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HomeMy WebLinkAbout09/20/2022E7 vER O BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, SEPTEMBER 20, 2022 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Peter O'Bryan, Chairman, District 4 Jason E. Brown, County Administrator Joseph H. Earman, Vice Chairman, District 3 Dylan Reingold, County Attorney Susan Adams, District 1 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Joseph Flescher, District 2 Laura Moss, District 5 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Dr. Christina Moore, Rhema Apostolic International Deliverance Center 3. PLEDGE OF ALLEGIANCE Jason Brown, County Administrator 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Proclamation College Game Day In Indian River County September 20, 2022 Attachments: Proclamation 5.B. Introduction of Andrea Lazzari, OF IFAS Indian River County Extension Manager 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION September 20, 2022 Page 1 of 6 7.A. Proclamation Honoring Bruce Goodwyn On His Retirement After Forty -One Years of Public Service Attachments: Proclamation 7.B. Recycle Florida Today 2022 Award to Indian River County Attachments: Staff Report 8. CONSENT AGENDA 8.A. Blanket Travel Authorization for Commissioners, County Officers, and Staff for Fiscal Year 2022-2023 (October 1, 2022, through September 30, 2023) Attachments: Memorandum 8.B. Second Extension and Amendment to Annual Bid 2021003 for Telecommunication Systems Equipment, Material, Supplies, Maintenance and Installation Attachments: Staff Report Second Extension and Amendment - Gerelcom 8.C. Designation of Excess Equipment as Surplus and Authorization for Disposal Attachments: Staff Report Excess List for 092022 8.D. Consideration of the Livable Indian River County Action Plan Attachments: Staff Report Livable Indian River County Action Plan 8.E. Purchase Agreement between Indian River County Habitat for Humanity, Inc., and Indian River County Attachments: Staff Report Purchase Agreement 8.F. 66th Avenue Phase II Roadway Improvements - Utility -Related Work Attachments: Staff Report Work Order No 55 KHA 8.G. Acceptance and Approval of Expenditures of Emergency Management Program Grant (EMPG) Federally -Funded Subgrant Agreement; Agreement Number: G0371 Attachments: Staff Report FY 22-23 EMPG Grant Agreement (G0371) IRC Grant Form September 20, 2022 Page 2 of 6 8.H. Approval of Renewal of the Public Safety Communications System FX Software Services Agreement Attachments: Staff Report FX Software Services Agreement FX Software Quote 2022-2023 8.I. Acceptance and Approval of Expenditures for Emergency Management Preparedness Assistance (EMPA) State -Funded Subgrant Agreement; Agreement #A0237 Attachments: Staff Report FY 2022-2023 EMPA Agreement (A0237) IRC Grant Form 8.J. 2022/2023 State/County Contract Indian River County Health Department Attachments: Staff Report Health Dept Contract Cover Letter FY 22-23 2022-2023 State/County Contract 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Indian River County Sheriff Eric Flowers re: False Alarms, Adult Arcades, Sober Homes/Addiction Facilities, and Residency Restrictions for Sexual Offenders Attachments: Memorandum from Sheriff 9.B. Indian River County Sheriff Eric Flowers re: FY22 Auction Proceeds and FY22 Offender Fees Attachments: Memo from Sheriff Flowers 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Local Provider Participation Fund (LPPF) (ADMINISTRATIVE) Attachments: Staff Report LPPF Resolution 2022 Draft Assessment Roll Directed Payment Pgm Letter of Agreement B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS Assessment Resolution September 20, 2022 Page 3 of 6 A. Community Development 12.A.1. Amendments to the Variance criteria and application fees Attachments: Staff Report B. Emergency Services C. General Services 12.C.1. Updated Draft Environmental Lands Program Guide for the November 2022 Environmental Land Bond Referendum Attachments: Staff Report 2022 Draft Env Land Pgm Guide 9-20-22 rev D. Human Resources E. Information Technology F. Office of Management and Budget G. Public Works 12.G.1. Shoreline Performance Modeling, APTIM Work Order No. 2018008-04 (Item was tabled on Sept 13, 2022). Attachments: Staff Report APTIM Work Order No. 2018008-4 Work Order No. 2018008-4 execution form H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Construction Board of Adjustment and Appeals Member Appointment Attachments: Staff Report Kathryn Casano Radecke - Application 13.B. Indian River County - St. Lucie County Interlocal Agreement for Pre -Trial Services Attachments: Staff Report Indian River County - 22 - Pretrial 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman B. Commissioner Joseph H. Earman, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph E. Flescher E. Commissioner Laura Moss September 20, 2022 Page 4 of 6 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.11.1. Landfill Fence Project Attachments: Staff Report KMG Fence Proposal 15.B.2. Change Order No. 2 to Agreement with Biogas Engineering for a High Pressure Skid System Attachments: Staff Report BGE Change Order No 2 15.B.3. Amendment No. 1 to Payment Processing Services Statement of Work Agreement with nCourt, LLC Attachments: Staff Report Amendment No 1 to Agreement with nCourt LLC 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. September 20, 2022 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. September 20, 2022 Page 6 of 6 COLLEGE GAME DAY IN INDIAN RIVER COUNTY SEPTEMBER 20, 2022 -Whereas, high school sports have always been a prominent feature in the community of Indian River County; and -Whereas, Indian River County residents are proud of the athletic and academic successes of all of our students; and -Whereas, Fall brings the beginning of the school year and the start of the football season, bringing about excitement and energy to the community; and VYFiereas, some Indian River County student athletes will be continuing their athletic career in college by committing to or signing letters of intent with colleges around the country; and -Whereas, the School District of Indian River County is supporting their student athletes that are continuing their careers at college by encouraging all District staff and students to wear their favorite college shirt or jersey on September 20th in support. Wow, Therefore, be it Proclaimed by the Board of County Commissioners of Indian River County, gkwidi, that the Board proclaims Tuesday September 20th as "College Game Day in Indian River County" and the Board further proclaims that all Indian River residents should join the School District of Indian River County by wearing their favorite college shirt or jersey to support our student athletes that are continuing their careers at college. Adopted this 20th day of September, 2022. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Joseph H. Earman, Vice Chairman Susan Adams Joseph E. Flescher Laura Moss 1 PROCLAMATION CELEBRATING BRUCE GOODWYN ON HIS FORTY-ONE YEARS OF PUBLIC SERVICE WHEREAS, Bruce Goodwyn began his career as a Field Appraiser with the St. Lucie County Property Appraiser's Office on December 8, 1981; and then transitioned to Field Appraiser with the Indian River County Property Appraiser's Office on February 8, 1982; and, WHEREAS, Bruce served in several different areas from field appraiser, condominium appraiser, agricultural appraiser and commercial appraiser. He was then promoted and served as the Supervisor of the Real Estate Department, Office Manager and lastly, as Appraisal Services Division Head, cumulatively for more than 20 years of his career; and, WHEREAS, Bruce earned the designation of Certified Florida Evaluator on January 1, 1984; and, WHEREAS, Bruce has been a career member of both the International and Florida Chapters of the International Association of Assessing Officers; and, WHEREAS, Bruce has presented on several occasions as an expert speaker in the area of appraisals and served on the 2016-2017 Florida Association of Property Appraisers Apiculture Agricultural Classification Guidelines Committee representing the Indian River County Property Appraiser Office; and, WHEREAS, Bruce has served this County and Indian River County residents with distinction and selflessness. His 41 years of service has gained him the respect and admiration of his colleagues and co-workers. NOW, THEREFORE, BE IT PROCLAIMED that the Board of County Commissioners and staff applauds BRUCE GOODWYN and extends their thanks for doing such a great job in his 41 years of public service as Deputy Property Appraiser and wishes him a happy and prosperous retirement. Adopted this 20th day of September, 2022. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Joe Earman, Vice Chairman Susan Adams Joseph E. Flescher Laura Moss 2 7 Informational Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: September 12, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Thru: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD) Prepared By: Susan Flak, Recycling Education and Marketing Coordinator, SWDD Subject: Recycle Florida Today 2022 Award to Indian River County On September 8, 2022, Recycle Florida Today, Inc., awarded the 2022 Environmental Sustainability Award to Indian River County, Florida. Indian River County Solid Waste Disposal District staff presented the Fellsmere Fridge Project and was one of the three finalists that presented along with Collier County and Lee County. 2022 Recycle Florida Today Environmental Sustainability Award finalists '�►� F'I{�0� COLLICY C014k1ty - , Lee County so(V vasfe '40RIV' SWDD Agenda - Page P September 20, 2022 ITEM 8 Consent INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 13, 2022 SUBJECT: Blanket Travel Authorization for Commissioners, County Officers, and Staff for Fiscal Year 2022-2023 (October 1, 2022, through September 30, 2023) FROM: Ed Offutt, Commissioners' Assistant DESCRIPTION AND CONDITIONS: Commissioners sit on committees that sometimes require out -of -County travel (for example, Treasure Coast Regional Planning Council and Treasure Coast Sports Commission). Additionally, Commissioners, County Officers, and Staff may need to travel out -of -County for the following purposes: 1. to attend legislative conferences, policy conferences, and meetings scheduled by the Florida Association of Counties, National Association of Counties, and local/regional legislative programs; 2. to meet with State Representatives, State Senators, and State Agencies such as the Departments of Environmental Protection and Transportation, among others; 3. to attend the National Hurricane Conference, Florida Governor's Hurricane Conference, Florida Shore & Beach Preservation Association Conference, the Florida Governor's Conference on Tourism, and other state or regional conferences directly related to committees on which Commissioners and/or County Staff members serve; and 4. to lobby for the County's various projects (and associated grants), legislative priorities, or other proposed legislation. FUNDING: Funding for this travel has been included in the Fiscal Year 2022-2023 budget. RECOMMENDATION: Approval is recommended for Commissioners, County Officers, and Staff to travel out -of -County for current and future assigned committee meetings and the programs, meetings, and hearings listed in the Descriptions and Conditions above during the 2022-2023 Fiscal Year. n M CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 13, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Management and Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Second Extension and Amendment to Annual Bid 2021003 for Telecommunication Systems Equipment, Material, Supplies, Maintenance and Installation BACKGROUND: On November 17, 2020, the Board of County Commissioners awarded Bid 2021003 for Telecommunication Systems Equipment, Material, Supplies, Maintenance and Installation to the two responsive and responsible vendors who submitted a bid (Gerelcom and PCS). The awards were for one year, with two one-year renewals available. On September 14, 2021, the Board approved the First Extensions and Amendments, which added E -verify requirements to the agreement, but did not include a change to pricing. Information Technology (IT) has been satisfied with the services provided by each of the two firms and requested execution of the second extension and amendment of each agreement. Both firms indicated pricing increases were necessary as part of the extension. Gerelcom requested an increase to the pricing for six items. PCS requested significant changes to all items, which the department does not feel is justifiable. Additional negotiations between the department and PCS did not lead to a reasonable increase to pricing, therefore, the department is electing not to renew the PCS agreement. The second extension and amendment to the Gerelcom agreement includes changes to match language in the current version of 2 C.F.R. FUNDING The funding for work performed under this extension is included in the Telecommunications Division FY22/23 Budget under GL 50524113-033190. Item Description Unit Original Updated Increase Price Price % 630 -6 -12 -db Directional Bore, 2" HDPE F&I LF $15 $19 26.7% 630 -6 -14 -db Directional Bore, 2" HDPE, Special LF $19 $23 21.1% Conditions F& 635-8-232 Handhold, Composite 24"06"x24" EA $800 $900 12.5% W/Lid F& 635-8-232TR Handhold, Composite 24"06"x24" EA $850 $950 11.8% W/Lid Traffic Rated F& 5 Item Description Unit Original Updated Increase Price Price % 635-8-121 Pullboxes, Composite 17"x30"x12" EA $650 S750 15.4% W/ Lid F& 635-8-121TR Pullboxes, Composite 17"x30"xl2" EA $700 S800 14.3% W/ Lid Traffic Rated F& RECOMMENDATION Staff recommends the Board of County Commissioners approve the Second Extension and Amendment to the Gerelcom Agreement and authorize the Chairman to execute it after the County attorney has approved it as to form and legal sufficiency. ATTACHMENT Second Extension and Amendment— Gerelcom, Inc. 0 SECOND EXTENSION AND AMENDMENT TO AGREEMENT FOR ANNUAL TELECOMMUNICATION AND FIBER SERVICES This Second Extension and Amendment to that certain Agreement to provide telecommunication and fiber services is entered into effective as of September 20, 2022 by and between Indian River County, a political subdivision of the State of Florida ("County") and Gerelcom, Inc ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for telecommunication and fiber services effective November 17, 2020; and WHEREAS, Article 3 of the Agreement contains the term and renewal provisions; and WHEREAS, the first extension commenced effective as of October 1, 2021 and will end on September 30, 2022; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one-year period; and WHEREAS, the parties desire to amend Article 10 — Federal Clauses to include updated requirements in accordance with 2 C.F.R. WHEREAS, the parties have agreed to updated pricing, see items in red on Exhibit 1 — Second Amendment; NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this Second Extension and Amendment. 2. The second renewal term shall commence effective October 1, 2022 and shall end on September 30, 2023; there are no additional renewals remaining. 3. Article 10 - Federal Clauses is modified as follows: A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, 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, 7 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. (2) 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. R. Prohibition on Contracting for Covered Telecommunications Equipment or Services: (1) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services, interconnection arrangements; roaming, substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (2) Prohibitions. (2.1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug. 13, 2020, from obligating or expending_ grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2.2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergencygement Agency to: (2.3) Procure or obtain M equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (2.4) Enter into, extend, or renew a contract to procure or obtain M equipment system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of gLny system; (2.5) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (2.6) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, anyequipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technolog,�as part of any system. (3) Exceptions. (3.1) This clause does not prohibit contractors from providing— (3.2) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (3.3) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (4) By necessary implication and regulation, the prohibitions also do not apply to: (4.1) Covered telecommunications equipment or services that: RI i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (4.2) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (5) Reporting requirement. (5.1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of anysystem, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by M other source, the contractor shall report the information in paragraph 9.18.3(ii) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (6) The Contractor shall report the following information pursuant to paragraph 9.18.3(1) ofthis clause: (6.1) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name, supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number)• item description; and any readily available information about mitigation actions undertaken or recommended. (6.2) Within 10 business days of submitting the information in paragraph 9.18.3ii)(A) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (7) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (7), in all subcontracts and other contractual instruments. S. Domestic Preference for Procurements As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products or materials produced in the United States. This includes but is not limited to iron aluminum steel cement and other manufactured products. For purposes of this clause: Produced in the United States means for iron and steel products, that all manufacturing_ processes, from the initial melting stage through_the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete;lg ass including optical fiber; and lumber. 4. Exhibit 1 to the agreement is replaced with Exhibit 1 — Second Amendment 5. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Second Extension and Amendment to be executed effective the day and year first set forth above. Gerelcom, Inc. By: Printed name: _ Title: (Corporate Seal) Date: INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller By: Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 10 Exhibit 1 - Second Amendment (effective October 1, 2022) 2021003 Annual Bid for Telecommunications and Fiber Service Bid Form Annual Bid for Telecommunication Systems Equipment, Material, Supplies, Maintenance, and Installation HM Bid Opening Date and Time: Bid Opening Location: Bidder Name: Gerelcom, nc. The following addenda are here )y acknowledged: Addendum Num ser 1 2021003 October 22, 2020 Purchasing Division 1800 27' Street Vero Beach, FL 32960 Date October 9, 2020 2:00 P.M. The following forms are attache d to this bid form: ® W-9 ID Drug Free Workplace Ce ri:ification ® Affidavit of Compliance ID Sworn Statement under 105.08 County Code on Disclosure of Relationships ® Certification Regarding Prohibition against Contracting with Scrutinized Companies ® Certification Regarding I obbying ® Indian River County FibF r Infrastructure Non -Disclosure Acknowledgement (] Bidder.Questionnaire In accordance with all terns, cc nditions, specifications, and requirements, the bidder offers the following (Bidders are not required to bid on all groups, but are required to bid on all items within each group they choose to bid on): Item Code:; f, Group 1 _ Technical Labor Per U.nrt Prtce 851-3 Comm Cabl Electronics Technician (Onsite) HR $ 75.00 851-4 Communed tion Cable Installer (Onsite) HR $ 65.00 -----..---- ----- - ---------- - --.._._ - ...... _..----_-- ------ ------ -- - ------ ---- ---- - -- _ --- — 851-5 Commun,ca tion Duct Installer (Onsite) HR $ so.00 Page 20 of 58 11 *Red text indicates pricing changed by the second amendment, effective October 1, 2022. 12 Group 2 Per Unit Price OSP Construction Conduit, Pull and Junction Boxes 630-5-12-24 -------------------------------------------- Conduit, 2" 10' PVC @ 24", Machine Trench (F&I) LF $ 5.60 630-5-12-36 -------------------------------------------- Conduit, 2" PVC @ 36" Machine Trench (F&I) LF $ 6.80 630-5-13-24 -------------------------------------------- Conduit, 2" PVC @ 24", Hand Trench (F&I) LF $ 7.10 630-5-13-36 -------------------------------------------- Conduit, 2" PVC @ 36", Hand Trench (F&I) LF $ 9.25 630-5-12-ep -------------------------------------------- Conduit, 2" PVC Additional Pipe In Trench (F&I) LF $ 2.50 630-6-1.25 -------------------------------------------- Innerduct, 11/4" Corrugated, Colored (F&I) LF $ 1.80 630-6-41.25 -------------------------------------------- Conduit Plowing 4W1.25" HDPE, Colored (F&I) LF $ 10.30 630-6-23 -------------------------------------------- MaxCell Placement in existing 2" Conduit - 2" - 3 Cell (F&I) LF $ 3.10 630-6-33 -------------------------------------------- MaxCell Placement in existing 3" Conduit - 3" - 3 Cell (F&I) LF $ 4.10 630-6-43 -------------------------------------------- MaxCell Placement in existing 4" Conduit - 4" - 3 Cell (F&I) LF $ 4.80 630-6-00-18 -------------------------------------------- Cable Direct Bury, Hand Dig @ 18" (1 Only) LF $ 5.15 630-6-00-30 -------------------------------------------- Cable Direct Bury, Plow @ 30" (1 Only) LF $ 7.40 630-6-12-db -------------------------------------------- Directional Bore, 2" HDPE (F&I) LF $* 19.00 630-6-14-db -------------------------------------------- Directional Bore, 2" HDPE, Special Conditions (F&I) LF $* 23.00 630-6-18-db -------------------------------------------- Directional Bore, 8" Under Waterway <1,000 If (F&I) LF $ 55.00 630-6-12-grs -------------------------------------------- Conduit, 2" GRS, (F&I) LF $ 9.70 630-6-14-grs -------------------------------------------- Conduit, 4" GRS, (F&I) LF $ 17.80 630-6-12-grs -------------------------------------------- Conduit, 2" Fiberglass Bridge Mount (F&I) LF $ 42.25 630-6-14-grs -------------------------------------------- Conduit, 4" Fiberglass Bridge Mount (F&I) LF $ 48.50 630 -7 -TW -------------------------------------------- Detectable Tracer Wire (F&I) LF $ 0.40 630 -7 -MT -------------------------------------------- Detectable Marking Tape (F&I) LF $ 0.25 630 -7 -JL -------------------------------------------- Jet Line (F&I) LF $ 0.20 630 -7 -ROW -------------------------------------------- ROW Delineator Marker Post Orange 6' (F&I) EA $ 64.50 Pull Boxes and Junction Boxes Per Unit Price 635-8-444 Manhole, Concrete 4'x4'x4' Steel Lid (F&I) EA $ 3,200.00 635-8-232 Handhole, Composite 24"x36"x24" W/ Lid (F&I) EA $* 900.00 635-8-232TR Handhole, Composite 24"x36"x24" W/ Lid Traffic Rated (F&I) EA $* 950.00 635-8-121 Pullboxes, Composite 17"x30"x12" W/ Lid (F&I) EA $7750.00 635-8-121TR Pullboxes, Composite 17"x30"x12" W/ Lid Traffic Rated (F&I) EA $* 800.00 12 2021003 Annual Bid for Telecommunications and Fiber Service Bidder Name: GerelcOm, Inc. _ Group 3 Fiber Optic Cable Per Unit Price 633-4-111-12 633-4-111_24_ FO Cable 12F, SM, LT, Aerial (F&I) FO Cable 24F, SM, LT, Aerial (F&I) _ LF LF $ $ .92 1.10 - 633.4-111_48- _633-4-111-96 _ _ FO Cable 48F, SM, LT, Aerial (F&I) _FO Cable 96F, SM, LT, Aerial (F&I) _ _ LF LF $ $ _ 2.35 - 7.45 633-4-111-144 _- _ FO Cable 144F, SM, LT, Aerial (F&I) LF $-12.25 - 633-4-112_-12 FO Cable 12F, SM, ADSS, Aerial (F&I) LF $ .90-� - _- 633-4-112-24 _ -_ FO Cable 24F, SM, ADSS, Aerial (F&I) LF $ 1.10 _633-4-112-48 _ FO Cable 48F, SM, ADSS, Aerial (M)LF -FO $ - 2.98 633-4-112-96 Cable 96F, SM, ADSS, Aerial (M)— LF $ _ 7.10 - 633_4-112-144 FO Cable 144E SM, ADSS, Aerial (F&I) LF $ 10.25 633-4-113-12 ..._...___. FO Cable 12F, SM, LT, UG (F&I) LF $ 75 633-4-113-24FO Cable 24F, SM, LT, UG (F&I)_ LF $ 1.35 633-4-113-48 -� FO Cable 48F, SM, LT, UG (F&I) LF $ 2.20 _ 633-4-113u9b FO Cable 96F, SM, LT, UG (F&I) LF $ 3.95 _ - 633-4-113-144-- - FO Cable 144F, SM, LT, UG (F&I) LF $ 8.20 633-4-117-12 633-4-123-12 FO Cable 12F, SM, Drop Cable (F&I) - FO Cable 12F, MM, LT, UG (M) -FO LF LF $ $ .75 - .85 633-4-123-24 Cable 24F, MM, LT, UG (F&I) - LF $ 3.20 _633-4-123-48 633-4-123-96 FO Cable 48F, MM, LT, UG (F&I) FO Cable 96F, MM, LT, UG (M) LF LF $- $ 6.20 18.09 633-4-123-144 FO Cable 144F, MM, LT, UG (F&I) LF $ 25.11 _ 633-4-115-12 _- Fiber Optic Cable - ISP FO Cable 12F, SM, Riser (F&I) _ Per LF _ Unit Price $ 1.25 633-4-115-24 _ - - FO Catle 24_F, SM, Riser (F&I) LF $ 1.85 _ 633-4-115-48 FO Cable 48F, SM, Riser (F&I) LF $ 4.40 _ 633-4_115-96 _ FO Cable 96F, SM, Riser (F&I) LF $ _ 12.35 633-4-115-144 FO Cable 144F, SM, Riser (F&I) _ LF " $ --- 18.60 6_33-4-116-12 -- _ FO Cable 1.2F, SM, Plenum (F&I) LF $ 1.85 633-4-116-24- - FO Cable 24F, SM, Plenum (F&I) LF $ _ 3.65 633-4-116-48 -�- FO Cable 48F, SM, Plenum (F&I) LF $ - 11.20 - 633-4-116-96 FO Cable 96F, SM, Plenum (F&I) LF $ 22.20 633-4-116-144 FO Cable 144F, SM, Plenum (F&I) LF $ 25.25 _633-4125-12 _ FO Cable 12F, MM, Riser (F&I) LF $ 2.90 633-4-125-24 - FO Cable 24F, MM, Riser (F&I) LF $ 5.70 633-4-125-48 _ - FO Cable 48F, MM, Riser (F&I) --- LF $ _ _ 633-4-1_25-96 - FO Cable 96F, MM, Riser (F&I) LF - $ -10.95 26.20 _ _633-4-1_25_-_144_ - --- FO Cable 144F, MM, Riser (F&I) - LF $ _ 32.00 _ 633-4-126-12 _T 633-4-126-24 _ FO Cable 12F, MM, Plenum (F&I) _ FO Cable 24F, MM, Plenum (F&I) LF LF $ $ 3.25 6.25 _ 633-4-126-48 _- 633-4_-_126-96_ - -633-4-126-144 _ FO Cable 48F., MM, Plenum (F&I) — FO Cable 96F, MM, Plenum (F&I} -FO LF LF- $ `$ 11.60_ 2g 4.5 -� -- Cable 1�1AF, MM, Plenum (F&I) LF $ 37.95 Page 22 of 58 13 2021003 Annual Bid for Telecommunications and Fiber Service Bidder Name: Gerelcorn, Inc. Page 23 of 58 IM, p.3,c6ntrrfued ;_ 1 - 633-7-15_1-6PT Fiber Optic Cable - Preterm Drops _ FO Cable 6F, SM, Preterm ST, 150' W/Housing (M) Per EA_ Unit Price $ 535.00 633_-7-151-12PT FO Cable 12F, SM, Preterm ST, 150' W/Housing (M) EA $ 904.00 633-7-152-6PT FO Cable 6F, SM, Preterm ST, 150' W/Coupler (M)EA $ 535.00 633-7-152-12PT FO Cable 12F, SM, Preterm ST, 150' W/Coupler (M) _ EA $ _ 904.00 _ 633-8-12A 633-8-128 Fiber Optic Splicing Terminations - ISP FO Splice -Term. Cabinet, 12F, Wall/Rack (M) Per Addendum#1 FO Splice -Term. Cabinet, 12F, Wall/Rack (F only) Per EA EA Unit Price $ 908.25 _ $ 178.75 - 633-8-24A _- FO Splice -Term. Cabinet, 24F Wall/Rack (W) Per Addendum#1 EA $ 1637.75 633-8-24B �- FO Splice -Term. Cabinet, 24F Wall/Rack (F only) EA $ 178.75 633-8-48A FO Splice -Term. Cabinet, 48F Wall/Rack (M) Per Addendum#1 EA $ 3068.05 _633-8-48B_ _ FO Splice -Tenn. Cabinet, 48F WaIVRack (F only) EA $ 225.05 633-8-96A FOTerm. Housing, 96FWall/Rack (M) PerAddendum#1 EA $ 5952.80 633-8-96B FO Term. Housing, 96F Wall/Rack (F only) EA $ 340.80 633_8-128A Fb Splice Housing 48-144F (W) EA $ 483.25 _633-8-1288 FO Splice Housing 48-144F (F only) EA $ 383.25 633-8-196A FO Ter. Housing, 96F_Wall/Rack (M) EA $ 235.75 _633-8-196B FO Ter. Housing, 96F Wall/Rack (F only) EA $ 160.75 633 -8 -BF -06A FO Cable Prep, Fanout Kit, Buffer 61F (M) EA $ 37.05 - 633 -8 -BF -06B TO Cable Prep, Fanout Kit, Buffer 6F (F only) EA $ 17.05 633 -8 -BF -12A - FO Cable Peep, Fanout Kit, Buffer 12F (M) EA $ 43.80 633 -8 -BF -12B FO Cable Prep, Fanout Kit, Buffer 12F (F only) EA $ 18.80 633 -8 -SF -12A FO Cable Prep, Fanout Kit, Spider 12F SM/MM (M) EA $ 65.15 633 -8 -SF -12B W 63_3 -8 -912 -STA FO Cable Prep, Fanout Kit, Spider 12F SM/MM (F only) FO Connector, ST, MM, Unicam (M) EA EA $ $ _ 41.15 40.45 633 -8 -912 -STB FO Connector, ST, MM, Unicam (F only) EA $ 15.45 633 -8 -913 -STA FO Connector, ST, SM, Unicam (M) EA $ 42.70 - 633 -8 -913 -STB , FO Connector, ST, SM, Unicam (F only) EA $ _ 17.70 633 -8 -913 -SCA FO Connector, SC, SM, Unicam (M) EA $ 43.00 633-8-913-5CB _ FO Connector, SC, SM, Unicam (F only) EA $ 18.00 633-8-9-A __- 633-8-9-8 _ FO Jumper, Duplex ST -ST, SM, 10' (F Only) FO Jumper, Duplex ST -SC, SM, 10'(F Only) EA EA $ $ 15.45 16.20 _- 633-8-9-D� _F0 Jumper, Duplex ST -LC, SM, 10' (F Only) EA $ 17.65 633-8-9-E FO Jumper, Duplex ST -FC, SM, 10' (F Only) EA $ 19.65 633-8-9-F� _- - F0 Jumper, Duplex SC-SC;'SM, 10'-(F Only) EA $ 14.60 - 633-8-9-6 _ FO Jumper, Duplex SC -LC, SM, 10'(F Only) EA $ 16.20 633-8-9-H _ _ FO Jumper, Duplex ST -ST, MM, 10'(F Only) EA $ - �- 20.25 633-8-9-1 FO Jun: per, DupiexSC-S C, MM, 10' (F Only) EA $ 17.25 Page 23 of 58 IM, 2021003 Annual Bid for Telecommunications and Fiber Service Bidder Name: Gerelcorn, Inc. Page 24 of 58 15 G ontinued 633-8-12A Fiber Optic Splicing Terminations - OSP —. ---------- FO Splice Closure 12F, Aerial/UG (F&I) Per Addendum#1 Per EA Unit Price _.--- ----— ------- $ 1270.55 63_3.8-12B FO Splice Closure 12F, Aerial/UG (F only) EA $ 211.90 _633-8-24A FO Splice Closure 24F, Aerial/UG (F&I) Per Addendum#1 EA $ 1593.55 633-8-24B FO Splice Closure 24F, Aerial/UG (F only) EA $ 211.90 633-8-48A _ FO Splice Closure 48F, Aerial/UG (F&I) Per Addendum#1 EA $ _ 2270.55-- _ 633-8-488 — _ FO Splice Closure 48F, Aerial/UG (F only) EA $ 211.90 633-8-96A _ 633-8-96B FOSp lice Closure 96F, Aerial/UG Per Addendum#1 (F&1 ) _ FO Splice Closure 96F, Aerial/UG (F only) EA EA $ $ 3654.40 241.75 633 -8 -RE FO Closure Reentry Kit, Cable Prep (F&I) EA $ 69.65 _ 633 -8 -ST -12A ^_ 633 -8 -ST -12B_ --Splice _ —633 -8 -ST -24A Splice _Tray, Fusion Heatshrink, 12F, 12" (F&I) Tray, Fusion Heatshrink, 12F, 12" (F only) Splice Tray, Fusion Heatshrink, 24F, 12" (F&I) EA EA EA $ $ $ 79.05 66.55 121.60 633_8 -ST -24B — Splice Tray, Fusion Heatshrink, 24F, 12" (F EA $ 101.60 633-8-A _only) Fusion, Splice Heat Shrink <.1db OSP includes pigtail as needed (M)$ EA aa.00 633-8-BO — TDR Test Any Wavelength Bare Fiber FOSC (I only) EA $ 15.00 633-10-1A OSP Construction -Aerial Messenger Cable 1/4" (F&I) Per LF Unit Price $ 2.60 633-10-20 Remove Messenger Cable 1/4" (1 Only) LF $ 1.50 _633-10-B Pole Attach Loose Tube_W/J-Hook Concrete (F&I) EA $ _ 125.00 633-10-C Pole Attach Loose Tube W/J-Hook Wood (F&I) EA $ 100.00 633-10-D —_ 633-10-E _ _ Place Pole Riser 2" GRS (F&I) Place Riser U -Guard To 20' (F&I) LF LF $ $ 9.70 _ 80.00 _ 633-10-F 633-10-G Place 2" Riser Sealing Bushing 1-3 Hole (F&I) _ Place 2" Riser Heatshrink (F&I) EA EA $ $ 57.50 _ 115.00 633-10-145 633-10-170 Wood Pole 4S' Utility - For CCN (F&1) Prestressed Conc Pole 70' Utility For CCN (F&I) EA EA $ 2200.00 $ 242so.00 Page 24 of 58 15 2021003 Annual Bid for Telecommunications and Fiber Service Bidder Name: Geralcc,m, Inc. Item Code IYH;nSVJor 852-3 FiberOotic Data E c Will your company extend those prices to other governmental agencies within the State of Floridz..? Yes X No ❑ Page 25 of 58 16 Group 4 EVlu,lti-Pair Cables Per unit Price 633-15-101A Cat 6 Plenum Enhanced(avg 150 F&I LF 633-15-101B Cat 6 Plenum Enhanced (avg 150) (F only) LF $ 3s _633-15-102_A Cat.6 PVC Enhanced (avg 150) (F&I) LF $ so 633-15-102B Cat 6 PVC Enhanced (avg 150) (F only) -- _ LF $ .25 633-15-100 Cat SE 25 Pair PVC Plenum (F&I) LF $ 536 633-15-101 Cat SE 25 P air PVC Riser F&I 3.01 - 633-15-102 Cat 5E 25 Pair PE 89 OSP (F&I) LF $2..20 6_33-15-110 _ Face Plate_-. Gang Surface or Flush (F&I) -Face EA $ 200 633-15-111 _ Plate.! Gang Surface or Flush (F&I) -� _ EA $ 2.00 633-15-120 Cat 6 Jacks R145 568A/B 1 Port Data (F&I) — EA $ 10.60 - - 6_33-15-1_21 Cat 6 Jacks 1`045 568A/B 2 Port_ Data/Voice (F&I)_ EA $ 19.20 _ 63_3-15-130 -- Cat 6 Patch Panel Wall Mount 24 Port (F&I) EA $ 140.95 �- _ 633-15-131 Cat 6 Patch Panel Rack Mount 48 Port (F&I) EA $ 2so.00 - _633-15-132 Cat 6 Patch Panel Rack Mount 96 Port (F&I) EA $ sz_�-_- _ s.00 633-15-140 - -- - - Wire Man a -a._.ement Panel 19x1.75 - - . "" (F&I) -- EA - $ s.00 - - 633-15-141 - Wire Management Panel 19"x5_25" (F&I) EA $ zs•oo 633-15-100-1 _ Cat 6 Patch Cords RJ45 1-6' Standard (F&I) EA $ 5.50 633-15-110-1 Cat 5E P_u_n :h Block 110 25 Pair (F&I) -�_ _ EA $ 40.20 -- _ 633-15-111-1 Cat SE Punch Block 66_25 Pair (F&I) _—_ EA $ 22.15 63_3-15-100-2 Cat 6 CU_ Diop Certification Test (F&1) EA $ s.00 633-15-hdw-br _633-15-hdw-sp Cable'_uppxt Brackets, Bridle Rings (F&I) - UNIT $ 3.90 Cable Race+u ay, Surface Mount Per Drop (F&I) $ _ 50.90 633-15-12 _ Conduit, EA -4'r 2" W/ All Fittings (F&I) _ _DROP — LF $ 4.50 - 633-15-13 Conduit, EMT Fire Sleeve 2" (M) EA $ 77.70 -- 633-15-14 Conduit, EA4T Fire Sleeve 4" (F&I) EA $ 120.00 — 633 -15 -ST -12 Cable Tray -1;:" Ladder Alum Black (F&I) LF $ 1650 633-15-ST-hdw Cable Tray, 12", Misc. Hardware (M) LF $ s.00 _ 633 -15 -ST -12-1 EIA Rack Ittall Mt Hinged 1.9"x36" (F&I) (Bldg Entry) EA $ 280.00 633 -15 -ST -12-2 EIA Rack Standing 19"x84" (F&I) —EA $ 150.00 633 -15 -ST -12-3 Cable Man;igement Kit Horizontal (F&I) EA $ _ so.00 633 -15 -ST -12-4 Cable Management Kit Vertical (F&I) — EA $ 200.00 633 -15 -ST -12-5 EIA Cabinals 19"x84"x3,0" Complete (F&I) EA $ 1800.00 Item Code IYH;nSVJor 852-3 FiberOotic Data E c Will your company extend those prices to other governmental agencies within the State of Floridz..? Yes X No ❑ Page 25 of 58 16 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 13, 2022 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Designation of Excess Equipment as Surplus and Authorization for Disposal BACKGROUND: The equipment on the attached list has been determined excess to the needs of Indian River County and requires disposal in accordance with Florida Statutes and Finance Policies. As previously authorized by the Board, the items will be sold by online auction and funds received from the sale of these items will be returned to the appropriate accounts. The current water meter manufacturer, Master Meter, has asked if the Department of Utility Services ("Utilities") would return the register portion of removed meters to them. The registers are not useable by the department, have no resale value, and have previously been discarded. Returning the registers to Master Meter will reduce waste, and decrease staff time associated with water meter replacement, as the lithium ion batteries in the registers must be removed before the register is discarded. Utilities currently has approximately 1,200 registers to be discarded that they would prefer to return to the manufacturer. They estimate an annual replacement of 2,500 registers. FUNDING: There is no cost to the County associated with these requests. RECOMMENDATION: Staff recommends the Board declare the items on the Excess List for 092022 Agenda as surplus, and authorize their disposal, and authorize Utilities to return Master Meter registers to the manufacturer as they are removed from service. ATTACHMENT: Excess List for 092022 17 C T OA c T> Z> Z Z Z Z Z Z Z Z Z Z Z Z Z Z z s `0 N N N N N N m O U �D LD U U U ,n N o o H F- 00 W O 00 lD O w^ m Y p w I'- M Q m CD O N Td U Ln N 2> Q O Q 00 Ql W� Ln Ln lD U p U w v Q oo `t z x oN M t ro O m o'D N v �v ^ N l7 p ^ OJ 2 O W N O Ql LD M M M M n Ln Z a> O N r� M Cil n M Ln 00 N r\ } U O w m O �. O m Ln M O M m to M M U > N CQ h m LD m" w m^ m Ln .-i Ln �--1 0 z u m � N m O1 00 -I m m o L~L Ln Cj) n 0 M N N M N Q1 O p p Q1 a a a a a a a a a a LZ > .-L f ° CL E a Q n n a a n Q a Q 0 0 Ln ,-I o pp v =3 v m J M J M J M J M J M J M M J M J M J Z Z Ln m '^ n- 3 0 0 0 0 0 0 0 0 0 0 u o o r, r, r, r, r, M M r, r, r, o N 0 0 00 M Ln Ln Ln M M M M M M Ln o 0 X Ln O m vt� w m w m w m w Ln w Ln w Ln w m w m w Ln w n r` c v o a o 0 0 o a o x v X v o -o -o u>>> a o n a U - V w w a T of v J J J J J J J J J J a O s O > '4- N 00 > v O M M O Ql N N 4J Q1 Q1 v N N Q1 v v Ln N ti -1 V' S p p p p p p 0 0 0 0 Q p N O N M N N O Ln Q O m Cilo O m m e m ct m I, N r, t r\ O oo lD O v n Ql N oo o Ol Dl oo oo Dl LD Ln m Ql oo r, Ln H Ql lD r- n,I m N W m W w 00 m 00 m 00 00. 00 W m W w 00 m w W 00 M w Ln h N N N r.4 N N N N N N N N N N N N N N O Ln 00 .-i Yt 0 010 0 0 0 0 0 0 0 0 0 0 0 0 a N CY N O N N N N N N N N N N N N N N N G/ N INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: John Stoll; Chief Long Range Planning DATE: September 13, 2022 SUBJECT: Consideration of the Livable Indian River County Action Plan BACKGROUND: On June 18, 2019, the Indian River County Board of County Commissioners (BCC) directed staff to work with the Senior Collaborative of Indian River County (SCIRC) in order to attain the designation of an American Association of Retired Persons (AARP) Livable Communities / Age Friendly Community. The Livable Communities Network was created to engage and mobilize communities to work within their geographical areas and to find support in their state in order to make communities more age friendly. Age -friendly communities foster economic growth and make for happier, healthier residents of all ages. Once AARP Florida accepted Indian River County into the network, a group of advocates and SCIRC representatives came together as a Core team. The Core Team included members of twenty organizations representing older advocates, nonprofits, businesses, and governmental organizations. The group developed a mission to guide the Livable IRC's work: To expand livabilityfor all ages in IRC by promoting and advocating for a community that is safe and secure, has affordable housing and transportation options, and offers supportive community features and services that enhance the quality of life of residents. Livable Indian River County was launched February 19, 2020. Covid-19 presented a unique challenge for receiving public input. Team members disseminated the survey through a variety of methods including providing the survey at vaccine sites. The final survey count was 1913, with 1866 suitable responses for analysis. In Spring of 2021, SCIRC members joined workgroup meetings facilitated by the Florida Department of Health Indian River (FDOH-IR) to develop FDOH-IR's new 2022-2026 Community Health Improvement Plan (CHIP). The 2022-2026 CHIP priority areas and associated action plans were adopted for the Livable Indian River plan, with a few minor additions and modifications. 19 The Action Plan highlights four domains: Community Health To identify current community and health service gaps and ways to fill the gaps to expand livability for IRC residents who become ill, get hurt, or need assistance so they can access and afford health services, community supports and wellness activities. This domain also includes components from two additional World Health Organization domains: Outdoor Spaces and Buildings and Social Participation. Housing To increase number and availability of affordable housing units and increase resources, education, access, and integration of services for home ownership attainment. Economic Opportunity and Employment Includes the World Health Organization Age -Friendly domain Civic Participation and Employment. To reduce unemployment, increase GED achievement, and establish community resource centers. Communication and Information Increase awareness of the positive contributions of older adults and services and activities available to them through education, awareness campaigns and strengthen collaboration. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the Livable Indian River County Action Plan. Attachment 1. Livable Indian River County Action Plan Nil Livable Indian River County Action Plan Item Page Letter from County Commissioner 2 Executive Summary 3 Indian River County Community Profile 5 History of Livable Indian River 5 The Livable Indian River Team 7 Introduction to the Livable Indian River Action Plan 8 Domain Specific Action Plans Community Health 9 Housing 16 Economic Opportunity 20 Communication and Information 23 Appendices: A -D Domain specific Strategy Chart/Action Plan E Livable Indian River Survey Report F Livable Indian River Survey Livable Indian River Action Plan 1 21 Jeff Johnson AARP Florida State Director St. Petersburg, FL Dear Mr. Johnson: On behalf of Indian River County, we are pleased to present the Livable Indian River Action Plan as our commitment to the age -friendly network. We received input from a wide range of older residents throughout our county at two different times and sources. The plan was developed through a collaboration of community partners and older adults. In addition to being collaborative, the plan demonstrates an intergenerational foundation developed in conjunction with our local health department, the Florida Department of Health in Indian River County, also a member of the Age -Friendly Public Health Systems. Many of the dominant needs of local elders can also be found in younger residents, and thus our emphasis on health, housing, economics, and communication. The involvement of diverse groups — businesses, nonprofits, government staff and individuals - will continue with this plan as we move toward making our wonderful county even more livable and age -friendly. Sincerely, Livable Indian River Action Plan 2 22 Executive Summary New census data estimates the population of Indian River County in 2022 to be 168,131 with 57% over age 50 and 34% over sixty-five. The average median age of residents is fifty-four. While most residents (74.4%) are White, Black residents make up 9.5%. The fastest growing minority is Hispanics (13.3%). Indian River County has a high percentage of veterans (9%). Older adults have long been a valued resource to Indian River County for their material and volunteer contributions. With the increase in older residents and the aging of the county, leaders have become even more aware of the need to ensure the community grows in livability for elders, as well as residents of other ages. They envision Indian River County as a community that offers healthy and engaging opportunities for residents to live a healthy, full life. Early in 2018, advocates and community leaders of Indian River County began review of the World Health Organization's framework for becoming more age -friendly. Interest increased when they realized that collaboration was the primary model for work in the Age -Friendly Network. The Senior Collaborative of Indian River County (SCIRC) was created for two purposes: to bring together local organizations and individuals concerned about elders and develop a resource for helping seniors understand the services and activities available to them in the County. Now, the Senior Collaborative has 550 members, including seniors, nonprofit agencies, businesses, government representatives, facilities, and physicians. SCIRC has an online, interactive database of more than 550 services and providers (nonprofit and for profit) in the County, as well as telephone assistance and referral. SCIRC advocates for the needs, services, and protection of elders in Indian River County and collaborates with members to identify and fill gaps in services. In June 2019, the Indian River County Commission voted to apply for membership in the Age -Friendly Network and designated the Senior Collaborative as lead agency for Livable Indian River. When AARP Florida accepted Indian River County into the network, a group of advocates and SCIRC representatives came together as a Core team. The Core Team included members of twenty organizations representing older advocates, nonprofits, businesses, and governmental organizations. The group developed a mission to guide the Livable IRC's work: To expand livability for all ages in IRC by promoting and advocating for a community that is safe and secure, has affordable housing and transportation options, and offers supportive community features and services that enhance the quality of life of residents. The launch of Livable IRC was on 2/19/20. In March Covid lockdowns made community input a challenge. Members disseminated the survey through a variety of methods, however, when Treasure Coast Community Health Director offered to disseminate the Livable Indian River Action Plan 3 23 survey at vaccine sites, we were able to reach residents. The final survey count was 1913, with 1866 suitable for analysis. In Spring of 2021, SCIRC members joined workgroup meetings facilitated by the Florida Department of Health Indian River (FDOH-IR) to develop FDOH-IR's new 2022-2026 Community Health Improvement Plan (CHIP). The 2022-2026 CHIP priority areas and associated action plans were adopted for the Livable Indian River plan, with a few minor additions and modifications. Livable Indian River used a survey adapted from AARP. Due to Covid, few listening sessions occurred. The Community Needs Assessment of 2019 involved twelve focus groups, and 1400 surveys. From the survey of SCIRC, and Comprehensive Community Survey of 2019, critical themes emerged. All but one Livable Indian River domain (communication and information) was taken directly from FDOH-IR's CHIP. The themes which surfaced: community health, affordable housing, income, and communication/information. The Action Plan highlights four domains, one of which incorporates components of two additional World Health Organization domains. Community Health To identify current community and health service gaps and ways to fill the gaps to expand livability for IRC residents who become ill, get hurt, or need assistance so they can access and afford health services, community supports and wellness activities. This domain also includes components from two additional World Health Organization domains: Outdoor Spaces and Buildings and Social Participation. Housing To increase number and availability of affordable housing units and increase resources, education, access, and integration of services for home ownership attainment. Economic Opportunity and Employment includes the World Health Organization Age - Friendly domain Civic Participation and Employment. To reduce unemployment, increase GED achievement, and establish community resource centers. Communication and Information Increase awareness of the positive contributions of older adults and services and activities available to them through education, awareness campaigns and strengthened collaboration. Livable Indian River Action Plan 4 24 Indian River County Profile Indian River County is over 500 square miles with an Atlantic coastline and lagoon that draw more people each year, many of whom are older adults. The community has been described as a wonderful place to live because there are so many activities for people of all ages. The area has a balance of supporting growth yet works to maintain the assets while evolving at a pace that keeps it livable. Indian River County still feels like a rural county, yet has resources of a large community, such as world class theatre and art museum. One community leader described it as "my family friendly place." New census data estimates the population of Indian River County in 2022 to be 168,131 with 57% over age 50 and 34% over sixty-five. The average median age of residents is fifty-four. While most residents (74.4%) are White, Black, or African-American residents make up 9.5%. The fastest growing minority is Hispanics (13.3%), and Asian residents compose less than 2%. Indian River County has a high percentage of veterans (9% ) with nearly 48% having served in the Vietnam conflict, 19.3% in Korea, 12% in WWII and 20.5% in the First or Second Gulf War. Indian River County is the 33rd largest County in Florida. Since 2010, the area has seen 22% growth. Vero Beach is the county seat, and the area includes four other cities: Fellsmere, Indian River Shores, Orchid, and Sebastian. Additional areas, while not incorporated, are neighborhoods identified in the Livable Survey: Central Beach, Florida Ridge, Gifford, Oslo, Pointe West, Roseland, South Beach, Summer Place, Vero Beach South, Vista Royale, Wabasso, Wabasso Beach, West Vero Corridor, Windsor and Winter Beach. History of Livable Indian River In June 2019, the Indian River County Commission voted to apply for membership in the Age -Friendly Network and designated the Senior Collaborative of Indian River County (SCIRC) as lead agency for Livable Indian River. Also in 2019, a 12 -month comprehensive community assessment was completed by an independent research consultant, with support of FDOH-IR, six funders, 40 charities, 12 focus groups, and 1400 surveys completed. One chapter of this assessment report, the 2019 Indian River County Community Needs Assessment (CNA), was devoted to seniors. Once Livable Indian River was accepted into the network by AARP, a group of advocates and SCIRC representatives came together as a core team. They organized the launch on February 19, 2020, at the Indian River County Intergenerational Center, chosen for its message, as well as being a county facility. The launch received publicity from three local newspapers (32963, Scripps Treasure Coast News, and Sebastian Daily) with attendance by more than seventy-five community members. One feature of the event was a video with community leaders sharing what Livable Indian River Action Plan 5 25 makes Indian River County a wonderful place to live. The video was developed pro bono by an event sponsor, Adams Media Group. Energized by the launch and community response, the Core team worked to finalize the local survey and scheduled listening sessions. Within three weeks, Covid lockdowns forced the group to reconsider. Zoom sessions announced the focus of Livable Indian River and invited input from business, religious and nonprofit groups, requesting they share the survey with members. An electronic link for the survey was disseminated to Collaborative members, who shared them with internet-abled clients. Printed copies were delivered to meals -on -wheels clients, left in libraries and with organizations, and members shared with neighbors. The survey link was mentioned in local radio presentations. After considerable outreach, SCIRC received 590 survey responses. Lockdowns continued. A Collaborative Board member, the Executive Director of Treasure Coast Community Health, suggested making surveys available at Covid vaccine sites during the 15 -minute waiting period. She, her staff, and their volunteers made this possible. The final total of surveys was 1913. Some, however, came from residents of other counties, giving us 1866 usable surveys. Retired Florida International University (FIU) statistician, Paulette Johnson, conducted the analysis and FIU Professor Emeritus, Dr. Betty Morrow, drafted the report. Both served pro bono and contributed many hours. From the survey SCIRC conducted in 2021, and the CNA, four themes persisted over time: health, affordable housing, economic opportunity, and information. In Spring 2021, SCIRC members joined the FDOH-IR for monthly stakeholder workgroup meetings with the goals to develop the 2022-2026 FDOH-IR Community Health Improvement Plan (CHIP) in response to the findings of the 2019 CNA. The final CHIP priority areas — health, housing, and economic opportunity & employment - and their associated actions plans were then adopted directly as domains in the Livable Indian River Action Plan, with a few additions and modifications. Two of the domains incorporate more than In addition to the domains adopted from the FDOH-IR's CHIP, Livable Indian River added a communication and information domain. Two domains included also incorporate activities typically included in other World Health Organization domains. Livable Indian River Action Plan 6 26 The Livable Indian River Team The Livable Indian River Core Team included members of twenty organizations and represents advocates, nonprofits, businesses, and governmental organizations. Members of the team included: • Adams Media Group • Indian River County Affordable Housing Advisory Committee • Area Agency on Aging Palm Beach/Treasure Coast • Alzheimer's Parkinson Association of Indian River County • Aric Attas Creative • Coastal Concierge Home Care • Community Advocates • Florida Department of Health in Indian River • Gifford Youth Achievement Center • Habitat for Humanity • Indian River County • Indian River County Sheriff's Department • Kashi, Inc. • New Vision Eye Center • Nurses on Board • Senior Collaborative • Senior Resource Association • St. Francis Manor of Vero Beach • St. Mark's Anglican Church of IRC • Treasure Coast Community Health • Visiting Nurse Association of IRC • 211 27 Livable Indian River Action Plan 7 W. Introduction to the Livable Indian River Plan The vision of Livable Indian River is for a county in which people grow and age with dignity, health, and resources to help them thrive. The mission adopted by the Core Team is to expand livability for people of all ages in Indian River County; to create a community that is safe and secure with supportive community features and services which enhance the quality of life of residents. We believe livability is best expanded through collaboration and community engagement, which is also the reason the Senior Collaborative is lead agency. The Senior Collaborative of Indian River County includes individuals as members and representatives of organizations concerned about older adults (nonprofit, business, government). Our community includes hundreds of residents who volunteer, and many donate. The United Way of Indian River County, which serves as an incubator for locally needed nonprofits, financially supports at least fifteen agencies, each of which engages volunteers in some way to serve residents in need. As in many communities, volunteers assist in delivery of meals, aid to caregivers of older and disabled residents, home repair, assistance to veterans and other services for residents of all ages. While the pandemic reduced opportunities for in-person volunteering, local foundations saw record donations, in acknowledgement of the heavy impact of Covid on Indian River County's low-income residents. Livable Indian River Action Plan 8 29 Domain: Community Health The mission for community health To identify current community and health service gaps and ways to fill the gaps to expand livability for IRC residents who become ill, get hurt, or need assistance so they can access and afford health services, community supports and wellness activities. This domain includes components from two additional World Health Organization domains: Outdoor Spaces and Buildings and Social Participation. The upheaval of the last two years; the pandemic, school closures, isolation, separation from family and friends, racial trauma, and economic upheaval have accelerated alarming increases in mental health and healthy weight issues. The prolonged stress experienced by adults and children linked to the pandemic, is seriously affecting mental and physical health, including changes to weight, sleep, and alcohol use. According to the most recent Behavioral Risk Factor Surveillance System (BRFSS) data, adult obesity (body mass index of 30+) rates now exceed 35% in 16 states. Florida's rate of obesity in 2020 was 28.4%, part of a rising trend since 1990. From 2018 to 2020, the rate of students at or above the 95th percentile in body mass index (BMI) in the county increased from 8.3% to 10.5% for middle school students and from 10.6% to 12.9% for high school students. Furthermore, 59.7% of adults reported being either overweight or obese in Indian River County. These alarming rates are of significant concern in the Indian River community, particularly due to the projections that the trend of overweight and obesity will continue to increase because of the COVID-19 pandemic Being overweight and obese has serious health consequences including coronary heart disease, Type 2 diabetes, certain cancers, hypertension, stroke, liver and gallbladder disease, and sleep apnea. There are also economic consequences associated with being overweight and obese. In addition to the costs related to the prevention, diagnosis, and treatment of many of the associated comorbidities and conditions, there are indirect costs from decreased productivity and missed work and school, as well as costs associated with loss of future income due to premature death. There are several factors involved in being overweight and obese, which makes it a difficult issue to address. Health behaviors, such as exercise and diet, genes, the environment, certain medical conditions and medications can all play a part in causing individuals to become overweight and/or obese. Exercise and movement have repeatedly been linked to positive changes in health with better weight control, reductions in pain, lower risks of chronic illness and "boosts" in brain health. Frequent comments from respondents of the Livable IR Survey highlight the need for "affordable exercise," "low-cost wellness programs for seniors." A few comments about health and supportive services showed the respondent's wish for "affordable anything." A higher percentage of concerns about lack of parks, walking paths and recreation areas, came from the western region of the County (Zone 7). Livable Indian River Action Plan 9 30 In 2021 and 2022, County Parks and Recreation staff conducted listening sessions in different areas to secure input from older adults about needed wellness programs. These will continue in 2023, and the programs developed are at no cost due to funding from a Florida Blue Foundation grant. Another organization, the Senior Resource Association began Lifeway, a no -cost program for older adults to use weights and regular stretching/exercise to stay active. In addition to the need for free or low-cost exercise programs, "access to mental health programs" and "mental illness prevention and intervention quality", "affordable services and resources" were mentioned. Mental health is essential to personal well-being, family and interpersonal relationships and the ability to contribute to the community. Mental health disorders are among the most common causes of disabilities in the nation. Poor mental health or the presence of mental illness often result in detrimental physical health and financial outcomes. Failure to access care is a significant issue among those suffering from mental health conditions. Stigma, lack of education and awareness, and missed opportunities for screenings and interventions are among the barriers for receiving appropriate care. In Indian River County from 2017-2019, there has been an increasing trend in inpatient discharges related to episodic mood disorders with a significant amount of inpatient discharges in the 10-14 and 15-19 age groups. Additionally, in 2019, there were twenty-nine deaths by suicide in Indian River County, an age-adjusted rate of 16.5 per 100,000 residents, which was slightly higher than the state's and higher than the Healthy People 2030 target of 12.8 per 100,000. The highest rates are among the 45-64 age group and have been increasing since 2009. Due to the significant and impactful consequences and the challenges and barriers experienced accessing care, the advisory committee of the CHIP deemed mental health a priority. Stigma, lack of education and awareness, and missed opportunities for screenings and interventions are among the barriers to receiving care. Mental health/health issues were also a focus of the Community Health Domain Team of Livable Indian River, which caused them to expand upon the CHIP with two concerns for elders: 1) isolation/loneliness (seen in Objective 1A.4.) and 2) need for supportive services (Goal 1.C.). Loneliness reduces longevity by 8 years and has one of the biggest negative effects on a person's quality of life. "Social isolation among older adults is associated with $6.7 billion in additional Medicare spending annually. (Dr. Charlotte Yeh, 2021 Foundation for Social Connection Action Forum presentation)" Loneliness and isolation were concerns for elders before Covid, but the closures due to the pandemic increased the problem. Covid also brought loneliness and isolation more into the public eye as people of all ages experienced losses of usual social connection. Loneliness was underscored in both the 2019 Community Needs Assessment (CNA) and the Livable Survey. Of the Livable IR Survey respondents, 22% interacted with Livable Indian River Action Plan 10 31 friends, family or neighbors once a week orless and 14% indicated they knew someone with no apparent in-person interactions. The Livable IR survey further identified a need for affordable in-home services, especially in specific zones. The goal added was (1.C) to strengthen and promote supports/resources to improve well-being of older adults. More than half of respondents indicated they were unsure about where to "get help finding health and supportive services for seniors." While the focus for Goal 1. C is "to increase new clients in community-based services" a strategy was added "to increase communication and coordination between service agencies" to expand information about service availability on multiple fronts. Another aspect of isolation is transportation. While 66% of respondents rated affordable public transportation as excellent or good, 33.5% rated it fair or poor, indicating they may not know about the free services available throughout the County GoLine or Community Coach. GoLine vehicles are wheelchair accessible, operate fourteen fixed routes 6 days each week. Riders on the GoLine need to be able to board, disembark and carry their own packages. Another feature adopted by GoLine for better use by riders is solar lights around benches since service begins at 6 a.m. weekdays and ends at 7 p.m. They also seek corporate donations to add more adaptable bus benches. Community Coach offers door-to-door transportation for eligible riders without other transportation, and accommodates those with wheelchairs, walkers, canes, service animals and other mobility devices. Last year, GoLine provided more than 1,148,235 rides and Community Coach had 40,974 trips. Livable Indian River Action Plan 11 32 Community Health Plan ' KEY ACTIVITIES: MENTAL HEALTH FIRST AID, SNAP -ED, FL BLUE FOUNDATION SENIOR WELLNESS, 5210 LETS GO, HEALTH EDUCATION AND AWARENESS 4+ W. COMMUNITY RESOURCES: LOCAL PHYSICIANS, SCHOOL DISTRICT, HOSPITALS, HEALTH CENTERS, NONPROFITS AND PRIVATE BUSINESSES -------------------------------------------------------------------------------------------------------------------------------------------- GOAL 1.A: IMPROVE THE MENTAL HEALTH OF INDIVIDUALS IN INDIAN RIVER --------------------COUNTY. OBJECTIVE 1.A.1: Decrease the number of hospitalizations in Indian River County for mood OBJECTIVE 1.A.2: Decrease the number of suicide deaths in Indian River County by 10% from 29 in 2019 by 2026. Measure: Data from FL DOH Vital Statistics. 10% decrease in deaths by suicide by 2026. + Key Action Steps: • Conduct analysis of suicide death and suicide attempt data in Indian River County to identify underlying factors. • Increase awareness and education about mental health services in Indian River County. Livable Indian River Action Plan 12 33 and depressive disorders by 10% from 1,137 in 2019 by 2026. KeY Actmties s. Cmmniry �, Measure: Data from Florida Agency for Health Care Administration Resource (AHCA). Measure 10% decrease in hospitalizations for mood & Bendmark depressive disorders by 2026. Healthy Key Action Steps: People 2030 • Determine feasibility of a mental health full continuum of care in Indian River State Health ImprovementEx Plan County. and mental health continuum of care in Indian River Count b 2 services P Y Y l by 2026. - P � � � Increase the number of individuals in Indian River County certified in Mental Performance staread Health First Aid to 1,500. OBJECTIVE 1.A.2: Decrease the number of suicide deaths in Indian River County by 10% from 29 in 2019 by 2026. Measure: Data from FL DOH Vital Statistics. 10% decrease in deaths by suicide by 2026. + Key Action Steps: • Conduct analysis of suicide death and suicide attempt data in Indian River County to identify underlying factors. • Increase awareness and education about mental health services in Indian River County. Livable Indian River Action Plan 12 33 OBJECTIVE 1.A.3: Decrease the percentage of Indian River County students who, in the past year, reported feeling sad or hopeless for two or more weeks in a row and stopped doing usual activities by 25% from 30.3% in 2020 by 2026. Measure: Data from Florida Youth Tobacco Survey/ FYTS JW 25% decrease in sadness/ hopeless weeks for students + Key Action Steps: • Implement Adverse Childhood Experiences (ACEs) awareness campaign in Indian River County including training to nonprofit and other organizations. • Increase the number of providers who have received trauma informed care training. • Increase the protective factor prevalence rates for middle and high school students in Indian River County to 60% by 2026. • Increase screening, referral, and engagement of perinatal mental health services for new parents. OBJECTIVE 1.A.4: Promote awareness of health/wellness and community supports to reduce isolation of older adults. Key Activities Community Resource Measure Benchmark Healthy People 2030 State Health gj Improvement Plan Environmental (�.:: i Public Health Starrdnce Measure: Data from research results, workgroup conclusions and assessments, symposium agenda and collaborative activities Increase in number of groups and individuals acknowledging isolation as a health issue and distributing information about resources available + Key Acton Steps: • Research evidence -based models that are successful in reducing isolation by 2024. • Create workgroup with broad county representation to review data, models, and plan community response to social isolation by end of 2024. • Develop a pilot using the community health model in two areas to engage neighbors and reduce isolation of older adults by 2024. • Convene a symposium on lessons learned about isolation of elders and the community response in IRC by 2025. • Increase awareness of free counseling services through the Older Americans Act for seniors, caregivers and grandparents raising grandchildren. • Expand coordination between agencies to increase availability of services/resources for older adults by 2025. • Estimate the percentage of those in IRC who report they have no one to talk to about things that matter (or who suffer from loneliness) by 2026. Livable Indian River Action Plan 13 CM --------- ---- - ------------------------------------------------------------------------------------------ GOAL 1.113: ENSURE INDIVIDUALS IN INDIAN RIVER COUNTY ATTAIN AND MAINTAIN A ______ HEALTHY WEIGHT. Act fies 4' community Resource Measure Benchroark Healthy People 2030 -- State Health Improvement Plan Environmental Public Health Performance Standard OBJECTIVE 1.6.1: Maintain the percentage of adults in Indian River County who have a healthy weight at the 2019 level of 38% by 2026. Measure: Data from Behavioral Risk Factor Surveillance System (BFRSS); FI -Charts. AlF Maintain 38% of adults with Body Mass Index (BMI) of 18.5-24.9. + Key Action Steps: • Implement Supplemental Nutrition Assistance Program (SNAP -Ed) nutrition and physical activity education for adults in Indian River County. • Increase coordination between agencies to increase availability of healthy and affordable food to Indian River County residents. OBJECTIVE 1.8.2: Decrease percentage of adults in Indian River County who reported that poor physical or mental health kept them from doing usual activities on 14 or more of the past 30 days (among adults who have had at least one day of poor mental or physical health) from 18.5% in 2019 to 17% by 2026. Measure: Data from Behavioral Risk Factor Surveillance System (BFRSS). 1.5% decrease in percentage of adults whose poor physical or mental health kept them from doing usual activities on 14 or more of the past 30 days. + Key Action Steps: • Implement FL Blue Foundation Park senior wellness programs and capital equipment installations in Indian River County. • Implement mental health walking clubs in at least four locations throughout Indian River County. • Decrease percentage of adults in Indian River County who engage in heavy or binge drinking through alcohol consumption health education campaign. OBJECTIVE 1.13.3: Decrease the number of adults in Indian River County who are sedentary by 5% from 26.7% in 2019. Measure: Data from FDOH Public Health Statistics and Performance Management. 