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HomeMy WebLinkAboutAgenda Packet 05.20.2014T. ® I I COUNTY F LORI D A BOARD OF COUNTY COMMISSIONERS AGENDA ST LUCIE COUNTY Regular Meeting Tuesday, May, 20, 2014 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. 4 Chair FRANNIE HUTCHINSON District No. 3 Vice -Chair PAULA A. LEWIS District No. 1 CHRIS DZADOVSKY District No. 2 TOD MOWERY District No. 5 KIM JOHNSON 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 511912014 2:52 PM Regular Meeting Tuesday, May 20, 2014 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, May 20, 2014 9:00 AM I. CALL TO ORDER II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. MINUTES AND PROCLAMATIONS APPROVAL 1. Board of County Commissioners minutes for the meeting of Tuesday, May 06, 2014 2. Resolution 2014-72 - Adoption of a resolution proclaiming the month of May 2014 as "Stroke Awareness Month" in St. Lucie County, Florida. 3. Resolution 2014-73 - Adoption of a resolution proclaiming the month of May 2014 as "Community Action Agency Month" in St. Lucie County, Florida. V. PRESENTATIONS Economic Development Presentation VI. GENERAL PUBLIC COMMENT VII. CONSENT AGENDA A. WARRANTS Warrant List Numbers 27, 28 & 29 B. ADMINISTRATION There are no items scheduled. l:��1�1�1 � 1 i'�_t t l t�1.1► l�'1 1. Bear Point Mitigation Bank - Credit Purchase Agreement with City of Port St. Lucie Staff recommends that the Board of County Commissioners approve the proposed Bear Point Mitigation Bank Credit Purchase Agreement with the City of Port St. Lucie, and authorize the Chair to sign the agreement. 2. Collective Bargaining Agreement - 2nd Amendment Staff recommends that the Board of County Commissioners approve the proposed Second Amendment to the Collective Bargaining Agreement with Teamsters Local Union 31Page Regular Meeting Tuesday, May 20, 2014 9:00 AM No. 769, and authorize the Chair to sign the Second Amendment, subject to ratification of the Second Amendment by the bargaining unit. 3. Permission to Advertise - Amending Article II "Abandoned Property, Garbage, Trash, Junk and Debris" of Chapter 1-9 "Garbage, Trash and Refuse" Staff recommends that the Board grant permission to advertise the draft ordinance for a public hearing on Tuesday, June 17, 2014 at 9:00 am or as soon thereafter as the item may be heard. 4. Resolution 2014-74 - Adoption of a resolution proclaiming May 25, 2014 as "NATIONAL MISSING CHILDREN'S DAY" in St. Lucie County, Florida. f•I►&111i,111W&I4:ATJLEI*1 1. Engineering Services — D9 Canal Project Board approval of change order number seven and authorization for the Chair to sign documents as approved by the County Attorney. 2. HOME Investment Partnerships Program (HOME) Community Housing Development Organization (CHDO) Agreement Board approval of the agreement between St. Lucie County HOME Consortium and St. Lucie Habitat for Humanity CHDO, Inc. and authorization for the Chair to sign documents as approved by the County Attorney. 3. Neighborhood Stabilization Program (NSP) 1 Subrecipient Agreement Board approval to cancel the Subrecipient Agreement with FPHA and enter into a Subrecipient Agreement with TCHSC for the management of the rental properties acquired through the NSP Program and for the Chair to sign documents as approved by the County Attorney. E. COURT ADMINISTRATION There are no items scheduled. I:Tel MITI I[ LJ<LINz4*1 111:1"I There are no items scheduled. G. HUMAN RESOURCES There are no items scheduled. H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES Grant Acceptance - Artificial Reef Construction (FWC413131) Board acceptance of a $59,000 grant from the Florida Fish & Wildlife Conservation 4 1 P a g e Regular Meeting Tuesday, May 20, 2014 9:00 AM Commission (Agreement #13131) for the construction of an 1,500 ton artificial reef and approval for the Chair to sign the agreement as approved by the County Attorney. OFFICE OF MANAGEMENT & BUDGET Request for Qualifications (RFQ) No. 14-006 False Alarm Billing and Tracking Services Board approval of the highest ranked firm for False Alarm Billing and Tracking Services and permission to: 1. Conduct contract negotiations with the with highest ranked firm; 2. If negotiations are successful, award contract to the successful firm and authorization for the Chair to sign the documents as prepared by the County Attorney; 3. If staff is unable to negotiate a satisfactory contract with the highest ranked proposer, negotiations with that firm shall be terminated and staff shall attempt to negotiate a contract with the second ranked firm. If these negotiations are not successful, staff will re -advertise RFQ. J. PARKS, RECREATION, & FACILITIES 1. Back -Up Generator Rock Road Jail Board approval to award Bid No. 14-012, to purchase a natural gas backup generator for the St. Lucie County Jail, to All Florida Contracting Services, the lowest responsive and responsible bidder, in the amount of $272,000, and authorization for the Chair to sign documents as approved by the County Attorney. 2. Wavier Fee 2014 Chili Cookoff Board approval to waive $9,650 in facility rental fees for the Fenn Center and $400 in facility open space rental fees for the St. Lucie County Skate Park. 3. Waiver of Facility Rental and Admission Fees for the 2014 Indian River Lagoon Science Festival Board approval to waive the facility rental fee of $450 for the Smithsonian Marine Station for the Indian River Lagoon Science Festival and approval to waive admission fees during the festival and accept a fee of $400 from the Smithsonian Marine Station and $250 from the Regional History Center as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. 4. Resolution 2014-75 - Budget Resolution for WPSL Christmas Kids of St. Lucie County - Donation for Aquatics Program Board approval of Budget Resolution to accept WPSL Christmas Kids of St. Lucie County donation in the amount of $5,100 to be utilized to provide American Red Cross Water Safety Lessons at the St. Lucie County Lincoln Park Pool and authorization for the Chair to sign documents as approved by the County Attorney. 5 1 P a g e Regular Meeting Tuesday, May 20, 2014 9:00 AM 5. Resolution 2014-76 - Budget Resolution for St. Lucie County Historical Society Donation for Facility Improvements at the Regional History Center. Board approval of Budget Resolution to accept St. Lucie County Historical Society Donation in the amount of $4,000 to be utilized to make improvements to exhibits at the Regional History Center, as outlined in the agenda memorandum, and authorization for the Chair to sign documents as approved by the County Attorney. K. PLANNING AND DEVELOPMENT SERVICES There are no items scheduled. L. PUBLIC SAFETY & COMMUNICATIONS There are no items scheduled. M. PUBLIC WORKS Resolution 2014-77 - Midway Road Widening Highway Maintenance Memorandum of Agreement with FDOT Board approval of the Highway Maintenance Memorandum of Agreement with FDOT and Resolution. Authorization for the Chair to sign documents as approved by the County Attorney. N. SHERIFF'S OFFICE There are no items scheduled. O. SOLID WASTE Equipment Purchase - Articulated Dump Truck (Solid Waste) Board approval of Equipment Request EQ14-122 authorizing purchase of used 2003 Volvo Articulated Dump Truck from Road & Bridge for a cost of $70,000. P. SUPERVISOR OF ELECTIONS There are no items scheduled. Q. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. .�Ijifigk#L*i 6 1 P a g e Regular Meeting Tuesday, May 20, 2014 9:00 AM There are no items scheduled. VIII. PUBLIC HEARINGS There are no items scheduled. IX. REGULAR AGENDA 1. Agreement with Wynne Building Corporation - Single Stream Recycling Staff recommends that the Board approve the Agreement and authorize the Chair to sign the Agreement. 2. Second Amendment to Exclusive Residential Collection Service Agmt - Waste Pro of Florida, Inc. Staff recommends that the Board approve the Second Amendment and authorize the Chair to sign the Second Amendment. X. ANNOUNCEMENTS 1. County offices will be closed on Monday, May 26, 2014 in observance of Memorial Day. 2. The Board of County Commissioners will hold an Informal Meeting on June 10, 2014 at 9:00 a.m. in Conference Room #3. XI. MOTION TO ADJOURN 71Page 4.1 S■TkaL■(di 1 E COUNTY F L O R r D A BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA Regular Meeting May 6, 2014 Convened: 6:00 PM Adjourned: 8:31 PM I. CALL TO ORDER The meeting was called to order at 6:00 PM by District No. 4 Chair Frannie Hutchinson Attendee Name Title Status Arrived District No. 4 Chair Present 6:00 PM District No. 3 Vice -Chair Present 6:00 PM District No. 1 Present 6:00 PM District No. 2 Present 6:00 PM Frannie Hutchinson Paula A. Lewis Chris Dzadovsky Tod Mowery Kim Johnson District No. 5 Present 6:00 PM Faye W. Outlaw County Administrator Present 6:00 PM Bob Bentkofsky Deputy County Administrator Present 6:00 PM Daniel S. McIntyre County Attorney Present 6:00 PM Heather Young 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 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 Tara Raymore Director of Human Resources Present 6:00 PM Karen L. Smith Environmental Resources Department Director Present 6:00 PM Ron Roberts Contracts & Program Manager Present 6:00 PM Kelly Phelan Executive Assistant to the County Administrator Present 6:00 PM Sue Korunow Recording Secretary Present 6:00 PM J Q O a. V) z O a J c� O W a c z a w F- I z Generated 511212014 3:00 PM Packet Pg. 8 4.1 Regular Meeting Tuesday, May 6, 2014 6:00 PM II. INVOCATION III. PLEDGE OF ALLEGIANCE I111►Lei 11X.1VeV117a 109101W_10 /_T4Ius] ►[.�_1aa106►%II RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson 1. Board of County Commissioners - BOCC Special Meeting - Apr 8, 2014 9:00 AM 2. Board of County Commissioners - BOCC Special Meeting - Apr 10, 2014 10:00 AM 3. Board of County Commissioners - Regular Meeting - Apr 15, 2014 9:00 AM 4. Board of County Commissioners - BOCC Special Meeting - Apr 23, 2014 11:30 AM 5. Resolution 2014-60 - A resolution designating May 18-24, 2014 as "Water Reuse Week" Kathy LaMartina accepted the Resolution on behalf of South Florida Water Management District and thanked the County for bringing awareness to the water reuse program and looks forward to future partnerships with the County in water reuse programs, conservation programs and restoration programs. 6. Resolution 2014-62 - Adoption of a resolution designating the week of May 17-24, 2014 as "National Safe Boating Week" in St. Lucie County, Florida. Commissioner Hutchinson invited all members in attendance up to the podium to accept the Resolution. Those appointed to speak were Tom Butler, Commander; Mary Taylor, Vice Commander of Flotilla 58 and David Lairson, Public Affairs Staff Officer. Commander Butler thanked the Board for the Proclamation and provided some additional information regarding the auxiliary and safety measures to help save lives, while boating. He noted the Flotilla was a volunteer organization with about 35,000 members in the United States and their primary goal is to spread the word about boating safety and they are America's volunteer life-savers. He provided additional information on the boating safety classes which take place the third Saturday of every month at their Flotilla building on Seaway Drive noting it's an easy building to recognize now that they have a really bright fire engine red roof. They also do vessel exams free of charge. You can go online to Coast Guard auxiliary and put in your ZIP Code and in will give you the closest flotilla and I'll help you find access to these services. J Q O a a Q z O F_ Q Q J U O W a 0 z Q w F_ n z 2 1 P a g e Packet Pg. 9 Regular Meeting Tuesday, May 6, 2014 6:00 PM 4.1 7. Resolution 2014-63 - Adoption of a resolution proclaiming May 3-11, 2014 as "Travel and Tourism Week" in St. Lucie County, Florida. Ed Matthews, Parks, Recreation & Facilities Director accepted the Resolution on behalf of the Tourism and Development Council (TDC) along with Commissioner Dzadovsky. Mr. Matthews talked about Tourism in Florida providing statistical information on the increase from last year and listed many of the attractions St. Lucie County has to offer those who visit noting Tourism is Florida's number one industry. He thanked the Board on behalf of the Tourism Development Council, Commissioner Dzadovsky and Charlotte Lombard for all of their efforts in making St. Lucie County such an attractive tourist destination. 8. Resolution 2014-64 - Adoption of a resolution proclaiming May 5-12, 2014 as "Scouting - A New Way of Life Week" and Wednesday, May 7, 2014 as "Boy Scout Volunteer Appreciation Day" in St. Lucie County, Florida. Boy Scout Troop 772, Representative Larry Lee's and Scout Master Rusty Hines accepted the Resolution from Commissioner Hutchinson. Representative Lee thanked the Board for the Resolution and then thanked Scott Van Duzer for stepping forward and forming the scout troop in northwest Fort Pierce. This year they were honored to have the Boy Scouts on the floor of the Florida Legislature meeting the House in the Pledge of Allegiance and when they walked off the floor. Everyone gave them a standing ovation and were giving them high -fives. He stated that they represented St. Lucie County well and he thanked them and think Scott for having the vision and the dream of forming troop. Rusty Hines thanked the County for being so cooperative with all the troop activities. He and the troop thanked Mr. Van Duzer for forming the troop. Commissioner Johnson then showed the rest of the Board the shirt he was wearing which Mr. Van Duzer designed for him. 9. Resolution 2014-66 - Adoption of a resolution proclaiming May 8, 2014 as the "100th Anniversary of the Cooperative Extension Service". St. Lucie County Extension Advisory Council Member Stuart McGahee accepted the Resolution from Commissioner Hutchinson. Mr. McGahee provided the Board with his background information regarding his work with the County and Extension Service then listed the different tours and programs the Extension has scheduled. He invited the public to participate in as many of the events as possible. J Q O o: a a Q Cn z O Q Q J U O o: a 0 z Q Cn w E- D z 3 1 P a g e Packet Pg. 10 4.1 Regular Meeting Tuesday, May 6, 2014 6:00 PM 10. Resolution 2014-67 - Adoption of a resolution proclaiming May 8, 2014 as "a Celebration of the 100th Anniversary of the Cora Stickney Harper Chapter, National Society Daughters of the American Revolution". On behalf of the Cora Stickney Harp, Daughters of the American Revolution, Members Karen Evans, Lois Donohue - Vice Regent, Karon Drew, Second Vice Regent thanked the Board and accepted the Resolution from Commissioner Hutchinson. J Q V. PRESENTATIONS 00 a a FCCMA Presentation to the County Administrator Florida City and County Management Association (FCCMA) Deputy City Manager George Brown, z Deputy City Manager of the City of Boca Raton and the District 4 Director for the FCCMA, the professional association for City and County managers administrators in the State of Florida J introduced himself to the Board. He then presented a Resolution to the County Administrator U from the FCCMA and read it into the record as follows: a 0 A Resolution honoring Faye W. Outlaw for her service to the Florida City and County Q Management Association (FCCMA), while serving as County Administrator for St. Lucie County. w WHEREAS, Associations rely upon the service of their members to accomplish most of their z work, and when an Association has an enthusiastic volunteer it is a celebratory occasion and; s Whereas, Faye Outlaw has actively participated in the FCCMA, has taken a leadership role as well and this service includes serving on its' committees, chairing committees, and serving on the Board of Directors from 2012 - 2014, and; Whereas, Ms. Outlaw is especially commended for her dedication to the Professional Development Committee and it's subcommittees whom she led for several years as they developed effective training options for members, to ensure the highest levels of professional development were provided and; Whereas, the Association is confident Ms. Outlaw will remain an active member in the future and that she has the admiration and congratulations of the Membership following her years of service to the citizens, the elected officials and the employees of St. Lucie County. NOW, THEREFORE, BE IT RESOLVED: 1. That Ms. Outlaw is wished the very best as she begins a new chapter in her life and it is hoped that her many colleagues within the profession will continue to benefit from her wise counsel and experience for years to come. 2. That Ms. Outlaw's family is also to be commended for generously sharing her with the profession, The Association and St. Lucie County; 4 1 P a g E Packet Pg. 11 4.1 Regular Meeting Tuesday, May 6, 2014 6:00 PM 3. That Ms. Outlaw is hereby presented this Resolution with the most sincere appreciation, highest regard. Signed and Sealed by: Russ Blackburn, FCCMA President County Administrator thanked Mr. Brown and the FCCMA for the Award and spoke on the honor of serving in the public office. She thanked the community for it's support during the past 5 years as well as the current and past Boards who have served during her tenure. She then stated, "while this is the pinnacle of my career the appointment of County Administrator made a dream come true for a little girl who, at 13 decided she wanted to run somebody's City. You gave me the opportunity to do "one leg up" and run somebody's County and I simply want to say thank you." VI. GENERAL PUBLIC COMMENT Bill Patterson, Chairman of the Republican Party of St. Lucie County and resident of Port St. Lucie - He stated last month he had given each of the Commissioners a resolution from Indian River County against All Aboard Florida and was curious as to why the resolution or a resolution of its nature was not on tonight's agenda for discussion. He commented that the developers of All Aboard Florida want to borrow $1.6 billion in federal dollars to support the project and asked who the Commissioners thought would pick up the tab when it goes south? He stated the impact the project would have on this community and the community south of us would be devastating on vessel traffic, emergency vehicles and slow down the entire east coast of Florida to crawl. The required quiet zones would be another burden to our taxpayers here. He asked each of the Commissioners to share with the public how they felt about All Aboard Florida since they had not chosen to put the resolution or resolutions similar to it on tonight's agenda. Ingrid Van Hekan, 304 Anchor Way, Riverwoods - Came here to say a few words about All Aboard Florida - She wanted to thank the Board for informing the public about the project when others were pushing for more money to support the project. She stated that she lives very close to the railroad tracks, so any expansion in the railroad tracks would destroy half of St. Lucie Village, including her own home. She stated that St. Lucie Village was established 30 years prior to Flagler and the Board's help is needed to stop the project from happening. She would like to see someone in the County take a leadership role against All Aboard Florida because the negative impact on the whole Treasure Coast is tremendous. She stated All Aboard Florida is an intrastate business not interstate and the Federal Board that permits and regulates all interstate surface transportation agree they have no jurisdiction over the project. The noise issue has been put in the forefront and the state has set aside dollars to help us mitigate this issue. She asked the questions if anybody realized what sound a diesel engine pulling thousands of tons of steel at speeds of 90 to 110 mph will make? The destruction of the economy along the planned route will be in the billions. If a local business wanted to expand and the expansion created this kind of negative impact on surrounding businesses would you allow it? She wrapped up her statements by asking the Board to rescind any support they had previously given All Aboard Florida, the same as Indian River County. 2 5 1 P a g e IPacket Pg. 12 4.1 Regular Meeting Tuesday, May 6, 2014 6:00 PM Phyllis Fray, 275 Date Palm Rd, Vero Beach, FL - Stated she came to provide the Board with an update concerning the activity along the Treasure and Space Coast regarding All Aboard Florida. She stated that the following entities have passed resolutions. City of Vero Beach Indian River County, Sebastian, The Town of Meeco, Indian River Shores, Barefoot Bay, Little Hollywood, Snug Harbor Lakes and Village, North Beach Civic Organization - covering all properties from Route 60 N. to Wabasso, Tequesta, Mariner Sands Country Club, and resolution drafts from Brevard and Martin County. They have over 11,000 signatures on the petition in opposition to All Aboard Florida. There were 350 attendees at the recent North Beach Homeowners Association in opposition and 4 who spoke out for All Aboard Florida. Homeowners, business owners, environmentalists, and members of the marine industry are uniting. Over 300 people attended this week's "Not All Aboard Florida" Rally. The Martin County Property Appraiser provided data showing that 1300 private properties in Martin County will be negatively affected by All Aboard Florida. Homes located within 400 feet of the tracks will lose 20% in value. Property owners and HOA throughout Martin, Indian River County, Brevard and St. Lucie County are tallying the devaluation of their homes, as are the businesses and more resolutions are on their way. She stated that 6000 vessels passed between the bridges this last month, as documented and the marine industry has begun documenting their losses as well. In Indian River County they share St. Lucie County's frustrations, stating that we are going to have 21,800 per day challenged at three crossings. The safety numbers are not good. There were 21 fatalities in Florida, representing 79% in Florida of all train accidents and 366% is the increase of the death rate that's going to be commensurate with the increase in the train passages. All Aboard Florida places profits above lives by refusing to pay for crossing safety upgrades. You will be paying for those shown in the engineering report. Debt, sky rocketing taxes, plummeting property values, damage to local business, trade and commerce and destruction of the quality of life - we don't feel we should have to sacrifice these for our dear, small towns for All Aboard Florida and pay for it out of our own pockets as well. She then asked if the Board would consider passing a resolution against All Aboard Florida and joining those that are against it. John Malina, a resident of Fort Pierce - spoke on various items he thinks of. He talked about jet engines being efficient carbon dioxide generators and how they depend on producing enormous amounts of carbon dioxide to push aircrafts forward. He stated one of the first steps that should be taken to improve solid waste management would be to start an ongoing program to encourage residents and visitors to participate willingly. He stated it should include everyone from adults to children and innovation should be part of the activities. He noted that more than 10 years ago, he had painted two wooden blocks was Styrofoam dissolved in acetone and red pigment and the coating had proven to be tough, durable and long lasting. He stated if an entrepreneur steps forward to commercialize ideas the Board should work with them. Larry Thomas, Promoter, St. Lucie Mud Jam - Mr. Thomas opened his comment by apologizing to everyone he caused stress to during the last Mud Jam events, including the County and local residents and noted he was here to ask for permission to hold one last event in June. He stated he had been able to get over 90% of the signatures he was asked to acquire and he has a plan for having a very low impact event on Carlton Road. His plan included placing a deputy at his own expense in front of the residences who have had a problem with the noise on Carlton Road, he stated he will also lower the curfew time to midnight and enforce it with his security with help from the Sheriff's Department and lastly he plans to limit the number in attendance. 6 1 P a g E IPacket Pg. 13 4.1 Regular Meeting Tuesday, May 6, 2014 6:00 PM He noted unfortunately, time is not on his side and that his planned event date is June 20 through the 22nd and if he does not start planning this week he will lose the window of opportunity for having this event. He commented that he had no idea what would happen tonight but if it is brought up to be pulled for discussion, he was asking the Board if they could have that discussion this evening, that way he would know whether or not to start preparing for the event. He then thanked the Board for their consideration. Doug Coward, 23 year St. Lucie County resident, form SLC Commissioner - Mr. Coward wanted to let the County Administrator know how much he has appreciated her work and commended her on how well she has navigated her way through what he would describe as both natural and manmade disasters. He noted that her first hire date was the same day as when the first of three hurricanes were making landfall in St. Lucie County, stating that was her arrival and initiation to St. Lucie County. She was relegated to working on hurricane recovery with other staff and specifically charged with trying to figure out the Federal Emergency Management process and did an amazing job. He noted County staff was so proficient in their duties that not only did the County recover quickly from those storms, but we also ended up winning a national award for the Emergency Management Team and our efforts here in St. Lucie County. He went on to comment that not long after that time Hurricane Katrina struck New Orleans and devastated the city and many of the parishes, particularly to the South. He stated they were honored to actually have received calls from local governments in the southern areas of New Orleans asking for assistance. They had heard from the Miami Herald that St. Lucie County was the most well organized County in Florida that had recovered from the hurricanes and it had recommended that those local governments reach out to the team and have them go to New Orleans and to help. He stated that he had the pleasure of going with the County Administrator and the Assistant County Administrator and had watched as they gave a presentation, basically a cookbook, on how to navigate through the FEMA process and quickly recover and achieve the FEMA dollars. He stated he didn't know if he had ever been more proud to be a St. Lucie County Commissioner than he was on that day. Next he talked about how the County moved from natural disasters to man-made disasters as the economic recession and the housing market collapse moved in and how he again had the pleasure of working with the County administrator, St. Lucie County Commission and staff to put together a local economic recovery package. He stated he was proud of the fact that the county was able to put together about $40 million local public works projects and about 80 or 85% of the workers came from St. Lucie County. That initiative created more local jobs, than the national economic stimulus plan and led to the County Administrator's selection as the 2011 County Leader of the Year for the International City, County Management Association, noting it was quite a high honor. He again thanked the County Administrator for her years of service. VII. CONSENTAGENDA Commissioner Hutchinson announced Item K.2. had been pulled from the Consent Agenda and moved to the Regular Agenda for discussion. Commissioner Dzadovsky brought up item VII C.4. - MV Contract transportation, Inc. He stated he wanted to raise the numerous complaints about company to the Board's and staffs attention he has received, and would like to put the company on notice. He would like to have staff send them a letter giving them a chance to change their way of doing business and if they don't comply he would then like to revoke their certification. J Q O a a Q z O F_ Q Q J U O W (L 0 z a U) w F_ I z 7 1 P a g Packet Pg. 14 Regular Meeting Tuesday, May 6, 2014 6:00 PM 4.1 County Attorney advised Chair these are Medicaid approved contractors, and noted the best action would be to go ahead and approve them, but afterwards follow-up at the Commissioners' request, with an investigation of those complaints and we will follow through with the vendor and make sure they are addressed. At this time the Assistant County Attorney came forward to provide further information. She noted that MV is the contracted Medicare provider with the State so there could be a concern about revoking their license at this time stating it would cause a disruption in service. She referenced a procedure in the ordinance for complaints to be investigated by the Public Safety Director and stated they would get with his assistant tomorrow to get the information and follow-up with MV. If the problems are not rectified, the Emergency Services Advisory Council will review it make recommendations to this Board, which can then schedule a public hearing to consider the revocation of the CON. She noted the program that provides transportation in this County under Medicaid will be going away on August 1st, when the revisions to the Medicaid program take place, so MV will have a limited presence here after that time. In the meantime she stated, they do want to ensure MV is providing service to those clients they need to. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Paula A. Lewis, District No. 3 Vice -Chair AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson :1:7eli!11M Warrant List Numbers 27, 28 & 29 B. ADMINISTRATION Recommendation of Reappointment of Dr. Mittleman to the Medical Examiners Commission C. COUNTY ATTORNEY J Q O o: a a Q Cn z O Q a J U O W a 0 z Q w E- D z 8 1 P a g e Packet Pg. 15 4.1 Regular Meeting Tuesday, May 6, 2014 6:00 PM 1. Request Permission to Advertise - Notice of Public Hearing - Bonita Isle Unit No. 1 - Abandonment of Marlin Avenue and Bonita Isle Drive 2. After the Fact Revocable License Agreement - Ronald and Patricia Massey - 8548 Gallberry Circle - Savanna Club Plat No. Three 3. State Aid to Libraries Grant Agreement - Amendment No. 1 J Q 4. Certificate of Public Convenience and Necessity (CON) Renewals 00 o: a 5. South County Regional Stadium Hayek Construction Corp. C.E. Hood Construction a Q Cn 6. Resolution 2014-61 - Proclaiming May 4-10, 2014 as "North American Occupational p Safety and Health Week" and Wednesday, May 7, 2014 as "Occupational Safety and Q Health Professional Day" in St. Lucie County Florida a J U 7. Resolution 2014-65 - Adoption of a resolution proclaiming the month of May, 2014 as 0 "Civility Month" in St. Lucie County, Florida. a 0 z 8. Assignment of Agreement of Sale with Bancshares Realty, LLC - Right -of -Way for Port Q Cn Entrance Road - Parcel ID No. 2403-705-0019-000-3 (portion of)LU z D. COMMUNITY SERVICES 15 There are no items scheduled. �eLeIil.4WilliL I1►11.11 ;TA 044 0 There are no items scheduled. F. ENVIRONMENTAL RESOURCES There are no items scheduled. I:��ail► LP�:Z���1�I:Z�I�' 1. CareerSource Agreements 2. Corizon HIV meds Jan 2014 3. Corizon HIV meds Feb 2014 H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES Grant Acceptance - Queens Island Preserve II Recreational Trail I. OFFICE OF MANAGEMENT & BUDGET 9 1 P a g e Packet Pg. 16 4.1 Regular Meeting Tuesday, May 6, 2014 6:00 PM 1. Request for Qualifications (RFQ) No. 14-015, Professional Architectural Services - Continuing Contract 2. Request for Qualifications (RFQ) No 14-014, Professional Architectural Services for the Supervisor of Elections Building 3. RFQ No. 14-019 Professional Consultant Services for Upgrade of the Jail Security System J Q J. PARKS, RECREATION, & FACILITIES 0 O o: 1. Award of Bid #14-025 - Construction of Three Irrigation Wells at The John B. Parks a Q Sports Complex - Baseball Fields Expansion Project z O 2. Bid No. 14-017 Waterproofing of County Buildings Q Q K. PLANNING AND DEVELOPMENT SERVICES v O 1. Building Official Salary a 0 2. Item Pulled from Consent-2083:Mud Jam Conditional Use Revocation Public Hearing z Q w L. PUBLIC SAFETY & COMMUNICATIONS D z There are no items scheduled. ►& all 34[elViT11197:71141 FL&L Contract Cancellation N. SHERIFF'S OFFICE There are no items scheduled. :To] 2 4 4:141 Eel ► F1 1. Federal Election Activities Regarding Matching Funds for budget year 2013 - 2014 2. Resolution 2014-68 - Board approval of Budget Resolution In the amount of $29,419.71 to amend the budget for the Federal Election Activity Agreement for FY 2013 - 2014. P. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. Q. UTILITIES 10 1 Packet Pg. 17 4.1 Regular Meeting Tuesday, May 6, 2014 6:00 PM There are no items scheduled. VIII. PUBLIC HEARINGS Commissioner Hutchinson took a few moments to address some of the comments regarding All Aboard Florida. She stated she wants the public to be aware Members of the Board have been gathering all the information, not just from public input, but also from meetings in Washington, USDOT and their Rail Specialty Dept. And the EIS study, which All Aboard Florida has been required to do. She noted they talked in depth and 0 brought forward all of the counties concerns they had to date to these meetings. She stated she knows staff a- has been actively working in keeping a very long list of concerns which is extremely detailed and how All Q Aboard Florida will affect the County as a whole; from railroad crossings to the right of way; emergency issues o to evacuation routes. She also noted that through the Transportation Planing Organization (TPO) they took a step thru Florida District DOT and put together a three County tour with our State Representatives to come and actually see firsthand the crossing from Martin County, St. Lucie and Indian River County, about a month ago. It was well received and extremely eye-opening by our State Representatives and/or their staff. p o: a She provided the information tonight because she didn't want it to be thought that St. Lucie County Z Commission is not being proactive. She stated they are trying to get the facts, make sure they are completely Q Cn straight, make sure each issue is extremely detailed and addressed before they put that letter of non-support Lu or support together. She then asked the County Attorney to confirm whether or not the Board had ever voted Z on any letter of support which they would need to rescind. He stated they had not, they had only requested information on the Quiet Zones. IS The Board reiterated they have been to Washington, they have been to Tallahassee and they have not in any way supported it so as the Chair as stated, there is no need to rescind any support for the project. A. COUNTY ATTORNEY Code Enforcement Case No. 78810 - 250 Rouse Road, Fort Pierce, FL - Unsightly and Unsanitary Conditions causing serious threat to public safety. Pulled -Item Abated. RESULT: WITHDRAWN B. PLANNING & DEVELOPMENT SERVICES Ordinance 2014-17 - Future Land Use Map Amendment - Ritchey from CPUB (Conservation Public) to RU (Residential Urban - 5 du/acre) - Quasi Judicial County Planner provided presentation on a county -initiated petition to change the Future Land Use designation of a privately owned five acre parcel from CPUB (Conservation Public) to RU (Residential Urban - 5 du/acre) to correct a 2004 scrivener's error. The petition proposes to revert the Future Land Use designation back to the 2004 RU designation. 