completed Rezoning Application Forth front pa e X
3. Letter of Authorization from Current Owner(s) X
OR Current Owner is Applicant
4. Verified statement(separate letter)naming every X
individual or entity having legal or equitable
ownership in the property,
5. One(])_Copy of the current Owner's Deed X
6. A Current O%N ncr's Title Policy
OR A Certificate ofTitle from a Title Company X
OR An attorney's written opinion evidencing fee
OxN nersh i p of the ro)ert
7. One (1) SEALED boundary survey of the area to be
rezoned. The boundary survey' shall include. but
not be limited to the following:
w a legal description of the land to be rezoned
X
® the size of the land to be rezoned
N the public road right-of-way width of adjacent roads;
and
® a north arrow
8. Electronic version (MS Word is preferable) of the X
le al description
9. Copy of Approved Concurrency Certificate
OR Copy of filed application for Concurrency X
Certificate, including traffic study, if applicable
NOTE: ITEMS 2-6 MUST INDICATE THE SAME OWNERSHIP OF THE SUBJECT
PROPERTY.
..►
Revised: January 10, 2008
I '\Cunununm Development'UtiersIVICKIF1rORN1ti\rezuningrequc>donn doc
2
169
REZONING
OWNERS TAX I.D. #
Grand Harbor North Land LLC 32-39-11-00000-5000-00008.0
c/o Grand Harbor Management, LLC 32-39-11-00000-5000-00009.0
4755 South Harbor Drive 32-39-11-00000-5000-00010.0
Vero Beach, FL 32967 32-39-11-00000-5000-00011.0
32-39-14-00000-1000-00001.0
32-39-14-00000-3000-00001.0
32-39-14-00000-3000-00002.0
32-39-14-00000-3000-00003.0
32-39-14-00000-3000-00004.0
32-39-14-00000-3000-00005.0
32-39-14-00000-3000-00006.0
32-39-14-00000-5000-00001.0
32-39-14-00000-5000-00002.0
32-39-14-00000-5000-00002.1
32-39-14-00000-5000-00003.0
w. 32-39-15-00000-7000-00005.0
BEB Investments, Ltd (96.48°/x) and 32-39-10-00000-7000-00029.0
Verocity LLC (3.52%)
685 Reef Road
Vero Beach, FL 32963
Atlantis Properties of Vero Beach, Inc 32-39-10-00000-7000-00030.0
80 Royal Palm Point, Suite 401
Vero Beach, FL 32960
Daniel R. and Audrey K. Richey 32-39-11-00000-5000-00009.1
PO Box 644103
Vero Beach, FL 32964
Y:\mm\projects\2009\0949\ADMIN\Permits&CorrespondenceMndian River County\Application Forms\owners and tax IDs 13-0611.x1s 170
APPLICATION FORM
LAND USE DESIGNATION AMENDMENT (LIJDA) , t"
INDIAN RIVER COUNTY
Planning Division accepts Land Use Designation Amendment applications only during the
months of January and July of each year unless it is a small scale land use amendment (less
than 10 acres). Each application must be complete when submitted and must include all
required attachments. An incomplete application will not he processed and „'ill be
returned to the applicant. r711 -73 4K/A
Assigned Project Number: LUDA
Current Owner Applicant (Contract Agent
Purchaser
Name: See Attached List N/A GH North Land, LLC
Complete Mailing 2231 Falls Circle
Address: Vero Beach, FL 32967
Phone# (including area 772-794-7811 772-794-7811
code
Fax# (includingarea code 772-770-4727 772-770'4727
E-Mail: ecleary@grandharbor.com ccleary@grandharbor.com
Contact Person: Chris Cleary Chris Cleary
Signature of Owner or Agent:
roperty Information
Site .Address: East of U. . ighway 4#1 /North of North Relief Canal 1 South of 63rd Street
Site Tax Parcel 1.1). i's: 32-39-15-00000-7000-00005.0& 32-39-10-00000-7000-00029.0
Subdivision Name, Unit Number, Block and Lot Number(if applicable) _N/A
L-1 & C/I Existing Zoning District: PD
Existing Land Use Designation: � g
Requested Land Use Designation: L-1 & C/I Requested Zoning District:RS-3/RM-3/CG/CON-2
Total (gross) Acreage of Parcel: 3.58 Acreage (net) to be Amended: 3.58
Existing Use on Site: Agriculture
Proposed Use on Site: N/A
APPLICANT(S) MUST ATTEND A PRE-APPLICATION°CONFERENCE AXITH LONG-RANGE
PLANNING SECTION STAFF PRIOR TO APPLYING.
171
LAND USE DESIGNATION AMENDMENT APPLICATION CHECKLIST
Please attach the following items to this application. Do not ignore any of the items. Indicate "N/A" if an
item is nota licable.
ITEMS Applicant's Checklist Staff Checklist
1. Fee:
Propelt Size LUDA Only LUDA and Rezonin
- Less than 5 Acres $3,000.00 $3,800.00 $3,800
- 5 to 40 Acres $3,800.00 $4,100.00
- 41 to 100 Acres $4,000.00 $4,400.00
- More than 100 Acres $4,000.00* $4,500.00**
* $200.00 for each additional 25 acres over 100 acres
** $150.00 for each additional 25 acres over 100 acres a
2. Completed LUDA Application Form front page) X
3, Completed Rezoning Application Form (if X
applicable)
4. Letter of Authorization from Current Owner(s) X
OR Current Owner is Applicant
5. Verified statement(separate letter) naming every X
individual or entity having legal or equitable
ownership in the property.
6. One (1 Co of the Owner's Deed X
7. A Current Owner's Title Policy
OR A Certificate of Title from a Title Company X
OR An attorneN's written opinion evidencing fee
ownership of the property.
S. One (1) Sl---Al-FD boundar\ surVe, of the area to be redesignated.
The boundary Survey shall include. but not be limited to the following: X
❑ a legal description of the land proposed for resdesignation;
❑ the size of the land proposed for redesignation;
❑ the public road right-of-way width of adjacent roads; and
❑ a north arrow
9. Electronic version MS Word is referable of the legal description X
10. Copy of Approved Concurrency Certificate
OR Copy of filed application for Concurrency X
Certificate, including traffic study, if applicable
11, Written statement discussing the following:
The proposed amendment's consistency with the goals, objectives,
X
and policies of the comprehensive plan;
® The proposed amendment's impact on public facilities and services
® The proposed amendment's environmental impacts; and
® The proposed amendment's compatibility with surrounding areas.
NOTE: ITEMS 2-7 MUST INDICATE THE SAME OWNERSHIP OF THE SUBJECT
PROPERTY.
Revised: January 10, 2008 I)evclopmentVlJscrsVVICE`IF\FORMSVCI'AAMGNI)Nil:N'rrORM doc
2
172
LAND USE DESIGNATION AMENDMENT (LUDA)
OWNERS TAX I.D.#
Grand Harbor North Land LLC 32-39-15-00000-7000-00005.0
c/o Grand Harbor Management, LLC
4755 South Harbor Drive
Vero Beach, FL 32967
BEB Investments, Ltd (96.48%) and 32-39-10-00000-7000-00029.0
Verocity LLC (3.52%)
685 Reef Road
Vero Beach, FL 32963
Y:\mm\Projects\2009\0949\ADMIN\Permits&Correspondence\Indian River County\Application Forms\owners and tax IDs 13-0611.xls 173
174
ON MOTION BY Mr. Brog nano,--SECONDED BY Dr.
Day, the members vote ;unanimously (5-0) to
recommend thata Board of County
Commissioners nt ,ogcial exception use and
conceptual PD plan approval, for the Reserve at
Grand Harb , subject to the outlined conditions;
and gran reliminary PD plan/plat approval.
Chairman Zimmerman read the following into the record:
B. Grand Harbor North and Others' Request to Rezone ±439.01 acres
from PD to RS-3, RM-3, CG, and CON-2; and Request for a Small
Scale Land from Use Map Amendment to Redesignate ±1.79 acres
from L-1 to C/I ; and simultaneously Redesignate ±1.79 acres from
C/I to L-1 (2004040046/71171 & 71173) [Quasi-Judicial and
Legislative]
Chairman Zimmerman asked the Commissioners to reveal any ex-parte
communication with the applicant or any contact that would not allow them to
make an unbiased decision. He stated he had spoken to Mr. Boling and
representatives of the Indian River Land Trust regarding this issue; however said
communication did not affect his ability to look at this matter with an open mind.
Mr. Sasan Rohani, IRC Chief of Long-Range Planning, reviewed the
information contained in his memorandum dated October 2, 2013, and gave a
PowerPoint presentation, a copy of which is on file in the Commission Office. He
concluded with staffs recommendation that the PZC recommend that the BCC
approve the small scale land use amendment and rezoning of the subject
properties as requested.
Chairman Zimmerman estimated if this was approved 800 homes could be
built on the subject site, and asked how many there were under the current PD.
Mr. Boling responded the current PD was approved for 650 units.
Mr. Bob Keating, IRC Community Development Director, advised the only
zoning districts that could apply to the subject property were CON-2 or PD.
Chairman Zimmerman opened the public hearing at 7:40 p.m.
Mr. Dan Richey, 2625 63rd Street, Vero Beach, gave a brief history of the
subject property. He clarified he and his family lived on a five-acre parcel
adjacent to the property and said when the land was sold to Grand Harbor he
PZC/Unapproved 4 October 10, 2013
F:\BCC\AII Committees\P&Z\2013—AGENDAS & MINUTES\P&Z-10-10-13.doc
175
retained one half acre of the PD as a level of security to protect his original rights
because all owners had to agree to any rezoning. Mr. Richey submitted into
evidence a copy of an agreement between himself and Legend Properties, Inc.,
the developer/owner. He indicated he was not opposed to the proposal; however
he wanted the agreement to be part of the record.
Mr. Richey stressed he was opposed to the RM-3 line encroaching much
more to the east and wanted to be sure the zoning was kept where it was and not
be expanded eastward.
Mr. Rohani explained the difference in the current proposal to what it had
been previously.
Chairman Zimmerman asked what was on the southwest corner of the
property.
Mr. Richey thought it was an old oak hammock.
Chairman Zimmerman asked Mr. Richey what he thought about the
increase in density.
Mr. Chris Cleary, representing the applicant, pointed out there was no plan
�— before the members, so any increase in density was a theoretical number. He
clarified he was not asking for any additional units; however he would be allowed
to seek approval at the time there was a plan. Mr. Cleary stated this was a
housekeeping issue and all that was before the members today was to revert the
property back to what it was originally in the Comprehensive Plan.
Mr. Richard Bialosky, one of the owners of the subject property, explained
there was an agreement with the Department of Fish and Wildlife restricting
building within a radius of an eagle's nest located on the site. He related it was
the intention to eventually do a mixed-use development with some walk-to
commercial on U.S. Highway #1, with buffers, etc., and it would be a PD that had
to be approved and reviewed. Mr. Bialosky did not feel there were any negative
implications to the rezoning because whatever was proposed would be subject to
approval by the PZC and the BCC.
Chairman Zimmerman closed the public hearing at 8:00 p.m.
Chairman Zimmerman agreed it was a dead PD; but felt it was more than a
simple housekeeping issue because of the intensity of the use.
Discussion ensued.
PZC/Unapproved 5 October 10, 2013
F:16CC1All Committees\P&Z12013—AGENDAS & MINUTEST&Z-10-10-13.doc
116
low ON MOTION BY Mr. Brognano to approve staff's
recommendation.
The motion died for lack of a second.
ON MOTION BY Mr. Stewart to approve staff's
recommendation except for the extension of the
RM-3 zoning area further east; but rather keep it as
it was in the existing zoning map on page 15 of the
backup.
The motion died for lack of a second.
Chairman Zimmerman suggested the applicant table this matter so that
further work could be done on it.
ON MOTION BY Mr. Brognano, SECONDED BY Ms.
Caldarone, the members voted (4-1) to recommend
that the Board of County Commissioners approve
the small scale land use amendment and rezoning
of the subject properties as requested. Chairman
Zimmerman opposed.
'Now
Commissiongr's Matters
Chairman Zimmerman'. felt there had been some meaningful changes
relating to telecommunication towers due to increased data needs, and
expressed his concern th0t the County's plan may be outdated.
Mr. Boling said staff would be glad to come back to the PZC with detailed
information concerning the Wireless Master Plan that was done by a consultant
in 2001/02 and discuss the issues with the members.
Planning Matters
Mr. Billing updated the members on recent action taken by the BCC on
planning matters that had been before the PZC. He advised staff did not
anticipate/there would be a PZC meeting on October 24, 2013; but there would
be a meting on November 14, 2013.
Attorney's Matters
There were none.
PZC/Unapproved 6 October 10, 2013
F;1BCCIAII CommitteesTU\2013—AGENDAS & MINUTESTU-10-10-13.doc
177
.,.. ORDINANCE NO. 2013-
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE
FUTURE LAND USE MAP BY CHANGING THE LAND USE DESIGNATION FOR ±
1.79 ACRES LOCATED AT THE SOUTH-EAST CORNER OF US HWY 1 AND 63RD
STREET FROM L-1, LOW DENSITY RESIDENTIAL-1 (UP TO 3 UNITS PER ACRE),
TO C/1, COMMERCIAL INDUSTRIAL; AND TO SIMULTANEOUSLY REDESIGNATE
± 1.79 ACRES LOCATED EAST OF US HWY 1 AND NORTH OF THE NORTH RELIEF
CANAL FROM C/I, COMMERCIAL INDUSTRIAL, TO L-1, LOW DENSITY
RESIDENTIAL-1 (UP TO 3 UNITS PER ACRE); AND PROVIDING CODIFICATION,
SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive
Plan on February 13, 1990, and
WHEREAS, the County received the subject small scale comprehensive plan future land use
amendment application, and
WHEREAS, the Local Planning Agency held a public hearing on this small scale comprehensive plan
future land use amendment request on October 10, 2013,after due public notice,and
WHEREAS, the Local Planning Agency recommended that the Board of County Commissioners
approve the subject small scale comprehensive plan future land use amendment; and
WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan
Amendment Adoption Public Hearing on November 5, 2013,after due public notice.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County,
Florida,that:
SECTION 1, Small Scale Comprehensive Plan Future Land Use Amendment Adoption
The amendment to the Indian River County Comprehensive Plan Future Land Use
identified in Section 2 is hereby adopted
SECTION 2. Amendment to the Comprehensive Plan
Property 1
To change the Future Land Use Map designation from L-1, Low Density Residential-1 (up to 3
units per acre), to C/I, Commercial/ Industrial, for the following described property situated in
Indian River County, Florida:
ATTAC i MEN f.
1
178
.. ORDINANCE NO. 2013-
PART OF THE SOUTHEAST ONE-QUARTER OF SECTION 10, TOWNSHIP 32 SOUTH,
RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST ONE-QUARTER
OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 10, RUN NORTH 89013'52"
WEST ALONG THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER OF THE
SOUTHEAST ONE-QUARTER A DISTANCE OF 1319.48 FEET TO THE NORTHWEST
CORNER OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-
QUARTER, THENCE DEPARTING SAID NORTH LINE, RUN SOUTH 00015'57" WEST
ALONG THE WEST LINE OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER, A DISTANCE OF 25.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE
OF 63RD STREET(50' WIDE RIGHT OF WAY) AND POINT OF BEGINNING;
FROM SAID POINT OF BEGINNING RUN SOUTH 89013'52" EAST ALONG SAID SOUTH
RIGHT-OF-WAY LINE A DISTANCE OF 191.85 FEET; THENCE LEAVING SAID SOUTH
RIGHT-OF-WAY LINE RUN SOUTH 00°04'21" EAST A DISTANCE OF 233.03 FEET:
THENCE RUN SOUTH 89059'55" WEST A DISTANCE OF 303.36 FEET TO THE EAST
RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1 (120' WIDE RIGHT OF WAY); THENCE
RUN NORTH 14053'05" WEST ALONG SAID EAST RIGHT-OF WAY LINE A DISTANCE
OF 103.60 FEET TO A POINT ON A CURVE BEING CONCAVE TO THE NORTHEAST,
�.. SAID CURVE HAVING A RADIUS OF 17128.75 FEET, SUBTENDED BY A CHORD
BEARING AND DISTANCE OF NORTH 14041'43" WEST, 98.50 FEET, AN ARC LENGTH
OF 98.50 FEET AND A CENTRAL ANGLE OF 000 19'46" TO A POINT OF A COMPOUND
CURVE BEING CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 25.00 FEET,
SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 37057'12" EAST
39.66 FEET, AN ARC LENGTH OF 45.80 FEET AND A CENTRAL ANGLE OF 104°58'05"
TO A POINT; THENCE RUN NORTH 00026'15" EAST A DISTANCE OF 10.00 FEET TO
THE AFORESAID SOUTH RIGHT-OF-WAY LINE OF 63RD STREET (50' WIDE RIGHT
OF WAY); THENCE RUN SOUTH 89°33'45" EAST ALONG SAID SOUTH RIGHT-OF-
WAY LINE, A DISTANCE OF 138.37 FEET TO THE AFOREMENTIONED WEST LINE OF
THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER AND POINT
OF BEGINNING.
SAID PARCEL CONTAINING 1.79 ACRES, MORE OR LESS. SUBJECT TO ALI_
EASEMENTS, RIGHTS-OF-WAY, RESERVATIONS AND RESTRICTIONS OF RECORD,
IF ANY. AND
Property 2
To change the Future Land Use Map designation from C/l, Commercial/Industrial, to L-1, Low
Density Residential-1 (up to 3 units per acre), for the following described property situated in
Indian River County, Florida:
2
179
ORDINANCE NO. 2013-
FROM THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 15,
TOWNSHIP 32 SOUTH, RANGE 39 EAST, RUN SOUTH ON SECTION LINE 700 FEET TO
THE POINT OF BEGINNING; FROM POINT OF BEGINNING, CONTINUE SOUTH ON
SECTION LINE 570 FEET TO A POINT, SAID POINT BEING 75 FEET NORTH 1°00,EAST
OF NORTHEAST CORNER OF SOUTHEAST 1/4 OF SOUTHEAST 1/4 OF SECTION 15,
TOWNSHIP 32 SOUTH, RANGE 39 EAST; THENCE RUN ON NORTH LINE OF BY LESS
PROPERTY LINE AS DESCRIBED IN DEED BOOK 31, PAGE 339 TO EAST RIGHT OF
WAY LINE OF OLD HIGHWAY NO. 1; THENCE NORTHWESTERLY ON SAID EAST
RIGHT OF WAY LINE TO INTERSECTION WITH A LINE LYING 700 FEET SOUTH OF
AND PARALLEL TO THE NORTH LINE OF THE SOUTHEAST 1/4; THENCE RUN EAST
PARALLEL TO NORTH LINE OF THE SOUTHEAST 1/4 TO POINT OF BEGINNING,
LESS HIGHWAY RIGHT OF WAY AS RECORDED IN RECORD BOOK 82, PAGE 150
AND LESS AND EXCEPT THAT PORTION LYING WEST OF NEW U.S. HIGHWAY NO,
1. SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA.
CONTAINING 78,124 SQUARE FEET OR 1.79 ACRES, MORE OR LESS. SUBJECT TO
ALL EASEMENTS, RIGHTS-OF-WAY, RESERVATIONS AND RESTRICTIONS OF
RECORD, IF ANY.
