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Home My WebLink AboutAgenda Packet 04.21.2015T. ® I I COUNTY F LORI D A BOARD OF COUNTY COMMISSIONERS AGENDA ST LUCIE COUNTY Regular Meeting Tuesday, April 21, 2015 9:00 AM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 COUNTY COMMISSION MEMBERS District No. 3, Chair PAULA A. LEWIS District No. 5, Vice -Chair KIM JOHNSON District No. 1 CHRIS DZADOVSKY District No. 4 FRANNIE HUTCHINSON District No. 2 TOD MOWERY Mission Statement To provide service, infrastructure and leadership necessary to advance a safe and sustainable community, maintain a high quality of life, and protect the natural environment for all our citizens Generated 412012015 3:47 PM Regular Meeting Tuesday, April 21, 2015 9:00 AM WELCOME All meetings are televised. All meetings provided with wireless internet access for public convenience. Please turn off all cell phones and pagers prior to entering the commission chambers. Please mute the volume on all laptops and PDAs while in use in the commission chambers. GENERAL RULES AND PROCEDURES —Attached is the agenda, which will determine the order of business conducted at today's Board meeting. INVOCATION -PLEDGE — To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items may be heard on the first Tuesday at 6:00 P.M. or as soon thereafter as possible and on a third Tuesday at 9:00 A.M. or as soon thereafter as possible, these time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allocated at the beginning of each meeting for the general public comment. Please limit comments to three minutes. DECORUM — Please be respectful of others' opinions. MEETINGS — All Board meetings are open to the public and are held on the first and third Tuesdays of each month; the first Tuesday at 6:00 P.M. and the third Tuesday at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the Safety & Risk Manager at (772) 462-1783 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. 2 1 P a g E Regular Meeting Tuesday, April 21, 2015 9:00 AM I. CALL TO ORDER II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF THE MINUTES Board of County Commissioners minutes for the meeting of Tuesday, April 07, 2015 V. PUBLIC COMMENT (excluding Public Hearing items) VI. PROCLAMATIONS APPROVAL 1. Resolution Proclaiming the Week of April 19-25, 2015 as "Crime Victims' Rights Week" in St. Lucie County, Florida. 2. Resolution Recognizing Gwenda Thompson for her Contributions to the Economic Vitality of Communities in St. Lucie County, Florida 3. Resolution Proclaiming May 2, 2015 as "Girl Scout STEM Day" in St. Lucie County, Florida. 4. Resolution proclaiming April 2015 as "CHILD ABUSE PREVENTION MONTH" in St. Lucie County, Florida. Add -On VII. PRESENTATIONS 1. IRSC Capstone Presentation, Corine Williams- Coordinator of Transit 2. Budget Update, Asheley Hepburn- Office of Management & Budget Director Pulled Prior to Meeting 3. Preserve Projects Update, Amy Griffin- Environmental Regulations Manager 4. Income Transparency, David Campbell Vill. CONSENT AGENDA A. WARRANTS Warrant List Numbers 25, 26 & 27 B. ADMINISTRATION 3 1 P a g e Regular Meeting Tuesday, April 21, 2015 9:00 AM There are no items scheduled. C. COUNTY ATTORNEY 1. Revocable License Agreement - Rolland and Cheryl Neve Fence in Gopher Hill Road right-of-way (Parcel ID 3403-701-0091-000-2) Staff recommends that the Board approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and direct Mr. and Mrs. Neve to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. 2. Resolution - In support of a 3% cap on growth in individual county medicaid costs under Section 409.915, F.S., to establish the anticipated cost shifts that result from the transition to a Medicaid enrollee based cost -sharing system. Staff recommends Board approval of the resolution and authorization for the Chair to sign the resolution. 3. Resolution Proclaiming April 19, 2015 as "Patriot's Day" in St. Lucie County, Florida. D. COMMUNITY SERVICES 1. Modification of Community Services Block Grant (CSBG) Staff recommends Board approval of the FY15 CSBG modification (15SB-OD-12-00-01- 023) and Resolution and authorization for the Chair to sign documents as approved by the County Attorney. 2. St. Lucie County Affordable Housing Advisory Committee (AHAC) - 2014 Incentives Review and Recommendation Report Staff recommends approval of the Resolution accepting the St. Lucie County AHAC 2015 Incentives Review and Recommendation Report, and authorization for the Chair to sign documents as approved by the County Attorney. E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES 1. Boy Scouts of America, Gulfstream Council, Facility Use Agreement Staff recommends approval of the Facility Use Agreement between the St. Lucie County, Gulfstream Council of the Boy Scouts of America, and Florida Communities Trust and authorization for the Chair to sign documents as approved by the County Attorney. 4 1 P a g e Regular Meeting Tuesday, April 21, 2015 9:00 AM 2. Use of Proceeds from Environmental Resources Department Surplus Equipment Sale for Becker House Improvements Staff recommends the Board of County Commissioners authorize the Chair to sign this Budget Resolution enabling funds from the sale of surplus equipment to be used for improvements to the "Becker House" located at the Becker Preserve, 3398 Selvitz Road, Fort Pierce, FL. G. HUMAN RESOURCES There are no items scheduled. H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES Harbor Branch Marsh Restoration Project - Amendment No. 3 to Contract with Florida Fish & Wildlife Conservation Commission Staff recommends Board approval of the Third Amendment to Florida Fish and Wildlife Conservation Commission Contract 12395 for the Harbor Branch Marsh Restoration project and authorization for the Chair to sign documents as approved by the County Attorney. OFFICE OF MANAGEMENT & BUDGET 1. Removal of Fixed Assets from Inventory Staff recommends Board authorization to remove fixed assets as reflected on the attached property inventory lists from the Capital Asset inventories of St. Lucie County Board of County Commissioners, St. Lucie County Clerk of Court, Court Administration, St. Lucie County Property Appraiser and St. Lucie County Supervisor of Elections. 2. Request for Qualifications (RFQ) No. 15-003 - Approval of Short -Listed Firms for Airport Engineering Services Staff recommends Board approval of the short-listed firms for Airport Engineering Services - Continuing Contract and permission to: Conduct contract negotiations with the successful short-listed firms; If negotiations are successful, award contract to the successful short-listed firms and authorization for the Chair to sign the documents as prepared by the County Attorney; Cancel the current continuing contracts C07-04-251 AECOM Technical Services, C07-04-213 Michael Baker Inc. and C07-04-267 Adkins North America. 3. Award of RFP No. 15-022 - Yard Waste Processing & Recycling Services Pulled Prior to J. PARKS, RECREATION & FACILITIES 5 1 P a g e Regular Meeting Tuesday, April 21, 2015 9:00 AM 1. Lincoln Park Regional Park Pavilion - Purchase and Installation Staff recommends Board authorization to piggyback Clay County's contract with Rep Services, Inc. to purchase and install two new pavilions at Lincoln Park Regional Park at a cost of $62,301.00, as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. 2. White City Park Pavilion - Purchase and Installation Staff recommends Board authorization to piggyback Clay County's contract with Rep Services, Inc. and to purchase and install a new pavilion at White City Park at a cost of 18,607.50, as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. 3. Pepper Park Pavilion - Purchase and Installation Staff recommends Board authorization to piggyback Clay County's contract with Rep Services, Inc. and to purchase and install a pavilion at Pepper Park at a cost of $16,375.20, as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. K. PLANNING & DEVELOPMENT SERVICES There are no items scheduled. L. PUBLIC SAFETY & COMMUNICATIONS National Weather Service Weather Radio Transmitter Memorandum of Understanding to Continue Hosting Staff recommends Board approval of the Memorandum of Understanding concerning hosting the National Weather Service (NWS) 300 watt weather radio transmitter at Rock Road and authorization for the Chair to sign as approved by the County Attorney. M. PUBLIC WORKS 1. Grant Acceptance for Artificial Reef Construction 2015 Staff recommends Board approval of a grant from the Florida Fish & Wildlife Conservation Commission (Agreement #14023) in the amount of $60,000 and supporting resolution for the construction of a 1,500 ton offshore artificial reef; and approval for the Chair to sign the agreement as approved by the County Attorney. 2. 2nd St Reconstruction Project - Ardaman & Assoc Work Authorization No. 25 (Soil and Water Testing Services) Staff recommends Board approval of Work Authorization No. 25 with Ardaman & Associates, Inc. for geotechnical testing for the North 2nd Street Reconstruction Project in the amount of $85,200, and authorization for the Chair to execute the contract as approved by the County Attorney. 6 1 P a g e Regular Meeting Tuesday, April 21, 2015 9:00 AM 3. Southern Oaks, Meadowood, and Palm Grove Street Lighting Districts Authorization to Advertise Public Hearings Staff recommends Board authorization to advertise public hearings for the Southern Oaks, Meadowood, and Palm Grove Street Lighting Districts to be held on June 2, 2015 at 6:00 p.m. or as soon thereafter as may be heard. 4. Carriage Pointe - Final Acceptance of Repairs to Selvitz Road Staff recommends Board approval of final acceptance for the repairs to Selvitz Road and authorization of the release of surety in the amount of $12,563.75. 5. Christensen Road at Canal 102 - Cured -in -Place Pipe Liner Acceptance of Project Staff recommends Board approval of Christensen Road at NSLRWCD Canal 102 Cured -in - Place Pipe Liner. N. SHERIFF'S OFFICE There are no items scheduled. O. SOLID WASTE There are no items scheduled. There are no items scheduled. Q. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. There are no items scheduled. IX. PUBLIC HEARINGS A. COUNTY ATTORNEY Proposed Amendments to Alarm Ordinance - Continuation of Public Hearing Staff recommends that the Board of County Commissioners continue the April 21, 2015 public hearing to May 19, 2015 at 9:00 a.m. or as soon thereafter as may be heard. B. OFFICE OF MANAGEMENT & BUDGET 7 1 P a g e Regular Meeting Tuesday, April 21, 2015 9:00 AM Amendment to the Fiscal Year 2014-2015 Budget Staff recommends Board approval of Budget Resolution amending the fiscal year 2014- 2015 budget. X. REGULAR AGENDA A. COUNTY ATTORNEY 1. Protest - RFQ No. 14-057 - Utilization of a Conversion Facility to Process Municipal Solid Waste for St. Lucie County - Appeal Filed by VASST/Barker The County Administrator recommends that the Board deny the protest filed by VASST for the reasons set forth in the Purchasing Manager's letter dated April 2, 2015 (Exhibit "H")-i.e., the protest was not filed in time to comply with Section 11.1 of the Purchasing Manual. 2. Award - RFQ No. 14-057 - Utilization of a Conversion Facility to Process Municipal Solid Waste for St. Lucie County Staff recommends Board approval of the short-listed firms for RFQ No. 14-057 and permission to: Negotiate with highest ranked firm; If negotiations are successful, staff shall present a draft contract to the Board for review and approval If negotiations are unsuccessful, terminate negotiations with the first ranked firm and begin negotiations with the second ranked firm. B. PLANNING & DEVELOPMENT SERVICES Resolution - Recognizing the 300th Anniversary of the 1715 Spanish Fleet Shipwrecks off the Shores of the Treasure Coast Staff, in collaboration with IRSC Capstone Student Stephanie Heidt, recommends the Commission approve the resolution recognizing the 300th anniversary of the tragic wrecking of the 1715 Spanish Fleet and directing staff to evaluate the feasibility of a monument to be erected marking the wreckage of the Nuestra Senora de las Nieves. 8 1 P a g e Regular Meeting Tuesday, April 21, 2015 9:00 AM XI. ANNOUNCEMENTS 1. The Board of County Commissioners will hold a Regular Board meeting on May 5, 2015 at 6pm in the County Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 2. The Master Gardener Spring into Gardening Festival will be held on Saturday, May 9, 2015 from 8am-2pm. There will be plant vendors, horticulture merchants, plant fashion show, garden tours and Taste of the Tropics. The festival will be held at the Extension office, 8400 Picos Road, Fort Pierce. Call 772-462-1660 or http://stlucie.ifas.ufl.edu for additional information.) 3. The Board of County Commissioners will hold an Informal meeting on May 12, 2015 at gam in Conference Room #3. 4. The Board of County Commissioners will hold a Joint meeting with the City of Ft. Pierce regarding the Port of Fort Pierce on May 15, 2015 at 2pm in the County Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 5. The Board of County Commissioners will hold a Regular Board meeting on May 19, 2015 at gam in the County Commission Chambers of the Roger Poitras Administration Annex located at 2300 Virginia Avenue, Fort Pierce, FL. 6. County Offices will be closed on May 25, 2015 in observance of Memorial Day. XII. MOTION TO ADJOURN 9 1 P a g e S■TkaL■(di 1 E COUNTY F L o R r D A BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA Regular Meeting April 7, 2015 Convened: 6:00 PM Adjourned: 9:10 PM I. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 3, Chair Paula A. Lewis Attendee Name I Title Status Arrived District No. 3, Chair Present 6:00 PM District No. 5, Vice -Chair Present 6:00 PM District No. 1 Present 6:00 PM District No. 4 Present 6:00 PM District No. 2 Present 6:00 PM Paula A. Lewis Kim Johnson Chris Dzadovsky Frannie Hutchinson Tod Mowery Daniel S. McIntyre County Attorney Present 6:00 PM Howard Tipton Administrator Present 6:00 PM Bob Bentkofsky Deputy Administrator Present 6:00 PM Heather Young Asst. County Attorney Present 6:00 PM Katherine Barbieri Asst. County Attorney Present 6:00 PM Edward Matthews Parks, Recreation & Facilities Director Present 6:00 PM Don West Public Works Director Present 6:00 PM Laurie Waldie Utility Director Present 6:00 PM Beth Ryder Community Services Director Present 6:00 PM Sherry Burroughs Mosquito Control and Coastal Mgt. Serv. Director Present 6:00 PM Mark Satterlee Planning & Dev Director Present 6:00 PM Ron Roberts Solid Waste Director Present 6:00 PM Kelly Phelan Executive Assistant to the County Administrator Present 6:00 PM Sue Korunow Clerk to the Board Present 6:00 PM Generated 411312015 11:39 AM Packet Pg. 10 Regular Meeting Tuesday, April 7, 2015 6:00 PM II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF THE MINUTES There are no items scheduled. V. PUBLIC COMMENT (excluding Public Hearing items) The following comments pertain to the elimination of the Tennis Program at Lawnwood Stadium and the choice to not accept the bid of Coach Don Pritchard's proposal for the current year's Tennis Program. All were in support of the Tennis Program and Coach Pritchard's training abilities. They requested the County renegotiate, perhaps put another RFP out for bid and allow additional submissions by the Coach and/or others in order to continue the much needed and appreciated program. Those who spoke were as follows: Barbara Ball Tanya Fender Renee Adderly-Clark Richard Silvestri, 5708 Buchanan Drive, Vice President of the Treasure Coast Progressive Alliance - thanked the Board for passing the resolution last week in support of the two bills in Tallahassee to ban fracking for oil and gas. He encouraged people from other counties to go to their Board of County Commissioners and ask for a resolution in support of a ban on fracking for natural gas and oil in Florida. He commented on the serious threat it poses to drinking water and the scientific reports which substantiate not only the harm to water sources but also humans, wildlife and farm animals. Adman Alguita, Structural Engineer & Contractor for the Jail at Rock Road - stated he was chosen as the contractor to work on the Rock Road Jail about 10 years ago as the lowest bidder, on the approximately $600,000 contract, it was completed on time at a loss of about $100,000 yet he made sure the quality was done right. When the project was complete he stated he was handed a statement which placed him on St. Lucie County's "Black List" and took away his ability to bid on any county contracts. When he asked the reason why he was told it was due to him not putting in enough insulation over the styrofoam. He then talked about interacting with County Administrators and being told the reason for being Black Listed as well as Sheriff Mascara. He demanded an investigation be made into why he was placed on the Black List and to have his good name restored. Commissioner Lewis asked County Attorney for direction on the matter due to the seriousness of the charges being made. County Attorney recommended a review of the specifics Mr. Alguita has made and additional review with the County Administrator, noting a response cannot be formed without the facts in front of them. Michael Jaguin, P.O. Box 4343, Fort Pierce, FL - spoke on the County's decision to allocate funds from the Emergency Reserve Fund towards the battle against All Aboard Florida (AAF). He asked what the goal St. Lucie County and the other counties are trying to accomplish when they say they're going to sue AAF. He feels there is some consideration for putting a station in St. Lucie County if the AAF project does move forward and encouraged the Board to think on that possibility. w z w x w 0 J a 0 W a a - a 2 1 P a g e Packet Pg. 11 Regular Meeting Tuesday, April 7, 2015 6:00 PM Commissioner Lewis informed Mr. Jaquin the Board would be having an Informal Meeting where the AAF Issue and it's legal ramifications will be discussed she then invited him to attend and if he has any specific questions he can submit them to her office and she will see what she can do about getting him some answers. John Arena, Fort Pierce - spoke on reasons why St. Lucie County shouldn't go with a cargo port and stated he had been giving reasons why it should not happen for 20 years but it looks like it will unless a lot of people come forward. The Colonel located at the Jacksonville office has been there too long and needs to be retired, stating he needs to be replaced by a man or a woman with environmental understanding. During October 2014 a dredge ship, perhaps 300 ft long was working in our harbor, there was silt and perhaps a 1000 tons of w muck from Taylor Creek to be removed. One third of it went north and south for some 8 miles into the Indian River Lagoon, one third of it was discharged through the inlet into our coastal waters and one third of it was Z brought a few miles off shore and disposed of into the ocean. He has been listening to 97.1FM for years, w recently for a month or so he was only able to get Spanish speaking stations on both sides of 97.1. He reported P it to the FCC and was told they were probably pirates stations. Within a few days his stations came in clear. He p then commented on rooftop solar electric and how it was taking off in parts of the county, he stated if the a Board installed a system on the roof, as he had suggested some 5 years ago, it could be demonstrated to developers and planners and perhaps spark a thriving industry in St. Lucie County. a a a VI. PROCLAMATIONS APPROVAL 1. Resolution - Adoption of a resolution proclaiming April 7, 2015 as "National Day of Service Recognition" in St. Lucie County, Florida. Commissioner Lewis presented the proclamation to Americorp volunteers Pat Crew, reading tutor at White City Elementary grades 1-3; Thelma Kelvey, reading tutor at Savannah Ridge Elementary grades K-3; Angel Lewis, reading tutor, Savannah Ridge Elementary; Julie Faswell, reading tutor at Pelican Island Elementary in Sebastian. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 2. Resolution - Adoption of a resolution proclaiming the Month of April 2015 as "National Autism Awareness Month" in St. Lucie County, Florida. Commissioner Lewis presented the proclamation to Helping People Succeed President/CEO Suzy Hutcheson and Adrienne Moore. Ms. Hutcheson provided information on the program, statistics and available services. She talked of a new, larger facility which will be opened in the next year and thanked the Board for the proclamation while reminding the audience that people who are affected by autism must deal with day in and day out, not just this month. She provided a handout to the Board for permanent record. 3 1 P a g e Packet Pg. 12 Regular Meeting Tuesday, April 7, 2015 6:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5, Vice -Chair SECONDER: Tod Mowery, District No. 2 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 3. Resolution - Adoption of a resolution proclaiming April 11, 2015 as "Children's Day" and April 12, 2015 as "Parents' and Children's Day" in St. Lucie County, Florida. Commissioner Lewis presented Early Learning Coalition of St. Lucie County CEO Tony Loupe with the proclamation. Mr. Loupe provided background history on Children's Day and Parents' and Children's Day as well as information regarding the Early Learning Coalition. He provided statistics on how important it is to have the support of family in a child's life and announced the 9th Annual Family Fun Fair - "Storybook Stations" - a free event to be held at the Lawnwood Stadium on April 11th. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5, Vice -Chair SECONDER: Tod Mowery, District No. 2 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 4. Resolution - Adoption of a resolution proclaiming the Month of April 2015 as "Guardian ad Litem Month" in St. Lucie County, Florida. Commissioner Lewis presented the proclamation to Circuit Director of Guardian Ad Litem H.L. "Vern" Melvin. Mr. Melvin provided background information on the program and the status of St. Lucie County children in the program. He asked volunteers in attendance to introduce themselves. Volunteers in attendance were as follows: Felicia Bruce; Dr. Elizabeth Lambertson, former administrator in St. Lucie County; Janet Bufugi; Leslie Walker - spouse of a staff member; Omar Walker, volunteer recruiter; Charlie Cumo - retired educator in St. Lucie County. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5, Vice -Chair SECONDER: Chris Dzadovsky, District No. 1 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery VII. PRESENTATIONS At this time Commissioner Lewis announced the following changes to the Agenda: Item VII. "The Airport Business & Marketing Plan" presentation has been moved to the Regular Agenda. Item VIIIK2. "Airport Business and Marketing Plan" on the Consent Agenda has been moved to the Regular Agenda and will be discussed with the presentation. Item VIIIJ2. "Waiver for Independent Haitian Assembly of God & Van Duzer Foundation Fundraiser" was added to the Consent Agenda. in w F_ z 2 w x F_ LL O J Q O W a a Q 4 1 Packet Pg. 13 Regular Meeting Tuesday, April 7, 2015 6:00 PM Airport Business & Marketing Plan - John Wiatrak, Airport Manager This item was moved to the Regular Agenda. VIII. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery A. WARRANTS Warrant List Number 25 B. ADMINISTRATION There are no items scheduled. C. COUNTY ATTORNEY 1. Permission to Advertise - Alarm Ordinance Amendments 2. Logistics Center - Facilities Use Agreement with Positive Mind and Body Support Group Network, Inc. 3. Scrivener's Error Correction to January 6, 2015 BOCC Meeting Minutes D. COMMUNITY SERVICES There are no items scheduled. E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. G. HUMAN RESOURCES There are no items scheduled. H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES 5 1 P a g e Packet Pg. 14 Regular Meeting Tuesday, April 7, 2015 6:00 PM J K. L. There are no items scheduled. OFFICE OF MANAGEMENT & BUDGET Award of RFP No. 15-022 - Processing & Recycling Services for Yard Waste PARKS, RECREATION & FACILITIES 1. Award Bid No. 15-021 - LED Electronic Sign for the St. Lucie County Fairgrounds 2. Waiver of Facility Rental Fees & Equipment Fee for Independent Haitian Assembly of w God ~ z_ PLANNING & DEVELOPMENT SERVICES w 1 2 x Award of Invitation to Bid (ITB) No.15-007 - Customs Building Renovation at the St Lucie o County International Airport a St. Lucie County International Airport - Acceptance of Business and Marketing Plans W a This item was moved to the Regular Agenda for discussion with the Airport Business & a Marketing Plan Presentation. A vote will be conducted at that time. S PUBLIC SAFETY & COMMUNICATIONS There are no items scheduled. M. PUBLIC WORKS 1. Award of Bid No. 15-025 - Signal Maintenance & Master Construction Contract 2. Auto Partners III Inc. - Fee -in -Lieu of Agreement (Sidewalk Construction) 3. Additions to Stormwater Capital Improvements Plan (CIP) - Culvert Improvements 4. Jenkins Park/Starcher Municipal Services Benefit Unit - Initial Assessment Resolution N. SHERIFF'S OFFICE Authorization to Submit an Electronic Application for the 2015 State Criminal Alien Assistance Program (SCAAP) Grant O. SOLID WASTE Replacement of Temporary Agency ("Manpower") Employees with Regular County Employees for the Single Stream Recycling Facility 6 1 P a g e Packet Pg. 15 Regular Meeting Tuesday, April 7, 2015 6:00 PM IX. There are no items scheduled. Q. TRANSPORTATION PLANNING ORGANIZATION 1. Federal Transit Administration (FTA) Notification of Funding for FY 14/15 2. Federal Metropolitan Planning (PL) Grant - Fourth Authorization for FY 14/15 R. UTILITIES There are no items scheduled. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES 1. Major Adjustment to the Avalon Beach Planned Unit Development Site Plan Planning & Development Services Senior Planner provided a presentation and background information on the Avalon Beach PUD Major Adjustment. The intent of the adjustment is to allow larger homes to be constructed on the Riverside lots. Staff has determined the proposed modification to the Planned Unit Development site plan is in substantial conformity with the original approval and meets the provisions for a Major Adjustment to a PUD in Land Development Code in Section 11.02.05(F), subject to recommended conditions of approval. Staff recommended Board approval of the Major Adjustment to the Avalon Beach PUD, subject to recommended conditions of approval. Public Comment: Applicant representative, Lee Dobbins of Dean Mead Law Firm provided additional background information and answered questions from the Board. Commissioner Mowery commented on the fees scale vs. Items required by the applicant stating perhaps they are a bit confusing and not quite in sync with each other. Planning & Development Services Director spoke noting perhaps there should be some flexibility in the fee schedule based upon the amount of items submitted. Further discussion ensued and it was determined it was an item which would be more appropriately discussed at an Informal Meeting. It was noted this was a quasi-judicial item and Commissioners disclosed as follows: Commissioner Dzadovsky met with Mr. Dobbins and county staff on the item Commissioner Johnson spoke with Mr. Dobbins 6 w F_ z 2 w x F_ LL O J a O W a a a 7 1 P a g e Packet Pg. 16 Regular Meeting Tuesday, April 7, 2015 6:00 PM Commissioner Hutchinson met with representatives of the applicant and had 1 phone call from a member of the public Commissioner Lewis had no disclosures There were no public comments. RESULT: APPROVED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 2. Ordinance - Proposed Text Amendment to the Comprehensive Plan, Future Land Use Element, Ruffin Properties, LLC - Final Public Hearing Comprehensive Planner provided a presentation which covered four concurrent items: ORD-2015-1, ORD-2015-2, ORD-2015-3 and RES-2015-52, items petitioned by Ruffin Properties LLC. The Amendments are in support of the future development of a commercial resort, however, the items before the Board are only the amendments that create the regulatory framework for a resort in addition to two site specific amendments. This petition is a proposed text amendment to the Comprehensive Plan, Future Land Use Element for the purpose of including the proposed CR (Commercial Resort) Zoning District and its associated framework. The following proposed edits are not site specific and affect the County at large: Latest Edits: -Policy 1.1.1.1 identifies the development intensities in table format and is further amended to reflect a maximum potential of 36 hotel units permissible under Commercial Future Land use. -Footnote number 4 was added to the Policy 1.1.1.1 table, which refers to the Hutchinson Island Building Height Overlay Zone that allows a maximum building height of 125 feet. Previous Edits from 1st Hearing: -The Zoning District/Land Use Compatibility Chart (Table 1-3) contained in the data and analysis section is updated to reflect the addition of the CR Zoning District as permissible under the Commercial (COM) and Mixed Use Development (MXD) Future Land Use designations. -Policy 1.1.1.1 identifies the development intensities in table format and is amended to provided consistency with the Land Development Code by clarifying permissible maximum height and lot coverage in Future Land Use designations. -The proposed amendment to Policy 1.1.10.2 is amended to provided consistency with the Land Development Code by clarifying that the CR zoning district is excluded from the HIRD (Hutchinson Island Residential District) residential density requirement. The State Department of Economic Opportunity (DEO) has reviewed the proposed text amendment and proved the attached letter stating the proposed amendments do not impact any state resources or facilities. However, a technical assistance comment was Cl) w F_ M z 2 w x F_ LL O J Q O W a IL Q 8 1 P a g E IPacket Pg. 17 Regular Meeting Tuesday, April 7, 2015 6:00 PM provided suggesting the potential density and intensity of the new Commercial Resort zoning district be further clarified in the development standards provided in the Comprehensive Plan. Staff has addressed this technical assistance comment by updating Policy 1.1.1.1 to include the maximum potential of 36 hotel units permissible under Commercial Future Land Use designation. At their March 20, 2015 meeting, the Treasure Coast Regional Planning Council approved the council staff report stating no adverse effects on regional resources or facilities and no extrajurisdictional impacts have been identified. Cn w Based upon staff analysis, the proposed text amendment to the Comprehensive Plan is internally consistent with the remainder of the Plan. The proposed edits expand the local tourism draw by providing for regulations that support the development of a w context sensitive commercial resort, which furthers Comprehensive Plan Goal 10.4 that �X- calls for expanding the tourism sector of St. Lucie County's economy. 0 J Q Public Comments: 0 Applicant representative, Lee Dobbins of Dean Mead Law Firm introduced himself and a Dennis Murphy of Culpepper and Turpening who made themselves available for a questions. S The following people voiced concerns regarding various topics including, but not limited to the resort being used for gaming purposes and polls taken have shown a shift in favor of the project as opposed to the initial presentation. Elizabeth K. Gibbons, 3200 N. A1A N. Hutchinson Island, FL - voiced concerns regarding gaming. Bob Lowe, 4949 N. A1A N. Hutchinson Island, FL, Mr. Ruffin's representative - stated Mr. Ruffin had no interest in putting in a casino on the property whatsoever. He stated Mr. Ruffin has no interest in purchasing additional property or putting in a casino. Sam Yates, 2853 Yates Road, Fort Pierce, FL - provided statistics he compiled from polls taken and noted the data now shows an increased level of favor for the project. He provided a petitions to the Board for the record. Staff recommended Board approval of the proposed text amendment to the Comprehensive Plan, Future Land Use Element. RESULT: 2ND READING APPROVED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Chris Dzadovsky, District No. 1 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 3. Ordinance - Proposed Text Amendment to the Land Development Code, Ruffin Properties, LLC - Final Public Hearing Staff provided a recap of the detailed presentation provided in Item IXA2. Noting the petition is a proposed text amendment to the Land Development Code for the purpose of including the proposed CR (Commercial Resort) Zoning District and its associated 9 1 P a g e Packet Pg. 18 Regular Meeting Tuesday, April 7, 2015 6:00 PM framework. Staff summarized the edits noting the proposed edits are not site specific, but affect the County at large. Additional Latest Edits: -Condo owner length of stay updated to reflect a maximum stay of 180 days per year. -The term "wholly" was removed from the provision that speaks to the Board's discretion to decrease permitted density at the time of site plan approval. Previous Edits from 1st Hearing: -Creating definitions for the terms "Resort," and "Condominium Hotel Unit" and amending the definition for "Hotel/Motel." -Creating a new zoning district: Commercial Resort (CR). -Amending the PNRD (Planned Non-residential Development) zoning district to reference the new CR zoning district. -Amending Table 7-10, Lot Size and Dimensional Requirements, to include the CR zoning district and amending the table footnotes for clarity. -Amending Section 7.05.05, Use of Residential Property for Access, adding discretionary use approval for the use of streets fronted by residential zoning through the PNRD process. -Creating supplemental standards for Condominium Hotels. -Amending Chapter 9, Signs, to include the CR zoning district. -Amending the Table 11-1, Zoning District / Land Use Compatibility Chart to include the new CR zoning district. Based upon staff analysis contained in the attached memorandum, the proposed text amendment to the Land Development Code, when reviewed concurrently with the associated Comprehensive Plan text amendment, is consistent with the Comprehensive Plan and is internally consistent with the remainder of the Land Development Code. The proposed edits diversify the local tourism draw by providing for regulations that support the development of a context sensitive, fully amenitized resort, which furthers Comprehensive Plan Goal 10.4 which calls for expanding the tourism sector of St. Lucie County's economy. Public Comments: Sandra Stevenson, Director of the North Beach Association for Sands on the Ocean - spoke regarding the length of stay at the condo hotel. She's concerned condo owners will find ways to work around the proposed parameters and if that happened St. Lucie County residents would not reap the benefits of the hotel by means of the collection of taxes from visiting tourists who would have stayed in those rented units which would be occupied. She suggested a maximum 14 day stay for condo owners stating that would maximize the tourist tariff dollars for the County. Norm Stevenson, 3100 N. Highway A1A, Hutchinson Island, FL - shared his thoughts and concerns on the types of amenities which should be included within the resort once it is completed. He noted all residents he had spoken with were in total support of the development. The issues are the density, parking being self-contained, noise level, in w Z 2 w x U_ O J a O W a a a 10 1 Packet Pg. 19 Regular Meeting Tuesday, April 7, 2015 6:00 PM property values and making sure it keeps within the ambiance of the Island. Items which have not been mentioned previously he wanted noted were the traffic, he stated it was a weak intersection and suggested perhaps a roundabout be installed like the intersection at Seaview Drive and A1A. He listed amenities residents had stated they would like to see included in the resort as follows: high end restaurants, bar with barfare incorporated, full -service facility i.e. 24/7 operation, 2 pools (1 for adults, 1 for kids), hot tubs, saunas, exercise facilities, tennis courts, business center with conference rooms which would be accessible not only for guests but for the community at large. Elizabeth K. Gibson, 3200 N. A1A N. Hutchinson Island, FL - noted she had an email from Staff Member, Jennifer Evans earlier in the day addressed most of her concerns yet she wanted her concerns on the record. She has concerns regarding the destruction of wildlife and vegetation on the property to be developed. She asked the Board to ask the developer to pay now and have the following 2 surveys completed: a survey of wildlife species and a coastal construction line be surveyed and established marking not only physical materials but with GPS points which cannot be altered and thanked the Board for their consideration. Commissioner Lewis asked ERD Staff if this type of study would be required. ERD staff confirmed at time of development submittal the Developer will be required to submit an environmental impact report which would include a Dune Preservation Zone and Endangered Species Surveys and all environmental issues for the property. Mr. Murphy commented on the reviews noting the reviews must be done as you develop your specific site plans, not before that time as they have a "short shelf life." Richard Werner, 3200 N. A1A N Hutchinson Island, FL - asked where the cars are being parked and Commissioner Lewis explained they are not discussing the site plan at this time. It will be discussed once the site plan has been submitted. He asked for confirmation the cars will be contained on the site and Commissioner Lewis confirmed they would. Staff recommended Board approval for the proposed text amendment to the Land Development Code for the purpose of including the proposed CR (Commercial Resort) Zoning District and its associated framework. RESULT: 2ND READING APPROVED [UNANIMOUS] MOVER: Kim Johnson, District No. 5, Vice -Chair SECONDER: Chris Dzadovsky, District No. 1 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 4. Ordinance - Proposed Future Land Use Map Amendment to Commercial, Ruffin Properties, LLC - Final Public Hearing Staff provided a recap of the detailed presentation provided in Item IXA2. The petition is a proposed large-scale Future Land Use Map Amendment (FLUMA) from RM (Residential Medium - 9 du/acre) to COM (Commercial). This amendment is necessary in w z w x w 0 J a 0 W a a a 11 1 P a F, e IPacket Pg. 20 Regular Meeting Tuesday, April 7, 2015 6:00 PM order to support the proposed resort at this location. This petition is proposed concurrently with the proposed rezoning in order to ensure that this parcel is entitled for a resort and not a broad range of commercial uses. State Department of Economic Opportunity (DEO) has reviewed the proposed large- scale Future Land Use Map Amendment. At their March 20, 2015 meeting, the Treasure Coast Regional Planning Council approved the council staff report stating no adverse effects on regional resources or facilities and no extrajurisdictional impacts have been identified. Public Comment: Mr. Murphy stated the applicants concur with staff's recommendation for approval for the proposed change in land use from RM to Commercial and asked that the record of the hearing and the files all be part of the general record for the petition. James Papkey, 3200 N. Highway A1A Hutchinson Island, FL - was at the January meeting where the question was raised about the economic impact. He stated subsequent to that meeting he has seen only a letter from county staff stating there appears to be no adverse impact due to the change in the zoning. He was asking the Board to pay special attention to transparency in it's deliberations and presentations of the consequences in not only the change in the zoning but the future development of the specific plot. He commented that he could not conceive of a development of that size having neither positive nor adverse impact. He asked the Board to find someone to do an impact study - both adverse and positive in the County stating we have to know one way or another. He noted he had written the State regarding the topic but had received a response stating they have no interest in the subject. Staff explained the State does not perform these type of studies. Studies such as these are done at a cost to an investor or developer and are market driven. Vince Sartorus, 2800 N. A1A Hutchinson Island, FL, Barclay Bldg. - spoke about the 5 signals at crosswalks which have been added by DOT yet the property by Cumberland Farms is still in need of a crosswalk, he was asking if 5 signals had been added, why hadn't one been added in that location. Staff stated Mr. Sartorus had misunderstood the information. Signals had been added on A1A, not specifically for this project but as part of FDOT improvements made recently. When the site plan is submitted for this project, site specific improvements will be considered. Mr. Murphy suggested Mr. Sartorus' best opportunity to have something changed on that specific site would lie with the DOT work going on right now for the bridge replacement. The impact of that project will be much wider than the Ruffin project therefore Mr. Sartorus would have a much better opportunity to have things changed through that venue. Sam Yates, 2853 Yates Road, Fort Pierce, FL - spoke regarding the Economic Impact study conversation Mr. Papkey had requested and noted Pete Tesche of the EDC had indicated when enough information is available about the project the EDC would provide and Economic Impact statement at no charge to the County and it's residents. He provided information on a website at www.northhutchinsonislandresort.com where in w z 2 w x U- 0 J a 0 W a a a 12 1 Page Packet Pg. 21 Regular Meeting Tuesday, April 7, 2015 6:00 PM information about the project is being posted and residents can get a clear factual picture of what the project is all about. It is being updated as additional information is made available. The site is also being utilized as a tool to promote tourism for St. Lucie County, this information is also updated regularly. Staff recommended Board approval of the proposed Large-scale Future Land Use Map Amendment from RM (Residential Medium - 9 du/acre) to COM (Commercial). RESULT: 2ND READING APPROVED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Frannie Hutchinson, District No. 4 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery 5. Amendment to the Official Zoning Atlas to Commercial Resort (CR) - Ruffin Properties, LLC This petition is a proposed rezoning from HIRD (Hutchinson Island Residential District) to CR (Commercial Resort). The subject property is 11.93 acres located at the northeast intersection of North Highway A1A and Seawinds Drive. Based on the land use analysis contained in the attached staff report and the proposed CR zoning district regulations itemized in concurrent petitions, the proposed rezoning from HIRD to CR at this location is consistent with the Comprehensive Plan and the Land Development Code. The subject property is located on North Hutchinson Island and is identified as an area suitable for expanding the area's tourism draw through a commercial resort type development. The site plan to approve a resort hotel development meeting the proposed requirements will come at a future date should these proposed changes be approved by the Board of County Commissioners. It was noted this was a quasi-judicial item and Commissioners disclosed as follows: Commissioner Dzadovsky met with representatives, the representative of Mr. Ruffin, some members of the community and read the emails made available to him in public record and letters Commissioner Johnson met with both representatives Commissioner Hutchinson met with applicant representatives, staff and has read thousands of emails Commissioner Lewis met with both applicant representatives and many residents Commissioner Mowery met with representatives, the representative of Mr. Ruffin, some members of the community and read the emails made available to him in public record and letters Public Comment: Mr. Murphy stated the applicants concur with staffs recommendation for approval and are able available for questions. He followed with comments to the Board and staff stating the whole adventure has been a good example of public/private cooperation in putting together the regulatory structure. Through a collaborative process we've been able to come up with what we think are a set of rules we think are sufficient for the in w F_ M z 2 w x F_ LL O J Q O W a IL Q 13 1 Page Packet Pg. 22 Regular Meeting Tuesday, April 7, 2015 6:00 PM County for not only our particular property but for general application. He thanked staff for all the time put into the process, the Board and the Public for all their time invested, knowing full well when they bring back the specifics it will have the same level of scrutiny and community interest it has garnered so far. Staff recommended Board approval of the proposed rezoning from HIRD (Hutchinson Island Residential District) to CR (Commercial Resort). RESULT: APPROVED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Tod Mowery, District No. 2 AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery X. REGULAR AGENDA Airport Business & Marketing Plan - John Wiatrak, Airport Manager St. Lucie County International Airport - Acceptance of Business and Marketing Plans The meeting resumed at 8:29 PM after a brief intermission. Director of Planning and Development Services provided background information on the Airport Business & Marketing Plan noting what an exciting time it was having hosted the President's visit at the Airport last week. Airport Manager John Wiatrack spoke on the success of the airport and introduced Randall Wiedeman of Wiedeman & Associates who created the Airport Business Plan, Diana Ries, Aaron Ries and Lisa Odom Curtz who created the Marketing Plan and Craig Susitch, Project Manager for the entire project. He stated it had been a 16 month project and a real team effort. He provided statistics on the various activities and services at the airport showing the growth and capacity currently at the airport. Randall Wiedeman provided a presentation outlining the proposed Business Plan, summarizing as follows: -Branding Activities Are Needed: Airport Name, Logo, Website, etc. Airport Access, Entranceway, Aesthetics -County Investment in Hangar Development or Acquisition Has Highest Financial Performance -Rate Adjustments for APP Jet Center in 2020 and 2028 Are Critical -Big Opportunities Require Responses: International Polo Activity MRO Recruitment Airline Service Non -Aviation Property Development County -Sponsored Self Service Fuel Facilities 14 1 Packet Pg. 23 Regular Meeting Tuesday, April 7, 2015 6:00 PM Lisa Odom Curtz of Diana Ries Designs, Inc. Provided a Marketing Plan presentation explaining the process and the proposed key elements of their positioning strategy. The proposed new branding name for the Airport is "Treasure Coast International Airport and Business Center." She discussed the targeted audience, the short-term marketing plan, Tag Line "Your Gateway to Opportunity" and presented the Board with the proposed new brand signature and logo. The Commissioners were all in favor of the proposed Plans stating it's been a long time coming. They like the new logos and look forward to the growth that will be coming to the Airport. They also mentioned how much they appreciate the FBO's partnership and hope to continue it as St. Lucie moves forward. Director of Planning and Development Services noted he, Pete Tesch of the EDC, and representatives of the Cities of Port St. Lucie and Fort Pierce had traveled to Orlando to meet with Enterprise Florida and were able to spend 90 minutes with some of their high level staff. One of the best things they came out with was confirmation from Tony Burkhart, aviation specialist, of Enterprise Florida regarding the Airport and the MRO activity and the need for additional hanger space, he confirmed that these are exactly what Enterprise Florida has heard are the current needs. He thanked Mr. Tesch for getting staff connected with the people who can assist with making things happen for St. Lucie County. Commissioner Johnson stated if Air Force 1 doesn't make the statement that "We're Ready for Business" than he doesn't know what does - so we're ready for business. RESULT: APPROVE [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5, Vice -Chair AYES: Lewis, Johnson, Dzadovsky, Hutchinson, Mowery XI. ANNOUNCEMENTS Commissioner Dzadovsky spoke about the incredible success of the Oyster Fest and praised all the volunteers who assisted with the project noting the best part about it was that the Lagoon was so crystal clear, you not only could see the oyster bed restoration, but the sea grasses that are proliferating from the efforts of staff and volunteers have made on the ocean restoration is amazing. He thanked the volunteers all for their efforts as well as the partnership with the City of Fort Pierce and it's staff. a w z w x U_ 0 J a 0 W a a - a 15 1 P a g Packet Pg. 24 Regular Meeting Tuesday, April 7, 2015 6:00 PM 1. The Board of County Commissioners will hold an Informal Meeting on April 14, 2015 at 9am in Conference Room #3. 2. The 11th Annual Earth Day Festival will be held on April 18, 2015 from 10am to 3pm at the Oxbow Eco-Center. This free event includes local music, a wildlife costume parade, live animals, hikes, eco-challenge games, kids crafts, and more. Visit www.oxboweco.com or call 772-785- 5833 for more information. 3. The Board of County Commissioners will hold a Regular Board meeting on April 21, 2015 at 9am in the County Commission Chambers of the Roger Poitras Administration Annex located at 2300 LU Virginia Avenue, Fort Pierce, FL. z 4. The Board of County Commissioners will hold a Regular Board meeting on May 5, 2015 at 6pm 2 in the County Commission Chambers of the Roger Poitras Administration Annex located at 2300 = Virginia Avenue, Fort Pierce, FL. U- 0 J XII. MOTION TO ADJOURN o o: a There being no further business to be brought before the Board, the meeting was adjourned. a Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the Circuit Court and available for inspection upon request. 16 1 Packet Pg. 25 6.1 ITEM NO. RES-2015-54 LIr5- COUNTY�. F L Q R[ D A TO: PRESENTED BY: SUBMITTED BY: SUBJECT: DATE: 04/21/2015 AGENDA REQUEST *PROCLAMATIONS APPROVAL Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney Resolution Proclaiming the Week of April 19-25, 2015 as "Crime Victims' Rights Week" in St. Lucie County, Florida. BACKGROUND: It has been requested that this Board proclaim the week of April 19-25, 2015 as "Crime Victims' Rights Week" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination Signatures Heather Young, Asst. County Attorney [27125 Ho and Tipton, Count Administrato 4/9/2015 Packet Pg. 26 6.1.a RESOLUTION A RESOLUTION PROCLAIMING APRIL 19, 2015 THROUGH APRIL 25, 2015 AS "CRIME VICTIMS' RIGHTS WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. 2015 is the 35t" commemoration of National Crime Victims' Rights Week. 2. The victims' rights discipline in America has, for decades, dared to dream of a nation that is free from violence and an America where crime victims are consistently provided supportive services to help them cope with the trauma of crime and victimization. 3. The 19th Judicial Circuit Victim Rights Coalition is comprised of victim rights advocates from the State Attorney's Office, the Sheriff's Offices from St. Lucie County, Okeechobee County, and Indian River County , and the Port St. Lucie and Fort Pierce Police Departments. 4. The 19t" Victim Rights Coalition increases community awareness of victim issues and focuses on the National Victims' Rights Week on a local level. 5. We must work to ensure fair treatment of all crime victims, ordering and enforcing victim restitution, and notifying victims of their right to compensation and services, thereby giving hope to victims that the system and society will work to restore their dignity and respect their needs and rights. 6. The 19t" Judicial Circuit Victim Rights Coalition resolved that our individual and collective efforts reflect the dreams we dare to have of a nation where no crime victim goes unserved, and every crime victim is afforded rights and services and fair treatment by the justice system and by society. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim April 19-25, 2015 as "CRIME VICTIMS' RIGHTS WEEK" in St. Lucie County, Florida, and urges the citizens of St. Lucie County to become more aware of victim issues and participate in Crime Victims' Rights Week. PASSED AND DULY ADOPTED this 215t day of April, 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: Packet Pg. 27 6.1.a County Attorney 2 as as aM E r a� E �L U N LO T- O N L N M L Q Q U O a v LO r O N U) W d' Y N d E r V d E �L U c CD E t U 2 r Q Packet Pg. 28 6.2 ITEM NO. RES-2015-55 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 04/21/2015 *PROCLAMATIONS APPROVAL Resolution Recognizing Gwenda Thompson for her Contributions to the Economic Vitality of Communities in St. Lucie County, Florida It has been requested by the Executive Officers and Workforce Development Board of the Treasure Coast dba CareerSource Research Coast that the Board recognize and honor Gwenda Thompson for her many contributions to the economic vitality of communities in St. Lucie County, Florida. The Board is also being asked to express its appreciation and gratitude for Mrs. Thompson's service and contributions to St. Lucie County by dedicating and naming the St. Lucie County Logistics Center building at 3855 South US1 in St. Lucie County, Florida as the "Gwenda Thompson Trades Career Center". PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination/Signatures anie s. McIntyfCntyorney 4/6/2015 Ho and Tipton, Count Adrninistrato 4/9/2015 Packet Pg. 29 6.2.a RESOLUTION A RESOLUTION RECOGNIZING GWENDA THOMPSON FOR HER MANY CONTRIBUTIONS TO THE ECONOMIC VITALITY OF OUR COMMUNITIES THROUGHOUT HER 34 YEAR CAREER IN WORKFORCE DEVELOPMENT PROGRAMS IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Gwenda Thompson was a Floridian, born in Vero Beach, educated in St. Lucie County schools and a graduate of Indian River Community College and Florida Atlantic University with high honors from the College of Education. Gwenda married Scott Thompson in 1967. 2. Through Mrs. Thompson's leadership as the President/CEO of the Workforce Development Board, millions of dollars in grant funding in addition to allocated workforce funding, was brought to our region to form innovative partnerships and successful initiatives to grow businesses, create jobs and assist individuals in our communities to become self- sufficient, productive citizens. 3. The Green Collar Task Force and the Logistics Center came to fruition as a result of Mrs. Thompson's vision, dedication and hard work. The Green Collar Task Force is a shining example of the results of the many grant acquisitions Mrs. Thompson was responsible for creating, coordinating and overseeing. 4. Under Mrs. Thompson's leadership as President/CEO, the Region 20 Workforce Board became a consistent state and national award winner for innovation and performance. 5. Mrs. Thompson's contributions to the economic vitality of our communities, throughout her 34 year career in workforce development programs and services are immeasurable. Gwenda Thompson retired in 2010 after a diagnosis of cancer and passed away on September 2, 2014. Due to the untiring dedication of Gwenda Thompson to St. Lucie County, this Board believes that a tribute should be given in her honor. NOW, THEREFORE, BE IT RESOLVED, in a meeting assembled this 21st day of April 21, 2015, the Board of County Commissioners of St. Lucie County, Florida, does hereby honor Gwenda Thompson for her many contributions to St. Lucie County by dedicating and naming the St. Lucie County Logistics Center building at 3855 South US 1 in Fort Pierce as the "Gwenda Thompson Trades Career Center" in St. Lucie County, Florida. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida that this Board does hereby recognize and appreciate the passion and leadership of Gwenda Thompson in St. Lucie County, Florida. PASSED AND DULY ADOPTED this 21s' day of April 2015. DEPUTY CLERK : a ri".1xv]x4LallITOWt816 ►l "RMrGILl". I ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 30 6.3 ITEM NO. RES-2015-56 TO: PRESENTED BY: SUBMITTED BY: SUBJECT: AGENDA REQUEST Board of County Commissioners Daniel S. McIntyre, County Attorney DATE: 04/21/2015 *PROCLAMATIONS APPROVAL County Attorney Resolution Proclaiming May 2, 2015 as "Girl Scout STEM Day" in St. Lucie County, Florida. BACKGROUND: It has been requested that this Board proclaim May 2, 2015 as "Girl Scout STEM Day" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination Signatures anie 5. McIntyre, Cy insato i4/15/2015 Packet Pg. 31 6.3.a RESOLUTION A RESOLUTION PROCLAIMING MAY 2, 2015 AS "GIRL SCOUT STEM DAY" IN ST. LUCIE COUNTY, FLORIDA c 0 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made m the following determinations: J 1. Over the past 103 years, Girl Scouts have helped millions of girls and women throughout the country develop courage, confidence, and character, equipping them with the skills to make the world a better place. 2. Presently, Girl Scouts of Southeast Florida serves almost 600 girls, ages 5 to 17, in St. Lucie County and more than 12,000 girls throughout South Florida, providing them with the w knowledge and skills to enrich their lives and the community in which they live. 3. The award winning Girl Scout Leadership Experience helps girls discover themselves and o their values, connect with others around them, and take action in a meaningful way. in 4. This leadership model helps girls develop skills such as critical thinking, problem solving, cooperation and team building, conflict resolution, advocacy, and other important life skills. 5. Girl Scouts understand the importance of engaging girls in science, technology, engineering, and math (STEM) activities and encouraging girls to pursue STEM interests both in N and outside of the classroom. 4 6. Girl Scouts recognize that girls are interested in making a difference in the world and need more STEM exposure, education, and experience with the help of key adults in their lives in order to see how STEM fields can achieve their goals now and in the future. N .0 7. Girl Scouts of Southeast Florida is hosting the Gems of STEM luncheon honoring four St. c Lucie County women who have excelled in the fields of STEM, introducing them as role models for young women in our county. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim May 2, 2015 as "GIRL SCOUT STEM DAY" in St. Lucie County, Florida and recognize and commend the Girl Scouts of Southeast Florida for their commitment to engaging girls in STEM. PASSED AND DULY ADOPTED this 215tday of April, 2015. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Packet Pg. 32 6.4 ITEM NO. RES-2015-66 COUNTY �. F L Q R I D A - TO: PRESENTED BY: SUBMITTED BY: SUBJECT: DATE: 04/21/2015 AGENDA REQUEST *PROCLAMATIONS APPROVAL Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney Resolution proclaiming April 2015 as "CHILD ABUSE PREVENTION MONTH" in St. Lucie County, Florida. BACKGROUND: It has been requested that this Board proclaim the month of April, 2015 as "CHILD ABUSE PREVENTION MONTH" in St. Lucie County, Florida. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination/Signatures Packet Pg. 33 6.4.a RESOLUTION A RESOLUTION PROCLAIMING THE MONTH OF APRIL 2015 AS "CHILD ABUSE PREVENTION MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. CASTLE has upheld our legacy of protecting the lives of abused children. 2. CASTLE works diligentlywith the department of Department of Children & Families to ensure that every child suffering from abuse has a brighter future and hope for a safe life. 3. Children who have suffered abuse or neglect are at least 25% percent more likely to experience problems such as delinquency, teen pregnancy, low academic achievement, drug use, and mental health problems. 4. CASTLE, along with its community partners, embraces opportunities that can potentially change the way society cares for children and youth. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of April 2015 as "CHILD ABUSE PREVENTION MONTH" in St. Lucie County, Florida. 2. This Board commends the staff and volunteers of CASTLE for their continuing work in assisting families in need of their services as we all strive to diminish child abuse and its lasting impacts on our community. PASSED AND DULY ADOPTED this 21" day of April 2015. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 34 03/20/15 FZABWARR FUND TITLE 001 001457 001458 001534 001538 001544 001550 001560 001561 001562 001565 001566 001567 101 101002 101003 101004 102 102001 102114 102813 104003 105 107 107001 107002 107003 107006 129 130 140 140001 160 183 183001 183004 183006 188 189203 190 216 310001 310002 316001 382 401 418 451 ST. LUCIE COUNTY - BOARD WARRANT LIST #25- 14-MAR-2015 TO 20-MAR-2015 FUND SUMMARY General Fund FCTD Planning Grant EMPA 2015 Metropolitan Planning/Section 5303 HUD Neighborhood Stab 3 CDBG Disaster Recov Enhanc Prog HUD Shelter Plus Care Section 112/MPO/FHWA/Planning Dept of Trans Safe Routes to School Homeland Security Subgrant Issie 15 HUD Shelter Plus Chronic HUD Shelter Plus Care Grant, DHS - CSBG FY 2015 Transportation Trust Fund Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Citrus & Saeger Strmwtr Treatment White City Drainage Citrus & Saeger Hurricane Frances Donations Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Parks MSTU Fund SLC Public Transit MSTU Airport Fund Port Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund Bluefield Ranch Improvements Hardest Hit fund Advisor Services Sports Complex Fund County Capital I&S Impact Fees -Library Impact Fees -Parks 5th Cent Fuel -Capital Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund EXPENSES 329,429.96 0.00 470.05 1,472.86 305.25 128,451.81 5,389.58 1,389.28 3,262.50 11,551.37 10,447.00 11,584.73 1,524.99 13,217.98 52,612.86 11,412.31 4,112.51 8,562.63 9,023.60 785.08 876.69 14.00 1,319.13 96,003.67 10,537.05 15,010.89 205.43 3,073.65 3,780.00 605.28 3,682.60 148.80 6,339.51 3,202.99 220.00 1,480.00 15,766.54 0.59 6.01 42,167.55 1,202.00 14,802.56 41,750.00 10,350.96 21.34 930,863.41 30,867.58 42,487.33 PAGE PAYROLL 2,737.60 192.30 0.00 0.00 0.00 0.00 0.00 3, 653.86 0.00 0.00 0.00 0.00 0.00 527.68 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Cn H Qz oC 95 Packet Pg. 35 03/20/15 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #25- 14-MAR-2015 TO 20-MAR-2015 FUND SUMMARY FUND TITLE 471 Water & Sewer District Operations 479 Water & Sewer Dist. -Cap Facilities 491 Building Code Fund 505 Health Insurance Fund 505001 Risk Management Fund 611 Tourist Development Trust-Adv Fund 650 Agency Fund GRAND TOTAL: 80,942.79 47,944.96 953.63 145,280.11 49.00 32,357.74 12,901.73 2,202,221.87 PAGE 2 PAYROLL 0.00 0.00 0.00 796.80 0.00 0.00 0.00 7,908.24 Cn H Qz oC Q 96 Packet Pg. 36 03/27/15 FZABWARR FUND TITLE 001 001457 001512 001519 001534 001538 001544 001550 001560 001561 001562 001563 001565 001566 001567 001568 101 101001 101002 101003 101004 102 102001 102114 107 107001 107002 107003 107005 107006 113 114 116 117 119 123 127 128 129 130 130109 130114 130118 130119 130120 130217 130218 136 ST. LUCIE COUNTY - BOARD WARRANT LIST #26- 21-MAR-2015 TO 27-MAR-2015 FUND SUMMARY General Fund FCTD Planning Grant Neighborhood Stabilization Program CDBG FY 2008 Disaster Recovery Metropolitan Planning/Section 5303 HUD Neighborhood Stab 3 CDBG Disaster Recov Enhanc Prog HUD Shelter Plus Care Section 112/MPO/FHWA/Planning Dept of Trans Safe Routes to School Homeland Security Subgrant Issie 15 HUD CDBG FY 2013 HUD Shelter Plus Chronic HUD Shelter Plus Care Grant DHS - CSBG FY 2015 Supp Svcs Veterans Families 2015 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Citrus & Saeger Strmwtr Treatment Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Legal Aid F&F Fund -Court Related Technology Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund Queens Cove Lighting Dist#13 Fund Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund SLC Public Transit MSTU FTA 5307 Capital and Operating FTA 5307 FY 2013 FTA 5317 FY13/14 New Freedom FTA 5307 FY13 FTA 5311 FY 2015 FCTD Trip & Equip 2015 FDOT Block Grant FY 2015 Monte Carlo Lighting MSTU#4 Fund EXPENSES 89,742.76 0.00 0.00 0.00 0.00 0.00 41,033.39 0.00 23,104.95 0.00 12,498.00 0.00 0.00 0.00 6,346.11 1,249.92 26,604.36 1,961.00 20,250.15 7,055.97 421105.00 3,981.99 49,080.58 1,460.00 66,076.53 0.00 0.00 4,134.02 9,294.75 82,874.94 234.69 571.88 627.64 143.66 852.80 393.85 506.38 629.66 13,468.25 117,834.20 17,420.51 1,788.87 446.40 42,248.61 7,157.51 41,803.00 70,574.28 2,318.65 PAGE 1 PAYROLL 502,090.89 945.66 433.49 433.49 855.52 912.79 433.49 33.12 8,136.15 2,363.30 0.00 1,183.22 116.13 116.13 2,455.13 655.81 38,226.78 1,341.60 51,053.65 16,231.98 16,718.81 60,192.98 8,997.59 6,631.24 108,749.04 1,029.23 48,499.69 0.00 0.00 9,809.06 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,212.06 0.00 1,151.20 0.00 0.00 0.00 0.00 0A0 0.00 Packet Pg. 37 03/27/15 FZABWARR FUND TITLE 138 140 140372 140376 160 183 183004 183006 185015 189109 189110 189203 190 218 310001 310006 316 316001 318 401 418 451 458 471 478 479 491 505 505001 505002 611 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST *26- 21-MAR-2015 TO 27-MAR-2015 FUND SUMMARY Palm Lake Gardens MSTU Fund Airport Fund FDOT Term/Cus Fac Ren Phs 1 FDOT New Port Ent 2nd street Imp Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund FHFC SHIP 2014-2015 Home Consortium 2013 Home Consortium 2014 Hardest Hit fund Advisor Services Sports Complex Fund Transportation-I&S Impact Fees -Library Impact Fees -Transportation County Capital 5th Cent Fuel -Capital County Capital -Transportation Bond Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Water & Sewer District Operations Water & Sewer District R&R Water & Sewer Dist. -Cap Facilities Building Code Fund Health Insurance Fund Risk Management Fund Health Insurance Administration Tourist Development Trust-Adv Fund Law Library Bank Fund GRAND TOTAL: EXPENSES 318.02 13,001.77 5,871.65 9,140.62 6,592.18 4,131.54 1,451.50 583.48 0.00 0.00 0.00 0.00 17,657.76 24,150.00 7,103.86 36,481.77 9,796.00 8,922.92 423,724.71 105,646.00 10,095.63 68,150.70 66,145.48 101,691.07 0.00 0.00 116.76 220,839.10 16,955.81 0.00 1,000.00 22,466.06 53,776.81 2,043,686.46 PAGE 2 PAYROLL 0.00 10,598.70 0.00 0.00 1,652.06 3,557.35 3,275.73 0.00 56.69 368.36 580.33 188.86 26,247.77 0.00 0.00 0.00 0.00 0.00 0.00 71,240.39 17,968.96 6,438.29 679.03 9,155.02 1,292.85 1,278.61 29,285.34 0.00 2,633.69 2,607.79 2,490.41 0.00 0.00 1,083,605.46 Cn H QZ OC Q Packet Pg. 38 04/02/15 FZABWARR FUND TITLE 001 001457 001512 001519 001538 001544 001560 001561 001562 001563 001566 001567 101 101002 101003 101004 102 102001 102813 103 107 107001 107003 107006 111 112 120 122 126 129 130 130105 139 140 140376 140377 150 160 183 183004 183006 190 218 242 310006 316 316001 318 ST. LUCIE COUNTY - BOARD WARRANT LIST #27- 28-MAR-2015 TO 02-APR-2015 FUND SUMMARY General Fund FCTD Planning Grant Neighborhood Stabilization Program CDBG FY 2008 Disaster Recovery HUD Neighborhood Stab 3 CDBG Disaster Recov Enhanc Prog Section 112/MPO/FHWA/Planning Dept of Trans Safe Routes to School Homeland Security Subgrant Issie 15 HUD CDBG FY 2013 HUD Shelter Plus Care Grant DHS - CSBG FY 2015 Transportation Trust Fund Transportation Trust/80 Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU White City Drainage Citrus & Saeger Law Enforcement MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology River Park I Fund River Park II Fund The Grove Fund Indian River Estates Fund Southern Oak Estates Lighting Parks MSTU Fund SLC Public Transit MSTU FTA 5307-2 2009 Cap & Oper Palm Grove Fund Airport Fund FDOT New Port Ent 2nd street Imp Strategic Bus Plan, Marketing Plan, Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund Sports Complex Fund Transportation-I&S Port I&S Fund Impact Fees -Transportation County Capital 5th Cent Fuel -Capital County Capital -Transportation Bond EXPENSES 887,143.47 351.00 166.05 0.00 15,210.72 0.00 7,541.45 148.50 2, 894.88 250.00 41.18 2, 139.00 4, 127.44 11,421.92 33,250.17 21,268.47 15,599.97 24,145.29 4,237.50 12,074.10 295,076.63 11,249.58 1, 938.66 151.73 3,279.12 755.05 227.10 1,064.69 157.44 26,801.35 6,504.17 56.72 976.23 5,314.43 36, 000.00 441.00 528.75 16,052.47 1,302.36 1, 827.00 727.06 17,931.74 1,500.00 801.63 20.68 13,403.11 5,971.79 26,977.54 PAGE PAYROLL 0.00 0.00 1,733.96 433.49 3,467.76 1,300.47 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Packet Pg. 39 04/02/15 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #27- 28-MAR-2015 TO 02-APR-2015 FUND SUMMARY FUND TITLE EXPENSES 401 Sanitary Landfill Fund 115,294.79 418 Golf Course Fund 5,663.11 451 S. Hutchinson Utilities Fund 1,071.31 458 SH Util-Renewal & Replacement Fund 18,850.42 471 Water & Sewer District Operations 39,450.47 478 Water & Sewer District R&R 8,841.70 479 Water & Sewer Dist. -Cap Facilities 4,445.84 505 Health Insurance Fund 780,325.37 611 Tourist Development Trust-Adv Fund 247.00 801 Bank Fund 29,571.31 GRAND TOTAL: 2,522,810.46 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ,796.80 0.00 0.00 7,732.48 Cn H Qz oC Q 79 Packet Pg. 40 8.C.1 ITEM NO. (ID # 2805) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners JoAnn Riley, Property Acquisitions Manager Property Acquisition Division DATE 04/21/2015 *CONSENT AGENDA\COUNTY ATTORNEY Revocable License Agreement - Rolland and Cheryl Neve Fence in Gopher Hill Road right-of-way (Parcel ID 3403-701-0091-000-2) Property Acquisitions received a request from Rolland and Cheryl Neve. They reside at 701 Cory Campbell Road and would like to put a 6-foot wood privacy fence with two gates across the back of their property and the vacant lot they own to the east. The fence would be 15-feet in the Gopher Hill Road right-of-way, an unopened right-of-way. They would like the extra room for their deck and pool. Rolland and Cheryl have a letter from their neighbor who live directly across the road (Terry and Stephanie Davis) who state they have no objection to the fence. Mr. and Mrs. Neve are aware that if the fence would need to be moved for any reason, it would be at their expense. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the Revocable License Agreement, authorize the Chair to sign the Revocable License Agreement and direct Mr. and Mrs. Neve to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: Packet Pg. 41 8.C.1 Coordination/Signatures anie 5. McIntyre, Cy 4/13/2015 Updated: 4/13/2015 8:35 AM by Bob Bentkofsky Page 2 Packet Pg. 42 Lo /-Z 0 W C) C-) C�- e- 0 cx wc A(A e vi c) Q 0 > o.- W QC)' Q co A- e- Ck ty-I vQ0 ro C- 0 E FL RIECROVED MAR 06 20115 PROPERTY ACQU I Si TIC Packet Pg. 43 Gopher Hill Road 0 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 22 23 24 25 26 27 18 19 20 21 3 GOPHER-HIL RD , ?s 3 4 5 g 7 8 g 10 11 "2 73 14 1s 17 2 1 5 KtAKNtT—Ku 7 R 9 0 12 13 14 45 76 37 2 �—OLIVE-Si 4 4 T,, DISCLAIMER S, tuoe C..ntymakes no warranty represenlm or., goatanty as to thee, —I, sepuence, accuracy, Ilmelkn,c, o oonno. enesaof any W Me geotlata information pro.id.d herein. The reader eh,,rd no! rely on the dal, provided herein for any reason S, Luue County oopk ly di:,daim o..y ropreaenteiionc and wananties, ind.diW. with..! limI.t- the Implwd entlesef merchantaoiltty and fitness lot a perecular p.rpese, 51, L.c�e County shalt assume no II.b h ytor. 1. Any errors, o in the !'fame lion provided regardless of how ca. s.d, or 2. Any deck!.' made or.q— Iaken or not taken by any person in reliance upon fin or nfor ationcar date turn lshed h.... Mar_ 15 ?I q 0 0.00750.015 0.03 0.045 0.06 Miles Packet Pg. 44 r+ Q 8.C.1.c This instrument prepared by: Janet LiCausi under the direction of DanielS. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of 2015, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the County) and ROLLAND AND CHERYL NEVE, whose address is 701 Cory Campbell Road, Ft. Pierce (the Owners). WHEREAS, the County owns, but does not maintain, Gopher Hill Road where the owners want to install a fence. WHEREAS, the Owners are requesting to install a Eft wood privacy fence with 2 gates across the .2 rear of their property in 15ft of Gopher Hill Road right-of-way and on the vacant property to the east M that they own as shown on Exhibit "A". >> a� WHEREAS, the County is willing to permit the Owners to use 15ft of Gopher Hill Road right-of-way LO for their fence and maintain around the fence, subject to the terms and conditions set forth in this N Revocable License Agreement. E NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as L a� follows: Q a� y 1. The County agrees to grant the Owners a Revocable License Agreement for the purpose of installing and maintaining fencing in the County's right-of-way of Gopher Hill Road, as indicated on the 44) Z attached map and incorporated herein as Exhibit "A". o 2. The sole purpose of this Revocable License Agreement is to allow the Owners to install a 6ft wood W w privacy fence with 2 gates 87and maintain the area around the fence in the right-of-way of Gopher Hill Road at the rear of their property. There shall not be any construction and/or installation of any r additional structures or utilities in this right-of-way. a 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owners to install the fence and maintain the area around the fence at the location identified in Exhibit "A» 1 Packet Pg. 45 8.C.1.c 4. The Owners shall install the fence in accordance with Standard Specification for Public Works Construction in St. Lucie County. The fence shall not interfere with the use of the right-of-way of the County or other Services that may be using said right-of-way. Any damage to the right-of-way shall be repaired by the Owners. 5. This Revocable License Agreement shall be binding on future successor and assignees of the Owners provided the Owners give adequate notice to the County pursuant to Paragraph twelve (12) of this Agreement. 6. The County shall have the right, at the sole discretion of the County Engineer to terminate this Agreement with or without cause and require removal of the fence at the Owner's sole expense upon thirty (30) days written notice to the Owners. The County Engineer may, in lieu of termination, request that the Owners perform certain alterations to the fence and location in the right-of-way mentioned in Exhibit "A" at the Owner's sole expense. However, if such alterations are not performed to the satisfaction of the County Engineer, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owners shall be responsible for the removal of the fence and restoration of the right-of-way and/or property as directed by the County Engineer, consistent with the specifications of the County in force at such time. 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. Owners agree to relocate the referenced fence, at any time and at no cost to the County, if necessary for the maintenance or improvements of the right-of-way and or County property. 10. The fence on the County's property shall be in accordance with all applicable codes and permitting regulations of the County and shall be maintained solely at the expense of the Owners. Any maintenance activity will be subject to the written approval of the County Engineer. 11. The Owners agrees to allow County employees access to the location of the fence for County purposes as determined by the County Engineer 12. All notices, request and other communications dealing directly or indirectly with this license 2 Packet Pg. 46 8.C.1.c shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 As to Owners: Rolland and Cheryl Neve 701 Cory Campbell Road Fort Pierce, FI.34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) 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 deliverable, as the case may be, if mailed. 13. As consideration for the County granting this Revocable License Agreement the Owners agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Owner's use of the property. 14. The Owners shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owners shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. 3 Packet Pg. 47 8.C.1.c ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Deputy Clerk WITNESSES: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ROLLAND NEVE and CHERYL NEVE his wife who produced who did take an oath. CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ROLLAND NEVE CHERYL NEVE day of , 2015, by (type of identification) and WITNESS my hand and official seal, this day of , 2015, My commission expires: 4 NOTARY r c a� E (D a� Q a� y C d J d R 0 0 a) o: w c a� 0 M r a Packet Pg. 48 8.C.1.c 3 18. 5' INGRESS EGRESS Q EASEMENT PER Q O.R.B. 94, PAGE 1 t) 03 =`t Ld j 4tt ! Ij ill�il ©i r��' R (�i iiiili 'n I 11�'lilf Cr 3"W ' lJEl j 0 41.63' D .� CV ' ' z � s EL' Lo 41.34' 00 w z m � CL LO U z ,i U °b d Li (L o I 47 O O Cr Q 0 Q 1 m Q V)'i(0' m CQQ(� ZJcn ¢ D O CL 48.86' ROE N In 48.69' w V V) Not •os'33"w`" 135.00' m � nw -so 0 0 0 N O N O a � a U F U N Co r Co W W Q o� 1 0 �5a� N °' Um'n� ©M.xoo 3-- w m Z � N C) 44.52' _ 0 C 00 00 ff 0�O o .� I 44.98' a. a 0� 00 o 25RIGH' OF WAY P = PLAT BOOK PAGE 46 C E L a `b fn J m 0 m Ln 0 0 N Q Packet Pg. 49 � j Cr z ouzo oz LLJ -Coro 0 U- to Cq I to o cc) 18. 5' INGRESS & EGRESS 0 4-4D- O EASEMENT PER 0 0 CD O.R.B. 94, PAGE 1426 0 o 0 Lr) o L V) uj LJ Cv 00 (If U n o F-0 z -4 V) F- < Z OCL P= 1 U Li -j < C) y) 0 25' R Ld CL z _j Li W 9 < OF WA' z 0 x CL < PLAT B( PAGE -01 43 C) — 0'- m Lo yp C) ID x Co Co cn _j 00 Ld w 0 z z 0 Z < CIr 0 E > 0 to 0 0 II-II43 < 400 0 Li z n o< ui 0 U- < ro 0 z U a_ 04 -IL Cr ui U- Lu O!f __j w m Lez D —ll ill 0 ui V) C) o V) 0 0 7- m m 3FPW 0 0 Z �<- : 5 C'4 0 41.63' 44.52, 2 a". C) y m 48.86' a_ V) Ln 6 u 0 > LLJ of C) z 0 U)po— 0 -1 Lo C14 Q . . . . . . CD Co 41.34- 48.69' 44.98' 00 00 Z Ld te) Q o x N01 *09133"W6 135.00' UJI Lo Z 0 uj 0 o z o Lo L" 0 cn a. Cq C� ai Co , Ln U) I Packet Pg. 50 E ' kkl 70/ FL R IE c ps 0 w [E CLD MAR 0 6 2015 DRO P E RTY AC Q U I S I TR G NV - I Packet P9. 51 8.C.2 ITEM NO. RES-2015-65 • COUNTY F L 0 R i D A TO: DATE: 04/21/2015 AGENDA REQUEST *CONSENT AGENDA\COUNTY ATTORNEY Board of County Commissioners Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: Resolution - In support of a 3% cap on growth in individual county medicaid costs under Section 409.915, F.S., to establish the anticipated cost shifts that result from the transition to a Medicaid enrollee based cost -sharing system. BACKGROUND: It has been requested this Board show their support of the establishment of a reasonable annual growth rate cap of 3% on Medicaid to protect those counties that are disproportionately affected. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval of the resolution and authorization for the Chair to sign the resolution. COMMISSION ACTION: Coordination/Signatures Danie s. McIntyre, CoAnty ttorney 4/14/2015 7"' and Tipton, Count Administrate 4/15/2015 Packet Pg. 52 8.C.2.a RESOLUTION A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUPPORTING A 3% CAP ON GROWTH IN INDIVIDUAL COUNTY MEDICAID COSTS UNDER SECTION 409.915, F.S., TO ESTABLISH THE ANTICIPATED COST SHIFTS THAT RESULT FROM THE TRANSITION TO A MEDICAID ENROLLEE BASED COST -SHARING SYSTEM. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Florida counties have been required to participate in a Medicaid cost -sharing relationship with the state since 1972. 2. During the 2013 Legislative Session, SB 1520 passed changing the way counties are charged for their portion of costs — eliminating the monthly billing process and establishing a formula -based county Medicaid contribution. 3. For the two years following the passage of SB 1520, the total county contribution and each county's percentage share of the total county contribution have been fixed in statute. 4. Beginning in FY 2015-16, the individual county percentage shares will begin a four-year transition period to an enrollment based formula - after which each county's share will be based solely on each its respective share of the state's Medicaid enrollees. 5. This formula shift has a significant range of impact on the 67 counties. Some counties will see their costs go down over or remain relatively stable over the transition period, while others are expected to experience significant, and unsustainable, growth in their mandatory Medicaid costs. 6. St. Lucie County, with a growth rate of 6.51%, will end up shouldering too large a burden particularly during the transition period. 7. The Florida Legislature is requested to establish an annual growth rate cap of three percent (3%) to protect those counties that are disproportionately affected. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The County of St. Lucie supports establishing a 3% cap on growth in individual county Medicaid costs under Section 409.915, F.S., to address the anticipated cost shifts that result from the transition to a Medicaid enrollee based cost -sharing system. 2. The County Administrator is hereby directed to send a copy of this resolution to Governor Rick Scott, the County's Legislative Delegation and the Florida Association of Counties. PASSED AND DULY ADOPTED this 21'L day of April 2015. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 53 8.C.3 ITEM NO. RES-2015-57 TO: DATE: 04/21/2015 AGENDA REQUEST *CONSENT AGENDA\COUNTY ATTORNEY Board of County Commissioners Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: Resolution Proclaiming April 19, 2015 as "Patriot's Day" in St. Lucie County, Florida. BACKGROUND: It has been requested that this Board proclaim April 19, 2015 as "Patriot's Day" in St. Lucie County, Florida. The attached proclamation has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A COMMISSION ACTION: Coordination Signatures 4anWie)FS. �Mclntyre,torneyC my t4/13/2015 Ho and Tipton, Count Administrate 4/15/2015 Packet Pg. 54 8.C.3.a RESOLUTION A RESOLUTION PROCLAIMING APRIL 19, 2015 AS "PATRIOT'S DAY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Late in the evening of April 18, 1775, three men went to the Old North Church in Boston, Sexton of the Church Robert Newman, and at least two members of the sons of Liberty Captain John Pulling and Captain Thomas Barnard. 2. Captain John Pulling, a vestryman of the church, demanded the keys to the church from Robert Newman and Newman gave the keys to him. It is unknown who actually held the lanterns in the belfry, but the act of Robert Newman giving the church keys to Captain John Pulling saved Newman when he was arrested the following day. 3. At least four men were waiting for the signal, the Sons of Liberty knew the British Orders: go to Lexington and arrest John Hancock and Samuel Adams for Treason, continue on to Concord and destroy a cache of arms stored there. 4. The men we know that were waiting to ride were Paul Revere, William Dawes, Dr. Samuel Prescott and Richard Devens. There were probably more spaced along the main routes out of Boston and or waiting with the four we know. They rode in the night stopping to notify leaders of the Sons of Liberty, members of Committees of Safety and Captains of local militias. 5. In the morning there would be thousands of armed citizens gathered on village greens from Portsmouth, New Hampshire, south to Providence, Rhode Island and west to Worcester, Massachusetts, and Hartford, Connecticut. The most famous would be at Lexington, Massachusetts where on the green, the shot heard around the world was fired and the second most, the bridge at Concord, where the British were turned back to Boston. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of St. Lucie County, Florida that this Board does hereby recognize the men who risked everything so that we could be free, and proclaim April 19, 2015 as "PATRIOT'S DAY" in St. Lucie County, Florida. PASSED AND DULY ADOPTED this 2111 day of April 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS BY: County Attorney Packet Pg. 55 8.D.1 ITEM NO. RES-2015-58 TO: PRESENTED BY: SUBMITTED BY: I•41I 1"F BACKGROUND: AGENDA REQUEST Board of County Commissioners DATE: 04/21/2015 *CONSENT AGENDA\COMMUNITY SERVICES Stefanie Myers, Resident Support Services Manager Resident Support Services Division Modification of Community Services Block Grant (CSBG) The Florida Department of Economic Opportunity (DEO) annually provides additional mid -year funding for the Community Services Block Grant. St. Lucie County is the award recipient for the Treasure Coast Community Action Agency, encompassing Martin, Okeechobee and St. Lucie Counties. Funds are used to assist residents in overcoming barriers to self-sufficiency, including childcare, nutrition support, transportation, medical care, education and interventions for independent living. The initial allocation for FY14 was $251,638. The modification increases the agreement total to $383,417. The increased funds include a return of prior year unspent dollars and an increase in allocation from the State. Each County receives the prior year carry forward funds and a State indicated portion of the new funds, less 10% administrative costs for St. Lucie County. The State set percentages for each County are Martin 27%, Okeechobee 13.75% and St Lucie 59.25%. Initial Modification Modification New Total SLC TOTAL Allocation Carryforward Increase Amount Admin Martin $60,146 $46,828 $13,960 $120,934 $120,934 County Okeechobee $30,023 $1,976 $6,968 $381967 $38,967 County St. Lucie $136,305 $24,569 $31,637 $192,511 $31,005 $223,516 County $226,474 $73,372 $52,566 $352,412 $383,417 PREVIOUS ACTION: 8/12/14 - Board approved the FY15 CSBG allocation, resolution and sub -recipient agreements. FINANCIAL IMPACT: Packet Pg. 56 8.D.1 The budget for this fund must be modified to include the additional monies received. New funds will be deposited to the Community Services Block Grant (CSBG) FY15 (001567-6420-331691-600). RECOMMENDATION: Staff recommends Board approval of the FY15 CSBG modification (15SB-OD-12-00-01-023) and Resolution and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination Signatures 6;yder, Community Services Dir r 4/8/2015 4anjieYS.orney 4/9/2015 nd Tipton, Count Administrate 4/13/2015 Updated: 4/13/2015 8:33 AM by Bob Bentkofsky Page 2 Packet Pg. 57 £ZO-LO-00-Z4-a0-aSS4 uolleowpoW JeSa 94A=i : 89-9LOZ-S3N) uollec)IPPOVY JeSa 94A=l :1U9WLj3e41V 1a co LO o � 06 MODIFICATION NUMBER [11 OF AGREEMENT BETWEEN THE RECEIVED FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY ,c COMMUNITY SERVICES BLOCK GRANT PROGRAM AND St. Lucie County a CFDA Number. 93.569 COMMUNITY SERVICES This Modification Number [1] is made and entered into by and between the State of Florida, Department of Economic Opportunity, with headquarters in Tallahassee, Florida, hereinafter referred to as "DEO", and St. Lucie County, hereinafter referred to as "Recipient", to modify DEO Agreement Number 15SB-OD-12-00-01-023, hereinafter referred to as the "Agreement". WHEREAS, Section (4) of the Agreement provides that modification of the Agreement shall be in writing executed by the Parties thereto; and WHEREAS, DEO and Recipient have entered into the Agreement, pursuant to which DEO has provided an Agreement of $251,638 to Recipient; and WHEREAS, the Parties seek to modify the Agreement language to reflect changes in state and federal law as well as revisions to DEO's standard terms and conditions; and WHEREAS, FY 2014 carryover funds are available to increase the amount of the funding granted to Recipient; and WHEREAS, additional funds have become available to increase the amount of the funding granted to Recipient. NOW, THEREFORE, in consideration of the mutual promises of the Parties contained herein, the Parties agree as follows: The Agreement with the term that began October 1, 2014, is hereby replaced in its entirety, including all exhibits and attachments thereto, with the following. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. DEO has received these grant funds from the State of Florida, and has the authority to subgrant these funds to Recipient upon the terms and conditions below; and C. DEO has statutory authority to disburse the funds under this Agreement. THEREFORE, DEO and Recipient agree to the following. (1) SCOPE OF WORK Recipient shall perform the work in accordance with Modified Attachment A, Scope of Work, to this Agreement. (2) INCORPORATION OF LAWS_ RULES. REGULATIONS AND POLICIES Recipient and DEO shall be governed by all applicable State and Federal laws, rules and regulations, including, but not limited to, those identified in Modified Attachment B. Page 1 of 55 £ZO-LO-00-Z4-a0-aSS4 uolieowpoW JeSa 94A=i : 89-9LOZ-S3N) uolle31J!poW JeSa 94A=l :luauay3elly �a � LO 06 (3) PERIOD OF AGREEMENT a r a� This Agreement period shall begin on October 1, 2014, and shall end on September 30, 2015, unless U �a terminated earlier in accordance with the provisions of Paragraph (13) of this Agreement. n (4) MODIFICATION OF CONTRACT Either Party may request modification of the provisions of this Agreement. Except for Informal Modifications submitted in accordance with Modified Attachment B, modifications of provisions of this Agreement shall only be valid when reduced to writing and duly signed by the Parties. (5) AUDITS AND RECORDS (a) Recipient's performance under this Agreement shall be subject to the applicable requirements published in the "Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (also known as the "Super Circular', 2 CFR, Part 200" (hereinafter referred to as the "Super Circular"). If this Agreement is made with a commercial (for -profit) organization on a cost -reimbursement basis, Recipient shall be subject to Federal Acquisition Regulations, 31 CFR 31.2 and 48 CFR 931.2. (b) Recipient shall retain all records pertaining to this Agreement, regardless of the form of the record (e.g., paper, film, recording, electronic), including, but not limited to financial records, supporting documents, statistical records, and any other documents (hereinafter referred to as "Records") for a period of five state fiscal years after all reporting requirements are satisfied and final payments have been received, or if an audit has been initiated and audit findings have not been resolved at the end of this five-year period, the Records shall be retained until resolution of the audit findings through litigation or otherwise. Recipient shall cooperate with DEO to facilitate the duplication and transfer of such Records upon request of DEO. The five-year period may also be extended for the following reasons: 1. If any litigation or claim is started before the five-year period expires, and extends beyond the five-year period, the Records shall be retained until all litigation and claims involving the Records have been resolved. 