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Home My WebLink AboutAgenda Packet 05-25-04 ~ - " ...I rZ2_~':'::~Si::·~Z~;\-.=~~~:L~~~;;~~~:I:~l,~ª~~:~;::i1¡{ty MAY 25, 2004 9:00 AM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME ALL MEETINGS ARE TELEVISED. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: 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 are usually heard on the first and third Tuesday at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard 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 allotted at the beginning of each meeting of general public comment. Please limit comments to five 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 at 7:00 P.M. and on the second and fourth Tuesdays 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 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 St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ----- \.t BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fI.us Paula A. Lewis, Chairman John D. Bruhn, Vice Chairman Doug Coward Frannie Hutchinson Cliff Barnes May 25,2004 9:00 A.M. INVOCA TION PLEDGE OF ALLEGIANCE \wi i~~~IFi~IKçf¿I¿~r11t:"[It1Ej1;51tf;,:f;~J;I~l;~¿r~11~ ~~£f~~~~i~L;2jJ~~i::J"i'filif~~~Y~ District No.3 District No. 1 District No. 2 District No.4 District No.5. 7 LQJ· /1 rm ~ . 7\f\V l [1/1 ~~()~ Li à. '~. INUTES k (b\. ~\ ~\~î\~~Wb~pprove the minutes of the meeting held on May 18, 2004. r\l}~ ~ f. Ü' PROCLAMA TIONS/PRESENT A TIONS .~t: í ~~, ID]JJ!' Ä. Resolution No. 04-143 - Proclaiming June 12, 2004, and June 13, 2004, as "WINGS IN / 'r-~('Y WHEELS AIR AND MILITARY VEHICLE SHOW WEEKEND" in St. Lucie County, Florida - 0~~1J~ / Consider staff recommendation to adopt Resolution No. 04-143 as drafted. V 2004 Employee Picnic Trophy Presentation c. / Tourism and Economic Development Division - Economic Development Status Update ~ Reading of the announcements by the County Administrator 3\ \, ERAL PUBLIC COMMEN~. ' ('Ý1~~' ~qC- PLdIQcf+\- \ ðr ;i4. SENT AGENDA C . c ~ ¡ I/O, " d'8 i"UI\'>"O t "'/:'f"'" ú T h"", ", I f\ J."Jù h 0- CA \ ~ &~,.._".,-_._,..,_...._....._- ......-,...-.......-....-.- ~-=-~_.~..'__..~..:._.............r_,.'\._~..;.-_...!.7_:_~_..,.-=................._ -_'_~"__'-:_""";_'.4"_-""""""'''''''__'''--'''·''''_'''·----''''''' PUBLIC HEARINGS SA. There are no Public Hearings scheduled for May 25, 2004. END OF PUBLIC HEARINGS .--:......c...._.~....-.-..._,.._~__~__·~_~_·~_~_~---------'-.:.._~"--'*'-_.u....r·~-. _....=-....---"""-_.,-,..."""..........._,--=;.....=..,._....._~-~.. ---"""'- -----,.---~#_'*'-.....--- . \J. ~\~ J1¥.DMINISTRA TION ~~\X . ~V, &:~ " !~~ y'P Consider staff recommendation to change the time of all Board night meetings from 7pm to 6 pm. \) 7. ADMINISTRATION ò . \ I. \ If' rL ~ , III I ¡ ¡ ~ 0 N2.cù I ':) ( C n1 W\¡1I2";) ( ·t (Gtnn I L --tû tL ì IrS ¿I'I A=1 n¿é. t ù :;erUG Joint meeting with Port St. Lucie, Fort Pierce, and the St. Lucie County School District -/èonsider staff recommendation to appoint three of its members to the local government subcommittee. '-" --' Regular Agenda May 25, 2004 pay Two . {~\: /¡COUNTY ATTORNEY ~\~:y,/St. Lucie County Research Center Park - Contracts for Sale and Purchase - Bolin Property - Consider staff (\¡ff'\I\>-\J-' recommendation to approve the Contract for Safe and Purchase and authorize the Chairman to sign the \.;" Contracts. 9.Jà COUNTY ATTORNEY \~~{ (0) ')~olution No. 04-157 - Providing Financing for North County Utilities - Consider staff recommendation iY\Vv'(-~'o approve Resolution No. 04-157 as drafted. . ,¡..~,. ~)" [\ o. ADMINISTRATION Bi-Weekly Committee Reports - Board to provide updates on the Committees and Advisory Boards that () \'1 they serve on. ~;-~{ nli , ~ -{t; ~ --- \.f '..I CONSENT AGENDA MAY 25. 2004 1. WARRANTS LISTS Approve warrants list No. 36 2. PARKS AND RECREATION USA Tennis - Florida Grant Acceptance & Approval of Budget Resolution Number 04-115 - Consider staff recommendation to approve Budget Resolution #04-115 and accept the grant from USA Tennis- Florida in the amount of $1,500.00. 3. COUNTY ATTORNEY InterlocaI Agreement - FCIC/NCIC Responsibilities - Consider staff recommendation to approve the attached Interlocal Agreement and authorize the Chairman to sign the Agreement. 4. HUMAN RESOURCES Public Safety Reclassification - Consider staff recommendation to approve the reclassification of Part time Data Entry Clerk, Pay Grade 13 to Full time Data Entry Clerk, Pay Grade 11. 5. ADMINISTRATION Invest Committee Appointment - Consider staff recommendation to ratify Commissioner Bruhn's appointment of Ann Berner to the Investment Committee. 6. PUBLIC WORKS A. Solid Waste Division - Request for Board approval of Equipment Request EQ 04-259 to purchase a LED 4160C Adaptive Micro Systems Tri-Color Display sign with wireless remote control programmer and programming software from YARE, Inc. Consider staff recommendation to approve EQ 04-259 in the amount of $2,486. B. Solid Waste Division - Consider staff recommendation to authorize the submittal of the Florida Department of Environmental Protection Waste Tire Grant Application for fiscal year 2004/05, and to authorize the Chairman to sign the application, agreements, and quarterly reimbursement requests. C. Road and Bridge Department - Approval of Equipment Request EQ04-256 and Budget Amendment BA04-149 for the purchase of a BIUT-800 Bus Interface Unit Tester for the Traffic Operations Unit in the amount of $5,000.00. Consider staff recommendation to approve EQ04- 256, BA 04-149 and purchase of the BIUT-800 Bus Interface Unit Tester in the amount of $5,000.00 from Athens Technical Specialists, Inc., using available funds from the JPA Grant 101215. D. Road and Bridge Department - Approval of revised Equipment Request EQ04-161 to purchase a new Crawler Loader with Tracks as budgeted for $60,000. Consider staff recommendation to approve change equipment request EQ04-161 to a Crawler Loader with Tracks at the same budgeted amount of $60,000 and to allow staff to advertise for bid this equipment item. E. Engineering Division - Change Order No. 1 in the amount of $2,779 for the Picos Road Paving & Drainage from Rock Road to King's Highway project - Consider staff recommendation to approve and authorize the Chairman to sign Change Order No.1. Consent Agenda May 25, 2004 Page Two 7. Ç!ßANTS '-' ....I F. Road and Bridge Division - Joint Participation Agreement between the Florida Department of Transportation (FOOT) and St. Lucie County for streetlight on US 1 (SR 5) from North of SR A- l-A to South of SR 713 (King's Highway). - Consider staff recommendation to approve Resolution No. 04-156 authorizing the Chair to execute the Joint Project Agreement as approved by the County Attorney. A. Authorize the Cultural Affairs Council Director to sign the grant application for the Historical Resources Grant: Special Category Grant Program from the Florida Division of Historical Resources and to accept the grant if approved for funding. Consider staff recommendation to authorize the Cultural Affairs Council Director to sign the application for the Historical Resources Grant. B. Authorize the submittal of a grant application to the FishAmerica Foundation and the acceptance of the grant if it is funded. This grant is for wetland restoration at Wildcat Cove and requires a 1: 1 match that can be in the form of cash, in-kind services, or recently acquired land. Since Wildcat Cove has been recently acquired, these acquisition costs will be utilized as match. The grant, in an amount not to exceed $ 50,000, will be for the installation of six culverts and the removal of invasive plants. Consider staff recommendation to authorize the submittal and acceptance of the FishAmerica grant. 8. INVESTMENT FOR THE FUTURE A. Contract Change Order #2 to Contract C03-06-452 - Administration Building Addition/Barth Construction, Inc. - Consider staff recommendation to approve Change Order No.2 to Contract No. C03-06-452, Barth Construction, to increase the contract amount by $40,068.00 and contract time an additional six (6) days for a completion date of November 18th, 2004, for the Administration Building Addition and authorized the Chair to sign the Change Order as prepared by the County Attorney. B. Engineering Division - Platt's Creek Stormwater Project - Work Authorization No. 5 (C03-10- 686) for Soil Testing Services with Dunkelberger Engineering & Testing, Inc. - Consider staff recommendation to approve Work Authorization No.5 in the amount of $25,000, and authorize the Chairman to sign. 9. PURCHASING PULLEDC. A. First Amendment to Contract No. C03-12-743 with Kelly Services, Inc. amending the contract to allow Agency to conduct background searches as required by the County and authorize payment for the charges by the Agency for this service. - Consider staff recommendation to approve the First Amendment to Contract No. C03-12-743 and authorize the Chairman to sign the amendment as prepared by the County Attorney. B. First Amendment to Contact No. C03-12-745 with Treasure Coast staffing, amending the contract to allow Agency to conduct background searched as required by the County and authorize payment for the charges incurred by the Agency for this service. - Consider staff recommendation to approve the First Amendment to Contract No. C03-12-745 and authorize the Chairman to sign the amendment as prepared by the County Attorney. Bid #04-044 - Purchase & Install Three (3) Variable Frequency Drives for Air Handler Units - Consider staff recommendation to award Bid #04-044 to low bidder Sunchaser Mechanical for $14,900.00 and authorize the Chairman to sign the contract as prepared by the County Attorney. D. Permission to advertise Invitation for Bids for Courier Services - Consider staff recommendation to approve the request for permission to advertise Invitation for Bids for Courier Services. .--- \.f '...J Consent Agenda May 25, 2004 Page Three E. Permission to advertise Request for Proposals for Medical and Mental Health Services for inmates at the St. Lucie County Detention Center. - Consider staff recommendation to approve the request for permission to advertise Request for Proposals for Medical and Mental Health Services for inmates at the St. Lucie County Detention Center. F. Permission to advertise Request for Proposals for River Boat Tours - Consider staff recommendation to approve the request for permission to advertise Request for Proposals for River Boat Tours. G. Bid #04-051 - Purchase of One Vibratory Soil Compactor with Smooth Drum - Consider staff recommendation to award Bid #04-051 - to lowest responsive and responsible bidder, GS Equipment for $65,350.00. H. First Extension to the contracts with the firms listed on the attached Bid Award Form for Appraisal of County Parcels - Consider staff recommendation to approve the first extension to the contracts with the firms listed and authorize the Chairman to sign the extensions as prepared by the County Attorney. I. First Extension to the contracts with the suppliers listed on Bid Award Form for the Purchase of Herbicides, and Fertilizer - Consider staff recommendation to approve the first extension to the contracts and authorize the Chairman to sign the extensions as prepared by the County Attorney. J. Award Bid #04-026 Media Equipment for TV Studio - Consider staff recommendation to give permission to correct the typographical error and change the award amount of the low bidder, B&H Photo Video, to $56,323.50. 10. UTILITIES Ditch Diggers, Inc. for the North County District's Route #2 for the extension of a force main interconnection with FPUA in the amount of $1,167,991.53 and approve Budget Resolution 04-158 - Consider staff recommendation to approve the quote from Ditch Diggers, Inc. for the North County District's Route #2 for the extension of a force main interconnection with FPUA in the amount of $1,200,000 and approve Budget Resolution 04-158. 11. CENTRAL SERVICES Work Authorization/Sims Wilkerson Engineering, Inc. - Security System and Fire Alarm Upgrade/Rock Road Correction Facility - Consider staff recommendation to approve the request for a Work Authorization in the amount of $29,000.00 with Sims Wilkerson Engineering to provide additional services at Rock Road Correctional Facility and authorize the Chair to sign the Work Authorization as prepared by the County Attorney. 12. COMMUNITY SERVICES Fourth Amendment extending the term of the contract with Habitat for Humanity through the 2004-05 SHIP funding cycle, subject to the continued availability of SHIP funding for the County, and clarify the Scope of Work and compensation procedures. - Consider staff recommendation to approve the fourth amendment and authorize the chair to sign all necessary documents. 13. AIRPORT Airport West Commerce Park Economic Development Administration (EDA) $1.5 million Grant Acceptance - Consider staff recommendation to approve the contract from the U. S. Department of Commerce, Economic Development Administration to accept the $1.5 million in federal funds towards the construction of the Airport West Commerce Park (AWCP) at St. Lucie County International Airport. \..,. '"""" ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS .... ".~,~ _-...0.<...,.,...._ __...~.... _'~""--'_.>'._n.<y."<_·..---~",-'~'~_-.~' ...,..._.,"'.....-..~,._,.'<_.~."'".._.......,-...."">P"_ ANNOUNCEMENTS MAY 25, 2004 A. Meeting Changes: ~e June 15, 2004 Board of County Commissioners meeting will be changed to 6:00 pm. VThe July 6, 2004 Board of County Commissioners meeting has been canceled. B. On Saturday, June 12th, at 7:30 p.m. the St. Lucie Mets will host the 2004 Florida State League All-Star Game at Tradition Field in Port St. Lucie. This will be the 42nd All Star Game for the league, and the second time since the New York Mets first came to our community that the event has been held at the St. Lucie County Sports Complex. C. The Treasure Coast "Wings IN Wheels" Air Show is scheduled for June 12th & 13th, 2004, at the St. Lucie County International Airport. The Gates open at 9:00 a.m., and the opening ceremony is scheduled for 11 :00 a.m. on Saturday, June 12th. Air performances will run from 2 to 4 p.m. each day. Admission is $7 for adults and $3 for children. D. The Blueway Advisory Committee will hold a public hearing on June 14th, 2004 at 6 pm in the Roger Poitras Administration Annex, third floor conference room on the Management Plan for Queens Island Preserve. For more information or to review a copy of the proposed management plan, please contact the Environmental Resources Division at (772) 462-2526. E. The Board of County Commissioners will hold a Mining Educational Presentation 'on our local regulations and procedures and to receive technical information on the status of materials regarding mining operations in the county. This Presentation will take place on June 29, 2004 from 6:00 pm to 8:00 pm in the County Commission Chambers and we ask that you please submit any questions by June 11 th so that they can be addressed at the Presentation. F. The Board of County Commissioners will hold a Workshop to discuss Native Habitat Inventory and a list of prioritized parcels for acquisition will be presented. The Workshop will be held from 2 pm - 4 pm on June 7, 2004 in Conference Room # 3. Please submit any questions prior to presentation so that they can be addressed at that time. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meeting~ will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ......-- \.; ...." ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT _,.~...__........~."):_ .,_,_·..u._~.,;..-_~.....,,_ ",,",-.:o.""_,~_ ...._..,..._ _z._~_....,,_,~"""........__;_""",..._,.._ ....."^--.,,- John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 .....~._,..-._._-_,....._..,_...._-..- ---'_...:0........,,--.. :., _~ ...,._..,.,._.""·,.__.M'_...... ..-._' __~,-".......,_ AGENDA May 25, 2004 .(~~ MINUTES " \ I\t+~'" ~ <-)^,ì -r\\?r\ßvbl/~ 'Approve the minutes of the meeting held May 11, 2004. f0 r C¡;{Í' 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 35 and 36. 2. MOSQUITO CONTROL )A. , ,,', {-/~ " ",,(0 J,U\i-¡ \ pt~ y,' \~~tcP 'ìrJ\\ !j\ l (Y Indian River Lagoon License Plate Program FY 2004 - Grant Application - Consider staff recommendation to authorize staff to submit the application for an Indian River Lagoon Plate FY 2004 Grant in the amount of $47,899.00, and provide local match from USDA/NRCS (already received) in the amount of $104,080.00, and local (District) sources in the amount $25,800.00 (plus in-kind services). \ &.tl) Use Reserves for Replacement of Two Rotary Cutters - Approval of Equipment Number ~QG\ . ) ,'J:y EQ 04-258 and Budget Amendment No. BA 04-150. Consider staff recommendation to N~\Ò \,ß' ¿,ð'l approve Budget Amendment No. BA 04-150 and Equipment Request form EQ 04-258 for the t \1\^''1'' ''0\)' purchase of two replacement 8 ft. rotary cutters, in the amount of $ 7,600.00. CIL ~ C. 0 Purchase and Installation of Cellular Monitoring System for Bear Point Mitigation Bank - Bid " ,{ , Waiver Request - Sole Source Provider of Integration Services - Consider staff recommendation to . ¡C¿\I .... () approve a Bid Waiver for Sole Source to Locher Environmental Technology, LLC, in the amount of \\:.\v{ D'-: \).!rv-J \/ $69,241, for purchase and installation of an integrated Cellular Monitoring System and approve t'1\ "",. t..¡ .v.'. to negotiate price and contract with Locher for monthly service and additional materials/parts err\ ~\..') (quoted service charge of $850.00 per mo.) and approve Equipment Request Form No. EQ 04- 260, and Budget Amendment No. 04-151. D. ,l Bid Waiver and Piggyback Broward County School Board Project No. 3041-96-08 Mitigation ~c{ JJ Project (Landscaping) with Native Technologies, Inc. for a total of $87,959.00 - Consider staff '\)\~~\ )\/ U. . recommendation to approve the waiver of the bid process and give permission to piggyback Î \ \ '7 ß~oward County School Board Project No. 3041-96-08 and authorize the Chairman to sign the A\0'" '0J \,~ntract as prepared by the County Attorney. L~ ì\y~'(;Y NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be S'ovorn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. '- ~ ST. LUCIE COUNTY EROSION DISTRICT 'M."~=_ _~..".__.._..~>._ '^'..~..- ,,-'M"_ .",.,..- ,.~ -....- .".~..._- .'~" ,--_.~-,~-- John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 ....,"''-".''''.__.n.,-'...~..:_--~··,:.,,:_-'~-_·,·.:-,_·'- - -""-":-'- - -,:__.""0"_"'_-·'--"- AGENDA May 25, 2004 ",,(,fJ L.~UTES J~~ ')' 1 IA :~)t,ø Approve the minutes of the meeting held May 11, 2004. rtf' \ 11' L 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 35 and 36. 2. EROSION CONTROL -.õ1 ¿L\ A. ~'P\VD 'C ! \ II ( . :)1 7 11 \ l2V, \ v')' -\' it (f'1^í' f~lf ( B.,ý Feasibility Cost Sharing agreement and corresponding draft Project Management Plan form the 'CD' J[, U.S. Army Corps of Engineers (USACOE) regarding the southern shoreline of St. Lucie County - ,,~ 0 /) Consider staff recommendation to approve the Feasibility Cost Sharing agreement and execute said 1 ' )1 / \}v \ agreement by the Chairman; contingent on review and approve the final Project Management Plan , .... (I('I' ~\r' j¿.' ')Á¡'\ Y by the County Attorney. Ccv' -t.p-./ General Re-Evaluation Report (GRR): Enter into Amendment No.1 to Work Authorization No. 12 (C-00-12-181) with Taylor Engineering, Inc. for additional services related to the Fort Pierce Shore Protection project. _ Consider staff recommendation to approve Amendment No. 1 to the Work Authorization No. 12 with Taylor Engineering, Inc. ($41,830) and execute of said agreement by the Chairman. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. / '- ...,I ;~~/J MAY 25 2004 !, . ~ / 9:00 AM BOARD OF COUNTY COMMISSIONERe MEETING AGENDA WELCOME ALL MEETINGS ARE TELEVISED. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at loday's Board meeting: 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 are usually heard on the first and third Tuesday at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard 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 h.earing, 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 allotted at the beginning of each meeting of general public comment. Please limit comments to five 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 at 7:00 P.M. and on the second and fourth Tuesdays 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 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 St. Lucie County Community Services Director at (772) 462- t 777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. '-' BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fI.us Paula A. Lewis, Chairman John D. Bruhn, Vice Chairman Doug Coward Frannie Hutchinson Cliff Barnes District No. 3 District No. 1 District No. 2 District No.4 District No. 5 May 25, 2004 9:00 A.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held on May 18, 2004. 2. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 04-143 - Proclaiming June 12, 2004, and June 13, 2004, as "WINGS IN WHEELS AIR AND MILITARY VEHICLE SHOW WEEKEND" in St. Lucie County, Florida - Consider staff recommendation to adopt Resolution No. 04-143 as drafted. B. 2004 Employee Picnic Trophy Presentation C. Tourism and Economic Development Division - Economic Development Status Update D. Reading of the announcements by the County Administrator 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARINGS SA. There are no Public Hearings scheduled for May 25, 2004. END OF PUBLIC HEARINGS 6. ADMINISTRATION Consider staff recommendation to change the time of all Board night meetings from 7pm to 6 pm. 7. ADMINISTRATION Joint meeting with Port St. Lucie, Fort Pierce, and the St. Lucie County School District - Consider staff recommendation to appoint three of its members to the local government subcommittee. '--' ...I Regular Agenda May 25, 2004 Page Two 8. COUNTY ATTORNEY St. Lucie County Research Center Park - Contracts for Sale and Purchase - Bolin Property - Consider staff recommendation to approve the Contract for Sale and Purchase and authorize the Chairman to sign the Contracts. 9. COUNTY ATTORNEY Resolution No. 04-1 57 - Providing Financing for North County Utilities - Consider staff recommendation to approve Resolution No. 04-157 as drafted. 1 O. ADMINISTRATION Bi-Weekly Committee Reports - Board to provide updates on the Committees and Advisory Boards that they serve on. '--' .,J CONSENT AGENDA MAY 25. 2004 1. WARRANTS LISTS Approve warrants list No. 36 2. PARKS AND RECREATION USA Tennis - Florida Grant Acceptance & Approval of Budget Resolution Number 04-115 - Consider staff recommendation to approve Budget Resolution #04-115 and accept the grant from USA Tennis- Florida in the amount of $1,500.00. 3. COUNTY ATTORNEY Interlocal Agreement - FClC/NCIC Responsibilities - Consider staff recommendation to approve the attached Interlocal Agreement and authorize the Chairman to sign the Agreement. 4. HUMAN RESOURCES Public Safety Reclassification - Consider staff recommendation to approve the reclassification of Part time Data Entry Clerk, Pay Grade 13 to Full time Data Entry Clerk, Pay Grade 11. 5. ADMINISTRATION Invest Committee Appointment - Consider staff recommendation to ratify Commissioner Bruhn's appointment of Ann Berner to the Investment Committee. 6. PUBLIC WORKS A. Solid Waste Division - Request for Board approval of Equipment Request EQ 04-259 to purchase a LED 4160C Adaptive Micro Systems Tri-Color Display sign with wireless remote control programmer and programming software from YARE, Inc. Consider staff recommendation to approve EQ 04-259 in the amount of $2,486. B. Solid Waste Division - Consider staff recommendation to authorize the submittal of the Florida Department of Environmental Protection Waste Tire Grant Application for fiscal year 2004/05, and to authorize the Chairman to sign the application, agreements, and quarterly reimbursement requests. C. Road and Bridge Department - Approval of Equipment Request EQ04-256 and Budget Amendment BA04-149 for the purchase of a BIUT-800 Bus Interface Unit Tester for the Traffic Operations Unit in the amount of $5,000.00. Consider staff recommendation to approve EQ04- 256, BA 04-149 and purchase of the BIUT-800 Bus Interface Unit Tester in the amount of $5,000.00 from Athens Technical Specialists, Inc., using available funds from the JPA Grant 101215. D. Road and Bridge Department - Approval of revised Equipment Request EQ04-161 to purchase a new Crawler Loader with Tracks as budgeted for $60,000. Consider staff recommendation to approve change equipment request EQ04-161 to a Crawler Loader with Tracks at the same budgeted amount of $60,000 and to allow staff to advertise for bid this equipment item. E. Engineering Division - Change Order No. 1 in the amount of $2,779 for the Picos Road Paving & Drainage from Rock Road to King's Highway project - Consider staff recommendation to approve and authorize the Chairman to sign Change Order No.1. \.- ...J Consent Agenda May 25, 2004 Page Two F. Road and Bridge Division - Joint Participation Agreement between the Florida Department of Transportation (FDOT) and St. Lucie County for streetlight on US 1 (SR 5) from North of SR A- l-A to South of SR 713 (King's Highway). - Consider staff recommendation to approve Resolution No. 04-156 authorizing the Chair to execute the Joint Project Agreement as approved by the County Attorney. 7. GRANTS A. Authorize the Cultural Affairs Council Director to sign the grant application for the Historical Resources Grant: Special Category Grant Program from the Florida Division of Historical Resources and to accept the grant if approved for funding. Consider staff recommendation to authorize the Cultural Affairs Council Director to sign the application for the Historical Resources Grant. B. Authorize the submittal of a grant application to the FishAmerica Foundation and the acceptance of the grant if it is funded. This grant is for wetland restoration at Wildcat Cove and requires a 1: 1 match that can be in the form of cash, in-kind services, or recently acquired land. Since Wildcat Cove has been recently acquired, these acquisition costs will be utilized as match. The grant, in an amount not to exceed $50,000, will be for the installation of six culverts and the removal of invasive plants. Consider staff recommendation to authorize the submittal and acceptance of the FishAmerica grant. 8. INVESTMENT FOR THE FUTURE A. Contract Change Order #2 to Contract C03-06-452 - Administration Building Addition/Barth Construction, Inc. - Consider staff recommendation to approve Change Order No. 2 to Contract No. C03-06-452, Barth Construction, to increase the contract amount by $40,068.00 and contract time an additional six (6) days for a completion date of November 18th, 2004, for the Administration Building Addition and authorized the Chair to sign the Change Order as prepared by the County Attorney. B. Engineering Division - Platt's Creek Stormwater Project - Work Authorization No. 5 (C03-10- 686) for Soil Testing Services with Dunkelberger Engineering & Testing, Inc. - Consider staff recommendation to approve Work Authorization No.5 in the amount of $25,000, and authorize the Chairman to sign. 9. PURCHASING A. First Amendment to Contract No. C03-12-743 with Kelly Services, Inc. amending the contract to allow Agency to conduct background searches as required by the County and authorize payment for the charges by the Agency for this service. - Consider staff recommendation to approve the First Amendment to Contract No. C03-12-743 and authorize the Chairman to sign the amendment as prepared by the County Attorney. B. First Amendment to Contact No. C03-12-745 with Treasure Coast staffing, amending the contract to allow Agency to conduct background searched as required by the County and authorize payment for the charges incurred by the Agency for this service. - Consider staff recommendation to approve the First Amendment to Contract No. C03-12-745 and authorize the Chairman to sign the amendment as prepared by the County Attorney. C. Bid #04-044 - Purchase & Install Three (3) Variable Frequency Drives for Air Handler Units - Consider staff recommendation to award Bid #04-044 to low bidder Sunchaser Mechanical for $ t 4,900.00 and authorize the Chairman to sign the contract as prepared by the County Attorney. D. Permission to advertise Invitation for Bids for Courier Services - Consider staff recommendation to approve the request for permission to advertise Invitation for Bids for Courier Services. ~ ...,J Consent Agenda May 25, 2004 Page Three E. Permission to advertise Request for Proposals for Medical and Mental Health Services for inmates at the St. Lucie County Detention Center. - Consider staff recommendation to approve the request for permission to advertise Request for Proposals for Medical and Mental Health Services for inmates at the St. Lucie County Detention Center. F. Permission to advertise Request for Proposals for River Boat Tours - Consider staff recommendation to approve the request for permission to advertise Request for Proposals for River Boat Tours. G. Bid #04-051 - Purchase of One Vibratory Soil Compactor with Smooth Drum - Consider staff recommendation to award Bid #04-051 - to lowest responsive and responsible bidder, GS Equipment for $65,350.00. H. First Extension to the contracts with the firms listed on the attached Bid Award Form for Appraisal of County Parcels - Consider staff recommendation to approve the first extension to the contracts with the firms listed and authorize the Chairman to sign the extensions as prepared by the County Attorney. I. First Extension to the contracts with the suppliers listed on Bid Award Form for the Purchase of Herbicides, and Fertilizer - Consider staff recommendation to approve the first extension to the contracts and authorize the Chairman to sign the extensions as prepared by the County Attorney. J. Award Bid #04-026 Media Equipment for TV Studio - Consider staff recommendation to give permission to correct the typographical error and change the award amount of the low bidder, B&H Photo Video, to $56,323.50. 10. UTILITIES Ditch Diggers, Inc. for the North County District's Route #2 for the extension of a force main interconnection with FPUA in the amount of $ 1, 167,991 .53 and approve Budget Resolution 04- 1 58 - Consider staff recommendation to approve the quote from Ditch Diggers, Inc. for the North County District's Route #2 for the extension of a force main interconnection with FPUA in the amount of $1,200,000 and approve Budget Resolution 04-158. 11. CENTRAL SERVICES Work Authorization/Sims Wilkerson Engineering, Inc. - Security System and Fire Alarm Upgrade/Rock Road Correction Facility - Consider staff recommendation to approve the request for a Work Authorization in the amount of $29,000.00 with Sims Wilkerson Engineering to provide additional services at Rock Road Correctional Facility and authorize the Chair to sign the Work Authorization as prepared by the County Attorney. 12. COMMUNITY SERVICES Fourth Amendment extending the term of the contract with Habitat for Humanity through the 2004-05 SHIP funding cycle, subject to the continued availability of SHIP funding for the County, and clarify the Scope of Work and compensation procedures. - Consider staff recommendation to approve the fourth amendment and authorize the chair to sign all necessary documents. 1 3. AIRPORT Airport West Commerce Park Economic Development Administration (EDA) $1.5 million Grant Acceptance - Consider staff recommendation to approve the contract from the U. S. Department of Commerce, Economic Development Administration to accept the $1.5 million in federal funds towards the construction ofthe Airport West Commerce Park (AWCP) at St. Lucie County International Airport. "-' . ...,J ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ANNOUNCEMENTS MAY 25, 2004 A. Meeting Changes: . The June 15, 2004 Board of County Commissioners meeting will be changed to 6:00 pm. . The July 6, 2004 Board of County Commissioners meeting has been canceled. B. On Saturday, June 12th, at 7:30 p.m. the St. Lucie Mets will host the 2004 Florida State League All-Star Game at Tradition Field in Port St. Lucie. This will be the 42nd All Star Game for the league, and the second time since the New York Mets first came to our community that the event has been held at the St. Lucie County Sports Complex. C. The Treasure Coast "Wings IN Wheels" Air Show is scheduled for June 12th & 13th, 2004, at the St. Lucie County International Airport. The Gates open at 9:00 a.m., and the opening ceremony is scheduled for 11 :00 a.m. on Saturday, June 12th. Air performances will run from 2 to 4 p.m. each day. Admission is $7 for adults and $3 for children. D. The Blueway Advisory Committee will hold a public hearing on June 14th, 2004 at 6 pm in the Roger Poitras Administration Annex, third floor conference room on the Management Plan for Queens Island Preserve. For more information or to review a copy of the proposed management plan, please contact the Environmental Resources Division at (772) 462-2526. E. The Board of County Commissioners will hold a Mining Educational Presentation on our local regulations and procedures and to receive technical information on the status of materials regarding mining operations in the county. This Presentation will take place on June 29, 2004 from 6:00 pm to 8:00 pm in the County Commission Chambers and we ask that you please submit any questions by June 11 th so that they can be addressed at the Presentation. F. The Board of County Commissioners will hold a Workshop to discuss Native Habitat Inventory and a list of prioritized parcels for acquisition will be presented. The Workshop will be held from 2 pm - 4 pm on June 7, 2004 in Conference Room # 3. Please submit any questions prior to presentation so that they can be addressed at that time. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. '-" .." BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 18, 2004 Tape: 1 Convened: 7:00 p.m. Adjourned: 8:00 p.m. Commissioners Present; Vice Chainnan, John D. Bruhn, Frannie Hutchinson, Cliff Barnes, Doug Coward Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES (1-029) It was moved by Com. Hutchinson, seconded by Com. Coward to approve the minutes of till.: meeting held May 11,2004; and, upon roll call, motion carried unanimously. 2. PROCLAMA TIONS/PRESENT A nONS A. The County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS Mr. John Arena, Ft. Pierce addressed the Board regarding a Corps of Engineers Public Notice. Sheriff Ken Mascara addressed the Board regarding the over crowding of the jail. He advised the Board of the capacity being almost at the maximum they could handle. He advised the Board of three possible options for housing of inmates over the limit. Com. Barnes suggested a worksession be scheduled with the Chief Judge, the Blue Ribbon Jail Overcrowding Committee to see what could be done to help eliminate some of the over crowding. Staff was directed to schedule this workshop as soon as possible. 4. CONSENT AGENDA (1-787) It was moved by Com. Coward, seconded by Com. Barnes to approve the Consent Agenda with item C3C being pulled; and on C4D the change to the sidewalk project to extend to Indrio Road; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 35. 2. ADMINISTRATION A. The Board approved Change order No.3 for the Fairground Arena for the payment of impact fees ($37,496.35), the cost of an upgraded sprinkler system($34,395.90) and an automatic emergency lighting switch box ($3,171.00). 1 ~ ...., B. The Board approved canceling the July 6, 2004 BCC meeting due to the holiday. 3. COUNTY ATTORNEY A. Revocable License Agreement- SLC School Board -Lawnwood Addition- The Board approved the Revocable License Agreement with the School District, authorized the Chairman to execute the agreement and staff to record the document in the Public Records of St. Lucie County, Florida. B. Christian Fellowship Alive Ministries Inc.,- Quit Claim Deed due to legal description error- The Board approved the Quit Claim Deed, authorized the Chairman to sign the Quit Claim Deed and directed staff to record the document in the Public Records of S1. Lucie County, Florida. C. Petition for Abandonment- Portion of Peterson Road in Section 18- To advertise a Public Hearing to be held on June 8, 2004 at 9:00 a.m. or as soon thereafter as possible. THIS ITEM W AS PULLED. D. The Board approved the Florida Communities Trust Grant Award Agreement for the Indrio Blueway Buffer FCT project, and authorized the County Administrator to sign and transmit the agreement on to Florida Communities Trust on behalf of the County Commission. E. Revocable License Agreement- University of Florid Board of Tmstees- Stormwater drainage pipe under Pmitt Research Center Road - The Board approved the Revocable License Agreement, authorized the Chairman to execute the Revocable License Agreement and instruct IF AS to record the Agreement in the Public Records of St. Lucie County, Florida. F. Walton Road Annex- FPL Easement- The Board approved the easement and the underground new facilities agreement and authorized the Chairman to sign the Easement and the Agreement. G. Temporary Constmction Easement- Weatherbee Road Improvements- C & 0 Properties, Ltd., (Coggin Honda)- Resolution No. 04-154- The Board approved Resolution No. 04-154 and the recording of the Resolution and Temporary Constmction Easement in the Public Records of St. Lucie County, Florida. 4. GROWTH MANAGEMENT A. The Board approved EQ# 04-257 for an HP Laser Jet 4300 dtn as replacement equipment for the GIS Division, B. Request of John and Kathleen Wiley- The Board approved the final plat of Wiley's Landing SID and authorized its final execution. C. The Board approved submitting the Florida Department of Transportation Enhancement Grant FY 2005/06 -2009/10 Tentative Work Program for landscape beautification at the SR 70 pedestrian bridge. The grant application is in the amount of $40,000. D. The Board approved submitting the Florida Department of Transportation grant Fy 2005/06 -2009/1 0 Tentative Work Program ror the construction of one mile of eight foot wide sidewalk on Emerson A venue. 2 05/17/04 F7.ABWARR FUND 001 001131 001149 001157 001158 001163 001271 001285 001286 001288 001809 101 101001 101006 101215 102 102001 102107 105 107 107001 ~ ~O 02 003 129 140 140001 140122 140317 140324 160 183 183001 183004 315 316 316001 316103 401 418 421 441 448 449 451 458 461 4"'71. 479 481 489 491 505 611 625 '- 'WI' ST. LUCIE COUNTY - BOARD , WARRANT LIST #35- 08-MAY-2004 TO 14-MAY-2004 FUND SUMMARY TITLE ¡ General Fund ii FTA Section 5303 Grant' FY01 Section 112/MPO/FHWA/Planning 2004 CSBG Grant FY04 Urban Mobile Irrigation Lab 03/04 Net Loss Commercial Fishing Stories DHR-Historical Museum Grant-In~Aid S.L.C. Mental Health Collaborative FDCA/EMPA 2004 TDC Planning Grant FY 03/04 SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/Impact Fees FDOT Traffic Signal System Grant Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Ped. Coordinator 03/04 Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper Parks MSTU Fund Port & Airport Fund Port Fund USDOT/FAA-Rehab Runway 14-32 Ph1 Construct Taxiway "A" Extension FDOT/Design Runway Rehab-AL642 Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court County Building Fund County Capital ' Transportation Capital John Brooks Pk Dune Crossover Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Ctv Util Dist-Renewal & Replace No Cty Uti1 Dist-Capital Facilities Airport Utilities District Airport Util - Capital Fac Fund Building Code Fund Health Insurance Fund Tourist Development Trust-Adv Fund Law Library GRAND TOTAL: EXPENSES 289,070.33 6.79 293.95 1,160.80 13.53 1,202.01 936.51- 7,900.00 1,222.69 286.94 16.37 85,411.25 410.08 41,292.73 18,026.00 19,110.32 19,563.36 14.76 24.35 28,782.42 371.83 9.43 10,699.78 4,500.00 13,344.86 10,888.97 5,278.50 2,344.20 586.50 2,078.82 397.22 62.30 109.55 419,786.26 337,650.47 218.75 12,850.00 158,255.10 15,424.04 1.28 7,709.68 0.16 0.51 5,896.38 0.85 27,196.83 965.39 1,150.16 1,223,436.85 1.19 0.85 10,183.67 32,186.83 11,662.13 481.86- 2,827,639.65 PAGE 1 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 0.0.0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,361.14 0.00 0.00 7,361.14 "- ..., 5. INVESTMENT FOR THE FUTURE Star Farms- THIS ITEM WAS PULLED PRIOR TO THE MEETING. REGULAR AGENDA 6. COUNTY ATTORNEY (1-1104) Release of Perpetual Conservation Easement-Midway Industrial park-Phase II- Consider staff recommendation to approve the Release of Perpetual Conservation Easement and authorize the Chairman to sign the Release upon payment of the $10,000. ** It was suggested the funds be used for improvements of the Midway Road Corridor Post Office. It was moved by Com. Barnes, seconded by Com. Coward to approve staff recommendation and the suggested use of the funds; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court 3 ~ ¡ ~ '-' ~~~,;g~¡·~~·~~¿ftff~~_~) BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA May 25,2004 CONSENT AGENDA CA 1. PURCHASING Resolution No. 04-159 - Amending the St. Lucie County Manual of Purchasing Regulations by amending Paragraph 3 (Spending Limits) of Section 4.5 (Cardholder Use of Purchasing Card) to add Subsection (e) which allows the County Administrator to authorize the Purchasing Director to make payments on purchases by credit card in order to take advantage of discounts¡ and further amending the St. Lucie County Manual of Purchasing Regulations by Creating Section 18.9 (Hardware/Software) which requires all County computer products, programs, and all other related items for purchase, be sent to the Information Technology Director or his designee for review and approval before any purchases are made for St. Lucie County, Florida - Consider staff recommendation to adopt Resolution No. 04-159 as drafted. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. AGENDA REQUEST , J "wi ITEM NO. e /-.1} ... \ '-' ...... DATE: June 1, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] ADDITIONS TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Purchasing Director Ed Parker Purchasing Director SUBJECT: Resolution No. 04-159 - Amending the S1. Lucie County Manual of Purchasing Regulations by amending Paragraph 3 (Spending Limits) of Section 4.5 (Cardholder Use of Purchasing Card) to add Subsection (e) which allows the County Administrator to authorize the Purchasing Director to make payments on purchases by credit card in order to take advantage of discounts; and further amending the S1. Lucie County Manual of Purchasing Regulations by Creating Section 18.9 (Hardware/Software) which requires all County computer products, programs, and all other related items for purchase, be sent to the Information Technology Director or his designee for review and approval before any purchases are made for S1. Lucie County, Florida. BACKGROUND: On October 7, 1985, the Board of County Commissioners of S1. Lucie County (the "Board") adopted Resolution No. 85-212 which established the purchasing regulations and procedures for S1. Lucie County, Florida, as set forth in the S1. Lucie County Manual of Purchasing Regulations and Procedures (the "Purchasing Manual"), and since that date the Purchasing Manual has been amended from time to time, most recently by Resolution No. 04-66. In order to take advantage of discounts offered when paying with the Purchasing card, it is necessary to amend the Purchasing Manual by amending Paragraph 3 (Spending Limits) of Section 4.5 (Cardholder Use of Purchasing Card); and further amending the S1. Lucie County Manual of Purchasing Regulations by Creating Section 18.9 (Hardware/Software) which requires all County computer products, programs, and all other related items for purchase, be sent to the Information Technology Director or his designee for review and approval before any purchases are made for S1. Lucie County, Florida. The attached Resolution No. 04-159 has been drafted for these purposes. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 04-159 as drafted. .. .... \.- COMMISSION ACTION: Ie] APPROVED [] DENIED [ ] OTHER: Approved 4-0 (Comm. Lewis Absent) County Attorney: :Y Management & Budget JI '" ..." CE: Do g sAnderson County Administrator Review and Approvals Originating Dept. Other: Finance: (Check for Copy only, if applicable)___ Purchasing Other: ¡:~ . Eff. 5/96 .. \, ~ " ; ....; RESOLUTION NO. 04-159 A RESOLUTION AMENDING THE ST. LUCIE COUNTY MANUAL OF PURCHASING REGULATIONS BY AMENDING PARAGRAPH 3 (SPENDING LIMITS) OF SECTION 4.5 (CARDHOLDER USE OF PURCHASING CARD) TO ADD SUBSECTION (e) WHICH ALLOWS THE COUNTY ADMINISTRATOR TO AUTHORIZE THE PURCHASING DIRECTOR TO MAKE PAYMENTS ON PURCHASES BY CREDIT CARD IN ORDER TO TAKE ADVANTAGE OF DISCOUNTS; AND FURTHER AMENDING THE ST. LUCIE COUNTY MANUAL OF PURCHASING REGULATIONS BY CREATING SECTION 18.9 (HARDWARE/SOFTWARE) WHICH, REQUIRES ALL COUNTY COMPUTER PRODUCTS, PROGRAMS, AND ALL OTHER RELATED ITEMS FOR PURCHASE, BE SENT TO THE INFORMATION TECHNOLOGY DIRECTOR OR HIS DESIGNEE FOR REVIEW AND APPROVAL BEFORE ANY PURCHASES ARE MADE FOR ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On October 7, 1985, the Board of County Commissioners for St. Lucie County, (the "Board") adopted Resolution No. 85-212 which established the purchasing regulations and procedures for St. Lucie County, Florida, as set forth in the St. Lucie County Manual of Purchasing Regulations and Procedures (the "Purchasing Manual"); and since that date the Purchasing Manual has been amended from time to time, most recently by Resolution No. 04-66. 2. In order to take advantage of discounts offered when paying with the Purchasing card, it is necessary to amend the Purchasing Manual by amending Paragraph 3 (Spending Limits) of Section 4.5 (Cardholder Use of Purchasing Card). 3. In order for computer products, programs, and all other related items to be compatible with Information Technology Programs it is necessary to amend the .. \ '- , J .."J '. Purchasing Manual by creating Section 18.9 (Hardware/Software) which requires all requests be sent to the Information Technology Director or his designee for review and approval before any purchases are made for St. Lucie County, Florida. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Sf. Lucie County, Florida: 1. The St. Lucie County Manual of Purchasing Regulations and Procedures is hereby amended as shown in the attached Exhibit "A". 2. This resolution shall become effective upon adoption. After motion and second the vote on this resolution was as follows: CHAIRMAN PAULA A. LEWIS XX VICE CHAIRMAN JOHN D. BRUHN XX COMMISSIONER FRANNIE HUTCHINSON XX COMMISSIONER DOUG COWARD XX COMMISSIONER CLIFF BARNES XX PASSED AND DULY ADOPTED this 1 sf day of June, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY \, ~ , J ..."J EXHIBIT "A" 3. TERMINATION OR TRANSFER OF CARDHOLDER á. When an employee ends his/her employment or is transferred to another department, the Department Director shall collect the Purchasing Card, destroy it (cut it in half), and submit the pieces of the card to the Purchasing Card Administrator. b. If the Department Director is unable to collect the Purchasing Card when an employee leaves, he/she shall immediately notify the Purchasing Card Administrator by telephone followed by a memo. The Purchasing Card Administrator will ensure that the card is canceled. 4.5 CARDHOLDER USE OF PURCHASING CARD 1. CARDHOLDER USE ONLY The Purchasing Card shall only be used by the employee whose name is embossed on the card. No other person is authorized to use the card. The cardholder is responsible and accountable for all transactions that occur on his/her card. Upon receipt of the Purchasing Card, the cardholder should NOT sign the back of the card, but, should write in indelible ink one of the following: SEE PHOTO 10, SEE COUNTY 10, or SEE DRIVERS LICENSE. 2. COUNTY PURCHASES ONLY The Purchasing Card is to be used for County authorized purchases only. The Purchasing Card shall not be used for any personal use and any such use will require immediate reimbursement and will result in disciplinary action which may include dismissal. 3. SPENDING LIMITS a. The Department Director approving the assignment of a Purchasing Card will set two limits for each cardholder: single purchase limit and 3D-day limit. The maximum limit shall be $2499 for a single purchase. Additional limitations may be imposed by the requesting Director. b. Requests for spending limit changes shall be initialed by a memo to the Purchasing Director by the Department Director. c. A purchase may be made of multiple items, but the invoice cannot exceed $2499.00 or the Cardholder's limit if less than $2499.00. Charges for purchases shall not be split to stay within the single purchase limit. Splitting charges will be considered abuse of the Purchasing Card Program. d. When it is in the best interest of the county, the Purchasing Director or Designee (s) can over ride larger purchases. :. \ \... .~ .. , .~ e. When in the best interest of the County. the County Administrator may authorize the Purchasina Department to make payment by credit card to take advantaae of discounts. The funds will be encumbered until paid by the card. 4. OTHER CONDITIONS r a. All items purchased over-the-counter must be immediately available. No back ordering is allowed. b. All items purchased during one telephone transaction must be delivered in a single delivery. If an item is not immediately available, no back ordering is allowed. c. All items purchased by telephone must be delivered by the vendor within the 3D-day billing cycle. The order should not be placed without this assurance. 18.7 MODULAR FURNITURE This section has been added to provide additional guidance as it specifically relates to modular furniture. However, the guidelines established in Section 18.6 (Asset Capitalization) of this Purchasing Manual also apply. A. In accordance with Auditor General recommendations, it is recommended that modular furniture be capitalized as part of the building when it is management's intent to have it permanently installed. B. When this is not the case, it should be capitalized as equipment and furniture, by individual unit or by lot. 18.8 HARDWARE COSTS Capitalization guidelines are set forth in Section 18.6 (Asset Capitalization) of this Purchasing Manual. A. This section has been added to provide additional guidance as it specifically relates to computer hardware. COMPUTER HARDWARE CAPIT AUZA TION: Govt. Fund Accts. Proprietary Fund Accts~ 564000 New Equipment (If $750.00 or more) 564000 564000 Cost of Additions/Upgrades (If $750.00 or more) Perm. - Add-on NonPerm - Sep. Asset 564000 , - " \.-r , ; ...., 551501 Cost of Add itions (If Less than $750.00) 551501 551501 Replacement/Upgrade of Add-on or Major Component (If $750.00 or more) 564000 564000 Cost to Replacement Asset 564000 B. Disposition of Computer Hardware - The procedures for the disposition of County property are addressed and should be followed as outlined in Section 18.4 of this Purchasing Manual. 18.9 HARDWARE/SOFTWARE The IT Director, or his designee, is responsible for all County computer and telephone equipment. software, computer security, data and voice circuits, and has final decision makina authority over all computer-related purchases. All computer-related purchases must be reviewed and approved by the IT Director in advance, includina the purchase of hardware, software, peripherals, uparades, licenses, data and voice circuits, and any item that is connected to the County network or a stand-alone computer. Computer-related purchase reauests will be reviewed with consideration of the followina items: * Intended usaae * Initial and onaoina training reauirements * Compatibility and adherence to County standards * Maintenance, repair and support reauirements * Cost/benefit relationship, inclusive of the total cost of ownership * Sec urity * Availability of alternative solutions * Budaetary constraints * Other considerations related to County-wide aoals, policies or benefits All reauests must be in writina and fully explained. This also applies to donated eauipment and eauipment valued below $750. f AGENDA REOUEST '-' ITEM NO. ;( I)- '-" ..... DATE: May 25,2004 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 04-143 - Proclaiming June 12,2004, and June 13,2004, as "WINGS 'N WHEELS AIR AND MILITARY VEHICLE SHOW WEEKEND" in S1. Lucie County, Florida. BACKGROUND: Ms. Inez Frid, Sponsorship Chairperson of Wings 'n Wheels 2004 Air and Military Vehicle Show, has requested that this Board proclaim June 12, 2004, and June 13,2004, as "Wings 'n Wheels Air and Military Vehicle Show Weekend" in S1. Lucie County, Florida. The attached Resolution No. 04-143 has been drafted for that purpose. FUNDS A V All..: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 04-143 as drafted. ~ APPROVED [ ] DENIED [ ] OTHER: NCE: COMMISSION ACTION: Approved 4-0 (Comm. Lewis Absent) D as Anderson County Administrator County Attorney: /) Jd/ ,t Review and Approvals Management & Budget Purchasing : Originating Dept. Other: Other: Finance: (Check for Copy only, if applicableJ___ Eff. 5/96 '-" ....,¡ RESOLUTION NO. 04-143 A RESOLUTION PROCLAIMING JUNE 12, 2004, AND JUNE 13, 2004, AS "WINGS 'N WHEELS AIR AND MILITARY VEHICLE SHOW WEEKEND" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Victory Forge Boot Camp, a program of Victory Children's Home, Port St. Lucie, offering the invaluable community service of rehabilitating and redirecting troubled, youth at high risk into strong, constructive and productive young individuals. 2. The Vietnam Veterans of South Florida strive to keep the lessons that were painfully learned by the Vietnam generation available for future generations by building an interactive museum of the Vietnam War. 3. The men and women who have served in America's Armed Forces have shown the highest form of citizenship and have often made the ultimate sacrifice through their service defending our great nation. 4. Wings 'n Wheels 2004, Air and Military Vehic1e show benefitting The Victory Forge Boot Camp and The Vietnam Veterans of South Florida is an event to recognize and honor all veterans who have served our nation and give our youth the unique opportunity to meet and talk with the many decorated veterans. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida: 1. This Board does hereby proclaim June 12, 2004, and June 13, 2004, as "WINGS 'N WHEELS AIR AND MILITARY VEHICLE SHOW WEEKEND" in St. Lucie County, Florida. , .. '-'-' '"wi 2. This Board urges all our citizens to celebrate the weekend ofJune 12,2004, and June 13, 2004, at Wings 'n Wheels and honor the men and women who have served this County. PASSED AND DULY ADOPTED this 25th day of May, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY r'. " t~ J ~ """'" ITEM NO. DATE: R-6 5-25-04 CåUNTY ~. FLORIDA AGENDA REQUEST REGULAR: ( x ) PUBLIC HEARING: ( ) CONSENT: ( ) SUBMITTED BY (DEPT): ADMINISTRATION L TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Staff requests that the Board change the time of all night meetings from 7pm to 6 pm. BACKGROUND: On the first and third Tuesday of every month, the Board meetings are held at 7pm. Staff requests that the Board change the time of the night meetings to an hour earlier to compensate for longer meetings. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Consider staff recommendation to change the time of all Board of County Commission night meetings from 7pm to 6 pm. Effective June 15, 2004. COMMISSION ACTION: K APPROVED o OTHER: o DENIED Approved 4-0 (Comm. Lewis Absent) D glas Anderson County Administrator Review and Accrovals D County Attorney: D Management and Budget: D Purchasing: D Originating Dept: D Other: D Other: D Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting, H:\A\JENNY\5-25-04.wpd '-" ....J .~ COUNTY ADMINISTRATION MEMORANDUM FROM: DOUGLAS M. ANDERSON UNTY ADMINISTRATOR TO: BOARD OF COUNTY COM I NERS RE: MAY 25,2004 RECOMMENDATION TO CHANGE THE TIME OF NIGHT BOARD MEETINGS DATE: As the County grows so do our Board of County Commissioners Agendas. Because of this increased work load and in an effort to try to end the night time Board meetings at a reasonable hour, staff is recommending that the night Board meetings be changed from a 7 PM standard time to 6 PM. H:\A \JENNY\5-25-04,wpd .. '-" wi 1 ITEM NO. ... DATE: May 25. 2004 AGENDA REQUEST SUBMITTED BY (DEPT): ADMINISTRATION REGULAR: (X) PUBLIC HEARING: ( ) CONSENT: ( ) TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Joint meetings with Port St. Lucie, Fort Pierce, and the St. Lucie County School District BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners appoint three of its members to the local government subcommittee. COMMISSION ACTION: o APPROVED >_KOTHER: __.=---..J o DENIED ~' /~ --- , D u~s Anderson County Administrator The following have agreed to serve: Commissioner Paula Lewis Commissioner CliffBames Commissioner Frannie Hutchinson Review and Approvals º County Attorney: o Management and Budget: o Purchasing: o Originating Dept: o Other: o Other: º Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the SI. Lucie County Community Se1VÎces Manager at 772-462-1777 or TTO 772-462-1428, at least 48 hours (48) prior to the meeting. H:\WIN\O WORDIAGENDAW\SUBCOMMITTEEDOC · - ..... ~ "wi COUNTY ADMINISTRATION EMORANDUM 04-81 FROM: Douglas M. Anderson DATE: May 19, 2004 RE: Joint Meetings with Port St. Lucie, Fort Pierce, and the St. Lucie County School District BACKGROUND: Recently, Chairperson Paula Lewis met with the mayors from both cities and the School District to discuss future meetings between the four elected bodies. It was suggested at the meeting that subgroups be established of three representatives of each organization to meet every other month to discuss issues that jointly affect our respective organizations. The full boards would meet on a semiannual basis to receive reports and discuss the findings of the subgroups. It was also discussed at this meeting, three topics that would initially be discussed; those being the proposed $25,000 increase in homestead exemption, future school sitings, and the proposed Hometown Democracy Resolution. It is my understanding that the first meeting has been scheduled for June 15, 2004. RECOMMENDA TlON: At this time, staff recommends that the Board appoint three of its members to this local government subcommittee. DMAlab 04-81 ~.'~~ '"" 'will AGENDA REQUEST ~ ITEM NO. _..k- _ . DATE: May 25, 2004 REGULAR [XX] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: St. Lucie County Research Center Park - Contracts for Sale and Purchase - Bolin Property BACKGROUND: See attached memorandum FUNDS A V AILABLE: 316-1930-561000-1628 PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Contract for Sale and Purchase and authorize the Chairman to sign the Contracts. øc]. APPROVED [ ] DENIED [ ] OTHER: ouglas Anderson County Administrator COMMISSION ACTION: RENCE: Approved 4-0 (Comm. Lewis Absent) County Attorney: Jk' Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eft. 5/96 -, lit- "'" "will . INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 04-698 DATE: May 13, 2004 SUBJECT: St. Lucie County Research Center Park - Contracts for Sale and Purchase - Bolin Property ************************************************************************** BACKGROUND: The County Administrator has been negotiating with the owners of the Bolin property to purchase the property as part of the County's research park project. The property is approximately 122 acres and is depicted on the map attached to this memorandum. The proposed purchase price is $3,669,900.00 or approximately $30,000 per acre. The county retained Daniel D. Fuller, MAI and Daniel K. Deighan, MAI to appraise the Bolin property. Both Mr. Fuller and Mr. Deighan determined that the market value of the Bolin property as of January 15, 2004 was $3,500,000.00. Due to significant increases in property values in the County, both Mr. Fuller and Mr. Deighan have indicated that the proposed purchase price of $3,669,900.00 is within the current range of market value for the property. In the contract, the Seller has proposed that the County pay the Seller's attorneys' fees in the amount of $7,500.00. In addition, Paragraph 24 of the contract reads: The parties agree that the Purchaser is acquiring the property from the Seller in lieu of condemnation pursuant to Chapter 73 of the Florida Statutes. It is the intention of the parties hereto that Section 1033 of the IRS Code shall apply to the transaction contemplated by this agreement. , , ... '"- ....J ~ The County Administrator, in consultation with the University of Florida, has developed a land acquisition plan for the Research Center Park. The Bolin property along with the recently acquired Dunn property is needed to implement the proposed Research Center Park. Funding is available in Account Number 316-1930-561000-1628. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board approve the Contract for Sale and Purchase and authorize the Chairman to sign the Contracts. DSM/caf Attachment j Feb 23 04 .. O\.1-p "WiI p. 1 DEIGHAN CONSULTAN·TS 506 Colorado Avenue Stuart, FL 34994 PHONE: (772) 221-3650 deigban@bellsoutb.net 795 SE Port St. Lucie Blvd· Port St. Lucie, FL 34984 FAX: (772) 221-3649 , r Please Reply to Stuart Office February 23, 2004 Ms. JoAnn Riley, Property Acquisition Manager S1. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 RE: Researcb Park - Bolin Parcel Tax ID #'s 2311-330-0000-0005, 2311-331-0002-0002, 2311-331-0001-0005, and 2310-341-0000-0006 St. Lucie County Dear Ms. Riley: This letter formalizes our telephone discussion of February 23,2004 concerning the Bolin parcel. I understand that negotiations are underway at approximately $30,OOO/acre for Mr. Bolin's property. The value is within our range of value determined by our analysis detailed in our appraisal report with a valuation date of January 15,2003. We feel $30,OOO/acre is a reasonable value for the Bolin property. We appreciate the opportunity to offer our services to St. Lucie County. 8m2 ¡;j~ Daniel K. Deighan., MAl State-Cert. Gen. Appr. #244 j FÚLLE~ARMF1.c:LD- WAGNER Appraisal (X Re~rch, Inc. Darnel D. Fuller, MAl, 8RA 120 N. Second 8t. Phone (772) 468-0787 8t. Ccrt. Gen. REA RZ567 Ft. Pierce, FL 34950 1-800-273-7364- FA W _ app@bellsouth.net Fax (772) 468-1103 , r rœ R (¡ù Is !.. \ \.," i. '.' U; l!9 LÇ I' . " .' o 1. .. ...---".-- --... .,i .\ i , CI:D 2 6 2004 ,I i. i PI;D ~L~) ¡ PROPERTY ACQUISITION February 25, 2004 Ms. JoAnn Riley, Property Acquisition Agent St. Lucie County 2300 Virginia Ave. Ft. Pierce, FL 34982 Re: Bolin property (Research Park). F AW appraisal #17911, date of appraisal January 15, 2004. Dear Ms. Riley: As you are aware, I completed and appraisal of the referenced property for the St. Lucie County Board of County Commissioners, as of January 15, 2004, with my appraisal report delivered on February 4, 2004. . My opinion of the market value of the fee simple interest, as of January 15, 2004 was $29,000 per acre, for a total value (rounded) of $3,500,000. I understand the intended use of the appraisal was to negotiate the acquisition of the property, and it is also my understanding that the property owners have counter offered at a price of $30,000 per acre. Per our discussions concerning the counter offer, I understand you need to known if their counter offer of $30,000 per acre is within a reasonable range of value for the subject property. As you are aware, each property has a reasonable and probable range of value. Per the data analyzed in the referenced appraisal report, the overall range of value for the subject is from $27,OOO± to $44,500± per acre. In my opinion, after again reviewing data, the owner's counter offer of $30,000 per acre is certainly within the range of value suggest by the data. I hope this brief summary answers your question, but if further input is necessary please feel free t call. Daniel D. uller, MAl St. Cert. Gen. REA RZ567 DDF/commfile/17911 range of value letter _ ,I .. '-' .wJ qOARD OF ,,-OUNTY COMMISSIONERS , COUNTY ADMINISTRATOR DOUGLAS M. ANDERSON February 24, 2004 Dean, Mead, Minton & Klein Mike Minton, Attorney At Law 1903 So. 25 Street, Suite 200 Fort Pierce, FL., 34947 ~. ~ RE: Letter of Intent - Bolin Property Dear Mr. Minton:, This is a letter of intent to acquire the 122-acre Bolin property from your client to be developed into a research/ education park. 1. $30,000 per acre 2. Reasonable attorney fees, not-to exceed $5,000 3. County to pay all closing costs 4. Seller to provide Title Commitment and Owners Policy at CouPty expense (promulgated rate) 5. Close by May 31, 2004 provided there are no unforeseen circumstances - -- - 'H__.___. -.. -- -- ___ _ _.___ ______ _.n All terms and conditions are subject to Board of County Commissioners' approval. DMA/ ab 04-33 c: Dan McIntyre, County Attorney JOHN D. ßRUHN. Districr No.1' DOUG COWARD. District No.2' PAULA A. LEWIS. District No. J . FRANNIE HUTCHINSON. District No.4' CLIFF ßARNE5. Disrrict NO.5 County Administrator - Douglas M. Anderson 2.300 Virginio Avenue · Fort Pierce, FL .34982-5652 · Phone (772) 462-1450 . TOD (772) 462-1428 FAX (772) 4?2-} 648_. emoil: dougq~c():st:lucjeJI.~s '3 t: C <D E ~ j ~ j ~ ~ ãï ~ , :; e Æ '" <Dg-llS~- ii~~~~ õ;~~Æ; 1,'ïd'j-<'I JJ «; ¡¡ g¡ ~ '" !L <3 .= á 8 0 0 <:> -.i' 0 0 0 ILl M :z 0 1iî 0 '" 0 <1> Ñ U- ~ 8 0. 0 «:t o o N "t! c: \ ~ -' ......, ...,¿ COUNTY ADMINISTRATION MEMORANDUM 04-78 fõ) Œ @ Œ D W Œ ~I un MAY I 8 2004 æJ TO: FROM: DATE: May 17, 2004 RE: St. Lucie County Research/Education Park Land Acquisition Program COUNTY ATTORNEY The County worked with the University of Florida, the United States Department of Agriculture, and Senator Ken Pruitt, to identify the key parcels to be acquired that were necessary to provide adequate buffers for the St. Lucie County Research/Education Park. The parcels were assigned numbers identifying those particular parcels. Those parcels identified were given the numbers 100,101,102,103,104, and 105. Earlier this month, the County was successful in closing on parcel 1 02. The northernmost parcel that is needed for the required buffer is parcel 1 00, the Bolin property. This property runs from the Florida Turnpike east and consists of approximately 122 acres. This parcel received a priority ranking because of its prime location, which is adjacent to existing public property. As you know, we have signed contracts for this property that we plan on taking to the Board of County Commissioners on May 25th, with an anticipated closing date prior to the end of this month. DMAJab 04-78 c: Board of County Commissioners Ray Wazny, Assistant County Administrator Marie Gouin, Management and Budget Director Anita Neal, County Extension Director Joann Riley, Property Acquisitions Manager " ...,.¡ AGENDA REQUEST ITEM NO. c¡ DA TE: May 25, 2004 REGULAR [X] PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Robert O. Freeman, Esq. Bond Counsel SUBJECT: Resolution No. 04-157 - Providing Financing for North County Utilities BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff Recommends that the Board approve Resolution No. 04-157 as drafted. COMMISSION ACTION: Approved 4-0 (Camm. Lewis Absent) --' [~APPROVED [] DENIED [ ] OTHER: Douglas Anderson County Administrator County Attorney: ~/ Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for Copy only, if applicable) Eft. 5/96 i .\ '-'" S SQUIRE vWDERS LEGAL COUNSEL WORLDWIDE ..."",¡ SQUIRE, SANDERS & DEMPSEY L.L.P. MEMORANDUM To: Chairman and Members of the Board of County Commissioners of St. Lucie County, Florida From: Robert O. Freeman Date: May 19,2004 Re: Proposed Resolution to Finance Expansion of North County Utilities The attached Resolution 04-157 would authorize the borrowing of up to $7,7000,000, in the form of a line of credit, from Wachovia Bank, N.A., to finance the acquisition and construction of additions, extensions and improvements (the "Project") to the north county water and wastewater facilities (the "System"). It also authorizes the execution of a Loan Agreement between the County and the Bank to evidence the loan. The form of Loan Agreement, Wachovia proposal and Project description are exhibits to the Resolution. The Project includes reimbursement of accounts from which interfund transfers were made on behalf of the Project, and provides that the County will issue Bonds prior to the maturity date of the Note, to repay the Loan from the Bank and permanently finance the Project. The Loan, evidenced by the Loan Agreement and Note, would be secured by the proceeds of the Bonds and a covenant to budget and appropriate each year the Loan is outstanding from legally available Non-Ad Valorem Funds, in a sufficient amount to pay the principal of and interest on the Loan as it becomes due. JAX 1081 Ll/28902-00J 171M-BOARD ., .\ ~ ~ RESOLUTION NO. 04-157 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, PROVIDING FOR THE BORROWING OF NOT EXCEEDING $7,700,000 TO PROVIDE FINANCING (INCLUDING REPAYMENT OF INTERFUND LOANS) FOR THE ACQUISITION AND CONSTRUCTION OF ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE WATER AND SEWER FACILITIES WITHIN THE COUNTY; PROVIDING FOR THE APPROVAL OF A PROPOSAL FOR A NON-REVOLVING LINE OF CREDIT FOR SUCH PURPOSE; PROVIDING FOR THE ISSUANCE OF IMPROVEMENT REVENUE NOTES, SERIES 2004 (NOR TH COUNTY UTILITIES PROJECT), AS EVIDENCE OF THE COUNTY'S OBLIGATION TO REPAY ADVANCE UNDER SUCH LINE OF CREDIT; PROVIDING AS SECURITY FOR THE PAYMENT OF THE NOTE A COVENANT TO BUDGET AND APPROPRIATE FROM LEGALLY AVAILABLE NON-AD VALOREM REVENUES OF THE COUNTY; AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT AND RELA TED DOCUMENTS BETWEEN THE COUNTY AND THE BANK; AUTHORIZING FURTHER OFFICIAL ACTION IN CONNECTION WITH THE DELIVERY OF THE NOTE AND THE LOAN AGREEMENT TO THE BANK; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the provisions of the Act, hereinafter defined. Section 2. Definitions. The following terms shall have the following meanings when used in this resolution unless the context clearly requires otherwise. Words importing singular number shall include the plural number in each case and vice versa, and words importing persons shall include firms and corporations. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Loan Agreement. "Act" means Chapter 125, Part I, Florida Statutes, as amended, Ordinance No. 87-77 of the Board, as amended, and other applicable provisions oflaw. "Bank" means Wachovia Bank, N.A., Deerfield Beach, Florida "Board" means the Board of County Commissioners, as the governing body of the County. "Bonds" means utility system revenue bonds to be issued by the County for purposes of repayment of the Loan. <I .~ '-" .."J "Capital Facilities Charges" means any fees or charges which are related to acquiring, constructing, equipping or expanding capacity and facilities ofthe System. "Chairman" means the Chairman of the Board, or in the Chairman's absence, the Vice Chairman. , "Clerk" means the Clerk of the Circuit Court of St. Lucie County, Florida, or, in the Clerk's absence, any Deputy Clerk. "County" means St. Lucie County, Florida, a political subdivision of the State of Florida. "County Administrator" means the County Administrator of the County. "Covenant" means the covenant contained in Section 10 of the Loan Agreement to budget and appropriate from Non-Ad Valorem Revenues moneys to pay the principal of and interest on the Note when due. "Financial Advisor" means RBC Dain Rauscher Inc. "Loan" means the advance of moneys from the Bank to the County pursuant to the Loan Agreement. "Loan Agreement" means the Loan Agreement between the Bank and the County setting forth the terms and details of the Loan, in substantially the form attached hereto as Exhibit A, with such modifications and changes thereto as shall be approved by the Chairman, upon the advice of the County Attorney, such approval to be evidenced by the Chairman's execution thereof. "Non-Ad Valorem Revenues" mean all or any specified portion of the revenues of the County derived from sources other than ad valorem taxation and legally available to pay principal of and interest on the Note. "Note" means the Improvement Revenue Note, Series 2004 (North County Utilities Project), of the County, which shall be in substantially the form attached to the Loan Agreement as Exhibit A, with such modifications and changes thereto as shall be approved by the Chairman, upon the advice of the County Attorney, such approval to be evidenced by the Chairman's execution thereof. "Paying Agent" means the Clerk of the Circuit Court of the County. "Project" means the acquisition and construction of additions, extensions and improvements to the County's water and sewer facilities within the northern portion of the County, and all costs incidental thereto, as more particularly described in Exhibit C hereto; provided that the Board shall have the right to modify the facilities described in Exhibit C in their sole discretion. 2 10799.1/28902-00001/R-AUTH 04-157 · WI '-' ....", "Project Costs" means all or a portion of the cost of undertaking the Project including, but not limited to: engineering, legal, accounting, and financial expenses; expenses for estimates of costs and of revenues; expenses for plans, specifications and surveys; fees of fiscal agents, financial advisors or consultants; administrative expenses relating solely to the Project; reimbursement to the County for any sums heretofore expended for the foregoing purposes to the extent permitted under the Code; and such other costs and expenses as may be necessary or incidental to the financing of the Project. "Proposal" means the proposal of the Bank to make the Loan, the form of which is attached hereto as Exhibit B. "Revenues" means all fees, rentals or other charges or other income, excluding Capital Facilities Charges, received by the County in connection with the System, or accruing to the County or to any other board or agency of the County in control of the management and operation of the System. "System" means the water and wastewater utility system to be constructed with the proceeds of the Loan. Section 3. Findings. It is hereby found, declared, and determined by the Board: (A) It is necessary and desirable and in the best interests of the health, safety and welfare of the County and its inhabitants that the County undertake the Project. The County is authorized pursuant to the provisions of the Act to undertake the Project. (B) The County is without adequate, currently available funds to pay Project Costs, and it is necessary and desirable and in the best interests of the County that it borrow the moneys necessary for the Project. The County is authorized pursuant to the provisions of the Act to borrow moneys necessary to pay the Project Costs. (C) The County has received proposals from various lending institutions in connection with the Project, and has determined, upon recommendation of the County's Financial Advisor, that it is in the best interests of the County to accept the Proposal of the Bank, the form of which is attached to the Loan Agreement. (D) The County anticipates receiving the Revenues and the Capital Facilities Charges from the operation of the System. The County intends to issue the Bonds at such time as Revenues and Capital Facilities Charges are adequate to support debt service on the Bonds. (E) It is necessary and desirable and in the best interests of the County that it enter into the Covenant to secure repayment of the Loan. (F) It is necessary and desirable and in the best interests of the County to authorize and approve the execution and delivery of the Loan Agreement and the Note, and the taking of all other action in connection with the consummation of the Loan. 3 10799.1/28902-00001/R-AUTH 04-157 \.i ..., (G) The County will use and apply the first proceeds of the Loan to repay certain advances in the form of an interfund loan previously authorized pursuant to Board action on February 3, 2004 and April 6, 2004. r Section 4. Authorization of Note. Subject and pursuant to the provisions hereof and in accordance with the provisions of the Loan Agreement and the Proposal, the issuance by the County of its Improvement Revenue Note, Series 2004 (North County Utilities Project), in a principal amount not to exceed $7,700,000, to be dated, to bear interest, to be payable, to mature, to be subject to redemption and to have such other characteristics as provided in the Loan Agreement and the Proposal, and to be secured solely by the Covenant, is hereby authorized. Section 5. Approval of Proposal. The County Administrator, upon the recommendation of the Financial Advisor, is hereby delegated the authority to accept the Proposal on behalf of the County. The County Attorney and Bond Counsel are hereby authorized and directed to proceed to prepare the necessary documents to consummate the Loan. Section 6. Approval of Form of Loan Agreement and Note. The Loan Agreement and the Note are hereby approved, and the Chairman and Clerk are hereby authorized to execute and deliver the Loan Agreement and the Note to the Bank. Section 7. Authorization of Other Action. The Chairman, the Clerk, the County Administrator, the Finance Director, and the County Attorney are each designated agents of the County in connection with the execution and delivery of the Loan Agreement and the Note and are authorized and empowered, collectively or individually, to take all action and steps to execute and deliver any and all instruments, documents or contracts on behalf of the County which are necessary or desirable in connection with the execution and delivery of the Loan Agreement and the Note to the Bank, including, but not limited to, the making of modifications to the Loan Agreement and the Note to conform the provisions thereof to the provisions of the Proposal. Section 8. Application of Proceeds of Loan. The proceeds of the Loan shall be applied solely to the payment of Project Costs; provided that the first proceeds of the Loan will be applied to repayment of the interfund loan hereinbefore described. Section 9. Repeal of Inconsistent Provisions. All resolutions or parts thereof in conflict with this resolution are hereby repealed to the extent of such conflict. Section 10. Severability. If anyone or more of the covenants, agreements, or provisions of this resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and in no way affect the validity of all other provisions of the Resolution or of the Note or Loan Agreement delivered hereunder. 