HomeMy WebLinkAbout07-22-2020 CC AgendaThe public is advised to check the City website for up-to-date information on any
changes to the manner in which meetings will be held and the location.
20.020
cmOF
SEBASTMN
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
AGENDA
SPECIAL MEETING
FOR THE PURPOSE OF CONVENING
ATTORNEY -CLIENT SESSION
WEDNESDAY, JULY 22, 2020 — 5:00 P.M.
UPON ADJOURNMENT — REGULAR CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. CALL PUBLIC MEETING TO ORDER
2. INVOCATION — Pastor Grant Foster, Riverside Church
3. PLEDGE OF ALLEGIANCE — Led by Council Member Hill
4. ROLL CALL
5. RECESS TO CONVENE ATTORNEY -CLIENT SESSION: In accordance with
F.S.286.011(8) a request was made by City Attorney Manny Anon, Jr. at the July 8,2020
regular City Council meeting to hold an Attorney -Client session to discuss the pending
litigation and negotiations.
C1
7
20.089
pgs 7-15
A. Pelican island Audubon Societv. Graham Cox. and Donna Halleran v. City of
Sebastian.
The session will be held in the City Hall 2nd floor conference room.
ESTIMATED LENGTH OF SESSION: 1 hour
NAMES OF PERSONS ATTENDING: Mayor Ed Dodd, Vice Mayor Charles Mauti, Council
Member Damien Gilliams, Council Member Jim Hill, Council Member Pamela Parris, City
Attorney Manny Anon, Jr., Special Counsel Daniel L. Abbott of Weiss Serota Helfman Cole
& Bierman, P.L., City Manager Paul E. Carlisle, and a Certified Court Reporter
REOPENING OF PUBLIC MEETING TO ANNOUNCE TERMINATION OF ATTORNEY -
CLIENT SESSION — RECONVENE REGULAR CITY COUNCIL MEETING
PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS
Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff.
No public input or action under this heading.
A. Presentation by the Gehring Group - Employee Health, Dental, and Vision Insurance
Program for FY20121
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Brief Announcements
The Community Development Department mailed out post cards to remind citizens of the
Stormwater Credit Program, Septic to Sewer Grants, and Facade, Sign and Landscape Grants
are available. More information is available by calling 589-5518
8. CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no
separate discussion of consent agenda items unless a member City Council so requests; in which event, the
item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent
agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the
meeting or by raising his/her hand to be recognized.
20.090 A, Resolution No. R-20-11 — Abandonment of Side Yard Easements — 825 Sebastian
pgs 16-30 Boulevard (Transmittal, R-20-11, Site Map, Staff Report, Utility Approvals,
Application)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
VACATING CERTAIN EASEMENTS OVER LOTS 2 AND 3, BLOCK 188, SEBASTIAN
HIGHLANDS UNIT 6, PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR
RECORDING; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN
EFFECTIVE DATE.
20.089 B. Formal Approval of Employee Group Health, Dental and Vision Insurance Policies for
pgs 7-15 the Year Beginning October 2, 2020 (Transmittal, Summary, PPT)
20.091 C. Authorize the Purchase of One 2020 Nissan Frontier King Cab Truck from Alan Jay
pgs 31-35 Fleet Sales under the Cooperative Sourcewell Contract #120716-NAF for the
Building Department in the Amount of $22,828. and Authorize the City Manager to
Execute the Appropriate Documents (Transmittal, Quote, Letters, Quote)
9. COMMITTEE REPORTS & APPOINTMENTS
City committee reports and Council Member regional committee reports. No public input or action except for City
committee member nominations and appointments under this heading.
20.010 A. Parks Integrated Pest Management Plan Update (no backup)
10. PUBLIC HEARINGS - None
11. UNFINISHED BUSINESS
12. PUBLIC INPUT
The heading on Regular Meeting agendas `Public Input" provides an opportunity for individuals to bring
NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED
AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are
asked to provide copies of material for Council one week prior to the meeting if they intend to refer to
specific material. City Council will not debate an issue during Public Input but may by consensus direct a
Charter Officer in regard to the item if necessary or place a requested item on a future agenda.
13. NEW BUSINESS
20.092 A. Finalize the Citywide Design of the City's Master Sign Project by West Central Signs,
pgs 36-43 Inc. (Transmittal, Details, Minutes Excerpts)
20.002 B. Approve Proposed Millage Rate at 3.1514 for FY20121 and Direct the City Manager
pgs 44-77 to Execute and Transmit the Required Forms (Transmittal, DR-420, PPT)
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20.093 C. Approve Sub -Grant Agreement between the City of Sebastian and Indian River
pgs 78-112 County for CARES Act Funding in the Amount of $924,322.00 and Authorize the City
Manager to Complete and Sign the Necessary Documents (Transmittal, Request,
Agreement, Guidelines, Report)
20.093 D. Resolution No. R-20-10 Approving the COVID-19 Recovery and Stimulus Plan Grant
pgs 113-126 Application Process and Submittal to Indian River County for Pre -Approval
(Transmittal, R-20-10, Plan, Documents)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
ADOPTING A COVID-19 RECOVERY AND STIMULUS PLAN, PROVIDING FOR A GRANT
APPLICATION PROCESS; PROVIDING THAT THE CITY SHALL BE REIMBURSED FOR
SUCH GRANTS WITH FUNDS FROM THE CORONAVIRUS AID, RELIEF AND ECONOMIC
SECURITY (CARES) ACT FEDERAL STIMULUS PACKAGE SHARED BY INDIAN RIVER
COUNTY; AUTHORIZING THE CITY MANAGER TO CAUSE SAID PLAN TO BE PUT INTO
EFFECT; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS
IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
20.003 E. Approve Additional Grant Administration Services by Guardian CRM, Inc. for the
pgs 127-130 Community Development Block Program Utilizing CARES Act Funding in the Amount
of $14,955. (Transmittal, CSA, Letter)
20.036 F. Florida Leaaue of Cities items (Transmittal, FLC Info)
pgs 131-133 i. Council Appointee Annual Business Meeting
14. CITY ATTORNEY MATTERS
15. CITY MANAGER MATTERS
16. CITY CLERK MATTERS
17. CITY COUNCIL MATTERS
A.
Council Member Parris
B.
Vice Mayor Mauti
C.
Council Member Gilliams
D.
Council Member Hill
E.
Mayor Dodd
18. ADJOURN (All meetings shall adjourn at 9:30 p.m. unless extended for up to one half hour by a majority vote
of City Council)
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED
AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F. S. 286.0105)
IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR, CINDY WATSON
AT 388-8222 — cwatsonfu.citvofsebastian.ora AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL
GOVERNMENT MEETINGS.
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Future Council Meetina Dates:
August 12,2020 rCity Coy 0 Mee<ing - Cancelled to Accommodate Early Voting
August 26, 2020 — Regular City Council Meeting — 6:00 pm
September 9, 2020 — Regular City Council Meeting — 6:00 pm
September 16, 2020 — Special Meeting — 1� Public Nearing on Millage & FY20121 BudgetlClP/Financial Policies
September 23, 2020 — Regular City Council Meeting — 6:00 pm
October 14, 2020 — Regular City Council Meeting — 6:00 pm
n,..obber 28, 2020 _ n.,guiaF City r`.,un :l feeling — Cancelled to Accommodate Early Voting
PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-20-02
Reauiar Citv Council Meetinas
Public input is ALLOWED under the headings:
✓ Consent Agenda
✓ Public Hearings
✓ Unfinished Business
✓ New Business
✓ Public Input
Public input is NOT ALLOWED under the headings:
✓ Proclamations, Awards, Brief Announcements (except for individuals giving or accepting
proclamations or awards);
✓ Committee Reports and Appointments (except for committee members giving reports and
applicants being interviewed for committee appointments);
✓ City Council Matters
✓ Charter Officer Matters
Council may, by majority vote, call upon an individual to provide input if desired.
Workshops and Special Meetinas.
Public input is limited to the item on the agenda
Time Limit
Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City
Council may extend or terminate an individual's time by majority vote of Council members present.
Input Directed to Chair
Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of
the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of
a member of City Council or City staff. Individuals shall not address City Council after commencement of
City Council deliberation on an agenda item after public input has concluded, provided, however, the
Mayor and members of City Council may recall an individual to provide additional information or to answer
questions.
Certain Remarks Prohibited
Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted
and may result in expulsion from the meeting. The Chair shall make determinations on such remarks,
subject to the repeal provisions below.
ADoealina Decisions of Chair
Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City
Council shall overrule any decision of the Chair.
Public lnput Heading on Aaenda
The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring
NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED
AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are
asked to provide copies of material for Council one week prior to the meeting if they intend to refer to
specific material. City Council will not debate an issue during Public Input but may by consensus direct a
Charter Officer in regard to the item if necessary or place a requested item on a future agenda.
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Ways To Do Public Input
As of May 141' , 2020, all upcoming board and council meetings held by the City of Sebastian can be held by Virtual
Meetings. Some or all elected officials or board members may choose to participate through video conferencing and
members of the public will be provided with several options to participate in the meeting.
These meetings will be broadcasted live on Comcast Channel 25, ATT Channel 99, the City's website
(www.cityofsebastian.org/five), Facebook(https:llwww.facebook.corn lcityofsebastian/ Iive), UStream
(https://video.ibm.comlchannellchannel25), YouTube (https:/Iwww,youtube.r-om/sebastianflorida/Iive).
For members of the public to participate in these virtual meetings, they will have the following options:
To participate in Virtual Meetings (NOT INCLUDING ANY QUASI-JUDICIAL HEARINGS)
please use the following methods:
1. Maximum Densitv Caoacitv as allowed by the Governor DeSantis Executive Order Number 20-52 & 20-112,
Meetings will be conducted in accordance with the Governor DeSantis Executive Order Number 20-52120-112. Thus,
members of the public that want to be heard will be able to do so. Because of social distancing guidelines, there are
only 26 seats available within the city council chambers. These seats will have ADA preference given to them.
Additionally, will be no available seating in the atrium (Lobby). There will seating will be available outside of the city
hall in the courtyard with a television and speakers. Please see a member of staff, when you arrive, if you are
planning on speaking or need anything relating to ADA at least 48 hours in advance.
All public speaking will be done inside the chambers using a special microphone setup that will allow public input
while making sure that there are no surfaces to be touched. In order to provide an orderly manner of input, we will be
giving out numbers. These numbers will be called in order so that we can allow people to queue (line-up) while
maintaining appropriate social distancing. There will be marks on the floor where someone can stand while waiting for
their turn.
At all times, members of the public must strictly adhere to the mandates of EO 20-83 and must keep the appropriate
social distancing of a minimum of six (6) feet at all times.
The City will NOT be providing any face coverings, please bring your own.
2. Zoom Webinar - Audio Participation Possible Durinq The Meetinq
Via the Zoom.us Application (must be installed on computer or phone)
When the agenda is published, the Zoom -us information should be included with it, as well as it being listed with the
agenda on the city's website.
This information will include a link will be provided for those who wish to view or participate in virtual meetings in a
timely manner. There will also be telephone numbers. You can dial any of the numbers provided with the zoom
information, and then entering the Webinar ID for the meeting when prompted.
The Webinar ID will be provided in a timely manner for upcoming virtual meetings.
Please click the link below to join the July 22, 2020 City Council webinar:
https://us02web,zoom.us/j/87880191024
Or iPhone one -tap :
US:+13017158592„878801910244 or+13126266799„87880191024#
Or Telephone:
Dial (for higher quality, dial a number based on your current location):
US: +1 301 715 8592 or +1 312 626 6799 or +1 929 436 2866 or +1253 215 8782 or +1 346 248 7799 or
+1 669 900 6833
Webinar ID: 878 8019 1024
International numbers available: https://us02web.zoom.us/u/kdmXv7pKvo
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Attendees may be allowed to speak, when called on, by raising their hands (via the app or by
pressing *9 while dialed in) and then waiting for permission to speak. More information can be
found on the City's Website at http:llwww.cityofsebastian.orgJimageslZoomTipsRaiseHand-
1587151643835.pdf
More instructions may follow as needed.
If you are having issues with the online virtual meeting, please contact us at 772-388-8226 or email us
at costs@costv.cityofsebastian.com and we will attempt to assist you.
Please visit the website for detailed instructions on how to provide public comment using any of the previously
mentioned options.
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CRcc
SE!AV
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL FORM
COUNCIL MEETING DATE: July 22, 2020
AGENDA ITEM TITLE: Formal Approval of Employee Group Health, Dental and Vision
Insurance Policies for the Year Beginning October 1, 2020.
RECOMMENDATION: Approve Extension of Employee Group Insurance Policies.
BACKGROUND:
The City's Insurance Broker, the Gehring Group, will present information supporting renewal of
our current providers of employee group insurance policies under the Presentation section of
this agenda. This follows negotiations conducted with the current insurance companies on the
costs of renewal premiums.
The recommendation is for approval to renew the current policies with the Florida Blue Options
Program for Health Insurance and with Humana for Dental and Vision. There is a 3% decrease
in premiums for Health Insurance, which is the majority of the costs. The City and Employees
will see a reduction in the Health Insurance Premiums. The increase to premiums for Dental is
9.00%. There is no increase for Vision. The Life Insurance premium is increasing 25%. There
is a $32,802 decrease from last year's combined annual premium.
Staff is pleased with amount of premiums for the renewals and recommends approval.
IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS:
Total Cost to the City is $1,600,774
Appropriation Required: None, this is within amounts provided in the Draft 2021 Annual Budget.
Administrative Services Department Review:` �{ f
ATTACHMENT:
Cost Summary of Current Programs as Compared to Negotiated Renewal.
PowerPoint Presentation
City Manager Au.-horizati n:
ate:
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City of Sebastian
Employee Benefits Executive Cost Summary
Effective Date: October 1, 2020
r',wE
GEHRING GROUP-
d EMPLOYEE BENEFITS I RISK MANAGEMENT
Current
Negotiated Renewal
Medical
Total
1 k l2020-2021
Employer
Employee
Total
Employer
ER %
Employee
Employee Only
64
$586.37
$561.37
$25.00
$560.87
$536.31 S585.87
96%
$24.56 S25.00
Employee + Spouse
15
$1,358.21
$1,039.29
$318.92
$1,299.07
$994.04
77%
$305.03
Employee +Child(ren)
15
$1,050.05
$850.19
$199.86
$1,047.99
$848.52
81%
$199.46
Employee +Family
22
$1,790.51
$1,299.17
$482.34
51,746.64
$1,273.47
73%
$473.17
Annual Premium
$1,353,874
$1,213,955
$239,918
$1,314,330
$1,079,743
$234,587
$Increase/(Decrease)
N/A
N/A
N/A
-$39,543
-$34,212
-$5,331
%Increase/(Decrease)
I
N/A
N/A
N/A
-2.9%
-3.1%
-2.2%
Heaith Reimbursement Account
Total
Employer
Employee
Total
Employer
Employee
Employee Only
64
$2,5D0.00
$2,500.00
$0.00
$2,500.00
$2.500.00
100%
$0.00
Employee + Spouse
15
$5,000.00
$5,000.00
$0A0
$5,o00.00
$5,000.00
100%
$0.00
Employee +Child(ren)
15
$5,000.00
$5,000.00
$0.00
$S,o00.00
$5,000.00
100%
$0.00
Employee + Family
22
$5,000.00
$5,000.0o
$0.00
$S,000.00
$5,000.00
100%
$0.00
Annual Funding
$420,0D0
$420,OD0
$0
I $420.000
$420,000
$0 I
Dental - Base Plan
Total
Employer
Employee
Total
Employer
ER%
Employee
Employee Only
56
$29.59
$29,59
Moo
$32.22
$32.22
100%
$0.00
Employee + Spouse
22
$59.72
544.64
$1S.08
$65.D4
$48.62
75%
$16.42
Employee +Child(ren)
18
$82.03
$55.81
$26.22
$89.33
$60.78
68%
$28.55
Employee + Family
16
$112.17
$70.89
$41.28
$122.15
$77,20
63%
$44.95
Annual Premium
$74,9D6
$57,335
$17,570
$81,570
$62,438
$19,132
$increase/(Decrease)
I
N/A
N/A
N/A
I $6,665
$S,103
$1,562
% Increase/(Decrease)
N/A
N/A
N/A
8.9%
8.9%
9.9%
Dental - Buy Up Plan
Total
Employer
Employee
Total
Employer
ER %
Employee
Employee Only
7
$35.87
$29.59
$6.28
$39.06
$32.22
82%
$6,84
Employee + Spouse
11
$72.40
$44.64
$27.75
$78.84
$49.62
62%
$30.22
Employee + Chi ld(ren)
5
$99.44
$55.81
$43.63
$108.29
$6038
56%
$47.51
Employee + Family
2
$135.97
$70.99
$65.08
$148.07
$77.20
52%
$70.87
Annual Premium
$21,8D0
$13,428
$8,372
$23,739
$14.624
$9,115
$Increase/(Decrease)
N/A
N/A
N/A
$1,939
$1,196
$744
% Increase/(Decrease)
N/A
N/A
N/A
9.9%
9.9%
8.9%
Vision
Total
Employer
Employee
Total
Employer
ER %
Employee
Employee
68
$3.78
$3.79
$0.00
$3.78
$3.78
100%
50.00
Family
71
$11.30
$7.54
$3.76
$11.30
$7.54
67%
53.76
Annual Premium
$12,712
$9,509
$3,204
$12,712
$91509
$3,204
Basle life and AD&D
Total
Employer
Employee
Total
Employer
ER %
Employee
Total Rate/$1,000
$0.181)
$0.180
$O.00O
$0.225
$0.225
100%
$0.000
Estimated Volume
$2,058,000
$2,0S8,000
Annual Premium
$4,445
$4,445
$0
$5,557
$5,557
$0
$Increase/(Decrease)
N/A
N/A
N/A
$1,111
$1,111
$0
% Increase/(Decrease)
N/A
N/A
N/A
25.0%
25.0%
0.0%
Long Term Disability
Total
Employer
Employee
Total
Employer
ER %
Employee
Total Rate/$100
$0.30
$0.3o
$0.00
$0.30
$0.30
100%
$0.00
0� Estimated Volume
$362,949
$362,949
O Annual Premium
$13,066
$13,066
$0
$13,D66
$13,066
$0
Employee Assistance Program
Total
Employer
Employee
Total
Employer
ER %
Employee
Rate PEPM
116
$1.32
$1.32
$0.00
$1.32
$1.32
1D0%
SO.00
5A` 4nnual Premium
$1,837
$1.837
So
91.837
51.837
$0
Combined Annual Premiumill $1,907'"0 $1,633,576 $269,064 $1,866,812 $1,600,774 $266,039
Combined $ Increase/(Decrease) N/A N/A N/A-$35,628-532,802-$3,026
Combined % Increase/(Decrease) N/A N/A N/A 1 -1.9% -2.0% -1.1%
1�1Combined Annual Total and Emolover Premiums include S6.000 Dental Premium Credit
Employee Benefits
October 11, 2020 Renewal
L-rl"YOF
'pip
HOME OF PELICAN ISLAND
Presented By:
Cmw=vA GEHRING GROUP
u 'A
EMPLOYEE BENEFITS I RISK MANAGEMENT
Items for Discussion:
1. Employee Benefit Program Summary
2. Industry Overview
3. 2020-2021 Renewal Process
4. Recommendation of Renewal
5. Questions
C GEHRIENGRGRNOEUP
Employee Benefit Program Summary
• Medical Insurance
-- Currently with Florida Blue
High Deductible Health Plan (HDHP)
o $1,500
Employee
Only / $3,000
Family Deductible
o $4500
Employee
Only / $9,000
Family Out of Pocket Max
• City funded Health Reimbursement Account
— City funds $2,500 for Employee Only / $5,000 for Family Coverage
• Dental and Vision Insurance
— Currently with Humana
• Life, Long Term Disability, and Employee Assistance Program
— Currently with Lincoln Financial Group
GEHRINGGNROEUP
BENEFITSkNIPLOYtt R,
Industry Overview
• Cadillac Tax repealed December 20, 2019 --- Further Consolidated
Appropriations Act, 2020
• ACA — Patient Centered Research Institute Fee $2.54 per member/year for
2020-21 Plan Year (was $2.45 last plan year)
• ACA — Health Insurer Fee was suspended for 2019 calendar year.
Reinstated for 2020 and then fully repealed for 2021 and beyond. Fee is
built into premiums and adds 3% to 4% to costs.
• 2020 Medical inflation at 6%-8% increase and Prescription Inflation at
1
C GEHRING GROUP
EMPLOYEE BENEFITS I RISK MANAGEMENT
2020m2021 Renewal Process
• Medical Insurance:
— Florida Blue initially
proposed 3.0% increase with
no plan
changes
— Gehring Group (GG)
negotiated to 2.9% decrease
with no
plan changes
• Dental Insurance:
Humana proposed 8.9% increase on Base and Buy -Up plans with no
plan changes
GG negotiated a premium credit of $6,000 which results in a net
increase of 2.7%
• Vision Insurance:
Humana proposed 0% increase with no plan changes
Life, Long Term Disability, and Employee Assistance Program
— Lincoln proposed 25% increase to Basic Life rates ($1,111) and no
increase to Voluntary Life, LTD or EAP with no plan changes
C GEHRING GROUP
EMPLOYEE BENEFITS I RISK MANAGEMENT
2020=2021 Recommendation
• Accept Florida Blue's medical renewal at 2.9% overall decrease
— Guaranteed for 12 months
• No change to Health Reimbursement Account funding
• Accept Humana's dental renewal at 8.9% overall increase with the
$6,000 premium credit
— Guaranteed for 12 months
• Accept Humana Is vision renewal of 0% increase to rates
— Guaranteed for 12 months
• Accept Lincoln's renewal of 25% increase on Basic Life and 0% on all
other lines of coverage
— Guaranteed for 12 months
• 2.0% overall decrease to City and 1.0% decrease to Employees
C GEHRING GROUP
.A EMPLOYEE BENEFITS I RISK MANACv EMENT
Questions?
GEHRING GROUP
EMPLOYEE BENEFITS I RISK MANAGEMENT
On v
HOW of PHICAN INIANH CITY COUNCI L AGENDA TRANSM ITTAL FORM
Council Meetinu Date: July 22, 2020
Ap.enda Item Title: Resolution R-20-11 Abandonment of Side Yard Easements
Recommendation: Adopt Resolution No. R-20-11
Backeround: The property owners of 825 Sebastian Boulevard are requesting
abandonment of the side yard utility easements located on the
southwestern most six (6) feet and the northeastern most six (6)
feet of Lot 2 and the southwestem most six (b) feet of Lot 3. A
modification to the site plan for Taco Mobile was approved by the
Planning and Zoning Commission on December 19, 2020, for
additional parking on the two adjacent parcels located to the east.
In order to comply with the approved site plan modification and
begin construction, the referenced easements need to be
abandoned.
All applicable utility entities have given their approval for the
abandonment; including FP&L, AT&T, Comeast, IRC Utilities and
Public Works. The rear yard abuts a city -owned drainage
waterway.
If Agenda Item Requires Expenditure of Funds: N/A
Administrative Services Department/CFO review:
Attachments: 1. R-20-11
2. Site Map
3. Staff Report
4. Utility Approvals
5. Application
City Manager Authorization:
Date: �1' -' /�10
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RESOLUTION NO. R-20-11
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS
2 AND 3, BLOCK 188, SEBASTIAN HIGHLANDS UNIT 6; PROVIDING
FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING;
PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, Javier and Melina Zamarrrnipa, owner of the land at 825 Sebastian
Boulevard, Sebastian, Florida, has filed a request for abandonment of the public utility and
drainage easements along the interior lot lines of the site; and
WHEREAS, the providers of telephone, electric, cable, water, and drainage utilities have
all consented to abandonment thereof.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SEBASTIAN, as follows:
Section 1. VACATION OF EASEMENT. The City Council of the City of
Sebastian does hereby vacate, abolish, abandon and discontinue all of that portion of land
previously dedicated for a public utility and drainage easement described as follows:
The (side yard) utility easements located on the southwestern most six (6) feet and the
northeastern most six (6) feet of Lot 2, Block 188, Sebastian Highlands Unit 6, less the
southeastern most ten (10) feet thereof and; the southwestern most six (6) feet of Lot 3,
Block 188, Sebastian Highlands Unit 6, less the southeastern most ten (10) feet thereof.
all located within the City of Sebastian, Indian River County, Florida.
Section 2. CONFLICT. All resolutions or parts of resolutions in conflict
herewith are hereby repealed.
Section 3. RECORDING. This resolution shall be recorded in the public
records of Indian River County, Florida.
Section 4. SCRIVENER'S ERRORS. Sections of this resolution may be
17 of 133
renumbered or re -lettered and convections of typographical errors which do not affect the intent
may be authorized by the City Manager, or the City Manager's designee, without need of further
action of the City Council by filing a corrected copy of same with the City Clerk.
Section 5. EFFECTIVE DATE. This resolution shall take effect immediately
upon its adoption.
The foregoing Resolution was moved for adoption by Councilmember
. The motion was seconded by Councilmember
and, upon being put into a vote, the vote was as follows:
Mayor Ed Dodd
Vice Mayor Charles Mauti
Councilmember Damien Gilliams
Councilmember Jim Hill
Councilmember Pamela Parris
The Mayor thereupon declared this Resolution duly passed and adopted this 22"d day of July,
2020.
CITY OF SEBASTIAN, FLORIDA
By:
Ed Dodd, Mayor
ATTEST:
Jeanette Williams, MMC
City Cleric
Approved as to Form and Legality for
Reliance by the City of Sebastian only:
Manny Anon, City Attorney
18 of 133
CI1Y 04
HOME OF PELICAN ISLAND
ABANDONMENT OF EASEMENT
Staff Report
1.
Project Name:
Taco Mobile Restaurant - Additional Parking
2.
Requested Action:
Abandonment of the (side yard) utility easements located on the
southwestern most six (6) feet and the northeastern most six (6) feet of Lot 2, Block 188,
Sebastian Highlands
Unit 6, less the southeastern most ten (10) feet thereof and; the
S0LIt11WCSter3 most six (6) feet of Lot 3. Block 188, Sebastian Highlands Unit 6, less the
southeastern most ten
(10) feet thereof
3.
Project Location:
I . Address:
825 Sebastian Boulevard
1). Legal:
Lots 1, 2, and 3, Block 188, Sebastian Highlands Unit 6, according to
the Plat thereof, as recorded in Plat Book 5, Pages 93 through 97
inclusive, of the Public Records of Indian River County
4.
FroQerty Owner:
a. Name:
Javier R Melina Zamarripa
1). ;Address:
100 S. Orange Street
Fellsmere, FL 32948
(772) 360-8408
5.
Project Agent:
a. Name:
Todd N, Smith, PE, Inc.
b. Address:
1717 Indian River Boulevard, Suite 302
Vero Beach. FL 32960
(772) 559-3699 tnspe@bellsouth.net
6. Project Description:
21 of 133
a. Narrative of proposed action: Application has been made for abandonment of the
(side yard) utility easements located on the southwestern most six (6) feet and the
northeastern most six (6) feet of Lot 2, Block 188, Sebastian Highlands Unit 6,
less the southeastern most ten (10) feet thereof and; the southwestern most six (6)
feet of Lot 3, Block 188, Sebastian Highlands Unit 6, less the southeastern most
ten (10) feet thereof. A modification to the site plan for Taco Mobile was
approved by the Planning and Zoning Commission on December 19, 2020, for
additional parking on the two adjacent parcels located to the east. In order to
comply with the approved site plan modification and begin construction, the
referenced easements need to be abandoned.
h. Zoning: C-512 (C-512 Commercial District)
C. Future Land Use: C-512 (Commercial CR-512 Corridor)
d. Performance Overlay District: CR 512
7. Utilities Comments:
a. Florida Power & Light: Approved
b. BellSouth/AT&T: Approved
C. Conicast Cable: Approved
d. Indian River Counter Utilities: Approved
e. City Engineering (drainage): Approved
f. Public Works Approved
8. Planning and Zoning .Division Comments: The eastern easement shown on Lot i has
been previously abandoned by City Council per Resolution R-96-07 and a unity of title has
been recorded for lots 1, 2, and 3.