2. Records for the disposition of non -expendable personal property valued at $5,000 or more at the time it is acquired shall be retained for five years after final disposition. transfer of title. Agreement. 3. Records relating to real property acquired shall be retained for five years after the closing on the 4. Any additional federal requirements identified in Modified Attachment A, Scope of Work, of this (c) Recipient shall maintain all records for all subcontractors to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of Modified Attachment J and Modified Attachment K to this Agreement as well as all other applicable laws and regulations. (d) Representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability or representatives of the federal government and their duly authorized representatives shall have access to any of Recipient's Records for the purposes of conducting audits, examinations, investigations, or making excerpts or transcriptions. Page 2 of 55 £ZO-LO-00-Z4-a0-aSS4 uolieowpoW JeSa 94A=i : 89-9LOZ-S3N) u014e31J!poW JeSa 94A=l :luauayOelly �? o co 06 (e) Recipient may, per Rule 1B-24.003(9)(a), Florida Administrative Code, allow its public records to be a r stored through electronic recordkeeping systems as substitutes for the original or paper copy. aD U (f) Recipient shall maintain books, records, and documents in accordance with generally accepted �a n accounting principles and practices which sufficiently and properly reflect all expenditures of funds provided by DEO under this Agreement. (g) Records pertaining to this Agreement shall be available at reasonable times for inspection, review, or audit by state personnel and other persons authorized by DEO. "Reasonable" shall ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (h) If Recipient's expenditures of state financial assistance and/or federal awards during its applicable fiscal year(s) require it to conduct an audit in accordance with Exhibit 1 to this Agreement, such audit shall comply with all applicable requirements of Exhibit 1 to this Agreement and section 215.97, F.S., or 2 CFR part 200, subpart F, as applicable, and Recipient shall ensure that all related party transactions are disclosed to the auditor. (i) Recipient shall include the aforementioned audit and record -keeping requirements in all subcontracts and assignments. 0) Recipient shall have each required audit completed by an independent certified public accountant (IPA), either a certified public accountant or a public accountant licensed under chapter 473, F.S., and ensure that all related party transactions are disclosed to the auditor. The IPA shall state that the audit complied with the applicable provisions noted in Exhibit 1 to this Agreement. (k) The reporting packages for required audits must be timely submitted in accordance with the requirements of Exhibit-1, Audit Requirements, of this Agreement and the applicable laws, rules and regulations referenced therein. The requirements of 2 CFR 200.512, Report Submission, are applicable to audits of federal awards conducted in accordance with Subparagraph (5)(h) above. 0) If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement and applicable regulations, Recipient shall be held liable for reimbursement to DEO. Such reimbursement shall be sent to DEO, by Recipient, within thirty calendar days after DEO has notified Recipient of such non-compliance. (m) Within sixty calendar days of the close of Recipient's fiscal year, on an annual basis, Recipient shall electronically submit a completed Audit Compliance Certification (a version of this certification is attached hereto as Exhibit-2, Audit Compliance Certification, of this Agreement) to audit(Qdeo.myflorida.com. Recipient's timely submittal of one completed Audit Compliance Certification for each applicable fiscal year will fulfill this requirement within all agreements (e.g., contracts, grants, memorandums of understanding, memorandums of agreement, economic incentive award agreements, etc.) between DEO and Recipient. (6) INFORMATION RELEASE AND PUBLIC RECORDS REQUIREMENTS: (a) In addition to Recipients' responsibility to directly respond to each request it receives for records made or received by Recipient in conjunction with this Agreement and to provide the applicable public records in response to such request, Recipient shall notify DEO of the receipt and content of such request by sending an e-mail to PRRequest@deo.myflorida.com within one (1) business day from receipt of such request. Page 3 of 55 �a £ZO-LO-00-Z4-a0-aSS4 uo!ieowpoW JeSa 94A=i : 89-9LOZ-S3M) U01WOMPOVY JeSa 94A=l :1uauay3eUV co o � 06 (b) Recipient shall allow public access to all documents, papers, letters or other materials made or n r aD received by Recipient in conjunction with this Agreement, unless the records are exempt from section 24(a) of Article U M I of the State Constitution and section 119.07(1), F.S. For records made or received by Recipient in conjunction with n this Agreement, Recipient shall respond to requests to inspect or copy such records in accordance with chapter 119, F.S. For all such requests for records that are public records, as public records are defined in section 119.011, F.S., Recipient shall be responsible for providing such public records per the cost structure provided in chapter 119, F.S., and in accordance with all other requirements of chapter 119, F.S., or as otherwise provided by law. (c) This Agreement may be terminated by DEO for refusal by Recipient to comply with Florida's public records laws or to allow public access to any public record made or received by Recipient in conjunction with this Agreement. (d) If, for purposes of this Agreement, Recipient is a "contractor" as defined in section 119.0701(1)(a), F.S., Recipient shall transfer, at no cost to DEO, all public records upon completion or termination of this Agreement, and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All electronic records shall be provided to DEO in a DEO-compatible format. (e) Recipient shall notify DEO verbally within 24 chronological hours and in writing within 72 chronological hours if any data in Recipient's possession related to this Agreement is subpoenaed or improperly used, copied, or removed (except in the ordinary course of business) by anyone except an authorized representative of DEO. Recipient shall cooperate with DEO, in taking all steps as DEO deems advisable, to prevent misuse, regain possession, or otherwise protect the State's rights and the data subject's privacy. (0 Recipient acknowledges that DEO is subject to the provisions of chapter 119, F.S., relating to public records and that reports, invoices, and other documents Recipient submits to DEO under this Agreement may constitute public records under Florida Statutes. Recipient shall cooperate with DEO regarding DEO's efforts to comply with the requirements of chapter 119, F.S. (g) If Recipient submits records to DEO that are confidential and exempt from public disclosure as trade secrets or proprietary confidential business information, such records should be identified as such by Recipient prior to submittal to DEO. Failure to identify the legal basis for each exemption from the requirements of chapter 119, F.S., prior to submittal of the record to DEO serves as Recipient's waiver of a claim of exemption. (7) EMPLOYMENT ELIGIBLITY VERIFICATION (a) Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires DEO's subgrant agreements in excess of nominal value, if applicable, to expressly require Recipient to: 1. Utilize the U. S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by Recipient during this Agreement term; and, 2. Include in all subcontracts under this Agreement, the requirement that subcontractors performing work or providing services pursuant to this Agreement utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of the subcontract. (b) E-Verify is an Internet -based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to Page 4 of 55 �a £ZO-LO-00-Z4-a0-aSS4 uolieowpoW JeSa 94A=i : 89-9LOZ-S3N) U014e31l!p0W JeSa 94A=l :1u9iuy3e41V 06 work in the United States after the effective date of the required Memorandum of Understanding (MOU); the responsibilities and elections of federal contractors, however, may vary, as stated in Article II.D.l.c. of the MOU. There is no charge to employers to use E-Verify. The Department of Homeland Security's E-Verify system can be found at http://-,v-,vw.dhs.gov/files/programs/gc_1185221678150.shtm. (c) If Recipient does not have an E-Verify MOU in effect, Recipient must enroll in the E-Verify system prior to hiring any new employee after the effective date of this Agreement. (8) REPORTS Recipient shall provide DEO with all required reports as set forth in Modified Attachment C to this Agreement.' (a) If all required reports and copies are not sent to DEO, or are not completed in a manner acceptable to DEO, DEO may withhold further payments until such reports are completed or DEO may take other action as stated in Paragraph (12) of this Agreement. "Acceptable to DEO," means that the reports were completed in accordance with the Attachments of this Agreement. (b) Recipient shall provide additional program updates, reports, and information as may be required by DEO. (9) MONITORING (a) To ensure that the Scope of Work and other performance goals are being achieved, Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement. (b) In addition to reviews of audits conducted in accordance with Paragraph (5) above, monitoring procedures may include, but not be limited to, on -site visits by DEO staff, limited scope audits, and other procedures (c) Recipient, and all subcontractors, agree to comply with the most recent monitoring manual provided by DEO, and cooperate with any monitoring procedures/processes deemed appropriate by DEO. In the event that DEO determines that a limited scope review of Recipient is appropriate, Recipient agrees to comply with any additional instructions provided by DEO regarding such review. (d) Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. (e) DEO will monitor the performance and financial management by Recipient throughout the Agreement term to ensure timely completion of all tasks. (10) INDEMNIFICATION, INDEPENDENT CONTRACTOR STATUS (a) Unless Recipient is a state agency or subdivision, as defined in section 768.28, F.S., Recipient shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and DEO, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Recipient, its agents, employees, partners, or subcontractors, provided, however, that Recipient shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or DEO. N �O aY a r a� Y V R a Page 5 of 55 £ZO-60-00-U-00-SM uoi;eoil!poW 09SO 9LA=1 : 85-sm-S321) uolleowpoW 09SO 9LA=1 :luauayoeJJV � M � tC 0 � ao Any Recipient which is a state agency or subdivision, as defined in section 768.28, F.S., agrees to be fully a r d responsible for its negligent or tortious acts or omissions which result in claims or suits against DEO, and agrees to be cc liable for any damages proximately caused by its acts or omissions to the extent set forth in section 768.28, F.S. a Nothing herein is intended to serve as a waiver of sovereign immunity by any recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (b) For purposes of this Agreement, Recipient agrees that it is not an employee or agent of DEO, but is an independent contractor. DEO shall neither have nor exercise any control or direction over the methods by which Recipient shall perform its work and functions other than as provided herein. Nothing in this Agreement is intended to or shall be deemed to constitute a partnership or joint venture between the Parties. Recipient shall not represent to others that, as Recipient, it has the authority to bind DEO unless specifically authorized to do so. Recipient agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of DEO or the State of Florida. DEO shall not be responsible for withholding taxes with respect to Recipient's compensation hereunder. Recipient shall have no claim against DEO for vacation pay, sick leave, retirement benefits, social security, workers' compensation, health or disability benefits, reemployment assistance benefits, or employee benefits of any kind. Recipient shall ensure that its employees, subcontractors, and other agents, receive benefits and necessary insurance (health, workers' compensation, reemployment assistance benefits) from an employer other than the State of Florida. Recipient, at all times during the Agreement, must comply with the reporting and Reemployment Assistance contribution payment requirements of chapter 443, F.S. (11) DEFAULT If any of the following events occur ("Events of Default"), DEO shall have the right to terminate further payment of funds under this Agreement, and DEO may exercise any of its remedies set forth in Paragraph (12) of this Agreement. However, DEO may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by Recipient in this Agreement, or any previous agreement with DEO is, or becomes, false or misleading in any respect, or if Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with DEO and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of Recipient at any time during the term of this Agreement, and Recipient fails to cure this adverse change within thirty calendar days from the date written notice is sent by DEO; (c) If any reports required by this Agreement have not been submitted to DEO or have been submitted with incorrect, incomplete, or insufficient information; or Agreement. (d) If Recipient has failed to perform and complete in timely fashion any of its obligations under this Page 6 of 55 £ZO-60-00-U-00-SM uoi;eoil!poW OSSO S LA� : 99-S m-S321) uolleowpoW OSSO S LA� :;uauayoeJJV c� � to ado (12) REMEDIES a r N If an Event of Default occurs and DEO provides written notice to Recipient, DEO may exercise any one �a or more of the following remedies, either concurrently or consecutively: a (a) Terminate this Agreement, if Recipient has not cured the default within thirty calendar days of receipt of written notice of an Event of Default; (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) Exercise any corrective or remedial actions, to include but not be limited to: 1. Request additional information from Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. Advise Recipient to suspend, discontinue, or refrain from incurring costs for any activities in question, or 4. Require Recipient to reimburse DEO for the amount of costs incurred for any items determined to be ineligible; and (e) Exercise any other rights or remedies which may be otherwise available under law. Pursuing any of the above remedies will not keep DEO from pursuing any other remedies in this Agreement or provided at law or in equity. If DEO waives any right or remedy in this Agreement, or fails to insist on strict performance by Recipient, it will not affect, extend or waive any other right or remedy of DEO, or affect the later exercise of the same right or remedy by DECO for any other default by Recipient. (13) TERMINATION (a) DECO may terminate this Agreement for cause with thirty calendar days written notice. Cause includes misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform in a timely manner, failure to cure an Event of Default within thirty calendar days from receipt of the notice, or refusal by Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under chapter 119, F.S., as amended. The rights and remedies of DEO in this clause are in addition to any other rights and remedies provided by law or under this Agreement. Recipient shall not be entitled to recover any cancellation charges. (b) DEO may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing this Agreement would not produce beneficial results in line with the further expenditure of funds, by providing Recipient with thirty calendar days prior written notice. Recipient shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of this Agreement, if authorized in writing. Recipient shall not be entitled to recover any cancellation charges. (c) The Parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment shall state the effective date of the termination and the procedures for proper closeout of this Agreement. Page 7 of 55 �a £ZO-LO-00-Z4-a0-aSS4 uo!1eowpoW JeSa 94A=i : 89-9LOZ-S3N) u011eOWPOVY JeSa 94A=l :1u9uay3eUV 0 06 (d) If DEO issues a notice of Event of Default, Recipient shall stop incurring new obligations upon receipt of the notice. If DEO determines that Recipient has cured the Event of Default within the thirty -day cure period, DEO will provide notice to Recipient that it may resume incurring new obligations. Costs incurred for new obligations after receipt of a notice of Event of Default and until receipt of notice that it may resume incurring new obligations will be disallowed. If this Agreement is terminated by DEO because of Recipient's breach, such termination shall not relieve Recipient of liability under this Agreement. DEO may, to the extent authorized by law, withhold payments to Recipient for the purpose of set-off until the exact amount of damages due DEO from Recipient is determined. (14) NOTICE AND CONTACT (a) All notices provided by Recipient under or pursuant to this Agreement shall be in writing to DEO's Grant Manager and delivered by standard mail or electronic mail using the contact information provided in Subparagraph 14(b) below. (b) The name and address of DEO's Grant Manager for this Agreement is: Thea Austin, Grant Manager Department of Economic Opportunity Division of Community Development Bureau of Community Assistance 107 East Madison Street, MSC 400 Tallahassee, Florida 32399-4120 Email: dorothea.austin@deo.myflorida.com Phone: 850-717-8460 (c) The name and address of Recipient's Representative responsible for the administration of this Agreement is stated in Modified Attachment I of this Agreement. (d) In the event that different representatives or addresses are designated by either Party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as stated in Subparagraph (14)(a), above. (15) SUBCONTRACTS (a) Recipient shall not subcontract any of the work required under this Agreement prior to receiving DEO's confirmation that the proposed subcontract imposes the following requirements on subcontractor: 1. Subcontractor is bound by the terms of this Agreement, and each subcontract shall specifically include the requirements of Paragraph (5), AUDITS AND RECORDS. 2. Subcontractor is bound by all applicable state and federal laws and regulations; 3. Subcontractor shall indemnify and hold DEO and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed by law; and 4. Subcontractor shall disclose to Recipient and DEO if it is on the Convicted Vendor List identified in section 287.133(2), F.S., or the Discriminatory Vendor List identified in section 287.134(2), F.S. Page 8 of 55 LO W zr a r a� Y V R a £ZO-LO-00-Z4-a0-aSS4 uo!leowpoW JeSa 94A=i : 89-9LOZ-S3N) u0!le3iPPOW JeSa 94A=l :luaiuyOe11V �a � co 0 06 (b) For each subcontract, Recipient shall provide a written statement to DEO as to whether that a r subcontractor is a certified minority business, as defined in section 287.0943, F.S. Y R (c) In addition, prior to entering into a contract with any subcontractor to be paid with funds under this n Agreement, Recipient shall submit to DEO the completed Modified Attachment G to this Agreement. (16) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the Parties. (17) ATTACHMENTS AND EXHIBITS (a) All attachments and exhibits to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (c) This Agreement has the following attachments and exhibits (check all that are applicable): ® Exhibit 1 - Audit Requirements ® Exhibit 1-A — Funding Sources ® Exhibit 2 — Audit Compliance Certification ® Exhibit 3 - Subrecipient Federal Awards Agreements Checklist ® Attachment A - Scope of Work ® Attachment B - Program Statutes and Regulations ® Attachment C - Reports ® Attachment D - Property Management and Procurement ® Attachment E - Statement of Assurances ® Attachment F - Warranties and Representations ® Attachment G - Certification Regarding Debarment ® Attachment H — Trafficking Victims Protection Act of 2000 ® Attachment I - Recipient Information ® Attachment J - Budget Summary ® Attachment K — Subcontractor Information and Budget Summary ® Attachment L — Budget Detail ® Attachment M - Secondary Administrative Expenses ® Attachment N — Workplan and Deliverables ❑ Attachment O —justification of Advance (18) FUNDING/CONSIDERATION (a) This is a cost -reimbursement agreement. Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $383,417. subject to the availability of funds and appropriate budget authority. Until DEO provides further notice to Recipient's contact person identified in Modified Attachment I, however, Recipient is only authorized to incur costs in an amount not to exceed $341,948. Upon receipt of written notice from DEO authorizing additional costs to be incurred, changes to the costs Recipient may incur must be accomplished using the Informal Modification process identified in Modified Attachment B. The Page 9 of 55 c� £Z0-60-00-ZV00-8S9L uoi;eoil!poW 09so 9LA=1 : 85-540Z-S321) uolleowpoW 09so 9LA=1 :;uauayoeJJV 0 terms of this Agreement shall be considered to have been modified to allow Recipient to incur additional costs upon Recipient's receipt of the written notice from DEO. This revised agreement amount includes: 1. $251,638 Current CSBG Allocation (FY 2015) 2. $73,372 Carryover from FY 2014 3. $58,407 Base Increase (FY 2015) 4. $383,417 Total (Amended CSBG Allocation) (b) Any advance payment under this Agreement is subject to section 216.181(16), F.S. The amount which may be advanced may not exceed the expected cash needs of Recipient within the first three months of the term of this Agreement. Any advance payment is also subject to the Super Circular and the Cash Management Improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Modified Attachment M. Modified Attachment M will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. (c) Recipient must expend an amount equal to or greater than the amount of the initial advance within the first three months of the term of this Agreement. If Recipient has not expended an amount equal to the initial advance by the end of the first three months of the term of this Agreement, Recipient shall submit a written explanation to DEO. (d) After the initial advance, if any, payment shall be made on a cost -reimbursement basis. (e) If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer, or under Subparagraph (20)(0 of this Agreement, all obligations on the part of DEO to make any further payment of funds shall terminate, and Recipient shall submit its closeout report within thirty calendar days of receiving notice from DEO. (0 Recipient and its subcontractors may only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Agreement period. (g) Recipient shall refund to DEO any balance of unobligated funds which has been advanced or paid to Recipient. (h) Recipient shall refund to DEC) all funds paid in excess of the amount to which Recipient or its subcontractors are entitled under the terms and conditions of this Agreement. (19) REPAYMENTS (a) All refunds or repayments to be made to DEC) under this Agreement are to be made payable to the order of "Department of Economic Opportunity" and mailed directly to DEO at the following address: Page 10 of 55 m IL r a� Y V R IL £Z0-60-00-ZV00-8S9L uoi;eoiPpow 09so SLA� : 99-540Z-S321) uolleowpow 09so SLA� :luauayoeJJV ca 00 m o � ao a r a� Department of Economic Opportunity �a Division of Community Development a Bureau of Community Assistance 107 East Madison Street, MSC 400 Tallahassee, Florida 32399-4120 In accordance with section 215.34(2), F.S., if a check, or other draft, is returned to DEO for collection, Recipient shall pay to DEO a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the returned check or draft, whichever is greater. (b) If Recipient's non-compliance with any provision of this Agreement results in additional cost or monetary loss to DEO or the State of Florida, DEO can recoup that cost or loss from monies owed to Recipient under this Agreement or any other Agreement between Recipient and any State entity. In the event that the discovery of this cost or loss arises when no monies are available under this Agreement or any other Agreement between Recipient and any State entity, Recipient will repay such cost or loss in full to DEO within thirty (30) days of the date of notice of the amount owed, unless DEO agrees, in writing, to an alternative timeframe. (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 Recipient in this Agreement, in any later submission or response to a DEO request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes may, at the option of DEO, and within thirty calendar days written notice to Recipient, cause the termination of this Agreement and the release of DEO from all its obligations under this Agreement. (b) Recipient agrees that this Agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws, rules, and regulations of the State of Florida. Each Party shall perform its obligations herein in accordance with the terms and conditions of this Agreement. Without limiting the provisions of Paragraph (11), Default, the exclusive venue of any legal or equitable action that arises out of or relates to this Agreement shall be the appropriate state court in Leon County, Florida; in any such action, the Parties waive any right to jury trial. (c) Any power of approval, or disapproval, granted to DEO under the terms of this Agreement shall survive the term of this Agreement. (d) This Agreement may be executed in any number of counterparts each of which shall be an original and all of which shall constitute but one and the same instrument. (e) Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. section 12101, etLe- .), and the Florida Civil Rights and Fair Housing Acts (sections 760.01 — 760.37, F.S.), which prohibit discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, state and local government services, and telecommunications. Page 11 of 55 £ZO-LO-00-Z4-a0-aSS4 uo!1eowpoW JeSa 94A=i : 89-9LOZ-S321) uo!1eOMPOVY JeSa 94A=l :luatuyOelly �a � co 06 (f) The State of Florida's performance and obligation to pay under this Agreement is contingent upon a r aD an annual appropriation by the Legislature, and subject to any modification in accordance with chapter 216, F.S., or U �a the Florida Constitution. n (g) 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. (h) Any bills for travel expenses shall be submitted in accordance with section 112.061, F.S. (i) If Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall be returned to DEC). 0) Recipient is subject to Florida's Government in the Sunshine Law (section 286.011, F.S.) with respect to the meetings of Recipient's governing board to discuss, receive recommendations, or take action required pursuant to this Agreement, or the meetings of any subcommittee making recommendations to the governing board regarding matters pursuant to this Agreement. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with chapter 119, F.S. (k) All unmanufactured and manufactured articles, materials, and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. section 8302, unless it would not be in the public interest or unreasonable in cost. p) DEO shall ensure compliance with section 11.062, F.S., and section 216.347, F.S. The use of funds under this Agreement for the purpose of lobbying the Florida Legislature, the judicial branch, or any state agency is prohibited pursuant to section 216.347, F.S. Recipient shall not, in connection with this or any other agreement with the State, directly or indirectly: (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty; or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (2), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kinds. Upon request of DEO's Inspector General, or other authorized State official, Recipient shall provide any type of information the Inspector General . deems relevant to Recipient's integrity or responsibility. Such information may include, but shall not be limited to, Recipient's business or financial records, documents, or files of any type or form that refer to or relate to this Agreement. Recipient shall retain such records for the longer of. (1) five years after the expiration of this Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State available at: htWs://dlis.dos.state.fl.us/recordsmgmt/gen records schedules cfm. (m) Recipient agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of Recipient's compliance with the terms of this or any other agreement between Recipient and the State which results in the suspension or debarment of Recipient. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. Recipient shall not be responsible for any costs of investigations that do not result in Recipient's suspension or debarment. Page 12 of 55 £Z0-60-00-ZV00-8S9L uoi;eoil!poW 09so 9LA=1 : 85-540Z-S321) uolleowpoW 09so 9LA=1 :luauayoeJJV o ado (n) Public Entity Crime: Pursuant to section 287.133(2)(a), F.S., a person or affiliate who has been placed a r N on the Convicted Vendor List following a conviction for a public entity crime may not submit a bid, proposal, or �a reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a a contract with a public entity for the construction or repair of a public building or public ,,work; may not submit bids, proposals, or replies 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 any public entity and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S., for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Recipient affirms that it is aware of the provisions of section 287.133(2)(a), F.S., and that at no time as Recipient been convicted of a Public Entity Crime. Recipient agrees that it shall not violate such law and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement in accordance with section 287.133(4), F.S. (o) Advertising: Subject to chapter 119, F.S., Recipient shall not publicly disseminate any information concerning this Agreement without prior written approval from DEO, including, but not limited to mentioning this Agreement in a press release or other promotional material, identifying DEO or the State as a reference, or otherwise linking Recipient's name and either a description of this Agreement or the name of DEO or the State in any material published, either in print or electronically, to any entity that is not a Party to this Agreement, except potential or actual authorized distributors, dealers, resellers, or service representatives. (p) Sponsorship: As required by section 286.25, F.S., if Recipient is a nongovernmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this Agreement, it shall, in publicizing, advertising, or describing die sponsorship of the program, state: "Sponsored by [Recipient's name] and the State of Florida, Department of Economic Opportunity." If the sponsorship reference is in written material, the words "State of Florida, Department of Economic Opportunity" shall appear in the same size letters or type as the name of the organization. (q) Mandatory Disclosure Requirements: 1. Conflict of Interest: This Agreement is subject to chapter 112, F.S. Recipient shall disclose the name of any officer, director, employee, or other agent who is also an employee of the State. Recipient shall also disclose the name of any State employee who owns, directly or indirectly, more than a five percent (50.'0) interest in Recipient or its affiliates. 2. Convicted Vendors: Recipient shall disclose to DEO if it is on the Convicted Vendor List. A person or affiliate placed on the Convicted Vendor List following a conviction for a Public Entity Crime is prohibited from doing any of the activities listed in Subparagraph (20)(n) above for a period of 36 months from the date of being placed on the Convicted Vendor List. 3. Vendors on Scrutinized Companies Lists: If this Agreement is in the amount of $1 million or more, in executing this Agreement, Recipient certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, F.S. Page 13 of 55 �a £ZO-LO-00-Z4-a0-aSS4 uo!ieowpoW JeSa 94A=i : 89-9LOZ-S321) uo!leOWPOVY JeSa 94A=l :1u9tuyOe41V 06 a. Pursuant to section 287.135(5), F.S., DEO may immediately terminate this Agreement for cause a- r aD if Recipient is found to have submitted a false certification or if Recipient is placed on the Scrutinized Companies with ut �a Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during n the term of this Agreement. b. If DEO determines that Recipient has submitted a false certification, DEO will provide written notice to Recipient. Unless Recipient demonstrates in writing, witivn ninety days of receipt of the notice, that DEO's determination of false certification was made in error, DEO shall bring a civil action against Recipient. If DEO's determination is upheld, a civil penalty equal to the greater of $2 million or twice the amount of this Agreement shall be imposed on Recipient, and Recipient will be ineligible to bid on any contract with an agency or local governmental entity for three (3) years after the date of DEO's determination of false certification by Recipient. c. In the event that federal law ceases to authorize the states to adopt and enforce the contracting prohibition identified herein, this provision shall be null and void. 4. Discriminatory Vendors: Recipient affirms that it is aware of the provisions of section 287.134(2)(a), F.S., and that at no time has Recipient been placed on the Discriminatory Vendor List. Recipient further agrees that it shall not violate such law during the term of this Agreement. Recipient shall disclose to DEO if it appears on the Discriminatory Vendor List. An entity or affiliate placed on the Discriminatory Vendor List pursuant to section 287.134, F.S., may not: a. Submit a bid on a contract to provide any goods or services to a public entity; b. Submit a bid on a contract with a public entity for the construction or repair of a public building or public work; c. Submit bids on leases of real property to a public entity; or d. Be awarded or perform work as a contractor, supplier, sub -contractor, or consultant under a contract with any public entity; or transact business with any public entity. (r) Abuse, Neglect, and Exploitation Incident Reporting - In compliance with sections 39.201 and 415.1034, F.S., an employee of Recipient who knows or has reasonable cause to suspect that a child, aged person, or disabled adult is or has been abused, neglected, or exploited shall immediately report such knowledge or suspicion to the Florida Abuse Hotline by calling 1-800-96ABUSE, or via the web reporting option at http://www.dcf.state.fl.us/abuse/report/, or via fax at 1-800-914-0004. (21) _FEDERAL REQUIREMENTS PERTAINING TO LOBBYING (a) Federal grant funds provided under this Agreement may not be used by any Recipient or Subcontractor to support lobbying activities to influence proposed or pending Federal legislation or appropriations. This prohibition is related to the use of Federal grant funds and not intended to affect an individual's right or that of any organization, to petition Congress, or any other level of Government, through the use of other resources (See 45 CFR part 93). (b) Recipient certifies, by the authorized representative's signature to this Agreement, that to the best of its knowledge and belief, no federal appropriated funds have been paid or will be paid, by or on behalf of Recipient, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Page 14 of 55 £ZO-LO-00-Z4-a0-aSS4 uolieowpoW JeSa 94A=i : 89-9LOZ-S321) U014e31l!poW JeSa 94A=l :;uauayOeUV N 06 Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the a r aD awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of U �a any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal n contract, grant, loan or cooperative agreement. (c) 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 federal 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, Recipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." (d) Recipient shall comply with the requirements of 31 U.S.C. section 1352, and require all subcontractors of subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) to comply with 31 U.S.C. section 1352. In addition, Recipient shall ensure that all subawards contain the certification set forth in Subparagraph (21)(b) above and the content of Subparagraph (21)(c) above. Recipient shall require that all Subcontractors provide such certifications and, when applicable, submit the completed Disclosure Form to Report Lobbying. 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. Any person who makes an expenditure prohibited by Subparagraph (21)(b) or fails to file or amend the declaration required by Subparagraph (21)(c) shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure and such failure. (22) COPYRIGHT, PATENT AND TRADEMARK Any, and all, patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. Any and all copyrights accruing under or in connection with the performance of this Agreement are hereby transferred by Recipient to the State of Florida. (a) If Recipient has a pre-existing patent or copyright, Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless this Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, Recipient shall refer the discovery or invention to DEO for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, Recipient shall notify DEC). Any copyrights accruing under or in connection with the performance under this Agreement are transferred by Recipient to the State of Florida. (c) Within thirty days of execution of this Agreement, Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. DEO shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of this Agreement. Page 15 of 55 £Z0-60-00-ZV00-8S9L uoi;eoil!poW 09so 9LA=1 : 85-540Z-S321) uoi;eowpoW 09so 9LA=1 :luauayoeJJV M ado (23) LEGAL AUTHORIZATION a r d (a) Recipient certifies that it has the legal authority to receive the funds under this Agreement and that it's cc governing body has authorized the execution and acceptance of this Agreement. Recipient also certifies that the a undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. (b) Prior to execution of this Agreement, Recipient must disclose all prior or on -going civil or criminal litigation, investigations, arbitration or administrative proceedings (Proceedings) involving Recipient (and each subcontractor) in a written statement to DEO's Grant Manager. Thereafter, Recipient has a continuing duty to promptly disclose all Proceedings upon occurrence. This duty of disclosure applies to Recipient's or subcontractor's officers and directors when any Proceeding relates to the officer or director's business or financial activities. Details of settlements that are prevented from disclosure by the terms of the settlement may be annotated as such. (24) ASSURANCES Recipient shall comply with any Statement of Assurances incorporated as Modified Attachment E. (25) PURCHASING (a) Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE): In accordance with section 946.515(6), F.S., if a product or service required for the performance of this Agreement is certified by or is available from PRIDE and has been approved in accordance with section 946.515(2), F.S., the following statement applies: It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from the corporation identified under chapter 946, Florida Statutes, in the same manner and under the same procedures set forth in section 946.515(2) and (4), Florida Statutes; and for purposes of this contract the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. The above clause is not applicable to subcontractors unless otherwise required by law. Additional information about PRIDE and the products it offers is available at http://www.pride-enterprises.org. (b) Products Available from the Blind or Other Handicapped (RESPECT): In accordance with section 413.036(3), F.S., if a product or service required for the performance of this Agreement is on the procurement list established pursuant to section 413.035(2), F.S., the following statement applies: It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes; and for purposes of this contract, the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Page 16 of 55 £ZO-60-00-U-40-SM u01WOMPOw 99SO M=1 : 8S-S60Z-S3m) Uolwo !p0W JBSO m=l :;U8Wt43eJJV �a � 006 Additional information about the designated nonprofit agency and the products it offers is available at a r aD http: / /-,v-,vw.respectofflorida.orr � �a (c) Recipient agrees to procure any recycled products or materials which are the subject of or are required a to carry out this Agreement in accordance with section 403.7065, F.S. (26) SEVERABILITY If any provision, in whole or in part, of this Agreement is held to be void or unenforceable by a court of competent jurisdiction, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable, and all other provisions remain in full force and effect. Remainder of thi page intentionally left blank Page 17 of 55 £ZO-LO-00-Z4-a0-aSS4 uolieowpoW JeSa 94A=i : 89-9LOZ-S3N) uolle31J!poW JeSa 94A=l :luatuy3e41V �a � 06 STATE OF FLORIDA a r a� Y DEPARTMENT OF ECONOMIC OPPORTUNITY U a FEDERALLY FUNDED SUBGRANT AGREEMENT MODIFICATION SIGNATURE PAGE IN WITNESS WHEREOF, the Parties have duly executed and delivered this Modification as of the date set forth below. RECIPIENT St. Lucie County (I'ype Legal Name of Recipient) IC (Type Name and Title Here) Date: Federal Identification Number 072215403 DUNS* Number 15SB-OD-12-00-01-023 Agreement Number STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY By: William B. Killingsworth, Director Division of Community Development Date: Approved as to form and legal sufficiency, subject only to full and proper execution by the Parties. Office of the General Counsel Department of Economic Opportunity By: Approved Da Page 18 of 55 £ZO-LO-00-Z4-a0-aSS4 uo!1eowpoW JeSa 94A=i : 89-9LOZ-S3N) uo!1eOWPOVY JeSa 94A=l :luatuy3elly �a � o � 06 FY 2015 CSBG AGREEMENT a r EXHIBIT 1 AUDIT REQUIREMENTS a The administration of resources awarded by DEO to Recipient may be subject to audits and/or monitoring by DEO as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by DEO staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by DEO. In the event DEO determines that a limited scope audit of Recipient is appropriate, Recipient agrees to comply with any additional instructions provided by DEO staff to Recipient regarding such audit. Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that Recipient expends $300,000 ($500,000 forfrscalyears ending after December 31, 2003) or more in Federal awards in its fiscal year, Recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1-A to this agreement indicates Federal resources awarded through DEO by this agreement. In determining the Federal awards expended in its fiscal year, Recipient shall consider all sources of Federal awards, including Federal resources received from DEO. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If Recipient expends less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that Recipient expends less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from Page 19 of 55 �a £ZO-LO-00-Z4-a0-aSS4 uo!ieowpoW JeSa 94A=i : 89-9LOZ-S3N) U01WOWPOVY JeSa 94A=l :1u9tuy3e41V 0 06 non -Federal resources (i.e., the cost of such an audit must be paid from Recipient resources obtained from other than Federal entities). 4. Although the audit provisions of OMB Circular A-133 ordinarily do not apply to for -profit sub recipients, in the case of Federal funding provided by the U.S. Department of Health and Human Services, Circular A-133 does apply. See 45 C.F.R. 74.26 for further details. 5. A web site that provides links to several Federal Single Audit Act resources can be found at: http://harvester.census.gov/sac/sainfo.html. PART II: STATE FUNDED This part is applicable if Recipient is a non -state entity as defined by Section 215.97(2), F.S. In the event that Recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient (for fiscal years ending September 30, 2004 or thereafter), Recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1-A to this agreement indicates state financial assistance awarded through DEO by this agreement. In determining the state financial assistance expended in its fiscal year, Recipient shall consider all sources of state financial assistance, including state financial assistance received from DEO, other state agencies, and other non -state entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a non -state entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, Recipient shall ensure that the audit complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If Recipient expends less than $500,000 in state financial assistance in its fiscal year (for fiscal years ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. In the event that Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from Recipient's resources obtained from other than State entities). 4. Additional information regarding the Florida Single Audit Act can be found at: http://www.myflorida.com/fsaa/statutes.html. PART III: OTHER AUDIT REQUIREMENTS Page 20 of 55 £ZO-LO-00-Z4-a0-aSS4 uo!ieowpoW JeSa 94A=i : 89-9LOZ-S321) U01WOWPOVY JeSa 94A=l :;uatuy3e;ly ca co oho (NOTE: Thi part would be used to sped any additional audit requirements imposed by the State awarding entity that are a solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws and is not in conflict Y with other Federal or State audit requirements). Pursuant to Section 215.97(8), F.S., State agencies may conduct ca or arrange for M audits of state financial assistance that are in addition to audits conducted in accordance with Section 215.97, F.S.. In such an n event, the State awarding agent' must arrange forfunding the full cost of such additional audits.) N/A PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Part I of this Exhibit shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of Recipient directly to each of the following at the address indicated: A. DEO at each of the following addresses: Electronic copies (preferred): Audit(@deo.myflorida.com or Paper (hard copy): Department Economic Opportunity MSC # 130, Caldwell Building 107 East Madison Street Tallahassee, Fl. 32399-4126 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse) at the following address: http://han,ester.census.gov/fac/collect/ddeindex.html C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (0, OMB Circular A-133, as revised. 2. Pursuant to Section .320 (0, OMB Circular A-133, as revised, Recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised and any management letter issued by the auditor, to DEC) at each of the following addresses: Electronic copies (preferred): Audit(Qdeo.myflorida.com Paper (hard copy): Department Economic Opportunity MSC # 130, Caldwell Building Page 21 of 55 £ZO-LO-00-Z4-a0-aSS4 uolieowpoW JeSa 94A=i : 89-9LOZ-S321) uolle31J!poW JeSa 94A=l :luauay3elly �a � o � 06 107 East Madison Street a r aD Tallahassee, Fl. 32399-4126 Y U �a a 3. Copies of financial reporting packages required by PART II of this Exhibit shall be submitted by or on behalf of Recipient directly to each of the following: A. DEO at each of the following addresses: Electronic copies (preferred): AuditQdeo.myflorida.com or Paper (hard copy): Department Economic Opportunity MSC # 130, Caldwell Building 107 East Madison Street Tallahassee, Fl. 32399-4126 B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, FL 32399-1450 Email Address: flaudgen localgovt@aud.state.fl.us �. Copies of reports or the management letter required by Part III of this Exhibit shall be submitted by or on behalf of Recipient directly to: A. DEO at each of the following addresses: N/A 5. Any reports, management letter, or other information required to be submitted to DEO pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to DEO for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to Recipient in correspondence accompanying the reporting package. Page 22 of 55 c� M-60-00-U-00-SM uoi;eoil!poW 09SO S LA=1 : 89-S m-Sam) uoi;eowpoW 09SO S LA=1 :;uauayoejjV 0 PART V: RECORD RETENTION Recipient shall retain sufficient records demonstrating its compliance with the terms of this Exhibit for a period of five (5) years from the date the audit report is issued, or five (5) state fiscal years after all reporting requirements are satisfied and final payments have been received, whichever period is longer, and shall allow DEO, or its designee, CFO, or Auditor General access to such records upon request. In addition, if any litigation, claim, negotiation, audit, or other action involving the records has been started prior to the expiration of the controlling period as identified above, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the controlling period as identified above, whichever is longer. Recipient shall ensure that audit working papers are made available to DEO, or its designee, CFO, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by DEO. Page 23 of 55 �a £ZO-L0-00-Z4-a0-aSS4 uo!;eowpoW JeSa 94A=i : 89-9LOZ-S3N) u014e31J!p0W JeSa 94A=l :;uaWyoe;;y co o � 0 a FY 2015 CSBG AGREEMENT ;D EXHIBIT 1-A U FUNDING SOURCES n FEDERAL RESOURCES AWARDED TO RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number, and amount): Federal Program: Community Services Block Grant Program Federal AgencyL.U.S. Department of Health and Human Services Federal Identifier: G-12B2FLCOSR Catalog of Federal Domestic Assistance Tide: Community Services Block Grant Program Catalog of Federal Domestic Assistance Number: 93.569 Recipient: St. Lucie County Award Amount: $383,417 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Federal Program: List applicable compliance requirements as follows.• First applicable compliance requirement (e.g., what services/purposes resources must be used for): Recipient shall use the CSBG funds to provide a range of services and activities having a measurable and potentially major impact on poverty in the communities where poverty is a particularly acute problem. These funds will be expended in accordance with Modified Attachment A, Modified Attachment B, Modified Attachments I-M, applicable OMB Circulars, and the FY 2014-2016 CSBG State Plan. 2. Second applicable compliance requirement (eg., eligibility requirements for redrpients of the resources): Recipient shall comply with applicable OMB Circulars and eligibility requirements as set forth in the U.S. Department of Health and Human Services regulations codified in Title 45 of the Code of Federal Regulations, Part 96 — Block Grants, and Title 31 of the Code of Federal Regulations, Part 205 — Cash Management Improvement Act of 1990. STATE RESOURCES AWARDED TO RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: None MATCHING RESOURCES FOR FEDERAL PROGRAMS: None SUBJECT TO SECTION 215.97, FLORIDA STATUTES: None State Project: None COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: None NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5), F.S., require that the information about Federal Programs and State Projects included in Exhibit 2 be provided to Recipient. Page 24 of 55 £ZO-L0-00-Z4-a0-aSS4 uo!ieowpoW JeSa 94A=i : 89-9LOZ-S3N) u014ec)IPPOW JeSa 94A=l :1u9Wy3e41V � N co 0 a FY 2015 CSBG AGREEMENT Y EXHIBIT 2 U AUDIT COMPLIANCE CERTIFICATION a Recipient Name: FEIN: Recipient's Fiscal Year: Contact Person Name and Phone Number: Contact Person Email Address: DID RECIPIENT EXPEND STATE FINANCIAL ASSISTANCE, DURING ITS FISCAL YEAR, THAT IT RECEIVED UNDER ANY AGREEMENT (E.G., CONTRACT, GRANT, MEMORANDUM OF AGREEMENT, MEMORANDUM OF UNDERSTANDING, ECONOMIC INCENTIVE AWARD AGREEMENT, ETC.) BETWEEN CONTRACTOR AND THE DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO)? YES NO IF THE ABOVE ANSWER IS YES, ALSO ANSWER THE FOLLOWING BEFORE PROCEEDING TO ITEM 2: DID RECIPIENT EXPEND $500,000 OR MORE OF STATE FINANCIAL ASSISTANCE (FROM DEO AND ALL OTHER SOURCES OF STATE FINANCIAL ASSISTANCE COMBINED) DURING ITS FISCAL YEAR? YES NO IF YES, RECIPIENT CERTIFIES THAT IT WILL TIMELY COMPLY WITH ALL APPLICABLE STATE SINGLE OR PROJECT -SPECIFIC AUDIT REQUIREMENTS OF SECTION 215.97, FLORIDA STATUTES, AND THE APPLICABLE RULES OF THE DEPARTMENT OF FINANCIAL SERVICES AND THE AUDITOR GENERAL. 2. DID RECIPIENT EXPEND FEDERAL AWARDS, DURING ITS FISCAL YEAR, THAT IT RECEIVED UNDER ANY AGREEMENT (E.G., CONTRACT, GRANT, MEMORANDUM OF AGREEMENT, MEMORANDUM OF UNDERSTANDING, ECONOMIC INCENTIVE AWARD AGREEMENT, ETC.) BETWEEN CONTRACTOR AND DEO? YES NO IF THE ABOVE ANSWER IS YES, ALSO ANSWER THE FOLLOWING BEFORE PROCEEDING TO EXECUTION OF THIS CERTIFICATION: DID RECIPIENT EXPEND $750,000 OR MORE IN FEDERAL AWARDS (FROM DEO AND ALL OTHER SOURCES OF FEDERAL AWARDS COMBINED) DURING ITS FISCAL YEAR? YES NO IF YES, RECIPIENT CERTIFIES THAT IT WILL TIMELY COMPLY WITH ALL APPLICABLE SINGLE OR PROGRAM -SPECIFIC AUDIT REQUIREMENTS OF 2 CFR, PART 200, SUBPART F. By signing below, I certify, on behalf of Recipient, that the above representations for items 1 and 2 are true and correct. Signature of Authorized Representative Printed Name of Authorized Representative Date Tide of Authorized Representative Page 25 of 55 �a 06 £ZO-L0-00-Z4-a0-aSS4 uo!ieowpoW JeSa 94A=i : 89-9LOZ-S3N) uo!leoWPOVY JeSa 94A=l :1u9Wy3e41V FY 2015 CSBG AGREEMENT MODIFIED EXHIBIT 3 SUBRECIPIENT FEDERAL AWARD AGREEMENTS CHECKLIST SUBRECIPIENT Criteria INFORMATION Required Federal Award Identification Information 2 CFR 200.331 (i) Subreci Tent name which must match registered name in DUNS); St. Lucie County (a)(1) Subrecipient's DUNS number (see § 200.32 Data Universal 072215403 Numbering SystemPUNS) number); (m) Federal Award Identification Number (FAIN); G-12B2FLCOSR November 18, (iv) 2014 and Federal Award Date see § 200.39 Federal award date); December 22, 2014 October 1, 2014; (v) Subaward Period of Performance Start and End Date; September 30, 2015 (Vi) Amount of Federal Funds Obligated by this action; $383,417 (vii) Total Amount of Federal Funds Obligated to the subreciTent; $383,417 (viii) Total Amount of the Federal Award; $19,493,928 The Community Services Block Grant (CSBG) provides funds to (ix) alleviate the causes and conditions of Federal award project description, as required to be responsive to the poverty in Federal Funding Accountability and Transparency Act FATA ; communities Federal Awarding Agency: U.S. Department of Health and Human Services; Pass Through (x) Entity: Florida Department of Economic Opportunity Contact: Paula Name of Federal awarding agency, pass -through entity, and contact Lemmo, 850-717- information for awarding official, 8450 CFDA Number and Name; the pass -through entity must identify the 93.569; Community (xi) dollar amount made available under each Federal award and the CFDA Services Block number at time of disbursement; Grant Program (xii) Identification of whether the award is R&D; and No See Modified (xiii) Indirect cost rate for the Federal award (including if the de minimis Attachments C and rate is charged per 5 200.414 Indirect &A costs). L Page 26 of 55 �a 0 06 £ZO-LO-OO-Z4-aO-aSS4 uo!ieowpoW JeSa 94A=i : 89-9LOZ-S3N) U01WOWPOVY JeSa 94A=l :;uauayOeUV 2 CFR 200.331 All requirements imposed by the pass -through entity on the See Modified (a)(2) subrecipient so that the Federal award is used in accordance with Attachments A, B Federal statutes, regulations and the terms and conditions of the and C Federal award. 2 CFR Any additional requirements that the pass -through entity imposes on 200.331 the subrecipient in order for the passthrough entity to meet its own See Modified (a) (3) responsibility to the Federal awarding agency including identification of Attachments A, B any required financial and performance reports. and C 2 CFR An approved federally recognized indirect cost rate negotiated between 200.331 the subrecipient and the Federal government or, if no such rate exists, See Modified (a)(4) either a rate negotiated between the pass -through entity and the Attachments C and subrecipient (in compliance with this Part), or a de minimis indirect cost I" rate as defined in § 200.414 Indirect (F&A) costs, paragraph (b) of this Part. 2 CFR A requirement that the subrecipient permit the pass -through entity and 200.331 auditors to have access to the subrecipient's records and financial (a)(5) statements as necessary for the pass -through entity to meet the Yes, Paragraph (5) requirements of this section, §§ 200.300 Statutory and national policy of this Agreement requirements through 200.309 Period of performance and Subpart F - Audit Requirements of this Part. 2 CFR Appropriate terms and conditions concerning closeout of the subaward. 200.331 See Modified (a)(6) Attachment C CO zr a aD Y U M a - Page 27 of 55 1a £ZO-LO-00-Z4-a0-aSS4 uolieowpoW JeSa 94A=i : 89-9LOZ-S321) U014e311!p0W JeSa 94A=l :1u9tuy3e41y LO co 06 FY 2015 CSBG AGREEMENT a MODIFIED ATTACHMENT A Y SCOPE OF WORK U a Recipient shall comply with, and if applicable, shall ensure all subcontractors' compliance with, the following requirements: A. Payment and Deliverables Recipient shall be reimbursed monthly for expenditures reported on its Monthly Financial Status Report as described in Modified Attachment C, Reports. Reimbursement shall be made on a monthly basis for Deliverables accepted by DEO as having been successfully completed. (1) "Deliverables" are defined as a. The expected total number of individuals with low income to be served as identified in Modified Attachment N, Workplan and Deliverables; and b. Certification that Recipient operated during its regular business hours as identified in Modified Attachment F, Warranties and Representations. (2) Deliverables shall be reported monthly on Recipient's Monthly Financial Status Report as described in Modified Attachment C, Reports. (3) Successful completion of the Deliverables shall be determined by receipt by DEO of Recipient's Monthly Financial Status Report containing the certification required in Subparagraph A.(1)b. above. B. Financial Consequences (1) DEO shall not reimburse any expenditures associated with Deliverables not accepted by DEO as successfully completed; however, this does not preclude Recipient from receiving payment for such expenditures upon successful completion of the Deliverable. (2) If Recipient fails to be open, and available, for services according to its regular business hours as identified in Modified Attachment F, Warranties and Representations, outside weekends and holidays, Recipient shall pay to DEO financial consequences for such failure, unless DEO waives such failure in writing based upon its determination that the failure was due to factors beyond the control of Recipient. (3) Recipient's failure shall result in an assessment of a financial consequence in the amount of $10.00 per day Recipient failed to operate according to its regular business hours, up to a maximum of $100.00. (4) Any amounts due under this financial consequence shall be paid by Recipient out of non-federal funds. (5) Any Recipient which received funding in the previous fiscal year will not have its present or future funding terminated or reduced below the proportional share of funding it received in the previous year, unless after notice, and opportunity for hearing on the record, DEO determines that cause existed for such termination or reduction subject to the procedures and review by the Secretary of the U.S. Department of Health and Human Services as provided in 42 U.S.0 section 9915 of the Community Services Block Grant Act (the "Ace,). Page 28 of 55 £ZO-L0-00-Z4-a0-aSS4 uo!ieowpoW JeSa 94A=i : 89-9LOZ-S3N) uo!leoWPOVY JeSa 94A=I :;uatuyoe;;y �a � 00 o � 06 (6) The Financial Consequences identified in this Agreement do not preclude Recipient from being subject to n r a� "Debarment and Suspension" as prescribed by DEO. When a Recipient fails to comply with the terms of this U M Agreement, a temporary suspension of funding for enforcement purposes may be instituted, but shall not n constitute a statutory termination or reduction of funding as prescribed by 42 U.S.0 section 9915 of the Act. C. Definitions (1) "Administrative Expense" — Those costs that refer to central executive functions that do not directly support a specific project or service. Costs that are incurred for common objectives that benefit multiple programs administered by Recipient. Administrative expenses relate to the general management of the organization, such as strategic direction, board development, Executive Director functions, accounting, budgeting, personnel, procurement, and legal services. (Information Memorandum from the Office of Community Services for the United States Department of Health and Human Services, IM No. 37, issued March 12, 2013). (2) "Applicant" — A person or persons who has submitted or requested an application for services. (3) "Application Date" - The date the application is completed (whether by self or with assistance), signed by the Applicant, and verified by Recipient's staff. This date shall not be changed. (4) "Application Receipt" — The date an Applicant first submits an application for assistance. (5) "Community Action Plan" — the Community Action Plan as submitted by Recipient according to 42 U.S.C. section 9908(b)(11) of the Act. Recipient shall use the most recent DEO Community Action Plan template. (6) "Eligible Activities" — include, but are not limited to, the following. a. A range of services and activities having a measurable and potentially major impact on causes of poverty in the community or those areas of the community where poverty is a particularly acute problem; b. Activities designed to assist eligible participants with low-income to: 1. Secure and retain meaningful employment; 2. Attain an adequate education; 3. Make better use of available income; 4. Obtain and maintain adequate housing and a suitable living environment; 5. Obtain emergency assistance to meet immediate and urgent individual and family needs, including the need for health related assistance; 6. Remove obstacles and solve problems that block the achievement of self-sufficiency; 7. Achieve greater participation in the affairs of the community; and 8. Make more effective use of other programs related to the purposes of the Act. c. Provide, on an emergency basis, for the provision of such supplies and services, nutritious food- stuffs, and related services, as may be necessary to counteract conditions of starvation and malnutrition among individuals with low-income; d. Coordinate and establish linkages between governmental and other social services programs to assure Page 29 of 55 £ZO-LO-00-Z4-a0-aSS4 uo!1eowpoW JeSa 94A=i : 89-9LOZ-S3N) uo!1eOWPOVY JeSa 94A=l :1ua�uy3e41V �a � 00 o � 06 the effective delivery of such services to individuals with low-income; n. r aD e. Encourage the use of entities in the private sector of the community in efforts to ameliorate poverty U �a in the community; or n f. Other activities which maybe approved in writing by DEO. (7) "Eligible Entity" - any organization, public or nonprofit, officially designated as a community action agency or a community action program under the Federal Legislative provisions of Section 210 of the Economic Opportunity Act of 1964, for fiscal year 1981 or established after 1981 in compliance with federal law to serve areas not served by an existing eligible entity. If such community action agency or community action program lost its designation under Section 210 of such act as a result of a failure to comply with the provisions of said act or who has been determined ineligible, a replacement community action agency will be designated in accordance with provisions of Federal Law. (8) "Eligible Participant" - those individuals whose total gross countable household income from all household members does not exceed 125 percent of the current Office of Management and Budget Poverty Guidelines. (9) "Federal Law" - unless otherwise specified, 42 U.S.C. Chapter 106, the Community Services Block Grant Act as amended and 45 C.F.R. Parts 16, 74 and 96. (10) "Household" - an individual or group of individuals living together as one economic unit. (11) "Population" - total number of residents for each county, excluding inmates of institutions, as extrapolated from the latest official State estimate of population by the University of Florida Bureau of Economic Research and Development. For limited purpose agencies as designated under title II of the Economic Opportunity Act of 1964 for fiscal year 1981 which served the general purposes of a community action agency under title II of such Act, "population" means the total estimated number of residents for each county or service area meeting the definition of that limited program. (12) "Program Expense" - program costs that can be specifically identified with delivery of a particular project, service, or activity undertaken by Recipient to achieve an outcome intended by the funding program. Program Expenses can include expenditures on some activities with administrative qualities, including salaries and benefits of program staff and managers, equipment, training, conferences, travel, and contracts that expressly relate to the delivery of an individual program or service funded by a specific grant source. (Information Memorandum from the Office of Coummity Services for the United States Department of Health and Human Services, IM No. 37, Issued March 12, 2013). (13) "Recipient" — in general, for federal program purposes, "Recipient" is any organization, public or nonprofit, determined by DEO to be an Eligible Entity to receive funding pursuant to an agreement for an approved program and operating budget for delivery of Eligible Activities. Recipients include nonprofit organizations, migrant and seasonal farmworker organizations, and local governments as defined in the following paragraphs (a)-(c), provided such recipient is in good standing or has not been determined ineligible. For purposes of this Agreement, "Recipient" is the entity entering into this Agreement with DEO. Page 30 of 55 �a £ZO-LO-00-Z4-a0-aSS4 uo!1eowpoW JeSa 94A=i : 89-9LOZ-S3M) u011eOMPOVY JeSa 94A=l :1uauay3elly 0 06 (a) "Nonprofit organization" — an organization created according to state law to provide services to benefit the general public. (b) "Migrant and seasonal farmworker organization" - an organization funded to provide direct services to a target population of migrant and seasonal farmworkers under the CSBG Program and having a Board of Directors composed of at least 51 percent representatives of migrant and seasonal farmworkers. (c) "Local government" or "local governing authority" - the governing body of a county or municipality. (14) "Secondary Administrative Expense" -an Administrative Expense to support Eligible Activities as defined in Paragraph (6) above, for which program activities are directly funded or governed by a source other than CSBG. D. Recipient Board Requirements (1) In accordance with the requirements of 42 U.S.C. 9910(a), an Eligible Entity receiving CSBG funds pursuant to this Agreement shall establish a board in accordance with the following - (a) For a private non-profit entity: 1. one-third of the members of the board are elected public officials, holding office on the date of selection, or their representatives. Letters reaffirming the delegation, signed by the elected officials, shall be required each year regardless of the number of years the terms run. Agencies providing services in multi -county areas are required to submit to DEO a plan to ensure representation of every county served. When an entity expands to include a new county into its service area, the new county must be represented on the board by an elected public official currently holding office, or their representative for the first two years. 2. Not fewer than one-third of the members are persons chosen in accordance with democratic selection procedures adequate to assure that they are representatives of individuals and families with low-income in the area served. Each member selected to represent a specific neighborhood within a community must reside in the neighborhood represented by the member. 3. The remainder of the members are officials or members of business, industry, labor, religious, welfare, education, or other major groups and interests in the community served. Interest groups are organizations with nonprofit status, incorporated and registered with the office of the Florida Secretary of State. (b) For Public Organizations: 1. A tripartite board, which shall have members selected by the organization and shall be composed so as to assure that not fewer than one-third of the members are persons chosen in accordance with democratic selection procedures adequate to assure that these members; i. are representative of low-income individuals and families in the neighborhood served; ii. reside in the neighborhood served; and iii. are able to participate actively in the development, planning, implementation, and evaluation of programs funded under this Agreement; or Page 31 of 55 �a £ZO-W-00-ZVOO-8S56 u01}e0iPpow 99SO 56A=l : 89-S60Z-S3m) Uolwo !p0W JBSo m=l :;U8Wt43eJJV 0 06 2. another mechanism specified by the State to assure decisionmaking and participation by low-incom individuals in the development, planning, implementation, and evaluation of programs funded under this chapter. (2) Recipient shall demonstrate that the CSBG program is administered through a tripartite board that meets th requirements of 42 U.S.C. 9910(a) or (b) by maintaining documentation including, but not limited to, the following: (a) Board member application, resume, letter of intent to serve, background check or due diligence documentation; (b) Minutes of the member's seating; (c) Appointment letter; (d) Yearly reaffirmation letters (for public sector members); (e) Vacancy declaration; (� Resignation letter or notification of term end; (g) Election selection documentation (for low-income sector members); and (h) Excused/unexcused absence documentation. (3) The board of directors will fully participate in the development, planning, implementation, and evaluation o the CSBG program to serve communities and individuals with low-income. Full participation includes, but i not limited to, regular attendance at board meetings, participation on board committees, knowledge of the organization's mission and goals, and fiduciary duties. Regular attendance is defined as at least seventy percent of the seated members attending at least two/thirds of the regularly scheduled board meetings each year as designated in Recipient's bylaws or governing documents. (4) Recipient's bylaws or governing documents shall include a procedure which will allow individuals with low- income, community organizations, and religious organizations to petition for adequate representation on the board if they feel inadequately represented. (5) All board of directors meetings and board committee meetings subject to Florida's Government in the Sunshine Law (section 286.011, F.S.), as stated in Paragraph (20)(k) of this Agreement, shall be publicly noticed at least seven calendar days but not more than thirty calendar days prior to the date on which the meeting is scheduled. Such notices must be given by publishing meeting information by methods acceptabl under the Florida Sunshine Law. If immediate danger to the public health, safety or welfare occurs requiring emergency action by the board, a board meeting may be scheduled by any procedure that is fair under the circumstances and necessary to protect the public interest. E. Scope of Work/Program Tasks/Program Requirements a)00 e 6 a r aD Y V R a e (1) Recipient shall administer the CSBG Program in accordance with information and directives provided in DEO-issued Information Memorandum notifications, DEO-issued policy directives (if any), and this Agreement. Page 32 of 55 c� £ZO-60-00-ZVOO-9S9L u011eOWPOW JBSO 9LA=1 : 85-540Z-S321) u011eOmPOW JBSO 9LA=1 :1uaWy0e11V 0 (2) Recipient shall use the funds pursuant to this Agreement to carry out Eligible Activities that include, but are not limited to: a. Supporting activities that are designed to assist families and individuals with low income, including families and individuals receiving assistance under Part A of Title IV of the Social Security Act (42 U.S.C. section 601, et seg.), homeless families and individuals, migrant and seasonal farm workers, and elderly individuals and families with low income; b. Addressing the needs of youth in communities with low income through youth development programs that support the primary role of the family; and c. Making effective use of and coordinating with other programs. (3) Recipient must maintain the following written policies: a. A policy that outlines its procedure and requirements for conducting home visits to home -bound Applicants, especially the elderly or disabled, for completion of the program application or eligibility determination when other assistance is not adequate. b. A policy to secure Applicants' social security numbers in order to protect their identity. At a minimum, this policy shall address the handling of both paper and electronic records and files. Recipient shall, in collecting Applicants' social security numbers, use the Notice Regarding Collection of Social Security Numbers. The Notice shall be signed by the Applicant and maintained in the client file. c. A policy that shall include, at a minimum, types of services provided, written appeal procedures, internal monitoring processes, and family self-sufficiency guidelines. d. A policy for providing written notice of denial and appeal for any Applicant denied CSBG services. The notice must include the appeals process and the reason(s) for the denial. In cases where the denial is for lack of documentation, Recipient must explain what specific documents are required in order for the applicant to reapply for services. (4) In accordance with 42 U.S.C. section 9919(a), as amended, Recipient may conduct drug testing on CSBG program participants. If Recipient does so, it must inform participants who test positive and refer them to treatment facilities. (5) All records, correspondence, employee time sheets, board minutes, board meeting notices and other documents related to CSBG funded activities shall be available for public inspection during normal business hours. (6) Recipient shall maintain documentation to demonstrate coordination and nonduplication of services with other anti -poverty programs in each community served. (7) In accordance with42 U.S.C. section 9919, as amended, Recipient assures that it will inform custodial parents in single parent homes who participate in CSBG-funded programs about the availability of child -support services and refer them to the appropriate state and local child support offices. (8) If Recipient administers a transportation program, it must comply with chapter 427, F.S., to coordinate with the appropriate transportation provider(s). Page 33 of 55 0 rn 6 IL r a� Y V R IL �a £ZO-Lo-oo-Z4-a0-8SS4 uo!;eowpoW JeSa 94A=i : 89-9LOZ-S321) u014e31J!p0W JeSa 94A=l :;uaWyoe;ly 0 06 (9) Recipient's Modified Attachment N to this Agreement must be consistent with the most recent community needs assessment officially adopted by Recipient's board of directors. (10) Recipient shall enter into a Memorandum of Understanding (MOU) with all Workforce Florida, Inc. (d/b/a CareerSource Florida), boards in its service area. The MOU shall detail cooperative workforce training and employment efforts and shall describe the actions that will be taken by both parties to assure the coordination and partnership of the CSBG Program and Workforce Florida, Inc. "One -Stop" delivery system, services and information. Recipient shall review and renew the MOU at least once every three years. The current MOU must be submitted to DEO with this executed Agreement. (11) Recipient shall be in a location and operate during hours available to Applicants and in accordance with the days and times as described in Modified Attachment F, Warranties and Representations. (12) Recipient shall develop and implement a Family Self -Sufficiency Program (FSSP). The FSSP represents a community and neighborhood based approach to the organization and delivery of locally available social services in order to help eligible families become self-reliant and independent of all forms of public assistance. The program shall be designed to identify the needs of participating families and to deliver a comprehensive and coordinated set of services to facilitate the participant's efforts to achieve and maintain self-sufficiency. (13) Recipient shall have appropriate staff attend training sessions scheduled by DEO to cover CSBG policies and procedures. (14)Recipient shall furnish training for all staff members assigned responsibilities within the program. (15) Recipient must comply with the Federal Financial Accountability and Transparency Act (FFATA). This includes securing a Dun and Bradstreet Numbering System (DUNS) number (www.dnb.com) and maintaining an active and current profile in the Central Contractor Registration (CCR) (www.ccr.gov). F. Client Eligibility (1) Recipient shall certify that each household receiving CSBG funded services is income eligible. The sum of all countable income from all household members must be used in determining eligibility. The total gross household income cannot exceed 125 percent of the current Office of Management and Budget Poverty Guidelines. (2) Recipient shall use income documentation of all household income sources that is no more than one year old and maintain the documentation in the client file. In the event that the Applicant cannot provide income documentation, Recipient shall require the Applicant to provide a signed self -declaration of income to attest to the applicant's verbal declaration of total household income. This self -declaration must specify the reasons that no current income documentation can be supplied by the applicant and a statement of how the applicant is providing for his/her basic needs. (3) In calculating total gross household income, Recipient shall abide by the current year Sources of Allowable Income to determine what is and is not counted as income. G. Eligible Participant Records Recipient shall maintain information in a file for each CSBG Eligible Participant that includes at least the Page 34 of 55 £Z0-LO-OO-Z4-aO-aSS4 uo!1eowpoW JeSa 94A=i : 89-9LOZ-S3M) u011eOMPOVY JeSa 94A=l :luauayOelly � N 06 following information: a r aD (1) Applicant's name, address, sex, race, and age; � �a (2) Names, ages, and identification documentation of all household members; a (3) Social Security Numbers and documentation of such numbers for all household members or the citation to the applicable exemption; (4) Income amount and method of verification for all household members; (5) Income documentation to support eligibility; (6) Statement of self -declaration of income, if applicable; (7) Signed Notice Regarding Collection of Social Security Numbers, or statement to the applicable exemption; (8) Date Applicant was interviewed, services provided to the Applicant and documentation of any denial of services; (9) A signed CSBG Application with signatures of the Applicant, Recipient's representative, and supervisory staff; (10) Photo identification, expired and current, when providing assistance with CSBG funds for the Applicant to secure current identification documentation; and, (11) Rental/lease agreement or mortgage when providing rental or mortgage assistance with CSBG funds. Page 35 of 55 �a £ZO-L0-00-Z4-a0-aSS4 uo!ieowpoW JeSa 94A=i : 89-9LOZ-S3N) uo!leoWPOVY JeSa 94A=l :1u9Wy3e41V 06 FY 2015 CSBG AGREEMENT MODIFIED ATTACHMENT B PROGRAM STATUTES AND REGULATIONS A. Incorporation of Laws, Rules, Regulations and Policies The applicable documents governing service provision regulations are in the Act (42 U.S.C. Chapter 106), as amended, Title 45 C.F. R. Part 96, the "Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 CFR, Part 200" (hereinafter referred to as the "Super Circular"), and the provisions of the current approved Community Services Block Grant State Plan, including all approved amendments or revisions. The following Federal Department of Health and Human Services regulations codified in Title 45 of the Code of Federal Regulations are also applicable under this Agreement: (1) Part 16, Procedures of the Departmental Grant Appeals Board; (2) Part 30, Claims Collection; (3) Part 73b, Debarment and Suspension from Eligibility for Financial Assistance (Non -procurement); (4) Part 80, Nondiscrimination Under Programs Receiving Federal Assistance through the Department of Health and Human Services, Effectuation of Title VI of the Civil Rights Act of 1964; (5) Part 8, Practice and Procedure for Hearings under Part 80 of this Title; (6) Part 84, Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving Federal Financial Assistance; (7) Part 86, Nondiscrimination on the Basis of Sex in Education Programs and Activities Receiving or Benefiting from Federal Financial Assistance; (8) Part 87, Equal Treatment for Faith -Based Organizations; (9) Part 91, Nondiscrimination on the Basis of Age in HHS Programs or Activities Receiving Federal Financial Assistance; (10) Part 93, New Restrictions on Lobbying; (11) Part 97, Consolidation of Grants to the Insular Areas; (12) Part 100, Intergovernmental Review of Department of Health and Human Services Programs and Activities. B. Funding Availability for Expenditure Funds are available for expenditure in accordance with the Act and 45 CFR Part 96. The CSBG Program is authorized and funded through the Federal Department of Health and Human Services. For states, local governments and non -profits, follow the Super Circular for cost principles, administrative requirements, audit requirements, and the laws and procedures applicable to the CSBG Program. C. Funds Distribution Funding of Eligible Entities shall be awarded based on an allocation plan designed to facilitate statewide expansion of the community action network and a gradual equalization of funding based in part on the percentage of the poverty population for the service area. Pursuant to H.R. 3061, the Department of Labor, Health and Human Services, and Education, and Related Agencies appropriations Act of 2002, CSBG funds shall be distributed by DEO to Eligible Entities in accordance with the requirements in 42 U.S.0 section Page 36 of 55 �a £ZO-L0-00-Z4-a0-aSS4 uo!ieowpoW JeSa 94A=i : 89-9LOZ-S321) uo!leoWPOVY JeSa 94A=l :;uaWyoeUV 0 06 9907, which requires that, to the extent CSBG funds are distributed as grants by a state to Eligible Entities provided under the Act, and have not been expended by such entity, the funds shall remain with such entity for carryover into the next fiscal year for program activities consistent with the CSBG Program. However, prior year carryover of unexpended funds, at the time of close-out, these funds must be returned to DEC). All carryover funds must be expended within the next fiscal year or be returned to the federal funding agency. D. Projects or Programs Funded in Whole or Part With Federal Money As required by Section 508 of Public Law 103-333, when issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds, including but not limited to State and local governments and recipients of Federal research grants, shall clearly state: (1) the percentage of the total costs of the program or project which will be financed with Federal money, (2) the dollar amount of Federal funds for the project or program, and (3) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. E. Interest From Cash Advances Recipients shall invest cash advances in compliance with section .21 (h) (2) (i) of the Common Rule and 2 CFR 200.305, Payment. F. Program Income Program Income is gross income received that is directly generated by the federally -funded project during the grant period. Recipient may reapply Program Income, excluding interest income, for eligible program activities. The amount of Program Income and its disposition must be reported to DEO on the monthly financial status reports and at the time of submission of the final close-out report. G. Informal Modifications No expenditure in excess of the amount funded under this Agreement at the time the expenditure is incurred shall be valid. Increases in funding are only valid by formal modification as described in Paragraph (4) of this Agreement; however, the Parties agree to allow Informal Modifications of Attachments I, J, K, L, M and N in accordance with the following process: (1) Recipient must use a DEO-approved Informal Modification package. (2) In Attachments J, K, and L, only unobligated funds may be transferred from one line item to another line item. (3) Any request for modification to increase or decrease any line item that is not submitted to DEO for approval thirty calendar days prior to the anticipated implementation date may result in reimbursement delays. (4) Recipient must submit to DEO a letter of explanation for the modifications made and a completed modification package, including Modified Attachments I, J, K, L, M and N, as applicable. Modified Attachment J must be signed by Recipient. Prior to the submission of a Financial Status Report in which the Page 37 of 55 £ZO-L0-00-Z4-a0-aSS4 uo!1eowpoW JeSa 94A=i : 89-9LOZ-S3M) uo!1eoMPOVY JeSa 94A=l :1ua�uyoe41V ca LO rn o � 06 changes are implemented, Recipient must have received DEO's written approval of the proposed n. r aD modifications.Y U M (5) Upon approval by DEO, Recipient's budget detail will be revised in DEO's electronic payment system. n (6) None of the budget transfers may violate this Agreement or the Super Circular, and if Recipient is a for - profit entity, all budget transfers must comply with 31 C.F.R. Subpart 31.2 and 48 C.F.R. Subpart 931.2. H. Insurance (1) Non -Profit Organizations: Recipient agrees to purchase a blanket fidelity bond covering all officers, employees and agents of Recipient holding a position of trust and authorized to handle funds received or disbursed under this Agreement. Individual bonds apart from the blanket bond are not acceptable. The amount of the bond must cover each officer, employee and agent up to an amount equal to at least one-half of the total CSBG agreement amount. Recipient shall submit documentation prior to execution of this Agreement. (2) Local Governments: Recipient agrees to purchase a fidelity bond in accordance with section 113.07, F.S. The fidelity bond must cover all officers, employees and agents of Recipient holding a position of trust and authorized to handle funds received or disbursed under this Agreement. Recipient shall submit documentation prior to execution of this Agreement. I. Monitoring (1) DEO shall conduct a full onsite review of Recipient at least once during each three-year period. Recipient shall allow DEO to carry out monitoring, evaluation and technical assistance, and shall ensure the cooperation of its employees, and of any subcontractors with whom Recipient contracts to carry out program activities. (2) DEO shall provide training and technical assistance, within the limits of staff time and budget availability, upon request by Recipient or determination by DEO of recipient need. (3) DEO shall conduct follow-up reviews including prompt return visits to recipients that fail to meet the goals, standards, and requirements established by the State and federal funding agency. Page 38 of 55 £ZO-LO-00-Z4-a0-aSS4 uo!1eowpoW JeSa 94A=i : 89-9LOZ-S321) uo!1eOWPOVY JeSa 94A=l :luauay3elly �a � rn 06 FY 2015 CSBG AGREEMENT a MODIFIED ATTACHMENT C Y REPORTS U a A. ANNUAL REPORTS (1) Close-out Report: The CSBG Close -Out Report is due forty-five calendar days after termination of the Agreement or forty-five calendar days after completion of the activities contained in the Agreement, whichever occurs first. If the forty-fifth calendar day falls on a weekend day or holiday, the Close -Out Report shall be due on the next business day. Recipient shall submit original signed documents to DEO that include, at a minimum, the Close -Out Cover Sheet, the CSBG Final Financial Status Report, property inventory and accrual report, report on interest bearing accounts, a refund check for any unspent funds, if applicable, and a refund check for any interest earned on advances, if applicable. (2) IRS Form 990: Recipients that are below the $750,000 threshold for all Federal awards in its fiscal year, are non-profit entities, and exempt from the federal single audit act requirements, shall submit with its Agreement proposal a copy of its most recent IRS Form 990. (3) CSBG Information System Survey:. Recipient shall complete and submit the CSBG Information System Survey on an annual basis. Recipient shall be notified in writing of the due date and submission requirements. (4) Community Action Plan: Recipient shall submit its completed Community Action Plan on an annual basis. Recipient shall be notified in writing of the due date and submission requirements. B. QUARTERLY REPORTS: The CSBG Quarterly Florida Outcomes for Community Action Systems (FOCAS) Report shall be provided to DEO no later than twenty-one calendar days following the end of the quarter. For the purposes of this Agreement, the ending