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06/09/2020 (4)
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, NNE 9, 2020- 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller This meeting can be attended virtually by accessing YouTube Live. Instructions can be found included with this agenda and also online at www.ircgov.com. 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Pastor Doug Vogt, Pathway Church 3. PLEDGE OF ALLEGIANCE Commissioner Tim Zorc 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 6. APPROVAL OF MINUTES 6.A. Regular Meeting of February 18, 2020 6.B. Regular Meeting of March 03, 2020 7 INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION June 9, 2020 Page 1 of 6 7.A. Letter to BCC Re: 2020 Environmental Lands Bond Referendum and Trust for Public Land Report Attachments: Staff Report Letter to BCC Environmental Lands Bond Referendum Trust for Public Land Report 8. CONSENT AGENDA 8.A. Checks and Electronic Payments May 22, 2020 to May 28, 2020 Attachments: Finance Department Staff Report 8.B. Acceptance and Approval . of Expenditures of Emergency Management Federally -Funded Subgrant Agreement (EMPG) Agreement Number G0071 Attachments: Staff Report FY 2020 - 2021 EMPG - G0071 EMPG Grant Form 8.C. Acceptance and Approval of Expenditures for Emergency Management State -Funded Subgrant Agreement (EMPA) Agreement Number A0090 Attachments: Staff Report FY 2020-2021 EMPA AGREEMENT A0090 EMPA Grant Form 8.D. Acceptance and Approval of Expenditures of Emergency Management Performance Grant Program-COVID-19 Supplemental (EMPG-S) Agreement Number: G0080 Attachments: Staff Report 2020-2021 EMPG-S AGREEMENT G0080 EMPG-S Grant Form 8.E. Award of Bid No. 20200021, 58th Avenue (From North of 57th Street to 85th Street/CR510) Full Depth Reclamation Project, FM No. 436416-1-54-01, IRC -1325 Attachments: Staff Report Sample Agreement 8.F. Change Order No. 1 and Payment for Demolition of 1200 37th Street (IRC -2012) Attachments: Staff Report South Florida Building, Inc. Invoice NO. 2057 Change Order No. 1 June 9, 2020 Page 2 of 6 8.G. Resolution Authorizing the Community Development Department Director, On Behalf of the Indian River Board of County Commissioners, to Execute Single -Family Affordable Housing Impact Fee Waiver/Reduction Agreements and Request for Approval of a Proposed Template Affordable Housing Impact Fee Waiver/Reduction Agreement Attachments: Staff Report Proposed Resolution Proposed Agreement 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearing Scheduled for June 16, 2020 Concerning Extension of Temporary Moratorium Regarding Biosolids - Legislative Attachments: Staff Report 10.C.2. Public Notice of Public Hearing Scheduled for June 16, 2020 to Consider an Application for a Class "El" Certificate of Public Convenience and Necessity by iTransit, LLC - ADMINISTRATIVE Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1. Consideration of Holding A Referendum to Renew the County Economic Development Ad Valorem Tax Exemption (Tax Abatement) Program Attachments: Staff Report FS 196.1995 List of Target Industries INEOS Summary of Taxes Advantages of Tax Abatements Changes to Tax Abatement Statute Since 2010 Tax Abatement Application B. Emergency Services June 9, 2020 Page 3 of 6 12.B.1. Approval of Change Order No. 2 for Radio System P25 Migration Project Attachments: Staff Report New Tower Site Quote 12.B.2. Signing of Work Order No. 5 for Radio System P25 Migration Project Attachments: Staff Report P25- Work Order 5 P25 Stage 5 Quote C. General Services 1. Human Services 2. Sandridge Golf Club. 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works G. Utilities Services 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Tim Zorc 14.C.1. Discussion on Postponing Increases to Title X, Impact Fees, due toEconomic Hardships of the Coronavirus Attachments: Commissioner's Memorandum Background Slide D Commissioner Peter D. O'Bryan E. Commissioner Bob Solari F. Commissioners Open Dialogue 14.F.1. Commissioners Open Dialogue Attachments: Memorandum 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District June 9, 2020 Page 4 of 6 15.A.1. Approval of Minutes Meeting of February 18, 2020 Attachments: 02182020ESDDraft 15.A.2. Purchase of Parcel of Property for New Location of Station 7 Attachments: Staff Report Commercial Contract B. Solid Waste Disposal District 15.B.1. Approval of Meeting Minutes January 21, 2020 Attachments: 01212020SWDDDraft 15.B.2. Approval of Minutes Meeting of February 11, 2020 Attachments: 02112020SWDDDraft 15.B.3. Approval of Minutes Meeting of February 18, 2020 Attachments: 02182020SWDDDraft 15.B.4. Request to Purchase Enviro-Blocks from Inter -Block Retaining Systems, Inc. Attachments: Staff Report Proposal from Inter -Block Retaining Systems Inc C Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is . made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. June 9, 2020 Page 5 of 6 Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. June 9, 2020 Page 6 of 6 Office of the INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael. C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Tina Cournoyer, Executive Assistant to the County Administrator DATE: June 4, 2020 SUBJECT: Letter to BCC Re: 2020 Environmental Lands Bond Referendum and Trust for Public Land Report Please find the two attachments included with this memo, which were distributed to the Board of County Commissioners on June 3, 2020: Back-up Included: 1. Letter to BCC Re: 2020 Environmental Lands Bond Referendum 2. Trust for Public Land Report 1 May 28, 2020 (Via email) The Honorable Susan Adams, Chairman The Honorable Joseph Fleshcer, Vice -Chairman The Honorable Peter O'Bryan The Honorable Bob Solari The Honorable Tim Zorc 1801 27th St. Vero Beach, FL 32960 Re: Environmental Lands Bond Referendum Dear Indian River County Commissioners, Last year, environmentally minded organizations from around Indian River County agreed that the best way to continue to protect our land and waters was to purchase some of the remaining environmentally significant, yet unprotected lands in our county. A 2020 environmental bond referendum would ask voters to support a new bond issuance at a level that would have kept a tax -neutral line item on property owners' existing tax bill. The timing was right as the bonds from the 2004 voter -approved environmental land acquisition program were to be satisfied in 2021. However, the current pandemic has created complications that compel postponement. We know the BCC acts prudently with taxpayer funds to ensure maximum return. Our environmental coalition believes that protecting environmentally significant lands provides a great return for our county, and that a majority of the BCC would likely agree. Nevertheless, with the economic uncertainty created by COVID-19, we have suspended our efforts to promote the local referendum. The environmental coalition will meet in 2021 and determine if the time seems right to restart a campaign to place the measure on the 2022 ballot. Indian River County, like the rest of Florida, has experienced sharp growth over the last twenty years. In 2000, the County's population was nearly 110,000 residents. By 2010, that number had grown to 138,000, and today the County's population stands at approximately 160,000. We can no longer rely on growth management oversight from state and regional agencies to ensure that environmentally significant lands stay protected. The only way to protect land is to purchase the land or its development rights for conservation. There are many privately owned, environmentally significant properties throughout the county. The State of Florida alone has identified, as part of their conservation programs, five ranches in the county in need of protection. The State has also identified properties along the Indian River Lagoon worthy of saving. In addition, there are properties along the St. Sebastian River and other areas east of Interstate 95 that could, and should, be protected for future generations. 2 21 Page Protecting our land is protecting our water. The single greatest action to protect our water quality and quantity is to preserve land before it is developed. Protected lands provide residents and visitors amenities for hiking, hunting, wildlife -watching and other passive recreational opportunities. Natural protected land also creates increased property values for nearby lands. Indian River County used to be widely known for its citrus and the Dodgers, but with citrus under siege and the Dodgers gone, we are now best known as a county that "is not like South Florida." We are different from the rest of South Florida because of our natural environment and our regulated growth; let's permanently protect those qualities. We look forward with working with you in the future to maintain and enhance our natural environment. Very truly yours, Indian River Land Trust By: /s/ Ken Grudens Ken Grudens Indian River Neighborhood Association and Clean Water Coalition of Indian River County By: /s/ Dan Lamson Dan Lamson Pelican Island Audubon Society and Pelican Island Conservation Society By: /s/ David Cox David Cox, Ph.D. Pelican Island Audubon Society By: /s/ George Glenn Jr. George Glenn Jr. cc. Jason Brown Phil Matson THE TRUST FOR PUBLIC LAND Memorandum TO: Interested Parties FROM: Wendy Muzzy, Director, Feasibility Research and Will Abberger, Vice President, Director, Conservation Finance DATE: May 14, 2020 RE: Indian River County conservation finance estimates Introduction In November 1992, Indian River County voters approved a $26 million bond backed by a'/ -mill property tax increase by 53 percent. In November 2004, Indian River County voters approved a renewal of the county's successful land conservation program, approving a $50 million bond backed by a'/ -mill property tax increase with 67 percent voting yes. The Trust for Public Land provided technical assistance to Indian River County to design the ballot measure and worked with local, private citizens to organize and run a successful ballot measure campaign. Indian River County is now interested in exploring the possibility of again renewing county funding for land conservation. In February 2020, Indian River County requested The Trust for Public Land's technical assistance to evaluate potential funding options to continue and sustain the county's land conservation program. Background' The primary purpose and objective of the existing Indian River County Conservation Lands Program is to protect, restore and sustain endangered ecosystems and associated rare and endangered species in Indian River County. Secondary objectives of the program include passive public recreation, preservation of open space, groundwater quality protection, flood protection, protection of historic and cultural resources, and general preservation of "quality of life." The Conservation Lands Program is managed by the Conservation Lands Manager through the Parks and Conservation Resources Division and supervised by the Parks Superintendent. The Conservation Lands Manager and Parks Superintendent also work closely with the Community Development Department. The Parks and Conservation Resources Division enhances and maintains parks, conservation lands, buildings and equipment in order to provide quality recreation, leisure and conservation area. Indian River County's outstanding debt at the end of FY 2018/2019 stands at $14,597,000. Enterprise Funds support 21.7% of the overall debt (Utilities Department), leaving about $11,423,000 or 78.3% in bonds paid from General Govemmental funds. The only general obligation (G.O.) bond outstanding is a voter approved G.O. issue for conservation land acquisition. It should be noted that in the State of Florida, G.O. bonds may only be issued after a voter referendum to approve them is passed. 1 Largely excerpted from the Indian River County website at https://www.ircgov.com/Departments/General Services/Parks/Index.htm and Indian River County Annual Budget for FY 2019-2020. 4 THE TRUST FOR PUBLIC LAND Memorandum In 2004, the voters of Indian. River County approved a referendum to continue the county's land conservation program and issue an additional $50 million for land acquisition. Historic and agricultural lands were added to the approved purchases under this referendum, whereas the initial 1992 bond referendum only authorized acquisition of environmental lands. In June 2006, Indian River County issued the 2006 Series Limited General Obligation Bonds in the principal amount of $48,600,000 at an average interest rate of 4.22% (true interest cost) for land conservation. On February 17, 2015 the Board of County Commissioners approved refunding the bonds using a bank loan in order to save. approximately $1.1 million dollars, or 6.05% of the refunded amount. The bank loan provided a lower borrowing cost at 1.84%, reduced the annual debt service by $170,000, and allowed for a modest reduction in the ad valorem millage rate. These bonds are due to mature in 2021. All funds have been spent/committed. 810 Total Debt Outstanding At Fiscal Year Ends ■ Land Aeq. 2015 0 Spring Training 2001 ■ Water & Sewer 2015 2020 2021 2022 2027 2024 2025 Florida History of Conservation Finance The State of Florida authorizes local communities to use various revenue sources for parks and recreation purposes including property taxes, sales and use taxes, general obligation bonds, and the creation of special districts. Voters approved 82 percent of local conservation finance measures (75 of 92) on the ballot in Florida between 1996 and 2019. General obligation bonds are the most popular public finance mechanism in Florida for parks and conservation. The table to the right illustrates the number and type of conservation finance measures that have gone before voters over the past 23 years. For recent park and land conservation measures on the ballot in Fiscal Year 20#0 Local Conservation Finance Mechanisms Summary of local ballot measures from 1996 in Florida - 2019 t # # Mechanism 1 Passed Failed I Total Passed Bond 52 7 59 88% Sales Tax 14 8 Property Tax 7 2 Other* 2 0 22 9 2 64% 78% 100% Total 75 17 92 82% *Budget allocations : Source: TPL LandVote Database (measures that include $ for land conservation.) 5 Memorandum Florida, the passage rate is 86 percent. Both municipal measures (Hollywood and Jupiter) on the March 2019 ballot were approved. Five of the six city and county park and land conservation measures on the ballot in 2018 were approved. The finance mechanism for all of these recent ballot measures has been general obligation bonds. Two land conservation ballot measures have already been referred to the November 2020 ballot, Nassau County ($30 million bond) and Collier County (renewal of a 0.25 mill property tax). General Obligation Bonds Florida counties and municipalities are authorized to issue debt for capital improvement purposes including parks and open space in the form of general obligation bonds.2 The state statutes do not place specific limits on the amount of debt that can be incurred by a community, but do limit the duration of the bonds to a period not exceeding 40 years. When bonds have been issued, the governing body must levy annually a tax upon taxable property in the jurisdiction sufficient to pay the debt service and interest on the bonds.3 Issuing Bonds for Parks and Open Space The table to the right illustrates the debt service and millage required for bond amounts that could potentially be issued for parks and open space in Indian River County. For instance, a countywide bond issue for $50 million would add roughly $3.9 million to the county's annual debt service and cost the typical homeowner an average of $44 per year in additional property taxes. TPL's bond cost calculations provide a basic estimate of debt service, tax increase, and cost to the average homeowner in the community of potential bond issuances for parks and land conservation. Assumptions include the following: the entire debt amount is issued in the first year and payments are equal until maturity; 15 -year maturity; and two percent interest rate. The property tax estimates assume that the jurisdiction would raise property taxes to pay the debt service on bonds, however other revenue streams may be used. The cost for the average residential property represents the estimated annual impact of increased property taxes levied to pay the debt service. The estimates do not take into account growth in the tax base due to new construction and annexation over the life of the bonds. The jurisdiction's officials, financial advisors, bond counsel and underwriters would establish the Bond Financing Costs for Indian River County 15 -year Bond Issues at 2.0% Interest Rate 2019 Total Taxable Value = $18.6 billion Annual Mill Levy Increase Costl Year/ Bond Issue Size Debt Svce Avg. Residential $40,000,000 $3,113,019 0.168 $35 $50,000,000 $3,891,274 0.209 $44 $55,000,000 $4,280,401 0.230 $48 $60,000,000 $4,669,528 0.251 $52 $65,000,000 $5,058,656 0.272 $57 $70,000,000 $5,447,783 0.293 $61 Source: Florida Dept. of Revenue Ad Valorem & Tax Data Book Average residential property taxable value $208,433. actual terms of any bond. Enactment procedures The County Commission must call a referendum election prior to the issuance of bonds.4 There must be at least 30 days' notice published in the local newspaper of general circulation.5 Bond 2 A single ballot question may authorize bonding authority and a millage levy, the excess of which can be used for operations and maintenance. The mill levy must be within the County's 10 -mill cap. 3 3 Chapters 100 and 130, and Section 200.181, Florida Statutes. ° Section 100.211, F.S. 5 Section 100.342, F.S. 6 THE TRUST FOR PUBLIC LAND Memorandum elections may be held concurrently with any general or primary election.6 General elections are held on the first Tuesday after the first Monday in November of each even numbered year.' The next general election will be Tuesday, November 3, 2020. The deadline in Indian River County for filing a measure for the 2020 General Election is August 17, 2020.8 Indian River County voters will elect three county commissioners at this election. Special elections may also be called after the supervisor of elections consents.9 In any special election or referendum not otherwise provided for thereshall be at least 30 days' notice of the election or referendum by publication in a newspaper of general circulation in the county. The publication shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the election or referendum is to be held. Ballot Language For public measures submitted to voters, a summary must be printed in clear and unambiguous language on the ballot following the list of candidates. The summary shall be an explanatory statement of the chief purpose of the measure, not exceeding 75 words in length, and must be followed by the word "yes" (to indicate approval) and the word "no" (to indicate rejection). The ballot title shall consist of a caption, not exceeding 15 words in length, by which the measure is commonly referred to or spoken of... November 2, 2004 bond in Indian River County, Florida WATER RESOURCES PROTECTION, ENVIRONMENTALLY SIGNIFICANT LANDS, OPEN SPACE AND WILDLIFE HABITAT PRESERVATION Approved with 67% yes To acquire and preserve land to protect water resources, drinking water resources, environmentally significant lands, historic sites, agricultural lands, open spaces, and/or wildlife habitat, shall Indian River County be authorized to issue general obligation bonds with maturities not exceeding 15 years at interest rates not exceeding the legal maximum in an amount not exceeding $50 million payable from ad valorem taxes not exceeding 1/2 mill, with project spending subject to annual independent audit? November 1, 1992 bond in Indian River County, Florida Approved with 53% yes Shall Indian River County be authorized to acquire environmentally significant land to protect water quality, open spaces, and wildlife habitat, by issuing general obligation bonds not. exceeding $26,000,000 to be repaid in not -to -exceed 15 years and structured so that at the time of issuance the rate necessary to fund the maximum annual payments on the bonds shall not exceed 1/2 mill? 6 Section 100.361, F.S. 7 Section 100.031, F.S. 8 Personal communication with the Leslie Swan, Supervisor of Elections, 4/8/20. 9 Section 100.151, F.S. F.S. § 101.161. 7 THE TRUST FOR PUBLIC LAND Memorandum 2020 Presidential General Election Calendar General Election Voter Registration Deadline (book closing) October 5 Vote -by -Mail Ballot Send Deadline - for UOCAVA Voters (Absent Stateside and Overseas Uniformed and Civilian Voters) September 19 Vote -by -Mail Ballot Send Deadline - For Domestic Voters (7 -day mailing window) September 24 - October 1 Early Voting - Mandatory (8 -day period starting on the 10th day and ending on the 3rd day before Election Day) October 24 - October 31 Early Voting Period -Additional Optional Days (A county may offer early voting on one or more of these days) October 19, 20, 21, 22, 23; and November 1 Election Day November 3 County Voter Registration Indian River County Voter Registration r. • Republican N Democrat Unaffil/Other County Voter Turnout Indian River County Voter Registration Party Percentage 1 # Voters Republican 46% Nov -18 53,887 Democrat 27% Nov -16 31,801 Unaffil/Other 27% Nov -14 30,991 Total 100% Nov -12 116,679 8 Indian River County Voter Turnout Election Registered Voters Ballots Cast % Turnout Nov -18 113,426 74,999 66% Nov -16 106,641 81,716 77% Nov -14 .97,944 53,495 55% Nov -12 93,569 72,117 77% Nov -10 90,898 48,507 53% Nov -08 90,053 71,145 79% 8 THE TRUST FOR PUBLIC LAND Memorandum November 2020 ballot Indian River County voters likely will be asked in November to increase property taxes to pay for children's services countywide. Draft ballot language follows. On Jan. 14, the Indian River County Board of County Commissioners voted to explore holding a referendum to establish a set property tax millage for children's services. Currently, an assigned millage of up to 0.1250 provides funds to the children's services advisory committee. Over the past five years, the commissioners have increased the amount allocated to children's services from $851,965 in 2015/2016 to $2,062,611 in 2019/2020. Ata February 24 workshop, Commissioner Peter O'Bryan suggested an increase of .2 mills for three years, .25 mills for three years, then .33 mills for six years. At the current tax roll, that would be about $6.8 million at a third of a mill -- a threefold increase over the current funding. The cost to the average homeowner (taxable value of $$196,791) for the new tax for children's services would be $49.20 annually when the millage is 0.25, rising to $64.94 annually when the millage reaches 0.33. According to the Florida Housing Data Clearinghouse, the average single- family home in Indian River County was assessed at $246,791 in 2018. Assuming the standard $50,000 homestead exemption, the taxable value would be $196,791,11 11 Winikoff, Michael, Indian River County considers raising taxes for children's services, Hometown News, March 5, 2020; and https://i rcoov.legista r. com/LegislationDetail.asox? I D=4338800&G U I D=0A37C87B-8B B6 -4F D 1-8255- 92A4B53000BF&O ptions=&Sea rch= 9 THE TRUST FOR PUBLIC LAND Memorandum REVISED 2-7-20 Draft Referendum Language Option 1: Dedicated Millage for Children's Trust of Indian River County In order to fund improvements in quality children's development, physi,cal and mental health, and other services for children residing in Indian River County, shall Indian'River County levy each year an ad valorem tax of one-quarter of a mill in 2021, one-thirdrof a mill in 2024, and two-fifths of a mill in 2027 to 2032, and ensure proper fiscal stewardship of these funds, in accordance with Resolution. Reauthorization required in 2o32./- For o3 ./ For dedicated millage for Children's Trust _Against dedicated millage for Children's Trust Option 2: Dedicated Millage for Children's Trust of Ind�County ��'�•.. In order to fund improvements in quality children's development, physical and mental health, and other services for childre aiding in Indian River County, shall Indian River County levy each year an ad valorem'tax of one-quarter of a mill in 2021, one-third of a mill in 2024, and two-fifths of a mill in 2030 to 2032, and ensure proper fiscal stewardship of these funds, in accordance with Resolutioonn:�Reaauthori% atioa r ired in 2032. For dedicated millage for`Children's Trust _Againstdedicated millage fort ren'sTrust 10 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: May 28, 2020 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS May 22, 2020 to May 28, 2020 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of May 22, 2020 to May 28, 2020. 11 TRANS NBR 395826 395827 395828 395829 395830 395831 395832 395833 395834 395835 395836 395837 395838 395839 395840 395841 395842 395843 395844 395845 395846 395847 395848 395849 395850 395851 395852 395853 395854 395855 395856 395857 395858 395859 395860 395861 395862 395863 395864 395865 395866 395867 395868 395869 395870 395871 395872 395873 395874 395875 395876 395877 395878 395879 395880 395881 395882 395883 DATE 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/26/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 CHECKS WRIT 1'EN VENDOR PAUL CARONE WILLIE C REAGAN LARRY STALEY DAVID SPARKS THE PALMS AT VERO BEACH JOHN OLIVIERA ARTHUR PRUETT MICHAEL JAHOLKOWSKI STEVEN RENNICK ROBERT L BRACKETT SUNCOAST REALTY & RENTAL MGMT LLC PAMELA R CUMMINGS SYLVESTER MC 1NTOSH OKEECHOBEE PARTNERS LLC MISS INC OF THE TREASURE COAST DANIEL CORY MARTIN FIVE STAR PROPERTY HOLDING LLC VAL APTS LLC AUGUSTUS B FORT JR H&H SHADOWBROOK LLC VERO BEACH PLACE LLC HELPING HANDS REAL ESTATE & INVESTMENT CO ALD( DENEAU NKW PIP HOLDINGS I LLC MAXIPLEX LLC RANDY BETHEL BRANDON ROVER HUDSON CONSULTING & MANAGEMENT LLC PALMETTO PROPERTY MANAGEMENT CORP HAMID SILMANE PAMELA CHAVEZ PHILIPPE ALEXANDER STANLEY L JENNINGS SHARON P BRENNAN JANINA M GIORGIO CORNELIA H LAHEY CARLINGTON A GOFFE DEEP REAL ESTATE INC A PLUS PROPERTY MANAGEMENT INC ORCHARD GROVE VENTURE LLC GEORGIA KING LLC BREGO PROPERTIES LLC BCAG LLC SCHMIDT REAL ESTATE FLORIDA EAST COAST LLC YELLOW RING HOLDINGS LLC SREIT LEXINGTON CLUB LLC VERO BEACH: LEASED HOUSING ASSOC III LLLP PORT CONSOLIDATED INC FIRE EQUIPMENT SVC OF ST LUCIE INC COMMUNICATIONS INTERNATIONAL RICOH USA INC RICOH USA INC HENRY SCHEIN INC AT&T WIRELESS DATA FLOW SYSTEMS INC E -Z BREW COFFEE & BOTTLE WATER SVC GRAINGER GRAYBAR ELECTRIC AMOUNT 3,341.00 1,308.00 593.00 1,407.00 2,377.00 856.00 756.00 547.00 661.00 780.00 641.00 689.00 365.00 807.00 1,748.00 1,377.00 830.00 852.00. 641.00 657.00 2,133.00 3,285.00 750.00 1,818.00 2,878.00 751.00 2,166.00 868.00. 935.00 750.00 744.00 700.00 762.00. 556.00 885.00 1,126.00 703.00 487.00. 795.00 3,399.00 757.00 2,700.00 249.00 758.00 791.00 3,963.00 807.00 473.99 55.00 83,529.00 289.95 18.38 734.87 866.37 1,707.73 45.00 9,784.13 419.27 12 TRANS NBR 395884 395885 395886 395887 395888 395889 395890 395891 395892 395893 395894 395895 395896 395897 395898 395899 395900 395901 395902 395903 395904 395905 395906 395907 395908 395909 395910 395911 395912 395913 395914 395915 395916 395917 395918 395919 395920 395921 395922 395923 395924 395925 395926 395927 395928 395929 395930 395931 395932 395933 395934 395935 395936 395937 395938 395939 395940 395941 395942 395943 DATE 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 VENDOR AMOUNT MCMASTER CARR SUPPLY CO 1,150.20 HACH CO 3,422.98 CLIFF BERRY INC 465.15 MASTELLER MOLER & TAYLOR INC 2,200.00 BOUND TREE MEDICAL LLC 1,462.25 PETES CONCRETE 1,900.00 TIRESOLES OF BROWARD INC 2,631.60 CITY ELECTRIC SUPPLY COMPANY 70.36 CARTER ASSOCIATES INC 1,240.66 CHILDCARE RESOURCES OF IRC INC 16,620.28 JOHN C HINTON 2,467.40 BAKER & TAYLOR INC 15.90 BARNEYS PUMP INC 3,855.00 NORTHERN SAFETY CO INC 17.60 CENGAGE LEARNING INC 1,537.75 JIMMYS AIR & REFRIGERATION INC 504.00 SOFTWARE HARDWARE INTEGRATION 1,260.24 INDIAN RIVER COUNTY HEALTH DEPT 59,762.91 VICTIM ASSISTANCE PROGRAM 6,018.16 ROGER J NICOSIA 1,500.00 CITY OF VERO BEACH 3,464.58 CITY OF VERO BEACH 2,208.00 CITY OF VERO BEACH 11,675.00 INDIAN RIVER ALL FAB INC 1,087.00 AT&T CORP 124.85 EBSCO INDUSTRIES INC 20.57 JANITORIAL DEPOT OF AMERICA INC 188.99 TREASURE COAST HOMELESS SERVICES 5,551.06 PUBLIX SUPERMARKETS 125.00 WAL MART STORES EAST LP 463.39 WAL MART STORES EAST LP 91.69 GEOSYNTEC CONSULTANTS INC 2,600.00 NCH CORPORATION 295.09 CITY OF SEBASTIAN 25,901.52 FLORIDA POWER AND LIGHT 25,181.34 FLORIDA POWER AND LIGHT 1,181.32 GIFFORD YOUTH ACHIEVEMENT CENTER INC 15,142.02 STATE ATTORNEY 10,952.20 CITY OF FELLSMERE 35.51 PEACE RIVER ELECTRIC COOP INC 314.07 NEW HORIZONS OF THE TREASURE COAST 26,657.00 SUNSHINE STATE ONE CALL OF FL INC 1,130.33 STRUNK FUNERAL HOMES & CREMATORY 425.00 BRIDGESTONE AMERICAS INC 398.40 SHRIEVE CHEMICAL CO 4,035.29 GATOR'S SOD INC 425.00 ST LUCIE COUNTY BOCC 37,658.83 SHELTRA & SON CONSTRUCTION INC 17,980.00 THE AVANTI COMPANY INC 1,002.00 RUSSELL PAYNE INC 187.91 TRANE US INC 652.00 CINTAS CORPORATION NO 2 234.40 VAN WAL INC 60.00 SOUTHERN JANITOR SUPPLY INC 2,420.75 MASTELLER & MOLER INC 3,724.00 HEVERON GROUP INC 22,166.16 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 12,129.68 GERELCOM INC 40,903.91 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 6,823.71 REDLANDS CHRISTIAN MIGRANT ASSOC 3,277.40 13 TRANS NBR 395944 395945 395946 395947 395948 395949 395950 395951 395952 395953 395954 395955 395956 395957 395958 395959 395960 395961 395962 395963 395964 395965 395966 395967 395968 395969 395970 395971 395972 395973 395974 395975 395976 395977 395978 395979 395980 395981 395982 395983 395984 395985 395986 395987 395988 395989 395990 395991 395992 395993 395994 395995 395996 395997 395998 395999 396000 396001 396002 396003 DATE 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 VENDOR AMOUNT KRISTIN DANIELS 100.00 WINSUPPLY OF VERO BEACH 6.61 BRENNTAG MID -SOUTH INC 7,571.61 JEFFREY FALCETTA 500.00 FLORIDA ARMATURE WORKS INC 5,888.15 XYLEM WATER SOLUTION USA INC 8,454.84 CARDINAL HEALTH 110 INC 307.58 MUNICIPAL EMERGENCY SERVICES INC 19,656.76 BURNETT LIME CO INC 6,374.20 TREASURE COAST TURF INC 314.00 STRAIGHT OAK LLC 24.95 KESSLER CONSULTING INC 4,152.50 NAPIER & ROLLIN PLLC 1,425.00 SYLIVIA MILLER 2,043.00 HAWKINS INC 1,486.25 ANFIELD CONSULTING GROUP INC 10,000.00 ANDERSEN ANDRE CONSULTING ENGINEERS INC 5,034.00 VENMILL INDUSTRIES INC 194.96 CATHEDRAL CORPORATION 1,520.85 UNIFIRST CORPORATION 798.01 H&H SHADOWBROOK LLC 400.00 CDA SOLUTIONS INC 325.00 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 65.45 GOTTA GO GREEN ENTERPISES INC 157.18 FLORIDA EAST COAST HOLDINGS CORP 9,534.57 AC VETERINARY SPECIALTY SERVICES 222.13 CANARX GROUP INC 4,838.10 WILLIS SPORTS ASSOCIATION INC 3,025.58 COLE AUTO SUPPLY INC 1,150.02 KREMEDY LLC 3,712.00 KONICA MINOLTA BUSINESS SOLUTIONS 948.47 VBRC INC 482.81 SUPERSAFE LIBRARY SECURITY INC 360.00 NESTLE WATERS NORTH AMERICA 65.89 CORE & MAIN LP 8,155.79 JOE PAYNE INC 12,459.20 INDIAN RIVER DOCKS LLC 5,050.00 DJD EQUIPMENT HOLDINGS LLC 94.80 GYRO-TRAC CORPORATION 629.70 DIRECTV GROUP INC 52.06 EMPIRE PIPE ORLANDO LLC 21,000.92 AMAZON CAPITAL SERVICES INC 1,761.24 PIRATE PEST CONTROL LLC 420.00 AMERIGAS PROPANE LP 3,695.24 GRBK GHO HOMES LLC 82.58 JORDAN POWER EQUIPMENT CORP 584.01 ALAN DALE WILLIAMS 325.00 DEANGELO BROTHERS LLC 105.00 LIBERTY TIRE RECYCLING LLC 3,191.14 MULLINAX FORD OF VERO BEACH 13.52 GASPAR BODY & PAINT INC 4,050.60 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 70.00 DESK SPINCO INC 270.75 INVASIVE PLANT ERADICATORS LLC 964.41 SUNBELT HYDRAULIC & EQUIPMENT INC 628.63 CBIZ OPERATIONS INC 4,250.00 BLUE GOOSE CONSTRUCTION LLC 47,503.00 STAPLES INC 268.47 LOWES COMPANIES INC 1,056.12 PEOPLEREADY INC 1,436.50 14 TRANS NBR 396004 396005 396006 396007 396008 396009 396010 Grand Total: DATE 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 VENDOR AMOUNT SMI TRADING LLC 36.00 DESIGN CONCEPTS LLC 3,870.00 FLORIDA DELTA MECHANICAL INC 79.00 CALVIN CUSHMAN 38.79 SEAN BUDLONG 50.72 INDIAN RIVER COUNTY 4-H FOUNDATION INC 181.25 ABC BUS INC 24,799.44 800,984.45 15 TRANS. NBR 1016653 1016654 1016655 1016656 1016657 1016658 1016659 1016660 1016661 1016662 1016663 1016664 1016665 1016666 1016667 1016668 1016669 1016670 1016671 1016672 1016673 1016674 1016675 1016676 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 05/22/2020 05/22/2020 05/22/2020 05/27/2020 05/27/2020 05/27/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 05/28/2020 VENDOR AMOUNT FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 18,000.00 INDIAN RIVER BATTERY EFE INC AT&T CORP COMCAST WASTE MANAGEMENT INC OF FLORIDA METAL CULVERTS INC NORTH SOUTH SUPPLY INC MIKES GARAGE & WRECKER SERVICE INC MEEKS PLUMBING INC ST LUCIE BATTERY & TIRE CO IRRIGATION CONSULTANTS UNLIMITED INC THE EXPEDITER THYSSENKRUPP ELEVATOR CORPORATION TOTAL TRUCK PARTS INC THOMPSON TRACTOR MIDWEST MOTOR SUPPLY CO RECHTIEN INTERNATIONAL TRUCKS L&L DISTRIBUTORS RADWELL INTERNATIONAL INC ALLIED DIVERSIFIED OF VERO BEACH LLC NEXAIR LLC PACE ANALYTICAL SERVICES LLC TOSHIBA AMERICA BUSINESS SOLUTIONS INC 76.45 434.40 10,564.80 6.99 1,198.27 7,852.50 16.40 375.00 851.00 1,111.18 619.50 294.84 1,325.00 528.17 775.00 525.91 1,050.06 219.82 116.80 170.00 400.86 1,431.00 355.24 48,299.19 16 TRANS NBR 7687 7688 7689 7690 7691 7692 7693 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 05/26/2020 05/26/2020 05/26/2020 05/27/2020 05/28/2020 05/28/2020 05/28/2020 VENDOR CULTURAL COUNCIL OF IRC IRC CHAMBER OF COMMERCE IRC CHAMBER OF COMMERCE COALITION FOR ATTAINABLE HOMES INC ALLSTATE VEROTOWN LLC RX BENEFITS INC AMOUNT 2,364.50 18,838.86 32,667.04 1,803.00 175.92 39,373.53 201,723.61 296,946.46 17 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: THROUGH: FROM: DATE: SUBJECT: Honorable Board of County Commissioners Jason E. Brown, County Administrator Tad Stone, Director Department of Emergency. Services June 4, 2020 Acceptance and Approval of Expenditures of Emergency Management Federally - Funded Subgrant Agreement (EMPG) Agreement Number G0071 It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: The intent of the EMPG Base Grant Agreement is to provide each county with the means to successfully maintain and operate an Emergency Management Program. Counties must be able to prepare for, respond to, recover from, and mitigate against natural and man-made disasters/ emergencies. EMPG Base Grant funding is intended to enhance county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes). The Scope of Work recognizes that each recipient is at a varying level of preparedness, and it is understood that each county has a unique geography, faces unique threats and hazards, and serves a unique population. The State of Florida, Division of Emergency Management provides funding to Indian River County Emergency Management. The total funding allocated with this agreement (G0071) is $79,635.00. EMPG allowable costs are divided into the following categories as referenced in the 2019-2023 Emergency Management Strategic Plan: organizational, planning, training, exercise & equipment. FUNDING: This is a 100% funded agreement with a non-federal match provided by the Emergency Management Preparedness Assistance (EMPA) grant, there are no additional funds required from Indian River County. The term of the agreement is from July 1, 2020 through June 30, 2021. 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 fundingfor reallocation to other counties. 18 RECOMMENDATION: Staff recommends approval of the Federally Funded Subgrant Agreement (G0071), associated expenditures, and authorization of the Chairman to execute this agreement between Indian River County Emergency Management and the State of Florida, Division of Emergency Management. Item Amount Account Number Software Services $36,502.00 00120825-035120-05050 (Annual recurring costs - "Sole Source") • ShareFile (Citrix Online LLC) • WebEOC (ESI Acquisition, Inc.) Emergency management related training activities $20,135.00 00120825-033190-05050 Travel to emergency management conferences $6,018.00 00120825-034020-05050 Registration fees for emergency management conferences $1,755.00 00120825-035430-05050 EOC Enhancements $10,000.00 00123825-035290-05050 Public Outreach $5,225.00 00123825-035290-05050 TOTAL $79,635.00 ATTACHMENTS: 1. Three (3) Original Copies of EMPG Agreement (G0071) 2. Indian River County Office of Budget and Management Grant Form 19 STATE OF FLORIDA FLORIDA DIVISION OF EMERGENCY MANAGEMENT CFDA Number(s): 97.042 Agreement Number: G0071 FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT EMERGENCY MANAGEMENT PERFORMANCE GRANTS 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 "Sub -Recipient"). For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Sub -Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. 2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract." B. As defined by 2 C.F.R. §200.74, "pass-through entity" means "a non -Federal entity that provides a subaward to a Sub -Recipient to carry out part of a Federal program." C. As defined by 2 C.F.R. §200.93, "Sub -Recipient" means "a non -Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program." D. As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a non - Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." E. As defined by 2 C.F.R. §200.92, "subaward" means "an award provided by a pass-through entity to a Sub -Recipient for the Sub -Recipient to carry out part of a Federal award received by the pass- through entity." THEREFORE, Division AND Sub -recipient agree to the following: (1) SCOPE OF WORK (a) Sub -recipient shall perform the work in accordance with Attachment A, Scope of Work, to this agreement. (2) INCORPORATION OF LAWS, REGULATIONS, AND POLICIES (a) Sub -recipient and Division shall be governed by all applicable State and Federal laws, rules, and regulations, including, but not limited to, those identified in Attachment E, Program Statement of Assurances. In addition, section 215.971, Florida Statutes applies to this Agreement because 2 C.F.R. 20 §200.302 states in part: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." (3) PERIOD OF AGREEMENT (a) This agreement period will begin on July 01, 2020, and will end on June 30, 2021, unless terminated earlier in accordance with provisions of this Agreement, including, but not limited to Paragraph (12) TERMINATION, of this Agreement. (4) FUNDING CONSIDERATION (a) This is a cost reimbursement agreement. Division shall reimburse Sub -recipient for allowable costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $79,635.00, subject to legality of the expenditures, availability of funds, and appropriate budget authority. (b) Any advance payment under this Agreement is subject to section 216.181(16), Florida Statutes. The amount of advanced funds may not exceed the expected cash needs of Sub -recipient within the first (90) days of the term of this Agreement. If an advance payment is requested, the budget data on which the request is based, and a justification statement shall be included with this Agreement as indicated in Attachment B, Justification of Advance Payment. Attachment B must specify the amount of advance disbursement requested and provide an explanation of the necessity for and proposed use of the funds. (c) As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub -Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." (d) In accordance with section 215.971(1)(d), Florida Statutes, the Sub -Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of Agreement. (e) As required by section 215.971(2)(c), Florida Statutes, the Grant Manager shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. 21 (5) REPORTS Sub -recipients shall provide Division with all required Reports, as set forth in Exhibit 1 — Audit Requirements, to this agreement. (a) Consistent with 2 C.F.R. §200.328, the Sub -Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub -Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. (b) Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are September 30, December 31, March 31, and June 30. (c) The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Sub -Recipient shall provide additional program updates or information that may be required by the Division. (f) The Sub -Recipient shall provide additional reports and information identified in Quarterly Reports. (Attachment A (3)). The necessary forms for completing Quarterly Reports are located in Attachment G, Reporting Forms. (6) MONITORING (a) Sub -recipient is responsible for and shall monitor its performance under this Agreement. Sub -recipient shall monitor the performance of its contractors, consultants, agents, contractors, and the like, who are paid from funds provided under this Agreement or acting in furtherance of this Agreement. (b) In addition to reviews of audits conducted in accordance with Exhibit 1 — Audit Requirements, monitoring procedures may include, but not limited to, desk reviews and on-site visits by Division staff, limited scope audits, and other procedures. (7) SUBCONTRACTS (a) Sub -recipient shall not contract in furtherance of this Agreement prior to receiving Division's written confirmation that the proposed contract includes the following requirements: i. Contractor is bound by all applicable State and Federal law and regulations; ii. Contractor shall indemnify and hold Division and Sub -recipient harmless against all claims of whatever nature arising out of or related to 22 the contractor's performance of under this Agreement, to the extent allowed by law; and iii. Prior to entering into a contract with any contractor to be paid from funds from this Agreement, Sub -recipient shall submit to Division a completed Attachment C, Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion to this Agreement. (8) AUDITS (a) Sub -recipient's performance under this Agreement is subject to the applicable requirements published in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Title 2 of the United States Code of Federal Regulations (C.F.R.) part 200 hereinafter referred to as the "Uniform Guidance." (b) Sub -recipient shall retain all records pertaining to this Agreement, regardless of the form of the record (e.g. paper, film, recording, electronic), including but not limited to financial records, supporting documents, statistical records, and any other documents (hereinafter referred to as "Records") for a period of five State fiscal years after all reporting requirements are satisfied and final payments have been received, or if an audit has been initiated and audit findings through ligation or otherwise. (c) If Sub -recipient's expenditures of State of Federal awards during its applicable fiscal year(s) require it to conduct an audit in accordance with Exhibit 1 — Audit Requirements, to this Agreement, such audit will comply with all applicable requirements of Exhibit 1 — Audit Requirements, to this Agreement, section 215.97, Florida Statues, and the Uniform Guidance as applicable, and Sub - recipient shall ensure that all related party transactions are disclosed to the auditor. (d) The reporting packages for required audits must be timely submitted in accordance with the requirements of Exhibit 1 — Audit Requirements, of this Agreement and the applicable laws, rules and audits of Federal awards conducted in accordance with Subparagraph (c) above. (9) LIABILITY (a) Unless Sub -Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub -Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement. As authorized by section 768.28(19), Florida Statutes, Sub -Recipient 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, Sub -Recipient agrees that it is not an employee or agent of the Division but is an independent contractor. (b) As required by section 768.28(19), Florida Statutes, any Sub -Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, 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 23 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub -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 terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (11) REMEDIES; 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 if: (a) Any warranty or representation made by the Sub -Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - 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) Material adverse changes occur in the financial condition of the Sub -Recipient at any time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within 30 days from the date written notice is sent by the Division; (c) Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete, or insufficient information; or, (d) The Sub -Recipient has failed to perform and complete on time any of its obligations under this Agreement. (11) REMEDIES If an Event of Default occurs, then the Division shall, after 30 calendar days written notice to the Sub -Recipient and upon the Sub -Recipients failure to cure within those 30 days, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Sub -Recipient is given at least 30 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 (3) 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; 24 (d) Require that the Sub -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: (f) i. Request additional information from the Sub -Recipient to determine the reasons for or the extent of non-compliance or lack of performance; ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected; iii. Advise the Sub -Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or; iv. Require the Sub -Recipient to reimburse the Division for costs incurred for any items determined to be ineligible; Exercise any other rights or remedies which may be available under law. 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 Sub -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 Sub -Recipient. (12) TERMINATION (a) The Division may terminate this Agreement for cause after 30 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 Sub -Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, 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 Sub -Recipient with 30 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. If this Agreement is terminated, the Sub - Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub- Recipient has received the notification of termination. (d) The Sub -Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub -Recipient shall not be relieved 25 of liability to the Division because of any breach of Agreement by the Sub -Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub -Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub -Recipient is determined. (13) PROCUREMENT (a) The Sub -Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"). (b) As required by 2 C.F.R. §200.318(i), the Sub -Recipient shall "maintain records sufficient to detail the history of procurement. These records will include but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." (c) As required by 2 C.F.R. §200.318(b), the Sub -Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub - Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. (d) Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least (15) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Sub -Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the (7) business day window outlined above. If the Sub -Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: i. Terminate this Agreement in accordance with the provisions outlined in Paragraph (13) above; and, 26 ii. Refuse to reimburse the Sub -Recipient for any costs associated with that solicitation. (e) Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Sub -Recipient within 7 business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the 7 business day window outlined above. If the Sub -Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant, then the Division may: i. Terminate this Agreement in accordance with the provisions outlined in Paragraph (13) above; and, ii. Refuse to reimburse the Sub -Recipient for any costs associated with that subcontract. (f) The Sub -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 Sub -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. (g) As required by 2 C.F.R. §200.318(c)(1), the Sub -Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." (h) As required by 2 C.F.R. §200.319(a), the Sub -Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition. " Accordingly, the Sub -Recipient shall not: i. Place unreasonable requirements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding; 27 iii. Use noncompetitive pricing practices between firms or between affiliated companies; iv. Execute noncompetitive contracts to consultants that are on retainer contracts; v. Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an equivalent; vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. (i) Except in those cases where applicable Federal statutes expressly mandate or encourage otherwise, the Sub -Recipient, as required by 2 C.F.R. §200.319(b), shall not use a geographic preference when procuring commodities or services under this Agreement. (j) The Sub -Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes. (k) The Sub -Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b), Florida Statutes. (I) For each subcontract, the Sub -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, Florida Statutes. Additionally, the Sub -Recipient shall comply with the requirements of 2 C.F.R. §200.321 ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms"). (m) FEMA has created a Checklist for Reviewing Procurements under Grants by States, local and tribal governments, Institutions of Higher Education, Hospitals, and private non-profit organizations - 2 C.F.R. pt. 200. Revised on 11/21/18. It is available at httos://www.fema.gov/media-librarv- data/1569959172327-92358d63e00d17639d5db4de015184c9/PDAT ProcurementChecklist 11-21- 2018.pdf (14) ATTACHMENTS AND EXHIBITS (a) All attachments to this Agreement are incorporated as if set out fully. 28 (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 — Audit Requirements Exhibit 2— Funding Sources Exhibit 3— Single Audits Attachment A — Scope of Work Attachment A (1) — Allowable Costs and Eligible Activities — Budget Directions Attachment A (2) — Proposed Budget Detail Worksheet Attachment A (3) — Quarterly Reports Attachment B — Justification of Advance Payment Attachment C — Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Attachment D — Warranties and Representations Attachment E — Statement of Assurances Attachment F — Mandatory Contract Provisions Attachment G — Reporting Forms (15) NOTICE OF CONTACT (a) In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub -recipient. All notices provided by Sub -recipient under or pursuant to this Agreement shall be in writing to Division's Grant Manager and delivered by standard or electronic mail using the correct information provided in Subparagraph 15(b) below. (b) The name and address of Division's Grant Manager for this Agreement is: Contractual Point of Contact Rebekah C. Kuczwanski Florida Division of Emergency Management 2555 Shumard Oak Blvd., Suite 330F Tallahassee, FL 32399-2100 (850) 815-4419 Rebekah.Kuczwanski@em.myflorida.com 29 (c) The name and address of Division's Program Manager for this Agreement is: Programmatic Point of Contact Karla Brown Florida Division of Emergency Management 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 815-4357 Naytoyla.Brown@em.myflorida.com (d) The name and address of Representative of the Sub -recipient responsible for the administration of this Agreement is: Name: Erin Baskins Title: Address: 4225 43rd Avenue Vero Beach, Florida 32967 Phone: (772) 226-3859 Email: ebaskins@ircgov.com (e) 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 to the other party. (16) PAYMENTS (a) Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. 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 B. Justification of Advance (Attachment B) 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. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. (b) Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within 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 Sub -Recipient's quarterly reporting as referenced in Paragraph (5) REPORTS of this Agreement. 30 (c) 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 Paragraph (4) FUNDING CONSIDERATION of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub -Recipient shall submit its closeout report within 30 days of receiving notice from the Division. (17) REPAYMENTS (a) 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 (b) In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Sub -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. (18) MANDATED CONDITIONS AND OTHER LAWS (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 Sub -Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with 30 days written notice to the Sub -Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub -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) The Sub -Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. 31 (e) 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. (f) Any Sub -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: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; ii. 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; iii. 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 (18)(f)(ii) of this certification; and, iv. 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. (g) If the Sub -Recipient is unable to certify to any of the statements in this certification, then the Sub -Recipient shall attach an explanation to this Agreement. (h) In addition, the Sub -Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment C) for each intended subcontractor which Sub -Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub -Recipient enters into a contract with any subcontractor. (i) The Division reserves the right to unilaterally cancel this Agreement if the Sub -Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub -Recipient created or received under this Agreement. (i) If the Sub -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. 32 (k) 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 Sub -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. (I) Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. (m) The Division may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5),Florida Statutes., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (19) FEDERAL REQUIREMENTS PERTAINING TO LOBBYING (a) 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. (b) Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." (c) 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. (d) The Sub -Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub -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. ii. 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, 33 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 Sub -Recipient shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities." iii. The Sub -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 Sub -Recipients shall certify and disclose. iv. 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 Tess than $10,000 and not more than $100,000 for each such failure. (20) COPYRIGHT, PATENT, AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB- RECIPIENT TO THE STATE OF FLORIDA. (a) If the Sub -Recipient has a pre-existing patent or copyright, the Sub -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 Sub -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 Sub -Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub -Recipient to the State of Florida. (c) Within 30 days of execution of this Agreement, the Sub -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 Sub -Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such 34 property exists. The Division shall then, under Paragraph (20)(b), have the right to all patents and copyrights which accrue during performance of the Agreement. (d) If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub - Recipient shall become the sole property of the Sub -Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully - paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida government purposes. (21) LEGAL AUTHORIZATION (a) The Sub -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 Sub -Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub -Recipient to the terms of this Agreement. (22) ASSURANCES (a) The Sub -Recipient shall comply with any Statement of Assurances incorporated as Attachment E. (23) RECORDS (a) As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub -Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. (b) As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub -Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. (c) As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes) and by 2 C.F.R. §200.333, the Sub -Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or 35 consultants paid from funds under this Agreement, for a period of 5 years from the date of submission of the final expenditure report. The following are the only exceptions to the 5 -year requirement: i. If any litigation, claim, or audit is started before the expiration of the 5 -year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Sub -Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the 5 -year retention requirement is not applicable to the Sub -Recipient. v. Records for program income transactions after the period of performance. In some cases, recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non -Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). vii. (d) In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub -Recipient when it determines that the records possess long-term retention value. (e) In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub -Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. (f) As required by 2 C.F.R. §200.303, the Sub -Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub -Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. (g) Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable 36 notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub -Recipient based upon the funds provided under this Agreement, the meetings of the Sub - Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. 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, Florida Statutes. (h) Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. (i) The Sub -Recipient shall maintain all records for the Sub -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 Proposed Budget Detail Worksheet (Attachment A (2)) and Scope of Work (Attachment A) and all other applicable laws and regulations. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. 37 (24) TERMS AND CONDITIONS (a) This Agreement contains all the terms and conditions agreed upon by the parties. (25) EXECUTION (a) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (26) MODIFICATION (a) Either Party may request modification of the provisions of this agreement. Modifications of provisions of this Agreement are valid only when reduced to writing and duly signed by the Parties. (27) EQUAL OPPORTUNITY EMPLOYMENT (a) In accordance with 41 C.F.R. §60-1.4(b), the Sub -Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or 38 applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. iv. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. v. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vii. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. 39 (b) The Sub -Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. (c) The Sub -Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. (d) The Sub -Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Sub -Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub -Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub -Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (28) COPELAND ANTI -KICKBACK ACT (a) The Sub -Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 40 (29) CONTRACT WORK HOURS AND SAFETY STANDARDS (a) If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (30) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT (a) If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (31) SUSPENSION AND DEBARMENT (a) If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 41 (32) BYRD ANTI -LOBBYING AMENDMENT (a) If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. (33) CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (a) If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub -Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits which encourage participation by small and minority businesses, and women's business enterprises; v. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (i). through v. of this subparagraph. (b) The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. 42 (c) The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub - Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. (d) The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub -Recipient to break a single project down into smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). 43 STATE OF FLORIDA FLORIDA DIVISION OF EMERGENCY MANAGEMENT FEDERALLY FUNDED RECIPIENT AGREEMENT SIGNATURE PAGE IN WITNESS WHEREOF, the Parties have duly executed this Agreement as of the last date set forth below. ( SUB -RECIPIENT: By: (Name and Title) Date: 59-6000674 Federal Identification Number 079208989 DUNS Number G0071 Agreement Number STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: (Jared Moskowitz, Division Director) Date: FY 2020-2021 EMPG AGREEMENT EXHIBIT 1 — AUDIT REQUIREMENTS The administration of resources awarded by Division to the Sub -recipient may be subject to audits and/or monitoring by Division as described in this section. MONITORING Monitoring visits are performed to confirm grant requirements are being fulfilled to ensure correct and accurate documentation is being generated and to assist with any questions or concerns sub -recipients may have related to the grant. Sub -recipients will be monitored programmatically and financially by Division to ensure that all grant activities and project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. On-site monitoring visits will be performed according to Division schedules, as requested, or as needed. At minimum, sub -recipients will receive monitoring from Division once per year. If an on-site visit cannot be arranged, the sub -recipient may be asked to perform desk review monitoring. Additional monitoring visits may be conducted throughout the period of performance as part of corrective action when sub - recipients are demonstrating non-compliance. (a) The Sub -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 the Proposed Budget Detail Worksheet Attachment A(2) and Scope of Work (Attachment A) to this Agreement and reported in Quarterly Reports Attachment A(3). (b) In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub -Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. If the Division determines that a limited scope audit of the Sub -Recipient is appropriate, the Sub -Recipient agrees to comply with any additional instructions provided by the Division to the Sub -Recipient regarding such audit. The Sub -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 Sub -Recipient throughout the contract term to ensure timely completion of all tasks. 45 AUDITS The Sub -Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. In accounting for the receipt and expenditure of funds under this Agreement, the Sub -Recipient shall follow Generally Accepted. Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." When conducting an audit of the Sub -Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub -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 30 days after the Division has notified the Sub -Recipient of such non-compliance. (a) The Sub -Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified publicaccountant licensed under chapter 473." The independent auditor 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 Sub -Recipient's fiscal year. (b) The Sub -Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (c) The Sub -Recipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.qov/fac/collect/ddeindex.html (d) The Sub -Recipient shall send any management letter issued by the auditor to the Division at the following address: 46 DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 REPORTS (a) Consistent with 2 C.F.R. §200.328, the Sub -Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub -Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. (b) Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are September 30, December 31, March 31, and June 30. (c) The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Sub -Recipient shall provide additional program updates or information that may be required by the Division. (f) The Sub -Recipient shall provide additional reports and information identified in Quarterly Reports Attachment A(3). 47 FY 2020-2021 EMPG AGREEMENT EXHIBIT 2 — FUNDING SOURCES I. FEDERAL RESOURCES AWARDED TO THE SUB -RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Sub -Recipient's Name: Indian River County Sub -Recipient's unique entity identifier (DUNS): 079208989 Federal Award Identification Number (FAIN): Federal Award Date: Subaward Period of Performance Start and End Date: July 01, 2020 to June 30, 2021 Amount of Federal Funds Obligated by this Agreement: $79,635.00 Total Amount of the Federal Funds Obligated to the Sub -Recipient by the pass-through entity to include the Agreement: $79,635.00 Total Amount of the Federal Award committed to the Sub -Recipient by the pass-through entity: $79,635.00 Federal award project description (see FFATA): Section 662 of the Post -Katrina Emergency Management Reform Act of 2006 (PKEMRA), as amended, (Pub. L. No. 109-295) (6 U.S.C. § 762); the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (Pub. L. No. 93-288) (42 U.S.C. §§ 5121 et seq.); the Earthquake Hazards Reduction Act of. 1977, as amended (Pub. L. No. 95-124) (42 U.S.C. §§ 7701 et seq.); and the National Flood Insurance Act of 1968, as amended (Pub. L. No. 90-448) (42 U.S.C. §§ 4001 et seq.). Name of Federal awarding agency: Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), and Grant Program Directorate (GPD) Name of Pass -Through Entity: Florida Division of Emergency Management Contact information for the pass-through entity: Rebekah Kuczwanski (850) 815-4419 Catalog of Federal Domestic Assistance Number (CFDA): 97.042 Assistance Listings Title (Formerly Catalog of Federal Domestic Assistance (CFDA) Name: Emergency Management Performance Grant Whether the award is Research & Development: No Indirect Cost Rate for the Federal Award: 48 II. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Federal Program: Sub -recipient shall use EMPG funds to support building and maintaining a comprehensive, all -hazards emergency preparedness system in accordance with all attachments to this Agreement, applicable EMPG requirements, and eligibility requirements as set forth in the 2 C.F.R. 200, Uniform Administrative Requirements for Federal Grants, FEMA Preparedness Grants Manual (February 2020), Fiscal Year 2020 Notice of Funding Opportunity, Chapter 252, Florida Statutes, and Reference Guide for State Expenditures (2020). STATE RESOURCES AWARDED TO THE SUB -RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: N/A MATCHING RESOURCES FOR FEDERAL PROGRAMS: Federal Program: N/A SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project: N/A COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: N/A NOTE: Title 2 C.F.R. Part 200, and section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 49 FY 2020 - 2021 EMPG AGREEMENT EXHIBIT 3 — SINGLE AUDITS AUDIT COMPLIANCE CERTIFICATION Email a copy of this form within 60 days of the end open to DEMSinole Audita em.mvflorida.com. of each fiscalyear in which this was Sub -Recipient: FEIN: Sub -Recipient's Fiscal Year: Contact Name: Contact's Phone: Contact's Email: 1. Did Sub -recipient expend the State Financial Assistance, during its fiscal year, that it received under any agreement (e.g., contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between Sub -recipient and the Florida Division of Emergency Management (FDEM)? ❑Yes No If the above answer is yes, answer the following before proceeding to item. 2. Did Sub -Recipient exceed $750,000 or more of State financial assistance (from Division and all other sources of State financial assistance combined) during its fiscal year? ❑Yes No If yes, Sub -recipient certifies that it will timely comply with all applicable State single or project specific audit requirements of section 215.97(2)(i), Florida Statutes, and the applicable rules of the Department of Financial Services and the Auditor General. 