4 10799.1/28902-00001/R-AUTH 04-157 '-'"' ""'" Section 11. Amendment. This resolution may not be amended or repealed except with the prior written consent of the Bank. Section 12. Effective Date. This resolution shall take effect immediately upon its adoption. , held. Passed and Adopted this 25th day of May 2004, at a regular meeting duly called and (SEAL) ST. LUCIE COUNTY, FLORIDA By: Chairman, Board of County Commissioners ATTEST: By: Clerk of the Circuit Court, ex-officio Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: County Attorney 5 lO799.1/28902-00001/R-AUTH 04-157 '-" EXHIBIT A FORM OF LOAN AGREEMENT 10799. I/28902-0000J/R-AUTH ...., ~ ~ EXHIBIT B PROPOSAL J 0799.1/28902-0000 l/R-AUTH \,.,' '-' EXHIBIT C PROJECT DESCRIPTION 2 10799.1/28902-0000IlR-AUTH 04-157 \wi AGENDA REQUEST ....,J ITEM NO. 10 TO: SUBMITTED BY (DEPTh SUBJECT: BACKGROUND: FUNDS AVAILABLE: N/ A PREVIOUS ACTION: N/ A RECOMMENDATION: DATE: May 25/ 2004 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] Board of County Commissioners Administration Bi-Weekly Committee Reports At the April 11, 2000 Board of County Commissioners Meeting it was decided by the Board to place an item on the agenda, on a bi-weekly basis, to give the Board an opportunity to provide updates on the various Committees and Advisory Boards that they serve on. It has been decided by the County Administrator that this item will be placed on the agenda on the 2nd and 4th Tuesday of each month. This meeting the Board will provide updates on the following Committees and Advisory Boards that they serve on: COMMITTEE Blueway Advisory Committee Chamber of Commerce Board of Directors Children's Services Council Cultural Affairs Council Friends of SLC Library Property & Homeowners St. Lucie County Fire District Transportation DLCB Treasure Coast Regional Planning Council COMMISSION ACTION: [ ] APPROVED J(I OTHER: MEETING DATE As Needed Monthly 2nd Thursday 2nd Tuesday 2nd Thursday 2nd Wednesday 3rd Wednesday Quarterly 3rd Friday COMMISSIONER Barnes Lewis Lewis Barnes Bruhn Bruhn Bruhn/Coward Lewis Coward/Hutchinson [ ] DENIED E: Reports given Dougl s M. Anderson County Administrator Review and Approvals County Attorney:_ Management & Budget:_ Originating Dept:_ Other: Finance: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 OS/21/04 p....1illWARR FUND 001 001001 001131 001149 001157 001158 001163 001284 001286 001288 001809 101 101003 101006 101217 102 102001 102107 105 107 107001 '002 ....vl003 109 111 112 115 118 120 121 122 126 127 128 129 130 138 139 140 140001 140125 140317 140325 160 181 183 "~1001 ,002 ~ ST. LUCIE COUNTY - BOARD ....,; WARRANT LIST #36- 15-MAY-2004 TO 21-MAY-2004 FUND SUMMARY TITLE General Fund Recreation Special Events FTA Section 5303 Grant FY01 Section 112/MPO/FHWA/Planning 2004 CSBG Grant FY04 Urban Mobile Irrigation Lab 03/04 Net Loss Commercial Fishing Stories TRIP Grant FY04 FDCA/EMPA 2004 TDC Planning Grant FY 03/04 SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust/Local Option Transportation Trust/Impact Fees OTTED Tropicana/Signal Upgrade Unincorporated Services Fund Drainage Maintenance Þ!STU FDOT Bicycle/Ped. Coordinator 03/04 Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper Drug Abuse Fund River Park I Fund River Park II Fund Sheraton Plaza Fund Paradise Park Fund The Grove Fund Blakely Subdivision F~nd Indian River Estates ?und Southern Oak Estates Lighting Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund SLC Public Transit MSTU Palm Lake Gardens MSTJ Fund Palm Grove Fund Port & Airport Fund Port Fund FAA Noise Compatibility Study Updat Construct Taxiway liAR Extension Conduct Part 150 Study Plan Maintenance RAD Fund SLC Housing Finance Authority Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Arbitration/Mediat .", .. EXPENSES 587,268.97 1,488.46 36.74 761.05 2,758.35 94.12 373.98 30,356.40 801.32 13.69 96.52 91,346.85 7,179.12 25,259.55 30,773.21 13,115.53 5,893.68 103.18 766.64 577,038.04 501.78 20,417.27 2,362.29 35.00 2,544.98 528.22 466.53 653.12 158.55 70.96 896.96 113.47 50.40 509.83 873,649.00 145,170.03 109.74 682.92 11,760.00 572.31 14,240.96 1,433.90 1,582.32 1,657.47 54.28 1,369.04 106.30 530.00 PAGE 1 PAYROLL 560,556.84 0.00 487.71 6,095.23 2,199.92 1,261.54 0.00 0.00 0.00 183.55 1,261.54 117,907.59 0.00 0.00 ~ 0.00 47,710.27 5,159.91 1,366.19 1,589.60 103,376.65 879.62 879.62 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 11,948.33 0.00 0.00 0.00 0.00 2,743.32 0.00 4,617.79 1,171.85 0.00 OS/21/04 F'7l\BWARR FUND 183004 185004 185204 310002 316 316001 316201 362 382 401 401225 418 421 441 448 449 451 458 461 471 478 , ... _ ..L 491 505 505001 611 625 650 ~ ST. LUCIE COUNTY - BOARD 'w1I WARRANT LIST #36- 15-MAY-200~ TO 21-MAY-2004 FUND SUMMARY TITLE Ct Admin.- Teen Court FHFA SHIP FY03/04 FHFA SHIP 99/00 Impact Fees-Parks County Capital Transportation Capital FDEP/FRDAP Savanna Rec Phase II Sports Complex Improv Fund Environmental Land Capital Fund Sanitary Landfill Fund FDEP Waste Tire Grant FY 04 Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund SH Uti I-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Airport Utilities District Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Agency Fund GRAND TOTAL: ~ ." EXPENSES 180.30 328.54 1. 54 3,782.10 731,582.59 53,059.50 21,082.00 38,525.53 276.54 392,873.81 1,218.00 27,651.70 8.56 2,962.03 12.66 8.06 927.68 8.06 55,289.17 320.15 351.25 1,179,616.06 961.96 35,458.85 4:51,973.44 233.71 16,181.66 3,666.28 7,493.24 5,4:83,788.00 PAGE 2 PAYROLL 2,451.18 0.00 20.48 0.00 0.00 0.00 0.00 0.00 0.00 43,806.72 0.00 23,177.21 116.06 2,686.07 171. 67 109.24 439.39 109.24 13,868.20 3,324.35 0.00 62.43 32.78 41,767.59 3,167.07 0.00 3,854.41 0.00 0.00 1,010,561.16 ~ .." ~~ri ~ø.~ :1::>1 ): 0 UE-<H NN .......N ^ t"! 1'" I/') riO.. .......ril'il I/') I/') t!) N 0"< I/') "~ø. E-< CD I'iIH ~ t"! E-IE-I < ¡: ~ , I II: I I I.......~ 0 It!) 0 ':2;E-< I H....... 0 ~t!) tn":¡:I: §OU g¡,.:¡ ~E-<¡: ~~ ~ ¡: 0 I'iI H 0 > < 0........110 0 ^ ~§~ <011: Uø. tn H 'II ¡: 0 0 t"! N I/') ....... 'II I/') ri N ....... I/') J.I/') tn 'OGlO tn CD ...I ° t"! aUlIJ II: O'M t!) 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'II' ~ 0 0 E"- N 0 ....... n 0 N 'II' ....... 01 .¡I/') 10 'tIG)0 10 I/') .¡..J 0 I/') ClIII I!: N 0.... 0 ~OI G) . I!: I!: ~ >...J E-t v ..JI:: 10 s::œ I-! ::sa ~ '* oœ ~ ~ tJlII- ø: .¡I:: I-! G)::S::S ~ + ·ri,.Q ø: tJ ø: ~ UIII ~ 0 ::s.....!<: :x: ~ ..:IOU tJ 'II' œ ~ 0 .s::.s:: > . . U tJ I/') ..J..J n lOllS . ~ I/') '* IE"- tJ lID 0 lID ~ .01 In 1101'11' ......., N .e'l-! 01 I:: .... ..J CI .¡ œ Po 0 I ~ III ~ 01 I:: .... > ø: CI 0 10 ~ r-I ~ n CI > CI .¡ ....... .¡ G) ~ G) 'tI ~ 'tI œ ~ G) rz. rz. 110 'II'.¡ .¡ 00 0 ø:0,.Q .Q ~N.¡ .¡ :x: CI CI tJl!::X: :z¡. ~Hí ~ .' I&t><ID IN 0 .......1IISø: In E-t..:l ~tJ~ 1M ø:.e- tJl-!l 10 OtJ~ IllS> 10 11010 Ð~ 10 ~I-! 10 ø:1&t1Q ':x: \,.~ AGENDA REQUEST '..¡ ITEM NO: C-2 DATE: May 25, 2004 REGULAR PUBLIC HEARING [ CONSENT [ X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT: USA TENNIS - FLORIDA GRANT ACCEPTANCE & APPROVAL OF BUDGET RESOLUTION NUMBER 04-115 BACKGROUND: On April 28, 2004, the Parks and Recreation Department was awarded a $1,500.00 grant from the USA Tennis Florida organization. The grant requires a $1,500.00 match, and can be used to hire a tennis professional to run a youth team tennis league this summer. This agenda requests that the BOCC accept the grant and allocate the fund so that it can be used for this program. Matching fund will be taken from the Sports and Athletics section's operations budget. Subsequent to the Board's approval, a Specialist Agreement for the services of a tennis professional will be executed. PREVIOUS ACTION: N/A FUNDS WILL BE MADE AVAILABLE IN: 001811-7216-534000-7103 (Sports Programs/Recreation-Other Contractual Services) RECOMMENDATION: Staff requests approval of Budget Resolution Number 04-115 and acceptance of the grant from USA Tennis-Florida in the amount of $1,500.00. [x [ APPROVED OTHER: DENIED ~ COMMISSION ACTION: Approved 4-0 (Comm. Lewis Absent) ~~., County Attorney: V' Management Originating DePt~<:her' H:\AGENDAS 03-04\5-25-04-TENNIS GRANT-DOC Coordination/Signatures & BUdget:~purchaSing: Finance: (if applicable) ( '-. '-Î RESOLUTION NO. 04-115 WHEREAS, subsequent to the adoption of the budget for the 51. Lucie County Board of County Commissioners, certain funds not anticipated at the time of adoption have become available from the USA Tennis Florida organization through a grant in the amount of $1,500 as funding to hire a tennis professional to run the youth team tennis league for St. Lucie County Parks and Recreation. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County 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 25th day of May, 2004, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2003-2004, and the budget for the St. Lucie County Board of County Commissioners is hereby amended as follows: REVENUES 001811-7216-337900-7103 Other Grants $1,500 APPROPRIATIONS 001811-7216-534000-7103 Other Contractual Services $1,500 After motion and second the vote on this resolution was as follows: Commissioner Paula A. Lewis, Chairperson Commissioner John D. Bruhn, Vice Chairperson Commissioner Doug Coward Commissioner Frannie Hutchinson Commissioner Cliff Barnes xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 25th DAY OF MAY, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY , . ..,J USA TENNIS FLORIDA 1 Deuce Court, Suite 100 Daytona Beach, FL 32124 FLORIDA SM Telephone: 386-671-8949 Fax: 386-671-8948 www.usatennisflorida.com 4/28/2004 St. Lucie County Park & Rec. Dept. Woody Newson 1302 Virginia Avenue Ft. Pierce, FL 34982 Dear Woody, CONGRA TULA TIONS! The St. Lucie County Park & Rec. Dept. has been awarded a Tennis in the Parks (TIP) Sectional grant in the amount of $1 ,500.00 to help promote and develop tennis on your public tennis courts. According to your grant application, USA Tennis Florida felt that your goals met those of the Section's in developing tennis in your community. As a reminder, you are to use these funds and match them equally dollar for dollar from your 2004 budget towards one of three areas: (I) Hiring a certified tennis professional, (2) Hosting a Development Coaches Workshop and/or (3) Offering a USA Team Tennis (y) or USA Team Tennis (a) league and subsequent event for those participants. There are many resources and materials available to your tennis staff and a nice care package has been put together and included with your TIP grant check. Please find enclosed: · USA Tennis Florida and USA Tennis banner to hang at your prime facility. · Tennis Welcome Center (TWC) information that you are required to register for if you have not done so currently. To register your park agency, log onto the Internet and visit www.partners.tenniswelcomecenter.com and become part of the largest marketing push the tennis industry has ever witnessed. Registration is free. · Development Coaches Workshop (DCW) information and 2004 schedule. · USA Team Tennis (y) Ralleyball manual and brochure. · USA Team Tennis (a) manual and brochure. · USA Tennis 123 Adult program manual. · Community Tennis Program grant application via USA Tennis Florida. · Tennis Industry Association SO/50 Co-op Adult Tennis Grant application. · USA Tennis Community Coordinator (field staff) map and contact sheet. · USTA organizational membership application. · My business card. After browsing through this information and you have Qs concerning how to property spend and be held accountable for your TIP grant, please contact me via email or phone at anytime. USA Tennis Florida is dedicated and committed to promoting and developing tennis in our Florida parks and we need your help and commitment to reach our goals in getting 30 million people playing tennis by 20 I 01 I look forward to working with you and your park agency in helping to promote and develop T-E-N-N-I-S I-N T-H-E P-A-R-K-S-! Sincerely, Andy McFarland Director of Community Tennis USA Tennis Florida "To PROMOTE AND DEVELOP TENNIS IN FLORIDA" " '-- """J c en :Þ -i m < Z ~ 0'1 Z '-I 0 ~ iñ -< 0 r::: 0'1 d '-I g. N ;II !! ~ 0 ::D m ~ 0 JJ "Tj.....cn 0 - m ::s :ì~:ì JJ <: .+:>. 0 c: 0 ~ ""C t.J r " ñ' z ~ -<C ~ (Ð m_n .+:>. ~~- nam 0 .. ~m Z n ~en .+:>. 0 o....co~ ... "Tj-O ~ ~~!æ!i w r>~ -¡ V N [J"1 ~ OCca m tTI /'1) --J w>...., i:(;J~~cnþ en r;n "'Q) > -f ~ () [J"1 .+:>.<-< ~.E!m8¡;cnm ::I. "'m nJ 00 ""C ~.:tl)§3~~ z - 'g N > CZ1 õ' C/) .. "" œ.:I:.-I iñ -f Z ""Ì ~co en __ - :; ~ ä:"""c"O en Z - !" <or-::¡6z)Þ \' .. -¡ 0 '* g ~ m ~w en C ~ '* 3 ....SO-en ::r: (j nJ * '" >Zo m ~ ..,. n - ... tT1 VI .(') ""C tr1 nJ n 0 ~ > (j --J 0 ~ 0 nJ I:' Õ ~ [J"1 0 Z í.IJ - a ""Ì L11 ~ L11 ~ -< - "i: . . ~ 7; ..... ..... p.. " ...., ~ ... 0 0 z 0 > 0 n z P:o OJ (') g m >00 ~ 0 '" r-~ tr1 ... ~g~::¡ L11 tI.I '" n '" ~Õ'~:z: - ~ 8.~G)1D I]"J Q) '" Q:T1~~ ru ~ :¡cnm r '" "'iD~Z . m .. 1: >-< (') (') 0 C > z !: -I 0 V. Z c !:l z 0 -I '" 0 '+:>'0 0 ~~ 0 '-1m ---... ~ '* 0 '* .¡:. Oì '* &09 ~ -J - V. Oì Oì 0 -J N 0 0 Oì 0 f'.) ~../ .. .' ~ -, ~ ..J AGENDA REQUEST ITEM NO. -:3... _ DATE: May 25, 2004 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Interlocal Agreement - FCIC/NCIC Responsibilities BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the attached Interlocal Agreement and authorize the Chairman to sign the Agreement. COMMISSION ACTION: ENCE: Douglas Anderson County Administrator KJ APPROVED [ ] DENIED [ ] OTHER: Approved 4-0 (Comm. Lewis Absent) County Attorney: Br Review and Approvals Originating Dept. Purchasing: County Eng.: Finance: (Check for copy only, if applicable) Eft. 5/96 ~ ..J INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 04-694 DATE: May 12, 2004 SUBJECT: Interlocal Agreement - FCIC/NCIC Responsibilities ************************************************************************** BACKGROUND: Due to operational considerations, the City of Fort Pierce ("City") cannot continue to operate its Florida Crime Information Center ("FCIC") / National Crime Information Center ("NCIC") computer system on a twenty-four hour basis. The City has requested assistance from the County through the County's 911 Central Communications Center to avoid being in violation of regulations set forth by the Florida Department of Law Enforcement ("FDLE") regarding the operation of the system. Attached is a draft interlocal agreement between the City of Fort Pierce and the County covering a transfer of FCIC/NCIC responsibilities from the police department to the communications center. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board approve the draft Interlocal Agreement and authorize the Chairman to sign the Agreement. Daniel S. McIntyre County Attorney DSM/caf Attachment ~ ..."" INTERLOCAL AGREEMENT This Interlocal Agreement is entered into the day of April, 2004, by and between the CITY OF FORT PIERCE, hereinafter referred to as the "City", and ST. LUCIE COUNTY, here'ínafter referred to as the "County". The purpose of this agreement is set forth as follows: 1 PURPOSE. a. The City cannot continue to operate its NCIC/FCIC computer system on a twenty- four hour basis due to certain operational considerations. b. In an effort to avoid being in violation of certain regulations as set forth by the Florida Department of Law Enforcement ("FDLE") regarding the operation of the NCIC/FCIC computer system, the City has requested assistance from County through the County's 911 Central Communication Center hereinafter referred to as the "Center". c. The County has agreed to assume responsibility for the entry, removal, and other such duties as required by FDLE, for all items entered into the FCIC/NCIC system as requested by the City. d. Both parties agree and understand that as of March 2, 2004, all previous entries into the NCIC/FCIC system have had the City's FIO number changed to that of the Center. e. Both parties agree and understand the above mentioned change was done at the joint request of the City and the Center. The City will develop a policy that requires any officer or other employee of the City's Police department that receives information, or takes a Police Report containing items that have to be entered into the NCIC/FCIC system to transmit a copy of the completed report to the Center as soon as possible for entry into the system. The transmission of said report shall be either in person, via a fax machine, or otherwise electronically transmitted to the Center at a location as determined by the Director. The City will continue to notify the victims as stated by FDLE's policy during the validation process of the entries. Nothing in this agreement shall be construed to modify any existing agreement concerning the general operation of the Center. i: \atty\agreemnt \i nterloc \FP-FCIC-NCIC -1- ~ .."., £ AMENDMENT. This Agreement may only be amended by a written document signed by both parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 3. r TERMINATION. Either party may terminate this Agreement by providing the other party with at least one hundred twenty (120) days prior written notice. 4. NOTICES. All notices, requests, consents, and other communications required or permitted to be given under this Agreement shall be in writing (including telex and telegraphic communication) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, addressed to: AS TO THE COUNìY: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 AS TO THE CIìY: With a copy to: Fort Pierce City Manager City of Fort Pierce, City Hall Post Office Box 1480 Fort Pierce, Florida 34954 Fort Pierce City Attorney City of Fort Pierce, City Hall Post Office Box 1480 Fort Pierce, Florida 34954 or to such other address as any party may designate by notice complying with the terms of this Section. Each said notice shall be deemed delivered: (a) on the date delivered if by personal delivery; (b) on the date telecommunicated if by telegraph; (c) on the date of transmission with confirmed answer back if by telex; and (d) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. i: \atty\agreemnt \i nterlac \ FP- FCIC-NCIC -2- ~ -.",I 5. Effectiveness. This Agreement shall be recorded in the Public Records of St. Lucie County, prior to its effectiveness. IN WITNESS WHEREOF, the parties hereto have caused the execution hereof by their duly authorized officials on the dates stated below. r ATTEST: ~~o~ City Clerk BY: BY: ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman Dated: APPROVED AS TO FORM AND· CORRECTNESS: BY: County Attorney i: \atty\agreemnt\interloc \FP-FCrC-Ncrc -3- · \.- . ~ - ...., AGENDA REQUEST ITEM NO. C-4 DATE: May 25, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT (XXX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: HUMAN RESOURCES DEPARTMENT PRESENTED BY: Carl Holeva Human Resourc s Director SUBJECT: BACKGROUND: FUNDS AVAIL.: RECOMMENDATION: COMMISSION ACTION: CONCURRENCE: X] APPROVED [ ] DENIED [ ] OTHER: Douglas Anderson County Administrator County Attorney: Public Safety Reclassification The Board of County Commissioners approved adjustments to the pay and classification study on April 27, 2004 retroactive to April 1, 2004. E-911 Surcharge - 107 002-2120::-512000-200 Staff recommends approval of the reclassification of Part time Data Entry Clerk, Pay Grade 13 to Full time Data Entry Clerk, Pay Grade 11. Approved 4-0 (Comm. Lewis Absent) Review and Approvals Management , BUdget~~ Other: Purchasi.ng : Ori.gi.nati.ng Dept. Other: Eff. 5/96 Fi.nance: (Check for Copy only, i.f appli.cable)___ '-' '-" AGENDA TO: BOARD OF COUNTY COMMISSIONERS FROM: Carl Holeva, Human Resources Director DATE: May 25, 2004 SUBJECT: Public Safety Reclassification BACKGROUND: On April 27, 2004, the Board of County Commissioners approved adjustments to the Pay and Classification study retroactive to April 1 , 2004. In error, one reclassification was omitted: Part time Data Entry Clerk to Full time Data Entry Clerk. This upgrade was recommended by the Board of Governors to work on the master street address guide and the geographical files. Funding for this position will come from the E-911 Surcharge. RECOMMENDATION: Staff recommends approval of the reclassification of Part time Data Entry Clerk to Full time Data Entry Clerk. Respectfully submitted, ~~~L Carl Holeva Human Resources Director CHImp Attachments '-' ...., Inter-Office Memorandum Department of Public Safety Division of 911 Communications TO: Kristy Lilly, Budget Analyst OMB FROM: Jack Southard, Public Safety Director SUBJECT: Data Entry Person DATE: January 20, 2004 ***************************************************************** The Board of Governors met on Wednesday, January 14, 2004. The committee is recommending a full-time data entry position be added as soon as possible. This position will be a pay grade 11 with a salary of $11.08 - $17.37. Please make the necessary changes on the 5-year plan to reflect this added position. 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N I N o o I'- o ..... ~ Z ::) o o ~ N It) o I "'" o Z o ~ o ¡:¡: i= (/) ::) , :it a w 0:: (/) ~ o W 0:: ...... ~ "- '-" ...., ITEM NO. C- 5 DATE: 5-25-04 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: ( x ) SUBJECT: Investment Committee Appointment ,( ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ADMINISTRATION BACKGROUND: Commissioner John Bruhn would like to appoint Ann Berner to the St. Lucie County Investment Committee. FUNDS AVAILABLE: N/A PREVIOUS ACTION: None. RECOMMENDATION: Consider staff recommendation to ratify Commissioner Bruhn's appointment of Ann Berner to the Investment Committee. II APPROVED o OTHER: o DENIED Approved 4-0 (Comm. Lewis Absent) NCE: COMMISSION ACTION: Do sAnderson County Administrator Review and Approvals o County Attorney: o Management and Budget: o Purchasing: o Originating Dept: o Other: o Other: o Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the SI. Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. G:\Admin\Boards-Committees BOCC\2004\Agenda Requests\lnvestment Com.-Ann Berner.wpd ...... ,.... '-'" 'will Missy Stiadle - Re: Appointment for the Investment Committee From: Ja'net Pentz Stiadle, Missy 5/13/2004 10:45 AM Re: Appointment for the Investment Committee To: Date: Subject: Ok. Thanks! »> Missy Stiadle 5/13/200410:44:53 AM »> So I will make up an Consent Item for 5-25-04. »> Ja'net Pentz 5/13/2004 9: 19:39 AM »> Commissioner Bruhn would like the following person appointed to the Investment Committee to fill his vacancy: Ann Berner 3607 Juan Ortiz Circle Fort Pierce, FL 34947 772-467-4175 Thank you. DATE: May 25,2004 REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) PRESENTED BY: ~ · ~_. .---- ( AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM r'ilf!I C-6A SUBMITTED BY: Solid Waste Division Leo J. Cordeiro. Solid Waste Manaaer SUBJECT: Request Board approval of Equipment Request EQ04-259 to purchase a LED 4160C Adaptive Micro Systems Tri-Color Display sign with wireless remote control programmer and programming software from YARE Incorporated in the amount of $2,486. Funds are available in the Equipment Fund due to the lower bid price on an equipment purchase earlier this fiscal year. BACKGROUND: This sign will be used to provide communications between the baling floor and the tipping floor. This sign will provide a safety benefit for the employees on both floors. FUNDS AVAILABLE: 401-3410-564000-300 Machinery & Equipment PREVIOUS ACTION: N/A RECOMMENDATION: Recommend Board approval of Equipment Request EQ04-259 to purchase a LED 4160C Adaptive Micro Systems Tri-Color Display sign with wireless remote control programmer and programming software from YARE Incorporated in the amount of $2,486. Funds are available in the Equipment Fund due to the lower bid price on an equipment purchase earlier this fiscal year. COMMISSION ACTION: k) APPROVED () DENIED ( ) OTHER Approved 4-0 (Comm. Lewis Absent) Coordination/Sianatures County Attorney ( ) Mgt. & Budget (X) ~ Originating Dept. ( ) Public Works (X) ~~. Finance: (check for copy, only if applicable) _ NCE: G ANDERSON COUNTY ADMINISTRATOR pU~hasin4!:if I I.T. (X) \ \..r '-' .... Ii ....... 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LUCIE COUNTY 2300 VIRGINIA AVENUE FORT PIERCE, FL. 34982 IT Quote Date Quote # Phone: (772) 462-1681 Fax: (772) 462-1443 5/11/2004 335 Name/Address St. Lucie County Solid Waste 6120 Glades Cutoff Road Fort Pierce, FL. 34981 QUOTE VALID UNTIL 6/3/2004 W.O.# REQUESTOR 43211 LEO CORDIERO Description LED SIGN FOR BAIL HOUSE - Package Includes following: Qty Rate 2,486.00 Total 2,486.00 4160C Adaptive Micro Systems Tri-Color Display. Complete with wireless remote control programmer, wall mounting brackets, 11 Ov power cord, instructions. Factory 1-Yr Warranty Ethernet II Module (allows ethernet connectivity) AlphaNET Version 3.0, Programming software (allows networking of displays for multiple display applications VENDOR INFORMATION: Y ARE Incorporated 307 So. Albany Ave Tampa, FL 33605 (813) 251-9868 AUTHORIZED SIGNATURE $2,486.00 The goods and/or services as quoted hereon have been requested in the quantity and quality stated. Quotes are valid for 30 days unless otherwise stated. - t ITEM t:ttf C-6B DATE: 5/25/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) PRESENTED BY: L~ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Solid Waste Division Leo J. Cordeiro. Solid Waste Manaqer SUBJECT: Requests Board approval of the Florida Department of Environmental Protection Waste Tire Grant Application for fiscal year 2004-05. BACKGROUND: The Waste Tire Grant Application is due July 1, 2004. The Waste Tire Grant Application was available 1990-2001, was reinstated in the 2002-03 and awarded again in the 2003- 04 fiscal year. The grant is being continued this fiscal year. FUNDS AVAILABLE: N/A PREVIOUS ACTION: The Board has approved this Grant Application and Agreements to FDEP for 13 previous years. RECOMMENDATION: Recommend Board approve the submission of the Grant Application to the Florida Department of Environmental Protection for the Waste Tire Grant, and authorize the Chairman to sign the application, agreements, and quarterly reimbursement requests. IX' APPROVED () DENIED ( ) OTHER CE: COMMISSION ACTION: Approved 4-0 (Comm. Lewis Absent) D ANDERSON COUNTY ADMINISTRATOR Coordination/Sianatures County Attorney (X) Originating Dept. ( ) ~.- Mgt. & Budget (X) Public Works (X) n1(Vl~ ~. Purchasing ( ) iii! Other ( ) Finance: (check for copy, only if applicable) (X) \..., Department of Environmental Protection ...", Jeb Bush Governor Twin Towers Office Building 2600 Blair Stone Road Tallahassee. Florida 32399-2400 Colleen M. Castille Secretary SOLID WASTE TIRE GRANT APPLICATION I. Name of Applicant: 2. Address of Applicant: Sto Lucie County 2300 Virginia Avenue Ft. Pierce. FL 34982 3. Federal EmployerIdentification Number: ')9-600081' 4. Telephone Numberfor Applicant: ( 77 2 ) 462-1611 5. List of Counties In.cluded in the Application: S to T.1lC.; e 6. Contact Person (person handling program on daily basis): Ron Roberts 7. Address of Contact Person: Same 8. Telephone Number of Contact Person: (772 ) 462-1631 9. Name and Title of Authorized Representative: Name: Paula Lewis Title: Chairman Board of County CornmiRR; onerR 10. Purpose for which grant money is requested. (Indicate by checkmarks): Rule 62-716.620 a. Construction of waste tire processing facility: b. Operation of waste tire processing facility: c. Contract for waste tire facility service: L d. Equipment for waste tire processing facility: e. Removal of waste tires: ..x. f. Contract for removal of waste tires: Jl g. Research to facilitate waste tire recycling: h. Establishing waste tire collection centers i. Incentives for establishing private waste tire collection centers: j. Perform or contract for enforcement activities: X k. Purchase materials made from waste tires: Jl II. This application is due by July 1 of each year. 12. E-MAIL Address:ronr@co.st-lucie.fl.us I CERTIFY that I am familiar with the information contained in this application, and that to the best of my knowledge and belief such information is true, complete and accurate. I further certify that I possess the authority to apply for this grant on behalf of this county. Date Signature of Authorized Representative Please return form to: Department of Environmental Protection Solid Waste Section *Mail Station # 4565* 2600 Blair Stone Road Tallahassee, Florida 32399-2400 5/04-FY04-0S Printed on recycled paper. \wr Department of Environmental Protection ""'" Jeb Bush Governor Twin Towers Office Building 2600 Blair Stone Road Tallahassee. Florida 32399·2400 Colleen M. Castille Secretary TO: All Interested Parties FROM: Bobby Adams, Operations and Management Consultant Solid Waste Section DATE: May 11,2004 SUBJECT: Waste Tire Grant Applications An application for the Waste Tire Grant is enclosed for your review and response. The recently concluded legislative session budgeted $2,639,999 for these grants to be used in counties with populations larger than 100,000. There are 33 eligible counties based on the Governor's population estimates. Grant awards are made on a per capita basis. The uses of the grant will remain the same as in the current year. APPLICATION DUE DATE: July 1,2004 All grant applications must have an ori ginal signature of the county's authorized representative. The completed application should be sent to: Bobby Adams, MS 4565 Department of Environmental Protection 2600 Blair Stone Road Tallahassee, FL 32399-2400 If you have any questions, please contact: Bobby Adams (850) 245-8736 Bobbv.Adams@dcp.statc.n.us; or Tony Partin (850) 245-8737 Tonv.Partin@dep.state.tl.us Printed on recycled poper. W Memorandum Florida De~tment of Environmental Protection INSTRUCTIONS FOR SOLID WASTE TIRE GRANT APPLlCA nON 1. Name of Applicant: Any State of Florida County with a total population greater than 100,000. 2. Address of County: Include both mailing address and street address, if applicable. 3. Federal Employer Identification Number: Nine-digit number assigned by the Internal Revenue Service, (example 59-6000349). This number can be obtained from your accounting office. 4. Telephone Number of Applicant: Please include Area Code. Also include SUNCOM Number if applicable. 5. List of Counties included in the Application: This section must be complete and accurate in order for us to detennine the per-capita amount Please supply copy of the Inter-local Agreement if more than one county is applying. 6. Contact Person: Person handling Solid Waste and Recycling Functions on a daily basis. Person who can also answer questions about Reimbursement Request. 7. Address of Contact Person: Please include both mailing address and street address, if applicable. 8. Telephone Number of Contact Person: Please include Area Code. Also include SUNCOM Number if applicable. 9. Name and Title of Authorized Representative: Person legally authorized to sign Grant Agreements (usually the Chainnan of the Board of County Commissioners, Mayor, or City Manager UIÙess a resolution has been passed to designate another person). Please provide a copy of the Resolution designating authority to another individual with application. 10. Puroose for which grant money is reauested: Please check mark categories (a. - k.), you may check more than one. 11. This Application is due bv July 1 of each year: SelfE"-'Planatory. 12. E-Mail Address: Please provide the contact person's current computer E-Mail address. 13. NOTE: Signature of Authorized Representative: Please provide an original signature, a stamp will not be accepted. 5/04 ..." 0C- ITEM NO. DATE: May 25, 2004 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: ROAD & BRIDGE DIVISION (4108) SUBJECT: Approval of Equipment Request EQ04-256 and Budget Amendment BA04-149 for the purchase of a BIUT-800 Bus Interface Unit Tester for the Traffic Operations Unit in the amount of $5,000.00. BACKGROUND: The attached equipment request E004-256 is for a BIUT-800 Interface Unit Tester to be purchased. We have expanded our resources and will be able to utilize this equipment in the field or shop to properly handle the maintenance, inspection and operation of the existing closed loop traffic signal system. This Interface tester is necessary and will be an important asset to our Traffic Signal Systems Analyst. We have received the authorized approval from the FDOT to use the JPA Grant 101215 funds for this purchase. Funds are in the grant reserve and will be transferred after approval of budget amendment BA04-149 included. FUNDS Will BE MADE AVAilABLE: 101215-4109-564000-400 - JPA Grant - Machinery & Equipment PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve E004-256, Budget Amendment BA04-149 for the purchase of the BIUT-800 Bus Interface Unit Tester in the amount of $5,000.00 using available funds from the JPA Grant 101215. Approved 4-0 (Comm. Lewis Absent) CE: COMMISSION ACTION: DC) APPROVED [ ] DENIED [ ] OTHER - u las Anderson County Administrator [ x I County Attorney Jr/ ¥ ( [ X] Public Works Dept. [X] Finance Dept. Coordi nation/Signatures [ X ] Mgt. & Budget (if rn tfJ~ [ ] County Engineer [ X] Purchasing øll [ ] Other (check for copy only, if applicable) SignalTestEq.doc ;¡ '-' v .. BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: PW/Road & Bridge (Traffic Div) 5/7/04 5/25/04 TO: 1 01215-41 09-564000-400 $5,000 FROM: 101215-4109-599330-400 Pro'ect Reserves $5,000 REASON FOR BUDGET AMENDMENT: Control cabinet tester for Traffic Si nal Maintenance. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: N/A N/A N/A DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: BA04·149 " en D::: W-.:t zo 00 _N en- enS -0 :EN :ED::: O<c OW ~ ~~ z <c g ::JO~ o en ~ " - >- "",u.ns U. ,y ::æ: 0....... 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'g~ëñCTa. ::) Q) Q) .(/) -g Q)££~ro ~.....Q)m~ tOUNO' ,2§æ(J)E§ c:¡:¡.cl-Q):¡:¡ -;;;~ä5~E-ê ::IQ)o_CO m a. - 0>'- a. o(/)c'O(/) .!Q '0 >,:¡:¡ Q) C .c c ro (/) ~ ro I-ro3:,2(/)~ o o '=t I o o o '=t co LO I 0> o ..- '=t I LO ..- N ..- o :it .... Z ::) o o ~ co LO N I '=t o o UJ :it a w 0:: .... Z w ::æ: a. ::) a w From: To: Date: Subject: <marilda .hoover@dot.state.fl.us> "Gene Snedeker" <GENES@stlucieco.gov> 5/6/049:30AM Re: Test Equipment You can go ahead and purchase the signal testing equipment. Marilda Hoover, CPM District ATMS Operations Manager Marilda. Hoover@dot.state.fl.us 954 (777-4367) SC 436-4367 ~ ...,., ~ ITEM NO. (Q D DATE: May 25, 2004 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: . Scott Herring, P.E. Road & Bridge Manager SUBJECT: Approval of revised Equipment Request EQ04-161 to purchase a new Crawler Loader with Tracks as budgeted for $60,000. SUBMITTED BY: ROAD & BRIDGE DIVISION (4108) BACKGROUND: Equipment Request EQ04-161 was approved in the 2003-04 budget for $60,000 to purchase a Dewatering System for the Drainage Section of Road & Bridge. The Road and Bridge Division has determined that this loader will benefit the department more than the Dewatering System. The Crawler Loader will be used to excavate swales in areas that the other equipment cannot work. This loader has multiple attachments that will make it more versatile. It will have attachments for excavating and for leveling dirt and debris. In the future, a Forestry Mower can be purchased to use with this loader and will aid the Road & Bridge Crews in removing exotic vegetation along roadsides. This will help minimize the need for spraying pepper trees and should eliminate Citizen complaints in this area. 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OJ"tJ X 0 c: "tJ c: .- .!;; Q) Q) E ro ro . ro "tJo :J ... c: U 0 ro c: ... 0- 2 'Ë .8 ~ ... ... ~ 2 0. wro..."tJQ)~OJroc:~ en ;> Q) ~ > c: .-... :.ë: ~ ã5 ~ ro 0 0 .!!2 ro 0 l-o"tJ:JE~ro£E~ o o "" I o o o "" CD LO I 00 o ..- "" I ..- o :it I- Z ::::) o o ~ ..- CD ..- I "" o a w :it a w 0:: I- Z W ::æ: e: ::::) a w '" "At' '-' ~ ITEM NO. C-6~ DATE: May 25, 2004 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) Michael V. Powley, P.E. County Engineer SUBJECT: Approve Change Order No.1 in the amount of $2,779 for the Picos Road Paving & Drainage from Rock Road to King's Highway project. BACKGROUND: The Picos Road Paving & Drainage from Rock Road to King's Highway project was advertised for bid on July 27, 2003. The bids were opened on August 27,2003. On October 7, 2003 the project was awarded to Sheltra & Son Construction, Inc. for $672,564.70. After construction began, the North St. Lucie River Water Control District requested access from Picos Road for canal maintenance. This additional item will not require any additional days to the contract and no additional change orders will be needed to close out the project. FUNDS AVAILABLE: Funds will be made available in Transportation Trust/Constitutional Gas Tax in account 101002-4112-563000-41010. PREVIOUS ACTION: May 6, 2003- Board approved request to reject bids and to revise the plans and bid documents in order to reduce the project cost. October 7,2003 - Board approved award of the project to Sheltra & Son Construction, Inc. in the amount of $672, 564.70. RECOMMENDATION: Staff recommends the Board approve and authorize the Chairman to sign Change Order No. 1 in the amount of $2,779 for the Picos Road Paving & Drainage from Rock Road to King's Highway project. COMMISSION ACTION: þ( APPROVED [ ] DENIED [ ] OTHER Approved 4-0 (Comm. 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(/) (/) c:: ¡;: ,!; LO LO LO ~ .... LO N N N 0 LO « .... .... <D ¿, .... M .... <D .... 0 0 M .... .... ~ M N .... .... "'i ¿, N M N ro "'i <D 0 ~ N ..¡. N N .;, , LO , J:, .;, « cc " E .... .... ...:. ¿, "- , ..¡. "- , N J:, .... "- .... "- .... .... J:, .;, e V .... ..¡. ..¡. ¿, .... .... N co M .... J:, J:, co ¿, .;, .;, "'i "'i 'í' a> a> ~ ãi -ª 0 ..¡. <D .;, M ¿, N .... a> ¿, N M J:, ¿, 0 0 N a> a> 0 0 ¿, V M M LO "- "- 0 ¿, .... a> a> .... 0 .... .... co M 0 ¿, ¿, V N LO LO LO LO 0 "- .... .... .... N LO M LO LO LO LO 0 t: .... V M M M LO LO "- "- .... V V v "- e o ~ 2("') 1ijo cO ON ü2 eN 0..... rJ') oð Qj - ~ ro _0 W-o ..c Q) rJ')Q) u o ...a:~ o 0.9 ~ Q) ë'~ 'c oõ-o üZ<{ ----- ð '" ~ ~ -....I CHANGE ORDER ST. LUCIE COUNTY PROJECT: Picos Rd. Paving & Drainage (Rock Rd. to King's Hwy.) (name, address) CHANGE ORDER NUMBER: 1 & Final INITIATION DATE: 5/11/04 TO (Contractor): CONSULTANT'S PROJECT NO.: NIA ST. LUCIE COUNTY CONTRACT NO: C03-10-637 Sheltra & Son Construction Co., Inc. POBox 336 Indiantown, FL 34956 CONTRACT DATE: 10/7/03 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - Yes) SEE ATTACHED EXHIBIT A The original (Contract Sum) was .............................................................. ........................ ........................................ $672,564.70 Net change by previous authorized Change orders .............................................................................................................$ - 0- The (Contract Sum) prior to this Change Order was ................................................................................................ $672,564.70 The (Contract Sum) will be increased by this Change Order ........ ............................................... ............................................................................................. $2,779.00 The new (Contract Sum) including this Change Order will be ................................................................................. $675,343.70 The Contract Time will be changed or unchanged by .................................................................................................( 0 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: 3/29/04 Funds Available: Account Number 101002-4112-563000-41010 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 of 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 that 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. 5/11/04 Date FL 34982 Agreed To: Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 Sheltra & Son Construction Co.. Inc. Contractor By: Date Approved as to Form and Correctness By: County Attorney '''\ __ 11 '- """ ITEM NO, 6F DA TE: May 25, 2004 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ~cott Herring, P.E. Road & Bridge Manager SUBMITTED BY: PUBLIC WORKS DEPT -ROAD & BRIDGE DIVISION SUBJECT: Approval of Joint Participation Agreement between the Florida Department of Transportation (FOOT) and St. Lucie County for streetlight on US 1 ( SR 5) from North of SR A-1-A to South of SR 713 (King's Highway). BACKGROUND: Historically, when FOOT has done projects in St. Lucie County that have included street lighting, the street lighting has been constructed as part of the project. The problem that this has presented to the County is that then the County would have to pay for the maintenance of the streetlights as well as the electric charges, This JPA will allow for the County to have these streetlights installed on this section of US 1 by the Utility provider. When the streetlights are installed by the utility provider, the maintenance costs are included in the electric charges, This reduces the maintenance charges to the County and does not require the County to have a separate maintenance contract on these streetl ig hts. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve Resolution No. 04-156 authorizing the Chair to execute the Joint Project Agreement as approved by the County Attorney. COMMISSION ACTION: DØ APPROVED [] DENIED [ ] OTHER Approved 4-0 (Comm. Lewis Absent) tÄ' D glas Anderson County Administrator [x] County Attorney ~' ... NJ!p Coordination Signatures [x] Mgt. & Budget f,tt) Vf\ffi~ [x] County Engineer I ] Project. Manager [x] Public Works Dept.~ [xl Fiscal Coordinator f>At1 [ ] Purchasing Dept. Street Lights-US1.doc ,-. '-' RESOLUTION NO. 04·156 A RESOLUTION AUTHORIZING AND APPROVING EXECUTION OF THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND ST. LUCIE COUNTY JOINT PROJECT AGREEMENT TO UNDERTAKE THE INSTALLATION OF LIGHTING ON THE STATE HIGHWAY SYSTEM BY THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS; AND AUTHORIZING THE CHAIRMAN OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS TO EXECUTE THE AGREEMENT; FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations, 1. The Department, FOOT, and the County, the Maintaining Agency, are desirous of having the County install street lighting for FM# 403594-1-58-0 located on the State Highway System. 2. This Board should authorize and approve execution of the Joint Project Agreement for FM# 403594-1-58-0 for installation of the lighting described within the Joint Project Agreement for FM# 403594-1-58-0. NOW, THEREFORE, BE IT RESOLVED by the Board of County of St. Lucie County Commissioners of St. Lucie County: 1. This Board does hereby authorize and approve execution of the Joint Project Agreement for FM# 403594-1-58-0. 2. The Chairman of the Board of County Commissioners and the Clerk are hereby authorized to execute the Joint Project Agreement for FM# 403594-1-58-0 approved by this resolution; and further, the County Attorney is hereby authorized to execute the agreement by approving it as to form and correctness. '- ....J After a motion and second the vote on this resolution was as follows: Chair Paula Lewis Vice Chair John D. Bruhn Commissioner Cliff Barnes Commissioner Doug Coward Commissioner Frannie Hutchinson PASSED AND DULY ADOPTED this 25th day of May, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Res04-156StLightUS1.doc '- ~ Florida Department of Transportation PROFESSIONAL AND OTHER CONTRACTUAL SERVICES - DISTRICT IV 3400 W. Commercial Boulevard, Ft. Lauderdale, Florida 33309-3421 Telephone: (954) 777-4603/fax (954) 777-4602 ,.." JEB BUSH GOVERNOR JOSE ABREU SECRETARY April 27, 2004 Mr. Scott Herring, P.E. S1. Lucie County 2300 Viriginia Avenue, 2nd Floor Annex, Room #229 F1. Pierce, Florida 34982-5652 RE: Joint Participation Agreement Financial Management (FM) # 403594-1-58-01 Dear Mr. Herring: I am enclosing five (5) copies of the Joint Participation Agreement (JPA's) for the above referenced project. Please DO NOT fill in the date of the contract. The date of the contract shall be completed by our staff upon execution by the Department of Transportation's Director of Transport Support. A fully executed copy will then be forwarded to you for your files. In addition to returning the five signed original agreements, please forward: · Two (2) original and three (3) certified copies of the Commission resolution that authorizes the execution of the JPA. If it is not possible to obtain the resolutions, please forward: · Five (5) certified copies of the minutes of the Commission meeting at which this agreement was approved for execution. Should you have any questions, please contact me at 954-777-2285. Sincerely, (~.*~ \,~) r Leos A. Kennedy, Jr. Professional Services Unit /, '---+-~) \ C~h. Enclosure: Copy: JPA Agreement Candace Scott- FOOT Pr~tvt\?1Q~.fl.us File @ RECYCLED PAPER '- """" FM No: 403594-1-58.01 FEID No: VF-596-000.338 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PARTICIPATION AGREEMENT THIS AGREEMENT, entered into this day of 200_, by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and ST. LUCIE COUNTY, located at 2300 Virginia Avenue, 2nd Floor Annex, Room # 229, Ft. Pierce, Florida 34984-5652, hereinafter called the PARTICIPANT. WITNESSETH WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the PARTICIPANT make certain improvements in connection with Financial Management (FM) Number 403594-1-58-01 for Roadway Illumination on SR-5/US-1 from N. of SR-A1A to South of SR-713 in ST. LUCIE COUNTY, Florida. Refer to Exhibit "A" of this Agreement for a detailed Scope of Services; and, WHEREAS, the improvements are in the interest of both the PARTICIPANT and the DEPARTMENT and it would be more practical, expeditious, and economical for the PARTICIPANT to perform such activities; and, WHEREAS, the PARTICIPANT by Resolution No. adopted on ,200_, a copy of which is attached hereto and made a part hereof, authorizes the proper officials to enter into this AGREEMENT. NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the PROJECT, the parties agree to the following: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The PARTICIPANT shall be responsible for assuring that the Project complies with all applicable Federal, State and Local laws, rules, regulations, guidelines and standards. 3. The DEPARTMENT agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the Project available to the PARTICIPANT at no extra cost. 4. The PARTICIPANT shall have the sole responsibility for resolving claims and requests for additional work for the Project. The PARTICIPANT will make best efforts to obtain the DEPARTMENT input in its decisions. 5. The DEPARTMENT agrees to pay the PARTICIPANT for the services described in ExhibitA of this AGREEMENT. The total DEPARTMENT participation towards this project is estimated to be FOUR HUNDRED FIVE THOUSAND EIGHT HUNDRED TWENTY ONE DOLLARS AND FOURTEEN CENTS ($405,821.14). The PARTICIPANT will be paid an amount not to exceed FOUR HUNDRED FIVE THOUSAND EIGHT HUNDRED TWENTY ONE DOLLARS AND FOURTEEN CENTS ($405,821.14), to be made in monthly payments, over a 24-month period, based on the percentage of completion for actual cost incurred. If the actual cost of the project 1 of 5 \.,J '-' exceeds the original estimate of FOUR HUNDRED FIVE THOUSAND EIGHT HUNDRED TWENTY ONE DOLLARS AND FOURTEEN CENTS ($405,821.14), the cost overrun shall be the sole responsibility of the PARTICIPANT. a. The PARTICIPANT will receive progress payments for services based on the percentage of services that have been completed and accepted in writing by the DEPARTMENT during the monthly billing period. 6. In the event it becomes necessary for the DEPARTMENT to institute suit for the enforcement of the provisions of this AGREEMENT, the PARTICIPANT shall pay the DEPARTMENT'S reasonable attorney fees and court costs if the DEPARTMENT prevails. 7. Should the DEPARTMENT and the PARTICIPANT decide to proceed with subsequent phases of the Project, the AGREEMENT may be amended to identify the respective responsibilities and the financial arrangements between the parties. 8. This AGREEMENT and any interest herein shall not be assigned, transferred or otherwise encumbered by the PARTICIPANT under any circumstances without the prior written consent of the DEPARTMENT. However, this AGREEMENT shall run to the DEPARTMENT and its successors. 9. Except as otherwise set forth herein, this AGREEMENT shall continue in effect and be binding to both the PARTICIPANT and the DEPARTMENT until the Project is completed as evidenced by the written acceptance of the DEPARTMENT or July 30, 2006, whichever occurs first. 10. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Department of Financial Services under Section 215.422(14), Florida Statutes, or by the Department's Comptroller under Section 334.044(29), Florida Statutes. 11. If this AGREEMENT involves units of deliverables, then such units must be received and accepted in writing by the Project Manager prior to payments. The DEPARTMENT will render a decision on the acceptability of services within 10 working days of receipt of a progress report. The DEPARTMENT reserves the right to withhold payments for work not completed, or work completed unsatisfactorily, or work that is deemed inadequate or untimely by the DEPARTMENT. Any payment withheld will be released and paid to the PARTICIPANT promptly when work is subsequently performed. 12. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 13. PARTICIPANTS providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has (10) ten working days to inspect and approve the goods and services. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. 20[5 \w 'wi 14. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the PARTICIPANT. Interest penalties of less than one (1) dollar will not be enforced unless the PARTICIPANT requests payment. Invoices that have to be returned to a PARTICIPANT because of PARTICIPANT preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. 15. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Department of Financial Services's Hotline, 1-800-848-3792. 16. Records of costs incurred under the terms of this AGREEMENT shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this AGREEMENT and for three years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred includes the PARTICIPANT'S general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. 17. In the event this contract is for services in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment offunds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year." 18. The DEPARTMENT'S obligation to pay is contingent upon an annual appropriation by the Florida Legislature. 19. The PARTICIPANT warrants that it has not employed or obtained any company or person, other than bona fide employees of the PARTICIPANT, to solicit or secure this AGREEMENT, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the PARTICIPANT. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the AGREEMENT without liability. 30f5 \., ...",¡ 20. To the extent allowed by the Laws of Florida, the PARTICIPANT hereby agrees to indemnify, defend, save, and hold harmless the DEPARTMENT from all claims, demands liabilities, and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence, omission, or commission of the PARTICIPANT, its agents, contractors, subcontractors, consultants, and/or employees, arising out of this contract or the work which is the subject hereof. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. 21. This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida. 22. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 23. Any or all notices (except invoices) given or required under this AGREEMENT shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: If to the DEPARTMENT: Florida Department of Transportation - District Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309-3421 Attn: Leos A. Kennedy, Jr. With a copy to: Candace Scott A second copy to: District General Counsel If to the PARTICIPANT: St. Lucie County 2300 Virginia Avenue 2nd Floor Annex, Room #229 Ft. Pierce, Florida 34982-5652 Attn: Scott Herring, P.E. With a copy to: Attorney *** [ THIS SPACE INTENTIONALLY LEFT BLANK] 40f5 '-' -..I IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified herein. [If Local Government: Authorization has been given to enter into and execute this Agreement by Resolution No. , hereto attached.] ST. LUCIE COUNTY BY: NAME: TITLE: ATTEST: COUNTY CLERK (SEAL) APPROVED: BY: COUNTY ATTORNEY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: ROSIEL YN QUIROZ DIRECTOR OF TRANSPORTATION SUPPORT APPROVED: (AS TO FORM) BY: DISTRICT GENERAL COUNSEL APPROVED: BY: PROFESSIONAL SERVICES ADMINISTRATOR 50[5 -- --. \-. ...." EXHIBIT "A" SCOPE OF WORK This project involves milling and resurfacing and miscellaneous improvements along US- l/SR-5 in St. Lucie County. The length the project is 5.78 miles and it extends from 400feet north of the SR-AIA/ North Causeway intersection with US-l/SR-5 to North of Kings Highway. 1. The PARTICIPANT shall construct roadway lighting according to FDOT proposed Lighting Plans, prepared using the FDOT governing standards and specifications at the following intersections: a. St. Lucie Boulevard b. SR-615 c. Indrio Road d. Kings Highway 2. The P ARTICIP ANT shall assure the delivery and certification of a completed project. 3. Construction of the lighting project shall begin after the construction of the Roadway Project. "- ....,' AGENDA REQUEST ITEM NO. 7-A DATE: May 25, 2004 CONSENT [X] REGULAR PUBLIC HEARING Leg. Quasi-JD. TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants PRESENTED BY: Bill Hoeffner Grants Writer SUBJECT: Authorize the Cultural Affairs Council Director to sign the grant application for the Historical Resources Grant: Special Category Grant Program from the Florida Division of Historical Resources and to accept the grant if approved for funding. BACKGROUND: Funding of not more than $350,000 from this grant, with a $50,000 match required, will provide the Cultural Affairs Council with funds to secure consultation and design services regarding the converting of the old Fort pierce Post Office into a history and humanities museum. The City of Fort pierce currently owns the building. Initial conversations have been conducted with the City and City commissioners have expressed support for the project. The Center would include a display area but would also serve as a venue for cultural productions and events such as readings, lectures, or small plays. FUNDS AVAIL.: Funds for the required match of $50,000 will be available in FY04- 05 in the Cultural Affairs budget (#001-7310-563005-700). In-kind services can also be used as match. It should be noted that preference will be to applications with a higher ratio of match. Therefore, the match may exceed $50,000, but will not exceed the amount budgeted for this project in Fund 001-7310-563005-700. PREVIOUS ACTION: The Board of County Commissioners approved the application for this same grant on May 27,2003. That grant application was not approved for funding. RECOMMENDATION: Staff recommends the Board authorize the Cultural Affairs Council Director to sign the application for the Historical Resources Grant. [X] [ ] APPROVED OTHER: DENIED -- COMMISSION ACTION: Approved 4-0 (Comm. Lewis Absent) ~9Y County Attorney. l Originating Dept. ) Finance. (copies only). Coordination/Signatures Mgt .. BUdget.~ mlflC::f! Public Works. Purchasing. Other. AgeUF2002.doc ,-. w AGENDA REQUEST ITEM NO. 7-B DATE: May 25, 2004 CONSENT [X] REGULAR PUBLIC HEARING Leg. Quasi-JD. TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants PRESENTED BY: Bill Hoeffner, Grants Writer SUBJECT: Authorize the submittal of a grant application to the FishArnerica Foundation and the acceptance of the grant if it is funded. This grant is for wetland restoration at wildcat Cove and requires a 1:1 match that can be in the form of cash, in-kind services, or recently acquired land. Since wildcat Cove has been recently acquired, these acquisition costs will be utilized as match. The grant, in an amount not to exceed $50,000, will be for the installation of six culverts and the removal of invasive plants. BACKGROUND: wildcat Cove is a 129-acre area located immediately west of Pepper Park. Since 1990, St. Lucie County and the State of Florida have owned 16 acres of the site. St. Lucie County, with assistance from Florida Communities Trust, acquired an additional 76 acres of the site in 2001. St. Lucie County is currently in the process of trying to acquire the remaining 37 acres. A significant portion of the the property is primarily a mangrove tidal swamp. The tidal swamp area was impounded in the early 1960's for mosquito control purposes and was totally separated from the Indian River Lagoon by a berm. In the early 1990's, the St. Lucie County Mosquito Control District gained limited access to the property, that was then under private ownership, and began a process of reconnecting the tidal swamp to the Lagoon by a system of pumps and nine culverts. The master plan for the site recommends six additional culverts. It is the purpose of this project to continue the reconnection of the mangrove tidal swamp to the lagoon by installing six culverts. It is also the intent of the project to remove invasive Brazilian pepper and Australian pine from the berm and shoreline. FUNDS AVAIL.: A 1:1 match is required. However, recent land acquisition costs, which exceed the maximum of $50,000 being sought, will be utilized as match. Therefore, no cash match will be necessary. PREVIOUS ACTION: The Board of County Commissioners previously approved the acquisition of the site; the submittal of an FCT grant; and the submittal of a FIND grant and a Recreational Trails grant for access structures at the site. RECOMMENDATION: Staff recommends the Board authorize the submittal and acceptance of the FishArnerica grant. [x] [ ] APPROVED OTHER: DENIED -- COMMISSION ACTION: Approved 4-0 (Comm. Lewis Absent) County Attorney: ~ Originating Dept: ~ Finance: (copie on y) : Coordination/Signatures Mgt (, Budget: Public Works: Purchasing: Other. IIJIII"""- ~ AGENDA REQUEST ..." ITEM NO. c-SA DATE: May 25, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] INVESTMENT FOR THE FUTURE TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: CONTRACT CHANGE ORDER #2 TO CONTRACT #C03-06-452 ADMINISTRATION BUILDING ADDITION / BARTH CONSTRUCTION, INC. BACKGROUND: On June 24th, 2003, the Board of County Commissioners approved Contract No. C03-06- 452 with Barth Construction for the Administration Building Addition. As the project continues to move forward, necessary construction changes (please see attachments) in the amount of $40,068.00 have occurred, these include: · Permitting · Drainage Issues/Compliance · AlC Unit Relocation · Electrical/Security System · Structural Integrity Staff is requesting permission to increase the contract amount by $40,068.00 and contract time an additional six (6) days to accomplish these changes. FUNDS AVAIL: 316-1930-562000-16008 (Buildings) PREVIOUS ACTION: On January 6th, 2004, Item No. 10, the Board of County Commissioners approved Change Order # 1/ Contract No. C03-06-452 / Barth Construction to extend contract time an additional 39 days. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order No. 2 to Contract No. C03-06-452, Barth Construction, to increase the contract amount by $40,068.00 and contract time an additional six (6) days for a completion date of November 18th, 2004, for the Administration Building Addition and authorize the Chair to sign the Change Order as prepared by the County Attorney. County Attorney: Originating D~~~~_ ~ Coordination/Signatures NCE: MISSION ACTION: he] APPROVED [] DENIED fJ OTHER: ) Approved 4-0 (Comm. Lewis Absent -- Mgt. & Budget: Purchasing Mgr.: - Other: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 H:\AGENDA\AGDENDA-ADMIN-BARTH CO-2.DOC , . ...J General Contractor CGCOO7847 January 20, 2004 Paul Dritenbas Edlund, Dritenbas, Binkley Architects & Associates 65 Royal Palm Pointe Vero Beach, FI 32960 Re: St. Lucie County Administration Addition Proposal Request #1-Relocate existing 8" Rain Water Leader Paul, We are submitting herewith our costs for the relocation of existing 8" RWL in the amount of, One Thousand Seven Hundred Eighty Nine and 00/100 Dollars ($1,789.00) and a time extension of 0 days. 1) The work is limited in scope to relocation of the existing RWL from under the interior column pads and dropping the wall footing in two places. No permit costs have been included for these changes to the contract documents. Should you require any additional information, please feel free to contact me. Sincerely, Approved by: Approved by: Architect Owner Date: Date: cc: Ken Hall, SLC Central Services 1717 Indian River Boulevard * Suite 202A * Vero Beach, Florida 32960 Phone: (561) 778-3072 * Fax: (561) 770-3017 E-mail: illfo{ú~baJ1hconstruction.com * Internet: www.barthconstruction.com F:\Projects\SLC Admin. Addition\Proposal Requests\# I relocate 8 in rain leader. doc .r---- \ . _U"'.& &.i ,",u,,",..J.¿n. J..i.'",. ~OOl -..J Gencrdl Conlr.u:tor February 05, 2004 <.'OC007847 Paul Dritenbas Edlund, Dritenbas, Binkley Architects & Associates 65 Royal Palm Pointe Vero Beach, FI 32960 Re: 51. Lucie County Administration Addition Proposal Request #2-Sewer Une ElevatIon Contli,:t Paul, We are submitting herewith our costs for the Sewer line conflict in the amount of, Five Hundred Twenty Nine and 00/100 Dollars ($529.00) and a time e)Cten~,ion of 3 days. 1) The work is limited in scope to rework the sewer lil,e tl) allow for enough fall between toilet fixtures and sewer tie point. This conflict and extra work delayed the slab pour three days. No permit costs have been included for these changes to the contract documents . Should you reQuire any additional information, please feel:ree to cOntact me. Sincerely, Apl'r(\"çd by: Architcct All11ro'¡ed by: Owner Dale: Ollle:_ cc: Ken HIIII. SLC Central Ser\liets 1717 Indian River Boulevard" Suite 202^ .. Vèro Bcach. Florid., 32'160 Phone: (56 ) 778-3072 .. rax: (561) 770-3017 F.·mail: it,-rn(/~:h~!E!!~Çg!.l:i!ru~:tit"L~:!l!11 · Intemer: www.banhconstructiulI.c;om F:\Pr~jects\SÜ: ^dmin. Additiol1\ProposaJ Reqllcsts\//2 sewer line ch'ation conflict.doc , ~( , ." ~OOJ .."J Gc~l Contractor CGCOO7847 May 5, 2004 Paul Dritenbas Edlund, Dritenbas, Binkley Architects & Associates 65 Royal Palm Pointe VeroBeach, F132960 Re: St Lucie County Administration Addition Proposal Request" 3- Rout Rain Leaders Across Palldng Lot Paul, We are submitting herewith our costs for the Rain Leader Wort¡ In the amount of, Fourteen Thousand Four Hundred Forty Three and 00/100 Dollars ($14,443.00) and a time extension of o days. 1) The work is limited in scope the revised Site Drawing b:1 LBFH dated 3/25/04, with mark up by EDB dated 4/8104. No permit costs have been included tor these changes to the cuntract documents. Should you require any additional information, please feel free ':0 contact me. Sincerely, Approved by: ApPrI·ved by: Archit.ct Owner Oale: Date:. cc: Ken Han, SLC Central Services 1717 Indian River Boulevard * Suite 202A · Vero Beach, florida 32960 Phone: (561) 778-3072 ... FII.\; (561) 770-3017 E-mail:iJ!.fi~@~tIJ1hI<Q.!7"~trltçJ.i..1I).-..;()tn · Internet: www.banhconstruc¡ion.com F:\Projccts\SLC Admin. Addition\Proposal Requc:\lS\#3 Rout Rain l..eadCf$ Across Parking Lot.doc \ ,.".¡ General Contractor CGC007847 March 10,2004 Paul Dritenbas Edlund, Dritenbas, Binkley Architects & Associates 65 Royal Palm Pointe Vero Beach, FI32960 Re: St. Lucie County Administration Addition Proposal Request # 6 C.O.F.P. Parking Lot Drainage Requirment Paul, We are submitting herewith our costs for the French Drain in the amount of, Nine Thousand Five Hundred Sixty Six and 00/100 Dollars ($9,566.00) and a time extension of 3 days. 1) The work is limited in scope to the addition of 25 feet of French Drain as shown on the drawings dated 1.14.04 from lBFH. No permit costs have been included for these changes to the contract documents. Should you require any additional information, please feel free to contact me. Sincerely, ~1" {I~:Sr~h Construction Inc. Approved hy: Architect Approved by: Owner Date: Date: cc: Ken Hall. SLC Central Services J 717 Indian River Boulevard * Suite 202A * Vero Beach. Florida 32960 Phone: (56/) 778-3072 * Fax: (56/) 770-3017 E-mail: ;PJi)i!{lli¡J:\ll£<l!l:;tgJ.£Ül.!JhÇ.ºlE * Internet: www.barthconstruction.com F:\Pro;ects\SLC Admin. Addition\Proposal Requests\#6 trench drain.doc ~"'" \ --.rI General Contractor CGC007847 April 27, 2004 Paul Dritenbas Edlund, Dritenbas, Binkley Architects & Associates 65 Royal Palm Pointe Vero Beach, FI32960 Re: St. Lucie County Administration Addition Proposal Request # 8 New Overflow Scupper on Existing Roof Paul, We are submitting herewith our costs for the Overflow Scupper in the amount of, Seven Hundred Seventy Two and 00/100 Dollars ($772.00) and a time extension of 0 days. 1) The work is limited in scope to the attached subcontractor proposal. No permit costs have been included for these changes to the contract documents. Should you require any additional information, please feel free to contact me. Sincerely, ason Fykes Barth Construction Inc. Approved by: Architect Approved by: Owner Date: Date: cc: Ken Hall, SLC Central Services 1717 Indian River Boulevard" Suite 202A .. Vero Beach, Florida 32960 Phone: (561) 778-3072" Fax: (561) 770-3017 E-mail: info@barthconstruction.com * Internet: www.barthconstruction.com F:\Projects\SLC Admin. Addition\Proposal Requests\#8 overflow scupper.doc , . .." General Contractor May 3, 2004 CGC007847 Paul Dritenbas Edlund, Dritenbas, Binkley Architects & Associates 65 Royal Palm Pointe Vero Beach, FI 32960 Re: St. Lucie County Administration Addition Proposal Request # 9 Additional Framing for Roof rack & Misc. Anchors Paul, We are submitting herewith our costs for the Additional Framing & Anchors in the amount of, Eight Hundred Eighty Eight and 00/100 Dollars ($888.00) and a time extension of 0 days. 1) The work is limited in scope to the attached subcontractor proposal and material receipts. No permit costs have been included for these changes to the contract documents. Should you require any additional information, please feel free to contact me. Sincerely, dal ason Fykes Barth Construction Inc. Approved by: Architect Approved by: Owner Date: Date: cc: Ken Hall, SLC Central Services 1717 Indian River Boulevard * Suite 202A * Vero Beach, Florida 32960 Phone: (561) 778-3072 * Fax: (561) 770-3017 E-mail: info@barthconstruction.com · Internet: www.barthconstruction.com F:\Projeets\SLC Admin. Addition\Proposal Requests\#9 addl fTaming and mise anchors.doc ~, , .!!!!m! """"" General Contractor CGC007847 May 5, 2004 Paul Dritenbas Edlund, Dritenbas, Binkley Architects & Associates 65 Royal Palm Pointe Vero Beach, FI32960 Re: St. Lucie County Administration Addition Proposal Request # 10-Conduit & J Boxes for Future Security Paul, We are submitting herewith our costs for the Conduit & J Boxes for Future Security in the amount of, One Thousand Six Hundred Forty and 00/100 Dollars ($1,640.00) and a time extension of 0 days. 1) The work is limited in scope to installing (1) 120 volt Junction box and (1) empty J box and conduit will pull strings in ceiling above doors #1, 22 and 47. The conduit will run from above the doors back to the Electrical Room. No permit costs have been included for these changes to the contract documents. Should you require any additional information, please feel free to contact me. Sincerely, ason Fykes Barth Construction Inc. Approved by: Architect Approved by: Owner Date: Date: cc: Ken Hall, SLC Central Services 1717 Indian River Boulevard * Suite 202A * Vero Beach, Florida 32960 Phone: (561) 778-3072 * Fax: (561) 770-3017 E-mail: inforŒ.barthconstruction.com * Internet: www.barthconstruction.com F:\Projects\SLC Admin. Addition\ProposaJ Requests\# 1 0 Empty J box & conduit system. doc ... ..., General Contractor May 12. 2004 CGCOO784 7 Paul Dritenbas Edlund. Dritenbas. BinkJey ArChitects & Associates 65 Royal Palm POinte Vera Beach. F, 32960 Re Sr. LUCie County Administration Addition Proposal Request" 11- Access Doors in HVAC OUch PaUl, We are subm;lting herewith our COsts fer the Acce.. Doo... In OUc";n the a",ount of, Seven Thou.and Four Hundred Ninety and 001100 Dol/a", ($7,490,00) and aI/me extension 010 days. 1) The WOr1< ;s limited in Scope to prOViding and installing; 9 access doors in the duct work as Shown on sheets M3, M4 and M5 revised 4.26.04 Should you require any additional information, please feel free t,) contact me. Sincerely, da-- Jason Fykes Birth Construction Inc. Appr(þved by: Architect Approved by: O"'n~r Date: Dltte:_ Cc: KeR Hall, SLC Centr.' ServiceJl 1717 Indian Riwr Boulc.:\l3rd .. Suite 202A · Vero Beach, FIQrida 32960 Phone: (561) 778-3072 · fax: (~6 J) 770-3017 E-mail: t!¡!iI@J,rJrlh c9n·'itrY~:TiP!J.._Ç~!I1~ · , n(èmet: www.banhconST(uctiOn.com r:IProjectslSLC Admin. AdditionlProposal Reque~ls\jf.1 Access Dours in HV AC DUCls.doc -..-........ --......,...,. """",. It! 002 '! -' General Conlracror May 12, 2004 CGCOO7847 Paul Dritenbas Edlund, Dritenbas. Binkley Architects & Associates 65 Royal Palm Pointe Vero Beach, FI 32960 Re: St. Lucie County Administration Addition Proposal Request ø 13 Additional Wa'l Bracing Paul, We are Submitting herewith our costs for the Additiona' Wa'l B racing in the amount of, Two Thousand Nine Hundred Fifty One and 00/100 Dollars (S2,9li1.0D) and a time extension of 0 days. 1) The WOrk is limited in scope to providing and installing Ule cold rolled channel and clip angles on wall runs greater than 8 feet on all new framirlg as shown on the attacned directive. 2) The roof deCk slope will be accomplished using a taperEd insulation system in lieu of the cell core produq. Should you require any additional information, please feel free tel contact me, Sincerely, ~~ ct'~: ~on5trlKlioD Inc. ,\pproved by: ^rt'lIireet Appro\'ed by: Owner Dlte: Date:_ Cc: Ken Hall. SLC C~ntral Services 1717 Indian River Boulevard * Suil!: 202A * Vero Oeach, Florida 329(0 Phone: (561) 778-3072 * Fax: (561) 770-3017 E-màil:i.~ftl@Þ-;~tŸ.!.~9.lt~~r'y.ç.t iOIl.cu/D. · I nlt:met; www.barthconsrruction.com F;\Project$\SlC Admin. Addition\Proposal Requests\# 13 wall bracing.cae ./"'" , CHANGE ORDE~ ST. LUCIE COUNTY PROJECT: (name, address) Administration Building Addition #IIIfI(I CHANGE ORDER NUMBER: #2 INITIATION DATE: 5-17-2004 TO (Contractor): Barth Construction, Inc. 1717 Indian River Blvd. Vero Beach, Fl. 32960 CONSULTANTS PROJECT NO.: ST. LUCIE COUNTY CONTRACT NO: You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - Yes No) C03-06-452 CONTRACT DATE: June 24, 2003 Increase Contract Sum in the amount of $40,068.00. Extend Contract Time by six (6) days. This request is based on necessary construction changes, they include: permitting, drainage issue/compliance, A/C unit relocate, electrical/ future security, and structural integrity. The original (Contract Sum) (Guaranteed Maximum Cost) was .......................... $1,625,000.00 Net change by previous authorized Change orders ..................................... $ The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was ....... $ 1,625,000.00 The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (~~~k 1tk~) by this Change Order ....................................................... $ 40,068.00 The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order will be $1,665,068.00 The Contract Time will be (increased) (c!1iR!1Ðt~,d~MWia~) by ( 6) DaY$ The Date of Substantial Completion as of the date of this Change Order therefore is: November 18, 2004 Funds Available: Account Number 116-1 <:)30-562000-16008 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 cum ulative 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 of 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 that 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: By Agreed To: /9/I!A¡/ð : D9'(e Approved: Central Services St. Lucie County Department ,F1300 Virginia Ave.,Ft. Address Pierce, Fl. Binkley & Assoc~ Suite D Barth Construction, Inc ._____ Contractor 1717 Indian River Blvd.,Vero Bch.,Fl. By By Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 Date Date ~~ 5/illd- Date Approved as to Form and Correctness County Attorney WHITE - VENDOR GOLDENROD - FINANCE GREEN - PURCHASING PINK -. DEPARTMENT -- . .. .. ~ -.J ITEM NO. 8 B DATE: May 25, 2004 AGENDA REQUEST REGULAR [ ] "INVESTMENT FOR THE FUTURE" PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DI'{ISION ~115) PR~S7N:~/? B~_, ,,;- U1/,/'i¡Cll-- ,/'£>:JI'/'··('_ . . .¡,;'...... ''\,-,,,.' ~'.'\-' (/ V ..f" ,'7( Michael V. Powley, P.E. I) County Engineer SUBJECT: Platt's Creek Stormwater Project - Work Authorization NO.5 (C03-1 0-686) for Soil Testing Services with Dunkelberger Engineering & Testing, Inc. BACKGROUND: The attached Work Authorization is to provide soil testing services on an as needed basis during construction of the Platt's Creek Stormwater Project in the amount of $25,000. FUNDS AVAILABLE: Funds are available in: 102001-3725-563009-3112, Drainage Maintenance MSTU - Stormwater Management PREVIOUS ACTION: April 13, 2004, the BOCC awarded the construction contract to WPC Industrial Contractors, Inc. in the amount of $2,745,740. RECOMMENDATION: Staff recommends the Board approve Work Authorization NO.5 (C03-1 0-686) for Soil Testing Services with Dunkelberger Engineering & Testing, Inc. for the Platt's Creek Stormwater Project in the amount of $25,000, and signature by the Chairman. l'G APPROVED [ ] OTHER [ ] DENIED Approved 4-0 (Comm. Lewis Absent) COMMISSION ACTION: ~~. D as Anderson County Administrator [x] County Attorney [x] Project. Manager [x] Road & Bridge Cf)-- .~ ~ I'] M9t. & ."9" 140 ~~ I'] 0';9;""'9 Dept. p"U, W,,,,, ~'ìI, [x] Budget & Rev. Coor. ~P\t\ [x] Purchasing Dept £;/r' (Check for copy only, if applicable) ,,' v' -- ~ ...",.¡ WORK AUTHORIZATION NO. 3112 C03-10-686 W.A.#5 PLA TT'S CREEK STORMW A TER MANAGEMENT FACILITIES - SOIL TESTING Pursuant to that certain Agreement between County and Engineer for Professional Services for Continuing Soil Testing Services, (the "Agreement" (Contract No. C03-l 0- 686) between S1. Lucie County (the "County") and Dunkelberger Engineering & Testing, Inc., (the "Engineer") dated October 14, 2003, the Engineer agrees to perform and successfully complete the scope of work as set forth in the Engineer's Agreement and more particularly described in the attached Exhibit "A", the County agrees to compensate the Engineer the amount not to exceed Twenty-Five Thousand ($25,000.00) dollars. All work under this Work Authorization No.5 shall be completed on or before June 30, 2005 (or refer to schedule Exhibit "A", if appropriate). IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN \VITNESS: DATE: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY DATE: ,/ü./« l}J.... (T r print name/position) DATE: S-/'7¡'ý v DATE: WORK AUTHORIZATION: PROJECT: FIRM: TIME OF PERFORMANCE: SCOPE OF WORK: 'wi Exhibit "A" May 3, 2004 No.5 Platt's Creek Stormwater Management Facilities Dunkelberger Engineering & Testing, Inc. On or before June 30, 2005 Perform soil testing services on the Platt's Creek Stormwater Facilities on an as needed basis. ,.' . 