dates of the quarters are December 31, March 31, June 30 and September 30. In the event the twenty-first calendar day of the month falls on a weekend day or holiday, the Quarterly FOCAS Report shall be due the next business day. C. MONTHLY REPORTS: The CSBG Monthly Financial Status Report shall be provided to DEO no later than the twenty-first day of each month following the end of the reporting month in which funds were expended. Recipient shall submit the report regardless of whether funds were expended. Reimbursement of expenditures shall be based on this report. Only with prior approval by DEO, will more than one reimbursement be processed for any calendar month. The Monthly Financial Status Report must be submitted in DEO's current electronic financial management system and a signed copy submitted via facsimile or electronic mail by the due date. In the event the twenty-first day of the month falls on a weekend day or holiday, the Monthly Financial Status Report shall be due the next business day. (1) Each Monthly Financial Status Report shall contain the following information: a. All expenditures that occurred during the reporting month; b. The amount of reimbursement requested; Page 39 of 55 c� £Z0-60-00-ZV00-8S9L uoi;eoil!poW 09so 9LA=1 : 85-540Z-S321) uoi;eowpoW 09so 9LA=1 :;uauayoejjV 0 ao C. The number of clients served; and d. An attestation, signed by an authorized signatory, that Recipient was open and operating during its reported business hours. (2) All Monthly Financial Status Reports shall be signed and dated. (3) DEO shall review each Monthly Financial Status Report for compliance with the requirements as stated in Modified Attachment A of this Agreement. E. BOARD MINUTES Copies of minutes of board meetings, draft or signed, shall be provided to DEC) no later than thirty calendar days from the date of the meeting. If the thirtieth day falls on a weekend day or holiday, the minutes shall be due on the next business day. F. MONITORING REPORT RESPONSES Recipient shall provide a written response to DEC) for all monitoring report findings or concerns no later than thirty-five calendar days from the date of the original monitoring report. DEO shall notify Recipient of the due date for any subsequent monitoring report responses as may be required. If the thirty-fifth day falls on a weekend day or holiday, the response to the original report shall be due on the next business day. Recipient may request an extension in writing for DEO's review and approval. G. COST ALLOCATION PLAN Per 2 CFR 200.405, Recipient is required to have written financial management systems procedures for determining the reasonableness, allocability, and allowability of costs in accordance with the provisions of the cost principles and terms and conditions of the award. To document this, Recipient must submit a copy of its written Cost Allocation Plan to DEC) with this Agreement. H. INDIRECT COST RATE PROPOSAL Per 2 CFR 200.414, Recipient is required to use an indirect cost rate if not direct charging all costs to the program. Recipient shall submit its current Indirect Cost Rate Proposal to DEC) with this Agreement. This is the amount charged through indirect cost allocation plans approved by Recipient's cognizant federal agency or the 10' o de-minimis rate as applied to Modified Total Direct Cost as allowed by the Super Circular. If Recipient chooses to use the de-minimis rate, Recipient shall make sure it is entitled to use that rate and include a statement to that effect. I. OTHER REPORTS Upon reasonable notice, Recipient shall provide such additional program updates, reports, and information as may be required by DEO, including supporting or source documentation for any reports identified above in this Attachment. J. SUBMISSION Unless otherwise noted, reports shall be submitted to DEO's Grant Manager designated in Paragraph (14) of this Agreement. Page 40 of 55 1— rn a r a� Y V R IL £ZO-60-OO-Z6-40-8S96 u01}e0iPp0w 99SO 56A� : 8S-S60Z-S3m) Uolwo !p0W JBSO m=l :;U8wt43ejjV ca 00 rn 06 FY 2015 CSBG AGREEMENT a ATTACHMENT D Y PROPERTY MANAGEMENT AND PROCUREMENT U a Recipient shall comply with property management standards for non -expendable property equivalent, at a minimum, as provided in 2 CFR 200.313, Equipment, and 2 CFR 200.314, Supplies. A. All property purchased under this Agreement shall be inventoried annually and an inventory report shall be made available to DEO upon request. B. All property purchased under this Agreement shall be listed on the property records of Recipient. Said listing shall include a description of the property, model number, manufacturer's serial number, funding source, information needed to calculate the federal and/or state share, date of acquisition, unit cost, property inventory number and information on the location, use and condition, transfer, replacement or disposition of the property. C. Title (Ownership) to all non -expendable property acquired with funds from this Agreement shall be vested in DEO upon completion or termination of the Agreement. D. Recipient agrees to comply with Section 507 of Public Law 103-333 and all requirements of this Agreement. Page 41 of 55 c� £Z0-60-00-ZV00-8S9L uoileoWpoW 09so 9LA=1 : 85-540Z-S321) uolleowpoW 09so 9LA=1 :luauayoeJJV ado FY 2015 CSBG AGREEMENT MODIFIED ATTACHMENT E STATEMENT OF ASSURANCES A. Interest of Certain Federal Officials No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share of part of this Agreement or to any benefit to arise from the same. B. Interest of Members Officers, or Employees of Recipient, Members of Local Governing Body, or Other Public Officials No member, officer, or employee of Recipient, or its delegates or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. Recipient shall incorporate or cause to be incorporated in all such Agreements, a provision prohibiting such interest pursuant to the purposes of this subsection. No board member, officer or employee will be permitted to receive any remuneration or gift in any amount. Board members may receive travel expenses in accordance with section 112.061, F. S. C. Nepotism Recipient agrees to abide by the provisions of section 112.3135, F. S., pertaining to nepotism in its performance under this Agreement D. CSBG Assurances Recipient hereby assures and certifies as a condition of receipt of CSBG funds, that it and its subcontractors will comply with the applicable requirements of Federal and State laws, rules, regulations, and guidelines. As part of its acceptance and use of CSBG funds, Recipient assures and certifies that: (1) Recipient possesses the legal authority to apply for the grant, and that the contract proposal has been approved by Recipient's governing body, including all assurances contained herein. (2) Recipient will use CSBG funds to provide services and activities having measurable and potentially major impact on causes of poverty in the community. Funds not used during the Agreement period will be returned to DEO with the close-out report. (3) Recipient will provide for coordination among anti -poverty programs in each community. (4) Recipient possesses the sound fiscal controls and fund accounting procedures necessary to adequately safeguard the assets of Recipient, check the accuracy and reliability of accounting data, promote operating efficiency and maintain compliance with audit procedures and prescribed management policies of Recipient. (5) Recipient will permit and cooperate with Federal and State investigations designed to evaluate compliance with the law. Recipient will notify DEC) in writing immediately of any allegations or acts pertaining to fraud or the misuse of CSBG funds. Page 42 of 55 £ZO-LO-00-Z4-a0-aSS4 uo!1eowpoW JeSa 94A=i : 89-9LOZ-S3N) u011eOWPOVY JeSa 94A=l :1u9tuy3e41y o 0 06 (6) Recipient will give DEO, the Auditor General or any authorized representative complete access to ti examine all records, books, papers or documents related to all fiscal and program operations of the grant, including those of any subcontractor. ti (7) Recipient will comply with non-discrimination provisions, in accordance with Florida Statutes; 42 U.S.C. section 9918(c), as amended; Titles VI and VII of the Civil Rights Act of 1964; and 45 C.F.R. Parts 84, 86 and 90. (8) Recipient will comply with 42 U.S.C. section 9918, as amended, which prohibits use of CSBG funds for purchase or improvement of land, or the purchase, construction, or permanent improvement of any building or other facility. (9) CSBG administrative expenses shall not exceed 15 percent of the total final CSBG expenditures at close out. Any amount in excess of this limit shall be refunded to DEO at time of Agreement close out. (10) If Secondary Administrative Expenses are requested, the following conditions must be met: (a) Modified Attachment J and Modified Attachment M, must document how these expenses will be used to support eligible CSBG activities. (b) The administrative expenses of the secondary grant source must be fully utilized prior to using CSBG funds for secondary administrative expenses. (c) CSBG funds may not be used to increase administrative expenses for a secondary grant source above 15 percent of the secondary grant source's total grant amount. (d) Only Recipient is eligible for these funds. Secondary administrative expenses may not be claimed or used by subcontractors. (e) All contracts and fiscal expense documentation related to the grant sources for which secondary administrative expense is claimed must be made available to DEO upon request. (f) Audit costs, travel, and association dues are not allowable secondary administrative expenses. (g) Under no circumstances shall secondary administrative expenses be approved for costs already covered by the secondary grant source, nor for any other administrative costs exceeding the total of 15 percent of the total secondary grant source budget. (11) This Agreement and all its Attachments, including budget data, are true and correct. (12) In accordance with 42 U.S.C. section 9918(b), as amended, Recipient will prohibit any political activities by Recipient or employees in accordance with the Hatch Act restrictions on political activity. (13) In accordance with 42 U.S.C. section 9908(b)(11), as amended, Recipient must provide DEO with a Community Action Plan using the most current DEO Community Action Plan template. The Community Action Plan must be supported by a community needs assessment for the community or communities served, and be consistent with Modified Attachment N of this Agreement. The community needs assessment must at a minimum include the following - (a) Agency mission statement; (b) Agency service delivery system; (c) Linkages and funding coordination; Page 43 of 55 c� £ZO-60-00-Z Va0-8SS L uoi;eoil!poW 09SO S LA=1 : 89-S m-S321) uolleowpoW 09SO S LA=1 :;uauayoeJJV 0 ao (d) Case management system; and (e) List of services and programs, including National Performance Indicators. (14) Recipient agrees to adhere to a provision of 42 U.S.C. section 9907(a)(1), as amended, and the FFY 2014 through FFY 2016 CSBG State Plan regarding the recapture of unobligated funds. Funds allocated in this Agreement and not obligated by Recipient during the Agreement period, will be returned to DEO at the time of close out. Any unobligated funds will be reallocated to Recipient during the next fiscal year. (15) Each Recipient receiving an allotment for a fiscal year shall adhere to the Application and Plan assurances set forth in 42 U.S.C. section 9908, as amended. (16) Recipient assures that this Agreement has been approved by Recipient's governing body by official action, and the signatory is duly authorized to sign the Agreement. (17) Recipient shall have appropriate staff attend training sessions conducted by DEO. (18) Recipient shall comply with Public Law 103-227, Part C, Environmental Tobacco Smoke, also known as the Pro -Children Act of 1994. This act requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted by an entity and used routinely or regularly for the provision of health, day care, education, or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local governments. Federal programs include grants, cooperative agreements, loans or loan guarantees, and contracts. The law does not apply to children's services provided in private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for in- patient drug and alcohol treatment. Recipient further agrees that this language will be included in any subawards which contain provisions for children's services and that all subcontractors shall certify compliance accordingly. Failure to comply with the provisions of this law may result in the imposition of a civil monetary penalty of up to $1000 per day. (19) Direct Federal grants, subawards, or contracts funded through CSBG shall not be used to support inherently religious activities such as religious instruction, worship, or proselytization. Recipients must take steps to separate, in time or location, their inherently religious activities from the services funded under the CSBG program. Regulations pertaining to the prohibition of Federal funds for inherently religious activities can be found on the HHS website at: http://www.os.dhhs.gov/fbci/waisgate2l.pdf. (20) This award is subject to the requirements of section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104). The use of federal funds from this Agreement constitutes Recipient's acceptance of these terms and conditions. Page 44 of 55 £ZO-L0-00-Z4-a0-aSS4 uo!;eowpoW JeSa 94A=i : 89-9LOZ-S3N) u014e31J!p0W JeSa 94A=l :;uaWyoeUV N 0 06 a. FY 2015 CSBG AGREEMENT MODIFIED ATTACHMENT F M WARRANTIES AND REPRESENTATIONS a A. Financial Management Recipient warrants that its financial management system shall provide the following: (1) Accurate, current, and complete disclosure of the financial results of this project or program. (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, un-obligated balances, assets, outlays, income, and interest. (3) Effective control over and accountability for all funds, property, and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request for Payment. Whenever appropriate, financial information shall be related to performance and unit cost data. (5) Written procedures for determining whether costs are allowed and reasonable under 2 CFR Part 200, Subpart E—Cost Principles, and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. B. Competition Recipient warrants the following: (1) All procurement transactions shall be done in a manner to provide open and free competition. (2) Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. (3) Awards shall be made to the bidder, or offeror, whose bid, or offer, is responsive to the solicitation and is most advantageous to Recipient, considering the price, quality, and other factors. (4) Solicitations shall clearly set forth all requirements that the bidder, or offeror, must fulfill in order for the bid, or offer, to be evaluated by Recipient. Any and all bids or offers may be rejected when it is in Recipient's interest to do so. C. Codes of Conduct Recipient warrants the following- (1) Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. (2) No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate Page 45 of 55 £ZO-60-00-U-40-SM u01W0Mpow 99SO MA : 89-S60Z-S3m) Uolwo !p0W JBSO m=1 :;u8uay0ejjV 0 06 family, his or her partner, or an organization which employs or is about to employ any of the parties a indicated, has a financial or other interest in the firm selected for an award. (3) The officers, employees, and agents of Recipient shall neither solicit nor accept gratuities, favors, or a anything of monetary value from contractors, or parties to subcontracts. (4) The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of Recipient. D. Business Hours Recipient warrants that it shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, on (days) ( ) through ( �, and from (times) ,( ) to ). E. Licensing and Permitting Recipient warrants that all subcontractors or employees hired by Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by Recipient. Page 46 of 55 £Z0-60-00-ZV00-8S9L uoi;eoiPpow 09so 9LA=1 : 85-540Z-S321) uolleowpow 09so SLA=1 :;uauayoejjV le 0 ado FY 2015 CSBG AGREEMENT a MODIFIED ATTACHMENT G CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY U AND VOLUNTARY EXCLUSION a NOTE: Prior to issuing subawards or subcontracts under this Agreement, Recipient must consult the System for Award Management (SAM) to ensure that organizations under funding consideration are not ineligible. The list is available on the Web at ww%v.sam.gov. (1) The prospective subcontractor of Recipient, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: (Type Name) By Signature Recipient's Name Name & Title DEO Agreement Number Street Address City, State, Zip Date Page 47 of 55 £ZO-L0-00-Z4-a0-aSS4 uo!ieowpoW JeSa 94A=i : 89-9LOZ-S3N) u01leOWPOW JeSa 94A=l :1u9Wyoe41V LO 0 06 FY2015 CSBG AGREEMENT a. ATTACHMENT H Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104(g 2 CFR 175.15, Award Term a I. Trafficking in persons. a. Provisions applicable to a recipient that is a private entity. 1. You as Recipient, your employees, subrecipients under this award, and subrecipients' employees may not-- i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. 2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subredpient that is a private entity -- i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either, A. Associated with performance under this award; or B. Imputed to you or the subredpient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (Nonprocurement)," as implemented by our agency at [agency must insert reference here to its regulatory implementation of the OMB guidelines in 2 CFR part 180 (e.g., "2 CFR part XXID] b. Provision applicable to a recipient other than a private entity. We, as the Federal awarding agency, may unilaterally terminate this award, without penalty, if a subredpient that is a private entity-- 1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either-- i. Associated with performance under this award; or ii. Imputed to the subredpient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (Nonprocurement)," as implemented by our agency at [agency must insert reference here to its regulatory implementation of the OMB guidelines in 2 CFR part 180 (e.g., —2 CFR part XX')]. c. Provisions applicable to any recipient. Page 48 of 55 £Z0-60-00-ZVa0-8SG6 u01}e0iPpow 99so 56A=l : 99-S60Z-S3m) UOReowp0W JBSo m=l :;U8Wt43eJJV (.0 0 06 1. You must inform us immediately of any information you receive from any source alleging a violation a of a prohibition in paragraph a.1 of this award term. 2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: a i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 CI VPA), as amended (22 U.S.C. 7104(g)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this award. 3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. d. Definitions. For purposes of this award term: 1. "Employee" means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or matching requirements. 2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. "Private entity": i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 C.F.R. § 175.25. ii. Includes: A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 C.F.R. § 175.25(b). B. A for -profit organization. 4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion' have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). Page 49 of 55 £ZO-LO-00-Z4-a0-aSS4 uolieoll!poW JeSa 94A=i : 89-9LOZ-S3N) U01WOWPOVY JeSa 94A=l :lU9WLjoeUv 0 m 06 a FY 2015 CSBG AGREEMENT MODIFIED ATTACHMENT I u RECIPIENT INFORMATION a REPLACE THIS PAGE WITH COMPLETED ATTACHMENT I Page 50 of 55 £ZO-LO-00-Z4-a0-aSS4 uo!ieowpoW JeSa 94A=i : 89-9LOZ-S3N) U01WOWPOVY JeSa 94A=l :lU9WLj3eUv 00 0 06 a FY 2015 CSBG AGREEMENT a MODIFIED ATTACHMENT J BUDGET SUMMARY REPLACE THIS PAGE WITH COMPLETED ATTACHMENT J Page 51 of 55 �a £ZO-LO-00-Z4-a0-aSS4 uol3eoll!poW JeSa 94A=i : 89-9LOZ-S3N) U01WOWPOVY JeSa 94A=l :lU9WLj3eUv 06 FY 2015 CSBG AGREEMENT MODIFIED ATTACHMENT B SUBCONTRACTOR INFORMATION AND BUDGET SUMMARY REPLACE THIS PAGE WITH COMPLETED ATTACHMENT K Page 52 of 55 £ZO-LO-00-Z4-a0-aSS4 uolieoll!poW JeSa 94A=i : 89-9LOZ-S3N) U01WOWPOVY JeSa 94A=l :lU9WyoeUv c o m 06 a FY 2015 CSBG AGREEMENT MODIFIED ATTACHMENT L BUDGET DETAIL a REPLACE THIS PAGE WITH COMPLETED ATTACHMENT L Page 53 £ZO-60-00-Z Va0-8S5 L uo!;eo!I!pow 09so S LA=l : 89-S m-sam) uo!;eo!I!pow osso S LA=l :;uauayoejjv o � FY 2015 CSBG AGREEMENT MODIFIED ATTACHMENT M SECONDARY ADMINISTRATIVE EXPENSES a REPLACE THIS PAGE WITH COMPLETED ATTACHMENT M Page 54 ca £ZO-60-00-Z Va0-8S5 L uo!;eo!I!pow 09so S LA=l : 89-S m-sam) uo!;eo!I!pow osso S LA=l :;uauayoejjv N o � 0 a FY 2015 CSBG AGREEMENT 4) MODIFIED ATTACHMENT N WORKPLAN AND DELIVERABLES a REPLACE THIS PAGE WITH COMPLETED ATTACHMENT N Page 55 Q r 0 06 -L0-00-Z4-00-8S56 uoi;eoippoW JeSO 54J1=1 : 99-9�0Z-S3H) suol;ona;sul uol;eoil pout JeSO :;uauayoeJJV Rick Scott GOVERNOR FLORIDA DF-PARTMENT@f ECONOMIC OPPORTUNITY MEMORANDUM TO: Community Services Block Grant Recipients FROM ean Amison, Planning Manager ureau of Community Assistance DATE: March 30, 2015 SUBJECT: FY 2014-2015 Community Services Block Grant Modifications Jesse Panuccio EXECUTIVE DIRECTOR The Department of Economic Opportunity (DEO) is accepting modifications to your current 2014-2015 Community Services Block Grant (CSBG) agreements. This modification incorporates additional FY 2014 CSBG funding and carry -forward funds from Recipients' FY 2013-2014 CSBG Agreements, if any. Please take this opportunity to review your current status and revise your budget and work plan in light of year-to-date fiscal expenditures and program accomplishments. A hard copy of your Agreement is enclosed, along with general instructions for completing and submitting your Agreement. The instructions and forms for Modified Attachments I-N have been emailed to you separately, along with a copy of this cover letter. You will notice the modification incorporates an entirely new grant agreement. With the applicability of the OMB Super Circular, changes to your deliverables, and other minor state -required adjustments, DEO decided to simply replace the full agreement rather than choose which sections to modify. Please note that there are no programmatic changes being made with this modification as they relate to the organizational standards or new performance and accountability measures. Refer to the enclosed List of Important Revisions and Reminders for the complete listing of what did change. Please submit your modification to DEO as soon as possible, but no later than Friday, May 1, 2015. You may request an extension via email if necessary. The modification will be effective when both parties have signed it. Mail two modification packages with original signatures to the grant manager named in your Agreement, Paragraph (14). If you have any questions or if you have not received the electronic forms by email, please contact your CSBG grant manager at (850) 717-8450. Thank you. Florida Department of Economic Opportunity I Caldwell Building 1 107 E. Madison Street I Tallahassee, FL 32399 866.FLA.2345 1850.245.7105 1850.921.3223 Fax www.floridaiobs.org I _:er.cc_.JF: GEO I www.facebook.com/FLDEO An equal opportunity employer/program. Auxiliary aids and services are ava;lab:e upon request to ind;viduals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711. r 0 06 -60-00-Z4-00-SSSL uo!;e3ippoW JeSO SLA=l : 89-9�0Z-S3H) suoi;ona;sul uoi;eoijipoW JeSO :;uawL4oejjv FLORIDA DEPARTMENTof ECONOMIC OPPORTUNITY FY2015 CSBG AGREEMENT PACKAGE GENERAL INSTRUCTIONS -w-00-u-a0-sm uo!ieompoW osso 5 �A3 : 85-9 WZ-S3N) suoipm1sul uoi;eaihpow JeSO quawLi3epV LO C6 FY 2015 CSBG MODIFICATION a. GENERAL INSTRUCTIONS M a 1. AGREEMENT PERIOD The agreement period will begin October 1, 2014 and end September 30, 2015. 2. MODIFICATION SUBMISSION DEADLINE Agreements should be submitted as soon as possible, but received by DEO no later than Friday, May 1.2015. 3. FUNDING ALLOCATION See Paragraph (18) (a) of the Agreement for your allocation and current budget authority. 4. WHERE TO SUBMIT AGREEMENT At least two Agreements complete with original signatures and all attachments must be submitted to your grant manager of record. See Paragraph (14) of the Agreement. 5. AUTHORIZED OFFICIAL SIGNATURE Only agreements signed by authorized officials will be accepted by DEO. Signatures must be in ink - rubber-stamped or mechanical signatures will not be accepted. DEC) will only recognize the following as authorized official signatories: a. Private Nonprofit Agencies: If the agreement is signed by someone other than the Board Chair, submit a Certificate of Corporate Resolution authorizing that person to sign the agreement. b. Local Government Entities: If the agreement is signed by someone other than the Chief Elected Official, a resolution of the governing body authorizing that person to sign the agreement must be included with the package. *NEW. The signature authorization MUST name the specific person who can sign on behalf of the agency. Blanket authorizations to a position or chain of command are not acceptable. CHANGES TO THE AGREEMENT — UNDER NO CIRCUMSTANCES MAY THIS AGREEMENT BE CHANGED EXCEPT THROUGH OFFICIAL MODIFICATION, ACCEPTED AND APPROVED BY BOTH PARTIES. THIS INCLUDES WHITE -OUT AND CORRECTION TAPE. 7. SECONDARY ADMINISTRATIVE EXPENSES Recipients may budget administrative expenses to support CSBG related programs that do not allow at least 15 percent administrative funds. These "secondary programs" are non-CSBG funded programs that receive administrative support from CSBG. See Attachment A, Section C.(14), and Attachment E, Section D.(10). The recipient must document that all administrative and indirect dollars allowed by the secondary program's funding source are being utilized before CSBG secondary administrative expenses are requested. S. WOREPLAN AND DELIVERABLES All CSBG agencies are required to report on at least one National Performance Indicator (NPI) for Goals 1, 2, and 6. All recipients must complete all NPI's for Goals 3, 4 and 5. r 0 06 -60-00-Z4-00-SSSL uo!;e3ippoW JeSO SLA=l : 89-9�0Z-S3H) suoi;ona;sul uoi;eoijipoW JeSO :;uawL4oejjv FLORIDA DEPARTMENT of ECONOMIC OPPORTUNITY FY2015 CSBG MODIFICATION LIST OF IMPORTANT REVISIONS AND REMINDERS -w-oo-u-ao-sm uo!;eompoW JeSa 9�A3 : 85-9WZ-S3N) suoipm1sul uoi;eaijipow JeSa quawLi3epV C6 a. FY2015 CSBG MODIFICATION LIST OF IMPORTANT REVISIONS and REMINDERS a Important Reminders: d6 Read through the entire agreement, exhibits and attachments carefully and thoroughly. %6 Make sure your agency's name, address and other identifying information included with the agreement are correct. r4L Complete and sign the agreement, original signatures only. m6 The board must approve the agency's Agreement. +46 Be sure to include all attachments with the signed Agreement. --4 Complete all attachments carefully and thoroughly, especially the budget and workplan attachments. Important Revisions: Paragraph (18), Funding/Consideration — Includes the breakdown of your modified allocation amount. You will need to use this to complete your Modified Attachment J, Budget Summary. ;6 Signature Page — We have added your Agreement Number to the signature page as an identifier in case your signature page becomes separated from the main agreement. Ar Exhibit 2, Audit Compliance Certification — You do not need to complete this again for the modification. Exhibit 3, Subrecipient Federal Awards Agreements Checklist — This is a new Exhibit, but is for informational and compliance purposes only. It does not necessitate any actions on the part of Recipient. -46 Attachment A, Scope of Work, Section A, Payment and Deliverables — Your deliverables have CHANGED. Please read this section carefully. You will now certify each month that you were open and operating according to the business days and hours you report in Attachment F, Warranties and Representations. Attachment A, Scope of Work, Section B, Financial Consequences — Because your deliverables changed, so did the Financial Consequences language. Please read this section carefully. ,AL Attachment A, Scope of Work, Sections C-G — Changed the order and numbering to accommodate the addition of new Sections A and B. 4, Attachment B, Program Statutes and Regulations, Section G — The language in this section has been revised to reflect our new informal modification process. qk Attachment C, Reports, Section C — Has been revised to reflect the new deliverable certification requirement. Please read this section carefully. a4 Attachment C, Reports, Section H — The language has been revised to reflect the OMB Super Circular requirements for charging indirect costs to a federal grant. -w-00-u-a0-sm uo!;eompoW osso 9�A3 : 85-9WZ-S3N) suoipm1sul uoi;eoijipow JeSO quawLjoepV 00 C6 a. Attachment N, Workplan and Deliverables — This is the same as in previous years. Just a note to remind Z agencies they do not have to complete or submit the full FY2015 Worksheet as was required during the U initial review of the agreement. Thus the Worksheet page has been removed from the Excel file and the a. formulas in Modified Attachment N have been removed to allow for direct entry into the Attachment. Please read the instructions carefully. q6 Agreement as a Whole — The word "sub -recipient" was previously used to describe a subcontractor relationship between the CAA/eligible entity as "recipient" and any subs they may contract out to to perform program related tasks. Please note that the word "sub -recipient" has been replaced with the more generic moniker, "subcontractor". This is noticeable throughout the Agreement and particularly in the Budget Summary and other attachments. Agreement as a Whole — The Recipient must use its full legal name as reported in the DUNS listing. DEO has pulled the list of legal names and your Agreement is pre -populated with your full legal name. If your agency wants to contest the name, you must contact DEO for resolution. 0 06 -60-00-Z4-00-SSSL uo!;e3ippoW JeSO SLA=l : 89-9�0Z-S3N) suoi;ona;sul uoi;eoijipoW JeSO :;uawL4oejjv FLORIDA DEPARTMENTof ECONOMIC OPPORTUNITY FY2015 CSBG MODIFICATION PACKAGE CHECKLIST -60-00-Z4-00-8S5L uoije3ippoW JeSO SLA=1 : 89-9�0Z-S3N) suoi;ona;sul uoi;eoilipoW JeSO :;uauayoejjV FY2015 CSBG MODIFICATION PACKAGE CHECKLIST REQUIRED MATERIALS Recipients Sub - Submit at least TWO o#&Ay signed agreements, each including the attachments listed below contractors Exhibit 1, Audit Requirements X Exhibit 1-A, Funding Sources X Exhibit B, Audtt Compliance Cemiicauon (Does NOT have to be completed) NA NA Modified Exhibit 3, Subrecipient Federal Awards Agreements Checklist X Modified Attachment A, Scope of Work X Modified Attachment B, Program Statutes and Regulations X Modified Attachment C, Reports X Attachment D, Property Management and Procurement X Modified Attachment E, Statement of Assurances X Modified Attachment F, Warranties and Representations (operational days/hours completed) X Modified Attachment G, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (completed for each Subcontractor, if applicable) X Attachment H, Trafficldng Victims Protection Act of 2000 X Modified Attachment I, Recipient Information X Modified Attachment J, Budget Summary X Modified Attachment K, Subcontractor Information and Budget Summary X Modified Attachment 1, Budget Detail X Modified Attachment M, Secondary Administrative Expenses X Modified Attachment N, Workplan and Deliverables X Attachment O, Justification for Advance NA NA REQUIRED SUPPORTING DOCUMENTS Sub - (Submit only ONE complete set of supporting documents) Recipients contractors Signature Authority: 1. Nonprofits: Certificate of Corporate Resolution if someone other than the board chair signs the agreements. 2. Local Gove** mgo arcs, documentation ofents: If signed by anyone other than the chair of the government board, X the signer's authority to sign for the chair. Minutes from the CAP board meeting at which the CSBG modification was reviewed, discussed and approved. Public agencies should submit minutes from the Board of County Commission. X Documentation of the secondary program's administrative expense limit and the agreement budget between the secondary program and the CSBG agency (if secondary administration funding is requested) X Copies of subcontractor agreements (If applicable) X X 8.D.1.c FY2015 CSBG MODIFICATION INSTRUCTIONS For Modified Attachments I through N Section 1: L Excel Notebook This Excel Notebook contains the following tabs: Instructions - READ FIRST Sample Budget Detail Modified Attachment I Modified Attachment J Modified Attachment K Modified Attachment L Modified Attachment M Modified Attachment N These tabs correspond to the Modified Attachments in your FY2015 CSBG Agreement Modification. Complete these Modified Attachments using the worksheets contained in this Excel Notebook. Once you have completed the worksheets, replace the blank space holder pages in the two original signed copies of your CSBG Agreement Modification. Section 2: M� Sample Budget Detail This tab contains a sample budget detail for your reference when completing your agency's CSBG Budget Detail, Modified Attachment L. Section 3: Modified Attachment I, Recipient Information Complete this worksheet first. Information from this worksheet will flow to the other worksheets in the notebook. For example, once you have entered the name of your agency, the name will automatically populate onto the other worksheets. ATTENTION- NEW REQUIREMENT You MUST enter your agency's LEGAL NAME according to your DUNS Number entry. We have provided your agency's legal name on Page 1 of your Agreement. The name used on ALL budget forms MUST match this legal name or the forms will be returned for correction. Section 4: Modified Attachment J, Budget Summary The Modified Attachment J, Budget Summary is to be completed by the Recipient using the Excel spreadsheet provided. If there are subcontractors, the Recipient must complete Modified Attachment K, Subcontractor Information and Budget Summary. Modified Attachment J, Budget Summary, is a composite of the Recipient's budget detail including all subcontractor's budget(s), if applicable. Round all figures up to the nearest dollar. All entries must be supported by Modified Attachment L, Budget Detail. Line 1: CSBG Funds: Enter the ORIGINAL Allocation amount in Column B; the total AMENDED allocation, including the base increase in Column C; and the amount of carryover, if any in Column D. Column E will total automatically. These amounts may be found in Paragraph (18) (a) of your Agreement. Line 2: Recipient Administrative Expenses: Please note the percentage cap for Line 2 and the corresponding notes at the bottom of the form. Administrative Expenses include costs for general administration and coordination of the program, including direct and indirect costs. This includes salaries, fringe, rent, utilities, travel, etc., associated with the financial and administrative management of the program. A Maximum Administrative Expense calculation is provided to assist you. PAGE 1 of 11 Packet Pg. 121 8.D.1.c SPECIAL NOTE REGARDING INDIRECT COST RATES: If you currently have a negotiated Indirect Cost Rate with another cognizant agency (i.e., Head Start) AND you plan to charge indirect costs to your CSBG grant, you MUST use your current negotiated rate. If you do NOT have a negotiated rate AND you plan to charge indirect costs to your CSBG grant, you MUST use the 2 CFR 200 required deminimus rate of 10%. This is the amount charged through cost allocation plans approved by the agency's cognizant federal agency or the 10% de-minimus rate as applied to Modified Total Direct Cost as allowed by the Super Circular. If the deminimus rate is being used please make sure you are entitled to use that rate and include a statement to that effect in your cost allocation plan. Indirects costs may only be charged to the Administrative Expenses line item. Line 3: Subcontractor Administrative Expenses: Enter the total of all administrative Subcontractor Expenses including salaries and fringe, rent, utilities, travel, and other. This line must be the sum of all subcontractor expenses as reported on Modified Attachment K. Line 4: Total Administrative Expenses: The total of Lines 2 and 3. This number will calculate automatically Line 5: Administrative Expense Percentage: This amount equals the total amount of administrative expenses from Line 4 divided by the total amount of CSBG grant funds from Line 1. This may not exceed 15 percent. This number will calculate automatically. Line 6: Recipient Direct Client Assistance Expenses: Enter the amount of funding you expect to expend on eligible activities. This amount must be detailed on Modified Attachment L, Budget Detail. All activities paid for under this line item must be supported by and directly correlated to the outcomes in the Workplan and Deliverables, Modified Attachment N. Line 7: Recipient Other Program Expenses: Enter the amount of funding you expect to expend for this line items. This amount must be detailed on Modified Attachment L, Budget Detail. All activities paid for under this line item must be supported by and directly correlated to the outcomes in the Workplan and Deliverables, Modified Attachment N. Line 8: Subtotal Recipient Program Expenses. The total of Lines 6 and 7. This number will calculate automatically. Line 9: Subcontractor Direct Client Assistance Expenses: Enter here the sum of all expenses expected to be incurred through a subcontractor's provision of direct client assistance as reported on Modified Attachment K. All budgeted expenditures must be detailed on Modified Attachment L, Budget Detail, and supported by and directly correlated to the outcomes in the Workplan and Deliverables, Modified Attachment N. Line 10: Subcontractor Other Program Expense: Enter here the sum of all subcontractor Other Program Expenses as reported on Modified Attachment K. All budgeted expenditures must be detailed on Modified Attachment L, Budget Detail, and supported by and directly correlated to the outcomes in the Workplan and Deliverables, Modified Attachment N. Line 11: Subtotal Subcontractor Program Expense: The total of Lines 9 and 10. This number will calculate automatically. Line 12: Total Program Expense: The total of Lines 8 and 11. This number will calculate automatically PAGE 2 of 11 Packet Pg. 122 8.D.1.c Line 13: Secondary Administrative Expense: This line must agree with the total Secondary Administrative Expenses reported on Modified Attachment M. See Modified Attachment A, Paragraph C.(14), and Modified Attachment E, Paragraph D(10) for additional information regarding Secondary Administrative Expenses. Line 14. Grand Total Expense: The total of all administrative, program, and secondary expenses. This number will calculate automatically and must match the CSBG allocation amounts on Line 1. Section 5: ■ Modified Attachment K, Subcontractor Information and Budget Summary Complete this attachment for each subcontractor, if applicable, or mark N/A. Section 6: Wl Modified Attachment L, Budget Detail The narrative given in this column must be sufficient to explain the expenditure's allowability, allocability and reasonableness. Provide explanations and descriptions of all costs to be incurred with these funds. Small items such as office supplies may be categorized. Any equipment purchases must be acquired and accounted for according to the OMB Super Circular, and property, management, and procurement standards. All budgeted amounts from Modified Attachment J, Budget Summary, must be itemized and detailed on Modified Attachment K. The Budget Detail must follow the format reflected in the "Sample Budget Detail." Budget detail not submitted in this format will be rejected and will delay the contract. Each recipient and subrecipient is required to provide budget detail for all anticipated expenses. All CSBG funding expenditures must be detailed. Subtotal all items within a budget line. Report the line item subtotal on the Budget Summary, Attachment J. Budget Line Item Number: This column ties the expense detail to the line item on the Budget Summary, Modified Attachment J. National Performance Indicator (NPII: All program expenses budgeted on Lines 6, 7, 9 and 10 on the Budget Summary, must be identified by NPI Number and must tie to the Workplan and Deliverables, Modified Attachment N. ADMINISTRATIVE EXPENSES Salaries, Wages and Fringe Benefits - This is the total compensation paid for the direct labor of persons employed by the agency and the gross amount of funds expended for job -related benefits (health insurance, life insurance, retirement contributions, taxes, etc.). Include all positions by title to be paid with these funds. Detail the funding sources and estimated number of hours, hourly wage and estimated salary to be paid by CSBG. Identify sources for the balance of salary for any position where CSBG funds are used to pay less than 100% of the salary. Percentages must be supported by the submitted cost allocation plan, and add correctly when calculated. Space Cost and Rental - Space cost and rental may include rented or leased space, use allowances and depreciation expenses for agency - owned office space, and payments for water, electricity, gas, etc., which are not furnished under the lease agreement. May include costs for maintenance, janitorial, pest extermination and refuse removal services. PAGE 3 of 11 Packet Pg. 123 8.D.1.c Consumable Supplies - All types of office or maintenance supplies consumed or materially altered when used including small equipment with a new purchase price of less than $500. Provide adequate explanation of each budgeted item. Small items such as office supplies may be grouped together as long as no single purchase will exceed $1,000. Avoid using words like "other", "misc" or "etc" as these are not description enough and further explanation will be required. Equipment Lease/Purchase - Non -expendable personal property costing over $500 and having a useful life in excess of one year. May include payments for photocopy machines, postage machines, computers, etc. Provide adequate explanation of each budgeted item. Travel Expenses - Travel costs may be either in -state or out-of-state and include agency vehicle related expenses and employee and board member travel on program related business. The cost of automobile repairs or maintenance and fuel are included in the mileage reimbursement and may not be budgeted or claimed separately. Budgeted expenditures for automobile mileage and travel reimbursement may not exceed the apporve State of Florida rates as follows: CURRENT PER DIEM RATES Breakfast: $6.00 Lunch: $11.00 Dinner: $19.00 $1,000 Purchases - Daily Per Diem: $80.00 ($20 per quarter) Mileage: .445/mile Any single item purchase costing more than $1,000, including services, must be fully explained in the Budget Detail. This includes, but is not limited to, equipment, contracts for services such as computer or equipment maintenance, purchases made for internal agency use, and purchases made for clients. Other - Other costs may include items such as liability, vehicle, and directors/offices insurance premiums (not employee benefits), publications, printing, employee development (must be explained), telephone, internet/cable, and Postage. PROGRAM EXPENSES Describe the activities to be paid for in general terms, but with enough detail to answer the questions - What is being purchased? How much is being spent per person or event? How many people or events does the agency anticipate? For example, use "A maximum of 25 self-sufficiency clients will be provided with public transportation vouchers worth no more than $75 per participant"; rather than: "Self-sufficiency clients will be provided with transportation." This will give the agency some flexibility and reduce the need for contract modifications, but still give enough detail to tie the funds to the NPI. PAGE 4 of 11 Packet Pg. 124 8.D.1.c DIRECT CLIENT ASSISTANCE EXPENSES These expenses can be traced to a specific client or group of clients and supported by a NPI in Goals 1 or 6. This includes payments made directly to a vendor on a customer's behalf. For example, costs incurred in achieving Goal 1 might include tuition, books, work supplies, etc. For Goal 6 it might include rent or utility payments, food or fuel vouchers, or medical supplies. Activities such as case management, counseling (budget, career, housing, etc.), transportation, or tax preparation should also be included. These costs may be provided directly by agency staff (cost of salary, benefits, etc.) or by subcontract with another entity. When budgeting staff expenses, give the job title and a brief description of the type of direct client assistance the position will be providing. For each expense, indicate a related National Performance Indicator. If a salaried employee whose position is normally considered administrative in nature, such as an executive director or fiscal director, is included under this category, an explanation of what direct client assistance activities they will be providing must be included. OTHER PROGRAM EXPENSES Recipient Other Program Expenses are non -administrative expenses related to providing services to customers that cannot be tied directly to a specific client or group of clients, or directly to a National Performance Indicator. Examples are expenses related to general program outreach, client intake and income certification, program coordination with other service providers, rent and office expenses, staff training, travel, etc. Section 7: 7 Modified Attachment M, Secondary Administrative Expense Complete this attachment for any programs you are claiming Secondary Administrative Expense for, or mark N/A. Section 8: Modified Attachment N, Workplan and Deliverables See the separate instructions included with your Agreement package for completing the Workplan and Deliverables. Print the Workplan and Deliverables, Modified Attachment N, once completed and insert a set into each signed set of your Agreement. NOTE: The full Worksheet does not need to be completed and submitted with this modification, and therefore the Worksheet form is not included in the separate Excel file. Section 9: Attachment 0,, Justification of Advance Payment Not applicable to this Modification. PAGE 5 of 11 Packet Pg. 125 SAMPLE BUDGET DETAIL PAGE 8.D.1.c BUDGET NATIONAL LINE ITEM PERFORMANCE INDICATOR EXPENDITURE DETAIL Budgeted NUMBER Expenditures 1. NPI# CSBG 2. NPI Letter Round up line item totals to dollars. Funds 3. NPI Secondary Do not use cents and decimals in totals. Reference if Applicable ADMINISTRATIVE EXPENSES 2 RECIPIENT ADMIN. EXPENSES S Salaries: A Fiscal Officer: 36% Admin., 7.2 % Sec. Admin.6.8% LIHEAP, 50 % Head Start M 749 hrs. X $17.00/hr. = $12,733 P L E Exec. Dir.: 18% Admin., 5% CSBG Sec. Admin, 77% Head Start 374 hrs. X $22.28/hr. = $8,333 8,333 Fringe Benefits: FICA, UC, Health Insurance, Worker's Compensation and Retirement. $21,066 X 26.4% = $5,561 5,561 TOTAL SALARIES AND FRINGE: 13,894 Travel: Event Travel: One Person to attend National Community Action Partnership Conference: Airfare $450 Lodging 120 Per Diem 42 TOTAL $612 612 Local Travel to 3 outreach centers: 719 miles X .445/mile = $320 320 TOTAL TRAVEL 932 Other: Misc. (consumable office supplies, postage, copier maintenance agreements) $900 900 Liability/Bonding Insurance: 1,100 1,100 Audit: 5,396 2,396 (CSBG) 2,000 (Cash Match) 2,396 TOTAL OTHER- 4,396 2 TOTAL RECIPIENT ADMIN EXPENSES 19,222 PROGRAM EXPENSES 6 RECIPIENT DIRECT CLIENT ASSISTANCE N.P.I. 1.1 Case Worker: 100% CSBG $19.00/hr. X 2080 hrs. = $39,520 39,520 To provide client case management and support toward self-sufficiency. Fringe Benefits: FICA, UC, Health Insurance, Worker's Compensation and Retirement. $39,520 X 26.4% = $10,449 10,449 1.2 (F) Approx: 25 Self-sufficiency clients will receive bus passes - 25 x $120/client = $3,000 3,000 1.2 (E) Approx: 10 self-sufficiency clients will receive child care assistance - 10 x 450/client = $4,500 4,500 6.2 (D) Approx. 40 Clients will be receive emergency medical care i.e, Rxs, Dr. office visits. 40 x $100 = $4,000 4,000 6.2 B (3) Approximately 15 clients will receive rental assistance. 15 x $700 = $10,500 10,500 N.P.I.1.1 Salaries: Case Worker: 100% CSBG $19.00/hr. X 2080 hrs.= $39,520 39,520 To provide client case management and support toward self-sufficiency. Fringe Benefits: FICA, UC, Health Insurance, Worker's Compensation and Retirement. $39,520 X 26.4% = $10,433 10,433 6.3B After -school mentoring for approx. 15 students - 33 wks/4days/week/$24/student/day = $47,520 47,520 6 TOTAL RECIPIENT DIRECT CLIENT ASSISTANCE 119,473 7 RECIPIENT OTHER PROGRAM EXPENSES Salaries: Intake Worker: 100% CSBG $15.00/hr. X 2080 hrs. 31,200 Fringe Benefits: FICA, UC, Health Insurance, Worker's Compensation and Retirement. $31,200 X 26.4% 8,237 7 ITOTAL RECIPIENT OTHR PROGRAM EXPENSES 39,437 GRAND TOTAL: $119,473 C O r U O m CO 0 r LL 00 O N Ch LLl N E L O U. d 7 m O R N Ln LL 0 m c.i �.i C d E t C� Al a Packet Pg. 126 8.D.1.c FY2015 CSBG AGREEMENT MODIFIED ATTACHMENT I RECIPIENT INFORMATION FEDERAL FISCAL YEAR: 2015 AGREEMENT PERIOD: October 1, 2014 through September 30, 2015 Instructions: Complete the blanks highlighted in yellow. For item II, put an "X" in whichever highlighted box applies to your agency. I. RECIPIENT: AGREEMENT #: II. RECIPIENT CATEGORY: E]Non-Profit Local Government III. COUNTY(IES) TO BE SERVED WITH THESE FUNDS: IV. GENERAL ADMINISTRATIVE INFORMATION a. Executive Director or Chief Administrator: Address: City: Telephone: Fax: Cell: Email: Mailing address if differentfrom above Mailing Address: City: b. Chief Elected Official for Local Governments or President/Chair of the Board for Nonprofits: Name: Title: Address*: City: Telephone: Fax: *Enter home or business address, telephone numbers and email other than the Recipient s c. For Public Agencies -Chair of Community Action Board: Name: Title: Address*: City: Telephone: Fax: *Enter home or business address, telephone numbers and email other than the Recpient's d. Official to Receive State Warrant: Name: Title: Address: City: e. Recipient Contacts: 1. Program: Name: Title: Address: Telephone: Cell: 2. Fiscal: Name: Address: Telephone: Cell: f. Person(s) authorized to sign reports: Name: Name: Name: g. Agency's FEID Number: V. RECIPIENT FISCAL YEAR: thru FL Zipcode: FL Zipcode: FL Zipcode: Email: FL Zipcode: Email: , FL Zipcode: City: FL Zipcode: Fax: Email: Title: City: FL Zipcode: Fax: Email: Title: Title: Title: h. Agency's DUNS Number: Packet Pg. 127 8.D.1.c FY2015 CSBG AGREEMENT MODIFIED ATTACHMENT K SUBCONTRACTOR INFORMATION AND BUDGET SUMMARY (Complete this page for each subrecipient by providing information in the yellow -highlighted fields.) RECIPIENT: SUBCONTRACTOR INFORMATION SUBCONTRACTOR NAME: MAILING ADDRESS: STREET ADDRESS (IF DIFFERENT): CONTACT PERSON'S NAME AND TITLE: PHONE: FAX: AGREEMENT: ,FL ZIP ,FL ZIP SUBCONTRACTOR BUDGET SUMMARY Instructions: The following line items (3, 9, 10 and 11) must correspond to Modified Attachment J, Budget Summary. If there is more than one subcontractor, it is the Keoient s responsibility to ensure that the total of all subcontractor's budgets add correctly. Expenditures must be de/ailedinAmendedAttacbmentL CSBG FUNDED PROGRAMS ONLY EXPENSE CATEGORY CSBG FUNDS SUBCONTRACTOR ADMINISTRATIVE EXPENSES: 3. SUBCONTRACTOR (SalarieslFringe, bent, Utilities, Travel, Other) $0.00 SUBCONTRACTOR PROGRAM EXPENSES: 9. SUBCONTRACTOR DIRECT CLIENT ASSISTANCE EXPENSES $0.00 10. SUBCONTRACTOR OTHER PROGRAM EXPENSE (SalarieslFringe, Kent, Utilities, Travel, Other) $0.00 11. SUBTOTAL SUBCONTRACTOR PROGRAM EXPENSES (Line 9 + Line 10) TOTAL SUBCONTRACTOR EXPENSES: (LinE32EEJ + Line 11) NOTE: The Recipient must have a written agreement witb all subcontractors. The agreement must meet the requirements of Paragrapb (15), SUBCONTRACTS, of this Agreement. A copy of the agreement with the subcontractor must be forwarded to DEO for review along with this agreement. Packet Pg. 128 8.D.1.c FY2015 CSBG AGREEMENT MODIFIED ATTACHMENT L BUDGET DETAIL RECIPIENT: 0 AGREEMENT:0 BUDGET SUMMARY LINE ITEM NUMBER NATIONAL PERFORMANCE INDICATORS (Direct Client Assistance Only) EXPENDITURE DETAIL Round UP line item totals to dollars. Do NOT use cents and decimals in totals. AMOUNT OF CSBG FUNDS BUDGETED ti O O O C O r cv U :a O c.� m co C) LL O O N Ch W N E L O U. d m C0 C L Cam_ C Ln r 'LL VM W V d t a Packet Pg. 129 FY2015 CSBG AGREEMENT MODIFIED ATTACHMENT M SECONDARY ADMINISTRATIVE EXPENSES Secondary Administrative Expense Requested: Yes No F-] RECIPIENT: 0 AGREEMENT:O INSTRUCTIONS: If requesting Secondary Administrative Expenses, you must supply the following information for each secondary program for which administrative expenses are being requested. A "secondary program source" is the non-CSBG program that will receive administrative support from the use of CSBG funds. See Attachment A, Paragraph C.(14), and Attachment E, Paragraph D(10) for additional information. BUDGET INFORMATION 1. Total cash budget for secondary program: 2. Maximum percent administrative expense including indirect cost allowed by secondary program. 3. Total administrative expense approved by secondary program funding source: (1) 4. CSBG Secondary Administrative expense requested: (2) 5. Total administrative expenses (Line 3 & 4) 6. Percent of total administrative expense to total budget (Line 5 / Line 1). This total cannot exceed 15 o of Line 1 7. National Performance Indicator (NPI) supported by this secondary administrative funding. (From Attachment N, Workplan and Deliverables) Name of Secondary Program Grant Dates Start: End: $ 0.00 0.00% $ 0.00 $ 0.00 $0.00 #DIV/O! NPI # Name of Secondary Program Grant Dates Start: End: $ 0.00 0.00% $ 0.00 $ 0.00 $0.00 #DIV/O! NPI # Name of Secondary Program Grant Dates Start: End: $ 0.00 0.00% $ 0.00 $ 0.00 $0.00 #DIV/O! NPI # Name of Secondary Program Grant Dates Start: End: $ 0.00 0.00% $ 0.00 $ 0.00 $0.00 #DIV/O! NPI # Name of Secondary Program Grant Dates Start: End: $ 0.00 0.00% $ 0.00 $ 0.00 $0.00 #DIV/0! NPI # Total of Programs $0.00 (1) The Recipient must take full advantage of all administrative and indirect dollars allowed by the secondary program's funding source before CSBG secondary administrative expenses are requested. For each program which Secondary Administrative funding is requested, provide documentation of the maximum administrative limits of the program and a copy of the contract budget detailing the amount of the contract and the administrative funds provided by the secondary source. (2) You are required to provide budgetary amounts in Attachment J, Budget Summary, Line 13 for the amount(s) on Line 4 above for each program, and provide detail of the expenses on Attachment L, Budget Detail ` Attachment: CSBG FY15 Mid Year Mod Budget Forms (RES-2015-58 : FY15 CSBG Modification 15SB-OD-12-00-01-023 001567) 8.D.1.c RECIPIENT: 0 FY2015 CSBG AGREEMENT MODIFIED ATTACHMENT J BUDGET SUMMARY AGREEMENT: 0 NOTE: Use only whole dollar amounts; no cents. Round all figures up to nearest whole dollar. A B C D E CSBG FUNDS ONLY Last Amended Budget** Carryover Amount TOTAL BUDGET CATEGORY Approved (includes current from CSBG FUNDS allocation PLUS base Budget increase) 2013-2014 Col C + D 1 MODIFIED CSBG Grant Funds (Totals) 0.00 ADMINISTRATI 2 RECIPIENT EXPENSES 0.00 — _(s--laries +Fringe, Aent, Utilities, Other) — _ _ -- -------------- ------------ --------------------------- SUBCONTRACTOR EXPENSES 3 0.00 Salaries + Fringe, Rent, Utilities, Other TOTAL ADMINISTRATIVE EXPENSES 4 0.00 0.00 0.00 0.00 (Line 2 + Line 3 * 5 ADMINISTRATIVE EXPENSE PERCENT #DIV/0! VALUE IN 4C MAY NOT EXCEED Cell 4C divided by cell 1 C x 100 15% OF CELL 1C PROGRAM 6 RECIPIENT DIRECT CLIENT 0.00 ASSISTANCE EXPENSES — — 7 RECIPIENT OTHER PROGRAM EXPENSE 0.00 Salaries + Fringe, Rent, Utilities, Other 8 SUBTOTAL RECIPIENT PROGRAM 0.00 0.00 0.00 0.00 EXPENSE Line 6 + Line 7 9 SUBCONTRACTOR DIRECT CLIENT 0.00 — _ ASSISTANCE EXPENSES_ _ — 10 SUBCONTRACTOR OTHER PROGRAM 0.00 EXPENSE (Salaries + Fringe, Rent, Utilities, Other) 11 SUBTOTAL SUBCONTRACTOR PROGRAM 0.00 0.00 0.00 0.00 EXPENSE Line 9 + Line 10 12 TOTAL PROGRAM 0.00 0.00 0.00 0.00 (Line 8 + Line 11 13 SECONDARY ADMINISTRATIVE 0.00 EXPENSES* 14 GRAND TOTAL EXPENSE 0.00 0.00 0.00 0.00 e 4 + Line 8 + Line 11) *The amounts in Cells 4D and 13D CANNOT EXCEED the corresponding unspent administrative balance from your FY 2013-2014 Agreement closeout. **Make desired adjustments to last approved CSBG budget and include the original allocation plus the base increase amount in Column C. Packet Pg. 131 2015 Treasure Coast Community Action Agency Allocation Modification $251,638 Total Original Allocation ($25,164) 10% Admin for St. Lucie Oversight $226,474 $58,407 Modification Base Increase ($5,841) 10% Admin for St. Lucie Oversight $52,566 $73,372 Carr forward no admin taken) $383,417 Total Contract Amount $31,005 Less Total SLC Admin $352,412 oho by Original Modification Modification Total Amount Max 5% County Dollars by Carryforward Base to expend for Admin County Increase FY15 Martin County 27% $60,146 $46,828 $13,960 $120,934 $6,047 Okeechobee County 13% $30,023 $1,976 $6,968 $385967 $1,948 St. Lucie County 60% $136,305 $24,569 $31,637 $1925511 $9,626 100% $226,474 1 $73,372 $52,566 $352,412 Attachment: 2015 04 02 Breakout for Modification (RES-2015-58 : FY15 CSBG Modification 15SB-OD-12-00-01-023 001567) co b Q. RESOLUTION 8.D.1.e WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of a grant from the Department of Health and Human Services, in the amount of $131,779 for the Community Services Block Grant. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 21 st day of April, 2015, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2014-2015, and the County's budget is hereby amended as follows: REVENUE 001567-6420-331691-600 Dept. of Health & Human Services $131,779 APPROPRIATIONS 001567-6420-512000-600 Salaries $ 5,841 001567-6420-583000-600 Other Grants & Aids $ 56,206 001567-6420-581075-600 Okeechobee County $ 8,944 001567-6420-581065-600 Martin County $ 60,788 Total $131,779 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Kim Johnson, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Frannie Hutchinson XXX Commissioner Tod Mowery XXX PASSED AND DULY ADOPTED THIS 21ST DAY OF APRIL 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 133 8.D.2 ITEM NO. RES-2015-59 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Diana Wesloski, Housing Manager SUBMITTED BY: Housing Services Division DATE: 04/21/2015 *CONSENT AGENDA\COMMUNITY SERVICES SUBJECT: St. Lucie County Affordable Housing Advisory Committee (AHAC) - 2014 Incentives Review and Recommendation Report BACKGROUND: Florida Statute 420.9076 requires that local governments establish a local AHAC. The Board approved Ordinance No. 08-023 to establish St. Lucie County's AHAC. The Ordinance requires the AHAC to submit a report to the Board of County Commissioners every three years with recommendations as outlined in the Florida Statute. The 2015 Incentives Review and Recommendation Report compiled by the AHAC contains updated recommendations on specific actions or incentives to encourage or facilitate affordable housing in St. Lucie County. Below is a summary of the recommendations found in the AHAC 2015 Incentives and Recommendation Report. Incentive No. 3 - Allow flexibility in densities for affordable housing. The Committee recommends that the Board direct the Planning and Development Services Department to add language to the Comprehensive Plan that residential development for affordable housing may receive a density bonus not to exceed 15% of the density permitted by the applicable zoning district. Incentive No. 5 - The allowance of affordable accessory residential units in residential zoning districts. In an effort to promote affordable housing, the Committee recommends the Board direct the Planning and Development Services Department to draft a text amendment to allow Accessory Dwelling Units (ADU's) as a permitted accessory use in new residential site plans. The Committee requests notification to review the draft text amendment prior to it being brought to the Board for review and approval. Packet Pg. 134 8.D.2 Incentive No. 8 - The modification of street requirements for affordable housing. The Committee recommends that current and future public transportation be taken into consideration when developing affordable housing. PREVIOUS ACTION: May 27, 2008 - Approval of Ordinance No. 08-023, creating the AHAC. January 27, 2008 - Approval of Resolution No. 09-036, accepting the 2008 AHAC Incentives Review and Recommendation Report. December 20, 2011 - Approval of Resolution No. 2011-190 accepting the 2011 AHAC Incentives Review and Recommendation Report. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends approval of the Resolution accepting the St. Lucie County AHAC 2015 Incentives Review and Recommendation Report, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures yder, Community Services Dir r 4/8/2015 ante S. McIntyre, C my ttorney 4/8/2015 deb bentkofsky, Deputy coI—nty Administrato, 4/ /2015 Az 0'� �. )': - Ho and Tipton, Count Administrate 4/13/2015 updated: 4/13/2015 8:36 AM by Bob Bentkofsky Page 2 Packet Pg. 135 I 8.D.2.a I COUNTY F L Q R[ D A St. Lucie County Affordable Housing Advisory Committee 2015 Incentives Review and Recommendation Report Approved by the Affordable Housing Advisory Committee at a Public Hearing on April 6, 2015 Accepted by the Board of County Commissioners April 21, 2015 Resolution No. 2015-XX Packet Pg. 136 1 I 8.D.2.a I I. BACKGROUND INFORMATION The St. Lucie County Affordable Housing Advisory Committee (AHAC) was established as required pursuant to Section 420.9072, Florida Statutes and formed by passing of Ordinance No. 08-023. The Affordable Housing Advisory Committee shall submit a report to the Board of County Commissioners every three years on or before December 1" beginning December 2008 that includes recommendations, evaluations, implementation of affordable housing in the following specific areas: 1) The processing of approvals of development orders or permits, as defined in Sections 163.3164 (7) and (8), Florida Statutes, for affordable housing projects is expedited to a greater degree than other projects; 2) The modification of impact -fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing; 3) The allowance of flexibility in densities for affordable housing; 4) The reservation of infrastructure capacity for housing for very -low income persons, low income persons, and moderate -income persons; 5) The allowance of affordable accessory residential units in residential zoning districts; 6) The reduction of parking and setback requirements for affordable housing; 7) The allowance of flexible lot configurations, including zero -lot -line configurations for affordable housing; 8) The modification of street requirements for affordable housing; 9) The establishment of a process by which the County considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing; 10) The preparation of a printed inventory of locally owned public lands suitable for affordable housing; 11) The support of development near transportation hubs and major employment centers and mixed- use developments. Meetings of the Affordable Housing Advisory Committee were held on the following dates: • April 9, 2014 • May 1, 2014 • June 19, 2014 • January 21, 2015 II. PUBLIC HEARING The report was presented at a public hearing on April 6, 2015. St. Lucie County Affordable Housing Advisory Committee Page 2 of 14 2015 Incentive Review and Recommendation Report 0 Q. m U a x a LO 0 N Cn w rn T 0 N W w 0 0. d c 0 :r 0 c m E E 0 m o! c.� Q x Q uO 0 N c m E 0 Q Packet Pg. 137 1 I 8.D.2.a I III. INCENTIVES AND RECOMMENDATIONS Incentive 1 The processing of approvals of development orders or permits, as defined in Sections 163.3164(7) and (8), Florida Statutes, for affordable housing projects is expedited to a greater degree than other projects. Review Synopsis: Goals, Objectives and Policies regarding affordable housing and housing in general may be found in the County's Comprehensive Plan Housing Element. There are no Goals, Objectives or Policies that specifically address the expedition of the review, approval and/or permitting of affordable housing projects. The addition of language, in the form of an objective or policy, regarding the expedition of the approval of affordable housing projects would be best suited in the Housing Element of the Comprehensive Plan. The County's Land Development Code makes no mention of affordable housing in definition, zoning, use or expedition of review or approval of such developments. Chapter XI, Administration and Enforcement, deals with the procedures required for obtaining development orders (any order granting, denying authorization, or granting with conditions an application for a development permit) and certain types of permits. Chapter XII, Decision Making and Administrative Bodies, defines the respective commissions, boards and agencies and all matters related to their charge. Any modifications of review and approval procedures to expedite affordable housing projects would be best suited to Chapter XI. Consideration of the modification of duties and powers with respect to the expedition of affordable housing permitting could be considered for the appropriate board (BOCC) and/or Local Planning Agency (Planning and Zoning Commission). 2008 Recommendation: Specific policies and objectives regarding expedition of permits and development approvals should be added to the Housing Element of the Comprehensive Plan along with the addition of modifications in respect to expediting affordable housing to the Land Development Code Chapter XII, Decision Making and Administrative Bodies. 2008 Board Action: March 9, 2010, Resolution 10-060 was passed directing the St. Lucie County building official to expedite the review of all building permit applications for County funded affordable housing projects. A stamp has been created to mark plans as affordable housing projects so that they are easily identified by the building department. 2011 Recommendation: At this time the Committee does not have additional recommendations for this incentive. 2011 Board Action: None 2015 Recommendation: At this time the Committee does not have additional recommendations for this incentive. 2015 Board Action: TBD St. Lucie County Affordable Housing Advisory Committee Page 3 of 14 2015 Incentive Review and Recommendation Report F 0 Q. m U a x Q LO 0 N W LU T 0 N v� w 0 a d c 0 :r 0 c m E E 0 m U Q x Q W 0 N C E 0 Q Packet Pg. 138 1 I 8.D.2.a I Incentive 2• Consider the modification of impact -fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. Review Synopsis: Goals, Objectives and Policies regarding affordable housing and housing in general may be found in the County's Comprehensive Plan Housing Element. The following objectives and policies do seem to address the issue of fee waivers and alternative methods of fee payment, albeit not specifically. Objective 5.1.3 By 2003, the Land Development Regulations shall clearly define incentives to facilitate public and private sector cooperation. Policy 5.1.3.1 The County will continue to review ordinances, codes, regulations and the permitting process for the purpose of identifying excessive requirements, and amending or adding other requirements in order to maintain or increase private sector participation in meeting the housing needs, while continuing to insure the health, welfare and safety of the residents. Policy 5.1.3.2 The County shall continue to support incentives including fast track processing to proposed housing developments. Policy 5.1.3.4 By December 31, 2003, the Land Development Regulations shall provide private sector and nonprofit organizations incentives for the provision of affordable housing, including density bonuses. The addition of specific language, in the form of an objective or policy, regarding the reduction or waiver of fees and alternative methods of fee payment for affordable housing may be considered. The County's Land Development Code makes no mention of reduction or waiver of fees and alternative methods of fee payment for affordable housing. Any modifications of review and approval procedures to expedite affordable housing projects would be best suited to Chapter XI Administration and Enforcement and Chapter XII Decision Making and Administrative Bodies. Further, the County is currently in the process of assessing its impact fees and consideration of including the above may be appropriate. 2008 Recommendation: Specific language should be added to the Comprehensive Plan, in the form of an objective or policy, regarding the reduction, waiver or deferral of fees and alternative methods of fee payment for affordable housing. 2008 Board Action: The recommendation was reviewed by the board on January 27, 2009. No further action was taken by the board. 2011 Recommendation: Due to the current economic climate and constraints on the County budget, the Committee members do not have any recommendations for this incentive. When the economic climate improves, this incentive may be revisited. 2011 Board Action: None St. Lucie County Affordable Housing Advisory Committee Page 4 of 14 2015 Incentive Review and Recommendation Report F 0 Q. m U a x Q uO 0 N W LU T 0 N W w 0 a d c 0 :r 0 c m E E 0 m U Q x Q uO 0 N c m E 0 Q Packet Pg. 139 1 I 8.D.2.a I 2015 Recommendation: At this time the Committee does not have additional recommendations for this incentive. 2015 Board Action: TBD Incentive 3• Allow flexibility in densities for affordable housing. Review Synopsis: The Housing Element of the Comprehensive Plan does contain language that could be construed to include the allowance of flexibility in densities. Witness the following examples: Policy 5.1.1.2 The County shall continue to permit high density residential development in Planned Mixed Use Development projects. Objective 5.1.2 In order to facilitate the development of industries (industrial and commercial) providing numerous positions, the County shall encourage the development of housing conducive to the attraction of these new industries and which have been identified as a need within St. Lucie County. Objective 5.1.3 By 2003, the Land Development Regulations shall clearly define incentives to facilitate public and private sector cooperation. Policy 5.1.3.1 The County will continue to review ordinances, codes, regulations and the permitting process for the purpose of identifying excessive requirements, and amending or adding other requirements in order to maintain or increase private sector participation in meeting the housing needs, while continuing to insure the health, welfare and safety of the residents. There appear to be no other Goals, Objectives or Policies in any of the other Elements of the Comprehensive Plan addressing the issue of flexibility in densities for affordable housing. Future modifications to nearly all the Elements, such as Land Use, Transportation, Potable Water/Solid Waste/Drainage/Sanitary Sewer Sub -Elements, may be considered in that the issue of density ought to be considered comprehensively. The Land Development Code also does not address, specifically, allowances for flexibility in densities for affordable housing. However, there are a number of chapters and their respective sections that either consider or could be modified to better consider density flexibility regarding affordable housing. They include, however are not necessarily limited to Chapter III Zoning Districts (Residential Multi -Family districts, Planned Development and Planned Mixed Use Development), Chapter VII Development Design and Improvement Standards (Sections 7.01.00 Planned Unit Development, 7.03.00 Planned Mixed Use Development, 7.04.00 Area, Yard, Height, and Open Space Requirements). Such modification considerations, with respect to density must also take into consideration transportation issues (reference Section 7.05.00 Transportation Systems) and parking (reference Section 7.06.00 Off -Street Parking and Loading). 2008 Recommendation: Specific language should be added to the Land Development Code which would better address density flexibility for affordable housing. St. Lucie County Affordable Housing Advisory Committee Page 5 of 14 2015 Incentive Review and Recommendation Report 0 Q. m U a x a LO 0 N N LU T 0 N vn w 0 a d c 0 :r 0 c m E E 0 m U Q x Q Ln 0 N c m E 0 0 Q Packet Pg. 140 1 I 8.D.2.a I 2008 Board Action: The recommendation was reviewed by the board on January 27, 2009. No further action was taken by the board. 2011 Recommendation: Due to the current economic climate, the Committee members do not have any recommendations for this incentive. When the economic climate improves, this incentive may be revisited. 2011 Board Action: None 2015 Recommendation: The Committee recommends that the Board direct the Planning and Development Services Department to add language to the Comprehensive Plan that residential development for affordable housing may receive a density bonus not to exceed 15% of the density permitted by the applicable zoning district. 2015 Board Action: TBD Incentive 4• The reservation of infrastructure capacity for housing for very -low income persons, low income persons, and moderate - income persons. Review Synopsis: The Housing Element of the Comprehensive Plan does contain language that could be construed to include the reservation of infrastructure. The following goal (shown) and the subsequent objectives and policies that follow appear to address this issue: GOAL 5.2: TO PROVIDE AN ADEQUATE MIX OF SAFE AND SANITARY HOUSING WHICH MEETS THE NEEDS OF EXISTING AND FUTURE ST. LUCIE COUNTY RESIDENTS. Future modifications to the Elements, such as Land Use, Transportation, Potable Water/Solid Waste/Drainage/Sanitary Sewer Sub -Elements, may be considered in that the issue of capacity ought to be considered comprehensively. The Land Development Code also does not address, specifically, the reservation of infrastructure capacity for affordable housing. Modifications regarding the reservation of infrastructure capacity for affordable housing appear to be limited to Chapter VII Development Design and Improvement Standards. 2008 Recommendation: To better plan for higher density land uses that can better accommodate affordable housing, develop specific language in the Comprehensive Plan for land use designations that will serve affordable housing infrastructure requirements such as utilities and transportation. 2008 Board Action: The recommendation was reviewed by the board on January 27, 2009. No further action was taken by the board. St. Lucie County Affordable Housing Advisory Committee Page 6 of 14 2015 Incentive Review and Recommendation Report 0 Q. m c� Q x Q 0 N N LU 0 N N W 0 a d c 0 :r 0 c m E E 0 v m oc c� Q x Q Ln 0 N C E 0 0 Q Packet Pg. 141 1 I 8.D.2.a I 2011 Recommendation: Due to the current economic climate, the Committee members do not have any recommendations for this incentive. When the economic climate improves, this incentive may be revisited. 2011 Board Action: None 2015 Recommendation: At this time the Committee does not have any recommendations for this incentive. 2015 Board Action: TBD Incentive 5• The allowance of affordable accessory residential units in residential zoning districts. Review Synopsis: There appear to be no Goals, Objectives or Policies in any of the Elements of the Comprehensive Plan that specifically address the allowance of affordable accessory units. Arguably, some of the goals, policies and objectives language is broad enough that such standards would be appropriate for inclusion in the Land Development Code. The Residential Zoning Districts (Chapter III Zoning Districts) could be modified to include such accessory units. Chapter VII Development Design and Improvement Standards, Section 7.04.00 Area, Yard, Height, and Open Space Requirements and Chapter VIII Accessory and Temporary Structures and Uses would also need to be reviewed. 2008 Recommendation: Specific language should be added to both the Comprehensive Plan and the Land Development Code. Comprehensive Plan language would include additions to the Future Land Use and Housing Elements with regard to accessory structures. Specific language to the Land Development Code would include additions to Zoning Districts and to Development Design and Improvement Standards with respect to accessory structures and area, yard, height and open space requirements. Accessory structures would be considered in districts where best feasible or appropriate. 2008 Board Action: The recommendation was reviewed by the board on January 27, 2009. No further action was taken by the board. 2011 Recommendation: Due to the current economic climate, the Committee members do not have any recommendations for this incentive. When the economic climate improves, this incentive may be revisited. 2011 Board Action: None St. Lucie County Affordable Housing Advisory Committee Page 7 of 14 2015 Incentive Review and Recommendation Report 0 Q. m U a x a LO 0 N N LU T 0 N N W 0 a d oc c 0 M c m E 0 0 a) U Q x Q uO 0 N C E 0 a Packet Pg. 142 1 I 8.D.2.a I 2015 Recommendation: In an effort to promote affordable housing, the Committee recommends that the Board direct the Planning and Services Department to draft a text amendment to allow Accessory Dwelling Units (ADU's) as a permitted accessory use in new residential site plans. The Committee requests that it be notified to review the draft text amendment prior to it being brought before the Board for review and approval. 2015 Board Action: TBD Incentive 6• Reduce parking and setback requirements for affordable housing. Review Synopsis: Again, there appear to be no Goals, Objectives or Policies in any of Elements of the Comprehensive Plan that specifically address the allowance of affordable accessory units. However, some of the goals, policies and objectives language is broad enough that such standards would be appropriate for inclusion in the Land Development Code. Land Development Code Chapters and Section to be reviewed for modification with respect to the reduction of parking and setback requirements would include, but not necessarily be limited to Chapter VII Development Design and Improvement Standards, Section 7.04.00 Area, Yard, Height, and Open Space Requirements and Section 7.06.00 Off - Street Parking and Loading. 2008 Recommendation: Specific language should be added to the Land Development Code Development Design and Improvement Standards and Off Street Parking and Loading requirements with respect to parking and setback requirements. 2008 Board Action: The recommendation was reviewed by the board on January 27, 2009. No further action was taken by the board. 2011 Recommendation: Due to the current economic climate, the Committee members do not have any recommendations for this incentive. When the economic climate improves, this incentive may be revisited. 2011 Board Action: None 2015 Recommendation: At this time the Committee does not have additional recommendations for this incentive. 2015 Board Action: TBD St. Lucie County Affordable Housing Advisory Committee Page 8 of 14 2015 Incentive Review and Recommendation Report 0 Q. m U a x Q LO 0 N N LU T 0 N N W 0 a d c 0 :r 0 c m E E 0 m c.� Q x Q uO 0 N C m E 0 Q Packet Pg. 143 1 I 8.D.2.a I Incentive 7• The allowance of flexible lot configurations, including zero -lot -line configurations for affordable housing. Review Synopsis: Also here, there appear to be no Goals, Objectives or Policies in any of Elements of the Comprehensive Plan that specifically address the allowance of affordable accessory units. However, some of the goals, policies and objectives language is broad enough that such standards would be appropriate for inclusion in the Land Development Code. Land Development Code Chapters and Section to be reviewed for modification with respect to the reduction of parking and setback requirements would include, but not necessarily be limited to the Residential Zoning Districts (Chapter III Zoning Districts) could be modified to include such flexibility. Chapter VII Development Design and Improvement Standards, Section 7.04.00 Area, Yard, Height, and Open Space Requirements. Sections 7.01.00 Planned Unit Development, 7.03.00 Planned Mixed Use Development, also found in Chapter VII should be considered as well. 2008 Recommendation: Specific language should be added to both the Comprehensive Plan and the Land Development Code. Comprehensive Plan language would include additions to the Future Land Use and Housing Elements with regard to zero -lot -line configuration. Specific language to the Land Development Code would include additions to Zoning Districts and to Development Design and Improvement Standards with respect to accessory structures and area, yard, height and open space requirements. Zero -lot -line type uses and configurations would be considered in districts where best feasible or appropriate. 2008 Board Action: The recommendation was reviewed by the board on January 27, 2009. No further action was taken by the board. 2011 Recommendation: Due to the current economic climate, the Committee members do not have any recommendations for this incentive. When the economic climate improves, this incentive may be revisited. 2011 Board Action: None 2015 Recommendation: At this time the Committee does not have additional recommendations for this incentive. 2015 Board Action: TBD Incentive 8• The modification of street requirements for affordable housing. Review Synopsis: There appear to be no Goals, Objectives or Policies in any Elements of the Comprehensive Plan that specifically address street requirements for affordable housing. Arguably, some of the goals, policies and objectives language is broad enough that such standards would be appropriate for inclusion in the Land Development Code. St. Lucie County Affordable Housing Advisory Committee Page 9 of 14 2015 Incentive Review and Recommendation Report F 0 Q. m U a x a LO co LU N rn LO 0 N vn w 0 a d c 0 :r 0 c m E E 0 m c.� Q x Q LO 0 N c m E 0 a Packet Pg. 144 1 I 8.D.2.a I Land Development Code Chapters and Section to be reviewed for modification with respect to street requirements would include, but not necessarily be limited to Chapter VII Development Design and Improvement Standards and Section 7.06.00 Off -Street Parking and Loading. 2008 Recommendation: Work with County Engineering to review and modify, where feasible, street and parking circulation cross-section requirements for affordable housing development. 2008 Board Action: The recommendation was reviewed by the board on January 27, 2009. No further action was taken by the board. 2011 Recommendation: To take into the consideration the Urbanized Concept Transit Network when developing affordable housing, with the idea that those seeking affordable housing may also be seeking affordable transportation. 2011 Board Action: None 2015 Recommendation: The Committee recommends that current and future public transportation be taken into consideration when developing affordable housing. 2015 Board Action: TBD Incentive 9• Establish a process by which the County considers, before adoption of any policy, procedure, ordinance, regulation, or plan a provision that prevents any increase the cost of housing. Review Synopsis: Goals, Objectives and Policies regarding affordable housing and housing in general may be found in the County's Comprehensive Plan Housing Element. The following objectives and policies may be interpreted to provide for the establishment of a process by which the County could consider, before adoption, policies, procedures, ordinances, regulations or plan provisions that increase the cost of housing. Objective 5.1.3: By 2003, the Land Development Regulations shall clearly define incentives to facilitate public and private sector corporations. Policy 5.1.3.1: The County will continue to review ordinances, codes, regulations and the permitting process for the purpose of identifying excessive requirements, and amending or adding other requirements in order to maintain or increase private sector participation in meeting the housing needs, while continuing to insure the health, welfare and safety of the residents. Policy 5.1.3.2: The County shall continue to support incentives including fast track processing to proposed housing developments. St. Lucie County Affordable Housing Advisory Committee Page 10 of 14 2015 Incentive Review and Recommendation Report 0 Q. m U a x Q LO 0 N Cn LU T 0 N M w 0 a d c 0 M c m E E 0 m U Q x Q uO 0 N c m E 0 a Packet Pg. 145 1 I 8.D.2.a I Policy 5.1.3.4: By December 31, 2003, the Land Development Regulations shall provide private sector and nonprofit organizations incentives for the provision of affordable housing, including density bonuses. The addition of specific language, in the form of an objective or policy, regarding the above, for affordable housing, may be considered. 2008 Recommendation: Work with County Attorney's office to develop a process and/or procedure by which any increase in the cost of housing be considered before the adoption of any policy, procedure, ordinance, regulation, or plan, provision that prevents any increase in the cost of affordable housing. 2008 Board Action: The recommendation was reviewed by the board on January 27, 2009. No further action was taken by the board. 2011 Recommendation: None The contact information of the Affordable Housing Advisory Committee members will be made available to Planning and Zoning Department for notification of public meetings that discuss items that may increase the cost of affordable housing. 2015 Recommendation: The Committee has no additional recommendation for this incentive and feels that the current process allows for proper public input for changes that may affect affordable housing. 2015 Board Action: TBD Incentive 10• Preparation a printed inventory of locally owned public lands suitable for affordable housing. Review Synopsis: The following objective and policies do address, somewhat, the inventory of locally owned public lands for affordable housing: Objective 5.2.5. Sites suitable for low and moderate -income housing shall be maintained in the County to meet the current and projected population needs. Policy 5.2.5.1 The County shall maintain or increase the amount of vacant land currently designated on the Future Land Use Map as Residential High (RH) in order to reduce land costs for low and moderate income housing. At least annually the plan shall be amended to add RH designated acreage comparable to the amount that has been developed during the previous year. Policy 5.2.5.2 The County shall maintain at a minimum 25% surplus of vacant land designated for high and/or medium density residential use on the Future Land Use Map and inside the Urban Service Boundary, in order that an adequate choice of sites for housing is available at all times. At least annually the plan shall be amended to provide for the surplus. Additional specific language, in the form of an objective or policy, regarding the above, may be considered. St. Lucie County Affordable Housing Advisory Committee Page 11 of 14 2015 Incentive Review and Recommendation Report 0 Q. m U a x Q LO 0 N Cn LU T 0 N Cn w 0 a d c 0 :r 0 c m E E 0 m U Q x Q Ln 0 N c m E 0 0 Q Packet Pg. 146 1 I 8.D.2.a I 2008 Recommendation: Follow the recommendations outlined in the County's Affordable Housing Strategy which includes developing an inventory of publicly owned lands suitable for affordable housing. 2008 Board Action: The recommendation was reviewed by the board on January 27, 2009. No further action was taken by the board. 2011 Recommendation: Due to the current economic climate and the existing housing stock available in the County, the Committee members do not have any recommendations for this incentive. When the economic climate improves, this incentive may be revisited. 2011 Board Action: None 2015 Recommendation: The Committee recommends that the County continue its current process in accordance with Florida Statute 125.379, which requires local governments to identify locally owned public land suitable for affordable housing. 2015 Board Action: TBD Incentive 11 Support development near transportation hubs, major employment centers and mixed -use developments. Review Synopsis: The Comprehensive Plan provides several objectives and policies that seem to address the support of development near transportation hubs and major employment centers and mixed -use developments. Though not specific, through modification or addition of goals, objectives or policies that are more specific, this area may be better addressed. The following are currently found in the Plan: Policy 5.1.1.2 The County shall continue to permit high density residential development in Planned Mixed Use Development projects. Objective 5.1.2 In order to facilitate the development of industries (industrial and commercial) providing numerous positions, the County shall encourage the development of housing conducive to the attraction of these new industries and which have been identified as a need within St. Lucie County. Policy 5.1.2.1 In order to facilitate the location of new commercial and industrial enterprises especially high-tech industries, the county shall designate 1,868 acres of land to accommodate a minimum of 9,340 single-family dwelling units which will encourage the relocation of new businesses. Policy 5.1.2.2 The County shall encourage the development of single-family residential dwelling units to be located in the vicinity of new industrial and commercial development. GOAL 2.2 ESTABLISHES AN INTEGRATED TRANSPORTATION SYSTEM CONSISTENT WITH FUTURE DEVELOPMENT OF THE COUNTY. St. Lucie County Affordable Housing Advisory Committee Page 12 of 14 2015 Incentive Review and Recommendation Report 0 Q. m U a x Q LO 0 N N LU T 0 N N w 0 a d c 0 0 c m E E 0 m U Q x Q Ln 0 N c m E 0 0 Q Packet Pg. 147 1 I 8.D.2.a I Objective 2.2.1 Coordinate the transportation system with the future land use map or map series and ensure that existing and proposed population densities, housing and employment patterns, and land uses are consistent with the transportation modes and services proposed to serve these areas. GOALS 2.6 INCORPORATE THE POTENTIAL FOR MASS TRANSIT INTO LONG RANGE TRANSPORTATION NEEDS. 