SECTION 3. Repeal of Conflicting Provisions
All previous ordinances, resolutions, or motions of the Board of County Commissioners
of Indian River County, Florida, which conflict with the provisions of this ordinance are hereby
repealed to the extent of such conflict.
SECTION 4. Severability
It is declared to be the intent of the Board of County Commissioners that, if any provision
of this ordinance and therefore the Indian River County Comprehensive Plan Amendment is for
any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such
provision shall be deemed a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining provisions.
SECTION 5. Effective Date
This ordinance shall become effective upon filing with the Department of State.
This ordinance was advertised in the Press-Journal on the 21 st day of October, 2013, for
a public hearing to be held on the 5th day of November, 2013 at which time it was moved for
adoption by Commissioner , seconded by
Commissioner and adopted by the following vote:
w..
3
180
N... ORDINANCE NO. 2013-
Joseph E. Flescher, Chairman
Wesley S. Davis, Vice Chairman
Bob Solari, Commissioner
Tim Zorc, Commissioner
Peter O'Bryan, Commissioner
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
Joseph E. Flescher,Chairman
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
By:
Deputy Clerk
This ordinance was filed with the Department of State on the following date:
APP VED AS TO FO D AL SUFFICIENCY
County Attorney
{
APPRO D AS TO PLANNING MATTERS
i
Robert M. Keating, PLANNING
C mmunity elopment Director
rACommunity DevelopmentlRezonings\Grand Harbor North 2013 Rrezoning\Ordinance\GHN final LUDA Ordinance November5.2013.doc
'-Ww.
4
181
ORDINANCE NO. 2013-
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING
ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR ±319.28 ACRES
LOCATED SOUTH OF 63`d STREET AND EAST OF THE WESTERN SECTION LINE
OF SECTIONS 11 AND 14, TOWNSHIP 32 SOUTH, RANGE 39 EAST, AND NORTH OF
THE NORTH RELIEF CANAL FROM PD, PLANNED DEVELOPMENT DISTRICT, TO
RS-3, SINGLE FAMILY RESIDENTIAL DISTRICT (UP TO 3 UNITS/ACRE); AND
±94.36 ACRES LOCATED APPROX. 1300 FEET SOUTH OF 63RD STREET AND 4000
FEET EAST OF US HWY I FROM PD, PLANNED DEVELOPMENT DISTRICT, TO
CON-2, ESTUARINE WETLANDS CONSERVATION DISTRICT (UP TO 1 UNIT/40
ACRES); AND ±23.58 ACRES LOCATED EAST OF US HWY 1 AND SOUTH OF 63RD
STREET FROM PD, PLANNED DEVELOPMENT DISTRICT, TO RM-3, MULTIPLE
FAMILY RESIDENTIAL DISTRICT (UP TO 3 UNITS/ACRE; AND ±1.79 ACRES AT
THE SOUTHEAST QUADRANT OF US HWY 1 AND 63 D STREET FROM PD,
PLANNED DEVELOPMENT DISTRICT, TO CG, GENERAL COMMERCIAL DISTRICT_,
AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency
on such matters, held a public hearing and subsequently made a recommendation regarding this
rezoning request; and
WHEREAS, the Board of County Commissioners of Indian River County, Florida, did
publish and send its Notice of Intent to rezone the hereinafter described property; and
WHEREAS, the Board of County Commissioners held a public hearing pursuant to this
rezoning request, at which parties in interest and citizens were heard; and
WHEREAS, the Board of County Commissioners determined that this rezoning is in
conformance with the Comprehensive Plan of Indian River County.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida, that the zoning of the following described property situated in
Indian River County, Florida, to-wit:
13EING A PART OF SECTION 14, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN
RIVER COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNERMOF SAID ,SECTION 14;THENCE
Paae 1 of lU ATT';Gll�,AFVIT Z
182
ORDINANCE NO. 2013-
S00001'13"W ALONG SAID EAST LINE, A DISTANCE OF 1,299.77 FEET TO THE
SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 11, THE
SAME BEING THE NORTHWEST CORNER OF AN EASEMENT AS DESCRIBED IN
OFFICIAL RECORD BOOK 2136, PAGE 445; THENCE ALONG SAID EASEMENT THE
FOLLOWING; THENCE S10°28'56"W A DISTANCE OF 40.54 FEET; THENCE
S01008'10"W A DISTANCE OF 39.46 FEET TO A POINT OF CURVATURE OF A
CIRCULAR CURVE; "THENCE SOUTHEASTERLY ALONG SAID CURVE, HAVING A
RADIUS OF 287.32 FEET, THROUGH A CENTRAL ANGLE OF 49°14'10" FOR AN ARC
LENGTH OF 246.91 FEET TO A POINT OF REVERSE CURVATURE OF A CIRCULAR
CURVE; THENCE SOUTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF
214.00 FEET, THROUGH A CENTRAL ANGLE OF 23-15'41", FOR AN ARC LENGTH OF
86.88 FEET; THENCE S24°50'20"E A DISTANCE OF 63.89 FEET; THENCE S06°13'27"E A
DISTANCE OF 161.22 FEET; THENCE S28°35'36"E A DISTANCE OF 251.50 FEET TO A
POINT OF CURVATURE OF A CIRCULAR CURVE; THENCE SOUTHEASTERLY
ALONG SAID CURVE HAVING A RADIUS OF 946.00 FEET, THROUGH A CENTRAL
ANGLE OF 8021'19", FOR AN ARC LENGTH OF 137.95 FEET; THENCE S36056'55"E A
DISTANCE OF 433.61 FEET; THENCE S39°04'20"E A DISTANCE OF 103.98 FEET TO A
POINT OF CURVATURE OF A CIRCULAR CURVE; THENCE SOUTHEASTERLY
ALONG SAID CURVE, HAVING A RADIUS OF 214.00 FEET, THROUGH A CENTRAL
ANGLE OF 59046'12" FOR AN ARC LENGTH OF 223.24 FEET TO A POINT OF REVERSE
CURVATURE OF A CIRCULAR CURVE; THENCE SOUTHEASTERLY ALONG SAID
CURVE, HAVING A RADIUS OF 186.00 FEET, THROUGH A CENTRAL ANGLE OF
82045'44", FOR AN ARC LENGTH OF 268.67 FEET TO A POINT OF REVERSE
CURVATURE OF A CIRCULAR CURVE; THENCE SOUTHEASTERLY ALONG SAID
CURVE, HAVING A RADIUS OF 504.00 FEET, THROUGH A CENTRAL ANGLE OF
18"29'01", FOR AN ARC LENGTH OF 162.59 FEET; THENCE S43°34'50"E A DISTANCE
OF 89.68 FEET; THENCE LEAVING SAID EASEMENT LINE, N63°47'18"E, A DISTANCE
OF 148.61 FEET; THENCE N64°56'00"E, A DISTANCE OF 54.82 FEET; THENCE
N67017'12"E, A DISTANCE OF 64.33 FEET; THENCE N60°34'42"E, A DISTANCE OF 77.19
FEET; THENCE N58052'09"E, A DISTANCE OF 72.27 FEET; THENCE N62°29'59"E, A
DISTANCE OF 91.32 FEET; THENCE N60°35'17"E, A DISTANCE OF 192.09 FEET;
THENCE N60°41'47"E, A DISTANCE OF 148.98 FEET, THENCE N59111'58"E, A
DISTANCE OF 155.42 FEET; THENCE N60°34'57"E, A DISTANCE OF 195.45 FEET;
"THENCE N61045'59"E, A DISTANCE OF 245.74 FEET; THENCE N59014'52"E, A
DISTANCE OF 92.90 FEET; THENCE N85°13'15"E, A DISTANCE OF 51.01 FEET;
THENCE S06°46'41"W, A DISTANCE OF 20.48 FEET; THENCE S64°09'20"W, A
DISTANCE OF 17.78 FEET; THENCE S68°48'10"W, A DISTANCE OF 83.66 FEET;
THENCE S62020'58"W, A DISTANCE OF 131.80 FEET; THENCE S62°25'23"W, A
DISTANCE OF 183.61 FEET; THENCE S60°54'44"W, A DISTANCE OF 153.24 FEET;
THENCE S61055'23"W, A DISTANCE OF 62.15 FEET; THENCE S59°43'19"W, A
DISTANCE OF 205.44 FEET; THENCE S60°03'43"W, A DISTANCE OF 174.83 FEET;
THENCE S61°10'43"W, A DISTANCE OF 119.27 FEET; THENCE S60°38'34"W, A
DISTANCE OF 76.26 FEET; THENCE S63°21'15"W, A DISTANCE OF 94.11 FEET;
THENCE S66002'58"W, A DISTANCE OF 100.98 FEET; THENCE S63°36'23"W, A
DISTANCE OF 105.34 FEET; THENCE S42°23'34"E, A DISTANCE OF 16.86 FEET;
Pave 3 of 10
184
ORDINANCE NO. 2013-
BEING A PART OF SECTIONS l l AND 14, TOWNSHIP 32 SOUTH, RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA, BEING MORE FULLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE
S88052'0I"E ALONG THE NORTH LINE OF SAID SECTION 14, A DISTANCE OF 2,629.50
FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 11,
THE SAME BEING THE NORTHWEST CORNER OF AN EASEMENT AS DESCRIBED IN
OFFICIAL RECORD BOOK 2136, PAGE 445, AND THE POINT OF BEGINNING; THENCE
ALONG SAID EASEMENT THE FOLLOWING; THENCE S10°28'56"W A DISTANCE OF
40.54 FEET; THENCE S01008'10"W A DISTANCE OF 39.46 FEET TO A POINT OF
CURVATURE OF A CIRCULAR CURVE; THENCE SOUTHEASTERLY ALONG SAID
CURVE, HAVING A RADIUS OF 287.32 FEET, THROUGH A CENTRAL ANGLE OF
49014'10" FOR AN ARC LENGTH OF 246.91 FEET TO A POINT OF REVERSE
CURVATURE OF A CIRCULAR CURVE; THENCE SOUTHEASTERLY ALONG SAID
CURVE, HAVING A RADIUS OF 214.00 FEET, THROUGH A CENTRAL ANGLE OF
23°15'41", FOR AN ARC LENGTH OF 86.88 FEET; THENCE S24°50'20"E A DISTANCE OF
63.89 FEET; THENCE S06°13'27"E A DISTANCE OF 161.22 FEET; THENCE S28°35'36"E A
DISTANCE OF 251.50 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE;
THENCE SOUTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 946.00
FEET, THROUGH A CENTRAL ANGLE OF 8°21'19", FOR AN ARC LENGTH OF 137.95
FEET; THENCE S36°56'55"E A DISTANCE OF 433.61 FEET; THENCE S39°04'20"E A
DISTANCE OF 103.98 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE;
THENCE SOUTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 214.00
FEET, THROUGH A CENTRAL ANGLE OF 59°46'12" FOR AN ARC LENGTH OF 223.24
FEET TO A POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE; THENCE
SOUTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 186.00 FEET,
THROUGH A CENTRAL ANGLE OF 82045'44", FOR AN ARC LENGTH OF 268.67 FEET
TO A POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE; THENCE
SOUTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 504.00 FEET,
THROUGH A CENTRAL ANGLE OF 18°29'01", FOR AN ARC LENGTH OF 162.59 FEET;
THENCE S43034'50"E A DISTANCE OF 89.68 FEET; THENCE LEAVING SAID
EASEMENT LINE, N63047'18"E, A DISTANCE OF 148.61 FEET; THENCE N64156'00"E, A
DISTANCE OF 54.82 FEET; THENCE N67°17'12"E, A DISTANCE OF 64.33 FEET;
THENCE N60034'42"E, A DISTANCE OF 77.19 FEET; THENCE N58052'09"E, A
DISTANCE OF 72.27 FEET; THENCE N62°29'59"E, A DISTANCE OF 91.32 FEET;
THENCE N60035'17"E, A DISTANCE OF 192.09 FEET; THENCE N60°41'47"E, A
DISTANCE OF 148.98 FEET; THENCE N59°11'58"E, A DISTANCE OF 155.42 FEET;
THENCE N60034'57"E, A DISTANCE OF 195.45 FEET; THENCE N61°45'59"E, A
DISTANCE OF 245.74 FEET; THENCE N59°14'52"E, A DISTANCE OF 92.90 FEET;
THENCE N85013'15"E, A DISTANCE OF 51.01 FEET; THENCE S06046'41"W, A
DISTANCE OF 20.48 FEET; THENCE S64°09'20"W, A DISTANCE OF 17.78 FEET;
THENCE S68048'10"W, A DISTANCE OF 83.66 FEET; THENCE S62020'58"W, A
DISTANCE OF 131.80 FEET; THENCE S62°25'23"W, A DISTANCE OF 183.61 FEET;
THENCE S60054'44"W, A DISTANCE OF 153.24 FEET, THENCE S61°55'23"W, A
Page 5 of 10
186
,... ORDINANCE NO. 2013-
DISTANCE OF 62.15 FEET; THENCE S59143'1911W, A DISTANCE OF 205.44 FEET;
THENCE S60°03'43"W, A DISTANCE OF 174.83 FEET; THENCE S61°10'43"W, A
DISTANCE OF 119.27 FEET; THENCE S60°38'34"W, A DISTANCE OF 76.26 FEET;
"THENCE S63021'15"W, A DISTANCE OF 94.11 FEET; THENCE S66°02'58"W, A
DISTANCE OF 100.98 FEET; THENCE S63°36'23"W, A DISTANCE OF 105.34 FEET;
THENCE S42023'34"E, A DISTANCE OF 16.86 FEET; THENCE S45°49'35"E, A DISTANCE
OF 24.02 FEET; THENCE S67042'39"E, A DISTANCE OF 38.12 FEET; THENCE
S44032'47"E, A DISTANCE OF 29.20 FEET; THENCE S46°44'04"E, A DISTANCE OF 26.70
FEET; THENCE S36°42'30"E, A DISTANCE OF 24.71 FEET; THENCE S26012'44"E, A
DISTANCE OF 41.18 FEET; THENCE S22°36'56"E, A DISTANCE OF 23.01 FEET;
THENCE S20051'26"E, A DISTANCE OF 40.27 FEET; THENCE S23°07'53"E, A DISTANCE
OF 46.93 FEET; THENCE S24°21'06"E, A DISTANCE OF 51.43 FEET; THENCE
S37026'39"E, A DISTANCE OF 19.20 FEET; THENCE S44°12'16"E, A DISTANCE OF 20.37
FEET; THENCE S47°28'14"E, A DISTANCE OF 19.59 FEET; THENCE S45031'50"E, A
DISTANCE OF 20.72 FEET: THENCE S42008'1 l"E, A DISTANCE OF 18.57 FEET;
THENCE S38026'20"E, A DISTANCE OF 13.72 FEET; THENCE S33009'07"E, A DISTANCE
OF 38.64 FEET; THENCE S18°54'57"E, A DISTANCE OF 22.82 FEET; THENCE
S09056'22"E, A DISTANCE OF 43.35 FEET; THENCE S08°23'47"E, A DISTANCE OF 74.82
FEET; THENCE S07°16'04"E, A DISTANCE OF 40.22 FEET; THENCE SO4°21'51"E, A
DISTANCE OF 46.40 FEET; THENCE S00°34'50"W, A DISTANCE OF 77.74 FEET TO THE
NORTH RIGHT OF WAY LINE OF THE NORTH RELIEF CANAL AS SHOWN ON THE
PLAT OF INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT
BOOK 2 PAGE 25 PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW LYING
AND BEING IN INDIAN RIVER COUNTY, FLORIDA; THENCE THE FOLLOWING
CALLS ALONG SAID NORTH RIGHT OF WAY LINE; THENCE S89°25'10"E, A
DISTANCE OF 214.86 FEET; THENCE N00°34'50"E, A DISTANCE OF 375.00 FEET;
THENCE S89025'10"E, A DISTANCE OF 991.68 FEET; THENCE N00°06'05"E, A
DISTANCE OF 575.02 FEET TO THE MEAN HIGH WATER LINE OF THE INDIAN
RIVER; THENCE THE FOLLOWING CALLS ALONG SAID MEAN HIGH WATER LINE:
THENCE N29046'16"W, A DISTANCE OF 25.63 FEET; THENCE N22014'14"W, A
DISTANCE OF 52.06 FEET; THENCE N16°59'39"W, A DISTANCE OF 54.33 FEET;
THENCE N20°35'19"W, A DISTANCE OF 46.81 FEET; THENCE N14026'10"W. A
DISTANCE OF 48.96 FEET; THENCE N39009'39"W, A DISTANCE OF 45.41 FEET;
THENCE N18041'53"W, A DISTANCE OF 61.23 FEET; THENCE N22°40'16"W, A
DISTANCE OF 45.24 FEET; THENCE N33034'03"W, A DISTANCE OF 43.02 FEET;
THENCE N23°15'40"W, A DISTANCE OF 60.79 FEET; THENCE N 11 008'39"W, A
DISTANCE OF 44.56 FEET; THENCE N04013'40"W, A DISTANCE OF 58.31 FEET;
THENCE N61°18'26"W, A DISTANCE OF 40.24 FEET; THENCE N380471 1"W, A
DISTANCE OF 51.89 FEET; THENCE NO3°07'12"W, A DISTANCE OF 46.34 FEET;
THENCE N26021'04"W, A DISTANCE OF 46.26 FEET;' THENCE N07°0946"E, A
DISTANCE OF 56.01 FEET; THENCE N40°10'35"W, A DISTANCE OF 52.15 FEET;
THENCE N43051'24"W, A DISTANCE OF 46.83 FEET; THENCE N24021'39"W, A
DISTANCE OF 48.94 FEET; THENCE N32°27'36"W, A DISTANCE OF 44.87 FEET;
THENCE N23027'33"W, A DISTANCE OF 55.84 FEET; THENCE N18°04'16"W, A
DISTANCE OF 50.32 FEET, THENCE N l 6°42'24"W, A DISTANCE OF 50.74 FEET;
Page 6 of 10
187
ORDINANCE NO. 2013-
THENCE N07°52'20"W, A DISTANCE OF 41.47 FEET; THENCE N12°5737"W, A
DISTANCE OF 52.50 FEET; THENCE N45°01'55"W, A DISTANCE OF 38.11 FEET;
THENCE N34051'21"W, A DISTANCE OF 57.12 FEET; THENCE N18°53'55"W, A
DISTANCE OF 39.54 FEET; THENCE N30°29'27"W, A DISTANCE OF 50.94 FEET;
THENCE N33005'24"W, A DISTANCE OF 57.01 FEET; THENCE N46°43'16"W, A
DISTANCE OF 46.01 FEET; THENCE N31°04'34"W, A DISTANCE OF 50.22 FEET;
THENCE N11034'56"W, A DISTANCE OF 50.45 FEET; THENCE N26046'56"W, A
DISTANCE OF 52.56 FEET; THENCE N15°06'19"W, A DISTANCE OF 47.35 FEET;
THENCE N46059'45"W, A DISTANCE OF 50.46 FEET; THENCE N00055'46"E, A
DISTANCE OF 30.73 FEET; THENCE CONTINUE N00°55'46"E ALONG SAID LINE, A
DISTANCE OF 21.73 FEET; THENCE N40°05'53"W, A DISTANCE OF 24.30 FEET TO AN
INTERSECTION WITH THE NORTH LINE OF SAID SECTION 14; THENCE N88°51'50"W
ALONG SAID NORTH LINE, A DISTANCE OF 1,868.87 FEET TO THE POINT OF
BEGINNING.