2. Did Sub -recipient expend Federal awards during it fiscal year that it received under any agreement (e.g. contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between Sub -recipient and Division? ❑Yes No If the above answer is yes, answer the following before proceeding to item 2. Did Sub -Recipient exceed $750,000 or more of State financial assistance (from Division and all other sources of State financial assistance combined) during its fiscal year? ❑Yes No If yes, Sub -recipient certifies that it will timely comply with all applicable single or program — specific audit requirements of title 2 C.F.R. part 200, subpart F, as adopted and supplement by DHS at 2 C.F.R. part 200. By signing below, I certify, on behalf of Sub -recipient, that the above representations for items 1 and 2 are correct. Signature of Authorized Representative Date Printed Name of Authorized Representative Title of Authorized Representative 50 FY 2020 - 2021 EMPG AGREEMENT ATTACHMENT A — SCOPE OF WORK GENERAL POLICY Sub -recipient shall comply with the following requirements, and if applicable, ensure all contracts require compliance with the .following requirements. In carrying out this Agreement, Sub -recipient shall provide all necessary personnel, materials, services, and facilities, except otherwise provided herein, to carry out the program. Sub -recipient shall designate an individual, referred to by Division as the Grant Manager, who will be responsible for ensuring that the following activities are adhered to: • Planning; • Organization; • Equipment; • Training; • Exercise; and • Management and Administration The intent of the EMPG Base Grant Agreement is to provide each county with the means to successfully manage and operate an Emergency Management Program by enhancing county emergency management plans and programs that are consistent with the State and Local Comprehensive Emergency Management Plans and Chapter 252, Florida Statutes. II. SUB -RECIPIENT RESPONSIBILITIES Sub -recipient shall support efforts to build and sustain core capabilities across the Prevention, Protection, Mitigation, Response, and Recovery mission areas described in the National Preparedness Goal. Counties must be able to prepare for, respond to, recover from, and mitigate against natural and man- made disasters/emergencies. Each Emergency Management staff person must work the number hours and assume the responsibilities for the duties in their official position description as well as provide the coordination and support for all incidents within their jurisdiction. TASKS AND DELIVERABLES: The Sub -Recipient must successfully complete the following tasks and deliverables throughout the period of performance. Quarterly Tasks (Form1 B) will need to be provided each quarter to show completion or progress towards the completion of each task. Quarterly deliverables must be submitted to the Grant Manager's email address provided in Subparagraph 16(b) as stated in the scope of work. The Sub - Recipient must also provide a certification of completion on the deliverable checklist. TASK 1: MATCH A. QUARTERLY MATCH The EMPG agreement has a 50% Federal and 50% Local match requirement. Unless otherwise authorized by law, Federal funds cannot be matched with other Federal funds. To meet matching requirements, the Sub -recipient contributions must be reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations. DELIVERABLES • Provide Quarterly Match Form 3A to identify the non-federal match amount; • Supporting documentation is required if the federal obligation exceeds the EMPA award amount or you are using local funds to satisfy the match requirement. If using EMPA as match, no additional supporting documentation is required; Reporting Requirements (Quarters 1,2,3, and 4). Supporting Documentation: invoices, receipts, paystubs, certified timesheets, earning statements, cancelled checks, credit card statements, bank statements for proof of payment at least equal to the amount of reimbursement requested for that quarter. 51 TASK 2: BUILDING AND SUSTAINING CORE CAPABILITIES A. NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) IMPLEMENTATION In accordance with the (HSPD)-5, Management of Domestic Incidents, the adoption of the National Incident Management System (NIMS) is a requirement to receive Federal preparedness assistance through grants, contracts, and other activities. NIMS provides a common approach to state and national response that enables responders at all levels to work together more effectively to manage domestic incidents a core set of guidelines, standards, and protocols for command and management, preparedness, and communications in emergency situations. All Sub -recipients must certify that they are NIMS compliant or working towards compliance and will furnish documentation upon request. All Sub -recipients are required to complete and submit the NIMS Data Collection Worksheet _Local compliance annually. DELIVERABLES • Provide the 2020 NIMS compliance notices will be reported by using the spreadsheet provided by FEMA in the month of September. The Submission will be submitted electronically to the Bureau Chief of Preparedness; Reporting Requirements (Quarter 2). Supporting Documentation: The NIMS Data Collection Worksheet_ Local. B. LOGISTICS PLANNING — DISTRIBUTION MANAGEMENT PLAN Continuing the requirement from 2019, counties will begin an update of its' Logistics Plan, a component to their existing Local Comprehensive Emergency Management Plan (CEMP). The Logistics plan, for this agreement cycle, should focus on the distribution of commodities and supplies such as food, water, generators, and tarps to survivors following a disaster. Section 252.35 (2)(g), Florida Statutes, requires the Department to: • Ascertain the requirements of the state and its political subdivisions for supplies and equipment of all kinds in the event of a disaster; and • Plan for and either procure supplies, medicines, materials, and equipment or enter into memoranda of agreement or open purchase orders that will ensure their availability. Completion of this requirement ensures statewide resource requirements are identified. DELIVERABLES • Provide the updated Logistics Plan Component addressing the following: • Resource Ordering • Distribution Methods • Inventory Management • Staging areas • Transportation • Demobilization Reporting Requirements (Quarter 4). 1 TASK 3: VALIDATING CAPABILITIES A. MULTI-YEAR TRAINING AND EXERCISE (MYTEP) The Sub -Recipient shall develop and maintain a Multi -Year Training Exercise Plan (MYTEP) that identifies a combination of exercises and associated training requirements that address priorities and 52 build gaps identified in the Training and Exercise Plan Workshop (TEPW) and builds from training gaps identified in the county assessment process. The MYTEP is designed to consolidate the training and exercise that will be undertaken by any and all stakeholders within the State of Florida in an effort to maximize opportunities to coordinate, collaborate, and improve effectiveness of each stakeholder's (the Whole Community) capacity/capability when responding or assisting in the response to, recovery from, and mitigation of impacts from any of the "All Hazards" threats. Training and exercises play a crucial role in this strategy, providing the State with a means of attaining, practicing, validating, and improving core capabilities. DELIVERABLES • Provide the percentage of completed training and exercise activities listed on the current MYTEP; Reporting Requirements (Quarters 1,2,3, and 4); • The County 2022-2024 MYTEP by February 1, 2021; Reporting Requirements (Quarter 3). B. TRAINING AND EXERCISE Training and Exercise activities must enhance the capabilities of emergency management personnel, including establishing, supporting, conducting, and attending training deliveries. Training activities should align to a current, MYTEP developed through an annual (TEPW) and should reflect efforts to address training capabilities gaps. In addition to training activities aligned to and addressed in the Training and Exercise Plan (TEP), all EMPG funded personnel must complete the following training requirements and record proof of completion: • NIMS Training, Independent Study (IS) -100 (any version), IS -200 (any version), IS - 700 (any version), and IS -800 (any version), and Professional Development Series (PDS); or Emergency Management Professionals Program (EMPP) Basic Academy. Exercises play a vital role in national preparedness by enables whole community stakeholders to test and validate plans and capabilities and identify both capability gaps and areas for improvement. Exercises also test capabilities, familiarize emergency management personnel with role and responsibilities, foster meaningful interaction and communication across organizations. Exercises bring together and strengthen the whole community in its efforts to prevent, protect against, mitigate, respond to, and recover from all hazards. DELIVERABLES • The Division Form 4 - Staffing Detail for all funded EMPG personnel; • Training transcripts for funded EMPG personnel listed on the Division Form 4 — Staffing Detail. If certificates are uploaded into SERT TRAC, Grant Manager will request a copy of the transcript from the Training and Exercise Unit (T&E); • Provide sign in sheet or certificate or participation in at least three (3) exercises for funded EMPG personnel during the period of performance Reporting Requirements (Quarters 1,2,3, and 4) NOTE: Additional course completion documentation is required only if; new personnel are listed on the Staffing Detail Form. Reference: FEMA Preparedness Grants Manual - Program Appendix H 53 FY 2020-2021 EMPG AGREEMENT ATTACHMENT A (1) ALLOWABE COSTS AND ELIGIBLE ACTIVITIES — BUDGET DIRECTIONS I. CATEGORIES AND ELIGIBLE ACTIVITIES The 2020 EMPG Funding Guidance allowable costs are divided into the following categories: Planning, Organization, Equipment, Training, Exercise, and Management and Administration. A. PLANNING Planning spans all five National Preparedness Goal (the Goal) mission areas and provides a baseline for determining potential threats and hazards, required capabilities, required resources, and establishes a framework for roles and responsibilities. Planning provides a methodical way to engage the whole community in the development of a strategic, operational, and/or community-based approach to preparedness. Plans should have prior review and approval from the respective DEM state program. Funds may not be reimbursed for any plans that are not approved. EMPG Program funds may be used to develop or enhance emergency management planning activities. Some examples include, but not limited to: • Emergency Operation Plans/ Local Comprehensive Emergency Management Planning • Communications Plans • Administrative Plans • Whole Community Engagement/Planning • Resource Management Planning • Sheltering and Evacuation Planning • Recovery Planning • Continuity Plans Planning Costs Supporting Documentation: • Copies of completed plan, contracts, Memorandum of Understanding or agreements with consultants or sub -contractors providing services and documenting hours worked and proof employee was paid (paystubs, earning statements, payroll expenditure reports). • Copies of invoices, receipts and cancelled checks, credit card statements, bank statements for proof of payment. Reference: FEMA Preparedness Manual Program Appendix H B. ORGANIZATION EMPG Program funds may be used for all -hazards emergency management operations, staffing, and other day-to-day activities in support of emergency management. Personnel costs, including salary, overtime and backfill, compensatory time off, and associated fringe benefits are allowable costs with EMPG Program funds. These costs must comply with 2 C.F.R. Part 200, Subpart E — Cost Principles. Eligible "Organization Cost" items include, but are not limited to: • Salaries and Fringe Benefits • Copies of certified timesheets with employee and supervisor signature documenting hours worked or Division Form 6 - Time and Effort and proof employee was paid (paystubs, earning statements, and payroll expenditure reports). • Position descriptions for funded EMPG personnel and any position being used as match; • Utilities (electric, water and sewage) 54 • Service/Maintenance agreements (provide vendor debarment and service agreement for contractual services) • Office Supplies/Materials • IT Software Upgrades • Memberships • Publications • Postage • Storage • Other Personnel/Contractual Services • Reimbursement for services by a person(s) who is not a regular or full-time employee filling established positions. This includes but is not limited to temporary employees, student or graduate assistants, fellowships, part time academic employment, board members, consultants, and other services. ■ Consultant Services require a pre -approved Contract or purchase order by the Division. Copies of additional quotes should also be supplied when requesting pre -approval. These requests should be sent to the grant manager for the Division for review. • Maintenance and Enhancement • Major repairs to the County Emergency Operations Center (Need prior EHP approval) • Central Heat/Air (Need prior EHP approval) • Out buildings for storage of Emergency Management Equipment (Need prior EHP approval) • Security Improvements (i.e. Cameras and equipment to operate) • Generators and Installation (Need prior EHP approval) Maintenance and Sustainment: The use of FEMA preparedness grant funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable under all active grant awards, unless otherwise noted. EMPG Program grant funds are intended to support the Goal and fund activities and projects that build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the Nation. In order to provide Sub -Recipients the ability to meet this objective, the policy set forth in GPD's IB 379 (Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding) allows for the expansion of eligible maintenance and sustainment costs, which must be in: (1) direct support of existing capabilities; (2) must be an otherwise allowable expenditure under the applicable grant program; (3) be tied to one of the core capabilities in the five mission areas contained within the Goal, and (4) shareable through the EMAC. Additionally, eligible costs may also be in support of equipment, training, and critical resources that have previously been purchased with either federal grant funding or any other source of funding other than DHS/FEMA preparedness grant program dollars. Additional guidance is provided in FEMA Policy FP 205-402-125-1, Maintenance Contracts and Warranty Coverage Funded by Preparedness Grants, located at: http://www.fema.gov/media-library/assets/documents/32474. Organization Costs Supporting Documentation If the recipient seeks reimbursement for operational activities, then the following shall be submitted: • For salaries, provide copies of certified timesheets with employee and supervisor signature documenting hours worked or Division Form 6 - Time and Effort and proof employee was paid (paystubs, earning statements, payroll expenditure reports). • Expense items need to have copies of invoices, receipts and cancelled checks, credit card statements, bank statements for proof of payment. All documentation for reimbursement amounts must be clearly visible and defined (i.e., highlighted, underlined, circled on the required supporting documentation). 55 The Quarterly Tasks (Form 1 B) is due every quarter with the quarterly financial report. This is to identify emergency management personnel, all EMPG funded employees and the completion of the required tasks and deliverables as outlined in the scope of work during the agreement period. Reference: FEMA Preparedness Manual Program Appendix H C. EQUIPMENT Allowable equipment categories for the EMPG Program are listed on the web -based version of the Authorized Equipment List (AEL) at https://www.fema.gov/authorized-equipment-list. Unless otherwise stated, equipment must meet all mandatory regulatory and/or FEMA -adopted standards to be eligible for purchase using these funds. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Allowable equipment includes equipment from the following AEL categories: • Personal Protective Equipment (PPE) (Category 1) • Information Technology (Category 4) • Cybersecurity Enhancement Equipment (Category 5) • Interoperable. Communications Equipment (Category 6) • Detection Equipment (Category 7) • Power Equipment (Category 10) • Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials (Category 11) • CBRNE Incident Response Vehicles (Category 12) • Physical Security Enhancement Equipment (Category 14) • CBRNE Logistical Support Equipment (Category 19) • Other Authorized Equipment (Category 21) In addition to the above, general purpose vehicles can be procured in order to carry out the responsibilities of the EMPG Program. If Sub -Recipients have questions concerning the eligibility of equipment not specifically addressed in the AEL, they should contact their Grant Manager for clarification. Sub -Recipients should analyze the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technical advances. Large equipment purchases must be identified and explained. For more information regarding property management standards for equipment, please reference 2 C.F.R. Part 200, including 2 C.F.R. §§ 200.310, 200.313, and 200.316. Requirements for Small Unmanned Aircraft System All requests to purchase Small Unmanned Aircraft System (SUAS) must comply with Information Bulletin (IB) 426 and must include the policies and procedures in place to safeguard individuals' privacy, civil rights, and civil liberties in the jurisdiction that will purchase, take title to, or otherwise use the SUAS equipment. Funding for Critical Emergency Supplies Critical emergency supplies—such as shelf stable products, water, and basic medical supplies—are an allowable expense under EMPG. DHS/FEMA must approve a state's five-year viable inventory management plan prior to allocating grant funds for stockpiling purposes. The five-year plan should include a distribution strategy and related sustainment costs if the grant expenditure is over $100,000. Equipment Acquisition Costs Supporting Documentation • Provide copies of invoices, receipts and cancelled checks, credit card statements, bank statements for proof of payment. • Provide the Authorized Equipment List (AEL) # for each equipment purchase. 56 Unauthorized Equipment - Related Costs • Unallowable Equipment: Grant funds must comply with IB 426 and may not be used for the purchase of the following equipment: firearms, ammunition, grenade launchers, bayonets, or weaponized aircraft, vessels, or vehicles of any kind with weapons installed. • Expenditures for weapons systems and ammunition. Reference: FEMA Preparedness Manual Program Appendix H D. TRAINING EMPG Training funds may be used for a range of emergency management -related training activities to enhance the capabilities of local emergency management personnel through the establishment, support, conduct, and attendance of training. Training activities should align to a current MYTEP developed through an annual Training and Exercise Planning Workshop (TEPW). Training should foster the development of a community -oriented approach to emergency management that emphasizes engagement at the community level, strengthens best practices, and provides a path toward building sustainable resilience. All EMPG-funded personnel are expected to be trained emergency managers. In addition to training activities aligned to and addressed in the TEP, all EMPG -funded personnel (including full- and part-time state, local, tribal, and territorial (SLTT) recipients and Sub -recipients) shall complete the following training requirements and record proof of completion: (1) NIMS Training, Independent Study (IS) -100 (any version), IS -200 (any version), IS -700 (any version), and IS -800 (any version) AND; (2) Professional Development Series (PDS) OR the Emergency Management Professionals Program (EMPP) Basic Academy listed in the chart below. Professional Development Series or Basic Academy PDS Professional Development Series ORIS Basic Academy Basic Academy Pre -requisites and Courses IS -120.a An Introduction to Exercises IS -100 (any version) Introduction to the Incident Command System IS -230.d Fundamentals of Emergency Management IS -700 (any version) National Incident Management System (NIMS)-An Introduction IS -235.b Emergency Planning IS -800 (any version) National Response Framework, An Introduction IS -240.b Leadership and Influence -230.d Fundamentals of Emergency Management IS -241.b Decision Making and Problem Solving E/L101 Foundations of Emergency Management IS -242.b Effective Communication E/L102 Science of Disasters IS -244.b Developing and Managing Volunteers E/L103 Planning Emergency Operations L-146 HEEP E/L105 Public Information & Warning Additional types of training or training related activities include, but are not limited to, the following: • Developing/enhancing systems to monitor training programs • Conducting all hazards emergency management training • Attending Emergency Management Institute (EMI) training or delivering EMI train -the -trainer courses 57 • Attending other FEMA -approved emergency management training • State -approved, locally sponsored CERT training • Mass evacuation training at local, state, and tribal levels For training, the number of participants must be a minimum of 15 in order to justify the cost of holding a course. For questions regarding adequate number of participants, please contact the Division State Training Officer for course specific guidance. Unless the recipient receives advance written approval from the State Training Officer for the number of participants, then the Division must reduce the amount authorized for reimbursement on a pro -rata basis for any training with less than 15 participants. When conducting an exercise that shall include meals for the attendees, the recipient shall submit a request for approval to the Division no later than 25 days prior to the event to allow for both the Division and the Department of Financial Services to review. The request for meals must be submitted on letterhead and must include the date of exercise, agenda, number of attendees, and costs of meals. Allowable training -related costs include the following: • Develop, Deliver, and Evaluate Training. This includes costs related to administering the training: planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment. Training should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Any training or training gaps, including those for children and individuals with disabilities or access and functional needs, should be identified in the Multi -Year TEP and addressed in the training cycle. States are encouraged to use existing training rather than developing new courses. When developing new courses states are encouraged to apply the Analyze, Design, Develop, Implement and Evaluate (ADDIE) model for instruction design. • 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 FEMA, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. • Travel. Travel costs (e.g., airfare, mileage, per diem, and hotel) are allowable as expenses by employees who are on travel status for official business related to approved training. • Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part-time staff or contractors/consultants may be hired to support direct training -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state or FEMA, whichever is applicable. • Certification/Recertification of Instructors. Costs associated with the certification and re- certification of instructors are allowed. States are encouraged to follow the FEMA Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses which involve training of trainers. Conferences The Division recognizes the important role that conferences can play in the professional development of emergency managers. 2 C.F.R. §200.432 defines the term conference as "a meeting, retreat, seminar, symposium, workshop or event whose primary purpose is the dissemination of technical information beyond the non -Federal entity and is necessary and reasonable for successful performance under the Federal award." Rule 691-42.002(3), Florida Administrative Code, defines the term conference as: The coming together of persons with a common interest or interests for the purpose of deliberation, interchange of views, or for the removal of differences or disputes and for discussion 58 of their common problems and interests. The term also includes similar meetings such as seminars and workshops which are large formal group meetings that are programmed and supervised to accomplish intensive research, study, discussion, and work in some specific field or on a governmental problem or problems. A conference does not mean the coming together of agency or interagency personnel. For travel to a conference or convention to qualify for reimbursement, the cost must be reasonable and attendance at the conference must be necessary for the successful completion of a task required by this Agreement. Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, travel to a conference that complies with the requirements of Rule 691-42.004, Florida Administrative Code, satisfies the minimum level of service for conference travel under this Agreement. In pertinent part, Rule 691-42.004(1), Florida Administrative Code, states "No public funds shall be expended for attendance at conferences or conventions unless: • The main purpose of the conference or convention is in connection with the official business of the state and directly related to the performance of the statutory duties and responsibilities of the agency participating; • The activity provides a direct educational or other benefit supporting the work and public purpose of the person attending; • The duties and responsibilities of the traveler attending such meetings are compatible with the objectives of the conference or convention; and • The request for payment of travel expenses is otherwise in compliance with these rules. Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, and provided any related travel complies with the requirements of Rule 691-42.004, Florida Administrative Code, conferences may qualify for reimbursement under this Agreement: Requests for reimbursement for payment of the registration fee or for a conference or convention must include: • A statement explaining how the expense directly relates to the Recipient's successful performance of a task outlined in this Agreement; • A copy of those pages of the agenda that itemizes the registration fee; • A copy of local travel policy; and, • A copy of the travel voucher or a statement that no travel costs were incurred, if applicable. When a meal is included in a registration fee, the meal allowance must be deducted from the reimbursement claim, even if the traveler decides for personal reasons not to eat the meal. See section 112.061(6)(c), Florida Statutes ("No one, whether traveling out of or in state, shall be reimbursed for any meal or lodging included in a convention or conference registration fee paid by the state"). A continental breakfast is considered a meal and must be deducted if included in a registration fee for a convention or conference. However, in the case where a meal is provided by a hotel or airline, the traveler shall be allowed to claim the meal allowance provided by law. Class A, Class B, and Class C Travel: • Class A travel is continuous travel of 24 hours or more away from official headquarters. The travel day for Class A is based on a calendar day (midnight to midnight). • Class B travel is continuous travel of less than 24 hours which involves overnight absence away from official headquarters. The travel day for Class B travel begins at the same time as the travel period. • Class C travel is short or day trips in which the traveler is not away from his/her official headquarters overnight. Class C allowances are currently not authorized for reimbursement. 59 Meal Allowance and Per Diem: .Section 112.061(6)(b), Florida Statutes, establishes the meal allowance for each meal during a travel period as follows: $6 for breakfast (when travel begins before 6 a.m. and extends beyond 8 a.m.); $11 for lunch (when travel begins before 12 noon and extends beyond 2 p.m.); $19 for dinner (When travel begins before 6 p.m. and extends beyond 8 p.m. or when travel occurs during nighttime hours due to special assignment.). Section 112.061(a), Florida Statutes, establishes the per diem amounts. All travelers are allowed: The authorized per diem for each day of travel; or, If actual expenses exceed the allowable per diem, the amount allowed for meals as provided in s. 112.061(6) (b), F.S., plus actual expenses for lodging at a single occupancy rate. Per diem shall be calculated using four six -hour periods (quarters) beginning at midnight for Class A or when travel begins for Class B travel. Travelers may only switch from actual to per diem while on Class A travel on a midnight to midnight basis. A traveler on Class A or B travel who elects to be reimbursed on a per diem basis is allowed $20.00 for each quarter from the time of departure until the time of return. Reimbursement for Meal Allowances That Exceed the State Rates The Division shall not reimburse for any meal allowance that exceeds $6 for breakfast, $11 for lunch, or $19 for dinner unless: • For counties — the requirements of section 112.061(14), Florida Statutes, are satisfied; • The costs do not exceed charges normally allowed by the Recipient in its regular operations as the result of the Recipient's written travel policy (in other words, the reimbursement rates apply uniformly to all travel by the Recipient); and, • The costs do not exceed the reimbursement rates established by the United States General Services Administration ("GSA") for that locale (see https://www.gsa.gov/portal/content/104877). Hotel Accommodations • A traveler may not claim per diem or lodging reimbursement for overnight travel within 50 miles (one-way) of his or her headquarters or residence unless the circumstances necessitating the overnight stay are fully explained by the traveler and approved by the Division. • Absent prior approval from the Division, the cost of any hotel accommodation shall not exceed $150 per night. Training Costs Supporting Documentation • Copies of contracts or agreements with consultants providing services; • Copies of invoices, receipts and cancelled checks, credit card statements and bank statements for proof of payment. • Copies of the agenda, certificates and/or sign in sheets (if using prepopulated sign in sheets they must be certified by the Emergency Management Director or Lead Instructor verifying attendance). For travel and conferences related to EMPG activities: • Copies of all receipts must be submitted (i.e., airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.) Receipts must be itemized and match the dates of travel/conference; • Copies of Conferences must be providing an agenda. Proof of payment is also required for all travel and conferences. If the Sub -Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub -Recipient must provide documentation that: The costs are reasonable and do not exceed charges normally allowed by the Sub -Recipient in its regular 60 operations as a result of the Sub -Recipient's written travel policy; and participation of the individual in the travel is necessary to the Federal award. Reference: FEMA Preparedness Manual Program Appendix H E. EXERCISES Exercises conducted with grant funds should test and evaluate performance towards meeting capability targets established in a jurisdiction's THIRA for the core capabilities needed to address its greatest risks. Exercise priorities should align to a current, Multi -Year Training and Exercise Plan (MYTEP) developed through an annual Training and Exercise Planning Workshop (TEPW). Allowable Exercise -Related Costs • Design, Develop, Conduct and Evaluate an Exercise. This includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. Sub -Recipients are encouraged to use free public space/locations/facilities, whenever available, prior to the rental of space/locations/facilities. Exercises should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Gaps identified during an exercise including those for children and individuals with disabilities or access and functional needs, should be identified in the AAR/IP and addressed in the exercise cycle. • Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part—time staff may be hired to support direct exercise activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state or FEMA, whichever is applicable. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of exercises. • Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of time spent on the design, development and conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local. government and has the approval of the state or FEMA, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. • Travel. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise activities. • Supplies. Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise activities (e.g., gloves, non-sterile masks, and disposable protective equipment). • Other Items. These costs are limited to items consumed in direct support of exercise activities such as the rental of space/locations for planning and conducting an exercise, rental of equipment, and the procurement of other essential nondurable goods. Sub -Recipients are encouraged to use free public space/locations, whenever available, prior to the rental of space/locations. Costs associated with inclusive practices and the provision of reasonable accommodations and modifications that facilitate full access for children and adults with disabilities are allowable. When conducting an exercise that shall include meals for the attendees, the recipient shall submit a request for approval to the Division no later than twenty-five (25) days prior to the event to allow for both the Division and the Department of Financial Services to review. The request for meals must be submitted on letterhead and must include the date of exercise, agenda, number of attendees, and costs of meals. Unauthorized Exercise - Related Costs • Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). The only vehicle costs that are reimbursable are fuel/gasoline or mileage; 61 • Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct (e.g., electronic messaging signs); • Durable and non -durable goods purchased for installation and/or use beyond the scope of exercise conduct. Exercise Costs Supporting Documentation • . Copies of contracts, MOUs or agreements with consultants or sub -contractors providing services; • Copies of invoices, receipts and cancelled checks, credit card statements and bank statements for proof of payment; • Copies of Exercise Plan (EXPLAN), After -Action Report/Improvement Plan (AAR/IP) and sign in sheets for conducted exercises (if using prepopulated sign in sheets they must: be certified by the Emergency Management Director or Lead Exercise Planner verifying attendance). Reference: FEMA Preparedness Manual Program Appendix H F. MANAGEMENT AND ADMINSTRATIVE (M&A) M&A activities are those defined as directly relating to the management and administration of EMPG Program funds, such as financial management and monitoring. It should be noted that salaries of state and local emergency managers are not typically categorized as M&A, unless the state or local EMA chooses to assign personnel to specific M&A activities. Management and Administrative Costs Supporting Documentation • Copies of certified timesheets with employee and supervisor signature documenting hours worked or Division Form 6 - Time and Effort and proof employee was paid (paystubs, earning statements, and payroll expenditure reports); • Costs for M&A activities are allowed up to 5% of the total award amount. II. _OTHER CRITICAL INFORMATION A. INDIRECT COSTS Indirect cost is allowable under this program as described in 2 C.F.R. Part 200, including 2 C.F.R. § 200.414.Sub-recipients with a negotiated cost rate agreement that desire to charge indirect costs to an award must provide a fully executed copy of their negotiated indirect cost rate agreement at the time of application. Sub -recipients that are not required by 2 C.F.R. Part 200 to have a negotiated indirect cost rate agreement but are required by 2 C.F.R. Part 200 to develop an indirect cost rate proposal must provide a copy of their proposal at time of application. Post -award requests to charge indirect cost will be considered on case-by-case basis and based upon the submission of an agreement or proposal. B. ENVIRONMENTAL PLANNING AND HISTORIC PRESRVATION (EHP) COMPLIANCE As a federal agency, FEMA is required to consider the effects of its actions on the environment and/or historic properties to ensure that all activities and programs funded by the agency, including grants - funded projects, comply with federal. EHP regulations, laws and Executive Orders as applicable. Sub - Recipients proposing protects that have the potential to impact the environment, including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities, must participate in the FEMA EHP review process. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so that FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. In some cases, FEMA also is required to consult with other regulatory agencies and the public in order to complete the review process. The EHP review process must be completed and approved before funds are released to carry out the proposed project. FEMA will not fund projects that are initiated without the required EHP review. 62 Additionally, all Sub -Recipients are required to comply with DHS/FEMA EHP Policy Guidance, FEMA Policy #108-023-1. The EHP screening form is located https://www.fema.gov/media- Preparedness Grants Manual I April 2019 Page 19 library/assets/documents/90195 and further EHP guidance can be found at https://www.fema.gov/media- library/assets/documents/118323. C. CONSTRUCTION AND RENOVATION Construction and renovation projects for a state, local, territorial, or Tribal government's principal Emergency Operations Center (EOC) as defined by the State Administrative Agency are allowable under the EMPG Program. Written approval must be provided by FEMA prior to the use of any EMPG Program funds for construction or renovation. Requests for EMPG Program funds for construction of an EOC must be accompanied by an EOC Investment Justification (located in the Related Documents tab of the EMPG grants.gov posting) to their Regional EMPG Manager for review. Additionally, recipients are required to submit a SF -424C Form and Budget detail citing the project costs. When applying for funds to construct communication towers Sub -Recipients must submit evidence that the Federal Communication Commission's (FCC) Section 106 review process has been completed and submit all documentation resulting from that review to Grants Program Directorate (GPD) prior to submitting materials for EHP review. Sub -Recipients are also encouraged to have completed as many steps as possible for a successful EHP review in support of their proposal for funding (e.g., coordination with their State Historic Preservation Office to identify potential historic preservation issues and to discuss the potential for project effects, compliance with all state and EHP laws and requirements). Projects for which the Sub -Recipient believes an Environmental Assessment (EA) may be needed, as defined in as defined in DHS Instruction Manual 023-01-001-01, Revision 01, FEMA Directive 108-1 and FEMA Instruction 108-1-1, must also be identified to the FEMA EMPG Regional Program Manager within six months of the award, and completed EHP review materials must be submitted no later than 12 months before the end of the period of performance. EHP review packets should be sent to gpdehpinfo@fema.gov. EMPG Program Sub -Recipients using funds for construction projects must comply with the Davis -Bacon Act (40 U.S.C. §§ 3141 et seq.). Grant Sub -Recipients must ensure that their contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the state in which the work is to be performed. Additional information regarding compliance with the Davis - Bacon Act, including Department of Labor (DOL) wage determinations, is available from the following website: https://www.dol.gov/whd/govcontracts/dbra.htm In general, Sub -Recipients should consult with their Grant Manager prior to making any investment that does not clearly meet the allowable expense criteria established in this Guidance. D. PROCUREMENT All Procurement transactions will be conducted in a manner providing full and open competition and shall comply with the standards articulated in: • 2 C.F.R. Part 200; • Chapter 287, Florida Statues; and, • Any local procurement policy. Per 2 CFR 200.318 through 200.326, Sub -recipients are required to adhere to certain procurement standards for entering contracts for personnel or services. This includes full and open competition, methods of procurement to follow, federal or passthrough entity review, and including federal provisions intro contracts. 63 E. FINANCIAL CONSEQUENCES Actions to Address Noncompliance: Non-federal entities receiving financial assistance from FEMA are required to comply with requirements in the terms and conditions of their awards or subawards, including the terms set forth in applicable federal statutes, regulations, NOFOs, policies, and this Manual. Throughout the award lifecycle or even after an award has been closed, FEMA or the pass-through entity may discover potential or actual noncompliance on the part of a recipient or subrecipient. This potential or actual noncompliance maybe discovered through routine monitoring, audits, closeout, or reporting from various sources. In the case of any potential or actual noncompliance, the Division may place special conditions on an award per 2 C.F.R. §§ 200.207 and 200.338, the Division may place a hold on funds until the matter is corrected, or additionalinformation is provided per 2 C.F.R. § 200.338, or it may do both. In the event the noncompliance is not able to be corrected by imposing additional conditions or if the recipient or subrecipient refuses to correct the matter, the Division may use other remedies allowed under 2 C.F.R. § 200.338. These remedies include actions to disallow costs, recover funds, wholly or partly suspend, or terminate the award, initiate suspension and debarment proceedings, withhold further federal awards, or take other actions that may be legally available. Reference: (1) FEMA Preparedness Manual Program Actions to Address Noncompliance (pgs. 37- 38) and (2) 2 C.F.R. 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 64 FY 2020-2021 EMPG AGREEMENT ATTACHMENT A (2) PROPOSED PROGRAM BUDGET DETAIL WORKSHEET Funding from the Emergency Management Performance Grant (EMPG") is intended for use by the Sub - Recipient to perform eligible activities as identified in the Fiscal Year 2020 Notice of Funding Opportunity (NOFO) and must be consistent with 2 C.F.R. Part 200 and Chapter 252, Florida Statutes. The "Proposed Program Budget Detail Worksheet" serves as a guide for both the Sub -Recipient and the Division during the performance of the tasks outlined in the Scope of Work (Attachment A). Prior to execution of this Agreement, the Sub -Recipient shall complete the "Proposed Program Budget Detail Worksheet" listed below. If the Sub -Recipient fails to complete the "Proposed Program Budget Detail Worksheet", then the Division shall not execute this Agreement. After execution of this Agreement, the Sub -Recipient may change the allocation amounts in the "Proposed Program Budget Detail Worksheet." If the Sub -Recipient changes the "Proposed Program Budget Detail Worksheet", then the Sub -Recipient's quarterly report must include an updated "Proposed Program Budget Detail Worksheet" to reflect current expenditures. BUDGET SUMMARY AND EXPENDITURES SUB -RECIPIENT: INDIAN RIVER, COUNTY OF AGREEMENT: G0071 1. PLANNING $ 2. ORGANIZATION $ 3. EQUIPMENT $ 4. TRAINING $ 5. EXERCISE $ 6. MANAGEMENT AND ADMINISTRATION $ 7. TOTAL AWARD $ 79,635.00 FY 2020-2021 PROPOSED PROGRAM BUDGET DETAIL WORKSHEET - ELIGIBLE ACTIVITIES (Not limited to activities below) Allowable Planning Costs Quantity Unit Cost Total Cost Emergency Operations Plan Salaries and Fringe Benefits (Contractors and Consultants) Supplies Travel/per diem related to planning activities TOTAL PLANNING EXPENDITURES $ Allowable Organization Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits (EM Personnel) Salaries and Fringe Benefits (Contractors and Consultants) 65 Utilities (electric, water and sewage) Service/Maintenance agreements Office Supplies/Materials IT Software Upgrades Memberships Publications Postage Storage TOTAL ORGANIZATION EXPENDITURES ,$ Allowable Equipment Acquisition Costs Quantity Unit Cost Total Cost Personal protective equipment Information technology Cybersecurity enhancement equipment Interoperable communications equipment Detection Equipment Power equipment CBRNE Reference Materials CBRNE Incident Response Vehicles Physical Security Enhancement Equipment Logistics Other authorized equipment costs 21 GN-00-OCEQ - EOC Equipment & Supplies (provide description of EOC equipment & supplies) TOTAL EQUIPMENT EXPENDITURES $ Allowable Training Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits (EM Personnel) Salaries and Fringe Benefits (Contractors and Consultants) 66 Develop, Deliver Training Workshops and Conferences Certification/Recertification of Instructors Travel Supplies Overtime and Backfill TOTAL TRAINING EXPENDITURES $ Allowable Exercise Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits (EM Personnel) Salaries and Fringe Benefits (Contractors and Consultants) Design, Develop, Conduct and Evaluate an Exercise in accordance with HSEEP standards Exercise Planning Workshop Travel Supplies Overtime and Backfill TOTAL EXERCISE EXPENDITURES Allowable Management and Administration Costs (Up to 5% of total award) Quantity Unit Cost Total Cost Salaries and Fringe Benefits (EM Personnel) TOTAL MANAGEMENT AND ADMINISTRATION EXPENDITURES TOTAL EXPENDITURES $79,635.00 REVISION DATE: 67 FY 2020-2021 EMPG AGREEMENT ATTACHMENT A (3) — QUARTERLY REPORTS Sub -Recipients must provide the Division with quarterly financial reports and a final close-out report. • Quarterly financial reports are due to the Division no later than 30 days after the end of each quarter of the program year and must continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are September 30, December 31, March 31, and June 30. Reporting Period Report due to Division no later than July.1 through September. 30 October 30 October 1 through December 31 January 30 January 1 through March 31 April 30 April 1 through June 30 July 30 The Sub -Recipient shall provide the Division with full support documentation for the quarterly financial reports. A. The Quarterly. Tasks Form 1B is due with your quarterly financial report each quarter. This form identifies all Emergency Management personnel's required training completed (or working towards completion) as well as quarterly deliverables during the agreement period. The necessary reporting forms are found in Attachment G, Reporting Forms. B. The Quarterly Match Form (Form 3A) is due each quarter for Sub -Recipients to identify funds being used to match the federal obligation. If the federal obligation exceeds EMPA or using local funds supporting documentation is required. The Sub -Recipient must identify the non-federal match on Form 3A and provide supporting documentation if applicable (i.e. invoices, cancelled checks, earning statements, payroll expense reports, credit card statements, bank statements, etc.). Cost -matching requirements must be in accordance with 2 C.F.R. 200.306. To meet matching requirements, the Sub -Recipient contributions must be verifiable, reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations. C. The final Close Out report is due 60 days after termination of this Agreement. Federal funds provided under this agreement shall be matched by the Sub -Recipient dollar for dollar from non- federal funds. If the funds are being matched with EMPA and are less than the expended EMPA, no additional back-up/supporting documentation is needed. However, if your EMPG funds exceed EMPA, or if you are not using EMPA for match, the appropriate back-up/supporting documentation needs to be provided (i.e. invoices, canceled checks, earning statements, payroll expense reports, credit card statements, bank statements). 68 FY 2020-2021 EMPG AGREEMENT ATTACHMENT B JUSTIFICATION OF ADVANCE PAYMENT Indicate by checking one of the items below if you are requesting an advance. An advance payment under this Agreement is subject to section 216.181(16), Florida Statutes. NO ADVANCE PAYMENT REQUESTED Check here: Payment will be solely on a reimbursement basis. No Additional information is required. ADVANCE REQUESTED Check here: 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, and purchase supplies and equipment. Sub -recipient would not be able to operate the program without this advance. ADVANCE CALCULATION If you are requesting an advance, complete the following chart and line item justification below. BUDGET CATEGORY/LINE ITEMS (list applicable line items) 20_-20_ Anticipated Expenditures for First Three Months of Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first 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 30 days of receipt, along with any interest earned on the advance. 69 FY 2020-2021 EMPG AGREEMENT ATTACHMENT C 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 Division Contract Number Street Address Project Number City, State, Zip Date 70 FY 2020-2021 EMPG AGREEMENT ATTACHMENT D WARRANTIES AND REPRESENTATIONS Financial Management Sub -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 (1) All procurement transactions shall be done in a manner to provide open and free competition. (2) Sub -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. (3) 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. (4) Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill for the bid or offer to be evaluated by the Recipient. All bids or offers may be rejected when it is in the Recipient's interest to do so. 71 Codes of Conduct. Sub -recipient warrants the following: (1) The Sub -recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. (2) 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. (3) 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. (4) 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 Sub -recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from (Monday) through (Friday), and from (times) ( ) to ( ). Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all the particular work for which they are hired by the Recipient. 72 FY 2020-2021 EMPG AGREEMENT ATTACHMENT E STATEMENT OF ASSURANCES AND REGULATIONS The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including 2 C.F.R. Part 200; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally -assisted project. Also, the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants (5 USC 1501, et. seq.). 3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 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) 73 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 sub -recipients 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 Sub -Recipient of funds, the Sub -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. 74 FY 2020-2021 EMPG AGREEMENT ATTACHMENT F MANDATORY CONTRACT PROVISIONS Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub -recipient to include the required provisions. The Division provides the following list of provisions that may be required depending upon the type of contract or subcontract being funded by this Agreement: OMB GUIDANCE PT. 200, APP. II: Pt. 200, App. II Appendix II to Part 200—Contract Provisions for Non -Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the non -Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non -Federal entity including the manner by which it will be affected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not Tess than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Sub -recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non - Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of 75 mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not Tess than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or Sub -recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or Sub -recipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the 'Energy Policy and Conservation Act (42 U.S.C. 6201). (I) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (J) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. (K) See § 200.322 Procurement of recovered materials. 76 ATTACHMENT G - REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2020.2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT - EMPG BASE GRANT DIVISION FORM 1A -QUARTERLY FINANCIALREPORT AGREEMENT tt, CLAIM 5: 1 _.. _-_ i+ AWARD AMOUNT, I- QUARTER N:) _ 1 SUB -RECIPIENT: COUNTY: ADDRESS: _L. REPORTING FORMS DUE DATES (30 DAYS AFTER QUARTER) - 1 -}3 - .4- 1- Jay 1-Seot30,2020 2 - 0dober - January (toms are due no later than October 3g�_ 1 - Dec. 31, 2020 (Fcnm s are due no later than January 30) _ 1 -Starch 31, 2021 a'oms are due no later Man ori 30) POINT OF CONTACT. ADM 1-J1ne30,2cet (Fomsare duenolater henJuty30) PHONE/EMIL: EMPG ALLOCATION CATEGORIES BUDGETED ALLOCATIONS 01 CLAIM 02 CLAIM 03 CLAIM 04 CLAIM CUMULATIVE EXPENDED FUNDS REMAINING BALANCE 1. PLANNING S0.00 50.00 50.00 2. ORGANIZATION 50.00 SOHO 50.00 3. EQUIPMENT 50.00 50.00 50.00 4. TRAINING 50.00 r 50.00 r 50.00 5. EXERCISE 50.00 50.00 50.00 6. MGMT AND ADMIN (up to 5%) 50.00 r 50.00 ► 50.00 TOTAL 50.00 ► x.00 ► 50.80 P. 50.0 ► 50.00 50.00 ► 50.00 AMOUNT OF REIMBURSEMENT FOR THIS CLAIM: - -- 'By sterling thin report, 1 aertiy the purposes end **ethos 3d bet, may suttee: me to criminal, 3729-3730 end 3001-3312r to the Stith it dram best ofmy knowledge and befetthat the recoil is 1n, complete, the terms and condeions of the Federal award. 1 am aware that stmin'stra:ie penalties brtaud, bete statements, tsse claims ar i accum.e, any false, tditioos, OrothefWse. and the expenditures, or taudulenl (US. Code - dsbrrsenants iltomatien, or the omission Tile IS, Sediort 1001 and and cash rece11s are br of arty material re* 31, SeCians SIGNATURE: --- T` T -- ! �`_-�-_ 1 AUTHOR QED REPRESENTATNEr4 DATE QUARTERLY STATUS REPORT Please report EM a` Mies. meetings. training, exercises. or atter necessary IMormMion to support quarter}t proaress1on. THE SECTION BELOW IS TO BE COMPLETED BY THE DIVISION AWARD AMOUNT 01N SIOA DATE RECEIVED STAMP 1 1 PRIOR CLAIMS I 1 THIS CLAIM AMOUNT BALANCE OF AWARD 77 ATTACHMENT G - REPORTING FORMS . 'FLORIDA DIVISION OF EMERGENCY MANAGEMENT 20204021 EMERGENCY -MANAGEMENT PERFORMANCE GRANT - EMPG BASE GRANT DIVISION FORM IB - QUARTERLY TASKS . 111 ■fin 1111111111111111111 I SUB -RECIPIENT: OUARTER July 1 -Sept. 30 1 J .G 1 i 1 1 I EMPG EmergencyMem emelu Personnel . t19 NUS IS 100 tV NS IS 200 MT IS 700 NMS IS 800 Aga keta Damropa e4 5arks Earrpvcy assays Same EM Employee Narre & Posdon Title . .- c 0 N 0 in c 0 V 0 .- i= 0 N c 0 CI c 0 V c 0 ..- M 0 C 0 f') c 0 Z.- M 0 0 (41 0 N) r 0 R rz 0 .- cc 0 N cc 0 M cc 0. V c 0 .- cc 0 N cc 0 el it 0 V cc 0 11 1 1 I ENTER DATE CONPLETED DEIMERABLESi7ASKREQUIREMENTS. ORT 1 'ORT 2 ORT 3 ORT 4 T1: Submit ()Maori Form 3A - Qrartedy Match to idently the non- federal notch amount For those sub-recipierts using local funds, slpportirg docurnenta5on is required mith the form to support match amount reported (Due Q1.04) ' COMMENTS use ver exoane5on that supports Tralrfing 8 Exercise pregressisn.: T2 Provide the 2020 NMS oompiance notices cul be reported by using the spreadsheet provided by FIA in the month d Septenber. The SLtmssion mil be subnitted ek 1orica#f to the Bureau Chief d Preparedness (Due 02) 12 Provide the updated logistics Plan Component adctessrg the. foloving: Resource Ordering, Distribution Methods, In entory tdfanagerrent, Staging areas, Transportation and Demobilation (Due 04) T3: Provide the percentage of completed training and elercise activities listed on the current Mutt -Year Training & Elemise Flan (MYTEP)(Due 01.01) T3: Provide the Courty 2022.2024 MYTEP by February 1, 2021 . (Due 03) T3: Provide Division Form 4 . Staffing Detail fa all funded Eft PG personnel (Due 01, updates 8 necessary 02.04) 73: Provide training ce1ificaes fa E€viPG funded personnel fxed on Division For m4 - Staffing Decal. If certificates are uploaded into SEPTI- MAC. the Division's Grant Manager mill regdest a copy. (Due 01, updates 8 necessay 02-04) 73: Provide sign in sheet or certificate of participation in at least three (3) mortises for funded EMPG personnel during the period Of pedormanee. (Due 01-Q41 "8y sIgnip Ws repeat 1 cerity to me Des: amy A3Ionledge and tete that d)e for ix proposes and otjeclees rt to..0 in the terms and eondtions 0/1/10 Federal ma:erbtfact may subec:lie 10crminal,cavaadmirds:ratrrepenstkstot Sectians 3729-3730 and 3801-3872).' repos hatq,rate is sue, complete, eeard. 1 am statement, ani accurate, mem drat any fate chum!aoMenrise.(U.S. and ale expendttifes, ;acre, !edict's, or fiauautnt Cale S,= dslx rsemeels and cash recess are inbrmatia, ad* omission a dry Tat 18,Secbn 001 and 7te31, SIGNATURE: f �L AUTHORIZED REPRESENTATIVE T—m—I l! I I I. I l i t I I PRINTED NAME: 1 1 l 1( 1 1 1 1 1 L 1 1 1 1 TITLE: I 4 -- --------- l i i 1 1 l 1 1_1_i 1 1 1 1 4_. .DATE:_ I I i 1 I I I I I t I i i i l i t 78 ATTACHMENT G — REPORTING FORMS _FLORIDA DIVISION OF EMERGENCY. MANAGEMENT 202p-2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM • EMPG BASE GRANT DIVISION FORM 2A-DETAILOFCLAIMS - 1 1 C_ 1 _ITh 1 SUB -RECIPIENT. 1 INCURRED DATE RANGE:1Entrp% jot S throuch Sect. 30.2020 1 1 1._____.,....___I 1 I .1 Pease use separate Misim Fam2A - Detail of pans per afocai a caeoory. Ptease prairie FEIAA AEL numbers to EQUP61Etti expendtures ONLY Please prod&e FELLA AEL n ribersfor EOUPMB4T exflendtues OILY. Phase pork* a Wage! redsion to to Divisor amp rith Iris tam I expenses Deng (aired are not alocaed on to most recertty motored budget Pease include the Cods Incurred Dae Range n Oe amicable cd a0ore. This is usual), the Warterty paiod: howler, a Sub -Recipient nuy incapaate a Lager dab range to inctrde a fargcMn claim fa Matisse:rent for a payment made Or pevicus prartr chitin te period of the apeeraft). This almance does not crcumereOle far (4) reaired reooriino Supriissions • ALLOCATION CATEGORIES I PLEASE SELECT FROM THE UST BELOW r ________ ______ CATEGORY: PLANNING P VENDOR. DESCRPTION OF SERVICE OREXPENSE DATE OF . PAWS NT . FORSERVICE OR EXPENSE Cd:aa a tae) PAYMENT REFERENCE tf(VA PEG..PO.0 & sr PURCHASE AMOUNT . - FEM4AEL6 ilaadaaera Ras to a:H.ad) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 TOTAL S -ay aq:h; f:b, t rceYy to rhe baz daykro-vlMv rd boad tar Namara Sue, caw pare, and /taloa aadti+ee.pe:dfurea, d:buner e' arAcea: ort: am for Be woo.: and otiecrive:aef fart: Ad-eta:e Wco:aScv cfde Fade. aloared 1 as aaere u: toy SN;torlae,orfraudFa:r Hoa eicn a etc='r.-pndany a aaniar6c:, a ay aubjecfa aro Inti nY, aid or ado iti rat:i'ope:a`#: fa baud fate coon Hta, fate car : or otomke.(US. Cads T$43,Se:S:n :071 Wide ?:, SecSir..: r. -.373o aM39l-3912).* 1 SIGNATURE:1 1 ' I i AUTHORIZED REPREsari-Ara PRINTED NAME: t TITLE:, - DATE:I • =r-- t I V 79 ATTACHMENT G - REPORTING FORMS FLORIDA DMSION OF EMERGENCY MANAGEMENT 2020-2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - EMPG BASE GRANT DIVISION FORM 2B - DETAIL OF CLAIMS SALARIES AND FRINGE BENEFITS SALARY DEFINITION: The cash compensation for services rendered by a regular employee in an established position for a specific period of time. I I 1 1 1 I I I SUB-RECIPIENT:I 1 CLAIMp:1 1 I I I 1 1 1 1 DOES THIS CLAIM FOR REIMBURSMENT INCLUDE EXPENSES FOR ANY INCENTIVES OR SPECIAL PAY? 1 Note: If this claim includes incentives or special pay, please protide FDEM with the written established policy for support. , I 1 1 I EM EMPLOYEE NAME EM POSITION TITLE % OF TIME CHARGED TO EMPG • SALARY FRINGE BENEFITS 1 Example: Jane Doe EM Planner 50% $ 5,000.00 $ 1,200.00 2 3 4 5 6 7 8 9 10 11 12 13 14 15 TOTALS $ 5,000.00 $ 1,200.00 TOTAL $ 6,200.00 I I I 1 I I I 'By signing disbursements that any penalties 3801 this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 812). " r I I SIGNATURE: I AUTHORIZED REPRESENTATIVE PRINTED NAME: 1 TITLE: DATE: I I I I 61 80 ATTACHMENT G — REPORTING FORMS FLORIDA DMSION OF EMERGENCY MANAGEMENT 2020-2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - EMPG BASE GRANT DMSION FORM 3A - Quarterly Match SUB -RECIPIENT: • CLAIM #: 1 QUARTERLY REPORTING PERIOD: July 1 - Sept. 30 1 1 1 1. The 2020-2021 EMPG agreement has a 50% Federal and 50% Local match requirement. Each quarter the Sub -Recipient must identify the non- federal match on the Quarterly Match Form 3A 2. If the EMPG funds are being matched with 2020-2021 EMPA claimed expenditures, no additional back-up/supporting documentation is required to be submitted with this form. 3. If the 2020-2021 EMPG award exceeds the 2020-2021 EMPA award, or if the Sub -Recipient is not using EWA claimed expenditures to fulfill the EMPG match requirement, appropriate back-up/supporting documentation must accompany this form to support fulfillment of the required match (i.e. invoices, receipts, paystubs, eaming statements, cancelled checks, credit card and bank statements, etc. ). 1 I I 1 EMPG REPORTING AWARD AMOUNT: $ 100,000.00 EM PG QUARTERLY_ CLAIM CUM. FUNDS EXPENDED REMAINING BALANCE QUARTER 1 $0.00 $100,000.00 QUARTER 2 $0.00 $100,000.00 QUARTER 3 $0.00 $100,000.00 QUARTER4 $0.00 $100,000.00 TOTAL EMPG CLAIMS $0.00 I I I EMPA REPORTING AWARD AMOUNT: $ 115,000.00 EMPA QUARTERLY CLAIM CUM. FUNDS EXPENDED REMAINING BALANCE QUARTER 1 $0.00 $115,000.00 QUARTER 2 $0.00 $115,000.00 QUARTER 3 $0.00 $115,000.00 QUARTER 4 $0.00 $115,000.00 TOTAL EMPA CLAIMS $0.00 MATCH REPORTING REQUIRED MATCH AMOUNT: $ 50,000.00 EMPA LOCAL (General Revenue) LOCAL (Other) OTHER (Non -Federal) QUARTER 1 QUARTER 2 QUARTER 3 QUARTER 4 TOTAL $0.00 $0.00 $0.00 $0.00 TOTAL MATCH $0.00 1 1 ! "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth In the terms and conditions o/ the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." I I SIGNATURE: AUTHORIZED REPRESENTATIVE I PRINTED NAME: TITLE: 1 DATE: 62 81 ATTACHMENT G - REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT . 2020-2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT - EMPG BASE GRANT DIVISION FORM 4 - STAFFING DETAIL EMERGENCY MANAGEMENT. AGENCY ANTICIPATED SALARIES AND BENEFITS 1 (- 1 11 1 . '1 —r 1 -I SUB-RECIPIENT:I FL County POINT OF CONTACT: I Jane Doe, Planner I PHONE/EMAIL. 123-123-1234 'EMPLOYEE INFORMATION LOCAL STATE AND FEDERAL TOTAL EM Employee Name, Position Thle [1] # Hrs./Week Devoted to EM Activities • [2] $ . Total Salaries S Benefits by Position [31 % County General Fund (Local) [41 % Other Local Funds ' [5] • % • EMPA Base Grant (State) (61 . $ EMPA Base Grant (State) [71 % EMPG Base Grant (Federal). [8) $ EMPG Base Grant (Federal) [31 • % HMGP Planning Grant (State) [10] % Other State or Federal Funds [111 % Total An Funds 1121 1 EXAMPLE John Smith, Planner 40 $ 40,000.00 0% 0% 50% $ 20,000.00 50% $ 20,000.00 0% 0% 100% 2 - $ - $ • 0% 3 1 '$ - $ - 0% 4 1 $ - $ - 0% 5 I $ - $ - 0%.. 6 $ - $ - 0% 7 - $ . - $ - 0% 8 $ - $ - 0% 9 $ - $ - 0% 10 $ - $ - 0% 11 $ - $ - 0% 12 $ - $ - 0% ' 13 1 E - $ - 0% 14 1 $ - $ - 0% 15 $ - $ - • 0% 16 i $ - $ - 0% 17 ' $ - $ - 0% 18 $ - $ - 0% 19 $ - $ - 0% 20 ( $- - $ - _ 0% _ - TOTAL $ 20,000.00 $ 20,000.00 DIRECTIONS: 1. In Column #1, 1st the name and position We for funded EMPG Emergency Management staff. 11 I 1 2 In Column r2, enter the amount of anticipated hours vorked per week for grant related activities far each EM position f t� 3. In Column#3, ht total anticipned annual amount of Salaries and Benefitsto be paid fa each EM position. L 4. In Columns #411, provide the funding distribution (% or 5) in each applcable column. i 1 5. Column #12 calculates the mum of percentages entered in Columns 4 -11 and must equal 10044 of the anticipated annual starts and benefit per EM position 1 6. Please provide to the Division updates or revisions to this form throughout the period of tine agreement as necessary -This tarn Is to be erdsle ted to the Division along Wit, are 1st Quarter sut rdssion, or by October 30, 2020, vhlchever occurs first 1 1 63 82 ATTACHMENT G - REPORTING FORMS 2020-2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - BASE GRANT DIVISION FORM 5 - CLOSE-OUT•REPORT • C I I I 1 Division FORM 5 - CLOSEOUT REPORT shall be completed and submitted to the Division no later than sixty (60) days after the period of performance ends. The 2020-2021 period of performance ends on June 30, 2021. Division FORM 5 is due by August 30, 2021. I SUB -RECIPIENT: AGREEMENT #: POINT OF CONTACT: EMPG AWARD•AMOUNT: $ - PHONEIEMAIL: UNCLAIMED BALANCE: $ - REIMBURSEMENTS RECEIVED BY THE SUB -RECIPIENT (Include any advanced kinds and lInal requested payment) ALLOCATION CATEGORIES EXPENDITURES DATE AMOUNT 1. PLANNING $ -1 $ - 2. ORGANIZATION $ - 2 $ - 3. EQUIPMENT $ - 3 4. TRAINING $ - 4 5. EXERCISE $ - 5 6. MANAGEMENT AND ADMIN. $ - 6 $ - $ - AWARD AMOUNT $ - (LESS ADVANCED FUNDS) $ - I 1 (�LE SS REIMBURSEMENTS) $ I I - UNCLAIMED BALANCE OF AWARD $ - i I I The 2020-2021 EMPG agreement has a 50% Federal and 50% Local match requirement If the EMPG award is being matched with EMPA, no additional back-up/supporting documentation is needed to be provided to the Division. If the EMPG award exceeds the EMPA award or using local funds for match, the appropriate back-up/supporting documentation for the match fulfillment shall be provided with this form (i.e. invoices, cancelled checks, earning statements, payroll registries, with amounts clearly identified). .TOTALMATCH EMPA LOCAL (General Revenue) LOCAL (Other) OTHER (Non -Federal) I 1 . SIGNATURE REQUIRED i I I —1 I "By signing this report, 1 certify to the best of my knowledge and belief that the report Is true, complete, and accurate, and the expenditures, disbursements end cash receipts are for the purposes and objectives set forth In the terms end conditions of the Federal award. I am aware that any false, fictitlouk or fraudulent information, or the omission of any material fact may subject me to criminal, civil or administrative penalties for fraud, false statements; false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." SIGNATURE AND DATE: AUTHORIZED REPRESENTATIVE PRINTED NAME AND TITLE: I I 1 i Refund and/or final interest checks are due no Tater than ninety (90) days after the expiration of the Agreement Make checks payable to: Cashier, Florida Division of Emergency Management Mall to: Florida Division of Emergency Management, 2555 Shumard Oak Blvd., Tallahassee, Florida 32399-2100, Attn: (Division Grant Manager) L i BELOW TO BE COMPLETED BY FDEM: SIGNATURE AND DATE: . Division Grant Manager i i I SIGNATURE AND DATE: Division Programmatic Reviewer i I 1 I 64 83 ATTACHMENT G - REPORTING FORMS • FLORIDA DMSION OF EMERGENCY MANAGEMENT 2020-2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT - EMPO BASE GRANT • DMSION FORM 6 -TIME AND EFFORT This form is required to acconpany reimbursement claims for salaries Merged to the grant. ' I I 1 I I EMPLOYEE NAME: 1 QUARTERLY REPORTING PERIOD:/ October 1 - December 31 1 t •L t 1 I I 1 PERIOD DATES: _ 10/1/2020 TO 12/3120 , CLAM 0:. Date Range Week 1 Week 2 CATEGORY TOTALS ALLOCATION CATEGORY S S M T W T F Total S S M T W T F Total 1 ORGANIZATION 4 4 0 4 2 MGM' d ADMIN 5 5 5 5 10 15 3 0 0 0 4 0 0 0 5 0 0 0 6 0 12 12 12 DAILY TOTALS 0 0 4 0 5 0 0 0 0 5 17 0 0 0 PERIOD ONE TOTAL 9 PERIOD TWO TOTAL 22 31 Date Range Week 1 Week 2 CATEGORY TOTALS ALLOCATION CATEGORY 5 S M T- W 7 F Total S• 5 M T W T F Total 1 ORGANIZATION 4 5 8 0 9 2 MOMr & ADMIN 0 5 5 10 10 3 0 0 0 4 0 0 0 5 0 0 0 6 0 0 0 DAILY TOTALS 0 0 4 5 0 0 0 5 5 0 0 0 0 0 PERIOD ONE TOTAL 9 PERIOD TWO TOTAL 10 19 Date Range Week 1 Week 2 CATEGORY TOTALS ALLOCATION CATEGORY S S M T W T F Total S S M T W T F Total 1 ORGANIZATION 4 5 9 0 9 2 MOMr& ADMIN 0 4 5 9 9 3 0 0 0 4 0 0 0 5 0 0 0 6 0 0 O DAILY TOTALS 0 0 0 0 4 5 0 0 4 0' 5 0 0 0 PERIOD ONE TOTAL 9 PERIOD TWO TOTAL 9 16 Date Range Week 1 Week 2 CATEGORY TOTALS ALLOCATION CATEGORY 5 5 M T W T F Total S S M T W T F Total 1 OROANIATION 0 0 0 2 MOMf6ADMIN 5 54 4 9 3 0 0 0 4 0 0 0 5 0 0 0 6 0 0 0 DAILY TOTALS 0 0 0 5 0 0 0 04 0 0 0 0 0 PERIOD ONE TOTAL 5 PERIOD TW O TOTAL 4 9 Date Range Week 1 Week 2 CATEGORY TOTALS ALLOCATION CATEGORY S S M T W T F Total S S M T W T F Total 1 ORGANIZATION 0 0 0 2 MOW ti ADMIN 4 4 0 4 3 0 5 5 5 4 0 0 0 5 0 0 0 6 0 0 0 DAILY TOTALS 0 0 0 0 0 4 0 0 0 5 0 0 0 0 PERIOD ONE TOTAL 4 PERIOD TWO TOTAL 5 9 Date Range Week 1 Week 2 CATEGORY TOTALS ALLOCATION CATEGORY S S M T W T F Total 5 S M T W T F Total 1 ORGANIZATION 0 0 0 2 MONTItADMIN 4 5 9 0 g 3 0 5 5 5 4 0 6 6 6 5 0 0 0 8 0 0 0 ONLY TOTALS 0 0 0 4 0 5 0 0 5 0 6 0 0 0 PERIOD ONE TOTAL 9 PERIOD TWO TOTAL 11 20 Employee Signature: ,Date: Supervisor Signature: Date: By signing this report, I certify to the best of my knowledge end Melia/ that the repot is true, complete, end =ovate, and the expenditures, disbursements end cash receipts are for the purposes and objectives set forth in the terms end conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any materiel fact, may subject me to criminal, chill or administrative penalties /or /real, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 end Title 31, Sections 3729-3730 and 3601-3812). 