11 1 Packet Pg. 18 Regular Meeting Tuesday, May 6, 2014 6:00 PM 4.1 Staff recommended Board adopt the amended Ordinance for a small-scale Future Land Use Map Amendment to Residential Urban (RU). RESULT: ADOPTED [4 TO 01 MOVER: Kim Johnson, District No. 5 SECONDER: Paula A. Lewis, District No. 3 Vice -Chair AYES: Paula A. Lewis, Chris Dzadovsky, Tod Mowery, Kim Johnson RECUSED: Frannie Hutchinson IX. REGULAR AGENDA A. COUNTY ATTORNEY State Veterans' Nursing Home Site Selection Donation Agreement with Tradition Land Company, LLC County Attorney provided background information on the State Veteran's Nursing Home Site Selection Donation Agreement with Tradition Land Company, LLC. He noted all parties involved moved at "lightening speed" to help meet the project deadlines. The land for the proposed State Veteran's Nursing Home Site has been donated by Tradition Land Company, LLC and has an assessed value of between $4-5 Million. He stated the Federal Government has approved funding for 4 nursing homes. $11 Million has been allocated for 1 in Florida's State budget. To date they have incurred $45,000 in expenses to meet the applications due diligence requirements and noted the Commissioners had received a copy of a memo with the infrastructure costs. At this time he read several thank you notes and a list of major supporters for the project including local Legislators and community activists. Sr. Grants Writer provided additional information on the details of the project as well as County Administrator taking a moment to make sure the County Attorney was recognized for his efforts on the project, wanting to make sure he was not overlooked. Commissioner Dzadovsky asked if staff could post a contact person and number where the community could call to show their support for the project and perhaps help with the decision on the State's site selection on the County's website and make it available at the switchboard. The Sr. Grants Writer provided his telephone number and stated a good contact person to call to show support would be the State Department's Veteran's Affairs office as well as the Governor and the Cabinet. Commissioner Dzadovsky also offered his staff's number to assist with providing the contact information to the public. Commissioner Mowery gave kudos to Commissioner Hutchinson for her work on the project and Commissioner Johnson asked staff what the number of jobs positively impacted would be if we were picked for the nursing home site. Staff stated once completed, 190 jobs would be provided along with 120 beds for the county's most J Q O a a a Z O H Q a J U O W IL 0 Z a w F_ D Z 2 12 1 Packet Pg. 19 Regular Meeting Tuesday, May 6, 2014 6:00 PM 4.1 critically ill veterans. He noted a similar nursing home in St. John's County has a 99% occupancy rate. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Tod Mowery, District No. 2 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson B. PLANNING & DEVELOPMENT SERVICES Resolution 2014-69 - Granting a waiver from the St. Lucie County Comprehensive Plan Policy 6.1.14.2 and 6.1.14.5 and major site plan approval for the project to be known as Tarpon Flats for certain property in St. Lucie County, Florida. Sr. Planner provided a presentation on the proposed Tarpon Flats project. The proposed project provides for the replatting of an existing 29 lot subdivision to provide a 38-lot subdivision on North Hutchinson Island. The 14+ acre subdivision would provide two common area tracts and two beach access easements on the east side of SR A-1-A. Staff recommended the Board Grant the Wetland Waiver. RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Item K.2. - This Item Was Pulled from Consent Agenda for Discussion A. Request to Advertise Thomas Recreation and Music Park, LLC., Conditional Use Revocation Public Hearing Planning and Development Services Director provided background information on the Request to Advertise the Revocation of the Conditional Use Permit for the event known as Mud Jam. He stated the reason it was put on the agenda for a hearing was for the severity and number of violations of the conditional use permit at the last event. He outlined the process that would be followed should they choose to approve the request. Discussion regarding whether or not the Mud Jam could move forward for one last event or a public hearing should be held and further discussion regarding the violations needed to be heard and voted on continued with staff and Commissioners providing feedback. Commissioner Dzadovsky felt strongly against voting at this meeting as none of the property owners were able to voice their opinions if the Board chose to render a vote on allowing the event to move forward. Mr. Thomas was asked to come forward and answer some questions from the Board after County Attorney clarified that Board was asking questions of Mr. Thomas, he would not be making public comments on his own. J Q O o: a a Q z O F- Q a J U O W a 0 z Q w E- D z 13 1 Packet Pg. 20 Regular Meeting 4.1 Tuesday, May 6, 2014 6:00 PM After discussion the Board heard the following changes to the terms to the CUP: Mr. Thomas agreed to the following: -12:OOAM Curfew enforced by his security, backed up by the Sheriffs Department -Reduction in Amount in Attendance to 6,000 (Staff wanted 4,000) -Placement of Deputy on Carlton Road in front of homes where most disturbance has be previously at his expense -Replacement of 2 Cabbage Palms within 90-days of the event's completion -Wood Fencing as per specifications on the site plan -Receipt of Letter Self -Revoking Permit from Mr. Thomas stating this is last event at this location (received by staff on 5/1/14) -Signatures of approval from residents (already provided to staff) -Provide ERD copy of the approved restoration plan for Wetland 5 -$2,500 Security Deposit 10-Days Prior to the Event in the event that none of the conditions are met Motion was made to allow the Event to move forward in June with the conditions as stated as modified and the Board accepts the applicants Self -Revocation effective July 1, 2014. The Secretary called the role with the results as follows: Commissioners Johnson, Lewis, Mowery and Hutchinson voted in favor of approval; Commissioner Dzadovsky voted against approval. RESULT: ADOPTED AS AMENDED [4 TO 11 MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Frannie Hutchinson, Paula A. Lewis, Tod Mowery, Kim Johnson NAYS: Chris Dzadovsky APPROVAL OF RESOLUTION Motion to: APPROVE RESOLUTION COMMENDING FAYE W. OUTLAW FOR OVER NINE YEARS OF OUTSTANDING SERVICE AS COUNTY ADMINISTRATOR AND ASSISTANT COUNTY ADMINISTRATOR FOR ST. LUCIE COUNTY, FLORIDA Commissioner Hutchinson presented County Administrator with a Resolution and framed magazine cover with her photo on it and Ms. Outlaw expressed her appreciation to the Board. Each of the Commissioners provided their personal comments and well wishes to the outgoing County Administrator while thanking her for her years of dedicated service to her community. J Q O o: a a Q Cn z O F_ Q Q J U O W IL 0 z Q U) w F_ I z 14 1 Packet Pg. 21 4.1 Regular Meeting Tuesday, May 6, 2014 6:00 PM RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Paula A. Lewis, District No. 3 Vice -Chair AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson X. ANNOUNCEMENTS J Q 1. The Board of County Commissioners will hold an Informal Meeting on May 13, 2014 at 9:00 � a.m. in Conference Room #3. a- Q 2. The Master Gardener Spring into Gardening Festival and Plant Sale will be held on Saturday, Cn z May 10th from 8:00 a.m. to 2:00 p.m. at the Extension office, 8400 Picos Road, Fort Pierce. Call Q 772-462-1660 or http://stlucie.ifas.ufl.edu for additional information. a J XI. MOTION TO ADJOURN U a 0 z There being no further business to be brought before the Board, the meeting was adjourned. Q w Please Note: Final minutes are recorded in the official minute books that are filed with the Clerk of the D z Circuit Court and available for inspection upon request. 2 15 1 Packet Pg. 22 4.2 ITEM NO. RES-2014-72 TO: DATE: 05/20/2014 AGENDA REQUEST *MINUTES & PROCLAMATIONS APPROVAL Board of County Commissioners Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: Resolution 2014-72 - Adoption of a resolution proclaiming the month of May 2014 as "Stroke Awareness Month" in St. Lucie County, Florida. BACKGROUND: It has been requested that this Board proclaim the month of May 2014 as "Stroke Awareness 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. 23 4.2.a RESOLUTION A RESOLUTION PROCLAIMING THE MONTH OF MAY 2014 AS "STROKE AWARENESS MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Stroke is an emergency and a brain attack, cutting off vital blood flow and oxygen to the brain. 2. In the United States, stroke is a leading cause of death, killing over 133,000 people each year, and a leading cause of serious, long-term adult disability. 3. There are an estimated 7,000,000 stroke survivors in the U.S. over age 20. 4. Approximately 795,000 strokes will occur this year, one occurring every 40 seconds, and taking a life approximately every four minutes. 5. Stroke can happen to anyone at any time, regardless of race, sex or age. 6. From 1997 to 2008, the annual stroke death rate fell approximately 35 percent, and the actual number of deaths fell by 19 percent. 7. Approximately 55,000 more women than men have a stroke each year. 8. African Americans have almost twice the risk of first -ever stroke compared with whites. 9. Two million brain cells die every minute during stroke, increasing risk of permanent brain damage, disability or death. Recognizing symptoms and acting FAST to get medical attention can save a life and limit disabilities. 10. The prevalence of transient Ischemic Attacks (TIA — "mini strokes") increases with age. Up to 40 percent of all people who suffer a TIA will go on to experience a stroke. 11. Women are twice as likely to die from stroke than breast cancer annually. 12. The estimated direct and indirect cost of stroke in the United States in 2010 was $73.7 billion. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St Lucie County, Florida: This Board does hereby proclaim the month of May 2014, as "STROKE AWARENESS MONTH" in St. Lucie County, Florida and encourage all residents and visitors in St. Lucie County to find ways to improve personal health and wellness. PASSED AND DULY ADOPTED this 20t" day of May 2014. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 24 4.3 ITEM NO. RES-2014-73 • COUNTY F L 0 R i D A TO: DATE: 05/20/2014 AGENDA REQUEST *MINUTES & PROCLAMATIONS APPROVAL Board of County Commissioners Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: Resolution 2014-73 - Adoption of a resolution proclaiming the month of May 2014 as "Community Action Agency Month" in St. Lucie County, Florida. BACKGROUND: The Treasure Coast Community Action Agency Advisory Board has requested that this Board proclaim the month of May 2014 as "Community Action Agency 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. 25 4.3.a RESOLUTION A RESOLUTION PROCLAIMING THE MONTH OF MAY 2014 AS "COMMUNITY ACTION AGENCY MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Community Action Agencies (CAAs) were first created when the Economic Opportunity Act of 1964 was signed into law as part of President Lyndon Johnson's War on Poverty. 2. For fifty years, CAAs have provided a hand -up to assist low-income residents to set goals and move themselves toward self-sufficiency by identifying options, overcoming barriers to success, and accessing health, education and employment opportunities. 3. There are fifteen private non-profit and thirteen public CAAs in Florida, including the Treasure Coast Community Action Agency which was established in 1997. 4. The US Census reports that St. Lucie County has more than 48,000 residents (17.6%) that live below the poverty threshold. 5. The Treasure Coast Community Action Agency is dedicated to changing lives and combating poverty, embodying a spirt of hope that makes Martin, Okeechobee and St. Lucie Counties a better place to live, work and play. 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 May 2014 as the "COMMUNITY ACTION AGENCY MONTH" in St. Lucie County, Florida. 2. This Board commends those that support others striving to become self-sufficient for their dedication to providing the knowledge and resources to offer a hand -up rather than a handout. PASSED AND DULY ADOPTED this 20t" day of May, 2014. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 26 04/04/14 FZABWARR FUND TITLE 001 001009 001454 001456 001512 001519 001534 001538 001544 001547 001550 001554 001555 001556 001557 001559 001824 101 101001 101002 101003 101004 101006 102 102001 102813 103 107 107001 107002 107003 107006 129 130 130112 130114 140 140001 140139 140361 140373 140377 140378 140380 140382 150 160 183 ST. LUCIE COUNTY - BOARD WARRANT LIST #27- 29-MAR-2014 TO 04-APR-2014 FUND SUMMARY General Fund Gen -One Time Funding FCTD Planning Grant Div of Emer Mgt RCMP Neighborhood Stabilization Program CDBG FY 2008 Disaster Recovery Metropolitan Planning/Section 5303 HUD Neighborhood Stab 3 CDBG Disaster Recov Enhanc Prog 112 MPO FHWA Planning Grant HUD Shelter Plus Care CSBG FY 2014 HUD Shelter Plus Care Grant HUD Shelter Plus Care Chronic Asst Support Svcs for Veterans Families Safe Routes to School Program SJRWMD Lagoon & You Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel 'Tx Transportation Trust/Impact Fees 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-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Parks MSTU Fund SLC Public Transit MSTU FTA 5316 Job Access and reverse com FTA 5307 FY 2013 Airport Fund Port Fund FAA Wildlife Hazard Assessment FDOT - Port of Ft. Pierce Dredging Terminal/Customs Apron Rehab Strategic Bus Plan, Marketing Plan, FDOT Wildlife Hazard Assessment FDOT Install REILS on Runway 28L FDOT Design & Construct Runway Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir EXPENSES 2,980,461.86 9,474.27 226.14 1,177.14 347.75 9.46 104.03 5,576.18 208.56 1,816.55 5.67 202.73 50.05 5.86- 241.79 514.60 55.18- 7,742.95 179.26 58,593.92 29,044.63 244,080.92 11,000.00 20,656.65 125,394.86 1,098.57 11,282.01 3,907,749.42 11,823.08 3,035.98 28,529.42 2,847.93 22,236.87 61 820. 71 72.78 72.78 31,740,84 144.91 6,587.38 9,330.00 140,024.39 36,925.77 731.93 310.99 11,215.08 32.84 224.99 3,700.57 PAGE PAYROLL 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 0.00 0.00 0.00 0.00 0.00 0.00 Packet Pg. 27 04/04/14 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #27- 29-MAR-2014 TO 04-APR-2014 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 183001 Ct Administrator-Arbitration/Mediat 60.00 0.00 183004 Ct Admin.- Teen Court 2,420.34 0.00 184217 S SLC Beach Rest 13SL1 31305.24 0.00 185013 FHFC SHIP 2012/2013 16.08 0.00 185014 FHFC SHIP 2013-2014 13.15 0.00 189106 FY 2011 Home Consortium 18,272.67 0.00 189108 Home Consortium 2012 18,341.75 0.00 189203 Hardest Hit fund Advisor Services 58.94 0.00 190 Sports Complex Fund 75,501.14 0.00 242 Port I&S Fund 805.68 0.00 316 County Capital 49,942.72 0.00 401 Sanitary Landfill Fund 91,685.87 0.00 418 Golf Course Fund 61197.53 0.00 451 S. Hutchinson Utilities Fund 46,529.58 0.00 458 SH Util-Renewal & Replacement Fund 3,243.21 0.00 471 Water & Sewer District Operations 197,182.65 0.00 478 Water & Sewer District R&R 18,480.47 0.00 479 Water & Sewer Dist. -Cap Facilities 157.10 0.00 491 Building Code Fund 3,092.12 0.00 505 Health Insurance Fund 21,183.00 796.80 505001 Risk Management Fund 355.17 0.00 505002 Health Insurance Administration 445.54 0.00 611, Tourist Development Trust-Adv Fund 1,285.85 0.00 625 Law Library 19,298.00 0.00 801 Bank Fund 571058.13 0.00 GRAND TOTAL: 8,368,520.10 796.80 Packet Pg. 28 04/1.1/14 FZABWARR FUND TITLE 001 001009 001454 001456 001512 001519 001534 001538 001544 001547 001550 001554 001555 001556 001557 001559 001824 101 101001 101002 101003 101004 101006. 102 102001 102813 107 107001 107002 107003 107006 115 118 121 129 130 130112 140 140001 140377 140382 150 160 183 183001 183004 183006 185013 ST. LUCIE COUNTY - BOARD WARRANT LIST #28- 05-APR-2014 TO 11--APR--2014 FUND SUMMARY General Fund Gen -One Time Funding FCTD Planning Grant Div of Emer Mgt RCMP Neighborhood Stabilization Program CDBG FY 2008 Disaster Recovery Metropolitan. Planning/Section 5303 HUD Neighborhood Stab 3 CDBG Disaster Recov Enhanc Prog 112 MPO FHWA Planning Grant HUD Shelter Plus Care CSBG FY 2014 HUD Shelter Plus Care Grant HUD Shelter Plus Care Chronic Asst Support Svcs for Veterans Families Safe Routes to School Program SJRWMD Lagoon & You Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU White City Drainage Citrus & Saeger 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 Sheraton Plaza Fund Paradise Park Fund Blakely Subdivision Fund Parks MSTU Fund SLC Public Transit MSTU FTA 5316 Job Access and reverse com Airport Fund Port Fund Strategic Bus Plan, Marketing Plan, FDOT Design & Construct Runway Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator--Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FHFC SHIP 2012/2013 EXPENSES 1, 122, 634. 85 179,601.50 60.75 25.23 105.07 233.46 64.58 18,324.75 55.16 7,077.85 1,807.08 245.60 10,613.85 9,172.96 81.03 98.00 56.57 31,862.31 88.52 31,047.64 4,970.17 5,025.31 889.61 10,988.50 10,347.41 520.36 149,145.63 2,089.30 2,849.57 43.33 11,272.05 630.17 872.85 88.16 12,573.00 390.04 75.20 921.28 100.00 3,025.50 623.15 17.04 838.17 1,035.69 80.00 2,307.25 340.00 6.31 PAGE PAYROLL 478,447.00 0.00 794.65 336.38 401.03 0.00 853.57 2,428.30 379.37 8,521.37 54.60 1,729.62 333.33 340.67 1,086.31 1,282.62 739.50 34,125.85 1,289.60 44,115.45 11,971.01 14,929.55 ...0.00 68,592.39 11,897.88 7,208.65 111,916.31 999.63 38,654.08 0.00 9,191.97 0.00 0.00 0.00 0.00 2,148.06 1,047.20 10, 976.76 0.00 0.00 0.00 236.33 1,600.07 3,334.31 0.00 3,275.73 0.00 84.10 H Z a Q rn N 06 00 N ti N L a> 3 Z J c L L c 0 cc E E 0 V Packet Pg. 29 04/11/14 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST 428- 05-APR-2014 TO 11-APR-2014 FUND SUMMARY FUND TITLE 185014 FHFC SHIP 2013-2014 189108 Home Consortium 2012 189203 Hardest Hit fund Advisor Services 190 Sports Complex Fund 310001 Impact Fees -Library 316 County Capital 401 Sanitary Landfill Fund 418 Golf Course Fund 451 S. Hutchinson Utilities Fund 458 SH Util--Renewal & Replacement Fund 471 Water & Sewer District Operations 478 Water & Sewer District R&R 479 Water & Sewer Dist. -Cap Facilities 491 Building Code Fund 505 Health Insurance Fund 505001 Risk Management Fund 505002 Health Insurance Administration 611 Tourist Development Trust--Adv Fund 625 Law Library 801 Bank Fund GRAND TOTAL: EXPENSES 4.73 31.02 22.68 7,921.39 5,323.08 3,790.00 186,191.72 9,188.61 48,366.73 54.01 105,854.63 101,581,54 82.00 1,890.72 26,950.27 190.41 232.87 2,410.94 9,341.30 232,518.28 2,377,268.74 PAGE 2 PAYROLL 63.:07 427.87 3.14.60 18,693.54 0.00 0.00 50,896.47 16,402.89 4,891.86 743.87 7,603.13 1,201.22 1,112.15 22,263.73 0.00 2,587.21. 3,255.10 1,854.60 0.00 0.00 1,007,634.56 H Z a Q rn N 06 00 N ti N U) L a> E 3 Z w J r C cc L L ++ cc c.i E E �0♦ V Packet Pg. 30 04/17/14 FZABWARR FUND TITLE 001 001009 001454 001455 001534 001538 001544 001547 001553 001554 001555 001559 101 101002 101003 101004 101006 102 102001 102113 102813 107 107001 107005 10,7006 129 1.30 130112 140 140376 150 160 170 183 183001 183004 183006 184217 190 216 310001 39012 401 418 451 471 491 505 ST. LUCIE COUNTY - BOARD WARRANT LIST #29- 13-APR-2014 TO 17-APR-2014 FUND SUMMARY General Fund Gen -One Time Funding FCTD Planning Grant Emergency Mgt Preparedness EMPA 14 Metropolitan Planning/Section 5303 HUD Neighborhood Stab 3 CDBG Disaster Recov Enhanc Prog 112 MPO FHWA Planning Grant EMPG FY 2014 CSBG FY 2014 HUD Shelter Plus Care Grant Safe Routes to School Program Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU DEM Indian River Estates Drainage White City Drainage Citrus & Saeger Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur F&F Fund -Legal Aid F&F Fund -Court Related Technology Parks MSTU Fund SLC Public Transit MSTU FTA 5316 Job Access and reverse com Airport Fund FDOT New Port Ent 2nd street Imp Impact Fee Collections Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund S SLC Beach Rest 13SL1 Sports Complex Fund County Capital I&S Impact Fees -Library S.Hutch Beach&Dune Restoration SAD Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund Water & Sewer District Operations Building Code Fund Health Insurance Fund EXPENSES 149,093.76 7,687.80 38.36 75.53- 18.97 389.84 1,360.00 3,391.13 72.10 3,013.34 126.33 2,459.67 1,673.09 58,206.58 8,058.68 6,631.43 300.00 4,594.51 14,92V.70 220,622.85 54,532.29 189,742.32 589.32 9,157.33 9,337.85 53.00 575.96 357.12 2,180.16 6,375.00 45.00 1,317.00 230.00 3,427.03 360.00 1,282.50 609.96 17,834.55 46, 882 . 5A 1,202.00 1,425.16 18,069.52 1, 165, 656. 80 8,606.78 13,071.06 7,773.26 1,050.79 281,352.35 PAGE PAYROLL 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 0.0.0 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 0.00 796.80. Packet Pg. 31 04/17/14 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #29- 13-APR-2014 TO 17-APR-2014 FUND 'SUMMARY FUND TITLE EXPENSES PAYROLL 505001 Risk Management Fund 5,658.81 0.00 505002 Health Insurance Administration 838.77 0.00 611 Tourist Development Trust-Adv Fund 8,488.11 0.00 801 Bank Fund 16,570.00 0.00 GRAND TOTAL; 2,357,242.95 796.80 H Z a a N 06 00 N ti N N L w E 7 Z A J r C cc L L ++ cc c.i E E �O♦ V Packet Pg. 32 7.C.1 ITEM NO. (ID # 2099) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: CIIRIFrT- BACKGROUND: Heather Young, Asst. County Attorney County Attorney DATE: 05/20/2014 *CONSENT AGENDA\COUNTY ATTORNEY Bear Point Mitigation Bank - Credit Purchase Agreement with City of Port St. Lucie Attached to this agenda item is a proposed Mitigation Bank Credit Purchase Agreement with the City of Port St. Lucie. The agreement provides for the City to pay the remainder of the purchase price for 0.50 Federal/State Dual Credits in the amount of forty-eight thousand seven hundred fifty and 00/100 dollars ($48,750.00). The City has already paid the reservation fee in the amount of sixteen thousand two hundred fifty and 00/100 dollars ($16,250.00) for a total purchase price of sixty-five thousand and 00/100 dollars ($65,000.00). The credits will be used to mitigate the anticipated mangrove impacts that may be caused by the new bridge crossing of the North Fork of the St. Lucie River for the Crosstown Parkway Extension Project. PREVIOUS ACTION: On May 3, 2011, the County and the City entered into a Credit Reservation Agreement for 0.50 Federal/State Dual Credits from the Bear Point Mitigation Bank to mitigate anticipated mangrove impacts for the new bridge crossing of the North Fork of the St. Lucie River for the Crosstown Parkway Extension Project. FINANCIAL IMPACT: The funds from the purchase of the credits will be deposited into Account No. 145-000-369960-000 (Mosquito Control - Non Departmental - Sale of Mitigation Credits) RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed Bear Point Mitigation Bank Credit Purchase Agreement with the City of Port St. Lucie, and authorize the Chair to sign the agreement. COMMISSION ACTION: Packet Pg. 33 7.C.1 Coordination/Signatures anie 5WMclntyre,Cqd'nt, orney 5/9/2014 Updated: 5/9/2014 4:49 PM by Shane A. De Witt Page 2 Packet Pg. 34 7.C.1.a MITIGATION BANK CREDIT PURCHASE AGREEMENT THIS MITIGATION BANK CREDIT PURCHASE AGREEMENT ("Agreement") made and entered into this day of , 2014, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("COUNTY"), whose address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982, and CITY OF PORT ST. LUCIE, a Florida municipal corporation ("CITY") whose address is 121 S.W. Port St. Lucie Boulevard, Port St. Lucie, Florida 34984. WITNESSETH: WHEREAS, COUNTY owns and operates the 317-acre Bear Point Mitigation Bank, ("Bear Point") located in St. Lucie County Mosquito Control District Impoundment 1, south of the Ft. Pierce Inlet, in Sections 12 and 13, Township 35 South, Range 40 East, St. Lucie County; and WHEREAS, the mitigation service area for Bear Point includes a contiguous mangrove -dominated estuarine ecosystem in the Indian River Lagoon and the St. Lucie River Lagoon and the St. Lucie River, from the Brevard/Indian River County line to the St. Lucie Inlet in Martin County; and WHEREAS, CITY is pursuing the construction of a new bridge crossing of the North Fork of the St. Lucie River for the Crosstown Parkway Extension Project ("Project"), which will serve to extend the existing Crosstown Parkway from Manth Lane to U.S. Highway 1; and WHEREAS, the permitting process for the Project requires mitigation of impacts to mangroves within the North St. Lucie River Drainage Basin. This mitigation can be achieved through the purchase of mitigation credits from Bear Point under Section 373.413, Florida Statues; and WHEREAS, CITY and its consultants, together with staff from the permitting agencies, have determined that five tenths (0.50) of a Federal/State Dual Mitigation Credit is the maximum credit needed to mitigate for unavoidable mangrove impacts; and WHEREAS, on May 3, 2011, the parties entered into a Mitigation Bank Credit Reservation Agreement ("Credit Reservation Agreement"), which is attached hereto and incorporated herein as Exhibit "A." The Credit Reservation Agreement provides for the COUNTY'S reservation of five tenths (0.50) of a Federal/State Dual Mitigation Credit ("Reserved Credit") for future purchase by the CITY so that the Reserved Credit is available for use by the CITY in connection with mitigating for anticipated mangrove impacts that may be caused by the construction of the CITY'S Project; and WHEREAS, the CITY desires to move forward with the purchase of the Reserved Credit as the CITY has received from the Federal Highway Administration a Record of Decision approving the Project and the construction of the Build Alternative 1 C; and NOW, THEREFORE, in consideration of the foregoing premises, a prior payment to COUNTY of deposit monies as described in the Credit Reservation Agreement, the mutual promises and covenants of the parties hereto, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, COUNTY and CITY intending to Packet Pg. 35 7.C.1.a legally bind their respective entities and successors and assigns, do hereby agree as follows: 1. Recitations. The foregoing recitations are true and correct and are incorporated herein by reference. 2. Reserved Credit Purchase Price. COUNTY agrees to sell and transfer, and CITY agrees to purchase and accept the Reserved Credit of five tenths (0.50) of Federal/State Dual Credits in connection with the CITY'S need to mitigate the anticipated mangrove impacts that may be caused by the Project. The Purchase Price for the Reserved Credit is a total sum of Sixty-five Thousand and 00/100 Dollars ($65,000.00). The CITY has already paid COUNTY a non-refundable reservation fee ("Reservation Fee") of Sixteen Thousand Two Hundred Fifty and 00/100 Dollars ($16,250.00). As acknowledged in the Credit Reservation Agreement, the Reservation Fee shall be deducted from the total Purchase Price. Therefore, the remaining balance due and owing from the CITY to the COUNTY ("Fee Balance") to complete the sale, purchase and transfer of the Reserved Credit to the CITY is the sum of Forty -Eight Thousand Seven Hundred Fifty and 00/100 Dollars ($48.750.00). Said Fee Balance shall be paid to COUNTY by check, wired funds, or cashier's check, within fifteen (15) days of the Effective Date of this Agreement. The "Effective Date" shall be defined as the date that the last party approves, signs and executes this Agreement. 2. Receipt and Notice of Credit Transfer. Following the execution of this Agreement by the parties and COUNTY'S receipt of the Fee Balance, the COUNTY shall issue a written receipt and any other type of document acceptable to the regulatory agencies evidencing that the CITY has paid the Fee Balance to the COUNTY, and the Reserved Credit has been officially transferred to the CITY. It shall be the responsibility of the CITY to provide the regulatory agencies with a copy of the receipt or other acceptable proof confirming the purchase of the Reserved Credit. 3. Disputes. Any disputes relating to interpretation of the terms of this Agreement or a question of fact arising under this Agreement shall be resolved through good faith efforts upon the part of the CITY and the COUNTY. Prior to initiating any litigation concerning this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue for claims under state law shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, and for any claims which are justifiable in federal court shall be the Southern District of Florida. 4. 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 party giving such notice) hand delivered by messenger or courier service, or by United States Mail with postage prepaid, and shall be directed to the addresses and authorized representatives set out below. FOR CITY: I FOR COUNTY: 2 Packet Pg. 36 7.C.1.a CITY OF PORT ST. LUCIE 121 SW Port St. Lucie Boulevard Port St. Lucie, FL 34984 Attn: City Attorney With a copy to: CITY OF PORT ST. LUCIE 121 S.W. Port St. Lucie Boulevard Port St. Lucie, FL 34984 Attn: City Manager COUNTY ADMINISTRATION ANNEX 2300 Virginia Avenue Fort Pierce, FL 34982 Attn: County Attorney With a copy to: COUNTY ADMINISTRATION ANNEX 2300 Virginia Avenue Fort Pierce, FL 34982 Attn: County Administrator Each such notice shall be deemed delivered (i) on the date delivered if by personal delivery or (ii) on the date mailed, postage prepaid. 5. Entire Agreement and Amendments. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.] 3 Packet Pg. 37 7.C.1.a IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on behalf of their respective entities, and their successors and assigns, on the date first above written. ATTEST: DEPUTY CLERK ATTCCT- BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY CITY OF PORT ST. LUCIE, A F orida unicipal Corporation APPWOVED AS TO FORM AND CORRECTNESS: pQrA j . B ooke►-' 1kr1 111 CITY ATTORNEY S:lattylagreemnt%bear. pt. ps1.crosstown. pu rchase.doc 4 Packet Pg. 38 7.C.2 ITEM NO. (ID # 2076) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: DATE AGENDA REQUEST Board of County Commissioners Heather Young, Asst. County Attorney County Attorney Collective Bargaining Agreement - 2nd Amendment 05/20/2014 *CONSENT AGENDA\COUNTY ATTORNEY Attached to this agenda item is a copy of the proposed Second Amendment to the October 1, 2013 Collective Bargaining Agreement with Teamsters Local Union No. 769. The proposed amendment will amend Article 22 (Holidays) to add Presidents Day to the list of observed holidays and clarify the procedures for payment to employees who are required to work on holidays. In addition, the proposed amendment will also amend Article 32 (Wages) to provide that the members of the bargaining unit will receive an increase of $.65 or 3% in their hourly wages, whichever is greater, effective October 1, 2014. The union will hold its ratification meeting on May 12, 2014. PREVIOUS ACTION: On October 16, 2012, the Board of County Commissioners approved the current Collective Bargaining Agreement with Teamsters Local Union No. 769. On July 16, 2013, the Board approved the First Amendment to the Collective Bargaining Agreement. FINANCIAL IMPACT: The proposed wage increase under the Second Amendment will impact the salary accounts for each of the departments with employees who are members of the bargaining unit. Staff recommends that the Board of County Commissioners approve the proposed Second Amendment to the Collective Bargaining Agreement with Teamsters Local Union No. 769, and authorize the Chair to sign the Second Amendment, subject to ratification of the Second Amendment by the bargaining unit. 14ca ►] "il►�ifi;1-[9P►I_Ts"191 F Packet Pg. 39 7.C.2 Coordination/Signatures anie 5. McIntyre, C my ttorney 5/9/2014 ob entkofsky, Depu y C my Adminiskrato 5 9/2014 Updated: 5/8/2014 9:29 AM by Heather Young Page 2 Packet Pg. 40 7.C.2.a SECOND AMENDMENT TO OCTOBER 1, 2012 COLLECTIVE BARGAINING AGREEMENT THIS SECOND AMENDMENT by and between the BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as the "County", and TEAMSTERS LOCAL UNION NO. 769, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, hereinafter referred to as the "Union". WHEREAS, effective October 1, 2012, the parties entered into a Collective Bargaining Agreement, hereinafter referred to as the "Agreement", for the period October 1, 2012 through and including September 30, 2015; and, WHEREAS, Article 38, Duration of Agreement, provides for the parties to reopen one article each in during February of each year of the Agreement; and, WHEREAS, on October 1, 2013, the parties entered into a First Amendment to the Agreement which amended Article 15, Transfers, Article 23, Wages, and Article 38, Discipline and Discharge; and, m E WHEREAS, the parties desire to further amend the Agreement by amending Article 22, a Holiday, and Article 32, Wages, effective October 1, 2014. m E NOW, THEREFORE, in consideration of the mutual promises contained herein, the a parties agree to amend the Agreement as follows: 1. Article 22, Holiday, shall be amended as set forth in Exhibit "A". 2. Article 32, Wages, shall be amended as set forth in Exhibit "B". 1 Packet Pg. 41 7.C.2.a 3. This amendment shall take effect on October 1, 2014. 4. Except as previously amended, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the dates below written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK g:\atty\agreemnt\union.k.2a.14.doc CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY TEAMSTERS LOCAL UNION NO. 769 AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA BY: DATE: BY: 2 PRESIDENT BUSINESS AGENT a Packet Pg. 42 7.C.2.a EXHIBIT "A" ARTICLE 22 HOLIDAYS Section 1. The following holidays are observed by regular full time employees, except as otherwise orovided in this Article: New Year's Day (January 1st) Martin Luther King, Jr.'s Birthday (3rd Monday in January) Memorial Day (Last Monday in May) Independence Day (July 4th) Labor Day (1st Monday in September) Veterans Day (November 11th) Thanksgiving Day (4th Thursday in November) Friday after Thanksgiving Christmas Eve (December 24th) Christmas Day (December 25th) Two (2) Floating Holidays Beginning February 17, 2014, all regular full time employees shall observe Presidents Day on the third Monday in February. The holiday schedule for all regular full time employees for the month of December 2014 shall N be as follows: W E Christmas Day (December 25th) as Friday after Christmas Day (December 26th) a c a� E Section 2. a Except as otherwise provided in this Article, holidays may be granted at the regular, straight time rate of pay to all eligible employees regularly scheduled to work such days, provided that an employee may be required to work on a holiday if necessary to maintain essential services to the public. The County Administrator shall determine when any department or operation will not be closed in observance of a holiday. Packet Pg. 43 7.C.2.a Cprtinn q When a holiday falls on a Saturday, the preceding Friday will be designated as a substitute holiday and observed as the official holiday for that year. When a holiday falls on a Sunday, the following Monday will be designated a substitute holiday and observed as the official holiday. Section 4. A. When a holiday is observed on a day on which a-► a full-time employee is normally scheduled to work and the employee is not required to work that day as provided in Subsection 4.C, the employee will receive holiday pay for the number of hours the employee would have been normally scheduled to work that day, i.e. if the employee is regularly scheduled to work a ten (10) hour day, the employee will receive ten (10) hours of pay for the holiday; if the employee is regularly scheduled to work an eight (8) hour day, the employee will receive eight (8) hours of pay for the holiday. B. If the holiday is observed on a day on which t#e a full-time employee is not scheduled to work, the employee's holiday will be counted as the first day he would normally be scheduled to work following the date the holiday is observed as indicated above, i.e. if an employee normally works a four (4) day week, ten (10) hours a day schedule Wednesday through Saturday, and the holiday is observed on a Monday, the employee will receive Wednesday off as his substitute holiday with ten (10) hours pay. C. If the employee's Department Head/Designee determines, however, that the needs of o the department will not permit toe a full-time employee to have a holiday off, a ROR exemp4 U full time the employee will be paid at a rate of one and one-half (1 %z) times his regular hourly ti rate for all time actually worked on an observed or substitute holiday in addition to the N employee's regular holiday pay, i.e. if an employee works a ten (10) hour per day schedule, and his base rate of pay is $10.00 per hour, the employee will be paid $15.00 per hour for each hour E worked plus ten (10) hours of regular pay for the holiday. In such instances, the employee will not receive a substitute holiday. °1 a c D. A part-time employee who is scheduled to work on a holiday will be paid his regular rate E of pay for all time actually worked on an observed or substitute holiday. A part-time employee who work on an observed or substitute holiday will be entitled to take another day Q off during that pay period as his holiday and will be paid his regular rate of pay for the number of hours the employee would have been normally scheduled to work that day. A part-time employee shall be defined as one who fills a part-time (less than forty (40) hours per week) regularly budgeted position. E. Temporary employees shall not be eligible for paid holiday leave. 