'wi ITEM NO. C-9A DATE: 5/25/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasinq Department Ed Parker. Purchasinq Director SUBJECT: First amendment to Contract No. C03-12-743 with Kelly Services, Inc., amending the contract to allow Agency to conduct background searches as required by the County and authorize payment for the charges incurred by the Agency for this service BACKGROUND: On December 2,2003 the Board of County Commissioners approved, pursuant to Bid #04-002, a contract with Kelly Services, Inc. for Temporary Employment Services (Group I - Clerical workers). Staff is now requesting approval of the first amendment. FUNDS AVAilABLE: N/A PREVIOUS ACTION: On December 2, 2003 the Board of County Commissioners approved a contract with Kelly Services, Inc. for Temporary Employment Services. RECOMMENDATION: Staff recommends approval of the first amendment to contract C03-12-743 with, Kelly Services, Inc., amending the contract to allow Agency to conduct background searches as required by the County and authorize payment for the charges incurred by the Agency for this service, and authorization for the Chairman to sign the amendment as prepared by the County Attorney. COMMISSION ACTION: [J( APPROVED [] DENIED [ ] OTHER: CONCURRENCE: ~ Approved 4-0 (COmIll. Lewis Absent) Anderson ounty Administrator Coordination/Sia natu res County Attorney:(X) !k Mgt. & Budget: P'"h"lo, Mg'_'(X) ¡fit Other: Originating Dept:: Other: Finance: (Check for Copy only, if Applicable) .. f '-' .....,¡ HUMAN RESOURCES MEMORANDUM TO: Edward Parker Purchasing Director FROM: Patricia A. Clute Em ployee & labor Relations Manager DATE: APRil 29, 2004 SUBJECT: Temporary Employees On Dec. 2, 2003, the County entered into a contract with Kelly Services to supply temporary personnel. At the time the contract was signed, it was the County's intention to conduct background searches on potential temporary employees through the Human Resources Department. Human Resources was advised by the County Attorney's office that for various legal reasons, it was more appropriate to have the agency conduct background searches. Because it was not in the original contract, Finance is unable to authorize payment for the charges incurred by the agency. Please proceed to do an amendment to the contract to include payment for background searches. PAC/mp · '-' ~ FIRST AMENDMENT TO DECEMBER 2, 2003 AGREEMENT BETWEEN ST. LUCIE COUNTY AND KELLY SERVICES, INC. THIS FIRST AMENDMENT, is made and entered into this day of , 2004, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and KELLY SERVICES, INC., or his, its or their successors, executors, administrators, and assigns (the "Agency"). WHEREAS, on December 2, 2003 the parties entered into a contract to provide temporary personnel services (Group I-Clerical Workers); and, WHEREAS, the parties desire to amend the Contract to allow Agency to conduct background searches as required by the County and authorize payment for the charges incurred by the Agency for this service; NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 3. AGENCY RESPONSIBILITIES shall be amended to read as follows: 3. AGENCY RESPONSIBILITIES The Agency will be responsible for performing the following duties with respect to all temporary employees provided to the County: a. Make necessary payroll deductions and corresponding tax insurance payments. b. Strictly comply with Immigration and Naturalization Service reporting by processing the form 1-9's as required by federal law. c. Supply State Unemployment insurance and Workers Compensation insurance. d. Conducting Background Searches as requested by the County Project Manger The County reserves the right to drug test temporary employees supplied by the Agency at the County's expense. All temporary employees must sign a consent form for drug testing supplied by the Agency before they are assigned to a position within the County. 2. Paragraph 4. PAYMENT shall be amended to read as follows: 4. PAYMENT The County shall pay the Agency for the temporary personnel at a rate calculated using a multiplier of 1.247 for clerical personnel. The County shall pay for all expenses incurred by Agency for conducting background searches as requested by the County Project Manager. Upon request by the County, the Agency will furnish rates for personnel 1 "'" 'wi to perform the duties excluded from the above stated rates. The multiplier will be applied to the County's beginning hourly rate of pay for the position. The Agency shall invoice the County on a weekly basis for services rendered pursuant to this Agreement. Each invoice submitted hereunder shall indicate the name of the employee provided by the Agency, position, hours worked, hourly rate, and applicable multiplier. All invoices shall be sent to the department receiving the service for verification and processing. In the event that the County employs a temporary employee, damage fees (temporary to permanent charge) shall not be accessed if the temporary employee has worked for the County a minimum of 160 hours. In the event the County employs a temporary employee that has worked less than 160 hours, the damage fee will not exceed one (1) weeks payment to the Agency for the employee. 3. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney WITNESSES: KELLY SERVICES, INC. BY: Print Name: Title: 2 "wII ITEM NO. C- 9B DATE: 5/25/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasinq Department Ed Parker. Purchasinq Director SUBJECT: First amendment to Contract No. C03-12-745 with Treasure Coast Staffing, amending the contract to allow Agency to conduct background searches as required by the County and authorize payment for the charges incurred by the Agency for this service BACKGROUND: On December 2,2003 the Board of County Commissioners approved, pursuant to Bid #04-002, a contract with Treasure Coast Staffing for Temporary Employment Services (Group 11- Light Industrial Workers and Group III - Event Workers). Staff is now requesting approval of the first amendment. FUNDS AVAILABLE: N/A PREVIOUS ACTION: On December 2, 2003 the Board of County Commissioners approved a contract with Treasure Coast Staffing for Temporary Employment Services. RECOMMENDATION: Staff recommends approval of the first amendment to contract C03-12-745 with, Treasure Coast Staffing, amending the contract to allow Agency to conduct background searches as required by the County and authorize payment for the charges incurred by the Agency for this service, and authorization for the Chairman to sign the amendment as prepared by the County Attorney. COMMISSION ACTION: Ø(f APPROVED [] DENIED [ ] OTHER: Approved 4-0 (Camm. Lewis Absent) E: o nderson County Administrator Coordination/Sianatu res County Attorney:(X) ~~ .tJ" Mgt. & Budget: Purchasing Mgr.:(X) 51! Originating Dept:: Finance: (Check for Copy only, if Applicable) Other: Other: " .. '-" ....1 HUMAN RESOURCES MEMORANDUM TO: Edward Parker Purchasing Director FROM: Patricia A. Clute Employee & labor /~ Relations Manager ~ DATE: APRil 29,2004 SUBJECT: Temporary Employees On Dec. 2, 2003, the County entered into a contract with Treasure Coast Staffing to supply temporary personnel. At the time the contract was signed, it was the County's intention to conduct background searches on potential temporary employees through the Human Resources Department. Human Resources was advised by the County Attorney's office that for various legal reasons, it was more appropriate to have the agency (Treasure Coast Staffing) conduct background searches. Because it was not in the original contract, Finance is unable to authorize payment for the charges incurred by the agency. Please proceed to do an amendment to the contract to include payment for background searches. PAC/mp , . . , ~ 'WI FIRST AMENDMENT TO DECEMBER 2, 2003 AGREEMENT BETWEEN ST. LUCIE COUNTY AND TREASURE COAST STAFFING THIS FIRST AMENDMENT, is made and entered into this day of , 2004, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and TREASURE COAST STAFFING, or his, its or their successors, executors, administrators, and assigns (the "Agency"). WHEREAS, on December 2, 2003 the parties entered into a contract to provide temporary personnel services (Group II-Light Industrial and Group III-Event Staff); and, WHEREAS, the parties desire to amend the Contract to allow Agency to conduct background searches as required by the County and authorize payment for the charges incurred by the Agency for this service; NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 3. AGENCY RESPONSIBILITIES shall be amended to read as follows: 3. AGENCY RESPONSIBILITIES The Agency will be responsible for performing the following duties with respect to all temporary employees provided to the County: a. Make necessary payroll deductions and corresponding tax insurance payments. b. Strictly comply with Immigration and Naturalization Service reporting by processing the form 1-9's as required by federal law. c. Supply State Unemployment insurance and Workers Compensation insurance. d. Conducting Background Searches as requested by the County Project Manger The County reserves the right to drug test temporary employees supplied by the Agency at the County's expense. All temporary employees must sign a consent form for drug testing supplied by the Agency before they are assigned to a position within the County. 2. Paragraph 4. PAYMENT shall be amended to read as follows: 4. PAYMENT The County shall pay the Agency for the temporary personnel at a rate calculated using a multiplier of 1.34 for all liqht industrial workers and 1.30 for event staff. The County shall pay for all expenses incurred by Agency for conducting background searches as requested by the County Project Manager. Upon request by the County, the Agency 1 .. "" .~ will furnish rates for personnel to perform the duties excluded from the above stated rates. The multiplier will be applied to the County's beginning hourly rate of pay for the position. The Agency shall invoice the County on a weekly basis for services rendered pursuant to this Agreement. Each invoice submitted hereunder shall indicate the name of the employee provided by the Agency, position, hours worked, hourly rate, and applicable multiplier. All invoices shall be sent to the department receiving the service for verification and processing. In the event that the County employs a temporary employee, damage fees (temporary to permanent charge) shall not be accessed if the temporary employee has worked for the County a minimum of 160 hours. In the event the County employs a temporary employee that has worked less than 160 hours, the damage fee will not exceed one (1) weeks payment to the Agency for the employee. 3. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney WITNESSES: TREASURE COAST STAFFING BY: Print Name: Title: 2 ,.. ~ ..., ,,' ,;' ITEM NO. C -9C DATE: 5/25/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker. Purchasinq Director SUBJECT: Bid #04-044 - Purchase & Install Three (3) Variable Frequency Drives for Air Handler Units BACKGROUND: On May 5, 2004, Bid #04-044 was opened for the Purchase & Install Three (3) Variable Frequency Drives for Air Handler Units for Central Services. Nine hundred (900) vendors were notified, forty-seven (47) bid documents were distributed and three (3) responses were received. Staff recommends award to the low bidder Sunchaser Mechanical for $14,900.00. FUNDS AVAilABLE: Account #316-1931-546200-150048 - Maintenance Improvement Projects PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of Bid #04-044 - Purchase & Install Three (3) Variable Frequency Drives for Air Handler Units to the low bidder Sunchaser Mechanical for $14,900.00 and authorization for the Chairman to sign the contract as prepared by the County Attorney. ( ) APPROVED X) OTHER ( ) DENIED ~ o G ANDERSON OUNTY ADMINISTRATOR COMMISSION ACTION: Pulled prior to meeting. _J Coordination/Sia natures County Attorney (X) Jr~' Mgt. & Budget (X) U!J ~ Purchasing (X) ø t Originating Dept. ( ) Other ( ) Other ( ) Finance: (check for copy, only if applicable)_ I '" '-tI MEMORANDUM DEPARTMENT OF CENTRAL SERVICES -. """,,, ~ -,," i"'...;: - . FROM: Ed Parker, Purchasing Director Bob Ettswold, AlC superintendent~ May 12, 2004 -'.---. ._~. TO: ,~..~- ~ L... ,.' ¡"'. -"..... 9 1...., V1 _. "..-..,' DATE: SUBJECT: Award for Bid #04-044 **************************************************************************************************** In regards to Bid #04-044 for Purchase and Installation of Three Variable Frequency Drives for Air Handler Units at the Sheriff's Administration Building, I am accepting the bid from Sunchaser Mechanical for $14,900.00. This reflects the lowest bid amount. c: Roger Shinn, Central Services Director ~ '-' BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT ED PARKER, DIRECTOR TABULATION SHEET - BID #04-044 PURCHASE & INSTALL THREE (3) VARIABLE FREQUENCY DRIVES FOR AIR HANDLER UNITS CENTRAL SERVICES OPENED: MAY 5, 2004 VENDOR BASE BID SUNCHASER MECHANICAL PALM CITY, FL $ 14,900.00 FAX: 772-597-2133 SIEMENS BUILDING TECHNOLOGIES $ 15,785.00 PALM CITY, FL FAX: 772-223-7130 WEATHERTROL MIAMI, FL $ 17,795.00 FAX: 305-908-1039 NUMBER OF COMPANIES NOTIFIED*: 900 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 47 NUMBER OF BIDS RECEIVED: 3 *per demandstar.com JOHN D. BRUHN, District NO.1. DOUG COWARD, Districi NO.2. PAULA A. LEWIS, District NO.3. FRANNIE HUïCHINSON, District NO.4. CLIFF BARNES, District NO.5 COUNïY ADMINISïRATOR - DOUGLAS M. ANDERSON 2300 VIRGINIA AVENUE . FORï PIERCE, FL 34982-5652 . (772)-462-1700. FAX (772) 462-1294 t ...~ . """" ITEM NO. C-9D DATE: 5/25/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker. Purchasinq Director SUBJECT: Permission to advertise Invitation for Bids for Courier Services. BACKGROUND: Contract #C01-07-513 with Treasure Coast Courier Services, Inc. expires on 9/30104. Staff request permission to solicit bids for Courier Services. FUNDS AVAILABLE: NIA PREVIOUS ACTION: NIA RECOMMENDATION: Staff recommends approval for the request for permission to advertise Invitation for Bids for Courier Services. COMMISSION ACTION: ht APPROVED ( ) OTHER ( ) DENIED E: Approved 4-0 (Comm. Lewis Absent) D ANDERSON COUNTY ADMINISTRATOR Coord inatio n/Siç¡natures County Attorney ( X) Originating Dept. ( ) J1// I Mgt. & Budget ( ) Other ( ) Purchasing (X) dl Other ( ) Finance: (check for copy, only if applicable)_ -- ~ """'" G Back ~ @ .2";') )- .ì Search "i'~" Favorites @r Media ø Mdress ~ ~,ttp~Ul~,~ ,0, 69/p~:~,:sing~contr actsl ~d..rni~/index, as,: ë,id No ../Description: Av·,lard Letter Sent: I Update I Contt'.3ct Number: Vendor' Name: T·~lpe of Contract: Contract Amount: De p." rtm e fit: Description: Term/Limited: Contract Terms: Effective Date: Termination Date: E,id No ,/Description: A'Nar'd Letter Sent: I Update I Contr.3ct Number: <¡ r· D (:"';:1.. ~' ":j;¡;î Ii!! .. [] (I) v¡=GO ..' I C01-07-513 2nd Treasure Coast Courier Service, Inc, Amendment $ 743.00 per week Purchasing 2nd Amendment to July 24, 2001 Contract- extending the term of the contract for one year Term Agenda Number: BOCC Appro·....al: General Liabilit'l: Auto Liabilit'i: 'Workers' C:omp: N/A N/A N/A N/A Professional Liability: Statu s : Fully Executed Status Date 09/25/2003 1 year 09/02/2003 Link To Contract: No link to the contract available 09/30/2004 C01-07-513 1st Agenda rlJumber: C-5-B i¡J1 Thursday, May 13. 2004 11 :22 AM ,/~ /' ITEM ~ C-9E DATE: 5/25/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker, Purchasinq Director SUBJECT: Permission to advertise Request for Proposals for Medical and Mental Health Services for inmates at the S1. Lucie County Detention Center. BACKGROUND: Contracts with Prison Health Services, Inc. expires on 9/30/04. Staff request permission to solicit proposals for Medical and Mental Health Services for inmates at the S1. Lucie County Detention Center. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for the request for permission to advertise Request for Proposals for Medical and Mental Health Services for inmates at the S1. Lucie County Detention Center. "") APPROVED () DENIED ( ) OTHER Approved 4-0 (Comm. Lewis Absent) CE: COMMISSION ACTION: ----- 09 ANDERSON C UNTY ADMINISTRATOR Coord ination/Siç¡natures County Attorney ( X) 3Y Mgt. & Budget ( ) Other ( ) Purchasing (X) // £;.....,.f.I -// , Originating Dept. ( ) Other ( ) Finance: (check for copy, only if applicable)_ .... -.". ...., , ~~"'...".-,,-,,-------_..-._-----~_-......-_----- o'J Purchasing - Contracts - Administration - Microsoft Internet Explorer Eile ~dit ~iew Fgvorites lools t!elp () Back a@ . " ,J ~,_.1 Search .; " ".:;"-;-~., Favorites i.,r..j ~ Media €) . ~j=GO AQdress j ~ http://l O. 5.0 .69/purchasing/contr acts/admin/index. asp Add Ne''^! Insurance , .~ ·W'~._' .~.,_~_ ._. ~_,'_ u__ _.. .__. .'~__ I Update I Contract Number-: Vendor Name: Tipe of Contr-act: Contract Amount: De p a rtrn e nt: Descr-iption: Term/Limited: Contract Terms: Effecti',/e Date: Termination Date: E,id No ,/Description: Av,¡an:i Letter :~:ent: < -..... ~._......_- _.,_.,~.",.~...- C03-12-805 Prison Health Services, Inc. Agreement $ 212,235.00 Human Resources Agreement to Provide Mental Health Services to inmates of the St. Lucie County Detention Center Term 1 year 10/01/2003 09/30/2004 il Downloading from site: http://www.co.st-lucie.Fl.us/ B¡¡ Thursday, May 13, 2004 10:57 AM -, ~(It ~~ 1i!I" AI~enda Number-: BOCC Approval: General Liabiliti: Auto Liabiliti: "¡Vorkers' Comp: N/A N/A N/A N/A Professional Liability: Statu s : Fully Executed status Date 02/03/2004 Link To C:ontr.:;ct: No link to the contract available - , !II' ...,.¡ ITEM NO. C-9F " DATE: 5/25/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker, Purchasinq Director SUBJECT: Permission to advertise Request for Proposals for River Boat Tours. BACKGROUND: Contract #COO-10-042 with Green Seas Environment Organization International expires on 10/17/04. Staff request permission to solicit proposals for River Boat Tours. FUNDS AVAilABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for the request for permission to advertise Request for Proposals for River Boat Tours. Approved 4-0 (Cornm. Lewis Absent) CE: COMMISSION ACTION: (yJ APPROVED C') OTHER ( ) DENIED --- D ANDERSON COUNTY ADMINISTRATOR Coordi nation/Sig natures County Attorney ( X) Originating Dept. ( ) )j1<'/" [; Mgt. & Budget ( ) Other ( ) ,,~;'1 Purchasing (X) 'r(';;/'~{/~'/ Other ( ) Finance: (check for copy, only if applicable)_ ~ eGt£ ",f', Y .}>lCJ - ,,'.,"',) / ¡ L ,.- ,'. Ie ¿I"'f ,,,( :.... . ~ L IJ. ' )(.l? n',Go- -r-::: ?y/1-t'l FOURTH AMENDMENT TO HEALTH SERVICES AGREEMENT . , ~~ ' :." J: ;' ...J ~:··;~o.j;' This Fourth Amendment to the Health Services Agreement between Ken Mascara, as Sheriff of St. Lucie County, Florida (hereinafter "Sheriff') and Prison Health Services, Inc. (PHS) for correctional healthcare services is dated for reference purposes as of March 1 2004. PHS and the Sheriff are collectively referred to as the "Parties." WHEREAS, the Parties executed a Health Services Agreement with a commencement date of October 1, 2000, (hereinafter "Agreement") by which PHS contracted to provide certain medical services to be delivered to inmates of the St. Lucie County Detention Center (hereinafter "Facility"), and; WHEREAS, the Agreement has subsequently been amended by a First Amendment dated February 23, 2001, a Second Amendment dated November 27, 2002, and a Third Amendment dated November 1, 2003, and; WHEREAS, the Parties wish to further amend said Agreement to provide for additional nursing hours to screen, triage and provide emergency medications to INS detainees. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the receipt and sufficiency of which are hereby acknowledged; it is agreed upon as follows: 1. This Fou rth Amendment is effective as of March 2004. 2. PHS shall provide additional Registered Nursing (RN) hours on an as needed basis, and as PHS determines necessary, to screen, triage and provide emergency medications to INS detainees held at the Facility. PHS shall have no other responsibility for the cost or care of these detainees. 3. These detainees shall not be held at the Facility for more than 24 hours. 4. These detainees will not be booked into the Facility and will not be included in the daily count. 5. Sheriff shall pay PHS $34.50 per RN hour provided under this amendment to screen, triage and provide emergency medications to INS detainees held at the Facility. 6. PHS shall submit a monthly invoice to Sheriff documenting these RN hours, and Sheriff shall process and pay this invoice within 30 days of receipt. 7. In all other respects, the terms and conditions of the Agreement, as amended, shall continue unchanged and in full force and effect. '-" '-' IN WITNESS WHEROF, the parties, by their authorized signatures below, have executed this Amendment to the Agreement. Sheriff PHS l / BY: of":':'''' " ..::' ,!:""o___.;'- á ..~ ~ ~_ . BY: / ._~ /'" 11 -"-' --" / .-/.. .' --'././ --~..,..~ ..,. ,..'" ,;...~,~ / TITLE: TITLE: ,'.1, '" " .-. .' ~ OAT E'. ' . .,~.:"..%, ,.:.t.- .r /' ~;;;-.~; ,. t . /~·",,-'.."I .. '-'~'.'.", DATE: ATTEST: Corporate Officer \~ ....",.. ,-i-I..·J ....,\-~ ' -.,.·;C ~ t I' \ ! ,.JØ001 .. . J t· 11/20:2003 1ï:41~X 615 3ï6 9862 :\SG- PHS \:;. i; ',' ¿ THIRD AMENDMENT TO HEALTH SERVICES AGREEMENT This Third Amendment to the Health Services Agreement between Ken Mascara., as Sheriff of St. Lucie County, Florida (hereinafter "Sheriff') and Prison Health Services, Inc. (pH ) for correctional healthcare services is dated for reference purposes as of ()U I'H1bt' 0 2003. PHS and the Sheriff are collectively referred to as the «Parties." WHEREAS, the Parties executed a Health Services Agreement dated October 1, 2000, (hereinafter "Agreeroent") which was subsequently amended by a First Amendment da.ted February 23, 2001 and a Second Aroendment dated November 27, 2002, by wruch PHS contracted to provide certain medical services to be delivered to inmates of the St. Lucie County Detention Center (hereinafter "Facility"), and; WHEREAS, PHS and the Sheriff wish to further ameo.d said Agreement to extend the term and adjust the pricing, NOW, THEREFORE, in consideration of the mutual covenants herein contained, the receipt and sufficiency of which are hereby acknowledged; it is agreed upon as follows: 1. This Third Amendment is effective as of October 1, 2003. . 2. The Agreement is extended from October 1, 2003 throu.gh and including September 30, 2005 (hereinafter "Extension Period"). 3- For the first year of the Extension Period, the Sheriff shall pay to PHS base compensation of $2,210,679.00. This baBe compensation shall be payable in monthly installments of $184,220.60. 4. Du.ring the first year of the Extension Period, a per diem rate of 81.85 will be added to the monthly base compensation for each inmate in excess of an average monthly population of 1,050. 5. For the second year of the Extension Period, the Sheriff shall pay to PHS the above base compensation and per diem, increaied by a minimum ofthe Consumer Price Index-South Eastern Region Urban Consumers (CIP-D), U.S. City average for Medical Care. In no event shall the increase be more than 6%. 6. During the second year of the Extension Period, the average monthly population of 1,050 shall be increased by the same percentage as the base compensation. The second year per diem rate will be added to the monthly base compensation for each inmate in excess of the adjusted average monthly population. Page lof2 11/20/2003 1 ï: 42 ~ 615 3ï6 9862 ~ [4J 002 :\SG-PHS 7. The last paragraph of Section 9.2 of the Agreement shall become effective in the event the average monthly population exceeds 1,250 for sixty (60) consecutive days or moxe. 8. Should there be any change in or ID.odification to standards of care, or costs due to medications, treatments and associated lab costs that results in material increase in costs, the increased costs related to such change or modification are not covered in the Agreement and will be negotiated with the Sheriff, the Sheriff's approval for these new costs shall not be unreasonably withheld. 9. The annual $225,000 aggregate limit set forth Section 1.5 of the Agreement is amended to include all costs and expenses, on-site and off·site, associated \'ifÍth dialysis. 10. By way of clarification, the second paragraph of Section 1.7 of the Agreement is amended to include the following concluding sentence, "WEEKENDERS: PHS shall have no responsibility for inmates who are booked into custody of the Facility but do not sleep in the Facility." 11. Section 9.2 of the Agreement is amended to delete from that section each and every occurrence ofu(beyond a 24-hour period)." 12. The staffing plan initially set forth in Article 2 of the Agreement and subsequently amended in the Second Amendment is hereby amended to that reflected in Exhibit "A," attached hereto. 13. Subject to and in compliance with the provisions of HIP AA, PHS shall assiet the Sheriff to provide the insurance CaI'rier contracted by the county, reasonably appropriate claims data necessary to satisfy the new contract insurance carrier requirements. 14. In all other respects, the terms and conditions of the Agreement, as amended, shall continue unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have yxecuted this Amendment to the Agreement as of this ;l/) If'-- day of ¡)6 Ut'111 bf'r 2003. DATE: October 23. 2003 ::~(?~~ TITLE: G rbLJ; J/ (-{' £4'~ / DATE: ~ ~¿)03 Sheriff BY: Page 2 of2 ~ ""'0.' ..J;:"OLJ J, (jH~í .' , '. ¡) /¡. ! '11 Ï"¿. ,JiLt ,.,k!jJu t5 I.) -/H.-'è SECOND AMENDMENT TO AGREEMENT . '0 ,- . "(, !,' f (I;., l . . . i .'V? L ~ This Second Amendment to the Health Services Agreement is dated as of ~t€m be~ ,;).7 , 2002 by and between Prison Health Services, Inc, a Delaw'are corporation (hereinafter referred to as "PHS") and Ken 1. Mascara, as the Sheriff of St. Lucie County, Florida (hereinafter referred to as the "Sheriff'). WHEREAS, the Sheriff and PHS executed a Health Services Agreement dated October I, 2000, (the "Agreement") and amended by the First Amendment dated February 23, 2001, by which PHS contracted to provide medical services to be delivered to inmates . of the St. Lucie County Detention Center (hereinafter called "Facility"). WHEREAS, PHS and the Sheriff \vish to further amend said Agreement effective as of November 1.2002. NOW, THEREFORE, in consideration of the mutual cO\'enants herein contained, the receipt and sufficiency of which are hereby acknO\vledged; it is agreed upon as follows: 1. Effective November 1, 2002 through September 30, 2003, the Sheriff will pay PHS the base sum of One hundred Sixty-Eight Thousand Two Hundred Thirty-Eight and 001100 Dollars ($168,238.00) per month. 2. Effective November I, 2002, enhanced staffing will be provided consisting of eight (8) hours per week (.20 FTE) of a Physician, twelve (12) hours per week of a PAl ARNP (.30 FTE), and fifty-six (56) hours per week of a Registered Nurse (RN) (1.4 FTE). 3. Effective November 1, 2002, the staffing plan will be comprised of 22.9 FTE's and a revised Exhibit A and B are attached hereto. 4. Effective November 1. 2002. the Sheriff will allow PHS to substitute up to 3.0 FTE LPN with Rj'vlA/CMA/Paramedic. Monthly, for each LPN FTE that is replaced with a RMA/CMA/Paramedic, PHS will credit the Sheriff the difference between the hourly rates of the LPN and the Rìv1A/CMA/Paramedic. However, should the FTE's be filled by LPN's, the Sheriff shall not received a credit. 5. In all other respects, the terms and conditions of the Agreement, as amended, shall continue unchanged and in full force and effect. Page 1 of2 \wi 'wi IN WITNESS WHEROF, the parties hereto have executed this Amendment to the Agreement as of this J.1 +f.-.. day of -=n tN'On helL- 2002. cara, Sheriff of St. unty, Florida BY: Title: DATE~ Attest: DATE: 4V'~t ~?J..2- ~ Page 2 of2 \¡.r. "'" Prison Health Services Inc. Staffing for S1. Lucie County Sheriffs Office County Jail Position Medical Director Dentist Health Services Administrator Director of Nursing Secretary Medical Records Clerk PNARNP RN LPN Evènirig Medical Records Clerk RN LPN ~i9h.tS hift,f~i,~i~~~~~~,~(~j~i~~:,;..··· RN LPN TOTAL FTE/HOURS per week SUMMARY: ,,0'S I Medical Director Dentist Health Services Administrator Director of Nursing Secretary Medical Records Clerk PNARNP RN LPN TOTAL FTE/HOURS per week FTE ours per Week 1.4 2.8 22.90 56 112 916 0.7 0.3 1.0 1.0 1.0 2.0 0.3 3.40 13.20 22.90 28 12 40 40 40 80 12 136 528 916 Exhibit A '- Prison Health Services Inc. Staff Rates St. Lucie County Sheriffs Office Medical Director Dentist Health Services Administrator Director of Nursing Secretary Medical Records Clerk PNARNP RN LPN RMNCMNParamedic ~~.·~~.~.·:j.;t.;:~H:J¡l;;¡~~~~"?-H~f~r¡J-?R~.-~ît~.--~.~..: '. ",;",~"",;.., O.U y; a e $65.00 $45.00 $29.25 $20.20 $14.75 $8.00 $35.00 $20.00 $15.10 $10.00 ....., Exhibit B ~~~5Í:Ë~~1 0.7 0.3 1.0 1.0 1.0 2.0 0.3 3.4 13.2 '-"" -....I FIRST AMENDMENT TO AGREEMENT This Amendment to the Health Services Agreement dated as of~ ~3 , 2001 by and between Prison Health Services, Inc, a Delaware corporatio (hereinafter referred to as "PHS") and Ken J. Mascara, as the Sheriff of St. Lucie County, Florida (hereinafter referred to as the "Sheriff'). WHEREAS, the prior Sheriff of St. Lucie County, Robert C. Knowles and PHS executed a Health Services Agreement dated October 1, 2000, (the "Agreement"), by which PHS contracted to provide medical services to be delivered to inmates of the St. Lucie County Detention Center (hereinafter called "Facility"). WHEREAS, PHS and the current Sheriff of St. Lucie County, Ken J. Mascara wish to amend said Agreement effective as of January 1,2001. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the receipt and sufficiency of which are hereby acknowledged; it is agreed upon as follows: 1. The parties to the Agreement are Ken J. Mascara as the Sheriff of St. Lucie County, Florida and Prison Health Services, Inc.; and 2. Section 11.3 Notice, (a) is modified as follows: (a) Sheriff Ken J. Mascara: Sheriff of St. Lucie County 4700 W. Midway Road Ft. Pierce, FL 34981 3. In all other respects, the terms and conditions of the Agreement, as amended, shall continue unchanged and in full force and effect. IN WITNESS WHEROF the Agreement as of this ~ parties hereto have executed this Amendment dayOf.....~~,2001. Prison Health Services, Inc. to the -, B~1v Title: 4pfc~J DATE: 1-/'Z-~/"" 'iFtt) ~ 'wi HEALTH SERVICES AGREEMENT THIS AGREEtvIENT between Robert C. Knowles, as Sheriff of S1. Lucie County, Florida (hereinafter referred to as "Sheriff or SLCSO"), and Prison Health Services, Inc., a Delaware corporation, (hereinafter referred to as "PHS"), is entered into as of the j ::. day of (I. rt./ },' t ,2000. Services under this Agreement shall commence on October 1, 2000 and shall continue for a period of three years, in accordance with Section 8.1. \VITNESSETH: WHEREAS, the Sheriff is charged by law with the responsibility for obtaining and providing reasonably necessary medical care for inmates of the S1. Lucie County Detention Center (hereinafter called "Facility"); and WHEREAS, the Sheriff desires to provide for health care to inmates in accordance with applicable law; and WHEREAS, the Sheriff desires to enter into this Agreement with PHS to promote this objective; and WHEREAS, PHS is in the business of providing correctional health care services and desires to provide such services for the Sheriff under the terms and conditions hereof, NOW, THEREFORE, in consideration ofthe covenants and promises hereinafter made, the parties hereto agree as follows: ARTICLE I: HEALTH CARE SERVICES 1.1 General Engagement. The Sheriff hereby contracts with PHS to provide for the delivery of reasonably necessary medical care to individuals under the custody and control of the Sheriff and sentenced to and incarcerated at the Facility ("Inmates"), except those identified as work release, and PHS enters into this Agreement according to the terms and provisions hereof. 1.2 Scope of General Services. The responsibility of PHS for medical care of an inmate commences with booking of said inmate. It is further required that the SLCSO notify the on-site PHS staff of any bookings performed outside the Facility. PHS shall provide health care services for all persons committed to the custody of the Facility, except work release and those identified in Section 1.7. PHS shall provide on a regular basis, at its own cost, all professional medical, dental, (excluding in-patient psychiatric hospitalization), related health care and administrative services for the inmates, a comprehensive health evaluation of each inmate following booking into the Facility in accordance with NCCHC Standards and Florida Model Jail Standards], booking/intake health screenings, regularly scheduled sick call, nursing care, regular physician and dentist visits to the '-' ....,¡ Facility, hospitalization, medical specialty services, emergency medical care, emergency ambulance services when medically necessary, medical records management, pharmacy services management, health education and training services, a quality assurance program, administrative support services, and other services, all as more specifically described herein. 1.3 Specialty Services. In addition to providing the general services described above, PHS shall, at its own cost, provide to inmates at the Facility special medical services including, but not limited to, radiology services and laboratory services to the extent such are determined to be medically necessary by PHS. \Vhere non-emergency specialty care is required and cannot be rendered at the Facility, PHS will make appropriate off-site arrangements for the rendering of such care and shall make arrangements with the Sheriff for the transportation of the inmates in accordance with Section 1.9 of this Agreement. 1.4 Emergency Services. PHS shall provide, at its own cost, emergency medical care, as medically necessary, to inmates through arrangements to be detennined by PHS with local hospitals. PHS shall, at its own cost, provide for qualified emergency ambulance transportation services when medically necessary in connection with off-site emergency medical treatment. Additionally, staff employed by the Sheriff and visitors shall be treated within the Facility for injuries and/or illnesses only in an emergency and upon request of the Sheriff. 1.5 Hospitalization Services and Limitations on Catastrophic Medical Services. PHS will arrange for the admission of any inmate who, in the opinion of the Medical Director (hereinafter meaning a licensed PHS physician) requires hospitalization, and will bear the costs thereof up to the limits set forth herein. PHS will be responsible for costs associated with hospitalization, all off-site and on-site specialty services, inclusive of diagnostic procedures, and emergency transportation services. "Hospitalžzation" refers to those services, which will be rendered in a JACHO accredited hospital, which provides comprehensive adult medical care. Such services include inpatient hospitalization, ambulatory surgery, emergency ambulatory care, diagnostic and therapeutic radiology, laboratory and pathological capabilities, and physical medicine capabilities. "Off-site medical specialžst care" refers to those services rendered by licensed medical specialists, which are not provided on-site at the Jail, and which are provided off-site in a hospital, physician's offIce or clinic, or other medical facility. For each twelve (12) month period of the contract, PHS' liability for costs associated with the medical services for inmates rendered outside of the Facility as previously defined will be limited as follows: (a) PHS' total liability for hospital and off-site medical specialty costs for all inmates will be limited to $225,000 per twelve (12) month contract period. Should the amount expended not reach $225,000 in any contract year, then PHS will credit against its fee paid by the SLCSO, an amount equal to fifty percent (50%) of the difference between the amount expended and $225,000. Should the total amount expended by PHS be greater than $225,000 in any contract year, then the excess cost will be shared by PHS and the SLCSO at a 2 '- ....,¡ rate of fIfty percent (50%) each for any amount between $225,001 and $400,000, and twenty-fIve percent (25%) to PHS and seventy-five percent (75%) to SLCSO for any amount greater than $400,001. (b) Included in the aggregate S225,OOO annual liability limit are costs associated with protease inhibitors and viral load testing for HIV positive patients as defined by CDC criteria. Monthly summaries for these costs will be forwarded to SLCSO. The intent of this Section 1.5 is to defme PHS' limit of costs for hospitalization and other medical services rendered outside of the Facility. 1.6 Exceptions to Treatment. PHS will not be financially responsible for the cost of any medical treatment or health care services provided to any inmate prior to the inmate's formal booking into the custody of the SLCSO. Such pre-booking conditions are defmed as an injury or illness for which a prisoner, arrested for a violation of State law or County ordinance, is treated, prior to, or at the time of, being booked {into} the St. Lucie County Jail. Furthermore, PHS will not be financially responsible for the cost of any medical treatment or health care services provided to medically stabilize any inmate presented at booking with a life threatening injury or illness or in immediate need of emergency medical care. Once an inmate has been medically stabilized and booked into the custody of the SLCSO, PHS will be financially responsible for the cost of all medical treatment for health care services regardless of the nature of the illness or injury or whether or not the illness or injury occurred prior or subsequent to the individual's incarceration at the Facility. An inmate shall be considered medically stabilized when the medical condition no longer requires immediate emergency medical care or outside hospitalization so that the inmate can be reasonably housed inside the Facility. PHS shall not be financially responsible for significant changes in treatment standards, which are either not FDA approved at the start date of this contract or are not part of PHS' written protocols in use at the Facility at the time this Agreement is entered into. Should any new drug classes or diagnostic tests be mandated and approved in relation to community health care standards for treatment and or required by the PHS Medical Director as necessary for the treatment of inmates housed at the Facility, and the cost of such treatment, in total aggregate, would exceed 2% of the annual contract amount for any contract term, then the Sheriff and PHS shall agree to negotiate the potential for additional compensation due PHS. PHS shall not be responsible for medical costs associated with the medical care of any infants born to inmates. PHS shall provide health care services to pregnant inmates, but health care services provided to an infant following birth will not be the responsibility of PHS. PHS shall not be responsible for the costs or furnishing of any abortions unless medically necessary. PHS will not be responsible for any medical testing or obtaining samples, which are forensic in nature, except as required by Florida Statutes 943.325, which mandates that individuals convicted of "any offense or attempted offense defined in Chapter 794 (Sexual Battery), Chapter 3 '- "w1J 800 (Lewdness; Indecent Exposure), s. 782.04 (Homocide), s. 784.045 (Aggravated Battery), s. 812.133 (Carj acking), or 812.135 (Home Invasion Robbery) and, who is within the confines of the legal state boundaries, shall be required to submit two specimens of blood." 1.7 Inmates Outside the Facilities. Health care services are intended only for those inmates booked into actual custody of the Facility. This includes inmates booked into custody while in outside hospitals immediately after notification of such booking to the on-site PHS Medical staff. Such inmates will be included in the daily population count. Inmates on any sort of temporary release (authorized or unauthorized), including, but not limited to, inmates temporarily released for the purpose of attending funerals or other family emergencies, inmates on escape status, inmates on pass, parole or supervised custody who do not sleep in the Facility at night, will not be included in the daily population count, and will not be the responsibility of PHS with respect to any claim, liability, cost or expense of the payment or furnishing of health care services. The cost of medical services provided to inmates who become ill or are injured while on temporary release will not be the fmancial responsibility of PHS after their return to the Facility. This relates solely to the costs relating to the particular illness or injury incurred while on such temporary release. The cost of medical services for other illnesses and injuries will be the responsibility of PHS. Inmates in the custody of other police or other penal jurisdictions at the request of the County are likewise excluded from the population count and are not the responsibility of PHS for the furnishing or payment of health care services. 1.8 Elective Medical Care. PHS will not be responsible for providing elective medical care to inmates. For purposes of the Agreement, "elective medical care" means medical care, which, if not provided, would not, in the opinion of PHS' Medical Director, cause the inmate1s health to deteriorate or cause definite harm to the inmate's well-being. Such decisions concerning medical care shall be consistent with general NCCHC standards. In the event of a dispute between PHS' Medical Director and the Sheriff regarding effective medical care, PHS will state in writing to SLCSO reasons why the medical care is being denied. Any referral of inmates for elective medical care must be reviewed by the Sheriff prior to provision of such services. 1.9 Transportation Services. To the extent any inmate requires off-site nonemergency health care treatment including, but not limited to, hospitalization care and specialty services, for which care and services PHS is obligated to pay under this Agreement, the SLCSO will, upon prior request by PHS, its agents, employees or contractors, 'provide transportation as reasonably available, provided that such transportation is scheduled in advance. When medically necessary, PHS shall provide all emergency ambulance transportation of inmates in accordance with Section 1.4 of this Agreement. 1.10 Medical Services to Sheriff's Offtce Staff The PHS physician will perform Criminal Justice Standards and Training mandated pre-employment physical examinations for up to fifty (50) applicants per year at no additional charge to the Sheriff's Office. The SLCSO will, however, pay PHS Fifty and 00/1 00 Dollars ($50.00) each for any applicants in excess of fifty (50) 4 "'" '- per year. PHS will perform the pre-employment physical examinations within five (5) working days of request. PHS will provide a Hepatitis B inoculation program for Sheriff's OffIce staff, including administration of vaccine and record-keeping. PHS will provide this program at no additional cost to the Sheriff's Offlce. The SLCSO will be responsible for the purchase of the Hepatitis B vaccine for the program. PHS will provide annual testing for tuberculosis (PPD test) for Sheriff's Office staff at no additional cost to the SLCSO. In the event of positive test results on any staff member, that person will be referred for follow-up and treatment per an established protocol. PHS will provide drug-testing services of Sheriff's Department Employees. On a weekly basis, PHS staff will process a maximum of nine (9) drug screening panels, as requested by the Sheriff's office. The testing results will be sent directly to the Sheriff's designee. ARTICLE II: PERSONNEL 2.1 Staffing. PHS shall provide medical, dental, technical and support personnel as necessary for the rendering of health care services to inmates at the Facility as described in and required by this Agreement. The chart attached as Exhibit A includes the agreed-upon staffing matrix necessary to provide the health care and support services required by the Facility for an inmate population of 900 inmates. The staffing matrix is based on the assumption that there will be up to 900 inmates. Should the inmate population increase to a level greater than 900 inmates for a period of 60 days or longer, additional health care staffmg beyond the positions noted above might be necessitated. Should a sustained increase occur, PHS reserves the right to review the staffing and contract price and, with the County's participation and approval, which shall not be unreasonably withheld, make necessary adjustments in staffing and contract price in order to accommodate any additional staff positions which may be needed to serve the increased inmate population. Should a sustained decrease in inmate population occur for a thirty (30) day period or longer, PHS reserves the right to decrease staffing to an appropriate level for the population. Should a sustained decrease in population occur such that there is a variance in population for a sustained period of three months, PHS will be able to decrease staffmg until population is at the prior level, if such decrease can occur without a reduction in the level of service to the remaining population. 2.2 Staffing Penalties. For each position governed by the stafflng matrix included as Exhibit A of this Agreement, a penalty will be imposed by the SLCSO for any unfilled hours. For each unfilled hour of such staff time, the SLCSO will deduct from its monthly payment to PHS at the average hourly salary rate for the position as defined in Exhibit B. Should any position go unfilled for a period exceeding thirty (30) days, the rate of hourly charge back to PHS will be one hundred percent (100%) of the average hourly salary rate for the position. In all cases, employees 5 '- ...., may be used to cover like positions when their credentials exceed the credentials required for such similar position. In the event of staff shortages, "agency" or "pool" nurses shall not exceed 15% of the total staffmg pattern for any monthly period. In the event that PHS exceeds this limit, a charge back equal to one hundred percent (100%) of the average hourly salary rate for the position shall be assessed for each hour PHS exceeds the fifteen percent (15%) cap. 2.3 Licensure, CertifIcation and Registration of Personnel. All personnel provided or made available by PHS to render services hereunder shall be licensed, certified or registered, as appropriate, in their respective areas of expertise as required by applicable Florida law. 2.4 Sheriff's Satisfaction with Health Care Personnel. If the Sheriff becomes dissatisfied with any health care personnel provided by PHS hereunder, or by any independent contractor, subcontractors or assignee, PHS, in recognition of the sensiti\'e nature of correctional services, shall, following receipt of written notice from the Sheriff of the grounds for such dissatisfaction and in consideration of the reasons therefor, shall exercise its best efforts to resolve the problem. If the problem is not resolved satisfactorily to the Sheriff, PHS shall remove or shall cause any independent contractor, subcontractor, or assignee to remove the individual about whom the Sheriff has expressed dissatisfaction. Should removal of an individual become necessary, PHS will be allowed reasonable time to find an acceptable replacement, without penalty or prejudice to the interests of PHS. 2.5 Use of Inmates in the provision of Health Care Services. Inmates shall not be employed or otherwise engaged by either PHS or the Sheriff in the direct rendering of any health care services. Upon prior written approval of the Sheriff, inmates may be used in positions not involving the rendering of health care services directly to inmates. 2.6 Subcontracting and Delegation. In order to discharge its obligations hereunder, PHS will engage certain health care professionals as independent contractors rather than as employees. The Sheriff may request to approve such professionals, but approval will not be unreasonably withheld. Subject to the approval described above, the Sheriff consents to such subcontracting or delegation. As the relationship between PHS and these health care professionals will be that of independent contractor, PHS will not be considered or deemed to be engaged in the practice of medicine or other professions practiced by these professionals. PHS will not exercise control over the manner or means by which these independent contractors perform their professional medical duties. However, PHS shall exercise administrative supervision over such professionals necessary to ensure the strict fulfillment of the obligations contained in this Agreement. For each agent and subcontractor, including all medical professionals, physicians, dentists and nurses performing duties as agents or independent contractors of PHS under this Agreement, PHS shall provide the Sheriff proof, if requested, that there is in effect a professional liability or medical malpractice insurance policy, as the case may be, in an amount of at least One million dollars ($1,000,000) coverage per occurrence and Three million dollars ($3,000,000) aggregate. If requested by SLSCO, PHS will provide to SLCSO copies of subcontractor agreements providing service warranted under the Agreement. 6 "- ~ 2.7 Discrimination. During the performance of this Agreement, PHS and Sheriff, their employees, agents, subcontractors, and assignees agree as follows: (a) None will discriminate against any employee or applicant for employment because of race, color, religion, sex, age, Vietnam Veteran status, disability as defined in the Americans with Disabilities Act or national origin, except where age, religion, sex, disability or lack thereof or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. Each will agree to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (b) In all solicitations or advertisements for employees, each will state that it is an equal opportunity employer. (c) Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. ARTICLE III: ACCREDIT:\. TION 3.1 Obligation of PHS. PHS' services shall be designed to meet the standards promulgated/developed by the National Commission on Correctional Health Care for Jails (NCCHC), American Correctional Association (ACA) and the Florida Model Jail Standards. PHS will cooperate fully with the Sheriff in all efforts to attain and maintain formal accreditation of the Facility's health care program. Any deficiency in the performance of health care services under this Agreement in the SLCSO correctional system resulting in notice from any regulatory or accrediting organization may constitute a material breach of this Agreement and shall be rectified immediately provided that such a breach is directly attributed to PHS. Failure to rectify any such deficiency within a thirty (30) day cure period may result in causing the Sheriff, in his sole discretion, to terminate this Agreement. PHS will maintain NCCHC accreditation. In the event accreditation from the NCCHC is not maintained but substantially cancelled during the term of this Agreement for failure on the part of PHS to comply with NCCHC standards, then PHS will pay a penalty of Twenty-Five Thousand and 00/100 Dollars ($25,000.00) to the SLCSO as liquidated damages. This obligation shall include the providing of written reports, on-site reviews, preparation of forms and applications and attendance at meetings as required by the Sheriff. PHS shall not be responsible for NCCHC requirements not under PHS' direct control or within the scope of PHS services. ARTICLE IV: EDUCATION 4.1 Inmate and Staff Education. PHS shall conduct an ongoing health education program for inmates at the Facility with the objective of raising the level of inmate health and health care. If the Sheriff so desires, PHS shall conduct the same program for correctional offlcers at the Facility. 7 ....", '- PHS staff will provide relevant training to SLCSO staff on at least a quarterly basis on topics agreed upon by both parties. 4.2 Medical Services Staff Education. PHS will require that its medical, professional and para-professional staff receive all necessary and requisite statutorily mandated in-service, annual or proficiency training and other such professional or para-professional education and training programs needed to provide current proficiency in the professional's or para-professional's particular medical discipline or specialty. ARTICLE V: REPORTS AND RECORDS 5.1 Medical Records. PHS shall cause and require to be maintained a complete and accurate medical record for each inmate who has received health care services. Each medical record will be maintained in accordance with applicable laws, NCCHC standards and the Sheriffs policies and procedures. The medical records shall be kept separate from the inmate's confinement record. A complete legible copy of the applicable medical record shall be available, at all times, to the Sheriff and may be available to accompany each inmate who is transferred from the Facility to another location for off-site services or transferred to another institution. Medical records shall be kept confidential. Subject to applicable law regarding confIdentiality of such records, PHS shall comply with Florida law and the Sheriffs policy with regard to access by inmates and Facility staff to medical records. No information contained in the medical records shall be released by PHS except as provided by the Sheriffs policy, by a court order, or otherwise in accordance with the applicable law. PHS shall, at its own cost, provide all medical records, forms, jackets, and other materials necessary to maintain the medical records. Upon the expiration or termination of this Agreement, all medical records shall be delivered to and remain with the Sheriff. However, the Sheriff shall provide PHS with reasonable ongoing access to all medical records even after the termination/expiration of this Agreement to enable PHS to properly prepare for litigation or anticipated litigation or any other legal or regulatory action brought or threatened by third persons in connection with services rendered during the term hereof. 5.2 Regular Reports by PHS to the Sheriff. PHS shall provide to the Sheriff, on a date and in a form mutually acceptable to PHS and the Sheriff, monthly and annual reports relating to services rendered under this Agreement. PHS shall submit monthly and other periodic reports to the Director of the Detention Department for the Sheriff or the Sheriffs Health Services Representative, concerning and reflecting on the overall health of the inmates committed to the custody of the Sheriff. Such reports shall be submitted on a regular, periodic, or as requested basis to be determined by mutual written agreement of PHS and the Sheriff. PHS will fully cooperate with the SLCSO to respond to reporting requests to support any provision or section of this Agreement, without any additional charge, fee or assessment to the Sheriff. 5.3 Third Party Reimbursement. PHS will seek and obtain from any inmate information concerning any health insurance the inmate might have that would cover services rendered by PHS hereunder, and the Sheriff will cooperate fully with PHS in its efforts to secure this information. PHS will be responsible for the coordination and management oversight of all potential third payment efforts. PHS will not make payment for any offsite inmate health care until all third party payment efforts have been exhausted, such efforts will not include litigation. All 8 ....., \w third party remuneration that is recovered or credited because of the efforts to collect payment by PHS from any third party source or entity, including without limitation, workers compensation insurance, commercial medical insurance, Medicare, Medicaid, federal, state or local health care benefits or programs, will be returned, paid or credited to the Sheriffs o[f¡ce. SLCSO will receive a monthly report outlining third party reimbursement efforts made by PHS. PHS will require that anyone acting on its behalf or providing any medical service to an inmate will seek reimbursement for any such medical services, as allowed by law, in accordance with the provisions of F.S. 901.35 (except for F.S. 951.35 (2) (a), as it may be applicable to the Board of County Commissioners for St. Lucie County) and F.S. 951.032. 5A Inmate Information. Subject to the applicable Florida law, in order to assist PHS in providing the best possible health care services to inmates, the Sheriff will provide PHS with information pertaining to inmates that PHS and the Sheriff mutually identify as reasonable and necessary for PHS to adequately perform its obligations hereunder. 5.5 PHS Records Available to the Sheriff with Limitations on Disclosure. PHS shall make available to the Sheriff, at the Sheriff's request, all records, documents and other papers relating to the direct delivery of health care services to inmates hereunder. The Sheriff understands that many of the systems, methods, procedures, written materials and other controls employed by PHS in the performance of its obligations hereunder are proprietary in nature and will remain the property of PHS. Information concerning such may not, at any time, be used, distributed, copied or otherwise utilized by the Sheriff, except in connection with the delivery of health care services hereunder, or as permitted or required by law, unless such disclosure is approved in advance in writing by PHS. 5.6 Sheriff's Records Available to PHS with Limitations on Disclosure. During the term of this Agreement and for a reasonable time thereafter, the Sheriff will provide PHS, at PHS' request, Sheriff's records relating to the provision of health care services to inmates as may be reasonably requested by PHS or as are pertinent to the investigation or defense of any claim related to PHS' conduct. Consistent with applicable law, the Sheriff will make available to PHS such records as are maintained by the Sheriff, hospitals and other outside health care providers involved in the care or treatment of inmates (to the extent the Sheriff has any control over those records) as PHS may reasonably request. Any such information provided by the Sheriff to PHS that the Sheriff considers confidential and clearly labeled confidential shall be kept confidential by PHS and shall not, except as may be required by law, be distributed to any third party without the prior Mitten approval of the Sheriff. 5.7 Florida Public Record Law. PHS acknowledges that it is familiar with the provisions of Florida's Public Records Law (Chapter 119, F .S.) and all of its medical records as they pertain to health care services for the Sheriff are subject to the provisions of the Public Records Law of Florida, unless specifically exempted under Chapter 119, Florida Statutes, or other such provisions of Florida law providing for the confidentiality of medical records. In the event that PHS should assert any proprietary or confidential status to any of its systems, methods, procedures or written materials and other controls employed by PHS in the performance of its obligation pursuant to this Agreement, then PHS shall assert such claim on its own. 9 ...,¡ ~ ARTICLE VI: SECURITY 6.1 General. PHS and the Sheriff understand that adequate security services are necessary for the safety of the agents, employees and subcontractors of PHS as well as for the security of inmatesand Sheriffs staff, consistent with the correctional setting. The Sheriff will do his best to provide sufficient security to enable PHS, and its personnel, to safely and adequately provide the health care services described in this Agreement. PHS, its staff and personnel, understand that the facility in which services will be rendered is a detention or jail facility and that working in such a facility involves inherent dangers. PHS, its staff and personnel further understand that the Sheriff cannot guarantee anyone's safety in such a facility and nothing herein shall be construed to makethe Sheriff, his deputies or employees a guarantor of the safety of PHS employees, agents or subcontractors, including their employees. In the event that any recommendation by PHS for particular health services for any inmate or transfers to a medical facility should not be implemented and carried out for security reasons, PHS will be released from professional liability for any damages resulting from any such decision on the part of the Sheriff not to respond or to institute a requested transfer of any inmate. 6.2 Loss of Equipment and Supplies. The Sheriff shall not be liab Ie for loss of or damage to equipment and supplies of PHS, its agents, employees or subcontractors unless such loss or damage was caused by the negligence of the Sheriff or his employees. 6.3 Security During Transportation Off-Site. The Sheriff will provide security as necessary and appropriate in connection with the transportation of any inmate between the Facility and any other location for off-site services as contemplated herein. ARTICLE VII: OFFICE SPACE, EQUIPMENT, INVENTORY AND SUPPLIES 7.1 General. The Sheriff agrees to provide PHS with office space, facilities, equipment (including office furniture) and utilities sufficient to enable PHS to perfonn its obligations hereunder. PHS will supply telephone carrier services and equipment within the Jail for local and long distance access for use of its personnel. The Sheriff will provide necessary maintenance and housekeeping of the office space and facilities. PHS agrees it has inspected the Facility and medical office space and facilities and that such space and facilities are sufficient for its agents, employees and subcontractors to perform all of the obligations required under this Agreement. Sheriff shall be responsible for providing substitute space should the designated facilities become unsafe for any reason. 7.2 Delivery of Possession. The Sheriff will provide to PHS, beginning on the date of commencement of this Agreement, possession and control of all medical and office equipment and supplies, that are the Sheriff's property, in place at the Facility's health care unit. At the tennination of this or any subsequent Agreement, PHS will return to the Sheriff possession and control of all supplies, medical and office equipment, in working order, reasonable wear and tear excepted, which were in place at the Facility's health care unit prior to the commencement of services under this Agreement. 10 'WI '-' 7.3 Maintenance and Replenishment of Equipment. The Sheriff will continue to maintain all County equipment necessary for the performance of this contract by PHS in working order during the term of this Agreement. Based on input from the PHS Medical Administrator, the detention department will submit an annual budget for any capital equipment items necessary to provide services in the Facilities. 7.4 General Maintenance Services. The Sheriff will provide for each inmate receiving health care services the same services and facilities provided by the Sheriff for all inmates at the Facility including, but not limited to, daily housekeeping services, dietary services, building maintenance services, personal hygiene supplies and services, and linen supplies. 7.5 Supplies. PHS warrants and represents that the quality and quantity of supplies on hand during this Agreement will be sufftcient to enable PHS to perform its obligations hereunder. 7.6 TB Isolation Rooms. PHS will pay for the remodeling of two of the infirmary cells to meet the CDC and Florida State recommended standards for tuberculosis isolation. Upon completion, the rooms will maintain negative air pressure and have an average of 12 air changes per hour. If it is determined that air recirculation is unavailable, then high efficiency particulate air (HEP A) filters will be installed. ARTICLE vnI: TERl\1 AND TERMINATION OF AGREEMENT 8.1 Term. This Agreement will be effective at 12:01 a.m. on October 1, 2000. The initial term of this Agreement shall be three years. This Agreement is renewable under like terms for any number of additional two (2) year terms thereafter, unless either party delivers written notice of non-renewal to the other party at least ninety (90) days prior to the expiration of the then- existing term, in which event, this Agreement will terminate upon the expiration of the then- existing term. 8.2 Termination. This Agreement may be terminated as otherwise provided in this Agreement or as follows: (a) Termination by Agreement. In the event that each of the parties mutually agrees in writing, this Agreement may be tenninated on the terms and date stipulated therein. (b) Tennination by Cancellation. This Agreement may be cancelled without cause by either party upon one-hundred eighty (180) days prior written notice in accordance with Section 11.3 of this Agreement. (c) Termination for Default. In the event either party shall give notice to the other that such other party has materially defaulted in the performance of any of its material obligations hereunder and such default shall not have been cured within thirty (30) days following the giving of such notice in writing, the party giving the notice shall have the right immediately to terminate this Agreement, provided, however, that the cure period shall be limited to ten 11 ...., '" (10) days if the default is failure by the Sheriff to timely make any payments due to PHS hereunder. (d) Annual Appropriations and Funding. Failure of the governing body of the Sheriff to authorize or appropriate funds sufficient for the Sheriff to meet his obligations hereunder. 8.3 Responsibility for Inmate Health Care. Upon termination of this Agreement, all responsibility for providing health care services to all inmates, including inmates receiving health care services at sites outside the Facility, will be transferred from PHS to the Sheriff. ARTICLE IX: COMPENSATION 9.1 Base Compensation. The Sheriff will pay to PHS the base price sum of One Million Six Hundred Fifty-Four Thousand Seven Hundred Twenty-Eight and 00/100 Dollars ($1,654,728.00) for the first twelve months of this Agreement for the daily average base inmate population of 850, payable in twelve (12) equal monthly installments of One Hundred Thirty Seven Thousand Eight Hundred Ninety-Four and 00/1 00 Dollars ($137,894.00) each. PHS will invoice the Sheriff fifteen (15) days before the first day of the month for which services will be rendered The Sheriff agrees to pay PHS on or before the fifteenth (15th) day of the month for which services will be rendered. In the event this Agreement should terminate or be amended on a date other than the end of any calendar month, compensation to PHS will be prorated accordingly for the shortened month. For the Second year of this Agreement, the Sheriff will pay PHS the sum of One Million Seven Hundred Twenty-One Thousand One Hundred Fifty-Seven and 00/1 00 Dollars ($1,721,157.00) for a daily average population of 875, payable in twelve (12) equal monthly installments of One Hundred Forty-Three Thousand Four Hundred Thirty and 00/100 Dollars ($143,430.00) each. PHS will bill the Sheriff fifteen (15) days before the first day of the month for which services will be rendered and the Sheriff agrees to pay PHS on or before the fifteenth (15th) day of the month for which services will be rendered. In the event this Agreement should terminate or be amended on a date other than the end of a calendar month, compensation will be prorated accordingly based on the fractional portion of the month during which PHS actually provided services. For the Third year of this Agreement, the Sheriff will pay PHS the sum of One Million Seven Hundred Eighty-Eight Thousand Five Hundred Six and 00/1 00 Dollars ($1,788,506.00) for a daily average population of 900, payable in twelve (12) equal monthly installments of One Hundred Forty Nine Thousand Forty two and 00/100 Dollars ($149,042.00) each. PHS will bill the Sheriff fifteen (15) days before the first day of the month for which services will be rendered and the Sheriff agrees to pay PHS on or before the fifteenth (15th) day of the month for which services will be rendered. In the event this Agreement should terminate or be amended on a date other than the end of a calendar month, compensation will be prorated accordingly based on the fractional portion of the month during which PHS actually provided services. 12 ..." '-' 9.2 Increases in Inmate Population. For the First year of this Agreement, a per diem rate of $1.60 will be applied to the monthly base compensation for each inmate in excess of the Average Monthly base population (beyond a 24-hour period) of 850. For the Second year of this Agreement, a per diem rate of $1.65 will be applied to the monthly base compensation for each inmate in excess of the Average Monthly base population (beyond a 24-hour period) of 875. For the Third year of this Agreement, a per diem rate of S 1.70 will be applied to the monthly base compensation for each inmate in excess of the Average Monthly base population (beyond a 24-hour period) of 900. The average daily inmate resident population shall be calculated by adding the population or head còunt totals taken during the day and dividing by the number of counts taken to determine the average daily population. The average daily population counts are added for each day of the month and divided by the number of days in the month to determine the average monthly inmate population. The excess, if any, over the inmate population caps will be multiplied by the per diem rate and the number of days in the month to arrive at the increase in compensation payable to PHS for the month. For example, if there is an excess above the monthly inmate cap of five (5) inmates as the monthly average at the end of the month, then PHS shall receive additional compensation of five (5) times the number of days in the month times the per diem rate for the contract year. If in the month of August (31 days) the average monthly population is five (5) inmates above the base and the per diem rate is $1.60, then the additional compensation payable to PHS is 5 X 31 X $1.60 = $248.00. This per diem is intended to cover additional costs in those instances where minor, short- term increases in the inmate population result in the higher utilization of routine supplies and services. However, the per diem is not intended to provide for any additional fixed costs, such as new staffing positions, which might prove necessary if the inmate population grows significantly and if the population increase is sustained. In such cases, PHS reserves the right to increase its staffing complement and adjust its contract price in order to continue to provide services to the increased number of inmates and maintain the quality of care. This v-lould be done with the full knowledge of the Sheriff and involved County offtcials, and following appropriate notification to the Sheriff/County. 9.3 Compensation for Renewal Terms. Pricing will be adjusted for the renewal terms based on the mutual written agreement of the Sheriff and PHS. 9.4 Penalty for Late Inmate History and Physical Examinations. The SLCSO will assess a fine of One Hundred Fifty and 00/1 00 Dollars ($150.00) for each Inmate History and Physical Examination not completed within the required fourteen (14) days of booking. This fille will not be assessed if PHS' staff do not have reasonable access to any inmate in order to complete the history or examination. 13 ""., '-' 9.5 Inmates from Other Jurisdictions. Medical care rendered within the Facility to inmates from other jurisdictions housed in the Facility pursuant to contracts between the County and such other jurisdictions will be the responsibility of PHS, as limited by Section 1.7. Medical care that cannot be rendered in the Facility will be arranged by PHS, but PHS shall have no [mancial responsibility for such services. 9.6 Responsibility for \Vork Release Inmates. Nonvithstanding any other provisions of this Agreement to the contrary, both parties agree that County inmates assigned to Work Release are personally responsible for the costs of any medical services provided to them. PHS may assist with arranging the necessary transportation for Work Release inmates to obtain medical care. 9.7 Changes in the Law. If any statute, rule or regulation is passed or any order issued or any statute or guideline adopted materially increasing the cost to PHS of providing health care services hereunder, PHS and the Sheriff will agree on additional compensation to be paid by the Sheriff to PHS as a result of such changes, provided, however, that if the parties are unable to agree on appropriate compensation, the matter shall be submitted to arbitration according to the provisions of Section 11.7 hereof. ARTICLE X: LIABILITY AND RISK l\'lANAGEM:ENT 10.1 Insurance. At all times during this Agreement, PHS shall maintain Professional Liability insurance covering PHS, its employees, its officers and agents in the minimum amount of at least one million dollars ($1,000,000) per occurrence and three million dollars ($3,000,000) in the aggregate annually. Physicians and dentists provided by PHS will be included in the coverage. In the event that the coverage changes, PHS shall notify the Sheriff in writing. PHS shall also notify the County or the Sheriff, in writing, of any reduction in policy amounts or cancellation of msurance coverage. PHS will maintain over the tenn of this Agreement, Comprehensive General Liability coverage of at least $1,000,000 bodily injury and property damage, combined single limit. PHS will maintain over the tenn of this Agreement a minimum coverage of $300,000 bodily injury and property damage combined single limit for Autos owned by PHS. PHS will maintain over the tenn of this Agreement, Worker's Compensation Insurance for all of its employees connected with the work of this Agreement and in any case of subcontracting, will require that the subcontractor has sufficient coverage as well. Such insurance will comply fully with the Florida Worker's Compensation Law. 10.2 Lawsuits Against the Sheriff or County. In the event that any lawsuit (whether frivolous or otherwise) is [¡led against either the Sheriff, his employees or against the County, its elected offtcials, employees and agents based on or containing allegations concerning medical care of inmates or on the performance of PHS's employees, agents, subcontractors or assignees, the parties agree that PHS, its employees, agents, subcontractors, assignees or independent contractors, as the case may be, may be joined as parties defendant in any such lawsuit and shall be responsible for their own defense and any judgments rendered against them. Nothing herein shall prohibit any 14 ...., '-' of the parties to this Agreement from joining the remaining parties hereto as defendants in lawsuits filed by third parties. 10.3 Indemnity. PHS agrees to indemnify and hold hannless the Sheriff and St. Lucie County, their officers, appointees, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect, omission or failure to act by PHS, including but not limited to, any claims, amounts or injuries covered under the Workers' Compensation laws, except as a third party claim outside Workers' Compensation, resulting or arising from PHS' obligations and duties under this Agreement, except that neither PHS nor any of its subcontractors shall be liable for any injury or damage directly caused by or resulting from the sole negligence of the Sheriff, his offtcers, agents and employees. In no event however, shall PHS' obligations in this section apply or extend to: a) any claim, liability, cost or expenses arising or incurred at any time in connection with treatment of any inmate's injury if such treatment occurred prior to the inmate's incarceration by the Sheriff or while the inmate was outside the Sheriff's custody and not under the care of PHS pursuant to this Agreement; or b) any claim, liability or cost ansmg out of the acts or omlSSlOns of any Sheriff's officers, agents or employees which: prevent an inmate from receiving medical care as directed by PHS; prevent an inmate through the failure to exercise good judgement, to obtain prompt medical review or examination by PHS' employees or contractors; or which amount to willful misconduct. Nothing herein is intended to or shall be construed to waive any rights the Sheriff may have under the laws of Florida, included but not limited to, the provisions of Section 768.28 of the Florida Statutes. 