65 84 GRANT NAME: EMPG Grant AGREEMENT# G0071 AMOUNT OF GRANT: $ 79,635.00 DEPARTMENT RECEIVING GRANT: Emergency Services CONTACT PERSON: Tad Stone PHONE NUMBER: 772-226-3859 1. How long is the grant for? 1 year Starting Date: July 1, 2020 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of match 100% 5. Grant match amount required $ 79,635.00 6. Where are the matching funds coming from (i.e. In Kind Services; Reserve for Contingency)? EMPA Grant 7. Does the grant cover capital costs or start-up costs? N/A Yes No If no, how much do you think will be needed in capital costs or startup costs? (Attach a detail listing of costs) $ N/A 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries N/A N/A N/A N/A N/A 011.13 Other Salaries & Wages (PT) N/A N/A N/A N/A N/A 012.11 Social Security N/A N/A N/A N/A N/A 012.12 Retirement -Contributions N/A N/A N/A N/A N/A 012.13 Insurance -Life & Health N/A N/A N/A N/A N/A 012.14 Worker's Compensation N/A N/A N/A N/A N/A 012.17 S/Sec. Medicare Matching N/A N/A N/A N/A N/A TOTAL N/A N/A N/A N/A N/A 9. What is the total cost of each position including benefits, cap'tal, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 10. What is the estimated cost of the grant to the county over five years? $ N/A Signature of Preparer: Date: June 1, 2020 85 Grant Other Match Costs First Year $ N/A $ N/A $ N/A $ N/A Second Year $ N/A $ N/A $ N/A $ N/A Third Year $ N/A $ N/A $ N/A $ N/A Fourth Year $ N/A $ N/A $ N/A $ N/A Fifth Year $ N/A $ N/A $ N/A $ N/A Signature of Preparer: Date: June 1, 2020 85 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator FROM: Tad Stone, Director Department of Emergency Services DATE: June 4, 2020 SUBJECT:: Acceptance and Approval of Expenditures for Emergency Management State - Funded Subgrant Agreement (EMPA) Agreement Number A0090 It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: Each year, the Florida Division of Emergency Management, through the executive office of the Governor, administers the Emergency Management Preparedness Assistance Grant (EMPA) Subgrant in support of each Florida county following authorization under Chapter 252, Florida Statutes and State Rule Chapter 27P-19, Florida Administrative Code. The funding for the EMPA is used to enhance and improve emergency management mitigation, planning, response and recovery directly affecting the lives and property of Indian River County residents and visitors. In accordance with the Emergency Management 2019-2023 strategic plan, the items listed below will enhance the ability of Emergency Management to adequately respond to and recover from disaster events required within the EMPA scope of work and the County Comprehensive Emergency Management Plan as approved. FUNDING: This is a dollar for dollar state funded matching subgrant with Florida Division of Emergency Management. The term of the agreement is from July 1, 2020 through June 30, 2021. The state recognizes line -item changes may occur after execution of the contract (i.e. due to cost savings or reprioritization by the FDEM), with their written approval. For these reasons, staff requests authorization to make these adjustments rather than return the funding for reallocation to other counties. The 2020/2021 EMPA is in the amount of $105,806 of which approximately $99,000 has been previously allocated for salary and benefits leaving a balance of $6,806 for expenditures. The County is permitted to use a broad range of matching funds for which the Emergency Management budgetis used as the matching for this grant. No additional funding is required. 86 Item Amount Account Number Salary & Benefits $99,000.00 00123825-011120 Public Outreach and Disaster Preparedness $618.00 00123825-035290 EOC Enhancements (Miscellaneous) $1,000.00 00123825-035290 Training $4,000.00 00123825-033190 Software Services (Annual recurring costs — "Sole Source") • Go-To-Webinar (GetGo, Inc.) $1,188.00 00123825-033190 Total $105,806.00 RECOMMENDATION: Staff recommends approval of the State Funded Subgrant Agreement A0090, associated expenditures, and authorization of the Chairman to execute this agreement between Indian River County Emergency Management and the State of Florida, Division of Emergency Management. ATTACHMENTS: 1. Three (3) Original Copies of EMPA Agreement (A0090) 2. Indian River County Office of Budget and Management Grant Form 87 STATE OF FLORIDA FLORIDA DIVISION OF EMERGENCY MANAGEMENT CSFA Number(s): 31.063 Agreement Number: A0090 STATE - FUNDED SUBAWARD AND GRANT AGREEMENT EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANTS 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 Recipient agree to the following: (1) SCOPE OF WORK (a) The Recipient shall perform the work in accordance with the Scope of Work (Attachment A) and Proposed Budget Detail Worksheet (Attachment A (2)), of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS, AND POLICIES (a) As required by section 215.971(1), Florida Statutes, this Agreement includes: A provision specifying a scope of work that clearly establishes the tasks that the Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. A provision specifying the financial consequences that apply if the Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. 88 v. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. vi. A provision specifying that any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. (b) In addition to the foregoing, the Recipient and the Division shall be governed by all applicable State and Federal laws, rules, and regulations, including those identified in the Scope of Work (Attachment A). Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) PERIOD OF AGREEMENT (a) This Agreement shall begin July 1, 2020 upon execution by both parties and shall end on June 30, 2021, unless terminated earlier in accordance with the provisions of Paragraph (12) TERMINATION. In accordance with section 215.971(1)(d), Florida Statutes, the Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. (4) FUNDING CONSIDERATION (a) This is a cost -reimbursement Agreement, subject to the availability of funds. (b) 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 either Chapter 216, Florida Statutes, or the Florida Constitution. (c) The Division will reimburse the Recipient only for allowable costs incurred by the Recipient for the completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in the Proposed Budget Detail Worksheet (Attachment A (2)) and Scope of Work (Attachment A). The maximum reimbursement amount for the entirety of this Agreement is $105,806. (d) The Division will review any request for reimbursement by comparing the documentation provided by the Recipient against a performance measure, outlined in Scope of Work (Attachment A) and Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Attachment C) which clearly delineates: The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. (e) The Division's Grant Manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the period of agreement and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Recipient. (f) For the purposes of this Agreement, the term "improper payment" means or includes: 89 i. Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, ii. Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (g) As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accord with section 112.061, Florida Statutes. The Recipient must submit submission of the claim on either their local travel voucher with supporting documentation and their local travel policy, or on the approved state travel voucher. (5) 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 Recipients and subcontractors in completing the work described in the Scope of Work (Attachment A) 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 forty-five (45) 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 Form 5 - Close -Out Report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever occurs first. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Proposed Budget Detail Worksheet (Attachment A (2)) and Scope of Work (Attachment A). (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 the Quarterly Report (Attachment D). 90 (6) MONITORING (a) Sub -recipient is responsible for and shall monitor its performance under this Agreement. Sub -recipient shall monitor the performance of its contractors, consultants, agents, contractors, and the like, who are paid from funds provided under this Agreement or acting in furtherance of this Agreement. (b) In addition to reviews of audits conducted in accordance with Exhibit 1 — Audit Requirements, monitoring procedures may include, but not limited to, desk reviews and on-site visits by Division staff, limited scope audits, and other procedures. (7) 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, Florida Statutes. (8) AUDITS (a) In accounting for the receipt and expenditure of funds under this Agreement, the Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." (b) When conducting an audit of the Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." (c) If an 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 30 days after the Division has notified the Recipient of such non-compliance. (d) The Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions 91 noted above. The audits must be received by the Division no later than nine months from the end of the Recipient's fiscal year.:• (e) The Recipient shall send copies of reporting packages required under this paragraph directly to each of the following: The Division of Emergency Management DEMSingle Audit(a.em.myflorida.com DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 (9) LIABILITY (a) Unless Recipient is a state agency or division, as defined in section 768.28, Florida Statutes, 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 performed 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) As required by section 768.28(19), Florida Statutes, any Recipient which is a state agency or Division, as defined in section 768.28(2), Florida Statutes, 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, Florida Statutes. 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 Division 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) REMEDIES; however, the Division may make payments or 92 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 period of agreement, and the Recipient fails to cure this adverse change within 30 (30) days from the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete on time any of its obligations under this Agreement. (11) REMEDIES If an Event of Default occurs, then the Division shall, after 30 calendar days written notice to the Recipient and upon the Recipient's failure to cure within those 30 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 30 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 (3) 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: Request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance; ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected; Advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or; 93 Require the Recipient to reimburse the Division for costs incurred for any items determined to be ineligible; Exercise any other rights or remedies which may be available under law. 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 30 (30) 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, Florida Statutes., 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 30 (30) 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 this Agreement. (d) In the event this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of this 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 this 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) PROCUREMENT (a) The Sub -Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"). (b) As required by 2 C.F.R. §200.318(i), the Sub -Recipient shall "maintain records sufficient to detail the history of procurement. These records will include but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." 94 (c) As required by 2 C.F.R. §200.318(b), the Sub -Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub - Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. (d) Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least (15) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Sub -Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the (7) business day window outlined above. If the Sub -Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: i. Terminate this Agreement in accordance with the provisions outlined in paragraph (13) above; and, ii. Refuse to reimburse the Sub -Recipient for any costs associated with that solicitation. (e) Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Sub -Recipient within 7 business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the 95 subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the 7 business day window outlined above. If the Sub -Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant, then the Division may: i. Terminate this Agreement in accordance with the provisions outlined in Paragraph (13) above; and, ii. Refuse to reimburse the Sub -Recipient for any costs associated with that subcontract. (f) The Sub -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 Sub -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. (g) As required by 2 C.F.R. §200.318(c)(1), the Sub -Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." (h) As required by 2 C.F.R. §200.319(a), the Sub -Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition. " Accordingly, the Sub -Recipient shall not: i. Place unreasonable requirements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated companies; iv. Execute noncompetitive contracts to consultants that are on retainer contracts; v. Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an equivalent; vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, 96 ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. (i) Except in those cases where applicable Federal statutes expressly mandate or encourage otherwise, the Sub -Recipient, as required by 2 C.F.R. §200.319(b), shall not use a geographic preference when procuring commodities or services under this Agreement. Q) The Sub -Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes. (k) The Sub -Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b), Florida Statutes. (I) For each subcontract, the Sub -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, Florida Statutes. Additionally, the Sub -Recipient shall comply with the requirements of 2 C.F.R. §200.321 ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms"). (m) FEMA has created a Checklist for Reviewing Procurements under Grants by States, local and tribal governments, Institutions of Higher Education, Hospitals, and private non-profit organizations - 2 C.F.R. pt. 200. Revised on 11/21/18. It is available at https://www.fema.gov/media-library- data/1569959172327-92358d63e00d17639d5db4de015184c9/PDAT ProcurementChecklist 11-21- 2018.pdf (14) ATTACHMENTS AND EXHIBITS (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 —Audit Requirements Exhibit 2 — Funding Sources Exhibit 3 — Single Audits 97 Attachment A — Scope of Work Attachment A (1) — Allowable Costs and Eligible Activities — Budget Directions Attachment A (2) — Proposed Budget Detail Worksheet Attachment A (3) — Quarterly Reports Attachment B — Justification of Advance Payment Attachment C — Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Attachment D — Warranties and Representations Attachment E — Statement of Assurances Attachment F — Response Capabilities Attachment G — Hurricane Retrofit Shelter Attachment H — Recovery Capabilities Attachment I — Reporting Forms (15) NOTICE OF CONTACT (a) All notices provided by Recipient under or pursuant to this Agreement shall be in writing to Division's Grant Manager and delivered by standard or electronic mail using the correct information provided in Subparagraph 15(b) below. (b) The name and address of Division's Grant Manager for this Agreement is: Contractual Point of Contact Rebekah C. Kuczwanski Florida Division of Emergency Management 2555 Shumard Oak Blvd., Suite 330F Tallahassee, FL 32399-2100 (850) 815-4419 Rebekah.Kuczwanski@em.myflorida.com (c) The name and address of Division's Program Manager for this Agreement is: Programmatic Point of Contact Karla Brown Florida Division of Emergency Management 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 815-4357 Naytoyla.Brown@em.myflorida.com 98 (d) The name and address of Representative of the Recipient responsible for the administration of this Agreement is: Name: Erin Baskins Title: Address: 4225 43rd Avenue Vero Beach, Florida 32967 Phone: (772) 226-3859 Email: ebaskins@ircgov.com (16) PAYMENTS (a) Any advance payment under this Agreement is subject to section 216.181(16), Florida Statutes. 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 Justification of Advance Payment as Attachment B. Justification of Advance Payment (Attachment B) 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. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. (b) Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within (45) 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 (5) REPORTS of this Agreement. (c) 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 Paragraph (4) FUNDING CONSIDERATION 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 30 days of receiving notice from the Division. (17) REPAYMENTS (a) 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 99 Tallahassee FL 32399-2100 (b) In accordance with section 215.34(2), Florida Statutes, 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. (18) MANDATED CONDITIONS AND OTHER LAWS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with 30 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) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.) which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. (e) 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. (f) 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: 100 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; ii. 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; 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 (18)(f)(ii) of this certification; and iv. 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. (g) 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. (h) 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 C) 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. (i) 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, Florida Statutes, which the Recipient created or received under this Agreement. (j) 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. (k) 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. 101 (I) Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political division granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. (m) The Division may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5),Florida Statutes., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (19) FEDERAL REQUIREMENTS PERTAINING TO LOBBYING (a) Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." (b) 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. (20) COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, 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 this 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 102 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 30 (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement that 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 that 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 that accrue during performance of this Agreement. (d) If the Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Recipient shall become the sole property of the Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully -paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Recipient, under this Agreement, for Florida government purposes. (21) LEGAL AUTHORIZATION. (a) 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. (22) ASSURANCES (a) The Recipient shall comply with any Statement of Assurances incorporated as Attachment H. (23) RECORDS (a) As a condition of receiving state financial assistance, and as required by sections 20.055(6)(c) and 215.97(5)(b), Florida Statutes, the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Recipient's personnel for the purpose of 103 interview and discussion related to such documents. For the purposes of this section, the term"Recipient" includes employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement. (b) The Recipient shall maintain all records related to this Agreement for the period of time specified in the appropriate retention schedule published by the Florida Department of State. Information regarding retention schedules can be obtained at: http://dos.mvflorida.com/librarv-archives/records- management/general-records-schedules/. (c) Florida's Government in the Sunshine Law (section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) all meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Recipient based upon the funds provided under this Agreement, the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. 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, Florida Statutes. (d) Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. 104 (e) 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 Attachment A (2) — Proposed Budget Detail Worksheet and Scope of Work (Attachment A) - and all other applicable laws and regulations. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (24) TERMS AND CONDITION (a) This Agreement contains all the terms and conditions agreed upon by the parties. (25) EXECUTION (a) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (26) MODIFICATION (a) Either Party may request modification of the provisions of this agreement. Modifications of provisions of this Agreement are valid only when reduced to writing and duly signed by the Parties. 105 STATE OF FLORIDA FLORIDA DIVISION OF EMERGENCY MANAGEMENT FEDERALLY FUNDED RECIPIENT AGREEMENT SIGNATURE PAGE IN WITNESS WHEREOF, the Parties have duly executed and delivered this Agreement as of the date set forth below. RECIPIENT: By: (Name and Title) Date: 59-6000674 Federal Identification Number 0792078989 DUNS Number A0090 Agreement Number STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: (Jared Moskowitz, Division Director' Date: 106 FY 2020 — 2021 EMPA AGREEMENT EXHIBIT 1 —AUDIT REQUIREMENTS The administration of resources awarded by the Division to the Recipient may be subject to audits and/or monitoring by Division as described in this section. MONITORING Monitoring visits are performed to confirm grant requirements are being fulfilled to ensure correct and accurate documentation is being generated and to assist with any questions or concerns Recipient s may have related to the grant. Recipient s will be monitored programmatically and financially by the Division to ensure that all grant activities and project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. On-site monitoring visits will be performed according to Division schedules, as requested, or as needed. At minimum, Recipients will receive monitoring from Division per year. If an on-site visit cannot be arranged, the Recipients may be asked to perform monitoring via phone. Additional monitoring visits may be conducted throughout the period of performance as part of corrective action when Recipients are demonstrating non-compliance. (a) 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 the Proposed Budget Detail Worksheet (Attachment A(2)) and Scope of Work (Attachment A) to this Agreement and reported in Quarterly Reports (Attachment A(3)). (b) In addition to reviews of audits, 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. If 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. 107 AUDITS The Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. In accounting for the receipt and expenditure of funds under this Agreement, the Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." When conducting an audit of the Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." If an 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 30 days after the Division has notified the Recipient of such non-compliance. (a) The Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor 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. (b) The Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Recipient, to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (c) The Recipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.qov/fac/collect/ddeindex.html (d) The Recipient shall send any management letter issued by the auditor to the Division at the following address: 108 DEMSingle Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 REPORTS (a) Consistent with 2 C.F.R. §200.328, 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 subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. (b) Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are September 30, December 31, March 31, and June 30. (c) The close-out report is due 60 days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide additional program updates or information that may be required by the Division. (f) The Recipient shall provide additional reports and information identified in Quarterly Reports (Attachment D). 109 FY 2020 — 2021 EMPA AGREEMENT EXHIBIT 2 — FUNDING SOURCES I. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Recipient's Name: Indian River County Recipient's unique entity identifier (DUNS): 079208989 Federal Award Identification Number (FAIN): Federal Award Date: Subaward Period of Performance Start and End Date: July 1, 2020 to June 30, 2021 Amount of Federal Funds Obligated by this Agreement: $105,806.00 Total Amount of the Federal Funds Obligated to the Recipient by the pass-through entity to include the Agreement: $105,806.00 Total Amount of the Federal Award committed to the Recipient by the pass-through entity: $105,806.00 Federal award project description (see FFATA): Section 215.97, Florida Statutes of Florida. Single Audit; 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. Name of Awarding Agency: Florida Division of Emergency Management Name of Pass -Through Entity: Contact Information for Awarding Official of Pass -Through Entity: Contact: Rebekah Kuczwanski (850) 815-4419 Catalog of State Financial Assistance (CSFA) Number: 31.063 Catalog of State Financial Assistance (CSFA) Name: Emergency Management Preparedness and Assistance Grant Whether the award is Research & Development: No Indirect Cost Rate for the Federal Award: 110 II. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Federal Program: Recipient shall use EMPA funds to support building and maintaining a comprehensive, all -hazards emergency preparedness system in accordance with all attachments to this Agreement, applicable EMPA requirements, and eligibility requirements as set forth in the 2 C.F.R. 200 Uniform Administrative Requirements for Federal Grants, 27P-19 Florida Administrative Code for Federal Grants, Fiscal Year 2020 Notice of Funding Opportunity, Chapter 252 Florida Statutes, and Reference Guide for State Expenditures (2020). STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: N/A MATCHING RESOURCES FOR FEDERAL PROGRAMS: Federal Program: N/A SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project: N/A COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: N/A NOTE: Title 2 C.F.R. Part 200, and section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 111 FY 2020 — 2021 EMPA AGREEMENT EXHIBIT 3 — SINGLE AUDITS AUDIT COMPLIANCE CERTIFICATION Email a copy of this form within 60 days of the end open to DEMSingle Audita.em.myflorida.com. of each fiscal year in which this was Recipient: FEIN: Sub- Recipient's Fiscal Year:. Contact Name: Contact's Phone: Contact's Email: 1. Did Recipient expend the State Financial Assistance, during its fiscal year, that it received under any agreement (e.g., contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between Recipient and the Florida Division of Emergency Management (Division)? ❑Yes No If the above answer is yes, answer the following before proceeding to item 2. Did Recipient exceed $750,000 or more of State financial assistance (from DIVISION and all other sources of State financial assistance combined) during its fiscal year? ❑Yes No If yes, Recipient certifies that it will timely comply with all applicable State single or project specific audit requirements of section 215.97(2)(i), Florida Statutes, and the applicable rules of the Department of Financial Services and the Auditor General. 2. Did Recipient expend Federal awards during it fiscal year that it received under any agreement (e.g. contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between Recipient and Division? ❑Yes No If the above answer is yes, answer the following before proceeding to item 2. Did Recipient exceed $750,000 or more of State financial assistance (from Division and all other sources of State financial assistance combined) during its fiscal year? ❑Yes No If yes, Recipient certifies that it will timely comply with all applicable single or program — specific audit requirements of title 2 C.F.R. part 200, subpart F, as adopted and supplement by DHS at 2 C.F.R. part 200. By signing below, I certify, on behalf of Recipient, that the above representations for items 1 and 2 are correct. Signature of Authorized Representative Date Printed Name of Authorized Representative Title of Authorized Representative 112 FY 2020 — 2021 EMPA AGREEMENT ATTACHMENT A — SCOPE OF WORK I. GENERAL POLICY Recipient shall comply with the following requirements, and if applicable, ensure all contracts require compliance with the following requirements. In carrying out this Agreement, Recipient shall provide all necessary personnel, materials, services, and facilities, except otherwise provided herein, to carry out the program. Recipient shall designate an individual, referred to by Division as the Grant Manager, who will be responsible for ensuring that the following activities are adhered to: • Planning; • Organization; • Equipment; • Training; • Exercise; and • Management and Administration The intent of the Emergency Management Preparedness and Assistance Grant (EMPA) is to provide state funds to assist local grovernments in preparing for all hazards as authorized by section 252.373, Florida Statutes. EMPA shall be awarded to a county for the use and benefit of the County Emergency Management Agency. Funds shall be allocated to implement and administer county emergency management programs including management and administration. Consistent with Rule 27P-19.010(11), Florida Administrative Code, the Division shall determine allowable costs in accordance with 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." II. RECIPIENT RESPONSIBILITIES Recipient shall support efforts to build and sustain core capabilities across the Prevention, Protection, Mitigation, Response, and Recovery mission areas described in the National Preparedness Goal. Counties must be able to prepare for, respond to, recover from, and mitigate against natural and man- made disasters/emergencies. Each Emergency Management staff person must work the number hours and assume the responsibilities for the duties in their official position description as well as provide the coordination and support for all incidents within their jurisdiction. TASKS AND QUARTERLY DELIVERABLES The Recipient must successfully complete the following tasks and deliverables throughout the period of performance. Quarterly Tasks (Form1 B) will need to be provided each quarter to show completion or progress towards the completion of each task. Quarterly deliverables must be submitted to the Grant Manager's email address provided in Subparagraph 15(b) as stated in the scope of work. The Recipient must also provide a certification of completion on the deliverable checklist. 113 1 � TASK 1: CERTIFICATION OF COUNTY EMERGENCY MANAGEMENT STAFF A. EMERGENCY MANAGEMENT STAFF Each County Emergency Management Agency must annually certify their commitment to employ and maintain either a Full-time Director or Part-time Coordinator consistent with Rule 27P-19.005(4) and (5), Florida Administrative Code. Pursuant to section 252.38(1)(c), Florida Statutes, the County Emergency Management Agency shall perform emergency management functions throughout the territorial limits of the county in which it is organized. Additionally, the County Emergency Management Agency shall conduct such activities outside its territorial limits as required by law and in accordance with state and county emergency management plans and mutual aid agreements. The County Emergency Management Agency shall serve as liaison for and coordinator of municipalities' requests for state and federal assistance during post -disaster emergency operations. If the Recipient is a county with a population of 75,000 or more, then the Recipient shall employ a full-time county emergency management director. If the Recipient is a county with a population Tess than 75,000, or if the Recipient is a county that is a party to an inter jurisdictional emergency management agreement entered into pursuant to section 252.38(3)(b), Florida Statutes then the Recipient shall employ either: • An Emergency Management Coordinator who works at least 20 hours a week in that capacity; or, • A full-time director In order to demonstrate successful completion of all required tasks for Quarter 1, the Recipient must submit the following items in the Division's SharePoint portal or WebEOC: DELIVERABLES: • The Division Exhibit 2, certification letter for the full-time Emergency Management Director or part-time Coordinator, in accordance with Rule 27P-19.004, Florida Administrative Code each quarter; • The Division Form 4 — Staffing Detail and position descriptions for funded emergency management staff; • A Quarterly Report as outlined in Quarterly Reports (Attachment A3); and • The full-time Emergency Management Director's or part-time Coordinator's certified timesheets or paystubs. Reporting Requirements: Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due Submit — Updates Only Submit — Updates Only Submit — Updates Only Supporting Documentation: invoices, receipts, paystubs, earning statements, cancelled checks, credit card statements, bank statements for proof of payment at least equal to the amount of reimbursement requested for this quarter. 114 TASK 2: LOCAL BUDGET MATCH CERTIFICATION A. QUARTERLY MATCH Throughout the period of this Agreement, and as required by Rule 27P-19.011(1), Florida Administrative Code, the Recipient shall match base grant funds "at the 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 is lower." NOTE: Rule 27P-19.011(1), Florida Administrative Code, states: "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.' " In accordance with Rule 27P-19.011(2), Florida Administrative Code, and if "exceptional financial circumstances" exist, then the Recipient may request from the Division a match reduction. DELIVERABLES: • The Division Form 3 - Local Budget Match Certification; • A copy of the current and accurate County Emergency Management Local Budget (General Revenue) including the budget approval date. All requests for a budget match reduction shall be requested no later than 45 days after the county budget has been approved; • A copy of the local EM general revenue expenditure (general ledger) report. Reporting Requirements: Quarter 1 Quarter 2 Quarter 3 Quarter 4 N/A Deliverables Submit — Updates Only Submit — Updates Only TASK 3: RESPONSE CAPABILITIES A. SITE IDENTIFICATION DATA/LOCATIONS AND HURRICANE SHELTER RETROFIT Throughout the period of this Agreement, the Recipient must maintain current county emergency management and other contacts through the Division's SharePoint including County Director and Alternate contacts, State Mutual Aid Agreement contacts, and many more; The Recipient must maintain SharePoint site identification data including location and attribute information for fire stations, law enforcement, emergency medical services, emergency operations center(s) and call centers; The Recipient must maintain WebEOC site identification location and attribute information of all pre- identified County Staging Areas (CSAs) and County Points of Distribution (PODs), and; The Recipient must complete, and upload Hurricane Shelter Retrofit information in WebEOC portal in accordance with Florida's statewide Hurricane Shelter Space Deficit Elimination program. 115 DELIVERABLES: • Attachment F - The Recipient must maintain current county emergency management and other contacts through the Division's SharePoint including County Director and Alternate contacts, State Mutual Aid Agreement contacts, and many more; • Attachment F - Maintain site data in SharePoint including location and attribute information for all fire stations, law enforcement, emergency medical services, emergency operations center(s) and call centers; • Attachment F - Maintain site data in WebEOC including location and attribute information for all pre -identified sites for County Staging Areas (CSAs) and County Points of Distribution (PODs); • Attachment G - Complete the Hurricane Shelter Retrofit items A -G in the worksheet provided no later than March 31, 2021 and upload into WebEOC. Reporting Requirements: Quarter 1 Quarter 2 Quarter 3 Quarter 4 N/A N/A Deliverables Due Submit — Updates Only TASK 4: RECOVERY CAPABILITIES A. DISASTER RECOVERY CENTER LOCATIONS Throughout the period of this Agreement, the Recipient must maintain potential Disaster Recovery Center (DRC) locations and provide basic information in WebEOC which identifies physical location, contact persons, site characteristics, interior, office characteristics, phone service, and sketches. DELIVERABLES • Attachment H — Support of Recovery capabilities (Attachment H), identify potential Disaster Recovery Center (DRC) locations and provide basic information in WebEOC. Reporting Requirements: Quarter 1 Quarter 2 Quarter 3 Quarter 4 N/A N/A N/A Deliverables Due 116 FY 2020 — 2021 EMPA AGREEMENT ATTACHMENT A (1) ALLOWABE COSTS AND ELIGIBLE ACTIVITIES — BUDGET DIRECTIONS I. CATEGORIES AND ELIGIBLE ACTIVITIES The 2020 EMPA Funding Guidance allowable costs are divided into the following categories: Planning, Organization, Equipment, Training, Exercise, and Management and Administration. A. PLANNING Planning spans all five National Preparedness Goal (the Goal) mission areas and provides a baseline for determining potential threats and hazards, required capabilities, required resources, and establishes a framework for roles and responsibilities. Planning provides a methodical way to engage the whole community in the development of a strategic, operational, and/or community-based approach to preparedness. Plans should have prior review and approval from the respective DEM state program. Funds may not be reimbursed for any plans that are not approved. EMPA Program funds may be used to develop or enhance emergency management planning activities. Some examples include, but not limited to: • Emergency Operation Plans/ Local Comprehensive Emergency Management Planning • Communications Plans • Administrative Plans • Whole Community Engagement/Planning • Resource Management Planning • Sheltering and Evacuation Planning Recovery Planning Continuity Plans For planning expenditures to qualify for reimbursement under this Agreement, the Recipient must submit a final plan to the Division and the Division's Natural Hazard Planning Manager must approve that plan. As part of any request for reimbursement for planning expenditures, the Recipient must submit the following to the Division: • Copies of contracts or agreements prior to contracting with consultants or sub -contractors providing services; • Invoice from any consultant/contractor involved in the planning (Note — grant agreement must be referenced on the invoice); • Copies of all planning materials and work product (e.g. meeting documents, copies of plans); • If a meeting was held by Recipient, an agenda and signup sheet with meeting date must be included; • Proof of. payment (e.g. canceled check, electronic funds transfer, credit card statement); • Complete debarment form and/or Sam.gov for any contractors/consultants; • Proof of purchase methodology (e.g. quotes, sole source, state contract, competitive bid results); • Invoices and proof of payment for Travel costs (e.g., airfare, mileage, per diem, hotel) related to planning activities. B. OPERATIONAL EMPA Program funds may be used for all day-to-day preparedness activities in support of the four phases of emergency management (preparedness, response, recovery, and mitigation). Reimbursable personnel costs include salary, overtime, and backfill, compensatory time off, and associated fringe benefits. 117 Rules 27P-19.004 and 27P-19.0061, Florida Administrative Code., outline the minimum performance level (definition below). Each Emergency Management staff person must be available to work the number of hours and assume the responsibilities for the duties in their official position description as well as provide the coordination and support for all incidents within the jurisdiction on a 24-hour basis. Personnel Cost - Rules 27P-11.004, 27P-11.0061, Florida Administrative Code: Counties with populations of 75,000 or more must have a full-time emergency management director. Counties with populations of less than 75,000 or party to an inter -jurisdictional emergency management agreement entered into pursuant to section 252.38(3)(b), Florida Statutes, that is recognized by the Governor by executive order or rule, are encouraged to have a full-time director. However, as a minimum, such a county must have an emergency management coordinator who works at least twenty (20) hours a week in that capacity. "Full-time Emergency Management Director" means a single professional emergency management program Administrator working full-time as identified in the position description established by the governing body of the jurisdiction. Eligible "Operational Cost" items include, but are not limited to: • Salaries and Fringe Benefits ■ Copies of certified timesheets with employee and supervisor signature documenting hours worked or Division Form 6 - Time and Effort and proof employee was paid (paystubs, earning statements, and payroll expenditure reports). • Utilities (electric, water and sewage) • Service/Maintenance agreements (provide vendor debarment and service agreement for contractual services) • Office Supplies/Materials • IT Software Upgrades • Memberships • Publications • Postage • Storage • Other Personnel/Contractual Services • Reimbursement for services by a person(s) who is not a regular or full-time employee filling established positions. This includes but is not limited to temporary employees, student or graduate assistants, fellowships, part time academic employment, board members, consultants, and other services. Consultant Services require a pre -approved Contract or purchase order by the Division. Copies of additional quotes should also be supplied when requesting pre -approval. These requests should be sent to the grant manager for the Division for review. Funding for Critical Emergency Supplies Critical emergency supplies—such as shelf stable products, water, and basic medical supplies—are an allowable expense under EMPA. DHS/FEMA must approve a state's five-year viable inventory management plan prior to allocating grant funds for stockpiling purposes. The five-year plan should include a distribution strategy and related sustainment costs if the grant expenditure is over $100,000. Operational Costs Supporting Documentation If the recipient seeks reimbursement for operational activities, then the following shall be submitted: • For salaries, provide copies of certified timesheets with employee and supervisor signature documenting hours worked or Division Form 6 - Time and Effort and proof employee was paid (paystubs, earning statements, payroll expenditure reports). • Expense items need to have copies of invoices, receipts and cancelled checks, credit card 118 statements, bank statements for proof of payment. All documentation for reimbursement amounts must be clearly visible and defined (i.e., highlighted, underlined, circled on the required supporting documentation). C. EQUIPMENT Provided the cost of the item qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, an item on the FEMA AEL that is specifically coded for the Emergency Management Performance Grant ("EMPG") Program satisfies the minimum level of service for an equipment purchase under this Agreement. If an item qualifies as reasonable and necessary, and if the item is EMPG-coded on the FEMA AEL, then the Recipient does not need to obtain permission from the Division prior to purchasing the item in order to seek reimbursement. If the Recipient seeks reimbursement for the purchase of an item that is not EMPG-coded on the FEMA AEL, then the Recipient must receive permission from the Division prior to purchasing the item. If the Recipient purchases such an item without receiving permission from the Division beforehand, then the Division will not provide any reimbursement for that purchase. Allowable equipment includes equipment from the following AEL categories: • Personal Protective Equipment (PPE) (Category 1) • Information Technology (Category 4) • Cybersecurity Enhancement Equipment (Category 5) • Interoperable Communications Equipment (Category 6) • Detection Equipment (Category 7) • Power Equipment (Category 10) • Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials (Category 11) • CBRNE Incident Response Vehicles (Category 12) • Physical Security Enhancement Equipment (Category 14) • CBRNE Logistical Support Equipment (Category 19) • Other Authorized Equipment (Category 21) The Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEMA's preparedness grant programs and can be located at https://www.fema.gov/authorized-equipment-list. If Recipients have questions concerning the eligibility of equipment, they shall contact their Grant Manager for clarification. Recipientsshould analyze the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technical advances. Large equipment purchases must be identified and explained. For more information regarding property management standards for equipment, please reference 2 C.F.R. Part 200, including 2 C.F.R. §§ 200.310, 200.313, and 200.316. Equipment Acquisition Costs Supporting Documentation • Provide copies of invoices, receipts and cancelled checks, credit card statements, bank statements for proof of payment. • Provide the Authorized Equipment List (AEL) # for each equipment purchase. D. TRAINING EMPA Training funds may be used for a range of emergency management -related training activities to enhance the capabilities of state and local emergency management personnel through the establishment, support, conduct, and attendance of training. Training should foster the development of a community - oriented approach to emergency management that emphasizes engagement at the community level, strengthens best practices, and provides a path toward building sustainable resilience. 119 The Recipient can successfully complete an authorized course either by attending or by conducting that course. • In order to receive payment for successfully attending a training course, the Recipient must provide the Division with a certificate of completion; additionally, the Recipient must provide the Division with all receipts that document the costs incurred by the Recipient in order to attend the course. • In order to receive payment for successfully conducting a course, the Recipient must provide the Division with the course sign -in sheet. Additionally, the Recipient must provide the Division with all receipts that document the costs incurred by the Recipient in order to conduct the course. • In order to receive payment for successfully conducting a workshop, the recipient must provide the Division with workshop sign -in sheets and materials used for workshop. Additionally, the Recipient must provide the Division with all receipts that document the costs incurred by the Recipient in order to conduct the workshop. For training, the number of participants must be a minimum of fifteen (15) in order to justify the cost of holding a course. For questions regarding adequate number of participants, please contact the DIVISION State Training Officer for course specific guidance. Unless the recipient receives advance written approval from the State Training Officer for the number of participants, then the Division must reduce the amount authorized for reimbursement on a pro -rata basis for any training with less than fifteenl5 participants. When conducting a training that shall include meals for the attendees, the recipient shall submit a request for approval to the Division no later than twenty-five (25) days prior to the event to allow for both the Division and the Department of Financial Services to review. The request for meals must be submitted on letterhead and must include the date of exercise, agenda, number of attendees, and costs of meals. Allowable training -related costs include the following: • Develop, Deliver, and Evaluate Training. This includes costs related to administering the training: planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment. Training should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Any training or training gaps, including those for children and individuals with disabilities or access and functional needs, should be identified in the Multi -Year TEP and addressed in the training cycle. States are encouraged to use existing training rather than developing new courses. When developing new courses states are encouraged to apply the Analyze, Design, Develop, Implement and Evaluate (ADDIE) model for instruction design. • 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 FEMA, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. • Travel. Travel costs (e.g., airfare, mileage, per diem, and hotel) are allowable as expenses by employees who are on travel status for official business related to approved training. • Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part-time staff or contractors/consultants may be hired to support direct training -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state or FEMA, whichever is applicable. • Certification/Recertification of Instructors. Costs associated with the certification and re- certification of instructors are allowed. States are encouraged to follow the FEMA Instructor 120 Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses which involve training of trainers. Conferences The Division recognizes the important role that conferences can play in the professional development of emergency managers. 2 C.F.R. §200.432 defines the term conference as "a meeting, retreat, seminar, symposium, workshop or event whose primary purpose is the dissemination of technical information beyondthe non -Federal entity and is necessary and reasonable for successful performance under the Federal award." Rule 691-42.002(3), Florida Administrative Code, defines the term conference as: The coming together of persons with a common interest or interests for the purpose of deliberation, interchange of views, or for the removal of differences or disputes and for discussion of their common problems and interests. The term also includes similar meetings such as seminars and workshops which are large formal group meetings that are programmed and supervised to accomplish intensive research, study, discussion, and work in some specific field or on a governmental problem or problems. A conference does not mean the coming together of agency or interagency personnel. For travel to a conference or convention to qualify for reimbursement, the cost must be reasonable and attendance at the conference must be necessary for the successful completion of a task required by this Ag reement. Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, travel to a conference that complies with the requirements of Rule 691-42.004, Florida Administrative Code, satisfies the minimum level of service for conference travel under this Agreement. In pertinent part, Rule 691-42.004(1), Florida Administrative Code, states "No public funds shall be expended for attendance at conferences or conventions unless: • The main purpose of the conference or convention is in connection with the official business of the state and directly related to the performance of the statutory duties and responsibilities' of the agency participating; • The activity provides a direct educational or other benefit supporting the work and public purpose of the person attending; • The duties and responsibilities of the traveler attending such meetings are compatible with the objectives of the conference or convention; and • The request for payment of travel expenses is otherwise in compliance with these rules. Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, and provided any related travel complies with the requirements of Rule 691-42.004, Florida Administrative Code, conferences may qualify for reimbursement under this Agreement: Requests for reimbursement for payment of the registration fee or for a conference or convention must include: • A statement explaining how the expense directly relates to the Recipient's successful performance of a task outlined in this Agreement; • A copy of those pages of the agenda that itemizes the registration fee; • A copy of local travel policy; and, • A copy of the travel voucher or a statement that no travel costs were incurred, if applicable. 121 When a meal is included in a registration fee, the meal allowance must be deducted from the reimbursement claim, even if the traveler decides for personal reasons not to eat the meal. See section 112.061(6)(c), Florida Statutes ("No one, whether traveling out of or in state, shall be reimbursed for any meal or lodging included in a convention or conference registration fee paid by the state"). A continental breakfast is considered a meal and must be deducted if included in a registration fee for a convention or conference. However, in the case where a meal is provided by a hotel or airline, the traveler shall be allowed to claim the meal allowance provided by law. Class A, Class B, and Class C Travel: • Class A travel is continuous travel of 24 hours or more away from official headquarters. The travel day for Class A is based on a calendar day (midnight to midnight). • Class B travel is continuous travel of less than 24 hours which involves overnight absence away from official headquarters. The travel day for Class B travel begins at the same time as the travel period. • Class C travel is short or day trips in which the traveler is not away from his/her official headquarters overnight. Class C allowances are currently not authorized for reimbursement. Meal Allowance and Per Diem: Section 112.061(6)(b), Florida Statutes, establishes the meal allowance for each meal during a travel period as follows: $6 for breakfast (when travel begins before 6 a.m. and extends beyond 8 a.m.); $11 for lunch (when travel begins before 12 noon and extends beyond 2 p.m.); $19 for dinner (When travel begins before 6 p.m. and extends beyond 8 p.m. or when travel occurs during nighttime hours due to special assignment.). Section 112.061(a), Florida Statutes, establishes the per diem amounts. All travelers are allowed: The authorized per diem for each day of travel; or, If actual expenses exceed the allowable per diem, the amount allowed for meals as provided in s. 112.061(6) (b), F.S., plus actual expenses for lodging at a single occupancy rate. Per diem shall be calculated using four six -hour periods (quarters) beginning at midnight for Class A or when travel begins for Class B travel. Travelers may only switch from actual to per diem while on Class A travel on a midnight to midnight basis. A traveler on Class A or B travel who elects to be reimbursed on a per diem basis is allowed $20.00 for each quarter from the time of departure until the time of return. Reimbursement for Meal Allowances That Exceed the State Rates The Division shall not reimburse for any meal allowance that exceeds $6 for breakfast, $11 for lunch, or $19 for dinner unless: • For counties — the requirements of section 112.061(14), Florida Statutes, are satisfied; • The costs do not exceed charges normally allowed by the Recipient in its regular operations as the result of the Recipient's written travel policy (in other words, the reimbursement rates apply uniformly to all travel by the Recipient); and, • The costs do not exceed the reimbursement rates established by the United States General Services Administration ("GSA") for that locale (see https://www.gsa.gov/portal/content/104877). Hotel Accommodations • A traveler may not claim per diem or lodging reimbursement for overnight travel within fifty 50 miles (one-way) of his or her headquarters or residence unless the circumstances necessitating the overnight stay are fully explained by the traveler and approved by the Division. 122 Absent prior approval from the Division, the cost of any hotel accommodation shall not exceed $150 per night. • Training Costs Supporting Documentation • Copies of contracts or agreements with consultants or sub -contractors providing services; • Copies of invoices, receipts and cancelled checks, credit card statements and bank statements for proof of payment; • Copies of the agenda, certificates and/or sign in sheets (if using prepopulated sign in sheets they must be certified by the Emergency Management Director or Lead Instructor verifying attendance). For travel and conferences related to EMPA 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; • Copies of Conferences must be providing an agenda. Proof of payment is also required for all travel and conferences. If the Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Recipient must provide documentation that: The costs are reasonable and do not exceed charges normally allowed by the Recipientin its regular operations as a result of the Recipient 's written travel policy; and participation of the individual in the travel is necessary to the Federal award. E. EXERCISES Exercises conducted with grant funds should test and evaluate performance towards meeting capability targets established in a jurisdiction's Multi -Year Training and Exercise Plan (MYTEP) for the core capabilities needed to address its greatest risks. Allowable Exercise -Related Costs • Design, Develop, Conduct and Evaluate an Exercise. This includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. Recipients are encouraged to use free public space/locations/facilities, whenever available, prior to the rental of space/locations/facilities. Exercises shall provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Gaps identified during an exercise including those for children and individuals with disabilities or access and functional needs, shall be identified in the AAR/IP and addressed in the exercise cycle. • Hiring of Contractors or Consultants. Contractors or Consultants may be hired to support direct exercise activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of exercises. Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of time spent on the design, development and conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the local government. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. Travel. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise activities. 123 • Supplies. Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise activities (e.g., gloves, non-sterile masks, fuel, and disposable protective equipment). • Other Items. These costs are limited to items consumed in direct support of exercise activities such as the rental of space/locations for planning and conducting an exercise, rental of equipment, and the procurement of other essential nondurable goods. Recipient s are encouraged to use free public space/locations, whenever available, prior to the rental of space/locations. Costs associated with inclusive practices and the provision of reasonable accommodations and modifications that facilitate full access for children and adults with disabilities are allowable. When conducting an exercise that shall include meals for the attendees, the recipient shall submit a request for approval to the Division no later than twenty-five (25) days prior to the event to allow for both the Division and the Department of Financial Services to review. The request for meals must be submitted on letterhead and must include the date of exercise, agenda, number of attendees, and costs of meals. Unauthorized Exercise -Related Costs • Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). The only vehicle costs that are reimbursable are fuel/gasoline or mileage; • Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct (e.g., electronic messaging signs); • Durable and non -durable goods purchased for installation and/or use beyond the scope of exercise conduct. If the recipient seeks reimbursement for exercise activities, then the following shall be submitted: • Documentation clearly indicating the purpose/objectives of the exercise (e.g. Situation Manual, Exercise Plan); • After -action report with Improvement Plan (AAR/IP), Sign -In sheets, Agenda; • Receipts and proof of payment (e.g. canceled check, electronic funds transfer confirmation, credit card statement, bank statement) for supplies expenditures (e.g. copying paper, gloves, tap, etc.); • Invoices and proof of payment for Travel costs (e.g., internal travel voucher, airfare, mileage, per diem, hotel) related to exercise activities; • Proof of purchase methodology, if applicable (e.g. quotes, sole source, state contract, competitive bid results). No later than 90 days after completion of an exercise, the recipient must upload to the Division's SharePoint portal at: https://portal.floridadisaster.org an After Action Report (AAR) that includes the following: An Improvement Plan; and, A roster of participants. F. MANAGEMENT AND ADMINISTRATIVE (M&A) M&A activities are those defined as directly relating to the management and administration of EMPG Program funds, such as financial management and monitoring. It should be noted that salaries of state and local emergency managers are not typicallycategorized as M&A, unless the state or local EMA chooses to assign personnel to specific M&A activities. Management and Administrative Costs Supporting Documentation • Copies of certified timesheets with employee and supervisor signature documenting hours worked or Division Form 6 - Time and Effort and proof employee was paid (paystubs, earning statements, and payroll expenditure reports); • Costs for M&A activities are allowed up to 5% of the total award amount. 124 Supplanting Prohibited Section 252.372, Florida Statutes, states that the monies from the EMPA Trust Fund "may not be used to supplant existing funding." Additionally, Rule 27P-19.003(3), Florida Administrative Code, states: "Funds received from the [EMPA] Trust Fund may not be used to supplant existing funding, nor shall funds from one program under the Trust Fund be used to match funds received from another program under the Trust Fund." II. OTHER CRITICAL INFORMATION A. RULE 27P-19, FLORIDA ADMINISTRATIVE CODE Rule 27P-19.010(11), Florida Administrative Code, states: "Allowable costs shall be determined in accordance with applicable Federal Office of Management and Budget Circulars..." Therefore, unless a specific exception applies, 2 CFR Part 200 Subpart A (Definitions) and Subpart E (Cost Principles) shall apply to this Agreement. Expenses In order to qualify for reimbursement under the terms of this Agreement, an expense incurred by the Recipient must be reasonable and necessary for the successful completion of a task required by this Agreement. If an expense fails to qualify as either reasonable or necessary to successfully compete a task, then the Division shall not provide any reimbursement for that expense. NOTE: This Scope of Work recognizes that each Recipient: • Might be at a different level of preparedness than another Recipient • Operates within a unique geography • Faces unique threats and hazards • Serves a unique population Therefore, what might qualify as reasonable and necessary for one Recipient to successfully complete a task under this Agreement might not qualify as reasonable and necessary for another Recipient to successfully complete a task. Conversely, what might not qualify for one may qualify for another. In order to avoid a "one size fits all" approach, this Agreement provides some level of flexibility. If a unique cost (e.g. equipment not listed on the EMPG AEL) qualifies as reasonable and necessary for the successful completion of a task under this Agreement, and if the Recipient receives permission from the Division prior to incurring that unique cost, then the Division shall reimburse the Recipient for that cost. Performance In order to qualify for reimbursement under the terms of this Agreement, the Recipient's performance must satisfy the minimum level of service required for the successful completion of a task required by this Agreement. If the performance fails to satisfy the minimum level of service, then the Division shall not provide any reimbursement for that performance. B. INDIRECT COSTS Indirect cost is allowable under this program as described in 2 C.F.R. Part 200, including 2 C.F.R. § 200.414.Recipient s with a negotiated cost rate agreement that desire to charge indirect costs toan award must provide a copy of their negotiated indirect cost rate agreement at the time of application. Recipient s that are not required by 2 C.F.R. Part 200 to have a negotiated indirect cost rate agreement but are required by 2 C.F.R. Part 200 to develop an indirect cost rate proposal must provide a copy of their proposal at time of application. Post -award requests to charge indirect cost will be considered on case-by-case basis and based upon the submission of an agreement or proposal. C. PROCUREMENT All Procurement transactions will be conducted in a manner providing full and open competition and shall comply with the standards articulated in: 125 • 2 C.F.R. Part 200; • Chapter 287, Florida Statues; and, • Any local procurement policy. Per 2 CFR 200.318 through 200.326, Recipients are required to adhere to certain procurement standards for entering contracts for personnel or services. This includes full and open competition, methods of procurement to follow, federal or passthrough entity review, and including federal provisions intro contracts. D. FINANCIAL CONSEQUENCES Actions to Address Noncompliance: In the case of any potential or actual noncompliance, The Division may place special conditions on an award per 2 C.F.R. §§ 200.207 and 200.338, Division may place a hold on funds until the matter is corrected, or additional informationis provided per 2 C.F.R. § 200.338, or it may do both. In the event the noncompliance is not able to be corrected by imposing additional conditions or if the recipient or subrecipient refuses to correct the matter, Division may use other remedies allowed under 2 C.F.R. § 200.338. These remedies include actions to disallow costs, recover funds, wholly or partly suspend, or terminate the award, initiate suspension, and debarment proceedings, withhold further federal awards, or take other actions that may be legally available. Reference: 2 C.F.R. 