9. Staff Recommendation: Approve Resolution R-20-1 1
4-711S-jaC-)4D
Prepared by Date
Michelle Faulkner, CFM, Planner
22 of 133
crn Cf
T
SERAA,
-
HOME OF PELICAN ISLAND
COMMUNITY DEVELOPMENT DEPARTMENT
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248
www.cityofsebasiian.org
REQUEST FOR ABANDONMENT OF EASEMENT
May 18. 2020
The Citv of Sebastian is considering; a request to abandon a portion of the easement described
below. Please review this request in regards to your public utility services and provide your
comments.
Descrintion of Easement to be abandoned.: The (side yard) utility easements located on the
southwestern most six (6) feet and the northeastern most six (6) feet of Lot 2, Block 189,
Sebastian Highlands Unit 6, less the southeastern most ten (10) feet thereof and; the
southwestern most six (6) feet of Lot 3, Block 188, Sebastian Highlands Unit 6, less the
southeastern most ten (10) feet thereof.
Location of Easement: 825 Sebastian Boulevard, Sebastian, FL 32958
UTILITY: Kirk Walker, Sell South/AT&T Via email: bw4222L@att.com
r �
APPROVED: �i.' DENIED: DATE:
APPROVED/DENIED BY:
(Signature)
COMMENTS:
Return to: Michelle Faulkner, Planner. Community Deyelmment Dept. 23 of 133
2020/05121 08:20:27 2 12
"" NBfH]N[3 Nt]iIFiCATELIt! : FAX RECEIM SUCCESSFULLY '-
TIME RECEIVED RDOTE CSID DURATIMG PAGES STATUS
�tay 19. 2020 at 11:43:31 AM EDT 239 3 Received
Prom: D15/19/2020 14.34 0007 P,001/003
� l'f
140ME OF PELICAN ISLAND
COMMUNITY DEVELOPMENT DEPARTMENT
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32959
TELEPHONE (772) 591-5518 it FAX (772) 388.8248
www.c#yofsebastiork.org
REOUEST FUR ABANDONMENT OF EASEMENT
May I8, 2020
The City of Sebastian is considering a request to abandon a portion of the easement described
below. Please review this request in regards to your public utility services and provide your
comments.
Descriotion of Easement to be abandoned: The (side yard) utility easements located on the
Southwestern most six (6) feet and the northeastern most six (6) feet of Lot 2. Block 188,
Sebastian Highlands Unit 6, less the southeastern most ten (10) feet thereof and; the
southwatstem most six (6) feet of Lot 3, Block 188, Sebastian Highlands Unit ti, less the
southeastern most ten (10) feet thereof.
Location of Easement: 825 Sebastian Boulevard, Sebastian, FL 32958
UTILITY: Sandra Suckknner, Comcast
APPROVED:
APPROVEDMENIED BY:
COtvW ENTS:
DENIED:
r lgnahsre)
Via Fax:(561)454-5899
DATE:
p== - I o F 3
Rcrurn to: Michelle Faulkner, Planner, Community Development Dept.
ntfaulkneriti eiivofsebastian.oru or Fax (772) 388-9248
24 of 133
CM OF
SEBASTL-"
HOME OF PELICAN ISLAND
COMMUNITY DEVELOPMENT DEPARTMENT
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 s FAX (772) 388-8248
www.cityofsebastion.org
REOUEST FOR ABANDONMENT OF EASEMENT
May 18, 2020
The City of Sebastian is considering a request to abandon a portion of the easement described
below. Please review this request in regards to your public utility services and provide your
Con? ni en.ts.
Description of Easement to be abandoned: The (side yard) utility easements located on the
southwestern most six (6) feet and the northeastern most six (6) beet of Lot 2, Block 188,
Sebastian Ilighlands Unit 6, less the southeastern most ten (10) feet thereof and. the
southi extern most six (6) feet of Lot 3, Block 188, Sebastian 1-1ighlands Unit 6, less the
southeastern most ten (10) feet thereof.
Location of Easement: 825 Sebastian Boulevard, Sebastian, 1=I. 32958
CITY ENGINEER: Kenneth Griffin, Public Works Director\City Engineer
Via Email: kgriffin@ci(yofsebastian.org
APPROVED: ✓ DENIED: DATE: -6-140,2040
A111-(ROVED/13F,NIED BY: �c C,
(Sign u •e)
COMMENTS:
Return to: Michelle I aulkner, Planner, Community Development Dept.
miatilknerii citvot'sebastian.urr! or Fax (772) 388-8248 25 of 133
CM OF
HOME OF PELICAN ISLAND
COMMUNITY DEVELOPMENT DEPARTMENT
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248
www.cityofsebasfian.org
REOUEST FOR ABANDONMENT OF EASEMENT
May 18, 2020
The City of Sebastian is considering a request to abandon a portion of the easement described
below. Please review this request in regards to your public utility services and provide You[ -
comments.
Description of Easement to be abandoned: The (side yard) utility easements located on the
southwestern most six (6) feet and the northeastern most six (6) feet of Lot 2, Block 188,
Sebastian Highlands Unit 6, less the southeastern most ten (10) feet thereof and; the
southwestern most six (6) feet of Lot 3, Block 188, Sebastian Highlands Unit 6, less the
southeastern most ten (10) feet thereof.
Location of Easement: 82� Sebastian Boulevard, Sebastian, FL 32958
UTILITY: Kevin N. Osthus, I.R.C. Utilities Via email: kostlius(wircao%.com
APPROVED: X
APPROVED/DENIED BY:
COMMENTS:
DENIED:
DATE: 05122/2020
Kam, �f Indian River County - Utility Department
(Signature)
Return to: Michelle 1=aulkner. Planner, Community Development Dept.
Ill laulkncr_,r rityolsebastian.ore or Fax (772) 388-8248
26 of 133
CRY Of
SE13A,ST
HOME OF PELICAN ISLAND
COMMUNITY DEVELOPMENT DEPARTMENT
1225 MAIN STREET U SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 w FAX (772) 388-82.48
www.cilyotsebastian.org
REQUEST FOR ABANDONMENT OF EASEMENT
May 18, 2020
The City of Sebastian is considering a request to abandon a portion of the easement described
below. Please review Lhis request in regards to your public utility services and provide your
Comments.
Description of Easement to be abandoned: The (side yard) utility casements located on the
southwestern most six (6) feel and the northeastern most six (6) feet of Lot 2, Block 188,
Sebastian highlands Unit 6, less the southeastern most ten (10) feet thereof and; the
southwestern most six (6) feet of I_ot 3, I3lock 188, Sebastian I lighlands UniL 6, less the
southeastern most ten (10) feet thereof.
Location of Easement: 825 Sebastian Boulevard, Sebastian, 1-1, 32958
UTILITY: Herbert Flowers, FP1, Via email- 1Ierbert.Flowers@fpl.com
APPROVED:. DI 17 NII D:
APPROVED/DENIED BY:
(Signature
COMMENTS:
RECEIVED
DATL: JUL 10 2020
city of Sebastian
-S- F104-
ritun " ep
Return to: Michelle Faulkner, Planner, Cominfllilty Development Dept.
mfauIkneraAcityofsebast ian.org or Fax (772) 388-8249
27 of 133
Permit Application No.
SETIAN City of Sebastian
HOME OF PELICAN,,., Development Order Application
Applicant (if not owner, written authorization (notarized) from owner is required)
Name:
Address: _
Phone Number: ( } _ - FAX Number:
E-Mail:
J 1
Owner (If different from applicant)
Name:
4Mr— V-, Tst �l�t<�FriV�
Address:
Pt cane Number: ( )
E-Mail:
Title of permit or act'�Q_a. requested:
');T F
FAX Number: ( ) -
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC, SHALL BE ATTACHED AND 8-1/2" ay 11" COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED, ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
A. Project Name (if applicable): y ,
t B. Site Information
Address: ���7 J�k�� ���p• .���C`>.r�s>��[� � ��-- a����
Lot: Block: Unit: Subdivision:
r�1, ff�� C� CE OF-• �,_s�rt i1N11— ra
Indian_ River County Parcel #:
Zoning Classification: Future Land Use: r
Existing Use: Proposed Use: ,
rz_ttr l e'4 k' I h C L T-
C. Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessarv):
t�1171 ��� F��� �:. / 't t h1e� Tl-✓',„� ��+ Pam,J
DATE RECEIVED: > /11 1-W FEE PAID: $25D-6V RECEIVED BY:
28 of 133
D. Project Personnel:
Agent:
Name:
Address
Phone Number:
E-Mail-
Attorney:
Name:
Address
Phone Number: ( ) -
E-Mail:
Permit Application No. ,
FAX Number: ( ) -
FAX Number: ( ) -
Engineer:
Name:
I r) G 0
Address { 1
Phone Number: ( ) - FAX Number:
F E 17- `l`i - J
E-Mai I:
Surveyor:
Name-
Ad r ss
Phone Number: ) - 1 # FAX Number:
1 E-Mail: �
I, I'P V�G ��{%1{��� t �� _, BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: X 1 AM THE OWNER _ I
AM'THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
URATE AND TRUErT HE BEST OF MY KNOWLEDGE AND BELIEF.
S/3-zo2-0
NATURE DATE
SWORN TO AND SUBSCRIBED BEFORE ME BY _Ail/E12 zA�r�,2Rl pA
WHO IS PERSONALLY KNOWN TO ME OR PRODUCED
AS IDENTIFICATION, THIS I3 DAY OF AfA20 u
NOTARY S SIGNATURE
PRINTED NAME OF NOTARY (' rllZFel% �, 77WS
COMMISSION No,/EXPIRATION ?A'44 21 ,-:2 o--.L 3
SEAL:
0118, 070; ��ri�•, SWTHLEEN KATT0
Notary Public, State of Florida
�i Commission F GG 2E4010
My Comm. Expires Jan 21, 2023
Bonded through Natlona! Notary Assn,
29 of 133
Permit Application No.
01V0f Supplemental Information
SE13T Easements, vacation of
s
HOME OF PELICAN ISLAND
1. Describe the easement to be vacated (provide { -a legal description,
hiff possible):
LP y rL' S�� V T-I �--. i T'C k f-J� L/ILr7-1 NA e--C 'E4AF�
jFLtaN C� (fit F. k-N o w%r S n L72-
kN 1? LU C5 i Ei1�1ME*jT
2. Why is this vacation of easement being requested?
A SI T e (PIA -CA OAS. SE.EH AFeV-vEY9
3. Attach a survey showing the location of the property lines, all easements and all
structures on the property.
30 of 133
IN L}{
SEBAST�
HOME QFpELICANISLAND CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: July 22, 2020
Agenda Item Title: Approve to utilize Cooperative Sourcewell Contract #120716-NAF,
Cars, Trucks, Vans, SUVs, & Other Vehicles — for the Purchase of
a 2020 Nissan Frontier King Cab SV 2WD 6' Bed.
Recommendation: The Procurement Division, on behalf of the Fleet Management
Division, recommends that the Council APPROVE use of
Cooperative Sourcewell Contract #120716-NAF, Cars, Trucks,
Vans, SUVs, & Other Vehicles — for the Purchase of a 2020
Nissan Frontier King Cab SV 2WD 6' Bed from ALAN JAY FLEET
SALES.
Backqround: This purchase is for use in the Building Department for the new
employee with the primary use of conducting site visits, etc. This truck is currently in stock at the
recommended dealership. Considering the effects of COVID-19, availability of vehicles is
limited. Local vendors were contacted but provided no quotes. Other cooperative and piggyback
contracts were considered but did not benefit the City in the aspect of pricing or vehicle
availability.
Cooperative purchasing saves time and increases buying power for public entities. Being a
Cooperative member, allows access to these contracts. Pricing and contract terms are
guaranteed while the contract is active; this includes any contract extensions or renewals. The
initial contract term was January 17, 2017 — January 17, 2021, with a renewal term extending to
January 17, 2022.
If Agenda Item Requires Expenditure of Funds:
Proposed Project Expense: $22,828.00
Amount Budgeted in Current FY: $22,828.00
Fund to Be Utilized for Appropriation: Building Fund
---� !�
Administrative Services Department Review. _ �.
r
City Manager Authorization:
Date:
Paul E.Carlisle
Attachments:
1. Quote - Recommended Vendor
2. Sourcewell Award & Renewal Letters
3_ Quote — Alternative Piggyback Option
Digitally signed by Paul E.Carlisle
Date: 2020.07.16 11:32:22-04'00'
31 of 133
�L� s 14W'0 Sourcewe!! 471,
Call Usfirst, for all of •our Fleer:Iufoittotive, & Light Truck needs. Quote
1`110AIE (800) ALAA'J.A )- (252-6529) DIRECT 863-uli-9610 WWW.ALANJAY.COM 26_304-2
Corporato 12003 U.S.27 South MOBILE 904-8384999 Mailing P.O. BOX 9200
OfficuISahririg, FL 33870 FAX 863.402-4221 Address Sebring, FL 33871-9200
ORIGINAL 61 71O2020 ATE QUICK QUOTE SHEET REVISED 6118120 0 GATE
REQUESTING AGENCY SEBASTIAN, CITY OF
CONTACT PERSON ALAN CLARKE EMAIL TClarkekDcilvofsobastlanara
PHONE 772-589-1295 MOBILE 772-321-1235 —FAX 772-589-5570 -
SOURCEWELL (FORMERLY NJPA) CONTRACT # 2020-120716 NAF www.NationalAutoFleetGroup.com
MODEL 31310 MSRP S28,315.00
2020 NISSAN FRONTIER KING CAB SV 2WD V BED (31310)
CUSTOMER I❑ NJPA PRICE $21.303.00
—_ BED LEtiLM - - 6.
All vehicles will be ordered while w1 darkest interior unless clearly stared otherwise on purchase order.
FACTORY OPTIONS DESCRIPTION
C1AK GLACIER WHITE EXTERIOR
--------------
ENGINE MANUFACTURERS STANDARD GAS ENGINE AND AUTOMATIC TRANSMISSION S0.00
......... -................ ........ ..... ..-----------------
................--
PW PL PWR WINDOWS AND LOCKS (INCLI $0,00
CAMERA. BACK UP CAMERA (STD) ........... . . .. ...................... som
FACTORY OPTIONS $0.00
CONTRACT OPTIONS DESCRIPTION
NO -TEMP CUSTOMER WILL HANDLE THEIR OWN TAG WORK $0.00 I
HO SOB SH HD Scorpion spray on bed liner (short bed) under rail. $525.00
FS-4LED Federal Signal 4-Corner LED System. LED's will be mounted in headlamps and tail lamps where possible, alternate 5595.00
mounting locations may be substituted. (WHITE(
RAM•VB•195-SW1 RAM universal laptop mounting kit with universal cradle $405.00
.... .... - - .
EWD EXTENDED WARRANTY DECLINED.
--��---�-�--....---�--.....-......_,`
. _.._..... -- - CONTRACT OPTIONS $1,525.00
..
-
_ `$D.00
TRADE IN TOTAL COST $22.828.00
YES WEIAKF.TRADE INS ""_ASKA .IJ MLINi_CJ (1L,El�lANC11VG "" 50.00
iramr �r-i._..-.�.......-,Q - ,
TOTAL COST LESS TRADE IN(S) QTY 1 $22,828,00
Estimated Annual payments for 60 months paid in advance: $S,112.53
Municipal finance for any essential use vehicleLrequires lender approval, WAG,
Comments
VEHICLE QUOTED BY CHRISTY SELF GOVERNMENT ACCOUNT MANAGER oiristv.self lanJay.com
"I Want to be Your Fleet Provider"
t appreciate the opportunity to submit this quotation. Please review it carefully, if there are any errors or changes, please feel free to contact me at any time.
t am always happy to be of assistance,
NJPA-SEBASTIAN, CITY OF•31310 26304-2 Quote.PDF Page 1 of 1
32 of 133
DocuSign Envelope ID: F17A8316-8703-4977-99B8-FC8730143593
Letter of Agreement
To Extend the Contract
Between
72 Hour LLC, dba National Auto Fleet Group
490 Auto Center Dr.
Watsonville, CA 95076-3726
And
Sourcewell
202 121h Street NE
Staples, MN 56479
Phone: (218) 894-1930
The Vendor and Sourcewell have entered into an Agreement (Contract #120716-NAF) forth e
procurement of Vehicles, Cars, Vans, SUVs, and Light Trucks with Related Equipment,
Accessories and Services. This Agreement has an expiration date of January 17, 2021, but the
parties may extend the Agreement for one additional year by mutual consent.
The parties acknowledge that extending the Agreement for another year benefits the Vendor,
Sourcewell and Sourcewell's members. The Vendor and Sourcewell therefore agree to extend
the Agreement listed above for a fifth year. This existing Agreement will terminate on January
17, 2022. All other terms and conditions of the Agreement remain in force.
Sourcewell
oocuSigned by:
By: A� St6of' j
COFD2t39POfiAB9...
Procurement/CPO
Name printed or typed: Jeremv Schwartz
Date 6/17/2020 1 1:32 PM CDT
72 Hour LLC. dba National Auto Fleet Group
Docu5igned by:
By: [� 1._
FACBB573aCt E4fi7...
Name printed or typed: Jesse cooper
Date 7/8/2020 1 4:22 PM CDT
, Its: Director of Operations &
Its: Fleet Manager
33 of 133
6�J�1+MENT +l/y
FORM E °<
CONTRACT ACCEPTANCE AND AWARD
PJPA
p ti�lh>1l+♦l JWnl Pbw— 41-unce
flop portion of this form will be completed by NJPA if the vendor is awarded a contract. The vendor should
complete the vendor authorized signatures as part of the RFP response.)
NJPA Contract f3: 120716-NAF
Proposer's full legal name: 72 Flour LLC, dba National Auto Fleet Group
Based on NJPA's evaluation of your proposal, you have been awarded a contract. As an awarded vendor, you
agree to provide the products and services contained in your proposal and to meet all of the forms and
conditions set forth In this RFP, in any amendments to this RFP, and in any exceptions that are accepted by NJPA.
The efteclive date of the Contract wi I be January 17, 2017 and will expire on January 17, 2021 (no later than the
later of four years from the expirotior, date of the currently awarded contract ar four years from the date that the
NJPA Chief Procurement Officer awa,ds the Contract). This Contract may be extended for a fifth year at NJPA's
discretion.
NJPA Authorized Signatures:
Je=emy Schwartz
Nt
OR OF COO �R _ COty RACT3 iitiAdh=1'1;:^JI';',ic ki'PEJ!
ACUREM Cpb SfGNATUR€
Chao Coauefte
NJPA EXECUTIVE DIRECTORICEOsIG'*AATURE )NAVE PRIMED OR -YPED)
Awarded on January 16, 2017 NJPA Contract # 1207)6-NAF
Vendor Authorised Signatures:
The Vendor hereby accepts this Contract award, including all acceptea exceptions and amendments.
Vendor Name 72- �IGGL Z G G, /l'�� .ram// c Yc /ec'7Y GLcc f
Authorized Signatory's Title
VE. R AUTHORIZED SIGNATURE 1
Executed on ) - 1 6 2Q�7
,.N YlE PPINTED -- R ?', FH7,J
NJPA Contract # 120716-NAF
34 of 133
Big Bend Chevrolet Buick
�1-l�Vi�OI-�T 1 I-s� f lc :iti
;tmc 17, �020
LISA MARASCO
Alan Clarke
904-237-5452
City ofSehastian
1. M ARASCO FL E rT@YA H OO.CO M
C1'rY OF LAKE BUTLER CON'rRACI' #202011FB-01
MSRP
VEHICLE AND OPTIONS
2020 COLORADO ZWD CREW CAB
$
29,650.00
1GCGSBEABLI138311
REMOVAL OF RETAIL MARKU1'
%tier CONVIENCE PACKAGE,
S
Subtotal
$
27,620.40
AFTERMARKET
ADVANCED WORK VANS QUOTE H SAN-SO02846
$
1.800.31
DELIVERY TO ADVANCED WORK VANS (153 MILES)
S
150.00
$
29,570.71
GOVERNMENT PRICE CONCESSION
S
(3,200.00)
LAKE BUTLER PIGGY BACK FEE
$
100.00
Contract negotiated dealer Markup
$
887A2
PURCHASE PRICE FOR VEHCILE
$
27,357.83
$ 27,357,113
Customers Approval for above work:
THANK YOU FOR YOUR SUSINESSI -
Please email purchase orders to LMARASCOFLEET@YAHOO.COM
rornl. S 27,357.83
35 of 133
an of
SEBASW�N
HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL
Council Meetinq Date: July 22, 2020
Agenda Item Title: Finalize Sign Design for the City's Master Sign Project
Recommendation: Staff recommends that the Council FINALIZE the design of
citywide signage so Contractor can begin production and
installation.
Backqround: City staff worked with GAIICommunity Solutions Group, Inc. in
early 2019 to develop a Signage Master Plan. The Signage Master Plan is a 3-year CIP for
replacement or installation of signs including: Parks, entranceways, wayfinding, instructional
and acknowledgement. This project creates a consistent theme throughout our City in parks and
public spaces.
At the June 26, 2019 meeting the City Council made recommendations for the family of signs
with the following consensus: "Teal lettering on the logo, white lettering on the sign, and gray
posts with nautical rope in the CRA district and black posts through the rest of the sign system".
At the December 11, 2019 City Council meeting, West Central Signs, Inc. — Signstar was
awarded to manufacture and install City Signs. Staff has worked with Signstar and is
recommending the provided sign design to be implemented throughout the City.
This design has brown poles with nautical rope instead of the gray and black that was originally
presented in June 2019. The reason for this change is that the gray and black sample poles did
not meet the intended expectation of the wood theme. The Contractor provided brown samples
that Staff feels is a better representation of the theme that the City is working to consistently
maintain. The Parks and Recreation Advisory Committee unanimously approved the presented
design to be installed within City Parks at the June 22"d, 2020 Parks and Recreation Advisory
Committee meeting.
If Aqenda Item Requires Expenditure of Funds:
Year 1: $149,609.25
Year 2: $59,846.81
Year 3: $19,564.29
TOTAL = $229,020.35
Amount Appropriated for Proiect:
Year 1: $202,010 ($100,000 CRA Fund 1$102,010 Recreation Impact Fees)
Year 2: $30,000 (Recreation Impact Fees)
Year 3: $30,000 (Recreation Impact Fees)
TOTAL = $262,010 *Excess funds will be used for remsv ! of existing City signage"
Administrative Services Department Review.
City Manager Authorization
Date: 7/ I % W
Attachments:
1. Sign Prototype Details
2. 06/22/2020 Parks and Recreation Advisory Committee Meeting
3. 06/26/2019 Council Meeting Minutes
36 of 133
PARKS AND RECREATION ADVISORY COMMITTEE PAGE 2
MINUTES OF REGULAR MEETING OF JUNE 22, 2020
working on the Plan and working with some professionals in the field to review it. Now
that the meetings are back to being held, the Sub -Committee is able to review the Plan.
At the last meeting, the Sub -Committee approved the first five sections of the Plan. The
sixth section will be reviewed at the next meeting for approval. It is planned to bring this
Plan back to the Parks and Recreation Committee with the Sub -Committee's approval at
the July meeting. It will also go to the Natural Resources Board and then to City Council
for their review, hopefully in August. He called for questions/discussion.
Ms. Webster asked if the fire ants have been gotten under control. Mr. Benton stated
yes, staff were able to treat the playgrounds and their surrounding areas as well as the
athletic fields. About every two weeks staff does go around and assess all the
playgrounds. Staff is on the ballfields every single day, so they see those every day.
Mr. Agudelo asked how often the ballfields are checked for wasp nests. He has observed
nests a few times. Mr. Benton stated he will have staff check for those. They are checking
in the dugouts at least once or twice a week doing visual checks. He will have staff check
the football fields, around the basketball goals and the skate park on a consistent basis
as well-
B. Updated Park Signage Review and Discussion
Mr. Benton reviewed that a sign vendor was chosen in December. This vendor was
approved by City Council. Last August, City Council approved the color scheme, etc. for
the signs. However, going forward the sign manufacturer has come back with some
alternate designs. The poles are metal that are painted with a wood -like finish. The
backboard of the signage is a foam material. That is what staff is looking to present to
City Council in the future. He has provided this Committee with a mockup and the
recommendation for the prototype so it could be reviewed and commented on.
Ms_ White asked if the picture that is included in the agenda packet is the type sign that
will be used for all the parks. Mr. Benton said yes. He stated most of the parks will have
double -sided signs except for Easy Street because of the location. Ms. White asked if
the budget of $102,000.00 is for all the signs. Mr. Benton stated that figure is what was
allocated for this year. This project will take place over a three-year period. CRA also
has $100,000.00, so they are assisting with some of the signage in the CRA district. Ms.
White inquired whether the wooden sign along US 1 for Riverview Park will be replaced.
Mr. Benton stated that sign will be replaced in a later phase, probably in year three, with
an acknowledgement sign that the contractor is developing. Ms. White asked if the sign
to replace the for Riverview Park which displays the events and dates will still allow dates
and events to be posted. Mr. Benton answered yes. Ms. White asked if the rope design
40 of 133
PARKS AND RECREATION ADVISORY COMMITTEE PAGE 3
MINUTES OF REGULAR MEETING OF JUNE 22, 2020
on the pole will be at an additional cost. Mr. Benton stated there is no additional cost for
that.
Ms. Webster asked whether the Barber Street sign will have space to put dates, etc. Mr.
Benton stated the decision was made for that sign specifically that the marquee will not
be replaced. However, the groups will all have their H-frame signs that they currently
use. Ms. Webster called for anyone from the public who wished to speak to this matter.
Seeing no one and no one being on Zoom, Ms. Webster called for a motion.
A motion to approve the sign design and colors as presented was made by Mr. Agudelo,
seconded by Mr. Renzi, and approved unanimously via voice vote.
8. Public Input
Mr. Ben Hocker, Sebastian, reviewed that sometime ago there was work done on coming
up with signage on CR 512. He asked if that had been discontinued or if that plan was
still being considered. Mr. Benton stated that the US 1 and County Road 512 gateway
signs are included in this plan to be replaced as well.
9. New Business
A. Select a Chairman and Vice -Chairman, adopt rules of procedure.
Motion was made by Ms. White nominating Ms. Webster to continue as Chairperson,
seconded by Mr. Renzi, and approved unanimously via voice vote. Motion nominating
Ms. White as Vice -Chairperson was made by Ms. Webster, seconded by Agudelo, and
approved unanimously via voice vote.
Ms. Webster called for a motion to adopt the Rules of Procedure. Motion was made by
Mr. Renzi to adopt the Rules of Procedure, seconded by Mr. Agudelo, and approved
unanimously via voice vote.
B. Fiscal Year '21 -- Capital Improvement Projects related to the use of
Recreation Impact Fees
Mr. Benton stated Mr. Paul Carlisle, City Manager, and Ken Killgore, Chief Financial
Officer, are present tonight and can answer questions anyone has regarding the budget
and capital projects. He reviewed that City staff assessed the needs of the parks and
identified four projects to be funded with the use of recreational impact fees for fiscal year
2021. The City Code specifically permits recreational impact fees to be used only to
41 of 133
Regular City Council Meeting
June 26, 2019
Page Three
19.095 E. Approve Alcoholic Beverages at Community Center for Faulkner Event on July 21,
2019 from 11:00 am to 5:00 pm - DOB Verified (Transmittal, Application)
Council Member Dodd asked to pull Item C.
MOTION by Council Member McPartlan and SECOND by Vice Mayor Kinchen to approve
Consent Agenda Items A, S, D and E.
Roll Call: Vice Mayor Kinchen — aye Council Member Dodd -- aye
Council Member lovino — aye Council Member McPartlan - aye
Mayor Hill — aye
Motion carried 5-0.
Item C
Council Member Dodd noted pages 35 and 36 of the agenda packet are duplicate.
MOTION by Council Member Dodd and SECOND by Mayor Hill to approve Item C minus
the duplicate page.
Roll Call; Council Member Dodd — aye Council Member lov'rno — aye
Council Member McPartlan — aye Mayor Hill — aye
Vice Mayor Kinchen -- aye
Motion carried 5-0.