10.4 Limitation of Liability. The parties to this Agreement both acknowledge that PHS is providing the services contemplated hereunder as a legal entity primarily acting on behalf of the Sheriff of St. Lucie County, consequently, any and all statutory, common law or legislative limitations on the liability of instrumentality's of the Sheriff of St. Lucie County are applicable to PHS and its health care providers. ARTICLE XI: MISCELLANEOUS 11.1 Independent Contractor Status. The parties ackno\vledge that PHS is an independent contractor. Nothing in this Agreement is intended nor shall be construed to create an agency relationship, an employer/employee relationship, a joint venture relationship or any other relationship allowing the Sheriff to exercise control or direction over the manner or method by which PHS or its subcontractors perform hereunder. 15 '-' ..., 11.2 Assignment and Subcontracting. PHS shall not assign this Agreement to any other corporation without the express written consent of the Sheriff, which consent shall not be unreasonably withheld. Any such assignment or subcontract shall include the obligations contained in this Agreement Any assignment or subcontract shall not relieve PHS of its independent obligation to provide the services and be bound by the requirements of this Agreement The Sheriff and PHS each binds itself, its successors, assigns and legal representatives to the other party hereto and to the successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained herein. 11.3 Notice. Unless otherwise provided herein, all notices or other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally in hand or sent by certifted mail, return receipt requested, postage prepaid, and addressed to the appropriate party at the following address or to any other person at any other address as may be designated in writing by the parties: (a) Sheriff Robert C. "Bobby" Knowles: Sheriff of St Lucie County 4700 W. Midway Road Ft Pierce, FL 34981 (b) PHS Gerard Boyle, President Prison Health Services, Inc. 105 Westpark Drive, Suite 300 Brentwood, Tennessee 37027 With a copy to: General Counsel America Service Group Inc. 105 West Park Drive, Suite 300 Brennvood, Tennessee 37027 Notices shall be effective upon receipt 11.4 Governing Law. This Agreement and the rights and obligations of the parties hereto shall be governed by, and construed according to, the laws of the State of Florida, except as speciftcal1y noted. 11.5 Entire Agreement. This Agreement constitutes the entire agreement of the parties and is intended as a complete and exclusive statement of the promises, representations, negotiations, discussions and agreements that have been made in connection with the subject matter hereof. No modiftcations or amendments to this Agreement shall be binding upon the parties unless the same is in writing and signed by the respective parties hereto. All prior negotiations, agreements and understandings with respect to the subject matter of this Agreement are superseded hereby. 16 '-' ...,' 11.6 Amendment. This Agreement may be amended or revised only In writing and signed by all parties. 11.7 Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and judgement on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof 11.8 Waiver of Breach. The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to be, a waiver of any subsequent breach of the same or other provision hereof 11.9 Enforcement. In the event either party incurs legal expenses or costs to enforce the terms of this Agreement, the prevailing party in any arbitration proceeding hereunder shall be entitled to recover the cost of such action so incurred, including without limitation, reasonable attorney's fees. 11.10 Other Contracts and Third-Party Beneficiaries. The parties agree that the Sheriff shall take all reasonable steps necessary to insure availability of third party reimbursement such as Medicaid and Medicare. The parties agree that they have not entered into this Agreement for the benefit of any third person or persons, and it is their express intention that the Agreement is intended to be for their respective benefit only and not for the benefit of others who might otherwise be deemed to constitute third-party beneficiaries hereof. 11.11 Severability. In the event any provision of this Agreement is held to be unenforceable for any reason, the unenforceability thereof shall not affect the remainder of the Agreement, which shall remain in full force and effect and enforceable in accordance with its terms. 11.12 Force Majeure. Neither party shall be held responsible for any delay or failure in performance (other than payment obligations) to the extent that such delay or failure is caused, without limitation, by strikes, inmate disturbances, acts of public enemy, fire, flood, earthquakes, hurricanes, failure of transportation, explosion, war, embargo, government regulation, civil or military authority, acts of God, acts or omissions of carriers or other similar causes beyond its controL 11.13 Trial Duty. In the event PHS' personnel are required to devote time with regard to litigation or threatened litigation by or on behalf of County this shall be part of their service time pursuant to this agreement. County shall be responsible for reasonable costs of substitute personnel to fIll positions, which would be vacant due to such court or trial appearance requirements. 11.14 Default. Unless PHS' performance is specifically exempted by this Agreement, Sheriff shall be entitled to a credit for any cost the Sheriff incurs for any medical services required to be performed by PHS when and to the extent that PHS shall fail to perform and a thirty (30) day cure period has passed. 17 '- ...., 11.15 Funding Sources. Both parties acknowledge that performance of this Agreement and payment for medical service to PHS pursuant to this Agreement is predicated on the continued annual appropriations by the Board of County Commissioners of St. Lucie County to the Sheriff of St. Lucie County with specific funds allocated to meet the medical needs of the inmates in the SLCSO correctional system and the Sheriffs ability to perform under this Agreement. 11.16 Permits and License. PHS acknowledges that it will maintain all relevant permits and licenses required to perform the services required by this Agreement. This will include, but not be limited to licenses and permits for radiology and pharmacy. 11.17 Opinion of Counsel. This Agreement is contingent upon issuance of a legal opinion by counsel for the Sheriff substantially in form and content as set forth below. 11.18 Effect of This Agreement. This Agreement constitutes the complete understanding between the parties with respect to the tenns and conditions set forth herein and supersede all previous written or oral agreements and representations. The terms and conditions of this Agreement shall control over any terms and conditions in any solicitation, request for proposal, proposal, purchase order, acknowledgment, or other \\Titten form. This Agreement may be modified only in writing that expressly references this Agreement and is executed by both of the parties hereto. 11.19 Liaison. The Sheriff or his designee (so designated in writing by the Sheriff) shall be the liaison with PHS. 11.20 Authority. Each party hereto expressly represents and warrants that the person executing this Agreement is the legal, valid and binding representative of each party. IN WITNESS WHEREOF, the parties have executed this Agreement III their official capacities with legal authority to do so. :)to LL òr Robert C. "Bobby" Knowles Date: 10/;5/1-- ^^"" ::SO~V1CES' me. Qé'rard F. Boy , resident Date: / û - S- ~ (J 0 ATTO/F Date Iff?-- ATTI\ST: : By /\\~~ Offi~ Corporation Date: 10 \5 )êi0 9/12/00/st.lucie.Final 18 .. '-' .....,¡ ITEM NO. C -9G DATE: 5/25/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker, Purchasinq Director SUBJECT: Bid #04-051 - Purchase of One Vibratory Soil Compactor with Smooth Drum BACKGROUND: On May 12, 2004, Bid #04-051 was opened for the Purchase of One Vibratory Soil Compactor with Smooth Drum for the Road & Bridge Division. Three hundred and forty-two (342) vendors were notified, nineteen (19) bid documents were distributed and six (6) responses were received. The alternate bid from Briggs Equipment does not meet specifications. Staff recommends award to the lowest responsive and responsible bidder, GS Equipment for $65,350.00, FUNDS AVAILABLE: Account No. 101-4108-564000-400 - Machinery & Equipment PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends award of Bid #04-051 - Purchase of One Vibratory Soil Compactor with Smooth Drum to the lowest responsive and responsible bidder, GS Equipment for $65,350.00 aAd approv31 of equipment requ8st EQ04 160., COMMISSION ACTION: NCE: (X APPROVED () DENIED ( ) OTHER Approved 4-0 (Comm. Lewis Absent) G ANDERSON COUNTY ADMINISTRATOR Coord i nation/Si~ natures County Attorney (X) Originating Dept. ( ) Cnti'.. . l j ì ~./ Mgt. & Budget (X) ~ Other ( ) Purchasing (X) ,4;1;-) Other ( ) Finance: (check for copy, only if applicable)_ .. , J''' ... ~ ...,J Page 1 of 1 Edward Parker - RFP for River Boat Tours From: To: Date: Subject: cc: Linda Brown Parker, Edward 5/13/2004 8:36 AM RFP for River Boat Tours Patti Raffensberger; Peter Keogh; Simberlund, Melissa _ ....,.. _._~____.... _.____ ______.______.__ _...__~_..'___.,__._._." __.,,_ _._..._"._._ ___.,_._.____~_ __._._.__ _. _M. .________._ ... -..---.--_._._"0.___._-·".--.--.-----··-·----·-------_______ Mr. Parker, Green Seas contract expiers October 17, 2004. Parks & Recreation staff is requesting that an agenda be presented to the BOCC permitting us to go out for RFP. The original RFP # was 00-069. We can probably use that format again. Thank you. LB fi1e://C: \Documents%20and%20Settings\ParkerE\Loca1%20Settings\ Temp\GW} 0000 1.HT... 5/13/2004 " ( /7 """< '-" ..."J o Back 0@ .~;J . I 5 h ..JL, F <t /,,-: earc ~.{ avor! es ~ Media €J f"\ 1iiI" ~~ h._~ Aç!dress I ~ http://l0.5.0.69/purchasing/contr acts/ admin/index. asp ~_..__...-.-..._. ....-....-...... ..-.-- -.-.. --- Ed No ,,I Description: Av·,ard Lettet· Sent: ___..vJ m Go I Update I Contr,~ct Number: COO-10-042 2nd A'~enda Number: Vendot- Name: Green Seas Envirmental Organization International, BOCC Appro'·....~I: Inc. Amendment (:;eneral Li.~bilit'l: N/A N/A N/A N/A T~,'pe of Contract: Contract Amount: Auto Liability: Department: Parks & Recreation 'vVorkers' Comp: 2nd Amendment to extend the terms and conditions p nf- -~. - -I L - blh' of the contract r - t::>_IUnd Id I 1_\ ' Term Status: Fully Executed Status Date Link To Contract: No link to the contract available 1 year 06/04/2003 Description: Terrn/Lirnited: Contract Terms: Effective Date: 10/18/2003 TetTnination Date: Bid No ,./Description: A....·¡at-d Letter Sent: 10/17/2004 Thursday, May 13, 2004 02:54 PM " ~ -'- '- ~ Page 1 of2 Edward Parker - Re: Award of Bid #04-051 Vibratory Compactor From: To: Date: Subject: CC: Dewey Hudman Edward Parker 5/17/20042:08 PM Re: Award of Bid #04-051 Vibratory Compactor Donald Pauley; Scott Herring --.--. ---_..._--_..-_._-~----_..__._._-_._._-_.__._" ---_..._._._...._---_._-~-----.-.._._-----_._--_.~---~---"------------,-.----... _.__._--~------_._-----_..-------~---------,-----_.._- After reviewing their Alternate bid, we found it does not meet the minimum specifications bid. First, they do not meet our minimum specifications with the Steering. This equipment had a limit of 33 degrees and our minimum was 35 degrees. This increases the turning radius required and makes it not as efficient in our field work. Second, the equipment sheet spec. they sent in shows a maximum design Centrifugal force for the low setting of 35,500 Ibs. Our addendum lowered the force from 38,000 to 36,000. Therefore, they do not meet this revised number. Third, the equipment sheet spec. shows a maximum Centrifugal force for the high setting of 47,475 Ibs. Our minimum high setting was 50,000 Ibs. (In their bid package, there was a letter from the manufacturer stating that adjustments could be made to raise the preset designed output of this equipment to meet our minimums.) After we compared their two machines, it is apparant that the alternate bid was for a smaller machine that they want to increase their settings above the design specs to make the compaction force meet our minimum. It appears this equipment was not designed for that type of force. We are concerned with wear and tear causing an increased maintenance and shortening the life of the compactor. Therefore, we recommend going with the lowest bidder to meet our specs, GS Equipment Inc., for $65,350.00. Dewey »> Edward Parker 5/13/2004 1:51:18 PM »> Dewey, please provide the justification for why the alternate bid from Briggs Equipment is not acceptable. »> Dewey Hudman 5/13/2004 1:33:42 PM »> Hi Ed. We have reviewed all of the bids submitted for this equipment. The Road & Bridge Staff have recommended that we award this bid to GS Equipment Inc, the lowest bidder to meet all specifications in the amount of $65,350.00. Funds are available in 101-4108-564000-400. EQ04-160 is the approved equipment request. Please agenda this for the next available Board meeting. If you have any questions, please let me know. Thanks file://C:\Documents%20and%20Settings\ParkerE\Local%20Settings\Temp\GW} 0000 1.HT... 5/17/2004 '"..~ ..~ "- BOARD OF COUNTY COMMISSIONERS OJ Y PURCHASING DEPARTMENT ED PARKER, DIRECTOR TABULATION SHEET - BID #04-051 PURCHASE OF ONE VIBRATORY SOIL COMPACTOR WITH SMOOTH DRUM ROAD & BRIDGE - PUBLIC WORKS OPENED: MAY 12, 2004 VENDOR BASE BID ALTERNATE BID GS EQUIPMENT INC. DAVIE, FL $ 65,350.00 FAX: 954-327-8646 FLORIDA TRACTOR & EQUIPMENT INC. $ 67,800.00 COCOA, FL FAX: 321-631-9604 MR. LIFT TRUCK, INC. $67,950.00 MIAMI, FL FAX: 305-238-7122 NORTRAX EQUIPMENT COMPANY $ 69,806.52 WEST PALM BEACH, FL FAX: 561-848-7099 BRIGGS EQUIPMENT $ 70,875.00 $ 62,713.00 RIVIERA BEACH, FL FAX: 561-842-9546 WALKER MILLER EQUIPMENT $ 72,835.00 ORLANDO, FL FAX: 407-293-1726 NUMBER OF COMPANIES NOTIFIED*: 342 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 19 NUMBER OF BIDS RECEIVED: 6 ·per demandstar,com JOHN D. BRUHN, District NO.1 + DOUG COWARD, District NO.2 + PAULA A. LEWIS, District No.3 + FRANNIE HUTCHINSON, District No.4 + CLIFF BARNES, District NO.5 COUNTY ADMINISTRATOR - DOUGLAS M, ANDERSON 2300 VIRGINIA A VENUE + FORT PIERCE, FL 34982·5652 + (772)-462-1700 + FAX (772) 462·1294 , - .,.. ITEM ~ C- 9H DATE: 5/25/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasinq Department Ed Parker. Purchasinq Director SUBJECT: First Extension to the contracts with the firms listed on the attached Bid Award Form for Appraisal of County Parcels. BACKGROUND: On May 15, 2002 bids were opened for RFP #02-061 for a continuing Contract for Appraisal of County Parcels. On June 24, 2002 the Board of County Commissioners entered into a 2- year contract with two (1) one year renewals with the firms listed on the attached Bid Award Form. Staff is now requesting approval of the first extension to the contracts. FUNDS AVAILABLE: PREVIOUS ACTION: On June 24,2002 the Board of County Commissioners entered into a contract with the firms listed on the attached Bid Award Form. RECOMMENDATION: Staff recommends approval of the first extension to the contracts with the firms listed on the attached Bid Award Form for Appraisal of County Parcels and authorization for the Chairman to sign the extensions as prepared by the County Attorney. .. []J APPROVED [] DENIED [ ] OTHER: Approved 4-0 (Camm. Lewis Absent) ~ COMMISSION ACTION: u Anderson County Administrator Coordi nation/SiQnatures County Attorney:(X) Jd//' Mgt. & Budget ( ) Purchasing Mgr.:(X) 6/P Originating Dept:: Other: Other: Finance: (Check for Copy only, if Applicable) '-' '-" Page 1 of 1 .- Melissa Simberlund - Re: Contract Renewals From: To: Date: Subject: JoAnn Riley Simberlund, Melissa 4/1/200412:56 PM Re: Contract Renewals -_..._----~.".._-_._..__.^._--~-~---_._-_._---_.....-------_._-~~"-------- Yes, please. Thanks. »> Melissa Simberlund 3/30/2004 1:32:24 PM »> Joann: You have 4 Appraisal Service contracts that are set to expire on June 24, 2004. They are as follows: Boyle & Drake - C02-06-586 The Urban Group, Inc. - C02-06-572 Fuller-Armfield-Wagner - C02-06-569 Florida Property Consultants - C02-06-560 Do you want to exercise the first of the two one-year renewal options available? Please let me know and we will take care of it. Melissa Simberlund Contracts Coordinator Purchasing Department (772)462-1799 file ://C: \Documents%20and%20Settings\Administrator\Local %20Settings\ Temp \G W} 0000 1.HTM 4/2/2004 ~ ~ BID AWARD FORM RFP #: 02-061 - Appraisal of County Parcels Department: All S1. Lucie County Departments Term: Initial Term of two (2) years with one (1) additional one-year renewal option Effective Dates: June 25, 2002 - June 24. 2004 Contract C02-06-569 Fuller-Wagner-Armfield Appraisal & Research, Inc. 120 N. Second Street F1. Pierce, Florida 34950 Contract C02-06-586 Boyle & Drake, Inc. 888 Dahlia Lane Vero Beach, Florida 32963 Contract C02-06-572 The Urban Group, Inc. 1424 S. Andrews Avenue Suite 200 F1. Lauderdale, Florida 33316 Contract C02-06-560 Florida Property Consultants Group 1680 SW Bayshore Blvd. Suite 222 Port S1. Lucie, Florida 34984 5/18/0410:23 AM '-' ~ FIRST EXTENSION OF CONTRACT BETWEEN COUNTY AND BOYLE & DRAKE, INC. CONTRACT #C02-06-586 THIS FIRST EXTENSION, is made and entered into this day of , 2004, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and BOYLE & DRAKE, INC., (the "Appraiser"). WHEREAS, on June 25, 2002, the County and the Appraiser entered into a Agreement whereby the Appraiser agreed to provide professional appraisal services on as needed basis for St. Lucie County for an initial term until June 24, 2004 with the County's option to extend the term of the Contract for two additional terms of one year each thereafter; and WHEREAS, the County intends to exercise the first one-year option and extend the term of the Contract through and including June 24, 2005. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Contract, the term of the Contract is hereby extended through and including June 24, 2005 on the same terms and conditions of the original contract. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1 ~ WITNESSES: """ BOYLE & DRAKE, INC. Authorized Representative Print Name: Title: 2 \w; -.."II FIRST EXTENSION OF CONTRACT BETWEEN COUNTY AND FLORIDA PROPERTY CONSULTANTS GROUP CONTRACT #C02-06-560 THIS FIRST EXTENSION, is made and entered into this day of , 2004, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and FLORIDA PROPERTY CONSULTANTS GROUP, (the "Appraiser"). WHEREAS, on June 25, 2002, the County and the Appraiser entered into a Agreement whereby the Appraiser agreed to provide professional appraisal services on as needed basis for St. Lucie County for an initial term until June 24, 2004 with the County's option to extend the term of the Contract for two additional terms of one year each thereafter; and WHEREAS, the County intends to exercise the first one-year option and extend the term of the Contract through and including June 24, 2005. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Contract, the term of the Contract is hereby extended through and including June 24, 2005 on the same terms and conditions of the original contract. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1 '-' WITNESSES: "'" FLORIDA PROPERTY CONSULTANTS GROUP Authorized Representative Print Name: Title: 2 '-' '-' FIRST EXTENSION OF CONTRACT BETWEEN COUNTY AND FULLER-ARMFIELD-WAGNER APPRAISAL & RESEARCH, INC. CONTRACT #C02-06-569 THIS FIRST EXTENSION, is made and entered into this day of , 2004, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and FULLER-ARMFIELD-WAGNER APPRAISAL & RESEARCH, INC., (the "Appraiser"). WHEREAS, on June 25, 2002, the County and the Appraiser entered into a Agreement whereby the Appraiser agreed to provide professional appraisal services on as needed basis for St. Lucie County for an initial term until June 24, 2004 with the County's option to extend the term of the Contract for two additional terms of one year each thereafter; and WHEREAS, the County intends to exercise the first one-year option and extend the term of the Contract through and including June 24, 2005. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Contract, the term of the Contract is hereby extended through and including June 24, 2005 on the same terms and conditions of the original contract. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1 '" WITNESSES: ""'" FULLER-ARM FIELD-WAGNER APPRAISAL & RESEARCH, INC. Authorized Representative Print Name: Title: 2 - '" 'wI" FIRST EXTENSION OF CONTRACT BETWEEN COUNTY AND THE URBAN GROUP CONTRACT #C02-06-572 THIS FIRST EXTENSION, is made and entered into this day of , 2004, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and THE URBAN GROUP, (the "Appraiser"). WHEREAS, on June 25, 2002, the County and the Appraiser entered into a Agreement whereby the Appraiser agreed to provide professional appraisal services on as needed basis for St. Lucie County for an initial term until June 24, 2004 with the County's option to extend the term of the Contract for two additional terms of one year each thereafter; and WHEREAS, the County intends to exercise the first one-year option and extend the term of the Contract through and including June 24, 2005. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Contract, the term of the Contract is hereby extended through and including June 24, 2005 on the same terms and conditions of the original contract. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1 . . ~ " WITNESSES: - -- . .." THE URBAN GROUP Authorized Representative Print Name: Title: 2 .~ ...... , / ..." -- -- -' ITEM NO. C- 9I DATE: 5/25/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasinq Department Ed Parker. Purchasinq Director SUBJECT: First Extension to the contracts with the suppliers listed on the attached Bid Award Form for the Purchase of Herbicides, Pesticides, and Fertilizer. BACKGROUND: On March 20, 2002 bids were opened for Bid #02-040 for the Purchase of Herbicides, Pesticides and Fertilizer. On May 28, 2002 the Board of County Commissioners entered into a 2-year contract with two (1) one year renewals with the suppliers listed on the attached Bid Award Form. Staff is now requesting approval of the first extension to the contracts. FUNDS AVAILABLE: Funds will be made available from the various Department operating supplies accounts on an as-needed basis. PREVIOUS ACTION: On May 28,2002 the Board of County Commissioners entered into a contract with the suppliers listed on the attached Bid Award Form. RECOMMENDATION: Staff recommends approval of the first extension to the contracts with the suppliers listed on the attached Bid Award Form for the Purchase of Herbicides, Pesticides, and Fertilizer and authorization for the Chairman to sign the extensions as prepared by the County Attorney. Approved 4-0 (Corom. Lewis Absent) COMMISSION ACTION: IX! APPROVED [] DENIED [ ] OTHER: Coordination/Sianatures County Attorney:(X) Q1,,/'''''''- Va.. .__ Mgt. & Budget ( ) PO"''''';"' M,c.,{X) kI r Other: Originating Dept:: Other: Finance: (Check for Copy only, if Applicable) -- '-' '...I BID AWARD FORM Bid #: 02-040, Purchase of Pesticides, Herbicides, and Fertilizers Department: All S1. Lucie County Departments Term: Initial Term of 2 years with two (2) additional one-year renewal options Effective Dates: May 28,2002 - May 27.2004 Vendor Name/Contact Information Contract C02-05-507 Adapco, Inc. 2800 S. Financial Court Sanford, FL 32773-8118 Phone (800) 367-0659 Fax (407) 330-9888 Contract C02-05-503 Helena Chemical Co. (f.k.a. Lykes Agri Sales) 2101 E. Edgewood Drive Lakeland, FL 33803 Phone {863) 665-5800 Fax (863) 667-4651 Contract C02-05-500 Biko, Inc. P.O. Box 522 Hernando, FL 34442 Phone (352)527-8482 Fax (352) 527-8481 Contract C02-05-487 Diamond R Fertilizer 4100 Glades Road F1. Pierce, FL 34981 Phone (772) 201-5237 Fax (772)464-9308 Contract C02-05-508 Pro Source One Cell (239) 707-6141 7361 Commercial Circle F1. Pierce, FL 34951 Office (772) 466-6607 Fax (772) 466-8829 Contract C02-05-489 Helena Chemical Co. 2405 N. 71st Street Tampa, FL 33619 Phone (561)499-0486 Office (813) 626-5121 Fax (813) 664-8575 Contract C02-05-486 Golf Ventures, Inc. 2101 E. Edgewood Drive Lakeland, FL 33803 Phone (863)665-5800 Fax (863) 667-4651 ~ ....",,¡I FIRST EXTENSION OF AGREEMENT BETWEEN COUNTY AND ADAPCO, INC. CONTRACT #C02-05-507 THIS FIRST EXTENSION, is made and entered into this day of , 2004, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and ADAPCO, INC., (the "Supplier"). WHEREAS, on May 28, 2002, the County and the Supplier entered into a Purchase Agreement whereby the Supplier agreed to provide Herbicides, Pesticides and Fertilizers on as needed basis for St. Lucie County for an initial term until May 27, 2004 with the County's option to extend the term of the Agreement for two additional terms of one year each thereafter; and WHEREAS, the County intends to exercise the first one-year option and extend the term of the Agreement through and including May 27, 2005. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, the term of the Agreement is hereby extended through and including May 27, 2005 on the same terms and conditions of the original Agreement. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1 ~ WITNESSES: ADAPCO, INC. ....J Authorized Representative Print Name: Title: 2 "-' ...., FIRST EXTENSION OF AGREEMENT BETWEEN COUNTY AND BIKO, INC. CONTRACT #C02-05-500 THIS FIRST EXTENSION, is made and entered into this day of , 2004, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and BIKO, INC., (the "Supplier"). WHEREAS, on May 28, 2002, the County and the Supplier entered into a Purchase Agreement whereby the Supplier agreed to provide Herbicides, Pesticides and Fertilizers on as needed basis for St. Lucie County for an initial term until May 27, 2004 with the County's option to extend the term of the Agreement for two additional terms of one year each thereafter; and WHEREAS, the County intends to exercise the first one-year option and extend the term of the Agreement through and including May 27, 2005. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, the term of the Agreement is hereby extended through and including May 27, 2005 on the same terms and conditions of the original Agreement. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1 ~ WITNESSES: ADAPCO, INC. .....,,1 Authorized Representative Print Name: Title: 2 ~ .-../ FIRST EXTENSION OF AGREEMENT BETWEEN COUNTY AND DIAMOND R FERTILIZER CONTRACT #C02-05-487 THIS FIRST EXTENSION, is made and entered into this day of , 2004, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and DIAMOND R FERTILIZER, (the "Supplier"). WHEREAS, on May 28, 2002, the County and the Supplier entered into a Purchase Agreement whereby the Supplier agreed to provide Herbicides, Pesticides and Fertilizers on as needed basis for St. Lucie County for an initial term until May 27, 2004 with the County's option to extend the term of the Agreement for two additional terms of one year each thereafter; and WHEREAS, the County intends to exercise the first one-year option and extend the term of the Agreement through and including May 27,2005. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, the term of the Agreement is hereby extended through and including May 27, 2005 on the same terms and conditions of the original Agreement. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS S1. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1 ~ WITNESSES: >..",I ADAPCO, INC. Authorized Representative Print Name: Title: 2 "--' '--' FIRST EXTENSION OF AGREEMENT BETWEEN COUNTY AND HELENA CHEMICAL CO. CONTRACT #C02-05-489 THIS FIRST EXTENSION, is made and entered into this day of , 2004, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and HELENA CHEMICAL CO., (the "Supplier"). WHEREAS, on May 28, 2002, the County and the Supplier entered into a Purchase Agreement whereby the Supplier agreed to provide Herbicides, Pesticides and Fertilizers on as needed basis for St. Lucie County for an initial term until May 27, 2004 with the County's option to extend the term of the Agreement for two additional terms of one year each thereafter; and WHEREAS, the County intends to exercise the first one-year option and extend the term of the Agreement through and including May 27,2005. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, the term of the Agreement is hereby extended through and including May 27, 2005 on the same terms and conditions of the original Agreement. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1 "-" WITNESSES: ADAPCO, INC. ..,.¡ Authorized Representative Print Name: Title: 2 \...t -..J FIRST EXTENSION OF AGREEMENT BETWEEN COUNTY AND GOLF VENTURES, INC. CONTRACT #C02-05-486 THIS FIRST EXTENSION, is made and entered into this day of , 2004, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and GOLF VENTURES, INC., (the "Supplier"). WHEREAS, on May 28, 2002, the County and the Supplier entered into a Purchase Agreement whereby the Supplier agreed to provide Herbicides, Pesticides and Fertilizers on as needed basis for St. Lucie County for an initial term until May 27, 2004 with the County's option to extend the term of the Agreement for two additional terms of one year each thereafter; and WHEREAS, the County intends to exercise the first one-year option and extend the term of the Agreement through and including May 27, 2005. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, the term of the Agreement is hereby extended through and including May 27, 2005 on the same terms and conditions of the original Agreement. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1 '-- WITNESSES: ADAPCQ, INC. ...,¡ Authorized Representative Print Name: Title: 2 -- ~ FIRST EXTENSION OF AGREEMENT BETWEEN COUNTY AND HELENA CHEMICAL CO. CONTRACT #C02-05-503 THIS FIRST EXTENSION, is made and entered into this day of , 2004, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and HELENA CHEMICAL CO., (the "Supplier"). WHEREAS, on May 28, 2002, the County and the Supplier entered into a Purchase Agreement whereby the Supplier agreed to provide Herbicides, Pesticides and Fertilizers on as needed basis for St. Lucie County for an initial term until May 27, 2004 with the County's option to extend the term of the Agreement for two additional terms of one year each thereafter; and WHEREAS, the County intends to exercise the first one-year option and extend the term of the Agreement through and including May 27,2005. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, the term of the Agreement is hereby extended through and including May 27, 2005 on the same terms and conditions of the original Agreement. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1 ~ .." WITNESSES: ADAPCO, INC. Authorized Representative Print Name: Title: 2 ~ .",., FIRST EXTENSION OF AGREEMENT BETWEEN COUNTY AND PRO SOURCE ONE CONTRACT #C02-0S-S08 THIS FIRST EXTENSION, is made and entered into this day of , 2004, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and PRO SOURCE ONE, (the "Supplier"). WHEREAS, on May 28, 2002, the County and the Supplier entered into a Purchase Agreement whereby the Supplier agreed to provide Herbicides, Pesticides and Fertilizers on as needed basis for St. Lucie County for an initial term until May 27, 2004 with the County's option to extend the term of the Agreement for two additional terms of one year each thereafter; and WHEREAS, the County intends to exercise the first one-year option and extend the term of the Agreement through and including May 27, 2005. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, the term of the Agreement is hereby extended through and including May 27, 2005 on the same terms and conditions of the original Agreement. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1 ~ ."", WITNESSES: ADAPCQ, INC. Authorized Representative Print Name: Title: 2 - \/ ~ ....I ITEM NO. C- 9J DATE: 5/25/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker. Purchasinq Director SUBJECT: Award Bid #04-026 Media Equipment for TV Studio BACKGROUND: On April 6, 2004, the Board of County Commissioners awarded Bid #04-026 to the low bidder B & H Photo Video - $53,323.50 (See attached copy of agenda reqùest). The bid award recommendation from the Media Relations, Technical Operation Manager was $56,323.50 (See attached memo). Staff is requesting permission to correct the typographical error and change the award amount of the low bidder, B& H Photo Video, to $56,323.50. FUNDS AVAILABLE: Account #001-1225-564000-100 - Equipment PREVIOUS ACTION: N/A RECOMMENDATION: Staff is requesting permission to correct the typographical error and change the award amount of the low bidder, B& H Photo Video, to $56,323.50 COMMISSION ACTION: (~ APPROVED ( ) OTHER ( ) DENIED Approved 4-0 (Comm. Lewis Absent) Coord i nation/Sianatures County Attorney ( X ) lft Mgt. & Budget ( ) ~ Other ( ) Purchasing (X) Gf-l Originating Dept. ( ) Other ( ) Finance: (check for copy, only if applicable) _ . ~~';iS?i~:Ji;F~'F~~:r-~~.~~~~::"':¡;~·~:=~=:=~~~=-=~_~=~==--~-: .,.-.- . ----.------... . .~='C'77..-.,:-."c..,.."......, ."'_-"'_.--" -' n. " '-- -.;." ;/"" '~."'. / ITEM NO. C-5e DATE; 416104 AGENDA REQUEST REGULAR -( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Ed Parker, Purchasinq Director SUBJECT: Award Bid #04-026 Media Equipment for TV Studio BACKGROUND: On March 4,2004, Bid #04-026 was opened for Media Equipment for TV Studio. Five hundred and thirty-one (531) vendors were notified, forty-six (46) bid documents were distributed and six (6) responses were received. Staff recommends spJit award to the lowest bidders for the following amounts. B & H Photo Video - $53,323.50, Digital Video Systems - $2,60.6.61 and Encore Broadcast Equipment Sales - $8,895.00, see attached for equipment breakdown. . FUNDS AVAILABLE: Account #001-1225-564000-1 00 - Equipment PREVIOUS ACTION: N1A RECOMMENDATION: Staff recommends award of Bid #04-026 Media Equipment for TV Studio to the lowest bidders, B & H Photo Video - $53,323.50, Digital Video Systems - $2,606.61 and Encore' Broadcast Equipment Sa1es - $8,895.00. Approyed 5-0 CE: COMMISSION ACTION: 00 APPROVED ( ) OTHER ( ) DENIED D ANDERSON COUNTY ADMINISTRATOR Coordination/Siqn a tures County Attorney ( X ) J~ Mgt. & Budget ( ).Jwr' /t;J;nr¡ Purchasing (X~ d ¡1 Other ( ) Other ( ) Originating Dept. ( ) Finance: (check for copy, only if applicable)_ -.. - - --- -- - - -- -- - -----_.-- '-" ...I BID FORM All bids must be submitted in a sealed envelope addressed to the St. Lucie County Purchasing Director, 2300 Virginia Avenue, Room 228, Fort Pierce, Florida 34982, plainly marked on the outside with bid number, date and time of bid opening. BID # 04-026 TITLE I, r'-r)tt; Fr(?f~L- REPRESENTING and/or Corporation, agree to perform, for the unit price of: g --fJ/ t;/ ¿rb Uø~~pany as specified and described herein 1. SEE ATTACHMENT "A" Bid Obligation It is understood that this Bidder is bound by the bidding documents and that the bid may not be withdrawn during a period of 60 days after bid opening. . The Board of County Commissioners and reserves the right to waive any informalities or minor irregularities, reject any and all bids which are incomplete, conditional, obscure, or which contàin additions not allowed for, accept or reject any bid in whole or in part with or without cause, and accept the bid which best serves the County. ---- NAME OF B'IDDER: :. ··BtI·Õ' . : \ , ¡ 0 ; 420 9th Ave. NY, NY 10001 Tel. 212-239-7503 / 800-947-8003 Fax 212-239-7740 / 800-858-5517 E-mail: mosesa@bhphotovideo.com Moses Appel - Bid Officer ADDRESS: ¡!BEll PHONE: fU <~~ Federal ID: 13-2768071 Duns #11601-2659 SIGNED BY: TITLE: DATE: 1----!--OY St. Lucie County Bid #04-026 Equipment for T.V, Studio 15 '-" ....I EXHIBIT A Equipment for T.V.. Studio Qty. Model # Description CO,ât A \ ì-- (""- ~\ --f- 6 ~ P\ 2 JVC GY-DV550U Cameras Professional Yo" DV Camcorder with 26 pin Studio Pack Interface. Includes RM-P210U Multicore CCU, VF-P400U Monochrome Studio Viewfinder, HZ-ZS13U Rear Servo Zoom Controller, HZ-FM15U Rear Manual Focus Controller, SA-K400 Viewfinder Mounting Bracket, KA-510U Tripod Adapter Plate, Porta Brace CTC I C 1 $ ,i7\,,0)?Q- -3 Trave er ase, Fujinon 4x7.3 Lens t':;:' () . ---- 'îo11 ~ ( Professional Yo" DV Camcorder w/26-PIN connection ~9 0 ~ - qqfY~\\.(f JVC GY-DV550U Camera and Canon 19X6.7 Lens, RM-P210U Multicore CCU $ I I lOX 400 Battery Charger NP type with BP-90 Connections $ "?'7<>- . "] 70·- 3 lOX CA-4XLR 10' 4-pin XLR(M) to 4-pin XLR(F) power cable $ ,1S- (0- 6 lOX NP-H50DX NiMh Battery Pack with LED Indicator. 13.2v/50watt $ 11- S'Pi- 2 JVC BR-DV300QU VTR Professional DV Recorder with RS-422 Control. NTSC $ t 41-1- :t-¡ß Y <¿ - 2 Marshall V-R43P LCD Monitors 4" Triple LCD Monitors. NTSC $ qŠ'O - \ ~ tï~- , Marshall V-R25P LCD Monitors 2.5" Ten LCD Monitors. NTSC $ '1.- 50-0 - L,Ç"'O- ., 4 JVC AV-32FA44 TV/Monitor JVC 32" Flat TV/Monitor $ t.i'b '6- d0- I 4 JVC TM-910SU w/ rack mounts JVC 9" Broadcast Color Monitors w/ rack mounts. $(,1Î'J.... ,J ''1.,'1 n.., --- ~4 2 JVC TM-H1700GU w/ rack mnts. JVC 17" Broadcast Color Monitors w/ rack mounts. $ ¡ \I~ ll.{1.-1-- \ -, 50' 26-PIN Cables to go from JVC Cameras(GY- :2\ 50' 26-PIN cables DV550U) to CCU Units (RM-P21 OU Multicore CCU) \ b,l(- '1.1-~g- '--, (RM-P210U Multicore CCU). $ r I 100' 26-PIN Cables to go from JVC Camera(GY- r 100' 26-PIN cables DV550U) to CCU Unit (RM-P210U Multicore CCU) L o9K- 'î D 71- (RM-P210U Multicore CCU). $ I I '-' ....I Equipment for T.V. Studio, Continued Qty. Model # Description Cost,.. ~ ItJí,4!-- t Ac 2 DPS-235D DPS Dual TBC Frame Sync $ 'l7~'1- s: 91r.t. - I /}.-,- 11-1:': Compuvideo SVR-11 OOb Compuvideo WaveformNectorscope with Rackmount $ {(PI£.- '.,IQ ./ -- Lastolite Chroma Key Lastolite Chroma Key Background 10' X 12'-GREEN $ 1 { ç:-. [I~-- Knox RS-1616CB Knox Video/Audio Routing Switcher $ -~ ?,'?~- '3 ~ 11-- / DBX 166XL Audio Limiter $ 11'ð- { 1<6- Belden BL-1505A 1000ft. RG59/20 Coaxial Video Cable $ ~'O ì,:PD M~~'Ì... .1'\' -- -. Belden 1000ft. Audio Cable $ ~O"""D 9":'" . [}! 150 Kings BNC Connectors 2065-2-9 BNC Connectors $ ¡-\~D SiD 25 Switchcraft A3M Switch craft XLR Connectors (Male) $ t. 11 Y1t'7Ç 25 Switchcraft A3F Switch craft XLR Connectors (Female) $ 1.,,(b 51,75 ID-PRO ID-Pro printer, battery pack, Charger & wrist/belt cord. Also, 250 labels(WML-311-292) $ \:,,0, ~:D" 1'~·' r£J3~ Jimmy Jib Lite Jib Lite (6' 12' and 18ft with remote head for canon lenses) 240V, Transformer (120 volt spare), F:uji Gears, Fugi 12 PinAdapter Cable, Jimmy Jib Heavy Duty Tripod (with Safety Clamps), Stanton Dolly Frame, Off Road Kit, Dolly Stabilizers, Leverer ...·...0. -::'.~J\ ~ ".. ¡.... -... u _.;." '\,,\ ~"":D' ,.., j . ..1 ;'d\~ ~~-,. $ TOTAL COST $ ~ a/.f) 09/ ~ , '-' ....I MEDIA RELATIONS To: From: Date: Subject: Ed Parker, Purchasing Director Shane DeWitt, Technical Operations Manager, SLCTV March 10,2004 BID #04-026-Media Equipment for TV Studio After review of all bids the Media Relations Department recommends that B & H Photo Video, the lowest qualified bidder be awarded BID #04-026-Media Equipment for TV Studio in the amount of$ 56,323.50. There are however, two items that will not be awarded to B & H because they do not meet the specifications of the RFP. They are: - Two(2) 50' 26-PIN Cables for NC Cameras - One(l) 100' 26-PIN Cable for Camera B & H Photo Video did not bid on the following items: - One(l) Belden BL-1505A 1000ft. RG59/20 Coaxial Cable - One(l) Belden 1000ft. Audio Cable - (150) Kings BNC Connectors 2065-2-9 - One(1) ill-PRO printer - One(l) Jimmy Jib Lite I am recommending that Digital Video Systems, the lowest qualified bidder, be awarded the bid for the following items in the amount of$ 2,606.61: - Two(2) 50' 26-PIN Cables for NC Cameras - One(l) 100' 26-PIN Cable for NC Camera - One(l) Belden BL-1505A 1000ft. RG59/20 Coaxial Cable - One(l) Belden 1000ft. Audio Cable - (150) Kings BNC Connectors 2065-2-9 - One(l) ill-PRO printer I am also recommending that Encore Broadcast Equipment Sales, the lowest qualified bidder, be awarded the bid for the following item in the amount of$ 8,895.00 : ~ - One(l) Jimmy Jib Lite If you have any questions please contact Shane DeWitt at extension 1869. Shane De Witt Technical Operations Manager, SLCTV ....J ~/ '-" ....; ITEM NO. 10 ....., '.. . - .. -- -~'-. ...'....,'j.. ........>.".,... .....'". , ._..' -t-: .; . ..". '--. _. , ':', ~ - - .-' . ",-, ... ...... ~ .: ,.". , -. ..' -" "'-. ... '--. AGENDA REQUEST DATE: May 25, 2004 REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS ~z=- P.M. Bowers Utility Director SUBMITTED BY (DEPT): UTILITIES DEPARTMENT SU BJECT: Staff requests approval of the quote from Ditch Diggers, Inc. for the North County District's Route #2 for the extension of a force main interconnection with FPUA in the amount of $1,167,991.53 and approval of Budget Resolution 04-158. FUNDS AVAILABLE: The funds will come from an interfund loan from the General Fund to be repaid with interest at 2%. (001-9910-599300-800 - General Fund Emergency Reserves) PREVIOUS ACTION: Board of County Commissioners approved S1. Lucie County Utilities for a bid waiver and permission to request quotes for the extension of a force main on North US Highway One to service the North County Utility District with an estimated cost of $1.5 million. RECOMMENDATION: Staff recommends Board approval of the quote from Ditch Diggers, Inc. for the North County District's Route #2 for the extension of a force main interconnection with FPUA in the amount of $1,167,991.53. Staff also recommends the Board approve the interfund loan from the General Fund Reserves to be repaid with interest at 2% in the amount of $1 ,200,000 and approve Budget Resolution 04-158. )I APPROVED o OTHER: o DENIED ---- COMMISSION ACTION: Approved 4-0 (Comm. Lewis Absent) ~ounty Attorney: ~riginating Dept: . tJ"/ 10- ~ Review and Approvals ~anagement and Budget: u..o ff\~tl)\ . ~urchasing: Glf o Other: o Other: o Finance: (Check for copy only, if applicable): Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. '-' ...I UTILITY DEPARTMENT MEMORANDUM FROM: Board of County Commissioners P.M. Bowers, Utility Director~ TO: DATE: May 25, 2004 RE: North County Utility District BACKGROUND: St. Lucie County Utilities has requested quotes for the extension of a force main on North US Highway One. The connection point with FPUA on US Highway One is approximately .6 miles south of Indrio Road. The 16" force main will proceed north to the Feeder Road, then turn west and connect with existing lines at Portofino Shores. Masteller & Moler, Inc. has reviewed the seven quotes received on May 7, 2004 and concluded the lowest bid for this project was from Ditch Diggers, Inc. Time constraints make this job an emergency as this work must begin in May 2004 and be completed by July 1, 2004. All engineering, surveying, stake out, as-builts, and permitting will be supplied by Masteller & Moler, Inc. RECOMMENDATION: Staff recommends Board approval of the quote from Ditch Diggers, Inc. for the North County District's Route #2 for the extension of a force main interconnection with FPUA in the amount of $1,167,991.53. \.,t '--' ~:~ MASTELLER & MOLER, INC. - CIVIL ENGINEERS - May 12,2004 Mr. Mike Bowers Interim Utilities Directory St. Lucie County Utilities Department 2300 Virginia Avenue Ft. Pierce, FL RE: Route 2-North County Service Area Force Main Project Feeder Road & US #1 from Portofmo Shores Connection to Ft. Pierce Utilities Connection St. Lucie County, FL Our Project No. 0414B Review of Seven (7) Contractor's Quotations Dear Mike: In accordance with your verbal authorization, we have reviewed the Quotation Packages from the Contractors invited to provide pricing infonnation concerning the reference project. Please find attached the Quotation Packages which you furnished to us for our review along with a tabulation of the "Corrected" total costs for this project for each of the contractors. We have also provided a Tabulation spreadsheet for the three (3) lowest quotes to facilitate comparison of the individual cost items for each ofthese contractors. The total quotes from the seven (7) contractors vary from a low of $1,167,991.53 to a high of $2,292,183.70. The lowest three (3) quotations starting with lowest and continuing upwards in cost are as follows: Ditchdiggers, Inc. Danella Companies, Inc. RK Contractors, Inc. $1,167,991.53 $1,226,597.00 $1,332,408.50 The tabulation sheets for each of the contractors are complete and I see no irregularities or reasons for disqualification of any of the contractors providing quotations on this project. 2205 14th Avenue, Vero Beach, Florida 32960 Phone: (772) 567-5300 F~'C (172) 794-1106 E-Mail: mastmoJr@bellsouth.net '-" ...¡ Mr. Mike Bowers' 5/12/04 Page 2 I trust you will find this information satisfactory and please do not hesitate to contact me if you . have any questions or comments. Sincerely yours, MASTELLER & MOLER, INC. v!Jùtrffi~ Earl H. Masteller, P.E., DEE President Ehmlvk Enclosures File 04148 (mbowers _ quotes_ 051204.doc ~ ~ ...I .... 0 0 0 0 0 0 0 8 0 0 0 0 0 I() 0 0 0 0 0 0 0 0 0 0 0 It"! 0 0 0 0 0 N I': 0 0 0 0 0 0 Ó Ó Ó Ó Ó N Ó Ó Ó Ó Ó Ó N Ó Ó N Ó 0 8 0 0 0 0 '<t 0 0 0 0 0 0 0 ..... N 0 I() I() 0 0 ..... ..... 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N C'i co I'- C> (') ::> ..... ..... ..... ..... (') ..... ..... ..... a ro E '" ro !l. -ó CD ~ cð c:: CD m x ~ ft ~ ~ ::> C II) 0 ::> r- ~ "æ 0 ~ m ..c !l. I.L. CI> C cð ~ II) ~ 2 !š 0 -c ,ñ f¡ W !!! ïö ~ c:: C> .9 Õ 1ã 5 CD C (ñ ê -" ::> :v ~ ::> ;: u ~ !l. ~ C &j a ~ II) C ::> C 0 ro :::> CD -c cð ·C ~ CD 0 ë: u Ö I.L. I.L. I ~ ~ ca "5 ... '" C ~ :g 't :::> - 0 m !š '" 'ð - g ~ ~ CD '" 10 10 10 10 .c ~ !l. C (fJ ~ i:ñ ..... ..... !l. ..... ..... ..J (fJ Ü !l. Ü r- N M .... '" <D r-- CD 0> ~ ;: ~ ~ ~ ~ ~ ~ ~ ~ 0 N o I) cò o .,. Ñ M ~ ..... '-' Astaldi Construction Corp Danella Construction Corp Ditch Diggers, Inc. Felix & Associates Northern Dirt Work, Inc. RK. Contractors, Inc. Speegle Construction II, Inc. North County Force Main Extension Quote Total May 11, 2004 -' $ 1,427,775.50 $ 1,226597.00 ** $ 1,167,991.53 $ 1,513,899.35 $ 2,292,183.70 $ 1,332.408.50 $ 2266,655.32 **: The amount shown on the actual bid is $ 1,226,233.00. On review it was found to be the above quoted price. 0414B _Corrected T ota! Quotes _051104 \\ZEUS\Public\Projects\0414B\ADMIN\Cost Estimates\0414B_ Corrected Total Quotes_051104.doc '-J :nos Orange .-ive. ForI Pierce Florida 3·1950 Ph: 772--161-5656 Fox: 772-673-8100 5/5/2004 ST LUCIE COUNTY UTILITIES ROUTE #2 FORCE MAIN PROJECT SCHEDULE OF QUANTITIES, PRICES AND TOTAL BID Route 2 Forpe Maini~starti'1g at FPUAco~neption point 6 rl1i1~ south of Ir¡.drio Road, then North on .U~1.l'Jortr Pfst~arbor~ral1c.t!to FeecterRd wjth16" Force Main, then ~ontinue16"r=orce MaIn to portofin?Shores(This Pricihg assu!11es;Ð?~~e.~airi is pOhstrupie¡d independently of Water Main and that this work is started late May2004 and completed by July 1st 2004): . . ". .... DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL PRICE 1 MOBILIZATION 1.00 LS $ 1,000.00 $ 1,000.00 2 ÞERFORMANCE/PAYMENTBOND100% 1.00 LS $16,500.00 $ 16,500.00 3 PROJECT INSURANCE 1.00 LS $ 1,000.00 $ 1,000.00 4 SOIL 1 DENSITY TESTING @ 200' INTERVALS EACH 1.00 LS $ 2,000.00 $ 2,000.00 LIFT 5 MOT 1 US 1 AND SECONDARY ROADS 1.00 LS $ 1,000.00 $ 1,000.00 6 TYPE III SILT FENCE 17200.00 LF $ 1.50 $ 25,800.00 7 16" PVC FORCE MAIN 17200.00 LF $ 37.20 $ 639,840.00 8 16" HOPE DIRECTIONAL BORE - FORCE MAIN (6 1900.00 LF $ 101.00 $ 191,900.00 LOCATIONS) 9 PERMANENT MARKER SIGNS @ BORES 12.00 EACH $ 25.00 $ 300.00 10 16" MANUAL ARV ASSEMBLY 6.00 EACH $ 503.00 $ 3,018.00 11 16" PLUG VALVE ASSEMBLY 22.00 EACH $ 3,010.00 $ 66,220.00 12 DIP FITIINGS AND RESTRAINTS 3.50 TON $ 5,683.75 $ 19,893.13 13 LOCATOR WIRE 19100.00 LF $ 0.10 $ 1,910.00 14 SHOULDER RESTORATION (SOD) 38222.00 SY $ 3.20 $ 122,310.40 15 CLEAR AND GRUB (ROW) 17200.00 LF $ 1.00 $ 17,200.00 16 PRESSURE TEST 1.00 EACH $ 500.00 $ 500.00 17 FLUSHING ASSEMBLY 1.00 EACH $ 500.00 $ 500.00 18 PAVED DRIVEWAY RESTORATION (R&R) 1950.00 SY $ 17.00 $ 33,150.00 19 ASPHALT ROADWAY RESTORATION (R&R) includes 1350.00 SY $ 17.00 $ 22,950.00 patchinQ and overlay per county detail 20 CONNECTION TO EXISTING (FPUA & PORTOFINO) 2.00 EACH $ 500.00 $ 1,000.00 TOTAL BID $ 1,167,991.53 NOTES 1 EnQineering and surveying services bv Masteller & Moler, Inc, includin¡ stakeout and as-builts Page 1 (0414B_coscestimate FM_route2.xls) '- ...,¡ St Lucie County General Fund Emergency Reserves (001-991 0-599300-800) Fiscal Year 2003-2004 . Beginning Balance: $8,400,000.00 Jess: Interfund Loans: Port Utilities - Holiday Pines Utilities - North County District bulk interconnect wI FPUA Utilities - Contingent upon BOCC approval on 4/20/04 - A1A to Taylor Creek - Taylor Creek to St Lucie Blvd - US1 to Rouse Road to A1A Utilities - Route #2 for extension of a force main interconnection with FPUA -$992,910.00 -$2,692,800.00 *** -$163,795.00 *** -$1,320,000.00 *** -$1,200,000.00 *** Sub total -$6,369,505.00 Ending Balance: $2,030,495.00 *** To be repaid by $7,600,000 loan to be received in 6-7 weeks. GenFundEmerRes04.xls 5/19/2004 '-' ..,¡ RESOLUTION NO. 04-158 WHEREAS, subsequent to the adoption of the S1. Lucie County Board of County Commissioners budget for S1. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the fonn of a $1,200,000 inter-fund loan (advance) from the General Fund to the North County Utility District - Capital Facilities Fund for the North County District's Route #2 for the extension of a force main interconnection with FPUA. 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 S1. Lucie County, Florida, in meeting assembled this 25th day of May, 2004, pursuant to Section 129.06 (d), Florida statutes, such funds are hereby appropriated for the fiscal year 2003-2004, and the County's budget is hereby amended as follows: REVENUES 479-0000-387000-000 Advances In $1,200,000 APPROPRIATIONS 479-3600-563000-300 Improvements other than Building $1,200,000 After motion and second the vote on this resolution was as follows: Commissioner Paula A. Lewis, Chairperson Commissioner John Bruhn, Vice Chairperson Commissioner Cliff Barnes, Chairperson Commissioner Doug Coward Commissioner Frannie Hutchinson '-' o.."j -; PASSED AND DULY ADOPTED THIS 25TH DAY OF MAY, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY "" ..." AGENDA REQUEST ITEM NO. c-11 DATE: May 25,2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: WORK AUTHORIZATION / SIMS WILKERSON ENGINEERING, INC. SECURITY SYSTEM AND FIRE ALARM UPGRADE/ROCK ROAD CORRECTIONAL FACILITY BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 316-1940-562005-26001 (Building-Consulting Engineer) PREVIOUS ACTION: The Board of County Commissioners approved Work AuthorizatJon with Sims Wilkerson Engineering on August 28, 2001, Item No. 9c. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the request for a Work Authorization in the amount of $29,000.00 with Sims Wilkerson Engineering to provide additional services at Rock Road Correctional Facility and authorize the Chair to sign the Work Authorization as prepared by the County Attorney. MISSION ACTION: Dd APPROVED [] DENIED [ ] OTHER: Approved 4-0 (Comm. Lewis Absent) NCE: v Co,"ty Attomey,Y Originating De~t..:e.... Finance: (Check for Copy only, if Applicable) ~ --- g Anderson County Administrator Coordination/Signatures Mgt. & Budget: Purchasing Mgr.: Other: . Other: Eft. 1/97 H:\AGENDA\AGENDA-SIMS WILKERSON-W.A. JAIL.DOC -. ..... ..." MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: Board of County Commissioners Don McLam, Assistant DirectòLJ;> \Lé:.- Roger A. Shinn, Direct~ FROM: THROUGH: DATE: May 18, 2004 SUBJECT: Work Authorization / Sims Wilkerson Engineering ****************************************************************************************************** Through Board approval, Sims Wilkerson has provided Engineering Services to oversee the design and project phase of the Security System and Fire Alarm Upgrade at Rock Road Correctional Facility. The construction phase of this project, administered by Norment Security Group, had a substantial completion date of May 2, 2004. Norment failed to meet this completion date thereby generating the need to extend engineering services beyond May 2,2004. Staff anticipates substantial completion to be mid-June on this project. Sims Wilkerson extended engineering services will include; project check out (two site visits), a final review of punch list items (one site visit that will last five working days), and office engineering hours. The purpose of these additional services is to assist staff in upholding the integrity of the overall project. Total cost for these extended engineering services is $29,000.00; the proposal submitted by Sims Wilkerson is attached. In an effort to begin these additional services, staff recommends the Board of County Commissioners approve the request for a Work Authorization in the amount of $29,000.00 with Sims Wilkerson and authorize the Chair to sign the Work Authorization as prepared by the County Attorney. c: Doug Anderson, County Administrator Raymond Wazny, Assistant County Administrator Dan Mcintyre, County Attorney · _ J~rtJ' Parenteau - 01 09~-~~!t1:~to~?~~ty)3eg?~rdTg~ÆL§~~~£i~B§"ºª9~Œeÿis.19!ir~,OC, '--.'_ ' ... -.. ,...-.......- .......~.~ -, - ~.~-- p~~ " - -- - ---~-----.~-~ . --..--------------------.. St. Lucie County Central Services May 5, 2004 Page 1 Sims Wilkerson Engineering, Inc. 1555 Howell Branch Road, Suite A-I Winter Park, Florida 32789-1170 (407) 645-1566 Fax (407) 645-2399 May 13,2004 St. Lucie County Central Services 2300 Virginia A venue Fort Pierce, Florida 34982 Attention: Mr. Jerry Parenteau, Project Manager Project: Security Systems Improvements St. Lucie County Correctional Facility SWE #01098 Reference: Purchase Order No. P2210683 Subject: Revised Extended Engineering Services at Rock Road Correctional Facility Dear Mr. Parenteau: As you requested in our phone conversation on May 12, 2004, we have prepared this revised proposal for extended engineering services at the Rock Road Correctional Facility. These extended engineering services are a result of Norment not completing the contract by the original contract completion date of January 2, 2004 to which an additional one hundred and ten days were added for a revised completion date of May 2, 2004. It is evident that this date is not being met and services beyond May 2 will be required. The County anticipates at this time that the Contractor's work may not be Substantially Complete until some time in June. An additional period will be required by the Engineer for project checkout and final review of punch list items. Basis of Compensation I. Per your request, we will be providing three site visits. The first site visit will occur on May 10, 2004, the second on May 24, 2004 and the third will occur when Norment is ready for the punch list. It is anticipated that the final punch list site visit will last 5 working days. These site visits will include representation from Vitetta and SWE. These services amount to $23,000.00. This cost is for site visits only and does not include office engineering hours that are anticipated to be necessary to process our findings during the regular site visits and .. .J~~tJ:~[~~au,_:~I998':Jetter to County Reg~f~Ei,~~~~s 050304(rev~<?!ìrd£~ . ....., .----_ ..._ _n. _ ~ ~__.___.~.___ _ _____~..___.__.___.._____~.. _______._____._____~__....__ ..__ __. __ ___ __ _________ -- _A '-..,.- ---~'-~'T~ St. Lucie County Central Services May 5, 2004 Page 2 assembly of the final punch list. We estimate that the office engineering hours would amount to $6,000.00. Note that a fourth additional site visit for punch list item resolution/verification has not been included and would be considered an addition to these services. Such site visit will be invoiced proportionally to the trips made with appropriate adjustment upward if more than one day on site per trip is required. 2. The total for extended engineering services including office engineering hours is $29,000.00. These engineering services include the three site visits listed in item 1. plus office engineering hours. We anticipate approval of these extended services and will be on site May 10 unless otherwise directed. Sincerely, SIMS WILKERSON ENGINEERING, INC. Howard W. Sims, P.E. President cc: Mr. Tony Frasetta, Vitteta Page' ¡ I I I I I I I f i ¡ # t; ~ '" ""'" AGENDA REQUEST ITEM NO. C - , I;) DATE:May 25, 2004 REGULAR [ ] PUBLIC HEARING CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT) : Community Services PRESENTED BY: Beth Ryder, Director SUBJECT: Approve the Fourth Amendment extending the term of the contract with Habitat for Humanity through the 2004-05 SHIP funding cycle, subject to the continued availability of SHIP funding for the County, and clarify the Scope of Work and compensation procedures. BACKGROUND: On January 15, 1998, the County entered into an agreement with Habitat for Humanity to assist in the repair and/or rehabilitation projects for the 1997/98 SHIP program funding cycle. Subsequently, the contract has been amended to extend the term. FUNDS AVAIL: 185001-5420-549600-500 FYOO/01 185002-5420-549600-500 FY01/02 185003-5420-549600-500 FY02/03 185004-5420-549600-500 FY03/04 185005-5420-549600-500 FY04/05 PREVIOUS ACTION: A first amendment was executed extending February 9, 1999; on December 21, 1999, a second amendment was August 8, 2000 a third Amendment was approved to clarify that funds are available for a 24 month cycle. the term on approved; on SHIP program RECOMMENDATION: Staff recommends the Board of County Commissioners approve the fourth amendment and authorize the chair to sign all necessary documents. [XJ [ ] APPROVED OTHER: [ DENIED - COMMISSION ACTION: Approved 4-0 (Corom, Lewis Absent) Dou ~ M. Anderson County Administrator County Attorney:x ;l1 Coordination/Siqnatures ~ 0IY} . Management & BUdget:x~ Purchas1ng: Other: Other: Originating Department: Finance: Check for copy only, if applicable i ~ '-' '-' ,. FOURTH AMENDMENT TO JANUARY 15, 1998 AGREEMENT THIS FOURTH AMENDMENT, made and entered into this day of , 2004, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and ST. LUCIE COUNTY HABITAT FOR HUMANITY, INC., a not-for-profit corporation under the laws of the State of Florida, hereinafter referred to as "Habitat". WITNESSETH: WHEREAS, pursuant to Sections 420.907 through 420.9079, Florida Statutes (2003), Chapter 91-37, Florida Administrative Code, and St. Lucie County Ordinance No. (coHectively the "SHIP Act"), the County, through its Community Services Division, serves as the administrator of the St. Lucie County SHIP Program, hereinafter referred to as the "Ship Program"; and, WHEREAS, the SHIP Program funding cycles includes funding for repair and/or rehabilitation of residential units in St. Lucie County; and, WHEREAS, on January 15, 1998, the parties entered into an agreement wherein Habitat agreed to assist the County in the administration of repair and/or rehabilitation projects using 1997-98 SHIP Program funding cycle monies, hereinafter referred to as the "Agreement"; and, WHEREAS, on February 9, 1999, the parties entered into a First Amendment to the Agreement to incorporate an additional aHocation of SHIP funds received by the County for the State of Florida fiscal years 1998-1999 and 1999-2000 and extend the term of the Agreement to include these additional funding cycles; and, WHEREAS, on December 21, 1999, the parties entered into a Second Amendment to the Agreement to clarify that SHIP Program funds are available during a twenty-four (24) month funding cycle rather than a twelve (12) month fiscal year and to provide for the County to compensate Habitat for roof and/or septic tank repairs upon completion of the repairs rather than wait until completion of an entire repair project; and, WHEREAS, on August 8,2000, the parties entered into a Third Amendment to extend the tenn through the 2002-03 SHIP funding cycle, subject to the continued availability of SHIP funding for the County; and, WHEREAS, the parties desire to further amend the Agreement to further extend the agreement through the 2004-05 SHIP funding cycle, subject to the continued availability of SHIP funding for the County, and clarify the Scope of Work and compensation procedures. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as foHows: 1 ::¡ , '-' -....I . t 1. The Scope of Work shall be amended as attached hereto and incorporated herein as Exhibit "A." 2. Paragraph 4 of the Agreement shall be amended to read as follows: 4. TERM; TIME OF PERFORMANCE The tenn of this Agreement shall be from January 6, 1998 through and including the date all of the 1996-97 through 2004-2005 SHIP Program funding cycle monies for repair of residential units are expended pursuant to this Agreement, subj ect to annual availability of SHIP funding to the County. The tenn of this Agreement may be extended upon the mutual written consent of both parties. Habitat agrees to schedule repairs of each residential unit approved by the County within ten (10) days of the date of receipt of Notice to Proceed for each unit. 3. Paragraph 5 of the Agreement shall be amended to read as follows: 5. COMPENSATION The County agrees to pay Habitat a total amount not the available SHIP Program monies per funding cycle, payable as follows: Repair of a residential unit - Up to twenty-five thousand and 00/100 dollars ($25,000.00). Upon signing a contract for repair of a residence, the County will issue a check to Habitat for twenty-five percent (25%) of the cost for the materials needed for the repairs. Habitat shall submit a request for payment following completion of the roof and/or septic tank repairs/rehabilitation for each residential unit, if applicable. Following completion of the remaining repairslrehabilitation for the unit, if any, Habitat shall submit a final request for payment for the unit. The requests for payment shall include evidence satisfactory to the County of all payroll material, bills, and other indebtedness incurred by Habitat in connection with the repair/rehabilitation of the residential. After all repairs/rehabilitation have been completed, inspected and approved for each unit, the County's Project Manager shall promptly issue a fmal certificate. Final payment shall be due within fifteen (15) business days after the County's Project Manager issues the final certificate. Within thirty (30) days of the fmal payment, Habitat 2 , "" """" shall submit evidence satisfactory to the County of all payroll material, bills, and other indebtedness incurred by Habitat in connection with the repair/rehabilitation of the residential unit have been paid in full. Anything herein to the contrary notwithstanding, any and all obligation of the County to make any and all payment to Habitat are expressly conditioned upon receipt of, and authorization to expend, SHIP funds from the State of Florida, and are expressly conditioned upon appropriation thereof by the Board of County Commissioners of St. Lucie County, Florida. In the event said funds are not expended as required under this Agreement, the County or Habitat may apply for an exemption as provided under Rule 91-37.0021 (17), Florida Administrative Code. 4. All other tenns and conditions of the Agreement, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Third Amendment upon the tenns and conditions above stated on the day and year first above written. WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: ß~~- S ARYQ' (SEAL) g:\agreemnt\4a -ba bitat.sbip. wpd 3 " '- ....., EXHIBIT "A" SCOPE OF WORK 1. EMERGENCY REP AIRlREHABILlT A TION STRATEGY , It is the purpose of the Emergency Repair/Rehabilitation Strategy to assist with emergency repairs on housing units in the unincorporated portions of St. Lucie County, thus allowing the units to continue to remain in residential housing stock. Applicants for thi$ strategy will receive awards on a first-come, first completed, first-served basis. Only repairs considered an "emergency" will be eligible. The qualifications for emergency repairs are those that effect the health and safety of the applicant such as unsafe water and/or septic system failure, faulty wiring or failure of building envelope or safe access to the structure. Applicants must comply with all income verification procedures and only very-low income applicants will be eligible. The precise time of the return of a completed application will qualifY the eligible applicant on a first-come, first-served basis subject to the following provisions: A. All units repaired or otherwise assisted with SHIP funds must be owned and occupied by the eligible persons. Eligible persons are those classified as very low income persons as detennined by the Florida Hosing Finance Agency's income criterion in effect on the date of application. B. SHIP funds may not be used to purchase, rehabilitate or repair mobile homes. C. The combined annual anticipated gross income of any applicant for assistance with St. Lucie County SHIP fimds must be verified by the County as to their income level eligibility. 2. COUNTY RESPONSffiILITIES A. Accept, review and approve/disapprove, very low income applicants who need emergency repairs on homes they own and occupy, in the unincorporated portions of St Lucie County and reimburse Habitat for the following expenditures to be considered construction cost: (1) Tho..se hard costs which are typically or customarily treated as construction costs by institutiona11enders; (2) Construction soft costs such as engineering studies and appraisals, if directly related to housing construction; (3) Payment ofpermi'ts and/or impact fees; and, (4) The purchase of materials to do the necessary repairs. 4 - ~ '-' ...., B. Provide to Habitat a Jist of approved/or approved in a timely manner sub- contractors to work on SHIP housing rehabilitation projects. C. Provide Habitat with written Notice to Proceed for each approved housing rehabilitation project. D. Develop and implement the means acceptable to Habitat by which it Will verity the completion of housing rehabilitation projects. 3. HABITAT RESPONSIBILITffiS A. Prepare cost estimates for emergency repairs to residential units owned and occupied by qualified residents. B. Purchase materials for the repair and/or rehabilitation of residential units owned and occupied by eligible persons. C. Contract with sub-contractors approved by the County that have executed general liability agreements with Habitat. D. Recruit and supervise volunteer labor to perform emergency repairs and/or rehabilitation. D. Oversee emergency repair and/or rehabilitation of residential units .owned and occupied by qualified residents. E. Accept, maintain and expend the SHIP funds in accordance with the terms and conditions of the SHIP Act, and this Agreement. C. Return. to the County within fifteen (15) days of demand therefor all SHIP funds paid to Habitat under the terms of this Agreement upon the County's finding that. anyone or more of the terms or conditions of the SHIP Act, or this Agreement have been violated by Habitat. 4. PERMITTED CONSTRUCTION COSTS: A. Those construction costs which are typically or customarily treated as construction costs by institutional lenders; B. Construction soft costs such as engineering studies and appraisals, if directly related to housing construction. C. Payment of permit and/or impact fees. 5 ,-. ....,. 5. DISALLOWED EXPENDITURES: Habitat shall return to the County all SHIP Funds expended for disallowed expenditures as determined by the SHIP Coordinator of St. Lucie County. Disallowed expenditures include, but are not limited to the following: A. "Bad Debts" - Losses arising from uncollectible accounts and other claims and related costs, are not allowable. B. "Contingencies" - Contributions to contingency reserve or any similar provisions for unforeseen events are not allowable. C. "Contributions or Donations" - Contributions and donations are not allowable. D. "Entertainment" - Costs of amusements, social activities, and incidental costs relating thereto, such as meals, beverages, lodgings, rentals, transportation and gratuities are not allowable. E. "Fines and Penalties" - Costs resulting from violations of, or failure to comply with Federal, State and local laws and regulations are not allowable. F. "Interest and Other Financial Costs" - Interest on borrowing (however represented), bond discounts, costs of financing and refinancing operations, legal and professional fees paid in connection therewith, are not allowable. 6 \0 , '-' .....; ITEM NO. C-13- DATE: May 25, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Airport Paul Phillips SUBJECT: Airport West Commerce Park Economic Development Administration (EDA) $1.5 million Grant Acceptance AGENDA REQUEST BACKGROUND: For the past three fiscal years the Board of County Commissioners (BOCC) have funded the design and construction of Airport West Commerce Park (A WCP). This Commerce Park slated to begin construction in 2005 will be designed to house large warehouse projects. This agenda item is the contract from the U.S. Department of Commerce, Economic Development Administration to accept the $1.5 million in federal funds towards the construction of this Commerce Park. FUNDS AVAILABLE IN ACCT#: Matching funds of $500,000 are in the Airport's budget request for fiscal year 2004/05 and will' be made available in the Airport Industrial Park West Development Improvement account (140322-4220-563000-48004). PREVIOUS ACTION: n/a RECOMMENDATION: Staff recommends that the Board 'of County Commissioners approve the contract from the U.S. Department of Commerce, Economic Development Administration to accept the $1.5 million in federal funds towards the construction of the Airport West Commerce Park (A WCP) at St. Lucie County International Airport. Reviews & Auurovals County Attorney: Originating Dept: Finance:(Check £ MB~ rnm4_turchasing er: Other: , if a plicable) ----- COMMISSION ACTION: I(lAPPROVED [ ]DENIED Approved 4-0 (Comm. Lewis Absent) [ ]OTHER: CONC CE: ~ '...I (' St. Lucie COunty INTERNATIONAL AIR Staff Report from St. Lucie County International Airport To: Board of County Commissioners From: Paul A. Phillips, Airport Director Re: Airport West Commerce Park For the past three fiscal years the Board of County Commissioners (BOCC) have 'funded the design and construction of Airport Industrial Park West. This industrial park slated to begin construction in 2005 will be designed to house large warehouse projects. These additional United States Economic Development Agency (USEDA) grant funds requires the funding currently committed by the BOCC and a $500,000 funding commitment as requested in the Airport's fiscal year 2004/05 budget. As depicted in this staff report, this brings the total funding commitment by the BOCC, FDOT, and EDA to $5,800,000. Funds Available Funds Available Funds Proposed Funds Proposed Funding Source FY 01/02 FY 02/03 FY 03/04 FY 04/05 County Funds Aviation Match $550,000 $550,000 Interffiodal Match $200,000 $145,836 Excess Reserves $76,654 $377,510 $500,000 FDOT Funds Aviation $550,000 $550,000 Interffiodal $200,000 $600,000 Proposed EDA Grant $1,500,000 Subtotals $1,100,000 $1,576,654 $2,623,346 Total Funds Available $2,676,654 Total Funds (Available and Proposed) $5,300,000 $5,800,000 $76,654 = Excess Carry Forward Balance $377,510 = Current Budget Year Request $600,000 =Intennodal Match = (FY 02/03 $76,654 +FY 03/04 $145,836 +FY 03/04 $377,510) EDA = Economic Development Administration If you have any questions or require any additional information, please do not hesitate to contact me. ,- "'" u.s. DEPARTMENT OF COMMERCE Economic Development Administration ATLANTA REGIONAL OFFICE Suite 1820 401 West Peachtree St., N.W. Atlanta, Georgia 30308-3510 In reply refer to: Award No. 04-01-05375 ~ MAY 1 1 2004 Douglas Anderson County Administrator St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982 Dear Mr. Anderson: We are pleased to inform you that the Economic Development Administration (EDA) has approved a Financial Assistance Award in an amount not to exceed $1,500,00 issued pursuant to your application for Federal assistance to construct road, sewer, water and stormwater infrastructure improvements to establish an industrial park. This investment will create 393 new jobs and generate over $40,000,000 in private investment. The total project cost is $ 3,168,411, which is based on the line item estimates contained in Attachment No.1. Enclosed are three signed copies of the Financial Assistance Award. Your agreement to the terms and conditions of the award should be indicated by the signature of your principal official on all of the signed copies of the Financial Assistance Award. Two of the executed copies should be returned to the Director, Atlanta Regional Office, Economic Development Administration, Suite 1820,401 West Peachtree Street, N. W., Atlanta, Georgia 30308-3510. You are cautioned not to make any commitments in reliance on this award, nor to enter into negotiations relative hereto, until you have carefully reviewed the terms and conditions and have determined that you are in compliance or that you can comply therewith. Any commitments or undertakings entered into prior to obtaining the approval ofthe Government in accordance with its terms and conditions will be at your own risk. Enclosures CC: Greg Vaday - Treasure Coast Regional Planning Council ~-'".....,,'-'..: ... i~ L?' ((.", 1'='.'fI n " n ~ Ì\ i"1 rC; . , c., \ V! ,2, !ô'¡ '~II ') ?