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 126 FY 2020 — 2021 EMPA AGREEMENT ATTACHMENT A (2) PROPOSED PROGRAM BUDGET DETAIL WORKSHEET The Recipient shall use the Emergency Management Preparedness and Assistance ("EMPA") Trust Fund monies authorized by this Agreement in order to complete the tasks outlined in the Scope of Work (Attachment A). The "Proposed Program Budget Detail Worksheet" serves asa guide for both the Recipient and the Division during the performance of the tasks outlined in the Scope of Work (Attachment A). Prior to execution of this Agreement, the Recipient shall complete the "Proposed Program Budget Detail Worksheet" listed below. If the Recipient fails to complete the "Proposed Program Budget Detail Worksheet", then the Division shall not execute this Agreement. After execution of this Agreement, the Recipient may change the allocation amounts in the "Proposed Program Budget Detail Worksheet." If the Recipient changes the "Proposed Program Budget Detail Worksheet", then the Recipient's quarterly reports must include an updated "Proposed Program Budget Detail Worksheet" to reflect current expenditures. RECIPIENT: AGREEMENT: BUDGET SUMMARY AND EXPENDITURES INDIAN RIVER, COUNTY OF A0090 1. PLANNING $ 2. ORGANIZATION $ 3. EQUIPMENT $ 4. TRAINING $ 5. EXERCISE $ 6. MANAGEMENT AND ADMINISTRATION $ 7. TOTAL AWARD $ 105,806.00 FY 2020-2021 PROPOSED PROGRAM BUDGET DETAIL WORKSHEET - ELIGIBLE ACTIVITIES (Not limited to activities below) Allowable Planning Costs Quantity Unit Cost Total Cost Emergency Operations Plan Salaries and Fringe Benefits (Contractors and Consultants) Supplies Travel/per diem related to planning activities TOTAL PLANNING EXPENDITURES ' $ Allowable Organization Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits (EM Personnel) 127 Salaries and Fringe Benefits (Contractors and Consultants) Utilities (electric, water and sewage) Service/Maintenance agreements Office Supplies/Materials IT Software Upgrades Memberships Publications Postage Storage TOTAL ORGANIZATION EXPENDITURES $ Allowable Equipment Acquisition Costs Quantity Unit Cost Total Cost Personal protective equipment Information technology Cybersecurity enhancement equipment Interoperable communications equipment Detection Equipment. Power equipment CBRNE Reference Materials CBRNE Incident Response Vehicles Physical Security Enhancement Equipment Logistics' Other authorized equipment costs 21GN-00-OCEQ - EOC Equipment & Supplies (provide description of EOC equipment & supplies) TOTAL EQUIPMENT EXPENDITURES $ Allowable Training Costs Quantity Unit Cost Total Cost 128 Salaries and Fringe Benefits (EM Personnel) Salaries and Fringe Benefits (Contractors and Consultants) Develop, Deliver Training Workshops and Conferences Certification/Recertification of Instructors Travel Supplies Overtime and Backfill TOTAL TRAINING EXPENDITURES $ Allowable Exercise Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits (EM Personnel) Salaries and Fringe Benefits (Contractors and Consultants) Design, Develop, Conduct and Evaluate an Exercise in accordance with HSEEP standards Exercise Planning Workshop Travel Supplies Overtime and Backfill TOTAL EXERCISE EXPENDITURES Allowable Management and Administration Costs (Up to 5% of total award) . quantity Unit Cost Total Cost Salaries and Fringe Benefits (EM Personnel) TOTAL MANAGEMENT AND ADMINISTRATION 'EXPENDITURES TOTAL EXPENDITURES $105,806.00 REVISION DATE: 129 FY 2020 — 2021 EMPA AGREEMENT ATTACHMENT A (3) — QUARTERLY REPORTS Recipients must provide the Division with quarterly financial reports and a final close-out report. • Quarterly financial reports are due to the Division no later than forty-five (45) days after the end of each quarter of the program year and must continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are September 30, December 31, March 31, and June 30. Reporting Period Report due to Division no later than July 1 through September 30, November 15 October 1 through December 31 February 15 January 1 through March 31 May 15 April 1 through June 30 August 15 The Recipient shall provide the Division with full support documentation for the quarterly financial reports. A. The Recipient must provide the Division with supporting documentation for the quarterly financial reports. To eliminate large files and mailings, the Division shall accept back up documentation on a CD if desired by the county. B. The Quarterly Tasks form 1B is due with your quarterly financial report each quarter. This form identifies all Emergency Management personnel's required training completed (or working towards completion) as well as quarterly deliverables during the agreement period. C. In order to ensure compliance with Rule 27P-19.011, Florida Administrative Code, the Local Budget Match Requirement Form shall be completed and sent when the Local County Budget is approved or by November 15, 2020. The County shall provide a copy of the current Emergency Management Local Budget (General Revenue) including approved budget date with the form. If the County's current budget is lower than the previous year, or the average of the last three years, the county is required to request a Waiver no later than forty-five (45) days after the county budget is approved. D. In a format provided by the Division, Form 4 - Staffing Detail and position descriptions of each funded county emergency management staff shall be submitted no later than November 15, 2020, or along with 1st quarter reimbursement submission, whichever occurs first. E. The final close-out report is due sixty (60) days after termination of this Agreement by August 30, 2021, or 60 days after completion of activities contained in this agreement, whichever occurs first. 130 FY 2020 — 2021 EMPA AGREEMENT ATTACHMENT B JUSTIFICATION OF ADVANCE PAYMENT Indicate by checking one of the items below if you are requesting an advance. An advance payment under this Agreement is subject to section 216.181(16), Florida Statutes. NO ADVANCE PAYMENT REQUESTED . Check here: Payment will be solely on a reimbursement basis. No Additional information is required. ADVANCE REQUESTED Check here: 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, and purchase supplies and equipment. Sub -recipient would not be able to operate the program without this advance. ADVANCE CALCULATION If you are requesting an advance, complete the following chart and line item justification below. BUDGET CATEGORY/LINE ITEMS (list applicable line items) 20_-20_ Anticipated Expenditures for First Three Months of Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary, and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within 30 (30) days of receipt, along with any interest earned on the advance. 131 FY 2020-2021 EMPG AGREEMENT ATTACHMENT C 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 Division Contract Number Street Address Project Number City, State, Zip Date 132 FY 2020-2021 EMPG AGREEMENT ATTACHMENT D WARRANTIES AND REPRESENTATIONS Financial Manaqement Sub -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 (1) All procurement transactions shall be done in a manner to provide open and free competition. (2) Sub -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. (3) 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. (4) Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill for the bid or offer to be evaluated by the Recipient. All bids or offers may be rejected when it is in the Recipients interest to dorso. 133 Codes of Conduct Sub -recipient warrants the following: (1) The Sub -recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. (2) 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. (3) 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. (4) 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 Sub -recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from (Monday) through (Friday), and from (times) ( to ( )• Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all the particular work for which they are hired by the Recipient. 134 FY 2020-2021 EMPG AGREEMENT ATTACHMENT E STATEMENT OF ASSURANCES AND REGULATIONS The Recipient hereby assures andcertifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including 2 C.F.R. Part 200; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally -assisted project. Also, the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants (5 USC 1501, et. seq.). 3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a). requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 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) 135 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 sub -recipients 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 Sub -Recipient of funds, the Sub -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. 136 FY 2020 — 2021 EMPA AGREEMENT ATTACHMENT F — RESPONSE CAPABILITIES Contacts - The Recipient shall maintain current county emergency management and other contacts through the Division's SharePoint portal available at https://portal.floridadisaster.org. From the Portal main page, click "County Links", then pulldown and select "Update County Contacts." This information includes the following but not limited to: • County Director and Alternate contacts • State Mutual Aid Agreement contacts WebEOC Site Identification - The Recipient shall upload current Site Data to WebEOC available at https://eoc.floridadisaster.orq. WebEOC site Identification data includes: • Through the SERT County Emergency Sites Board via the State's WebEOC Instance or through your local instance if you are subscribed to this Board - location and attribute information of all pre -identified — o County Staging Areas (CSAs) o County Points of Distribution (PODs) Attribute information shall include at a minimum: Site Name, Site Type, Site Address, Full Address with Latitude/Longitude in decimal degrees, Primary Contact (name, e-mail, and phone) Secondary Contact (name, e-mail, and phone). Site address shall be mapped by clicking on Map icon to verify address. The following Site Information is optional: • Picture attachment of Site. • Comments regarding access, transportation routes or any planning information. SITE SUGGESTIONS: County Staging Areas (CSAs) • Sites should be located adjacent to a major highway and have the ability to establish safe one- way traffic through the compound and reasonably secured. County Staging Areas must also be located in a region that can support countywide relief operations. • For coastal counties, sites should not be located in a "Zone A" Evacuation Zone where possible, exceptions can be made. County Point of Distribution (PODs) • PODs should not be nearby a business that has water and food for sale. • Counties should focus on placing PODS in outlying areas where these types of stores are not located in -order to ensure that resources are available in those areas. • For coastal counties, sites should not be located in a "Zone A" Evacuation Zone where possible, exceptions can be made. 137 FY 2020 — 2021 EMPA AGREEMENT ATTACHMENT G — HURRICANE SHELTER RETROFIT Hurricane Shelter Retrofit - The responses collected in this task are the basis for the Shelter Retrofit Report as required by 252.38 F.S. Each county's current Shelter Inventory Spreadsheet is available on Web EOC for reference and is found on the board titled SESP Inventory. A. Please review your County's page on the SESP Inventory WebEOC board. Please review all the information and check your pet friendly shelter column for accuracy. If corrections are needed please type them in the notes box on the WebEOC page itself. If no changes are needed, please add the date reviewed in the notes box. (e.g. Reviewed 3/31/2021). B. Do you know of any new public buildings planned or under construction? (If so, please list). C. Are new public schools planned or under construction? Will any be EHPA? If not, do you anticipate providing a waiver? (If so, please list anticipated new schools and EHPA status). D. Do you have any public schools or public buildings that you would like surveyed to add to your shelter inventory or to the Retrofit Report for potential funding? (If so, please list). E. Do you have enough special needs space now and for the next 5 years? (If not, please comment here or upload your plan). F. Do your special needs shelters have an alternate source for power? Will the power source also run cooling? (If not, please comment here or upload your plan). G. How do you communicate and coordinate with your school boards, state colleges, universities and shelter partners? When was the last time you reviewed your shelter plan and policy with your shelter partners? 138 FY 2020 — 2021 EMPA AGREEMENT ATTACHMENT H— RECOVERY CAPABILITIES The following recommendations should be considered when identifying potential Disaster Recovery Center (DRC) locations: 1. Locations must be large enough for the needs of the situation (number of agencies and clients anticipated in the DRC). This may vary from a location identified as small as 1500 square feet for a small DRC to more than 5000 square feet for a large DRC. It is good to identify a variety of possible locations of different sizes within the county. The size of a DRC will vary dependent upon the number of anticipated applicants to be served within the community. 2. Consider locations that do not require a fee to use the facility and FEMA generally only pays for utilities or phone line installation. If a written agreement is made prior to occupancy, then FEMA will take responsibility for the utilities or other payments to a facility. 3. Facilities should have heat, electricity, good lighting, potable water, rest rooms, and adequate parking. 4. All locations should be compliant with the Americans with Disabilities Act of 1990, to ensure access to all individuals, including individuals with disabilities and others with access and functional needs. 5.. Appropriate emergency fire & medical support should be quickly available to the location. 6. Preferably when a DRC is established, the first 7 days should be without interruption from prior commitments (e.g. basketball games, weddings, parties, meetings, etc.). It is also important to understand that a DRC may need to remain operational for a minimum of 30 days or longer. 7. The location's owner must be willing to allow FEMA to install telephone lines and/or internet service if necessary. 8. Facilities should be available from 7:30am-7:OOpm daily, Monday through Saturday, and possibly on Sundays and holidays. ADDITIONAL CONSIDERATIONS 1. When possible, DRC facilities should be centrally located in a community to minimize travel time. Consideration must be given to the most vulnerable population. Where applicable, DRCs should be established on a public transportation route. The public should generally be familiar with the location and Custodial support should be available at the facility. 2. If necessary, the parking lot should be able to temporarily accommodate a Mobile Communication Office Vehicle (MCOV) (60'Iong x 20'wide) with an unobstructed view of the south-western sky for satellite connectivity. 3. Does the occupancy of the facility have any Environmental Planning and Historic Preservation (EPH) considerations that need to be addressed? (e.g. special flood hazard area, Historical site, etc.) 139 DRC Size Chart Small: 1500-3499 sq. ft. Medium: 3500-4999 sq. ft Large: 5000 sq. ft -Above 2. Consider locations that do not require a fee to use the facility and FEMA generally only pays for utilities or phone line installation. If a written agreement is made prior to occupancy, then FEMA will take responsibility for the utilities or other payments to a facility. 3. Facilities should have heat, electricity, good lighting, potable water, rest rooms, and adequate parking. 4. All locations should be compliant with the Americans with Disabilities Act of 1990, to ensure access to all individuals, including individuals with disabilities and others with access and functional needs. 5.. Appropriate emergency fire & medical support should be quickly available to the location. 6. Preferably when a DRC is established, the first 7 days should be without interruption from prior commitments (e.g. basketball games, weddings, parties, meetings, etc.). It is also important to understand that a DRC may need to remain operational for a minimum of 30 days or longer. 7. The location's owner must be willing to allow FEMA to install telephone lines and/or internet service if necessary. 8. Facilities should be available from 7:30am-7:OOpm daily, Monday through Saturday, and possibly on Sundays and holidays. ADDITIONAL CONSIDERATIONS 1. When possible, DRC facilities should be centrally located in a community to minimize travel time. Consideration must be given to the most vulnerable population. Where applicable, DRCs should be established on a public transportation route. The public should generally be familiar with the location and Custodial support should be available at the facility. 2. If necessary, the parking lot should be able to temporarily accommodate a Mobile Communication Office Vehicle (MCOV) (60'Iong x 20'wide) with an unobstructed view of the south-western sky for satellite connectivity. 3. Does the occupancy of the facility have any Environmental Planning and Historic Preservation (EPH) considerations that need to be addressed? (e.g. special flood hazard area, Historical site, etc.) 139 FY 2020-2021 EMPA AGREEMENT DISASTER RECOVERY CENTER BASIC REQUIRMENTS PHYSICAL LOCATION: Name: Physical Address (no PO Box): City: GPS: LAT Directions/Landmarks: County: State: Zip LONG CONTACT PERSONS (POC): Facility Point Of Contact: Name Phone: Address: City: After hours POC: Name State: Zip: Phone: Address: City: Alternative POC: Name State: Zip: Phone: Address: City: Emergency Management Director: Name Phone: Address: State: Zip: City: State: Zip: SITE CHARACTERISTICS: Date available: Begin: Cost $ DRC use parking spaces: Parking lot lights: Y❑ • End: Lease required: Y ❑ N ❑ Space available: sq. ft. Hours of use: Keys: ADA parking spaces: Total: N ❑ Outside building lights: Y❑ N ❑ ADA accessibility: Exterior notes: Response Time: Police: Fire: Nearest hospital: Name Phone: Address: Distance: Time: Local crime summary: Local hazards summary: 140 INTERIOR: # Rooms: Room Size: Room A x Room B x Room C x # Bathrooms: _ ADA Compliant: Y ❑ N ❑ Are doors secure?: Y ❑ N ❑ Comment: Are windows secure?: Y ❑ N ❑ Comment: Are Emergency lighting functional?: Y ❑ N ❑ Exit lighting functional: Y❑ N ❑ Are Fire sprinkler system functional?: Y ❑ N ❑ #Fire extinguishers: Water System: Y ❑ N ❑ City/County System: Y ❑ N ❑ Approved for drinking: Y ❑ N El Air Conditioning: Y ❑ N ❑ Fans: Y ❑ N ❑ Adequate Ventilation: Y ❑ N ❑ Is electrical power to support computer and office equipment demanded? Y ❑ N ❑ Can inside re -wiring be accomplished easily and safely? Y ❑ N ❑ Is building interior in good shape (check for water Teaks & visible hazards)? Y❑ N ❑ OFFICE CHARACTERISTICS: Internet access: Y ❑ N ❑ Wi-Fi: Y ❑ N ❑ # Fax: # Toner Cartridges: Flatbed Tabletop Copier: Y ❑ N ❑ Copy Paper Boxes # Toner Cartridges: High Speed Printer: Y ❑ N ❑ Shredder: Y ❑ N ❑ # Trash Cans: Is Janitorial & Trash pickup available? Y ❑ N ❑ # Tables: #Office chairs: # Folding chairs: Bathroom access: Y❑ N ❑ # Paper towels: # Toilet paper: # Paper cups: # Ext. cords: Comment: TELEPHONE AND/OR COMMUNICATION: FEMA cell phone signal? Y ❑ N ❑ Strength: Air Card? Y ❑ N ❑ Strength: Do phone lines already exist for DRC use? Y ❑ N ❑ How many? What is maximum phone line capacity? DSL: POTS: Switchboard: Y❑ N ❑ Phone service point in building: Phone service provider: Contact number: Phone number connected to DRC location (for tel/com reference): 141 Comments: SKETCHES: Draw location sketches: (1) Exterior: building, ADA parking & ramps, DRC, parking (2) Interior: building, rooms w/dimensions, location of outlets and telephone equipment. 142 ATTACHMENT I - REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2020 - 2021 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE - EMPA DIVISION FORM 1A - QUARTERLY FINANCIAL REPORT 1 1 1 [ AGREEMENT #: CLAIM #: i 1 1 AWARD AMOUNT: $105,806 QUARTER #: i 1 I I I I RECIPIENT: Florida Recipient REPORTING FORMS DUE DATES (45 DAYS AFTER QUARTER) 1. July 1— Sept. 30, 2020 = November 15, 2020 COUNTY: Florida County ADDRESS: 123 EM Lane, EM FL, 12345 2. October 1 — Dec. 31, 2020 = February 15, 2021 3. January 1 — March 31, 2021 = May 15, 2021 POINT OF CONTACT: Jane Doe, GM 4. April 1 - June 30, 2021 = August 15, 2021 PHONE/EMAIL:1 123 • Email.com I I EMPA ALLOCATION CATEGORIES BUDGETED ALLOCATIONS 01 CLAIM Q2 CLAIM 03 CLAIM 04 CLAIM CUMULATIVE EXPENDED FUNDS REMAINING BALANCE 1. PLANNING 510,806.00 $0.00 510,806.00 2. ORGANIZATION $20,000.00 56,500.00 P 56,500.00 $13,500.00 3. EQUIPMENT 535,000.00 50.00 r $35,000.00 4. TRAINING 520,000.00 $0.00 $20,000.00 5. EXERCISE $20,000.00 p. $0.00 IP $20,000.00 6. MANAGEMENT AND ADMIN. (Up to 5%) $0.00 $0.00 P $0.00 TOTAL P $105,806.00 $6,500.00 P $0.00 P $0.00 P $0.00 P $6,500.00 * $99,306.00 • AMOUNT OF REIMBURSEMENT FOR THIS CLAIM: By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, accurate and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth In the conditions of the 2020-2021 EMPA agreement. SIGNATURE:, . I AUTHORIZED REPRESENTATIVE DATE 1 I 1 QUARTERLY STATUS REPORT Please report EM activities, meetings, training, exercises, or other necessary information to support quarterly progression. THE SECTION BELOW IS TO BE COMPLETED BY DMSION AWARD AMOUNT DMSION DATE RECEIVED STAMP PRIOR CLAIMS I _ THIS CLAIM AMOUNT t BALANCE OF AWARD 1 I 1 I 56 143 ATTACHMENT I - REPORTING FORMS FLORIDA DIVISION OF EMERGENCY'MANAGEMENT 2020-2021 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT - EMPA DIVISION FORM 1B - QUARTERLY TASKS - I I I I I l I I I I I i l l RECIPIENT: QUARTER: I July 1 - Sept. 30 Emergency -Management Personnel _ MMS IS 100 DBMS IS 200 NIMS IS 700 IS 800 MMS)el FEMA Professional Deopmem Series OR National Emergency Management Basle Academy EM Employee Name & Position Title. - 1- 0_ 0000000000000000 N r 0) r 0' Q r tY r• r- 0_ N t- P) 1— V,— t— IZ t-• Q: N 1- 0: 0) 1- 0: <N 1— 0_ r 1- CV '. 1- Q t- 1- 0 0 N F- 0 0 n) 1- 0_ 0 7 r X 0 r- r 0_ 0000 (N t- 0 V) 1- 0' 7 1- DEWERABLESITASK REQUIREMENTS ENTER DATE COMPLETED COMMENTS Use for explanation that supports Training & Exercise progression. QRT1 QRT2 QRT3 QRT4 Ti: Provide Division Exhibit 2, certification of a full-time Emergency Management Director or part-time Coordinator. (01, any updates 02-04) Ti: Provide Division Form 4 - Staffing Detail and position descriptions for funded emergency management staff. (01, any updates 02-04) TI: Provide a quarterly report as outlined in Quarterly Reports (Attachment (A3). (Q1 -Q4) T2: Provide the Division Form 3 - Local Budget Match Requirement (02, any updates Q3-04) T2: Submit a copy of the current and accurate County Emergency Management Local Budget (General Revenue) including the budget approval date (Q2, any updates 03-04) T2: Submit copy of the local EM general revenue expenditure (general ledger) report (02, any updates 03-04) T3: Response Capabilities (Attachment F) - Maintain current county emergency management and other contacts through the • Division's SharePoint Portal including County Director and Alternate contacts. (03, any updates 04) T3: Response Capabitlties (Attachment F) - Upload current GS site data to the Division's SharePoint Portal (Q3, any updates 04) T3: Response Capabilities (Attachment F - Upload current site data to Into WebEOC to include County Staging Areas (CSAs) and • County Points of Distribution (PODS). (03, any updates Q4) T3: Attachment G - Complete the Hurricane Shelter Retrofit items A- G in the worksheet and upload into WebEOC no later than March 31, 2021. T4: Recovery Capabilities (Attachment I-0 - Identity any potential Disaster Recovery Center (DRC) locations and provide basic information in WebE0C. (04) 1 1 l Ilii i t l 11 t I I I I By signing this report I certify to the best of my knowledge and belief that the report Is true, complete, accurate and the expenditures, disbursements and cash receipts ere for the purposes and objectives set forth 1n the conditions of the 2020-2021 EMPA agreement II l 1 SIGNATURE:1 I f AUTHORED REPRESENTATIVE I PRINTED NAME: I I I I, ! II 'II i I I TITLE: DATE: I I It I I I; 1 i t : l l l i! II I 57 144 ATTACHMENT I - REPORTING FORMS *FLORIDA DIVISION OF EMERGENCYMANAGEMENT 2020-2021 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT - EMPA DIVISION FORM 2A - DETAIL OF CLAIMS I RECIPIENT:I 1 INCURRED DATE RANGE:1 Example: July 1 through November 5, 2020 Please use separate DMsion Form 2A -Detail of Claims per allocation category. Please add additional pages or lines as needed for each allocation category. Please provide FEMA AEL numbers for EQUIPMENT expenditures only. Please provide a budget revision along with this form, if expenses being claimed are not allocated on the most recently approved budget. Please include the Costs Incurred Date Range in the applicable cell above. This is usually the quartery period; however, a recipient may incorporate a larger date range to include a forgotten claim for reimbursement for a payment made the previous quarter (within the period of agreement). This allowance does not circumvent the four (4) required quarterly reporrrting forms submissions. ALLOCATION CATEGORIES — T PLEASE SELECT FROM THE UST BELOW —7--- CATEGORY: ORGANIZATION MAT I # VENDOR DESCRIPTION OF SERVICE OR EXPENSE DATE OF PAYMENTR SERVICE OR EXPENSE (Include till date) PAYMENT REFERENCE (CHECK#, PO#, ,�# etc.) PURCHASE AMOUNT _ (WA'rf equ pmenMwasuipnt �no purchased) 1 Ex Electric Company Monthly Utilities for July 2020 8/5/20 CK# 1001 $ 300.00 N/A 2 3 4 5 6 7 8 9 • 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TOTAL $ 300.00 By signing this repot, /certify to the best filmy knowledge end belief that the report Is true, complete, accurate end the expenditures disbursements end cash receipts ere for the purposes end ebJeetives set forth In the conditions of the 2020-2021 EMPA egrownem. I SIGNATURE: -1 AUTHORIZED REPRESENTATIVE PRINTED NAME: I TITLE: _ _ DATE: I f 58 145 ATTACHMENT I - REPORTING FORMS FLORIDA DMSION OF EMERGENCY 2020-2021 EMERGENCY MANAGEMENT PREPAREDNESS DIVISION FORM 2B SALARIES AND MANAGEMENT AND - DETAIL OF CLAIMS BENEFITS COSTS 1 ASSISTANCE GRANT - EMPA 1 E SALARY DEFINMON: The cash compensation for services rendered by a regular employee in an period of time. established position for a specific RECIPIENT: Florida County CLAIM #: r "1 1 1 1 1 1 1 DOES THIS CLAIM' FOR REIMBURSMENT INCLUDE ANY INCENTIVES OR SPECIAL PAY? 1 Note: If this claim includes incentives or special pay, please provide the Division with the written established policy for support. 1 I 1 EM EMPLOYEE NAME 0 EM POSITION TITLE TIME CHARGED TO EMPA SALARY FRINGE BENEFITS 1 Ex Jane Doe EM Planner 50% $ 5,000.00 $ 1,200.00 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 TOTALS r $ 5,000.00 f $ 1,200.00 TOTAL IP $ 6,200.00 By signing This report I certify to the best of my knowledge and belief that the report is true, complete, accurate and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the conditions of the 2020-2021 EMPA agreement. I SIGNATURE: 1 AUTHORIZED REPRESENTATIVE PRINTED NAME: TITLE: DATE: 1 ( 1 146 ATTACHMENT I - REPORTING FORMS FLORIDA 2020-2021 EMERGENCY . DIVISION. DIVISION MANAGEMENT LOCAL BUDGET FORM OF EMERGENCY PREPAREDNESS MATCH 3 - LOCAL MANAGEMENT AND ASSISTANCE GRANT - EMPA REQUIREMENT BUDGET MATCH 1 RECIPIENT 2020-2021 LOCAL 2019-1020 LOCAL 2018-2019 LOCAL 2017-2018 LOCAL AVERAGE (PREVIOUS 3 YEARS) LOWEST % 2020.2021 VS AVERAGE $CHANGE 2020-2021 VS AVERAGE $CHANGE 2020-2021 VS 2019-2020 AVERAGE PREVIOUS S.• (10/1/20- 9/30/21) (10/1/19- 9/30/20) (1011/18- 9/30/19) (10/1/17- 9/30/18) Florida County $100,000 $95,000 $90,000 $85,000 $90,000 AVERAGE 10% $10,000 $5,000 This form is to be comp eted and sent when the Local County Budget is approved or by the end of the first quarter. Required with this form the recipient shall provide a copy of the current Emergency Management Local Budget (General Revenue) with the approved buget date. If the Recipient's county's current budget is lower than the last year or the average of the last three previous years, the county is required to request a waiver from the Division no later than forty-five (45) days after the county budget is approved. JJ RULE 27P-19, FLORIDA ADMINISTRATIVE CODE (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 Aqency 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 outside the emergency management responsibilities assigned to the F.S., shall not be included in determining the level of county funding of shall certify compliance with this rule chapter and this rule, as a condition enforcement, criminal justice, public works or other services County Emergency Management Agency by Section 252.38, the County Emergency Management Agency.° Each county precedent to receipt of funding. (2) If the Base Grant with the match requirements authorize a reduction reductions in funding emergency management the reduction is due to across the board reductions and the certification of the intent to return to return to the current level indicating: the level of items of the County Emergency authorized by the Division. budget has been approved recipient demonstrates that exceptional financial circumstances prevent the Base Grand recipient from complying in subsection 27P-19.011(1), F:AC., then the Base Grant recipient may request that the Division in the amount of match required. The match required shall not be reduced by a percentage amount in excess of for county 911 services, emergency medical services, law enforcement, criminal justice, public works or other related services. To be eligible for any reduction, the Base Grant recipient shall demonstrate and certify that reductions in county general revenue funding and that the amount of the requested reduction is equivalent to in all county budgets. County requests for reduction shall be signed by the county's chief elected officer reduction in county budget funding shall be signed by the county's chief financial officer. Requests shall certify pre -reduced funding as soon as practicable, and shall provide an estimate of the date at which the county will of funding. Requests for reduction shall also be accompanied by financial data for the previous three years county funding for the County Emergency Management Agency budget; budget detail regarding all individual Management Agency budget; and the proposed level of funding, for all budget items, if the reduction is All requests for match reduction shall be submitted no later than forty-five (45) days after the county or by the first quarter by the governing body of the jurisdiction, or the opportunity to request shall be waived. I I I E I 1 1 I REQUIRED CERTIFICATION BY AUTHORIZED REPESENTATIVE I, certify that the above match requirements have been! and Rule 27P-19, Florida Administrative met in accordance with the 2020-2021'EMPA Agreement Code. 1 I 1, certify that - -- i (RECIPIENT'S COUNTY), will not meet the match requirement. T 1_____1 Attached is the request for waiver. i 1 1 PRINTED NAME: TITLE: ! 1 1 1 1 DATE: i 60 147 ATTACHMENT I - REPORTING FORMS FLORIDA DMSION OF EMERGENCYMANAGEMENT 2020.2021 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT - EMPA DMSION FORM 4 - STAFFING DETAIL . • COUNTY EMERGENCY MANAGEMENT AGENCY ANTICIPATED SALARIES.8. BENEFITS SUB -RECIPIENT: I FL COUNTY POINT OF CONTACT: Jane Doe, Planner I PHONE/EMAIL: 123-123-1234 EMPLOYEE INFORMATION LOCAL • STATE AND FEDERAL # Employee Name, Posidon Tide & Asea of Responslblity (Preparedness, Response, Recovery, Mtipeaan 6 Finance 01 Approx. # of Hrs. per week Devoted b EM aclbities [21 Annual Total Salaries " 0 Benefits $ by Position [31 % County General Fund (Local) 141 • " % -Other Local Funds 151 % EMPA $ EMPA Base Grant (State) P1 % EMPG $ EMPG Base Grant (Federal) (e1 % l-tAGP Planning Grant (Shale) (10] % Other State or Federal Funds [111 % '".Total AI Funds (121 Base Grant Base Grant (State)_ [6] • . (Federal) [8] 1 Jane Doe, Director, ALL 40 $ 60,000.00 50% $ 30,000.00 50°A. 100% 2 John Sndth, Planner, P, R, R 40 $ 30,000.00 0% $ - 100% $30,000.00 100% 3 $ - 50.00 0% 4 $ - 50.00- " 0% 5 $ - 00.00 0% 6 1 S - 00.00 0% 7 1 $ - $0.00 0% 8 1 $ - 50.00 0% 9 $ - $0.00 0% 10 0 - 00.00 0% 11 $ - 00.00 0% 12 1 - $ - 00.00 0% 13 1 $ - 00.00 0% 14 - $ - 00.00 0% 15 $ - 00.00 •. 0% 16 1 5 - 50.00 0% 17 $ - S0.00 0% 18 $ - 00.00 0% 19 $ - 50.00 " 0% 20 $ - 50.00 0% TOTAL $ 30,000.00 060,000.00 DIRECTIONS: • 1. In Column #1, list the name, position title and area of responsibility(s) for all Emergency Management staff, regardless if paid through grant funding. 2. In Column #2, enter the amount of anticipated hours worked per week for grant related activities for each EM position I I 3. In Column #3, list total anticipated annual amount of Salaries and Benefits to be paid for each EM position. i 1 4. In Columns #4-11, provide the funding distribution (% or $) in each applicable column I f 5. Column #12 calculates the sum of percentages entered in Columns 4 - 11 and must equal 100% of the anticipated annual salaries and benefits per EM position. 6. Please provide to the Division updates or revisions to this form throughout the period of the agreement, as necessary. 7. Tlis forth is to be submitted to the Division along with the 1st Quarter submission, or by November 15, 2020, wtdchever occas first. 61 148 ATTACHMENT I - REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2020-2021 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT - EMPA DMSION FORM 5 -CLOSE-OUT REPORT DMSION FORM 5 - CLOSEOUT REPORT shall be completed and submitted to the Division no later than sixty (60) days after the termination date of the agreement. The 2020.2021 period of agreement ends on June 30, 2021. DIVISION Form 5 is due by August 30, 2021. I I I I RECIPIENT: AGREEMENT#: I 1 1• 1 POINT OF CONTACT: EMPA AWARD AMOUNT: $ 105,000.00 I I I I PHONE/EMAIL: UNCLAIMED BALANCE: 1 $ 98,000.00 I I 1 REIMBURSEMENTS RECEIVED BY THE RECIPIENT EXAMPLE I (Include any advanced funds and Anal requested payment) ALLOCATION CATEGORIES ALLOCATIONS - DATE AMOUNT 1. PLANNING . $ 10,000.00 Example 9/30/220 $ 6,500.00 2. ORGANIZATION $ 50,000.00 3. TRAINING $ 15,000.00 4. EXERCISE $ - 5,000.00 5. EQUIPMENT $ 25,000.00 • 6. MANAGEMENT AND ADMIN. $ - $ 105,000.00 r. $ 6,500.00 I I AWARD AMOUNT: $ 105,000.00 (LESS ADVANCED FUNDS) $500.00 (LESS REIMBURSEMENTS) OF AWARD $6,500.00 $ 98,000.00 • UNCLAIMED' BALANCE 1 1 1 1 I In accordance with Rule 27P-19.011, Florida Administrative Code, base grants shall be matched at an amount either equal to the average of the prmious three years' level of county general resen e Nnding of the County Emergency Management Agency or the level of funding for the County Emergency Management Agency for the last fiscal year, whit eser is lower. Required with this torn, the county needs to proaide a copy of the current EM local budget (general resenue) and general ledger expenditure report as 01 6/30/2021. RECIPIENT 2020-2021 LOCAL 2019.2020' LOCAL •3 2018-2019 LOCAL 2017-2018 LOCAL AVERAGE OF PREVIOUS YEARS 2020-2021 EM LOCAL GENERAL REVENUE EXPENDITURES Exrnple: FL County $ - $ 100,000.00 $ 96,000.00 $ 80,000.00 $ 92,000.00 - - . SIGNATURE REQUIRED By signing this report, 1 certify to and cash receipts are for the purposes the best or my knowledge and belief that the report Is ave, complete, accurate and objectives set forth In the conditions of the 2020.2021 EMPA agreement and the expenditure; disbursements SIGNATURE AND DATE: AUTHORIZED REPRESENTATIVE PRINTED NAME AND TITLE: 1 i I I Refund andior final Interest checks are due no later than ninety(90)days after the expiration of the agreement. Please submitthisfonn and supporting documentation to: Florida Division of Emergency Management, 2555 Shumard Oak Blvd., Tallahassee, FL 32399. Attn: (Division Grant Manager) I I I 1 1 I BELOW TO BE COMPLETED BY DIVISION • SIGNATURE AND DATE:I 1 I DMSION GRANT MANAGER • I SIGNATURE AND DATE:1 " - DIVISION PROGRAMMATIC REVIEWERI 1 ( 62 149 ATTACHMENT I - REPORTING FORMS 63 150 FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2020.2021 EMERGENCY MANAGEMENT PERFORMANCE GRAM - EMPA BASE DIVISION FORM 6 - TIME AND EFFORT This term b 'Nuked to accompany rdrMursencM clahlu far eateries charged to the I r GRANT 9rant I I 1 1 EM EMPLOYEE NAME: 1� 1 i j 1 QUARTERLY REPORTING I : 12/312020 PERIOD: October 1 - December 31 i r 1 1 I I CLAIM O. PERIOD DATES:I 10/12020 TO Ex 10/012020.10/142021 Week 1 Week2 CATEGORY TOTALS ALLOCATION CATEGORY S S M T W T . F Total S S M T W T F Toted 1 PLANMNG _ 0 0 0 2 ORGANIZATION 4 4 4 12 0 12 3 TRAINING 4 4 4 4 9 4 EXERCISE 2 5 7 0 7 5 EQUIPMENT 0 0 0 6 MIGMT A ADMIN 0 0 0 DAILY TOTALS 6 0 8 0 9 0 0 0 0 0 -4 0 0 0 PERIOD ONE TOTAL, 23 PERIOD TWO TOTAL 4 27 10/15120-1013020 Week3 Week4 CATEGORY TOTALS ALLOCATION CATEGORY S 5 M T W T F Total 0 S M T W T F Total 1 PLANNING - 0 0 0 2 ORGANIZATION 0 0 0 3 TRAINING 5 5 4 4 9 4 EXERCISE 0 0 0 5 EQUIPMENT 0 0 0 8 MGMTB ADMN 0 0 0 . DAILY TOTALS 0 0 0 0 0 5 0 0 4 0 0 0 0 0 PERIOD ONE TOTAL, 5 PERIOD TWO TOTAL, 4 9 Weeks Week6 CATEGORY TOTALS ALLOCATION CATEGORY 5 S M T W T F Total S S M 7 W T F Total 1 PLANNING 0 0 0 2 ORGANIZATION 4 4 5 5 g 3 TRAINING 0 0 0 4 EXERCISE 0 0 0 5 EQUIPMENT 0 0 0 6 MGMT8, ADMIN 0 0 o DAILY TOTALS 0 0 0 0 4 0 0 0 0 0 5 0 0 0 PERIOD ONE TOTAL, 4 PERIOD TWO TOTAL, 5 9 Week 7 Week 8 CATEGORY TOTALS ALLOCATION CATEGORY S S M T W T F Total S S M T W 1 F Total 1 PLANNING 0 0 0 2 ORGANIZATION 7 8 15 0 15 3 TRAINING 0 5 5 5 4 EXERCISE 0 0 0 5 EQUIPMENT 0 0 0 6 MGMT & ADMIN 0 0 0 DAILY TOTALS 0 0 0 7 8 o a o 0 o s 0 0 o PERIOD ONE TOTAL, 15 PERIOD TWO TOTAL, 5 20 Week9 Week10 CATEGORY TOTALS ALLOCATION CATEGORY S S M T W T F Total S S M T W T F Total 1 PLANNING 0 0 0 2 ORGANIZATION 1 5 6 4 4 10 3 TWINING 0 4 4 4 4 EXERCISE 0 0 0 5 EQUIPMENT 0 0 0 6 MGMTBADMIN - 0 0 0 ONLY TOTALS 0 0 1 0 0 5 0 0 0 8 0 0 0 0 PERIOD ONE TOTAL, 6 PERIOD IWO TOTAL, 6 14 Week 11 Weak 12 CATEGORY TOTALS ALLOCATION CATEGORY S S M T W T F Total S S M T W T F Toted 1 PLANNING 0 0 0 2 ORGANIZATION 4 5 91 4 5 14 3 TRAINING 0 0 0 4 EXERCISE 0 0 0 5 EQUIPMENT 0 0 0 6 MGMT A AOAIN 0 0 0 DAILY TOTALS 0 0 0 4 0 5 0 0 0 0 1 4 0 0 PERIOD ONE TOTAL, 9 PERIOD TWO TOTAL 5 14 By elprhp this report I certify to the best of my loaeledgo end bee Oro report IA bub oorrpfote, axuram endtho erpendhres, dsbursoments and cash receipts e10 for Oro purposes endobjoo9vos cot forth M the cond4ons 0(the 2120.2021 EMPA a0reemont Employee Signature: : Date: Supervisor Signature: Data: 63 150 GRANT NAME: EMPA Grant GRANT#A0090 AMOUNT OF GRANT: $ 105,806.00 DEPARTMENT RECEIVING GRANT: Emergency Services CONTACT PERSON: Tad Stone PHONE NUMBER: 772-226-3859 1. How long is the grant for? 1 year Starting Date: July 1, 2020 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of match N/A 0% 5. Grant match amount required $ N/A 6. Where are the matching funds coming from (i.e. In Kind Services; Reserve for Contingency)? N/A 7. Does the grant cover capital costs or start-up costs? N/A If no, how much do you think will be needed in capital costs or startup costs? (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) Yes $ N/A No Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries N/A N/A N/A N/A N/A 01L.13 Other Salaries & Wages (PT) N/A N/A N/A N/A N/A 012.11 Social Security N/A N/A N/A N/A N/A 012.12 Retirement -Contributions N/A N/A N/A N/A N/A 012.13 Insurance -Life & Health N/A N/A N/A N/A N/A 012.14 Worker's Compensation N/A N/A N/A N/A N/A 012.17 S/Sec. Medicare Matching N/A N/A . N/A N/A N/A TOTAL N/A N/A N/A N/A N/A 9. What is the total cost of each position including benefits, cap'tal, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 10. What is the estimated cost of the grant to the county over five years? $ N/A Signature of Preparer: Date: June 1, 2020 151 Grant Other Match Costs First Year $ N/A $ N/A $ N/A $ N/A Second Year $ N/A $ N/A $ N/A $ N/A Third Year $ N/A $ N/A $ N/A $ N/A Fourth Year $ N/A $ N/A $ N/A $ N/A Fifth Year $ N/A $ N/A $ N/A $ N/A Signature of Preparer: Date: June 1, 2020 151 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator FROM: Tad Stone, Director Department of Emergency Services DATE: June 4, 2020 SUBJECT: Acceptance and Approval of Expenditures of Emergency Management Performance Grant Program — COVID-19 Supplemental (EMPG-S) , Agreement Number: G0080 It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: The intent of the EMPG-S funds are to support the prevention of, preparation for, and response to the ongoing Coronavirus Disease 2019 (COVID-19) public health emergency. EMPG-S funding is to support planning and operational readiness for COVID-19 preparedness and response, development of tools and strategies for prevention, preparedness, and response, and ongoing communication and coordination among federal, State, local, tribal, and territorial partners throughout the response. The total funding allocated with this agreement (G0080) is $13,506.54. EMPG-S allowable costs are divided into the following categories: Planning, Organization, Equipment and Training. The priorities under this funding opportunity will address the local response to the COVID-19 public health emergency. FEMA encourages funding to be used for: • Mitigation activities (related to slowing the spread of COVID-19); • Integration of emergency management and public health operations; • Personal Protective Equipment (PPE) inventories and establishment of burn rates to forecast future needs; and, • Planning for alternate care sites. 152 FUNDING: This is a 100% funded agreement with a non-federal match provided by the Emergency Management Preparedness Assistance (EMPA) grant, there are no additional funds required from Indian River County. The term of the agreement is from April 27, 2020 through June 30, 2021. 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. RECOMMENDATION: Staff recommends approval of the Federally Funded Subgrant Agreement (G0080), associated expenditures, and authorization of the Chairman to execute this agreement between Indian River County Emergency Management and the State of Florida, Division of Emergency Management. Item Amount Account Number Purchase and distribution of Personal Protective Equipment $5,000.00 00120825-035290-20701 EOC activities to include eligible overtime costs $5,000.00 00120825-011140-20701 Facility Disinfection (EOC, shelters, and other EM facilities) $1,500.00 00120825-035290-20701 Critical emergency supplies — shelf stable products, water and basic medical supplies $2,006.54 00120825-035290-20701 TOTAL $13,506.54 ATTACHMENTS: 1. Three (3) Original Copies of EMPG Agreement (G002) 2. Indian River County Office of Budget and Management Grant Form 153 STATE OF FLORIDA FLORIDA DIVISION OF EMERGENCY MANAGEMENT CFDA Number(s):97.042 Agreement Number: G0080 FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT EMERGENCY MANAGEMENT PREFORMANCE GRANT, COVID-19 SUPPLEMENTAL 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 "Sub -Recipient"). For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Sub -Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. 2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract." B. As defined by 2 C.F.R. §200.74, "pass-through entity" means "a non -Federal entity that provides a subaward to a Sub -Recipient to carry out part of a Federal program." C. As defined by 2 C.F.R. §200.93, "Sub -Recipient" means "a non -Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program." D. As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a non - Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." E. As defined by 2 C.F.R. §200.92, "subaward" means "an award provided by a pass-through entity to a Sub -Recipient for the Sub -Recipient to carry out part of a Federal award received by the pass- through entity." THEREFORE, Division AND Sub -Recipient agree to the following: (1) SCOPE OF WORK (a) Sub -Recipient shall perform the work in accordance with Attachment A, Scope of Work, to this agreement. (2) INCORPORATION OF LAWS, REGULATIONS, AND POLICIES (a) Sub -Recipient and Division shall be governed by all applicable State and Federal laws, rules, and regulations, including, but not limited to, those identified in Attachment D, Program Statement of Assurances. In addition, section 215.971, Florida Statutes applies to this Agreement because 2 C.F.R. 154 §200.302 states in part: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." (3) PERIOD OF AGREEMENT (a) This agreement period will begin on April 27, 2020, and will end on June 30, 2021, unless terminated earlier in accordance with provisions of this Agreement, including, but not limited to Paragraph (13) TERMINATION, of this Agreement. (4) FUNDING CONSIDERATION (a) This is a cost reimbursement agreement. Division shall reimburse Sub -Recipient for allowable costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $13,506.54, subject to legality of the expenditures, availability of funds, and appropriate budget authority. (b) Reserved (c) As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub -Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." (d) In accordance with section 215.971(1)(d), Florida Statutes, the Sub -Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of Agreement. (e) As required by section 215.971(2)(c), Florida Statutes, the Grant Manager shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. (5) REPORTS Sub -Recipients shall provide Division with all required Reports, as set forth in Exhibit 1 — Audit Requirements, to this agreement. (a) Consistent with 2 C.F.R. §200.328, the Sub -Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub -Recipient and all 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 - 155 out report. The ending dates for each quarter of the program year are September 30, December 31, March 31 and June 30. (c) The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Sub -Recipient shall provide additional program updates or information that may be required by the Division. (f) The Sub -Recipient shall provide additional reports and information identified in Quarterly Reports. (Attachment A (3)). The necessary forms for completing Quarterly Reports are located in Attachment F, Reporting Forms. (6) MONITORING (a) Sub -recipient is responsible for and shall monitor its performance under this Agreement. Sub -recipient shall monitor the performance of its contractors, consultants, agents, contractors, and the like, who are paid from funds provided under this Agreement or acting in furtherance of this Agreement. (b) In addition to reviews of audits conducted in accordance with Exhibit 1 — Audit Requirements, monitoring procedures may include, but not limited to, desk reviews and on-site visits by Division staff, limited scope audits, and other procedures. (7) SUBCONTRACTS (a) Sub -Recipient shall not contract in furtherance of this Agreement prior to receiving Division's written confirmation that the proposed contract includes the following requirements: i. Contractor is bound by all applicable State and Federal law and regulations; ii. Contractor shall indemnify and hold Division and Sub -Recipient harmless against all claims of whatever nature arising out of or related to the contractor's performance of under this Agreement, to the extent allowed by law; and iii. Prior to entering into a contract with any contractor to be paid from funds from this Agreement, Sub -Recipient shall submit to Division a completed Attachment B, Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion to this Agreement. 156 (8) AUDITS (a) Sub -Recipient's performance under this Agreement is subject to the applicable requirements published in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Title 2 of the United States Code of Federal Regulations (C.F.R.) part 200 hereinafter referred to as the "Uniform Guidance." (b) Sub -Recipient shall retain all records pertaining to this Agreement, regardless of the form of the record (e.g. paper, film, recording, electronic), including but not limited to financial records, supporting documents, statistical records, and any other documents (hereinafter referred to as "Records") for a period of five State fiscal years after all reporting requirements are satisfied and final payments have been received, or if an audit has been initiated and audit findings through ligation or otherwise. (c) If Sub -Recipient's expenditures of State of Federal awards during its applicable fiscal year(s) require it to conduct an audit in accordance with Exhibit 1 — Audit Requirements, to this Agreement, such audit will comply with all applicable requirements of Exhibit 1 — Audit Requirements, to this Agreement, section 215.97, Florida Statues, and the Uniform Guidance as applicable, and Sub - Recipient shall ensure that all related party transactions are disclosed to the auditor. (d) The reporting packages for required audits must be timely submitted in accordance with the requirements of Exhibit 1 — Audit Requirements, of this Agreement and the applicable laws, rules and audits of Federal awards conducted in accordance with Subparagraph (c) above. (9) LIABILITY (a) Unless Sub -Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub -Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement. As authorized by section 768.28(19), Florida Statutes, Sub -Recipient 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, Sub -Recipient agrees that it is not an employee or agent of the Division but is an independent contractor. (b) As required by section 768.28(19), Florida Statutes, any Sub -Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, 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, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub -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. 157 (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 terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (11) REMEDIES; 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 if: (a) Any warranty or representation made by the Sub -Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - 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) Material adverse changes occur in the financial condition of the Sub -Recipient at any time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within 30 days from the date written notice is sent by the Division; (c) Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete, or insufficient information; or, (d) The Sub -Recipient has failed to perform and complete on time any of its obligations under this Agreement. (11) REMEDIES If an Event of Default occurs, then the Division shall, after 30 calendar days written notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those 30 days, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Sub -Recipient is given at least 30 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 (3) 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 Sub -Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds; 158 (e) Exercise any corrective or remedial actions, to include but not be limited to: (f) i. Request additional information from the Sub -Recipient to determine the reasons for or the extent of non-compliance or lack of performance; ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected; iii. Advise the Sub -Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or; iv. Require the Sub -Recipient to reimburse the Division for costs incurred for any items determined to be ineligible; Exercise any other rights or remedies which may be available under law. 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 Sub -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 Sub -Recipient. (12) TERMINATION (a) The Division may terminate this Agreement for cause after 30 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 Sub -Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, 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 Sub -Recipient with 30 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. If this Agreement is terminated, the Sub - Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub - Recipient has received the notification of termination. (d) The Sub -Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub -Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub -Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub -Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub -Recipient is determined. 159 (13) PROCUREMENT (a) The Sub -Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"). (b) As required by 2 C.F.R. §200.318(i), the Sub -Recipient shall "maintain records sufficient to detail the history of procurement. These records will include but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." (c) As required by 2 C.F.R. §200.318(b), the Sub -Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub - Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. (d) Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least (15) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Sub -Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the (7) business day window outlined above. If the Sub -Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: i. Terminate this Agreement in accordance with the provisions outlined in Paragraph (13) above; and, ii. Refuse to reimburse the Sub -Recipient for any costs associated with that solicitation. (e) Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient 160 chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Sub -Recipient within 7 business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the 7 business day window outlined above. If the Sub -Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant, then the Division may: i. Terminate this Agreement in accordance with the provisions outlined in Paragraph (13) above; and, ii. Refuse to reimburse the Sub -Recipient for any costs associated with that subcontract. (f) The Sub -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 Sub -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. (g) As required by 2 C.F.R. §200.318(c)(1), the Sub -Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." (h) As required by 2 C.F.R. §200.319(a), the Sub -Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition," Accordingly, the Sub -Recipient shall not: i. Place unreasonable requirements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated companies; iv. Execute noncompetitive contracts to consultants that are on retainer contracts; v. Authorize, condone, or ignore organizational conflicts of interest; 161 vi. Specify only a brand name product without allowing vendors to offer an equivalent; vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. (i) Except in those cases where applicable Federal statutes expressly mandate or encourage otherwise, the Sub -Recipient, as required by 2 C.F.R. §200.319(b), shall not use a geographic preference when procuring commodities or services under this Agreement. (j) The Sub -Recipient shall conduct any procurement involving invitations to bid (i:e. sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes. (k) The Sub -Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b), Florida Statutes. (I) For each subcontract, the Sub -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, Florida Statutes. Additionally, the Sub -Recipient shall comply with the requirements of 2 C.F.R. §200.321 ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms"). (m) FEMA has created a Checklist for Reviewing Procurements under Grants by States, local and tribal governments, Institutions of Higher Education, Hospitals, and private non-profit organizations - 2 C.F.R. pt. 200. Revised on 11/21/18. It is available at https://www.fema.cov/media-librarv- data/1569959172327-92358d63e00d17639d5db4de015184c9/PDAT ProcurementChecklist 11-21- 2018. pdf (14) ATTACHMENTS AND EXHIBITS (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 — Audit Requirements 162 Exhibit 2— Funding Sources Exhibit 3— Single Audits Exhibit 4 — Certification & Compliance with EMPG-S Notice of Funding Opportunity (NOFO) Objectives, Priorities, and Funding Restrictions Exhibit 5 — Program Overview and Priorities Attachment A — Scope of Work Attachment A (1) — Allowable Costs and Eligible Activities — Budget Directions Attachment A (2) — Proposed Budget Detail Worksheet Attachment A (3) — Quarterly Reports Attachment B — Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Attachment C — Warranties and Representations Attachment D — Statement of Assurances Attachment E — Mandatory Contract Provisions Attachment F — Reporting Forms (15) NOTICE OF CONTACT (a) In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub -Recipient. All notices provided by Sub -Recipient under or pursuant to this Agreement shall be in writing to Division's Grant Manager and delivered by standard or electronic mail using the correct information provided in Subparagraph 16(b) below. (b) The name and address of Division's Grant Manager for this Agreement is: Contractual Point of Contact Rebekah C. Kuczwanski Florida Division of Emergency Management 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 815-4419 Rebekah.Kuczwanski@em.myflorida.com 163 (c) The name and address of Division's Programmatic Reviewer for this Agreement is: Programmatic Point of Contact Karla Brown Florida Division of Emergency Management 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 815-4357 Naytoyla.Brown@em.myflorida.com (d) The name and address of Representative of the Sub -Recipient responsible for the administration of this Agreement is: Name: Erin Baskins Title: Address: 4225 43rd Avenue Vero Beach, Florida 32967 Phone: (772) 226-3859 Email: ebaskins@ircgov.com (e) 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 to the other party. (16) PAYMENTS (a) Reserved (b) Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within 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 Sub -Recipient's quarterly reporting as referenced in Attachment A (3) — Quarterly Reports of this Agreement. (c) 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 Paragraph (4) FUNDING CONSIDERATION of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub -Recipient shall submit its closeout report within 30 days of receiving notice from the Division. (17) REPAYMENTS 164 (a) 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 (b) In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Sub -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. (18) MANDATED CONDITIONS AND OTHER LAWS (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 Sub -Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with 30 days written notice to the Sub -Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub -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) The Sub -Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. (e) 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 165 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. (f) Any Sub -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: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; (g) ii. 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; iii. 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 (18) (f)(ii) of this certification; and, iv. 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 Sub -Recipient is unable to certify to any of the statements in this certification, then the Sub -Recipient shall attach an explanation to this Agreement. (h) In addition, the Sub -Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment B) for each intended subcontractor which Sub -Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub -Recipient enters into a contract with any subcontractor. (i) The Division reserves the right to unilaterally cancel this Agreement if the Sub -Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub -Recipient created or received under this Agreement. (i) If the Sub -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. (k) 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 Sub -Recipient of the employment provisions 166 contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. (I) Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. (m) The Division may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5),Florida Statutes., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (19) FEDERAL REQUIREMENTS PERTAINING TO LOBBYING (a) 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. (b) Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." (c) 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. (d) The Sub -Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub -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. ii. 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 Sub -Recipient shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities." iii. The Sub -Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, 167 subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub -Recipients shall certify and disclose. iv. 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. (20) COPYRIGHT, PATENT, AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB- RECIPIENT TO THE STATE OF FLORIDA. (a) If the Sub -Recipient has a pre-existing patent or copyright, the Sub -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 Sub -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 Sub -Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub -Recipient to the State of Florida. (c) Within 30 days of execution of this Agreement, the Sub -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 Sub -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 (20)(b), have the right to all patents and copyrights which accrue during performance of the Agreement. (d) If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub - Recipient shall become the sole property of the Sub -Recipient. In the case of joint inventions, that is 168 inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully - paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida government purposes. (21) LEGAL AUTHORIZATION (a) The Sub -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 Sub -Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub -Recipient to the terms of this Agreement. (22) ASSURANCES (a) The Sub -Recipient shall comply with any Statement of Assurances incorporated as Attachment D. (23) RECORDS (a) As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub -Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. (b) As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub -Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. (c) As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes) and by 2 C.F.R. §200.333, the Sub -Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of 5 years from the date of submission of the final expenditure report. The following are the only exceptions to the 5 -year requirement: i. If any litigation, claim, or audit is started before the expiration of the 5 -year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. 169 ii. When the Division or the Sub -Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the 5 -year retention requirement is not applicable to the Sub -Recipient. v. Records for program income transactions after the period of performance. In some cases, Sub -Recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non -Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). vii. (d) In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub -Recipient when it determines that the records possess long-term retention value. (e) In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub -Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. (f) As required by 2 C.F.R. §200.303, the Sub -Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub -Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. (g) Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the 170 performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub -Recipient based upon the funds provided under this Agreement, the meetings of the Sub - Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. 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, Florida Statutes. (h) Florida's Public Records Law provides aright of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. (i) The Sub -Recipient shall maintain all records for the Sub -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 Proposed Budget Detail Worksheet (Attachment A (2)) and Scope of Work (Attachment A) and all other applicable laws and regulations. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (24) TERMS AND CONDITIONS (a) This Agreement contains all the terms and conditions agreed upon by the parties. 171 (25) EXECUTION (a) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (26) MODIFICATION (a) 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. (27) EQUAL OPPORTUNITY EMPLOYMENT (a) In accordance with 41 C.F.R. §60-1.4(b), the Sub -Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such 172 information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. iv. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. v. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vii. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. (b) The Sub -Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. 173 (c) The Sub -Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. (d) The Sub -Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Sub -Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub -Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub -Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (28) COPELAND ANTI -KICKBACK ACT (a) The Sub -Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. (29) CONTRACT WORK HOURS AND SAFETY STANDARDS (a) If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required 174 to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not Tess than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (30) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT (a) If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (31) SUSPENSION AND DEBARMENT (a) If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (32) BYRD ANTI -LOBBYING AMENDMENT (a) If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file 175 the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Sub - Recipient. (33) CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (a) If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub -Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; v. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (i). through v. of this subparagraph. (b) The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. (c) The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub - Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. (d) The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub -Recipient to break a single project down into smaller 176 components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). 177 STATE OF FLORIDA FLORIDA DIVISION OF EMERGENCY MANAGEMENT FEDERALLY FUNDED SUBAWARD AND GRANT AGREEMENT SIGNATURE PAGE IN WITNESS WHEREOF, the Parties have duly executed this Agreement as of the last date set forth below. SUB -RECIPIENT: By: (Name and Title) Date: 59-6000674 Federal Identification Number 079208989 DUNS Number G0080 Agreement Number STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: (Jared Moskowitz, Division Director) Date: 178 FY 2020-2021 EMPG AGREEMENT EXHIBIT 1 —AUDIT REQUIREMENTS The administration of resources awarded by Division to the Sub -Recipient may be subject to audits and/or monitoring by Division as described in this section. MONITORING Monitoring visits are performed to confirm grant requirements are being fulfilled to ensure correct and accurate documentation is being generated and to assist with any questions or concerns sub -Recipients may have related to the grant. Sub -Recipients will be monitored programmatically and financially by Division to ensure that all grant activities and project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. On-site monitoring visits will be performed according to Division schedules, as requested, or as needed. At minimum, Sub -Recipients will receive monitoring from Division once per year. If an on-site visit cannot be arranged, the Sub -Recipient may be asked to perform desk review monitoring. Additional monitoring visits may be conducted throughout the period of performance as part of corrective action when Sub - Recipients are demonstrating non-compliance. (a) The Sub -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 the Proposed Budget Detail Worksheet Attachment A(2) and Scope of Work (Attachment A) to this Agreement and reported in Quarterly Reports Attachment A(3). (b) In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub -Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. If the Division determines that a limited scope audit of the Sub -Recipient is appropriate, the Sub -Recipient agrees to comply with any additional instructions provided by the Division to the Sub -Recipient regarding such audit. The Sub -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 Sub -Recipient throughout the contract term to ensure timely completion of all tasks. 179 AUDITS The Sub -Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. In accounting for the receipt and expenditure of funds under this Agreement, the Sub -Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." When conducting an audit of the Sub -Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial. audits." If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub -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 30 days after the Division has notified the Sub -Recipient of such non-compliance. (a) The Sub -Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor 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 Sub -Recipient's fiscal year. (b) The Sub -Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or onbehalf of the Sub -Recipient, to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (c) The Sub -Recipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.html (d) The Sub -Recipient shall send any management letter issued by the auditor to the Division at the following address: 180 DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 REPORTS (a) Consistent with 2 C.F.R. §200.328, the Sub -Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub -Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. (b) Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are September 30, December 31, March 31 and June 30. (c) The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (12) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Sub -Recipient shall provide additional program updates or information that may be required by the Division. (f) The Sub -Recipient shall provide additional reports and information identified in Quarterly Reports Attachment A(3). 