CONTAINING 4,110,385 SQUARE FEET OR 94.36 ACRES, MORE OR LESS, is changed
from PD, Planned Development Zoning District, to CON-2, Estuarine Wetlands Conservation
District (up to 1 unit per 40 acres).
All with the meaning and intent as set forth and described in said Land Development
Regulations.
AND
That the zoning of the following described property situated in Indian River County, Florida, to
wit:
THE EAST 5 ACRES OF THE NORTH 10 ACRES OF THE SOUTHEAST QUARTER OF
THE SOUTHEAST QUARTER, LESS ROAD RIGHT-OF-WAY, SECTION 10, TOWNSHIP
32 SOUTH, RANGE 39 EAST, SAID LAND LYING AND BEING IN INDIAN RIVER
COUNTY, FLORIDA.
And
"THE WEST 5 ACRES OF THE NORTH 10 ACRES OF THE SE 1/4 OF SE 1/4;
THE SOUTH 15 ACRES OF THE NORTH 25 ACRES OF THE SE 1/4 OF SE 1/4;
ALL OF SW 1/4 OF SE 1/4 LYING EAST OF THE EAST RIGHT-OF-WAY OF NEW U.S. #1
AS SAID U.S. #1 IS DESCRIBED IN O.R. BOOK 105, PAGE 431, BEING ORDER OF
TAKING CASE IN CIRCUIT COURT CASE 5061;
ALL OF THE ABOVE IN SECTION 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST.
LESS RIGHT-OF-WAY OF U.S. #1."
Pap-e 7 of 10
188
ORDINANCE NO. 2013-
PART OF THE SOUTHEAST ONE-QUARTER OF SECTION 10, TOWNSHIP 32 SOUTH,
RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF "THE SOUTHEAST ONE-QUARTER
OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 10, RUN NORTH 89°13'52"
WEST ALONG THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER OF THE
SOUTHEAST ONE-QUARTER A DISTANCE OF 1319.48 FEET TO THE NORTHWEST
CORNER OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-
QUARTER; THENCE DEPARTING SAID NORTH LINE, RUN SOUTH 00°15'57" WEST
ALONG THE WEST LINE OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER, A DISTANCE OF 25.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE
OF 63RD STREET (50' WIDE RIGHT OF WAY) AND POINT OF BEGINNING;
FROM SAID POINT OF BEGINNING RUN SOUTH 89013'52" EAST ALONG SAID SOUTH
RIGHT-OF-WAY LINE A DISTANCE OF 191.85 FEET; THENCE LEAVING SAID SOUTH
RIGHT-OF-WAY LINE RUN SOUTH 00°04'21" EAST A DISTANCE OF 233.03 FEET;
THENCE RUN SOUTH 89059'55" WEST A DISTANCE OF 303.36 FEET TO THE EAST
RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1 (120' WIDE RIGHT OF WAY); THENCE
RUN NORTH 14053'05" WEST ALONG SAID EAST RIGHT-OF WAY LINE A DISTANCE
OF 103.60 FEET TO A POINT ON A CURVE BEING CONCAVE TO THE NORTHEAST,
SAID CURVE HAVING A RADIUS OF 17128.75 FEET, SUBTENDED BY A CHORD
BEARING AND DISTANCE OF NORTH 14041'43" WEST, 98.50 FEET, AN ARC LENGTH
OF 98.50 FEET AND A CENTRAL ANGLE OF 00019'46" TO A POINT OF A COMPOUND
CURVE BEING CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 25.00 FEET,
SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 37057'12" EAST
39.66 FEET, AN ARC LENGTH OF 45.80 FEET AND A CENTRAL ANGLE OF 104°58'05"
TO A POINT; THENCE RUN NORTH 00'26'15" EAST A DISTANCE OF 10.00 FEET TO
THE AFORESAID SOUTH RIGHT-OF-WAY LINE OF 63RD STREET (50' WIDE RIGHT
OF WAY); THENCE RUN SOUTH 89°3345" EAST ALONG SAID SOUTH RIGHT-OF-
WAY LINE, A DISTANCE OF 138.37 FEET TO THE AFOREMENTIONED WEST LINE OF
THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER AND POINT
OF BEGINNING.
SUBJECT TO ALL EASEMENTS, RIGHTS-OF-WAY, RESERVATIONS AND
RESTRICTIONS OF RECORD, IF ANY. SAID PARCEL LYING AND BEING 1N INDIAN
RIVER COUNTY, FLORIDA, CONTAINING 23.58 ACRES, MORE OR LESS, is changed
from PD, Planned Development Zoning District, to RM-3, Multi- Family Residential District (up
to 3 units per acre).
All with the meaning and intent as set forth and described in said Land Development
Regulations.
Pace 8 of 10
189
ORDINANCE NO. 2013-
AND
That the zoning of the following described property situated in Indian River County, Florida, to
wit:
PART OF THE SOUTHEAST ONE-QUARTER OF SECTION 10, "TOWNSHIP 32 SOUTH,
RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST ONE-QUARTER
OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 10, RUN NORTH 89°13'52"
WEST ALONG THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER OF THE
SOUTHEAST ONE-QUARTER A DISTANCE OF 1319.48 FEET TO THE NORTHWEST
CORNER OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-
QUARTER; THENCE DEPARTING SAID NORTH LINE, RUN SOUTH 00°15'57" WEST
ALONG THE WEST LINE OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER, A DISTANCE OF 25.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE
OF 63RD STREET(50' WIDE RIGHT OF WAY)AND POINT OF BEGINNING;
FROM SAID POINT OF BEGINNING RUN SOUTH 89013'52" EAST ALONG SAID SOUTH
RIGHT-OF-WAY LINE A DISTANCE OF 191.85 FEET; THENCE LEAVING SAID SOUTH
RIGHT-OF-WAY LINE RUN SOUTH 00°04'21" EAST A DISTANCE OF 233.03 FEET;
THENCE RUN SOUTH 89059'55" WEST A DISTANCE OF 303.36 FEET TO THE EAST
RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1 (120' WIDE RIGHT OF WAY); THENCE
RUN NORTH 14053'05" WEST ALONG SAID EAST RIGHT-OF WAY LINE A DISTANCE
OF 103.60 FEET TO A POINT ON A CURVE BEING CONCAVE TO THE NORTHEAST,
SAID CURVE HAVING A RADIUS OF 17128.75 FEET, SUBTENDED BY A CHORD
BEARING AND DISTANCE OF NORTH 14041'43" WEST, 98.50 FEET, AN ARC LENGTH
OF 98.50 FEET AND A CENTRAL ANGLE OF 000 19'46" TO A POINT OF A COMPOUND
CURVE BEING CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 25.00 FEET,
SUBTENDED BY A CHORD BEARING AND DISTANCE OF NORTH 37057'12" EAST
39.66 FEET, AN ARC LENGTH OF 45.80 FEET AND A CENTRAL ANGLE OF 104°58'05"
TO A POINT; THENCE RUN NORTH 00026'15" EAST A DISTANCE OF 10.00 FEET TO
THE AFORESAID SOUTH RIGHT-OF-WAY LINE OF 63RD STREET (50' WIDE RIGHT
OF WAY); THENCE RUN SOUTH 89°33'45" EAST ALONG SAID SOUTH RIGHT-OF-
WAY LINE, A DISTANCE OF 138.37 FEET TO THE AFOREMENTIONED WEST LINE OF
THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER AND POINT
OF BEGINNING.
SAID PARCEL CONTAINING 1.79 ACRES, MORE OR LESS, SUBJECT TO ALL
EASEMENTS, RIGHTS-OF-WAY, RESERVATIONS AND RESTRICTIONS OF RECORD,
IF ANY, is changed from PD, Planned Development Zoning District, to CG, General
Commercial District.
Page 9 of 10
190
ORDINANCE NO. 2013-
All with the meaning and intent as set forth and described in said Land Development
Regulations.
This ordinance shall become effective upon filing with the Department of State.
Approved and adopted by the Board of County Commissioners of Indian River County,
Florida, on this 5th day of November, 2013.
This ordinance was advertised in the Press-Journal on the 21st day of October, 2013, for
a public hearing to be held on the 5th day of November, 2013 at which time it was moved for
adoption by Commissioner , seconded by , and
adopted by the following vote:
Joseph E. Flescher, Chairman
Wesley S. Davis, Vice Chairman
Bob Solari, Commissioner
Tim Zorc, Commissioner
Peter O'Bryan, Commissioner
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY:
Joseph E. Flescher, Chairman
ATTEST BY:
Jeffrey Smith, Clerk Of Circuit Court and Comptroller
This ordinance was filed with the Department of State on the following
date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
County Attorney
APP VED AS TO PLANNING MATTERS
Robert M. Keating, AI P; om y Development Director
F\Community Development\Rezonings\Grand Harbor North 2013 Rrezoning\Ordinance\Ordinance GHN rezoning.doc
Wear.
Pau 10 of 10
191
Board of County Commissioners
November 5, 2013
Grand Harbor North and Others
Small Scale Land Use Amendment
And Rezoning
Requests
Location
• South of 63rd h "
Street and east
of USI v _
• 1.79 land use
swap
�y
• Approx. `
439.01 acres
rezoning
• PD to RS-3, _.
RM-3, CG, and
CON-2
Purpose
• Small scale land use designations swap
• Dissolve the current PD zoning
• Revert to zoning districts similar to zoning
districts in place prior to PD
• Secure the zoning necessary to develop the
site under the requested zoning districts
PZC Action
ON October 10, 2013, PZC voted 4-1
to recommend approval of the
request
19 ► - z
History
• 2000 BCC approved a rezoning and a conceptual
PD plan for River Bend PD
• Later, Grand Harbor acquired a major portion of
the PD
• In 2006, Grand Harbor proposed to incorporate
the PD to GH DRI and rezone the property
• Initiated NOPC (Notice of Proposed Change)
process
• In 2007, GH abandoned its rezoning request
Existing and Proposed Land
Use Maps
s« .. ,
It `
tz
L4 -------------
� q - 3
Existing and Proposed Zoning
Maps
G
3f i w%
PD s �
RMa R&I
RS.3 R5.3
NMA 1 ,F P4 14
€ V,
� CtC RS•t
GYi RS4
t
Criteria Analyzed
• Concurrency
• Consistency with the Comprehensive
Plan
• Environmental impact
• Compatibility with surrounding uses
Concurrency
Sufficient Capacity in all Concurrency Mandated Facilities
• Transportation
• Water
• Wastewater
• Solid Waste
• Stormwater Management
• Recreation
• Schools
A detailed concurrency review will be done at the time of
project development
Consistency with the
Comprehensive Plan
Future Land Use
Objective 1, and 2 ,
z
Policies 1.11, 1.16, �k
2.2, and 14.3 ' r
L-1, CA, C-2 Land
Use Designation ,� k
.d
r x '
Environmental Impacts
.............. ...............
• Groves are altered sites
w/no environmentally
important or sensitive
features
• Impact the same under
PD or requested zoning N
districts s �t "
E l°C
• Wetlands and Eagle
Nest—protected areas
• No Adverse Impacts ''"
Anticipated
Compatibility
• Restore original zoning
districts which were RD
compatible with RW3Rs-1
N
surrounding uses prior �.
to PD
• CON-2 zoning will
reduce density overall
and protect wetlands
f.o.,a CiP RS-1
• CG zoning will be on
property fronting �
US 1
A-1
� 9t - 1
Conclusion
Requested Rezoning and Land Use amendment are:
• Consistent with the comprehensive plan
• Meets the Concurrency Test
• No additional environmental impacts
• Compatible with surrounding uses
Staff recommends approval of the requests
Recommendation
Staff and PZC recommend that
BCC approve the small scale land
use amendment and rezoning as
requested by adopting the attached
ordinances
o l - I
W,W-1 SCRIPPS TREASURE COAST
NEWSPAPERS
Indian River Press Journal
1801 U.S. 1, Vero Beach, FL 32960
SCRIPPS AFFIDAVIT OF PUBLICATION
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before the undersigned authority personally appeared,Sherri Cipriani,who on oath says that she is Classified Inside Sales
Manager of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the
attached copy of advertisemert was publshed in the Indian River Press Journal in the following issues below. Affiant further
says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and
that said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in
Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;
and affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission
or refund for the purpose of securing this advertisement for publication in the said newspaper.The Indian River Press Journal
has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period
of one year next preceding the first publication of the attached copy of advertisement.
Ad Pub
Customer Number Date Copyline PO#
INDIAN RIVER CO PLANNING 2564823 10/21/2013 PUBLIC HEARING 11-5-13 BCC GH
NEWSPAPER heet®
LEGAL NOTICE
ATTACHED
DO NOT
SEPARATE PAGES
Sworn to,and subscribed/before me this day of, October 21, 2013, by
who is
Sherri Cipriani
[X] personally known to me or
[ ] who has produced as identification.
Michael Merone Notary Public
ORIGINAL
-- --- - - - - - - - - -
10000 1 - t
�4<0.I Y"�'?.,, MICHAEL MERIDNE 1 -9
Notary Public
State of Florida
*z °My Comm.Expires May 20,2014
°P•S'��;,; '`. Commission#DD 994177
LJ you,to the provision Attorneys for Plaintiff in the Circuit Court building, appurte- which INDIAN RIVER u needs any accommo- claims or demands Collins,Brown,
Judgment of Fore- dation in order to against decedent's Caldwell,Barkett,
of certain assistance. 132447 NOS ATTORNEY FOR of Indian River Coun- nances,and fixtures COUNTY HABITAT closure entered on
Please contact Corrie If you area participate in this estate must file their Garavaglia&Lawr
y person PLAINTIFF tY.Florida,the office located therein,at FOR HUMANITY, 09/20/2013 in the proceeding, o claims with this court Chartered
Johnson,ADA Coor- with a disabilitywho 6 Josh D.Donnell of Jeffrey K.Barton public sale,to the INC.is Plaintiff and, e 9.Y u are
Y Y P above styled cause, entitled, no cost to WITHIN 3 MONTHS Attorneys for
dinator, 250 NW needs any accommo- Florida Bar 864788 clerk of the circuit highest and best bid- PATRICIA JORDAN, in the Circuit Court you,to the provision AFTER THE DATE OF
Personal
Country Club Drive, dation in order to court will sell the der,for cash,Sales ET AL. are Defen- of Indian River Coun- of certain assistance. THE FIRST PUBLICA-Representative
Suite 217, Port St. participate in this Date:09/30/2013 property situate in are held online at dams,the Indian Riv- ty,Florida,the office please contact Corrie TION OF THIS
NO-756 Beachland
Lucie, FL 34986, proceeding,you are THIS INSTRUMENT Indian River County, www.indian-river- er County Clerk of of Jeffrey K-Barton Johnson,ADA Coor- TICE. Boulevard
(772) 807-4370 at entitled,at no cost to PREPARED BY: Florida,described as: .realforeclose.com, Court will sell to the clerk of the circuit dinator, 250 NW ALL CLAIMS
NOT Vero Beach,FL 329E
least 7 days before you,to the provision Law Offices of Daniel LOT 16, BLOCK D, on November 4, highest and best bid- court will sell the Country Club Drive, FILED WITHIN TIME
George G.Collins,
your scheduled court of certain assistance.C.Consuegra OSLO PARK UNIT 2013 at 10 A.M.EST. der, for cash, at property situate in Suite 217, Port St. PERIODS SET Esq.
appearance,or im- Please contact Corrie 9204 King Palm Drive NO.7,ACCORDING wwwAnd is n-river- Indian River County, Lucie, FL 34986, FORTH IN SECTION FL Bar No.110742
mediately upon re- Johnson,ADA Coor-Tampa,FL T 0 T H E P L A T Any person claiming .realforeclose.com at Florida,described as: (772) 807-4370 at 733.702 OF THE Pub:October
21,
calving this notifica- dinator, 250 NW 33619-1328 THEREOF,AS RE- an interest in the sur- 10:00 a.m, on No-LOT 2, BLOCK 280, least 7 days before FLORIDA PROBATE 2013
tion if the time be- Country Club Drive,Phone:813.915-8660 CORDED IN PLAT plus from the sale,if vember 4,2013,the SEBASTIAN HIGH- our scheduled court CODE WILL BE FOR-
TCN2564!