(lIlL 1'" UU~~~ð CO. ADMIN. OFF!CE FORM CD-450 (REV 10/98) U.S. DEPARTMENT OF COMMERCE IXJGRANT D COOPERATIVE AGREEMENT FINANCIAL ASSISTANCE AWARD ACCOUNTING CODE RECIPIENT NAME St. Lucie County INVESTMENT NUMBER 04-01-05375 STREET ADDRESS 2300 Virginia Avenue FEDERAL SHARE OF COST $ 1,500,000 CITY, STATE, ZIP CODE Ft. Pierce, Florida 34982 RECIPIENT SHARE OF COST $ 4,044,000 AWARD PERIOD From date of approval to 31 months after approval TOTAL ESTIMATED COST $ 5,544,000 AUTHORITY 42 V.S.C. Section 3141 CFDA NO. AND PROJECT TITLE 11.300 Public Works & Facilities Development Program/Industrial Park Infrastructure This Award approved by the Grants Officer is issued in triplicate and constitutes an obligation of Federal funding. By signing the three documents, the Recipient agrees to comply with the Award provisions checked below. Upon acceptance by the Recipient, two signed Award documents shall be returned to the Grants Officer and the third document shall be retained by the Recipient. If not signed and returned without modification by the Recipient within 30 days of receipt, the Grants Officer may unilaterally terminate this Award. D ~ ~ D ~ D ~ D D []I ~ Department of Commerce Financial Assistance Standard Terms and Conditions Special Award Conditions Line Item Budget 15 CFR Part 14, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, Other Non-Profit, and Commercial Organizations 15 CFR Part 24, Uniform Administrative Requirements for Grants and Agreements to State and Local Governments OMB Circular A-21, Cost Principles for Educational Institutions OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments OMB Circular A-122, Cost Principles for Nonprofit Organizations 48 CFR Part 31, Contract Cost Principles and Procedures OMB Circular A-B3, Audits of States, Local Governments, and Nonprofit Organizations Other(s) EDA Standard Terms and Conditions - Construction Program. dated March 1999 F COMMERCE GRANTS OFFICER TITLE DATE 3/1"5" /òý- " Director, Atlanta Region TITLE DATE Douglas Anderson County Administrator FORM CD-450 (REV 10/98) u.s. DEPARTMENT OF COMMERCE IiJGRANT 0 COOPERATIVE AGREEMENT FINANCIAL ASSISTANCE AWARD ACCOUNTING CODE RECIPIENT NAME 81. Lucie County INVESTMENT NUMBER 04-01-05375 STREET ADDRESS 2300 Virginia A venue FEDERAL SHARE OF COST $ 1,500,000 CITY, STATE, ZIP CODE F1. Pierce, Florida 34982 RECIPIENT SHARE OF COST $ 4,044,000 AWARD PERIOD From date of approval to 31 months after approval TOTAL ESTIMATED COST $ 5,544,000 AUTHORITY 42 D.S.C. Section 3141 CFDA NO. AND PROJECT TITLE 11.300 Public Wôrks & Facilities Development ProgramlIndustrial Park Infrastructure This Award approved by the Grants Officer is issued in triplicate and constitutes an obligation of Federal funding. By signing the three documents, the Recipient agrees to comply with the Award provisions checked below. Upon acceptance by the Recipient, two signed Award documents shall be returned to the Grants Officer and the third document shall be retained by the Recipient. If not signed and returned without modification by the Recipient within 30 days of receipt, the Grants Officer may unilaterally terminate this Award. o ~ !]I o ~ o ~ o o rn Qg Department of Commerce Financial Assistance Standard Tenns and Conditions Special Award Conditions Line Item Budget 15 CFR Part 14, Unifonn Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, Other Non-Profit, and Commercial Organizations 15 CFR Part 24, Unifonn Administrative Requirements for Grants and Agreements to State and Local Governments OMB Circular A-21, Cost Principles for Educational Institutions OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments OMB Circular A-122, Cost Principles for Nonprofit Organizations 48 CFR Part 31, Contract Cost Principles and Procedures OMB Circular A-133, Audits of States, Local Governments, and Nonprofit Organizations Other(s) EDA Standard Tenns and Conditions - Construction Program. dated March 1999 OF COMMERCE GRANTS OFFICER TITLE Director, Atlanta Region DATE 3/1-) joi- TITLE DATE Douglas Anderson County Administrator FORM CD-450 (REV 10/98) u.s. DEPARTMENT OF COMMERCE IXJGRANT D COOPERATIVE AGREEMENT FINANCIAL ASSISTANCE AWARD ACCOUNTING CODE RECIPIENT NAME St. Lucie County INVESTMENT NUMBER 04-01-05375 STREET ADDRESS 2300 Virginia Avenue FEDERAL SHARE OF COST $ 1,500,000 CITY, STATE, ZIP CODE Ft.Pierce, Florida 34982 RECIPIENT SHARE OF COST $ 4,044,000 AWARD PERIOD From date of approval to 31 months after approval TOTAL ESTIMATED COST $ 5,544,000 AUTHORITY 42 D.S.C. Section 3141 CFDA NO. AND PROJECT TITLE 11.300 Public Works & Facilities Development ProgramlIndustrial Park Infrastructure This Award approved by the Grants Officer is issued in triplicate and constitutes an obligation of Federal funding. By signing the three documents, the Recipient agrees to comply with the Award provisions checked below. Upon acceptance by the Recipient, two signed Award documents shall be returned to the Grants Officer and the third document shall be retained by the Recipient. If not signed and returned without modification by the Recipient within 30 days of receipt, the Grants Officer may unilaterally terminate this Award. D [XJ Œ] D [X] D ~ D D ŒJ Qg Department of Commerce Financial Assistance Standard Terms and Conditions Special A ward Conditions Line Item Budget 15 CFRPart 14, Unifonn Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, Other Non-Profit, and Commercial Organizations 15 CFR Part 24, Unifonn Administrative Requirements for Grants and Agreements to State and Local Governments OMB Circular A-21, Cost Principles for Educational Institutions OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments OMB Circular A-122, Cost Principles for Nonprofit Organizations 48 CFR Part 31, Contract Cost Principles and Procedures OMB Circular A-l33, Audits of States, Local Governments, and Nonprofit Organizations Other(s) EDA Standard Tenns and Conditions - Construction Prosuam. dated March 1999 TITLE DATE 3/ {)/öi <.:::::" TYPED NAME AND ~~ " Director, Atlanta Region TITLE DATE Douglas Anderson County Administrator \w 'wi EXHIBIT" A" U. S. DEPARTMENT OF COMMERCE Economic Development Administration Public Works and Development Facilities Award No.: 04-01-05375 Recipient: S1. Lucie County, Florida SPECIAL AWARD CONDITIONS 1. PROJECT DEVELOPMENT TIME SCHEDULE: The Recipient agrees to the following Project development time schedule: Time allowed after Receipt of Financial Assistance A ward for: Return of Executed Financial Assistance Award....................... ......... .................... ..30 days Start of Construction................................................ 12 Months from Date of Award of Grant Construction Period.................................................................... ....... ......18 months Project Closeout - All Project closeout documents including final financial information and any required program reports shall be submitted to the Government not more than 90 days after the date the Recipient accepts the completed project from the contractor(s). The Recipient shall pursue diligently the development of the Project so as to ensure completion within this time schedule. Moreover, the Recipient shall notify the Government in writing of any event which could delay substantially the achievement of the Project within the prescribed time limits. The Recipient further acknowledges that failure to meet the development time schedule may result in the Government's taking action to terminate the A ward in accordance with the regulations set forth at 15 CFR 24.43 (53 Fed. Reg. 8048-9, 8102, March 11, 1988). 2. GOALS FOR WOMEN AND MINORITIES IN CONSTRUCTION: Department of Labor regulations set forth in 41 CFR 60-4 establish goals and timetables for participation of minorities and women in the construction industry. These regulations apply to all Federally assisted construction contracts in excess of$10,000. The Recipient shall comply with these regulations and shall obtain compliance with 41 CFR 60-4 from contractors and subcontractors employed in the completion of the Project by including such notices, clauses and provisions in the Solicitations for Offers or Bids as required by 41 CFR 60-4. The goal for the participation of women in each trade area shall be as follows: From April 1, 1981, until further notice: 6.9 percent '-' 'wi Special Conditions EXHIBIT "A" Page 2 Award No. 04-01-05375 All changes to this goal, as published in the Federal Register in accordance with the Office of Federal Contract Compliance Programs regulations at 41 CFR 60-4.6, or any successor regulations, shall hereafter be incorporated by reference into these Special Award Conditions. Goals for minority participation shall be as prescribed by Appendix B-80, Federal Register, Volume 45, No. 194, October 3, 1980, or subsequent publications. The Recipient shall include the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" (or cause them to be included, if appropriate) in all Federally assisted contracts and subcontracts. The goals and timetables for minority and female participation may not be less than those published pursuant to 41 CFR 60-4.6. 3. AUDIT REQUIREMENTS: Applicable audit requirements are contained in OMB Circular A-133. Any references to audit requirements contained in 15 CFR Part 29a and 15 CFR 29b in the terms and conditions governing this project are replaced by OMB Circular A-B3. 4. PERFORMANCE MEASURES: The recipient agrees to report on program performance measures and program outcomes in such form and at such intervals as may be prescribed by EDA in compliance with the Government Performance and Results Act of 1993. Performance measures and reporting requirements that apply to program activities funded by this investment will be provided in a separate GPRA information collection document. EDA will advise recipients in writing within a reasonable period prior to the time of submission of the reports, and in the event that there are any modifications in the performance measures. 5. REPORT ON UNLIQUIDATED OBLIGATIONS: All Recipients of an EDA grant award of more than $100,000 whose grant has not been fully disbursed as of the end of each reporting period are required to submit a financial report to EDA annually on the status of un-reimbursed obligations. The report will provide information on the amount of allowable project expenses that have been incurred by the Recipient but not claimed for reimbursement as of the end of the reporting period. The report will be as of September 30 of each year and must be submitted annually until the final grant payment is made by EDA. The report shall be submitted to EDA no later than October 30 of each year. Noncompliance with this requirement will result in the suspension of ED A grant disbursements. Standard Form 269A, Financial Status Report, will be used for this purpose. Instructions for completing and filing the report will be furnished to the Recipient at least 60 days before the report is due. .~ ..., Special Conditions EXHIBIT "A" Page 3 Award No. 04-01-05375 6. PRESERVATION OF OPEN COMPETITION AND GOVERNMENT NEUTRALITY TOWARDS GOVERNMENT CONTRACTORS' LABOR RELATIONS ON FEDERAL AND FEDERALLY FUNDED CONSTRUCTION PROJECTS: Pursuant to E.O. 13202, "Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federal Funded Construction Projects," unless the Project is exempted under section 5( c) of the order, bid specifications, project agreements, or other controlling documents for construction contracts awarded by Recipients of grants or cooperative agreements, or those of any construction manager acting on their behalf, shall not: a) include any requirement or prohibition on Bidders, Offerors, Contractors, or Subcontractors about entering into or adhering to agreements with one or more labor organizations on the same or related construction Project(s); or b) otherwise discriminate against Bidders, Offerors, Contractors, or Subcontractors for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations, on the same or other related construction Project(s). 7. ENGINEERING CERTIFICATE/CERTIFICATE OF TITLE: The Recipient, prior to Solicitation of bids for construction of this Project, shall furnish to the Government an acceptable Engineering Certificate showing all lands, rights-of way and easements necessary for construction of this Project along with an acceptable Certificate of Title on said lands, rights-of way and easements showing good and merchantable title free of mortgages or other forec1osable liens. 8. CONSTRUCTION START: If significant construction (as determined by EDA) is not commenced within two years of approval of the project or by the date estimated for start of construction in the grant award (or the expiration of any extension granted in writing by EDA), whichever is later, the EDA grant will be automatically suspended and may be terminated if EDA determines, after consultation with the grant recipient, that construction to completion cannot reasonably be expected to proceed promptly and expeditiously. 9. AWARD DISBURSEMENTS: EDA will make award payments using the Department of Treasury's Automated Standard Application for Payments (ASAP) system. The recipient is required to furnish documentation as required by ASAP includi~g but not limited to Recipient and Requestor Identification Numbers. Complete information concerning the ASAP system may be obtained by visiting http://www.fms.treas.gov/asap. 10. ARCHITECT/ENGINEER AGREEMENT: Prior to the disbursement of funds by EDA, the Recipient shall submit to the Government for approval an ArchitectlEngineer agreement that meets the requirements of Section I of the EDA publication, "Requirements for Approved Projects," as well as the competitive procurement standards of 15 CFR Part 24 or 15 CFR Part 14, as applicable. The fee for basic ArchitectlEngineer services shall be a lump sum or an agreed maximum and no part of the fees for other services shall be based upon a cost-plus-a- percentage-of-cost or a cost using a multiplier. \.,t. ....,¡ Special Conditions EXHIBIT "A" Page 4 Award No. 04-01-05375 1-1. ENVIRONMENTAL: Prior to invitation for bids, the Recipient shall furnish evidence satisfactory to the Government that a biological survey and assessment has been conducted by a qualified biological consultant for the entire project site. These evaluations shall investigate the presence or likelihood of State and Federal listed, threatened or endangered species. The results of this survey shall be concurred in by the U.S. Fish and Wildlife Service (FWS). The Recipient further agrees that no construction shall take place until the FWS has approved the final plans and specifications. 12. ENVIRONMENTAL: Prior to invitation for bids, the Recipient shall furnish evidence satisfactory to the Government that the US Army Corps of Engineers (Corps) 404 Permit has been obtained and that environmental mitigation set forth by that permit has been incorporated into the plans and specifications. The Recipient shall also furnish evidence that all mitigation stipulated in the Florida Department of Environmental Protection permit for this project has been accomplished. 13. ENVIRONMENTAL: Prior to bid advertisement, the Recipient shall provide evidence satisfactory to the Government that the requirements set forth in the State Single Point of Contact Clearance Letter have been complied with. 14. PROPERTY MANAGEMENT STANDARDS: In affirming this Award, the Recipient acknowledges its responsibility to use the real property acquired or improved by this A ward in accordance with Title 13 Code of Federal Regulation, Part 314 only for the authorized and specific purpose of an industrial park in order to sell, lease, or otherwise convey parcels of the improved property to serve that purpose. The sales agreements and deeds of conveyance shall include a covenant prohibiting the use of the property for any purpose other than the general and special purpose of the grant as approved. The instrument containing the covenant shall be recorded in accordance with the requirements of 13 CFR Part 314. 15. INDUSTRIAL PARK OR PORT PROJECTS: The Recipient, prior to the final disbursement of grant funds by the Government, shall submit an executed "Assurance of Compliance" and a Form ED-6l2 from each entity which owns, leases, occupies or is about to occupy space in said Industrial Park or Port Facility and which entity was not previously identified with the application for Federal assistance. \w' ''wJI Form ED-508 (Rev. 3/89) U.S. DEPARTMENT OF COMMERCE ATTACHMENT NO. 1 ECONOMIC DEVELOPMENT ADMINISTRA nON PUBLIC WORKS PROJECT COST CLASSIFICATIONS EDA Investment No. 04-01-05375 State: Florida County: St. Lucie Cost Classification Proposed Approved Administrative and legal expenses $ 25,000 $ 25,000 Land, structures, and rights-of-way appraisals, etc. Relocation expenses and payments (Cost incidental to transfer of titles) Architectural and engineering fees 375,000 375,000 Other architectural and engineering fees 54,000 54,000 Project inspection fees and audit 140,000 140,000 Site Work Demolition and removal Construction 4,396,000 4,396,000 Equipment Miscellaneous Contingencies 554,000 554,000 TOTAL PROJECT COSTS 5,544,000 5,544,000 Remarks: ~ ....; MARCH, 1999 Exhibit "B" u. S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION STANDARD TERMS AND CONDITIONS Title II Public Works and Development Facilities and" Economic Adjustment Construction Components \...t "wi Page INTRODUCTION ................. ....... ...... ....... ............................. ................ ........ . .. . . ........ ...... 1 A. STATUTORY AND EXECUTIVE ORDER REQUIREMENTS .................................. ............ I B. FINANCIAL REQUIREMENTS ................................................... ....................... 5 1. Financial Reports ....................................................................... ............... ....... 5 2. Award Paytnents ............................................................................................. 5 3 Federal and Non-Federal Sharing .................................................................... 6 4. Budget Changes and Transfer of Funds Among Categories ............... ............ 6 5. Indirect Costs .............. ......... ......................................................... . . . . ......... . . . .... 6 6. Incurring Costs or Obligating Federal Funds Beyond the Expiration Date........ 7 7. Tax Refunds ......... ................................................................ ............. . . . . ........ . ... 8 8. Incurring Cost Prior to A ward..........,.......................................... ...... 8 C. PROGRAMMATIC REQUIREMENTS ........................................................... ...... 8 1. Reporting Requirements ..................................................................... ............. 8 2. Unsatisfactory Perfonnance ...... ............................... ............. ......... . .. . . .......... .... 9 3. Programmatic Changes .......................................................................... ............ 11 4. Other Federal Awards with Similar Programmatic Activities .............. ........ ..... 11 5. Program Income ........................................................................................... ..... 11 6. Use of Third Parties to Solicit or Secure This Award ................................ ....... 12 7. Consultant and Attorney's Fees ............................ ............ .................... . .. . .... . .... 12 8. Member of Congress/Resident Federal Commissioner Restriction ............ ...... 12 9. Hold Harmless Requirement ..... ................................................ . .. . .......... . ........ 12 10. Alienation Restriction .................................................................... .................. 13 11. Taxpayer Identification Number Requirement .............................. ............. ...... 13 D. NON-DISCRIMINATION REQUIREMENTS ..... .................................................. 13 1. Statutory Provisions ...................................................................... ........... ......... 13 2. Other Provisions ........ ....... ..... ....... ............................................. . . . . ..... ...... . ........ 14 E. AUDITS .......................................................................................................... ......... 14 1. Organization-Wide and Project Audits ................................................. ........... 14 2. Audit Resolution Process ....................................................................... ... ........................... 15 ~ ....; ii Page F . DEBTS........................................... ......................... ........................................ . ........ 16 1. Payment of Debts Owed the Federal Government ................... ............. ........... 16 2. Late Payment Charges ..................................................................... ......... ...... 16 G. NAME CHECK. ....................... ...... ......... ..... ....................... ................. .......... ........... 17 1. Results ofN ame Check .............. ........ ..... ............................................ ... . ........... 17 2. Action(s) Taken as a Result of Name Check Review............................... ......... 17 H. LOBBYING RESTRICTIONS ................................................................................. 17 1. Statutory Provisions ........................................................................... ............... 17 2. Disclosure of Lobbying Activities ....................................................... .............. 18 3. Subaward, Contract, and Subcontract ................................................... ............. 18 I. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE ........................................... 19 J. SUBA WARD AND/OR CONTRACT TO A FEDERAL AGENCy............. ......... 19 K. PROPERTY MANAGEMENT ....................................................................... ......... 20 1. Standards.................................... ................................................ . . . . ................... 20 2. Retention of Title ............................................................................. ................. 20 3. Disposal of Real Property .. ................................................................ . ... .......... 20 4. ED A's Interest in Award Property........................................................... ......... 20 5. Leasing Restrictions ............. ..................:............................................. . .. .. ......... 21 ~ '..I ECONOMIC DEVELOPMENT ADMINISTRATION STANDARD TERMS AND CONDITIONS Title II Public Workš and Development Facilities and Title II Economic Adjustment Construction Components For the purpose of these Standard Terms and Conditions, unless the context otherwise requires, (a) the term "Government" refers to the Economic Development Administration (EDA); (b) the term "Recipient" refers to the recipient of Government funds under the Agreement to which this attachment is made a part; (c) the tenn "Department" and "DoC" refer to the Department of Commerce; and (d) the term "regional office" refers to the appropriate Regional Office of the Economic Development Administration, i.e., the office administering the award. The Public Works and Economic Development Act of 1965, and its amendments (42 V.S.C. 3121, et seq.), including the comprehensive amendment of the Economic Development Reform Act of 1998 (P.L. 105-393) are hereinafter referred to as PWEDA. A. Statutory and Executive Order Requirements Some of the terms and conditions herein contain, by reference or substance, a summary of the pertinent statutes, or regulations published in the Federal Register or Code of Federal Regulations (CFR), Executive Orders (EO) or OMB Circulars (Circular). To the extent that it is a summary, such term or condition is not in derogation of, or an amendment to, any such statute, regulation, EO or Circular. All statutes, regulations, EOs or Circulars whether or not referenced herein are to be applied as amended on the date they are administered. 1. The Recipient and any subrecipients must, in addition to the Assurances made as a part of the application, comply and require each of its contractors and subcontractors employed in the completion of the project to comply, with all applicable Federal, state, territorial, and local laws, and in particular the following Federal Public Laws, the regulations issued there under, and Executive Orders and Office of Management and Budget (OMB) Circulars: a. The Public Works and Economic Development Act of 1965, P.L. 89-136, as amended (42 V.S.C. 3121, et. seq.), including the comprehensive amendment of the Economic Development Refonn Act of 1998 (P.L. 105-393), and regulations in 13 CFR, Chapter III; b. The Davis-Bacon Act as amended (40 D.S.C. 276a to 276a (5); 42 V.S.C. 3212); c. The Contract Work Hours and Safety Standards Act, as amended (40 V.S.C.327-333); d. The Copeland "Anti-Kickback" Act, as amended (40 V.S.C. 276(c); (18 V.S.C. 874); e. The Clean Air Act, as amended (42 V.S.C. 7401, et seq.); \..; '....,J 2 f. The Clean Water Act (The Federal Water Pollution Control Act, as amended) (33 V.S.C. 1251, et seq.); g. The Endangered Species Act of 1973, as amended (16 V.S.C. 1531, et seq.); h. The Coastal Zone Management Act of 1972, as amended (16 D.S.C. 1451, et seq.); 1. The Safe Drinking Water Act of 1974, as amended (42 D.S.C. 300f-j26); J. The Energy Conservation and Production Act (applicable to construction of new residential and commercial structures) (42 D.S.C. 6801, et seq.); k. The Wild and Scenic Rivers Act, as amended, P.L. 90-542, (16 V.S.C. 1271, et seq.); 1. The Historical and Archeological Data Preservation Act, as amended (16 V.S.C. 469a-l, et. seq.); m. Executive Order 11990, Protection of Wetlands, May 24, 1977; n. P.L. 90-480, as amended (42 D.S.C. 4151, et seq.), and the regulations issued thereunder, prescribing standards for the design and construction of any building or facility intended to be accessible to the public or that may result in the employment of handicapped persons therein; o. The Vniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, P.L. 91-646, as amended (42 D.S.C. 4601, et seq.); and 15 CFR Part 11; p. The Flood Disaster Protection Act of 1973, P.L. 93-234, as amended (42 D.S.C. 4002, et seq.), and regulations and guidelines issued thereunder by the Federal Emergency Management Administration (FEMA) or the Economic Development Administration; q. Executive Order 11988, Floodplain Management, May 24, 1977, and regulations and guidelines issued thereunder by the Economic Development Administration; r. The National Environmental Policy Act of 1969, P.L. 91-190, as amended, and 42 D.S.C. Sec 4321 et seq.; s. The Lead-based Paint Poisoning Prevention Act (42 D.S.C. 4801 et seq.), P.L. 91-695, as amended; t. The Resource Conservation and Recovery Act of 1976, as amended, P.L. 94-580, (42 D.S.C. 6901); \,.t "wi 3 u. The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 V.S.C. 9601 et seq.) and the Superfund Amendments and Reauthorization Act of 1986, P.L. 99-499, as amended; v. The Drug-Free Workplace Act of 1988, P.L. 100-690, Title V, Subtitle D, and 15 CFR Part 26 (55 F.R. 21678, May 25, 1990) for projects approved on or after March 18, 1989; w. Restrictions on Lobbying, section 319 ofP.L. 101-121, 15 CFR Part 28, (55 F.R. 6736-6748, 2/26/90); x. Executive Order 12549, Debannent and Suspension, and 15 CFR Part 26, Govemmentwide Debannent and Suspension (Nonprocurement); y. American Indian Religious Freedom Act, P.L. 96-341 (42 V.S.C. Sec 1996); z. Environmental Quality Improvement Act of 1970, P.L. 91-244, as amended (42 U.S.C. Sec 4371-4374); aa. Executive Order 12088, Federal Compliance with Pollution Control Standards; bb. Executive Order 11514, Protection and Enhancement of Environmental Quality, as amended; cc. Executive Order 11593, Protection and Enhancement of the Cultural Environment; dd. Fannland Protection Policy Act, P.L. 97-98, as amended (7 V.S.C. 4201 et seq.); ee. Fish and Wildlife Coordination Act, P.L. 92-522, as amended (16 V.S.C. Sec 661 et seq.); ff. National Historic Preservation Act of 1966, P.L. 89-665, as amended and the Advisory Council on Historic Preservation Guidelines (16 V.S.C. Sec 470 et seq.); gg. Noise Control Act, P.L. 92-574, as amended (42 V.S.C. Sec 4901 et seq.); and hh. Environmental Justice in Minority Populations and Low Income Populations, Executive Order 12898 (February 11, 1994). 2. The Recipient agrees that, for the expected useful life of the facility assisted with this award, the project will be properly and efficiently administered, operated and maintained, as required by Section 504 ofP.L. 105-393 (42 V.S.c. 3194), for the purpose authorized by this award and in accordance with the terms, conditions, requirements and provisions of the award. If the Government detennines, at any time during the useful life of the facility, that the project is not being properly and efficiently administered, operated and maintained, the Government may . tenninate the award for cause and require the Recipient to repay the award. '-' ,..,¡ 4 3. This award is subject to P.L. 101-510, enacted November 5, 1990, section 1405, amending subchapter IV of Chapter 15, Title 31, United States Code, which prescribes the rules for determining the availability of appropriations. Accordingly, the grant funds obligated for this project will expire in five years fTom the end of the fiscal year of the grant award. 4. Pursuant to EO 12889, the DoC is required to notify the owner of any valid patent covering technology whenever the DoC or its financial assistance Recipients, without making a patent search, knows (or has demonstrable reasonable grounds to know) that technology covered by a valid United States patent has been or will be used without a license fTom the owner. To ensure proper notification, if the Recipient uses or has used patented technology under this A ward without a license or pennission fTom the owner, the Recipient must notify the DoC Patent Counsel at the following address, with a copy to EDA: Department of Commerce Office of Chief Counsel for Technology Patent Counsel 14th Street and Constitution Avenue, NW, Room H-4613 Washington, DC 20230 The notification should include the award number, the name of the DoC awarding agency, a copy of the patent, a description of how the patented technology was used, and the name of the Recipient contact, including an address and telephone number. 5. For use for new building construction projects: The Recipient is aware of and intends to comply with one of the three model codes outlined by the Committee on Seismic Safety in Constru~tion (JCSSC): 1991 ICBO Uniform Building Code 1992 Supplement to the BOCA National Building Code 1991 Amendments to the SBCC Standard Building Code 6. Recipients are hereby notified that they are encouraged, to the greatest extent practicable, to purchase American-made equipment and products with funding provided under this Award. 7. The Recipient must furnish evidence satisfactory in fonn or substance to the Government that title to real property (other than property of the United States and those limited cases as provided in 13 CFR 314.7(c», is vested in the Recipient and that such easements, rights-of-way, state pennits, or long-tenn leases, as are required for the project have been or will be obtained within an acceptable time as detennined by the Government. All liens, mortgages, other encumbrances, reservations, reversionary interests, or other restrictions on title or the Recipient's interest in the property must be disclosed to EDA. No such encumbrances or restrictions will be acceptable if, as detennined by the Government, the encumbrance or restriction will interfere with the construction, use, operation or maintenance of the project during its estimated useful life or except when a waiver has been granted by the Assistant Secretary or his\her designee. ~ '-i 5 B. FINANCIAL REQUIREMENTS I. Financial Reports a. The Recipient must submit an "SF-271, Outlay Report and Request for Reimbursement (ED-I 13) no more frequently than quarterly to report outlays. A final SF-271 is toh submitted within 90 days after the expiration date of the award. b. The Recipient must submit a "Federal Cash Transactions Report" (SF-272) for each award where funds are advanced to Recipients. The SF-272 is due 15 working days followingth end of each calendar Quarter for awards under $1 million; or 15 working days following.tl'l end of each month for awards over $1 million; or unless otherwise specified in a sp~ci award condition. . c. All Recipients of an EDA grant award of more than $100,000 whose grant has not been full. disbursed as of the end of each reporting period are required to submit a financial reportt· EDA annually on the status of unreimbursed obligations. The report will provid infonnation on the amount of allowable project expenses that have been incurred bytl1 Recipient but not claimed for reimbursement as of the end of the reporting period.)1I· report will be as of September 30 of each year and must be submitted annually until thefinål. grant payment is made by EDA. The report will be submitted to EDA no later than Octôbej- 30 of each year. Noncompliance with this requirement will result in the suspension of ED grant disbursements. Standard Fonn 269A, Financial Status Report, will be used for this?; purpose. Instructions for completing and filing the report will be furnished to the Recipient}; at least 60 days before the report is due. d. All financial reports are to be submitted to the regional office. 2. Award Payments a. Unless otherwise specified in a special award condition, the method of payment forth.~ award will be through advance or reimbursement. b. The Recipient must submit an "Outlay Report and Request for Reimbursement, SF-271!! (ED-1l3) no more frequently than monthly to request payment. The SF-271 is to be}! submitted to the regional office. c. Payments will be made via electronic transfer, which transfers funds directly to a Recipientf bank account. The Recipient must complete a payment infonnation form and return it toth regional office. The award number must be included on the payment information form. . d. Advances will be limited to the minimum amounts necessary to meet immediate disbursement needs. Advanced funds not disbursed in a timely manner will be promptl returned to EDA. Advances will be approved for periods not to exceed 30 days'TI1~ regional office determines the appropriate method of payment. If a Recipient demonstrates '--' ..., 6 an unwillingness or inability to establish procedures which will minimize the time elapsing between the transfer of funds and disbursement or if the Recipient otherwise fails to continue to qualify for the advance method payment, the regional office may change the method of payment to reimbursement only. 3. Federal and Non-Federal Sharing a. The EDA participation in total eligible project costs will be limited to the EDA grant amount or the EDA share of total allowable project costs based on the area's grant rate eligibility at the time of award, whichever is less. b. The non-Federal share, whether cash or in-kind, is expected to be paid out at the same general rate as the Federal share and must be committed at the time of Award and available over the life of the Award. Cash or in-kind contributions, fairly evaluated by EDA, including contributions of space, equipment, and services, may provide the non-Federal share of the project cost. In-kind contributions must be eligible project costs and meet applicable Federal cost principles and unifonn administrative requirements. Exceptions to this requirement may be granted by EOA based on sufficient documentation demonstrating previously detennined plans for or later commitment of cash or in-kind contributions. 4. Budget Changes and Transfer of Funds Among Categories a. Requests for budget changes to the approved estimated budget in accordance with the provision noted below must be submitted to the regional office for review and recommendation. EOA will make the final detennination on such requests and notify the Recipient in writing. b. Transfer of funds by the Recipient among direct cost categories are pennitted with the written approval of EOA. Transfers will not be pennitted if such transfers would cause the Federal grant, or part thereof, to be used for purposes other than those intended. c. The addition of a new line item to the approved budget must be approved in writing by EOA. Such an addition presents a rebuttable presumption of change of scope. d. The Recipient is not authorized at any time to transfer amounts budgeted for direct costs to the indirect costs line item and vice versa, except with the written prior approval ofEOA. 5. Indirect Costs a. Indirect costs will not be allowable charges against the award unless specifically included as a line item in the approved budget incorporated into the award. b. Excess indirect costs may not be used to offset unallowable direct costs. ~ ....,. 7 c. If the Recipient has not previously established an indirect cost rate with a Federal agency, the negotiation and approval of a rate is subject to the procedures in the applicable cost principles and the following subparagraphs: (1) The Office oflnspector General (OIG) is authorized to negotiate indirect cost rates on behalf of EDA for those organizations for which DoC is the cognizant agency. The 01G will negotiate only fixed rates. The Recipient must submit to the 01G within 90 days of the award start date, documentation (indirect cost proposal, cost allocation plan, etc.) necessary to establish such rates. The Recipient must provide the EDA regional office with a copy of the transmittal letter to the OIG. (2) When an oversight or cognizant Federal agency other than DoC has responsibility for establishing an indirect cost rate, the Recipient must submit to that oversight or cognizant Grants Officer within 90 days of the award start date the documentation (indirect cost proposal, cost allocation plan, etc.) necessary to establish such rates. The Recipient must provide both the regional office and the DoC OIG with a copy of the transmittal letter to the cognizant Grants Officer. (3) If the Recipient fails to submit the required documentation to the OIG or other oversight or cognizant Grants Officer within 90 days of the award start date, the EDA regional office will amend the award to preclude the recovery of any indirect costs under the award. If the DoC 01G or EDA determines there is a finding of good and sufficient cause to excuse the Recipient's delay in submitting the documentation, an extension of the 90-day due date may be approved by EDA. (4) Regardless of any approved indirect cost rate applicable to the award at the time of award, the maximum dollar amount of allocable indirect costs for which EDA will reimburse the Recipient shall be the lesser of: (a) The line item amount for the Federal share of indirect costs contained in the approved budget of the award; or (b) The Federal share of the total allocable indirect costs of the award based on the negotiated rate with the cognizant Grants Officer as established by audit or negotiation. 6. Incurring Costs or Obligating Federal Funds Beyond the Expiration Date a. The Recipient must not incur costs or obligate funds for any purpose pertaining to the operation of the project, program or activities beyond the expiration date stipulated in the award. The only costs, which are authorized for a period of up to 90 days following the award expiration date, are those strictly associated with closeout activities. Closeout activities are limited to the preparation of final reports. ~ ~ 8 b. Any extension of the award period can only be authorized by the EDA Assistant Secretary or his/her designee. Verbal or written assurances of funding from other than EDA's Assistant Secretary or his/her designee does not constitute authority to obligate funds for programmatic activities beyond the expiration date. c. EDA has no obligation to provide any additional funding. 7. Tax Refunds Refunds of FICNFUT A taxes received by the Recipient during or after the award period must be refunded or credited to EDA where the benefits were financed with Federal funds under the award. The Recipient agrees to contact the regional office immediately upon receipt of these refunds. The Recipient further agrees to refund portions of FICNFUT A taxes detennined to belong to the Federal Government, including refunds received after the expiration of the award. 8. Incurring Costs Prior to Award Recipients that incurred any project costs prior to a grant award being made by EDA did so at the risk of not being reimbursed; however, EDA may, at its sole discretion, pay for project costs incurred prior to grant award. Such costs must included in the approved project budget and be allowable costs under Federal cost principles and the grant award. C. PROGRAMMATIC REQUIREMENTS 1. Reporting Requirements a. Financial and perfonnance (technical) reports must be submitted in accordance with the procedures in 15 CFR Part 24 or 15 CFR Part 14, as applicable, and the schedule indicated below. Failure to submit required reports in a timely manner may result in the withholding of payments under this award or deferring the processing of new awards, amendments, or supplemental funding pending the receipt of the overdue report(s), and/or establishing an accounts receivable for the difference between the total Federal share of outlays last reported and the amount disbursed. b. Project perfonnance reports are to be submitted for each calendar quarter. The project perfonnance report will be due not later than January 15, April 15, July 15 and October 15 for the immediate previous quarter. The report submission dates are to be no more than 30 days after the due date, with a due date of 90 days after expiration of the award. This reporting requirement begins with the Recipient's acceptance of the award and ends when the final project disbursement is approved. The project perfonnance report should be submitted to the regional office. '-' ...., 9 c. Recipients of awards which involve both Federal financial assistance valued at $500,000 or more and procurement of supplies, equipment, construction, or services are required to submit the SF-334, "Minority Business Enterprise/Women Business Enterprise Utilization Under Federal Grants, Cooperative L\.greements, and Other Federal Financial Assistance." Reports are to be submitted on a quarterly basis for the period ending March 31, June 30, September 30, and December 31. Reports are due no later than thirty (30) days following the end of the reporting period during which any procurement in excess of $10,000 is executed under this award. The report should be submitted in duplicate to the regional office. Any questions concerning this report should be directed to the regional office. d. Perfonnance Measures: The Recipient agrees to report on program perfonnance and project outcomes in such fonn and at such intervals as may be prescribed by EDA in compliance with the Government Perfonnance and Results Act of 1993 and P. L. 105-393. The perfonnance measures that apply to this project are included with and made a part of the grant award package. EDA will advise the Recipient in writing, within a reasonable period prior to time of submission, in the e\.'ent there are any modifications in the perfonnance measures. 2. Unsatisfactory Performance a. Recipient will comply with the administrative, procedural and policy requirements contained in applicable EDA regulations in effect at time of their application. b. The Government reserves the right to suspend the award and withhold further payments, or prohibit the Recipient fÌ'om incurring additional obligations, pending corrective action by the Recipient or a decision by the Government to tenninate the award unless the project is completed to the satisfaction of the Government. c. The Government has the right to tenninate for cause all or any part of its obligation hereunder if: (1) Any representation made by the Recipient to the Government in connection with the application for Government assistance is incorrect or incomplete in any material respect. (2) The intent and purpose and/or the economic feasibility of the project is changed substantially so as to affect significantly the accomplishment of the project as intended. (3) The Recipient has violated commitments it made in its application and supporting documents or has violated any of the tenns and conditions of this award. (4) Any official, employee or agent, member of immediate family, partner, or an organization which employs or is about to employ any of the above of the Recipient becomes directly interested financially in the acquisition of any materials or equipment, or in any construction for the project, or in the furnishing of any service to or in connection with the project, or any benefit arising there fÌ'om. ~. 'wII 10 (5) The Recipient fails to report immediately to the Government any change of authorized representative(s) acting in lieu of or on behalf of the Recipient. d. The obligations hereunder may be tenninated for convenience if: (1) Both the Recipient and the Government agree that continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. (2) Both the Recipient and the Government agree upon the tennination conditions, including the effective date, and in the case of partial tennination, the portion to be tenninated. (3) The Recipient agrees to incur no new obligations for the tenninated portion after the effective date and to cancel or satisfy all outstanding obligations as of that date. e. The Recipient has the sole authority and full responsibility, without recourse to the Federal Government or any of its agencies, for the settlement and satisfaction of all contractual and administrative issues arising out of this award. £ The. Recipient hereby agrees that the Government may, at its option, withhold disbursement of any award funds if the Government learns or has knowledge that the Recipient has failed to comply in any manner with any provision of the award. The Government will withhold funds until the violation or violations have been corrected to the Government's satisfaction. The Recipient further agrees to reimburse the Government for any ineligible costs, which were paid from award funds, or if the Recipient fails to reimburse the Government, the Government shall have the right to offset the amount of such ineligible costs from any undisbursed award funds held by the. Government. The Recipient agrees to repay the Government for all ineligible costs incurred in connection with the project and paid rrom the award including, but not limited to, those costs detennined to be ineligible if the Government learns of any award violations after all award funds have been disbursed. g. The Recipient hereby agrees, in the event a beneficiary of the EDA assisted project fails to comply in any manner with certifications, assurances, or agreements that such beneficiary has entered into in accordance with EDA requirements, that the Recipient will reimburse the Government the award amount or an amount to be detennined by the Government pursuant to 13 CFR Part 314. Where the Government detennines that the failure of the beneficiary to comply with EDA requirements affects a portion of the property benefited by the award, the Recipient will reimburse the Government proportionately: h. If a recipient materially fails to comply with the tenns and conditions of an award, whether stated in a Federal statute, regulation, assurance, application, or notice of award, the Grants Officer may, in addition to imposing any of the special conditions outlined in 15 CFR § 14.14, take one or more of the following actions, as appropriate in the circumstances: ~. . ...,; 11 (I) Temporarily withhold payments of funds pending correction of the deficiency by the recipient or more severe enforcement action by the Grants Officer after coordination with the DoC operating unit. (2) Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. (3) Wholly or partly suspend or tenninate the current award. (4) Withhold further awards for the project or program. (5) Take other remedies that may be legally available. 3. Programmatic Changes a. The Recipient must not make any programmatic changes to the award without prior written approval by EDA. b. Any requests by the Recipient for programmatic changes must be submitted to EDA for review and approval. The Assistant Secretary or his/her designee will make the final detennination and notify the Recipient in writing. 4. Other Federal Awards with Similar Programmatic Activities The Recipient must immediately provide written notification to EDA in the event that, subsequent to receipt of the EDA award, other Federal financial assistance is received relative to the scope of work ofthe EDA award. 5. Program Income a. For projects that create long-tenn rental revenue, i.e., buildings or real property constructed or improved for the purpose of renting or leasing space (e.g., building sites), the Recipient agrees to use such income generated from the rental or lease of the project facility(ies), in the following order of priority: (1) Administration, operation, maintenance and repair of the project facilities for their useful life (as detennined by EDA) in a manner consistent with good property management practice and in accord with the established building codes. This includes, where applicable, repayment of indebtedness resulting from any legal encumbrance (e.g., approved mortgage) on the EDA assisted facility. (2) Economic development activities that are authorized for support by EDA; provided such activities are within the EDA eligible area. - "" "'wII 12 b. Prior to the final disbursement of grant funds, the Recipient will develop and furnish to EDA for approval, an income reutilization plan that demonstrates that the funds generated from the EDA project will be expended for the purposes established above. Any changes made to the plan during the useful life of the project must also be submitted to EDA for its review and approval. 6. Use of Third Parties to Solicit or Secure This EDA Award Unless otherwise specified in the Special Conditions to the EDA grant award, the Recipient warrants that no person or selling agency has been employed or retained to solicit or secure this award upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by the Recipient for the purpose of securing business. For breach or violation of the warrant, the Government has the right to annul this award without liability, or at its discretion, to deduct from the award sum, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7. Consultant and Attorney's Fees The Recipient hereby agrees that no funds made available :trom this A ward will be used, directly or indirectly, for paying attorneys' or consultants' fees in connection with securing awards made by the Government, such as, for example, preparing the application for this assistance. However, attorneys' and consultants' fees incurred for meeting Award requirements, such as, for example, conducting a title search or preparing plans and specifications, may be eligible project costs and may be paid out of the funds made available trom this A ward, provided such costs are otherwise eligible. 8. Member of Congress/Resident Federal Commissioner Restriction No member of or delegate to Congress or resident Federal Commissioner will be admitted to any share or part ofthis award or to any benefit that may arise there :trom; but this provision will not be construed to extend to this award if made to a corporation, education, or nonprofit institution for its general benefit. 9. Hold Harmless Requirement To the extent permitted by law, the Recipient agrees to indemnify and hold the Government harmless :trom and against all liabilities that the Government may incur as a result of providing an award to assist, directly or indirectly, preparation of the project site or construction, renovation, or repair of any facility on the project site, to the extent that such liabilities are incurred because of toxic or hazardous contamination or groundwater, surface water, soil, or other conditions caused by operations of the Recipient or any of its predecessors (other than the Government or its agents) on the property. '"", ...., 13 10. Alienation Restriction Notwithstanding any other provision of the award, the Recipient will not transfer, pledge, mortgage, or otherwise assign the award, 'or any interest therein, or any claim arising there under, to any party or parties, bank trust companies, or other financing or financial institutions. 11. Taxpayer Identification Number Requirement A Recipient classified for tax purposes as an individual, partnership, proprietorship, or medical corporation, is required to submit a taxpayer identification number (TIN) (either social security number or employer identification number as applicable) on Form W-9, "Payer's Request for Taxpayer Identification Number." Tax-exempt organizations and corporations (with the exception of medical corporations) are excluded from this requirement. Form W-9 is to be submitted to the regional office within 60 days of the award start date. The TIN will be provided to the IRS by EDA on Form 1099-G, "Statement for Recipients of Certain Government Payments." Applicable Recipients who either fail to provide their TIN or provide an incorrect TIN may have funding suspended until the requirement is met. Disclosure of a Recipient's TIN is mandatory for Federal income tax reporting purposes under the authority of 26 U .S.C., Section 6011 and 6109(d), and 26 CFR, Section 301.6109-1. This is to ensure the accuracy of income computation by IRS. This information will be used to identify an individual who is compensated with DoC funds or paid interest under the Prompt Payment Act. D. NONDISCRIMINATION REQUIREMENTS No person in the United States can, on the ground of race, color, national origin, handicap, religion, or sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance. The Recipient agrees to comply with the nondiscrimination requirements below and any statutes, regulations, and EOs whether or not referenced, herein to be applied on the date they are administered: 1. Statutory Provisions a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. P.L. 105-393§ 2000d et seq.) and DoC implementing regulations published at 15 CFR Part 8 which prohibit discrimination on the grounds of race, color, or national origin under programs or activities receiving Federal financial assistance; b. Title IX of the Education Amendments of 1972 (20 U.S.c. §§ 1681 et s.eq.) prohibiting discrimination on the basis of sex under Federally assisted education programs or activities; c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) and DoC implementing regulations published at 15 CFR Part 8b prohibiting discrimination on the basis of handicap under any program or activity receiving or benefiting from Federal assistance; - \.- ...., 14 d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.) and DoC implementing regulations published at 15 CFR Part 20 prohibiting discrimination on the basis of age in programs or activities receiving Federal financial assistance; e. The Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.) prohibiting discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto, as well as public or private entities that provide public transportation; and f. Any other nondiscrimination provisions of statutory law. 2. Other Provisions a. Executive Orders 11114, 11246, 11375, and 12086; b. Construction Contractors Affinnative Action Requirements, 41 CFR Part 60-4; and c. 13 CFR Part 317, civil rights requirements for Recipients. E. AUDITS Under the Inspector General Act of 1978, as amended, 5 U.S.C. App. I, section 1 et seq., an audit of the award may be conducted at any time. The Inspector General of the DoC, or any of his or her duly authorized representatives, has access to any pertinent books, documents, papers and records of the Recipient, whether written, printed, recorded, produced or reproduced by any mechanical, magnetic or other process or medium, in order to make audits, inspections, excerpts, transcripts or other examinations as authorized by law. Wl;1en the OIG requires a project audit, the OIG will usually make the arrangements to audit the award, whether the audit is perfonned by OIG personnel, an independent accountant under contract with the DOC, or any other Federal, state or local audit entity. 1. Organization-Wide, Program Specific, and Project Audits a. Organization-wide or program-specific audits will be perfonned in accordance with the Single Audit Act Amendments of 1996, as implemented by OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations." Recipients that are subject to the provisions of OMB Circular A-133 and that expend $300,000 or more in a year in Federal awards will have an audit perfonned in accordance with the requirements contained in OMB Circular A-133. Additionally, when required under a special award condition, a project audit will be perfonned in accordance with Federal Government auditing standards. b. The Recipient must submit copies of audits to each Grants Officer that directly provides funds. Audits must be submitted to the DoC OIG at the following address with a copy of the transmittal letter to the EDA regional office: '-" """ 15 Office of Inspector General U.S. Department of Commerce Atlanta Regional Office of Audits 401 West Peachtree, NW, Suite 2742, Atlanta, Georgia 30308 c. Recipients expending Federal awards over $300,000 a year and having audits conducted in accordance with OMB Circular A-133 must also submit a copy of organization-wide or program specific audits to the Bureau of the Census, which has been designated by OMB as a central clearinghouse. The address is: Federal Audit Clearinghouse Bureau of the Census 1201 E. 10th Street Jeffersonville, IN 47132 2. Audit Resolution Process a. An audit of the award may result in the disallowance of costs incurred by the Recipient and the establishment of a debt (account receivable) due EDA. For this reason, the Recipient should take seriously its responsibility to respond to all audit findings and recommendations with adequate explanations and supporting evidence whenever audit results are disputed. b. A Recipient whose award is audited has the following opportunities to dispute the proposed disallowance of costs and the establishment of a debt: (1) Unless the Inspector General determines otherwise, the Recipient has 30 days ITom the date of the transmittal of the draft audit report to submit written comments and documentary evidence. (2) The Recipient has 30 days from the date of the transmittal of the final audit report to submit written comments and documentary evidence. There will be no extension of this deadline. (3) EDA will review the documentary evidence submitted by the Recipient and notify the Recipient of the results in an Audit Resolution Determination Letter. The Recipient has 30 days ITom the date of receipt of the Audit Resolution Determination Letter to submit a written appeal. There will be no extension of this deadline. The appeal is the last opportunity for the Recipient to submit written comments and documentary evidence that dispute the validity of the audit resolution determination. In addition, an appeal does not preclude the Recipient's obligation to pay a debt that may be established nor does the appeal preclude the accrual of interest on a debt. '- ....", 16 (4) EDA will review the Recipient's appeal and notify the Recipient of the results in an Appeal Detennination Letter. After the opportunity to appeal has expired or after the appeal detennination has been rendered, EDA will not accept any further documentary evidence from the Recipient. There will be no other administrative appeals available in EDA. F. DEBTS 1. Payment of Debts Owed the Federal Government Any debts detennined to be owed, the Federal Government must be paid promptly by the Recipient. A debt will be considered delinquent if it is not paid within 15 days of the due date. Failure to pay a debt by the due date shall result in the imposition of late payment charges as noted below. In addition, failure to pay the debt or establish a repayment agreement by the due date will also result in the referral of the debt for collection action and may result in DoC taking further action as specified in the standard tenn and condition entitled "Unsatisfactory Perfonnance." The Recipient may also be suspended or debarred from further Federal financial and non-financial assistance and benefits, as provided in 15 CFR Part 26, "Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug- Free Workplace (Grants)" until the debt has been paid in full or until a repayment agreement has been approved and payments are made in accordance with the agreement. Payment of a debt may not come from other Federally sponsored programs. Verification that other Federal funds have not been used will be made during future program visits and audits. 2. Late Payment Charges a. An interest charge will be assessed on ,the delinquent debt (over 15 days) as established by the Debt Collection Act of 1982, as amended. The minimum annual interest rate to be assessed is the Department of the Treasury's Current Value of Funds Rate. This rate is published in the Federal Register by the Department of the Treasury. The assessed rate remains fixed for the duration of the indebtedness. b. A penalty charge will be assessed on any portion of a debt that is delinquent for more than 90 days, although the charge will accrue and be assessed from the date the debt became delinquent. c. An administrative charge will be assessed to cover processing and handling the amount due. d. State and local governments are not subject to penalty and administrative charges. \.; ...." 17 G. NAME CHECK A name check review must be perfonned by the OIG on key individuals associated with nonprofit organizations, unless an exemption has been authorized by the Inspector General. Both officials of state and local governments and officials of accredited coJIeges and universities who are acting on behalf of their respective entities in applying for assistance are exempt from the name check requirement. In addition, aJI elected officials of state and local governments who are serving in ex- officio capacities when applying for assistance are exempt. 1. Results of Name Check EDA reserves the right to take any of the actions described in G.2.below, if any of the foJIowing occurs as a result of the name check review: a. A key individual fails to submit the required fonn "Identification - Applicant for Funding Assistance" (CD-346). b. A key individual made an incorrect statement or omitted a material fact on the CD-346; or c. The name check reveals significant adverse findings that reflect on the business integrity or responsibility of the Recipient and/or key individual. 2. Action(s) Taken as a Result of Name Check Review If any situation noted in G.1. above occurs, EDA, at its discretion, may take one or more of the foJIowing actions: a. Consider tennination for cause of the award; b. Require the removal of any key individual from association with the management of and/or implementation ofthe award; and/or c. Make appropriate provisions or revisions at EDA's discretion with respect to the method of payment and/or financial reporting requirements. H. LOBBYING RESTRICTIONS 1. Statutory Provisions The Recipient must comply with the provisions of Section 319 of P.L. 101-121, which added Section 1352 to Chapter 13 of Title 31 of the United States Code, and DoC implementing regulations published at 15 CFR Part 28, "New Restrictions on Lobbying." These provisions generaJIy prohibit the use of Federal funds for lobbying the Executive or Legislative Branches of the Federal government in connection with the award, and require the disclosure of the use of non-Federal funds for lobbying. '-' ....., 18 2. Disclosure of Lobbying Activities The Recipient receiving in excess of $100,000 in Federal funding must submit a completed "Disclosure of Lobbying Activities" (SF-LLL) regarding the use of non-Federal funds for lobbying. The SF-LLL must be submitted within 30 days following the end of the calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. The Recipient must submit the SF-LLLs, including those received fTom subrecipients, contractors, and subcontractors, to the regional office. An Indian tribe or organization that is seeking an exclusion fTom Certification and Disclosure requirements must provide (preferably in an attorney's opinion) EDA with the citation of the provision or provisions of Federal law upon which it relies to conduct lobbying activities that would otherwise be subject to the above provisions. 3. Subaward, Contract, and Subcontract a. Applicability of A ward Provisions to Subrecipients The Recipient must require all subrecipients, inclúding lower tier subrecipients, under the award to comply with the provisions of the award including applicable cost principles, administrative, and audit requirements. b. Applicability of Provisions to Subawards, Contracts, and Subcontracts (1) The Recipient must include the following notice in each request for applications or bids: Applicants/bidders for a lower tier covered transaction (except for goods and services under the $100,000 small purchase threshold and where the lower tier Recipient will have no critical influence on or substantive control over the award) are subject to 15 CFR Part 26, Subparts A through E, Govemmentwide Debarment and Suspension (Nonprocurement). In addition, applicants/bidders for a lower tier covered transaction for a subaward, contract, or subcontract greater than $100,000 of Federal funds at any tier are subject to 15 CFR Part 28, "New Restrictions on Lobbying." Applicants/ bidders should familiarize themselves with these provisions, including the certification requirements. Therefore, applications for a lower tier covered transaction must include a "Certifications Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions and Lobbying" (CD-512) completed without modification. (2) The Recipient must include a statement in all lower tier covered transactions (subawards, contracts, and subcontracts), that the award is subject to Executive Order 12549, "Debarment and Suspension" and DoC implementing regulations published at 15 CFR Part 26, Subparts A through E, "Govemmentwide Debarment and Suspension (Nonprocurement). " '-' ...., 19 (3) The Recipient must include a statement in all lower tier covered transactions (subawards, contracts, and subcontracts) exceeding $100,000 in Federal funds, that the subaward, contract, or subcontract is subject to Section 319 of Public Law 10 1-121, which added Section 1352, regarding lobbying restrictions, to Chapter 13 of Title 31 of the United States Code as implemented at 15 CFR Part 28, "New Restrictions on Lobbying." The Recipient must further require the subrecipient, contractor, or subcontractor to submit a completed "Disclosure of Lobbying Activities" (SF-LLL) regarding the use of non-Federal funds for lobbying. The SF-LLL must be submitted within 15 days following the end of the calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the infonnation contained in any disclosure fonn previously filed. The SF-LLL must be submitted fÌ'om tier to tier until received by the Recipient. The Recipient must submit all disclosure fonns received, including those that report lobbying activity on its own behalf, to the regional office within 30 days following the end of the calendar quarter. I. MINORITY AND WOMEN-OWNED BUS,INESS ENTERPRISE EDA encourages Recipients to utilize minority and women-owned finns and enterprises in contracts awarded under financial assistance awards. The Minority Business Development Agency will assist Recipients in matching qualified minority and women-owned enterprises with contract opportunities. For further infonnation contact: U.S. Department of Commerce Minority Business Development Agency Herbert C. Hoover Building 14th Street and Constitution Avenue, NW Washington, D.C. 20230 J. SUBA WARD AND/OR CONTRACT TO A FEDERAL AGENCY I. The Recipient, subrecipient, contractor, and/or subcontractor must not sub-grant or sub-contract any part of the approved project to any agency of the DoC and/or other Federal department, agency or instrumentality, without the prior written approval of EDA. 2. Requests for approval of such action must be submitted to the regional office which will review and make the final detennination with the concurrence of legal counsel of EDA and legal counsel of the other Federal department, agency or instrumentality receiving the subaward and/or contract. The Government will notify the Recipient in writing of the final detennination. '-' ..., 20 K. PROPERTY MANAGEMENT 1. Standards The Recipient must comply with the pertinent property management standards as stipulated in the applicable unifonn administrative requirements, and 13 CFR Part 314. Any inventory listings stipulated under the applicable unifonn administrative requirements must be submitted on the "Report of Government Property in Possession of Contractor" (CD-281). The CD-281 must be submitted in duplicate (an original and one copy) to the regional office. 2. Retention of Title a. The Government detennines who retains title to all nonexpendable personal property in accordance with 15 CFR Part 24 or 15 CFR Part 14 as applicable. Use, management, and disposition of the property will be in accordance with the applicable rules at 15 CFR Part 24 or 14 and EDA regulations at 13 CFR Part 314. b. Title to real property (whether acquired partly or wholly with Federal funds) will vest with the Recipient subject to the condition that the Recipient uses the real property for the authorized purpose ofthe project. 3. Disposal of Real Property a. When EDA and the Recipient detennine that property acquired or improved in whole or in part with grant assistance is no longer needed for the purpose of the original project, the Recipient must obtain prior approval ffom the Government for the use of the real property in other Federal grant programs, or programs that have purposes consistent with those authorized for support by EDA. b. When property is no longer required as provided above, the Government detennines final disposition and must be compensated by the Recipient for the Federal share of the value of the property, plus costs and interest, as contained in 13 CFR Part 314.5. 4. EDA's Interest in Award Property a. Recording EDA's Interest in Property: (1) For projects involving the acquisition, construction or improvement of a building, the Recipient expressly agrees to declare and furnish to the Government, prior to initial A ward disbursement, a lien, covenailt or other statement, satisfactory to EDA in fonn and substance, of EDA's interest in the property acquired or improved in whole or in part with the funds made available under this Award. The statement must specify in years the estimated useful life of the project and shall include, but not be limited to disposition, encumbrance, and compensation of Federal share. -,.._"-'þ_"';.."....~"....="">=.~;O.~,._,.. \..t. ....., ., 21 (2) This lien, covenant or other statement of the Government's interest must be perfected and placed of record in the real property records of the jurisdiction in which the property is located, all in accordance with local law. EDA may require an opinion of counsel for the Recipient to substantiate that the document has been properly recorded. (3) Facilities in which EDA investment is only a small part of a large project, as determined by EDA, may be exempted from the requirements of this paragraph a., but the property remains subject to the remaining provisions of section KA. b. The Recipient acknowledges that the Government retains an undivided equitable reversionary interest in the property acquired or improved in whole or in part with the funds made available through this Award throughout the useful life (as determined by EDA) of the property, except in those instances listed in 13 CFR 314.7(c). c. The Recipient agrees that in the event it disposes of, or alienates in any manner any interest in, the property during its useful life, without EDA's written approval, the Government will be entitled to recover the Federal share of the value of the property. When during its useful life property is no longer needed for the purpose of the Award, as determined by EDA, EDA may permit its use for other acceptable purposes consistent with those authorized for support by EDA. d. For purposes of any lien or security interest, the amount of the Government's share shall be the full amount of the EDA A ward. However, the Federal share to which the Government is entitled (as stated in paragraph c., above) may be more or less than the A ward. e. Alienation of A ward property includes sale or other conveyance of the Recipient's interest, leasing or mortgaging the property, or'granting an option for any of the foregoing. During the useful life of the property, EDA ordinarily will approve the alienation of Award property without requiring recovery of the Federal share of its value only where such alienation is intended in the original Award, except that EDA may approve mortgaging of the property as provided by regulation (13 CFR Part 314). 5. Leasing Restrictions Leasing or renting of the facilities is prohibited unless specifically authorized by EDA. The Recipient agrees that any leasing or renting of the facilities involved in this project will be subject to the following: that said lease arrangement is consistent with the authorized general and special purpose of the Award; that said lease arrangement is for adequate consideration; and that said lease arrangement is consistent with applicable EPA requirements concerning, but not limited to, nondiscrimination and environmental compliance. ~ ....¡ ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT ;",~~,.,..~.""-._.,,,; ........,.,:_ :_...·....;c._ .··.._.._h_'\-·"_ John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson Cliff Barnes District 4 District 5 t..",,,...,,,.,.,"-_,,,,,,,:,_;,.,,,,_',;,~,,,,,'V.,,,,.'_""'---""_"',,","-,._ -"-j=-,.-:,'_-, '-bo"""_ C<"·"~·_';"_·"':-",~~..:..c_"-.c._._~;.;,'·,",,",,__.,~,,,.-~u,.._ AGENDA May 25, 2004 1. MINUTES Approve the minutes of the meeting held May 11, 2004. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 35 and 36. 2. MOSQUITO CONTROL A. Indian River Lagoon License Plate Program FY 2004 - Grant Application - Consider staff recommendation to authorize staff to submit the application for an Indian River Lagoon Plate FY 2004 Grant in the amount of $47,899.00, and provide local match from USDA/NRCS (already received) in the amount of $104,080.00, and local (District) sources in the amount $25,800.00 (plus in-kind services). B. Use Reserves for Replacement of Two Rotary Cutters - Approval of Equipment Number EQ 04-258 and Budget Amendment No. BA 04-150. Consider staff recommendation to approve Budget Amendment No. BA 04-150 and Equipment Request form EQ 04-258 for the purchase of two replacement 8 ft. rotary cutters, in the amount of $ 7,600.00. C. Purchase and Installation of Cellular Monitoring System for Bear Point Mitigation Bank - Bid Waiver Request - Sole Source Provider of Integration Services - Consider staff recommendation to approve a Bid Waiver for Sole Source to Locher Environmental Technology, LLC, in the amount of $69,241, for purchase and installation of an integrated Cellular Monitoring System and approve to negotiate price and contract with Locher for monthly service and additional materials/parts (quoted service charge of $850.00 per mo.) and approve Equipment Request Form No. EQ 04- 260, and Budget Amendment No. 04-151. D. Bid Waiver and Piggyback Broward County School Board Project No. 3041-96-08 Mitigation Project (Landscaping) with Native Technologies, Inc. for a total of $87,959.00 - Consider staff recommendation to approve the waiver of the bid process and give permission to piggyback Broward County School Board Project No. 3041-96-08 and authorize the Chairman to sign the contract as prepared by the County Attorney. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ..,..----- - ... ,... ...., MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 11, 2004 Tape: 2 Convened: 11 :20 a.m. Adjourned: 11 :20 a.m. Commissioners Present: Chairman, Doug Coward, Paula A. Lewis, John D. Bruhn, Cliff Barnes, Frannie Hutchinson Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Pete Keogh, Parks and Rec. Director, Millie Delgado-Feliciano, Deputy Clerk I. MINUTES It was moved by Com. Bruhn, seconded by Com. Barnes, to approve the minutes ofthe meeting held April 13, 2004; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Barnes, to approve the Consent Agenda; and, upon roll call, motion carried unanimously. 1. Warrant Lists The Boarù approved Warrant List No. 31, 32,33,and 34. 2. Mosquito Control Approval to accept offer for surplus equipment- The Board accepted the offer from the Health Department, in the amount of$1,571.00 place those funds into the District's state fund, and authorized the transfer of the equipment to the Health Department. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court 1 05/17/04 F7.ABWARR FUND 145 TITLE '" ST. LUCIE COUNTY - BOARD \wi WARRANT LIST #35- 08-MAY-2004 TO 14-MAY-2004 FUND SUMMARY - MOSQUI TO Mosquito Fund GRAND TOTAL: "" .JI EXPENSES 1,757.85 1,757.85 PAGE 1 PAYROLL 0.00 0.00 OS/21/04 FI'7~-::'ilARR FID."D 14::; TITLE 'w ST. LUCIE COUNTY - BOARD """" PAGE 1 WARRANT LIST #36- 15-MAY-2004 TO 21-MAY-2004 FUND SUMMARY- MOSQUITO Mosquito Fund GRAND TOTAL: ..... ... EXPENSES PAYROLL 19,514.39 29,797.39 19,514.39 29,797.39 - - -- '-' ..",,; ,.... AGENDA REQUEST ITEM NO. C-2a DA TE: May 25, 2004 REG ULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] IU MOSQl:l'!