4 Packet Pg. 44 7.C.2.a Section 5. A. An employee must work or be on active pay status, on the regularly scheduled working day immediately prior to a holiday or designated substitute holiday and the regularly scheduled working day immediately following a holiday or designated substitute holiday in order to qualify for holiday pay. For purposes of this Agreement, active "pay status" shall refer to periods of time during which an employee is being paid for work performed or period of time during which an employee is being paid for approved leave time such as paid sick leave, paid vacation, paid court time, and while on paid military leave. B. For purposes of computing over -time payments, holidays shall be counted as time worked. Section 6. A. When a holiday falls on an employee's regularly scheduled workday during the employee's vacation period, that day will not be charged as a vacation day. B. When a holiday falls within a period of leave of absence without pay, the employee shall not be paid for the holiday. Section 7. As set forth above in Section 1, each eligible employee shall be entitled to two (2) Floating v Holidays per fiscal year (October 1 — September 30). A Floating Holiday shall be equal to an ti employee's regularly scheduled work day; i.e., the Floating Holiday for an employee who is N regularly scheduled to work an eight (8) hour day will be eight (8) hours. Except in the event of an emergency, an employee must request his Floating Holiday at least seven (7) calendar E days in advance. Approval of the request shall be subject to the department's operational a needs. If an employee does not use his Floating Holidays prior to the end of the fiscal year, he a may not carry them forward into the next fiscal year. a� E r 5 r a Packet Pg. 45 7.C.2.a EXHIBIT "B" ARTICLE 32 WAr.FC Section 1. Fv 7ni q The County shall provide a lump sum payment of $1350.00 to each bargaining unit employee on October 26, 2012 assuming the Agreement is fully ratified by both parties on or before October 18, 2012. In the event the Agreement is not fully ratified by both parties on or before October 18, 2012, the payment will be included with the next available payroll which is issued a minimum of fourteen (14) days after the Agreement is fully ratified by both parties. Gv ')nlA Each member of the bargaining unit shall receive a $.65 or 3% increase in his/her hourly rate of pay, whichever is greater, effective October 1, 2013. FY 2015 Each member of the bargaining unit shall receive a $.65 or 3% increase in his/her hourly rate of pay, whichever is greater, effective October 1, 2014. Section 2. Upon promotion to a higher pay grade, each bargaining unit employee shall receive a five percent (5%) c wage increase or the bottom of the pay range for new position, whichever is greater `V Section 3. c m E m m Except as otherwise provided in Article 16 (Promotions) and Article 16 (Transfers), upon satisfactory a completion of the probationary period, an employee shall receive a five percent (5%) wage increase, effective with the first payroll period after completion of the probationary period E s Section 4. a The parties acknowledge and agree that no member of the bargaining unit shall receive a Service Award bonus, as described in Section 3.06 of the Employee Handbook, or a Holiday Bonus during the period October 1, 2012, through and including September 30, 2015. 6 Packet Pg. 46 7.C.3 ITEM NO. (ID # 2079) AGENDA REQUEST TO: Board of County Commissioners DATE: 05/20/2014 *CONSENT AGENDA\COUNTY ATTORNEY PRESENTED BY: Katherine Barbieri, Asst. County Attorney SUBMITTED BY: County Attorney SUBJECT: Permission to Advertise - Amending Article II "Abandoned Property, Garbage, Trash, Junk and Debris" of Chapter 1-9 "Garbage, Trash and Refuse" BACKGROUND: Attached is a copy of a draft ordinance that amends the "Abandoned Property Ordinance" by prohibiting windows, sky lights, and doors that are not weather tight; provides for remediation of the property and abatement of the nuisance; provides for assessment of property where the County undertakes the remediation and authorizes the use of the uniform method for the imposition and collection of non -ad valorem assessments against those properties. The revisions would provide a special benefit to the property by alleviating the burdens created by the nuisance conditions, preventing decline in property value, improving aesthetics of property, marketability, safety by reducing fire hazards, and improving access to the property. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board grant permission to advertise the draft ordinance for a public hearing on Tuesday, June 17, 2014 at 9:00 am or as soon thereafter as the item may be heard. COMMISSION ACTION: Packet Pg. 47 7.C.3 Coordination/Signatures anie 5. McIntyre, C my ttorney 5/9/2014 ob entkofsky, Depu y C my Adminiskrato 5 9/2014 Updated: 5/9/2014 8:59 AM by Kelly Phelan A Page 2 Packet Pg. 48 7.C.3.a y ORDINANCE NO. 14-_ 0 m AN ORDINANCE AMENDING ARTICLE II "ABANDONED PROPERTY, _ GARBAGE, TRASH, JUNK AND DEBRIS" OF CHAPTER 1-9 "GARBAGE, TRASH AND REFUSE" BY AMENDING SECTION 1-9-16 "DEFINITIONS"; Z AMENDING SECTION 1-9-19.6 TO REQUIRE THE REMEDIATION OF PROPERTY UNDER CERTAIN CONDITIONS; PROVIDING FOR ~ CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. L WHEREAS, the County has determined that many properties in the County, primarily those that have been abandoned because of pending mortgage foreclosure, have accumulations ofjunk, trash, debris, living and nonliving plant material, stagnant water, excessive overgrowth of weeds, grass, broken windows, sky lights, and doors and other objectionable, unsightly or unsanitary materials; and WHEREAS, by enactment , the County prohibits (1) the existence of excessive accumulations or untended growths of weeds, undergrowth, or other dead or living plant life, stagnant water, rubbish, debris, trash, and all other objectionable, unsightly, or unsanitary matter upon any lot, tract or parcel, (ii) conditions conducive to the infestation or inhabitance of rodents, vermin, orwild animals, (iii) conditions conducive to the breeding of mosquitoes, (iv) windows, sky lights, doors that are not weather t�inht and f ivy) M untended property that threatens or endangers the health, safety, or welfare of County residents or adversely affects or impairs the economic welfare of adjacent property; and WHEREAS, these prohibited conditions are declared public nuisances, and the failure of a property ownerto abate and terminate the public nuisance results in (1) the "clean-up" of the property by the County and (ii) the imposition of a non -ad valorem special assessment on the property if the County is not timely reimbursed for the cost of the "clean-up" and remediation; and WHEREAS, the County has the authority to use the uniform method for the levy, collection, and enforcement of non -ad valorem assessments as set forth in Chapter 197 of the Florida Statutes; and WHEREAS, if not timely paid, the non -ad valorem assessment for clean-up of a lot will be included on the property owners annual tax bill as set forth in Chapter 197 of the Florida Statutes; and WHEREAS, if the non -ad valorem assessment is not paid timely, a lien may also be recorded against the property; and WHEREAS, the County now intends to amend its Code of Ordinances to (1) prohibit the nuisances that arise when property is allowed to deteriorate as described herein; (ii) provide for clean-up and remediation of the property and abatement of the nuisance, (iii) provide for assessment of property where the County undertakes the clean-up and (iv) authorize the use of the uniform method for the imposition and collection of non -ad valorem assessments against those properties; and Underlined passages are added. -1- Straekthreagh passages are deleted. Packet Pg. 49 7.C.3.a WHEREAS, the clean-up and remediation of these properties is providing a special benefit to the d property by alleviating the burdens created by the nuisance conditions, preventing decline in property o value, improving aesthetics of property, marketability, safety by reducingfire hazards, and improving access to the property; and = WHEREAS, the imposition of non ad valorem assessments to recoup the actual cost incurred bythe Z County in providing clean-up and remediation services, togetherwith a pro-rata share of any administrative a cost involved, provides an equitable method of funding such elean up services by fairly and reasonably ~ allocating the cost thereof to specifically benefitted property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A: ARTICLE II ABANDONED PROPERTY, GARBAGE, TRASH, JUNK AND DEBRIS Section 1-9-16. Definitions. For the purpose of this article, the following words shall have the meanings indicated: Abandoned property wrecked or derelict property having no value other than nominal salvage value, if any, which has been left abandoned and unprotected from the elements and is visible from the adjacent property and/or public right-of-way adjacent to the property on which the article is located, and shall include wrecked, inoperative, or partially dismantled motorvehicles,trailers, boats, machinery, white goods, building materials, refrigerators, washing machines, plumbing fixtures, furniture, and any similar article which has no value other than nominal salvage value, if any. The presence of a current license plate on a motor vehicle shall raise a rebuttable presumption that the motor vehicle is not abandoned property. The presence of a current registration decal on a boat shall raise a rebuttable presumption that the boat is not abandoned property. For the purpose of this Section, a motor vehicle, boat or trailer shall be deemed abandoned property if it is inoperative for a period of longer than five (5) days and is not stored in an enclosed building, or at an authorized junk or auto wrecking yard. Evidence of removed or flat tires; partial or complete dismantling motor vehicle, boat or trailer in other than an upright or operable manner; or lack of a current license plate or current registration decal shall raise a rebuttable presumption that the motor vehicle, boat or trailer is abandoned property. Abandoned real property means any real property in unincorporated St. Lucie County that is vacant and is under a current notice of default and is the subject of a foreclosure action or proceeding, is the subject of a foreclosure sale where the title was retained by the mortgagee involved in the foreclosure, and/or has been transferred under a deed in lieu of foreclosure or sale to the mortgagee. Actual cost means the actual contract amount plus interest, if any, as invoiced by an independent, private contractor for terminating and abating a violation of this article on a lot, tract, or parcel, plus the cost of serving notice of the violation, obtaining title information on the property, and all other identifiable costs incurred by the county in the cleanup of the lot, tract, or parcel. Underlined passages are added. -2- Straekto i ou.'+ passages are deleted. Packet Pg. 50 7.C.3.a Compatible electronic medium or media means machine-readable electronic repositories of data and information, including, but not limited to, magnetic disk, magnetic tape, and magnetic diskette technologies, which provide without modification that the data and information therein are in harmony with and can be used in concert with the data and information on the ad valorem tax roll keyed to the property identification number used by the St. Lucie County Property Appraiser. Compost bin means a container designed for the purpose of allowing nonliving plant material to decompose for use as fertilizer. For purposes of this article, any such compost bin shall be constructed of wire, wood lattice or other material which allows air to filter through the structure. A compost bin shall not exceed an area of sixty-four square feet or a height of five feet. Debris means fragments or accumulations of pieces of metal, rubber, plastic, cloth or any other natural, manufactured or vegetative matter. Enforcement officer means sheriff, code enforcement officer or any other officer designated by resolution of the board of county commissioners to enforce the provisions of this section. Fill means material such as dirt that is imported and deposited on property by artificial means. Foreclosure means the legal process by which a parcel, tract, lot or other defined area of real property, placed as security for a real estate loan, is prepared for sale by the lender/mortgagee to -satisfy the debt if the borrower/mortgagor defaults. This definition shall include all processes, activities and actions, by whatever name, associated with the described process. Garbage means any waste part of food or other discarded animal or vegetable matter subject to bacterial decay. Grass, weeds, or brush means grass or weeds or brush that, when allowed to grow in a wild and unkempt manner, will reach a height of twelve inches or more. This definition does not include bushes, shrubs, trees, vines, flowering plants, and other living plant life typically used and actually being used for landscaping purposes. Imminent public -health threat means the condition of a lot, tract, or pafiseel parcel of land that, because of the accumulation of trash, junk or debris, such as broken glass, rusted metal, automotive and appliance parts, some of which may contain chemicals, suchlas freon, oils, fluids, or the like, may cause injury or disease to humans or contaminate the environment, or the condition of a lot, tract or parcel that, because of the abandonment or excessive growth of grass, weeds, brush, or decaying vegetative matter can harbor criminal activity, attracting or breeding flies, mosquitos or other anthropods and rodents, or vermin capable of physical harm and transmitting diseases. Junk means pieces, parts, or discarded whole units of metal, rubber, plastics, glass, orother objects manufactured from either organic or inorganic materials. Underlined passages are added. -3- 5lrtick tfireagh passages are deleted. Packet Pg. 51 7.C.3.a Levy means the imposition of non -ad valorem assessments against property found to be in violation M of this article. _ Local means within the boundaries of St. Lucie County, Florida. t to Local agent means an agent, located in St. Lucie County, designated by the mortgagee upon L registration as required under this section. Mortgagee means the creditor, including but not limited to, trustees; service companies; lenders in a mortgage agreement; any agent, servant, or employee of he creditor; any successor in interest; or any assignee of the creditor's rights, interests or obligations under the mortgage agreement. For purposes of this section only, the term mortgagee does not apply to governmental entities. Non -ad valorem assessment means a special assessment that is not based upon millage and that can become a lien against a homestead as permitted in section 4 of Article X of the Florida Constitution. Non -ad valorem assessment roll means the roll prepared by the County and certified to the St. Lucie County Property Appraiser and Tax Collector, as appropriate under Florida law, for collection. Non living plant material means nonliving vegetation such as leaves, grass cuttings, shrubbery cuttings, tree trimmings and other material incidental to attending the care of lawns, shrubs, vines and trees. Owner means every person, entity, or service company, who alone or severally with others: (1) Has legal or equitable title to any dwelling, dwelling unit, mobile dwelling unit, building, structure, or parcel of land, vacant or otherwise, including a mobile home park; or (2) Has care, charge or control of any dwelling, dwelling unit, mobile dwelling unit, building, structure or parcel of land, vacant or otherwise, including a mobile home park, in any capacity including but not limited to agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of the holder of legal title; or (3) Is a mortgagee in possession of any such dwelling, dwelling unit, mobile dwelling unit, building, structure, or parcel of land, vacant or otherwise, including a mobile home park; or (4) Is an agent, trustee or other person appointed by the courts and vested with possession orcontrol of any such dwelling, dwelling unit, mobile dwelling unit, building, structure, or parcel of land, vacant or otherwise, including a mobile home park; or (5) Is a person who operates a rooming house. Person means any individual firm, business, partnership, corporation, or unincorporated association. Underlined passages are added. -4- 5lrtick through passages are deleted. Packet Pg. 52 7.C.3.a I Property means a lot or tract or parcel of land and the adjacent unpaved and ungraded portion of m the right-of-way, whether such lot or tract or parcel is improved or unimproved. o Remediation or Remedy means actions taken to abate unsafe, hazardous and/or unsanitary conditions including lot clean-up mowing, debris or fill removal, boarding, clearing, demolition or such other action as may be necessary to minimize or abate imminent public health threats and the nuisance s conditions contemplated herein. L Trash means waste material, including, but not limited to, putrescible and non-putrescible waste, 0 combustible and non-combustible waste, vegetative matter, and generally all waste materials such as cardboard tin cans lumber, concrete rubble, glass bedding, crockery, household furnishings, paper, g rY. g c7 household appliances, dismantled pieces of motor vehicles or other machinery, rubber tires, rusted metal articles of any kind, broken parts of trees, pruning and clippings. m a Vacant means any building structure or dwelling, dwelling unit, mobile dwelling unit, building, structure, or parcel of land, vacant or otherwise, including a mobile home park that is not legally occupied for more than fifteen (15) days. PART B: Section 1-9-19.6 LOT CLEAN-UP (1) Purpose and Intent. The purpose and intent of this article is to prohibit the following: accumulation of trash, junk, or debris, living and nonliving plant material, and stagnant water, excessive and untended growth of grass, weeds, brush, branches, and other overgrowth, and C. windows, sky lights and doors that are not weather tight (i.e. unable to prevent people animals wind, rain or other elements from entering the structure) d. the existence of all other objectionable, unsightly or unsanitary matter, materials, and conditions on property whether improved or unimproved. The purpose and intent of this article is to prevent conditions on property that result in the following: or other wild animals, R1 Underlined passages are added. property being inhabited by, or providing a habitat for, rodents, vermin, reptiles, property providing a breeding place for mosquitoes, flies or arthropods, -5- Strtick thi aug' passages are deleted. Packet Pg. 53 7.C.3.a N C. property being a place, or being reasonably conducive to serving as a place for illegal or illicit activity, d. property threatening or endangering the public health, safety or welfare of county �a = residents, 3 e. property reasonably believed to cause currently, or have the potential to cause in t L the future, ailments or disease, ~ property adversely affecting and impairing the economic value of enjoyment of surrounding or nearby property. (2) Declaration of nuisance and menace. The (1) accumulation of trash, junk, or debris, living and nonliving plant material, or stagnant water upon property, (ii) the excessive growth of grass, weeds, brush, branches, and other overgrowth upon property, (iii) windows, sky lights, doors that are not weather tight and-(iit) iv the keeping of fill in an unsafe and unsanitary manner is declared to be a nuisance and menace to the public health, safety, and welfare of the citizens of the County for the following reasons: a. The aesthetic appearance of property preserves the value of other properties within the County. b. The (1) accumulation of trash, junk, or debris, nonliving plant material, or stagnant water, (ii) the excessive growth of grass, weeds, brush, branches, and other overgrowth upon property, iii windows, sky lights, doors that are not weather tight, and (iri j iv the keeping of fill in an unsafe and unsanitary manner is dangerous, unhygienic, unhealthy, visually unpleasant to the reasonable person of average sensibilities, and a visual nuisance because it depreciates, or potentially can depreciate, the value of neighboring property. Unless addressed properly in this Code of Ordinances, County taxpayers could be and would be required to pay the cost of cleaning up such properties, and such clean-ups would have to be undertaken by the County and funded by County Taxpayers several times a year, in some cases for the same properties. (3) Accumulation of trash, junk, or debris, living and nonliving plant material and stagnant water. a. Every owner and, if applicable, every agent, custodian, lessee, or occupant of property shall reasonably regulate and effectively control accumulations of trash, junk, or debris, living and nonliving plant material, and stagnant water (1) on the property, and (ii) that portion of the adjoining public right-of-way between the property and the paved or graded street. The following uses are permissible: (1) Storage of trash, junk, debris, and living and nonliving plant material in garbage cans that comply with applicable ordinances relating to solid waste collection. Underlined passages are added. -6- St aek threagh passages are deleted. Packet Pg. 54 7.C.3.a (2) The storage of nonliving plant material in compost bins, except that no property may have more than two compost bins. (3) Keeping wood on the property for use as fire or fuel, provided, such wood shall be piled, stacked, bundled, or corded and the area surrounding the piles, stacks, bundles, or cords shall be free of excessive growth of grass, weeds, brush, branches, and other overgrowth. (4) Excessive growth of grass, weeds, brush and other overgrowth. Every owner and, if applicable, every agent, custodian, lessee, or occupant of property shall reasonably regulate and effectively control the excessive growth of grass, weeds, brush, and other overgrowth (1) on the property, and (ii) that portion of the adjoining public right-of-way between the property and the paved or graded street. Excessive growth of grass, weeds, brush, and other overgrowth that exceeds twelve inches in height is prohibited and shall be trimmed to a height below twelve inches. Vegetative growth that is mature Florida ecological community, as defined.by the Soils Conservation Service in its publication entitled 26 Ecological Communities in Florida, is not prohibited by this article. However, in the event this vegetative growth constitutes an imminent public health threat, it shall be removed upon the order of the County Administrator or designee. M Windows, sky lights and doors that are not weather tight. Every owner, and if applicable, every agent, custodian, lessee, or occupant of property shall ensure all windows, sky lights, and doors are able to prevent humans, animals, wind, rain, or other elements from entering the structure. H(6). Keeping of fill on property. Every owner and, if applicable, every agent, custodian, lessee, or occupant of property shall reasonably regulate and effectively control the property so as to prevent the keeping of fill on it to prevent the creation of (1) a habitat for rodents, vermin, reptiles, or other wild animals, (ii) breeding ground for mosquitos, flies or arthropods, (iii) a place conducive to illegal activity, (iv) a place that threatens or endangers the public health, safety or welfare of county residents, (v) a place that is reasonably believed to cause currently, or potentially to cause in the future, ailments or disease, or (vi) a condition on the property that adversely affects and impairs the economic value or enjoyment of surrounding or nearby property. MM Imminent public -health threat. (i)An accumulation of trash, junk, debris, living and nonliving plant material, or stagnant water, (ii) an excessive growth of grass, weeds, brush, or other overgrowth, or (iii) windows, sky lights, doors that are not weather tight, fH LivJ the keeping of fill on property that presents an imminent public -health threat may be remedied by the County making a reasonable effort to notify the Owner and may immediately notify the County Administrator to request a hearing. The County Administrator shall determine whether, under the provisions of this article, an imminent public -health threat exists. If actual notice did not occur, after -the -fact notice will be provided by the County to the owner and, if applicable, the agent, custodian, lessee, or occupant no later than five work days after the abatement. After -the -fact notice shall be sent as set forth in Section 7 below, and the owner and, if applicable, the agent, custodian, lessee, oroccupant shall have fifteen days from the date notice is received Underlined passages are added. -7- Strveklhreagh passages are deleted. Packet Pg. 55 7.C.3.a N to (i) reimburse the County or (ii) appeal the County Administrator's determination that an imminent public - health threat existed on the property. c so HLaj Enforcement. (a) Violations. Failure or refusal by the owner and/or, as applicable, the agent, custodian, lessee or occupant of property to comply with the requirements of Secs.1-9-19.6 (3), (4), of (5), �a L or 6 is a violation of this Article. The existence of an imminent public -health threat on a property is a ~ ai violation of this article. (b) Notice of violation. Whenever the County Administrator or his/her designee determines there is a violation of this article, the County Administrator shall serve, or cause to be served, a "notice of violation" on the owner and, if applicable, the agent, custodian, lessee, or occupant of the property. The "notice of violation" shall direct the owner and, if applicable, the agent, custodian, lessee, or occupant to terminate and abate the violation within twenty calendar days of the date the "notice is received." If the "notice of violation" pertains to an imminent public -health threat abated by the County, the notice shall direct the owner and, if applicable, the agent, custodian, lessee, or occupant to pay to the County the cost of such abatement. If the notice of violation is sent or delivered to both the owner and the owner's agent, custodian, lessee, or occupant, they shall be jointly and severally responsible to remedy the violation. (c) Notice is received. The "notice of violation" shall be sent by United States certified mail with a return receipt requested. "Notice is received" on the date the owner, or, if applicable, the agent, custodian, lessee, or occupant of the property initials or otherwise indicates receipt of the notice on the return receipt. In the event that certified -mail delivery cannot be accomplished, and after reasonable search by the County for such owner or, if applicable, the agent, custodian, lessee, or occupant of the property, or if the notice is not accepted or is returned to the County, a physical posting of the "notice of violation" on the property shall be deemed the date the "notice of violation" is received. d. Form of notice. The notice shall be in substantially the following form: NOTICE OF VIOLATION Name of Owner: Address of owner: Name of agent, custodian, lessee, or occupant (if applicable): Underlined passages are added. -8- Struck through passages are deleted. Packet Pg. 56 7.C.3.a Address of agent, custodian, lessee, or occupant (if applicable): Our records indicate that you are the owner, agent, custodian, lessee or occupant of the following property 6 in the St. Lucie Count y� � [description of property] An inspection of this property discloses, and I have found and determined, that a public nuisance exists on this property. This public nuisance violates Section 1-9-19.6 of the Code of Ordinances of St. Lucie County, Florida in that: [description of the violation in this article] [You are hereby notified that if, within twenty days from the date this notice is received, a. the violation described above is not remedied and abated, or b. this violation has not been timely appealed, as set forth in Sec. 1-9-19.6(8) of the County's Code of Ordinances. The County will cause the violation to be remedied, and the costs incurred by the County in connection with the cleanup will be assessed against the property and may be collected as a non ad valorem assessment on the annual property tax bill.] To appeal this notice of violation, you must file your notice of appeal no later than 15 days after receipt of this notice. THE FAILURE TO PAY THE ASSESSMENT WILL CAUSE A TAX CERTIFICATE TO BE ISSUED AGAINST THE PROPERTY WHICH MAY RESULT IN A LOSS OF TITLE. St. Lucie County By: _ Title If the notice is an after -the -fact notice of an imminent public -health threat, the bracketed portions shall be deleted and, in their place, the information required in Section 1-9-19.6 (11) regarding levy of assessment on the property for the costs of abatement incurred by the County shall be substituted. (8) Appeals. Within fifteen days after notice is received, the owner or, if applicable, the agent, custodian, lessee, or occupant of the property may appeal to the County Commission that a "notice of violation" is not warranted for the property or that the property did not pose an imminent public -health threat that required cleanup. Underlined passages are added. -9- Sti tick thi oagh passages are deleted. Packet Pg. 57 7.C.3.a N (a) Content of Appeal. The owner or, if applicable, the agent, custodian, lessee, or occupant ofthe property must appeal the notice of violation by written notice to the County Administrator. o The written notice must be accompanied by a reasonable filing fee, as determined by the County Administrator, and shall be either hand delivered to the County Administrator, or mailed to the County = Administrator and postmarked, within the fifteen -day period after notice is received. 3 t Upontimely receipt, the County Ad m inistrator will schedulethe appeal fora public L hearing before the County Commission. At the public hearing, the appellant shall be afforded due process ~ and may present such evidence as is probative of the appellant's case. The County Administrator or other county staff shall present such evidence as is probative of the alleged violation. Members of the public shall be afforded the opportunity to present relevant testimony and evidence. Thereafter, the hearing shall be c� closed and the County Commission shall rule on the appeal. r (b) Unsuccessful appeal. If the appeal is unsuccessful, the property must be "cleaned up" and the violation remedied and removed within fifteen days from the date of the County Commission's decision. (c) An aggrieved party mayappeal the Board of County Commissioner's decision to the circuit court. Such appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Board of County Commissioners. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. (9) Special assessment imposed. a. The conditions and violations contemplated by this Article create imminent risks both far the affected property and the broader public health and in essence creates a burden that must be remedied by the County. Clean tip Remediation services provided by the County relieve the burden created by such conditions and therefore convey a special benefit to the property receiving the services. Additional special benefits conveyed may include but are not limited to preventing decline in property value, improving aesthetics of property, marketability, safety by reducing fire hazards and improving access to the property. b. In the event an appeal is not made within fifteen days after notice is received and the violation is not remedied, or a timely appeal is made, but is unsuccessful and the violation is not remedied, the County may undertake such action as is necessary or useful to remedy the violation. The costs incurred by the County to remedy the violation, including the actual cost of elean jp remediation and a pro-rata share of any administrative expenses related to the collection, and costs incurred in other identifiable costs related to the efean up remediation and collecting the assessments involved [including amounts necessary to account for any statutory discount for the early payment of property taxes and non ad valorem assessments but excluding anyapplicable penalty orfine], shall be assessed against the property as authorized by Article II of this Chapter. All assessments shall be paid in full no later than the close of County business on the twentieth (20") business day after the property owner has received notice of the assessment. Thereafter, the unpaid amount of the assessment will accrue at the statutory rate for final judgments calculated on a calendar day basis until paid and may be collected as a special assessment, sometimes referred to as a non -ad valorem assessment, on the annual property tax bill. Any penalties or Underlined passages are added. -10- Straek threash passages are deleted. Packet Pg. 58 7.C.3.a N fines may continue to accrue interest and be collected and enforced in accordance with the procedure for foreclosure of mortgages or any other method authorized by law or County ordinance. o �a C. The imposition of non ad valorem assessment to recover the actual cost incurred = by the County in providing dean up remediation services, together with a pro-rata share of any administrative costs involved [including amounts necessary to account for any statutory discount for the early payment of property taxes and non ad valorem assessments but excluding any applicable penalty or L fine) provides an equitable method of funding such elean up remediation service by fairly and reasonably allocating the cost thereof to specifically benefitted property. a� d. The non -ad valorem assessment roll will be comprised of properties that have had levied against them non -ad valorem assessments under this article, and such assessment has not otherwise been paid in full prior to approval of the roll. e. Any cost ofefean-tip remediation that exceeds one thousand ($1,000) dollars may be collected by the County in two (2) annual cycles. This shall be solely at the discretion of the County Administrator. (10) Notice of assessment. Upon completion of the actions undertaken by the County to remedy the violation on the property, the County Administrator or designee, shall notify in writing the owner and, if applicable, the agent, custodian, lessee, or occupant that a special assessment has been imposed on the property. The notice shall be delivered to the owner and, if applicable, the agent, custodian, lessee, or occupant in the manner set forth for delivery of the notice of violation in Sec.1-9-19.6 (7)• The notice of assessment shall set forth the following: (a) a description of the violation, a description of the actions taken by the County to remedy the violation, and the fact that the property has been assessed for the costs incurred by the County to remedy the violation. (b) The aggregate amount of such costs and an itemized list of such costs. (c) The intent of the County to record the assessment as a lien against the property if not paid timely, within the period of twenty business days as set forth in Sec. 1-19-19.6(9). (d) The intent of the County to place the assessment on the tax roll as a non -ad valorem assessment if not paid by the following De r !September 1. (e) The potential for the property to be sold and conveyed by tax deed if the tax certificate is not redeemed by payment of the non -ad valorem assessment in full, plus interest as required by Florida law. (11) Establishment of special assessment district. St. Lucie County's Urban Service Boundary as defined in the St. Lucie County Comprehensive Plan as it exists on the date of enactment of this article Underlined passages are added. -11- Sttick t! augh passages are deleted Packet Pg. 59 7.C.3.a N and as it maybe expanded or contracted from time to time, is hereby declared a special -assessment district d for the purposes of abating and remedying violations of this chapter. Individual properties within the o unincorporated County's boundaries, as they may exist from time to time, may be assessed for the costs incurred by the County in abating and remedying violations of this chapter. _ 3 (12) Levy of non -ad valorem assessments. The County Commission is authorized to levy from time to time, a non -ad valorem assessment against each and every property in the County (i) on which L there occurs or has occurred a violation of article I, (ii) the County undertakes or has undertaken action to ~ abate and/or remedy the violation and, thereby, incurs or has incurred costs, and (iii) the property owner 0 and, if applicable, the agent, custodian, lessee, or occupant of the property fails or refuses or has failed or refused, for whatever reason, to pay timely the amount owed to the county for the costs incurred by the County in carrying out such abatement and remedy; provided, however, that the amount of the non ad valorem assessment shall be limited to actual eiean up remediation costs as determined in the sole a discretion of the County together with administrative and collection costs as contemplated herein. L. (13) Collection of non -ad valorem assessments. The County Commission elects to use the uniform method to impose and collect non -ad valorem assessments against properties on which violations of article I occur or have occurred The non -ad valorem assessments collected pursuant to this article will be included in the combined notice for ad -valorem taxes and non -ad valorem assessments as provided in section 197.3635 of Florida Statutes, including provisions relating to discount for early payment, prepayment by installment method, deferred payment, penalty for delinquent payment, and issuance and sale of tax certificates and tax deeds for nonpayment. (14) Agreementto reimburse St. Lucie County Property Appraiser and the St. Lucie County Tax Collector. In order to use the uniform method for the levy, collection, and enforcement of the non -ad valorem assessments, the County is authorized to enter into a written agreement with the St. Lucie County Property Appraiser and the St. Lucie County Tax Collector providing for the reimbursement of their costs incurred in the administration and collection of the non -ad valorem assessments levied under this article. (15) Adoption of resolutions. The County Commission will consider such resolutions as may be required by Section 197.3632, Florida Statutes, pertaining to the imposition and collection of non ad valorem assessment on the annual property tax bill including but not limited to the resolution required by subsection 197.3632(3), Florida Statutes, which resolution shall state the following: assessments. (a) The County's intent to use the uniform method of collecting non -ad valorem (b) The County's need for the imposition of the non -ad valorem assessments. (c) The entire St. Lucie County Urban Service Boundary as defined in the St. Lucie County Comprehensive Plan as it exists on the date of enactment of this article and as it may be expanded or contracted from time to time, is declared a special assessment district, with individual properties being subject to the non -ad valorem assessment from time to time if and when violations occur. Underlined passages are added. -12- St tiekthrevsh passages are deleted Packet Pg. 60 7.C.3.a The County will comply with all statutory notice prerequisites set forth in section 197.3632 of Florida Statutes. (16) Annual non -ad valorem assessment roll. Each year, the County Commission will approve a non -ad valorem assessment roll at a public hearing between January 1 and September 15. The non -ad valorem assessment roll will be comprised of properties that have had levied against them non -ad valorem assessments under this article, and such assessments have not otherwise been paid in full prior to approval of the roll. The County Administrator or designee is authorized and directed each year (i) to prepare the notice that must be sent by first-class United States mail, as required by subsection 197.3632(4)(b) of Florida Statutes, and (ii) to prepare and publish the newspaper notice required by subsection 197.3632(4)(b) of Florida Statutes. The notice to be sent by first-class mail will be sent to each person owning property that will be on the non -ad valorem assessment roll and will include the following: (a) The purpose of the assessment; (b) The total amount to be levied against the parcel, which includes the actual cost incurred by the county; (c) A statement that failure to pay the assessment will cause a tax certificate to be issued against the property, which may result in a loss of title; (d) A statement that all affected property owners have a right to appear at the hearing and to file written objections with the County Commission within 20 days of the notice; and (e) The date, time, and place of the hearing. Upon its approval by County Commission, the non -ad valorem assessment roll will be certified to the tax collector as required by law. PART C. TRANSITION PROVISION. Non -ad valorem assessments to recover actual costs incurred bytheCounty in remedying violations of article I of chapter 12-5 of the Code of Ordinances prior to the effective date of this ordinance may be levied against the affected properties and, if not timely paid in full, may be placed on a non -ad valorem assessment roll at the next available opportunity. All actions taken by County officials and employees to that end are ratified and confirmed herewith. Underlined passages are added. -13- Stroekthrough passages are deleted. Packet Pg. 61 7.C.3.a w PART D. SEVERABILITY AND APPLICABILITY. 0 It is declared to be the intent of the Board of County Commissioners of St. Lucie County, that if any section, subsection, sentence, clause or provision of this ordinance be held invalid, the remainder of the ordinance shall not be affected. PART E. FILING WITH THE DEPARTMENT OF STATE. H The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of 0 Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. Pursuant to Section 125.66, Florida Statutes, a certified copy of this Ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners within ten (10) days after enactment by the Board of County Commissioners. This Ordinance shall become effective when the acknowledgment is received from the Secretary of State that the Ordinance has been duly filed. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Frannie Hutchinson XXX Vice Chair Paula Lewis XXX Commissioner Chris Dzadovsky XXX Commissioner Tod Mowery XXX Commissioner Kim Johnson XXX PART H. 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 C through H shall not be codified. PASSED AND DULY ADOPTED this day of 2014. Underlined passages are added. "14- St tick passages are deleted. Packet Pg. 62 7.C.3.a ATTEST: Deputy Clerk Underlined passages are added. -15- BOARD OF COUNTY COMMISSIONERS m ST. LUCIE COUNTY, FLORIDA o m BY: Chair 3 APPROVED AS TO FORM AND CORRECTNESS: ~ ti a� BY: County Attorney 0 Stroekthreesh passages are deleted. Packet Pg. 63 7.C.4 ITEM NO. RES-2014-74 TO: DATE: 05/20/2014 AGENDA REQUEST *CONSENT AGENDA\COUNTY ATTORNEY Board of County Commissioners Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: Resolution 2014-74 - Adoption of a resolution proclaiming May 25, 2014 as "NATIONAL MISSING CHILDREN'S DAY" in St. Lucie County, Florida. BACKGROUND: Edward Russo, Program Manager with the National Center for Missing & Exploited Children, has requested that this Board proclaim May 25, 2014 as "NATIONAL MISSING CHILDREN'S 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 Packet Pg. 64 7.C.4.a RESOLUTION A RESOLUTION PROCLAIMING MAY 25, 2014 AS "NATIONAL MISSING CHILDREN'S DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. According to the most recent, comprehensive national study for the number of missing children, an estimated 800,000 children younger than 18 were reported missing. 2. Approximately 58,000 of these children were victims of non -family abductions and more than 200,000 were the victims of family abductions. 3. On average, nearly 2,000 children are reported missing to law enforcement agencies daily. 4. The National Center for Missing & Exploited Children° (NCMEC) exists as a resource to help prevent child abduction and sexual exploitation, help find missing children, and assist victims of child abduction and sexual exploitation, their families, and the professionals who serve them. 5. National Missing Children's Day is a special time to remember those children who are missing and give hope to their families. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim May 25, 2014 as "NATIONAL MISSING CHILDREN'S DAY" in St. Lucie County, Florida, as part of St. Lucie County's continuing efforts to prevent the abduction and sexual exploitation of children. 2. This Board urges local government, law enforcement, schools and communities to take time to talk to children about personal safety and abduction prevention and encourages all individuals to take 25 minutes out of their day to help children stay safer. PASSED AND DULY ADOPTED this 20th day of May 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 65 7.D.1 ITEM NO. (ID # 2096) J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: 4113IX4is BACKGROUND: Diana Wesloski, Housing Manager Housing Services Division Engineering Services — D9 Canal Project DATE: 05/20/2014 *CONSENT AGENDA\COMMUNITY SERVICES St. Lucie County was granted $8,058,428 in Community Development Block Grant Disaster Recovery Initiative (CDBG- DRI) funds for recovery projects as a result of Tropical Storm Fay. The County has partnered with Fort Pierce and Port St. Lucie to coordinate five infrastructure projects. As stated in the Purchasing Policy Manual, any contract amendments cumulatively exceeding $50,000 must be approved by the Board of County Commissioners. Due to delays resulting from a change of the construction contractor, along with inclement weather, the project time has exceeded the time frame originally anticipated. Engineering Design and Construction (EDC) is requesting a final increase of $7,540 for the additional construction inspection services required to closeout the project. PREVIOUS ACTION: December 14, 2010 - Board approval of the short-listed firms for Professional Services and permissions to conduct oral presentations with the short listed firms, conduct contract negotiations with the successful short-listed firm, and award contract to the successful short-listed firm. April 2, 2013 - Board approval of Change Order No. 4 in the amount of $87,330. FINANCIAL IMPACT: Sufficient funding is available in the Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) fund (001519-5420-581085-500). RECOMMENDATION: Board approval of change order number seven and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 66 7.D.1 Coordination/Signatures Z< LAIJ,4 J�,� yder, Community Services Dir r 5/8/2014 Marie o , ff- a ag ent & Budget Director 5/8/2014 Updated: 5/9/2014 4:45 PM by Shane A. De Witt Page 2 Packet Pg. 67 CHANGE ORDER 7.D.1.a ST. LUCIE COUNTY PROJECT: CHANGE ORDER NUMBER: 7 D-9 Canal Drainage Project INITIATION DATE: 5/20/2014 CONSULTANT'S PROJECT NO.: N/A TO (Engineer): Engineering Design & Construction, Inc. ST. LUCIE COUNTY 1934 Tucker Court CONTRACT NO: C10-12-644 Fort Pierce, FL 34950 CONTRACT DATE: 12/14/2010 You are directed to make the following changes in this contract: (Additional sheet(s) attached as Exhibit A - N/A EDC is contracted to provide geotechnical testing and inspection services for the D9 project. The project is still in process, thus requiring EDC's continuing services. The original (Guaranteed Maximum Cost) was $154,390.00 Net change by previous authorized Change orders $136,717.00 The (Guaranteed Maximum Cost) prior to this Change order $291,107.00 The (Guaranteed Maximum Cost) will be (increased) (decreased or ^ja) by this Change Order $7,540.00 The new (Guaranteed Maximum Cost) including this Change order will be $298,647.00 The Contract Time will be (increased) (decreased) ( nehanged) by 92 Days The Date of Substantial Completion as of the date of this Change Order therefore is: 6/30/2014 Funds Available: Account Number 001519-5420-581085-500 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: Approved: Diana Wesloski St. Lucie County 437 N. 7th Street, Fort Pierce 34950 Address By Date Agreed To: Rod Kennedy Engineering Design & Construction, Inc 1934 Tucker Court, Fort Pierce 34950 Address By Date Community Services St. Lucie County Department 437 North 7th Street, Fort Pierce, FL 34950 Address By: Beth Ryder Date Authorized St. Lucie County:2300 Virginia Ave., Ft. Pierce, FL 34982 Chair Date Approved as to Form and Correctness: County Attorney Attest Packet Pg. 68 (;oafo.Id leuea 60 L saolnaaS 6ulaaaui6u3 Da3 960Z) IsenbeN .aapap 96uey03a3 4LIGLUy3e4v o as � a r EENGINEERING DESIGN & CONSTRUCTION' INC. a D1934 Tucker Court Fort Pierce, FL 34950 Cphone:772-462-2455 fax: 772-462-2454 April 21, 2014 File # 13-215 Diana E. Wesloski Housing Manager St. Lucie County Housing and Community Services Department 437 North 7th Street Fort Pierce, FL 34950 Subject: Proposal for D-9 Canal Additional Canal Cleaning Construction Service St. Lucie County, Florida - Amendment #5 CDBG - 10DB-K4-10-66-01-K35 Dear Mrs. Wesloski, I have developed a scope of Professional Engineering Services necessary to support the City of Port St. Lucie (CITY) for additional inspections associated with the cleaning of Section 5 of the Canal and the finish of the first phase of the D-9 Canal project TASK 1 — CONSTRUCTION PHASE SERVICES — CONSULTANT shall finish close-out for the D-9 project and provide construction observation of the Section 5 excavation until complete. One part-time field representative will be provided to monitor the work being performed. Services will be billed based on actual time expended, but shall not exceed the fee set for the construction observation. All work will be coordinated between the County, City and Contractor and ultimately project acceptance by the City of Port St. Lucie will be requested. Estimated at @ Hourly Rate: $ 7,540.00 *Reimbursable expenses are included in the listed estimated fee. IN WITNESS WHEREOF, the CLIENT and ENGINEER have executed this Agreement the day and year indicated below. By execution of this Agreement, both the CLIENT and the ENGINEER agree to the conditions reflected in the attached proposal including the Special Provisions. As to ENGINEER Engineering Design & onstruction, Inc. V11 Roderick I Kennedy, P.L. Dated: I Engineering Design & Construction, Inc. 13-215 As to CLIENT St. Lucie County / City of Port St. Lucie Print Name & Signature Dated: D-9 Canal AFS-5 April 21, 2014 Page 1 of 1 7.D.2 ITEM NO. (ID # 2097) TO: PRESENTED BY: SUBMITTED BY: I•41I 1"F BACKGROUND: AGENDA REQUEST Board of County Commissioners Diana Wesloski, Housing Manager Housing Services Division DATE: 05/20/2014 *CONSENT AGENDA\COMMUNITY SERVICES HOME Investment Partnerships Program (HOME) Community Housing Development Organization (CHDO) Agreement As part of the HOME Investment Partnerships Program, St. Lucie County HOME Consortium is required to set aside at least 15 percent (15%) of its annual allocation for a Community Housing Development Organization (CHDO). St. Lucie County has had a successful, ongoing partnership with St. Lucie Habitat for Humanity CHDO to facilitate the creation of affordable housing through the HOME Program for over four years. The St. Lucie County HOME Consortium Program CHDO Agreement provides St. Lucie Habitat for Humanity with FY 13 HOME funds in the amount of $67,652.85. Funds must be committed to a project by October 31, 2015 and expended by October 31, 2017. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funding is available in the FY 14 HOME fund (189109-5420-583000-500). RECOMMENDATION: Board approval of the agreement between St. Lucie County HOME Consortium and St. Lucie Habitat for Humanity CHDO, Inc. and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 70 Coordination/Signatures yder, Community Services Dir r 5/8/2014 Updated: 5/9/2014 4:47 PM by Shane A. De Witt Page 2 Packet Pg. 71 7.D.2.a ST. LUCIE COUNTY HOME CONSORTIUM PROGRAM COMMUNITY HOUSING DEVELOPMENT ORGANIZATION AGREEMENT This agreement is entered into this of , 2014 by and between the St. Lucie County HOME Consortium, a municipal corporation that includes St. Lucie County Board of County Commissioners, Martin County Board of County Commissioners and Indian River County Board of County Commissioners organized and existing under the laws of Florida, hereinafter referred to as "HOME CONSORTIUM," and the SLC Habitat., a not for profit corporation and Community Housing Development Organization, hereinafter referred to as "RECIPIENT." WITNESSETH: WHEREAS, the HOME CONSORTIUM and St. Lucie County have received federal funding pursuant to the HOME Investment Partnership Program, hereinafter referred to as "HOME" to expand the supply of decent, safe, sanitary and affordable housing; and WHEREAS, the financial assistance to Community Housing Development Organizations (CHDOs) is a permitted use of HOME funds; and WHEREAS, the HOME CONSORTIUM has established a program to provide financial assistance to CHDOs to provide housing to lower income residents; and WHEREAS, RECIPIENT is eligible to receive, and desires to receive, HOME funds to assist in the development of affordable housing for lower income residents; and WHEREAS, HOME CONSORTIUM and RECIPIENT desire to enter into this Agreement to permit the RECIPIENT to receive HOME funds; NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS AGREED AS FOLLOWS: 1. USE OF THE HOME FUNDS The HOME CONSORTIUM agrees to provide RECIPIENT HOME funds in the amount of $67,652.85 for fiscal grant year 2013 and $69,209.10 for fiscal grant year 2014 when allocation funds from HUD are received, per commitment letter from HUD dated March 18, 2014. Funding in the amount of $67,652.85 must be committed to HOME approved projects by October 31, 2015, and $69,209.10 must be committed by October 31, 2016. Funding for fiscal year 2013 must be expended by October 31, 2017 and funding for fiscal year 2014 must be expended by October 31, 2018. All funds may be used in total and prior to required commitment and expenditure dates. RECIPIENT will use the HOME funds to assist in the development of single-family housing units. HOME CONSORTIUM'S payment of the HOME funds represents the HOME CONSORTIUM's entire financial contribution of HOME funds, and the RECIPIENT shall provide all additional funds necessary to develop affordable housing. RECIPIENT may use HOME funds as provided in the CHDO guidelines incorporated herein as Exhibit A. RECIPIENT agrees to use the HOME funds for Fiscal Year 2013, 2014. Failure to expend funds by required dates shall cause this agreement to be terminated with no further financial obligation to the HOME CONSORTIUM. Packet Pg. 72 7.D.2.a 2. AFFORDABILITY RECIPIENT certifies that the housing developed by the RECIPIENT, hereinafter referred to as the "REAL PROPERTY" will have 1) an initial purchase price; and 2) an estimated appraised value following the development of each home, hereinafter referred to as "SALES PRICE," not in excess of 95% of the median purchase price for single-family housing (one family residence), for the jurisdiction as determined by the United States Department of Housing and Urban Development, hereinafter referred to as "HUD." 3. REPAYMENT OF HOME FUNDS RECIPIENT agrees to repay the full amount of the HOME funds to the HOME CONSORTIUM, which has been disbursed to the RECIPIENT in the event the RECIPIENT fails to comply with the terms of this Agreement. The laws of the State of Florida shall govern this agreement. RECIPIENT covenants to promptly comply with all applicable federal, state, county and municipal laws, ordinances, regulations and rules relating to services to be preformed hereunder and in at the time of performance, including: a) 24 CFR 221 limits. b) 24 882.109 regarding housing quality standards; c) 24 CFR 92.350 regarding equal opportunity; d) 49 CFR Part 24, sub -part B, regarding the Uniform Relocation Act; 24 CFR regarding marketing procedures; f) 24 CFR Part 51 regarding environmental requirements g) 24 CFR 92.355 regarding lead -based paint; h) 24 CFR 92.356 regarding conflict of interest; and i) 24 CFR 92.357 regarding debarment and suspension. j) 24 CFR Parts 91 and 92 Federal Register Vol. 78 No. 142 RECIPIENT, by executing this agreement, acknowledges that the RECIPIENT is not relying upon any representations of the HOME CONSORTIUM to the above regulations and that the RECIEPIENT is responsible for understanding and complying with all applicable regulations. 5. RESALE PROVISION, AFFORDABILITY PERIOD AND PRINCIPAL RESIDENCE REQUIREMENT All units sold to BENEFICIARIES must remain affordable by recording a deferred payment loan according to the amount of assistance provided as follows: Affordability period Assistance Amount 5 Years Up to $15,000 10 Years $15,001 and $40,000 15 Years $40,001 and above 20 Years New Construction Packet Pg. 73 7.D.2.a For this period, the client is required to maintain the home as their primary residence. The CHDO is required to monitor primary residence annually. In the event the BENEFICIARY sells the home within the affordability period, the client must pay back the loan amount. The recaptured funds will be limited to net proceeds and they will be returned to the St. Lucie County HOME Consortium. 92.252. Rental units are subject to the HOME affordability rental requirements in accordance with 6. PROJECT PROCEEDS The RECIPENT must return any and all project proceeds to the HOME Consortium. 7. RECORD AND REPORTS The RECIPIENT must submit to the HOME CONSORTIUM all records and reports necessary to insure the HOME CONSORTIUM'S compliance with HUD Regulations. These include, but are not limited to, copies of the documents proving the eligibility of the RECIPIENT and BENEFICIARIES, appraisals, closing statements, construction documents and costs, the race and sex of all contractors and subcontractors, proof of the prior occupancy of the REAL PROPERTY. Maintain CHDO grant balances and oversight of all CHDO grant funding. The HOME CONSORTIUM shall require that the recipient submit quarterly reports; for the first quarter on or before April 15, second quarter July 15, third quarter October 15, fourth quarter January 15. E:M 10 %,I I [$I►to] a a WET" R * WU94LM This Agreement shall begin on the date first written above and shall continue through and including October 31, 2018. 9. NOTICES Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: TO CONSORTIUM: St. Lucie HOME Consortium St. Lucie County Community Services 437 North 7th Street Fort Pierce, FL 34950 WITH COPY TO: St. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 TO RECIPIENT: SLC Habitat 702 South 6th Street Packet Pg. 74 7.D.2.a Fort Pierce, FL 34950 10. AMENDMENTS No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, ARC agrees to use said forms. 11. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. WITNESSES: ST. LUCIE COUNTY HOME CONSORTIUM ATTEST: Secretary By: Name: Title: COMMUNITY HOUSING DEVELOPMENT CORP By: President (Seal) Packet Pg. 75 7.D.2.a EXHIBIT A I. Program Description The HOME CHDO Program provides loans to non-profit organizations that qualify as a Community Development Housing Organization (CHDO) using guidelines published by the U.S. Department of Housing and Urban Development (HUD). The CHDO may use the funds to provide permanent owner -occupied housing for lower income families. The housing funds may be used by the CHDO to acquire vacant land and construct new housing, acquire and demolish a blighted structure and create new housing, or acquire and renovate existing housing. The CHDO will be expected to acquire, develop and sell the property and to identify and assist qualified buyers. Properties assisted with HOME CHDO funds must maintain affordability for a period based upon the HOME CONSORTIUM Action Plan. H. CHDO Designation To be eligible to receive HOME CHDO funding the non-profit organization must be designated as a CHDO by the Office of Housing and Community Development. Following the adoption of the Consolidated Plan, the Office of Housing and Community Development will accept applications from non-profit agencies wanting to be certified as a CHDO. To be certified, the non-profit must submit the HUD "CHDO" checklist. Non-profit agencies may submit CHDO checklists to the Office of Housing and Community Development at other times, only if the agency is requesting designation for the purpose of applying for CHDO funds from another organization, such as the Florida Housing Finance Corporation. Following a review of the information, the Office of Housing and Community Development will notify each applicant, in writing, whether the agency has met the requirements of becoming a CHDO. The agency will have the ability to appeal the decision of the Office of Housing and Community Development using the appeals process described in Section XII of these policy guidelines. III. Program Requirements All program funds must be used to create additional, permanent owner -occupied housing. All units must be sold to individuals or families that have incomes at or below 80% of the Area Median Income, as adjusted by family size. All funds must be used in compliance with the HOME Program rules and regulations. CHDO staff must submit proposed projects to the HOME CONSORTIUM for review and approval prior to expending funds. Project submissions must identify a possible homebuyer per unit. Eligible HOME CHDOs are required to provide proof of continued education for staff members administering the HOME funds. CHDOs are required to follow any new adopted HOME rulings or appropriations developed during this agreement. IV. Uses of Program Funds Funds may be used for the following eligible uses: 1. Acquisition of vacant land that will be used within 12 months for the construction of eligible units 2. Construction of new housing units. 3. Acquisition of a blighted structure that will be raised and used for the construction of new housing. 4. Acquisition of existing housing that will be renovated and sold. Packet Pg. 76 7.D.2.a 5. Costs incurred by the applicant prior to the award of funds to determine the feasibility of developing the property will be reimbursed at closing provided they are eligible for reimbursement under HOME program guidelines. 6. Appraisals, surveys and other costs incurred by the applicant to determine the feasibility of developing the property will be reimbursed at closing provided they are eligible costs under the HOME program 7. Soft costs such as appraisals, surveys and closing costs related to activities which otherwise comply with these guidelines. 8. Closing costs 9. Developer's Fees (limited as described below). 10. Acquisition, rehabilitation and or construction of housing units for rental 11. Other eligible uses as approved by the Director of the St. Lucie County Community Services Department. V. Eligible Properties All properties assisted with HOME CHDO Funds must be located in the unincorporated areas of St. Lucie County, Martin County, or Indian River County and have potable water, sewer or septic and utilities available. If public water and/or sewer are available to the site, the property must connect to the public supply. The non-profit agency must be able to obtain fee simple title to the property. The property may not be tenant occupied and if the property contains a housing unit that was built before 1978, any rehabilitation must comply with the federal lead based paint regulations. No property may be purchased from the person or entity that will develop the property or any person or entity related thereto. VI. Maximum Assistance Per Unit The maximum amount of HOME CHDO Funds that may be spent on any housing unit is the maximum amount permitted under the HOME program rules. VII. Developer's Fee In recognition that the non-profit will incur expenses to develop housing and will need to be paid for these services, the Office of Housing and Community Development will pay the successful non-profit agency a developer's fee. The developer's fee will be paid at the rate of 10% of the HOME award for housing developed with HOME funds. In return for the developer's fee, the non-profit agency is expected to provide the following services: project. 1. Acquiring the property, using due diligence to determine if the property is buildable and eligible for HOME funding. 2. Determining the type of home that will be built on the site 3. Providing the neighborhood association, if one exists, with information about the proposed project. 4. Supervising the construction of the home 5. Identifying the buyer for the home 6. Identifying a suitable lender who will make the 1 st mortgage on the property 7. Arranging for the sale of the property The schedule for the payment of the developer's fee will be disbursed at the completion of the Packet Pg. 77 7.D.2.a The receipt of a developer's fee is at the option of the applicant. The fee may be used to pay for the cost of administering the program or to purchase additional eligible housing. X. Compliance with the HOME Consortium Action Plan The CHDO is responsible for understanding the HOME Rule, the new HOME Final Rule, FY 2012 HOME Appropriation Requirements and the HOME CONSORTIUM Action Plan. XIV. Construction Management The non-profit agency will be responsible for the administration of the construction contract. The non-profit will execute all documents necessary to acquire the property, all construction contracts and issue the notice of commencement. The non-profit agency will inspect the construction and make decisions on the quality of work and approve all construction payments. All requests for payment from the contractor must be submitted to the non-profit for payment. Successful non-profit agencies should be encouraged to seek donations for materials and labor to reduce the cost of housing for residents. In recognition that applying for and coordinating the receipt of donations is an additional expense to the non- profit agency, the resulting savings for donated materials and labor is to be distributed as follows: • A minimum of 50% of the savings must be used to reduce the cost of the housing for the beneficiary • A maximum of 50% of the savings may be awarded to the non-profit agency. • These funds must be used for direct housing services for lower income residents. A maximum of $10,000 of donations may be claimed for each housing unit and the maximum credit that any non-profit agency may receive for donated materials and / or labor will be $5,000 per unit. XV. Eligibility of Beneficiaries The non-profit agency will select the beneficiaries that will purchase the units using its written criteria. In addition, the beneficiaries must have an income at or below 80% of the Area Median Income, adjusted for family size, or at the income level contained in the non -profit's application, whichever is lower and be able to obtain a first mortgage for the purchase of the property. XVI. Sale of Units All properties must be sold to eligible buyers for the appraised cost or the cost to develop the units, whichever is less. The eligible buyer may receive a subsidy to purchase the unit. The policies for the Down Payment Assistance Program will be used for this award. The subsidy will be lent at a 0% interest rate and be for a term based on the affordability period. In the event the property is sold, transferred or no longer occupied by the applicant during the affordability period, the balance of the loan will be due. Homebuyer units that are not sold within 6 months of completion of rehabilitation or construction through proof of final permit or certification of occupancy will be required to be converted to rental projects in accordance with the HOME Final Rule. XVII. Reduction or Termination of Awards It is the desire of the St. Lucie County HOME Consortium to insure that each funded agency is successful in meeting the needs of the residents. However, if the non-profit agency is unable to meet the timeline for the use of funds or use the funds for eligible activities, the Manager of the St. Lucie County HOME Consortium may terminate funding to the non-profit agency. Prior to terminating any funding, Packet Pg. 78 7.D.2.a written notice must be provided to the agency and the agency given a period of time to correct the problem. hi addition, the Manager must attempt to meet with the head of the non-profit agency and offer technical assistance to assist the agency in meeting the requirements of the program. XVIII. Administration of the Program The Manager of the St. Lucie County HOME Consortium will administer the HOME CHDO Program consistent with these policies. In the event an affected party believes that the Manager is not interpreting these policies correctly, the affected party must request a meeting with the Manager to discuss the policy in order to discuss and seek resolution on the conflict. If the affected party is unable to resolve the issue, the affected party will have the ability to appeal the Manager's decision to the St. Lucie County Community Services Director. The written appeal must be filed with the Director within 15 days of the meeting with the Manager. The affected party must, in writing, describe the issue and the reason they believe the interpretation is not accurate. The County Management Staff will consider the request, within 45 days, and make a final decision. The decision of the County Management Staff is final and may not be further appealed. XIX. Conflicts with Federal Law In the event these policies are found to conflict with federal law, now or in the future, the federal law will take precedence. The Manager of the St. Lucie County HOME Consortium is delegated to amend these policies to the extent necessary to make these policies consistent with federal law. Within five working days of making any changes to these policies, the Director must notify the County Management Staff with a description of the changes made to these policies and the reason for any changes. Packet Pg. 79 7.D.3 ITEM NO. (ID # 2095) TO: PRESENTED BY: SUBMITTED BY: I•41I 1"F BACKGROUND: AGENDA REQUEST Board of County Commissioners Diana Wesloski, Housing Manager Housing Services Division DATE: 05/20/2014 *CONSENT AGENDA\COMMUNITY SERVICES Neighborhood Stabilization Program (NSP) 1 Subrecipient Agreement The NSP program was authorized by the U.S. Housing and Economic Recovery Act of 2008. NSP funds are used to acquire and rehabilitate foreclosed and abandoned properties to help stabilize neighborhoods. St. Lucie County was allocated $3,984,601. A required 25 percent (25%) of the allocation, $840,041 was required to be used for rental housing for residents with incomes at or below 50 percent (50%) of the Area Median Income. On February 23, 2010 the Board approved entering into a Subrecipient Agreement with the FPHA for the management of rental properties acquired through the NSP Program. In accordance with Section H of the Subrecipient Agreement, Fort Pierce Housing Authority (FPHA) has requested termination of the Agreement. Treasure Coast Homeless Services Council, Inc. (TCHSC) has agreed to take on the management of the eleven (11) rental properties acquired through the NSP Program. TCHSC presently manages the NSP rental program for Indian River County. Transfer of title will be directly from the Housing Authority to Treasure Coast Homeless Service Council, Inc. (TCHSC). Staff is recommending termination of the Subrecipient Agreement with FPHA and entering into a Subrecipient Agreement with TCHSC for the management of the rental properties. PREVIOUS ACTION: March 10, 2009-Permission to apply for NSP. August 11, 2009-Acceptance of NSP grant. February 23, 2010-Board approval of the Subrecipient Agreement with Fort Pierce Housing Authority (FPHA). FINANCIAL IMPACT: Packet Pg. 80 There will be no monetary exchange with this transaction. The rental properties were previously purchased with Neighborhood Stabilization Program 1 Funds (001512-0000-170901-000). NSP Program Income will be used to cover closing expenses. RECOMMENDATION: Board approval to cancel the Subrecipient Agreement with FPHA and enter into a Subrecipient Agreement with TCHSC for the management of the rental properties acquired through the NSP Program and for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures Wyder,munity Services Dir r 5/8/2014 Updated: 5/9/2014 4:43 PM by Shane A. De Witt A Page 2 Packet Pg. 81 4 0 0 SUBRECIPIENT AGREEMENT C I [)Ada I a AGREEMENT BETWEEN ST. LUCIE COUNTY AND FORT PIERCE HOUSING DEVELOPMENT CORPORATION doing business as FORT PIERCE HOUSING AUTHORITY FOR THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP) THIS AGREEMENT, entered this ,43wday of 2010 by and between St. Lucie County, a political subdivision of the State o Florida (hereinafter called the "Grantee"), and the Fort Pierce Housing Development Corporation dba Fort Pierce Housing Authority (herein called the "Subrecipient"). WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds; and WHEREAS, the County is participating in the Neighborhood Stabilization Program (NSP) to acquire foreclosed residential properties in the unincorporated areas of the County and make them available to qualified residents of the County; and WHEREAS, the County desires to enter into an Agreement with the Subrecipient for the management of rental properties acquired and rehabilitated under the NSP Program. NOW, THEREFORE, it is agreed between the parties hereto that; I. SCOPE OF SERVICE a. Activities The Subrecipient will be responsible for administering a portion of the NSP program in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. Such program will include the following activity eligible under the NSP program: Program Delivery Activity #5 Acquisition/Rehabilitation of homes for lease to individuals with income less than 50% AMI General Administration The Subrecipient will be responsible for all aspects of property management. b. National Objective All activities funded with NSP funds must meet one of the NSP program's National Objectives: benefit low -and moderate -income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208. Packet Pg. 82 7.D.3.a The Subrecipient certifies that the activity carried out under this Agreement will meet the LMI National Objective. This National Objective will be met through providing assistance to individuals at or below 50% AMI. C. Performance Monitoring The Grantee will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated. II. TIME OF PERFORMANCE Services of the Subrecipient shall start/ n the 43c/ day of 2010 and end on the.G�_ day of l��itc� 20 The rm of this Agreement and the provisions herein shall be extended to cove any additional time period during which the Subrecipient remains in control of NSP funds or other NSP assets, including program income. III. BUDGET The budget has been incorporated into this Agreement as Exhibit A. The Grantee may require a more detailed budget breakdown than the one contained herein, and the Subrecipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the Grantee. Any amendments to the budget must be approved in writing by both the Grantee and the Subrecipient. IV. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed $840,091. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Exhibit A and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Exhibit A and in accordance with performance. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards SPECIFIED IN 24 CFR 84.21 V. NOTICES Notices required by this agreement shall be in writing and delivered via mail (,postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of receipt. All notices and other written communications under this Agreement shall be addresses to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Packet Pg. 83 0 7.D.3.a VI. VII. Communication and details concerning this contract shall be directed to the following contract representatives: Grantee County Administrator Grantee St. Lucie County [Address] 2300 Virginia Avenue [City, State, ZIP] 34982 [Telephone] (772) 462-1400 [Fax Number] SPECIAL CONDITIONS Subrecipient Executive Director Subrecipient FPHA [Address] 707 N 70' Street [City, State, ZIP] 34950 [Telephone] (772) 429-6444 [Fax Number] (772) 429-6407 Any units acquired under the NSP Activity #5, are required to maintain affordability for a minimum of 15 years. GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the Grantee's environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the Grantee's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds otherwise available under this Agreement to supplement rather than supplant funds otherwise available. B. "Independent Contractor" Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between parties. The Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker's Compensation Insurance, as the Subrecipient is an independent contractor. C. Hold Harmless Packet Pg. 84 7.D.3.a The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the services or subject matter called for in this Agreement. D. Worker's Compensation The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. E. Insurance & Bonding The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. F. Grantee Reco n tion The Subrecipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein all publications made possible with funds made available under this Agreement. G. Amendments The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this Agreement. The Grantee may, in its discretion, amend this Agreement to conform with the Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Subrecipient. H. Suspension or Termination Packet Pg. 85 7.D.3.a In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement. 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the Grantee reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. VIII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational Instructions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record Keeping 1. Records to be Maintained Packet Pg. 86 7.D.3.a The Grantee shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and g. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records required to determine the eligibility of activities; b. Records required to document the use or disposition of real property acquired or improved with CDBG assistance; c. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; d. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and e. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. 2. Retention The Subrecipient shall retain all financial records pertinent to the Agreement for a period of four (4) years. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which activities assisted under the Agreement are reported on for the first time . Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later. 3. Client Data The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but limited to, client name, address, income level or other basis for determining eligibility, and description of services Packet Pg. 87 7.D.3.a provided. Such information shall be made available to Grantee monitors or their designees for review upon request. 4. Disclosure The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Subrecipient's responsibilities with respect to services provided under this contract, is prohibited by the [insert applicable State of Federal law] unless written consent is obtained from such person receiving service and, in the case of a minor, that of responsible parent/guardian. 5. Close-outs The Subrecipient' obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to Grantee), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income. 6. Audits & Inspections All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in withholding future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with the current Grantee policy concerning Subrecipient audits and OMB Circular A-133. C. Reporting and Payment Procedures 1. Program Income The Subrecipient shall report [insert frequency of reports, e.g., "monthly"] all program income (as defined at 24 CFR 570.500 (a)) generated by activities carried out with CDBG funds made available under this contract. The use of program income by the Subrecipient shall comply with the requirements set forth at CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract Packet Pg. 88 7.D.3.a period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the Grantee at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Grantee. 2. Progress Reports The Subrecipient shall submit regular Progress Reports to the Grantee in the form, content and frequency a required by the Grantee. D. Procurement 1. Compliance The Subrecipient shall comply with the current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement. 2. OMB Standards Unless specified otherwise within this Agreement, the Subrecipient shall procure all materials, property or services in accordance with the requirements of 24 CFR 84.40- 48. 3. Travel The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but not limited to the following: 1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of CDBG National Objectives pursuant to 24 CFR. 570.208 until Packet Pg. 89 five (5) yeas after expiration of this Agreement [or such longer period of time as the Grantee deems appropriate]. If the Subrecipient fails to use CDBG-assisted real property in manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period [or such longer period of time as the Grantee deems appropriate]. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire this equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee [an equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. IX. RELOCATION, REAL PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING REPLACEMENT The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 170, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Ant -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation assistance to displaced persons as defined by CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. X. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance The Subrecipient agrees to comply with [fill in local and state civil rights ordinances here] and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age of Packet Pg. 90 7.D.3.a Discrimination Act of 1975, executive Order 11063, and Executive Order 11246 a amended by Executive Orders 11375, 11478, 12107 and 12086. 2. Nondiscrimination The Subrecipient agrees to comply with the non-discrimination in employments and contracting opportunity laws, regulations, and executive orders referenced in 24 CFR 570-607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still available. 3. Land Covenants The contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of the land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for sick transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504 The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Affirmative Action 1. Approved P', an The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee's specifications and Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for Affirmative Action Program for approval prior to the award of funds. 2. Women- and Minority --Owned Businesses (W/MBE) Packet Pg. 91 • � 7.D.3.a The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(s) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Notifications The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each its own subrecipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity Packet Pg. 92 0 9 7.D.3.a The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. Labor Standards The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of the Agreement. The Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and it's implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. "Section 3" Clause a. Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders Issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipiant's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. Packet Pg. 93 9 • The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD Programs. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Notifications The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts Packet Pg. 94 7.D.3.a The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 2. Subcontracts a. Approvals The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such agreement. b. Monitoring The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c. Content The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process The Subrecipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process. 3. Hatch Act Packet Pg. 95 • 7.D.3.a The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency. 5. Lobbying The Subrecipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an office or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form- LLL, " Disclosure Form to Report Lobbying," in accordance with its instructions; and Packet Pg. 96 c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subwards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly: d. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. 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. 6. Co t If this contract results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. 7. Religious Activities The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as worship, religious instruction, or proselytization. XI. ENV1RO ViENTA.1LC ONDI T IONS A. Air and Water The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: - Clean Air Act, 42 U.S.C., 7401, et seq.; - Federal Water Pollution Control Act, as amended, 33U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issues thereunder; - Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). Packet Pg. 97 C. Lead -Based Paint The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 by properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or that are included on a Federal, state, or local historic property list. XII. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. XIII. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise the terms of this Agreement. XIV. WAIVER The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XV. ENTIRE AGREEMENT Packet Pg. 98 This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect this Agreement. [NOTE: For the above sections, if the Subrecipient is a governmental or quasi -governmental agency, the applicable sections of 24 CFR Part 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, " and OMB Circular A-87 would apply.] Date �� e? Z ZOO IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. ST. LUCIE COUNTY or Executive Officer Attes I` � CLERK FORT PIERCE DEV OP NT CORPORATION Title Ileix15: aa.v,ctorL 7W�Z4 Title / APPROVED AS TO FORM AND CORREC het, COUNTY A T 1 EY Packet Pg. 99 0 1 0 SUBRECIPIENT AGREEMENT CHECKLIST The recommended provisions for a written Agreement between grantees and subrecipients (subgrantees) include the following provisions (irrespective of activity): 1. National Objective Compliance/Eligibility 2. Scope of Work 3. Time of Performance 4. Personnel Assigned to Scope of Work 5. Levels of Performance 6. Budget 7. Project Schedule/Milestones 8. Compensation and Method of Payment 9. Program Income 10. Record -Keeping Requirements 11. Reporting Requirements 12. Public Access to Program Records 13. Record Retention 14. Grant Closeout Procedures 15. Uniform Administrative and Program Management Standards 16. Use and Reversion of Assets 17. Real Property 18. Other Program Requirements 19. Suspension and Termination 20. Compliance with Laws/Regulations 21. Antidiscrimination/Affirmative Action and Equal Employment Opportunity 22. Financial Management 23. Audits 24. Religious and Lobbying Activities 25. Budget Modifications 26. Monitoring 27. Conflict of Interest 28. Procurement Standards and Methods 29. Environmental Issues The format and specific language of each Agreement could vary substantially, depending on the legal requirements of each state. Packet Pg. 100 0 7.D.3.a Rece(ved by APR 0 9'Pt1 St. Lucie County Community Services LO M 0 N E CD aM Q c m .Q U d L Cn Q x ♦1 U- CD E M U 2 Q Packet Pg. 101 7.D.3.b SUBRECIPIENT AGREEMENT AGREEMENT BETWEEN ST. LUCIE COUNTY AND TREASURE COAST HOMELESS SERVICES COUNCIL, INC. FOR THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP) THIS AGREEMENT, entered this day of , 2014 by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter called the "Grantee"), and TREASURE COAST HOMELESS SERVICES COUNCIL, INC., a Florida non-profit corporation (herein called the "Subrecipient"). WHEREAS, the Grantee is participating in the Neighborhood Stabilization Program 1 (NSP1 ) to acquire foreclosed residential properties in the unincorporated areas of the County and make them available to qualified residents of the County; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds; and WHEREAS, the Grantee desires to enter into an Agreement with the Subrecipient for the management of rental properties acquired and rehabilitated under the NSP 1 Program. NOW, THEREFORE, it is agreed between the parties hereto that: I. SCOPE OF SERVICE a. Activities The Subrecipient will be responsible for administering a portion of the NSP1 program in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. Such program will include the following eligible activity under the NSP1 program: Program Delivery Activity #5 Acquisition/Rehabilitation of homes for lease to individuals with income less than 50% AMI General Administration The Subrecipient will be responsible for all aspects of property management. b. National Objective All activities funded with NSP1 funds must meet one of the NSP1 program's National Objectives: benefit low -and moderate -income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208. 1 Packet Pg. 102 7.D.3.b The Subrecipient certifies that the activity carried out under this Agreement will meet the LMI National Objective. This National Objective will be met through providing assistance to individuals at or below 50% AMI. c. Performance Monitoring The Grantee will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated. II. TIME OF PERFORMANCE Services of the Subrecipient shall start on the day of , 2014 and end on February 15, 2028. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of NSP 1 funds or other NSP assets, including program income. The term of this Agreement may be renewed every three (3) years thereafter subject to the prior written approval of the parties. Upon the termination date of the Agreement as provided herein, the property will no longer be subject to the affordability requirements set forth herein and will be under the total control of the sub -recipient. III. VALUATION OF NSP 1 PROPERTY It is expressly agreed and understood that the total assessed value of the property donated to the Sub -recipient at time of execution of this Agreement is $708,300, and the total purchase and rehabilitation cost paid by the Grantee is $1,187,125. Expenses for general administration shall not exceed 15% of the rental income received by the Subrecipient for the subject properties. The Subrecipient shall retain the remainder of the Program Income which shall be used only for NSP related housing items. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21 IV. NOTICES Notices required by this agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of receipt. All notices and other written communications under this Agreement shall be addresses to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. 2 Packet Pg. 103 7.D.3.b V. M Communication and details concerning this contract shall be directed to the following contract representatives: (;rantaa County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 Telephone: (772) 462-1400 Facsimile: (772) 462-2131 Subrecipient Executive Director Treasure Coast Homeless Services Council, Inc. 2525 St. Lucie Avenue Vero Beach, FL 32960 Telephone: (772) 567-7790 Facsimile: (772) 567-7790 SPECIAL CONDITIONS With Copy to: County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 Telephone: (772) 462-1441 Facsimile: (772) 462-1440 Any units acquired under the NSP 1 Activity #5, are required to maintain affordability for a minimum of fifteen (15) years as set forth in the Inventory List attached hereto and incorporated herein as Exhibit A. GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (NSP)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the Grantee's environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the Grantee's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds otherwise available under this Agreement to supplement rather than supplant funds otherwise available. 3 Packet Pg. 104 7.D.3.b B. "Independent Contractor" Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between parties. The Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker's Compensation Insurance, as the Subrecipient is an independent contractor. C. Sub recipient Insurance and Bonding The Subrecipient shall procure and maintain during the life of this Agreement insurance of the types and subject to the limits set forth below. The Subrecipient shall also provide the Grantee with evidence of this insurance in the form of Certificates of Insurance which shall be subject to the Grantee's approval for adequacy. The Grantee shall be an Additional Insured on policies of Commercial General Liability, and Commercial Auto Liability with respect to all claims arising out of the work performed under this Agreement. The Grantee shall be an additional insured and shall receive the same notification rights that are provided to the first named insured as respects cancellation and nonrenewal. THIS ENDORSEMENT MUST BE INSERTED ONTO THE CERTIFICATE OF INSURANCE. If sub -contractors are used by the Subrecipient, it shall be the responsibility of the Subrecipient to ensure that all its sub -contractors comply with all the insurance requirements contained herein relating to such sub -contractors. Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Workers Compensation The Subrecipient shall provide and maintain during the life of this Agreement, at his, its or their own expense, Workers' Compensation insurance coverage to apply for all employees for Florida statutory limits. Coverage B, Employers Liability, shall be written for a minimum liability at $500,000.00 per occurrence. 2. Commercial General Liabil The Subrecipient shall provide and maintain during the life of this Agreement, at his, its or their own expense, Commercial General Liability insurance on an occurrence basis for a minimum combined single limit of $1,000,000.00 per occurrence; $2,000,000.00 general aggregate for claims of bodily injury including death, property damage and personal injury. Contractual Liability coverage shall be included. 21 Packet Pg. 105 7.D.3.b 3. Commercial Auto Liability The Subrecipient shall provide and maintain during the life of this Agreement, at his, its or their own expense, Business Commercial Auto Liability for claims of bodily injury and property damage for minimum limits of $1,000,000.00 combined single limit. 4. Other Insurance Provisions The General Liability and Auto Liability policies shall contain or be endorsed to contain, the following provisions: a. The Grantee, its Officers, Officials, Employees, Agents, and Volunteers are to be covered as additional insured's for any and all liability arising out of the Subrecipient's performance of this Agreement, or out of automobiles owned, leased, hired, or borrowed by the Subrecipient. The coverage shall contain no special limitations on scope of protection offered to the Grantee, its Officers, Officials, Employee, Agents and Volunteers. b. The Subrecipient's insurance coverage shall be primary insurance as respects the Grantee, its Officers, Officials, Employees, Agents and Volunteers for Subrecipient's activities. Any insurance or self-insurance maintained by the Grantee, its Officers, Officials, Employees, Agents, or Volunteers shall be in excess of the Subrecipient's insurance and shall not contribute with it. C. Any failure to comply with the reporting provisions of the policy shall not affect coverage provided to the Grantee, its Officers, Officials, Employees, Agents, or Volunteers. d. The Subrecipient's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of insurer's liability. e. The Grantee shall carry sufficient insurance coverage to protect the property subject to this Agreement from loss due to theft, fraud and/or undue physical damage, and any other event that may cause damage to NSP 1 dwellings, including but not limited to hurricane damage. The Grantee shall invoice the Subrecipient on a quarterly basis for the cost of such insurance coverage. The Subrecipient shall pay the invoice within thirty (30) days of the date of receipt. 5 Packet Pg. 106 7.D.3.b D. Indemnification The Subrecipient covenants and agrees at all times to save, hold, and keep harmless the Grantee, its Officials, Employees, and Agents, and indemnify the Grantee, its Officials, Employees, and Agents, against any and all claims, including but not limited to any claims under Chapter 218, Florida Statutes (Florida's Prompt Payment Act), demands, penalties, judgments, court costs, reasonable attorney's fees for personal injury and loss of property to the extent arising out of or in any way connected or arising out of the Subrecipient's negligence, recklessness or intentional wrongful conduct in the performance of this Agreement. The Subrecipient hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification herein provided. It is the specific intent of the parties hereto that the foregoing indemnification provision complies with Section 725.06, Florida Statutes. The Subrecipient, without exemption, shall further indemnify and hold harmless, the County, its employees, representatives and elected officials from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or item manufactured by the Subrecipient. Further, if such a claim is made, or is pending, the Subrecipient may, at its option and expense, procure for the Grantee the right to use, replace, or modify the item to render it non - infringing. If none of the alternatives are reasonably available, the Grantee agrees to return the article on request to the Subrecipient and receive reimbursement. If the Subrecipient used any design, device or materials covered by letters, patent or copyright, it is mutually agreed and understood, without exception, that the prices for such items shall include all royalties or cost arising from the use of such design, device or materials in any way involved in the work. C. Grantee Recognition The Subrecipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein all publications made possible with funds made available under this Agreement. D. Amendments The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by Grantee's governing body. Such amendments shall not invalidate this Agreement, nor 0 Packet Pg. 107 7.D.3.b relieve or release the Grantee or Subrecipient from its obligations under this Agreement. The Grantee may, in its discretion, amend this Agreement to conform with the Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Subrecipient. E. Susaension or Termination In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to), the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement. 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission of reports by the Subrecipient to the Grantee that are incorrect or incomplete in any material respect. VII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient shall administer its program in conformance with OMB Circulars A- 122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational Instructions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. 7 Packet Pg. 108 7.D.3.b B. Documentation and Record Keeping 1. Records to be Maintained The Grantee shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the NSP program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with NSP assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the NSP program; f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and g. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records required to determine the eligibility of activities; b. Records required to document the use or disposition of real property acquired or improved with NSP assistance; c. Records documenting compliance with the fair housing and equal opportunity components of the NSP program; d. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and e. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. In addition, the Subrecipient 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 Subrecipient in conjunction with this Agreement. Specifically, the Subrecipient shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the Grantee in order to perform the service. b. Provide the public with access to public records on the same terms and conditions that the Grantee would provide the records and at a cost that 0 Packet Pg. 109 7.D.3.b does not exceed the cost provided in state law 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 Grantee all public records in possession of the contractor upon termination of the contract 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 Grantee in a format that is compatible with the information technology system of the Grantee. 2. Retention The Subrecipient shall retain all financial records pertinent to the Agreement for a period of six (6) years from the date of the fifteen (15) year affordability period. The retention period begins on the date of the submission of the Grantee's annual performance and evaluation report to HUD in which activities assisted under the Agreement are reported on for the first time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later. 2. Client Data The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but limited to, client name, address, income level or other basis for determining eligibility, and description of services provided. Such information shall be made available to Grantee monitors or their designees for review upon request. 3. Disclosure The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Subrecipient's responsibilities with respect to services provided under this contract, is prohibited by law unless written consent is obtained from such person receiving service and, in the case of a minor, that of responsible parent/guardian. 0 Packet Pg. 110 7.D.3.b 4. Close-outs The Subrecipient' obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to Grantee), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over NSP1 funds, including program income. 5. Audits and Inspections All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in withholding future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with the current Grantee policy concerning Subrecipient audits and OMB Circular A-133 and the Neighborhood Stabilization Program (NSP). C. Reporting and Payment Procedures 1. Program Income The Subrecipient shall report quarterly all program income (as defined at 24 CFR 570.500 (a)) generated by activities carried out with NSP funds made available under this contract. The use of program income by the Subrecipient shall comply with the requirements set forth at CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balances on hand. The Subrecipient shall retain all unexpended program income at the end of the contract period. 10 Packet Pg. 111 7.D.3.b 2. Progress Reports The Subrecipient shall submit regular Progress Reports to the Grantee in the form, content and frequency as required by the Grantee. D. Procurement 1. Compliance The Subrecipient shall comply with the current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement. 2. OMB Standards Unless specified otherwise within this Agreement, the Subrecipient shall procure all materials, property or services in accordance with the requirements of 24 CFR 84.40- 48. 3. Travel The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but not limited to the following: 1. The Subrecipient shall transfer to the Grantee any NSP1 funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of NSP 1 National Objectives pursuant to 24 CFR 570.208 in accordance with the schedule set forth in the Inventory List. If the Subrecipient fails to use NSP-assisted real property in manner that meets a NSP National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-NSP 1 funds for 11 Packet Pg. 112 7.D.3.b acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of schedule set forth in the Inventory List. 3. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire this equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the NSP program or (b) retained after compensating the Grantee [an equal to the current fair market value of the equipment less the percentage of non-NSP 1 funds used to acquire the equipment]. VIII. RELOCATION. REAL PROPERTY ACQUISITION AND ONE -FOR -ONE HOUSING REPLACEMENT The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 170, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Ant -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation assistance to displaced persons as defined by CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a NSP 1-assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. IX. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance The Subrecipient agrees to comply with the Florida Civil Rights Act of 1992, as amended, and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age of Discrimination Act of 1975, executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 12 Packet Pg. 113 7.D.3.b 2. Nondiscrimination The Subrecipient agrees to comply with the non-discrimination in employments and contracting opportunity laws, regulations, and executive orders referenced in 24 CFR 570-607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still available. 3. Land Covenants The contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of the land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504 The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Affirmative Action 1. Approved Plan The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee's specifications and Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for Affirmative Action Program for approval prior to the award of funds. 13 Packet Pg. 114 7.D.3.b 2. Women- and Minority -Owned Businesses (W/MBE) The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(s) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish- speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Notifications The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each its own subrecipients or subcontractors. 14 Packet Pg. 115 7.D.3.b C. Employment Restrictions 1. Prohibited Activity The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. Labor Standards The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of the Agreement. The Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874 et seq.) and it's implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 2. "Section 3" Clause a. Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the 15 Packet Pg. 116 7.D.3.b Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within residing within the metropolitan area in which the NSP-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the NSP-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD Programs. The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 16 Packet Pg. 117 7.D.3.b b. Notifications The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 2. Subcontracts a. Approvals The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such agreement. b. Monitoring The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. 17 Packet Pg. 118 7.D.3.b c. Content The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process The Subrecipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process. 