5% decrease in sedentary adults in Indian River County. Key Action Steps: • Improve infrastructure, lighting and sidewalks within low income and under -resourced communities in Indian River County. Livable Indian River Action Plan 14 35 OBJECTIVE 1.13.4 V Moes s' Commurwty W Resource Measure Bemturtark Healthy People 2030 ..: State to Health plaroven2e t rl Environmental .. ; Pu* Health Pedwr ante starxiara • Include all free public park areas in Indian River County in online databases and promote to residents and health practitioners county -wide. • Implement Faithful Families Thriving Communities (Eating Smart and Moving More) program Indian River county -wide. Maintain the percentage of middle and high school students in Indian River County who have a healthy weight at the 2020 level of 68.1% through 2026. Measure: Data from Florida Youth Tobacco Survey (FYTS.) Maintain 68.1 % of middle and high school students with a BMI of 18.5-24.9. Key Action Steps: • Implement SNAP -Ed, including 5210 in Indian River County schools. • Implement SNAP -Ed, including 5210 in out-of-school programs in Indian River County. • Increase community capacity to provide support for people living with disordered eating. ------------------------------------------ --------------------------- GOAL 1.C: Strengthen and promote supports/resources to improve well-being of older adults. OBJECTIVE 1.C: Increase new clients in community-based programs. Measure: Data from community organizations Increases in specific programs; regular meetings to communicate about local services/resources. + Key Action Steps: • Add participants to Meals on Wheels (15%) and DayAway (15%) by 2024. • Response System available (50 clients) by 2024. • Increase service to individuals who can benefit from programs for the management of movement disorders, as well as families caring for those with dementia, through support initiatives, education, and connection. (50% in three years) by 2024. • Implement a community-based diabetes improvement program and track client progress by 2024. • Increase senior participation in evidence -based healthy -living programs sponsored by the Area Agency on Aging of Palm Beach and the Treasure Coast (increase to 3/year by 2025). • Add participants in Indian River County to the Sunshine Program (100%), the Veterans Peer Support Group (100%) and Caregiver Project by 50% by 2025. Livable Indian River Action Plan 15 0 Domain: Housing The mission for housing: We will increase the number and availability of affordable housing units and increase resources, education, access, and integration of services for home ownership attainment. Establishing and maintaining a healthy environment is central to increasing quality of life and years of healthy life. Environmental factors are diverse and far reaching. Without proper assessment, correction and prevention, environmental factors may adversely affect the health of present and future generations. Having a secure, affordable home that is free of structural and environmental health issues such as mold or vermin is a necessity for a healthy life. Stable housing gives community members a chance to succeed as well as time and energy to focus on personal health and other community needs. The geographic location can have a considerable impact on access to education, recreation, transportation and jobs. Lack of affordable housing in Indian River County and the percentage of individuals who are housing cost burdened continues to increase as the county grows. According to the Shimberg Center for Housing Studies data based on the U.S. Department of Housing Development CHAS, 33% of adults in Indian River were paying more than 30% of their monthly income on rent/mortgage payments in 2019. Having to choose between paying rent or a mortgage and basic needs such as food, health care, clothing or transportation is common in communities throughout Indian River County. Of the 57,636 households in Indian River County, 44 percent struggle to pay for basic needs. Community planning that provides stable, affordable housing near reliable transportation, schools, medical services, healthy food sources and safe gathering places are key to allowing individuals to lead healthy lives with a high quality of life. Availability and affordability of housing are issues that impact community health and are essential parts of the Indian River County response, along with education and support services around housing attainment and retainment. Respondents of both assessments (the Livable Indian River and the 2019 Assessment) highlighted the short supply of affordable housing for low-income families, whether for rental or purchase. Specific zones of the Livable Survey were more likely to report deficiencies (1,4,5 and 7). The 2019 Assessment further mentioned housing costs as a crucial element in quality of life for older adults, citing the lack of both affordable housing and assisted living options are problematic. As part of the visioning process for land use, the county has worked to increase affordable options, while honoring local interests in land preservation. The Indian River County Commission recently approved (unanimously) a 55-acre/150-home plan with the intent of Livable Indian River Action Plan 16 37 the plan focus including smaller, more affordable homes. Two local community foundations have made grants to assist with building of affordable homes in Gifford on land donated by the County, and another to Habitat for Humanity. While building affordable housing will take time through each of these plans, they are one step in the move to increase livability through housing. Few places accommodate older adults on fixed incomes. One unique model in Indian River County is St. Francis Manor, a charitable organization focused on independent living for people 62 years of age and older on limited incomes. They offer social activities and bus trips for shopping. Since creation in 1974, St. Francis has served 1500 seniors with studio and one -bedroom apartments ($365/$600 -month) in a lakeside setting. They have 98 apartments in a twelve unit building and dedicated 2 new buildings in 2018. Their goal is to continue to expand based on the large need in the County. By the River is another unique nonprofit housing organization for older adults with lower incomes in Sebastian. It was recognized by the State of Florida when designed with a family -style design to promote community, support and accessibility. Fully handicap accessible, residents have their own private bedroom and share a fully equipped kitchen, dining room and living room with big screen cable tv. On site, residents have activities and opportunities including, yet not limited to: fitness/yoga programs, intergenerational programs, arts and crafts, on-site job and job opportunities; assistance with transportation and medical care. By the River has space for forty-one older adults. Livable Indian River Action Plan 17 C: Housing Action Plan KEY ACTIVITIES: INCREASE NUMBER AND AVAILABILITY OF AFFORDABLE HOUSING UNITS AND INCREASE RESOURCES, ECUCATION, ACCESS AND INTEGRATION OF SERVICES FOR HOME OWERSHIP ATTAINMENT COMMUNITY RESOURCES: FELLSMERE, SEBASTIAN AND VERO BEACH CITY GOVERNMENTS, COUNTY GOVERNMENT, COMMUNITY CENTERS, SCHOOLS, CULTURAL AND FAITH -BASED GROUPS, HOME BUILDERS AND NON-PROFIT ORGANIZATIONS GOAL 2.A: INCREASE THE NUMBER OF AFFORDABLE HOUSING UNITS BY 1500 IN INDIAN RIVER COUNTY BY --2026 - i Keyy Activities 3' Commumly Resource Measure AN. Benchmark Healthy People 2030 . State Health Improvement Environmental uPubic Health Perfomance Standard OBJECTIVE 2.A.1: Create 40 new affordable housing units, including rentals, in Indian River county by 2026 from a baseline of 0 in 2021. Measure: Certificates of Occupancy (CO) from Indian River County Building Department. AIF 40 COs for constructed housing units. • Key Action Steps: • Work with Cities within Indian River County to construct 6 affordable / workforce housing units in their available land areas. • Work with Indian River County non -profits and developers to acquire funds and construct housing. • Work with Indian River County Affordable Housing Advisory Committee (AHAC) to conduct an assessment of the percentage of rental housing. OBJECTIVE 2.A.2: Conduct an assessment on Community Land Trust feasibility and provider interest in Indian River county from 0 assessments in 2020 to one by 2026. Measure: Community Land Trust Feasibility Assessment Report. One completed assessment. • Key Action Steps: • Create a focus group containing non-profit and county members by 2026. Livable Indian River Action Plan 18 39 -------------------------------------------------------------------------------------------------------------------------------------------- GOAL 2.B.: ESTABLISH A COMPREHENSIVE INTEGRATION OF SUPPORT SERVICES AROUND HOUSING ATTAINMENT AND RETAINMENT IN INDIAN RIVER -------------------- COUNTY BY 2026. Key 5 Community Q Resource Measure N Benchmark Healthy People 2030 ,r,j State Health Improvement Plan n Envimnmenlal Pulte Heat Performance Standard OBJECTIVE 2.13.1: Objective: Provide 10 home ownership education and/or credit repair events in Indian River county by 2026 from a baseline of 0 in 2021. V Measure: Number of educational sessions, survey data. '� 10 educational events. -� A + Key Action Steps: • Provide 10 home ownership education and/or credit repair events in Indian River county by 2026. • Hold 3 workshops in Indian River county to examine and promote diversification of industry by 2026. OBJECTIVE 2.B.2: Objective: Research evidence -based, integrative support service models to implement in Indian River county by 2026 from a baseline of0in2021. ` Measure: Number of models researched. Gap analysis conducted. + Key Action Steps: • Identify effective housing support services in Indian River county for senior populations. • Create paths to home ownership in Indian River county. • Conduct a gap analysis of services in Indian River county. OBJECTIVE 2.B.3: Objective: Increase avenues for affordable home repair and maintenance. Measure: Number of homes repaired. + Key Action Steps: • Identify low-income homeowners who need home repair/maintenance work. • Identify and schedule volunteers to complete repairs. Objective 2.13.4. Increase rental options for older adults in Indian River County Measure: Number of rental units increased. (100). + _Key Action Steps o Assess current rental units in Indian River County by 2023 for low-income older adults, including houses, apartments, rooms and ADU's. o Identify creative housing rental options/best practices for low-income older adults by 2024, including shared housing. o Implement model(s) most likely to succeed in Indian River County by 2025. Livable Indian River Action Plan 19 .X Domain: Economic Opportunity & Employment The mission for economic opportunity and employment: To increase employment and the average annual wage in Indian River County, while reducing the poverty rate, housing cost burden and barriers to economic opportunity. Equal access to employment and economic opportunity relies on removing barriers by increasing education, skills/technical training, and apprenticeships, providing place -based resources in low-income areas, and recruiting companies with livable wage jobs. While over half of the Livable IR Survey respondents were retired (54%), nearly 20% were employed full-time and 6.6% part-time. Only 2.6% were unemployed and looking for work. Respondents, however, frequently expressed there were too few good opportunities for those looking for work in Indian River County and all at low wages. Common responses were: "the pay here is too low;" "need more industry;" "you cannot make a living in the service industry;" "improve job training and possibilities for seniors," "raise minimum wage." Indian River County is one of the top ten richest counties in Florida and has the tenth largest income gap between the top 1 % and the bottom 99% of earners out of 3,061 counties in the U.S. "According to the most current ALICE (Asset Limited, Income Constrained, Employed) report published in 2018, 40% of the households in Indian River County were considered ALICE households while another 11 % were below the FPL in 2016." Approximately 20% of older adults live at 125% of poverty level. Livable Indian River Action Plan 20 41 Economic Opportunity & Employment Plan ------------------------------------------------------------------------------- KEY ACTIVITIES: REDUCE UNEMPLOYMENT, INCREASE GED ACHIEVEMENT, ESTABLISH COMMUNITY RESOURCE CENTERS --------------------------------------------------------------------------------------------------------------------------------------------- W`. COMMUNITY RESOURCES: STAKEHOLDERS, NON-PROFIT ORGANIZATIONS, GOVERNMENT AGENCIES, PACE EH, EDUCATORS GOAL 3.A: REDUCE BARRIERS BY CREATING ECONOMIC OPPORTUNITY AND INCREASED EMPLOYMENT IN INDIAN RIVER COUNTY BY 2026. i -ey K Activities Community ( Resource %measure Ben km* l Healthy People 2030 State Health Improvement Plan Environmental P...1 Pu* Flealth J Stam OBJECTIVE 3.A.1: Decrease the percentage of individuals in Indian River county 25 years and over with no high school diploma or GED by 1.5% year -over -year through 2026 from a baseline of 10.6% in 2019. ',-. Measure: FLCharts; US Census Bureau, American Community Survey. Decrease percentage of adults without GEDs by 1.5% year over year through 2026. • Kev Action Steps: Offer GED instruction on varied schedules, in convenient locations throughout Indian River county. OBJECTIVE 3.A.2: Increase the average annual wage by 5% by 2026 from a baseline of $47,113 in 2020. Measure: US Census Bureau, American Community Survey. Increased average annual wage by 5% by 2026. Kev Action SteDs: Expand the scope, marketing, impact and candidate retention of paid apprenticeship programs in Indian River county. Host quarterly community resource fairs, rotated geographically across Indian River county, each year through 2026. GOAL 3.B.: DECREASE THE INDIVIDUAL POVERTY RATE IN INDIAN RIVER COUNTY 10% BY PROVIDING STEPS AND A NETWORK OF PROVIDERS TO ADVANCE OUT OF THE POVERTY CYCLE. OBJECTIVE 3.B.1: Conduct an inventory of economic opportunity resources in Indian River county to include a county gap analysis by 2026 from a baseline of 0 in 2019. Livable Indian River Action Plan 21 42 Measure: US Census Bureau, 2019 Small Area Income and Poverty Estimates (SAIPE). Inventory of resources and gap analysis. • Key Action Steps: Establish an economic opportunity collaborative to assess needs and provide quantitative data. OBJECTIVE 3.B.2: tes '' Community Resource Measure Bem lwark Healthy People 2030 al :, State Health Improvement Plan ENronmental Public Health Ped wurice standard By 2026 decrease the percentage of adults in Indian River county who are "housing cost burdened" (paying more than 30% of their monthly income for rent or mortgage) by 5% from 33% in 2019. Measure: Shimberg Center for Housing Studies US Dept of Housing Development Comprehensive Housing Affordability Strategy (CHAS) data set. AIII! 5% decrease in housing cost burdened adults. • Key Action Steps: Conduct financial literacy workshops throughout Indian River county. Partner with the Indian River County Affordable Housing Advisory Committee (AHAC) to implement OBJECTIVE 3.B.3: Increase employment of older adults in Indian River County increase in older adults enrolled in STEP Key Action Steps: • Increase the number of employers knowledgeable about older adults interested in employment. • Increase the number of older adults informed about employment opportunities available in IRC. • Increase the number of older adults enrolled in the STEP (employment training/placement) program of United Against Poverty. Livable Indian River Action Plan 22 43 Domain: Communication and Information Mission of Communication and Information: To increase awareness of activities and services for elders throughout Indian River County and contribute to an increasingly positive image of older adults. The Livable IR Survey demonstrated a recurring theme in surveys focused on older adults: respondents were unsure how to get information about different issues. Below is a list of specific domains within the World Health Organization age -friendly domains on which 20% or more respondents answered that they were unsure about a certain topic. In addition, Senior Collaborative of Indian River County (SCIRC) was formed in 2018 by a steering committee of service providers, funders, and advocates to address wide- spread concerns in earlier needs assessments about Indian River County seniors lacking a place to go for information about local resources. During the last four years, SCIRC established a web -based navigation program, telephone referral system and marketing plan. Covid restricted outreach in person, so funds for marketing were more than tripled last year to reach more older adults through radio, newspaper, and internet. Domain Not Topic Sure Housin 28.3% Affordable rent 43.8% Affordable housing options: wider doors, grab bars, no step -entry 40% Well-maintained & safe housing for low-income households Office Spaces & Buildin s Accessible public spaces for people with 33.6% disabilities Health Most not None 20% or higher/comments however indicate sures concerns with access to doctors and treatment by staff >6% Affordable in-home care with well-trained workers 49.9% 35.7% Mental & physical health & wellness programs including exercise facilities & classes 34.4% Public health services 55% Affordable or no -cost food delivery service Employment & Civic Engagement (Availability of 45.4% A range of flexible 'ob opportunities for older adults 55.2% Job training for older adults to learn new skills within their 'ob or train in new area 59.4% Jobs adapted to meet the needs of people with disabilities Livable Indian River Action Plan 23 While answering "unsure" may reveal someone has not needed a resource, written comments in the Livable IR survey and others indicate seniors are confused about where to get help. A few survey comments: • It is difficult to find what services are available. • A service that helps seniors find and access health and supportive services. • The fact that I am a senior and am not sure of several probably means we need better communication of services that are available. A concern that also came up frequently in written comments was the lack of respect respondents felt in health care settings. • Nobody ever calls you back. • Young people working as healthcare staff act like you are an inconvenience. • Standards for respectful care are poor. Training to increase positive communications with older adults seemed a constructive beginning. Livable Indian River Action Plan 24 45 Communication and Information Plan f , - KEY ACTIVITIES: EXPAND AWARENESS THROUGH AN INCREASE IN COMMUNICATION CAMPAIGNS AND I:I�1R•7�i[•P►I COMMUNITY RESOURCES: NONPROFIT AND GOVERNMENTAL ORGANIZATIONS, HEALTH CENTERS, PRIVATE PRACTICES, SENIOR COLLABORATIVE, SENIOR RESOURCE ASSOCIATION AND LOCAL BUSINESSES -------------------------------------------- GOAL 4.A: -n- -h- available infom ration about activities, services and supports orts for older adults, including intergenerational events -------------------------------------------------------------------------------------------------------------------------------------------- 1: Key ti,:3 Activities S' Community Q Resource Measure Benchmark Healthy People 2030 I MaState Heafth Improvement Plan Emrironmenlal 10 Public Health Performance Standard OBJECTIVE 4.A.1: Promote awareness about community activities and other community connections/resources by 2025. ` Measure: Number of new locations and sites for dissemination and types of announcements/welcome packs and ads Number and type of activities (events, news/radio announcements, web pages and internet ads). + Key Action Steps: • Increase dissemination about activities and resources for older adults in Indian River County, including federal, state and community-based programs. • Distribute all marketing materials for Senior Resource Association to 10 new locations each month. • Increase information about local resources for new residents of Indian River County by including information in a local welcome pack. • Create a connection center for older adults in IRC. • Increase coordination and communication between organizations serving elders in the community with biannual meetings. OBJECTIVE 4.A.2: Promote awareness of contributions and positive features of older adults in IRC Measure: Number of students and classes 10 educational events by 2025 Af "Inside Out' Campaign + Key Action Steps: • Increase education for staff in ALFs, community organizations and health care settings to improve communication with older adults (and seek availability of CEUS) by 2024. • Host a "Inside Out' Photography Campaign to show older adults in a positive light by 2025. • Adopt AARP Disrupt Aging curriculum for local use by 2025. Livable Indian River Action Plan 25 M a) (1) om °ow w ��,.CDM aa)ULa`) -C: W "-c c a E o O �O 7 o U L N .r CT a) •` O O L 0 X o s O O m O O C N ^> a co c co �L n 0 0. 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" C N N Z — W U O N 0 O W 0 L6 �N E.>_�Y m m v, CD m m C — W v, � N o j N pT a'o�°o .L > Q C Ecn m C m N cn W W > a) O p m U i i U p U N U 3 N 0 ) M o W Z Q U W m 0 E Q>mC J O a) Z m a, O a, O O Z c oW O o c O« C d N ~ L a) N L 0 p C Y, N "O Q Z a) U •j C M O N O j cQc C Q V D a, m E CSE U� W C/) ct m U Zi Cl) LO CD W m \ O w § \ o�q £ / \ \ jU) <o e m e« 3),M ® E n®O = wE § e . jaf o(\ m0Oe 0 /¥O #2m k a� Q q » \ § � - � _ k U) _ CO =n 0 \\ o n=G c§ o ��/%0 / [ _ & \ � % 0 E75 2- 0 \m�2\ 7���d/ =362:SE=a 7®¥5 2\2@o°° j= z�2��7\ %®/3=\>4 $0 nGea/5®/foo» :a) § (\0-&U- 0 ssgf7�) o £%o2/\E�$/aE��§ � u Q - - - \� 0 (D \ LU k 0 w 0 j t ([ \ U �\ CO \ \ (- \ 3 2\ \E � \0 �\ �-1 v ti LIVABILITY INDIAN RIVER REPORT OF SURVEY RESULTS I. INTRODUCTION In June 2019, the Indian River County Commission voted to apply for membership in the Age - Friendly Network and designated the Senior Collaborative of Indian River County (SCIRC) as lead agency for Livable Indian River. When AARP Florida accepted the County's membership to the network, a group of advocates and SCIRC member representatives came together as a core team to begin work, which included getting input from residents. As a newly designated member of the AARP Livable Community, the purpose of the survey was to assess the age -friendliness of Indian River County, based on input from residents, especially adults over 60. While most funding for the survey — electronic setup and distribution — came from the operating budget of the Senior Collaborative of Indian River County, AARP Florida contributed $700 to print the surveys. II. METHODOLOGY Senior Collaborative Members provided links to the survey, allowing older adults who were computer savvy to complete the assessment. The survey was given to older adults who received meals on wheels. Collection centers were placed at the libraries and community organizations. Other sites selected were based on our belief adults over age 50 visited these sites. When Covid lockdown occurred, we were fortunate to be offered the opportunity to have the survey distributed to clients during the waiting period after receiving their shots at Covid Vaccine sites. The Executive Director of Treasure Coast Community Health, her staff and volunteers secured more than 1300 surveys at sites or by giving them the link to the electronic survey. A. The Questions Survey questions were developed around the guidelines provided by AARP Livability projects in other regions and reviewed by members of the Indian River Core Team. Topics included: Housing; Outdoor Spaces and Buildings; Transportation and Streets; Health and Wellness; Social Participation, Inclusion and Educational Opportunities. A total of 96 questions, plus demographics, solicited information regarding the availability of public services and infrastructure and the extent to which these are being used. An additional series of questions solicited respondent demographic information. Each section ended with an open-ended question soliciting additional opinions about deficiencies related to that topic. Not everyone answered all questions but, of those who started the survey, about 97% completed it. A copy of the questionnaire is provided in Appendix A. It was available in English and Spanish. Livable Indian River Survey Data Report 681 B. The Sample Data were collected from a convenience sample of 1866 Indian River County residents. Of these about 3% were not completed fully, for a total of 1802 completed questionnaires. This is a large sample, a good thing, but it also means that many, if not most of the differences, will be statistically significant. It should be noted again that not everyone answered every question. Some respondents did not finish the survey or skipped questions, so the number of usable responses varies by question. In most cases the number of completions is presented with the results. While the target population was older residents, data were also collected from others when available. Questionnaires were completed in a variety of settings including churches, libraries and at COVID vaccination sites. Efforts were made to solicit opinions in diverse communities, including those more likely to be underserved. 1. Comparison to Census Demographics. Since this was a non-random sample, it is especially important to examine the demographics of the sample in relation to the county in general. Table 1 compares the sample with 2022 Census data for Indian River County. In several cases the Census data were not readily available in the groupings used in the survey so those are left blank. For example, where ages have been combined, the groupings differ. Table 1. Livable Indian River Survey Data Report 692 Comoarison of Resoondent Demoeraohics Demographic Education Indian K-12 (No diploma) 6.7% 9.0% High School Graduate or GED 12.7% 30.4% Post -High School (No degree) 14.0% 20.4% 2-4 Year College Degree 30.1% 27.2% Post -graduate Study (no degree) 7.2% Graduate Degree or Professional Degree(s) 29.3% 11.3% Gender Male 38.3% 48.0% Female 61.7% 52.0% Age 21-49 6% 27% 50 and Over 93.0% 57% Was the census data below in error? Below Household Income Under $50,000 37.5% 43.0% $50,000-$99,999 29.2% 30.0% $100,000or More 33.4% 27.0% Race White or Caucasian 89.9% 86.7% Black or African-American 8.5% 9.6% American Indian or Alaska Native 0.9% 0.4% Asian 0.4% 1.6% Native Hawaiian or Pacific Islander 0.3% .0% Marital Status Married 65.2% 53.8% a. Education. This sample tends to be somewhat more educated than IR residents in general. However, there were important differences by location with 48% of respondents from Zone 2 reporting graduate or professional degrees. b. Gender. As is usually true with surveys, females were somewhat over -represented. c. Race/Ethnicity/Language. Black or African American respondents made up about 9% of the total sample which compares favorably with Census data (-10%). The highest % of completions by black respondents occurred in Zone 5 (49%). The vast majority (about 90%) reported English as the only language spoken in the home with another nearly 3% saying English was mostly spoken. Spanish only or Spanish and English were spoken in only about 6% of these homes. Only 11 reported languages other than English or Spanish, including French, Italian, Polish, Portuguese, Turkish and Urdu. (According to the 2020 Census, about 70 Livable Indian River Survey Data Report 71 87% of Indian River (IR) residents speak English only.) About 4% (74) completed the Spanish version. The highest percentage (46%) of completions in Spanish occurred in Zone 1. d. Internet Use. Some questionnaires were completed online. All respondents were asked about their use of the internet. Three-quarter of respondents said they used the internet several times a day with only 2% never using it. In the 2020 Census 88.4% of IR households had a computer and 82.1% had an internet connection. Therefore, it is unlikely that the fact that some questionnaires were available online did not likely deter anyone from completing it. Highest rate of internet use was reported in Zone 2, the lowest in Zone 1. 2. Housing and Residency. A series of questions solicited information about the respondent's housing status and residency in IR County. a. Time Lived in Indian River County. Most are long-time residents. About three-quarters have resided in IR County more than 5 years and nearly one-third have been here 25 years or more. The longest residency times are in Zone 1 (62% over 25 years) and Zone 5 (67%). The distribution is presented in Figure 1. Figure 1. Years Lived in Indian River County 25 years Less than of more 5 years 31% 23% 16-25 6-15 years years 16% 30% N = 1793 b. Home Ownership. About 87% own their home. This compares to 79% owners reported in the 2020 Census. The highest rate (96%) was in Zone 2. c. Type of Housing. As illustrated in Figure 2, three-fourths of this sample live in single family homes; another 10% in town homes or duplexes. Another 8% live in apartments or condominiums. Given the age of the sample, it was surprising that only 7% reported living in aggregate facilities. However, this may be due to residents of these facilities being less likely to have taken the survey. The highest number reporting living in a single-family home was in Zone 5 (91%). The highest rates for mobile or manufactured homes were in Zones 1 (20%) and 7 (20%). 72 Livable Indian River Survey Data Report 73 Figure 2 Type of Housing Single Family (75.2%) Condominium or Coop (9.9%) Manufactured Home (7.3%) Apartment (3.9%) Town Home or Duplex (3.4%) Aggregate Facility (0.3%) 0% 10% 20% 30% 40% 50% 60% 70% 80% N = 1801 d. Household Composition. Respondents were asked if others lived in their households. Most live alone (53%), followed by living with another adult (28%). The 2020 Census reported 32.6% households with children under 18 compared to 17% in the sample as expected given the respondents' tended to be older. Figure 3 Household Composition Live Alone 53.0%) Other adult 18 or older (27.7%) Child/children 18 or older (12.9%) Child/children under 18 (12.9%) Parent(s) (5.2%) - Child/children away at college (3.2%) 0% 10% 20% 30% 40% 50% 60% 3. Location and Zones. While respondent's addresses were not geo-coded, they were asked to name their local development, neighborhood, or community. These were then divided into a Livable Indian River Survey Data Report 745 total of seven zones based on location and other factors related to the intent of this survey. The divisions are presented in Table 2 and Figure 4. It should be noted that the size of the sample in each zone does not reflect the total population living in that area. Rather this was a convenience sample and some zones are over- or under -represented in terms of population size. Table 2 Where Residents Live Zones Neighborhoods 1 Fellsmere, Roseland, Summer Place 122 6.7% 2 Central Beach, Indian River Shores, Orchid, Windsor 207 11.3% 3 City of Vero, Vero Beach 773 42.2% 4 Florida Ridge, Highlands, Oslo, Vista Royale 178 9.7% 5 Gifford, Wabasso, W. Wabasso, Winter Beach 139 7.6% 6 Sebastian 307 16.8% 7 Pointe West, West Vero Corridor 106 5.8% TOTAL 1832 100.0% AGE FRIENDLY -LIVABLE INDIAN RIVER COUNTY TABLE 2 "Where Residents Live" i 1 m P oaaac.aare Figure 4 071 HiPORa1RTWRntMP NOi /. SURVEY U 12S S I.S lU Y- To summarize the sample of IR residents who completed this survey are older (as intended), somewhat better educated and more affluent that the local population in general. Their ethnic and racial diversity, while limited, is in line with the Census data. As is typical of surveys of the elderly, more women participated than men. Most of these respondents live alone in single-family homes 75 Livable Indian River Survey Data Report 76 that they own. Most have internet and are long-term residents of IR County. Based on this demographic and housing information, this sample should provide useful data on the target population. D. The Analysis Frequencies were calculated for all questions using SPSS 28. In addition, all questions were cross tabulated by zone to determine differences and deficiencies of certain zones. Zone analysis was based on the location of respondents' homes. (Betty, Paulette, I added what Paulette put for D in her comments.) III. RESULTS Results are presented under the major categories used in the questionnaire: Housing; Outdoor Spaces and Buildings; Transportation and Streets; Health and Wellness; and Social Participation, Inclusion and Educational Opportunities. Where appropriate, data are presented or illustrated with tables and charts. Important findings are discussed briefly at the end of each section. A summary is included at the end of the report. Percentages are rounded to the nearest whole number when discussed. In most cases data are analyzed by the zone in which the respondent lives. In most cases ratings of Excellent, Very Good and Good are combined as positive while Fair and Poor or negative. Given the purpose of this study the emphasis in reporting and discussing the results focuses on deficits by zone. A. COMMUNITY When asked how they rated Indian River County as a place for people to live as they age, 95% of the total sample assessed it as positive (excellent, very good or good). Of importance, however, is that respondents from Zones 4 and 5 were more likely to rate it as fair or poor. Similarly, when rating their specific neighborhood as a place to age, 95% of the total gave positive ratings but those living in Zones 4 and 5 were more likely to rate theirs as fair or poor. Of special note, 17% of Zone 5 gave a fair or poor rating. Similarly, when asked how they rated the county as a place for families with children, 91% gave positive ratings. There were location differences, with 19% from Zone 5 and 16% from Zone 7 giving negative ratings. When asked about their neighborhood as a place for families with children, 93% of the total rated it as positive. Once again, it's important to focus on the deficiencies. One-quarter or more in Zones 4, 5 and 7 rated their neighborhoods negatively as a place for families. B. HOUSING 1. Affordable Options in Housing and Home Services. A series of questions asked about the availability of affordable options of housing and home services. The results are reported in Figures 5 and 6. a. Housing Availability for Purchase. Figure 5 illustrates that, while most felt there are affordable options for home ownership, one-third (34%) say they are only fair/poor and Livable Indian River Survey Data Report 777 another 13% are not sure. Negative answers (Fair/Poor) were highest in Zones 1 (36%) and 5(56%). Figure 5 Housing Affordability for Purchase 37.0% 16.6% 21.2% 12.3% 13.0% r o°� Q N = 1762 b. Housing Availability to Rent. Rental housing seems to be more of a problem. See Figure 6. About 43% of the total sample rated the availability of affordable rental housing as fair or poor. In Zone 5 this increased to 62%. More than one-quarter of the sample are not sure. indicating it is not an issue with which they are familiar, therefore not likely to be a problem they have faced. Figure 6 Housing Affordability for Rent 22.1% 23.3% 28.3% 20.1% 6.1o �� c� ,, �� jai Qo& cQ N =1685 c. Home Maintenance. When asked about the availability of affordable home maintenance services, such as lawn care and repair services, 61% gave positive responses. However, 43% of Zone 5 respondents rated it as only fair/poor. Livable Indian River Survey Data Report 79 d. Hurricane Preparation Assistance. About 65% gave positive ratings for the availability of assistance to prepare for hurricane. This was significantly less likely to be the response of those living in Zones 1 and 5. e. Housing with Safety Features. One question asked about the availability of suitable housing options for seniors (wider doors, grab bars, no -step entry, etc.) Only about one-third rated it as excellent or good, but 44% were not sure, again indicating it has not been a problem they have faced. f. Availability of Low -Income Housing. When asked specifically about the availability of well- maintained and safe housing for low-income households, only 22% think it is excellent or good. However, 40% are not sure. Significantly more respondents from Zones 1, 4, 5 and 7 rated it as fair/poor. To summarize this section, most respondents own their homes and live in single family homes. While most reported little or no issue in finding affordable housing to buy, the results were less positive related to rental housing. The availability of affordable housing for low-income families seems to be particularly problematic. There did not appear to be major deficiencies in home maintenance or hurricane preparation assistance. Respondents from Zones 1, 4, 5 and 7 were more likely to report deficiencies in these housing options. C. OUTDOOR SPACES AND BUILDINGS A series of questions was designed to illicit opinions about the availability of various community outdoor spaces, public infrastructure, and buildings. The results are summarized in Figure 7. Figure 7 Outdoor Spaces and Public Buildings 1. Safe Parks w/Walking Areas and Benches. Nearly 85% report safe parks and walking areas in the county. Zones 4, 5 and 7 had the most negative responses. Many commented about the lack of well-maintained playgrounds and the total absence of parks and recreation programs in the West Corridor (Zone 7). Livable Indian River Survey Data Report 809 2. Accessible Public Buildings. Over three-fourths (78%) rate the availability of accessible public buildings as excellent or good and about 61% rate the availability of public restrooms as excellent or good. The highest negative responses are from Zones 1 (28%) and 5 (24%). 3. Well -Maintained Neighborhood Sidewalks. About 62% rate this amenity as excellent or good. However, there are important location differences. Over 40% of respondents in Zones 1, 4, and 5 gave negative assessments. 4. Public Restrooms. About 62% rate the availability of public restrooms as excellent/good. Zone 1 respondents are the most negative about this, followed by Zones 4 and 5. It's interesting to note that 22% in Zone 7 are not sure. S. Parks Within Walking Distance. When asked about the availability of parks within walking distance of their homes, the results are less positive and about equally split between excellent/ good (55%), and fair/poor (41%). Lowest ratings occur in Zones 1, 3, 4, 5 and 7. In fact 71% in Zone 7 rate the availability parks within walking distance as fair or poor. 6. Accessible Public Places for People w/Disabilities. About one-half of the sample is unsure about the availability of accessible public places for people with disabilities. The most negative ratings were from Zones 1 and 5 where about one-third rated this as fair/poor. There were many comments about the lack of access to beaches by handicapped people due to steep steps and limited handicapped parking in the open-ended section. In summary, based on this sample most residents of IR tend to be very positive about the availability of safe parks with walking areas and benches, safe walking areas, accessible public buildings, public restrooms, and well-maintained sidewalks. It is important to note, however, that this was less true in certain zones. Results related to accessibility by people with disabilities were inconclusive. When asked to discuss deficiencies that are important to them, many mentioned a lack of affordable housing in general and several specified the lack of well-maintained sustainable housing. D. TRANSPORTATION AND STREETS 1. Use of Transportation Modes. They were first asked about the extent to which they use various modes of transportation. The results are reported in Table 3. Livable Indian River Survey Data Report 810 Table 3 Use of Transportation Modes Drive Yourself Always 82.0 Often Sometimes 12.4 2.6 Never 2.9 Others Drive 6.1 13.9 45.1 35.0 Walk 12.0 21.8 38.4 27.8 Bike 6.2 11.0 28.2 54.5 Golf Cart 2.9 4.8 8.8 83.4 Public Transportation 0.6 1.2 6.7 91.5 Private Car Service 1.0 1.2 21.6 76.2 Special Transportation Services 0.3 0.4 2.5 96.8 The vast majority (82%) always drive themselves with no important differences related to home location. About 45% are sometimes driven by friends or family. About one-third say they always or often walk and only 17% always or often ride a bike or use a golf cart. Use of public transportation ranged from less than 1% in Zone 2 to 23% in Zone 1. About three-quarters never use a private car service, such as Uber or Lyft, with the rate being somewhat higher in Zone 2. Only 3% report ever using special transportation services available for seniors or persons with disabilities. This seems reasonable considering how many drive their private cars. 2. Transportation Infrastructure. The next series of questions asked about the availability of various infrastructure related to transportation. The results are illustrated in Figure 8. Figure 8 Transportation Infrastructure Readable Traffic and Street Signs Public Parking Neighborhood Streets Well Lit Affordable Public Transportation Neighborhood Sidewalks Well Maintained MENNEIRMEMIMINIUM Safe Intersections Safe Pedestrian Crossings Separate Bike & Pedestrian Paths ■ Excellent a Good Fair Poor N = 1336-1742 While the vast majority rated the availability of these amenities excellent or good, it is important to examine the deficiencies. Availability of separate bike and pedestrian paths was rated only fair or poor by over half (51%) of the respondents. Similarly, over one-third (39%) gave these negative ratings for well -lit neighborhood streets and 34% for affordable public transportation. 82 Livable Indian River Survey Data Report 11 The most negative responses on these transportation infrastructure questions came from Zones 1, 4, 5 and 7. Since Indian River County has free public transportation, we must assume that respondents answering negatively were unaware of its existence through Go Line and Community Coach. More comments were made in the open-ended portion of this section than for any other in the survey. Hundreds of respondents reported inadequate sidewalks, bike paths and lighting in their neighborhoods. To summarize this section, a large majority of these IR residents drive themselves. Use of public or special transportation services is very low. Their assessments of bike and pedestrian paths, safe pedestrian crossings, safe intersections and sidewalks tend to vary by location where there appears to be major gaps as evidenced by answers to these questions, as well as the comments provided. E. HEALTH AND WELLNESS General Health and Ability. When asked about their overall health in comparison with others their age, about 28% report it as excellent, 39% very good, 25% good. Only 12% indicate a disability, handicap or chronic disease keeps them from participating in work, school, housework or other activities. When considering the results of this survey, it is important to remember that this is a relatively healthy and able sample of Indian River residents. 2. Health Insurance. Several questions inquired about insurance coverage. Respondents often report more than one type. Most (60%) are covered by Medicare as their primary health insurer, 42% have insurance through current or former employers, and 28% purchase directly from a company. About 9% have Medicaid coverage and 6% have VA or military insurance. Many have more than one type of health insurance. When those with Medicare were then asked about their plan, 53% have original Medicare, 35% have a Medicare Advantage Plan and 26% have a Part D plan. Once again, some report having more than one type of health insurance. The highest rates for Medicaid were in Zones 1 (19%) and 5 (14%). 3. Physical Exercise. Respondents were asked how often they engaged in some form of physical exercise (walking, running, biking, swimming, sports, gardening, exercise classes, yoga, etc.). Most report engaging in some form of exercise either every day or several times a week, once again indicating an active group. See Figure 9. Livable Indian River Survey Data Report 842 Figure 9 Physical Activity Everyday (36.2%) Several Times Week (35.9% -- Rarely (12.5%) —_ Once a Week (10.6%) Once Every Other Week (3.1%) - Never (1.6%) . 0% 5% 10% 15% 20% 25`Yo 30% 35% N = 1778 4. Accessibility of Medical and Health Services. Several questions solicited opinions about their accessibility to a variety of medical and health services and facilities. The results are illustrated in Figure 10. Figure 10 Accessibility of Medical and Health Services 0.0% 20.0% 40.0% 60.0% 80.0% 100.0% 120.0% ■ Excellent a Good Fair Poor ■ Not Sure N =1696-1759 a. -d. Respectful and Helpful Medical Staff, Medical Facilities, General Practitioners, and Medical Specialists. Of the total sample about 80% rate their accessibility to public health facilities, medical facilities, general practitioners, and medical specialists as excellent or good. The highest percent of negative assessments were from Zones 1, 4, 5 and 7. Livable Indian River Survey Data Report 853 e. Public Health Services. Slightly less than one-half gave positive ratings. About one-third were unsure so have probably not tried to access public health services. More negative ratings came from Zones 1 and 5. f. Health and Wellness Programs. Once again over one-third of these respondents are not sure about the accessibility of health and wellness programs, indicating they have likely not tried to access them. However, 44% rate the accessibility as excellent or good. Residents of Zones 1, 4, 5 and 6 are more likely to rate this item as fair/poor. g. Affordable In -Home Care. Nearly one-half are unsure. About 38% gave positive ratings. The highest percent of negative ratings came from Zones 1 and 5. h. Affordable Food Delivery. Once again over half are unsure. About 30% gave positive ratings. Again, the highest percent of negative ratings were from Zones 1 and 5. i. Services to Help Seniors Find Health and Supportive Services. Over half (55%) are not sure about this. About 32% feel access is excellent or good. Zones 1 and 5 residents were the most negative. (Betty: this section is not just about Health care facilities but also includes meals on wheels and other supportive services.) Comments provided for this topic included many specific issues related to affordability. There were also numerous mentions of lack of affordable dental services and prescription drugs. 5. Sources of Health -Related Information. A series of questions asked how likely they are to turn to various sources for health information for themselves or others. Not surprisingly, the major sources were their local doctors or health care professionals or people they know, followed by internet or online sources. Figure 11 summarizes this series of questions. Figure 11 Sources of Mental or Physical Health -Related Information Local Doctor or Health Care Professional People You Know Internet or Online Sources Spiritual or Faith -Based Organizations Local Government Offices Local Senior Organizations Library County Number 211 ■ Very Likely 2 Somewhat Likely Not Very Likely Not Likely at All N =1474-1571 Livable Indian River Survey Data Report 864 Once again, affordability was the key complaint. Hundreds of comments mentioned the lack of access to affordable medical and health-related services, as well as aggregate facilities and home health care. There were numerous complaints about the difficulty in getting timely appointments. To summarize this section, these respondents tend to be healthy, able-bodied, active and to have health insurance. Most have not had problems accessing medical and health services. It should be noted that many are unsure about their availability, indicating that they probably have not needed them. Many who have encountered difficulties felt strongly enough to provide comments, particularly related to affordability. Their primary sources for mental and physical health information are their doctors or health care professionals or people they know, followed by internet or online sources. F. SOCIAL PARTICIPATION, INCLUSION AND EDUCATIONAL OPPORTUNITIES 1. Social Participation. The first question asked them to rate the opportunities for social participation and inclusion for people like themselves. See Figure 12. Figure 12 Opportunities for Social Participation and Inclusion 40.5 22.9° 9.6% 21.5% 5.4 Q Qa0 N=1680 The responses indicate that most people feel positively about their social opportunities. However, about one quarter, a sizable portion, feel they are only fair or poor. The only exception was for Zone 2 where the negative rate was only 12%. 2. Social Interaction in Person. Figures 13 and 14 support this assessment with information about how frequently they interact with friends, family, or neighbors, both in person and through telephone and social media. Over half the sample report interacting more than once a day or at least several times a week. Social interaction rates in person were highest in Zone 2 and lowest in Zone 1, followed by Zones 4 and 5. Livable Indian River Survey Data Report 875 Figure 13 Social Interaction in Person More Than Once a Day I■ 35.3% Several Times a Week 23.6% About Once a Day 18.7% Once a Week 10.2% Once Every 2 or 3 Weeks 04.2% Less Than Monthly a 3.6% Once a Month a2.3% Never 82.1% N=1736 3. Social Interaction by Telephone or Internet. Respondents were then asked to estimate how often they interact via telephone or social media and the results are reported in Figure 13. They report a great deal of interaction. Over half say they interact via telephone or internet more than once a day, with most of the rest interacting at least several times a week. The lowest rates occur in Zones 1, 4 and 5. Figure 14 Social Interaction by Telephone or Internet More Than Once a Day About Once a Day Several Times a Week Once a Week Once Every 2 or 3 Weeks Never Once a Month Less Than Monthly 50.7% 20.0% _ 19.6% 5.2% 1.4% 1.4% 1.0% 0.7% N = 1741 It appears that most of these IR residents have active social lives with 73% interacting with people at least once a day. Similarly, most interact more than once a day with people via the phone or internet. Some, however, are very isolated — about 5% report in-person interaction once a week or less and about 2% talk on the phone or use social medical less than monthly. Those living in Zones 1 and 5 reported the least amount of this type of social interaction. Livable Indian River Survey Data Report 866 Overall, more than 22% had social interaction with another person once weekly or less. Ten percent were very isolated and saw another person every 2-4 weeks, while 2% had few or no in-person interactions. On a related question, about 14% said they knew someone in Indian River County who does not interact with friends, family, or neighbors. Given that this was a convenience sample consisting of people who were available at locations to complete the survey, they are, by definition, less likely to be isolated themselves, but many know people who are isolated. 4. Sources of Continuing Education or Self -Improvement Classes/Workshops. Most of these respondents indicated they do not participate in continuing education or self-improvement classes/workshops. This lack of participation was true across all zones. Among those who did participate the most common sources of continuing education were local cultural activities, volunteer work and spiritual/religious activities. S. Social Opportunities. Several questions that gather opinions regarding the availability of specific social opportunities are summarized in Figure 15. (Note: Some questionnaires did not include each of these questions.) Respondents could make multiple choices. Figure 15 Availability of Social Opportunities Cultural Activities (Music, Art, Etc.) Elm Meaningful Volunteer Work Spiritual/Religious Activities Activities Geared to Older Adults Opportunties to Meet New People Access to Community Information Special Interest Groups and Clubs Affordable Social Events Continuing Education Opportunities 0% 20% 40% 60% 80% 100% ■ Excellent ■ Very Good Good Fair ■ Poor ■ Not Sure a. Cultural Activities. This item received outstanding positive ratings (84%). There were many positive comments about the availability of cultural events in IR County. Once again, the most negative assessments occurred in Zones 1 and S. b. Meaningful Volunteer Work. This seems to be readily available given that 81% rated it positively. This was less so, however, for those from Zones 1. Livable Indian River Survey Data Report 8�7 c. Opportunities to Meet New People. While most gave a positive rating, about one-quarter did not. More negative answers occurred from Zones 1, 5 and 7. d. Access to Community Information. When asked to rate the availability of access to community information, about 78% said it was either excellent, very good or good. e. Affordable Social Events. Assessments were extremely positive with 71% of the total rating this positively. Results were the least positive in Zones 1, 5 and 7. f. Continuing Education. In examining the extent to which respondents interact in the community, a question asked where they typically go for continuing education or self- improvement classes/workshops. About 57% indicated they never attend classes. Among those who do, they are most likely to go to educational programs in their faith community, closely followed by those available through local organizations or business or local colleges. An open-ended question asked them to list specific sources of education and examples given include 12 -step programs, Internet classes, library programs, clubs, museums, and galleries, as well as exercise programs such as yoga and Pilates. To summarize, most of these residents are in relatively good health, are both physically and socially active, and feel they have adequate access to cultural and spiritual activities. They were a little less positive about opportunities for affordable social events, opportunities to meet new people, special interest groups and continuing education. Access to community information did not appear to be problematic for most. G. EMPLOYMENT 1. The next series of questions examined job opportunities and employment. The first asked about their employment status and is reported in the Figure 16. Figure 16 Employment Status Retired, Not Working at All 54.1% Employed Full Time 19.8% Self -Employed � 11.2% Employed, Part Time 6.6% Not in Labor Force for Other... 5.6% Unemployed, Looking for Work B 2.6% N = 1674 Given that the sample included a high portion of elderly residents, it is not surprising that over half are retired. Livable Indian River Survey Data Report 9d' 2. Job Opportunities. Several follow-up questions dealt with opportunities for jobs and job training. The results reported in Figure 17 indicate that about 40% believe the opportunities for jobs for older adults and people with disabilities, as well as job training, to be excellent or very good. Only about 20-25% rated these as only fair or poor. Figure 17 Availability of Job Opportunities Range of Jobs for Older Adults Job Training to Learn New Skills Jobs Adapted to People with Disabiities ■ Excellent A Very Good 0% 20% 40% 60% 80% 100% Good Fair ■ Poor ■ Not Sure N = 1579-1593 On the open-ended question about employment opportunities, numerous issues were raised related to the communication of these opportunities. Many complained about a lack of good - paying jobs with benefits, particularly in the service sector. There were calls for greater emphasis and resources to recruit companies with better employment opportunities to Indian River County. To summarize, most of these respondents are not in the job market so job availability is not an issue. However, many feel there are too few good employment opportunities for those looking for work in Indian River County. IV. SUMMARY AND DISCUSSION This survey of IR residents solicited responses from a large convenience sample on several topics related to the livability of their neighborhoods and community. Survey questions were developed with community leaders based on suggestions from the AARP Livability project. The questionnaires were completed in a variety of settings including medical facilities, libraries, churches and online. The resulting sample are older (as intended), somewhat better educated and more affluent that the local population in general. Their ethnic and racial diversity, while limited, is in line with the Census data. As is typical of surveys of the elderly, more women participated than men. Most of these respondents live alone in single-family homes that they own. Most have internet service and are long-term residents of IR County. Based on this demographic and housing information, this sample should provide useful data on the target population. It was especially important to identify differences based on where respondents live. Therefore, the data were analyzed according to zones and significant differences are discussed with emphasis on deficiencies that need to be addressed. Livable Indian River Survey Data Report 919 Community. The majority of these residents feel this is a good community in which to live, regardless of age. When asked specific questions about their neighborhoods and specific services and amenities, however, location differences emerged. Housing. While most reported little or no issue in finding affordable housing to buy, Is this not skewed by the high percentage of home ownership by the sample. the results were less positive regarding rental housing. The availability of good housing for low-income families seems to be particularly problematic. There were no major deficiencies in home maintenance or hurricane preparation assistance. Our experience through the Collaborative is there are no assistance programs available for home maintenance. The sample has higher incomes and home ownership than County demographics. Respondents from Zones 1, 4, 5 and 7 were more likely to report deficiencies. Outdoor Spaces and Buildings. Once again, most were positive about the availability of safe parks with walking areas and benches, safe walking areas, accessible public buildings, public restrooms, and well-maintained sidewalks. It is important to note, however, that this was less true in certain zones. Results related to accessibility by people with disabilities were inconclusive. When asked to discuss deficiencies that are important to them, many mentioned a lack of affordable housing in general and several specified the lack of well-maintained sustainable housing. Transportation and Streets. A large majority of these IR residents drive themselves. Use of public or special transportation services is very low. Their assessments of bike and pedestrian paths, safe pedestrian crossings, safe intersections and sidewalks varied significantly by location with major gaps in several zones. Health and Wellness. These respondents seem to be healthy, able-bodied, active and to have health insurance. Most have not had problems accessing medical and health services. It should be noted that many are unsure about their availability, indicating that they probably have not needed them. Many who had encountered difficulties felt strongly enough to provide comments, particularly related to affordability. Their primary sources for mental and physical health information are their doctors or health care professionals or people they know, followed by internet or online sources. Social Participation, Inclusion and Educational Opportunities. Most of these residents report being both physically and socially active, and feel they have adequate access to cultural and spiritual activities. They were a little less positive about opportunities for affordable social events, opportunities to meet new people, special interest groups and continuing education. Employment. To summarize, most of these respondents are not in the job market so job availability is not an issue. However, many feel there are too few good employment opportunities for those looking for work in Indian River County. Zone Differences. Based on the results of this survey it appears that most people find Indian River County a good place to live in terms of housing and local amenities. This is particularly true in the more -developed City of Vero and Vero Beach and the more affluent island communities. The most important findings are how residents in several other zones consistently provided more negative assessments. This was particularly evident in Zones 1 (Fellsmere, Roseland, Summer Place) and 5 Livable Indian River Survey Data Report 920 (Gifford, Wabasso, W. Wabasso, Winter Beach) and only slightly less evident in Zones 4 (Florida Ridge, Highlands, Oslo, Vista Royale) and 7 (Pointe West, West Vero Corridor). Many comments from the unincorporated areas in particular expressed frustration at the lack of adequate streets and sidewalks, parks and recreational areas in spite of the rate at which new developments are approved. While this is not new information to those with experience living and/or working in these areas, the results should help make the argument that the needs of underserved areas need to be addressed. Livable Indian River Survey Data Report 9:31 Members from these agencies form the Core Team of the Community and Health Support group: • Adams Media Group • Area Agency on Aging Palm Beach/Treasure Coast • Alzheimer's Parkinson Association of Indian River County • Aric Attas Creative (or Photon Lab) • Coastal Concierge Home Care • Community Advocates • Gifford Youth Achievement Center • Indian River County • Indian River County Sheriff's Department • Kashi, Inc. • New Vision Eye Center • Nurses on Board • Senior Collaborative of Indian River County 0 Senior Resource Association • St. Francis Manor of Vero Beach • St. Mark's Anglican Church of IRC • Treasure Coast Community Health • Visiting Nurse Association of IRC • 211 Livable Indian River Survey Data Report 942 APPENDIX B Copy of the Questionnaire 3irpLIVABLE I N D I A N R IVE R Community Assessment Please join us in working to make Indian River County even more livable by completing the survey below. We anticipate it will take 10 minutes to finish. Livable IR was created to expand services and features to improve the quality of life for residents of our County. Some of the questions are asked about your specific neighborhood and some are about the entire County. Your feedback is a critical step to helping us develop recommendations to be implemented over next 5 years. Your responses are confidential. For further information please visit www.LivableIR.org, email information@Livableir.org, or call the Senior Collaborative at (772) 469-2270. YOUR COMMUNITY 1. How do you rate Indian River County as a place for people to live as they age? ❑ Excellent ❑ Fair ❑ Very good ❑ Poor ❑ Good 2. How do you rate Indian River County as a place for families with children? ❑ Excellent ❑ Fair ❑ Very good ❑ Poor ❑ Good 3. When asked where you live within the county, what name do you answer, ie. what is your local neighborhood/development? ❑Central Beach ❑Oslo Park/Vero ❑West Wabasso ❑City of Vero Beach ❑Pointe West ❑West Vero Corridor ❑Fellsmere ❑Roseland ❑Windsor ❑Florida Ridge ❑Summer Place ❑Winter Beach ❑Gifford ❑Sebastian ❑Other: ❑Highlands ❑Vero Beach ❑Indian River Shores ❑Vista Royale ❑Orchid ❑Wabasso (please specify) 95 Livable Indian River Survey Data Report 23 4. How do you rate your neighborhood as a place for people to live in as they age? ❑ Excellent ❑ Fair ❑ Very good ❑ Poor ❑ Good 5. How do you rate your neighborhood as a place for families with children? ❑ Excellent ❑ Fair ❑ Very good ❑ Poor ❑ Good 6. What is your 5 -digit ZIP code? 11 11 7. How long have you lived in Indian River County? ❑ Less than 5 years ❑ 16 t o 25 years ❑ 6 to 15 years ❑ 25 years or more HOUSING 8. Do you own or rent your primary home — or do you have some other type of living arrangement, such as living with a family member or friend? ❑ Own ❑ Rent ❑ Other, Specify: 9. What type of home is your primary home? ❑ Single family home ❑ Mobile or manufactured ❑ Town home or duplex ❑ Apartment ❑ Condominium or coop 10. How do you rate the availability of affordable options of the following products/services for someone like yourself in Indian River County? Not Excellent Good Fair Poor Sure a. Affordable housing options for purchase b. Affordable housing options for rent c. Affordable Home maintenance services (lawn, repairs, etc.) Livable Indian River Survey Data Report 24 d. Hurricane preparation assistance e. Affordable housing options with wider doors, grab bars and no -step entry f. Well-maintained and safe housing for low-income households OUTDOOR SPACES AND BUILDINGS 11. How do you rate the availability of the following 12. Are there deficiencies in items 10 or 11 that are particularly important to you? TRANSPORTATION AND STREETS 13. How often do you use these forms of transportation? Always Often Sometimes Never a. Drive yourself b. Have others (family/friends) drive you c. Walk d. Ride a bike e. Drive a golf cart f. Use public transportation g. Use private car service (taxi, Uber, Lyft, etc.) h. Use special transportation service, such as for seniors or persons with disabilities 14. How do you rate the availability of the following in Indian River County? Not Excellent Good Fair Poor Sure a. Public parking •• Excellent Good Fair Poor Not Sure a. Safe parks with walking areas and benches in the county b. Parks within walking distance of your home c. Well-maintained sidewalks in my neighborhood d. Accessible public buildings in the County e. Public restrooms in the County f. Accessible public spaces for people with disabilities in the County 12. Are there deficiencies in items 10 or 11 that are particularly important to you? TRANSPORTATION AND STREETS 13. How often do you use these forms of transportation? Always Often Sometimes Never a. Drive yourself b. Have others (family/friends) drive you c. Walk d. Ride a bike e. Drive a golf cart f. Use public transportation g. Use private car service (taxi, Uber, Lyft, etc.) h. Use special transportation service, such as for seniors or persons with disabilities 14. How do you rate the availability of the following in Indian River County? Not Excellent Good Fair Poor Sure a. Public parking •• Livable Indian River Survey Data Report 25 100 b. Easy to read traffic and street signs c. Safe intersections d. Safe pedestrian crossings e. Well -lit streets in my neighborhood f. Well-maintained neighborhood sidewalks g. Affordable public transportation h. Separate path for bicycles and pedestrians 15. Are there deficiencies in items 13 or 14 that are particularly important to you? HEALTH AND WELLNESS 16. When compared to most people your age, how do you rate your overall health? ❑ Excellent ❑ Fair ❑ Very good ❑ Poor ❑ Good 17. Does any disability, handicap, or chronic disease keep you or a family member from participating in work, school, housework or other activities? [CHECK ONLY ONE] ❑ Yes, Me ❑ No ❑ Yes, a family member ❑ Both myself and a family member 18. How often do you engage in some form of physical exercise (walking, running, biking, swimming, sports, gardening, exercise classes, yoga, etc.)? ❑ Everyday ❑ Once every other week ❑ Several times a week ❑ Rarely ❑ Once a week ❑ Never 19. How do you rate the accessibility to you of the following? Excellent Good Fair Poor Not Sure a. General practitioners b. Medical specialists c. Medical facilities (hospitals, rehabilitation, extended care) 101 Livable Indian River Survey Data Report 26 102 d. Respectful and helpful healthcare staff who communicate well in my language Yes No Not Sure a. Insurance through a current or former employer of you or your spouse e. Affordable in-home care with well-trained workers b. Insurance purchased directly from an insurance company f. Mental and physical health and wellness programs including exercise facilities and classes d. Medicaid or any kind of government assistance plan for those with low incomes or a disability g. Public health services e Medicaid or any kind of government assistance plan for those with low incomes or a disability h. Affordable or no -cost food delivery service g Other, specify: i. A service that helps seniors find and access health and supportive services 20. Are there deficiencies in item 19 (Health & Wellness) that are particularly important to you? 21. Do you have any of the following kinds of health care coverage? CHECK ALL THAT APPLY. 22. IF YOU ANSWERED MEDICARE above, Please mark which Medicare plan you have: (All others, please skip to #23.) a. Medicare Advantage Plan b. Original Medicare c. Supplemental Medicare Insurance SOCIAL PARTICIPATION, INCLUSION AND EDUCATIONAL OPPORTUNITIES 103 Yes No Not Sure a. Insurance through a current or former employer of you or your spouse b. Insurance purchased directly from an insurance company C. Medicare (for people 65 or older or certain people with certain health disabilities) d. Medicaid or any kind of government assistance plan for those with low incomes or a disability e Medicaid or any kind of government assistance plan for those with low incomes or a disability f Any other insurance coverage g Other, specify: 22. IF YOU ANSWERED MEDICARE above, Please mark which Medicare plan you have: (All others, please skip to #23.) a. Medicare Advantage Plan b. Original Medicare c. Supplemental Medicare Insurance SOCIAL PARTICIPATION, INCLUSION AND EDUCATIONAL OPPORTUNITIES 103 Livable Indian River Survey Data Report 27 104 d. Supplemental Drug (Part D) Insurance 23. In general how do you rate opportunities for social participation and inclusion in Indian River County for people like you? ❑ Excellent ❑ Very good ❑ Good ❑ Fair ❑ Poor 23. How frequently do you usually interact in person with friends, family or neighbors? ❑ More than once a day ❑ About once a day ❑ Once a month ❑ Several times a week ❑ Less than monthly ❑ Once a week ❑ Never ❑ Once every 2 or 3 weeks 24. How frequently do you usually connect by telephone or social media with friends, family or neighbors? ❑ More than once a day About once a day ❑ Several times a week ❑ Once a week ❑ Once every 2 or 3 weeks ❑ Once a month ❑ Less than monthly ❑ Never 25.Do you know someone in Indian River County who does not interact with friends, family or neighbors? Yes ❑ No ❑ 26.Where do you typically go for continuing education or self-improvement classes/workshops? MARK ALL THAT APPLY. ❑ College ❑ Parks and recreational departments ❑ Faith community ❑ Local organizations or businesses ❑ Community or senior center ❑ Offerings through my work ❑ 1 do not participate in any continuing/self-improvement classes. 105 Livable Indian River Survey Data Report 28 106 ❑ Other, please specify: 27. How do you rate the availability of the following in Indian River County? 28. Are there deficiencies in social, spiritual, educational, cultural opportunities (items 22- 27) that are important to you? 29. How likely are you to turn to the following if you, or a family/friend, need mental or physical health-related information? Excellent Good Fair Poor Not Sure a. Opportunities to meet new people and to socialize with neighbors b. Local doctor or health care professional b. Affordable social events d. Internet or online sources such as WebMd, AARP, etc. c. Spiritual/religious activities for people like me e. Spiritual or faith -based organizations d. Cultural activities (music, art, etc.) f. Library e. Activities geared to older adults h.211 phone number for general county information f. Special interest groups and clubs i. People you know g. Continuing education opportunities h. Opportunities to do meaningful volunteer work i. Internet or online service j. Access to community information 28. Are there deficiencies in social, spiritual, educational, cultural opportunities (items 22- 27) that are important to you? 29. How likely are you to turn to the following if you, or a family/friend, need mental or physical health-related information? 107 Very Likely Somewhat Likely Not Very Likely Not Likely At All a. Local senior organizations b. Local doctor or health care professional d. Internet or online sources such as WebMd, AARP, etc. e. Spiritual or faith -based organizations f. Library g. Local government offices such as Department of Health h.211 phone number for general county information i. People you know 107 Livable Indian River Survey Data Report 29 EMPLOYMENT 30. Which of the following best describes your current employment status? ❑ Self-employed ❑ Unemployed, but looking for work ❑ Employed, part-time ❑ Retired, not working at all ❑ Employed, full-time ❑ Not in labor force for other reasons 31. How do you rate availability of the following in Indian River County? 32. Are there deficiencies in item 30-31 that are important to you? ABOUT YOU The following questions help us assess the extent to which our respondents match the demographics of Indian River County. This information will be kept confidential and only used as totals for the entire sample. D1. Are you male or female? ❑ Male ❑ Female D2. Which age group are you? ❑ 21-34 Not ❑ 35-49 Excellent Good Fair Poor Sure a. A range of flexible job opportunities for older adults b. Job training opportunities for older adults who want to learn new job skills within their job or get training in a different field of work c. Jobs that are adapted to meet the needs of people with disabilities 32. Are there deficiencies in item 30-31 that are important to you? ABOUT YOU The following questions help us assess the extent to which our respondents match the demographics of Indian River County. This information will be kept confidential and only used as totals for the entire sample. D1. Are you male or female? ❑ Male ❑ Female D2. Which age group are you? ❑ 21-34 ❑ 65-80 ❑ 35-49 ❑ Over 80 ❑ 50-64 D3. What is your current marital status? 109 Livable Indian River Survey Data Report 30 110 ❑ Married ❑ Widowed ❑ Not married, living with ❑ Never married partner ❑ Divorced or separated D4. Other than you, do you have any of the following people living in your household? CHECK ALL THAT APPLY. Yes No a. Child/children under 18 .......................................... ❑ ❑ b. Child/children 18 or older ...................................... ❑ ❑ C. Child/children away at college ❑ ❑ d. ................................................................... ❑ ❑ e. relative or friend 18 or older .............. D5. What language is spoken in your home? ❑ English only ❑ English mostly ❑ Spanish only ............................... Parents Other adult ❑ ❑ ❑ English and Spanish ❑ Other, specify: D6. What is your race and/or ethnicity? [CHECK ALL THAT APPLY] ❑ White or Caucasian ❑ Black or African American ❑ American Indian or Alaska Native ❑ Asian ❑ Native Hawaiian or other Pacific Islander ❑ Other, please specify: D7. What is the highest level of education you have completed? ❑ K -12th grade (no diploma) ❑ High school graduate, GED or equivalent ❑ Post -high school education/training (no degree) ❑ 2 or 4 year college degree ❑ Post -graduate study (no degree) ❑ Graduate or professional degree(s) D8. In general, how often do you go online to access the Internet for things like email, news and information, paying bills or buying products or services? This includes access from home, 111 work, a mobile device or someplace else. ❑ Several times a day ❑ About once a day ❑ Once every few weeks ❑ Once a month or less Livable Indian River Survey Data Report 31 112 ❑ 3-6 days a week ❑ Never go online ❑ 1-2 days a week D9. What was your annual HOUSEHOLD income before taxes in the most recent tax year? Livable Indian River Survey Data Report 1 fs ❑ Less than $10,000 ❑ $10,000 to $19,999 ❑ $75,000 to $99,999 ❑ $20,000 to $29,999 ❑ $100,000 to $149,999 ❑ $30,000 to $49,999 ❑ $150,000 or more ❑ $50,000 to $74,999 D10. Please use the space below for any additional comments regarding the amenities and services in Indian River County. 114 Livable Indian River Survey Data Report 33 115 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: September 8, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Prepared By: Robert J. Tobar, EI, Utility Design Engineer Subject: Purchase Agreement between Indian River County Habitat for Humanity, Inc., and Indian River County Description and Conditions: Indian River County Habitat for Humanity, Inc., (HFH) owns a 0.24 -acre parcel located at 8685 61St Drive and a 0.25 -acre parcel located at 8695 6152 Drive, both located in Vero Beach. Staff contacted Jeffrey Francisco, Director of Outreach and Impact, to purchase the two parcels. The subject properties are vacant residential lands located on the north-east end of 61St Drive, off of County Road (CR) 510. The County's intent is to use these parcels for a lift station, which is needed for the proposed West Wabasso Phase 3A Septic to Sewer project. Indian River County Department of Utility Services (IRCDUS) obtained an appraised value of $10,000 for 8685 61" Drive and $10,000 for 8695 61St Drive. HFH obtained an appraisal of $13,000 for 8695 61St Drive. After negotiating, both parties verbally agreed to exchange 8685 61St Drive for $10,000 and 8695 61St Drive for $11,500. Included with this purchase agreement is the County paying an estimated transactional cost of $718.62. The purchase agreement ($21,500.00) and transactional costs (estimated $718.62) total $22,218.62. Funding: Funds in the amount of $22,218.62 are available in the Utilities impact fee funds, Impact Fee/West Wabasso Sewer Phase 3 account, number 472-169000-21512. Utilities impact fee funds are generated from impact fees. Account Name Account Number Amount Impact Fee/West Wabasso Sewer Phase 3 472-169000-21512 $22,218.62 Recommendation: Staff recommends the Board of County Commissioners approve the Purchase Agreement in the amount of $21,500.00, with an estimated $718.62 in transactional fees to be paid by the County for purchase of the 0.24 -acre parcel located at 8685 61St Drive, Vero Beach, FL 32967 and 0.25 -acre parcel located at 8695 61" Drive, Vero Beach, FL 32967, and authorize the Chairman to execute the purchase agreement on their behalf. Attachments: Purchase Agreement Page ilid \Vileserver2.admin.com\public\Utilities\UTILITY- Engineering\Projects - Capital Projects\20-0429 West Wabasso S2S Ph 3\Admin\BCC\Consent Item for Land Aquisition\BCC Agenda Item Habitat for Humanity Land Purchase.docx AGREEMENT TO PURCHASE, SELL, AND LEASE REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND INDIAN RIVER COUNTY HABITAT FOR HUMANITY INC THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of , 202_, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Indian River County Habitat For Humanity Inc, ("the Seller) who agree as follows: WHEREAS, Seller owns properties located at 8685 61 st Drive, Vero Beach, Florida 32967 (Parcel A) and 8695 61st Drive, Vero Beach, Florida 32967 (Parcel B). Legal descriptions of the properties are attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County contacted the Seller to purchase the parcels of approximately 0.48 acres of property as depicted on Exhibit "A", and WHEREAS, the County is currently purchasing property from willing sellers; and NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcels of real property located at 8685 61 st Drive, Vero Beach, Florida 32967 (Parcel A) and 8695 61 st Drive, Vero Beach, Florida 32967 (Parcel B) and more specifically described in the legal descriptions attached as Exhibit "A", fee simple, containing a total of approximately 0.48 acres, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Properties"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Properties shall be $21,500.00 (Twenty -One Thousand Five Hundred and 00/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 3. Title. Seller shall convey marketable title to the Properties by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility 117 easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Properties ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Properties. County shall within thirty (30) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Properties, and is the sole owner of and has good right, title, and authority to convey and transfer the Properties which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Properties, and shall record no documents in the Public Records which would affect title to the Properties, without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Properties, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 2 118 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Properties, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (d) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 7. Personal Property. 