() CONTROL DISTRICT BOARD SUBMITTED BY(DFPT): MOSLlulto Control PRESENTED BY: James R. David Sl:!3JLCT Indian RI\cr Lagoonllccnsl: Platl: Program FY2004 - Grant ApplIcatIon BACKGROUND: A Request for Proposals from the Indian RIver Lagoon License Plate FY2004 Grant Program has been advertlsed recently by the SFWMD. A total of $47,899.00 is potentially available for Saint Lucie County for wetland restoration and publIc educatIon from the LIcense Plate grant. Local Match is proposed to be provided f'rum LSD\- NRCS (already received) in the amount of$l 04,080.00, and Local (District) sources in the amount $25,800.00 (plus in-kind services). The total project cost is estimated to be $177,779.00. Staff proposes submitting an application to Illlpr()\l' coastal \\ctbntls under DlstrIctmanagemenL by: restorIng hydrological exchange between an isolated mosquito impoundment (No. 14A) and the Indian River Lagoon; improving wetland water quality in Imp 14A; restoring \egeLllive habitat at Wildcat Cove and Indrio Blueway Buffer; and providing public education. FUNDS A V AIL.: Matchlllg Funds w¡]l be made available from; 145-6230-512000-600 Salaries (+ Benefits); 145-6230- 564000-600 Machinery & Equipment; 145115-6230-534000-6955 OtherCantracted Services - USDNIndria Blueway Buffer Restoration; 145115-6230-563000-6955 Imp OIl' B1dg - USDNIndrio Blueway Buffer Restoration PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board authorize application far an Indian River Lagoon License Plate I'Y 2004 (ìrant. In thc amount of' S47,l-:lJlJ.OO and pnmde local match from USDA-NRCS (already received) in the amount of S I 04,080.00, and Local (District) sources in the amount $25,800.00 ~plus in-kind services). CO\1'\lISSIO\ ,\CTIO:\: ~ APPRUVED l I DE~llD [ I OTHER: Approved 4-0 (Comm. Lewis Absent) . ~------ ~UgkáS' Anderson ,ounty Administrator Review and Approvals County Attorney: Or¡glllatll1g Depl !-inance (Check for Copy only, If appllcable)_ - -_.._---_._~----_...~-- Management & Budget Other: Purchasing: Other: Ell. 5/96 - '-' ~ MEMORANDUM ,,0" DATE: MOSQ!)ITO CONTROL DISTRICT BOARD JAMES R DAVID, MOSQ1JITO CONTROL DIRECTOR MAY 14, 2004 TO: FROM: SUBJECT: INDIAN RIVER IAGOON LICENSE PIATE PROGRAM FY2004 - GRANT APPLICATION BACKGROUND: A Request for Proposals from the Indian River Lagoon License Plate FY2003 Grant Program has been advertised recently by the SFWMD. A total of $47,899.00 is potentially available for Saint Lucie County for wetland restoration and public education from the License Plate grant. Local Match is proposed to be provided from USDA-NRCS (already received) in the amount of$104,080.00, and Local (District) sources in the amount $25,800.00 (plus in-kind services). The total project cost is estimated to be $177,779.00. Staff proposes submitting an application to improve coastal wetlands under District management, by: restoring hydrological exchange between an isolated mosquito impoundment (No. 14A) and the Indian River Lagoon; improving wetland water quality in Imp 14A; restoring vegetative habitat at Wildcat Cove and Indrio Blueway Buffer; and providing public education. Project Goals: restoration ofhydrological exchange between an isolated mosquito impoundment (No. 14A) and the Indian River Lagoon by installing 4, 30 inch dia. Corrugated Aluminum Pipes into the perimeter dike of the impoundment; water quality improvement is proposed to be achieved through the installation of a 14,000 gpm dual electric pump and aeration station; public education is proposed through the printing of brochures for lndrio Blueway Buffer and the installation of a brochure kiosk; and habitat restoration is proposed to be accomplished at Wildcat Cove and Indrio Blueway Buffer through the eradication of invasive exotic plants for the sites. A draft contract is also provided for County Attorney review and approval. RECOMMENDATION: Staff recommends that the Board authorize application for an Indian River Lagoon License Plate FY 2004 Grant, in the amount of$4 7 ,899.00 and provide local match from USDA-NRCS (already received) in the amount of $104,080.00, and Local (District) sources in the amount $25,800.00 (plus in-kind services). .,-", ..., ¡i' ßOA'RD OF COUNTY COMMISSIONERS MOSQUITO CONTROL DISTRICT M<ly26.2()04 South Florida Water Management District /~ltn: Procurement Division B-1 Building, 2nd Floor West 330 I Gun Club Road West Palm Beach, Florida 33406 JAMES R. DAVID DIREGOR RE: Indian River Lagoon License Plate FY2004 Grant Application Saint Lucie County Mosquito Control District Wetland Restoration Dcar Sirs. The Saint Lucie County Mosquito Control District submits this Letter of Transmittal and the attached six copies of our proposed application for funding from the 2004 Indian River Lagoon License Plate Program. Our project is entitled "Wetland Restoration". The project will provide hydrological, water quality and habitat improvements to coastal wetlands along the Indian River Lagoon. as well as. provide for public education. The project sites proposed are Indrio Blueway Buffer and Wildcat Cove. Funds in the amount ofS47,Sl)9.00 are sought. Local Match is proposed to be provided from USDA-NRCS (alre3dy received) and local (District) sources in the amount S 12(),S80.()() (including in-kind services). The total project cost IS estimated to be S I 77.779.00. This applIcation \vas prepared wi thout colluSIOn wi th any other person or entity submitting an application pursuant to the Indian Ri\'Cr Lagoon License Plate Funding Program. Project Goals Project Goals include: restoration of hydrological exchange between an isolated mosquito impoundment (No. 14A) and the Indian River Lagoon by installing 4, 30 inch dia. COITugated Aluminum Pipes into the perimeter dike of the impoundment; water quality improvement is proposed to be achieved through the installation of a 14,000 gpm dual electric pump and aeration station; puollc education is proposed through the printing of brochures for Indrio Blueway Buffer and the installation or a brochure kiosk; and habitat restoration is proposed to be accomplished at Wildcat Con:? and Ineirio Blueway Buffer through the er3dication of invasive exotic plants for the sites. Project Locations The project locations include: Impoundments 14A and 17 A. Maps of the impoundment sites are attached. All project sites arc located on the shoreline or the Indian River Lagoon in Saint Lucie County. Indrio Blue\vay Buffer is located at the intersections orMichigan and Wilcox Streets with JOHN D. [)RUHN. Disrricr NO.1. DOUG COWARD. Disrricr No.2· PAULA A. LEWIS. Disrricr No. J . FRANNIE HUTCHINSON, Disrricr No.4· CUFF [)ARNES, Disrricr No.5 Counry Adminisrroror - Douglas M. Anderson 2300 Virginia Avenue . Ft. Pierce, FL 34982 · (561) 462-1692 · FAX (561) 462-1565 · TDD (561) 462-1425 J150 Will Fee "'ood · Ft. Pierce, FL 34982 '-' ...., Old Dixie Highway. The site can be reached by taking US Hwy I northward from Ft. Pierce and $~' making a right turn on !ndrio Road, going eastward to Old Dixie Hwy (Indrio Road becomes Michigan Street on the east side of Old Dixie Hwy). Wildcat Cove is located on the west side of North-A 1 A opposite Pepper Park. The project areas are located in the Indian River Lagoon Watershed. The Lagoon wi1l benefit from improved wetland habitat at Wildcat Cove and Indrio Blueway Buffer, as a result of increased native biodiversity after exotics are removed, and water quality and diversity wi]! be benefitted from the additional wetlands being connected to the waters oCthe Lagoon at Indrio Bluevvay Buffer. Expected Habitat Restoration Benefits Habitat is to be restored at Wildcat Cove and Indrio Blueway Buffer through exotic plant removal, which allo\'vs native species to recover in the area of impact. The coastal wetlands of Indrio Blueway ButTer are being reconnected to the estuary as a result of the project, and water quality in the wetlands will be improved through increased culvert exchange with the Lagoon and via construction of a pump and aeration station and the purchase of pumps. Environmental education wi]! be addressed through the creation and printing of brochures and construction of a brochure Kiosk at Indrio Blueway BulTer. Project Schedule The project should be completed within one year of Agreement execution. Permit applications for the impoundment restoration portion of the project are already under review by the permit agencies. ExotIC removal at Indrio Blueway Buffer is already underway (as of May 2004). Reporting ,1\ I I reports wi II be accompanied by photographs. copies 0 f permits, as-built surveys/engineering and appropriate invoicing upon completion of the project. Thank you lar this opportunity to apply to the 2004 InJian River Lagoon License Plate Grant Program. 1;:e:yz ~ () J:::s R~ David Mosquito Control Director 3150 Will Fee Rd. Ft. Pierce, Florida 34982 Tel. 772-462-1686 (Person authorized to make representations on the appliçation) Attach/ App I ication cc: fìle "20",",- 2005" SOUTH FLORIDA WATER MANAGEMENT nTtTRICT FUNDING APPLICATION FORM ,.... l~S241 Application No: IRL - 04 C - (District to provide) The undersigned Applicant, has read all of the tenns and conditions of the Indian River Lagoon License Plate Funding Program Guidelines and Application, and certifies that all of the infonnation contained within this Application and subsequent Attachments and Exhibits is true and correct to the best of its knowledge. Applicant's Legal Name (Organization Name): Saint Lucie County Mosquito Control District Contact Person: James R. David Applicant's Address: 3150 Will Fee Road Fort Pierce, Florida 34982 Telephone Number: ( 772 ) 462-1686 Fax Number: (772 ) 462-1565 Type of Organization: Date of Incorporation: X Governmental / Not - for - profit State of Incorporation: Project Location (county): St Lucie x Martin - and/or Palm Beach * (one application per COWlty. Ifwork is done in more than one COWlty) Project Title: Wetland Restoration Brief Project Description: Hydrological, water quality and other habitat improvements in Coastal Wetlands. Attachments: Please attach infonnation to address each of the items listed below: I) Describe the project goa1( s) and how the goa1( s) will be accomplished. Include appropriate drawings. Submittals for habitat restomtion and stonnwater retrofit projects must include plan view and cross section( s) drawings. If planting is part of the project, a planting plan must also be submitted. 2) Provide a project location description and attach a location map. Ifmore than one COWlty will benefit fÌ"om your project, explain the multiple COWlty benefits. If your project is located in the watershed, please clearly explain the benefits to the receiving water body. 3) Explain the expected habitat restoration, water quality, and/or enviromnental education benefits of the proposed project. 4) Provide a project schedule and justification for being able to meet the project schedule. All projects must be completed within one year of execution of the funding program Agreement. Funding Requested: (Separate applications for more than one county) , S1. Lucie $ 47 RQQ M~rtin 1: Palm Rf'~r.h 1: Tnt~1 1: 47,RQQ , I~ÝËS241 ,0'" - '-" '-" Cost Breakdown and Schedule Task Description License Plate Cost-share Cost-share Expected Funding Amount Funding Source Completion Amount Date Pwnp Station $22,900 $25,800 SLCMCD 09/30105 (4) Culverts $20,000 USDA-NRCS 09/30105 Brochures 1 kiosk $5,000 09/30105 Exotic removal $19,999 $84,080 USDA - NRCS 09/30105 Regulatory Approvals: Are any regulatory approvals needed for the proposed project? YeslNo X If yes, please fill in the table below: Agency Type of Approval Expiration Comments Approval Received? Date Yes No FDEP/ACE Pennit X Application in-process Authorized Person's Name: s¡gn.nneJrJN1 rtµ Title ~Cdj ~ Print Name: James R. David Print Title: Mosquito Control Director Remember to complete and attach Exhibit "C" I~S241 ~ ....." IRL FY04 C- (the District will add this number) ,0'" EXHIBIT "c" - STATEMENT OF WORK FISCAL YEAR 2004 INDIAN RIVER LAGOON LICENSE PLATE PROJECTS APPLICANT'S NAME: St, Lucie County Mosquito Control District OBJECTIVE The overall project objective in this cooperative effort between (applicant's name) S1. Lucie County Mosquito Control District and the South Florida Water Management District (DISTRICT) is to reconnect/improve water quality/remove exotic plantslprint brochures and construct a kiosk for the brochures at Indrio Blueway Buffer; and to remove exotic plants at Wildcat Cove. PROJECT LOCATION County: St Lucie X Martin and/or Palm Beach General Location Description: Indrio Bluewav Buffer is located at the intersections of Michigan and Wilcox Streets with Old Dixie Hwv, The site can be reached by taking US 1 north of F1. Pierce to Indrio Rd and making a right turn to go east to Old Dixie Hwy Wildcat Cove is located on the west side ofNAlA Q,pJ)Osite P~r Park SCOPE OF WORK The (applicant's name) St T .ncie rnnnty Mm:qJlitn rnnt1'nt Oimict shall be responsible for (provide a description of each project step, task and lor phase) Task 1: Construct a dual pump and aerator station at Impoundment 14A Task 2: Install 4 culverts at Impoundment 14A Task 3: Print brochures and construct kiosk at Impoundment 14A Task 4: Perfonn exotic removal at Impoundments 14A and 17A (Wildcat Cove) ~241 '-' ..., SCOPE OF WORK (continued) ;;.... PAYMENT AND DELIVERABLE SCHEDULE INVOICE / COST DELIVERABLE DUE DISTRICT SHARE DATE PAYMENT AMOUNT Photos, permits, as-builts, letter 09/10/0:) $47 R99 00 $129 RRO 00 Tp.nnrt 1~241 Attachm~: Please attach information to address each of the items liste~low: ,0'" -1) Describe the project goal(s) and how the goal(s) will be accomplished. Include appropriate drawings. Submittals for habitat restoration and stonnwater retrofit projects must include plan view and cross section( s) drawings. If planting is part of the project, a planting plan must also be submitted. Project Goals include: restoration of hydrological exchange between an isolated mosquito impoundment (No. 14A) and the Indian River Lagoon by installing 4, 30 inch dia. Corrugated Aluminum Pipes into the perimeter dike of the impoundment; water quality improvement is proposed to be achieved through the installation of a 14,000 gpm dual electric pump and aeration station; public education is proposed through the printing of brochures for Indrio Blueway Buffer and the installation of a brochure kiosk; and habitat restoration is proposed to be accomplished at Wildcat Cove and Indrio Blueway Buffer through the eradication of invasive exotic plants for the sites. 2) Provide a project location description and attach a location map. If more than one county will benefit trom your project, explain the multiple county benefits. If your project is located in the watershed, please clearly explain the benefits to the receiving water body. Indrio Blueway Buffer is located at the intersections of Michigan and Wilcox Streets with Old Dixie Highway. The site can be reached by taking US Hwy 1 northward ITom Ft. Pierce and making a right turn on Indrio Road, going eastward to Old Dixie Hwy (Indrio Road becomes Michigan Street on the east side of Old Dixie Hwy). Wildcat Cove is located on the west side of North-AlA opposite Pepper Park. The project areas are located in the Indian River Lagoon Watershed. The Lagoon will benefit ITom improved wetland habitat at Wildcat Cove and Indrio Blueway Buffer, as a result of increased native biodiversity after exotics are removed, and water quality and diversity will be benefited trom the additional wetlands being connected to the waters of the Lagoon at Indrio Blueway Buffer. 3) Explain the expected habitat restoration, water quality, and/or environmental education benefits of the proposed project. Habitat is to be restored at Wildcat Cove and Indrio Blueway Buffer through exotic plant removal, which allows native species to recover in the area of impact. The coastal wetlands of Indrio Blueway Buffer are being reconnected to the estuary as a result of the project, and water quality in the wetlands will be improved through increased culvert exchange with the Lagoon and via construction of a pump and aeration station and the purchase of pumps. Environmental education will be addressed through the creation and printing of brochures and construction of a brochure Kiosk at Indrio Blueway Buffer. 4) Provide a project schedule and justification for being able to meet the project schedule. All projects must be completed within one year of execution of the funding program Agreement. The project should be completed within one year of Agreement execution. Permit applications for the impoundment restoration portion of the project are already under review by the permit agencies. Exotic removal at Indrio Blueway Buffer is already underway (as of May 2004). 1~241 ! ~ "" St. Lucie County Mosquito Contra/Impoundments North Hutchinson Island ATLANTIC OCEAN 70 17C 178 20A Fort Pierce Inlet ~ Community Development t ~ Geographic Information Systems Map prepated September 29, 1999 N 1t*1nIp habeM~ Ibt~~ II"d ~ ~orii. ...... .-y eIbt'" bMn ..... to øn:Mde ... InOIIC ourIWIt If1d «:IOUAIht ~ ~.llInalWiIndecI twu. _..IIg¡Itf~ ~ Seal.: 1" - 4000' 'j ¡ ---- ~ ..., l -- ,t'.- ,.... l --J -J ] J J ~DIAN RIVE:\ LAGOON -'I.W.H. JL. 0.80'(+)* JV. EL. (-)1.00'· ] ] ] l' j ] ] J ] i~~ -- 1YPK'.AL CUL VEKI' CRœS SECfION ~.......n nlJi'WTN'(t . t r-' -' = s: ::: I ,,,", .' 40'( +/-) (50' MAX.) 30'(+/-) .... !~~ - -- ..:- Lv T/EARTHEN DIKE EL. 4.00'· ( IMPOUN DMENT WATER LEVEL 30' CM~ INV. EL (-)1.00'" 4"x4"(PRESSURE TREATED) TYPICAL SECTION SCALE: 1"= 1 0' NOTE: *ALL ELAVATION ARE N.G.V.D. ì;,,1S'!\~iQ~ ~ O'?>\ ö\ tO~ BOARD Of COUNIY ~ sr. LUCIE COUNIY, FI.ORIDA FNOINEERJNG DIVSON m> VIRGINIA AVE., FT. PrnRCF.. FL()IUDA ........ '""'~ {c.c1\ A,/;')..nY7 ØA'IN 1 _. A. ~ ~ ~ ~. . ,,,. I ~ Ij I j j I ] 1-:~ 1 ~ ~~ J ~ \.... '-" :-...: ';.:::::.. ~ ...... .<) - _.." '. - '- - 7,000-14,000 GPM ELECTRIC PUMP STATION .- 3,000 PSI REINFORCED CONCRETE IN EXISTING DIKË '-'..1 DIKE EDGE +4.5 FT. 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( À, I I -- ~ I. , \ .. - ,.. I' , J .~// -"" m \ )\ ,\, r ..-/ , ::; '\ \, I / r'7 ,_ \', \, I --- .. I , ' " , -- "1 I " ~ ---~ .... ì ( \ I .... _ ~"\ ..... -. i _ ./ I '~, I( ,.. I I .... '/ )" V f r I I ,,/ \ 0 lJ I . .I /.- \I/t¡ . '1 . ~ r¡\ I :'~ \ II¿ \\ '..... I I ~ I '..... I I "-.. I I /'" I ~ .........,--.. X ' I' \ ~ .' ~ ~ dJl . . 1 .I' I I ,~__,.. .. ~ .. "- _..-/ g ~I . - \........'\ "" \-)0\/ ~~ ! I~ " \- ~, ,..... ", "'....... '-, ............. '-........ (.~~- '-.. (--"""--...... - I, _______. \'\ -.....", ) j-~L,. 'I' / <3;1 /' \ \'\ , { --------. , ~ "----..-- " \.... \ '\ \..- ï' J 110 I!JC u :8 S s I c: o ~ 0) ~ ~ i a ~ ~---.......,..... \ } ~"\ I "'"""-.... ~"\ r' ~ \.~-'- -- \ \ ~ 1\ ~ ~ J II If "~ ~ ~ ~II Qli:= · \,,~~.5 111 ~ \...~ ; ~. I '-.~ .. go.. , ·11 :~ ¡!: ....., "...~~~ >( '\ , 8 " ~ \ ... .~ a: .i i! '-' '" ;;,0" This is a sample agreement. If your project is selected, this agreement will be mailed to you for execution. *DO NOT COMPLETE THIS FORM AS PART OF YOUR APPLICATION FOR FUNDING. 2004-2005 SOUTH FLORIDA WATER MANAGEMENT DISTRICT SAMPLE - FUNDING PROGRAM AGREEMENT Recipient's Name: For District Use Only Contract No. C- Address: Governing Board Approval Date District Funding Amount: $ District's Project Manager: Address: Telephone Number: ( ) Fax Number: ~) Insurance Attachment: 0 Applicable Not applicable Recipient's Project Manager: Address: Telephone Number: ( ) Fax Number: ( ) Project Title: I~I~s~~1 18 '-' ...." ThIs Agreement is entered into between "the Parties", the South Florida Water Management District, (the "District"), and the ,.... undersigned Applicant, hereinafter referred to as the "Recipient". The Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all legal, financial, and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1 - PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perfonn all work items described in the "Statement of Work," attached here to as Exhibit "C", and made a part of this Agreement. 1.2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever forum reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 2 - TERM OF THE AGREEMENT 2.1 The period of perfonnance of thIs Agreement shall commence on the last date of execution of this Agreement and shall continue for a period of one (1) year. 2.2 The Parties agree that time is of the essence in the perfonnance of each and every obligation under this Agreement. ARTICLE 3 - COMPENSATION/CONSIDERATION 3.1 As consideration for providing the goods and services reqUired by this Agreement, the District shall pay the Recipient the funding amount as specified above. Such amount is a fixed amount and therefore, no additional consideration shall be authorized. 3.2 The Recipient assumes sole responsibility for all work, which is perfonned pursuant to Exhibit "c." By providing funding hereunder, the District does not make any warranty, guaranty, or any representation whatsoever regarding any of the work perfonned hereunder, including but not limited to the adequacy or sufficiency of all or any part of work described in Exhibit "C". 3.3 The Recipient hereby agrees that it shan use other sources of funding for an work associated with the design and permitting aspects of the Project. District funds shall only be used for capital or infrastructure costs for the construction activities described m Exhibit "C". ARTICLE 4 - FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the Project. The Recipient shall provide certification that all construction has been completed in accordance with Exhibit "c" of this Agreement. 4.2 The Recipient's invoice shall reference the District's Application Number and shall be sent to the Project Manager at the following address: South Florida Water Management District (Project Manager's name as stated on the first page of the Agreement) (Address as stated on the first page of the Agreement) The Recipient shall not submit an invoice to any other address at the District. 43 The District shall have the right to mspect all work and review tinal reports before authorization of payment is made to thc Recipient. It is the policy of the District that payment for all goods and servlces shall be made in a timely manner and that Interest payments are made on late payments. In accordance with Florida Statutes, Section 218.70, Florida Prompt Payment Act, a "proper" invoice is defined as an invoice that confonns to all statutory requirements and all District requirements as set forth m the Agreement for invoice submission. The time at which payment shall be due from the District shall be forty-five (45) days from receipt of a proper invoice and acceptance of services and/or deliverables, based on compliance with the statutory requirements set forth in Section 218.70, F.S. and upon satisfaction of the District conditions as detailed in the Agreement. ~ ~ 19 I / '-' ...., ,.... Failure of the Reclpient to follow the instructions set forth in the Agreement regarding a proper Invoice and acceptable servIces and/or deliverables may result in an unavoidable delay in payment by the District. All payments due from the District for a proper invoice and acceptable services and/or deliverables and not made within the time specified in this secnon shall bear Interest from thirty (30) days after the due date at the rate of one percent (1%) per month on the unpaid balance. The RecIpient shall invoice the District for payment of any accrued unpaid interest. Any disputes regarding invoice payments which cannot be resolved by the appropriate department of the District shall be concluded by final written decision of the District Leadership Team not later than sixty (60) days after the date on which the proper invoice was receIved by the District. ARTICLE 5 - PROJECf MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and nonces, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands, or other communications to the Recipient under this Agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the address stated. All notices to the District under this Agreement shall be in writing and sent by certified mail to: South Florida Water Management District Attn: Procurement Division B-1 Building 3301 Gun Club Road West Palm Beach, Florida 33406 5.3 The Recipient shall also provide a copy of all notices to the District's Project Manager. All notices required by this Agreement shall be consldered delivered upon receipt. Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Application Number. ARTICLE 6 - TERMINATlONIREMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring recipients to materially perfonn in accordance with the tenns and conditions of the Agreement. In accordance with District Rule 40E-7, Part II, F.A.C., "material breach" is defined as any substantial, unexcused non-performance by failing to perform an act that is an important part of the transaction or perfonning an act inconsistent with the terms and conditions of the Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Rule 40E-7, Part II, F.A.C. in making a detennination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District terminate for default in accordance with this provision, the District shall be entItled to recover reprocurement costs in additIOn to all other remedies under law and/or equity. ~ ~ 20 \.r ,...., 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the ï" Recipient. The perfonnance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time In part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery to the Recipient of a Notice of Termination speclfying thc extent to which perfonnance of work under the Agreement IS terminated, and the date upon whIch such tennmation becomes effectIve. In the event of termination for convenience, the District shall compensate the Recipient for all authorized and accepted work perfonned through the terminatlon date. The District shall be relieved of any and all future obligations hereunder, includmg but not lirruted to, lost profits and consequential damages under thlS Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.3 In the event a dispute arises which the Project Managers cannot resolve between themselves, the Parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shaH be confidential to the extent permitted by law. ARTICLE 7 - RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotIatlon or perfonnance of this Agreement, includmg supporting documentatlon for any SerYlce rates, expenses, research or reports. Such records shall be maintamed and made available for inspection for a period of five (5) years from completmg perfonnance and receiving tinal payment under this Agreement. 8. Examination of Records. The District or its designated agent shall have the right to examine in accordance with, generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. Such examination may be made only within five (5) years from the date of final payment under this Agreement and upon reasonable notice, tlme and place. C. Extended Availability of Records for Legal Disputes. In the event that the District should become involved in a legal dispute with a third party ansing from perfonnance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the perfonnance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present Irnowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justifiable in federal court. 8.3 The Recipient shall allow public access to aJl Project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishmg such exemptlon, by way of injunctive or other relief as proVlded by law, shall be upon the Recipient. 8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the expenditure of any funds under thIs Agreement to lobby the Legislature, the j udiclal branch, or another state agency. 8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and permits from the appropriate pnvate party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing perfonnance of thIs Agreement. A delay in obtaining permits shall not give rise to a claim by the Recipient for additional compensation. If the Recipient is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this Agreement, each party to bear its own costs, notwithstanding other provisions of this Agreement to the contrary. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds ofrace, color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. ~ ~ 21 ._-~-- .---..-- '-' ...., ;¡.... ARTICLE 9 - RELATIONSHIP BETWEEN THE PARTIES 9,1 The Recipient shall be considered an independent contractor and neither party shaJl be considered an employee or agent of the other party. Nothing in this Agreement shaJl be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors, or assigns, during or after the perfonnance on this Agreement. Both parties are free to enter into contracts with other parties for similar services. 9,2 The Recipient shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and vOId. 9.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shaJl have any rights or priviJeges under this Agreement in any capacity whatsoever, either as third-party beneficiary or otherwise. ARTICLE 10 - GENERAL PROVISIONS 10.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the perfonnance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Govemment, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perfonn shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This proVlsion shall not apply if the "Statement of Work" of this Agreement specifies that perfonnance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 10.2 Any mconsistency in this Agreement shaJl be resolved by giving precedence in the following order: (a) Tenns and Conditions outlined in Articles 1-11 (b) Exhibit "C" Statement of Work (c) All other exhibits, attachments, and documents specifically incorporated herein by reference I OJ Failures or waivers to insist on strict perfonnance of any covenant, condition, or provision of this Agreement by the Parties, their successors and asSIgnS shaJl not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other Party from perfonning any subsequent obligations strictly in accordance with the terms of this Agreement. No waiver shall be effectIve unless in writing and signed by the Party against whom enforcement is sought. Such waiver shaJl be limited to provisions of this Agreement specificaJly refeITed to therein and shaJl not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. lOA Should any term or provision of this Agreement be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent Jurisdiction, such invalidity shall not affect any other term or provision of this Agreement, to the extent that the Agreement shall remam operable, enforceable and in fuJl force and effect to the extent permitted by law. 10.5 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and aJl written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the District in a contractual relationship unless they have been reduced to wnting and signed by an authorized District representative. This Agreement shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. This Agreement may be amended only with the written approval of the Parties. ARTICLE 11 - INDEMNIFICATION AND INSURANCE ¡ 1. ¡ The following indemnification clause shall only be applicable to Investor-owned Utilities or Private Entities: I~~·~!I 22 ..--------.- '- ...., ,.... For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save and hold the District, its officer¡;, directors, board members, agents, assigns, and employees, harmless from liabilities, damages, losses, and costs including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentJonally wrong conduct of the Recipient and other persons employed or utilized by the Recipient in the perfonnance of the Agreement The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. 11.2 Govemment entities will be responsible for their own acts of negligence up to the amounts in Section 768.28, Florida Statutes. The entity assumes any and all risks of personal inJury, bodily injury and property damage attnbutable to negligent acts or omissions. This is no way means that an agency consents to be sued. It should warrant and represent that It is self-funded for Worker's compensation and liability insurance, covering at a minimum bodily injury, personal injury and property damage with protection being applicable to the officers, employees, servants and agents while acting within the scope of the¡r employment during perfonnance under this Agreement. It is further agreed that nothing contained herein shall be construed or interpreted as (I) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; of (3) a waiver of sovereign lTnmunity of the State of Florida beyond the wavier provided in Section 768.28, Florida Statues. 11.3 The following shall only apply if the work is being performed on District property: The Recipient shall procure and maintain, through the term of this Agreement, insurance coverage, which will be determined after the evaluation of the Statement of Work as to the amounts and conditions. The coverage required shall extend to all employees and subcontractors of the Recipient The Certificate of Insurance shall be completed in full, indicating the producer, msured, carner's name and Best rating, policy numbers, effective and expIration dates of each type of coverage required. The insurance carrier's authorized representative shall sign the Certificate. fN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. ~ ~ 23 '- ...", ,.... SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: Director Procurement Division Date: Recipient's Legal Name: By Authorized Official: Title: Date: SFWMD Office of Counsel Approved By: Date: SFWMD Procurement Approved By: Date: IKÈs~~1 . 24 .. --.¡;¡.... ~ . ...., ;; AGENDA REQUEST ITEM NO. C-2b DATE: May 25, 2004 REG{!LAR I I PUBLIC HEARING CONSENT I X I TO: Mosquito Control DIstrict Board PRESENTED BY: SUBMITTED BY(DEPT): MosquIto Control James R. David SUBJECT: Use of Reserves for Replacement of Two Rotary Cutters - Approval of Equipment Number EQ04-258 and Budget Amendment No. BA04-150 BACKGROUND: The purchase of two replacement 8ft. rotary cutters is requested in the amount of $7.600.00 ($3,800.00 each). Both cutters are suffering from corrosion damage and one is inoperable due to safety concerns until repaired or rcplaced. with the cost of repair being a large proportion of the cost to replace. Equipment Request Fonn EQ04-258 and Budgct Amcndment No. BA04-150 are submitted for the Board's approval. FUNDS A V AIL.: Funds are available in 145-9910-599300-800 Reserves' PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve Budget Amendment No. BA04-150 and !:luIpnll'llt Request fonn EQ04-258 for the purchase of two, replacement. 8ft.. rotary cutters, in the amount of $7,600.00. J\"J APPROVED [ ] OTHER: I DENIED COMMISSION ACTION:' Approved 4-0 (Comm. Lewis Absent) Review and Approvals ( olllllV ..\ llOme) . --,------_. ----------------- Management & Hudget Purchasing: (¡n!!II1JIII1!! IJepl Other Other: ¡:iI1Jllce (('heek 1<>,. Copy ollly. ,,'JppllcJhIeL E IT 5/96 '" '-' """ MEMORANDUM ~. TO: Mosquito Control District Board FROM: James R. David, Mosquito Control Director DATE: May 13.2004 SUBJECT: Use of Reserves for Replacement of Two Rotary Cutter - Approval of Equipment Number EQ04-258 and Budget Amendment No. BA04-150 BACKGROUND: The purc hase 0 I' two repl8cement R ft. rotary cutters IS requested in the amount ofS7 .600 .00 ($3,800.00 e8C h). Both cutters arc sutTenng from corrosion damage and one IS Inoperable due to safety concerns until repaired or replaced. with the cost of repair being a large proportion of the cost to replace. Equipment Request Form ¡':Q04-25S 811U Budget Amendment No. BA04-! 50 are submitted for the Board' s approval. RECOMMENDATION: Staff recommends that the Board approve Budget Amendment No. BA04-150 and Equipment Request form EQ04-258 for the purchase of two, replacement. 8ft., rotary cutters, in the amount 01'57,60000 n;; ..., ..., a 1U C/) S Q) 1U ?¡ G:: ctJ ;; '- Q) Q (;) a .£2 '- Q) ::; OJ 'tJ c: Q) .Q ü a c: c: ctJ 0 c: .~ a Q) < .S Q) a c: (Q ctJ a 6 l- E 'tJ a < c: a 1U Q) ctJ "t- ¿ (;) (;) (Q a c:) 1U :S t3 a l[) Ü "- ~ ~ l!) 6 en <::C a 0) (") Q) C'\J 0::: -J Q) a 0) (Q C/) Q c: t3 c: C'\J" J.¡ W ~ 1U 0 jg a b9 Z ~ G:: 'Cìj "t- o e (¡; ..... 0 vi a I ~ '- M è: a 'tJ en 0 ~ Q) ü Q) en 0 z E 'tJ 'tJ Õ W c: :::¡ N 'tJ :.c: Q) :¡¡: :2 c: Ü 0- 0::: w :::¡ Q) c: '- :¡¡: « a .Q ctJ '(è 0 U Q 'tJ ~ Q W « .§ Q) 'tJ Q) c::: U >- ....J è: ctJ '- a. .2 (¡; w >- .2 :::¡ aJ ..J 0 w 3 a Q) :S :2 I- « w c::: 0- E :::¡ "- Z U 0 ~ (;) ~ 'tJ a ::J :J z a Z en w 0 w E ~ Q û) 0 - :2 w z ::; 'C: a ~ LL > - .~ OJ Ü Z U 0::: :2 0 I Z l) ~ ~ ::J LL 0 c::: I « c- è:' s 0 0 ò 0 u a. ~ ctJ ~ :S u LL w a. w (;) '2 ü u 0 c::: « c::: Q) Q) .~ ~ I- ~ 'tJ 0::: - '6 'tJ en Q) "- uj « w c: ~ a E 0 :J Q) ~ Q) J::: Q) :::¡ ü CC 0 1::: Q c: a '- W ctJ , ~ a >- Q) 0 ~ ü 0::: "- .2 I- a I- Q) Q Z I- (;) Q :t:: Q) ..@ :::¡ :J Z Q) a Ü :::¡ ctJ - 'tJ .- ~ (;) 0 w E è '- .2 U :¡¡: l[) :::.... ctJ c:) '(è c. 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'- .."" ;; BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: OMS/Mosquito Control PREPARED DATE: 5/13/04 AGENDA DATE: 5/25/04 TO: 145-6230-564000-600 $7,600 FROM: 145-9910-599300-800 Reserves $7,600 REASON FOR BUDGET AMENDMENT: $3,800 each CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: N/A N/A N/A DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: ð~Jt ~ BA04-150 ¡·1.......-1<)4--"<:JI:J4 07 ;23 AM P.01 .. EQÙl'PMENT PROPOSAL ...." ,/" :.". !!V!AGLADES FARM eCUIPMENT CO. 6150 Orangs Avent;e A, Pierce, I-L 34947 BUYER ST LUCIE COUNTY ADDRESS CONiACT MAURiCe PHONE PhCM: 772.48 1 .666e ¡;!x: 772-46801HS 5/3/2004 FILEt CITY STAi! ZIP FAX QTY MAKE "DArNO .u PRICE EACH EXTENDED 1 JOHN DEERE MXS MX8 8 FOOT LJFT TYPE HOT MY 3.800.00 3,800.00 CUTTEA 540 RPM FRONT AND REAR 0.00 CHAINS AND TWO REAR TIRES 0.00 0,00 0.00 0.00 0.00 0.00 0.00 , 0.00 0.00 SUBTOTAL 3.800.00 TRADe DESCRIPTION QTY MAK! '1!JUÃL # TRACE AMT LIEN AMT Nt:r~ O.CO '--" O,C\) w O.CO 0.00 0.00 COMMENTS OR SPECIAL. INSTRUCTIONS TRADE Tar AL 0.00 SUBTOTAL 3.800.00 TAX 0.00 SURTAX THIS PROPOSAL MAY BE WITHDRAWN BY us DOWN PAYMENT It=: Nor ACCEPTeC WITHIN 10 CAYS BALANCE DUE 3,.800.00 BUYER OR LESSEE SIGNATURE ALL MA ra:l1~ ¡g GlIARJ.N'11I~n A.~ $P!=CIJ:IFil All WQRI( 18 TO ¡u; DONE IN A P!IIQFESSIONAl MANNER ACCORDING TO STANCARD SPECFICATIONS. Mf ALTI!AATTON OR DEVIATION FROM THE ABOve sreCIFlCA110N6 RESULTING IN EXTRA COSTS WILL SE EXECUTED ONLY Ufl(JN WRJ1TëN ORDERS, AND WII.L BECOME AN t:XTRA I,;HIIRGE QVeK ANIJ AtlOVë THE c~ITIMA 11:. ALL AGREE- MENTS CONTINGENT UPON STRIKES, ACCIDENTS, OR DELAYS BEYOND OOR CONTROl. Thunlr. yuu lot' (h~ r;ppVrlunlty tQ quote yau this equipment/ Please call me if I can be affurther assistance. SALESMAN: MITCHEL BURNEY NEXTEL: 43323 OR CELL: 201-7741 II JOHN DEERE NJ. w~ /'A ., If< (..-<.-- -:r;- ýVJ .. '- "" ;¡ :t ~ i , ~~!. .; :--:-- "';1 ',\ ,0 ~ ') ~ :J' ~. ,. ... AP'PRUFRIATION RE"","ST RECEIVED 1 . .,. DE~RIPTI OF ROJECT OR PURCHASE AND DETAILS 1:<. 3ð OeOI No Oeoanment Name I11¿JJQì1JTO r: .' t /)e S (í¡' ¡P fl ð?2 Tof,¡ h 1J..¿~y~ MX P- Qry ---- ~ G-l/L/' reM.-+- ~ Q~ . (os f.' 13.%00, £2- .ø£G _____ J . ?/vUL ?f! LJ'fl-f-¡I~ 1(0 fcurt ¡1;(Ju)-e~r ~ J10fJfJ' ~. +1/ :-:: O 0 ~~. ~ .... 1"""- '{cP' v\ : 8 -, J ~\ ,\0 2YL/ SUGGESTED VENDORS 2. 3. ADDRESSES White/Department Canary/Purchasing PinklOepartment . SGS Prinl..rs. Fe Pi..r(·... FI. ·- "If" 0/-'''' . / , / j/\.,- :", -." ., .. ... .. - '._ - OK"." .~ . --- t UC'l c: ORDERED BY PHONE NO. INVOICE NO, It... (' PURCHASE ORDER NO. VEHICLE ;"..¡ok.- DATE Sit/oct ......" ;;:....K. Wf~Y t/'£AJ~ R CEIVED MOS , I 2004 -~ 4 (~¡... :? f- ITO CONTROi APPLE MACHINE & SUPPLY CO. 5900 Orange Avenue P.O. Box 68 . Fort Pierce, FL 34954-0068 PHONE 772-466-9353(WELD) Fax (772) 466-4025 .... .. . / / .1 .... - l ~ ''wI , AGENDA REQUEST ITEM NO. C -2c DATE: May 25, 2004004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: Mosquito Control District Board SUBMITTED BY: Mosquito Control PRESENTED BY: James R. David SUBJECT: Purchase and Installation of Cellular Monitoring System for Bear Point Mitigation Bank - Bid Waiver Request - Sole Source Provider of Integration Services BACKGROUND: An integrated Cellular Monitoring System capable of withstanding the salt-water environment of a mosquito impoundment is needed for the Bear Point Mitigation Bank in order to provide telemetry transmission of Impoundment water level and water quality data necessary to meet Florida Department of Environmental Protection permit conditions for development of a 2-Dimensional Hydrological Model and multi-year success criteria monitoring. A Bid Waiver is requested in order to award the system equipment to Locher Environmental Technology, LLC. (Locher) the sole authorized dealer and integrator of the multi-disciplinary equipment involved in the project (combining water quality. water level data, and pump and aerator operations tracking with cell-based telemetry). Equipment Request Form No. EQ 04-260 is submitted for Board approval. Budget Amendment No. 04-151 has been prepared, in order to transfer the funds from the Bear Point Project Reserve to the Machinery & Equipment account. The total cost of the equipment, materials and supplies required to integrate the equipment and provide telemetered readings is $69,241.00. Additional required materials and supplies for pressure transducers will cost $1,584.00 and are also proposed to be provided by Locher. FUNDS AVAIL.: in 145-9910-599330-800 Project Reserve PREVIOUS ACTION: N/ A RECOMMENDATION: Staff recommends that the Board approve a Bid Waiver for Sole Source to Locher Environmental Technology, LLC, in the amount of $69,241, for purchase and installation of an integrated Cellular Monitoring System for the Bear Point Mitigation Bank, and grant approval to negotiate price and contract with Locher for monthly service and additional materials/parts (quoted service charge of $850.00 per mo.) and approve Equipment Request Form No. EQ 04-260, and Budge ~mendment No. 04-151. COMMISSION ACTION: ~ APPROVED [] DENIED [J OTHER: Approved 4-0 (Carom. Lewis Absent) o C Review and Approvals County Attorney: Management & Budget Originating Dept. Other: Finance: (Check for Copy only, if applicableL Purchasing :.__________ Other: Eff. 5/96 ,-. ...., MEMORANDUM , TO: FROM: DATE: SUBJECT: Mosquito Control District Board James R. David, Mosquito Control Director May 19,2004 Purchase and Installation of Cellular Monitoring System for Bear Point Mitigation Bank - Bid Waiver Request - Sole Source Provider BACKGROUND: An integrated Cellular Monitoring System capable of withstanding the salt-water environment of a mosquito impoundment is needed for the Bear Point Mitigation Bank in order to provide telemetry transmission of Impoundment water level and water quality data necessary to meet Florida Department of Environmental Protection permit conditions for development of a 2-Dimensional Hydrological Model and multi-year success criteria monitoring. The Bank calls for engineering evaluation of the multiple culvert design, and the cellular monitoring system project guarantees continuous data collection by providing an on-line monitoring capability, even for stations located in the inaccessible center of tr:e wetland. A Bid Waiver is requested in order to award the system equipment to Locher Environmental Technology, LLC. (Locher) the sole authorized dealer and integrator of the multi-disciplinary equipment involved in the project (combining water quality, water level data, and pump and aerator operations tracking with cell-based telemetry). The telemetry equipment proposed to be used is manufactured by Campbell Scientific, and is a standard in the field, being used by the South Florida, Southwest Florida, and St. John's River Water Management District (and other Special District(s)). The dissolved oxygen probe is entirely new technology being provided by Hydrolab/Hach Instruments, through Locher, which is proposed to eliminate sulfide interference from the dissolved oxygen readings (no other dissolved instrument or technique can make that claim). Locher is also the sole provider of our on Thalimedes Water Level Recorders, which were purchased previously, and are uniquely designed to withstand the rigors of use in saltwater environments, and which are required to be integrated into the monitoring system, and which we propose that they service and maintain (being the sole authorized manufacturer provider for Campbell, Hach and on in Florida). Equipment Request Form No. EO 04-260 is submitted for Board approval. Budget Amendment No. 04-151 has been prepared, in order to transfer the funds from the Bear Point Project Reserve to the Machinery & Equipment account. The total cost of the equipment required to integrate the equipment and provide telemetered readings is $69,241.00. Additional required materials and supplies for pressure transducers will cost $1,584.00 and also be provided by Locher. Verizon Wireless modems and the purchase of static IP addresses from Verizon will also be required to complete the project. RECOMMENDATION Staff recommends that the Board approve a Bid Waiver for Sole Source to Locher Environmental Technology, LLC, in the amount of $69,241, for purchase and installation of a Cellular Monitoring System for the Bear Point Mitigation Bank, and grant approval to negotiate price and contract with Locher for monthly service (est. $850.00 per mo.) and approve Equipment Request Form No. EO 04-260, and Budget Amendment No. 04" 151. '-' III Locher Environmental . 0 Technology RECEIVED NAY I I æJ4 It&:H¿'S-V~ MOS U Iro CONTROL III May 7, 2004 Attn: Vic Madonna 2300 Virginia Ave Ft Pierce, FL 34982 RE: Water Quality I Stage Monitoring Vic, Thank you again for your time spent discussing the final details on the above reference project. We are pleased to enclose the final costing for your review. We are pleased to attach documentation specifying Locher Environmental Technology as the Sole Source Authorized Manufactures Representative for the state of Florida for Campbell Scientific. We have attached documentation specifying Locher Environmental Technology as the Sole Source Authorized Manufactures Representative' for the state of Florida for OTT instrumentation. We are solely responsible for product and system support, training, and sales, both on-site and from our Florida office. No other entity in Florida is authorized to represent or distribute for these companies. We look forward to working with you on the integration of all components, providing factory certified training, and long-term support of your monitoring system. CC: Jim David 3150 Will Fee Road Ft Pierce, FL 34951 ~ Locher Environmental Technology, LLC P.O. Box 91987 Lakeland, Florida 33805 Phone: 863-853-3325 Fax: 443-347-0534 .. - ..~_. -"- MAY.192004 9:07 AM FR H 5 FT PIERCE 561 489 0299 TO 4621565 P.02 .-.._~..... _. -- '- HAzEN AND SAWYER ~ Environmental Engineers & Scientists Ha¡en and Sawyer. P.C. Mardi fJlt\;uliv~ CtslllHf 1905 South 25th Street. No, 103 ~rt Pìerc~, R. 34~7 772 489-0066 Fax; 772 489"(299 , MEMORANDUM TO: James David FROM: Billy Almaguer ~A DATE: May 19,2004 SUBJECT: Bear Point Mitigation Bank Please be advised that the equipment that Locher Environmental is proposing to use for the remote telemetry project appears to be tully integrateable with the Thalimede units that 51. Lucie County already owns. There are no noticeable technical issues. We recommend using the proposed telemetry equipment from Locher Environmental. c: R. Taylor C, Meline FiP:40497 001 MOO2.doc New Ygrjc. IoN . ~nna!IiIØnìa, PA . Del/oil. MI . Raltian, NC . cnaflOtt!. NC' F;:r1;)c, VA . HollyWood. Fl' ~ Raton. F\. . For! Pierce. R. . T!mVi. Fl . 5arasota, Fl' CO.a1 Gwln. fL ** TOTAL PAGE,02 ** · "'--..- _. . '- ....,¡ ;; .. JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: Cellular CDMA Monitoring System with Bach LDO Sensors, Tipping Bucket Raingauge, KPSI Pressure Transducers, Field Engineering, Installation and Monthly Service for above and for OTT Thalimedes Water Level Recorders (previÓuSiy purchased) As a sole source procurement from: Name of Company: Locher Environmental Technologies Inc. Contact Name: Kevin Locher Phone: 1-866-956-2437 The basis for this sole source determination and the reason no other vendor is suitable is: Locher is the sole source sytems integrator and authorized manufacturer representative for Campbell Scientific and all Hydrolab and OTT products in Florida. This vendor is the sole provider for the integration of all these products in Florida. 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'-" ....I ; BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Mosquito Control PREPARED DATE: 05/18/04 AGENDA DATE: OS/25/04 TO: 145-6230-564000-695016 FROM: 145-9910-599330-800 Pro'eet Reserve REASON FOR BUDGET AMENDMENT: Provide fundin for the Cellular Monitorin S stem EQ04-260. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: N/A N/A N/A ~ {;¡ ~Q ~t; DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: BA04-151 $69,241 $69,241 FEB-26-200A 14:45 '-' C.S. I. ORDER ENTRY -/~'3 750 9671 c ,P. 01/01 .." , ~=~~~~=~~. ~~-;=:~:'2~~~'~~boC::m c SOLE SOURCE CERTIFICATION February 26. 2004 To Whom It May Concern: This letter certifies that Locher Environmental Inc. is the sole source systems integrator and/or authorized manufacturers' representative in Louisiana, Florida, Texas & Mississippi. If you have additional questions, please contact me. Pa r les Administrator Campbell Scientific, Inc. 815 West 1800 North Logan, Utah 84321-1784 Phone: ......... (435) 750-9531 Fax: ........_.... (435) 750-9671 Email: jed@campbellsci.com ~ TOTAL P.01 .~ - ..~_. ...- .05/10/0~ 09: 01 FAX. 970 669 2932 \.r HACH COMPANY @001 -.I , .. 1, :::'OTT - ~----_.._. HyG((Ilab iI"U 011 Hach Coml'any BlãIIds 5600 lJndb~ Drive ·l.cvel.1l'!d. COlorodo 805JS' ¡SOD} 949-3766 fiIX (970) 461·39:¡~ . hydllriab.com· ott.-hydroIDctry.ooro Date: May lOt 2004 Re: Locher Environmental To Whom It May Concern: Thank you for your interest in Hydrolab and OTT instrwnentatíon. All Hydrol~b instrumentation is produced in our Loveland, Colorado factory. Locher Environmental is the only Representative for Hydrolab and OTT products in Florida and Georgia. Please do not hesita.te to contact me with. any questions you may have. · ~es~ regMdsœè; m Customer Contact Manager (800) 949-3766 salcs@hydrolab.com ~ .. - ..-..' ......- \,-' . , '--' ITEM ~ c-2d DATE: 5/25/04 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: MOSQUITO CONTROL DISTRICT BOARD PRESENTED BY: SUBMITTED BY (DEPT): Purchasinq Department Ed Parker, Purchasinq Director SUBJECT: Bid Waiver and Piggyback Broward County School Board Project No. 3041-96-08 Mitigation Project (Landscaping) with Native Technologies, Inc. for a total of $87,959.00 BACKGROUND: On September 2, 2003 the Broward County School Board entered into an agreement with Native Technologies, Inc. for Mitigation Project (Landscaping), Project No. 3091-96- 08, at Winston Park Nature Center. In accordance with Section 5.7 of the County Purchasing Manual, the Mosquito Control Department Staff requests a waiver of the bid process and approval to piggyback the agreement with Native Technologies, Inc. FUNDS AVAILABLE: Account #145115-6230-5h3000-6955 - Other Contractual Services PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the waiver of the bid process and permission to piggyback Broward County School Board Project No. 3041-96-08 Mitigation Project (Landscaping) with Native Technologies, Inc. for a total of $87,959.00 and authorization for the Chairman to sign the contract as prepared by the County Attorney. fIð APPROVED [] DENIED [ ] OTHER: Approved 4-0 (Comm. Lewis Absent) g nderson County Administrator COMMISSION ACTION: County Attorney:(X) ()y ðn 0 J ,... Originating Dept: Mgt. & Budget:;(x) /-//Î Purchasing Mgr.:(X)C#/ f Other: Other: Finance: (Check for Copy only, if Applicable) , ~ ..J BOARD OF COUNTY COMMISSIONERS James R. David Director MOSQUITO CONTROL DISTRICT April 13, 2004 To: Ed Parker, Purchasing Di~~~ /' James David, Director Lf V V" Native Technologies, Inc. Proposal for Impoundment Restoration From: Subject: For review, approval and Mosquito Board scheduling to piggy back Broward County School Board's contract. Please let me know if additional information is needed. Thank you. cc: File JOHN D. BRUHN, District No. 1- DOUG COWARD, District No. 2- PAULA A. LEWIS, District No. 3- FRANNiE HUTCHINSON, District No. 4- CLIFF BARNES, District NO.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue, Fort Pierce, FL 34982 - (172) 462-1692 - Fax (772) 462-1565 - TOO (172) 462-1428 3150 Will Fee Road, Ft. Pierce, FL 34982 r--> .. .,'~. (,...~"I "'-' r.::;.-;) ',-",.. '. ~ -.".' -,-..,~ , -0 --::".. IJJ 0- · tt '"" ~~Native ~ Technologies. Ine:" ..." 3215 NW 10th Terrace, Suite 209 Fort Lauderdale, Florida 33309 Phone 954.523.5236 · 888.301.1707 Fax 954.462.7011 www.nativetechnologiesinc.com April 9, 2004 VIA FEDERAL EXPRESS Mr. James R. David St. Lucie Mosquito Control District 3150 Will Fee Road Fort Pierce, FL 34982 Re: Proposal for Impoundment Restoration Dear Mr. David: Thank you for the opportunity to serve the district. As requested, enclosed herewith is the Contract between Native Technologies, Inc. and The Broward County School Board along with a letter authorizing the use of the Broward County School Board Contract by St. Lucie County relating to the work for the Wilcox Road site. Additionally, I have contacted Ms. Kadin Calder from the Wabasso Learning Center. Ms. Calder stated that she will donate and install fifty (50) mangrove trees in PVC pipe and one hundred twenty one (121) Mangrove seedlings on the Wilcox Road site as part of an educational grant she had procured for the center. This donation would be at no cost to the St. Lucie County. Should you have any questions, please do not hesitate to call. ~ew- Robert B. Miller Senior Vice President RBM:bh Enclosures State Certificate # CB-C038946 Printed on recycled paper @ '-' ....I ~ - --- - -- - -- -- - :::r A_"= V" THE SCHOOL BOARD OF BROW ARD COUNTY, FLORIDA 1700 Southwest 14th Court· FORT LAUDERDALE, FLORIDA 33312 . TEL 954-768-8643 . FAX 954-765-6079 Michael C. Garretson Deputy Superintendent Facilities & Construction Managemel/t SCHOOL BOARD March 24, 2004 Chair CAROLE L. Ai'lDREWS Vìce Chair STEPHANIE ARMA KRAFT, ESQ. Jù'DIE S. BUDNICK DARLA L. CARTER BEVERLY A. GALLAGHER DR. ROBERT D. PARKS MARTY RUBINSTEIN LOIS WEXLER BENJAMIN J. WILLIAMS By Facsimile (954) 462-7011 and U.S. Mail DR. fRA¡\¡K TILL Superintendent o.f Schools Robert Miller Native Technologies, Inc. 3215 NW 10th Terrace Suite 209 Ft. Lauderdale, Florida 33309 Subject: Agreement between The School Board of Broward County, Florida (the "Board") and Native Technologies, Inc. ("Native Technologies"), Mitigation Project (Landscaping), Project No. 3091-96-08 at Winston Park Nature Center I am writing regarding the Agreement between The School Board of Broward County, Florida (the "Board") and Native Technologies, Inc. ("Native Technologies"), Mitigation Project (Landscaping), Project No. 3091-96-08 at Winston Park Nature Center (the "Contract"). The Board awarded the Contract as a competitive procurement under the Board's Procurement Poliàes, Rille Number 3320. The Board has no objection to St. Luàe County or any other government entity from making a purchase directly with Native Technologies under the Contract consistent with Rule 3320, Part I, sections 0 and V, which permit the Board to make similar purchases. Any direct contract between St. Luàe County or any other government entity and Native Technologies shall have no effect on the Contract, and the Board shall have no obligations or liabilities under any such direct contract. If you have any questions, please call me at 954-768-8345. ~;¡¡ ~ ~ael C. Garretson Deputy Superintendent MCG:dh Transforming Education: One Student at A Time Broward COl/lIty Public Schools Is All Equal Opportunity/Equal Access Employer . t'- ""' . Native ,~Technologies. Inc:" """" 3215 NW 10th Terrace, Suite 209 Fort Lauderdale, Florida 33309 Phone 954.523.5236 · 888.301.1707 Fax 954.462.7011 www.nativetechnologiesinc.com CLIENT: ST. LUCIE MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY (FLORIDA) RECEIVED PROJECT LOCATION: RE: IMPOUNDMENT RESTORATION MAY - 5 æJ4 DATE: May 4, 2004 MOSQUITO CONTROL Native Technologies, Incorporated shall perform the work in accordance with the following scope of services: IMPOUNDMENT EXCAVATION AND FILLING: 1. NTI shall provide all labor, material and equipment to excavate approximately two feet of material from the existing ditch and place that material on the top of the impoundment dike. 2. NTI shall spread the excavated material along the top of the impoundment dike after the material has dried sufficiently. 3. NTI will supply and install a geotextile fabric on top of the excavated and spread fill material and below the Coquina rock. 4. NTI will supply, deliver and place a six inch layer of Coquina rock over the geotextile fabric. 5. NTI will install staked silt fence along the eastern perimeter of the fill activities. . PLANTING: 1. NTI will supply and install 580 three gallon Wax Myrtle, 580 three gallon Cocoplum, 579 three gallon Fire Bush. 2. The planting shall occur on both sides of the new impoundment dike roadway. 3. All plant material shall be warranted for ninety (90) days from the date of installation. State Certificate # CB-C038946 Printed on recycled paper@ '-' ...., NOT INCLUDED: 1. Monitoring, aerial photographs, continuous hydro graphs, orange barricade fencing, water sampling, soil sampling and associated laboratory analysis. OTHER CONDITIONS: 1. Contractor shall not be responsible for acts beyond its reasonable control or negligence by others including inappropriate engineering or design. 2. Owner shall be responsible for obtaining any and all permits required for the above stated work prior to NTI commencing work and at no cost to Native Technologies, Inc. 3. Invoices submitted for work completed shall be paid within 30 day of receipt. A finance charge of 1.500% per month or an annual percentage rate of 18.000% will be computed on all past due balances. 4. Any incidental activity not explicitly mentioned in this proposal is excluded from the scope of work. 5. This proposal shall be valid for 30 days. 6. This work may be piggybacked onto the School Board ofBroward County and Northern Palm Beach County Improvement District contracts. SUMMARY: 1. Total cost for the impoundment restoration and excavation $73,003.00 2. Total cost for impoundment planting $14,956.00 3. Total Cost $87,959.00 See Attached Estimate Form for Breakdown of Quantities and Unit Prices form Piggybacked Contracts. Submitted by: ~ Robert B. Miller, Senior Vice President Native Technologies, Inc. "'::S Cl>Q. g>~ II.. '. '" '<t <:) <:) !::! ¡¡; '-' 'wII ë " o E 0( '" '" '" (Q ~ " " '" 0 '" '" '" (J) '" U) '" t::- O '" '" g L/') 0 0 "- '" '" "- N 0 '" ",' <Ô .¿ ~' ~' ". ,,' <6 oJ ",' ",' '" N '" " " "- ...... GO 0 <:) Will ë " o E « <:) " E .. z ë <:) " 0 E 0( t:: I 0 ë '" '" '" (Q CD " ~ '" 0 '" '" '" Q. ... '" '" '" '" on 0 '" '" 0 L/') <:) " 0 0 "- '" '" "- "- N 0 N 0 Q) II!. 0 u)' <Ô .¿ ~' -;f .¿ ,,' <6 oJ ",' M '" 0::: .... E N N " " "- ...... Q) N « GO .. '0 'I<'; CO CI> '!"h: E ~ _,_'Zoo, ~ -;1 I/ CI> ,~ w a:: ,I 'Jæ:-' .c " " >- .!!! .. ro ,., "C " ~ , ~ ~ !!? "" ... ::. -;,oj; d)' N U) '" CO " -J -"or: ;¿:'\ N " U) 0 "C .,!. <Xi <Xi N c: CI) ü: .",i. N CO t; .. 0 t/) ¿~1( u I; ï: ::J ë <:) " 0 E « 0 0 0 0 0 0 ü: 0 u ï: ::J 'i:. , .c TI OJ; " >- ro' .. ro ~ ,~! 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'" o '" g <:> <:> o '" ~ <:> o U) o o 0, =~ ...' c; 0...... <:> C " '" ~ " o " " "- o 0 .. \.If ..., Document 00520 Agreement Form THIS AGREEMENT made and entered into this 2nd day of September, 2003, by and between THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA (hereinafter referred to as "Owner" and Native Technologies, Inc. (hereinafter referred to as "Contractor"). WHEREAS, Owner is the owner of certain real property located in Broward County and Owner desires to have: Mitigation Project (Landscaping) Project No. 3091-96-08 at Winston Park Nature Center constructed pursuant to drawings, specifications and other design documents prepared by Keith and Schnars, P.A. (hereinafter referred to as "Project Consultant"). WHEREAS, the Contractor is desirous ofperformïng the Work in accordance with the Contract Documents and all applicable laws, codes and ordinances. NOW THEREFORE, in exchange for the mutual covenants and promises set forth herein and the sums of money agreed to be paid by the Owner to Contractor, the parties agree as follows: ARTICLE 1. ENTIRE AGREEMENT. 1.01 This Construction Contract, along with the Contract Documents consisting of the Agreement Fonn, MfWBE Program Requirements, Documents contamed in the Project Manual, General and SupplementaIy Conditions, Addenda, Drawings, Specifications, and modifications issued after execution of the Contract embodies the entire agreement between Owner and Contractor and supersedes all other wrttings, oral agreements, or representations. 1.02 The parties shall not be bound by or be liable for any statement, representation, promise, inducement or understanding of any kind or nature not set forth herein. 1.03 NO CHANGES, AMENDMENTS OR MODIFICATIONS OF ANY OF THE TERMS OR CONDmONS OF THE CONTRACf SHALL BE VALID UNLESS REDUCED TO WRITING AND SIGNED BY Barn PARTIES. û .(~ ii·'" ,""'I Y /I IY j \\. <;ÁJ/¡V 1'\ . I~ "p' 1\\\\(., ~ 'í'fv\¿ C, The School Board of Broward County, Florida Agreement Form Document 00520 October 1, 1996 (Rl: May 20, 1997)(R2 12/4/00 DR) (R3 11/21/01 DR) (R4 12/17/02 DB) Page 1 "" ...,,¡ ARTICLE 2. ENUMERATION OF THE CONTRACT DOCUMENTS. 2.01 The Contract Documents consisting of the Agreement Form, MfWBE Program Requirements, Documents contained in the Project Manual, General and Supplementary Conditions, Drawings, Specifications, and all Addenda and modifications issued after execution of the Contract thereto together form the Contract, and they are fully a part of the Contract as if written herein word for word. The following is an enumeration of the Drawings and Project Manual for tlùs Project: 2.02 The Drawings: Drawing Number Sheet 1 Sheet 2 Sheet 3 Sheet 4 Sheet 5 Sheet 6 Sheet 7 Sheet 8 Drawing Title Title Sheet and Location Map Vicinity Map Winston Park Section One Preservation Area, Page 1 of 2 Winston Park Section One Preservation Area, Page 2 of 2 Typical Geoweb Trail Detail Typical Trail Detail Planting Schedule and Notes Project/Planting and Notes 2.03 The Project Manual: Document Number 00001 00002 00007 00008 00010 00015 00101 00200 00215 00217 00220 00225 00300 00410 00420 00425 00433 00435 00436 00457 00460 00465 Document Title Project Title Page Project Directory Professional Seals Page Prequalification of Contractors Notice Table of Contents List of Drawings Advertisement for Bids Instructions to Bidders Application for Bidding Documents Bidder's Information Sheet Bidder's Request for Information Bidder's Substitution Request Information Available to Bidders Bid Form Bid Security Form Certificate of Intent Subcontractors List Schedule of Values Schedule of Unit Prices Drug-Free Workplace Certification Trench Act Compliance Statement MWBE Program Requirements Number of Pages 1 1 1 1 3 1 2 20 1 4 1 2 6 4 2 1 2 2 2 2 1 1 The School Board of Broward County, Florida Agreement Form Document 00520 October 1, 1996 (Rl: May 20, 1997)(R2 12/4/00 DB) (R3 11/21/01 DB) (R4 12/17/02 DB) page 2 00485 00505 00510 00520 00550 00600 00610 00620 00625 00640 00700 00910 00920 01110 01250 01250a 01250b 01250c 01250d 01250e o 1250f 01250g 01270 01290 01290a 01310 01310a 01310b 01320 01320a 01320b 01320c 01330 01330a 01350 01450 01770 01770a 01770b 01770e 01770f 01770g 01770h '-' ....,¡ . 1 3 3 12 2 3 1 4 4 2 40 1 6 6 8 1 1 1 1 1 1 1 3 4 2 10 1 1 14 1 1 1 9 1 7 11 9 1 1 1 1 1 1 Monthly MWBE Subcontractors Utilization Report Notice of Intent to Award Notice of Award Agreement Fonn Notice to Proceed Performance Bond Fonn Payment Bond Fonn Subcontractor's Perfonnance Bond Subcontractor's Payment Bond General Release and Full Release of Lien General Conditions of the Contract Addenda School Board Policy 7011- Prequalification of Contractors Division 1 -- General Requirements Summary of Work Contract Modification Procedures Proposal Request Change Order Request (Proposal) Proposal Worksheet Detail Proposal Worksheet Summary Construction Change Directive Project Consultant's Supplemental Instructions Change Order Unit Prices Payment Procedures Application for Payment Project Management and Coordination Contractor's Request for Interpretation Transmittal Construction Progress Documentation Weekly Progress Report Periodic ObseIVation Report Non-Conforming Work Notice Submittal Procedures Transmittal Fonn Special Procedures Quality Control Closeout Procedures Contractor's Request for Substantial Completion Inspection Consultant's Notification of Readiness for Substantial Completion Inspection Consultant's Letter Establishing Substantial Completion Date Contractor's Request for Final Completion Inspection Consultant's Notification of Readiness for Final Completion Inspection Consultant's Letter Establishing Final Completion Date The School Board of Broward County, Florida Agreement Form Document 00520 October I, 1996 (Rl: May 20, 1997)(R2 12/4/00 DR) (RS 11/21/01 DB) (R4 12/17/02 DB) page 3 '-' ,..., 02821 Division 2 -- Site Construction Chain Link Fences and Gates 5 Division 17 - Environmental Permits Environmental Permits 22 Division 18-Geoweb System Information Geoweb System Information 8 ARTICLE 3. CONTRACT SUM. 3.01 The Owner shall pay. and the Contractor shall accept. as full and complete payment for the Contractor's timely perlormance of its obligations hereunder. the fixed prtce of: One Hundred Nineteen Thousand Four Hundred Fifty Nine Dollars $119,459 which shall constitute the Contract Price. which shall not be modified except by Change Order or by Unit Prices. if any. as provided in the Contract Documents. ARTICLE 4. TIME FOR CONTRACTOR'S PERFORMANCE. 4.01 Upon execution of the contract by both the successful Bidder and the Owner. submittal of the required perlormance and payment bonds. certificates of insurance. and receipt and approval of the required post-bid information. the Owner will issue Document 00550. Notice to Proceed which will stipulate the comrriencement date for the Work. 4.02 The Contractor shall commence the perlormance of the Work on the date stipulated on Document 00550, Notice to Proceed, and shall diligently continue its perlormance to and until final completion of the Project. 4.03 Required date(s) of Substantial Completion 4.03.01 The Contractor shall accomplish Substantial Completion of the Work on or before: 41 Consecutive Calendar Days 4.03.02 In the event the Work involves more than one phase. then the commencement and Substantial Completion dates for each phase are as follows: Phase Commencement Date: Required Substantial Completion Date 4.04 Liquidated Damages for Substantial Completion: The School Board of Broward County. Florida Agreement Form Document 00520 October 1,1996 (Rl: May 20. 1997)(R2 12/4/00 DB) (R311/21/01 DB) (R4 12/17/02 DH) page 4 '-' ....,¡ 4.04.01 The Contractor shall pay the Owner the sum of: Two Hundred Dollars $200.00 per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion. 4.04.02 In the event more than one phase is involved, then the liquidated damages due for each phase shall be as follows: Phase Phase Phase Dollars $ Dollars $ Dollars $ 4.04.03 Owner and Contractor acknowledge that any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing a reasonable estimate of delay damages, inconvenience, additional overhead and costs, likely to be sustained by the Owner, estimated at the time of executing this Contract. If the Owner reasonably believes in its discretion that Substantial Completion will be delayed, the Owner shall be entitled, but not required, to withhold from any amounts otheIWise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. If and when in its discretion the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the Owner has withheld payment, the Owner shall promptly release to the Contractor those funds withheld, but no longer applicable. as liquidated damages. 4.04.04 Partial use or occupancy of the Work shall not result in the Work deemed substantially completed, and such partial use or occupancy shall not be evidence of Substantial Completion. 4.04.05 Substantial Completion, in the context of this Contract, does not refer to any prior dates wherein the Owner employs other contractors to work on the same site of the Proj ect or Work. ARTICLE 5. SUBSTANTIAL COMPLETION AND FINAL PAYMENT. 5.01 Substantial Completion: 5.01.01 When the Contractor believes that Substantial Completion has been achieved. the Contractor shall notify the Project Consultant in writing and shall provide to the Project Consultant a listing of those matters yet to be finished. The Project Consultant will detennine whether the Work (or portion thereof) is appropriately ready for a Substantial Completion Inspection. 5.01.02 If the Work is detennined to be ready for a Substantial Completion Inspection. the Project Consultant and Owner will thereupon conduct an inspection of the Work to detennine if the Work is, in fact, substantially complete and establish a list of items necessary for the Contractor to correct or finish. When Substantial Completion has been granted as evidenced by the Substantial Completion Inspection, the Project The School Board of Broward County. Florida Agreement Form Document 00520 October 1, 1996 (Rl: May 20, 1997)(R2 12/4/00 DR) (R3 11/21/01 DB) (R4 12/17/02 DR) Page 5 '- .....,¡ Consultant will issue a letter fonnally establishing the Substantial Completion Date for the Work or portion thereof. 5.01.03 Up on Substantial Completion. the Owner shall pay the Contractor an amount sufficient to increase total payments to the Contractor to the Contract Price. less any amounts attrtbutable to liquidated damages. together with two hundred percent (200%) of the reasonable costs (as detennined by the Owner at its sole discretion). for completing all incomplete work. correcting and bringing into confonnance all defective and nonconfonning Work and handling any outstanding or threatened claims or any other matters which could cause the Owner damage. cost, expense or delay. 5.02 Final Completion: 5.02.01 When the Contractor believes that the Work. or portion thereof, is finally complete and is ready for a final inspection. the Contractor shall notify the Project Consultant. in writing. The Project Consultant will then detennine whether the Work (or portion thereof) is approprtately ready for a Final Completion Inspection. 5.02.02 If the Work is detennined to be ready for a Final Completion Inspection. the Project Consultant and Owner will thereupon conduct an inspection of the Work to detennine if the Work is. in fact. finally complete. When Final Completion has been granted as evidenced by the Final Completion Inspection. the Project Consultant will issue a letter formally establishing the Final Completion Date for the Work or portion thereof . 5.02.03 When the Project Consultant and Owner confirms that the Project is complete in full accordance with the Contract Documents and has passed all required inspections. including but not lirrùted to those required by the State Department of Education, and/ or from any and all governmental bodies, boards, entitles, etc.. and that the Contractor has perfonned all of its obligations to the Owner, the Project Consultant will provide a final Approval for Payment to the Owner certifying to the Owner that the Project is complete and the Contractor is entitled to the remainder of the unpaid Contract PIice, less any amount withheld pursuant to Contract Documents. 5.03 Liquidated Damages for Final Completion: 5.03.01 If the Contractor fails to achieve final completion within 20 days of the date of Substantial Completion. the Contractor shall pay the Owner the sum of: 1Wo Hundred Dollars $200.00 per day for each and every calendar day of unexcused delay in achieving final completion beyond the date set forth for final completion of the Work. 5.03.02 In the event the Project involves more than one phase. then the final completion date and liquidated damages amount for each phase shall be as follows: Phase Phase Phase The School Board of Broward County. Florida Agreement Form Document 00520 OCtober 1. 1996 (Rl: May 20, 1997)(R2 12/4/00 DH) (R3 11/21/01 DH) (R4 12/17/02 DH) Page 6 Dollars $ Dollars $ Dollars $ \.w ~ 5.03.03 Any sums due and payable hereunder by the Contractor shall be payable. not as a penalty. but as liquidated damages representing a reasonable estimate of delay damages. inconvenience. additional overhead and costs likely to be sustained by the Owner. estimated at or before the time of executing this Contract. When the Owner reasonably believes that final completion will be unexcusably delayed, the Owner shall be entitled, but not required. to withhold from any amounts otherwise due the Contractor an amount then believed by the Owner to be adequate to recover liquidated damages applicable to such delays. 5.04 Prior to being entitled to receive final payment, and as a condition precedent thereto. the Contractor shall provide the Owner. in the fonn and manner required by Owner, if any. with a copy to the Project Consultant, of the following: 5.04.01 An affidavit that all of the Contractor's obligations to subcontractors, laborers, equipment or suppliers, or other third parties in connection with the Project, have been paid or otheIWise satisfied; 5.04.02 Such other documents as required by the Owner froni each subcontractor, lower tier subcontractor, laborer, supplier or other person or entity who has or might have a claim against the Owner; 5.04.03 All product warranties. operating manuals, instruction manuals and other things or documents customarily required of the Contractor. or reasonably required by Owner. including but not limited to those required elsewhere in the Contract Documents. as part of its Project Closeout procedures; . 5.04.04 The Owner shall, subject to its rights set forth in the Contract Documents. make final payment of all sums due the Contractor within thirty (30) days of the final Approval for Payment. 5.04.05 The Owner and Project Consultant may acknowledge satisfactory completion and accept the Work notwithstanding the existence of certain items of Work which are incomplete. As set forth in Article 5.03.03 of Article 5 hereof. the Owner may, but is not obligated to guarantee completion of incomplete items of Work by escrowing funds equal to two hundred (200%) percent of the estimated cost of the incomplete Work and shall establish a reasonable date by which all incomplete Work must finally be complete. ARTICLE 6. TIME AND DELAYS. 6.01 All time in the Contract Documents is calculated on a consecutive calendar day basis. 6.02 Time is of the essence in this Contract, and any breach of same shall go to the essence hereof, and Contractor, in agreeing to complete the Work within the time herein mentioned, has taken into consideration and made allowances for all reasonable hindrances and delays incident to his work. 6.03 Contractor agrees to commence the Work when directed by Owner and to diligently and continuously perfonn such Work and to coordinate the Work with other Work being perfonned on the Project by other trades so that the Owner shall not be The School Board of Broward County. Florida Agreement Form Document 00520 October I, 1996 (R1: May 20, 1997)(R2 12/4/00 DH) (R3 11/21/01 DB) (R4 12/17/02 DR) Page 7 \w ....., delayed by any act or olIÚssion of Contractor in completion of the Project within the time specified above. 6.04 Contractor shall make payments promptly to its vendors, subcontractors, suppliers and for labor, material and equipment used by it in the performance of lûs work. 6.05 The Contractor shall not be entitled to any claim for damages or an extension of Time on account of hindrance or delays from any cause whatsoever, but if caused by any act of God or active interference on the part of the Owner, such act, hindrance, or delay may only entitle the Contractor to receive an extension of time as its sole and exclusive remedy. 6.05.01 Adverse weather such as rain is not to be considered to be an Act of God unless it exceeds the ten (10) year average as published by the National Weather Service (or equivalent organization acceptable to the Owner at its sole discretion) for that time of year in Broward County. 6.05.02 An extension of time to complete the Work shall be determined by the Owner provided that the Contractor provides the Owner with notice in writing of the cause of said act, hindrance or delay within twenty (20) days after its occurrence; 6.05.03 In the event the request for extension is not made in writing within that twenty (20) day time period, Contractor aclmowledges and agrees it has forever waived any and all rights to such an extension. 6.05.04 All extensions of time shall be authorized only by a written change order executed by the Owner and Project Consultant. 6.05.05 This "no damage for delay" clause will encompass any damages for delay or disruption even if the Contractor completes construction of the Work in a timely fashion in accordance with this Contract. 