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Home My WebLink AboutAgenda Packet 10-10-06 October 10, 2006 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: 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 6:00 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 6:00 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 TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS www.co.st-Iucie.fl.us Doug Coward, Chairman Chris Craft, Vice Chairman Joseph E. Smith Paula A. Lewis Frannie Hutchinson District No.2 District No.5 District No. 1 District No.3 District No.4 October 10, 2006 9:00 A.M. Invocation Pledge of Allegiance 11'1 ~(¡\ MINUTES \\ ~ Y (0 í)"'O Approve the minutes of the regular meeting held on October 3, 2006. t" 2. PROCLAMATIONS/PRESENTATIONS A. Presentation of the Florida American Planning Award of Excellence for the TVC. \ B. Resolution No. 06-318 - Proclaiming October 10, 2006 as "ACUPUNCTURE AND ORIENTAL O{"\\ÚO MEDICINE DAY" in St. Lucie County, Florida - Consider staff recommendation to adopt the f\"~'15" /0 attached Resolution No. 06-318 as drafted. C. Paul Hiott, Veterans Services Director will present the Government Challenge Trophies for the Big Brothers Big Sisters Bowl for Kids Sake 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA ~~ l1~ PUBLIC HEARINGS 5A. There are no public hearings scheduled for October 10, 2006. END OF PUBLIC HEARINGS tcrnrn. {Iall '* (?é/fyIlYJ.$/ù/M -h lJ1effu)¡!A /)oJ/; tJÍt~-3 e/ec...kc! tJ-I-hè¡::"!s Ie) /;/ fJ//fJ 6. ;J(J¡ STRATEGY AND SPCIAL PROJECT/ENVIRONMENTAL RESOURCES!l1Id Ikn 03j/{lr¡-.6úc/C fo If é' A/(I, 'y1()jl/C Review and consideration of staff options pertaining to the implementation of a CountywideJúæ) V , Transferable Development Rights (TOR) program - Staff is seeking direction from the Boardd/7 /cJj-2L1/t1ti. z,.:ed COUNTY ATTORNEY ¿Î,hJÎ liJ-_ 0 Resolution No. 06-272 - Sustainable Building Practices - Consider staff recommendation to approve t \ \ I) Resolution No. 06-272 and authorize the Chairman to sign the resolution. 8. lAd ADMINISTRATION ¡\¡)í)/C\' ~ Public Schools Advisory Committee - Consider staff recommendation to appoint a citizen member and rr?>./ ò County staff member to serve on the Public Schools ~dvisory Committee. ('uYnrn.(5I11,'1-/1 w' II refre'6e(\ I-t,f¡<..eÞì !);1emh-cY7 ð/-off /IAerhbu-- -!JelL/I'd kt IlLJ Regular Agenda October 10, 2006 Page Two 9. PURCHASING 1: Notice of Appeal - Bid Protests - SLC Bid No. 06-084 (Runway 9L-27R and Parallel Taxiway ¡Jºúý)J System: Earthwork) - Consider staff recommendation to uphold the Purchasing Director's \\~Q\\' ~ recommendation to rule Sitewerks, Inc. non-responsive. B. 1 Award of Bid No. 06-084 - Runway 9L-27R and Parallel Taxiway System - Consider staff / J.¿J} . recommendation to award Bid NO. 06-084 to the second low bidder, Dickerson Florida, Inc. for f\[)~ìll..../7 () the completion of the base bid and alternates 1, 2, and 4, resulting in a total award amount of r~ \' I)...... $5,323,348.00 and authorize the Chairman to sign the Contract as prepared by the County Attorney. 10. r~ ADMINISTRATION ~(\,v Special Needs Shelter - Accept the $1.8 million grant from the State of Florida, contract No. 07CP-5M- ~ ~ 66-10-01 to help in the construction of a new Special Needs Shelter - Consider staff recommendation ./ to accept the $1.8 million grant from the State of Florida and have the Chair sign the contract. 11.( (ii ADMINISTRATION 1X.~O{\J'\]Jelf New Emergency Operations Center - Accept the $6.0 million grant from the State of Florida, Contract r x\ No. 07CP-5M-10-66-01 to help in the construction of a new Emergency Operations Center - Consider r) staff recommendation to accept the $6.0 million grant from the State of Florida and have the Chairman sign the contract. 12.,~ ENVIRONMENTAL RESOURCES ~J\)\.Yl.-e- {\ Sandscrub LLC - Conservation Easement, Phase II - Consider staff recommendation to disapprove 1 \~ \0.....-u the Sandscrub LLC phase II Conservation Easement. 1:r. . COUNTY ATTORNEY :}e-(JD(y-Vì\fV"'oceanique Development Company, Inc. - Status report on Oceanique Condominiums 14. J¡ GROWTH MANAGEMENT ß.-rlf Petition of Aurelio and Maria Pereira for Major Site Plan approval of the project to be known as Noble ~~~./ D Oaks Estates for property located on the east side of South 25th Street, approximately 320 feet south of Midway Road - Draft Resolution No. 06-227 - Consider staff recommendation to approve Draft Resolution No. 06-227. 15. /, ~ROWTH MANAGEMENT Alí)tJ(WWpetition of Dickerson Florida, for a Major Site Plan approval for the project to be known as Dickerson ;ír[---r>\ Florida, Inc., Phase II for property located on the east side of North 25th Street approximately 1,000 feet J --U north of St. Lucie Boulevard in the IL (Industrial, Light) Zoning District - Draft Resolution No. 06-229 - Consider staff recommendation to approve Draft Resolution No. 06-229 granting Major Site Plan approval for the project to be known as Dickerson Florida, Inc., Phase II, subject to one limiting condition. CONSENT AGENDA 1. WARRANTS LIST Approval of Warrant List No. 53 and 1. 2. COUNTY ATTORNEY A. Request Permission to Advertise - Public Hearing - Petition to abandon a 12 foot Utility Easement in Lexington Square - Between Lots 16&17 - Consider staff recommendation to authorize staff to advertise a Public Hearing to be held on December 5, 2006 at 6:00 p.m. or as soon thereafter as possible. B. Request Permission to Advertise - Public Hearing - Exchange a portion of Gordy Road for property associated with the pending DRI application of Provences - Consider staff recommendation to authorize staff to advertise a Public Hearing to be held on December 5, 2006 at 6:00 p.m. or as soon thereafter as possible. C. Guettler Property Mine Surety Bond - Consider staff recommendation to accept the Surety Bond. D. Chuck's Seafood Restaurant, Inc. - First Amendment to April 21, 1998 Restatement of Lease Agreement - Consider staff recommendation to approve the proposed First Amendment to April 21, 1998 Restatement of Lease Agreement with Chuck's Seafood Restaurant, Inc. , and authorize the Chairman to sign the amendment. E. Subdivision Improvement Agreement - Avalon on the Beach - Consider staff recommendation to approve the Subdivision Improvement Agreement and authorize the Chairman to sign the Agreement. 3. PARKS & RECREATION A. Request for approval to serve alcohol at Indrio School House Facility/Park - Consider staff recommendation to approve Teamsters Local #769's request to serve alcohol at Indrio School House Facility/Park during its picnic on December 2, 2006. B. Fairwinds Golf Course Proposed Rate Increase - Consider staff recommendation to approve an increase of $1 to each 18 Hole Green Fee with Cart effective December 26, 2006 in order to successfully balance the budget. Based on the green fee rates survey attached (see Exhibit "A"), Fairwinds rate structure will remain competitive while providing the residents and guests of St. Lucie County with the highest level of customer service and championship golf course. C. South County Regional Stadium sponsorship cancellations - Consider staff recommendation to approve to void South County Regional Stadium sponsorship agreements COO-05-315, COO-10- 071, COO-12-187; and COO-12-188. 4. COMMUNITY SERVICES Approval to enter into contract with INTACT the long term recovery organization to fund positions for case management and coordination assistance for INTACT, to purchase a computer and office furniture for these positions, to hire staff, and to have the Chairman or designated representative sign necessary documents - Consider staff recommendation to approve the contract with INTACT to receive grant funds to provide coordination and case management services and to authorize the Chairman or designated representative to sign all necessary documents; to approve the purchase of a computer and office furniture for staff hired into these positions; and to hire staff to fill the approved positions. Consent Agenda October 10, 2006 Page Two 5. PUBLIC SAFETY A. Accept the State of Florida, Domestic Security Federally Funded Sub-grant Agreement No. 07- DS-3W-10-66-01 in the amount of $46,633.00. This agreement begins upon execution of the agreement by both parties and shall end February 28, 2007 - Consider staff recommendation to accept State of Florida Domestic Security Federally Funded Sub-grant Agreement No. 07-DS- 3W-10-66-01 in the amount of $46,633.00. B. Accept the State of Florida, Domestic Security Federally Funded Sub-grant Agreement No. 07DS-5N-10-66-01 in the amount of $41,944.00. 6. PUBLIC WORKS A. Engineering Division - Contract extension (Master Contract No. C03-10-686), First Amendment to Work Authorization No. 25, for Engineering & Testing Services - Consider staff recommendation to approve the First Amendment to Work Authorization No. 25 with Dunkleberger Testing & Engineering and authorize the Chairman to sign. B. Engineering Division - Work Authorization No.1, Work Authorization No.2, and Work Authorization No. 3 to the Contract for Professional Engineering Services related to Construction Management with Stanley Consultants, Inc., - Consider staff recommendation to approve Work Authorization No.1, Work Authorization No.2, and Work Authorization NO.3 to the Contract for Professional Engineering Services related to Construction Management with Stanley Consultants, Inc., for overseeing the construction of the Kings Highway Canal Culvert replacements in the amount of $38,612.43 for Work Authorization No.1, $26,520.37 for Work Authorization No.2, and $36,641.84 for Work Authorization NO.3. C. Engineering Division - To accept the project; release retainage in the amount of $40,132.66 and make Final Payment in the amount of $52,151.70 to Ranger Construction Industries, Inc. for the construction of the Weatherbee Road & U.S. Intersection Improvements project - Consider staff recommendation to accept the project; release retainage in the amount of $40,132.66 and make Final Payment in the amount of $52,151.70. D. Engineering Division - Professional Engineering Services Stormwater Management - Work Authorization No.2 with Creech Engineers, Inc. for Paradise Park Subdivision Stormwater Improvements Phase III - Consider staff recommendation to Work Authorization NO.2 with Creech Engineers, Inc. in the amount of $183,400.00 for Paradise Park Subdivision Stormwater Improvements Phase III, and authorize the Chairman to sign. 7. PURCHASING A. Award of RFP No. 06-090 - Actuary Services for other Post-employment Benefits - Consider staff recommendation to approve to negotiate with the top three ranked firms: 1) Buck Consultants, LLC, 2) Milliman, Inc., and 3) RSM McGladrey, and authorize the Chairman to sign the contract as prepared by the County Attorney. B. Reject Bid for IFB No. 05-050 - White City Pedestrian Bridge - Consider staff recommendation to reject the sole submittal received for Bid 05-050, because it exceeded the project budget. C. Award of Bid No. 06-112 - Enhanced Swale Maintenance - Consider staff recommendation to award Bid No. 06-112 to the low bidder, Tarheel Specialities, Inc., for the pricing listed on the attached tabulation form, and permission for the Chairman to sign the contract as prepared by the County Attorney. D. Award of RFP No. 06-024 - Disaster Debris Monitoring Management and Consulting Services- Consider staff recommendation to award RFP No. 06-024 to Solid Resources as the primary contractor, with Beck Disaster Recovery and Patton Harris Rust & Associates as additional contractors, and permission for the Chairman to sign the necessary contracts as prepared by the County Attorney. E. Permission to Advertise for Bids (IFB) for Exotic Tree Eradication - Consider staff recommendation to grant permission to advertise an Invitation for Bids (IFB) for Exotic Tree Eradication. Consent Agenda October 10, 2006 Page Three 8. GROWTH MANAGEMENT Approval of two grant requests for the Treasure Coast Sports Commission (TCSC) for the 2006-2007 year. The grant dollars will be used for operational and bid expenses to draw sporting events to the County - Consider staff recommendation to approve the proposed grants for the TCSC and authorize the Chairman to sign the agreement as prepared by the County Attorney's office. 9. MANAGEMENT AND BUDGET Adopt Budget Resolution No. 06-319 to accept donation from South Florida Water Management District for the Well Monitoring Network Grant for Soil and Water - Consider staff recommendation to adopt Budget Resolution No. 06-319 to accept the donation in the amount of $11 ,250 from the South Florida Water Management District. 10. GRANTS Staff recommends the Board authorize submittal of a grant application the County is preparing as a "prospective purchaser" of a portion of the City of Fort Pierce Public Works Compound. The Treasure Coast Regional Planning Council, Treasure Coast Brownfields Program, Sustainable Reuse funds would be used for brownfield assessment of a 15-acre portion of the Compound. 11. INVESTMENT FOR THE FUTURE Bid Waiver/Sole Source Providers Hydropro and Jacobs and Acceptance of Bid from Walsh Environmental Services - Consider staff recommendation to waive the bid process, accept Hydropro ($45,400) and Jacobs ($39,900) as sole source providers for the equipment purchase and accept Walsh Environmental Services' bid in the amount of $308,000. Total project cost is $393,300. Approve the contract as drafted by the County Attorney and authorize the Chairman to sign. 12. ADMINISTRATION A. Commissioner/County Administrator Travel - Consider staff recommendation to grant authorization for in or out-of-state travel for the County Administrator and any member of the Board during the FY06-07 fiscal year. B. Treasure Coast Regional Planning Council Comprehensive Economic Development Strategy (CEDS) Committee - Consider staff recommendation to ratify the Commission appointees of the Treasure Coast Regional Planning Council Comprehensive Economic Development Strategy (CEDS) Committee retro to January 1, 2006. 13. INFORMATION TECHNOLOGY Request board approval for the purchase of installation and maintenance agreement with Bellsouth for Metro-E (Ethernet) service to the St. Lucie County Airport - Consider staff recommendation to approve the request to purchase the installation and sign the maintenance agreement for $9,954.40. 14. ENVIRONMENTAL RESOURCES Staff requests approval of the First Amendment to Agreement C06-05-362 with Glatting Jackson Kercher Anglin Lopez and Rinehart for the preparation of a Bicycle/Pedestrian Greenways and Trails Master Plan and authorize the chair to sign the Agreement as prepared by the County Attorney's Office. The purpose of the amendment is to allow for billing on an approximate monthly basis instead of a lump sum - Consider staff recommendation to approve the First Amendment to Agreement C06-05-362 with Glatting Jackson Kercher Anglin Lopez and Rinehart for the preparation of a Bicycle/Pedestrian Greenways and Trails Master Plan and authorize the chair to sign the Agreement as prepared by the County Attorney's Office. ANNOUNCEMENTS October 10, 2006 Meetinq Chanqes: · The November 7, 2006 Board of County Commissioners Meeting has been canceled due to the election. · November 21, 2006 Board of County Commissioners Reorganization meeting will be at 9:00 a.m. · There will be no Board of County Commissioners meeting on Tuesday, December 26,2006 due to the County's observance of the Holiday. 1. The Board of County Commissioners will hold an Art In Public Places Sculpture Dedication on October 13, 2006, at 10:00 AM at the Heathcote Botanical Gardens. 2. The St. Lucie County Master Gardeners' will hold their 23rd Annual Plant Sale on Saturday, October 14, 2006 from 8:00 a.m. - 2:00 p.m., and on October 15, 2006 from 9:00 a.m. - 2:00 p.m. 3. The Board of County Commissioners will hold an Art in Public Places Sculpture Dedication on October 17,2006, at 10:00 a.m. at the Walton Road Annex. 4. The Board of County Commissioners will hold a Ribbon Cutting Ceremony on Thursday, October 19, 2006 at 2:00 p.m. at the Weldon B. Lewis Park. 5. The Board of County Commissioners will hold an Economic Development Workshop on Tuesday, October 24,2006 at 2:00 p.m. in the County Commissioners Chambers. 6. The Board of County Commissioner will hold a special meeting on Tuesday, October 24,2006 at 6:00 a.m. in the County Commission Chambers. 7. The St. Lucie Cooperative Extension will hold a Spread the Shade Plant a Tree, Tree Give-A-Way on October 28,2006 from 8:00 a.m. until Noon at 1664 S.E. Walton Road in Port St. Lucie. 8. Aviation Day will be on Saturday, November 4, 2006 from 10:00 a.m. to 3:00 p.m. at the St. Lucie County International Airport. 9. The annual Navy UDT -SEAL Muster will be held on Saturday, November 11, 2006 at 11 :00 a.m. at the UDT-SEAL Museum located on A1A, North Hutchinson Island, Ft. Pierce. 10. The St. Lucie County Veterans Services office located at 250 NW Country Club Drive in the South County Courthouse Bldg. (St. Lucie West) has moved to a new location. New office location: Walton Road County Annex Bldg 1664 SE Walton Rd Port St Lucie, FL 34952 (half mile east of US Hwy 1) Hours of operation -Monday, Tuesday, Thursday and Friday 8:30 am - 4:40 pm -Wednesday's 8:30 am to 3:00 pm 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 TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. St. Lucie County Mosquito Control District www.co.st-Iucie.tl..us Joseph E. Smith, Chairman Paula A. Lewis, Vice Chairman Doug Coward Frannie Hutchinson Chris Craft District No.1 District No.3 District No.2 District No.4 District No. 5 AGENDA October 10. 2006 1. MINUTES Approve the minutes from the meeting held on September 26, 2006. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LIST Approve Warrants List No. 52, 53 and 1. 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 TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. · . St. Lucie County Erosion District www.co.st-Iucie.n.ns Frannie Hutchinson, Chairman Doug Coward, Vice Chairman Joseph Smith Paula A. Lewis Chris Craft District No.4 District No.2 District No.1 District No.3 District No.5 AGENDA October 10. 2006 1. MINUTES Approve the minutes from the meeting held on September 26, 2006. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LIST Approve Warrants List No. 52, 53 and 1. 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 TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. October 10, 2006 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: 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 6:00 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 6:00 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 TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS www.co.st-Iucie.fl.us Doug Coward, Chairman Chris Craft, Vice Chairman Joseph E. Smith Paula A. Lewis Frannie Hutchinson District No.2 District No.5 District No.1 District No.3 District No.4 October 10, 2006 9:00 A.M. Invocation Pledge of Allegiance 1. MINUTES Approve the minutes of the regular meeting held on October 3,2006. 2. PROCLAMATIONS/PRESENTATIONS A. Presentation of the Florida American Planning Award of Excellence for the TVC. B. Resolution No. 06-318 - Proclaiming October 10, 2006 as "ACUPUNCTURE AND ORIENTAL MEDICINE DAY" in St. Lucie County, Florida - Consider staff recommendation to adopt the attached Resolution No. 06-318 as drafted. C. Paul Hiott, Veterans Services Director will present the Government Challenge Trophies for the Big Brothers Big Sisters Bowl for Kids Sake 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARINGS 5A. There are no public hearings scheduled for October 10, 2006. END OF PUBLIC HEARINGS 6. STRATEGY AND SPCIAL PROJECT/ENVIRONMENTAL RESOURCES Review and consideration of staff options pertaining to the implementation of a Countywide Transferable Development Rights (TDR) program - Staff is seeking direction from the Board. 7. COUNTY ATTORNEY Resolution No. 06-272 - Sustainable Building Practices - Consider staff recommendation to approve Resolution No. 06-272 and authorize the Chairman to sign the resolution. 8. ADMINISTRATION Public Schools Advisory Committee - Consider staff recommendation to appoint a citizen member and County staff member to serve on the Public Schools Advisory Committee. Regular Agenda October 10, 2006 Page Two 9. PURCHASING A. Notice of Appeal - Bid Protests - SLC Bid No. 06-084 (Runway 9L-27R and Parallel Taxiway System: Earthwork) - Consider staff recommendation to uphold the Purchasing Director's recommendation to rule Sitewerks, Inc. non-responsive. B. Award of Bid No. 06-084 - Runway 9L-27R and Parallel Taxiway System - Consider staff recommendation to award Bid NO. 06-084 to the second low bidder, Dickerson Florida, Inc. for the completion of the base bid and alternates 1, 2, and 4, resulting in a total award amount of $5,323,348.00 and authorize the Chairman to sign the Contract as prepared by the County Attorney. 10. ADMINISTRATION Special Needs Shelter - Accept the $1.8 million grant from the State of Florida, contract No. 07CP-5M- 66-10-01 to help in the construction of a new Special Needs Shelter - Consider staff recommendation to accept the $1.8 million grant from the State of Florida and have the Chair sign the contract. 11. ADMINISTRATION New Emergency Operations Center - Accept the $6.0 million grant from the State of Florida, Contract No. 07CP-5M-10-66-01 to help in the construction of a new Emergency Operations Center - Consider staff recommendation to accept the $6.0 million grant from the State of Florida and have the Chairman sign the contract. 12. ENVIRONMENTAL RESOURCES Sandscrub LLC - Conservation Easement, Phase II - Consider staff recommendation to disapprove the Sandscrub LLC phase II Conservation Easement. 13. COUNTY ATTORNEY Oceanique Development Company, Inc. - Status report on Oceanique Condominiums 14. GROWTH MANAGEMENT Petition of Aurelio and Maria Pereira for Major Site Plan approval of the project to be known as Noble Oaks Estates for property located on the east side of South 25th Street, approximately 320 feet south of Midway Road - Draft Resolution No. 06-227 - Consider staff recommendation to approve Draft Resolution No. 06-227. 15. GROWTH MANAGEMENT Petition of Dickerson Florida, for a Major Site Plan approval for the project to be known as Dickerson Florida, Inc., Phase II for property located on the east side of North 25th Street approximately 1,000 feet north of St. Lucie Boulevard in the IL (Industrial, Light) Zoning District - Draft Resolution No. 06-229 - Consider staff recommendation to approve Draft Resolution No. 06-229 granting Major Site Plan approval for the project to be known as Dickerson Florida, Inc., Phase II, subject to one limiting condition. CONSENT AGENDA 1. WARRANTS LIST Approval of Warrant List No. 53 and 1. 2. COUNTY ATTORNEY A. Request Permission to Advertise - Public Hearing - Petition to abandon a 12 foot Utility Easement in Lexington Square - Between Lots 16&17 - Consider staff recommendation to authorize staff to advertise a Public Hearing to be held on December 5,2006 at 6:00 p.m. or as soon thereafter as possible. B. Request Permission to Advertise - Public Hearing - Exchange a portion of Gordy Road for property associated with the pending DRI application of Provences - Consider staff recommendation to authorize staff to advertise a Public Hearing to be held on December 5, 2006 at 6:00 p.m. or as soon thereafter as possible. C. Guettler Property Mine Surety Bond - Consider staff recommendation to accept the Surety Bond. D. Chuck's Seafood Restaurant, Inc. - First Amendment to April 21, 1998 Restatement of Lease Agreement - Consider staff recommendation to approve the proposed First Amendment to April 21, 1998 Restatement of Lease Agreement with Chuck's Seafood Restaurant, Inc., and authorize the Chairman to sign the amendment. E. Subdivision Improvement Agreement - Avalon on the Beach - Consider staff recommendation to approve the Subdivision Improvement Agreement and authorize the Chairman to sign the Agreement. 3. PARKS & RECREATION A. Request for approval to serve alcohol at Indrio School House Facility/Park - Consider staff recommendation to approve Teamsters Local #769's request to serve alcohol at Indrio School House Facility/Park during its picnic on December 2, 2006. B. Fairwinds Golf Course Proposed Rate Increase - Consider staff recommendation to approve an increase of $1 to each 18 Hole Green Fee with Cart effective December 26, 2006 in order to successfully balance the budget. Based on the green fee rates survey attached (see Exhibit "An), Fairwinds rate structure will remain competitive while providing the residents and guests of St. Lucie County with the highest level of customer service and championship golf course. C. South County Regional Stadium sponsorship cancellations - Consider staff recommendation to approve to void South County Regional Stadium sponsorship agreements COO-05-315, COO-10- 071, COO-12-187; and COO-12-188. 