2008 Recommendation: Follow the recommendations regarding development near transportation hubs, major employment centers and mixed -use developments as outlined in the Comprehensive Plan Evaluation and Appraisal Report. 2008 Board Action: The recommendation was reviewed by the board on January 27, 2009. No further action was taken by the board. 2011 Recommendation: The Committee has no additional recommendations at this time. 2011 Board Action: None 2015 Recommendation: The committee recommends that the 2015 recommendation mirror the 2008 recommendation. 2015 Board Action: TBD St. Lucie County Affordable Housing Advisory Committee Page 13 of 14 2015 Incentive Review and Recommendation Report Packet Pg. 148 1 I 8.D.2.a I IV. ADDITIONAL RECOMMENDATIONS 2011 Additional Recommendations: The Committee adopted the definition of affordable housing as it relates to the eleven items in the recommendation report as "30% of one's gross income." This definition is consistent with the HUD definition of housing affordability. State Housing Initiative Partnership (SHIP) rules have been updated to reflect if a jurisdictions' annual SHIP funding distribution is $350,000 or less, they are exempt from the AHAC reporting requirement. The committee recommends updating the ordinance to reflect this change. The committee will continue to emphasize the need for affordable housing in times of a declining economy, low housing values and record default/foreclosure rates. Another critical element suffering is the jobless rate. There is a direct relationship between housing and jobs. The committee adopts the theme generated at the recent Florida Housing Coalition Conference— "HOUSING EQUALS JOBS". Statistics show that for every dollar spent on housing, it equates to 8 dollars into the economy. 2015 Additional Recommendations The Committee would like to state that it will continue to support and emphasize the need for affordable housing in St. Lucie County. ATTACHMENTS: Resolution No. 15-XX Resolution No. 2011-190 Ordinance No. 08-023 Resolution No. 09-036 Resolution No. 10-060 St. Lucie County Affordable Housing Advisory Committee Page 14 of 14 2015 Incentive Review and Recommendation Report F 0 Q. m U a x a LO 0 N N LU T 0 N N w W Packet Pg. 149 1 8.D.2.b RESOLUTION NO. 15-XX A RESOLUTION APPROVING THE ST. LUCIE COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE (AHAQ 2015 INCENTIVES REVIEW & RECOMMENDATION REPORT WHEREAS, pursuant to revised Section 420.9076 (4), F.S., each local government participating in the State Housing Initiatives Partnership (SHIP) program must prepare an AHAC report that recommends to the local governing body specific actions or initiatives to encourage or facilitate affordable housing; and, WHEREAS, the St. Lucie County AHAC held public meetings on April 9, 2014, May 1, 2014, June 19, 2014, and January 21, 2015 at which the AHAC reviewed the County's existing affordable housing incentive recommendations to determine which incentives should be updated and be incorporated into the 2015 Incentives Review & Recommendation Report; and, WHERAS, on April 6, 2015, the AHAC voted to approve the 2015 Incentives Review & Recommendation Report; WHEREAS, following its vote to approve the 2015 Incentives Review & Recommendation Report, the AHAC held a public hearing pursuant to the requirements of Section 420.9076 (5), F.S. on April 6, 2015 to review the 2015 Incentives Review & Recommendation Report; and, WHEREAS, following the close of the April 6, 2015 public hearing, the AHAC voted to approve the 2015 Incentives Review & Recommendation Report and recommend the Board of County Commissioners accept the Report as presented; and, WHEREAS, an electronic copy of the 2015 Incentives Review & Recommendation Report must be submitted to Florida Housing Finance Corporation by May 2015. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The attached St. Lucie County Affordable Housing Advisory Committee 2015 Incentives Review & Recommendation Report is hereby approved. 2. The Community Services Director is hereby directed to forward a copy of the 2015 Incentives Review & Recommendation Report to Florida Housing Finance Corporation. Packet Pg. 150 8.D.2.b After motion and second the vote on this resolution was as follows: Chair Paula A. Lewis XXX Vice Chairman Kim Johnson XXX Commissioner Chris Dzadovsky XXX Commissioner Tod Mowery XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this 21st day of April, 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney Packet Pg. 151 8.F.1 ITEM NO. (ID # 2799) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: BACKGROUND: Charles Barrowclough, Lands Coordinator Environmental Resources DATE: 04/21/2015 *CONSENT AGENDA\ENVIRONMENTAL RESOURCES Boy Scouts of America, Gulfstream Council, Facility Use Agreement For 105 years, Scouting has taught young people the virtues of duty to God, honor, respect, character, healthy living and a true sense of citizenship through the principles found in the Scout Oath and Law. These character traits have served as a code of conduct for millions of youth, giving them the tools they need to succeed in life. Scouting alumni include presidents, doctors, lawyers, teachers, CEO's professional athletes, scientists and successful people in all walks of like. Every day the Gulfstream Council seeks to fulfill this mission by " preparing young people to make ethical choices over their lifetime in achieving their full potential". This mission is the centerpiece of the movement as they cultivate the leaders of tomorrow. They alone hold the promise of America's future. The St. Lucie County "Friends of Scouting" and the Van Duzer Foundation have established a model program designed to accomplish the aims of character development, citizenship training, and personal fitness through fun, adventure, service, achievement and leadership training. The idea is to expose the young men to opportunities and avenues of community service that are far more rewarding than the crime and punishment that come along with the quick and short-lived thrill of gang life. "Service before Self'. Locally, Troop 772 has been recognized for its commitment to our community and will serve as a national model for engaging the community in support of scouting in other hard -to -serve areas. The Troop has monthly camping trips to help learn more about life skills and resourcefulness, job shadowing and opportunities to observe and experience a variety of career options, and a strong commitment to community service and sharing time and talent to help make the community a safer, stronger, and friendlier place to live, work, and play. The Facility Use Agreement will provide the Gulfstream Council, Van Duzer Foundation and local Boy Scout Troops with the much needed facilities for adult leader training, as well as, opportunities for outdoor recreation, and for community oriented service projects. Packet Pg. 152 8.F.1 PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends approval of the Facility Use Agreement between the St. Lucie County, Gulfstream Council of the Boy Scouts of America, and Florida Communities Trust and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures �Dx-, anie s. McIntyre, c my ttorney 4/9/2015 Ho and Tipton, Count Administrate 4/9/2015 updated: 4/10/2015 1:36 PM by Kelly Phelan Page 2 Packet Pg. 153 8.F.1.a NON — EXCLUSIVE FACILITIES USE AGREEMENT THIS NON-EXCLUSIVE FACILITIES USE AGREEMENT (this "Agreement") is made and entered into by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County," and GULF STREAM COUNCIL OF BOY SCOUTS OF AMERICA, INC., a Florida nonprofit corporation, hereinafter referred to as "Boy Scouts." The County and the Boy Scouts are collectively referred to as the "parties". WITNESSETH: WHEREAS, the County owns facilities located throughout St. Lucie County, Florida (hereinafter, such facilities are singularly referred to as a "Preserve" or collectively as the "Preserves," and the same are itemized on Exhibit "A" attached hereto and incorporated by reference); and, WHEREAS, the Boy Scouts desire to use the Preserves for environmental education and outdoor recreation compatible with conservation and natural resource management; and, WHEREAS, the County is willing to enter into this Agreement with the Boy Scouts to authorize Boy Scouts to be a permitted user of the Preserves, with observance to the goals, objectives, and policies of the County, the use and access of the Preserves by the general public, and the terms and conditions of this Agreement; and WHEREAS, the County acquired the Preserves with partial funding from the Florida Communities Trust ("FCT") and each Preserve is subject to certain limitations provided in the FCT Grant Award Agreement a/k/a the Declaration of Restrictive Covenants (hereinafter referred to as "FCT Restrictive Covenants"), as recorded in the public records of St. Lucie County, Florida as itemized on Exhibit "A"; and WHEREAS, as part of and a condition to such FCT funding, the County provided and FCT approved a Management Plan for the Preserves, the terms of which Management Plan as may be amended from time to time, together with the FCT Restrictive Covenants, are incorporated in this Agreement by reference; and WHEREAS, the County intends native ecological communities, natural resources and recreational values of the Preserves be preserved and enhanced with the Management Plan, as it may be amended from time to time only after review and approval by FCT. Page 1 of 15 Packet Pg. 154 8.F.1.a NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. USE OF PRESERVES. The Boy Scouts shall use the Preserves to gather and camp (as specified in the Management Plan of each Preserve). The Boy Scouts shall ensure the removal of all trash. The Boy Scouts' use of the Preserves shall not be exclusive and such use of the property shall not preclude public access or County staff access to the Preserves. 2. TERM/TERMINATION. The term of this Agreement shall be for a period of five (5) years beginning on January 1, 2015 (the "Effective Date") and expiring on December 31, 2019 (the "Term"). The Term may be extended for two (2) additional consecutive five (5) year periods by written agreement of both parties and the written consent of the FCT. Any renewal or extension of the Term may be granted, conditioned, or denied in the County's sole discretion. Any such renewal or extension may require amendment to the terms and conditions of this Agreement to the satisfaction of the County and the FCT. Either party may terminate this Agreement without cause upon thirty (30) days prior written notice to the other party, with copy to the FCT. ] .TS)1 X01 i ►Ti lei ► /-,Tel 4.4 The Project Manager for the County is Amy Griffin or successor, telephone (772) 462-2531, griffina@stlucieco.org. The Project Manager for the Boy Scouts is Raymond Garrison, telephone (561) 694-8585, email Ray.Garrion@scouting.org. 4. BOY SCOUTS' CONTRIBUTION OF IN -KIND SERVICES, USE OF THE PRESERVES - GENERAL COVENANTS. The parties covenant and agree as follows: A. Boy Scouts agree that this is a non-exclusive facilities use agreement for the Preserves, as such access and uses are described herein. This Agreement does not grant any right nor empower the Boy Scouts to preclude in any way the general public's access to the Preserves or its facilities, nor does it grant priority access to the Boy Scouts over usage requests received from the general public. B. In exchange for the Boy Scouts' contribution of services in -kind to the Preserves, Boy Scouts may use the Preserves for the scouting functions itemized on the Page 2 of 15 Packet Pg. 155 8.F.1.a attached Exhibit "A" entitled Schedule of Anticipated Uses (which Schedule shall include a list of Boy Scout troops and the expected number of troop participants by Preserve). C. The Boy Scouts' in -kind services shall include the services described in this Paragraph 4, all of which must be in furtherance of the Management Plan and in compliance with the FCT Restrictive Covenants. The parties shall regularly track and quantify the Boy Scouts' contribution of such in -kind services, by Preserve, so that the Boy Scouts' use of each Preserve is fairly equivalent to the in -kind services contributed at each Preserve. In the event there is an insufficient accrual of in -kind services contributed by the Boy Scouts at the time of their usage of a Preserve, the County's regular usage fees shall apply to such usage. On or before the due date of each FCT Annual Stewardship Report, the Boy Scouts shall deliver any usage fees due to the County for the period of time covered by the Report, and the Report shall include a description and tabulation of the Boy Scouts' contribution of in -kind services, uses, and usage fees paid by Preserve for such period. D. Boy Scouts shall assist County Staff in removal of invasive plant species, trash, or debris within the Preserves, if or as directed by County Staff. E. Boy Scouts shall cooperate with County Staff, if or as directed, to protect or enhance the native ecological communities within the Preserves. F. Boy Scouts shall assist County Staff, as directed, in grooming the recreational trails and grounds within the Preserves and in otherwise maintaining the improvements within the Preserves. G. Boy Scouts shall assist County Staff in increasing the level of service requirements (i.e., the number of miles of trail accessible by the public) for the recreational trails. H. Boy Scouts shall assist the County in offering ongoing environmental educational programs regarding the Preserves to the general public. I. Boy Scouts may conduct tours of the Preserves in the locations and manner approved by the County Project Manager. J. Boy Scouts may install or furnish equipment and improvements for the benefit of the Preserves, if and only to the extent pre -approved in writing by the County Project Manager, all as more particularly governed by Paragraph 5.13. below. Page 3 of 15 Packet Pg. 156 8.F.1.a 5. BOY SCOUTS'S OPERATIONS. A. Advertisement: Boy Scouts may not place advertising on Preserve property. B. Department Approval: Boy Scouts shall not alter nor modify any structural portion of the Preserves, a Preserve site, or the improvements constructed therein without first obtaining the written approval of the County Project Manager. Boy Scouts agree that it will submit a descriptive written request to, and shall obtain the prior written approval of, the County Project Manager prior to undertaking any of the following activities, which approval may be granted, denied, or conditioned in the County's sole discretion: (1) Installation of any equipment requiring any modifications to the Preserves or its improvements. (2) Installation of improvements of any kind within the Preserves, including but not limited to buildings, structures, fixtures, furnishings, signage, landscaping, betterments or modifications of any kind. Any such installations, if approved as required by the County Project Manager, shall be in keeping with the appropriate standards of decor within the Preserves and in the area(s) affected, and such work shall be properly tied into and be coordinated with the existing improvements. All buildings, improvements, and any other fixtures of a permanent nature shall become the property of the County at the time installed and shall not be removed. The Boy Scouts shall provide the County Project Manager with invoices associated with all such improvements in order to establish the new insurance value and the value of related in -kind services. Boy Scouts agree that all equipment, furnishings and improvements provided to the Preserves shall meet the requirements of all applicable building, fire, pollution, and other related codes, and the County's written approval. It is the intention of the parties to this Agreement that any approved improvements performed or funded by Boy Scouts within the Preserves shall be, and will always remain, the property of the County. C. County Property: The Boy Scouts shall not remove any County -owned equipment, furnishings, or other property from within the Preserves. D. Boy Scouts' Manner of Usage, Maintenance, and Repair: (1) Boy Scouts shall conduct its operation in an orderly manner so as not to annoy, disturb, or be offensive to other guests, patrons, other operators, or others in the immediate vicinity of such operations. Page 4 of 15 Packet Pg. 157 8.F.1.a (2) Boy Scouts shall control the conduct, demeanor, and appearance of its officers, members, employees, agents, representatives, customers and patrons (collectively its "Members, Agents, and Invitees"), and upon objection of the County Environmental Resources Director, County Project Manager, or other County Staff concerning the conduct, demeanor, or appearance of any such person, Boy Scouts shall immediately take all necessary steps to correct the cause of such objection and remedy any damage to the Preserves. (3) Boy Scouts shall take good care of the Preserves, in accord with the FCT Restrictive Covenants and the Management Plan, and shall use the same in a careful manner. At its own cost and expense Boy Scouts shall maintain in good condition and repair, and remedy any damage to, all areas of the Preserves used by Boy Scouts, its Members, Agents, and Invitees. Boy Scouts shall notify the County Project Manager of any anticipated repairs Boy Scouts desire to undertake and shall obtain the County Project Manager's prior written consent thereto. Any such maintenance and repairs shall be consistent with the FCT Restrictive Covenants, the Management Plan, and the County's written approval, and inure to the benefit of the County. (4) Boy Scouts acknowledge that the Preserves are open to the general public and Boy Scouts shall not store personal property at or within the Preserves that promotes or advertises the Boy Scouts. Boy Scouts may maintain materials that support or facilitates public usage of the Preserves in a manner consistent with the FCT Restrictive Covenants and Management Plan, as approved by the County Project Manager. Boy Scouts understand that if approved personal property is left at the Preserves, it remains accessible to the public and the County shall not be responsible for the safety, safekeeping or security of such items. Any personal property of Boy Scouts not removed at termination or expiration of this Agreement may be removed by the County for storage at the cost of Boy Scouts or shall constitute a gratuitous transfer of title thereof to the County for whatever disposition is deemed to be in the best interest of the County. (5) Upon the expiration of this Agreement, or its termination in any manner, Boy Scouts shall remedy any damage to the Preserves caused by Boy Scouts, its Members, Agents, and Invitees, or independent contractors and leave the Preserves in at least the same condition as of the Effective Date of this Agreement, loss by fire or other casualty and ordinary wear and tear excepted. 6. COUNTY RESPONSIBILITIES. A. The County agrees to waive the applicable fees for meeting space and group camping within the Preserves to the extent the Boy Scouts have provided a Page 5 of 15 Packet Pg. 158 8.F.1.a corresponding amount of in -kind services to the Preserves, as approved by the County Environmental Resources Director. Boy Scouts shall track and report its approved in -kind services contributed to each Preserve each month, by Scout group, including but not limited to the time and funds invested for each Boy Scouts' activity that benefits the Preserves, and the Boy Scouts' usage of meeting space and camping or other facilities at the Preserves. The County shall provide a consolidated report of all such activities to FCT annually in its FCT Stewardship Report. B. The County is responsible for ensuring compliance with the FCT Restrictive Covenants and the Management Plan for the Preserves. FCT's acknowledgement and consent to this Agreement shall not be construed as making FCT a party to this Agreement, nor shall it have the effect of modifying the FCT Restrictive Covenants or Management Plan. 7. INDEMNIFICATION. To the extent of the insurance requirements set out in Paragraph 9, Boy Scouts agree to indemnify and save the County harmless from any and all claims, liability, losses and causes of action which may arise out of this Agreement or Boy Scouts' activities in the Preserves. Boy Scouts shall pay all claims and losses of any nature whatsoever in connection therewith, and shall defend all suits, at the County's request, in the name of the County when applicable and shall pay all costs and judgment which may issue thereon. The parties acknowledge and agree that but for this indemnification provision, the County would not have entered into this Agreement. Boy Scouts further acknowledge receipt of $10.00 and other good and valuable consideration provided by the County in support of this indemnification. This indemnification shall survive termination of the Agreement but only for those claims arising prior to the termination of this Agreement. 8. LIABILITY FOR DAMAGE OR INJURY. The County shall not be liable for any damage or injury which may be sustained by any party or persons at the Preserves, other than the damage or injury caused solely by the negligence of the County. 9. INSURANCE. Boy Scouts shall maintain Comprehensive General Liability Insurance, including Broad Form Property Damage and Personal Injury Liability coverages. Such policy shall name St. Lucie County and the Florida Communities Trust as additional insureds. Limits of liability coverage shall be not less than: Page 6 of 15 Packet Pg. 159 8.F.1.a Bodily Injury Liability $1,000,000 occurrence $2,000,000 aggregate Prior to the Effective Date, and with each renewal of the insurance policy, Boy Scouts shall furnish County the required Certificate of Insurance evidencing existence of the coverages required above with an insurer approved by the Insurance Commissioner for the State of Florida. The County shall provide a copy thereof to FCT. In the event a claim is filed against a party for operations that are covered by the provisions of this Agreement, the party agrees to notify the other party of the claim as soon as possible but not later than thirty (30) days after the party receives the claim, consideration being given to the form of the claim and the time limits within which answer must be served. 10. TERMINATION. Either party may terminate this agreement, for convenience and without cause, upon delivery of thirty (30) days advance written notice to the other party and this Agreement shall automatically terminate at midnight E.S.T. on the thirtieth day following delivery of such notice. 11. NON-DISCRIMINATION. A. Boy Scouts do hereby covenant and agree that: (1) No person on the grounds of race, color, national origin, or sex shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said Preserves. (2) That in the construction of any pre -approved improvements on, over, or under the Preserves and the furnishing of services thereon, no person on the grounds of race, color, national origin, or sex shall be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination. (3) Boy Scouts shall use the Preserves in compliance with all other requirements imposed by or pursuant to Title 45, Code of Federal Regulations, Article 80, Non- discrimination under programs receiving Federal Assistance through the Department of Health, Education and Welfare - Effectuation of Title IV of the Civil Rights Act of 1964, and as said Regulations may be amended. B. Boy Scouts shall not discriminate against any employees or applicant for employment in the performance of any contract with respect to hiring, tenure, terms, Page 7 of 15 Packet Pg. 160 8.F.1.a conditions, or privileges of employment, or any other matter directly or indirectly related to employment because of age, sex, or physical handicap (except where based on a bona fide occupational qualification); or because of marital status, race, color, religion, national origin, or ancestry. C. That in the event of breach of any of the above non-discrimination covenants, the County shall have the right to terminate the Agreement and to re-enter and repossess said Preserves thereon and hold the same. This provision shall not be effective until the procedures of Title 45, Code of Federal Regulations, Part 80, are followed and completed including exercise or expiration of appeal rights. 12. CONFLICT OF INTEREST. Boy Scouts hereby represent and warrant that neither it nor any of its directors, officers, members, partners or employees has any interest nor shall they acquire any interest, directly or indirectly, which would or may conflict in any manner or degree with the performance or rendering of the services herein provided. Boy Scouts further represents and warrants that in the performance of this Agreement, no person having such interest or possible interest shall be employed by it. No elected official or other officer or employee of the County nor any person whose salary is payable, in whole or part, from County Treasury, shall participate in any decision relating to this Agreement which affects his/her personal financial interest or the financial interest of any corporations, partnership or association in which he/she is, directly or indirectly, interested nor shall any such person have any financial interest, direct or indirect, in this Agreement or in the proceeds thereof. li19 11v*lrci01MA14010 No party may assign its rights or obligations under this Agreement. 14. PUBLIC RECORDS. The Boy Scouts shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Boy Scouts in conjunction with this Agreement. Specifically, the Boy Scouts shall: A. Allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Boy Scouts in conjunction with this Agreement. Page 8 of 15 Packet Pg. 161 8.F.1.a B. Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. C. Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in state law or as otherwise provided by law. D. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. E. Meet all requirements for retaining public records and transfer, at no cost, to the County and/or FCT all public records in possession of the Boy Scouts upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology system of the County. 15. ENTIRE AGREEMENT. This Agreement and Exhibit "A" attached hereto represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes all other negotiations, understandings and representation (if any) made by and between such parties. 16. AMENDMENTS. The provisions of this Agreement may not be amended, supplemented, waived or changed orally, but only in writing making specific reference to this Agreement, signed by both parties and consented to by FCT in writing. 17. FURTHER ASSURANCES. The parties hereby agree from time to time to execute and deliver such further and other documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the terms of this Agreement, with copy to FCT. Page 9 of 15 Packet Pg. 162 8.F.1.a 18. BINDING EFFECT. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal successors. 19. NOTICES. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, facsimile, email, or mailed by certified mail (postage prepaid), return receipt requested, addressed to: /e��C�I�i1�1►��'� St. Lucie County Administrator Administration Annex Building 2300 Virginia Avenue Fort Pierce, Florida 34982 AS TO BOY SCOUTS: Gulf Stream Council of Boy Scouts of America, Inc. 8335 N Military Trail Palm Beach Gardens, FL 33410 With a copy to: St. Lucie County Attorney Administration Annex Building 2300 Virginia Avenue Fort Pierce, Florida 34982 and a copy to: Florida Communities Trust 3900 Commonwealth Blvd. M.S. 103 Tallahassee, FL 32399 or to such other address as any party may designate by notice complying with the terms of this Paragraph. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date read receipt is acknowledged if via email, (c) on the date of transmission is confirmed with answer back if by facsimile, and (d) if by mail, on the date the return receipt is signed or delivery is refused, or the notice is designated by the postal authorities as not deliverable, as the case may be. Whenever any party hereto is required to request the approval to any matter contained herein, the receiving party shall endeavor to review and provide a response thereto within sixty (60) days from receipt of such written request. Page 10 of 15 Packet Pg. 163 8.F.1.a 20. HEADINGS. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 21. PRONOUNS. In this Agreement, the use of any gender shall be deemed to include all genders, and the use of the singular shall include the plural, wherever it appears appropriate from the context. 22. WAIVERS. The failure or delay of any party at any time to require strict performance by another party of any provision of this Agreement, even if such failure or delay is known, shall not constitute a waiver of the right to require performance of that provision or to exercise any right, power or remedy hereunder, and any waiver by any party of any breach by another party should not be construed as a waiver of such breach or any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. No notice to or demand on any party in any case shall, of itself, entitle such party to receive any other or further notice or demand in similar or other circumstances. 23. GOVERNING LAW; VENUE. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida without regard to principles of conflicts of laws. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the state court of the Nineteenth Judicial Circuit in and for St. Lucie County, Florida. Florida. 24. RECORDATION. No party shall record this Agreement in the public records of St. Lucie County, [The Remainder of this Page is Intentionally Blank.] Page 11 of 15 Packet Pg. 164 8.F.1.a IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: [ Ya STATE OF _ COUNTY OF County Attorney The foregoing was acknowledged before me this day of , 2015, by , as CHAIRMAN of the Board of County Commissioners, St. Lucie County, a political subdivision of the State of Florida, on behalf of the Board. He/she is personally known to me. Notary Public, State of Florida Serial #: My Commission Expires: (NOTARY SEAL) Page 12 of 15 Packet Pg. 165 8.F.1.a GULF STREAM COUNCIL OF BOY SCOUTS OF AMERICA INC., a Florida nonprofit Corporation By: Print Name: Karen Donnelly As: President (CORPORATE SEAL) STATE OF _ COUNTY OF The foregoing was acknowledged before me this day of , 2015, by Karen Donnelly, as President of GULF STREAM COUNIL OF BOYSCOUTS OF AMERICA, INC., a Florida nonprofit corporation, on behalf of the corporation. She is personally known to me or produced as identification. Notary Public, State of Florida Serial #: My Commission Expires: (NOTARY SEAL) Page 13 of 15 Packet Pg. 166 8.F.1.a Reviewed and Approved by: FLORIDA COMMUNITIES TRUST By: Print Name: As: Date: Approved as to Form and Legality: By: FCT Counsel (St Lucie BoyScouts Facilities Use Agreement_ BFM Legal FINAL Update 4.8.2015) Page 14 of 15 Packet Pg. 167 8.F.1.a Exhibit "A" Schedule of Anticipated Uses Preserve FCT Project # DRC Book/Page Uses Troop(s) # of Participants Ancient Oaks 01-075-FF1 1655/1956 RM, GT 772 45 max Becker 08-057-FF8 3316/2019 RM, FU, CP, GT " Bluefield 98-071-138A 1157/1406 RM, CP, GT " Captain Hammonds Hammock 01-098-FF1 1657/2060 RM, GT " Citrus Hammock 02-071-FF2 1748/0981 RM, GT " D.J. Wilcox 02-091-FF2 1996/0077 RM, GT " George Lestrange 02-056-FF2 2211/0536 RM, GT " Harbor Branch 07-027-FF7 3178/2917 RM, GT " Indian Hills (Heathcote) 04-045-FF4 2955/0685 RM, GT " Indrio Savannahs 95-052-P56 06-060-FF6 0165/1214 RM, GT " Indrio Scrub 01-069-FF1 1744/1853 RM, GT " Lakewood Park 03-069-FF3 2010/1567 RM, GT " Ocean Bay 94-022-134A 0880/1098 RM, GT " Paleo Hammock (Fousek) 99-020-P9A 04-044-FF4 05-069-FF5 1408/1095 RM, GT " Petravice (Roberts) 11-054-FF11 3643/1140 RM, GT " Pinelands 96-017-P7A 1182/2080 RM, GT Sheraton Scrub 01-067-FF1 1684/1525 RM, GT " St. Lucie Village 01-082-FF1 1723/2287 RM, GT " Sweetwater/Jones Preserve 99-025-139A 1377/2321 RM, GT " Ten Mile Creek West 03-079-FF3 2456/0242 RM, GT " Walton Scrub 95-062-1356 1224/1172 RM, FU, GT " Wildcat Cove (Pepper Park Addition) 99-01-P9A 1337/2351 RM, GT " Legend of Approved Uses: RM: Resource Management FU: Facility Use (i.e. Meetings/Training) CP: Camping GT: Greenways/Trails & Blueways (Building, Blazing, Signage, Maintenance) Page 15 of 15 Packet Pg. 168 8.F.2 ITEM NO. RES-2015-60 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: 4113IX4is BACKGROUND: Amy Griffin, Environmental Resources Manager Environmental Resources DATE: 04/21/2015 *CONSENT AGENDA\ENVIRONMENTAL RESOURCES Use of Proceeds from Environmental Resources Department Surplus Equipment Sale for Becker House Improvements The "Becker House" is an existing structure located on the Becker Preserve, which consists of 13.44 acres. Grant funding from Florida Communities Trust (FCT) was used along with the Greenways and Trails program to acquire the preserve. As required by the FCT Grant Contract, improvements are to be made to the existing structure to prepare it for use as a nature center offering environmental programming and education. Staff is requesting to spend not more than $25,000 to make improvements necessary for the house to be suitable for intended use. PREVIOUS ACTION: May 13th, 2008 - BOCC authorized staff to submit a Grant Application for the Becker Preserve Project. November 23, 2010 - BOCC approved the Grant Contract and Confidentiality Agreement with FCT for the purchase of the Becker project. April 5, 2011 - BOCC approved the Option Agreement for Sale and Purchase of the Becker Preserve parcels. FINANCIAL IMPACT: $22,850.00 in funds are currently available for use in the Environmental Resources Department (ERD) budget as a result of the sale of older ERD equipment sold at auction. Funds are located in account strings 001-3920-364100-300 Sale of Fixed Assets in the amount of $20,475.00, and account string 001-3920- 364490-300 Other Surplus Sales in the amount of $2,345. Funds would be spent from 001-3920-534000- 300 Contracted Services and 001-3920-546100-300 Building Maintenance. RECOMMENDATION: Staff recommends the Board of County Commissioners authorize the Chair to sign this Budget Resolution enabling funds from the sale of surplus equipment to be used for improvements to the "Becker House" located at the Becker Preserve, 3398 Selvitz Road, Fort Pierce, FL. Packet Pg. 169 8.F.2 COMMISSION ACTION: Coordination/Signatures 4anJeYS.orney4/13/2015 Ha and Tipton, Count Administrato 4/15/2015 Updated: 4/13/2015 3:05 PM by Bob Bentkofsky A Page 2 Packet Pg. 170 RESOLUTION 8.F.2.a WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of proceeds from auction sales of equipment removed from the Environmental Resources Department's inventory, in the amount of $22,850. The proceeds from the auction sales will be used for maintenance and improvements to the Becker House, which is located on the Becker Preserve. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 21 st day of April, 2015, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2014-2015, and the County's budget is hereby amended as follows: REVENUE 001-3920-364100-300 001-3920-364490-300 APPROPRIATIONS 001-3920-534000-300 001-3920-546100-300 Sale of Fixed Assets Other Surplus Sales Other Contractual Services Building Maintenance After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair Commissioner Kim Johnson, Vice Chair Commissioner Chris Dzadovsky Commissioner Frannie Hutchinson Commissioner Tod Mowery PASSED AND DULY ADOPTED THIS 21ST DAY OF APRIL 2015. $20,475 2 375 TOTAL $22,850 $15, 500 7 350 TOTAL $22,850 XXX XXX XXX XXX XXX ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 171 ITEM NO. (ID # 2772) DATE: 04/21/2015 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Lauri Heistermann, Executive Assistant SUBMITTED BY: Mosquito Control & Coastal Management Services *CONSENT AGENDA\MOSQUITO CONTROL & COASTAL MGMT. SERVICES SUBJECT: Harbor Branch Marsh Restoration Project - Amendment No. 3 to Contract with Florida Fish & Wildlife Conservation Commission BACKGROUND: The purpose of the Harbor Branch Mangrove Marsh Restoration project is to complete the hydrological reconnection and restoration of Impoundment 14C, a 178-acre mosquito impoundment located within the Harbor Branch Preserve project area. The Florida Fish & Wildlife Conservation Commission (FFWCC) awarded St. Lucie County a $999,403 grant for marsh habitat restoration at Harbor Branch, Impoundment 14C. The FFWCC contract (#13295) is funded through a Florida Coastal Zone Management Program grant administered by the Florida Department of Environmental Protection (FDEP) and funded by the U.S. Fish & Wildlife Service (USFWS). The Florida Fish and Wildlife Conservation Commission has submitted Amendment No. 3 to Contract 12395 to amend the scope of work to specify suction dredging of the perimeter ditch and installation of geotube and amending the invoicing, deliverables and payment requirements. PREVIOUS ACTION: December 16, 2014 - Board acceptance of the $999,403 grant (Contract #12395) from the Florida Fish and Wildlife Conservation Commission and the corresponding budget resolution. April 15, 2014 - Board approved Amendment No. 1 to address project delays and financial reporting criteria from Florida Fish & Wildlife Conservation Commission. June 20, 2014 - County Administration approved Amendment No. 2 to adjust the schedule and deliverable dates back, due to project delays. FINANCIAL IMPACT: N/A RECOMMENDATION: Packet Pg. 172 Staff recommends Board approval of the Third Amendment to Florida Fish and Wildlife Conservation Commission Contract 12395 for the Harbor Branch Marsh Restoration project and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures U-t- Aand51, r'y Isui roughs, Mosquito Cl Mgt. 5*g1A22116 anie s. McIntyre, C my ttorney 4/6/2015 Ho and Tipton, Count Administrate 4/13/2015 Updated: 4/8/2015 10:55 AM by Bob Bentkofsky B Page 2 Packet Pg. 173 8.H.a FWC Contract No. 12395 U U STATE OF FLORIDA U- FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION - 2 AMENDMENT NO.3 TO CONTRACT 12395 This Amendment to Contract No. 12395 , referred to as the Original Contract, is entered into by and between the FLORMA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "FWC," and Board of County Commissioners- St, Lucie County, 59-6000835, whose address is 2300 Virginia Avenue, Ft. Pierce, Florida, 34982, hereinafter "Contractor", collectively, "Parties". In consideration of tine mutual benefits set forth herein and in the Original Contract, the parties agree to amend the Original Contract, as follows, which amendments shall govern to the exclusion orally provision of the Original Contract to the contrary: AMENDMENT Attachment A- Scope of Work, the table in the Section titled Budget, Deliverables 1.1 and 1.2 are hereby amended to read as follows: 1.1 The perimeter ditch will be suction dredged to a depth of approximately -3.5ft NAVD and a width of 10 ft. 1.2 A minimum of 2,200 linear feet of geottibes will be placed and filled with a minimum of 1 cubic yard of sediments per one linear foot of geotube. AMENDMENT Attachment A- Scope of Work, Section Invoicing and „Deliverables of the Original Contract, is hereby amended to read as follows: Invoicing and Deliverables (in Attachment A- Scope of Work) The BOCC-SLC will submit invoices upon completion of each phase. When the COMMISSION's Project Manager has signed off on each deliverable associated with each phase, tine COMMISSION will pay BOCC-SLC tip to $200,000 for each phase completed for Phases I,11, and III. At the completion of Phase 4 and the completion of the project, BOCC-SLC will invoice the COMMISSION and receive payment for all work completed on Phase 4 and all costs for Phases I, II, III greater than $200,000 for each phase. Total project payments for all phases (Phases 1, II, III, IV) shall not exceed $999,403. A minimum of two invoices will be submitted for the project. Invoices shall be submitted no more frequently than quarterly and all invoices will be submitted prior to January 1, 2016. AMENDMENT Section 6. PAYMENTS, of the Original Contract, is hereby amended to read as follows: 6. PAYMENTS The COMMISSION shall pay the BOCC-SLC for satisfactory performance upon submission of invoices, accompanied by required reports or deliverables, and after acceptance of services and deliverables in writing by the COMMISSION'S Project Manager, The COMMISSION'S Project Manager will inspect Page 1 of 3 Versions 1, Revised 8/20/2013 Packet Pg. 174 8.H.a FWC Contract No. 12395 U specified phases of the project within 2 weeks of invoice submission. Sigh -off of each of these phases shall U be necessary prior to payment. When the COMMISSION's Project Manager has signed off on each U- deliverable associated with each phase, the COMMISSION will pay BOCC-SLC tip to $200,000 for each c phase completed for Phases I, H, and III. At the completion of Phase 4 and the completion of the project, M BOCC-SLC will invoice the COMMISSION and receive payment for all work completed on Phase 4 and o all costs for Phases 1, II, and III greater than $200,000 for each phase. Total project payments for all phases Z (Phases I, II, III, IV) shall not exceed $999,403. A minimum of two invoices will be submitted for the project. Invoices shall be submitted no more frequently than quarterly and all invoices will be submitted E prior to January 1, 2016. See Attachment C for further invoice requirements. c Each invoice shall include: • Invoice date • Contract number on invoice • Invoice number • Bill to name and address • Dates of service(s), beginning date to ending date • Specific tasks completed with cost details regarding dredged sediment volume, culverts installed and length/area of impoundment dyke restored • Description of itent(s) • Vendor name • Vendor's remit address • Vendor's FED number • Expenditures of the BOCC-SLC involved with the relevant phase of the project • Documentation of all BOCC-SLC non -Federal in -kind expeiiditru•es for the project if they are incurred • All the pages of the invoice An original and two (2) copies of the invoice shall be submitted. The COMMISSION shall not provide advance payment. All bills for amounts due tinder this CONTRACT shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. a. A final invoice shall be submitted to the COMMISSION no later than 30 days following the completion date of the CONTRACT or not later than January 1, 2016 to assure the availability of firnds for payment. b. No travel expenses are authorized under the terms of this CONTRACT. c. For contracts whose terns extends beyond the State fiscal year in which encumbered funds were appropriated, the State of Florida's performance and obligation to pay is contingent upon air annual appropriation by the Legislature. d. Consequences for nonperformance. If the Contractor materially fails to comply with the terms and conditions of this Agreement, including any federal or state statutes, rules, or regulations applicable to this Agreement, the Commission may take one or more of the following actions, as appropriate for the circumstances: • Temporarily withhold cash payments pending correction of the deficiency by the Grantee. • Disallow (that is, deny both use of firnds and any applicable thatching credit for) all or part of the cost of the activity or action not in compliance. Page 2 of 3 Version 1, Revised 8/20/2013 Packet Pg. 175 8.H.a FWC Contract No. 12395 U • Wholly or partly suspend or terminate this Agreement. e_ • Take other remedies that may be legally available. - 0 • Notwithstanding the above, COMMISSION shall pay GRANTEE for all expenses, "' including but not limited to non -cancellable obligations, up to the date of termination. z All provisions of the ORIGINAL CONTRACT not specifically amended herein shall remain in frill force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Contract to be executed through their duly authorized signatories on the day and year last written below. BOARD OF COUNTY COMMISSIONERS FLORIDA FISH AND WILDLIFE ST. LUCIE COUNTY CONSERVATION COMMISSION Name: Name: Title: Title: Date: Date: Approved as to form and legality by FWC Attorney Name: t Date: Page 3 of 3 Version 1, Revised 8/20/2013 Packet Pg. 176 8.1.1 ITEM NO. (ID # 2798) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Desiree Cimino, Purchasing Manager Purchasing Division Removal of Fixed Assets from Inventory DATE: 04/21/2015 *CONSENT AGENDA\OFFICE OF MANAGEMENT & BUDGET Per Section 22.3 of the Purchasing Policy Manual, staff is requesting authorization to remove the fixed assets, as listed on the attached, from the inventories of St. Lucie County Board of County Commissioners, St. Lucie County Clerk of Court, Court Administration, St. Lucie County Property Appraiser and St. Lucie County Supervisor of Elections. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board authorization to remove fixed assets as reflected on the attached property inventory lists from the Capital Asset inventories of St. Lucie County Board of County Commissioners, St. Lucie County Clerk of Court, Court Administration, St. Lucie County Property Appraiser and St. Lucie County Supervisor of Elections. COMMISSION ACTION: Packet Pg. 177 8.1.1 Coordination/Signatures e ey epbur e o YaWgement & Budget Dire/2015 Danie 5. McIntyre, C my ttorney 4/8/2015 Ho and Tipton, Count Administrate 4/13/2015 Updated: 4/13/2015 8:18 AM by Bob Bentkofsky Page 2 Packet Pg. 178 8.1.1.a ASSETS TYPE 102107 Information Technology Printer 204009 Mosquito Control Rotary Cutters 204130 " Zero Turn Mower 404041 Road & Bridge Grader 404123 Parks & Special Facilities Projector 405804 Library Computer 406257 Mosquito Control Mower 406342 Road & Bridge Printer 406421 Dual Airless Striper 406590 & A Grader 407121 Facilities Pressure Washer 407143 " Printer 407155 Building & Code Printer 407259 Road & Bridge Bus Interface Tester 407340 Utilities Computer 407497 Library Printer 407785 Road & Bridge Street Sweeper 407924 Parks & Special Facilities Arcade Game 407984 Administration Laptop 408421 Agriculture Mower 408589 Road & Bridge Excavator 408637 Guardian ad Litem Printer 409238 Road & Bridge Speed Display Sign 409575 Parks & Special Facilities Warming Oven 409911 Parks & Special Facilities Video Game Terminal 409988G Golf Course Plastic Card Reader 500835 Solid Waste Dump Truck 500858 it Dozer 500861 it Litter Picker Attachment 600274 Information Technology Computer 700333 & A Utilities Mobile Radio & Charger 700335 & A It Mobile Radio & Charger 700336 & A if Mobile Radio & Charger 700337 & A it Mobile Radio & Charger 700338 & A it Mobile Radio & Charger 800220 Golf Course Mower BD0011 Road & Bridge Software BD0028 it Software BD0033 Library Software BD0044 Golf Course Software BD0046 " Software BD0064 Road & Bridge Software BD0067 Software BD0103 Software Packet Pg. 179 8.1.1.a LL w as ti N r Q Packet Pg. 180 8.1.1.b LL r Q Packet Pg. 181 8.1.1.c LL O O ti N LS9 r r N O N R O E d L Q U c a� E t Q Packet Pg. 182 8.1.1.d I a_ 00 N LO r r N Iq O N m > O E d L Q a. r E c.i Q Packet Pg. 183 8.1.1.e 410150 Watchguard Firewall 409134 Watchguard Firewall BDO043 Software BDO056 Software BDO057 Software BDO058 Software BDO063 Software BDO075 Software BDO090 Software BD0114 " Software BD0115 " Software SOE001 " Software SOE003 " Software SOE005 of Software I O r c a� c r (D Q a� x ii 00 m F- N LO r r N O N R O E d L W ,O,^ vJ C a) I_ c.i r a Packet Pg. 184 8.1.2 ITEM NO. (ID # 2814) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Desiree Cimino, Purchasing Manager Purchasing Division DATE 04/21/2015 *CONSENT AGENDA\OFFICE OF MANAGEMENT & BUDGET Request for Qualifications (RFQ) No. 15-003 - Approval of Short -Listed Firms for Airport Engineering Services On January 14, 2015, responses to RFQ No. 15-003, Airport Engineering Services - Continuing Contracts, were opened. Ten proposals were received; 599 companies were notified and 67 RFQ documents were distributed. The purpose of this RFQ is to establish multiple continuing contracts with engineering firms with aviation expertise to perform professional services for the St. Lucie County International Airport (Airport). The selected firms shall be expected to perform airport related consulting services including planning, permitting, design, and/or project management services for various construction and renovation projects as needed by the Airport during the contract period, and must have the capacity to handle multiple projects concurrently. On April 2, 2015, the selection committee evaluated and ranked the proposals that were received. The committee members' scores and ranking for each firm are provided in Attachment A. The short-listed firms in order of ranking are as follows: 1. Atkins North America, Inc - Orlando, Florida 2. AECOM Technical Services, Inc - Tampa, Florida 3. C&S Engineers, Inc - Orlando, Florida 4. AVCON, Inc - Orlando, Florida PREVIOUS ACTION: N/A FINANCIAL IMPACT: Funding is available from 140-4210-531000-400 on an as needed basis Packet Pg. 185 8.1.2 RECOMMENDATION: Staff recommends Board approval of the short-listed firms for Airport Engineering Services - Continuing Contract and permission to: Conduct contract negotiations with the successful short-listed firms; If negotiations are successful, award contract to the successful short-listed firms and authorization for the Chair to sign the documents as prepared by the County Attorney; Cancel the current continuing contracts C07-04-251 AECOM Technical Services, C07-04-213 Michael Baker Inc. and C07-04-267 Adkins North America. COMMISSION ACTION: Coordination/Signatures i4 1�1 I �1 A �� 0 fi� � I n 91 / e ey epburWfrovl Va)ydgement & Budget Dire9tt/2015 PIZ 1 Danie 5. McIntyre, C my ttorney 4/9/2015 H and Tipton, Count Administrate 4/13/2015 Updated: 4/14/2015 11:37 AM by Kelly Phelan Page 2 Packet Pg. 186 Attachment A 8.1.2.a Firm Past Performance References Qualifications Total Score Rankin Total possible points per committee member 55 45 100 Total possible points for four members 220 180 400 Atkins North America 205 162 367 1 AECOM Technical Services 196 159 355 2 C&S Engineers, Inc 183 153 336 3 "CON, Inc 183 150 333 4 EL Michael Baker International 169 153 322 5 TKDA 173 144 317 6 Kimle -Horn & Associates 163 153 316 7 Hoyle, Tanner & Associates 165 145 310 8 MBV Engineering 150 125 275 9 Dredging & Marine Consultants 125 113 238 10 a� U m CO a� �L d m C c w 0 Q. L_ Q M O O LO T O z CJ w N C 0 M U CJ L 0 N 7 ty 0 w O N C Y C C N d L 0 U Cn E (i Q CO) O O LO T E t 0 2 Q Packet Pg. 187 8.1.2.b BOARD OF COUNTY COUNTY COMMISSIONERS F L r Tabulation Sheet RFQ No. 15-003 Airport Engineering Services PURCHASING DEPARTMENT AECOM Technical Services, Inc. Contact: Bunti Patel Phone: 813-630-2500 Fax: 813-621-2300 Address: One Metro Center, 4010 Boy Scout Blvd., Suite 300, Tampa FL 33607 Atkins North America Inc. Contact: Craig Sucich Phone: 407-647-7275 Fax: 407-806-4500 Address: 482 South Keller Road, Orlando, FL 32810 "CON Inc. Contact: Robert Hambrecht Phone: 407-599-1122 Fax: 407-599-1133 Address: 5555 E Michigan St., Suite 200, Orlando, FL 32822 C&S Engineers, Inc. Contact: Brian W. Clark Phone: 407-422-1118 Fax: 407-841-9149 Address: 605 E. Robinson St., Suite 210, Orlando, FL 32801 Dredging & Marine Consultants LLC Contact: Shailesh K. Patel Phone: 772-678-1523 Fax: 772-801-5561 Address: 201 S 2nd. Street, Ft. Pierce, FL 34950 Hoyle, Tanner & Associates Inc. Contact: Douglas N. Norman Phone: 407-380-1919 Fax: 407-380-1830 Address: 95 E. Mitchell Hammock Road, Suite 200, Oviedo, FL 32765 Kimle -Horn and Associates Inc. Contact: Thomas F. O'Donnell Phone: 561-845-0665 Fax: 561-863-8175 Address: 1920 Wekiva Way, Suite 200, West Palm Beach, FL 33411 MBV Engineering, Inc. Contact: Aaron J. Bowles Phone: 772-468-9055 Fax: 772-778-3617 Address: 806 Delaware Ave., Ft. Pierce, FL 34950 Michael Baker International Co. Contact: Irvin Lee Phone: 813-889-3892 Fax: 813-889-3893 Address: 5020 West Linebau h Ave., Suite 240, Tampa, FL 33624 TKDA Contact: Tricia M. Fantinato Phone: 813-480-9900 Fax: n/a Address: P.O. Box 270158, Tampa FL 33688 NUMBER OF COMPANIES NOTIFIED*: 599 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 67 NUMBER OF BIDS RECEIVED: 10 * - Per demandstar.com Packet Pg. 188 8.J.1 ITEM NO. (ID # 2786) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: DATE: 04/21/2015 Mark DiMascio, Parks & Special Facilities Manager Parks & Special Facilities Division *CONSENT AGENDA\PARKS, RECREATION & FACILITIES Lincoln Park Regional Park Pavilion - Purchase and Installation In the FY15 budget, the Board approved $205,712.00 in MSTU funding for the Parks and Recreation Department to make improvements to the Lincoln Park Regional Park. One of the proposed improvements is to install two new pavilions. The total cost for the pavilions, including freight and installation, is $62,301.00 (see attached quote). Staff is requesting approval to piggyback Clay County's contract with Rep Services, Inc. to purchase and install two (2) pavilions at Lincoln Park Regional Park. In lieu of informal or formal quotations, or issuance of an Invitation to Bid, the County may piggyback off of contracts of other governments and agencies to procure goods and services per section 5.5 of the Purchasing Manual. PREVIOUS ACTION: N/A FINANCIAL IMPACT: There are sufficient funds budgeted in the Parks MSTU Fund account string # 129-7215-563000-137604 (Infrastructure). 0:10I►ALTA Igo 107e19[slop Staff recommends Board authorization to piggyback Clay County's contract with Rep Services, Inc. to purchase and install two new pavilions at Lincoln Park Regional Park at a cost of $62,301.00, as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 189 8.J.1 Coordination/Signatures ��Ilt/Jt77 Edward Matthews, Par , Recreatio Facilities Direct3*31/2015 Danie 5. McIntyre, C my ttorney 4/13/2015 Ho ,CountAdministrato 4/15/2015 Updated: 4/15/2015 10:49 AM by Bob Bentkofsky A Page 2 Packet Pg. 190 OM REP SERVICES, INC. III Please make POs and contracts out to �� Experts at Play F� Outdoor Spaces Rep Services, Inc. 581 Technology Park, STE 1009 Lake Mary, FL 32746--7127 Proposed St. Lucie County Ship St. Lucie County To: Parks & Recreation To: Parks & Recreation 3020 Will Fee Road 3020 Will Fee Road Fort Pierce, FL 34982 Fort Pierce, FL 34982 Please mail checks to: Rep Services, Inc. 581 Technology Park, STE 1009 Lake Mary, FL 32746--7127 Bill St. Lucie County To: Parks & Recreation 3020 Will Fee Road Fort Pierce, FL 34982 8.J.1.a Attn: Mark DiMascio I Attn: Mark DiMascio I Attn: Mark DiMascio Project No: 10781 Project Name: SLC-Lincoln Park Regional Park Project Contact: Mark DiMascio Proposal No: 10781.01 Proposal Name: SLC-Lincoln Park Regional Park - Project Location: Avenue M and 13th St. Proposal Expires: 4/5/2015 Fort Pierce, FL 34950 Proposal Date: 3/6/2015 C 0 For Questions Contact: Lori Holton Ph # 407-712-6561 E-Mail: Iholton@repservices.com .5 Sales Consultant: Kevin Furman Ph # 561-333-4451 E-Mail: kfurman@repservices.com Option A Rev: 0 Input By: LH - 3/6/2015 d Vendor: PorterCorp Proj Drawings: 98350R0, 98351 R1 54581 Freight: Prepaid Ship Method: Best Way FOB: Destination d R Class Part No Qty Description Unit Wt Unit Price Ext Pric 0 Shelters 98350R-0 1 Porter/Poligon 0 9,390.00 9,390.0( � Shelter Model: SQR-16MR Y Primary Roof: Multi -Rib Metal Roof "R" Panel Secondary Roof: N/A a Eave Height (UPB): 7.5 = Upper Roof Slope: 6.0/12 0 Electrical Cutout: N/A = Electrical Access: N/A J Ornamentation: N/A to Lightning Protection: N/A Mounting: Must be specified for Engineering v Anchor Bolts Included: 2010 FBC Risk Category II = Engineering to comply with HVHZ: N/A O 98351R0 1 Porter/Poligon 0 23,860.00 23,860.0( Shelter Model: RAM-20 x 44 MR CL Primary Roof: Multi -Rib Metal Roof "R" Panel 0 Secondary Roof: N/A `~ m Eave Height (UPB): 7.5 0 Upper Roof Slope: 4.0/12 3 Electrical Cutout: N/A Cr Electrical Access: N/A y Ornamentation: N/A 2 Lightning Protection: N/A Mounting: Must be specified for Engineering y Anchor Bolts Included: CL 2010 FBC Risk Category II d Engineering to comply with HVHZ: N/A Total Product: 0 $33,250.01 is Discount per the Clay County Contract #13/14-8: 2.00% ($665.0( Discounted Product Total: $32,585.0( Other Charges: Sealed Eng Dwgs: $1,600.00: $1,600.0( Q Freight Charge: $4,646.0( PorterCorp Total: $38,831.0( Vendor: Rep Services Installer 54582 Part No Qty UOM Description Unit Price Ext Pric DUMPSTER 1 LT Dumpster 500.00 500.0( INS -CON FT 1 LT Install Concrete Footings for 16' shelter 750.00 750.0( INS -CON FT 1 LT Install Concrete Footings for 20' x 44' Shelter 1,250.00 1,250.0( Packet Pg. 191 Proposal No: 10781.01 Project Name: SLC-Lincoln Park Regional Park Proposal Date: 3/6/2015 Vendor: Rep Services Installer 5458251 Part No Qty UOM Description Unit Price Ext Pric INS -CON SLAB 1 LT Install 16' x 16' x 4" Concrete Slab 955.00 955.0( INS -CON SLAB 1 LT Install 20' x 44' x 4" Concrete Slab 3,300.00 3,300.0( INS-POR 1 LT Installation (1) 16' x 16' Square - Poligon Shelter by PorterCorp 3,602.50 3,602.5( INS-POR 1 LT Installation (1) 20' x 44' RAM - Poligon Shelter(s) by PorterCorp 11,950.00 11,950.0( PERMITTING 1 LT Labor charge to pull permit by State of Florida Licensed GC, including processing permit 600.00 600.0( documents to obtain permit from appropriate jurisdiction. DOES NOT INCLUDE PERMIT FEES. STORAGE 1 LT Storage of product pending installation 562.50 562.5( C O Rep Services Installer Total: $23,470.0( General Terms of Sale and Proposal Summary O a Y L Gov't: Net 30; Resellers: Check w/Order; Others: 50% down, Balance prior to ship Product: $34,185.00 to Note: Orders less than $5,000 require payment with order Installation: $23,470.00 a Freight: $4,646.00 6 c 0 Proposal Total: $62,301.00 '5) m IX Notes Y The Clay County Contract #13/14-8 provides a 2% discount on Porter/Poligon product. Installation is set at 53% of list price (Installation does not include site L d prep, slabs, footings or engineering). Basis of Proposal 75 0 Our proposal is based upon your email request dated 3/3/15 c J Estimated Project Completion Schedule to Your order will take approximately 17 weeks from receipt to completion of installation. This includes a 4 week allowance for municipal permitting which may take longer. v RSI will respond in a timely fashion after receipt of order/contract/letter of intent/notice to proceed. Scope of Proposal c O Please note the vendor requirements noted below. To be Provided by Customer, as Applicable: to ? • Permitting, if required. U. • Site Plan or Survey .O y • Soils testing 1 • Tree Survey 3 Cr Poligon by PorterCorp: d Please provide Building Department permit application requirements including Risk Category. V The following certificates are available: d Miami -Dade County Certificate of Competency No. 14-0904.03 Q PCI (Powder Coating Institute) 4000 Certified � The mounting option must be specified prior to the engineering being ordered. d Four sets of signed and sealed drawings and talc books for building permitting will be provided approximately four weeks after receipt of Order. E If you require additional sets of drawings and talc books, they are $150 per set. t� O When placing an order, please select standard roofing and frame color selections as shown here: http://www.poligon.com/colors.htm. Non -Standard colors Q and finishes are available at an additional charge. Factory Fabrication will begin AFTER our receipt of a copy of the Building Permit or a signed letter of release for fabrication by the end owner or their agent DuMor Site Furnishings: Color Selection: When placing an order, choose colors from page 5 of the DuMor Catalog or on their web site: http://www.dumor.com/resources/options Support Option: Site conditions may dictate supports, affecting price. The link above shows various support options which must be specified with order. WRITTEN COLOR SELECTION AND SUPPORT OPTION (DIRECT BURY, SURFACE MOUNT, OR OTHER) MUST BE SPECIFIED WITH ORDER. Installation: Unless otherwise noted, the following items are to be PROVIDED BY CUSTOMER prior to installation: • ALL Site work completed - excavation, removal and grading to proper level prior to installer arrival. • Site security to prevent theft or vandalism of equipment. • Water and 110 Electric. Packet Pg. 192 Proposal No: 10781.01 Project Name: SLC-Lincoln Park Regional Park Proposal Date: 3/6/2015 • Underground Utilities Located and Marked prior to installation. • Does not include soil density or concrete testing 8.J.1.a THIS PROPOSAL DOES NOT INCLUDE PERMIT FEES ASSESSED BY THE BUILDING DEPT. Those fees will result in additional charges. Installation Charges on this proposal are based on NO UNFORESEEN conditions in the area, above or below the surface. If unforeseen conditions arise, th installation charges will change to reflect additional costs associated with dealing with those circumstances. Examples of this include, but are not limited to: site not ready upon installer's arrival, underground utilities, or difficulties with footers due to coral rock or ground water in the holes. Orders are shipped within our manufacturer's standard lead times. Requests for delayed shipping may result in additional costs due to increases in freight, material costs or other factors. To secure the prices on this proposal, the offer must be accepted prior to the expiration date noted. The undersigned warrants that he/she is an authorized representative of the company noted and has the requisite authority to bind said company and/or principal. If any particular billing is not paid when due, all outstanding balances, regardless of prior terms, will become immediately due and owing upon demand. Interest on past due amounts will be assessed at 1 % % per month or the maximum interest rate permitted by applicable law, whichever is less. Should it become necessary for either party to this contract to institute legal action for enforcement of any provisions of this contract, the prevailing party shall be entitled to reimbursement for all court costs and reasonable attorney's fees incident to such legal action. The parties hereto agree that proper venue for any legal action in any way related to this contract shall be in Seminole County, FL. Accepted By: St. Lucie County Company Name Authorized By Printed Name Date As Its: (Title) Packet Pg. 193 8.J.2 ITEM NO. (ID # 2793) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: DATE AGENDA REQUEST Board of County Commissioners Mark DiMascio, Parks & Special Facilities Manager Parks & Special Facilities Division White City Park Pavilion - Purchase and Installation 04/21/2015 *CONSENT AGENDA\PARKS, RECREATION & FACILITIES Staff proposes to have a new 12' x 12' pavilion installed at White City Park to replace a pavilion that has been removed due to safety concerns. The total cost for the pavilion and site amenities, including freight and installation is $18,607.50 (Please see attached quote). Staff is requesting approval to piggyback Clay County's contract with Rep Services, Inc. to purchase and install the pavilion. In lieu of informal or formal quotations, or issuance of an Invitation to Bid, the County may piggyback off of contracts of other governments and agencies to procure goods and services per section 5.5 of the Purchasing Manual. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Funding is available in Parks and Special Facilities operating account # 001-7215-546300-700 RECOMMENDATION: Staff recommends Board authorization to piggyback Clay County's contract with Rep Services, Inc. and to purchase and install a new pavilion at White City Park at a cost of 18,607.50, as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 194 8.J.2 Coordination/Signatures Edward Matthews, Par , Recreatio Facilities Directol/6/2015 Danie 5. McIntyre, C my ttorney 4/8/2015 Ho ,CountAdministrato 4/13/2015 Updated: 4/13/2015 8:57 AM by Bob Bentkofsky Page 2 Packet Pg. 195 OM REP SERVICES, INC. s..1.2.a III Please make POs and contracts out to: Please mail checks to: �� Experts at Play F� Outdoor Spaces Rep Services, Inc. Rep Services, Inc. 581 Technology Park, STE 1009 581 Technology Park, STE 1009 Lake Mary, FL 32746--7127 Lake Mary, FL 32746--7127 Proposed St. Lucie County Ship St. Lucie County Bill St. Lucie County To: Parks & Recreation To: Parks & Recreation To: Parks & Recreation 3020 Will Fee Road 3020 Will Fee Road 3020 Will Fee Road Fort Pierce, FL 34982 Fort Pierce, FL 34982 Fort Pierce, FL 34982 Attn: Mark DiMascio Attn: Mark DiMascio Attn: Mark DiMascio Project No: 10855 Project Name: SLC-White City Park Pavilion Project Contact: Mark DiMascio Proposal No: 10855.01 Proposal Name: SLC-White City Park Pavilion Project Location: 2081 West Midway Road Proposal Expires: 4/26/2015 Fort Pierce, FL 34981 Proposal Date: 3/27/2015 For Questions Contact: Lori Holton Ph # 407-712-6561 E-Mail: Iholton@repservices.com Sales Consultant: Kevin Furman Ph # 561-333-4451 E-Mail: kfurman@repservices.com Option A Rev: 0 Input By: LH - 3/27/2015 Vendor: PorterCorp Proj Drawings: 98852RO 54612 Freight: Prepaid Ship Method: Best Way FOB: Destination c O Class Part No Qty Description Unit Wt Unit Price Ext Pric a Shelters 98852RO 1 Porter/Poligon 0 6,390.00 6,390.0( Shelter Model: SSH-12x12MR a Primary Roof: Multi -Rib Metal Roof "R" Panel Secondary Roof: N/A Eave Height (UPB): 7.5 y Upper Roof Slope: 6.0/12 Electrical Cutout: N/A t Electrical Access: N/A Finishes/Colors ch Frame Finish: Poli-500 Colors: TBD r— Roof Colors: TBD Ornamentation: N/A y Lightning Protection: N/A p Mounting: Must be specified for Engineering Cl, Anchor Bolts Included: 2010 FBC Risk Category II O Engineering to comply with HVHZ: N/A IX Total Product: 0 $6,390.01 d 0 Discount per the Clay County Contract #13/14-8: 2.00% ($127.8( Lo LO Discounted Product Total: $6,262.2( c Other Charges: Sealed Eng Dwgs: $800.00: $800.0( Freight Charge: $2,588.0( PorterCorp Total: $9,650.2( E s Vendor: DuMor Proj Drawings: 54612 cu Freight: Prepaid Ship Method: Best Way FOB: Destination Q Class Part No Qty Description Unit Wt Unit Price Ext Pric Grills 21-00 1 GRILL FOR EMBEDMENT 86 295.00 295.0( Receptacles 41-22PL 1 22-GAL RECEPTACLE, RECYCLED PLASTIC WITH LINER 86 395.00 395.0( Tables 71-60PL 1 U PICNIC TABLE, RECYCLED PLASTIC 243 995.00 995.0( Total Product: 415 $1,685.01 Discount per the Clay County Contract #13/14-8: 2.00% ($33.7( Discounted Product Total: $1,651.1 Freight Charge: $226.0( DuMor Total: $1,877.3( Packet Pg. 196 Proposal No: 10855.01 Project Name: SLC-White City Park Pavilion Proposal Date: 3/27/2015 Vendor: Rep Services Installer 546123 Part No Qty UOM Description Unit Price Ext Pric DUMPSTER 1 LT Dumpster 450.00 450.0( INS -CON SLAB 1 LT Install 14' x 14' x 4" Concrete Slab 1,230.00 1,230.0( INS-DUM 1 LT Installation (1) Trash Can and (1) Picnic Table - Site Furnishings by DuMor 350.00 350.0( INS-POR 1 LT Installation 12x12 - Poligon Shelter(s) by PorterCorp. NO SUB ROOF 3,950.00 3,950.0( PERMITTING 1 LT Labor charge to pull permit by State of Florida Licensed GC, including processing permit 600.00 600.0( documents to obtain permit from appropriate jurisdiction. DOES NOT INCLUDE PERMIT FEES. STORAGE 1 LT Storage of product pending installation 500.00 500.0( Rep Services Installer Total: $7,080.0( General Terms of Sale and Proposal Summary Gov't: Net 30; Resellers: Check w/Order; Others: 50% down, Balance prior to ship Product: $8,713.50 Note: Orders less than $5,000 require payment with order Installation: $7,080.00 _ O Freight: $2,814.00 Proposal Total: $18,607.50 a Notes L The Clay County Contract #13/14-8 provides a 2% discount on DuMor product. Installation is calculated per discounted price at maximum of 40% (Installatioi does not include site prep, slabs, footings or engineering). U The Clay County Contract #13/14-8 provides a 2% discount on Porter/Poligon product. Installation is calculated per discounted price at maximum of 53%; (Installation does not include site prep, slabs, footings or engineering). Basis of Proposal Our proposal is based upon your email request. Estimated Project Completion Schedule Your order will take approximately 17 weeks from receipt to completion of installation. y This includes a 4 week allowance for municipal permitting which may take longer. RSI will respond in a timely fashion after receipt of order/contract/letter of intent/notice to proceed. Cy Scope of Proposal ' O Please note the vendor requirements noted below. To be Provided by Customer, as Applicable: d • Permitting, if required. -1L • Site Plan or Survey c • Soils testing LO • Tree Survey c DuMor Site Furnishings: Color Selection: When placing an order, choose colors from page 5 of the DuMor Catalog or on their web site: http://www.dumor.com/resources/options d Support Option: Site conditions may dictate supports, affecting price. The link above shows various support options which must be specified with order. E WRITTEN COLOR SELECTION AND SUPPORT OPTION (DIRECT BURY, SURFACE MOUNT, OR OTHER) MUST BE SPECIFIED WITH ORDER. v <a Poligon by PorterCorp: Q Please provide Building Department permit application requirements including Risk Category. The following certificates are available: Miami -Dade County Certificate of Competency No. 14-0904.03 PCI (Powder Coating Institute) 4000 Certified The mounting option must be specified prior to the engineering being ordered. Four sets of signed and sealed drawings and calc books for building permitting will be provided approximately four weeks after receipt of Order. If you require additional sets of drawings and calc books, they are $150 per set. When placing an order, please select standard roofing and frame color selections as shown here: http://www.poligon.com/colors.htm. Non -Standard colors and finishes are available at an additional charge. Factory Fabrication will begin AFTER our receipt of a copy of the Building Permit or a signed letter of release for fabrication by the end owner or their agen Installation: Unless otherwise noted, the following items are to be PROVIDED BY CUSTOMER prior to installation: • ALL Site work completed - excavation, removal and grading to proper level prior to installer arrival. • Site security to prevent theft or vandalism of equipment. Packet Pg. 197 Proposal No: 10855.01 Project Name: SLC-White City Park Pavilion Proposal Date: 3/27/2015 • Water and 110 Electric. • Underground Utilities Located and Marked prior to installation. • Does not include soil density or concrete testing THIS PROPOSAL DOES NOT INCLUDE PERMIT FEES ASSESSED BY THE BUILDING DEPT. Those fees will result in additional charges. Installation Charges on this proposal are based on NO UNFORESEEN conditions in the area, above or below the surface. If unforeseen conditions arise, th installation charges will change to reflect additional costs associated with dealing with those circumstances. Examples of this include, but are not limited to: site not ready upon installer's arrival, underground utilities, or difficulties with footers due to coral rock or ground water in the holes. Orders are shipped within our manufacturer's standard lead times. Requests for delayed shipping may result in additional costs due to increases in freight, material costs or other factors. To secure the prices on this proposal, the offer must be accepted prior to the expiration date noted. The undersigned warrants that he/she is an authorized representative of the company noted and has the requisite authority to bind said company and/or principal. If any particular billing is not paid when due, all outstanding balances, regardless of prior terms, will become immediately due and owing upon demand. Interest on past due amounts will be assessed at 1 % % per month or the maximum interest rate permitted by applicable law, whichever is less. Should it become necessary for either party to this contract to institute legal action for enforcement of any provisions of this contract, the prevailing party shall be entitled to reimbursement for all court costs and reasonable attorney's fees incident to such legal action. The parties hereto agree that proper venue for any legal action in any way related to this contract shall be in Seminole County, FL. Accepted By: St. Lucie County Company Name As Its Authorized By (Title) Printed Name Date Packet Pg. 198 8.J.3 ITEM NO. (ID # 2797) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: DATE: 04/21/2015 Mark DiMascio, Parks & Special Facilities Manager Parks & Special Facilities Division Pepper Park Pavilion - Purchase and Installation *CONSENT AGENDA\PARKS, RECREATION & FACILITIES On February 17, 2015 the Board accepted a $175,000 Grant from the Florida Department of Environmental Protection Land and Water Conservation Fund for the Pepper Park pier improvement project. One of the improvements associated with the project is to install a new picnic pavilion. The total cost for the pavilion, including freight and installation is $16,375.20 (Please see attached quote). Staff is requesting approval to piggyback Clay County's contract with Rep Services, Inc. to purchase and install the pavilion. In lieu of informal or formal quotations, or issuance of an Invitation to Bid, the County may piggyback off of contracts of other governments and agencies to procure goods and services per section 5.5 of the Purchasing Manual. PREVIOUS ACTION: On 2/17/2015, the Board approved Agenda # 2663, Land and Water Conservation Fund Grant Agreement for the Pepper Park project. FINANCIAL IMPACT: Funding is available in Parks and Special Facilities account # 129-7215-563000-157603. RECOMMENDATION: Staff recommends Board authorization to piggyback Clay County's contract with Rep Services, Inc. and to purchase and install a pavilion at Pepper Park at a cost of $16,375.20, as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. C��PI►�1��[�I►I_T�iL�I►F Packet Pg. 199 8.J.3 Coordination/Signatures Edward Matthews, Par , Recreatio Facilities Directol/9/2015 Danie 5. McIntyre, C my ttorney 4/13/2015 Ho ,CountAdministrato 4/15/2015 Updated: 4/13/2015 3:01 PM by Bob Bentkofsky Page 2 Packet Pg. 200 OM REP SERVICES, INC. III Please make POs and contracts out to: Please mail checks to: �� Experts at Play F� Outdoor Spaces Rep Services, Inc. Rep Services, Inc. 581 Technology Park, STE 1009 581 Technology Park, STE 1009 Lake Mary, FL 32746--7127 Lake Mary, FL 32746--7127 Proposed St. Lucie County Ship St. Lucie County Bill St. Lucie County To: Parks & Recreation To: Parks & Recreation To: Parks & Recreation 3020 Will Fee Road 3020 Will Fee Road 3020 Will Fee Road Fort Pierce, FL 34982 Fort Pierce, FL 34982 Fort Pierce, FL 34982 Attn: Mark DiMascio Attn: Mark DiMascio Attn: Mark DiMascio Project No: 10867 Project Name: Pepper Park Project Contact: Mark DiMascio Proposal No: 10867.01 Proposal Name: Pepper Park - Shelter Project Location: 3302 N State Road A1A Proposal Expires: 5/8/2015 Fort Pierce, FL 34949 Proposal Date: 4/8/2015 For Questions Contact: Lori Holton Ph # 407-712-6561 E-Mail: Iholton@repservices.com Sales Consultant: Kevin Furman Ph # 561-333-4451 E-Mail: kfurman@repservices.com Option A Rev: 0 Input By: LH - 4/8/2015 Vendor: PorterCorp Proj Drawings: 98960RO 54626 rO Freight: Prepaid Ship Method: Best Way FOB: Destination = Class Part No Qty Description Unit Wt Unit Price Ext Pric d Y Shelters 98960RO 1 Porter/Poligon 0 6,390.00 6,390.0( Shelter Model: SSH-12x12MR d L Primary Roof: Multi -Rib Metal Roof "R" Panel Secondary Roof: N/A Q Eave Height (UPB): 7.5 a Upper Roof Slope: 6.0/12 Electrical Cutout: N/A ti rn Electrical Access: N/A N Ornamentation: N/A Finishes/Color p Frame: Poli-5000 color: TBD w Roof Color: TBD a Lightning Protection: N/A c Mounting: Must be specified for Engineering Anchor Bolts Included: 00 2010 FBC Risk Category II Engineering to comply with HVHZ: N/A y Total Product: 0 $6,390.01 v Discount per the Clay County Contract #13/14-8: 2.00% ($127.8( Discounted Product Total: $6,262.2( cL Other Charges: Sealed Eng Dwgs: $800.00: $800.0( Freight Charge: $2,588.0( PorterCorp Total: $9,650.2( £ Vendor: Rep Services Installer 54626 v to Q Part No Qty UOM Description Unit Price Ext Pric DUMPSTER 1 LT Dumpster 450.00 450.0( INS -CON SLAB 1 LT Install 14' x 14' x 4" Concrete Slab 1,225.00 1,225.0( INS-POR 1 LT Installation 12' x 12' Shelter - Poligon Shelter by PorterCorp 3,950.00 3,950.0( PERMITTING 1 LT Labor charge to pull permit by State of Florida Licensed GC, including processing permit 600.00 600.0( documents to obtain permit from appropriate jurisdiction. DOES NOT INCLUDE PERMIT FEES. STORAGE 1 LT Storage of product pending installation 500.00 500.0( Rep Services Installer Total: $6,725.0( General Terms of Sale and Proposal Summary Gov't: Net 30; Resellers: Check w/Order; Others: 50% down, Balance prior to ship Product: $7,062.20 Note: Orders less than $5,000 require payment with order Installation: $6,725.00 Packet Pg. 201 Proposal No: 10867.01 Project Name: Pepper Park Proposal Date: 4/8/2015 Freight: $2,588.00 Proposal Total: $16,375.20 Notes The Clay County Contract #13/14-8 provides a 2% discount on Porter/Poligon product. Installation is calculated per discounted price at maximum of 53% (Installation does not include site prep, slabs, footings or engineering). Basis of Proposal Our proposal is based upon your email request. Estimated Project Completion Schedule Your order will take approximately 17 weeks from receipt to completion of installation. This includes a 4 week allowance for municipal permitting which may take longer. RSI will respond in a timely fashion after receipt of order/contract/letter of intent/notice to proceed. Scope of Proposal Please note the vendor requirements noted below. To be Provided by Customer, as Applicable: • Permitting, if required. • Site Plan or Survey • Soils testing • Tree Survey Poligon by PorterCorp: c O Please provide Building Department permit application requirements including Risk Category. The following certificates are available: m IL Miami -Dade County Certificate of Competency No. 14-0904.03 i PCI (Powder Coating Institute) 4000 Certified d The mounting option must be specified prior to the engineering being ordered. m Four sets of signed and sealed drawings and calc books for building permitting will be provided approximately four weeks after receipt of Order. aCLi If you require additional sets of drawings and calc books, they are $150 per set. d When placing an order, please select standard roofing and frame color selections as shown here: http://www.poli.gon.com/colors.htm. Non -Standard colors a) and finishes are available at an additional charge. N Fabric covered shade colors are shown here: http://www.poligon.com/poligonFabric/shadeFabric.html O w Factory Fabrication will begin AFTER our receipt of a copy of the Building Permit or a signed letter of release for fabrication by the end owner or their agent d 0 Installation: ti Unless otherwise noted, the following items are to be PROVIDED BY CUSTOMER prior to installation: 00 • ALL Site work completed - excavation, removal and grading to proper level prior to installer arrival. o • Site security to prevent theft or vandalism of equipment. y • Water and 110 Electric. v • Underground Utilities Located and Marked prior to installation. • Does not include soil density or concrete testing y fn THIS PROPOSAL DOES NOT INCLUDE PERMIT FEES ASSESSED BY THE BUILDING DEPT. Those fees will result in additional charges. C tY Installation Charges on this proposal are based on NO UNFORESEEN conditions in the area, above or below the surface. If unforeseen conditions arise, th .. installation charges will change to reflect additional costs associated with dealing with those circumstances. Examples of this include, but are not limited c to: site not ready upon installer's arrival, underground utilities, or difficulties with footers due to coral rock or ground water in the holes. O E t Orders are shipped within our manufacturer's standard lead times. Requests for delayed shipping may result in additional costs due to increases R in freight, material costs or other factors. To secure the prices on this proposal, the offer must be accepted prior to the expiration date noted. The undersigned warrants that he/she is an authorized representative of the company noted and has the requisite authority to bind said company and/or principal. If any particular billing is not paid when due, all outstanding balances, regardless of prior terms, will become immediately due and owing upon demand. Interest on past due amounts will be assessed at 1 '% % per month or the maximum interest rate permitted by applicable law, whichever is less Should it become necessary for either party to this contract to institute legal action for enforcement of any provisions of this contract, the prevailing party shall be entitled to reimbursement for all court costs and reasonable attorney's fees incident to such legal action. The parties hereto agree that proper venue for any legal action in any way related to this contract shall be in Seminole County, FL. Accepted By: St. Lucie County Company Name Authorized By Printed Name Date As Its (Title) El Packet Pg. 202 ITEM NO. (ID # 2739) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Tiffany Bennett, Public Safety Manager Public Safety Division DATE: 04/21/2015 *CONSENT AGENDA\PUBLIC SAFETY & COMMUNICATIONS National Weather Service Weather Radio Transmitter Memorandum of Understanding to Continue Hosting St. Lucie County Public Safety & Communications Department has been hosting the National Weather Service (NWS) 300 watt weather radio transmitter at Rock Road for approximately twenty years. This includes providing tower space, tower building room and electricity. In 2013, the transmitter was failing and the NWS replaced it in 2014. The transmitter is critical to the safety of St. Lucie County citizens as it triggers NOAA weather radios. It is a primary system to notify our residents of an emergency at the nuclear power plant as well as other emergencies. The Memorandum of Understanding is for twenty years from January 5, 2015 to January 4, 2035, to continue hosting the National Weather Service (NWS) weather radio transmitter. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval of the Memorandum of Understanding concerning hosting the National Weather Service (NWS) 300 watt weather radio transmitter at Rock Road and authorization for the Chair to sign as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 203 Coordination/Signatures Ja T. outhard, Public Safe y & Communications Diredfd6/2015 Danie 5. McIntyre, C my ttorney 3/16/2015 Ho ,CountAdministrato 4/9/2015 Updated: 4/10/2015 1:25 PM by Kelly Phelan A Page 2 Packet Pg. 204 8.L.a _ U.S. GOVERNMENT LICENSE FOR REAL PROPERTY ty Vo cs s+ DATE OF LICENSE: 11 LICENSE NO: 15EKWO053C THIS LICENSE under the authority of Department of Commerce Appropriations Act, 2015, Pub. L. No. 113-235 §110, is made and entered into this date by and between County of St. Lucie whose address is: 4700 West Midway Road, Fort Pierce, Florida 34981-4825 hereinafter called the LICENSOR or the COUNTY, and the UNITED STATES OF AMERICA, hereinafter called the GOVERNMENT or LICENSEE: WITNESSETH: The parties hereto for considerations hereinafter mentioned, covenant and agree as follows; License of Premises. Licensor operates a VHS Tower on Property located as described in Exhibit "A", (Latitude 27.449194 N, Longitude 80.408639 W) ("Property") more commonly known to Licensor as 101 North Rock Road, Fort Pierce, Florida 34945 (near intersection of Orange Avenue and North Rock Road). Licensor licenses to the Government and the Government licenses from the Licensor a certain portion of the Property consisting of (a) antenna attachment space on the Tower mounted approximately 470 feet above ground level("AGL") for a Government owned antenna; (b) approximately 36 square feet of building floor space plus 36" of unobstructed space on the front, back and one side of the cabinet in the onsite Licensor provided climate controlled equipment building to install the Government's transmitter and (c) Licensor provided stand-by power generator and fuel tank {(a), ( b) and (c) collectively, "Premises"} as depicted on Exhibit "A" attached hereto and incorporated herein by reference, Throughout the Term, the Government shall have the right to ingress and egress 24 hours per day and 7 days per week. 2. Term. TO HAVE AND TO HOLD the said premises for a twenty (20) year term beginning on January 5. 2015 through January 4, 2035, subject to termination and rights as may be hereinafter set forth. 3. Rent. The Government shall pay no monetary consideration in the form of rent. 4. Termination. This License is revocable by either party at any time by providing written notice in accordance with Section 14, entitled "Correspondence". Should this License be revoked prior to the agreed upon expiration date, then, the parties will coordinate the removal of the Licensee's equipment. 5. Permitted Use. (a) The Government may use the Premises for the transmission and reception of weather broadcast communications and emergency broadcast communications along with the associated installation, construction, maintenance, operation and subsequent repair(s), replacement and upgrade of its communications antenna and related equipment, cables, accessories and/or improvements. Further, the Government may install, operate, and maintain transmission cables from the transmitters to the antenna(s) and electric lines from the main feed to the transmitters. The Government's equipment is provided on Exhibit "B". Licensor's execution of this Agreement will signify Licensor's acknowledgement of the Government's equipment and use of the Premises. (b) The Government may take appropriate means to secure the Premises and the Government's equipment. The Government has the right to modify, supplement, replace, or upgrade its equipment on the Premises at any time during the term of this agreement. (c) Prior to the initial installation of the Government's Communications Facility the Government will supply the Licensor with written plans and specifications ("plans") to be reviewed and approved by the Licensor prior to installation. Licensor's approval will not be unreasonably withheld, conditioned, or delayed and in no event shall Licensor's approval or disapproval be delayed beyond ten (10) calendar days from the date that the Government submits the plans. After approval, the plans will be considered incorporated in this agreement. If the Licensor disapproves the plans, then the Government will provide the Licensor with revised plans, such revisions will be within the Government's reasonable discretion. In the event the Licensor disapproves of the plans upon a second (2"d) submission, the Government may terminate this agreement. (d) At any time during the term of this agreement, the Government shall have the right to perform maintenance, repairs, replacement, and upgrades to its equipment on the Premises without the consent of the Licensor. Page f of 3 Packet Pg. 205 8.L.a 6. Interference. (a) As disclosed by the Licensor, the Government represents and warrants that its use of the premises will not interfere with existing radio frequency user(s) on the Property, as long as the existing radio frequency user(s) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations. (b) After the date of this agreement, the Licensor will not grant a lease, license or any other right or encumbrance to any third party for the use of the Property, if such use may in any way adversely affect or interfere with the antenna facility, the radio frequency, the operations, or the rights of the Government under this agreement. Licensor will notify the Government in writing prior to granting any third parry the right to install and operate communications equipment on the Property. Further, at the Government's request, the Licensor will provide the Government with a list of all existing radio frequency user(s) on the Property to allow the Government to evaluate the potential for interference. (c) Licensor will not use, nor will Licensor permit its employees, lessees, licensees, invitees or agents to use, any portion of the Property in any way which interferes with the antenna facility, the radio frequency, the operations or the rights of the Government under this Agreement. In the event of such interference, Licensor will cause such interference to cease within twenty-four (24) hours after receipt of notice of interference from the Government. In the event any such interference does not cease within the aforementioned cure period then the Government will have the right to terminate this license agreement. The Licensor will not be responsible for interference which is beyond the reasonable control of the Licensor, as determined by the Government. The radio frequency utilized by the Government equipment governed by this license is listed below: Site Name Transmitter Name FCC -Antenna all Sign Frequency WFO Structure - Registration Number St. Lucie Fort Pierce Fort Pierce, FL 1201392 MF69 162.425 MLR 7. Access. For the duration of this License, and at no additional cost to the Government, the Licensor is responsible for ensuring the Government, its employees, contractors, subcontractors and licensees will have access to the Premises at all times. The Licensor shall be responsible for securing any easement, right of entry, or other access agreement necessary to ensure the Government's access to the Premises from a nearby public roadway. When applicable, the Licensor will provide the Government with at least two keys or the combination or code for any security fencing. 8. Operations, Maintenance & Utilities. (a) The Government will keep and maintain the Government's equipment in good condition, reasonable wear and tear excepted; (b) Licensor will maintain, repair, and keep in good and tenantable condition, the Premises and the access onto the Property; (c) expenses and the distribution of costs are described in Exhibit C. 9. Taxes and Assessments. The Government shall not be responsible for the payment of any taxes, assessments, or fees levied on the Premises or on the Government's equipment. 