8. COMMITTEE REPORTS & APPOINTMENTS - None
PUBLIC HEARINGS - None
10. UNFINISHED BUSINESS
19.061 A. Sionacle Master Plan Update (Transmittal. PPT)
i. Presentation by Lisa Frazier, AICP, Communitv Development DirectorlCRA
Manaoer
The Community Development Director requested a decision from Council as to the
logo, color palette and style to move forward with the signage plan throughout the
community. She displayed PowerPoint slides depicting the variations and stated
once the decisions are made, a bid package will be developed, a sign
manufacturer will be selected and signs will be replaced.
ii. Select Proposed Lo4o and Familv of Sions Desion and Authorize Preparation of
RFP for Sion Manufacturer
Mayor Hill said he did not have a preference on the color but would like to keep
"Home of Six Old Grouches" on the welcome signs. He asked if the City's Sign Shop
would be able to repair the signs after the manufacturer's contract has ended. The
Community Development Director replied the contract could be extended or go out to
bid again,
42 of 133
Regular City Council Meeting
June 26, 2019
Page Four
Council Member Dodd said he preferred the white lettering with teal logo and the
fisherman's village type posts if they wanted to continue the theme as they rewrite
the Comp Plan; and they might need to change the number of grouches.
Vice Mayor Kinchen and Council Member lovino said the white lettering was fine with
the teal logo.
Council Member McPartlan did not have a preference.
Mayor Hill recapped that Council would like the teal logo with the white lettering. He
asked if the 'Six Old Grouches' line should stay noting it has been a talking point for
years. It was the consensus to leave the 'Six Old Grouches' line on the City's
entrance signs and have gray posts with the nautical rope in the CRA district with
black posts through the rest of the sign system.
11. PUBLIC INPUT
New information or requests to City Council not otherwise on the prepared agenda
Bob Stephen said adding plants to the bottom of the water is adding to the eutrophication
problem in the canals and asked Council to stop.
Marcus _? , 17 year resident, agreed with the previous speaker and said something needs
to be done and asked Council what they were going to do about it.
Mayor Hill said Sebastian is the only municipality looking into improving the canals and
waterways and invited the speaker to look into the City's activities
Diana Balton, Environmental Chair of the Sebastian Property Owners Association, said she
would e-mail Council the pediatric cancer study previously mentioned at Council meetings.
She also invited anyone who might be interested to contact her regarding algae blooms and
chemical spraying.
She said she has reviewed the draft budget but does not find a provision covering less
harmful vegetation maintenance and asked to meet with staff.
Council Member Dodd advised the vegetation maintenance document that is being prepared
by the City Manager will include chemical, biological and manual options with cost estimates
along with pros and cons. At the time Council chases an option from that document, that
will be the time to modify the budget and part of the public discourse will be to ask the
people if they want to do this option, and how do they want to fund it. He advised Ms.
Bolton that from a budget perspective, she won't see a difference at this point.
Joel Roth, 1984 East Lakeview Drive, complimented Council on the decision with the
signage. He said in regard to the 'old fishing village' theme, he asked if the City could
develop a brochure depicting the design that would be acceptable to City to give developers.
The City Manager said there were some vague drawings done but the City didn't want to
say those were the only parameters allowed to prevent a 'cookie cutter' look. He added that
there are many new buildings that can be shown to interested developers to continue the
'old fishing village' theme.
4
43 of 133
cm �
SEBASTM
HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM
COUNCIL MEETING DATE: July 22, 2020
AGENDA ITEM TITLE: Adoption of the Proposed Millage
RECOMMENDATION: Adopt Motion to Set the Proposed Millage at 3.1514 and Direct
the City Manager to Execute and Transmit the Required Forms
BACKGROUND:
Pursuant to F.S. 200.065 (b), each taxing authority must
advise the Property Appraiser of its proposed millage and the date, time and place at which a public
hearing will be held to consider the proposed millage and the tentative budget. This information will
be published on the tax notice mailed to the taxpayers in mid -August. We are not allowed to adopt a
rate higher than the proposed millage without incurring additional cost of notifying every taxpayer by
first-class mail.
Certified taxable values for next year are $1,482,054,216,
which is $99,290,047 or 7.18% higher than last year's final taxable values. The rolled -back rate is
2.8091 as compared to the present millage of 2.9399. The amount of ad valorem tax revenue with
the current 2.9399 millage is $186,099 more than with the rolled -back rate. This will be advertised
on the "Trim Notices" as a 4.66% tax increase. The 3.1514 rate would add an additional $300,917 to
ad valorem tax revenues. The total is almost equivalent to the reduction we expect in State
Revenue Sharing receipts. It would be advertised on the "Trim Notices" as a 12.19% tax increase.
At their meeting on Monday, July 20t", the Budget Review
Advisory Committee is expected to vote on the Proposed Millage they recommend to be adopted by
the City Council. Although the Draft Recommended Budget has been "balanced" assuming the
rolled -back rate of 2.9399. it could put us in a difficult position should it be determined before setting
the final millage in September that a higher millage is necessary due to any unanticipated events
between now and then. Such events may include reductions in revenue collections, labor
negotiations and legal action expenditures.
The City Council needs to vote on the proposed millage to be
used on the required forms and published on the tax notice in August. Staff recommends that the
City Council adopt the 3.1514 rate as the proposed millage. The Administrative Services
Director/CFO will make a brief power point presentation. A complete presentation to the City
Council on the Capital Improvement Plan and entire Budget Document is scheduled for August 26tn
IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS:
Total Cost: NIA
Amount Budgeted in Current FY: NIA
Amount of Appropriation Required: None
Fund to Be Utilized for Appropriation: NIA
Administrative Services Department Review: /�
ATTACHMENTS: State of Florida Required Forms DR-420, DR-420TIFs and DR-420MM-P.
Power Point Presentation
The Current Draft Recommended Budget is on the City's Website.
City Manage Au orizatiom
Date: 1*1"e
44 of 133
Reset Form Print Form
DR-420
CERTIFICATION OF TAXABLE VALUE R.5/12
Rule 12D-16.002
Florida Administrative Code
FLORIDA Effective 71/12
Year: 2020 County : INDIAN RIVER
Principal Authority: Taxing Authority:
CITY OF SEBASTIAN CITY OF SEBASTIAN
!SECTION 1: COMPLETED BY PROPERTY APPRAISER
1.
Current year taxable value of real property for operating purposes
$ 1,410,447,809 (1)
2.
Current year taxable value of personal property for operating purposes
$ 69,933,941 (2)
3.
Current year taxable value of centrally assessed property for operating purposes
$ 1,672,466 (3)
4.
Current year gross taxable value for operating purposes (Lure 1 plus Line 2 plus Line 3)
$ 1,482,054,216 (4)
Current year net new taxable value (Add new construction, additions, rehabilitative
5.
improvements increasing assessed value by at least 100%, annexations, and tangible
$ 33,685,698 (5)
personal property value over 1 15% of the previous year's value. Subtract deletions.)
6.
Current year adjusted taxable value (tide 4 minus Line 5)
1,448,368,518 (6) 1
7.
Prior year FINAL gross taxable value from prior year applicable Form DR-403 series
$ 1,382,764,169 (7)
8.
Does the taxing authority include tax increment financing areas? If yes, enter number
❑✓ YES [] NO Number (8)
of worksheets (DR-420TIF) attached, If none, enter 0
2
Does the taxing authority levy a voted debt service millage or a millage voted for 2
Number
9.
years or less under s. 9(b), Article VII, State Constitution? If yes, enter the number of
YES 0 NO (9)
DR-420DEBT, Certification of Voted Debt Millage forms attached. If none, enter 0
0
Property Appraiser Certification I certify the taxable values above are correct to the best of my knowledge.
SIGN
Signature of Property Appraiser:
Date:
HERE
Electronically Certified by Property Appraiser
6/23/2020 12:32 PM
SECTION 11 : COMPLETED BY TAXING AUTHORITY
If this portion of the form is not completed in FULL your taxing authority will be denied TRIM certification and
possibly lose its millage levy privilege for the tax year. If any line is not applicable, enter -0-.
10.
Prior year operating millage levy (Ifprior year millage was adjusted then use adjusted
per $1,000 (10)
millage from Form DR-422)
2.g399
11.
Prior year ad valorem proceeds (Line 7multiplied by Line 10, divided by 1,000)
$ 4,065,188 (11)
12
Amount, if any, paid or applied in prior year as a consequence of an obligation measured by a
$ (12)
dedicated increment value (Sum of either Lines 6cor Line 7o for all DR-420TIF forms)
182,732
13.
Adjusted prior year ad valorem proceeds (Line 1 I minus Line 72)
$ 3,882,456 (13)
14.
Dedicated increment value, if any (Sum of either Line 6b or Line 7e for ail DR-420TIF forms)
$ 66,262,251 (14) l
15.
Adjusted current year taxable value (Line 6 minus Line 74)
$ 1,382,106,267 (15)
16.
Current year rolled -back rate (Line 73 divided by Line 15, multiplied by 1,000)
2,8091 per $1000 (16)
17.
Current year proposed operating millage rate
3.1514 per $1000 (17)
18
Total taxes to be levied at proposed millage rate (Line 17maltiplied by Line 4, divided
(18)
by 1,000)
$ 4,670,546
Continued on page 2 45 of 133
DR-420
R. 5/12
Page 2
19 County Independent Special District TYPE of principal authority (check one} (19)
F✓ Municipality Water Management District
Applicable taxing authority (check one) � Principal Authority Dependent Special District
zo. (2e)
MSTU Water Management District Basin
21. Is millage levied in more than one county? (check one) Yes F,—(] No (21)
DEPENDENT SPECIAL DISTRICTS AND MSTUs I 01
l STOP HERE - SIGN AND SUBMIT
22 Enter the total adjusted prior year ad valorem proceeds of the principal authority, all
dependent special districts, and MSTUs levying a millage. (The sum of Line 13 from all DR-420 $ 3,882,456 (22)
forms)
23. Current year aggregate rolled -back rate (Line22 divided by Line 15, multiplied by 1,000) 2.8091 per $1,000 (23)
24. Current year aggregate rolled -back taxes (Line 4 multiplied by Line 23, divided by 1,000) $ 4,163,238 (24)
Enter total of all operating ad valorem taxes proposed to be levied by the principal
25. taxing authority, all dependent districts, and MSTUs, if any. (The sum of Line 18 from all $ 4,670,546 (25)
DR-420 forms)
26 Current year proposed aggregate millage rate (Line 25 divided by Line 4, multiplied 3.1514 per $1,000 (26)
by 1,000)
27 Current year proposed rate as a percent change of rolled -back rate (Line 26 divided by 12.19 % (27)
Line 23, MinUS 1, multiplied by 100)
First public Date: Time: Place:
budget hearing
I certify the millages and rates are correct to the best of my knowledge.
Taxing Authority Certification The millages comply with the provisions of s. 200.065 and the provisions of
either s. 200.071 or s. 200.081, F.S.
I
Signature of Chief Administrative Officer:
Date:
G
N
Title:
Contact Name and Contact Title:
KEN KILLGORE, FINANCE DIRECTOR
H
Paul Carlisle, CITY MGR
E
Mailing Address:
Physical Address:
R
1225 MAIN ST
1225 MAIN ST
E
City, State, Zip :
Phone Number:
Fax Number:
�7723888249
SEBASTIAN, FL 32958
7723889205
Instructions on page 3
46 of 133
Reset Form Print Form
F11 MAXIMUM MILLAGE LEVY CALCULATION DR-420k5/12
PRELIMINARY DISCLOSURE Rule 12D-10.002
Florida Administrative Code
FLORIDA For municipal governments, counties, and special districts Effective 11/12
Year: 2020 County: INDIAN RIVER
Principal Authority: Taxing Authority:
CITY OF SEBASTIAN CITY OF SEBASTIAN
1 �ls your taxing authority a municipality or independent special district that has levied Yes 11:1 No (1)
ad valorem taxes for less than 5 years?
IF YES, I STOP HERE. SIGN AND SUBMIT. You are not subject to a millage limitation.
2. Current year rolled -back rate from Current Year Form DR-420, Line 16 2.8091 per $1,000 (2)
4 3. Prior year maximum millage rate with a majority vote from 2018 Form DR-420MM, Line 13 5.6257 per $1,000 (3)
4. Prior year operating millage rate from Current Year Form DR-420, Line 10 2,9399 per $1,000 (4)
if Line 4 is equal to or greater than Line 3, skip to Line 11. If less, continue to Line 5.
Adjust rolled -back rate based on prior year majority -vote maximum millage rate
5.
Prior year final gross taxable value from Current Year Form DR-420, Line 7 $
1,382,764,169 (5)
6
Prior year maximum ad valorem proceeds with majority vote $
(6)
(Line 3 multiplied by Line S divided by 1,000)
7,779,016
7
Amount, if any, paid or applied in prior year as a consequence of an obligation $
(7)
measured by a dedicated increment value from Current Year Form DR-420 Line 12
182,732
8.
Adjusted prior year ad valorem proceeds with majority vote (Line 6 minus Line 7) $
7,596,284 (8)
9.
Adjusted current year taxable value from Current Year form DR-420 Line 15 $
1,382,106,267 (9)
10.
Adjusted current year rolled -back rate (Line 8 divided by Line 9, multiplied by 1,000) 5.4962
per $1,000 (10)
Calculate maximum millage levy
11
Rolled -back rate to be used for maximum millage levy calculation 5.4962
per $1,000 (11)
(Enter Line 10 if adjusted or else enter Line 2)
12.
Adjustment for change in per capita Florida personal income (See Line 72 Instructions)
1.0322 (12) 1
13.
Majority vote maximum millage rate allowed (Line 7 7 multiplied by tine 12) 5.6732
per $1,000 (13)
14.
Two-thirds vote maximum millage rate allowed (Multiply tine 73 by 1.70) 6.2405
per $1,000 (14)
15.
Current year proposed millage rate 3.1514
per $1,000 (15)
16.
Minimum vote required to levy proposed millage: (Check one)
(16)
❑
a. Majority vote of the governing body: Check here if Line 15 is less than or equal to Line 13. The maximum millage rate is equal
to the majority vote maximum rate. Enter Line 73 on Line 17.
j
b. Two-thirds vote of governing body: Check here if Line 15 is less than or equal to Line 14, but greater than Line 13. The
jl ❑
maximum millage rate is equal to proposed rate. Enter Line 75 on Line 17.
c. Unanimous vote of the governing body, or 3/4 vote if nine members or more: Check here if Line 15 is greater than Line 14,
El
The maximum millage rate is equal to the proposed rate. Enter Line 15 on Line 77.
❑ d. Referendum: The maximum millage rate is equal to the proposed rate. Enter Line 75 on Line 77.
The selection on Line 16 allows a maximum millage rate of
17' (Enter rate indicated by choice on Line 76) 5.6732 per $1,000 (17)
18. Current year gross taxable value from Current Year Form DR-420, Line 4 $ 1,482,054,216 (18)
Continued on page 2 47 of 133
Taxing Authority: DR-420MM-P
CITY OF SEBASTIAN R. 5/12
Page 2
19. Current year proposed taxes (thee 15 multiplied by Line 78, divided by 1,000) $ 4,670,546 (19)
20.
Total taxes levied at the maximum millage rate (Line 17 multiplied by Line 18, divided $
8,407,990 (20)
by 1,000)
DEPENDENT SPECIAL DISTRICTS AND MSTUS I I , STOP HERE. SIGN AND SUBMIT,
21.
Enter the current year proposed taxes of all dependent special districts & MSTUs levying $ 0 (21)
a millage. (The sum of all Lines 19 from each district's Form DP'-4201i M-P) J
22. Total current year proposed taxes (Line 19 plus Line 27) $ 4,670,546 (22) l
Total Maximum Taxes
Enter the taxes at the maximum millage of all dependent special districts & MSTUs $ 0 I (23)
23' levying a millage (The sum of all fines 20 from each district's Form DR-420MN1-P)
24. Total taxes at maximum millage rate (Lure 20 plus Line 23) $ 9,407,990 (24)
Total Maximum Versus Total Taxes Levied I l
25' Are total current year proposed taxes on Line 22 equal to or less than total taxes at the YES NO (25)
maximum millage rate on Line 24? (Check one)
I certify the millages and rates are correct to the best of my knowledge. The millages
Taxing Authority Certification comply with the provisions of s. 200.065 and the provisions of either s. 200.071 or s.
S 200.081, F.S.
j Signature of Chief Administrative Officer:
G
N
Title:
H Paul Carlisle, CITY MGR
E
R Mailing Address:
E 1225 MAIN ST
City, State, Zip :
SEBASTIAN, FL 32958
Date:
Contact Name and Contact Title.
KEN KILLGORE, FINANCE DIRECTOR
Physical Address
1225 MAIN ST
Phone Number: Fax Number:
7723888205 �7723888249
Complete and submit this form DR-420MM-P, Maximum Millage Levy Calculation -Preliminary Disclosure, to
your property appraiser with the forma DR-420, Certification of Taxable Value.
Instructions on page 3 48 of 133
IReset Form ! l Print Form I
TAX INCREMENT ADJUSTMENT WORKSHEET
FLORIDA
Year: 2020 County : INDIAN RIVER
Principal Authority : Taxing Authority :
CITY OF SEBASTIAN CITY OF SEBASTIAN
Community Redevelopment Area: Base Year:
Re -Development District 2A 1994
DR-420TIF
R. 6/10
Rule 12D-16.002
Florida Administrative Code
Effective 11/12
SECTION I : COMPLETED BY PROPERTY APPRAISER
1- Current year taxable value in the tax increment area $ 93,753,923
(1)
2. Base year taxable value in the tax increment area $ 34,959,870
(2)
3. Current year tax increment value (Line 1 minus Line 2) $ 58,794,053
(3)
4. Prior year Final taxable value in the tax increment area $ 90,110,688
(4)
5. Prior year tax increment value (tine 4 rninus Line 2) $ 55,150,818
(5)
Property Appraiser Certification
I certify the taxable values above are correct to the best of my knowledge.
SIGN
HERE Signature of Property Appraiser :
Date :
Electronically Certified by Property Appraiser
6/23/2020 12:32 PM
SECTION il: COMPLETED BY TAXING AUTHORITY Complete EITHER line 6 or line 7 as applicable. Do NOT complete both.
6. If the amount to be paid to the redevelopment trust fund IS BASED on a specific proportion of the tax increment value:
6a. Enter the proportion on which the payment is based. 95.00 %
(6a)
6b Dedicated increment value (tine 3 multiplied by the percentage on Line 6a) $
(6b)
If value is zero or less than zero, then enter zero on Line 6b 55,854,350
6c. Amount of payment to redevelopment trust fund in prior year $ 154,031
(6c)
7. If the amount to be paid to the redevelopment trust fund IS NOT BASED on a specific proportion of the tax increment value:
7a. Amount of payment to redevelopment trust fund in prior year $ 0
(7a)
7b. Prior year operating millage levy from Form DR-420, Line 10 0.0000 per $1,000
(7b)
7c Taxes levied on prior year taxincrementvalue $
(7c)
(Line 5 multiplied by Line 7b, divided by 1,000) 0
7d Prior year payment as proportion of taxes levied on increment value %
D.00
(7d)
(Line 7a divided by Line 7c, multiplied by 100)
7e Dedicated increment value (Line 3 multiplied by the percentage on Line 7d) $
(7e)
If value is zero or less than zero, then enter zero on Line 7e 0
Taxing Authority Certification
I I certify the calculations, millages and rates are correct to the best of my knowledge.
$ Signature of Chief Administrative Officer: jDate
:
I
G Title:
N Paul Carlisle, CITY MGR
H Mailing Address:
E 1225 MAIN ST
R
E City, State, Zip
SEBASTIAN, FL 329S8
Contact Name and Contact Title:
KEN KILLGORE, FINANCE DIRECTOR
Physical Address:
1225 MAIN ST
Phone Number
7723888205
Fax Number:
7723888249
49 of 133
IReset Form I I Print Form 1
TAX INCREMENT ADJUSTMENT WORKSHEET
FLORIDA
Year: 2020
Principal Authority
CITY OF SEBASTIAN
Community Redevelopment Area:
Re -Development District 2B
ISECTION I : COMPLETED BY PROPERTY APPRAISER
County: INDIAN RIVER
Taxing Authority :
CITY OF SEBASTIAN
Base Year:
2003
D R-420TI F
R. 6/10
Rule 12D-16.002
Florida Administrative Code
Effective 11/12
1. Current year taxable value in the tax increment area $ 17,557,795
(1)
2• Base year taxable value in the tax increment area $ 6,602,110
(2)
3. Current year tax increment value (Line I minus Line 2) $ 10,955,685
(3)
4• Prior year Final taxable value in the tax increment area $ 16,881,471
(4)
5. Prior year tax increment value (Line 4 minus Line2) $ 10,279,361
(5)
Property Appraiser Certification 1 certify the taxable values above are correct to the best of my knowledge.
SIGN --
HERE Signature of Property Appraiser :
Date :
Electronically Certified by Property Appraiser
6/23/2020 12:32 PM
SECTION II: COMPLETED BY TAXING AUTHORITY Complete EITHER line 6 or line 7 as applicable. Do NOT complete both.
6. If the amount to be paid to the redevelopment trust fund IS BASED on a specific proportion of the tax increment value:
6a. Enter the proportion on which the payment is based. 95.00 %
(6a)
6b Dedicated increment value (Line 3 multiplied by the percentage on Line 60) $
(6b)
If value is zero or less than zero, then enter zero on Line 6b 10,407,901
6c• Amount of payment to redevelopment trust fund in prior year $ 28,701
(6c)
7. If the amount to be paid to the redevelopment trust fund IS NOT BASED on a specific proportion of the tax increment value:
7a. Amount of payment to redevelopment trust fund in prior year $ 0
(7a)
7b• Prior year operating millage levy from Form DR-420, Line 10 0.0000 per $1 r000
(7b)
7c Taxes levied on prior year tax increment value $
(7c)
(Line 5 multiplied by Line 7b, divided by 1,000) 0
7d Prior year payment as proportion of taxes levied on increment value
%
(7d)
(Line 7a divided by Line 7c, multiplied by 100) 0.00
7e Dedicated increment value (Line 3 multiplied by the percentage on Line 7d) $
(7e)
If value is zero or less than zero, then enter zero on Line 7e 0
Taxing Authority Certification
I I certify the calculations, millages and rates are correct to the best of my knowledge.
Signature of Chief Administrative Officer: jDate
:
I
G Title:
N Paul Carlisle, CITY MGR
H Mailing Address:
E 1225 MAIN ST
R
E City, State, Zip:
SEBASTIAN, FL 32958
Contact Name and Contact Title:
KEN KILLGORE, FINANCE DIRECTOR
Physical Address:
1225 MAIN ST
Phone Number
7723888205
Fax Number
7723888249
2021 Budget and Capital Program
Presentation on Draft 2021 Budget
And Recommendation on Proposed Millage
Prepared By:
Ken Killgore
Administrative Services Director/CFO
1
2021 Budget and Capital Program
o Changes to General Fund Budgets.
o Changes to General Fund Revenues.
o Enterprise and Other Funds.
o Other Considerations and Proposed
Millage Recommendation.
01
N
O
W
W
Z
w
0
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General Fund Personnel
Additions/Deletions
o No Full-time Additions
o No Full-time Deletions
o No Part-time Additions
o Part-time Deletions:
Leisure Services - Asst. Recreation Supervisor
Leisure Services —Maintenance Worker
3
Draft FY2021 General Fund Budget
Versus Current FY2020 Budget
$ (11,060) Personnel Costs
(161,429) Operating Expenses
(125,,228) Capital Spending
(4,,691) Transfers to Other Funds
$ (302,408) Decrease in Budget
0
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21
Personnel Down $11,060
o Zero Provided for Pay Increases.
o Health Insurance Premiums Down 3%.
o No Increase in Full -Time Employees.
o Decrease of 2 Part-time Employees.
o $37,600 Provided for Retirement Payout.
o $51,632 Provided for Added Responsibilities.
Cn
0
o Zero Funding for Holiday Bonus or Incentives.
W
W
What's Included? —
Revenue Assumptions
o Franchise Fees and Utility Taxes Looking to be
Equal
to
2019 This
Year.
Assuming Collections
Improve
and 4.5%
More
is Received
for 2021.
o State Revenues - Y2Cent is 35% Less than Same
Month in Prior Year (April). Assuming This
Improves and 4.5% More Received for 2021.
o Assumed $50K Reimbursement for COVID-19.
0 33% Property Tax, 11% Franchise Fees, 18%
M Utility Taxes and 18% State Revenues Equal 80%
0
W of Total Revenues.
W
Enterprise Funds:
Golf Course
o Assuming 4.5% More Revenue than 2020.
o $301000 for Restaurant Lease.
o $106,135 for Airport Rent.
o Paying $38,366 Principal and Interest on
$700,000 Building Fund Loan.
o Paying $35,000 Toward General Fund Loans.
o Forecasting Long-term Reduction in Deficit.
Enterprise Funds:
Airport
o Added Revenue from Property Rentals.
o Covering Personnel and Operational Cost.
o Paying off $150,000 General Fund Loan.
o Paying Scheduled Amortization of Loans from
Discretionary Sales Taxes.
o DST Funds for Matching Requirements on
Grants for a Taxi Lane and to Establish Sewer
Service on West Side of Airport.
Enterprise Funds:
Building
o Budgeting Minor Decrease in Revenues.
o Adding Administrative Assistant.
o Covering Personnel and Operational Cost.
o Making Improvements to Front Counter.
o Expecting $38,368 for Principal and Interest
on Golf Course Loan.
9
Special Revenue and Other Funds:
Special Revenue Funds
o Local Option Gas Tax:
31% Less than Same Month Prior Year (March).
Assuming Collections Improve and Equal 2020.
$400,000 Allocated for Road Resurfacing.
$1001000 Allocated for Sidewalks.
$811,000 Allocated for Roadway Signs.
$176,000 Allocated for Equipment.
o $243 340 for Payment on Notes. ($591,000
w Outstanding at 9/30/2020. Matures in 2022.
W
10
Special Revenue and Other Funds:
Special Revenue Funds
o Discretionary Sales Tax:
37% Less in April vs. Same Month Prior Year.
Assuming Collections Better & Up 4.5% 2021.
Allocations to MIS and Police Vehicles.
$500,000 for Road Reconstruction Work.
Harrison St. Plaza/Design of N. Central Plaza.
Tree Protection Plan.
Canal Restoration.
Slip Lining
0
Economic Development Hangar.
W May Defer Projects If Collections Not Adequate.
W
11
Special Revenue and Other Funds:
Special Revenue Funds
o Riverfront CRA Fund:
4%Increase in Taxable Values.
Landscaping/Parking Improvements and
Repairs at Working Waterfront.
Special Events and Sign Grants.
Expecting No New Sewer Connection Grant
Funds Needed for 2021.
Allocation of CRA Manager Cost.
Cy) Y2of Landscaping Contract.
N
O
W
W
12
w
0
W
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Special Revenue and Other Funds:
Special Revenue Funds
o Recreation Impact Fee Fund:
Fully Allocating the Available Collections.
Unspecified Improvements ($5K per Zone).
Additional Park Signage.
Completing Barber Street Bleachers.
Playground Improvements (Including All
Inclusive Features).
Future Projects Dependent on Collections.
13
Special Revenue and Other Funds:
Special Revenue Funds
o Stormwater Utility Fund:
Fees Covering Ongoing Personnel and
Operational Cost.
Includes Equipment Replacements.
$100,000 Allocated for Roadway Swales
and Culverts Work.
Y2of Landscaping Contract.
$200,000 Allocated for Developing an
Updated Stormwater Master Plan.
A
14
Special Revenue and Other Funds:
Special Revenue Funds
o Law Enforcement Forfeiture Fund:
Used Only for Unbudgeted Items.
Specific Items Need City Council Approval.
Current Balance is $32,700.
o Parking In Lieu Of Fund:
Expecting $57,835 Year End 2020 Balance.
$3,000 in 2021 on Crab Stop Agreement.
15
Special Revenue and Other Funds:
Special Revenue/Trust Funds
o Cemetery Trust Fund:
Y2of Sales Expendable on Expansions or
Cost Incidental to Adding Future Sites.
oFunding Columbarium Niches.
Y2of Sales on Operations and Maintenance.
oAllocation for Equipment, Driveway
Resurfacing and Grounds Improvements.
oTransferring $85K to General Fund,, Then
$90K in Future Years.
16
Special Revenue and Other Funds:
Debt Service Funds
o Stormwater Utility Debt Service:
Includes Required Bank Note Payments
Which are Paid by Discretionary Sales Tax.
$782,000 Outstanding as of 9/30/20.
--- Final Maturity on 5/01/22.