4. COMMUNITY SERVICES Approval to enter into contract with INTACT the long term recovery organization to fund positions for case management and coordination assistance for INTACT, to purchase a computer and office furniture for these positions, to hire staff, and to have the Chairman or designated representative sign necessary documents - Consider staff recommendation to approve the contract with INTACT to receive grant funds to provide coordination and case management services and to authorize the Chairman or designated representative to sign all necessary documents; to approve the purchase of a computer and office furniture for staff hired into these positions; and to hire staff to fill the approved positions. Consent Agenda October 10, 2006 Page Two 5. PUBLIC SAFETY A. Accept the State of Florida, Domestic Security Federally Funded Sub-grant Agreement No. 07- DS-3W-10-66-01 in the amount of $46,633.00. This agreement begins upon execution of the agreement by both parties and shall end February 28,2007 - Consider staff recommendation to accept State of Florida Domestic Security Federally Funded Sub-grant Agreement No. 07 -DS- 3W-10-66-01 in the amount of $46,633.00. B. Accept the State of Florida, Domestic Security Federally Funded Sub-grant Agreement No. 07DS-5N-10-66-01 in the amount of $41,944.00. 6. PUBLIC WORKS A. Engineering Division - Contract extension (Master Contract No. C03-10-686), First Amendment to Work Authorization No. 25, for Engineering & Testing Services - Consider staff recommendation to approve the First Amendment to Work Authorization No. 25 with Dunkleberger Testing & Engineering and authorize the Chairman to sign. B. Engineering Division - Work Authorization No.1, Work Authorization No.2, and Work Authorization No. 3 to the Contract for Professional Engineering Services related to Construction Management with Stanley Consultants, Inc., - Consider staff recommendation to approve Work Authorization No.1, Work Authorization No.2, and Work Authorization NO.3 to the Contract for Professional Engineering Services related to Construction Management with Stanley Consultants, Inc., for overseeing the construction of the Kings Highway Canal Culvert replacements in the amount of $38,612.43 for Work Authorization No.1, $26,520.37 for Work Authorization No.2, and $36,641.84 for Work Authorization No.3. C. Engineering Division - To accept the project; release retainage in the amount of $40,132.66 and make Final Payment in the amount of $52,151.70 to Ranger Construction Industries, Inc. for the construction of the Weatherbee Road & U.S. Intersection Improvements project - Consider staff recommendation to accept the project; release retainage in the amount of $40,132.66 and make Final Payment in the amount of $52,151.70. D. Engineering Division - Professional Engineering Services Stormwater Management - Work Authorization NO.2 with Creech Engineers, Inc. for Paradise Park Subdivision Stormwater Improvements Phase III - Consider staff recommendation to Work Authorization No.2 with Creech Engineers, Inc. in the amount of $183,400.00 for Paradise Park Subdivision Stormwater Improvements Phase III, and authorize the Chairman to sign. 7. PURCHASING A. Award of RFP No. 06-090 - Actuary Services for other Post-employment Benefits - Consider staff recommendation to approve to negotiate with the top three ranked firms: 1) Buck Consultants, LLC, 2) Milliman, Inc., and 3) RSM McGladrey, and authorize the Chairman to sign the contract as prepared by the County Attorney. B. Reject Bid for IFB No. 05-050 - White City Pedestrian Bridge - Consider staff recommendation to reject the sole submittal received for Bid 05-050, because it exceeded the project budget. C. Award of Bid No. 06-112 - Enhanced Swale Maintenance - Consider staff recommendation to award Bid No. 06-112 to the low bidder, Tarheel Specialities, Inc., for the pricing listed on the attached tabulation form, and permission for the Chairman to sign the contract as prepared by the County Attorney. D. Award of RFP No. 06-024 - Disaster Debris Monitoring Management and Consulting Services - Consider staff recommendation to award RFP No. 06-024 to Solid Resources as the primary contractor, with Beck Disaster Recovery and Patton Harris Rust & Associates as additional contractors, and permission for the Chairman to sign the necessary contracts as prepared by the County Attorney. E. Permission to Advertise for Bids (IFB) for Exotic Tree Eradication - Consider staff recommendation to grant permission to advertise an Invitation for Bids (IFB) for Exotic Tree Eradication. Consent Agenda October 10, 2006 Page Three 8. GROWTH MANAGEMENT Approval of two grant requests for the Treasure Coast Sports Commission (TCSC) for the 2006-2007 year. The grant dollars will be used for operational and bid expenses to draw sporting events to the County - Consider staff recommendation to approve the proposed grants for the TCSC and authorize the Chairman to sign the agreement as prepared by the County Attorney's office. 9. MANAGEMENT AND BUDGET Adopt Budget Resolution No. 06-319 to accept donation from South Florida Water Management District for the Well Monitoring Network Grant for Soil and Water - Consider staff recommendation to adopt Budget Resolution No. 06-319 to accept the donation in the amount of $11,250 from the South Florida Water Management District. 10. GRANTS Staff recommends the Board authorize submittal of a grant application the County is preparing as a "prospective purchaser" of a portion of the City of Fort Pierce Public Works Compound. The Treasure Coast Regional Planning Council, Treasure Coast Brownfields Program, Sustainable Reuse funds would be used for brownfield assessment of a 15-acre portion of the Compound. 11. INVESTMENT FOR THE FUTURE Bid Waiver/Sole Source Providers Hydropro and Jacobs and Acceptance of Bid from Walsh Environmental Services - Consider staff recommendation to waive the bid process, accept Hydropro ($45,400) and Jacobs ($39,900) as sole source providers for the equipment purchase and accept Walsh Environmental Services' bid in the amount of $308,000. Total project cost is $393,300. Approve the contract as drafted by the County Attorney and authorize the Chairman to sign. 12. ADMINISTRATION A. Commissioner/County Administrator Travel - Consider staff recommendation to grant authorization for in or out-of-state travel for the County Administrator and any member of the Board during the FY06-07 fiscal year. B. Treasure Coast Regional Planning Council Comprehensive Economic Development Strategy (CEDS) Committee - Consider staff recommendation to ratify the Commission appointees of the Treasure Coast Regional Planning Council Comprehensive Economic Development Strategy (CEDS) Committee retro to January 1, 2006. 13. INFORMATION TECHNOLOGY Request board approval for the purchase of installation and maintenance agreement with Bellsouth for Metro-E (Ethernet) service to the St. Lucie County Airport - Consider staff recommendation to approve the request to purchase the installation and sign the maintenance agreement for $9,954.40. 14. ENVIRONMENTAL RESOURCES Staff requests approval of the First Amendment to Agreement C06-05-362 with Glatting Jackson Kercher Anglin Lopez and Rinehart for the preparation of a Bicycle/Pedestrian Greenways and Trails Master Plan and authorize the chair to sign the Agreement as prepared by the County Attorney's Office. The purpose of the amendment is to allow for billing on an approximate monthly basis instead of a lump sum - Consider staff recommendation to approve the First Amendment to Agreement C06-05-362 with Glatting Jackson Kercher Anglin Lopez and Rinehart for the preparation of a Bicycle/Pedestrian Greenways and Trails Master Plan and authorize the chair to sign the Agreement as prepared by the County Attorney's Office. ANNOUNCEMENTS October 10, 2006 MeetinQ ChanQes: · The November 7, 2006 Board of County Commissioners Meeting has been canceled due to the election. · November 21, 2006 Board of County Commissioners Reorganization meeting will be at 9:00 a.m. · There will be no Board of County Commissioners meeting on Tuesday, December 26,2006 due to the County's observance of the Holiday. 1. The Board of County Commissioners will hold an Art In Public Places Sculpture Dedication on October 13, 2006, at 10:00 AM at the Heathcote Botanical Gardens. 2. The St. Lucie County Master Gardeners' will hold their 23rd Annual Plant Sale on Saturday, October 14, 2006 from 8:00 a.m. - 2:00 p.m., and on October 15,2006 from 9:00 a.m. - 2:00 p.m. 3. The Board of County Commissioners will hold an Art in Public Places Sculpture Dedication on October 17,2006, at 10:00 a.m. at the Walton Road Annex. 4. The Board of County Commissioners will hold a Ribbon Cutting Ceremony on Thursday, October 19, 2006 at 2:00 p.m. at the Weldon B. Lewis Park. 5. The Board of County Commissioners will hold an Economic Development Workshop on Tuesday, October 24, 2006 at 2:00 p.m. in the County Commissioners Chambers. 6. The Board of County Commissioner will hold a special meeting on Tuesday, October 24, 2006 at 6:00 a.m. in the County Commission Chambers. 7. The St. Lucie Cooperative Extension will hold a Spread the Shade Plant a Tree, Tree Give-A-Way on October 28,2006 from 8:00 a.m. until Noon at 1664 S.E. Walton Road in Port St. Lucie. 8. Aviation Day will be on Saturday, November 4, 2006 from 10:00 a.m. to 3:00 p.m. at the St. Lucie County International Airport. 9. The annual Navy UDT-SEAL Muster will be held on Saturday, November 11, 2006 at 11 :00 a.m. at the UDT-SEAL Museum located on A1A, North Hutchinson Island, Ft. Pierce. 10. The St. Lucie County Veterans Services office located at 250 NW Country Club Drive in the South County Courthouse Bldg. (St. Lucie West) has moved to a new location. New office location: Walton Road County Annex Bldg 1664 SE Walton Rd Port St Lucie, FL 34952 (half mile east of US Hwy 1) Hours of oJJeration -Monday, Tuesday, Thursday and Friday 8:30 am - 4:40 pm -Wednesday's 8:30 am to 3:00 pm 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. st. Lucie County Mosquito Control District www.co.st-Iucie.fl.us Joseph E. Smith, Chairman Paula A. Lewis, Vice Chairman Doug Coward Frannie Hutchinson Chris Craft District No.1 District No.3 District No.2 District No.4 District No.5 AGENDA October 10,2006 1. MINUTES Approve the minutes from the meeting held on September 26, 2006. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LIST Approve Warrants List No. 52, 53 and 1. 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. st. Lucie County Erosion District www.co.st-lucie.fl.us Frannie Hutchinson, Chairman Doug Coward, Vice Chairman Joseph Smith Paula A. Lewis Chris Craft District No.4 District No.2 District No.1 District No.3 District No.5 AGENDA October 10, 2006 1. MINUTES Approve the minutes from the meeting held on September 26, 2006. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA 1. WARRANTS LIST Approve Warrants List No. 52, 53 and 1. 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 TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: October 3, 2006 Convened: 6:00 p.m. Adjourned: 10:05 p.m. Commissioners Present: Chairman, Doug Coward, Chris Craft, Paula A. Lewis, Frannie Hutchinson, Joseph Smith Others Present: Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Beth Ryder, Community Services Director, Robert Nix, Growth Management Director, Vanessa Bassey, Environmental Resources Director, Hank Flores, Planning Manager, JoAnne Riley, Property Acquisitions Manager, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Lewis, seconded by Com. Craft, to approve the minutes of the meeting held September 19,2006 and September 26,2006, and; upon roll call, motion carried unanimously. 2. PROCLAMA TIONS/PRESENT A TIONS None 3. GENERAL PUBLIC COMMENTS Mr. Richard Allison, 919 Jackson Way, addressed the Board and gave his thanks for the prompt attention given in removing signs from his area. Ms. Pamela Hammer, Reserve resident addressed the Board regarding item C-8 and asked the Board not to schedule the public hearings during the holidays. Mr. Harold Phillips, Port St. Lucie resident, addressed the Board regarding the legal advertisement of the public hearing. He stated the notice of public meeting did not give a time or location for the meeting. Mr. John Arena, Ft. Pierce, addressed the Board regarding the barges anchoring in the turning basin longer than anticipated. He also addressed the Geo Plasma facility and what would be done with the waste. Mr. Jeff Furst, Property Appraiser, addressed the Board regarding prior comments made by Mr. Charles Grande regarding the hurricane relief and property taxes. 4. CONSENT AGENDA (0:25:12) It was moved by Com. Craft, seconded by Com. Hutchinson, to approve the Consent Agenda with item C-8 being pulled, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 52. 2. COUNTY ATTORNEY A. Donation- SFWMD- Surplus Parcels in Paradise Park Subdivision- The Board approved accepting the Quitclaim Deed, authorized the 1 09/29/06 FZABWARR FUND 001 001172 001174 001177 001179 001299 001310 001404 001412 001814 101 101001 101002 101003 101004 102 102001 105 107 107001 107002 107006 111 112 i16 117 119 120 122 123 126 127 128 129 129310 130204 136 138 139 140 140001 140316 150 160 183 183004 ST. LUCIE COUNTY - BOARD WARRANT LIST #52- 23-SEP-2006 TO 29-SEP-2006 FUND SUMMARY TITLE General Fund CDBG Grant FY 05 FHFC Disaster Reli~"Grant Section 112/MPO/F~A/Planning 2006 CSBG FY 06 FDCA Emergency Mgmt Prep & Assistan Dep Innovative Recyclin/Waste Redu 05 CSBG Sup Diaster Recovery CTD Medicaid Non-Emrg Grant FY 07 Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fu~d Fine & Forfeiture Fund' Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund-Court Related Technology River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sun1and Gardens Fund Sunrise Park Fund Holiday Pines Fund The Grove Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund FRDAP Grant-Lawnwood Recreation Com FDOT - Intermodal Facility Grant Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Port & Airport Fund Port Fund Purchase Fire Protection Equ. FDOT Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.-Teen Court EXPENSES 592,119.99 450.00 367.25 13,518.58 1,759.95 1,527.71 1,989.08 246.09 52,537.00 446.21 8,685.23 43,062.16 159,760.25 93,241.75 29,683.85 44,772.95 13,589.04 371.13 256,154.99 3,006.70 440.80 10,015.61 2,782.84 590.95 233.02 507.91 568.21 141. 44 885.56 175.80 1,015.34 297.00 121.81 368.70 494.94 707,503.50 49,436.10 25,787.10 1,452.28 120.32 741. 53 20,026.98 8,505.26 26,492.73 407.56 1,976.89 936.24 939.35 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 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 1 09/~9/06 FZABWARR FUND 183006 185005 185007 185008 204 310002 315 316 316001 316301 39007 39010 401 418 451 458 461 471 478 479 491 505 611 615 r ( ST. LUCIE COUNTY - BOARD WARRANT LIST #52- 23-SEP-2006 TO 29-SEP-2006 FUND SUMMARY TITLE Guardian Ad Litem Fund FHFA SHIP FY04/05 FHFA SHIP FY06/07 FHFA Hurricane Housing Recovery Communication System I&S Fund Impact Fees-Parks County Building Fund County Capital Transportation Capital FDOT Intermodal Improvements Indian River Estates MSBU Greenacres MSBU Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund Tax Deed Overbid Agency Fund GRAND TOTAL: EXPENSES 15.43 45,000.00 185.52 71,952.86 124,475.00 864.51 11,287.00 78,240.55 18,672.89 815.36 15,952.00 64,775.18 160,484.02 9,148.33 27,448.69 25,275.93 24,070.36 56,796.41 7 , 97 0 . 2 9, 20,803.18 17,395.37 696,432.36 772.72 354,759.14 21,643.44 4,035,492.22 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00· 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5,047.34 0.00 0.00 0.00 5,047.34 2 Chainnan to sign Resolution No. 06-292 and directed staff to record the Resolution in the Public Records of St. Lucie County, Florida. B. Contract for Sale and Purchase- Paradise Park Stonnwater Improvement- Sybil McCatty and Franklyn Rowe- The Board approved the Contract for Sale and Purchase from Ms. ~cCatty and Mr. Rowe for the purchase price of $35,000 and authorIzed the Chainnan to sign the contract and directed staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. C. Donation of Right of Way- Strawberry Fields- 10 feet on Tumblin King Road- Resolution No. 06-317- The Board approved accepting the Warrant Deed, authorized the Chainnan to sign Resolution 06-317 and directed staff to record the document sin the Public Records of St. Lucie county, Florida. D. Revocable License Agreement- Mr. Clifton Perry- Clear and maintain a portion of Alvardo A venue- The Board approved the Revocable License Agreement authorized the Chainnan to sign the Revocable License Agreement and directed staff to record the document in the Public Records of St. Lucie County. 3. MANAGEMENT AND BUDGET A. Request approval of advance- The Board approved the Tax Collector's request for an advance in the amount of $275,000. B. Request for approval of FY 07 Budget disbursement to the Supervisor of Elections- The Board approved the request of the Supervisor of Elections for 25% ($720,688.25) of the total FY 07 budget and thereafter, 6.82% per month. 4. CENTRAL SERVICES Emergency Bid Waiver for the removal, repair and replacement of existing granite façade panels on the exterior of the downtown Courthouse Annex Building- The Board approved the Emergency Waiver for the removal, repair and replacement of existing granite façade panels on the exterior of the downtown Courthouse Annex building at a cost not to exceed $303,857.00 the Board approved Budget Amendment No. BA 07-001 in the amount of $31 0,000 for Courthouse façade repair and engineering costs associated with this work, and authorized the Chainnan to sign the contract as prepared by the County Attorney. 5. ENVIRONMENTAL RESOURCES Agreement with RTP Environmental Associates, Inc.- The Board approved the agreement with RTP Environmental Associates, Inc., in an amount not to exceed $12,150. to provide Air Quality Specialist Services to review documents pertaining to a Plasma Arc Facility in St. Lucie County and to authorize the Chainnan to sign the agreement as prepared by the County Attorney's office. 6. COMMUNITY SERVICES A. Outside Agency Grant Contracts FY 2006-07- The Board approved the grant agreements and authorized the Chainnan to sign the agreements. B. Release of retainage with Angus Enterprises- The Board approved the release of retainage for Contract No. C 06-05-283 with Angus Enterprises and authorized the Chainnan to sign necessary documents. 2 7. PURCHASING Reject RFP No. 06-092- Engineering Services- The Board re~ected RFP No. 06-092 for Geotechnical Engineering and ConstructIOn Materials testing due to the release of an addendum that clarified evaluation criteria and should have included extending the RFP due date but did not. The Board authorized re-advertising the RFP. A. B. Award of Bid No. 06-111 Courier Services for the 19th District Court System- The Board approved awarding Bid No. 06-111 to the low bidder, Interstate Express, Inc., for the amount of$19,976.50 yearly and authorized the Chairman to sign the contract as prepared by the County Attorney. 8. GROWTH MANAGEMENT Request for two Public Hearings by the St. Lucie Board of County Commissioners on the Development of Regional Impact known as Visions at Indrio as required by Florida Statute 280.06. THIS ITEM WAS PULLED. 9. PUBLIC WORKS A. Change Order No.1 in the amount of $4,354.00 - The Board approved and authorized the Chair to sign Change Order No.1 in the amount of $4,354 for a total contract price of $405,529.60 to Sunshine Land Design, Inc., for the upgrade to the irrigation pumping system at the Entrada Avenue and Rio Mar Drive Landscaping project. B. Rejection of RFP No. 06-133- Continuing Services Contract for Utility Design Services for MSBU Projects- The Board approved rejecting RFP No.06-133 due to issues relating to Florida Statute 287.055 and granted permission to re-advertise the RFP. C. Request approval of Change Order No.2 for the Prima Vista Blvd.. Baffle Box project- The Board approved and authorized the Chairman signing Change Order No.2 for the Prima Vista Blvd., Baffle Box project for an extension of the contract time to November 30,2006. REGULAR AGENDA 5.A COUNTY ATTORNEY (0:25:33) Petition for Abandonment- Public Hearing Continued from September 19,2006- Consider staff recommendation to deny the abandonment of Alvardo A venue, authorize the Chairman to execute Resolution No. 06-269 and record the Resolution in the Public Records of St. Lucie County. Mr. Steve Tierney, Attorney for the petitioner, addressed the Board on this issue and stated this roadway has never been improved in 80 years since it's dedication. The county has never maintained this road and felt it was not legal to own property without maintaining it. Mr. Clifton Perry, North Carolina resident, petitioner, addressed the Board and stated he did not have a problem with the county not providing improvements, however, he is not happy about providing improvements for public use. He does not see why he should have to pay to improve a public right of way. Mr. Tierney stated the applicant would like to build a home on the property. He stated the county has accepted the dedication and should maintain it. 3 The County Attorney stated that typically on a plat dedication the fee simple ownership is not conveyed that the public simply has an easement to use the property for right of way purposes or what ever the dedication allows. The way it is worked in St. Lucie County, is even though the plat may be dedicated we do not normally accept the road into the maintenance system of the county unless the road is built to county standards. It was moved by Com. Craft, seconded by Com. Smith, to approve staff recommendation, and; upon roll call, motion carried unanimously. 5.B COUNTY ATTORNEY (0:45:49) Ordinance No. 06-044- Amending Ordinance No. 87-57 - Consider staff recommendation to adopt Ordinance No. 06-044 as drafted. The County Attorney advised the Board of the following changes: 1) add the word "excluding" after the weight limit of 6,000 lbs. 2) strike the word "Way" after Coral and placed Street It was moved by Com. Smith, seconded by Com. Craft, to adopt draft Ordinance No. 06- 044 to include the changes as stated by the County Attorney, and; upon roll call, motion carried unanimously. 5.C GROWTH MANAGEMENT (0:46:43) Petition of Paul Broome for a 12 month extension of the approved Final Development Site plan known as Entrada, Draft Resolution No. 06-238- Consider staff recommendation to approve Resolution No. 06-238 which would grant a 12 month extension to the approve project. It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve Resolution No. 06-238, and; upon roll call, motion carried unanimously. 