FOR-
fore the scheduled Suite 217, Port St.Attorneys for Plaintiff -BOOK 4, PAGE 28, any,other than the following described Y
Y 9 LANDS UNIT 10,
OF THE PUBLIC RE- appearance,or ire- EVER BARRED.
appearance is less Lucie, FL 34986, 133107 NOS property owner as of property set forth in ACCORDING TO THE mediately upon re-NOTWITHSTANDING
than 7 days; if you (772) 807-4370 at If you area person CORDS OF INDIAN the date of the lis the Final Judgment PLAT THEREOF,AS ceivin this notifica- THE TIME PERIOD
are hearing or voice least 7 days before with a disability who RIVER COUNTY, oendens must file a of.Foreclosure,to- RECORDED Ili PLAT tiif hSET FO ABOVE,
,
impaired,ca 11711. your scheduled court needs any accommo- FLORIDA. claim within 60 days on the time be--wit: BOOK 6PAGE 37, fore the scheduled ANY CLAIM FILED
Pub:October 14,21, appearance,or im- dation in order to at public sale,to the after the sale. Lot 8, Grace Oaks, OF THE PUBLIC RE- NOTICE OF SALE
2013 mediate) upon re- participate in this highest and best bid- according to the lot appearance is less TWO(2)YEARS OR
V P P P 9 P CORDS OF INDIAN
TCN2562610 ceiving this notifica- proceeding,you are der, for cash,Dated this than 7 days;if you MORE AFTER THE NOTICE OF SALE
thereof as recorded RIVER COUNTY, are hearing or voice DECEDENT'S DATE 97 FORD
tion if the time be- entitled,at no cost to www.indian-river- day of September, in Plat Book 15, FLORIDA. impaired,call 711, 0 F DEATH IS 1 FTDF072XVKB3643
IN THE CIRCUIT fore the scheduled you,to the provision -realforeclose.com at 2013. Page(s) 95, Public at public sale,to the Pub:October 21,28, BARRED. Sale on November
COURT OF THE appearance is less of certain assistance. 10:00 a.m.,on Due- Clerk of the Circuit Records of Indian highest and best bid- 2013 The date of first publi- 2013 @
10:00 AM
NINETEENTH than 7 days; if you Please contact Corrie bar 29,2013 Court River County,Flori- der, for cash,
JUDICIAL CIRCUIT are hearing or voice Johnson,ADA Coor- Jeffrey R.Smith da. www.indian-river- TCN2564876 cation of this notice 1756ColliCommerce Ave
OF THE STATE OF impaired,call 711. dinator,na to r, 250 N W Any person claiming By: Parcel IDR is October 21,2013. 1756 Commerce Ave
P realforeclose.com at
e FLORIDA,IN AND Pub:October 14,21, Country Club Drive, an interest in the sur- Deputy Clerk 323927000110000000 Vero Beach,FL 3296
.x Y ty 10:00 a-m.,on No- Personal Pub:Oct.21,2013
N25
FOR INDIAN RIVER 2013 Suite , F Port St. plus from the sale,if 08.0 vember 4,2013 NOTICE OF Representative: TCN25647
COUNTY TCN2562611 Lucie, 7 34986, any, other than the Edward B.Pritchard Property Address: ADMINISTRATION Mary Kathleen Collins
CIVIL DIVISION least 8days b 0 re property owner as of Kass S29-0900 x1309 Ver -44th Street,Any person claiming 1240 39th Avenue SALE DATE:NOVE
CASE N0. IN THE CIRCUIT least 7 days before the date of the lis Kass Shuler,P.A. Vero Beach, F L an;merest In the sur- IN THE CIRCUIT Vero Beach, BER 6,2013-9AM
pendens,must file a P.O.Box 800 32967 lus from the sale,if COURT FOR INDIAN AMERICAS B E:
claim within 60 days Tampa,FL 33601- An p Florida 32960
Y P y person claiming any, other than the RIVER COUNTY Anne Marie Douglas AUTOBODY SH(
after the sale. 0800 an interest in the sur- roe FLORIDA Clubhouse Drive
property rty owner as of INC.,1705 10TH A'
320400/1117968 NOS plus from the sale,if the date of the lis PROBATE DIVISION Vero Beach,Florida VERO BEACH, I
NOTICE OF MEETING NOTICE OF MEETING NOTICE OF MEETING ATTORNEY FOR Requests for Accom- any,other than the pendens,must file a File No. 32967 32960
PLAINTIFF modations by Per- property owner as of claim within 60 days 312013CP000821 Collins,Brown, 1FALP57U6TA144137
BEFORE THE BOARD OF COUNTY COMMISSIONERS By Josh D.Donnelly sons with Disabili- the date of the Lis after the sale. Caldwell,Barkett, 1996 FORD TAURUS
INDIAN RIVER COUNTY Florida Bar 864788 ties.If you are aper- Pendens must file a IN RE:ESTATE OF: Pub:October 21,201
son with a disability claim within 60 days ATTORNEY FOR KENNETH JUAN Garavaglia&Lawn
Q. NOTICE OF REZONING-PUBLIC HEARING Date:09/30/2013 who needs any ac after the sale. y PLAINTIFF PANGBURN III Chartered TCN25651
The Board of County Commissioners of Indian River Coun Flori- THIS INSTRUMENT commodation in or- By Josh D.Donnell Deceased. Attorneys for
?Y• Y Personal
PREPARED BY:
da,will consider adoption of a county ordinance rezoning land der to participate in DATED this_ day Florida Bar 864788 Representative
within the unincorporated portions of Indian River Coun located Law Offices of Daniel this proceeding,you of 2013. NOTICE
ty C.Consuegra are entitled, at no COLLINS,BROWN, TO CREDITORS Bo Beachland The#1
� east of US 1 and south of 63rd Street(site of former"River Bend Date:10/11/2013 Boulevard
OPD 9204 King Palm Drive cost to you,to the CALDWELL,THIS INSTRUMENT The administration of project"). a public hearing et which parties in interest and Girt- Vero
Beach,of 32963 Advertising
ze
Tampa,FL provision of certain BARKETT,PREPARED BY: the estate of KEN-
shall have an opportunity to be heard,will be held on Tues- George G.Collins,Jr.,
day
day November 5,2013,at 9:00 a.m.in the County Commission 33619-1328 assistance. Please GARAVAGLIA&Law Offices of Daniel NETH JUAN Esq Source For
Phone:813-915-8660 contact Court Admin- LAWN,CHARTERED C.Consue PANGSURN 111, de-FL Bar No.110742
Chambers of the County Administration Building,located at 1801 y gra ceased,whose date Recent Hom
27th Street,Vero Beach,Florida.The proposed ordinance to re- Attorneys for Plaintiff Count y Cl 250 Se Attorneys for Plaintiff 9204 King Palm Drive Pub:October 21,28,
zone the subject property is entitled: If you NOS Country Club Drive, 756 Beachland Tampa, 2 of death was July tin 2013 Buyers
If you are a person Suite 217, Port St. Boulevard,Vero 33619-1328 2013,is pending in TCN2564985 y
(Quasi-Judicial) with a disability who Lucie,FL,34986,772- Beach,Fla 32963 Phone:813-915-8660 the Circuit Court for
AN ORDINANCE OF INDIAN RIVER COUNTY,FLORIDA,AMENDING needs any accommo- 807-4370 at least 7 Phone 772-231-4343 Attorneys for Plaintiff INDIAN RIVER Coun- IN THE CIRCUIT
THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING dation in order to days before your Fax 772-234-5213 132350 NOS ty, Florida, Probate COURT FOR INDIAN Treasure Colas
MAP FOR 319.28 ACRES LOCATED SOUTH OF 63rd STREET AND Participate in this scheduled court ap- Primary:If you area Division,the address
proceeding, Y person RIVER COUNTY
EAST OF THE WESTERN SECTION LINE OF SECTIONS 11 AND 14, p 9•You are pearance,or immedi- dvitunacpleadings with a disability who of which is 2000 16th FLORIDA Classifieds
TOWNSHIP 32 SOUTH,RANGE 39 EAST,AND NORTH OF THE entitled,at no cost to ately upon receiving @verolaw.com needs any accommo- Avenue Vero Beach, PROBATE DIVISION
NORTH RELIEF CANAL FROM PD,PLANNED DEVELOPMENT DIS- dation in order to FL 32960.The names File No. tcpalm.com classifie
TRICT,TO RS-3,SINGLE FAMILY RESIDENTIAL DISTRICT(UP TO participate in this and addresses of the 312013CP000937
3 UNITS/ACRE);AND 94.36 ACRES LOCATED APPROX. 1300 proceeding,you are personal representa-
FEET SOUTH OF 63RD STREET AND 4000 FEET EAST OF US HWYentitled,at no cost to tive and the personal IN RE:ESTATE OF:
1 FROM PD,PLANNED DEVELOPMENT DISTRICT,TO CON-2,ES- NOTICE OF MEETING NOTICE OF MEETING NOTICE OF MEETING you,to the provision representative's at-LAURA MARGARET Need a eery
in someon,
TUARINE WETLANDS CONSERVATION DISTRICT(UP TO 1 of certain assistance, torney are set forth ALLEE to fill,certain job?
UNIT/40 ACRES);AND 23.58 ACRES LOCATED EAST OF US HWY NOTICE OF PUBLIC HEARING Please contact Corrie below. Deceased. Findm9theri is Pe .,
1 AND SOUTH OF 63RD STREET,FROM PD,PLANNED DEVELOP- Johnson,ADA Coor-All creditors of the to f.tans eil�l�s time
MENT DISTRICT,TO RM-3,MULTIPLE FAMILY RESIDENTIAL DIS- Notice of hearing to consider the granting of planned development dinator, 250 NW decedent and other NOTICE
Butitaoesn•ina9eto 6,
TRICT(UP TO 3 UNITS/ACRE);AND 1.79 ACRES AT THE SOUTH- special exception use approval for a 100 lot single-family residen- Country Club Drive, persons having TO CREDITORS
when you turn to the
claims or demands Emoloyment section of
EAST QUADRANT OF US HWY 1 AND 63RD STREET FROM PD, tial development to be known as The Reserve 2 Grand Harbor. Suite , F Port St. The administration A rre,surecoastclassdie
PLANNED DEVELOPMENT DISTRICT,TO CG,GENERAL COMMER- The property is located in Section 14,Township 32,and Range 39, Lucie, FL 34986, against decedent's the estate of LAURA
CIAL DISTRICT;AND PROVIDING CODIFICATION,SEVERABILITY, north of and adjacent to the 53rd Street and Indian River Boule- (772) 807-4370 at estate on whom a
AND EFFECTIVE DATE. vard intersection,and is zoned RM-6(Residential Multi-family up least 7 days before copy of this notice is
to 6 unitstacre). See the location map. your scheduled court required t o b e
The rezoning application may be inspected by the public at theappearance, or im- served must file their
Community Development Department located at the County Ad- A public hearing,at which parties in interest and citizens shall have mediately upon re- claims with this court
ministration Building located at 1801 27th Street,Vero Beach, an opportunity to be heard,will be held by the Board of County ceiving this notifica- ON OR BEFORE THE
Florida,between the hours of 8:30 a.m.and 5:00 p.m.on week- Commissioners of Indian River County,Florida, in the County tion if the time be- L A T E R 0 F 3
days. For more information,contact the Long Range Planning Commission Chambers of the County Administration Building,lo- fore the scheduled MONTHS AFTER
Gated at 1801 27th Street,Vero Beach,Florida on Tuesday,No- a THE TIME OF THE
Section rd(772)226-1241. y, appearance is less FIRST PUBLICATION
The Board of County Commissioners may adopt another zoning vember 5,2013 at 9:00 a.m. than 7 days;if you
are hearing or voice OF THIS NOTICE OR
rr
district,other than the district requested,provided that the rehen- g 30 DAYS AFTER THE
mended zoning district is consistent with the county's comprehen- Please direct planning-related questions to the current development tub:October 21, DATE OF SERVICE
sive plan. planning section at 226-1242. pub:October 21,28, OF A COPY OF THIS
Anyone who may wish to appeal any decision that may made 2013 NOTICE ON THEM.
at this meeting will need to ensure that a verbatim recordrd of the Anyone who may wish to appeal any decision which may be made TCN2564873 All other creditors of
proceedings is made,which includes the testimony and evidence at this meeting will need to ensure that a verbatim record the IN THE CIRCUIT the decedent and
upon which the appeal is based. proceedings is made,which includes testimony and evidence
nce
upon which the appeal is based. COURT OF THE other persons having
Anyone who needs a special accommodation for this meeting must NINETEENTH claims or demands
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS JUDICIAL CIRCUIT against decedent's
contact the county's Americans with Disabilities Act Coordinator MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH OF THE STATE OF estate must file their
at(772)the meeting.
(TDDk 772-770-5215),at least 48 hours in ad- DISABILITIES ACT FLORIDA,IN AND claims with this court
vance of the meeting. (ADA)COORDINATOR AT 226-1223 AT LEAST
48 HOURS IN ADVANCE OF THE MEETING. FOR INDIAN RIVER WITHIN 3 MONTHS
- COUNTY AFTER THE DATE OF
,.:.'!• .._. CIVIL DIVISION THE FIRST PUBLICA-
.,J ro
1 l • CASE NO. TION OF THIS NO-
�'-� - - 312012CA000767 TICE.
IIV,I.t (19•Y
ALL CLAIMS NOT
.r - BANK OF AMERICA, FILED WITHIN TIME
NATIONAL ASSO- P E R 1 0 D S S E T
"s-' CIATION, FORTH IN SECTION
Plaintiff, 733.702 OF THE
--� 1 c vs. FLORIDA PROBATE
CONSTANCE E.DOL- CODE WILL BE FOR-
- � " LAGHAN; MICHAEL EVER BARRED.
D. DOLLAGHAN;NOTWITHSTANDING
UNKNOWN SPOUSE THE TIME PERIOD
OF MICHAEL D.DOL- SET FORTH ABOVE, t• t ' t
LAGHA; MICHAEL ANY CLAIM FILED
E JOSHUA DOLLAG- TWO(2)YEARS OR
CAN, IF LIVING,
UN- DECAFTERRE
THE
EDENTSDATE
CLUDING
,- KNOWN SPOUSE OF O F D E A T H I S
S A I D D E F E N- BARRED.
DANT(S),IF REMAR-The date of first publi-
"" RIED, AND IF DE- cation of this notice Walm.com/
River Coun CEASED, THE RE- is October 21,2013. � pa��*y �
County INDIAN RIVER COUNTY S P E C T I V E U N- m r
Board of Commissioners BOARD OF COUNTY COMMISSIONERS KNOWN HEIRS,DE- Personal
By:-s-Joseph E.Flescher,Chairman BY-s-Joseph E.Flescher,Chairman VISEES,GRANTEES, Representative: classifieds
ASSIGNEES, CRED- Timothy T.Pangburn
Pub:October 21,2013 TCN2564823 Pub:October 21,2013 TCN2564822 ITORS, LIENORS, 658052nd Avenue
INDIAN RIVER COUNTY, FLORIDA PUBLIC HEARING
MEMORANDUM t
TO: Joseph A. Baird
County Administrator
D TMENT HEAD CONCURRENCE:
Robert M. Keating, ICP
Communitty�Development Dfetor
,
THROUGH: Stan Boling,AICP
Planning Director
FROM: John W. McCoy, AICP �A
Senior Planner, Current evelopment
DATE: October 14, 2013
SUBJECT: Carter Associates, Ines Request for Planned Development (PD) Special
Exception Use Approval for a Project to be Known as The Reserve at Grand
Harbor IPD-13-10-03 /2001020101-711631
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:
Carter Associates, Inc., on behalf of GH Vero Beach Development, LLC, is requesting planned
development(PD) special exception approval for a development to be known as "The Reserve at
Grand Harbor". Located immediately north of the intersection of Indian River Boulevard and 53rd
Street, the proposed development is located just west of the River Club Golf Course. In this case,
the applicant is requesting PD approval to obtain waivers(modifications)for certain front,rear and
side yard setbacks,and for lot coverage and open space per lot criteria. No reductions in lot sizes or
lot widths are proposed. The PD plan proposes 100 single family detached homes on individual lots.
The proposed development is located on a 78.63 acre site which was incorporated into the overall
Grand Harbor development of regional impact (DRI) in 2002. In September 2002, an 86 lot
development was approved on the site. Although the applicant initiated site development, that
project was subsequently abandoned.
While the proposed PD plan will increase the number of single family lots within The Reserve by
14,the approved number of residential units within the entire DRI will remain at 3,206 units. In this
case, the subject application will not increase the total number of units approved within Grand
Harbor, is consistent with the Grand Harbor DRI approval,and will use most of the improvements
FXommunity Development\CurDev\BCO2013 BCC\TheReserve(4(>GFl.doc ]
192
constructed under the previously approved project. In addition to the PD special exception use
request now presented to the Board,the applicant also filed a companion preliminary PD plan/plat
application which has been acted upon by the Planning & Zoning Commission subject to Board
approval of the PD special exception use request.
PD Project Process
The process involved in review and approval of the subject PD application is as follows:
Approval Needed Reviewing Body
1. Conceptual Plan/Special Exception PZC & BCC
2. Preliminary PD Plan/Plat PZC
3. Land Development Permit (LDP) or Waiver Staff
4. Final PD (plat) BCC
If approved by the Board of County Commissioners, the applicant will need to obtain an LDP or
LDP waiver from Public Works for the design of required PD improvements.
0 Planning and Zoning Commission Hearing
At its regular meeting of October 10, 2013, the Planning and Zoning Commission approved the
preliminary PD plan/plat subject to Board approval of the PD special exception use request, and
voted unanimously (5-0) to recommend that the Board of County Commissioners approve with
conditions the PD special exception use request.
ANALYSIS:
1. Size of PD Area: 78.63 acres
2. Zoning Classification: RM-6, Residential Multi-Family (up to 6 units/acre)
3. Land Use Designation: M-1, Medium Density 1 (up to 8 units/acre)
4. Phasing: The project is proposed to be constructed in one phase.
5. Density: Overall Site: Maximum Allowed: 6 units/acre (461 units)
Proposed: 1.27 units/acre (100
units/single-family lots)
6. Open Space: Required: 40% (30.74 acres)
Provided: 61% (48.02 acres)
Note: The open space provided and referenced above is project-wide and includes common
green areas, recreation tracts, pedestrian ways, credit for lake area as provided for in the
LDRs and a minimum of 25% open space on each lot.
P\Community Deve1opment\CurDev\BCC\2013 BCC\TheReserve(ci%'GH.doc 2
193
.... 7. Recreation Area and Pedestrian Improvements: The proposed project satisfies the PD
ordinance recreation area requirements as follows:
Required Recreation Area: 1.20 acres
Provided Recreation Area: 1.50 acres (includes recreation tract and pedestrian systems)
The PD plan proposes an internal pedestrian system consisting of a 4' wide sidewalk along
one side of the project's internal roadways. Those pedestrian improvements will also
provide access to the project's lakes, which will function as passive park green areas. As
proposed, the recreation/landscape tracts will all be served by the project's internal
pedestrian system, and the internal sidewalk system will connect to an external public
sidewalk to be constructed along 53rd Street. That external public sidewalk will be
constructed by the applicant along the project's 53rd Street right-of-way from the project
entry to the west project boundary. Improvements to the main recreation tract,which may be
used for passive or active recreational uses, will require a future site plan administrative
approval.
8. Surrounding Land Use and Zoning:
North: North Relief Canal, Grove/Residential PD being rezoned to RS-3)
South: 53rd Street, Vacant/RM-6
East: River Club Golf Course, Residential, Commercial Marina/RM-6, CG
West: Vacant, Retail / CG
,'"Now
9. Traffic Circulation: The site will be accessed from 53rd Street through a private,
north/south roadway that generally aligns with Indian River Boulevard. That north/south
road will extend to the north property line of The Reserve and is designed to accommodate a
future bridge connection over the North Relief Canal and provide access to residentially
zoned property to the north that is presently owned by the applicant. Thus, the plan
accommodates a future, private north/south road that could run from Indian River Blvd to
63rd Street. In addition,the applicant has agreed to grant access rights via The Reserve final
plat to residentially zoned properties to the north,thereby allowing future traffic from those
properties to travel on The Reserve's north/south road if and when a bridge over the North
Relief Canal is constructed. As proposed,two internal roads will loop to the east and west of
The Reserve's north/south road and provide access to the individual lots. Traffic
Engineering has reviewed and approved the internal circulation plan.