17
Capital Improvement Program
o $27.6 Million Over 6 Years. $5.8 Million
Next Fiscal Year. $23.2 Million Last Year.
o Largest Items for Next Fiscal Year:
$900,000 Street Repaving/Reconstruction.
$2001000 Stormwater Master Plan.
$500,000 Canal Restoration.
$569,264 New Taxi Way at Airport.
m $1,,000,000 Sewer Services at Airport.
0
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Property Values and Millage:
Certified Taxable Values
o Rolled -Back Millage is 2.8091. Budget Assumes
Same 2.9399 as This Year, A 4.66% Increase.
o Total Certified Taxable Property Values
Increased $99,290,047 or 7.18%Above 2020.
Additions Account for $33,685,698 or
2.44% of the Increase.
Reassessments Account for $651604,349 or
4.74% of the Increase.
o Last Year's Millage of 3.1514 Would Increase
Revenues by $300,917 Over the 2.9399 Millage
Currently Assumed in 2021 Budget Draft.
19
Property Values and Millage:
Taxable Value Additions
Dollar Value of Tax Roll Additions:
2020 331685IP698 2016 25,763,700
2019 23,351,814 2015 25,492,245
2018 1519981366 2014 19,914,805
2017 351951,704 2013 9,435,090
Tax Roll Additions Yield $95,071 of Added
Revenue for 2021 at the 2.9399 Millage).
20
Property Values and Millage:
3.1514 Mills Versus 2.9399
1. 0322% On Homestead:
2.9399 3.1514
ASSESSED VALUES $200,000 $202,064
TAXABLE VALUES $1501000 $152,064
TAXES $441 $479
CHANGE (8.6% - 17.9%) $38
ASSESSED VALUES
TAXABLE VALUES
TAXES
CHANGE (8.5% - 18.0%)
....................................
ASSESSED VALUES
TAXABLE VALUES
TAXES
CHANGE (8.6% - 17.9%)
10% On Others:
2.9399 3.1514
$200,000 $220,000
$200,000 $220,000
$588 $693
$105
..................................................................
$250,000 $252,581 $250,000 $275,000
$200,000 $202581 $250,000 $275,000
$588 $638 $735 $867
$50 $132
............ .....................................................................
$300,000 $303,097
$2501000 $253,097
$735 $798
$63
$300,000 $330,000
$300,000 $330,000
$882 $1,040
$158
21
4.0000
3.9000
3.8000
3.7000
3.6000
S
a
3.5000
m
e
3.4000
-
3.3000
S
a
3.2000
m
e
3.1000
City of Sebastian
Yearly Millage Setting
b
Final Less Than
Roll -back
L
ZA e
A L < Final Above
b e Roll -back s
o s
- s
v S
_ _ �/
3.0000
f
Final Less Than Proposed
Final Same As Proposed
Fin l Less Than Proposed
N
r r
r
I �_
is
2.8000
2007
2008 2009 2010
2011
2012
2013 2014
2015 2016
2017 2018 2019 2020
W
Rolled- Back
3.0519
3.2121 3.3646 3.8038
3.9019
3.7311
3.5646 3.7398
3.5446 3-6290
3.6700 3.4939 3.1514 2.9399
W
Proposed
3.0519
3.0519 3.3646 3.8038
3.5940
3.3041
3.7166 3.7166
3.8556 3.8556
3.8556 3M00 3.4000 3.1514
Final
3.0519
2.9917 3.3456 3.3456
3.3041
3.3041
3.7166 3.7166
3.8556 3.8556
3.8000 3.4000 3.1514 2.9399
Other Considerations
o Labor Agreements Negotiations.
o Hurricane Season.
o Legal Settlements.
o Additional Experience of Virus Effect
Revenues — Might Adjust Revenue Estimates.
o Assumed Better Revenues by October 2020.
o Balanced by Optimistic Revenue Estimates,,
Cutting Pay Increases, Cutting Operating
Accounts and Funding Capital Items with
W
Other Funds or Deferring Them to Next Year.
W
23
0
W
W
Options on Millage
o Levy Rolled -Back Millage of 2.8091 — 0%:
Requires $186,240 of Expense Cuts - No Pay
Increases and Reduction in Level of Service.
Balance Budget by Using Reserves.
o Levy Same 2020 Millage of 2.9399 — 4.7%:
Draft Budget is Balanced With No Reserves.
No Provision for Pay Increases.
o Levy Same 2019 Millage of 3.1514— 12.2%:
Allows $300,917 Contingency for Less Revenues.
Room for Labor Negotiations/Pay Increases.
Some Cushion for Legal Fees/Settlements.
24
Cn
0
W
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Options on Pay Increases
0 2.0% - $1451471 Added to General Fund:
Requires $145,471 of Expense Cuts and
Reduction in Level of Service.
Or Balance Budget by Using Reserves.
0 2.5% - $1831307 Added to General Fund:
Requires $183,307 of Expenditure Cuts and
Reduction in Level of Service.
Or Balance Budget by Using Reserves.
0 3.0% - $215,024 Added to General Fund:
Requires $215,024 of Expenditure Cuts and
Reduction in Level of Service.
Or Balance Budget by Using Reserves.
25
Concerns Regarding Proposed Millage
o Budget Balanced at 2.9399 — 4.66% Tax
Increase But There Are Concerns:
Projected Revenues May Be Optimistic.
No Room For Labor Negotiations.
No Allowance For Legal Actions.
Further Cuts May Reduce Levels of Service.
o Only Option Will Be Using Reserves:
Now Close to $5 Million Level.
Could View Virus in Same Light as Hurricanes.
0
But...With Hurricanes, FEMA Replaces Reserves.
W
Must Avoid Use of Reserves for Recurring Cost.
W
26
Recommendation on Proposed Millage
o Recommend Proposed Millage Be Approved
at 3.1514 (2019 Rate).
o Will be Advertised as a 12.19% Tax Increase.
o May Still Need Expenditure Cuts or Need to
Use Some Reserves. At Least Offers Some
Ability to Cover Uncertainties Between Now
and the Public Hearings Held in September.
27
I'M 0
SEBAS7L!
HOME Or PELICAN l"ND CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: July 22, 2020
Agenda Item Title: CARES Act Grant in the amount of $924,322.00
Recommendation: Approve Sub -Grant Agreement between the City of Sebastian and
Indian River County for CARES Act funding and authorize the City
Manager to complete and sign the necessary documents.
Background: The State of Florida has begun distribution of the Coronavirus Air
Relief and Economic Security Act (CARES Act) to Counties under 500,000 in population. Indian
River County has received the first 25% of the funding that must be distributed by September,
2020. The County and all of the Municipalities have been working on the distribution of these
funds and as such, the City of Sebastian is eligible for $924,322.00 of funding. These funds can
be used to cover the Cities` expense incurred by the COVID-19 pandemic. Additionally we can
provide grants to businesses as a grant to offset economic cost suffered by the loss of business
(please see attached guidelines).
If Agenda Item Requires Expenditure of Funds:
Sub -Grant Agreement to the City $924,322.00
Administrative Services Department RP
uiew:
City Attorney Review:
Attachments:
1. Sebastian CARES Act Funding Request
2. Sub -Grant Agreement to the City $924,322.00
3. Guidelines
4. Indian River County Staff Report
City Manager Authorization:
Date:
Digitally signed by Paul I
Paul E.Ca rl i s l e E.Carlisle
Date: 2020A7.1 b 15:47:45
-04'00'
78 of 133
BOARD OF COUNTY COMMISSIONERS
July 16, 2020
Paul Carlisle
City Manager, City of Sebastian
1225 Main St.
Sebastian, FL 32958
RE: CARES Act Funding Request
Mr. Carlisle,
On July 14, 2020, the Indian River County Board of County Commissioners approved the attached
Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") local spending plan and funding
agreement. The initial allocation to Indian River County is $69M; out of that amount, the City of Sebastian
would receive 13.2494%, which equals $924,322, upon initial distribution.
I am reaching out to you today to request the City of Sebastian's spending plan. This plan must meet
particular guidelines. I have included those guidelines for your reference, as well as the subgrant agreement
which will also be required as part of the request package.
As you know these funds have a short turnaround time. Your quick response during this time is greatly
appreciated. Please submit your proposed spending plan to me no later than July 28, 2020. This plan will
serve as the template for the scope of services for the attached subgrant agreement.
If you have any questions, please contact me at 226-1408.
Respectfully,
Jason Brown
County Administrator
Attached:
Memorandum: CARES Act Proposed Spending Plan and Funding Agreement (approved July 14, 2020)
Guidance for Authorized Expenses
Subrecipient Agreement
OFFICE OF THE COUNTY ADMINISTRATOR
INDIAN RI VER COUNTY
1801 27th Street, Vero Beach, Fl. 32960-3388
PHONE: 772-226-1408
79 of 133
INDIAN RIVER COUNTY CARES ACT FUNDING AGREEMENT
THIS AGREEMENT is entered into by Indian River County, a political subdivision of the State of Florida, whose
address is 1801 27th Street, Vero Beach, Florida, 32960 (hereinafter referred to as the "Recipient"), and
, a municipality/not-for-profit, whose address is
(hereinafter referred to as the "Subrecipient").
This agreement is entered into based on the following representations:
A. The Subrecipient represents that it is fully qualified and eligible to receive this funding for the
purposes identified herein; and
B. The Recipient has received these funds from the State of Florida, who received those funds from
the U.S. Department of Treasury and has the authority to distribute these funds to the Subrecipient
upon the terms and conditions below; and
C. The CARES Act, section 601(d) of the Social Security Act, created the Coronavirus Relief Fund
(CRF) and provided Florida with $8,328,221,072; 55% of which was allocated to the State of Florida
and 45% was allocated to counties.
D. The United States Department of the Treasury disbursed $2,472,413,692 of these funds directly to
counties with a population in excess of 500,000.
E. A remaining balance of $1,275,285,790 was reverted to the State of Florida from the local
government allocation, for the State to disburse to counties with populations less than 500,000.
F. Per the Recipient's agreement with the State of Florida, counties should provide funding to
municipalities within their jurisdiction upon request for eligible expenditures under the CARES Act,
however, counties are responsible for the repayment of funds for expenditures that the Federal
government determines are ineligible under the CARES Act.
Therefore, the Recipient and the Subrecipient agree to the following:
(1) LAWS. RULES, REGULATIONS. AND POLICIES
a. Performance under this Agreement is subject to 2 C.F.R Part 200, entitled "Uniform
Administrative Requirements, Cost Principles and Audit Requirements for Federal
Awards."
b. As required by section 215.971(1), Florida Statutes, this Agreement includes:
i. A provision specifying a scope of work that clearly establishes the tasks that the
Recipient is required to perform, Attachment A.
ii. A provision dividing the agreement into quantifiable units of deliverables that must
be received and accepted in writing by the Recipient before payment or
reimbursement. 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 Subrecipient
fails to perform the minimum level of service required by the agreement.
iv. A provision specifying that the Subrecipient may expend funds only for allowable
costs resulting from obligations incurred during the specified agreement period.
V. A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Recipient.
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 Recipient.
c. In addition to the foregoing, the Subrecipient and the Recipient will be governed by
all applicable State and Federal laws, rules and regulations, including those identified
in Attachment B. 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.
(2) CONTACT
a. The Recipient's Program Manager will be responsible for enforcing performance of this
Agreement's terms and conditions and will serve as the Recipient's liaison with the
Subrecipient. As part of his/her duties, the Program Manager for the Recipient will
monitor and document Subrecipient performance.
80 of 133
b. The Recipient's Program Manager and Representative for this Agreement is:
Kristin Daniels, CGFO
Director - Office of Manaqement &
Budget
Indian River County
Phone. 772-226-1214
e-mail kdaniels(@ircgov.com
c. 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.
(3) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(4) EXECUTION
This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
(5) MODIFICATION
This agreement may not be modified.
(6) PERIOD OF AGREEMENT
This Agreement shall be effective on March 1. 2020 and shall end on December 30,
Z , unless terminated earlier in accordance with the provisions of Paragraph (15) TERMINATION. In
accordance with section 215,971(1)(d), Florida Statutes, the Subrecipient may expend funds authorized
by this Agreement "only for allowable costs resulting from obligations incurred during the specific
agreement period."
(7) FUNDING
a. The Recipient'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 and the Florida Constitution.
b. This is a modified reimbursement agreement. The State, through the Recipient, will
make an initial disbursement to the county of 25% of the total amount allocated
to the Recipient according to the United States Department of the Treasury. Any
additional amounts will be disbursed on a reimbursement basis.
c. Subrecipients may use payments for any expenses eligible under section 601(d) of the
Social Security Act, specifically the Coronavirus Relief Fund and further outlined in US
Treasury Guidance. Payments are not required to be used as the source of funding of last
resort.
d. The Recipient's Program Manager 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
Subrecipient.
e. For the purposes of this Agreement, the term "Improper payment" means or includes:
i. Any payment that should not have been made or that was made in an incorrect
amount (including overpayments and underpayments) under statutory,
contractual, administrative, or other legally applicable requirements.
f. As required by the Reference Guide for State Expenditures, reimbursement for travel must
be in accordance with section 112.061, Florida Statutes, which includes submission of the
claim on the approved state travel voucher.
g. Reserved.
h. The CARES Act requires that the payments from the Coronavirus Relief Fund only be used
to cover expenses that—
i. are necessary expenditures incurred due to the public health emergency with
respect to the Coronavirus Disease 2019 (COVID-19);
ii. were not accounted for in the budget most recently approved as of March 27, 2020
(the date of enactment of the CARES Act) for the State or government; and
81 of 133
iii. were incurred during the period that begins on March 1, 2020 and ends on
December 30, 2020. Funds transferred to Subrecipient must qualify as a
necessary expenditure incurred due to the public health emergency and meet the
other criteria of section 601(d) of the Social Security Act. Such funds would be
subject to recoupment by the Treasury Department if the funds have not been used
in a manner consistent with section 601(d) of the Social Security Act.
Examples of Eligible Expenses include, but are not limited to:
i. Medical expenses
ii. Public health expenses
iii. Payroll expenses for public safety, public health, health care, human services, and
similar employees whose services are substantially dedicated to mitigating or
responding to the COVID-19 public health emergency..
iv. Expenses of actions to facilitate compliance with COVID-19 related public health
measures.
v. Expenses associated with the provision of economic support in connection with
the COVID-19 public health emergency.
vi. Any other COVID-19 — related expenses reasonably necessary to the function of
government that satisfy the fund's eligibility criteria.
(8) INVOICING
a. In order to obtain reimbursement for expenditures in excess of the initial 25%
disbursement, the Subrecipient must file with the Recipient Grant Manager its request for
reimbursement and any other information required to justify and support the payment
request. Payment requests must include a certification, signed by an official who is
authorized to legally bind the Subrecipient, 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).
b. Reimbursements will only be made for expenditures that the Recipient provisionally determines
are eligible under the CARES Act. However, the Recipient's provisional determination that an
expenditure is eligible does not relieve the Subrecipient of its duty to repay the Recipient for
any expenditures that are later determined by the Recipient, the State of Florida or the Federal
government to be ineligible.
(9) RECORDS
a. As a condition of receiving state or federal financial assistance, and as required by sections
20.055(6)(c) and 215.97(5)(b), Florida Statutes, the Recipient, 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 Subrecipient 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 Subrecipient's personnel for the purpose of interview
and discussion related to such documents. For the purposes of this section, the term
"Subrecipient" includes employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement.
b. The Subrecipient 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.m yflorida, com/library-arch ives/records-managem ent/general-records-
schedulesl.
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
82 of 133
to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of
the meetings must be taken and promptly recorded.
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.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT: (772) 226-1424,
pub] icrecords cbircgov.com, Indian River Countv
Office of the Countv Attornev, 1801 2711 Street, Vero
Beach, FL 32960
(10) AUDITS
a. In accounting for the receipt and expenditure of funds under this Agreement, the
Subrecipient must 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 Subrecipient's performance under this Agreement, the
Recipient must 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 and strict compliance with this Agreement, the Subrecipient will be
held liable for reimbursement to the Recipient of all funds not spent in accordance with these
applicable regulations and Agreement provisions within thirty (30) days after the Recipient
has notified the Subrecipient of such non-compliance.
d. The Subrecipient must 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 must state that the audit
complied with the applicable provisions noted above. The audits must be received by the
Recipient no later than nine months from the end of the Subrecipient's fiscal year.
e. The Subrecipient must send copies of reporting packages required under this paragraph
directly to each of the Program Manger.
f. Fund payments are considered to be federal financial assistance subject to the Single Audit Act
and the related provisions of the Uniform Guidance.
(11) REPORTS
a. The Subrecipient must provide the Recipient with quarterly reports and a close-out report.
These reports must include the current status and progress of the expenditure of funds
under this Agreement, in addition to any other information requested by the Recipient.
Quarterly reports are due to the Recipient no later than 15 days after the end of each quarter
of the program year and must be sent each quarter until submission of the administrative
close-out report. The ending dates for each quarter of the program year are March 31,
June 30, September 30, and December 31. The first quarterly report due pursuant to this
agreement is due for the quarter ending September 30, 2020. 83 of 133
c. The close-out report is due sixty (60) days after termination of this Agreement or 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 Recipient or are not completed in
a manner acceptable to the Recipient, the Recipient may withhold further payments until
they are completed or may take other action as stated in Paragraph (15) REMEDIES.
"Acceptable to the Recipient" means that the work product was completed in accordance
with the Budget and Scope of Work.
e. The Subrecipient must provide additional program updates or information that may be
required by the Recipient.
(12) MONITORING
In addition to reviews of audits conducted in accordance with paragraph (10) AUDITS above,
monitoring procedures may include, but not be limited to, on -site visits by Recipient staff,
limited scope audits, or other procedures. The Subrecipient agrees to comply and cooperate
with any monitoring procedures/processes deemed appropriate by the Recipient. In the event
that the Recipient determines that a limited scope audit of the Subrecipient is appropriate, the
Subrecipient agrees to comply with any additional instructions provided by the Recipient to
the Subrecipient regarding such audit. The Subrecipient 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 Recipient will monitor the
performance and financial management by the Subrecipient throughout the period of
agreement to ensure timely completion of all tasks.
(13) LIABILITY
Any Subrecipient which is a state agency or subdivision, as defined in section 768.28, Florida
Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which
result in claims or suits against the Recipient, 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 party
to which sovereign immunity applies. Nothing herein will 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 this Agreement.
(14) DEFAULT
a. If any of the following events occur ("Events of Default"), all obligations on the part of the
Recipient to make further payment of funds will, if the Recipient elects, terminate and
the Recipient has the option to exercise any of its remedies set forth in Paragraph
(15) REMEDIES. However, the Recipient 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.
b. If any warranty or representation made by the Subrecipient in this Agreement or any
previous agreement with the Recipient is or becomes false or misleading in any respect,
or if the Subrecipient fails to keep or perform any of the obligations, terms or covenants in
this Agreement or any previous agreement with the Recipient and has not cured them in
timely fashion, or is unable or unwilling to meet its obligations under this Agreement.
c. If material adverse changes occur in the financial condition of the Subrecipient at any time
during the period of agreement, and the Subrecipient fails to cure this adverse change
within thirty (30) days from the date written notice is sent by the Recipient.
d. If any reports required by this Agreement have not been submitted to the Recipient or have
been submitted with incorrect, incomplete or insufficient information;
e. If the Subrecipient has failed to perform and complete on time any of its obligations under
this Agreement.
(15) REMEDIES
If an Event of Default occurs, then the Recipient may, after thirty (30) calendar days written notice to
the Subrecipient and upon the Subrecipient's failure to cure within those thirty (30) days, exercise any
one or more of the following remedies, either concurrently or consecutively:
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a. Terminate this Agreement, provided that the Subrecipient 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 (2) CONTACT 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 Subrecipient refund to the Recipient 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 Subrecipient 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 Subrecipient to suspend, discontinue or refrain from incurring costs for
any activities in question, or
iv. require the Subrecipient to reimburse the Recipient for the amount of costs incurred
for any items determined to be ineligible, or
f. Exercise any other rights or remedies which may be available under law. Pursuing any of
the above remedies will not stop the Recipient from pursuing any other remedies in this
Agreement or provided at law or in equity. If the Recipient waives any right or remedy in
this Agreement or fails to insist on strict performance by the Subrecipient, it will not
affect, extend or waive any other right or remedy of the Recipient, or affect the later exercise
of the same right or remedy by the Recipient for any other default by the Subrecipient.
(16) TERMINATION
a. The Recipient 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 Subrecipient to permit public
access to any document, paper, letter, or other material subject to disclosure under
Chapter 119, Florida Recipient of Emergency Management Statutes, as amended.
b. The Recipient 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 Subrecipient 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 Subrecipient will not incur new obligations
for the terminated portion of this Agreement after they have received the notification of
termination. The Subrecipient will cancel as many outstanding obligations as possible.
Costs incurred after receipt of the termination notice will be disallowed. The Subrecipient
will not be relieved of liability to the Recipient because of any breach of this Agreement
by the Subrecipient. The Recipient may, to the extent authorized by law, withhold payments
to the Subrecipient for the purpose of set-off until the exact amount of damages due
the Recipient from the Subrecipient is determined.
(17) ATTACHEMENTS
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 will control, but only to the extent of the
conflict or inconsistency.
(18) PAYMENTS
a. The Recipient will make a disbursement to Subrecipient in the amount of T,
(19) REPAYMENTS
a. All refunds, return of improper payments, or repayments due to the Recipient under this
Agreement are to be made payable to the order of "Indian River County," and mailed
directly to the following address:
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b. In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned
to the Recipient for collection, Subrecipient shall pay the Recipient a service fee of $15.00
or 5% of the face amount of the returned check or draft, whichever is greater.
(20) 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 Subrecipient in this
Agreement, in any later submission or response to a Recipient request, or in any
submission or response to fulfill the requirements of this Agreement. All of said information,
representations, and materials is incorporated by reference. The inaccuracy of the
submissions or any material changes will, at the option of the Recipient and with thirty (30)
days written notice to the Subrecipient, cause the termination of this Agreement and the
release of the Recipient from all its obligations to the Subrecipient.
b. This Agreement must be construed under the laws of the State of Florida, and venue for
any actions arising out of this Agreement will be in the Circuit Court of Indian River County.
If any provision of this Agreement is in conflict with any applicable statute or rule, or is
unenforceable, then the provision is null and void to the extent of the conflict, and is
severable, but does not invalidate any other provision of this Agreement.
c. Any power of approval or disapproval granted to the Recipient under the terms of this
Agreement will survive the term of this Agreement.
d. This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
e. The Subrecipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and
private entities on the basis of disability in employment, public accommodations,
transportation, State and local government services, and telecommunications.
f. Those who have been placed on the convicted vendor list following a conviction for a public
entity crime or on the discriminatory vendor list may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with a public entity,
and may not transact business with any public entity in excess of $25,000.00 for a period
of thirty-six (36) months from the date of being placed on the convicted vendor list or on
the discriminatory vendor list.
g. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification
in accordance with Chapter 216, Florida Statutes, or the Florida Constitution.
h. All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre -audit and post -audit thereof.
i. Any bills for travel expenses must be submitted in accordance with section 112.061, Florida
Statutes.
j. The Recipient reserves the right to unilaterally cancel this Agreement if the Subrecipient
refuses to allow public access to all documents, papers, letters or other material subject to
the provisions of Chapter 119, Florida Statutes, which the Subrecipient created or received
under this Agreement.
k. If the Subrecipient is allowed to temporarily invest any advances of funds under this
Agreement, they must use the interest earned or other proceeds of these investments only
to cover expenditures incurred in accordance with section 601(d) of the Social Security Act
and the Guidance on eligible expenses. If a government deposits CRF payments in a
government's general account, it may use those funds to meet immediate cash
management needs provided that the full amount of the payment is used to cover
necessary expenditures. Fund payments are not subject to the Cash Management
Improvement Act of 1990, as amended. The State of Florida will not intentionally award
publicly -funded contracts to any contractor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provisions contained in 8 U.S.C.
Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INX)]. The
Recipient shall consider the employment by anycontractor of unauthorized aliens 86i93ft"3
of Section 274A(e) of the INA. Such violation by the Subrecipient of the employment
provisions contained in Section 274A(e) of the INA will be grounds for unilateral
cancellation of this Agreement by the Recipient.
The Subrecipient is subject to Florida's Government in the Sunshine Law (Section 286.011,
Florida Statutes) with respect to the meetings of the Subrecipient's governing board or the
meetings of any subcommittee making recommendations to the governing board. All of
these meetings must be publicly noticed, open to the public, and the minutes of all the
meetings will be public records, available to the public in accordance with Chapter 119,
Florida Statutes.
m. All expenditures of state or federal financial assistance must be in compliance with the
laws, rules and regulations applicable to expenditures of State funds, including but not
limited to, the Reference Guide for State Expenditures.
n. This Agreement may be charged only with allowable costs resulting from obligations
incurred during the period of agreement.
o. Any balances of unobligated cash that have been advanced or paid that are not authorized
to be retained for direct program costs in a subsequent period must be refunded to the
Recipient.
p. If the purchase of the asset was consistent with the limitations on the eligible use of funds
provided by section 601(d) of the Social Security Act, the Subrecipient may retain the asset.
If such assets are disposed of prior to December 30, 2020, the proceeds would be subject
to the restrictions on the eligible use of payments from the Fund provided by section 601(d)
of the Social Security Act.
(21) LOBBYING PROHIBTION
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 Recipient 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.
c. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying
activities.
d. 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."
e. No funds or other resources received from the Recipient 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.
i. The Subrecipient certifies, by its signature to this Agreement, that to the best of his
or her knowledge and belief:
ii. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the Subrecipient, 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.
iii. 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 Subrecipient must complete and submit
Standard Form-LLL, "Disclosure of Lobbying Activities."
iv. The Subrecipient must 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 Subrecipient s shall
certify and disclose.
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v. 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.
(22) LEGAL AUTHORIZATION
The Subrecipient 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 Subrecipient also certifies that the undersigned person has the authority to
legally execute and bind the Subrecipient to the terms of this Agreement.
(23) ASSURANCES
The Subrecipient must comply with any Statement of Assurances incorporated as Attachment
C.
(24) EQUAL OPPORTUNITY EMPLOYMENT
a. In accordance with 41 C.F.R. §60-1.4(b), the Subrecipient 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:
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:
i. Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The contractor agrees to
post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
ii. The contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the contractor, state that all qualified applicants will receive
considerations for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
iii. The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's
essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such 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 %8"&e1r3'3
representatives of the contractor's commitments under this section, and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
V. The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
vi. The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the administering agency and the Secretary of Labor
for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
vii. In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders, this
contract may be canceled, terminated, or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
viii. The contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every
subcontract or purchase order unless exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a
means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction
by the administering agency the contractor may request the United States to enter
into such litigation to protect the interests of the United States.
(25) COPELAND ANTI -KICKBACK ACT
a. The Subrecipient 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.
(26) CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Subrecipient , with the funds authorized by this Agreement, enters into a contract that
exceeds $100,000 and involves the employment of mechanics or laborers, then any such
contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of
the Act, each contractor must be required to compute the wages of every mechanic and
laborer on the basis of a standard work week of 40 hours. Work in excess of the8standard
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.
(27) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
a. If the Subrecipient, with the funds authorized by this Agreement, enters into a contract
that exceeds $150,000, then any such contract must include the following provision:
i. Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal
Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report
violations to FEMA and the Regional Office of the Environmental Protection
Agency (EPA).
(28) SUSPENSION AND DEBARMENT
a. If the Subrecipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following provisions:
i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2
C.F.R. pt. 3000. As such the contractor is required to verify that none of the
contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at
2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified
(defined at 2 C.F.R. § 180,935).
ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C and must include a requirement to comply with these
regulations in any lower tier covered transaction it enters into.
iii. This certification is a material representation of fact relied upon by the Recipient.
If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to
the Recipient, the Federal Government may pursue available remedies,
including but not limited to suspension andlor debarment.
iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt.
180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The bidder
or proposer further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
(29)BYRD ANTI -LOBBYING AMENDMENT
If the Subrecipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following clause:
i. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors
who apply or bid for an award of $100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant, or any other
award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying
with non -Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the Subrecipient.