181 FY 2020-2021 EMPG-S AGREEMENT EXHIBIT — 2 FUNDING SOURCES I. FEDERAL RESOURCES AWARDED TO THE SUB -RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Sub -Recipient's Name: Indian River County Sub -Recipient's unique entity identifier (DUNS): 079208989 Federal Award Identification Number (FAIN): Federal Award Date: Subaward Period of Performance Start and End Date: April 27, 2020 — June 30, 2021 Amount of Federal Funds Obligated by this Agreement: $13,506.54 Total Amount of the Federal Funds Obligated to the Sub -Recipient by the pass-through entity to include the Agreement: $13,506.54 Total Amount of the Federal Award committed to the Sub -Recipient by the pass-through entity: $13,506.54 Federal award project description (see FFATA): Coronavirus Aid, Relief, and Economic Security (CARES) Act, Div. B (Pub. L. No. 116- 136); section 662 of the Post -Katrina Emergency Management Reform Act of 2006 (PKEMRA), as amended (Pub. L. No. 109-295) (6 U.S.C. § 762); Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (Pub. L. No. 93-288) (42 U.S.C. §§ 5121 et seq.); Earthquake Hazards Reduction Act of 1977, as amended (Pub. L. No. 95-124) (42 U.S.C. §§ 7701 et seq.); and National Flood Insurance Act of 1968, as amended (Pub. L. No. 90-448) (42 U.S.C. §§ 4001 et seq.) Name of Federal awarding agency: U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA), Grant Programs Directorate (GPD) Name of Pass -Through Entity: Florida Division of Emergency Management Contact information for the pass-through entity: Rebekah Kuczwanski / (850) 815-4419 Assistance Listings Number (Formerly Catalog of Federal Domestic Assistance Number): 97.042 Assistance Listings Title (Formerly Catalog of Federal Domestic Assistance (CFDA) Name: Emergency Management Performance Grant Funding Opportunity Title: Emergency Management Performance Grant Program, COVID-19 Supplemental (EMPG-S) Whether the award is R&D: No Indirect Cost Rate for the Federal Award: 182 II. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Federal Program: Sub -Recipients shall use EMPG-S funds to support the prevention of, preparation for, and response to the ongoing Coronavirus Disease 2019 (COVID-19) public health emergency. EMPG-S funding must be in accordance with applicable EMPG-S requirements as set forth in the Fiscal Year 2020 Notice of Funding Opportunity and 2 C.F.R. 200, Uniform Administrative Requirements for Federal Grants. STATE RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: N/A MATCHING RESOURCES FOR FEDERAL PROGRAMS: Federal Program: N/A SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project: N/A COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: N/A NOTE: Title 2 C.F.R. Part 200, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Sub -Recipient. 183 FY 2020 - 2021 EMPG-S AGREEMENT EXHIBIT 3 — SINGLE AUDITS AUDIT COMPLIANCE CERTIFICATION Email a copy of this form within 60 days of the end open to DEMSingle Audit@em.myflorida.com. of each fiscal year in which this was Sub -Recipient: FEIN: Sub -Recipient's Fiscal Year: Contact Name: Contact's Phone: Contact's Email: 1. Did Sub -Recipient expend the State Financial Assistance, during its fiscal year, that it received under any agreement (e.g., contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between Sub -Recipient and the Florida Division of Emergency Management (FDEM)? Yes No If the above answer is yes, answer the following before proceeding to item 2. Did Sub -Recipient exceed $750,000 or more of State financial assistance (from FDEM and all other sources of State financial assistance combined) during its fiscal year? ❑Yes No If yes, Sub -Recipient certifies that it will timely comply with all applicable State single or project specific audit requirements of section 215.97(2)(1), Florida Statutes, and the applicable rules of the Department of Financial Services and the Auditor General. 2. Did Sub -Recipient expend Federal awards during it fiscal year that it received under any agreement (e.g. contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between Sub -Recipient and FDEM? ❑Yes No If the above answer is yes, answer the following before proceeding to item 2. Did Sub -Recipient exceed $750,000 or more of State financial assistance (from FDEM and all other sources of State financial assistance combined) during its fiscal year? ❑Yes No If yes, Sub -Recipient certifies that it will timely comply with all applicable single or program — specific audit requirements of title 2 C.F.R. part 200, subpart F, as adopted and supplement by DHS at 2 C.F.R. part 200. By signing below, I certify, on behalf of Sub -recipient, that the above representations for items 1 and 2 are correct. Signature of Authorized Representative Date Printed Name of Authorized Representative Title of Authorized Representative 184 EXHIBIT 4 CERTIFICATION & COMPLIANCE WITH EMPG-S NOTICE OF FUNDING OPPORTUNITY (NOFO) OBJECTIVES, PRIORITIES, AND FUNDING RESTRICTIONS The FY 2020 EMPG-S program will provide funds to assist State, local, tribal, and territorial emergency management agencies with preventing, preparing for, and responding to the COVID-19 public health emergency. EMPG-S Sub -Recipients may only fund activities and projects that are for the purpose of preventing, preparing for, and responding to the coronavirus and are allowable within the rules prescribed by the NOFO. Funds under this award shall not be used for activities unrelated to coronavirus prevention, preparedness, or response. Consistent with 2 C.F.R. Part 200, none of the funds awarded under the NOFO may duplicate the same costs already paid for with funding from FEMA's Public Assistance Program or any other Federal program. In addition, EMPG-S funding is not eligible to be used to pay the non -Federal cost share under other Federal grant programs and/or pay back loans with the Federal government, unless expressly allowed under the terms of the Federal award. Federal funds made available through this award may only be used for the purpose set forth in this award and must be consistent with the statutory authority for the award. Award funds may not be used for matching funds for any other Federal award, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Federal funds may not be used to sue the Federal government or any other government entity. I, (Name) certify compliance with the aforementioned requirements for the 2020-2021 Emergency Management Performance Grant, COVID-19 Supplemental program. also certify that I am the official representative for (Sub -Recipient) and have authority to bind (Sub -Recipient) to this certification of compliance. Signed by: Printed Name: Title: Date: Phone/Email: 185 FY 2020 - 2021 EMPG-S AGREEMENT EXHIBIT 5— PROGRAM OVERVIEW AND PRIORITIES PROGRAM OVERVIEW: The Fiscal Year (FY) 2020 Emergency Management Performance Grant Program — COVID-19 Supplemental (EMPG-S) assists tribes and local governments with their public health and emergency management activities supporting the prevention of, preparation for, and response to the ongoing Coronavirus Disease 2019 (COVID- 19) public health emergency. EMPG-S funding is to support planning and operational readiness for COVID-19 preparedness and response, development of tools and strategies for prevention, preparedness, and response, and ongoing communication and coordination among federal, State, local, tribal, and territorial partners throughout the response. PRIORITIES: The priorities under this funding opportunity will address the local response to the COVID-19 public health emergency. FEMA encourages funding to be used for: • Mitigation activities (related to slowing the spread of COVID-19); • Integration of emergency management and public health operations; • Personal Protective Equipment (PPE) inventories and establishment of burn rates to forecast future needs; • Planning for alternate care sites; i EMPG-S funding also can be used to assist emergency managers with implementing community lifelines to prevent, prepare for, and respond to the COVID-19 public health emergency. Examples of areas eligible for funding under this funding opportunity include, but are not limited to: • Plan Development; • Jurisdictional Recovery; • Information Sharing; • Emergency Public Information and Warning and Risk Communication; • Logistics and Supply Chain Management; • Development of Distribution Management Plans. Consistent with 2 C.F.R. Part 200, none of the funds awarded under this agreement may duplicate the same costs already paid for with funding from FEMA's Public Assistance Program or any other Federal program. In addition, consistent with section C.4. — Cost Share of the EMPG-S NOFO, funding is not eligible to be used to pay the non -Federal cost share under other Federal grant programs and/or pay back loans with the Federal government, unless expressly allowed under the terms of the Federal award. 186 FY 2020 - 2021 EMPG-S AGREEMENT ATTACHMENT A — SCOPE OF WORK TASKS AND DELIVERABLES: The Sub -Recipient must successfully complete the following tasks and deliverables throughout the period of performance. Quarterly Tasks (Form1 B) will need to be provided each quarter to show completion or progress towards the completion of each task. The Sub -Recipient must also provide a certification of completion on the deliverable checklist. TASK 1: QUARTERLY MATCH The EMPG-S agreement has a 50% Federal and 50% Local match requirement. Unless otherwise authorized by law, Federal funds cannot be matched with other Federal funds. To meet the matching requirements, the Sub -Recipient contributions must be reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations. TASK 1 DELIVERABLES: • Provide Quarterly Match Form 3A to identify the non-federal match amount; • Supporting documentation is required when using local funds to satisfy the match requirement. Supporting Documentation: invoices, receipts, paystubs, earning statements, cancelled checks, credit card statements, bank statements are required quarterly for proof of payment when using local funds to satisfy the match requirement. Reporting Requirements: Quarters 1, 2, 3, and 4 TASK 2: EMPG-S COVID-19 ACTIVITY LOG EMPG-S funding is to support planning and operational readiness for COVID-19 preparedness and response. The Sub -Recipient must provide a quarterly activity log that describes activities throughout the period of performance. TASK 2 DELIVERABLES: • Provide the EMPG-S COVID-19 Activity Log Form 3B outlining activities the Sub -Recipient has conducted or will conduct throughout the period of performance. Examples of activities are listed below, but not limited to: o Emergency Operations Center (EOC) activities to include eligible overtime costs o Purchase/distribution of Personal Protective Equipment (PPE) o Planning/Contractual Services o Training Activities o Information Sharing o Other Authorized Equipment that have a COVID-19 Nexus o Facility Disinfection (EOC, shelters, and other EM facilities) o Community Feeding Support (transportation, meal purchases) o Other activities related to COVID-19. Please describe. Reporting Requirements: Quarters 1, 2, 3, and 4 187 FY 2020-2021 EMPG-S AGREEMENT ATTACHMENT A (1) ALLOWABE COSTS AND ELIGIBLE ACTIVITIES — BUDGET DIRECTIONS I. CATEGORIES AND ELIGIBLE ACTIVITIES The 2020 EMPG-S Funding Guidance allowable costs are divided into the following categories: Planning, Organization, Equipment and Training. A. PLANNING Planning makes it possible to manage the entire life cycle of a potential crisis. Strategic and operational planning establishes priorities, identifies expected levels of performance and capability requirements, provides the standard for assessing capabilities and helps stakeholders learn their roles. The planning elements identify what an organization's Standard Operating Procedures (SOPS) or Emergency Operations Plans (EOPs) should include for ensuring that contingencies are in place for delivering the capability during a large-scale disaster. This includes development of policies, plans, procedures, mutual aid agreements, strategies, and other publications. Planning also involves the collection and analysis of intelligence and information to support development of Incident Action Plans and other strategic, operational, or tactical planning activities. Plans should have prior review and approval from the respective DEM state program. Funds may not be reimbursed for any plans that are not approved. Allowable planning activities include the development or updating of plans required to support COVID-19 prevention, preparedness, and response. Such plans or planning activities may include, but are not limited to: o Emergency Operations Plans (EOPs) o Incident Action Plans o Communications Plans o Crisis/Risk Communications o Emergency Public Information and Warning Plans o Logistics/Supply Chain Management Planning o Resource Management and Allocation Plans o Distribution Management Plans o Public Health and Safety Plans o Responder Health and Safety Plans o Fatality Management Plans o Medical Countermeasure Plans o Medical Surge Capacity/Logistics Plans o Disaster Financial Management Planning o Updating of Mutual Aid Agreements o Continuity of Operations and Continuity of Government Planning o Recovery Planning Planning Costs Supporting Documentation: • Copies of completed plan or agreements with consultants or sub -contractors providing services and documenting hours worked and proof employee was paid (paystubs, earning statements, payroll expenditure reports). 188 • Copies of invoices, receipts and cancelled checks, credit card statements, bank statements for proof of payment. Reference: DHS FY 2020 EMPG-S Notice of Funding Opportunity B. ORGANIZATION EMPG-S funds may be used for emergency management operations, staffing, and other day-to- day activities in support of preventing, preparing for, and responding to the Coronavirus Disease 2019 (COVID-19) public health emergency. Proposed staffing activities must be linked to accomplishing the activities outlined in the EMPG-S Activity Log. Personnel costs, including salary, overtime, compensatory time off, and associated fringe benefits, are allowable costs with EMPG-S funds. Contracted personnel are also allowable under this category. These costs must comply with 2 C.F.R. Part 200, Subpart E — Cost Principles. Organization Costs Supporting Documentation If the Sub -Recipient seeks reimbursement for organization activities, then the following shall be submitted: • For salaries, provide copies of certified timesheets with employee and supervisor signature documenting hours worked or FDEM Form 6 - Time and Effort and proof employee was paid (paystubs, earning statements, payroll expenditure reports). • Provide Form 4 — Staffing Detail. • COVID-19 expense items need to have copies of invoices, receipts and cancelled checks, credit card statements, bank statements for proof of payment. All documentation for reimbursement amounts must be clearly visible and defined (i.e., highlighted, underlined, circled on the required supporting documentation). The Quarterly Tasks (Form 1 B) is due every quarter with the quarterly financial report. This is to identify emergency management personnel, all EMPG-S funded employees and the completion of the required tasks and deliverables as outlined in the scope of work during the agreement period. Reference: DHS FY 2020 EMPG-S Notice of Funding Opportunity C. EQUIPMENT Allowable equipment categories for the EMPG-S Program are listed on the web -based version of the Authorized Equipment List (AEL) at https://www.fema.gov/authorized-equipment-list. Unless otherwise stated, equipment must meet all mandatory regulatory and/or FEMA -adopted standards to be eligible for purchase using these funds. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. Allowable equipment includes equipment from the following AEL categories: o Personal Protective Equipment (PPE) (Section 1) o Information Technology (Section 4) o Interoperable Communications Equipment (Section 6) o Detection Equipment (Section 7) o Decontamination Equipment (Section 8) 189 o Medical Equipment (Section 9) o Power Equipment (Section 10) o Physical Security Enhancement Equipment (Section 14) o CBRNE Logistical Support Equipment (Section 19) o Other Authorized Equipment (Section 21) General Purpose Vehicles: In addition to the above, general purpose vehicles may be procured in order to carry out the responsibilities of the EMPG-S. If Sub -Recipients have questions concerning the eligibility of equipment not specifically addressed in the AEL, they should contact their Division Grants Manager for clarification. Applicants should analyze the cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technical advances. Large equipment purchases must be identified and explained. For more information regarding property management standards for equipment, please reference 2 C.F.R. Part 200, including 2 C.F.R. §§ 200.310, 200.313, and 200.316. Critical Emergency Supplies: Critical emergency supplies—such as shelf stable products, water, and basic medical supplies—are an allowable expense under EMPG-S. Each county must have the Division's approval of a five-year viable inventory management plan prior to allocating grant funds for stockpiling purposes. The inventory management five-year plan should include a distribution strategy and related sustainment costs if the grant expenditure is over $100,000. Equipment Acquisition Costs Supporting Documentation • Provide copies of invoices, receipts and cancelled checks, credit card statements, bank statements for proof of payment. • Provide the Authorized Equipment List (AEL) # for each equipment purchase. Reference: DHS FY 2020 EMPG-S Notice of Funding Opportunity D. TRAINING EMPG-S funds may be used for a range of emergency management -related training activities to enhance the capabilities of local emergency management personnel assigned to support the COVID-19 public health emergency. Allowable training -related costs include the following: Develop, Deliver, and Evaluate Training: Includes costs related to administering training, such as planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment. Training should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Any training or training gaps, including those for children and individuals with disabilities or access and functional needs, should be identified in the Multi -Year Training an Exercise Plan and addressed in the training cycle. Overtime and Backfill: Overtime costs, including payments related to backfilling personnel, which are the direct result of attendance at DHS/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 DHS/FEMA, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive 190 compensation from their unit or agency of government and from an award for a single period of time (e.g., 1 p.m. to 5 p.m.), even though such work may benefit both activities. • Travel: Travel costs (e.g., airfare, mileage, per diem, and hotel) are allowable as expenses by employees who are on travel status for official business related to approved training. • Hiring of Full- or Part -Time Staff or Contractors/Consultants: Full- or part-time staff or contractors/consultants may be hired to support direct training -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state or DHS/FEMA, whichever is applicable. • Certification/Recertification of Instructors: Costs associated with the certification and re- certification of instructors are allowed. States are encouraged to follow the FEMA Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses which involve training of trainers. For training, the number of participants must be a minimum of 15 in order to justify the cost of holding a course. For questions regarding adequate number of participants, please contact the Division State Training Officer for course specific guidance. Unless the Sub -Recipient receives advance written approval from the State Training Officer for the number of participants, then the Division must reduce the amount authorized for reimbursement on a pro -rata basis for any training with less than 15 participants. Training Costs Supporting Documentation • Copies of contracts or agreements with consultants providing services; • Copies of invoices, receipts and cancelled checks, credit card statements and bank statements for proof of payment. • Copies of the agenda, certificates and/or sign in sheets (if using prepopulated sign in sheets they must be certified by the Emergency Management Director or Lead Instructor verifying attendance). For travel related to EMPG-S 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; Reference: DHS FY 2020 EMPG-S Notice of Funding Opportunity II. OTHER ALLOWABLE COSTS: A. CONSTRUCTION AND RENOVATION Construction and renovation projects for a state, local, tribal, or territorial government's principal Emergency Operations Center (EOC), as defined by the SAA are allowable under the EMPG-S. For further guidance in regard to Construction and Renovation the Sub -Recipient may contact the Division Grants Manager. 191 B. MAINTENANCE AND SUSTAINMENT Use of DHS/FEMA preparedness grant funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable under all active grant awards, unless otherwise noted. To assist Sub -Recipients in meeting this objective, the policy set forth in IB 379 (Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding) allows for the expansion of eligible maintenance and sustainment costs, which must be: (1) In direct support of existing capabilities; (2) An otherwise allowable expenditure under the applicable grant program; (3) Tied to one of the core capabilities in the five mission areas contained within the Goal, and; (4) Shareable through the EMAC. Additionally, eligible costs may also be in support of equipment, training, and critical resources that have previously been purchased with either C. UNALLOWABLE COSTS Grant funds may not be used for: • Purchases of : firearms, ammunition, grenade launchers, bayonets, or weaponized aircraft, vessels, or vehicles of any kind with weapons installed. • Expenditures for weapons systems and ammunition. • Costs to support hiring sworn public safety officers for the purposes of fulfilling traditional public safety duties or to supplant traditional public safety positions and responsibilities. • Activities and projects unrelated to the completion and implementation of the EMPG-S. • Anything unrelated to COVID-19 planning, prevention, or response. • Consistent with 2 C.F.R. Part 200, none of the funds awarded under this agreement may duplicate the same costs already paid for with funding from FEMA's Public Assistance Program or any other Federal program. Sub -Recipients are cautioned to maintain proper recordkeeping and ensure individual expenditures are not charged to multiple federal awards, consistent with 2 C.F.R. Part 200. Sub - Recipients should consult with their Grants Manager prior to making any investment if unsure whether a cost might be duplicative or whether it meets the allowable expense criteria established in this agreement. I. OTHER CRITICAL INFORMATION A. INDIRECT COSTS Indirect cost is allowable under this program as described in 2 C.F.R. Part 200, including 2 C.F.R. § 200.414. Sub -recipients with a negotiated cost rate agreement that desire to charge indirect costs to an award must provide a copy of their negotiated indirect cost rate agreement at the time of application. Sub -recipients that are not required by 2 C.F.R. Part 200 to have a negotiated indirect cost rate agreement but are required by 2 C.F.R. Part 200 to develop an indirect cost rate proposal must provide a copy of their proposal at time of application. Post -award requests to 192 charge indirect cost will be considered on case-by-case basis and based upon the submission of an agreement or proposal. B. ENVIRONMENTAL PLANNING AND HISTORIC PRESRVATION (EHP) COMPLIANCE Sub -Recipients proposing projects that have the potential to impact the environment, including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities, must participate in the FEMA EHP review process. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so that FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. C. PROCUREMENT All Procurement transactions will be conducted in a manner providing full and open competition and shall comply with the standards articulated in: • 2 C.F.R. Part 200; • Chapter 287, Florida Statues; and, • Any local procurement policy. Per 2 CFR 200.318 through 200.326, Subrecipients are required to adhere to certain procurement standards for entering contracts for personnel or services. This includes full and open competition, methods of procurement to follow, federal or passthrough entity review, and including federal provisions intro contracts. D.FINANCIAL CONSEQUENCES Actions to Address Noncompliance: Non-federal entities receiving financial assistance from FEMA are required to comply with requirements in the terms and conditions of their awards or subawards, including the terms set forth in applicable federal statutes, regulations, NOFOs, policies, and this Manual. Throughout the award lifecycle or even after an award has been closed, FEMA or the pass-through entity may discover potential or actual noncompliance on the part of a recipient or subrecipient. This potential or actual noncompliance may be discovered through routine monitoring, audits, closeout, or reporting from various sources. In the case of any potential or actual noncompliance, the Division may place special conditions on an award per 2 C.F.R. §§ 200.207 and 200.338, the Division may place a hold on funds until the matter is corrected, or additional information is provided per 2 C.F.R. § 200.338, or it may do both. In the event the noncompliance is not able to be corrected by imposing additional conditions or if the recipient or subrecipient refuses to correct the matter, the Division may use other remedies allowed under 2 C.F.R. § 200.338. These remedies include actions to disallow costs, recover funds, wholly or partly suspend or terminate the award, initiate suspension and debarment proceedings, withhold further federal awards, or take other actions that may be legally available. Reference: DHS FY 2020 EMPG-S Notice of Funding Opportunity 193 FY 2020-2021 EMPG-S AGREEMENT ATTACHMENT A (2) PROPOSED PROGRAM BUDGET DETAIL WORKSHEET Funding from the Emergency Management Performance Grant, COVID-19 Supplemental is intended for use by the Sub -Recipient to perform eligible activities as identified in the Fiscal Year 2020 EMPG-S Notice of Funding Opportunity (NOFO) and must be consistent with 2 C.F.R. Part 200. The "Proposed Program Budget Detail Worksheet" serves as a guide for both the Sub -Recipient and the Division during the performance of the tasks outlined in the Scope of Work (Attachment A). Prior to execution of this Agreement, the Sub -Recipient shall complete the "Proposed Program Budget Detail Worksheet" listed below. If the Sub -Recipient fails to complete the "Proposed Program Budget Detail Worksheet", then the Division shall not execute this Agreement. After execution of this Agreement, the Sub -Recipient may change the allocation amounts in the "Proposed Program Budget Detail Worksheet." If the Sub -Recipient changes the "Proposed Program Budget Detail Worksheet", then the Sub -Recipient's quarterly report must include an updated "Proposed Program Budget Detail Worksheet" to reflect current expenditures. BUDGET SUMMARY AND EXPENDITURES SUBRECIPIENT: INDIAN RIVER, COUNTY OF AGREEMENT: G0080 1. PLANNING $ 2. ORGANIZATION 3. EQUIPMENT 4. TRAINING 5. TOTAL AWARD $ 13,506.54 FY 2020-2021 PROPOSED PROGRAM BUDGET DETAIL WORKSHEET - ELIGIBLE ACTIVITIES (Not limited to activities below) Allowable Planning Costs Quantity Unit Cost Total Cost Eligible Planning Activities Salaries and Fringe Benefits Supplies Travel/per diem related to planning activities TOTAL PLANNING EXPENDITURES $ Allowable Organization Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits COVID-19 expenses (provide description of covid-19 expenses) Utilities (electric, water and sewage) 194 Service/Maintenance agreements Office Supplies/Materials IT Software Upgrades Storage TOTAL ORGANIZATION EXPENDITURES $ Allowable Equipment Acquisition Costs Quantity Unit Cost Total Cost Personal Protective Equipment Information Technology Interoperable Communications Equipment Detection Equipment Decontamination Equipment Medical Equipment Power Equipment Physical Security Enhancement Equipment CBRNE Logistical Support Equipment Other Authorized Equipment TOTAL EQUIPMENT EXPENDITURES $ Allowable Training Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits Develop, Deliver Training Certification/Recertification of Instructors Travel Supplies Overtime and Backfill TOTAL TRAINING EXPENDITURES $ TOTAL EXPENDITURES $13,506.54 REVISION DATE: 195 FY 2020-2021 EMPG-S AGREEMENT ATTACHMENT A (3) QUARTERLY REPORTS Sub -Recipients must provide the Division with quarterly financial reports and a final close-out report. • Quarterly financial reports are due to the Division no later than thirty (30) days after the end of each quarter of the program year and must continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are September 30, December 31, March 31, and June 30. Reporting. Period Report due to FDEM no later than July 1 through September 30 October 30 October 1 through December 31 January 30 January 1 through March 31 April 30 April 1 through June 30 July 30 The Sub -Recipient shall provide the Division with supporting documentation for the quarterly financial reports!! The Quarterly Tasks Form 1B is due with your quarterly financial report each quarter. This form identifies the required tasks and deliverables as outlined in the scope of work and identifies funded EMPG-S personnel during the agreement period. Match Requirement: The EMPG-S agreement has a 50% Federal and 50% Local match requirement. Unless otherwise authorized by law, Federal funds cannot be matched with other Federal funds. To meet matching requirements, the Sub -recipient contributions must be reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations. Throughout the period of performance for this Agreement, the Sub -Recipient shall provide: • • Quarterly Match Form 3A to identify the non-federal match amount; Supporting documentation is required when using local funds to satisfy the match requirement. Supporting Documentation: invoices, receipts, paystubs, earning statements, cancelled checks, credit card statements, bank statements is required quarterly for proof of payment if using local funds to satisfy the match requirement. • The final Close Out report is due sixty (60) days after termination of this Agreement. 196 FY 2020-2021 EMPG-S AGREEMENT ATTACHMENT B 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 FDEM Contract Number Street Address Project Number City, State, Zip Date 197 FY 2020-2021 EMPG-S AGREEMENT ATTACHMENT C WARRANTIES AND REPRESENTATIONS Financial Management Sub -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, obligation's, 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 (1) All procurement transactions shall be done in a manner to provide open and free competition. (2) Sub -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. (3) 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. (4) Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill for the bid or offer to be evaluated by the Recipient. All bids or offers may be rejected when it is in the Recipients interest to do so. Codes of Conduct. Sub -Recipient warrants the following: (1) The Sub -Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. (2) 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 198 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. (3) 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. (4) 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 Subrecipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from (Monday) through (Friday), and from (times) ( to ( ). Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all the particular work for which they are hired by the Recipient. 199 FY 2020-2021 EMPG-S AGREEMENT ATTACHMENT D STATEMENT OF ASSURANCES AND REGULATIONS The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including 2 C.F.R. Part 200; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally -assisted project. Also, the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants (5 USC 1501, et. seq.). 3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 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) 200 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 sub -recipients 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 Sub -Recipient of funds, the Sub -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. 201 FY 2020-2021 EMPG-S AGREEMENT ATTACHMENT E MANDATORY CONTRACT PROVISIONS Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub -recipient to include the required provisions. The Division provides the following list of provisions that may be required depending upon the type of contract or subcontract being funded by this Agreement: OMB GUIDANCE PT. 200, APP. ll: Pt. 200, App. II Appendix II to Part 200—Contract Provisions for Non -Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the non -Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non -Federal entity including the manner by which it will be affected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Sub -recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non - Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of 202 mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or Sub -recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or Sub -recipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201). (I) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (J) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. (K) See § 200.322 Procurement of recovered materials. 203 FY 2020-2021 EMPG-S AGREEMENT ATTACHMENT F REPORTING FORMS FLORIDA OMSION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM. COVID-19 Supplemental 2020-2021 EMPGS REPORTING FORMS 2020.2021 QUARTERLY REPORTING FORMS QUARTERLY REPORTS INCLUDE: DIVISION Form to • Quarterly Financial Report, DIVISION Form 18. auarteIy Tasks, DIVISION Forms 2A & 28 Detail of Claims and DIVISION Form 8 - Time and Mort (if tpplicable). 1. These forms are to be submitted to the Division each quarter. 2. Complete Division Form 1A - Quarterly Fnandel Report by entering all information needed to support the Naim for reimbursement, sign and date. Include a descriptive narrative outlining quarterly progress, event& delays in the section provided. 3. Complete 01010108 Fern 18 - Quarterly Tasks to support that deliverables end tasks one berg completed as required throughout the period ofporfomianeo. sign and date. 4. The Division Form 2A - Detail of Claims & Division Fonn 28 - Detail of Claims (Salaries & Fringe) forms must accompany the Division Form 1A - Ouarto4y Fnancat Report each quarter. 6. Tho Division Form 1A - Ouartory Financial Report form must bo signed by the grant manager or somoono with equal authority. 8. Claims for reimbursement may be submitted by email to the appropriate Division Grant Manager according to applicable region or at the address below: FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 323932100 Ann: (Division Grant Manager) Olvislon Form 3A - Quarterly Match: 1. The 2020-2021 EMPGS agreement has a 50% Federal and 50% Local match requirement. Unless othereise authorized by law. Federal funds canna be matched wail other Federal funds. The Division Form 3A • Ouartedy Matdr Form shall be submitted to the Division each quarter to Identiythe non-federal match amount. The Sub -Recipient must provide supporting documentation of matching funds 0.0. invoices, receipts, paystubs, earning statements, eonselled checks. credit card statements, bank statements, etc.), when using Local funds to satisfy the match requirement. Cost -matching requirements shag be in accordance with 2 C.F.R. pert 200.306. Match contributions must be verifiable. reasonable. allowable. allocable. end necessary under the grant program end must comply with all Federal requirements end regulations. Division Form 38 - Activity Log: 1. Provide the EMPGS COVID-19 Activity Log Fenn 98 oatning adivities the Sub•reciprea has conducted or will conduct throughout the period of performance. The Division Form 35 shag be submitted to the Division each quarter. 2. Proposed staffing activates must be linked to accomplishing the activities outlined In the EMPGS COVID-18 Activity Log. Division Form 4 - Staffing Detail: 1. List EMPG funded Emergency Management Agency staff. Provide a total anticipated annual amount of Salaries end Benefits to be paid for each position. Provide the Molding distribution amount or percentage In each applicable column: local state. federal etc. Please provide the Division updates to this form as necessary. 2. Along oat the Division Form 4 -Staffing Octad, please provide position descriptions for EMPG funded stag 3. Along with the Division Form 4- Staffing Detail please provide documented pageies for any fringe benefit& Incentives or special payte be claimed through the grant Division Form 5 • dote Out Report: 1. The Division Form 5- Close Out Report is due within sixty (80) days after the period of agreement ends. The 2020.2021 EMPGS agreement has a 50% Federal end 50% Local match requirement. The appropriate Local metal supporting documentation (i.e. invoices. receipts. paystubs, earning statements, cancelled checks. credit card statement& bank statements. etc.) shall be provided to the Division along with the Form 5 - Close Out Report. 2. The agoomant cannot bo considered closed until the Division Form 5 - Close Out Report has been received and approved by the Division. Division Form 8 - Time and Effort 1. Provide copies of certified timesheets with employee and supervisor signature documenting hours worked or Otviskn Form 8 - Time and Effort. The form must account for 100% of the hours cleaned for reimbursement each quarter. EMPC-S Program NOFO 1. Consistent with 2 C.F.R. Part 200, none of the funds awarded under this Agreement may duplicate the same eosin already paid for with funding from FEMA's Pubiic Assistance Program or any other Federal program. to addition. consistent with section CA.— Cost Share of the EMPGS NOFO, fundng Is not etigrbie to be used to pay the nen-Federal cost share under other Federal grant programs andfa pay back loans with the Federal government unless expressly allowed under the terms of the Federal award. Required documentation to support project expenditures: 1. Sub -Recipients shall maintain a granVfnanciel Ilia with copies of supporting documentation for all paid projeeHprogram expendhraos claimed during the grant period Documentation of expendilures claimed for reimbursement through the grant will be reviewed and verified by Division staff. Acceptable documentation Incudes copies of purchase orders and paid vouchers, paid invoices or cancelled checks, timesheets and payroll vouchers. Joumal transfers, credit cord and bank statements, etc. These documents should be submitted when requesting reimbursement 2. All claims for reimbursement shall be submitted on the approved the Division Ouortery Fnandel Reporting forms. Claims not submitted on the proper forts or that are unsupported by proper documentation will not be processed end will be returned for add1anal support. 3. Please ensure that the documentet'wn submitted for review is legarle. 4. Please verify form cakutaticns for accuracy before submitting to the DNisten for review each quarter. 204 FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2020-2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT, COVID-19 Supplemental DIVISION FORM 1 A - QUARTERLY FINANCIAL REPORT AGREEMENT #: AWARD AMOUNT: SUB -RECIPIENT: COUNTY: ADDRESS: POINT OF CONTACT: PHONE/EMAIL: CLAIM if: } 1 1 QUARTER #: 1 REPORTING FORMS DUE DATES (30 DAYS AFTER QUARTER) 1- duty 1 - Sept. 30. 2020 (Fames areae ea tater than October 30) 2- OCObert-Oee.31,2020 (Farms tee due no later than 30) 3• Jammy t -Meath 31.2021 (Forms aro due no later Menefee 30) 4- A4i 1 -.Ane 30.2021 (Parma ora OM e4ttddr Arty SO) ENPG ALLOCATION CATEGORIES BUDGETED ALLOCATIONS 01 CLAIM 02 CLAIM 03 CLAIM 04 CLAIM CUMULATIVE EXPENDED FUNDS REMISING BALANCE 1. PLANNING 50.00 50.00 50.00 2. ORGANIZATION 5000 $0.00 50.00 3. EQUIPMENT 50.00 50.00 50.00 4. TRAINING 50.00 50.00 50.00 TOTAL $0.00 50.00 50.00 50.00 - 50.00 50.00 50.00 AMOUNT OF REIMBURSEMENT FOR THIS CLAIM: Ty stoning this repent 1 witty to the best of my I0a 1ed4e erdbeGef thX the report ie MM, aompldc and attunes, and do eepanaames aro toe t e purposas and WoOn0s set bMh to the terns end condaona of the Federal eword, 1 ern ern ere Ord any false. tidltiols, or frau:Wart IMonnaton. or the omission of any nuterid foot. me, tutted me to criminal, dr0 or erniisbuwe oenaties for fraud, false Colgate Ns. false clams or otteervrise. (U.S Code Tile 18. Section 1001 end Tile 31. Section 37294730 and 300)-3012).• SIGNATURE: AUTNORIZED R WRESENTAlIVE DATE QUARTERLY STATUS REPORT Please repast EM activities, meetings, training. or ether necessary Information to support quarterly progression THE SECTION BELOW IS TO BE COMPLETED BY THE DIVISION AWARD AMOUNT PRIOR CLAIMS THIS CLAIM AMOUNT BALANCE OF AWARD DIVISION DATE RECEIVED STAMP 205 FLORIDA DIVISION OF EMERGENCY MANAGEMENT . 2020.2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT, COVID-19 Supplemental DIVISION FORM 1B - QUARTERLY TASKS SUB -RECIPIENT: QUARTER: July 1 - Sept. 30 E MPG -S Erriergenry Management Personnel EM Emptayee Name & Pusltien Title 2. 3. 4. 5. 6. 7. 8. 8. 10. 11. 12. 13. 14. 15. OOUVERAOLESYTASK REQUIREMENTS T1: Submit Division Fore 3A - iartedy Match to identify the non-federal match amount. For those Sub -recipients using local funds to satisfy the match requirement, supporting documentation is requted with the form to support match amount reported (Due 01-04) T2: Provide the EMPG-S COVID-19 Activity log Form 3B outlining activities the Sub-reciplent has conducted 01 WO conduct throughout the period of performance. Examples of activities are fisted below, but not limited to: •Emergency Operations Center activities to include eligible overtime •Purchaseldistribu9on of Personal Protective Equipment (PPE) and OtherEquipment -Planning/Contracted Services -Training and Exercise Activities •thfonnation Sharing .Other Authorized Equipmem •EadtityDisinfection (EOC. Shelters and other EM facilities) •Other activates related to COVID-19 -Community FeedMg Support (Transportation, Meal Purchases) . (Due Q1-04) ENTER DATE COMPLETED QRT 1 GIRT ORT 3 CRT4. COMMENTS Use tor' etplrn8ien that enee tS AVVWros. "8y 9prrirp this avoir l cer'Jy k the betel my knowledge are Dere/ That the report S true, comae.% and swam*, eat the erpeaddures are 1d punpfSesMdo4ryCROS sse tele Fr tfhetans end coretunsof to Federal award Iam aim that wry fate, fc:4mm orlaadukntmfmmaEbt or Me Orlia67 0lany u,ut ti tact mayaAka meb cnmira;d+aor edmnisaatbepenar*stor lravd, false statsrents, tate dams erodlemi . (U.S. Code Tide re, SecFo, 1001 and To. 31, Sedbis3i2O-3730 and 3801-3812). SIGNATURE: PRINTED NAME: TITLE: DATE: AUTHORIZED REPRESENTATIVE 206 FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2020-2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM, COVID-19 SUPPLEMENTAL DIVISION FORM 2A • DETAIL OF CLAIMS' SUB•R ECIPIENT: INCURRED DATE RANGE: Exempte. Jury 1 growth Sep. 30.2020 Peas. use separate DMsion Fort 2A • Degan of Claims pa nacatien category. Please provide FEMA AEI: numbers for EONPNENT expenluves ONLY. Rome provide a budget rev0lon to the Ohdsion along "(MINI farm. 0 expanses being darned are not atbcated on IM most recently approved budget. Meese Include the Costs IOCIJTed Oate Range In the epplcabte con above. nes Is tawny the guarterty period: however. a Sub-Rec4fanl may Incorporate a larger date range to hetide a forgotten cbim (a reimbasin eo fora payment mane the peek= quarter MAIM the period of Ow agreement). This gnawer(' does not cirtunvore the Mut (4) required . repodfg submissions. ALLOCATION CATEGORIES CATEGORY: PLEASE SELECT FROM 1140 UST BELOW PLANNING A VENDOR . DESCRIPTION OF SERVICE OR EXPENSE - - DATE OP PAYMENT FOR SERVICE OREYPENSE' IMO...M6,1 PAYMENT REFERENCE* (Kept 0. PO. CC., Jr) - PURCHASE AMOUNT FEMA AELN 0ebnereras rat Or,wp Podrnrg 1 2 3 4 6 6 7 8 9 10 1t 12 13 14 IS 16 17 18 19 20 TOTAL 3 - '8✓Wing )010 mon. icetttyA am test a nyIMeatedt_e and bark,''Mat Aa moon a'0J(0,c0.+.yI01&and aOo1Yd:e, 014 the even:Mme7era as anParDOSee tine 0 leMNe7eel Man in 10e teens and metalsel the Federal ovme.1 am exam) that any farx, linittu., or OaUMta.Ot Infor,Ait1'n, or the orimman o1 am, =tonal Ma, may W: Vct m0 to a,mo(0 ova adna:Ctratmo apnoeas Mc -1000, ketal itatar0rka, tette eta -imam ofem ere. (V.S, Cade Tee 18, Section 100f and Tete SI, Sedans 3724-3730 and 3141a012)i,' SIGNATURE: PRINTED NAME: /TILE: DATE: AUTHORIZED REPRESENTATIVE 207 FLORIDA DIVISION OF EMERGENCY MANAGEMENT. 2020-2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM, COVIDA9 SUPPLEMENTAL DIVISION FORM 28 - DETAIL OF CLAIMS SALARIES.AND FRINGE BENEFITS SALARY DEFINITION: The cash compensation for services rendered by a regular employee to an established position to a specific period of time. SUB -RECIPIENT: CLAIM#: DOES THIS CLAIM FOR REIMBURSMENTINCLUDE EXPENSES FOR ANY INCENTIVES OR SPECIAL PAY? Nota: lir Inas clam moos rxanroes or spacial pay. pease promo ma Dtasion cath tho wrhlen estabrfned policy ror support. EM EMPLOYEE NAME EM POSITION TITLE % OF TIME CHARGED TO EM PGS SALARY FRINGE BENEFITS- 1 Example: Jane Doe EM Planner 50% 5 5.000.00 5 1.200.00 2 3 4 5 6 7 8 9 10 11 12 13 14 15 TOTALS $ 5,000.00 $ 1,200.00 TOTAL $ 6,200.00 "By signing this report, 1 certify to the best of my knowledge and belief that the report Is true complete. and accurate. and the expenditures are for the purposes and objectives set forth In the terms and conditions of the Federal award.1 am aware that any false, fictitious, or fraudulent information, or the omisiion of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims dr othenalse. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729?730 and 3801 -3812). - SIGNATURE: PRINTED NAME: TITLE: DATE: AUTHORIZED REPRESENTATIVE 208 FLORIDA DIVISION OF EMERGENCY MANAGEMENT• 2020-2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM, COVID-19 SUPPLEMENTAL • DIVISION FORM 3A - Quarterly Match SUB -RECIPIENT: QUARTERLY REPORTING PERIOD: CLAIM #: 1 July 1 - Sept. 30 1. The 2020-2021 EMPG-S agreement has a 50% Federal and 50% Local match requirement Each quarter the Sub -Recipient must Identity the Local match on the Quarterly Match Form 3A. Unless otherwise authorized by law, Federal funds cannot be matched with other Federal funds: 2. The Division Form 3A - Quarterty Match Form shall be submitted to the Division each quarter to identify the non-federal match amount 3. The Sub -Recipient must provide supporting documentation of matching funds (i.e. invoices, receipts, paystubs, earning statements, cancelled checks, credit card statements, bank statements, etc.) when using Local funds to satisfy the match requirement. EMPG-S REPORTING - AWARD AMOUNT: $ - LOCAL (General Revenue) EMPGS QUARTERLY CLAIM CUM. FUNDS EXPENDED REMAINING BALANCE QUARTER 1 S0.00 S0.00 QUARTER 2 S0.00 S0.00 QUARTER 3 S0.00 S0.00 QUARTER 4 50.00 S0.00 TOTAL S0.00 S0.00 1 S0.00 OTAL EMPG CLAIMS .0 MATCH REPORTING REQUIRED MATCH AMOUNT: $ - LOCAL (General Revenue) LOCAL (Other) OTHER (Nan -Federal) QUARTER 1 QUARTER 2 QUARTER 3 QUARTER 4 TOTAL S0.00 S0.00 1 S0.00 TOTAL MATCH 1 $0.00 "8y signing this work 1 certify to the best of my knowledge and teed that the report is true. complete. and accurate. and the expendtures are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware Mat any false, frctfious, a fraudulent information, or the omission of any material fact may subject nue to criminal, civil or administrative penalties for fraud, false statements, false claims a otherwise. (U.S. Code 77tfe 18, Section 1001 end Title 31. Sections 3729-3730 and 3801-3812)." SIGNATURE: PRINTED NAME: TITLE: DATE: AUTHORIZED REPRESENTATIVE 209 FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2020-2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT, COVID-19 SUPPLEMENTAL EMPG-S COVID-19 ACTIVITY LOG FORM 3B SUB -RECIPIENT: QUARTERLY REPORTING PERIOD: CLAIM#:f 1 July 1 - Sept. 30 1. EMPG-S funding is to support planning and operational readiness forCOVID-19 preparedness and response. The Sub -Recipient must provide a quarterly activity log that describes activities throughout the period of performance. 2. The EMPG-S COVID-19 Activity Log outlines the actMties the Sub -Recipient has conducted or will conduct throughout the period of performance. 3. Proposed staffing activities must be linked to accomplishing the activities outlined in the EMPG-S COVID-19 Activity Log. Quarterly Activities: "By signing this report (certify to the best of my knowledge and belief that the report is true, complete, and accurate and the expenditures are fa the purposes and objectives set forth in the terms and conditions of the Federal awerd. f am aware that any false, fictitious, a fraudulent information, a the omission of any material fact may subject me to criminal, civil or administrative penalties for fraud, false statements. false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." SIGNATURE: PRINTED NAME: TITLE: DATE: AUTHORIZED REPRESENTATIVE 210 FLORIDA DMSION OF EMERGENCY MANAGEMENT : 2020.2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT, COVID-19 SUPPLEMENTAL DMSION FORM 4 - STAFFING DETAIL EMERGENCY MANAGEMENT AGENCY ANTICIPATED SALARIES AND BENEFITS SUB -RECIPIENT: FLCanty POINT OF CONTACT: Jane Doe, Mariner PHONFJEMAlL: 123.123-1234 EMPLOYEEINFORMA11ON LOCAL FEDERAL TOTAL EM Employee Name, Potion Title [11 # HrsJWeelc Devoted to EliAttivites [21 S Total Salaries dBene9ts byPoston 131 % Canty General Fund (Loca9 (41 % EMPGS Base pant (Federal) (51 $ EMPGS Base Gant (Federal) 151 % Total Ai Funds [ll 1 EXAMPLE John Broth, Planner 40 $ 40,000.00 10% 50% $ 20,000.00 60% 2 S 0% 3 $ • 0% 4 $ - 0% 5 $ - 0% 6 0 " - 0% 7 $ - 0% 8 $ - 0% 9 $ - 0% 10 S • 0% 11 $ - 0% 12 $ 0% 13 $ - 0% 14 $ - 0% 15 5 - 0% 16 $ - 0% 17 S 0% 18 $ - 0% 19 $ - 0% TOTAL $ 20,000,00 Dff62C110NS: 5. In Colunn e1, is18e name at Emergency Maregement staff. 2. InColunn:2,ellerDeamoudofm6dpatedhourwakedpmweekfagrardrelatedsates tor each EMposhon 3. In Colunn 13. Idiots! asdidealad and snare of Safaftas ere Beres to be paid for each Elll poe8lon . In Colons el Paugs protides Ina turning &Mem (16 a $) In each applicable cohrnn. 5, Column*? caloJeles Ue sum of percerdages entered In Cdunrd 4.6. 6. Please provide to Om DMslar updates or revision to bis form thoughal the period of the agreemerd, es necessary. 211 FLORIDA DMSION OF EMERGENCY MANAGEMENT 2020-2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM, COV1D-19 SUPPLEMENTAL DIVISION FORM 5 - CLOSE-OUT REPORT Division FORM 5 - CLOSEOUT REPORT shall be completed and submitted to the Division no later than sixty (60) days after the period of performance ends. The 2020-2021 period of performance ends on June 30, 2021. Division FORM 5 - Close Out Report Is due by August 30, 2021. SUB -RECIPIENT: POINT OF CONTACT: PHONEfEMAIL- ALLOCATION CATEGORIES AMOUNT EXPENDITURES I.PLANIING $ - 2. ORGAN CATON $ • 3. ECUFMENT $ - 4, TRANNG S are due no tater than ninety (90) days after the eapiration of the Agreement. Redd, Ohision of Emergency Management Management, 25555humard Oak Blvd, Tallahassee, Florida 32399.2100, Attn: (Division $ - AWARDAMOUNT $ (LESS ADVANCED FUNDS) $ (LESS REMBURSEMENTS) S AGREEMENT 9: EM PG AWARD AMOUNT. S UNCLAIMED BALANCE S 3 4 REIMBURSEMENTS RECEIVED 0Y THE SUB.RECIPENT Isndode arty advanced Adds and Mel requested Oaymenl) DATE AMOUNT LOCAL (General Revenue) - $ OTHER (Non -Federal) $ 5 $ $ UNCLAIMED BALANCE OF AWARD S The Division Form 5 - Close Out Report is due within sixty (60) days after the period of agreement ends. The 2020-2021 EMPG-S agreement has a 50% Federal and 50% Local match requirement. The appropriate Local match supporting documentation (i.e. invoices, receipts, paystubs. earning statements. cancelled checks, cred) card statements, bank statements, etc.) shall be provided to the DMsion akxtg with the Fern 5 - Close Out Report. TOTAL MATCH LOCAL (General Revenue) - LOCAL (Other) OTHER (Non -Federal) SIGNATURE REQUIRED “Ely stoning Ms report, l certify and objectives set forth b, Dire terra medal fact. may subject me to Tide 31, Sections 3720-3730 and SIGNATURE AND DATE: PRINTED NAME AND TRU: Refund encircle final interest checks Make checks payable to: Caahier, Mal to: Florida Division of Emergency to the belt of my knowledge and belle/fhal the report Is true, complete, and oecurale, and the end conditions o/ the Federal award. I WTI aware that any false, fictitious, or houd0anmInformation, criminal. drfl or administrative penalties for fraud. false statements. false claims or otherwise. 3001-3811}." expenditures am for the purposes or the omission of any N.S. Code Mk ta, Section 1001 end Grant Manager) AUTHORIZED REPRESENTATIVE are due no tater than ninety (90) days after the eapiration of the Agreement. Redd, Ohision of Emergency Management Management, 25555humard Oak Blvd, Tallahassee, Florida 32399.2100, Attn: (Division BELOW TO BE COMPLETED BY FDEM: T SIGNATURE AND DATE SIGNATURE AND DATE: Divislon Grant Manager Division Programmatic Reviewer 212 0.01000 00600 or CLER00XCY MM ACCMC1fT 979@1549005050V 6.1.55.5512.5505..155 00018. 0000.II y0P0.f095TAL 051605 FORME 4510 AIA EFFORT Eb9LO5E6 fM.12 P ER100 OATES: Tot teem 5 femme to xaemp2R5 r.99.219110Rdam9 W HOMM% eabgaato 915 flat 10F1/p20 TO COARTERI.Y REP 00015E P61000: 12f91Ptl 00015151 .• 015•911342 51 CLAIMI 025 Pim! *16*! - - WM:2 CATEGORY ' 000045 ALLOCATOX CATEGORY g 5 M 2 W T' 1 Taal f f M T W T 1 i•O1 1 OROAXOAT05 • 0 A 2 5 3 5 5 10 15 5 0 0 0 • 0 0 0 5 0 0 0 a 01? 12 *2 0001.211137•11' 0 0 4 0 5 4 C 6 0 0 IT 0 0 0 PERIOD OM TOTAL 9 PERMOO TWO TOTAL 22 74 025 Pm, WQ09I W0112 GTE GORY TWA" ALLOCAT105 CATEGORY 5 5 M 5 WI 1 1001 S 6 M 1 W T 1 Teed I OROTt.R2A110$ • 5 9 0 9 1 0 5 5 10 In 3 0 0 0 0 0 n g. 0 0 0 e 0 0 0 900Y TOTALS 0 0 A 5 0 0 0 5 5 0 0 0 0 0 - 1100.100•. TOTAL 9 PERIOD 1*O TOTAL 10 f9 tate Pan. - Weti Wink CA202001 TOTAL! ALLOCATTOX CATEGORY 9 5 M 1 W T 1 Tata C 5 M T W 1 0 TAta1 0 OROAXOATIOX A 5 9 0 9 2 0 • 5 9 • 2 0 0 n 4 0 0 0 5 0 0 0 0 0 0 a DAILY YOTAL0 0 0 -V 0 a 5 0 0 4 0 5 0 0 0 Ramo°ona TOTAL 9 1.0.101) TWO 10(55 9 W 13,2 Pm4010202109 1 WM2 CT7EOORY OTAL!, *0L.0002n G7ECo0Y i f M 1 W 2 0 5RH L 9 M T W T 1 T•01 1 125043 DATIG1 ' . _ a _ 0 0 2 5 5 • • 9 5 0 0 0 • 0 0 0 6 0 0 0 a 0 0 0 EATLY70TALS 0 0 0 5 (1 0 0 0 • 0 0 0 n 0 £10000ne TOTAL 9 P26103 TWO TOTAL • 9 OT} PN, WT!a 1 WPIE 2 CATEGORY TOTALS ALLOCATION GTEOORY 2 f M 5 W 5 F Tata C C M T 90 T 0 T•to 1 0ROAROAT10n 0 0 0 2 4 4 0 0 0 5 5 5 4 0 0 0 6 0 0 0 0 0 0 0 040,5YOTAL* n n n 0 a n a n 5 n n n n - 110100 ont 501.91. • 100100 TWa 00100L 3 9 507 PIM! 16V I W00,2 CATEGORY TOTALS ALLOCATION CATEGORY S 5M 1 W T 0 Teta 5 5 M T W T F TM. 1 °ROA TOATIOX 0 0 0 • 5 9 0 0 0 5 5 5 0 6 6 6 0 0 0 0 0 0 0 0 DALT TOTALS 0 0 0 A 0 5 0 0 5 0 6 0 0 0 P001000NE TOTAL 0 0E0100 00000 51 A Ergewe•Slcommr ales SOP0N9159151.2 DISK BY mil; lx 00506 lAu_)..no De.," ',vex Ontlnet41644 tna icp61 No42.10700104'120159.56171100ceronT6 aee0X MAMMY aro 055.265102:569111)0:Rma 04614022.004 0 tae 446Y41 aware rism An Met aylake, term% 0fa1LOA9Y-AY:ar•0r10 the onniW04d5Y11I1Mlrb9. mly WOW 44440Ot+•M, Mea ealffrttl*Y 1011/010.0. tette44tenne5; tem Ok4ra combat NS. COM 100 00 5510100!1 m0 Ta05f.5MN0e 1719.1:20 anct 'OM). 213 GRANT NAME: EMPG Grant AMOUNT OF GRANT: $ 13,506.54 DEPARTMENT RECEIVING GRANT: Emergency Services CONTACT PERSON: Tad Stone PHONE NUMBER: 772-226-3859 AGREEMENT# G0080 1. How long is the grant for? 14 months Starting Date: April 27, 2020 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of match 100% 5. Grant match amount required $ 13,506.54 6. Where are the matching funds coming from (i.e. In Kind Services; Reserve for Contingency)? EMPAZrrant 7. Does the grant cover capital costs or start-up costs? N/A Yes No If no, how much do you think will be needed in capital costs or startup costs? (Attach a detail listing of costs) $ N/A 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries N/A N/A N/A N/A N/A 011.13 Other Salaries & Wages (PT) N/A N/A N/A N/A N/A 012.11 Social Security N/A N/A N/A N/A N/A 012.12 Retirement -Contributions N/A N/A N/A N/A N/A 012.13 Insurance -Life & Health N/A N/A N/A N/A N/A 012.14 Worker's Compensation N/A N/A N/A N/A N/A 012.17 S/Sec. Medicare Matching N/A N/A N/A N/A N/A TOTAL N/A N/A N/A N/A N/A 9. What is the total cost of each position including benefits, cap.tal, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 10. What is the estimated cost of the grant to the county over five years? $ N/A Signature of Preparer: Date: June 1, 2020 214 Grant Other Match Costs First Year $ N/A $ N/A $ N/A $ N/A Second Year $ N/A $ N/A $ N/A $ N/A Third Year $ N/A $ N/A $ N/A $ N/A Fourth Year $ N/A $ N/A $ N/A $ N/A Fifth Year $ N/A $ N/A $ N/A $ N/A Signature of Preparer: Date: June 1, 2020 214 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM Sg CONSENT TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., Assistant Public Works Director FROM: Robert S. Skok, Infrastructure Project Manager SUBJECT: Award of Bid No. 20200021 58th Avenue (From North of 57th Street to 85th Street/CR510) Full Depth Reclamation Project, FM No. 436416-1-54-01, IRC -1325 DATE: May 29, 2020 DESCRIPTION AND CONDITIONS On May 8, 2018, the Board of County Commissioners approved a Small County Outreach Program (SCOP) Grant from the Florida Department of Transportation (FDOT) in the maximum amount of $1,946,618.00 for Construction and CEI services for the rebuilding of 58th Avenue from north of 57th Street to 85th Street. The project consists of reconstructing the roadway utilizing full depth reclamation, milling and resurfacing, widening the existing shoulders to 5 -feet, structural asphalt, surface asphalt, drainage improvements, waterline directional bore, utility adjustments, intersection improvements & signalization at 69th Street, signing, and pavement markings. A bid opening for the 58th Avenue Full Depth Reclamation project was held on April 23rd, 2020. Three (3) bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follows: COMPANY BID Timothy Rose Contracting, Inc. Vero Beach, FL $7,330,842.90 Ranger Construction Industries, Inc. Ft. Pierce, FL $7,928,361.42 C.W. Roberts Contracting, Inc. Tallahassee, FL $8,384,577.77 Timothy Rose Contracting, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $7,330,842.90, $228,557.05 below the Engineer's Cost Estimate. Timothy Rose Contracting, Inc. has completed various projects within the County in a satisfactory manner. On May 26, 2020, FDOT granted concurrence having reviewed Bid Tabulations and Contract Documents presented by staff. 215 FUNDING Per the SCOP grant agreement, the County must fund the project and then request reimbursement of the grant share from FDOT to a maximum amount of $1,946,618.00 or 75% of the total cost for the project. Funding for the project in the amount of $7,330,842.90 is partially funded in Secondary Road/58th Ave Resurfacing (57th Street to CR510) in the County's. 2019/2020 Capital Improvement Element. As the project has expanded, funding for the County's cost share in the amount of $5,384,225.00 will be funded by a budget amendment to Account Number 31521441-066510-16023 Optional Sales Tax/58th Ave Resurfacing (57th Street to CR510). The potential to partially fund this project with Traffic Impact Fees will be reevaluated when the 2020/2021 Capital Improvement Element is formulated. RECOMMENDATION Staff recommends.. the project be awarded to Timothy Rose Contracting, Inc. in the amount of $7,330,842.90. Staff further recommends the Board approve the sample agreement and authorize the Chairman to execute said agreement after review and approval of both the agreement and required Public Construction Bond by the County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance by the Risk Manager. ATTACHMENTS Sample Agreement AGENDA ITEM FOR JUNE 9, 2020 216 SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE 1- WORK 2 ARTICLE 2 - THE PROJECT / / 2 ARTICLE 3 — ENGINEER 2 ARTICLE 4 - CONTRACT TIMES ARTICLE 5 - CONTRACT PRICE ARTICLE 6 - ARTICLE 7 - PAYMENT PROCEDURES INDEMNIFICATION ARTICLE 8 - .r/-/ 3 \\\\ \\\CONTRACTOR'S REPRESENTATIONS 5 \\ 3 5 ARTICLE 9 - CONTRACT DOCUMENTS 6 A: ARTICLE 10 - MISCELLANEOUS 7 THE -REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLYI 217 SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as,specified or indicated in the Contract Documents. The Work is generally described as follows: The proposed improvements to 58th Avenue fromnorth f 57t Streetto 859' Street and 69th Street from Sta 11+84 to Sta 30+47(consist'of reconstructing the ioadway utilizing full depth reclamation, milling and resurfacing, widening the xisting shoulders to 5 -feet, structural asphalt, surface asphalt,-drainag\impr,vements, waterline directional bore, utility adjustments, signing, and pavement markings! This project/is an F.D.O.T. Small County Outreach Program (SCOP) fundedproject, FM No. 436416-1-54-01. ARTICLE 2 - THE PROJECT 2.01 The Project for which,the Wlk�undeithe Contract Documents may be the whole or only a part is generally described'as follows: \ \ \) Projec Name: 58TH AVENUE (FROM NORTH OF 57TH STREET TO 85TH�`�STREET)_ FULL DEPTH RECLAMATION County Project'Nurnber: `IRC -1325 FM Number: 436416 1-54-01 Bid Number:�2020021N-I Project Adtlress: 58th Avenue (North of 57th Street to 85th Street) Vero Beach, Florida 32967 1 .> ARTICLE 3 - ENGINEER 3.01 The Indian River -County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 218 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 365th calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 395th calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereo611owed in accordance with Article 12 of the General Conditions. Liquidated'demages will commence for thissportion of work. The parties also recognize the delays, expenseand difficulties involved improving in a legal proceeding the actual loss suffered-by.OWNER if the Work'is not completed on time. Accordingly, instead of req uiring,any,such proof�OWNER and_CONTRACTOR agree that as liquidated damages for delay (but not as a \penalty),CONTRACTOR shall pay OWNER $3,645.00 for each calendar day that expiresfter the time specified in paragraph 4.02 for Substantial Completion until,thetWork is substantially complete. After Substantial Completion, if CONTRACTOR shall.neglect, refuse, or fail to complete the remaining Work within the Contact\Time or'`any\proper extension thereof granted by OWNER, CONTRACTOR shall pay'OWNER $3,645.00 for each calendar day that expires after the time specifies d in.paragra0`4.0219r,completion and readiness for final payment until the Work is completed end read'yfor final.,paym ent. ARTICLE 5 - CONTRACT PRICE \ 5.01 OWNER shall\pay CONTRACTOR for completion of the Work in accordance with the Contract Docu7ents1 a -amount\incurrent funds equal to the sum of the amounts determined pursuant to paragraph 5:01.A and summarized in paragraph 5.01.B, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE-CONTRACT'SUM subject to additions and deductions provided in the Contract:: NumericalAmount: $ Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 219 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to -CONTRACTOR until final completion and acceptance of all work to be performed'by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fiftypercent(50%)of thetotal cost of the construction services work P� ,� purchased under the Contract Documents, together with all costs associated with c existing change orders and other additions or modifications to the construction services workP rovided under the Contract Documents. \\\6.03 .Pay Requests. A. Each request for a progress payment shall be subrnitted'on"the application for payment form suppliedrby\OWNER and thelapplication for payment shall contain the CONTRACTOR'S certif cation .All progress payments will be on the basis of • progress of the work measuredhby therschedule of values established, or in the case of unit price work 'based\on the'"number of units completed. After fifty percent (50%o)-,,pmpletion\ and\pursuaritt to Florida Statutes section 218.735(8)(d)`, `th\e CONTRACT,OR'may\submit a pay request to the County as OWNER for up,to\onehalt(1/2) of the retainage held by the County as OWNER, and -the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the -subject of a good faith dispute; the subject of a claim pursuant to Florid"Statutes-section 255.05; or otherwise the subject of a claim\or\ demand by the`County as OWNER or the CONTRACTOR. The CONTRACTOR -acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontrctorkand suppliers. Pursuant to Florida Statutes section 218.735(8)(c), --__CONTRACTO`R'\further acknowledges and agrees that: 1) the County as OWNER"shalLreceive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent -(5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. 220 A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and/others in accordance with paragraph 6.20 (Indemnification) of the General Conditions ttoo he Construction Contract. 7.02 "To the fullest extent permitted by law, the Recipient's` contra r/consultant shall indemnify and hold harmless the Recipient and the StateNof F,londa, Department of Transportation, including the Department's officers and employees, from\ liabilities, damages, losses and costs, including, but not limitedto, reasonable\attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor or consultant and persons,employed or utilized,by the contractor or consultant in the performance of this Agreement." `\\ ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS/ 8.01 In order to induce OWNER to enter into.thi greement CONTRACTOR makes the following representations: 4 \ \ \ ' A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in,the"Bid g Documents. B. CONTRAC OTOT 7 ---.... \,\'- visited Site and` come familiar with and is satisfied as to the general, loal�and Site conditions\that may'affect cost, progress, and performance of the Work. CONTRACTOR'is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has\carefully studied all: (1) reports of explorations and tests of subsurface conditions at'or contiguous to the Site and all drawings of physical conditions in or relating to1existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as -provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, 221 expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and/drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts,,errors, ambiguities, or discrepancies that CONTRACTOR has discovfiered in the Contract\Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. / ,) J. The Contract Documents are generally' sufficient`to indicate and conveywunderstanding of all terms and conditions for performancet,and furnishing Of,th\e,Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents ti A. The Contract Documents.consist ofth ;ollowing: \\\ \\\\ 1. This Agreement (pages 00520-1 to -00520-10, inclusive); 2. Noticet� o Proceed (page,00550-1);,..„` 3. Public Construction ond (pages,00610-1 to 0610-3, inclusive); 41 -Sample Certificate"of,Liability Insurance (page 00620-1); 5. Contractor's ApIi pIiCation for Payment (pages 00622-1 to 00622-6 inclusive); 6. Certificate of,Substantial Completion (page 00630-1 to 00630-2, inclusive); 7. Contractors` nal Certification of the Work (page 00632-1 to 00632-2, inclusive); 8. Professional Surveyor and Mapper's Certification as to Elevations and Locations of the Work (page 00634-1); 9. General Conditions (pages 00700-1 to 700-45 inclusive); 10. Supplementary Conditions (pages 00800-i to 00800-11, inclusive); 11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions); 12. Drawings consisting of a cover sheet and sheets numbered 1 through 188, sheets S1 through S46 and sheets T1 through T9, inclusive, with each sheet bearing the 222 following general title: 58th Avenue (57th St to 85th St) Reclamation Project. Water Main Relocation Plans sheets numbered C0.0 through D1.1, inclusive; 13. Addenda (if applicable ); 14. Appendices to this Agreement (enumerated as follows): Appendix A — Permits Appendix B — Indian River County Fertilizer Ordinances Appendix C — Indian River County Traffic Engineering Division Special Conditions for Right-of-way Construction Appendix D — Geotechnical Reports 15. CONTRACTOR'S BID (pages 00310-1 to 00310-12,/inclusive); 16. Bid Bond (page 00430-1); 17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 18. Sworn Statement Under the Floridr a Ti enc�Safety Act (pages 00454 to 00454-2, inclusive); 1 19. Qualifications Questionnaire page 00456=1, to 00456-3, inclusive); 20. List of Subcontractors (page,00458-1); 21. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1);\`` \\\\. 