5.D GROWTH MANAGEMENT (0:48: 18) Consider the Petition of Arthur Schoen to define a Class "A" Mobile Home as a detached single-family dwelling unit to be placed on land located on the southeast comer of the intersection of Eden Road and DeLeon Avenue in Lakewood Park Subdivision. Com. Craft questioned if staff normally provides information to any applicant who seeks this type of an approval that there may be deed restrictions in the area and that this may not be the final step in the process. Staff advised the Board they contacted the applicant after this was brought to their attention and the applicant decided to continue to move forward with the application. Com. Craft requested a form be designed to have the applicants sign stating they are aware that there may be deed restrictions in the community and there are other steps to be taken. The County Attorney stated this could be done in a generic way, a general notification that there may be other restrictions that apply. Com. Coward requested a review of the surrounding area zonings. Com. Craft stated he understood they do not have the ability to deny this petition . The County Attorney stated the mobile home association is powerful group and have had legislation on both the federal and state level. He is not saying the Board cannot approve it, the Board is restricted in what they can look at. The Board can look at the roofing, siding and texture to make sure it fits in with the single family neighborhood and the surrounding neighborhood. But they cannot deny it simply because it is a mobile home 4 in a residential community, this is not a sufficient reason. If it has a HUD Certi~~ation it meets the federal criteria. The federal government basically pre-empted the abllIty of local governments to regulate in this particular area. Mr. Arthur Schoen addressed the Board and asked for clarification as to the other actions. He asked if the Board approved this, could he move the home onto the property. The County Attorney advised Mr. Schoen that should the Board approve the petition as recommended by staff, from a county perspective he would be in a position to move the mobile home on the property, he would need to have it inspected, he would not need to come back to the Board since he received the approval needed. However, regarding the deed restrictions in the community, it is a private deed restriction the County cannot be involved in, possibly he could be faced with a challenge from a homeowner or a homeowners association based on that restriction. Com. Craft suggested that if this petition is approved today that Mr. Schoen go before the Lakewood Park Property Owners Association to save himself a headache. There are covenants that do not allow it whether this is legal or not, this is something the Board cannot decide. Mr. Earl McBride, an associate of Mr. Schoen addressed the Board and stated when Mr. Schoen purchased the property he was not made aware of deed restrictions they would not have purchased the property otherwise. Com. Coward advised Mr. McBride that it is up to the purchaser of the property to investigate any restrictions. The County Attorney stated normally a purchaser of property examines the title to the property before purchase. Mr. Kevin Seaward, member Board of Directors for Lakewood Park Homeowners Association addressed the Board and advised them they have a ban against mobile homes in their community. The problem is that this property is adjacent to an existing mobile home park. Mr. Seaward stated he does not see them accepting this mobile home in their area, it would cause too much of a problem for the homeowners. Ms. Carri (unintelligible last name) Lakewood Park resident, addressed the Board in opposition to the mobile home which she felt looks like a trailer. She felt it would be detrimental to the area. Ms. Jan Shinn, Lakewood Park resident, addressed the Board in opposition and stated the deed restrictions were in force when she purchased her home. Ms. Christina (unintelligible last name) Lakewood Park resident, addressed the Board and stated she purchased her home because there were deed restrictions and in the covenants it stated no mobile homes permitted. Mr. Tom Christopher, Lot 12 owner, addressed the Board in opposition and stated a mobile home is visionably objectable. Mr. John Alexander, resident, Lakewood Park, advised the Board the entire area states "deed restricted area". Mr. Kevin Seaward advised the Board there are 10 names on the resident list that are not in the Lakewood Park area. Mr. McBride stated it was not a trailer, it was a 3 bedroom, 2 bath house. It looks like a regular home and looks better than some homes in the area. 5 Com. Craft alluded to a Class "A" Mobile Home previously approved on Lakeland Boulevard. It was his understanding that because it had a HUD sticker this Board did not have a choice but to approve that application because of the same criteria that had been laid out earlier. The County Attorney stated if it met certain standards then these are the only standards that the Board can review at this time roof tip, siding, texture, if it meets that criteria and it is compatible, then the Board must approve. Com. Craft asked if they denied this application which is more compatible than the one on Lakeland and did not deny the other, would the homeowners association have grounds for suit against St. Lucie County. The County Attorney stated he did not believe the homeowners association had grounds for suit. The Board needs to review these issues on a case by case basis. If this one is voted down, the applicant may be able to challenge the decision. Com. Lewis stated she cannot look at the covenants. She is forced to look at the situation to see if this home meets our criteria as per our code and if it does, then there are legal actions that can be taken against the Board if they do not follow the code. Com. Coward stated it has been his past experience as a County Commissioner that the Board has denied Class "A" Mobile Homes applications, particularly when there has been insufficient evidence to show that is infact compatible with the surrounding area. Com. Coward stated he believes that this is not compatible with the surrounding area and he will not be supporting this tonight. Com. Craft asked Com. Coward to point out how specifically this does not fit into the neighborhood. Com. Coward stated it was up to the applicant to prove to him that it fits in and based on the limited information provided he does not believe it is does. Com. Lewis asked Com. Coward to relate why he felt it was incompatible as this was a requirement. Com. Coward stated he had, he believes they have not shown the evidence that it is compatible based on limited information. QUASI JUDICIAL: Com. Smith advised the Board he had not been in touch with anyone but had received a copy of the covenants. Com. Craft stated he had contact with Mr. Presutti, President of Lakewood Park Property Owners Association. Com. Coward has not had contact but has received various e-mails. Com. Hutchinson has not had any discussion on the issue. It was moved by Com. Hutchinson, to deny staff recommendation based on the fact she too felt there was insufficient compatibility shown and also in the past they have used incompatibility to deny and these are what she feels are very conditional neighborhoods At this time the Chairman passed the gavel to the Vice Chairman and seconded the motion, and; upon roll call, the vote was as follows: Nay's: Lewis, Smith, Craft, Aye's: Coward, Hutchinson, motion denied by a vote of 3 t02. 6 The Chairman at this time assumed his position and the gavel was returned by the Vice Chairman. It was moved by Com. Craft, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, the vote was as follows: Aye's: Smith, Lewis, Craft, Nay's: Hutchinson, Coward, motion to approve carried by a vote of 3 to 2. 5.E GROWTH MANAGEMENT (1:43:49) Petition ofFt. Pierce Air Center for a Major Adjustment to the Existing Conditional Use for the St. Lucie County International Airport and Major Site Plan approval for he project known as St. Pierce Air Center- Draft Resolution No. 06-234- Consider staff recommendation to approve Resolution No. 06-234. Mr. Adam Houck, Ft. Pierce Air Center addressed the Board and gave the history of his lease. Com. Coward questioned the below market rate of the lease and if the lease could be re- negotiated. The County Attorney advised the Board they do not have the ability to re-negotiate the lease without the tenant's consent. Com. Coward directed staff to raise any future leases to meet the market rate. It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve Resolution No. 06-234, and; upon roll call, motion carried unanimously. 5.F COUNTY ATTORNEY Reserve DRI- Public Hearing- Consider staff recommendation to adopt Resolution No. 06-316 and authorize the Chairman to sign the Resolution. Staff also recommends that the Board direct the Growth Management Director to render Resolution No. 06-316 and Resolution No.04-081 to the Department of Community Affairs with copies to the Treasure Coast Regional Planning Council Due to an advertising error this public hearing was re-scheduled for October 24, 2006 at 6:00 p.m. Residents ofthe Reserve presented their comments. The Attorney for the developer was present . 5.G GROWTH MANAGEMENT Consider Draft Developer's Agreement DV A 06-001 approving a Developers Agreement between Incom Properties and St. Lucie County- Consider staff recommendation to approve the Developer Agreement. Staff advised the Board a continuance on this issue has been requested for October 10, 2006. It was moved by com. Craft, seconded by Com. Smith, to continue this hearing on October 10,2006, and; upon roll call, motion carried unanimously. 6. GROWTH MANAGEMENT Petition of Incom Properties Inc. for Major Site Plan approval for the project to be known as Regions Center Subdivision - Consider staff recommendation to approve Draft Resolution No. 06-169 granting Major Site Plan approval for the project to be known as Regions Center subject to 6 limiting conditions. This recommendation for approval is contingent on the Board's approval of the Developer's Agreement earlier in the meeting. 7 It was moved by Com. Hutchinson, seconded by Com. Lewis, to continue this item on October 10,2006, and; upon roll call, motion carried unanimously. 7. GROWTH MANAGEMENT Petition oflncom Properties, Inc. for Major Site Plan approval for the project to be known as King Leal Industrial Subdivision- Draft Resolution No. 06-168- Consider staff recommendation to approve Draft Resolution No. 06-168 granting Major Site Plan approval for the project known as King Leal Industrial Subdivision subject to 4 limiting conditions. This recommendation for approval is contingent on the Board's approval of the Developer's Agreement earlier in the meeting. It was moved by Com. Craft, seconded by Com. Lewis, to continue this item on October 10, 2006, and; upon roll call, motion carried unanimously. 8. GROWTH MANAGEMENT Petition of Wexler Development LLC for Major Site Plan approval for the project to be known as Cortez Road Multi-Family - Draft Resolution No. 06-236- Consider staff recommendation to approve Draft Resolution No. 06-236 granting Major Site Plan approval for the project to be known as Cortez Road Multi-Family subject to 10 limiting conditions. It was moved by Com. Craft, seconded by Com. Smith to approve Resolution No. 06- 236,(with condition # 8 as worded to achieve the buffering) and; upon roll call, motion carried unanimously. 9. PURCHASING Items A and B were pulled prior to the meeting and will be re-agendad. BOARD COMMENTS Com. Hutchinson commented on the advertising errors made. There being no further business to be brought to the Board, the meeting was adjourned. Chairman Clerk of Circuit Court 8 Page 1 ot 1 :J A )ó/o /ò 0 ." Charline Burgess - Presentation q.:.)D , From: To: Subject: Charline Burgess Anderson, Douglas; Missy Presentation Mr. Anderson, Commissioner Coward would like the Presentation of the Florida American Planning Award of Excellence for the TVC to be presented by Marcela Camplor (and others) to the BOCC on the Oct. 10th agenda. The award will be received on Septemeber 28th in Marco Island by the RPC and Comm. Coward. Please allow for 15 minutes. Marcela will be the contact person and her number is 772-221-4060. She knows to coordinate with Missy. Thank you, Charline ~o\\ N\ú((éc{ CD ~e.J+ (ì7¿JSafØ- (';Î / ~/ð ~., fll q :35' q.('1. ( MÚVlt A I ~ /" 8/10/2006 about:blank Page 1 at 1 ~ , «-~mw ,~,AQ<~,,~Ø'~' .... ~>.tvm 1 $:-4 ~~~'1!1' d*~ c2Q --rrM~ l 1 Charline Burgess - Presentation From: To: Subject: Charline Burgess Anderson, Douglas; Missy Presentation Mr. Anderson, Commissioner Coward would like the Presentation of the Florida American Planning Award of Excellence for the 1VC to be presented by Marcela Camplor (and others) to the BOCC on the Oct. 10th agenda. The award will be received on Septemeber 28th in Marco Island by the RPC and Comm. Coward. Please allow for 15 minutes. Marcela will be the contact person and her number is 772-221-4060. She knows to coordinate with Missy. Thank you, Charline r:ì r;:=? l'("0 r;'r! \"\ 17 r.'''i' i:\ Iii L-~:~!' / .. I, 10', U¡ r~' '--JiI11 r,\') ~ioA~:~', n~~O;c~1 about:blank 8/1 012006 'I t AGENDA REQUEST ITEM NO. ~ B DA TE: October 10, 2006 REGULAR [ X ] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMlTfED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 06-318 - Proclaiming October 10, 2006 as "ACUPUNCTURE AND ORIENTAL MEDI CINE DA Y" in St. Lucie County, Florida.. BACKGROUND: On behalf of Stuart S. Shipe, D.O.M., P.A. Acupuncture & Oriental Medicine, Tatiana Batista, Public Relations for Acupuncture Health has requested that this Board proclaim October 10, 2006 as Acupuncture and Oriental Medicine Day in St. Lucie County, Florida. The attached Resolution No. 06-318 has been drafted for that purpose.. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the attached Resolution No. 06-318 as drafted. COMMISSION ACTION: CONCURRENCE: 1)0 APPROVED [] DENIED [ J OTHER: Approved 5-0 4 County Attorney: Jy Review and Approvals Management & Budget Purchasing Other: Other: Originating Dept. Finance: (Check for Copy only, if applicable)___ Eff. 5/96 - , RESOLUTION NO. 06-318 A RESOLUTION PROCLAIMING OCTOBER 10, 2006 AS "ACUPUNCTURE AND ORIENTAL MEDICINE DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Acupuncture and Oriental Medicine have a long and rich history as components of a comprehensive traditional medical system that has been used for thousands of years to diagnose and treat illness, prevent disease and improve well-being. 2. Practitioners of acupuncture and Oriental medicine are dedicated to the highest standards of professionalism and maintain these standards through education, credentialing and a personal commitment. 3. Millions of Americans seek the services of acupuncturists and Oriental medicine practitioners each year. 4. It is vi tal that those in need of medical services understand the full realm of available modalities and seek competent and professional care. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim October 10, 2006 as "ACUPUNCTURE AND ORIENTAL MEDICINE DAY" in St. Lucie County, Florida. '. 2. This Board encourages all citizens of St. Lucie County to learn more about the potential benefits of acupuncture and Oriental medicine. PASSED AND DULY ADOPTED this 10th day of October, 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY .. · ttv;~, ! í d 1i ~. ~:4C--f'! . ~ Stuart S. Shipe, D.O.M., RA.)) ./J MIRACLE PLAZA, 2763 NW FEDERAL HWY, STUART FL 34994 '(j,.;21'-::" PHONE . .. FAX .. STUARTSHIPE@YAHOO.COM 77':1- ?;Qg-115$'c 77'?l- "348- 455 ~ Dear Commissioner Doug Coward: On behalf of Stuart S. Shipe, D.O.M., P.A. Acupuncture & Oriental Medicine, I am writing to request your proclamation of October 24, 2006, as Aoopuncture and Oriental Medicine Day in the S1. Lucie County. Acupuncture and Oriental Medicine Day is designed to increase public awareness of the progress, promise, and benefits of acupuncture and Oriental medicine. Acupuncture and Oriental Medicine Day is supported by a unique international partnership of organizations in the United States, Canada and Mexico. These organizations include professional associations and educational institutions. Acupuncture and Oriental Medicine Day offers a rare opportunity to focus attention on the long and rich history of these traditional forms of health care. Stuart S. Shipe, D.O.M., P.A is participating in this year's Acupuncture and Oriental Medicine Day by providing on.October 27,2006, free to the public lectures, dinner, music and various demonstrations of Chinese art and practices. In recognition of the growing importance of acupuncture and Oriental medicine in the lives of our citizens, we ask that the S1. Lucie County issue a proclamation for Acupuncture and Oriental Medicine Day, October 24. We would be particularly honored to have you present this proclamation at the October 10th meeting, to our Acupuncture Physician Chris Ruetti. A sample language that might be helpful in drafting a proclamation is attached. We look forward to working with your office on this important endeavor. Thank you for your consideration. Sincerely, r-"o .~-~ ":":1 IT" ., """'ì\~ l"'Pij rm J e,·, ' / ') '1 " ',,,....:J ':' _ \.J ¡If:" I!\ :1 ¡ l:" C¡:'D 'J ::;: "J':'¡"u VL.,l f.-J r.) ~WuiJ ¡.~J cr~~ Tatiana Batista. Public Relations 772-240-9349/ acupuhealth@vahoo.com - 5eTTeK HeALTH THKOUGH ACUFUNCTUKE .., Aaenda Reauest Item Number: 6 .,..--,- DATE· . Uc~;- {ð 200<Ô REGULAR [ X ] I PUBLIC HEARING [ ] CONSENT [ ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: StrateQY & Special Projects/Environ. Resources Michael Brillhart S. & S. Projects SUBJECT: Review and consideration of staff options pertaining to the implementation of a Countywide Transferable Development Rights (TOR) program. BACKGROUND: In consideration of the Board's desire to create programs that will assist in preserving and conserving agricultural land, open space, environmentally sensitive land, habitat protection, and greenway connectors, staff has developed 3 options (Attachment A) for instituting a planning study necessary for implementing a Countywide Transferable Development Rights (TOR) program. Such a program would affect properties outside of the North County Special Area Plan (SAP) boundaries. FUNDS AVAILABLE: NA PREVIOUS ACTION: On May 30,2006, the Board of County Commissioners adopted Ordinance No. 06-018 establishing a TOR program for land within the North County Special Area Plan (SAP) boundaries. RECOMMENDATION: Staff is seeking direction from the Board [ ] DENIEC All concurred to nave Comm. Craft and Comm. Smith get with each of the CONCURRENCE: CIties elected OtTIClalS to present them with all of the information in order for tnem to posslDly participate. Comm. Craft and Comm. Smith will tmng baCK to tne t!oard on October 24, 2006 SOCC meeting with an update. \,,00 ru I nail um.:) iQ natu res COMMISSION ACTION: [ ] APPROVED be] OTHER: - Environ. Resources: Purchasing County Attorney: _ Originating Dept: Management & Budget: Finance: COUNTY ADMINISTRATION MEMORANDUM TO: Board of County Commissioners FROM: Michael Brillhart, Strategy & Special Projects Director DATE: September 27, 2006 RE: Options for Instituting a Planning Study and Adoption Ordinance Necessary for Implementing a Countywide Transferable Development Rights (TOR) Program In consideration of the Board of County Commissioners desire to preserve and conserve agricultural land, open space, native habitat, and environmentally sensitive land west of the County's urban services area boundary, staff is proposing the implementation of a Countywide Transferable Development Rights (TOR) program. On May 30, 2006, the Board adopted Ordinance No. 06-018 establishing a TOR program affecting properties within the North County Special Area Plan (SAP) boundaries (see attached map). Attachment A represents three options for Board discussion and consideration for instituting a Planning Study and Adoption Ordinance necessary to implement this TOR program outside of the SAP boundaries. Based upon a preliminary cost estimate range of $50,000 to $100,000 to undertake this study, staff is tentatively recommending Option #1 - Preparing an RFP for Professional Consulting Services. A copy of a draft RFP #06-116 for this project is attached and includes a summary of the activities to be undertaken within this study are reflected within the Statement of Work - Part II: Scope of Work 2.2, paQe 9). The major work effort for this study includes land planning analysis and the preparation of implementing legal documents. A Countywide TOR Program study and its funding source(s) were not identified within the County's FY06/07 Budget. It is anticipated that $15,000 could be accumulated through various County Department professional consulting services and contingency line items. Additional funding options for this study include: a. Project cost reimbursement through TOR application fees. b. Financial assistance from the adjoining municipalities of the City of Fort Pierce and Port St. Lucie. c. Possible grant funding assistance. d. Developer assistance from applicants that are proposing development west of the urban services area boundary. Staff is seeking direction from the Board pertaining to undertaking a planning study necessary for the implementation of a Countywide TOR program. Cc: Doug Anderson, County Administrator Faye Outlaw, Assistant County Administrator Bob Nix, Growth Management Director Dan Mcintyre, County Attorney ~-----l~----'ir'- 1:'; St. Lucie County Comprehensive Plan 3-vii ~ -< ~ Z o ~ u o oJ ..;¡ ~ ¡..¡ Z ¡..¡ ~ :i, I [.I.J Z -< ..;¡ =-- -< ~ < ..;¡ -< Ü ¡..¡ ~ 00 "<-~ : '," ;' '."'~"" J .-", TVC Element May 15,2006 ATTACHMENT A Transfer of Development Riahts (TOR) Proaram Options for Developing a Planning Study and Adoption Ordinance Necessary for implementing a Countywide TDR Program Option 1. - Prepare an RFP for professional consulting services. The services will include: . planning services - land use inventory, identify criteria for land preservation/conservation requirements, designate appropriate sending areas and receiving areas, establish transferable credit values and multipliers. . legal services - prepare adoption Ordinance and related legal documents pertaining to administration, conservation easements and deed restrictions. Option 2. - Modify the "draft" proposed professional services contract with the Treasure Coast Regional Planning Council (TCRPC) to include the development of a Countywide TOR program as part of their professional services. The TCRPC could serve as the project manager and use Tom Daniels (TOR planning) and Nancy Stroud (legal) as the consultants for this effort. The TCRPC provided the professional services pertaining to the implementation of the North County Special Area Plan (SAP) TOR program as adopted through Ordinance No 06-018. Option 3.- Expand the existing impact fee contract with Dr. Nicholas to incorporate a TOR planning analysis for this project. Dr. Nicholas consulted for Collier County on their 2003 adopted TOR program. He has experience in other TOR programs within Florida. Under this option, the County Attorney's office could use an attorney under their professional services contract to prepare County-wide TOR Ordinance and relevant legal documents RFP #06-116 CONSULTANT SERVICES FOR THE CREATION OF A COUNTYWIDE TRANSFERABLE DEVELOPMENT RIGHTS (TDR) PROGRAM DUE DATE: NOVEMBER 10, 2006 DUE TIME: 1 :30 P.M. St. Lucie County Purchasing Department 2300 Virginia Avenue, Room 228 Ft. Pierce, FL 34982-5652 (772) 462-1700 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REQUEST FOR PROPOSALS Sealed Proposals will be received at the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, FL 34982, until 1:30 P.M. local time on Friday, November 10,2006, for the following: RFP #06-116 CONSULTANT SERVICES FOR THE CREATION OF A COUNTYWIDE TRANSFERABLE DEVELOPMENT RIGHTS (TDR) PROGRAM DEPARTMENT RFP documents may be obtained via the Internet by contacting DemandStar.com or by using the County's website at http://www.stlucieco.gov. If you do not have Internet access, you may obtain the documents by calling DemandStar by Onvia at (800) 711- 1712 and request document number #06-116 or contact the Office of the Purchasing Director at 2300 Virginia Avenue, Fort Pierce, Florida, 34982, (772) 462-1700. RFP's may be either mailed or hand delivered to the Purchasing Department, 2300 Virginia Avenue, 2nd Floor, Room 228, Fort Pierce, FL 34982. Any RFP'S received after the above stated time will be returned to the bidder unopened. The Board of County Commissioners reserves the right to waive any informalities or minor irregularities; reject any and all bids/proposals which are incomplete, conditional, obscure, or which contain additions not allowed for; accept or reject any bids/proposal in whole or in part with or without cause; and accept the bid/proposal which best serves the County. For Bids, RFP's, Bid Results and other information visit the St. Lucie County Purchasing Web Site at: www.co.st-lucie.fI.us St. Lucie County is an Equal Opportunity/Affirmative Action Employer. CAUTION: It is the bidders/proposers responsibility to ensure that bids/proposals are received in the Purchasing Department prior to the date and time specified above. Receipt of a bid/proposal in any other County office does not satisfy this requirement. Board of County Commissioners St. Lucie County, Florida By: Maryann Collins, Purchasing Agent Publish: October 5, 2006 RFP#06-116 2 CONSULTANT SERVICES FOR THE CREATION OF A COUNTYWIDE TRANSFERABLE DEVELOPMENT RIGHTS (TOR) PROGRAM Table of Contents Part I General Information 1-1 1-2 1-3 1-4 1-5 1-6 1-7 1-8 1-9 1-10 1-11 1-12 1-13 1-14 1-15 1-16 1-17 Definitions Invitation to Propose; Purpose Issuing Office Awards Development costs Inquiries Timetables Delays Proposal Submission and Withdrawal Rejection of Irregular Proposals Addenda Equal Opportunity Oral Presentation Insurance Lobbyist Disclosure Feasibility Studies Public Entity Crimes Statement Part II Statement of Work 2-1 2-2 Purpose and Objectives Scope of Work Part III Instructions for Preparing Proposals 3-1 3-2 Rules for Proposals Proposal Format Part IV Evaluation of Proposals 4-1 Evaluation Method and Criteria A TTT ACHMENTS: Exhibit A Draft Contract RFP#06-116 3 CONSULTANT SERVICES FOR THE CREATION OF A COUNTYWIDE TRANSFERABLE DEVELOPMENT RIGHTS (TOR) PROGRAM GENERAL INFORMATION PART I 1-1 DEFINITIONS For the purposes of this Request for Proposals ("RFP"), proposer shall mean contractors, consultants, respondents, organizations, firms, or other persons submitting a response to this Request for Proposals. 1-2 INVITATION TO PROPOSE; PURPOSE The Board of County Commissioners, St. Lucie County, Florida (the "Board") solicits proposals from responsible proposers to provide Consultant Services for the creation of a Countywide Transferable Development Rights (TOR) Program Report to establish and provide guidelines for the implementation of a Transferable Development Rights (TOR) Program for unincorporated St. Lucie County. The boundaries for this study do not include the land area located within existing North County Special Area Plan (SAP). An existing TOR program has been adopted affecting properties within the North County SAP (see attached North County SAP map). 1-3 ISSUING OFFICE AND LOCATION OF PROPOSAL OPENING St. Lucie County Purchasing Department Administration Annex 2300 Virginia Avenue, Room 228 Fort Pierce, Florida 34982 1-4 CONTRACT AWARDS The Board anticipates entering into a contract with a termination clause to the proposer(s) who submit the proposal judged by the Board to be most advantageous to the County. The County anticipates awarding one (1) contract, but reserves the right to award more contracts if in its best interest. The proposer understands that this RFP does not constitute an agreement or a contract with the proposer. An official contract or agreement is not binding until proposals are reviewed and accepted by the Board and a written agreement or contract is approved by both the Board and the successful proposer(s). A standard St. Lucie County draft contract is included with this RFP. This contract will form the basis of the contract between the successful proposer(s) and the County. At the option of the County, additional terms and conditions may be added to the contract through negotiations with the successful proposer(s). 1~ DEVELOPMENT COSTS Neither the Board nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFP. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the proposer's ability to meet the RFP #06-116 4 CONSULTANT SERVICES FOR THE CREATION OF A COUNTYWIDE TRANSFERABLE DEVELOPMENT RIGHTS (TOR) PROGRAM requirements of the RFP. 1-6 INQUIRIES -INTERPRETATIONS The County will not respond to oral inquiries. Proposers may mail or fax written inquiries for interpretation of this bid to: Maryann Collins, Purchasing Agent St. Lucie County Purchasing Department Administration Annex 2300 Virginia Avenue, Room 228 Fort Pierce, Florida, 34982. (772) 462-1294 (Fax) The County will respond to written inquiries if received at least seven (7) working days prior to the date scheduled for receiving the bid/proposals. The County will record its responses to inquiries and any supplemental instructions in the form of a written addendum. No interpretation shall be considered binding unless provided in writing by St. Lucie County. 1-7 ADDENDA If revisions become necessary, the County will provide written addenda at least five working days prior to the opening date to all documented planholders. This will be adhered to even if the opening date must be postponed in order to observe the time requirements. Any changes to the RFP will be made available for all documented planholders to receive. Although we will make an attempt to notify you of the addendum, it is the sole responsibility of the proposer(s) to ensure it is received. 1-8 TIMETABLES The Board and the proposers shall adhere to the following schedule in all actions concerning this RFP. A. From opening time, the Board and County staff will review and evaluate the proposals on a timely basis. B. The Board may enter into a contract after conducting negotiations and obtaining appropriate approvals. The County may notify unsuccessful proposers at this time. 1-9 DELAYS The County may delay scheduled due dates if it is to the advantage of the County. The County will notify proposers of all changes in scheduled due dates by written addenda. RFP #06-116 5 CONSULTANT SERVICES FOR THE CREATION OF A COUNTYWIDE TRANSFERABLE DEVELOPMENT RIGHTS (TOR) PROGRAM · . 1-10 PROPOSAL SUBMISSION AND WITHDRAWAL The County will receive proposals at the following address: St. Lucie County Purchasing Department Administration Annex 2300 Virginia Avenue, Room 228 Fort Pierce, Florida 34982 To facilitate processing, please mark the outside of the envelope with "RFP #06- 116 - Consultant Services for the Creation of a Countywide Transferable Development Rights (TDR) Program". Proposers shall submit ten 1Q copies of each report for each study, including one marked original on the outside with an original signature inside. All proposals shall be submitted in a sealed, opaque package marked as noted above. The proposer(s) may submit the proposal in person or by mail. Proposers may withdraw their proposals by notifying the County in writing at any time prior to the opening. Proposers may withdraw their proposals in person or through an authorized representative. Proposers and authorized representatives must disclose their identity and provide a signed receipt for the proposal. Proposals, once opened, become the property of the County and will not be returned to the Proposers. Upon opening, proposals become "public records" and shall be subject to public disclosure in accordance with Chapter 119, Florida Statutes. Telephone confirmation of timely receipt of the proposal may be made by calling (772) 462-1700 before proposal opening time. Proposals received after the established deadline will be returned unopened to the proposer. 1-11 IRREGULARITIES; REJECTION OF PROPOSALS Proposals not meeting stated minimum terms and qualifications may be rejected by the County as non-responsive or irregular. However, the County reserves the right to waive any irregularities, technicalities or informalities in any proposal. The County reserves the right to allow for the clarification of questionable entries and for the correction of typographical and mathematical errors, reject the proposal of any proposer in arrears or in default upon any debt or contract to the Board of County Commissioners of St. Lucie County or who have failed to perform faithfully any previous contract with the County or with other governmental jurisdictions. The County reserves the right to reject any or all proposals without cause. 1-12 EQUAL OPPORTUNITY The County recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority and women business enterprises. The County requests minority and women business enterprises to submit evidence of such classification with their proposals. 1-13 ORAL PRESENTATION RFP #06-116 6 CONSULTANT SERVICES FOR THE CREATION OF A COUNTYWIDE TRANSFERABLE DEVELOPMENT RIGHTS (TOR) PROGRAM At their discretion, the County may require any proposer to make an oral presentation of the proposal. These presentations provide an opportunity for the proposer to clarify the proposal for the County. The County will schedule any such presentations. 1-14 INSURANCE The proposer, if awarded a contract, shall maintain insurance coverage reflecting the minimum amounts and conditions required by the County. 1-15 LOBBYIST DISCLOSURE REQUIREMENT Pursuant to Article IV of Chapter 1-2 of the Code of Ordinances of St. Lucie County, Florida, any professional consultant who utilizes the services of a lobbyist as defined in Section 1-2-62 is required to make full disclosure with the Clerk of the Board prior or concurrently with the submission of a proposal to the Board for the performance of any services for the Board. Such disclosure shall include the following: A. The name of any lobbyist employed directly or indirectly by the consultant for the purpose of influencing or attempting to influence the selection of the professional consultant by the Board. B. The name and address of the lobbyist. C. The length of such agreement, contract or understanding and the amount of any fee, gratuity, compensation or consideration paid or promised to be paid to the lobbyist either before or after hiring whether or not same is set out as compensation for the lobbying or is for other services. The disclosure shall be filed with the Clerk on forms provided by the Board and such records shall be open to the public. 1-16 FEASIBILITY STUDIES The County has established a policy that any professional consultant that contracts with the County as an advisor as to the feasibility of any County capital project, shall not be eligible to participate in any future design work on that project that might become necessary as a result of the consultant's advice. The Board of County Commissioners (the "Board") may determine to waive this policy by majority vote if the Board determines that there is a compelling reason to waive the policy. RFP#06-116 7 CONSULTANT SERVICES FOR THE CREATION OF A COUNTYWIDE TRANSFERABLE DEVELOPMENT RIGHTS (TOR) PROGRAM · . 1-17 PUBLIC ENTITY CRIME STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the County, may not submit a bid on a contract to the County for the construction or repair of a public building or public work, may not submit bids on leases of real property to the County, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the County, and may not transact business with the County in excess of $10,000.00 for a period of 36 months from the date of being placed on the convicted vendor list. The County will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The County shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the County. RFP #06-116 8 CONSULTANT SERVICES FOR THE CREATION OF A COUNTYWIDE TRANSFERABLE DEVELOPMENT RIGHTS (TDR) PROGRAM STATEMENT OF WORK PART II INTRODUCTION 2.1 PURPOSE AND OBJECTIVES It is the intent of St. Lucie County, Florida (hereafter referred to as "County") to acquire the services of a qualified consultant to provide consulting services for the Creation of a Countywide Transfer of Development Rights (TOR) program within unincorporated St. Lucie County. The location of TOR sending areas and receiving areas shall be identified by the consultant as part of the project work scope. 2.2 SCOPE OF WORK The consultant selected from this Request for Proposal (RFP) shall be responsible for providing services for the creation of a Countywide Transferable Development Rights (TOR) Program Report. This Report will not include the land within the North County Special Area Plan (SAP). An adopted TOR Program already exists for property located within the SAP (see attached North County SAP map) . The Report shall be performed in three phases. Proposals should be prepared in a manner, which clearly identifies the three phases of this project in terms of price and technical needs. In order to be considered for award your response to this Request for Proposal must include requirements and costs for Phase I, II, and, III. The final product will be required to meet all statutory requirements for establishment of a TOR Program. 2.2.1 Phase I: Comprehensive Plan Direction · The report will identify available agricultural, open space, greenway connectors, environmentally sensitive, and habitat protection etc. land west of the urban service area boundary to be potentially designated as sending areas and available developable land east of the urban service area boundary applicable for potential designation as receiving areas. · Review current goals, objectives and policies together with land development regulations established by the Board of County Commissioners relating to rural and agricultural land west of the urban service area boundary. · Identify ecosystems on environmentally sensitive and agricultural lands. 2.2.2 Phase II: TDR Analysis and Valuation Conditions . Assign densities within the sending areas based upon preservation and development value to the community. Identify environmentally sensitive land desired for: ag use, preservation, conservation, greenway connectors , open space etc. Identify the types of development activities that are allowed within sending areas and those uses that are restrictive within the 9 RFP #06-116 CONSULTANT SERVICES FOR THE CREATION OF A COUNTYWIDE TRANSFERABLE DEVELOPMENT RIGHTS (TOR) PROGRAM proposed sending area conservation easements. · Develop and assign transfer of development rights credit valuations for receiving area locations. · Identify the types of development allowed within receiving areas. 2.2.3 Phase III: Findings and Recommendations · Proposed sending area locations · Proposed receiving areas · Total amount of TORs available for transfer into receiving area locations · Establish administrative and legal requirements for the recordation of TORs, stewardship easements, conservation easements, agricultural easements, or deed restrictions in the public records. Prepare an applicable Easement and Deed Restriction Ordinance template. · Final Recommendations RFP #06-116 1 0 CONSULTANT SERVICES FOR THE CREATION OF A COUNTYWIDE TRANSFERABLE DEVELOPMENT RIGHTS (TOR) PROGRAM INSTRUCTIONS FOR PREPARING PROPOSALS PART III 3-1 RULES FOR PROPOSALS The proposal must name all persons or entities interested in the proposal as principals. The proposal must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this RFP. 3~ PROPOSAL FORMAT Proposers shall prepare their proposals using the following format A. Letter of Transmittal: This letter will summarize in a brief and concise manner, the proposer's commitment to timely performance of the work. The letter must name all of the person(s) authorized to make representations for the proposer(s), including the titles, addresses, and telephone numbers. An official authorized to negotiate for the proposer must sign the Letter of Transmittal. B. Oraanization Profile and Qualifications: This section of the proposal must describe the proposer, including the consultant/firms size, range of activities, etc. Each proposer must be authorized to do business in the State of Florida and, if a corporation must be incorporated under the laws of one of the States of the United States, proof of same must be provided. The proposer(s) must emphasize its expertise in, and experience with similar programs. The proposal must identify the primary individual(s) responsible for supervising the work. The proposer shall provide the County with the resume(s) of the primary individual(s). The proposals must also include recent and pertinent references, including bank references, contact names, telephone numbers and addresses. C. Scope of Work: This section should include: · A description of the consultant/firms thorough understanding of the scope of the project. · A description of how the consultant/firms proposes to deliver a top quality project on time and within budget. · An overall account of the philosophy and methods the consultant/firms will utilize to successfully complete this project. · A detailed outline of the tasks associated with each element of the scope of services described above including any additional tasks that the consultant may choose to identify and describe. · A description on how innovation and imagination can be used to address the transportation needs. RFP#06-116 11 CONSULTANT SERVICES FOR THE CREATION OF A COUNTYWIDE TRANSFERABLE DEVELOPMENT RIGHTS (TOR) PROGRAM D. Anticipated Project Schedule A detailed project schedule with an estimated start date should be provided. The schedule should identify key landmarks in the process and all key decision points necessary to complete the Report. The schedule should include County review time and decision points. E. Similar Project Experience Provide three specific examples of recently completed reports that are similar in nature to this project. Please include a description of the project including location, client, and scope of professional services delivered by you/your firm. F. Fee Summary A fee summary for this project must include requirements and costs for Phase I, II, and, III. G. Additional Data: Any additional information which the proposer considers pertinent for consideration should be included in a separate section of the proposal. RFP #06-116 12 CONSULTANT SERVICES FOR THE CREATION OF A COUNTYWIDE TRANSFERABLE DEVELOPMENT RIGHTS (TOR) PROGRAM EVALUATION OF PROPOSALS PART IV 4-1 EVALUATION METHOD AND CRITERIA A. General: The County shall be the sole judge of its own best interests, the proposal, and the resulting negotiated agreement. The County reserves the right to investigate the financial capability, reputation, integrity, skill, business experience and quality of performance under similar operations of each proposer, including stockholders and principals before making an award. Award(s), if any, will be based on both an objective and subjective comparison of Proposals and Proposers. The County's decisions will be final. The County's evaluation criteria will include, but shall not be limited to, consideration of the following: CRITERION MAXIMUM SCORE 1. 2. 3. 4. Experience with similar reports for government entities Timeframe for the delivery of the report Qualifications and experience of the project personnel Fee MAXIUM POINTS 25 25 25 25 B. Selection: The Board of County Commissioners may conduct the selection process or at the option of the Board, it may be referred to the Competitive Selection Committee (the "Committee") appointed by the County Administrator. RFP #06-116 13 CONSULTANT SERVICES FOR THE CREATION OF A COUNTYWIDE TRANSFERABLE DEVELOPMENT RIGHTS (TOR) PROGRAM ......".'" AGENDA REQUEST ITEM NO. L DATE: October 10, 2006 REGULAR [XX] PUBLIC HEARING [] .. CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 06-272 - Sustainable Building Practices BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board approve Resolution No. 06- 272 and authorize the Chairman to sign the resolution. COMMISSION ACTION: CONCURRENCE: J(] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 ¡;- County Attorney: ~ Review and Approvals Management & Budget Env. Resources Dir: \~ Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 06-1583 DATE: September 26, 2006 SUBJECT: Resolution No. 06-272 - Sustainable Building Practices *******-*-**44444444444444444444444444444444444444444444444444444444444*******-****-* BACKGROUND: Attached is a copy of Resolution No. 06-272 which, if adopted, would establish and implement policies, guidelines, goals and strategic actions to promote sustainable building practices. The resolution is patterned after a resolution adopted by Sarasota County. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve Resolution No. 06-272 and authorize the Chairman to sign the resolution. DSM/caf Attachment RESOLUTION NO. 06-272 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA (SUSTAINABLE BUILDING PRACTICES) A Resolution of The Board of County Commissioners of St. Lucie County, Florida, which demonstrates a significant commitment on the part of St. Lucie County Government (herein referred to as the "County"), to establish and impl'ement policies, guidelines, goals and strategic actions to promote sustainability. WHEREAS, sustainability means satisfying our present needs without compromising the ability of future generations to meet their needs; and WHEREAS, the County is committed to lead by demonstrating sustainable stewardship that will yield cost savings to taxpayers by reducing County operating costs, providing healthy work environments for County staff and visitors, protecting, conserving and enhancing the County's resources, and establishing community standards of sustainable living practices; and WHEREAS, the County is committed to lead by demonstrating sustainable stewardship that will yield cost savings to taxpayers by reducing County operating costs, providing healthy work environments for County staff and visitors, protecting, conserving and enhancing the County's resources, and establishing community standards of sustainable living practices; and WHEREAS, the County is committed to designing, constructing, and operating County facilities to minimize environmental impacts by incorporating the use of resource and energy efficient materials, renewable resources, alternative energy sources, water conservation, waste reduction, pollution prevention; and WHEREAS, environmentally preferred products are generally produced and disposed of in ways that have less negative impact on human health and the environment because they consume fewer natural resources and less energy, generate less waste, and release fewer pollutants; and WHEREAS, this Resolution establishes policies, guidelines, goals and strategic actions that will result in: · a more sustainable community · the use of renewable resources · energy, water and cost savings through the construction, operation and maintenance of high performance buildings and landscapes · the procurement of environmentally preferred products, materials and services · increased recycling and materials reuse · historical preservation · waste reduction at the source · healthier and more productive work environments · less local and global adverse environmental impacts · reduced County liability · minimized future disposal infrastructure needs · adoption of Environmental Landscape Management (ELM) practices NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, that: 1. The County Administrator shall direct County staff to develop policies, guidelines, and strategic actions for sustainable building practices for County facilities.; and 2. The County Administrator shall direct County staff to develop policies, guidelines and strategic actions for Environmentally Preferred Procurement (EPP) practices for the County Government; and 3. The County Administrator may direct County staff to provide on-going training and education opportunities for affected staff to further sustainable stewardship and that the County Administrator may direct County staff to develop, promote, and implement sustainable stewardship education programs within the community, and establish marketing partnerships to advance these principles; and 4. The County shall be guided by established energy efficient standards providing for an integrated whole building design approach to ensure the best processes are implemented through every phase of design, construction and renovation so that buildings realize substantial economic and environmental benefits through their entire life cycle; and 5. The County Administrator may direct County staff to explore the feasibility of an Office of Sustainability, its structure, potential funding sources and partners, future benefits, roles, responsibility, and related dynamics and present its recommendations to the Board of County Commissioners; and 6. The County Administrator shall investigate the requirements for County membership in the U.S. Green Building Council, The United States Department of Energy's Rebuild America Program, the United States Environmental Protection Agency's ENERGY ST AR® Program and the Florida Green Building Coalition and report his findings and recommendations to this Board. After motion and second the vote on this resolution was as follows: Chairman Doug Coward Vice Chairman Chris Craft Commissioner Paula A. Lewis Commissioner Joseph E. Smith Commissioner Frannie Hutchinson xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED this _ day of ,2006. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ,1fIIII""''''\ 1 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ADMINISTRATION SUBJECT: .... ITEM NO. 8 DATE: October 10,2006 REGULAR: (X) PUBLIC HEARING: ( ) CONSENT: ( ) Public Schools Advisory Committee BACKGROUND: See attachments FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests appointments of a citizen member and county staff member to serve on the Public Schools Advisory Committee. COMMISSION ACTION: Approvea b-U to appoint Comm. Smith as the Citizen appointment member ana uavla Kelly as the County staff member. XI APPROVED o OTHER: o DENIEI Review and Approvals º County Attorney: -º Management and Budget: º Originating Dept: º Other: º Finance: Check for copy only, if applicable: CONCURRENCE: J º Purchasing: º Other: 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/east 48 hours (48) prior to the meeting. COUNTY ADMINISTRATION MEMORANDUM 06-120 FROM: Douglas M. Anderson TO: Board of County Comm DATE: September 29, 2006 RE: Public Schools Advisory Committee BACKGROUND On September 14th, I contacted Marty Sanders of the St. Lucie County School District (copy attached), suggesting the school district consider changing the make-up of the appointees for the committee. On September 29th, I received a response from Mr. Sanders (copy attached), stating that at this time it would be very difficult to change the committee. He did suggest that a county commissioner could serve on this committee as the citizens' appointee. I will leave that up to the commissioners whether or not you wish one of you to serve on this committee. The county staff member we are recommending to serve on this committee is David Kelly. RECOMMENDA TION Staff requests appointments of a citizen member and county staff member to serve on the School's Public Advisory Committee. DMAlab 06-120 Attachments /", <-; D.Y'/ " '-,ò'~~:"'''\'''-~~( Excellence in Education l~n~~ The School Board of St. Lucie County St: Lü.cie COÜ.Iltý 4204 Okeechobee Road pü.blic Schools Fort Pierce, Florida 34947 . (772) 429-3600 Board Members Kathryn Hensley, Chairman Dr. John Carvelli, Vice Chairman Dr Samuel S. Gaines Carol A. Hilson Dr. Judi Miller Superintendent Michael J. Lannon September 29, 2006 Re: Pubic Schools Advisory Committee ~)ð\Oll ~ \1'"' CÝ '1 / Ið () .> /" C' VIJ Mr. Doug Anderson, County Administrator St. Lucie County 2300 Virginia A venue Fort Pierce, FL 34982-5652 Dear Mr. Anderson: This is in response to your letter of September 14 regarding the Public Schools Advisory Committee. We have reviewed your suggestion that a County Commissioner serve on the committee and staff serve as a liaison. The school planning interlocal agreement was developed thru the model interlocal agreement developed by the Department of Community AtTairs (DCA) to meet the requirements of the school planning law enacted in 2002. Untimely the agreement took over 6 months to develop and was reviewed and approved by the School Board, the City of Fort Pierce, the City of Port St. Lucie and St. Lucie County and the Department of Community Affairs. The School Board recently advertised for potential sellers to sell land for school sites and must make a timely review the applications. As a result time is of essence and amendment ofthe agreement would be a lenbrthy process both locally and at the state level with the DCA. After discussion with the Superintendent, Board Chainl1an and School Board Attorney, we recognize that the interlocal agreement will be revised as a result of school concurrency over the ncxt year and that would be a more appropriate time to consider changes to the Public Schools Advisory Committee. If you would like to discuss it further, please feel free to give me a call at (772) 429-3640. Sincerely, nJJf ÅkL Marty E. Sanders, P.E. , Executive Director Growth Management, Land Acquisition & Inter-Governmental Relations MES/mtf ""IlI\'.I"IU¡",·"¡ ;":",:,,,,'11', \",kl""" '! 1·1 .,,"', Jd!<', SH ",-'1'''''''''1 _"J '''(1(\,1", cc: School Board Members Michael Lannon, Superintendent Dan Harrell, School Board Attorney ._ ~..H'¡¡EN·" Sandy Wolfe, Deputy Superintendegtl>- '0,<- .,:' SEAL OF ~ Q BEST c: ¡;: FINANCIAc ~; ~) MANAGEMENT è v.