(30) CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS
ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a. If the Subrecipient, with the funds authorized by this Agreement, seeks to procure goods
or services, then, in accordance with 2 C.F.R. §200.321, the Subrecipient must take the
following affirmative steps to assure that minority businesses, women's business
enterprises, and labor surplus area firms are used whenever possible:
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i. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's business enterprises
are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses,
and women's business enterprises;
iv. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's
business enterprises;
V. Using the services and assistance, as appropriate, of such organizations as the
Small Business Administration and the Minority Business Development Agency
of the Department of Commerce; and
vi. Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs (i). through v. of this subparagraph.
b. The requirement outlined in subparagraph a. above, sometimes referred to as
"socioeconomic contracting," does not impose an obligation to set aside either the
solicitation or award of a contract to these types of firms. Rather, the requirement only
imposes an obligation to carry out and document the six affirmative steps identified above.
c. The "socioeconomic contracting" requirement outlines the affirmative steps that the
Subrecipient must take; the requirements do not preclude the Subrecipient 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 Subrecipient 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").
(31) SCOPE OF WORK.
The Sub recipient shall perform the tasks as identified and set forth in the Scope of Work,
which is Attachment A.
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Coronavirus Relief Fund
Guidance for State, Territorial, Local, and Tribal Governments
April 22, 2020
The purpose of this document is to provide guidance to recipients of the funding available under section
601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic
Security Act ("CARES Act"). The CARES Act established the Coronavirus Relief Fund (the "Fund")
and appropriated $150 billion to the Fund. Under the CARES Act, the Fund is to be used to make
payments for specified uses to States and certain local governments; the District of Columbia and U.S.
Territories (consisting of the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana Islands); and Tribal governments.
The CARES Act provides that payments from the Fund may only be used to cover costs that —
are necessary expenditures incurred due to the public health emergency with respect to
the Coronavirus Disease 2019 (COVID-19);
2. were not accounted for in the budget most recently approved as of March 27, 2020 (the
date of enactment of the CARES Act) for the State or government; and
3- were incurred during the period that begins on March 1, 2020, and ends on December 30,
2020.'
The guidance that follows sets forth the Department of the Treasury's interpretation of these limitations
on the permissible use of Fund payments.
Necessary expenditures incurred due to the public health emergency
The requirement that expenditures be incurred "due to" the public health emergency means that
expenditures must be used for actions taken to respond to the public health emergency. These may
include expenditures incurred to allow the State, territorial, local, or Tribal government to respond
directly to the emergency, such as by addressing medical or public health needs, as well as expenditures
incurred to respond to second -order effects of the emergency, such as by providing economic support to
those suffering from employment or business interruptions due to COVID-19-related business closures.
Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not
otherwise qualify under the statute. Although a broad range of uses is allowed, revenue replacement is
not a permissible use of Fund payments.
The statute also specifies that expenditures using Fund payments must be "necessary." The Department
of the Treasury understands this term broadly to mean that the expenditure is reasonably necessary for its
intended use in the reasonable judgment of the government officials responsible for spending Fund
payments.
Costs not accounted for in the budget most recently approved as of March 27, 2020
The CARES Act also requires that payments be used only to cover costs that were not accounted for in
the budget most recently approved as of March 27, 2020. A cost meets this requirement if either (a) the
cost cannot lawfully be funded using a line item, allotment, or allocation within that budget or (b) the cost
' See Section 60I (d) of the Social Security Act, as added by section 5001 of the CARES Act.
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is for a substantially different use from any expected use of funds in such a line item, allotment, or
allocation.
The "most recently approved" budget refers to the enacted budget for the relevant fiscal period for the
particular government, without taking into account subsequent supplemental appropriations enacted or
other budgetary adjustments made by that government in response to the COVID-19 public health
emergency. A cost is not considered to have been accounted for in a budget merely because it could be
met using a budgetary stabilization fund, rainy day fund, or similar reserve account.
Costs incurred during the period that begins on March 1, 2020, and ends on December 30, 2020
A cost is "incurred" when the responsible unit of government has expended funds to cover the cost.
Nonexclusive examples of eligible expenditures
Eligible expenditures include, but are not limited to, payment for:
1. Medical expenses such as:
• COVID-19-related expenses of public hospitals, clinics, and similar facilities.
• Expenses of establishing temporary public medical facilities and other measures to increase
COVID-19 treatment capacity, including related construction costs.
• Costs of providing COVID-19 testing, including serological testing.
• Emergency medical response expenses, including emergency medical transportation, related
to COVID-19.
• Expenses for establishing and operating public telemedicine capabilities for COVID-19-
related treatment.
2. Public health expenses such as:
• Expenses for communication and enforcement by State, territorial, local, and Tribal
governments of public health orders related to COVID-19.
• Expenses for acquisition and distribution of medical and protective supplies, including
sanitizing products and personal protective equipment, for medical personnel, police officers,
social workers, child protection services, and child welfare officers, direct service providers
for older adults and individuals with disabilities in community settings, and other public
health or safety workers in connection with the COVID-19 public health emergency.
• Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response
to the COVID-19 public health emergency.
• Expenses for technical assistance to local authorities or other entities on mitigation of
COVID- I 9-related threats to public health and safety.
• Expenses for public safety measures undertaken in response to COVID-19.
• Expenses for quarantining individuals.
3. Payroll expenses for public safety, public health, healthcare, human services, and similar
employees whose services are substantially dedicated to mitigating or responding to the COVID-
19 public health emergency.
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4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, such
as:
• Expenses for food delivery to residents, including, for example, senior citizens and other
vulnerable populations, to enable compliance with COVID-19 public health precautions.
• Expenses to facilitate distance learning, including technological improvements, in connection
with school closings to enable compliance with COVID-19 precautions.
• Expenses to improve telework capabilities for public employees to enable compliance with
COVID-19 public health precautions.
• Expenses of providing paid sick and paid family and medical leave to public employees to
enable compliance with COVID-19 public health precautions.
• COVID- I 9-rel ated expenses of maintaining state prisons and county jails, including as relates
to sanitation and improvement of social distancing measures, to enable compliance with
COVID-19 public health precautions.
• Expenses for care for homeless populations provided to mitigate COVID-19 effects and
enable compliance with COVID-19 public health precautions.
5. Expenses associated with the provision of economic support in connection with the COVID-19
public health emergency, such as:
• Expenditures related to the provision of grants to small businesses to reimburse the costs of
business interruption caused by required closures.
• Expenditures related to a State, territorial, local, or Tribal government payroll support
program.
• Unemployment insurance costs related to the COVID-19 public health emergency if such
costs will not be reimbursed by the federal government pursuant to the CARES Act or
otherwise.
6. Any other COVID-19-related expenses reasonably necessary to the function of government that
satisfy the Fund's eligibility criteria.
Nonexclusive examples of ineligible expenditures
The following is a list of examples of costs that would not be eligible expenditures of payments from the
Fund.
1. Expenses for the State share of Medicaid.3
2. Damages covered by insurance.
3. Payroll or benefits expenses for employees whose work duties are not substantially dedicated to
mitigating or responding to the COVID-19 public health emergency.
' In addition, pursuant to section 5001(b) of the CARES Act, payments from the Fund may not be expended for an
elective abortion or on research in which a human embryo is destroyed, discarded, or knowingly subjected to risk of
injury or death. The prohibition on payment for abortions does not apply to an abortion if the pregnancy is the result
of an act of rape or incest; or in the case where a woman suffers from a physical disorder, physical injury, or
physical illness, including a life -endangering physical condition caused by or arising from the pregnancy itself, that
would, as certified by a physician, place the woman in danger of death unless an abortion is performed.
Furthermore, no government which receives payments from the Fund may discriminate against a health care entity
on the basis that the entity does not provide, pay for, provide coverage of, or refer for abortions.
'See 42 C.F.R. § 433.51 and 45 C.F.R. § 75.306.
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4. Expenses that have been or will be reimbursed under any federal program, such as the
reimbursement by the federal government pursuant to the CARES Act of contributions by States
to State unemployment funds.
5. Reimbursement to donors for donated items or services.
6. Workforce bonuses other than hazard pay or overtime.
7. Severance pay.
S. Legal settlements.
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Coronavirus Relief Fund
Frequently Asked Questions
Updated as of June 24, 2020
The following answers to frequently asked questions supplement Treasury's Coronavirus Relief Fund
("Fund") Guidance for State, Territorial, Local, and Tribal Governments, dated April 22, 2020,
("Guidance").' Amounts paid from the Fund are subject to the restrictions outlined in the Guidance and
set forth in section 601(d) of the Social Security Act, as added by section 5001 of the Coronavirus Aid,
Relief, and Economic Security Act ("CARES Act").
Eligible Expenditures
Are governments required to submit proposed expenditures to Treasury for approval?
No. Governments are responsible for making determinations as to what expenditures are necessary due to
the public health emergency with respect to COVID-19 and do not need to submit any proposed
expenditures to Treasury.
The Guidance says that funding can be used to meet payroll expenses far public safety, public health,
health care, human services, and similar employees whose services are substantially dedicated to
mitigating or responding to the COVID-19 public health emergency. How does a government
determine whether payroll expenses for a given employee satisfy the "substantially dedicated"
condition?
The Fund is designed to provide ready funding to address unforeseen financial needs and risks created by
the COVID-19 public health emergency. For this reason, and as a matter of administrative convenience
in light of the emergency nature of this program, a State, territorial, local, or Tribal government may
presume that payroll costs for public health and public safety employees are payments for services
substantially dedicated to mitigating or responding to the COVID-19 public health emergency, unless the
chief executive (or equivalent) of the relevant government determines that specific circumstances indicate
otherwise.
The Guidance says that a cost was not accounted for in the most recently approved budget if the cost is
for a substantially different use from any expected use offends in such a line item, allotment, or
allocation. What would qualify as a "substantially different use"for purposes of the Fund eligibility?
Costs incurred for a "substantially different use" include, but are not necessarily limited to, costs of
personnel and services that were budgeted for in the most recently approved budget but which, due
entirely to the COV1D-19 public health emergency, have been diverted to substantially different
functions. This would include, for example, the costs of redeploying corrections facility staff to enable
compliance with COWD-19 public health precautions through work such as enhanced sanitation or
enforcing social distancing measures; the costs of redeploying police to support management and
enforcement of stay-at-home orders; or the costs of diverting educational support staff or faculty to
develop online learning capabilities, such as through providing information technology support that is not
part of the staff or faculty's ordinary responsibilities.
Note that a public function does not become a "substantially different use" merely because it is provided
from a different location or through a different manner. For example, although developing online
instruction capabilities may be a substantially different use of funds, online instruction itself is not a
substantially different use of public funds than classroom instruction.
The Guidance is available at hugs:/ihome.tregsu . oov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-
5tate-Terri torial-Local-and-Tribal-Governments. ndf.
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May a State receiving a payment transfer funds to a local government?
Yes, provided that the transfer qualifies as a necessary expenditure incurred due to the public health
emergency and meets the other criteria of section 601(d) of the Social Security Act. Such funds would be
subject to recoupment by the Treasury Department if they have not been used in a manner consistent with
section 601(d) of the Social Security Act.
Maya unit of local government receiving a Fund payment transfer fiunds to another unit of
government?
Yes. For example, a county may transfer funds to a city, town, or school district within the county and a
county or city may transfer funds to its State, provided that the transfer qualifies as a necessary
expenditure incurred due to the public health emergency and meets the other criteria of section 601(d) of
the Social Security Act outlined in the Guidance. For example, a transfer from a county to a constituent
city would not be permissible if the funds were intended to be used simply to fill shortfalls in government
revenue to cover expenditures that would not otherwise qualify as an eligible expenditure.
Is a Fund payment recipient required to transfer funds to a smaller, constituent unit of government
within its borders?
No. For example, a county recipient is not required to transfer funds to smaller cities within the county's
borders.
Are recipients required to use other federal funds or seek reimbursement under other federal programs
before using Fund payments to satisfy eligible expenses?
No. Recipients may use Fund payments for any expenses eligible under section 601(d) of the Social
Security Act outlined in the Guidance. Fund payments are not required to be used as the source of
funding of last resort. However, as noted below, recipients may not use payments from the Fund to cover
expenditures for which they will receive reimbursement.
Are there prohibitions on combining a transaction supported with Fund payments with other CARES
Act funding or COVID-19 relief Federal funding?
Recipients will need to consider the applicable restrictions and limitations of such other sources of
funding. In addition, expenses that have been or will be reimbursed under any federal program, such as
the reimbursement by the federal government pursuant to the CARES Act of contributions by States to
State unemployment funds, are not eligible uses of Fund payments.
Are States permitted to use Fund payments to support state unemployment insurance funds generally?
To the extent that the costs incurred by a state unemployment insurance fund are incurred due to the
COVID-19 public health emergency, a State may use Fund payments to make payments to its respective
state unemployment insurance fund, separate and apart from such State's obligation to the unemployment
insurance fund as an employer. This will permit States to use Fund payments to prevent expenses related
to the public health emergency from causing their state unemployment insurance funds to become
insolvent.
2
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Are recipients permitted to use Fund payments to pay for unemployment insurance costs incurred by
the recipient as an employer?
Yes, Fund payments may be used for unemployment insurance costs incurred by the recipient as an
employer (for example, as a reimbursing employer) related to the COVID-19 public health emergency if
such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise.
The Guidance states that the Fund may support a "broad range of uses" including payroll expenses. for
several classes of employees whose services are "substantially dedicated to mitigating or responding to
the COVID-19 public health emergency." What are some examples of types of covered employees?
The Guidance provides examples of broad classes of employees whose payroll expenses would be eligible
expenses under the Fund. These classes of employees include public safety, public health, health care,
human services, and similar employees whose services are substantially dedicated to mitigating or
responding to the COVID-19 public health emergency. Payroll and benefit costs associated with public
employees who could have been furloughed or otherwise laid off but who were instead repurposed to
perform previously unbudgeted functions substantially dedicated to mitigating or responding to the
COVID-19 public health emergency are also covered. Other eligible expenditures include payroll and
benefit costs of educational support staff or faculty responsible for developing online learning capabilities
necessary to continue educational instruction in response to COVID-19-related school closures. Please
see the Guidance for a discussion of what is meant by an expense that was not accounted for in the budget
most recently approved as of March 27, 2020.
,In some cases, first responders and critical health care workers that contract COVID-19 are eligible
for workers' compensation coverage. Is the cost of this expanded workers compensation coverage
eligible?
Increased workers compensation cost to the government due to the COVID-19 public health emergency
incurred during the period beginning March 1, 2020, and ending December 30, 2020, is an eligible
expense.
If a recipient would have decommissioned equipment or not renewed a lease on particular office space
or equipment but decides to continue to use the equipment or to renew the lease in order to respond to
the public health emergency, are the costs associated with continuing to operate the equipment or the
ongoing lease payments eligible expenses?
Yes. To the extent the expenses were previously unbudgeted and are otherwise consistent with section
601(d) of the Social Security Act outlined in the Guidance, such expenses would be eligible.
May recipients provide stipends to employees for eligible expenses (for example, a stipend to employees
to improve telework capabilities) rather than require employees to incur the eligible cost and submit far
reimbursement?
Expenditures paid for with payments from the Fund must be limited to those that are necessary due to the
public health emergency. As such, unless the government were to determine that providing assistance in
the form of a stipend is an administrative necessity, the government should provide such assistance on a
reimbursement basis to ensure as much as possible that funds are used to cover only eligible expenses.
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May Fund payments be used for C011ID-19 public health emergency recovery planning?
Yes. Expenses associated with conducting a recovery planning project or operating a recovery
coordination office would be eligible, if the expenses otherwise meet the criteria set forth in section
601(d) of the Social Security Act outlined in the Guidance.
Are expenses associated with contact tracing eligible?
Yes, expenses associated with contract tracing are eligible.
To what extent may a government use Fund payments to support the operations of private hospitals?
Governments may use Fund payments to support public or private hospitals to the extent that the costs are
necessary expenditures incurred due to the COVID-19 public health emergency, but the form such
assistance would take may differ. In particular, financial assistance to private hospitals could take the
fonn of a grant or a short-term loan.
May payments from the Fund be used to assist individuals with enrolling in a government benefit
program for those who have been laid off due to COVID-19 and thereby lost health insurance?
Yes. To the extent that the relevant government official determines that these expenses are necessary and
they mect the other requirements set forth in section 601(d) of the Social Security Act outlined in the
Guidance, these expenses are eligible.
May recipients use Fund payments to facilitate livestock depopulation incurred by producers due to
supply chain disruptions?
Yes, to the extent these efforts are deemed necessary for public health reasons or as a form of economic
support as a result of the COVID-19 health emergency.
Would providing a consumer grant program to prevent eviction and assist in preventing homelessness
be considered an eligible expense?
Yes, assuming that the recipient considers the grants to be a necessary expense incurred due to the
COVID-19 public health emergency and the grants meet the other requirements for the use of Fund
payments under section 601(d) of the Social Security Act outlined in the Guidance. As a general matter,
providing assistance to recipients to enable therm to meet property tax requirements would not be an
eligible use of fiends, but exceptions may be made in the case of assistance designed to prevent
foreclosures.
May recipients create a "payroll support program"for public employees?
Use of payments from the Fund to cover payroll or benefits expenses of public employees are limited to
those employees whose work duties are substantially dedicated to mitigating or responding to the
COVID-19 public health emergency.
May recipients use Fund payments to cover employment and training programs for employees that
have been furloughed due to the public health emergency?
Yes, this would be an eligible expense if the government determined that the costs of such employment
and training programs would be necessary due to the public health emergency.
4
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May recipients use Fund payments to provide emergency financial assistance to individuals and
families directly impacted by a loss of income due to the COM-19 public health emergency?
Yes, if a government determines such assistance to be a necessary expenditure. Such assistance could
include, for example, a program to assist individuals with payment of overdue rent or mortgage payments
to avoid eviction or foreclosure or unforeseen financial costs for funerals and other emergency individual
needs. Such assistance should be structured in a manner to ensure as much as possible, within the realm
of what is administratively feasible, that such assistance is necessary.
The Guidance provides that eligible expenditures may include expenditures related to the provision of
grants to small businesses to reimburse the costs of business interruption caused by required closures.
What is meant by a "small business," and is the Guidance intended to refer only to expenditures to
cover administrative expenses of such a grant program?
Governments have discretion to determine what payments are necessary. A program that is aimed at
assisting small businesses with the costs of business interruption caused by required closures should be
tailored to assist those businesses in need of such assistance. The amount of a grant to a small business to
reimburse the costs of business interruption caused by required closures would also be an eligible
expenditure under section 601(d) of the Social Security Act, as outlined in the Guidance.
The Guidance provides that expenses associated with the provision of economic support in connection
with the public health emergency, such as expenditures related to the provision ofgrants to small
businesses to reimburse the costs of business interruption caused by required closures, would
constitute eligible expenditures of Fund payments. Would such expenditures be eligible in the absence
of a stay-at-home order?
Fund payments may be used for economic support in the absence of a stay-at-home order if such
expenditures are determined by the government to be necessary. This may include, for example, a grant
program to benefit small businesses that close voluntarily to promote social distancing measures or that
are affected by decreased customer demand as a result of the COV1-19 public health emergency.
May Fund payments be used to assist impacted property owners with the payment of their property
taxes?
Fund payments may not be used for government revenue replacement, including the provision of
assistance to meet tax obligations.
May Fund payments be used to replace foregone utility fees? If not, can Fund payments be used as a
direct subsidy payment to all utility account holders?
Fund payments may not be used for government revenue replacement, including the replacement of
unpaid utility fees. Fund payments may be used for subsidy payments to electricity account holders to the
extent that the subsidy payments are deemed by the recipient to be necessary expenditures incurred due to
the COVID-19 public health emergency and meet the other criteria of section 601(d) of the Social
Security Act outlined in the Guidance. For example, if determined to be a necessary expenditure, a
government could provide grants to individuals facing economic hardship to allow them to pay their
utility fees and thereby continue to receive essential services.
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Could Fund payments be used for capital improvement projects that broadly provide potential
economic development in a community?
In general, no. If capital improvement projects are not necessary expenditures incurred due to the
COVID-19 public health emergency, then Fund payments may not be used for such projects.
However, Fund payments may be used for the expenses of, for example, establishing temporary public
medical facilities and other measures to increase COVID-19 treatment capacity or improve mitigation
measures, including related construction costs.
The Guidance includes workforce bonuses as an example of ineligible expenses but provides that
hazard pay would be eligible if otherwise determined to be a necessary expense. Is there a specific
definition of "hazard pay"?
Hazard pay means additional pay for performing hazardous duty or work involving physical hardship, in
each case that is related to COVID-19.
The Guidance provides that ineligible expenditures include "[pjayroll or benefits expenses for
employees whose work duties are not substantially dedicated to mitigating or responding to the
COVID-19 public health emergency." Is this intended to relate only to public employees?
Yes. This particular nonexclusive example of an ineligible expenditure relates to public employees. A
recipient would not be penuitted to pay for payroll or benefit expenses of private employees and any
financial assistance (such as grants or short-term loans) to private employers are not subject to the
restriction that the private employers' employees must be substantially dedicated to mitigating or
responding to the COVID-19 public health emergency.
May counties pre pay with CARES Act funds for expenses such as a one or two year facility lease,
such as to house staff hired in response to COVID-19?
A government should not make prepayments on contracts using payments from the Fund to the extent that
doing so would not be consistent with its ordinary course policies and procedures.
Must a stay-at-home order or other public health mandate be in effect in order for a government to
provide assistance to small businesses using payments from the Fund?
No, The Guidance provides, as an example of an eligible use of payments from the Fund, expenditures
related to the provision of grants to small businesses to reimburse the costs of business interruption
caused by required closures. Such assistance may be provided using amounts received from the Fund in
the absence of a requirement to close businesses if the relevant government determines that such
expenditures are necessary in response to the public health emergency.
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Should States receiving a payment transfer funds to local governments that did not receive payments
directly from Treasury?
Yes, provided that the transferred funds are used by the local government for eligible expenditures under
the statute. To facilitate prompt distribution of Title V funds, the CARES Act authorized Treasury to
make direct payments to local governments with populations in excess of 500,000, in amounts equal to
45% of the local government's per capita share of the statewide allocation. This statutory structure was
based on a recognition that it is more administratively feasible to rely on States, rather than the federal
government, to manage the transfer of funds to smaller Iocal governments. Consistent with the needs of
all local governments for funding to address the public health emergency, States should transfer funds to
local governments with populations of 500,000 or less, using as a benchmark the per capita allocation
formula that governs payments to larger local governments. This approach will ensure equitable
treatment among local governments of all sizes.
For example, a State received the minimum $1.25 billion allocation and had one county with a population
over 500,000 that received $250 million directly. The State should distribute 45 percent of the $1 billion
it received, or $450 million, to local governments within the State with a population of 500,000 or less.
May a State impose restrictions on transfers of funds to local governments?
Yes, to the extent that the restrictions facilitate the State's compliance with the requirements set forth in
section 601(d) of the Social Security Act outlined in the Guidance and other applicable requirements such
as the Single Audit Act, discussed below. Other restrictions are not permissible.
If a recipient must issue tax anticipation notes (TANS) to make up for tax due date deferrals or revenue
shortfalls, are the expenses associated with the issuance eligible uses of Fund payments?
If a government determines that the issuance of TANS is necessary due to the COVID-19 public health
emergency, the government may expend payments from the Fund on the interest expense payable on
TANS by the borrower and unbudgeted administrative and transactional costs, such as necessary
payments to advisors and underwriters, associated with the issuance of the TANS.
May recipients use Fund payments to expand rural broadband capacity to assist with distance learning
and telework?
Such expenditures would only be permissible if they are necessary for the public health emergency. The
cost of projects that would not be expected to increase capacity to a significant extent until the need for
distance learning and telework have passed due to this public health emergency would not be necessary
due to the public health emergency and thus would not be eligible uses of Fund payments.
Are costs associated with increased solid waste capacity an eligible use of payments from the Fund?
Yes, costs to address increase in solid waste as a result of the public health emergency, such as relates to
the disposal of used personal protective equipment, would be an eligible expenditure.
May payments from the Fund be used to cover across-the-board hazard pay for employees working
during a state of emergency?
No. The Guidance says that funding may be used to meet payroll expenses for public safety, public
health, health care, human services, and similar employees whose services are substantially dedicated to
mitigating or responding to the COWD-19 public health emergency. Hazard pay is a form of payroll
expense and is subject to this limitation, so Fund payments may only be used to cover hazard pay for such
individuals.
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May Fund payments be used for expenditures related to the administration of Fund payments by a
State, territorial, local, or Tribal government?
Yes, if the administrative expenses represent an increase over previously budgeted amounts and are
limited to what is necessary. For example, a State may expend Fund payments on necessary
administrative expenses incurred with respect to a new grant program established to disburse amounts
received from the Fund.
May recipients use Fund payments to provide loans?
Yes, if the loans otherwise qualify as eligible expenditures under section 601(d) of the Social Security Act
as implemented by the Guidance. Any amounts repaid by the borrower before December 30, 2020, must
be either returned to Treasury upon receipt by the unit of government providing the loan or used for
another expense that qualifies as an eligible expenditure under section 601(d) of the Social Security Act.
Any amounts not repaid by the borrower until after December 30, 2020, must be returned to Treasury
upon receipt by the unit of government lending the funds.
May Fund payments be used for expenditures necessary to prepare far a future COVID-19 outbreak?
Fund payments may be used only for expenditures necessary to address the current COVID- l9 public
health emergency. For example, a State may spend Fund payments to create a reserve of personal
protective equipment or develop increased intensive care unit capacity to support regions in its
jurisdiction not yet affected, but likely to be impacted by the current COVID-19 pandemic.
May funds he used to satisfy non-federal matching requirements under the Stafford Act?
Yes, payments from the Fund may be used to meet the non-federal matching requirements for Stafford
Act assistance to the extent such matching requirements entail COVID-19-related costs that otherwise
satisfy the Fund's eligibility criteria and the Stafford Act. Regardless of the use of Fund payments for
such purposes, FEMA funding is still dependent on FEMA's determination of eligibility under the
Stafford Act.
Must a State, local, or tribal government require applications to be submitted by businesses or
individuals before providing assistance using payments from the Fund?
Governments have discretion to determine how to tailor assistance programs they establish in response to
the COVID-19 public health emergency. However, such a program should be structured in such a manner
as will ensure that such assistance is determined to be necessary in response to the COVID-19 public
health emergency and otherwise satisfies the requirements of the CARES Act and other applicable law.
For example, a per capita payment to residents of a particular jurisdiction without an assessment of
individual need would not be an appropriate use of payments from the Fund.
May Fund payments be provided to non profits for distribution to individuals in need of financial
assistance, such as rent relief?
Yes, non -profits may be used to distribute assistance. Regardless of how the assistance is structured, the
financial assistance provided would have to be related to COVID-19.
May recipients use Fund payments to remarket the recipient's convention facilities and tourism
industry?
Yes, if the costs of such remarketing satisfy the requirements of the CARES Act. Expenses incurred to
publicize the resumption of activities and steps taken to ensure a safe experience may be needed due to
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the public health emergency. Expenses related to developing a long-term plan to reposition a recipient's
convention and tourism industry and infrastructure would not be incurred due to the public health
emergency and therefore may not be covered using payments from the Fund.
May a State provide assistance to farmers and meatprocessors to expand capacity, such to cover
overtime for USDA meat inspectors?
If a State determines that expanding meat processing capacity, including by paying overtime to USDA
meat inspectors, is a necessary expense incurred due to the public health emergency, such as if increased
capacity is necessary to allow farmers and processors to donate meat to food banks, then such expenses
are eligible expenses, provided that the expenses satisfy the other requirements set forth in section 601(d)
of the Social Security Act outlined in the Guidance.
The guidance provides that funding may be used to meet payroll expenses for public safety, public
health, health care, human services, and similar employees whose services are substantially dedicated
to mitigating or responding to the COVID-19 public health emergency. May Fund payments be used to
cover such an employee's entire payroll cost or just the portion of time spent on mitigating or
responding to the COVID-19 public health emergency?
As a matter of administrative convenience, the entire payroll cost of an employee whose time is
substantially dedicated to mitigating or responding to the COVID-19 public health emergency is eligible,
provided that such payroll costs are incurred by December 30, 2020. An employer may also track time
spent by employees related to COVID-19 and apply Fund payments on that basis but would need to do so
consistently within the relevant agency or department.
Questions Related to Administration of Fund Payments
Do governments have to return unspentfunds to Treasury?