Recently, the applicant submitted a traffic study for the proposed development and
remaining development within the Grand Harbor DRI. Based on the results of that study,
Traffic Engineering and the applicant agreed that a traffic signal is needed at the intersection
of Indian River Boulevard and 53rd Street, at the project entrance. Currently, Traffic
Engineering and the applicant are negotiating a developer's agreement that will establish the
parameters of providing the referenced signal improvements. Prior to issuance of a land
development permit(LDP),the applicant must enter into a developer's agreement to provide
for the traffic signal and maintenance.
F:Tommunity Deve1opment\CurDevABCC\2013 BCC\TheReserveCa)G11.doc 3
194
Presently, the segment of 53rd Street east of Indian River Blvd is a private street owned by
qw Grand Harbor. That segment of 53rd Street provides access to the northern portion of the
overall Grand Harbor project. As proposed, the applicant will remove the segment of 53rd
Street east of Indian River Boulevard and replace it with an internal east/west roadway
through The Reserve at Grand Harbor site. That east-west roadway will connect The
Reserve to the portion of Grand Harbor that lies to the east. Because 53rd Street east of
Indian River Boulevard is a privately owned,unplatted roadway,that segment of road can be
eliminated or modified via the PD process. Prior to issuance of a land development permit,
the applicant will need to obtain Public Works approval of a detailed traffic circulation
design to modify 53rd Street east of Indian River Boulevard.
10. Stormwater Management: Public Works has approved the project's conceptual stormwater
management plan and will review the details of the final stormwater management plan with
the project's land development permit application. As proposed,the conceptual stormwater
management plan depicts two inter-connected lakes which will outfall to the existing Grand
Harbor master stormwater management system.
11. Utilities: The site is required to connect to County water and sewer services, and the
applicant proposes to connect. Those utility provisions have been approved by the County
Department of Utility Services and the Department of Health.
12. Dedications and Improvements:
• Right-of-Way for 53`d Street: Presently, there is 158' of total right-of-way for 53rd
�•.. Street west of Indian River Boulevard, with 100' north of the centerline along The
Reserve's 53rd Street frontage. That existing amount of right-of-way meets the county's
ultimate right-of-way standard for 53rd Street.
• Sidewalks: The proposed internal project sidewalks will be owned and maintained by a
private property owners association and will be located within private right-of-way and
common areas. In addition,an external 5' wide public sidewalk will be built or bonded-
out for future construction along the site's 53rd Street frontage from the project entrance
to the west project boundary,prior to issuance of a certificate of completion.
• Street Lights: Streetlights will be provided at all street entrances, intersections, and
curves and will be owned and maintained by a private property owners association.
• Storinwater and Recreation Tracts: Stormwater tracts and easements and recreation
tracts will be the maintenance responsibility of a private property owners association.
13. Environmental Issues:
• Wetlands: Environmental Planning staff has verified that there are no wetlands on the
project site. Therefore, no wetland requirements apply.
• Native Upland Setaside: Environmental planning staff has verified that no native
uplands exist on the project site; therefore, no upland setaside requirements apply.
F:ACommunity Deve1opment\CurDevASCC\2013 BCOTheReserve(i GH.doc 4
195
14. Waivers: The applicant is seeking waivers (modifications) to the standard RM-6 zoning
.. district setback criteria for specific lots within the PD. The applicant is not seeking to
modify the lot size or width.
The requested waivers are summarized and compared in the table below:
SETBACK ENCLOSURE
CRITERIA SETBACK BUILDING & POOL POOL DECK
FRONT 25' 25' 5'
RM-6 REAR 25' 10' 5'
SIDE 10' 10' 10'
SETBACK ENCLOSURE
CRITERIA SETBACK BUILDING POOL & POOL DECK
The Reserve FRONT 20' 25' 20'
Lots 1-25, and
35-87 REAR 15' 10' 5'
SIDE 5' 7' 5'
The Reserve FRONT 20' 25' 20'
Lots 26-34, and
88-100 REAR 10' 3' 1'
SIDE 5' 7' 5'
STANDARD RM-6 PROPOSED PD
Maximum Building Coverage Per Lot 30% 50%
Minimum O en S ace Per Lot 40% 25%
15. Buffers and Setbacks: Buffering is required and proposed as follows:
Perimeter Minimum Required The Reserve
PD Buffer Proposed Buffer
East(River Club golf course) None 50' Landscape Tract
West (Vacant Commercial) 25' Type "B" 25' Type "B" with 5' berm
North (North Relief Canal) None (25' setback) 25' Type "B"
South (53`d Street) 15' — 20' Type "C" 20' Type "C"
I`Xommunity Development\CurDevABCCv2013 BCC\TheReserve@i GH.doc 5
196
Buffers for The Reserve will meet or exceed standard LDR and PD buffer requirements.
Final,detailed landscape plans for required buffers,conuiion areas,and recreation/park tracts
must be submitted to and approved by planning staff prior to land development permit
issuance.
16. Concurrency: The applicant has obtained a conditional concurrency certificate which
satisfies concurrency requirements for conceptual and preliminary PD plan/plat approval.
17. Caribbean Fruit Fly Host Plant: The County Comprehensive Plan requires Caribbean
fruit fly host plants to be prohibited within PDs located in areas that may have active citrus
groves. This project is located in such an area;therefore,the prohibition regulation applies.
The applicant has indicated that he has no objection to creating a restriction that would
prohibit host plants on the subject property. Such restriction must be included in the
project's covenants and restrictions, which will be reviewed at the time of final plat
application.
18. Public Benefits: The public benefits of the proposed PD that go above and beyond a
conventional development are increased project-wide minimum open space, provision of
common recreational amenities, and accommodation for a future north/south private
roadway that will connect 53rd Street to 63rd Street.
All conditions recommended by staff have been accepted by the applicant.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant PD special exception use and
conceptual PD plan approval for The Reserve at Grand Harbor, with the following conditions:
1. Prior to issuance of a land development permit, the applicant shall:
a. Execute a county-approved developer's agreement to construct and maintain a traffic
signal at 53rd Street and Indian River Boulevard, and
b. Provide a detailed landscape plan, acceptable to planning staff, for the proposed
perimeter buffers, common open space areas, and recreation tracts.
c. Provide a detailed traffic circulation design, acceptable to Public Works, to modify
53rd Street east of Indian River Boulevard.
2. The final plat shall,in a manner acceptable to the County Attorney's Office,grant access
rights for property owners north of the North Relief Canal,including property in the 63rd
Street vicinity, to travel across The Reserve's private north/south road, and provide a
Caribbean Fruit Fly host plant restriction.
F:`.Community Development\CurDevABCC\2013 13CC\The1Zeserve@.GI-l.doc 6
197
3. Prior to issuance of a certificate of completion, the applicant shall construct a public
.. sidewalk along the project's 53rd Street frontage from the project entrance to the
project's west property line.
ATTACHMENTS:
1. Application
2. Location Map
3. Overall Area Map
4. Draft M inutes from the 10/10/13 PZC Meeting
5. Preliminary PD Plans
6. Aerial
APPROVED AGENDA ITEM: Indian River Co, Approved Date
Admin. ,0
FOR•
Legal r 'c -74'-)3
BY: Budget 10 21 I
Dept. 6
Risk Mgr.
F:\Community Deve1opment\Curllev\BCC\2013 BCC\TheReserve@GH.doc 7
198
NftW
INDIAN RIVER COUNTY � ?1313 >�
PLANNED DEVELOPMENT APPLICATION
Please indicate the type of application being submitted:
Conceptual PD Special Exception: �r'
Concurrent Conceptual PD Special Exception&Preliminary PD: X
Preliminary Planned Development:
' Final Planned Development:
Note: For a PD rezoning please use the appropriate rezoning application.
PROJECT NAME: The Reserve at Grand Harbor
Plan Number: PD- 3I n _0 3 Project#: 200102 0101 _ 7 1p
PROPERTY OWNER:(PLEASE PRINT) APPLICANT(PLEASE PRINT)
GH Vero Beach Development LLC Same as Owner
NAME NAME
4755 South Harbor Drive
ADDRESS ADDRESS
Vero Beach, Florida 32967
CITY,STATE,ZIP CITY,STATE,ZIP
772-794-7811
•- PHONE NUMBER PHONE NUMBER
cclearyCgrandharbor.com
EMAIL ADDRESS EMAIL ADDRESS
Chris Cleary
CONTACT PERSON CONTACT PERSON
PROJECT ENGINEER:(PLEASE PRINT) AGENT(PLEASE PRINT)
Carter Associates, Inc.
NAME NAME
1708 21st Street
ADDRESS ADDRESS
Vero Beach, Florida 32960
CITY,STATE,ZIP CITY,STATE,ZIP
772-562-4191
PHONE NUMBER PHONE NUMBER
johnb@carterassoc.com
EMAIL ADDRESS EMAIL ADDRESS
John H. Blum, P.E.
CONTACT PERSON CONTACT PERSON
G OF OWNER OR AGENT
F:\Commcniiy Developmenl\Uscrs\CurDc p ' .tion DA oc Revised January 2011 Pape I of 3
fAm 1 199
TAX PARCEL ID#(s)OF SUBJECT PROPERTY: 32-39-14-00000-5000-00004.3
PROPERTY CLASSIFICATION(S):
Land Use Designation Zoning District Acreage
M- � RM-6 78.63
TOTAL PROJECT ACREAGE: 78.63
EXISTING SITE USE(S): Single-Family Residential (partially constructed)
PROPOSED SITE USE(S)AND INTENSITY(e.g.#of units,square feet by use):
100 Single-Family Lots (1.27 lots per acre)
** PLEASE COMPLETE THE SUBMMAL CHECKLIST**
�.. The following items must be attached to the application:
NIA If the applicant is other than the owner(s),a sworn statement of authorization from the owner;
X Two deeds and a verified statement naming every individual having legal or equitable ownership in the
property; If owned by a corporation, provide the names and address of each stockholder owning more
than 10%of the value of outstanding corporation shares;
_ X Two copies of the owner's recorded warranty deed;
X A check,money order or cash made payable to"Indian River County":
Planned Development
Request-Conceptual PD Special Exception
less than 20 acres $ 2075.00
20-40 acres 2475.00
over 40 acres 2575.00 / +100.00✓
for each additional 25 acres over 40 acres
Preliminary PD Plan
less than 20 acres $ 1150.00
20-40 acres 1250.00
over 40 acres 1300.00 ✓ +50.00
for each additional 25 acres over 40 acres
Final PD Plans $ 1400.00 /
For concurrent application fees combine the appropriate fees and subtract$400.00."
FACommunity Development\Users%CurDev\Applications\PDAPP.doc Revised January 2011 Page 2 of 3
ATTACHMENT �
200
32391400000300000005.0
3230-1400000300000006.0 32391400000100000001.0
32391400000500000001.0
PD
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Public Hearings
Chairman Zimmerman read the following into the record:
A. The Reserve at Grand Harbor: GH Vero Beach Development
LLC's request for planned development (PD) special exception use and
preliminary PD plan/plat approval for a project to be known as The
Reserve at Grand Harbor. Located immediately north of the
intersection of Indian River Boulevard and 53rd Street, just west of the
River Club Golf Course. GH Vero Beach Development, LLC, Owner.
Carter Associates, Inc., Agent. Zoning: RM-6, Residential Multi-Family
(up to 6 units/acre). Land Use Designation: M-1 , Medium Density 1
(up to 8 units/acre). Proposed Density: 1 .27 units/acre. (PD-13-10-03 /
2001020101-71163) [Quasi-Judicial]
Chairman Zimmerman asked the Commissioners to reveal any ex-parte
communication with the applicant or any contact that would not allow them to
make an unbiased decision. All Commissioners replied they had not had any
ex-parte communication regarding this matter.
Mr. McCoy reviewed the information contained in his memorandum dated
September 30, 2013 and gave a PowerPoint presentation, copies of which are on
file in the Commission Office. He concluded with staff's recommendation that the
PZC recommend that the Board of County Commissioners (BCC) approve the
special exception use and grant preliminary PD approval, subject to the noted
conditions.
Chairman Zimmerman opened the public hearing at 7:20 p.m. and since
no one wished to speak, the public hearing was closed.
Mr. Brognano noted this would draw future communities through Grand
Harbor and he thought interconnectivity was something the PZC had been
opposed to in the past.
Mr. Stan Boling, IRC Planning Director, stated the subject parcel was part
of Grand Harbor and the design lent itself to this type of connection because it
would be a private road that did not directly access any individual lots.
Mr. Chris Cleary, 3124 Ashford Square, representing the applicant,
explained the connecting road was contemplated only if it went across the North
`tow
PZC/Unapproved 3 October 10, 2013
F:\BCC\AII Committees\P&Z\2013—AGENDAS& MINUTES\P&Z-10-10-13.doc
ATTACHMENT 4 203
W. Relief Canal; because Grand Harbor owned property adjacent to U.S. Highway
#1 and as the plan was developed the road may or may not cross the canal.
Setbacks were discussed.
ON MOTION BY Mr. Brognano, SECONDED BY Dr.
Day, the members voted unanimously (5-0) to
recommend that the Board of County
Commissioners grant special exception use and
conceptual PD plan approval for the Reserve at
Grand Harbor, subject to the outlined conditions;
and grant preliminary PD plan/plat approval.
Chairman Zimmerman read the following into the record:
B. Grand Harbor North and Others' Request to Rezone ±439.01 acres
from PD to RS-3, RM-3, CG, and CON-2; and Request for a Small
Scale Land from Use Map Amendment to Redesignate ±1 .79 acres
from L-1 to C/I ; and simultaneously Redesignate ±1.79 acres from
C/I to L-1 (2004040046/71171 & 71173) [Quasi-Judicial and
Legislative]
Chairman Zimmerman asked the Commissioners to reveal any ex-parte
communication with the applicant or any contact that would not allow them to
make an unbiased decision. He stated he had spoken to Mr. Boling and
representatives of the Indian River Land Trust regarding this issue; however said
communication did not affect his ability to look at this matter with an open mind.
Mr. Sasan Rohani, IRC Chief of Long-Range Planning, reviewed the
information contained in his memorandum dated October 2, 2013, and gave a
PowerPoint presentation, a copy of which is on file in the Commission Office. He
concluded with staff's recommendation that the PZC recommend that the BCC
approve the small scale land use amendment and rezoning of the subject
properties as requested.
Chairman Zimmerman estimated if this was approved 800 homes could be
built on the subject site, and asked how many there were under the current PD.
Mr. Boling responded the current PD was approved for 650 units.
PZC/Unapproved 4 October 10,2013
F:\BCC\AII Committees\P&Z\2013—AGENDAS& MINUTES\P&Z-10-10-13.doc
ATTACHMENT 4
204
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The Reserve at Grand Harbor
PD Special Exception
Board of County Commissioners
November 5, 2013
EIPIannedDevelopmen�(PD�) Pro�cess.�
Conceptual Plan/Special Ex. Preliminary PD Plan
PZC PZC Approval
Recommendation
BCC Approval
'Land Development Permit(LDP) or Waiver reviewed and
approved by staff
-Final PD Plat is approved by BCC
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That the Board grant PD special exception
approval with conditions recommended staff.
2V T.5
Staff Recommendation
That the Board grant PD special exception use and
conceptual PD plan approval for The Reserve at
Grand Harbor with the conditions recommended
by staff.
Recommended Conditions
-Developer's agreement for 53rd Street/I.R.
Blvd signal
-Detailed plans for landscape buffer and
recreation areas
-Detailed traffic design for 53rd Street
modifications east of I.R. Blvd
-Access rights to accommodate possible
future north/south road between 53rd Street
and 63rd Street
ZO� 6
MAW SCRIPPS TREASURE COAST
X11 Z" NEWSPAPERS to. R.Z -
oIndian River Press Journal
1801 U.S. 1, Vero Beach, FL 32960
SCRIPPS
AFFIDAVIT OF PUBLICATION
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before the undersigned authority personally appeared,Sherri Cipriani,who on oath says that she is Classified Inside Sales
Manager of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the
attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further
says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and
that said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in
Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;
and affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission
or refund for the purpose of securing this advertisement for publication in the said newspaper.The Indian River Press Journal
has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period
of one year next preceding the first publication of the attached copy of advertisement.
Ad Pub
Customer Number Date CopVline Po#
INDIAN RIVER CO PLANNING 2564822 10/21/2013 PUBLIC HEARING 11-5-13 BCC RESERVE
NEWSPAPER E-Sheet@
LEGAL NOTICE
ATTACHED
*********************
DO NOT
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SworR to and subscri d before me this day of, October 21, 2013, by
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[X] personally known to me or
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Michael Merone Notary Public ORIGINA
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INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Joseph A. Baird, County Administrator
DEP TMENT HEAD CONCURRENCE
Robert M. Keating, AICP;komm t Development Director
THROUGH: Sasan Rohani, AICP; Chief, Long Range Planning -5
FROM: Bill Schutt, AICP; Senior Economic Development Planner, Long-Range Planning�c� .
DATE: October 21, 2013
SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting
It is requested that the following information be given formal consideration by the Board of
County Commissioners at its regular meeting of November 5, 2013.
DESCRIPTION AND CONDITIONS:
Please be advised that the following public hearing item has been scheduled for Board
consideration;
November 19, 2013
1. County Initiated Request to Amend the 5 Year Capital Improvements Program and
Supporting Data and Analysis of the Capital Improvements Element of the
Comprehensive Plan. (Legislative)
RECOMMENDATION:
The above referenced public hearing item is provided for the Board's information. No action is
needed at this time.
APPROVED AGENDA ITEM: Indian River Co. Approved Date
Admin. ,'3/
FOR: Legal I C�_Z,5 t
Budget (
BY��,g �r Dept.
Risk Mgr.
F:Community Development'Users\LONG RANGE\PN1Tni76.doc
208
4 V Office of tit
a INDIAN RIVER COUNTY
ADMINISTRATOR
Joseph A. Baird, County Administrator
Michael C. Zito, Assistant County Administrator
MEMORANDUM
TO: Members of the Board of County Commissioners
FROM: Joseph A. Baird
County Administrator
DATE: October 30, 2013
SUBJECT: Impact Fee Workshop
Tindale-Oliver and Associates was hired as a consultant to perform a review and update of
wow Indian River County's impact fee schedule as required by the Indian River County Impact Fee
Ordinance. At the Board's request, a Commission Workshop was included in the Scope of
Services and agreement with the consultant. At this time, staff would like to schedule the
Impact Fee Workshop that was requested by the Board of County Commission.
Staff recommends the Board determine an acceptable date to hold the Impact Fee Workshop.
APPROVED AGENDA ITEM Indian River co [kApproveid Date
Administrator
BY: ! Legal
F
209
DEPARTMENTAL MATTERS
Indian River County
Inter-Office Memorandum
Office of Management and Budget
TO: Members of the Board
of County Commissioners
DATE: October 28, 2013
SUBJECT: Quarterly Budget Report
FROM: Jason E. Brown
Director, Office of Management Bud et
Attached is the staff report for the fourth quarter of fiscal year 2012/2013. Staff will make a
presentation at the Board meeting.