10. Hazardous Materials. The licensed premises shall comply with applicable federal, state, and local environmental regulations. 11. Authority to Use Premises. Licensor covenants that Licensor's interest in the Property is sufficient to enter into this License, and that the Government may reasonably request evidence of said interest. 12. Successors Bound (SEP 1999) This license shall bind, and inure to the benefit of, the parties and their respective heirs, executors, administrators, successors and assigns. 13. Claims. The Government is self -insured. It agrees to promptly consider and adjudicate any and all claims which may arise out of use of the Licensor's Property/Premises by Government or duly authorized representatives or contractors of the Government and to pay for any damage or injury as may be required by Federal law. Such adjudication will be pursued under the Federal Tort Claims Act, 28 U.S.C. 2671 et seg. or other such legal authority as may be pertinent. The Government also agrees to consider and adjudicate any claims for damage or injury sustained by Government personnel in the performance of their official duties while on the Licensor's premises. Such adjudication will be made pursuant to the Federal Employees' Compensation Act, 5 U.S.C. 8101 et sea., or other such legal authority as may be pertinent. 14. Correspondence. Licensor/County is to be Sent to: Government/Licensee is to be sent to: St. Lucie County, BOCC United States Department of Commerce Department of Public Safety NOAA Real Property Management Division 15305 W. Midway Road Bolling Federal Building, 601 E 12tt' Street — S 1705 Fort Pierce, FL 34945-3438 Kansas City, MO 64106 A44n• nin-n-Mr Attn : Real Property Contractinq Officer Page 2 of 3 Packet Pg. 206 8.L.a 15. Exhibits and Attachments. The following are attached and made a part hereof: A. Exhibit "A", Photos of Premises ( 11 Pages) B. Exhibit "B", Description of Government's Equipment ( 1 Page) C. Exhibit "C", Responsibilities of the Parties (2 Pages) 16. The following were made in this license prior to its execution: The Licensor will permit the Government to access the premises and use the premises to stage, install and mount equipment, in coordination with the Licensor's representatives, upon the date this agreement is signed by both parties. The Licensor'DUNS: 07-221-5403 17. This License number 15EKW0053C replaces and succeeds any previous real property agreement. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LICENSOR: BY Paula A. Lewis, Chair of Board of County Commissioners Signature Name (Print), Title, & Date IN THE PRESENCE OF: BY Signature Name (Print), Title, & Date UNITED STATES OF AMERICA Signature Department of Commerce Name of Contracting Officer (Print) & Date Real Property Contracting Officer Page 3 of 3 0) M ti u r Q Packet Pg. 207 Packet Pg. 208 EXHIBIT B 8.L.a LICENSOR GOVERNMENT Packet Pg. 209 ASRRegistration Search Registration 1201:392 ,4,p. Map Registration Reg Number 1201392 Status File Number A0092258 Constructed EMI No Dismantled NEPA No �wupmw»��,r:.6^s� Structure Type Tl]VVER- Free standing or Guyed Structure used for Conornu Location (in NAD83Coordinates) Lat/Long 27-26'57.1 N 080-24-31.1 VV Address 101 North Rock Road City, State Fort Pierce /FL Zip 34945 County ST.LUC%E Center of Position of AM Array Tower inArray Heights (meters) Elevation of Site Above Mean Sea Level Overall Height Above Ground (AGL) 6.0 152.0 Overall Height Above Mean Sea Level Overall Height Above Ground w/o Appurtenances 158.0 152.0 Painting and Lighting Specifications FCC Paragraphs 1, 3,4, 13,21 FAA Notification FAA Study 85-ABO'588-OE PRN 0001801679 St. Lucia, County of Attention To: lack Southard 101 North Rock Road Fort Pierce ,FL34945 Contact FAA Issue Date 10/02/1985 Owner Entity Type P: (561)462'1736 F: E: Status Granted Received 07/30/1080 Purpose New Entered 00/11/1999 GOVERNMENT I Packet Pg. 210 8.L.a 138 - 17-4 MW arxt 220 - 222 1014 Fir Immus Nwterw is 00100111taubordOAL rw � h� feeWt gpatw, t iiwirwaad • 11foAd Rapww --10 HU baAvift putts rFp?tattfm poiri i$' in sklgta 4wt nWbWwq syaten of Wh tramm amfiomM, Ultais, NOW —ii 74has(WdMMwS t wtat aty;aurrytpt xC um as me%, (a sari pedant,. 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EXHIBIT B WA QWW txuxa. wvrusre's an xaxwa mu; ccauugr.I asarvfd wNi�-fOd iDlY•ClN 56at0I lmlt NIMAItw• R"W14m, I *.tws.'zar�x'&i's;niar_fsrtau LICENSOR GOVERNMENT Packet Pg. 211 8.L.a EXHIBIT B O m a LICENSOR GOVERNMENT Packet Pg. 212 8.L.a EXHIBIT B r Q LICENSOR GOVERNMENT Packet Pg. 213 8.L.a EXHIBIT B 0) M ti N C N E t V R a+ a+ Q LICENSOR GOVERNMENT Packet Pg. 214 0 EXHIBIT B Transmitter Bldg. (Looking NW) 0) M ti N C N E t V R a+ a+ Q LICENSOR GOVERNMENT Packet Pg. 215 8.L.a EXHIBIT B 0) M ti N C N E t V R a+ a+ Q LICENSOR GOVERNMENT Packet Pg. 216 8.L.a EXHIBIT B r Q LICENSOR GOVERNMENT Packet Pg. 217 8.L.a EXHIBIT B LICENSOR GOVERNMENT r Q Packet Pg. 218 8.L.a RESPONSIBILITIES OF THE PARTIES A. The GOVERNMENT agrees to perform the following activities and provide the following resources in support of the NOAA Weather Radio (NWR) tower/transmitter site establishment, operation, and maintenance: 1. The GOVERNMENT will obtain alicense for the transmitter system and, if necessary, a license for a radio link between the GOVERNMENT programming office and the transmitter. The license(s) shall remain the property of the GOVERNMENT, 2. The GOVERNMENT will provide and install a NWR transmitter. 3. The GOVERNMENT will install a Remote Off Air Monitoring System (ROAMS) to automatically monitor performance and notify to the GOVERNMENT of system failures. 4. The GOVERNMENT Forecast Office in Melbourne, Florida, will provide programming for the NWR station. 5. The GOVERNMENT will provide routine and emergency maintenance for the NWR transmitter. 6. The GOVERNMENT, when made aware of any Radio Frequency Interference (RFI) problem or other operational problem that degrades the quality of the broadcast, will perform an immediate technical checkout of the NWR system. 7. The GOVERNMENT reserves the right to perform random checks on the transmitted signal, and to inspect the transmitter, antenna, and/or supporting facilities ,to ensure compliance with the specifications and the terms of this Agreement or for any required radio frequency license. 8. The GOVERNMENT agrees to notify and coordinate with The County prior to NWR site visits. 9. The GOVERNMENT reserves the right to "upgrade" the station's current antenna and cabling hardware, at its own expense, in order to meet any NWR Network improvement goals. B. The COUNTY agrees to perform the following activities and provide the following resources in support of the NWR tower/transmitter site establishment, operation, and maintenance: 1. The COUNTY agrees to provide, install and cover all recurring costs of the NWR Station's shelter, tower and utilities usage; including Heating Ventilation and Air Conditioning, electrical connections and backup power.. 2. The COUNTY agrees to -provide, install and perform maintenance on the current and future station antenna and cabling hardware due to normal wear and tear, damage and/or failure; except where the GOVERNMENT acts to "upgrade" the antenna, as stipulated in Section V, A, 8. 3. The COUNTY will ensure the site's tower is in compliance with all local zoning laws and Federal Aviation Administration (FAA) requirements, as appropriate. 4. The COUNTY agrees to provide 24 hour, 7 day a week access to the NWR station and supporting facilities covered by this Agreement, within 24 hours of receipt of GOVERNMENT request/notification, for routine and emergency maintenance. INITIALS LICENSOR LICENSEE Packet Pg. 219 11: 8.L.a C. The GOVERNMENT and the COUNTY will be jointly responsible for the following items: 1. The parties agree the NWR station shall operate in conformance with GOVERNMENT requirements and all pertinent government regulations. The GOVERNMENT requires 24 hours per day, 7 days per week operation, and the broadcast content must originate solely from an authorized GOVERNMENT source. 2. The parties agree to shut down the site if any RFI problems exist until the problems are resolved. 3. Both parties will coordinate and jointly issue a Public Information Statement to announce the service coverage area. Additionally, both parties will be acknowledged in the station identification message, in accordance with GOVERNMENT Instruction 10-1710. 4. If the service is terminated, for any reason, the parties will coordinate and jointly issue apublic announcement explaining the reason(s) for the termination. CONTACT LIST: Steven Cooper (Acting) Thomas E. Daly Director, Southern Region Emergency Management Coordinator National Weather Service St. Lucie County Department of Public 819 Taylor Street Safety & Communication Fort Worth, Texas 76102 15305 West Midway Road Phone: (817) 978-1000 Fort. Pierce, Florida 334945 Steven.cooper@noaa.gov Phone: (772) 462-8100 dal t st.lucieco.or Scott Spratt Warning Coordination Meteorologist National Weather Service 421 Croton Road Melbourne, Florida Phone: (321) 2554212 Scott. spratt@noaa.gov The parties agree if there is a change regarding the information in this section, the party making the change will notify the other party in writing of such change. INITIALS LICENSOR LICENSEE Packet Pg. 220 8.M.1 ITEM NO. RES-2015-61 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Don West, Public Works Director Public Works DATE: 04/21/2015 *CONSENT AGENDA\PUBLIC WORKS Grant Acceptance for Artificial Reef Construction 2015 The Mosquito Control & Coastal Management Services Department received administrative approval to submit a grant to the Florida Fish & Wildlife Conservation Commission on March 19, 2014 for the purpose of deploying artificial reef material at the permitted Existing Offshore site. The Artificial Reef Program will provide local match in the amount of $5,350 for permit -required pre -deployment surveys, deployment of materials and post construction monitoring. PREVIOUS ACTION: March 19, 2014 - Administrative approval to submit a grant application to the Florida Fish and Wildlife Conservation Commission for artificial reef construction. FINANCIAL IMPACT: The Artificial Reef Program is required to provide a cash match of $5,350. Sufficient funds will be made available in account string #184-3710-534000-39003 (Other Contractual Services). RECOMMENDATION: Staff recommends Board approval of a grant from the Florida Fish & Wildlife Conservation Commission (Agreement #14023) in the amount of $60,000 and supporting resolution for the construction of a 1,500 ton offshore artificial reef; and approval for the Chair to sign the agreement as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 221 8.M.1 Coordination/Signatures anie 5. McIntyre, Cy 4/13/2015 Updated: 4/13/2015 8:52 AM by Bob Bentkofsky B Page 2 Packet Pg. 222 8.M.1.a FWC Agreement No. 14023 STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AGREEMENT No. 14023 CFDA Title(s): Federal Aid in Sportfish Restoration CFDA No(s).. 15.605 Name of Federal Agency(s): U.S. Fish and Wildlife Service Federal Award No(s): FL-F-F14AF01319 Federal Award Year(s): 2014 - 2015 Federal Award Name(s): Marine Artificial Reef Planning, Development, Administration, and Assessment in Florida CSFA Tiitle(s).: Florida Artificial Reef Program CSFA No(s).: 77-007 State Award No(s).. FWC-14023 State Award Year(s): 2014 - 2015 State Award Name(s): St Lucie County Artificial Reef Construction 2015 This Agreement is entered into by and between the Florida Fish and Wildlife Conservation Commission, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter"Commission," and St. Lucie County, FEID # 59-6000835, whose address is 2300 Virginia Avenue, Fort Pierce, FL 34982, hereinafter "Grantee." WHEREAS, the Commission and Grantee have partnered together to construct a marine artificial reef comprised of at least 1,500 tons of clean concrete materials at a single location within the St. Lucie County Offshore Site permitted area located approximately l 1 nautical miles on a hearing of 112 degress from Ft. Pierce Inlet in the Atlantic Ocean at a depth of 130 feet; and, WHEREAS, Grantee has been awarded a grant entitled "St Lucie County Artificial Reef Construction 2015", Grant number FWC-14023 ; and, WHEREAS, such benefits are for the ultimate good of the State of Florida, its resources, wildlife, and public welfare. Now THEREFORE, the Commission and the Grantee, for the considerations hereafter set forth, agree as follows; 1. PROJECT DESCRIPTION. The Grantee shall provide the services and perform the specific responsibilities and obligations, as set forth in the Scope of Work, attached hereto as Attachment A and made a part hereof (hereafter, Scope of Work). The Scope of Work specifically identifies project tasks and accompanying deliverables. These deliverables must be submitted and approved by the Commission prior to any payment. The Commission will not accept any deliverable that does not comply with the specified required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable_ If this agreement is the result of Grantee responses to the Commission's request for competitive or other grant proposals, the Grantee's response is hereby incorporated by reference. GOVERNMENTAL ENTITY Ver. July 8, 2014 Page I of I8 Packet Pg. 223 8.M.1.a FWC Agreement No. 14023 2. PERFORMANCE. The Grantee shall perform the activities described in the Scope of Work in a proper and satisfactory manner. Unless otherwise provided for in the Scope of Work, any and all equipment, products or materials necessary or appropriate to perform under this Agreement shall be supplied by the Grantee. Grantee shall obtain all necessary local, state, and federal authorizations necessary to complete this project, and the Grantee shall be licensed as necessary to perform under this Agreement as may be required by law, rule, or regulation; the Grantee shall provide evidence of such compliance to the Commission upon request_ The Grantee shall procure all supplies and pay all charges, fees, taxes and incidentals that may be required for the completion of this Agreement. By acceptance of this Agreement, the Grantee warrants that it has the capability in all respects to fully perform the requirements and the integrity and reliability that will assure good -faith performance as a responsible Grantee. Grantee shall immediately notify the Commission's Grant Manager in writing if its ability to perform under the Agreement is compromised in any manner during the term of the Agreement. The Commission shall take appropriate action, including potential termination of this Agreement pursuant to Paragraph nine (9) below, in the event the Grantee's ability to perform under this Agreement becomes compromised. 3. AGREEMENT PERIOD. A. Agreement Period and Commission's Limited Obligation to Pay. This Agreement is made pursuant to a grant award and shall be effective upon execution by the last Parry to sign, and shall remain in effect through 08/31/2015. However, as authorized by Rule 68-1.003, F_A.C_, referenced grant programs may execute Agreements with a retroactive start date of no more than sixty (60) days, provided that approval is granted from the Executive Director or his/her designee and that it is in the best interest of the Commission and State to do so. Agreements executed under this grant award shall not precede a start date of 02/1212015. For this agreement, the retroactive start date was not approved_ The Commission's Grant Manager shall confirm the specific start date of the Agreement by written notice to the Grantee. The Grantee shall not be eligible for reimbursement or compensation for grant activities performed prior to the start date of this Agreement nor after the end date of the Agreement. For this agreement, preaward costs are not eligible for reimbursement. If necessary, by mutual agreement as evidenced in writing and lawfully executed by the Parties, an Amendment to this Agreement may be executed to lengthen the Agreement period. 4. COMPENSATION AND PAYMENTS. A. Compensation. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Commission shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $$60,000. B. Payments. The Commission shall pay the Grantee for satisfactory performance of the tasks identified in Attachment A, Scope of Work, as evidenced by the completed deliverables, upon submission of invoices, accompanied by supporting documentation sufficient to justify invoiced expenses or fees, and after acceptance of services and deliverables in writing by the Commission's Grant Manager identified in Paragraph eleven (11), below. Unless otherwise specified in the Scope of Work, invoices shall be due monthly, commencing from the start date of this Agreement. Invoices must be legible and must clearly reflect the Deliverables that were provided in accordance with the terms of the Agreement for the invoice period. Unless otherwise specified in the Scope of Work, a final invoice shall be submitted to the Commission no later than forty-five (45) days following the expiration date of this Agreement to assure the availability of funds for payment. Further, pursuant to Section 215.971(1)(d), F.S., the Commission may only reimburse the Grantee for allowable costs resulting from obligations incurred during the agreement period specified in Paragraph three (3). GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 2 of 1S Packet Pg. 224 8.M.1.a FWC Agreement No. 1402:i C. Invoices. Each invoice shall include the Commission Agreement Number and the Grantee's Federal Employer identification (FEID) Number. Invoices, with supporting documentation, may be submitted electronically to the attention of the Commission's Grant Manager identified in Paragraph eleven (11), below. If submitting hard copies, an original and two (2) copies of the invoice, plus all supporting documentation, shall be submitted. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pro -audit and post -audit thereof. Grantee acknowledges that the Commission's Grant Manager shall reject invoices lacking documentation necessary to justify invoiced expenses. D. Match. Pursuant to grant program guidelines, the Grantee is required to contribute non-federal match towards this Agreement_ If applicable, details regarding specific match requirements are included in Attachment A, Scope of Work. E. Travel Expenses. if authorized in Attachment A, Scope of Work, travel expenses shall be reimbursed in accordance with Section 112.061, F.S. F. State Obligation to Pay. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation and authorization to spend by the Legislature. The Parties hereto understand that this Agreement is not a commitment to future appropriations, but is subject to appropriation and authority to spend provided by the Legislature. The Commission shall be the final authority as to the availability of funds for this Agreement, and as to what constitutes an "annual appropriation" of funds to complete this Agreement. If such funds are not appropriated or available for the Agreement purpose, such event will not constitute a default on behalf of the Commission or the State. The Commission's Grant Manager shall notify the Grantee in writing at the earliest possible time if funds are not appropriated or available. G. Non -Competitive Procurement and Rate of Payment. Section 216.3475, F.S., requires that under non-competitive procurements, a Grantee may not receive a rate of payment in excess of the competitive prevailing rate for those services unless expressly authorized in the General Appropriations Act. If applicable, Grantee warrants, by execution of this Agreement, that the amount of non-competitive compensation provided in this Agreement is in compliance with Section 216.3475, F.S. H. Time Limits for Payment of Invoices. Payments shall be made in accordance with Sections 215.422 and 287.0585, F.S., which govern time limits for payment of invoices. Section 215.422, F.S. provides that agencies have five (5) working days to inspect and approve Deliverables, or the Scope of Work specifies otherwise. If payment is not available within forty (40) days, measured from the latter of the date the invoice is received or the Deliverables are received, inspected and approved, a separate interest penalty set by the Department of Financial Services pursuant to Section 55.03(1), F.S., will be due and payable in addition to the invoice amount_ Invoices returned to a vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. I. Electronic Funds Transfer. Grantee agrees to enroll in Electronic Funds Transfer (EFT), offered by the State's Chief Financial Officer, within thirty (30) days of the date the last Party has signed this Agreement. Copies of the Authorization form and a sample blank enrollment letter can be found on the vendor instruction page at: ft://www.fldfs.cornJaadir/direct deposit webNendors.htm GOVERNMENTAL ENTITY Ver. July S, 2014 Page 3 of 18 Packet Pg. 225 8.M.1.a FWC Agreement No. 14023 Questions should be directed to the State of Florida's EFT Section at (850) 413-5517. Uwe enrolled, invoice payments will be made by EFT. J. Vendor Ombudsman. A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a State agency, may be contacted at (850) 413-5516 or by calling the Chief Financial Officer's Hotline, (800) 342-2762. 5. CERTIFICATIONS AND ASSURANCES. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return to the Commission's Grant Manager a completed copy of the form entitled "Certifications and Assurances," attached hereto and incorporated as Attachment B. This includes: Debarment and Suspension Certification; Certification Against Lobbying; Certification Regarding Public Entity Crimes; and Certification Regarding the Scrutinized Companies List (applicable to agreements in excess of $1 million); Attachment B, incorporated and made part of this Agreement. 6. RETURN OR RECOUPMENT OF FUNDS. A. Overpayment to Grantee. Pursuant to Section 215.971(1)(e)&(f), F.S., the Grantee shall return to the Commission any overpayments due to unearned funds or funds disallowed pursuant to the terms of this Agreement that were disbursed to Grantee by the Commission. In the event that the Grantee or its independent auditor discovers that overpayment has been made, the Grantee shall repay said overpayment within forty (40) calendar days without prior notification from the Commission. In the event that the Commission first discovers an overpayment has been made, the Commission will notify the Grantee in writing. Should repayment not be made in a timely manner, the Commission shall be entitled to charge interest at the lawful rate of interest established pursuant to Section 55.03(1), F.S., on the outstanding balance beginning forty (40) calendar days after the date of notification or discovery. Refunds should be sent to the Commission's Grant Manager, and made payable to the "The Florida Fish and Wildlife Conservation Commission." B. Additional Costs or Monetary Loss Resulting from Grantee Non -Compliance. If the Grantee's non-compliance with any provision of the Agreement results in additional cost or monetary loss to the Commission or the State of Florida to the extent allowed by Florida Law, the Commission can recoup that cost or loss from monies owed to the Grantee under this Agreement or any other agreement between Grantee and the Commission. In the event that the discovery of this cost or loss arises when no monies are available under this Agreement or any other agreement between the Grantee and the Commission, the Grantee will repay such cost or loss in full to the Commission within thirty (30) days of the date of notice of the amount owed, unless the Commission agrees, in writing, to an alternative timeframe. If the Grantee is unable to repay any cost or loss to the Commission, the Commission shall notify the State of Florida, Department of Financial Services, for resolution pursuant to Section 17.0415, F.S. 7. COMMISSION EXEMPT FROM TAXES, PROPERTY EXEMPT FROM LIEN. The Grantee recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. If the Grant involves the improvement of real property titled to the State of Florida, then the following paragraph applies. The Grantee acknowledges that Property being improved is titled to the State of Florida, and is not subject to I ien of any kind for any reason. The Grantee shall include notice of such exemptions in any subcontracts and purchase orders issued hereunder. GOVERNMENTAL ENTITY Ver. July S, 2014 Page 4 of I8 Packet Pg. 226 8.M.1.a FWC Agreement No. 14023 8. MONITORING. The Commission's Grant Manager shall actively monitor the Grantee's performance and compliance with the terms of this Agreement. The Commission reserves the right for any Commission staff to make scheduled or unscheduled, announced or unannounced monitoring visits. Specific monitoring terms, conditions, and schedules may be included in Attachment A, Scope of Work. 9. TERMINATION. A. Commission Termination. The Commission may unilaterally terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days of written notice of its intent to terminate. The Grantee shall not be entitled to recover any cancellation charges or lost profits. The Grantee may request termination of the Agreement for convenience. B. Termination — Fraud or Willful Misconduct. This Agreement shall terminate immediately in the event of fraud or willful misconduct. In the event of such termination, the Commission shall provide the Grantee with written notice of termination. C. Termination — Other. The Commission may terminate this Agreement if the Grantee fails to: 1.) comply with all terms and conditions of this Agreement; 2.) produce each deliverable within the time specified by the Agreement or extension; 3.) maintain adequate progress, thus endangering the performance of the Agreement; or, 4.) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences for default. The rights and remedies of the Commission in this clause are in addition to any other rights and remedies provided by law or under the Agreement. The Grantee shall not be entitled to recover any cancellation charges or lost profits. D. Termination - Funds Unavailability. In the event funds to finance this Agreement become unavailable or if federal or state funds upon which this Agreement is dependent are withdrawn or redirected, the Commission may terminate this Agreement upon no less than twenty-four (24) hours notice in writing to the Grantee. Said notice shall be delivered by certified mail, return receipt requested or in person with proof of delivery. The Commission shall be the final authority as to the availability of funds and will not reallocate funds appropriated for this Agreement to another program thus causing "lack of funds." In the event of termination of this Agreement under this provision, the Grantee will be compensated for any work satisfactorily completed and any non -cancellable obligations properly incurred prior to notification of termination. E. Grantee Discontinuation of Activities upon Termination Notice. Upon receipt of notice of termination, the Grantee shall, unless the notice directs otherwise, immediately discontinue all activities authorized hereunder. Upon termination of this Agreement, the Grantee shall promptly render to the Commission all property belonging to the Commission. For the purposes of this section, property belonging to the Commission shall include, but shall not be limited to, all books and records kept on behalf of the Commission. 10. REMEDIES. A. Financial Consequences. In accordance with Sections 215.971(1)(a)&(b), F.S., Attachment A, Scope of Work, contains clearly established tasks in quantifiable units of deliverables that must be received and accepted in writing by the agency before payment. Each deliverable specifies the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If the Grantee fails to produce each deliverable within the time frame specified by the Scope of Work, the budget amount allocated for that deliverable may be GOVERNMENTAL ENTITY Ver. July 8, 2014 Page S of 18 Packet Pg. 227 8.M.1.a FWC Agreement No_ 14023 deducted from the Grantee's payment. In addition, pursuant to Section 215971(l)(c), the Commission shall apply any additional financial consequences, identified in the Scope of Work. B. Cumulative Remedies. The rights and remedies of the Commission in this paragraph are in addition to any other rights and remedies provided by law or under the Agreement. 11. NOTICES AND CORRESPONDENCE. Any and all notices shall be delivered to the individuals identified below. In the event that either Party designates a different Grant Manager after the execution of this Agreement, the Party will provide written notice of the name, address, zip code, telephone and fax numbers, and email address of the newest Grant Manager, or an individual authorized to receive notice on behalf of that Party, to all other Parties as soon as possible, but not later than five (5) business days after the new Grant Manager has been named. A designation of a new Grant Manager shall not require a formal amendment to the Agreement. 12. 13. FOR THE COMMISSION: Grant Manager Keith Mille Fishery Biologist IV Division of Marine Fisheries Management 2590 Executive Center Circle East, Suite 203 Tallahassee, FL 32301 Phone: (850) 617-9633 Fax: (850) 487-4847 keith.rnillc@myfwc.com AMENDMENT. FOR THE GRANTEE: Grant Manager James Oppenbom Coastal Resources Supervisor St. Lucie County 3150 Will Fee Road Fort Pierce, FL 34982 Phone: (772) 462-1713 Fax: (772) 462-1565 oppenbomj @stluc ieco.org A. Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the Parties. B. Change Orders. The Commission may, at any time, by written order, make a change to this Agreement. Such changes are subject to the mutual agreement of both Parties as evidenced in writing. Any change which causes an increase or decrease in the Grantee's cost or time shall require an Amendment. Minor changes, such as those updating a Party's contact information, may be accomplished by a Modification. C. Renegotiation upon Change in Law or Regulation. The Parties agree to renegotiate this Agreement if federal and/or state revisions of any applicable laws or regulations make changes in the Agreement necessary. INTELLECTUAL PROPERTY RIGHTS. A. Grantee's Preexisting Intellectual Property (Proprietary) Rights. Unless specifically addressed in the Attachment A, Scope of Work, intellectual property rights to the Grantee's preexisting property will remain with the Grantee. B. Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale, licensing, marketing or other authorization related to any intellectual property right created or otherwise developed by the Grantee under this Agreement for the Commission shall be handled in the manner specified by the applicable Florida State Statute and/or Federal program requirements. GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 6 of 1-8 Packet Pg. 228 8.M.1.a FWC Agreement No. 14023 C. Commission Intellectual Property Rights. Where activities supported by this Agreement produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representations and works of any similar nature, the Commission and the State of Florida have the unlimited, royalty -free, nonexclusive, irrevocable right to use, duplicate and disclose such materials in whole or in part, in any manner, for any purpose whatsoever and to have others acting on behalf of the Commission to do so. If this Agreement is supported by federal funds, the federal awarding agency reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes, and to authorize others to do so. 14, RELATIONSHIP OF THE PARTIES. A. Independent Grantee. The Grantee shall perform as an independent Grantee and not as an agent, representative, or employee of the Commission. The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. Each Party hereto covenants that there is no conflict of interest or any other prohibited relationship between the Grantee and the Commission. B. Grantee Training and Qualifications. Grantee agrees that all Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. C. Commission Security. All employees, subcontractors, or agents performing work under the Agreement must comply with all security and administrative requirements of the Commission. The Commission may conduct, and the Grantee shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Grantee. The Commission may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with the Commission's other requirements. Such refusal shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Commission, in coordination with the Grantee, may reject and bar from any facility for cause any of Grantee's employees, subcontractors, or agents. D. Commission Rights to Assign or Transfer. The Grantee agrees that the State of Florida shall at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Grantee. E. Commission Rights to Undertake and Award Supplemental Agreements. Grantee agrees that the Commission may undertake or award supplemental agreements for work related to the Agreement_ The Grantee and its subcontractors shall cooperate with such other Grantees and the Commission in all such cases. 15. SUBCONTRACTS. A. Authority. Grantee is permitted to subcontract work under this Agreement, therefore, the following terms and conditions apply. The Grantee shall ensure, and provide assurances to the Commission upon request, that any subcontractor selected for work under this Agreement has the necessary qualifications and abilities to perform in accordance with the terms and conditions of this Agreement. The Grantee must provide the Commission with the names of any subcontractor considered for work under this Agreement; the Commission in coordination with the Grantee reserves the right to reject any subcontractor. The Grantee agrees to be responsible for all work GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 7 of 18 Packet Pg. 229 8.M.1.a FWC Agreement No. 14023 performed and ail expenses incurred with the project. Any subcontract arrangements trust be evidenced by a written document available to the Commission upon request. The Grantee further agrees that the Commission shall not be liable to the extent allowed by law, to any subcontractor for any expenses or liabilities incurred under the subcontract and the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. Grantee Payments to Subcontractor. If subcontracting is permitted pursuant to Paragraph A, above, Grantee agrees to make payments to the subcontractor upon completion of work and submitted invoice in accordance with the contract between the Grantee and subcontractor. Failure to make payment pursuant to any subcontract will result in a penalty charged against Grantee and paid to the subcontractor in the amount of one-half of one (1) percent of the amount due per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due." C. Commission Right to Reject Subcontractor Employees. The Commission in coordination with Grantee shall retain the right to reject any of the Grantee's or subcontractor's employees whose qualifications or performance, in the Commission's judgment, are insufficient. D. Subcontractor as Independent Contractor. If subcontracting is permitted pursuant to Paragraph A above, the Grantee agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State of Florida. 16. MANDATORY DISCLOSURE. A. Disclosure of Interested State Employees. This Agreement is subject to Chapter 112, F.S. Grantee shall provide the name of any officer, director, employee, or other agent who is affiliated with this project and an employee of the State of Florida. B. Prompt Disclosure of Litigation, Investigations, Arbitration, or Administrative Proceedings. Throughout the term of the Agreement, the Grantee has a continuing duty to promptly disclose to the Commission's Agreement Manager, upon occurrence, all civil or criminal litigation, investigations, arbitration, or administrative proceedings (Proceedings) relating to or affecting the Grantee's ability to perform under this agreement. If the existence of such Proceeding causes the Commission concern that the Grantee's ability or willingness to perform the Agreement is jeopardized, the Grantee may be required to provide the Commission with reasonable assurances to demonstrate that: a.) the Grantee will be able to perform the Agreement in accordance with its terms and conditions; and, b.) Grantee and/or its employees or agents have not and will not engage in conduct in performing services for the Commission which is similar in nature to the conduct alleged in such Proceeding. 17. INSURANCE. The Grantee warrants and represents that it is insured, or self -insured for liability insurance, in accordance with applicable state law and that such insurance or self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 18. PUBLIC ENTITY CRIMES. A. Convicted Vendor List. Pursuant to Subsection 287.133(2)(a), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 8 of 18 Packet Pg. 230 8.M.1.a FWC Agreement No. 1402') not be awarded or perform work as a Grantee, supplier, subcontractor or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two for a period of thirty- six (36) months from the date of being placed on the convicted vendor list. The State of Florida, Department of Management Services, Division of State Purchasing provides listings for convicted, suspended, discriminatory and federal excluded parties, as well as the vendor complaint list at: http:l/www.dms.myflorida.com/business_ oyerationslstate-purchasin vendor informationlconvic ted sus ended discriminate com laints vendor lists B. Notice of Conviction of Public Entity Crime. Any person must notify the Department of Management Services and the Commission within 30 days after conviction of a public entity crime applicable to that person or an affiliate of that person as defined in Section 287.133, F.S. C. Certifications and Assurances. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return to the Commission's Grant Manager a completed copy of the form entitled "Certifications and Assurances," attached hereto and incorporated as Attachment B. This includes the Certification Regarding Public Entity Crimes. 19. VENDORS ON SCRUTINIZED COMPANIES LIST, A. Scrutinized Companies. If this Agreement is in the amount of one (1) million dollars or more, in executing this Agreement, the Grantee certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, F.S., and is not engaged in business operations in Cuba or Syria. B. False Certification — Termination. Pursuant to Subsection 287.135(3)(b), F.S., the Commission may immediately terminate this Agreement for cause if the Grantee is found to have submitted a false certification or if, during the term of the Agreement, the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engages in business operations in Cuba or Syria. C. Cessation of Federal Authority. In the event that federal law ceases to authorize the states to adopt and enforce the contracting prohibition identified in this paragraph, this provision shall be null and void to the extent no longer authorized. 20. SPONSORSHIP. As required by Section 286.25, F.S., if the Grantee is a nongovernmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this Agreement, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (Grantee's name) and the State of Florida, Fish and Wildlife Conservation Commission." If the sponsorship reference is in written material, the words "State of Florida, Fish and Wildlife Conservation Commission" shall appear in the same size letters or type as the name of the Grantee's organization. Additional sponsorship requirements may be specified in Attachment A, Scope of Work. 21. PUBLIC RECORDS. A. This Agreement may be unilaterally canceled by the Commission for refusal by the Grantee to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the Grantee in conjunction with this Agreement, unless exemption for such records is allowable under Florida law. GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 9 of 18 Packet Pg. 231 8.M.1.a FWC Agreement No. 14023 B. Pursuant to Section 119.0701, F.S., the Grantee shall comply with the following: a. Keep and maintain pub] is records that ordinarily and necessarily would be required by the Commission in order to perform the service. b. Provide the public with access to public records on the same terms and conditions that the Commission would provide the records and at a cost that does not exceed the cost provided in Chapter 119, F.S. or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost, to the Commission all public records in possession of the Grantee upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the Commission. 22. SECURITY AND CONFIDENTIALITY. The Grantee shall not divulge to third parties any clearly marked confidential information obtained by the Grantee or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Grant work. To ensure confidentiality, the Grantee shall take appropriate steps regarding its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Grant. 23. RECORD KEEPING REQuLREMENTS. A. Grantee Responsibilities. The Grantee shall maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement, in accordance with generally accepted accounting principles. B. State Access to Grantee Books, Documents, Papers, and Records. The Grantee shall allow the Commission, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability or authorized representatives of the state or federal government to have access to any of the Grantee's books, documents, papers, and records, including electronic storage media, as they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions. C. Grantee Records Retention. Unless otherwise specified in Attachment A, Scope of Work, these records shall be maintained for five (5) years following the close of this Agreement. The Grantee shall cooperate with the Commission to facilitate the duplication and transfer of such records upon the Commission's request. D. Grantee Responsibility to Include Records Requirements — Subcontractors. In the event any work is subcontracted under this Agreement, the Grantee shall include the aforementioned audit and record keeping requirements in all subsequent contracts- E. Compliance with Federal Funding Accountability and Transparency. Any federal funds awarded under this Agreement must comply with the Federal Funding Accountability and Transparency Act (FFATA) of 2006. The intent of the FFATA is to empower every American with the ability to hold the government accountable for each spending decision. The result is to reduce wasteful spending in the government. The FFATA legislation requires that information on GOVERNMENTAL ENTITY Ver, July 8, 2014 Page 10 of 18 Packet Pg. 232 8.M.1.a FWC Agreement No. 14023 federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website: www.USAS endin ov. Grant recipients awarded a new Federal grant greater than or equal to $25,000 awarded on or after October 1, 2010 are subject to the FFATA. The Grantee agrees to provide the information necessary, over the life of this Agreement, for the Commission to comply with this requirement. 24. FEDERAL AND FLORIDA SINGLE AUDIT ACT REQUIREMENTS. Pursuant to the FSAA (or Federal) Vendor / Recipient Determination Checklist, the Grantee has been determined to be a recipient of state financial assistance and/or a subrecipient of a federal award. Therefore, pursuant to Section 21597, F.S. and/or OMB Circular A- 133, the Grantee may be subject to the audit requirements of the Florida and/or Federal Single Audit Acts. If applicable, the Grantee shall comply with the audit requirements outlined in Attachment C, "Requirements of the Federal and Florida Single Audit Acts," attached hereto and made a part of the Agreement, as applicable. 25. NON -EXPENDABLE PROPERTY. A. Non -Expendable Property Defined. For the requirements of this section of the Agreement, "non -expendable property" is the same as "property" as defined in Section 273.02, F.S. (equipment, fixtures, and other tangible personal property of a non -consumable and non - expendable nature, with a value or cost of $1,000 or more, and a normal expected life of one year or more; hardback -covered bound books that are circulated to students or the general public, with a value or cost of $25 or more; and uncirculated hardback -covered bound books, with a value or cost of $250 or more). B. Title to Non -Expendable Property. Title (ownership) to all non -expendable property acquired with funds from this Agreement shall be vested in the Commission and said property shall be transferred to the Commission upon completion or termination of the Agreement unless otherwise authorized in writing by the Commission or unless otherwise specifically provided for in Attachment A, Scope of Work. 26. FEDERAL FUNDS. This Agreement relies on federal funds, therefore, the following terms and conditions apply: A. Prior Approval to Expend Federal Funds to Federal Agency or Employee. The Grantee shall be responsible for complying with all federal grant requirements as provided in its grant, a copy of which is attached hereto and made a part hereof as Attachment D. It is understood and agreed that the Grantee is not authorized to expend any federal funds under this Agreement to a federal agency or employee without the prior written approval of the awarding federal agency. B. Compliance with Federal Laws, Rules and Regulations. As applicable, the Grantee shall comply with all federal laws, rules, and regulations, including but not limited to: Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). The Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). Sections 103 and 107 of the Agreement Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction agreements awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500 for other agreements which involve the employment of mechanics or laborers) GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 11 of 18 Packet Pg. 233 8.M.1.a FWC Agreement No. 14023 All applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). C. Compliance with Office of Management and Budget Circulars. As applicable, Grantee shall comply with the following Office of Management and Budget Circulars: ■ A-21 (2 CFR 220), Cost principles for Educational Institutions ■ A-87 (2 CFR 225). Cost Principles for State, Local, and Indian Tribal Governments ■ A-122 (2 CFR 230), Cost Principles for Non -Profit Organizations ■ A-133, Audit of States, Local Governments, and Non -Profit Organizations ■ A-102, Grants and Cooperative Agreements with State and Local Governments ■ A-110, Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Learning, Hospitals, and Other Non -Profit Organizations D. Certifications and Assurances — Drug -Free Workplace. Pursuant to the Drug -Free Workplace Act of 1988, and its implementing regulations codified at 29 CFR Part 94, the Grantee will provide a drug -free workplace. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return to the Commission a completed copy of Attachment B, "Certifications and Assurances." This includes the Drug -Free Workplace Requirement Certification. E. Trafficking Victims Protection Act of 2000. This federal award is subject to the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104(g), 2 CFR 175.15). As such, the awarding federal agency may unilaterally terminate this award without penalty for violations of this Act. If the Grantee is a private entity, the following provision applies to the federal award. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not-- a. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; b. Procure a commercial sex act during the period of time that the award is in effect; or C. Use forced labor in the performance of the award or subawards under the award. 27. DEBARMENT AND SUSPENSION. A. Grantee Federal Certification. In accordance with Federal Executive Order 12549, Debarment and Suspension, the Grantee shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier agreement, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. B. Grantee Commission Certification. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return to the Commission a completed copy of Attachment B, Certifications and Assurances. This includes the Certification Regarding Debarment, Suspension, and Other Responsibility Matters. 28. PROHIBITION AGAINST LOBBYING. GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 12 of 18 Packet Pg. 234 8.M.1.a FWC Agreement No. 14023 A. Grantee Certification — Payments to Influence. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal agreement, grant, or cooperative agreement. The Grantee shall submit Standard Form-LLL, "Disclosure Form to Deport Lobbying". The Grantee shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. B. Grantee — Refrain from Subcontracting with Certain Organizations. Pursuant to the Lobbying Disclosure Act of 1995, the Grantee agrees to refrain from entering into any subcontracts under this Agreement with any organization described in Section 501(c)(4) of the Internal Revenue Code of 1986, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subcontract. C. Prohibition against Using Agreement Funds for the Purpose of Lobbying. In accordance with Section 216.347, F.S., the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. Upon request of the Commission's Inspector General, or other authorized State official, the Grantee shall provide any type of information the Inspector General deems relevant to the Grantee's integrity or responsibility. D. Grantee's Completion of Certifications and Assurances. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return to the Commission a completed copy of Attachment B, "Certifications and Assurances." This includes the Certification Regarding Lobbying. 29. AGREEMENT -RELATED PROCUREMENT. A. PRIDE. In accordance with Section 946.515(6), F.S., if a product or service required for the performance of this Agreement is certified by or is available from Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) and has been approved in accordance with Subsection 946.515(2), F.S., the following statement applies: It is expressly understood and agreed that any articles which are the subject of, or required to carry out, under this contract shall be purchased from [PRIDE] in the same manner and under the same procedures set forth in subsections 946.515(2) and (4), F.S.; and for purposes of this contract the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. The above clause is not applicable to subcontractors unless otherwise required by law. Additional information about PRIDE and the products it offers is available at httl2:llwww.pride- enterprises.org. B. Respect of Florida. In accordance with Subsection 413.036(3), F.S., if a product or service required for the performance of this Agreement is on the procurement list established pursuant to Subsection 413.035(2), F.S., the following statement applies: GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 13 of IS Packet Pg. 235 8.M.1.a FWC Agreement No. 14021 It is expressly understood and agreed that any articles that are the subject of, or required to carry out, under this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, F.S., in the same manner and under the same procedures set forth in Subsections 413.036(1) and (2), F.S.; and for purposes of this agreement, the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at Lftp://www.respect 'florida.or . C. Procurement of Recycled Products or Materials. The Grantee agrees to procure any recycled products or materials which are the subject of or are required to carry out this Agreement in accordance with Section 403.7065, F.S. 30. PURCHASE OR IMPROVEMENT OF REAL PROPERTY This agreement is not for the purchase or improvement of real property, therefore, the following terms and conditions do not apply. The Grantee shall comply with Section 287.05805, F.S. This section requires the Grantee to grant a security interest in the property to the State of Florida, the type and details of which are provided for in Attachment A, Scope of Work. 31. PROFESSIONAL SERVICES. A. Architectural, Engineering, Landscape Architectural, or Survey and Mapping. If this Agreement is for the acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping services, and is therefore subject to Section 287.055, F.S., the following provision applies: The architect (or registered surveyor and mapper or professional engineer, as applicable) warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the architect (or registered surveyor and mapper, or professional engineer, as applicable) to solicit or secure this contract and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the architect (or registered surveyor and mapper or professional engineer, as applicable) any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this contract. B. Termination for Breach. For the breach or violation of this provision, the Commission shall have the right to terminate the Agreement without liability and, at its discretion, to deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 32. INDEMNIFICATION. If the Grantee is a state agency or subdivision, as defined in Subsection 768.28(2), F.S., pursuant to Subsection 768.28(19), F.S., neither Parry indemnifies nor insures the other Party for the other Party's negligence. if the Grantee is not a state agency or subdivision as defined above, the Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 14 of 18 Packet Pg. 236 8.M.1.a FWC Agreement No. 14023 indemnify, defend, and hold harmless the State and the Commission, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by the Grantee, its agents, employees, partners, or subcontractors, provided, however, that the Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or the Commission. 33. NUN -DISCRIMINATION. A. Non -Discrimination in Performance. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of., or be otherwise subjected to discrimination in performance of this Agreement. B. Discriminatory Vendor List. In accordance with Section 287.134, F.S., an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 any public entity; and may not transact business with any public entity. The Grantee has a continuing duty to disclose to the Commission whether they appear on the discriminatory vendor list. 34. SEVERABILITY, CHOICE OF LAW, AND CHOICE OF VENIRE. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida, to the exclusion of all other lawful venues. 35. NO THIRD PARTY RIGHTS. The Parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any person not a Party to this Agreement. 36. JURY TRIAL WAIVER. As part of the consideration for this Agreement, the Parties hereby waive trial by jury in any action or proceeding brought by any Party against any other Party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement, or with the products or services provided under this Agreement, including but not limited to any claim by the Grantee of quantum meruit. 37. PROHIBITION OF UNAUTHORIZED ALIENS. In accordance with federal Executive Order 96-236, the Commission shall consider the employment by the Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Agreement if the Grantee knowingly employs unauthorized aliens. 38. EMPLOYMENT ELIGIBILITY VERIFICATION (E-VERIFY). A. Requirement to Use E-Verify. Executive Order 11-1 16, signed May 27, 2011, by the Governor of Florida, requires Commission contracts in excess of nominal value to expressly require the Grantee to: 1 _) utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Grantee during the contract term; and, 2.) include in all subcontracts under this Agreement, the requirement that subcontractors GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 15 of 18 Packet Pg. 237 8.M.1.a FWC Agreement No. 14023 performing work or providing services pursuant to this contract utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of the subcontract. B. E-Verify Online. E-Verify is an Internet -based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States after the effective date of the required Memorandum of Understanding (MOU); the responsibilities and elections of federal contractors, however, may vary, as stated in Article 11_D. l .c. of the MOU. There is no charge to employers to use E-Verify. The Department of Homeland Security's E- Verify system can be found online at http:l,lwww.dhs.gov/flles/programs/gc 118522167815a.shtm C. Enrollment in E-Verify. If the Grantee does not have an E-Verify MOU in effect, the Grantee must enroll in the E-Verify system prior to hiring any new employee after the effective date of this Agreement. D. E-Verify Recordkeeping. The Grantee further agrees to maintain records of its participation and compliance with the provisions of the E-Verify program, including participation by its subcontractors as provided above, and to make such records available to the Commission or other authorized state entity consistent with the terms of the Grantee's enrollment in the program. This includes maintaining a copy of proof of the Grantee's and subcontractors' enrollment in the E- Verify Program (which can be accessed from the "Edit Company Profile" link on the left navigation menu of the E-Verify employer's homepage). E. Employment Eligibility Verification. Compliance with the terms of the Employment Eligibility Verification provision is made an express condition of this Agreement and the Commission may treat a failure to comply as a material breach of the Agreement. 39. FORCE MAdEURE AND NOTICE OF DELAY FROM FORCE MAJEURE. Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Parry's control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take al I reasonable measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Agreement. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Agreement to either Parry. In the case of any delay the Grantee believes is excusable under this paragraph, Grantee shall notify the Commission's Grant Manager in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (1 U) calendar days after the cause that creates or will create the delay first arose, if the Grantee could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Grantee first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. Tfir FOREGOING SHALL CONSTITUTE GRANTEE'S SOLE REMEDY OR ExcuSE WITH. RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. The Commission, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify the Grantee of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against the Commission. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from the Commission for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 16 of 18 Packet Pg. 238 8.M.1.a FWC Agreement No. 1402� ceased to exist, the Grantee shall perform at no increased cost, unless the Commission determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to the Commission or the State, in which case, the Commission may terminate the Agreement in whole or in part. 44. ENTIRE AGREEMENT. This Agreement with all incorporated attachments and exhibits represents the entire Agreement of the Parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the Parties hereto, unless otherwise provided herein. In the event of conflict, the following order of precedence shall prevail; this Agreement and its attachments, the terms of the solicitation and the Grantee's response to the solicitation. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK GOVERNMENTAL ENTITY Ver. July 8, 2014 Page 17 of 18 Packet Pg. 239 8.M.1.a FWC Agreement No. 14023 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. ST LUCIE COUNTY BOARD OF COUNTY FLORIDA FISH AND WILDLIFE COMMISSIONERS CONSERVATION COMMISSION SIGNATURE Name: Title: Date: SIGNATURE Name: Title: Date: Approved as to form and legality by FWC Attorney: SIGNATURE Name: Date: Attachments in this Agreement include the following: Attachment A Scope of Work Attachment S Certifications and Assurances Attachment C Requirements of the Federal and Florida Single Audit Acts Attachment D Federal Aid Compliance Requirements Attachment E Cost Reimbursement Contract Payment Requirements Attachment F Certification Regarding Debarment/Suspension for Subcontracts Attachment G Certification of Completion GOVERNMENTAL ENTITY Ver. July 8, 2014 rage 18 of 18 Packet Pg. 240 8.M.1.a Attachment A — SCOPE OF WORK Pra'ect Name: I St Lucie Coun Artificial Reef Construction 2015 F"Ili C Alyreel Jo. 14023 1. DESCRIPTION OF GOODS 1 SERVICES PROCURED, OR PROJECT WORKPLAN A. DESCRIPTION OF GOODS 1 SERVICES The objective of this activity is to construct a marine artificial reef by deploying at least 1,500 tons of clean concrete culverts, concrete railroad ties, concrete light poles, concrete storm water basins or other suitable concrete construction materials in ane patch reef within the St. Lucie County Offshore Artificial Reef permitted area. The patch reef will consist of artificial reef materials placed as a single pile (1,500 tons each) placed near the center of the permitted area at a depth of 130 feet. The artificial reef construction activity to be funded consists of the following elements'. MATERIALS Artificial reef materials must consist of a total of at least 1,500 tons of concrete culverts, clean concrete railroad ties, concrete light poles, concrete storm water basins, or other suitable concrete structures acceptable to the COMMISSION. All artificial reef materials shall be clean and free from asphalt, creosote, petroleum, or other hydrocarbons and toxic residues, loose free floating material or other deleterious substances. 2. For each barge load of artificial reef materials, the GRANTEE shall inventory all of the artificial materials, calculate the tonnage (either using before and after barge draft calculations, trucking receipts, or the known weights of individual pieces or reef modules), and take a representative photograph of the artificial reef material on the barge or other deployment vessel immediately prior to deployment. 3. The GRANTEE agrees to allow the COMMISSION to conduct on -site inspections of the artificial reef materials before, during, and after the deployment. LOADING AND TRANSPORTATION 4. Artificial reef materials will be loaded using a suitable means of conveyance for transportation to a staging area site and loading onto a barge or other suitable vessel for offshore transportation to the designated artifificial reef site. Offshore transportation shall be provided by a sufficiently powered transport or towing vessel, personnel, and all necessary equipment to transport the material offshore and deploy it. Reef material loaded on to the transporting vessel must be properly secured in compliance with Coast Guard standards to allow for its safe transport to the reef construction site. 5. The GRANTEE's Project Manager shall complete the FWC Artificial Reef Cargo Manifest form to be maintained onboard the vessel at all times during transport of materials, pursuant to Chapter 379.249, Florida Statutes. The form is available on the COMMISSION's website: http://www.myfwc.com/conservation/saltwater/artificial-reefs_ Version 1.0 — June 2013 Attachment A, Page 1 of 11 Packet Pg. 241 8.M.1.a Attachment A — SCOPE OF WORD Project Name: St Lucie County Artificial Reef Construction 2015 FWC Agreement No. 1 14023 DEPLOYMENT AND MATERIALS PLACEMENT During the deployment of the artificial reef material, the transport vessel must be effectively moored through double anchoring, be spudded down, or otherwise be held securely in place with minimal movement (+1-50 feet) to ensure accurate placement of the concrete patch reef on the bottom. Material must be arranged to provide habitat complexity as well as provide sand bottom forage area opportunities. Individual reef materials should not be widely scattered. Any machinery used to move and deploy the reef materials should be sufficiently powered/maneuverable and capably operated to ensure timely, effective and safe off-loading of materials. The tug or transport vessel shall meet all US. Coast Guard certification and safety requirements, be equipped with a working, accurate Global Positioning System (GPS) unit and other marine electronics including a working VHF radio. Effective and reliable communications shall exist at all times between the transport vessel, and the designated GRANTEE observer on site. Deployment operations will only be initiated when sea height in the operations area is no greater than two to four feet as forecast by the nearest NOAA weather office, Either the Commission's observer, the GRANTEE's observer or the subcontractor's vessel captain reserves the right to suspend off-loading operations if positioning and other deployment objectives, including safety of personnel and equipment, are not being met. 7. At least 1,500 tons of artificial reef concrete materials under this Agreement will be placed as one patch reef within the permitted area as specified in the deployment plan near the center of the permitted area at coordinates: 27' 23.892' N and 80' 02206' W in the St. Lucie County Offshore Site permitted area a depth of 130 feet. 8. The minimum vertical clearance of 50 ft. shall be maintained above the highest point of the reef material in the St. Lucie County Offshore Reef Site (in accordance with the special conditions of the US Army Corps of Engineers permit number SA]-2004- 1769 (MOD-LCK)). 9. The GRANTEE's Contract Manager or GRANTEE's designated official observer shall oversee the temporary marking of the reef deployment location in advance of reef materials deployment in order to assist the subcontractor in the proper placement of the artificial reef materials. The markers shall be buoys of sufficient size and color to be clearly visible to the tug captain, and sufficiently anchored and with sufficient scope so that they will not drift off the designated deployment site prior to deployment. The COMMISSION will not pay for materials placed outside the permit area as described above. Precise GPS placement of marker buoys that do not shift position with time are important to insure the reef is constructed within the permitted area. 10. The GRANTEE's Project Manager or GRANTEE's designated official observer shall remain on site during the entire deployment phase of the operation and confine the GPS coordinates of the individual placements as well as the maximum vertical relief of the constructed reefs using a fathometer after the reef construction has been completed. Version 1.0 —June 2013 Attachment A, Page 2 of 11 Packet Pg. 242 8.M.1.a Attachment A — SCOPE OF WORK Project Name: St Lucie County Artificial Reef Construction 2015 FWC A reement Nv. 14023 11. Both the GRANTEE and its subcontractor shall have on site current nautical charts of the deployment area, with the permitted site indicated on the chart. The proposed patch reef coordinates and the corner coordinates of the reef site will also he in possession of the GRANTEE's observer and the subcontractor when on site. The GRANTEE's observer shall also be in possession of a copy of the Army Corps permit for the area where the deployments are taking place. The GRANTEE shall be responsible for insuring that all permit condition terms are complied with. ALLOWABLE EXPENDITURES ASSOCIATED WITH THE REEF PROJECT 12. Funds from this Agreement may be expended on the activities listed pursuant to Chapter 68E-9.004(1)(a), F.A.C. No more than $5,000 or 10% (whichever is less) of project funds granted under the program may be expended for `engineering services'. Any funds required in excess of this amount must be provided by the applicant. See Chapter 68E-9.004(1)(a), F.A.C. for the complete list of eligible activities. 13. 1f the GRANTEE chooses to conduct a post -deployment SCUBA assessment at the deployment location(s) (this is not required, but is an eligible activity for reimbursement under Chapter 68E-9.004(1)(a), F.A.C.), in order to be eligible for reimbursement, work must be completed prior to the grant expiration date and the following items, at a minimum, must be included: a. Methods: name and type of vessel, anchored or live boated, type of GPS unit(s), divers, survey methods; b. Conditions: cloud cover, wind speed and direction, sea conditions, visibility, water temperature, currents; c. Chronology: dive plan, start and end of each dive, dive profile, maximum depth, dive time, distance and bearing searched; d. Coordinates: Describe the GPS unit(s) used to navigate to the site (model number). Describe whether differential or WAAS coordinates were recorded. Compare the dive locations to deployment location numbers. How well do they match the published numbers? e. Physical observations: Describe the number and size of material observed. What is the proximity of concrete pieces or modules to each other? What percent material was damaged or partially damaged? What is the maximum and minimum relief of the site? How do these observations compare to the Material Placement Report Form information submittal? f. Footprint area: Measure the approximate total area covered by each patch reef through standard in situ survey practices. g. Biological observations. Describe any fish observed, or other general biological observations. h. Video and photographs: Provide representative still and/or video footage of each deployment location (digital format preferred when available). LIABILITY AND RESPONSIBILITY FOR REEF MATERIALS 14_ Upon initiation of the handling and movement of these artificial reef materials by the GRANTEE's subcontractor, all liability, risk of loss and responsibility for the safe handling, storage, transportation and deployment of the materials shall be borne by Version 1.0 —June 2013 Attachment A, Page 3 of 11 Packet Pg. 243 8.M.1.a Attachment A — SCOPE OF WORK Pro'eet Natne: St Lucie CounY Artificial Reef Construction 2015 FWC Agreement Na. 1 14023 the subcontractor, This liability, assumption of risk and responsibility shall remain with the subcontractor until the materials are deployed at the permitted reef site in accordance with the specifications in this Agreement. B. BACKGROUND Chapter 379.249 Florida Statutes creates the Florida Artificial Reef Program to enhance saltwater opportunities and to promote proper management of fisheries resources associated with artificial reefs for the public interest. Under the program, the COMMISSION may provide grants and financial and technical assistance to coastal local governments, state universities, and nonprofit corporations qualified under s. 501(c)(3) of the Internal Revenue Code for the siting and development of artificial reefs as well as for monitoring and evaluating such reefs and their recreational, economic, and biological effectiveness. Chapter 68E-9 Florida Administrative Code defines the procedures for submitting an application for financial assistance and criteria for allocating available funds. The purpose of this rule is to govern the development of state and federally funded artificial reefs, the review and ranking of project applications eligible for funding, and the administration of funds from the Florida Artificial Reef Program. This artificial reef construction project was selected for funding by the COMMISSION based upon ranking of competitive applications submitted to the Artificial Reef Program pursuant to the criteria for allocating funds described in Chapter 68E-9, Florida Administrative Code. C. SUPPORT OF COMMISSION MISSION Construction of this artificial reef will augment marine hard bottom habitat with well -planned stable and durable artificial reefs for purposes of providing near shore reef fish habitat, offshore recreational fishing and diving opportunities, reduced pressure on natural reef and hard bottom sites, and reduced user conflicts by providing additional recreational fishing and diving site locations off of St Lucie County in the Gulf of Mexico. The proposed artificial reefs will make fisheries resources available for the long term benefit of local Florida residents and visitors. D. DEFINITIONS The terms and abbreviations used herein shall have the meanings as defined below. i. "Artificial reef' means one or more manufactured or natural objects intentionally placed on the bottom in predominantly marine waters to provide conditions believed to be favorable in sustaining, or enhancing the spawning, breeding, feeding, or growth to maturity of Florida's managed reef associated fish species as well as to increase the productivity of other reef community resources which support fisheries. Included in this definition are artificial reefs developed with one or more of the Version 1.0 -- June 2013 Attachment A, Page 4 of 11 r L Packet Pg. 244 8.M.1.a Attachment A — SCOPE OF WORK Project Naive: St Lucie county Artificial Reef Construction 2015 1 FWC A reement No. 14023 following additional objectives_ enhancement of fishing and diving opportunities, fisheries research, and fisheries conservation/preservation purposes. ii. "Permitted area" means an area with discrete boundaries inside of which one or more artificial reefs may be located and for which all required permits and authorizations have been obtained. These permits and authorizations include: artificial reef permits issued by the Florida Department of Environmental Protection and/or the Army Corps of Engineers and other permits, licenses, or authorizations required by any governing body. iii. "Staging area" means a land -based holding area for artificial reef material where such material is stored and prepared for transportation to an approved artificial reef site. 2. DELIVERABLES A. Deliverable #1 (Artificial Reef Construction) Construction of a marine artificial reef by deploying at least 1,500 tons of concrete culverts, clean concrete riprap, concrete road barriers, limestone boulders or other suitable concrete construction materials as one patch reef within the St. Lucie County Offshore Artificial Reef permitted area, The patch reef will consist of artificial reef materials placed as a single pile (1,500 tons) placed near the center of the permitted area at coordinates: 27' 23.892' N and 800 02.206' W. i. Minimum Level of Performance The artificial reef must be deployed within the boundaries of the permitted area and in compliance with all the applicable permits and authorizations associated with the permitted area. At a minimum, a total of at least 1,500 tons of clean concrete artificial reef material must be deployed in accordance with the specifications in this Agreement. il. Documentation / Criteria Used as Evidence of Performance 1. A Materials Placement Report shall be submitted to the COMMISSION's Project Manager within 30 days of field operations completion. The Materials Placement Report form is available on the COMMISSION's website at http://www.myfwc.com/conservation/saltwater/artificial-reefs/. The Materials Placement Report must have a certification signature and reflect an accurate material tonnage for the reef deployed as well as a detailed description of the type, number, dimensions and individual weights of the various sizes of reef materials deployed. This information may be submitted on the materials placement report in lieu of taking loaded and Version 1.0 — June 2013 Attachment A, Page 5 of 11 Packet Pg. 245 8.M.1.a Attachment A — SCOPE OF WORK Project Name: St Lucie Coup Artificial Reef Construction 2015 FWC regiment No.14023 unloaded barge measurements. If accurate individual weights of concrete units cannot be obtained or are not known, barge displacement measurements are required. The GRANTEE's Project Manager or GRANTEE's designee shall then record the waterline length, width and draft (to the nearest inch) of the loaded barge at all four (4) corners to calculate the average displacement of water due to the weight of the artificial reef materials. The same barge measurements must be taken by either the GRANTEE's Project Manager or GRANTEE's designee when the barge returns to shore after the deployment has been completed. These measurements may not be taken while the barge is offshore at the deployment site. The barge measurements are to be included in the Materials Placement Report. 2. A final field report providing the designated observer's narrative, for each day of the reef deployment operations, is required prior to reimbursement. The Feld report shall include a written chronology and narrative describing the deployment, and a performance evaluation of the marine subcontractors who performed the work. The final field report should include photos of the material and loaded barge prior to each deployment and, if available, underwater photographs and video footage (surface andlor underwater). Hi. Timeline for Completion All artificial reef construction must be completed by August 21, 2015. A one-time short term time extension of up to ten (10) days (through the Agreement end date of August 31, 2015) may be authorized in writing by the COMMISSION'S Contract Manager under the following conditions: a) documented hazardous weather and sea conditions do not allow for the safe deployment of reef materials offshore or, b) unanticipated documented equipment malfunction on the transport vessel or accompanying tug or at the shore -side loading area results in an unexpected short term delay. In both situations a) and b), the reef material must either he at the staging area ready for immediate loading on the transport vessel or already loaded and ready for transport and deployment as of August 21, 2015. Advance planning that avoids dependence on a favorable weather window during the final days of the project is strongly encouraged. All request for bid packages from the GRANTEE to subcontractors must include language that specifies a completion date that ensures all materials will be in the water by August 21, 2015. Subcontracts with completion dates even earlier than August 21, 2015 to provide an additional buffer are strongly encouraged_ Version 1.0 —June 2013 Attachment A, Page ( of 11 Packet Pg. 246 8.M.1.a Attachment A — SCOPE OF WORK Prn'ect Name: St Lucie Coun Artificial Reef Construction ZOlS FWC A reement No. 14023 3. FINANCIAL CONSEQUENCES A. If the GRANTEE fails to complete construction within the time frame specified by the Scope of Work, the budget amount allocated for that deliverable will be deducted from the Grantee's payment. B. The GRANTEE will not be eligible for reimbursement until all reports have been provided to the satisfaction of the COMMISSION documenting that all work has been completed in accordance with the Scope of Work, and in compliance with all permit conditions. 4. PERFORMANCE A. Written or electronically transmitted progress reports must be sent to the COMMISSION's Contract Manager at no less than 60 day intervals beginning from the date of execution of this agreement. B. The GRANTEE agrees to provide the COMMISSION with a minimum of five (5) days notice for any artificial reef construction that occurs as a result of this Agreement. C. The GRANTEE agrees to follow all provisions of Section 379.249, Florida Statutes and Chapter 6SE-9, Florida Administrative Code during the term of this Agreement. D. The GRANTEE agrees to comply with all applicable federal, state, and local statutes, rules and regulations in providing goods or services to the COMMISSION under the terms of this Agreement, including the general and special conditions specified in any permits issued by the Department of the Army, Corps of Engineers and/or the Florida Department of Environmental Protection. The GRANTEE further agrees to include this as a separate provision in all subcontracts issued as a result of this Agreement. E. This Agreement is funded in whole or in part by a grant from the U.S. Fish and Wildlife Service, Federal Aid in Sport Fish Restoration Program, CFDA No. 15.605. Therefore, the GRANTEE shall be responsible for complying with all federal grant requirements as provided in the grant, a copy of which is attached hereto and made a part hereof as Attachment D. It is understood and agreed that the GRANTEE is not authorized to expend any federal funds under this Agreement to a federal agency or employee without the prior written approval of the U.S. Fish and Wildlife Service. F. Funds from this Agreement may not be expended on salaries, training, or parts replacement or repairs to rented or contractor owned equipment. Documentation of expenses and survey reports must be submitted with the closeout package in order for reimbursement to be made. G. The GRANTEE agrees to acknowledge the role of the Federal Aid in Sport Fish Restoration Program funding in any publicity related to this Agreement. H. The GRANTEE shall be required to provide a minimum matching contribution of $5,350 of the total project costs in support of the COMMISSION's grant from the U.S. Fish and Wildlife Service_ Version 1.0 —June 2013 Attachment A, Page 7 of 11 Packet Pg. 247 8.M.1.a Attachment A — SCOPE OF WORK Project Name: St Lucie CountyArtificial Reef Construction 2015 FWC A reement No. 14023 1. The COMMISSION shall make payment to the GRANTEE for an amount of the total project eligible cost less the $5,350 match, not to exceed $60,000 of approved invoiced costs. The $5,350 of invoice costs not reimbursed by the COMMISSION shall represent the GRANTEE's matching contribution as required by the COMMISSION's grant from the U.S. Fish and Wildlife Service. 5. COMPENSATION AND PAYMENT A. COST REIMBURSEMENT The GRANTEE shall be compensated for a maximum of $60,000 on a cost reimbursement basis in accordance with the Cost Reimbursement Contract Payment Requirements as shown in the Department of Financial Services, "Reference Guide for State Expenditures" publication. The cost reimbursement requirements section of the Reference Guide is attached hereto and made a part hereof as Attachment E. The GRANTEE shall provide a minimum matching contribution of $5,350, B. INVOICE SCHEDULE A single final invoice may be submitted after completion of the deliverable and must be received by the COMMISSION no later than October 15, 2015 to assure availability of funds for payment. A timely reimbursement request following completion of actual field operations is strongly encouraged. C. TRAVEL EXPENSES No travel expenses are authorized under the terms of this Agreement. D. FORMS AND DOCUMENTATION 1. The GRANTEE shall submit a completed Materials Placement Report form along with the invoice and request for payment. The Materials Placement Report form is available on the COMAUSSION's website at: www.myfwc.com/conservation/saltwater/artificial-reefs. 6. MONITORING SCHEDULE A. The GRANTEE agrees to allow the COMMISSION to conduct on -site inspections of the artificial reef materials, staging area and construction site before, during, and after the deployment. B. No additional monitoring activities have been identified at this time; however, additional tasks may be identified during the pendency of this agreement. Version 1.0—June 2013 Attachment A, Page 8 of 11 Packet Pg. 248 8.M.1.a Attachment A — SCOPE OF WORK Project Name: I St Lucie CounLy Artificial Reef Construction 2015 1 FWC Agreement No. I 14023 7. INTELLECTUAL PROPERTY RIGHTS See Agreement for applicable terms and conditions related to the intellectual property rights. 8. SUBCONTRACTS A. The GRANTEE agrees to follow all requirements of Section 287.057, Florida Statutes, for the procurement of commodities or contractual services under this Agreement. The GRANTEE will obtain a minimum of three written quotes for any subcontracts required for Agreements in the amount of $35,000 or less, and the GRANTEE will publicly advertise and send bid specifications to a minimum of five (5) potential subcontractors for any subcontracts required for Agreements in excess of $35,000. B. The use of a vendor registered with the Statewide Negotiated Agreement Price Schedule (SNAPS) does not preclude the GRANTEE from the requirements of Paragraph A. C. The GRANTEE shall submit bid specifications to the COMMISSION 's Contract Manager for approval within ninety (99) days following the execution date of this Agreement. D. All bid specifications must be approved, in writing, in advance by the COMMISSION's Contract Manager, prior to public advertisement or distribution. E. Any request to use a sole source vendor by the GRANTEE must be requested and justified in writing and approved by the COMMISSION's Contract Manager prior to awarding a sole source subcontract under this Agreement. F. A summary of the vendor replies and recommended subcontractor must be sent by the GRANTEE to the COMMISSION's Contract Manager for written approval prior to the awarding of any subcontracts under this Agreement. G. Subcontracts for offshore transport and placement of artificial reef material shall be prepared such that upon initiation of the handling and movement of these artificial reef materials by the GRANTEE's subcontractor, all liability, risk of loss and responsibility for the safe handling, storage, transportation and deployment of the materials shall be borne by the subcontractor. This liability, assumption of risk and responsibility shall remain with the subcontractor until the materials are deployed at the permitted reef site in accordance with the specifications in this Agreement. H. A copy of this Agreement should be provided to all subcontractors and incorporated by reference in all subcontracts. The GRANTEE shall require all subcontractors to comply with all applicable provisions of this Agreement. [. Any subcontract arrangements must be evidenced by a written document available to the COMMISSION upon request. Version 1,0 —June 2013 Attachment A, Page 9 of 11. Packet Pg. 249 8.M.1.a Attachment A — SCOPE OF WORK Project Name: I St Lucie County Artificial Reef Construction 201 FWC regiment No. 14023 9. INSURANCE See Agreement for applicable terms and conditions related to insurance. 10_ SECURITY AND CONFIDENTIALITY See Agreement for applicable terms and conditions related to security and confidentiality. 11. RECORD KEEPING REQUIREMENTS See Agreement for applicable terms and conditions related to record keeping requirements. 12. NON -EXPENDABLE PROPERTY The GRANTEE is not authorized to use funds provided herein for the purchase of any non - expendable equipment or personal property valued at $1,000 or more for performance under this Agreement. 13. PURCHASE OR IMPROVEMENT OF REAL PROPERTY This Section is not applicable and intentionally left blank. 14. SPECIAL PROVISIONS FOR CONSTRUCTON CONTRACTS A. DRUG -FREE WORKPLACE Pursuant to Section 440.102(15), F.S., any construction contractor regulated under Parts [ and II of Chapter 489, F.S., who contracts to perform construction work under a state contract shall implement a drug -free workplace. B, CONTRACTOR ELIGIBILITY 1. The GRANTEE's subcontractors shall be certified by the Division of Construction Industry Licensing Board of the Florida Department of Business and Professional Regulation for the duration of this Contract, and shall provide evidence of such certification to the COMMSSION upon request. 2. [n accordance with Executive Order 12549, Debarment and Suspension, the GRANTEE shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and, that the GRANTEE shall not knowingly enter into any lower tier agreement, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing to the COMMISSION by the federal agency Version 1.0 —June 2013 Attachment A, Page 10 of 11 Packet Pg. 250 8.M.1.a Attachment A — SCOPE OF WORK Project Name: I St Lucie County Artificial Reef Construction 2015 1 FWC Agreement No. 14023 issuing the grant award. Upon execution of subcontracts funded by this Agreement, the GRANTEE shall require subcontractors to complete, sign and return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment F. As required by sentences I and 2 above, the GRANTEE shall include the language of this section, and Attachment F in all subcontracts or lower tier agreements executed to support the GRANTEE's work under this Agreement. C. PAYMENT BOND This Section is not applicable and intentionally left blank. D. PERFORMANCE BOND This Section is not applicable and intentionally left blank. E. CERTIFICATE OF CONTRACT COMPLETION The Grantee will be required to complete a Certificate of Completion form (Attachment G) when all work has been completed and accepted_ This form must be submitted to the COMMISSION'S Contract Manager with the GRANTEE's invoice for payment to be authorized. The COMMISSION's Contract Manager shall submit the executed form with the invoice to Accounting Services. F. CERTIFICATE OF PARTIAL PAYMENT This Section is not applicable and intentionally left blank. G. GRANTEE PAYMENTS TO SUBCONTRACTOR Grant Agreement No. 14023, Section 15, B, "Grantee Payments to Subcontractor" is hereby amended to read as follows: If subcontracting is permitted pursuant to Paragraph A, above, the Grantee agrees to make payments to the subcontractor within thirty (30) working days after receipt of full or partial payments from the Grantee in accordance with Section 287.0585, F.S., unless otherwise stated in the agreement between the grantee and subcontractor. Grantee's failure to pay its subcontractors within thirty (30) working days will result in a penalty charged against the Grantee and paid to the subcontractor in the amount of one-half of one (1) percent of the amount due per day from the expiration of the period allowed herein for payment. Such penalty shal I be in addition to actual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due. Version 1.0 —June 2013 The remainder of this page intentionally left blank. Attachment A, Page 11 of I Packet Pg. 251 8.M.1.a FWC Agreement No_ 14023 Attachment B CERTIFICATIONS AND ASSURANCES The Commission will not enter this Agreement unless Grantee completes the CERTIFICATIONS AND ASSURANCES contained in this Attachment. In performance of this Agreement, Grantee provides the following certifications and assurances: A. Debarment and Suspension Certification (2 CFR Part 1400) B. Certification Reeardine Lobbvine (31 U.S.C. 1352) C. Certification Regarding Public Entity Crimes section 287.133 F.S. D. _Certificativn Regarding Drug -Free Workplace Requirements (41 U.S.C. 701 et. seg.) (as applicable to recipients and subrecipients of federal financial assistance) E. Certification Reeardine the Scrutinized Companies List (section 287.135, F.S.) (as applicable) A. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS — PRIMARY COVERED TRANSACTION. The undersigned Grantee certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal department or agency; 2. Have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph A.2. of this certification; and/or 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, Stage, or local) terminated for cause of default. If Grantee is unable to certify to any of the statements in this certification, Grantee shall attach an explanation to this Agreement. B. CERTIFICATION REGARDING LOBBYING — Certification for Contracts, Grants, Loans, and Cooperative Agreements. The undersigned Grantee certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of Congress, or an Ver. September 2013 Attachment 13, Page I of 4 Packet Pg. 252 8.M.1.a FWC Agreement No. 14023 employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employees of Congress, or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative agreement, the undersigned shall also complete and submit Standard Form — LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that language of this certification be included in the documents for all subcontracts at all tiers (including subcontracts, sub -grants and contracts under grants, loans and cooperative agreements) and that all sub -recipients and contractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Grant was made or entered into. Submission of this certification is a prerequisite for making or entering into this Agreement imposed by 31 U.S.C. 1352. 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. C. CERTIFICATION REGARDING PUBLIC ENTITY CRIMES, SECTION 287.133, F.S. Grantee hereby certifies that neither it, nor any person or affiliate of Grantee, has been convicted of a Public Entity Crime as defined in section 287,133, F.S., nor placed on the convicted vendor list. Grantee understands and agrees that it is required to inform the Commission immediately upon any change of circumstances regarding this status. D. CERTI[FICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS (If Grantee is a Recipient of Subrecipient of Federal Financial Assistance) Pursuant to the Drug -Free Workplace Act of 1988, the undersigned attests and certifies that the Grantee (if not an individual) will provide a drug -free workplace by the following actions: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in Grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. Establishing an ongoing drug -free awareness program to inform employees concerning: a. The dangers of drug abuse in the workplace. b. The policy of maintaining a drug -free workplace. c. Any available drug counseling, rehabilitation and employee assistance programs. d. The penalties that may be unposed upon employees for drug abuse violations occurring in the workplace. 3. Making it a requirement that each employee to be engaged in the performance of the Agreement be given a copy of the statement required by paragraph D.1. of this certification. 4. Notifying the employee in the statement required by paragraph D.1. of this certification that, as a condition of employment under the Agreement, the employee will: Ver. September 2013. Attachment B, Page 2 of 4 Packet Pg. 253 8.M.1.a FWC Agreement No. 14023 a. Abide by the terms of the statement. b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction. 5. Notifying the Commission in writing ten (1 Q) calendar days after receiving notice under subparagraph 4.b. from an employee or otherwise receiving actual notice of such conviction. Provide such notice of convicted employees, including position title, to every Grant Manager on whose Grant activity the convicted employee was working. The notice shall include the identification number(s) of each affected Contract or Grant. 6. Taking one of the following actions, within thirty (34) calendar days of receiving notice under subparagraph 4.b, herein, with respect to any employee who is so convicted: a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973 as amended. b. Requiring such employee to participate satisfactorily in drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local, health, law enforcement, or other appropriate agency. 7. Making a good faith effort to continue to maintain a drug -free workplace through implementation of this entire certification. If the Grantee is an individual, the Grantee certifies that: 1. As a condition of the grant, Grantee will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and, 2. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, Grantee will report the conviction, in writing, within 14 calendar days of the conviction, to the Commission. When notice is made to such a central point, it shall include the identification number(s) of each affected grant. E. CERTIFICATION REGARDING the SCRUTINIZED COMPANIES LISTS, SECTION 287.135, F.S. If this Grant is in the amount of $1 million or more, in accordance with the requirements of section 287.135, F.S., Grantee hereby certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to section 215.473, F.S. Grantee also hereby certifies that it is not engaged in business operations in Cuba or Syria. Grantee understands that pursuant to section 287.135, F.S., the submission of a false certification may subject Grantee to civil penalties, attorney's fees, and/or costs. If Grantee is unable to certify to any of the statements in this certification, Grantee shall attach an explanation to this Grant. Ver. September 2013 Attachment B, Page 3 of 4 Packet Pg. 254 8.M.1.a FWC Agreement No. 14023 By signing below, Grantee certifies the representations outlined in parts A through E above are true and correct. (Signature and Title of Authorized Representative) Grantee Date (Street) (City, State, ZIP Code) Ver. September 2013 Attachment B, Page 4 of 4 Packet Pg. 255 8.M.1.a FWC Agreement No. 14023 Attachment C AUDIT REQUIREMENTS The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Contractor may be subject to audits and/or monitoring by the Commission as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), the Commission may conduct or arrange for monitoring of activities of the Contractor. Such monitoring procedures may include, but not be limited to, on -site visits by the Commission staff or contracted consultants, limited scope audits as defined by OMB Circular A- 133, as revised, and/or other procedures. By entering into this Contract, the Contractor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. The Contractor further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Florida Department of Financial Services or the Florida Auditor General. AUDITS PART I: FEDERALLY FUNDED A. This part is applicable if the Contractor is a State or local government or a non-profit organization as defined in OMB Circular A-] 33, as revised. B. In the event that the Contractor expends $500,000 or more in Federal awards in its fiscal year, the Contractor must have a single or program -specific audit conducted in accordance with the provisions of the Federal Single Audit Act of 1996 and OMB Circular A-133, as revised. EXHIBIT 1 to this Attachment indicates Federal resources awarded through the Commission by this Contract. In determining the Federal awards expended in its fiscal year, the Contractor shall consider all sources of Federal awards, including Federal resources received from the Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Contractor conducted by the Auditor General in accordance with the provisions of OMB Circular A-] 33, as revised, will meet the requirements of this part. C. In connection with the audit requirements addressed in Part 1, paragraph A. herein, the Contractor shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. This includes, but is not limited to, preparation of financial statements, a schedule of expenditure of Federal awards, a summary schedule of prior audit findings, and a corrective action plan- D. Such audits shall cover the entire Contractor's organization for the organization's fiscal year. Compliance findings related to contracts with the Commission shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the Contract. The financial statements shall disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the Commission shall be fully disclosed in the audit report with reference to the Commission contract involved. Additionally, the results from the Commission's annual financial monitoring reports trust be included in the audit procedures and the OMB A-133 audit reports. Ver. June 2013 Attachment C, Page 1 of 6 Packet Pg. 256 8.M.1.a 1F'WC Agreement No. 14023 E. If not otherwise disclosed as required by section .310(b)(2) of OMB Circular A-133, as revised, the schedule of expenditures of Federal awards shall identify expenditures by contract number for each contract with the Commission in effect during the audit period. F. If the Contractor expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Contractor expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Contractor's resources obtained from other -than Federal entities). G. A web site that provides links to several Federal Single Audit Act resources can be found at: http://harvester-census.gov/sac/sainfo.htm] PART II: STATE FUNDED This part is applicable if the Contractor is a non -state entity as defined by Section 215.97, F.S., (the Florida Single Audit Act). A. In the event that the Contractor expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such Contractor, the Contractor must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Executive Office of the Governor and the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Commission by this Contract. In determining the state financial assistance expended in its fiscal year, the Contractor shall consider all sources of state financial assistance, including state financial assistance received from the Commission, other state agencies, and other non -state entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a non -state entity for Federal program matching requirements. B. In connection with the audit requirements addressed in Part II, paragraph A herein, the Contractor shall ensure that the audit complies with the requirements of section 215.97(7), F.S. This includes submission of a financial reporting package as defined by section 215.97(2)(d), F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. C. If the Contractor expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of section 21597, F.S., is not required. In the event that the Contractor expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the Contractor's resources obtained from other -than State entities). D. Additional information regarding the Florida Single Audit Act can be found at: https-i/apps.fldfs.com/fsaa/singleauditact.aspx. Ver. June 2013 Attachment C, Page 2 of 6 Packet Pg. 257 8.M.1.a FWC Agreement No. 14023 PART III: REPORT SUBMISSION A. Copies of reporting packages, to include any management letter issued by the auditor, for audits conducted in accordance with OMB Circular A-133, as revised, and required by Part I of this Attachment shall be submitted by or on behalf of the Contractor directly to each of the following at the address indicated: 1. The Commission at the following address: Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 2. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse): Federal Audit Clearinghouse Bureau of the Census 1201 East 10* Street Jeffersonville, IN 47132 3. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. B. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by Part 1 of this Attachment (in correspondence accompanying the audit report, indicate the date that the Contractor received the audit report); copies of the reporting package described in Section .320 (d), OMB Circular A-133, as revised, and any management letters issued by the auditor; copies of reports required by Part Il of this Attachment must be sent to the Commission at the addresses listed in paragraph c.) below. C. Copies of financial reporting packages required by Part 1I of this Attachment, including any management letters issued by the auditor, shall be submitted by or on behalf of the Contractor directly to each of the following: 1. The Commission at the following address: Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 Ver_ June 2013 Attachment C, Page 3 of 6 Packet Pg. 258 8.M.1.a FWC Agreement No. 14023 2) The Auditor General's Office at the following address: Auditor General's Office G74 Claude Pepper Building 111 West Madison Street Tallahassee, FL 32399-1450 D. Any reports, management letter, or other information required to be submitted to the Commission pursuant to this Contract shall be submitted timely in accordance with OMB Circular A-]33, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. Contractors and sub -contractors, when submitting financial reporting packages to the Commission for audits done in accordance with OMB Circular A-]33 or Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Contractor/sub-contractor in correspondence accompanying the reporting package. Ver, June 2013 The remainder of this page intentionally left hlank Attachment C, Page 4 of 6 Packet Pg. 259 8.M.1.a FWC Agreement No. 14023 Exhibit ] FEDERAL AND STATE FUNDING DETAIL FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal P rams Funds CFDA # CFDA Title Amount 15.605 Federal Aid in Sport Fish Restoration Program $40,000 Total Federal Awards $40,000 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Federal Poo rams Com iance Requirements -_-- _ CFDA # Cam liance Requirements 15.605 1. Only the goods and/or services described within the attached Agreement and Attachment A Scope of Work are eligible expenditures for the funds awarded. 2. All provisions of Section 379.249, Florida Statutes and Rule 68E-9, Florida Administrative Code must be complied with in order to receive funding under this Agreement. 3. The Grantee must comply with the requirements of all applicable laws, rules or regulations relating to this artificial reef project. 4. 5_ The Grantee shall be required to provide a matching contribution of the total project costs (a minimum of $5,350.00) in support of the Commission's grant from the U.S. Fish and Wildlife Service. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO TENS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Matching Funds Provided by CFDA CFDA # CFDA Title Amount of Matching Funds n/a none n/a Total Matching Funds Associated with Federal Programs n/a Ver. June 2013 Attachment C, Page 5 of b Packet Pg. 260 8.M.1.a FWC Agreement No. 14023 SUBJECT TO SECTION 215.97 FLORIDA STATUTES: State Project(s) CSFA # CSFA Title Amount 77-007 Florida Artificial Reef Program $20,000 Total State Awards $20,000 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: State Projects Compliance Requirements CSFA # Compliance Reg uirements 77-007 1. Only the goods and/or services described within the attached Agreement and Attachment A Scope of Work are eligible expenditures for the funds awarded. 2. All provisions of Section 379.249, Florida Statutes and Rule 68E-9, Florida Administrative Code must be complied with in order to receive funding under this Agreement. 3. The Grantee must comply with the requirements of all applicable laws, rules or regulations relating to this artificial reef project. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5), Florida Statutes, require that the information about Federal Programs and State Pro3ects included in Exhibit 1 be provided to the recipient. Ver. June 2013 The remainder of this page intentionally left blank. Attachment C, Page 6 of 6 Packet Pg. 261 8.M.1.a FWC Agreement No14023 Attachment D State Grant Programs Part 523 Federal Aid Compliance Requirements Chapter 1 Summary 523 FW 1.1 1.1 Purpose. The purpose of this chapter is to summarize guidance on those requirements generally applicable to grant programs. 1.2 Applicability and Scope. in accepting Federal funds, States and other grantees must comply with all applicable Federal laws, regulations, and policies. This chapter is not ail -inclusive. Exclusion of any specific requirement does not relieve grantees of their responsibility for compliance. Copies of reference materials can be obtained from the Regional Offices, Guidance on the following requirements is contained in this chapter. A. Nondiscrimination Requirements. - Title VI of the Civil Rights Act of 1964 Section 504 of the Rehabilitation Act of 1973 - Age Discrimination Act of 1975 - Title IX of the Education Amendments of 1972 B. Environmental Requirements. - Coastal Zone Management Act of 1972 - Executive Order 11987, Exotic Organisms - Endangered Species Act of 1973 - National Environmental Policy Act of 1969 - Floodplains and Wetlands Protection - Animal Welfare Act of 1985 - Coastal Barriers Resources Act of 1982 C. Historic and Cultural Preservation Requirements. - National Historic Preservation Act of 1966 D. Administrative Requirements. - Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Debarment and Suspension Drug -Free Workplace Act of 1988 Restrictions on Lobbying (P.L. 101-121) 1.3 Title VI of the Civil Rights Act of 1954 (42 U.S.C. 2000(d)). A. Summary. Prohibits discrimination based on race, color, or national origin in any "program or activity receiving Federal financial assistance." B. References. (1) Regulations of the Department of the Interior (43 CFR Part 17) (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements (3) U.S. Fish and Wildlife Service Federally Assisted Program Implementation Plan C. Requirements. (1) Grantees may not, on the basis of race, color, or national origin, select, locate, or operate project facilities which will serve to exclude or limit opportunity for use or benefits. Attachment D, Page 1 of 9 Packet Pg. 262 8.M.1.a FWC Agreement No14023 (2) Grantees shall make reasonable efforts to inform the public of opportunities provided by Federal Aid projects and shall inform the public that the projects are subject to Title VI compliance. (3) Though employment practices are not in themselves subject to Title VI, Title VI does apply to employment which may affect the delivery of services to beneficiaries of a federally assisted program. For the purpose of Title VI, volunteers or other unpaid persons who provide services to the public are included. 1 A Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 795) A. Summary. Ensures that no qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. B. References. (1) Regulations of the Department of the Interior (43 CFR Part 17) (2) U3. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements (3) U.S. Fish and Wildlife Service Federally Assisted Program Implementation Plan C. Requirements. (1) Grantees may not deny a qualified handicapped person the opportunity to participate in or benefit from Federal Aid project facilities or services afforded to others. (2) Grantees may not deny a qualified handicapped person the opportunity to participate as a member of a planning or advisory board. (3) The location of facilities shall not have the effect of excluding handicapped persons from, deny them the benefits of, or otherwise subject them to discrimination under any Federal Aid project. 1.5 Age Discrimination Act of 1975 (42 U.S.C. 6101) A. Summary. Prohibits discrimination on the basis of age in programs or activities receiving Federal financial assistance. B. References. (1) Regulations of the Department of the Interior (43 CFR Part 17) (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements (3) U.S. Fish and Wildlife Service Federally Assisted Program Implementation Plan C. Requirements. No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. However, a grantee is permitted to take an action otherwise prohibited if the action reasonably takes into account age as a factor necessary to the normal operation or achievement of any statutory objective of a program or activity. 1.6 Title IX of the Education Amendments of 1972 (20 U.S.C. 1681, et.seq.) A. Summary. Prohibits discrimination on the basis of sex in any education program receiving Federal financial assistance. Attachment D, Page 2 of 9 Packet Pg. 263 8.M.1.a FWC Agreement Not4D23 B. References. (1) Regulations of the Department of the Interior (43 CFR Part 17) (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements C. Requirements, No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program receiving Federal financial assistance. For the purpose of Title IX, hunter education and aquatic education project activities are considered education programs. 1.7 Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et. seq.) A. Summary. The Act is intended to, "preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation's coastal zone..." B. References. Regulations of the Department of Commerce (15 CFR 930). C. Requirements. Federal Aid projects, which would "significantly affect the coastal zone" must be consistent with the approved State management programs developed under the Act. Prior to submitting a Grant Proposal for a project in the coastal zone of a State with an approved Coastal Zone Management Program, the proposed project must be reviewed for consistency with the management plan. Grantees may be required to submit a statement attesting to conformance with the Coastal Zone Management Plan. 1.8 Exotic Organisms Executive Order 11987 A. Summary. Federal agencies shall discourage the States from introducing exotic species into natural ecosystems of the United States. In addition, Federal agencies will restrict the use of Federal funds for the purpose of introducing exotic species into ecosystems outside of the United States. B. References. Executive Order 11987, Exotic Organisms, 42 FIR 26949 (May 25, 1977) C. Requirements. (1) Any proposal for the introduction of an exotic species into a natural ecosystem by a State fish and wildlife agency must include a biological opinion from the U.S. Fish and Wildlife Service supporting the proposed introduction. (2) To obtain a biological opinion, the State agency shall provide the Regional Director with a written request for the opinion together with any available information including, but not limited to, NEPA documents, biological data, and project plans. (3) After receiving a biological opinion, it will be the responsibility of the State agency to adhere to the recommendations outlined in that opinion. 1.9 Endangered Species Act of 1973 (16 U.S.C. 1531-1534). A. Summary. Actions funded under the Federal Aid programs must not jeopardize the continued existence of any endangered or threatened species, or result in the destruction or adverse modification of the habitat of the species. B. Reference. Section 7 Consultation Requirements, 43 FIR 870 (Jan, 4, 1978). C. Requirements. The Regional Director must ensure that Federal Aid projects are not likely to jeopardize the continued existence of endangered or threatened species or result in the Attachment D, Page 3 of 9 Packet Pg. 264 8.M.1.a FWC Agreement No14023 destruction or adverse modification of critical habitat. For projects which may affect an endangered or threatened species, either beneficially or adversely, a formal Section 7 consultation is necessary. The State is required to name the listed species and/or critical habitat included; list the name, description, and location of the area; list objectives of the actions; and provide an explanation of the impacts of the actions on a listed species or its critical habitat. 1.10 National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347). A. Summary. Requires that every proposed Federal action be examined to determine the effects (beneficial or adverse) it will have on the human environment and that the findings be considered in decisions regarding its implementation. B. References. (1) Regulations of the Council on Environmental Quality implementing the procedural provisions of NEPA, (40 CFR 1500-1508). (2) Departmental Manual, Environmental Quality, Part 516. (3) Fish and Wildlife Service Manual, National Environmental Policy Act, Part 550. (4) National Environmental Policy Act Handbook for Federal Aid Projects. The Assistant Director -Fish and Wildlife Enhancement is authorized to promulgate the National Environmental Policy Act Handbook for Federal Aid Projects. C. Requirements. Each action proposed for Federal funding must include an Environmental Assessment (EA), Environmental Impact Statement (EIS), or show that the proposed activity is covered by one or more categorical exclusions. For specific requirements and procedures, see National Environmental Policy Act {NEPA} Handbook for Federal Aid Projects. 1.11 Ploodplains and Wetlands Protection. A. Summary. Federal Aid funds may not be used for projects affecting floodplains or wetlands unless there is no practical alternative outside the floodplain or wetland and only if actions are taken to minimize the adverse effects. B. References. (1) Executive Order 11988, Flcodplain Management, 42 FIR 26951 (May 25, 1977). (2) Executive Order 11990, Protection of Wetlands, 42 FIR 26961 (May25, 1977). (3) Department of interior Procedures for Implementation, 520 DM 1. (4) Natural Resources Protection, 613 FW. C. Requirements. The Executive orders on floodplains and wetlands require Federal agencies to review proposed actions to ensure that there are no practical alternatives outside the floodplain or wetland, and to ensure that potential harm is minimized. If there are no practical alternatives to proposed projects in floodplains or wetlands, actions to minimize the adverse effects should be incorporated into the project plans. 1.12 Animal Welfare Act of 1985 7 U.S.C. 2131, et seq. A. Summary. Requires the humane treatment of animals (exclusive of fish) used in research, experimentation, testing, and teaching. B. References. Regulations of the Department of Agriculture, Animal and Plant Health inspection Service (APHIS), 9 CFR Parts 1, 2 and 3 (54 FIR 36112 (Aug_ 31, 1989). Attachment D, Page 4 of 9 Packet Pg. 265 8.M.1.a F W C Agreement No] 4023 C. Requirements. Grantees who use Federal Aid funds to conduct covered management or research or who engage in interstate shipment of animals should contact the local Animal and Plant Health Inspection Service (APHIS) office for instructions. A list of the APHIS offices may be obtained from the Regional Offices. 1.13 Coastal Barriers Resources Act of 1982 (16 U.S.C. 3501), as amended by the Coastal Barrier Improvement Act of 1990 (P.L. 101-591) A. Summary. The purpose of the Acts are "...to minimize the loss of human life, wasteful expenditure of Federal revenues and damage to fish and wildlife, and other natural resources associated with coastal barriers..." B. References. U.S. Fish and Wildlife Service Advisory Guidelines, 48 FIR 45664 (Oct. 6, 1983). C. Requirements. Activities conducted within a unit of the Coastal Barrier Resources System must meet the requirements of section 6 of the Act. Section 6 requires consultation with the Service, via the appropriate Regional Office. 1.14 National Historic Preservation Act of 1966 16 U.S.C. 470. A. Summary. Federal agencies may not approve any grant unless the project is in accordance with national policies relating to the preservation of historical and cultural properties and resources. B. References. (1) National Register of Historic Places (36 CFR 60). (2) The Archeological and Historic Preservation Act of 1974, 16 U.S.C. 469a. (3) Procedures for the Protection of Historic and Cultural Properties (36 CFR 800). (4) Determinations of Eligibility for Inclusion in the National Register of Historic Places (36 CPR 63). (5) Criteria for Comprehensive Statewide Historic Surveys and Plans (36 CFR 61). (6) Cultural Resources Protection, 614 FW. C. Requirements. (1) States must consult with the State Historic Preservation Officer (SHPO) for those activities or projects that are defined as undertakings under the National Historic Preservation Act. An undertaking is defined as a project, activity, or program that can result in changes in the character or use of properties that are listed on or potentially eligible for listing on the National Register of Historic Places (National Register) and located within the project's area of potential effect. Undertakings include new and continuing projects, activities, or programs and any of their elements not previously considered under Section 106 of the National Historic Preservation Act. (2) In cases where a Federal Aid project has been determined to be an undertaking, the State must notify the appropriate Service Regional Director for guidance on how to proceed with Section 106 compliance. Based on the results of the consultation between the State and SHPO, the Service will determine the need and level of inventory to identify historic properties that may be affected by the undertaking and to gather sufficient information to evaluate whether these properties are listed or are eligible for listing in the National Register. (3) Where completed inventories indicate that identified historic properties may be affected by the undertaking, the State shall be responsible for submitting the necessary documentation to the appropriate Regional Director for review. As necessary, the Service shall seek Attachment D, Page 5 of 9 Packet Pg. 266 8.M.1.a FWC Agreement Not4023 determinations of eligibility for those properties that are to be affected by the proposed activity. (4) If a State is advised by the SHPO that an undertaking will adversely affect a property that is eligible for or listed on the National Register. the State shall ask the appropriate Regional Director to determine measures for mitigating or avoiding impacts. This may require the development of a memorandum of agreement among the Service, State, and State Historic Preservation Officer to address specific measures that will be employed to avoid or minimize adverse effects to historic properties located within the area of potential effect. Adverse effects that may diminish the character and integrity of historic properties include (a) Physical destruction, damage, or alteration of all or part of the property; (b) isolation of the property from or alteration of the character of the property's setting when that character contributes to the property's qualification for the National Register of Historic Places; (c) Introduction of visual, audible, or atmospheric elements that are out of character with the property or alter its setting; (d) Neglect of a property resulting in its deterioration or destruction; and (e) Transfer, lease, or sale of the historic property. (5) If a previously unknown property that is eligible for listing on the National Register is discovered at any time during the implementation period of a Federal Aid project, the Regional Director must be notified and all actions which may adversely effect it must be suspended. The Service shall provide the State with instructions on how to proceed. 1.15 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601) A. Summary. Federal agencies may not approve any grant unless the grantee provides Assurances that it will comply with the Act. Prices to be paid for lands or interests in lands must be fair and reasonable (except when the price is fixed by law, or when the lands are to be acquired at public auction or by condemnation and the value determined by the court). Persons displaced from their homes, businesses, and farms must receive relocation services, compensation, and fair equitable treatment. B. References. (1) Department of interior Uniform Relocation Assistance and Real Property Acquisition Regulations (41 CFR 114-50)_ (2) Department of Transportation Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs (49 CFR Part 24), C. Appraisal Requirements. (1) A real property owner or his designated representative must be contacted prior to malting an appraisal and given an opportunity to accompany the appraiser during inspection of the property. The fact that it occurred must be documented in project files and in the appraisal report. (2) Real property must be appraised, the appraisal report reviewed, and the fair market value established prior to initiation of negotiations with the owner. (3) If the acquisition of only part of a property will leave the owner with an uneconomic remnant, the State or other grantee must offer to buy the whole property. The term "uneconomic remnant" applies only to Title III of the Act and the necessity of the acquiring agency to offer to purchase such a remainder or the entire property. It is not to be construed with the term "uneconomic unit" as it applies to the in -lieu payment of farm operations under Title II of the Act. Attachment D, Page 5 of 9 Packet Pg. 267 8.M.1.a FWC Agreement No14023 D. Negotiation Requirements. (1) An owner or his designated representative must be provided, in person or by certified mail, a written statement of just compensation as determined in the appraisal process. Offers of compensation cannot be less than the approved appraisal of fair market value of such property. If only a portion of the owner's property is being taken and the owner is left with an uneconomic remnant, the agency must offer to buy the whole property. (2) Reimbursement to a real property owner for costs to convey a title must include (a) Recording fees, transfer taxes, and similar costs; (b) Penalty cost for prepayment of pre-existing recorded mortgage; and (c) Pro-rata portion of real property taxes allocable to a period subsequent to the date of vesting title. (3) All displaced persons (owners and tenants) must be provided information on their relocation benefits. E. Relocation Assistance to Displaced People. (1) A relocation plan must be prepared for displaced persons so that problems associated with displacement of individuals, families, businesses, farms and nonprofit organizations are known at an early stage in a project's development (see 49 CFR 24.205). Planning may involve the following (a) Who and what will be displaced. (b) The estimated number of dwellings, businesses, farms, and nonprofit organizations displaced, including rentals. This estimate should contain (i) Currently available replacement housing, businesses, farm, and organization sites; (ii) Approximate number of employees affected; (iii) Types of buildings, number, and size of rooms; (iv) The needs of those displaced (i.e. lifestyle),, and (v) Type of neighborhood, distance to community facilities, church, etc. (c) List of comparable replacement dwellings, including rentals, available on the market within a 54-mile radius (specialized units may require expanding radius). When an adequate supply of comparable housing is not expected to be available, consideration of Housing of the Last Resort actions should be instituted. (d) Estimate of cost of replacement housing by purchase and/or rental per displaced person, and consideration of special needs like the elderly or handicapped. (e) Estimate of cost for moving. (2) Advisory Services for Displaced People. Advisory services must be provided for all persons occupying property to be acquired and for all persons who use such real property for a lousiness or farm operation. Eligibility requirements and corresponding benefits must be explained to all displaced persons. Assistance must be provided to persons completing claim forms, obtaining moving services, and obtaining proper housing. (3) Payment for Relocation of Displaced Persons, Relocation expenses must be paid to a displaced person who purchases and occupies a replacement dwelling. Moving and related expenses will be provided to displaced persons residing on real property including those persons owning a business or a farm. All payments must comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Attachment D, Page 7 of 9 Packet Pg. 268 8.M.1.a FWC Agreement No] 4023 1.16 Debarment and Suspension A. Summary. Executive Order 12549, Debarment and Suspension, directs that persons debarred or suspended by one Federal agency from receiving grants may not receive grants from any Federal agency- S. References. (1) Executive Order 12549, debarment and Suspension, Feb. 18, 1986. (2) Department of Interior Rules, Governmentwide Debarment and Suspension (Nonprocurement), 43 CFR 12.100 - 12.510 C. Requirements. (1) States and other grantees must submit the certification for Primary Covered Transactions (DI-1953). States certify as to their "principals", not the State agency. State principals are commissioners, directors, project leaders, or other persons with primary management or supervisory responsibilities, or a person who has a critical influence on or substantial control over Federal Aid projects. States may provide the certification annually. Other grantees must provide the certification with each Application for Federal Assistance. (2) States and other grantees must obtain from their subgrantees and contractors a certification for Lower Tier Covered Transactions (Di-1954). A certification is not required for small purchase procurements, currently defined as less than $25,000. These certifications are normally provided with an application or proposal from a subgrantee or contractor. (3) States and other grantees must not make any award, either by subgrant or contract, to any party which is debarred or suspended or is otherwise ineligible under provisions of Executive Order 12549. The U.S. General Services Administration maintains a list of parties debarred, suspended, ineligible or excluded from participation in Federal grants under the provision of the Executive order. A copy of this list is available, upon request, from the Regional Director. 1.17 Drug -Free Workplace Act of 1988. A. Summary. The Drug -Free Workplace Act requires that all grantees certify that they will maintain a drug -free workplace. B. References. Department of Interior Rules, Drug -Free Workplace Requirements, 43 CFR 12-600-635. C_ Requirements. Grantee organizations must (1) Establish (and publish) a policy that informs employees that the manufacture, distribution, possession, or use of a controlled substance in the workplace is prohibited; (2) Establish an awareness program to inform employees of the dangers of drug abuse in the workplace; and (3) Provide a drug -free workplace certification to the Department of Interior or U.S. Fish and Wildlife Service. The forms for providing the certification are available from the Regional Director. State agencies may certify annually. if the State agency is covered by a consolidated certification for all State agencies, a copy of the consolidated certification should be submitted to the Regional Director. (The original is retained by the State.) Grantees other than State agencies must submit the certification with each Grant Agreement, Attachment D, Page 8 of 9 Packet Pg. 269 8.M.1.a FWC Agreement No14023 1.18 Restrictions on Lobbying (P.L. 101-121) A. Summary. Prohibits the use of Federal appropriated funds for lobbying either the executive or legislative branches of the Federal Government in connection with a specific contract, grant, loan, or cooperative agreement. B. References. Department of the Interior Rules, 43 CFR Part 18, New Restrictions on Lobbying. C. Requirements. (1) Recipients of Federal grants are prohibited from using Federal appropriated funds, e.g. grants, to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, or an employee of a member of Congress in connection with a specific contract, grant, loan, or cooperative agreement. (2) Proposals for grants in excess of $100,000 must contain a certification that no part of the funds requested will be used for lobbying. Copies of the certification form, Form DI-1963, can be obtained from the Regional Offices. (3) Recipients of grants in excess of $100,000 must file a disclosure form on lobbying activities conducted with other than Federal appropriated funds. Form SF-LLL and SF-LLL-A, Continuation Sheet, shall be used for this purpose. Copies of the forms can be obtained from the Regional Offices, Attachment D, Page 9 of 9 Packet Pg. 270 8.M.1.a FWC Agreement No. 14023 Attachment E COST REIMBURSEMENT CONTRACT PAYMENT REQUIREMENTS Pursuant to the February, 2011 Reference Guide for State Expenditures published by the Department of Financial Services, invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). In addition, supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of supporting documentation: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: 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 or electronic means. (4) Other direct costs. Reimbursement will be made based on paid invoicesireceipts. if nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A- 1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (.5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. Additionally, the invoice or submitted documentation must evidence the completion of all tasks required to be performed for the deliverable and must show that the provider met the minimum performance standards established in the agreement. August 2013 Attachment E, Page I of 1 Packet Pg. 271 8.M.1.a FWC Agreement No. 14023 Attachment F CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIER FEDERALLY FUNDED TRANSACTIONS Required for all contractors and subcontractors on procurement (vendor) contracts of $100,000 or more, and for all contracts and grants with sub -recipients regardless of amount, when funded by a federal grant. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. The undersigned also certifies that it and its principals: (a) Have not within a three-year period preceding this response been convicted of or had a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Imal) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlemcnt, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and (c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or local) terminated for cause or default.. 3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated this day of , 20! By: Authorized Signature/Contractor Typed Name/Title Grantee Name/Contractor Name Street Address Building, Suite Number City/State/Zip Code Area Codeaelephone Number debar.226hcv.12/00 Ver. December 2013 Attachment F, Page 1 of 2 Packet Pg. 272 8.M.1.a FWC Agreement No. 14023 INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1. By signing and submitting this form, the certifying party is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Florida Fish and Wildlife Conservation Commission (FWC) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. 5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the FWC or agency with which this transaction originated. G. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873.) 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the FWC or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. debar. 226/rer.12100 Ver. December 2013 Attachment F, Page 2 of 2 Packet Pg. 273 Attachment G 8.M.1.a I representing FL FISH AND WILDLIFE CONSERVATION COMMISSION DIVISION OF MARINE FISHERIES MANAGEMENT ARTIFICIAL REEF PROGRAM CERTIFICATION OF COMPLETION (Printed Name and Title) (Name of Grantee) do hereby certify under penalties of pedury per § 216.349, Florida Statutes, that the artificial reef project funded by Grant Number FWC - has been completed in compliance with all terms and conditions of said Grant Agreement. (Signature) Rev. 1212013 (Date) Packet Pg. 274 8.M.1.b RESOLUTION NO. 15-xxx A RESOLUTION ACCEPTING THE FLORIDA FISH & WILDLIFE CONSERVATION COMMISSION AGREEMENT (FWC NO. 14023) FOR CONSTRUCTION OF AN OFFSHORE ARTIFICIAL REEF AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Fish & Wildlife Conservation Commission has awarded the County funding for construction of an offshore artificial reef (FWC No. 14023). 2. The Board should authorize and approve execution of the Agreement with the Florida Fish & Wildlife Conservation Commission for the above -referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Agreement with the Florida Fish & Wildlife Conservation Commission (FWC No. 14023) to provide funding for construction of an offshore artificial reef. 2. The Board hereby authorizes and Chair to execute the above -referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. Page 1 of 2 Packet Pg. 275 8.M.1.b After motion and second, the vote on Resolution 15-xxx was as follows: Chair Paula Lewis Vice -Chair Kim Johnson Commissioner Chris Dzadovsky Commissioner Tod Mowery Commissioner Frannie Hutchinson PASSED AND DULY ADOPTED this 215t day of April, 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 2of2 Packet Pg. 276 ITEM NO. (ID # 2771) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Don West, Public Works Director Public Works DATE: 04/21/2015 *CONSENT AGENDA\PUBLIC WORKS 2nd St Reconstruction Project - Ardaman & Assoc Work Authorization No. 25 (Soil and Water Testing Services) The North 2nd Street Project involves a partnership between the Florida Department of Transportation (FDOT), the City of Fort Pierce, Fort Pierce Utilities Authority (FPUA), and St. Lucie County. North 2nd Street is the primary access road into the Port of Fort Pierce Operations Area. The road provides access to most of the existing business located at the Port, as well as access to the undeveloped vacant properties. North 2nd Street is a City -owned and maintained right-of-way. The underground utilities are owned and maintained by FPUA. The Project involves total reconstruction of the North 2nd Street, including relocation and upgrading of all existing utilities and construction of a new stormwater management system. The road construction will include new pavement, curb and gutter, sidewalks, stormwater collection system, detention ponds, landscaping and street lights. The utilities to be upgraded include water mains, sanitary sewer system, sewer lift stations, natural gas mains, and electrical systems. On October 3, 2014, bids were opened for Bid No. 14-056, North 2nd Street Roadway Improvements. Four (4) complete bids were received, and the lowest responsive, responsible bidder is Mancil's Tractor Service, Inc., in the amount of $5,805,148.13. The attached proposal and Work Authorization No. 25 for Ardaman & Associates, Inc. provides for the soil & water testing services required for construction of North 2nd Street. PREVIOUS ACTION: July 24, 2007, Board approved Consulting Agreement (Contract No. C07-07-427) with Ardaman & Associates, Inc. for soil & water testing services. FINANCIAL IMPACT: Packet Pg. 277 8.M.2 Sufficient funds are available in the Port Grant Fund (140376-4315-561000-46502) to cover the costs for soil testing connected with 2nd St. Reconstruction Project. RECOMMENDATION: Staff recommends Board approval of Work Authorization No. 25 with Ardaman & Associates, Inc. for geotechnical testing for the North 2nd Street Reconstruction Project in the amount of $85,200, and authorization for the Chair to execute the contract as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures Heather Young, Asst. County Attorney j27[2111-5 Ho and Tipton, Count Administrato 4/9/2015 Updated: 4/15/2015 11:27 AM by Kelly Phelan Page 2 Packet Pg. 278 8.M.2.a Ardamain & Associates, Inc. Proposal No 15-4055 March 5, 2015 Gevteahrsic�al, Envira,3am Etasand Ala"nals C nnsuoants St. Lucie County Public Works 2300 Virginia Ave Fort Pierce, Florida 34982 Attention: Mr. Donald B. West, P.E. Public Works Director Subject: Proposal for Construction Materials Testing Services Proposed North 2111 Street Improvements St. Lucie County, Florida Mr. West, As requested, we are pleased to present the following proposal for construction materials testing services for the above referenced project. Based on our review of the project plans and from our understanding of the testing requirements, we have estimated the costs associated with performing the required testing services for the project. In -Place Density Tests: 1,500 tests @ $21.001test.......... ........ ..................... __............... $31,500.00f Modified Proctor Tests: 40 tests @ $85,00/test.'✓......-........_.......................... _.......................... $3,400.00— Limerock Bearing Ratio Test: 20 tests @$265.001test.V ...................................................... $5,300.00— Concrete Cylinders, 40 sets @$75.001set_Y......................$3,000.00� Senior Engineering Technician: 300 hours @ $50.001hour V............................................ $15,00o.00— SeniorGeotechnical Engineer: 40 hours @ 110.001hour.y� .................................................$4,400.00� Asphalt Cores: 50 Hours @ $100.001hour.'............ ........... .. ,..,....,.........$5,000.00� Mobilization of Coring Equipment: 10 days @ $95.001day $950.00,/ Asphalt Extraction & Graduation: 10 tests @ $120.001t st.lr....... ................... ..................... $1,200.00- Asphalt Density & Thickness: 25 tests @ $18.00J est.K........................ ..... .$450,00J Environmental Testing (allowance, as needed).-(W.dArrYl.l .W.)d,,..,.,..•. 15 000.00 Total Estimated Project Cost; ............ ........ A minimum of four in -place density tests will need to be performed per trip when no other work is performed. Stand-by due to construction delays and site visits to pickup samples when no other work - is performed will be charged at $50.001hour. We note that density testing frequencies and all testing quantities are approximate and based on our experience with similar projects and anticipated contractor methodologies. Additional testing services beyond those presented above can be provided, if requested. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. if this proposal meets with your approval, please indicate your acceptance by completing and returning the attached Proposal/Project Acceptance and Agreement form. Please call if you have any questions or require additional information. Sincerely, ARDAMAN & ASSOCIATES, INC. Ran rallack, P.E. Branch Manager Packet Pg. 279 8.M.2.b COUNTY F L 0 R I D A WORKAUTHORIZATION NO. 25 CONTRACT C07-07-427 FORCONTINUINGPROFESSONALENGINEVINGSE ICES THISWORKAUTHORIZATION is made as of the day of , 20153 by and between the Sr. LUCIE COUNTY, a political subdivision of the Gate of Rorida, hereinafter referred to as the "County" and Ardaman & Associates, Inc., hereinafter referred to as the "Consultant". W I TN ESSETH: WHERFASy on July 24, 2007, the COUNTY entered into a Consulting Agreement (Contract No. 007-07-427) hereinafter referred to as "Contract" with the CONSULTANT to provide continuing professional engineering services; and, WHERFASy pursuant to the Contract, the OONSJLTANT is to provide the professional services asoutlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the partieswho are legally bound, hereby agree asfollows: PRO.Fcr: The OOUNTYhas determined that it would like to complete a project described below: North 2nd Weet Improvements (hereinafter referred to as "the Project".) Page 1 of 3 Packet Pg. 280 8.M.2.b �OMR The COUNTY has determined that it would like to utilize the services of the OONSJLTANT in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (007-07-427). The services to be provided by OONSJLTANTon the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" which is attached hereto and made a part of thiswork authorization and incorporated herein. 3. CDNSMCiION cosrs: The construction costs of the Project for which OONaJLTANT will render the Professional Services are estimated by the OOUNTYnot to exceed $2,000,000 or any other costs or fees as otherwise described under the "Consultants Competitive Negotiation Act", (CCNA) 4. COMPENs nON: The cost to perform all services as described in the attached Scope of Services shall be billed on an hourly basis, and shall not exceed a total amount of eighty five thousand two hundred and 00/ 100 dollars ($85,200.00), as further detailed in Exhibit "A". 5. OoNTRAcT DOCUM ENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 6. TI M E OF COM PLETI ON : a. It is hereby understood and mutually agreed by and between part ies hereto that the time of completion isan essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work within the time specified, thereafter and on or before September 30, 2016. C. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or her designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the CONSULTANT, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the 0ON9JLTANT Page 2 of 3 Packet Pg. 281 8.M.2.b under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Addendum in multiple copies, each of which shall be considered an original on the following dates. ATTEST: BOARD OF COUNTY COM M IS90NERS Sr. WCI E COUNTY, FLORIDA BY DEPUTY CUMK CHAT R • -.• 11► Rj OOUNTYATTORNEY WITNESSES ARDAMAN & ASSOCIATES, INC BY Print Name: Title: Page 3 of 3 Packet Pg. 282 8.M.3 ITEM NO. (ID # 2796) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Barbara Guettler, MSBU Project Manager MSBU Program DATE: 04/21/2015 *CONSENT AGENDA\PUBLIC WORKS Southern Oaks, Meadowood, and Palm Grove Street Lighting Districts Authorization to Advertise Public Hearings The assessment amount for each parcel within a Street Lighting District (SLD) is calculated by dividing the total estimated cost to provide street lighting services to the district by the number of parcels contained in each district. Per County Ordinance, Chapter 40 Section V, in the event the proposed assessment for any parcel of property exceeds the maximum amount noticed as provided pursuant to Section 40-135, the Board shall provide notice and conduct a public hearing prior to adoption of the Annual Assessment Resolution. Due to increases in electric and maintenance cost, three of St. Lucie County's 19 SLDs require public hearings prior to the annual adoption of their 2015 assessment rolls. PREVIOUS ACTION: March 10, 1987 - Approved Resolution No. 87-21 creating the Monte Carlo SLID December 12, 1989 - Amended Resolution No. 87-21 changing the name of the Mote Carlo SLD to Meadowood SLD. May 12, 1992 - Approved Resolution No. 92-128 creating the Palm Grove SLID March 28, 1995 - Approved Resolution No. 95-54 creating the Southern Oaks SLD August 24, 2010 - Approved Resolution No. 10-177 and No. 10-186 converting the method of assessment for the Meadowood and Southern Oaks SLDs from ad valorem to non -ad valorem based special assessments. September 7, 2010 - Approved Resolution No. 10-185 converting the method of assessment for the Palm Grove SLD from ad valorem to non -ad valorem based special assessments. FINANCIAL IMPACT: Sufficient funding is available from the advertising account in Engineering - Public Works, MSBU Transportation Trust Interlocal Fund (101001-4115-5490000-400). Packet Pg. 283 8.M.3 RECOMMENDATION: Staff recommends Board authorization to advertise public hearings for the Southern Oaks, Meadowood, and Palm Grove Street Lighting Districts to be held on June 2, 2015 at 6:00 p.m. or as soon thereafter as may be heard. COMMISSION ACTION: Coordination/Signatures -Mxv�u' 17��A - (A n We t, Public Works Directo 015 anie 5. McIntyre, Cy, Hand TiptnCount Administrate 4/13/2015 Updated: 4/15/2015 11:28 AM by Kelly Phelan Page 2 Packet Pg. 284 8.M.4 ITEM NO. (ID # 2801) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Ron Harris, County Surveyor Engineering DATE 04/21/2015 *CONSENT AGENDA\PUBLIC WORKS Carriage Pointe - Final Acceptance of Repairs to Selvitz Road Shelby Homes at Carriage Pointe Estates, LLC, the original developer of Carriage Pointe Estates (fka Ten Mile Estates) was granted final PUD approval by the St. Lucie County Board of County Commissioners on December 21, 2004 (Resolution 04-228). The City of Fort Pierce annexed the property on December 31, 2004. Pursuant to the approved site plan, the developer was required to construct turn lanes on Selvitz Road together with drainage improvements. Regions Bank assumed ownership of the project on September 4, 2009. Regions Bank sold the property to Pierce 131, LLC on October 29, 2012. Pierce 131, LLC, the new owner, entered into an agreement with Regions Bank to escrow funds equal to the amount of surety as identified within the previously approved Maintenance Agreement. Pursuant to the requirements of the Maintenance Agreement, County staff inspected the site on July 22, 2013 and observed that a portion of the constructed north bound travel lane was experiencing unusual wear. The developer's engineer was immediately notified of the deficient pavement section. The developer's engineer requested an on -site meeting with County staff to determine the horizontal limits of the distressed pavement section. It was determined that an area approximately 12 feet by 262 feet would require repair. The developer's engineer submitted a final certification for the repairs to Selvitz Road on February 3, 2014. County staff completed a field inspection of the road repairs (milling and re -surfacing) on February 4, 2014. County staff has inspected the area again on April 1, 2015 and determined that the road repairs are acceptable. 7:7AT1[NhilyeTs"rel-On May 23, 2006 - Board approved (RIA) Road Improvement Agreement. August 21, 2007 - Board approved First Amendment to the RIA. Packet Pg. 285 8.M.4 April 22, 2011- Board approved Second Amendment to the RIA. June 5, 2012- Board approved Shared Use Pond Agreement. August 7, 2012 - Board approved the Maintenance Agreement. October 1, 2013 - Board approved Road Repair Agreement March 18, 2014 - Board approved the conditional acceptance of repairs to Selvitz Road and initiated the maintenance period of one year and thirty days. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval of final acceptance for the repairs to Selvitz Road and authorization of the release of surety in the amount of $12,563.75. COMMISSION ACTION: Coordination/Signatures On West, Public Works Director n/ /2015 anie s. McIntyre, C my ttorney 4/8/2015 Ho and Tipton, Count Administrato 4/13/2015 updated: 4/10/2015 1:37 PM by Kelly Phelan Page 2 Packet Pg. 286 8.M.5 ITEM NO. (ID # 2808) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Michael Powley, County Engineer Engineering DATE: 04/21/2015 *CONSENT AGENDA\PUBLIC WORKS Christensen Road at Canal 102 - Cured -in -Place Pipe Liner Acceptance of Project During routine inspections, the culvert carrying Christensen Road across the North St. Lucie River Water Control District's (NSLRWCD) Canal 102 was observed to need repair. As this unimproved roadway serves only a limited number of daily trips, a cured -in -place pipe (CIPP) liner was selected to maintain the integrity of this crossing. Plans for this work were assembled in-house. The project has been completed. Staff monitored construction of the improvements throughout the course of the project and determined that it was constructed in conformance to the plans and specifications. Approximately $10,000 of the $12,039 contingency (approximately 83%) was used to complete this work. PREVIOUS ACTION: November 18, 2014 - Board approved bid award to the lowest responsive and responsible bidder, Layne Inliners, in the amount of $120,390 for Christensen Road at NSLRWCD Canal No. 102 Cured -in -Place Pipe Liner project. 1/30/15 - County Administrator executed Change Order No. 1 in the amount of $12,039 for contingency. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends Board approval of Christensen Road at NSLRWCD Canal 102 Cured -in -Place Pipe Liner. COMMISSION ACTION: Packet Pg. 287 8.M.5 Coordination/Signatures Con West, Public Works Director /2015 Danie 5. McIntyre, Cgifinty ttorney 4/9/2015 �e HoXardpton, Countf Administrate 4/13/2015 Updated: 4/15/2015 11:29 AM by Kelly Phelan A Page 2 Packet Pg. 288 8.M.5.a DIVISION OF ENGINEERING MEMORANDUM TO: Dan McIntyre, County Attorney FROM: Mike Powley, County Engineer Date: April 7, 2015 Subject: Christensen Road at NSLRWCD at Canal 102- Layne Inliners - Releases of Lien No release of lien received on the above referenced project. Please approve for correctness. If you need any additional information please contact me. Jmk cc: Donald B. West, P.E., Public Works Director Craig Hauschild, P.E., Assistant County Engineer Shannon Mieras, Drafting Technician Dsm Lo e. d,d riot i e. of �nonP nr)E �s fo{ tr�s proJCct . ; Packet Pg. 289 TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners Heather Young, Asst. County Attorney County Attorney ITEM NO. ORD-2015-5 DATE: 04/21/2015 *PUBLIC HEARINGS\COUNTY ATTORNEY Proposed Amendments to Alarm Ordinance - Continuation of Public Hearing The Alarm Association of Florida, Inc. has contacted County staff regarding concerns with the proposed amendments to the alarm ordinance. In order to have an opportunity to meet with Association representatives to discuss these concerns, staff is recommending that the public hearing be continued to May 19, 2015 at 9:00 a.m., or as soon thereafter as may be heard. PREVIOUS ACTION: On April 7, 2015, the Board of County Commissioners granted permission to advertise a proposed ordinance which would amend the alarm ordinance for public hearing on April 21, 2015 at 9:00 a.m., or as soon thereafter as may be heard. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners continue the April 21, 2015 public hearing to May 19, 2015 at 9:00 a.m. or as soon thereafter as may be heard. COMMISSION ACTION: Packet Pg. 290 Coordination/Signatures anie 5. McIntyre, Cy 4/13/2015 Updated: 4/13/2015 8:32 AM by Bob Bentkofsky Page 2 Packet Pg. 291 9.A.a ORDINANCE NO. 15-OXX AN ORDINANCE AMENDING CHAPTER 18, ARTICLE IV, (ALARM SYSTEMS), OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 18-89 (DEFINITIONS) TO ADD CERTAIN DEFINITIONS; AMENDING SECTION 18-90 (AUTOMATIC DIALING DEVICE —INTERCONNECTING TO TRUNKLINES) TO PROVIDE FOR ISSUANCE OF CEASE AND DESIST ORDERS NOTICES; AMENDING SECTION 18-94 (ALARM PERMIT -REQUIRED) TO PROVIDE FOR PROVIDE FOR THE COUNTY'S THIRD PARTY ADMINISTRTATOR TO ADMINISTER THE PERMIT PROCESS; AMENDING SECTION 18-95 (SAME - APPLICATION) TO CLARIFY THE APPLICATION AND APPROVAL PROCESS; AMENDING SECTION 18-96 (SAME-TERM;FEE; NONTRANSFERABLE) TO REDUCE THE PERMIT TERM TO ONE YEAR AND PROVIDE SIX MONTH ANMENSTY PERIOD FOR REGISTRATION OF PREVIOUSLY NON - PERMITTED ALARM SYSTERMS FOLLOWING ADOPTION OF ORDINANCE; AMENDING SECTION 18-97 (SAME -ISSUANCE) TO PROVIDE FOR THE COUNTY'S THIRD PARTY ADMINISTRATOR TO ISSUE PERMITS; AMENDING SECTION 18-98 (EXCESSIVE FALSE ALARM SIGNALS — GENERALLY) TO ESABLISH INSTALLATION REQUIREMENTS AND DUTIES OF ALARM OWNERS AND ALARM COMPANIES; AMENDING SECTION 18- 99 (SAME -FALSE ALARM DISPATCH CHARGES; COLLECTION) ESTABLISHING PROCEDURE FOR DETERMINATION OF FALSE ALARM AND NOTICE TO ALARM USER AND/OR RECORD TITLE OWNER; AMENDING SECTION 18-100 (DISBURSEMENT OF SERVICE CHARGES) TO ESTABLISH A REVISED FEE SCHEDULE FOR FALSE ALARMS; RENUMBERING SECTION 18-100 (DISBURSEMENT OF SERVICE CHARGES) TO SECTION 18-101 AND PROVIDING CLARIFICATION REGARDING THE RESPONDING AGENCY; NGPROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On November 17, 1982, the Board adopted Ordinance No. 87-44 which created Chapter 1-2.5, "Alarm Systems", of the St. Lucie County Code of Ordinances and Compiled Laws, to establish standards and regulate intrusion, holdup, and other emergency signals from alarm users which require law enforcement and fire/rescue response or investigation. 1 Underlined passages are added. St r --- e1g passages are deleted. Packet Pg. 292 9.A.a 2. On August 24, 1999, the Board adopted Ordinance No. 99-10 which amended Chapter 1- 2.5 to clarify and strengthen the regulation of alarm systems in the County in order to better serve the residents of the County through more efficient use of law enforcement and fire/rescue services. 3. On August 12, 2014, the Board adopted Ordinance No. 14-020 which amended and recodified the St. Lucie County Code of Ordinances, including the recodification of Chapter 1-2.5 as Article IV (Alarm Systems) of Chapter 18, (Emergency Management and Emergency Services). 4. It is in the best interest of the health, safety and welfare of the County's residents to amend Article VI of Chapter 40 of the County Code of Ordinances to ensure consistency with the requirements of state law and to ensure flexibility in administration of the financing program. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, as follows: PART A. Section 18-89 (Definitions) of Article IV (Alarm Systems) of Chapter 18 (Emergency Management and Emergency Services) of the Code of Ordinances of St. Lucie County is amended as follows: Sec. 18-89. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:. In those cases wherein a word or words are not defined, its definition shall be as found in Black's Law Dictionary, latest edition, or in American Heritage College Dictionarv. third edition. ********************************************************************* Alarm means a signal (audio or visual, recorded or live) transmitted to a law enforcement agency or the Fire District indicating a predetermined condition. Said alarm is received either: (1) Via a private alarm service company relayed to a law enforcement agency or Fire District telephone. (2) Via an audible/visual signal relayed to a law enforcement agency or Fire District by a third party. ********************************************************************** Alarm aermit means a Dermit issued by the countv or its third party alarm administrator allowine the operation of an alarm system within the county. ********************************************************************* Alarm system means -alarm systems E)n rnA-tA-.r vehicles or preprietary systems. if, however, an alarm system en a meter vphmr-lp C-AAAPr#;Ag*th A alarm system an a premises (other thaR a proprietary system), the system iS aR _;flar.m.. aS def.i.n.ed i.n. UN-,; This def.i.n.itie.n. H-A-es Fiet include alarm systeeirns that aare used enlyte alert er SigRal pers9RS Wither) the pFe-MiSeS the -alarm system is A-f _;;R attempted ,_,na,_,thA_r6_;zP_d1 6.n.tR_-1.;iA_.n. A_r heldup attempt. if such a system however, employ-s -An -AlUdible SigRal emitting -1- -b -rgent attentien -and te ;.vhich pelice er fare are expected to respend. This definition does not Underlined passages are added. Sig passages are deleted. Packet Pg. 293 9.A.a s AS --- P P-1 _-; A-Ir a flashiRg light A-1, -hear-- A- R designed te signal persens outside the premises, such a system shall be subject t the r,Fevws* n, f this art any assembly of equipment, mechanical or electrical, arranged to: (1) Signal the occurrence of a forced entry, fire, or other activity requiring urgent attention and to which law enforcement or the Fire District is exaected to resaond, and/or. 2) Monitor and/or annunciate the status of alarm or suoervisory devices Alarm user means system, s defiRed- un thes -,r+* -.le Rt-AiR. 9-1 I.Vith*R the G Rty the person, firm, partnership, association, comoration, comaanv or organization of anv kind in control of anv building. structure or facilitv or aortion thereof wherein an alarm system is maintained. ********************************************************************** Burglar alarm means an alarm system designated to indicate a condition of illegal forced entry or illegal attempted forced entry. ********************************************************************** County means, St. Lucie County, and for the purposes of this section only shall include the City of Fort Pierce, the City of Port St. Lucie, and the St. Lucie County Fire District, unless otherwise specified. False alarm means the activation of an alarm system through mechanical failure, malfunction, improper installation, or negligence of the owner, user, custodian, or lessee of an alarm system, or his employees requiring an emereencv resaonse. when in fact an emergencv does not exist or the activation of the alarm. whether intentional or unintentional. False alarms do not include: (1) Alarms caused by hurricanes, tornadoes, earthquakes or other violent conditions. (2) (3) Alarms covered by F.S. Sections 401.44 401.425 and 806.101. Fire alarm means an alarm system designated to indicate the presence of fire or smoke is in progress immediately preceding the alarm. Underlined passages are added. Sig passages are deleted. Packet Pg. 294 9.A.a Fire .•l.,V,.,r+V,.,.,,.,t m s the c r,+.. fire distrie+ Fire District means the St. Lucie County Fire District. Law enforcement agency, means the St. Lucie County Sheriff's Office, the City of Fort Pierce Police Department and/or the City of Port St. Lucie Police Department. Medical alarm means an alarm system designated to signal the presence of a hazard requiring urgent attention and to summon emergency medical personnel. Record title owner means the person or persons in whose name title to real property are recorded on the public records. Robbery alarm means an alarm system designated to indicate a robbery (holdup) is in progress immediately preceding the alarm, or the activation of a device designed to signal duress or the activation of a device to signal an ambush is in progress immediately preceding the alarm. PART B. Section 18-90 (Automatic dialing device — Interconnecting to trunklines) of Article IV (Alarm Systems) of Chapter 18 (Emergency Management and Emergency Services) of the Code of Ordinances of St. Lucie County is amended as follows: Sec. 18-90. Automatic dialing device —Interconnecting to trunklines. u No automatic dialing device shall be interconnected to any primary or special trunkline at any law enforcement agency orfire department in the County or the 911 communications center unless under special investigative purposes as authorized by the chief executive of the law enforcement agency, the fire marshal or the public safety director. (b) If a law enforcement agency has knowledge of the unlawful maintenance of an automatic telephone dialing alarm system installed. or operated in violation of Sec. 18-90(a). it shall. in writing. order the owner, operator or lessee to disconnect and cease operation of the system within seventy-two (72 hours of receipt of the order. (c) Any automatic telephone dialing system installed as set forth in Sec. 18-90(a), prior to the effective date of Ordinance No. 15-XX shall be removed within fortv-five (45) days of the order as referenced in Sec. 18-90(b). PART C. Section 18-94 (Alarm permit -Required) of Article IV (Alarm Systems) of Chapter 18 (Emergency Management and Emergency Services) of the Code of Ordinances of St. Lucie County is amended as follows: Sec 18-94 Alarm permit —Required. (a) No person shall install, maintain, er eperate an alarm systems serving a premises er building, er pertien thereef, in the LAnincerperated- areas ef. the county, unless an alarm permit in the s derived, aR alarm permit appleeatiOR Shall -he Made ;Agithip 60 days ef the e4ertewp Ph#p f It shall be unlawful for anv person or comaanv to operate, monitor, or be responsible El Underlined passages are added. St r --- e1g passages are deleted. Packet Pg. 295 9.A.a for an alarm system, without prior registration with I;y•g PA' f^rc-pm' * the entity designated by the County. This shall apply to both commercial and residential systems. A separate permit is required for each alarm site. Th^r^ iS ^^ r^^is+ra+i^^ fee (b) ++..,;C.^ +h^ est f the permitfee Each person or company which operates, monitors, or has responsibility for alarm systems, who notifies the county of an alarm activation, shall at the time of notification, disclose the name, address, telephone number, and permit number of the alarm user to the countv. (c) The alarm permit sticker shall be displayed in a conspicuous location on the main entrance to the building or facility serviced by the alarm. PART D. Section 18-95 (Same --Required) of Article IV (Alarm Systems) of Chapter 18 (Emergency Management and Emergency Services) of the Code of Ordinances of St. Lucie County is amended as follows: Sec.18-95. Same --Application. (a) iPf-GFMGtiGP Fequir-ed. Applicatien fE)F alarm permits shall be made te the tax ealleeter en ferms ided by the tax celleeteF. The applicatien shall be SigRed by the alarm ;hAI! provide the pFav fGIl.,,.,iRg info,-,- at;^h: Any person desiring an alarm system permit shall file an application with the county's third party alarm administrator on a form provided by the administrator manually or electronically which includes but is not limited to, the following information: (1) and +elephene n rnher of the PeFSeR Babb, fee the IffelgeF r.+r,r.- Ree @Rd a Fati Ref+he _Afar. .. stem and r Rt of fees assessed , . d^r this arti4e The name and address of the applicant; (2) ;flarm If different than above, the address at which the alarm system is to be installed and used; (3) rved by the alarm If the applicant is a corporation the names and addresses of its principal officers; (4) The Cl-,«ff4C-,+f.,r..,f the -,l-,Fm system a either r al . SWeRtial If the applicant is a partnership, association, or other business entity, the names and addresses of the partners or persons comprising the same; (5) V.1ho+hor+he bum Iding is rented n-.r ei.vnpr occupied. A description of the alarm system proposed to be installed. includinE the manufacturer's name and model number. if anv: (6) , held up, duFess, fiFe, or . For residential properties: the names, addresses and telephone numbers of one (1) or more persons who will be available to secure the premises duriniz anv hour of the day or night: For commercial properties: the names, addresses, and telephone numbers of three (3) or more ons who will be available to secure the Dremises duri 5 anv hour of the day or n Underlined passages are added. S_ t r --- e1g passages are deleted. Packet Pg. 296 9.A.a (7) Classification of the alarm site as being equipped or non -equipped for duress alarm. Any such additional information that the County may deem necessary in order to fully and properly administer this chapter. (b) SySteM, a ReW a'aFRq permit -h," be Feqywped. Whenever any change occurs relating to the information required by this section, the applicant or permittee shall give written notice thereof to the County third party alarm administrator within ten days after such change. (c) An alarm system permit may be denied if the application is not in the proper form, does not contain all information, or fees required by this chapter are not paid. d) To the extent allowed by law and in the interest of public safetv. all information contained in and gathered through the alarm permit applications, records relating to alarm dispatch requests, and applications for appeals shall be privileged information held in confidence by all employees or representatives of the Countv and by anv third -warty administrator or emplovees of a third -party administrator with access to such information PART E. Section 18-96 (Same —Term; fee; nontransferable) of Article IV (Alarm Systems) of Chapter 18 (Emergency Management and Emergency Services) of the Code of Ordinances of St. Lucie County is amended as follows: Sec. 18-96. Same --Term; fee; nontransferable. (a) AR alaRn peFfflit shall have a te.r.m. ef. tvVe yeaFs 49m date of issuanee, sueh teFFn te begin GetebeF two ,,ears through September 30. Alarm System Permits are issued for a period of one (1) year and will expire 365 days after the date of issuance or renewal, unless otherwise suspended or M. Underlined passages are added. Sig passages are deleted. Packet Pg. 297 9.A.a revoked at an earlier time. Upon expiration of an alarm system permit, a renewal permit must be obtained (b) in the manner specified by the county before an alarm system may continue in use. (c) s+ csess+v�re+�ewal permits, to de#Fay the —sestofregulation. Alarm permits may not be transferred to another person or alarm site. Permits are valid only for the permittee and address listed on the permit. (d) eeveF ^ly one building 9F pFemises. An alarm user shall inform the nor County's third party alarm administrator of any change that alters any information listed on the permit application within ten working days. (e) It is the responsibility of the alarm user to submit a renewal application prior to the permit expiration date. Failure to renew shall be classified as use of a non -permitted alarm system and citations and penalties shall be assessed without waiver. (f) Within six (6) months of the effective date of this ordinance any person who has a pre-existing alarm system which was not installed under a permit may obtain an installation permit for the scheduled fee without a penalty. PART F. Section 18-97 (Same --Issuance) of Article IV (Alarm Systems) of Chapter 18 (Emergency Management and Emergency Services) of the Code of Ordinances of St. Lucie County is amended as follows: Sec. 18-97. Same —Issuance. An alarm permit shall be mailed to the alarm user by the e County's third party alarm administrator at the address of the alarm user sated on the application within ten days after receipt of the completed application by the County's third party alarm administrator. An alarm permit shall be denied if: (a) The requested information is not supplied on the application. (b) Material information on the application is incorrect. (c) Any person or entity listed on the application as responsible for the installation, maintenance and/or monitoring of the alarm system does not possess any required occupational or regulatory license to conduct such activities unless the person or entity is the alarm user. (d) All false alarm dispatch charges for excessive false alarms owed by the alarm user have not been paid. (e) The alarm user had an alarm permit forthe alarm site suspended or revoked, and the violation causing the suspension or revocation has not been corrected. PART G. Section 18-98 (Excessive false alarm signals —Generally) Alarm permit -Required) of Article IV (Alarm Systems) of Chapter 18 (Emergency Management and Emergency Services) of the Code of Ordinances of St. Lucie County is amended as follows: Sec. 18-98. €xc�ss+ve false signals Installation requirements; duty of owners; duties of alarm companies. 7 Underlined passages are added. S*'--- c,'-+"r^ ^" passages are deleted. Packet Pg. 298 9.A.a n ,WE (a) Prior to the installation or substantial modification or use of an alarm system, as defined in 18- 89, the owner, manager, or lessee of the premises shall furnish to the County's third party alarm administrator on a form provided by the County's third party alarm administrator manually or electronicallv which includes information deemed necessary to arovide adeauate resaonse to the alarm. (b) Owners, managers or lessees of existing alarm systems as defined in Sec. 18-89 shall have thirty (30) days from the effective date of this ordinance to comply with the above notice requirements. (c) Owners, manager or lessees, or agents of any alarm system shall respond to the alarm location, when reauested. in order to reset or deactivate the alarm system within 30 minutes of notification. Failure to arovide such access shall result in a false alarm assessment as provided in Sec.18-100. d) Prior to the installation or use of anv tvae of Reneral alarm device the owner. manager or lessee of the premises shall furnish to the County's third party alarm administrator, information regarding the full names, addresses and telephone numbers of at least three persons for commercial properties and one person for residential properties who can be reached at all times and who are authorized and have the capability to enter the premises and deactivate the alarm device. Owners, managers or lessees of the premises with alarm devices already installed shall have 30 days from the effective date of this ordinance to comply with the above notice requirement. It shall be the responsibility of the owner, manager or lessee of the premises to provide an updated list annually to the County's third party alarm administrator. Failure to do so may result in a false alarm assessment subject to the sanctions of Sec. 18-100. (e) All burglar alarm systems having an audible or visual signal at the premises shall be equipped so as to automatically shut off the audible or visual signal after fifteen (15 minutes), except those systems required by law to have a longer operating period, in which case said system shall be equipped so as to automaticallv shut off the audible or visual signal at the conclusion of the longer reauired operating time. (f) All alarm systems shall be properly maintained. System malfunction due to faulty maintenance shall not be grounds for an excused false alarm assessment. (g) All alarm systems shall obtain all necessary permits and inspections for the installation of the s sy tem. Underlined passages are added. Sr --- e1g passages are deleted. Packet Pg. 299 (a) Prior to the installation or substantial modification or use of an alarm system, as defined in 18- 89, the owner, manager, or lessee of the premises shall furnish to the County's third party alarm administrator on a form provided by the County's third party alarm administrator manually or electronicallv which includes information deemed necessary to arovide adeauate resaonse to the alarm. (b) Owners, managers or lessees of existing alarm systems as defined in Sec. 18-89 shall have thirty (30) days from the effective date of this ordinance to comply with the above notice requirements. (c) Owners, manager or lessees, or agents of any alarm system shall respond to the alarm location, when reauested. in order to reset or deactivate the alarm system within 30 minutes of notification. Failure to arovide such access shall result in a false alarm assessment as provided in Sec.18-100. d) Prior to the installation or use of anv tvae of Reneral alarm device the owner. manager or lessee of the premises shall furnish to the County's third party alarm administrator, information regarding the full names, addresses and telephone numbers of at least three persons for commercial properties and one person for residential properties who can be reached at all times and who are authorized and have the capability to enter the premises and deactivate the alarm device. Owners, managers or lessees of the premises with alarm devices already installed shall have 30 days from the effective date of this ordinance to comply with the above notice requirement. It shall be the responsibility of the owner, manager or lessee of the premises to provide an updated list annually to the County's third party alarm administrator. Failure to do so may result in a false alarm assessment subject to the sanctions of Sec. 18-100. (e) All burglar alarm systems having an audible or visual signal at the premises shall be equipped so as to automatically shut off the audible or visual signal after fifteen (15 minutes), except those systems required by law to have a longer operating period, in which case said system shall be equipped so as to automaticallv shut off the audible or visual signal at the conclusion of the longer reauired operating time. (f) All alarm systems shall be properly maintained. System malfunction due to faulty maintenance shall not be grounds for an excused false alarm assessment. (g) All alarm systems shall obtain all necessary permits and inspections for the installation of the s sy tem. Underlined passages are added. Sr --- e1g passages are deleted. Packet Pg. 299 9.A.a (h) All alarm companies that sell, lease, install, operate, monitor or have the responsibility for alarm systems, shall register annually with the County for a fee of $100.00. A fine of $500.00 shall be assessed to any alarm monitoring company who fails to register. Each registration shall be valid for twelve (12) months. The alarm monitoring company shall provide the following information: (1) Name, street address and telephone number. Monitoring companies shall maintain, for a od of at least one vear, records relating to alarm notification and shall provide such records to the Countv's third warty alarm administrator upon reauest, or a fine of 5125.00 shall be assessed. (2) The names, street addresses, and telephone numbers of all contracted alarm operators within the territorial jurisdiction of the County; The procedure used to verifv the leaitimacv of an alarm prior to notification of Countv law enforcement; (4) The name, street address, and telephone number of the alarm company; (i) All alarm companies that operate, monitor, or have the responsibility for alarm systems shall post with the county, a false alarm security bond payable to the County in the sum of $5,000.00. The bond shall be from a suretv authorized to do business in the State of Florida. In lieu of the bond. other forms of security such as cash, letter of credit or other form of surety acceptable to the County may be accepted. The purpose of this bond or other guarantee is to guarantee the collection of the outstanding false alarm fees due and owing from the alarm companies contracted parties. PART H. Section 18-99 (Same —False alarm dispatch charge; collection) of Article IV (Alarm Systems) of Chapter 18 (Emergency Management and Emergency Services) of the Code of Ordinances of St. Lucie County is amended as follows: Sec. 18-99. Sa,;,e=Parse alaFm dispatch charge; ^^'gin Response to alarms; determination of validity. N Underlined passages are added. St r +e1g passages are deleted. Packet Pg. 300 9.A.a ehaFge is past due. The she-Fiff A_.r the fire FnaFshal, as appFepFiate, shall theR make an effert R a tamely maRReF, the she-Fiff A_.r fire FnaFshal, as apprepFiate, shall file a cemplaint with the + the Gh-,Fges p ;dPH +h;< seGtieR Whenever an alarm is activated in the county, thereby requiring an emergency response to the location by law enforcement and/or the fire district, and the management of the alarm site does not respond, a police officer or firefighter on the scene of the activated alarm system shall visually inspect the area protected by the system and shall exercise reasonable judgment to determine whether the emergency response was in fact reauired as indicated by the alarm system or whether in some wav the alarm system malfunctioned and thereby activated a false alarm. (b) If a police officer or firefighter at the scene of the activated alarm system determines the alarm to be false, said officer shall make a report of the false alarm, a notification of which shall be mailed or delivered by the third party alarm administrator to the alarm user and/or record title owner at the address on file with law enforcement, advising the alarm user and record title owner of the false alarm. (c) Law Enforcement shall have the right to inspect any alarm system on the premises to which a response has been made and they may cause an inspection of such system to be made at any reasonable time thereafterto determine whether it is being used in conformity with the terms of this chapter. (d) All false alarm dispatch charges collected as the result of such enforcement shall only be used to offset the costs incurred in responding to false alarms. PART I. Section 18-100. (Classifying alarms; fees charged) of Article IV (Alarm Systems) of Chapter 18 (Emergency Management and Emergency Services) of the Code of Ordinances of St. Lucie County is amended as follows: Sec. 18-100. Classifying alarms; fees charged. (a) For each response by any emergency unit of the County to an alarm the responding agency will file a report, classifying the alarm as one of the following: (1) False alarm, system test with no notification or system malfunction. 2) False alarms. no system test. no owner response (3) Valid alarm for cause designated. b) There shall be a service fee chained for false alarms accordiniz to the followinE schedule duri a rolling twelve month period: 10 Underlined passages are added. Sig passages are deleted. Packet Pg. 301 9.A.a Alarm Within 12 Months Fire/Rescue Law Enforcement First LO LO Second 200 100 Third 300 200 Fourth 500 400 Fifth & Subsequent 500 500 (c) Alarm Companies shall not activate the alarm system prior to the registration. If a false alarm occurs prior to the registration of the alarm permit, the alarm monitoring company will be charged a fine of $250.00. If the alarm system is self -monitored the alarm user will be charged a fine of $50.00, which may be waived if the alarm permit is registered within thirty (30) days. (d) In addition, any person operating a non -permitted Alarm System will be subject to an additional fee for service of $50.00. This fee may be waived if the permit is registered in sixty (60) days. PART J. Section 18-100 (Disbursement of service charges) of Article IV (Alarm Systems) of Chapter 18 (Emergency Management and Emergency Services) of the Code of Ordinances of St. Lucie County is amended as follows: Sec. 18-1-N101. Disbursement of service charges. Service charges will be disbursed to the fine and forfeiture accounts of each responding law enforcement agency and/or the general fund of the county fire district whie" Fespended +^ the false alarm or in a manner as agreed to by all affected agencies. Pursuant to F.S. Section 30.51, all service fees and charges assessed for services of the Sheriff shall be remitted to the county. PART K. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of the District that the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. PART L. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART M. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. PART N. ADOPTION. After motion and second, the vote on this ordinance was as follows: 11 Underlined passages are added. stnwk thrA, ^" passages are deleted. Packet Pg. 302 9.A.a Chair Paula A. Lewis XX Vice Chair Kim Johnson XX Commissioner Chris Dzadovsky XX Commissioner Tod Mowery XX Commissioner Frannie Hutchinson XX PART O. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts K through O shall not be codified. PASSED AND DULY ADOPTED this XX day of XX, 2015. ATTEST: Deputy Clerk 12 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Underlined passages are added. S*'--- e,'-+"r^- ^" passages are deleted. Packet Pg. 303 ITEM NO. RES-2015-62 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Jennifer Hill, Budget Manager Purchasing Division DATE: 04/21/2015 Amendment to the Fiscal Year 2014-2015 Budget *PUBLIC HEARINGS\OFFICE OF MANAGEMENT & BUDGET The audit of the Board of County Commissioners Financial Statements has been completed and staff has calculated the actual beginning balances of the numerous funds. Additionally, staff has found the need to revise certain revenue estimates and to establish transfers for various purposes. This resolution will amend the fiscal year 2014-2015 budget to reflect the actual beginning cash balances, revised revenue estimates and establish transfers between funds. In addition to amending the fund balance budgets, the following changes are included in this amendment: Transfers • $60,809 from Court Administration Fund (183) and $17,951 from the Guardian Ad Litem Fund (183006) to the Fine & Forfeiture Fund (107) to reimburse St. Lucie County for funds that were not spent in FY 14. • $579,379 from the Communication System Interest & Sinking Fund (204) to the Fine & Forfeiture Fund (107) and $273,608 from the State Revenue Sharing Bonds Interest & Sinking Fund (217) to the General Fund (001) to reflect bonds that were refinanced and consolidated during the year. We are also moving the budgeted revenue and expenses to the appropriate funds because the old debt funds will be closed out. • $25,182 from the Fine & Forfeiture Fund (107) to the Court Administration Fund (183) to move Court Innovation funding for a Case Manager position. • $174 from the Transportation Trust Interlocals Fund (101001) to the Property Cleanup Special Assessment District Fund (131) • $30,000 from the County Capital Fund (316) to the Transportation Trust Fund (101) to reflect the transfer of a Dozer from Road & Bridge to Environmental Lands. • $2,236 from the One Time Funding Fund (001009) to the General Fund (001) to true up the balances for projects that were moved to the General Fund. Other Changes Packet Pg. 304 • Establish a budget of $10,447,365 in the Communication System Interest & Sinking Fund (204) and the State Revenue Sharing Bonds Interest & Sinking Fund (217) for proceeds for refunding that were used to pay off the prior debt. • Rollover $49,990 in the General Fund (001) for GovMax. Implementation was not complete until the beginning of FY 2015, therefore, the FY 14 payment was not made until FY 15. • Increase building permit revenue in the Building Code Fund (491) by $300,000 to be more in line with actual collections. • Set up budget for $97,183 in reimbursable costs in the Court Technology Fund (107006) to reimburse St. Lucie County for funds that were not spent in FY 14. • Adjust the funding for the Midway Road project to reflect using $1,836,130 from the Transportation Impact Fees (310006) instead of the Transportation Road Bond (318). This public hearing was advertised on Thursday, April 16, 2015 PREVIOUS ACTION: September 18, 2014 - The Board held a Public Hearing and adopted the FY 2014-2015 budget. FINANCIAL IMPACT: The FY 2014-2015 budget that was adopted on September 18, 2014 was $480,665,705. Since then, there have been several amendments to the budget bringing the amended budget to $488,885,322. This resolution will increase the amended budget by $11,830,752 to $500,716,704. RECOMMENDATION: Staff recommends Board approval of Budget Resolution amending the fiscal year 2014-2015 budget. COMMISSION ACTION: Coordination/Signatures "Mcintyre, anorney 4/13/2015 Ho and Tipton, Count Administrate 4/15/2015 Updated: 4/13/2015 3:07 PM by Bob Bentkofsky Page 2 Packet Pg. 305 9.B.a RESOLUTION WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, staff calculated the actual fund balance for each fund as of September 30, 2014, revised certain revenue estimates, and determined the need to establish transfers between funds, and WHEREAS, the adopted budget reflects the estimated amounts rather than the actual fund balance forward amounts, and WHEREAS, it is accepted financial practice to amend the adopted budget to reflect the actual fund balance forward amounts, and, where necessary, revise revenue estimates or establish transfers and, WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 21 ST day of April, 2015, pursuant to Section 129.06 (d), Florida Statutes, that such funds in the form of actual beginning fund balances are hereby appropriated for the fiscal year 2014-2015, and the County's budget is hereby amended as reflected in attachment "A", which is incorporated as part of this resolution. After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Kim Johnson, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Frannie Hutchinson XXX Commissioner Tod Mowery XXX PASSED AND DULY ADOPTED THIS 21st DAY OF APRIL, 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 306 FUND 1 General Fund 2 General Fund 3 General Fund 4 General Fund 5 General Fund 6 General Fund 7 General Fund 8 Recreation Special Events 9 One Time Funding 10 Emergency Mgt Preparedness EMPA 14 11 FCTD Planning Grant 12 FTA Buses 13 Neighborhood Stabilization Program 14 CDBG FY2008 Disaster Recovery 15 SRL - 10701 S. Ocean Dr. 16 HUD Neighborhood Stabilization 3 17 CSBG FY12 18 CDBG Disaster Recov Enhance prog 19 HUD Shelter Plus Care Grant 20 HUD Shelter Plus Care Grant 21 Community Services Block Grant 2012 22 HUD Shelter Plus Care 23 CSBG FY 2014 24 Support Svcs for Veterans Families 25 Dept of Trans Safe Routes to School 26 HUD Shelter Plus Chronic 27 HUD Shelter Plus Care Grant 28 Transportation Trust Fund 29 Transportation Trust Fund 30 Transportation Trust Interlocals 31 Transportation Trust Interlocals 32 Transportation Trust Interlocals 33 Transportation Trust/Constitut 34 Transportation Trust/Local Option 0 35 Transportation Trust/County Fuel Tx 36 Transportation Trust/County Fuel Tx M 37 Unincorporated Services Fund cs� 38 Unincorporated Services Fund W 39 Drainage Maintenance MSTU 0 4 ATTACHMENT"A" RESOLUTION THE COUNTY'S BUDGET IS HEREBY AMENDED AS FOLLOWS: -- REVENUES (SOURCE) -- INC (DEC) IN FUND BALANCE FORWARD TOTAL BUDGET AFTER AMENDMENT FUND # LOC OBJECT PROG AMOUNT -- APPROPRIATIONS (USE) -- INC (DEC) ALLOCATED TO LOC OBJECT PROG AMOUNT OBJECT NAME 121,138,967 001 0000 389902 000 $2,267,117 9910 599335 800 $2,219,363 Budget Stabilization Reserves 001 6420 389902 6914 $19,643 9910 599300 800 $19,643 Reserves 001 7110 389902 715 $6,811 9910 599300 800 $6,811 Reserves 001 9910 389901 800 ($280,162) 9910 599305 800 ($280,162) Funding Reserves 001 0000 381100 000 $2,236 1955 534110 100 $49,990 Software Support Contracts 001 0000 381217 000 $273,608 9910 599330 800 $719,568 Project Reserves 001 0000 335120 000 $445,960 43,478 001001 0000 389902 000 $224 9910 599300 800 $224 Reserves 5,015,713 001009 0000 389902 000 $2,236 8110 591000 800 $2,236 Transfer to General Fund 29,862 001455 9910 389901 800 ($75,944) 9910 599305 800 ($75,944) Funding Reserves 20,802 001457 9910 389901 800 ($4,087) 9910 599305 800 ($4,087) Funding Reserves 0 001508 9910 389901 800 ($37,942) 9910 599305 800 ($37,942) Funding Reserves 169,894 001512 9910 389901 800 ($61,661) 9910 599305 800 ($61,661) Funding Reserves 0 001519 9910 389901 800 ($601,804) 9910 599305 800 ($601,804) Funding Reserves 0 001527 9910 389901 800 ($140,186) 9910 599305 800 ($140,186) Funding Reserves 444,172 001538 9910 389901 800 ($152,050) 9910 599305 800 ($152,050) Funding Reserves 0 001541 9910 389901 800 ($49,780) 9910 599305 800 ($49,780) Funding Reserves 1,071,341 001544 9910 389901 800 ($932,608) 9910 599305 800 ($932,608) Funding Reserves 0 001545 9910 389901 800 ($12,690) 9910 599305 800 ($12,690) Funding Reserves 0 001546 9910 389901 800 ($12,690) 9910 599305 800 ($12,690) Funding Reserves 0 001549 9910 389901 800 ($12,690) 9910 599305 800 ($12,690) Funding Reserves 162,577 001550 9910 389901 800 ($22,419) 9910 599305 800 ($22,419) Funding Reserves 0 001554 9910 389901 800 ($274,667) 9910 599305 800 ($274,667) Funding Reserves 0 001557 9910 389901 800 ($26,600) 9910 599305 800 ($26,600) Funding Reserves 62,530 001561 9910 389901 800 ($2,470) 9910 599305 800 ($2,470) Funding Reserves 120,907 001565 9910 389901 800 ($22,709) 9910 599305 800 ($22,709) Funding Reserves 120,874 001566 9910 389901 800 ($21,422) 9910 599305 800 ($21,422) Funding Reserves 2,403,261 101 9910 389901 800 ($73,193) 9910 599305 800 ($73,193) Funding Reserves 101 0000 381316 000 $30,000 9910 599300 800 $30,000 Reserves 1,030,243 101001 9910 389901 800 ($8,009) 9910 599305 800 ($8,009) Funding Reserves 101001 9910 599300 800 ($174) Reserves 101001 8110 591131 800 $174 Transfer to Property Cleanup SAD 5,192,771 101002 9910 389901 800 ($82,084) 9910 599305 800 ($82,084) Funding Reserves 5,321,343 101003 0000 389902 000 $356,107 9910 599300 800 $356,107 Reserves 2,784,816 101004 0000 389902 000 $87,486 9910 599300 800 $87,486 Reserves 101004 9910 389901 800 ($52,671) 9910 599305 800 ($52,671) Funding Reserves 5,606,993 102 0000 389902 000 $349,910 9910 599300 800 $349,910 Reserves 102 9910 389901 800 ($5,440) 9910 599305 800 ($5,440) Funding Reserves 7,488,315 102001 9910 389901 800 ($536,535) 9910 599305 800 ($536,535) Funding Reserves Attachment: FBF-14'15 (RES-2015-62 : Amendment to the FY 2015 budget) 40 DEM Indian River Estates Drainage 41 White City Drainage Citrus & Saeger 42 Law Enforcement MSTU 43 Grants & Donations Fund 44 Recreation Donations Fund 45 Elizabeth M. Kiessel Bequest Fund 46 Hurricane Frances Donations 47 Library Special Grants Fund 48 Fine & Forfeiture Fund 49 Fine & Forfeiture Fund 50 Fine & Forfeiture Fund 51 Fine & Forfeiture Fund 52 Fine & Forfeiture Fund 53 Fine & Forfeiture Fund 54 Fine & Forfeiture Fund -Wireless Sur 55 Fine & Forfeiture Fund-E911 Surchar 56 Fine & Forfeiture Fund-800 Mhz Oper 57 Fine & Forfeiture Fund-800 Mhz Oper 58 F&F Fund -Driver's Ed Safety 59 F&F Fund -Legal Aid 60 F&F Fund -Court Related Technology 61 F&F Fund -Court Related Technology 62 F&F Fund -Court Related Technology 63 F&F Fund -Court Related Technology 64 Drug Abuse Fund 65 Drug Abuse Fund 66 River Park I Fund 67 River Park 11 Fund 68 Harmony Heights 3 Fund 69 Harmony Heights 4 Fund 70 Sheraton Plaza Fund 71 Sunland Gardens Fund 72 Sunrise Park Fund 73 Paradise Park Fund 74 Holiday Pines Fund 75 The Grove Fund 76 Blakely Subdivision Fund 77 Indian River Estates Fund 78 Queens Cove Lighting Dist#13 Fund 79 Southern Oak Estates Lighting 80 Pine Hollow Street Lighting MSTU 81 Kings Hwy Industrial Park Lighting 82 Parks MSTU Fund 83 SLC Public Transit MSTU 84 SLC Public Transit MSTU 85 FTA 5307 Capital and Operating assi 86 FTA Operating and Capital Assist n 87 FTA 5307-ARRA 2009 Capital Projects 7C 88 FTA 5307-2 2009 Cap & Oper 89 FTA 5311 Block Grant cs� 90 FTA 5307 Capital and Operating 91 FTA 5317 Enhanced Svcs for the Disa w 0 00 1,307,615 102113 3725 246,819 102813 9910 4,055,496 103 0000 251,363 104 2115 39,450 104001 9910 60,119 104002 0000 141,246 104003 9910 18,326 105 9910 78,397,470 107 0000 107 9910 107 8110 107 601 107 0000 107 0000 2,485,374 107001 2120 475,380 107002 9910 534,817 107003 0000 107003 476,789 107004 769 144,527 107005 615 1,856,900 107006 0000 107006 107006 107006 601 116,031 109 629 109 739 60,356 111 4115 11,665 112 9910 10,452 113 9910 27,996 114 9910 23,746 115 4115 30,917 116 9910 8,685 117 9910 22,447 118 4115 29,041 119 9910 5,172 120 9910 3,042 121 9910 60,492 122 4115 10,422 123 9910 3,615 126 9910 7,307 127 9910 10,380 128 9910 5,897,940 129 0000 3,969,163 130 9910 130 0 130100 9910 7,174 130101 9910 263,945 130102 9910 31,345 130105 9910 13,060 130107 9910 31,956 130109 9910 0 130110 9910 331394 093600 $74,317 389901 800 ($75,859 389902 000 $192,981 389902 2101 $8,934 389901 800 ($26,270 389902 000 $319 389901 800 ($3,237 389901 800 ($83,708 389902 000 $1,459,813 389901 800 ($170,468 381183 800 $47,962 381183 6291 $30,798 381204 000 $579,379 351700 000 $130,818 389902 200 $270,656 389901 800 ($86,597 389902 000 $2,442 389902 6000 389902 6291 389902 000 389902 389902 389902 389902 389901 389901 389901 389902 389901 389901 389902 389901 389901 389901 389902 389901 389901 389901 389901 389902 389901 6000 6000 6000 400 800 800 800 400 800 800 400 800 800 800 400 800 800 800 800 000 800 $20,379 $20,990 $377,833 $1 $7,273 $55 $4,673 ($478 ($650 ($3,649 $1,419 ($4,599 ($747 $1,541 ($215 ($553 ($224 $1,472 ($1,320 ($496 ($811 ($1,140 $261,466 ($673,135 389901 800 ($4,287 389901 800 ($76,442 389901 800 ($7,016 389901 800 ($43,891 389901 800 ($52,014 389901 800 ($1,291 389901 800 ($5,771 3725 563000 093600 $74,317 Infrastructure 9910 599305 800 ($75,859) Funding Reserves 9910 599300 800 $192,981 Reserves 9910 599300 800 $8,934 Reserves 9910 599305 800 ($26,270) Funding Reserves 9910 599300 800 $319 Reserves 9910 599305 800 ($3,237) Funding Reserves 9910 599305 800 ($83,708) Funding Reserves 9910 599335 800 $1,538,573 Budget Stabilization Reserves 9910 599305 800 ($170,468) Funding Reserves 601 599300 6291 ($25,182) Reserves 601 591183 6291 $25,182 Transfer to Court Administration 9910 599330 800 $710,197 Project Reserves 9910 599300 800 $270,656 Reserves 9910 599305 800 ($86,597) Funding Reserves 9910 599300 800 $64,204 Reserves 8110 591204 800 ($61,762) Transfer to Communications Debt 9910 599300 800 $20,379 Reserves 9910 599300 800 $20,990 Reserves 9910 599300 800 $280,650 Reserves 601 549960 6000 $94,434 Reimbursable Costs 685 549960 6000 $2,749 Reimbursable Costs 9910 599300 800 $1 Reserves 9910 599300 800 $7,273 Reserves 9910 599300 800 $55 Reserves 4115 599300 400 $4,673 Reserves 9910 599305 800 ($478) Funding Reserves 9910 599305 800 ($650) Funding Reserves 9910 599305 800 ($3,649) Funding Reserves 4115 599300 400 $1,419 Reserves 9910 599305 800 ($4,599) Funding Reserves 9910 599305 800 ($747) Funding Reserves 4115 599300 400 $1,541 Reserves 9910 599305 800 ($215) Funding Reserves 9910 599305 800 ($553) Funding Reserves 9910 599305 800 ($224) Funding Reserves 4115 599300 400 $1,472 Reserves 9910 599305 800 ($1,320) Funding Reserves 9910 599305 800 ($496) Funding Reserves 9910 599305 800 ($811) Funding Reserves 9910 599305 800 ($1,140) Funding Reserves 9910 599300 800 $261,466 Reserves 9910 599305 800 ($673,135) Funding Reserves 9910 599300 800 $15,010 Reserves 9910 599305 800 ($4,287) Funding Reserves 9910 599305 800 ($76,442) Funding Reserves 9910 599305 800 ($7,016) Funding Reserves 9910 599305 800 ($43,891) Funding Reserves 9910 599305 800 ($52,014) Funding Reserves 9910 599305 800 ($1,291) Funding Reserves 9910 599305 800 ($5,771) Funding Reserves Attachment: FBF-14'15 (RES-2015-62 : Amendment to the FY 2015 budget) 92 FTA 5316 Job Access and reverse com 93 FTA 5307 FY2011 94 FTA 5307 FY 2013 95 FTA 5309 FY 13 Bus & Facilities 96 FTA 5312 FY 2013 97 FTA 5316 2014 JARC Grant 98 FTA 5317 FYI 3/14 New Freedom 99 FDOT 5311 Block Grant 100 FCTD Trip & Equip 2014 101 Property Cleanup SAD 102 Meadowood MSTU 103 Palm Lake Gardens MSTU Fund 104 Palm Grove Fund 105 Airport Fund 106 PortFund 107 FAA Wildlife Hazard Assessment 108 FAA Reconstruction of Taxiway D1 109 FDOT - Port of Ft. Pierce Dredging 110 Taylor Creek Dredging -Phase 2 111 FDOT Term/Cus Fac Ren Phs 1 112 FDOT New Port Ent 2nd street Imp 113 Strategic Bus PLan, Marketing Plan, 114 FDOT Wildlife Hazard Assessment 115 FDOT Install REILS on Runway 28L 116 FDOT Taxiway D Alignment & Drainage 117 FDOT Design & Construct Runway 118 Port MSBU Development Fund 119 Mosquito Fund 120 FWC Harbor Branch Mangrove Rest 121 Mosquito State I Fund 122 Impact Fee Collections 123 Plan Maintenance RAD Fund 124 Tourism Dev-5th Cent 125 Court Facilities Fund 126 Court Facilities Fund -Court Costs 127 SLC Housing Finance Authority Fund 128 Environmental Land Acquisition Fund 129 Environmental Land Acquisition Fund 130 Ct Administrator-19th Judicial Cir 131 Ct Administrator-19th Judicial Cir 132 Ct Administrator-19th Judicial Cir 133 Ct Administrator-19th Judicial Cir 134 Ct Administrator-19th Judicial Cir 135 Ct Administrator-Arbitration/Mediat 136 Ct Admin.-County Arbitration/Mediat 37 Ct Admin.-County Teen Court 38 Ct Admin.- Teen Court m 39 Civil Traffic Infraction Fund 40 Guardian Ad Litem Fund ^: 41 Guardian Ad Litem Fund cs� 42 Erosion Control Operating Fund 43 Fish & Wildlife Artificial Reef W O tC 0 130112 9910 389901 800 ($11,982) 9910 599305 800 ($11,982) Funding Reserves 36,549 130113 9910 389901 800 ($41,289) 9910 599305 800 ($41,289) Funding Reserves 337,154 130114 9910 389901 800 ($106,542) 9910 599305 800 ($121,552) Funding Reserves 381,500 130115 9910 389901 800 ($6,087) 9910 599305 800 ($6,087) Funding Reserves 46,542 130116 9910 389901 800 ($2,425) 9910 599305 800 ($2,425) Funding Reserves 152,628 130117 9910 389901 800 ($309,804) 9910 599305 800 ($309,804) Funding Reserves 72,309 130118 9910 389901 800 ($12,000) 9910 599305 800 ($12,000) Funding Reserves 0 130210 9910 389901 800 ($439,656) 9910 599305 800 ($439,656) Funding Reserves 413,700 130217 9910 389901 800 ($82,737) 9910 599305 800 ($82,737) Funding Reserves 51,174 131 0000 381101 000 $174 9910 599300 800 $174 Reserves 33,409 136 9910 389901 800 ($2,256) 9910 599305 800 ($2,256) Funding Reserves 6,624 138 9910 389901 800 ($297) 9910 599305 800 ($297) Funding Reserves 13,668 139 9910 389901 800 ($1,760) 9910 599305 800 ($1,760) Funding Reserves 1,894,597 140 9910 389901 800 ($14,306) 9910 599305 800 ($14,306) Funding Reserves 339,206 140001 9910 389901 800 ($383,462) 9910 599305 800 ($383,462) Funding Reserves 1,606 140139 9910 389901 800 ($5,821) 9910 599305 800 ($5,821) Funding Reserves 26,329 140140 9910 389901 800 ($8,439) 9910 599305 800 ($8,439) Funding Reserves 277,970 140361 9910 389901 800 ($7,703) 9910 599305 800 ($7,703) Funding Reserves 2,048,225 140370 9910 389901 800 ($287,084) 9910 599305 800 ($287,084) Funding Reserves 315,762 140372 9910 389901 800 ($8,025) 9910 599305 800 ($8,025) Funding Reserves 7,029,984 140376 9910 389901 800 ($42,865) 9910 599305 800 ($42,865) Funding Reserves 102,116 140377 9910 389901 800 ($177,392) 9910 599305 800 ($177,392) Funding Reserves 179 140378 9910 389901 800 ($318) 9910 599305 800 ($318) Funding Reserves 25,185 140380 9910 389901 800 ($31,845) 9910 599305 800 ($31,845) Funding Reserves 2,989 140381 9910 389901 800 ($468) 9910 599305 800 ($468) Funding Reserves 2,187,852 140382 9910 389901 800 ($82,868) 9910 599305 800 ($82,868) Funding Reserves 46,577 142 4315 389902 4603 $2,720 4315 599300 4603 $2,720 Reserves 9,204,855 145 0000 389902 000 $322,408 9910 599300 800 $322,408 Reserves 583,462 145128 9910 389901 800 ($244,322) 9910 599305 800 ($244,322) Funding Reserves 5,125 146 9910 389901 800 ($22,876) 9910 599305 800 ($22,876) Funding Reserves 148,667 150 0000 389902 000 $2,957 9910 599300 800 $2,957 Reserves 415,469 160 9910 389901 800 ($5,364) 9910 599305 800 ($5,364) Funding Reserves 251,555 162 0000 389902 000 $28,924 9910 599300 800 $28,924 Reserves 1,719,435 170 0000 389902 000 $247,389 9910 599300 800 $247,389 Reserves 173,592 171 0000 389902 000 $838 9910 599300 800 $838 Reserves 25,817 181 0000 389902 000 $1,658 9910 599300 800 $1,658 Reserves 457,138 182 0000 389902 000 $17,167 9910 599300 800 $17,167 Reserves 182 3920 389902 093901 $57,920 9910 599300 800 $57,920 Reserves 1,217,740 183 0000 389902 000 $95,038 9910 599300 800 $41,866 Reserves 183 601 389902 6002 $7,637 9910 599300 800 $0 Reserves 183 601 381107 6002 $25,182 601 591107 6002 $30,798 Transfer to Fine & Forfeiture 183 601 591107 6000 $30,011 Transfer to Fine & Forfeiture 183 601 512000 6002 $25,182 Salaries 22,397 183001 0000 389902 000 $1,056 9910 599300 800 $1,056 Reserves 389,157 183002 9910 389901 800 ($4,918) 9910 599305 800 ($4,918) Funding Reserves 406,684 183003 0000 389902 000 ($68,951) 9910 599300 800 ($68,951) Reserves 336,241 183004 689 389902 6000 $76,794 9910 599300 800 $76,794 Reserves 493,685 183005 0000 389902 000 $378,936 769 599300 6000 $378,936 Reserves 548,568 183006 0000 389902 000 $5,396 9910 599300 800 ($12,555) Reserves 183006 685 591107 6000 $17,951 Transfer to Fine & Forfeiture 6,446,819 184 0000 389902 000 $1,338,760 9910 599300 800 $1,338,760 Reserves 0 184109 9910 389901 800 ($59,000) 9910 599305 800 ($59,000) Funding Reserves Attachment: FBF-14'15 (RES-2015-62 : Amendment to the FY 2015 budget) 144 Fort Pierce IMP Implementation 145 DEP Ft Pierce Shore Protection 2012 146 S SLC Beach Rest 13SL1 147 Boating Improvement Projects 148 Bluefield Ranch Improvements 149 Home Consortium FY 2010 150 FY 2011 Home Consortium 151 Home Consortium 2012 152 Home Consortium 2013 153 Sports Complex Fund 154 Communication System I&S Fund 155 Communication System I&S Fund 156 Communication System I&S Fund 157 Communication System I&S Fund 158 Communication System I&S Fund 159 Communication System I&S Fund 160 Communication System I&S Fund 161 Sales Tax Revenue Bonds I&S Fund 162 County Capital I&S 163 State Revenue Sharing Bonds I&S 164 State Revenue Sharing Bonds I&S 165 State Revenue Sharing Bonds I&S 166 State Revenue Sharing Bonds I&S 167 State Revenue Sharing Bonds I&S 168 State Revenue Sharing Bonds I&S 169 State Revenue Sharing Bonds I&S 170 Transportation I&S Fund 171 Capital Imro. Revenue Refunding 2014 172 Capital Imro. Revenue Refunding 2014 173 Capital Imro. Revenue Refunding 2014 174 Capital Imro. Revenue Refunding 2014 175 Capital Imro. Revenue Refunding 2014 176 Port I&S Fund 177 Capital Projects I&S 178 Tourism Dev 4th Cent I&S Fund 179 SHI Sp Assessment Rfd 1998 Bond 180 No Lennard Rd 1 181 No Lennard Rd 2 182 No Lennard Rd 3 183 Impact Fees -Library 184 Impact Fees -Parks 185 Impact Fees -Public Buildings 186 Alt Dev Fees-HIRD 187 Impact Fees -Law Enforcement 188 Impact Fees -Transportation 89 Impact Fees -Transportation 90 County Capital n 91 County Capital 7C 92 County Capital 93 County Capital cs� 94 Transportation Capital 95 Transportation Capital W O 98,938 184212 9910 389901 800 ($56,708) 9910 599305 800 ($56,708) Funding Reserves 189,764 184215 9910 389901 800 ($963,208) 9910 599305 800 ($963,208) Funding Reserves 946,058 184217 9910 389901 800 ($251,444) 9910 599305 800 ($251,444) Funding Reserves 1,107,388 187 9910 389901 800 ($34,193) 9910 599305 800 ($34,193) Funding Reserves 133,656 188 0000 389902 000 $602 9910 599300 800 $602 Reserves 0 189103 9910 389901 800 ($39,697) 9910 599305 800 ($39,697) Funding Reserves 2 189106 9910 389901 800 ($62,507) 9910 599305 800 ($62,507) Funding Reserves 63,014 189108 5420 389901 800 ($211,150) 5420 599305 800 ($211,150) Funding Reserves 301,784 189109 9910 389901 800 ($149,235) 9910 599305 800 ($149,235) Funding Reserves 2,812,312 190 0000 389902 000 $254,703 9910 599300 800 $254,703 Reserves 3,307,980 204 0000 389902 000 $735,351 1300 549110 100 ($1,717) General & Administrative Charges 204 0000 351700 000 ($324,809) 8110 591107 800 $579,379 Transfer to Fine & Forfeiture 204 0000 381107 000 ($61,762) 9950 573100 800 $155,972 Additional Expenses -Bonds 204 0000 389903 000 $16,240 9950 573300 800 $2,572,629 Payment -refunded bond escrow 204 0000 385100 000 $2,572,629 9950 571000 800 ($250,000) Principal -Bonds 204 9950 572000 800 ($117,163) Interest 204 9950 573000 800 ($1,451) Paying Agent Fees 4,853,523 215 9910 389901 800 ($1,298,772) 9910 599305 800 ($1,298,772) Funding Reserves 1,524,149 216 9910 389901 800 ($108,216) 9910 599305 800 ($108,216) Funding Reserves 8,191,438 217 0000 389902 000 $7,577 9910 599300 800 ($258,325) Reserves 217 0000 335120 000 ($946,000) 8110 591001 800 $273,608 Transfer to General Fund 217 0000 361100 000 ($2,020) 9950 573300 800 $7,874,736 Payment -refunded bond escrow 217 0000 389903 000 $47,401 9950 573100 800 $27,244 Additional Expenses -Bonds 217 0000 385100 000 $7,874,736 9950 571000 800 ($590,000) Principal -Bonds 217 9950 572000 800 ($341,669) Interest 217 9950 573000 800 ($3,900) Paying Agent Fees 3,447,870 218 0000 389902 000 $13,081 9910 599300 800 $13,081 Reserves 659,329 219 0000 335120 000 $500,040 9950 571000 800 $265,000 Principal -Bonds 219 0000 389903 000 ($34,702) 9950 572000 800 $230,448 Interest 219 0000 351700 000 $193,991 9910 599300 800 $115,298 Reserves 219 9950 573000 800 $5,351 Paying Agent Fees 219 9950 573100 800 $43,232 Additional Expenses -Bonds 513,481 242 0000 389902 000 $12,954 9910 599300 800 $12,954 Reserves 23,893 250 9910 389901 800 ($54,047) 9910 599305 800 ($54,047) Funding Reserves 2,036,843 262 0000 389902 000 $188,905 9910 599300 800 $188,905 Reserves 1,798,363 273 9950 389902 800 $914,346 9910 599300 800 $914,346 Reserves 1,586,967 296 0000 389902 000 $205,405 9910 599300 800 $205,405 Reserves 522,933 297 0000 389902 000 $41,582 9910 599300 800 $41,582 Reserves 128,755 298 9910 389901 800 ($13,274) 9910 599305 800 ($13,274) Funding Reserves 2,702,643 310001 0000 389902 000 $127,409 9910 599300 800 $127,409 Reserves 1,420,220 310002 0000 389902 000 $243,454 9910 599300 800 $243,454 Reserves 617,218 310003 0000 389902 000 $120,947 9910 599300 800 $120,947 Reserves 1,498,467 310004 0000 389902 000 $1,221 9910 599300 800 $1,221 Reserves 1,132,554 310005 2110 389902 200 $199,160 9910 599300 800 $199,160 Reserves 20,582,674 310006 0000 389902 000 $1,706,495 9910 599300 800 $1,706,495 Reserves 310006 0000 324310 4118 $1,836,130 4115 563000 4118 $1,836,130 Infrastructure 5,448,703 316 9910 389901 800 ($814,486) 9910 599305 800 ($814,486) Funding Reserves 316 3920 389902 113601 $5,708 9910 599300 800 $5,708 Reserves 316 3920 564000 113601 ($30,000) Machinery & Equipment 316 3920 591101 113601 $30,000 Transfer to Transportation Trust 5,703,837 316001 0000 389902 000 $406,177 9910 599300 800 $406,177 Reserves 316001 9910 389901 800 ($10,538) 9910 599305 800 ($10,538) Funding Reserves Attachment: FBF-14'15 (RES-2015-62 : Amendment to the FY 2015 budget) 196 County Capital -St Rev Share Bnd 197 County Capital - Transportation 198 County Capital - Transportation 199 County Capital - Transportation 200 Sports Complex Improv Fund 201 Sports Complex Improv Fund 202 MSBU Inhouse Financing Projects 203 Grey Twig Lane MSBU 204 Navajo Avenue So MSBU 205 Environmental Land Capital Fund 206 S.Hutch Beach&Dune Restoration SAD 207 Sanitary Landfill Fund 208 Sanitary Landfill Fund 209 S. Hutchinson Utilities Fund 210 S. Hutchinson Utilities Fund 211 Water & Sewer District Operations 212 Water & Sewer Dist Renewal & Replacemen 213 Water & Sewer Dist Capital Facilities 214 Water & Sewer Dist Capital Facilities 215 Building Code Fund 216 Building Code Fund 217 Health Insurance Fund 218 Health Insurance Fund 219 Risk Management Fund 220 Tourist Development Trust Fund 221 Tourist Development Trust-Adv Fund 222 Law Enforcement Trust Fund 223 Law Library 224 SLC Art in Public Places Trust Fund 225 SLC Economic Development Trust Fund 226 TOTAL ALL AMENDED FUNDS 3,487,843 317 0000 389902 000 $2,465 9910 599300 800 $2,465 Reserves 12,328,700 318 9910 389901 800 ($1,548,292) 9910 599305 800 ($1,548,292) Funding Reserves 318 4115 563000 4118 ($1,836,130) Infrastructure 318 9910 599300 800 $1,836,130 Reserves 887,720 362 0000 389902 000 ($70,237) 9910 599300 800 ($70,237) Reserves 362 9910 389901 800 ($225,701) 9910 599305 800 ($225,701) Funding Reserves 824,259 370 0000 389902 000 $28,399 9910 599300 800 $28,399 Reserves 26,231 37004 9910 389901 800 ($19,944) 9910 599305 800 ($19,944) Funding Reserves 12,763 37005 9910 389901 800 ($5,671) 9910 599305 800 ($5,671) Funding Reserves 3,563,481 382 9910 389901 800 ($6,792) 9910 599305 800 ($6,792) Funding Reserves 1,577,401 39012 4115 389902 36203 $196,461 9910 599300 800 $196,461 Reserves 28,393,077 401 0000 389902 000 $205,795 9910 599300 800 $205,795 Reserves 401 9910 389901 800 ($2,168,169) 9910 599305 800 ($2,168,169) Funding Reserves 7,333,399 451 0000 389902 000 $449,802 9910 599300 800 $449,802 Reserves 1,093,445 458 0000 389902 000 $149,338 9910 599300 800 $149,338 Reserves 7,134,174 471 9910 389901 800 ($399,203) 9910 599305 800 ($399,203) Funding Reserves 922,069 478 0000 389902 000 $51,963 9910 599300 800 $51,963 Reserves 5,120,996 479 0000 389902 000 $74,993 9910 599300 800 $74,993 Reserves 479 9910 389901 800 ($226,235) 9910 599305 800 ($226,235) Funding Reserves 3,969,816 491 0000 389902 000 $228,782 9910 599300 800 $528,782 Reserves 491 2415 322000 200 $300,000 20,204,977 505 0000 389902 000 $166,893 9910 599300 800 $166,893 Reserves 505 9910 389901 800 ($1,091,344) 9910 599305 800 ($1,091,344) Funding Reserves 11,263,683 505001 9910 389901 800 ($258,602) 9910 599305 800 ($258,602) Funding Reserves 1,390,292 610 0000 389902 000 $162,838 9910 599300 800 $162,838 Reserves 867,645 611 0000 389902 000 $131,920 9910 599300 800 $131,920 Reserves 100,007 620 9910 389901 800 ($22,811) 9910 599305 800 ($22,811) Funding Reserves 617,205 625 0000 389902 000 $292,630 714 599300 6000 $292,630 Reserves 175,194 665 9910 389901 800 ($9,981) 9910 599305 800 ($9,981) Funding Reserves 60,607 666 0000 389902 000 $4,409 9910 599300 800 $4,409 Reserves 482,776,879 $11,830,752 $11,830,752 Attachment: FBF-14'15 (RES-2015-62 : Amendment to the FY 2015 budget) P 00 b- 10.A.1 ITEM NO. (ID # 2815) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 04/21/2015 *REGULAR AGENDA\COUNTY ATTORNEY Protest - RFQ No. 14-057 - Utilization of a Conversion Facility to Process Municipal Solid Waste for St. Lucie County - Appeal Filed by VASST/Barker St. Lucie County already has developed and is operating a baling facility for "Class I" waste (e.g., garbage) and a processing facility for construction and demolition debris. The County also is operating a recycling facility, which helps reduce the amount of waste that is taken to the County's landfill for disposal. The successful implementation of these facilities has significantly extended the useful life of the County's landfill. The goal of the Solid Waste Department is to find a new technology that can be used to supplement and enhance the County's existing solid waste management operations. To be considered a viable option, the technology has to be proven, cost-effective, and more environmentally friendly than traditional methods of solid waste disposal. A proven technology is one that can be observed in a commercial scale operation. A cost effective technology is one that can be implemented without increasing the rates (a/k/a "tipping fees") that the County charges its residents for the disposal of solid waste. The County Staff believes that certain modern "Conversion Technologies" might meet these criteria. Conversion Technologies means "an innovative technology that uses energy to convert Municipal Solid Waste into gases or elements (e.g., carbon, hydrogen, gaseous or liquid fuels) that, in turn, are used for the production of useful products (e.g., electricity, steam, fuel)." In 2006 and again in 2012, the County issued a Request for Qualifications ("RFQ") because the County wanted to solicit information from companies that are capable of successfully providing a viable Conversion Technology to the County. Both times, the County entered into negotiations with vendors that offered to provide a technology that would meet the County's needs. Both times, the negotiations were unsuccessful. Among other things, the vendors discovered it was extremely difficult or impossible for them to provide their services and technologies for a price that was acceptable to the County. More specifically, the vendors could not obtain financing to construct their proposed facilities unless the County agreed to raise the waste disposal rates (tipping fees) paid by the County's residents. Packet Pg. 312 10.A.1 On September 7, 2014 the County issued a new RFQ (RFQ No. 14-057) for companies that are interested in using a Conversion Technology to process municipal solid waste for St. Lucie County. A copy of the County's RFQ (and Addendum #1) is attached hereto as Exhibit "A". The due date for submittals was October 22, 2014. Three hundred thirty-one (331) companies were notified about the RFQ and twenty- seven (27) copies of the RFQ documents were distributed. Proposals were submitted to the County by six (6) companies: Barker Consulting & Partners ("Barker") and a team that includes VASST Energy Concepts, Inc. ("VASST") Carbon Cycle Power Enstorga USA, Inc. and Chemtex International Green Energy & Development Inc. and Advanced Conversion Technologies, LLC Green Photon Power Green Power Operations, Inc. A summary of each proposal was prepared by the County's Solid Waste Director. The summary is attached as Exhibit "B". In the proposal submitted by Barker/VASST, Mr. Morris was identified as the contact person for Barker/VASST. A Selection Committee was appointed to review the proposals. The Selection Committee was comprised of five (5) members of the County Staff: Robert Bentkofsky, Deputy County Administrator Craig Hauschild, Assistant County Engineer Ed Matthews, Parks, Recreation & Facilities Director Mike Powley, County Engineer Ron Roberts, Solid Waste Director On December 23, 2014, the Selection Committee met to evaluate the proposals, but the Committee ultimately concluded it needed more information from three (3) of the vendors (i.e., Barker/VASST; Carbon Cycle; Green Power) before the Selection Committee could rank the proposals. The Selection Committee decided that these three (3) vendors should be invited to meet with the Selection Committee so that the Committee could obtain more information about each of these vendors and the technologies they were offering. Accordingly, on February 5, 2015, the Selection Committee met with Barker/VASST, Carbon Cycle, and Green Power for question and answer sessions. Under the RFQ, a vendor could receive a maximum of thirty (30) points for "Operational Experience" and a maximum of ten (10) points for "Processing Capacity." In these two categories, the Barker/VASST proposal received zero (0) points from one of the members of the Selection Committee. On February 18, 2015, the Selection Committee evaluated, scored, and ranked all of the proposals that were received in response to the County's RFQ. In accordance with the requirements in the RFQ, points were awarded in five (5) categories: merits of the proposed technology; operational experience; processing capacity; financing; and other experience and qualifications. The scores for each vendor are shown in Exhibit "C". The individual scoring sheets used by the members of the Selection Committee are Updated: 4/15/2015 2:09 PM by Kelly Phelan Page 2 Packet Pg. 313 10.A.1 attached in Exhibit "D." Based on the scores established by the Selection Committee, the vendors were ranked as follows: 1. Green Power Operations, Inc. (440 points) 2. Carbon Cycle Power (420 points) 3. Enstorga USA/Chemtex (345 points) 4. Barker/VASST (338 points) 5. Green Energy/Advanced Conversion Technologies (326 points) 6. Green Photon Power (326 points) The Selection Committee concluded that Green Power should receive 440 points, Carbon Cycle Power should receive 420 points, and Barker/VASST should receive 338 points. Adding forty (40) points to Barker/VASST's score would result in a new total of 378 points, which is still significantly less than the total received by Green Power and Carbon Cycle Power. The Selection Committee recommended that the two highest ranked firms (Green Power Operations, Inc., and Carbon Cycle Power) should be shortlisted. Given the Selection Committee's determinations, an agenda item was prepared for the Board's consideration during the Board's regular meeting on March 31, 2015. The agenda item contained Staff's recommendation that the Board approve the recommendation from the Selection Committee. On March 24, 2015, the Purchasing Division posted the County's "Notice of Intent" for RFQ No. 14-057 on DemandStar.com. The Notice of Intent is attached hereto as Exhibit "E". The Notice of Intent states that, at the Board meeting on March 31, 2015, the Purchasing Division will request the Board to (a) approve the two shortlisted firms and (b) grant permission for the Staff to negotiate with the highest ranked firm. The Notice of Intent also included the following statement: "Failure to file a written protest of this action, in accordance with Section 11.1 of the St. Lucie County Purchasing Manual, shall constitute a waiver of the right to protest the award." On March 25, 2015 at 8:00 a.m., the Purchasing Division received an e-mail from Gary Morris of VASST. The e-mail is attached hereto as Exhibit "F". In his e-mail, Mr. Morris stated that he received a notification from DemandStar.com, informing him that a Notice of Intent had been issued for RFQ 14-057, but the DemandStar.com notification indicated that the Notice of Intent is "not available." Accordingly, Mr. Morris requested a "link" to the Notice of Intent. The Purchasing Manager sent a copy of the Notice of Intent to Mr. Morris via e-mail at 8:05 a.m. on March 25, 2015. On the morning of March 31, 2015, before the start of the Board meeting at 9:00 a.m., a letter of protest was delivered to the County Administration's reception area on the third floor of the County Administration Building. The letter of protest was printed on VAAST's stationery and it purported to be from Barker/VAAST. The letter was addressed to the County Attorney and each of the County Updated: 4/15/2015 2:09 PM by Kelly Phelan Page 3 Packet Pg. 314 10.A.1 Commissioners. A copy of the protest letter is attached as Exhibit "G". In light of the protest, Staff pulled the agenda item concerning RFQ No. 14-057 from the Board's agenda for the meeting on March 31, 2015. On April 1, 2015, the County Administrator, the County Attorney, the Purchasing Manager, and other members of the Staff met and discussed the letter of protest from Barker/VASST. The County Administrator decided to deny the protest because it did not comply with the requirements in the County's Purchasing Manual. Pursuant to Section 11.1 of the Purchasing Manual, Barker/VASST was required to file a letter of protest within twenty-four (24) hours after receiving the County's Notice of Intent. Therefore, to comply with the Purchasing Manual, Barker/VASST needed to file its letter of protest no later than 8:05 a.m. on Thursday, March 26. As noted above, Barker/VASST failed to file its letter of protest until Tuesday, March 31. On April 2, 2015, the Purchasing Manager sent a letter via e-mail and Federal Express to Barker/VASST. The letter notified Barker/VASST that the County Administrator denied the letter of protest. A copy of the County's letter to Barker/VASST is attached as Exhibit "H". The County's letter also advised Barker/VASST that pursuant to Section 11.2c of the Purchasing Manual, Barker/VASST could appeal the County Administrator's decision to the Board, but the appeal must be filed with the County Administrator within 24 hours. On April 3, 2015, the Purchasing Manager received a letter response via e-mail. The letter was printed on VASST's stationery, it purportedly was sent by Barker/VASST, and it stated that Barker/VASST wishes to appeal to the Board of County Commissioners. A copy of the letter dated April 3, 2015 from Barker/VASST is attached as Exhibit "I". On April 10, 2015, the Purchasing Manager received an e-mail from William Barker, the managing partner of Barker Consulting Partners. In his e-mail, Mr. Barker states that he would like to "disassociate" himself from the protest letter filed by VASST because "I have no idea of the contents [of the protest letter], having never seen it even to this day." Further, Mr. Barker states that "my agreement with VASST expired on 31 March 2015 and will not be extended." A copy of Mr. Barker's e-mail is attached as Exhibit "J." Thus, it appears that the protest was filed by VASST and is being pursued only by VASST. VASST'S LETTER OF PROTEST: In its letter of protest (Exhibit "G"), VASST raises one basic issue. VASST complains that one member of the Selection Committee gave zero (0) points to the Barker/VAAST proposal in two categories where there was the potential to earn a maximum combined score of forty (40) points. In light of these scores, VASST states: "We either did not demonstrate our effectiveness in these two areas or something was not explained properly. In comparing all three RFQ submittals we can see no reason why we did not fare the same as the other groups. We would like to clarify and correct any misconceptions." VASST's letter contains additional information about the proposal from Barker/VASST, as well as potential justifications for entering into a contractual arrangement with Barker/VASST. STAFF'S ANALYSIS OF THE ISSUES Updated: 4/15/2015 2:09 PM by Kelly Phelan Page 4 Packet Pg. 315 10.A.1 Staff believes there are several reasons why VASST's protest should be denied. First, VASST's protest was filed too late. VASST did not comply with the deadline in Section 11.1 of the Purchasing Manual. VASST has not given any explanation for its failure to comply with the deadline and it appears that the failure was caused solely by VASST's own negligence or neglect. If the Board waives the deadline for VASST under these circumstances, the Board will set a bad precedent that is likely to cause problems for the County in the future-i.e., other vendors will request the Board to waive the deadline in Section 11.1, even when the vendors' protests are filed many days too late. Second, VASST is requesting the County to conduct its evaluation process all over again. VASST is asking, in effect, for the Board and/or the Selection Committee to (a) give VASST another opportunity to submit information about its proposal and (b) then re -score Barker/VASST's proposal more favorably. If the Board grants this request from VASST, the Board presumably will need to give the same opportunity to all of the other vendors that submitted proposals in response to RFQ No. 14-057, so that all of the vendors are treated equally. After the County completes its reevaluation of all of the proposals, each of the vendors will have an opportunity to submit protests if they are unhappy with the outcome of the new scoring and ranking. Third, even if the Board grants VASST's request, there is no guarantee that VASST will be added to the County's short list of vendors. VASST complains that it should have received additional points in two (2) categories from one member of the Selection Committee, but even if VASST had received a perfect score for those two categories, the revised score would not place Barker/VASST among the top two (2) firms that are on the County's short list. Adding an additional forty (40) points to Barker/VASST's score will still leave Barker/VASST in third place, far behind the two vendors on the County's short list. For this reason, it appears that VASST has no legal standing to pursue a protest. Fourth, the County's RFQ explicitly warned all of the vendors that the County has the exclusive right to determine how many points it will award to each vendor. Part III of the County's RFQ is entitled "Evaluation of Qualifications" and it provides as follows: "The County will assign points based on the absolute merit of the responses by the Proposers, as well as the relative differences in the responses. The County reserves the right, in its sole discretion, to determine the number of points awarded under each criterion, based on the County's evaluation of all relevant information concerning each such criterion." (RFQ, Part III, page 13 of 15). Although VASST is unhappy with the score it received for its proposal, VASST clearly understood from the outset that the County would be the final arbiter concerning the scores. Fifth, VASST acknowledges in its letter of protest that: "We [VAAST] either did not demonstrate our effectiveness in these two areas or something was not explained properly." Staff agrees with this assessment. A review of the Barker/VASST proposal shows that Barker/VASST did not demonstrate its ability to meet the minimum requirements in the County's RFQ. Updated: 4/15/2015 2:09 PM by Kelly Phelan Page 5 Packet Pg. 316 10.A.1 The County's RFQ clearly identifies the minimum criteria that each vendor must satisfy. "For the purposes of this RFQ, the County is only interested in those Conversion Technologies that already have been demonstrated to operate successfully on demonstration or commercial scale. To be considered a viable candidate for the County's needs, a Conversion Technology must have a track record of successful performance at a facility that processes at least 100 tons per day of Municipal Solid Waste in a single process train (i.e., at least 100 tpd per unit." (RFQ, page 7 of 15, Section 2-1). The County's RFQ warned the vendors that "qualifying" items in the RFP "will determine whether the Proposer's submittal is acceptable." (RFQ, page 8 of 15, Section 2-3). In the category of "Qualifying Items", the RFQ contained a series of questions that each vendor must answer. These question were set forth under the heading "Minimum Requirements for the Proposed System." (RFQ, page 9 of 15, Section B.2). The following paragraphs quote some of the relevant questions in the RFQ concerning the minimum requirements for each vendor's system. Following each question is the response provided by Barker/VASST. These responses are quoted from pages 15 - 17 of the Barker/VASST proposal. RFQ Question: 2. Minimum Requirements for the Proposed System (a): Confirm that there is at least one facility that currently uses the Proposer's Conversion Technology to process at least 100 tons per day of Municipal Solid Waste in a single process train (i.e., 100 tons per day per unit). Barker/VAAST Response: "There is currently no plasma dissociation machine [i.e., like the one proposed by Barker/VAAST] successfully operating on a commercial basis at 100 tons or more per day. However, most of the members of our team worked at Startech. While Startech's demonstration facility had a rated capacity of 5 tons per day, we are confident that a facility can be built that will operate at 100 tons per day in a single process train and we have plans to do so." RFQ Question 2(a) Also confirm that: 1. The Proposer or one or more of its key team members have been substantially involved in the construction or operation of the facility identified above. Barker/VAAST Response: Updated: 4/15/2015 2:09 PM by Kelly Phelan Page 6 Packet Pg. 317 10.A.1 "As indicated above, most of the members of our team worked at Startech. While it was widely acknowledged that the Startech technology was the most advanced, its poor business practices doomed the company. Building on the non-proprietary intellectual property of the Startech design, our team can replicate and improve the technology while rectifying the faulty business practices - the latter to be demonstrated by answers to later questions in the RFQ." RFQ Question 2(a) Also confirm that: 2. Such facility has successfully completed its acceptance tests and has operated for at least the past 12 months (minimum). Barker/VAAST Response: "Not applicable; see our answer to 2a above." RFQ Question: 2(a) Also confirm that: 2. Such facility has a minimum throughput capacity of at least 100 tons per day while processing Municipal Solid Waste. Barker/VASST Response: "Not applicable; see our answer to 2a above." RFQ Question 2(a) Also confirm that: 4. Such facility, without major modification or equipment changes other than for the acceptable application of good engineering practices for scale up, would substantially represent the system proposed for St. Lucie County. Barker/VASST Response: "As indicated above, the demonstration facility we propose will be based on the non- proprietary intellectual property of Startech equipment, modified and improved as the application of good engineering practices." updated: 4/15/2015 2:09 PM by Kelly Phelan Page 7 Packet Pg. 318 10.A.1 RFQ Question 2(a) Also confirm that: 5. Such Facility, without major modification or equipment changes other than for the acceptable application of good engineering practices for scale up, would be suitable for meeting the County's need for 550 tpd [tons per day] of disposal capacity and would be able to successfully process the County's municipal solid waste, given its current characteristics. Barker/VASST Response: "When the time comes to scale up our demonstration facility, we will keep the Facility [sic] informed as the nature of the engineering steps taken to accomplish the scale up. We are optimistic since Startech's experience (physical scale up in process and engineering analysis) suggests that scale up to these levels was well within reason." RFQ Question 2(a) Also confirm that: 6. Such facility can be visited and inspected by the County's representative, if a site visit of the facility is requested. Provide the name and phone number of the contact person at such facility. Barker/VASST Response: "No such demonstration facility exists at present." In sum, the proposal submitted by Barker/VASST demonstrates that Barker/VASST does not meet the minimum requirements established by the County for an acceptable Conversion Technology. Given the information in the Barker/VASST proposal, it is not surprising that the Barker/VASST proposal received a relatively low score from the Selection Committee. In its letter of protest (Exhibit "G"), VASST now alleges that it has a "demonstration unit" that "is currently in Japan on loan...." However, VASST did not identify any facility anywhere in the world that is currently in operation and processes 100 tons per day of Municipal Solid Waste, as required in the County's RFQ. Mr. Barker's e-mail (Exhibit "J") indicates that Barker Consulting Partners has terminated its relationship with VASST. Since the proposal to the County was submitted by Barker Consulting Partners and "a team of individuals and companies," it is unclear whether the proposal continues to be valid. Further, it is unclear whether VASST has legal standing to file or pursue a protest, without Barker Consulting Partners. Updated: 4/15/2015 2:09 PM by Kelly Phelan Page 8 Packet Pg. 319 10.A.1 COUNTY ADMINISTRATOR'S DETERMINATION: As indicated in the letter dated April 2, 2015 from the Purchasing Manager to Barker/VASST (Exhibit "H"), the County Administrator denied the letter of protest from VASST because VASST failed to comply with the requirements in Section 11.1 of the County's Purchasing Manual, which contains a twenty-four (24) hour deadline for submitting a protest. PREVIOUS ACTION: On March 31, 2015, an agenda item concerning RFQ No. 14-057 was submitted to the Board from the County Attorney's office. This agenda item requested the Board's approval of the short list for RFQ No. 14-057 and it requested permission for Staff to negotiate with the highest ranked firm. This item was pulled from the Board's agenda after VASST filed a written protest. FINANCIAL IMPACT: N/A RECOMMENDATION: The County Administrator recommends that the Board deny the protest filed by VASST for the reasons set forth in the Purchasing Manager's letter dated April 2, 2015 (Exhibit "H")-Le., the protest was not filed in time to comply with Section 11.1 of the Purchasing Manual. COMMISSION ACTION: Coordination/Signatures /) dA j Danie 5. McIntyre, c my ttorney 4/15/2015 71ard Tipton, Count Administrate 4/15/2015 Updated: 4/15/2015 2:09 PM by Kelly Phelan Page 9 Packet Pg. 320 10.A.1.a RFQ No. 14-057 REQUEST FOR QUALIFICATIONS TO UTILIZE A CONVERSION FACILITY TO PROCESS MUNICIPAL SOLID WASTE FOR ST. LUCK COUNTY DUE'DA'T'E. Wednesday, October 22, 2024 DUE TIME: 3:00 P.M. St. Lucie County Purchasing Department 2300 Virgin [a Avenue, Room 228 Ft. Pie&e, Florida 34982-SSS2 (772) 462-1700 EMIDIT "A" 0 z CY U- N 0 a` Ln oo N a x w c m E z c� a Packet Pg. 321 10.A.1.a BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REQUEST FOR QUALIFICA71ONS Sealed Qualifications will be received at the Purchasing Department, 2300 Virginia Avenue, Room 228, Fort Pierce, FL 34982, until 3:00 PM local time on Wednesday, October 22, 2014, for the following: RFP No. 14-0S7 REQUEST FOR PROPOSALS TO UTILIZE A CONVERSION FACILITY TO PROCESS MUNICIPAL SOLID WASTE FOR ST. LUCIE COUNTY RFQ documents may be obtained via the Internet using the County's website at http://www.co.st4utie.fl.us. If you do not have Internet access, you may obtain the documents by calling DemandStar by Onvia 800-711-1712 and requesting Document Number 14-057, or by contacting the Office of the Purchasing Director at (772) 462-1700, or by visiting the Purchasing Department at 2300 Virginia Avenue, Fort Pierce, Florida, 34982. Responses to this RFQ may be either mailed or hand delivered to the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, FL 34982, Any responses to this RFQ received after the above stated time will be returned to the proposer unopened. - The Board of County Commissioners reserves the right to: waive any informalities or minor irregularities; reject any and all Qualifications which are incomplete, conditional, obscure, or which contain additions not allowed for; accept or reject any Qualifications or proposal, In whale or in part, with or without cause; and accept the Qualifications or proposal which best serves the County. For information concerning this RFQ and other procurement matters, visit the St. Lucie county Purchasing Web Site at http://www.co.st-lucle.fl.us. St. Lucie County is an Equal Opportunity/Affirmative Action Employer. Board of County Commissioners St. Lucie County, Florida By: Desiree Camino, Purchasing Manager Publish: Sunday, September 7, 2014 6 z a w o: a� 0 a LO w N Q x w r c m E U r r Q Packet Pg. 322 10.A.1.a TABLE OF CONTENTS Part I General information 1-1 Definitions 1-2 Invitation to Submit Qualifications; Purpose 1-3 Issuing Office and Location of Proposal Opening 1-4 Contract Awards 1-5 Development Costs 1-6 Inquiries 1-7 Timetables 1-8 Delays 1-9 Proposal Submission and Withdrawal 1-10 Irregularities; Rejection of Qualifications 1-11 Addenda 1-12 Equal Opportunity 1-13 Oral Presentation 1-14 Insurance 1-15 Lobbyist Disclosure Requirement 1-16 Public Entity Crime Statement 1-27 Unauthorized Allen Workers Part II Statement of Work 2-1 Background 2-2 Scope of Work 2-3 Proposers Information and Qualifications Part Ili Evaluation of qualifications Part IV The CaunWs Review Process and Subsequent Actions Packet Pg. 323 10.A.1.a PART GENERAL INFORMATION 1-1 DEFINITIONS The following definitions shall be used in this Request for Qualifications ("RFQ"): (a) "County" shall mean St. Lucie County. (b) "Municipal Solid Waste" or "MSW" means garbage, rubbish, and trash from typical housekeeping activities in homes and businesses. For the purposes of this RFQ, MSW does not include construction and demolition debris, yard trash, or hazardous waste. (c) "Proposer" shall mean each contractor, consultant, organization, firm, or other person that submits a response to this RFQ. (d) "Qualifications" shall mean a Proposer's response to this RFP. (e) "Conversion Facility" shall mean a facility that uses a conversion technology to process MSW for the County. (f) "Conversion Technology" shall mean an Innovative technology that uses energy to convert Municipal Solid Waste Into gases or elements (e.g. carbon, hydrogen, gaseous or liquid fuels) that, in turn, are used for the production of useful products (e.g., electricity, steam, fuel). Proposals may include demonstration facilities, on or off -site conversion facilities. For the purposes of this RFP, Conversion Technology does not include Incinerators, which burn Municipal Solid Waste but do not Include energy (heat) recovery systems. 1-2 INVITATION TO SUBMIT MMUE10110so PURPOSE The Board of County Commissioners of St. Lucie County, Florida (the "Board") hereby solicits Qualifications from any Proposer that is willing and qualified to utilize a Conversion Facility to process Municipal Solid Waste for St. Lucie County. The purpose of this solicitation is to obtain information about the Proposers. The County wants to determine whether the County should enter into a contract or contracts with Proposers for the utilization of a Conversion Facility. 1-3 ISSUING OFFICE AND LOCATION OF PROPOSAL OPENING 1of15 6 z U w o: U) 2 0 L. IL LO w N Q x w r E r r a Packet Pg. 324 10.A.1.a 1-4 1-5 1-6 St. Lucie County Purchasing Department Administration Annex 2300 Virginia Avenue, Room 228 Fort Pierce, Florida 34982 CONTRACT AWARD The issuance of this RFQ does not constitute and shall not be construed to create an agreement or a contract between the County and the Proposer. The Qualifications of each Proposerwill be reviewed by the County and then the Board will determine whether it wishes to enter into a written agreement with any Proposer. There will not be a contract until there is a written agreement that is approved and executed by both the Board and the successful Proposers. The County reserves the right to enter into multiple contracts. A time limit for'the execution of a contract will be six months. if a contract cannot be negotiated within six months the County reserves the right to terminate negotiations. DEVELOPMENT COSTS Neither the County nor its representatives shall be liable for any expenses Incurred by any Proposer In connection with the preparation of a response to this RFQ Each Proposer knowingly and voluntarily accepts the risk that they may not be awarded a contract as a result of submitting a response to this RFQ. Each Proposer should prepare their Qualifications simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFQ, INQUIRIES The County will not respond to oral Inquiries. Proposers may mail or fax written inquiries for Interpretation of this RFQ to: Desiree Cimino, Purchasing Manager St. Lucie County Purchasing Department Administration Annex 2300 Virginia Avenue, Room 228 Fort Pierce, Florida 34982 (772) 462-1704 (fax) ciminod@stiucieco.ore (e-mail) The County will respond to written inquiries If received at least 15 days prior to the Proposers' deadline for delivering their Qualifications to the County. 2 bf 35 6 z C� w a� 0 a LO T- oo N Q x w r c m E U R r r Q Packet Pg. 325 10.A.1.a 1-7 1-8 1-9 The County will issue its response to Inquiries and any supplemental instructions in the form of a written addendum. If addenda are Issued, the County will issue the written addenda at least 5 days before the deadline for the Proposers to deliver their Qualifications to the County. TIMETABLES The Board and the Proposers shall adhere to the following schedule in all actions conceming this RFQ. A. On September 7, 2014, the Board issues the RFQ. The County must receive the Qualtfications by 3:00 PM on Wednesday, ®ctober 2-2, Z014. C. After the Qualifications are received from the Proposers, the County's selection Committee will review and evaluate the Qualifications on a timely basis. Thereafter, the recommendation(s) of the Selection Committee will be presented to the Board. The County may delay scheduled due dates if it is to the advantage of the County. The County will notify Proposers of all changes In scheduled due dates by issuing written addenda. PROPOSAL SUBMISSION AND WITHDRAWAL The County will accept Qualifications only at the following address: St. Lucie County Purchasing Department Administration Annex 2300 Virginia Avenue, Room 228 Fort Pierce, Florida 34982 Each Proposer shall submit their qualifications to the County in an opaque package that Is marked as follows: "RFQ 14-057 REQUEST FOR QUALIFICATIONS TO UTILIZE A CONVERSION FACILITY TO PROCESS MUNICIPAL SOLID WASTE FOR ST. LUCIE COUNTY". The package shall also Identify the Proposer's name and the Proposers return address. 3of1S 6 z U w o: a� 0 L a LO w N Q x w r c m E U r r Q Packet Pg. 326 10.A.1.a Proposers shall submit ten copies (10), Including one marked "original" on the outside (with an original signature inside), of their Qualifications In a sealed, opaque package marked as noted above. The Proposer may submit their Qualifications in person nor by mail. THE GOUNTY (MUST RECEIVE ALL QUALIFICAT'lONS BY 3:00 PM ON WEDNESDAY, OCTOBE R 22, 2014 Due to the irregularity of mail service, the County cautions Proposers to assure actual delivery of Qualifications to the County prior to the deadline set for receiving Qualifications. Telephone confirmation of timely receipt of the Qualifications may be made by calling (772) 462-1700 before the deadline for delivering Qualifications to the County. Qualifications received after the deadline will be returned unopened to the Proposer. Proposers may withdraw their Qualifications by notifying the County in writing at any time prior to the opening. Proposers may withdraw their Qualifications in person or through an authorized representative. Proposers and authorized representatives must disclose their Identity and provide a signed receipt before withdrawing their Qualifications. Qualifications, once opened, become the property of the County and will not be returned to the Proposers. Upon opening, 'Qualifications become "public records" and shall be subject to public disclosure in accordance with Chapter 119, Florida Statutes. 1-10 IRREGULARITIM REJEMON OF UALIFICATIONS Qualifications not meeting the minimum terms stated herein may be rejected by the County as non -responsive or irregular, However, the County reserves the right to waive any Irregularities, technicalities, or deficiencies in the Information In any proposal. The County reserves the right to reject the Qualifications of any Proposer that Is in arrears or In default upon any debt or contract to the Board of County Commissioners of St. Lucie County or with other governmental jurisdictions. The County reserves the right to reject any or all Qualifications, without cause. 1-11 ADDENDA If revisions to the RFQ become necessary, the County will issue written addenda at least five days prior to the deadline for the delivery of the Qualifications to the County. This schedule will be adhered to even if the deadline roust be postponed in order to comply with the time requirements. Any changes to the RFQ will be made available for all prospective Proposers to receive, The County also will send a copy of the addenda by fax to each person that requested a copy of the -RFP and provided a fax number to the St. Lucie County Purchasing Department. Although the County will issue the addenda, and 4 of 15 6 z U w o: a� 0 L a LO w N Q x w r c a� M U R r r Q Packet Pg. 327 10.A.1.a 1-12 1-13 1-14 1-15 the County will attempt to provide a copy of the addenda by fax, it Is the sole responsibility of each Proposer to ensure that It receives the addenda. EQUAL OPPORTUNITY The.County recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority and women business enterprises. The County requests minority and women business enterprises to submit evidence of such classification with their qualifications. ORAL PRESENTAMN If any Proposers are selected for a final short list, such Proposers may be required to render an oral presentation to the Selection Committee and the Board of County Commissioners. Among other things, the Proposers may be required to address their past achievements using conversion facilities, the adequacy of their personnel, their past record of performance, their other experience, and such other factors as may be determined by the Selection Committee or Board. The $election Committee, Board, or staff will schedule the presentations, if any. INSURANCE The Proposer, if awarded a contract, shall maintain Insurance coverage reflecting the minimum amounts and conditions required by the County. In addition, the successful Proposer must provide the County with a bond, in a form and amount acceptable to the County, to ensure the long term performance of the Proposers proposed technology. LOBBYIST DISCLOSURE REQUIREMENT Pursuant to Article IV of Chapter 1-2 of the code of Ordinances of St. Lucie County, Florida, any professional consultant who utilizes the services of a lobbyist as defined in Section I- 2-62 is required to make full disclosure with the Clerk of the Board prior or concurrently with the submission of a proposal to the Board for the performance of any services for the Board. Such disclosure shall include the following; A. The name of any lobbyist employed directly or indirectly by the consultant for the purpose of influencing or attempting to influence the selection of the professional consultant by the Board. B. The name and address of the lobbyist. 5of15 6 z CY w a� 0 L a LO 00 N Q x w r c m E M U R r r Q Packet Pg. 328 10.A.1.a C. The length of such agreement, contract or understanding and the amount of any fee, gratuity, compensation or consideration paid or promised to be paid to the lobbyist either before or after hiring whether or not same is set out as compensation for the lobbying or is for other services. The disclosure shall be filed with the Clerk on forms provided by the Board and such records shall be open to the public. 1-16 PUBLIC ENTITY CRIME STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the County, may not submit a bid on a contract to the County for the construction or repair of a public building or public work, may not submit bids on leases of real property to the County, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the County, and may not transact business with the County in excess of $10,000.00 for a period of 36 months from the date of being placed on the convicted vendor list. 1-17 UNAUTHORIZED ALIEN WORKERS The County will not intentionally award publicly -funded contracts to any contractor who N knowingly employs unauthorized alien workers, constituting a violation of the, employment provisions contained in 8 U.S.C. Section 1324a(e) [ Section 274A(e) of the Immigration and Nationality Act ("INA")). The County shall consider the employment by LO any contractor of unauthorized aliens a violation of section 274A(e) of the INA. Such v violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this agreement by the County. z a a_ o: a� 0 L a LO w F4 O t X W r C d E t v 6 of 15 r r Q Packet Pg. 329 10.A.1.a DART iI STAT1EMFNT QF WORK MUNICIPAL SOLID WASTE PROCESSING USING THERMAL CONVERSION: REQUEST FOR QUALIFICATIONS (RFP) Subject to the requirements In this RFD., qualified Proposers are hereby invited to submit a statement describing their experience, qualifications, and ability to utilize a Conversion Facility to process Municipal Solid Waste (MSW) for the County. 2-1 BACKGROUND over the past decade, St. Lucie County's Solid Waste Department has reviewed developing solid waste technologies and alternatives that would significantly extend the useful life of the county's existing landfill site. St. Lucie County already has developed and operates a baling facility for Class I waste and a processing facility for construction and demolition debris, The successful Implementation of these facilities has significantly extended the useful life of the County's landfill, which receive approximately 800 tons of solid waste per day. Approximately seven years ago, the Solid Waste Department began researching emerging and promising waste management technologies, The goal was to find a technology that was proven and could be observed in commercial scale operations. To be considered a viable option, the technology had to be cost-effective and more environmentally friendly than traditional methods of solid waste disposal. The County has concluded that certain Conversion Technologies meet these criteria. For the purposes of this RFD., Conversion Technology shall mean an innovative technology that uses energy to convert Municipal Solid Waste into gases or elements that, in.turn, are used for the production of useful products, such as steam, electricity, or fuel. As defined herein, Conversion Technology does not Include traditional incinerators that do not recover energy. For the purposes of this RFQ, the County is only interested In those Conversion Technologies that already have been demonstrated to operate successfully on demonstration or commercial scale. To be considered a viable candidate for the County's needs, a Conversion Technology must have a track record of successful performance at a facility that processes at least 100 tons per day of Municipal Solid Waste in a single process train (i.e., at least 100 tpd per unit). As defined herein, Municipal solid waste means garbage (food waste), rubbish, and trash from typical'housekeeping activities In homes and businesses. Municipal Solid Waste does not Include construction and demolition debris, yard trash, or hazardous waste. 7of15 6 z U w o= a� 0 a LO oo N Q x w r c a� E U M r r Q Packet Pg. 330 10.A.1.a A Conversion Technology will not be considered viable by the County unless the cost of using the Proposer's Conversion Facility is less than the cast of using the County's existing solid waste management facilities. The County currently charges approximately forty one dollars ($41.00) for the disposal of the Municipal Solid Waste It receives at the County's landfill. 2-2 SCOPE OF WORK St. Lucie County will require the successful Proposer to utilize a Conversion Facility under a 5 to 20-year contract. The County will not enter into a contract for more than 20 years, The County may provide a site for the Facility on the St. Lucie County Baling and Recycling Facility property. The proposed site for the Conversion Facility may be off -site. St. Lucie County may provide the successful Proposers with up to all of the MSW that is received at the County's landfill. The County currently receives approximately 550 tons per day of class one solid waste. The County will not guarantee the quantity or quality of the MSW that the County will be able to deliver to the Conversion Facility. The County will not agree to any "put or pay" arrangement. If a Proposer contemplates constructing a commercial demonstration facility, an area of up to four (4) acres may be available. To the greatest extent possible, in any contract between the County and the successful Proposer, the Proposer shall be solely responsible for all risks associated with the design, permitting, financing, construction, maintenance, and operation of its facility. 2-3 PROPOSER'S INFORMATION AND UALIFICATIONS Each Proposer must provide the information requested.in Sections A and @, below. in addition, each Proposer should provide any additional information that the Proposer believes will demonstrate the Proposer Is qualified to provide the services and perform the work requested by the County in this RFQ, "Informative" and "qualifying" items must be addressed In the Proposer's submittal in order to render the submittal responsive and acceptable. informative Items are Intended to provide general information and qualifying items will determine whether the Proposer's submittal is acceptable. Submittals that fail to be precise, factual, accurate, and complete may be rejected. A. Informative items: 1. Oreanizational Data (a) The Proposer's name, mailing address, and telephone number. (b) The Proposer's representative (Contact Person) for the purposes of this RFQ. 8of15 6 z C'1 w o: a� 0 a LO w N Q x w r c a� E t U r r Q Packet Pg. 331 10.A.1.a B. (c) The mailing address, phone number, fax number, and e-mail address for the Proposer's representative. (d) Describe the Proposer's business organization (i.e., whether the Proposer is a corporation or other type of business entity) and identify the date when the business organization was formed. (e) identify the officers of the Proposer's business organization, as well as any Investor, general partner, or shareholder that controls 25% or more of the business. (f) If the Proposer has assembled a team of businesses to perform the work for the County, provide the name, address, and contact information for each business that is a key member of the Proposer's team, and describe the role that will be played by each key member of the Proposer's team. Qualifying items: 1. Proposer's Conversion Technoloy (a) identify and describe, in detail, the Conversion Technology that the Proposer intends to use to process the County's MSW, (b) Identify and 'describe, In detail, any other innovative technologies or processes that the Proposer intends to use to process the County's MSW. (c) Identify and describe the products (e.g., electricity; steam; fuel), if any, that the Proposer intends to produce with the County's MSW. (d) Provide a process flow chart that includes all of the major components of the system that the Proposer intends to provide to the County. (e) Provide a block drawing that depicts all of the major components of the system that the Proposer intends to utilize. (f) If applicable, identify the amount of space needed for the construction of the proposed commercial demonstration Conversion Facility, including all associated and ancillary activities and land uses. (g) Provide the proposed timelines for the initiation and completion of permitting, financing, construction, and start-up/shakedown activities. (h) Provide a description of the air pollution control systems that will be used on the Conversion Facility and, If known, Identify and describe the anticipated airborne emissions (i.e., identify the types of pollutants and concentrations of pollutants), if It is located on -site. Minimum Requirements for the Pr000sed System (a) Confirm that there Is at least one facility that currently uses the Proposer's Conversion Technology to process at least 100 tons per day of Municipal 9 of 15 6 z C'1 w rr a� 0 a LO w Q t K w r c m E U R r r Q Packet Pg. 332 10.A.1.a Solid Waste in a single process train (i.e., 100 tons per'day per unit). Also confirm that: 1. The Proposer or one or more of its key team members have been substantially involved in the construction or operation of the facility identified above. U) 2, Such facility has successfully completed its acceptance tests and a has operated for at least the past 12 months (minimum). 3. Such facility has a minimum throughput capacity of at least 100 tons per day while processing Municipal Solid Waste. 4. Such facility, without major modification *or equipment changes other than for the acceptable application of good engineering o practices for scale up, would substantially represent the system a` proposed for St. Lucie County, r 5. such facility, without major modification or equipment changes other than for the acceptable application of good engineering practices for scale up, would be suitable for meeting the County's Ui need for 550 tpd of disposal capacity and would be able to c successfully process the County's MSW, given its current L characteristics. 6. Such facility can be visited and inspected by the County's o representatives, if a site visit of the facility Is requested. Provide v the name and phone number of the contact person at such facility. R N (b) Confirm that the Conversion Facility proposed for the County will be able = r to process 550 tons per day of Municipal Solid Waste, as received from the D County. LO (c) In addition to the Information provided in response to item 13.2(a), above, e identify and describe all commercial scale facilities that currently are using the Proposer's Conversion Technology to process Municipal Solid Waste or z similar materials. Por each such facility, identify and describe: the type of material that is being processed; the products that are being produced; the U- maximum design rated capacity of the facility, the amount of material that N the facility actually processes on a daily basis; the date when the facility commenced commercial operation, and any significant operational L 13- problems that the facility has encountered. with regard to the Information requested in this paragraph (c), the Proposer must accurately LO w report the Information that is known to the Proposer, but the Proposer is not obligated to conduct an independent investigation into the facts Q concerning the facilities that are identified in response to the questions contained In this paragraph (c). x (d). Provide a commitment from the manufacturer or other confirmation that w the Proposer has the ability to acquire and install the Conversion Technology proposed for the County's waste. E 10 of 15 r r Q Packet Pg. 333 10.A.1.a 3. 4. Proposer's Experience and Personnel (a) Describe the Proposer's experience with the permitting, financing, construction, and operation of: (1) facilities that use the . Conversion Technology that the Proposer is recommending in this case to process at least 100 tons per day of Municipal Solid Waste in a single process line; (ii) other solid waste management facilities; and (iti) facilities that are similar to the one recommended by the Proposer in this case. (b) With regard to the key Individuals and business orgahizations that will be assisting the Proposer with the permitting, financing, construction, and operation of the proposed Conversion Facility for the County, describe their relevant experience concerning the facilities identified in item B.3(a), above. If appropriate, submit resumes for the key personnel on the Proposer's team. Also provide an organizational chart or description of the organizational structure that will govern and coordinate the activities of the Proposer's team, both with regard to the construction of the proposed facility and with regard to the operation of the proposed facility. (c) Provide a complete list of all felony convictions (including pleas of no contest) involving the Proposer. Provide the same information for the Individuals and businesses Identified In response to items A.1(e) and (f), above. (d) Provide a complete list of all misdemeanor convictions (including pleas of no contest) within the last ten years involving violations of environmental laws or regulations by the Proposer. Provide the same information for the individuals identified in response to Item A.1(e), above. (e) Identify and describe all cases where the Proposer had a contract to provide services or construct a facility and such contract was terminated because of the Proposer's failure to perform. Provide the same information for the businesses identified in response to item.A.1(f), above, for cases that occurred within the last ten (10) years. Froposer's Flnanclal and Other Assets (a) Describe the financial resources of the Proposer. (b) Describe the financial resources of each key business organization that is Identified in the Proposer's response to Item A.1(f), above. (c) Confirm that the Proposer has the ability to provide 100% of the financing for the designing, permitting, construction, and operation of the Conversion Facility that the Proposer will use for the County's waste. (d) Confirm that the Proposer has all of the licenses, patents, and other approvals needed to use the Conversion Technology and other Intellectual property that the Proposer intends to use in this case, 11 of 15 6 z a w o: a� 0 a LO oo Q x w r c m E U R r r Q Packet Pg. 334 10.A.1.a (e) Confirm that the Proposer will provide a performance bond to ensure the successful long-term operation of the Conversion Technology that. the Proposer has selected for the CounWs facility and identify the maximum amount of the bond that the Proposer will provide. (f) state whether the Proposer has ever declared bankruptcy or otherwise sought relief from Its creditors under bankruptcy or similar laws. if the answer Is yes, please describe the circumstances concerning such event. 12 cf 15 0 z CY a_ a� 0 L a LO w N Q t X W r C d E t v R .r .r Q Packet Pg. 335 10.A.1.a PART III EVALUATION OF QUALIFICATIONS After the County receives the Proposers' responses to this RFO, the County will evaluate the responses in light of five major criteria: (1) the general merits of the proposed Conversion Technology; (2) the operational record of the proposed Conversion Technology; (3) the processing capacity and limitations of the proposed Conversion Facility; (4) the Proposer's ability to obtain financing for the proposed Conversion Facility; and (5) the Proposer's general experience and qualifications. The primary factors that will considered by the County when evaluating the five major criteria are set forth below. The maximum number of points assigned for each criterion Is indicated below, with a maximum total of one hundred (1.00) points available for each Proposer. The County will assign points based on the absolute merit of the responses by the Proposers, as well as the relative differences In the responses. The County reserves the right, in Its sole discretion, to determine the number of points awarded under each criterion, based on the County's evaluation of all relevant Information concerning each such criterion. The County reserves its right to conduct its oven investigation into the relevant facts. The County also reserves its right to consider other relevant factors when evaluating the Proposers under the five major criteria. MERITS OF THE PROPOSED TECHNOLOGY - 40 points 1. Drawing and plans for the proposed facility 2. Design and operation of the conversion system (e.g., cupola/vessel) 3. design and operation of any pre-processing system 4. Timeline for permitting, financing, and construction of the proposed facility 5. Amount of space required for the proposed facility If located on -site 6. Marketability of the products produced by the facility 7. Anticipated emissions from the proposed facility if located on -site S. Performance guarantees provided by the Proposer for capacity, availability, emissions, and other features of the facility if located on -site 9. Proposed processing fee (all inclusive cost per ton) for County's use of the Proposer's facility OPERATIONAL EXPERIENCE - 30 points 1, operational facilities with a processing capacity of at least 100 TPD of MSW 2. Months of successful operations 3. Throughput (processing capacity) of such facilities 4. Number of years of successful operations while processing MSW or other waste materials 1,3 of 15 6 z a w o: a� 0 L IL LO w N Q x w r c a� E U R r r Q Packet Pg. 336 10.A.1.a PROCESSING CAPACITY 10 points 1. Capacity of any pre-processing system (measured in tons per day) 2. Capacity of the Conversion Technology and related systems 3. Ability to easily increase the processing capacity of the Conversion Facility (e.g., modular design) FINANCING 10 points 1. Proposer's demonstrated ability to finance the County's project 2. Financial strength of the Proposer and Its team OTHER EXPERIENCE AND QUALIFICATIONS - 10 points 1. The Proposers experience and qualifications 2. The experience and qualifications of the Proposer's team 14 of 1S 0 z CY a_ a� 0 L a LO w N Q t X W r C d E t v 0 r r Q Packet Pg. 337 10.A.1.a PART IV THE COUNTY S REVIEW PROCESS AND SUBSEg_U NT ACTIONS The County reserves Its right to. waive any informalities or minor irregularities in any response to this RFP; reject any and all responses to this RFP that are incomplete, inaccurate, conditional, obscure, or which contain limitations or additions not allowed for; accept or reject any response, in whole or in part, with or without cause; and accept the response which best serves the County's interests. The County has not yet determined the process that it will follow after it receives and evaluates the Qualifications submitted in response to this RFQ. If the County determines there are two or more Proposers that are qualified to provide the services described In this RFQ, the County may issue a Request for Proposals ("RFP") to the Proposers that are deemed qualified. In the alternative, the County may conduct negotiations and then enter Into a contract with the Proposer or Proposers that are deemed most responsive to this RFQ. Given the County's uncertainty about the Qualifications that will be submitted In response to this RFQ the County reserves its right to. (a) request additional information from one or more Proposers before making any decision; (b) Issue an addendum and then solicit the submittal of new or additional Qualifications; (c) issue an entirely new RFQ; (d) issue an RFP; (e) conduct negotiations with two or more Proposers concurrently; (f) reject all Qualifications; and (g) take any other action it deems in the best interests of the County. Depending upon the responses it receives to this RFQ, the County may, at its sole option, decide to finance the utilization of the Thermal Conversion Facility, rather than having a Proposer finance the project, If the County deems such action to be in the best interests of the County. 15 of is r Q Packet Pg. 338 10.A.1.a ADDENDUM 411 RFQ No. 14-057 REQUEST FOR QUALIFICATIONS TO UTILIZE A CONVERSION FACILITY TO PROCESS MUNICIPAL SOLID WASTE September 16, 2014 To: All prospective Bidders: The following changes, additions, clarifications, and deletions amend the Sid Documents of the above captioned Project, and shall become an integral part of the Contract Documents. Please note the contents herein and affix same to the documents you have on hand, Indicate on the Bid Form that this Addendum has been received, g UESTIONSIANS ERS: Qi: Do you happen to have an analysis of the waste at your landfill for me to use to help determine the gas scrubbing needs as I prepare this RFQ? If not, I will use industry norms but it would be helpful to be as accurate as possible. Al: We wall not guarantee the quantity or quality of the waste. We have a composition study (included with this addendum) from 2006 but will not guarantee the composition. ATTACHMENT: 2006 Composition Study Please sign and return by mail or fax to (772) 462-1704, Name of Firm, Signature: Date: ADDENDUM 91 - RFQ #14-M7 6 z a u_ a: N O r O L. IL ao N a x w c a) E a Packet Pg. 339 10.A.1.a A weighted average was calculated using, the known ratio of commercial to. residential waste provided by staff -at the Baling and Recyding Facility (65 parce-nt residential and 35 percent commercial). Table 2-6 and Figure 2,3 presentthe weighted average waste composition by category based on the waste sorted. Miscellaneous paper accounted for the -highest weighted overall percentage.bf volurme.during the study with an average of 14.57 percent. Other plastics, yard waste, and cardboard accounted for the next highest percentages, averaging 1:3.67,.13.40, and 1.1.84 percent, respectively. The weight percentages -by category for samples 1 through 12 are presented graphically inFigci 2-4 through Figure 2-16, respectively. Appendix E chains the completed data sheets for each load. Table 2.6 Average Weighted Mesta Com osttlon Refuse Component Residential (65%) Oommertiai (36%); welghted Average. Cambusffbles Newspaper 2.96% 1.50% 3.24% Cardboard 7.69% 19.560 11.84% Miscellaneous Paper 16.77% 10.47'Y 1.4.67% Plastic Bottles 2.99% 2.63% Z87% Other Plastics 13.32% 14.32% %67% i ektlBS 2.88°!0 6,39�0 3.76% Food -Wastes 6.12% 7.80% 6.71% Yard Wastes 19.67% 1.769/a i 3.404'a Rubber 0.27% 0.20% 0.27% Canstructlon Debris 6.29% 6.3@% 6.67% Electronics . 1.10% 1.69% Ferrous 3.69% 6.67% 4.70% Nan -ferrous 1.38%. 0.66% 1.13% Glasslcerarnic 611..9% 2..ss% 4.30% Organic Q.95% 0:040A 0.83% Household HazardousWeistes 0.66% 0,51% 0.62%. ConstructlorrDebris 7.64'/a. 16.95,.°h 10.80% Other urns 0.42% 0.25% _ 0.36°k 1. Approodmately 66 Pe[CO"t Ot aR h1COMI1Q UM 1 M MY M mr,196DUM, VI EHIira"1111}j, va }+ar. yr a o a an 1 rn.®rw®r. ADDENDUM # 1 - RFQ #14-057 6 z U LL fA d O L. IL LO w N Q t x W r C d E t v R .r .r Q Packet Pg. 340 10.A.1.b EXHIBIT "Bee Below Is a summary of each proposal submitted for RFQ 14-057. The two top ranked firms were 1. Green 3 Power and 2. Carbon Cycle Power, The most beneficial proposal for the County would be Green 3 Power. This is due to the fact that they would process all of our waste and consume the landfill leachate through the process. They would utilize It as process and cooling water. Green3 Power 0ocratr'ons Facility type Commercial scale Technology Gasification Design life 30 years Initial Design capacity 550 tons per day Maximum capacity 1,200 tons per day Feedstock Solid waste and landfill leachate Area 4 acres Ash 4.5 percent to be utilized In concrete block Products Approximately 48,000 gallons of diesel fuel per day Carbon Grade Power Facility type Demonstration Technology Electric arc gasification/plasma field s,DOO degrees F Design life 30 years Initial design capacity 120 tons per day Maximum capacity Modular Feedstock Solid waste Area 1 acre Ash None Product/s Synthesis gas En a Facility type Commercial Technology Mechanical/biological (composting/aerobic decamposition) Design life 30 years Initial design capacity 550 tons per day Maximum capacity Modular Feedstock solid waste Area 6,2 acres Asir None Products OF (refuse derived fuel), metals, glass, plastics Packet Pg. 341 10.A.1.c Q to m to N N LO �LO � inm Co u s 0� L C9 � v (Y) kv00 ) u 1tj CO M C�'7 O O M Ln p Cif C N O LO O EC a w N (LOD NN ` X E Q Q. U7 O a E:5 d) d »a C 0 m o is o .° c �" �R+ to o F°- 6 ® C? ui m (7 O o m Cu 0 U) a .2 r_ Ch m O IL` O Cu w c O N a� c O U d N ti LO O O Z CY LL N d O a r Q Packet Pg. 342 10.A.1.d Gn 0 onow"Illm, *4 i�.. m momall al w sU�UIIGId� � Ca NE litp9odeo Buisssawd � � � aC z V c� a L' �6 W ui Packet Pg. 343 10.A.1.d P E � V W IV.10J. a Cl- 0 NS a a W suogea0plent7 pue eouapedxa aaqjp o l Bu{oueul� f}josdieo Buissaaoij ti m aouepedxaEeuogwedq o ° a C. S Q O d60aougaa., pesodad 044 do SIROW G !n M 4i t^ tx N h1 1� �t I H T +s c , �, a 0 4 O � a� 0 Q) 0 °1 w v a [� u 6Cm t4 W .� d c O O and O00 (D 0 to Q N m a D CO ul O Z a U- N r O L a un oo N x w a a) z a -4 Packet Pg. 344 0 f % (D 0 0 3- (L 0 Rf LL r. 0 U, 0 to 0 A-j U) a 0 *a TZ 40- O rr E z U- LL w w W101 C C) Ln LO a Ul) C� LO Ln 0) 0) a) 0) SuvjjLl%ljj!juniD Ptle Gauaijodx31Gqlo C7 0 0 Ir- V- oujouQuil (D C C� Cm C) C) T- -C-1 T" A)Iouduo BUISSOOO-ld CD V- onuousdra leuoijejedo C) 0 CIA a Q 0 0 m m m m m A15olouq:)e.L posodOJd OW IQ SWOW U) m LO Cn 0 m Lo N. M 0 (D ZZ 4) r- 0 E U M E '1, z E CL c r (> 1:, u 0 12 6 ul CL 0 Em 0 0 (D m 0 (D 0 a Q v a -0 &- r Em 4) CL Q in I L 0 LU 0 , a (I B 0 0 6 z a LL 0 L- CL LO T- oo "a x 0 Rs LU I Packet Pg. 345 10.A.1.d O O cU m U O L. CL 0 c 0 } c 0 m f1? N y O 0 U 4� ca C� Cr h sR7 w a _ i E � ! i i (n LU OG -1viol W sucpeoµjjenb pue eouepedx3 Jet♦;o o BUIOUEU14 CD a ""r v 14loadeo OulssGOOJd m eaueuedx3leuogaJedo n ce 0 ►S6alou400.L pesodoJd ay;0 `PO }W 4 I x 0 t7 A c�a ~ tq m A @ G a� p U �aDCvj G oiSu aEo6 c U m c5 � CS of �' V � i c.i m I` E � z C .R m •C :{•tea' AF d a 2/� ECL /A.� C�i C �•' „�� N C (L 0 Z a U- CL� N d 0 L LO w al N .� w I r d 7 w a Packet Pg. 346 0 Z a U- CL� N d 0 L LO w al N .� w I r d 7 w a Packet Pg. 346 al N .