3. Hatch Act The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. c. No covered persons who exercise or have exercised any functions or responsibilities with respect to NSP1-assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the NSP1-assisted activity, or with respect to the proceeds from the NSP1-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, Subrecipient, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency. m Packet Pg. 119 7.D.3.b 3. Lobbying The Subrecipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an office or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, " Disclosure Form to Report Lobbying," in accordance with its instructions; and c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly: d. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. 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. 4. Copyright If this contract results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. 5. Religious Activities The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or prose lytization. 19 Packet Pg. 120 7.D.3.b XI. ENVIRONMENTAL CONDITIONS A. Air and Water The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: - Clean Air Act, 42 U.S.C., 7401, et seq.; - Federal Water Pollution Control Act, as amended, 33U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issues thereunder; - Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all NSP-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 by properly notified that such properties may include lead - based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. 20 Packet Pg. 121 7.D.3.b In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or that are included on a Federal, state, or local historic property list. XII. ADDITIONAL FEDERAL REGULATIONS The parties acknowledge and agree that the applicable section of 24 CFR Part 85, "Uniform Administrative Requirements for Grants and Cooperative Agreement to State and Local Government," and OMB Circular 1-87 shall apply to this Agreement. 131111=11TI4XII 111kWill If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. XIV. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise the terms of this Agreement. XV. WAIVER The Grantee's failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision XVI. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect this Agreement. 21 Packet Pg. 122 7.D.3.b IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. ATTEST: DEPUTY CLERK ATTEST: SECRETARY S:\atty\agreemnt\TC Homeless NSP Subrecipient.doc BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR DATE: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY TREASURE COAST HOMELESS SERVICES COUNCIL, INC. BY: DATE: 22 PRESIDENT (SEAL) Packet Pg. 123 7.D.3.b 23 r Q Packet Pg. 124 ITEM NO. (ID # 2017) TO: PRESENTED BY: SUBMITTED BY: I•41I 1"F BACKGROUND: AGENDA REQUEST Board of County Commissioners James Oppenborn, Coastal Res. Supervisor Coastal Resources Division/Erosion District DATE: 05/20/2014 *CONSENT AGENDA\MOSQUITO CONTROL & COASTAL MGMT. SERVICES Grant Acceptance - Artificial Reef Construction (FWC#13131) The Mosquito Control & Coastal Management Services Department received administrative approval to submit a grant to the Florida Fish & Wildlife Conservation Commission on March 15, 2013 for the purpose of deploying artificial reef material at the permitted North County Nearshore site. The Artificial Reef Program proposed to provide local match in the amount of $6,500 for permit -required pre -deployment surveys, deployment of materials and post construction monitoring. A Budget Resolution has been prepared to budget the anticipated grant funds and Work Authorization No. 1 has been prepared to have the work performed by McCulley Marine Services, Inc. PREVIOUS ACTION: March 15, 2013 - 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 $6,500. There are sufficient funds budgeted in account string # 184-3710-534000-39003 (Other Contractual Services). RECOMMENDATION: Board acceptance of a $59,000 grant from the Florida Fish & Wildlife Conservation Commission (Agreement #13131) for the construction of an 1,500 ton artificial reef and approval for the Chair to sign the agreement as approved by the County Attorney. [fue ►] Til►�ifi;1-[9P►I_Ts"191 F Packet Pg. 125 Coordination/Signatures inUn—COa--,,z.'s, osquito WContro Mgt, S(Erfi2,[H6i4 Marie do ff a ag&Aent & Budget Director 5/2/2014 anie 5. McIntyre, C my ttorney 5/5/2014 ob entkofsky, Deputy C my A ministrato /2014 Updated: 5/2/2014 11:15 AM by Sherry Burroughs Page 2 Packet Pg. 126 a i FWC Agreement No, 131 STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AGREEMENT No. 13131 CFDA Title(s): Federal Aid in Sport Fish Restoration Program CFDA No(s).: 15.605 Name of Federal Agency(s): U.S. Fish and Wildlife Service Federal Award No(s): FL-F-F13AF01224 (F-42-28) Federal Award Year(s): 2013 - 2014 Federal Award Name(s): Marine Artificial Reef Planning, Development, Administration, and Assessment in Florida: A Cooperative State/Local Government Effort (F-42) CSFA Title(s).: Florida Artificial Reef Program CSFA No(s),: 77-007 State Award No(s).: FWC-13131 State Award Year(s): 2013 - 2014 State Award Name(s): St. Lucie County Artificial Reef Construction 2013-14 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 the St. Lucie County Board of County Commissioners, 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 Site 4 permitted area located approximately 5.6 nautical miles on a bearing of 61 degrees from Fort Pierce Inlet in the Atlantic Ocean at a depth of 57 feet; and, WHEREAS, Grantee has been awarded a grant entitled "St. Lucie County Artificial Reef Construction 2013-14", Grant number FWC-13131 ; 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 rninimurn 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. Ver. October 15, 2013 P Packet Pg. 127 FWC Agreement No. 131 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 tinder 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 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 Party to sign, and shall remain in effect through Q$3I/2 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/tier 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 0143f2t1t 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 $59,000. B. Payments. The Commission shall pay the Grantee for satisfactory performance of tine 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 set -vices 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 fatal 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 firtrds for payment. Further, pursuant to Section 215.971(1)(d), F.S., the Commission may only reimburse tine Grantee for allowable costs resulting from obligations incurred during tine agreement period specified in Paragraph three (3). Ver. October 15, 2013 P 7 Packet Pg. 128 FWC Agreement No. 131 C. Invoices. Each invoice shall include the Commission Agreement Number and the Grantee's Federal Employer Identification (FEID) Number, Invoices may be submitted electronically. 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 pre -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 filture 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 finds for this Agreement, and as to what constitutes an "annual appropriation" of funds to complete this Agreement. If such finds 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 finds 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 otberwise. 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 tine 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; http://,.«vw.fldfs.coin/aadir/direct deposit_ web/Vendors.htm Ver, October 15, 2013 P Packet Pg. 129 FWC Agreement No. 131 Questions should be directed to the State of Florida's EFT Section at (850) 413-5517. Once 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 hcreto 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 fiords or fiords 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 tirnely manner, the Commission shall be entitled to charge interest at the lawfitl rate of interest established pursuant to Section 55.03(1), F.S., on the outstanding balance beginning forty (40) calendar days alter 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, 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. hr 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 frill 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 tirneframe. 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 Set -vices, 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. The Grantee acknowledges that Property being improved is titled to the State of Florida, belongs to the State of Florida, and is not subject to lien of any kind for any reason. The Grantee shall include notice of such exemptions in any subcontracts and purchase orders issued hereunder Ver. October 15, 2013 P Packet Pg. 130 FWC Agreement No. 131 S. 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 Unilateral 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. 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 cacti deliverable within tine 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. Funds Availability, 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 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 215.97l(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 cacti deliverable within the time frame specified by the Scope of Work, the budget amount allocated for that deliverable may be deducted from the Grantee's payment. Itn addition, pursuant to Section 215.971(t)(c), the Ver, October 15, 2013 P Packet Pg. 131 FWC Agreement No, 131 Commission shall apply any additional financial consequences, such as liquidated damages, 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, Iu 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. FOR THE COMMISSION: FOR THE GRANTEE: Grant Manager Grant Manager Keith Mille James Oppenborn Environmental Specialist III Coastal Resources Supervisor Division of Marine Fisheries Management St. Lucie County 2590 Executive Center Circle East, Suite 203 3150 Will Fee Road Tallahassee, FL 32301 Fort Pierce, FL 34982 Phone: (850) 617-9633 Phone: (772) 462-1713 Fax: (850) 487-4847 Fax: (772) 462-1565 keith.mille@juno.com oppenboriij@stucieco.org 12, AMENDMENT, 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, 13, INTELLECTUAL PROPERTY RIGHTS, A. Grantee's Preexisting Intellectual Property Rights, Unless specifically addressed in the Attaclunent A, Scope of Work, intellectual property rights to tine Grantee's preexisting property will remain with the Grantee. The Grantee shall indemnify and hold harmless the Commission and its employees from any liability, including costs, expenses, and attorney's fees, for or on account of any copyrighted, patented, or un-patented invention, process or article manufactured or supplied by tine 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 Ver. October 15, 2013 P Packet Pg. 132 FWC Agreement No. 131 developed by the Grantee tinder this Agreement for the Commission shall be handled in the manner specified by the applicable state statute and/or federal program requirements. 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 tine 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, tine 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. Tire Grantee shall perform as an independent Grantee and not as all 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 tine 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 refiise 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 security or other requirements. Such refinsal shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Commission 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 tinder 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. 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 Ver. October 15, 2013 P Packet Pg. 133 FWC Agreement No. 131 this Agreement. The Grantee must provide the Commission with the names of any subcontractor considered for work under this Agreement; the Commission reserves the right to reject any subcontractor. The Grantee agrees to be responsible for all work performed and all expenses incurred with the project. Any subcontract arrangements must be evidenced by a written document available to the Commission upon request. The Grantee further agrees that the Commission shall not be liable 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. The Grantee, at its expense, will defend the Grantor against such claims. The following provisions apply, in addition to any terms and conditions included in Attachment A, Scope of Work. B. Grantee Payments to Subcontractor. If subcontracting is permitted pursuant to Paragraph A, above, the Grantee agrees to make payments to the subcontractor within seven (7) 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 seven (7) 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 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 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. 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 disclose the name of any officer, director, employee, or other agent who is also an employee of the State of Florida. Grantee shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the Grantee or its affiliates. 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, agents or subcontractor(s) 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. Ver. October 15, 2013 Pto Packet Pg. 134 FWC Agreement No. 131 A. Reasonably Associated Insurance. During the term of the Agreement, the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits as may, be reasonably associated with the Agreement, Providing and maintaining adequate insurance coverage is a material obligation of the Grantee, and failure to maintain such coverage may void the Agreement. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to write policies in Florida. B. Workers Compensation. To the extent required by Chapter 440, F.S., the Grantee will either be self -insured for Workers Compensation claims, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project, with minimum employers' liability limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policy shall cover all employees engaged in any contract work. If any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of tine latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law (Chapter 440, F.S.). In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Grantee, for the protection of its employees not other %vise protected. Employers who have employees who are engaged in work in Florida must use Florida rates, rules, and classifications for those employees. C. General Liability Insurance. By execution of this Agreement, unless the Grantee is a state agency or subdivision as defined by Section 768.28(2), F.S., or unless otherwise provided for in the Scope of Work, the Grantee shall provide reasonable and adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. A self-insurance program established and operating under the laws of the State of Florida may provide such coverage. D. Insurance Required for Performance. During the Agreement term, the Grantee shall maintain any other types and forms of insurance required for the performance of this Agreement as required in Attachment A, Scope of Work. E. Written Verification of Insurance. Upon execution of this Agreement, the Grantee shall provide the Commission written verification of the existence and amount for each type of applicable insurance coverage. Within thirty (30) days of tine effective date of the Agreement, the Grantee shall furnish the Commission's Grant Manager proof of applicable insurance coverage by standard Association for Cooperative Operations Research and Development (ACORD) form certificates of insurance. Ill the event that any applicable coverage is cancelled by the insurer for any reason, the Grantee shall immediately notify the Commission's Grant Manager in writing of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within fifteen (15) business days after the cancellation of coverage. F. Commission Not Responsible for Insurance Deductible. The Commission shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. Tile payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. 18. PUBLIC ENTITY CRIMES. Ver. October 15, 2013 P Packet Pg. 135 FWC Agreement No. 131 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 not be awarded or perform worts 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: lnttp://www.dms.m_yflorida.coin/btisiness operations/state --purchasing/vendor�information/convic ted_ suspended _ discriminatery�complaints �vendor fists 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 tine 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 frail 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. False Certification —Termination Notice. If the Commission determines that the Grantee has submitted a false certification, tine Commission will provide written notice to the Grantee. Unless the Grantee demonstrates in writing, within ninety (90) days of receipt of the notice, that the Commission's determination of false certification was made in error, the Commission shall bring a civil action against tine Grantee. If the Commission's determination is upheld, a civil penalty equal to the greater of two million dollars ($2 million) or twice the amount of this Agreement shall be imposed on the Grantee, and the Grantee will be ineligible to bid on any agreement with an agency or local governtnental entity for three (3) years after the date of the Commission's determination of false certification by the Grantee. D. 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 fiends, including any funds obtained through Vet•. October 15, 2013 Pa Packet Pg. 136 FWC Agreement No. 131 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 hi 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. B. Pursuant to Section 119.0701, F.S., tlue Grantee shall comply with the following: L Keep and maintain public records that ordinarily and necessarily would be required by the Commission in order to perform the service. H, 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 other %vise provided by law. iii. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. iv. 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 maintain the security of any information created under this Agreement that is identified or defined as "confidential" in Attachment A, Scope of Work. The Grantee shall not divulge to third Parties any confidential information obtained by the Grantee or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Agreement work. To ensure confidentiality, the Grantee shall take appropriate steps regarding its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Agreement. 23. RECORD KEEPING REQUIREMENTS. 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 Ver. October 15, 2013 Pa 11 -Flo i- Packet Pg. 137 FWC Agreement No. 131 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 federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website: www.USASpending.gov. Grant recipients awarded a new Federal grant greater than or equal to $25,000 awarded oil 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 215.97, 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 tine 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 nornexpendable 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 fiends 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 tine Commission or unless otherwise specifically provided for in Attaclunent A, Scope of Work. 26. FEDERAL FUNDS. This Contract 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 fedcral 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. Ver. October 15, 2013 Pa Packet Pg. 138 FWC Agreement No. 131 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) ■ 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 -I 10, 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 Executive Order 12549, Debarment and Suspension, the Grantee shall agree and certify that neither it, nor its principals, is presently Ver. October 15, 2013 Pa Packet Pg. 139 FWC Agreement No. 131 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 tine Certification Regarding Debarment, Suspension, and Other Responsibility Matters. 28. PROHIBITION AGAINST LOBBYING. A. Grantee Certification — Payments to Influence. The Grantee certifies that no Federal appropriated hinds 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. If any non-federal finds are used for lobbying activities as described above in connection with this Agreement, the Grantee shall submit Standard Form-LLL, "Disclosure Form to Report Lobbying", and shall file quarterly updates of any material changes. 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. hi accordance with Section 216.347, F.S., the Grantee is hereby prohibited fi•om using funds provided by this Agreement for the purpose of lobbying tine 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, hnc. (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, sunder this contract shall be purchased from [PRIDE] In the same manner and under the same procedures set Ver. October 15, 2013 Pa Packet Pg. 140 FWC Agreement No. 131 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 htt ://Nv�v�v. ride - enter rises.or . 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: 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 littp:/hv",�v.respectofflorida.org. 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 terns 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 lie 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 Ver. October 15, 2013 Pa Packet Pg. 141 FWC Agreement No. 131 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 Party 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 indemnify, defend, and hold harmless the State and the Commission, and their officers, agents, and employees, fi•om 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. NON-DISCRIAI NATION. 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 VENUE. 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 tinder 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 rneruit. Ver. October 15, 2013 Pa Packet Pg. 142 FWC Agreement No. 131 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. EAIPLOYhiENT ELIGIBILITY VERIFICATION (E-VERIFY). A. Requirement to Use E-Verify. Executive Order I 1-116, signed May 27, 2011, by the Governor of Florida, requires Commission contracts in excess of nominal value to expressly require the Grantee to: I.) 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 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 1-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in tine 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 H.D. Le. of the MOU. There is no charge to employers to use E-Verify. Tine Department of Homeland Security's E- Verify system can be found online at http://www.dhs.goi,/files/programs/gc_ l 185221678150.slntnn 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 MAJEURE 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 all reasonable measures to mitigate any and all resulting delay or disruption in the Part'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 Party. In the case of any delay the Grantee believes is excusable under this paragraph, Grantee shall notify tine Commission's Grant Manager in writing of the Ver. October 15, 2013 Pa Packet Pg. 143 FWC Agreement No. 131 delay or potential delay and describe the cause of the delay either: (1) within ten (10) 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. THE 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 paid, due to any of the causes described in this paragraph, after the causes have ceased to exist, the Grantee shall perfohn 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 do any or all of the following: (1) accept allocated performance or deliveries from the Grantee, provided that the Grantee grants preferential treatment to the Commission with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by the Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate the Agreement in whole or in part. 40. TIME IS OF THE ESSENCE. Time is of the essence regarding the performance obligations set forth in this Agreement. Any additional deadlines for performance for the Grantee's obligation to timely provide deliverables under this Agreement including but not limited to timely submittal of reports, are contained in Attachment A, Scope of Work. 41. ENTmE 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 otlrcnvise 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. Ver. October 15, 2013 Pai. IQ -V 1 a -- Packet Pg. 144 FWC Agreement No. 131 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: r Name: Date: Attachments in this Agreement include the following: Attachment A Scope of Work Attaclunent B 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 Subcontractors Attachment G Certification of Completion Ver. October 15, 2013 Pa i, Packet Pg. 145 Attachment A -- SCOPE OF WORK 7.H.a Project Name: St. Lucie County Artificial Reef FWC Agreement No. 13131 Construction 2013-14 1. DESCRIPTION OF GOODS/ SERVICES PROCURED, OR PROJECT WORKPLAN A. DESCRIPTION OF GOODS / 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 and other clean concrete construction materials in one patch reef within the St. Lucie County Site 4 (North County Near shore Site) permitted area. The patch reef will consist of concrete materials placed as a single pile of about 1,500 tons each (3 barge loads). The St, Lucie County Site 4 (North County Near shore Site) permitted area is a square permitted zone measuring 1 n mile on a side, encompassing approximately one square nautical mile of area in federal waters off St Lucie County . This site is permitted to St Lucie County by the U.S. Department of the Army, Corps of Engineers Permit Number 2008-3568 (II'-GGL), which is valid until January 16, 2019. The permitted site is located approximately 5.6 nautical wiles oil a bearing of 61' from Ft. Pierce Inlet, Florida. The one patch reef will be located near the center of the permitted area at coordinates: 27' 31.874' N and 80' 10.623' W at a depth of 57 feet. The artificial reef construction activity to be fiunded consists of the following elements: MATERIALS 1. Artificial reef materials must consist of a total of at least 1,500 tons of clean concrete culverts, concrete railroad ties, concrete light poles, concrete storm water basins and other clean concrete construction materials, or other 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 torunage (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 artifrficial 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. Version 1.0 — June 2013 Attachment A, Page 1 of 12 Packet Pg. 146 Attachment A — SCOPE OF WORK 7.H.a Project Name: St. Lucie County Artificial Reef FWC Agreement No. 13131 Construction 2013-14 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.myAvc.com/conservationtsaltwater/artificial-reefs. DEPLOYMENT AND MATERIALS PLACEMENT 6. 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 (+/-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 oft -loading of materials. The tug or transport vessel shall meet all U.S. 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-loadnrg 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 deployed as one patch reef near the center of the permitted area at coordinates: 27' 31.874' N and 80' 10.623' W at a depth of 57 feet. 8. The minimum vertical clearance of 30 ft. shall be maintained above the highest point of the reef material in the St. Lucie County Site 4 Artificial Reef Site (in accordance with the special conditions of the US Army Corps of Engineers permit number SAJ- 2008-3568 (IP-GGL)). 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 hug 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. Version 1.0 — June 2013 Attachment A, Page 2 of 12 Packet Pg. 147 Attachment A -- SCOPE OF WORK 7.H.a Project Name: St. Lucie County Artificial Reef FWC Agreement No. 13131 Construction 2013-14 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 confirm 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. 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 be in possession of the GRANTEE's observer and the subcontractor when on site. The GRANTEE's obscrver 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(l)(a), F.A.C. No more than $5,000 or 10% (whichever is less) of project fluids granted under the program may be expended for `engineering services', Any finds 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. If 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 units) used to navigate to the site (model number). Describe whether differential or WAAS coordinates were recorded, Compare the dive locations to deployment location numbers. I -low 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. Version L0 — June 2013 Attachment A, Page 3 of 12 Packet Pg. 148 Attachment A -- SCOPE OF WORK 7.H.a Project Name: St. Lucie County Artificial Reef FWC Agreement No. 13131 Construction 2013-14 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 the subcontractor. This liability, assumption of risk and responsibility shall remain with the subcontractor until the materials are deployed at the permitted reef site i►i 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 COMMSSION 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 Atlantic Ocean. The proposed artificial reefs will make fisheries resources available for. the long term benefit of local Florida residents and visitors. Version 1.0 -- June 2013 Attachment A, Page 4 of 12 Packet Pg. 149 Attachment A -- SCOPE OF WORK 7.H.a Project Name: St. Lucie County Artificial Reef FWC Agreement No. 13131 Construction 2013-14 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 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 clean concrete culverts, concrete railroad ties, concrete light poles, concrete storm water basins and other clean concrete construction materials in one patch reef within the St. Lucie County Site 4 (North County Near shore Site) permitted area. The patch reef will consist of concrete materials placed as a single pile of about 1,500 tons each (3 barge loads). The St. Lucie County Site 4 (North County Near shore Site) permitted area is a square permitted zone measuring 1 n mile on a side, encompassing approximately one square nautical mile of area in federal waters off St Lucie County. This site is permitted to St Lucie County by the U.S. Department of the Army, Corps of Engineers Permit Number 2008-3568 (IP-GGL), which is valid until January 16, 2019. The permitted site is located approximately 5.6 nautical miles on a bearing of 61' fi-om Ft. Pierce Inlet, Florida. The one patch reef will be located near the center of the permitted area at coordinates: 27' 31.874' N and 80' 10.623' W at a depth of 57 feet. i. NUnimum Level of Performance Version 1.0 — June 2013 Attachment A, Page 5 of 12 Packet Pg. 150 Attachment A — SCOPE OF WORK 7.H.a Project Name: St. Lucie County Artificial Reef FWC Agreement No. 13131 Construction 2013-14 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. I 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 COMNIISSION's website at http:/hvww.inyAvc.com/conscivatioiVsait-*vater/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 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 field 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 and/or underwater). iii. Timeline for Completion All artificial reef construction must be completed by August 21, 2014. A one-time short term time extension of up to ten (10) days (through the Agreement end date of Version 1.0 — June 2013 Attachment A, Page 6 of 12 Packet Pg. 151 Attachment A — SCOPE OF WORK 7.H.a Project Name: St, Lucie County Artificial Reef FWC Agreement No. 13131 Constriction 2013-14 August 31, 2014) may be authorized in writing by the COMMISSION's Contract Manager under tine 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 be 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, 2014. 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, 2014. Subcontracts with completion dates even earlier than August 21, 2014 to provide an additional buffer are strongly encouraged. 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 68E-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. Version 1.0 — June 2013 Attachment A, Page 7 of 12 Packet Pg. 152 Attachment A — SCOPE OF WORK 7.H.a Project Name: St. Lucie County Artificial Reef FWC Agreement No. 13131 Construction 2013-14 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 $6,500 of the total project costs in support of the COMMISSION's grant from the U.S. Fish and Wildlife Service. 1. The COMMISSION shall make payment to the GRANTEE for an amount of the total project eligible cost less the $6,500 match, not to exceed $59,000 of approved invoiced costs. The $6,500 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 $59,000 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 $6,500. 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, 2014 to assure availability of finds for payment. A timely reimbursement request following completion of actual field operations is strongly encouraged, C. TRAVEL EXPENSES Version 1.0 — June 2013 Attachment A, Page 8 of 12 Packet Pg. 153 Attachment A — SCOPE OF WORK 7.H.a Project Name: St. Lucie County Artificial Reef FWC Agreement No. 13131 Construction 2013-14 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 COMMISSION's website at: iv%vw.myfivc.com/conservation/salt%vater/artiftcial-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. 7. INTELLECTUAL PROPERTY RIGHTS See Agreement for applicable terms and conditions related to the intellectual property rights S. 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 tine requirements of Paragraph A. C. The GRANTEE shall submit bid specifications to the COMMISSION 's Contract Manager for approval within ninety (90) 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. Version 1.0 — Jane 2013 Attachment A, Page 9 of 12 Packet Pg. 154 Attachment A — SCOPE OF WORK 7.H.a Project Name: St. Lucie County Artificial Reef FWC Agreement No. 13131 Construction 2013-14 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. I. Any subcontract arrangements must be evidenced by a written document available to the COMMISSION upon request. 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 Version 1.0 June 2013 Attachment A, Page 10 of 12 Packet Pg. 155 Attachment A -- SCOPE OF WORK 7.H.a Project Name: St. Lucie County Artificial Reef FWC Agreement No. 13131 Construction 2013-14 Pursuant to Section 440,102(15), F,S., any construction contractor regulated under Parts I and II of Chapter 489, F.S., who contracts to perform constriction work rider 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 COMMISSION upon request. 2. In 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 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 1 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 Version L0— June 2013 Attachment A, Page 11 of 12 Packet Pg. 156 Attachment A —,SCOPE OF WORK 7.H.a Project Nance: St. Lucie County Artificial Reef FWC Agreement No. 13131 Construction 2013-14 This Section is not applicable and intentionally left blank. G. GRANTEE PAYMENTS TO SUBCONTRACTOR Grant Agreement No. 13131, 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 frill 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 shall 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 12 of 12 Packet Pg. 157 7.H.a FWC Agreement No. 13131 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 Regarding Lobbying (31 U.S.C. 1352) C. Certification Reeardine Public Entity Crimes section 287.133 F.S. D. Certification Regarding Drug -Free Workplace Requirements (41 U.S.C. 701 et. sect.) (as applicable to recipients and subrecipients of federal financial assistance) E. Certification Regarding 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 fi•om 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 app tic ation/proposal had one or more public transactions (Federal, State, 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 tier 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 B, Page 1 of 4 Packet Pg. 158 7.H.a FWC Agreement No. 13131 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 defuned 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. CERTIFICATION 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. 2. Establishing all ongoing drug -free awareness program to inform employees concerning: a. The dangers of drug abuse in the workplace. b. The policy of maintaining a thing -free workplace. c. Any available drug counseling, rehabilitation and employee assistance programs. d. Tine penalties that may be imposed upon employees for drug abuse violations occurring in tine workplace. 