ATTACHMENT
Quarterly Budget Report
APPROVED AGENDA ITEM:
BY:
Indian River Count Approved Date
yi �
Jos h A. Baird Administrator /0� 3
County Administrator County Attorney
Budget
FOR: November 5, 2013 Department
Risk Management
210
Financial Indicators Snapshot-September 2013 Preliminary
Compared to Prior Year Compared to Budget
%Change %Change Year- %Variance %Variance Year
Report Current Month to-Date Current Month to-Date Comments
Revenues
Gas Tax(Fund 109) 7.7% -0.9% 7.2% 0.8% Thru Aug collections-slight decrease YTD
Thru Aug collections-trend is positive-YTD
Optional Sales Tax(Fund 315) 6.1% 4.9% 17.2% 18.6% figures have exceeded budget by
$2,060.000
Half Cent Sales Tax 10.8% 5.2% 4.8% 3.7% Thru Aug collections-trend is positive-YTD
figures have exceeded budget by S260,356
Traffic Impact Fees(Fund 102) 206.6% 23.8% 155.9% 68.4% Varies by month-however-YTD figures have
exceeded budget by$940,400
Impact Fees(Fund 103) 44.4% 34.3% Ilk' 93.5% 105.5% Varies by month however-YTD figures have
ezxceeded the budget by$547,000
Tourist Taxes have exceeded the budget by
Tourist Tax 14.8% 8.0% 17.1% ''! 7.3% $113,311.
Franchise Tax -49.0%4 -7.8% Waiting on last payment for FY 12/13 to be
reported on final September 2013 report
Water Franchise Tax i -60% -0.3% Waiting on last payment for FY 12/13 to be
reported on final September 2013 report
Comm Services Tax -48.9% 3.2% Waiting on last payment for FY 12/13 to be
reported on final September 2013 report
Waiting on last payment for FY 12/13 to be
Franchise Fees-TOTAL -44.8% 5.8% reported on final September 2013 report
Recreation Revenues
NCAC ''! 42.3% 0.3% -28.6% 0.0% YTD actual revenues down$668 compared
to last year
GAC ''! 23.1% -2.4% 20.4% -3.2% YTD actual revenues down$1,072
_ _ _ _ c_o_mpared to last year
Recreation 44.7% -9.3% -20.2% 5.1%
YTD actual revenues down$7,655
compared to last year
Profit&Loss
Building Dept S n/a = n/a Building YTD net income Increase of
$279,793 from last year @ Sept 30
Total Rounds are down by(4,953)or(S.1)%
Golf Course i n/a i n/a YTD.Net income is$588k vs$716k YTD
Fleet n/a n/a Fleet YTD net income of($45,393)vs
($20,101)from last year @ Sept 30
$WDD A'& n/a n/a SWDD YTD net income of$150,235 vs
(5807,416)from last year at Sept 30
Shooting Range YTD net income of
Shooting Range n/a n/a ($35,143)vs$4,736 from last year @ Sept
30
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Quarterly Budget Report- Budget to Actual Expense Comparison
FY 2012-2013 4th Qtr-preliminary
001-General Fund
REVISED Percentage of
Department Description BUDGET YTD Expenses Annual Budget Difference from 100% Comments/Notes
101 BCC Operations $793,695 $743,003 93.6% ($50,692) Travel,registration and contingency not
fully expended
102 County Attorney $682,728 $659,077 96.5% ($23,651)
103 Geographic Info Systems Dept $35,266 $35,266 100.0% $0
106 General Health $808,275 $785,462 97.2% ($22,813)
107 Communications/Emergency Svcs $515,917 $272,381 52.8% ($243,536) Maintenance/software expenses not ashigh as anticipated
- -- - — . .
109 Main Library $1,895,093 $1,891,980 99.8% ($3,113)
Community Transportation Coordinator
110 Agencies $6,255,900 $5,654,554 90.4% ($601,346) capital budgeted but not yet expended.
Funds will be"rolled over"
111 Medicaid $1,243,436 $950,764 76.5% ($292,672) Lag time in reimbursement submittals.
112 North County Library $909,676 $880,264 96.8% ($29,412)
113 Brackett Family Library $237,656 $218,577 92.0% ($19,079)
114 Value Adjustment Board $86,060 $34,592 40.2% Legal Services and Other Professional
($51,468) Services less than anticipated
118 Ind Riv Soil/Water Conservation $48,371 $16,810 34.8% ($31,561) Vacant Position filled in May
119 Law Library $123,752 $105,527 85.3% ($18,225) Salaries and Benefits less than
anticipated
128 Children's Services $696,226 $689,103 99.0%
($7,123) Reimbursements based on submittals
from agencies
137 Redevelopment Districts $120,886 $120,886 100.0% $0
199 Reserves $7,773,947 $3,504,649 45.1% ($4,269,298) Contingencies budgeted,but not
expended.
201 County Administrator $420,986 $410,189 97.4% ($10,797)
202 General Services $112,989 $111,493 98.7% ($1,496)
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Quarterly Budget Report - Budget to Actual Expense Comparison
FY 2012-2013 4th Qtr-preliminary
REVISED Percentage of
Department Description BUDGET YTD Expenses Annual Budget Difference from 100% Comments/Notes
203 Human Resources $289,504 $288,921 99.8% ($583)
204 Planning And Development $14,500 $2,836 19.6% ($11,664) Pace Project not yet completed
206 Veterans Services $231,759 $229,866 99.2% ($1,893)
208 Emergency Management $625,416 $562,183 89.9% ($63,233)
Grants budgeted but not yet fully
expended.
210 Parks $1,929,882 $1,787,106 92.690 ($142,776) Projects budgeted but not completed-tobe"rolled over"to new year
211 Human Services $277,190 $260,393 93.9% ($16,797)
212 Agriculture Extension $104,846 $82,430 78.6% ($22,416) Employee on sabbatical for part of year
213 Youth Guidance $8,929 $8,926 100.0% ($3)
216 Purchasing $186,720 $170,750 91.4% ($15,970)
220 Facilities Management $3,279,468 $3,024,413 92.29'0 ($255,055) Other cotractual services not as high as
anticpated
229 Management&Budget $310,379 $307,867 99.2% ($2,512)
237 FPL Grant $110,632 $73,848 66.8% ($36,784) Grants budgeted but not yet fully
expended.
238 Emergency Mgmt Base Grant $107,125 $100,891 94.2% ($6,234)
241 Computer Services $728,953 $695,474 95.4% ($33,479)
246 Risk Management $283,218 $283,218 100.0% $0
250 County Animal Control $532,635 $507,914 95.4% ($24,721)
251 Mailroom/Switchboard $317,306 $292,182 92.1% ($25,124)
252 Environmental Control $17,073 $17,073 100.0% $0
300 Clerk Of Circuit Court $927,889 $929,271 100.1% $1,382 Workers comp to be reimbursed
Commission charged on Ad Valorem
400 Tax Collector $1,265,104 $2,919,988 230.8% $1,654,884 collections,most collected by December.
TC returns excess fees at yearend.
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Quarterly Budget Report- Budget to Actual Expense Comparison
FY 2012-2013 4th Qtr-preliminary
REVISED Percentage of
Department Description BUDGET YTD Expenses Annual Budget Difference from 100% Comments/Notes
Actual workers comp and postage lower
500 Property Appraiser $2,220,770 $2,216,103 99.8% ($4than anticipated
600 Sheriff $37,980,909 $37,873,776 99.7 ° ($107,133) Actual workers comp and utilities lower
than anticipated
700 Supervisor Of Elections $1,042,990 $1,032,749 99.0% ($10,241
Actual workers comp lower than
anticipated_
901 Circuit Court $17,134 $17,134 100.0%
$0
903 State Attorney $84,094 $72,088 85.7%
($12,006) Expenditures based on reimbursement.
904 Public Defender $4,654 $3,989 85.7%
($665) Expenditures based on reimbursement.
907 Medical Examiner - — --- -
$283,817 $283,817 100.0% $0 —
Grand Total $75,943,755 $71,129,783 93.7% 1 ($4,813,972)
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Quarterly Budget Report- Budget to Actual Expense Comparison
FY 2012-2013 4th Qtr-preliminary
004-M.S.T.U.Fund
REVISED Percentage of
Department Description BUDGET YTD Expenses Annual Budget Difference from 100% Comments/Notes
104 North County Aquatic Center $749,210 $667,876 89.1% ($81,334) Part time and budgeted temp
expenditures lower than anticipated.
10S Gifford Aquatic Center $265,980 $225,100 84.6% ($40,880) Budgeted temp expenditures lower than
anticipated.
108 Recreation $892,830 $787,729 88.2% ($105,101) Salary expenses lower than anticipated.
116 Ocean Rescue $744,033 $731,459 98.3% ($12,574)
161 Shooting Range Operations $455,367 $429,886 94.4% ($25,481)
199 Reserves $19,552,723 $18,994,652 97.1% ($558,071)
204 Planning And Development $248,638 $242,927 97.7% ($5,711)
205 County Planning $875,029 $848,266 96.9% ($26,763)
207 Environmental Plan/Code Enforc $308,014 $306,836 99_.6% ($1,178)
210 Parks $261,028 $239,657 91.8% ($21,371)
214 Roads And Bridges $80,497 $56,128 69.7% ($24,369) Costs to demolish structures budgeted
but not yet completed.
234 Telecommunications $140,236
$135,696 96.8% ($4,540)
Commission charged on Ad Valorem
400 Tax Collector $80,000 $144,912 181.1% $64,912 collections,most collected by December.
TC returns excess fees at yearend.
600 Sheriff $48,072 $48,072 100.0% $0 Transfer to Sheriff for vehicle purchase
Grand Total 1 $24,701,6571 $23,859,196 96.6% ($842,461)
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Quarterly Budget Report- Budget to Actual Expense Comparison
FY 2012-2013 4th Qtr-preliminary
111-Transportation Fund
REVISED Percentage of
Department Description BUDGET YTD Expenses Annual Budget Difference from 100% Comments/Notes
199 Reserves $1,392,087 $343,134 24.6% ($1,048,953) Contingencies and cash forward
214 Roads And Bridges - --
budgeted,but not expended.
g $7,159,709 $6,896,773 96.3°'0 ($262,936)
243 Public Works - --- —
$273,039 $267,619 98.0% ($5,420)
244 County Engineering $1,733,525 $1,700,814 98.1% ($32,711)-
245 Traffic Engineering $2,424,415 $1,967,194 81.1% ($457,221) Vacant position and capital items
budgeted but not purchases
281 Stormwater $611,784 $471,090 77.0% ($140,694) Maintenance and equipment for
stormwater not as high as anticipated
Grand Total $13,594,5591 $11,646,624 85.7% 1 ($1,947,935)
114 Emergency Services District
REVISED Percentage of
Department Description BUDGET YTD Expenses Annual Budget Difference from 100% Comments/Notes
Salaries $14,771,373 $14,572,665 98.7% ($198,708)
Benefits $6,096,020 $5,990,532 98.3% ($105,488)
Operating $4,217,203 $3,949,859 93.7% ($267,344)
Capital Outlay $779,757 $437,048 56.0% ($342,709) Some capital items not yet purchased.
Grants and Aids $13,822 $13,821 100.0% ($1)
Other Uses $909,118 $563,727 62.0% ($345,391) Contingencies budgeted,but not
expended.
Grand Total $26,787,293 $25,527,652 95.3% 1 ($1,259,641)
Grand Total-All Taxing Funds $141,027,2641 $132,163,255 93.7% ($8,864,009)
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Quarterly Budget Report- Budget to Actual Revenue Comparison
FY 2012-2013 4rd Qtr-preliminary
001-General Fund
Percentage of Difference from
Department Description BUDGET YTD Revenues Annual Budget 100% Comments/Notes
001031 Taxes $39,367,874 $37,931,013 96.4% ($1,436,861) The county budgets ad valorem taxes
- @ 95%collection
001032 Permits And Fees $191,000 $204,297 107.09'0 $13,297
001033 Intergovernmental $9,798,046 $8,617,308 87.9% ($1,180,738) Section 5307 grant revenues
budgeted but not yet received.
001034 Charges For Services --
$732,441 $784,059 107.0% $51,618
001035 Judgments,Fines&Forfeits $228,200 $222,565 97.5% - ($5,635) Animal Control fines on target
001036 Licenses $130,000 $131,584 101.2% $1,584 Animal licenses on target
—4 ma
001037 Interest $193,000 $116,414 60.3% ($76,586) Interest earnings continue to decline
001038 Miscellaneous $4,491,969 $4,218,461 93.9% ($273,508)
- ---
001039 Other Sources $20,811,225 $14,713,291 70.7% ($6,097,934) Cash forward reserves budgeted,but
not actual
Grand Total $75,943,755 $66,938,992 88.1% 1 ($9,004,763)
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004 MUNICIPAL SERVICE FUND
Percentage of Difference from
Department Description BUDGET YTD Revenues Annual Budget 100% Comments/Notes
MSTU taxes include communications
004031 Taxes $8,948,512 $8,737,772 97.6% ($210,740) tax and business tax.The county
budgets tax revenues at 95%.
Lag time in receiving franchise fee
004032 Permits And Fees $8,651,000 $8,390,545 97.0% ($260,455) payments-11 months received in 4
quarters.Estimated Sept payment
--- $643,224
Lag time in receiving 1/2 Cent Sales
004033 Intergovernmental (57 560) tax-11 months received in 4
g $4,872,739 $4,865,179 99.890 quarters.Estimated Sept payment
- - _ $394,158
004034 Charges For Services $806,900 $820,759 101.7% $13,859
004035 Judgments,Fines&Forfeits $80,000 $122,755 153.4% $42,755 Code enforcement fines up
004037 Interest $77,500 $53,894 69.5% ($23,606) Interest earnings continue to decline
004038 Miscellaneous $39,341 $104,539 265.7% $65,198 Recreation sponsorships received not
— - - - - budgeted
004039 Other Sources
$1,225,665 $0 0.09'0 ($1,225,665) Cash forward reserves budgeted,but
not actual
Grand Total $24,701,657 $23,095,443 93.5% ($1,606,214)
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00
Ill TRANSPORTATION FUND
Percentage of Difference from
Department Description BUDGET YTD Revenues Annual Budget 100% Comments/Notes
111032 Permits And Fees $125,000 $63,633 50.99
($61,367) Paving assessments entry completed
at yearend
Lag time in receiving gas tax revenues
111033 Intergovernmental $2,590,000 $2,510,513 96.9% ($79,487) -11 months received in 4 quarters.
Estimated Sept payment$174,450
111034 Charges For Services $101,500 $117,224 115.5% $15,724
Paving assessments interest charged,
$123512
111037 Interest $52,500 $176,012 335.39'o here until yearend entry
Lag time receiving reimbursements
111038 Miscellaneous $864,575 $400,672 4639'0 ($463,903) from cities for traffic maintenance,
etc.Reimbursements received at
yearend.