7.1 The Seller shall have removed all of its personal property, equipment and trash from the Properties. The Seller shall deliver possession of the Properties to County vacant and in the same or better condition that existed at the Effective Date hereof. 8. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. 8.1 County shall pay the following expenses at Closing: 8.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 8.1.2 Documentary Stamps required to be affixed to the warranty deed. 8.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8.2 Seller shall pay the following expenses at or prior to Closing: 119 8.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Properties. 9. Miscellaneous. 9.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 9.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.3 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: Indian River County Habitat For Humanity Inc 4568 N Us Highway 1 Vero Beach, FL 32967 If to County: Indian River County 1801 27th Street Vero Beach, FL. 32960 Attn: Land Acquisition/Andrew Sechen Either party may change the information above by giving written notice of such change as provided in this paragraph. 9.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 11 120 9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 9.7. Counterparts. This Agreement maybe executed in two or more counterparts, each one of which shall constitute an original. 9.8. County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. 121 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA INDIAN RIVER COUNTY HABITAT FOR BOARD OF COUNTY COMMISSIONERS HUMANITY, INC. Peter D. O'Bryan, Chairman Trevor J. Loomis, President Date Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy County Attorney 6 122 EXHIBIT "A" PARCEL WABASSO LOWS PARK SUB LOT 15 OR BK 268 PG 486 Commonly known as: 8685 61 st Drive, Vero Beach, FL 32967 Parcel ID Number: 31-39-29-00002-0000-00015.0 PARCEL B WABASSO LOWS PARK SUB LOT 16 OR BK 268 PG 486 Commonly known as: 8695 61 st Drive, Vero Beach, FL 32967 Parcel ID Number: 31-39-29-00002-0000-00016.0 123 ':OF Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: September 1, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Prepared by: Harrison Youngblood, PE, Utilities Engineer, Utility Services Subject: 66th Avenue Phase II Roadway Improvements — Utility -Related Work Background: Indian River County is in the design phase of upgrading 66th Avenue from 69th Street to 85th Street, which is the last phase of the project. In order to plan for future developments in the area, coupled with reduced impact to the current utilities along that corridor of road, a redesign of the utility adjustments would be required. Analysis: The Indian River County Department of Utility Services (IRCDUS) desires to design and permit utility extensions/stub-outs and conflict resolutions between the existing underground utilities and the proposed storm drainage and roadway improvements associated with the 66th Avenue Phase II Roadway Widening project. The anticipated utility relocations associated within the project limits include approximately 500 linear feet of 4" force main relocation, four (4) 16" water main deflections in conflict with the proposed storm drainage, one (1) fire hydrant adjustment to final grade, three (3) fire hydrant relocations from the proposed roadway widening, a 12" water main stub out at the northeast corner of 81" Street and 66th Avenue, and a water main stub out at Liberty Park. The proposed utility improvements will be submitted to the county for review and comment at constructability (60%), biddability (90%), and production (100%) design submittal stages. Funding: Funds in the amount of $21,500.00 for this project are accounted for in the Utilities/66th Ave Utility Relocations account, number 471-169000-22516, which are derived from the Utilities operating fund balance. Utilities operating funds are derived from water and sewer sales. Description Account Number Amount Utilities/66th Ave Utility Relocations 471-169000-22516 $21,500.00 Recommendation: Staff recommends that the Board of County Commissioners authorize the work order for Kimley-Horn & Associates to perform the utility adjustments design for the amount of $21,500, and authorize the Chairman to sign on their behalf. Attachment: 1. Work Order No. 55 KHA Page 1f4 PROPOSAL FOR 66th Avenue Phase II Utility Adjustments This Work Order Number 55 is entered into as of this day of 2022, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and KIMLEY-HORN AND ASSOCIATES, INC. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. SCOPE OF WORK 66th Avenue Phase II Utility Adjustments - The COUNTY desires to design and permit utility extensions/stub-outs and conflict resolutions between the existing underground COUNTY utilities and the proposed storm drainage and roadway improvements associated with the 661h Avenue Phase II Roadway Widening project. The Consultant proposes the following services to accommodate the COUNTY's request: (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 1 of 6 125 Work Order No. 55 6611 Avenue Phase II Utility Adjustments A. Utility Relocation Plans: The following are the anticipated utility relocations associated within the project limits: • Approximately 500 linear feet of 4" force main relocation • Four (4) 16" water main deflections in conflict with the proposed storm drainage • One (1) fire hydrant adjustment to final grade • Three (3) fire hydrant relocations from the proposed roadway widening • A 12" water main stub out at the northeast corner of 81s' Street and 66th Avenue • Water main stub out at Liberty Park — Consultant to coordinate with Liberty Park Engineer The Utility Relocation Plans shall consist of: • The utility plan sheets will be drawn at a scale of 1" = 40' prepared on 11" x 17" sheets. • All quantities shall reference FDOT Pay Item Numbers. • All specifications shall reference the FDOT Specifications for Road and Bridge Construction and/ or Indian River County Utility Standards. Any deviations or special specifications not included in specifications will be provided in the Technical Specifications. The proposed utility improvements will be submitted to the COUNTY for review and comment at Constructability (60%), Biddability (90%) and Production (100%) design submittal stages. Review submittals will consist of three (3) hard copies of utility plans along with an opinion of probable construction cost. Page 2 of 6 126 Work Order No. 55 66" Avenue Phase II Utility Adjustments B. Utility Permit: To support the above described utility improvement, the Consultant will prepare and submit a Florida Department of Environmental Protection (FDEP) General Permit for Constructing a Domestic Wastewater Collection/Transmission System. Permit agency coordination assumes one (1) request for additional information (RAI) to be received from FDEP associated with the applications. The Consultant has included the $250 FDEP General Permit for Constructing a Domestic Wastewater Collection/Transmission System application fee within the work order fee. The Final Deliverables for the project will consist of: • FDEP General Permit for Constructing a Domestic Wastewater Collection/Transmission System • (2) Signed & Sealed hardcopies of the design plans • Electronic PDF copy of plan set • AutoCAD dwg files of the topographic survey and design improvements (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 3 of 6 127 Work Order No. 55 6611 Avenue Phase II Utility Adjustments FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Labor Fee Utility Relocation Plans $ 18,000 Utility Permits $ 3,500 Project Total $21,500 (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 4 of 6 128 Work Order No. 55 66t1 Avenue Phase II Utility Adjustments TIME SCHEDULE Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately five (5) months from the Notice to Proceed (NTP). NTP contingent upon BOCC approval Constructability Submittal (60% Design Drawings) 2 months following NTP Permit Submittal 3 months following NTP Biddability Submittal (90% Design Drawings) 3 months following NTP Production Submittal (100% Design Drawings) 4 months following NTP (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 5 of 6 129 Work Order No. 55 661h Avenue Phase II Utility Adjustments IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS KIMLEY-HORN AND ASSOCIATES, OF INDIAN RIVER COUNTY INC. By: By: Brian Good, P.E. Peter D. O'Bryan, Chairman Title: Senior Vice President BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney Page 6 of 6 130 �G INDIAN RIVER COUNTY, FLORIDA CONSENT MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: David Johnson, Director Department of Emergency Services FROM: Ryan Lloyd, EM Coordinator Department of Emergency Services/Emergency Management DATE: September 14, 2022 SUBJECT: Acceptance and Approval of Expenditures of Emergency Management Program Grant (EMPG) Federally -Funded Subgrant Agreement Agreement Number: G0371 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 (G0371) is $79,414.00. EMPG allowable costs are divided into the following categories as referenced in the 2021-2024 Emergency Management Strategic Plan: organizational, planning, training, exercise & equipment. 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 October 1, 2022 through September 30, 2023. The state recognizes line -item changes may occur after execution of the contract (i.e. due to cost savings or reprioritization by the Florida Division of Emergency Management (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. 131 FUNDING: Funds in the amount of $79,414 will be spent out of the General Fund/Emergency Management/EMPG account, 00120825. The full breakdown of use of funds are as follows: Item Amount Account Number Account Desc. Software Services (Annual recurring costs - "Sole Source") • WebEOC (Juvare-ESI Acquisition, Inc.) • Mobile A QuickSeries) $34,140 00120825-035120-05050 Computer Software Travel to emergency management conferences $4,969 00120825-034020-05050 All Travel Registration fees for emergency management conferences $1,305 00120825-035430-05050 Tuition/Registration Emergency Management Vehicle $30,000 00120825-066420-05050 Automotive Salary and Benefits $9,000 00120825-011120-05050 Regular Salaries TOTAL $79,414 RECOMMENDATION: Staff recommends approval of the EMPG Federally -Funded Subgrant Agreement (G0371), 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. Two (2) Original Copies of EMPG Agreement (G0371) 2. IRC Grant Form 132 Agreement Number: G0371 FEDERALLY -FUNDED SUBAWARD GRANT AGREEMENT EMERGENCY MANAGEMENT PERFORMANCE GRANT 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, Florida (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 sub -award. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. 2 C.F.R. §200.1 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. §200.1, "pass-through entity" means "a non -Federal entity that providesa subaward to a Sub -Recipient to carry out part of a Federal program." C. As defined by 2 C.F.R. §200.1, "Sub -Recipient" means "an entity, usually but not limited to non -Federal entities, that receives a sub -award from a pass-through entity to carry out part of a federal program." D. As defined by 2 C.F.R. §200.1, "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. §200.1, "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 Scope of Work (Attachment A) and Proposed Budget Detail Worksheet (Attachment A (2)), of 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, Statement of Assurances. In addition, section 215.971, Florida Statutes applies to this Agreement because 2 C.F.R. §200.302(a) 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 October 01, 2022, and will end on September 30, 2023, unless terminated earlier in accordance with provisions of this Agreement, including, but not limited toParagraph (12) TERMINATION, of this Agreement. 133 (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 $79,414.00 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 ninety (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." (5) REPORTS Sub -Recipient 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 thirty (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. 2 134 (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 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 Proposed Budget Detail Worksheet (Attachment A (2)) and Scope of Work (Attachment A). (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 H, 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, and 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: Contractor is bound by all applicable State and Federal law and regulations; 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 C, Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion to this Agreement. 135 (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. (c) As defined in section 200.310 Insurance Coverage: The non -Federal entity must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to property owned by the non -Federal entity. Federally -owned property need not be insured unless required by the terms and conditions of the Federal award. 4 136 (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 thirty (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 thirty (30) calendar days written notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty (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 thirty (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; (e) Exercise any corrective or remedial actions, to include but not be limited to: 137 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; (f) 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 thirty (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 thirty (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. (d) In the event 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. 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. 138 (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 200.327 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)(1) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(a)(2), 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 fifteen (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 seven (7) business days. Consistent with 2 C.F.R. §200.325, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.327 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 seven (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: Terminate this Agreement in accordance with the provisions outlined in Paragraph (12) above; and, solicitation. Refuse to reimburse the Sub -Recipient for any costs associated with that 7 139 (e) Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a)(1) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(a)(2), 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 seven (7) business days. Consistent with 2 C.F.R. §200.325, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.327 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 seven (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 (12) above; and, 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, the Sub -Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition." Accordingly, the Sub -Recipient shall not: 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; 140 equivalent; 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 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(c), 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(b)(1) as well as section 287.057(1)(a), Florida Statutes. (k) The Sub -Recipient shall conduct any procurement involving requests for proposals (i.e. proposals) in accordance with 2 C.F.R. §200.320(b)(2) as well as section 287.057(1)(b), Florida Statutes. (1) FEMA has developed helpful resources for Sub -Recipients when procuring with federal grant funds because Sub -Recipients must comply with the Federal procurement standards outlined in 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. These resources are generally available at https://www.fema.gov/procurement-disaster-assistance-team. FEMA periodically updates this resource page so please check back for the latest information. While not all the provisions discussed in the resources are applicable to this subgrant agreement, the Sub -Recipient may find these resources helpful when drafting its solicitation and contract for compliance with the Federal procurement standards outlined in 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. FEMA provides the following hands-on resources for Recipients of federal funding: 2018 PDAT Procurement Compliance Checklist for Public Assistance Applicants available at https://www.fema.gov/media-library-data/l569959172327- 92358d63e00dl7639d5db4de015184c9/PDAT ProcurementChecklist 11-21-2018.pdf 2019 PDAT Contract Provisions Template available at https://www.fema.gov/media-library-data/1569959119092- 92358d63e00dl7639d5db4de015184c9/PDAT ContractProvisio nsTem plate 9-30-19.pdf M 141 (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 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 — Certification Regarding Lobbying Attachment H- DHS Civil Rights Evaluation Tool Attachment I — Reporting Forms 10 142 (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 Newarsa Edwards FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 815-4340 (c) The name and address of Division's Programmatic Reviewer for this Agreement is: Programmatic Point of Contact Linda McWhorter FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 815-4301 linda.mcwhortereem.mvflorida.com (d) The name and address of Representative of the Sub -Recipient responsible for the administration of this Agreement is: Name: Title Address: Phone: (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 - 11 143 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 (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 thirty (30) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub - 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 Sub -Recipient shall submit its closeout report within thirty (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 thirty (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 12 144 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 seg.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. (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 thirty-six (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: 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 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 13 145 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. Q) 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 1324(a) [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. (1) 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 14 146 his or her knowledge and belief: 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. 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, 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. If this subgrant agreement amount is $100,000 or more, the Sub - Recipient, and subcontractors, as applicable, shall sign Attachment L — Certification Regarding Lobbying. (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 15 147 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 thirty (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 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) STATEMENT OF 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. §200.337, 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 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 16 am 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. §200.334, 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 3 years from the date of submission of the final expenditure report. The following are the only exceptions to the 3 -year requirement: i. If any litigation, claim, or audit is started before the expiration of the 3 -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 3 -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). (d) In accordance with 2 C.F.R. §200.335, 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. §200.336, 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. 17 149 (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 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 is 150 Shumard Oak Boulevard, Tallahassee, FL 32399. (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 applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other 19 151 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 (i) and the provisions of paragraphs (i) through (viii) 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 20 152 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. (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 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor 21 153 must be requiredto 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 suppliesor 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 ofthe 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. part 180 and 2 C.F.R. part 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. part 180, subpart C and 2 C.F.R. part 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. part 180, subpart C and 2 C.F.R. part 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. part 180, subpart C and 2 C.F.R. part 3000, subpart C while thisoffer 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 22 154 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. If the Sub -Recipient enters into a contract with a subcontractor for an award of $100,000 or more, the subcontractor shall sign Attachment L — Certification Regarding Lobbying. (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: 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. 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. 23 155 (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"). 24 156 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: INDIAN RIVER COUNTY By: (Name and Title) Date: Federal Identification Number UEID/SAM Number G0371 Agreement Number STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT M Kevin Guthrie, Division Director Date: 25 157 FY 2022-2023 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 -Recipient's may have related to the grant. Sub -Recipient's 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 -Recipient's 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. 26 158 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. §200.1, 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. §200.1, 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 thirty (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)(1), 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 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: hftp://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: 27 159 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 thirty (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 sixty (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 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)). 28 160 FY 2022 - 2023 EMPG AGREEMENT EXHIBIT 2 — FUNDING SOURCES II. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Federal Program: 1. 2 C.F.R. Part 200, Uniform Administrative Requirements for Federal Awards 2. Appendix "H", FEMA Preparedness Grants Manual, FEMA Grant Program Directorate, dated May 212 3. The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year (FY) 2022 Emergency Management Performance Grant Program (EMPG) 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 ASSISTANCE LISTINGS NUMBER: 97.042 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: N/A 29 161 FY 2022 - 2022 EMPG AGREEMENT EXHIBIT 3 - SINGLE AUDITS AUDIT COMPLIANCE CERTIFICATION Email a copy of this form at the time of agreement submission to the Division at: DEMSingle Audit(cD-em.mvflorida.com. Recipient: Indian River County 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 federal awards (from Division and all other sources of federal awards 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 31 162 FY 2022 - 2023 EMPG AGREEMENT ATTACHMENT A — SCOPE OF WORK GENERAL POLICY The Emergency Management Performance Grant (EMPG) provides county emergency management agencies with funding to build or sustain capabilities required for implementation of the National Preparedness System (NPS) and to support the National Preparedness Goal (NPG) of a secure and resilient nation. Based on Florida's self-assessment of the Stakeholders Preparedness Review (SPR) and other relevant sources, the below core capabilities were identified as priorities to address capability gaps across the State: • Planning • Public Information and Warning • Operational Coordination • Economic Recovery • Cybersecurity Grant funds under this program may be charged to one of the below listed activities: • Planning • Organization • Equipment • Training • Exercise • Management and Administration TASK(S) AND DELIVERABLE(S): The Sub -Recipient must successfully complete the following tasks and deliverables throughout the period of performance. TASK 1: GRANT REQUIREMENTS A. QUARTERLY MATCH Federal funds provided under the EMPG agreement shall be matched by the Sub -Recipient dollar -for -dollar totaling the award amount. The Sub -Recipient needs to show it is meeting the match requirement for the total award amount; the match costs do not need to be broken down or assigned to individual projects. 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. Emergency Management and Preparedness Assistance (EMPA) base grant funds may be used by the Sub -Recipient as match for EMPG funding. To demonstrate successful completion of task 1A for Quarters 1-4, the Sub -Recipient must submit the following items in the Division's Salesforce system: DELIVERABLES • Provide Quarterly Match Form 3A to identify the non-federal match amount. • If using EMPA as match, no additional supporting documentation is required. • Supporting documentation is required if the federal obligation exceeds the EMPA award amount or you are using other non -Federal funds (such as local general revenue) to satisfy the match requirement. 31 163 Reporting Requirements. Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due Deliverables Due Deliverables Due Deliverables Due Supporting Documentation: For non-EMPA funds used as match, the following documents are required to satisfy the deliverable: 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 forth at quarter. B. ENSURING THE PROTECTION OF CIVIL RIGHTS In accordance with civil rights laws and regulations, Sub -Recipients must ensure the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment. Sub -Recipients must complete the Civil Rights Evaluation tool within thirty (30) days of receipt of Award. Sub -Recipients are not required to complete and submit this tool to the Department of Homeland Security (DHS). To demonstrate successful completion of task 1 B for Quarters 1, the Sub -Recipient must submit the following items in the Division's Salesforce system: DELIVERABLES • Complete and submit the Civil Rights Evaluation tool (CivilRightsEvaluation(Dhg.dhs.gov) to include supporting materials within thirty (30) days of receipt of the award (November 1, 2022). Reporting Requirements: Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due N/A NIA N/A Supporting Documentation: Civil Rights Evaluation Tool CivilRightsEvaluation(aD-hg.dhs.gov and supporting materials. TASK 2: IMPLEMENTATION OF THE NATIONAL PREPAREDNESS SYSTEM 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 through 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 have achieved or are working towards achieving NIMS implementation objectives. All Sub -Recipients must complete and submit the NIMS Data Collection Worksheet—Local annually. To demonstrate successful completion of task 2A for Quarter 1, the Sub -Recipient must submit the following item in the Division's Salesforce system: DELIVERABLES • The Sub -Recipient shall complete the annual NIMS Data Collection Worksheet —Local, provided by the Preparedness Bureau, in the month of September, must be uploaded into Salesforce by December 01, 2022. 32 164 Reporting Requirements: Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due N/A N/A N/A Supporting Documentation: The NIMS Data Collection Worksheet_ Local. B. OPERATIONAL COORDINATION The EMPG grant program supports the building or sustainment of core capabilities across the five mission areas that are necessary to prepare for incidents that pose the greatest risk to the State of Florida. Effective operational coordination results from the establishment and maintenance a unified and coordinated operational structure and process that appropriately integrates all critical stakeholders and supports the execution of Core Capabilities. Sub -Recipients must engage with whole community stakeholders, on a quarterly basis; either by participating in regional meetings of existing multi -agency organizations (i.e., Regional Domestic Security Task Forces, Local Emergency Planning Committees, Regional Health Care Coalitions, Local Voluntary/Community Organizations Active in Disaster) or by hosting/conducting meetings with whole community stakeholders. To demonstrate successful completion of task 2B for Quarters 1-4, the Sub -Recipient must submit the following items in the Division's Salesforce system: DELIVERABLES • Provide proof of participation by a representative of the Sub -Recipient in quarterly meetings with whole community stakeholders (i.e., fire, law enforcement, health and health care coalitions, public works, public and private sector, and Volunteer Organizations). EMPG funded personnel are encouraged to participate in these meetings. Reporting Requirements Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due Deliverables Due Deliverables Due Deliverables Due Supporting Documentation: Provide proof of participation by a representative of the Sub -Recipient in quarterly meetings with whole community stakeholders to include sign -in sheets, agendas, and meeting minutes (for meetings hosted/conducted by the Sub -Recipient). C. PUBLIC INFORMATION AND WARNING The Integrated Public Alert & Warning System (IPAWS) is FEMA's national system for local alerting that provides authenticated emergency and life-saving information to the public through mobile phones using Wireless Emergency Alerts, to radio and television via the Emergency Alert System, and on the National Oceanic and Atmospheric Administration's Weather Radio. the Sub -Recipient must provide proof of current executed IPAWS Memorandum of Agreement (MOA) and a copy of the signed IPAWS Rules of Behavior forms for each authorized user given access to send IPAWS messages for the county. To demonstrate successful completion of task 2C for Quarter 4, the Sub -Recipient must submit the following items in the 33 165 Division's Salesforce system: DELIVERABLES • The Sub -recipient shall upload their updated FEMA IPAWS County executed MOA and, • Signed IPAWS Rules of Behavior forms for each authorized user given access to send IPAWS messages for the county. into Salesforce no later than August 30, 2023. Reporting Requirements Quarter 1 Quarter 2 Quarter 3 Quarter 4 N/A N/A NA Deliverables Due Supporting Documentation: Submission of executed IPAWS County MOA and Signed IPAWS Rules of Behavior forms for each authorized user given access to send IPAWS messages for the county. TASK 3: TRAINING AND EXERCISE A. INTEGRATED PREPAREDNESS PROGRAM (IPP) The Sub -Recipient shall develop and maintain an Integrated Preparedness Program (IPP) that identifies a combination of training and exercise activities that address preparedness priorities and capability gaps based on planning efforts, hazard and risk assessments, and exercise/incident after -action reviews (AARs). The use of an Integrated Preparedness Program Workshop (IPPW), where whole community stakeholders are invited to assess plans, hazards/risks, and AARs; and can identify capability gaps and preparedness priorities is essential to the development and maintenance of an IPP. The State of Florida uses the IPPW process to synchronize local IPP's into a statewide IPP. Sub -Recipients shall have a representative participate in their Regional IPPW, and EMPG funded personnel are encouraged to attend. To demonstrate successful completion of task 3A for Quarter 2, the Sub -Recipient must submit the following items in the Division's Salesforce system: DELIVERABLES Quarter 2 • Submit the County 2024-2026 IPP by January 10, 2023, in Salesforce. • Proof of participation by a representative of the Sub -Recipient in the appropriate Regional IPP Workshop (IPPW). EMPG funded personnel are encouraged to attend. — o Region 1 February 9, 2023 Fort Walton Beach o Region 2 February 7, 2023 Havana o Region 3 January 26, 2023 Gainesville o Region 4 January 20, 2023 Largo o Region 5 January 25, 2023 Kissimmee o Region 6 January 19, 2023 Sarasota o Region 7 January 24, 2023 Doral Reporting Requirements: Quarter 1 Quarter 2 Quarter 3 Quarter 4 NA Deliverables Due NA NA Supporting Documentation: Submission of IPP in Salesforce not later than January 10, 2023, and proof (i.e. sign -in sheet) of participation by a representative of the Sub -Recipient, including any EMPG funded personnel, in the appropriate Regional IPP Workshop (IPPW). 34 166 B. TRAINING All EMPG funded personnel must complete eitherthe NIMS Independent Study courses and the Professional Development Series, or the FEMA National Emergency Management Basic Academy delivered either by EMI or at a sponsored state, local or other designated location. • NIMS Training, Independent Study: IS100, IS200, IS 700, and IS800, and • Professional Development Series (PDS) or Emergency Management Professionals Program (EMPP) Basic Academy. To demonstrate successful completion of task 3B for Quarters 1-4, the Sub -Recipient must submit the following items to the Division's Salesforce system: DELIVERABLES • The Division Form 4 - Staffing Detail for all EMPG funded personnel. • Training verifications for EMPG funded personnel listed on the Division Form 4 —will be provided by the FDEM Training and Exercise (T&E) Unit to the FDEM Grant Management Staff. Reporting Requirements Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due Deliverables Due Deliverables Due Deliverables Due NOTE: Additional course completion documentation is required only if new personnel are listed on the Staffing Detail Form. C. VALIDATING CAPABILITIES THROUGH EXERCISE Exercises play a vital role in preparedness by testing capabilities, familiarizing emergency management personnel with role and responsibilities, fostering meaningful interaction and communicating 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. To demonstrate successful completion of task 3C for Quarter 2-4, Sub -Recipients shall have a representative participate in a minimum of three (3) exercises during the agreement period. All EMPG funded personnel are encouraged to participate in a minimum of three (3) exercises during the agreement period. submit the following item to the Division's Salesforce system: DELIVERABLES • Sub -Recipient must provide sign -in sheets for exercise in which EMPG funded personnel participated. Reporting Requirements Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due (Not required if completed Deliverable Accepted Deliverables Due Deliverables Due in Q 1-3) Supporting Documentation: Submission of sign -in sheets for exercises in which EMPG funded personnel, participated. 35 167 FY 2022 - 2023 EMPG AGREEMENT ATTACHMENT A (1) ALLOWABE COSTS AND ELIGIBLE ACTIVITIES — BUDGET DIRECTIONS I. CATEGORIES AND ELIGIBLE ACTIVITIES The 2021 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. 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) • Service/Maintenance agreements (provide vendor debarment and service agreement for contractual services) • Office Supplies/Materials 36 -R, • 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: hftp://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). 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. 37 169 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. 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. As defined in section 200.310 Insurance Coverage: The non -Federal entity must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to property owned by the non -Federal entity. Federally -owned property need not be insured unless required by the terms and conditions of the Federal award. 38 170 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 IPP developed through an annual Integrated Preparedness Program Workshop (IPPW). 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 IPP, 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 Basic Academy Professional Development Series 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 IS -700 (any version) National Incident Management Management System (NIMS)-An Introduction IS -235.b Emergency Planning IS -800 (any version) National Response OR Framework, An Introduction IS -240.b Leadership and Influence IS -230.d Fundamentals of Emergency Management IS -241.b Decision Making and E/L101 Foundations of Emergency Problem Solving Management IS -242.b Effective Communication E/1_102 Science of Disasters E/L103 Planning Emergency Operations IS -244.b Developing and Managing Volunteers 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 • 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 39 171 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 Integrated Preparedness Program (IPP) 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 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. 40 172 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. 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. 41 173 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 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. 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 Integrated Preparedness Program (IPP) developed through an annual Integrated Preparedness Program Workshop (IPPW). 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 42 174 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 Sub -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. 43 175 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). 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 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 - Recipient's 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. 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. 44 176 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 gpdehpinfoCuD-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 Statutes; 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. 45 177 E. FINANCIAL CONSEQUENCES If a recipient fails to comply with the terms and conditions of the State award, the Division may terminate the award in whole or part. If the noncompliance can be corrected, the Division may first attempt to direct the recipient to correct the noncompliance. This may take the form of a Compliance Notification. If the noncompliance cannot be correct or the recipient is nonresponsive, one or more of the following stepsmay be taken: (1) Temporarily withhold payments pending correction of the deficiency by the recipient. (2) Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. (3) Wholly or partly suspend or terminate the award. (4) Take other remedies that may be legally available. we 178 FY 2022 - 2023 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 AGREEMENT: G0371 1. PLANNING $ 2. ORGANIZATION $ 3. EQUIPMENT $ 4. TRAINING $ 5. EXERCISE $ 6. MANAGEMENT AND ADMINISTRATION $ 7. TOTAL AWARD $79,414.00 FY 2021-2022 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 Supplies Travel/per diem related to planning activities TOTAL PLANNING EXPENDITURES $ Allowable Organization Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits 47 ftt Utilities (electric, water and sewage) Service/Maintenance agreements Supplies/Materials 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 Salaries and Fringe Benefits Develop, Deliver Training Workshops and Conferences M" i so Certification/Recertification of Instructors Travel Supplies Overtime and Backfill TOTAL TRAINING EXPENDITURES $ Allowable Exercise Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits 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 TOTAL MANAGEMENT AND ADMINISTRATION EXPENDITURES TOTAL EXPENDITURES $79,414.00 REVISION DATE: 49 UI FY 2022 - 2022 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 December 31, March 31, June 30 and September30. Reporting Period Report due to Division no later than October 1 through December 31 January 30 January 1 through March 31 April 30 April 1 through June 30 July 30 July 1 through September 30 October 30 A. The Quarterly Tasks Form 1 B 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 H, 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 sixty (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). D. An administrative closeout may be conducted when a recipient is not responsive to the Division's reasonable efforts to collect required reports, forms, or other documentation needed to complete the standard award and/or closeout process. FDEM will make three written attempts to collect required information before initiating an administrative closeout. If an award is administratively closed, FDEM may decide to impose remedies for noncompliance per 2 C.F.R. § 200.338, consider this information in reviewing future award applications, or apply special conditions to existing or future awards. 911 182 FY 2022 - 2023 EMPG AGREEMENT ATTACHMENT B JUSTIFICATION OF ADVANCE PAYMENT SUB -RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line -item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS Fiscal Year 2022 Anticipated Expenditures for (List applicable line items) First Three Months of Contract For example ADMINISTRATIVE COSTS: 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 butis not limited to the following: quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) *REQUESTS FOR ADVANCE PAYMENTS WILL BE CONSIDERED ON A CASE-BY-CASE BASIS* Signature of Sub-Recipient/Subcontractor's Authorized Official Date: Name and Title of Sub-Recipient/Subcontractor's Authorized Official 51 183 FY 2022 — 2023 EMPG AGREEMENT ATTACHMENT C CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Sub -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 Sub -Recipient 's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Name and Title Street Address City, State, Zip Date Sub -Recipient's Name Division Contract Number Project Number 52 FY 2022 - 2023 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. Sub -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 Sub -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 Sub -Recipient. All bids or offers may be rejected when it is in the Sub -Recipient's interest to do so. 53 185 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 Sub -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 ( ), except for designated holidays. Licensing and Permitting All subcontractors or employees hired by the Sub -Recipient shall have all current licenses and permits required for all the particular work for which they are hired by the Sub -Recipient. 54 FY 2022 - 2023 EMPG AGREEMENT ATTACHMENT E STATEMENT OF ASSURANCES The Sub -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 2 C.F.R. Part 200, 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 (54 USC § 300101, formerly cited as 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 forinclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R. § 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 55 187 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 C.F.R. applicable to grants and cooperative agreements including Part18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality ofldentifiable 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, 34 U.S.C. § 10227 (formerly cited as 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 C.F.R. Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 C.F.R. 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 U.S.C. § 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 41 U.S.C. § 8103.28 CFR Part 67, Subpart F, for grantees, as defined at 28 C.F.R.Part 67 Sections 67.615 and 67.620. 56 188 FY 2022 - 2023 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 following is a list of sample provisions from Appendix II to 2 C.F.R. Part 200 that may be required:' 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, 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 CFR 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 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 ' For example, the Davis -Bacon Act is not applicable to other FEMA grant and cooperative agreement programs, including the Public Assistance Program or Hazard Mitigation Grant Program; however, sub - recipient may include the provision in its subcontracts. 57 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. 7401-7671 q.) 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. 7401-7671 q) 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) 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. (1) 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. (J) See § 200.323 Procurement of recovered materials. (K) See §200.216 Prohibition on certain telecommunication and video surveillance services or equipment. (L) See §200.322 Domestic preferences for procurements (Appendix 11 to Part 200, Revised Eff. 11/12/2020). FEMA created the 2019 PDAT Contract Provisions Template to assist non -Federal entities. It is available at https://www.fema.gov/media-library-data/1569959119092- 92358d63e00d17639d5db4de015184c9/PDAT ContractProvisionsTemplate 9-30-19.pdf. Please note that the sub -recipient alone is responsible for ensuring that all language included in its contracts meets the requirements of 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix ll. 58 190 FY 2022 - 2023 EMPG AGREEMENT ATTACHMENT G CERTIFICATION REGARDING LOBBYING Check the appropriate box: ❑ This Certification Regarding Lobbying is required because the Contract, Grant, Loan, or Cooperative Agreement will exceed $100,000 pursuant to 2 C.F.R. Part 200, Appendix II(I); 31 U.S.C. § 1352; and 44 C.F.R. Part 18. ❑ This Certification is not required because the Contract, Grant, Loan, or Cooperative Agreement will be less than $100,000. APPENDIX A, 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 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. The Sub -Recipient or subcontractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Sub-Recipient/subcontractor's Authorized Official Name and Title of Sub-Recipient/subcontractor's Authorized Official Date 59 191 FY 2022 - 2023 EMPG AGREEMENT ATTACHMENT H REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - BASE GRANT 2022-2023 EMPG REPORTING FORMS 2022-2023 QUARTERLY REPORTING FORMS QUARTERLY REPORTS INCLUDE: DIVISION Form 1A - Quarterly Financial Report, DIVISION Form 1B - Quarterly Tasks, DIVISION Forms 2A & 2B Detail of Claims, DIVISION Form 3A -Quarterly Match, DIVISION Form 4 -Staffing Detail and DIVISION Form 5- Closeout Report. '1. These forms are to be submitted to the Division each quarter. 2. Complete Division Form 1A - Quarterly Financial Report by entering all information needed to support the claim for reimbursement, sign and date. Include a descriptive narrative outlining quarterly progress, events, delays in the section provided. 3. Complete Division Form 1B - Quarterly Tasks to support that deliverables and tasks are being completed as required throughout the period of performance, sign and date. 4. The Division Form 2A - Detail of Claims & Division Form 2B - Detail of Claims (Salaries & Fringe) forms must accompany the Division Form 1A - Quarterly Financial Report each quarter. 5. The Division Form 1A - Quarterly Financial Report form must be signed by the grant manager or someone with equal authority. 6. Deliverables and Claims for reimbursement may be submitted via Salesforce or by email to the appropriate Division Grant Manager according to applicable region. FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Attn: (Division Grant Manager) Division Form 3A - Quarterly Match: ' 1. The Division Form 3A - Quarter Match Form shall be submitted to the Division each quarter to identify non-federal match amount. The Sub -Recipient must provide supporting documentation of matching funds (i.e. invoices, cancelled checks, credit card statements, earning statements, paystubs, etc.), if using funds other then EMPA expenditures claimed for reimbursement. Cost - matching requirements shall be in accordance with 2 C.F.R. part 200.306. Match contributions must be verifiable, reasonable, allowable, allocable, and necessary under the grant program and must comply with applicable Federal requirements and regulations. Division Form 4 - Staffing Detail: ' 1. List EMPG funded Emergency Management Agency staff. Provide a total anticipated annual amount of Salaries and Benefits to be paid for each position. This form is due with Quarter 1 submission or no later than January 30, 2023, whichever occurs first. Please provide the Division updates to this form as necessary. 2. Along with the Division Form 4 - Staffing Detail, please provide position descriptions for EMPG funded staff. 3. Along with the Division Form 4- Staffing Detail, please provide documented policies for any fringe benefits, incentives or special pay to be claimed through the grant. Division Form 5 - Close Out Report: 1. The Division Form 5 - Close Out Report is due within sixty (60) days after the period of agreement ends. The 2022-2023 EMPG agreement has a match requirement of Dollar for Dollar of the total award amount. If the the EMPG award is matched with EMPA and/or are less than the EMPA award, no additional back-up/supporting documentation is needed to be provided to the Division. However, if the EMPG award exceeds the EMPA award, or if the Sub -Recipient is not using EMPA expenditures for match, the appropriate back-up/supporting documentation shall be provided to the Division along with the Form 5 - Close Out Report (i.e. invoices, reciepts, cancelled checks, credit card and bank statements, earning statements, paystubs, etc.). 2. The agreement cannot be considered closed until the Division Form 5 - Close Out Report has been received and approved by the Division. Required documentation to support project expenditures: 1. Sub -Recipients shall maintain a grant/financial file with copies of supporting documentation for all paid project/program expenditures claimed during the grant period. Documentation of expenditures claimed for reimbursement through the grant will be reviewed and verified by Division staff. Acceptable documentation includes copies of purchase orders and paid vouchers, paid invoices or cancelled checks and paystubs, journal transfers, credit card and bank statements, etc. These documents should be submitted when requesting reimbursement. 2. All claims for reimbursement shall be submitted on the approved Division Quarterly Financial Reporting forms. Claims not submitted on the proper forms or that are unsupported by proper documentation will not be processed and will be returned for additional support. 3. Please ensure that the documentation submitted for review is legible. 4. Please verify form calculations for accuracy before submitting to the Division for review each quarter. M 192 FY 2022 - 2023 EMPG AGREEMENT ATTACHMENT H REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2022-2023 EMERGENCY MANAGEMENT PERFORMANCE GRANT - EMPG BASE GRANT AGREEMENT #: AWARD AMOUNT: SUB -RECIPIENT: COUNTY: ADDRESS: POINT OF CONTACT: PHONE/EMAIL: DIVISION FORM 1A - QUARTERLY FINANCIAL REPORT CLAIM #: 1 QUARTER #: 1 REPORTING FORMS DUE DATES (30 DAYS AFTER QUARTER) 1 - October 1 - Dec. 31, 2022 (Forms are due no later than January 30) 2 - January 1 - March 31, 2023 (Forms are due no later than April 30) 3 - April 1 -June 30, 2023 (Forms are due no later than July 30) 4 - July 1 - Sep. 30, 2023 (Form are due no later than October 30) EMPG ALLOCATION CATEGORIES BUDGETED ALLOCATIONS Q1 CLAIM Q2 CLAIM Q3 CLAIM Q4 CLAIM CUMULATIVE EXPENDED FUNDS REMAINING BALANCE 1. PLANNING $0.00 $0.00 $0.00 2. ORGANIZATION $0.00 $0.00 $0.00 3. EQUIPMENT $0.00 $0.00 $0.00 4. TRAINING $0.00 $0.00 $0.00 5. EXERCISE $0.00 $0.00 $0.00 6. MGMTANDADMIN(upto 5114 $0.00 $0.00 $0.00 TOTAL $0.00 $0.00 r $0.00 r $0.00 r $0.00 $0.00 $0.00 AMOUNT OF REIMBURSEMENT FOR THIS CLAIM: "By signing this report, I certify to the best of my know ledge 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 terns and conditions of the Federal aw ard. I am aw are that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject rte to criminal, civi or administrative penalties for fraud, false statements, false claims or otherw ise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)" SIGNATURE: AUTHOR= RFPRFSENTATIVE DATE QUARTERLY STATUS REPORT Please report EM activities. meetingstrainina. exercises. or other necessary information to su000rt ouarterly orooression. THE SECTION BE AWARD AMOUNT PRIOR CLAIMS THIS CLAIM AMOUNT BALANCE OF AWARD 61 DIVISION DATE RECEIVED STAM P 193 FY 2022 - 2023 EMPG AGREEMENT ATTACHMENT H REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2022-2023 EMERGENCY MANAGEMENT PERFORMANCE GRANT- EMPG BASE GRANT DIVISION FORM 1 B - QUARTERLY TASKS SUB -RECIPIENT: QUARTER: EMPG Emergency Management Personnel EM Funded Stag Name & Position Trtle DELIVERABLES/TASK REQUIREMENTS T1 (A): Quarterly Match: Submit Division Form 3A - Qua Match to identify the non-federal match amount. For thot recipients using local funds, supporting documentation it required with the form to support match amount reported Q1-04) TI (B): Ensuring the Protection of Civil Rights: Complete submit the Civil Rights Evaluation tool Ci�ilRightsEwluation@hq.dhs.gov Form (Attachment H) include supporting materials within thirty (30) days of rec the Notice of Award (November 1, 2022) for the first aw under which this term applies. (Due 01) T2 (A): National Incident Management System: NIMS Da Collection Worksheet Local, provided by the Pmparedn, Bureau in the month of September, must be submitted It Salesforce by December 1, 2022 to the Bureau Chief of Preparedness (Due 01) T2 (B): Operational Coordination: Must engage with who community stakeholders on a quarterly basis either bu participating in regional meeetings of existing muhiagen organizations (i.e. Regional Domestic security Task bre Local Emergency Planning Committes, Regional Health Coalitions, Local Voluntary/Community Organizations A, Disaster) or by hosting/conducting meetings with whole communty stakeholders. Must submit proof of participatl representative ofthe Sub -Recipient in quarterly meetings Meeting minutes, agendas and signAn sheets. (Due 01-04) T2 (C): Public Inbrmalion and Warning: The Sub-recipiei upload their updated FEMA IPAWS County executed Mi signed IPAWS Rules of Behavior forms for each author¢ given access to send IPAWS messages for the county. Salesforce no later than August 30, 2023. (Due 04) T3 (A): Integrated Preparedness Program: Upload the G 2024-2026 IPP in Salesforce by January 10, 2023. Prov of participation by a representative ofthe Sub -Recipient appropriate Regional IPP Workshop (IPPW). EMPG fun, personnel are encourage to attend. Dates and places an in the scope of work (SOW). (Due 02) T3 (B): Training: Protide Division Form 4 - Staffing Detail funded EMPG personnel. Provide training transcripts for funded personnel listed on Division Form 4 - Staffing Det certificates are uploaded into SERT TRAC, the Division's Manager will request a copy them the T&E Unit. (Due Q' updates if necessary Q2-04) T3 (C): Validating Capabilities Through Exercise: Provide sheet or certificate of participation in a minimum ofthme exercises for funded EMPG personnel during the period petbnnance. (Due 01, Deliverable accepted) (Due Q Not her if completed in 01) "By signing this report 1 certify to the bear ofmy knowledge and beliefMat the report is We, complete, and accurefe, and the expenditures, disbursements and cash reoeipFa ere Far the purposes end objectives set ford, in Me bnna and conditions ofthe Federal amid. l am aware that any Was, fictitious, or fraudulent information, or the omission ofeny matenal Fact, may subject me to criminal, civil oradminisfntive penalties for baud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812).' SIGNATURE: AUTHORIZED REPRESENTATIVE PRINTED NAME: 62 194 FY 2022 - 2023 EMPG AGREEMENT ATTACHMENT H REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2022-2023 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - EMPG BASE GRANT DIVISION FORM 2A - DETAIL OF CLAIMS SUB -RECIPIENT: INCURRED DATE RANGE: Example: July 1 through Sept. 30, 2022 Please use separate Division Forth 2A - Detail of Claims per allocation category. Please protide FEMA AEL numbers for EQUIPMENT expenditures ONLY. Please protide a budget revision to the Division along with this forth, 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 quarterly period; however, a Sub -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 the agreement). This allowance does not circumvent the four (4) required reporting submissions. ALLOCATION CATEGORIES PLEASE SELECT FROM THE LIST BELOW CATEGORY:1 PLANNING DATE OF PAYMENT PAYMENT PURCHASE # VENDOR DESCRIPTION OF SERVICE OR EXPENSE FOR SERVICE REFERENCE # AMOUNT OR EXPENSE (CHECK#, FO, CC#, JT) Include full date FEMA AEL# (WA If equipment was not purchased) 1 2 3 4 5 8 7 8 9 10 11 12 13 14 15 16 17 18 19 20 TOTAL "By signing this report, I certify to the bestofmy knowledge and beliefthat the report is true, complete, and accurate, and the expenditures, disb ursements and cash receipts are for the purposes and objectives set rorth in the terms and conditions ofthe Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any m aterial Fact, maysubject me to criminal, civil or administrative penalties forfraud, false statements, false claims or otherwise. (US. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." SIGNATURE: AUTHORIZED REPRESENTATIVE PRINTED NAME: TITLE: 63 195 FY 2022 - 2023 EMPG AGREEMENT ATTACHMENT H REPORTING FORMS 2022-2023 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM DIVISION FORM 28- DETAIL OF CLAIMS SALARIES AND FRINGE BENEFITS Pay Period: From: To: Sub-Redpient Name: Incurred Date Range: Claim #: DOES THIS CLAIM FOR REIMBURSMENT INCLUDE EXPENSES FOR ANY INCENTIVES OR SPECIAL PAY? Note: If this claim includes incentives or spedal pay, please provide FDEM with the written established policy for support. u _ n 3 c o E 1p c EM Funded staff Name a V Z E $ 15,000.00 SubTotals $ 15,000.00 $ Total Cost Charged to the Grant $ 15,000.00 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 pruposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, orfradulent information, or the ommission 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: AUTHORIZED REPRESENTATIVE PRINTED NAME: TITLE: DATE: "By signing this report, I certify to the best of my knowedge 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).' SIGNATURE: AUTHORIZED REPRESENTATIVE PRINTED NAME: TITLE: DATE: •E FY 2022 - 2023 EMPG AGREEMENT ATTACHMENT H REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2022-2023 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - EMPG BASE GRANT DIVISION FORM 3A - Quarterly Match SUB -RECIPIENT: QUARTERLY REPORTING PERIOD: July 1 -Sept. 30 CLAIM # 1. Federal funds provided under the 2022-2023 EMPG agreement shall be matched bythe Sub -Recipient (dollar -for -dollar) totaling the award amount. Each quarter the Sub -Recipient must identify the non-federal match amounton the Quarterly Match Form 3A 2. If the EMPG funds are being matched with 2022-2023 EMPAclaimed expenditures, no additional back-up/supporting documentation is required to be submitted with this form. 3. Ifthe 2022-2023 EMPG award exceeds the 2022-2023 EMPAaward, or if the Sub -Recipient is not using EMPAclaimed expenditures to fulfill the EMPG match requirement, appropriate back-up/supporting documentation must accompanythis form to support fulfillment of the required match (i.e. invoices, receipts, paystubs, earning statements, cancelled checks, credit card and bank statements, etc. ). EMPG REPORTING AWARD AMOUNT: $ 105,806.00 EMPG QUARTERLY CLAIM CUM. FUNDS EXPENDED REMAINING BALANCE QUARTER 1 $0.00 $0.00 QUARTER 2 $0.00 $0.00 QUARTER 3 $0.00 $0.00 QUARTER 4 $0.00 $0.00 TOTAL EMPG CLAIMS $0.00 EMPA REPORTING AWARD AMOUNT: $ 105,806.00 EMPA QUARTERLY CLAIM CUM. FUNDS EXPENDED REMAINING BALANCE QUARTER 1 $0.00 $105,806.00 QUARTER 2 $0.00 $105,806.00 QUARTER 3 $0.00 $105,806.00 QUARTER 4 $0.00 $105,806.00 TOTAL EMPA CLAIMS $0.00 MATCH REPORTING REQUIRED MATCH AMOUNT: $ EMPA LOCAL (General Revenue) LOCAL (Other) OTHER (Non -Federal) QUARTER 1 QUARTER 2 QUARTER 3 QUARTER 4 TOTALI $0.00 SQ00 r 50 00 $0.00 EMPG TOTAL MATCH $0.00 "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, disbursements and cash receipts 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 omission of anymatenal 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 NAM E TITLE DATE AUTHORIZED REPRESENTATIVE X" 197 FY 2022 - 2023 EMPG AGREEMENT ATTACHMENT H REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2022-2023 EMERGENCY MANAGEMENT PERFORMANCE GRANT - EMPG BASE GRANT DIVISION FORM 4 -STAFFING DETAIL EMERGENCY MANAGEMENT AGENCY ANTICIPATED SALARIES AND BENEFITS SUB -RECIPIENT: POINT OF CONTACT: Jane Doe, Planner EMPLOYEE INFORMATION LOCAL STATE AND FEDERAL # Only funded Staff Name, Position Title & Area of Responsibility (Preparedness, Response, Recovery, A46ga6on & Finance [1] Annual Total Salaries & Benefits $ by Position 2 % County General Fund (Local) [3 % Other Local Funds (4] % $ EMPG EMPG Base Grant Base Grant (State) (State) 51 [6] % $ % EMPA EMPA Total Base Grant Base Grant All (Federal) (Federal) Funds 71 (8] (9 1 Ex. Jane Doe, Director, ALL $ 60,000.00 50% $ 30,000.00 50% $30,000.00 100% 2 $ $0.00 0% 3 $ $0.00 0% 4 $ $0.00 0% 5 $ $0.00 0% 6 $ $0.00 0% 7 $ $0.00 0% 8 $ $0.00 0% 9 $ $0.00 0o 10 $ $0.00 0% 11 $ $0.00 0% 12 $ $0.00 0% 13 $ $0.00 0% 14 $ $0.00 0% 15 $ $0.00 0% 16 $ $0.00 0% 17 $ $0.00 0% 18 $ $0.00 0% 19 $ $0.00 0% 20 $ $0.00 0% TOTAL $ 30,000.00 $30,000.00 DIRECTIONS: 1. In Column #1, list the name, position title and area of responsibility(s) for all funded EMPG Emergency Management staff. 2. In Column #2, list total anticipated annual amount of Salaries and Benefits to be paid for each EMPG funded position. 3. In Columns 93-5 & 7, protide the funding distribution (%) in each applicable column. 4. In Column #6, list the amount of Salaries and Benefits to be paid out of EMPG grant funds. 5. In Column #8, list the amount of Salaries and Benefits to be paid out of EMPA grant funds. 6. Column 99 calculates the sum of percentages entered in Columns 3 - 5 & 7 and must equal 100% of the anticipated annual salaries and benefits per EM 7. Please protide to the Division updates or revisions to this form throughout the period of the agreement, as necessary. 8. This form is to be submitted to the Division along with the 1st Quarter submission, or by January 30, 2023, whichever occurs first. position. 66 198 FY 2022 - 2023 EMPG AGREEMENT ATTACHMENT H REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2022.2023 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM - BASE GRANT 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 2022-2023 period of performance ends on September 30, 2023. Division FORM 5 is due by October 30, 2023. SUB -RECIPIENT: POINT OF CONTACT: P HONEIEMAI L: ALLOCATION CATEGORIES EXPBmTTURES 1. PLANKING $ _ 2. ORGANIZATION $ - 3. EQUIPMENT $ - 4. TRAINING $ - 5. EXERCISE $ - 6. MANAGEMENT AND ADMIN. $ - AWARD AMOUNT $ (LESS ADVANCED FUNDS) $ (LESS REIMBURSEMENTS) $ UNCLAIMED BALANCE OF AWARD $ AGREEMENT EMPG AWARD AMOUNT: $ UNCLAIMED BALANCE: $ (include any advanced funds and final requested payment) DATE AMOUdT Federal funds prodded under the 2022-2023 EMPG agreement shall be matched by the Sub -Recipient (dollar -for -dollar) with non-federal funds. If the EMPG award is being matched with EMPA, no additional back-up/supporting documentation is needed to be prodded 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). EMPA LOCAL General Revenue er LOCAL OthOTHER Non -Federal TOTAL MATCH SIGNATURE REQUIRED "Bysigning thisreport, I certify to the best ofmy knowledge and belief that the report istrue, complete, and accurate, and the expenditure; disbursem ents a nd cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. lam aware that any false, fictitious or fraudulent information, or the omission of anymaterial fact, may subject me to criminal, civil or administrative penalties for fraud, false statement; 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: Refund and/or final interest checks are due no later than ninety (90) days after the expiration of the Agreement. Make checks payable to: Cashier, Florida Division of Emergency Management Mail to: Florida Division of Emergency Management, 2555 Shumard Oak Blvd., Tallahassee, Florida 32399-2100, Attn: (Division Grant Manager) BELOW TO BE COMPLETED BY FDEM: SIGNATURE AND DATE: Division Grant Manager SIGNATURE AND DATE: Division Programmatic Reviewer ZA 199 GRANT NAME: EMPG Grant AGREEMENT# G0371 AMOUNT OF GRANT: $ 79,414.00 DEPARTMENT RECEIVING GRANT: Emergency Services CONTACT PERSON: David Johnson PHONE NUMBER: 772-226-3947 1. How long is the grant for? 1 year Starting Date: October 1, 2022 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% N/A 5. Grant match amount required $ 79,414.00 N/A 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? N/A (Attach a detail listing of costs) $ N/A 8. Are you adding any additional positions utilizing the grant funds? If list. is Yes X No yes, please (If additional space needed, please attach a schedule.) N/A 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 & Wa es N/A N/A N/A N/A N/A 012.11 Social Security N/A N/A N/A N/A N/A 012.12 Retirement -Contributions N/A N/A N/A N/A N/A 012.13 Insurance -Life & Health N/A N/A N/A N/A N/A 012.14 Worker's Compensation N/A N/A N/A N/A N/A 012.17 S/Sec. Medicare Matching N/A N/A N/A N/A N/A TOTAL N/A N/A N/A N/A N/A 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A l 0. What is the estimated cost of the grant to the county over five years? Signature of Preparer: David Johnson Date: September 7, 2022 200 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 S N/A N/A Signature of Preparer: David Johnson Date: September 7, 2022 200 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason Brown, County Administrator THROUGH: David Johnson Director Department of Emergency Services FROM: Karen Rackard, Mapping Tech. Department of Emergency Services DATE: September 12, 2022 SUBJECT: Approval of Renewal of the Public Safety Communications System FX Software Services Agreement. 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: On August 16, 2016, the Board of County Commissioners approved the public safety radio system P25 Migration Project. During the migration period, the county will be operating both the EDACS and P25 radio systems concurrently to maintain a public safety level of service, stable operations, and functionality until completion of the project. An integral part of the EDACS and P25 system is the FX Software. On September 11, 2018, the Board of County Commissioners approved Communications International as a sole source for the public safety radio system FX Software Services. The FX Software provides enhancements and corrections to public safety EDACS and P25 backbone and radio components. It also assures the County that any new generation radios, hand-held or mobile units, would seamlessly integrate into our communication network. The contract provided for renewal or extension of the contract in one (1) year increments for a total of five (5) years upon mutual consent of the parties. This base contract for services will expire on September 30, 2022, and the proposed FY 2022/2023 contract renewal represents extension number four (4) of the original contract. The proposed FY 2022/2023 FX Software agreement will cover all necessary upgrades for the P25 system. FUNDING: There is no change in cost between last fiscal year and next fiscal year. The FX Software is budgeted and available in the amount of $126,320.40 in the General Fund / Communications / Emergency Services / Computer Software account, number 00110719-035120. Account Name Account Number Amount General Fund/Communications/Emergency Services/Com uter Software 00110719-035120 $126,320.40 20 RECOMMENDATION: Staff recommends the Board authorize the Chairman to execute the Public Safety Communications System FX Software Services Agreement with Communications International Inc. ATTACHMENT: 1. FX Software Services Agreement 2. FX Software Quote- 2022-2023 202 SERVICES AGREEMENT THIS SERVICES AGREEMENT ("Agreement") is made and entered into this 30th day of September. 2022, by and between Communications International Inc, (hereinafter referred to as "Cl") located at 4450 US HWY 1, VeroBeach, FL 32967, in support of Indian River County Emergency Services (hereinafter referred to as "Customer"). This Agreement shall begin on October 11, 2022 ("Commencement Date") and shall continue for a one (1) year period ("Tenn") through September 301, 2023("Expiration Date"). This Agreement, along with its sections and attachments listed below, describes the terms and conditions for purchase of Services by Customer as described in this Agreement or other document(s) attached to and made part of this Agreement. In the event of any inconsistencies or conflicts within this Agreement, precedence shall be given to the documents in the order in which they are listed: I. SECTION I SCOPE SECTION II SERVICES SECTION III GENERAL TERMS AND CONDITIONS ATTACHMENT A EQUIPMENT LIST ATTACHMENT B SERVICE DESCRIPTIONS SCOPE This Agreement contains the terms and conditions for Customer's purchase and Cl/L3Harris' delivery of the Services. Cl/L3Harris shall provide the Services described in this Agreement, including its attachments. In addition to the General Terms and Conditions, the Service Descriptions included in Attachment B may contain terms and conditions specific to that particular service. 2. The Services are defined within this Agreement and are limited to only those Services in Section ("Services") and further described in Attachment B ("Service Descriptions"). All Services provided under this Agreement are only applicable to the Equipment identified in Attachment A ("Equipment List"). Any Equipment not identified in the Equipment List is excluded from the services. II. SERVICES below sets torth the mutually agreed Services purchased by Customer. SERVICES Software Services MASS-BSN6J -includes services below • Security Update Management Services (SUMS+) • Software Managed Services (SMS) • Premium Technical Support (PTS) TERM (Period of Performance) ANNUAL SUPPORT FEES The Agreement shall begin on the Commencement Date and shall continue for a one-year period through Expiration Date. TOTAL ANNUAL SUPPORT FEES (YEAR) $126,320.40 Invoicing will occur annually, and payment vv!ll be due 30 days from the date of invoica Purchase Order Required D Yes* D No *If a Purchase Order ("PO") is required by Customer, Customer must issue CI a PO before the Commencement Date, otherwise, Cl will invoice Customer without the issuance of a Customer P0. M. GENERAL TERMS AND CONDITIONS 1. SUPPORT. a. Services shall be provided for the Equipment at the Customer site(s) described in Attachment A ("Equipment List") and, unless agreed otherwise in writing, CI shall not be obligated to provide Services for any products, equipment, hardware,soflware, site(s), or systems not identified in Attachment A ("Equipment List"). b. If Customer purchases additional equipment from Cl, then that equipment must be added to the Equipment List by a mutually agreed upon Amendment to this Agreement for Cl to provide Services for that new equipment. The Amendment must also amend Section III. ("Services") to account for the cost of providing Services for the additional equipment. C. If Equipment cannot, in CI's reasonable opinion, be properly or economically serviced for any reason, the Parties may agree upon a mutually agreed to Amendment to i)remove that Equipment from this Agreement or ii) modify the scope of Services related to that Equipment or iii) increase the price of providing Services for that Equipment. 