4b2 · and the indiantown cogeneration plan dated july 23, 1991 established a trust in ......

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4B2

BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY

PLACEMENT: CONSENTPRESET: TITLE: OFFICE OF MANAGEMENT AND BUDGET ITEMS WHICH REQUIRE BOARD APPROVAL VIA THE CONSENT AGENDA FOR ITEMS UNDER $50,000

AGENDA ITEM DATES:

MEETING DATE:8/22/2017

COUNTY ATTORNEY:7/31/2017

COMPLETED DATE:8/10/2017

ASSISTANT COUNTY ADMINISTRATOR:8/7/2017

REQUESTED BY: DEPARTMENT: PREPARED BY:

Name: Various Department of Administration Office of Management

Name: and Budget

Procedures: None

EXECUTIVE SUMMARY:

This is a placeholder on all Board meeting agendas in an effort to streamline the process for grant applications, awards, budget resolutions, budget transfers from reserves, and CIP amendments for items under $50,000. Specific items requiring approval, if any, will be provided by Supplemental Memorandum.

APPROVAL:ACACA

BACKGROUND/RELATED STRATEGIC GOAL:

This item serves as a placeholder for grant related items which require Board approval.

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ISSUES:None.

LEGAL SUFFICIENCY REVIEW:

Items requiring approval provided via Supplemental Memorandum.

RECOMMENDED ACTION:

RECOMMENDATION Provided via Supplemental Memorandum.

ALTERNATIVE RECOMMENDATIONS Pull this item from the Consent Agenda.

FISCAL IMPACT:

RECOMMENDATIONProvided via Supplemental Memorandum.

ALTERNATIVE RECOMMENDATIONSNone.

DOCUMENT(S) REQUIRING ACTION:

Budget Transfer / Amendment Chair Letter Contract / Agreement

Grant / Application Notice Ordinance Resolution

Other:

ROUTING:

_ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD_ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USDX CA X ACA _ LEG

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BCC MEETING DATE: August 22, 2017 AGENDA ITEM: 4B2

Page 1 of 3 adm2017M530 SUPPLEMENTAL.docx

MARTIN COUNTY, FLORIDASUPPLEMENTAL MEMORANDUM

TO: Honorable Members of the Board of County Commissioners

DATE: August 15, 2017

VIA: Taryn KryzdaCounty Administrator

FROM: Jennifer ManningGrants Compliance – Budget Manager

SUBJECT: OFFICE OF MANAGEMENT AND BUDGET ITEMS WHICH REQUIRE BOARD APPROVAL VIA THE CONSENT AGENDA FOR ITEMS UNDER $50,000 (Staff Presentation Time: n/a)

GRANT ITEMS – PERMISSION TO ACCEPT

1. PERMISSION TO ACCEPT THE STATE OF FLORIDA, DIVISION OF EMERGENCY

MANAGEMENT HAZARD ANALYSIS GRANT FOR FISCAL YEAR 2018

Agreement/Contract drafted by: The State of Florida, Division of Emergency Management.

Parties to the Agreement/Contract: The State of Florida, Division of Emergency Management and Martin County Board of County Commissioners.

Purpose of the Agreement/Contract: To update and maintain information and analysis of potential hazards associated with Extremely Hazardous Substances at sites throughout the County. The amount of funds distributed to a county is based upon the number of sites within the county that must be visited. Martin County will be reimbursed for costs not to exceed $4,013 to inspect 19 sites.

New/Renewal/Modified: This is a new contract. Duration: Date of execution through June 30, 2018. Benefits to Martin County: Grant award of $4,013. The completed

analyses are provided to first responder organizations (fire rescue and law enforcement), the Local Emergency Planning Commission, and to the public, upon request, as provided for in the Emergency Planning and Community Right to Know Act.

Cost to Martin County: There are no matching funds required. Administrative costs to prepare reimbursement paperwork.

ALTERNATIVE ACTION: Programmatic Implication if not approved – There is no negative impact

if the grant is not received. The sites will still be inspected. Financial Fiscal impact if not approved – The County will not be

reimbursed for time spent inspecting sites.