111039 Other Sources $9,860,984 $7,459,882 75.7% ($2,401,102) Cash forward reserves budgeted,but
not actual
Grand Total $13,594,559 $10,727,936 78.9% ($2,866,623)
114 EMERGENCY SERVICES DISTRICT
Percentage of Difference from
Department Description BUDGET YTD Revenues Annual Budget 50% Comments/Notes
114031 Taxes $17,798,664 $17,143,422 96.3% ($655,242) The county budgets ad valorem taxes
- __- @ 95%collection_
114033 Intergovernmental $79,936 $79,540 99.5% ($396)
114034 Charges For Services $4,893,500 $5,488,035 112.1% $594,535 Increase in ALS revenues
114035 Judgments,Fines&Forfeits $1,000 $11,600 1160.0% $10,600 False fire alarms up
114037 Interest $92,500 $41,562 44.9% ($50,938) Interest earnings continue to decline
114038 Miscellaneous $21,752 $16,296 74.9% ($5,456)
114039 Other Sources $3,899,941 $0 0.09'0
($3,899,941) Cash forward reserves budgeted,but
not actual
Grand Total $26,787,293 $22,780,455 85.0% ($4,006,838)
Grand Total-All Taxing funds $141,027,264 $123,542,826 87.6% ($17,484,438)
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New Traffic Impact Fee Revenues-Fund 102
Indian River County
Acct.Number/Description 10/1/2012- Ott-11 Oct-10 Oct-09 Oct-08 Ott-07 Oct-06 Oct-05 Oct-04 Oct-03 Oct-02
District 1 9/30/2013 Sep-12 Sep-11 Sep-10 Sep-09 Sep-08 Sep-07 Sep-06 Sep-05 Sep-04 Sep-03
District 1-Indian River County 81,322 22,667 -26,314 17,031 57,889 377,042 277,441 2,151,144 3,998,283 1,465,198 496,716
District 1-Sebastian 696,642 264,202 190,848 121,075 56,696 971,844 457,582 2,363,424 2,317,325 2,073,450 885,026
District 1-Fellsmere 24,072 37,714 13,405 37,285 29,366 57,990 343,890 117,460 66,044 246,258 111,690
District 1-Orchid 0 0 0 5,838 5,838 5,838 32,968 27,325 22,845 19,799
Subtotal-District l-Residential 802,036 314,583 177,939 175,391 149,789 1,412,714 1,084,751 4,664,996 6,408,977 3,807,751 1,513,231
District 1-Indian River County 0 0 -10,090 36,628 330,924
District 1-Sebastian 0 38,610 72,354 12,953 106,211
District 1-Fellsmere 0 29,415 30,314 132,160 0
District 1-Orchid 0 0 0 0 0
Subtotal District I-Commercial 0 68,025 92,578 181,740 437,135
Total-District 1 802,036 392,608 270,517 357,131 586,924 1,412,714 1,084,751 4,664,996 6,408 977 3,807,751 1,513,231
District 2
District 2-Indian River County 606,080 313,455 285,154 199,063 156,524 1,877,415 1,305,834 5,135,079 14,900,188 3,494,258 1,659,308
District 2-Vero Beach 23,442 23,321 16,621 15,272 10,768 -216,462 696,632 822,644 123,903 1,115,659 104,030
District 2-Indian River Shores S0,310 20,124 45,279 10,062 11,676 52,542 29,826 179,606 216,702 99,109 94,047
Subtotal-District 2-Residential 679,832 356,900 347,054 224,397 178,968 1,713,495 2,032,292 6,137,329 15,240,793 4,709,026 1,857,385
District 2-Indian River County 184,038 495,417 371,921 305,535 353,763
District 2-Vero Beach -36,476 10,978 88,447 50,867 203,846
District 2-Indian River Shores 0 0 0 0 0
Subtotal District 1-Commercial 147,562 506,395 460,367 356,402 557,609
Total-District 2 827,394 863,295 807,421 580,799 736,577 1,713,495 2 032,292 6,137,329 15,240,793 4,709,026 1,857 385
District 3
District 3-Indian River County 460,604 335,447 240,279 118,584 126,076 503,469 771,610 5,087,684 11,183,434 1,875,465 1,289,017
District 3-Vero Beach 18,174 2,605 0 548 0 0 0 4,808 11,414 17,724 9,138
Subtotal-District 3-Residential 478,778 338,052 240,279 119,132 126,076 503,469 771,610 5,091,492 11,194,848 1,893,188 1,298,155
District 3-Indian River County 14,181 9,385 26,609 44,639 177,338
District 3-Vero Beach 0 0 3,587 92 0
Subtotal District 3-Commercial 14,181 9,385 30,1596 44,730 177,338
Total District 3 492,959 347,437 270,475 163,861 303,414 503,469 771,610 5,092,492 11,194,848 1,893,188 1198,155
Grand Total Residential 1,960,646 1,019,535 765,272 518,920 454,833
Grand Total Commercial 161,743 583,805 583,142 582,873 1,172,082
Grand Total Impact Fees 2,122,389 1,603,340 1,348,414 1,101,792 1,626,915 3,629,678 3,888,653 15,894,817 32,844,617 10,409,966 4,668,771
N Prepared by R.Bommarito 7/30/13
G F:\Budget\Jason\impact fees\Impact Fee Study 2013\Traffic Impact Fee History Fund 102
1 1
Indian River County
New Traffic Impact Fees Expenditure History
Fund 102
2002/03 2003/04 2004/05 2005/06 2006/07 1 FY 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13
District 1 $42,201 $19,416 $22,233 $2,022,591 $10,702,278 $9,561,116 $2,632,821 $158,163 $101,625 $12,256 $181,532
District II $495,974 $729,956 -$570,323 $4,248,034 $6,236,767 $7,432,735 $8,199,592 $2,832,344 $5,573,336 $3,644,649 $4,174,044
District III $773,213 $1,120,894 -$836,325 $2,553,747 $3,103,768 $5,961,013 $2,530,128 $3,406,329 $2,784,387 $4,265,051 $2,373,853
Total $1,311,388 $1,870,266 -$1,384,415 $8,824,372 $20,042,813 $22,954,864 $13,362,541 $6,396,836 $8,459,348 $7,921,956 $6,729,429
Indian River County
Old Traffic Impact Fees Expenditure History
Fund 101
2002/03 2003/04 2004/05 2005/06 2006/07 FY 2007/08 2008/09 2009/10 2010/11
District 1 $38 $49,065 $145,162 $178,158 $1,788,066 $97,485 $0 $0 $0
District II $16 $0 $0 $0 $0 $0 $0 $229 $25,938
District III $22,794 $73,282 $297,876 $132,225 $0 $0 $0 $0 $0
District IV $19,410 $266,763 $53,969 $13,904 $0 $446,967 $0 $0 $0
District V 1 $58,324 $202,788 $1,202,885 $166,080 $0 $0 $0 $0 $0
District VI $1,940 $746,308 $1,779,734 $0 $0 $0 $0 $0 $0
District VII $353 $7,500 $700 $203,878 $0 $0 $0 $0 $0
District VIII $0 $0 $0 $0 $0 $0 $0 $0 $0
District IX $0 $0 $0 $0 $0 $0 $0 $0 $0
Total $102,8751 $1,345,7061 $3,480,3261 $694,2451 $1,788,0661 $544,452 $0 $2291 $25,938
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FY 2012/2013 BUDGET RECONCILIATION
October 1, 2012 to September 30, 2013 Budget
Approved Budget as of October 1, 2012: $ 252,135,490
Fund Item Description Budget Amendment
Grants Received
001 FDOT Grants 1,642,537 8+10+17
001 Emergency Management Performance Grant 74,416 2
001 CERT Grant 16,616 8
001 Hazardous Materials Grant 2,862 2
001 FPL Disaster Preparedness Grant 24,950 6
001 Homeland Security Grant 15,778 6
001 EMPA Grant 21,451 6
001 FTA SEC 5307-Senior Resource Association 2,196,600 27
103 Impact Fees/Indian River Lagoon Land Trust Greenway 265,000 6
108 Tenant Based Rental Assistance Grant 500,000 25
109 Secondary Roads/Road Improvements 25,000 23
114 EMS County Awards Grant 15,840 6
123 State Housing Initiative Grant 55,619 8
129 CDBG/NSP 259,000 8
130 CDBG/NSP3 47,203 8
133 FIND Grant/Spoil Island 7,500 27
136 HUD Grants 750,720 8+15+27
145 FIND Grant/Jones Pier 30,000 13
5,951,092
Projects Carried Forward from FY 2011/2012
001 Main Library/Books 1,379 5
001 Brackett/Books-Brackett Proceeds 1,543 5
001 Law Library/Books 1,077 5
001 Parks/Other Capital Improvements-Fairgrounds 40,000 5
001 Animal Control/Automotive 21,195 3
001 FPL Grant/Other Operating Supplies 8,178 3
001 Emergency Mgmt/Other Professional Services 62,865 5
001 Emergency Mgmt/Other Operating Supplies 8,616 5
001 Senior Resource Association 464,473 27
004 Road& Bridge/Other Contractual Services 23,739 5
004 Road& Bridge/Gifford Community Center Improvements 23,358 6
004 Recreation/Outside Printing 4,588 5
004 Recreation/Vero Codgers 632 5
102 Road Improvements 5,486,753 5+6
103 Parks/South County Park Improvements 826,887 5
103 Parks/Sporting Clays 390,000 5
103 Parks/Refunds 75,930 5
103 Sheriff/Corrections/All Land 2,199 3
103 Sheriff/Law Enforcement/Crime Scene Unit Building Renovation 866,494 5
103 Sheriff/Law Enforcement/Refunds 22,150 5
103 Parks/Oslo Road Boat Ramp 173,688 5
103 Fire Rescue/Refunds (68,682) 5+6
103 Fire Rescue/Station#13 1,325,217 5
103 Fire Rescue/Land 2,395 3
103 Fire Rescue/Storage Distribution Center 297,672 5
103 Admin/Interdepartmental Charges 9,900 3
109 Road Improvements 3,640,168 3+5
109 Annual Survey Services 245,599 5
F:\Budget\Kristin\Misc\Budget Amendment History
222
109 NGVDN/D88 Vertical Control 4,379 5
109 Section Horizontal Control 26,372 5
109 FDOT Grant 470,063 8
109 Other Contractual Services 174,514 5
114 County Awards Grant EMS 1,733 5
114 Fire Rescue/Other Machinery& Equipment 39,089 3
114 Fire Rescue/EDP Equipment/Assistance to Firefighters Grant 21,361 5
114 Fire Rescue/Other Operating Supplies 7,391 5
114 Fire Rescue/Fire Station#13 426,304 5+6
114 Fire Rescue/Med Unit 225,000 5
124 Safe Routes to School Grant 7,210 8
124 Transit Hub Project 66,873 6
124 TDP Major Update 28,860 25
128 Sector 3 Beach Restoration 206,826 5
128 Sea Turtle Conservation Grant 790 5
129 CDBG/Neighborhood Stabilization Project 393,593 5
130 CDBG/Neighborhood Stabilization 3 Project 1,400,016 5
133 Oslo Road Boat Ramp 200,000 5
133 Spoil Island 7,500 27
134 Library Bequest Funds 9,358 5
137 Traffic Education 23,803 5
145 Land Acquisition Bond/All Land 155,664 5+6
308 Dodgertown Reserve 553,197 6
315 Facilities Maintenance/Jail Fire Alarm 40,803 5+6
315 Facilities Maintenance/Gifford Community Center Improv. 19,144 23
315 Facilities Mai ntenance/Fi beroptics 359,680 5
315 Facilities Maintenance/Crime Scene Unit Bldg Renovation 1,275,803 5
315 Parks/South County Park 293,260 6
315 Parks/Other Improvements Except Buildings 23,554 5
315 Parks/South County Multi-Purpose Fields 550,000 25
rr..- 315 Road&Bridge/Road Improvements 12,320,094 5+6
315 Public Works/Drainage Systems 2,246,562 5
315 Public Works/CIP/Egret Marsh 1,150,000 5
315 Public Works/CIP/PC South 283,672 23
315 Public Works/CIP/Water Lettuce Scrub System 100,000 5
411 CC&Recycling/Convenience Center Repaving 41,832 5
441 Building Department/Computer Software 12,150 3
471 General & Engineering/Misc. Sewer Improvements 33,809 3
502 Self Insurance/General Liability 114,250 3
505 GIS Department/Other Professional Services 125,000 14
505 GIS Department/Software 34,000 14
37,431,522
Donations/Contributions
001 Donations/Library 63,912 6+13+17+23
001 Donations/BCC 361 17
001 Donations/Human Services 635 2
001 Donations/County Attorney 2,500 17
001 Donations/Parks 2,196 25
004 Donations/Codgers 2,740 8
114 Fire Rescue/Other Operating Supplies 1,361 8
133 Donations/FIND 7,500 25
81,205
F:\Budget\Kristin\Misc\Budget Amendment History
223
Unbudgeted Items
001 Local Jobs Grant/NetBoss 89,667 8
001 Sheriff/Detention Center 78,306 5
001 Computer Services/Computer Software 133,650 6
001 Parks/Other Capital Improvements/Fairgrounds 21,000 15
001 Transfer Out/Spring Training Bond Payoff 2,275,000 24
001 Sheriff/Criminal/Sex Offender Registration Fees 21,043 25
001 Eliminate Projected Payroll Week 130,219 25
001 Transfer In/Land Acqusition Bond Balance 133,200 27
004 Ocean Rescue/FT Lifeguard 27,385 27
004 Shooting Range/Other Improvements Except Buildings 30,000 1
004 Shooting Range/Food 2,700 17
004 Shooting Range/Pro Shop 25,000 13
004 Shooting Range/Amunitiion Sales 20,000 27
004 Parks/Maintenance Dunes 139,591 8
004 Parks/Other Contractual Services 10,000 5
004 Parks/Other Contractual Services 3,105 21
004 County Planning/Overtime 584 8
004 County Planning/Retirement Payout 53,434 27
004 Sheriff/Law Enforcement 48,072 13
004 Eliminate Projected Payroll Week 55,459 25
103 Impact Fees/Corrections/Sheriff-Detention Center 321,031 4+12+20
103 Impact Fees/Parks& Recreation/Wabasso Beach Parking 20,785 10
103 Impact Fees/Public Buildings/SC Intergenerational Facility 138,545 15
103 Impact Fees/Public Buildings/Refunds 9,050 17
103 Impact Fees/Public Buildings/Crime Scene 205,079 21
103 Impact Fees/Fire Services/Fire Station#13 176,493 21
103 Impact Fees/Eliminate Projected Payroll Week 1,430 25
108 Section 8/Special Pay 538 10
'Now 108 Section8/Eliminate Projected Payroll Wee 2,343 25
109 Secondary Roads/Petition Paving 69,156 8
109 Secondary Roads/South County Park resurface parking lot 75,000 25
109 Secondary Roads/Eliminate Projected Payroll Week 4,166 25
111 County Engineering/Salaries& Benefits 1,575 23
111 Traffic Engineering/Fiberoptics 220,000 5
111 Traffic Engineering/Automotive 106,000 17
111 Road& Bridge/Other Machinery&Equipment 30,300 17
111 Road& Bridge/Heavy Equipment 315,000 14+17
111 Eliminate Projected Payroll Week 115,402 25
112 Law Enforcement Trust Fund 24,000 6
114 ALS Revnues 150,000 25
114 Eliminate Projected Payroll Week 297,962 25
119 Tourist Tax/Cultural Council 4,080 1
120 911 Surcharge Fund/EDP Equipment 14,000 17
120 911 Surcharge Fund/Special Pay 215 10
120 911 Surcharge Fund/Communication Equipment 50,000 19
120 911 Surcharge Fund/Eliminate Projected Payroll Week 1,861 25
123 SHIP/Eliminate Projected Payroll Week 714 25
124 MPO/Eliminate Projected Payroll Week 5,748 25
126 Law Enforcement Trust Fund/Confiscated Properties 2,410 16
128 Beach Restoration/eliminate Projected Payroll Week 2,484 25
129 NSP3 Grant/Program Income 658,000 27
130 NSP3 Grant/Program Income 720,000 13
133 Florida Boating/Boating Facility 9,300 5
141 Additional Court Costs/Court Administration 98,000 11
142 Court Technology 57,802 5
184 Vero Highlands Streetlighting/Electric Services 800 27
F:\Budget\Kristin\Misc\Budget Amendment History
224
204 Spring Training Bond/Partial Payoff 2,334,387 24+27
225 Environmentally Sensitive Land Acquisition Payoff 133,300 27
308 Dodgertown Capital Reserve Fund/Room Renovations 600,000 23
315 Optional Sales Tax/Dodgertown/Room Renovations 600,000 23
315 Optional Sales Tax/Parks/SC Intergenerational Facility 961,455 15
315 Optional Sales Tax/Parks/Other Improvements Exc. Buildings 160,000 21
315 Optional Sales tax/Parks/Gifford Ballpark Lighting 60,000 25
315 Optional Sales Tax/Facilities Management/Jail Fire Alarm 316,176 5+23
315 Optional Sales Tax/Facilities Management/Fiberoptics 184,400 19
315 Optional Sales Tax/Sheriff Transfer 817,655 13+19
315 Optional Sales Tax/Property Appraiser Transfer 100,000 15
315 Optional Sales Tax/Fire Rescue/Automobile 690,000 13+17
315 Optional Sales Tax/Public Works/Spoonbill Marsh 175,000 15
315 Optional Sales Tax/Public Works/Spoonbill Marsh 35,000 22
411 SWDD/Convenience Center Repaving 12,500 6
411 SWDD/Unemployment Compensation 1,022 14
411 SWDD/Eliminate Projected Payroll Week 8,435 25
418 Golf Course/Unemployment Compensation 167 5
418 Golf Course/Eliminate Projected Payroll Week 10,498 25
441 Building Dept/Salaries& Benefits 106,406 9+18
441 Building Dept/Computer Software 5,750 23
441 Building Dept/e-Permitting System 9,000 25
441 Building Dept/Permits 8,000 25
441 Building Dept/Eliminate Projected Payroll Week 16,783 25
471 Utilities/Unemployment Compensation 6,325 6+14+23
471 Utilities/Special Pay 2,153 10
471 Utilities/Eliminate Projected Payroll Week 113,580 25
471 Utilities/Retirement Payout 67,975 27
501 Fleet/Unemployment Compensation 2,750 23
501 FleetlVehicle Maintenance 500,000 23
mow.. 501 Fleet/Eliminate Projected Payroll Week 6,753 25
502 Self Insurance Fund/Special Pay 1,077 10
502 Self Insurance Fund/Eliminate Projected Payroll Week 3,422 25
502 Self Insurance Fund/Worker's Comp Claims 300,000 27
504 Health Insurance Fund/Special Pay 538 10
505 GIS/Eliminate Projected Payroll Week 4,362 25
505 GIS/Employee Turnover 11,040 27
15,572,593
Total-All Amendments 59,036,412
Total Budget as of September 30, 2013: $ 311,171,902
w
F:\Budget\Kristin\Misc\Budget Amendment History
225
Quarterly Budget Report
4th Quarter - FY 2012/13
................
- ------------
45- 45-
47
-JAL-
Quarterly Budget Report
4th Quarter - FY 2012/13
Major Revenues:
• Half-Cent Sales Tax — up 5.2% from 11/12
and 3.7% over budget
• Optional Sales Tax — up 4.9% from 11/12
and 18.6% over budget
• Franchise fees — down 5.8% from 11/12
• Optional Gas Tax — down 0.9% from last
year and 0.8% below budget
Quarterly Budget Report
4th Quarter - FY 2012/13
Major Revenues (continued):
• Ad valorem taxes — 96.4% collection vs.
95% budgeted
• Ad valorem — down 4.8% or $3,368,948 from
11/12
• Traffic impact fees — up 23.8% from 11/12
and 68.4% over budget amount
• Recreation revs. - NCAC 24.6% of exp.,
GAC 8.9%, athletics 14.5%
2LS. 2
S /,
Quarterly Budget Report
4th Quarter - FY 2012/13
General Fund
Revenues @ 9/30: 88.1% $67.0 million
Expenses (a 9/30: 93.7% $71 .1 million
Net ( $4.1) million
-Budgeted to use $1.8 million fund balance
-Debt payoff- $2.3 million
-Est. $1.9 million loss at close
,M
Quarterly Budget Report
4th Quarter - FY 2012/13
M.S.T.U. Fund
Revenues @ 9/30: 93.5% $23.1 million
Expenses (d) 9/30: 96.6% $23.8 million
Net ($0.7) million
-Franchise Fee & Half Cent Sales tax receivable $0.8 million
2Z S • 3
Quarterly Budget Report
4th Quarter - FY 2012/13
Transportation Fund
Revenues @ 9/30: 78.9% $10.7 million
Expenses (d) 9/30: 85.7% $11 .6 million
Net ($0.9 million)
-Gas taxes & other revs. receivable
$0.7 million
�n
Quarterly Budget Report
4th Quarter - FY 2012/13
Emergency Services District
Revenues @ 9/30: 85.0% $22.7 million
Expenses (a 9/30: 95.3% $25.5 million
Net ($2.6) million
-ALS revenues receivable - $0.3 million
-Budgeted $2.5 million fund balance usage
22 S.4
3
Quarterly Budget Report
4th Quarter - FY 2012/13
Enterprise Funds & Misc. Depts.:
• Building Division - $484k gain vs. $276k gain in 11/12
• Golf course - $588k Net Income vs. $716k last year
• SWDD - $150k net income vs ($807k) last year
• Fleet - $25k loss over last year
•Shooting range - $30k loss over last year
r
Quarterly Budget Report
4th Quarter - FY 2012/13
Questions, Comments, etc.?
Zlss
County.4uorney's Matters-B.C.C. 11.05.13
Ofce of
INDIAN RIVER COUNTY
* ATTORNEY
�OR1l
Dylan Reingold,County Attorney
William K.DeBraal,Deputy County attorney
Kate Pingolt Cotner,.Assistant Count),Attorney
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Rein old t•
y g , County Attorney
DATE: October 25, 2013
SUBJECT: Interlocal Agreement regarding Florida Development Finance Corporation
The Florida Development Finance Corporation (the "Corporation"), created pursuant to Section 288.9604,
Florida Statutes, is a public corporation that has the authority to issue revenue bonds to finance projects in
order to enhance economic development. In order to issue such bonds the Corporation must have entered
into an interlocal agreement with the local government in which the project will be located. The
Corporation is requesting to enter into an interlocal agreement with Indian River County so that the
Corporation will be able to issue bonds to assist Allied Fiber in creating a fiber optic network from Miami
to Atlanta, Georgia. The requested interlocal agreement is solely intended to assist in the funding of the
project and does not constitute any development or regulatory permit. Additionally, the Board will not be
liable or responsible for any of the indebtedness, liabilities, costs, or expenses of the Corporation. The
interlocal agreement only relates to the Allied Fiber project and the Corporation will be required to obtain
the consent of the Board for support for any other project within Indian River County.