� w I r d 7 w a Packet Pg. 346 d 7 w a Packet Pg. 346 10.A.1.d n J i i I E I i i W E suopeo[yijenb pug eaueuedx-a jetnd w 00 <0 ' 7 IS}iat'dl'o 71lISSeaQIEj 00 m eoueuedx3 puoi;ejedo M 00 Q a E CD /[6olouyoel pesodwd ay} Jo stuaW c G 4 x I z E E U) = a ea S a o r °c z cA_ t = a� m a� : cs U U U ee c Clo c a m i0 a. L G1 i., LIiM w G. w z y a�. �, E M a o a �iA�GCGgV C-°Qc a mC L Co C as L L U W {9 O t0 O y w 6 z a u_ N r O L a un oo N s x W C d E a Packet Pg. 347 O y w 6 z a u_ N r O L a un oo N s x W C d E a Packet Pg. 347 10.A.1.e BOARD OF COUNTY March 24, 201E EXHIBIT "E" PURCHASING DEPARTMENT Re: Into nt to Award RFQ # 14-067 — Utilization of a Conversion Facilfty to Plocel Municipal 3cflId Waste for St Lucie County To all Interested bidders: At the Board Meeting of March 31, 2 I 6 based on Staff recommendation, Purchasing Division will request the following action by the Oo rd of County Commissioners regarding RFQ 14-057: Action: Approval of short IlaW firms and permission to negotiate with the highest ranked firm: 1. Green3 Power Options, Inc. 2. Carbon Cycle Power The Board of County Commissioners meetings are hold on Tuesday. Please refer to the County website at mmn&stgcieco.org for meeting Information. PaMure to file a w ditn protest of this action, in accordance with Section 11.1 of the St. Lucie County Purchasing Manuel, shall constitute a waiver of the right to protest the award. Please refer to the County wrebalte at _www.stlyclecoam. Sincerely, Purchasing Department 6 z cY U- 0 a Ln T- oo N W r� t K W r C d E z t� t0 r� a Packet Pg. 348 EXHIBIT "P 10.A.1.f Desiree Cimino From: Desiree Cimino Sent: Wednesday, March 25, 2015 8.05 AM To: 'Gary Morris' Subject: RE; RFQ#14-157 Attachments- intent to award rfq 14-057.pdf Good morning Gary, Attached Is the letter of intent for RFQ 14-057. Desiree Purchasing Manager St. Lucie County Board of County Commissioners Phone: 772-462-3581 Fax: 772-462-1704 From: Gary Morris imailto:garysicmar@gmail.coml Sent, Wednesday, March 25, 2015 8:00 AM To: Desiree Cimino Subject: RFQ#14-157 Good morning Qnvio demandstar sent me an email saying that a Notice of Intent had been given for the subject IFQ. However, it does not show it as being available, Could you send me the link if the information is correct. Thank Gary Morris VASST Energy Concepts ti LO 0 r O z a U- r a� r 0 L Q_ LO r 00 N u- r t X W C E t c.� R r Q Packet Pg. 349 10.A.1.g i EXHIBIT "G" VASST ENERGY CONCEPTS INC. Alternative Energy March 30, 2015 Written Protest Omitting irAS5"i'/Barker Consulting from the Award Attention; Mrs. Rrannfe Hutchinson Ms. Paula A Lewis Mr. Todd Mowery Mr. Kfin Johnson Mr. ChAN Dzedovsky County. Attorney; Mr. Daniel McIntyre CEO Stephen J. Landa('VASST ENERGY CONCFPTS, INC) CEO WHIlam Barker(BARKER CONSULTING) We value the Boards Decision. We at VASSTIBARIM are disappointed in not being included as one of the companies selected to move forward in this exeifing project. We would like to clarify some points that we have interpreted fivro the selection panels scoresheets and questions that were asked by the panel at the meeting an February Sth, 2015. Ron Roberts, Director for County of St Ucie SWA and the most Informed elient we have met where this technology Is concerned, placed VASSTMarker, second in his scoring of the three companies asked � to attend. Another panel member scored our proposal e p p pnesal sera out of forty in two criteria, yet gave 14 everyone che forty points. We either did not demonstrate our effectiveness in these two areas or r something was not explained properly. In comparing all three RFQ subndttals we can see no reason z why we did not fare the some as the other groin. We would like to clarify and correct easy a misconceptions. W N A) -2az ity and addressing concerns at the meeting Feb 5 2015; o L a 1) Durk the meeting we used the terminology "demon system". We believe the use of the word "demo" was misunderstood. VASSTBAREER has a physical "demonstration" unit already o working and ready for delivery to 6t Lucie County. It is currently in Japan an loan and can be delivered here within a mouth. This unit is weed to showcase our system and to allow the end � user to gain knowledge of the systeeni, teat its limits and prove that assertions of "zero cost or pollution" is to fact true. z 2) Upon completion of permitting, we would deliver the first of four, fifty ton per day vessels to w start the buiidout of the project. Our tedimology utilizes smaller vessels for project efficiency. When using larger vessels, should one large vessel fall, the whole operadon grinds to it )Wt. � Our plant system would continue producing while the problem is rectitled. z c� a 1717 N. Bayshore Dr., Suite #2953. Miami, FL 33132 Telephone: 321-6104676 - Melbounte 786-327.2502 - Miami Packet Pg. 350 10.A.1.g 3) As part of our team,, two former members of Startech provide valuable eWrience and insight to this teehmology. Fred Chesly was the lead engineer responsible for design and implementation of plate gasification technology, We also have Steve Lands who was responsible for worldwide sales and was instrumental in the purchase of one of our systems by the U.S Department of Defense . Started, was the Industry leader in this field for many years and won many awards for innovation and new technology. Sadly, Startech closed their doors after the company founder passed away. 4) Our teaser consists of proven leaders in their respective Melds and bring a wealth of experience and knowledge to this project. Gun is not another top heavy organisation but rather a well-rounded group shade up of engineers, tecWtfans and business professionals from various backgrounds. 5) The financial team has raised hundreds of millions of dollars for a wide range of projects both here in the United States,and in Europe. Bill Barker, one of team leaders oversaw the inception and implementation of cable TY. throughout Spain for G.L. and is well versed in large scale project planning and development. With a growing population and the need to ethnirmte the landffil, it will take a collaborative effort by the County and several vendors to achieve the desired outcome. No one company can achieve all that the County has been prondsed without working together. Both comspswies that have been selected to go through to the next phase, crake no mention in any document about the reduction of the County landfill. They each require all of the daffy expected ruse generated by the County to make them viable. VASST r will utilize "fresh" daily waste transported to the landfill as well as current feedstock from the landfill which will work to reduce the site, hazardous material would also be accepted by our facility which is the only system that elm dispose of this waste completes and without negative impacts to the environment. As stated at the start of this document, we respect the Board's decision and recognize all of the hard work that goes into these types of decisions. We would however ask for Board to consider the expansion of the notice to include VASST/Barker. There is zero downside for the County in including `'ASST/Barker. We do not seed my fi wmcfal incentive or monetary support in bringing this project to f vition. Instead, we require a very small area at the landfill site when the project is ready to begin. 1717 N, Bayshore Dr., Suite #i2953. Miami, FL 33132 Telephone: 321-610-4676 . Melbourne 756-327-2502 - Miami a Packet Pg. 351 EXHIBIT " H" 10.A.1.h 130ARD OF COUNTY April 2, 2016 Mr. Steve Lande Barker Consulting PartnerslVASST 1717 N. Sayshore Drive Suite 2963 Miami, FL 33132 Via e-m ill and Federal Express Subject, Request for qualifications No. 14-057; Utilize a Conversion Facility to Process Municipal Solid waste for St. Lucie County Dear Mr. Landa: The County Administrator has requested that I respond to your written protest on his behalf. On Tuesday, March 31, 2015, St. Lucie County received your written protest dated March 30, 2016, which was submitted on behalf of Barker Consulting(VASST Energy Concepts, concerning the Counly's Request for Qualifications (RFQ No. 14-067), After reviewing your protest County staff has determined that the protest was not submitted In a timely manner as required by Section 11.1 of the St. Lucia County Purchasing Manual. County staff e-mailed the Letter of Intent outlining the County's Intended actions as to RFQ No. 14-057 at the request of Gary Morris of VASST Energy Concepts (Barker's representative), on March 26, 2015 at 8:06 AM. Included in the Lotter of Intent were Instructions regarding protest procedures. The protest letter from Barker was hand delivered to the County Administration's 3rd Floor reception desk on the morning of March 31, P-016 -6 days after the County's Notice of Intent was delivered and received by Gary Morris. Barker failed to comply with the requirements in the County's Purchasing Manual, which contains a twenty-four (24) hour time limit for submitting a protest. Section 11.1 of the St. Lucie County Purchasing Manual states as follows: 11.1. RIGHT TO PROTEST. Any actual or prospective bidder or offeror who believes he Is aggrieved In connection with the solicitation or proposed award of a contract may file a written protest wilh the County Administrator or designee. The protest shall be submitted In writing within twenty-four (24) hours, not including Saturdays, Sundays or County closings, after such aggrieved person knows or should have known the facts giving rise to the alleged grievance, since Barker's letter of protest did not comply with the County's requirements, the County Administrator hereby denles Barker's protest. Pursuant to Section 11,2 c of the Purchasing Manual you may appeal the decision to the Board of County GoTnmissioners by filing a written appeat to the County Administrator within 24 hours of the date of this letter. CHA$ DXADOVSKY. Dtsitict No. t - TOD MOWERY, Dlstrkr No. 2 ► PAULA A. LEWIS, Dismicr No. 3 - FAANNIE WCHINSON, Distrtcs No. 4 - KIM JOWOON. Disirkr No. S Counry Adminisrrnior - Howord N. Tipton 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 s Phone (772) 462-1700 FAX (772) 462-1704 • TDD (772) 462-1426 web sire; www,stiucleco.org 6 z CY w a� 0 L a LO w N x w r c m U 0 r r Q Packet Pg. 352 10.A.1.h We are sorry that you are dissatisfied with the County's deolsion concerning the County's RFQ, but we nonetheless thank you For your Interest In working with St. Lucia County. Sincerely, r ,QLI� Deslree J. Cimino Purchasing Manager tom; County Adminlstrator County Attorney Sofld Waste Director Q Packet Pg. 353 April 3, 2015 Attention: Ms Desiree Cimino — Purchasing Manager Copy to: Miss. Paola A Lewis Mrs Frannie Hutchinson Mr Tod Mowery Mr Kim Johnson Mr Chris Dzadovsky County Attorney: Mr Daniel McIntyre County Administrator: Mr Howard Tipton Re: ][tight to Appeal We respectfully request as stated in Section 11.2c of the County Purchasing Manuel, a Right to Appeal the decisions handed down on 3/24/2015 and 4/2/2015 concerning RFQ#14-057. VASST/Barker acknowledge the hard work and dedication of the selection committee, but we have questions concerning the process, scoring and goats of the RFQ. It is our belief that the County has alternative actions concerning this matter and we welcome the opportunity in sharing them.. We would be most grateful if you could forward to the c.c. recipients. [I Please advise the next steps in this procedure or if we have missed a procedural issue, please inform us. CY LL Warmest Regards O .r O L Victor aSziky Coo 00 VASST Energy Concepts u u . 1717 N. Rayshore Dr., Suite 42953, Miami, FL 33132 Telephone: 321-610-4676 - Melbourne 756-327-2502 - Miami w x w Packet Pg. 354 10.A.1.j EXHIBIT °J" Desiree Cimino From: William Barker twbarker@barkerconsultingpartners.com> sent* Friday, April 10, 2015 7:26 AM To: Desiree Cimino Cc: Gary Morris; Steve Landa; Victor Sziky Subject: Re: Response to written protest for RFQ 14-057 Utilize a Conversion Facility to Process Municipal Solid waste for 5t. Lucie County Ms. Cimino, I am in receipt of a recent email from Victor Sziky (copied) on which he also copied you, wherein he made what seemed to be a claim that the decision makers at Port St Lucie regarding the subject RFQ had been "paid off to sandbag VASST". I would like to disassociate myself and my firm from this remark. And, although I recognize you have rejected the related protest letter, I would nevertheless like to also disassociate myself with that correspondence as well to be safe, since I have no idea of the contents, having never seen it even to this day. Finally, I want to inform you that my agreement with VASST expired on 31 March 2015 and will not be extended. I wish you well with whomever you select for a vendor. William E Harker William E Barker Founder and Managing Partner mobile: 917 2874Mag ,l3a:r er Times Square 1"D Broadway, Yard Fir New York, NY 10028 omits: 88"62-6769 Fax, U8.682-6762 wwror.Baarr cerCorosuffingPF}r niom.eoml bariierrensultinnoarinemblonsomaonV Linkedin: httP:tMnkedin.tomrort/williamebarker On Apr 2, 2015, at 11:26 PM, Victor Sziky <victorsicrnar.rnr,amail.com - wrote: Gary, O Z ar LL r N O O tl T- oo t X Lu r C O E t a Packet Pg. 355 10.A.1.j There is no letter attached.Can I please have it? Lets let them know in St Lucie we go public! E There is no doubt one at least has been brown bagged..Meaning paid off to sandbag VASST.. Please provide the letter.. Talk in the morning.. Thanks,Vic On Apr 2, 2015 11:05 PM, "Gary Moms" <garysicrnar(a?gmail.com> wrote: Good morning I will consult the rest of our team and present the appeal within the time period stated in the County purchasing manuel. To clarify a point in your letter, we are not dissatisfied with the decision. A point that we will ellaborate on at the appeal and we certainly look forward to working with the County in the future. Respectfully Gary Morris On Thursday, April 2, 2015, Desiree Cimino <eiminodC,stluciggg grg> wrote: > Good Afternoon, > Please see attached letter in response to your companies written protest. Thank you, Desiree > > Desiree Cimino > Purchasing Manager > St. Lucie County Board of 7 > County Con117f1issloners > Phone: 772-462-3551 > > Fax: 772-462-1704 > Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject O z a a_ N O r O a LO 00 N r x w r c a� E R a Packet Pg. 356 10.A.1.j to public disclosure unless an exemption applies to the communication. if you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. a Packet Pg. 357 10.A.2 ITEM NO. (ID # 2823) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Daniel S. McIntyre, County Attorney County Attorney DATE: 04/21/2015 *REGULAR AGENDA\COUNTY ATTORNEY Award - RFQ No. 14-057 - Utilization of a Conversion Facility to Process Municipal Solid Waste for St. Lucie County St. Lucie County already has developed and is operating a baling facility for "Class I" waste (e.g., garbage) and a processing facility for construction and demolition debris. The County also is operating a recycling facility, which helps reduce the amount of waste that is taken to the County's landfill for disposal. The successful implementation of these facilities has significantly extended the useful life of the County's landfill. The goal of the Solid Waste Department is to find a new technology that can be used to supplement and enhance the County's existing solid waste management operations. To be considered a viable option, the technology has to be proven, cost-effective, and more environmentally friendly than traditional methods of solid waste disposal. A proven technology is one that can be observed in a commercial scale operation. A cost effective technology is one that can be implemented without increasing the rates (a/k/a "tipping fees") that the County charges its residents for the disposal of solid waste. The County Staff believes that certain modern "Conversion Technologies" might meet these criteria. Conversion Technologies means "an innovative technology that uses energy to convert Municipal Solid Waste into gases or elements (e.g., carbon, hydrogen, gaseous or liquid fuels) that, in turn, are used for the production of useful products (e.g., electricity, steam, fuel)." In 2006 and again in 2012, the County issued a Request for Qualifications ("RFQ") because the County wanted to solicit information from companies that are capable of successfully providing a viable Conversion Technology to the County. Both times, the County entered into negotiations with vendors that offered to provide a technology that would meet the County's needs. Both times, the negotiations were unsuccessful. Among other things, the vendors discovered it was extremely difficult or impossible for them to provide their services and technologies for a price that was acceptable to the County. More specifically, the vendors could not obtain financing to construct their proposed facilities unless the County agreed to raise the waste disposal rates (tipping fees) paid by the County's residents. Packet Pg. 358 10.A.2 On September 7, 2014 the County issued a new RFQ (RFQ No. 14-057) for companies that are interested in using a Conversion Technology to process municipal solid waste for St. Lucie County. A copy of the County's RFQ (and Addendum #1) is attached hereto as Exhibit "A". The due date for submittals was October 22, 2014. Three hundred thirty-one (331) companies were notified about the RFQ and twenty- seven (27) copies of the RFQ documents were distributed. Proposals were submitted to the County by six (6) companies: Barker Consulting & Partners ("Barker") and a team that includes VASST Energy Concepts, Inc. ("VASST") Carbon Cycle Power Enstorga USA, Inc. and Chemtex International Green Energy & Development Inc. and Advanced Conversion Technologies, LLC Green Photon Power Green Power Operations, Inc. A summary of each proposal was prepared by the County's Solid Waste Director. The summary is attached as Exhibit "B". In the proposal submitted by Barker/VASST, Mr. Morris was identified as the contact person for Barker/VASST. A Selection Committee was appointed to review the proposals. The Selection Committee was comprised of five (5) members of the County Staff: Robert Bentkofsky, Deputy County Administrator Craig Hauschild, Assistant County Engineer Ed Matthews, Parks, Recreation & Facilities Director Mike Powley, County Engineer Ron Roberts, Solid Waste Director On December 23, 2014, the Selection Committee met to evaluate the proposals, but the Committee ultimately concluded it needed more information from three (3) of the vendors (i.e., Barker/VASST; Carbon Cycle; Green Power) before the Selection Committee could rank the proposals. The Selection Committee decided that these three (3) vendors should be invited to meet with the Selection Committee so that the Committee could obtain more information about each of these vendors and the technologies they were offering. Accordingly, on February 5, 2015, the Selection Committee met with Barker/VASST, Carbon Cycle, and Green Power for question and answer sessions. Under the RFQ, a vendor could receive a maximum of thirty (30) points for "Operational Experience" and a maximum of ten (10) points for "Processing Capacity." In these two categories, the Barker/VASST proposal received zero (0) points from one of the members of the Selection Committee. On February 18, 2015, the Selection Committee evaluated, scored, and ranked all of the proposals that were received in response to the County's RFQ. In accordance with the requirements in the RFQ, points were awarded in five (5) categories: merits of the proposed technology; operational experience; processing capacity; financing; and other experience and qualifications. The scores for each vendor are shown in Exhibit "C". The individual scoring sheets used by the members of the Selection Committee are Updated: 4/15/2015 3:34 PM by Kelly Phelan Page 2 Packet Pg. 359 10.A.2 attached in Exhibit "D." Based on the scores established by the Selection Committee, the vendors were ranked as follows: 1. Green Power Operations, Inc. (440 points) 2. Carbon Cycle Power (420 points) 3. Enstorga USA/Chemtex (345 points) 4. Barker/VASST (338 points) 5. Green Energy/Advanced Conversion Technologies (326 points) 6. Green Photon Power (326 points) The Selection Committee concluded that Green Power should receive 440 points, Carbon Cycle Power should receive 420 points, and Barker/VASST should receive 338 points. Adding forty (40) points to Barker/VASST's score would result in a new total of 378 points, which is still significantly less than the total received by Green Power and Carbon Cycle Power. The Selection Committee recommended that the two highest ranked firms (Green Power Operations, Inc., and Carbon Cycle Power) should be shortlisted. Given the Selection Committee's determinations, an agenda item was prepared for the Board's consideration during the Board's regular meeting on March 31, 2015. The agenda item contained Staff's recommendation that the Board approve the recommendation from the Selection Committee. On the morning of March 31, 2015, before the start of the Board meeting at 9:00 a.m., a letter of protest was delivered to the County Administration's reception area on the third floor of the County Administration Building. The letter of protest was printed on VAAST's stationery and it purported to be from Barker/VAAST. The letter was addressed to the County Attorney and each of the County Commissioners. A copy of the protest letter is attached as Exhibit "E". In light of the protest, Staff pulled the agenda item concerning RFQ No. 14-057 from the Board's agenda for the meeting on March 31, 2015. COUNTY ADMINISTRATOR'S DETERMINATION: As indicated in the letter dated April 2, 2015 from the Purchasing Manager to Barker/VASST (Exhibit "F"), the County Administrator denied the letter of protest from VASST because VASST failed to comply with the requirements in Section 11.1 of the County's Purchasing Manual, which contains a twenty-four (24) hour deadline for submitting a protest. PREVIOUS ACTION: On March 31, 2015, an agenda item concerning RFQ No. 14-057 was submitted to the Board from the County Attorney's office. This agenda item requested the Board's approval of the short list for RFQ No. 14-057 and it requested permission for Staff to negotiate with the highest ranked firm. This item was pulled from the Board's agenda after VASST filed a written protest. FINANCIAL IMPACT: N/A Updated: 4/15/2015 3:34 PM by Kelly Phelan Page 3 Packet Pg. 360 10.A.2 RECOMMENDATION: Staff recommends Board approval of the short-listed firms for RFQ No. 14-057 and permission to: Negotiate with highest ranked firm; If negotiations are successful, staff shall present a draft contract to the Board for review and approval If negotiations are unsuccessful, terminate negotiations with the first ranked firm and begin negotiations with the second ranked firm. COMMISSION ACTION: Coordination/Signatures Danie 5. McIntyre, C my ttorney 4/15/2015 Ho and Tipton, Count Administrate 4/15/2015 Updated: 4/15/2015 3:34 PM by Kelly Phelan Page 4 Packet Pg. 361 10.A.2.a RFQ No. 14-057 REQUEST FOR QUALIFICATIONS TO UTILIZE A CONVERSION FACILITY TO PROCESS MUNICIPAL SOLID WASTE FOR ST. LUCK COUNTY DUE'DA'T'E. Wednesday, October 22, 2024 DUE TIME: 3:00 P.M. St. Lucie County Purchasing Department 2300 Virgin [a Avenue, Room 228 Ft. Pie&e, Florida 34982-SSS2 (772) 462-1700 EMIDIT "A" a Packet Pg. 362 10.A.2.a BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REQUEST FOR QUALIFICA71ONS Sealed Qualifications will be received at the Purchasing Department, 2300 Virginia Avenue, Room 228, Fort Pierce, FL 34982, until 3:00 PM local time on Wednesday, October 22, 2014, for the following: RFP No. 14-OS7 REQUEST FOR PROPOSALS TO UTILIZE A CONVERSION FACILITY TO PROCESS MUNICIPAL SOLID WASTE FOR ST. LUCIE COUNTY RFQ documents may be obtained via the Internet using the County's website at http://www.co.st4utie.fl.us. If you do not have Internet access, you may obtain the documents by calling DemandStar by Onvia 800-711-1712 and requesting Document Number 14-057, or by contacting the Office of the Purchasing Director at (772) 462-1700, or by visiting the Purchasing Department at 2300 Virginia Avenue, Fort Pierce, Florida, 34982. Responses to this RFQ may be either mailed or hand delivered to the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, FL 34982, Any responses to this RFQ received after the above stated time will be returned to the proposer unopened. - The Board of County Commissioners reserves the right to: waive any informalities or minor irregularities; reject any and all Qualifications which are incomplete, conditional, obscure, or which contain additions not allowed for; accept or reject any Qualifications or proposal, In whale or in part, with or without cause; and accept the Qualifications or proposal which best serves the County. For information concerning this RFQ and other procurement matters, visit the St. Lucie county Purchasing Web Site at http://www.co.st-lucle.fl.us. St. Lucie County is an Equal Opportunity/Affirmative Action Employer. Board of County Commissioners St. Lucie County, Florida By: Desiree Camino, Purchasing Manager Publish: Sunday, September 7, 2014 ti Ln 0 r O z a U- -a CU 3 Q M N co N Q t x w r c m E r r Q Packet Pg. 363 10.A.2.a TABLE OF CONTENTS Part I General information 1-1 Definitions 1-2 Invitation to Submit Qualifications; Purpose 1-3 Issuing Office and Location of Proposal Opening 1-4 Contract Awards 1-5 Development Costs 1-6 Inquiries 1-7 Timetables 1-8 Delays 1-9 Proposal Submission and Withdrawal 1-10 Irregularities; Rejection of Qualifications 1-11 Addenda 1-12 Equal Opportunity 1-13 Oral Presentation 1-14 Insurance 1-15 Lobbyist Disclosure Requirement 1-16 Public Entity Crime Statement 1-27 Unauthorized Allen Workers Part II Statement of Work 2-1 Background 2-2 Scope of Work 2-3 Proposers Information and Qualifications Part Ili Evaluation of qualifications Part IV The CaunWs Review Process and Subsequent Actions ti LO 0 r Packet Pg. 364 10.A.2.a PART GENERAL INFORMATION 1-1 DEFINITIONS The following definitions shall be used in this Request for Qualifications ("RFQ"): (a) "County" shall mean St. Lucie County. (b) "Municipal Solid Waste" or "MSW" means garbage, rubbish, and trash from typical housekeeping activities in homes and businesses. For the purposes of this RFQ, MSW does not include construction and demolition debris, yard trash, or hazardous waste. (c) "Proposer" shall mean each contractor, consultant, organization, firm, or other person that submits a response to this RFQ. (d) "Qualifications" shall mean a Proposer's response to this RFP. (e) "Conversion Facility" shall mean a facility that uses a conversion technology to process MSW for the County. (f) "Conversion Technology" shall mean an Innovative technology that uses energy to convert Municipal Solid Waste Into gases or elements (e.g. carbon, hydrogen, gaseous or liquid fuels) that, in turn, are used for the production of useful products (e.g., electricity, steam, fuel). Proposals may include demonstration facilities, on or off -site conversion facilities. For the purposes of this RFP, Conversion Technology does not include Incinerators, which burn Municipal Solid Waste but do not Include energy (heat) recovery systems. 1-2 INVITATION TO SUBMIT MMUE10110so PURPOSE The Board of County Commissioners of St. Lucie County, Florida (the "Board") hereby solicits Qualifications from any Proposer that is willing and qualified to utilize a Conversion Facility to process Municipal Solid Waste for 5t. Lucie County. The purpose of this solicitation is to obtain information about the Proposers. The County wants to determine whether the County should enter into a contract or contracts with Proposers for the utilization of a Conversion Facility. 1-3 ISSUING OFFICE AND LOCATION OF PROPOSAL OPENING 1of15 ti LO 0 r O z a a_ -a R 3 Q M N 00 N Q Z x w E r r a Packet Pg. 365 10.A.2.a 1-4 1-5 1-6 St. Lucie County Purchasing Department Administration Annex 2300 Virginia Avenue, Room 228 Fort Pierce, Florida 34982 CONTRACT AWARD The issuance of this RFQ does not constitute and shall not be construed to create an agreement or a contract between the County and the Proposer. The Qualifications of each Proposerwill be reviewed by the County and then the Board will determine whether it wishes to enter into a written agreement with any Proposer. There will not be a contract until there is a written agreement that is approved and executed by both the Board and the successful Proposers. The County reserves the right to enter into multiple contracts. A time limit for'the execution of a contract will be six months. if a contract cannot be negotiated within six months the County reserves the right to terminate negotiations. DEVELOPMENT COSTS Neither the County nor its representatives shall be liable for any expenses Incurred by any Proposer In connection with the preparation of a response to this RFQ Each Proposer knowingly and voluntarily accepts the risk that they may not be awarded a contract as a result of submitting a response to this RFQ. Each Proposer should prepare their Qualifications simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFQ, INQUIRIES The County will not respond to oral Inquiries. Proposers may mail or fax written inquiries for Interpretation of this RFQ to: Desiree Cimino, Purchasing Manager St. Lucie County Purchasing Department Administration Annex 2300 Virginia Avenue, Room 228 Fort Pierce, Florida 34982 (772) 462-1704 (fax) ciminod@stiucieco.ore (e-mail) The County will respond to written inquiries If received at least 15 days prior to the Proposers' deadline for delivering their Qualifications to the County. 2 bf 35 ti LO 0 r 6 Z a U- R 3 Q M N 00 N Q t x w c m E c� r r Q Packet Pg. 366 10.A.2.a 1-7 1-8 1-9 The County will issue its response to Inquiries and any supplemental instructions in the form of a written addendum. If addenda are Issued, the County will issue the written addenda at least 5 days before the deadline for the Proposers to deliver their Qualifications to the County. TIMETABLES The Board and the Proposers shall adhere to the following schedule in all actions conceming this RFQ. A. On September 7, 2014, the Board issues the RFQ. The County must receive the Qualtfications by 3:00 PM on Wednesday, ®ctober 2-2, Z014. C. After the Qualifications are received from the Proposers, the County's selection Committee will review and evaluate the Qualifications on a timely basis. Thereafter, the recommendation(s) of the Selection Committee will be presented to the Board. The County may delay scheduled due dates if it is to the advantage of the County. The County will notify Proposers of all changes In scheduled due dates by issuing written addenda. PROPOSAL SUBMISSION AND WITHDRAWAL The County will accept Qualifications only at the following address: St. Lucie County Purchasing Department Administration Annex 2300 Virginia Avenue, Room 228 Fort Pierce, Florida 34982 Each Proposer shall submit their qualifications to the County in an opaque package that Is marked as follows: "RFQ 14-057 REQUEST FOR QUALIFICATIONS TO UTILIZE A CONVERSION FACILITY TO PROCESS MUNICIPAL SOLID WASTE FOR ST. LUCIE COUNTY". The package shall also Identify the Proposer's name and the Proposers return address. 3of1S ti uO 0 r 6 Z a e_ -a R Q M N co N Q t x w r c m E r r Q Packet Pg. 367 10.A.2.a Proposers shall submit ten copies (10), Including one marked "original" on the outside (with an original signature inside), of their Qualifications In a sealed, opaque package marked as noted above. The Proposer may submit their Qualifications in person nor by mail. THE GOUNTY (MUST RECEIVE ALL QUALIFICAT'lONS BY 3:00 PM ON WEDNESDAY, OCTOBE R 22, 2014 Due to the irregularity of mail service, the County cautions Proposers to assure actual delivery of Qualifications to the County prior to the deadline set for receiving Qualifications. Telephone confirmation of timely receipt of the Qualifications may be made by calling (772) 462-1700 before the deadline for delivering Qualifications to the County. Qualifications received after the deadline will be returned unopened to the Proposer. Proposers may withdraw their Qualifications by notifying the County in writing at any time prior to the opening. Proposers may withdraw their Qualifications in person or through an authorized representative. Proposers and authorized representatives must disclose their Identity and provide a signed receipt before withdrawing their Qualifications. Qualifications, once opened, become the property of the County and will not be returned to the Proposers. Upon opening, 'Qualifications become "public records" and shall be subject to public disclosure in accordance with Chapter 119, Florida Statutes. 1-10 IRREGULARITIM REJEMON OF UALIFICATIONS Qualifications not meeting the minimum terms stated herein may be rejected by the County as non -responsive or irregular, However, the County reserves the right to waive any Irregularities, technicalities, or deficiencies in the Information In any proposal. The County reserves the right to reject the Qualifications of any Proposer that Is in arrears or In default upon any debt or contract to the Board of County Commissioners of St. Lucie County or with other governmental jurisdictions. The County reserves the right to reject any or all Qualifications, without cause. 1-11 ADDENDA If revisions to the RFQ become necessary, the County will issue written addenda at least five days prior to the deadline for the delivery of the Qualifications to the County. This schedule will be adhered to even if the deadline roust be postponed in order to comply with the time requirements. Any changes to the RFQ will be made available for all prospective Proposers to receive, The County also will send a copy of the addenda by fax to each person that requested a copy of the -RFP and provided a fax number to the St. Lucie County Purchasing Department. Although the County will issue the addenda, and 4 of 15 ti ul 0 r O z Ct a_ R 3 Q M N 00 N Q x w c m E t r r Q Packet Pg. 368 10.A.2.a 1-12 1-13 1-14 1-15 the County will attempt to provide a copy of the addenda by fax, it Is the sole responsibility of each Proposer to ensure that It receives the addenda. EQUAL OPPORTUNITY The.County recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority and women business enterprises. The County requests minority and women business enterprises to submit evidence of such classification with their qualifications. ORAL PRESENTAMN If any Proposers are selected for a final short list, such Proposers may be required to render an oral presentation to the Selection Committee and the Board of County Commissioners. Among other things, the Proposers may be required to address their past achievements using conversion facilities, the adequacy of their personnel, their past record of performance, their other experience, and such other factors as may be determined by the Selection Committee or Board. The $election Committee, Board, or staff will schedule the presentations, if any. INSURANCE The Proposer, if awarded a contract, shall maintain Insurance coverage reflecting the minimum amounts and conditions required by the County. In addition, the successful Proposer must provide the County with a bond, in a form and amount acceptable to the County, to ensure the long term performance of the Proposers proposed technology. LOBBYIST DISCLOSURE REQUIREMENT Pursuant to Article IV of Chapter 1-2 of the code of Ordinances of St. Lucie County, Florida, any professional consultant who utilizes the services of a lobbyist as defined in Section I- 2-62 is required to make full disclosure with the Clerk of the Board prior or concurrently with the submission of a proposal to the Board for the performance of any services for the Board. Such disclosure shall include the following; A. The name of any lobbyist employed directly or indirectly by the consultant for the purpose of influencing or attempting to influence the selection of the professional consultant by the Board. B. The name and address of the lobbyist. 5of15 ti LO 0 6 z CY e_ -a CU 3 Q M N 00 N Q x w r c m E r r Q Packet Pg. 369 10.A.2.a C. The length of such agreement, contract or understanding and the amount of any fee, gratuity, compensation or consideration paid or promised to be paid to the lobbyist either before or after hiring whether or not same is set out as compensation for the lobbying or is for other services. The disclosure shall be filed with the Clerk on forms provided by the Board and such records shall be open to the public. 1-16 PUBLIC ENTITY CRIME STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the County, may not submit a bid on a contract to the County for the construction or repair of a public building or public work, may not submit bids on leases of real property to the County, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the County, and may not transact business with the County in excess of $10,000.00 for a period of 36 months from the date of being placed on the convicted vendor list. 1-17 UNAUTHORIZED ALIEN WORKERS The County will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the N employment provisions contained in 8 U.S.C. Section 1324a(e) [ Section 274A(e) of the r Immigration and Nationality Act ("INA")). The County shall consider the employment by any contractor of unauthorized aliens a violation of section 274A(e) of the INA. Such LO violation by the Recipient of the employment provisions contained in Section 274A(e) of C the INA shall be grounds for unilateral cancellation of this agreement by the County. r 6 z a a_ L R 3 Q M N CO 54 Gl t X W .r C d E 6 of 15 r r Q Packet Pg. 370 10.A.2.a DART iI STAT1EMFNT QF WORK MUNICIPAL SOLID WASTE PROCESSING USING THERMAL CONVERSION: REQUEST FOR QUALIFICATIONS (RFP) Subject to the requirements In this RFD., qualified Proposers are hereby invited to submit a statement describing their experience, qualifications, and ability to utilize a Conversion Facility to process Municipal Solid Waste (MSW) for the County. 2-1 BACKGROUND over the past decade, St. Lucie County's Solid Waste Department has reviewed developing solid waste technologies and alternatives that would significantly extend the useful life of the county's existing landfill site. St. Lucie County already has developed and operates a baling facility for Class I waste and a processing facility for construction and demolition debris, The successful Implementation of these facilities has significantly extended the useful life of the County's landfill, which receive approximately 800 tons of solid waste per day. Approximately seven years ago, the Solid Waste Department began researching emerging and promising waste management technologies, The goal was to find a technology that was proven and could be observed in commercial scale operations. To be considered a viable option, the technology had to be cost-effective and more environmentally friendly than traditional methods of solid waste disposal. The County has concluded that certain Conversion Technologies meet these criteria. For the purposes of this RFD., Conversion Technology shall mean an innovative technology that uses energy to convert Municipal Solid Waste into gases or elements that, in.turn, are used for the production of useful products, such as steam, electricity, or fuel. As defined herein, Conversion Technology does not Include traditional incinerators that do not recover energy. For the purposes of this RFQ, the County is only interested In those Conversion Technologies that already have been demonstrated to operate successfully on demonstration or commercial scale. To be considered a viable candidate for the County's needs, a Conversion Technology must have a track record of successful performance at a facility that processes at least 100 tons per day of Municipal Solid Waste in a single process train (i.e., at least 100 tpd per unit). As defined herein, Municipal solid waste means garbage (food waste), rubbish, and trash from typical'housekeeping activities In homes and businesses. Municipal Solid Waste does not Include construction and demolition debris, yard trash, or hazardous waste. 7of15 ti LO 0 r O z CY a_ -a R 3 Q M N 00 N Q Z x w c a� E r r Q Packet Pg. 371 10.A.2.a A Conversion Technology will not be considered viable by the County unless the cost of using the Proposer's Conversion Facility is less than the cast of using the County's existing solid waste management facilities. The County currently charges approximately forty one dollars ($41.00) for the disposal of the Municipal Solid Waste It receives at the County's landfill. 2-2 SCOPE OF WORK St. Lucie County will require the successful Proposer to utilize a Conversion Facility under a 5 to 20-year contract. The County will not enter into a contract for more than 20 years, The County may provide a site for the Facility on the St. Lucie County Baling and Recycling Facility property. The proposed site for the Conversion Facility may be off -site. St. Lucie County may provide the successful Proposers with up to all of the MSW that is received at the County's landfill. The County currently receives approximately 550 tons per day of class one solid waste. The County will not guarantee the quantity or quality of the MSW that the County will be able to deliver to the Conversion Facility. The County will not agree to any "put or pay" arrangement. If a Proposer contemplates constructing a commercial demonstration facility, an area of up to four (4) acres may be available. To the greatest extent possible, in any contract between the County and the successful Proposer, the Proposer shall be solely responsible for all risks associated with the design, permitting, financing, construction, maintenance, and operation of its facility. 2-3 PROPOSER'S INFORMATION AND UALIFICATIONS Each Proposer must provide the information requested.in Sections A and @, below. in addition, each Proposer should provide any additional information that the Proposer believes will demonstrate the Proposer Is qualified to provide the services and perform the work requested by the County in this RFQ, "Informative" and "qualifying" items must be addressed In the proposer's submittal in order to render the submittal responsive and acceptable. informative Items are Intended to provide general information and qualifying items will determine whether the Proposer's submittal is acceptable. Submittals that fail to be precise, factual, accurate, and complete maybe rejected. A. Informative items: 1. Oreanizational Data (a) The Proposer's name, mailing address, and telephone number. (b) The Proposer's representative (Contact Person) for the purposes of this RFQ. 8of15 ti LO 0 r O z a e_ -a CU 3 Q M N 00 N Q t x w c m E t r r Q Packet Pg. 372 10.A.2.a B. (c) The mailing address, phone number, fax number, and e-mail address for the Proposer's representative. (d) Describe the Proposer's business organization (i.e., whether the Proposer is a corporation or other type of business entity) and identify the date when the business organization was formed. (e) identify the officers of the Proposer's business organization, as well as any Investor, general partner, or shareholder that controls 25% or more of the business. (f) If the Proposer has assembled a team of businesses to perform the work for the County, provide the name, address, and contact information for each business that is a key member of the Proposer's team, and describe the role that will be played by each key member of the Proposer's team. Qualifying items: 1. Proposer's Conversion Technoloy (a) identify and describe, in detail, the Conversion Technology that the Proposer intends to use to process the County's MSW, (b) Identify and 'describe, In detail, any other innovative technologies or processes that the Proposer intends to use to process the County's MSW. (c) Identify and describe the products (e.g., electricity; steam; fuel), if any, that the Proposer intends to produce with the County's MSW. (d) Provide a process flow chart that includes all of the major components of the system that the Proposer intends to provide to the County. (e) Provide a block drawing that depicts all of the major components of the system that the Proposer intends to utilize. (f) If applicable, identify the amount of space needed for the construction of the proposed commercial demonstration Conversion Facility, including all associated and ancillary activities and land uses. (g) Provide the proposed timelines for the initiation and completion of permitting, financing, construction, and start-up/shakedown activities. (h) Provide a description of the air pollution control systems that will be used on the Conversion Facility and, If known, Identify and describe the anticipated airborne emissions (i.e., identify the types of pollutants and concentrations of pollutants), if It is located on -site. Minimum Requirements for the Pr000sed System (a) Confirm that there Is at least one facility that currently uses the Proposer's Conversion Technology to process at least 100 tons per day of Municipal 9 of 15 ti LO 0 r O z CY U- -a R 3 Q M N 00 N Q t x w r c m E r r Q Packet Pg. 373 10.A.2.a 2 (c) (d). Solid Waste in a single process train (i.e., 100 tons per'day per unit). Also confirm that: 1. The Proposer or one or more of its key team members have been substantially involved in the construction or operation of the facility identified above. 2, Such facility has successfully completed its acceptance tests and has operated for at least the past 12 months (minimum). 3. Such facility has a minimum throughput capacity of at least 100 tons per day while processing Municipal Solid Waste. 4. Such facility, without major modification *or equipment changes other than for the acceptable application of good engineering practices for scale up, would substantially represent the system proposed for St. Lucie County, 5. Such facility, without major modification or equipment changes other than for the acceptable application of good engineering practices for scale up, would be suitable for meeting the County's need for 550 tpd of disposal capacity and would be able to successfully process the County's MSW, given its current characteristics. 6. Such facility can be visited and inspected by the County's representatives, if a site visit of the facility Is requested. Provide the name and phone number of the contact person at such facility. Confirm that the Conversion Facility proposed for the County will be able to process 550 tons per day of Municipal Solid Waste, as received from the County. In addition to the Information provided in response to item 13.2(a), above, identify and describe all commercial scale facilities that currently are using the Proposer's Conversion Technology to process Municipal Solid Waste or similar materials. Por each such facility, identify and describe: the type of material that is being processed; the products that are being produced; the maximum design rated capacity of the facility, the amount of material that the facillty actually processes on a daily basis; the date when the facility commenced commercial operation, and any significant operational problems that the facility has encountered. with regard to the Information requested in this paragraph (c), the Proposer must accurately report the Information that is known to the Proposer, but the Proposer is not obligated to conduct an independent investigation into the facts concerning the facilities that are identified in response to the questions contained In this paragraph (c). Provide a commitment from the manufacturer or other confirmation that the Proposer has the ability to acquire and install the Conversion Technology proposed for the County's waste. 10 of 15 ti LO 0 r O z a a_ -a CU 3 Q M N 00 N Q Z x w c m E c� r r Q Packet Pg. 374 10.A.2.a 3. 4. Proposer's Experience and Personnel (a) Describe the Proposer's experience with the permitting, financing, construction, and operation of: (1) facilities that use the . Conversion Technology that the Proposer is recommending in this case to process at least 100 tons per day of Municipal Solid Waste in a single process line; (ii) other solid waste management facilities; and (iti) facilities that are similar to the one recommended by the Proposer in this case. (b) With regard to the key Individuals and business orgahizations that will be assisting the Proposer with the permitting, financing, construction, and operation of the proposed Conversion Facility for the County, describe their relevant experience concerning the facilities identified in item B.3(a), above. If appropriate, submit resumes for the key personnel on the Proposer's team. Also provide an organizational chart or description of the organizational structure that will govern and coordinate the activities of the Proposer's team, both with regard to the construction of the proposed facility and with regard to the operation of the proposed facility. (c) Provide a complete list of all felony convictions (including pleas of no contest) involving the Proposer. Provide the same information for the Individuals and businesses Identified In response to items A.1(e) and (f), above. (d) Provide a complete list of all misdemeanor convictions (including pleas of no contest) within the last ten years involving violations of environmental laws or regulations by the Proposer. Provide the same information for the individuals identified in response to Item A.1(e), above. (e) Identify and describe all cases where the Proposer had a contract to provide services or construct a facility and such contract was terminated because of the Proposer's failure to perform. Provide the same information for the businesses identified in response to item.A.1(f), above, for cases that occurred within the last ten (10) years. Froposer's Flnanclal and Other Assets (a) Describe the financial resources of the Proposer. (b) Describe the financial resources of each key business organization that is Identified in the Proposer's response to Item A.1(f), above. (c) Confirm that the Proposer has the ability to provide 100% of the financing for the designing, permitting, construction, and operation of the Conversion Facility that the Proposer will use for the County's waste. (d) Confirm that the Proposer has all of the licenses, patents, and other approvals needed to use the Conversion Technology and other Intellectual property that the Proposer intends to use in this case, 11 of 15 ti ul 0 r O z a u_ -a R 3 Q M N 00 N Q Z x w c m E c� r r Q Packet Pg. 375 10.A.2.a (e) Confirm that the Proposer will provide a performance bond to ensure the successful long-term operation of the Conversion Technology that. the Proposer has selected for the CounWs facility and identify the maximum amount of the bond that the Proposer will provide. (f) state whether the Proposer has ever declared bankruptcy or otherwise sought relief from Its creditors under bankruptcy or similar laws. if the answer Is yes, please describe the circumstances concerning such event. 12 cf 15 ti LO 0 r O Z CY U- L R 3 Q M N CO N Q t X W r C d E t v R r .r Q Packet Pg. 376 10.A.2.a PART III EVALUATION OF QUALIFICATIONS After the County receives the Proposers' responses to this RFO, the County will evaluate the responses in light of five major criteria: (1) the general merits of the proposed Conversion Technology; (2) the operational record of the proposed Conversion Technology; (3) the processing capacity and limitations of the proposed Conversion Facility; (4) the Proposer's ability to obtain financing for the proposed Conversion Facility; and (5) the Proposer's general experience and qualifications. The primary factors that will considered by the County when evaluating the five major criteria are set forth below. The maximum number of points assigned for each criterion Is indicated below, with a maximum total of one hundred (1.00) points available for each Proposer. The County will assign points based on the absolute merit of the responses by the Proposers, as well as the relative differences In the responses. The County reserves the right, in Its sole discretion, to determine the number of points awarded under each criterion, based on the County's evaluation of all relevant Information concerning each such criterion. The County reserves its right to conduct its oven investigation into the relevant facts. The County also reserves its right to consider other relevant factors when evaluating the Proposers under the five major criteria. MERITS OF THE PROPOSED TECHNOLOGY - 40 points 1. Drawing and plans for the proposed facility 2. Design and operation of the conversion system (e.g., cupola/vessel) 3. design and operation of any pre-processing system 4. Timeline for permitting, financing, and construction of the proposed facility 5. Amount of space required for the proposed facility If located on -site 6. Marketability of the products produced by the facility 7. Anticipated emissions from the proposed facility if located on -site S. Performance guarantees provided by the Proposer for capacity, availability, emissions, and other features of the facility if located on -site 9. Proposed processing fee (all inclusive cost per ton) for County's use of the Proposer's facility OPERATIONAL EXPERIENCE - 30 points 1, operational facilities with a processing capacity of at least 100 TPD of MSW 2. Months of successful operations 3. Throughput (processing capacity) of such facilities 4. Number of years of successful operations while processing MSW or other waste materials 1,3 of 15 ti LO 0 r O z a e_ R 3 Q M N 00 N Q Z x w r c m E r r Q Packet Pg. 377 10.A.2.a PROCESSING CAPACITY 10 points 1. Capacity of any pre-processing system (measured in tons per day) 2. Capacity of the Conversion Technology and related systems 3. Ability to easily increase the processing capacity of the Conversion Facility (e.g., modular design) FINANCING 10 points 1. Proposer's demonstrated ability to finance the County's project 2. Financial strength of the Proposer and Its team OTHER EXPERIENCE AND QUALIFICATIONS - 10 points 1. The Proposers experience and qualifications 2. The experience and qualifications of the Proposer's team 14 of 1S ti LO 0 r O Z a U- L R 3 Q M N 00 N Q t X W r C d E t r r Q Packet Pg. 378 10.A.2.a PART IV THE COUNTY S REVIEW PROCESS AND SUBSEg_U NT ACTIONS The County reserves Its right to. waive any informalities or minor irregularities in any response to this RFP; reject any and all responses to this RFP that are incomplete, inaccurate, conditional, obscure, or which contain limitations or additions not allowed for; accept or reject any response, in whole or in part, with or without cause; and accept the response which best serves the County's interests. The County has not yet determined the process that it will follow after it receives and evaluates the Qualifications submitted in response to this RFQ. If the County determines there are two or more Proposers that are qualified to provide the services described In this RFQ, the County may issue a Request for Proposals ("RFP") to the Proposers that are deemed qualified. In the alternative, the County may conduct negotiations and then enter Into a contract with the Proposer or Proposers that are deemed most responsive to this RFQ. Given the County's uncertainty about the Qualifications that will be submitted In response to this RFQ the County reserves its right to. (a) request additional information from one or more Proposers before making any decision; (b) Issue an addendum and then solicit the submittal of new or additional Qualifications; (c) issue an entirely new RFQ; (d) issue an RFP; (e) conduct negotiations with two or more Proposers concurrently; (f) reject all Qualifications; and (g) take any other action it deems in the best interests of the County. Depending upon the responses it receives to this RFQ, the County may, at its sole option, decide, to finance the utilization of the Thermal Conversion Facility, rather than having a Proposer finance the project, If the County deems such action to be in the best interests of the County. LO r O Z a U- L R 3 Q M N 00 N Gl t X W .r C d E 15 of is U r r Q Packet Pg. 379 10.A.2.a ADDENDUM 411 RFQ No. 14-057 REQUEST FOR QUALIFICATIONS TO UTILIZE A CONVERSION FACILITY TO PROCESS MUNICIPAL SOLID WASTE September 16, 2014 To: All prospective Bidders: The following changes, additions, clarifications, and deletions amend the Sid Documents of the above captioned Project, and shall become an integral part of the Contract Documents. Please note the contents herein and affix same to the documents you have on hand, Indicate on the Bid Form that this Addendum has been received, g UESTIONSIANS ERS: Qi: Do you happen to have an analysis of the waste at your landfill for me to use to help determine the gas scrubbing needs as I prepare this RFQ? If not, I will use industry norms but it would be helpful to be as accurate as possible. Al: We wall not guarantee the quantity or quality of the waste. We have a composition study (included with this addendum) from 2006 but will not guarantee the composition. ATTACHMENT: 2006 Composition Study Please sign and return by mail or fax to (772) 462-1704, Name of Firm, Signature: Date: ADDENDUM 91 - RFQ #14-M7 0 z cY LL L 3 a M N 00 N a x w as E z 0 a Packet Pg. 380 10.A.2.a A weighted average was calculated using, the known ratio of commercial to. residential waste provided by staff -at the Baling and Recyding Facility (65 parce-nt residential and 35 percent commercial). Table 2-6 and Figure 2,3 presentthe weighted average waste composition by category based on the waste sorted. Miscellaneous paper accounted for the -highest weighted overall percentage.bf volurne.during the study with an average of 14.57 percent. Other plastics, yard waste, and cardboard accounted for the next highest percentages, averaging 1:3.67,.13.40, and 1.1.84 percent, respectively. The weight percentages -by category for samples 1 through 12 are presented graphically inFigci 2-4 through Figure 21:6, respectively. Appendix E chains the completed data sheets for each load. Table 2.6 Average Weighted Mesta Coo osttlon Refuse Component Residential (65%) Oommertiai (36%); welghted Average. Cambusffbles Newspaper 2.96% 1.50% 3.24% Cardboard 7.69% 19.560 11.84% Miscellaneous Paper 16.77% 10.47'Y 1.4.67% Plastic Bottles 2.99% 2.63% Z87% Other Plastics 13.32% 14.32% %67% 1 exiles 2.88°!0 6,39�0 3.76% Food -Wastes 6.12% 7.80% 6.71% Yard Wastes 19.67% 1.769/a i 3.404'a Rubber 0.27% 0.20% 0.27% Canstructlon Debris 6.29% 6.3@% 6.67% Electronics . 1.10% 1.69% Ferrous 3.69% 6.67% 4.70% Nan -ferrous 1.38%. 0.66% 1.13% Glasslcerarnic 611..9% 2..ss% 4.30% Organic Q.95% GIO40A 0.83% Household HazardousWeistes 0.66% 0,81% 0.62%. ConstructlarrDebris 7.64'/a. 16.95,.°h 10.80% Other urns 0.42% 0.25% _ 0.36°k 1. Approodmately 66 Pe[CO"t Ot aR h1COMI1Q UM 1 M MY M mr,196DUM, VI EHIira"1111}j, va }+ar. yr a o a an 1 rn.®rw®r. ADDENDUM # 1 - RFQ #14-057 r` in 0 6 Z a U- L R 3 Q M N 00 N Q t X W r C d E t v R r .r Q Packet Pg. 381 10.A.2. b EXHIBIT "Bee Below Is a summary of each proposal submitted for RFQ 14-057. The two top ranked firms were 1. Green 3 Power and 2. Carbon Cycle Power, The most beneficial proposal for the County would be Green 3 Power. This is due to the fact that they would process all of our waste and consume the landfill leachate through the process. They would utilize It as process and cooling water. Green3 Power 0ocratr'ons Facility type Commercial scale Technology Gasification Design life 30 years Initial Design capacity 550 tons per day Maximum capacity 1,200 tons per day Feedstock Solid waste and landfill leachate Area 4 acres Ash 4.5 percent to be utilized In concrete block Products Approximately 48,000 gallons of diesel fuel per day Carbon Grade Power Facility type Demonstration Technology Electric arc gasification/plasma field s,DOO degrees F Design life 30 years Initial design capacity 120 tons per day Maximum capacity Modular Feedstock Solid waste Area 1 acre Ash None Product/s Synthesis gas En a Facility type Commercial Technology Mechanical/biological (composting/aerobic decamposition) Design life 30 years Initial design capacity 550 tons per day Maximum capacity Modular Feedstock solid waste Area 6,2 acres Asir None Products OF (refuse derived fuel), metals, glass, plastics ti LO 0 r Packet Pg. 382 10.A.2.c Q LO m N N LO inm CO u s L C9 Ce) v (Y) kv) u Lf) CO O p C N O LO �7 0 EC O a Cep LO N cc LO NN QL7 6 LX C CL Q. U7 0) E ql :5 d in »a c a C 0 m o a is .° is �" C[)2 w o F°- 6 ® C? ui m (7 O 0 m Cu 0 U) a .2 r_ N N d U O a` Cu a_ c O a� c O U O C O Cu N 'rr ti LO O r O Z a LL L R 3 i, .r Q Packet Pg. 383 10.A.2.d Gn 0 onow"Illm, *4 i�.. m momall al w sU�UIIGId� � ca NE litp9odeo Buisssawd � O Z C'1 U_ 'a cu a � M N N C r t k W C d z V O r� r� L Q �6 W ui Packet Pg. 384 10.A.2.d J k� F O U Q d u_ C 0 7 C O cc 0 W O to 0 0 102 Cr L ©E r z go P E � V W IV.10J. a Cl- 0 NS a a W suogea0plent7 pue eouapedxa aaLgO o l Bu{oueul� f}josdieo Buissaaoij ti m aouepedxaEeuogwedO o ° a C. S Q O A5oaouq*e., pesodad 044 do SIROW G !n M 4i t^ tx N h1 � K 1� �1 �y I H T +s } , cEF 3�qa " a a 0 L 4 0 � 0 a� c W fl U 0 C9 t4 Cm W .0 d 0 aDY ��aC a c ��to 0 O a 0 ..- 0 ca a C O Z a LL L Cu 3 a M N 00 Q � t t W -J d E W r V W Q D m ul V -4 Y, . Packet Pg. 385 0 f % (D 0 0 3- (L 0 Rf LL r. 0 U, 0 O to 0 A-j U) a 0 *a TZ 40- O rr E u z oa U- LL w w W101 C C) Ln LO a Ul) C� LO Ln 0) 0) a) 0) SuvjjLl%ljj!juniD Ptle Gauaijodx31Gqlo C7 0 0 Ir- V- oujoutRul (D C C� Cm C) C) T- -C-1 T" A)Iouduo BUISSOOO-ld CD V- oouousdx� leuoijejedo C) 0 C> a Q 0 0 m m m m m A15olouq:)e.L posodOJd OW IQ SWOW U) m LO Cn 0 m w Lo 0 of ZZ 4) r- r- 0 L) M z E CL 0 ns, ul CL 0 m E m 0 .2 (D m ji(D 0 C ID iL t: 0 Em 4) , so- Q uj gb 4 In IL isLu 0 in 00 0 Fl- ul C) 4 T" 6 z a LL Cu ce) C14 Co 54- W LU E L) 0 Rs LU I Packet Pg. 386 10.A.2.d O O cU m U O L. CL 0 c 0 } c 0 m q? N y O 4+ 0 U 4� ca C� w Cr h sR7 w a _ i E � ! i i (n LU OG -1viol W sucpeoµjjenb pue eouepedx3 Jet♦;o o BUIOUEU14 CD a ""r v 14loadeo OulssGOOJd C� �`6 L r-- •-a. m eaueuedx3leuogaJedo n c O ►S6olou400.L pesodoJd ay;0 `PO }W 4 K . 0 C7 A c�a ~ tq m 7+ @ >W o u a E o E c C .R m %{•tea' AF d ]� CL q=� /L C N (L01 ti LO O 6 Z a u_ [1� R 3 M N Co 0 x w c 0 R r-+ Q Packet Pg. 387 ti LO O 6 Z a u_ [1� R 3 M N Co 0 x w c 0 R r-+ Q Packet Pg. 387 10.A.2.d c 0 U L ,0. IL a� �s 0 0 e� LL C 0 a C 0 a es L 102 Cr LO c 0 Co CYa ww n J i i I E I i i W E suopeo[yijenb pug oweuedxa jetnd w o- 00 <0 ' 7 0 fiu�aueu� IS}iat'dl'o 71lISSeaQIEj 00 m eoueuedx3 puoi;ejedo CD /[6olouyosl pssodwd ay} Jo stuaW 0 ea S a o r °c cA #_ t = a� � m o� : cs U U U ee c C 0 c a m� � i0 � a.� i., LIi C)w OW w z y a�. �, E a c o 40 Q1 nr°�CG flu CL0Qc a m Co C E z L L U W {9 in O O t0 O y w Q Packet Pg. 388 O y w Q Packet Pg. 388 10.A.2.e EXHIBIT "E" 1W VASST ENERGY CONCEPTS INC. Alternative Energy March 30, 2015 Written Protest Owitting VASSTBarker Consulting from the Award Attentlon; Mrs. i�rannie Hntew"O a Ms. Paula A Lewis Mr. Todd Mawery Mr. Kin Johmoaa Mr. Claris DzWovaky County Atterne} , Mr. Daniel Mclntyre CEO Stephen J. Laudaa(VASST ENERGY CONCEPTS, INC) CEO William Barker(BARKER CONSULTING) We value the Boards Decision. We at VASSTBARKER are d€sappointed in not being included as one of the comparra es seiectod to move forward in this etelting projeeL We would like to clarify some points that we have tuterpreted from the selection panels scoresheets and questions that wen asked by the p mel at the msaeting on Ftbru wy $041015. Rory Roberts, Director for County of St Lucie SWA and the most Informed client we have met where r this technology is concerned, platted VASSTBarker, second in his acoriag of the three companies asked � to attend. Another panel member scored our proposal zero out of forty In two criteria, Yet gave � an everyone abe forty points. We either did not demonstrate our clUctiveaess in these two areas or 9 something was not explained property. In comparing all three RFQ submittals we can ate no reason r why we did not fare the some as the other groups. We would h'ke to clarify and correct any o misconceptions, Z a aL A)_Clarlty and addressing conceraas at the meeting Feb 5 2015; � L f) During the seating we used the terminology "demo 5yatem". We believe the use of the word 3 "dome" was mist+nderstoW. VASSTBA.RKER has a physical "demonstration" unit already Q wnrUng and ready for delivery to St Lucie County. it is currently in Japan an loan and can be N defivered here within a month. This un# h used to show ast our system and to sdloPw The cud 00 user to gain Irarowledgt of the system, tarsi its ]fatatts and prove that asaerfiaaras of "zero cost or pollution" is in facet true, w I) Upon completion of porwiitting, we would deliver the first of four, fifty ton per day vessels to �_ start the bu�iidout of the project. Our teelmology utilizes smallervessels for project efciena:y. � x When using larger vessels, should out large vmel fall, the whole opemdon grinds to it halt. w Our plant system would continue producing while the problem is rsctiBed. m E t r r 1717 N. liaayshore Dr., Suite #2953, Miami, FL 33132 Q Telephone: 321-610-4676 - Melbourne 786-327.2502 .. Miami Packet Pg. 389 10.A.2.e 3) As part of our tease, two former members of Star" provide valuable experience and busight to this technology. Fred Cheaiy was the lead engineer responsible for design and implementation of plasma gasification technology. We also have Steve Ltuuds who was responsible for worldwide sales and was instrumental in the puurchaae of one of our systems by the U.5 Department of Defense. Starteeh was the industry leader in this field for many years and won many awards for Innovation and new technology. Sadly, Startech closed theta doers � after the company founder passed array. :2 4) Our team consists of proven leaders in their respective fields and bring a wealth of experience 0 and lanowledge to this project. Ours b not another top heavy organization but rather a well-rounded group made up of engineers, t¢chuicfam and business professionals from various a backgroun u 5) The fins ucial team has raised hundreds of millions of dollars for a wide mugs of projects both here In the United States and in Europe. Bill Harker, one of team leaden oversaw the Inception and implerneutatfon of cable TY. throughout Spain for G.K. and is well versed In large scale project ptmwdng and development, o L With a growing population and the need to eliminate the landfill, it will tame a collaborative effort by >, the County and several vendors to aebleve the desired outcome, No ant company can achieve all that the County has been proudaed without working together. CU U- Both companies that have been selected to go through to the next phase, make no mention In any O document about the reduction of the County landfill. They eacb require all of the daily expected refuse a) generated by the County to mtnkc them viable. VASST/Barker trill utilize "fresh" daily waste > transported to the Iandltil as well as current feedstock fmm the landfill which will work to reduce the sft iiaeardous material world also be accepted by our facility which is the only system that can to CU dispose of thiis waste cormpletely and without negative impacts to the environment. o pis stated at the start of this document, we respect the Board's decision and recogaim all of the hard c work that goes into these types of decisions. We would however ashy for Board to consider the N expansion of the notice to include VASSTlBarker. There Is zero downside for tine County in Including = r VASST/Oarker. We do not need any flnts vial incentive or monetary support in bringer this project � to fruition, instead, we require a very small area at the landfill site when the project Is ready to begin, LO Our project, working in conjunction with others, will elinduate the daily burden ofrefuuse disposal and � break down hazardous materials so that there is no waste or ash. Most importantly over time, with r o proper implenutntations, we will be able to return the land back to Its natural state. That Is an z environmental legacy worths fighting tort CY W VASST/Barker respectNiiy requests to be included in the next please as we are currently ready to go, � With only benefits to our community and no ftwelal risks, we await your positive response, � a M cm Respectfatly, N VASST/Barker Energy Concepts. x w c m E WON t r 1717 N. Day'shore Dr., Suite #2953, Miami, EL 33132 Q Telephone: 32 t-6104676 - Melbounie 786-327»2502 .Miami Packet Pg. 390 10.A.2.f EXHIBIT "F" � PURCHASING April 2, 2015 Mr. Stave Lando Via e-mall and i=ederei Express Barker Consulting PartnsrSNASST 1717 N. Sayshore Drive Suite 2963 Miami, FL $3132 Subject; Request for Qualifications No, 14-057; tltEllze a Conversion Facility to Prooess Municipal cu Solid waste for St, Lucie County u- c Dear Mr. Lands: 0 rn L The county Administrator has requested that I respond to your w0tlen protest on his behalf. On Tuesday, c March 31, 2015, St, Lucia County rocelved your written protest dated March 30, 20% which was submitted on behalf of Barker Consulting(VASST EnerMy Concepts, concerning the County's Request for U Qualifications (RFQ No. 14-057). After reviewing your protest County staff has determined that the fu was not submitted in a timely manner as required by Section 11,1 of the St, Lucie County o protest Purchasing Manual, o County staff e-mauled the LetleT of intent outlining the County's Intended actions as to RFQ No, 114-057 at r N the request of Cary Morris of VASST Energy Concepts (Barker's representative), on March 25, 20116 at = 8:05 AM, Included in the Letter of Intent were instructions regarding protest procedures. The protest lettw from Marker was hand delivered to the County Adminfslration's 3i° Floor reoeption desk on the morning of March 31, 2015 -6 days after Me County's Notice of Intent was delivered and recelved by LO Cary Morris. c 9 Barker failed to comply with the requirements in the CourTty sJ Purchasing Manual, which contains a r o twenty-four (24) hour time limit for submitting a pretest. Section 1 I. i of the SL Luata County Purchasing z Manual states as follows: CY Ls_ 11.1. RIGHT TO PROTEST: E L Any actual or prospective bidder or offeror who believes he Is aggrieved In connection with f° Q the sollottatlon or proposed award of a contract may file a written protest with the Counly Administrator or designee. The protest shall be submitted In writing within lwenly-four (24) Cl) hours, not including SaturdayN Sundays or County alosings, after such aggrieved person knows or should have known the facts giving rise to the alleged grievance, N Since Barker's letter of protest did not comply with the County's requirements, the County Administrator u- w hereby denies Barker's protest. Pursuant to Section 11,2 c of the Purchasing Manual you may appeal the deolsion to the Board of County t w Commissioners by filing a written appeal to the County Administrator within 24 hours of the date of this • • letter. E CKA* MADOVSKY, Mina No. i • TOD MC"RY, CWcr No. 2 . PAULA A. lrwa, DWcr No.3 + FRANNIF HMCIMSON, Tlis"fa No. 4 . KIM JOHN50N, Distau No. 5 V Co y AdrraMmver - Nowad N, Tipton r 2300 Virginia Avenue • Fort Pierre, Ft. 34992-5W • Phow (772) 462-1700 Q FAX (772) 462-1704 a TDD (772) 462-1428 web sire; www,stludeco.org Packet Pg. 391 10.A.2.f We are sorry that you are dissatisgod with the County$ tteoWon concerning the County's RFQ, but we nonetheless thank you for your interest In working with St. Lucia County. Sincerely, —S . QLJ�� r A Desiree J. ONno Purchasing Manager ca; County Administrator County Attorney Solid Waste Director 6 z CY u_ �a 3 Q M N 00 N LL t X W C E t v R r Q Packet Pg. 392 ITEM NO. RES-2015-63 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Leslie Olson, Planning Manager Planning Division DATE: 04/21/2015 *REGULAR AGENDA\PLANNING & DEVELOPMENT SERVICES Resolution - Recognizing the 300th Anniversary of the 1715 Spanish Fleet Shipwrecks off the Shores of the Treasure Coast Staff Note: This agenda item is the Capstone project of IRSC Public Administration student, Stephanie Heidt. She has developed what could have been a simple request for a proclamation into a project that, if approved, will install the work of a local artist at a County beach memorializing an event important to the development of our regional history. In the 1700s, Spanish fleets would sail to the new world colonies to gather supplies and treasure. However, during the period of the War of the Spanish Succession (1701-1714) these sailings were disrupted. In 1712, King Phillip V sent a flotilla to retrieve some much needed supplies and treasure from its South American possessions. Due to several unforeseen events, this fleet would never reach Spain. On July 31, 1715, eleven ships of the Spanish fleet wrecked off the Florida shores from Indian River County south to Martin County. One of the ships, the Nuestra de las Nieves wrecked near what is now known as Frederick Douglas beach on South Hutchinson Island, and a survivor encampment was erected there. Another ship, the Urca De Lima, wrecked roughly in the location of Pepper Park. Hundreds of years after this tragic event, in the 1960s, underwater salvaging efforts began and the name "Treasure Coast" was born. Historical tourism is important to our economy and cultural heritage. Sites such as the wreckage of these ships from the 1715 Fleet are part of the allure of what attracts people to our area and a rich part of our history. This year will mark the 3001" anniversary of the wreck of the 1715 Fleet. There are several events planned throughout the Treasure Coast to commemorate the loss of this fleet. Please find attached to this agenda item, a letter from the St. Lucie County Historical Commission asking that the Board support recognizing this historic event with a resolution to recognize the 300th Anniversary and direct a monument or signage marking this historic event. IRSC Capstone Student, Stephanie Heidt has collaborated with Linda Fasano, Executive Director, to develop an Artist Call for the design and creation of a beach -appropriate monument designed by a local Packet Pg. 393 artist. The proposed Artist Call recommends the most appropriate medium for this challenging enviroment to be mosaic tile with an estimated budget of $7,500.00. The Artist Call is attached to this agenda item. The Parks and Recreation Department is currently in the planning process to make necessary upgrades to beach parks. Parks and the Planning Division will collaborate integrating this monument into the proposed improvements. PREVIOUS ACTION: N/A FINANCIAL IMPACT: $7,500.00 for a historical monument to be designed and constructed by a local artist and placed at Frederick Douglass beach. RECOMMENDATION: Staff, in collaboration with IRSC Capstone Student Stephanie Heidt, recommends the Commission approve the resolution recognizing the 300tb anniversary of the tragic wrecking of the 1715 Spanish Fleet and directing staff to evaluate the feasibility of a monument to be erected marking the wreckage of the Nuestra Senora de las Nieves. COMMISSION ACTION: Coordination/Signatures Mark Sifter ee, Depu county- A ministrato 4/8/2015 Danie S. McIntyre, C my ttorney 4/13/2015 Ho and Tipton, Count Administrato 4/15/2015 Updated: 4/15/2015 3:48 PM by Leslie Olson B Page 2 Packet Pg. 394 10.B.a BOARD OF COUNTY COMMISSIONERS April 6, 2015 ST. COUNTY LUCIE F L O R I D A Chair Paula Lewis Board of County Commissioners St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Chair Lewis: PLANNING & DEVELOPMENT SERVICES DEPARTMENT Planning Division This year marks the 300th anniversary of the 1715 Fleet shipwrecks off our coasts. This event that happened so long ago helped to shape our community and how we are viewed by the world. In the early 1960s, centuries after this tragic event, treasure hunters began salvaging for the lost treasures from this famed fleet, and our name "Treasure Coast' was born. There are several events planned throughout the Treasure Coast to commemorate this historic LO event. Indian River County Main Library, in cooperation with the 1715 Fleet Society, has weeklong o activities planned. In Martin County, the House of Refuge plans to have a lecture and display Ci artifacts that have been recovered. The Historic Commission would also like to recognize this historic event here in St. Lucie County. as J Tourism is an essential part of our economy. Our pristine beaches, museums, and points of historical interest all are a part of what attracts tourists to St. Lucie County. To this day, the wreckage of the 1715 fleet adds to the allure of the Treasure Coast, attracting visitors who appreciate the history and opportunities of our area. Because of its importance to our history, we are requesting that the County support commissioning a local artist to create an historical monument at Frederick Douglass Beach marking the wreckage and survivor encampment of the Nuestra Senora de las Nieves. Finally, we are requesting a resolution be adopted by the St. Lucie County Board of County Commissioners that recognizes this historic event, encourages the citizens to participate in planned local events, and calls for the dedication of a memorial to the 1715 Fleet at Frederick Douglass Beach. Respectfully submitted, James Moses Chairman St. Lucie County Historical Commission CHRIS DZADOVSKY, District No. 1 • TOD MOWERY, District No. 2 • PAULA A. LEWIS, District No. 3 • FRANNIE HUTCHINSON, District No. 4 • KIM JOHNSON, District N Howard N. Tipton, County Administrator 2300 Virginia Avenue • Fort Pierce, FL. 34982-5652 TDD (772) 462-1428 • Phone (772) 462-2822 • FAX (772) 462-1581 Website: www.stlucieco.gov Packet Pg. 395 10.B.a Attachments: Historical Timeline of Events Proposal for monument to serve as historical marker Calendar of events to commemorate the 300th Anniversary Fort Pierce Mayor Hudson Recommendations Resolution J M/sh Packet Pg. 396 10.B.b 1715 Spanish Fleet Timeline Due to the War of the Spanish Succession (1701-1714), the twice yearly sailings of Spanish fleets to the New World colonies were disrupted. These trips to gather supplies and treasures were not only important to Spain, but all of Europe. In 1712 King Phillip V sent a flotilla to New Spain to retrieve the riches from South America and Mexico. Unforeseen delays caused the ships to be delayed for years. The following chronology details the fate of the 1715 Fleet, the survivor encampments, and the efforts to retrieve the sunken treasures: July 24, 1715 Twelve ships set sail from Havana. They are the five ships of Flota fleet under General Juan Esteban de Ubilla; the six ships of Galeones fleet under General Don Antonio de Echeverz y Zubiza; and the French warship Grifon under the command of Captain Antonio Darie. For four days, the fleet heads east along the Cuban coast, through the straits between Florida and the Bahamas. This route was most preferred, because familiar landmarks ensured safer navigation. July 28, 1715 The fleet moves up the straits between Florida and the Bahamas, known as the New Bahamas Channel. Approaching bad weather is noted. Captain Darie of the French frigate Grifon decides to leave the fleet, sailing ahead. Because of this decision by Captain Darie, his would be the only ship to survive. July 29, 1715 As the weather worsens, General Ubilla as well as the seasoned sailors know to begin preparations for the coming storm. July 30, 1715 Tacking takes longer in an effort to keep the fleet away from the FloridaUj W shores. Sails are reduced to protect upper masts; hatches battened; squalls increase as darkness descends requiring lanterns to locate ships. The fleet's position between the Bahamas and Florida does not allow for the fleet to outrun the storm. E LO July 31, 1715 Increased winds cause the fleet to begin bottoming on the shoals as crews lighten ships in the hope of floating them over the shoals and onto the beach. These w efforts prove futile. E AFTERMATH r a In the morning, the wreckage and bodies are to be found along 30 miles of the Florida shoreline. Approximately 1,500 survivors are washed up onto the shore. There are approximately 700 dead, including General Ubilla. The survivors begin to set up camps, sailors and some of the passengers begin to loot the dead and wreckage that has washed ashore. August 2, 1715 Admiral Salmon, now in command with the death of General Ubilla, begins to organize the survivors. Efforts begin to enlarge camp. A foraging party encounters the first Ays Indians without conflict. Three boats from the wrecks are salvaged and repaired so that word can be sent of the tragedy and ask for help. Admiral Packet Pg. 397 10.B.b Salmon offers amnesty to those who have looted the wreckage, but many refuse, attempt to overtake a salvaged ship, and when unsuccessful take out on their own. August 4, 1715 A pilot is sent to St. Augustine on one of the boats with word of the disaster and a request for supplies and assistance. Admiral Salmon also sends a confidential letter to the governor advising him of the men who have revolted asking that they be arrested. The trip takes 3 days. August 7, 1715 As the first boat reaches St. Augustine, a second boat is sent carrying thirty survivors along with a chaplain and commander. Governor Corioles sends word to the king, advising him of the transpired events. He also issued a decree that forbade anyone from traveling without special permit in order to protect the king's treasure. August 8, 1715 A third boat is sent from the survivor's camp to Havana carrying those of high ranking, nobility and wealth. Also on this day, Governor Corioles sends what supplies he can spare from St. Augustine and a letter back to Admiral Salmon. August 10, 1715 Survivors' camp is extended and organized by Admiral Salmon to allow him to not only protect the survivors, but guard the treasure in the wrecked ships. August 15, 1715 As the first survivors reach Havana, Governor Casatores sends seven ships, provisions, and thirty experienced divers to begin salvage operations. September 7, 1715 King Philip of Spain learns of the disaster. September 10, 1715 Ships from Havana reach Barra de Ays. Within a few days, the survivors are transported to either St. Augustine or Havana. November 21, 1715 Governor Archibald Hamilton of Jamaica, which belonged to E England at the time, commissions two ships to hunt pirates (possibly with the intent and LO knowledge they would head for Florida). Indeed, they attack the Spanish salvage camp and take some recovered treasure. w c January 26, 1716 English raiders again attack the salvage camp. E September 1715 — April 1716 It is estimated that 80% of the treasure is salvaged. a June 11, 1716 Governor of Havana organizes the sailing of salvaged treasure for Spain. August 25, 1716 Two ships arrive in Cadiz with the salvaged treasure. From 1716 to 1718 English continue to salvage from the wrecks. 1718 Spain attempts to resume salvaging, but is forced away by the English. Packet Pg. 398 10.B.b September 18, 1718 A Spanish expedition returns to Havana having overcome the English. Spanish salvage operations continue into 1719. 1960s Modern day salvage operations begin. Historical timeline taken from: Burgess, R. F. and Clausen, C. J. (1982) Florida's Golden Galleons: The Search for the 1715 Spanish Treasure Fleet. Stuart, Florida. 1715 Fleet Society (2015). Information retrieved on March 25, 2015 from http://www.1715fleetsociety. com/history/ E LO w c E r a Packet Pg. 399 10.B.c St. Lucie County Historical Commission 2300 Virginia Avenue Fort Pierce, FL 34982 St Lucie County Historical Commission in collaboration with St. Lucie County, Arts & Cultural Alliance SLC present an artist call commission Format: National: Local Treasure Coast Artists (IRC, SLC & MCTY) Title: 1715 Fleet memorial Format: Monument in memorial of 1715 Fleet Medium: Mosaic Artist Call Release: May 1, 2015 Deadline for submission: June 15, 2015 Artist Selection: July 15, 2015 Budget: $7500.00 The St. Lucie County Historical Commission with collaboration partners are seeking an artist to complete a concrete and mosaic memorial at Frederic Douglas Beach, Ft Pierce FL 34949. This monument is in commemoration to the 1715 fleet designating "The Treasure Coast". (For more information and discussion please contact the St. Lucie County Planning Division at (772) 462-2822) The monument must depict or reflect the historical significance of the fleet and area. The monument must be designed to meet all aspects of Art in a beach setting, including but not limited to weather, salt, hurricane conditions/specs, engineering etc. Educational signage will be placed with artist, title and size not included in overall budget. Artists Eligibility: Professional artists meeting requirements, residing within the Treasure Coast. Application Process: The application process is managed by the St Lucie County Arts & Cultural Alliance Arts in Public Places Executive Director, Linda Fasano. Stakeholder organization will take part in Artist Selection. Application Requirements: The information and documentation below must be postmarked or arrive at Administration Bid. before 5:00 pm of the stated deadline. 1) Artist's request letter with contact information including phone/cell. (2) letters of recommendation. 2) Resume/Bio current and professional resume, including public art work sited. *Pubic Art not a requirement in this artist call. 3)Maximum of 10 images, may be sent of completed works only sent in format of digital images via e-mail. Images submitted.to lindafasano@artsinstlucie.org or by CD/DVD Please test files prior to sending, any file not compatible will not be reviewed. Packet Pg. 400 10.B.c 4) Image list/identification sheet which gives the specific project name,artist's name, address, phone number. For each image number 1-10 with Title of work, medium,dimensions, date of work, if applicable the name and place of commissioning public agency. 6) SASE: A self addressed, stamped envelope for the return of information if requested. Send or deliver to: stamped, e-mailed or dropped off by close of business day deadline date Arts & Cultural Alliance SLC St Lucie County Administrative Center Human Resources office for drop off ATTN: Linda Fasano 2300 Virginia Avenue Ft Pierce Florida 34982 561-512-6465 Packet Pg. 401 10.B.d Mayor Hudson's Recommendations 1715 Spanish Fleet Anniversary Treasure Coast of Florida Event July 2015 will be the 300th anniversary of the sinking of the treasure fleet in July of 1715. Millions of dollars of treasure has come through the Fort Pierce inlet. Treasure buffs all over the world think of Ft. Pierce as central to treasure hunting. Captain Carl Fismer, a treasure -finder and historian of the 1715 Fleet, has asked for letters of invitation to be sent to the Federation of Metal Detector and Archaeology Clubs (http://www.fmdac.orw), the Texas Council of Treasure Clubs (http://www.tamdc.org/Home.html) and an open letter to Metal Detectorists to invite them to Fort Pierce in the Summer of 2015 to be used in publications (htt2://www.1715fleetsociely.co ). The Indian River County Genealogy and History Library in Vero Beach, is already planning an exhibit of 12 panels, each representing a sunken ship, with its cargo, captain, passengers, crew, based on research. Indian River is also planning a 1715-site tour the last week in July, 2015, with interviews of treasure -hunters. Sites to be used in Indian River include the McLarty Museum (http://www.floridastateparks.or /hi�story//parkhistorycfm?parkid=109), the main camp of the survivors. Indian River County library staff has indicated a willingness to work with St. Lucie County. Other organizations contemplating/ commemoration activities include St. Lucie Historical Society, Treasures of Fort Pierce website and the 1715 Fleet Society, whose website declares it is the "Official website dedicated to commemorating the 300th anniversary of the 1715 fleet disaster." The 1715 Fleet Society (htt2://www.1715fleetsociety.com/) will launch its commemoration activities at the Florida United Numismatists (FUN) Show in Orlando in January of 2015. One idea for St. Lucie County is the creation of a monument at the Frederick Douglass Park, where there is a known wreck and a camp of survivors. There could be a ceremony the last week of July unveiling that monument. Perhaps this could be paid for with grant or art funds. Other possible activities Treasure hunt tours and seminars in St. Lucie County. A reception for treasure hunters at the Seal Museum An informational program at the Bud Adams SLH Annex (Cobb Building) A dance or other event encouraging attendees to wear Spanish costumes Free metal detectors given away as prizes (White and JW Fisher) Indian River Magazine coverage Interviews on Channels 21 (SLC) and 27 (Fort Pierce) of treasure hunter (s), at the very least Capt. Carl "Fizz" Fismer. 11/19/2014 Packet Pg. 402 10.B.e RESOLUTION A RESOLUTION RECOGNIZING THE 300th ANNIVERSARY OF THE 1715 PLATE FLEET SHIPWRECKS OFF THE SHORES OF THE TREASURE COAST WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The ships that comprised the 1715 Spanish Fleet set sail from Havana, Cuba on July 24, 1715 carrying treasures and cargo destined for Spain. 2. Due to unforeseen events that delayed the sailing, the ships, sailors, and treasures were destined to become a part of our local history when in the early morning hours of July 31, 1715, the fleet was overcome by a hurricane resulting in the loss of life and treasure. 3. Hundreds of years after this tragic event, the discovery of these shipwrecks, and the salvaging activities surrounding these sites, resulted in our area being named the Treasure Coast. 4. The 300th anniversary of this historic shipwreck will occur on July 31, 2015. Our history is an important part of our culture and way of life, and should be recognized and remembered now and for future generations. 5. The St. Lucie County Historical Commission has recommended that the Board of County Commissioners commission a monument to be displayed at Frederick Douglass beach marking the wreckage of the Nuestra Senora de las Nieves. This monument will serve to inform residents and visitors alike of the historical significance of this event. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby recognize the 300th Anniversary of the 1715 Spanish Fleet that wrecked off our shores, giving our region the name "Treasure Coast" and encourages all citizens of St. Lucie County to join in the local commemoration events planned throughout our area. 2. The Board directs staff to evaluate the feasibility of a historical monument being placed at Frederick Douglas beach to recognize the event. PASSED AND DULY ADOPTED this day of , 2015. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS BY: County Attorney Packet Pg. 403