3. Making it a requirement that each employee to be engaged in the performance of the Agreement be given a copy of tine statement required by paragraph D.1. of this certification. 4. Notifying the employee in tine statement required by paragraph D.1. of this certification that, as a condition of employment tinder the Agreement, tine employee will: Ver. September 2013 Attachment B, Page 2 of 4 Packet Pg. 159 7.H.a FWC Agreement No. 13131 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 (10) 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 (30) 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 10 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 is 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. 160 FWC Agreement No. 13131 7.H.a 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 (Street) (City, State, ZIP Code) Date Ver. September 2013 Attachment B, Page 4 of 4 Packet Pg. 161 7.H.a FWC Agreement No. 13131 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 stall' 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 Set -vices 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-133, as revised, B. hi 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 I 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-133, as revised, will meet the requirements of this part. C. In connection with the audit requirements addressed in Part I, paragraph A. hercin, 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 ftnnatncial 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 tine contract requirements, including any rules, regulations, or statutes referenced in the Contract. Tire financial statements shall disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the Coinrnission shall be firlly disclosed in the audit report with reference to the Commission contract involved. Additionally, the results fi•om the Commission's annual financial monitoring reports must be included in the audit procedures and the OMB A-133 audit reports. Ver. June 2013 Attachment C, Page 1 of 6 Packet Pg. 162 7.H.a FWC Agreement No. 13131 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 frorn non-Fedcral 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 Seigle Audit Act resources can be found at: littp:Hhaivester.ceiisus.gov/sac/sainfo.htmi PART H: 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 It, 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 215.97, 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:Happs.fldfs.com/fsaa/singleauditact.aspx. Ver. June 2013 Attachment C, Page 2 of 6 Packet Pg. 163 7.H.a FWC Agreement No. 13131 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's 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 I 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 11 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 Il 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 tine 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. 164 7.H.a FWC Agreement No. 13131 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-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. Contractors and sub -contractors, when submitting financial reporting packages to the Commission 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 the Contractor/sub-contractor in correspondence accompanying the reporting package. Ver. June 2013 The remainder of this page intentionally left blank. Attachment C, Page 4 of 6 Packet Pg. 165 7.H.a FWC Agreement No. 13131 Exhibit 1 FEDERAL AND STATE FUNDING DETAIL FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: CFDA #f CF➢A Title 5 Am©unt 15.605 Federal Aid of Sport Fish Restoration Program $31,854 Total Federal Awards $31,854 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDA # `CmRmtne, 15.605 1. OnIy the goods and/or services described within the attached Agreement and Attachment A Scope of Work are eligible expenditures for the fluids 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, Miles or regulations relating to this artificial reef project. 4. The Grantee shall be required to provide a matching contribution of the total project costs (a minimum of $6,500) in support of the Commission's grant from the U.S. Fish and Wildlife Service. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Ver. Jame 2013 Attachment C, Page 5 of 6 Packet Pg. 166 7.H.a FWC Agreement No, 13131 SECTIONSUBJECT TO 21„597,,FLORIDA STATUTES: CSIA # . CSFA Title Amoun#. 77.007 Florida Artificial Reef Program $27,146 Total State Awards $27,146 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 77.007 11. 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 Projects 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. 167 7.H.a FWC Agreement No. 13131 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 all-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 1964 (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. 61* Attachment D, Page 1 of 9 Packet Pg. 168 7.H.a FWC Agreement No. 13131 (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. 1.4 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) 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 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 pianning 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. 169 FWC Agreement No. 13131 7.H.a 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 FR 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 FR 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 A)C IRI V,R Attachment D, Page 3 of 9 Packet Pg. 170 7.H.a )r WC Agreement No. 13131 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. 43214347). 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 Floodplains 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, Floodplain Management, 42 FR 26951 (May 25, 1977). (2) Executive Order 11990, Protection of Wetlands, 42 FR 26961 (May 25, 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 o€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 FR 36112 (Aug. 31, 1989). Attachment D, Page 4 of 9 Packet Pg. 171 7.H.a FWC Agreement No. 13131 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 FR 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 CFR 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. 172 7.H.a FWC Agreement No. 13131 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 making 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. Attaclunent D, Page 6 of 9 Packet Pg. 173 7.H.a FWC Agreement No. 13131 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 (1) Currently available replacement housing, businesses, farm, and organization sites; (ii) Approximate number of employees affected; (ill) Types of buildings, number, and size of rooms; (iv) The needs of those displaced (i.e. lifestyie); 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 50-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 business 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. 6'94 Vz"e P1 Attachment D, Page 7 of 9 Packet Pg. 174 7.H.a FWC Agreement No. 13131 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. B. 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 $26,000. 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 ail 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. 175 FWC Agreement No, 13131 7.H.a 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. �gti4 Attachment D, Page 9 of 9 Packet Pg. 176 7.H.a FWC Agreement No. 13131 Attachment E COST REE"URSEMENT CONTRACT PAYMENT REQUIREMENTS Pursuant to the February, 2011 Reference Guide foi- State Expenditin•es 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 it 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 1 t2.061, 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 invoices/receipts. 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 Set -vices 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 mast 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 1 of 1 Packet Pg. 177 7.H.a FWC Agreement No. 13131 Attachment F CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIER FEDERALLY FUNDED TRANSACTIONS Required for all contractors and subcontractors oil 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. I. 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 local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, 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 preceduig 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 Authorized Signature/Contractor Typed Name/Title Grantee Name/Contractor Name Street Address Building, Suite Number City/State/Zip Code Area Code/Telephone Number debar.2261rev. r 2/00 Ver. December 2013 Attachment F, Page 1 of 2 Packet Pg. 178 7.H.a FWC Agreement No. 13131 INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER FEDERALLY FUNDED TRANSACTIONS 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. 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 contact is submitted for assistance in obtaining a copy of those regulations. 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. 6. The certifying party finrther 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 contacts or lower tier covered transactions and in all solicitations for lower tier covered transactions. 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.) 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.2261rev.12100 Ver. December 2013 Attachment F, Page 2 of 2 Packet Pg. 179 Attachment G 7.H.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) o hereby certify under penalties,,..,. of perjury, 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) (Date) Rev. 1212013 Packet Pg. 180 ITEM NO. (ID # 2091) TO: PRESENTED BY: SUBMITTED BY: ci irtirrT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Desiree Cimino, Purchasing Manager Purchasing Division DATE: 05/20/2014 *CONSENT AGENDA\OFFICE OF MANAGEMENT & BUDGET Request for Qualifications (RFQ) No. 14-006 False Alarm Billing and Tracking Services On March 5, 2014, responses to RFQ No. 14-006, False Alarm Billing and Tracking Services, were opened. Two proposals were received; 165 companies were notified and 13 RFQ documents were distributed. The selected firm shall provide turnkey, third party alarm administration services, which shall include billing and tracking services, false alarm processing, hearing and appeals support and false alarm ordinance support. The selected firm shall provide these services to the St. Lucie County Department of Public Safety, Fort Pierce Police Department, Port St. Lucie Police Department, St. Lucie County Fire District and the St. Lucie County Sheriff's Office for the enforcement of the St. Lucie County Alarm Systems Ordinance. On April 24, 2014, the selection committee evaluated the proposals that were received. The committee members' scores for each firm are provided in Attachment A. The highest ranked firm was Public Safety Corporation of Waldorf, Maryland. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Board approval of the highest ranked firm for False Alarm Billing and Tracking Services and permission to: 1. Conduct contract negotiations with the with highest ranked firm; 2. If negotiations are successful, award contract to the successful firm and authorization for the Chair to sign the documents as prepared by the County Attorney; Packet Pg. 181 3. If staff is unable to negotiate a satisfactory contract with the highest ranked proposer, negotiations with that firm shall be terminated and staff shall attempt to negotiate a contract with the second ranked firm. If these negotiations are not successful, staff will re -advertise RFQ. COMMISSION ACTION: Coordination/Signatures L,, - - n 1,4 J-,,, - � Marie dro , ff' a ag ent & Budget Director 5/7/2014 Updated: 5/5/2014 2:12 PM by Desiree Cimino Page 2 Packet Pg. 182 m 0 X CD rt Ip 00 W Attachment A Firm Location Management Skills & Technical Expertise Credentials of Project Team Understanding of the Tasks & Requirements Capability for Timely Res onse Fee Range for Proposed Work Plan Overall Quality and Completeness of Proposal Total Total possible points per committee member 20 25 25 20 10 10 10 120 Total possible points for five members 1 100 1 125 1 125 1 100 1 50 1 50 1 50 1 600 Public Safety Corporation 15 107 112 95 45 43 46 463 PMAM Corporation 0 87 100 83 34 27 33 364 Attachment: 14-006 Attachment A - Selection Committee Scoring (2091 : RFQ No. 14-006 False Alarm Billing and Tracking Services) BOARD OF COUNTY COMMISSIONERS Attachment B COUNTY F L 0 R E D A TABULATION SHEET PURCHASING DEPARTMENT RFQ# 14-006 FALSE ALARM BILLING AND TRACKING SERVICES Two (2) Submittals were received for subject proposal: PMAM CORPORATION Contact: Panka' Kumar Phone: 972-831-7401 Fax: 972-831-7499 Address: 5430 LBJ Freeway, Ste. 370, Dallas, TX PUBLIC SAFETY CORPORATION Contact: George Wilson Phone: 240-607-1400 Fax: 301-638-9319 Address: 103 Paul Mellon court, Waldorf, MD NUMBER OF COMPANIES NOTIFIED*: NUMBER OF BID DOCUMENTS DISTRIBUTED* NUMBER OF BIDS RECEIVED: * - Per demandstar.com 165 13 2 0 z a LL 0 N r d d t U) �a H Packet Pg. 184 7.J.1 ITEM NO. (ID # 2092) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Roger Shinn, Facilities Manager Facilities Division Back -Up Generator Rock Road Jail DATE 05/20/2014 *CONSENT AGENDA\PARKS, RECREATION, & FACILITIES On April 2, 2014, submittals to Bid No. 14-012, Backup Generator at the St. Lucie County Jail, were opened. Two bids were received; 201 companies were notified and 28 bid documents were distributed. The lowest responsive and responsible bidder was All Florida Contracting Services for $272,000. Bid No. 14-012 was bid in accordance with Local Preference Ordinance No. 09-005. The purpose of this bid is to purchase a backup generator for the St. Lucie County Jail. This new Natural Gas Generator will become the primary backup generator and the existing diesel generator will serve as an alternate backup. With two generators, each on a different fuel source, and having both on one transfer switch, we are guaranteed a reliable alternative power supply. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funds ($272,000) are available in Maintenance Projects/Facilities Capital Improvements 316- 1931-562000-1905 Board approval to award Bid No. 14-012, to purchase a natural gas backup generator for the St. Lucie County Jail, to All Florida Contracting Services, the lowest responsive and responsible bidder, in the amount of $272,000, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 185 7.J.1 Coordination/Signatures Edward Matthews, Par , Recreatio Facilities Directcfs/5/2014 Updated: 5/5/2014 3:52 PM by Desiree Cimino Page 2 Packet Pg. 186 (lied AlunoD aion-1 •1S io;eaauaD dnloe8 : Z60Z) ;aayS uoi;eingel Z60-VI, 'oN WEI :;uauayoeJJV BOARD OF COUNTY COMMISSIONERS C OU NTY F L O R I D A TABULATION SHEET - BID #14-012 PURCHASING DEPARTMENT BACKUP GENERATOR AT THE ST. LUCIE COUNTY ROCK ROAD JAIL OPENED: APRIL 02, 2014 AT 3:00 PM TWO (2) submittals were received for subject proposal: BASE BID ALTERNATE ALL FLORIDA CONTRACTING SERVICES NO BID $ 272,000.00 3814 NW 126" Ave., Coral Springs, FL Fax: 954-753-3122 EAU GALLIE ELECTRIC, INC. 2012 Aurora, Rd., Melbourne, FL $ 807,680.00 $ 456,946.00 Fax: 321-254-1518 Number of companies notified*: 201 Number of bid documents distributed*: 28 Number of bids received: 2 *per demandstar.com 7.J.2 ITEM NO. (ID # 2113) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners DATE: 05/20/2014 *CONSENT AGENDA\PARKS, RECREATION, & FACILITIES Edward Matthews, Parks, Recreation & Facilities Director Parks, Recreation, & Facilities Wavier Fee 2014 Chili Cookoff The Boys & Girls of St. Lucie County 2014 Annual Chili Cook -Off will be held on July 12, 2014. The event raises awareness for the Boys and Girls Club of St. Lucie County and all proceeds directly benefit the needs of local children through the various enrichment experiences provided by the Boys and Girls Club of St. Lucie County. It is requested that the BOCC waive the fee for the rental of the Fenn Center in the amount of $9,650 as well as the open space rental fees for the St. Lucie County Skate Park in the amount of $400. This fee can be waived by the BOCC pursuant to section B.8.b. in "Attachment A" of Resolution No. 12-047. Additional costs for County staff and equipment will be paid by the renter. PREVIOUS ACTION: June 18, 2013, the BOCC approved to waive rental fees for the Fort Pierce Exchange Club's 2013 Annual Chili Cook -Off held at the Havert L. Fenn Center and Skate Park. FINANCIAL IMPACT: If the fee waiver is approved, the County will forego $10,050 in rental fee revenue. RECOMMENDATION: Board approval to waive $9,650 in facility rental fees for the Fenn Center and $400 in facility open space rental fees for the St. Lucie County Skate Park. COMMISSION ACTION: Coordination/Signatures Packet Pg. 188 7.J.2.a ESTIMATE - J COUNTY VENUE: Havert L. Fenn Center PHON E: 772-462-1521 FAX: 772-462-1128 Date: 4/23/14 Event Date: July 11 - 12, 2014 Event Day: Friday - Saturday Event: Chili Cook Off Event Times: Saturday No. of Attendees 2000 Set Up/Load In: Friday Contact: Melanie Wiles Break Down/Load Out: Total Event Hours, Inc. Load in/Out: Organization: Boys & Girls Club of St. Lucie County Address: 607 N. 7th St. Ft. Pierce, FL 34950 Phone: 772-460-9918 E-Mail Address: mwiles@becofslc.org *********************************************************************************************** Facility Use Fees Entire Fenn Center - Friday Entire Fenn Center - Saturday Skate Park AMOUNT TO BE WAIVED Equipment Use Fees Table & Chairs Rate M-M rate $6,500 M-M rate $6,500 $400 for open space rental Included in rental Sub -total Deduct 25% Nonprofit Discount Revised Sub -total Sales Tax 6.5% MULTI FACILITY USE FEE TOT Fee $6,500.00 $6,500.00 $400.00 $13,400.00 $3,350.00 $10,050.00 T/E $10,050.00 N/C Large Stage $15 per section X 16 sections $240.00 Stage Backdrop $150 each $150.00 Dumpster $100 each $100.00 Sales Tax 6.5% T/E EQUIPMENT FEES TOTAL $490.00 Staff/Personnel (Does not include cost of any required security personnel) Event Supervisor (Fenn) $25 per hour X 19 hours $475.00 Custodian/Event Staff (Fenn) Electrician (Fenn) Event Staff (Skate Park) Total Contract and Reservation Fees Payable to St. Lucie County BOCC $18 per hour X 70 hours $1,260.00 $30 per hour X 10 hours $300.00 $18 per hour X 4 hours X 2 people $144.00 STAFF FEES TOTAL $2,179.00 TOTAL $12,719.00 TOTAL ESTIMATED CHARGES $12,719.00 ESTIMATED CHARGES WITH POSSIBLE WAIVED FEES $2,669.00 Other Requirements include but are not limited to: 1. 50% Deposit with Signed Facility Use Agreement, Required Documents to Confirm Reservation. Payment in full and all Required Documents due no less than 30 days prior to event to avoid cancellation. 2. Comprehensive General Liability Insurance Certificate for $1,000,000 per occurrence, $2,000,000 aggregate in name of Applicant and naming St. Lucie County BOCC as an Additional Insured is required. If needed, event insurance is available at reasonable rates. Prepared by: Matt Morse Packet Pg. 189 GREAT FUTURES START HERE. 7.J.2.b BOYS & GIRLS CLUBS OF ST. LUCIE COUNTY 607 N. 7r" SCREET, SUCYE 1 FORT PIERCE, FL 34950 TEL. (772) 460-9918, FAX: (866)337-9918 WWW.E3GC0FSLC.0RG April 29, 2014 BOARD OF DfRiGCTORs Stephanie Morgan Edward Matthews, Director Chief Volunteer Officer Parks, Recreation and Facilities Will Armstead St, Lucie County CVO Elect 2300 Virginia Ave. Chris Morliardt Fort Pierce, FL 34982 Vice President Jay McBee Treasurer Re: 32" Annual Chili Cookoff Waiver of Rental Fees David Jasa Secretag Sean Baldwin Dear Mr. Edwards: De Bowman The Boys & Girls Clubs of St. Lucie County is hereby requesting a waiver of the rental fee for the Fenn Center and for the Skateboard Paris both of which will be used for Charles cangianeui the 32nd Annual Chili Cookoff to be held on July 12, 2014. This year's Chili Cookoff is Charles Cuomo once again being held to benefit the Boys & Girls Clubs of St. Lucie County. Kaccy DonnclI Over the past 32 years the Chili Cookoff has grown into the premier summer Doug Farrell fundraiser in St. Lucie County raising money for children in our community. This year's Angehclue Lyons event will start with the team set up on Friday July 11' and conclude with the Chili Cookoff on Saturday July 12'. In addition, the Undercover Skateboard Shop will be Shannon Martin hosting a skateboard event at the adjacent skateboard park on Saturday July 121h with Nate Spera proceeds from that event also benefiting the Boys & Girls Clubs of St. Lucie County. We expect another successful event and anticipate that over 5,000 people will stop by the Paul'1'aglieri Chili Cookoff to eat chili and enjoy the entertainment while relaxing in the air "Para Turner conditioned confines of the Fenn Center. Michael A.ua Sutcho The Boys & Girls Clubs of St. Lucie County is a 501 e 3 not -for -profit corporation. Chi fExecntive Officer Y ty ( �� � p rp We respectfully requesting that the Fenn Center rental fee of $9,750 and Skateboard Park PROLII7LY SUPPORTED BY; rental fee of $300 be waived pursuant to the Board of County Commissioners policy. Thank you for your assistance. Q Packet Pg. 190 INTERNAL REVENUE SERVICE DISTRICT DIRECTOR P. O. BOX 2508 CINCINNATI, OH 4S201 Date: APO 2 2 1999 rR9 199 II BOYS & GIRLS CLUB OF ST LUCIE COUNTY INC 607 N 7TH ST STE 1 FORT PIERCE, FL 34950-3109 Dear Applicant: 7.J.2.c DEPARTMENT OF THE TREASURY Employer Identification Number: 65-0505369 DIN: 17053058709039 Contact Person: TERRY SAYLOR ID## 31291 Contact Telephone Number: (877) 829-5500 Our Letter Dated: Novem&r, 1994 Addendum Applies: No M. This modifies our —letter of the above date in which we stated that you would be treated as an organization that is not a private foundation until the expiration of your advance ruling period. Your exempt status under section 501(a) of the Internal Revenue Code as an organization described in section 501(c)(3) is still in effect. Based on the information you submitted, we have determined that you are not a private foundation within the meaning of section 509(a) of the Code because you are an organization of the type described in section S09(a)(1) and 170 (b) (1) (A) (vi) . Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you lose your section 509(a)(1) status, a grantor or contributor may not rely on this determination if he or she was in part responsible for, or.was aware of, the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section 509(a)(1) organization. If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Because this letter could help resolve any questions about your private foundation status, please keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown above. Sincerely yours, District Director Letter 1050 (DO/CG) Packet Pg. 191 7.J.3 ITEM NO. (ID # 2066) 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 05/20/2014 *CONSENT AGENDA\PARKS, RECREATION, & FACILITIES Waiver of Facility Rental and Admission Fees for the 2014 Indian River Lagoon Science Festival Cristin Ryan, Education Specialist for the Smithsonian Marine Station, located at 701 Seaway Drive, Fort Pierce, Florida, is requesting to utilize Museum Pointe Park for the Indian River Lagoon Science Festival (previously called the National Estuary Day Festival), scheduled to take place on Saturday, September 27, 2014. The Smithsonian Marine Station is a registered 501(c)(3), and the organization and event meet the requirements of the St. Lucie County Facility Use Policy for fee waivers. The event will bring together environmentally focused non-profit and for -profit organizations and businesses from the Treasure Coast to promote the importance of the Indian River Lagoon and the need to protect this valuable resource. The Smithsonian Marne Station is requesting that the County waive the facility use fee of $450 for the event. They will reimburse the County for event staff and equipment in the amount of $566, as required by Board policy. Additionally, the Smithsonian Marine Station requests that admission fees for both the Aquarium and the Regional History Center be waived so the facilities are accessible to the public at no cost during the event. The Smithsonian Marine Station is offering to pay a fee of $400 and the St. Lucie County Historical Society is offering to pay a fee of $250 to help offset lost admission revenue. PREVIOUS ACTION: On 5/21/2013, the BOCC approved Agenda #1277 to waive the facility rental fee of $450 for the Smithsonian Marine Station for the National Estuaries Day Festival and approved waiving admission fees to the Aquarium and Regional History Center during the festival and accept a fee of $400 from the Smithsonian Marine Station and $250 from the Regional History Center to help offset lost revenue. FINANCIAL IMPACT: N/A RECOMMENDATION: Board approval to waive the facility rental fee of $450 for the Smithsonian Marine Station for the Indian River Lagoon Science Festival and approval to waive admission fees during the festival and accept a fee of Packet Pg. 192 7.J.3 $400 from the Smithsonian Marine Station and $250 from the Regional History Center as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Coordination/Signatures Edward Matthews, Parks, ftecreatio Facilities Qirectcfc/7/2014 �`-��De- - - Davie 5. McIntyre, C my ttorney 5/9/2014 gob bentkofsky, miniskrato, 5 9/2014 Updated: 5/9/2014 2:52 PM by Bob Bentkofsky Page 2 Packet Pg. 193 7.J.3.a EXHIBIT "A" ESTIMATE OF FEES j _ VENUE: Museum Pointe Park PHONE:772-462-2159 Fax:772-462-2103 Estimate Date: April 7, 2014 Event Date: September 27, 2014 Event Day: Saturday Event: Indian River Lagoon Science Festival Set Up/Load In: Friday, 9/26 8hrs. No. of Attendees: 4000 Saturday 9/27 7am - 10am Contact Name: Cristin Ryan, Marine Biology Educator Event Times: 10am - 3pm Break Down/Load Out: 3pm - 5pm Total Event Hours: 18 hrs. Organization: Smithsonian Marine Station Address: 701 Seaway Dr. Ft. Pierce, FL 34949 Office Phone: 772-465-3271 Fax: 772-465-3237 Cell: 772-465-3271 E-mail Address: ryanc(•)si.edu Facility Use Fee Rate Fee Museum Pointe Park $600/over 8hrs. or per day Sub -total $600.00 Open Space Deduct 25% $150.00 Revised Sub -total $450.00 Sales Tax 6.5% $0.00 FEE WAIVED FACILITY USE FEE TOTAL $450.00 Equipment Use Fees Showmobile $350 day/NP $350.00 Friday, 9/26, 2pm delivery Sales Tax 6.5% $0.00 EQUIPMENT FEES TOTAL $350.00 Staff/Personnel (Does not include cost of any required security personnel) (2) Event Custodians, Sat., 9/27 12hrs. x $18 ea. $216.00 9:30am - 3:30pm STAFF FEES TOTALI 5216.UU Other Fees $0.00 Sales Tax 6.5% $0.00 Revised Sub -total $0.00 OTHER FEES TOTAL $0.00 Security Deposit - (Refundable) SECURITY DEPOSIT TOTALI $0.00 TOTAL ESTIMATED CHARGES 566.00 50% Security Deposit 283.00 Other Requirements include but are not limited to: 1. 50% Deposit with signed Facility Use Agreement, Required Documents to Confirm Reservation. Balance due and all Required Documents due no less than 30 days prior to event to avoid cancellation. 2. Comprehensive General Liability Insurance Certificate for $1,000,000 per occurrence, $2,000,000 aggregate in name of Applicant and naming St. Lucie County BOCC, 2300 Virginia Ave, Ft. Pierce, FL 34982 as an additional Insured. 3. Proof of Security (St. Lucie County Sheriff's Department) Organizer is responsible for paving Showmobile. Staffing Charges and Securitv Deposit. Open Space fee has been waived. Estimate Prepared by: Willie Redden Katherine E. Lewis, Attorney Advisor Packet Pg. 194 7.J.3.a R r N N LL d V C N N J O N L O LL u m LL 4- 0 L d > O N M O N r Q Packet Pg. 195 7.J.4 ITEM NO. RES-2014-75 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: DATE: 05/20/2014 AGENDA REQUEST Board of County Commissioners Mark DiMascio, Parks & Special Facilities Manager Parks & Special Facilities Division *CONSENT AGENDA\PARKS, RECREATION, & FACILITIES Resolution 2014-75 - Budget Resolution for WPSL Christmas Kids of St. Lucie County - Donation for Aquatics Program WPSL Christmas Kids of St. Lucie County has donated money to sponsor children under the age of 18 to receive American Red Cross Water Safety Swim Lessons at the St. Lucie County Lincoln Park Pool for the past ten years. This year, WPSL Christmas Kids of St. Lucie County is donating $5,100. These funds would help 100 St. Lucie County youth receive water safety lessons. The cost of water safety lessons is $61 per participant. WPSL's contribution will provide a $51 scholarship towards 100 participants' fees with the participant responsible for the remaining $10. Administration staff has been informed that Carol Wyatt from WPSL will be attending the meeting to make a check presentation. PREVIOUS ACTION: WPSL Christmas Kids of St. Lucie County has donated money to sponsor children under the age of 18 to receive American Red Cross Safety Swim Lessons at the St. Lucie County Lincoln Park Pool for the past ten years. They have had a representative make the donation at a BOCC meeting each year. FINANCIAL IMPACT: WPSL Donation allocated to Aquatics - (001-7215-552000-7106, Recreation -Aquatics -Operating Supplies.) RECOMMENDATION: Board approval of Budget Resolution to accept WPSL Christmas Kids of St. Lucie County donation in the amount of $5,100 to be utilized to provide American Red Cross Water Safety Lessons at the St. Lucie County Lincoln Park Pool and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 196 7.J.4 Coordination/Signatures iY Edward Matthews, P , Rkre�R�Rkreatio Facilities Directbf22/2014 ianieYS.WMcintyre, orney 4/24/2014 dolt NbBentkofsky�DeputyCbTint Administratol 5 9 2014 y l Updated: 5/9/2014 2:50 PM by Bob Bentkofsky A Page 2 Packet Pg. 197 RESOLUTION NO. 7.J.4.a WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available through a donation from the WPSL Christmas Kids of St. Lucie County in the amount of $5,100. The donation will help 100 St. Lucie County youths to receive American Red Cross Water Safety Lessons at the St. Lucie County Open Space Pool. 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 20th day of May, 2014, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2013-2014, and the County's budget is hereby amended as follows: REVENUE 001-7215-366900-7106 Donations $5,100 APPROPRIATIONS 001-7215-552000-7106 Operating Supplies $5,100 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chair XXX Commissioner Paula Lewis, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Tod Mowery XXX Commissioner Kim Johnson XXX PASSED AND DULY ADOPTED THIS 20TH DAY OF MAY 2014. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 198 7.J.5 ITEM NO. RES-2014-76 TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: DATE: 05/20/2014 AGENDA REQUEST Board of County Commissioners Mark DiMascio, Parks & Special Facilities Manager Parks & Special Facilities Division *CONSENT AGENDA\PARKS, RECREATION, & FACILITIES Resolution 2014-76 - Budget Resolution for St. Lucie County Historical Society Donation for Facility Improvements at the Regional History Center. Nancy Bennett, from the St Lucie County Historical Society presented a donation check to St. Lucie County in the amount of $4,000 at their annual volunteer luncheon on April 8, 2014. It was directed that the donation money is to be used for facility improvements associated with renovations to exhibits and display areas at the Regional History Center. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Regional History Center donation allocated to: 001-7215-546070-7910 Maintenance -Electrical Equipment $1,000 001-7215-546100-7910 Building Maintenance $1,000 001-7215-551200-7910 Equipment < $1000 $1,000 001-7215-552000-7910 Operating Supplies $1,000 RECOMMENDATION: Board approval of Budget Resolution to accept St. Lucie County Historical Society Donation in the amount of $4,000 to be utilized to make improvements to exhibits at the Regional History Center, as outlined in the agenda memorandum, and authorization for the Chair to sign documents as approved by the County Attorney. [are ►] Til►�ifi;1-[9P►I_Ts"191 F Packet Pg. 199 7.J.5 Coordination/Signatures Edward Matthews, Par , Recreatio Facilities DirecW22/2014 anie 5. McIntyre, C my ttorney 4/24/2014 06 entkofsky, Deputy C my A ministrato /2014 Updated: 5/9/2014 2:17 PM by Kelly Phelan B Page 2 Packet Pg. 200 7.J.5.a a Packet Pg. 201 7.J.5.b RESOLUTION NO. U WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget ai for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become w available through a donation from the St Lucie County Historical Society in the amount of $4,000. The m funds are to be used for facility improvements associated with renovations to exhibits and display areas at v the Regional History Center o N U) W WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a W resolution to appropriate and expend such funds. V NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 20th day of May, 2014, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2013-2014, and the County's budget is hereby amended as follows: REVENUE 001-7215-366900-7910 Donations $4,000 APPROPRIATIONS 001-7215-546070-7910 Maintenance -Electrical Equipment $1,000 001-7215-546100-7910 Building Maintenance $1,000 001-7215-551200-7910 Equipment < $1000 $1,000 001-7215-552000-7910 Operating Supplies $1,000 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chair XXX Commissioner Paula Lewis, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Tod Mowery XXX Commissioner Kim Johnson XXX PASSED AND DULY ADOPTED THIS 20TH DAY OF MAY 2014. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 202 ITEM NO. RES-2014-77 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: Michael Powley, County Engineer SUBMITTED BY: Engineering DATE: 05/20/2014 SUBJECT: Resolution 2014-77 - Midway Road Widening Highway Maintenance Memorandum of Agreement with FDOT BACKGROUND: The Florida Department of Transportation (FDOT) will be constructing the widening improvements to Midway Road from S. 25th Street to US-1. This roadway belongs to St. Lucie County. In order for FDOT to acquire the necessary right-of-way for St. Lucie County, we must enter into a Highway Maintenance Memorandum of Agreement (HMMOA) which transfers the roadway to FDOT (attached). During the construction, FDOT will control the right-of-way. Upon final acceptance of this project by FDOT, ownership of Midway Road will automatically be transferred back to St. Lucie County. As the name suggests, the HMMOA contains maintenance obligations for St. Lucie County but none that we would not otherwise perform. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Board approval of the Highway Maintenance Memorandum of Agreement with FDOT and Resolution. Authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 203 Coordination/Signatures --N Cx\ aL Con We t, Public Works Dlrecto 2014 4ane 5. McIntyre, C my ttorney 5/15/2014 Updated: 5/13/2014 8:23 AM by Linda Buchanan M Page 2 Packet Pg. 204 7.M.a RESOLUTION 14- A RESOLUTION ACCEPTING THE FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT FOR RIGHT-OF-WAY ACQUISITON FOR CR- 712/MIDWAY ROAD (WEST OF SOUTH 25TH STREET TO EAST OF US-1) AND AUTHORIZING THE CHAIR 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: Acceptance of the Highway Maintenance Memorandum of Agreement with the Florida Department of Transportation for right-of-way acquisition for CR-712/Midway Road (west th of South 25 Street to east of US-1) is in the best interest of the health safety and welfare of the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: I. The Board hereby accepts and approves the Highway Maintenance Memorandum of Agreement with the Florida Department of Transportation for right-of-way acquisition for CR-712/Midway Road (west of South 25th Street to east of US-1). 