FUNDING.
There is no funding associated with this agenda item.
Indian River Co. Apyroved Date
Approved for November S,2013 BCC Meeting Admin. W 3
O
County Attorney's Matters co.Atty. It.3
Budget 10 I
Department ---
-T/ COUNTY ATTORNEY Risk Management --- ---
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226
Bourd of County Commissioners
October 25, 2013
Page Tito
RECOMMENDATION.
The County Attorney's Office recommends that the Board approve or disapprove the attached interlocal
agreement with Florida Development Finance Corporation and, if the interlocal agreement is approved,
authorize the Chairman to sign it on behalf of the Board.
ATTACHMENT(S).
Proposed interlocal agreement.
DTR:LAC
NOW
,yam
rn.b"rm—.,,,
22/
'-... This instrument was prepared by or under the
supervision of(and after recording should be returned to):
Joseph B. Stanton, Esq.
Broad and Cassel
390 N. Orange Ave.
Suite 1400 (Space reserved for Clerk of Court)
Orlando,Florida 32801
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT ("Agreement") dated this_ day of November, 2013,
is made by and between INDIAN RIVER COUNTY,FLORIDA (the"County") and the FLORIDA
DEVELOPMENT FINANCE CORPORATION(the"FDFC").
WHEREAS, the Legislature of the State of Florida (the "Legislature") adopted the Florida
Development Finance Corporation Act of 1993 (the"Act"); and
WHEREAS, the Legislature determined that it was necessary, in order to achieve the
purposes of the Act, as amended,to create a special development finance authority to cooperate and
act in conjunction with public agencies of Florida's state and local governments through interlocal
agreements pursuant to the Florida Interlocal Cooperation Act of 1969, as amended (the "Interlocal
Act"), in the promotion and advancement of projects related to economic development throughout
the State of Florida(the"State"); and
WHEREAS, the County and the FDFC wish to achieve the purposes set forth in Section
288.9602, Florida Statutes; and
WHEREAS, pursuant to the Act the FDFC was created, with the power to function for any
purposes of the Act within the corporate limits of any public agency once it has entered into an
interlocal agreement with that public agency; and
WHEREAS, the County desires to enter into an interlocal agreement with the FDFC to
allow the FDFC to act within the corporate limits of the County.
NOW,THEREFORE,the County and the FDFC agree as follows:
Section 1. Authorization to Act
The County and the FDFC agree that the FDFC will have the full right, power and authority
to exercise all powers set forth in the Act within the County's corporate limits; provided, however,
that the Board of County Commissioners of Indian River County reserves the right to consent to
each project to be financed within the jurisdictional limits of the County, and to adopt and amend
policies applicable to obtaining the consent required herein. The County hereby consents to the
48145009-5638.3
39753/0092 RMA
228
issuance by FDFC of its Revenue Bonds (the "Bonds") pursuant to this Interlocal Agreement, the
proceeds of which will be loaned to Allied Fiber, LLC and/or one or more of its affiliates,
subsidiaries or related entities, including without limitation, Allied Fiber-Florida, LLC, for the
purpose of financing or refinancing the acquisition, construction, equipping and development
activities associated with laying and installing fiber optic cable along the east coast of Florida.
Section 2. Costs and Indebtedness
The FDFC will be solely responsible for all indebtedness, liabilities, costs or expenses of the
FDFC as permitted pursuant to the Act. The County will not be responsible for any indebtedness,
liabilities, costs or expenses of the FDFC. All recording fees relating to the recording of this
Agreement shall be the exclusive responsibility of FDFC.
Bonds,notes or other indebtedness issued by FDFC:
a. will not constitute and will not be construed as a debt, liability, or obligation of
the County, the State or any subdivision thereof;
b. will not constitute and will not be construed as a pledge of the faith and credit or
any taxing power of the County or the State or any subdivision thereof-, and
C. will be limited obligations of the FDFC payable solely from and secured by a
pledge of payments made by the FDFC and other funds provided therefore;
d. will not reference in any context, except for geographic purposes, the political
•- subdivision of the State known as Indian River County on or within said bond,
note or other form of indebtedness.
Section 3. Notification to County
The FDFC shall notify the County Administrator and the County Economic Development
Council within twenty (20) days of receipt of an application for financing pursuant to the Act for
projects located in the County.
Section 4. FDFC Operations
The FDFC will be responsible for administering its own affairs pursuant to the Act and
this Agreement and will not be required to obtain any further approval, consent or authorization
from the County, except as the Act or any other provision of applicable law or this Agreement
may provide.
Section 5. Effective Date of Agreement
This Agreement is effective upon being filed with the Clerk of the Circuit Court of
Indian River County, as required by law.
2
48145009-5638.3
39753/0042 WA
229
Section 6. Duration of Agreement
The term of this Agreement will be for a one year period and shall automatically be
renewed each year for an additional one year period unless the County or the FDFC provide
written notice to the other party that the party wishes to terminate this Agreement. If that notice
has been provided, this Agreement will terminate on or before sixty (60) days from the receipt of
the notice. Such termination shall not affect any Bonds, notes or other indebtedness issued by
FDFC pursuant to this Agreement prior to the effective date of any termination of this
Agreement.
Section 7. Severability
If any one or more of the sections of this Agreement are held to be contrary to any express
provision of law or contrary to any policy of express law, although not expressly prohibited,
contrary to any express provision or provision of public policy or for any reason held invalid, then
those sections will be null and void and will be deemed separate from any other sections of this
Agreement.
Section 8. Counterparts
This Agreement may be executed in any number of counterparts, each of which, when so
executed and delivered, shall be an original; but such counterparts shall together constitute but one
and the same Agreement, and, in making proof of this Agreement, it shall not be necessary to
•- produce or account for more than one such counterpart.
IN WITNESS WHEREOF, the County and the FDFC have caused this Agreement to be
executed by their duly authorized representatives.
APPROVED this day of , 2013.
ATTEST: Jeffrey R. Smith,Clerk of BOARD OF COUNTY COMMISSIONERS,
Court and Comptroller INDIAN RIVER COUNTY("County")
By: By:
Deputy Clerk Joseph E.Flescher,Chairman
Approved: Approved as to form and legal sufficiency.
Joseph A Baird,County Administrator an Reingold,County Attorney
;J
3
98145009-5636.3
39753IW42 RMA
230
FLORIDA DEVELQ MENT FINANCE
CORPORATION
By:
STATE OF FLORIDA
COUNTY OF.
SWORN TO AND SUBSCRIBED before me this fit$ day of Ccbbtr 2013
by 19,11S�iy4A —
( who is personally known to me or
who produced as identification.
Id1Gklt C-lo
Si
LINDA LE TRUONG
E MY COMMISSION#FF02M3 (Print Name of Notary Public
} EXPIRES May 23,2017
p07)398-0153 FlorWallolaryServlcexom Commission Expires: VlAa4_,�
Commission# FEOao R OS
[Signatures continue next page]
C
i
I
i
I
481+5009L5638.3 4
39753VN2 RMA
I
231
NOVEMBER 5, 2013
I-Ow. ITEM 14A.1
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER-OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: October 28, 2013
SUBJECT: Discussion Regarding 2013-2014 Treasure Coast Regional Planning
Council Assignments
FROM: Chairman, Joseph E. Flescher
Commissioner, District 2
1 would like to have an open discussion regarding the Treasure Coast Regional Planning
.. Council's request for the 2013-2014 Membership Appointments.
The Treasure Coast Regional Planning Council has requested that we submit our
appointments by December 2, 2013.
Attachments:
TCRPC Annual Appointment Request Letter
TCRPC Current Members and Alternates —2013
TCRPC Rotation Schedule
Municipality Appointment Request Letter
232
T R E I
i; - "�
1 t OU
iy
j7
D I C i<lE .ar _.-
I,
_ - N — I✓IM- 1 � I
- 71i
October 18. 2013
ftcErvED
The Honorable .loseph E. Flescher. Chairman
Indian River County Board of County Commissioners OCT 2 4 2173
1801 27th Street
Vero Beach, FL 32960 BOARD OF COUNTY
COMMISSION
Subject: Annual Appointment of Treasure Coast Regional Planning Council Members
Dear Chairman Flescher:
In accordance with Council's Rules of Organization, the December meeting is designated as
the Annual Meeting. at which time the appointment of all members and alternates is to occur.
It is therefore requested that the Board of County Commissioners take the necessary action to
appoint members and alternates for the upcoming year. In the case of Indian River County,
four members and four alternates need to be appointed (two countN, two municipal). It
should be noted that all alternates must be elected officials.
Additionally, the bylaws specifically indicate that municipal appointments must be either
appointed or approved by the County. Each County is assigned the number of appointments
and the method for making the appointments is lett to the discretion and cooperation of the
local governments in the area.
It would be appreciated if the Count), would notify the Council of appointments. including
mailing addresses and telephone numbers, by December 2. 2013, so that the agenda packet
for the December 13,2013 meeting can be provided in a timely fashion.
Sincerely,
Michael .I. Busha. AICD
Executive Director
MJB:Ig
cc: Mayor Susan Adams. City of'Fellsmere
Mayor Brian Barefoot. Town of Indian River Shores
Mayor Harold Otstie, 3 0%tin of Orchid
Mayor Bob McPartlan, City of Sebastian
Mayor Craig Fletcher, City of Vero Beach
w..
"Bringing Communities Together" • Est.1976
421 SW Camden Avenue - Stuart, Prorida 34994
Phone (772) 221-4060 - Fax (772) 221-4067
233
TREASURE COAST REGIONAL PLANNING COUNCIL
CURRENT MEMBERS AND ALTERNATES - 2013
INDIAN RIVER COUNTY
MOCT 912013 4 2013
EMBERS
ALTERNATES go,�
COAT,
The Honorable Peter O'Bryan The Honorable Tim 'Lore
ss�o
Commissioner, Indian River County Commissioner, Indian River County
1801 27th Street 180127 1h Street
Vero Beach, FL 32960 Vero Beach, FL 32960
(772) 226-1440 (772) 226-1440
FAX: (772) 770-5334 FAX: (772) 770-5334
pobrvanla_)ircgov.com tzorc(_&ircgov.com
The Honorable Bob Solari The Honorable Joseph Flescher
Commissioner, Indian River County Commissioner, Indian River County
1801 27th Street 1801 27`h Street
Vero Beach, FL 32960 Vero Beach, FL 32960
(772) 226-1438 (772) 226-1919
FAX: (772) 770-5334 FAX: (772) 770-5334
bsolari(iijrck,ov.com iflescherLy)ircgov com
The Ilonorable Bud Oatway The Honorable Susan Adams
Councilmember, Town of Orchid Mayor, City of Fellsmere
7707-3 U.S. Highway l 22 S. Orange Street
Vero Beach, FL 32967 Fellsmere, FL 32948
(772) 581-2770 (772) 571-1616
FAX: (772) 581-2771 FAX: (772) 646-6355
townmanagerLa�townoforchid.co
susanadams(ci)cityoffellsmere org
The Ilonorable Jerome Adams The Honorable Craig Fletcher
Council Member, City of Sebastian Mayor, City of Vero Beach
1225 Main Street P.O. Box 1389
Sebastian, FL 3295$ Vero Beach, FI. 32961
(772) 589-5330 (772) 978-4700
iadams�a�citvoisebastiaii or FAX: (772) 978-4790
citvclrk(.W,covb.or
234
Treasure Coast Regional Planning Council
Rotation Schedule
The Rotation Schedule was changed November, 2009 to allow the smaller municipalities
to have representation on the Treasure Coast Regional Planning Council. The larger
municipalities (Vero Beach and Sebastian) will have a two year rotation and the smaller
municipalities (Fellsmere, Indian River Shores and Orchid) will have a three year rotation.
2008/2009 Member Appointments Alternates
City of Sebastian City of Vero Beach
Town of Indian River Shores Town of Orchid
2009/2010 Member Appointments Alternates
City of Vero Beach City of Sebastian
Town of Orchid City of Fellsmere
2010/2011 Member Appointments Alternates
City of Sebastian City of Vero Beach
City of Fellsmere Town of Indian River Shores
2011/2012 Member Appointments Alternates
NOW
City of Vero Beach City of Sebastian
Town of Indian River Shores Town of Orchid
2012/2013 Member Appointments Alternates
City of Sebastian City of Vero Beach
Town of Orchid City of Fellsmere
2013/2014 Member Appointments Alternates
City of Vero Beach City of Sebastian
City of Fellsmere City of Indian River Shores
2014/2015 Member Appointments Alternates
City of Sebastian City of Vero Beach
City of Indian River Shores Town of Orchid
2015/2016 Member Appointments Alternates
City of Vero Beach City of Sebastian
Town of Orchid City of Fellsmere
F:\BCC\Committee Member Listings- Miscellaneous\Treasure Coast Regional Planning
Council\TCRPC Rotation Schedule Eff. Nov 2009.docx
235
Treasure Coast Regional Planning Council
Rotation Schedule
2016/2017 Member Appointments Alternates
City of Sebastian City of Vero Beach
City of Fellsmere Town of Indian River Shores
2017/2018 Member Appointments Alternates
City of Vero Beach City of Sebastian
Town of Indian River Shores Town of Orchid
2018/2019 Member Appointments Alternates
City of Sebastian City of Vero Beach
Town of Orchid City of Fellsmere
2019/2020 Member Appointments Alternates
City of Vero Beach City of Sebastian
City of Fellsmere Town of Indian River Shores
F:\BCC\Committee Member Listings- Miscellaneous\Treasure Coast Regional Planning
Council\TCRPC Rotation Schedule Eff. Nov 2009.docx
236
BOARD OF COUNTY COMMISSIONERS
�.. Joseph E. Flescher �V C� Tim Zorc
Chairman 0 -; District 3
District 2I
� �. Peter D. O'Bryan
Wesley S. Davis * `J * District 4
Vice Chairman: �LpR�A
District 1 Bob Solari
District 5
Debbie Krages, City Clerk Sally Maio, City Clerk Laura Aldrich, City Clerk
City of Fellsmere City of Sebastian Town of Indian River Shores
21 S. Cypress St. 1225 Main St. 6001 N. Highway A1A
Fellsmere, FL 32948-6714 Sebastian, FL 32948-4165 Indian River Shores, FL 32963
Terri Wallace, Town Clerk Tammy Vock, City Clerk
Town of Orchid City of Vero Beach
7406 U.S. Highway 1 1053 20" Place
River One Plaza Vero Beach, FI 32960-5359
Vero Beach, FL 32967-6911
October 29, 2013
Dear City Clerks,
Please inform your respective Council of the need to appoint new representatives and their
alternates for the 2013/2014 Treasure Coast Regional Planning Council (TCRPC) prior to their
December 13, 2013 Annual Meeting.
Based upon the rotation established in 2009, appointments are needed from the following:
MEMBER (City of Vero Beach)
ALTERNATE (City of Sebastian)
MEMBER (City of Fellsmere)
ALTERNATE (City of Indian River Shores)
Upon your Council's decision, please provide my office with names and contact information.
Thank you for your time.
Sincerely,
oseph E. Flescher, Chairman
Board of County Commissioners
1801 27"' Street, Building A
Vero Beach, FL 32960
(772) 226-1490
237
ITEM 14.C.1
�-- November 5, 2013
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER-OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: October 30, 2013
SUBJECT: Indian River Lagoon Priorities
FROM: Peter D. O'Bryan, Commissioner
District 4
1 would like to request discussion on Indian River County's priorities for the
�--- Lagoon for the Indian River Lagoon Six Counties Collaborative Legislative
priority.
238
DISTRICT
INDIAN RIVER COUNTY, FLORIDA r
MEMORANDUM
TO: Honorable Emergency Services District Board of Commissioners
THROUGH: Joseph A. Baird, County Administrator
THROUGH: John King, Fire Chief
Department of Emerg n y ervices
FROM: Brian S. Burkeen, Assistant Chief
DATE: October 30, 2013
SUBJECT: Approval of FY 2013/14 EMS County Awards Grant: Purchase of
Capital/Operating Equipment Using Non-Matching EMS Grant Funds and
Grant Resolution
It is respectfully requested that the information contained herein be given formal consideration
by the Emergency Services Board of Commissioners at the next scheduled meeting.
DESCRIPTION AND CONDITIONS:
The Department of Health, Bureau of Emergency Medical Services (EMS), is authorized by
Chapter 401, Part II, Florida Statutes, to distribute county grant funds. The funds are then made
available to eligible county governments to improve and expand their prehospital emergency
medical services. The grant program is an innovative process, which enables EMS agencies to
enhance EMS systems through the Board of County Commissioners.
It should be noted that the grant conditions require the County to ensure that the EMS grant
funds will not be used to supplant or replace any existing EMS budget allocations and the
resolution must include a statement to that effect. The grant conditions also require a separate
accounting of the EMS funds from all other funds. Historically, the County Awards Grant has
been used to purchase medical related equipment or equipment that will assist in the delivery of
the service.
ALTERNATIVES AND ANALYSIS:
The county grant funds are derived from surcharges on various traffic violations. Funding in the
amount of $17,439.00 has been allocated to Indian River County for FY 2013/14. The grant
funds will be utilized as indicated in the grant application for equipment and services to improve
and expand the Advanced/Basic Life Support EMS prehospital system. The equipment proposed
and justification for purchase in the expenditure plan is as follows:
241
King Vision Video Larynzoscope:
Purchase the King Vision Video Laryngoscope for enhancing the ability for successful emergent
endotracheal intubation in the field. The King Vision Video Laryngoscope will allow for better
visibility and accuracy with field intubations.
FUNDING:
No local funds are utilized in the execution of this grant. These grant dollars are from allocated
monies through surcharges on certain traffic violations.
Item I Amount Account Number
King Vision Video Laryngoscope $17,439.00 11412022-066910
RECOMMENDATION:
Staff recommends approval of the FY 2013/14 EMS Grant and resolution to purchase the
equipment and services as noted in the attachments. Staff further recommends that the Board of
County Commissioners authorize the chairman to execute the necessary documents to obtain
funds from the Department of Health in the amount of $17,439.00 and authorize budget
amendments as required to receive and expend the grant funds.
In order to comply with the requirements of this Grant, staff is seeking authorization for the
establishment of a unique accounting code designator for all County Awards Grant deposits,
disbursements, interests accrual and rollover of funds, as they are required to be maintained in a
separate fund or account for inspection by the State EMS Monitoring and Compliance Unit.
ATTACHMENTS:
Grant Form
Copy of Grant Application
Resolution
APPROVED FOR AGENDA Indian River County Approved Date
Administrator p
FOR: November 5 2013
Legal fol,
BY: Budget l0 ,3
seph A. Baird, County Administrator Risk Management
Department
242