DOCUMENTS REQUIRING ACTION: Grant Contract (4 copies)

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Budget Resolution

RECOMMENDATION: Move that the Board authorize the Chairman to execute the agreement as

well as any grant related documents upon review and concurrence of the County Attorney’s Office and;

Move that the Board adopt a Budget Resolution for the State allocations.

APPROVED AS TO FORM & LEGAL SUFFICIENCY

OTHER OMB – REQUEST TO APPROVE

2. REQUEST TO APPROVE THE INDIANTOWN COMMUNITY TRUST FUND (ICTF) GRANT FOR

FY18

A Planned Unit Development (PUD) Zoning Agreement between Martin County and the Indiantown Cogeneration Plan dated July 23, 1991 established a trust in the amount of $1,000,000. The contract establishes that the interest accrued from this trust is to be used for projects benefiting Indiantown. Also per the Agreement, a Special Advisory Committee (Indiantown Community Trust Fund Advisory Committee) was established. Applications are received once a year. The Indiantown Community Trust Fund Advisory Committee reviews these applications and the following are their recommendations for funding six organizations to provide services in Indiantown. The Indiantown Community Trust has $10,000 available for FY18.

Agreement/Contract drafted by: County Attorney’s Office

Parties to the Agreement/Contract: Recommendation by Committee

(see attached spreadsheet of all applicants):

Boys and Girls Clubs of Martin County and Martin County - $1,350

Caring Children Clothing Children (4Cs) - $1,500

House of Hope - $1,250

Martin County 4-H Foundation Inc. - $1,250

School Board of Martin County, Warfield Extended Day - $1,250

YMCA of the Treasure Coast - $3,400

Purpose of the Agreement/Contract: Yearly awards per the

recommendation of the Indiantown Community Trust Fund Advisory

Committee.

New/Renewal/Modified: New awards for Fiscal Year 18

Duration: One year from October 1, 2017 through September 30, 2018.

Benefits to Martin County: Benefit to the Indiantown community.

Cost to Martin County: Staff time to administer the grant.

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ALTERNATIVE ACTION: Programmatic Implication if not approved – None

Financial Fiscal impact if not approved – None

DOCUMENTS REQUIRING ACTION: Grant contracts for awarded agencies.

RECOMMENDATION: Move that the Board approve the Indiantown Community Trust Fund Grant

Awards for 2017/18 Fiscal Year and;

Move that the Board authorize the Chair to execute the grant contracts with

the awarded organization and;

Move that the Board authorize the County Administrator or designee to

execute the Indiantown Trust Fund Grant awards as well as any non-

monetary grant related documents upon review and concurrence of the

County Attorney’s Office.

APPROVED AS TO FORM & LEGAL SUFFICIENCY

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Office of Management and Budget - Supplemental Memo Attachments

Item #1 - PERMISSION TO ACCEPT THE STATE OF FLORIDA, DIVISION OF EMERGENCY

MANAGEMENT HAZARD ANALYSIS GRANT FOR FISCAL YEAR 2018

DOCUMENTS REQUIRING ACTION: Grant Contract (4 Copies) Budget Resolution

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Dan Wouters, Division Chief 800 SE Monterey RoadStuart, FL 34994

[email protected]

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Doug Smith, Chairman

59-60000743-093

BOARD OF COUNTY COMMISSIONERSMARTIN COUNTY, FLORIDA

ATTEST:

__________________________________________CAROLYN TIMMANNCLERK OF THE CIRCUIT COURTAND COMPTROLLER

APPROVED AS TO FORM AND LEGAL SUFFICIENCY:

_________________________________________SARAH WOODS, COUNTY ATTORNEY

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sferrara

Text Box

sferrara

Text Box

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Appropriations of unanticipated funds must be appropriated in accordance with Section 129.06(2)(d), F.S.;

NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA, THAT THESE

AMOUNT LINE ITEM DESCRIPTION

Fund Organization Account Program Activity

REVENUES:

13734 4012 33420 000 9434 $4,013.00 State Grants / Public Safety

TOTAL: $4,013.00

APPROPRIATIONS:

13734 4012 02600 526 9434 $4,013.00 Salary/Fringe Chargebacks

TOTAL: $4,013.00

ATTEST: BOARD OF COUNTY COMMISSIONERS

MARTIN COUNTY, FLORIDA

Carolyn Timmann, Clerk of the Circuit Court and Comptroller Doug Smith, Chairman

APPROVED AS TO FORM AND LEGAL SUFFICIENCY:

22-Aug-17 4B2Agenda Date Sarah Woods, County Attorney

Batch Number

BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA

The State of Florida, Division of Emergency Management, is awarding grant funds, under the Florida Hazardous

Materials Planning and Prevention Program, to update and maintain information and analysis of potential hazards

associated with extremely hazardous substances at sites throughout the County, and

Input Date

RESOLUTION INCREASING THE HAZMAT ANALYSIS #18-CP-11-10-53-01-XXX FUND REVENUES AND APPROPRIATIONS

WHEREAS,

WHEREAS,

WHEREAS,

ACCOUNT NUMBER

Martin County will be reimbursed for costs to inspect 37 sites, under Contract 18-CP-11-10-53-01-XXX an amount

not to exceed $4,013, with no match required, and

RECEIPTS AND APPROPRIATIONS BE ADDED TO THE BUDGET AS FOLLOWS:

RESOLUTION NUMBER

DULY PASSED AND ADOPTED THIS 22nd DAY OF AUGUST, 2017

Item Number

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Office of Management and Budget - Supplemental Memo Attachments

Item #2 - REQUEST TO APPROVE THE INDIANTOWN COMMUNITY TRUST FUND (ICTF) GRANT FOR

FY18

DOCUMENTS REQUIRING ACTION: Grant contracts for awarded agencies

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INDIANTOWN COMMUNITY TRUST FUND APPLICATIONS

Amount Available for FY 2017/2018: $10,000

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ORGANIZATION PROJECT DESCRIPTION Amount Requested

Comments Recommended Funding

(1) Boys and Girls Clubs of Martin County

The grant will be used to implement a specialized math program at the Boys and Girls Club called By The Numbers in which certified teachers will provided individualized instruction helping children comprehend math concepts and techniques being taught in school so they can improve math skills and academic performance

$2,700 The Committee recommended partial funding (50% of request)

$1,350

(2) Caring Children Clothing Children (4Cs)

The 4Cs provide shoes for 1000 Indiantown children up to 3 times per year at a cost of $45,000 annually. They are requesting $3,000 to assist with these costs. This money will put shoes on 200 children from Indiantown. Also many Warfield Elementary s are unable to participate in Physical Education classes because they do not have PE shoes. The 4Cs partner with Warfield Elementary and $750 of the grant would purchase 50 pairs of sneakers to keep in the gym class lending closet.


$1,500

(3) House of Hope The Indiantown House of Hope branch provides the Client Choice Pantry which provides local residents with nutritionally balanced food, and the Basic Needs Assistance/Information and Referral/Access to Health Care. House of Hope, if awarded, will be allocated to monthly rent expense for the Indiantown full service center.


$1,250

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INDIANTOWN COMMUNITY TRUST FUND APPLICATIONS

Amount Available for FY 2017/2018: $10,000

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(4) Martin County 4-H Foundation Inc.

Funding is requested for 4-H participants for the following:Pay entry fees into the Martin County Fair -$540Pay for uniforms for the club members - $500Miscellaneous craft and club fees - $210Education Trip to University of Florida, a local dairy and another farm TBD - $500Send three kids to 4H University - $750.00


$1,250

(5) School Board of Martin County, Warfield Extended Day

To assist parents in need of child care who cannot afford the enrollment fees. $2,500 would provide enrollment fees for approximately 27+ children. This funding will help parents who can afford the weekly fee, but cannot afford the initial enrollment fees.


$1,250

(6) YMCA of the Treasure Coast Grant funds to be used for the YMCA Summer Camp and Swim Lesson expenses.

$6,500 The Committee recommended partial funding $3,400

TOTAL REQUESTED $19,700 $10,000

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GRANT CONTRACT

This Contract made as of October 1, 2017 by and between Martin County, a political subdivision of the State of Florida, (hereinafter referred to as the "County") and___________________, a not-for profit corporation authorized to operate in Florida, (hereinafter referred to as the "Recipient").