2. The Board hereby authorizes the Chair to execute the above -referenced agreement and further authorizes the Count Attorney to execute the agreement by approving it as to form and correctness. After motion and second, the vote on this Resolution was as follows: Chair Frannie Hutchinson XX Vice Chair Paula A. Lewis XX Commissioner Chris Dzadovsky XX Commissioner Tod Mowery XX Commissioner Kim Johnson XX PASSED AND DULY ADOPTED this 20th day of May, 2014. Packet Pg. 205 7.M.a ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA m Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney 5 O 2 H O 0 U- r Cn R LO N Packet Pg. 206 7.M.b SECTION No.: N/A FM No. (s): 231440-2-52-01 COUNTY: St. Lucie C.R. No.: 712 DISTRICT FOUR HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of 20_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and the ST. LUCIE COUNTY, a political subdivision, existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the AGENCY has jurisdiction over County Road 712 also known as Midway Road as part of the County Highway System from West of County Road 615 (South 25th Street) to East of State Road 5 (US 1); and WHEREAS, the AGENCY and the DEPARTMENT seek to acquire right of way, to r install and have maintained by the AGENCY certain Highway improvements within the N right of way of Midway Road as described within Exhibit A and shown on Exhibit B; w and WHEREAS, pursuant to §339.07, 339.08, and 339.12 Florida Statutes the N DEPARTMENT is authorized to undertake a project within the AGENCY geographical limits and the AGENCY is desirous of having this improvement constructed; and Lh WHEREAS, the said project is identified and known to the parties as County Road 712 Midway Road Reconstruction Financial Project Identification Number 231440-2-52-01, which will benefit the AGENCY; and WHEREAS, in accordance with Title 23, U.S. Code, Section 116 and Federal Highway Administration regulations issued pursuant thereto, there must be an agreement from the AGENCY to maintain the project; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution No. dated , 20 , attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; Packet Pg. 207 7.M.b NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The DEPARTMENT has undertaken the project and obtained the approval of Federal participation in the Midway Road Reconstruction. 2. The AGENCY shall allow the DEPARTMENT and its contractors to enter on the County Right of way and other property to construct this project. 3. The AGENCY agrees to accept transfer of the right-of—way acquired by the DEPARTMENT along with the improvements thereon upon "final acceptance" by the DEPARTMENT of the project, (as that term is defined below) and transfer and recording of the of the Right-of—way maps. Transfer of the right of way shall include: the replacement bridge structure over the North Fork of St. Lucie River (Replacement for Structure No. 940035); and new drainage pond facilities. This includes any excess right of way obtained in the acquisition process. The DEPARTMENT may exclude excess right off way at its sole discretion. Where SR5/US1 intersects Midway Road, the Department shall retain that portion related to SR5/US1 as deemed necessary by the DEPARTMENT. 4. It is understood and agreed by the parties that upon "final acceptance" by the DEPARTMENT of the project, (as that term is described in the Standard Specifications for Roadway and Bridge Construction dated 2013, as amended by contract documents section 5-11) and Notice thereof to the AGENCY, the AGENCY shall be responsible for maintenance of said project, at its cost, in accordance with the following Federally and State accepted standards and all costs related thereto: (a) FDOT Plans Preparation Manual (PPM), as amended, (b) Florida Green Book dated 2011,as amended (c) Governing standards and specifications: FDOT Design Standards dated 2013,as amended (d) Standard Specifications for Roadway and Bridge Construction dated 2013, as amended by contract documents, and (e) Manual on Uniform Traffic Control Devices (MUTCD), current edition, or as amended. 5. The DEPARTMENT and the AGENCY shall keep the Commitments established under section 1.2 in the "Midway Road PD&E Study, Preliminary Engineering Report" (Exhibit C) and as amended by approved re-evaluations. Re-evaluations shall be submitted to the AGENCY. 6. Utilities: The AGENCY shall cooperate with the DEPARTMENT, to the extent necessary to accomplish utility relocations for this project. This shall include, but not be limited to, entering into utility subordination agreements with the affected utility owners, thereby assuming liability for future utility relocations within the AGENCY's right of way and proposed right of way. This shall also include having the AGENCY require the Utility to relocate or adjust if the utility is there by permit. The AGENCY shall also be required to comply with the terms of any utility agreement assigned to them by virtue of the transfer of the real property and the final acceptance of the job. 7. Environmental permitting: For all permits; the AGENCY shall sign as a joint applicant and be responsible for the maintenance of the road and permit. Further the Packet Pg. 208 7.M.b AGENCY shall be in compliance with all permits after the construction is complete and the right of way is transferred to the AGENCY. The AGENCY shall indemnify the DEPARTMENT for any violations of any permits issued to the Department or jointly to the AGENCY and the DEPARTMENT after construction is complete. The AGENCY shall execute all documentation necessary in a timely matter. Further the AGENCY shall be the applicant / permittee on the North St. Lucie River Water Control District application, if a permit is required from them. 8. Environmental mitigation: Any environmental mitigation performed will be accomplished by the DEPARTMENT. The DEPARTMENT may also monitor said mitigation, at its discretion, for a period not to exceed 5 years. The AGENCY shall maintain in perpetuity. The AGENCY shall coordinate with the Department if a separate agreement(s) are required. 9. Signals: The AGENCY shall cooperate with the DEPARTMENT, to the extent necessary, to assure signal and interconnect connections for the Project. 10. Unforeseen issues: If unforeseen issues shall arise, the AGENCY shall cooperate with the DEPARTMENT in any way necessary in order to construct the project including but not limited to executing documents, allowing the DEPARTMENT or its contractor to enter into any real property owned, possessed and controlled by the AGENCY or any other Occupancy right the AGENCY may have. 11. E-verify requirements: The AGENCY: shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the AGENCY during the term of the contract; and shall expressly require any contractors and/or subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the contractor / subcontractor during the contract term. 12. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings as represented in this Agreement and the Final Proposed Construction plans with the exceptions listed below. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. The Locally funded Agreement dated June 28, 2011 Between the DEPARTMENT and the AGENCY shall not be superseded by this Agreement. 13. This Agreement shall be governed, interpreted and construed according to the laws of the State of Florida. 14. LIST OF EXHIBITS Exhibit A: Project Scope Exhibit B: Project Location Map Exhibit C: 1.2- FDOT Commitments. (Preliminary Engineering Report) Packet Pg. 209 7.M.b (This space intentionally left blank) IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year provided below. AGENCY ATTEST: ATTEST: Executive Secretary (SEAL) COUNTY ST. LUCIE COUNTY, through its BOARD OF COUNTY COMMISSIONERS day 2014 Approved as to form by Office of County Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CIA Transportation Development Director Approval as to Form: District General Counsel (_/_/2014) Packet Pg. 210 7.M.b SECTION No.: N/A FM No. (s): 231440-2-52-01 COUNTY: St. Lucie C.R. No.: 712 EXHIBIT A PROJECT SCOPE Improvements on AGENCY's (the County) Right of way. Summary of Work: a The project is proposing reconstruction of the existing two-lane roadway as a 4-lane divided urban roadway along CR 712 (Midway Road) from west of South 25th Street w to east of SR 5 (US 1) for a project length of 1.915 miles. It includes replacing the existing bridge over the North Fork of the St. Lucie River to accommodate the proposed 4-lane divided roadway. The corridor is within a historic area where certain design principles (including, but not limited to, variances and exceptions) N will have to be implemented with consideration of R/W impacts, parks and schools, y concerns of residents living in the vicinity of White City, access management changes, flooding and environmental concerns, 4(f) properties, bridge replacement, utilities, lighting and landscaping opportunities.04 c N Typical Section Lh • Construct 4-lane divided section with 4-11-foot lanes, a 15.5-foot median, bike lanes, a v 6-foot sidewalk on the north side and 12-foot multi -use path on the south side. Q ADA x • Construct new crosswalks, sidewalks, and ramps in compliance with ADA standards. w a Lighting 0 • Constructconventional lighting throughout the corridor, unless otherwise noted in the = Preliminary Engineering Report. See Exhibit C 0 Signalization W • Modify traffic signals at the CR 615 (South 25th Street), Oleander Avenue, and State Road 5 (US 1) intersections and provide a signal interconnect from CR 615 to State Road 5. Construct a new mast arm signal at the Sunrise Boulevard intersection. Drainage • Construct drainage ponds on newly acquired Right of Way within the corridor and offsite. • Construct a drainage system of inlets, manholes, and culverts varying in size to convey stormwater to the newly constructed ponds. (Pipe runs shall not exceed 200 Ft. without Packet Pg. 211 7.M.b some type of access point. Utilities Relocation of utilities will be coordinated during design following standard FDOT utility accommodation guidelines. Structures • Construct a new replacement bridge structure over the North Fork of the St. Lucie River as a replacement for Structure 940035. Landscape • Landscape shall be coordinated during the design process. Proper Best Management Practices (BMPs) will be adhered to for tree protection and to avoid additional tree impacts. 0 N N Lh Packet Pg. 212 7.M.b EXHIBIT B STATE OF FLORIDA BEPAR TMEN T OF TRANSPORTATION CR 7121MIDWAY ROAD FROM WEST OF CR &S rSOUTH 25TH STREET) TO EAR' T OF SR 5 (US 1) FINANCIAL PROJECT /D 231 0- -3E-C1 S T. LUCIE COLON TY (CO N TY ROADWAY) .BE" PAJ ECT $TA 3X+$3,35 ff 5W6TY C4 FV AND 23P#401-2-121-0 m ire#� 4 19, T T. P[I iY [ I!] TE1°..--. .4 Its I Tofiow PROJECT LOCA T ION MAP Prowrad By, lCf Wmy-Horn and Asaa c;dsst hm Suflo 200 wo W*hg ww Wasl Paw swN FIa rw 33 APRIt 373 E D PROJEC T !FTA 42S +4C 40 cc StME-r CR 7r2 Q 0 N N V- Lh <.i I 00 al t I K W I a 0 2 0 3 c E t cC r a Packet Pg. 213 7.M.b EXHIBIT C 1.2 COMMITMENTS As a result of public input received during the PD&E Study and the Public Hearing, the FDOT is committed to the following measures: 1 In order to preserve historic oak trees, oak trees near the White City Park and throughout the corridor will be relocated where applicable. 2 Provide decorative lighting within the vicinity of White City historic area. 3 The proposed project, as presently conceived, will not displace any residences or businesses within the community. Therefore, no relocations are anticipated as a result of the proposed project. 4 The proposed improvement will include a new 6-foot sidewalk or meandering pathway on the north side of the road and a 12-foot multipurpose trail on the south side of the road. A 4-foot wide bike -lane along the north and south sides of Midway Road is also proposed. 5 The White City Park, A St. Lucie County owned and managed park, is located along the corridor, adjacent to the North Fork. The existing dirt entry drive to the park is located at the base of the existing bridge. The driveway will be relocated, which will improve sight -line distance for safe ingress and egress. Additionally, there are currently no dedicated turn -lanes into the park. Turn lanes will be included in the project for safe access. 6 Turning lanes will be provided in various locations throughout the Midway Road corridor and at the signalized intersections. 7 Coordination will continue with the regulatory agencies to develop a mitigation plan that will offset the adverse impacts to Essential Fish Habitat (EFH) from the proposed project during final design and permitting. 8 Coordination regarding mitigation will continue during final design and permitting. 9 The majority of the widening will occur north of the bridge. To avoid wetland impacts south of Midway road, the west approach to the bridge will be widened to the north. 10 A Boat Traffic Control Plan will be developed to assure that boat traffic will be maintained during bridge construction. This plan includes methods such as signage, warnings devices and markers and accounting for appropriate clearances. Provide Packet Pg. 214 7.M.b additional 50 percent water quality treatment and floodplain compensation for the project in accordance with local, state and federal criteria. 12. Adhere to the permitting agency's specific conditions regarding turbidity and ensure the waters of the North Fork St Lucie River (NFSLR) within the bridge construction area remain in compliance with all parameters for water quality. 13. Coordination with FDEP will be continued during design and permitting pertaining to the NFSLR Aquatic Preserve. 14. During design and permitting and in accordance with SFWMD and County criteria, the drainage, flooding impacts and stormwater management will be evaluated and designed to minimize flooding effects. 15. Site -specific surveys will be conducted just prior to construction to locate gopher tortoise burrows within the project area. If gopher tortoise burrows are found, appropriate actions will be taken at that time. Depending on the results of the surveys, relocation permits may be required from the FWC. 16. The Standard Protection Measures for the Eastern Indigo Snake will be employed to minimize impacts to Eastern indigo snakes during construction. 17. Final pond site locations will be surveyed for listed species just prior to construction. 18. The Standard Manatee Construction Conditions (USFWS, July 2005), Endangered Species N Conservation Conditions Blasting Conditions (FWC, June 2001), and Preventing Manatee N Injuries (FWC, April 2005) will be employed during the construction to minimize potential th impacts. v 19. In accordance with the NMFS recommendations, if blasting is proposed, a blasting plan will be prepared and submitted for review during the federal permitting process. 20. An analysis of the wood stork foraging habitat impacts will be conducted during final design and permitting. 21. FDOT has agreed to provide wetland mitigation consistent with the Service's wood stork guidance during permitting of the project. 22. Resolution of problems regarding contamination will be coordinated with appropriate regulatory agencies, and action will be taken where applicable. Further coordination with the regulatory agencies, possible field surveys involving monitoring wells, soil borings, and other site -specific methods can identify potential contamination issues so that avoidance, minimization, and remediation measures can be taken. 23. Noise Walls F1, G1 and H1 are warranted based on future noise levels, the insertion loss that can be provided and the cost of the abatement measure. Noise Walls F1, G1 and H1 are Packet Pg. 215 7.M.b recommended for further consideration in the Design phase based on desire of the affected property owner(s), constructability, safety, R/W needs, maintainability, utilities, accessibility, aesthetics and drainage considerations. If, during the final design phase, any of the contingency conditions listed above cause abatement to no longer be considered reasonable and feasible for a given location(s), such determination(s) will be made prior to requesting approval for construction advertisement. 24. Based on preliminary discussions with the Director of Parks and Recreation, there are no objections to the driveway relocation at White City Park, provided that all impacts to the park are mitigated (e.g. relocate the restroom and signage). The final effects to White City Park will be coordinated with St. Lucie County Parks and Recreation Department. The park amenities including the restroom, septic system and signage if impacted will be replaced in kind. The oak canopy shall be avoided to the extent practical for the driveway relocation. If sanitary sewer is available at the time of construction, the rest room at the park will be connected to the sewer system. 25. SHPO concurred with the determination of "no adverse effect" for the Christensen property, provided the canopy trees be re -located on the property. 26. Section 4(f) impacts will be re-evaluated if there are changes in the roadway design. 27. The proper BMP's will be adhered to for tree protection and to avoid additional tree impacts 28. Following the public hearing the County reviewed the typical section and requested that W FDOT consider context sensitive options during the design and permitting phase. During design and permitting, the community desires will be evaluated and design will be considered N to further minimize effects on the community. Lh 29. Coordination with the various utility providers will be conducted during design and permitting to avoid and minimize conflicts with existing utilities. 30. Noise and air quality control measures will include those contained in FDOT's Standard Specifications for Road and Bridge Construction. 31. All applicable St. Lucie County noise ordinances as found in Chapter 1-13.8, Noise Control, of the St. Lucie County Code of Ordinances will be adhered to construction. 32. Water quality impacts resulting from erosion and sedimentation will be controlled in accordance with FDOT's Standard Specifications for Road and Bridge Construction and through the use of BMP's. Stormwater pollution prevention measures will be developed per FDOT standards and in accordance with NPDES permit requirements. 33. Maintenance of Traffic and Sequence of Construction will be planned and scheduled so as to minimize traffic delays throughout the project. Signs will be used as appropriate to provide notice of lane closures and other pertinent information to the traveling public. The local news media will be notified in advance of lane closings and other construction related activities, Packet Pg. 216 7.M.b which could excessively inconvenience the community so that motorists, residents, and businesspersons can plan travel routes in advance. 34. A sign providing the name, address, and telephone number of a Department contact person will be displayed on site to assist the public in obtaining immediate answers to questions and logging complaints about project activity. 35. Traffic delays will be controlled to the extent possible where many construction operations are in progress at the same time. The contractor will be required to maintain one lane of traffic in each direction at all times, and to comply with the BMP's of FDOT. Also, present traffic movements will be maintained at all times. No locations will require temporary roads or bridges. 36. Construction of the roadway requires excavation of unsuitable material (muck), placement of embankments, and use of materials such as lime rock, asphaltic concrete, and Portland cement concrete. Demucking is anticipated at the other surface water sites and will be W controlled by Section 120 of the MOT Standard Specifications for Road and Bridge Construction. Disposal will be onsite in detention areas or offsite. The removal of structures and debris will be in accordance with local and state regulatory agencies permitting this r operation. The contractor is responsible for methods of controlling pollution on haul roads (if N used); in borrow pits, other materials pits, and areas used for disposal of waste materials from w the project. Temporary erosion control features, as specified in the FDOT's Standard Specifications for Road and Bridge Construction, Section 104, will consist of temporary grassing, sodding, mulching, sandbagging, hay bales, slope drains, sediment basins, sediment N checks, artificial covering, and berms. Lh Packet Pg. 217 ITEM NO. (ID # 1980) COUNTY �. F L Q R I D A AGENDA REQUEST TO: Board of County Commissioners DATE: 05/20/2014 PRESENTED BY: Justin Gattuso, Solid Waste Operations Manager SUBMITTED BY: Solid Waste Division SUBJECT: Equipment Purchase - Articulated Dump Truck (Solid Waste) BACKGROUND: Solid Waste is requesting to purchase a used 2003 Volvo Articulated Dump Truck, (Model A40D, S/N A40D60269) from Road & Bridge for a cost of $70,000. Purchasing this used piece of equipment will allow Solid Waste to delay the planned replacement of existing articulated dump truck for approximately two years. A new articulated dump truck would cost approximately $525,000. The price was agreed upon between Solid Waste and Public Works Road & Bridge personnel after conducting research regarding the value of comparable dump trucks. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Sufficient funds are available in the Solid Waste Operating Reserve Account 401-3410-599300-300. A line - to -line transfer will be done moving funds to Machinery and Equipment Account 401-3410-564000-300. RECOMMENDATION: Board approval of Equipment Request EQ14-122 authorizing purchase of used 2003 Volvo Articulated Dump Truck from Road & Bridge for a cost of $70,000. COMMISSION ACTION: Packet Pg. 218 Coordination/Signatures • Io -71 IA 0&--!AZ(A—A ol L rie &WW-alde, Utility Director 3 1/ 4 Marie o ff a ag ent & Budget Director3/14/2014 ob entkofsky, Deputy C my ministrato 9/2014 Updated: 5/9/2014 2:47 PM by Bob Bentkofsky Page 2 Packet Pg. 219 7.O.a ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2013-14 ARTMENT: SOLID WASTE [SION: SOLID WASTE APPROVED: ;NT: Used Volvo Dump Truck AMOUNT: 70,000 X NEW I REPLACEMENT YES I INO I IREVISED YES NO I REVISED IDITIONAL CO; YES X NO Solid Waste is requesting to purchase a used 2003 Volvo Articulated Dump Truck, (Model: A401), S/N: A40D60269) from Road & Bridge for the amount of $ 70,000. Purchasing this used piece of equipment will allow Solid Waste to delay the planned replacement of existing articulated dump truck for approximately two years. A new articulated dump truck would cost approximately $ 525,000. 14-122 401-3410-599300-300 1 Packet Pg. 220 9.A.1 ITEM NO. (ID # 2130) 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: 05/20/2014 *REGULAR AGENDA\COUNTY ATTORNEY Agreement with Wynne Building Corporation - Single Stream Recycling Attached is a draft agreement between the County and Wynne Building Corporation ("Wynne") that would allow Wynne to deliver recyclables to the County's single stream facility beginning June 1, 2014. Wynne will deliver the recyclables to the County's single stream facility at no charge until the County's single stream facility is operational. When the County's facility is capable of processing single stream recyclable materials, the County will pay Wynne three dollars ($3.00) per ton to Wynne for recyclable materials and fifteen dollars ($15.00) per ton for mixed paper. The term of the agreement is for one (1) year, but renews automatically for terms of one (1) year each, until May 31, 2024. The Agreement may be terminated by either party, with or without cause, after giving 90 days' notice. The County will sell the mixed paper (current market price is $55.00 per ton) and the recyclables (current market price for plastics #1 and #2 is approximately is $220.00 per ton). PREVIOUS ACTION: FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the Agreement and authorize the Chair to sign the Agreement. COMMISSION ACTION: Coordination/Signatures Packet Pg. 221 9.A.1.a AGREEMENT THIS AGREEMENT is made and entered into this day of , 2014 ("Effective Date"), by and between St. Lucie County ("County"), a political subdivision of the State of Florida and Wynne Building Corporation ("Wynne"), a corporation which is authorized to do business in Florida. RECITALS WHEREAS, the County owns and operates various solid waste management facilities ("Facilities") located at 6120 Glades Cut - Off Road, City of Fort Pierce, Florida, including facilities that are used for Processing Recyclable Material; and WHEREAS, Wynne wishes to deliver Recyclable Material to the County's Facilities for Processing in a "single stream" (i.e., the different types of Recyclable Materials are collected together and comingled, rather than being collected and handled in two or more separate streams of material); and WHEREAS, the County has concluded that it is in the public interest to provide for the single stream Processing of the Recyclable Material delivered by Wynne. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement and other good and valuable consideration provided by the Parties to each other, the receipt and sufficiency of which are hereby acknowledged, the County and Wynne agree to be bound by and comply with the terms and conditions in this Agreement, as set forth below: 1. The capitalized terms used in this Agreement are defined herein or in Section 403.703, Florida Statutes. The County and Wynne are each a "Party" and collectively are the "Parties" to this Agreement. 2. The Parties agree that the Recitals set forth above are accurate and correct. 3. The County shall allow Wynne to deliver its Recyclable Materials to the County's Facilities in a single stream, beginning on June 1, 2014. Until the County's Facilities are able to process single stream Recyclable Materials, the County shall not charge any fee to Wynne, and the County shall not pay any fee to Wynne, for the delivery, receipt and Processing of 1 Packet Pg. 222 9.A.1.a Wynne's Recyclable Materials. When the County's Facility is capable of processing single stream Recyclable Materials, as determined by the County, the County will pay Three Dollars ($3.00) per ton to Wynne for each ton of Recyclable Materials delivered in a single stream, and Fifteen Dollars ($15.00) per ton for mixed paper that is delivered in a segregated load (i.e., the load predominately or exclusively consists of mixed paper). The County's payments shall be made on a quarterly basis, in compliance with applicable Florida Statutes. 4. The term of this Agreement shall begin on the Effective Date and shall expire on May 31, 2015. This Agreement shall renew automatically, without any further action by either Party, for additional terms of one (1) year each, until May 31, 2024, unless this Agreement is terminated earlier. 5. This Agreement may be terminated by either Party, with or without cause, ninety (90) days after giving notice of intent to terminate. 6. Wynne shall not deliver and the County shall not accept Hazardous Wastes or Hazardous Substances. 7. This Agreement shall be governed by the laws of the State of Florida. Venue for any legal actions instituted under, based on, or arising out of this Agreement, shall be exclusively in the state and federal courts in and for St. Lucie County, Florida. 8. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and shall remain valid and enforceable to the extent permitted by law. 9. Both Parties acknowledge that they are represented by legal counsel and they have had meaningful input into the terms and conditions contained in this Agreement. Therefore, any doubtful or ambiguous provisions contained herein shall not be construed against the Party that physically prepared this Agreement. 10. The County and Wynne are the only Parties to this Agreement. There are no third party beneficiaries to this Agreement and no third party is entitled to assert a claim against either one of them based upon this Agreement. 2 Packet Pg. 223 9.A.1.a IN WITNESS WHEREOF, the County and Wynne have caused this Agreement to be executed by their respective, duly authorized representatives, as of the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA Deputy Clerk BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney CONTRACTOR: WYNNE BUILDING CORPORATION WITNESSES: Signature Printed Name and Title day of Signature Printed Name and Title day of BY: Signature Printed Name and Title 2014 day of 2014 3 011M ] Packet Pg. 224 9.A.1.a STATE OF FLORIDA ) COUNTY OF ST. LUCIE ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared as , of Wynne Building Corporation, an organization authorized to do business in the State of Florida, and executed the foregoing "Agreement" as the proper official of Wynne Building Corporation for the use and purposes mentioned in it and affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 2014. My Commission Expires: NOTARY PUBLIC I Packet Pg. 225 9.A.2 ITEM NO. (ID # 2129) 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: 05/20/2014 *REGULAR AGENDA\COUNTY ATTORNEY Second Amendment to Exclusive Residential Collection Service Agmt - Waste Pro of Florida, Inc. On May 12, 2009, the County and Waste Pro entered into an Exclusive Residential Collection Service Agreement. On February 19, 2013, the County and Waste Pro entered into a First Amendment to the Exclusive Agreement. The First Amendment requires Waste Pro to collect recyclable materials in recycling carts and to deliver the recyclable material to the County's single stream facility for processing. The First Amendment was based in part on the expectation that the County's single stream facility would be operational by January 15, 2014, but unanticipated issues have delayed the County's ability to accept and process these materials. County staff has negotiated a Second Amendment to the Waste Pro contract to provide for the processing of recyclable materials until the County's facilities are fully operational. Attached is a copy of a proposed Second Amendment to the Exclusive Residential Collection Service Agreement with Waste Po. Under the proposed Second Amendment: • The County will waive its $2.50, per ton, loading fee for the interim period between the implementation of the single stream recycling program and the commencement of operation of the County's single stream facility. • Waste Pro will waive its exclusive right to deliver recyclables to the County's facility and thus allow the County to accept single stream recyclables from other persons when the County deems it to be in the public interest. There is a specific acknowledgment that the County may accept single stream recyclable materials from Wynne Building Corporation beginning June 1, 2014. • The County will allow Waste Pro to dispose of certain non -recyclable materials in the County's landfill, at no charge, in amounts that are up to fifteen percent (15%) of the weight of the single stream recyclable materials, until the County's facilities are capable of processing single stream recyclable materials. County staff anticipates that the single stream facility will be operational in October 2014. PREVIOUS ACTION: Packet Pg. 226 9.A.2 FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the Second Amendment and authorize the Chair to sign the Second Amendment. COMMISSION ACTION: Coordination/Signatures Updated: 5/19/2014 2:52 PM by Shane A. De Witt A Page 2 Packet Pg. 227 9.A.2.a SECOND AMENDMENT TO EXCLUSIVE RESIDENTIAL COLLECTION SERVICE AGREEMENT This "Second Amendment To Exclusive Residential Collection Service Agreement" ("Second Amendment") is dated this day of , 2014 ("Effective Date"), by and between St. Lucie County, a political subdivision of the State of Florida, and Waste Pro of Florida, Inc. ("Contractor"), a division of Waste Pro USA, Inc. RECITALS WHEREAS, on May 12, 2009, the County and the Contractor entered into an "Exclusive Residential Collection Service Agreement" ("Agreement"), which requires the Contractor to collect certain Residential Waste and Recyclable Material; and WHEREAS, on February 19, 2013, the County and the Contractor entered into the "First Amendment to Exclusive Residential Collection Service Agreement" ("Amendment"), which requires the Contractor to collect Recyclable Materials in Recycling Carts and then deliver the Recyclable Materials to the County's Facilities for processing in a "single stream" (i.e., the Recyclable Materials are collected and delivered together, rather than being separated into two or more "streams" of material); and WHEREAS, the Amendment was based in part on the expectation that the County's Facilities would be able to process single stream Recyclable Materials by January 15, 2014, but unanticipated issues have delayed the County's ability to accept and process these materials; and WHEREAS, the County wishes to work cooperatively with the Contractor to provide for the processing of Recyclable Materials until the County's Facilities are fully operational; and WHEREAS, the provisions in this Second Amendment will protect the public health, safety, and welfare, and, therefore, are in the public interest. NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency which is hereby acknowledged, the County and the Contractor agree that 1 Packet Pg. 228 9.A.2.a they shall be bound by and shall comply with the following provisions of this Second Amendment: 1. The County and the Contractor agree that the Recitals set forth above are accurate and correct. 2. The capitalized words and phrases used in this Second Amendment are defined in the Agreement. 3. The County currently charges a fee of Two Dollars and Fifty Cents ($2.50) per ton for loading Recyclable Materials into transfer trailers for the Contractor, after the materials have been processed in the County's Facilities. The County hereby waives the payment of this fee by the Contractor until the County's Facilities are able to process the single stream Recyclable Materials delivered by the Contractor. 4. The single stream Recyclable Materials shipped from the County's Facilities are expected to contain materials that cannot be recycled because the materials are unduly contaminated or otherwise consist of "rejects" or "residue." The Contractor may return these rejects and residues to the County Facilities for disposal in the County's landfill, at no charge, until the County's Facilities are capable of processing single stream Recyclable Materials, as determined by the County. The weight of the rejects and residues returned by or on behalf of the Contractor in any month shall not exceed fifteen percent (150) of the weight of the single stream Recyclable Materials delivered by the Contractor to the County for processing during the prior month. However, nothing herein shall authorize Contractor to deliver or require the County to accept any material that is not approved for disposal in the County's landfill under Applicable Law, including the County's permits. 5. Pursuant to the County's Rate Resolution No. 13-026 (dated February 19, 2013), the Contractor is the only Person that is allowed to deliver single stream Recyclable Materials to the County's Facilities for processing. After the Effective Date of this Second Amendment, the County may accept single stream recyclables from other Persons, when the County deems it to be in the public interest. The Contractor acknowledges and agrees that the County may accept single stream Recyclable Materials from Wynne Building Corporation, beginning June 1, 2014. 6. In exchange for the concessions granted herein by the County, the Contractor hereby waives and relinquishes any and 2 Packet Pg. 229 9.A.2.a all claims it may have now or in the future that arise from or are related to the County's inability to process single stream Recyclable Materials at the County's Facilities between the Transition Date (January 1, 2014) and the date when the County's Facilities actually are able to process such materials. 7. Except as explicitly provided herein, all of the remaining terms and conditions in the Agreement shall remain in full force and effect. 3 Packet Pg. 230 9.A.2.a IN WITNESS WHEREOF, the Parties have made and executed this Second Amendment, as attested to by the signature of their duly authorized officers or representatives as of the day and year first above written. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney WITNESSES: WASTE PRO OF FLORIDA, INC. BY: Signature Signature Printed Name and Title Printed Name and Title day of 2014 day of 2014 Signature Printed Name and Title day of 2014 STATE OF FLORIDA ) COUNTY OF ST. LUCIE ) n Packet Pg. 231 9.A.2.a BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared , as , of Waste Pro of Florida, Inc., an organization authorized to do business in the State of Florida, and executed the foregoing "Second Amendment to Exclusive Residential Collection Service Agreement" as the proper official of Waste Pro of Florida, Inc., for the use and purposes mentioned in it and affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 2014. My Commission Expires: 5 NOTARY PUBLIC Packet Pg. 232