Yes. Section 601(0(2) of the Social Security Act, as added by section 5001(a) of the CARES Act,
provides for recoupment by the Department of the Treasury of amounts received from the Fund that have
not been used in a manner consistent with section 601(d) of the Social Security Act. If a government has
not used funds it has received to cover costs that were incurred by December 30, 2020, as required by the
statute, those funds must be returned to the Department of the Treasury.
What records must be kept by governments receiving payment?
A government should keep records sufficient to demonstrate that the amount of Fund payments to the
govermnent has been used in accordance with section 60l (d) of the Social Security Act.
May recipients deposit Fund payments into interest bearing accounts?
Yes, provided that if recipients separately invest amounts received from the Fund, they must use the
interest earned or other proceeds of these investments only to cover expenditures incurred in accordance
with section 601(d) of the Social Security Act and the Guidance on eligible expenses. If a government
deposits Fund payments in a government's general account, it may use those funds to meet immediate
cash management needs provided that the full amount of the payment is used to cover necessary
expenditures. Fund payments are not subject to the Cash Management Improvement Act of 1990, as
amended.
May governments retain assets purchased with payments from the Fund?
0
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Yes, if the purchase of the asset was consistent with the limitations on the eligible use of funds provided
by section 601(d) of the Social Security Act.
What rules apply to the proceeds of disposition or sale of assets acquired using payments from the
Fund?
If such assets are disposed of prior to December 30, 2020, the proceeds would be subject to the
restrictions on the eligible use of payments from the Fund provided by section 60I (d) of the Social
Security Act.
Are Fund payments to State, territorial, local, and tribal governments considered grants?
No. Fund payments made by Treasury to State, territorial, local, and Tribal governments are not
considered to be grants but are "other financial assistance" under 2 C.F.R. § 200.40,
Are Fund payments considered federal financial assistance for purposes of the Single AuditAct?
Yes, Fund payments are considered to be federal financial assistance subject to the Single Audit Act (31
U.S.C. §§ 7501-7507) and the related provisions of the Uniform Guidance, 2 C.F.R. § 200.303 regarding
internal controls, §§ 200.330 through 200.332 regarding subrecipient monitoring and management, and
subpart F regarding audit requirements.
Are Fund payments subject to other requirements of the Uniform Guidance?
Fund payments are subject to the following requirements in the Uniform Guidance (2 C.F.R. Part 200): 2
C.F.R. § 200.303 regarding internal controls, 2 C.F.R. §§ 200.330 through 200.332 regarding subrecipient
monitoring and management, and subpart F regarding audit requirements.
Is there a Catalog of Federal Domestic Assistance (CFDA) number assigned to the Fund?
Yes. The CFDA number assigned to the Fund is 21.019,
If a State transfers Fund payments to its political subdivisions, would the transferred funds count
toward the subrecipients' total funding received from the federal government for purposes of the
Single AuditAct?
Yes. The Fund payments to subrecipients would count toward the threshold of the Single Audit Act and 2
C.F.R. part 200, subpart F re: audit requirements. Subrecipients are subject to a single audit or program -
specific audit pursuant to 2 C.F.R. § 200501(a) when the subrecipients spend $750,000 or more in federal
awards during their fiscal year.
Are recipients permitted to use payments from the Fund to cover the expenses of an audit conducted
under the Single Audit Act?
Yes, such expenses would be eligible expenditures, subject to the limitations set forth in 2 C.F.R. §
200.425,
If a government has transferred funds to another entity, from which entity would the Treasury
Department seek to recoup the funds if they have not been used in a manner consistent with section
60I (d) of the Social Security Act?
The Treasury Department would seek to recoup the funds from the government that received the payment
directly from the Treasury Department. State, territorial, local, and Tribal govermments receiving funds
from Treasury should ensure that funds transferred to other entities, whether pursuant to a grant program
L
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or otherwise, are used in accordance with section 601(d) of the Social Security Act as implemented in the
Guidance.
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t�vER c
Office of the
INDIAN RIVER COUNTY
�oR,v�. * ADMINISTRATOR
Jason E. Brown, County Administrator
Michael C. Zito, Assistant County Administrator
TO:
FROM:
DATE:
SUBJECT:
BACKGROUND:
MEMORANDUM
Members of the Board
of County Commissioners
Jason E. Brown
County Administrator
July 9, 2020
CARES Act Proposed Spending Plan and Funding Agreement
In response to the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Securities
Act (CARES Act) established the $150 billion Coronavirus Relief Fund. These funds are
intended to assist governments with navigating the impact of the COVID-19 outbreak. The
United States Department of the Treasury made direct payments to States and Counties with
populations in excess of 500,000. The State of Florida has planned to disburse $1,275,285,790
to Counties with populations less than 500,000 who did not receive a direct allocation.
Indian River County has been awarded an initial allocation of $6,976,333 through the State of
Florida, Division of Emergency Management (FDEM). These funds will be paid in one lump
sum payment, and will be audited to ensure compliance with program eligibility. All funds must
be expended by December 30t', 2020. Additionally, eligible expenditures must not have been
included in the approved budget as of March 27, 2020. Examples of eligible expenses include,
but are not limited to, payroll expenses for public safety employees, actions to facilitate public
health measures, expenses associated with the provision of economic support in connection with
the COVID-19 public health emergency, and any other expenses reasonably necessary to the
function of government that satisfy the fund's eligible criteria. It is important to note that any
expenses that are not in compliance with the CARES Act regulations will ultimately be the
responsibility of the County. Unfortunately, the current CARES Act guidance does not provide
clear direction on certain eligible expenses and Ieaves many issues open to interpretation.
FDEM is currently working to issue further guidance on topics such as what documentation will
be requested during the cost validation phase, etc. Indian River County's initial allocation of
$6,976,333 is 25% of the total award amount of $27,905,332. At this time, FDEM has issued no
guidance as to how the remaining 75%, or $20,928,999 will be reimbursed, or when grant
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agreements will be in place that award Counties their remaining allocation. We have received
information that FDEM will first review and validate the expenditure of the first 25%
disbursement prior to moving forward with allotting the remaining 75%, though this information
has not been provided directly by the State. Staff s current proposed plan details how the initial
$7M allocation will be spent, and does not directly address the remaining $21M. Staff feels that
until further guidance is released, and a grant agreement is received, that expending these funds
is not in the best financial interest of the County.
On July 7, 2020, staff presented a preliminary funding plan to the Board of County
Commissioners. At that meeting, the Board provided input regarding the plan and subsequently
approved a motion to approve the grant agreement and approve the spending plan while making
sure that the municipalities provide their spending plans and meet the limited deadline for
allocation of these dollars.
ANALYSIS:
The table below details Staff s proposed spending plan for the initial $6,976,333 allocation.
Type of Expense
Municipalities
COVID-19 Response:
Constitutional Officers
BCC Expenses
Health Department
Other Healthcare Providers
State Agencies
Community Assistance:
Economic Development
Community Support
Total
Municipalities
Preliminary
Preliminary
Funding
Funding
Percentage
Amount
27.1%
$1,900,000
12.9% $900,000
20.0% $1,400,000
7.1 % $500,000
2.9% $200,000
1.4% $100,000
7.1%
$500,000
21.5%
$1,500,000
100%
$7,0001)000
The Board approved an initial allocation to municipalities as detailed in the table below
(approximately 27%, or $1,900,000) based upon the formula used by the State to allocate sales
tax revenues. The County will need to enter into grant agreements with each municipality, and
approve spending plans before any agreements are finalized. The Board has directed staff to
ensure that the municipalities provide and implement their spending plans on an expedited basis
due to short window for use of the CARES Act dollars. Staff is requesting these spending plans,
and after review and approval, they will be incorporated into the subrecipient agreements prior to
execution by the County. This will help to ensure the County will not be ultimately responsible
for any spending outside of what is deemed eligible. Payments to the municipalities will be
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made on a reimbursement basis to feu ther ensure compliance. As with all information provided
for this agenda item, the amounts below represent the allocation for the initial 25% disbursement.
The remaining 75% disbursement, when received will be distributed on the same percentage
basis, unless different guidance is received from the State.
Municipality
Fellsmere
Indian River Shores
Orchid
Sebastian
Vero Beach
Total - Municipalities
Constitutional Officers
Proposed
Proposed
Percentage
Allocation (25%
Allocation
Distribution)
2.9968%
$209,067
2.2636%
$157,916
0.2275%
$15,871
13.2494%
$924,322
8.7544%
$610,736
27.4917%
$1,917,912
Staff has coordinated with each Constitutional Officer to compile an estimated 13% or $900,000
for COVID-19 related expenses through September 30a', 2020. This category will not require
the execution of subrecipient agreements, as the Constitutional Officers are part of the County's
financial operations. Any necessary allocations to Constitutional Officers will be made via
budget amendments as necessary.
BCC Departments
Board of County Commissioner (BCC) expenses through September 30' are expected to total
approximately $1,400,000 or 20% of the initial allocation. These costs include payroll expenses,
IT purchases necessary to facilitate remote working capabilities, PPE, disinfectant of County
facilities, and COVID-19 related educational campaigns. Additional allocations will be provided
via budget amendment as necessary for these expenses.
Health Department
The Health Department has incurred significant costs related to COVID-19, and is in need of
additional positions and resources to combat local outbreaks. Although the Health Department
may receive CARES Act funding directly from other agencies, there is significant uncertainty on
when these fiends will be received as well as whether the funds will be sufficient to adequately
position the Health Department to respond to the current pandemic as necessary. Testers, Contact
Tracers, Health Educators, IT/Purchasing support, and Information Clerks are being proposed as
part of the $500,000 or 7.1% of the initial allocation to be granted to the Health Department.
Additional expenses include supplies necessary to carry out contact tracing such as computer
hardware, as well as an allocation of some existing staff members reassigned to COVID-19
related activities. Additional funding needs are anticipated for the period following September
30'h.
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Other Healthcare Providers
Funding may be necessary for similar healthcare expenses associated with COVID-19 such as
COVID-19 testing, serological testing, PPE, etc. provided by other local healthcare
organizations. An allocation of $200,000, or 2.9% has been provided for this purpose. County
staff has coordinated with Cleveland Clinic to provide additional rapid testing for first
responders and essential infrastructure workers with an initial allocation of $100,000 for this
purpose. An additional $100,000 remains available for community testing as needed. Staff is
continuing to coordinate with other agencies to determine the scope of the needs as well as the
best manner in which to provide additional testing resources.
State Agencies
Staff anticipates some level of expenses have, or will be incurred by State Agencies (e.g. Court
System) currently funded by the County and is proposing $100,000, or 1.4% be set aside to cover
those costs. Any such allocations would be accomplished via budget amendment for State
Agencies,
Community Assistance
As outlined in the County's funding agreement with FDEM, expenses associated with the
provision of economic support in connection with the COVID-19 public health emergency are
deemed eligible. The Board approved an allocation of $2,000,000 or approximately 28.6% of
the initial allocation towards programs benefiting the local community and small businesses.
Economic Development
The Board approved an allocation of $500,000 out of the total $2 million from the Community
Assistance Category to Economic Development. Staff proposes to allocate these funds as
detailed below.
• Small Business COVID-19 Recovery Grant — Program administered by the Small
Business Development Center (SBDC) at IRSC with oversight by County staff to
provide one-time grants of up to $5,000 to qualifying small businesses (no more than 25
full time equivalent positions) that serve the hospitality industry, tourism and travel.
Businesses must be locally or independently owned, occupy conirriercial space in Indian
River County, along with other minimum requirements. The SBDC proposes to
administer this program for the County at no cost. Under this arrangement, the County
would provide payments directly to businesses once they have been vetted by SBDC.
Therefore, a subrecipient agreement will not be needed here, but rather an agreement
covering the administrative services to be provided by SBDC. Allocation - $250,000
• COVID-19 Workforce Development Program Funding provided to Career Source
Research Coast for three programs shown below in the total amount of $250,000
o On the Job Training Program ($150,000) — provided to eligible businesses to
hire and train displaced and/or dislocated workers resulting from COVID-19.
Grant amounts of up to $5,000 (3-10 current full time employees), $7,500 (11-25
employees) and $10,000 (26-50 employees)
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o Layoff Aversion/Rapid Response Program ($50,000) — grants provided to
employers to retain employees by preventing or minimizing potential layoffs and
business closures due to COVID-19. Grant amounts of up to $5,000 for
businesses that retain 3-10 full time employees, $7,500 to retain 11-25
employees, and $10,000 to retain 26-50 employees
o Layoff Aversion/Incumbent Worker Training Program ($50,000) — Grants
provided to retrain or upskill their workforce to avert layoffs and increase both
affected workers' and businesses' competitiveness. Amounts up to $5,000 that
retain and retrain 3-10 full time employees, $7,500 for 11-25 employees and
$10,000 for 26-50 employees.
Community Support
The Board has approved an allocation of $1.5 million for general community support to help
residents negatively impacted economically by COVID-19. Staff proposes to allocate these
dollars as detailed below:
• United Wav (UWIRC) Funding Allocation - $975,000 total to be utilized primarily
for:
o Expenses to provide mental health service support for residents impacted by
COVID-19, particularly telemedicine, cost of mental health visits, cost of
behavioral health prescriptions, etc.
o Expansion of broadband to assist with distance learning particularly in rural areas
(e.g. Fellsmere) and technology needs for families and nonprofits for distance
learning and teleworking.
o Other needs as identified by the unmet needs committee, with approval of the
County not to exceed 25% of total. Areas that have received funding from the
LTWIRC's COVID-19 Community Response Fund include; rental assistance,
utility assistance, special supports for children, special supports for veterans, child
care scholarships for those returning to work.
• Food Support — Allocation of $400,000 to the Treasure Coast Food Bank to serve as
the coordinating agency for food support to residents impacted by COVID-19. The
Treasure Coast Food Bank will serve as the primary food bank for this program while
providing resources and assistance to food pantries, food for the homeless, and other food
insecure populations.
• Senior Resource Association — Allocation of $125,000 to provide support for food
delivery service to residents, including senior citizens and other vulnerable populations
through existing programs such as meals on wheels and the grocery shopping assistance
program implemented for COVID-19.
Summary
The above -mentioned spending plan may need adjustments based upon actual expenses,
experience and uptake of programs proposed above. Any allocation changes will be presented to
the Board of County Commissioners at a future meeting.
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The allocation plan above applies to the initial 25% disbursement of CARES Act funds from the
State of Florida. Staff plans to update the Board on the second phase of COVID-19 related
expenditures upon receipt of any further information regarding the remaining 75% allocation of
$20,928,999. At that time, additional programs or costs may be considered for funding, as
appropriate.
Funding
Agency Program Amount
Small Business Development Small Business COVID-19 Recovery Grant $250,000
Center at IRSC*
On the Job Training Program $150,000
Career Source Research Layoff Aversion Rapid Response Program $50 000
Coast** Layoff Aversion/Incumbent Worker Training $50,000
Program
Mental Health, Broadband and technology
United Way of IRC needs to support distance learning, other $975,000
COVID-19 unmet needs (NTE 25%)
Food support programs including food banks,
Treasure Coast Food Bank food pantries, food for the homeless and other $400,000
insecure populations
Senior Resource Association Meals on Wheels, and grocery shopping $125,000
assistance for seniors and vulnerable population
*A subrecipient agreement will not be needed here, but rather an agreement that covers the
administrative services to be provided by SBDC for this program.
**Staff recommends that flexibility be allowed to reallocate funding between the individual programs
provided by Career Source to adjust to demand for various programs as needed with staff approval.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve the recommended program
allocations as detailed above. Staff recommends that the Board approve the attached
subrecipient grant agreement in fonn and authorize staff to prepare agreements with the agencies
in the amounts shown in the table above for the initial 25% allocation and authorize the
Chairman to execute such agreements after review by the County Attorney. Staff also
recommends that the Board authorize the County attorney to develop an agreement with the
SBDC to cover the administrative services associated with the Small Business COVID-19
Recovery Grant program and authorize the Chairman to execute the agreement. Staff
further recommends that the Board authorize the Chairman to execute subrecipient
agreements with each of the municipalities in the amounts listed above once the respective
municipality's spending plan has been reviewed and approved by County staff for compliance
with CARES Act guidance.
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owo�
HOME Of Of PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL FORM
COUNCIL MEETING DATE: July 22, 2020
AGENDA ITEM TITLE: Resolution R-20-10 Approving the COVID-19 Recovery &
Stimulus Plan Grant Application Process and Submittal to
Indian River County for Pre -Approval.
RECOMMENDATION: Move to Approve Resolution R-20-10, Submit the Plan to
Indian River County for Pre -Approval and Proceed with
Implementation.
BACKGROUND: City Staff developed the attached grant application process
to administer the Plan addressed in the Resolution. With the amounts expected to be
made available through Indian River County from the Coronavirus Aid, Relief and
Economic Security (CARES) Act federal stimulus package, we see a great opportunity to
assist qualified local businesses to endure the detrimental financial effects of the COVID-
19 Pandemic, as well as help their workers that reside within the City limits.
Note that this is directed only to small independently
owned and operated businesses that have been affected by the shut -down and that
currently maintain a storefront location within the City limits. The business may have no
more than 20 workers. Also note that larger businesses and home -based businesses will
not be eligible, at this time. The Grant amount available for each business will be $5,000.
We feel it also important to take this opportunity to also
assist the workers of the qualified businesses that are awarded the grants who have
involuntarily suffered from a loss of income during the COVID-19 Pandemic. Note that
only workers that live within the City limits are eligible, at this time. The Grant amount
available for each worker will be $500.
Assuming pre -approval by Indian River County, we will
attempt to quickly advertise the grant availability and promptly accept applications and
issue checks on a first -come, first -served basis. Staff believes this will be helpful in
sustaining these small businesses and their workers and serve to promote a speedier
recovery from the COVID Pandemic.
IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS:
Total Cost: Not to exceed Coronavirus Aid, Relief and Economic Security Act funding.
Funds to Be Utilized: Up to $924,320 Reimbursement f m Indian River County.
Administrative Services Department Review: � ,, -�
ATTACHMENTS:
COVID-19 Recovery & Stimulus Plan Grant Application Documents
City Manager Authorization:
I L Digitally signed by Paul E.Carlisle
Date: Rau4u l i s l e Date: 2020.07.16 07:56:20-04'00'
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RESOLUTION NO. R-20-10
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A COVID-19 RECOVERY &
STIMULUS PLAN, PROVIDING FOR A GRANT APPLICATION
PROCESS; PROVIDING THAT THE CITY SHALL BE
REIMBURSED FOR SUCH GRANTS WITH FUNDS FROM THE
CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY
(CARES) ACT FEDERAL STIMULUS PACKAGE SHARED BY
INDIAN RIVER COUNTY; AUTHORIZING THE CITY MANAGER
TO CAUSE SAID PLAN TO BE PUT INTO EFFECT; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS
IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Indian River County plans to share funding allocated by the Coronavirus Aid, Relief
and Economic Security (CARES) Act with the City of Sebastian; and
WHEREAS, Indian River County must pre -approve the spending plans; and
WHEREAS, the City of Sebastian has developed a plan to process formal applications from small
businesses and their workers for grants intended to help qualified small businesses and their
workers by offsetting some of the loss of revenue during the COVID-19 Pandemic; and;
WHEREAS, the City Council concurs that the Plan will help sustain such small business and their
workers and thereby serve to promote a speedier recovery from the COVID-19 Pandemic;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. The COVID-19 Recovery & Stimulus Plan is hereby approved.
Section 2. The City Manager is authorized to submit the Plan to Indian River County
for pre -approval and after any required minor adjustments, advertise the Plan and put it into effect.
Section 3. Sections of this resolution may be renumbered or re -lettered and corrections
of typographical errors which do not affect the intent may be authorized by the City Manager, or
the City Manager's designee, without need of further action of City Council by filing a corrected
copy of same with the City Clerk.
Section 4. CONFLICT. All resolutions or parts of resolutions in conflict herewith are
hereby repealed.
Section 5. EFFECTIVE DATE. This resolution shall take effect July 22, 2020.
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The foregoing Resolution was moved for adoption by Councilmember . The
motion was seconded by Councilmember and, upon being put into a vote, the
vote was as follows:
Mayor Ed Dodd
Vice -Mayor Charles Mauti
Councilmember Jim Hill
Councilmember Damian Gilliams
Councilmember Pamela Parris
The Mayor thereupon declared this Resolution duly passed and adopted on this 22"d day of July
2016.
ATTEST:
Jeanette Williams, City Clerk
CITY OF SEBASTIAN, FLORIDA
Ed Dodd, Mayor
Approved as to form and legality for the
reliance by the City of Sebastian only:
Manny Anon, City Attorney
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ari
SEAT-V
HOME OF PELICAN ISLAND
CITY OF SEBASTIAN, FLORIDA
COVID-19 RECOVERY & STIMULUS PLAN
GRANT APPLICATION
Eligible Small Businesses:
The City of Sebastian has decided to award grants of $5,000.00 to eligible small businesses located within the
City limits to assist in addressing their immediate cash flow needs as a result of demonstrated economic injury
due to the COVID-19 Virus. Each business can only receive one grant. Applications will be reviewed to confirm
eligibility using the parameters listed below:
1. Must be a for -profit, privately -held small independently owned and operated business currently
maintaining a commercial physical storefront location within the City limits of Sebastian.
2. Must not have any current unpaid code enforcement liens and must not be operating in violation of any
state, federal or local laws.
3. Must have been mandated by the government to reduce or eliminate services or have a demonstrated
reduction in sales revenues of 25% or more due to the loss of business income related to COVID-19.
Documentation may consist of (1.) certified Point of Sale or QuickBooks reports, (2.) certified income
statements or (3.) sales tax returns, which demonstrate a comparison of the current month sales
revenues versus the same month the previous year.
4. Must be a small business that as of March 1, 2020 had at least 2 employees or independent contractual
workers but no more than 20 full time and/or part time employees or independent contractual workers
in addition to the owner. Documentation may consist of (1.) the 2019 IRS Form W-3, (2.) the IRS Form
941 or (3.) the summary filed with IRS of 1099s issued to individual independent contractual workers for
that time period.
5. Must submit a copy of the primary applicant(s) current driver's license(s), a copy of the applicant(s)
current passport or other photographic identification.
6. Must submit a copy of a completed and signed IRS Form W-9.
7. Must submit completed COVID-19 Small Business Grant Application no later than September 30, 2020.
8. Must submit COVID-19 Employee Grant Application(s) at the same time as submitting the COVID-19
Small Business Grant Application. Employers are encouraged to inform eligible employees of their
intention to apply and the possibility that employees may also be eligible.
Mail or hand deliver the Application and all supporting documentation to 1225 Main Street to the attention of
the Administrative Services Director or email them to COVID19Grant(@citvofsebastian.orR,. Do not forget to
include any Applications for the COVID-19 Employee Grants, as described on the next page. Eligible and fully
completed applications will be promptly processed and awarded on a first -come, first -served basis. Payments
for those approved will be made via checks mailed to the Applicant's business mailing address or the employee's
mailing address.
Page 1 of 2
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Eligible Employees or Independent Contractual Workers:
The City has also decided that certain employees or independent contractual workers, excluding the owner(s) of
the small businesses determined eligible for the above COVID-19 Small Business Grant may be awarded grants
of $500.00:
1. Must reside within the City limits.
2. Must have worked an average of 20 hours or more per week prior to March 1, 2020
3. Must have been involuntarily terminated, furloughed or had their salary, commissions, tips or
contractual payments from the eligible Small Business Grant Applicant reduced by at least 25% since
March 1, 2019. Must provide a statement signed by the Worker and the Employer certifying the
Employee had at least a 25% loss of income.
4. Must show evidence of being past due on rent, utilities or other essential expenses, as preference will
be given to those demonstrating the severest economic need. (Past -due notices or letters from landlord
or utility company for no less than $500.00).
5. Must submit a copy of the individual's current driver's license, current passport or other photographic
identification.
6. Must submit a copy of a completed and signed IRS Form W-9.
Submit the attached COVID-19 Employee Grant Application to the Employer in advance of the Employer's
submittal of the COVID-19 Small Business Grant Application. All applications must be submitted by the
Employer at the same time.
Conditions:
Grant awards are discretionary in nature and should not be considered an entitlement by the applicant. All grant
criteria contained herein are guidelines for awards. Even should an application meet all grant criteria, a grant
may or may not be awarded at the City's discretion due to funding limitations, competing applications and/or
competing priorities. The number of grants that can be awarded is subject to the expectation that the City will
be reimbursed from funding provided by the Coronavirus Aid, Relief and Economic Security (CARES) Act federal
stimulus package the County is sharing with the City. The grant proceeds are intended to help qualified small
businesses and their workers by offsetting some of the loss of revenue during the COVID-19 Pandemic. Grant
proceeds are unrestricted and have no specific requirement as to how it is used, leaving how the money is best
spent entirely at the discretion of Grantee.
Page 2 of 2
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CRY9
SE��V
HOME OF PELICAN ISLAND
COVID-19 RECOVERY & STIMULUS PLAN FOR SMALL BUSINESSES
GRANT APPLICATION
Legal Name of Small Business: Fictitious Business Name (Doing Business As)
I Business Phone Number: Business Email Address: I
Business Property Address: Business Mailing Address:
Describe Your Business and the Services/Products Offered:
Describe the Economic Loss Suffered: (Either Forced Reduction of Services or Documented 25% Loss of Income).
Number of Workers (Only Include Part Time Employees That Worked Over 20 Hours per Week):
Full Time Employees: Part Time Employees: Independent Contract Workers:
As Of Current As Of Current As Of Current
March 1, 2020: Number: March 1, 2020: Number: March 1, 2020: Number:
By signature of this application, the applicant(s) agree that this application and other relevant documents are
subject to verification by the City and may be shared with internal and external stakeholders and hereby certify
that my Business has been negatively impacted by the COVID-19 Pandemic:
Primary Owner's Name:
(If Primary Owner has less than 51% of Equity, Attach List with Names, Primary Owner's Title
Signatures and Titles of Collective Owners Equaling at least 51%).
Primary Owner's Signature: Date:
Documentation Required With This Application:
I. Unless Business was mandated to reduce or eliminate serves, provide: (1.) Certified Point of Sale or QuickBooks Report(s),
(2.) Certified Income Statements or (3.) Sales Tax Returns, which demonstrate a comparison of the current month sales
revenues versus the same month the previous year.
2. Documentation of Workers with either: (1.) the 2019 IRS Form W-3, (2.) the IRS Form 941 or (3.) the Summary filed with
IRS of 1099s issued to individual independent contractual workers for that time period.
3. A Copy of the Primary Applicants Current Driver's License, Current Passport or Other Photographic Identification.
4. A Completed and Signed IRS Form W-9.
5. All COVID-19 Small Business Worker Grant Application(s).
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CRCf
SE13WAN
HOME OF PELICAN ISLAND
COVID-19 RECOVERY & STIMULUS PLAN FOR SMALL BUSINESSES WORKER
Legal Name of Small Business:
Worker's Email Address:
Worker's Mailing Address:
GRANT APPLICATION
Legal Name of Worker:
Worker's Home Address: (Must Reside in Sebastian).
Worker's Phone Number:
Describe Your Job (Including the Average Hours per Week You Worked Prior to March 1, 2020):
Describe the Economic Loss You Have Suffered: (Must Have Experienced a 25% Loss of Income to Qualify).
By signature of this application, the Above Worker agrees that this application and other relevant documents
are subject to verification by the City and may be shared with internal and external stakeholders. Also by
signing below, the Small Business Owner and Worker hereby certify that the Worker worked for the small
business an average of 20 hours per week or more prior to March 1, 2020 and has lost at least 25% of their
income due to the negative impacts of the COVID-19 Pandemic:
Small Business Owner's Name: Worker's Signature:
Primary Owner's Signature:
Date:
Documentation Required With This Application:
1. A Copy of Worker's Current Driver's License, Current Passport or Other Photographic Identification.
2. Evidence of being past due on rent, utilities or other essential expenses.
3. A Completed and Signed IRS Form W-9.
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CARES Breakdown per OST Allocation
(Same allocation for half cent sales tax)
Indian River County - All Municipalities
Municipality
Fellsrnere
Indian River Shores
Orchid
Sebastian
Vero Beach
Unincorporated County
TOTAL
of
25% Allocation
Total Allocation
Population
per
Municipality
per Municipality
3.00%
$
209,070
$
836,279
2.26%
$
157,919
$
631,675
0.23%
$
15,874
$
63,498
13.25%
$
924,320
$
3,697,280
8.75%
$
610,734
$
2,442,937
72.51%
$
5,058,416
$
20,233,664
100.00%
$
6,976,333
$
27,905,332
C:\Users\jasonb\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\JU2T1KG2\Funding A4?i0qfAN
Form w-9 Request for Taxpayer Give Form to the
(Rev. October2018) Identification Number and Certification requester. Do not
Department of the Treasury send to the IRS.