2. DEMAND SERVICES. a. Demand Services Fees. At Customer's request and upon Cl' approval, CI may provide Demand Services for an additional fee. CI shall provide a written quote for such Demand Services based upon the circumstances known at the time of the request and CI shall perform such Demand Services only once the Parties have mutually agreed upon the scope and fees for such Demand Services. b. _ Writing Required. Any Demand Services that CI agrees to perform shall be clearly defined in a properly executed Amendment to this Agreement, purchase order, or separate agreement between the Parties. Emergency on Demand. Cl may provide Demand Services in a manner not consistent with the requirements in this Section in an emergency, on a case-by-case basis,and at CI' sole discretion. d. Excluded Services. If Customer requests CI to provide any Excluded Services listedin this Agreement, such Excluded Services will be considered Demand Services and will only be provided in accordance with this Section. 3. CONDITIONS OF SERVICE. CI' obligations to perform the Services are conditioned upon the below conditions being met by Customer. Customer shall: a. ensure Equipment is in good working order as of the Commencement Date and continues as such during the Term. Customer shall ensure Equipment is maintained per the recommended manuals. b. purchase any necessary Hardware or upgrades, at Customer's expense, that may be necessary for the Services. C. not modify, enhance, or otherwise alter any Software Update unless specifically authorized in the user documentation provided by L3harris with such Software Update or unless the prior written consent of L3Harris is obtained. nn d. not create or permit the creation of any derivative work from any Software Update oA110 reverse engineering or replication of any Software Update. e. meet all General Customer Obligations and satisfy all Customer's requirements under this Agreement. 4. EXCLUDED SERVICES. Only the Services in Section III. ("Services"), as further described in Attachment B ("Service Descriptions"), shall be provided. The Services shall not include exclusions defined in other parts of this Agreement. Unless purchased by Customer and listed as Services under Section H. Services of this Agreement, Excluded Services are the following services excluded from the Services of this Agreement: a. receiving Services for items not set out in Attachment A ("Equipment List") of this Agreement; or Equipment that has reached End of Life ("EOL") or End of Support ("EOS") or Equipment for which parts are not available. b. correction of faults due to Customer's failure to meets its obligations outlined throughout this Agreement. C. correction of faults, defects, or damage caused by any of the following: i) Customer's modification, neglect, or misuse of the Equipment; ii) use other than in the normal, customary, intended, and authorized manner, or use not in compliance with applicable industry standards or OEM specifications; iii) excessive wear and tear, abuse, vandalism, theft or other criminal activity, accident, disaster, fire, flood, water, weather or environmental conditions, liquids, power surges, acts of God; iv) acts or omissions or delays by Customer or Third -Party; v) work performed on Equipment by Customer or Third -Parties who are not authorized by CI to perform such work; or vi) force majeure event not otherwise described within this Section. d. correction of faults in any equipment (whether or not supplied by L311arris) not covered by this Agreement. e. receiving any software unless expressly provided for as a Service under this Agreement f. implementation of changes to the Equipment or configurations which were not a requirement of the specifications for the Equipment listed in this Agreement or otherwise committed to by CI in a properly executed agreement between the Parties. g. correction of any fault which would be remedied by a software or routine maintenance or repair which is required by the specifications for the Equipment. h. installation of software, Software Updates, or Security Updates unless such installation is L3Harris' responsibility and falls within the defined Services of this Agreement. See SUMS+ Installation and/or SMS Installation, if applicable. i. receiving system configuration documents or system audit. j. initial installation or configuration of any software, or installation of multiple revisions of software to catch up to a more recent software release, or to roll back to a previous software release, or any configuration changes. Note, this installation or configuration is neither included in SUMS+, SMS, nor VIDA Secure Sentry Installation Services. k. software installation on Equipment unless targeted by the L3Harris Software Update or L311arris Operating System Patch and as per the SUMS+ Installation, SMS Installation, and/or VEDA Secure Installation Service Descriptions, as applicable. 205 5. GENERAL CUSTOMER OBLIGATIONS. C'n�tomer acknowledaec that receint of the Services and the amrnmt of the Srnnnnrt Fee de.wTibed in this Agreement are dependent on the prompt and proper performance of the Customer fulfilling the requirements under Conditions of Service and its obligations under this Agreement. Obligations require that Customer shall: a. provide all information or services (including, but not limited to inventory/audits) under Customer's control relevant or pertaining to Cl' Services and/or pertaining to the Hardware and software elements of any system with which the Equipment is interfacing so that Cl may perform its Services. b. ensure that the personnel responsible for carrying out the General Customer Obligations outlined in this Section are suitably qualified, authorized, trained and/or experienced. C. maintain a suitable environment for the operation and maintenance of the Equipment (including without limitation power supply, temperature and humidity control) in accordance with normal industry practices, and as set out in the published data sheets, manuals, or other written instructions for the Equipment. d. provide CI with all cooperation to facilitate the efficient discharge of CI' Services under this Agreement including, without limitation: i) providing the necessary physical and virtual access to the site(s) and the Equipment; ii) ensuring the site(s) comply with all relevant health and safety codes; and iii) providing, onrequest, a suitably qualified or informed representative, agent, or employee to accompany CI's personnel and to advise on access or on any other matter within the Customer's knowledge or control whichwill assist Cl in performing the Services under thisAgreement. e. ensure systems backups (including all programs and data) and Equipment configuration records are kept up to date. f. maintain confidentiality of any logon(s) and password(s) required to access Equipment or Services. Access to Tech -Link is only permitted for current Customer employees or contractors. Customer must manage and remove access rights for departing employees (for example by changing passwords) and L3Harris shall not be liable for any loss or damage incurred by Customer due to Customer's failure to comply with this clause. g. cooperate with CI and perform all efforts that are necessary to enable CI to provide the Services to Customer. h. ensure Cl can perform Services in a continuous effort. i. waive Services, without reimbursement, for Services when CI does not have access to provide the Services or when Cl is unable to provide Services due to Customer's or Third - Party's action or inaction. j. provide CI with at least two (2) Points of Contact, as described in Point of Contact Section of this Agreement. k. require at least one Point of Contact be available twenty-four (24) hours per day, seven (7) days per week with an escalation procedure to enable Customer's personnel to maintain contact, as needed, with CI. 1. perform and provide proof of performance of all routine and Preventive Maintenance and updates to software and Hardware as recommended in Equipment manuals unless such Preventive Maintenance is CI' responsibility and falls within the defined Services of this Agreement, m. reproduce any copyright notice and/or proprietary notice appearing on and/or in such Software Update, if Customer makes backup copies of any Software Update, and label all copies with all information, including part numbers and revision levels, provided on the original set of media provided by DHarris. 206 n. not to modify, enhance or otherwise alter any Software Update unless specifically authorized in the user documentation provided by L3Harris with such Software Update, or o. not, under any circumstances, create or permit the creation of any derivative work from any Software Update or the reverse engineering or replication of any Software Update. p. decide whether to install or not install Software Updates, Operating System Patches, and/or VIDA Secure Sentry, as applicable, based on the risks and benefits involved and waive all L3Harris liability for such decision. q. comply with the Cl schedule for the performance of Services. V. Keep Equipment current and compliant with all regulatory agencies' and manufacturers': agreements, manuals, and licenses. 6. SERVICE REQUEST PROCEDURE. Customer shall: a. have personnel with sufficient Equipment related training to be able to i) carry out basic operating system housekeeping, ii) work through complex procedures with remote guidance provided by CI, and iii) carry out procedures as outlined by CI within a reasonable time after such procedures have been received from CI. b. provide a mutually agreed form of communications link for remote diagnostics and promptly grant access rights to Cl/L3Harris and its subcontractors when required. 7. FEES AND PAYMENT TERMS. a. Customer shall pay the Support Fees for Services and the Demand Services Fees for Demand Services. b. CI reserves the right to increase the Support Fees as Equipment is added or if Customer requests an increased level of service, or if there is any other variation requested by Customer to this Agreement. C. Payment terms shall be net thirty (30) days from the date of invoice. Support Fees will be billed in advance and in accordance with Section III. ("Services"). d. All fees payable under this Agreement are exclusive of sales, use, value added, goods and services taxes, or any customs, import or export duties, and should any such fees arise, these shall be payable by Customer. Where appropriate, such taxes will be added to the invoice, billed as a separate item, to the extent possible, and paid by Customer unless Customer provides CI with evidence of payment or certificate of exemption. e. To the fullest extent permissible by law, Customer waives its right of set-off. No payment is considered received until CI has received cleared funds. S. TERM AND TERMINATION. a. The Term of this Agreement shall begin on the Commencement Date and shall continue through the Expiration Date as indicated in this Agreement. b. In the event of. i) Customer's material breach because Customer fails to make any payment within thirty (30) days of the date of invoice, or ii) any other material breach of this Agreement by Customer which shall continue for thirty (30) or more days after Notice of such to Customer, CI shall be entitled to avail itself cumulatively of any and all remedies available at law or in equity; and either: i) suspend performance of its obligations under this Agreement for aslong as the breach remains uncorrected; or ii) terminate this Agreement by written Notice to Customer if the breach remains uncorrected. C. In the event of a material breach of this Agreement by CI, Customer shall provide CI 12>W a reasonably detailed Notice of the breach. CI will have thirty (30) days to provide a written plan to cure the default and begin implementing the cure plan immediately after the plan is approved by Customer. Customer shall not unreasonably disapprove of such cure plan. If CI does not satisfy the requirements of this clause, Customer may terminate this Agreement effective upon giving a thirty (30) days' written Notice of termination. d. CI shall have the right to terminate this Agreement at any time by providing Customer thirty (30) days' Notice. e. Any termination of this Agreement will not relieve either Party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to CI will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, CI will have no further obligation to provide Services. 9. SOFTWARE AND INTELLECTUAL PROPERTY RIGHTS. a. All patents, trademarks, service marks, or business names, registered designs, copyrights, design rights, utility models, topography rights, applications to register any of the aforementioned rights, trade secrets, specifications, drawings, technical information, know-how and rights of confidence and any other intellectual or industrial property rights of any nature whatsoever in any part of the world ("IPR") arising under this Agreement, except to the extent that they comprise or incorporate IPR supplied by Customer, shall, as between the Parties, vest in and be owned by L3Harris absolutely and Customer shall acquire no right, title, or interest therein. b. Any computer program, fumware, or other software forming part of the Equipment or supplied by L3Harris to Customer pursuant to this Agreement shall remain the exclusive property of 1,311arris (or its licensee) and such software shall, unless otherwise agreed in writing, be licensed to Customer under the license terms applicable to the Equipment, software, or systems to which they relate. C. Unless otherwise indicated, information provided to Customer via Tech -Link is copyrighted by and proprietary to L3Harris and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without L3Harris' prior written consent. d. NOTHING IN THIS AGREEMENT OR OTHERWISE REQUIRES L3HARRIS EITHER TO DESIGN SOFTWARE UPDATES THAT REMAIN COMPATIBLE WITH DESIGNATED SYSTEMS OR TO PROVIDE ADDITIONAL PLATFORM COMPONENTS, UPGRADES AND UPDATES FOR THE OPERATION OF SOFTWARE UPDATES, WAND CUSTOMER WAIVES ANY SUCH DUTY OR OBLIGATION BY L3HARRIS. L3HARRIS SHALL HAVE THE RIGHT TO DISCONTINUE PROVIDING, AT ANY TIME IN L3HARRIS' DISCRETION, SERVICES IN SUPPORT OF ANY SOFTWARE, OR SOFTWARE UPDATES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT e. All Software Updates and Security Updates shall be made available to Customer Point of Contact. In addition, each Software Update shall contain at least one (1) set of Software Release Notes. In the event any software media incurs damage while being made available from L311arris to Customer Point of Contact, then L3Harris shall provide replacements to Customer at no additional charge. f. Customer agrees that if it makes any backup copies of any Software Update supplied by L3Harris, Customer will reproduce any copyright notice and/or proprietary notice appearing on and/or in such Software Update and will label all copies with all information, including part numbers and revision levels, provided on the original set of media prove8 by 1,311arris. Nothing herein grants Customer any right to sublicense any software included in a Designated System or to distribute copies to any other person or entity, and such sublicensing and distribution is expressly prohibited g. Customer agrees not to modify, enhance or otherwise alter any Software Update unless specifically authorized in the user documentation provided by L3Harris with such Software Update or unless the prior written consent of L3Harris is obtained. Under no circumstance shall Customer create or permit the creation of any derivative work from any Software Update or the reverse engineering or replication of any Software Update. h. Third -Party Software and Third -Party Support Agreements (relative to the Third -Party Software) will be supported in accordance with the individual manufacturer's provisioning policy. 1,311arris will utilize commercially reasonable efforts to assure Third -Party Software and Third -Party Support Agreements are available for sale to Customer (at Customer's expense) to support its Services under this Agreement. L3Harris shall not be liable to Customer for Third -Party Software obsolescence or Third -Party Support Agreements unavailability under this Agreement beyond L311arris' commercially reasonable efforts. At Customer's request, L3Harris shall provide to Customer an estimate of all charges for any required (and if available) Third -Party Support Agreements or Software of any Software that has become obsolete or unavailable. i. Nothing herein grants Customer any right to sublicense any software included as part of the Equipment or to distribute copies to any other person or entity, and such sublicensing and distribution is expressly prohibited. 10. FORCE MAJEURE. CI shall not be responsible for delays or failures in performance under this Agreement that are due to causes beyond its reasonable control including, but not limited to a Force Majeure Event as defined in this Agreement. In the event such delays or failures interrupt CI' Services to Customer, CI shall promptly notify Customer of the circumstances and the anticipated delay.Subject to CI promptly notifying Customer in writing of the reason for and likely duration of the delay, the performance of CI' obligations, to the extent affected by the delay, shall be suspended during the period that the cause persists provided that Cl shall use all reasonable efforts to avoid the effect of that cause provided that if performance is not resumed within ninety (90) days of that Notice the Customer may at any time thereafter, but in any event before resumption of obligations by CI, by Notice terminate the affected portion of this Agreement. 11. INDEPENDENT CONTRACTOR. Nothing herein contained shall be construed to constitute the Parties hereto as partners or joint ventures or the agent of the other Party in any sense of these terms whatsoever, and no Party may act for or bind another Party in any dealings with a Third -Party. 12. DISPUTES. The Parties shall attempt to resolve in good faith any disputes arising under or in relation to or in connection with this Agreement or its subject matter. If good faith negotiations between the Parties fail to resolve the dispute, then before issuing court proceedings, the Parties shall give due consideration to the use of mediation or alternative dispute resolution techniques and reference to independent experts. 209 13. JURISDICTION. Tlip nnnetnintinn voliAity *"A norfnrmonnn of tide A `rr .—.-+ A-11 I. ......e«.,e.l —A :..40...--+-A by the laws of the State of Florida, excluding its rules pertaining to conflict of laws. Customer consents to the personal jurisdiction of the state and federal courts within the State of Florida. Venue for any legal proceedings shall be in any state or federal courtin the State of Florida, and the Parties waive all objections based on venue or forum non convenience with respect to this Agreement. 14. WAIVER OF JURY. By entering into this Agreement, Ci and Customer hereby expressly waive any rights either Party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. 15. LIMITATION OF LIABILITY. a. Nothing in this Agreement shall limit CI' or its suppliers, agents, subcontractors, representatives' liability for personal injury or death caused by its negligence. b. Cl' liability to Customer or to any Third -Party arising out of or in connection with this Agreement or any collateral contract, whether in contract, tort (including, without limitation, negligence) or otherwise shall be limited to the greater of i) amounts paid or payable by Customer to L3Harris for the applicable Services during the six (6) months preceding the event or circumstances giving rise to such liability or ii) one hundred thousand (S 100,000) US dollars. The liability of CI shall be cumulative and not perincident. C. Subject to the exceptions set forth in this Section, in no event shall CI, L3Hairis or its suppliers, agents, subcontractors, representatives be liable for any incidental, special, punitive or consequential damages, lost profits or lost or damaged data, or any indirect damages, whether arising in contract, tort (including negligence) or otherwise even if such losses ordamages were foreseen, foreseeable, known or otherwise. 16. MERGER/ENTIRE AGREEMENT. This Agreement is the complete agreement between the Parties concerning the subject matter of this Agreement and replaces any prior implied, oral, or written communications between the Parties. There are no conditions, understandings, agreements, representations or warranties expressed or implied, that are not specified herein. INDIAN RIVER CNTY EMERGENCY SERVICES COMMUNICATIONS INTERNATIONAL .By. By. Name: Name: es M Reed Title: VP of Service Date: Date: 08/18122 210 Part Number SAM D7Y UD-ZM1E NS-PNSF VSCR21 CP-SG4H SC-VTXP25-DC SC-MD7B-DC MASV-700M1 SITE LOCATIONS ATTACHMENT A EQUIPMENT LIST Description KIT, NETWORK SENTRY, CONTROL/DATA, WIN10 Symphony Console, Premier Win 10 CERVER Cisco UCS C220 M4 FIREWALL, ASA5506-X W/SEC+/ANTCON-25USR LICENSE,SW,CP MASTR V IP Simulcast, TX site, Comm Equip ASSY,CONTROLLER,SITEPRO,MMEMME W/CABLES DC STATION, MASTR V,P25T,700MHZ Quantity 6 14 2 2 2 6 2 60 211 ATTACHMENT B SERVICE DESCRIPTIONS PREMIUM TECHNICAL SUPPORT (PTS) 1. Service Description. Provides technical assistance to answer questions and help resolve issues. Provides support renewals for Third -Party software licenses as needed to provide the Services, and support renewals for server and networking equipment used in the Designated System. 2. Service Request. Customer's Point of Contact shall follow Section 111.7 ("Service Request Procedure"), and specifically call 1,311arris' Technical Assistance Center (TAC) at 1-800-528- 7711 or email PSPC—TAC@L3Harris.com. 3. Levels of Technical Assistance Support: a. Level l First Line Support. Means telephone helpdesk or answer center receiving Customer's inbound Service Requests via phone, web forms, or email. L311arris' Authorized Dealer's service representatives will log, categorize, prioritize, and route incidents reported by Customers and can implement basic, documented break -fix tasks. b. Level 2 Second Line Support. Means troubleshooting of Service Requests via L311arris documented processes and workflows and maintaining a Run -Book which is used to record Service Requests, resolutions, and assists in collaborating with any other support or dependency groups in case the incident has linkage to other support personnel or outside vendors. c. Level 3 Third Line Support. Means detailed troubleshooting of Service Requests by L3Harris technical experts who resolve issues that are typically difficult or subtle; participate in management, prioritization, minor enhancements, break fix activities, problem management, stability analysis; subject matter experts in technology platforms. If a fix involves a major enhancement or a development, the problem is transferred to L3Harris engineering. 1,311arris engineers may require root or administrator access to the Designated System. d. Level,4 Product and Vendor Support. Means direct support by L3Harris or vendor product architects, engineers, software developers, or hardware designers. The Service Request escalation process may involve product bugs, detailed configuration requirements, or other expert level guidance. Level 4 support is subject to the limitations of Third -Party Support Agreements and as indicated under the General Terms and Conditions section of this Agreement. 4. L3Harris Responsibilities: a. Provide Customer with 24x7x365 Level 2 Line Support through Level 4 Product and Vendor Support for resolving issues with the Equipment. b. Respond to non -Emergency Calls within two (2) hours from the time -of -Service Request c. Respond to Emergency Calls within one (1) hour from the time -of -Service Request. d. Provide Customer with access to Tech -Link. e. Manage Third -Party Equipment and software subscription services and licenses to ensure Customer can receive, as applicable, Security Updates, Operating System Patches, Level 3 Third Line Support, and Level 4 Product and Vendor Support for Third -Party Equipment and its software as included in the Equipment List. Subject to the limitations of Third -Party Support Agreements and as indicated under the General Terms and Conditions section of this Agreement, this includes the purchase of Third -Party software subscription renewals and software licenses when necessary to provide the Services. Additionally, this includeq� % purchase of support renewals for server and networking equipment used in the Design eut- System. f. Provides new versions of Third -Party software applications as part of Premium Technical Support (PTS) when installation of Software Updates requires a new version of Third -Party software application. g. Coordination with On-site support services, as necessary. On-site support services are not included in Premium Technical Support but may be purchased by the Customer as Demand Services. I. SECURITY UPDATE MANAGEMENT SERVICES (SUMS+) (Infrastructure Only) 1. Service Description. Provides periodic Operating System Patches, as available, and as described below to mitigate identified software vulnerabilities. 2. Service Request. No Service Request is needed. 1,314arris shall notify Customer when Operating System Patches are available. For additional SUMS+ related Services, Customer's Point of Contact may contact TAC by calling 1-800-528-7711. 3. L3Harris Responsibilities: a. Provide periodic Operating System Patches, as available, and as described below to mitigate identified software vulnerabilities. Operating System Patches will contain at least one (1) set of Software Release Notes. Operating System Patches will include patches for the Third - Party operating systems used in the Infrastructure. i. Operating System Patches Upon Enrollment. As determined by a system configuration baseline and documentation audit performed by L3Harris, L311arris shall provide to Customer the Operating System Patches required, if any, to bring the L311arris Operating System Patches within the Designated System(s) up to L3Harris current levels. This excludes updates to new versions of Third -Party Software Products. New versions of Third -Party Software Products are included as part of PTS Service Description. Customer will be required to have current license, services, and/or support agreement(s) with Third -Party vendor(s) which allow for installation of Operating System Patches within the Designated System. L3Harris shall assist Customer in obtaining necessary Third -Party Support Agreements through PTS. Any additional cost to secure these Third -Party Support Agreements is the sole responsibility of the Customer. ii. Subsequent Operating System Patches. During the Term, L3Harris shall provide Operating System Patches to Customer for Third -Party operating system software included in the Designated System. b. Monitoring. L3Harris uses reasonable efforts to monitor pertinent governmental, vendor, independent sources; and open source information databases 'to identify vulnerabilities and subsequent resolutions applicable to Third -Party operating systems used by the Designated System(s). L3Harris shall identify and document latest known system vulnerabilities and compliance issues discovered and provide a status and recommendations report via Tech - Link. c. Operating System Patches Pretest. Operating System Patches are tested on dedicated security verification test systems to ensure proper system operation prior to general release. d. Delivery. Operating System Patches shall be provided to the Customer Point of Contact. Operating System Patches are electronically distributed to target devices via a client - server application running within the Designated System(s). This application provides the full scheduling capabilities should an application restart or server reboot be necessary to complete the update process. ii. Telephone support is available through TAC, with respect to the installation of Operating System Patches. 213 iii. On-site support for installation is not included in SUMS+ but may be purchased by the C ngtnmer. SP.e. STTMR+Tnctnllatinn 4. Limitations. Operating System Patches provided by L311arris are limited to L3Harris' current and current minus one System Release levels, therefore, Customer may be required to purchase and install, at Customer's expense, additional or upgraded Hardware or software in order to take full advantage of Operating System Patches. NOTHING IN THIS AGREEMENT OR OTHERWISE REQUIRES L3HARRIS TO PROVIDE OPERATING SYSTEM PATCHES THAT REMAIN COMPATIBLE WITH DESIGNATED SYSTEM HARDWARE OR TO PROVIDE ADDITIONAL HARDWARE UNDER THIS AGREEMENT. 5. Customer Delegation. Customer hereby delegates, grants, and assigns to L3Harris, acting as the Customer's agent, all approval rights relating to the selection of Operating System Patches. All approvals given to Third -Party vendors by L314arris shall be deemed as being granted by the Customer. II. SOFTWARE MANAGED SERVICES (SMS) 1. Service Description. Provides periodic Software Updates to L3Harris Licensed Programs. 2. Service Request. No Service Request is needed L3Harris shall notify Customer when SMS are available. For additional SMS related Services, Customer's Point of Contact may contact TAC by calling 1-800-528-7711. 3. L3Harris Responsibilities: a. Deliver Software Updates electronically to Customer's Point of Contact and make available for download by Customer unless Customer requests and it is mutually agreed to provide the Software Update in another format. Hardware purchases or upgrades, at Customer's expense, may be necessary for Customer to fully implement the Software Updates. b. Provide at least one (1) set of Software Release Notes. c. Provide replacements to Customer at no additional charge, for any software media that incurs damage during shipment. d. Make available system level release documentation, prior to the general release of a major System Release by 1,311arris for L3Harris Licensed Programs, announcing the impending release, and detailing its contents and impact, if any, on any other 1,311arris Hardware or software components. 4. Compatibility with Hardware. Customer acknowledges that Software Updates may not operate on older hardware. NOTHING -IN THIS AGREEMENT OR OTHERWISE REQUIRES L3HARRIS EITHER TO DESIGN UPDATES THAT REMAIN COMPATIBLE WITH DESIGNATED SYSTEM HARDWARE OR TO PROVIDE ADDITIONAL HARDWARE UNDER THIS AGREEMENT. 5. System Configuration Baseline and Documentation Update. As part of the initial enrollment process, L3Harris may deem it necessary to conduct a system audit of the Designated System(s) to be covered under this Agreement. If said audit is required, audit will be conducted and used to verify Customer's first-year SMS fee and to determine the System Release levels for L3 Harris Licensed Programs contained within the Designated System at the time of enrollment, together with any Hardware updates necessary to accommodate Software Updates. Customer may incur additional costs for modifications or updates required to initiate the SMS. 6. Installation Phone Support. Customer may use TAC telephone support with respect to the installation of Software Updates. 7. Tech -Link. Customer, through the Customer Point of Contact, will have access to Tech -Link via a user ID and password authorization to access release documentation and downloadable distribution media. 8. Services Not Included. Unless Obsolescence Protection and/or Planned Network Upgrade_;as Hard4 applicable, are purchased by Customer (See Section H. Services, of this Agreement), upgrades, are not included within the scope of this Agreement. a. If a Software Update requires a corresponding Hardware change, Customer will be required to separately purchase the compatible Hardware to fully install and utilize the Software Update. L3Harris will endeavor to notify Customer in advance of any Hardware changes needed to implement a Software Update, via the system -level release documentation or other reasonable method of communication from DHarris. b. The installation of Software Updates may require a new version of one or more Third -Party software applications which new versions of Third -Party software applications are not included as part of SMS. POINT OF CONTACT AND NOTICE NOTICE TO IRC EMER SERVICES: Name Title Address Address IRC EMER SERVICES POC: Name Title Phone Expertise Name Title Phone Expertise NOTICE TO CUSTOMER: Name James M. Reed Title VP of Service Address 4450 US Hwy 1 Address Vero Beach, FL 32968 CUSTOMER POINT OF CONTACT: Name Jeff Willingham Title Branch Manager Phone 772-978-4192 Expertise Name Title Phone Expertise 215 i COMMUNICATIONS INTERNATIONAL An Employee Owned Company Communications International, Inc. 4450 US Highway 1 VERO BEACH, FL 32967 Bill to IRC Emergency Services - EOC Emergency Services Dept Radio Systems Manager 4225 43rd Avenue VERO BEACH, FL 32967 IRC Emergency Services - EOC For fiscal year Oct 1 st, 2022 to September 30, 2023 Quotation Page Quotation ID Date Expiration date Terms Salesperson E-mail Delivery address IRC Emergency Services - EOC Emergency Services Dept Radio Systems Manager 4225 43rd Avenue VERO BEACH, FL 32967 1 of 1 Q00021184 08/01/2022 09/30/2022 N30 Jeffery L Willingham jwillingham@ask4ci.com Line Item Description Quantity Price Discount Net Price Extended Price MASS-BSN6J Serv, Software Managed Services (SMS) 1.00 126,320.40 0% 126,320.40 126,320.40 Includes MASS-ASN7N Security Update Management (SUMS) MASS-BSN6J Software Managed Serivices (SMS) Order Acceptance - Please sign below Pre-tax Total $126,320.40 Signature This quotation does not include tax Applicable taxes will be calculated during invoicing Printed name Not an Invoice - Do Not Pay Date By signing this quotation and/or submitting a purchase order pursuant to this quotation you acknowledge that you have read and agree to be bound by Communications International, Inc.'s terms and conditions of sale, service, and technical support. Orders may be subject to shipping & handling charges. All warranties are manufacturer's warranties. Terms and Conditions: www.ask4ei.com/termsandconditions This proposal does not reflect (include) material/labor cost escalations beyond a standard inflationary rate (SIR) of 5%. We reserve the right to recover cost impacts above (SIR). Equipment will be invoice upon delivery. 216 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: David Johnson, Director Department of Emergency Services FROM: Ryan Lloyd, Emergency Management Coordinator Department of Emergency Services/Emergency Management DATE: September 14, 2022 SUBJECT: Acceptance and Approval of Expenditures for Emergency Management Preparedness Assistance (EMPA) State -Funded Subgrant Agreement; Agreement #A0237 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 2021-2024 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, 2022 through June 30, 2023. 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. 217 The FY 2022/2023 EMPA in the amount of $105,806 is budgeted and available in the General Fund/EMPA Grant/Salaries and Benefits accounts, number 00123825. The County is permitted to use a broad range of matching funds for which the Emergency Management budget is used as the matching for this grant. No additional funding is required. Account Name I Account Number Amount General Fund/EMPA Grant/Salaryand Benefits 1 00123825-011120 $105,806 RECOMMENDATION: Staff recommends approval of the EMPA State -Funded Subgrant Agreement, Agreement #A0237, 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. Two (2) Original Copies of FY 2022-2023 EMPA Agreement (A0237) 2. IRC Grant Form 218 Agreement Number: A0237 STATE -FUNDED GRANT AGREEMENT EMERGENCY PREPARDNESS AND ASSISTANCE GRANT 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. iii. 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. 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. 219 (3) (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. PERIOD OF AGREEMENT (a) This Agreement shall begin July 1, 2022 and shall end on June 30, 2023, 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 $105,806.00. (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, 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: 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, 2 220 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 Reports (Attachment A (3)). (6) MONITORING (a) Recipient is responsible for and shall monitor its performance under this Agreement. Recipient shall monitor the performance of its contractors, consultants, agents, and who are paid from funds provided under this Agreement or acting in furtherance of this Agreement. 221 (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 thirty (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 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: M 222 The Division of Emergency Management DEMSingle Audit(aD-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 subdivision, 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 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 Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT If any of the following events occur ("Events of Default'), all obligations on the part of the Division to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (11) 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: (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 223 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 thirty (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 thirty (30) calendar days, provide written notice to the Recipient and upon the Recipient 's failure to cure within those thirty (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 thirty (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: i. 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; iii. Advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or; iv. Require the Recipient to reimburse the Division for costs incurred for any items determined to be ineligible; 224 (f) 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 thirty (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 thirty (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 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 200.327 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 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." 225 M As required by 2 C.F.R. § 200.318(b), the 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 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)(1) or procurements by small purchase procedures pursuant to 2 C.F.R. § 200.320(a)(2), if the Recipient chooses to subcontract any of the work required under this Agreement, then the Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen (15) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Recipient within seven (7) business days. Consistent with 2 C.F.R. §200.325, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §§ 200.318 through 200.327 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 Recipient. While the 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 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 Recipient as quickly as possible within the seven (7) business day window outlined above. If the Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: Terminate this Agreement in accordance with the provisions outlined in paragraph (12) above; and, ii. Refuse to reimburse the Recipient for any costs associated with that solicitation. (e) Except for procurements by micro -purchases pursuant to 2 C.F.R. § 200.320(a)(1) or procurements by small purchase procedures pursuant to 2 C.F.R. § 200.320(a)(2), if the Recipient chooses to subcontract any of the work required under this Agreement, then the 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 Recipient within seven (7) business days. Consistent with 2 C.F.R. § 200.325, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §§ 200.318 through 200.327 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 Recipient. While the 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 226 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 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 Recipient as quickly as possible within the seven (7) business day window outlined above. If the 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 (12) above; and, ii. Refuse to reimburse the Recipient for any costs associated with that subcontract. (f) 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. (g) As required by 2 C.F.R. § 200.318(c)(1), the 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, the Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition." Accordingly, the 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; 227 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; or, viii. Engage in any arbitrary action during the procurement process; 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 Recipient, as required by 2 C.F.R. § 200.319(c), shall not use a geographic preference when procuring commodities or services under this Agreement. 0) The Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. § 200.320(b)(1) as well as section 287.057(1)(a), Florida Statutes. (k) The Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. § 200.320(b)(2) as well as section 287.057(1)(b), Florida Statutes. (1) FEMA has developed helpful resources for Sub -Recipients when procuring with federal grant funds because Sub -Recipients must comply with the Federal procurement standards outlined in 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. These resources are generally available at https://www.fema.gov/procurement-disaster-assistance-team. FEMA periodically updates this resource page so please check back for the latest information. While not all the provisions discussed in the resources are applicable to this subgrant agreement, the Sub -Recipient may find these resources helpful when drafting its solicitation and contract for compliance with the Federal procurement standards outlined in 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. FEMA provides the following hands-on resources for Recipients of federal funding: 2018 PDAT Procurement Compliance Checklist for Public Assistance Applicants available at https://www.fema.gov/media-library-data/l569959172327- 92358d63e00dl7639d5db4de015184c9/PDAT ProcurementChecklist 11-21-2018.0 2019 PDAT Contract Provisions Template available at hftps://www.fema.gov/media-library-data/l 569959119092- 92358d63e00dl7639d5db4de015184c9/PDAT ContractP rovis ionsTemp late 9-30-19.pdf (14) ATTACHMENTS AND EXHIBITS (a) All attachments to this Agreement are incorporated as if set out fully. 10 228 (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 — Single Audits Exhibit 3 — 27P-19 Administrative Code — EM Director Certification Attachment A — Scope of Work Attachment A (1) — Allowable Costs and Eligible Activities — Budget Directions Attachment A (2) — Proposed Program 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 — 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 Nee Edwards Florida Division of Emergency Management 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 815-4340 Newarsa.Edwards@em.myflorida.com 229 (c) The name and address of Division's Programmatic Reviewer for this Agreement is: Programmatic Point of Contact Novella Tise Florida Division of Emergency Management 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 815-4308 Novell.Tise@em.myflorida.com (d) The name and address of Representative of the Recipient responsible for the administration of this Agreement is: Name: David Johnson Title: Emergency Services Director Address: 4225 43,d Ave. Vero Beach, FI 32967 Phone: 772-226-3947 Email: djohnson@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. FDEM can only advance up to 75% of the total award amount. (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 forty-five (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 12 230 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 thirty (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, 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 (thirty) 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 seg.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. (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 13 231 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 thirty-six (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: 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 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 14 232 provisions contained in 8 U.S.C. Section 1324(a) [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. (1) 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 15 233 protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty (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) STATEMENT AND ASSURANCES (a) The Recipient shall comply with any Statement of Assurances incorporated as Attachment E. (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 16 234 access also includes timely and reasonable access to the Recipient's personnel for the purpose of 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.mvflodda.com/library-archives/records- manaAement/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. 17 235 (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. (27) CONSTRUCTION and RENOVATION Construction and renovation projects for a local government's principal Emergency Operations Center (EOC), are allowable under the EMPA Program. The Division must provide written approval prior to the use of any EMPA Program funds for construction or renovation. Requests for EMPA Program funds for construction of an EOC must be accompanied by a justification to their EMPA Grant Manager for review and processing. The above examples are not intended to exclude other construction projects as potentially allowable costs. For example, construction of a facility for the storage of critical emergency supplies, as a Point of Distribution (POD) for emergency distribution, and/or to serve as a staging area for deployment of emergency response resources is potentially an allowable expense. Other construction or renovation projects, such as a secondary or local EOC, will be considered on a case-by-case basis, with advance written approval. 18 236 (28) REAL PROPERTY Section 287.05805, Florida Statutes, Contract requirement for use of state funds to purchase or improve real property—Each state agency shall include in its standard contract document a requirement 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. (29) 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: 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. 19 237 (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"). PTO] 238 STATE OF FLORIDA FLORIDA DIVISION OF EMERGENCY MANAGEMENT STATE - FUNDED SUBAWARD AND GRANT AGREEMENT SIGNATURE PAGE IN WITNESS WHEREOF, the Parties have duly executed and delivered this Agreement as of the date set forth below. RECIPIENT: INDIAN RIVER COUNTY An Peter O'Bryan. Chairman (Name and Title) Date: 59-6nnn674 Federal Identification Number UEID/SAM Number A0237 Agreement Number STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Kevin Guthrie, Division Director Date: 21 239 FY 2022 — 2023 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 Recipients may have related to the grant. Recipients 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 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 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. 22 240 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. htmI (d) The Recipient shall send any management letter issued by the auditor to the Division at the following address: 23 241 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 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 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 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 A(3)). 24 242 FY 2022 — 2023 EMPA AGREEMENT EXHIBIT 2 — SINGLE AUDITS AUDIT COMPLIANCE CERTIFICATION Email a copy of this form at the time of agreement submission to the Division at: DEMSingle Audita-)em.mvflorida.com. Recipient: Indian River County 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 federal awards (from Division and all other sources of federal awards 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 25 243 FY 2022 — 2023 EMPA AGREEMENT EXHIBIT 3— 27-19 FLORIDA ADMINISTRATIVE CODE EM DIRECTOR CERTIFICATION In accordance with the 2022-2023 Emergency Management Preparedness and Assistance Grant agreement, which shall begin July 1, 2022 and shall end on June 30, 2023, and to remain consistent with section 252.38(1)(c), Florida Statutes and Rules 27P-19.005(4) and (5), Florida Administrative Code, in order to receive EMPA funding, each County Emergency Management Agency shall annually certify on their Exhibit 3 their commitment to employ and maintain a Director. I, (Name) certify compliance with the requirements for the 2022- 2023 Emergency Management Preparedness and Assistance grant program. (Recipient) has employed an (EM Director) pursuant to Section 252.38(3)(b), Florida Statutes. also certify that I am the official representative for (Recipient) and have authority to bind (Recipient) to this certification of compliance. Signed by: _ Printed Name: Title: Date: Phone/Email: 26 244 FY 2022 — 2023 EMPA AGREEMENT ATTACHMENT A — SCOPE OF WORK GENERAL POLICY 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. Funds shall be allocated to implement and administer county emergency management programs, to ensure that the following activities are adhered to: • Planning; • Organization; • Equipment; • Training; • Exercise; and • 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." 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. TASKS AND QUARTERLY DELIVERABLES The Recipient must successfully complete the following tasks and deliverables throughout the period of performance. Quarterly deliverables must be submitted through the Salesforce portal. 27 245 TASK 1: CERTIFICATION OF COUNTY EMERGENCY MANAGEMENT STAFF A. EMERGENCY MANAGEMENT STAFF Each County Emergency Management Agency must annually certify on (Exhibit 3) their commitment to employ and maintain a director 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. To demonstrate successful completion of task 1 for quarter 1, the Recipient must submit the following item Salesforce portal: DELIVERABLES: • The Division Exhibit 3, Certification letter for the Emergency Management Director 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; Reporting Requirements: Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due Submit—Updates Only Submit—Updates Only Submit—Updates Only TASK 2: LOCAL BUDGET MATCH CERTIFICATION A. MATCH Throughout the period of this Agreement, and as required by Rule 27P-19.011(1), Florida Administrative Code, the Recipient shall match EMPA grant funds "at the amount either equal to the average of the previous three years' level of county general revenue funding for the County Emergency Management Agency budget or the level of funding for the County Emergency Management Agency budget for the last fiscal year, whichever is lower." In accordance with Rule 27P-19.011(2), Florida Administrative Code states (2) If the Base Grant recipient demonstrates that exceptional financial circumstances prevent the Base Grant recipient from complying with the match requirements in subsection 27P-19.011(1), F.A.C., then the Base Grant recipient may request that the Division authorize a reduction in the amount of match required. The match required shall not be reduced by a percentage amount in excess of reductions in funding for county 911 services, emergency medical services, law enforcement, criminal justice, public works or other emergency management related services. To be eligible for any reduction, the Base Grant recipient shall demonstrate and certify that the reduction is due to reductions in county general revenue funding and that 28 246 the amount of the requested reduction is equivalent to across the board reductions in all county budgets. County requests for reduction shall be signed by the county's chief elected officer and the certification of reduction in county budget funding shall be signed by the county's chief financial officer. Requests shall certify the intent to return to pre -reduced funding as soon as practicable, and shall provide an estimate of the date at which the county will return to the current level of funding. Requests for reduction shall also be accompanied by financial data for the previous three years indicating: the level of county funding for the County Emergency Management Agency budget; budget detail regarding all individual items of the County Emergency Management Agency budget; and the proposed level of funding, for all budget items, if the reduction is authorized by the Division. All requests for match reduction shall be submitted no later than forty-five (45) days after the county budget has been approved by the governing body of the jurisdiction, or the opportunity to request shall be waived. To demonstrate successful completion of task 2 for quarter 2, the Recipient must submit the following items in the Division's Salesforce system: 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 Due Submit—Updates Only Submit—Updates Only TASK 3: RESPONSE CAPABILITIES A. EQUIPMENT INVENTORY AND AVAILABILITY Section 252.25 (2)(s) and (t) Florida Statutes requires state and local governments to complete an inventory of portable generators which can operate during a major disaster. Non -expendable equipment purchased with Grant funds designed to aid in the response or recovery to/from a declared or non -declared disaster shall be inventories no later than March 31s' annually by the awardee. Upon notification by the Director or State Emergency Response Team (SERT) Chief of the Division, the entity in possession of the non -expendable equipment item shall make the item available for deployment on behalf of the Division. DELIVERABLES: • Complete an inventory of portable generators owned by the local governments which are capable of operating during a major disaster. The inventory must identify, at a minimum, o the location of each generator, the number of generators stored at each specific location. o the agency to which each generator belongs, o the primary use of the generator by the owner agency, and 29 247 o the names, addresses, and telephone numbers of persons having the authority to loan the stored generators as authorized by the division during a declared emergency. To demonstrate successful completion of task 3 for quarter 3, the Recipient must submit the following items to WEBEOC Equipment Inventory Board no later than March 31, 2023. Reporting Requirements: Quarter 1 Quarter 2 Quarter 3 Quarter 4 N/A N/A Deliverables Due Submit — Updates Only 30 248 FY 2022 — 2023 EMPA AGREEMENT ATTACHMENT A (1) ALLOWABE COSTS AND ELIGIBLE ACTIVITIES — BUDGET DIRECTIONS I. CATEGORIES AND ELIGIBLE ACTIVITIES The 2022 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. 31 249 Please Note: You can only charge 1% of the total award amount for apparel and promotional items. 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). 32 250 • 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). 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. 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. 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. 33 251 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 fifteen (15) 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 Integrated Preparedness Program (IPP) 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. 34 252 • 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 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, 35 253 • 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. 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/l04877). 36 254 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. • 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 Recipient in 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 Integrated Preparedness Program (IPP) 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. 37 255 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, 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. 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; • 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: hftps://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 EMPA 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 38 256 • 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. 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 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. 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 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. 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. 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. 39 257 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, 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: If a recipient fails to comply with the terms and conditions of the State award, the Division may terminate the award in whole or part. If the noncompliance can be corrected, the Division may first attempt to direct the recipient to correct the noncompliance. This may take the form of a Compliance Notification. If the noncompliance cannot be correct or the recipient is nonresponsive, one or more of the following steps may be taken: (1) Temporarily withhold payments pending correction of the deficiency by the recipient. (2) Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. (3) Wholly or partly suspend or terminate the award. (4) Take other remedies that may be legally available. 40 258 FY 2022 — 2023 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 as a 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. BUDGET SUMMARY AND EXPENDITURES RECIPIENT: INDIAN RIVER COUNTY AGREEMENT: A0237 1. PLANNING $ 2. ORGANIZATION $ 3. EQUIPMENT $ 4. TRAINING $ 5. EXERCISE $ 6. MANAGEMENT AND ADMINISTRATION $ 7. TOTAL AWARD $ 105,806.00 FY 2022-2023 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 Supplies Travel/per diem related to planning activities TOTAL PLANNING EXPENDITURES $ Allowable Organization Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits Utilities (electric, water and sewage) 41 259 Service/Maintenance agreements Supplies/Materials 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 Salaries and Fringe Benefits Develop, Deliver Training Workshops and Conferences 42 260 Certification/Recertification of Instructors Travel Supplies Overtime and Backfill TOTAL TRAINING EXPENDITURES $ Allowable Exercise Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits 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 TOTAL MANAGEMENT AND ADMINISTRATION EXPENDITURES TOTAL EXPENDITURES $105,806.00 REVISION DATE: 43 261 FY 2022 — 2023 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 Aril 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. The Division shall accept back up documentation by email if the County is not able to upload on Salesforce. B. The Quarterly Tasks form 1 B 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, 2022. 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, 2022, or along with 1 s 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, 2023, or 60 days after completion of activities contained in this agreement, whichever occurs first. F. An administrative closeout may be conducted when a recipient is not responsive to the Division's reasonable efforts to collect required reports, forms, or other documentation needed to complete the standard award and/or closeout process. FDEM will make three written attempts to collect required information before initiating an administrative closeout. If an award is administratively closed, FDEM may decide to impose remedies for noncompliance per 2 C.F.R. § 200.338, consider this information in reviewing future award applications, or apply special conditions to existing or future award 262 FY 2022— 2023 EMPA AGREEMENT ATTACHMENT B JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS Fiscal Year 2022 Anticipated Expenditures for (list applicable line items) First Three Months of Contract For example ADMINISTRATIVE COSTS: 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, but is not limited to the following: quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) *REQUESTS FOR ADVANCE PAYMENTS WILL BE CONSIDERED ON A CASE BY CASE BASIS* Signature of Recipient/Subcontractor's Authorized Official Date: Name and Title of Recipient/Subcontractor's Authorized Official MR 263 FY 2022 — 2023 EMPA AGREEMENT ATTACHMENT C CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 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 City, State, Zip Date Project Number 46 264 FY 2022— 2023 EMPA AGREEMENT ATTACHMENT D WARRANTIES AND REPRESENTATIONS Financial Management Recipient's financial management system must include the following: (1) Accurate, current, and complete disclosure of the financial results of this project or program. (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income, and interest. (3) Effective control over and accountability for all funds, property, and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request for Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition (1) All procurement transactions shall be done in a manner to provide open and free competition. (2) 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. 47 265 Codes of Conduct Recipient warrants the following: (1) The 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 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) ( 8:30 am to ( 5:00 pm Licensing and Permittinq 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. .• 266 FY 2022 — 2023 EMPA AGREEMENT ATTACHMENT E STATEMENT OF ASSURANCES 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: 16. 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. 16. 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. Sea.). 16. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 16. 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) 49 267 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 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 Recipient of funds, the Recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 50 FY 2022 - 2023 EMPA AGREEMENT ATTACHMENT F -REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT EMERGENCY MANAGEMENT PREAPAREDNESS AND ASSISTANCE GRANT PROGRAM 2022-2023 EMPA REPORTING FORMS 2022-2023 QUARTERLY REPORTING FORMS QUARTERLY REPORTS INCLUDE: Dvision Form 1A - Quarterly Financial Report, Division Form 1B - Quarterly Tasks, Division Forms 2A & 2B Detail of Claims �1. These forms are to be submitted to Division each quarter. �2. Complete Division Form 1A - Quarterly Financial Report by entering all information needed to support the claim for reimbursement, sign and date. Include a narrative in the box. Outlines of quarterly events, nor calendars will suffice for the required narrative. F3. Complete Division Form 16 - Quarterly Tasks to support that deliverables and tasks are being completed as required throughout the agreement, sign and date. F4. The Division Form 1A - Quarterly Financial Report form must be signed by the grant manager or someone with equal authority. r5. The Division Form 2A & 2B Detail of Claims forms must accompany the Division Form 1A - Quarterly Financial Report each quarter. P'6. Deliverables and Claims for reimbursement may be submitted via Salesforce or by email to the appropriate Division Grant Manager according to applicable region. FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399-2100 Attn: (Division Grant Manager) F7• It is the responsibility of the Recipient to properly notify the assigned Division Grant Manger when they upload required documentation to Salesforce or required platform. The Division is not responsible for delays to claim processing due to failure to notify the Division Grant Manager of document submissions via Salesforce. DIVISION Form 3 - Local Budget Match: r1. The Division Form 3 - Local Budget Match must be submitted to the Division in Quarter 2 submission. IF2. EMPA grants shall be matched at an amount equal to the average of the last three years' level of county general revenue funding of the County Emergency Management Agency or the level of funding for the County Emergency Management Agency for the last fiscal year, whichever figure is lower. �3. Division Form 3 - Local Budget Match Requirement shall be submitted to the Division when the local county budget is approved or by November 15, 2022. The County shall provide a copy of the current Emergency Management Local Budget (General Revenue) including approved budget date. If a Recipient's county's current local budget is lower then the previous year, or the average of the last three previous years, the recipient shall request a Waiver no later than 45 days after the county budget is approved. DIVISION Form 4 - Staffing Detail: �1. List ALL Emergency Management Agency staff, regardless of funding. Provide a total anticipated annual amount of Salaries and Benefits to be paid for each position. This form is due no later than November 15, 2022 or along with 1st quarter reimbursement submission, whichever occurs first. Please provide the Division updates to this form as necessary. r2. Along with Division Form 4 - Staffing Detail, please provide position descriptions for EMPA funded staff. IF3. Along with the Division Form 4- Staffing Detail, please provide documented policies for any fringe benefits, incentives or special pay to be claimed through the grant. DIVISION Form 5 - Close Out Report: �1. The Division Form 5 - Close Out Report is due sixty (60) days after termination of this Agreement by August 30, 2023, or 60 days after completion of activities contained in this agreement, whichever occurs first. Before submitting the Division Form 5 - Close Out Report, please verify that the local general revenue budget match amount as reported on Division Form 3 - Local Budget Match, has not changed since originally reported to the Division. If a difference is found please immediately notify the Division in writing of the discrepancy and provide a detailed justification for the change accompanied by supporting documentation. '2. The agreement cannot be considered closed until the Division Form 5 - Close Out Report has been received and approved by the Division. Required documentation to support project expenditures: �1. Recipients shall maintain a grant/financial file with copies of supporting documentation for all paid project/program expenditures claimed during the grant period. Documentation of expenditures claimed for reimbursement through the grant will be reviewed and verified by Division staff. Acceptable documentation includes copies of purchase orders and paid vouchers, paid invoices or cancelled checks, paystubs, journal transfers, credit card and bank statements, etc. These documents should be submitted when requesting reimbursement. F'2. All claims for reimbursement shall be submitted on the approved Division Quarterly Financial Reporting forms. Claims not submitted on the proper forms or that are unsupported by proper documentation will not be processed and will be returned for additional support. F3. Please ensure that the documentation submitted for review is legible. r4. Please verify form calculations for accuracy before submitting to the Division for review each quarter. 51 269 FY 2022 - 2023 EMPA AGREEMENT ATTACHMENT F -REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2022-2023 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE - EMPA DIVISION FORM 1A - QUARTERLY FINANCIAL REPORT AGREEMENT #: AWARD AMOUNT: RECIPIENT: COUNTY: ADDRESS: POINT OF CONTACT: PHONE/EMAIL: 123@gmail.com CLAIM #: 1 QUARTER #: 1 REPORTING FORMS DUE DATES (45 DAYS AFTER QUARTER) 1. July 1 - Sept. 30, 2022 = November 15, 2022 2. October 1 - Dec. 31, 2022 = February 15, 2023 3. January 1 - March 31, 2023 = May 15, 2023 4, April 1 - June 30, 2023 =August 15, 2023 EMPA ALLOCATION CATEGORIES BUDGETED Q1 CLAIM Q2 CLAIM Q3 CLAIM Q4 CLAIM ALLOCATIONS CUMULATIVE EXPENDED FUNDS REMAINING BALANCE 1. PLANNING $0.00 $0.00 $0.00 2. ORGANIZATION $0.00 $0.00 $0.00 3. EQUIPMENT $0.00 $0.00 $0.00 4. TRAINING $0.00 $0.00 $0.00 5. EXERCISE $0.00 $0.00 $0.00 6. MANAGEMENT AND ADMIN. (Up to 51%) $0.00 $0.00 $0.00 TOTAI-r $0.00 $0.00 r $0.00 r $0.00 $0.00 $0.00 $0.00 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 2022-2023 EMPA agreement. SIGNATURE: AUTHORIZED REPRESENTATIVE DATE QUARTERLY STATUS REPORT Please report EM activities, meetings, training, exercises, or other necessary information to su000rt quarterly oroaressicn. THE SECTION BELOW IS TO BE COMPLETED BY DIVISION AWARD AMOUNT DIVISION DATE RECEIVED STAMP PRIOR CLAIMS THIS CLAIM AMOUNT BALANCE OF AWARD 52 270 FY 2022 - 2023 EMPA AGREEMENT ATTACHMENT F -REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2022-2023 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT - EMPA DIVISION FORM 1 B -QUARTERLY TASKS Emergency Management Personnel RECIPIENT: QUARTER: July 1 -Sept. 30 EM Funded Staff Name & Position Title DELIVERABLES/TASK REQUIREMENTS T1: Proude Diusion Exhibit 3, certification of a full-time Emergency Management Director (Q1, any updates Q2 -Q4) T1: Proude Diusion Form 4 - Staffing Detail and position descriptions for funded emergency management staff. (Q1, any updates Q2 -Q4) T2: Proude Diusion Form 3 - Local Budget Match Requirement. (Q2, any updates Q3 -Q4) T2: Submit a copy of the current and accurate County Emergency Management Local Budget (General Revenue) including the budget approval date (Q2, any updates Q3 -Q4) T2: Submit a copy of the local EM general revenue expenditure (general ledger) report (Q2, any updates Q3 -Q4) T3: Response Capabilities- Completean inventory of portable generators owned by the local governments which are capable of operating during a major disaster on the WEBEOC Equipment Inventory board no later than March 31, 2023. (Q3, any updates Q4) COMMENTS Use for explanation that supports Training & Exercise progression. By signing this report, l 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 2022-2023 EMPA agreement. SIGNATURE: PRINTED NAME: TITLE: DATE: AUTHORIZED REPRESENTATIVE 53 271 FY 2022 - 2023 EMPA AGREEMENT ATTACHMENT F -REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2022-2023 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT - EMPA DIVISION FORM 2A - DETAIL OF CLAIMS RECIPIENT: INCURRED DATE RANGE: Example: July 1 through November 5, 2022 Please use separate Division Form 2A -Detail of Claims per allocation category. Please add additional pages or lines as needed for each allocation category. Please provide FEMAAEL numbers for EQUIPMENT eprenditures only. Please protide a budget recision 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 usuallythe quarterlypenod; 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 ofagreement). This allowance does not circumventthe four (4) required quarterly reporting forms submissions. ALLOCATION CATEGORIES PLEASE SELECT FROM THE LIST BELOW CATEGORY: ORGANIZATION # VENDOR DESCRIPTION OF OR EXPENSE EXPEN DATE OF SERVICE OR PAYM ENT FOR EXPENSE (Include ful date) PAYMENT REFERENCE (CHECK#,PO#, JT#, etc.) PURCHASE AMOUNT Equipment FEMA AE117 (N/Aif equipmentwas notpurchased) 1 Ex: Electric Company Monthly Utilities for July 2022 8/5/22 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 ey ag,Fing mist report, 1 cernry ""I lest or my Knowledge and owner roar me report is true, complete, accurate and the Fx*enditure; disbursements and Cash receipts are for the purposes and objectives set forth in the conditions of the 2022-2023 EM PA agreement. SIGNATURE: AUTHORIZED REPRESENTATIVE PRINTED NAME: DATE: 54 272 FY 2022 — 2023 EMPA AGREEMENT ATTACHMENT F -REPORTING FORMS 2022-2023 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT PROGRAM DIVISION FORM 213- DETAIL OF CLAIMS SALARIES AND FRINGE BENEFITS Pay Period: From: To: Sub -Recipient Name: Incurred Date Range: Claim #: DOES THIS CLAIM FOR REIMBURSMENT INCLUDE EXPENSES FOR ANY INCENTIVES OR SPECIAL PAY? Note: If this claim includes incentives or special pay, please provide FDEM with the written established policy for support. T V J C O d U a N C 1= U > 3 v m O Q •`- EM Funded staff Name a LL O O- iv o v a f0 c w "c = c 3 c Q m $ 15,000.00 SubTotals $ 15,000.00 $ Total Cost Charged to the Grant $ 15,000.00 "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 pruposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, orfradulent information, or the ommission 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: AUTHORIZED REPRESENTATIVE PRINTED NAME: TITLE: DATE: 55 273 FY 2022 - 2023 EMPA AGREEMENT ATTACHMENT F -REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2022-2023 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT - EMPA LOCAL BUDGET MATCH REQUIREMENT DIVISION FORM 3 - LOCAL BUDGET MATCH This form is to be completed 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. 