- PRACTICES ~' o BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR DOUGLAS M. ANDERSON September 14, 2006 Mr. Marty E. Sanders, P.E., Executive Director Growth Management, Land Acquisition & Inter-Governmental Relations School Board of St. Lucie County 4204 Okeechobee Road Fort Pierce, FL 34947-5414 Dea~ This is in response to your August 1 ih letter regarding County appointees to the Public Schools Advisory Committee. In that letter you requested that the County appoint one citizen and at least one County staff member to serve on the Committee. Rather than having the County appoint one citizen member, I would suggest that one County Commissioner serve on the Committee and the St. Lucie County School District appoint one member. I would also suggest that rather than having a County staff member serve on the Committee, a County staff member serve as a staff liaison on the Committee. I understand that the 2003 Interlocal Agreement specifies the make-up of the Committee and the parties to the Agreement would have to agree to any changes. Please let me know if these suggested changes to the Advisory Committed are acceptable to the School Board and if so, would you contact the other parties to the Interlocal Agreement to determine if these changes are acceptable to them. I look forward to hearing from you. \ ! Since Iy, / c: Board of County Commissioners Dan Mcintyre, County Attorney JOSEPH F. SMITH DllmCf l~c~1 . DOUG COWAr,D Dlsmc' Ll\\/i:), DISTrlC1 I~G .. F1\AI~t~it HUTCHlr~jOI: [jism~1 J\(1rnlnl:,rrC1í('1 uou(J!CS AnOer5c)r, 2300 I-\\/enu<:: . F'orr Pterc~ F~ -=\.492,~'·-5Ó=/~~ ( Pnon~' (77':::. .::1_é/~::'··c'14~)C (, TDL'\ 772 4,~)::-1~-2E r ~--,-,,..-., ¿1C'n .~ '¡J ,.:., t. e:\1 0: .::·'-II)':':¡"-; "i fitly. ~,/~~:,..i·'-·~!.(I__ Excellence in Education l?rf~7)2~'!~ The School Board of St. Lucie County t. Lù-cie Ooù-nty" 4204 Okeechobee Road Pù.bhc Schools Fort Pierce, Florida 34947 . (772) 429-3600 Board Members Kathryn Hensley. Chairman Dr John CaNelli Vice Chairman Dr Samuel S Gaines Carol A. Hilson Dr Judi Miller Superintendent Michael J. Lannon August 17.2006 Dear Mr. Anderson: '\ Q) V \\1\'- ~I~ ~I , IV rI~ l / )\, ~ 1), () y i \ v II lø'\ l ~r. ~¡. ß.¡(J V f yf / ~ r~ fé1 l,' As you are aware the School Board and the local governments in St. Lucie County has entered into an interloca1 agreement for public school planning in St. Lucie County. Asa part of that agrecment the Schoo] Board agreed to establish a Public Schools Advisn/T Commirrcc for the purpose of reviewing potentia] sites for new schools and proposals for significant renovation and )()tcntw1 closure of existin!2, schools. The aL'Teement states that the School Board and each loca] . - ~ government shall appoint a citizen member to serve on the committee. In addition to citizcn members. the committee is to include appropriate members of Schoo] Board staff and at leas! onc staff member from each of the local governments. For your convenience. I have attached J cop" of the Section 6.1 thru 6.~ of the agreement that addresses the Pubhc SchooLs Advisor:-- Committee. Pubic Schools AdvisOI"Y Committee Mr. Doug Anderson. County Administrator St. Lucie County 2300 Virginia A venue Fort Pierce. FL 34954 Rc: The School District is requesting that the C..9unt)' picase appoint one citIzen member and at least one County staff member serve on the commIttee. We would like 10 hold our first or¡lanizationa] l"Tíêefl11g I1l mid September. so we would appreciate the names ofthc Count:-/s appointecs as soon practicabic. If you have any questions. please feel free to give me a call at (772) 42CJ-364CJ. Sincere1\. 1ìl~ t .JL Mmîy E. Sanders. P.E. . Executive Director Growth Management. Land Acquisition & Inter-Cìovernmemal Relations MES/mti (Or' . .....1.".... School Board !Vi embers "..5I11EN7~ .<:" .' V/ ¡vi ichac] Lannon. Superintendem <Q SEALOC Dan H anc!!. ;)cÌ10() I Board .A. tt()me~' FIN~EN3¿li, - -<'" MANAGEMEf'n t \" rRACTlCE~- .,., Section 6. School Facilities Site Selection. Sim1iticant Renovations. and Potential Schoo! Closures. 6.1 Public Schools Advisorv Committee: The School Board will establish a Public Schools Advisory Committee for the purpose of reviewing potential sites for new schools and proposals for significant renovation and potential closure or existing schools. The Schoo] Board and each Local Government shall appoint a citizen member to serve on the Committee. Based on information gathered during the review. the Committee will submit recommendations to the Superintendent. The Public Schools Advisory Committee will be a standing committee and will meet on an as needed basis. in addition to citizen members. the Committee wil] include appropriate members of School Board staff and at least one staff member from each of the Local Governments. 6.2 Committee Review of Proposed Sites. Renovations. and Closures: When the need for a new school is identified in the District educational facilities plan. the Public Schools Advisory Committee will develop a list of potential sites in the area of need. The list of potential sites for new schools and the list of schools identified in the District educationa] facilities plan for significant renovation and potential closure will be submitted to the Local Government with jurisdiction for an informal assessment regarding consistency with the Local Government comprehensive plan, including, as applicable: environmental suitability. transportation and pedestrian access. availability of infrastructure and services. safety concerns. land use compatibility. consistency with community vision. and other relevant issues. in addition. the issues identified in subsection 6.3 of this Agreement will be considered by both the Local Government and Public Schools Advisory Committee as each site or school is evaluated. Based on the information gathered during this review. for new schools the Committee wil1 make a recommendation to the Superintendent of one or more sites in order of preference. For significant renovations and potential closures. the Committee will make appropriate recommendations. 6.3 Factors Considered: The following factors will be considered by the Public Schools Advisory commIttee. the School Board. and the Locai Governments when evaluating new school sites and significant renovations and potentia! closure of existing schools: (a) The location of schools proximate to urban residentia1 development and contiguous to existing schoo] sites. and which provide logical focal points for community actJvitles and serve as the cornerstone for innovative urban design. including opportunities for shared use and collocation with other community facilities: (b) The locatlon of eìememar~ schools proxImate wand withm walking distance of the residential neighborhoods served: (C) The location 0:' hIgh schools on thc penpncr:, ('>T residemia! nC1ghborhoods. with acces~; 10 111aJo: road,;: (d) Confonnity of the school site location with continued implementation of the School Board's student assignment plan and transportation network: (e) Compatibility of the scho01 site with present and pro.tected uses of adjacent property: (f) Whether existing schools can be expanded or renovated to support community redevelopment and revitalization, efficient use of eXlstmg infrastructure, and the discouragement of urban sprawl: (g) Site acquisition and development costs: (h) Safe access to and from the school site by pedestrians and vehicles: (i) Existing or planned availability of adequate public facilities and services to support the school: (j) Environmental constraints that would either preclude or render cost infeasible the development or significant renovation of a public school on the site: (k) Adverse impacts on archaeologica1 or historic sites listed in the Nationa] Register of Historic Places or designated by the affected \oca1 government as a 10cal1y significant historic or archaeological resource: (1) The site is well drained and the soils are suitable for development or are adaptable for development and outdoor educational purposes with drainage improvements: (m) The proposed location is not in conflict with the local government comprehensive plan, stonnwater management plans. or watershed management plans: (n) The proposed location is not within a velocity fiood zone or flood way. as delineated in the applicable comprehensive plan: (0) The proposed site can accommodate the reauired park111S· circulation and queuing of vehIcles: (p) The proposed location hes outside the area regulated by Sectlon 333.03, F.S" regarding the construction of pubhc educational facilines In the vlcmity of an aIrport: (c.¡) \Vhethc" J site pian and structural desIgn can bt: cievc\oncc: conslstem with an\ architecrur:.¡! guideline:: ovenaV1I1g tht' cntJrl. ..L~ ) ITEM NO. R- 9A DATE: October 10, 2006 AGENDA REQUEST REGULAR (X) PUBLIC HEARING ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Desiree Cimino, Interim Director SUBJECT: Notice of Appeal - Bid Protests - SLC Bid No. 06-084 (Runway 9L-27R and Parallel Taxiway System: Earthwork) BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board uphold the Purchasing Director's recommendation to rule Sitewerks, Inc. non-responsive. COMMISSION ACTION: CONCURRENCE: ~) APPROVED () DENIED ( ) OTHER Coordination/SiQnatures Approved 5-0 County Attorney ( X) Vk' Mgt. & Budget (; ) Other ( ) Purchasing (X) \. ~, Other ( ) Originating Dept. ( ) Finance: (check for copy, only if applicable)_ PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Desiree Cimino, Interim Purchasing Director DATE: September 22,2006 RE: Notice of Appeal - Bid Protest - SLC Bid #06-084 - Runway 9L-27R and Parallel Taxiway System BACKGROUND: On July 12, 2006, submittals received for Bid #06-084 were opened. Below is a summary of the two bids received: Base Bid Add Alternate 1 Add Alternate 2 Add Alternate 3 Add Alternate 4 Total Sitewerks, Inc. $3,315,082.85 $932,385.92 $282,298.51 $237,595.99 $392,091.48 $5,159,454.75 Dickerson Florida, Inc. $3,671,520.00 $1,020,908.00 $383,210.00 $194,480.00 $247,710.00 $5,517,828.00 After review of the proposals, we determined that Sitewerks, Inc. did not meet the Disadvantaged Business Enterprises (DBE) Requirements set forth in the contract documents and required by the Florida Department of Transportation (FOOT). Sitewerks, Inc. committed to provide 0% DBE utilization on this project and did not provide documentation demonstrating a good faith effort to meet the 14.1 % goal, therefore Sitewerks' bid was deemed non-responsive. Dickerson Florida, Inc. submitted a bid that although did not meet the DBE goal, did demonstrate good faith effort. On July 28, 2006, Sitewerks, Inc. sent a Letter of Protest to the Purchasing Department. In accordance with the Purchasing Manual, I consulted with the Assistant County Administrator and the County Attorney concerning the written protest; it was decided that Sitewerks' bid was non-responsive. On August 28,2006, Sitewerks, Inc. appealed the Purchasing Department's decision to the County Administrator and the Board of County Commissioners. I have attached all correspondence from Sitewerks, Inc., the Purchasing Department, and County Administrator; including Sitewerks, Inc.'s request to have their protest heard by the Board of County Commissioners. The FAA is funding 95% of this project. Miguel Martinez, Project Manager for the FAA, stated that the DBE requirements, or at least a good faith effort to meet them, are mandatory for this project. Mr. Martinez further stated that Sitewerks did not even make a good faith effort to meet the requirements and the FAA therefore approves of the County awarding the contract to the next lowest bidder. Attachment #1 July 13, 2006 Diana Lewis Executive Director St. Lucie County International Airport 3000 Curtis King Blvd. Ft. Pierce, FL34946 Re: Runway 9L-27R and Parallel Taxiway System Bid Package 1 (06-084): Earthwork . Recommendation of Construction Contract Award Ms. Lewis: PBS&J has reviewed both sets of proposal documents received at the July 12th, 2006 bid opening for the above referenced project. A tabulation of bids was compiled and a copy is enclosed for your reference. A summary of Bids are as follows: Sitewerks. Inc. Base Bid Add Alternate I Add Alternate 2 Add Alternate 3 Add Alternate 4 $3,315,082.85 $932,385.92 $282,298.51 $237,595.99 $392,091.48 Dickerson Florida. Inc. Base Bid $3,671,520.00 Add Alternate 1 $1,020,908.00 Add Alternate 2 $383,210.00 Add Alternate 3 $194,480.00 Add Alternate 4 $247,710.00 Sitewerks, Inc.submitted the low base bid in the amount of$3,315,082.85. Considering that the two bids were within 10% of each other, and the low bid was approximately 27% below our engineer's estimate of probable construction cost, we feel that the project develòped good interest from contractors and resulted in competitive bids. After review of the proposal documents, we have detennined that Sitewerks, Inc. has not met the DBE requirements set forth in the contract documents. Part V, Section 3 of the Federal Contract Clauses (page FCC-29) states: "Award Documentation and Procedure: All bidders shall certify in the bid proposal their intent to meet or exceed the established goal or to demonstrate good faith efforts to meet the goal. Failure to make such certification or failure to demonstrate good faith efforts will render a bid non responsive. " Sitewerks, Inc. has committed to provide 0% DBE utilization on this project and has provided no documentation demonstrating a good faith effort to meet the goal of 14.1 %. PBS&J finds Sitewerks, Inco's bid non responsive. Based on the available funding, we recommend you award the contract to Dickerson Florida, Inc. for the completion of the Base Bid and Add Alternates 1, 2, and 4, resulting in a total award amount of $5,323,348.00. Should you have any questions, please feel free to contact me at 407-647-7275 ext. 4263. Sincerely, PBS&J Craig S. Sucich, P.E. Project Manager Cc: Bill McGrew, P.E., PBS&J Attachment #2 SITEWERKS, INC. July 28, 2006 St. Lucie County Purchasing Department 2300 Virginia Avenue, Room 228 Fort Piece, FI34982 Re: Runway 9L-27R and Parallel Taxiway System Bid Package I: Earthwork To whom it may concern: Let this letter serve as protest to the award ofthe aforesaid project to Dickerson of Florida. We request a meeting to expand on the following reasons: · The bid items T- 901-1 and 2 do not equal the letter of intent that they are using for minority participation. ~1 ~ · Material hauling is not a bid item and 45,000 + /- cy of material does not máteh -'"' any quantity in the bid. :;;::: ::~:~: · Part III of your specifications, Equal Employment Opportunity Requitèinenr,- plainly states MBE participation can be met with racially diverse emplciymeµt · The difference in the bid does not equate to the cost of minority parti4.iQ.atioµ:; __h' .. -~~ 0 Please contact our office at (772) 564-8281 at your convenience and thank you for ýo-ùr time on this matter. ·_·CJ . - . . fit resident , I I I I ¡ I ¡ Î J í I I I I , Attachment #3 BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT CERTIFIED MAIL - RETURN RECEIPT REQUESTED John Sanders Sitewerks, Inc. 4045 43rd Avenue Vero Beach, Florida 32960 August 21, 2006 RE: Bid Protest - 06-083 Runway 9L-27R & Parallel Taxiway: Earthwork Dear Mr. Sanders: Your letter of July 28,2006, protesting the Consultant's recommendation of award for Bid #06-083 Runway 9L-27R and Parallel Taxiway: Earthwork, to Dickerson Florida, Inc. was received by our office. I have read your letter of protest and also the letter of recommendation of award, received from Craig Sucich of Post, Buckley, Schuh and Jernigan. I have reviewed bid proposals that were submitted by both Sitewerks, Inc. and Dickerson Florida, Inc. Page FCC-29, "Award Documentation and Procedure" of the bid package states: "All bidders shall certify in the bid proposal their intent to meet or exceed the established goal or to demonstrate good faith efforts to meet the goal. Failure to make such certification or failure to demonstrate good faith efforts will render a bid non-responsive." Sitewerks, Inc. has committed to provide 0% DBE utilization on this project and has provided no documentation demonstrating a good faith effort to meet the goal of 14.1 %. Based upon the DBE requirements that were in the bid package (page FCC-29), I concur with Craig Sucich's finding Sitewerks, Inc. bid proposal to be non-responsive. As required by the County's Purchasing Manual, I have consulted with the Assistant County Administrator and the County Attorney concerning your written protest. As your bid has been determined to be non-responsive for the reason setforth above, I do not believe that JOSEPH E. SMITH. District No.1· DOUG COWARD. District No.2. PAULA A. LEWIS. District No..3 . FRANNIE HUTCHINSON. District No.4. CHRIS CRAFT. District No.5 County Administrotor - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 . Phone (772) 462-1700 FAX (772) 462-1704 · TDD (772) 462-1428 \AIoh cito. U1\J¡I\A/ rr"\ C"_,, ,ri.ð. fl lit' Sitewerks, Inc. has standing to protest the award of the contract to another bidder. Notwithstanding your lack of standing, I have determined, based on a recommendation from Post, Buckley, Schuh and Jernigan, the Airport's consulting engineer, that the bid of Dickerson Florida, did demonstrate a good faith effort in obtaining 7.5% DBE participation, as addressed in FCC-29. You have the right to appeal my decision to the Board of County Commissioners by filing a written notice of appeal with the County Administrator within seven (7) days from receipt of this letter. Sincerely, \~~ Desiree Cimino Interim Purchasing Director Copy to: Assistant County Administrator County Attorney Airport Director Craig Sucich, PBS&J FROM :TOTAL GOLF/SITEWERK5 FAX NO. :7725622773 Attachment #4 Allgu~l 28, 2006 SITEWERKStt INC. . !J ¡) ;~t1 ). )~LJ PI' ~/~ / 11 i r ¡ I~y . r LIt II T/ V" f tho . /11 rf,jfl ¡f) ¡¡!pI P() St. Lucie Count.y Dough\~ M. At\der~()n 2300 Virginia A venue Pt. Pierce, FL 34982-5652 Rc: ßid Protcst 06-083 Runway 9L-27R & Parallel Taxiway: Earthwork C ,,~ ß,..J P ì; C· i P' (..0'(.. ~~,~ Dear Mr. Anderson, V_ .~,J f1 T am in 1'eceipt o/'the letter li'om the purch'lsing department dat.ed August 2l, 2006 rejectingyr. our protest and woutd like to appeal to the Board ofColl.nty CorTlmi~skHJ~r~. On July 11,2006 we submitted a bid for $5,153,377.16 and Didœrson submitted $5,517,H28.00 for the above referenced projed. On Monday of the folJowing week we . contacted purchasing to determine how to proceed and were told lhat Dickerson was recommended 1:Ör the pn1jecl.. Purchu..~ing further expJained t.hat we did not have any minority participation in our bid proposal. Our proposal was based on self performance of the work. T do not think we should he required to use or solicit other c(mtntclOrs i"èJr work we can perform ourselve~. We just completed the Ditch Relocation Project al the airport, which was undcr hudget and on time. Our proposal and bond were submitted in the same f011m"tt, to self perform the work, and no problcm~ af()~e from that project. 1 think it is important to notc that Dickerson did not meet 7,511(, DßD tl)l' this bid. The qmmtities in the letters of intent. and the quantitief¡ in the bid for those items did not match. The hid qual1liLies were less. We request a meeting with you é.ll1d the county commissioners to discuss this matter further. We appreciate your attention to tllis matter and hope to here fì'om you soon. 6(. nt 404543 Avenut - Vcro BCIICh, FL 3296() PhOIlC: 772 564-&28! " Fa;·, 77"2. 562·:773 Attachment #5 COUNTY ADMINISTRATOR BOARD OF COUNTY (OMMISSIONERS DOUGLAS M. ANDmSON Via Facsimile September 15, 2006 John H. Sanders S itewerks, Inc. 4045 43rd Avenue Vera Beach, FL 32960 Dear Mr. Sanders: Re: Bid Protest - Runway 9L-27R and Parallel Taxiway (Bid No. 06-083) This letter shall serve to acknowledge receipt of your letter dated August 28, 2006, requesting that your above-referenced bid protest be referred to the Board of County Commissioners for review. Please be advised that the matter will be placed on the Board's agenda for September 26, 2006. The meeting will be held in the Commissioner Chambers located on the third floor ofthe County Administration Annex Building at 2300 Virginia Avenue in Fort Pierce, beginning at 9:00 a.m. //) // ¡( '-J 1- Do glas Mi. Anderson County Administrator DMA/dp Copies to: Board of County Commissioners County Attorney Assistant County Administrator Outlaw Airport Director Interim Purchasing Director JOSEPH E SMITH. DisrricT No.1' DOUG COWARD. DisTrtcr No.? . PAULA 1\. LEWIS. District No. ~\ . Fr~ANNIE HUTCHINSOti. DISTrict No.4' CHP.IS CR,AH Dlsrnn No :' Counrv Adminisrroror - Douglas M. Anoersor· 2300 Virginia Ávenue ( Forr Pierce. FL J49B2-565~' " Phone (772) 462-1450 .' TDD (772) 462-1426 FAX (772) 4é/~'-1ò4b 01 ernoii dougo@coy-Iucie.fl.u' ...........,... rll-::"". \"'\/./\:,' r,." c.!--¡!!rl~.ii.u:· Attachment #6 ST. LUCIE COUNTY INTERNATIONAL AIRPORT RUNWAY 9L-27RAND PARALLEL TAXIWAY SYSTEM BID PACKAGE I: EARTHWORK PART V - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM DISADVANTAGED BUSINESS ENTERPRISES - 49 CFR PART 26 ~~ .' It is the policy of the Owner and the United States or State of Florida Department of Transportation that disadvantaged business enterprises, as defined in the Owner's Disadvantaged Business Enterprises ("DBE") Participation Policy for services as defined in 49 CFR Part 26 shall have equal opportunity to participate in the performance of services contracts awarded by the Owner, including, but not limited to, contracts financed in whole or in part with federal or State funds under this Contract. Consequently, the requirements of the Owner's DBE Participation Policy apply to this Contract. Contract Assurance (§26.13) The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Prompt Payment The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than fourteen (14) days from the receipt of each payment the prime contractor receives from Orlando Sanford Airport. Payments not made to subcontractors within fourteen (14) days of the prime contractor's receipt of payment shall bear interest at the rate of ten percent (10%) per annum, computed beginning on the 14th day after payment is due. The prime contractor agrees further to retu rn retainage payments to each subcontractor within fourteen (14) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Orlando Sanford Airport. The right to receive interest on a payment under this section is not an exclusive remedy, and this section does not modify any remedies available to any person under the terms of a contract or under any other statute. Orlando Sanford Airport shall have the right to terminate the services of any obligor who fails to make prompt payment to any obligee. This clause applies to both DBE and non-DBE subcontractors. DBE Obligation The Contractor agrees to ensure that DBElMWBE firms shall have the maximum opportunity to participate in the performance of contracts for subcontractor services, including, but not limited to, those projects financed in whole or in part with federal or state funds provided under this Contract. In this regard, the Contractor and all subcontractors shall take all necessary and reasonable steps in accordance with the Owner's DBE/MWBE Participation Policies to ensure that DBE/MWBE firms have the maximum opportunity to compete for and perform contracts. The Contractor and any subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of Owner contracts. DBE Administration 1. Eligibility of DBE's: Those firms currently certified as DBE's by the Florida Department of Transportation are eligible to participate as DBE's on this contract. A list of these firms can be . obtained from the State, the consulting engineer, or the Sponsor. Firms certified as DBE's by other states, or other U.S. DOT recipients are subject to the sponsor's acceptance. A bidder may request a review of a potential DBE prior to the bid opening. The bidder should allow ten working days for the sponsor's determination regarding certification of the potential DBE. Previous acceptance of a DBE by the FAA, State or Sponsor does not ensure acceptance on this project. FCC-27 ST. LUCIE COUNTY INTERNATIONAL AIRPORT RUNWAY 9L-21RAND PARALLEL TAXIWAY SYSTEM BID PACKAGE I: EARTHWORK JUNE 2006 BID #06-084 2. Counting DBE Participation Towards DBE Goals: DBE participation toward attainment of the goal will be computed on the basis of the subcontract prices agreed to between the contractor and subcontractors for the contract items or portions of items being sublet, as shown on the DBE Participation Form and attachments. Credit will only be given for use of DBE's that are certified or accepted according to this specification. DBE participation shall be counted toward meeting the DBE goal in accordance with the following: a. Commercially Useful Function: The Sponsor shall count toward the DBE goal only those expenditures to DBE's that perform a commercially useful function in the work of the contract. A DBE performs a commercially useful function when it is responsible for execution of a distinct element of work by actually performing, managing, and supervising that work. To determine if a DBE is performing a commercially useful function, the amount of work subcontracted, industry practices, and other relevant factors will be evaluated. If consistent with industry practices, a DBE shall enter into a subcontract or other contractual written agreement. A DBE Contractor may subcontract a portion of the work up to the amount allowed under standard subcontracting contract provisions of normal