22. The following which may\be'delIvered\or issued on or after the Effective Date of the Agreement and are not°attached here a) Written Amendments; b) Work Change'Directives; c) --Change Oder s); ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 223 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to bevoid/or uenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER‘nd ONTRACTOR, who agrthat the Contract Documents shall be reformed to replace such stricken provision or ee part thereof with a valid and enforceable provision that comes as close as possible to /or the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the'State of Florida. Venue for any lawsuit brought by either party againsttthi"other paity,,Or otherwise arising out of this Contract shall be in Indian River County, Florida,' or,, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Complia ce A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall -comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) (Keep and maintain.publi ecords required by the County to perform the service. (2)\Upon-request fr rn` t County's Custodian of Public Records, provide the County with a copy-of_the-requestied records or allow the records to be inspected or copied within a reasonable time at\acost�that does not exceed the cost provided in Chapter 119 or as otherwise provided by (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of 224 Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecordsCcr�.ircgov.com Indian River County Office of the -County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with,thes equirementsshall be amaterial breach of this Agreement. [Thrn elrernainderof this pagewas'left blank intentionally] 225 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on 20_ (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: Susan Adams, Chairman By: Jason E. Brown, County Administrator / APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and`Gomptroller Attest: Deputy Clerk` (SEAL)� V Designated Representative: Name:James W -Ennis, PSE.\PMP Title: Assistant Public WorkssDrector 1801 27th Street �, \ Vero Beach, Florida 32960 (772) 226-1221 ._.--" 1 Facsimile: (772) 778-9391 By: KS (Qbntractor) (CORPORATE . SEAL) Attest\ \ Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) **END OF SECTION** 226 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Michael L. Heller, Project Specialist SUBJECT: Change Order No. 1 and Payment for Demolition of 1200 37th Street (IRC -2012) DATE: May 28, 2020 DESCRIPTION AND CONDITIONS On March 3, 2020, the Board of County Commissioners awarded Bid No. 2020026 to South Florida Building, Inc. in the amount of $54,094.00 to demolish a 10,386 square foot building for right-of-way and stormwater treatment for the planned extension of 11th Drive from 37th Street to 41St Street. Change Order No. 1 is to include a $649.00 hazmat disposal fee for medical waste material discovered during demolition bringing the final contract price to $54,743.00. The project has successfully been completed and South Florida Building, Inc. is requesting payment in the amount of $54,743.00 on Invoice No. 2057, dated May 26, 2020. FUNDING Funding in the amount of $54,743.00 for is available in Optional Sales Tax/37th St/US 1 to Indian River Blvd., Acct# 31521441-066510-13009. RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of South Florida Building, Inc. Invoice No. 2057 in the amount of $54,743.00 for payment of the demolition of 1200 37th Street. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION South Florida Building, Inc. Invoice No. 2057 Change Order No.1 APPROVED AGENDA ITEM FOR JUNE 9, 2020 227 South Florida Building, Inc. 11718 SE Federal Hwy Unit 222 Hobe Sound, FL 33455 US 561-612-4300 office@buildingdesignsinc.net www.buildingdesignsinc.net INVOICE BILL TO 1200 37th St - Indian River 1200 37th St Vero, Beach 32960 United States INVOICE # 2057 DATE 05/26/2020 DUE DATE 06/25/2020 TERMS Net 30 DATE ACTIVITY DESCRIPTION Demolition Demolition of 1200 37th Street Bid # 202226 Change Order Hazmat Disposal QTY 1 RATE AMOUNT 54,094.00 54,094.00 649.00 649.00 BALANCE DUE $54,743.00 228 SECTION 00942 - Change Order Form No. 1 DATE OF ISSUANCE: JUNE 9, 2020 EFFECTIVE DATE :JUNE 9. 2020 OWNER: Indian River County CONTRACTOR South Florida Building, Inc. Project: IRC -2012 OWNER'S Bid No. 2020026 You are directed to make the following changes in the Contract Documents: Description: Disposal of hazardous medical waste. Reason for Change Order: Discovered during building demolition. Attachments: (List documents supporting change) Receipt from MedWaste Solutions, Inc. CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $54,094.00 Net increase (decrease) this Change Order: Final Completion: Net increase of this Change Order: $649.00 (days) 60 Contract Price with all approved Change Orders: $54.743.00 ACCEPTED: By:South Florida Building, Inc. CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: Final Completion: (days) 60 Net increase (decrease) this Change Order: Final Completion: (days) 0 Contract Time with all approved Change Orders: Final Completion: (days) 60 RECOMMENDED: By: Michael L. Heller ENGINEER (Signature) Date: APPROVED: By:Richard B. Szpyrka, P.E. OWNER (Signature) Date: 229 xc INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP Community Development Director FROM: Bill Schutt, AICP Chief, Long Range Planning DATE: May 29, 2020 SUBJECT: Resolution Authorizing the Community Development Department Director, On Behalf of the Indian River Board of County Commissioners, to Execute Single -Family Affordable Housing Impact Fee Waiver/Reduction Agreements and Request for Approval of a Proposed Template Affordable Housing Impact Fee Waiver/Reduction Agreement It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of June 9, 2020. DESCRIPTION & CONDITIONS On February 18, 2020, the Board of County Commissioners (BCC) approved a list of recommendations from the County's Affordable Housing Advisory Committee (AHAC). Included in that list was a recommendation that the BCC provide for an impact fee exemption for new single family housing units of less than 1,000 square feet under air when occupied by households earning no more than 80% of Area Median Income (AMI); and a 50% impact fee reduction for new affordable single family housing units of between 1,000 and 1,500 square feet under air when occupied by households earning no more than 80% of AMI. On March 10, 2020, as part of an overall county impact fee study, the BCC adopted a new impact fee schedule with an effective date of June 15, 2020. Included in that schedule are the two new single family affordable housing land use categories. At this time, it is requested that the BCC review and consider a resolution (Attachment 1) delegating authority to the 'Community Development Director to execute Single -Family Affordable Housing Impact Fee Waiver/Reduction Agreements (Attachment 2) consistent with BCC direction. ANALYSIS Consistent with Florida Statutes Sections 163.31801 the County may provide an exception or waiver 230 for an impact fee for the development or construction of affordable housing, as defined in s. 420.9071. Jurisdictions that choose to do so are not required to use any revenues to offset the impact. The new single family housing unit impact fee waiver/reduction categories while consistent with Florida Statute, are more narrowly defined than the broad allowances allowed by State Statute. This is due to the initial desire to encourage the construction of smaller affordable housing for homeownership and/or rental and due to the fact that single family housing impact fee rates are higher than multi -family housing impact fee rates. As discussed at the February 18, 2020 BCC meeting, the BCC could in the future consider impact fee waivers/reductions for multi -family affordable housing. This will be brought to the AHAC at a future date for discussion. With respect to the proposed Single -Family Affordable Housing Impact Fee Waiver/Reduction Agreement, that agreement includes an establishment of an affordability time period/term, the financial impact fee waiver amount, the impact fee that otherwise would be charged without the waiver, a financial penalty amount for violating, processes for income verification, and applicability language, and general legal language for breach of agreement. This analysis will focus on the time period, terms, penalties, and review processes. The proposed income qualification requirements are based on the requirements used by the County's State Housing Initiative Partnership (SHIP) program. As written, the impact fee agreement requires for a period of 10 years (same as SHIP rehab mortgage time period), income verification at time of initial occupancy and at time of change of occupancy. If the single family home is sold or rented to a household that has a household income that exceeds 80% of the AMI, 100% of the impact fees that otherwise would have been charged must be paid, plus a 3% annual penalty (same as SHIP program). If the single family home is sold or rented anytime between 5 and 10 years since the effective date to a household that has a household income that exceeds 80% of the AMI, then 50% of the impact fees that otherwise would have been charged must be paid plus a 3% annual penalty. After ten years of use by income qualified households, the impact fee agreement terminates and no impact fees would be required to be paid (100% forgiveness). There are a couple different income verification options established in the agreement depending upon the entity/person developing the housing and circumstances involved. For developers of affordable housing that have income restrictions and verification requirements established through State or Federal programs, or through nonprofit housing provider established processes acceptable to the County, they will have the option of executing a certification of household income form. In these cases, the County will have the right to audit and review applicant files to verify income. For builders and homeowners that are not subject to established State, Federal, or nonprofit housing programs with income verification processes acceptable to the County, County staff will verify income based on established State Housing Initiative Partnership (SHIP) processes. Two separate application packets have been prepared by staff for use. Conclusion As proposed, the County's Affordable Housing Single -Family Housing Unit impact fee waiver/reduction agreement sets the parameters and performance criteria for the waivers/reductions. The 10 year period of performance, 3% penalty for non-compliance, and income qualification processes set up in the agreement are modeled after the County' SHIP program; a program that has 231 been operating successfully with similar provisions (with some variations) since the early 1990's. Using the provisions of the County's established affordable housing program allows for consistency, particularly when SHIP home purchase applicants will also likely be applying for the impact fee waiver/reduction program. Further, the impact fee waiver categories are narrowly defined to single- family affordable housing units of no more than 1,500 square feet, which will help to encourage the construction of smaller homes that are affordable. RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Adopt the Proposed Resolution Authorizing the Community Development Department Director, On Behalf of the Indian River Board of County Commissioners, to Execute Single - Family Affordable Housing Impact Fee Waiver/Reduction Agreements together with the Proposed Affordable Housing Impact Fee Waiver/Reduction Agreement, in substantially the form attached to the resolution; and 2. Authorize County staff to prepare and utilize appropriate affordable housing impact fee waiver/reduction application paperwork and related documents including income certification form(s). ATTACHMENTS 1) Proposed Resolution 2) Proposed Agreement 232 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE COUNTY COMMUNITY DEVELOPMENT DEPARTMENT DIRECTOR, ON BEHALF OF THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, TO EXECUTE SINGLE FAMILY AFFORDABLE HOUSING IMPACT FEE WAIVER/REDUCTION AGREEMENTS WHEREAS, consistent with Florida Statutes Section 163.31801(8), a county may provide a waiver for an impact fee for the development or construction of housing that is affordable as defined in Florida Statutes Section 420.9071; and WHEREAS, on March 10, 2020, the Indian River County Board of County Commissioners ("the "Board") adopted a new impact fee schedule with an effective date of June 15, 2020 and that impact fee schedule provides for an exemption of impact fees for affordable single-family housing units of less than 1,000 square feet under air and a 50% reduction in impact fees for affordable single family housing units of between 1,000 and 1,500 square feet under air; and WHEREAS, the Board defines "affordable housing" as a housing unit that has a household income of no more than 80% of Area Median Income based on household size, with income limits established by the U.S. Department of Housing and Urban Development and updated yearly; and WHEREAS, the Board desires to delegate to the Community Development Department Director the authority to execute, on behalf of the Board, Single -Family Affordable Housing Impact Fee Waiver/Reduction Agreements (the "Agreement") with eligible property owners who apply for the impact fee waiver/reduction and agree to the conditions of the agreement (Exhibit "A"). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The above -recitals are affirmed; 2. The Indian River County Board of County Commissioners (the "Board') hereby specifically delegates to the Community Development Department Director the authority to execute, on behalf of the Board, Single -Family Affordable Housing Impact Fee Waiver/Reduction Agreements with eligible property owners that apply,' in substantially the form attached hereto. The foregoing Resolution was offered by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: The foregoing resolution was moved for adoption by Commissioner , and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari 233 The Chairman thereupon declared the resolution duly passed and adopted this day of June, 2020. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: By: Deputy Clerk Susan Adams, Chairman Approved as to form and legal sufficiency: By: Dylan Reingold, County Attorney F:\Community Development\Impact Fee\AFFORDABLE HOUSING\SF Impact Fee Waiver BCC Item\Attach 1 - Resolution - SF Affordable Housing IF Waiver -Reduction Agreement 2020.doc 234 EXHIBIT A AFFORDABLE HOUSING IMPACT FEE AGREEMENT This Affordable Housing Impact Fee Agreement (hereinafter "Agreement") is made and entered into on the day of , 20_ ("Effective Date") by and between: ("Property Owner"), with an address of ; and Indian River County, Florida, a political subdivision of the State of Florida, having a mailing address of 1801 27th Street, Vero Beach, FL, 32960 ("County"). Recitals WHEREAS, on March 10, 2020, the Indian River County Board of County Commissioners approved Ordinance 2020-05, which adopted an impact fee schedule that incorporated a reduction or waiver in the impact fees for new single-family affordable housing projects that meet certain square footage and housing income requirements; and WHEREAS, the Property Owner is developing an affordable housing project located at (address) (the "Property"), which is described in attached Exhibit "A"; and WHEREAS, the Property is being developed as (number) single-family residential units (the "Project"); and WHEREAS, the Property Owner is entering into this Agreement in order to either reduce or completely waive impact fees for the Project; and WHEREAS, the Property Owner understands that as part of this Agreement, the Property must be used for affordable housing for at least ten years, NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the Property Owner and County hereby agree as follows: 1. The foregoing recitals are true and incorporated as if fully restated herein. 2. Term. The term of this Agreement shall be for ten years, beginning on the Effective Date set forth above, and terminating on , , 20_. 3. Waiver/Reduction of Impact Fees. The impact fee for the development of the Project on the Property, without the affordable housing reduction, is $ . However, due to the applicable affordable housing reduction, the new impact fee for the Project on the Property is $ 4. Affordable Housing Verification. In order to remain eligible for the impact fee reduction set forth in section 3 above, the single family home(s) must be occupied by a household with an annual household income not to exceed 80% of the Area 235 Median Income (AMI) by household size, as determined by the United States Department of Housing and Urban Development. For owner -occupied homes, Property Owner income must be verified prior to initial occupancy and prior to change of occupancy by new owners. For rental homes, Property Owner shall verify renter income at change of tenancy. For owner occupied and rental homes, income shall be documented using the County's State Housing Initiative Partnership ("SHIP") program processes, unless a State or Federal Housing Program (e.g. Low Income Housing Tax Credit program) or a nonprofit housing provider program, with qualifying income restriction and monitoring requirements similar to the SHIP program is/are used to fund the construction of the housing. In those instances, County may rely on the income verification process established by those programs provided sufficient documentation is provided showing compliance with the below 80% AMI requirement based on household size, as determined by the U.S. Department of Housing and Urban Development. If no State or Federal Housing Programs or nonprofit housing programs with qualifying income restrictions are used to fund the construction of the housing, County will document income using the County's SHIP program processes. 5. Loss of Affordable Housing Impact Fee Reduction Eligibility. If during the term of this Agreement, the Property Owner no longer intends on utilizing the Property for affordable housing, the Property Owner can apply to County for a release of the affordable housing requirement and a termination of this Agreement, which will be granted upon the payment of the pro rata difference between the full impact fee due for the Property and the amount reduced under this Agreement, based upon the time the Property have been used for the required affordable housing. Any conversion of the use of the Property to a non-residential use, shall be addressed under Title X of the Indian River County Code of. Ordinances. 6. Breach. To the extent the Property is no longer used for affordable housing or eligible for the affordable housing reduction as set forth in this Agreement, and Property Owner has not sought a termination as set forth in section 5 above, the Property Owner shall be deemed to have breached the terms of this Agreement. Property Owner shall owe County the difference between the full impact fee due for the Property and the amount reduced under this Agreement, upon thirty days' notice by the County of the breach. However, if the breach occurred more than five years after the effective date of this Agreement, Property Owner shall owe the County fifty percent of the difference between the full impact fee due for the Property and the amount reduced under this Agreement. If the breach occurs within five years of the Effective Date, but is not discovered until more than five years after the Effective Date, the Property Owner will not be entitled to the fifty percent reduction. Additionally, any amount owed will also include three percent interest calculated from the Effective Date. 7. Agreement Runs With the Land. Property Owner acknowledges that the rights and obligations under this Agreement run with the land and shall be binding and enforceable on all Property Owner's successors and/or assigns through the term of 236 the Agreement. The County will record this Agreement in the Public Records of Indian River County. 8. Applicable Law; Venue. The validity, interpretation, construction, and effect of this Agreement shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Agreement, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida. 9. Indemnification. Property Owner shall indemnify and hold harmless the County, its commissioners, officers, agents, officials, employees, and subcontractors from and against any and all claims, liabilities, losses, damages, or causes of action which may arise from any misconduct, negligent act, or omissions of either the Property Owner or any of its respective agents, officers, or employees in connection with the performance of this Agreement. 10. No Third Party Beneficiaries. Except as otherwise expressly provided herein, this Agreement is solely for the benefit of the named parties, and no enforceable right or cause of action shall accrue hereunder to or for the benefit of any entity or individual not a named party hereto. [use if Property Owner is an entity] Signed in the presence of the Owner following witnesses: sign: By: printed name: name: title: sign: printed name: STATE OF FLORIDA COUNTY OF Property The foregoing instrument was acknowledged before me by means of _ physical presence or online notarization, this day of , 20_ by , the of , who executed on behalf of and with the authority of said entity, and who is either 237 Personally known OR Produced Identification and Type of Identification Produced: Notary Public printed name: Commission # Commission Expiration: [SEAL] [use if Property Owner is an individual] Signed in the presence of the following witnesses: sign: By: printed name: name: sign: printed name: STATE OF FLORIDA COUNTY OF printed The foregoing instrument was acknowledged before me by means of _ physical presence or online notarization, this day of , 20_ by who is either _ Personally known to me OR Produced Identification and Type of Identification Produced: Notary Public printed name: Commission # Commission Expiration: [SEAL] 238 INDIAN RIVER COUNTY, FLORIDA Signed in the presence of the County following witnesses: sign: By: printed name: sign: printed name: STATE OF FLORIDA COUNTY OF INDIAN RIVER Phillip J. Matson Community Development Director Per Resolution 2020 - The foregoing instrument was acknowledged before me by means of physical presence, this day of , 20_ by Phillip J. Matson, the Community Development Director for Indian River County, Florida. He is personally known to me. Notary Public printed name: Commission # Commission Expiration: [SEAL] 239 240 AFFORDABLE HOUSING IMPACT FEE AGREEMENT This Affordable Housing Impact Fee Agreement (hereinafter "Agreement") is made and entered into on the day of , 20_ ("Effective Date") by and between: ("Property Owner"), with an address of ; and Indian River County, Florida, a political subdivision of the State of Florida, having a mailing address of 1801 27th Street, Vero Beach, FL, 32960 ("County"). Recitals WHEREAS, on March 10, 2020, the Indian River County Board of County Commissioners approved Ordinance 2020-05, which adopted an impact fee schedule that incorporated a reduction or waiver in the impact fees for new single-family affordable housing projects that meet certain square footage and housing income requirements; and WHEREAS, the Property Owner is developing an affordable housing project located at (address) (the "Property"), which is described in attached Exhibit "A"; and WHEREAS, the Property is being developed as (number) single-family residential units (the "Project"); and WHEREAS, the Property Owner is entering into this Agreement in order to either reduce or completely waive impact fees for the Project; and WHEREAS, the Property Owner understands that as part of this Agreement, the Property must be used for affordable housing for at least ten years, NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the Property Owner and County hereby agree as follows: 1. The foregoing recitals are true and incorporated as if fully restated herein. 2. Term. The term of this Agreement shall be for ten years, beginning on the Effective Date set forth above, and terminating on , , 20_. 3. Waiver/Reduction of Impact Fees. The impact fee for the development of the Project on the Property, without the affordable housing reduction, is $ . However, due to the applicable affordable housing reduction, the new impact fee for the Project on the Property is $ 4. Affordable Housing Verification. In order to remain eligible for the impact fee reduction set forth in section 3 above, the single family home(s) must be occupied by a household with an annual household income not to exceed 80% of the Area Median Income (AMI) by household size, as determined by the United States Department of Housing and Urban Development. For owner -occupied homes, Property Owner income must be verified prior 241 to initial occupancy and prior to change of occupancy by new owners. For rental homes, Property Owner shall verify renter income at change of tenancy. For owner occupied and rental homes, income shall be documented using the County's State Housing Initiative Partnership ("SHIP") program processes, unless a State or Federal Housing Program (e.g. Low Income Housing Tax Credit program) or a nonprofit housing provider program, with qualifying income restriction and monitoring requirements similar to the SHIP program is/are used to fund the construction of the housing. In those instances, County may rely on the income verification process established by those programs provided sufficient documentation is provided showing compliance with the below 80% AMI requirement based on household size, as determined by the U.S. Department of Housing and Urban Development. If no State or Federal Housing Programs or nonprofit housing programs with qualifying income restrictions are used to fund the construction of the housing, County will document income using the County's SHIP program processes. 5. Loss of Affordable Housing Impact Fee Reduction Eligibility. If during the term of this Agreement, the Property Owner no longer intends on utilizing the Property for affordable housing, the Property Owner can apply to County for a release of the affordable housing requirement and a termination of this Agreement, which will be granted upon the payment of the pro rata difference between the full impact fee due for the Property and the amount reduced under this Agreement, based upon the time the Property have been used for the required affordable housing. Any conversion of the use of the Property to a non-residential use, shall be addressed under Title X of the Indian River County Code of Ordinances. 6. Breach. To the extent the Property is no longer used for affordable housing or eligible for the affordable housing reduction as set forth in this Agreement, and Property Owner has not sought a termination as set forth in section 5 above, the Property Owner shall be deemed to have breached the terms of this Agreement. Property Owner shall owe County the difference between the full impact fee due for the Property and the amount reduced under this Agreement, upon thirty days' notice by the County of the breach. However, if the breach occurred more than five years after the effective date of this Agreement, Property Owner shall owe the County fifty percent of the difference between the full impact fee due for the Property and the amount reduced under this Agreement. If the breach occurs within five years of the Effective Date, but is not discovered until more than five years after the Effective Date, the Property Owner will not be entitled to the fifty percent reduction. Additionally, any amount owed will also include three percent interest calculated from the Effective Date. 7. Agreement Runs With the Land. Property Owner acknowledges that the rights and obligations under this Agreement run with the land and shall be binding and enforceable on all Property Owner's successors and/or assigns through the term of the Agreement. The County will record this Agreement in the Public Records of Indian River County. 8. Applicable Law; Venue. The validity, interpretation, construction, and effect of this Agreement shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising 242 out of or relating to any part of this Agreement, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida. 9. Indemnification. Property Owner shall indemnify and hold harmless the County, its commissioners, officers, agents, officials, employees, and subcontractors from and against any and all claims, liabilities, losses, damages, or causes of action which may arise from any misconduct, negligent act, or omissions of either the Property Owner or any of its respective agents, officers, or employees in connection with the performance of this Agreement. 10. No Third Party Beneficiaries. Except as otherwise expressly provided herein, this Agreement is solely for the benefit of the named parties, and no enforceable right or cause of action shall accrue hereunder to or for the benefit of any entity or individual not a named party hereto. [use if Property Owner is an entity] Signed in the presence of the Property Owner following witnesses: sign: By: printed name: name: title: sign: printed name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of _ physical presence or online notarization, this day of , 20_ by , the of , who executed on behalf of and with the authority of said entity, and who is either Personally known OR Produced Identification and Type of Identification Produced: Notary Public printed name: Commission # Commission Expiration: [SEAL] 243 [use if Property Owner is an individual] Signed in the presence of the following witnesses: sign: By: printed name: printed name: sign: printed name: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of _ physical presence or _ online notarization, this day of , 20_ by who is either _ Personally known to me OR Produced Identification and Type of Identification Produced: Notary Public printed name: Commission # Commission Expiration: [SEAL] INDIAN RIVER COUNTY, FLORIDA Signed in the presence of the County following witnesses: sign: By: printed name: Phillip J. Matson Community Development Director sign: Per Resolution 2020- 244 printed name: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me by means of physical presence, this day of , 20_ by Phillip J. Matson, the Community Development Director for Indian River County, Florida. He is personally known to me. Notary Public printed name: Commission # Commission Expiration: [SEAL] 245 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney, DATE: May 13, 2020 RE: Public Notice of Public Hearing Scheduled for June 16, 2020 Concerning Extension of Temporary Moratorium Regarding Biosolids The Board of County Commissioners will hold a Public Hearing on Tuesday, June 16, 2020, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING AN EXTENSION OF THE TEMPORARY MORATORIUM FOR AN ADDITIONAL 180 DAYS, OR UNTIL A COMPREHENSIVE REVIEW OF THE IMPACT ON THE COUNTY'S ECOSYSTEM IS COMPLETED, WITHIN THE UNINCORPORATED AREAS OF INDIAN RIVER COUNTY PROHIBITING LAND APPLICATION ACTIVITIES OF CLASS B BIOSOLIDS; PROVIDING FOR ADDITIONAL STUDY AND POSSIBLE REGULATION OF CLASS B BIOSOLIDS APPLICATION ACTIVITIES; PROVIDING FOR EXHAUSTION OF ADMINISTRATIVE REMEDIES; AND PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960. inhin 246 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: June 2, 2020 RE: Public Notice of Public Hearing Scheduled for June 16, 2020 to Consider an Application for a Class "El" Certificate of Public Convenience and Necessity by iTransit, LLC The Board of County Commissioners will hold a Public Hearing on Tuesday, June 16, 2020, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider: AN APPLICATION FOR A CLASS "El" CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY BY (TRANSIT, LLC, TO PROVIDE WHEELCHAIR AND AMBULATORY TRANSPORTATION SERVICES, AS DEFINED IN AND PURSUANT TO CHAPTER 304, INDIAN RIVER COUNTY CODE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960. /nhm 247 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director THROUGH: Bill Schutt, AICP; Chief, Long -Range Planning FROM: Matt Kalap; Planner, Long -Range Planning DATE: May 28, 2020 RE: Consideration of Holding a Referendum to Renew the County Economic Development Ad Valorem Tax Exemption (Tax Abatement) Program It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 9, 2020. DESCRIPTION AND CONDITIONS On November 2, 2010, the voters of Indian River County approved a referendum to authorize the Board of County Commissioners (The Board) to grant Economic Development Ad Valorem Tax exemptions (Tax Abatements) to qualifying businesses. Pursuant to state law and County ordinance, that Tax Abatement authority expires on November 2, 2020. In order for the County to continue to offer the Tax Abatement program and avoid a lapse, the Board would need to authorize staff to proceed with a referendum requesting voter approval to renew the program for another 10 years. The referendum could be placed on the General Election ballot at no cost to the County provided proposed ballot language is provided to the Supervisor of Elections by no later than August 24, 2020. Purpose and Eligibility The purpose of the Tax Abatement program is to incentivize establishment of new eligible businesses that create jobs paying above the average area wage and incentivize the expansion of existing eligible businesses that create new jobs paying above the average area wage. This is accomplished through The Board approving the reduction of ad valorem property taxes on a case by case basis for certain county tax authorities for up to 10 years, including the General Fund, Municipal Services Taxing Unit, and Emergency Services District. Ad valorem property taxes for other agencies and districts, including but not limited to the School District, St. Johns River Water 248 Management District, Mosquito Control District, Hospital District, and Florida Inland Navigation District are not impacted by a tax abatement (100% of those taxes are collected). Eligible businesses that can apply to the tax abatement program include industrial and manufacturing companies with at least 10 new wage eligible jobs, target industry businesses, office space for a newly domiciled business with at least 50 new wage eligible jobs, and a business or organization establishing at least 25 new wage eligible jobs, and has a sales factor that results in a high percentage of exports as established by formula in state statute. With the Tax Abatement program, no payments are made by the County to approved companies. Tax exemptions are provided through the Tax Abatement program only after a company constructs new additions or new buildings and provides an increase in eligible jobs (new jobs to community above any prior # of jobs from company). Economic Development Council Review On May 19, 2020, The Indian River County Economic Development Council (EDC) met, reviewed the County's tax abatement program history, its benefits, and the potential for future use of the program should it be renewed for another ten years. After consideration, the EDC voted unanimously to recommend that The Board move forward with a referendum requesting that the Tax Abatement program be renewed for another ten years. Board Consideration At this time, The Board should consider whether or not the Tax Abatement program should be renewed and if so, The Board should authorize the County Attorney's Office to draft, for Board approval, proposed ballot language to provide to the Supervisor of Elections and a proposed ordinance to renew the program should it be approved by voters in November. ANALYSIS Since voter approval of the Tax Abatement program in 2010, 3 companies met with staff to discuss submitting a Tax Abatement application. Two of those potential applications were for minor expansions to existing facilities. In both of those cases, the companies determined after meeting with staff that the tax savings would not be significant enough to pursue and chose not to proceed further with their application. The third application, however, did move forward. That application was for INEOS New Planet Bio -Energy. One major factor that contributed to the low number of applicants was the economic recession that occurred starting in December of 2007, which had lasting effects. 249 INEOS The INEOS New Planet Bio -Energy Tax Abatement was authorized on December 20, 2011 for 10 years starting in January 2013. From 2013 through 2016, when INEOS ceased operations, it employed an average of 58 people, paid an average annual wage of $64,707.25 and invested over $54 million into its facility ($46,606,919 in tangible personal property and $7,730,758 in real property). During those four years, INEOS also paid $1,822,840.51 dollars in taxes and received a $1,133,066.09 abatement through the County's Tax Abatement program (See Table 1 and Attachment 3). Of the $1,822,840.51 in paid taxes, $1,426,986.83 was for the School District, $63,178.51 was for the Land Acquisition Bond, $6,024.48 was for the Florida Inland Navigation District, $172,327.89 was for the Hospital District, $47,214.54 was for the Mosquito Control District, $55,998.04 was for the St. Johns River Water Management District, $17,137.94 was for the Emergency Services District, $8,246.48 was for the County Municipal Services District, and $25,725.80 was for the County General Fund. Table 1— INEOS Taxes Paid and Taxes Abated 2013-2016 Taxing Authority 2013 2014 2015 2016 Total COUNTY GENERAL FUND $2,447.42 $2,635.82 $3,426.70 $17,215.86 $25,725.80 COUNTY MUNICIPAL SERV $805.27 $847.65 $1,094.54 $5,499.02 $8,246.48 EMERGENCY SERV DIST $1,485.48 $1,563.64 $2,299.73 $11,789.09 $17,137.94 SCHOOL STATE LAW $243,019.43 $228,234.06 $240,462.18 $199,165.79 $910,881.46 SCHOOL LOCAL $131,381.81 $126,289.24 $134,097.57 $124,336.75 $516,105.37 ST JOHNS RIVER WATER $15,144.89 $14,030.16 $14,227.78 $12,595.21 $55,998.04 MOSQUITO CONTROL $12,353.95 $11,502.60 $12,378.11 $10,979.88 $47,214.54 HOSPITAL DISTRICT $44,738.09 $43,895.26 $46,834.47 $36,860.07 $172,327.89 FLORIDA INLAND NAVIG $1,591.53 $1,529.84 $1,506.07 $1,397.04 $6,024.48 LAND ACQUISITION BND $17,474.52 $16,380.35 $15,602.07 $13,721.57 $63,178.51 TOTAL TAXES PAID $470,442.39 $446,908.62 $471,929.22 $433,560.28 $1,822,840.51 2013 2014 2015 2016 total AMOUNT ABATED $286,747.79 $278,496.26 $308,145.81 259,676.24 $1,133,066.09 Table 1. This table shows how much taxes were paid by INEOS and how much was abated per annum. 250 As shown in Table 2, INEOS also added a total of $23,817,850.14 to the local economy through payment of wages to its employees. INEOS paid additional wages to employees of the construction company that built the facility. Table 2 - Total Wages Paid by INEOS 2012-2016 Total Wages Total Wages Total Wages Total Wages Total Wages Quarter 2012 2013 2014 2015 2016 2012-2016 1st Quarter $582,184.31 $1,419,997.70 $1,197,779.04 $1,300,660.65 $1,001,850.31 $5,502,472.01 2nd Quarter $1,008,494.90 $1,430,308.33 $1,273,553.14 $1,242,052.77 $1,090,600.78 $6,045,009.92 3rd Quarter $940,453.56 $1,234,801.95 $1,238,002.21 $1,076,821.01 $1,383,676.62 $5,873,755.35 4th Quarter $1,223,667.64 $1,773,071.81 $1,203,320.95 $1,128,301.05 $1,068,251.41 $6,396,612.86 TOTAL $3,754,800.41 $5,858,179.79 $4,912,655.34 $4,747,835.48 $4,544,379.12 $23,817,850.14 Table 2. This table shows the total wages paid by INEOS to its employees. The closure of the INEOS facility can be tied to the fact that the technology they were utilizing was a new technology that was difficult to scale up. In addition, INEOS was attempting to develop a product (ethanol) to help reduce the Country's dependence on foreign oil. When oil drilling technology improved and the U.S. was able to tap into its deeper oil reserves through fracking, ethanol fell out of favor by federal government programs and the potential for profitability of the technology lessened. Tax Abatement: Potential for Future Use While there are vacant industrial and commercial zoned properties throughout the County that could benefit from renewal of the County Tax Abatement program, one area of the County, in particular, may have a competitive advantage for development that could be in the best position to use the tax abatement program. That area is the "Opportunity Zone" comprised of all land in the County located west of I-95. The Opportunity Zone was established after the federal Tax Cuts and Jobs Act of 2017 was enacted. Opportunity zones were nominated/approved by the governor throughout the state of Florida for a period of 10 years then certified by the U.S. Treasury. The program encourages private investment in Opportunity Zones by providing a deferment of capital gains taxes to those who utilize Opportunity Funds to invest in qualified businesses in those zones. With respect to the area west of I-95, there are two vacant preliminarily platted industrial subdivisions in close proximity to the State Road 60/1-95 interchange that could support numerous new industries. Those industrial subdivisions are the Indian River Park of Commerce (north side of State Road 60 and west of 98th Avenue) and the Vero Beach Business Park (south side of State Road 60 and west of 98th Avenue). Since the early 2000's, the Indian River Park of Commerce has been preliminarily platted for 23 lots (1 developed with the CVS Distribution Center) and the Vero Beach Business Park has been preliminarily platted for 28 Lots. With the overall strong economy, the ability of businesses to obtain financing to grow and expand (particularly in the Opportunity Zone), now may not be the time to remove the tax abatement 251 program from the County's list of economic development tools. In fact, this may be exactly the time when the County has the opportunity to attract new businesses and to encourage the expansion of existing area businesses in the County and exactly the time to encourage the final platting and development of these two long-standing vacant industrial parks. Once final platted, businesses could obtain approval to build facilities relatively quickly due to the fact that the lots would be part of approved and platted industrial parks, have constructed roads, installed utilities and constructed stormwater retention areas. Potential Benefits to Different Sized Facilities To achieve a better understanding of potential benefits of the tax abatement program, it is necessary to evaluate a few hypothetical development scenarios. To that end, below are three (3) hypothetical examples of how the Tax Abatement could be applied to: L An existing manufacturer expanding its operations within the County creating ten (10) additional jobs. 2. A new manufacturer locating in the County creating one hundred (100) jobs. 3. A new corporate office locating in the County creating one hundred (100) jobs. It is important to note that the more a company invests, the larger the abatement will be. As described in the table below, an existing manufacturer expanding its operations within the County creating ten (10) additional jobs can expect a total Tax Abatement of about $16,078.81 while investing approximately $667,255.68, a new manufacturer locating in the County creating one hundred (100) jobs can expect a total Tax Abatement of about $282,359.65 while investing $6,672,556.80, and a new corporate office locating in the County creating one hundred (100) jobs can expect a total Tax Abatement of $153,874.30 while investing $5,236,224.00. Table 3 — Three Hypothetical Scenarios Applying the Tax Abatement Tax Abatement Scoring Guidelines/Categories Scenario #1: Existing Manufacturer with Proposed Expansion Scenario #2: New Manufacturer with a . Proposed Building Scenario #3: New Corporate Office with a Proposed Building New Building Square Footage 5,460 sq. ft. Expansion 54,600 sq. ft. Expansion 28,000 sq. ft. Expansion Number of New Full Time Jobs Created 10 100 100 Average Annual Wage $45,148.00 $45,148.00 $65,000.00 Level of Local Capital Investment - Tangible Property $111,209.28 $1,112,092.80 $872,704.00 Level of Local Capital Investment - Building Expansion Value $556,046.40 $5,560,464.00 $4,363,520.00 TOTAL Capital Investment $667,255.68 $6,672,556.80 $5,236,224.00 Projected Tax Abatement $16,078.81 $282,359.65 $153,874.30 Table 3. This table presents three hypothetical scenarios to illustrate how much abatement a business could receive 252 Regional Comparison As shown on the map on the next page and in Table 4, all of the Counties in the region have adopted Tax Abatement ordinance with the exception of Okeechobee County. Staff found that Brevard County has had a Tax Abatement program since 1994 and that 34 companies currently utilize the program. There is only one nearby county that does not have a Tax Abatement program, Okeechobee County. Table 4 — Abatement Status of Nearby Counties County Active Tax Abatement? When does it expire? Orange YES 2022 Brevard YES 2024 Osceola YES 2020 Okeechobee NO N/A St. Lucie YES 2022 Martin YES 2020 Palm Beach YES 2024 Table 4. This table lists nearby counties, whether or not they have a Tax Abatement program and when their program expires. Tax Abatement Status of Nearby Counties Red No Abatement :green = Yes Abatement -1 Porn Bean Thrin St. Lucie Okeechobee Figure 1. This figure depicts counties in close proximity to Indian River and whether they have an active Tax Abatement. 253 Advantages and Disadvantages of Tax Abatements There are advantages associated with Tax Abatements. In fact, many companies use "availability of Tax Abatements" as a basic screening criterion before they will even consider further pursuit of a location. The list below points out the main advantages however, it is not an exhaustive list of all the possible advantages (See Attachment 4). • Increase competitiveness of the County for high paying jobs • Provides employment opportunities • Provides a tool for economic development • Allows for partnerships between the County and targeted industries • Enhances economic stability • Boosts the tax base of the county since only a portion of the Ad Valorem Taxes are exempted. There are also a few perceived disadvantages associated with the Tax Abatement Program. This program could be perceived as a loss to the county's tax rolls. However, that is a misconception because a business that receives an abatement through this program still pays 100% of School District taxes, Water Management District taxes, Mosquito Control taxes, Hospital District taxes, Florida Inland Navigation taxes, Land Acquisition Bond taxes (on May 19, 2020 BCC voted to payoff and will no longer be collecting unless a new General Obligation bond is issued in the future), and other special and district taxes. Additionally, the abatement time period cannot exceed ten years in length and the amount of lost tax revenue decreases over time through a sliding scale. This program could also be perceived as a gift to large companies, which is also a misconception when you factor in the amount of taxes paid and whether the community in which the business decides to locate is in need of jobs. The most significant disadvantage of the Tax Abatement program would be the fact that it is not worthwhile to small businesses to pursue. However, if small businesses can combine the Tax Abatement program with other incentives in the economic development toolbox, it can have a significant impact and reduce their tax burden. Changes to Tax Abatement Statute Since County Adoption Since the Countyadopted its tax abatement program, there have been various updates to the implementation statute (Attachment 5), including changes to clarify certain aspects of implementation, those to remove outdated references, those to increase business eligibility, and those to increase accountability. The: more substantive changes worth noting include the change that increased the types of qualifying businesses for the Tax Abatement program and changes that established specific performance criteria. With respect to additional types of businesses, the tax abatement statute now allows target industries to obtain tax abatements (Attachment 2), whereas when the County adopted the tax abatement program qualifying businesses were limited to industrial and manufacturing companies with at least 10 new wage eligible jobs, office space for a newly domiciled business with at least 50 new wage 254 eligible jobs, and a business or organization establishing at least 25 new wage eligible jobs, and has a sales factor that results in a high percentage of exports as established by formula in state statute. In general, Target Industries are those that are identified by the state as having a potential substantial impact on the state and local economies. Those paying high wages, often have an export component, and can be a business that might otherwise be able to locate outside of the state of Florida. Unlike the other types of qualifying businesses, there is no employment size limitation tied to Target Industries. Regarding additional performance criteria, state statute now requires The Board to consider a list of seven criteria. Many of those criteria deal with information that companies already supply to the County as part of their Tax Abatement application. Items not currently included on the County's Tax Abatement application include consideration of environmental impact of the proposed business or operation and the extent to which the applicant intends to source its supplies and materials within the County. With respect to environmental impact, this is something that is considered by the Community Development Department in its site plan review processes, but could also be acknowledged by The Board during the Tax Abatement application review. The extent to which the applicant intends to source its supplies and materials within the County, is not an item that otherwise would be reviewed through an established process like site plan review. The criteria would need to be considered at time of Tax Abatement application review. There is no specific percentage or quantity of supplies and materials an applicant company would need to source locally, only that it be considered. If The Board decides to proceed with a Tax Abatement ordinance amendment and Tax Abatement Renewal Referendum, applicable changes in state statute would need to be part of the ordinance revisions that are ultimately approved by The Board. Staff would also revise the Tax Abatement Application (Attachment 6) as appropriate to include the specific review criteria listed in statute. CONCLUSION Based on the analysis conducted, the Tax Abatement program is limited to new real property improvements and added tangible personal property associated with qualified businesses/industries and therefore, exempts only a portion of the ad valorem property taxes collected by the County. The business receiving an abatement still pays 100% of the School District taxes, Water Management District taxes, Mosquito Control taxes, Hospital District taxes, Florida inland Navigation taxes, and other special and district taxes. Taxing districts that would be subject to an abatement would be the Municipal Services Taxing Unit, General Fund, and Emergency Services District. Furthermore, per state law, the exemption cannot last longer than one 10 year period and, the exemption does not apply to improvements to real property or to tangible personal property which were included on the tax rolls prior to the effective date of the exemption ordinance. 255 In short, renewing the Ad Valorem Tax Exemption (Tax Abatement) ensures that Indian River County will remain competitive with other counties in the state when a company is considering to relocate and when an existing company is considering expansion, not renewing the Tax Abatement program would provide one less economic development tool for the county to utilize. RECOMMENDATION Staff and the EDC recommends that the Board of County Commissioners move forward with a referendum requesting that the Tax Abatement program be renewed for another ten years. Staff also recommends that the Board direct the County Attorney's Office to draft an ordinance that a) includes ballot language for a voter referendum in November 2020 to renew the Tax Abatement Program for another ten years; and b) modifies Title XI of the Indian River County Code of Ordinances to extend the Tax Abatement Program should it be renewed for another 10 years. ATTACHMENTS 1. F.S. Section 196.1995 2. List of Targeted Industries 3. INEOS Summary of Taxes and Taxes Exempted 2013-2016 4. Advantages of Tax Abatements 5. Changes to Tax Abatement Statute Since County Adoption 6. Tax Abatement Application F:\Community Development\ Users\EDplannr\INCENTIVES & FUNDING\Tax Abatements\2020 RENEWAL\BCC Reports\BCC report on renewal of Tax Abatement2020 V4.doc 256 5/26/2020 Statutes & Constitution :View Statutes : Online Sunshine —196.1995 Economic development ad valorem tax exemption.— (1) The board of county commissioners of any county or the governing authority of any municipality shall call a referendum within its total jurisdiction to determine whether its respective jurisdiction may grant economic development ad valorem tax exemptions under s. 3, Art. VII of the State Constitution if: (a) The board of county commissioners of the county or the governing authority of the municipality votes to hold such referendum; (b) The board of county commissioners of the county or the governing authority of the municipality receives a petition signed by 10 percent of the registered electors of its respective jurisdiction, which petition calls for the holding of such referendum; or (c) The board of county commissioners of a charter county receives a petition or initiative signed by the required percentage of registered electors in accordance with the procedures established in the county's charter for the enactment of ordinances or for approval of amendments of the charter, if less than 10 percent, which petition or initiative calls for the holding of such referendum. (2) The ballot question in such referendum shall be in substantially the following form: Shall the board of county commissioners of this county (or the governing authority of this municipality, or both) be authorized to grant, pursuant to s. 3, Art. VII of the State Constitution, property tax exemptions to new businesses and expansions of existing businesses that are expected to create new, full-time jobs in the county (or municipality, or both)? Yes—For authority to grant exemptions. No -Against authority to grant exemptions. (3) The board of county commissioners or the governing authority of the municipality that calls a referendum within its total jurisdiction to determine whether its respective jurisdiction may grant economic development ad valorem tax exemptions may vote to limit the effect of the referendum to authority to grant economic development tax exemptions for new businesses and expansions of existing businesses located in an enterprise zone or a brownfield area, as defined in s. 376.79(5). If an area nominated to be an enterprise zone pursuant to s.290.0055 has not yet been designated pursuant to s. 290.0065, the board of county commissioners or the governing authority of the municipality may call such referendum prior to such designation; however, the authority to grant economic development ad valorem tax exemptions does not apply until such area is designated pursuant to s.290.0065. The ballot question in such referendum shall be in substantially the following form and shall be used in lieu of the ballot question prescribed in subsection (2): Shall the board of county commissioners of this county (or the governing authority of this municipality, or both) be. authorized to grant, pursuant to s. 3, Art. VII of the State Constitution, property tax exemptions for new businesses and expansions of existing businesses that are located in an enterprise zone or a brownfield area and that are expected to create new, full-time jobs in the county (or municipality, or both)? Yes—For authority to grant exemptions. No—Against authority to grant exemptions. (4) A referendum pursuant to this section may be called only once in any 12 -month period. (5) Upon a majority vote in favor of such authority, the board of county commissioners or the governing authority of the municipality, at its discretion, by ordinance may exempt from ad valorem taxation up to 100 percent of the assessed value of all improvements to real property made by or for the use of a new business and of all tangible personal property of such new business,or up to 100 percent of the assessed value of all added improvements to real property made to facilitate the expansion of an existing business and of the net increase in all tangible personal property acquired to facilitate such expansion of an existing business. To qualify for this exemption, the improvements to real property must be made or the tangible personal property must be added or increased after approval by motion or resolution of the local governing body, subject to ordinance adoption or on or after the day the ordinanc257Adopted. www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0196/Sectioris/D'199`1J95ttArt AY'nt 1 5/26/2020 Statutes & Constitution :View Statutes : Online Sunshine However, if the authority to grant exemptions is approved in a referendum in which the ballot question contained in subsection (3) appears on the ballot, the authority of the board of county commissioners or the governing authority of the municipality to grant exemptions is limited solely to new businesses and expansions of existing businesses that are located in an area which was designated as an enterprise zone pursuant to chapter 290 as of December 30, 2015, or in a brownfield area. New businesses and expansions of existing businesses located in an area that was designated as an enterprise zone pursuant to chapter 290 as of December 30, 2015, but is not in a brownfield area, may qualify for the ad valorem tax exemption only if approved by motion or resolution of the local governing body, subject to ordinance adoption, or by ordinance, enacted before December 31, 2015. Property acquired to replace existing property shall not be considered to facilitate a business expansion. All data center equipment for a data center shall be exempt from ad valorem taxation for the term of the approved exemption. The exemption applies only to taxes levied by the respective unit of government granting the exemption. The exemption does not apply, however, to taxes levied for the payment of bonds or to taxes authorized by a vote of the electors pursuant to s. 9(b) or s. 12, Art. VII of the State Constitution. Any such exemption shall remain in effect for up to 10 years with respect to any particular facility, or up to 20 years for a data center, regardless of any change in the authority of the county or municipality to grant such exemptions or the expiration of the. Enterprise Zone Act pursuant to chapter 290. Theexemption shalt not be prolonged or extended by granting exemptions from additional taxes or by virtue of any reorganization or sale of the business receiving the exemption. (6) With respect to a new business as defined by s. 196.012(14)(c), the municipality annexing the property on which the business is situated may grant an economic development ad valorem tax exemption under this section to that business for a period that will expire upon the expiration of the exemption granted by the county. If the county renews the exemption under subsection (7), the municipality may also extend its exemption. A municipal economic development ad valorem tax exemption granted under this subsection may not extend beyond the duration of the county exemption. (7) The authority to grant exemptions under this section expires 10 years after the date such authority was approved in an election, but such authority may be renewed for subsequent 10-year periods if each 10-year renewal is approved in a referendum called and held pursuant to this section. (8) Any person, firm, or corporation which desires an economic development ad valorem tax exemption shall, in the year the exemption is desired to take effect, file a written application on a form prescribed by the department with the board of county commissioners or the governing authority of the municipality, or both. The application shall request the adoption of an ordinance granting the applicant an exemption pursuant to this section and shall include the following information: (a) The name and location of the new business or the expansion of an existing business; (b) A description of the improvements to real property for which an exemption is requested and the date of commencement of construction of such improvements; (c) A description of the tangible personal property for which an exemption is requested and the dates when such property was or is to be purchased; (d) Proof, to the satisfaction of theboard of county commissioners or the governing authority of the municipality, that the applicant is a new business or an expansion of an existing business, as defined in s. 196.012; (e) The number of jobs the applicant expects to create along with the average wage of the jobs and whether the jobs are full-time or part-time; (f) The expected time schedule for job creation; and (g) Other information deemed necessary or appropriate by the department, county, or municipality. (9) Before it takes action on the application, the board of county commissioners or the governing authority of the municipality shall deliver a copy of the application to the property appraiser of the county. After careful consideration, the property appraiser shall report the following information to the board of county commissioners or the governing authority of the municipality: (a) The total revenue available to the county or municipality for the current fiscal year from ad valorem tax sources, or an estimate of such revenue if the actual total revenue available cannot be determined; 258 www.Ieg.state.fl.us/statutes/iindex.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0196/Sectioit?,Q nt 1 5/26/2020 Statutes & Constitution :View Statutes : Online Sunshine (b) Any revenue lost to the county or municipality for the current fiscal year by virtue of exemptions previously granted under this section, or an estimate of such revenue if the actual revenue lost cannot be determined; (c) An estimate of the revenue which would be lost to the county or municipality during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise been subject to taxation; and (d) A determination as to whether the property for which an exemption is requested is to be incorporated into a new business or the expansion of an existing business, as defined in s. 196.012, or into neither, which determination the property appraiser shalt also affix to the face of the application. Upon the request of the property appraiser, the department shall provide to him or her such information as it may have available to assist in making such determination. (10) In considering any application for an exemption under this section, the board of county commissioners or the governing authority of the municipality must take into account the following: (a) The total number of net new jobs to be created by the applicant; (b) The average wage of the new jobs; (c) The capital investment to be made by the applicant; (d) The type of business or operation and whether it qualifies as a targeted industry as may be identified from time to time by the board of county commissioners or the governing authority of the municipality; (e) The environmental impact of the proposed business or operation; (f) The extent to which the applicant intends to source its supplies and materials within the applicable jurisdiction; and (g) Any other economic -related characteristics or criteria deemed necessary by the board of county commissioners or the governing authority of the municipality. (11) An ordinance granting an exemption under this section shall be adopted in the same manner as any other ordinance of the county or municipality and shall include the following: (a) The name and address of the new business or expansion of an existing business to which the exemption is granted; (b) The total amount of revenue available to the county or municipality from ad valorem tax sources for the current fiscal year, the total amount of revenue lost to the county or municipality for the current fiscal year by virtue of economic development ad valorem tax exemptions currently in effect, and the estimated revenue loss to the county or municipality for the current fiscal year attributable to the exemption of the business named in the ordinance; (c) The period of time for which the exemption will remain in effect and the expiration date of the exemption, which may be any period of time up to 10 years, or up to 20 years for a data center; and (d) A finding that the business named in the ordinance meets the requirements of s. 196.012(14) or (15). (12) Upon approval of an application for a tax exemption under this section, the board of county commissioners or the governing authority of the municipality and the applicant may enter into a written tax exemption agreement, which may include performance criteria and must be consistent with the requirements of this section or other applicable laws. The agreement must require the applicant to report at a specific time before the expiration of the exemption the actual number of new, full-time jobs created and their actual average wage. The agreement may provide the board of county commissioners or the governing authority of the municipality with authority to revoke, in whole or in part, the exemption if the applicant faits to meet the expectations and representations described in subsection (8). History.—s. 2, ch. 80-347; s. 1, ch. 83-141; s. 30, ch. 84-356; s. 11, ch. 86-300; s. 1, ch. 90-57; s. 68, ch. 94-136; s. 1477, ch. 95-147; s. 57, ch. 95-280; s. 110, ch. 99-251; s. 5, ch. 2006-291; s. 3, ch. 2010-147; s. 2, ch. 2011-182; s. 6, ch. 2013-77; s. 1, ch. 2014-40; s. 5, ch. 2016-184; s. 3, ch. 2016-220. Note.—Section 14, ch. 2014-40, provides that "[a] local ordinance enacted pursuant to s. 196.1995, Florida Statutes, before the effective date of this act shall not be invalidated on the ground that improvements to real property were made or that tangible personal property was added or increased before the date that such ordinance was adopted, as long as the local governing body acted substantially in accordance with s. 196.1995(5), Florida Statutes, as amended by this act." 259 www.leg.state.fl.us/statutes/iindex.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0196/SectioIt?, 4= nt 1 ENTERPRS IE FL'ORID&. ualified targeted Industr es for ncentives MANUFACTURING CORPORATE RESEARCH HEADQUARTERS DEVELOPMENT GLOBAL LOGISTICS CLEANTECH Biomass & Biofuels Processing Energy Equipment Manufacturing Energy Storage Technologies Photovoltaic Environmental Consulting Sustainable Building Products Biotechnology Pharmaceuticals MEDICAL DEVICES: Laboratory and Surgical Instruments Diagnostic Testing INFOTECH AVIATION AEROSPACE HOMELAND SECURITY DEFENSE FINANCIAL/ PROFESSIONAL SERVICES Modeling, Simulation and Training Optics and Photonics Digital Media Software Electronics Telecommunications EMERGING TECHNOLOGIES Cloud IT Marine Sciences Materials Science Nanotechnology AVIATION: Aircraft and Aircraft Parts Manufacturing Maintenance Repair and Overhaul of Aircrafts Navigation Instrument Manufacturing Flight Simulator Training AEROSPACE: Space Vehicles and Guided Missile Manufacturing Satellite Communications Space Technologies Launch Operations EQUIPMENT: Optical Instruments Navigation Aids Ammunition Electronics TRANSPORTATION: Military Vehicles Shipbuilding and Repair TECHNOLOGY: Computer Systems Design Simulation and Training FINANCIAL SERVICES: Banking Insurance Securities and Investments /` PROFESSIONAL SERVICES: Corporate Headquarters Engineering Legal Accounting Consulting i OTHER ti MANUFACTURING Food and Beverage Automotive and Marine Plastics and Rubber Machine Tooling Businesses able to locate in other states and serving multi -state and/or international markets are targeted. Call Centers and Shared Service Centers may qualify for incentives if certain economic criteria are met. Retail activities, utilities, mining and other extraction or processing businesses, and activities regulated by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation are statutorily excluded from consideration. All projects are evaluated on an individual basis and therefore operating in a target industry does not automatically indicate eligibility. For additional information about Florida's business advantages, 260 please visit Enterprise Florida's website at www.enterprisefloridaom . ment 2 or call 407-956-5600. Rev. 10/13 Ad Valorem Taxes Amount Exempted Ad Valorem Amount Exempted Ad Valorem Amount Exempted Total Taxes (Not Paid) Taxes (Not Paid) Taxes (Not Paid) O 00 Vt N (r r N 69 O M t1 V1 N (- ten V) 69 $179,675.361 $8,246.48 �0�vv0oo.-..-, 01 r M •--• N- 6.9 d' •--- 00 CO _O 01 69 M v1 O •--, 10 -. 'r 69 O 00 01 01 WI V1 69 Vl d' -• N (z V' 69 00 N CO N N. -+ b9 dr 4 N O 10 69 V1 oo N. •--• M VD 69 in O 00 N N 00 ry 69 V1 00 01 (� V1 'r ten M 69 .i In 00 O V) N 0 O vi^ 69 D 10 00 en 69 $4,413.26 M 10 7 a, 6.3 $861,763.031 $488,194.071 Oh M 00 a N V1 69 O 01 10 10 rt Tz}' 69 $163,052.54 00 Q 01 10 Vi 69 N 00 t--00 Ci Vt 69 O 01 O N ti 619 O 10 0 tn M 69 $4,380.64 01 01 00 00 00 69 M N 001 V) N fig INEOS SUMMARY 0] TAXES EXEMPTE] 925 74th Ave 7625 9th Street SW 00 r- l- N 69 M - •. M Q1 00 69 $1,808.52 N 10 N N- N 69 O kr1 O 7 -. 69 4 •-- V1 69 0 00 0 00 N- N •--I 69 N 01 V) 1D 69 O cn 10 --. 