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 Agency or the level of funding for the County Emergency Management AA encyforthe lastfiscal year, whichever figure is lower. Countygeneral revenue funding for911 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, F.S., shall not be included in determining the "level of countyfunding of the County Emergency Management Agency." Each countyshall certify compliance with this rule chapter and this rule, as a condition precedent to receipt of funding. (2) If the Base Grant recipient demonstrates that exceptional financial circumstances prevent the Base Grant recipient from complying with the match requirements in subsection 27P-19.011(1), F.A.C., then the Base Grant recipient may request that the Division authorize a reduction in the amount of match required. The match required shall not be reduced by a percentage amount in excess of reductions in funding for county 911 services, emergency medical services, law enforcement, criminal justice, public works or other emergency management related services. To be eligible for any reduction, the Base Grant recipient shall demonstrate and certify that the reduction is due to reductions in county general revenue funding and that the amount of the requested reduction is equivalent to across the board reductions in all county budgets. County requests for reduction shall be signed by the county's chief elected officer and the certification of reduction in county budget funding shall be signed by the countys chief financial officer. Requests shall certify the intent to return to pre -reduced funding as soon as practicable, and shall provide an estimate of the date at which the county will return to the current level of funding. Requests for reduction shall also be accompanied by financial data for the previous three years indicating: the level of county funding for the County Emergency Management Agency budget; budget detail regarding all individual items of the County Emergency Management Agency budget; and the proposed level of funding, for all budget items, if the reduction is authorized by the Division. All requests for match reduction shall be submitted no later than forty-five (45) days after the county budget has been approved or by the first quarter by the governing body ofthe jurisdiction, or the opportunity to re uest shall be waived. REQUIRED CERTIFICATION BY AUTHORIZED REPESENTATIVE I, , certify that the above match requirements have been met in accordance with the 2022-2023 EMPA Agreement and Rule 27P-19, Florida Administrative Code. I, , certify that (REcIPIENrs COUNTY), will not meet the match requirement. Attached is the request for waiver. PRINTED NAME: TITLE: DATE: 56 274 2022-2023 2021-2022 2020-2021 2019-202 0 LOWEST LOCAL LOCAL LOCAL LOCAL AVERAGE AVERAGE VS % $CHANGE $CHANGE (PREVIOUS 3 PREVIOUS 2021-2022 VS 2021-2022 VS 2021-2022 VS YEARS) YEAR AVERAGE AVERAGE 2020-2021 (1011121- (10/1120- (10/1/19- (10/1/1E - RECIPIENT 9/30/22) 9/30/21) 9/30/20 9130/19 Florida County (name) $100,000 $95,000 $90,000 $85,000 $90,000 2020-2021 10% $10,000 $5,000 This form is to be completed 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. 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 Agency or the level of funding for the County Emergency Management AA encyforthe lastfiscal year, whichever figure is lower. Countygeneral revenue funding for911 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, F.S., shall not be included in determining the "level of countyfunding of the County Emergency Management Agency." Each countyshall certify compliance with this rule chapter and this rule, as a condition precedent to receipt of funding. (2) If the Base Grant recipient demonstrates that exceptional financial circumstances prevent the Base Grant recipient from complying with the match requirements in subsection 27P-19.011(1), F.A.C., then the Base Grant recipient may request that the Division authorize a reduction in the amount of match required. The match required shall not be reduced by a percentage amount in excess of reductions in funding for county 911 services, emergency medical services, law enforcement, criminal justice, public works or other emergency management related services. To be eligible for any reduction, the Base Grant recipient shall demonstrate and certify that the reduction is due to reductions in county general revenue funding and that the amount of the requested reduction is equivalent to across the board reductions in all county budgets. County requests for reduction shall be signed by the county's chief elected officer and the certification of reduction in county budget funding shall be signed by the countys chief financial officer. Requests shall certify the intent to return to pre -reduced funding as soon as practicable, and shall provide an estimate of the date at which the county will return to the current level of funding. Requests for reduction shall also be accompanied by financial data for the previous three years indicating: the level of county funding for the County Emergency Management Agency budget; budget detail regarding all individual items of the County Emergency Management Agency budget; and the proposed level of funding, for all budget items, if the reduction is authorized by the Division. All requests for match reduction shall be submitted no later than forty-five (45) days after the county budget has been approved or by the first quarter by the governing body ofthe jurisdiction, or the opportunity to re uest shall be waived. REQUIRED CERTIFICATION BY AUTHORIZED REPESENTATIVE I, , certify that the above match requirements have been met in accordance with the 2022-2023 EMPA Agreement and Rule 27P-19, Florida Administrative Code. I, , certify that (REcIPIENrs COUNTY), will not meet the match requirement. Attached is the request for waiver. PRINTED NAME: TITLE: DATE: 56 274 FY 2022-2023 EMPA AGREEMENT ATTACHMENT F -REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2022-2023 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT - EMPA DIVISION FORM 4 -STAFFING DETAIL COUNTY EMERGENCY MANAGEMENT AGENCY ANTICIPATED SALARIES & BENEFITS SUB -RECIPIENT: POINT OF CONTACT: Jane Doe, Planner EMPLOYEE INFORMATION LOCAL STATE AND FEDERAL Only funded Staff Name, Position Title & Annual Area of Responsibility Total Salaries # (Preparedness, Response, Recovery, A46gation & Finance & Benefits $ by Position [t] 2 % % County Other General Fund Local (Local) Funds 3 4 % $ % $ % EMPA EMPA EMPG EMPG Total Base Grant Base Grant Base Grant Base Grant All (State) (State) (Federal) (Federal) Funds 5 (6] 7 [8] 9 1 Ex. Jane Doe, Director, ALL $ 60,000.00 50% $ 30,000.00 50% $30,000.00 100% 2 $ - $0.00 0% 3 $ $0.00 0% 4 $ $0.00 0% 5 $ $0.00 0% 6 $ $0.00 0% 7 $ $0.00 0% 8 $ $0.00 0°% 9 $ $0.00 0°% 10 $ $0.00 0% 11 $ $0.00 0% 12 $ $0.00 0°% 13 $ $0.00 0% 14 $ $0.00 0% 15 $ $0.00 0% 16 $ $0.00 0°% 17 $ $0.00 0% 18 $ $0.00 0% 19 $ $0.00 0% 20 $ $0.00 0°% TOTAL $ 30,000.00 $30,000.00 DIRECTIONS: 1. In Column #1, list the name, position title and area of responsibility(s) for all funded EMPA Emergency Management staff 2. In Column #2, list total anticipated annual amount of Salaries and Benefits to be paid for each EM funded position. 3. In Columns #3-5 & 7, protide the funding distribution (%) in each applicable column. 4. In Column #6, list the amount of Salaries and Benefits to be paid out of EMPA grant funds. 5. In Column #8, list the amount of Salaries and Benefits to be paid out of EMPG grant funds. 6. Column #9 calculates the sum of percentages entered in Columns 3 - 5 & 7 and must equal 100% of the anticipated annual salaries and benefits per EM position. 7. Please provide to the Division updates or revisions to this form throughout the period of the agreement, as necessan 8. This form is to be submitted to the Division along with the 1 st Quarter submission, or by November 15, 2022, whichever occurs first. 57 275 FY 2022 - 2023 EMPA AGREEMENT ATTACHMENT F -REPORTING FORMS FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2022-2023 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT - EMPA 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 termination date of the agreement. The 2022.2023 period of agreement ends on June 30, 2023. DIVISION Form 5 is due by August 30, 2023. RECIPIENT: AGREEMENT#: POINT OF CONTACT: EMPAAWARD AMOUNT: PHONE/EMAIL: UNCLAIMED BALANCE: ALLOCATION CATEGORIES ALLOCATIONS 1. PLANNING $ - 2. ORGANIZATION 3. TRAINING 4. EXERCISE 5. EQUIPMENr 6. MANAGEMENT AND ADMIN. $ AWARD AMOUNT: $ (LESS ADVANCED FUNDS) (LESS REIMBURSEMENTS) $ UNCLAIMED BALANCE OF AWARD $ R IMBURSOVENTS RECEIVED BY THE RECIPIENT (Include any advanced funds and final requested payment) DATE AMOUNT In accordance with Rule 27P-19.011, Florida Adrrinistrative Code, base grants shall be retched at an amount either equal to the average of the previous three years' level of county general revenue funding of the County Erergency Management Agency or the level of funding for the County Emergency Management Agency for the last fiscal year, whichever is lower. Required with this fora} the county needs to provide a copy of the current EM local budget (general revenue) and general ledger expenditure report as of 6/30/2023. AVERAGEOF 2022-2023 EM LOCAL RECIPIENT 2022-2023 2021-20202020-2019 2019-2018 PREVIOUS GENERAL REVENUE LOCAL LOCAL LOCAL LOCAL 3 YEARS EXPENDITURES E rn ple: FL County SIGNATURE REQUIRED Bysfgning this report, I certify to the best of my knowledge and belief that the report is true, complete, accurate and the eupendltures, disbursementsand cash receiptsare forthe purposesand objectivesset forth in the conditions of the 2022.2023 EMPA agreement. SIGNATURE AND DATE AUTHORIZED REPRESENTATIVE PRINTED NAMEAND TITLE Refund and/or final interest checks are due no later than ninety (90) days after the expiration of the agreement. Please submit this form and supporting documentation to: Florida Division of Emergency Management, 2555 Shumard Oak Blvd., Tallahassee, FL 32399, Attn: (Division Grant Manager) BELOW TO BE COM PLErED BY DIVISION SIGNATUREAND DATE DIVISION GRAM MANAGER SIGNATURE AND DATE DIVISION PROGRAMMATIC REVIEWER 58 276 GRANT NAME: EMPA Grant AGREEMENT# A0237 AMOUNT OF GRANT: $ 105,806.00 DEPARTMENT RECEIVING GRANT: Emergency Services-Emereencv Management CONTACT PERSON: David Johnson PHONE NUMBER: 772-226-3947 1. How long is the grant for? 1 year Starting Date: July 1. 2022 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 % N/A 5. Grant match amount required $ 105,806.00 N/A 6. Where are the matching funds coming from (i.e. In Kind Services; Reserve for Contingency)? EM Budget (208) 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? N/A (Attach a detail listing of costs) $ N/A 8. Are you adding any additionalpositions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Social Security 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 T 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 Com ensation N/A N/A N/A N/A N/A 012.17 S/Sec. Medicare Matchin N/A N/A N/A N/A N/A TOTAL N/A N/A N/A N/A N/A 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits OI)erating 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? Signature of Preparer: David Johnson Date: September 13, 2022 277 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 S N/A Signature of Preparer: David Johnson Date: September 13, 2022 277 CONSENT AGENDA INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: September 9, 2022 SUBJECT: Fiscal Year 2022/2023 State/County Contract Indian River County Health Department FROM: Kristin Daniels Director, Management & Budget DESCRIPTIONS AND CONDITIONS The Indian River County Health Department has submitted their annual contract for approval by the Board of County Commissioners. The contract, required under Chapter 154, Florida Statutes, contains the full annual operating budget, revenues and expenditure program plan for the Health Department for Fiscal Year (FY) 2022/2023. This contract provides for county funding of the Health Department. The direct contribution for FY 2022/2023 totals $775,604, which is level funding when compared to the current fiscal year contract. In addition, the County provides maintenance and operations for Health Department facilities. This is reflected as an in-kind contribution of $784,212.50 for a total County contribution of $1,559,816.50. FUNDING Funding for the Florida Department of Health contract is provided by the General Fund. The direct contribution is funded from account number 00110669-088190, and the in-kind contribution is provided in the Facilities Management budget in the General Fund. RECOMMENDATION Staff recommends the Board approve and authorize the Chairman to execute the contract. ATTACHMENTS Health Department Contract Cover Letter Health Department Contract 278 Mission: To protect, promote & improve the health of all people in Florida through integrated state, county & community efforts. September 8. 2022 HEALTH Vision: To be the Healthiest State in the Nation Jason Brown, Administrator Indian River County Board of County Commissioners 1801 27"' Street Vero Beach, FL 32960 RE: 2022-2023 State/County Contract Dear Mr. Brown, Ron DeSantis Governor Joseph A. Ladapo, MD, PhD State Surgeon General Please find attached (3) originals of the 2022-23 State and County contract for the operations of the Indian River County Health Department for your review and formal approval by the Indian River County Board of Commissioners. The contract, required under F.S. 154, contains the full annual operating budget: revenues and expenditure program plan for our health department. The total amount of the contract including all revenue sources and in-kind sources is $10,093.857. The county appropriation of $775.604 along with estimated building operational expenses of $903.666 are specified fiscal responsibilities of the Indian River County Board of Commissioners. The basic expenditure plan forecasts anticipated number of clients, services, and dedicated staff to each area served by the health department. As always. a quarterly report will be forwarded to your attention for review and a written explanation will be provided if the variance exceeds or falls below 25% of the planned expenditure amount for the contract year. Please feel free to call me at 794-7450 if you have any questions. We will be available to the Commission when the contract is presented. Sincerely, Miranda C. Swanson, M.P.H. Health Officer Enclosures Cc: Demonica Connell, Office of Budget and Revenue Management Florida Department of Health In Indian River County 1900 27th Street, Vero Beach, FL 32960 Accredited Health Department PHONE 772/794-7400 Public Health Accreditation ctlBQ19 WEBSITE: http:l/indiandveoddahealth.gov �� // FloridaHealth.gov CONTRACT BETWEEN INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AND STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE INDIAN COUNTY HEALTH DEPARTMENT CONTRACT YEAR 2022-2023 This contract is made and entered into between the State of Florida, Department of Health ("State"), and the Indian River County Board of County Commissioners ("County"), through their undersigned authorities, effective October 1, 2022. State and County are jointly referred to as the "parties". RECITALS A. Pursuant to Chapter 154, Florida Statutes, the intent of the legislature is to "promote, protect, maintain, and improve the health and safety of all citizens and visitors of this state through a system of coordinated county health department services." B. County Health Departments were created throughout Florida to satisfy this legislative intent through the "promotion of the public's health, the control and eradication of preventable diseases, and the provision of primary health care for special populations." C. Indian River County Health Department ("CHD") is one of the created County Health Departments. D. It is necessary for the parties hereto to enter into this contract to ensure coordination between the State and the County in the operation of the CHD. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. RECITALS. The parties mutually agree that the foregoing recitals are true and correct and incorporated herein by reference. 2. TERM. The parties mutually agree that this contract shall be effective from October 1, 2022, through September 30, 2023, or until a written contract replacing this contract is entered into between the parties, whichever is later, unless this contract is otherwise terminated according to the termination provisions outlined in paragraph 8. below. 3. SERVICES MAINTAINED BY THE CHD. The parties mutually agree that the CHD shall provide those services as outlined in Part III of Attachment II hereof, to maintain the following three levels of service pursuant to section 154.01(2), Florida Statutes, as defined below: a. "Environmental health services" are those services that are organized and operated to protect the health of the general public by monitoring and regulating activities in the environment that may contribute to the occurrence or transmission of disease. Environmental health services shall be supported by available federal, state, and local funds and shall include -e those services mandated on a state or federal level. Examples of environmental health services include but are not limited to, food hygiene, safe drinking water supply, sewage, and solid waste disposal, swimming pools, group care facilities, migrant labor camps, toxic material control, radiological health, and occupational health. b. "Communicable disease control services" are those services that protect the health of the general public through the detection, control, and eradication of diseases that are transmitted primarily by human beings. Communicable disease services shall be supported by available federal, state, and local funds and shall include those services mandated on a state or federal level. Such services include, but are not limited to, epidemiology, sexually transmissible disease detection and control, HIV/AIDS, immunization, tuberculosis control, and maintenance of vital statistics. c. "Primary care services" are acute care and preventive services that are made available to well and sick persons who are unable to obtain such services due to lack of income or other barriers beyond their control. These services are provided to benefit individuals, improve the collective health of the public, and prevent and control the spread of disease. Primary health care services are provided at home, in group settings, or in clinics. These services shall be supported by available federal, state, and local funds and shall include services mandated on a state or federal level. Examples of primary health care services include but are not limited to first contact acute care services; chronic disease detection and treatment; maternal and child health services; family planning; nutrition; school health; supplemental food assistance for women, infants, and children; home health; and dental services. 4. FUNDING. The parties further agree that funding for the CHD will be handled as follows: a. The funding to be provided by the parties and any other sources is outlined in Part II of Attachment II hereof. This funding will be used as shown in Part I of Attachment II, The State's appropriated responsibility (direct contribution excluding any state fees, Medicaid contributions, or any other funds not listed on the Schedule C) as provided in Attachment 11, Part II is an amount not to exceed $ 3,463,651 (State General Revenue, State Funds, Other State Funds and Federal Funds listed on the Schedule C). The State's obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. ii. The County's appropriated responsibility (direct contribution excluding any fees, other cash, or local contributions) as provided in Attachment II, Part 11 is an amount not to exceed $775,604 (amount listed under the 'Board of County Commissioners Annual Appropriations section of the revenue attachment). b. Overall expenditures will not exceed available funding or budget authority, whichever is less, (either the current year or from surplus trust funds) in any service category. Unless requested otherwise, any surplus at the end of the term of this contract in the County Health Department Trust Fund that is attributed to the CHD shall be carried forward to the next contract period. 281 c. Either party may establish service fees as allowed by law to fund activities of the CHD. Where applicable, such fees shall be automatically adjusted to at least the Medicaid fee schedule. d. Either party may increase or decrease funding of this contract during the term hereof by notifying the other party in writing of the amount and purpose for the change in funding. If the State initiates the increase or decrease, the CHD will revise Attachment II and send a copy of the revised pages to the County and the State's Office of Budget and Revenue Management. If the County initiates the increase or decrease, the County shall notify the CHD in writing. The CHD will then revise Attachment II and send a copy of the revised pages to the State's Office of Budget and Revenue Management. e. The name and address of the official payee to whom payments shall be made is: County Health Department Trust Fund Indian River County Health Department Accounts Receivable, 1900 27th Street Vero Beach, FL 32960-3383 5. CHD DIRECTOR or ADMINISTRATOR. Both parties agree the director or administrator of the CHD shall be a State employee or under contract with the State and will be under the day-to-day direction of the State's Deputy Secretary for County Health Systems. The director or administrator shall be selected by the State with the concurrence of the County. The director or administrator of the CHD shall ensure that non -categorical sources of funding are used to fulfill public health priorities in the community and the Long -Range Program Plan. 6. ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto agree that the following standards should apply in the operation of the CHD: a. The CHD and its personnel shall follow all State policies and procedures, except to the extent permitted for the use of County purchasing procedures as outlined in subparagraph b., below. All CHD employees shall be State or State -contract personnel subject to State personnel rules and procedures. Employees will report time in the Health Management System compatible format by program component as specified by the State. b. The CHD shall comply with all applicable provisions of federal and state laws and regulations relating to its operation with the exception that the use of County purchasing procedures shall be allowed when it will result in a better price or service and no statewide purchasing contract has been implemented for those goods or services. In such cases, the CHD director or administrator must sign a justification, therefore, and all County purchasing procedures must be followed in their entirety, and such compliance shall be documented. Such justification and compliance documentation shall be maintained by the CHD following the terms of this contract. State procedures must be followed for all leases on facilities not enumerated in Attachment IV. c. The CHD shall maintain books, records, and documents following the Generally Accepted Accounting Principles, as promulgated by the Governmental Accounting Standards Board, and the requirements of federal or state law. These records shall be maintained as 282 required by the State's Policies and Procedures for Records Management and shall be open for inspection at any time by the parties and the public, except for those records that are not otherwise subject to disclosure as provided by law which is subject to the confidentiality provisions of paragraphs 6.i. and 6.k., below. Books, records, and documents must be adequate to allow the CHD to comply with the following reporting requirements: The revenue and expenditure requirements in the Florida Accounting Information Resource System; and ii. The client registration and services reporting requirements of the minimum data set as specified in the most current version of the Client Information System/Health Management Component Pamphlet; and iii. Financial procedures specified in the State's Accounting Procedures Manuals, Accounting memoranda, and Comptroller's memoranda; and iv. The CHD is responsible for assuring that all contracts with service providers include provisions that all subcontracted services be reported to the CHD in a manner consistent with the client registration and service reporting requirements of the minimum data set as specified in the Client Information System/Health Management Component Pamphlet. d. All funds for the CHD shall be deposited in the County Health Department Trust Fund maintained by the state treasurer. These funds shall be accounted for separately from funds deposited for other CHDs and shall be used only for public health purposes in Indian River County. e. That any surplus or deficit funds, including fees or accrued interest, remaining in the County Health Department Trust Fund account at the end of the contract year shall be credited or debited to the State or County, as appropriate, based on the funds contributed by each and the expenditures incurred by each. Expenditures will be charged to the program accounts by State and County based on the ratio of planned expenditures in this contract and funding from all sources is credited to the program accounts by State and County. The equity share of any surplus or deficit funds accruing to the State and County is determined each month and at the contract year-end. Surplus funds may be applied toward the funding requirements of each party in the following year. However, in each such case, all surplus funds, including fees and accrued interest, shall remain in the trust fund until accounted for in a manner that clearly illustrates the amount which has been credited to each party. The planned use of surplus funds shall be reflected in Attachment Il, Part I of this contract, with special capital projects explained in Attachment V. f. There shall be no transfer of funds between the three levels of services without a contract amendment unless the CHD director or administrator determines that an emergency exists wherein a time delay would endanger the public's health and the State's Deputy Secretary for County Health Systems have approved the transfer. The State's Deputy Secretary for County Health Systems shall forward written evidence of this approval to the CHD within 30 days after an emergency transfer. 283 g. The CHD may execute subcontracts for services necessary to enable the CHD to carry out the programs specified in this contract. Any such subcontract shall include all aforementioned audit and record-keeping requirements. h. At the request of either party, an audit may be conducted by an independent certified public accountant on the financial records of the CHD, and the results made available to the parties within 180 days after the close of the CHD fiscal year. This audit will follow requirements contained in OMB Circular A-133, as revised, and may be in conjunction with audits performed by the County government. If audit exceptions are found, then the director or administrator of the CHD will prepare a corrective action plan and a copy of that plan and monthly status reports will be furnished to the contract managers for the parties. i. The CND shall not use or disclose any information concerning a recipient of services except as allowed by federal or state law or policy. j. The CHD shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for five years after termination of this contract. If an audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until the resolution of the audit findings. k. The CHD shall maintain the confidentiality of all data, files, and records that are confidential under the law or are otherwise exempted from disclosure as a public record under Florida law. The CHD shall implement procedures to ensure the protection and confidentiality of all such records and shall comply with sections 384.29, 381.004, 392.65, and 456.057, Florida Statutes, and all other state and federal laws regarding confidentiality. All confidentiality procedures implemented by the CHD shall be consistent with the State's Information Security Policies, Protocols, and Procedures. The CHD shall further adhere to any amendments to the State's security requirements and shall comply with any applicable professional standards of practice concerning client confidentiality. I. The CHD shall abide by all State policies and procedures, which by this reference are incorporated herein as standards to be followed by the CHD. m. The CHD shall establish a system through which applicants for services and current clients may present grievances over denial, modification, or termination of services. The CHD will advise applicants of the right to appeal a denial or exclusion from services, of failure to take account of a client's choice of service, and right to a fair hearing to the final governing authority of the CHD. Specific references to existing laws, rules, or program manuals are included in Attachment I of this contract. n. The CHD shall comply with the provisions contained in the Civil Rights Compliance and Non -Discrimination Certificate, hereby incorporated into this contract as Attachment Ill. o. The CHD shall submit quarterly reports to the County that shall include at least the following: The DE385L1 Contract Management Variance Report and the DE580L1 Analysis of Fund Equities Report; and ii. A written explanation to the County of service variances reflected in the year- end DE3851_1 report if the variance exceeds or falls below 25 percent of the planned expenditure amount for the contract year. However, if the amount of the service -specific variance between actual and planned expenditures does not exceed three percent of the total planned expenditures for the level of service in which the type of service is included, a variance explanation is not required. A copy of the written explanation shall be sent to the State's Office of Budget and Revenue Management. p. The dates for the submission of quarterly reports to the County shall be as follows unless the generation and distribution of reports are delayed due to circumstances beyond the CHD's control: March 1, 2023, for the reporting period of October 1, 2022, through December 31, 2022; and ii. June 1, 2023, for the reporting period of October 1, 2022, through March 31, 2023; and iii. September 1, 2023, for the reporting period of October 1, 2022 through June 30, 2023; and iv. December 1, 2023, for the reporting period of October 1, 2022 through September 30, 2023. 7. FACILITIES AND EQUIPMENT. The parties mutually agree that: a. CHD facilities shall be provided as specified in Attachment IV to this contract and the County shall own the facilities used by the CHD unless otherwise provided in Attachment IV. b. The County shall ensure adequate fire and casualty insurance coverage for County - owned CHD offices and buildings and all furnishings and equipment in CHD offices through either a self-insurance program or insurance purchased by the County. c. All vehicles will be transferred to the ownership of the County and registered as County vehicles. The County shall ensure insurance coverage for these vehicles is available through either a self-insurance program or insurance purchased by the County. All vehicles will be used solely for CHD operations. Vehicles purchased through the County Health Department Trust Fund shall be sold at fair market value when they are no longer needed by the CHD and the proceeds returned to the County Health Department Trust Fund. 285 8. TERMINATION. a. Termination at Will. This contract may be terminated by either party without cause upon no less than 180 calendar days' notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. b. Termination Because of Lack of Funds. In the event funds to finance this contract become unavailable, either party may terminate this contract upon no less than 24 hours' notice. c. Termination for Breach. This contract may be terminated by either party for a material breach of an obligation hereunder, upon no less than 30 days' notice. Waiver of a breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract. 9. MISCELLANEOUS. The parties further agree: a. Availability of Funds. If this contract, any renewal hereof, or any term, performance, or payment hereunder, extends beyond the fiscal year beginning July 1, 2023, it is agreed that the performance and payment under this contract are contingent upon an annual appropriation by the Legislature, under section 287.0582, Florida Statutes. b. Contract Managers. The name and addresses of the contract managers for the parties under this contract are as follows: For the State: Mayur Rao Name Administrative Services Director II Title 1900 27th Street Vero Beach, FI., 32960-3383 Address 772-794-7464 Telephone For the County: Kristin Daniels Name Budget Director Title 1801 27th Street Vero Beach, FI., 32960-3383 Address 772-567-8000 Ext. 1214 Telephone If different contract managers are designated after the execution of this contract, the name, address, email address, and telephone number of the new representative shall be furnished in writing to the other parties and attached to the originals of this contract. c. Captions. The captions and headings contained in this contract are for the convenience of the parties only and do not in any way modify, amplify, or give additional notice of the provisions hereof. z 286 d. Notices. Any notices provided under this contract must be delivered by certified mail, return receipt requested, in person with proof of delivery, or by email to the email address of the respective party identified in Section 9.b., above. In WITNESS THEREOF, the parties hereto have caused this eight page contract, with its attachments as referenced, including Attachment I (two pages), Attachment II (six pages), Attachment III (one page), Attachment IV (one pages), and Attachment V (one page), to be executed by their undersigned officials as duly authorized effective the 1St day of October 2022. BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA FOR INDIAN RIVER COUNTY DEPARTMENT OF HEALTH SIGNED BY: SIGNED BY: NAME: TITLE: DATE: ATTESTED TO: SIGNED BY: NAME: TITLE: DATE: NAME: Joseph A. Ladapo, M.D., Ph.D. TITLE: State Surgeon General DATE: xz w me_� C. TITLE: CHD Administrator DATE: 3 11 &1 2-2--- 287 ATTACHMENT INDIAN RIVER COUNTY HEALTH DEPARTMENT PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS Some health services must comply with specific program and reporting requirements in addition to the Personal Health Coding Pamphlet (DHP 50-20), Environmental Health Coding Pamphlet (DHP 50-21) and FLAIR requirements because of federal or state law, regulation or rule. If a county health department is funded to provide one of these services, it must comply with the special reporting requirements for that service. The services and the reporting requirements are listed below: Service 1. Sexually Transmitted Disease Program 2. Dental Health 3. Special Supplemental Nutrition Program for Women, Infants and Children (including the WIC Breastfeeding Peer Counseling Program) 4. Healthy Start] Improved Pregnancy Outcome Requirement Requirements as specified in F.A.C. 64D-3, F.S. 381 and F.S. 384. Periodic financial and programmatic reports as specified by the program office. Service documentation and monthly financial reports as specified in DHM 150-24t and all federal, state and county requirements detailed in program manuals and published procedures. Requirements as specified in the 2007 Healthy Start Standards and Guidelines and as specified by the Healthy Start Coalitions in contract with each county health department. 5. Family Planning Requirements as specified in Public Law 91-572, 42 U.S.C. 300, et seq., 42 CFR part 59, subpart A, 45 CFR parts 74 & 92, 2 CFR 215 (OMB Circular A-110) OMB Circular A-102, F.S. 381 .0051, F.A.C. 64F-7, F.A.C. 64F-16, and F.A.C. 64F-19. Requirements and Guidance as specified in the Program Requirements for Title X Funded Family Planning Projects (Title X Requirements)(2014) and the Providing Quality Family Planning Services (QFP): Recommendations of CDC and the U.S. Office of Population Affairs published on the Office of Population Affairs website. Programmatic annual reports as specified by the program office as specified in the annual programmatic Scope of Work for Family Planning and Maternal Child Health Services, including the Family Planning Annual Report (FPAR), and other minimum guidelines as specified by the Policy Web Technical Assistance Guidelines. 6. Immunization Periodic reports as specified by the department pertaining to immunization levels in kindergarten and/or seventh grade pursuant to instructions contained in the Immunization Guidelines -Florida Schools, Childcare Facilities and Family Daycare Homes (DH Form 150-615) and Rule 64D-3.046, F.A.C. In addition, periodic reports as specified by the department pertaining to the surveillance/investigation of reportable vaccine -preventable diseases, adverse events, vaccine accountability, and assessment of immunization ATTACHMENT I (Continued) 288 Attachment_I - Page 1 of 2 levels as documented in Florida SHOTS and supported by CHD Guidebook policies and technical assistance guidance. 7. Environmental Health Requirements as specified in Environmental Health Programs Manual 150-4* and DNP 50-21* 8. HIV/AIDS Program Requirements as specified in F.S. 384.25 and F.A.C. 64D-3.030 and 64D-3.031. Case reporting should be on Adult HIV/AIDS Confidential Case Report CDC Form DH2139 and Pediatric HIV/AIDS Confidential Case Report CDC Form DH2140. Requirements as specified in F.A.C. 64D-2 and 64D-3, F.S. 381 and F.S. 384. Socio -demographic and risk data on persons tested for HIV in CHD clinics should be reported on Lab Request DH Form 1628 in accordance with the Forms Instruction Guide. Requirements for the HIV/AIDS Patient Care programs are found in the Patient Care Contract Administrative Guidelines. School Health Services Requirements as specified in the Florida School Health Administrative Guidelines (May 2012). Requirements as specified in F.S. 381.0056, F.S. 381.0057, F.S. 402.3026 and F.A.C. 64F-6. 10. Tuberculosis Tuberculosis Program Requirements as specified in F.A.C. 64D-3 and F.S. 392. 11. General Communicable Disease Cary out surveillance for reportable communicable and other acute Control diseases, detect outbreaks, respond to individual cases of reportable diseases, investigate outbreaks, and carry out communication and quality assurance functions, as specified in F.A.C. 64D-3, F.S. 381, F.S. 384 and the CHD Epidemiology Guide to Surveillance and Investigations. 12. Refugee Health Program Programmatic and financial requirements as specified by the program office. .or the subsequent replacement if adopted during the contract period. 289 Attachment -1 - Page 2 of 2 U) w U z a LLJ a z LL f- ~ z w D M F' ~ �z CL W Ir CL — = a z J w w W O U } J z w D _ aa� U M z a0 ao ow z +� w z z 0.g N , 27 G f - O 0 U 2 -o U 0 0 m � E N L w (n 0 F- m 0 c!� S U os 0 m m E Co w U) N N O co O N U G m m co Qf c cG w 'D c 7 LL L F— Y U cc o to O 00 c N N 0) N V O M N cz N O r - m m M CO O cu O N C N O 00 M U M L O L ` L -a } a� a) .+ a o. ao _0 0 IL 04 0Q 175 04 3 m L. U O O 00 cn0 N m rn to N 'V co Cl? ti M G N O O LL N C O C L O dl U a o � � o O N N O O N V m O mO 4 290 Q ATTACHMENT H INDIAN RIVER COUNTY HEALTH DEPARTMENT Part II, Sources of Contributions to County Health Department October 1, 2022 to September 30, 2023 1. GENERAL REVENUE - STATE 015040 AIDS PATIENT CARE 015040 CHD - TB COMMUNITY PROGRAM 015040 FAMILY PLANNING GENERAL REVENUE 015040 PRIMARY CARE PROGRAM 015040 RACIAL. & ETHNIC DISPARITIES - CHD EXPENSES 015040 SCHOOL HEALTH SERVICES - GENERAL REVENUE 015050 CHD GENERAL., REVENUE NON -CATEGORICAL GENERAL REVENUE TOTAL 2. NON GENERAL REVENUE - STATE 015010 ENVIRONMENTAL BIOMEDICAL WASTE PROGRAM NON GENERAL REVENUE TOTAL 3. FEDERAL FUNDS- STATE 007000 AIDS DRUG ASSISTANCE PROGRAM ADMIN HQ 007000 WIC BREASTFEEDING PEER COUNSELING PROG 007000 COASTAL BEACH WATER QUALITY MONITORING 007000 COMPREHENSIVE COMMUNITY CARDIO - PHBG 007000 ELC COVID ENHANCED DETECTION EXPANSION GRANT 007000 FAMILY PLANNING TITLE X - GRANT 007000 HEALTH DISPARITIES GRANT COVID-19 007000 INFANT MORTALITY 007000 IMMUNIZATION ACTION PLAN 007000 MCH SPEC PRI SOCIAL DETERMINANTS HLTH COMM EDU 007000 BASE COMMUNITY PREPAREDNESS CAPABILITY 007000 BASE PUB HLTH SURVEILLANCE & EPI INVESTIGATION 007000 AIDS PREVENTION 007000 POOL SAFELY GRANT PROGRAM 007000 RYAN WHITE TITLE 1I GRANT/CHD CONSORTIUM 007000 WIC PROGRAM ADMINISTRATION 015075 SUPPLEMENTAL SCHOOL HEALTH FEDERAL FUNDS TOTAL 4. FEES ASSESSED BY STATE OR FEDERAL RULES • STATE 001020 CHD STATEWIDE ENVIRONMENTAL FEES 001092 ON SITE SEWAGE DISPOSAL PERMIT FEES 001092 CHD STATEWIDE ENVIRONMENTAL FEES 001206 ON SITE SEWAGE DISPOSAL PERMIT FEES 001206 SANITATION CERTIFICATES (FOOD INSPECTION) 001206 SEPTIC TANK RESEARCH SURCHARGE 001206 PUBLIC SWIMMING POOL PERMIT FEES -10% HQ TR:iNSFER 001206 DRINKING WATER PROGRAM OPERATIONS 001206 REGULATION OF BODY PIERCING SALONS 001206 TANNING FACILITIES State CHD County Total CHD Trust Fund CHD Trust Fund Other (cash) Trust Fund (cash) Contribution Total 100,000 0 100,000 0 100,000 27,700 0 27,700 0 27.700 40,889 0 40,889 0 40.889 183,226 0 183,226 0 183,226 52,000 0 52,000 0 52,000 170,032 0 170,032 0 170,032 1,508,076 0 1,508,076 0 1,508,076 2,081.,923 0 2.081,923 0 2,081,923 6,928 0 6,928 0 6,928 6,928 0 6,928 0 6,928 39,388 0 39,388 0 39,388 60,000 0 60,000 0 60,000 10,817 0 10,817 0 10,817 115,000 0 1.15,000 0 115,000 742.417 0 742.417 0 742.417 21.760 0 21,760 0 21,760 73,258 0 73.258 0 73,258 14,776 0 14,776 0 14,776 43,750 0 43,750 0 43,750 23,113 0 33,113 0 23,113 89,285 0 89.285 0 89,285 83,823 0 83.823 0 83,823 56,262 0 56,262 0 56,262 2,985 0 2,985 0 2,985 90.000 0 90,000 0 90,000 533,680 0 533,680 0 533,680 116.903 0 116.903 0 116.903 2,117.217 0 2,117,217 0 2.117,217 156,547 0 156,517 0 156,547 333,834 0 333.834 0 333,834 1,785 0 1,785 0 1.785 16,331 0 16,331 0 16,331 2,551 0 2,551 0 2.551 3,075 0 3.075 0 3.075 4,909 0 4.909 0 4,909 372 0 372 0 372 397 0 397 0 397 206 0 206 291 206 Attachment -11 -Part -11 - Page 1 of 3 ATTACIBMN'T II INDIAN RIVER COUNTY HEALTH DEPARTMENT Part II, Sources of Contributions to County Health Department October 1, 2022 to September 30, 2023 State CHD County Total CHD Trust Fund CHD Trust Fund Other (cash) Trust Fund (cash) Contribution 001206 TAT7'O PROGR,k\] ENVIRON11E\TAL HEALTH 1,443 0 1.443 0 001206 MOBILE HOA•IE & RV PARK FEES 1,829 0 I,829 0 FEES ASSESSED BY STATE OR FEDERAL RULES TOTAL 523,279 0 523,279 0 6. OTHER CASH CONTRIBUTIONS - STATE: 090001 DRAW DOWN FROM PUBLIC HEALTH UNIT OTHER CASH CONTRIBUTION TOTAL G. MEDICAID - STATE/COUNTY: 001057 CHD CLINIC FEES 001148 CHD CLINIC FEES MEDICAID TOTAL 7. ALLOCABLE REVENUE - STATE: 001004 CHD STATEI'PIDE ENVIRONAIENTAL FEES 031005 GENERAL CLINIC RABIES SERVICES & DRUG PURCHASES ALLOCABLE REVENUE TOTAL 8. OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND - STATE ADAP PHARMACY DRUG PROGRAM WIC PROGRAM BUREAU OF PUBLIC HEALTH LABORATORIES IMMUNIZATIONS OTHER STATE CONTRIBUTIONS TOTAL 9. DIRECT LOCAL CONTRIBUTIONS - BCCITAX DISTRICT 008005 HUMAN AND CH]LDRENS SERVICES PROGRAM 008005 CHD FEDERAL & LOCAL INDIRECT EARNINGS 008040 CHD LOCAL REVENUE & EXPENDITURES DIRECT COUNTY CONTRIBUTIONS TOTAL 10. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION • COUNTY 001077 CHD CLINIC FEES 001094 CHD LOCAL ENVIRONSIENTAL FEES 001110 VITAL STATISTICS CERTIFIED RECORDS FEES AUTHORIZED BY COUNTY TOTAL 11. OTHER CASH AND LOCAL CONTRIBUTIONS - COUNTY 001029 CHD CLINIC FEES 001090 CHD CLINIC FEES 010300 STATE UNDERGROUND PETROLEUM RESPONSE ACT 010300 MIGRANT LABOR HOUSING INSPECTION H•?A ]3ROGIIAM 011000 REVENUE CONTRACT/MOA WINO REPORTING REQUIREMENT 011000 HEALTHY START NURSE FAM PARTNERSHIP EXPAND CHD 0 0 104,292 0 104,292 0 0 11.148 0 49,088 0 60,236 6,357 0 10,500 0 16,857 0 0 0 104,292 0 104,292 0 11,148 0 49,088 0 60,236 0 6,357 0 10,500 0 16,857 0 Total 1.4-I3 1,829 523.279 0 104,292 104,292 11,148 49,088 60,236 6,357 10,500 16,857 0 0 0 406,227 406.27 0 0 0 1,375 1,375 0 0 0 2,083,919 2,083,919 0 0 0 18,135 18,135 0 0 0 36,205 36,205 0 0 0 2,545.861 2.545.861 0 80,485 80.485 0 80.485 0 11.967 11,967 0 11,967 0 775,604 775,604 0 775,604 0 868.056 868,056 0 868.056 0 10,774 10.774 0 10,774 0 306,439 306,139 0 306,439 0 265,000 265.000 0 265.000 0 582,213 582.213 0 58,213 0 10,855 10.855 0 10,855 0 4,535 4,535 0 4,535 0 2,530 2,530 0 2,530 0 1,565 1.565 0 1,565 0 18,612 18,612 0 18.612 0 89.212 89,212 0 89,212 7 Attachment -11 -Part -11 - Page 2 of 3 ATTACHMENT II INDIAN RIVER COUNTY HEALTH DEPARTMENT Part II, Sources of Contributions to County Health Department October 1, 2022 to September 30, 2023 293 Attachment-11—Part-11 - Page 3 of 3 State CHD County Total CHD Trust Fund CHD Trust Fund Other (cash) Trust Fund (cash) Contribution Total 011001 ('HD HEALTHY START COALITION C(-1N`Ci2ACT 0 2,090 3.090 0 2,090 090002 DRAW DOWN FROM PUBLIC HEALTH UNIT 0 137,073 137,073 0 137,073 OTHER CASH AND LOCAL CONTRIBUTIONS TOTAL 0 266,472 266,472 0 266,472 12. ALLOCABLE REVENUE • COUNTY 001004 CHD STATEWIDE ENVIRONMENTAL FEES 0 6,357 6.3-57 0 6,357 031005 GENERAL CLINIC RABIES SERVICES & DRUG PURCHASES 0 10,500 1.0,500 0 10,500 COUNTY ALLOCABLE REVENUE TOTAL 0 16,857 16,857 0 16,557 13. BUILDINGS • COUNTY ANNUAL RENTAL EQUIVALENT VALUE 0 0 0 501,531 501.531 OTHER (Specify) 0 0 0 0 0 UTILITIES 0 0 0 181375 182.375 BUILDING MAINTENANCE 0 0 0 100,306 100,306 DASIE HOPE - ANNUAL RENATL EQUIVALENT VALUE 0 0 0 76,395 76.395 DASIE HOPE - UTILITIES 0 0 0 27,780 27,780 DASIE HOPE - BUILDING MAINTENANCE 0 0 0 15,279 15,279 OTHER (Specify) 0 0 0 0 0 BMDINGS TOTAL 0 0 0 903,666 903.666 14. OTHER COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND - COUNTY EQUIPMENT 1 VEHICLE PURCHASES 0 0 0 0 0 VEHICLE INSURANCE 0 0 0 0 0 VEHICLE MAINTENANCE 0 0 0 0 0 OTHER COUNTY CONTRIBUTION (SPECIFY) 0 0 0 0 0 OTHER COUNTY CONTRIBUTION (SPECIFY) 0 0 0 0 0 OTHER COUNTY CONTRIBUTIONS TOTAL 0 0 0 0 0 GRAND TOTAL CHD PROGRAM 4,850,496 1,793,834 6,644.330 3,449,527 10,093,857 293 Attachment-11—Part-11 - Page 3 of 3 ATTACHMENT H INDIAN RIVER COUNTY HEALTH DEPARTMENT Part III, Planned Staffing. Clients, Services and Expenditures By Program Service Area Within Each Level of Service October 1, 2022 to September 30, 2023 Quarterly Expenditure Plan FTE's Clients Services/ lot 2nd 3rd 4th Grand (0.00) Unite Visits (Whole dollars only) State County Total , A. COMMUNICABLE DISEASE CONTROL: IMMUNIZATION (101) 2.82 829 1,113 75,454 64,690 75.454 64,690 80,017 200,271 280,288 SEXUALLY TRANS. DIS. (102) 3,80 985 476 89,836 77.021 89,&36 77,021 34.786 298,928 933,714 HIWAIDSPREVENTION (03A1) 3.12 0 3,479 67,349 57,742 67.349 57,743 250,183 0 250,183 IIIV/AIDS SURVEILLANCE (03A2) 0.07 0 0 1,411 1,210 1,411 1,209 5,241 0 5,241 HIV/AIDS PATI ENT CARE (03A3) 4.09 187 508 110,777 94,975 110,777 94,976 348,292 63,213 411,505 ADAP (03A4) 0.75 0 0 16,568 14,205 16,568 14,206 61,547 0 61.547 TUBERCULOSIS (104) 1.53 53 121 36,844 31.588 36,844 31,589 135,275 1.590 136.86.5 COMM. DIS. SURV. (106) 14.90 0 1.612 387,8.`18 332.514 387.838 332,514 1,440, 704 0 1,440,704 HEPATITIS (109) 0.00 0 0 0 0 0 0 0 0 0 PREPAREDNESS AND RESPONSE (116) 1.18 0 3 29.034 24,&92 29.034 24,893 107,853 0 107,853 REFUGEEHEALTH (118) 0.00 0 0 0 0 0 0 0 0 0 VIT-ALRECORDS (180) 2.52 11,201 25.600 40,570 34,783 40,670 34,783 0 150,706 150,706 COMMUNICABLE DISEASE SUBTOTAL 34.78 12,655 32.912 855,681 733,620 856,681 733,624 2.463.898 714.708 3,178.606 B. PRIMARY CARE: CHRONIC DISEASE PREVENTION PRO (210) 3.51 427 1, r, 72,512 62,169 72,512 62,168 869,361 0 269.361 WIC (21W1) 9.42 3,656 19,808 182.3(;0 1556,347 182.360 166,3.18 677,415 0 677,415 TOBACCO USE INTERVENTION (212) 0.00 0 0 0 0 0 0 0 0 0 WIC BREASTFEEDING PEER COUNSELING (21W2) 1.57 0 3,041 22,516 19,304 22.516 19,304 83,640 0 83A40 FAMILY PLANNINO (223) 3.56 110 206 81,437 69,821 81,437 69,821 95,180 207.336 302,516 IMPROVED PREGNANCY OUTCOME (225) 0.32 1 63 6,601 5,574 &501 5,575 24,151 0 24.151 HEALTHY START PRENATAL (227) 0.63 4 52 15,390 13,194 15,390 19,194 0 57,168 57,1&4 COMPREHENSIVE CHILD HEALTH (229) 0.00 0 0 0 0 0 0 0 0 0 HEALTHY START CHILD (231) 0.58 3 24 14,114 12,101 14,114 12,102 0 52.431 52.431 SCHOOL HEALTIl (234) 4.67 0 79,545 112.005 96.028 112.005 96,027 416,065 0 416.065 COMPREHENSIVE ADULT HEALTH (237) 0.00 0 0 0 0 0 0 0 0 0 COMMUNITY HEALTH DEVELOPMENT (238) 2.55 0 2,900 40,029 34.319 40,029 34,319 148,696 0 148,696 DENTAL HEALTH (240) 0.00 0 0 0 0 0 0 0 0 0 PRIMARY CARE SUBTOTAL 26.81 4,201 106,846 546,864 468,857 616.864 468,858 1,714,508 316,935 2,031,443 C. ENVIRONMENTAL HEALTH: Water and Onsite Sewage Programa COSTAL BEACH MONITORING (347) 0.08 58 58 4,169 3,574 4,169 3.574 15,365 121 15,486 LIMITED USE PUBLIC WATER SYSTEMS (367) 0.36 27 482 7,862 6.741 7,862 6,740 3.711 25.494 29.205 PUBLIC WATER SYSTEM (358) 0.11 4 167 2,512 2,154 2,512 2,155 42 9.291 9,333 PRIVATE WATER SYSTEM (359) 1.07 1 1,618 27, 726 23.771 27,726 23,770 410 102.583 102,993 ONSITE SEWAGE TREATMENT &DISPOSAL (361) 6-98 2.617 9.486 141.953 121,704 141453 121,705 336,500 190,815 527,315 Group Total 8.60 2,707 11,811 184,222 157,944 184,222 157,944 366,028 328.304 684,332 Facility Programs TATTOO FACILITY SERVICES (344) 0.17 118 47 3,753 3.218 3,753 3,217 13,722 21.9 13.941 FOOD HYGIENE (348) 1.64 138 372 $4,048 29,181 34,048 29,190 66,121 60,366 126,477 294 Atwhment il_Part III - Page 1 of 2 ATTACHMENT 11 INDIAN RIVER COUN`rY HEALTH DEPARTMENT Part III, Planned Staffing. Clients, Services and Expenditures By Program Service Area Within Each Level of Service October 1, 2022 to September 30, 2023 295 Attachnent_II_Pari_III - Page 2 of 2 Quarterly Expenditure Plan FTE's Clients Services/ 1st 2nd 3rd 4th Grand (0.00) Units Visits (Whole dollars only) State County Total BODY PIERCING FACILITIES SERVICES (349) O.OL _ 3 355 304 355 303 1.297 20 1.317 GROUP CARE FACILITY (351) 0,49 78 2 10,786 9,248 10,786 9,248 189 39.879 40,068 MIGRANT LABOR CAMP (352) 0.15 13 39 3,423 2,935 3,423 2.934 5,493 7,222 12,715 HOUSING & PUB. BLDG. (353) 0.13 0 22 3,326 2.852 3,326 2,851 48 12,307 12,355 MOBILE HOME AND PARK (354) 0.19 54 90 4,312 3,697 4,312 3,698 12,895 3,124 16,019 POOLS/BATHING PLACES (360) 1.74 397 1.250 37,811 32,417 37,811 32,417 60.355 80,101 1.10.456 BIOMEDICAL WASTE SERVICES (364) L62 499 531 32,804 28,125 SZ804 28,126 119,663 2.196 121,859 TANNING FACILITYSERVICES (369) 0.03 12 14 730 625 730 625 2.644 66 2,710 Group Total 6.17 1,311 2,440 131,348 112,612 131,3.18 112.609 282,427 205,490 487,917 Groundwater Contamination STORAGE TANK COMPLIANCE SERVICES (355) 0.00 0 0 0 0 0 0 0 0 0 SUPER ACT SERVICES (356) 0.04 5 10 918 787 91.8 787 14 3,396 3.410 Group Total 0.04 5 10 918 787 918 787 14 3,396 3,410 Community Hygiene COMMUNITY ENVIR. HEALTH (345) 0.05 0 128 1,143 980 1,143 979 1,389 2,856 4,245 INJURY PREVENTION (346 0.00 0 0 0 0 0 0 0 0 0 LEAD MONITORING SERVICES (350) 0.10 0 0 1,694 1,462 1,694 1,453 41 6,252 6,293 PUBLIC SEWAGE (362) 0.88 2 31 16,436 14,091 1G436 14,091 336 60,718 61,054 SOLID WASTE DISPOSAL SERVICE (363) 0.00 0 0 23 20 23 20 0 86 86 SANITARY NUISANCE (365) 0.09 21 5 2,479 2,126 2.479 2,126 36 9.174 9,210 RABIES SURVEILLANCE (366) 0.15 39 100 3,962 3,397 3.962 3.397 57 14.661 14.718 ARBORVIRUS SURVEIL. (367) 0.00 O 0 0 0 0 0 0 0 0 RODENTIARTHROPOD CONTROL (368) 0.00 0 0 0 0 0 0 0 0 0 RATER POLLUTION (370) 0.25 0 43 6,672 5.721 6,672 5,721 445 24,341 24.786 INDOOR AIR (37 1) 0.00 0 0 38 32 38 32 1 139 140 RADIOLOGICAL HEALTH (372) 0.00 0 0 19 16 19 15 0 69 69 TOXIC SUBSTANCES (373) 028 15 35 7,086 6,075 7,086 6,076 103 `36,320 26.323 Group Total 1.80 77 342 39.552 33,910 39.552 33,910 2,408 144.516 116,924 ENVIRONMENTAL HEALTH SUBTOTAL 16.61 4,100 14,603 356,040 305,253 356,040 305,250 640,877 681,706 1.322.583 D. NONOPERATIONAL COSTS: NONOPERATIONAL COSTS (599) 1.00 0 0 21.667 18,576 21,661 18,575 0 80,485 80,485 ENVIRONMENTAL HEALTH SURCHARGE (399) 0.00 0 0 8,376 7.181 8,376 7,180 $1,113 0 31,113 MEDICAID BUYBACK (611) 0.00 0 0 27 23 27 23 100 0 100 NONOPERATIONAL COSTS SUBTOTAL I,00 0 0 30,070 25.780 30,070 25.778 31,213 80,485 111,698 TOTAL CONTRACT 79.20 20,956 154,361 1,788,655 1,633,510 1.788,655 1,533,510 4,850.496 1,793,834 6,644,330 295 Attachnent_II_Pari_III - Page 2 of 2 ATTACHMENT III INDIAN RIVER COUNTY HEALTH DEPARTMENT CIVIL RIGHTS COMPLIANCE AND NON-DISCRIMINATION CERTIFICATE 1. The CHD agrees to complete the Civil Rights Compliance Questionnaire, DH Forms 946 A and B (or the subsequent replacement if adopted during the contract period), if so requested by the Department. 2. The CHD assures that it will comply with the Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. 3. Assurance of Civil Rights Compliance: The CHD hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.): Title II and Title III of the Americans with Disabilities Act (ADA) of 1990, as amended by the ADA Amendment Act of 2008 (42 U.S.G. 12131-12189) and as implemented by Department of Justice regulations at 28 CFR Parts 35 and 36; Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency" (August 11, 2000); all provisions required by the implementing regulations of the U.S. Department of Agriculture (7 CFR Part 15 et seq.); and FNS directives and guidelines to the effect that no person shall, on the ground of race, color, national origin, age, sex, or disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity for which the agency receives Federal financial assistance from FNS; and hereby gives assurance that it will immediately take measures necessary to effectuate this agreement. By providing this assurance, the CHD agrees to compile data, maintain records and submit records and reports as required to permit effective enforcement of the nondiscrimination laws, and to permit Department personnel during normal working hours to review and copy such records, books and accounts, access such facilities, and interview such personnel as needed to ascertain compliance with the non-discrimination laws. If there are any violations of this assurance, the Department of Agriculture shall have the right to seek judicial enforcement of this assurance. This assurance is given in consideration of and for the purpose of obtaining any and all Federal financial assistance, grants, and loans of Federal funds, reimbursable expenditures, grant or donation of Federal property and interest in property, the detail of Federal personnel, the sale and lease of, and the permission to use Federal property or interest in such property or the furnishing of services without consideration or at a nominal consideration, or at a consideration that is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale, lease, or 4. Confidentiality of Data, Files, and Records: The CHD agrees to restrict the use and disclosure of confidential USDA, Women, Infant, and Children (WIC) applicant and participant information as specified in 7 CFR § 246.26(d)(1)(i) in accordance with 7 CFR § 246.26(d)(1)(ii), as applicable. 296 Attachment -III - Page 1 of 1 C: t: /5\} E LU cn $!- \ci E - ��� 0mom k k E C, : 3 »k!!! ' $[} «\2 � \( {f , A)fltt\ { ƒ§!\ )» ) LL «) o �Z § 3f !(k\ t{ _- §Z - 5�3 o- ( � �- CONTRACT YEAR 2021-2022' 2022-2023** 2023-2024*" 2024-2025'** PROJECT TOTAL ATTACHMENT V INDIAN RIVER COUNTY HEALTH DEPARTMENT SPECIAL PROJECTS SAVINGS PLAN CASH RESERVED OR ANTICIPATED TO BE RESERVED FOR PROJECTS STATE COUNTY $ 280000 S 0 $ 0 $ 0 $ 0 $ 0 $ 0 S 0 $ 280000 S 0 SPECIAL PROJECTS CONSTRUCTION/RENOVATION PLAN TOTAL S 280000 $ 0 C n $ 0 $ 280000 PROJECT NUMBER: 82231100 PROJECT NAME: Indian River CHD - Flooring Project LOCATION/ADDRESS: 1900 27th Street, Vero Beach, Florida, 32960 PROJECT TYPE: NEW BUILDING ROOFING RENOVATION PLANNING STUDY NEW ADDITION OTHER X SQUARE FOOTAGE: 5400 PROJECT SUMMARY: Describe scope of work in reasonable detail. Carpets were originally replaced in early 2010. There is obvious wear and tear throughout the building. Over the course of time, there have been multiple leaks in the buidling. 298 Attachment_V - Page 1 of 1 -- � Sheri Eric Flowers :fes Indian River Countv Sheriff's Office September 9, 2022 The Honorable Peter O' Bryan, Chairman Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960-3388 Dear Chairman O' Bryan: Please accept this letter as my request to placed on the Board of County Commissioner's agenda to discuss the following items: Updating the false alarm ordinance. With improvements in technology, we are experiencing fewer false alarms and I am asking that a change to the current ordinance be considered. 2. Expansion of adult arcades throughout the county portends the need for enhanced local regulation. These facilities traditionally provided entertainment for many retirees and others and were often owned by county residents. As of late, they have been tied to large companies from out of county who have demonstrated a blatant disregard for the safety of our community. Arcades are now often tied to robberies, drug activity, illegal gambling and organized crime. 3. Regulation of sober homes/addiction treatment facilities. Sober homes in residential neighborhoods have proven problematic in many jurisdictions and a county ordinance governing their use is sought. 4. Residency restrictions for sexual offenders. Updates to the current ordinance to include updated definitions of permanent and temporary residences, child care facility, park, playground, sexual offender, and sexual predator. As well as additional expansions to provide protections to the children in our community. Please place these items under the Constitutional Officers for the September 20, 2022 Board agenda. If you have any questions or need additional information, please feel free to contact me. Since y, Eric Flowers Sheriff EF:nmj 4055 41st Avenue • Vero Beach, FL 32960 • (772) 569-6700 • www.iresheriff.org N ' Sheriff Eric Flowers Indian River County Sheriff's Office September 14, 2022 The Honorable Peter D. O'Bryan, Chairman Indian River Board of County Commissioners 180127th Street Vero Beach, FL 32960-3388 Re: 1. FY22 Auction Proceeds 2. FY22 Offender Fees Dear Chairman O'Bryan: Item #1: Our agency participated in an online auction of surplus property and vehicles throughout the fiscal year. The total auction proceeds were $32,379. After subtracting Unclaimed Property to be sent to the state and Forfeited Funds, the net amount to the agency is $21,274. In keeping with past practice, I respectfully request the proceeds to be used to acquire new like -kind property within the current fiscal year, pursuant to Chapter 274 of the Florida Statutes. Item #2: In accordance with the County Ordinance 306.07, I respectfully request $15,785 from the Offender Fees Reserve account to purchase the following items: Renewal of annual subscription for Offender Watch - Sex Offender Software $ 8,352 Renewal of annual subscription for Offender Watch - Mobile Service 597 Criminal Investigations Unit Equipment 6,336 Child Interview Room 500 $15,785 Please place these items under Constitutional Officers for the September 20, 2022 board agenda for discussion. Sincerely, Eric Flowers Sheriff 4055 41st Avenue • Vero Beach, FL 32960 • (772) 569-6700 • www.iresheriff.orgSa This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney SNI Public Hearings - B.C.C. 09.20.22 Ofc of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: September 13, 2022 ATTORNEY SUBJECT: Local Provider Participation Fund (LPPF) Assessment Resolution BACKGROUND. On September 14, 2021, the Indian River County Board of County Commissioners ("Board") voted to enact an ordinance establishing a local provider participation fund (LPPF) to assist in local hospitals covering unreimbursed Medicaid costs. The proposed assessment resolution and assessment roll for 2022 includes the following payment schedule: 1) Cleveland Clinic Health System - $2,281,523 2) Encompass Health - $216,606 3) Steward Health Care System - $667,846 Once collected, these funds, minus administrative costs if applicable, as identified in the LPPF ordinance, will then, through intergovernmental transfers, be provided to the Florida Agency for Health Care Administration ("AHCA"). Please note that the County will need to send a Letter of Agreement ("LOA") to AHCA by October 1St FUNDING. The proposed assessment is on real properties services. These assessments total $3,165,975. funds, minus administrative costs if applicable, Medicaid dollars from the Federal government. C:IUsenl fc-pm"ppDaaUf anTemplBCL Techmlogie,learyPDF81@BCLQa54006E04WCL@54006E04.d" that are licensed as a hospital and provide in-patient The County will collect these assessments and send the to AHCA, which will be able to draw down additional 301 Board of County Commissioners September 13, 2022 Page 2 RECOMMENDATION. County staff recommends that the Board open the public hearing, take public comment and then vote to approve the assessment resolution. County staff also recommends that the Board authorize the County Administrator or the County Attorney to execute the Letter of Agreement and any other documents necessary to effectuate the assessment. ATTACHMENTS. Draft Assessment Resolution Draft Assessment Roll Directed Payment Program Letter of Agreement C:IUsenlujc-prodlL4ppDoloV caRTemplBCL TechnalogiesLwyPDF 81@BCL®54006E041@BCLQS4006E04.doc 302 RESOLUTION NO. 2022 - AN ASSESSMENT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING AND ADOPTING A NON -AD VALOREM SPECIAL ASSESSMENT WITHIN THE COUNTY LIMITS FOR THE PURPOSE OF BENEFITING ASSESSED PROPERTIES THROUGH ENHANCED MEDICAID PAYMENTS FOR LOCAL SERVICES; FINDING AND DETERMINING THAT CERTAIN REAL PROPERTY IS SPECIALLY BENEFITED BY THE ASSESSMENT; COLLECTING THE ASSESSMENT AGAINST THE REAL PROPERTY; ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED ASSESSMENT AND THE METHOD OF ITS COLLECTION; AUTHORIZING AND DIRECTING THE PUBLICATION OF NOTICES IN CONNECTION THEREWITH; PROVIDING FOR CERTAIN OTHER AUTHORIZATIONS AND DELEGATIONS OF AUTHORITY AS NECESSARY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, hospitals in Indian River County's jurisdiction (the "Hospitals") annually provide millions of dollars of uncompensated care to uninsured persons and those who qualify for Medicaid because Medicaid, on average, covers only 60% of the costs of the health care services actually provided by Hospitals to Medicaid -eligible persons, leaving hospitals with significant uncompensated costs; and WHEREAS, the State of Florida (the "State") received federal authority to establish the Statewide Medicaid Managed Care Hospital directed payment program (the "DPP") to offset hospitals' uncompensated Medicaid costs and improve quality of care provided to Florida's Medicaid population; and WHEREAS, two of the three Hospitals have asked Indian River County (the "County") to impose a non -ad valorem special assessment upon certain real property interests held by the Hospitals to help finance the non-federal share of the State's Medicaid program, while the third Hospital is unopposed to the assessment; and WHEREAS, the only real properties interests that will be subject to the non -ad valorem assessments authorized herein are those belonging to the Hospitals; and WHEREAS, the funding raised by the County assessment will, through intergovernmental transfers ("IGTs") provided consistent with federal guidelines, support additional funding for Medicaid payments to some, but not necessarily all, Hospitals; and WHEREAS, the County acknowledges that the Hospital properties assessed will benefit directly and specially from the assessment as a result of the availability of above-described additional funding provided to said Hospitals; and US_Active\118603232W-1 303 WHEREAS, the County has an interest in promoting access to health care for its low- income and uninsured residents; and WHEREAS, leveraging additional federal support through the above-described IGTs to fund Medicaid payments to the Hospitals for health care services directly and specifically benefits the Hospitals' property interests and supports their continued ability to provide those services; and WHEREAS, imposing an assessment limited to Hospital properties to help fund the provision of these services and the achievement of certain quality standards by the Hospitals to residents of the County is a valid public purpose that benefits the health, safety, and welfare of the citizens of the County; and WHEREAS, the assessment ensures the financial stability and viability of the Hospitals providing such services; and WHEREAS, the Hospitals are important contributors to the County's economy, and the financial benefit to these Hospitals directly and specifically supports their mission, as well as their ability to grow, expand, and maintain their facilities in concert with the population growth in the jurisdiction of the County; and WHEREAS, the Board finds the assessment will enhance the Hospitals' ability to grow, expand, maintain, improve, and increase the value of their Indian River County properties and facilities under all present circumstances and those of the foreseeable future; and WHEREAS, the County is proposing a properly apportioned assessment by which all Hospitals will be assessed at a uniform rate that is compliant with 42 C.F.R. § 433.68(d); and WHEREAS, on September 14, 2021, the Board of County Commissioners adopted an ordinance, enabling the County to levy a uniform non -ad valorem special assessment, which is fairly and reasonably apportioned among the Hospitals' property interests within the County's jurisdictional limits, to establish and maintain a system of funding for IGTs to support the non- federal share of Medicaid payments, thus directly and specially benefitting Hospital properties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: Section 1. Definitions. As used in this Resolution, the following capitalized terms, not otherwise defined herein or in the Ordinance, shall have the meanings below, unless the context otherwise requires. Assessed Property means the real property in the County to which an Institutional Health Care Provider holds a right of possession and right of use through an ownership or leasehold interest, thus making the property subject to the Assessment. 2 US_Active\118603232\V-1 304 Assessment means a non -ad valorem special assessment imposed by the County on Assessed Property to fund the non-federal share of Medicaid and Medicaid managed care payments that will benefit hospitals providing Local Services in the County. Assessment Coordinator means the person appointed to administer the Assessment imposed pursuant to this Article, or such person's designee. Board means the Board of County Commissioners of Indian River County, Florida. County means Indian River County, Florida. Fiscal Year means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the County. Institutional Health Care Provider means a private for-profit or not-for-profit hospital that provides inpatient hospital services. Local Services means the provision of health care services to Medicaid, indigent, and uninsured members of the Indian River County community. Non -Ad Valorem Assessment Roll means the special assessment roll prepared by the County. Ordinance means the Indian River County Local Provider Participation Fund Ordinance. Section 2. Authority. Pursuant to Article VIII, Section 1(f) of the Constitution of the State of Florida, Chapter 125 of the Florida Statutes, and the Indian River County Local Provider Participation Fund Ordinance, the Board is hereby authorized to impose a special assessment against private for-profit and not-for-profit hospitals located within the County to fund the non- federal share of Medicaid payments associated with Local Services. Section 3. Special Assessment. The non -ad valorem special assessment discussed herein shall be imposed, levied, collected, and enforced against Assessed Properties located within the County. Proceeds from the Assessment shall be used to benefit Assessed Properties through availability of directed payment program that will benefit the Assessed Properties for Local Services. Section 4. Assessment Scope, Basis, and Use. Funds generated from the Assessment shall be used only to: 1. Provide to the Florida Agency for Health Care Administration the non-federal share for Medicaid managed care hospital directed payments to be made directly or indirectly in support of hospitals serving Medicaid beneficiaries; and US_Active\118603232\V-1 305 2. Reimburse the County for administrative costs associated with the implementation of the Assessment authorized by the Ordinance. If, at the end of the Fiscal Year, additional amounts remain in the local provider participation fund, the Board is hereby authorized either (a) to refund to Assessed Properties, in proportion to amounts paid in during the Fiscal Year, all or a portion of the unutilized local provider participation fund, or (b) if requested to do so by the Assessed Properties, to retain such amounts in the fund to transfer to the Agency in the next fiscal year for use as the non-federal share of Medicaid hospital payments. If, after the Assessment funds are transferred to the Agency, the Agency returns some or all of the transferred funding to the County (including, but not limited to, a return of the non-federal share after a disallowance of matching federal funds), the Board is hereby authorized to refund to Assessed Properties, in proportion to amounts paid in during the Fiscal Year, the amount of such returned funds. Section 5. Computation of Assessment. The Assessment shall equal 2.1% of net patient revenue for each Assessed Property specified in the attached Non -Ad Valorem Assessment Roll. The amount of the Assessment required of each Assessed Property may not exceed an amount that, when added to the amount of other hospital assessments levied by the state or local government, exceeds the maximum percent of the aggregate net patient revenue of all Assessed Hospitals in the County permitted by 42 C.F.R. § 433.68(f)(3)(i)(A). Assessments for each Assessed Property will be derived from data contained in cost reports and/or in the Florida Hospital Uniform Reporting System, as available from the Florida Agency for Health Care Administration. Section 6. Timing and Method of Collection. The amount of the assessment is to be collected pursuant to the Alternative Method outlined in §197.3631, Fla. Stat. The County shall provide Assessment bills by first class mail to the owner of each affected Hospital. The bill or accompanying explanatory material shall include: (1) a reference to this Resolution, (2) the total amount of the hospital's Assessment for the appropriate period, (3) the location at which payment will be accepted, and (4) the date on which the Assessment is due. No act of error or omission on the part of the Assessment Coordinator, Board, or their deputies or employees shall operate to release or discharge any obligation for payment of the Assessment imposed by the Board under the Ordinance and this resolution. Section 7. Public Hearing. Per the notice provided by first class mail sent on August 29, 2022 and notice published in the Indian River Press Journal on August 31, 2022, the Board has heard and considered objections of all interested persons prior to rendering a decision on the Assessment and attached Non -Ad Valorem Assessment Roll. Section 8. Responsibility for Enforcement. The County and its agent, if any, shall maintain the duty to enforce the prompfcollection of the Assessment by the means provided herein. The duties related to collection of assessments may be enforced at the suit of any holder of 4 US_Active\118603232\V-1 306 obligations in a court of competent jurisdiction by mandamus or other appropriate proceedings or actions. Section 9. Severability. If any clause, section, or provision of this resolution is declared unconstitutional or invalid for any reason or cause, the remaining portion hereof shall be in full force and effect and shall be valid as if such invalid portion thereof had not been incorporated herein. Section 10. Effective Date. This Resolution to be effective immediately upon adoption. This Resolution duly adopted this 20st day of September, 2022. The foregoing resolution was moved for adoption by Commissioner seconded by Commissioner , and adopted by the following vote: Chairman Peter D. O'Bryan Vice -Chairman Joseph E. Earman Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this _ day of September, 2022. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: ATTEST: Jeffrey R. Smith, Clerk Of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney Peter D. O'Bryan, Chairman US_Active\118603232\V-1 307 [Attachment- Assessment Roll] US_Active\118603232\V-1 308 VY O O vi N �r L1 m m N +O+ In O C N M 'C M L _i +� Ln Q IJ1 O.. Q Ln w N, L V uci axi OA c M m J Z v O 0 O O v O .L _m Ol m I't > O1 -I D M lD LO 41 r4 LLr l00 W Gl -i lD I- N T NLo lO f6 N t!1' V} a � Z Z Z 000000\0 00\0 n r, n 0 0 0 O O O O O O OO O 0 0 O 0 0 0 0 0 u u L f6 0 O 0 O 0 O ° 0 0 0 Lo Lo 0 m N Ln O1 cn N m m o0 mm 0 m N LD� co L N N Cl) J LL J LL M Q a J _ Ln z N um to c m m m m ru N- L�f1 O O � LO ma > c�-I > rM-I In u_ O c io u U + UJ 9• '6 C O_ O cli u >= 2 0 m > 6L> N U> Y O U m C C - p, L V L m+ m O m m u .0 m C O U= w F- ccli n U t 0 u E E m +, v L L 0) a, o v U = O o > c N �+ a v� +., w- N a C In m Cl. != U m — Qi) �'' Eai u o >� u InCL y}+j �v v U 2 LU 2 H Lr) p 0 0 0 p 0 m o u ri 0 0 G O N N G ci ei VY O OJ u u m CL io C E C1 Q Q 3 N C 3 O U L aj C C w O Q O U z LL F O Z Z~ z Q of Q O 2 Z Z_ Z oN w ad a LULnrrnnLL Z > QmLn� =F -O �02ZLnU- O Q� >�> r, Ln Ln J w F- m L Z ^ N w -i ° Lb Z LL > Q N m Z Z U z w w 0= w LV Z LL F- = Y U J o O w w In LL CUu w r O Z N 0 2 > d F- > LULI 2 0 0 cr ~ m w pLU t.0 Ln o ��pQ=v�OZQpovQOF2- Q; DocuSign Envelope ID: 8B50F830-9592-4E2A-A70D-CF9CEEF344CD Directed Payment Program Letter of Agreement THIS LETTER OF AGREEMENT (LOA) is made and entered into in duplicate on the day of 2022, by and between Indian River county LPPF (the "IGT Provider") on behalf of Region 9 , and the State of Florida, Agency for Health Care Administration (the "Agency"), for good and valuable consideration, the receipt and sufficiency of which is acknowledged. DEFINITIONS "Intergovernmental Transfers (IGTs)" means transfers of funds from a non -Medicaid governmental entity (e.g., counties, hospital taxing districts, providers operated by state or local government) to the Medicaid agency. IGTs must be compliant with 42 CFR Part 433 Subpart B. "Medicaid" means the medical assistance program authorized by Title XIX of the Social Security Act, 42 US.C. §§ 1396 et seq., and regulations thereunder, as administered in Florida by the Agency. "Directed Payment Program (DPP)," pursuant to the General Appropriation Act, Laws of Florida 2021-156, is the program that provides direct supplemental payments to eligible public and private entities that provide inpatient and outpatient services to Medicaid managed care recipients. A. GENERAL PROVISIONS 1. Per House Bill 5001, the General Appropriations Act of State Fiscal Year 2022- 2023,passed by the 2022 Florida Legislature, the IGT Provider and the Agency agree that the IGT Provider will remit IGT funds to the Agency in an amount not to exceed the total Of $2,870,123.00 . The IGT Provider and the Agency have agreed that these IGT funds will only be used for the DPP program. 