industry practices. A DBE is presumed not to be performing a commercially useful function if the DBE is performing outside these guidelines. b. Materials and Supplies: The Sponsor shall count toward the DBE goal the expenditures for materials and supplies obtained from DBE suppliers and manufacturers as described below. The DBE's must assume the actual and contractual responsibility for the provision of the materials and supplies: (1) The entire expenditure to a DBE manufacturer will be counted toward the DBE goal. A manufacturer must operate or maintain a factory or establishment that produces on the premises the materials or supplies that are obtained by the contractor. (2) Sixty percent of expenditures to a DBE regular dealer will be counted toward the DBE goal. A regular dealer must perform a commercially useful function in the supply process including buying the materials or supplies, maintaining an inventory and regularly selling materials to the public. Bulk items such as steel, cement, gravel, stone and petroleum products need not be kept in stock, but the dealer must own or operate distribution equipment. (3) No credit will be given toward the DBE goal, if the prime contractor makes a direct payment to a non-DBE material supplier. However, it will be permissible for a material supplier to invoice the prime contractor and the DBE jointly and be paid by the prime contractor making remittance to the DBE firm and material supplier jointly. (4) No credit, toward the DBE goal, will be given for the cost of materials or equipment used in a DBE firm's work when those costs are paid by a deduction from the prime contractor's payment(s) to the DBE firm. c. Owner-Operator Trucking: The Sponsor shall count toward the DBE goal, the entire delivery fee paid to DBE owner-operators performing trucking for the contractor, if they appear on the contractor's payroll and separate records are furnished to the Sponsor documenting the expenditures. The records shall include for each owner-operator; their social security number; driver's license number; vehicle registration number; current vehicle license number; truck number; and a complete record of the contract fees paid to them. FCC-28 ST. LUCIE COUNTY INTERNATIONAL AIRPORT RUNWAY 9L-27R AND PARALLEL TAXIWAY SYSTEM BID PACKAGE 1: EARTHWORK JUNE 2006 BID #06-084 d. Joint Venture: When a joint venture contract is involved, the Sponsor shall count towards the DBE goal that portion of the contract total dollar value equal to the percentage of ownership and control of each DBE firm within the joint venture. Such crediting is subject to the sponsor's acceptance of the joint venture agreement. The Bidder must furnish the joint venture agreement with the DBE Participation Form. The joint venture agreement must include a detailed breakdown of the following: (1) Contract responsibility of the DBE for specific contract items of work, (2) Capital participation by the DBE, (3) Specific equipment to be provided by the DBE, (4) Specific responsibilities of the DBE regarding control of the joint venture, (5) Specific workers and skills to be provided by the DBE, and (6) Percentage distribution to the DBE of the projected profit or loss incurred by the joint venture. The joint venture must be certified by the sponsor prior to the sponsor submitting the proposal to the FAA. A copy of the sponsor's certification letter must be submitted to FAA along with the DBE Participation Form. 3. Award Documentation and Procedure: All bidders shall certify in the bid proposal their intent to meet or exceed the established goal or to demonstrate good faith efforts to meet the goal. Failure to make such certification or failure to demonstrate good faith efforts will render a bid non responsive. a. DBE Participation Form: The apparent successful bidder must submit with the bid the following information on the proposed DBE Participation Form attached to the Proposal. The information shall demonstrate the contractor's intended participation by certified DBE's. When the required information is not provided by the apparent low bidder the bid will be ruled non responsive and will not be considered. The information furnished shall consist of: (1 ) (2) (3) (4) The names, addresses, contact persons, phone numbers, and category of DBE firms to be used on the contract; A list of the bid items of work to be performed by the DBE and the percent to be credited toward the DBE goal; The dollar value of each of the DBE work items; and If the DBE goal is not met, a statement of why the goal could not be met and a demonstration of the good faith efforts taken to meet the DBE goal. b. Sponsor Evaluation: In selecting the lowest responsible bidder, the Sponsor will evaluate the DBE information provided with the bid. The Sponsor may request additional DBE information and may allow the bidders, up to 7 calendar days after bid submittal to supplement or resubmit information concerning their proposed DBE participation. Prior to awarding the contract the Sponsor will verify verbally and/or in writing that the information submitted by the apparent successful bidder is accurate and complete. FCC-29 ST. LUCIE COUNTY INTERNATIONAL AIRPORT RUNWAY 9L-27R AND PARALLEL T AXIW A Y SYSTEM BID PACKAGE 1: EARTHWORK JUNE 2006 BID #06-084 c. Good Faith Efforts: If the bidder is unable to meet the DBE goal, the bidder must submit evidence of good faith efforts taken to meet the goal. Good faith efforts conducted after the bid opening will not be considered adequate to fulfill these bid requirements. Good faith efforts may include but are not limited to: (1) Efforts to select portions of the work for performance by DBE's, in order to increase the likelihood of achieving the DBE goal. This can include, but is not limited to, breaking down contracts into economically feasible units to facilitate DBE participation. Selection of portions of work shall be at least equal to the DBE goal. (2) Written notification to individual DBE's likely to participate in the contract sent at least 7 calendar days prior to the bid opening. The notification shall list specific items or types of work and shall be sent to a reasonable number of DBE's qualified to participate in the contract. Efforts to negotiate with DBE's for specific items of work including: (3) (a) Names, addresses, and telephone numbers of DBE's who were contacted, the dates of initial contact and information on further contacts made to determine with certainty if the DBE's were interested. Personal or phone contacts are expected; (b) Description of the information provided to the DBE's regarding the plans, specifications and estimated quantities for portions of the work to be performed; (c) Individual statements as to why agreements with DBE's were not reached; and (d) Information on each DBE contacted but rejected and the reasons for the rejection. (4) Efforts to assist the DBE's that need assistance in obtaining bonding, insurance, or lines of credit required by the contractor. (5) Documentation that qualified DBE's are not available or not interested. (6) Advertisements in general circulation media, trade association publications and disadvantaged-focus media concerning subcontracting opportunities. (7) Efforts to use the services of available disadvantaged community organizations; disadvantaged contractor's groups; local, state and federal disadvantaged business assistance offices; and other organizations that provide assistance in recruitment and placement of DBE's. The demonstration of good faith efforts by the contractor must prove the contractor actively and aggressively sought out DBE's to participate in the project. The following actions would not be considered acceptable reasons for failure to meet the DBE goal and would not constitute a good faith effort: (1) (2) (3) (4) (5) (6) The DBE was unable to provide adequate performance and/or payment bonds. A reasonable DBE bid was rejected based on price. The DBE would not agree to perform the subcontract work at the prime contractors unit bid price. Union versus non-union status of the DBE firm. The prime contractor would normally perform all or most of the work included in this contract. The prime contractor solicited DBE participation by mail only. FCC-30 ST. LUCIE COUNTY INTERNATIONAL AIRPORT RUNWAY9L-27RAND PARALLEL TAXIWAY SYSTEM BID PACKAGE 1: EARTHWORK JUNE 2006 BID #06-084 4. Post Award Compliance: If the contract is awarded on less than full DBE goal participation, the contractor is not relieved of the responsibility to make a determined effort to meet the full goal amount during the life of the contract. In such a case, the contractor shall continue good faith efforts throughout the life of the contract to increase the DBE participation to meet the contract goal. If a DBE is unwilling or unable to perform the work specified, the contractor shall request from the Sponsor and FAA, relief from the obligation to use that DBE. Efforts will be made by the contractor to acquire from the DBE a letter which states the reason the DBE is unwilling or unable to complete its obligations under the project. If this results in a DBE contract shortfall, the contractor shall immediately take steps to obtain another certified DBE to perform an equal dollar value of allowable credit. If a new DBE cannot be found, the contractor shall submit evidence of good faith efforts within 15 calendar days of the request for relief. The contractor shall submit the new DBE's name, address, work items and the dollar amount of each item. The sponsor and the FAA shall approve the new DBE before the DBE starts work. If the contractor fails to conform to the approved DBE participation or if it becomes evident that the remaining work will not meet the approved participation, then the contractor shall submit evidence showing either how the contractor intends to meet the DBE participation, or what circumstances have changed affecting the DBE participation. If the sponsor is not satisfied with the evidence, then liquidated damages may be assessed for the difference between the approved and actual DBE participation. 5. Records and Reports: The contractor shall keep records as necessary to determine compliance with the DBE obligations. The records shall include but are not limited to: a. Record of DBE Participation: The names of disadvantaged and non-disadvantaged subcontractors, regular dealers, manufacturers, consultant and service agencies; the type of work or materials or services performed on or incorporated in the project; and the actual value of such work. b. Efforts to Utilize DBE Firms: Documentation of all efforts made to seek out disadvantaged contractor organizations and individual disadvantaged contractors for work on this project. All correspondence, personal contacts, telephone calls, etc., to obtain the services of DBE's should be documented. c. Final DBE Certification: Upon completion of the individual DBE firm's work, the prime contractor shall submit a certification attesting to the actual work performed by the DBE firm and the amount paid the DBE firm. This certification shall be signed by both the prime contractor and the DBE firm. END OF SECTION FCC FCC-3! Attachment #7 ~y -P', PçPD mttJ PI·t) Adm RESOLUTION NO. 06-220 A RESOLUTION APPROVING THE 2007 DISADVANTAGED BUSINESS ENTERPRISES ("DBE") PLAN FOR THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT, AUTHORIZING THE SUBMISSION OF THE 2007 DBE PLAN TO THE FEDERAL AVIATION ADMINISTRATION CIVIL RIGHTS OFFICE FOR REVIEW AND APPROVAL, AND AUTHORIZING PUBLICATION OF THE 2007 DBE GOAL FOR REVIEW AND COMMENT WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, has made the following determinations: 1. Pursuant to 49 CFR Section 26.21, entities who receive funding from the United States Department of Tmnsportation ("DOT") through the Federal Highway Administration, Federal Transit Administmtion, and/or the Federal Aviation Administration at or above specified levels and let DOT-assisted contracts are required to a.dopt Disadvantaged Business Enterprise ("DBE") Programs in accordance with the provision of 49 CFR Part 26. 2. In accordance with 49 CFR Section 26.21, the County is required to adopt a disadvantaged business enterprise ("DBE") program for such federally assisted projects to ensure that DBEs have an equal opportunity to receive and participate in DOT-assisted contracts in St. Lucie County. 3. On February 26,2002, the Board adopted Resolution No. 02-78 which established a DBE Program in accordance with 49 CFR Section 26.21. 4. The County receives significant funding from the Federal Aviation Administration and State of Florida Department of Transportation for the St. Lucie County International Airport. 5. On May 23, 2006, the Board adopted Resolution No. 06-178 which amended the DBE Program to identify the Airport Director as the DBE Liaison Officer for projects at the 81. Lucie County International Airport. 6. Pursuant to 49 CFR 26.21 and the adopted S1. Lucie County DBE Program, it is necessary to approve a 2007 DBE Plan for the 81. Lucie County International Airport. NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of 81. Lucie County, Florida: 1 1. This Board hereby approves and adopts the amendments to the 2007 DBE Program for the St. Lucie County International Airport, a copy of which is attached hereto and incorporated herein as Exhibit "A," 2. This Board directs the County Administrator to submit the 2007 DBE Program for the St. Lucie County International Airport to the Federal Aviation Administration Civil Rights Office for review and approval. 3. This Board further directs the County Administrator to publish notice of the 2007 DBE Program goal for the St. Lucie County International Airport for the purpose of public review and comment. After motion and second the vote on this resolution was as follows: Chainnan Doug Coward AYE Vice Chairman Chris Craft AYE Commissioner Paula A. Lewis AYE Commissioner Joseph Smith AYE Commissioner Frannie Hutchinson AYE ATTEST: g:\atty\resoltn\2006\06-220. wpd 2 ST U'CIE COl'Nn- INTERNA"nONAL AIRPORT R\fNWA Y 9[~27R AND PAR¡\].LEL T;\XIW A Y SYSTEM RID PACKAGE I: EARTHWORI-: Attachment #8 LETTER OF INTENT Disadvantage Business Enterprise (This page shall be submitted for each OBE firm) Bidder/Offer Name: Sitewerks, Inc. Address: 4045 43rd Avenue City: Vero Beach State:-.E!: Zip: 32960 N/A DBE Finn: DBE Firm: Address: City: State:_ Zip:· DBE Contact Person: Name: Phone: ( DBE Certifying Agency: Expiration Date: Each DBE Firm shall submit evidence (such as a photocopy) of/heir certíñcation status. Classification: DPrime Contractor o Manufacturer Dsubcontractor DSupplier DJoint Venture Work ¡tem(s} I I to be perfonned Description of Work Item Quantity Total by DB€-_ ---.I All work for this project is being perform-etÎ in-hoUse ! :~-.- m _____.___nn_._~---------- _ - 1-·- . I I The bidder/offeror is committed to utilizing the above-named DBE firm for the work described above. The estimated participation is as follows: DBE contract amount: $ Percent of total contract: % A FFfRMA170N: The above-named DBE firm affirms that it will perform the portion of the contract for the estimated dollar value as stated above. By: (Signature) Vice President (Titte) In the event the bidder/offeror does not receive award of the prime contract, any and alf representations in this Letter of Intent and Affirmation shalt be null and void. 85-2 I I I I I I I t I I ¡ I ST l.lICIE COUNn' INTFRNXI1(J'J:\1, ;\IRPORT RI ~W ,\Y <JI.-HR AND P/\R¡\LLH. TA.\IW ,\ Y SYSTEM BID P:\CK¡\()E I: EARTHWORK J\::':E 200(, ßID ~06-0~4 UTILIZATION STATEMENT Disadvantage Business Enterprise The undersigned bidder/offeror has satisfied the requirements of the bid specification in the following manner. (Please mark the appropriate box) o The bidder/offeror is committed to a minimum of 14.1% DBE utílization on this contract. x j( The bidder/offeror, while unable to meet the DBE goal of 14.1%, hereby commits to a minimum of 0 % DBE utilization on this contract and also submits documentation, as an attachment, demonstrating good faith efforts (GFE). The undersigned hereby further assures that the information included herein is true and correct, and that the DBE firm(s) listed herein have agreed to perform a commercially useful function in the work items noted for each firm. The undersigned further understands that no changes to this statement may be made without prior approval from the Civil Right Staff of the Federal Aviation Administration. Sitewerks, Inc. Bidders/Offer 7/11/06 Date DBE UTILŒADON SUMMARY Contract Amount OBE Amount Contract Percentage DBE Prime Contractor $ x 1.00 = $ DBE Subcontractor $ x 1.00 = $ DBE Supplier $ x 0.60 = $ DBE Manufacturer $ x 1.00 = $ % % % % Total Amount DBE All work for this project is bCSing performed in house % DBE Goal $ % · If the total proposed DBE participation is less than the established DBE goal, Bidder must provide written documentation of the good faith efforts as required by 49 CFR Part 26. 85-1 ST. LUCIE COUNTY INTERNATIONAL AIRPORT RUNWAY 9L-27R AND PARALLEL TAXIWAY SYSTEM BID PACKAGE 1: EARTHWORK JUNE 2006 BID #06-084 UTILIZATION STATEMENT Disadvantage Business Enterprise The undersigned bidder/offeror has satisfied the requirements of the bid specification in the following manner. (Please mark the appropriate box) o The bidder/offeror is committed to a minimum of 14.1% DBE utilization on this contract. if The bidder/offeror, while unable to meet the DBE goal of 14.1%, hereby commits to a minimum of ì. S % DBE utilization on this contract and also submits documentation, as an attachment, demonstrating good faith efforts (GFE). The undersigned hereby further assures that the information included herein is true and correct, and that the DBE firm(s) listed herein have agreed to perform a commercially useful function in the work items noted for each firm. The undersigned further understands that no changes to this statement may be made without prior approval from the Civil Right Staff of the Federal Aviation Administration. JJi c.ke..rSDn F lor i WnC'/ . Bidder's/Offeror's Firm Name ~'ì_~J-- 'gnatur - J IN 1'-( I a, é1-'CQ.p Date DBE UTILaATION SUMMARY Contract Amount DBE Amount Contract Percentafle DBE Prime Contractor $ 0 x 1.00 = $ 0 C:> % DBE Subcontractor $ 2."1' 0 (~ x 1.00 = $ '"2..ìC.ol~ 1.5 % DBE Supplier $ 0 x 0.60 = $ C> c:> % DBE Manufacturer $ b x 1.00 = $ c> 0 % Total Amount DBE $ ~ 'l ~ (~ 5 % DBE Goal $ S {7b~'j /4.. L% * If the total proposed DBE participation is less than the established DBE goal, Bidder must provide written documentation of the good faith efforts as required by 49 CFR Part 26. B5-1 SEP 27,2004 13:07 '" <l -468 9Ff -4 000-000-00000 page 2 lJIcllér$QlI Honda 10."~·13~')I 1)1-H-'OOfi ') /2 ST. UJ(;I£ COtJ1II1Y INTERNA. TION At t\lRJ'ORT RUNWA Y 'L-17R AND PAJW..UL TAXIW,\ Y 8YBrEM gJf)Pt\CkAO£ J: EARTIlWOax J( INE :JOO¡ !!lD~ 81ddtr1Otfw LETTER OF INTENT . ~eu.m.aEn~ (7ñts page shall be $ubnitted for each DeE firm) ":t) t.- ~k:eqs~ù -ç-l.~~. ëÆ I +t..Jc.. Narne:.tl ~ l I (j t.. ~í:; J [¡'fll'bt J"tov3t .. ,.'//i I'V 7 ß,.~/:;...,~ ).': -1'1/1:. A~.: ~.¡ry.; "'t¡-' /:l)¡, '''tee; RD f>,[) 75-=:.~ ~u::): City; 1-4- M CI<'( ~ stllt..: Fi Zip: ~:? <tCf S" ~ DSE FIrm: DeE FIrm: ¡-J¡ I H)¡(" You ¿II-J.() ~(APf: of /)h7¡I\ITr-'J\/"'A..{((~?rI( A4Q~:.3t'}-00 I{~ 6iJl.Vlit'll.J) /êf) = City, r -I O. rrt ( stat.: t= I ZIp:..3 V ~¡ I DBE ConDct 1'ws0lt: Name: Kun bt'"~ Iv "'..../, '11.-6> Phone: fJ.l¿) </ ¡;ç. - r/'77'7 r DBE CertJlylng Agw,cy: t \,ic)m¡:)..J j.B~ [} ¡(/'PIN'I 7 C /I.Jc:&pIratIon Date: A ç:..þ/~ J') IéJ ft.. E«:h DBE Rtm WJI suIJtt*~ (SUCh as a ~ øltIIW cørtmceIion 8l8lu&. ""--""'Vf'TI C"'''tIon: OPrime ContJ'8Ctlr ~ntractor DManur.cturer OSUPPffer DJoh Venue Desttlpflon 01 Wot* Item QuentIIy. Ttllal The bltderJofferor 1$ commiUed tD utilizing the above-named DBE firm Ibr the WórIt desctibed above. The estimated JHtI1/cfpatlon Is I' follOws: Dee c:onInIc;t amount: $ ¡tiS /</0. !J a Perœnt of tDbIC contrac:u'Ø 'WI AFRRMAtrON: The aboYe--named Dee ttnn afflm1s that It wìtI petbm the portion 0' the contract tor the estJmated doIar l/allJe as ~ted Tve. Øy:~ (Aid£' (!:;ð(liJbll In 1M twnt the b/ddttlolfwolr doer not tteeM fIWInl 01 1he prttr,. c~ my ød .. ~ In thIS L.tw of Imltt IIItd AWlmNdIon shllll be nulllltd 'IO/d. B:J..2 ct."u ?') I')/)(\JI 1".,.,.... T'\Trvt:''QC'I'\~I....T ("\'DT ~"'1,) ACO n?1A Jul 11 06 07:35p 772 46¿¡ 9714 Dickerson Florida 11;32:44 a.m. 07-11-2006 p.3 2/2 ST. LUCIE <XXJNIY 1NTEINA1IONAL AW'ORT RUNWAY 'L-71R AND pAKAUJ!L TAXIWAY SYS1"EJol BmPACUGE I: EAmIWOU JUNE 2COIí BID f06.OI4 BIddf¡;,/OIAn L.En"ER OF INTENT DlSIlIdVllntlIge &ølneu EtrIø'prIs. (This page shaJJ be subrrittBd for each DBE firm) Name: \) ~ c..kct<.. ~ .:) J .J:'L ~f< 1-"ûA (":t t-.lè.. Address: 'P c) t6 ù '"I' q ( (;:) City: f::'"'j p\ «='<..c. \2 State:t=L Zip: -:s- y~ 5:.'-1 Dee Fmt tJ. c. U1J'II..1I77311/IÑ<;h BA (J. C. ~.lÀ'Ø Address: P.O. llOK /ð" 3~ CIy: En/lð.eA BOK# SfIfte:-E!...ZJp: ":.3~/,? DBE FIlm: DBE COnIKt Pwson: Name: ().5HtJIJJ· CLAi2..~£ Phone: cJl/) 1',..;1 - /33..> DBE CWtI)Inf A(tIncy: r .lJnr Expiration Date: Each DBE Fltm shill mbmit evfdlnce (such &f . p/Iotoc(Jpy) øfthlJir 0tJtt1tIœt/0n statœ. ~: DPrime Contrador OManufactLnl' _Subcontractor [JSupplier DJoint Venture War.t JlwII(s} to ". ,»funDed DBE DescdpfIaø alWadr,.... JAL Total The bidderfoferor is commlled 10 utiizing the abow-named DBE finn for the WOf1c desaibed ahow. The estim8ted p8ftJcipati0n is as follows: œeconbact~ s I "So S"13 Perœntoftofalcontract: t "0" AFRRJlAT1ON: The aboYe-nned CBe Inn atIrms that it wII peIfonn the portion of the contract for the estImated dollar va~as~__ - -: . . By ~~~nn_ __ PliES /DroT .. fTfIIe} In the ..;e;,,';;' ÞIdtt:Itw/ull'ertw does not rec.w. lIWWd at thfI prime conhc(, my and .. l8pff1SentlIIkHJS III this l..etteT of InIBnt 8IHI AJrkmdon shall be null MId void. ßS.2 Jul 11 OS 07: 35p p.4 BIZNET Main Page 1 of 1 BizNet Profile: O.C. TRUCKING INC. .. ."'_.. .... ................. .. ..) .... J... , ' Þ.._......l... .' . ... ,. . Name: O.C. mUCKING, INC. Business Description: Specialized Freight (except Used Goods) Trucking, Local Street: 8885 AVOCADO BLVD. City: WEST PALM BEACH State: FL Zip: 33412 County: PALM BEACH District: DISTRICf FOUR Phone: (561) 842-1335 Fax: (561) 842-7998 E-mail: Wark Location: County: ST. LUCIE BROWARD INDIAN RIVER MARTIN PALM BEACH District: DISTRICT FOUR Contact: OSMOND CLARKE UCP Cert. DBE State Cert..: OBE UCP Certifying Member: FDOT First SC: TRK First NAlCS: 48422 2nd SC: 530 3rd SC: 190 4th SC: 5th SC: 6th SC: 7th SC: 8th SC: 9th SC: 10th SC: 2nd NAICS: 3rd NAICS: 4th NAlCS: 5th NAlCS: 6tb NAlCS: 7th NAICS: 8th NAlCS: 9th NAlCS: 10th NAICS: NOTE: OBE stands for Other Business Enterprise indicating that the firm is not certified. . ~. ," .._,.~.. " l,. .f , . " " " .. ,. ..', .~ , .' . ~... .' BizNet Copyright 1995-2005 Business InnQvations Plus. Inc. All Rights Reserved. 'httn:/Iwww.biDincwebaDPS.cotnlbiznetfloridalprofile.asp'lBUSN0==918 7/1112006 19 3Ð~d 003 100.;1 E>L8Þ-ÞIÞ-9Sa H:E I 9BB~/ttlLe · DICKERSON FLORIDA, INC. A COMPANY OF THE DICKERSON GROUP. INC. July 12, 2006 RE: DBE Good Faith Effort To Whom It May Concern: Dickerson Florida, Inc. has contacted all known DBE's performing the work not self performed for this project and they are included in our goal. We have found only two subcontractors performing the types of work available on this project. The number of tasks are limited on this project, mostly consisting of earthwork and drainage creating limited opportunities beyond our control. We have also contacted SPS Contracting, who in the past was a DBE and is currently performing work for us on another SLC Airport project. They have not renewed their status this year and therefore are not able to contribute to the goal. Sincerely, P.O. Box 910 · Fort Pierce, Florida 34954-0910 (772) 429-4444 Fax (772) 429-4445 WEISS. HANDLER. ANGELOS & CORNWELL, P.A. Attachment #9 cv......,... r\._' .......,.. _, I ._.... CYNTHIA G. ANGELOS'· STEPHANIE S. COLLISON· T WILLIAM .J. CORNWELL" DAVID K. FRIEDMAN ROBERT BLAIR GOLDMAN ANTHONY P. GUEìTLER HENRY B. HANDLER CAROL A. KARTAGENER·:· ANNETTE .J. SZOROSY HOWARD I. WEISS'" NORMA ECHARTE WIENER ATIORNEYS AT LAW 10521 SW VILLAGE CENTER DRIVE SUITE 101 PORT ST. LUCIE, FL 34987 PORT ST. LUCIE (772) 345-5297 (LAWS) FAX (772) 345-5296 WWW.WEISSANDHANDLER.COM (-MAIL CANGELOS@WHACLAWS.COM ONE BOCA PLACE 2255 GLADES ROAD SUITE 218A BOCA RATON, FLORIDA 33431 BOCA RATON (561) 997-9995 PALM BEACH (561) 734-8008 OF COUNSEL RAOUL LIONEL FELDER + HARRY WINDERMAN , FL, VA BARS " FL, GA BARS · . 'FL. NY BARS . ADMITTED UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA + NY BAR, NOT ADMITTED IN FL September 25,2006 .;. BOARD CERTIFIED MARITAL & FAMILY LAW fla:t: .~ERTIFIED CIRCUIT CIVIL .ö '~,~ MEDIATOR . cr ~ .