6.05.06 Damages as referenced in this "no damage for delay" shall include any type of damages that are or could be awarded by any court or arbitration panel such as, by way of general example, but not limitation, tort, contract, strict liability, consequential damages, liquidated damages and/or punitive damages. 6.05.07 By way of specific example but not limitation, damages as referenced within this clause includes loss of use, loss of profits, labor inefficiency, loss of bonding capacity, overhead and repair costs, costs of capital replacement, loss of wages, pain and suffering, loss of production costs to replace facilities, equipment and/or product loss. increased and/or extended home office overhead, increased general conditions. costs of mobilization and demobilization. decrease in value. and/ or any other damage or loss. 6.05.08 The Contractor recognizes and specifically acknowledges the terms and conditions of the "no damage for delay" clause upon execution of this Contract. ARTICLE 7. CONTRACT BONDS The School Board of Broward County, Florida Agreement Form Document 00520 October 1.1996 (Rl: May 20, 1997)(R2 12/4/00 DB) (R3 11/21/01 DB) (R4 12/17/02 DH) Page 8 '- ...,,¡ 7.01 The Contract shall become effective and in full force upon the execution of this agreement, concurrently with the delivery of a bond issued by a Surety Company acceptable to Owner in its sole discretion. such Surety being qualified and rated in accordance with Article 42.09 of Document 00700. General Conditions of the Contract, and approved by the United States Treasury Department and licensed to do business in the State of FloIida. 7.02 TIlis Agreement must be executed and signed by a resident agent having an office in FloIida. representing such Surety Company. for one hundred per cent (100%) of the Contract pIice. said bond guaranteeing the perfonnance of this Contract and as security for the payment of all persons perfonning labor and providing mateIials in connection with this Contract. 7.03 The fonn of Bonds required is included elsewhere in the Contract Documents. TIlis is in addition to any bonds of subcontractors or others. ARTICLE 8. NOTICES 8.01 Any notices provided for hereunder shall be in wIiting and may be served either personally on the authorized representative of the receiving party at the jobsite. with a copy via telecopier or facsimile to the addresses shown below, or by registered mail or overnight delivery/courter service (e.g.. Federal Express) to that party at the addresses shown below: Party: Owner: The School Board of Broward County. FloIida With Copy To: The School Board of Broward County, Florida Contractor: Native Technologies, Inc. Surety: ACSTAR Insurance Company Surety's Agent: Henry W. Nozko Project Consultant: Keith and Schnars. P.A. Address: 1700 SW 14th Court Fort Lauderdale, FL 33312 Attn: Michael Garretson, Deputy Superintendent 170Ò SW 14th Court Fort Lauderdale, FL 33312 Attn: Robert KIickovich, Proiect Man~er 3215 NW 10th Terrace, # 209 Ft. Lauderdale, FL 33309 Atm: Robert B. Miller 233 Main Street P.O. Box 2350 New Britain, cr 06050-2350 233 Main Street P.O. Box 2350 New Britain, cr 06050-2350 6500 N. Andrews Ave. Fort Lauderdale, FL 33309 8.02 These addresses may be changed by either of the parties by wIitten notice to the other party. The School Board of Broward County, Florida Agreement Form Document 00520 October 1, 1996 (Rl: May 20, 1997)(R2 12/4/00 DH) (R3 11/21/01 DH) (R4 12/17/02 DH) Page 9 '- ..., In witness thèreof, the said Contractor, Native Technologies, Inc., and the Owner, The School Board of Broward County, Florida, have caused this contract to be executed and their corporate seals affixed by and through their proper officers, thereunto duly authorized, on this day and year first above written. OWNER CONTRAcroR THE SCHQOL BOARD OF BROWARD COUNTY, FLORIDA NATIVE TECHNOLOGIES, INC. .:c-·::~~~-·' ~'. ES~t~\; d .~~',:.~.. ii,.. _ II)/. {I/'--- ...; ~,: .\ '.' , 's.Wexler. Chair ~ :- :-:, , '. . - By: (jðfJ Robert B. Miller, Senior Vice President . SE/,L .' r . I' - .~' ~ ,. ./'/ " . .~, ·1" . .t,r u· . u " :1' 1'1 : ~~~ Witness or Attest Secretwy (Contractor) t~lA 1JuLc . Barbara Hess, Marketing and Bld CÖordinator Approved The School Board of Browarcl County, Florida Apccment Form Document 00520 October 1. 1996 (R1: May 20, 1997)~ 12/4/00 DH) (R3 11/21/01 DR) (R4 12/17/02 DB) Pace 11 "- ...., ACKNOWLEDGMENT The Surety acknowledges that it has read the foregoing Construction Contract and has familiarized itself with the obligations of the Contractor and the Surety as stated therein, which obligations are agreed to by Surety and are incorporated, by reference to the Construction Contract, in the Payment and Performance Bonds. SURETY:' ACSTAR Insurance Company By: ~ Its: H"'''r''W NI";>:'m. Jr.. Preside!1t . Date: 9/2/03 1 STATE OF Connecticut COUNTY OF Hartford The foregoing instrument was acknowledged before me this ?n~ day of Se1)temb~ 2003 by Henry W. Noz~o, Jr., President of ACSTAR I~s~rence COffi)eny , on behalf of the corporation or agency. He/she i~sonally kn~to me or produced did/did not first take an oath. as identification and My commission expires: ~ 3J,d...CO~ DANIELLE PARE NOTARY PUBLIC MY COMMISSION EXPIRES OCT. 31.2006 . ..,..... Printed Name of Notary \... l " . . '. l., ..~ - I Notary's Commission No. .... - . J'~.. : (__ \ . '. I .' I,' . ;101/' ." The School Board or Bróward County, Florida Agreement Form Document 00520 October 1, 1996 (Rl: May 20, 1997)(IU 12/4/00 DB) (R3 11/21/01 DB) (R4 12/17/02 DR) Page 12 "-' ......, ~ . The School Board of Broward County, Florida Facilities and Construction Msutsgement Division 1700 SW 14th Court Fort Lauderdale, FL 33312 (954) 765-6390 Document 00436: Schedule of Unit Prices . Project No: Project Title: Facility Name: 3041-96-08 Mitigation Project at Winston Park Winston Park Section One-A Preservation Area Unit prices quoted below will be utilized by the Owner as the basis for pricing possible future additions to or deletions from the Work. Unit prices quoted on this Document will not form part of the basis for award of the Co.ntract. Estimated quantities shown below are "sample" quantities utilized for accounting purposes only and cannot be guaranteed to represent an actual amount or quantity of labor; services, or materials required to complete the Work. . Item Designation No. (Refer to Section 01270, Unit Prices) Unit of Unit of Price Estimated Measure (Dollar/Cents) Quantity Total Price (pollar¡Cents) 1. Mobilization 1 LS -0- -0- 2. Initial Exotic/Nuisance Control, Species Removal Area Initial Exotic/Nuisance Control, Species Treatment In Place Area Silt Fence $ 1,603.68 AC 2.05 $6,170.74 $12,650.02 3. AC 4.00 $1,196.75 $ 4, 787.00 4. LF 1542 $ 1.04 5. Clear and Grub for trails 884.0 SY $ 0.77 $ 680.68 6. Excavation for Geoweb Section of Trail (6" Deep) Geotextile (Mirafi HS 1400){F&I) $ 9,217.28 SY 685.3 $ 8.45 $ 13.45 $ 5,790.78 7. 685.3 SY Geoweb (including #57 Stone in fill and 2" over fill) (F&I) 9. Mulch for trails (F&I) (5" Thick) . "'b]~,··....·CQÇþ'J;>IµiIì:(ChfýSo'b~1:1YJu.s-,~êo)f (3g31) (2'':3'Htf{F&I) (Including' - Required Mulch) 8. SY 685.3 $ 22.53 $15,439.81 SY EA 884.0 218 $ 5.41 $ 4,782.44 $ '~$37~~"" $ 1,916.22 11. Wax ¥yrt1e(Myrica cerifera) (3 gal);' (2'-3' Ht)(F&I) (Including Required ..' Mulch) 12. Firebush (Hamelia Patens) (3gal) 2'-3' Ht)(F&I) (Including Required Mulch) EA 220 $ 8.79 $ 1,935.00 EA 218 $ $ 1,791.96 8.22 . Unit of Unit of Price Estimated Total Price Item Designation The School Board of Broward County, Florida ~,...",..A_1.. _,. TT_.U· '0.0-1___ Document 00436 p.. v,. 1 ~ ....., ~ . The School Board of Broward County, Florida Facilities and Construction Management Division 1700 SW 14th Court Fort Lauderdale, FL 33312 (954) 765-6390 Document 00436: Schedule of Unit Prices 14. (Refer to Section 01270, Unit Prices) ldeasure (Dollar/Cents) Quantity (Dollar/Cents) Fertilizer TN $ 693.29 1.64 $ 1, 13 7 . 00 Bimont1ùy maintenanct': treatment EA 6 for first year (exotic plant control and $2,279.33 $13,675.98 installed plants care) Quarterly maintenance treatment for EA 16 four years (exotic plant control and $2,652.75 $42,444.00 installed plants care) Fence Gate (F&I)(Double Swing AS 1 Gates 12' opening) $1,520.00 $1,520.00 Fence Removal LF 50 $ 1. 76 $ 88.00 No. 13. 15. 16. 17. Phone: (954) 523-5236 ~~ Signature Robert B. Miller Senior Vice President Title Submitted By: Native Technologies, Inc. Company Name & 3215 NW 10 Terrace, #209 Address: Fort Lauderdale, FL 33309 ". The School Board ofBroward County, Florida Schedule of Unit Prices OctnMr L 1 QQ6 Document 00436 Page 2 ~ ...., ST. LUCIE COUNTY EROSION DISTRICT .-""~......-._ _"_"_'__' "'~'_'_""""~'~'C_'~_-~' '~'_'_+"~'..""þ>..,...."_~"..,..",_."._a,,.,..,.--,,,,,,_-,,y~-.,,,,,,,,,·,,,,,-~,,,- John D. Bruhn District 1 Doug Coward District 2 Paula A. Lewis District 3 Frannie Hutchinson District 4 Cliff Barnes District 5 --"'~- -_...-- _._ .~..".""c__.:. .........~.-.__'"...._".~._c..,'_ . ~.,_.~...._.,-...._.........'- AGENDA May 25, 2004 1. MINUTES Approve the minutes of the meeting held May 11, 2004. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LISTS Approve Warrants List No. 35 and 36. 2. EROSION CONTROL A. General Re-Evaluation Report (GRR): Enter into Amendment No.1 to Work Authorization No. 12 (C-00-12-181) with Taylor Engineering, Inc. for additional services related to the Fort Pierce Shore Protection project. - Consider staff recommendation to approve Amendment No. 1 to the Work Authorization No. 12 with Taylor Engineering, Inc. ($41,830) and execute of said agreement by the Chairman. B. Feasibility Cost Sharing agreement and corresponding draft Project Management Plan form the U.S. Army Corps of Engineers (USACOE) regarding the southern shoreline of St. Lucie County - Consider staff recommendation to approve the Feasibility Cost Sharing agreement and execute said agreement by the Chairman; contingent on review and approve the final Project Management Plan by the County Attorney. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462.1428 at least forty-eight (48) hours prior to the meeting. '-" ..." EROSION CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May II, 2004 Tape: 2 Convened: 11 :21 a.m. Adjourned: 11 :22 a.m. Commissioners Present: Chairman, Frannie Hutchinson, Paula A. Lewis, John D. Bruhn, Cliff Barnes, Doug Coward Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Bruhn, seconded by Com. Coward, to approve the minutes of the meeting held April 13, 2004; and, upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Coward to approve the Consent Agenda; and, upon rol1 cal1, motion carried unanimously. Com. Coward pointed out that item 2A on the Consent pertained to the artificial reef expansion program he wanted to let those from the fishing clubs who had contacted him that the process was started. Artificial Reef Program- Approval of Amendment 1 to Work Authorization No.2 (C-OO- 12-173) with Coastal Planning & Engineering- The Board approved the amendment and execution of said amended agreement by the Chairperson. There being no further business to be brought before the Board, the meeting was adjourned. .-.- Chairman Clerk of Circuit Court 05/17/04 F'7.ABWARR FUND 184 TITLE '- "'" ST. LUCIE COUNTY - BOARD WARRANT LIST #35- 08-MAY-2004 TO 14-MAY-2004 FUND SUMMARY- EROSION EXPENSES Erosion Control Operating Fund 86.02 86.02 GRAND TOTAL: ~..,. .~ PAGE 1 PAYROLL 0.00 0.00 OS/21/04 p....7illWARR FUND 184 TITLE ~ ST. LUCIE COUNTY - BOARD .."" WARRANT LIST #36- 15-MAY-2004 TO 21-MAY-2004 FUND SUMMARY- EROSION Erosion Control Operating Fund GRAND TOTAL: A... .. EXPENSES 7,463.43 7,463.43 PAGE 1 PAYROLL 2,879.45 2,879.45 \ AGENDA REQUEST ...", ITEM NO. C-2A Date: May 25, 2004 ", \r TO: ST. LUCIE COUNTY EROSION DISTRICT SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: ~,~.>\(JL (j]<.,>(.I..C'~l '\.c:L Richard A. Bouchard, P.E. Erosion District Manager SUBJECT: General Re-Evaluation Report (GRR): Enter into Amendment No.1 to Work Authorization No. 12 (C-OO- 12-181) with Taylor Engineering, Inc. for additional services related to the Fort Pierce Shore Protection project. BACKGROUND: Authorized by Congress (WRDA, 1996 and 1999), the U.S. Army Corps of Engineers (Corps) was directed to prepare a GRR to consider extending the authorized 1.3-mile project one (1) additional mile south of the Fort Pierce Inlet, for a total project length of 2.3 miles. Due to the rapid migration of beach fill southward from the 1999 beach nourishment, the Corps was unable to justify extending the project length at this time. However, the draft GRR does verify and recommend Federal participation in mitigating the erosional impacts due to the Federal navigation project-thus reducing the non-federal cost share from 53.7% to approximately 25%. The other important element that the GRR addresses is the high erosion rate immediately south of the inlet and the need to incorporate structures into the long-term management plan. On January 13, 2004 the Board approved Work Authorization No. 12 ($170,525) with Taylor Engineering to undertake the necessary tasks to complete the GRR as agreed upon by the Corps. This action was taken by the Erosion District as result of the inaction of the Corps to complete the GRR that included several unsuccessful commitments. The present life for the Fort Pierce Shore Protection project is authorized until the year 2020. The attached amendment includes a detailed scope of work from Taylor Engineering to revise the data in the GRR for a new 50- year economic period. This data will not replace, but rather parallel the existing economic data for the year 2020. Once the GRR is approved, we will have ability to take the new economic information to Congress and seek language in the WRDA Bill to authorize a new 50-year project life. FDEP has reviewed and approved the scope of work and will cost share this work through grant agreement 04SL 1 at 50%. FUNDS: Funds for these services will be made available in the following accounts: $41,830 in Account No. 184205-3710-531000-3630; FDEP Fort Pierce Shore Protection Grant. PREVIOUS ACTION: January 13, 2004: FDEP Grant 04SL 1 (50% match) approved $974,000 in State funds. January 13, 2004: Board approved W.A. #12 with Taylor Engineering to complete the GRR. RECOMMENDATION: Staff recommends Erosion District Board approval of Amendment NO.1 to Work Authorization No. 12 (C-00-12-181) with Taylor Engineering, Inc. ($41,830) and execution of said agreement by the Chairperson. COMMISSION ACTION: [J€ APPROVED [ ] OTHER: [ ] DENIED Approved 4-0 (Comm. Lewis Absent) [x]County Attorney [x]Originating Dept. Public Works~' ~~ [x]Mgt. & Budget [x]Erosion District 12f.}f!> --~ [x]Fiscal Coordinator .ß ~ r1 \W; [x]Finance Department (Grants) ê.J- \ ''ff'' ---... , 4' '-"' COl181 (W~2, Amend #1) FIRST AMENDMENT TO WORK AUTHORIZATION NO. 12 Engineering Services Related to the Fort Pierce Shore Protection Project (GRR) Work Authorization No. 12 between St. Lucie County Erosion District (the "District") and Taylor Engineering, Inc. (the "Consultant"), for Services related to the Fort Pierce Shore Protection Project (GRR), dated January 13,2004 (the "Agreement"), is hereby amended to increase the amount of the compensation to be paid to the Consultant to a total not to exceed Two Hundred Twelve Thousand, Three Hundred Fifty-Five Dollars ($212,355). The Consultant's additional "Scope of Services", "Work Compensation Sheet", and "Project Schedule" have also been attached hereto and made a part hereof as Exhibits "A", "B", and "C", respectively. All other terms and conditions of Work Authorization No. 12 (C-00-12-181) shall be the same and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this First Amendmentto Work Authorization No. 12 (C-00-12- 181) to be executed and delivered on the dates below. WITNESSES: ST. LUCIE COUNTY EROSION DISTRICT BY: CHAIRPERSON Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: TAYLOR ENGINEERING, INC. BY: Print Name: Title: Date: HlWPIMISCiAYLORWIUMI .,. '-' """ A TT ACHMENT A Scope of Services to Revise the General Reevaluation Report with Final Environmental Assessment Ft. Pierce Shore Protection Project, St. Lucie County, Florida to 50 Year Project Life Task 1 Optimization Spreadsheets Appendix Revision We will revise the renourishment spreadsheets including updated project induced erosion rates for the three alternatives described above for a 50 year economic analysis period. Cost Task 1: $2,323 Task 2 Economics Appendix Revision We will check the structure inventory and values to ensure that it is up-to-date. We will run the storm damage model with the updated structural inventory and values and erosion rates for a 50 year analysis peirod. We will update relevant sections of the appendix. Cost Task 2: $5,827 Task 3 Revision of Main Report We will update all sections of the 1998 GRR to reflect recent data. In particular, we will modify and update the following sections of the main report · Syllabus · Pertinent Data and Economic Summary · Introduction · Prior Non-Federal Corrective Action · Plan Fonnulation · Optimization of Project Features · Intennediate Optimization - Economic Benefit to Cost Analysis · Detailed Project Design · Description of Project · Conclusions · Recommendations We will revise the main report to emphasize the feeder behavior of the beach fill placed in the segment R34-R41 to remove the R41-R46 beach segment, given its accretion since the 1999 beach fill, from the recommended project. We will include the following alternatives to the plan fonnulation and optimization process \..r ..., ATTACHMENT A · Beach fill with shoreline stabilization structures . Beach fill only · Nonuniform advance nourishment (beach fill) + renourishment interval - this alternative, suggested by Mr. Mark Leadon (FDEP), will examine the viability of using a non uniform reach fill construction template which protrudes seaward and landward of the 1999 beach fill template in the northern regions and southern regions while not changing the 'net' hard bottom impact. Cost Task 3: $13,423 Task 4 Final Beach Fill Volume Requirement and Cost Estimate We will use the spring 2004 survey to develop beach fill volume estimates. We will use these volume estimates to rerun the MCACES cost estimate for the NED project. Cost Task 4: $3,686 Task 5 Draft Report Submittal and Response to Independent Technical Review Comments We will present the study methods and findings and provide five copies of a draft report (main report and all appendices) to the Jacksonville District U.S. Army Corps of Engineers (USACE) for their technical review. We will respond to all comments and make necessary revisions. We will submit ten copies of the draft report to the Jacksonville District USACE; we assume that the District will submit the draft report to their headquarters for approval. Cost Task 5: $9,678 Task 6 Response to USACE Headquarters Comments and Final Report Submittal Upon receipt of comments from USACE headquarters, we will revise the report to incorporate all comments. We will provide the Jacksonville District USACE with 10 copies of the final report. Cost Task 6: $6,893 Total Project Cost: $41,830 We will perform the above described services for the fixed, lump sum amount of$41,830. ~ \.,. .." Page 1 TAYLOR ENGINEERING, INC. COST SUMMARY BY TASK TASK 1: Optimization Spreadsheets Appendix Revision Labor Hours Cost Task Totals Chief Engineer 1.000 119.00 Director 4.000 424.00 Senior Professional 5.000 480.00 Project Professional 9.000 711.00 Staff Professional 6.000 396.00 Senior Technician 1.000 70.00 Staff Technician 3.000 123.00 Total Man-Hours 29.000 Labor Cost 2,323.00 Total Task 1 2,323.00 TASK 2: Economics Appendix Revision Labor Hours Cost Task Totals R. Bruce Taylor, Ph.D. 1.000 209.00 Chief Engineer 2.000 238.00 Director 6.000 636.00 Senior Professional 10.000 960.00 Project Professional 27.000 2,133.00 Staff Professional 8.000 528.00 Senior Technician 8.000 560.00 Staff Technician 3.000 123.00 Administrative Support 10.000 440.00 Total Man-Hours 75.000 Labor Cost 5,827.00 Total Task 2 5,827.00 " \.r '-' Page 2 TASK 3: Revision of Main Report Labor Hours Cost Task Totals R. Bruce Taylor, Ph.D. 2.000 418.00 Sr. Vice President 2.000 370.00 Vice President 1.000 130.00 Chief Engineer 16.000 1,904.00 Director 16.000 1,696.00 Senior Professional 20.000 1,920.00 Project Professional 48.000 3,792.00 Staff Professional 16.000 1,056.00 Senior Editor 6.000 456.00 Senior Technician 5.000 350.00 Staff Technician 11.000 451.00 Administrative Support 20.000 880.00 Total Man-Hours 163.000 Labor Cost 13,423.00 Total Task 3 $ 13,423.00 TASK 4: Final Beach Fill Volume Requirement and Cost Estimate Labor Hours Cost Task Totals Chief Engineer 1.000 119.00 Director 3.000 318.00 Senior Professional 10.000 960.00 Project Professional 22.000 1,738.00 Staff Professional 4.000 264.00 Senior Technician 1.000 70.00 Staff Technician 1.000 41.00 Administrative Support 4.000 176.00 Total Man-Hours Labor Cost 46.000 3,686.00 Total Task 4 $ 3,686.00 , "-- ''#ftI1 Page 3 TASK 5: Draft Submittal and Response to Independent Technical Review Comments Labor Hours Cost Task Totals R. Bruce Taylor, Ph.D. 1.000 209.00 Sr. Vice President 1.000 185.00 Vice President 1.000 130.00 Chief Engineer 12.000 1,428.00 Director 8.000 848.00 Senior Professional 10.000 960.00 Project Professional 40.000 3,160.00 Staff Professional 4.000 264.00 Senior Editor 4.000 304.00 Senior Technician 10.000 700.00 Staff Technician 2.000 82.00 Administrative Support 32.000 1,408.00 Total Man-Hours Labor Cost 125.000 9,678.00 Total Task 5 $ 9,678.00 TASK 6: Response to USACE Headquarters Comments and Final Report Submittal Labor Hours Cost Task Totals R. Bruce Taylor, Ph.D. 1.000 209.00 Sr. Vice President 1.000 185.00 Vice President 1.000 130.00 Chief Engineer 8.000 952.00 Director 8.000 848.00 Senior Professional 8.000 768.00 Project Professional 24.000 1,896.00 Staff Professional 5.000 330.00 Senior Editor 4.000 304.00 Senior Technician 5.000 350.00 Staff Technician 1.000 41.00 Administrative Support 20.000 880.00 Total Man-Hours Labor Cost 86.000 6,893.00 Total Task 6 $ 6,893.00 Project Total $ 41,830.00 \,., ...... ....", ~ I ¡:; z ü o () en :J <x: '5 ...., <x: ro :::ii .0 () u.. S c: o~ N (J .... Z w :! x (J ~ ct .s:: II) ï:: ü: S S S S S S ~ ~ ~ Sè ~ t: _ ,..... co co _ N c.o "C: 'C: 'C: 0') ..... 'C: u.. u.. u.. 'C: () u.. u.. :J I- š ~ e ~ ~ ~ ¡¡s ~ ~ ¡::: ~ :: c: c: 0 c: 0 c: ~ ~ :::ii ~ :::ii ~ 1:: '" ù5 () E ro Z ~ ro I- .... E .0 :J .g¡ II) en w ë 1:: E()o ,." E 0.. II) E () c: W 0 a:: o u;üñi :~ 8 a:: if () "C t:: "C ~ 16 .9 16 '5 ë 5! II) C Q) c ë () EO() §:c: !!!~E <x: 0 '5 () E II) '¡¡¡ äš a:: 0 ã) '~ _ a:: -g Üo l!a::O~roJ: .g¡:gg.:J~W m c: a:: ~ 'E 5i 0.. ~ c: .0 en eno..ïõü:~:J ,§ ~ ~ i} Š .9 ~ 'E § Æ g. ê :[:; g '¡¡¡ ñi ;:; 8- Q. 8 '~ c: t'1 ~ o W a:: ü: 0 a:: º .c () ~ c: co ~ E ,g¡ § ~ en ñi 1j E 'ê- () 0.. ;H () ,¡;; '6 ro 8 c '"' II) III I- 0.. :J j! Õ a:: () II) ~ ~ ~ ~ e ~ ~ ~ 0.. g¡ 0.. 0.. 0.. I- :J :J :J ñi j! j! j! E Õ Õ Õ ~ a:: a:: a:: UJ () 0> ro 0.. . '"' II) III I- II) () II) c: ~ ~ ~ ë. e - en 0.. ~ ~ ro E E :J en ,g¡S :J(¡¡ ã!~ i}"'" II) :J ...s:: tsl- () .. .~() 0- .... III 0..0 " ~/~ AGENDA REQUEST ~ ITEM NO. C-2B Date: May 25, 2004 \.r' TO: ST. LUCIE COUNTY EROSION DISTRICT REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: Q~l(L~]L/~";UJ.:L-<'·\t~ Richard A. Bouchard, P.E. Erosion District Manager SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710 SUBJECT: Feasibility Cost Sharing agreement and corresponding draft Project Management Plan from the U.S. Army Corps of Engineers (USACOE) regarding the southern shoreline of St. Lucie County. BACKGROUND: Enclosed please find a Feasibility Cost Sharing agreement and draft Project Management Plan from the U.S. Army Corps of Engineers (USACOE) regarding the southern shoreline of St. Lucie County. This agreement is the result of St. Lucie County pursuing federal and state (FDEP) participation in a shore protection project along the southern most 3 to 4 miles of beachfront within the County. The state recently designated this segment of shoreline as critically eroding which provides for state cost sharing at 50% during the feasibility phase. The USACOE completed a favorable reconnaissance level study recommending moving forward into the feasibility phase. Although the reconnaissance study was 100% federally funded, the feasibility phase is a 50/50 commitment between the USACOE and local sponsor (County). We have worked closely with FDEP and the USACOE to identify which tasks (as depicted in the attached draft Project Management Plan) the County and State will undertake and which tasks the USCOE will undertake. Ultimately the final cost breakdown will be 50% USACOE, 25% FDEP and 25% County. FUNDS: This agreement identifies future work items to be undertaken by the County and the USACOE during the feasibility phase. Each specific item will come back to the Board for future consideration including future grant agreements with the state (FDEP). As previously mentioned, cost sharing for this effort will be 50% USACOE, 25% FDEP and 25% County. A program number (36203) was previously established for the South County Shoreline project to assist with tracking and recording expenses. Once a specific project has been determined for this shoreline, a cost-benefit analysis may be required to determine a reasonable method of allocation to fund the local share of the construction costs. PREVIOUS ACTION: Southern St. Lucie County shoreline designated as critically eroding by the State (FDEP). Southern shoreline receives favorable Reconnaissance level study from the USACOE. RECOMMENDATION: Staff recommends Erosion District Board approval of the attached Feasibility Cost Sharing agreement with the U.S. Army Corps of Engineers and execution of said agreement by the Chairperson; contingent on review and approval of the final Project Management Plan by the County Attorney. It] APPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: Approved 4-0 (Comm. Lewis Absent) [x]County Attorney [x]Originating Dept. Public wor~ ~~ [x]Mgt. & Budget [x]Fiscal Coordinator ß ~ t1., .-! \ I ., \ \ l,1--- " [x]Finance Department (Grants) " ~ [x]Erosion District -- .. '-' "'" AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE ST. LUCIE COUNTY EROSION DISTRICT, FLORIDA FOR THE ST. LUCIE COUNTY, FLORIDA BEACHES FEASIBILITY STUDY THIS AGREEMENT is entered into this day, of _,2004, by and between the Department of the Army (hereinafter the "Government"), represented by the District Engineer executing this Agreement, and the St. Lucie County Erosion District (hereinafter the "Sponsor"), WITNESSETH, that WHEREAS, the Congress (Senate and/or House Committees) has requested the Secretary of the Army to conduct a study of shoreline areas in St. Lucie County pursuant to two Resolutions by the Committee on Transportation and Infrastructure of the U.S. House of Representatives; and WHEREAS, the U.S. Army Corps of Engineers has conducted a reconnaissance study of shore protection and hurricane and storm damage reduction improvements in St. Lucie County, Florida pursuant to this authority, and has determined that further study in the nature of a "Feasibility Phase Study" (hereinafter the "Study") is required to fulfill the intent of the study authority and to assess the extent of the Federal interest in participating in a solution to the identified problem; and WHEREAS, Section 105 of the Water Resources Development Act of 1986 (Public Law 99-662, as amended) specifies the cost sharing requirements applicable to the Study; WHEREAS, the Sponsor has the authority and capability to furnish the cooperation hereinafter set forth and is willing to participate in study cost sharing and financing in accordance with the terms of this Agreement; and WHEREAS, the Sponsor and the Government understand that entering into this Agreement in no way obligates either party to implement a project and that whether the Government supports a project authorization and budgets it for implementation depends upon, among other things, the outcome of the Study and whether the proposed solution is consistent with the Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies and with the budget priorities of the Administration; NOW THEREFORE, the parties agree as follows: ARTICLE I - DEFINITIONS For the purposes of this Agreement: A. The term "Study Costs" shall mean all disbursements by the Government pursuant to this Agreement, from Federal appropriations or from funds made available to the Government by the Sponsor, and all negotiated costs of work performed by the Sponsor pursuant to this Agreement. Study Costs shall include, but not be limited to: labor charges; direct costs; overhead expenses; supervision and administration costs; the costs of participation in Study Management and Coordination in accordance with Article IV of this Agreement; the costs of contracts with third " \w .....,¡ parties, including termination or suspension charges; and any termination or suspension costs (ordinarily defined as those costs necessary to terminate ongoing contracts or obligations and to properly safeguard the work already accomplished) associated with this Agreement. B. The term "estimated Study Costs" shall mean the estimated cost of performing the Study as of the effective date of this Agreement, as specified in Article IILA. of this Agreement. C. The term "excess Study Costs" shall mean Study Costs that exceed the estimated Study Costs and that do not result from mutual agreement of the parties, a change in Federal law that increases the cost of the Study, or a change in the scope of the Study requested by the Sponsor. D. The term "study period" shall mean the time period for conducting the Study, commencing with the release to the U. S. Army Corps of Engineers Jacksonville District of initial Federal feasibility funds following the execution of this Agreement and ending with the Chief of Engineers acceptance of the Study. E. The term "PMP" shall mean the Project Management Plan, which is attached to this Agreement and which shall not be considered binding on either party and is subject to change by the Government, in consultation with the Sponsor. F. The term "negotiated costs" shall mean the costs of in-kind services to be provided by the Sponsor in accordance with the PMP. G. The term "fiscal year" shall mean one fiscal year of the Government. The Government fiscal year begins on October 1 and ends on September 30. ARTICLE II - OBLIGATIONS OF PARTIES A. The Government, using funds and in-kind services provided by the Sponsor and funds appropriated by the Congress of the United States, shall expeditiously prosecute and complete the Study, in accordance with the provisions of this Agreement and Federal laws, regulations, and policies. B. In accordance with this Article and Article IILA., m.B. and IILC. of this Agreement, the Sponsor shall contribute cash and in-kind services equal to fifty (50) percent of Study Costs other than excess Study Costs. The Sponsor may, consistent with applicablè law and regulations, contribute up to 50 percent of Study Costs through the provision of in-kind services. The in-kind services to be provided by the Sponsor, the estimated negotiated costs for those services, and the estimated schedule under which those services are to be provided are specified in the PMP. Negotiated costs shall be subject to an audit by the Government to determine reasonableness, allocability, and allowability. C. The Sponsor shall pay a fifty (50) percent share of excess Study Costs in accordance with Article m.D. of this Agreement. D. The Sponsor understands that the schedule of work may require the Sponsor to provide cash or in-kind services at a rate that may result in the Sponsor temporarily diverging from the 2 '-' """ obligations concerning cash and in-kind services specified in paragraph B. of this Article. Such temporary divergences shall be identified in the quarterly reports provided for in Article III.A. of this Agreement and shall not alter the obligations concerning costs and services specified in paragraph B. of this Article or the obligations concerning payment specified in Article III of this Agreement. E. If, upon the award of any contract or the performance of any in-house work for the Study by the Government or the Sponsor, cumulative financial obligations of the Government and the Sponsor would result in excess Study Costs, the Government and the Sponsor agree to defer award of that and all subsequent contracts, and performance of that and all subsequent in-house work, for the Study until the Government and the Sponsor agree to proceed. Should the Government and the sponsor require time to arrive at a decision, the Agreement will be suspended in accordance with Article X., for a period of not to exceed six months. In the event the Government and the sponsor have not reached an agreement to proceed by the end of their 6 month period, the Agreement may be subject to termination in accordance with Article X. F. No Federal funds may be used to meet the Sponsor's share of Study Costs unless the Federal granting agency verifies in writing that the expenditure of such funds is expressly authorized by statute. G. The award and management of any contract with a third party in furtherance of this Agreement which obligates Federal appropriations shall be exclusively within the control of the Government. The award and management of any contract by the Sponsor with a third party in furtherance of this Agreement which obligates funds of the Sponsor and does not obligate Federal appropriations shall be exclusively within the control of the Sponsor, but shall be subject to applicable Federal laws and regulations. H. The Sponsor shall be responsible for the total cost of developing a response plan for addressing any hazardous substances regulated under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Pub. L. No. 96-510,94 Stat. 2767, (codified at 42 V.S.C. Sections 9601-9675), as amended, existing in, on, or under any lands, easements or rights-of-way that the Government determines to be required for the construction, operation, and maintenance of the project. Such costs shall not be included in total study costs. ARTICLE III - METHOD OF PAYMENT A. The Government shall maintain current records of contributions provided by the parties, current projections of Study Costs, current projections of each party's share of Study Costs, and current projections of the amount of Study Costs that will result in excess Study Costs. At least quarterly, the Government shall provide the Sponsor a report setting forth this information. As of the effective date of this Agreement, estimated Study Costs are $1,937,700 and the Sponsor's share of estimated Study Costs is $968,000. In order to meet the Sponsor's cash payment requirements for its share of estimated Study Costs, the Sponsor must provide a cash contribution currently estimated to be $0. The dollar amounts set forth in this Article are based upon the Government's best estimates, which reflect the scope of the study described in the PMP, projected costs, price-level changes, and anticipated inflation. Such cost estimates are subject to adjustment by the Government and are not to be construed as the total financial responsibilities of the Government and the Sponsor. 3 '-" 'wÎ B. The Sponsor shall provide its cash contribution required under Article ILB. of this Agreement in accordance with the following provisions: 1. For purposes of budget planning, the Government shall notify the Sponsor by [SPECIFIC DATE] of each year of the estimated funds that will be required from the Sponsor to meet the Sponsor's share of Study Costs for the upcoming fiscal year. 2. No later than 60 calendar days prior to the scheduled date for the Government's issuance of the solicitation for the first contract for the Study or for the Government's anticipated first significant in-house expenditure for the Study, the Government shall notify the Sponsor in writing of the funds the Government determines to be required from the Sponsor to meet its required share of Study Costs for the first fiscal year of the Study. No later than 30 calendar days thereafter, the Sponsor shall verify to the satisfaction of the Government that the Sponsor has deposited the required funds in an escrow or other account acceptable to the Government, with interest accruing to the Sponsor. . 3. For the second and subsequent fiscal years of the Study, the Government shall, no later than 60 calendar days prior to the beginning of the fiscal year, notify the Sponsor in writing of the funds the Government determines to be required from the Sponsor to meet its required share of Study Costs for that fiscal year, taking into account any temporary divergences identified under Article II.D of this Agreement. No later than 30 calendar days prior to the beginning of the fiscal year, the Sponsor shall make the full amount of the required funds available to the Government through the funding mechanism specified in paragraph B.2. of this Article. 4. The Government shall draw from the escrow or other account provided by the Sponsor such sums as the Government deems necessary to cover the Sponsor's share of contractual and in-house fiscal obligations attributable to the Study as they are incurred. 5. In the event the Government determines that the Sponsor must provide additional funds to meet its share of Study Costs, the Government shall so notify the Sponsor in writing. No later than 60 calendar days after receipt of such notice, the Sponsor shall make the full amount of the additional required funds available through the funding mechanism specified in paragraph B.2. of this Article. C. Within ninety (90) days after the conclusion of the Study Period or termination of this Agreement, the Government shall conduct a final accounting of Study Costs, including disbursements by the Government of Federal funds, cash contributions by the Sponsor, the amount of any excess Study Costs, and credits for the negotiated costs of the Sponsor, and shall furnish the Sponsor with the results of this accounting. Within thirty (30) days thereafter, the Government, subject to the availability of funds, shall reimburse the Sponsor for the excess, if any, of cash contributions and credits given over its required share of Study Costs, other than excess Study Costs, or the Sponsor shall provide the Government any cash contributions required for the Sponsor to meet its required share of Study Costs other than excess Study Costs. D. The Sponsor shall provide its cash contribution for excess Study Costs as required under Article II.C. of this Agreement by delivering a check payable to "F AO, USAED, JACKSONVILLE" to the District Engineer as follows: 4 ~. "'" 1. After the project that is the subject of this Study has been authorized for construction, no later than the date on which a Project Cooperation Agreement is entered into for the project; or 2. In the event the project that is the subject of this Study is not authorized for construction by a date that is no later than 5 years of the date of the final report of the Chief of Engineers concerning the project, or by a date that is no later than 2 years after the date of the termination of the study, the Sponsor shall pay its share of excess costs on that date (5 years after the date of the Chief of Engineers or 2 year after the date of the termination of the study). ARTICLE IV - STUDY MANAGEMENT AND COORDINATION A. To provide for consistent and effective communication, the Sponsor and the Government shall appoint named senior representatives to an Executive Committee. Thereafter, the Executive Committee shall meet regularly until the end of the Study Period. B. Until the end of the Study Period, the Executive Committee shall generally oversee the Study consistently with the PMP. C. The Executive Committee may make recommendations that it deems warranted to the District Engineer on matters that it oversees, including suggestions to avoid potential sources of dispute. The Government in good faith shall consider such recommendations. The Government has the discretion to accept, reject, or modify the Executive Committee's recommendations. D. The Executive Committee shall appoint representatives to serve on a Study Management Team. The Study Management Team shall keep the Executive Committee informed of the progress of the Study and of significant pending issues and actions, and shall prepare periodic reports on the progress of all work items identified in the PMP. E. The costs of participation in the Executive Committee (including the cost to serve on the Study Management Team) shall be included in total project costs and cost shared in accordance with the provisions of this Agreement. 5 '-' 'wi ARTICLE V - DISPUTES As a condition precedent to a party bringing any suit for breach of this Agreement, that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to both parties. The parties shall each pay 50 percent of any costs for the services provided by such a third party as such costs are incurred. Such costs shall not be included in Study Costs. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. ARTICLE VI - MAINTENANCE OF RECORDS A. Within 60 days of the effective date of this Agreement, the Government and the Sponsor shall develop procedures for keeping books, records, documents, and other evidence pertaining to costs and expenses incurred pursuant to this Agreement to the extent and in such detail as will properly reflect total Study Costs. These procedures shall incorporate, and apply as appropriate, the standards for financial management systems set forth in the Uniform Administrative Requirements for Grants and Cooperative Agreements to state and local governments at 32 C.F.R. Section 33.20. The Government and the Sponsor shall maintain such books, records, documents, and other evidence in accordance with these procedures for a minimum of three years after completion of the Studiand resolution of all relevant claims arising therefrom. To the extent permitted under applicable Federal laws and regulations, the Government and the Sponsor shall each allow the other to inspect such books, documents, records, and other evidence. B. In accordance with 31 U.S.C. Section 7503, the Government may conduct audits in addition to any audit that the Sponsor is required to conduct under the Single Audit Act of 1984, 31 U.S.C. Sections 7501-7507. Any such Government audits shall be conducted in accordance with Government Auditing Standards and the cost principles in OMB Circular No. A-87 and other applicable cost principles and regulations. The costs of Government audits shall be included in total Study Costs and shared in accordance with the provisions of this Agreement. ARTICLE VII - RELATIONSHIP OF PARTIES The Government and the Sponsor act in independent capacities in the performance of their respective rights and obligations under this Agreement, and neither is to be considered the officer, agent, or employee of the other. ARTICLE VIII - OFFICIALS NOT TO BENEFIT No member of or delegate to the Congress, nor any resident commissioner, shall be admitted to any share or part of this Agreement, or to any benefit that may arise therefrom. 6 \w ....., ARTICLE IX - FEDERAL AND STATE LAWS In the exercise of the Sponsor's rights and obligations under this Agreement, the Sponsor agrees to comply with all applicable Federal and State laws and regulations, including Section 601 of Title VI of the Civil Rights Act of 1964 (Public Law 88-352) and Department of Defense Directive 5500.11 issued pursuant thereto and published in 32 C.F.R. Part 195, as well as Army Regulations 600-7, entitled "Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army". ARTICLE X - TERMINATION OR SUSPENSION A. This Agreement shall terminate at the conclusion of the Study Period, and neither the Government nor the Sponsor shall have any further obligations hereunder, except as provided in Article 1II.e.; provided, that prior to such time and upon thirty (30) days written notice, either party may terminate or suspend this Agreement. In addition, the Government shall terminate this Agreement immediately upon any failure of the parties to agree to extend the study under Article ILE. of this agreement, or upon the failure of the sponsor to fulfill its obligation under Article III. of this Agreement. In the event that either party elects to terminate this Agreement, both parties shall conclude their activities relating to the Study and proceed to a final accounting in accordance with Article III.C. and III.D. of this Agreement. Upon termination of this Agreement, all data and information generated as part of the Study shall be made available to both parties. B. Any termination of this Agreement shall not relieve the parties of liability for any obligations previously incurred, including the costs of closing out or transferring any existing contracts. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the District Engineer for the U.S. Army Corps of Engineers, Jacksonville District. DEP ARTMENT OF THE ARMY ST. LUCIE COUNTY EROSION DISTRICT BY Colonel, Corps of Engineers District Engineer Jacksonville District BY Frannie Hutchinson Chairperson 7 - \.,f ...", CERTIFICA nON REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (I) 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 any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. DATE: Frannie Hutchinson Chairperson St. Lucie County Erosion District 8 "-' ....J CERTIFICATE OF AUTHORITY I, , do hereby certify that I am the principal legal officer of the S1. Lucie County Erosion District, that the S1. Lucie County Erosion District is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and the S1. Lucie County Erosion District in connection with the feasibility study of the S1. Lucie County, Florida Beaches Study, and that the persons who have executed this Agreement on behalf of the S1. Lucie County Erosion District have acted within their statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this day of , 2004. Attorney for S1. Lucie County Erosion District 9 ~ ..., CERTIFICA TE OF LEGAL REVIEW The draft feasibility cost sharing agreement for the St. Lucie County, Florida Beaches Study has been fully reviewed by Office of Counsel, USAED, Jacksonville, and is legally sufficient. Assistant District Counsel 10 '-' 'wi May 2004 DRAFT PROJECT MANAGEMENT PLAN ST. LUCIE COUNTY, FLORIDA, HURRICANE AND STORM DAMAGE REDUCTION STUDY mJ US Army Corps of EnglneersC!> Jacksonville District '-' ...., Table of Contents Study Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 Background. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 Location of Study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 2 Congressional District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 Procedures ...................................................... 2 Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 Summary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 Baseline Information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4 Coastal Engineering Studies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 Geotechnical Studies. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . " 12 Cost Estimates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 13 Environmental Studies/Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15 Fish and Wildlife Coordination Act Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 1 7 Hazardous, Toxic, and Radioactive Waste Studies/Report. . . . . . . . . . . . . . . . . .. 17 Cultural Resources Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 7 Real Estate Studies/Documents ................. . . . . . . . . . . . . . . . . . . . .. 19 Socioeconomic Studies ............................................ 22 Plan Formulation ................................................. 31 Coordination and Public Involvement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 31 Study Management ............................................... 32 Project Management .............................................. 33 Report Preparation/Reproduction ..................................... 33 Independent Technical Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 34 Washington Level Report Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 34 Project Management Plan for Preconstruction Engineering and Design . . . . . . . . .. 34 Feasibility Phase Completion ........................................ 34 1 \w ...." ST. LUCIE COUNTY, FLORIDA HURRICANE AND STORM DAMAGE REDUCTION STUDY DRAFT PROJECT MANAGEMENT PLAN 1. STUDY AUTHORITY. The Section 905(b) analysis was prepared as an initial response to two House Resolutions by the Committee on Transportation and Infrastructure of the U.S. House of Representatives. They read as follows: Resolution Docket 2634 St. Lucie County, Florida Shore Protection dated 11 April 2000 states: "Resolved by the Committee on Transportation and Infrastructure of the United States House of Representatives, That the Secretary of the Army is requested to review the report of the Chief of Engineers for Fort Pierce Beach, Florida, published as House Document 84, 89th Congress, 1st Session, and other pertinent reports with a view to determining if modifications to the recommendations contained therein are advisable at the present time, with particular reference to providing improvements in the interest of shore protection and hurricane and storm damage reduction to the shoreline areas in St. Lucie County in the area north of the Ft. Pierce Inlet, the southern five miles of St. Lucie County, and adjacent shorelines. /I Resolution Docket 2757 St. Lucie County, Florida Shore Protection dated 23 July, 1998 states: "Resolved by the Committee on Transportation and Infrastructure of the United States House of Representatives, That the Secretary of the Army is requested to review the report of the Chief of Engineers for Fort Pierce Beach, Florida, published as House Document 84, 89th Congress, 1st Session, and other pertinent reports with a view to determining if modifications to the recommendations contained therein are advisable at the present time, with particular reference to providing improvements in the interest of shore protection and hurricane and storm damage reduction to the shoreline areas in St. Lucie County from the current project for Ft. Pierce Beach, Florida southward to the Martin County Line. /I Funds in the amount of $100,000 were appropriated in fiscal year 2002 to conduct the reconnaissance phase of the study. 2. BACKGROUND. The purpose of this feasibility study is to evaluate the feasibility of a project that provides shoreline protection and reduce storm damages in St. Lucie County, Florida. The study area encompasses approximately 5 miles of Atlantic Ocean shoreline in Southern St. Lucie County, Florida. In response to the study authority, the reconnaissance study was initiated on 25 February 2002. The reconnaissance study resulted in the finding that there was a Federal interest in continuing the study into the feasibility phase. The Section 905 (b) analysis (Appendix D) documents the basis for this finding. This Project Management Plan (PMP) establishes the scope, costs and schedule of the feasibility phase. The 1 '-' .."" PMP development is part of the reconnaissance phase studies. It is an attachment to the Feasibility Cost-Sharing Agreement (FCSA). The Section 905(b) analysis is included as Appendix A of the PMP and presents the reconnaissance study results and formulation rationale. The results of the feasibility study will be documented in a feasibility report including appropriate environmental compliance. 3. LOCATION OF STUDY. The study area is located along the Atlantic Ocean coastal shoreline of St. Lucie County, Florida. St. Lucie County is located on the east coast of Florida, approximately 225 miles south of Jacksonville and 100 miles north of Miami (Appendix A). The St. Lucie County, Florida shoreline consists of a 25-mile long narrow barrier island, Hutchinson Island. The Atlantic ocean is east, the Indian River Lagoon (also the Atlantic Intracoastal Waterway) is west, the Fort Pierce Inlet is north, and St. Lucie Inlet is south (in Martin County). Fort Pierce inlet splits the Hutchinson Island within the study area. The study area is shown in Appendix A. The general project area is comprised of sandy coastal beach with multifamily homes, condominium complexes, associated public and private service facilities, and impervious substrates such as roads and beach access parking lots. The historic dune and beach system, where still intact, supplies some protection to upland development. 4. STUDY SPONSOR. The non-Federal sponsor for the feasibility phase of the study is St. Lucie County, Florida. St. Lucie County officials understand the requirements of the study including cost-sharing of study costs at 50% Federal and 50% non-Federal. The sponsor may provide all or part of their share of the study costs as in-kind services as specified in the task and cost list in Appendix C. 5. CONGRESSIONAL DISTRICT. The study area lies within the Congressional District jurisdiction of Congressman Foley (R-16, FL) and he has expressed support for the study. 6. PROCEDURES. The work required for this study consists of office and fieldwork necessary to complete the feasibility study on the erosion problems along the Atlantic Ocean shoreline of St. Lucie County, Florida. This Project Management Plan has been developed to reduce overall study costs to the minimum possible level while providing essential knowledge and understanding of the coastal processes and natural resources affecting the St. Lucie County, Florida shoreline for the purpose of providing shoreline protection by storm damage reduction. This study plan takes into consideration previously performed efforts by the U.S. Army Corps of Engineers (USACE) and those under contract by the non-Federal Sponsor and builds on them for completion of feasibility study requirements. The work shall generally follow the guidelines set forth by the following references and other applicable Department of the Army regulations that will be provided to the Sponsor: 2 '-' ...", a. Planninq Guidance Notebook Engineer Regulation 1105-2-100, Department of the Army, Office of the Chief of Engineers, Washington, D.C., 22 April 2000. b. Project Manaqement Business Process Engineer Regulation 5-11 Department of the Army, Office of the Chief of Engineers, Washington, D.C., 17 August 2001 c. Engineering and Design for Civil Works Projects. ER 1110-2-1150, 31 August 1999 The product will be a Feasibility Study identifying the National Economic Development (NED) plan for shoreline protection for storm damage reduction, with an Engineering Appendix, appropriate National Environmental Policy Act (NEPA) document and supporting technical appendices for the St. Lucie County, Florida study area. The feasibility phase of the St. Lucie County, Florida shoreline study will be initiated upon receipt of Federal and non-Federal funds at the USACE, Jacksonville District and execution of a Feasibility Cost Sharing Agreement. Continuation of the study past the first year of the study (fiscal year 2004) depends upon availability of Federal and non- Federal funds. At a minimum, non-Federal funding will be required to equally match Federal funding. The non-Federal funding may be provided as cash or work-in-kind credits for study tasks that are agreed upon and undertaken and completed after the execution of the Feasibility Cost Sharing Agreement (FCSA). The Government shall not obligate any cash contributions unless non-Federal funds have been provided and the work has been included in the Project Management Plan. Tasks needed to complete the Feasibility Study are described in this PMP. Appendix C contains a list of tasks and associated costs. The scopes of work, schedule of performance of the work and/or milestones may be modified as necessary after signing the FSCA by the mutual agreement of the Government and the Sponsor. Adjustments to the schedule of work and study deliverables may be necessary based on unforeseen events or actual appropriations of Government and Sponsor funds. The Government and Sponsor shall identify specific tasks and products that are to be completed and delivered by the end of the upcoming study year. The study year will be based on the Federal fiscal year (October 1 through September 30). Necessary adjustments to the scopes of work and schedule of performance and milestones shall be prepared by July 1 st of each year. The study management team will approve changes less than 15 percent by letters of concurrence exchanged between the Government and the Sponsor prior to September 30th of each year. Changes in scope or schedule beyond 15 percent will require a FCSA amendment, to be executed prior to September 30th of each year. The Government will inform the Sponsor by letter no later than 15 November of each year of expenditures, cost changes and work-in-kind credits for the previous fiscal year. 3 \w ""tJ 7. OBJECTIVES. The basic overall objectives of this study are as follows: a. It is the Government's objective to study the Atlantic Ocean shoreline of St. Lucie County, Florida, in accordance with Resolution, Docket 2634, adopted 11 April 2000 by the Committee on Transportation and Infrastructure, U.S. House of Representatives and Resolution Docket 2757, adopted 23 July 1998 by the Committee on Transportation and Infrastructure of the United States House of Representatives. b. It is a mutual objective of the Government and Sponsor to study the Atlantic coast of St. Lucie County, Florida in order to reduce damages to upland development and to increase the safety of both structures and citizens. c. It is a mutual objective of the Government and Sponsor to identify feasible and environmentally acceptable sand sources for the restoration of eroded beaches and for storm damage protection, if justified, and to identify options for managing the eroded segments of the shoreline. 8. SUMMARY. The work to be performed shall consist of reviewing the erosion problems along the Atlantic Ocean shoreline of St. Lucie County, Florida identifying problem areas; defining specific alternative solutions to problems based on identified needs and physical constraints; identifying environmental, fish and wildlife, and cultural resources in the study area; defining and evaluating alternatives to address problems, preparing construction, operation and maintenance cost estimates for the considered alternatives; computing annual costs and annual benefits for the various alternatives; evaluating the engineering and economic feasibility of each alternative; assessing environmental impacts of the selected alternative(s) including impacts on biological resources, socioeconomic resources, cultural resources, and land use; determining possible environmental mitigation measures; developing costs for the recommended alternative; and preparing the required documentation to present studies, findings and recommendations. The studies and investigations conducted shall build on existing information and provide the basis for determining the economic and engineering feasibility of providing Federal shore protection improvements for St. Lucie County, Florida. The end product will be a feasibility report describing, in detail, the identified problem areas, the plans formulated, the engineering and economic feasibility of the considered alternatives, the development of the recommended plan, the soèial and environmental constraints and impacts for the recommended plan and the Federal interest in implementing the recommended plan. 9. BASELINE INFORMATION. The September 2002, St. Lucie County, Florida Section 905(b) Report will be used as a base from which to continue the required planning studies. Information in this report will be expanded and updated as required to reflect current problems, opportunities and constraints, to establish final planning 4 'w ..., criteria and objectives to be used to formulate plans, to refine measures to meet the final planning objectives, and to formulate the array of alternatives to be evaluated. For this PMP the overall guideline followed is based on the consideration that the feasibility study shall be completed no later than 36 months after receipt of initial funding, assuming seamless, consistent funding. For management purposes, the St. Lucie County, Florida study efforts have been developed on the basis of specific study plan elements. The following scope of work describes each of these study elements. Appendix 0 contains the St. Lucie County, Florida Section 905(b) report. Appendix C provides a task and cost breakdown for the proposed study including work to be performed as in-kind services. Appendix 8 provides a schedule for the completion of the feasibility study. 10. STUDY IMPLEMENTATION. Certain general tasks are required to achieve successful implementation of the study. Those efforts are summarized in the subsequent paragraphs. A chronological schedule of the major work items and their relative costs for the study is given in the schedule. I. Coastal Engineering Studies. Engineering analyses will be performed to determine the feasibility and optimization of various alternative plans for shore protection along the St. Lucie County, Florida study area. Historical wave and surge data will be compiled and summarized. Historical aerial photography and survey data as well as new information to be obtained as part of the study will be analyzed to identify problems and develop alternative solutions. The analysis will build on historic shoreline and volumetric change data in the study area along with aerial photography and beach profile survey data to be collected as part of the study. Predictive coastal processes numerical models, in conjunction with the change data, will be used to quantify ambient erosion on the shoreline of the St. Lucie County, Florida shoreline. Historic, existing, and future (with- and without-project conditions) sediment budgets will be developed from survey, map, and aerial photographic data for the St. Lucie County, Florida shoreline. Data and analyses contained in previous studies will be assessed and used in the coastal engineering analysis as appropriate. All information will be compiled in a Geographic Information System (GIS) format. Costs for all technical subtasks include attending study meetings (internal, external, public) for the duration of the study; interim (when a task is completed) and final write-ups of all technical work to a quality that may be directly incorporated into overall project reports; responses to comments; travel; providing interim information as requested by the planning technical leader and supervision and administration. The following activities will be conducted in the coastal engineering analysis. 5 \w- ....., a. Wave and SurQe Data. The USACE's Wave Information Study database for the Atlantic Ocean will be used as the main source of hindcast wave data. New field wave data collection will not be undertaken for this study. A wave database from the existing and revised data sources will be developed for the Coastal Processes Modeling portion of this study plan. Risk and uncertainty analysis has become an important component in the planning project development process. Proposed shore protection measures must be subjected to a benefit-cost analysis, to assess whether Federal participation in the project is appropriate. A method to express storm damages in a probabilistic manner is necessary to account for risks and uncertainties inherent to the analysis procedure. Results are required in the form of recession versus frequency of occurrence relationships. The Empirical Simulation Technique (EST), as documented in Grace (1996), will be the procedure used by the Government to establish those relationships. The first step in the overall beach recession analysis procedure, and a product of this work element, is an updated historical database of parameters describing tropical and extratropical storms that have influenced the project area. Those parameters will include wave conditions (period and height), storm surge conditions (surge and tide), wind speeds, pressure deficits and storm tracks. These parameters will then be used for the EST procedure using SBEACH or similar approved methodology. The Government's storm damage model estimates risk and uncertainty for key variables, as required by ER 1105-2-100. The model focuses on uncertainties associated with recession-frequency curves, long-term erosion rates, erosion-damage functions, structure values, and other key variables as appropriate. This results in probabilistic estimates of storm damage reduction benefits. The Government's storm damage model, incorporating risk and uncertainty, will be used for the analysis of storm damage benefits for the St. Lucie County, Florida shoreline. Outside the risk and uncertainty procedure, another wave database, including wave height, direction, and period, will also be developed using information derived from the revised Wave Information Study (WIS). The WIS data, available through the Coastal and Hydraulics Laboratory, ERCD, is generated using hindcast models utilizing wind and pressure fields developed from recorded meteorological data. Wave parameters associated with the wind and pressure field~ are transformed numerically by WIS from deep water to a depth of 32.8 feet (10 meters). b. Survey Data. This work includes obtaining a survey of stations and elevations oriented perpendicular to the shoreline along established azimuths referenced to the Florida Department of Environmental Protection (FDEP) coastal monument network in St. Lucie County, Florida. Elevations will be surveyed at 25-foot intervals and at all 6 '- ....., significant elevation changes. Survey analysis will be included in the Engineering Technical Appendix. (1) Beach Profile Survey Data. There are approximately 27 FDEP monuments located on the shoreline of St. Lucie County, Florida. Traverse and control of the monument system will be accomplished with the assumption that 30 percent of the monuments will require replacement. Surveys will be conducted at all profile lines. The total length of the shoreline to be surveyed is approximately 5 miles. Every line will include hydrographic surveying extending approximately 3,200 feet seaward of the wading depth survey. Prior to drafting the survey, the field data will be verified. Drafting of the survey will include (1) a cover sheet showing location and orientation of the profile lines in plan view at a scale of 1 inch= 100 feet and (2) cross sectional profile sheets at a scale of 1 inch= 5 feet vertical and 1 inch= 100 feet horizontal. (2) Aerial photoqraphy. The technical requirements of the U.S. Army Corps of Engineers for mapping and photogrammetric services in conjunction with guidelines and specifications developed for the FDEP (Bureau of Beaches and Wetland Resources) aerial photography program will be followed to ensure compatibility with previous aerial photography surveys. The estimate is based upon providing targets and rectification and aerial photographs for the entire 25 miles of shoreline within St. Lucie County, Florida. The plan sheets will be provided at a scale of 1 "=1 00' with exposure of approximately one half water and one half land. The air plan sheets will be shot at low water with approximately sixty percent endlap to provide stereo pairs for mapping purposes. The base sheets (aerial mosaics) will be reproducible Mylar sheets (23" x 36"). The state plane coordinate grid will be superimposed onto the Mylar sheets with a grid spacing of 1,000 feet. The photographs will be rectified based on the land-based targets. The aerials will also be provided on CD in TIF format. The cost of this work item includes plane mobilization, transit, aircraft flight miles, labor, crew per diem, photograph development, rectification, drafting, computer programming, and Mylar reproduction of the aerials. c. Historical Shoreline Chanqe and Erosion Rate Analysis. This task includes the assessment of historical shoreline changes in terms of mean high water recession (erosion) and advance (accretion) along the St. Lucie County, Florida shoreline. This work will be accomplished through the use of literature review, aerial photographs, historic maps, survey data, and, where necessary, site inspections. The types of erosion data shall include assessments of the past and present shoreline change rates. Results, in terms of distance (feet per year) will be determined for available historical and new survey data. Historical data related to historic shoreline changes will be compiled and documented. Information will be compiled in a GIS (ARCINFO) format. 7 \w ..." d. Historic Volumetric ChanQes: Historical and current profile information will be converted to digital elevation model surfaces. These surfaces will then be compared to determine volumetric changes during the period of time between selected surveys. Resulting volumetric change rates will be used in the development of renourishment rates for proposed beach fill alternatives. e. Storm History. This section should briefly describe recent storm events such as hurricanes or extreme winter storms which may have contributed to the beach erosion problems in the area. The WIS hurricane and seasonal storm wave hindcasts should be examined, and all storm events (wave heights in excess of 6 ft) should be listed for the years 1956 - 1995. If documentation is available, specific damages caused by particular events should be presented. f. Coastal Processes This major segment of the appendix should address the measurable current and historic coastal processes that have impacted the study area's shoreline. Only existing survey data will be utilized in the preparation of this appendix. The data would include historical FDEP condition surveys, S1. Lucie County monitoring surveys, and other data collected by consultants, if any. Recent county monitoring surveys are to include ebb tidal shoal bathymetry. Additionally, only existing aerial photography shall be used for report preparation purposes. Historic Shoreline Changes - Recent survey data along with any available historical surveys should be compared to determine the historical long-term mean high water (MHW) shoreline changes per time period. The resulting output should be displayed in graphical and tabular form. Predictions of the without project future shoreline position should be provided on a yearly basis for a period of 50 years. Historic Volumetric Changes - The current and historical survey data should also be compared to determine the long-term volumetric changes per time period. Any historical beach nourishment or maintenance volumes for the study area should be incorporated into the analysis. The resulting output should be displayed in graphical and tabular form. Inlet Effects - A review of historical data including inlet management plans or other reports shall be performed to evaluate the effects of adjacent inlets and any associated navigation projects on the study area's shorelines. Littoral Transport - a review of any previously published reports shall be conducted to summarize estimates of littoral drift along the shoreline within the study area. 8 \w 'w1I Comparison of previous estimates with the results from the GENESIS modeling shall be required. g. Identifv ExistinQ Coastal Armor and Structural Improvements. Site inspections will be used to develop an inventory of existing coastal armor in the study area. This inventory will include parcel-by-parcel information on the type of coastal armor and engineering estimates of the following: price per linear foot, level of protection provided by structure, percent of structure which can be recycled upon failure, and position of coastal armor referenced to the referenced shoreline. Site inspection will be made to visually verify estimates and confirm existing condition of structure and expected viability of the structure to provide protection. A Global Positioning System (GPS) unit will be used in site inspections to estimate the location of the horizontal position of the mean high water shoreline and coastal armor. The information will be tabulated by parcel folio number and referenced to survey control point locations. This information will be used in the Storm Damage Model for economic analyses. h. Institutional Historv. Studies summarizing the institutional history including a thorough literature review, related governing or jurisdictional bodies, existing authorizations, management plans, historical improvements, and the general existing understanding of the coastal processes affecting the shoreline will be undertaken. Available information will be obtained through a literature review and telephone conversations with Sponsor representatives. Beach Profile Surveys. Beach profiles shall be surveyed from all existing FDEP survey monuments along the project areas. Missing or destroyed monuments will be replaced as necessary, as close to the original monument location as possible. Beach profile surveys shall extend seaward from each monument along existing azimuths, seaward to a distance of no less than 3000 feet. Elevations will be taken at 25-foot spacings along each profile line, and at all breaks in elevation. All survey data will be referenced to mean low water (mlw). Aerial photography will be flown along the entire length of the county, if needed. i. Beach Fill DesiQn. This topic should include detailed evaluation of the physical aspects of the recommended initial nourishment and future renourishment operations. Subsections should include: 9 \w 'wi Project length - Describe the overall project lengths including the length of the full design berm and length of project tapers. lengths should be referenced to FDEP monuments as well as physical boundaries. Berm Elevations - A set of composite profiles (including upland elevations) should be developed from beach profile sUNey data to determine the design berm elevation. Describe the recommended beach fills berm elevations referenced to MlW. Berm Widths - Describe the alternatives and recommended berm width extensions for the study area including the reference line from which the width is measured. The recommended berm width will be determined by the economic optimization performed by the Jacksonville District. Beach Slopes - Determine the design fill slope(s) and construction fill slope(s) for the study area. Determine the construction toe of fill and equilibrium profile toe of fill for the study area. Construction and equilibrium toe of fills should be presented graphically in plan and cross sectional views and in a table with distances referenced to each FDEP monument. Design Fill Volume - Present the design beach fill volumes for the study area including fill volumes behind MHW or the erosion control line (ECl), if established. Design fill sections for each FDEP profile line should also be presented graphically for inclusion within the report's recommended plan plates. Fill Volume Behind Control Line - Present the portion of the design fill volume which lies landward of MHW or the ECl for the study areas. Advance Nourishment - Present the basis for long term erosion losses of the project fill, the average loss rate per foot of shorefront, and the total annual loss for the study areas. Provide a table which optimizes the renourishment interval based on the lowest average annual equivalent cost and present the total advance nourishment volume for the study areas. Future Periodic Nourishment - Present the basis and an estimate for the volume of fill material required for future nourishment of the study areas. Overfill Volume - Present the rationale for the overfill factor based on comparative analysis of the native beach and borrow area grain sizes. Apply the factor to the advanced nourishment volume to determine the additional volume required to offset borrow area grain size, if appropriate. Structural Improvements - Detailed design of any structural improvements which may be recommended as a result of the numerical modeling analysis. 