2. The IGT Provider will return the signed LOA to the Agency. 3. The IGT Provider will pay IGT funds to the Agency in an amount not to exceed the total of $2,870,123.00 The IGT Provider will transfer payments to the Agency in the following manner: a. Per Florida Statute 409.908, annual payments for the months of July 2022 through June 2023 are due to the Agency no later than October 31, 2022, unless an alternative plan is specifically approved by the agency. b. The Agency will bill the IGT Provider when payment is due. 4. The IGT Provider and the Agency agree that the Agency will maintain necessary records and supporting documentation applicable to health services covered by this LOA in accordance with public records laws and established retention schedules. a. AUDITS AND RECORDS i. IGT Provider agrees to maintain books, records, and documents (including Indian River County LPPF DPP LOA SFY 2022-23 Region 9 311 DocuSign Envelope ID: 8B50F830-9592-4E2A-A70D-CF9CEEF344CD electronic storage media) pertinent to performance under this LOA in accordance with generally accepted accounting procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided. ii. IGT Provider agrees to assure that these records shall be subject at all reasonable times to inspection, review, or audit by state personnel and other personnel duly authorized by the Agency, as well as by federal personnel. iii. IGT Provider agrees to comply with public record laws as outlined in section 119.0701, Florida Statutes. b. RETENTION OF RECORDS The IGT Provider agrees to retain all financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to performance under this LOA for a period of six (6) years after termination of this LOA, or if an audit has been initiated and audit findings have not been resolved at the end of six (6) years, the records shall be retained until resolution of the audit findings. ii. Persons duly authorized by the Agency and federal auditors shall have full access to and the right to examine any of said records and documents. iii. The rights of access in this section must not be limited to the required retention period but shall last as long as the records are retained. c. MONITORING i. IGT Provider agrees to permit persons duly authorized by the Agency to inspect any records, papers, and documents of the IGT Provider which are relevant to this LOA. d. ASSIGNMENT AND SUBCONTRACTS The IGT Provider agrees to neither assign the responsibility of this LOA to another party nor subcontract for any of the work contemplated under this LOA without prior written approval of the Agency. No such approval by the Agency of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation of the Agency in addition to the total dollar amount agreed upon in this LOA. All such assignments or subcontracts shall be subject to the conditions of this LOA and to any conditions of approval that the Agency shall deem necessary. 5. This LOA may only be amended upon written agreement signed by both parties. The IGT Provider and the Agency agree that any modifications to this LOA shall be in the same form, namely the exchange of signed copies of a revised LOA. 6. IGT Provider confirms that there are no pre -arranged agreements (contractual or otherwise) between the respective counties, taxing districts, and/or the providers to re- direct any portion of these aforementioned supplemental payments in order to satisfy non - Medicaid, non -uninsured, and non -underinsured activities. Indian River County LPPF DPP LOA SFY 2022-23 Region 9 312 DocuSign Envelope ID: 8B50F830-9592-4E2A-A70D-CF9CEEF344CD 7. IGT Provider agrees the following provision shall be included in any agreements between IGT Provider and local providers where IGT funding is provided pursuant to this LOA. Funding provided in this agreement shall be prioritized so that designated IGT funding shall first be used to fund the Medicaid program and used secondarily for other purposes. 8. This LOA covers the period of July 1, 2022 through June 30, 2023 and shall be terminated September 30, 2023, which includes the states certified forward period. 9. This LOA may be executed in multiple counterparts, each of which shall constitute an original, and each of which shall be fully binding on any party signing at least one counterpart. DPP Local Intergovernmental Transfers Program / Amount State Fiscal Year 2022-2023 Estimated IGTs $2,870,123.00 Total Funding Not to Exceed $2,870,123.00 IN WITNESS WHEREOF, the parties have caused this page Letter of Agreement to be executed by their undersigned officials as duly authorized. IGT Provider SIGNED BY: NAME: Jason Brown TITLE: DATE: Indian River County LPPF Region 9 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION SIGNED BY: NAME: TITLE: DATE: DPP LOA SFY 2022-23 313 Ireasure Coast Newspapers PART OF THE LISA TODAY NETWO RK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION INDIAN RIVER COUNTY ATTORNEYS OFFIC 1801 27TH ST VERO BEACH, FL 32960-3388 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Issue(s) dated before where the dates are noted or by publication on the newspaper's website, if authorized, on 08131/2022 I I ............ LJ3- Subscribed and sworn to before on August 31 ;022: Notary, State of VVI, Coidrity of Brown 1-- 2 My commission expires =KATHLEEN ALLEN Publication Cost: $309,51 Notary Public Stato of Wisconsin Ad No:0005393051 of Wi Customer No. 1310775 PO #: LPPFHearing # of Affidavits 1 3 r: 1:3 —/ NOTICE OF HEARING REGARD- ING IMPOSING AND COLLECTING A NON -AD VALOREM SPECIAL ASSESSMENT FROM SPECIFIED HOSPITAL PROPERTIES Notice is hereby given that the Board of County Commis- sioners of Indian River County, Florida, will conduct a public hearing to consider the ap- proval of the imposition and collection of a non -ad valorem special assessment against each private for-profit and not-for-profit hospital that provides inpatient hospi- tal services and that holds a right of possession and right of use to real property in Indian River County teach, an "Assessed Property"). The list of affected hospitals is includ- ed at the conclusion of this notice. The assessment Is intended to finance Intergovernmental transfers, provided consistent with federalguidelines, that fund the non -federal -share of certain Medicaid and/or Med- icaid managed care payments. As a result, the assessment di- rectly and specially benefits Assessed Properties and sup- ports the provision of health care services to Medicaid, indi- gent, and uninsured members of the County's community, The public hearing will be held at the Board of County Commissioners Chambers at the Indian River County Ad- ministration Building A, locat- ed at 1801 27th St, Vero Beach, FL 32960 on Sep- tember 20, 2022, at 9:00 a.m., or as soon thereafter as the matter can be heard. At that time, the Board will receive public comment on the pro- posed special assessment. The Indian River County At- torney's Office has prepared the Non -Ad Valorem Assess- ment Roll being considered for approval. The roll contains the names of the Assessed Properties, the assessment rate, and the amount of the special assessment to be im- posed against each Assessed Property. The Nen-Ad Valorem Assessment Roll is available for inspection at the Indian River County Budget Office during regular business - hours from August 31, 2022 through September 20, 2022. The assessment rate set forth in the Non -Ad Valorem As- sessment Roll to be levied against the net patient reve- nue of each Assessed Property is 0.78%. At the date and time set forth in this notice, the Board of County Commissioners may: (1) approve the Non -Ad Valorem Assessment Roll, with such amendments as it deems just and right, and (2) adopt a resolution (the "Assessment Resolution") that describes; (a) the Medicaid payments proposed for funding from proceeds of the assessment, (b) the benefits to the As- sessed Properties, (c) the methodology for computin the assessed amounts, and ($ the method of collection, in- cluding how and when the as- sessment is to be paid. All interested persons have a right to appear at the hearing and to file written objections with the Board prior to the resolution vote. All objections n to the Non -Ad Valorem As- 2/� 1 ered for approval -must be made in writing, and filed with the County by Septem- ber 19, 2022. Written objec- tions should be sent to the at- tention of the Indian River County Board of County Com- missioners Office at 1801 27th St, Vero Beach, FL 32960. The amount of the assessment is to be collected pursuant an additional and alternative method, as specified in y 197.3631, Fla, Stat. Details will be included in the Assessment Resolution. If you are a person with disa- bility who needs any accom- modation to participate in this proceeding, you are enti- tled, at no cost to you, to the provision of certain assistance. Please contact Indian River County at (772) 226-1391 or by email at accessibility0ircggo v.com at least forty-eight (48) hours prior to the public hear- ing If you need special accom- modations. Pursuant to 5 286.0105, Fla. —Stat.—if a_person decides _to_—_- _ _ appeal any decision of the Board of County Commission- ers on any matter considered at the public hearing, he or she will need a record of the proceedings. For such pur- pose, a person appealing the decision may need to ensure the creation of a verbatim re- cord, which captures the testi- mony and evidence upon which the appeal is based. Indian River County, Florida List of Affected Properties: The special assessment Is to be levied against each private for-profit and not -far -profit hospital operating under a Florida hospital license affili- ated with the following pro- viders of inpatient hospital services that holds a right of possession and right of use to real property in Indian River County, Florida: Indian River Medical Center 1000 36th St Vero Beach, FL 32960 Parcel ID: 32393600000300000000 Encompass Health Rehabilita- tion Hospital of Treasure Coast 1600 37th St Vero Beach, FL 32960 Parcel ID: 32392600000700000000 Sebastian River Medical Center 13695 US HIGHWAY 1 Sebastian, FL 32958 Parcel ID: 30382500000002000000 Pub: August 31, 2022 TCN5393051 313-3 LU 7q 7 ssv-13 IseH 0 418099tie LLJ z z 313- INDIAN RIVER COUNTY MEMORANDUM TO: Jason E. Brown County Administrator FROM: Phillip Matson, AICP Community Development Director DATE: September 12, 2022 RE: Update to the County's variance criteria and application fees It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of September 20, 2022. BACKGROUND At the August 16, 2022, Board of County Commissioners meeting, the Board directed staff to re-examine the County's variance process as contained in Code Section 902.09. Specifically, the Board asked staff to look at the application fee, de -minimus setback allowance, and the overall process for reviewing and approving variances. ANALYSIS Staff reviewed the County's variance process, and the variance processes for several neighboring cities and counties, and identified the following preliminary changes/updates: 1. Fee reduction, reduce the application fee from $1,000 to $500 for small-scale applications (such as sheds, fences, minor setback changes). The $1,000 application fee will apply to large-scale applications (such as on commercial properties or for significant code deviations). Comment: While $500 may appear to be a large figure relative to the value of smaller projects such as fences and sheds, certain fixed costs (such as statutorily -required legal advertising and building and engineering review) apply to variances regardless of the cost of the project. 2. De -minimus setbacks, increase the maximum size of a de -minimus setback variance from the existing 0.5 feet. These are approved at the Staff level. Comment: The current de -minimus setback variance is overly stringent. Staff will recommend to the board an alternative de -minimus setback (in feet and/or percentage of the setback) after evaluating the nuisance, drainage, aesthetic, and or other impacts of proposed setback alternatives. 3. Variance criteria, reduce the number of variance criteria from eight to four in order to make the process more straightforward. Comment: Current criteria make variances difficult to obtain in all but a few circumstances. 314 In addition to the proposed changes to the variance process, Staff is drafting several changes to the existing regulations for accessory structures and fences. These changes will address some of the common requests such as additional fence height and additional accessory structures on residential properties without needing to go through the variance process for approval. RECOMMENDATION Staff recommends that the Board of County Commissioners review the preliminary changes to the variance process and provide direction. Staff will continue to examine the existing process, adjusting the text as needed, before presenting a more expounded recommendation in the near future. 315 12/212022 Update to the County's Variance Process On August 16, 2022, The Board of County Commissioners directed staff to re-examine the County's Variance process. Staff looked at: 1. Application Fees 2. De -Minimus setbacks 3. Variance criteria Update to the County's Variance Process PROPOSED CHANGES: 1. Application Fees - Reduce the application fee from $1000 to $500 for small-scale applications. 2. De -Minimus setbacks - Increase the De -minimus setback variance to 1.0 foot (from .5 feet). 3. Variance criteria - Reduce the number of variance criteria from 8 to 4. Update to the County's Variance Process In addition to streamlining the Variance process, staff is considering several changes to the existing regulations for fences and accessory structures. These changes will address some of the common variance requests, such as fence height and additional accessory structures, making the variance process unnecessary. Staff will return to the Board with a full recommendation in the near future. 12/2/2022 2 )ZI INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM s Assistant County Administrator / Department of General Services Parks and Recreation Date: September 13, 2022 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Beth Powell, Parks and Recreation Director From: Wendy Swindell, Conservation Lands Manager Subject: Updated Draft Environmental Lands Program Guide for the November 2022 Environmental Land Bond Referendum DESCRIPTION AND CONDITIONS: On March 8, 2022, the County Administrator provided the Indian River County Board of County Commissioners (`BOCC") with a proposed resolution authorizing an Environmental Land Bond Referendum for the November 8, 2022 ballot. Resolution 2022-016 was passed by majority vote. The Resolution calls for a Bond Referendum Election for the issuance of general obligation bonds as follows: To acquire and permanently preserve environmentally significant lands to restore the Indian River Lagoon, protect water resources, natural areas, wildlife habitat, drinking water resources, and construct public access improvements related thereto, shall Indian River County be authorized to issue general obligation bonds up to $50,000,000, maturing within 20 years from each issuance, not exceeding the legal maximum interest rate, payable from ad valorem taxes, with full public disclosure of all spending through annual independent audits? The Board further directed Staff to update the Environmental Lands Program Guide (ELP Guide) and to return with a proposal for a working group to serve the functions of what was previously known as the Land Acquisition Advisory Committee. A framework for the newly proposed Environmental Land Acquisition Panel structure is presented in the Draft ELP Guide. Staff has been working to update the ELP Guide with supporters of the referendum, while also researching other Florida environmental lands acquisition programs. Manatee County and Sarasota County are actively engaged in environmental lands acquisition programs. Both counties have acquisition processes that have been successfully implemented and their staff has provided feedback used to assist in the development of the County's updated Draft ELP Guide. 316 A summary of the proposed updates to the Draft ELP Guide include the following: SUMMARY OF CHAPTERS • Updated to reflect current content CHAPTER 1 (PURPOSE, OBJECTIVES & POLICIES) • Updated definitions to reflect changes in agencies • Definitions were amended/deleted/added as appropriate • Modified the objectives to reflect the current resolution • Updated the management goals CHAPTER II(RESPONSIBILITIES/RELATIONSHIPS) • Modified the formal review committee (Land Acquisition Advisory Committee) to a 9 - person advisory panel (Environmental Lands Acquisition Panel) • Outlined and updated the purpose and terms of office CHAPTER III (ENVIRONMENTAL RESOURCE PROTECTION METHODS) • Amended this section to solely include methods of land acquisition. Prior ELG had a description of other processes such as Zoning, Leases, Easement that were deemed unnecessary by Staff in collaboration with the County Attorney CHAPTER IV (FUNDING/FINANCING) • Updated the section to include current metrics and funding sources CHAPTER V (LAND ACQUISITION PROCESSES/PROCEDURES) • Updated the process to include the review procedures performed by the ELAP and County staff • Updated the process to include a new, simplified application form • Updated the evaluation matrix to reflect the resolution, current parameters and priorities • Updated the section to reflect changing conservation priorities including increased emphasis on biodiversity, sustainability, resiliency, and wildlife corridors • Modified the evaluation/prioritization process to reflect the conservation priorities in accordance with the resolution • Removed references to historic/cultural resources as a priority for acquisition • Modified language to address future land management and public use improvements • Updated language to reflect the current statutory dialect and to include a "Tiered" system CHAPTER VI (LAND MANAGEMENT) • Update the section to reflect the current operations and land management actions of the Conservation Lands Program 2 317 COMPREHENSIVE PLAN UPDATE • Updated the Appendix with the Comprehensive Plan Chapters to reflect the County's 2030 Comp Plan • Modified Application/Nomination Form • Modified Evaluation Table • Newly Structured Environmental Lands Acquisition Panel (ELAP) This Draft Environmental Lands Program Guide is subject to the review and approval of the Board of County Commissioners. Should the Environmental Lands Bond Referendum be approved by the voters on November 8, 2022, the ELAP will review and comment on the Environmental Lands Program Guide before final presentation to BOCC. FUNDING At this time, there are no funding requirements for this item. RECOMMENDATION Staff recommends the Indian River County Board of County Commissioners review the attached Draft Environmental Lands Program Guide and provide Staff with their comments and direction. ATTACHMENT: Draft Environmental Lands Program Guide with Appendices — updated September 2022 Approved Agenda Item for September 20, 2022 3 318 e' Ok 1 m` waw y i sI_ w � 11 ri } �-: ! "V-M;)m -, I TABLE OF CONTENTS (TO BE ADDED ONCE DRAFT IS APPPROVED) 320 INTRODUCTION 3 GENERAL OVERVIEW 4 5 The Environmental Lands Program Guide (ELP Guide) is to be used as the primary document that contains 6 the policies, standards, and procedures relating to environmentally significant land acquisition and 7 management activities. With respect to the ELP Guide, the Indian River County Board of County 8 Commissioners (BOCC) will have the ultimate approval authority on its adoption and revisions. The 9 Environmental Lands Acquisition Panel (ELAP) will maintain the ELP Guide and act in an advisory 10 capacity to the County Commissioners. 11 12 The ELAP will receive and review proposals for purchase and make specific land acquisition 13 recommendations. Notwithstanding any section of the ELP Guide to the contrary and except for matters 14 that are required to be confidential, such as appraisals, the ELAP shall review and make recommendations 15 with respect to all environmental land acquisition matters before said matters are presented to the BOCC. 16 County staff will be available at the direction of the County Administrator. Although the ELP Guide will 17 be the primary source for policy and procedural guidance, the Indian River County Comprehensive Plan 18 and the Indian River County Land Development Code, as well as the Comprehensive Plans of 19 municipalities in the County, will also be used as they contain goals, policies, and objectives relating to 20 land acquisition. 21 22 On March 8, 2022, the BOCC approved Resolution 2022-016 which called for an Environmental Bond 23 Referendum for the qualified electors to consider in the November 8, 2022 general election. The referendum 24 will determine whether an environmental bond should be pursued to provide for the funding towards the 25 acquisition of environmentally significant lands to restore the Indian River Lagoon, protect water resources, 26 drinking water sources, wildlife habitat and natural areas, and construct public access improvements related 27 thereto. 28 29 The BOCC committed to do the following in the event that the 2022 Referendum is approved by the voters: 30 31 A. Seek matching funds in connection with the acquisition of the Projects (as defined in the 32 Resolution) to the maximum extent such matching funds are available; 33 34 B. Make specific provisions for annual independent audit of the uses of the proceeds of the Bonds. 35 36 The BOCC committed also to revise the 2004 ELP Guide to provide criteria and guidelines for the 37 acquisition process under the 2022 Bond Referendum. The original ELP Guide was developed in 38 conjunction with the County's 2004 Environmental Bond Referendum, of which all funds have been 39 allocated. 40 41 The purpose of the ELP Guide includes the following: 42 43 1. To provide the policies and procedures involved in land acquisition and long-term management in 44 one document that may be modified over time. 45 46 2. To provide a uniform process for land acquisition and management that will be utilized throughout 47 the county. 48 49 3. To provide the public, county staff, and parties involved in the acquisition process with a document 50 that outlines this process in a format that is readily available and clear in its presentation. 51 2 9/6/2022 6:36:42 PM 321 The ELP Guide serves as a reference for the ELAP throughout the planning process. Three main principles contained in the ELP Guide are: 3 4 1. Acquisition of lands consistent with the resource/conservation goals, 5 objectives, and policies set forth by the County; 2. Acquisition of lands when other means of protection (e.g., land use regulation) are not effective; and 10 3. Acquisition, when possible, through the use and assistance of state and 11 federal funds. 12 13 The primary objective of the ELP Guide is to outline procedures for the acquisition of environmentally 14 significant lands. Such lands are unique and irreplaceable, and contain excellent examples of natural 15 communities including, but not limited to: forest resources; plants; animals; coastal and wetland resources; 16 and surface and groundwater resources. 17 18 A secondary objective of the ELP Guide is to outline procedures for management of acquired lands so that 19 these lands are restored and/or managed to maximize their ecological value, and developed for passive 20 recreational uses such as hiking and nature trails, educational nature centers, and elevated boardwalks. The 21 acquisition process will consider the cost associated with these public access improvements, as well as the 22 cost associated with habitat management and restoration. 23 24 The BOCC has the final authority to establish land acquisition policies, procedures, priorities, standards 25 and criteria. The BOCC also approves specific proposals for acquisition, based on the recommendations 26 from the ELAP. In making its recommendations, the ELAP follows the procedures set forth in the ELP 27 Guide, and is advised by county staff. County staff are also responsible for: ensuring that the proposals are 28 properly reviewed by the ELAP, coordinating comments, conducting intergovernmental coordination 29 activities, preparing approval/recommendation memoranda, and negotiating for purchases. T 9/6/2022 6:36:42 PM 322 1 SUMMARY OF CHAPTERS 2 Chapter I sets forth the purpose of the ELP Guide, as well as objectives and policies to direct land 3 acquisition actions. 4 Chapter II describes the responsibilities and relationships of the BOCC, the ELAP and county staff in 5 carrying out the objectives and policies of the ELP Guide. 6 Chapter III summarizes the various methods that can be used to protect environmental resources, with fee 7 title purchase being just one of several alternatives. 8 Chapter IV provides brief descriptions of the various funding/financing approaches that can be utilized for 9 land acquisition, including joint acquisition programs, local funding mechanisms, and private, cooperative 10 acquisition. 11 Chapter V is the crux of the ELP Guide, detailing the land acquisition process and procedures. Included 12 in this chapter is the Evaluation/Prioritization Matrix and land evaluation criteria descriptions. 13 Chapter VI provides information on conservation land management responsibilities, funding sources, 14 needs and priorities. 15 The appendices of the ELP Guide are excerpts from important reference documents such as the County 16 Comprehensive Plan and the BOCC Resolution No. 22-016, which provided the framework for carrying 17 out the environmental bond referendum. It would be the responsibility of the BOCC to approve the members 18 of the ELAP. Also included is a sample land acquisition nomination application, and information on the 19 evaluation of parcels. ce 21 22 23 24 25 26 27 28 29 30 31 MAINTENANCE OF THE ENVIRONMENTAL LANDS PROGRAM GUIDE Responsibility. In order to carry out the responsibilities of maintaining the ELP Guide in a correct and up-to-date manner, the County Administrator shall identify a county staff member whose duties will include coordinating all guide issuances and keeping the guide up-to-date. Amendment and Updating Procedure. The ELP Guide may be amended by a majority vote of the BOCC. The ELAP shall periodically conduct a review of the ELP Guide and shall make recommendations to the BOCC regarding proposed ELP Guide revisions, as warranted. 9/6/2022 6:36:42 PM 4 MI 1 CHAPTER I 2 PURPOSE, OBJECTIVES & POLICIES 3 4 PURPOSE 5 This ELP Guide is to assist the ELAP through the planning process and the procedures that lead to decisions 6 on the acquisition of land. 7 Land acquisition is initiated by the identification of a need to meet certain objectives that require a property 8 base - one that has the potential for acquisition. Acquisition involves obtaining full control (fee title) or 9 partial control through easements, leases, or agreements. 10 11 The following terms and definitions are to aid in interpreting this manual. 12 Acquisition Study. A compilation of facts, data and information which will support a recommendation 13 by the ELAP to the County Commission for a land acquisition decision. A proposal for the Florida 14 Forever Program, or other comprehensive land acquisition process may serve as an acquisition study. 15 Due Diligence. Investigation and review of property prior to acquisition, including, without limitation, 16 independently conducted appraisals, title searches and commitments, survey, environmental 17 assessment and any other items deemed necessary by County staff in connection with a proposed 18 acquisition. 19 Important Resource Problem. An issue of substantial environmental concern found within Indian 20 River County. The ELAP selects and establishes priority ranking for important resource problems. 21 Interest. A right, claim, or legal share in land such as lease, easement, fee title, water rights, mineral 22 rights, and use reservation. 23 Environmentally Endangered Lands. Environmentally unique and irreplaceable lands that are valued 24 ecological resources. The Florida Forever Program Acquisition and Restoration Council (ARC) 25 identifies the following goals, performance measures and criteria for selecting Environmentally 26 Endangered Lands: 27 Goal A: Enhance the coordination and completion of land acquisition projects 28 Goal B: Increase the protection of Florida's biodiversity at the species, natural 29 community, and landscape levels 30 Goal C: Protect, restore, and maintain the quality and natural functions of land, water 31 and wetland systems of the state 32 Goal D: Ensure that sufficient quantities of water are available to meet the current and 33 future needs of natural systems and the citizenry of the state 34 Goal E: Increase natural resource-based public recreation or educational opportunities 35 36 Goal F: Preserve significant archaeological or historic sites 5 9/6/2022 6:36:42 PM 324 I Goal G: Increase the amount of forestland available for sustainable management of 2 natural resources 3 Goal H: Increase the amount of open space available, in urban areas 4 Goal I: Mitigate the effects of natural disasters and floods in developed areas 5 Environmentally Important Lands. Policy 6.11 of the Conservation Element of the Indian River 6 County 2030 Comprehensive Plan states "Undeveloped tracts of xeric scrub and coastal/tropical 7 hammocks 5 acres or larger shall be deemed environmentally important, in recognition of their scarcity 8 and natural values, and in recognition of the public interest in encouraging the conservation of plants 9 and animals associated with these vegetation communities. The county shall encourage the 10 conservation of xeric scrub and coastal/tropical vegetative communities by establishing density 11 transfer and cluster development incentive land use regulations to apply to these environmentally 12 important areas." 13 Environmentally Sensitive Lands. Policy 5.4 of the Conservation Element of the Indian River 14 County 2030 Comprehensive Plan states "In recognition of the many natural functions and values of 15 estuarine wetlands, and in recognition of the need to protect these resources from incompatible land 16 uses for the sake of the public interest, all estuarine wetlands habitats shall be deemed environmentally 17 sensitive and designated C-2, Estuarine Wetlands Conservation, on the comprehensive plan future 18 land use map. Consistent with Future Land Use Policy 1.31, the specific boundaries of estuarine 19 wetlands and the C-2 designation shall be determined on a site -by -site wetland survey basis." 20 Environmentally Significant Lands. Lands with natural features that warrant conservation and 21 protection in the public interest. The term includes those lands defined herein as "environmentally 22 endangered", "environmentally important", and "environmentally sensitive." "Environmentally 23 significant lands" also include: native plant communities which are not necessarily endangered but are 24 pristine and representative of the community type; and, altered ecosystems with reasonable potential 25 for restoration to correct environmental damage that has occurred. 26 Florida Forever Act. Legislation (259.105, F.S.) adopted by the State in 1999, creating a 10 -year, 27 $3 billion land and water conservation program, succeeding the 10 -year Preservation 2000 program 28 that was established in 1990. Pursuant to 259.105(4), F.S., the Florida Forever Acquisition and 29 Restoration Council shall pursue projects that contribute to the achievement of the following goals: 30 (1) Enhance the coordination and completion of land acquisition projects 31 (2) Increase the protection of Florida's biodiversity at the species, natural community, 32 and landscape levels 33 (3) Protect, restore, and maintain the quality and natural functions of land, water, and 34 wetland systems of the state 35 (4) Ensure that sufficient quantities of water are available to meet the current and 36 future needs of natural systems and the citizens of the state 37 38 (5) Increase natural resource-based public recreational and educational opportunities 39 (6) Preserve significant archaeological or historic sites 6 9/6/2022 6:36:42 PM 325 1 (7) Increase the amount of forestland available for sustainable management of natural 2 resources 3 (8) Increase the amount of open space available in urban areas 4 (9) Mitigate the effects of natural disasters and floods in developed areas 5 Florida Wildlife Corridor Act. Chapter 259.1055, F.S. describes the Florida Wildlife Corridor Act. 6 This law was enacted in 2021 for the purpose of creating incentives for conservation ad sustainable 7 development while sustaining and conserving the green infrastructure that is the foundation of the 8 state's economy and quality of life. 9 The Act seeks to: 10 (1) maintain wildlife access to habitats needed to allow for migration of and genetic 11 exchange amongst regional wildlife populations 12 (2) prevent fragmentation of wildlife habitats 13 (3) protect the headwaters of major watersheds 14 (4) provide ecological connectivity of the lands needed for flood and sea -level rise 15 resiliency and large-scale ecosystem function, such as water management and 16 prescribed burns essential for land management and restoration 17 (5) preserve and protect land and waters that are not only vital to wildlife but are 18 critical to this state's groundwater recharge and that serve as watersheds that 19 provide drinking water to most Floridians and help maintain the health of 20 downstream estuaries 21 (6) providing for wildlife crossings for the protection and safety of wildlife and the 22 traveling public 23 (7) help to sustain this state's working ranches, farms, and forests that provide 24 compatible wildlife habitats while sustaining rural prosperity and agricultural 25 production 26 Greenway. A corridor of protected open space that is managed for conservation and/or recreation. 27 Greenways associated with water bodies may interchangeably be referred to as "blue ways." 28 Inactive Status. A designation given to sites on the ELAP Acquisition List when no landowner 29 contact has occurred for 6 months or more due to lack of response on the part of the landowner(s). 30 When a site is designated as inactive, generally no further County action or negotiations will occur 31 unless initiated by the landowner. 32 Indian River County Environmental Lands Program Guide. This document, adopted by the 33 BOCC, serves as the ELP Guide. 34 35 Interest. A right, claim, or legal share in land such as lease, easement, fee title, water rights, mineral 36 rights, and use reservation. 7 9/6/2022 6:36:42 PM 326 1 Land Acquisition. The gaining of rights to real property in the form of fee simple title, easement or 2 lease. This can be accomplished by direct purchase; exchange; transfer; donations; or by cooperative 3 agreement, including condemnation. 4 Natural Community. Identify, acquire and protect those natural communities that are inadequately 5 represented within existing protected lands, or represent the best examples of natural communities 6 with priority given to the most endangered or threatened. To ensure consistency of natural community 7 descriptions, the Florida Natural Areas Inventory Classification (FNAI) System, as amended by the 8 Office of Natural Resource Management will be used as the standard. 9 Objective. An end toward which concerted effort is directed. It is a precise statement of purpose 10 (preferably sufficiently detailed so as to be measurable), including at least two of the following 11 elements: time limit (when it must be accomplished); standard of performance (percentage, amount or 12 dollars) or criterion of measurement (test, questions, opinion or observation). 13 Policy: Indian River County will acquire lands consistent with the resource conservation goals, 14 objectives, policies, and guidelines as set forth in the County's 2030 Comprehensive Plan, the 15 Environmental Bond Referendum, the ELP Guide (as ratified by the BOCC), enabling legislation, 16 administrative rules and executed declarations. 17 Program Memorandum. A document issued by the ELAP providing short term (usually for one or 18 two years) guidance and direction on actions aimed at meeting a program objective. 19 Work Plan. Flexible timeline that sets forth goals for the schedule and plan of pre-acquisition due 20 diligence for projects. 21 OBJECTIVE 22 The primary objective of the Indian River County ELP Guide is to outline procedures for acquiring and 23 managing environmentally significant lands. 24 Environmentally Significant Lands. 25 Lands so described are environmentally rare and irreplaceable and are valued ecological resources. For the 26 purposes of the 2022 Environmental Bond referendum, these lands contain one or more of the following 27 resource categories: Natural Communities; Forest Resources; Plants; Animals; Coastal and Wetland 28 Resources. The land acquisition objectives for each category are as follows: 29 Natural Communities. Identify, acquire and protect those natural communities that represent the 30 best examples, with priority given to the most endangered or threatened. To ensure consistency of 31 description of natural communities, see the Conservation Element of the Indian River County 2030 32 Comprehensive Plan. 33 Forest Resources. Identify, acquire, and protect lands to maintain representatives of the various 34 forest or timber types. 35 Plants. Identify, acquire and protect sites which contain endangered or threatened species, or 36 species of special concern. Priority should be given to those sites that are critical to the survival of 37 these plant species or that contain important assemblages of rare or endangered species. 38 Animals. Identify, acquire, and protect lands that are critical to the survival of endangered or 39 threatened animals or species of special concern. 9/6/2022 6:36:42 PM 327 1 Wetland and Coastal Resources. Identify, acquire, and protect undeveloped coastal areas to 2 conserve their significant natural and aesthetic attributes. Identify, acquire, and protect significant 3 wetland areas, with specific emphasis on resources associated with the Indian River Lagoon, 4 including its associated tributaries. 5 Water Resources. Identify and protect lands that are valuable for conservation of water resources, 6 including surface waters and those contributing to public drinking water sources. 7 Management of Environmentally Significant Lands. 8 Lands acquired under the ELP Guide shall be managed primarily to restore, enhance and maintain important 9 natural ecological characteristics. These lands will be managed and maintained, as appropriate, for passive 10 recreational pursuits, or other compatible uses. 11 Unique Areas 12 The natural characteristics of these areas will be enhanced or maintained to ensure protection of 13 the natural resources. Areas may be maintained or enhanced by many methods, including but not 14 limited to: fencing, planting, prescribed fire, selective clearing and/or removal of non-native 15 species, removal of artificial drainage features, elimination of off-road vehicle access, and 16 prohibition of dumping. 17 Recreation Areas 18 The objective in managing these areas should be to provide opportunities for recreational 19 experiences in the out-of-doors. Limited facilities will be developed to encourage users to enjoy 20 the land and its resources in a natural setting. Nature trails, boardwalks, educational displays and 21 centers, and observation platforms are the type of facilities that may be developed in these areas. 22 Other Compatible Uses 23 Uses compatible with the primary objective of protecting significant natural areas may be 24 considered. Such uses include ground water primary recharge protection, and storm water 25 management. Such uses shall only be considered if they do not threaten the integrity of the natural 26 system to be protected. 27 POLICY 28 Indian River County, Florida will acquire lands consistent with the resource conservation goals and 29 objectives as set forth in the ELP Guide; State acquisition guidelines (when applicable); and policies of the 30 Indian River 2030 County Comprehensive Plan, foremost of which being policies of Objective 6 of the 31 Conservation Element. 32 The County's basic policy is to purchase land when other means such as zoning or regulation are not 33 available or effective. When lands are to be acquired, the minimum ownership interest necessary to satisfy 34 the objectives is to be sought. If fee title is required, full consideration will be given to extended use 35 reservations, exchanges or other alternatives that will lessen impact on the owner and the community. 36 Donations of desired lands or interests will be encouraged. 37 In carrying out this policy, the County shall give additional consideration to land acquisition measures that 38 are coordinated with various entities. It is the policy of the County to work in a cooperative venture with 39 such entities, including but not limited to profit and nonprofit organizations, municipalities within Indian 9 9/6/2022 6:36:42 PM Z i3 1 River County; the Department of Environmental Protection; the St. Johns River Water Management 2 District; the Florida Inland Navigation District; and the Florida Forever Program. 3 9/6/2022 6:36:42 PM 10 329 1 CHAPTER H 2 RESPONSIBILITIES/RELATIONSHIPS 3 Boards and officials listed below are responsible for the functions indicated: 4 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS (BOCC) 5 Approves land acquisition policies, procedures and priorities based upon recommendations from 6 the ELAP. 7 Approves in writing only those acquisitions of environmentally significant lands proposed by the 8 ELAP. (The BOCC may approve or delete any project proposed by the ELAP. Also, the BOCC 9 may add or expand projects on the prioritized acquisition list, but only under the 'Emergency 10 Acquisition" procedures set forth in the ELP Guide, whereby the ELAP will review emergency 11 project(s) and make recommendations to the BOCC regarding acquisition.) 12 Authorizes all financial measures, including bond issues, for carrying out the acquisition of 13 environmentally significant lands. 14 Provides final approval of all land acquisition contracts and documents. 15 Determines the annual budget for the land acquisition program, including funds used for purposes 16 relating to acquisition beyond purchase or lease costs, such as site improvements and management 17 costs. 18 Appoints members to the ELAP, in accordance with a future Resolution to be adopted by the 19 BOCC. 20 INDIAN RIVER COUNTY ENVIRONMENTAL LANDS ACOUISITION PANEL (ELAP 21 Membership shall consist of nine (9) members appointed by the BOCC, in accordance with the provisions 22 of a future County Resolution to be adopted. Membership will include one (1) appointee residing in each 23 of the five districts by their respective County Commissioner, and four (4) members at large with 24 professional credentials and affiliations. The process for selecting the 4 members at large will be proposed 25 to the BOCC for approval. It is recommended that the four at large members be selected from the following 26 three categories: 27 • Two (2) members with professional credentials in Natural Resources 28 • One (1) member with professional credentials in Real Estate or Finance 29 • One (1) member with professional credentials in Planning or Engineering 30 Term of Office 31 The term of each appointment shall be governed by Section 103.02 of the Indian River County Code of 32 Ordinances. 33 Purpose of the ELAP 34 The purpose of the ELAP shall be to: 35 1. Advise the BOCC on utilizing the bond funds for the purchase of environmentally significant 36 lands that further the goals and objectives outlined in the Indian River County 2030 37 Comprehensive Plan; 11 9/6/2022 6:36:42 PM 330 1 2. Establish, pursuant to the ELP Guide, priorities for Commission consideration in connection 2 with future land acquisition; 3 4 3. Review and comment on the development of use and management recommendations for 5 consideration by the Commission with regard to environmentally significant lands to be 6 protected; 7 4. Make recommendations regarding cost -share funding alternatives to leverage bond referendum 8 monies. 9 5. Take such other actions as are consistent and necessary in accordance with criteria established 10 in the ELP Guide. 11 Duties and Responsibilities: 12 Comply with the mandate of the electorate vote in accordance with Indian River County policies 13 enumerated herein. 14 Make recommendations to the BOCC concerning modifications to the Indian River County ELP 15 Guide to meet the needs of Indian River County. 16 Present to the BOCC, for their approval, a recommended program for the purchase of 17 environmentally significant lands. 18 Investigate and consider alternative non -ad valorem -based funding sources for the purchase of 19 environmentally significant lands. 20 Receive and review individual proposals nominated for purchase in accordance with the criteria 21 established in this ELP Guide. 22 Create an annual summary for land acquisition in accordance with the criteria established in this 23 ELP Guide from which due diligence investigations and purchase negotiations shall be 24 commenced. The project summary shall carry over those sites still under consideration from the 25 previous year's cycle. 26 Based upon a staff report, make recommendations to the BOCC concerning the acquisition of 27 Environmentally Significant sites. The ELAP's recommendation shall specifically identify the land 28 and interest therein to be acquired, and features of the land that meet (and don't meet) the selection 29 criteria set forth in this ELP Guide. 30 Make use and management recommendations to the BOCC regarding environmentally significant 31 lands to be protected. 32 The ELAP shall conduct an annual review and evaluation of the environmentally significant lands being 33 considered for acquisition based on the results of purchase negotiations, funding opportunities with State 34 and Federal preservation programs and the criteria established by this ELP Guide, reprioritize same, add 35 new sites or delete sites, and provide a written report of results thereof to the BOCC. 36 All business of the ELAP shall be conducted by majority vote with no fewer than seven (7) members of the 37 ELAP being present. 38 STAFF 12 9/6/2022 6:36:42 PM 331 1 County personnel shall be assigned by the County Administrator to provide assistance to the ELAP. 2 Duties and Responsibilities: 3 Receive all acquisition proposals. 4 Evaluate proposals for policy and procedural compliance. 5 Establish and maintain the GIS based Dashboard which will contain 6 review criteria and other relevant information to be used in the evaluation 7 process. The Dashboard will be updated by staff when updated GIS files 8 are available, and upon receipt of new or modified property information. 9 Ensure appropriate review by the ELAP. 10 Coordinate comments received. 11 Develop a work plan with the acquisition consultant from which due 12 diligence investigations and purchase negotiations shall be commenced. 13 The work plan shall begin with those sites listed in the previous year's 14 cycle, and include any sites added to such list in accordance with the 15 provisions in this Guide. Said acquisition shall be consistent with the goals 16 and policies of the Guide. 17 Coordinate with the acquisition consultant concerning selection by a fair 18 and impartial process, by bid or rotation, appraisers who are duly certified 19 by the Division of State Lands Bureau of Appraisal to conduct appraisals 20 in accordance with applicable State and County standards. 21 Coordinate with the acquisition consultant concerning selection of any 22 contract with qualified vendors to complete boundary maps, surveys and 23 environmental audits in accordance with applicable standards. 24 Manage cooperative efforts, consultation and/or contracts with profit or 25 nonprofit organizations in furtherance of the goals and objectives of this 26 Guide. 27 Arrange for discussions and meetings of panel members, county, state and 28 local governmental agencies, as required. 29 Prepare Approval Memorandum recommendations for BOCC 30 consideration at the direction of the ELAP. Prepare grant applications and 31 proposals. 32 Coordinate negotiations with owners of property under consideration for 33 acquisition. Negotiations may entail direct contact with landowners and/or 34 coordination with State cost -share agency staff and other land acquisition 35 entities, as applicable. 36 Develop purchase contracts; present negotiation status to the ELAP and 37 the BOCC. In instances where matching fund opportunities from 38 conservation partners are available, and to the extent practicable and 39 feasible, follow said partners' land acquisition procedures, it being 13 9/6/2022 6:36:42 PM 332 1 understood that the adoption of said procedures shall be temporary in 2 nature and applicable only to the specific transaction at hand. 3 Conduct conservation land management tasks in accordance with BOCC 4 approved land management plans, including coordination with volunteers 5 and appropriate environmental agencies. 6 ADVISORY STATUS 7 The ELAP shall be advisory only, and the members shall serve without compensation. 8 GENERAL PROVISIONS 9 Except as provided herein, the provisions of Section 103.02 of the Indian River County Code of Ordinances 10 shall apply to the ELAP. 11 CONFLICTS OF INTEREST 12 No member of the BOCC may be involved in the appraisal of or the negotiations for the purchase, sale, or 13 exchange of any real property on behalf of the County. No Board member, ELAP member, County staff 14 member, member of any organization or agent employed by the County (collectively "County Authorized 15 Representative") may negotiate, approve, or otherwise participate on behalf of the County in the purchase, 16 sale, or exchange of real property owned or to be acquired by the County, if the County Authorized 17 Representative member or any of his relatives stand to receive any tangible advantage from the real estate 18 transaction or has any financial interest in or derivative benefit from the land to be acquired. 19 No County Authorized Representative may provide information obtained by virtue of his/her official 20 capacity to another regarding any proposed acquisition or disposition of property for the purpose of giving 21 the third party an unfair advantage. The County Authorized Representative shall sign a binding statement 22 disclaiming any interest in environmentally significant lands during the period of active negotiations on 23 said lands, and shall also sign a statement that the confidentiality of all appraisals, offers and other 24 negotiation matters shall be maintained in accordance with Chapter 125, Florida Statutes. 25 14 9/6/2022 6:36:42 PM 333 I CHAPTER III 2 ENVIRONMENTAL RESOURCE PROTECTION METHODS 3 METHODS OF LAND ACQUISITION 4 There are a number of methods available to acquire property rights. These are direct purchase, 5 condemnation, donation, exchange, transfer, or withdrawal. Each property under consideration for 6 acquisition has characteristics that are factors in determining what method is appropriate. A brief discussion 7 of each method follows: 8 Purchase. This is a simple, straightforward means of separately obtaining fee title or an 9 easement. It involves a willing seller/willing purchaser situation wherein the purchaser 10 negotiates the sale of one, some or all rights to property. Purchase agreements have the 11 advantage of being quick, controllable and generally non -controversial. 12 Condemnation. There are occasions when direct purchase is not possible because the 13 owner does not want to sell or will not accept the price offered. When extremely high 14 public values are endangered or threatened or the land is needed for protection, the County 15 can exercise the right of eminent domain (the taking of land without consent of the owner). 16 This judicial process is also called condemnation. The disadvantages are that this process 17 is almost always controversial, frequently creating highly emotional reaction on the part of 18 the landowners and sometimes the community at large. Furthermore, there is little control 19 as to the cost, which is generally determined as a result of a trial. In addition, the County 20 must assume the judgment of the value that the jury places upon the land. The County may 21 also be required to pay additional costs and attorney's fees of the property owners as 22 provided by law. Condemnation shall not be considered when utilizing bond referendum 23 funds. 24 Donation. A citizen or group of citizens may wish to make a gift of property. Such 25 donations are often useful in carrying out the land acquisition program at a minimum of 26 cost. Aside from the cost factor, these acquisitions are no different than any other purchase. 27 Exchanize. On occasion, lands under County control can be exchanged for land having 28 greater ability to satisfy the objective of the land acquisition program. This can involve 29 land in private ownership or land under the administration of another governmental agency. 30 Inherent in the exchange concept is the requirement to get dollar value for dollar value. 31 Exchanges for land under current County control are attractive in that they do not increase 32 land holdings and do not require funds for purchase. Another approach that may be 33 considered is the County's acquisition of land for purposes of a pre -determined exchange 34 for property of equivalent dollar value that has greater ability to satisfy land acquisition 35 program objectives. 36 Installment Sale. This concept has not been approved in Indian River County; however, 37 an installment sale involves the sale of bonds. The prospective seller would contract to 38 convey property to the County and in return the County would issue a bond. This bond 39 would have to be paid back over a set number of years. The effect of this would be to create 40 a potentially tax-free installment sale to the seller. 15 9/6/2022 6:36:42 PM 334 1 Use of Intermediaries. The County may fmd it advantageous to work with a private group 2 as an intermediary to facilitate the transaction. Use of these intermediaries can sometimes 3 bring about acquisition more rapidly. 4 9/6/2022 6:36:42 PM 16 335 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 CHAPTER IV FUNDING/FINANCING There are approximately 10.3 million acres of conservation lands in Florida, of which 54.8% are owned by the state, approximately 40.3% are owned by the federal government, and approximately 4.9% are owned by local governments. The "bottom line" factor in the acquisition of environmentally significant lands is the availability of funds. A main component of a local land acquisition program is not only the allocation of local funds for acquisition, but also an aggressive pursuit of funding via inter -agency cost share programs, grants, and cooperative acquisition with private groups such as The Trust for Public Land, The Conservation Fund and The Nature Conservancy. In this chapter, potential funding and financing alternatives are summarized. JOINT ACQUISITION/STATE PROGRAMS STATE FUNDING State funding programs summarized in this section are: the (overall) Florida Forever program; the State Acquisition and Restoration Council (ARC) program; the St. Johns River Water Management District's (SJRWMD) land acquisition program; FDEP Parks and Recreation grants; and the Florida Communities Trust program. The federally funded National Estuary Program (NEP) funding opportunity for land acquisition has been included in this section. Florida Forever. The Florida Forever program was created in 1999 in response to a voter - approved constitutional amendment to acquire conservation lands. To date, the state has issued approximately $2 billion of Florida Forever bonds'. The main objectives of the Florida Forever Act are outlined in this definitions section of this Guide. At the end of Fiscal Year 2020-21, the principal amount of bonds available was $460 million, which is estimated to be expended and retired in Fiscal Years 2028-29. The bond proceeds are distributed as follows: 9/6/2022 6:36:42 PM 35% Department of Environmental Protection — State Lands 30% Department of Environmental Protection (DEP)/ Water Management Districts (WMDs) 21% Florida Communities Trust (FCT) 3.5% Department of Agriculture & Consumer Services — Rural & Family Lands Protection 2.5% Department of Environmental Protection — Working Waterfronts 2.0% Department of Environmental Protection — Florida Recreation Development Assistance Grants 1.5% Florida Department of Environmental Protection — Recreation & Parks' 1.5% Florida Department of Environmental Protection — Greenways & Trails 1.5% Fish & Wildlife Conservation Commission — Land Acquisition' 1.5% Department of Agriculture & Consumer Services — Florida Forest Service' 17 336 1 1 These distributions are limited to inholdings and additions to lands managed by these agencies. 2 ARC/Florida Forever Program. The Acquisition and Restoration Council (ARC) Florida 3 Forever Program (f.k.a. the Conservation and Recreation Lands (CARL) program) is 4 administered by the Florida Department of Environmental Protection (DEP). The Florida 5 Forever Act has added substantially to the available funds under this program. Land 6 acquisition projects throughout the State are accepted for consideration and ranked 7 annually for purposes of State acquisition priority. Properties that have been acquired under 8 the County Environmental Lands Program with cost -share funds from this program 9 include: the Korangy tract; the Fischer -Sebastian River tract; the Spallone/Archie Carr 10 tract; the Carson Platt Estate tract; and the Captain Forster Hammock Preserve (fk.a. the 11 Jungle Trail Conservation Area) 12 SJRWMD Land Acquisition Program. The St. Johns River Water Management District 13 land acquisition program is a potential funding source, particularly through cost sharing. 14 With the Save Our Rivers (SOR) and Florida Forever programs, the SJRWMD has funding 15 available for the acquisition of lands based on the potential for preserving, restoring, 16 enhancing or developing water resources in the District. Priority is given to lands that 17 provide water resources protection, such as floodplains, sensitive wetlands and 18 groundwater recharge areas. The SJRWMD is a co-sponsor of the of the Indian River 19 Lagoon Blueway acquisition initiative, and has partnered with the County in acquiring 20 Blueway property in the Oslo Riverfront Corridor. Also, SJRWMD has acquired land in 21 the St. Johns Marsh area, and may be amenable to cooperative purchase of environmentally 22 significant lands in western Indian River County. 23 Florida Recreation Development Assistance Program. The Florida recreation 24 Development Assistance program (FRDAP) is a competitive program which provides 25 grants to local governmental entities for acquisition and development of land for public 26 outdoor recreation use or to construct recreational trails. If an acquisition project receives 27 a FRDAP grant, the applicant must develop the acquired site for public outdoor recreation 28 use within three (3) years. 29 FDEP Parks and Open Space. Under Florida Forever, the Florida Communities Trust 30 (FCT) Parks and Open Space grant program is a state land acquisition grant program that 31 provides funding to local governments and eligible nonprofit environmental organizations 32 for acquisition of community-based parks, open spaces and greenways that further outdoor 33 recreation and natural resource protection needs identified in local government 34 comprehensive plans. Funding is prioritized for projects in low-income or otherwise 35 disadvantaged communities and projects that provide areas for direct water access and 36 water dependent facilities that are open to the public and offer public access by vessels to 37 waters of the state, including boat ramps and associated parking and other support facilities. 38 Also emphasized is the acquisition of lands for recreational trail systems. 39 Florida Communities Trust. The Florida Communities Trust (FCT) is a Florida land 40 acquisition grant program administered by the Florida Department of Environmental 41 Protection (FDEP). Grants are awarded annually on a competitive basis to local 42 governments and non-profit environmental organizations for community-based parks, 43 open space and greenways. These projects must further outdoor recreation and natural 44 resource protection needs identified in the local governments' Comprehensive Plans. Funds 18 9/6/2022 6:36:42 PM 337 I under this program are available to local governments on a cost -share basis, through a 2 competitive statewide application ranking process. The FCT has been Indian River 3 County's most frequent cost -share partner in the purchase of environmentally significant 4 lands. 5 Land and Water Conservation Fund Program. Administered by the Florida Department 6 of Environmental Protection (DEP) on behalf of the U.S. Department of the Interior, 7 National Park Service (NPS), the Land and Water Conservation Fund (LWCF) is a 8 competitive program that provides grants for acquiring or developing land for public 9 outdoor recreational use. LWCF is a reimbursement grant program. If utilized for 10 acquisition, the land must be purchased for outdoor recreation purposes. Grantees may 11 have up to three (3) years to develop the property after purchase. 12 Indian River LaEoon National Estuary Proaram. The Indian River Lagoon Council was 13 established as an independent special district and is the local sponsor for the Indian River 14 Lagoon National Estuary Program (IRLNEP) under the EPA's National Estuary Program. 15 Cost -share grants may be awarded for land acquisition for water quality restoration, habitat 16 restoration, and community-based restoration projects. 17 Resilient Florida Grant Program. Administered by the DEP, the Resilient Florida Grants 18 were developed to effectively address the impacts of flooding and sea level rise that the 19 State faces. Eligible applicants may receive funding assistance to analyze and plan for 20 vulnerabilities, as well as implement projects for adaptation and mitigation. Projects must 21 address the risks as identified in the entity's vulnerability assessment, which must meet the 22 statutory requirements outlines in F.S. §380.093. Acquisitions do not necessarily have to 23 be coastal, but must be for the protection of critical assets. 24 Stan Mayfield Working Waterfronts. A Florida Forever Program, the Stan Mayfield 25 Working Waterfronts (SMW W) grant program is administered by the Florida Communities 26 Trust (FCT) and provides grant funds for the acquisition of interests in land for the 27 restoration and preservation of working waterfronts directly used for the purposes of the 28 commercial harvest of marine organisms or saltwater products by state -licensed 29 commercial fishermen, aquaculturists, or business entities, including piers, wharves, docks, 30 or other facilities operated to provide waterfront access to licensed commercial fishermen, 31 aquaculturists, or business entities. SMWW grant funds may also be used for the 32 acquisition of interests in land for exhibitions, demonstrations, educational venues, civic 33 events, and other purposes that promote and educate the public about the economic, 34 cultural, and historic heritage of Florida's traditional working waterfronts, including the 35 marketing of the seafood and aquaculture industries. 36 Florida Wildlife Corridor Act. Chapter 259.1055, F.S. describes the Florida Wildlife 37 Corridor Act. This law was enacted in 2021 for the purpose of creating incentives for 38 conservation ad sustainable development while sustaining and conserving the green 39 infrastructure that is the foundation of the state's economy and quality of life. 40 LOCAL FUNDING 41 The Capital Improvement Element of the Indian River County Comprehensive Plan provides a summary 42 of local financial resources, as well as state and federal sources. Covered in this section are ad valorem 43 taxes, user fees and charges, special assessments, tourist development tax, mitigation funds, and borrowing 19 9/6/2022 6:36:42 PM 338 1 (e.g., bonds). 2 3 Ad Valorem Taxes. Ad valorem taxes are based on the appraised value of property. Such 4 taxes are generally assessed in mills, thousandths of a dollar of assessed value. The State 5 mandated millage cap is 10 mills per local government, excluding voted millages. The 6 Board of County Commissioners' policies allow ad valorem tax revenues to be used for 7 both operating and capital expenditures. 8 User Fees and Charges. User fees and charges represent revenue received by the County 9 for providing various general services. Those fees and charges allow the County to keep 10 up with the increasing costs of services. An example of a user fee is a gate charge for 11 recreational facility use. 12 Tourist Development Tax. Any county may, subject to a vote, impose a Tourist 13 Development Tax. Indian River County currently levies four cents of Tourist Development 14 Tax. Per Florida Statute 125.0104, the first three cents of Tourist Tax collected can be used 15 towards any of the allowable expenses within the statute which includes convention 16 centers, sports stadiums, auditoriums, aquariums, zoos, tourism promotion, beach 17 restoration, lagoon improvements, shoreline protection, enhancement and cleanup or 18 infrastructure improvements. The fourth cent may only be used towards funding the debt 19 service for professional sports franchise facilities, retained spring training franchise 20 facilities, convention centers, the operation and maintenance of a convention center or 21 tourism promotion. Indian River County Code, Section 210 provides further clarification 22 regarding taxing districts, authorized uses of revenue, and local administration of the tax. 23 Mitigation Funds. Policies in the Conservation Element of the County Comprehensive 24 Plan allow, in certain circumstances, developers to mitigate impacts on environmentally 25 significant lands by paying a "fee -in -lieu" instead of carrying out other mitigation methods, 26 such as habitat creation, restoration, or preservation. As a result, a pool of funds is 27 accumulating, specifically ear -marked for use to purchase or restore environmentally 28 significant uplands and wetlands for the purpose of habitat conservation. The funds are 29 intended for use to purchase or restore specific habitat types similar to those types 30 adversely impacted by the development that warranted mitigation. 31 Borrowing. In 1992, the voters of Indian River County approved an ad valorem tax bond 32 of up to $26 million for the purchase of environmentally significant lands. In 2004, the 33 voters of Indian River County approved an additional $50 million towards the purchase of 34 environmental lands. The proceeds from both of these bonds have all been allocated. 35 According to the County's bond counsel, these bond funds can be used for initial resource 36 restoration and public access capital improvements in addition to land acquisition. The 37 bond funds cannot, however, be used for ongoing maintenance costs or to pay for county 38 personnel (i.e., staff salaries). On March 8, 2022 the BOCC approved Resolution 2022-16 39 calling for a Bond Referendum Election for the issuance of General Obligation Bonds to 40 be used for the purchase of environmentally significant lands to restore the Indian River 41 Lagoon, protect water resources, wildlife habitat, drinking water sources and natural areas, 42 and construct public access improvements related thereto. 20 9/6/2022 6:36:42 PM 339 I PRIVATE GROUP/COOPERATIVE ACQUISITION 2 In addition to state and local land acquisition funding opportunities, profit and nonprofit 3 organizations with expertise in land acquisitions, such as the Trust for Public Land, The 4 Conservation Fund, the Indian River Land Trust, Ducks Unlimited, and The Nature Conservancy 5 provide opportunities to protect environmentally significant lands via a cooperative county -private 6 group approach. 7 The County, in its discretion, may cooperate and consult with private organizations regarding (a) 8 the conduct of purchase negotiations with the owners of environmentally significant lands; (b) the 9 opportunities for obtaining matching funding towards acquisition; and (c) the various procedures 10 and processes associated with the acquisition and management of environmentally significant 11 lands. 12 Wherever there is the potential for matching funds from other agencies, it shall be the official policy 13 of the County to follow and implement land acquisition procedures which are in harmony with the 14 applicable federal agency, the State of Florida's Florida Forever Program, Save Our Rivers Program 15 and Florida Communities Trust Program or other such funding sources to enhance opportunities 16 for securing matching funding for the acquisition of environmentally significant lands, in the best 17 interest of the citizens of Indian River County. 18 9/6/2022 6:36:42 PM 21 340 1 CHAPTER V 2 LAND ACQUISITION PROCESSES/PROCEDURES 3 The purpose of this chapter is to provide guidance for a sequential procedure that the ELAP can 4 follow, in coordination with county staff, to arrive at conclusions and make recommendations to 5 the BOCC on land acquisition matters. The land acquisition review and recommendation process 6 as set forth in this chapter is categorized into five phases. 7 The first phase of the process involves an annual needs assessment, whereby land 8 acquisition policy directives and objectives are reviewed and discussed. Also, in 9 this phase, existing and potential funding sources are identified; the Environmental 10 Lands Program Guide may be revised and adjusted in some cases depending on 11 findings. 12 The second phase entails a compilation of lands to be reviewed for acquisition 13 consideration. The compilation of lands includes staff recommendations and other 14 lands that may be nominated during a specific year. 15 The third phase of the process is evaluation and prioritization of the lands 16 identified for review, based on resource characteristics, proximity to greenways 17 and wildlife corridors, financial/purchase opportunities, and management 18 considerations. In this phase the County proposes to develop a GIS based 19 Dashboard Web Application for use as a data repository and for project evaluation. 20 In this phase, properties are evaluated for alternative protection methods (other 21 than fee title acquisition). As a part of this phase, the ELAP will establish, amend 22 or maintain its list of land acquisition projects. 23 The fourth phase consists of staff developing work plans for projects on the ELAP 24 acquisition list, including: identifying and applying for cost -share funding (subject 25 to ELAP review and Board approval); scheduling and undertaking pre-acquisition 26 tasks (e.g., obtaining appraisals); and negotiating purchase contracts (through and 27 in coordination with the county's acquisition consultant). Using the proposed GIS 28 based Dashboard Web Application the ELAP members will be able to review 29 current site information, updated status of pending studies, appraisal information, 30 and other acquisition related materials. Staff will provide a summary at each ELAP 31 meeting as to the current status of each project on the ELAP acquisition list. Also, 32 during this phase, staff and the acquisition consultant (and its associates) will draft 33 conceptual management plans (for lands for which the County is proposed to have 34 management responsibilities). 35 The fifth phase consists of staff presenting negotiated purchase contracts to the 36 ELAP for consideration and recommendations, and then to the BOCC for approval 37 consideration at a duly advertised public hearing. Staff's presentations under this 38 phase will include analyses and recommendations on funding and management 39 (including drafted conceptual management plans, as applicable). In all cases, staff 40 will advise the Board of ELAP's recommendations. In addition, however, the 41 ELAP may delegate, as it deems warranted on a case-by-case basis, an ELAP 42 member (or members) to present ELAP's recommendations (majority and/or 43 minority reports) directly to the Board. 22 9/6/2022 6:36:42 PM 341 1 Emergency acquisition procedures are addressed at the end of this chapter, pertaining to 2 circumstances when the normal sequential procedure for land evaluation is not appropriate for a 3 particular property due to immediate development threat and time constraints. 