~ \ ¿~~ ~ ~~ VIA HAND DELIVERY Daniel McIntyre, Esq. County Attorney St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982 Re: SLC Bid No: 06-084 - Runway 9L-27R and Parallel Taxiway System ("Project) Bid Protest by Sitewerks, Inc. Dear Mr. McIntyre: We represent Sitewerks, Inc. ("Sitewerks") with regards to the referenced Bid Protest. Sitewerks is a licensed general contractor authorized tol1o business in St. Lucie County. Sitewerks is a reputable contractor qualified to perfonn all ofthe work required for Bid # 06-084 ("Bid") pursuant to section 2.19 of the Bid Documents and Specifications for St. Lucie County ("County") International Airport Ft. Pierce, Florida ("Airport"). In addition, Sitewerks has an excellent working relationship with the County, and has recently completed the St. Lucie County International Airport Ditch Relocation Project Bid No. 06-055. The Ditch Relocation Project was completed by Sitewerks on time and under budget. On or about June 11, 2006, Sitewerks received and invitation to bid the above referenced Project. On June 26, 2006, Sitewerks attended a mandatory pre-bid fØ conference held at the St. Lucie County International Airport Tenninal. On or about July 12, 2006, Sitewerks submitted a complete and responsive Bid to the St. Lucie County Purchasing Department in compliance with the Bid Documents and Specifications for St. _~. (112 ~ Lucie County Iuternational Airport Ft. Pierce, Florida ("Bid Documents"). ~J ~ J¿, \p\ ..JJ J'Yh ~Si' Daniel McIntyre, Esq. County Attorney St. Lucie County September 25,2006 Page 2 On July 13, 2006 the engineer of record, PBS&J ("Engineer"), sent a letter to Dianna Lewis Executive Director of the Airport making a "Recommendation of Construction Contract Award". According to the bid summary prepared by the Engineer, there were two bids submitted for this Project: one by Sitewerks totaling $5,159,454.75 and one by Dickerson Florida, Inc. ("Dickerson") totaling $5,517,828.00. The Sitewerks bid was $358,373.25 lower than the Dickerson bid. However, the Engineer recommended that the County award the Bid to Dickerson because in the Engineer's opinion, the Sitewerks bid was "non responsive". The Engineer stated that Sitewerks "has not met the DBE requirements set forth in the contract documents"; therefore, the Sitewerks bid was non responsive. The Engineer relied on Part V, Section 3 of the Federal Contract Clause which states: "Award Documentation and Procedure: All bidders shall certify in· the bid proposal their intent to meet or exceed the established goal or to demonstrate good faith efforts to meet the goal. Failure to make such certification or failure to demonstrate goodfaith efforts will render the bid non responsive. " In making their determination, the Engineer relied on the Disadvantage Business Enterprise Program ("DBE Program") criteria set forth on Federal Contract Clause 27 - 29, which was made part of the Bid package for this Project. The DBE Program was designed to protect against discrimination of subcontractors on the basis of race, color, national origin and sex. Under Part V of the DBE Program, the contractor's obligations are as set forth as follows: "DBE Obligation The Contractor agrees to ensure that DBE/MWBE firms shall have the maximum opportunity to participate in the performance of contracts for subcontractor services. including, but not limited to, those projects financed in whole or in part with federal or state funds provided under this Contract. As stated above, the DBE Program is only applicable is situations where the general contractor is awarded a contract, financed by federal or state funds, and uses "subcontractor services" to perform under the contract. The DBE Program criteria does not apply to general contractors, who obligate themselves to perform all of the work under the contract "in house" and without the use of "subcontractor services". Pursuant to the Letter of Intent of the DBE Program, which was submitted as a part of the Sitewerks bid, Sitewerks obligated itself to perform all of the work under the contract "in house" with their employees, and without the use of "subcontractor services". In comparison, Dickerson expressed their intent to perform some or all of the work under the contract through the use of subcontractor services. Accordingly, Daniel McIntyre, Esq. County Attorney St. Lucie County September 25,2006 Page 3 Sitewerks is not subject to the requirements of the DBE Program. Hence, while Dickerson is subject to the requirements of the DBE Program, which we believe they failed to adhere to, the determination by the Engineer that the Sitewerks bid was non- responsive was incorrect. In addition, the intent of the DBE Program is not defeated in this instance if Sitewerks is awarded the bid by the County. Sitewerks has certified in its bid that it "has participated in any previous contract or subcontract subject to the Equal Opportunity Clause prescribed by Executive Order 11246, as amended". Also, Sitewerks is in compliance with all applicable Federal employment laws governing their business and is committed to a diverse work force. Furthermore, Sitewerks has executed the Certification of Nonsegregated Facilities affidavit which was made a part of this bid package. In examining the DBE Program information submitted by Dickerson as a part of the Dickerson bid, we noted several details as to their DBE participation. Dickerson lists two DBE contractors as part of their bid. The first DBE contractor listed in the Dickerson bid is "All for you Landscape and Maintenance, Inc." According to the information in the Dickerson bid, "All for you Landscape and Maintenance Inc." is not currently DBE certified; instead, their DBE certification has been "applied for". The second DBE contractor listed in the Dickerson bid did not set forth the "work item(s) to be performed by DBE". This is important because DBE participation is only relevant as it relates to the base bid. Here the DBE contractor participation is not linked to any specific Bid item making it difficult to determine the type of work to be performed by the DBE contractor and the percentage of the contract that work represents. It appears that the Dickerson Bid is actually the bid that is non-responsive. Furthermore, in a situation where the low bidder (Sitewerks) is not awarded a government contract based on a mere technicality in the low bidder's application, Florida case law provides as follows: If a low bidder provided prima facie evidence that it submitted a complete bid, any reasonable person would conclude that it was arbitrary for a governmental agency to reject that bid merely because a technical document cannot thereafter be found As the Third District has noted: There is a very strong vublic interest in favor of saving tax dollars in awarding vublic contracts. There is no public interest, much less a substantial public interest, in disqualifYing low bidders for technical deficiencies inform, where the low bidder did not derive any unfair Daniel McIntyre, Esq. County Attorney St. Lucie County September 25, 2006 Page 4 competitive advantage by reason of the technical omission." Overstreet v. FDOT. 608 So. 2d 851,854, FL 2nd DCA 1992. For the reasons stated above, the Consulting Engineer's position and that of the St. Lucie County Purchasing Department is incorrect in its determination that the Sitewerks bid was non-responsive. Equally as important, the Consultant and the Purchasing Department are incorrect in its recommendation to award Bid #06-084 to Dickerson Florida, Inc. Clearly, there is nothing in the record to justify awarding the bid to the higher bidder paying an additional $358,373.25 of taxpayers' money to perform this work, especially in this critical time of budget shortfalls. The St. Lucie County Board of County Commissioners should award Bid #06-084 - Runway 9L-27R and Parallel Taxiway System to Sitewerks, Inc. Very truly yours, WEISS, HANDLER, ANGELOS & CO WELL, P.A. CGA/kld cc: Daniel S. McIntyre, County ttorney Doug Anderson, County Administrator Doug Coward, Chair, S1. Lucie County Commission Desiree Cimino, Interim Purchasing Director Diana Lewis, Airport Director Craig Sucich, PBS&J Engineering Client A G. ANGELOS e Firm S:\CLIENTS - PENCIL\SITE WERKS INC\L-MCINTYRE-I .doc Attachment #10 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA FROM: Desiree Cimino, Interim Purchasing Director Heather Sperrazza Lueke, Assistant County Attorney '(is L TO: C.A. NO.: 06-1578 DATE: September 26,2006 SUBJECT: Bid Protest - Sitewerks, Inc. ************************************************************************************* On September 26, 2006, I spoke with James Brame, the External Project Manager for the Federal Aviation Administration. Mr. Brame stated that, in order to receive the grant funds from the FAA, the County must comply, or show a good faith effort to comply, with the Federal Disadvantaged Business Enterprise Requirements. Sitewerks, Inc., in the attached letter from its attorney, has stated that it could not use DBE certified subcontractors because it would not use any subcontractors at all on this project. Mr. Brame stated that, in order to be considered for this project, Sitewerks, Inc. must either use or attempt to use DBE certified subcontractors. He further stated that the fact that Sitewerks, Inc. would be doing all of the work in-house does not exempt it from the DBE requirements. Sitewerks, Inc.'s bid documents, by stating that it would do all work in-house, did not even show a good faith attempt to comply with the requirements of the grant. Mr. Brame stated that the County would not be in compliance with the grant agreement with the FAA if we were to hire a contractor who did not comply or attempt to comply with the DBE Requirements. CC: Diana Lewis, Airport Director Daniel S. McIntyre, County Attorney · INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Desiree Cimino, Interim Purchasing Director FROM: Heather Sperrazza Lueke, Assistant County Attorney fflL- C.A. NO.: 06-1613 DATE: October 3, 2006 SUBJECT: Bid Protest - Sitewerks, Inc. *****************************************************...***************************** This office has received Sitewerks' "Response to Inter-Office Memorandum," dated September 29, 2006. After careful review of the issues raised by counsel for Sitewerks, I remain of the opinion that Sitewerks' bid was non responsive. The FAA's "Terms and Conditions of Accepting Airport Improvement Program" requires the County to comply with several Federal regulations, including 49 CFR Part 26. 49 CFR §26.53(a) states, in relevant part: (a) When you have established a DBE contract goal, you must award the contract only to a bidder/offeror who makes good faith efforts to meet it. You must determine that a bidder/offeror has made good faith efforts if the bidder/offeror does either of the following things: (1) Documents that it has obtained enough DBE particiation to meet the goal; or (2) Documents that it made adequate good faith efforts to meet the goal, even though it did not succeed in obtaining enough DBE participation to do so. The regulation does not have an exception for contractors that obligate themselves to perform all of the work in-house. Counsel for Sitewerks states that the Federal Regulations "cannot be read to require contractors to hire subcontractors to perform under the contract." However, that is exactly what §26.53(a) does. If a contractor wishes to work on a project paid for with this Federal grant, the contractor must either meet the DBE goals or show a good faith effort to meet the DBE goals. Sitewerks has done neither. Therefore, in order to be in compliance with our FAA grant, the County cannot award the contract to Sitewerks. Counsel for Sitewerks further opines that the County is "estopped from finding the Sitewerks bid to be non responsive based on its history of finding similar applications to be responsive.// Specifically, Sitewerks refers to a project it was awarded in May 2006, the Airport Ditch Relocation Project Bid No. 06-055. Sitewerks was awarded this contract despite having not ¡. reached or attempted to reach the DBE goals set for the project. Counsel for Sitewerks states that the County cannot enforce the DBE requirements now when we did not enforce them for the previous contract. This statement is incorrect. First, the Ditch Relocation Project was funded by FDOT, not the FAA, and FDOT may not have required that the County reject the lowest bidder if the rejection was based solely on failure to meet the DBE requirements. Second, even if FDOT was as strict as the FAA with regard to DBE requirements, this would only mean that the County awarded the Ditch Relocation Project to Sitewerks in error. Even assuming that the County committed an error in the prior award, the County is not now obligated to repeat this same error in the current project. CC: Diana Lewis, Airport Director Daniel S. McIntyre, County Attorney , ITEM NO. R-9B DATE: 10/10/06 AGENDA REQUEST REGULAR (X) PUBLIC HEARING ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING Desiree Cimino, Interim Director SUBJECT: Award of Bid #06-084 - Runway 9L-27R and Parallel Taxiway System BACKGROUND: Please see the attached memo. FUNDS AVAilABLE: Funds will be available in FY06/07 in Account #140133-4220-563000- 48006 (I nfrastructu re ) PREVIOUS ACTION: Please see the attached memo. RECOMMENDATION: Staff recommends that the Board award Bid #06-084 to the second low bidder, Dickerson Florida, Inc. for the completion of the base bid and alternates 1, 2, and 4, resulting in a total award amount of $5,323,348.00 and authorize the Chairman to sign the Contract as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: be] APPROVED [] DENIED [ ] OTHER: Approved 5-0 ~ County Attorney: ( X) ~ Coordinatio n/Sianatures Mgt. & Budget,c ~ W Þ ~ Other: Purchasing Oir.: (X) \ SJo , Other: Originating Oept: Finance: (Check for Copy only, if Applicable) ¡ PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Desiree Cimino, Interim Purchasing Director DATE: September 19, 2006 RE: Award of Bid #06-084 - Runway 9L-27R and Parallel Taxiway System BACKGROUND: On July 12, 2006, submittals received for Bid #06-084 were opened. One thousand one hundred and eighty-two (1182) companies were notified, thirty documents were distributed, and two (2) submittals were received. Below is a summary of the two bids received: Base Bid Add Alternate 1 Add Alternate 2 Add Alternate 3 Add Alternate 4 Total Sitewerks, Inc. $3,315,082.85 $932,385.92 $282,298.51 $237,595.99 $392,091.48 $5,159,454.75 Dickerson Florida, Inc. $3,671,520.00 $1,020,908.00 $383,210.00 $194,480.00 $247,710.00 $5,517,828.00 After review of the proposals, we determined that Sitewerks, Inc. did not meet the Disadvantaged Business Enterprises (DB E) Requirements set forth in the contract documents and required by the Florida Department of Transportation (FOOT). Sitewerks, Inc. committed to provide 0% DBE utilization on this project and did not provide documentation demonstrating a good faith effort to meet the 14.1 % goal, therefore Sitewerks' bid was deemed non- responsive. On July 28, 2006, Sitewerks, Inc. sent a Letter of Protest to the Purchasing Department. In accordance with the Purchasing Manual, I consulted with the Assistant County Administrator and the County Attorney concerning the written protest before deciding that Sitewerks has no standing to protest the Intent to Award to Dickerson Florida, Inc. RECOMMENDATION: Staff recommends that the Board award Bid #06-084 to the second low bidder, Dickerson Florida, Inc. for the completion of the base bid and alternates 1, 2, and 4, resulting in a total award amount of $5,323,348.00 and authorize the Chairman to sign the Contract as prepared by the County Attorney. Attachments: 1) Bid Tabulation Sheet 2) Letter dated July 13, 2006 to Dianna Lewis from Craig Sucich, PBS&J Project Manager 3) DBE Section of Bid Packet 4) Protest Letter dated July 28, 2006 from Sitewerks, Inc. 5) Response Letter dated August 21, 2006 from Desiree Cimino 6) Letter dated August 28, 2006 to Doug Anderson 7) Response dated September 15, 2006 to John Sanders ..J E S~ .! 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Pierce, FL 34946 Re: Runway 9L-27R and Parallel Taxiway System Bid Package 1 (06-084): Earthwork Recommendation of Construction Contract Award Ms. Lewis: PBS&J has reviewed both sets of proposal documents received at the July 12th, 2006 bid opening for the above referenced project. A tabulation of bids was compiled and a copy is enclosed for your reference. A summary of Bids are as follows: Sitewerks. Inc. Base Bid Add Alternate 1 Add Alternate 2 Add Alternate 3 Add Alternate 4 $3,315,082.85 $932,385.92 $282,298.51 $237,595.99 $392,091.48 Dickerson Florida. Inc. Base Bid $3,671,520.00 Add Alternate 1 $1,020,908.00 Add Alternate 2 $383,210.00 Add Alternate 3 $194,480.00 Add Alternate 4 $247,710.00 Sitewerks, Inc.submitted the low base bid in the amount of$3,315,082.85. Considering that the two bids were within 10% of each other, and the low bid was approximately 27% below our engineer's estimate of probable construction cost, we feel that the project developed good interest from contractors and resulted in competitive bids. After review of the proposal documents, we have determined that Sitewerks, Inc. has not met the DBE requirements set forth in the contract documents. Part V, Section 3 of the Federal Contract Clauses (page FCC-29) states: "Award Documentation and Procedure: All bidders shall certify in the bid proposal their intent to meet or exceed the established goal or to demonstrate good faith efforts to meet the goal. Failure to make such certification or failure to demonstrate good faith efforts will render a bid non responsive. " Sitewerks, Inc. has committed to provide 0% DBE utilization on this project and has provided no documentation demonstrating a good faith effort to meet the goal of 14.1 %. PBS&J fmds Sitewerks, Inc.'s bid non responsive. Based on the available funding, we recommend you award the contract to Dickerson Florida, Inc. for the completion of the Base Bid and Add Alternates 1,2, and 4, resulting in a total award amount of$5,323,348.00. Should you have any questions, please feel free to contact me at 407-647-7275 ext. 4263. Sincerely, PBS&J Craig S. Sucich, P.E. Project Manager Cc: Bill McGrew, P.E., PBS&J ST. LUCIE COUNTY INTERNATIONAL AIRPORT RUNWAY 9L-27RAND PARALLEL TAXIWAY SYSTEM BID PACKAGE I: EARTHWORK Attachment #3 PART V - DISADVANTAGED BUSINESS ENTERPRISE PROGRAM DISADVANTAGED BUSINESS ENTERPRISES - 49 CFR PART 26 Policy It is the policy of the Owner and the United States or State of Florida Department of Transportation that disadvantaged business enterprises, as defined in the Owner's Disadvantaged Business Enterprises C'DBE") Participation Policy for services as defined in 49 CFR Part 26 shall have equal opportunity to participate in the performance of services contracts awarded by the Owner, including, but not limited to, contracts financed in whole or in part with federal or State funds under this Contract. Consequently, the requirements of the Owner's DBE Participation Policy apply to this Contract. Contract Assurance (§26.13) The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Prompt Payment The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than fourteen (14) days from the receipt of each payment the prime contractor receives from Orlando Sanford Airport. Payments not made to subcontractors within fourteen (14) days of the prime contractor's receipt of payment shall bear interest at the rate of ten percent (10%) per annum, computed beginning on the 14th day after payment is due. The prime contractor agrees further to return retainage payments to each subcontractor within fourteen (14) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Orlando Sanford Airport. The right to receive interest on a payment under this section is not an exclusive remedy, and this section does not modify any remedies available to any person under the terms of a contract or under any other statute. Orlando Sanford Airport shall have the right to terminate the services of any obligor who fails to make prompt payment to any obligee. This clause applies to both DBE and non-DBE subcontractors. DBE Obligation The Contractor agrees to ensure that DBE/MWBE firms shall have the maximum opportunity to participate in the performance of contracts for subcontractor services, including, but not limited to, those projects financed in whole or in part with federal or state funds provided under this Contract. In this regard, the Contractor and all subcontractors shall take all necessary and reasonable steps in accordance with the Owner's DBE/MWBE Participation Policies to ensure that DBE/MWBE firms have the maximum opportunity to compete for and perform contracts. The Contractor and any subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of Owner contracts. DBE Administration 1. Eligibility of DBE's: Those firms currently certified as DBE's by the Florida Department of Transportation are eligible to participate as DBE's on this contract. A list of these firms can be obtained from the State, the consulting engineer, or the Sponsor. Firms certified as DBE's by other states, or other U.S. DOT recipients are subject to the sponsor's acceptance. A bidder may request a review of a potential DBE prior to the bid opening. The bidder should allow ten working days for the sponsor's determination regarding certification of the potential DBE. Previous acceptance of a DBE by the FAA, State or Sponsor does not ensure acceptance on this project. FCC-27 ST. LUCIE COUNTY INTERNATIONAL AIRPORT RUNWAY 9L-27RAND PARALLEL TAXIWAY SYSTEM BID PACKAGE I: EARTHWORK JUNE 2006 BID #06-084 2. Counting DBE Participation Towards DBE Goals: DBE participation toward attainment of the goal will be computed on the basis of the subcontract prices agreed to between the contractor and subcontractors for the contract items or portions of items being sublet, as shown on the DBE Participation Form and attachments. Credit will only be given for use of DBE's that are certified or accepted according to this specification. DBE participation shall be counted toward meeting the DBE goal in accordance with the following: a. Commercially Useful Function: The Sponsor shall count toward the DBE goal only those expenditures to DBE's that perform a commercially useful function in the work of the contract. A DBE performs a commercially useful function when it is responsible for execution of a distinct element of work by actually performing, managing, and supervising that work. To determine if a DBE is performing a commercially useful function, the amount of work subcontracted, industry practices, and other relevant factors will be evaluated. If consistent with industry practices, a DBE shall enter into a subcontract or other contractual written agreement. A DBE Contractor may subcontract a portion of the work up to the amount allowed under standard subcontracting contract provisions of normal industry practices. A DBE is presumed not to be performing a commercially useful function if the DBE is performing outside these guidelines. b. Materials and Supplies: The Sponsor shall count toward the DBE goal the expenditures for materials and supplies obtained from DBE suppliers and manufacturers as described below. The DBE's must assume the actual and contractual responsibility for the provision of the materials and supplies: (1) The entire expenditure to a DBE manufacturer will be counted toward the DBE goal. A manufacturer must operate or maintain a factory or establishment that produces on the premises the materials or supplies that are obtained by the contractor. (2) Sixty percent of expenditures to a DBE regular dealer will be counted toward the DBE goal. A regular dealer must perform a commercially useful function in the supply process including buying the materials or supplies, maintaining an inventory and regularly selling materials to the public. Bulk items such as steel, cement, gravel, stone and petroleum products need not be kept in stock, but the dealer must own or operate distribution equipment. (3) No credit will be given toward the DBE goal, if the prime contractor makes a direct payment to a non-DBE material supplier. However, it will be permissible for a material supplier to invoice the prime contractor and the DBE jointly and be paid by the prime contractor making remittance to the DBE firm and material supplier jointly. (4) No credit, toward the DBE goal, will be given for the cost of materials or equipment used in a DBE firm's work when those costs are paid by a deduction from the prime contractor's payment(s) to the DBE firm. c. Owner-Operator Trucking: The Sponsor shall count toward the DBE goal, the entire delivery fee paid to DBE owner-operators performing trucking for the contractor, if they appear on the contractor's payroll and separate records are furnished to the Sponsor documenting the expenditures. The records shall include for each owner-operator; their social security number; driver's license number; vehicle registration number; current vehicle license number; truck number; and a complete record of the contract fees paid to them. FCC-28 ST. LUCIE COUNTY INTERNATIONAL AIRPORT RUNWAY 9L-27RAND PARALLEL TAXIWAY SYSTEM BID PACKAGE I: EARTHWORK JUNE 2006 BID #06-084 d. Joint Venture: When a joint venture contract is involved, the Sponsor shall count towards the DBE goal that portion of the contract total dollar value equal to the percentage of ownership and control of each DBE firm within the joint venture. Such crediting is subject to the sponsor's acceptance of the joint venture agreement. The Bidder must furnish the joint venture agreement with the DBE Participation Form. The joint venture agreement must include a detailed breakdown of the following: (1) Contract responsibility of the DBE for specific contract items of work, (2) Capital participation by the DBE, (3) Specific equipment to be provided by the DBE, (4) Specific responsibilities of the DBE regarding control of the joint venture, (5) Specific workers and skills to be provided by the DBE, and (6) Percentage