BACKGROUND:

1. Recipient has applied to the County for a grant of money ("Grant") beginning October 1, 2017 and ending on September 30, 2018 upon approval of the award on the terms and conditions set forth herein.

2. The County has agreed to provide such Grant funds in the amount of $_______ for the Grant Period on the terms and conditions set forth herein.

NOW, THEREFORE, in accordance with the mutual covenants hereinafter contained and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows:

1.0 Disbursement and Use of Funds

1.1 Disbursements for the Grant Period will be made on a reimbursement basis only, in accordance with the schedule set forth in Exhibit "A" attached hereto and incorporated herein by this reference.

1.2 The Grant shall only be used for the purposes set forth in the Grant Application, attached as Exhibit "B" and incorporated herein by this reference.

1.3 The recipient shall maintain adequate internal controls in order to Safeguard the Grant.

1.4 If the Recipient cannot use all or any portion of the Grant after theGrant has been disbursed, then all unused funds must be promptly returned to the County.

1.5 On an annual basis, the Recipient shall submit to the County either:a) an Audit Report if grant funds exceed $50,000; b) a Review Report if grant funds are between $25,000 to $50,000 (or

an Audit Report if available); or c) a Compilation Report if grant funds are below $25,000 as each of

the foregoing terms is defined by the American Institute of Certified Public Accountants (AICPA).

1.6 In the event the Audit Report, Review Report, Compilation Report, orfinancial records reveal that the Grant funds were not used for the

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purposes set forth in the Grant Application, then the County may require the Recipient to return all unused funds and reimburse the County for

improperly used funds.

1.7 The Recipient shall maintain adequate records to fully document the use of the Grant funds for at least three (3) years after the completion of this Contract. The County shall have access to books, records, and documentsas required in this Section for the purpose of inspection or audit during normal business hours, at the County's expense, upon five (5) days priorwritten notice.

1.8 The Recipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations, including but not limited to, the provisionsof Chapter 119, Fla. Stat. (Public Records Law) and shall provide access topublic records in accordance with Sec. 119.0701, Fla. Stat.

1.9 Reports

The recipient shall submit Quarterly Performance Reports to the Countywithin fifteen (15) business days following: December 31, March 31,June 30, and September 30.

The recipient shall submit an Annual Performance Report, for the Grant Period by December 1.

1.10 Transfer Of Funds Between Budget Categories

Recipient may transfer funds between budget categories as long as thetotal amount of transfer (increase or decrease) does not exceed ten (10)percent of the total approved budget category and the transfer is madeto an approved budget line item.

1.11 Prior Written Approval Of Changes To The Contract

Recipients shall obtain prior written approval from the County for the following changes to the items set forth in Exhibit B and failure tocomply shall be cause for the County to terminate this contract pursuant to Section 4.0 hereof:

a. Change in project activities, or plans set forth in the approved GrantApplication;

b. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the County Administrator or hisdesignee.

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c. Under no circumstances can transfers of funds increase the totalbudgeted award. Transfers do not allow for increasing thequantitative number of items documented in any approved budget line item. (For example, equipment items in Operating Capital Outlay or Expense categories or staff positions in the Salaries and Benefits category.)

2.0 Indemnification

2.1 The Recipient shall indemnify and save harmless and defend the County, its agents, servants, and employees from and against any and all claims,liability, losses, or causes of action which may arise from any misconduct,negligent act, or omissions of the Recipient, its agents, servants or

employees in the performance of services under this Contract.

3.0 Availability of Funds

3.1 The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board ofCounty Commissioners of Martin County.

4.0 Termination

4.1 This Contract may be terminated by either party in the event of a substantial failure by the other party to perform in accordance with the terms of the Contract upon thirty (30) days prior written notice.

4.2 In the event the County terminates this Contract, the Recipient shall returnall funds not used as of the date of termination to the County within ten (10)calendar days.

5.0 Notices

5.1 Any notice, request, demand, consent, approval or other communicationrequired or permitted by this Contract shall be given or made in writingand shall be served, as elected by the party giving such notice, by any of the following methods:(i) Hand delivery to the other party; or(ii) Delivery by commercial overnight courier service; or(iii) Mailed by registered or certified mail (postage prepaid), return receipt

requested.