Internal Revenue Service ► Go to www.irs.gov/FormM for instructions and the latest information.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
2 Business name/disregarded entity name, it different from above
c)
�P
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the
Y
4 Exem ttons codes apply only to
P ( PPY Y
ro
following seven boxes.
certain entities, not individuals; see
a
o
❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate
instructions on page 3):
ti
single member LLC
Exempt payee code (if any)
a o
> «
❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ►
v
`o 2
Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check
Exemption from FATCA reporting
N
'C
LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is
code (it any)
another LLC that is not disregarded from the owner for ULS1 federal tax purposes. Otherwise, a single -member LLC that
Q
w
is disregarded from the owner should check the appropriate box for the tax classification of its owner.
v
m
❑ Other (see instructions) ►
1AoPQes to eccounis maintained outside the U.S)
a)
5 Address (number, street, and apt. or suite no,) See instructions, Requester's name and
address (optional)
m
d
0
6 City, state, and ZIP code
7 List account number(s) here (optional)
M&�IM Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid I Social security number
backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a — _ TIN, later. or
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and I Employer identification number
Number To Give the Requesterfor guidelines on whose number to enter. FF
JIM Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. 1 am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments
other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign Signature of
Here U.S. person►
General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, go to www.irs.gov/FormW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an
information return with the IRS must obtain your correct taxpayer
identification number (TIN) which may be your social security number
(SSN), individual taxpayer identification number (ITIN), adoption
taxpayer identification number (AT1N), or employer identification number
(FIN), to report on an information return the amount paid to you, or other
amount reportable on an information return. Examples of information
returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid)
Date ►
• Form 1099-DIV (dividends, including those from stocks or mutual
funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds)
• Form 11 (stock or mutual fund sales and certain other
transactions by brokers)
• Form 11 (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-F (student loan interest),
1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might
be subject to backup withholding. See What is backup withholding,
later.
21 �1
Cat, No. 16231X 1Fo� - Rev. 10-2018)
Form W-9 (Rev. 10-2018)
Page 2
By signing the filled -out form, you:
1. Certify that the TIN you are giving is correct (or you are waiting for a
number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt
payee. If applicable, you are also certifying that as a U.S. person, your
allocable share of any partnership income from a U.S. trade or business
is not subject to the withholding tax on foreign partners' share of
effectively connected income, and
4. Certify that FATCA code(s) entered on this form (if any) indicating
that you are exempt from the FATCA reporting, is correct. See What is
FATCA reporting, later, for further information.
Note: If you are a U.S. person and a requester gives you a form other
than Form W-9 to request your TIN, you must use the requester's form if
it is substantially similar to this Form W-9.
Definition of a I.I.S. person. For federal tax purposes, you are
considered a U.S. person if you are:
• An individual who is a U.S, citizen or U.S. resident alien;
• A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United States;
• An estate (other than a foreign estate); or
• A domestic trust (as defined in Regulations section 301.7701-7).
Special rules for partnerships. Partnerships that conduct a trade or
business in the United States are generally required to pay a withholding
tax under section 1446 on any foreign partners' share of effectively
connected taxable income from such business. Further, in certain cases
where a Form W-9 has not been received, the rules under section 1446
require a partnership to presume that a partner is a foreign person, and
pay the section 1446 withholding tax. Therefore, if you are a U.S. person
that is a partner in a partnership conducting a trade or business in the
United States, provide Form W-9 to the partnership to establish your
U.S. status and avoid section 1446 withholding on your share of
partnership income.
In the cases below, the following person must give Form W-9 to the
partnership for purposes of establishing its U.S. status and avoiding
withholding on its allocable share of net income from the partnership
conducting a trade or business in the United States.
• In the case of a disregarded entity with a U.S. owner, the U.S. owner
of the disregarded entity and not the entity;
• In the case of a grantor trust with a U.S. grantor or other U.S. owner,
generally, the U.S. grantor or other U.S. owner of the grantor trust and
not the trust; and
• In the case of a U.S. trust (other than a grantor trust), the U.S. trust
(other than a grantor trust) and not the beneficiaries of the trust.
Foreign person. If you are a foreign person or the U.S. branch of a
foreign bank that has elected to be treated as a U.S. person, do not use
Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see
Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign
Entities).
Nonresident alien who becomes a resident alien. Generally, only a
nonresident alien individual may use the terms of a tax treaty to reduce
or eliminate U.S, tax on certain types of income. However, most tax
treaties contain a provision known as a "saving clause." Exceptions
specified in the saving clause may permit an exemption from tax to
continue for certain types of income even after the payee has otherwise
become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an exception
contained in the saving clause of a tax treaty to claim an exemption
from U.S. tax on certain types of income, you must attach a statement
to Form W-9 that specifies the following five items.
1. The treaty country. Generally, this must be the same treaty under
which you claimed exemption from tax as a nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that contains the
saving clause and its exceptions.
4. The type and amount of income that qualifies for the exemption
from tax.
5. Sufficient facts to justify the exemption from tax under the terms of
the treaty article.
Example. Article 20 of the U.S.-China income tax treaty allows an
exemption from tax for scholarship income received by a Chinese
student temporarily present in the United States. Under U.S. law, this
student will become a resident alien for tax purposes if his or her stay in
the United States exceeds 5 calendar years. However, paragraph 2 of
the first Protocol to the U.S,-China treaty (dated Apnl 30, 1984) allows
the provisions of Article 20 to continue to apply even after the Chinese
student becomes a resident alien of the United States. A Chinese
student who qualifies for this exception (under paragraph 2 of the first
protocol) and is relying on this exception to claim an exemption from tax
on his or her scholarship or fellowship income would attach to Form
W-9 a statement that includes the information described above to
support that exemption.
If you are a nonresident alien or a foreign entity, give the requester the
appropriate completed Form W-8 or Form 8233.
Backup Withholding
What is backup withholding? Persons making certain payments to you
must under certain conditions withhold and pay to the IRS 24% of such
payments. This is called "backup withholding." Payments that may be
subject to backup withholding include interest, tax-exempt interest,
dividends, broker and barter exchange transactions, rents, royalties,
nonemployee pay, payments made in settlement of payment card and
third party network transactions, and certain payments from fishing boat
operators. Real estate transactions are not subject to backup
withholding.
You will not be subject to backup withholding on payments you
receive if you give the requester your correct TIN, make the proper
certifications, and report all your taxable interest and dividends on your
tax return.
Payments you receive will be subject to backup withholding if:
1. You do not furnish your TIN to the requester,
2. You do not certify your TIN when required (see the instructions for
Part II for details),
3. The IRS tells the requester that you fumished an incorrect TIN,
4. The IRS tells you that you are subject to backup withholding
because you did not report all your interest and dividends on your tax
return (for reportable interest and dividends only), or
5. You do not certify to the requester that you are not subject to
backup withholding under 4 above (for reportable interest and dividend
accounts opened after 1983 only).
Certain payees and payments are exempt from backup withholding.
See Exempt payee code, later, and the separate Instructions for the
Requester of Form W-9 for more information.
Also see Special rules for partnerships, earlier.
What is FATCA Reporting?
The Foreign Account Tax Compliance Act (FATCA) requires a
participating foreign financial institution to report all United States
account holders that are specified United States persons. Certain
payees are exempt from FATCA reporting. See Exemption from FATCA
reporting code, later, and the Instructions for the Requester of Form
W-9 for more information.
Updating Your Information
You must provide updated information to any person to whom you
claimed to be an exempt payee if you are no longer an exempt payee
and anticipate receiving reportable payments in the future from this
person. For example, you may need to provide updated information if
you are a C corporation that elects to be an S corporation, or if you no
longer are tax exempt. In addition, you must furnish a new Form W-9 if
the name or TIN changes for the account; for example, if the grantor of a
grantor trust dies,
Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a
requester, you are subject to a penalty of $50 for each such failure
unless your failure is due to reasonable cause and not to willful neglect.
Civil penalty for false information with respect to withholding. If you
make a false statement with no reasonable basis that results in no
backup withholding, you are subject to a $500 penalty.
122 of 133
Form W-9 (Rev. 10-2018)
Page 3
Criminal penalty for falsifying information. Willfully falsifying
certifications or affirmations may subject you to criminal penalties
including fines and/or imprisonment.
Misuse of TINs. if the requester discloses or uses TiNs in violation of
federal law, the requester may be subject to civil and criminal penalties.
Specific instructions
Line 1
You must enter one of the following on this line; do not leave this line
blank. The name should match the name on your tax return.
If this Form W-9 is for a joint account (other than an account
maintained by a foreign financial institution (FFI)), list first, and then
circle, the name of the person or entity whose number you entered in
Part I of Form W-9. If you are providing Form W-9 to an FFI to document
a joint account, each holder of the account that is a U.S. person must
provide a Form W-9.
a. Individual. Generally, enter the name shown on your tax return. If
you have changed your last name without informing the Social Security
Administration (SSA) of the name change, enter your first name, the last
name as shown on your social security card, and your new last name.
Note: ]TIN applicant: Enter your individual name as it was entered on
your Form W-7 application, line 1 a. This should also be the same as the
name you entered on the Form 1040/1040A/1040EZ you filed with your
application.
b. Sole proprietor or single -member LLC. Enter your individual
name as shown on your 1040/1 040A/1 04DEZ on line 1. You may enter
your business, trade, or "doing business as" (DBA) name on line 2.
c. Partnership, LLC that is not a single -member LLC, C
corporation, or S corporation. Enter the entity's name as shown on the
entity's tax return on line 1 and any business, trade, or DBA name on
line 2.
d. Other entities. Enter your name as shown on required U.S. federal
tax documents on line 1. This name should match the name shown on the
charter or other legal document creating the entity. You may enter any
business, trade, or DBA name on line 2.
e. Disregarded entity, For U.S. federal tax purposes, an entity that is
disregarded as an entity separate from its owner is treated as a
"disregarded entity." See Regulations section 301.7701-2(c)(2)(iii). Enter
the owner's name on line 1. The name of the entity entered on line 1
should never be a disregarded entity. The name on line 1 should be the
name shown on the income tax return on which the income should be
reported. For example, if a foreign LLC that is treated as a disregarded
entity for U.S. federal tax purposes has a single owner that is a U.S.
person, the U.S. owner's name is required to be provided on line 1. If
the direct owner of the entity is also a disregarded entity, enter the first
owner that is not disregarded for federal tax purposes. Enter the
disregarded entity's name on line 2, "Business name/disregarded entity
name." If the owner of the disregarded entity is a foreign person, the
owner must complete an appropriate Form W-8 instead of a Form W-9.
This is the case even if the foreign person has a U.S. TIN.
Line 2
If you have a business name, trade name. DBA name, or disregarded
entity name, you may enter it on line 2.
Line 3
Check the appropriate box on line 3 for the U.S. federal tax
classification of the person whose name is entered on line 1. Check only
one box on line 3.
IF the entity/person on line 1 is
THEN check the box for ...
a(n) ..
• Corporation
Corporation
• individual
Individual/sole proprietor or single-
• Sole proprietorship, or
member LLC
• Single -member limited liability
company (LLC) owned by an
individual and disregarded for U.S.
federal tax purposes.
• LLC treated as a partnership for
Limited liability company and enter
U.S. federal tax purposes,
the appropriate tax classification.
• LLC that has filed Form 8832 or
(P= Partnership; C= C corporation;
2553 to be taxed as a corporation,
or S= S corporation)
or
• LLC that is disregarded as an
entity separate from its owner but
the owner is another LLC that is
not disregarded for U.S. federal tax
purposes.
• Partnership Partnership
• Trust/estate Trust/estate
Line 4, Exemptions
If you are exempt from backup withholding and/or FATCA reporting,
enter in the appropriate space on line 4 any code(s) that may apply to
you.
Exempt payee code.
• Generally, individuals (including sole proprietors) are not exempt from
backup withholding.
- Except as provided below, corporations are exempt from backup
withholding for certain payments, including interest and dividends.
• Corporations are not exempt from backup withholding for payments
made in settlement of payment card or third party network transactions.
• Corporations are not exempt from backup withholding with respect to
attorneys' fees or gross proceeds paid to attorneys, and corporations
that provide medical or health care services are not exempt with respect
to payments reportable on Form 1099-MISC.
The following codes identify payees that are exempt from backup
withholding. Enter the appropriate code in the space in line 4.
1—An organization exempt from tax under section 501(a), any IRA, or
a custodial account under section 403(b)(7) if the account satisfies the
requirements of section 401(f)(2)
2—The United States or any of its agencies or instrumentalities
3—A state, the District of Columbia, a U.S. commonwealth or
possession, or any of their political subdivisions or instrumentalities
4—A foreign government or any of its political subdivisions, agencies,
or instrumentalities
5—A corporation
6—A dealer in securities or commodities required to register in the
United States, the District of Columbia, or a U.S. commonwealth or
possession
7—A futures commission merchant registered with the Commodity
Futures Trading Commission
8—A real estate investment trust
9—An entity registered at all times during the tax year under the
Investment Company Act of 1940
10—A common trust fund operated by a bank under section 584(a)
11 —A financial institution
12—A middleman known in the investment community as a nominee or
custodian
13--A trust exempt from tax under section 664 or described in section
4947
123 of 133
Form W-9 (Rev. 10-2018)
Page 4
The following chart shows types of payments that may be exempt
from backup withholding. The chart applies to the exempt payees listed
above, 1 through 13.
IF the payment is for ... THEN the payment is exempt
for...
Interest and dividend payments All exempt payees except
for 7
Broker transactions Exempt payees 1 through 4 and 6
through 11 and all C corporations.
S corporations must not enter an
exempt payee code because they
are exempt only for sales of
noncovered securities acquired
prior to 2012.
Barter exchange transactions and Exempt payees 1 through 4
patronage dividends
Payments over $600 required to be Generally, exempt payees
reported and direct sales over 1 through 52
$5,0001
Payments made in settlement of Exempt payees 1 through 4
payment card or third party network
transactions
1 See Form 1099-MISC, Miscellaneous Income, and its instructions.
2 However, the following payments made to a corporation and
reportable on Form 109E-MISC are not exempt from backup
withholding: medical and health care payments, attomeys' fees, gross
proceeds paid to an attorney reportable under section 6045(f), and
payments for services paid by a federal executive agency.
Exemption from FATCA reporting code. The following codes identify
payees that are exempt from reporting under FATCA. These codes
apply to persons submitting this form for accounts maintained outside
of the United States by certain foreign financial institutions. Therefore, if
you are only submitting this form for an account you hold in the United
States, you may leave this field blank. Consult with the person
requesting this form it you are uncertain if the financial institution is
subject to these requirements. A requester may indicate that a code is
not required by providing you with a Form W-9 with "Not Applicable" (or
any similar indication) written or printed on the line for a FATCA
exemption code.
A —An organization exempt from tax under section 501(a) or any
individual retirement plan as defined in section 7701(a)(37)
B—The United States or any of its agencies or instrumentalities
C—A state, the District of Columbia, a U.S. commonwealth or
possession, or any of their political subdivisions or instrumentalities
D—A corporation the stock of which is regularly traded on one or
more established securities markets, as described in Regulations
section 1.1472-1(c)(1)(i)
E—A corporation that is a member of the same expanded affiliated
group as a corporation described in Regulations section 1.1472-1(c)(1)(i)
F—A dealer in securities, commodities, or derivative financial
instruments (including notional principal contracts, futures, forwards,
and options) that is registered as such under the laws of the United
States or any state
G—A real estate investment trust
H—A regulated investment company as defined in section 851 or an
entity registered at all times during the tax year under the Investment
Company Act of 1940
1 — A common trust fund as defined in section 584(a)
J —A bank as defined in section 581
K—A broker
L—A trust exempt from tax under section 664 or described in section
4947(a)(1)
M—A tax exempt trust under a section 403(b) plan or section 457(g)
plan
Note: You may wish to consult with the financial institution requesting
this form to determine whether the FATCA code and/or exempt payee
code should be completed.
Line 5
Enter your address (number, street, and apartment or suite number).
This is where the requester of this Form W-9 will mail your information
returns. If this address differs from the one the requester already has on
file, write NEW at the top. If a new address is provided, there is still a
chance the old address will be used until the payor changes your
address in their records.
Line 6
Enter your city, state, and ZIP code.
Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and
you do not have and are not eligible to get an SSN, your TIN is your IRS
individual taxpayer identification number (ITIN). Enter it in the social
security number box. If you do not have an ITIN, see Flow to get a TIN
below.
If you are a sole proprietor and you have an EIN, you may enter either
your SSN or EIN.
If you are a single -member LLC that is disregarded as an entity
separate from its owner, enter the owner's SSN (or EIN, if the owner has
one). Do not enter the disregarded entity's EIN. If the LLC is classified as
a corporation or partnership, enter the entity's EIN.
Note: See What Name and Number To Give the Requester, later, for
further clarification of name and TIN combinations.
How to get a TIN. If you do not have a TIN, apply for one immediately.
To apply for an SSN, get Form SS-5, Application for a Social Security
Card, from your local SSA office or get this form online at
www.SSA.gov. You may also get this form by calling 1-800-772-1213.
Use Form W-7, Application for IRS Individual Taxpayer Identification
Number, to apply for an ITIN, or Form SS-4, Application for Employer
Identification Number, to apply for an EIN. You can apply for an EIN
online by accessing the IRS website at www.im.gov/Businesses and
clicking on Employer Identification Number (EIN) under Starting a
Business. Go to www,irs.gov/F`orms to view, download, or print Form
W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to
place an order and have Form W-7 and/or SS-4 mailed to you within 10
business days.
If you are asked to complete Form W-9 but do not have a TIN, apply
for a TIN and write "Applied For" in the space for the TIN, sign and date
the form, and give it to the requester. For interest and dividend
payments, and certain payments made with respect to readily tradable
instruments, generally you will have 60 days to get a TIN and give it to
the requester before you are subject to backup withholding on
payments. The 60-day rule does not apply to other types of payments.
You will be subject to backup withholding on all such payments until
you provide your TIN to the requester.
Note: Entering "Applied For" means that you have already applied for a
TIN or that you intend to apply for one soon.
Caution: A disregarded U.S. entity that has a foreign owner must use
the appropriate Form W-8.
Part II. Certification
To establish to the withholding agent that you are a U.S. person, or
resident alien, sign Form W-9. You may be requested to sign by the
withholding agent even if item 1, 4, or 5 below indicates otherwise.
For a joint account, only the person whose TIN is shown in Part I
should sign (when required). In the case of a disregarded entity, the
person identified on line 1 must sign. Exempt payees, see Exempt payee
code, earlier.
Signature requirements. Complete the certification as indicated in
items 1 through 5 below.
124 of 133
Form W-9 (Rev. 10-2018)
Page rJ
1. Interest, dividend, and barter exchange accounts opened
before 1984 and broker accounts considered active during 1983.
You must give your correct TIN, but you do not have to sign the
certification.
2. Interest, dividend, broker, and barter exchange accounts
opened after 1983 and broker accounts considered inactive during
1983. You must sign the certification or backup withholding will apply. If
you are subject to backup withholding and you are merely providing
your correct TIN to the requester, you must cross out item 2 in the
certification before signing the form.
3. Real estate transactions. You must sign the certification. You may
cross out item 2 of the certification.
4, other payments. You must give your correct TIN, but you do not
have to sign the certification unless you have been notified that you
have previously given an incorrect TIN. "Other payments" include
payments made in the course of the requester's trade or business for
rents, royalties, goods (other than bills for merchandise), medical and
health care services (including payments to corporations), payments to
a nonemployee for services, payments made in settlement of payment
card and third party network transactions, payments to certain fishing
boat crew members and fishermen, and gross proceeds paid to
attorneys (including payments to corporations).
5. Mortgage interest paid by you, acquisition or abandonment of
secured property, cancellation of debt, qualified tuition program
payments (under section 529), ABLE accounts (under section 529A),
IRA, Coverdell ESA, Archer MSA or HSA contributions or
distributions, and pension distributions. You must give your correct
TIN, but you do not have to sign the certification.
What Name and Number To Give the Requester
For this type of account: Give name and SSN of:
Individual The individual
2. Two or more individuals {joint
The actual owner of the account or, if
account) other than an account
combined funds, the first individual an
maintained by an FFI
the account'
3. Two or more U.S. persons
Each hctder of the account
joint account maintained by an FFI)
4. Custodial account of a minor
The minor
(Uniform Gift to Minors Act)
5. a. The usual revocable savings trust
The grantor -trustee'
(grantor is also trustee)
b. So-called trust account that is not
The actual owner'
a legal or valid trust under state law
6. Sole proprietorship or disregarded
The owner3
entity owned by an individual
7. Grantor trust filing under Optional
The grantor
Form 1099 Filing Method 1 (see
Regulations section 1.671-4(b)(2)(i)
(A))
For this type of account:
Give name and EIN of:
8. Disregarded entity not owned by an
The owner
individual
9. A valid trust, estate, or pension trust
Legal entity°
10. Corporation or LLC electing The corporation
corporate status on Form 8832 or
Form 2553
11. Association, club, religious, The organization
charitable, educational, or other tax-
exempt organization
12. Partnership or multi -member LLC The partnership
13. A broker or registered nominee The broker or nominee
For this type of account: Give name and EIN of:
14. Account with the Department of The public entity
Agriculture in the name of a public
entity (such as a state or local
government, school district, or
prison) that receives agricultural
program payments
15, Grantor trust filing under the Form The trust
1041 Filing Method or the Optional
Form 1099 Filing Method 2 (see
Regulations section 1.6714(b)(2)(i)(B))
' List first and circle the name of the person whose number you furnish.
If only one person on a joint account has an SSN, that person's number
must be furnished.
2 Circle the minor's name and furnish the minor's SSN.
3 You must show your individual name and you may also enter your
business or DBA name on the "Business name/disregarded entity"
name line. You may use either your SSN or EIN (if you have one), but the
IRS encourages you to use your SSN.
List first and circle the name of the trust, estate, or pension trust. (Do
not furnish the TIN of the personal representative or trustee unless the
legal entity itself is not designated in the account title.) Also see Special
rules for partnerships, earlier.
*Note: The grantor also must provide a Form W-9 to trustee of trust.
Note: If no name is circled when more than one name is listed, the
number will be considered to be that of the first name listed.
Secure Your Tax Records From Identity Theft
Identity theft occurs when someone uses your personal information
such as your name, SSN, or other identifying information, without your
permission, to commit fraud or other crimes. An identity thief may use
your SSN to get a job or may file a tax return using your SSN to receive
a refund,
To reduce your risk:
• Protect your SSN,
• Ensure your employer is protecting your SSN, and
• Be careful when choosing a tax preparer.
If your tax records are affected by identity theft and you receive a
notice from the IRS, respond right away to the name and phone number
printed on the IRS notice or letter.
If your tax records are not currently affected by identity theft but you
think you are at risk due to a lost or stolen purse or wallet, questionable
credit card activity or credit report, contact the IRS Identity Theft Hotline
at 1-800-908-4490 or submit Form 14039.
For more information, see Pub. 5027, Identity Theft Information for
Taxpayers.
Victims of identity theft who are experiencing economic harm or a
systemic problem, or are seeking help in resolving tax problems that
have not been resolved through normal channels, may be eligible for
Taxpayer Advocate Service (TAS) assistance. You can reach TAS by
calling the TAS toll -free case intake line at 1-877-777-4778 orTTY/TDD
1-800-829-4059.
Protect yourself from suspicious emails or phishing schemes.
Phishing is the creation and use of email and websites designed to
mimic legitimate business emails and websites. The most common act
is sending an email to a user falsely claiming to be an established
legitimate enterprise in an attempt to scam the user into surrendering
private information that will be used for identity theft.
125 of 133
Form W-9 (Rev. 10-2018)
Page 6
The IRS does not initiate contacts with taxpayers via emails. Also, the
IRS does not request personal detailed information through email or ask
taxpayers for the PIN numbers, passwords, or similar secret access
information for their credit card, bank, or other financial accounts.
If you receive an unsolicited email claiming to be from the IRS,
forward this message to phishing@irs.gov. You may also report misuse
of the IRS name, logo, or other IRS property to the Treasury Inspector
General for Tax Administration (TIGTA) at 1-800-366-4484. You can
forward suspicious emails to the Federal Trade Commission at
spam@uce.gov or report them at www.ftc.gov/complaint. You can
contact the FTC at www.ftc_govlydtheft or 877-IDTHEFT (877-438-4338).
If you have been the victim of identity theft, see www.1dentity7heft.gov
and Pub. 5027.
Visit www.irs.gov/identityTheft to learn more about identity theft and
how to reduce your risk.
Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your
correct TIN to persons (including federal agencies) who are required to
file information returns with the IRS to report interest, dividends, or
certain other income paid to you; mortgage interest you paid; the
acquisition or abandonment of secured property; the cancellation of
debt; or contributions you made to an IRA, Archer MSA, or HSA. The
person collecting this form uses the information on the form to file
information returns with the IRS, reporting the above information.
Routine uses of this information include giving it to the Department of
Justice for civil and criminal litigation and to cities, states, the District of
Columbia, and U.S, commonwealths and possessions for use in
administering their laws. The information also may be disclosed to other
countries under a treaty, to federal and state agencies to enforce civil
and criminal laws, or to federal law enforcement and intelligence
agencies to combat terrorism. You must provide your TIN whether or
not you are required to file a tax return. finder section 3406, payers
must generally withhold a percentage of taxable interest, dividend, and
certain other payments to a payee who does not give a TIN to the payer.
Certain penalties may also apply for providing false or fraudulent
information.
126 of 133
CMOF
cc
SGL4%
HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL
Council Meetina Date: July 22, 2020
Aqenda Item Title: Approve Additional Grant Administration Services from Guardian
CRM, Inc. for CARES Act funding.
Recommendation: The Procurement Division, on behalf of the Community
Development Department, recommends that the Council
APPROVE Consultant Service Agreement (CSA) for additional
grant administration services for CARES Act funding from
GUARDIAN CRM, INC.
Backaround: On April 2, 2020, the City of Sebastian received additional
Community Development Block Grant (CDBG) funding in the amount of $74,778, authorized by
the Coronavirus Aid, Relief and Economic Security Act (CARES Act), Public Law 116-136.
The City of Sebastian Community Development Department will present an amendment to
the FY 2019/2020 Annual Action Plan to the City in the near future identifying the first
programmatic year specific objectives and outcomes for supplemental funding under the
CARES act CDBG funding (CDBG-CV). The supplemental funding will be incorporated into
the existing housing rehabilitation program as an extension of assistance to homeowners
meeting the outlined needs criteria. The City did not receive an amount that could really
make an impact independently so it was decided to include this funding into the existing
program to make a greater impact especially during this time of economic need.
The services provided will be the same list of services in the CDBG Administration Services
Agreement (RFP 19-12). CDBG federal guidelines require that administration services do not
exceed 20% of the allocated amount. The CSA up for approval will be a Change Order to
include this additional cost. Consultant will still be required to submit detailed invoicing to show
amount of hours used to provide services to the City based on the hourly rates submitted in
response to RFP 19-12.
If Aqenda Item Reauires Expenditure of Funds:
Proposed Project Expense: $14,955.00
Amount Budgeted in Current FY: $14,955.00
Fund to Be Utilized for Appropriation: CARES Act
Administrative Services Departme Revi .
City Attorney Review:
Attachments: //
1. CSA — Guardian CRM, Inc.
2. Award Letter of CDBG CARES Act funding
City Manager Authorization
Date: %
127 of 133
CITY OF SEBASTIAN, FLORIDA
WORK AUTHORIZATION FORM
CONSULTANT SERVICE AGREEMENT (CSA)
Guardian Community Resource Management (CRM) Inc.
15000 Citrus Country Drive, Suite 331
Dade City, FL 22523
Work Authorization No: CSA - #1
Proiect Title: CDBG Administration CARES Funding
IT IS AGREED to undertake the following work in accordance with the provisions of the Guardian CRM Inc., Master Agreement
entitled CDBG Administration Services Dated January 9, 2020,
Description of Assignment:
Guardian CRM Inc. will provide CDBG administration services for the CARES Act funding. The workiproject will include:
1. Contract Administration
CDBG Contract Administration including full grant compliance of the CDBG CARES Act funding using
the same list of services in the base contract for regular CDBG grant administration.