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 The following is a flow chart depicting the land acquisition process and procedure; each phase is described in detail later in this chapter. Chart #1 Land Acquisition Processes/Procedures Phase 1: Review of Directives - Policy/Objective documents review - Fiscal year funding sources identified - Environmental Lands Program Guide evaluated Product: Guide revisions (as warranted) Phase 2: Compilation of Lands (2 months) - Application review & initial staff recommendations - Compilation of GIS based data and other resources to create the proposed project dashboard - Annual applications/presentations Product: List of proposed and existing projects Phase 3: Evaluation/Prioritization (3 months) - Resource characteristics - Alternate protection methods - Finance/purchase opportunities Product: Completed evaluation/prioritization matrices, ELAP prioritized acquisition list Phase 4: Work plans/Pre-acquisition Tasks/Negotiations - Identification of /application for cost -share funding - Appraisals and negotiations - Management planning Product: Project status summary reports, cost -share funding applications, appraisals, draft conceptual management plans, negotiated purchase option contracts Phase 5: Final Rgport/BCC Recommendations - Acquisition/management/funding recommendations - ELAP report to BCC (by staff and/or ELAP member delegate(s), as determined by the ELAP) Product: final report to BOCC (acquisition/funding/management recommendations) PHASE 1: Review of Directives The first phase of the land acquisition planning process, as applicable to the ELAP, is review and discussion of documents containing environmentally significant lands protection objectives, 9/6/2022 6:36:42 PM 23 342 1 policies, and strategies. These documents include the ELP Guide, the Indian River County 2 Comprehensive Plan (as may be amended), state and regional conservation land strategy reports, 3 and municipal comprehensive plans. 4 This review should occur in a timeframe to meet recommendation deadlines to the BOCC for fiscal 5 year budgeting, as may be applicable. Moreover, this phase includes a general assessment and 6 discussion of funding strategies, whereby general timetables are ultimately determined to carry out 7 such strategies (reference Chapter IV, Funding/Financing). 8 Review of policy documents should include discussion and analysis of specific policy directives. 9 For example, policies of Conservation Objective 6 and other policies of the County Comprehensive 10 Plan (summarized in the appendices of this Guide) are furthered by the conservation of 11 environmentally significant lands. An assessment should result in answers to questions like the 12 following: 13 Do the policies of Conservation Objective 6 and other County Comprehensive Plan 14 policies serve to satisfy the protection of environmentally significant lands? 15 Do those policies need revision? 16 What actions have occurred to date that contribute to the fulfillment of specific policy 17 commitments? 18 What, specifically, still needs to be done to further protection commitments? 19 How much environmentally significant land, by habitat type, should be protected? 20 The same type of questions should be asked and answered with regard to other policy documents 21 as well, to set the stage for the coming fiscal year's focus and strategies. For example, the "Florida 22 Forever Conservation Needs Assessment' report (Florida Natural Areas Inventory, 2022) provides 23 a statewide GIS based dataset to inform the Florida Forever land acquisition program. The 24 Conservation Needs Assessment data were developed to track the progress of the Florida Forever 25 program in protecting natural resources through land acquisition. Each data layer corresponds 26 directly to a goal and measure developed for the program by the Florida Forever Advisory Council. 27 The primary use of these data layers is to generate statistics reported in new Florida Forever 28 proposal assessments, and the Natural Resource Acquisition Progress Reports produced by FNAI 29 each year. Conservation priorities in the database will be incorporated into the property evaluation 30 documents. 31 County staff will coordinate with the ELAP by gathering information on these subjects and 32 reporting to the ELAP. During this phase, the ELP Guide shall be reviewed and revised, as 33 appropriate. Data from these documents that will used as part of the site evaluation process will be 34 incorporated into the proposed Dashboard Web Application. 35 Funding/financing resource review should also occur periodically to assess the availability of funds. 36 Chapter IV, Funding/Financing, summarizes various funding opportunities. The funding/financing 37 assessment involves ELAP consideration of funding availability as it affects acquisition planning. 38 As mentioned earlier, depending on the funding strategy to be pursued, timeframes and deadlines 39 are established in the first phase of planning to outline implementation steps. 24 9/6/2022 6:36:42 PM 343 Once funding strategies are determined, county staff will periodically report to the ELAP with detailed information as to the status of funding as it affects acquisition and management timeframes and priorities. 4 PHASE 2: Compilations of Lands for Review 5 Once Phase 1 has been completed and the ELAP has determined general strategies to further 6 program directives, the next phase is the compilation of specific properties to be reviewed and 7 evaluated for resource protection consideration. The properties will consist of lands nominated by 8 the general public or other agencies for land acquisition consideration. Each property will be 9 screened by staff to ensure that minimum criteria for evaluation are met. These minimum criteria 10 are detailed in "Minimum Criteria for ELAP Review" within the Appendices. 11 It is important, in order to maintain a systematic and manageable approach to land acquisition 12 considerations, that the ELAP establish a procedure by which applications can be submitted to 13 nominate properties for ELAP consideration. 14 Following the initial application period in 2023, application submittal shall be allowed at any time 15 of the year. County staff shall assemble relevant parcel information and background data for 16 consideration by the ELAP. Nominations shall be ranked by the ELAP twice per year, on a schedule 17 approved by the BOCC. 18 Application forms shall be available both online, as well as at a designated location at the County 19 Administration Complex. A copy of the application is included in the appendix of this Guide, for 20 reference. Applications submitted shall be reviewed and evaluated, in accordance with the criteria 21 set forth in the following "Phase 3" section of this Guide, over the twelve-month period following 22 the submittal deadline. 23 PHASE 3: Evaluation/Prioritization 24 Once the group of properties to be reviewed for land acquisition consideration has been compiled 25 (reference Phase 2), the next step is evaluation and prioritization of the list of properties. 26 The ELAP shall use the information provided on nomination applications, as well as supplemental 27 information provided by staff, to conduct a ranking of the identified properties. Staff will request 28 assistance from state and federal agencies, as applicable, in assessing the characteristics of a given 29 property. Moreover, field visits for ELAP members shall be scheduled by staff to aid in the 30 evaluation process. Factors to be considered in evaluating properties have been separated into two 31 general categories: qualitative characteristics and purchase/management factors. The proposed GIS 32 based Dashboard shall assimilate all of these factors for each property so that a central repository 33 for acquisition information is available to staff, the ELAP, and the BOCC. Using this information, 34 an Evaluation/Prioritization Matrix shall be completed for each property, resulting in an assigned 35 score whereby the higher the score, the higher the ranking of the property for purchase 36 consideration. As the Matrix has been developed, a "perfect score" equals 1000 points. 37 The following is a summary of factors to be considered in determining a property's point assignment 38 for each of the ten Matrix evaluation issues. 39 Qualitative factors are used to evaluate lands by their physical characteristics as well as ecological 40 value, and compatibility with resource protection goals. The five qualitative factors to be 25 9/6/2022 6:36:42 PM 344 1 considered in applying the Evaluation/Prioritization Matrix are listed below, along with a brief 2 explanation for each. 3 Natural Community Evaluation (#1): A property that supports an assemblage of natural 4 communities, and has not been invaded by exotics or significantly altered by man -induced 5 activities is expected to have a higher ecological value. Included within this review are the 6 following: 7 • Areal extent of natural lands vs. disturbed lands; lands that have been 8 significantly altered or are heavily invaded by non-native vegetation and 9 wildlife would be expected to be of lower ecological value 10 • Biodiversity refers to the variety of living species including plants, animals, 11 bacteria and fungi. Each of these species and organisms work together in an 12 ecosystem to maintain balance and support life. The evaluation of projects 13 would include an assessment of both observed and potential species in order 14 to provide an overall perspective on the biodiversity support for a project area. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Items included in this portion of the review include the extent of a particular community type within Indian River County; the areal extent of this community type within existing conservation lands; FNAI (or other recognized standard) conservation status, species diversity, and the presence of endemic and/or protected species. Potential Habitat Value (#2): A property that provides important habitat to wildlife and plant species is desirable for protection. Included within this review are the following: • Recorded occurrences of state and federally protected species • Number of endemic species present (if any) • Species usage — are there roosting, loafing, nesting and breeding areas on site, or are migratory species using the site • Recorded number of desirable species present — higher biodiversity may be indicative of higher habitat value Contribution to a "Wildlife Corridor" or "Greenway" (0): Lands that are proximate to other lands with complementary habitat, thus contributing to a larger wildlife "ecosystem" are of higher value (in most cases) than isolated, inaccessible natural areas. In evaluating this criterion, thought must be given to potential user species. For example, a small "island" of xeric scrub may actually contribute to a series of xeric scrub islands in the region that are valuable habitat for scrub jays, due to their flight capabilities and living habits. Conversely, a species with an expansive home range requires larger, interconnected tracts in order to meet all of their life history needs. This criterion considers also whether the land contributes to conservation priorities identified in the "Florida Forever Conservation Needs Assessment," which is a database of information used to track the progress of protecting natural resources through land acquisition. Additionally, the or lands that would provide a link to the Florida Wildlife Corridor, or to a "greenway" as recognized by the County or established by the Florida Greenways Commission should receive consideration for their ability to link valuable resources. 9/6/2022 6:36:42 PM 26 345 1 Landscape Value (#4): this evaluation criteria will address a property's value relative to 2 the surrounding resources, including an assessment of the following: 3 0 Proximity of project to existing protected areas and/or wildlife corridors — 4 projects adjacent to other conservation lands or wildlife corridors would be 5 viewed, in most cases, as having a higher value for acquisition. 6 0 Adjacent land uses — projects in proximity to highly developed or highly 7 altered lands are more likely to have a reduced value in the landscape. 8 Project area size — in many cases smaller project areas may be of insufficient 9 size to provide sustainable or manageable habitat, or may not meet the needs 10 of species with specific habitat requirements. 11 Fragmentation of natural areas — projects that have primarily natural 12 communities and are contiguous and contain intact ecotones and buffers 13 would be considered to have a higher value for conservation. 14 Water resource considerations — projects that provide a benefit to 15 basin/watershed resources would receive a higher conservation value. These 16 considerations may include: groundwater recharge; contribution to long-term 17 basin/watershed maintenance and sustainability; filtration and/or buffering 18 for downstream waters; and floodplain conveyance and storage. 19 Resiliency & sustainability assessment — these criteria will evaluate whether 20 a project site will be resilient and sustainable considering issues associated 21 with climate change. The assessment should consider both existing 22 conditions, as well as whether the project area allows for enhancement to 23 increase potential resiliency and sustainability. 24 Objective 6 "Upland Vegetation Communities" identifies the following 25 natural habitats as lands that should be considered for protection as part of 26 various land acquisition or protection processes: 27 • Coastal Strand 28 • Coastal/Tropical Hammock 29 • Xeric Scrub 30 • Upland Hardwood Hammock 31 • Pine Flatwoods 32 • Dry Prairie 33 34 A property's contribution to furthering the policies of Conservation 35 Objective 6 and other policies of the County Comprehensive Plan should 36 receive higher consideration. The policies of Conservation Objective 6 and 37 other applicable policies of the Comprehensive Plan are provided in the 38 appendices of this guide. 39 40 Recreational & Educational Value (#5): Using this criterion, property that provides an 41 opportunity for environmentally significant land protection and also has potential for 27 9/6/2022 6:36:42 PM 346 1 multiple use (compatible with protection) will receive higher scores in this category. 2 Project assessment would include: 3 Whether the natural community structure or location provides extensive 4 opportunities for passive recreation such as walking trails, wildlife viewing, 5 picnicking, or other low intensity uses by the public. 6 0 Whether the structure of the site provides opportunities for a variety of 7 educational programming related to ecology, conservation, responsible 8 stewardship, and other important environmental issues. 9 0 Whether the project area and natural communities provide opportunities for 10 volunteerism and/or potential for scientific research by academic institutions, 11 students, non-governmental agencies, or agency personnel. 12 Purchase/management factors come into play when a property is being ranked among others for 13 purposes of acquisition priority. In simplest terms, the goal in the land acquisition is to get the 14 "most for your money" in pursuing fulfillment of environmentally significant land protection 15 objectives. Following are the five purchase / management financial factors to be considered in 16 applying the Evaluation/Prioritization Matrix. 17 Purchase Need vs. Other Protection Methods (#6): Chapter III of the Guide summarizes 18 various protection strategies that can be utilized to protect environmentally significant 19 lands. As set forth in the Guide policy, outright purchase of property should be a last 20 alternative approach. In cases where purchase is the best alternative, a property would be 21 rated high in this category. 22 Alternatives consideration involves a review of protection methods other than land 23 acquisition, as summarized in Chapter III. Since the main objective of the ELAP is the 24 protection of environmentally significant lands, each alternative must be closely 25 scrutinized in its ability to fulfill the protection objective, relating to the specific resource 26 characteristics of a given site. 27 In deciding the pluses and minuses of each protection alternative, the consequences of each 28 protection scenario must be thought out. For example, a "no action" approach on a property 29 with zoning and land use designations that allow single-family residential development at 30 6 units per acre may potentially result in total elimination of natural resource values. A 31 conservation easement approach, however, may partially preserve the native plant 32 community on site, while not contributing to wildlife habitat needs. Depending on the 33 resource at hand, outright land acquisition may or may not be the necessary alternative. 34 Vulnerability (#7): The threat of conversion of environmentally sensitive lands is a factor 35 from the standpoint of immediacy. The location of a property, its configuration, and 36 existing natural resources should be evaluated to assess whether there is a high likelihood 37 that the lands could be converted to residential, commercial or agricultural uses. When 38 comparing two equally significant resource properties, the property with the most 39 immediate threat of development should be given a higher priority. 40 Additionally, existing regulatory restrictions must be considered in the evaluation process. 41 These regulatory processes would include zoning restrictions that may be in place, as well 28 9/6/2022 6:36:42 PM 347 I as other measures such as costly mitigation measures that would be required if a project 2 site were to be developed or otherwise converted. 3 Land Management Constraints (#8): With very few exceptions, natural communities in 4 Florida require some level of management. Many of Florida's natural communities are fire 5 adapted, meaning that the health and integrity of these systems relies on periodic natural 6 or prescribed fires. Additionally, because of the warm climate and abundant rainfall in 7 Florida, nuisance and exotic species proliferate here, and are a constant threat to the 8 ecological balance within conservation lands. 9 Land management constraints include: 10 • Adjacent land uses — whether adjacent land uses restrict the effective 11 management or restoration of a project (i.e. implementation of a fire 12 management plan, or limitations on the ability to restore wetland 13 hydroperiods) 14 • Extent of invasion by exotic species — treatment and management of exotic 15 species is a long-term commitment. The evaluation of properties should 16 consider the level of effort to eradicate and manage exotic species. In 17 addition, the type of exotic vegetation should be understood - Category I and 18 Category II species are considered more highly invasive, and pose a higher 19 level of threat to natural communities. 20 • Restoration costs and associated long-term management — properties that 21 have a high ecological value and require minimal restoration and long-term 22 management costs should receive a higher evaluation score. Additionally, a 23 project site that is contiguous with other compatible natural areas 24 management (preferably other conservation lands) may be able to develop a 25 cooperative management strategy benefitting both properties. 26 • Resiliency and sustainability considerations — the evaluation of the project 27 should consider whether climate change may affect the long-term 28 management of the natural areas, or whether there is likely to be a loss or 29 conversion of habitat. 30 • Site protection and security — the evaluation should consider whether the 31 adjacent land uses or site configuration would facilitate vandalism, ATV 32 damage, poaching, or other unauthorized site activities. 33 • Debris and waste — the evaluation should consider the extent of buried or 34 dumped debris, especially hazardous wastes. 35 Cooperative Acquisition Potential/Grant Opportunities (#9): Properties that other 36 agencies have interest in cost sharing with regard to purchase are a better value than 37 properties that must be solely purchased by the local government. Additionally, properties 38 whereby funding grants can be obtained for purchase are a plus. 39 Favorable Market Conditions (#10): A landowner's willingness to sell, as well as market 40 conditions that favor a land purchase which is considered a "good deal," come into play 41 when comparing a number of properties for purchase. Other factors to consider in the 29 9/6/2022 6:36:42 PM 1 category are the existence of leases, easements, or other encumbrances; the number of 2 property owners (fewer owners may result in expedited negotiations); the size of the parcels 3 (large tracts under common ownership are easier to acquire and manage in many cases); 4 and whether the condition of the parcels is consistent with future conservation uses. 5 Phase 3 of the land acquisition procedures is complete when each property under review 6 for purchase consideration has been evaluated for each of the referenced criteria, using the 7 Evaluation/ Prioritization Matrix (a copy of which is in the Appendices). The Matrix has 8 "weighting multipliers" for each of the ten criteria, which give certain factors more 9 importance than others for purposes of prioritization. Ultimately, each property is given a 10 total weighted score and grouped accordingly. Property grouping will consist of county 11 staff calculating a point total for each property, which will be reported to the ELAP and 12 modified as necessary based on review and consensus. The properties will then be placed 13 into a Tiered system for work in Phase 4. Tier 1 properties will be grouped as the first 14 priority in development of work plans and pre-acquisition negotiations. By grouping the 15 properties into Tiers, is in the intent to work on all properties in a Tier concurrently thereby 16 reducing delays by focusing on the highest to lowest valued sites individually. 17 Phase 4: Work Plans/Pre-Acquisition Tasks/Ne2otiations 18 It is anticipated that phases 1-3 will have resulted in the elimination of some of the originally 19 reviewed properties from acquisition consideration. The next step is a re -assessment of the three 20 Tiers to include any additional properties that have been submitted and evaluated, and then the 21 ELAP will present to the Board a revised summary of the acquisition parcels for the Board to review 22 and approve. Properties that have been grouped into a Tier on the ELAP's acquisition documents 23 can be considered for removal from consideration during the re-evaluation process, and at no other 24 time (unless purchased), or if 60 -days' notice is given to the property owner and to the ELAP prior 25 to the discussion for project removal. 26 Properties recommended and removed from the Acquisition List by the ELAP shall be reported by 27 county planning staff to the BOCC. 28 Prior to submittal to the Board of any proposal for the purchase of any property listed on the ELAP 29 Acquisition List, County staff and the acquisition consultant shall complete its due diligence 30 investigation and review of the proposed purchase terms. Due diligence investigation and review 31 shall include, without limitation, independently conducted appraisals and, prior to closing of Board 32 approved purchases, title searches and commitments, surveys, environmental assessments and any 33 other items deemed necessary by County staff in connection with the proposed acquisition. 34 County staff shall provide to the ELAP, within the confines of confidentiality requirements, data 35 obtained from the investigation for review prior to submittal of the Board agenda item, to assist the 36 ELAP in preparing its recommendations to the Board. The due diligence investigation and review 37 shall be consistent with (i) Chapters 125 and 286, Florida Statutes, and (ii) if applicable for certain 38 cooperative projects, Chapter 253, Florida Statutes and the procedures of the Division of State 39 Lands ("DSL"), Bureau of Appraisals and Bureau of Survey and Mapping of the Department of 40 Environmental Protection (the "Bureau") and shall at minimum include: 41 (a) with respect to environmental assessments, the assessments must meet the standards 42 and requirements established by the County and required by any applicable County 43 Ordinance or regulation, or DSL. For purposes of Cooperative Projects with the State, the 30 9/6/2022 6:36:42 PM 349 assessments must meet the standards and requirements of DSL. The person(s) conducting any assessments shall be competent, licensed professional(s) or County assigned personnel, and any reports must be certified to the County and/or cooperating agency; 4 (b) with respect to surveys, all surveys must meet the minimum technical standards and 5 requirements of the Florida Board of Professional Land Surveyors and include acreage 6 determinations, boundary stakes, preparation of legal description, boundary maps and state 7 plane coordinates, or DSL standards. For purposes of Cooperative Projects with the State, 8 the surveys must meet the standards and requirements of the Bureau. 9 Appraisal Requirements; Approved Appraised Value. 10 Appraisals of property to be acquired by the County will comply with and be reviewed in 11 accordance with this section. Techniques and methods used by fee appraisers, for appraisal reports 12 and reviews, shall substantially comply with the Uniform Standards of Professional Appraisal 13 Practice as defined under Chapter 475, F.S. For property to be acquired jointly with another public 14 agency, staff may elect to follow the appraisal procedures of that public agency, to the extent those 15 procedures differ from those contained in this section. 16 Staff and the acquisition consultant will provide to the fee appraisers a title report, a survey or 17 appraisal map, a specification of the right to be acquired, a list of items, if any, considered to be 18 non -compensable, and any supplemental appraisal requirements that apply. Items required to be 19 submitted to the fee appraisers may be modified, or eliminated, if staff determines they are 20 unnecessary to obtain an appraisal sufficient to protect the public interest under the requirements 21 of this section. 22 Appraisal reports will be accompanied by a sales history of the parcel for at least the prior five 23 years. The sales history will list those parties to each transaction involving the subject parcel as 24 well as the consideration paid, with the amount of consideration verified, if possible. 25 At least one appraisal will be required for each property purchased for an amount of less than 26 $500,000. At least two appraisals will be required by each property purchased for an amount of 27 $500,000 or greater. When two appraisals are required under this section and they differ 28 significantly, staff will request that the fee appraisers review the differences in their reports to 29 attempt to rectify their value conclusions in order to bring the appraisals within an acceptable 30 divergence. If the fee appraisers cannot so rectify their values, a third appraisal may be obtained. 31 Two appraisals will be considered to differ significantly if the higher of the two values exceeds the 32 lower value by at least 20%. The County Administrator may decide not to obtain a third appraisal 33 if they decide to attempt to negotiate an acquisition price of no more than 120% of the lower of the 34 two appraisals. 35 For purposes of this section, "approved appraised value" means the maximum amount in dollars 36 which may be paid to a seller in accordance with the procedures herein. The approved appraised 37 value is not intended to be used as a negotiating value, or target price, but merely an upper limit. 38 The approved appraised value for negotiation will be as follows: 39 (a) The appraised value approved for negotiation will be the value indicated in a single 40 approved appraisal if only one appraisal is required. If two appraisals are obtained and 41 approved when only one is required, the approved appraised value will be the higher of the 42 appraisals, regardless of their divergence. 31 9/6/2022 6:36:42 PM 350 I (b) If two appraisals are required and their values do not differ significantly (i.e. less than 2 20%), the approved appraised value for negotiation will be the higher value indicated in 3 the two approved appraisals. 4 (c) If a third appraisal is obtained and approved, the approved appraised value will be the 5 value of the higher of the two closest appraisals, as long as the two closest appraisals do 6 not differ significantly. If the two closest appraisals differ significantly, 120% of the lower 7 of the two closest appraisals will be the approved appraised value. 8 Staff may obtain a review appraisal when such a review would be required or desired by a joint 9 acquisition partner; when two appraisals reflect significantly different assumptions, analyses, 10 conclusions or comparable sales which appear to affect the opinions of value; or when the County 11 Administrator determines that County consideration of the acquisition would be benefited by the 12 obtaining of such a review. 13 Negotiations. 14 Owner contact, whether pre -negotiation or negotiation, will be through staff or the County's 15 authorized representative; all offers and counteroffers will be in writing. 16 Staff and the acquisition consultant will formulate a negotiation strategy for each acquisition of 17 property prior to the commencement negotiations. The objective of all purchase negotiations shall 18 be to obtain the appropriate interest in land, without encumbrances or other restrictions that render 19 the land unsuitable for the management goals for which it is sought to be acquired, at the lowest 20 possible price. 21 In the course of negotiations, staff and/or the acquisition consultant will discuss the advantages of 22 a donation or bargain sale, including the potential for a seller to claim a federal income tax 23 deduction or other advantageous tax treatment. As an incentive for sellers to sell (or donate) 24 property at a discount (below the approved appraised value), it shall be the County's policy to verify 25 a discounted purchase price and to provide other pertinent information, as applicable, on a seller's 26 appropriate federal income tax form, if so requested by the seller. When negotiating the purchase 27 of properties that include wetlands or potential state-owned sovereignty lands, staff and the 28 acquisition consultant will discuss with the seller the benefits of obtaining a safe upland line survey, 29 as opposed to a mean high water or ordinary high-water survey. In its negotiations, staff will 30 consider the benefit to the owner of receiving cash. 31 As early as possible in the negotiations, staff will notify the landowner in writing that final purchase 32 approval is subject to affirmative action by the Board, and of the governing body or other 33 appropriate authority of any cooperating acquisition agency. When the landowner is represented 34 by an agent or broker, negotiations may not be initiated or continued with the agent until a written 35 statement signed by the landowner verifying the agent's legal or fiduciary relationship with the 36 owner is on file with the County. 37 During the course of negotiations, a property may be given an "inactive status" if no landowner (or 38 landowner agent) contact has occurred for 6 months or more due to lack of response on the part of 39 the landowner(s). When the ELAP designates a property as "inactive," staff will notify the 40 landowner that no further County action or negotiations will occur unless initiated by the 41 landowner. The landowner will also be advised that in the meantime the County will continue to 32 9/6/2022 6:36:42 PM 351 1 actively negotiate the purchase of other properties, and the longer the landowner waits, the less 2 likely that funds will be available for County purchase of his or her property. 3 The maximum price to be paid for an acquisition will be the approved appraised value. 4 Notwithstanding, in accordance with Section 253.025 (1)(b) If the agreed purchase price exceeds 5 the average appraised price of the two appraisals, the governing body is required to approve the 6 purchase by an extraordinary vote. The governing body may, by ordinary vote, exempt a purchase 7 in an amount of $100,000 or less from the requirement for an appraisal. 8 Conceptual management plans. 9 Once County staff and the acquisition consultant negotiate terms of a purchase option contract, 10 staff and the acquisition consultant (and its associates) will develop a conceptual management plan 11 consistent with Chapter VI of the ELP Guide. The conceptual management plan will be drafted in 12 accordance with cost -share partner criteria, as applicable, and will be presented to the ELAP and 13 to the BOCC for consideration in conjunction with ELAP and Board consideration of purchase 14 option contracts. Resolution 22-016 requires that public access improvements and ecological 15 restoration and management are included as part of the acquisition cost for conservation lands. The 16 management plan will provide a summary of these costs so that the BOCC may review this 17 information as part of their consideration of properties to acquire. 18 Phase 5: Final Report and Recommendations; Confidentiality 19 To the extent consistent with applicable confidentiality requirements, once the appraisals have been 20 conducted and negotiations have commenced, planning staff will regularly report the status of 21 negotiations to the ELAP. The ELAP will review the status of negotiations and may recommend 22 revisions to work plans and make recommendations for acquisition to the BOCC. 23 24 Confidentiality of Appraisals, Offers and Counteroffers. 25 (1) When required by County cost -share acquisition partners, appraisal reports, offers and 26 counteroffers, prepared or received in accordance with the County's acquisition of 27 property, are confidential and exempt from the provisions of Section 119.07, F.S., until an 28 option contract is executed or, if no option contract is executed, until 30 days before a 29 purchase instrument is considered for approval by the Board. However, staff may disclose 30 appraisal reports or other confidential information to public agency or nonprofit joint 31 acquisition partners where the agency or partner has committed to joint acquisition with 32 the County, and all individuals who will be privy to confidential information have signed 33 a confidentiality pledge acceptable to staff. In certain circumstances, the County may opt 34 not to exercise confidentiality of appraisals and negotiations, when it does not conflict with 35 cost -share partner requirements (i.e., "pre -acquisitions" or non -partner acquisitions) and 36 when it is in the County's interest. 37 The County may release an appraisal report when the passage of time has rendered the 38 conclusions of value in the report invalid, or when the County has terminated negotiations. 39 However, once appraisals have been made public, they will not again be used as appraisals 40 approved for acquisition by the County. 33 9/6/2022 6:36:42 PM 352 1 (2) Appraisals, including any review appraisal, may be submitted to the ELAP for its 2 review, but only in conjunction with ELAP consideration of a contract negotiated by the 3 County and executed by the seller. Under this circumstance, appraisals and reviews will be 4 made public at the time of their submittal to the ELAP, provided the timing is such that a 5 purchase instrument for the property is scheduled for Board approval consideration within 6 30 days, as heretofore explained, unless precluded by the cost -share partner. 8 The ELAP's recommendation for project acquisition is presented to the County Commission at a 9 duly advertised public hearing, along with a staff assessment report, conceptual management plan 10 and the appraised value at the next available Commission meeting. Once an option contract has 11 been executed by the seller and the ELAP has made a recommendation on whether the County 12 should or should not purchase a property at the negotiated purchase price, the matter will be 13 presented to the BOCC, including a report of the ELAP's recommendations for the Board's 14 consideration. If the project proposal does not receive the necessary votes for acquisition by the 15 Commission, then the application will be eliminated from consideration, unless re -nominated in 16 the next fiscal year review cycle or unless there is direction from the County Commission to 17 continue consideration. 18 With regard to properties approved for acquisition by the BOCC, county staff shall work with the 19 applicable landowner in finalizing transactions. 20 Project proposals approved by the Commission for inclusion in the Indian River County parks and 21 recreation system shall be forwarded to the Public Works Department and the Planning Division 22 for park development. Project proposals designated for matching fund programs of any cooperating 23 agency shall be submitted in a timely fashion. 24 If a project proposal is co-sponsored by another agency in cooperation with Indian River County, 25 that agency shall be notified of the action taken by the County Commission. If the County 26 Commission votes for project acquisition, then the County and the participating agency shall 27 negotiate the acquisition price. The management responsibility of the project shall also be 28 negotiated. 29 State Law. All real property acquisitions shall comply with the provisions of state law including, 30 but not limited to, those imposed by Chapter 125 and Chapter 286, Florida Statutes. In addition to 31 the special requirements of Section 125.37, Florida Statutes, relating to exchanges of County 32 property, the requirements imposed by this Guide shall apply to the property being received by the 33 County in any exchange. 34 Purchase Nezotiations with Profit and Nonprofit Organizations 35 (a) Authorization. The Board may authorize a profit or nonprofit organization as 36 defined in section 501 (c)(3) of the Internal Revenue Code, to negotiate with the 37 owners of qualified lands hereunder, to determine specific terms upon which an 38 owner would be willing to sell said land. When negotiations terminate, a copy of 39 the organization's negotiation file shall be provided to the County. 40 (b) Acquisition Documents. The organization may obtain an option to purchase and 41 offer the results of its negotiations to the County together with a transfer of the 42 option to purchase after recommendation for purchase of the land by the ELAP. 34 9/6/2022 6:36:42 PM 353 1 (c) Non -Exclusive Authority. This authorization to negotiate is non-exclusive and shall 2 not preclude an owner of land from negotiating with the County or other third party 3 if he or she so chooses. 4 (d) Nonagency. In no event shall this Guide, the authorization herein, or an 5 organization's negotiations create an agency relationship, express or implied, 6 between an organization and the County. The County shall not be bound to any 7 person or entity to approve or consummate any purchase, or exercise any option to 8 purchase, as a result of the organization's negotiations, or any other act or omission 9 of the organization involving any land, unless and until approved by formal action 10 of the Board. Any transaction shall be subject to implementation upon approved 11 documents and in accordance with County policies. 12 Emergency Aeauisition 13 While it is most desirable to plan for all land acquisition in accordance with the procedures set forth 14 in this guide, it is recognized that under some circumstances such planning is not possible. 15 Emergency situations occur which may require expeditious actions that will not permit the 16 expenditure of time required in the normal planning and review process; it is administratively 17 desirable to bring such matters to the County Commission's attention in a short timeframe. 18 Before any action can take place, an emergency acquisition situation must be declared. This may 19 be an independent ELAP decision, a directive from the BOCC, or a joint determination by the 20 ELAP and the appropriate local, state or federal agency. An emergency can be declared only if at 21 least one of the following conditions exists: 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 -- Critical habitat or natural resources not on the priority list are identified as being under an unforeseen immediate threat of destruction or damage. -- Previously identified habitat or natural resources listed on the priority list are under immediate and unforeseen threat. -- An immediate opportunity exists for cost -share purchase of critical habitat or natural resources in conjunction with another agency. The following steps must be followed to obtain the County Commission's approval in a defined emergency situation: -- Staff shall develop a justification report for the action, including an environmental assessment, (a brief discussion of important impacts will suffice). -- Applicable local, state or federal agencies that may have participated in an acquisition study or in funding relating to the property shall be contacted. -- The Chairperson of the ELAP, through the ELAP Liaison, shall call a meeting for the purpose of reviewing the problem on no less than 48 hours' notice, and, on the affirmative vote of a majority of the ELAP members voting with a quorum present, the ELAP Liaison shall advise staff to prepare a County Commission agenda item with ELAP recommendations pertaining to the matter. If the emergency acquisition review is initiated via a directive from the BOCC, the ELAP shall, in all cases, report to the Board with recommendations (within a time -frame specified by the Board, as applicable). 35 9/6/2022 6:36:42 PM 354 36 9/6/2022 6:36:42 PM 355 1 CHAPTER VI 2 LAND MANAGEMENT 3 Acquisition of lands for conservation purposes requires a commitment to long-term land 4 management. Historically, the habitats we enjoy today were maintained and transformed by natural 5 cycles of fire, weather and flowing waters. Habitat fragmentation by roads, development and other 6 human disturbances creates challenges for land managers. As a result, the primary focus when 7 undertaking land management is restoring and maintaining, to the extent feasible, the natural 8 processes that influence the function and species composition of our diverse natural communities. 9 Examples of land management activities include: securing property boundaries, implementing 10 prescribed fires, removing invasive plants and animals, restoring hydrological cycles, re -vegetation 11 of barren areas, and creating public access trails. 12 Restoration and management of acquired conservation lands is a key aspect of the County 13 Environmental Lands Program. In this chapter, the process for developing and implementing a land 14 management plan is outlined. Additionally, the potential funding opportunities to assist the County 15 with implementation of management plans is presented in this section. 16 RESPONSIBILITIES 17 The development and implementation of an effective land management plan is the responsibility 18 of the Conservation Lands Manager. This position is supported in these efforts by Conservation 19 Lands Program field crews and other supporting staff. The Parks and Recreation Division and other 20 County Department also provide support for land management planning and implementation. The 21 following narrative provides a summary of the conservation land management process. 22 Manaeement Planning 23 Development of conceptual management plans for acquired conservation lands is important to 24 layout site-specific management needs, strategies, costs and timelines for each conservation area. 25 Cost -share agencies such as the Florida Communities Trust require the County to develop 26 management plans prior to closing joint purchases or, for pre -acquisitions, prior to cost -share 27 funding reimbursement. Management plans for properties acquired with cost -share partners, which 28 accounts for most acquisitions, must be written in accordance with cost-sharing agency guidelines. 29 A land management plan generally is broken down into three components: (1) a Resource 30 Management Component; (2) a Land Use Component; and (3) an Implementation Component. 31 These three elements are interrelated, meaning in this case that each component overlaps or is 32 dependent upon the actions of the others. 33 The Resource Management Component provides a detailed inventory and assessment of the natural 34 and resources of a conservation tract. Resource management needs and issues are identified, and 35 measurable management objectives are established for each of the conservation area's management 36 goals and resource types. This component provides guidance on the application of such measures 37 as prescribed burning, exotic species removal, imperiled species management, and restoration of 38 natural conditions. 39 The Land Use Component is the recreational resource allocation plan for the conservation area. 40 Measurable objectives are established to address factors such as access, population, adjacent land 41 uses, the natural resources of the property, current public uses, and existing amenities or other 42 development. Each of the factors should be provided consideration when determining the ultimate 37 9/6/2022 6:36:42 PM 356 1 allocation of space within the conservation areas. These objectives consider the appropriateness of 2 the potential use of each area, and propose the types of resource-based recreation and associated 3 facilities and programs to be provided. For conservation lands, it is required that these intended 4 uses are in harmony with the overarching resource management component described above. 5 The Implementation Component consolidates the measurable objectives and actions for each of the 6 property's management goals. A schedule for implementation of actions, and cost estimates are 7 included for each objective and action. Included in this table are (1) measures that will be used to 8 evaluate the County's implementation progress, (2) timeframes for completing actions and 9 objectives and (3) estimated costs to complete each action and objective. 10 The implementation component addresses the administrative goals, and reports on the County's 11 progress toward achieving resource management, operational and capital improvement goals and 12 objectives for each conservation area. This component also compiles the management goals, 13 objectives and actions expressed in the separate parts of this management plan for easy review. 14 All development and resource alteration proposed in these management plans are subject to the 15 granting of appropriate permits, easements, licenses, and other required legal instruments. Approval 16 of the management plan does not constitute an exemption from complying with the appropriate 17 local, state or federal agencies. 18 County staff and the County's Environmental Lands Program consultant (and its associates) are 19 responsible for developing management plans. Staff will present management plans to the ELAP 20 for review and recommendations, and then to the County Commission for final approval. County 21 staff and/or a designated ELAP representative shall report ELAP recommendations on management 22 plans to the County Commission when the Commission considers the plans for approval. 23 Management Implementation 24 Management of conservation lands is the responsibility of the Conservation Lands Program. This 25 program consists of a Conservation Lands Manager assisted currently by 4 staff. Two of these staff 26 members are field employees. The Conservation Lands Program has the assistance, when needed, 27 of the County Parks Maintenance Division. The Parks Maintenance Division is staffed currently 28 by 27 field employees and manages all units in the park system. 29 Volunteer support to help provide public access, interpretive and educational activities, and 30 resource management assistance is encouraged and coordinated by the Conservation Lands 31 Manager. Local high school and collegiate science clubs, members of the Eugenia Chapter of the 32 Native Plant Society, the Pelican Island Audubon Society, the Environmental Learning Center, the 33 Florida Oceanographic Society, the Clean Water Coalition, Indian River County Historical Society 34 and other organized groups and individuals may provide valuable assistance in operation, 35 interpretation and resource enhancement activities of conservation lands. The Parks Division may 36 employ contract labor, as needed, for resource management tasks and public access improvements. 37 Resource management activities are the responsibility of the Conservation Lands Manager. County 38 staff, contract labor and volunteer labor will undertake tasks such as exotic plant removal and 39 restoration of native vegetation. Assistance for resource management projects may be coordinated 40 agencies such as the Indian River Mosquito Control District, The Florida Fish and Wildlife 41 Conservation Commission (FWC), the U.S. Fish and Wildlife Service and the St. Johns River 38 9/6/2022 6:36:42 PM 357 Water Management District. Assistance with prescribed fire management planning and prescribed burning will be sought from the Florida Forest Service. 3 The Conservation Lands Manager will also seek cost -share funding for management tasks by 4 applying for cost -share grants through such programs as the Florida Inland Navigation District 5 Waterways Assistance Program; the Florida Greenways and Trails Program; the Florida Recreation 6 and Development Assistance Program (FRDAP); the FWC Invasive Upland Plant Removal 7 Program; the Indian River Lagoon National Estuary Program, and other potential sources. 8 Progress Renortin 9 The Conservation Manager drafts annual stewardship reports for those conservation areas with 10 cost -share acquisition partners that require annual reporting (i.e., the FCT). Each stewardship report 11 includes a review of provisions of the conservation area management plan and serves to update the 12 resource inventories for each property. 13 In addition to resource enhancement and protection, development of public facilities is another 14 component of the management of conservation lands. Conceptual management plans include 15 details concerning the need and function of various public access improvements, such as 16 boardwalks, restrooms, trails, and picnicking areas. The progress of these improvements, including 17 the design, permitting and construction milestones, is reported on a percent -complete basis. After 18 facilities are developed, the Conservation Lands Manager estimates annual visitation and includes 19 a summary of use of the project site by organized groups in annual stewardship reports. 20 Annual stewardship reports will serve to update conservation area management plans. Management 21 plans may be updated to address specific planned and unplanned events. Changes, if any, in the 22 management regime or the conceptual development scheme described in the plans will be explained 23 in detail in the annual stewardship reports. 24 KEY MANAGEMENT ACTIVITIES 25 The following list summarizes key management activities typical to conservation areas, in priority 26 order. Each conservation area management plan includes a tentative timeline for management 27 activities. The timing of management activities is subject to adjustment, as scheduling depends on 28 the availability of funding, staffing and inter -governmental assistance for the management of 29 project sites. 30 1. Install boundary fencing (optional, depending on site-specific characteristics). 31 2. Complete a land use map based on Florida Natural Areas Inventory (FNAI) classifications 32 and priorities 33 3. Inventory plant and animal species. 34 4. Develop exotic plant removal and revegetation plan. 35 5. Identify other restoration/enhancement needs (e.g. hydrologic improvements) 36 6. Identify opportunities and seek funding for natural community enhancement efforts. 37 7. Initiate public access design planning. 38 8. Layout and create a trail network for public access, where appropriate. 39 9. Initiate exotic vegetation plant removal. 40 10. Implement continuous follow-up treatment program for exotic plants. 41 11. Develop mechanical fuel reduction/prescribed fire management plans (for scrub 42 communities). 39 9/6/2022 6:36:42 PM 358 1 12. Begin fuel reduction and fire management activities (for scrub communities). 2 13. Initiate any permitting required for construction of public access improvements. 3 14. Contract reconnaissance level cultural resources survey (on sites suspected to have cultural 4 resources) 5 15. Construct and begin maintenance of public facilities. 6 7 Boundary Fence (Optional 8 Perimeter fencing serves to define conservation area boundaries and prevent, in some 9 circumstances, yard encroachments from adjacent landowners. Perimeter fences also serve to 10 control public access and deter uses detrimental to resource conservation (e.g., off-road vehicles). 11 The need for fence lines along entire perimeters of conservation lands varies with site conditions. 12 For example, it may not be necessary to install fence lines along boundaries with wetlands or other 13 natural impediments that limit uncontrolled access. Relatively low-cost agriculture "field fence" 14 (wooden posts and wire -mesh without barbed wire) is typically used vs. other fence types. In certain 15 cases, fencing of another design may be warranted (i.e., wooden privacy fence or chain-link fence) 16 due to adjacent land uses, subject to County Commission approval. 17 Land Use Mapping & Plant and Animal Inventory 18 During the first year after acquisition of a conservation property by Indian River County, County 19 staff will complete reconnaissance of each property to produce a land use map of the natural 20 communities and other features of the site (e.g. disturbed lands, structures, etc.). Concurrent with 21 this mapping, staff will develop a comprehensive plant and animal species list. Information 22 gathered by these surveys will guide further resource management planning and the design 23 processes for public facilities. The plant and animal inventory ensure maximum protection of native 24 biota on a site under management by the County. Protected species will be located and mapped 25 during these surveys. Information obtained from the survey will be used in the design of public 26 facilities to minimize impacts to protected species. 27 Nuisance & Exotic Vegetation Management 28 Within one year of acquisition of a conservation area, Indian River County will develop a 29 comprehensive plan and schedule for removing nuisance and exotic vegetation from the 30 conservation lands. The exotic plant control plan will also include a re -treatment and maintenance 31 component to guide continuous monitoring and herbicide application, mechanical, and/or manual 32 treatment of volunteer plants. Control of nuisance and exotic vegetation will be on-going, as the 33 establishment of new species and re -colonization of treated species is an ever-present threat. 34 Mechanical Treatment and Fire Management 35 Sand pine scrub, xeric oak scrub, mesic pine flatwoods and scrubby flatwoods are "fire -adapted" 36 plant communities whereby endemic flora and fauna of these communities benefit from periodic 37 burns. In most cases on acquired conservation lands, fire has been suppressed for many years due 38 to development pressures fragmenting large areas, and the response of fire crews to extinguish fires 39 that threaten developed lands. As a result, habitats in these plant communities are not optimal and 40 "fuel loading" occurs, which increases the severity and danger of uncontrollable wildfire. 41 40 9/6/2022 6:36:42 PM 359 I Fire is an important function of these areas and is necessary to keep them ecologically healthy and 2 safe. Restoration of "natural" fire regimes in these fire -adapted communities is a management 3 priority under the County's Environmental Lands Program. The primary management tool for scrub 4 and scrubby flatwoods communities will be the introduction of prescribed bums, with the assistance 5 of the Florida Forest Service. Buildup of duff (leaf litter) and increases in the height and density of 6 vegetation contributes significantly to uncontrollable fires, and typically results in a reduction in 7 species diversity (and corresponding potential habitat). Prior to the reintroduction of fire, 8 mechanical fuel reduction (through roller chopping, canopy thinning, or shredding understory 9 vegetation) measures may be necessary to maintain control of prescribed fires. In addition, it is 10 likely that defensible space (firebreaks and harrow lines) will be developed to provide a measure 11 of confidence that fire can be controlled when it is reintroduced. 12 Cultural Resources Survey 13 On conservation lands suspected to support cultural resources, a Level I cultural resource survey 14 will be conducted prior to construction of public access improvements. This survey is also required 15 in the event that public access improvements require issuance of an Environmental Resource Permit 16 (ERP) from the State for construction. If recommended by the Level I Survey report, site-specific 17 surveys by qualified archaeologists will be conducted during the design of public access facilities. 18 The collection of artifacts or the disturbance of archaeological and historical sites at a conservation 19 area will be prohibited without authorization from the Department of State, Division of Historical 20 Resources. Appropriate protective measures will be taken in the event cultural sites are discovered 21 on a property in the future. Management of cultural resources will be coordinated with the Division 22 of Historical Resources. 23 Public Access Facilities 24 Conservation of natural resources is the primary objective of the County Environmental Lands 25 Program. A secondary objective is public access for passive recreational use that is compatible with 26 resource conservation. For most of the land acquisitions under the program, the County is 27 committed to providing public access improvements as a condition of a cost -share acquisition grant 28 (e.g., FCT grant awards). Notwithstanding grant award conditions, public access to conservation 29 lands serves the County's own objective of providing passive recreational opportunities for citizens 30 of the Indian River County. 31 Public access facilities typically planned for County conservation lands include: low -intensity 32 parking areas; kiosks and education sign displays; nature trails; boardwalks; and overlooks. Other 33 improvements, depending on property location, size and anticipated use, may include: restrooms; 34 pavilions; picnic areas; outdoor classrooms; canoe landings; or boat docks. 35 Public access facilities will be designed to minimize impacts to native flora and fauna. In most 36 cases, construction of public access facilities will occur only after initial resource management 37 tasks are completed (e.g., timber harvesting, prescribed bums), to prevent reduce management and 38 use activity conflicts. Management plans for each conservation area will include tentative timelines 39 for design and construction of public access improvements. Those timelines, however, will be 40 subject to revision, depending on the availability of funding from the environmental lands bond 41 fund, from the County Conservation Lands budget as approved by the County Commission, from 42 cost -share grants, or other funding sources (as described in the following section of this Guide). 43 41 9/6/2022 6:36:42 PM 360 COSUFUNDING Resource Management and Development Cost Estimates 3 Management plans for each conservation area include preliminary cost estimates for resource 4 management and public access improvements, based on current market costs (at the time of 5 management plan drafting) and estimated quantities for resource management and public access 6 improvements outlined in the plans. The estimates assume that the County will augment the County 7 staff tasked with resource management with private contractors on an as -needed basis. These costs 8 may be significantly reduced by seeking grant funding or by the use of volunteer labor to 9 accomplish the work, where appropriate. 10 Some adjustments in preliminary cost estimates may be necessary as more detailed plans are 11 developed. Over time, market conditions and prevailing rates of inflation in the general economy 12 may act to increase or decrease actual costs for contract services and construction. 13 Funding Sources 14 Several sources of funding are available for management and development of conservation lands. 15 Funding from the County environmental lands bond fund may be used to provide for initial resource 16 management improvements and initial public access capital improvements. County mitigation 17 accounts for upland and wetland enhancement projects may also be applied. The County's tree 18 removal violation fines account is a third source of funds for resource management activities. 19 Operations, staffing and development funds are annually budgeted by the County Conservation 20 Lands Program, subject to County Commission approval. Matching funds may be obtained through 21 various grant programs, and from donations of cash, materials or labor by local businesses and 22 citizens. 23 9/6/2022 6:36:42 PM 42 361 1 APPENDICES 2 Land Acquisition Project Application 3 County Resolution No. (To Be Added When Adopted) 4 I.R.C. Comprehensive Plan Policy Excerpts 5 ELAP Evaluation/Prioritization Matrix 6 Minimum Criteria for LAAC Property review 9/6/2022 6:36:42 PM 362 ENVIRONMENTAL LAND ACQUISITION PARCEL NOMINATION FORM Indian River County Board of County Commissioners Resolution 2022-16 authorized a Bond Referendum to be placed on the November 8, 2022 ballot. The resulting Environmental Bond Referendum approved by the voters was established with the goal to acquire lands to "protect water resources, the Indian River Lagoon, Natural Areas, wildlife habitat, drinking water resources, and to construct public access improvements" on acquired properties for the use and enjoyment of the residents of Indian River County. NOMINATING PARTY CONTACT INFORMATION Date Submitted: Name of Party Submitting: Affiliation: Address: Phone: Email: OWNER CONTACT INFORMATION Name: Parcel ID#: Property Address: Mailing Address: Phone: Email: PROPERTY INFORMATION The criteria described in the Resolution outlines the focus of the land acquisition objectives. Please describe the property's value in terms of protection of water resources, the Indian River Lagoon, Natural Areas, wildlife habitat, and drinking water resources. Provide additional attachments as needed. Please provide a description of notable features, existing improvements, structures, and opportunities for public access. Provide additional attachments as needed. Indicate the type of acquisition anticipated (e.g. fee simple, conservation easement, donation, etc.), and provide any additional information on the value of the property for acquisition. Please provide a map showing the location and boundary of the property. Photographs and any additional information are optional. This form, together with all submitted information accompanying the form, will be reviewed by County staff to determine if the criteria for natural resource value has been demonstrated. If criteria are met and the property owner is willing to donate, sell or provide a conservation easement for the property, additional information will be reauired. Questions? Contact the Conservation Lands Program at (772) 226-1781. Please return the completed form and additional information to Conservation@ircgov.com, or to the attention of: Wendy Swindell, Indian River County Intergenerational Center, 1590 Oslo Road, Vero Beach, FL 32962- INDIAN RIVER COUNTY 2030 COMPREHENSIVE PLAN GOALS, OBJECTIVES AND POLICIES (that are served by or relate to the County Environmental Lands Program) CHAPTER 2 - FUTURE LAND USE ELEMENT OBJECTIVE 1: COMPACT, ENERGY EFFICIENT, LOW-DENSITY DEVELOPMENT Indian River County will have a compact and energy efficient land use pattern; an overall low density character; and adequate land for utility facilities necessary to support development. By 2030, the overall residential density of the unincorporated portions of Indian River County, within the Urban Service Area, will be 1.75 units/acre. Policy 1.8: C-2 and C-3 designated lands shall be considered for public acquisition. OBJECTIVE 7: Protection of Natural Resources By 2015, there will be at least 108,500 acres of environmentally important land under federal, state, or county ownership or control within the unincorporated portion of Indian River County. In 2007, there were 105,186 acres of conservation land in public ownership. Polio: The County shall provide protection to environmentally sensitive lands through land development regulations that limit building densities, require mitigation for impacted areas, permit the transfer of development rights, and promote the use of conservation easements, dedications, and public acquisition. Policy 7.10: Through the use of fee simple purchase, transfer of development rights, and conservation easements, Indian River County shall coordinate with other state, federal and local agencies to identify and protect vegetative communities identified in Conservation Element policies 6.1 through 6.7. OBJECTIVE 16: Protection of The Indian River Lagoon Through 2030, the portion of the Indian River Lagoon within unincorporated Indian River County will be have a class II state water quality rating. Policy 16.3: Indian River County shall continue to provide technical, monetary and political support to conservation programs aimed at land acquisition on the barrier island and in other coastal conservation areas. OBJECTIVE 17: Coastal Population Control Through 2030, the county will have no increase in land use designation density or intensity within the Coastal High Hazard Area. Polio: The county shall support programs of land acquisition on the barrier island for natural resource preservation, recreation or both. 364 CHAPTER 8 - CONSERVATION ELEMENT The purpose of the Conservation Element is to identify the natural resources in Indian River County, to analyze natural resource issues and problems, and to establish applicable goals, objectives, and policies. OBJECTIVE 5 Wetlands Through 2020, there will be no net loss of the natural functions and values of wetlands or deepwater habitats in Indian River County. Policy 5.8: Consistent with Policy 8.1 of the Coastal Management Element, Indian River County will participate in the Indian River Lagoon `Blueways" Conservation and Recreation Lands (CARL) project to acquire important undeveloped estuarine wetlands bordering the IRL by providing local funding assistance, and by providing "in-kind" services, such as identifying environmentally -sensitive parcels. OBJECTIVE 6 Upland Vegetation Communities Using 2008 conservation land acreage as a baseline, Indian River County shall, by 2020, preserve a minimum of 500 additional acres of upland native plant communities to sustain viable populations of native plant and animal species and protect representative stands of each habitat type in Indian River County. The additional acreage shall be preserved through the establishment of conservation easements and/or fee simple acquisition. Policy 6.1: The county shall continue to assist regional, state and federal agencies in the establishment of regional preserves for sand pine/xeric scrub, tropical/coastal hammock, and coastal strand, pine flatwood, and dry prairie vegetative communities by identifying lands eligible for acquisition, and by providing local cost -share funding. These preserves shall be of a sufficient size to function as "wildlife corridors" in order to maintain viable populations of endemic plant and/or animal species. Policy 6.2: Using 2008 conservation land acreage as a baseline, the county shall, by 2015, restore and manage or assist in the restoration and management of, a minimum of 100 acres of xeric scrub vegetation, in coordination with the U.S. Fish and Wildlife Service (FWS) and the Florida Fish and Wildlife Conservation Commission (FWC), to ensure that use and management of the property is compatible with the maintenance of viable populations of endemic plants and/or animal species. The following sites shall be included: the North Sebastian Conservation Area Addition; the Cypress Bend Community Preserve; and the Sand Lakes Conservation Area. Policy 6.3: The county shall, assist the FDEP and USFWS in the management of publicly owned coastal/tropical hammock and coastal strand conservation lands on the northern portion of Orchid island by providing in-kind" services. Policy 6.4: The county shall continue to review its environmental land acquisition guide on a regular basis, and shall update the guide as deemed appropriate. a. The land acquisition guide shall include factors to be considered to assess and prioritize acquisition proposals, such as: 1. resource values/physical features, such as proximity and value to other resources, recreational trail systems and greenways; 365 2. environmental values, such as lands verged or expected to support rare, endangered, or threatened species; 3. water quality protection, such as whether or not such lands buffer natural surface waters or preserve aquifer recharge areas; 4. management considerations, such as feasible multiple public use of the property, compatible with resource conservation; 5. financial considerations, such as funding availability; 6. market considerations; 7. social and economic values, such as historic preservation, environmental education, recreation, and scenic aspects; 8. agricultural protection, such as the preservation of active agricultural use lands through the acquisition of agricultural conservation easements; and 9. the need for acquisition to protect the natural community where appropriate protection cannot be afforded by land development regulations. b. The land acquisition guide shall identify methods of land acquisition to be considered that may be appropriate, depending on any given proposal, including purchase, donation, exchange, installment sale, and use of intermediaries (e.g. Natural Conservancy). C. Land acquisition shall be considered only after all "non -acquisition" options for environmentally sensitive or environmentally important lands protection have been explored and rejected as inappropriate, including easements, rental (lease), withdrawal (public domain), zoning, acquisition by other entities, cooperative agreement, permit restrictions, administrative regulation, and "no action". Policy 6.9: The county shall, continue to protect all significant groupings of the following vegetative communities: xeric scrub, coastal strand, and coastal/tropical hammock. These native upland vegetative communities shall be preserved and protected through fee simple acquisition, the establishment of conservation easements under LDR Chapter 929 - Upland Habitat Protection, and by enforcing LDR Chapter 927 - Tree Protection and Land Clearing. Polices The county shall prioritize the following pine flatwood/dry prairie communities for acquisition: • Flatwoods/dry prairie communities associated with the St. Sebastian River Buffer Preserve; • Flatwoods/dry prairie communities in southwest Indian River County, identified by the Florida Fish and Wildlife Conservation Commission (FEC) and Treasure Coast Regional Planning Council (TCRPC) as potentially contributing to a regional "wildlife corridor"; and • Flatwood/dry prairie communities complementary to riverine wetlands and other natural systems which contribute to upland wildlife species diversity. OBJECTIVE 7 Wildlife and Marine Habitat Through 2025, there will be no reduction in the critical habitat of endangered or threatened aquatic and terrestrial species of flora and fauna occurring in Indian River County. For the purpose of this objective, "critical habitat" is defined as the minimum required sum of environmental conditions in 366 a specific area necessary to sustain a given species. The protection of critical habitat shall be measured and evaluated on a site development basis. Policy 7.1: As set forth in the policies of Objective 1 of the Coastal Management Element, the county shall conserve, appropriately use and protect non -threatened, non -endangered fisheries, wildlife, wildlife habitat and marine habitat (e.g. seagrass beds). Policy 7.2: The protection of critical habitat shall be measured and evaluated on a site development basis. For developments on property known to support endangered or threatened species of plants or animals, or on property expected to significantly contribute to such species' habitat needs, the developer shall be required to notify the appropriate regional, state and federal agencies and provide proper protection to the maximum extent feasible. Policy 7.3: The county shall take measures, as set forth in the policies of Objective 5 and Objective 6 of this element, to protect significant upland, wetland and deepwater communities that provide habitat for threatened or endangered species, as well as non -threatened, non -endangered species. Policy 7.11 The county shall take actions recommended by the Committee for a Sustainable Treasure Coast to sustain quality natural systems in Indian River County, including use of land acquisition, development cluster requirements, conservation easements, transfer of development rights and mitigation banks to conserve natural systems. OBJECTIVE 8 Recreational Uses of Natural Resources Using 2008 recreational and open space land acreage as a baseline, the county, by 2020 shall increase, by a minimum of 500 acres, the amount of recreational and open space land accessible to the public for resource-based passive recreation, compatible with natural resource conservation. Policy 8.1: As set forth in Objective 6 of the Recreation and Open Space Element, the county shall take measures to provide sufficient resource-based parks, access, and outdoor recreational opportunities for the residents of Indian River County. These measures shall include developing public access improvements on county -acquired beachfront and riverfront conservation lands. Policy 8_6: Consistent with Conservation Policy 6.4, the county, in evaluating lands to be acquired for conservation purposes, will give priority to those lands that create new or enhanced greenways and recreational trail systems. OBJECTIVE 12 Natural Resource Management By 2020, the county's conservation lands shall be restored to viable ecological condition and improved for compatible passive recreational public access. Policy 12.1: The county, in cooperation with the State Division of Forestry, U.S. Fish and Wildlife Service, and the Florida Fish and Wildlife Conservation Commission, will conduct prescribed bums on a rotational basis at the Wabasso Scrub Conservation Area, the North Sebastian Conservation Area, and other county -owned scrub habitat. Policy 12.2: By 2010, the county shall adopt an interagency management agreement on implementation of the Sebastian Area -wide Florida Scrub jay Habitat Conservation Plan. Policy 12.3: By 2010, the county shall enter into a written inter -local agreement with the City of 367 Vero Beach regarding management of the Prange Islands Conservation Area. Policy 12.4: For land tracts acquired through the Environmental Lands Program, the county shall require a site-specific management plan be adopted within one year of acquisition. Such management plans shall be subject to the review and recommendations of the County Conservation Lands Advisory Committee (CLAC). The County will, where feasible, construct public access improvements within two years of the management plan adoption. Policy 12.5: The county shall solicit grants from regional, state and federal agencies to supplement management funds for acquired lands. Funding will be used for the following purposes: 1. restoration and enhancement of impacted wetland and upland areas; 2. establishment and/or improvement of public access; 3. promotion of environmental education/awareness; 4. eradication of nuisance exotic vegetation; 5. posting of signage and boundary markers; and 6. prescribed burning on scrub lands. Polio County staff shall attend meetings concerning land acquisition and management issues for lands owned and managed by the SJRWMD, FDEP and the USFWS. Policy 12.7: Suitable lands acquired under the Environmental Lands Program will be opened to the public for passive recreation. Passive recreation shall include the following: hiking, environmental education, fishing, and wildlife viewing. Policy 12.9: By 2010, the county will establish a dedicated funding source for ongoing management of county -owned and managed environmental lands. 