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5.2 For purposes of notice the addresses are as follows:

Recipient: County:

Martin County Administrator2401 S.E. Monterey Rd.Stuart, FL 34996

With Required Copies to:County Attorney

Contact: 2401 S.E. Monterey Rd.Stuart, FL 34996

andOffice of Budget and Finance2401 S.E. Monterey Rd.Stuart, FL 34996

5.3 Notice given in accordance with the provisions of this paragraph shall bedeemed to be delivered and effective on the date of hand delivery or on thesecond day after the date of the deposit with an overnight courier or on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not delivered as the case maybe if mailed.

6.0 Successors and Assigns

6.1 The County and the Recipient each binds itself and its respective successors, administrators and assigns to the other party of this Contract and to thesuccessors, administrators and assigns of such other party.

6.2 Neither party shall assign or transfer its interest in this Contract withoutthe prior written consent of the other, which consent shall not beunreasonably withheld. Nothing herein shall be construed as creating anypersonal liability on the part of any officer or agent of the County which maybe a party hereto, nor shall it be construed as giving any rights or benefitshereunder to anyone other than the County or the Recipient.

7.0 Remedies, Choice of Law, and Enforcement Costs

7.1 This Contract shall be governed by the laws of the State of Florida and any and all legal action instituted because of this Contract shall be instituted inMartin County.

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7.2 No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partialexercise by any party or any right,power, or remedy hereunder shall precludeany other or further exercise thereof.

7.3 If any legal action or other proceeding is brought for the enforcement of thisContract or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the parties expressly agree that each party will bear its own attorney’s fees.

7.4 The parties expressly and specifically waive the right to a jury trial as to any issues in any way connected to this Contract.

8.0 Nondiscrimination

The Recipient warrants and represents that all of its employees are treated equallyduring employment without regard to race, color, religion, physical handicap, sex, age, national origin or ancestry.

9.0 Entirety of Contract

This Contract incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters containedherein and the parties agree that there are no commitments, agreements, or under-standings concerning the subject matter of this Contract that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be based upon any prior representations or agreements, whether oral orwritten. It is further agreed that no modification, amendment or alterationin the terms and conditions contained herein shall be effective unless contained inwritten document executed with the formality and of equal dignity herewith.

10.0 Severability

If any term or provision of this Contract or the application thereof to any person orcircumstance shall, to any extent, be held invalid or unenforceable for the remain-der of this Contract, then the application of such term or provision to persons orcircumstances other than those as to which it is held invalid or unenforceable shallnot be affected, and every other term and provision of this Contract shall be deemedvalid and enforceable to the extent permitted by law.

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11.0 Captions

Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of this Contract Provision.

IN WITNESS WHEREOF, the parties have caused the execution of this Contract by their duly authorized officials as of the day and year first written above.

ATTEST: MARTIN COUNTY BOARD OFCOUNTY COMMISSIONERS

CAROLYN TIMMANN DOUG SMITH, CHAIRMANCLERK OF THE CIRCUIT COURT ANDCOMPTROLLER

APPROVED AS TO FORM ANDLEGAL SUFFICIENCY:

SARAH W. WOODCOUNTY ATTORNEY

RECIPIENT

BY:

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CORPORATE ACKNOWLEDGMENT (NON-PROFIT)

STATE OF FLORIDACOUNTY OF MARTIN

The foregoing instrument was acknowledged before me this day of ________________2017, by______________, as ___________________of ________________ a Florida not for profit corporation, on behalf of the corporation. He/She is personally known to me or has produced a driver's license issued within the past 5 years as identification.

NOTARY PUBLIC SEAL

Notary Public, State of Florida

___________________________________ (Printed, Typed or Stamped Name of

Notary Public)

Commission No.:

My Commission Expires:

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EXHIBIT "A"

DISBURSEMENT SCHEDULE

Disbursement of funds in the amount of $______ to fund_________________________, will be made on a reimbursement basis only. Disbursement of funds will be made upon receipt of proof of payment or other receipts demonstrating expenditure of the amounts requested for reimbursement. Reimbursement may be requested no more than one time per month during the grant period.

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EXHIBIT “B”

APPLICANT’S APPLICATION

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4b2 · and the indiantown cogeneration plan dated july 23, 1991 established a trust in ......

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