10 \w "wi CROSS-SHORE AND LONGSHORE SHORELINE RESPONSE MODELS Sediment transport modeling shall be required to be performed to provide input into the project alternative evaluation and economic analysis. Cross-Shore Sediment Transport. The Storm Induced Beach Change (SBEACH) model (Larson and Kraus, 1989) or its equivalent will be the primary tool for estimating cross-shore sediment transport. The contractor will develop the following information to be used for a joint probability analysis, using the Empirical Simulation Technique (EST) (Borgman, et ai, 1992), to obtain estimated frequency of occurrence relationships associated with beach recession. These procedures may be described in terms of the following major tasks: a. Gather all available information related to characteristics (e.g., storm tracks, wind speeds, pressure deficits, radii to maximum winds, water levels, etc.) of storms which have influenced the project area. Data sources include the National Hurricane Center's tropical cyclone database and the USACE Dredging Research Program's extratropical storm database. Analysis of tropical cyclone-induced and extratropical storm-induced recession will be required. b. Calibrate and verify the numerical model, (Le. SBEACH32), using the best available pre- and post-storm beach recession data (i.e., measured data if available). Then, apply the model to estimate the extent of beach recession associated with each of the storms. For each reach of the study area, the contractor will furnish a 2-column tabulation identifying (1) the storm simulated, and (2) the corresponding estimated beach recession. Beach recession will be defined as the horizontal distance from the MHW line on the pre-storm profile to the most landward point where the vertical distance between pre- and post-storm profiles equals 0.5 feet. EST input data files will be constructed by combining descriptive storm parameters with corresponding calculated recession values. This information will be used to execute the EST life-cycle analysis procedures to yield estimated recession versus frequency of occurrence relationships. c. The number of shoreline reaches to be analyzed will be determined based on uniformity of beach profile characteristics in the study area. In order to account for tidal influences, it will be assumed that a storm event has an equal probability of occurring at any time during the tidal cycle. This assumption will be simplified by allowing the onset of the storm conditions to coincide with four individual tidal phases designated as high tide (0 degrees), MSL during peak flood (90 degrees), low tide (180 degrees), and MSL during peak ebb (270 degrees). The total number of storm simulations will be dependent on the number of reaches considered and the number of influential storms identified. For example, if 20 influential tropical cyclones were identified, andc3 reaches were considered, the total number of tropical cyclone model runs would be 240 (20 storms x 4 tidal cycles x 3 reaches). As a minimum, 3 reaches should be utilized for each study area. If significant areas of nea~shore 11 "'--' ....., hardbottoms are identified, the contractor may consider use of SBEACH32, a more recent version of the model which includes hardbottom modeling capabilities. Shoreline Change Model (GENESIS) - Shoreline changes shall be predicted for various with and without project scenarios using the GENESIS numerical model. The report segment should address wave data utilized as input, description of shoreline modeling grids, manipulation of historical shorelines, description of and the modeling of man made and/or natural coastal armor, model calibration, model verification, observations of model accuracy, simulation of beach fills and structure performance including alternative fill taper design, structural versus non-structural end loss effects, downdrift benefit analysis, and a summary of the overall modeling results. This section should also present modeled littoral transport estimates and graphical/tabular displays of shoreline changes observed during calibration, verification, and simulation activities. II. Geotechnical Studies. The focus of the Geotechnical studies is to identify suitable borrow areas and to assess their characteristics for beach nourishment activities. Beach samples will also be collected and analyzed for use in the development of overfill ratios. Costs for all technical subtasks include attending study meetings (internal, external, public) for the duration of the study; interim (when a task is completed) and final write- ups of all technical work to a quality that may be directly incorporated into overall project reports; responses to comments; travel; providing interim information as requested by the planning technical leader and supervision and administration. a. GeoloQic Historv. A geologic history will be prepared for the St. Lucie County, Florida area. This history will focus on the Pleistocene and Holocene development of the coastal geomorphology, ending with the morphology present on the coast today. The geologic history will be part of the geotechnical appendix. b. Borrow Area Identification. All known potential borrow areas (to include Pierce Shoal, and South Capron Shoal) will be evaluated. The evaluation will use historic data, existing knowledge, data obtained from previous studies in the area and new investigations. Core borings will be required for the immediate development and long term potential of a borrow source. The laboratory testing of the core borings will include gradation tests, classifications, specific gravity, and determination of shell content. Documentation of each sand source will include location (distance from study area), grain size distribution, available volume, compatibility analysis. Capron Shoal is being used as a borrow source on the adjacent shoreline. Documentation for Capron Shoal will be based on new and existing information. 12 ~ '.I c. Beach Samplinq. Three beach profile lines will be sampled with approximately seven samples per line. A sample will be taken for each three-foot difference in elevation (Example: -12, _ 9, -6, -3, 0.0, +3, and +6 NGVD).. These samples will be analyzed in the laboratory and be used to characterize the present beach. Laboratory testing will include sieve analysis (13 screens) with gradation curves, visual classification, and an estimate of percent shell content. d. Geotechnical Appendix. A Geotechnical Appendix will be written documenting the geologic history of the project area, the previous explorations, current drilling explorations, characterization of the present beach materials, characterization of the materials in the borrow areas, overfill ratios, and the laboratory testing performed. The appendix would include tables, plates, drawing, and geologic sections that would illustrate the features covered in the report. The report will recommend a selected borrow area(s). The Geotechnical Appendix shall include a cover, table of contents, and all relevant core boring logs and laboratory tests. III. Cost Estimates. This activity includes all deliverables required to prepare life cycle project cost estimates needed to support the Feasibility Report and to prepare the baseline project cost estimate. Cost estimates will be developed in accordance with the guidance contained in ER 1110-2-1302, Civil Works Cost Engineering, using the MCACES/MII cost estimating system. Cost estimates will be presented in the MCACES/MII format. In addition to the use of MCACES/MII, cost estimates that require dredging will be developed using the USACE software system entitled, "Corps of Engineers Dredge Estimating Program" (CEDEP). Cost estimates will include both Federal and non-Federal costs for construction, real estate, engineering and design, construction management, environmental, cultural resources and Hazardous, Toxic and Radioactive Waste (HTRW) investigations and remediation, operation and maintenance, replacement, repairs and rehabilitation of alternatives and the recommended project. Revisions to the estimates prepared for the draft report and comparative cost estimates used for alternative analysis will also be included. This product will include an estimate of the cost of the preparation of cost estimate updates during the preconstruction, engineering and design phase. Lastly, this task includes costs for attending study meetings for the duration of the study, travel; investigation of ownership and operating costs from similar projects; interim (when task is completed), and final write-ups of all technical work to a quality that may be directly incorporated into over all project reports; technical management for this item and providing interim information as needed by the planning technical leader. a. Project Cost Estimate. 13 ~ ....,.¡ Project cost estimates will be prepared using a phased approach. Preliminary level cost estimates will be prepared for approximately six alternatives to support the plan formulation and screening of alternatives. Comparative cost estimating techniques will be used to support alternative screening and preliminary benefit-cost analyses. Detailed feasibility level cost estimates will be prepared for the final set of two to three selected alternatives. Detailed cost estimates will be prepared in MCACES/MII and will be documented with notes to explain the assumed construction methods, crews, productivity, sources of materials, and other specific information. Labor costs will be based on the prevailing Davis-Bacon wage rates for each trade. Contingencies will be developed and applied where areas of uncertainty exist. Detailed costs for all of the non-construction cost items (lands and damages, construction management, preconstruction, engineering and design) will be provided by the appropriate District offices and incorporated into the estimate. The Engineering Appendix will include a written description of the methodology used in the development of the baseline cost estimate. The appendix will also include a description of the scope of the projects included in the estimate and a description of the potential risk associated with the estimate. Estimates will include both Federal and non-Federal costs for construction, real estate, engineering and design, cultural resources, construction management, HTRW investigations and remediation of potential project impacts. The preliminary, comparative cost estimates that were used for alternative screening and benefit-cost analyses will also be included in the Cost Appendix. b. Preconstruction, Engineering and Design (PED) Cost Estimate. The PED cost estimate will be prepared and revised, as necessary, to accompany the Feasibility Report and PMP. The ÞED cost estimate will include all Federal costs for preconstruction, engineering and design from the date of the Division Commander's Notice to the award of the first Federal construction contract. The Engineering Division will coordinate this task, with input from each element responsible for a portion of the PED investigations (costs for preparation of individual elements of the PED estimates are included in the Feasibility Study cost estimates for each technical discipline). c. Operation, Maintenance, Repair, Rehabilitation, and Replacement (OMRR&R) Cost Estimate. This activity includes all deliverables related to the preparation of the OMRR&R cost estimates. The preliminary, comparative cost estimates that were used for alternative screening and benefit-cost analyses will also be included. d. Baseline Fully Funded Cost Estimate. 14 ~ 'wi The fully funded cost estimate will be prepared based on the project cost estimate developed in the section titled Project Cost Estimate. The project cost estimate will be updated, revised, and escalated for inflation through completion of the project. The fully funded cost estimate will be used to support budgeting and upward reporting requirements. IV. Environmental Studies. Environmental studies will be performed in accordance with the National Environmental Policy Act (NEPA), ER 1105-2-100, and other applicable laws, statutes, Executive Orders, and regulations. A NEPA document will be prepared to accompany the Feasibility Report. NEPA documentation will be coordinated with state and Federal environmental agencies and the public. Cost for all technical subtasks include attending study meetings (internal, external, public) for the duration of the study; interim (when task is completed) and final write-ups of all technical work to a quality that may be directly incorporated into over all project reports; responses to comments; estimating PED costs; travel and providing interim information as requested by the planning technical leader. a. BackQround Information and ScopinQ MeetinQ. Existing literature concerning the environmental resources of the study area will be researched and documented. An inventory of natural resources in the study area will be prepared. Within the first six months after initiation of the feasibility study, a scoping meeting will be held with the resource agencies. A formal record will be made of discussions with the public and resource agencies that define the environmental concerns related to the evaluation of project alternatives and the selection of the recommended plan. b. EndanQered Species Consultation. This work will include a review of information provided by the U. S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) on species listed as threatened or endangered that may occur in the study area. A Biological Assessment will be prepared to address potential impacts to threatened an endangered species. Based on the information provided in the Biological Assessment a determination will be made as to whether the proposed project may affect any listed species. If any of the listed species may be affected, then consultation with the USFWS and/or the NMFS will be initiated and a Biological Opinion will be requested. This work will be conducted in accordance with the Endangered Species Act of 1973, as amended. c. HardQround MappinQ and Classification. Hardground areas and sea grass beds are somewhat ephemeral and may exist in the study area. In order to avoid or minimize adverse impact to hardground and sea grass resources, this study will seek to delineate these areas and describe their 15 '"' 'WI attributes. The primary objectives will be to accurately map the extent of these areas which are important biological habitats and to classify these areas according to their physical characteristics. Hardground mapping and classification of nearshore and offshore borrow areas will be performed. These surveys are necessary to begin the agency consultation and document preparation required by NEPA, and therefore, must be conducted according to USACE specifications in both method and personnel qualifications. Fieldwork will be conducted to insure the accuracy of the hardground maps produced and to develop a more detailed classification of communities present. d. Coastal Zone ManaQement Consistency Determination. Determinations will be conducted to determine whether the proposed actions are consistent with the requirements of the State of Florida's Coastal Zone Management Plan. e. Section 404(b)(1) Analysis An evaluation of the deposition of dredge~ or fill material according to Section 404(b)(1) guidelines of the Clean Water Act promulagated by the EPA in 40 CFR 230 will be required. An evaluation will be prepared that presents an analysis of water quality impacts associated with the placement of fill material in waters of the United States. f. MitiQation Analysis Report. A detailed evaluation will be conducted of possible actions that would offset unavoidable, adverse impacts associated with the proposed project. All efforts will be made to avoid and minimize adverse environmental impacts of the proposed actions. However, if adverse environmental consequences cannot be avoided or minimized, a mitigation plan will be developed. g. NEPA Documentation and Coordination. This task will include: 1) scoping for the feasibility phase, 2) the preparation of an Environmental Assessment (EA) or an Environmental Impact Statement (EIS), as appropriate, in accordance with the National Environmental Policy Act of 1969, as amended (PL 91-190) and the Council on Environmental Quality (CEQ) NEPA regulations (40 CFR Parts 1500-1508), 3) an evaluation of the deposition of dredged or fill material according to Section 404(b) (1) of the Clean Water Act as amended (PL 92- 500), and/or the Section 103 of the Marine Protection, Research and Sanctuaries Act, as appropriate and 4) a project consistency determination in accordance with the Coastal Zone Management Act of 1972, as amended (PL 92-583) and the Florida Coastal Zone Management Program. In accordance with NEPA the considered action and alternatives will be coordinated with the appropriate Federal, State, and local agencies as well as members of the public who are likely to be affected by the project. 16 · \aw .." Responses to agency and public comments on the considered action and alternatives will be addressed in the NEPA document. h. Water Qualitv Certification (WQC) Permit Application. The application for water quality certification will be completed and submitted to the Florida Department of Environmental Protection (FDEP). This will be done pursuant to Section 401 of the Clean Water Act. I. Bioloqicallnvestiqations. Research existing literature concerning the environmental resources of the area. Conduct site visits to the study area, as needed, and perform habitat assessments to determine existing conditions. Biological investigations will be conducted by in-house personnel as well as by contract. Biological investigations shall include but not be limited to seagrass and hard bottom surveys, essential fish habitat, and endangered species. J. Coordination Meetinqs. Attend interagency coordination meetings and in-house study team meetings as required. V. Fish and Wildlife Coordination Act Report (CAR). This action will be performed by the U.S. Fish and Wildlife Service (USFWS) pursuant to the Fish and Wildlife Coordination Act (FWCA) of 1958, as amended (PL 85-624). The USACE will prepare a scope of work and will provide funds to the USFWS to review the pertinent literature, to perform any field work needed to evaluate the impacts of the considered action and alternatives on fish and wildlife resources, and to prepare a Fish and Wildlife Coordination Act Report. This report will assist the USACE in assessing project impacts and will meet the coordination requirements of the FWCA. VI. Hazardous, Toxic, and Radioactive Waste Studies/Report. An HTRW audit will be performed in accordance with ER 1165-2-132, Water Resources Policies and Authorities HTRW Guidance for Civil Works Projects. A site visit will be made to the study area as part of the audit. VII. Cultural Resources Analysis. The Area of Potential Effect for this study includes the beach face to be improved, any off-shore sand borrow areas, and any roads that would provide construction access to the beach face. St. Lucie County, Florida contains 16 properties that have been listed in the National Register of Historic Places. Adjacent Martin County contains five National Register listed properties. Although none of the listed properties are located within one mile of the area of potential effect, one property indicates the cultural resources potential of offshore borrow areas. The 1715 wreck, Urea de Lima, is located within state waters near the 17 -- ~ \...) northern limit of St. Lucies County, Florida. It is one of five vessels belonging to a Spanish plate fleet that wrecked on the east coast of Florida whose remains have been found. A second plate fleet wreck, Nuestra Senora de ¡as Nieves, is located off Hutchinson Island, just to the north of the present study area. A search of the Florida State Site Files identified 13 cultural resource sites within 1/2 mile of the project area. Four of these sites are in the project area. The sites within the project area include two shipwrecks and two prehistoric midden sites within the project (one of these middens is named "Beach Burial Mound"). The sites located near the project include two wrecks and seven prehistoric midden sites". Six of these are located less than 100 yards from the project area and could benefit from added shore protection. The project has the potential to protect the cultural resources located in the project area as well as those cultural resources located adjacent to the project. In order to insure that adverse effects are avoided and beneficial effects are achieved for cultural resources located in the beach area a cultural resource survey of the project area will be needed. Archeological surveys will also be required for any new borrow areas, and any new access roads. Archeological surveys will not be required for previously surveyed and used offshore borrow areas or for existing access roads. Archaeological surveys of new offshore borrow areas should include archival and literature research, remote sensing surveys, and preparation of reports. The remote sensing surveys should include magnetometer, side scan sonar, and hydrographic surveys integrated with a differential GPS system. The sonar system should be equipped with a 500- to 600-kH sensor. Survey lane spacing should not exceed 50 feet and the survey boat speed should not exceed 4 knots. Borrow area surveys must be completed under the direct supervision of a marine survey archaeologist meeting the education and experience requirements established in the Secretary of Interior's Standards and Guidelines for an archaeologist. In addition to the minimum qualification requirements, the marine survey archaeologist must have at least one year of supervised experience in marine survey archaeology, including extensive offshore training in the operation of remote sensing devices and the preparation of reports, together with at least six months in a supervisory capacity on underwater archaeological and marine survey projects. The underwater archaeologist must have demonstrated knowledge and at least six months experience in the methods, techniques, and use of equipment required for underwater archaeological survey and data recovery at submerged shipwreck and/or archaeological sites. Surveys of the portions of the beach face that may be impacted by construction of hard structures (e.g. sea walls, groins, etc.) and areas that would be disturbed by construction of equipment access roads will include archival and literature research, pedestrian and magnetometer surveys, and preparation of reports. The surveys must be completed under the direct supervision of an archaeologist as defined in the Secretary of Interior's Standards and Guidelines and a marine survey archaeologist as defined above. 18 - '" '-...I All reports produced as a result of the archaeological surveys will meet or exceed the Secretary of Interior's standards and any standards set forth by the State of Florida. The reports will identify resources located within the area of potential effect, their potential significance, the effect of the proposed project upon them, and alternatives to avoid or mitigate the effect. The survey results will be coordinated with the Florida State Historic Preservation Officer (SHPO) in accordance with 36 C.F.R., Part 800. Decisions concerning the need for, and scope of, any additional archaeological investigations will be made in consultation with the SHPO. Costs for all technical subtasks include attending study meetings (internal, external, public) for the duration of the study; interim (when a task is completed) and final write- ups of all technical work to a quality that may be directly incorporated into overall project reports; responses to comments; travel; providing interim information as requested by the planning technical leader and supervision and administration. VIII. Real Estate Analyses The real estate analyses will include a determination of the estates required for the lands to be acquired for the project, an appraisal of the costs of lands and damages, and preparation of a plan for acquisition of these lands. Other tasks include an analysis of physical takings, attorney's opinion of compensability, obtaining rights of entry for various field collection activities, and providing input to the Project Cooperation Agreement (PCA) and to the Project Implementation Report (PIR). This activity includes all written memoranda, opinions, database development reports and other documents provided by Real Estate personnel as required in support of feasibility phase planning efforts. a. Obtain Riqhts of Entry. According to specifications to the contract, the contractor should obtain access/rights-of-entry. However if unsuccessful, notification to real estate by a request for rights of entry by section, township, and range parameters, permission will be obtained' from landowners to temporarily use his/her land for a specified time and purpose. These . will be obtained for purposes of environmental investigations, cultural assessments, core sampling, surveys, explorations, etc. b. Ownership Information. Upon notification of alternative feature description and location by section, township, and range parameters, the following data for areas under consideration as project features will be obtained: · Tax maps and public right-of-way maps; · List of property owners; · Tax rolls including value, structure, type, etc.; 19 ... '-' '..",,/ · Zoning information; · Last search of records for each parcel; · Anticipated mineral extraction and determination if such activity is permitted by law; · Identification of all structures potentially impacted that are occupied and may be removed due to project implementation; · Identification of all known public utiìities located within the proposed project area that may require relocation; · Identification of sponsor acquisition costs and real estate administrative costs associated with implementation of each alternative; and Location maps (city or county) of proposed construction areas including material disposal areas. c. Preliminary Real Estate Cost Estimates Prepare lands, easements, rig hts-of-ways , relocations and disposal areas (LERRO) preliminary cost estimates for multiple components for the preliminary assessment of project alternatives during the plan formulation stage of the study. This will require a similar method of estimating costs performed during the Project Management Plan (PMP). The preliminary cost estimates along with the aforementioned ownership information will be compiled in the Geographic Information System (GIS) database as polygon attributes for use in the evaluation analyses. d. Boundary Survey. A boundary survey of the subject parcel(s) showing all necessary boundary information and a tie to an identifiable land boundary corner, the Section, Township, and Range, and County and basis of bearings. The survey should be registered to the Florida State Plane Coordinate System. NAD 1983/1990 datum and all distances and coordinates delineated using the U.S. Survey foot. All boundary data, in digital format (i.e. Arclnfo Coverage or AutoCAD dxf) should accompany the survey. This survey information is required to establish state plane coordinates for sections and townships within the study area for real estate mapping purposes. The survey data will be incorporated into the GIS database and used to map property boundaries and ultimately develop real estate acquisition costs for alternatives. e. Real Estate Acquisition Maps. Prepare an initial set of maps and drawings, utilizing the GIS database developed for this task, that delineate the real estate acquisition lines based on technical design drawings developed during the feasibility phase. This activity is dependent upon receipt of the footprint of project features and tax maps followed by a coordination meeting with the study manager to assure all project features are identified including temporary construction areas, road access, borrow/disposal areas, etc. These maps will reflect the minimum real estate required for project purposes. 20 '-' "-' f. Physical TakinQs Analysis. This analysis will result in a written legal opinion as to whether flooding induced by construction, operation or maintenance of the proposed project will result in a taking of an interest in real property for which just compensation must be paid to the owner. The opinion must describe the analysis, to include hydrologic data incorporating depth, frequency, duration, velocity and extent of induced flooding based on economic data, as well as relevant state and Federal law, and present a conclusion on the. takings issue. g. Relocations Analysis. After a determination through engineering design of what facilities must be relocated including roads, railroads, pipelines, utilities, bridges, and cemeteries, a preliminary legal opinion on whether a substitute facility is required will be documented. The opinion makes findings on whether the owner has a compensable interest, whether the owner has a legal duty to continue to maintain and operate the facility/utility, and whether federal law requires the provision of a substitute facility rather than mere payment of market value for the property acquired. The preliminary legal opinion differs from the final legal opinion only in its acceptance as fact of the owner's statement of its interest in the property, without a search of property records. A baseline cost estimate must be developed for the relocations to include an engineering cost estimate for the performance or construction of the relocation and the value of the land. The Real Estate Plan (REP) will include a statement as to whether the Federal government, the local sponsor, or owner will be responsible for the relocation and acquisition of new rights-of- way, the costs for relocation, and land to be acquired allocated to each entity. h. Gross Appraisal. This task includes activities necessary to complete a detailed, supported appraisal of the collective real estate requirements and impacts of the recommended plan as required by ER 405-1-12. The Gross Appraisal must be of sufficient detail to provide an accurate cost estimate sufficient for Congressional authorization. Review and approval of the Gross Appraisal Report is accomplished concurrently with the draft PIR. The Gross Appraisal will be submitted concurrently with the draft PIR and is dependent upon receipt of the final recommended plan including real estate maps with project features, estates to be appraised, tax and ownership information, zoning and land use maps. i. Real Estate Plan (REP) The REP to the PIR will outline the minimum real estate requirements for the proposed project as required by ER 405-1-12. It will contain a description of the area; the acreage and proposed estates, including non-standard estates, and justification for the use of non-standard estates; a discussion of any land owned by the Federal government, the local sponsor, or any public entity; a discussion of the local sponsor's ability to acquire 21 '-" ......, LERRD; a discussion of mineral activity, if any, and the attitude of landowners; at least a preliminary assessment of facilities/utilities to be relocated; and any other relevant real estate information appropriate for the project. This activity also includes development of a detailed cost estimate for the recommended plan that will be input for the MCACES/MII (engineering) cost estimate. This baseline cost estimate will be developed from the Gross Appraisal and will include other costs such as Public Law 91-646 relocations, administrative costs, and contingencies. j. Draft Project Cooperation AQreement (PCA) and Post-PIR Phase PMP Input. This activity includes development of data necessary to support other documents pertinent to the project including, but not limited to, the post-PIR phase PMP and the draft PCA. For these documents, a detailed schedule of land acquisition will be developed. IX. Socioeconomic Studies a. Storm DamaQe and Loss of Land Analvses. (1) Data Accumulation and Coastal Map Preparation - Coastal maps and additional literature for the study area level will be collected. Existing and future land use will be identified for the study area. The mean high water (MHW) shoreline will be delineated as part of the Coastal Engineering Analysis and provided to the economist. Information (length, current condition, cost of replacement) on existing coastal armor will be identified as part of the Coastal Engineering Analysis and provided to the economist. Information to be provided includes length, condition and cost of replacement. Distances required for input to the Storm Damage Model, for example the distance from the seaward face of each structure to the MHW shoreline, will be measured for entry into the structure database. Establishing distances to infrastructure such as roads and utility services will be the responsibility of Planning Division. (2) Structure Database Development - Values for the first row of structures and associated infrastructure from the Atlantic Ocean in the study area are to be provided by Real Estate Division (RE) all structures and infrastructure will be located on maps or aerial photographs. The correct measure of structure value, consistent with cost-benefit concepts is replacement cost less depreciation to the existing (pre-flood) structure. Assessed value, real estate appraisal and market value data do not necessarily provide acceptable and directly useable estimates of replacement cost less depreciation, even when separate land and improvement values are reported. A variety of particular causes may make the data inappropriate, but the fundamental reason is that these data are produced for and primarily used for purposes other than estimation of flood damages, that is for other than NED benefits estimation purposes. When structure value data are obtained from sources other than direct estimation of cost of physical replacement less depreciation, these data shall be verified as being 22 '-' ...., reasonable estimates of replacement cost less depreciation. This can be done using a sampling procedure to select a relatively small number of structures for direct estimation of replacement cost less depreciation. The results can be used to compare and, if appropriate, adjust the data obtained from other sources. Parcel numbers will be cross-referenced to structure locations. The data provided by RE will be verified with existing recorded information. The structure values and the distance measurements from the previous task will be entered into the electronic database format required for the Storm Damage Model. The database will be reviewed for accuracy and revised as necessary . (3) Without-Project Damages to Private Land and Development (includes loss of land and storm damages) - The value of loss of land to gradual erosion and resulting damages will be calculated. The damages associated with storm events with different probabilities of occurrence will be computed using the Storm Damage Model. Without-project average annual storm damages and value of land losses will be calculated. (4) With-Project Damages to Private Land and Development (assumes two alternative plans) - The analyses described in Aiii. will be repeated for with project conditions for each of the alternative plans. (5) NED Benefit-Cost Analysis - The primary benefits (storm damage and loss of land reduction) and costs associated with each alternative plan will be converted to average annual equivalent values and compared to identify that plan's net annual benefits. (6) Using information and values provided by environmental team members, potential environmental benefits and opportunity costs would be evaluated for implementing various project alternatives. (7) Estimates of replacement cost less depreciation will be developed by Real Estate Division for the oceanfront properties. Values will be estimated for residential, multi-family and commercial structures using the replacement cost less depreciation method. b. Description of Storm Damaae Model The Jacksonville District has developed a Windows based empirical computer model named the Storm Damage Model (SDM) that simulates damages at existing and future years. The SDM will be used for this study. The model also computes average annual equivalent damages. The model uses data developed from storm frequencies and shoreline recessions along with data, which describes each structure and computes, expected damages to each structure. For the purposes of analysis, storm damage is defined as the damage incurred by the temporary loss of a given amount of shoreline as a direct result of erosion caused by a storm of a given magnitude and frequency. In addition to residential structures, storm damages are calculated for 23 '-' .~ commercial and public buildings, pools, patios, parking lots, roads, utilities, seawalls, revetments, bulkheads, replacement of lost backfill etc. The storm damage model includes quantification of risk and uncertainty for key variables, as required by ER 1105-2-100. The focus is on uncertainties associated with recession-frequency curves, long-term erosion rates, erosion-damage functions, structure values, and other key variables as appropriate. This results in probabilistic estimates of storm damage reduction benefits. The most current version of the storm damage model, incorporating risk and uncertainty, will be used for the analysis of storm damages for St. Lucie County, Florida. The initial step in how the storm damage computer model computes damages is based on the relationships between storm frequencies and shoreline recessions and expected damages to each structure from a given storm of a given magnitude. Continuous erosion and shoreline recession result in reduced beach width and hence reduced protective value between a structure and the expected shoreline position. The location of the expected shoreline position for each year is based on the historical shoreline recession on a per year basis. After the relationship between shoreline recession and damage is determined, relationships between the probability of an occurrence and damage is then determined by assigning probabilities from a frequency-recession curve for each existing condition and each future time increment. The relationship between probability and damage is then determined by tabulating total damage estimates for varying frequency storm events. Due to continuing erosion and shoreline recession over time, future damages to development would be more severe with a given storm than damages under existing project conditions. Therefore, the shoreline recession-damage relationship is modified to accommodate the expected shoreline position in future years with respect to the reference shoreline. Future year damages will be simulated by determining the location of the shoreline in future years using the different shoreline recession or advance erosion rates provided by Engineering Division. Future long-term recession is assumed halted at the year an existing seawall or protective structure is encountered. In some instances, future damages could be less than existing, if a coastal armor replacement index is selected which provides greater protection than the current coastal armor type. Using a frequency-damage curve, average annual equivalent damages for each project condition will be calculated. Based on this information, a frequency-damage relationship will be constructed for each year of the project life. The resulting estimates of expected damages will be converted to an average annual equivalent basis using the current Federally mandated interest rate for the 50-year period of analysis. The estimation of damage prevention benefits attributable to the with project condition will be determined by comparing the without project condition expected damages to those for the with project condition. The difference between the two is defined as storm damage prevention benefits. 24 '-' ~ The assumptions to be used in the development of the estimate of annual storm damages are: (1) The relationship of probability to shoreline recession will remain constant with time, (2) Damages to improvements will not occur until shoreline recession has exceeded the seaward edge of the improvement, (3) When the shoreline recedes halfway through a structure of two stories or less [e.g., a single family house], the structure will be considered a total loss. (4) When the shoreline recedes halfway through a structure with more than two stories [e.g., a condominium], the structural value of only the bottom two floors will be considered lost. (5) If a structure is less than one-half undermined, the damage will be assumed to be equal to the product of the structural value of the bottom two floors and the ratio of the horizontal distance eroded through the structure divided by the one-half distance through the structure, (6) All market values of improvement will be estimated using a version of the cost approach to value [replacement cost new less depreciation], where replacement cost implies replacing a building using materials and standards having utility equivalent to the subject structure's current condition, (7) Seawalls, revetments and other coastal armor will stop all damages from a given storm until they are exceeded or fail, (8) Although shorefront areas continue to develop through time, damage estimates are limited to existing buildings and structures, (9) Repair costs to the coastal armor will be determined by current engineering estimates of replacement and/or repair costs of such work, and, (10) After structural failure, the shorefront development, roads, parking lots, etc., will be repaired to a condition similar to and in the same location as the pre-storm condition. The assessment of damages to the existing development is based on the shoreline position at the time the beach profile surveys are taken. Due to continuing erosion and shoreline recession, future damages to development would be more severe with a 25 \wi ...", given storm. This is a result of reduced beach width and the protective value between a structure and the reference shoreline. Future year damages will be simulated in the model by estimating the location of the referenced shoreline in future years. The location of the referenced shoreline will be based on the historical shoreline recession rate. Future recession is halted at the year an existing seawall or protective coastal armor is encountered. The storm damage model requires the physical dimensions of each coastal development. First, the lot width will be determined from aerial photography and property tax maps. Secondly, from aerial photography three linear measurements will be made using the referenced shoreline (mean high water) as the indicator: [1] from the referenced shoreline to the location of existing coastal armor; [2] from the referenced shoreline to the face of the structural improvement (zero value); and [3] from the reference shoreline to the point of full value. In the case of structural improvements such as single family homes or condominiums, the full value distance point will be the mid-point or center of the structural improvement. In the case of roads or patios, the full value distance point is the landward edge of the improvement. The storm damage model simulates damages in existing and future years and computes average annual equivalent damages. The resulting damages are given by structural improvement, damages to the coastal armor, damages to the backfill or the land area between the coastal armor and the structure, and, damages as a result of loss of land. Damages or losses to developed shoreline include buildings, pools, patios, parking lots, roads, utilities, seawalls, revetments and bulkheads etc. c. Coastal Armor. Field inspections will be made to determine the type, general location and condition of coastal armor by lot width within the study limits by other elements of the study team and provided to the economist. The coastal armor types will be grouped and categorized by the level of protection provided, unit cost and a damage prevention index. The level of protection provided by each armor type, based on the field inspection and engineering judgment, is the amount of shoreline recession each type of armor would prevent until failure. The unit replacement cost per linear foot will be based on engineering cost estimates. The damage factor is the percent of armor repair/replacement needed after failure. d. Recreation Benefits Analvsis. The procedures that will be used to quantify recreation demand are described below. The given scenario is provided as a model for work to be conducted to determine recreation benefits associated with various shore protection alternatives for the feasibility study. Any available recreation data specific to public use in the study area will be evaluated and considered in the formulation of project alternatives for St. LucieCounty, Florida. 26 ~ """ (1) SCORP - The Florida Department of Environmental Protection (FDEP), Division of Recreation and Parks, concluded a study in 1970 to develop a comprehensive program for meeting Florida's outdoor recreation needs. In 1971, the State Comprehensive Outdoor Recreation Plan (SCORP) entitled "Outdoor Recreation In Florida" was formally adopted by the Governor as the official outdoor recreation plan for the State of Florida. This report has been updated and re-published. The most current report will be utilized in this analysis. This information will be used to derive and project total salt-water beach participation and allocate this participation from region to county level. The SCORP report states that each participant seeks at least 200 square feet of beach space for minimum comfort. A turnover rate of two will be utilized to account for the fact that the average beach visitor uses the beach for only one-half of a day, usually in the morning or in the afternoon. This means that twice the effective beach area and twice the effective parking capacity is available during a given day. County and/or State recreation professionals will be contacted to determine the average number of people per vehicle visiting the park/beach. The number of people a parking area can support is equal to the number of cars the parking area can support multiplied by the average number of people per vehicle multiplied by two. (2) Participation Rates - The SCORP report identifies the two sources of total beach use participation to be resident and tourist participation. These estimates of total participation are dependent upon estimates and projections of population and tourist activity. Participation rates are the accepted method of converting resident population and tourist projections to resident and tourist participation. For this study, county resident participation rates and state resident participation rates will be computed from the SCORP supplemental statistical data. Tourist participation rates were not available on the county level from the SCORP or the supplemental statistical information. Therefore, the regional tourist participation rate will be utilized as the most accurate reflection of participation by tourists originating outside the State of Florida. The tourist participation rate is defined as the average number of times a tourist visiting a region will participate in saltwater beach activities in the region in a given year. (3) Regional Demand - The selected method utilizes the SCORP report tocompute total resident and tourist regional participation. It is not possible to separate resident and tourist user occasions for the region using this report, thus, the following method will be employed to determine regional resident demand. Regional population projections will be obtained from the University of Florida Bureau of Economic Analysis, Statistical Abstract, which provides projections through the year 2020. The remainder of the years in the project life will be projected using an extrapolation method. The regional population for each year will then be multiplied by the regional resident participation rate to obtain regional demands. The methodology used to determine regional tourist demand will be somewhat different. Combining information provided by the SCORP and the Bureau of Economic Analysis, regional tourist demand will be solved using the following equation: Regional Tourist Demands = Total Demands - Resident Demands. 27 '-"' ...." (4) Allocation of Regional Demand to County Demand - Allocation of regional demands to the county level will be accomplished using the 1989 SCORP report, current population projections from the University of Florida Statistical Abstract, and conversations with representatives of St. Lucie County, Florida. Based upon these data, the annual beach activity demand will be determined. Current estimates of county population as well as the county resident participation rate will be utilized to compute resident participation for each county. The most recent county population projections will be obtained from the University of Florida. The population for future years will be projected using the extrapolation method. Participation rates are assumed to be constant over the project life. Sufficient information is not available from the DNR to compute out-of-state tourist participation rates at the county level. Therefore, the state tourist participation rate will be obtained from the SCORP and used as the out-of-state tourist participation rate for each county. (5) Distribution of County Demand Within the Project Area - The study area will be treated as one market area in this analysis. Projected use of area beaches based upon the total square footage of beach density usage approach insures proportional distribution of participation over the study area beaches. If one segment of beach is overcrowded, they all are overcrowded. The opposite is also true. This insures that a participant will find useable beach if it is available in the study area. No attractiveness indexes are used to distribute participation. While it is true that participants may exhibit a preference for a given park because of differences in access and beach facilities available and that the more desirable beaches will be occupied first, the avoidance of overcrowding will be the dominant concern. With a project, additional public beach is created in the study area and excess demand can be accommodated at the various accesses. As the beaches in the county erode throughout the project life, the allocation of demand to these beaches also changes to reflect the decreased amount of useable beach, which varies in the study area under this condition. Likewise, one could expect a different distribution of participation with the proposed improvements, which maintain and increase public areas for recreation at the project beaches. The analysis therefore provides a realistic and dynamic analysis of beach usage over time. (6) Without Project - Information defining existing supplies of useable beach areas for St. LucieCounty, Florida, will be based on aerial photographs updated to reflect existing beach area. Existing supplies of useable public beach, beach lengths and erosion rates will be determined. Public areas will then be allowed to erode from the beginning of the project life and in 1 a-year increments throughout the 50-year project life. Erosion of public beach areas throughout the project life without the proposed project is primarily dependent upon mean high water recession rates. The procedure used to calculate public beach at a given point in time is to multiply the annual mean high water erosion rate by the front footage of the beach by the time 28 '-'" ...." increment. The area computed is subtracted from the remaining area in the preceding time increment if the beach is receding or added if the beach is accreting (7) With Project - The total capacity of useable public beach with the plan alternatives requires the following computation: (a) The computation of the total area of beaches to be renourished. This is dependent upon average project width. (b) The deletion of all privately owned land in the re-nourished area. (c) The limitation of useable public beach is 1/4 of a mile in either direction from the nearest access point. The 1/4-mile limit is measured from the outlying boundaries of access strips or exiting public parks. (d) The àddition of all public beach not re-nourished in the study area. The computation of useable public beach for St. Lucie County for the without project condition (unconstrained parking) will be determined. Square footages will then be converted to the number of people per day that the public beach can support. This analysis will be done for each park and access strip for each 10 year increment in the project life for the with- and without-project conditions. A 200 square foot area can support 2 people per day, which means the effective public beach area is multiplied by two (2) to compute people per day. (8) Beach Accessibility-Constrained Parking - Public beach is useable only if the public has access to it. Accessibility to the beach is determined by the number of public access points available and available parking, different modes of transportation available to the public, and the distance one could reasonably expect a beach participant to walk. Methods of transportation to the beach can be separated into walk-on participants, drive-on participants, and other modes including bicycling. Walk-on participants may be further defined into hotel-tourist participants and single/multi-family participants. Supply in people per day with constrained parking for the beach fill alternatives for with and without project conditions will be computed. (9) Demand Allocation Based Upon Supply - Participation is derived by dividing the supply of beach area for each area in people per day by the total supply for the study area. These percentages will be used to allocate unconstrained beach participation. The analysis will be done in 10-year increments with and without the beach fill alternatives. The resulting participation will be assigned to each area. Percent demand for without and with project participation, or demand, for constrained parking, will be illustrated in the Economics Appendix. Yearly user occasions for constrained parking will also be shown. 29 \w- ""'" (10) Daily Demand - Historical patterns of beach use along the coast of Florida is characterized by user groups. These groups define how annual participation occurs within a given year. Daily attendance within the year reflects the climate or season, which affects monthly participation. Daily attendance is also influenced by weekdays and weekends. Daily attendance records will be obtained for 8t. Lucie County, Florida. Utilizing these records, user groups will be derived by ranking daily attendance in descending order. Each day's percentage of yearly participation attributable to that day will be calculated. To reduce the number of groups and simplify the computational process, groups with similar percentages will be averaged. The net result will be user groups representing all 365 days in the year. (11) Recreation Benefits Analysis - Recreation benefits will be been computed for each 1 O-year increment in the project life for the project area. Total demand for each user group per day expressed as people per day will be calculated. If this result is larger than the without project condition supply in people per day, the remaining demand is unsatisfied. The unsatisfied demand for each user day group will be multiplied by the number of days in the group. This value indicates in user days the extent of overcrowding in the user group. Negative numbers indicate excess capacity. The total participation for each group in people per day will be determined. The number of participants will be multiplied by the value of a user visit to derive the total value of user visits without the project for each group. This procedure will be repeated for the recommended plan using with project supply and demand values. The difference between the without project and with project value of user visits is the benefit for a given user day group. The sum of the benefits computed for each user group is the annual recreational benefit attributable to the area in a specific year fora given alternative. (12) Average Annual Benefits - Benefits will be displayed for the study area for the recommended plan in 1 O-year increments. These benefits will be computed based on the assumption that the recommended plan dimensions will be maintained over the project life. The benefits shown will be the difference between the with- and without-project condition. Benefit will be shown for the beginning and ending of each 1 O-year period. The benefits will be amortized and discounted at the current federally mandated interest rate to obtain the average annual equivalent benefit. c. Economics Appendix. An economics appendix will be prepared. The appendix will include explanations and examples of data collection, analytical techniques and methodologies, computations, and results of analyses. The appendix will describe both the storm damage prevention and the recreation benefits analyses. The appendix will include sufficient detail to permit review of methodologies and assumptions used to calculate benefits and to verify the benefit calculations. 30 \w' ''WfIJI Costs for all technical subtasks include attending study meetings (internal, external, public) for the duration of the study; interim (when a task is completed) and final write- ups of all technical work to a quality that may be directly incorporated into overall project reports; responses to comments; travel; providing interim information as requested by the planning technical leader and supervision and administration. X. Plan Formulation. Plan formulation is the process whereby project alternatives (specific project features) are conceived and developed to satisfy planning objectives. Combinations of measures are then coordinated to develop comprehensive, systematically formulated alternatives. Alternatives consist of a system of structural and/or nonstructural measures, strategies, or programs formulated to alleviate the shoreline erosion problems and reduce storm damage. Alternatives are formulated in consideration of four criteria: completeness, effectiveness, efficiency, and acceptability. Completeness is the extent to which a given alternative provides and accounts for all necessary investments or other actions to ensure the realization of the planned effects. Effectiveness is the extent to which an alternative solves the specific problems and achieves the specified opportunities. Efficiency is the extent to which an alternative is the most cost effective means of solving the problem and realizing opportunities consistent with protecting the nation's environment. Acceptability of the alternative is acceptance by state and local entities and the public and compatibility with existing laws, regulations, and public policies. An initial matrix of alternatives designed to solve the erosion problems in the study area will be developed. The alternatives are to include the no action plan, structural, and non-structurural. Structural alternatives may include breakwaters, seawalls, and revetments while non-structural alternatives may include beach renourishment and nearshore disposal of beach quality material. Intermediate alternatives shall include measures to mitigate effects on environmental resources, if necessary. Documentation of the plan formulation process will be prepared and incorporated into the main body and technical appendices of the Feasibility Report. XI. Coordination and Public Involvement. A minimum of two public information sessions will be held, one near the beginning of the study to inform the general public of study initiation and study goals, and the other near the end of the study to formally present the results of the study. The Government and the Sponsor will conduct the meetings jointly. The Government and/or the Sponsor will prepare fact sheets and information papers as needed, Public information sessions will be designed in a manner, which best provides information to interested and affected publics. A scoping meeting will also be held with the resource agencies soon after initiation of the study as described in Section IV, Environmental Studies. 31 \.r ...."" XII. Project Management Business Processes. Study Management efforts will ensure that the planning goals, objectives and guidance are responded to and all items in the scope of work are preformed. These tasks will be performed by the Planning Technical Leader (PTL) who will be responsible for holding periodic meetings with technical elements to review progress; preparing project related correspondence; coordinating with Federal, State and local agencies to ensure that all have been informed of proposed plans of improvement as well as the progress of the study; and providing guidance and support as required to ensure that questions have been answered and problems have been resolved from the start of the study to the review and approval of the final report at higher levels. The PTL will coordinate development and production of the feasibility report. Management of the feasibility phase of the study will be a cooperative effort between Sponsor representatives and the Government. Project Delivery Team (PDT) The PDT will be responsible for the development of planning alternatives and will ensure that the study tasks in the PMP are executed on time and within budget. PDT meetings will be held with the technical specialists working on the study items to discuss the status of the study and share information. These meetings will provide a forum for communication between team members for the purpose of resolving major and minor issues and scheduling future work. Progress and problems shall be discussed to facilitate actions by management to allot resources, coordinate issues, or seek additional advice or expertise so as to maintain study progress and to address all relevant issues. The PDT will identify and address pertinent issues and act within their authority to resolve them. Study team meetings will be held as required. Representatives of the sponsor will be included on the PDT. Contractors may also be included as needed. A Project Manager (PM), assigned by the Deputy District Engineer for Programs and Project Management, will be included in the PDT and will lead the PDT in the accomplishing the scope of work. The PM will assure that the Project Management Plan address the roles, responsibilities, rights, obligations and level of participation of the Government, Sponsor, and other parties during all phases of the study/project. The PM will retain project management responsibilities for the project through all phases of development as long as there is Government involvement. Project related correspondence should be prepared as necessary. This shall include responses to public, government, special interest groups, Congressional, or other inquiries directly or indirectly relating to study activities or the study area. A status report will be provided by the PM on a monthly basis. The PM is responsible for providing status reports to the sponsor. Contract negotiation and administration shall require some or all of the following for each study element performed for the Government by a contractor: a. Preparation of a scope of work, 32 "w "..",,1 b. Preparation of Government cost estimate, c. Selection of a contractor, d. Negotiation, and award contract, e. Monitoring progress of the work, and f. Review completed product. Coordination with other agencies shall include phone calls, e-mails, on-site visits and/or correspondence with Federal, State, and local government agencies; institutions; businesses or groups with expertise, responsibilities, or resources related to shore protection, inlet studies or management, transportation, highways, environmental resources, or other areas of interest. XIII. Project Management. Project management's specific role and responsibilities consist of coordination with the Sponsor and ensuring that the cost, budget, schedule, scope and quality requirements of the government and the Sponsor are met. The PM will coordinate with the functional elements of the Sponsor as well as the Government and non-government entities. The PM manages the parameters related to the completion of the report and has authority to control all direct charges to the project accounts. Although the technical managers are responsible for the content and quality of the technical products, the Project Manager has overall responsibility to ensure technical integrity. Study budgeting and accounting shall require preparation of annual budget documentation and monitoring of study expenditures. Budget documentation shall consist of the project cost and benefit estimates, and study cost estimates and related project information sheets needed to support budget reviews and to reflect changing interest rates or cost estimates. Monitoring and managing of study funds shall require preparation of annual obligation and expenditure schedules and monthly fund obligation projections; regular continuing review of progress relative to expenditures; monthly review and reconciliation of Finance and Accounting System status report with actual and planned charges against the study; coordination of progress on funds obligations and expenditures with reviewing headquarters; and negotiations, transfer of funds, and monitoring expenditures for USFWS studies. At the end of each fiscal year, the PM will prepare an accounting of the funds expended in each study activity and provide it to project sponsor. The PM is responsible for timely notification to the sponsor of funds needed for the coming fiscal year The Jacksonville District will record, document, and verify all study costs. The District Finance and Accounting office will be responsive to the non-Federal Sponsor and PM by providing the following during the course of the study: 33 \w- ~ a. Current and accurate financial reports as required in the FCSA and PMP to the PM and PTL for provision to the Sponsor at least quarterly, b. All values of approved credits (in-kind services) performed by the Sponsor as reflected in the official accounting records, c. All costs subject to cost sharing are reported to the PM through the official Jacksonville District Finance and Accounting office accounting records IXV. Report Preparation/Reproduction The feasibility report shall consist of the main report, NEPA document, and related appendices and will be prepared in compliance with the requirements of Engineer Regulation (ER) 1105-2-100, Policy and PlanninQ, Guidance for ConductinQ Civil Works PlanninQ Studies. The report shall be a complete decision document and as such shall include a complete presentation of plan formulation. The report shall be based on studies and investigations conducted as part of the feasibility study and from published reports applicable to the study area. The main report shall be direct, concise, and written in an easy-to-understand style using appropriate graphics, illustrations, and photographs. The main report shall include the study findings and recommendations. The length and detail of the NEPA document shall conform to the regulations contained in ER 200-2-2, Policy and Procedures for Implementation of the National Environmental Policy Act. The appendices shall be technical reports written for technical reviewers. The length and detail of the appendices shall be sufficient to cover all aspects of the subject. Ample graphics and other illustrations shall be used to facilitate the presentation. XV. Independent Technical Review (ITR). ITR is performed at key points in the study process to ensure the proper application of appropriate regulations and professional procedures. Skilled and experienced personnel who have not been associated with the development of the study products perform the ITR. ITR team members may be employees of U.S. Army Corps of Engineer Districts, other Federal agencies, state or local government agencies, universities, private contractors or other institutions. The key factor is extensive, expert knowledge in their field of expertise. XVI. Project Management Plan for Preconstruction Engineering and Design (PED). An initial draft PMP for PED will be developed according to current guidance. It will address the schedule and cost of PED and construction activities. These activities will include preparation of plans and specifications for the initial construction contracts. XVII. Feasibility Phase Completion. The total cost for the feasibility phase of the St. Lucie County, Florida coastal shoreline protection study is estimated at $1,975,600 (Appendix C). The Sponsor will be advised when the feasibility phase is 34 ~ ...", completed. All books, records, documents, and other products of the study will be available to the parties of the FCSA following completion or termination of the study. XVIII. Review Contingency. The review contingency provides the funds to cover any additional analysis, documentation, or rewriting necessary after final report submission. It also covers attendance at any meetings with USACE staff during the review process on the study findings in the report. XIX. Sponsor Responsibilities. The following summarizes sponsor responsibilities contained in this document: a. Designate members to the study management team; b. Assist in public, resource and other agency meetings; c. Aid in the determination of consistency between plans evaluated; d. Assist in the determination of future improvements; e. Assist with real estate studies; f. Participate in team meetings; g. Review draft and final reports 11. STUDY SCHEDULE. A listing of the major milestones for the feasibility study is provided in Attachment B. Attachment B provides a network schedule depicting the currently envisioned process for the completion of the feasibility study phase. The activities required to complete the study are broken down by organization in the description provided. 12. CURRENT SCHEDULE. The current schedule assumes that funding of the feasibility study begins in Fiscal Year 2004. Budget allocations are for completion in Fiscal Year 2008. The termination procedures, as defined in Article XII, assume no interruption in funding occurs over the life of the study. The schedule assumes that there will be no major changes or funding problems during the conduct of the feasibility phase. 35 \w '-" 13. STUDY FUNDING. To maintain the schedule in Attachment S, the feasibility phase would require the current estimated funding requirements for implementation of the study as shown below. Fiscal Total Sponsor Year Fundinq Federal Cash In-Kind 2004 $130,000 $65,000 $0 $65,000 2005 $500,000 $250,000 $0 $250,000 2006 $500,000 $250,000 $0 $250,000 2007 $500,000 $250,000 $0 $250,000 2008 $462.600 $172,800 $0 $172.800 Total $1,975,600 $987,800 $0 $987,800 The feasibility study cost is a shared 50/50 responsibility between the Federal Government and the Non-Federal sponsor. Of the total study cost of $1 ,975,600, it is expected that $987,800 will be the Non-Federal sponsor requirement and $987,800 will be the Federal government requirement. The Non-Federal sponsor's share may be in cash or in-kind services. 14. STUDY COST ESTIMATES. The feasibility study cost estimate is in Appendix C. 36 ~ ST. LUCIE COUNTY, FLORIDA HURRICANE AND STORM DAMAGE REDUCTION STUDY PROJECT MANAGEMENT PLAN ATTACHMENT A PROJECT MAP ...",. '-' BUll t.',:0 "", .,,,,r' "~{J },~.\. . '3fi"\~ )+.....{.'.'.,~~~' \\t{,. l:)'".£~: ,," ,'I- \\~\':::~ .~fK\ry ..t;,l, \ ,~ '<' ''fu < .... \ ,.J ".t~;.. ~¡;; {, \ ' '," (.~:.<i~, ,;\\ ~" "'''- \~ "~ ,. ,,'f \1ó~ '" \ 'i>' '. \ '\ .'\: :.... \_~!I;, "¥.f~ \, "- '~\f t1in '. '/f~ \\ ':*t\' \\' \;\ '\, '¡¡,}l '~~ f,~. \\ ''ic\ Vi h h\ E?~ £:' , ..~ Figure 1. Location Potential Study Area Limit Map of - North '..""". t ~, . j-.-'ó '..... ... "n.. . .,.. ~,. '~ . .. ,. .' _. . ":," A" ,'0 :~...<i""""'/ .. .' '7 ~ ~ .... '\ \\ ~ \ ) . \ / \ l~, \ {" ~(r;:~'~'; \ ..r'...~Y..,}:"_ .;. . ,:;1>·';i,~i" \', \ tf-df.-oJ/'j';¡i!.'· ('i: ):tfil~~;¡,\ \~ .\ 4j".7 .~.j¡,. ~. ~ '.','. Y·~¡~~çî?í~' ~. ~l: ...,,-t."j; jj' 't·, ,. \ ;!t~t~ -~A¥,f::"11~~.î~,·;\ l"'/!,'~: ,f';¡¡'~!';fr 'f \, ¡;tl\';i;'·",,· (,4:;:: ;~.". ~"~'I'~i'Ç-' "" ~'..' ",.,;;F,'; f;"!¡!E~,\ , \\,,>-,;~. ;.,¡;';"'..,".'.,j...... ""ì ......~'·7h~'F;1:;..., \,-,,';, ,/~ ~', ~l~:~;~,~ti.. \~\ ,/-c' ",\~,'~ ",,~;:ti' ') \ ~":\ \¿?, ~~:~~. ':~~('1~\(t )~ .. .¢'~\~ 0' ,. \ ).. - k:r:r:~,p, \ ' ;,,~''''~~ ;~~, 't, '~~ ';~~~:J~ ''\ ~~tJ~~,;'~\ '~" " "''''''''~:' \" "':':~f)\"\~" ',',,'-~" \, ,à [(;~~";~. ,'(' ... '~,\ . ~:~~,'~i~:{f1 "{~~ '\\"~""; :~ ~\ 1" ì.: . : Y¡, ~i\. ) \,t 1',;~ ~!\~ to ., (t',: .,;",,\ L..\ \ Pé, Ci:ft~·i·\,.\\ Yo. 7'" ;.c8¡::·i:~::~~:~:~-.t~~:o0\ s.~:~ .,. ~¡ .:__'' ~;:. 1'(. II,> (". \,:L,-,¡) \ \~\ ST LUCIE CO ';-'l -Ii v,:" "~'i- "'. \".\.) ------MÄiiTrNCÕ--------~-~-:a ~~~~,~~~., ~ ~ ~PE;'~~.~~, ~~.,\,\ "'tt> J~?;i~Ç': ;;;' }"" ,~;~;,; \i~\ì ~ (j ~. ~...^>, ¿ ,.~..l'¡"'·1.""Í t ..'to.),eww;u ~ h;:::;;-"~ "'>~~~~~~?;~:;;J;~~c~lit~\~'~,. Jon... a.... r".kAWa~--~'''::-' ,...../ '-<-"",'I';:>""'. .'. ., p"" BrldIt·-- ~_~/ ,-";p;;,(c,~¡, ."'" ~""> i,.' ',,;.~""."'), "~:~~.':' \ ';,j. . 'ÍfI!'.\< 't'-.;, .!".:, \ ·,"}i\ ':' ,., "\ J..- '-' 1;. ... T 'ò Y... '} .... ~ '1, oJ· ~ ·t· - 'Z 'ò ...... ~ 'i.. ,.. ':. .. 'i ~... <$1 ~, '7 f) -;. 1,,- ,¡., o ¢ .... ¿ -ø Y/J ~.. .....'....'.' "f. _:;J ,~ .' '<" .'" , ~...\ '. '\ Yf .... ~ ~ ... '" tt> ~ ... .'. t" 1;. ~ .. "" \ .. ~ " - -,-' ~-~.- """" t +. Figure la. Location Map of Potential Study Area(Cont.) South Limit \w ST. LUCIE COUNTY, FLORIDA HURRICANE AND STORM DAMAGE REDUCTION STUDY PROJECT MANAGEMENT PLAN ATTACHMENT 8 STUDY SCHEDULE 'wi \w ST. LUCIE COUNTY, FLORIDA HURRICANE AND STORM DAMAGE REDUCTION STUDY STUDY SCHEDULE TASK .'tttt1IfI DATE 30 JUL 04 District & Non-Federal Sponsor Sign & Execute FCSA Initiate Feasibility Phase Study Public Workshop/Initial Scoping Meeting Feasibility Scoping Meeting (FSM) Prepare Draft Report Independent Technical Review Alternative Formulation Briefing (AFB) Respond to Project Guidance Memorandum Draft Feasibility Report and NEPA Document for Public Review Revise and Prepare Final Feasibility Report Public Meeting Submit Final Report to South Atlantic Division (SAD) Completion of Feasibility Report/Division Engineer's Public Notice 1 AUG 04 JAN 05 JUN 05 FEB 06 MAR 06 J U L 06 SEP 06 MAY 07 JUL 07 SEP 07 DEC 07 1 APR 08 '-' ST. LUCIE COUNTY, FLORIDA HURRICANE AND STORM DAMAGE REDUCTION STUDY PROJECT MANAGEMENT PLAN ATTACHMENT C FEASIBILITY STUDY COST ESTIMATE ..." ..... ..." ST. LUCIE COUNTY, FLORIDA HURRICANE AND STORM DAMAGE REDUCTION STUDY PROJECT MANAGEMENT PLAN MAJOR WORK ITEMS SPONSOR FEDERAL TOTAL Public Involvement $30,000 $30,000 Environmental (PD-E) Biological Investigations . $5,000 $5,000 Hardbottom Surveys (Contract) $60,000 $60,000 Borrow Area Investigations (Contract) $70,000 $70,000 Environmental Impact Statement (Contract) $120,000 $120,000 NEPA Coordination $4,000 $4,000 FWS Coordination Act Report $30,000 $30,000 FWS Scope of Work and Coordination Ltr $2,000 $2,000 Endangered Species Consultation $4,000 $4,000 . Cultural Resource Assessment (Contract) $75,000 $70,000 Cultural Resource Coordination $40,000 $40,000 Contract Prep/Monitoring $50,000 $50,000 Water Quality Certification $25,000 $25,000 HTRW Investigations $10,000 $10,000 Internal Coordination $3,000 $3,000 Sub-Total (Environmental) $250,000 $248,000 $498,000 Economic Studies (PD-D) Data Collection and Database Creation Without Project Damages With Project Damages NED Benefit - Cost Analyses Recreation Benefits Write-up ITR, Comment Responses, Support to Formulation Real Estate Studies (CESAJ-RE) Sub- T otal(Economics) Project Management (DP-C) $41,125 $17,600 $17,600 $8,800 $8,800 $7,040 $7,040 $8,800 $8,800 $35,200 $35,200 $17,600 $17,600 $24,640 $24,640 $25,000 $25,000 $144,680$144,680 $41,125 $82,250 Engineering (EN) Surveying and Mapping $131,920 $131,920 ~. ...", Hydrology and Hydraulics (EN-H) Cost Estimates (EN-C) Geotechnical Engineering (EN-G) Sub-total (Engineering) $149,240 $149,240 $30,000 $30,000 $475.000 $475.000 $606,920 $179,240 $786,160 Real Estate Studies (RE-A) $65,000 $65,000 Study Management (PD-PN) $50,000 $50,000 Plan Formulation and Evaluation (PD-PN) $80,000 $80,000 Report Preparation and Reproduction (PD-PN) $40,000 $40,000 Technical Review J20,000 J20,000 Sub-Total (rounded) $898,000 $898,000 $1,796,000 Study Contingency (10%)(rounded) TOTAL STUDY COST J89,800 J89,800 J179,600 $987,800 $987,800 $1,975,600 MAJOR WORK ITEMS STUDY COST COST SHARING FOR FEASIBILITY STUDY TOTAL STUDY COSTS $1,975,600 50% FEDERAL SHARE $987,800 $987,800 50% SPONSOR SHARE IN-KIND SERVICES ** CASH FUNDS ** TOTAL SPONSOR SHARE $987,800 ** 100% of the Sponsor share can be in cash or in-kind services 2 ~ ST. LUCIE COUNTY, FLORIDA HURRICANE AND STORM DAMAGE REDUCTION STUDY PROJECT MANAGEMENT PLAN ATTACHMENT D SECTION 905(b) REPORT ..."