69 N 10 O h •-• 69 r 00 l- V7 M V1 6., 00 00 00 00 O (� 69 N VD M 00 N N 69 $4,529.86 Totals $65,425.76 $13,898.35 Totals 2013-2016 Taxes Paid $ 1,822,840.51 Tax Amount Exempted $ 1,133,066.09 (Not Paid) $9,130.40 01 O O C1 N 69 V O 00 1a 00 V'i 69 $24,392.16 N -r � -- 10 00 M -• 69 CO 00 a, 0\ 'R 69 7 l0 '.0 VD N , 69 O •--• 10 •--• 10 4 69 •--, If) •--• VO • . en N 00 01 00 1D 69 Taxing Authority COUNTY GENERAL FUND COUNTY MUNICIPAL SERV EMERGENCY SERV DIST SCHOOL STATE LAW SCHOOL LOCAL ST JOHNS RIVER WATER MOSQUITO CONTROL HOSPITAL DISTRICT INLAND NAVIG 'FLORIDA LAND ACQUISITION BND 04 Total Taxes $2,447.42 t- N V1 O 00 00 o0 00 69 $243,019.431 .-. 00 00 M M -r 69 01 00 --+ .--+ 69 kr) 01/4 M ,r,M M N-+ 69 01 O 00 t- Tr 69 M V1 0M V1 69 $17,474.52 Tangible Personal Property Ad Valorem Amount Exempted Total Taxes Taxes (Not Paid) N 00 m \D 69 V1 10 00 o0 10 M6 �O kr)O 69 $228,234.06 $126,289.24 \G en 69 O 10 N O n 69 $43,895.26 Tr o0 0\ Noo v1 69 h M . O M b 69 $446 908.62 :ement) Tangible Personal Property Ad Valorem Amount Exempted Taxes (Not Paid) $143,021.02 OS M In O t� 399 0\ 00 O 00 VO 69 .--i CY t- N O -. 69 M V1 ... --, to 669 V1 Sr) N M 69 0 1() 0 O 00 N 69 0 O O 69 0 O O 69 0 O O 69 Ln kr, 7 00 O M N69 -� oo 01 t•-•., N_ t� 01 00 00+ M - -r 69 oo CO M r--, -r -r 69 M N 0 C N 7 69 0o r .-. - kn 69 68 1O 00 00 0 VI - -� 69 515,366.87 53,374.46 512,708.08 $6,486.03 $442,367.44 $ 470,442.39 $ 286,747.79 INEOS Year 2014 Taxes (100% Abatement) O O O 69 O O O 69 O O O 69 6 N M 0 N vO 69 0, •-, N6 M cr,- O 0 0 N M_ 69 t- N 16 01 00 O .--� 69 M ‘3: -. 00 kr, . . 69 O N 0\O 7 4 --9 69 - O 0 - .--, V1 LtiLt --9 69 to 00 Cr; VO 1n 00 1-1 Tr 'ear 2013 Taxes (100% Aba 7625 9th Street SW Ad Valorem Amount Exempted Taxes1NVot Paid) N O M 6 69 M N O� 69 T M en O 69 7625 9th Street SW Ad Valorem Amount Exempted Taxes (Not Paid) $3,398.34 $1,092.87 y1 0 69 N r- o tan 64 O_ V1 10 69 $153.03 $282.29 'D '.0 .--i 4D 69 --, -r m m M 69 $383.99 m N M 39en .-. M 4 M_ 69 v1 M O V 69 $443.06 0\ 00 O O Lel 69 $161.08 TY •--' t- 0\ N 69 0 N en --- 0 69 69 $3,327.36 on VD 0i 10 69 O M1/46 O 69 •-. kr, v1 .-r 69 M O .4 69 $431.57 \D 00 O 0 �D N ..o 69 11) O 925 74th Ave Ad Valorem Taxes Amount Exempted (Not Paid) O M 69 Lc.) M 0\ t: O 69 925 74th Ave Ad Valorem Taxes Amount Exempted (Not Paid) O t— S 69 $568.26 N 00 O $3 383.56 N M N 00 T 69 $652.24 01 --, M- O N .--. 69 t- N O 1. 69 M to (Ni kr,N N M 69 $374.93 V' CO O 0 M 69 V1 kr, O 0 --" 69 0 V' 01 en 48 0 VD (Ni M V 69 M 0\ en 6.. N 69 t- kr, CO CO 1/40 69 0 Vl b- (O N --, 69 •-. Vl O . 69 0 1O r N M M 69 •-- 01 D1 eD M 69 $303.27 N M tr, - 69 M M . O 6 69 $431.88 $15 737.91 $ 446,908.62 $ 278,496.26 Taxing Authority COUNTY GENERAL FUND [COUNTY MUNICIPAL SERV EMERGENCY SERV DIST SCHOOL STATE LAW SCHOOL LOCAL ST JOHNS RIVER WATER MOSQUITO CONTROL HOSPITAL DISTRICT FLORIDA INLAND NAVIG LAND ACQUISITION BND 04 Totals Totals for 2013 Taxes Amount Exem • ted ot Paid Taxing Authority COUNTY GENERAL FUND COUNTY MUNICIPAL SERV EMERGENCY SERV DIST SCHOOL STATE LAW SCHOOL LOCAL ST JOHNS RIVER WATER MOSQUITO CONTROL HOSPITAL DISTRICT [FLORINLAND NAVIG IDA `LAND ACQUISITION BND 04 Totals Totals for 2014 Taxes Amount Exem • ted ot Paid) Total Taxes $3,426.70 4n 01 0\ O 69 r- ON 01 N N 69 $240,462.181 v) O\ 0 O 7 M -+ 69 N N C" N ^' 69 �--� 00 [n M N_ 69 $46,834.471 O CD O V1 - 69 O N O VD vi -. 69 1 Tangible Personal Property 0000 v1 CV N r- ,. 69 CI O O\ O\ vi 69 Ch O 00 00 (�--� •--0 69 N vi -. a, CN -. 69 $124,336.75 N CN O\ ken N_ 69 00 V- [N O\ O N. 69 O O 00 00 s.0 M 69 O n 01 M 69 v) . V N [- ri •-. 69 tement) 1 Tangible Personal Property Amount Exempted (Not Paid) 01 Ni CD ‘4:',. 01 Nt 69 $47,786.13 60 0\ N CD V' O O _ 69 0 0 O 69 0 0 O 69 0 0 O 69 0 0 O 69 0 0 O 69 0 0 O 69 0 0 G? 69 Amount Exempted (Not Paid) $124,349.96 $39,719.31 h NI - N ") ... u> 00 69 $249 221.72 Ad Valorem Taxes O O O 69 O O O 69 O O O 69 V1 M 01 V N. N 6N9 N N 01 N r- N_ 69 M V0 )--0 67 M 69 r- 00 N O t` .-669 69 00 vn 01 1` N $1,423.92 6D CN O6D vl n 69 $439 587.53 ment) Ad Valorem Taxes 6D 6D --- 00 69 6D N M .--- V 00 M -. 60 df 669 1` 00 00 6D de., 0000 69 $117,034.49 O vi vi 61 00 .-. 69 M O vi M M C 69 O M h 01 10 M 69 0\ 01 7 -� M 69 t` vi ON N 69 .m .y .w M 69 O fie9. INEOS Year 2015 Taxes (100% Abal 74th Ave 1 7625 9th Street SW Amount Exempted (Not Paid) 60 V' — CV CV 6 r- 00 N CN O -e 69 N b CN Cl.0 cg69 69 O O O 69 O O O 69 O O O 69 O O O 69 O O O 69 $0.00 O O 0 69 7625 9th Street SW Amount Exempted (Not Paid) 6D vl O 0 CV 66 9 00 v1 N O 69 $2,342.331 R v) u 619 Amount Exempted Ad Valorem (Not Paid) Taxes l� 00 60 Oh 600 9 60 O 01 69 $568.261 $286.47 -. Ch O 66 9 V0 0\ M CN 69 N 01 M b 60 69 O O O 69 $0.001 $3,716.271 $0.001 $388.50 $0.00 $337.99 $0.001 $1,278.84 N V 69 O O O 69 N O lO N N- O O O 69 $3 541.28 $14,637.96 INEOS Year 2016 7 Ad Valorem Taxes 00 00 v1 6CN 9 v1 Lin N 0\ CV 69 00 r- N 6D 69 O Nt t 00 00 69 7 et vi r— \0 G6 9 N M Na; - M69 $324.571 ON N 00 O 69 $41.30 6.0 vi O 00 .y M VD .r 69 6S i Z a+ Ch Amount Exempted (Not Paid) 6D 0 .--i 69 0\ v) M r 69 O l- Ori N 69 In 0 ON Ch f/3 Ad Valorem Taxes $2,529.83 C.- O O 000 ONO 0\ ,.0.,vl ^-.0 69 0000 et 1O 69 00 6")0000 '.0 M 69 6D $337.25 O N 69 O V 69 O N 6d9 Ad Valorem Taxes $2,483.32 N 01 v61 O t �--� 69 VN'1 O 00 V) 69 000 N b M 69 M b 669 N- ON rn vi r- O 69 $40.75 N c5 O 6N9 $16 617.25 $ 433,560.28 $ 259,676.24 Taxing Authority COUNTY GENERAL FUND 'COUNTY MUNICIPAL SERV EMERGENCY SERV DIST 'SCHOOL STATE LAW SCHOOL LOCAL ST JOHNS RIVER WATER MOSQUITO CONTROL HOSPITAL DISTRICT FLORIDA INLAND NAVIG LAND ACQUISITION BND 04 Totals Totals for 2015 Taxes Amount To Be Exem.ted of Paid Taxing Authority COUNTY GENERAL FUND COUNTY MUNICIPAL SERV EMERGENCY SERV DIST SCHOOL STATE LAW SCHOOL LOCAL ST JOHNS RIVER WATER MOSQUITO CONTROL HOSPITAL DISTRICT —' FLORIDA INLAND NAVIG LAND ACQUISITION BND 04 Totals Totals for 2016 Taxes Amount Exempted (Not Paid) Advantages of Maintaining. the County Tax Abatement Program MAINTAINS COMPETITVENESS OF COUNTY FOR HIGH PAYING JOBS • Maintains an economic development tool for the County. • Maintains Indian River County's competitiveness with nearby counties to attract new and expand existing basic employers. • Maintains a positive economic development perception showing businesses that the County is serious about providing job opportunities for residents. • Allows the county to form partnerships with manufacturers, research and development establishments, and Target Industries to create and maintain jobs. PROVIDES EMPLOYMENT OPPORTUNITIES • Increases the number of jobs/reduces unemployment. • Increases employment opportunities in year round businesses with good pay. IMPROVES STABILITY OF LOCAL ECONOMY/STRENGTHENS EXISTING BUSINESSES • Enhances economic stability by attracting new industries that may contribute to creating a more diversified economic base. • Businesses with tax abatements, once built, will improve profits and financial stability at existing service based businesses (restaurants, stores, medical offices, banks, etc.) : and suppliers to tax abated businesses (larger market for products and services). LIMITED FINANCIAL COST TO COUNTY • Imposes no out of pocket" costs on the county, (only forgoing revenue for a specified length of time that may not have existed if business did not locate to County); IMMEDIATE INCREASE IN TAX REVENUE FOR OTHER TAXING AUTHORITIES • Tax Exemption only applies to taxes levied by the County. The tax exemption does not apply to taxes levied by the school district, cities, water management district, or taxes levied by voters for the payment of bonds or other special taxes authorized by a vote of the electors pursuant to Section 9 and Section 12. Article VII, of the Florida Constitution. MORE TAX REVENUE TO IMPROVE PUBLIC SERVICES • Creates a larger tax base for the community. 1. County receives full tax revenue as the abated assessed value becomes taxable. 2. County immediately receives taxes from the non -abated assessed value such as from inventory (not tax abatable). 3. County receives increased assessed value from the addition of other new business investments and expansion of existing businesses growing to serve the needs of the abated business and the employees of the abated business. 4. County receives additional sales taxes from businesses with increased growth. F:\Community Development\ Users \EDplannr \INC ENTIVES & FUNDING\Tax Abatements\2020 RENEWAL\Advantages of Tax Abatements2020.doc 264 Attachment 4 Amendments to Florida Statute 196.1995 Since 2010 — Economic Development Ad Valorem Tax Exemption as to c R s U Revised and modified the definition of "New Business" and "Expansion of an existing business" to include qualifying "Organizations" Provides that any new jobs created by an eligible business or organization must pay a wage above the average wage of the locality I Expanded eligibility to include Qualified Target Industry businesses Prescribes criteria for counties or municipalities to consider when reviewing applications for exemption. Authorizes the board of county commissioners or a municipal governing authority to enter into a written tax agreement with approved applicants. The written tax agreement may contain performance criteria and an option to revoke the exemption if the applicant fails to meet expectations established s. 196.1995(8), F.S. However, the written agreement must require the applicant to report, before the exemption expires, the number of full-time jobs created and the average wage of such jobs. Provides that counties can authorize these new qualifications for exemptions pursuant to a voter approved referendum held after July 1, 2011 Established several accountability measures, including authorizing local governments to establish binding contracts with approved applicants that set the terms for qualifying and maintaining an exemption Revised the statutorily required ballot questions in s. 196.1995(2-3), F.S., to clarify to the voter that any exemptions issued under s. 1996.1995, F.S., are expected to create new, full-time jobs, in the county, municipality, or both. Established minimum economic criteria that must be considered by the board of county commissioners or a municipal governing authority to before issuing an exemption. In general, the minimum economic criteria are the following: 1. The total number of net new jobs created by the applicant; 2. The average wage of the new jobs; 3. Capital investment made by the applicant; 4. Whether the business or operation qualifies as an industry targeted by the locality; 5. The environmental impact of the proposed business or operation; 6. Extent to which the applicant intends to source supplies and materials from the local area; and 7. Any other economic -related characteristics or criteria deemed to be necessary by the county or municipality. Clarified that an exemption may not to exceed ten years, as expressed in the local ordinance granting an exemption Clarified qualifying for the tax exemption requires improvements to be made after approval by motion or resolution of the local governing body, subject to ordinance adoption or on or after the day the ordinance is adopted. Updated a cross reference to the Florida Statute for the definition of a "Brownfield area" Amendments to recognize the discontinuance of the Florida Enterprise Zone Program but the continuance of tax abatements granted to businesses or organizations in an Enterprise Zone prior to December 30, 2015. Specific amendments for data centers allowing all equipment for data centers to be exempt from ad valorem taxation from the local government for the term of the approved exemption of up to 20 years (except for certain exclusions such as taxes for bonds). Chapter 000 O N 2014-40 0000 lG 0 N 2016-220 F:\Community Development\Users\EDplannr\INCENTIVES & FUNDING\Tax Abatements\2020 RENEWAL\BCC Reports\Attachments\Summary of Changes since 2010.docx INDIAN RIVER COUNTY ECONOMIC DEVELOPMENT AD VALOREM TAX ABATEMENT APPLICATION To be filed in the Community Development Department no later than March 1 of the year the exemption is desired to take effect. I. APPLICANT INFORMATION: Business Name Business Owners Name II Address City State Zip Code II II Phone Number Email Website Contact Person Title • Letter of authorization from corporate officer if applicant is other than corporate officer (if applicable, attach to completed application) Business Unit's Federal Employer Identification Number: Business Unit's Unemployment Compensation Number: Property Parcel Number(s) Which I of the following best describes this business: New business to Indian River County Existing business in Indian River County. creating new jobs If an expansion, how many jobs are currently in the business? II. PROJECT SITE LOCATION: Address City State Zip Code Property Parcel Number(s) Current Location (if different): 1I Address City State Zip Code Property Parcel Number(s) • Legal description and survey sketch of real property (attach to completed application) • Verified statement (separate letter) naming every individual or entity having legal or equitable ownership interest in the real property (attach to completed application) 1801 27th Street, Vero Beach FL 32960 266 F:\Community Development\Users\EDplannr\INCENTIVES & FUNDING\Tax Abatements\2010 Tax Abatement\Applicatio Application e - 6 2016\Tax Abatement Application - Revised 1-4-17 fillable.docx Att III. BUSINESS DESCRIPTION: • Business category [check one] �I Manufacturing (minimum 10 new jobs) New corporate office (minimum 50 new jobs) 11 Business with qualifying sales factor (see Appendix F; minimum 25 new jobs) • Give a full description of the primary business activities/functions: • If qualifying as a new corporate office, provide date of incorporation in Florida: • If qualifying as a sales factor business, provide sales factor data and calculation (attach to completed application) List the NAICS Code(s) for the business: Note: NAICS Codes for business types can be found at the following website: http://www.census.gov/cgi- bin/sssd/naics/naicsrch?chart=2012 Will the site be a dedicated headquarters office? ®Yes ONo If Yes, please check the appropriate headquarters type: ID regional national ©international Has the State of Florida ad valorem tax exemption form been filed? (see Appendix B)[Yes[No If yes, please attach completed state form. If no, please attach DRAFT of completed state form. IV. JOB CREATION INFORMATION: Anticipated number of new full-time jobs that will be created by the business in Indian River County: Salary range of new full-time jobs identified in the previous question: (PLEASE LIST ALL NEW POSITIONS AND SALARIES ON APPENDIX A OF APPLICATION) 267 Phase Number of net new full-time equivalent jobs created in the business Date by which jobs will be created Average Annual Wages ($) I II III Total V. TANGIBLE PERSONAL PROPERTY (to be acquired after tax abatement is granted): Itemization and description of tangible personal property (see Appendix D for definition) of the business for which abatement is sought, including estimated value and date of personal property acquisition: • Total value of tangible personal property investment: $ VI. IMPROVEMENTS TO REAL PROPERTY (to be made after tax abatement is granted): Itemization and description of improvements to real property (see Appendix E for definition) for which abatement is sought, including estimated value and date of completion of improvements: • Total value of real property improvement investment: $ 268 VII. CONFIDENTIALITY: Under Florida Statues 288.075 (see Appendix C), is the applicant requesting that any information provided as part of this applicationbe treated as confidential? DYes ❑No If yes, indicate the specific information to be treated as confidential: VIII. CRIMINAL/CIVIL FINES OR PENALTIES: List and explain any criminal or civil fines or penalties or ongoing investigations that have been imposed upon the company, its executives, or its affiliates and any recent bankruptcy proceedings of the applicant or its parent company: PLEASE FIND ATTACHED THE APPLICATION SCORING GUIDELINES USED BY THE COUNTY To the best of my knowledge, the information included in this application is accurate. Signature of Corporate Officer or Authorized Representative Date Printed Name • Indian River County Contact for Assistance Bill Schutt, Senior Planner 772-226-1243 bschutt@ircgov.com 269 TAX ABATEMENT APPLICATION CHECKLIST Brief narrative that describes nature of applicant's business II. Letter of Authorization from corporate officer if applicable III. Verified statement (separate letter) naming every individual or entity having legal or equitable ownership interest in the real property IV. Legal description and sketch of project real property V. Appendix A (job and wage information) completed VI. State application form (DR -418) YES NO (to be filed no later than March 1 of the year the exemption is desired to take effect) 270 5 Attachment 6 Please list all net new full time job positions that will be created by the project. Please make additional copies of this form as needed. Benefits Included Health insurance, 401(k) contributions, vacation, and sick leave Health insurance, 401(k) contributions, vacation, and sick leave Annualized Average Value of Benefits Per Job O O inc: O O Annual Salary Per Job O O O 0 b 000`ES$ Anticipated Date of Hire O VI .--- N .-- O kr) .--4 N .- I # of Positions O Job Title Example 1: Widget Operator Example 2: Engineer a) a) N 00 Appendix B Economic Development Ad Valorem Property Tax Exemption Chapter 196.1995, Florida Statutes To be filed with the Board of County Commissioners, the governing boards of the municipality, or both, no later than March 1 o1 the year the exemption is desired to take efecL 1. Business Name and Mailing Address' DR -418 R. 12/99 2. Please give name and telephone number of Owner or Person in charge of this Business. Name Telephone Number 3. Exact Location (Legal Description and Street Address) of Properly for which this return i5 filed 4. Date you began, or will begin, business al this facility' 5. a Description of the improvements to real property for which this exemption is requested: b. Date of commencement of construction of improvements' 6. a. Description of the tangible personal property for which this exemption is requested and date when property was, or is to be purchased: TAXPAYER'S ESTIMATE OF Condition a Q4 I CLASS OR ITEM AGE DATE OF PURCHASED ORIGINAL COST TAXPAYER'S ESTIMATE OF FAIR MARKET VALUE c 8 APPRAISERS USE ONLY b. Average Value of inventory on hand e. Any additional personal property not listed above for which an exemption is claimed must be retumed on form DR -405 (Tangible Personal Property Tax Return) and a copy attached to this form. 7. Do you desire exemption as a'New Business' 0 or as an 'Expansion of an Existing Business" 0 8. Describe Type or Nature of Your Business. 9, Trade Level (Check as many as apply) Retail 0 Wholesale 0 Manufacturing 0 Professional 0 SeMce 0 Office Other 0 10. a Number of full-time employees to be employed in Florida b. If an expansion of an existing business:. (1) Net increase in emptoyment - or (2) Increase in productive Output resulting from this expansion 11. Sales factor for the facility requesting exemption: Total sales in Florida from this facittyone (1) location only - divided by Total sales everywhere from this facrtityone (1) location only 12. For office space owned and used by a corporation newly domiciled in Florida: a. Date of incorporation In Florida' b. Number of fug -time employees at this location. I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above property pursuant to Section 199.199S, Florida Statutes. I agree to furnish such other reasonable information as the Board of County Commissioners, the governing authority of the municipality, or the Property Appraiser may request in regard to the exemption requested herein. I hereby certify that the information and valuation stated above by me is true, correct, and comptete to the best of my knowledge and belief. (If prepared by someone other than the taxpaye5his declaration is based on all Information o1 which he has any knowledge.) DATE: SIGNED* (Prepare() SIGNED: (Taxpayer) (Preparers Address) TITLE' Property Appraiser's Use Only I. Total revenue avaitabte to the county ar municipality for the current fiscal year from ad valorem lax sources: II. Revenue lost to the county or municipality for the current fiscal year by virtue of exemptions previously granted under this section: HI. Estimate of the revenue which would be lost to the county or municipality during the current fiscal year if the exemption appfed for were granted and the property for which the exemption is requested would otherwise have been subject to taxation: IV. Estimate of the taxable value lost to the county or municipality if the exemption applied for was granted: Improvements to real property Personal Property V. - I have determined that the property listed above meets the definition, as defined by Section 196.012(15) or (15), Florida Statutes, as a New Business 0. an °Expansion of an Existing Business" 0, ar Neither 0, Vl. Last year for which exemption may be applied (Preparers Telephone Number) DATE: SIGNED' 273 Application to be tiled not later than March 1 Qfacia'ment 6 General Information Ad Valorem property tax exemptions can be granted to new and expanding businesses only after the voters of a city and/or county vote in a referendum to allow that city or county to grant exemptions . Section 196.1995, Florida Statutes, requires that a referendum be held if: (1) The Board of County Commis- sioners or governing authority of a municipality (city or county commission) votes to hold such a referendum, or (2) if the county or city commission receives a petition signed by ten percent of the registered voters of the county or city. This referendum question can then be placed before the voters of a city or county at any regular election or special election called for voting on the tax incentive referendum or for any other purpose. if the voters authorize exemptions, a company must first meet the definitions of a new or expanding business as slated In s. 196.012 (15) and (16), F.S. The expansion must be on the same or a colocated site of the business current operations. If a business meets one of the above definitions as a new or expanding business, it must then file this application with the county or city commission or both. After the city or county commission receives this application, it must submit the application to the county property appraiser for review. After the property appraiser makes the report as to the fiscal impact of granting the exemption, the county or city commission shall then adopt an ordinance in the usual manner - granting the exemption, if it chooses to do so. A business cannot receive exemption from school taxes or water management district taxes. Also a business must pay taxes that were voted by the voters of a city or county to pay for bond issues and other special tax levies authorized by the voters of a city or county. The exemption can only be for the improvements to the real property and for tangible personal property. The land on which the new or expanding business is to be located will still be taxed and taxes must be paid on it. The action taken by a city or county commission can only exempt the taxes paid to that governmental body. A city can only exempt its taxes; a county can only exempt its taxes. All other taxes must be paid. Statutory Definitions Section 196.011 Annual application required for exemption.— (1) (a) Every person or organization who, on January 1, has the legal title to real or personal property, except inventory, which is entitled by law to exemption from taxation as a result of its ownership and use shall, on or before March 1 of each year, file an application for exemption with the county property appraiser, listing and describing the property for which exemption is claimed and certifying its ownership and use. The Department of Revenue shall prescribe the forms upon which the application is made. Failure to make application, when required, on or before March 1 of any year shall constitute a waiver of the exemption privilege for that year, except as provided in subsection (7) or subsection (8). Section 196.012(15) and (16), Florida Statutes (15) New business" means: (a)1. A business establishing 10 or more jobs to employ 10 or more full-time employees in this state, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; 2. A business establishing 25 or more jobs to employ 25 or more full-time employees in this state, the sales factor of which, as defined by s.220.15(5), for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption is claimed; or 3. An office space in this state owned and used by a corporation newly domiciled in this state; provided such office space houses 50 or more full-time employees of such corporation; provided that such business or office first begins operation on a site dearly separate from any other commercial or industrial operation owned by the same business. (b) Any business located in an enterprise zone that first begins operation on a site clearly separate from any other commercial or industrial operation owned by the same business. (c) A new business that is situated on property annexed into a municipality and that, at the time of annexation, is receiving an economic development ad valorem tax exemption from the county under s. 196.1995. (16) "Expansion of an existing business" means: (a)1. A business establishing 10 or more jobs to employ 10 or more full-time employees in this state, which manufactures, processes, compounds, fabricates, or produces for sale items of tangible personal property at a fixed location and which comprises an industrial or manufacturing plant; or 2. A business establishing 25 or more Jobs to employ 25 or more full-time employees in this state, the sales factor of which, as defined by s. 220.15(5), for the facility with respect to which it requests an economic development ad valorem tax exemption is less than 0.50 for each year the exemption Is claimed; provided that such business increases operation on a site colocated with a commercial or industrial operation owned by the same business, resulting in a net increase in employment of not less than 10 percent or an increase in productive output of not less than 10 percent. (b) Any business located in an enterprise zone that increases operations on a site colocated with a commercial or industrial operation owned by the same business. Section 196.1995 Economic development ad valorem tax exemption.- (6) xemption:(6) With respect to a new business as defined by s. 196.012(15)(c), the municipality annexing the property on which the business is situated may grant an economic development ad valorem tax exemption under this section to that business for a period that will expire upon the expiration of the exemption granted by the county. If the county renews the exemption under subsection (7), the municipality may also extend its exemption. A municipal economic development ad valorem tax exemption granted under this subsection may not extend beyond the duration of the county exemption. Section 220.15(5), Florida Statutes. (5) The sales factor is a fraction the numerator of which is the total sales of the taxpayer in this state during the taxable year or period and the denominator of which Is the total sales of the taxpayer everywhere during the taxable year or period. (a) As used in this subsection, the term "sales" means all gross receipts of the taxpayer except interest, dividends, rents, royalties, and gross receipts from the sale, exchange, maturity, redemp- tion, or other disposition of securities. However: 1. Rental Income is included in the term if a significant portion of the taxpayer's business consists of leasing or renting real or tangible personal property; and 2. Royalty income is included in the term if a significant portion of the taxpayer's business consists of dealing in or with the production, exploration, or development of minerals. (b)1. Sales of tangible personal property occur in this state if the property is delivered or shipped to a purchaser within this state, regardless of the f.o.b. point, other conditions of the sale, or ultimate destination of the property, unless shipment is made via a common or contract carrier. 2. When citrus fruit is delivered by a cooperative for a grower -member, by a grower - member to a cooperative, or by a grower -participant to a Florida processor, the sales factor for the growers for such citrus fruit delivered to such processor shall be the same as the sales factor for the most recent taxable year of that processor. That sales factor, expressed only as a percentage and not in terms of the dollar volume of sales, so as to protect the confidentiality of the sales of the processor, shall be furnished on the request of such a grower promptly after it has been determined for that taxable year. 3. Reimbursement of expenses under an agency contract between a cooperative, a grower -member of a cooperative, or a grower and a processor is not a sale within this state. (c) Sales of a financial organization, including, but not limited to, banking and savings institutions, investmentcompanies, real estate investment trust, and brokerage companies, occur in this state if derived from: 1. Fees, commissions, or other compensation for financial services rendered within this state; 2. Gross profits from trading in stocks, bonds, or other securities managed within this state; 3. Interest received within this state, other than interest from loans secured by mortgages, deeds of trust, or other liens upon real or tangible personal property located in this state, and dividends received within this state; 4. Interest charged to customers at places of business maintained within this state for carrying debit balances of margin accounts, without deduction of any costs incurred in carrying such accounts; 5. Interest, fees, commissions, or other charges or gains from loans secured by mortgages, deeds of trust or other liens upon real or tangible personal property located in this state or from installment sale agreements originally executed by a taxpayer or the taxpayer's agent to sell real or tangible personal property located in this state; 6. Rents from real or tangible personal property located in this state; or 7. Any other gross income, including other Interest, resulting from the operation as a financial organization within this state. In computing the amounts under this paragraph, any amount received by a member of an affiliated group (determined under s. 1504(a) of the Internal Revenue code, but without reference to whether any such corporation is an "includable corporation" under s. 1504(b) of the Internal Revenue code} from another member of such group shall be included only to the extent such amount exceeds expenses of the recipient directly related thereto. 274 Attachment 6 Statutes & Constitution :View Statutes : Online Sunshine Select Year: The 2016 Florida Statutes 2016 v Go Page 1 of 3 Title XIX Chapter 288 View Entire PUBLIC COMMERCIAL DEVELOPMENT AND CAPITAL Chapter BUSINESS IMPROVEMENTS 288.075 Confidentiality of records.— (1) DEFINITIONS.—As used in this section, the term: (a) "Economic development agency" means: 1. The Department of Economic Opportunity; 2. Any industrial development authority created in accordance with part Ill of chapter 159 or by special law; 3. Space Florida created in part 11 of chapter 331; 4. The public economic development agency of a county or municipality or, if the county or municipality does not have a public economic development agency, the county or municipal officers or employees assigned the duty to promote the general business interests or industrial interests of that county or municipality or the responsibilities related thereto; 5. Any research and development authority created in accordance with part V of chapter 159; or 6. Any private agency, person, partnership, corporation, or business entity when authorized by the state, a municipality, or a county to promote the general business interests or industrial interests of the state or that municipality: or county. (b) "Proprietary confidential business information" means information that is owned or controlled by the corporation, partnership, or person requesting confidentiality under this section; that is intended to be and is treated by the corporation,partnership, or person as private in that the disclosure of the information would cause harm to the business operations of the corporation, partnership, or person; that has not been disclosed unless disclosed pursuant to a statutory provision, an order of a court or administrative body, or a private agreement providing that the information may be released to the public; and that is information concerning: 1. Business plans. 2. Internal auditing controls and reports of internal auditors. 3. Reports of external auditors for privately held companies. (c) "Trade secret" has the same meaning as in s. 688.002. (2) PLANS, INTENTIONS, AND INTERESTS.— (a)1. If a private corporation, partnership, or person requests in writing before an economic incentive agreement is signed that an economic development agency maintain the confidentiality of information concerning plans, intentions, or interests of such private corporation, partnership, or person to locate, relocate, or expand any of its business activities in this state, the information is confidential and exempt from s. 119.07 (1) and s. 24(a), Art. 1 of the State Constitution for 12 months after the date an economic development agency receives a request for confidentiality or until the information is otherwise disclosed, whichever occurs first. 2. An economic development agency may extend the period of confidentiality specified in subparagraph 1. for up to an additional 12 months upon written request from the private corporation, partnership, or person who originally requested confidentiality under this section and upon a finding by the economic development agency that such private corporation, partnership, or person is still actively considering locating, relocating, or 275 Attachment 6 http://www. leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=... 1 /4/2017 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 3 expanding its business activities in this state. Such a request for an extension in the period of confidentiality must be received prior to the expiration of any confidentiality originally provided under subparagraph 1. If a final project order for a signed economic development agreement is issued, then the information will remain confidential and exempt for 180 days after the final project order is issued, until a date specified in the final project order, or until the information is otherwise disclosed, whichever occurs first. However, such period of confidentiality may not extend beyond the period of confidentiality established in subparagraph 1. or subparagraph 2. (b) A public officer or employee may not enter into a binding agreement with any corporation, partnership, or person who has requested confidentiality of information under this subsection until 90 days after the information is made public unless: 1. The public officer or employee is acting in an official capacity; 2. The agreement does not accrue to the personal benefit of such public officer or employee; and 3. In the professional judgment of the officer or employee, the agreement is necessary to effectuate an economic development project. (3) TRADE SECRETS.—Trade secrets held by an economic development agency are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (4) PROPRIETARY CONFIDENTIAL BUSINESS INFORMATION.—Proprietary confidential business information held by an economic development agency is confidential and exempt from s. 119.07(1) and s. 24(a), Art. 1 of the State Constitution, until such information is otherwise publicly available or is no longer treated by the proprietor as proprietary confidential business information. (5) IDENTIFICATION, ACCOUNT, AND REGISTRATION NUMBERS.—A federal employer identification number, reemployment assistance account number, or Florida sales tax registration number held by an economic development agency is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (6) ECONOMIC INCENTIVE PROGRAMS. - 1(a) The following information held by an economic development agency pursuant to the administration of an economic incentive program for qualified businesses is confidential and exempt from s. 119.07(1) and s. 24 (a), Art. I of the State Constitution for a period not to exceed the duration of the incentive agreement, including an agreement authorizing a tax refund or tax credit, or upon termination of the incentive agreement: 1. The percentage of the business's sales occurring outside this state and, for businesses applying under s. 288.1045, the percentage of the business's gross receipts derived from Department of Defense contracts during the 5 years immediately preceding the date the business's application is submitted. 2. An individual employee's personal identifying information that is held as evidence of the achievement or nonachievement of the wage requirements of the tax refund, tax credit, or incentive agreement programs or of the job creation requirements of such programs. 3. The amount of: a. Taxes on sales, use, and other transactions paid pursuant to chapter 212; b. Corporate income taxes paid pursuant to chapter 220; c. Intangible personal property taxes paid pursuant to chapter 199; d. Insurance premium taxes paid pursuant to chapter 624; e. Excise taxes paid on documents pursuant to chapter 201; f. Ad valorem taxes paid, as defined in s. 220.03(1); or g. State communications services taxes paid pursuant to chapter 202. However, an economic development agency may disclose in the annual incentives report required under s. 288.907 the aggregate amount of each tax identified in this subparagraph and paid by all businesses participating in each economic incentive program. 276 Attachment 6 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=... 1/4/2017 Statutes & Constitution :View Statutes : Online Sunshine Page 3 of 3 (b)1. The following information held by an economic development agency relating to a specific business participating in an economic incentive program is no longer confidential or exempt 180 days after a final project order for an economic incentive agreement is issued, until a date specified in the final project order, or if the information is otherwise disclosed, whichever occurs first: a. The name of the qualified business. b. The total number of jobs the business committed to create or retain. c. The total number of jobs created or retained by the business. d. Notwithstanding s. 213.053(2), the amount of tax refunds, tax credits, or incentives awarded to, claimed by, or, if applicable, refunded to the state by the business. e. The anticipated total annual wages of employees the business committed to hire or retain. 2. For a business applying for certification under s. 288.1045 which is based on obtaining a new Department of Defense contract, the total number of jobs expected and the amount of tax refunds claimed may not be released until the new Department of Defense contract is awarded. (7) PENALTIES.—Any person who is an employee of an economic development agency who violates the provisions of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. History.—s. 1, ch. 77-75; s. 1, ch. 79-395; s. 3, ch. 83-47; s. 1, ch. 86-152; s. 1, ch. 86-180; s. 1, ch. 86-218; s. 1, ch. 89-217; s. 104, ch. 90-360; s. 245, ch. 91-224; s. 220, ch. 95-148; s. 1, ch. 95-378; s. 1, ch. 96-353; s. 135, ch. 96-406; s. 14, ch. 99-256; s. 1, ch. 2001-161; s. 5, ch. 2002-183; s. 27, ch. 2003-286; s. 55, ch. 2006-60; s. 1, ch. 2006-157; s. 1, ch. 2007-203; s. 23, ch. 2011-76; s. 148, ch. 2011-142; s. 1, ch. 2012-28; s. 55, ch. 2012-30. 1Note.—Section 35, ch. 2011-76, provides that: "(1) The executive director of the Department of Revenue is authorized, and all conditions are deemed met, to adopt emergency rules under ss. 120.536(1) and 120.54(4), Florida Statutes, for the purpose of implementing this act. "(2) Notwithstanding any other provision of law, such emergency rules shall remain in effect for 6 months after the date adopted and may be renewed during the pendency of procedures to adopt permanent rules addressing the subject of the emergency rules." Copyright © 1995-2017 The Florida Legislature • Privacy Statement • Contact Us 277 Attachment 6 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=... 1/4/2017 Appendix D Definition of "Tangible personal property" per Florida Statutes 192.001(11)(d) (d) "Tangible personal property" means all goods, chattels, and other articles of value (but does not include the vehicular items enumerated in s. 1(b), Art. VII of the State Constitution and elsewhere defined) capable of manual possession and whose chief value is intrinsic to the article itself. "Construction work in progress" consists of those items of tangible personal property commonly known as fixtures, machinery, and equipment when in the process of being installed in new or expanded improvements to real property and whose value is materially enhanced upon connection or use with a preexisting, taxable, operational system or facility. Construction work in progress shall be deemed substantially completed when connected with the preexisting, taxable, operational system or facility. Inventory and household goods are expressly excluded from this definition. 1801 27th Street, Vero Beach FL 32960 278 Attachment 6 Appendix E Definition of "Real property" per Florida Statutes 192.001(12) (12) "Real property" means land, buildings, fixtures, and all other improvements to land. The terms "land," "real estate," "realty," and "real property" may be used interchangeably. 1801 27th Street, Vero Beach FL 32960 279 Attachment 6 • Definition (5) Appendix F Sales Factor per Florida Statutes 220.15(5) The sales factor is a fraction the numerator of which is the total sales of the taxpayer in this state during the taxable year or period and the denominator of which is the total sales of the taxpayer everywhere during the taxable year or period. (a) As used in this subsection, the term "sales" means all gross receipts of the taxpayer except interest, dividends, rents, royalties, and gross receipts from the sale, exchange, maturity, redemption, or other disposition of securities. However: 1. Rental income is included in the term if a significant portion of the taxpayer's business consists of leasing or renting real or tangible personal property; and 2. Royalty income is included in the term if a significant portion of the taxpayer's business consists of dealing in or with the production, exploration, or development of minerals. (b) 1. Sales of tangible personal property occur in this state if the property is delivered or shipped to a purchaser within this state, regardless of the f.o.b. point, other conditions of the sale, or ultimate destination of the property, unless shipment is made via a common or contract carrier. However, for industries in NAICS National Number 311411, if the ultimate destination of the product is to a location outside this state, regardless of the method of shipment or f.o.b. point, the sale shall not be deemed to occur in this state. As used in this paragraph, "NAICS" means those classifications contained in the North American Industry Classification System, as published in 2007 by the Office of Management and Budget, Executive Office of the President. 2. When citrus fruit is delivered by a cooperative for a grower -member, by a grower -member to a cooperative, or by a grower -participant to a Florida processor, the sales factor for the growers for such citrus fruit delivered to such processor shall be the same as the sales factor for the most recent taxable year of that processor. That sales factor, expressed only as a percentage and not in terms of the dollar volume of sales, so as to protect the confidentiality of the sales of the processor, shall be furnished on the request of such a grower promptly after it has been determined for that taxable year. 3. Reimbursement of expenses under an agency contract between a cooperative, a grower - member of a cooperative, or a grower and a processor is not a sale within this state. (c) Sales of a financial organization, including, but not limited to, banking and savings institutions, investment companies, real estate investment trusts, and brokerage companies, occur in this state if derived from: 1. Fees, commissions, or other compensation for financial services rendered within this state; 1801 27th Street, Vero Beach FL 32960 280 Attachment 6 Appendix F (continued) 2. Gross profits from trading in stocks, bonds, or other securities managed within this state; 3. Interest received within this state, other than interest from loans secured by mortgages, deeds of trust, or other liens upon real or tangible personal property located without this state, and dividends received within this state; 4. Interest charged to customers at places of business maintained within this state for carrying debit balances of margin accounts, without deduction of any costs incurred in carrying such accounts; 5. Interest, fees, commissions, or other charges or gains from loans secured by mortgages, deeds of trust, or other liens upon real or tangible personal property located in this state or from installment sale agreements originally executed by a taxpayer or the taxpayer's agent to sell real or tangible personal property located in this state; 6. Rents from real or tangible personal property located in this state; or 7. Any other gross income, including other interest, resulting from the operation as a financial organization within this state. In computing the amounts under this paragraph, any amount received by a member of an affiliated group (determined under s. 1504(a) of the Internal Revenue Code, but without reference to whether any such corporation is an "includable corporation" under s. 1504(b) of the Internal Revenue Code) from another member of such group shall be included only to the extent such amount exceeds expenses of the recipient directly related thereto. • Calculation Total sales of the taxpayer in Florida from the facility location during the taxable year or period. Total sales of the taxpayer everywhere from the facility location during the taxable year or period. To qualify for a tax abatement as a sales factor business, the result of the sales factor calculation must be less than 0.50 for each year the tax abatement is claimed. 1801 27th Street, Vero Beach FL 32960 281 Attachment 6 INDIAN RIVER COUNTY AD VALOREM TAX ABATEMENT APPLICATION SCORING GUIDELINES Scoring Matrix NUMBER OF NEW FULL TIME JOBS CREATED Maximum Number of Points: 30 POINTS 1. 10 — 19 jobs (manufacturing) or 10 25 — 49 jobs (sales factor) or 50 — 99 jobs (corporate office) or 2. 20 — 29 jobs (manufacturing) or 50 — 74 jobs (sales factor) 100 — 149 jobs (corporate office) or 3. 30 — 49 -jobs (manufacturing) or 75 — 99 jobs (sales factor) 150 — 199 jobs (corporate office) or 4. 50 or more jobs (manufacturing) or 100 or more jobs (sales factor) 200 or more jobs (corporate office) or 18 25 30 LEVEL OF AVERAGE WAGES Maximum Number of Points: 30 1. More than 75% but less than 100% county average wage 2. 100% or more but less than 115% county average wage 3. 115% or more but less than 150% county average wage 4. 150% or more POINTS 10 18 25 30 LEVEL OF LOCAL CAPITAL INVESTMENT Maximum Number of Points: 20 1. More than $100,000 but less than $500,000 2. $500,000 or more but less than $1,000,000 3. $1,000,000 or more but less than $5,000,000 4. $5,000,000 or more POINTS 20 20 20 20 282 Attachment 6 1 PROJECT EXCELLENCE Maximum Number of Points: 20 • Special project attributes that advance county economic development goals, objectives, and policies POINTS 0-20 Award Categories Abatement Percentage by Year Total Points Yr. 1 Yr. 2 Yr. 3 Yr. 4 Yr. 5 Yr. 6 Yr. 7 Yr. 8 Yr. 9 Yr. 10 1. 40-60 100% 100% 80% 60% 40% 20% 10% 0% 0% 0% 2. 61-80 100% 100% 90% 80% 60% 40% 20% 10% 0% 0% 3. 81 or more 100% 100% 100% 90% 80% 70% 60% 50% 40% 30% 283 Attachment 6 2 ORDINANCE NO. 20 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING TITLE XI OF THE CODE OF INDIAN RIVER COUNTY (ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION ORDINANCE) BY CREATING A NEW SECTION 1100.XX GRANTING AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION TO ; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Title XI of the Code of Indian River County, entitled "Economic Development Ad Valorem Tax Exemption Ordinance," authorizes the Board of County Commissioners to grant economic development ad valorem tax exemptions ("Exemption") to certain new or expanding businesses; and WHEREAS, Section 196.1995(10), Florida Statutes, requires that any action of the Board granting an Exemption to a new or expanding business be set forth in an ordinance; and WHEREAS, the Board has determined that all prerequisites to the granting of an Exemption to have been met, and the granting of such Exemption will promote and strengthen the local economy and thereby enhance the health, welfare and general well-being of the citizens of Indian River County, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. Enactment Authority, Section 3, Article VII of the Florida Constitution and Section 196.1995 authorize the Board of County Commissioners to grant economic development ad valorem tax exemptions to certain new and expanding businesses, upon majority vote in favor of such authority in a referendum called for such purpose. In a referendum held on November 2, 2010, a majority of voters in Indian River County voted in favor of such authority, and Title XI of the Code of Indian River County, entitled "Economic Development Ad Valorem Tax Exemption Ordinance" became effective. 284 Attachment 6 Section 2. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. Additionally, the Board specifically finds that meets the requirements of Section 196.012(15) [or (16)], Florida Statutes. Section 3. Creation of New Section. Section 1100.XX of the Code of Indian River County, Florida, is hereby created to read as follows: Section 1100.XX Economic Development Ad Valorem Tax Exemption Granted to ('Business"). (1) An economic development ad valorem tax exemption is hereby granted to Business whose address is . The exemption shall apply to its new improvements to real property and its new tangible personal property related to its new business for expansion of its existing businessl located at the following address . This exemption shall apply only to the improvements to real property and the tangible personal property described in Business' Application for such exemption. (2) The exemption shall be for a term of years commencing with the first year the new improvements or new tangible personal property are added to the assessment roll. The amount of the exemption shall be percent of county ad valorem taxes which would otherwise be due with respect to the new improvements or new tangible personal property in the absence of the exemption. (3) The total amount of revenue available to the County from ad valorem tax sources for the current fiscal year is $ ; the total amount of revenue lost to the County for the current fiscal year by virtue of economic development ad valorem tax exemptions currently in effect is $ : and the estimated revenue loss to the County for the current fiscal year attributable to the exemption granted in this section is $ (4) The exemption shall be subject to all provisions set forth in sections 1100.01 through 1100.13. Without limitation, the continuation of the exemption shall be contingent upon Business' compliance with section 1100.10 relating to "Continuing Performance." (5) The Board specifically finds that Business meets the requirements of section 196.012(15 [or (16)1, Florida Statutes. 285 Attachment 6 Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Effective Date. This ordinance shall become effective upon enactment by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Vero Beach Press Journal on the day of , 20`, for a public hearing to be held on the day of , 20_, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Vice Chairman Commissioner Commissioner Commissioner The Chairman thereupon declared the ordinance duly passed and adopted this day of , 20 . ATTEST: Jeffrey K. Barton, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: , Chairman EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of , 20_. 286 Attachment 6 ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION AGREEMENT THIS AGREEMENT is entered into as of the day of , by and between Indian River County, a political subdivision of the State of Florida ("County") and , a , organized and existing under the laws of the State of ("Business"). WHEREAS, County has adopted the Indian River County Economic Development Ad Valorem Tax Exemption Ordinance ("Ordinance"), set forth in Title XI of the Indian River County Code ("Code"), and ( ,r WHEREAS, County has adopted Ordinance No. 20, - `("Exemption Ordinance") granting an economic development ad valorem tax exemption ("Exemption')to Business, and WHEREAS, the Ordinance and the Exemption'Ordinance bothkprovide that the Exemption shall not be effective until County and Business enter into this, Economic Development Ad Valorem Tax Exemption Agreement ("Agreement"), �� \\\\ NOW, THEREFORE, in considerationpof-the mutual undertakings herein and other good and valuable consideration, the receipt and suff ciency of whieh are hereby acknowledged, the parties hereby agree, as follows: . , \\ 1. Recitals. The above recitals'are true and correct and are incorporated herein. \ 2. DefinitionfsUnless otherwise `stated\all capitalized terms herein shall have the meaning set forth n•the Ordinance."S �''• \� 3. / Business' Representations Covenants and Warranties. At all times duringthe , t e term [ vof the Exemption, Business represents, covenants and warrants to County that: (a) all ihformation-submitted by Business in the Application is, and was at the time of submittal, true and correct, (b) all information submitted by Business in any annual report submitted pursuant to section 1100.10(b) of the Code will be, at the time of submittal, true/ arid correct, (c) each representation previously made by Business to County's Board of County Commissioners in a public meeting was, and each representation made by Business to County's Board of County Commissioners in the future will be, at the time of such representation, true and correct, (d) Business will fully perform and remain in full compliance with all Exemption Requirements and all requirements of this Agreement, (e) without limitation, Business will establish and continue to provide all jobs required for Business to qualify as a New Business [or an Expansion of an Existing Business] ("Jobs"), (f) without limitation, the average wage paid by Business with respect to the Jobs during each calendar quarter will be equal to C:IDocuments and Se ttingstsjohnsontlaeal SeningslTemporary Internet FilvlContentOwlooMGEP096C11Eoonomk Development Ad Valorem T Exemption Agreemenedocx 287 or greater than the average wage represented by Business in the Application, and (g) Business has not committed and will not commit any Violation of Law (each of subparagraphs (a) through (f), "Commitment"). 4. Violation by Business of Commitment: In the event of a violation by Business of any Commitment, County may, in its sole discretion, (a) revoke or revise the Exemption, effective as of the date of such action, (b) revoke or revise the exemption, effective as of the date of violation of the Commitment. In such case County, the Property Appraiser or the Tax Collector shall be entitled to recoveriall or any portion of taxes not f r paid after the date of violation as a result of the Exemption, plus interest, costs of collection and attorney's fees, as set forth in section \1100.11(b) -of the Code, or (c) pursue any other remedy available in law or in equity\Business shall immediately notify County in writing of any facts or events which constitute or may constitute a violation by Business of any Commitment. \�` 5. No Limitation of County's Rights. Nothingin this Agreement shall be construed as a r• restriction or limitation of County's rights as; set forth\m\general' law or the Code, including the Ordinance and theExemption\Ordinance. "` / \ , :,:\ \\\:: / 6. County's Right of Inspection:. At anytime d ring the term of the Exemption, County shall have the right inspect any'of`Business' .books and records to determine Business' compliance -with, ll Exemption ?Requireii ents and all requirements of this Agreement; provided, however,�that nothing,iii this paragraph shall be interpreted as relieving -Business of its oblig ion to notify County in writing of any facts or events which constitute'or may onstitute a violation by Business of any Commitment, as set forth in paragraph-4,above. . 2 7. (Public Records. ,Business acknowledges that any records made or received by County i `. in connection with the Exemption are subject to the Public Records Act, Chapter 119, Florida Statutes:., \ 8. Transfer of Property Subject to Exemption. Business shall notify County of any transfer ofreal or personal property subject to the Exemption, within thirty (30) days of the date of such transfer. 9. Form of Notice. Any notice hereunder shall be in writing and delivered by (i) certified mail, return receipt requested, (ii) overnight or priority mail, in a form providing proof of receipt, or (iii) hand delivery, with written acknowledgement of receipt by the recipient. CAN.... and Scrr/ngsljohnsonlLocal Serringstl pomrylnrema FileslConrencOialooMGXP096YAEconomlc Dnxlopmenr Ad Valor., T. Eremprion Agrcnnenr.d 288 10. Interpretation. This Agreement has been submitted to the equal review and scrutiny of both parties, and both parties agree that it fairly and accurately sets forth the terms their agreement. In any dispute between the parties, the Agreement shall be given a fair and reasonable interpretation, without consideration or weight being given to the fact that it was initially prepared or drafted by any particular party. 11. Severability. Each provision of this Agreement is deemed to be separate and divisible. If any provision shall be held invalid, the force and effect. 12. Governing Law. This Agreement shall be with the laws of the State of Florida. remaining provisions shall remain in full / governed`byyand interpreted in accordance r 13. Jurisdiction and Venue. Exclusive jurisdicti�for any proceedings arisineout of or relating to this Agreement shall be in -the circuit court of the State •.ofTlorida. Venue shall be in Indian River County, Florida. \\, " `t 14. Attorney's Fees, etc. In any lega proe dings rising out Of gr relating in any way to this Agreement, the prevailing partyshall recover from the non -prevailing part all fees, costs and expenses, including,�witliout'ilimitati reasonable attorney's fees at all trial, appellate and collection`levels. \'\ \ \ \\) 15. Waiver of Jury .Trial:-, `-EACH PARTY HEREBY KNOWINGLY AND INTENTIONALLY WAI'VES TRIAI BY JURY OF ANY ISSUE ARISING OUT OF OR REL'ATINGAIN ANY\WAY TO.THIS AGREEMENT. ALL SUCH ISSUES SHALL BE RESOLVED BY NON -JURY TRIAL. z, �•� R 16. (Amendment. \This Agreement may be amended or modified only by subsequent written agreement signed by all parties and, with respect to County, approved by County's Board,of'County Commissioners. 17. Successors and Assigns. This agreement shall be binding upon the parties and their successorsand assigns. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. CADoeumens and SettingrljohmanlLocnl Seningslremporary Internet FileslComent0utlooklGXP09tSXIiEmwmk Development Ad Valorem T Exemption Agreemem.dau 289 INDIAN RIVER COUNTY BUSINESS By: By: Chairman, Board of County Commissioners Its Date approved by BCC: ATTEST: J. K. Barton, Clerk By: Deputy Clerk is • Approved: County Administrators Approved as to form and Jegii sufficiency. County Attorney CIDocumentsand 3ettingsWon,sonlLoenisemngiT pomrylnternetFileslContent.OutlookIGXPG96YJIEmwmicDeelopmentAdVoloremT EsempnonAB.eement.a 290 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason Brown, County Administrator THROUGH: Tad Stone, Director of Emergency Services FROM: Maria Resto, Radiological Emergency Analyst/Radio System Manager DATE: May 20, 2020 SUBJECT: Approval of Change Order No. 2 for Radio System P25 Migration Project 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: On August 16, 2016, the Board approved a migration project to the Federal Communications Commission P25 standard for interoperable digital two-way communications for public safety organizations as well as other County and Municipal operations. This is a planned upgrade and is partially funded in the County's Capital Improved Element (CIE) in the amount of $1,500,000. As you may recall, staff recommended commencing the upgrades in phases over a five-year period. Staff is currently working with the selected vendor, Communications International Inc. (CII) on the final stages of Work Order No. 4 and will soon be submitting Work Order No. 5 for BCC consideration. Work Order No.4 requires a build out of a site to be located beach side in Vero Beach, to provide the necessary transmit and receive coverage that have shown to be problematic with the existing legacy system. Attempts have been made to locate the necessary antenna arrays on buildings located on the Barrier Island but all of these attempts have not materialized. This has left the County with the best available option to construct a monopole tower of sufficient height (85' to 100') to support the necessary antennas andmicrowave dishes (3') for the system. The County has been working closely with the City of Vero Beach through the planning process to locate the tower on the North West Corner of Fire Station #2. This tower will only be used for the County's radio system and no co -location of cell providers will be allowed. The radio frequency preparation studies have indicated that this location will correct the existing coverage issues. Continuing with the Board approved P25 migration project and agreement for service; the attached quote outlines cost of $267,126.05, making the total cost of Amended Work Order No. 4 of $1,813,041.39 FUNDING: Funding for the new tower site is to be derived via budget amendment from Optional Sales Tax Fund/Cash Forward Oct 1St ITEM Amount Account Number P25/Phase 2 $267,126.05 31512022-066510-16004 RECOMMENDATION: Staff recommends the Board approve this budget transfer and also approve the change order with Communications International Inc. for this project. ATTACHMENTS: New Tower Site Quote 292 • COMMUNICATIONS INTERNATIONAL An Employee Owned Company Customer: Indian River County Emergency Services ATT: Tad Stone 4225 43rd Ave Vero Beach FL 32967 772 567 2154 Quote Date: April 15, 2020 Valid Until Quote #: Customer ID: June 30, 2020 SW F11020A IRCES Quote/Project Description Tower Quote for Fire Station 2 All Pricing is Cost plus 20% Presented by: Steve Fisher Jeff Willingham Chief Engineer Area Manager Item Quantity Description CI Cost Mark Up 20% Unit Sale Extended Sale 1 1 Civils , Engineering ,Zoning, CD's, Water Management Permit, Survey's & Advanced GeoTech Reports $ 23,520.00 20% $ 28,224.00 $ 28,224.00 2 1 Sabre 100 Ft Monopole with Antenna Mounts $ 39,139.20 20% $ 46,967.04 $ 46,967.04 3 1 Site & Tower Grounding per Harris Specifications $ 19,765.20 20% $ 23,718.24 $ 23,718.24 4 1 Site Fencing with 10ft Gate, Tied to Grounding System $ 10,165.20 20% $ 12,198.24 $ 12,198.24 5 1 Fabric & Gravel Compound Area $ 6,354.00 20% $ 7,624.80 $ 7,624.80 6 1 Caison Foundation per Sabre Engineering Specs $ 40,562.40 20% $ 48,674.88 $ 48,674.88 7 1 Monopole Erection w Crane Services $ 20,755.20 20% $ 20,755.20 $ 24,906.24 8 1 Antenna & Line Installations $ 16,800.00 20% $ 20,160.00 $ 20,160.00 9 1 Geotechnical Reports $ 8,089.20 20% $ 9,707.04 $ 9,707.04 10 1 Waveguide & Cable Bridge $ 3,780.00 20% $ 4,536.00 $ 4,536.00 11 1 Freight to Indian River County $ 5,871.60 20% $ 7,045.92 $ 7,045.92 12 2 Grounding Buss Bar $ 50.81 20% $ 60.98 $ 121.96 13 1 8PEEPM Entry Panel 8 Port Panel Assembly w Cable Boots $ 2,402.64 20% $ 2,883.17 $ 2,883.17 14 2 PEEP Grounding Kit $ 246.05 20% $ 295.26 $ 590.52 15 1 Install Entry Panel in FS 2 Outside Wall and Refinish $ 4,140.00 20% $ 4,968.00 $ 4,968.00 16 1 CI Project Management & Services $ 24,800.00 $ 24,800.00 Special Note Items Notes and are shipped Instructions Heavy Freight Total $ 267,126.05 Quote subject to Ci standard terms and conditions. Submit Purchase Order to: Communications International 4450 US Highway 1 Vero Beach, FL 32967 www.ask4ci.com Company Confidential Quote accepted: Signature Print Name 293 • QUOTE TERMS AND CONDITIONS: C COMMUNICATIONS INATIONAL An Employee Owned Company 1. Quotes are exclusive of all installation and programming charges unless expressly stated and all applicable taxes. 2. Title will pass upon shipment, risk of loss will pass upon delivery to purchaser's facility. 3. Ordered equipment may be returned for a full refund, less a 25% restocking fee, if the equipment is returned unused and undamaged in its original packaging within six months after shipment. 4. Prices quoted are valid for the duration as noted above. 5. Net 30 days after invoice 6. Manufacturer's standard equipment warranty (which will be furnished upon request) applies to all ordered equipment. Communication International, Inc. DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO. THE ORDERED PRODUCTS, EXPRESS OR IMPLIED INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 7. Communication International, Inc.'s TOTAL LIABILITY ARISING FROM THE ORDERED PRODUCTS WILL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED, IN NO EVENT WILL COMMUNICATIONS INTERNATIONAL INC. BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. 8. These terms will prevail over any inconsistent or additional terms on any purchase order submitted by the purchaser. 294 Company Confidential INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason Brown, County Administrator THROUGH: Tad Stone, Director of Emergency Services FROM: Maria Resto, Radiological Emergency Analyst/Radio System Manager DATE: May 27, 2020 SUBJECT: Signing of Work Order No. 5 for Radio System P25 Migration Project 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: On August 16, 2016, the Board approved a migration project to the Federal Communications Commission P25 standard for interoperable digital two-way communications for public safety organizations. This is a planned upgrade and is partially funded in the amount of $1,500,000 in the County's Capital Improved Element (CIE). As you will recall, staff recommended commencing the upgrades in phases over a five-year period. Staff is now presenting Work Order No. 5 for the phased upgrade, which includes: - Equipment and labor to expand L3 Harris P25 System to 10 channels per site; Mastr V Spare Equipment; Replace the existing In building Bi -Directional amplifiers with P25 Phase 2 units at 9 existing county BDA locations; Removal of the old 800 MHz Radio System Antennas, EDACS System Equipment and DC Power Systems at each of the Sites; Reconfigure the 800 MHz Mutual Aid System and interface to the P25 System Continuing with the Board approved P25 migration project and agreement for service; the attached work order outlines the projects, associated cost of $1,582,579.51, and requires signing of the work order. FUNDING: Funding for Work Order No. 5 will be rolled -over into the current fiscal year via budget amendment from Optional Sales Tax Fund/Cash Forward Oct. 1st ITEM Amount Account Number P25/Phase 2 $1,582,579.51 31512022-066510-16004 295 RECOMMENDATION: Staff recommends the Board approve Work Order No.5 with Communications International Inc. and authorize the Chairman to execute the agreement. ATTACHMENTS: Work Order No. 5 & Attachment A Work Order 5 Quote 296 Indian River County Emergency Services 4225 43'd Avenue Vero Beach, Florida 32960 Telephone: (772) 226-3900 FAX: 772-567-9323 Project: P25 Radio Project Emergency Services WORK ORDER NO. 5 FOR THE COUNTYWIDE P25 MICROWAVE RADIO SYSTEM MIGRATION PROJECT WITH Communications International, Inc. This Work Order No. 5 to the Countywide P25 Radio System Migration Project dated May 26, 2020 is for the Radio System Contractor (Communications International) to perform work necessary to provide P25 Radio Communications Network Enhancements to the Indian River County (County) Radio System. Work Order No. 5 is as follows: SECTION I — PROJECT LIMITS This Work Order No. 5 includes tasks and services for Communications International to perform in connection with the radio system upgrade. SECTION II - SCOPE OF SERVICES As agreed upon between Communications International and County, that Communications International shall provide all engineering, design, supply necessary materials, and labor to: Expand L3 Harris P25 System from 5 Channels per Site to 10 Channels per Site; Supply Mastr V Spare Equipment; Replace the existing In building Bi -Directional amplifiers with P25 Phase 2 units at 9 existing county BDA locations; Remove the old 800 MHz Radio System Antennas, EDACS System Equipment and DC Power Systems at each of the Sites; Reconfigure the 800 MHz Mutual Aid System and interface to the P25 System as described in price quote dated 04- 15-2020. Milestones and pricing associated herein are attached to this Work Order No. 5 as Exhibit A and incorporated by reference herein. SECTION III — TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT Communications International shall provide the County: The services completed by Communications International and delivered to the county within 365 days from notice to commence. SECTION IV — COMPENSATION The County agrees to pay, and Communications International agrees to accept, for the above- described services rendered as identified in Sections I, 11, and III of this Work Order No. 5 for a 297 total amount of $1,582,579.51 Any additional services not described hereon shall be pre -approved by the County. All invoicing shall include itemized costs and materials expended to complete the work. IN WITNESS WHEREOF the parties hereto have executed these presents this 9th day of June, 2020. OWNER:. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA DESIGN/BUILDER: Communications International (Signature) (Signature) Susan Adams, Chairman Melissa Osmolski, Project Manager Approved by BCC ATTEST: Jeffrey R. Smith, Comptroller and Clerk of Circuit Court Witnessed by: Deputy Clerk (Signature) Approved as to Form and Legal Sufficiency: Dylan Reingold, County Attorney (Printed name) Jason Brown, County Administrator 298 EXHIBIT "A" Milestone Payment Schedule Milestone 1 Costumer Design Review Acceptance $111,092.40 Milestone 2 CI receipt of L3Harris Equipment & Install Materials $784,260.12 Milestone 3 CI receipt of Spare Equipment $70,151.79 Milestone 4 CI Receipt of the PSAP's Backup Radio $92,394.10 Milestone 5 Supply & Install PSAP Backup Radios & Antenna Systems $37,410.60 Milestone 6 Supply & Replace BDA's @ 9 County Locations IRC Jail 5 BDA Units IRCSO Dispatch IRCES Building IRC Court House Sebastian Hospital ER $73,604.75 Milestone 7 Tower Crew Services to Remove Old EDACS 800 Mhz Antenna System $43,718.40 Milestone 8 Removal of 800 Mhz EDACS System & Old DC Power Systems at each Site $51,918.75 Milestone 9 Reconfiguration of the 800 Mhz Mutual Aid System $51,420.00 Milestone 10 Installation, Engineering, Project Management and Transport of Old Equipment to County Warehouse. Transport DC Power Systems to an Approved Disposal Vendor $266,638.60 TOTAL INVOICING: $1,582,579.51 299 J • C] COMMUNICATIONS INTERNATIONAL An Employee Owned Company Customer: Indian River County Emergency Services ATT: Tad Stone 4225 43rd Ave Vero Beach FL 32967 772 567 2154 Quote 4/15/2020 Date: Valid Until Quote #: Customer ID: IRCES 6/30/2020 SWF10011019A Quote/Project Description Stage 5 of Public Safety Radio System Upgrade to P25 Phase 2. Build Out of the System to 10 Channels. Replace Backup radio Systems at the PSAP's Presented by: Henry Erfurt Steve Fisher Director of Major Accounts Chief Engineer Item Qty Model Description Unit Price Extended Sale 1 1 L3Harris Expand L3 Harris P25 System from 5 Channels per Site to 10 Channels per Site $ 766,383.98 $ 766,383.98 2 1 L3Harris Mastr V Station Spares $ 70,151.79 $ 70,151.79 3 1 L3Harris Six XL -185 Remote Mount 700/800 MHz Radios configured in a Remote Ethernet Control Configuration for the IRC EOC $ 36,957.64 $ 36,957.64 700/800 MHZ Control Station Combiners with Dual Element Antenna, Antenna Mounts, DC Power Supplies, Equipment 4 1 CI -V Shelves,Coaxial Cable, Connectors, Coaxial Surge $ 16,559.12 $ 16,559.12 Suppressors & Grounding Materials for the IRC EOC Five XL -185 Remote Mount 700/800 MHz Radios configured in 5 1 L3Harris a Remote Ethernet Control Configuration for the IRCSO $ 30,798.04 $ 30,798.04 Dispatch Center 700/800 MHZ Control Station Combiners with Dual Element Antenna, Antenna Mounts, DC Power Supplies, Equipment 6 1 CI -V Shelves,Coaxial Cable, Connectors, Coaxial Surge $ 9,193.44 $ 9,193.44 Suppressors & Grounding Materials for the IRC EOC Two XL -185 Remote Mount 700/800 MHz Radios configured in 7 1 L3Harris a Remote Ethernet Control Configuration for the Sebastian $ 12,319.21 $ 12,319.21 Dispatch Center 700/800 MHZ Control Station Combiner with700/800 Mhz Antenna, Antenna Mount, DC Power Supplies, Equipment 8 1 CI -V Shelves,Coaxial Cable, Connectors, Coaxial Surge $ 5,830.08 $ 5,830.08 Suppressors & Grounding Materials for the SPD Dispatch Center Two—XL-185 Remote Mount 700/800 MHz Radios configured in 9 1 L3Harris a Remote Ethernet Control Configuration for the Vero Beach $ 12,319.21 $ 12,319.21 Dispatch Center 700/800 MHZ Control Station Combiner with700/800 Mhz Antenna, Antenna Mount, DC Power Supplies, Equipment 10 1 CI -V Shelves,Coaxial Cable, Connectors, Coaxial Surge $ 5,827.96 $ 5,827.96 Suppressors & Grounding Materials for the VBPD Dispatch Center 11 1 _ CI -V Coaxial Cable, Connectors, and Installation Materials for the 5 Channel Expansion at each Site $ 17,846.14 $ 17,846.14 Replacement of the Existing In Building Bi -Directional Amplifiers with P25 Phase 2 Units at the Following Locations IRC Jail 5 BDA Units 12 1 CI -V IRCSO Dispatch $ 73,604.75 $ 73,604.75 IRCES Building IRC Court House Sebastian Hospital ER 13 1 CI -V Tower Crew Services to Remove the Old 800 Mhz Radio System Antennas $ 43,718.40 $300 43,718.40 14 . 1 CI -L Removal of the Old EDACS System Equipment & Old DC Power Systems at each of the Sites $ 51,918.75 $ 51,918.75 15 1 CI -L Reconfiguration of the 800 Mhz Mutual Aid System and • Interface to the P25 System $ 51,420.00 $ 51,420.00 16 1 CI -L Installation, Engineering, Project Management and Transport Old Equipment to County Warehouse. Transport DC Power Plants to an Approved Disposal Vendor $ 377,731.00 $ 377,731.00 Special Disposal of and Require Notes and Instructions the DC Power Plants and Batteries are considered Hazardous Materials Special Disposal. Total $ - $ 1,582,579.51 Assumptions Quote subject to Ci standard terms and conditions. Submit Purchase Order to: Communications International 4450 US Highway 1 Vero Beach, FL 32967 www.ask4ci.com QUOTE TERMS AND CONDITIONS: • Quote accepted: Signature Date Print Name COMMUNICATIONS INTERNATIONAL An Employee Owned Company Title 1. Quotes are exclusive of all installation and programming charges unless expressly stated and all applicable taxes. 2. Title will pass upon shipment, risk of loss will pass upon delivery to purchaser's facility. 3. Ordered equipment may be retumed for a full refund, less a 25% restocking fee, if the equipment is retumed unused and undamaged in its original packaging within six months after shipment. 4. Prices quoted are valid for the duration as noted above. 5. Net 30 days after invoice 6. Manufacturer's standard equipment warranty (which will be furnished upon request) applies to all ordered equipment. Communication International, Inc. DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE ORDERED PRODUCTS, EXPRESS OR IMPLIED INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 7. Communication International, Inc.'s TOTAL LIABILITY ARISING FROM THE ORDERED PRODUCTS WILL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED, IN NO EVENT WILL COMMUNICATIONS INTERNATIONAL INC. BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. 8. These terms will prevail over any inconsistent or additional terms on any purchase order submitted by the purchaser. 301 June 9, 2020 ITEM 14.C.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: May 12, 2020 SUBJECT: Discussion on Postponing Increases to Title X, Impact Fees, due to Economic Hardships of the Coronavirus FROM: Tim "."---.70/ Commissioner, District 3 Discussion Item: On March 10, 2020, the Board of County Commissioners approved an ordinance to amend Title X, Impact Fees, of the Code of Indian River County by adopting proposed new impact fee schedules for unincorporated Indian River County and the municipalities, and by adopting related amendments including revisions to level of service standards used in Impact Fee calculations and revisions to Impact Fee benefit districts. In light of the coronavirus and its developing economic challenges, I'd like to discuss postponing the new increase to Impact Fees by between 6 and 12 months, while leaving in-place the June 2020 fee reductions for affordable housing. 302 Pent -Up Demand Lifts May New Home Sales 21%, Survey Finds - WSJ • V °EI 5; ee+1 any:k21 CO-Vviro nu( This copy is for your personal, non-commercial use only. To order presentation -ready copies for distribution to your colleagues, clients or customers visit https://www.djreprints.com. https://www.wsj.com/articles/pent-up-demand-lifts-may-new-home-sales-21-survey-finds-11591366512 • WSJ NEWS EXCLUSIVE 1 REAL ESTATE Pent -Up Demand Lifts May New Home Sales 21%, Survey Finds Real-estate brokers say business has increased as stay-at-home restrictions ease and mortgage rates remain near record lows A construction worker put roofing on an apartment home in May in Uniondale, N.Y. PHOTO:AL BELLO/GETTY IMAGES By Nicole Friedman June 5,202010:15 am ET Sales of newly built homes surged in May, a new survey shows, the latest sign that the housing market is already recovering from a sharp drop in home sales due to the pandemic. New home sales rose 21% in May from a year earlier, and the average sales rate per community rose 24% year -over -year, according to a survey of more than 300 U.S. builders conducted by John Burns Real Estate Consulting LLC. The survey offers an early nationwide snapshot of sales activity around the country. Official figures for May new -home sales are set to be released by the Commerce Department on June 23. The survey suggests those numbers should reflect a significant improvement over the preceding months, when home -shopping demand plunges in March and April as potential buyers stayed indoors and unemployment rose. Demand has started rising in recent weeks, real-estate brokers say, as stay-at-home restrictions ease and mortgage rates remain near record lows. We have definitely seen green shoots in the last month. We've definitely seen growth off the bottom. — Margaret Whelan, CEO of Whelan Advisory "We have definitely seen green shoots in the Last month. We've definitely seen growth off the bottom," said Margaret Whelan, chief executive of Whelan Advisory, a boutique investment bank for the housing industry. "The question is whether or not that's going to be sustainable." 6/6/20, 8:54 AM https://www.wsj.com/articles/pent-up-demand-lifts-may-new-home-sales-2l-survey-finds-11591366512?mod=searchresults Page 1 of 3 Pent -Up Demand Lifts May New Home Sales 21%, Survey Finds - WSJ 6/6/20, 8:54 AM Mortgage applications for home purchases in the week ended May 29 also rose for the seventh straight week, up 5.3% from a week earlier and 17% from a year earlier, according to the Mortgage Bankers Association. The spring is typically the most important season for home builders, as families want to buy houses and move in before the start of a new school year. Some of the recent buying represents springtime demand that was delayed by a month or two, said John Burns, CEO of John Burns Real Estate Consulting. Other buyers who planned to buy homes in 2021 or later are moving up their timelines, Mr. Burns said. "People don't want to be quarantined again in a place they don't like," he said, "so if you were thinking about buying, even next year, you're like, `Let's do it now." RELATED Coronavirus Is Sending Luxury Rental Markets on a Rollercoaster Ride (June 4) Market watchers caution that sales could slow later in the year as pent-up flow Do Real -Estate Agents Show Homes During Coronavirus? 'With Extreme Caution.' (June 3) demand declines, especially if there is another wave of widespread job losses or a resurgence of the coronavirus. The U.S. jobless rate fell to 13.3% in May, the Labor Department said Friday. New -home sales can also be volatile, and a large move one month might not indicate a trend. jVew York City Property Taxes Rise as Coronavirus Pushes Values Down (May 31) Sales were strongest in Florida, up 59% from a year ago, and in the Midwest, up 48% in the same period, the survey showed. Sales in the Northeast, Northwest and Southern California fell from a year earlier. Homes by WestBay LLC, a builder in Riverview, Fla., recently raised its annual sales forecast to 835 home closings, up from 775 in its earlier outlook. "I expected April to be very slow, but it was only kind of slow," said Homes by WestBay President Willy Nunn. The company's cancellation rate rose to 27% in April, compared with a typical rate of 17%, he said. "And then May rebounded and was exceptionally strong," Mr. Nunn said. New homes, which typically make up about 10% of the market, have benefited as homeowners have opted not to sell during the pandemic, reducing the supply of existing homes in many regions. The total inventory of homes for sale as of May 30 was about 20% lower than a year earlier, according to Realtor.com. ( News Corp, parent of The Wall Street Journal, operates Realtor.com.) SHARE YOUR THOUGHTS Were you planning to buy or sella home this spring? What has your experience been?Join the conversation below. New -home sales unexpectedly rose 0.6% in April from the prior month, according to the https://www.wsj.com/articles/pent-up-demand-lifts-may-new-home-sales-2l-survey-finds-11591366512?mod=searchresults Page 2 of 3 3Q2-- Pent -Up Demand Lifts May New Home Sales 21%, Survey Finds - WSJ 6/6/20, 8:54 AM Commerce Department. New -home sales are measured when contracts are signed. Pending sales of existing homes, which are also measured when contracts are signed, fell 22% in April from March, according to the National Association of Realtors. NAR said it expects existing -home sales to bottom in May before ticking higher. Tim Fritz, an accountant, and Sara Hann, a critical -care nurse, bought a newly built home in Shippensburg, Penn., last month. "Having uncertainty with the economy right now, obviously it is scary," said Mr. Fritz, who is 30 years old. "But knowing that we were able to get a lower mortgage rate because of everything that's going on right now, that was a huge benefit for us." Write to Nicole Friedman at picole.friedman(l jysj.com Copyright © 2020 Dow Jones & Company, Inc. All Rights Reserved This copy is for your personal, non-commercial use only. To order presentation -ready copies for distribution to your colleagues, clients or customers visit https://www.djreprints.com. https://www.wsj.com/articles/pent-up-demand-lifts-may-new-home-sales-2l-survey-finds-11591366512?mod=searchresults Page 3 of 3 /1-74-7 BCC AGENDA COMMISSIONERS MATTERS INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners SUBJECT: Commissioners Open Dialogue At the request of the Board of County Commissioners, an Open Dialogue section will be added to the agenda on a monthly basis. This section will be an opportunity for Commissioners to provide updates and/or reports on progress, meetings, or activities related to topics of interest to the Commission and Public. This is for the purpose of sharing information only; action will not be taken by the Board on matters discussed under Commissioners Open Dialogue section. 304 Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Emergency Services District Meeting Minutes - Draft Tuesday, February 18, 2020 9:00 AM Commission Chambers Board of Commissioners Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Terri Collins -Lister, Deputy Clerk 305 Board of Commissioners ESD Meeting Minutes - Draft February 18, 2020 A. Emergency Services District 15.A.1. 20-1246 The Board of County Commissioners reconvened as the Board of Commissioners of the Emergency Services District. The minutes will be approved at an upcoming Emergency Services District meeting. Approval of Affiliation Agreement Renewal between Health Career Institute, LLC and Indian River County Emergency Services District Recommended Action: Staff recommends approval of the, second one (1) year extension of the Affiliation Agreement between Health Career Institute, LLC and Indian River County Emergency Services District. Attachments: Staff Report Affiliation Agreement Clerk's Note: This item was heard following Item 9.A., but is placed here for continuity: There was no discussion. A motion was made by Commissioner Solari, seconded by Commissioner O'Bryan, to approve staffs recommendation. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari The Board of Commissioners adjourned the Emergency Services District meeting and reconvened as the. Board of County Commissioners of the regular meeting. Indian River County Florida 3fge 1 16/`GR, Office of Emergency Services June 9, 2020 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan Prado, Assistant County Attorney TO: Board of County Commissioners THROUGH: Tad Stone, Emergency Services Director FROM: William K. DeBraal, Deputy County Attorney DATE: June 4, 2020 SUBJECT: Purchase of Parcel of Property for New Location of Station 7 Fire Station #7 was formerly located on 82nd Avenue. Over the years, hurricanes damaged the station and mold was found in the building, causing the station to be abandoned. The equipment and personnel were relocated to a temporary site in the Americana Plaza east of 1-95 and south of State Road 60. The temporary site is made up of a mobile home type structure and coverings for the engine and ambulance. This station responds to crashes on 1-95 and serves the mobile home communities along 82nd and 90th Avenues. Staff has been searching for an available location that is properly zoned and situated in an area that provides for prompt response times to calls for service. Safe and nearby access to a major thoroughfare is also desired. Staff has contacted Vero West Business Park, LLC (Vero West), owner of a parcel of property located at 1855 98th Avenue, Vero Beach. This 1.99 -acre parcel is located west of 1-95 and south of State Road 60. The parcel is unimproved and zoned IL, Light Industrial. A fire station is an allowable use in the IL zoning district. As you can see on the aerial photo of the parcel (Figure 1 below), the site provides access to State Road 60 via 98th Avenue. The parcel is not listed on the Multiple Listing Service, but Vero West was open to negotiations through its agent, Lambert Commercial Real Estate, Inc. An appraisal of the parcel was obtained from Boyle and Drake, a local appraisal firm. The appraisal report, available for review at the County Attorney's Office, establishes a value for the property at $430,000. This value is consistent with similarly zoned properties and is in the range of $5.00 per square foot. Attached is a Commercial Contract for the purchase and sale of the Vero West parcel. The purchase price is the appraised value of the property, $430,000. While Vero. West would have preferred to combine this parcel with others to make them more appealing to larger developments, Vero West is agreeable to sell to the County at the appraised price. 307 Contingencies of the sale include: • Paving and public dedication of 18th Street. In its current condition, 18th Street is unpaved between 98th Street and 100th East Villa Circle to the west. Paving of 18th Street between 98th Street and 100th East Villa Circle would occur during the site plan and construction process. It would then be dedicated as a public street. • Permission from the appropriate water control district to drain stormwater outfall into the nearby canal. • Approval by the Board of County Commissioners sitting as the Indian River Emergency Services District. • A "clean" Phase 1 Environmental Assessment of the parcel. Owner _ _ Property Address Malting Address VERO 'NEST BUSINESS PARK LLC 1855 98TH AV VERO BEACH, FL 32966 2875 SAINT BARTS SO VERO BEACH FL 32967 Figure 1. Aerial view of proposed Station 7 site. The paving and public dedication of 18th Street is not an issue for staff, as it had planned to use 18th Street for ingress/egress for the station. Ingress/egress from 18th Street will allow for easier maneuverability of vehicles to access the station parking bays. Funding: Funding for this expenditure is budgeted and available from the Emergency Services District Fund /Fire Services/All Land, Account # 11412022-066110. 308 Recommendation: Staff recommends the Board approve the Commercial Contract to purchase the 1.99 aces from Vero West for the amount of $430,000 with the existing contract contingencies and authorize the Chairman to sign on behalf of the Board. Copies to: Tad Stone, Emergency Services Director Kevin Barry, Esq. Attorney for Vero West 309 Commercial Contract 1 1. PARTIES AND PROPERTY: Indian River County Emergency Services District, a dependent special taxing district FloridaRealtors- 2 agrees to buy and Vero West Business Park, LLC 3 agrees to sell the property at: 4 Street Address: 1855 98th Avenue, Vero Beach, FL 32966 ("Buyer") ("Seller") 5 6 Legal Description: See attached Exhibit "A" 7 8 and the following Personal Property: None 9 10 (all collectively referred to as the "Property) on the terms and conditions set forth below. 11 2.. PURCHASE PRICE: $ 430,000.00 12 (a) Deposit held in escrow by: $ -0- 13 ("Escrow Agent") (checks are subject to actual and final collection) 14 Escrow Agent's address: Phone: 15 (b) Additional deposit to be made to Escrow Agent 16 ❑ within days (3 days, if left blank) after completion of Due Diligence Period or 17 ❑ within days after Effective Date $ -0- 18 (c) Additional deposit to be made to Escrow Agent 19 D within . days (3 days, if left blank) after completion of Due Diligence Period or 20 ❑ within days after Effective Date $ -0- 21 (d) Total financing (see Paragraph 5) $ -0- 22 (e) Other $ -0- 23 (f) All deposits will be credited to the purchase price at closing. 24 Balance to close, subject to adjustments and prorations, to be paid 25 via wire transfer. $ 430,000.00 26 For the purposes of this paragraph, "completion" means the end of the Due Diligence Period or upon delivery of 27 Buyer's written notice of acceptability. 28 .3. TIME FOR ACCEPTANCE; EFFECTIVE DATE; COMPUTATION OF TIME:. Unless this offer is signed by Seller 29 and Buyer and an executed copy delivered to all parties on or before June 10, 2020 , this offer 30 will be withdrawn and the Buyer's deposit, if any, will be returned. The time for acceptance of any counter offer will be 31 3 days from the date the counter offer is delivered. The "Effective Date" of this Contract is the date on which the 32 last one of the Seller and Buyer has signed or initialed and delivered this offer or the final counter offer or 33 . Calendar days will be used when computing time periods, except time periods of 5 34 days or less. Time periods of 5 days or less will be computed without including Saturday, Sunday, or national legal 35 holidays. Any time period ending on a Saturday, Sunday, or national legal holiday will extend until 5:00 p.m. of the next 36 business day. Time is of the essence in this Contract. 37 4. CLOSING DATE AND LOCATION: 38 (a) Closing Date: This transaction will be closed on or before June 30, 2020 (Closing Date), unless 39 specifically extended by other provisions of this Contract. The Closing Date will prevail over all other time periods 40 including, but not limited to, •ting and Due Diligence periods. In the event insurance underwriting is suspended Buyer ( ) ( ) and Seller acknowledge receipt of a copy of this page, which is Page 1 of 8 Pages. CC -5 Rev. 9/17 ©2017 Florida Realtors® Licensed to Alta Star Software and ID: 01021813796:N91 D.113941 Software and added formatting © 2020 Alta Star Software, all rights reserved. • www.altastar.com • (877) 279-8898 310 41 on Closing Date and Buyer is unable to obtain property insurance, Buyer may postpone closing up to 5 days after 42 the insurance underwriting suspension. is lifted. 43 (b) Location: Closing will take place in Indian River County, Florida. (If left blank, closing will take place in the 44 county where the property is located.) Closing may be conducted by mail or electronic means. 45 5. THIRD PARTY FINANCING: 46 BUYER'S OBLIGATION: On or before N/A days (5 days if left blank) after Effective Date, Buyer will apply for third 47 partyfinancing in an amount not to exceed N/A % of the purchase price or $ -0- , with a fixed 48 interest rate not to exceed N/A % per year with an initial variable interest rate not to exceed N/A %, with points or 49 commitment or loan fees not to exceed N/A % of the principal amount, for a term of N/A years, and amortized 50 over .N/A years, with additional terms as follows: 51 N/A 52 Buyer will timely provide any and all credit, employment, financial and other information reasonably required by any 53 lender. Buyer will use good faith and reasonable diligence to (i) obtain Loan Approval within N/A days (45 days if left 54 blank) from Effective Date (Loan Approval Date), (ii) satisfy terms and conditions of the Loan Approval, and (iii) close 55 the loan. Buyer will keep Seller and Broker fully informed about loan application status and authorizes the mortgage 56 broker and lender to disclose all such information to Seller and Broker. Buyer will notify Seller immediately upon 57 obtaining financing or being rejected by a lender. CANCELLATION: If Buyer, after using good faith and reasonable 58 diligence, fails to obtain Loan Approval by Loan Approval Date, Buyer may within N/A days (3 days if left blank) 59 deliver written notice to Seller stating Buyer either waives this financing contingency or cancels this Contract. 60 If Buyer does neither, then Seller may cancel this Contract by delivering written notice to Buyer at any time thereafter. 61 Unless this financing contingency has been waived, this Contract shall remain subject to the satisfaction, by closing, of 62 those conditions of Loan Approval related to the Property. DEPOSIT(S) (for purposes of Paragraph 5 only): If Buyer 63 has used good faith and reasonable diligence but does not obtain Loan Approval by Loan Approval Date and 64 thereafter either party elects to cancel this Contract as set forth above or the lender fails or refuses to close on or 65 before the Closing Date without fault on Buyer's part, the Deposit(s) shall be returned to Buyer, whereupon both 66 parties will be released from all further obligations under this Contract, except for obligations stated herein as surviving 67 the termination of this Contract. If neither party elects to terminate this Contract as set forth above or Buyer fails to use 68 good faith or reasonable diligence as set forth above, Seller will be entitled to retain the Deposit(s) if the transaction 69 does not close. For purposes of this Contract, "Loan Approval" means a statement by the lender: setting forth the terms 70 and conditions upon which the lender is willing to make a particular mortgage loan to a particular buyer. Neither a pre - 71 approval letter not a prequalification letter shall be deemed a Loan Approval for purposes of this Contract. 72 6. TITLE: Seller has the legal capacity to and will convey marketable title to the Property by X statutory warranty 73 deed ❑ special warranty deed ❑ other , free of liens, easements and 74 encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, 75 restrictions and public utility easements of record; existing zoning and governmental regulations; and (list any other 76 matters to which title will be subject) N/A 77 78 provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the 79 Property as a Fire Station 80 (a) Evidence of Title: The party who pays the premium for the title insurance policy will select the closing agent 81 and pay for the title search and closing services. Seller will, at (check one) X Seller's ❑ Buyer's expense and 82 within N/A days after Effective Date or at least 15 days before Closing Date deliver to Buyer (check one) 83 X(i) a title insurance commitment by a Florida licensed title insurer setting forth those matters to be discharged by 84 Seller at or before Closing and, upon Buyer recording the deed, an owner's policy in the amount of the purchase 85 price for fee simple title subject only to exceptions stated above. If Buyer is paying for the evidence of title and 86 Seller has an owner's policy, Seller will deliver a copy to Buyer within 15 days after Effective Date. ❑ (ii.) an 87 abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an existing firm. 88 However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed 89 insurer as a base for reissuance of coverage may be used. The prior policy will include copies of all policy 90 exceptions and an update in a format acceptable to Buyer from the policy effective date and certified to Buyer or Buyer ( ) ( ) and Seller d) acknowledge receipt of a copy of this page, which is Page 2 of 8 Pages. CC -5 Rev. 9/17 ©2017 Florida Realtors® Licensed to Alta Star Software and ID: 01021813796.M31D.113941 Software and added formatting © 2020 Alta Star Software, all rights reserved. • www.altastar,com • (877) 279-8898 311 91 Buyer's closing agent together with copies of all documents recited in the prior policy and in the update. If such 92 an abstract or prior policy is not available to Seller then (i.) above will be the evidence of title. 93 (b) Title Examination: Buyer will, within 15 days from receipt of the evidence of title deliver written notice to Seller 94 of title defects. Title will be deemed acceptable to Buyer if (1) Buyer fails to deliver proper notice of defects or (2) 95 Buyer delivers proper written notice and Seller cures the defects within 30 days from receipt of the notice 96 ("Curative Period"). Seller shall use good faith efforts to cure the defects. If the defects are cured within the 97 Curative Period, closing will occur on the latter of 10 days after receipt by Buyer of notice of such curing or the 98 scheduled Closing Date. Seller may elect not to cure defects if Seller reasonably believes any defect cannot be 99 cured within the Curative Period. If the defects are not cured within the Curative Period, Buyer will have 10 days 100 from receipt of notice of Seller's inability to cure the defects to elect whether to terminate this Contract or accept 101 title subject to existing defects and close the transaction without reduction in purchase price. 102 (c) Survey: (check applicable provisions below) 103 (i.) J$ Seller will, within 5 days from Effective Date, deliver to Buyer copies of prior surveys, 104 plans, specifications, and engineering documents, if any, and the following documents relevant to this 105 transaction: 106 107 prepared for Seller or in Seller's possession, which show all currently existing structures. In the event this 108 transaction does not close, all documents provided by Seller will be returned to Seller within 10 days from the 109 date this Contract is terminated. 110 X Buyer will, at ❑ Seller's Buyer's expense and within the time period allowed to deliver and examine 111 title evidence, obtain a current certified survey of the Property from a registered surveyor. If the survey reveals 112 encroachments on the Property or that the improvements encroach on the lands of another, ❑ Buyer will 113 accept the Property with existing encroachments X such encroachments will constitute a title defect to be 114 cured within the Curative Period. 115 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress. 116 7. PROPERTY CONDITION: Seller will deliver the Property to Buyer at the time agreed in its present "as is" condition, 117 ordinary wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition. Seller 118 makes no warranties other than marketability of title. in the event that the condition of the Property has materially 119 changed since the expiration of the Due Diligence Period, Buyer may elect to terminate the Contract and receive a 120 refund of any and all deposits paid, plus interest, if applicable, or require Seller to return the Property to the required 121 condition existing as of the end of Due Diligence period, the cost of which is not to exceed $ (1.5% of 122 the purchase price, if left blank). By accepting the Property "as is", Buyer waives all claims against Seller for any 123 defects in the Property. (Check (a) or (b)) 124 ❑ (a) As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its "as is" 125 condition. 126 X(b) Due Diligence Period: Buyer will, at Buyer's expense and within 15 days from Effective Date ("Due 127 Diligence Period"), determine whether the Property is suitable, in Buyer's sole and absolute discretion. During the 128 term of this Contract, Buyer may conduct any tests, analyses, surveys and investigations ("Inspections") which 129 Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, architectural, 130 environmental properties; zoning and zoning restrictions; flood zone designation and restrictions; subdivision 131 regulations; soil and grade; availability of access to public roads, water, and other utilities; consistency with local, 132 state and regional growth management and comprehensive land use plans; availability of permits, government 133 approvals and licenses; compliance with American with Disabilities Act; absence of asbestos, soil and ground 134 water contamination; and other inspections that Buyer deems appropriate. Buyer will deliver written notice to 135 Seller prior to the expiration of the Due Diligence Period of Buyer's determination of whether or not the Property 136 is acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance of the Property in 137 its present "as is" condition. Seller grants to Buyer, its agents, contractors and assigns, the right to enter the 138 Property at any time during the term of this Contract for the purpose of conducting Inspections, upon reasonable 139 notice, at a mutually agreed upon time; provided, however, that Buyer, its agents, contractors and assigns enter 140 the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller harmless from 141 losses, damages, costs, claims and expenses of any nature, including attorneys' fees at all levels, and from 142 liability to any person, arising from the conduct of any and all inspections or any work authorized by Buyer. Buyer 143 will not engage in any activity that could result in a mechanic's lien being filed against the Property without 144 Seller's prior written consent. n the event this transaction does not close, (1) Buyer will repair all damages to the Buyer ( ) ( ) and Selle acknowledge receipt of a copy of this page, which is Page 3 of 8 Pages. CC -5 Rev. 9/17 ©2017 Florida Realtors® Licensed to Alta Star Software and ID: 01021813796.NB10.113941 Software and added formatting © 2020 Alta Star Software, all rights reserved. • www.altastar.com • (877) 279-8898 312 145 Property resulting from the Inspections and retum the Property to the condition it was in prior to conduct of the 146 Inspections, and (2) Buyer will, at Buyer's expense release to Seller all reports and other work generated as a 147 result of the Inspections. Should Buyer deliver timely notice that the Property is not acceptable, Seller agrees that 148 Buyer's deposit will be immediately returned to Buyer and the Contract terminated. 149 (c) Walk-through Inspection: Buyer may, on the day prior to closing or anyother time mutually agreeable to the 150 parties, conduct a final "walk-through" inspection of the Property to determine compliance with this paragraph and 151 to ensure that all Property is on the premises. 152 8. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Property and any 153 business conducted on the Property in the manner operated prior to Contract and will take no action that would 154 adversely impact the Property after closing, as to tenants, lenders or business, if any. Any changes, such as renting 155 vacant space, that materially affect the Property or Buyer's intended use of the Property will be permitted X only with 156 Buyer's consent ❑ without Buyer's consent. 157 9. CLOSING PROCEDURE: Unless otherwise agreed or stated herein, closing procedure shall be in accordance with 158 the norms where the Property is located. 159 (a) Possession and Occupancy: Seller will deliver possession and occupancy of the Property to Buyer at 160 closing. Seller will provide keys, remote controls, and any security/access codes necessary to operate all locks, 161 mailboxes, and security systems. 162 (b) Costs: Buyer will pay Buyer's attorneys' fees, taxes and recording fees on notes, mortgages and financing 163 statements and recording fees for the deed. Seller will pay Seller's attorneys' fees, taxes on the deed and 164 recording fees for documents needed to cure title defects. If Seller is obligated to discharge any encumbrance at or 165 prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances. 166 (c) Documents: Seller will provide the deed; bill of sale; mechanic's lien affidavit; originals of those assignable 167 service and maintenance contracts that will be assumed by Buyer after the Closing Date and letters to each 168 service contractor from Seller advising each of them of the sale of the Property and, if applicable, the transfer of its 169 contract, and any assignable warranties or guarantees received or held by Seller from any manufacturer, 170 contractor, subcontractor, or material supplier in connection with the Property; current copies of the condominium 171 documents, if applicable; assignments of leases, updated rent roll; tenant and lender estoppels letters (if 172 applicable); tenant subordination, non -disturbance and attornment agreements (SNDAs) required by the Buyer or 173 Buyer's lender, assignments of permits and licenses; corrective instruments; and letters notifying tenants of the 174 change in ownership/rental agent. If any tenant refuses to execute an estoppels letter, Seller, if requested by the 175 Buyer in writing, will certify that information regarding the tenant's lease is correct. If Seller is an entity, Seller will 176 deliver a resolution of its governing authority authorizing the sale and delivery of the deed and certification by the 177 appropriate party certifying the resolution and setting forth facts showing the conveyance conforms to the 178 requirements of local law. Seller will transfer security deposits to Buyer. Buyer will provide the closing statement, 179 mortgages and notes, security agreements, and financing statements. 180 (d) Taxes and Prorations: Real estate taxes, personal property taxes on any tangible personal property, bond 181 payments assumed by Buyer, interest, rents (based on actual collected rents), association dues, insurance 182 premiums acceptable to Buyer, and operating expenses will be prorated through the day before closing. If the 183 amount of taxes for the current year cannot be ascertained, rates for the previous year will be used with due 184 allowance being made for improvements and exemptions. Any tax proration based on an estimate will, at request 185 of either party, be readjusted upon receipt of current year's tax bill; this provision will survive closing. 186 (e) Special Assessment Liens: Certified, confirmed, and ratified special assessment liens as of the Closing Date 187 will be paid by Seller. If a certified, confirmed, and ratified special assessment is payable in installments, Seller will 188 pay all installments due and payable on or before the Closing Date, with any installment for any period extending 189 beyond the Closing Date prorated, and Buyer will assume all installments that become due and payable after the 190 Closing Date. Buyer will be responsible for all assessments of any kind which become due and owing after Closing 191 Date, unless an improvement is substantially completed as of Closing Date. If an improvement is substantially 192 completed as of the Closing Date but has not resulted in a lien before closing, Seller will pay the amount of the last 193 estimate of the assessment. This subsection applies to special assessment liens imposed by a public body and 194 does not apply to condominium association special assessments. 195 (f) Foreign Investment in Real Property Tax Act (FIRPTA): If Seller is a"foreign person" as defined by FIRPTA, 196 Seller and Buyer agree to comply with Section 1445 of the Internal Revenue Code. Seller and Buyer will 197 complete, execute, and deli directed any instrument, affidavit, or statement reasonably necessary to comply Buyer ( ) ( ) and Selle acknowledge receipt of a copy of this page, which is Page 4 of 8 Pages. CC -5 Rev. 9/17 ©2017 Florida Realtors® Licensed to Alta Star Software and ID: D1021813796.N81D.113941 Software and added formatting © 2020 Alta Star Software, all rights reserved. • www.altastar.com • (877) 279-8898 313 198 with the FIRPTA requirements, including delivery of their respective federal taxpayer identification numbers or 199 Social Security Numbers to the closing agent. If Buyer does not pay sufficient cash at dosing to meet the 200 withholding requirement, Seller will deliver to Buyer at closing the additional cash necessary to satisfy the 201 requirement. 202 10. ESCROW AGENT: Seller and Buyer authorize Escrow Agent or Closing Agent (collectively "Agent") to receive, 203 deposit, and hold funds and other property in escrow and, subject to collection, disburse them in accordance with the 204 terms of this Contract. The parties agree that Agent will not be liable to any person for misdelivery of escrowed items to 205 Seller or Buyer, unless the misdelivery is due to Agent's willful breach of this Contract or gross negligence. If Agent 206 has doubt as to Agent's duties or obligations under this Contract, Agent may, at Agent's option, (a) hold the escrowed 207 items until the parties mutually agree to its disbursement or until a court of competent jurisdiction or arbitrator 208 determines the rights of the parties or (b) deposit the escrowed items with the clerk of the court having jurisdiction over 209 the matter and file an action in interpleader. Upon notifying the parties of such action, Agent will be released from all 210 liability except for the duty to account for items previously delivered out of escrow. If Agent is a licensed real estate 211 broker, Agent will comply with Chapter 475, Florida Statutes. In any suit in which Agent interpleads the escrowed items 212 oris made a party because of acting as Agent hereunder, Agent will recover reasonable attorney's fees and costs 213 incurred, with these amounts to be paid from and out of the escrowed items and charged and awarded as court costs 214 in favor of the prevailing party. 215 11. CURE PERIOD: Prior to any claim for default being made, a party will have an opportunity to cure any alleged 216 default. If a party fails to comply with any provision of this Contract, the other party will deliver written notice to the non - 217 complying party specifying the non-compliance. The non -complying party will have 5 days (5 days if left blank) after 218 delivery of such notice to cure the non-compliance. Notice and cure shall not apply to failure to close. 219 12. FORCE MAJEURE: Buyer or Seller shall not be required to perform any obligation under this Contract or be liable 220 to each other for damages so long as performance or non-performance of the obligation, or the availability of services, 221 insurance, or required approvals essential to Closing, is disrupted, delayed, caused or prevented by Force Majeure. 222 "Force Majeure" means: hurricanes, floods, extreme weather, earthquakes, fire, or other acts of God, unusual 223 transportation delays, or wars, insurrections, or acts of terrorism, which, by exercise of reasonable diligent effort, the 224 non-performing party is unable in whole or in part to prevent or overcome. All time periods, including Closing Date, will 225 be extended a reasonable time up to 7 days after the Force Majeure no longer prevents performance under this 226 Contract, provided, however, if such Force Majeure continues to prevent performance under this Contract more than 227 30 days beyond Closing Date, then either party may terminate this Contract by delivering written notice to the other 228 and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all further obligations under this Contract 229 13. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is 230 not met and Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit 231 will be returned in accordance with applicable Florida Laws and regulations. 232 14. DEFAULT: 233 (a) In the event the sale is not closed due to any default or failure on the part of Seller other than failure to make 234 the title marketable after diligent effort, Buyer may elect to receive return of Buyer's deposit without thereby 235 waiving any action for damages resulting from Seller's breach and may seek to recover such damages or seek 236 specific performance. If Buyer elects a deposit refund, Seller may be liable to Broker for the full amount of the 237 brokerage fee. 238 (b) In the event the sale is not closed due to any default or failure on the part of Buyer, Seller may either (1) 239 . retain all deposit(s) paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the 240 execution of this Contract, and in full settlement of any claims, upon which this Contract will terminate or (2) seek 241 specific performance. If Buyer fails to timely place a deposit as required by this Contract, Seller may either (1) 242 terminate the Contract and seek the remedy outlined in this subparagraph or (2) proceed with the Contract without 243 waiving any remedy for Buyer's default. 244 15. ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the 245 prevailing party, which for purposes of this provision will include Buyer, Seller and Broker, will be awarded reasonable 246 attorneys' fees, costs, and expenses. 247 16. NOTICES: All notices will be in writing and may be delivered by mail, overnight courier, personal delivery, or 248 electronic means. Parties agree to send all notices to addresses specified on the signature page(s). Any notice, 249 document, or item given by or delivered to an attorney or real estate licensee (including a transaction broker) 250 representing a party will be as effective as if given by or delivered to that party. Buyer ( ) ( ) and Selleacknowledge receipt of a copy of this page, which is Page 5 of 8 Pages. CC -5 Rev. 9/17 ©2017 Florida Realtors° Licensed to Alta Star Software and ID: D1021813796.N81D.113941 Software and added formatting © 2020 Alta Star Software, all rights reserved. • www.altastar.com • (877) 279-8898 314 251 17. DISCLOSURES: 252 (a) Commercial Real Estate Sales Commission Lien Act: The Florida Commercial Real Estate Sales 253 Commission Lien Act provides that a broker has a lien upon the owners net proceeds from the sale of 254 commercial real estate for any commission earned by the broker under a brokerage agreement. The lien upon the 255 owners net proceeds is a lien upon personal property which attaches to the owners net proceeds and does not 256 attach to any interest in. real property. This lien right cannot be waived before the commission is earned. 257 (b) Special Assessment Liens Imposed by Public Body: The Property may be subject to unpaid special 258 assessment lien(s) imposed by a public body. (A public body includes a Community Development District.) Such 259 liens, if any, shall be paid as set forth in Paragraph 9(e). 260 (c) Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in 261 sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that. 262 exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon 263 and radon testing may be obtained from your county public health unit. 264 (d) Energy -Efficiency Rating Information: Buyer acknowledges receipt of the information brochure required by 265 Section 553.996, Florida Statutes. 266 18. RISK OF LOSS: 267 (a) If, after the Effective Date and before closing, the Property is damaged by fire or other casualty, Seller will 268 bear the risk of loss and Buyer may cancel this Contract without liability and the deposit(s) will be retumed to 269 Buyer. Alternatively, Buyer will have the option of purchasing the Property at the agreed upon purchase price and 270 Sellerwill credit the deductible, if any and transfer to Buyer at closing any insurance proceeds, or Seder's claim 271 to any insurance proceeds payable for the damage. Seller will cooperate with and assist Buyer in collecting any 272 such proceeds. Seller shall not settle any insurance claim for damage caused by casualty without the consent of 273 the Buyer. 274 (b) If, after the Effective Date and before closing, any part of the Property is taken in condemnation or under the 275 right of eminent domain, or proceedings for such taking will be pending or threatened, Buyer may cancel this 276 Contract without liability and the deposit(s) will be returned to Buyer. Altematively, Buyer will have the option of 277 purchasing what is left of the Property at the agreed upon purchase price and Seller will transfer to the Buyer at 278 closing the proceeds of any award, or Seller's claim to any award payable for the taking. Seller will cooperate 279 with and assist Buyer in collecting any such award. 280 19. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise 0 is not 281 assignable 12( is assignable. If this Contract may be assigned, Buyer shall deliver a copy of the assignment agreement 282 to the Seller at least 5 days prior to Closing. The terms "Buyer," "Seller" and "Broker" may be singular or plural. This 283 Contract is binding upon Buyer, Seller and their heirs, personal representatives, successors and assigns (if 284 assignment is permitted). 285 20. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller. 286 Modifications of this Contract will not be binding unless in writing, signed and delivered by the party to be bound. 287 Signatures, initials, documents referenced in this Contract, counterparts and written modifications communicated 288 electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. Handwritten or 289 typewritten terms inserted in or attached to this Contract prevail over preprinted terms. If any provision of this Contract 290 is or becomes invalid or unenforceable, all remaining provisions will continue to be fully effective. This Contract will be 291 construed under Florida law and will not be recorded in any public records. 292 21. BROKERS: Neither Seller nor Buyer has used the services of, or for any other reason owes compensation to, a 293 licensed real estate Broker other than: 294 (a) Seller's Broker: Lambert Commercial Real Estate, Inc. Ronald Lambert (Licensee) 295 2945 20th Street, Vero Beach, FL 32960 (772) 778-2334/(772) 569-9155/ron@lambertcommerclal.com (Address, Telephone, Fax, E-mail) 296 who 0 is a single agent F( is a transaction broker 0 has no brokerage relationship and who will be compensated_ by 297 X Seller 0 Buyer 0 both parties pursuant to 0 a listing agreement other (specify) 298 5% of the Purchase Price to be paid by Seller at Closing 299 300 (b) Buyer's Broker: Lambert Commercial Real Estate, Inc. Ronald Lambert (Company Name) (Licensee) 301 2945 20th Street, Vero Beach, FL 32960 (772) 778-2334/(772) 569-9155/ron@lambertcommercial.com (Company Name) Buyer ( ) L___) and Sell (Address, Telephone, Fax, E-mail) acknowledge receipt of a copy of this page, which is Page 6 of 8 Pages. CC -5 Rev. 9/17 ©2017 Florida Realtors® Licensed to Alta Star Software and ID: D1021813796.NB1D.113941 Software and added formatting © 2020 Alta Star Software, all rights reserved. • www.altastar.com • (877) 279-8898 315 302 who CI is a single agent X is a transaction broker ❑ has no brokerage relationship and who will be compensated by 303 ❑ Seller's Broker Seller LI Buyer❑ both parties pursuantto❑ an MLS offer of compensation❑ other (specify) 304 305 (collectively referred to as "Broker") in connection with any act relating to the Property, including but not limited to 306 inquiries, introductions, consultations, and negotiations resulting in this transaction. Seller and Buyer agree to 307 indemnify and hold Broker harmless from and against losses, damages, costs and expenses of any kind, including 308 reasonable attorneys' fees at all levels, and from liability to any person, arising from (1) compensation claimed which is 309 inconsistent with the representation in this Paragraph, (2) enforcement action to collect a brokerage fee pursuant to 310 Paragraph 10, (3) any duty accepted by Broker at the request of Seller or Buyer, which is beyond the scope of 311 services regulated by Chapter 475, Florida Statutes, as amended, or (4) recommendations of or services provided and 312 expenses incurred by any third party whom Broker refers, recommends, or retains for or on behalf of Seller or Buyer. 313 22. OPTIONAL CLAUSES: (Check if any of the following clauses are applicable and are attached as an addendum to 314 this Contract): 315 D Arbitration ❑ Seller Warranty ❑ Existing Mortgage 316 ❑Section 1031 Exchange ❑ Coastal Construction Control Line 0 Buyer's Attorney Approval 317 0 Property Inspection and Repair 0 Flood Area Hazard Zone 0 Seller's Attomey Approval 318 0 Seller Representations 0 Seller Financing ;$ Other Exhibit "A- 319 23. ADDITIONAL TERMS: 320 A. Contract contingent on approval by the Board of County Commissioners for the Indian River County 321 Emergency Services District at the next Board Meeting scheduled for June 9. 2020. 322 323 B. Prior to the Closing Date and as a condition to the Closing. Seller and Indian River County. a political 324 subdivision of the State of Florida (the "County"). shall enter into a written agreement relating to the 60' right 325 of way up to the North/South 100th East Villa Circle Roadway that provides access over 18th Street to the 326 Property (the 'Parcel) providing that (1) the County and the public have access over the Parcel and (2) the 327 County agrees to treat the Parcel as a public right of way maintained and controlled by the County. The 328 foregoing shall be achieved either through the platting process with Seller of its adjoining properties or 329 through a purchase of the Parcel by the County for the purchase price of $1.00. 330 331 C. As a condition to Closing, the County shall seek and receive prior to June 30, 2020, permission from the 332 appropriate water control district to drain stormwater runoff into the nearby canal. 333 334 335 336 337 338 339 340 341 342 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE 343 ADVICE OF AN ATTORNEY PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL 344 FACTS AND REPRESENTATIONS THAT ARE IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE 345 PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE, INTERPRETING CONTRACTS, DETERMINING THE 346 EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF TITLE, FOREIGN INVESTOR 347 REPORTING REQUIREMENTS �) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND OTHER __r __' acknowledge receipt of a copy of this page, which is Page 7 of 8 Pages. Buyer( )( )andSelle CC -5 Rev. 9/17 ©2017 Florida Realtors® Licensed to Alta Star Software and ID: 01021813796.NB1D.113941 Software and added formatting © 2020 Alta Star Software, all rights reserved. • www.altastar.com • (877) 279-8898 316 348 ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUPY THE PROPERTY AND THAT ALL 349 REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER 350 REPRESENTATIONS OR PUBLIC RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF 351 THE REPRESENTATION. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND 352 GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY CONDITION, SQUARE FOOTAGE AND 353 FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. 354 Each person signing this Contract on behalf of a party that is a business entity represents and warrants to the other 355 party that such. signatory has full power and authority to enter into and perform this Contract in accordance with its 356 terms and each person executing this Contract and other documents on behalf of such party has been duly authorized 357 to do so. Indian River County Emergency Services District, a dependent special taxing district 358 Date: (Signature of Buyer 359 Tax ID No.: (Typed or Printed Name of Buyer) Telephone: 361 Date: (Signature of Buyer 362 Tax ID No.: (Typed or Printed Name of Buyer) 363 Title: Telephone: 364 Buyer's Address for purpose of notice 365 Facsimile: Email: Vero West c usin 366 kVA! �n.__. Date: ao Q (Signature of Seller) 360 Title: 367 Cynthia J. Putnam (Typed or Printed Name of Seller) 368 Title: Mana igna ure of Seller) 370 Robert Putnam (Typed or Printed Name of Seller) 371 Title: Manager : Tax ID No.: 84-3810359 Telephone: Date: (p --%— ? Tax ID No.: Telephone: (772) 532-4733 372 Seller's Address for purpose of notice: 2875 Saint Barts Square, Vero Beach, FL 32967 373 Facsimile: Email: bputnamno,bostonbarricade.com The Florida Association of REALTORS' makes no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and. isnot intended to identify the user as a REALTOR'. REALTOR' is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS' and who subscribe to its Code of Ethics. The copyright laws of the United S 1 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or Buyer ( ) ( ) and SeIIe acknowledge receipt of a copy of this page, which is Page 8 of 8 Pages. CC -5 Rev. 9/17 ©2017 Florida Realtors® Licensed to Alta Star Software and ID: 01021813796.NB1 D.113941 Software and added formatting © 2020 Alta Star Software, all rights reserved. • www.altastar.com • (877) 279-8898 317 Exhibit A Parcel: 33380400001009000002.1 Site Address: 1855 98TH AV VERO BEACH, FL 32966 Legal Description: INDIAN RIVER FARMS CO SUB PBS 2-25 COMM AT THE SE COR OF TR 9, SEC 4- 33-38; TH RUN N 89 DEG 57 MIN 12 SEC W, ALONG S LINE OF TR 9, 30 FT TO A PT ON THE W ROW OF 98TH AV & POB; TH CONT N 89 DEG 57 MIN 12 SEC W ALONG THE S UNE OF TR 9, 485.00 FT; TH RUN N PARALLEL TOTHE E LINE OF TR 9, 206.97 FT; TH S 89 DEG 57 MIN 12 SEC E, PARALLEL TO S LINE OF TR 9, 299.20 FT; TH N 00 DEG 02 M1N48 SEC E, 53.03 FT; TH S 89 DEG 57 MIN 12 SEC E, PARALLEL TO S LINE OF TR 9, 185.76 FT TO A PT ON THE W ROW OF 98TH AV;TH RUN S, ALONG W ROW ON A UNE PARALLEL TO & 30 FT W OF THE E LINE OF TR 9, 260.00 FT TO POB; LESS THAT DESC POR FOR RDR/WS (98TH AVE) PER OR BK 2213 PG 1155 & PER OR BK 2213 PG 1158" 318 Isle] Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com. Solid Waste Disposal District Meeting Minutes - Draft Tuesday, January 21, 2020 Commission Chambers Board of Commissioners Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Jacqueline Rizzo, Deputy Clerk 319 Board of Commissioners Meeting Minutes - Draft January 21, 2020 B. Solid Waste Disposal District The Board of County Commissioners reconvened as the Board of Commissioners of the Solid Waste Disposal District. The minutes will be approved at an upcoming Solid Waste Disposal District meeting. 15. B.1. 20-1230 Approval of Minutes Meeting of October 22, 2019 Recommended Action: Approve Attachments: 10222019 SWDD Draft A motion was made by Commissioner Solari, seconded by Vice Chairman Flescher, to approve the Solid Waste Disposal District Meeting Minutes of October 22, 2019 as written. The motion carried by the following vote: Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and Commissioner Solari Absent: 1 - Commissioner O'Bryan 15. B.2. 19-1118 Request to Approve Amendment No. 1 to CCNA-2018 Work Order No. 3 to Geosyntec to Provide Consulting Services Associated with Phase I of the Former South Gifford Road Landfill Redevelopment Plan Recommended Action: Staff recommends that the Solid Waste Disposal District Board approves and authorizes the Chairman to sign Amendment No. 1 to CCNA-2018 Work Order No. 3 authorizing Geosyntec to provide consulting services associated with Phase 1 of the Former South Gifford Road Landfill Redevelopment Plan, at a not -to -exceed fee of $21,948.58 Attachments: Staff Report Geosyntec Amendment No. 1 to CCNA2018 WO No 3 There was no discussion on this item. A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to approve staffs recommendation. The motion carried by the following vote: Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and Commissioner Solari Absent: 1 - Commissioner O'Bryan 15. B.3. 20-1234 Standardized Recycling Label License Agreement with Recycle Across America Recommended Action: Staff recommends the Board authorize the following: 1. Approve the Standardized Recycling Label License Agreement with Recycle Across America and authorize Indian River County Florida 3zege 1 Board of Commissioners Meeting Minutes - Draft January 21, 2020 Chairman to execute the agreement; and, 2. Authorize the Solid Waste Disposal District Managing Director, or his designee, to sign the Printing Agreement with a local vendor, as needed Attachments: Staff Report Sample Label License Agreement Sample Printing Agreement There was no discussion on this item. A motion was made by Commissioner Solari, seconded by Commissioner Zorc, to approve staffs recommendation. The motion carried by the following vote: Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and Commissioner Solari Absent: 1 - Commissioner O'Bryan 15. B.4. 20-1235 Change Order No. 7 to Thalle (Bid #2018025) Recommended Action: Solid Waste Disposal District staff recommends that its Board approve and authorize the Chairman to execute Change Order No. 7 approving the reconciliation of the project to increase the contract contingency as well as an extension in contract time for Milestone 2, and Final Completion by 43 days to Thalle Construction Company, Inc., for the Segment 3 Cell 2 Expansion, Segment 2 Partial Closure and Landfill Gas System Expansion project Attachments:. Staff Report CDM Smith Letter of Recommendation There was no discussion on this item. A motion was made by Commissioner Solari, seconded by Commissioner Zorc, to approve staffs recommendation. The motion carried by the following vote: Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and Commissioner Solari Absent: 1 - Commissioner O'Bryan Indian River County Florida 32Frge 2 Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Solid Waste Disposal District Meeting Minutes - Draft Tuesday, February 11, 2020. Commission Chambers Board of Commissioners Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Rhonda D. Zirkle, Deputy Clerk 322 Board of Commissioners SWDD Meeting Minutes - Draft February 11, 2020 B. Solid Waste Disposal District The Board of County Commissioners reconvened as the Board of Commissioners of the Solid Waste Disposal District. The minutes will be approved at an upcoming Solid Waste Disposal District meeting. A motion was made by Commissioner O'Bryan, seconded by Commissioner Solari, to approve the Meeting Minutes of November 5, 2019 and November 12, 2019. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 15.B.1. 20-1257. Approval of Minutes Meeting of November 5, 2019 Recommended Action: Approve Attachments: 11052019SWDD Draft Approved 15.B.2. 20-1272 Approval of Minutes Meeting November 12, 2019 Recommended Action: Approve Attachments: 11122019SWDD Draft 15.B.3. 20-1289 Recommended Action: Approved Final Pay to Geosyntec for Work Authorization CCNA-2018 WO No. 2 - Title V Air Operations Permit Modification Application Solid Waste Disposal District staff recommends that its Board approve Geosyntec Consultants, Inc.'s final invoice amount of $805.37 Attachments: Staff Report Geosvntec Project Completion Report, Final Invoice There was no discussion on this item. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to approve staffs recommendation. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari Indian River County Florida age 1 /583 Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Solid Waste Disposal District Meeting Minutes - Draft Tuesday, February 18, 2020 9:00 AM Commission Chambers Board of Commissioners Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Terri Collins -Lister, Deputy Clerk 324 Board of Commissioners SWDD Meeting Minutes - Draft February 18, 2020 B. Solid Waste Disposal District 15.6.1. 20-1318 The Board of County Commissioners reconvened as the Board of Commissioners of the Solid Waste Disposal District. The minutes will be approved at an upcoming Solid Waste Disposal District meeting. Award of Bid 2020028 - Transportation of Recyclables from Indian River County to St. Lucie County Recommended Action: Staff recommends the Solid Waste Disposal District Board authorize the following: 1. Award Bid 2020028 to Republic Services of Florida, Limited Partnership, as the lowest, responsible and responsive bidder for this project; and, 2. Authorize the Purchasing Manager, after approval by the Budget Office and after receipt of the required insurance, to issue a purchase order through the initial term of April 1, 2020, through September 30, 2020, and annually thereafter through September 30, 2025 Attachments: Staff Report Bid Tab There was no discussion. A motion was made by Commissioner Solari, seconded by Commissioner O'Bryan, to approve staffs recommendation. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 15.6.2. 20-1319 Final Payment to Mr. Mulch for the Yard Waste Processing Services Recommended Action: Solid Waste Disposal District staff recommends that the Board approve the final payment of $64,209.09 request to Russell Payne, Inc. d/b/a/ Mr. Mulch, Inc., and waive the requirement for a three-year tail coverage for Environmental Impairment insurance Attachments: Staff Report Final Invoice from Mr Mulch & Insurance Back -Up There was no discussion. A motion was made by Commissioner Zorc, seconded by Commissioner Solari, to approve staffs recommendation. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari Indian River County Florida 32'5ge 1 isz5y Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: May 29, 2020 To: Jason E. Brown, County Administrator From: Arjuna Weragoda, PE, Capital Projects Manager, Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Request to Purchase Enviro-Blocks from Inter -Block Retaining Systems, Inc. Descriptions and Conditions: Since 2015, the Indian River County (IRC) Landfill has utilized Enviro-Blocks from Inter -Block Retaining Systems, Inc. (Inter -Block) for use as storage bays in our single stream storage facilty. These were previously authorized by the Solid Waste Disposal District (SWDD) Board. Staff is in the planning process of constructing a new outdoor storage pad, which would hold two storage bays (80 feet x 60 feet) with a loading ramp (62 feet x 15 feet) in the middle. This would facilitate the transfer of corrugated cardboard and eventually tires. Staff has received the attached proposal from Inter -Block to provide approximately 399 Enviro-Blocks and installation for a total cost of $246,165.00. The unit rates for the blocks are only $5 higher than the previous purchase in July of 2015. Due to their familiarity with the block system, SWDD asked the vendor to include a cost for installation in the quote. Staff is requesting the SWDD Board waive the requirement for bids on this work and authorize the Purchasing Manager to issue a purchase order to Inter -Block. Analysis: SWDD has utilized the same type of blocks for over five years in our single stream transfer facility, and they have facilitated the proper storage of our single stream materials. The current cardboard bays have collapsed and the dirt -loading ramp is a safety hazard. The improvement of a new concrete pad (by others) with proper storage bays and a new ramp will facilitate better operations of our services. 326 Funding: Funding for this workin the amount of $246,165 is budgeted and available in our capital funds allocated for Fiscal Year 19/20 under Project No. 411-164051, which is funded from SWDD assessments and user fees. Recommendation: Solid Waste Disposal District (SWDD) staff recommends that its Board approve the following: a) Waive the requirement for bids for the purchase and installation of the Enviro-Block units from Inter -Block Retaining Systems in the total amount of $246,165.00. b) Authorize the Purchasing Manager to issue a purchase order to Inter -Block Retaining Systems for this project, after receipt and approval of the required vendor insurance. Attachments: 1. Proposal from Inter -Block Retaining Systems, Inc. 327 Inter -Block Retaining Systems Inc. PO Box 2992 Valley Center, CA 92082 US 760-751-0231 jmace@inter-block.com www.inter-block.com ADDRESS Indian River County Solid Waste Indian River County Finance Department County Admin Building 1801 27th Street, Bldg A Vero Beach, FL 32960 Estimate ESTIMATE # 1 DATE QTY EXPIRATION DATE 20-1329A 05/19/2020 i 06/15/2020 SHIP DATE 08/11/2020 SHIP VIA Best Way SHIP TO Indian River County Solid Waste Facility 1325 74th Ave. Vero Beach, FL 32968 SALES REP JM DATE ACTIVITY QTY RATE AMOUNT ***Per approved plan dated May 18, 2020*** Block - Regular:1 RF . 389 475.00 184,775.00 FULL ENVIRO-BLOCK UNIT (furnished to site) Block - Regular:2 RH 6 375.00 2,250.00 HALF ENVIRO-BLOCK UNIT (furnished to site) Block - Cross Beam:2 CBF 4 535.00 2,140.00 3 -CROSS BEAM FLAT ENVIRO-BLOCK UNIT (furnished to site) Install 399 100.00 39,900.00 Enviro-Block Wall Installation Miscellaneous 300 57.00 17,100.00 300' long 8"x8" x 1/2" angle iron furnished/installed with 8"x1/2" concrete anchor bolts. *****Tax Exempt. Certificate EIN # 0.00 Required***** This quote is valid for 30 days. Accepted By TOTAL Accepted Date $246,165.00 328 Please note that all accepted quotes will be under payment terms of Net 30 unless otherwise noted and agreed upon by both parties. PLAN VIEW - 3rd Course \\ F 3 \ \ TOTAL BLOCK COUNT PLAN VIEW - 1st Course !! \ LI 47 0 - En « CL ) REVISIONS 5 Wz >O gj O� rN O U w -J LL 0 0- g PLAN VIEW - 5th Course PLAN VIEW - 4th Course N REVISIONS 8