2. Vendor's Responsibility
To provide the services as outlined in the agreement for CDBG administration.
Description Estimated Hours
4.1
4.2
5. Pricing
Description Quantity Contracted Unit TOTALS
Price
Contract Administration 1 $14,955 $14,965
6. Deliverables Provided to the City (surveys, ?tans, etc.)
i Description Quantity
a. Same as outlined in the agreement,
b.
c.
Basic of Compensation/Period of Services:
The above referenced description for CSA # will be performed for a Flat fee in the
amount of $15,281.
AGREED:
VENDOR: CITY OF SEBASTIAN:
Date: —«`�� Date:
ett--Aiday,ee ident Paul E. Carlisle
J,rdian C-RM- lnc City Manager
Attest
Jeanette Williams, MMC, City Clerk
Approved as to Form and Content for Reliance
by the City of Sebastian only:
Manny Anon Jr., Esq., City Attorney
128 of 133
�ygiAEMIIIITOF
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
a* IIIIIIII * = WASHINGTON, DC 20410-7000
9@4H O�VE"ba �
ASSISTANT SECRETARY FOR
COMMUNITY PLANNING AND DEVELOPMENT
April 2, 2020
The Honorable Jim Hill
Mayor of Sebastian City
1225 Main Street
Sebastian, FL 32958
Dear Mayor Hill:
I am pleased to inform you of a special allocation to your jurisdiction of Community
Development Block Grant funds to be used to prevent, prepare for, and respond to the coronavirus
(COVID-19). This allocation was authorized by the Coronavirus Aid, Relief, and Economic
Security Act (CARES Act), Public Law 116-136, which was signed by President Trump on March
27, 2020, to respond to the growing effects of this historic public health crisis.
The CARES Act made available $5 billion in Community Development Block Grant
Coronavirus (CDBG-CV) funds. Of this amount, the Department is immediately allocating $2
billion based on the fiscal year 2020 CDBG formula. The remaining $3 billion shall be allocated
based on needs using best available data, in the following tranches: $1 billion shall be allocated to
States and insular areas within 45 days of enactment of the Cares Act, and $2 billion shall be
distributed to states and local governments at the discretion of the Secretary. Up to $10 million will
be set aside for technical assistance. Given the immediate needs faced by our communities, the
Department has announced the first allocation of funds. Your jurisdiction's allocation is $74,778.
The CARES Act adds additional flexibility for both the CDBG-CV grant and, in some cases,
for the annual FY2020 CDBG grants in these unprecedented times. The public comment period is
reduced to not less than 5 days, grantees may use virtual public hearings when necessary for public
health reasons, the public services cap is suspended during the emergency, and States and local
governments may reimburse costs of eligible activities incurred for pandemic response regardless of
the date.
In addition, the CARES Act authorizes the Secretary to grant waivers and alternative
requirements of statutes and regulations the Secretary administers in connection with the use of
CDBG-CV funds and fiscal year 2019 and 2020 CDBG funds (except for requirements related to
fair housing, nondiscrimination, labor standards, and the environment). Waivers and alternative
requirements can be granted when necessary to expedite and facilitate the use of funds to prevent,
prepare for, and respond to coronavirus.
The Department is developing a notice that will further describes the CARES Act's
provisions, a Quick Guide to the CARES Act flexibilities and other provisions, and other resources
to enable swift implementation of CDBG-CV grants. As these become available, they will be
www.hud.gov espanol.had.gov 129 of 133
posted on HUD's website and distributed to grantees. The Department will also support grantees
with technical assistance.
As you develop your plan for the use of these grant funds, we encourage you to consider
approaches that prioritize the unique needs of low- and moderate —income persons and the
development of partnerships between all levels of government and the private for -profit and non-
profit sectors. You should coordinate with state and local health authorities before undertaking any
activity to support state or local pandemic response. CDBG-CV grants will be subject to oversight,
reporting, and requirements that each grantee have adequate procedures to prevent the duplication
of benefits. HUD will provide guidance and technical assistance on DOB and regarding prevention
of fraud, waste, and abuse and documenting the impact of this program for beneficiaries.
The Office of Community Planning and Development (CPD) is looking forward to working
with you to successfully meet the urgent and complex challenges faced by our communities. If you
or any member of your staff has questions, please contact your local CPD Field Office Director or
CPDOuestionsAnswered(a�hud. v-ov.
Sincerely,
John Gibbs
Acting Assistant Secretary
for Community Planning and Development
U.S. Department of Housing and Urban Development
130 of 133
CN11
SEBAST..�A ;
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
COUNCIL MEETING DATE
AGENDA ITEM TITLE
July 22, 2020
94th Annual FLC Business Meeting
August 13-14, 2020 — Zoom
RECOMMENDATION: Appoint Voting Delegate to Attend Annual Business
Meeting at Conference via Zoom - August 14 at 2.00 p.m.
BACKGROUND-. The Florida League of Cities has cancelled their usual
annual conference but will still hold their annual business meeting via Zoom.
Each municipality appoints one voting delegate for the election of league leadership and
the adoption of resolutions at the annual business meeting.
Each year, City Council nominates one of their members to represent Sebastian at this
meeting.
ATTACHMENTS: FLC Information
City Clerk.
Date: ` � -5-- Z 0ZO
131 of 133
Voting Delegate Information/Reminder to Designate a Delegate
The Florida League of Cities will host the 2020 Virtual Annual Business meeting Friday,
August 14, 2020 at 2:00 p.m. The meeting will be remote access only via Zoom. If voting
delegates need to cast their vote by means other than a voice vote, each delegate will be
provided with a link and login credentials to vote using Association Voting software.
Voting delegates will receive a link with log -in credentials for their city and further
instructions the week of the meeting.
To prepare for this meeting, we encourage you to:
• Use a computer with a built-in camera and microphone. This will allow members
to be seen and heard during the meeting.
+ Use a headset with microphone for optimal sound and speech quality
• Have a high speed internet connection
+ Download and install the latest version of Zoom Version 5.1.0 (27830.0612)
https://zoom.us/download
• Prior to the meeting, run a test Zoom meeting using this link https://zoom.us/test.
This will ensure you have the minimum requirements to participate in Zoom
meetings.
It is important that each municipality designate one official to be the voting delegate for
the FLC Business Meeting. Election of League leadership and adoption of resolutions are
undertaken during the business Session.
If your city has not chosen a delegate, please see the attached form. Voting delegate
forms (or any changes to the voting delegate) must be received by the League no later
than August 7, 2020.
If you have any questions regarding voting delegates, please contact Eryn Russell at
erussell(@flcities.com.
:SL of i 33
941h FLC Annual Conference — Business Meetings
Florida League of Cities, Inc.
August 14, 2020
It is important that each member municipality designate one of their officials to cast their votes at
the Annual Business Session. League By -Laws require that each municipality select one person
to serve as the municipalities voting delegate. Municipalities do not need to adopt a resolution
to designate a voting delegate.
Please fill out this form and return it to the League office so that your voting delegate may be
properly identified. The chosen delegate will receive an email with further electronic voting
instructions closer to conference. For this reason, it is important that we have the correct email
on file for the voting delegate. If the delegate changes, please notify us no later than August 7,
2020,
Desiunation of Voting Delcaate
Name of Voting Delegate:
Title:
Municipality of: Sebastian
Email of Delegate:
AUTHORIZED BY: Sebastian City Council at their Ju} y 22, 2020
City Council Meeting.
Name
Title
Return this form to:
Eryn Russell
Florida League of Cities, Inc.
Fax: (850) 222-3806
Email: erussell ci flciries.com
133 of 133
The City Manager will ask to add the attached School Resource Officers
agreement to the agenda.
MLA
SEASTLAN
HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL
Council Meetina Date: July 22, 2020
Agenda Item Title: Agreement between the City of Sebastian and Indian
River County School Board for two (2) School Resource
Officers, one (1) at Sebastian Elementary and one (1) at
Pelican Island Elementary.
Recommendation: City Council to approve the Agreement between the City
and the Indian River County School Board for two (2)
School Resource Officers, one (1) at Sebastian
Elementary and one (1) at Pelican Island Elementary.
Backaround:
The City of Sebastian has
proposed an
agreement
between the City and
the Indian River County School Board
to provide two
(2) School
Resource Officers.
If Aaenda Item Requires Expenditure of Funds:
Total Cost: Pelican Island Elem 50% cost share $ 24,666.21
Sebastian Elem 50% cost share $ 25,533.11
Amount Budgeted in Current FY: $ 50,200.
Amount of Appropriation Required: $ 50,200.
Fund to Be Utilized for Appropriation: General Fund 4 s
Administrative Services Department Review:
Attachments:
1. Agreement
City Manager Authorization:
Date:
AGREEMENT BETWEEN
THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA
AND
CITY COUNCIL OF THE CITY OF SEBASTIAN
FOR
THE SCHOOL RESOURCE OFFICER PROGRAM (SRO)
THIS AGREEMENT, made and entered into this j3r0C day of
—iLLr%e_ , 2020, by and between THE SCHOOL BOARD OF INDIAN RIVER
COUNTY, FLORIDA, (hereinafter referred to as the SCHOOL BOARD), and THE CITY
COUNCIL OF THE CITY OF SEBASTIAN, (hereinafter referred to as the CITY);
WITNESSETH:
A. The School Board and the City desire to provide law enforcement
services to the schools of Indian River County as defined in F.S.S.
1006.12.
B. The provisions of F.S.S. 1006.12 require the School Board and
School District Superintendent to assign one or more safe -school
officers at each school facility within the district.
C. It is mutually agreed that a continuation of the School Resource
Officer Program is in the best interests of the student population,
the School Board, the City, and the citizens of Indian River County.
D. The parties agree that the term of this Agreement shall be for a
period of one (1) year, with the option to renew the Agreement for
an additional one (1) year period upon mutual agreement of the
parties.
NOW THEREFORE, in consideration of the mutual promises and covenants herein
contained, the School Board and the City hereby agree as follows:
ARTICLE I
A School Resource Officer (SRO) Program is hereby continued within the school system
of Indian River County, Florida, for twelve months per year.
ARTICLE H
Rights and Duties of the City
The City shall provide School Resource Officers as follows:
A. Number of School Resource Officers:
The City shall assign one regularly employed SRO to each of the following
schools:
a. Pelican Island Elementary School
In. Sebastian Elementary School
B. Regular Duty Hours of School Resource Officers:
The SRO's shall be assigned to a school on a full-time basis of eight (8)
hours on those days and during those hours that school is in session. This
includes designated summer school days and hours as mutually agreed upon
by the City and School Board. The SRO may be temporarily reassigned by
the City or designee during school holidays, vacations or during a period of
any law enforcement emergency or state of emergency, whether local, state
or national. The SRO shall notify the Principal or Principal's designee when
arriving or departing campus.
C. Duties of School Resource Officers as defined in Section 1006.12, Florida Statutes
are:
The primary function of the School Resource Office is to serve as a law
enforcement officer and ensure the safety and security of students, teachers,
staff and other individuals on the campus to which the SRO is assigned.
The School Resource Officers shall abide by school board policies and shall
consult with and advise the District of any conflicts between their policies and
the Cities Standard Operating Procedures (SOP's) through the school principal
or his/her designee. The SRO shall be responsible to the law enforcement
agency in all matters relating to employment.
3. To perform law enforcement functions within the school setting.
4. To identify and prevent, through counseling and referral, delinquent behavior,
including substance abuse and standard protocols as required by Florida
Statutes.
5. To foster a better understanding of the law enforcement function.
6. To develop positive concepts of law enforcement.
7. To provide information about crime prevention.
8. To provide assistance and support for crime victims identified within the school
setting, including abused children.
9. To promote positive relations between students and law enforcement officers.
10. To enhance knowledge of the fundamental concepts and structure of law.
11. Consistent with the provisions of F.S.S. 1006.07, the SRO shall participate in
hostage and active assailant situation drills as often as other emergency drills as
required by Florida law in consultation with the School District and School
Administration staff.
12. Consistent with the provisions of F.S.S. 1006.07, the SRO shall be a member
of the Threat Assessment Team at the school to which the SRO is assigned and
shall meet regularly with the School Threat Assessment Team in a proactive
manner to consider behavioral indicators of individuals who may pose a threat
to the safety and well-being of students, faculty and staff.
13. When requested by the principal or his/her designee, the SRO may attend any
school -related activity (i.e., faculty, parent meetings, special functions, etc.).
The duty must be approved by the unit supervisor, if it is overtime, the cost of
the overtime shall be borne by the District where appropriate.
14. The SRO shall make himself/herself available for conferences with students,
parents, and faculty members in order to assist them with problems. When in a
counseling capacity, the SRO will be subject to all confidentiality issues and
confidentiality rules and ethics as accepted and defined in State laws and
professional standards. City acknowledges and agrees that it will not disclose
confidential student information to any other person or entity, and will only use
the confidential student information for the purposes of this Agreement and for
no other purpose unless otherwise required by State and Federal law. Upon the
completion of the non -law enforcement SRO services, City shall return to
School Board all original and any copies of the confidential student
information, and shall not retain any confidential student information. As City
will be receiving student information that is otherwise confidential, City shall
fully comply with the requirements of § 1002.22 and § 1002.221, Florida
Statutes, and any other law or regulation, either federal or State of Florida,
regarding confidentiality of student information and records unless otherwise
required by law. Further, notwithstanding any other provision in
this Agreement to the contrary, City for itself, and its officers, employees,
agents, representatives, contractors, and subcontractors, shall indemnify and
hold the School Board and its officers and employees harmless for the City's
own negligence, including, but not limited to defending the School Board and
its officers and employees against any complaint, administrative or judicial
proceeding, payment of any penalty imposed upon the School Board, or
3
payment of any and all costs, damages, judgments, or losses incurred by or
imposed upon the School Board arising out of the negligence by the City, or its
officers, employees, agents, representatives, contractors, and subcontractors, ,
or a negligent violation of § 1002.22 or § I002.221, Florida Statutes that is not
permissible by law. This provision shall survive the termination of or
completion of all obligations under this Agreement and shall be fully binding
upon City until such time as any proceeding which may be brought on account
of this provision is barred by any applicable statute of limitations.
15. The SRO shall become familiar with all community agencies, which offer
assistance to youths and their families, such as mental health clinics, drug
treatment centers, etc. The SRO may make referrals to such agencies, when
necessary and appropriate in their sole discretion, thereby acting as a resource
person to the students, faculty, and staff of the school. The discretion regarding
the method of reporting of an event is the sole discretion of the Officer and the
requirements of all State and Federal laws as amended from time to time.
16. The SRO shall assist the principal or his/her designee in developing plans and
strategies to prevent and/or minimize dangerous situations, which may result
from student unrest and emergency situations.
17. ShouId it become necessary to conduct formal law enforcement investigative
interviews with the students, the SRO shall adhere to rules and guidelines set
forth in the Florida State Statutes, and Federal law.
18. The SRO shall take law enforcement action as required. As soon as practical,
the SRO shall make the principal or his/her designee aware of such action. The
SRO shall take appropriate law enforcement action against intruders and
unwanted guests who may appear at the school or related school functions
following the City's SOP's in place.
19. The primary function of the SRO is a campus Law Enforcement Officer. The
SRO shall give assistance to other police and deputy sheriffs in matters
regarding his school assignment, whenever necessary. The SRO will also act,
when necessary, as a liaison between his/her school and other government
agencies (i.e., law enforcement, DCF, State's Attorney, etc.).
20. The SRO will submit reports and statistical data, as necessary, to include police
department generated reports, to include an Agency Case Number, regarding
any on -campus incidents for which an SRO or other police officer prepares
reports and documents as allowed by State law.
21. The SRO shall not act as a school disciplinarian, as disciplining students is a
school responsibility. However, if the principal or his/her designee believes an
incident is a violation of the law, the principal or designee shall consult with
the SRO to determine whether law enforcement action is appropriate. School
Resource Officers are not to be assigned lunchroom duties, security posts, hall
monitors, truancy, or other monitoring duties. If there is a problem area, the
SRO may assist the school until the problem is solved.
22. The SRO will perform duties outside the school as needed (i.e., court, training,
depositions, vacation, etc.).
23. The SRO will perform his/her duties in their police department duty uniform.
Appropriate civilian clothes may be worn with the approval of the unit
supervisor.
24. All law infractions will be reported to the school's resource officer by all school
personnel.
25. The SRO will be involved in summer activity to include, but not be limited to,
juvenile case management, gang resistance education training, BOdk ,,,
cyber-safety training, school safety, participation in the Explorer program, and
participation in relevant summer camps.
D. The City and each SRO shall only use the information made accessible to him or
her by the School Board in furtherance of this Agreement, and only for the purposes
for which the disclosure was made or as may otherwise be required by law. The
City acknowledges and agrees that each SRO will have access to Personally
Identifiable Information and Education Records pursuant to section 1002.221,
Florida Statutes, 20 U.S.C. 1232g, and the federal regulations issued thereto, and
that the SROs shall not disclose such information to any other party unless
specifically authorized or required by law.
ARTICLE III
Rights and Duties of the School Board
The School Board shall provide to the full-time SRO the following materials and facilities
which are deemed necessary for the performance of their duties.
A. A secure and private office located as close to the principal's or designee's office
as possible. The SRO will be the only one assigned to the office due to the sensitive
and confidential information maintained within. The office will be voice secure for
purposes of interviews and counseling. The office will contain the following
materials and equipment.
Air conditioning.
2. Computer with Internet access and VPN, or other connection type, required
to connect to the City's network and access software programs and network
resources.
Desk and chair.
4. 4-drawer legal locking file cabinet.
6-shelf book shelf.
6. 2 visitor chairs for counseling and interviews.
1 worktable.
8. Office supplies as requested.
9. Phone with local and long distance calling capability.
10. School District email address.
11. 1 large dry erase board.
12. Secretarial assistance.
13. It is imperative that SRO's be able to communicate with school personnel
on their radio frequencies. If the SRO's primary school is utilizing a
frequency band not compatible with the SRO's issued radio, the school will
provide the SRO with a radio.
ARTICLE IV
Financing of the School Resource Officer Program
A. The School Board and the City agree to share in the overall costs associated with the
School Resource Officer Program. The School Board agrees to provide for 50% of
the salaries and benefits of the SRO's. Notwithstanding the foregoing, the amount
funded by the City for the overall costs of the School Resource Officer Program will
be negotiated each year of this Agreement. This does not affect or guide any
negotiations the City has regarding its Collective Bargaining unit and those
negotiations shall have precedence.
B. Any vehicle or equipment leased, rented, or donated to the City for use in the SRO
Program shall become an asset of the City and; therefore, will be subject to City rules,
regulations, and policy governing use.
C. The City in its sole discretion shall provide the appropriate vehicle and equipment to
conduct the duties of the SRO.
ARTICLE V
Employment Status of School Resource Officer
School Resource Officers shall remain employees of the City and shall not be employees
of the School Board. The School Board and the City acknowledge that the School Resource
Officers shall remain responsive to the chain of command of the City.
ARTICLE VI
Appointment and Training of School Resource Officers
A. Appointment of School Resource Officers will be made solely by the City in
accordance with City's policy.
B. School Resource Officers will receive training in the following
schools:
I. Basic SRO Program.
2. Crisis Intervention Training (CIT).
The Indian River County School District should make a reasonable effort to
secure state funding for the annual FASRO (Florida Association of School
Resource Officer's) Conference or other SRO Training Programs. If such
funding is not available, the expense incurred will be mutually agreed upon
by the two entities providing the budget appropriations are available
(lodging, food, registration and travel). Expenses to the District shall not
exceed a total of $1,000.00 annually for this conference.
ARTICLE VII
Dismissal of School Resource Officer; Replacement
A. In the event the principal of the school, to which the SRO is assigned, feels that the
particular SRO is not effectively performing his or her duties and responsibilities,
as outlined in F.S.S.1006.12, the principal shall recommend to the Superintendent
who may recommend to the Chief of Police, or designee, that the SRO be removed
and shall state the reasons in writing.
Upon receipt of such recommendation from the Superintendent or designee,
the Chief of Police and the Superintendent, or their designees shall meet
with the SRO and his immediate supervisors to mediate or resolve any
problems, which may exist. At such meeting, specified members of the staff
of the school, to which SRO is assigned, may be required to be present.
2. If, within a reasonable amount of time after commencement of such
mediation, the problem cannot be resolved or mediated, then the SRO shall
be removed from the program at the school and a replacement shall be
obtained at the sole discretion of the City through consultation with the
District.
In the event mediation is not sought by the Chief of Police, then the SRO
shall be removed from the program at the school and a replacement shall be
obtained.
B. The City may dismiss or reassign an SRO based upon the City's rules and
regulations.
C. In the event of the resignation, dismissal, or reassignment of a SRO, or in the case
of long-term absences by a SRO, the City will provide a temporary or permanent
SRO.
ARTICLE VIII
SRO Schedule
A. SRO's will be assigned to each school designated in Article II from the beginning
of the school year to the end of the school year.
B. The SRO will perform his/her duties at his/her assigned campus under normal
conditions. Any duty must be approved by the unit supervisor, if it is overtime.
C. When extra -duty details are required by the School Board, the parties shall ensure
that the details are first filled by SRO's. If a sufficient number of SRO's are
unavailable or, if the need for extra -duty officers exceeds the number of SRO's,
then other police officers shall be authorized to work the detail.
D. SRO's shall also be present for summer school programs as mutually agreed upon
by the City and the Superintendent or their designees.
ARTICLE IX
IF THE CITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE CITY'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT THE SCHOOL
BOARD'S CUSTODIAN OF RECORDS: Sara Milliman, 772-564-3074,
Sara.Milliman@indianriverschools.org, 6500 5711' Street, Vero Beach, Florida 32967.
1. This Agreement is subject to and governed by the laws of the State of Florida, including
without limitation Chapter 119, Florida Statutes, which generally makes public all records
or other writings made by or received by the parties. The City and the School Board
acknowledges its legal obligation to comply with § 119.0701, Florida Statutes.
2. The City and the School Board shall keep and maintain public records, as that phrase is
defined in the Florida Public Records Act, required by the School Board in order to
perform the scope of services.
3. Upon request by the City or the School Board, either party shall provide a copy of any and
all requested public records or allow the requested public records to be inspected or copied,
within a reasonable time, at a cost that does not exceed the cost allowed by law.
4. The City and the School Board shall not disclose public records that are exempt, or
confidential and exempt, from public records disclosure unless specifically authorized by
law for the duration of the Agreement term and following completion of the Agreement if
the City does not transfer the public records to the School Board as indicated below.
5. The City and the School Board shall comply with all requirements for retaining public
records and shall keep and maintain all such public records required by the School Board
to perform the scope of services. Upon request by the City or School Board, all public
records stored electronically must be provided in a format that is compatible with the
information technology systems of the City or School Board.
6. Notwithstanding any other provision of this Agreement to the contrary, failure to comply
with this requirement shall result in the immediate termination of the Agreement, without
penalty to the City or the School Board. Further, the City and School Board shall mutually
and fully indemnify and hold harmless each other, their officers, agents and employees
from any liability and/or damages, including attorney's fees through any appeals, resulting
from the City's or School Board's failure to comply with the requirements of Chapter 119,
Florida Statutes.
ARTICLE X
Termination of Agreement
This agreement may be terminated by either party upon a sixty (60) day written notice that
any other party has failed to substantially perform in accordance with the terms and conditions of
this Agreement, but subject to applicable law. This Agreement may be terminated without cause
by either party upon a ninety (90) day written notice. Termination of the Agreement may only be
accomplished as provided herein. In the event this Agreement is terminated, compensation will
be made to the City for all services performed to the date of termination. The School Board shall
be entitled to prorated refund for that period of time when SRO services are not provided because
of termination of this Agreement.
ARTICLE XI
Hold Harmless Agreement
If and to the extent allowed by law and without waiving the limits and protections of
sovereign immunity as set forth in section 769.28, Florida Statutes, the City agrees to defend,
indemnify, and hold the School Board, it's employees, and agents harmless from any claim,
demand, suit, loss, cost, expense, or damage which may be asserted, claimed, or recovered against,
or from the School Board, its agents or employees by reason of any damage to property or personal
injury including death sustained by any persons whomsoever, and which damage, injury, or death
arises out of, or is attributable to, the performance by the SRO's of law enforcement duties.
ARTICLE XII
Good Faith
The School Board, the City, their agents, and their employees agree to cooperate in good
faith in fulfilling the terms of this Agreement. Unforeseen difficulties or questions will be resolved
by negotiation between the Superintendent's Office and the Chief of Police's Office.
ARTICLE XIII
Modification
This document constitutes the full understanding of the parties and no terms, conditions,
understandings or agreements purporting to modify or vary the terms of this document shall be
binding unless hereafter made in writing and signed by the party to be charged.
ARTICLE XIV
Non -Assignment
This Agreement, and each and every covenant herein, shall not be capable of assignment
unless the express written consent of the School Board and the City is obtained.
ARTICLE XV
Sovereign Immunity
No Waiver of Sovereign Immunity. Nothing contained in this agreement is intended to
serve as a waiver of sovereign immunity by any entity to which sovereign immunity may be
applicable.
ARTICLE XVI
Merger
This Agreement constitutes a final written expression of all the terms of this Agreement
and is a complete and exclusive statement of those terms.
ARTICLE XVII
Gun Safes
A. The City has provided two (2) gun safes for the schools being served by the Parties'
SRO program. Said gun safes will or have been permanently installed in the designated office at
each school for the assigned School Resource Officer, which offices are provided pursuant to the
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terms of the SRO Program Agreement. The make/model of the gun safes shall be selected by the
City.
B. Access to all SRO offices with gun safes will be primarily limited to the school
Principal and assigned SRO, all of whom will have a key to these SRO offices for emergency and
facility maintenance purposes. The school Principal has the discretion to allow access to these
SRO offices for other school staff, including maintenance to address building maintenance needs.
Custodial staff will not have access to these SRO offices. Rather, the assigned SRO will be
responsible for depositing trash from the SRO office in a receptacle in the school. Each SRO office
will have a lock as selected by School Board to limit access to said office.
C. City, in cooperation with School Board maintenance staff, will be responsible for
properly installing said gun safes in SRO offices as needed. City is responsible for maintaining the
gun safes and for ensuring that said gun safes are in proper working order at all times, including
all costs associated with said maintenance. School Board has no responsibility to maintain said
gun safes.
D. City shall have the sole and exclusive responsibility for ensuring that all items
stored in the gun safes are properly stored, that the gun safes are properly locked, and bears sole
and exclusive responsibility for any and all claims which may arise from the improper storage of
guns, rifles, other weapons, tools, and/or ammunition in said gun safes. City further agrees to bear
the risk of loss in the event that any stored items are removed, taken, or stolen from the gun safes,
and will not seek to hold School Board or its employees financially responsible for any risk of loss
of any stored items. In the event of a state of emergency, items may be stored in the gun safe
overnight while the School Board buildings are being used as emergency shelters.
E. No guns, rifles, other weapons and/or ammunition will be stored in these gun safes
in School Board buildings overnight. Each morning, the assigned SRO will carry the guns, rifles,
other weapons and/or ammunition for use during the school day in a City -approved carrying case
and will remove these items from School Board buildings at the conclusion of each school day
using their City -approved carrying case.
F. The gun safes shall be wholly owned by City at all times, and upon termination of
this Agreement for any reason, City shall promptly remove all gun safes from School Board
buildings.
ARTICLE XVH1
Sovereign Immunity
Nothing herein is intended to serve as a waiver of sovereign immunity by any party, or of
any rights or limits of liability existing under section 768.28, Florida Statutes. This paragraph shall
survive the termination of all performance or obligations under this Agreement and shall be fully
binding until such time as any proceeding brought on account of this Agreement is barred by any
applicable statute of limitations.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their
duly authorized officers.
Signed, sealed, and delivered
in the presence of.
Witness l
6/23/2020
Date
Witness
THE SCHOOL BOARD OF INDIAN
RIVER COUNTY, FLORIDA
By:
L� orc,Uairman
Attes : �
David K. Moore, Ed.D., Supe inter
6/23/2020
Date
CITY COUNCIL OF THE CITY OF
SEBASTIAN
Ed Dodd, Mayor
Date Date
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