12.11: The county shall coordinate with federal, state and local agencies, as well as nonprofit organizations, in acquiring and managing natural areas and open space. .: CHAPTER 9 - COASTAL MANAGEMENT ELEMENT OBJECTIVE 1 Natural Resource Protection Through 2020, there will be no significant reductions in the overall amount of terrestrial and marine resources within the coastal zone of Indian River County compared to 2009 baseline data. Policy 1.8: As set forth in the policies and objectives of the Conservation Element, the county shall protect and preserve significant coastal vegetative communities, such as coastal (maritime) hammocks and coastal strand, through conservation easements and fee simple acquisition. Policy 1.9: Consistent with Policy 6.1 of the Conservation Element, the county shall continue to assist the USFWS and the FDEP in acquiring undeveloped tracts of tropical/coastal hammock and coastal strand by identifying lands eligible for acquisition, evaluating local cost -share funding, and by providing "in-kind" services, such as land management. Policy 1.14: The county shall use the following tools to preserve natural systems and wildlife corridors in the county: • land acquisition • conservation easements • development clustering requirements • transfer of development rights • mitigation banks OBJECTIVE 8 Public Access By 2012, the number of public access points to natural resources within the coastal zone of Indian River County, including beaches, the St. Sebastian River, and the shoreline of the Indian River Lagoon, will be increased by a minimum of rive public access points. Policy 8.1: Indian River County will participate in the Florida Forever Acquisition and Restoration Council (ARC) program to acquire the remaining undeveloped estuarine wetlands bordering the IRL by providing local funding assistance, and by providing "in-kind" services, such as identifying environmentally -sensitive parcels. Policy 8.2: Indian River County shall accept donations of shoreline lands suitable to increase public coastal access, provided this acceptance is in the best interest of the county. Policy 8.7: The county will increase passive recreational opportunities on lands acquired through the county's Environmental Lands Program as set forth in Objective 12 of the Conservation Element and the objectives and policies contained in the Recreation and Open Space Element. OBJECTIVE 11 Limit Densities in the Coastal High Hazard Area (CHHA) Through 2030, there will be no increase in the density of land use within the Coastal High Hazard Area. Policy 11.1: Lands acquired by the county under its Environmental Lands Program shall include property located within the Hurricane Vulnerability Zone (HVZ). This land shall be used for either 369 natural resource conservation, passive recreation or both. CHAPTER 3D - NATURAL GROUNDWATER AQUIFER RECHARGE SUB -ELEMENT OBJECTIVE 2: Preservinn the Quantity of the Surficial Aquifer Through 2025, there will be no reduction in the availability of groundwater from the surficial aquifer. For the purpose of this Objective, water quantity will be based on SJRWMD's most recent regional groundwater model Policy 2.2: The county shall use natural groundwater aquifer recharge areas for passive parks and open space. OBJECTIVE 5: Capital Improvements By 2015, the County shall protect a minimum of 1000 additional acres of aquifer recharge areas for the surficial aquifer through conservation easements and fee simple acquisition compared to 2009 baseline data. Policy 5.2: The county shall pursue state and federal sources of funding available for the preservation and protection of environmentally sensitive areas, such as natural groundwater aquifer recharge areas. Policy 5.3: The county shall evaluate and rank proposed capital improvement projects for the acquisition and preservation of the natural groundwater aquifer recharge areas according to the following guidelines: • Level One - Whether the acquisition is needed to protect public health, to protect the function of aquifer recharge, and to fulfill the county's legal commitment to provide water services. Level Two - Whether the acquisition will improve the existing condition and prevent or reduce future capital costs. CHAPTER 3E - STORMWATER MANAGEMENT SUB -ELEMENT OBJECTIVE 5 Preservation of Floodplains and Floodways The county shall maintain its Comprehensive Emergency Management Plan (CEMP) to serve as a comprehensive floodplain management plan approved by the Federal Emergency management Agency (FEMA). Policy 5.2: Contingent upon available funding in the county's environmental lands program, the county shall continue to acquire property in the 100 -year floodplain for conservation. OBJECTIVE 7 Stormwater Quality Consistent with DCA Rule 9J -5.011(2)(c)(5), the county shall maintain Water Quality Level of Service (WQLOS) based on Pollutant Load Reduction Goals (PLRGs) established by the SJRWMD for the Indian River Lagoon and, when available, based on Total Maximum Daily Load (TMDL) standards established for the Lagoon. 370 Policy 7.1: The county shall cooperate with the IRLNEP, SJRWMD, FDEP, DHRS, Marine Resources Council (MRC), and other organizations in conducting an inventory pollutant loadings to the Indian River Lagoon (IRL). Policy 7.6: In accordance with Program Goal I of the Indian River Lagoon Comprehensive Conservation and Management Plan and Goal I of the Surface Water Improvement Management (SWIM) Plan, the county shall reduce the amount of non -point source pollution entering the Indian River Lagoon by applying for SWIM funds and Section 319 Grants to improve the pollutant removal of efficiency of existing stormwater management facilities and, where feasible, to construct new regional stormwater management facilities. 371 CHAPTER 10 - RECREATION AND OPEN SPACE ELEMENT OBJECTIVE 1: Adequate Parklands and Recreation Facilities Through 2030, adopted recreation levels -of -service will be maintained to ensure that adequate parklands and recreation facilities are available and accessible for public use. Policy 1.1: The county hereby adopts a recreation level -of -service standard of 6.61 recreation acres per 1,000 permanent population plus weighted seasonal population. OBJECTIVE 5: Access to Natural Resources Through the time horizon of the plan, the current 57 access points to the county's major water resources, including the Atlantic Ocean, Indian River Lagoon, St. Sebastian River, and freshwater lakes, will be maintained. Policy 5.1: The county shall use beachfront and riverfront lands that have been acquired through the county's Environmental lands Acquisition program for public access to the county's major natural resources. Policy 5.2: The county hereby designates the Indian River Lagoon, the St. Sebastian River, and associated coastal resources as a greenway (a.k.a. "blueway") and waterway trail system. Consistent with Policy 8.1 of the Coastal Management Element, Indian River County will participate in the Indian River Lagoon `Blueway" Florida Forever (fk.a. "Conservation and Recreation Lands") project to acquire and provide passive recreational access to coastal resources bordering the Indian River Lagoon by providing local funding assistance, and by providing "in- kind" services, such as identifying environmentally -sensitive parcels. OBJECTIVE 7: Open Space Through the time horizon of the plan, there will be no decrease in the amount of publicly -owned or publicly -controlled open space within the county. Policy 7.1: The county shall acquire those environmentally sensitive areas programmed for acquisition in the conservation element of this plan. These areas will be used as open space, passive recreation areas, and historical sites, as appropriate. OBJECTIVE 8: Intergovernmental Coordination By 20011 the county will have agreements with municipalities for county -wide programs and for special events that impact other jurisdictions. Policy 8.2: To enhance recreation opportunities, the county shall coordinate with and support state and federal agencies in their land acquisition programs by: • Compiling information; • Conducting site analyses; • Contacting owners; and • Providing staff assistance. 372 INDIAN RIVER COUNTY MANATEE PROTECTION AND BOATING SAFETY COMPREHENSIVE MANAGEMENT PLAN (EXCERPT) ACTION PLAN Based on the analysis herein of existing conditions and associated data, this section, the Action Plan, sets forth specific actions that Indian River County will take, in the form of policies, to further manatee protection and boating safety objectives. This Action Plan contains the following components: Goal; Objectives and Policies; Implementation; and Evaluation and Monitoring. GOAL, OBJECTIVES AND POLICIES This Goal and associated Objectives and Policies shall be adopted by reference to the existing Coastal Management Element of the Comprehensive Plan (March, 1998) as required by Objective 3 (Policy 3.10) of the Coastal Management Element. DKA It is the goal of Indian River County to equitably balance manatee protection, habitat preservation, and boating safety with commercial and recreational marine interests. OBJECTIVE 1 Boat Facility and Marina Siting and Construction Through 2005, there shall be no increased impact to manatee habitat, or the natural resources of the Indian River Lagoon, including seagrass beds, water quality, estuarine wetlands, and mangrove fringe, attributed to the development or expansion of boat facilities or boat ramps in Indian River County. 1.1 The siting of new or expansion, rearrangement, or slip conversion of all boat facilities and boat ramps in Indian River County, and in each municipal government with jurisdiction over a portion of the inland waters of Indian River County, shall be consistent with the assessment criteria and policies established in this MPP. 1.2 Boat Facility Siting Zones (1-9), as described in the Analysis section of this MPP, are hereby established. The purpose of these Zones is to provide the public with some guidance as to the potential for the siting of new boat facilities or for the expansion, rearrangement, or conversion of an existing boat facility. The regulatory criteria to be applied to each zone represent the baseline criteria that all proposed projects must meet. 373 k .� i a � n '\4 (g) fuuutunS u ggn ,y a mJ mo 2u D 3 my®q @7223 R A i mai ®®D k m@! n oV * ƒ / OAllmodooD \ \ § m,mAuaq 2 \ ® pL � g k � w XIrgeo2n& m / X � qn ac,Ily = •s p a& — @g mJ * ( )6am3n 3AIWIguno 7u mp f 00 §mmma \ mmm) x / 2 ��± � \ /. / G#� m!g 3 \ / r + SJOPIJJOD x / \ / mlgeg 2 O ~ i mm3 * XI u wog & _ woos paf a Ilufl %,A� &mSP R2RAk 2 ƒ a a § � Indian River County Environmental Lands Acquisition Panel (FLAP) Land Acquisition Process MINIMUM CRITERIA FOR ELAP PROPERTY REVIEW Staff will review each application and complete an initial screening for each property. The submitted property(ies) within an application should meet at least one of the following criteria in order to be considered for review by the (TBD): a. The property supports at least 5 acres of one or more native vegetative community types; or b. The property supports less than 5 acres of native vegetative community, but is part of a larger contiguous tract of native vegetative communities (over 5 acres is size); or c. The property supports "endangered," "threatened," or "species of special concern" (flora or fauna), regardless of parcel size; or d. The property has altered ecosystems with reasonable potential for restoration, and the property is adjacent to a designated corridor, greenway or blueway, regardless of property size. "Native Vegetative Community" shall include the following categories: Terrestrial Hardwood hammock Coastal/tropical hammock Coastal strand Scrub/xeric hammock Pine flatwoods Dry prairie Cabbage palm hammock Wetlands & Surface Waters Estuarine wetlands Freshwater wetlands Stream/river 375 12/2/2022 Indian River County Conservation Lands Program 1992 • $26M Environmental Land Bond Referendum 2004 • $50M 2nd Environmental Land Bond Referendum Expanded to include historically significant sites & easements Indian River County Conservation Lands Program County + Partner Acquisitions = just under 12,000 acres permanently protected Managed by Indian River County +/- 2,300 acres Managed by other agencies through leases & management agreements = 5,622 acres Conservation Easements = 3,761 acres Indian River County Conservation Lands Program Notable 1992 & 2004 Bond Acquisitions Korangy & Lier Properties (Pelican Island National Wildlife Refuge buffers) Indian River Lagoon Greenway (Flinn Tract) Carson Platt Estate North Sebastian Conservation Area Oyster Bar Marsh Conservation Area Lost Tree Islands Conservation Area Sebastian Harbor Preserve Jones' Pier Conservation Area 12/2/2022 -315- 2 2022 Environmental Lands Bond Referendum Question Resolution 2022-016 calls for a Bond Referendum Election for the issuance of general obligation bonds as follows: To acquire and permanently preserve environmentally significant lands to restore the Indian River Lagoon, protect water resources, natural areas, wildlife habitat, drinking water resources, and construct public access improvements related thereto, shall Indian River County be authorized to issue general obligation bonds up to $50,000,000, maturing within 20 years from each issuance, not exceeding the legal maximum interest rate, payable from ad valorem taxes, with full public disclosure of all spending through annual independent audits? Yes/No UPDATED ENVIRONMENTAL LANDS PROGRAM GUIDE The Environmental Lands Program Guide (ELP Guide) is to be used as the primary document that contains the policies, standards, and procedures relating to environmentally significant land acquisition and management activities. With respect to the ELP Guide, the Indian River County Board of County Commissioners (BOCC) will have the ultimate approval authority on its adoption and revisions. 12/2/2022 315 - 3 SUMMARY OF UPDATES TO THE GUIDE SUMMARY OF CHAPTERS CHAPTER I (PURPOSE, OBJECTIVES & POLICIES) CHAPTER II (RESPONSIBILITIES/RELATIONSHIPS) CHAPTER III (ENVIRONMENTAL RESOURCE PROTECTION METHODS) CHAPTER IV (FUNDING/FINANCING) CHAPTER V (LAND ACQUISITION PROCESSES/PROCEDURES) CHAPTER VI (LAND MANAGEMENT) APPENDICES SUMMARY OF UPDATES TO THE GUIDE ,M:/_1iIal" PURPOSE: The ELP Guide is to assist in the planningrp ocess and outline the procedures leading to the acquisition of environmentally significant lands. OBJECTIVE: Outline procedures for acquiring and managing environmentally significant lands. POLICIES: IRC's policy is to acquire environmentally significant lands consistent with the resource conservation goals and objectives as set forth in the guide; state guidelines; and policies of the 2030 comprehensive plan 12/2/2022 3rt-5--4 SUMMARY OF UPDATES TO THE GUIDE CHAPTER I UPDATES • Updated definitions to reflect changes in agencies that may provide cost share funding • Definitions were amended/deleted/added as appropriate • Modified the objectives to reflect the current resolution (i.e. removing cultural resources as properties eligible for funding) • Updated the management goals SUMMARY OF UPDATES TO THE GUIDE CHAPTER II (RESPONSIBILITIES/RELATIONSHIPS) This chapter outlines the Boards and ELAP's roles and responsibilities. CHAPTER II UPDATES: • Modified the formal review committee (Land Acquisition Advisory Committee - LAAC) to a 9 -person advisory panel (proposed title "Environmental Lands Acquisition Panel" - ELAP) • Outlined and updated the purpose and terms of office 12/2/2022 5 CHAPTER III (ENVIRONMENTAL RESOURCE PROTECTION METHODS) There are various methods for protecting environmentally sensitive lands. Each property under consideration for acquisition has characteristics that are factors in determining what method of acquisition is appropriate. CHAPTER III UPDATES Amended this section to solely include methods of land acquisition. Prior ELP Guide had a description of other processes such as Zoning, Leases, Easements that were removed by Staff in collaboration with the County Attorney CHAPTER IV (FUNDING/FINANCING) This Chapter outlines potential funding and financing alternatives that area available to leverage allocation of local funds including cost share programs, grants, and cooperative acquisitions. CHAPTER IV UPDATE Updated the section to include current metrics and current funding sources 12/2/2022 ,qq5-- 6 SUMMARY OF UPDATES TO THE GUIDE CHAPTER V (LAND ACQUISITION PROCESSES/PROCEDURES) This chapter details the complete process from initial nomination of an environmentally significant parcel through a step-by-step process (called phases) to recommendation to the BOCC for purchase. CHAPTER V UPDATE A key component of the update to this section includes proposed review criteria used by the ELAP to assess each property's suitability for acquisition (cont on next slide) SUMMARY OF UPDATES TO THE GUIDE CHAPTER V UPDATE • Updated the process to include the review procedures performed by the ELAP and County staff • Updated the process to include a new, simplified application form • Updated the evaluation matrix to reflect the resolution, current parameters and priorities • Updated the section to reflect changing conservation priorities including increased emphasis on biodiversity, sustainability, resiliency, and wildlife corridors (coat. on next slide) 12/2/2022 316' SUMMARY OF UPDATES TO THE GUIDE CHAPTER V UPDATE • Modified the evaluation/prioritization process to reflect the conservation priorities in accordance with the resolution • Removed references to historic/cultural resources as a priority for acquisition • Modified language to address future land management and public use improvements • Updated language to reflect the current statutory dialect and to include a "Tiered" system SUMMARY OF UPDATES TO THE GUIDE CHAPTER VI (LAND MANAGEMENT) In this Chapter, the process for developing and implementing a conceptual land management plan is outlined. Additionally, the potential funding opportunities to assist the County with implementation of Management Plans is also discussed. CHAPTER VI UPDATE Update the section to reflect the current operations and land management actions of the Conservation Lands Program 12/2/2022 3g5J 8 SUMMARY OF UPDATES TO THE GUIDE APPENDICES • Updated the Appendix with the Comprehensive Plan Chapters to reflect the County's 2030 Comp Plan • Modified Application/Nomination Form • Modified Evaluation Table • Newly Structured Environmenta Lands Acquisition Panel (ELAP) fs(f� •sv ENVIRONMENTAL LAND ACQUISITION PARCEL NOMINATION FORM d�..r�mema_. we..,amm.am,..mda.N�m.mm .a Moymers d me reagents o, Maw a... cd�ry. Naan.NATINn r,Utix'Ct,x NPIMMATInf. m.mMM: tarn o. s.enaery: L ea rnNranmeoassnnoN ro ..; .aneraTytnFna�4TnnN meryT.avywmnvnmpam I..atm,srssm.mmr.am•..m+o.amum,.mA.ateva• aaawn.l Y.Mnamn en a<wM a w nopwq M.eaumun �..m....e rsa. rwmeea.i�.ry � m.V mem.a.. mmwmM..mww.N w. +nm..+tn4mnm. ..eM•� k...ia.mmi viiar.nveumm x w..MssMn.iMa.et�e.m�.nr.r�•oM��sT+oau oIe►.0. v.nYwuay.u. � SUMMARY OF UPDATES TO THE GUIDE Table X. Indian River County Land Acquisition Guide Property Evaluation Matrix Rrhthe Proieet Scort: 0: N j -does not satisfy criterion 4. AO pr - aapcc. mit-.Tty satisfy criurien 8: AO p,j- pec. adetiomely satisfy I -3: Soni- osj a. of the Projxt mi imalty 5 -7: Some gaped, of the pmject adt lottcty t.f, tri4riuv satisfy the cr usim the c.terion 9 -10: All pmject pects exceed the e iten— 12/2/2022 '315�1 9 Qualitative Considerations Property Acquisitions Co-ld—tions Evaluation Factors Evaluation Factors 1 4 3 6 7 8 9 10'E362< t23 C� < LLi� :4 Tomit (A & B) 9 6 ted A g a – xis x15 x10 x10 x3 x 10 x6 x12 x6 x6 8 3 L r Rrhthe Proieet Scort: 0: N j -does not satisfy criterion 4. AO pr - aapcc. mit-.Tty satisfy criurien 8: AO p,j- pec. adetiomely satisfy I -3: Soni- osj a. of the Projxt mi imalty 5 -7: Some gaped, of the pmject adt lottcty t.f, tri4riuv satisfy the cr usim the c.terion 9 -10: All pmject pects exceed the e iten— 12/2/2022 '315�1 9 ae �SUMMARY OF UPDATES TO THE GUIDE "Native Vegetative Community" shall include the following categories: Terrestrial Wetlands & Surface Waters Hardwood hammock Estuarine wetlands Coastalltropiml hammock Freshwater wetlands Coastal strand Strearn/river Scrub/xeric hammock - Pine flatwoods Dry prairie Cabbage pahn hammock C 12/2/2022 3 16�- 10 Indian River County Environmental Lands Acquisition Panel (ELAP) Land Acquisition Process MINIMUM CRITERIA FOR ELAP PROPERTY REVIEW V, Staff will review each application and complete an initial screening for each property. The submitted - property(ies) within an application should meet at least one of the following criteria in order to be ;; �... considered for review by the (TBD): ' a The property supports at least 5 acres of one or more native vegetative community types; or b. The property supports less than 5 acres of native vegetative community, but is part of a larger •�' contiguous tract of native vegetative communities (over 5 acres is size); or c. The property supports "endangered,"'threatened," or "species of special concern" (floor or fauna), regardless ofparcel size; or d. The property has altered ecosystems with reasonable potential for restoration, and the property is adjacent to a designated condor, grcenuzy or blueway, regardless of property size. "Native Vegetative Community" shall include the following categories: Terrestrial Wetlands & Surface Waters Hardwood hammock Estuarine wetlands Coastalltropiml hammock Freshwater wetlands Coastal strand Strearn/river Scrub/xeric hammock - Pine flatwoods Dry prairie Cabbage pahn hammock C 12/2/2022 3 16�- 10 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Eric Charest, Natural Resources Manager SUBJECT: Shoreline Performance Modeling, APTIM Work Order No. 2018008-04 DATE: September 1, 2022 DESCRIPTION AND CONDITIONS Indian River County staff have been participating on the Sebastian Inlet Technical Advisory Committee (TAC) since it was convened by the Florida Department of Environmental Protection (FDEP) in January 2022. This TAC was established to allow for key stakeholder groups and professionals to utilize the most recent scientific information available in order to provide technical expertise and feedback to the FDEP for decision making with regards to updates to Sebastian Inlet District's Inlet Management Implementation Plan (IMP). Approved in 2000, the current Sebastian Inlet IMP defined strategies to best manage sand bypassing activities for the placement of beach quality sand on the adjacent eroding beaches of inlet. The intent of the IMP strategies was to replicate the natural drift of sand that has been interrupted or altered by an inlet, so that all reasonable efforts to maximize inlet sand bypassing would be designed to balance the sediment budget of an inlet, consistent with Section 161.142 Florida Statutes. As approved on November 9, 2021 by the Board of County Commissioners (BCC), Indian River County has been utilizing the expertise of APTIM Environmental and Infrastructure LLC (APTIM) to assist the County on this TAC. Work performed to date by APTIM under Work Order #2018008-3, and subsequent Amendment #1, has provided specific information regarding the dynamic nature of Indian River County beaches over a defined period of time. This data, as well as additional information brought before the TAC by stakeholders, is intended to provide the basis for the FDEP's recommendations for an updated Sebastian Inlet District IMP. During the most recent TAC meeting on August 24, 2022, TAC Meeting # 3, questions were raised over an apparent deficit of sand in the Indian River County coastal system and the potential impacts that causes on the County beaches. In order to identify any impacts, advanced modeling of shoreline performance of the County's coastline is required. As this effort is beyond the current scope of Work Order #2018008-3 with APTIM, staff is seeking BCC approval of APTIM proposed Work Order #2018008-4 to provide the County and TAC with the results from such a modeling effort. Under an April 17, 2018 BCC approved the Continuing Contract Agreement for Continuing Engineering Services, renewed on May 18, 2021 for a two (2) year extension, APTIM has been providing the County with various coastal engineering support services, such as their efforts on this TAC. 376 Shoreline Change Modeling, APTIM Work Order No. 2018008-04 September 13, 2022 BCC Meeting In response tot he County's request for additional modeling support associated with the Sebastian Inlet TAC, APTIM has prepared Work Order No. 2018008-4 to provide a modeling analysis of the shoreline performance over specified timeframes. Work Order No. 2018008-4 includes APTIM's modeling effort and associated meeting and coordination efforts. Total lump sum cost provided by APTIM for the shoreline performance modeling effort related to the Sebastian Inlet District TAC support is not to exceed $41,940.00. FUNDING Funding for coastal engineering support services is budgeted and available in the Beach Restoration Fund/Other Professional Services, Account No. 12814472-033190. Account Name I Account No. Amount Beach Restoration Fund/Other Professional Services 1 12814472-033190 $41,940.00 RECOMMENDATION Staff recommends the Board of County Commissioners approve APTIM Work Order No. 2018008-4 in the amount of $41,940.00 for shoreline performance modeling efforts associated with the support of the County's participation in the Sebastian Inlet District Technical Advisory Committee. In addition, staff recommends that the BCC authorize the Chairman to execute Work Order No. 2018008-4. ATTACHMENT 1. APTIM Work Order No. 2018008-4 2. Work Order No. 2018008-4 execution form APPROVED AGENDA ITEM FOR SEPTEMBER 13, 2022 377 Alk APTIM September 2, 2022 Eric Charest Coastal Division Indian River County Public Works 1801 27th Street Vero Beach, FL 32960 Subject: Indian River County, FL Work Order 2018008-04 Dear Eric: Aptim Environmental & Infrastructure, LLC 6401 Congress Avenue, Suite 140 Boca Raton, FL 33487 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.aptim.com Sebastian Inlet Technical Advisory Committee Numerical Modeling Analysis This proposal outlines a scope of work for Aptim Environmental & Infrastructure, LLC (APTIM) to provide numerical modeling assistance to the County for the final Technical Advisory Committee (TAC) meeting for the Sebastian Inlet. Scope of Work In order to better understand shoreline performance for historic and proposed bypassing amounts at Sebastian Inlet, APTIM will perform numerical modeling to analyze coastal processes in the vicinity of the inlet and propose beach management strategies to the TAC. APTIM will develop a numerical model for Indian River County that can model the complex interactions between offshore bathymetry, waves, tides, winds, currents, sediment transport, erosion, and deposition. The modeling effort will make best use of existing bathymetry and topography, LiDAR data, water levels, waves, winds and sediment data to simulate the physical processes that influence Indian River County and its surrounding areas. Beach profile data from of the annual monitoring surveys of Indian River County will be used for the beach portions of the study area. APTIM will model four (4) fill scenarios to evaluate the potential effects of various bypassing scenarios along the adjacent beaches. The model scenarios will be evaluated for short term (one year) and long term (five years) simulation periods. Each modeled alternative will be compared to a baseline condition in order to draw conclusions on the expected result of implementing each scenario. The model results will be reviewed and presented to the TAC. Deliverable A memorandum overviewing the results of numerical modeling analysis will be provided to the County for presentation to the TAC. Schedule & Assumptions APTIM will proceed with the task described herein upon receipt of a signed Work Order from Indian River County. It is estimated that the modeling efforts will require 2 months from receipt of the signed work order. ,, APTIM September 22, 2021 Page 2 of 3 The total lump sum cost to perform the work described herein is $41,940.00. The scope and fee were developed following the provisions of the Continuing Services Contract Agreement for Continuing Engineering Services 2018008 (dated April 17, 2018 and amended May 18, 2021) between Indian River County and APTIM. Thank you for the opportunity to serve Indian River County. Please do not hesitate to call if you have any questions. Sincerely, Nicole S. Sharp, P.E. Coastal Restoration Modeling Program Manager Aptim Environmental & Infrastructure, LLC 379 ,,APTIM At APTIM EXHIBIT A Work Order 2018008-04 Numerical Modeling Analysis Indian River County, FL Summary of Cost by Task September 22, 2021 Page 3 of 3 REV 20 1 Task Number Task Name Labor Sub- Mobilization/Travel :Totals:] contractors Task 1 Technical Admsory Meetings j $ 41,940.00 $ - $ 41,940.00 Totals = $ 41,940.00 $ - $ - $ 41,940.00 Submitted By: Nicole Sharp Submlttedro: Indian River County, FL Submission Date: 9/212022 At APTIM Work Order 2018008-04 Numerical Modeling Analysis Indian River County, FL Summary of Labor Hours and Cost Labor Title Labor Bill Rate Technical Advisory Meetings Task 1 bor Hours Cost Principal Englineer $ 295.00 $ Program Manager $ 215.00 4 $ 860.00 Sr Coastal Engineer/Pro tubi $ 195.00 $ Coastal Engineer AI $ 165.00 $ Coastal Engineer 1 $ 130.00 158 $ 20,540.00 Coastal Engineer I $ 105.00 $ Coastal Modeler II $ 130.00 j 158 $ 20,540.00 Senior CAD Operator $ 185.00 $ CAD Operator $ 110.00 ', $ GIS Operator $ 120.00 $ Clerical $ 90.00 $ Technician $ 70.00 $ Mobilization/Travel Subcontractors - $ TOTAL 1 320 $ 41,940.00 Submitted By: Nicole Sharp Submitted To: Indian River County, FL Submission Date: 9/2/2022 we] WORK ORDER NUMBER 20180084 SHORELINE PERFORMANCE MODELING This Work Order Number 2018008-4 is entered into as of this day of , 2022 pursuant to the Continuing Contract Agreement for Continuing Engineering Services entered into as of April 17, 2018 ("Agreement"), and amended on May 18, 2021 for a 2 year extension on by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Aptim Environmental and Infrastructure, LLC. ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the CONSULTANT for the fee schedule set forth in Exhibit 1. The CONSULTANT will perform the professional services within the timeframe more particularly set forth in Exhibit 1, all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.3 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT BOARD OF COUNTY COMMISSIONERS Aptim Environmental & Infrastructure, LLC. OF INDIAN RIVER COUNTY LI -A Title: Date: By: P.E. Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: (Seal) Deputy Clerk Approved: By: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: By: William K. DeBraal, Deputy County Attorney 381 Shoreline Performance Modeling to Support the County's Efforts on the Sebastian Inlet Technical Advisory Committee Coastal Engineering Division Presentation to the Indian River County Board of County Commissioners September 20, 2022 OR: 12/2/2022 3461— 1 Sebastian Inlet Technical .Advisory Committee �.•. .. Technical Advisory Committee (TAC) — a tool to provide Florida Department of Environmental Protection (FDEP) with a means to involve key stakeholder groups and professionals in utilizing the most recent scientific information available to provide technical expertise and feedback to the FDEP for decision making. Inlet Management Plan (IMP) — a Plan to balance Inlet's sediment budget and replicate the natural flow of sand to the beaches adjacent where the erosional conditions caused by the Inlet are experienced. The IMP contains additional information such as: • Areas of Influence • Locations where Sand is to be Placed • Sources of Supplemental Sand as necessary. 3461— 1 12/2/2022 - Sebastian Inlet Technical Advisory Committee Sebastian Inlet Management Plan: Adopted in March 2000 identifying: • A minimum sand by-pass objective of 70,000 cubic yards per year (cy/yr) discussions about updating the Sebastian Inlet Management Plan using 15 • The need for additional information in order to accurately identify years of additional data. • the Inlet's area of influence TAC comprised of the: • long term impacts of the inlet to down drift beaches • Updated in 2008 to increase the minimum by-passing objective to 90,000 cy/yr to the downdrift Indian River County beaches Sebastian Inlet District Current TAC was established in December 2021 through FDEP and Inlet District discussions about updating the Sebastian Inlet Management Plan using 15 years of additional data. TAC comprised of the: FDEP Sebastian Inlet District Local Governments with jurisdiction adjacent to the Inlet Indian River County Brevard County Local Stakeholders 12/2/2022 FDEP Office of Resilience and Coastal Protection released the Annual Inlet Report (August 2022) Sebastian Inlet Table 9: Sebastian Inlet Management Plan and bypass objective. Annual Bypass Annual Bypass Year IMP Adopted County Inlet Objective North Objective South or Updated (CY) (CY) IRC Board of County Commissioners approved Work Order 2018008-3 with Aptim 70,000 Indian River Sebastian 2008` 0 90,000 12008 bypass objective was updated in Strategic Beach Management Plan (2008). Environmental & Infrastructure, LLC (APTIM) to provide technical assistance to the Table 10: Sebastian inlet bypass summary of sand bypass volumes, since 2000. 0 •694,955 Percent Objective Met: County from coastal experts familiar with beach design in the northern part of the 6 1.8 21Y. County. FDEP Office of Resilience and Coastal Protection released the Annual Inlet Report (August 2022) Sebastian Inlet Table 9: Sebastian Inlet Management Plan and bypass objective. Annual Bypass Annual Bypass Year IMP Adopted County Inlet Objective North Objective South or Updated (CY) (CY) Indian River Sebastian 2000 0 70,000 Indian River Sebastian 2008` 0 90,000 12008 bypass objective was updated in Strategic Beach Management Plan (2008). 51,138 Table 10: Sebastian inlet bypass summary of sand bypass volumes, since 2000. Bypassing Matrix North Bypass (CY) South Bypass (CY) Cumulative volume Bypassed: 0 1,125,045 Cumulative Objective: 0 1,820,000 Annualized Volume Bypassed: 0 51,138 Surplus (Deficit): 0 •694,955 Percent Objective Met: N/A 6 1.8 21Y. 3FJ —3 12/2/2022 FDEP Office of Resilience and Coastal Protection released the Annual Inlet Report (August 2022) Sebastian Inlet - Bypass Volumes South 350.000 -.-.._-__. ._._.. ,....,--._. _.,_....,. ..._.___._ 2,000,000 1,500,000 300.000 Background on formation of TAC and Florida Statutes 161.142 for the Management i 1,600,000 of Inlets s 1,200,000 E zao.000 `E - � ._._�-- � • to define or evaluate contemporary effects of the inlet .' l.000.000 150.000 - -.. __...._.. -^ 800,000 � c 100.000 m _ 600.000 E 50,0 400,000 V _. 200'000 0 .v..� 0 p ry m v ro c Year ® Sypass volume Annual Objective -- Cumulative Volume — — —Cumulative Objective Figure 9: Sebastian Inlet bypass volume, annual objective, cumulative volume and cumulative objective. 3 _ 4 OR{0� TAC Meeting #1 (January 26, 2022) Background on formation of TAC and Florida Statutes 161.142 for the Management of Inlets Charge statement of TAC is to review and update the Inlet Management Plan • to define or evaluate contemporary effects of the inlet • the area of influence • the sediment budget (sand by-passing rates) • shoreline condition • bypass placement areas. 3 _ 4 12/2/2022 �yF�CO G tt �OR1D, TAC Meeting #2 (June 1, 2022) • Review of Sebastian Inlet Longshore (Littoral) Transport Presentations of monitoring data, including: • Presentation on expanded sediment budget performed by APTIM with • Sea Level Rise indications of the Inlet's area of influence extending beyond the District's • Atlantic Meridional Overturning Circulation (AMOC) monitored 30,000 shoreline feet range. • Weather Patterns • SID opinion that by-passing efforts to date has stabilized the shoreline • Tide and Storm Surge • Modeling questions discussed SID acknowledged data outside of the District's area of responsibility (30,000 • Erosion occurring in Sectors 1 & 2 due to the inlet, with the appearance that the shoreline feet north and south of the inlet) was not included in their analyses inlet has an influence on Sector 3 as well. Sand 'missing' in the system potentially moving further offshore • IRC recommendation of 95,000 cy/yr sand to be by-passed and additional IRC "Inlet is by-passing more sand than it is retaining" Modeling to be performed to support that stance. Sediment budget should be determined from data between 2007 and 2021 IRC tasked with assessing data to determine the Inlet's estimated Area of Influence �1 �ORID'. TAC Meeting #3 (August 24, 2022) • Review of Sebastian Inlet Longshore (Littoral) Transport • Presentation on expanded sediment budget performed by APTIM with indications of the Inlet's area of influence extending beyond the District's monitored 30,000 shoreline feet range. • SID opinion that by-passing efforts to date has stabilized the shoreline • Modeling questions discussed • Erosion occurring in Sectors 1 & 2 due to the inlet, with the appearance that the inlet has an influence on Sector 3 as well. • IRC recommendation of 95,000 cy/yr sand to be by-passed and additional IRC Modeling to be performed to support that stance. SI- 5 12/2/2022 ---------- .�KjVFR �@ {p(_�p -rage q p,^�� qp e�- per}' ,. .. y� y� � ry �� gy f p+� �y € ,yqj� >ySp, !;c- ���st3 at G E i�C... F'..Te'Ga' E -E deal L' kd W1 iso Cotyornit ee •\ Q 1D +. 9 Modeling to Support IRC Recommendation Indian River County to perform modeling effort to support recommendation of 95,000 cy sand by-pass annually as discussed at TAC #3 APTIM prepared Work Order #2018008-4 to perform modeling scenarios on sand by-pass rates at the Inlet Staff sought IRC Board approval for Work Order in order to have model set-up, calibrated and run with information being able to be disseminated 3 to 4 weeks in advance of TAC Meeting #4 (anticipated 2nd week in December) IRC Board directed staff to bring this item to Beach and Shores Preservation Advisory Committee for discussion and recommendation K ft, w � FLORN' Modeling to Support IRC Recommendation Previous modeling in 2015 Beach Preservation Plan utilized historic data (littoral transport rates from 2002-2004) and surveys up through 2014. APTIM Work Order #2018008-4 to perform modeling to understand shoreline performance for historic and proposed by-passing amounts at the Inlet Modeling will make best use of existing: Bathmetry and Topography data LIDAR Water levels Waves Winds Sediment data Beach profiling data _gD l , 6 Modeling to Support IRC Recommendation Model scenarios to evaluate potential effects of various by-passing rates Short term (1 year) and long term (5 year) simulation periods Deliverable will be a memorandum reviewing the scenario results comparing to baseline conditions and presented to TAC at meeting #4 Model scenarios to provide IRC with information to support TAC recommendations on future sand by-passing rates for the Inlet in order to off -set any erosional conditions caused by the Inlet Cost of effort not to exceed $41,940.00 Staff is requesting that the Board support Staff's request to have this modeling effort performed so that an informed response can be made at TAC #4 by IRC when options are discussed regarding updating the Sebastian Inlet's sand by-passing objective. This presentation was made on September 19, 2022 to Beach and Shores Preservation Advisory Committee during their regularly scheduled meeting where the Committee voted to support Staff's request to have this modeling effort performed. 12/2/2022 391 _ 12/2/2022 Questions & Comments O G �ORlnp` K f t "Zonro� DeIft3D The modeling application can simulate beach erosion, inland storm surges, two- dimensional wave transformation, and two and three-dimensional flows and sediment transport. DeIft3D consists of several modules that simulate wave transformation, water level changes, currents, water quality, sediment transport, erosion, scour and deposition. The DeIft3D model efficiently simulates flows forced by waves, tides, storm surges, winds and density gradients, along with sediment transport and bathymetric change due to bed load and suspended load transport. Waves in DeIft3D are forecasted using simulating Waves Nearshore (SWAN), which is run simultaneously and accounts for refraction, diffraction, wind stress, interaction with currents and bottom friction. 491.8 Sebastian Flet Technical Advisory Committee GENESIS GENESIS is a U.S. Army Corps of Engineers model that estimates shoreline change by calculating sediment transport due to waves and tidal currents and is used for estimating beach fill, breakwater or groin performance along a sandy beach. The model accounts for shoreline change by longshore sediment transport gradients. UNIBEST UNIBEST CL+ is a sediment transport model that investigates complex coastline dynamics in a flexible and efficient manner. It models longshore sediment transport and morphodynamics of coastlines. Shoreline migration is computed on the basis of computed longshore transports at specific locations along the coast. Sebastian Inlet Technical Advisory Committee i t 9 Example DeIft3D results: Yellow indicates erosion and blue indicates erosion; allows for identification of trends and or benefits to the coastal system. 12/2/2022 ;.. 53/ 9 12/2/2022 39-10 ebastian Inlet Technical Advisory Committee Inlet Technical Advisory Committee --- - ------ Mees 18 h" 0.0 ---------- a 4 a 12 16 Distance Alongshore (m) Genesis Model Results: Shoreline performance of beach around groin 39-10 Sebastian Inlet Technical Advisory Committee --- - ------ ---------- ----- ----- UNIBEST Model Results: Shoreline performance of beach renourishment over 3 - year period 39-10 Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney /3Tk Attorney's Matters - B. CC 09.20.22 Office of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: August 30, 2022 SUBJECT: Construction Board of Adjustment and Appeals Member Appointment On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the process of appointments and reappointments. This agenda item is to consider the appointment of an applicant to fill the vacant position of "General Public" on the Construction Board of Adjustment and Appeals, which term expires in January 2023. The vacancy has been advertised on the County's website and on Channel 27 in excess of 30 days. The following is the name of the qualified applicant for this position: Kathyrn Casano-Radecke RECOMMENDATION. The County Attorney recommends that the Board review the applicant's application and resume, and determine whether to appoint her to fill the unexpired term for the "General Public" position to the Construction Board of Adjustment and Appeals. ATTACHMENT. Application C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF SIQBCLi 3M11244F@BCLPS11244F.docz 382 Indian River County Boards & Commissions Submit Date: Aug 12, 2022 Profile Kathryn First Name kathryn@casanoelectric.com Email Address 1964 5th Ave SE Street Address Vero Beach City Mobile: (772) 473-3326 Primary Phone F. V. Casano Electrical Contractor, Inc. Employer Casano Radecke Middle Initial Last Name Business: (772) 567-8134 Alternate Phone Vice President Job Title Which Boards would you like to apply for? Construction Board Of Adjustment and Appeals: Submitted How long have you been a resident of Indian River County? 29 Are you a full-time or part-time resident? Select one. Pr Full Time Suite or Apt FL 32962 State Postal Code Please list current employer or businesses. If retired, please list any business experience that may be applicable to the committee. F. V. Casano Electrical Contractor, Inc. Please list any licenses you presently hold: None Please list any organization of which you are currently a member: Please list any other committees or boards you currently sit on: Youth Guidance Mentoring Academy - Member of Board of Directors & Capital Campaign Committee Interests & Experiences Kathryn Casano Radecke 383 Why are you interested in serving on a board or commission? Since returning to Vero Beach after graduating from Stetson University, I have been interested in giving my time back to the community that raised me. I am specifically passionate towards the integrity of the construction industry in our county. As third generation in our family electrical contracting company, I have directly witnessed the variance of approach in quality and ethics of general contractors, subcontractors, owner/builder projects, etc. In the past 7 years, I have listened to countless homeowners, business owners, and contractors complain about how difficult it is to complete a project within our county. However, after directly witnessing the after -math of unlicensed work after the 2004 hurricanes, I am a strong advocate for upholding national, state, and local building codes/laws/regulations. It would be an honor to be involved in the county process of understanding and reviewing these scenarios in more depth to maintain a higher standard for construction in Indian River County. Kathryn Casano Radecke Resume.2df Upload a Resume Demographics Political Party 9 Republican 02/27/1993 Date of Birth Race (Used for State Reporting) * R Caucasian Do you have a government recognized disability? (Used for State reporting information) r Yes c No RIM Kathryn Casano Radecke Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney Of ce of INDIAN MEMORANDUM l36 County Attorneys Matters - B. C. C. 9.20.22 RIVER COUNTY ATTORNEY TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: September 14, 2022 SUBJECT: Indian River County — St. Lucie County Interlocal Agreement for Pre -Trial Services BACKGROUND. On October 12, 2021, the Indian River County Board of County Commissioners ("Board") voted to move forward with establishing a pre-trial services program with St. Lucie County running the program. The pre-trial program is utilized by judges as an alternative to having a defendant spend time before trial in jail. On December 7, 2021, the Board approved an interlocal agreement with St. Lucie County at an annual cost of the program not to exceed $250,744.55. The interlocal agreement was for one year and expires on September 30, 2022. St. Lucie County has presented another interlocal agreement to Indian River County to continue to run the program for another year at a cost of $304,638. The increase in cost is due to St. Lucie County providing for an additional pretrial officer, which was the result of a client load greater than initially anticipated. It is the intent of the Indian River County Sheriff's Office to terminate this agreement after one quarter, limiting the payments to St. Lucie County to $76,159.50 for the first quarter of the fiscal year. FUNDING. Funding in the amount of $76,159.50 for the quarterly cost of the Pre -Trial Services program will be borne by the Indian River County Sheriff's Office. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve the proposed interlocal agreement and authorize the chair to sign any documents necessary to effectuate the interlocal agreement, after review and approval by the County Attorney. Additionally, the County Attorney's Office recommends that the Board approve the submittal of a termination letter finishing the St. Lucie County operation of the program by January 1, 2023. ATTACHMENT. Interlocal Agreement C,VU Wfe-prod*PDawLaeallTempOCLTechmlogles4aVPDF81@BCWCIF56D4WCL@CCIF56D4.dx 385 FIRST AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR PROVISION OF PRETRIAL SERVICES C21-12-858 This Interlocal Agreement is made this _ day of '2022, by and between the BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida ("St. Lucie") and the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, ("Indian River"). WHEREAS, Indian River has requested St. Lucie to provide pretrial services for pretrial defendants in Indian River County; and, WHEREAS, St. Lucie has agreed to provide the services requested by Indian River in accordance with the terms set forth herein. NOW, THEREFORE, in consideration of their mutual covenants and promises, the parties agree as follows: 1. SERVICES: St. Lucie shall provide Pretrial Program services to the Indian River as set out in Exhibit "A" ("Services"). 2. FACILITIES; ACCESS: During the term of this Agreement, Indian River agrees to provide office space, internet access, and office access at the Indian River County Courthouse for St. Lucie Pretrial staff to provide the Services. Indian River also agrees to provide the necessary security clearance for St Lucie Pretrial staff to access the Indian River County Jail and Indian River County Courthouse. 3. TERM; TERMINATION: This Agreement shall be effective from the Effective Date, as defined in Paragraph 6, and continue through September 30, 2023. Either party may terminate the Agreement without cause upon no less than sixty (60) days written notice to the other party. In addition, St. Lucie may terminate this Agreement for nonpayment by Indian River with thirty (30) days prior written notice. In the event of termination, Indian River will consider retaining the qualified employees of the Program. 4. BILLING; RATES; PAYMENT: A. Cost of Services: Beginning on October 1, 2022, and thereafter on January 1, 2023, April 1, 2023, and on July 1, 2023, Indian River shall pay St. Lucie $76,159.50 per quarter for Pretrial Services. B. Pretrial Program Growth: It is understood and agreed between the parties that the optimal pretrial officer/defendant ratio is 1 pretrial officer per 20 defendants. In the event the number of defendants enrolled in the Pretrial Program exceeds 25 defendants per week for 6 consecutive weeks, the parties agree to increase the number of Pretrial Personnel assigned to the Indian River County Pretrial Program prior to the start of any renewal term. 5. STATUS OF THE PARTIES: The parties agree that St. Lucie is an independent contractor and is not an agent of the Indian River for the purposes of this Agreement. The staff providing the Program services are under the control of St. Lucie. The point of contact for Indian River shall be the Sheriff of Indian River County or his designee. The point of contact for St. Lucie is the St. Lucie County Criminal Justice Director. 6. NOTICES: All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to St. Lucie: St. Lucie County Administrator 2300 Virginia Avenue Third Floor, Administration Annex Fort Pierce, Florida 34982 If to Indian River: Indian River County Administrator 180127 1h Street Vero Beach, FL. 32960 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Third Floor, Administration Annex Fort Pierce, Florida 34982 With a copy to: Indian River County Attorney 180127 th Street Vero Beach, FL. 32960 Indian River County Sheriff 4055 411t Avenue Vero Beach, FL. 32960 7. ENTIRE AGREEMENT; AMENDMENT; RECORDING: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect hereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement and any subsequent amendments thereto shall be filed with the Clerk of the Circuit Court for Indian River County, Florida and the Clerk of the Court for St. Lucie County, Florida prior to becoming effective. The last date of filing of the Agreement with the respective Clerks of Circuit Court shall be the Effective Date of this Agreement. 387 BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair ATTEST: Clerk APPROVED AS TO FORM AND CORRECTNESS: County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney gm Exhibit "A" - Scope of Services (Pretrial Supervision for Indian River defendants) St. Lucie County Pretrial Program will implement and provide Global Positioning Satellite (GPS) monitoring for pre-trial defendants in Indian River County. The primary responsibility of St. Lucie County Pretrial is to provide complete, accurate, non -adversarial information to the courts allowing for an informed decision regarding the offender's suitability for release into the community, pending final disposition of charges. On a weekly basis the F.S. 907.043 "CITIZENS RIGHT -TO -KNOW ACT' report will be filed with the Indian River County Clerk's office as required by law as well as the annual F.S. 907.043 "CITIZENS RIGHT -TO - KNOW ACT' report. In addition, a monthly Bed Day and potential cost savings (in lieu of county confinement) report will be submitted to the Indian River County Administrator showing the savings for that particular month. SLC Pretrial Supervision program will provide a full-time staff of three (3) to be located in Indian River and dedicated to the needs and services of Indian River thru September 30, 2023. The court has the authority under section 907.041, Florida Statutes, to release an arrested person on GPS/pretrial supervision if the facts and circumstances warrant such a release; and the Florida Rule of Judicial Administration 2.215 to administer the pre-trial release program described in this interlocal agreement. St. Lucie County Pretrial Program will be charged with the responsibility of providing adequate staff to ensure delivery of services consistent with the needs of the offender. Delivery of case management services will address the following components: • Attend First Appearance daily (365 Days per Year) per Court Administrative Order 2020-17. • Staff will meet with the defendant upon placement/release instructing him/her on the conditions of release ensuring a thorough understanding of same. During the interview process, it will be determined if the defendant may benefit from self -betterment programs such as substance abuse or mental health treatment, employment re-training and transportation needs. • Clear and accurate case notations will be maintained and recorded for all personal and telephonic contacts. A query of Clerk of Court computer system will be conducted for new arrests and arraignment dates. Offender will be notified prior to all upcoming court dates and will be required to report to the pretrial supervision office on a regular basis. • Staff will refer the defendants for urinalysis testing as directed by the court and may conduct random breath analysis for presence of alcohol. Alcohol testing may be conducted in the field. All new violations of law and non-compliance with program conditions will be reported to the court via a written affidavit and request for detention order. Staff will process all pertinent paperwork with the Clerk of the Court and Sheriff's Office. OR /sQ 1 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: August 30, 2022 To: Jason E. Brown, County Administrator From: Sean E. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD) Subject: Landfill Fence Project Descriptions and Conditions: On November 9, 2021, the Indian River County (IRC) Solid Waste Disposal District (SWDD) approved the sale of a 10 -acre tract of land to MWI Pumps (MWI). This required that SWDD first clear the new property lines around this parcel and install a new fence section to maintain the landfill boundary security. Second the remaining landfill perimeter fence must then also be cleared of vegetation, inspected for damage, repaired, or replaced. SWDD enlisted John Brown and Sons, Inc. (JBS) and issued purchase order #93255 for clearing services. In addition, after obtaining competitive quotes for the fence around the MWI parcel, only KMG Fence (KMG) was selected and issued a purchase order #93577 to install 1,634 linear feet of new fence around the 10 - acre MWI property and establish a new security boundary for the landfill property. At this time, the existing landfill permiter fence area has been cleared by JBS, and we have a proposal from KMG to repair/replace the landfill fence. Staff is requesting SWDD Board approval to waive the bid requirements and to authorize KMG to complete the fence repairs/replacement project. Analysis: JBS cleared 3.19 miles of existing landfill perimeter fence line in order for SWDD staff to gain access and assess the current condition, and perform an exhaustive inspection to determine the quantities and cost necessary for repair and replacement of the fence line. The initial clearing has been completed, and SWDD staff has performed the fence line inspection and shared this information with KMG, our current fence contractor. KMG has provided a cost estimate to make all necessary repairs to the existing fence where possible, and to remove and replace the other severely damaged sections. KMG has provided the lowest cost proposals and successfully completed three previous projects for SWDD: Wetland Mitigation Perimeter Fence Project Fiscal Year (FY) 2019-2020, Big Top Tent Debris Fence FY 2020-2021, Landfill Perimeter Fence - MWI Pumps parcel FY 2021-2022. As the current vendor for the Landfill Perimeter Fence Project, SWDD respectfully requests the board waive formal bid requirements 390 SWDD Agenda -Landfill Fence Project rev3 Page 1 of 2 SWDD Item and approve the KMG proposal in the amount of $170,870.34 in order to complete the repair and replacement of 3.19 miles of perimeter fence. Funding: So far, $159,249.97 has been spent on this project with $140,750.03 remaining of the $300,000 FY 2021-2022 approved budget. The additional work needing to be completed will cost an additional $170,870.34, for a total project cost of $330,120.31, which is $30,120.31 above the budgeted amount. The overage in the project cost will be paid from the fund balance. These funds are budgeted and available in the SWDD/Landfill/Other Improvements, Account No. 411-164051, which is funded from SWDD assessments and user fees. DESCRIPTION ACCOUNT AMOUNT SWDD/Landfill/Other Improvements 411-164051 $170,870.34 Recommendation: Staff recommends that its Board waive the bid process and authorize the Purchasing Department to issue a purchase order to KMG Fence for $170,870.34 to repair/replace the landfill fence boundary. Attachments: 1. KMG Fence Proposal 391 Page 2 of 2 ADDRESS INDIAN RIVER COUNTY KMG Fence, LLC. 505 Johns Rd Apopka, FL 32703 407-757-2016 JOB NAME SWDD PERIMETER FENCE -NORTHWEST ACTIVITY DESCRIPTION 9 135.00 NORTHWEST 1 1,500.00 REPAIR/REPLACE COMMERCIAL 6+19 GAUGE GALVANIZED WITH TOP RAIL, BRACE & TRUSS COMMERCIAL TERMINAL POSTS COMMERCIAL 4757FT OF REPLACING BARB WIRE (14) 2"x8' LINE POSTS REPLACED (94) 2" BARB ARMS REPLACED (19) 15/8 TOP RAIL FOR PIPE WORKS COMMERCIAL 6+1x14' GATE REMOVED FROM SOUTHEAST AND INSTALLED IN EXISTING FENCE EAST PERIMETER- REPLACE COMMERCIAL 6+19 GAUGE WITH TOP RAIL, BRACE & TRUSS COMMERCIAL T TERMINAL POSTS COMMERCIAL 6+1x14' DOUBLE DRIVE GATE REMOVAL REMOVAL OF EXISTING ESTIMATE # 7402 DATE 08/23/2022 CONTACT/DEPT RON JONES QTY RATE 920 27.81 7 135.00 4,757 5.00 AMOUNT 25,585.20 945.00 23,785.00 1 500.00 500.00 Subtotal: 50,815.20 2,563 27.81 71,277.03 9 135.00 1,215.00 1 1,500.00 1,500.00 2,577 3.00 7,731.00 Subtotal: 81,723.03 SOUTH PERIMETER- REPLACE COMMERCIAL 6+19 GAUGE WITH TOP RAIL, 1,231 27.81 34,234.11 BRACE & TRUSS COMMERCIAL Y TERMINAL POSTS 3 135.00 405.00 REMOVAL REMOVAL OF EXISTING 1,231 3.00 3,693.00 Subtotal: 38,332.11 TOTAL $170,870.34 392 156., SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: September 8, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Change Order No. 2 to Agreement with Biogas Engineering for a High Pressure Skid System Descriptions and Conditions: On April 5, 2022, the Solid Waste Disposal District (SWDD) approved the agreement with Biogas Engineering (BGE) to fabricate the High -Pressure Skid (HPS) system for a not -to -exceed cost of $789,000. On May 10, 2022, SWDD approved Change Order No. 1 to BGE for $292,570 to add a Chiller to the HPS system to provide dry gas. The objective of the HPS system is to send pressurized landfill gas (LFG) to both the Leachate Evaporation system, which will be constructed approximately % mile from the new HPS, and the Renewable Natural Gas (RNG) project by Nopetro Eco District, LLC (NED) that will be located approximately % mile away on the neighboring Indian River Eco District (IRED) property. One of the critical contractual parameters for the RNG project is to meet certain LFG quantity and quality target specifications, which are tied to financial incentives for SWDD. The current HPS system does include flow meters to measure the quantity of LFG; however, to monitor the quality parameters such as methane, sulfur, oxygen, and nitrogen, our consultant is recommending that we install a gas chromatograph (GC) and associated control equipment to the HPS system Staff requested the attached Change Order No. 2 from BGE to facilitate this additional equipment. Analysis: BGE has provided Change Order No. 2 to provide a GC and associated control equipment. This change order covers the cost of providing the necessary equipment to achieve this request, including the cost to engineer, size, and integrate this equipment into the HPS system. Upon approval of Change Order No. 1 for $112,980, the total authorization to BGE for the fabrication of the HPS system with the GC is now $1,194,550. SWDD Agenda - Change Order No. 2 to Agreement with Biogas Engineering for a High Pressure Skid Page 13n System SWDD Item Funding: The landfill gas flare skid improvements are considered a "closure activity" and, as such, is funded from an escrow account long established per Florida Department of Environmental Protection (FDEP) requirements. Funding for the landfill gas flare skid improvements in the amount of $1,194,550 is available in the SWDD/Accrued Closure — I, II & Infill account, number 411-239006, which is funded from SWDD assessments and user fees. Project Portion DESCRIPTION ACCOUNT AMOUNT Original SWDD/Accrued Closure — I, II & Infill 411-239006 $ 789,000 Change Order No. 1 SWDD/Accrued Closure — I, II & Infill 411-239006 $ 292,570 Change Order No. 2 SWDD/Accrued Closure — I, II & Infill 411-239006 $ 112,980 Total $1,194,550 Recommendation: Solid Waste Disposal District staff recommends that its Board approve Change Order No. 2 with Biogas Engineering to include a gas chromatograph and associated control equipment in the fabrication of the high-pressure skid system for a not -to -exceed cost of $112,980; and authorize the Chairman to execute the same, after approval by the County Attorney. Attachment: 1. BGE Change Order No. 2 SWDD Agenda - Change Order No. 2 to Agreement with Biogas Engineering for a High Pressure Skid Page 2394 System fflolfl"44111 0 BOD Change - Add Gas Chromatograph and Controls Hardware for Balance of Plant Contractor: COR Originator: Address: Email Address: BIOGAS ENGINEERING Ryan Rueve 2321 E. 28TH STREET, SIGNAL HILL, CA -90755 rrueve@biogaseng.com Change Recommended by: Indian River County Solid Waste Disposal District COR No.: CO#2 COR Date: 9/1/2022 Project #: USH2211.200 PO: Description of Change/SOW Description: Indian River County Solid Waste Disposal District (client) wants to be able to analyze the landfill gas (LFG) for its components and percent of the components present in the LFG. Therefore, a Gas Chromatograph (GC) device is needed to analyze the LFG. To meet the operating conditions for the GC, the GC needs to be furnished with a chiller and a pump. The chiller will reduce the LFG temperature and moisture and the pump will increase the pressure. Included in this change order is equipment that has been requested by the IRC SWDD's controls specialist so that the PLC at the blower skid will be used as the balance of plant for the evaporator and the main SWDD main system. This requirement will add secure router, optic fiber switch, optic fiber rack and optic fiber cable in the blower skid panel. Reason for Change: Client wants to monitor LFG quality at the blower skid area. Cobtrols equipment is required to enable the PLC panel on the skid to act as the balance of plant between the evaporator and IRC SWDD control center, as requested by IRC controls lead. Cost Impact: 0 No Change G1 Cost Increase 0 Cost Decrease Cost increase is Lump Sum of $112,980 and is additional to the original approved amount for the PO and CO#1 as of $1,063,570. The revised total will be $1,194,550 (including $18k estimate for shipping). Upon approval, BGE will invoice for 45% of the change order amount. The remaining payments will be included in the payment schedule that was provided for the high pressure blower skid. The above breakdown between the GC and the controls additions is $102,581 and $10,399 respectively. Schedule Impact: 0 No Change M Delay 0 No Delay Currently the GC lead time is 26 - 32 weeks. The blower skid can be installed even though the GC is not available, however it will require installation and commissioning of equipment which BGE can do on a T&M basis when the GC is available for installation. Authorized Signature: Date Signed: Name Title: August 30, 2022 Ryan Rueve Operations Manger Recommendation: 0 Approve 0 Reject 0 Hold Reviewer Signature: see signature block on following page Date Signed: Name: Title: 395 u BOD Change - Add Gas Chromatograph and Controls Hardware for Balance of Plant ATTEST: Jeffrey R. Smith, Clerk By: Deputy Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY: By: Dylan Reingold County Attorney INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT By: Peter D. O'Bryan, Chairman District Approved: APPROVED: 0 Jason E. Brown County Administrator M. f58,� SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: September 8, 2022 To: Jason E. Brown, County Administrator From: Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Amendment No. 1 to Payment Processing Services Statement of Work Agreement with nCourt, LLC Descriptions and Conditions: On July 12, 2022, the Solid Waste Disposal District (SWDD) approved the Payment Processing Services Statement of Work between nCourt, LLC and Indian River County - Solid Waste Disposal District. The project is underway. However, during the kick-off meeting, staff requested that we have the ability to accept credit card payments via a secure website portal, which is what we utilize on our current system. This will allow us to continue to provide quality customer service and increase prompt payments from our monthly account holders. Since these services were not referenced in the original agreement, nCourt, LLC has provided the attached Amendment No. 1 to include these services. Staff has reviewed the attached Amendment No. 1 to Payment Processing Services Statement of Work Agreement with nCourt, LLC, and recommends approval by the SWDD Board. Analysis: Amendment No. 1 to the agreement with nCourt, LLC will provide additional versatility by both our staff and our customers in collecting timely payments from our monthly account holders. No other changes have been made to the term or fees in the original agreement. Funding: No funding is requested in this agenda item as the SWDD Board has approved staff recommendation to have customers pay the credit card transaction fees. Recommendation: Solid Waste Disposal District staff recommends that its Board approve the Amendment No. 1 to Payment Processing Services Statement of Work Agreement with nCourt, LLC; and, authorize the Chairman to execute the same, as presented. Attachment: Amendment No. 1 to Credit Card Agreement with nCourt, LLC 397 SWDD Agenda - Amendment No. 1 to Credit Card Agreement with nCourt LLC Page 1 of 1 IiYCourt Payments Made Easy AMENDMENT No.1 to the July 8, 2022 Payment Processing Services Statement of Work between nCourt, LLC and Indian River County - Solid Waste Disposal District This Amendment No. 1 ("Amendment") to the Payment Processing Services Statement of Work ("Agreement") by and between nCourt, LLC ("[Brand Namef) and Indian River County - Solid Waste Disposal District ("Merchant") is made and entered into this 16th day of August, 2022. All capitalized terms not defined in this Amendment have the meanings given to them in the Agreement. The Schedules and/or Exhibits to this Amendment are attached or incorporated by reference. The parties agree to amend the Agreement as follows: 1. Web E -Payment System as noted on page # 3 — Clause 3.1 of the original Agreement dated July 8, 2022. See Exhibit A of this Amendment for Scope of Services. 2. An Online payment site will be used by the Merchant's administrative staff to process monthly credit / debit card transactions for the Merchant's larger volume accounts. 3. The nCourt convenience fee for Online payments remains the same as noted for Counter payments in the SOW on page # 5 of the original Agreement. (i.e... for each transaction, the higher of 3.5% or $1.99 per transaction is applied ... but not both) 4. No changes to the term of the original Agreement. Except as expressly modified herein, all terms and conditions of the original Agreement and subsequent Amendments or Addendums shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment by their duly authorized representatives as of the date first above written. Indian River County - Solid Waste Disposal District: nCourt, LLC: Signed: Name: Title: Date: Street Address: City/State/Zip: Signed: Name: Title: Date: Street Address: City/State/Zip: Amendment No. I to Payment Processing Services Statement of Work — nCourt, LLC & Indian River County Solid Waste Disposal District 398age 1 of EXHIBIT A : SCOPE OF SERVICES 1. nCourt, LLC Deliverables: nCourt, LLC shall deliver the following, included as noted below: 1.1. Web E -Payment System 1.1.1. nCourt, LLC shall build, host and maintain Merchant -specific website(s) for Indian River County - Solid Waste Disposal District. NCourt, LLC will purchase a URL, www.TBD.com. 1.1.2. nCourt, LLC will provide a secure website that will allow payers to enter their pertinent information, e.g., citizen name or other unique identifier, and then proceed to pay with a credit or debit card. 1.1.3. System will collect and transmit payment information for authorization and settlement. 1.1.4. System will provide method of transferring transaction data back to Merchant. 1.1.5. Upon notification of an over- or under -payment of any fine amount, nCourt, LLC will refund an overpayment or notify the Merchant via automated email of their under -payment and the remaining amount due. 1.1.6. The payer will be simultaneously advised via automated email that the transaction has been completed and will receive further notification when the Merchant processes the payment. 1.1.7. Credit / Debit Cards: Visa, Mastercard, Discover and American Express. Amendment No. 1 to Payment Processing Services Statement of Work — nCourt, LLC & Indian River County Solid Waste Disposal District 399age 2 of 3 EXHIBIT B :FEES nCourt, LLC shall deliver the following, included as marked (®): Service Fee Recurrence Fee ® E -Payment System Deployment & Program Implementation One-time $19,080.09 Waived ® Web Services or API Implementation One-time $$;090.08 Waived ® File Integration One-time $3:090:00—Waived ® Support & Training Per hour $138:08 Waived ® Custom Programing Per unit $130:99 Waived Amendment No. 1 to Payment Processing Services Statement of Work — nCourt, LLC & Indian River County Solid Waste Disposal District 40aage 3 of 3