distribution to the DBE of the projected profit or loss incurred by the joint venture. The joint venture must be certified by the sponsor prior to the sponsor submitting the proposal to the FAA. A copy of the sponsor's certification letter must be submitted to FAA along with the DBE Participation Form. 3. Award Documentation and Procedure: All bidders shall certify in the bid proposal their intent to meet or exceed the established goal or to demonstrate good faith efforts to meet the goal. Failure to make such certification or failure to demonstrate good faith efforts will render a bid non responsive. a. DBE Participation Form: The apparent successful bidder must submit with the bid the following information on the proposed DBE Participation Form attached to the Proposal. The information shall demonstrate the contractor's intended participation by certified DBE's. When the required information is not provided by the apparent low bidder the bid will be ruled non responsive and will not be considered. The information furnished shall consist of: (1) The names, addresses, contact persons, phone numbers, and category of DBE firms to be used on the contract; (2) A list of the bid items of work to be performed by the DBE and the percent to be credited toward the DBE goal; (3) The dollar value of each of the DBE work items; and (4) If the DBE goal is not met, a statement of why the goal could not be met and a demonstration of the good faith efforts taken to meet the DBE goal. b. Sponsor Evaluation: In selecting the lowest responsible bidder, the Sponsor will evaluate the DBE information provided with the bid. The Sponsor may request additional DBE information and may allow the bidders, up to 7 calendar days after bid submittal to supplement or resubmit information concerning their proposed DBE participation. Prior to awarding the contract the Sponsor will verify verbally and/or in writing that the information submitted by the apparent successful bidder is accurate and complete. FCC-29 ST. LUCIE COUNTY INTERNATIONAL AIRPORT RUNWAY 9L-27R AND PARALLEL TAXIWAY SYSTEM BID PACKAGE 1: EARTHWORK JUNE 2006 BID #06-084 c. Good Faith Efforts: If the bidder is unable to meet the DBE goal, the bidder must submit evidence of good faith efforts taken to meet the goal. Good faith efforts conducted after the bid opening will not be considered adequate to fulfill these bid requirements. Good faith efforts may include but are not limited to: (1 ) Efforts to select portions of the work for performance by DBE's, in order to increase the likelihood of achieving the DBE goal. This can include, but is not limited to, breaking down contracts into economically feasible units to facilitate DBE participation. Selection of portions of work shall be at least equal to the DBE goal. (2) Written notification to individual DBE's likely to participate in the contract sent at least 7 calendar days prior to the bid opening. The notification shall list specific items or types of work and shall be sent to a reasonable number of DBE's qualified to participate in the contract. Efforts to negotiate with DBE's for specific items of work including: (a) Names, addresses, and telephone numbers of DBE's who were contacted, the dates of initial contact and information on further contacts made to determine with certainty if the DBE's were interested. Personal or phone contacts are expected; (b) Description of the information provided to the DBE's regarding the plans, specifications and estimated quantities for portions of the work to be performed; (c) Individual statements as to why agreements with DBE's were not reached; and (d) Information on each DBE contacted but rejected and the reasons for the rejection. (3) (4) Efforts to assist the DBE's that need assistance in obtaining bonding, insurance, or lines of credit required by the contractor. (5) Documentation that qualified DBE's are not available or not interested. (6) Advertisements in general circulation media, trade association publications and disadvantaged-focus media concerning subcontracting opportunities. (7) Efforts to use the services of available disadvantaged community organizations; disadvantaged contractor's groups; local, state and federal disadvantaged business assistance offices; and other organizations that provide assistance in recruitment and placement of DBE's. The demonstration of good faith efforts by the contractor must prove the contractor actively and aggressively sought out DBE's to participate in the project. The following actions would not be considered acceptable reasons for failure to meet the DBE goal and would not constitute a good faith effort: (1) The DBE was unable to provide adequate performance and/or payment bonds. (2) A reasonable DBE bid was rejected based on price. (3) The DBE would not agree to perform the subcontract work at the prime contractors unit bid price. (4) Union versus non-union status of the DBE firm. (5) The prime contractor would normally perform all or most of the work included in this contract. (6) The prime contractor solicited DBE participation by mail only. FCC-30 ST. LUCIE COUNTY INTERNATIONAL AIRPORT RUNWAY 9L-27RANDPARALLEL TAXIWAY SYSTEM BID PACKAGE 1: EARTHWORK JUNE 2006 BID #06-084 4. Post Award Compliance: If the contract is awarded on less than full DBE goal participation, the contractor is not relieved of the responsibility to make a determined effort to meet the full goal amount during the life of the contract. In such a case, the contractor shall continue good faith efforts throughout the life of the contract to increase the DBE participation to meet the contract goal. If a DBE is unwilling or unable to perform the work specified, the contractor shall request from the Sponsor and FAA, relief from the obligation to use that DBE. Efforts will be made by the contractor to acquire from the DBE a letter which states the reason the DBE is unwilling or unable to complete its obligations under the project. If this results in a DBE contract shortfall, the contractor shall immediately take steps to obtain another certified DBE to perform an equal dollar value of allowable credit. If a new DBE cannot be found, the contractor shall submit evidence of good faith efforts within 15 calendar days of the request for relief. The contractor shall submit the new DBE's name, address, work items and the dollar amount of each item. The sponsor and the FAA shall approve the new DBE before the DBE starts work. If the contractor fails to conform to the approved DBE participation or if it becomes evident that the remaining work will not meet the approved participation, then the contractor shall submit evidence showing either how the contractor intends to meet the DBE participation, or what circumstances have changed affecting the DBE participation. If the sponsor is not satisfied with the evidence, then liquidated damages may be assessed for the difference between the approved and actual DBE participation. 5. Records and Reports: The contractor shall keep records as necessary to determine compliance with the DBE obligations. The records shall include but are not limited to: a. Record of DBE Participation: The names of disadvantaged and non-disadvantaged subcontractors, regular dealers, manufacturers, consultant and service agencies; the type of work or materials or services performed on or incorporated in the project; and the actual value of such work. b. Efforts to Utilize DBE Firms: Documentation of all efforts made to seek out disadvantaged contractor organizations and individual disadvantaged contractors for work on this project. All correspondence, personal contacts, telephone calls, etc., to obtain the services of DBE's should be documented. c. Final DBE Certification: Upon completion of the individual DBE firm's work, the prime ~ontractor shall submit a certification attesting to the actual work performed by the DBE firm and the amount paid the DBE firm. This certification shall be signed by both the prime contractor and the DBE firm. END OF SECTION FCC FCC-31 ~ :TOTRL GOLF/SITEWERKS FAX NO. :7725622773 Attachment #4 SITEWERKS., INC. July 28, 2006 St. Lucie County Purchasing Department 2300 Virginia Avenue, Room 228 Fort Piece, Fl 34982 Re: Runway 9L-27R and Paranel Taxiway System Bid Package 1: Earthwork To whom it may concern: Let this Jetter serve as protest to the award ofthe aforesaid project to Dickerson of Florida. We requ.est a meeting to expand on the f()llowing reasons: · The bid items T - 901-1 and 2 do not equal the letter of intent that they are using for minority participation. · Materia1 ha.uling is not a bid item and 45,000 + 1- cy ofroaterial does 110t match any quantity in tho bid. · Part III of your specifications~ Equal Employment Opportunity Requirement, plainly states MBE participation can be met with racially diverse employment. · The difference in the bid does not equate to the cost of minority participation. Please contact our office at (772) 564-8281 at your convenience and thank you for your time on this 1nattcr. 11. resident I'd 404543 Avenue - Vero Bèach, l<'L ~1960 Phone 771 564-8281 .,.. Fax 772 ~62-1773 ...) " ç\~ ",- "-I<~, ~_"---'_C~'-~~, ¡-.....c.::; ~.. C_'·)" .i. \.\j Attachment #5 BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT CERTIFIED MAIL - RETURN RECEIPT REQUESTED August 21, 2006 John Sanders Sitewerks, Inc. 4045 43rd Avenue Vero Beach, Florida 32960 RE: Bid Protest - 06-083 Runway 9L-27R & Parallel Taxiway: Earthwork Dear Mr. Sanders: Your letter of July 28,2006, protesting the Consultant's recommendation of award for Bid #06-083 Runway 9L-27R and Parallel Taxiway: Earthwork, to Dickerson Florida, Inc. was received by our office. I have read your letter of protest and also the letter of recommendation of award, received from Craig Sucich of Post, Buckley, Schuh and Jernigan. I have reviewed bid proposals that were submitted by both Sitewerks, Inc. and Dickerson Florida, Inc. Page FCC-29, "Award Documentation and Procedure" of the bid package states: "All bidders shall certify in the bid proposal their intent to meet or exceed the established goal or to demonstrate good faith efforts to meet the goal. Failure to make such certification or failure to demonstrate good faith efforts will render a bid non-responsive." Sitewerks, Inc. has committed to provide O'Yo DBE utilization on this project and has provided no documentation demonstrating a good faith effort to meet the goal of 14.1 'Yo. Based upon the DBE requirements that were in the bid package (page FCC-29), I concur with Craig Sucich's finding Sitewerks, Inc. bid proposal to be non-responsive. As required by the County's Purchasing Manual, I have consulted with the Assistant County Administrator and the County Attorney concerning your written protest. As your bid has been determined to be non-responsive for the reason setforth above, I do not believe that JOSEPH E. SMITH, District No.1' DOUG COWARD. DistricT No.2' PAULA A. LEWIS, DistricT No..3 . FRANNIE HUTCHINSON, DisTricT No.4' CHRIS CRAFT, DistricT No.5 CounTy AdminisTToTor - Douglos M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 · Phone (772) 462-1700 FAX (772) 462-1704 · TDD (772) 462-1428 web site: www.co.st-Iucie.fl.us Sitewerks, Inc. has standing to protest the award of the contract to another bidder. Notwithstanding your lack of standing, I have determined, based on a recommendation from Post, Buckley, Schuh and Jernigan, the Airport's consulting engineer, that the bid of Dickerson Florida, did demonstrate a good faith effort in obtaining 7.5% DBE participation, as addressed in FCC-29. You have the right to appeal my decision to the Board of County Commissioners by filing a written noti ce of appeal with the County Administrator within seven (7) days from receipt of this letter. Sincerely, .~~~~~ Desiree Cimino Interim Purchasing Director Copy to: Assistant County Administrator County Attorney Airport Director Craig Sucich, PBS&J Attachment #6 SITEWERKS, INC. August 28, 2006 .~~CEJV~Ó c¿ s~p Q 5 lUU! ~ ~~ð' St. Lucie County Douglas M. Anderson 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 Re: Bid Protest 06-083 Runway 9L-27R & Parallel Taxiway: Earthwork Dear Mr. Anderson, I am in receipt of the letter from the purchasing department dated August 21, 2006 rejecting our protest and would like to appeal to the Board of County Commissioners. On July 11,2006 we submitted a bid for $5,153,377.16 and Dickerson s.ubmitted $5,517,828.00 for the above referenced project. On Monday of the following week we .contacted purchasing to determine how to proceed and were told that Dickerson was recommended for the project. Purchasing further explained that we did not have any minority participation in our bid proposal. Our proposal was based on self performance of the work. I do not think we should be required to use or solicit other contractors for work we can perform ourselves. We just completed the Ditch Relocation Project at the airport, which was under budget and on time. Our proposal and bond were submitted in the same format, to self perform the work, and no problems arose from that project. I think it is important to note that Dickerson did not meet 7.5% DBE for this bid. The quantities in the letters of intent and the quantities in the bid for those items did not match. The bid quantities were less. We request a meeting with you and the county commissioners to discuss this matter ,[y;thet3 We appreciate your attention to this matter and hope to here from you soon. :--:~.... 6(. rd 404543 Avenue - Vero Beach, FL 32960 "., /.. t.;D./...., ~. ''f<v~ ~.i~ _.':: > ~:'~~:\rJ C) \~ ri:;1 I;:.; .~ I ,.(r -. . .~" v .\v Phone 772 564-8281 * Fax 772 562-2773 Attachment #7 COUNTY ADMINISTRATOR BOARD OF COUNTY COMMISSIONERS DOUGLAS M. ANDEr-SON Via Facsimile September 15,2006 John H. Sanders Sitewerks, Inc. 4045 43rd Avenue Vero Beach, FL 32960 Dear Mr. Sanders: Re: Bid Protest - Runway 9L-27R and Parallel Taxiway (Bid No. 06-083) This letter shall serve to acknowledge receipt of your letter dated August 28, 2006, requesting that your above-referenced bid protest be referred to the Board of County Commissioners for review. Please be advised that the matter will be placed on the Board's agenda for September 26, 2006. The meeting will be held in the Commissioner Chambers located on the third floor of the County Administration Annex Building at 2300 Virginia Avenue in Fort Pierce, beginning at 9:00 a.m. /) J" / /' I I i S~incerelY// / " ~' v~ii Do glas;d. Anderson County Administrator DMA/dp Copies to: Board of County Commissioners County Attorney Assistant County Administrator Outlaw Airport Director Interim Purchasing Director JOSt~H E SMITH [),smCf tk 1 . DOUG COWAP,D. DISI"flct Nc =' . PI\ULA I'. LEWIS. [),smct I~o. ~\ . mANNIE HUTCHINSOtt Dlsrrlct No. " . CHP.IS CP,/'.FT [)Ismct Nu ~ (ounr\! Admllìl:,rroror Dougi05 tv'\. Anderso: 2300 VirOlnlO Avenue . Forr Pierce FL 34982-565::: f Pnone (772) 46'2-1450 · TDC! (77'21 462·'142[; Ft,>; iT:21 4C·~-1o¿¡['·· emOli douoo@COS-luCie.fi.u- \/,l-::--'~' f Slr~' \¡'/V.I\/,' .:r.' ..si-iuc.!~' 1i U.- " \. INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Desiree Cimino, Interim Purchasing Director FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO.: 06-1613 DATE: October 3, 2006 SUBJECT: Bid Protest - Sitewerks, Inc. ************************************************************************************* This office has received Sitewerks' "Response to Inter-Office Memorandum," dated September 29,2006. After careful review of the issues raised by counsel for Sitewerks, I remain of the opinion that Sitewerks' bid was non responsive. CD ë :;-----1 c;.::... The FAA's "Terms and Conditions of Accepting Airport Improvement Program" rÆi~iïresT-&e County to comply with several Federal regulations, including 49 CFR Part 26. 49 CF~:§26.53.(a) states, in relevant part: ',,' .¡:::: (a) When you have established a DBE contract goal, you must award {:h~ contract only to a bidder/offeror who makes good faith efforts to meet it. Y.õ~ must determine that a bidder/offeror has made good faith efforts if the bidder/offeror does either of the following things: (1) Documents that it has obtained enough DBE particiation to meet the goal; or (2) Documents that it made adequate good faith efforts to meet the goal, even though it did not succeed in obtaining enough DBE participation to do so. . The regulation does not have an exception for contractors that obligate themselves to perform all of the work in-house. Counsel for Sitewerks states that the Federal Regulations "cannot be read to require contractors to hire subcontractors to perform under the contract." However, that is exactly what §26.53(a) does. If a contractor wishes to work on a project paid for with this Federal grant, the contractor must either meet the DBE goals or show a good faith effort to meet the DBE goals. Sitewerks has done neither. Therefore, in order to be in compliance with our FAA grant, the County cannot award the contract to Sitewerks. Counsel for Sitewerks further opines that the County is "estopped from finding the Sitewerks bid to be non responsive based on its history of finding similar applications to be responsive." Specifically, Sitewerks refers to a project it was awarded in May 2006, the Airport Ditch Relocation Project Bid No. 06-055. Sitewerks was awarded this contract despite having not U r-- -0 :3l~ - .. N o · , reached or attempted to reach the DBE goals set for the project. Counsel for Sitewerks states that the County cannot enforce the DBE requirements now when we did not enforce them for the previous contract. This statement is incorrect. First, the Ditch Relocation Project was funded by FDOT, not the FAA, and FDOTs granting requirements with regard to DBE's are not as strict as the FAA's. FDOT, unlike the FAA, does not require that grant recipients reject the lowest bidder if the rejection is based solely on failing to meet the DBE requirements. Second, even if FDOT was as strict as the FAA with regard to DBE requirements, this would only mean that the County awarded the Ditch Relocation Project to Sitewerks in error. Even assuming that the County committed an error in the prior award, the County is not now obligated to repeat this same error in the current project. CC: Diana Lewis, Airport Director Daniel S. McIntyre, County Attorney IlEM NO. 10 DATE: October 10. 2006 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS REGULÞR: (X) PUBLIC HEÞRING: ( ) CONSENT ( ) PRESENTED BY: SUBMITTED BY (DEPT): Administration Douglas Anderson County Administrator SUBJECT: Special Needs Shelter - Accept the $1.8 million grant form the State of Florida, contract # 07CP-5M-66-10-01 to help in the construction of a new Special Needs Shelter BACKGROUND: Please see attached memo. FUNDS AVAILABLE: Funds will be available through 001417-2510-562000-2614. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners accept the $1.8 million grant from the State of Florida and have the Chair sign the contract. J;r- D~ ~~J Cou t Admi·rt~tor COMMISSION ACTION: X APPROVED DENIED OTHER: Approved 5-0 ~unty Attorney: ,.6'Óriginating Dept: j¡%J~ L~'-1/ , o Finance: Check for copy only, if applicable: Inter-Office Memorandum Department of Public Safety Division of 911 Communications TO: Board of County Commissioners FROM: Jack T Southard, Director þ SUBJECf: Special Needs Facility Subgrant Agreement #07CP-5M-10-66-01 DATE: Sept. 20, 2006 ***************************************************************** On November 8, 2005, the Board of County Commissioners accepted $2.5 million from the State of Florida to help in the construction of a Special Needs Shelter. st. Lucie County has been awarded an additional $1.8 million by the State. Contract Number: 07CP-5M-10-66-01- CSFA: 52.010 STATE-FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and St. Lucie County Emergency Management, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. WHEREAS, the Recipient has been awarded funds for a project(s), which have been evaluated for consistency with criteria established by the Governor and Legislature; and B. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and C. WHEREAS, funds used for emergency shelter or critical facility projects are contingent on certification by the Division that the emergency shelter or critical facility complies with, or will comply with upon project completion, the structural considerations of ARC 4496, Standards for Hurricane Evacuation Shelter Selection; D. WHEREAS, the Division has authority pursuant to the General Appropriations Act, for the State Fiscal Year 2006-2007, Specific Appropriation 1589A, to disburse the funds under this Agreement to eligible recipients under the Local Emergency Management Needs; and E. WHEREAS, the Division has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Division and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES Both the Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. 1 (3) PERIOD OF AGREEMENT. This Agreement shall begin July 1, 2006 and shall end June 30, 2009, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) RECORDKEEPING (a) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division or its designee, Comptroller, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Division or its designee, Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Division, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. (b) The Recipient shall maintain all records, for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. 2 (c) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Division. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Division. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department and/or the Division with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a nonstate entity as defined by Section 215.97, Fla. Stat., it shall comply with the following: In the event that the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat.; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this . Agreement indicates State financial assistance awarded through the Division by this Agreemént. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from the Division, other state 3 agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in this Paragraph 6(d) above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Fla. Stat. This includes subl!1ission of a reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, is not required. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, the cost of the audit must be paid from the nonstate entity's resources (Le., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). Additional information on the Florida Single Audit Act may be found at the following website: http://www.state.fI.us/fsaa/statutes.html. (e) Report Submission 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall Înclude a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of financial reporting packages required under this Paragraph 6 shall be submitted by or on behalf of the Recipient directlv to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [an electronic copy shall also be submitted to aurilla.parrish@dca.state.fI.us] and Division of Emergency Management Bureau of Compliance Planning and Support 2555 Shumard Oak Boulevard 4 Tallahassee, Florida 32399-2100 The Auditor General's Office at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Department and the Division pursuant to this Agreement shall be submitted timely in accordance with OMS Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department and the Division for audits done in accordance with OMS Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (f) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department and the Division has notified the Recipient of such non-compliance. (g) The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Stat. by an independent certified public accountant (lPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Department and the Division no later than seven (7) months from the end of the Recipient's fiscal year. (7) REPORTS (a) At a minimum, the Recipient shall provide the Division with quarterly reports, and with a close-out report. These reports shall include the. current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the 5 expenditure of funds under this Agreement, in addition to such other information as requested by the Division. (b) Quarterly reports are due to be received by the Division no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. (c) The close-out repo~ is due 60 days after termination of this Agreement or upon completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies, prescribed above, are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work, Attachment A. (e) The Recipient shall provide such additional program updates or information as may be required by the Division. (f) The Recipient shall provide additional reports and information as identified in Attachment D. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are met, the Budget and Scope of Work, Attachment A is accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in the Budget and Scope of Work, Attachment A to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above ), monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits as defined by OMS 6 Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Recip,ient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY. (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make any further payment of funds hereunder shall, if the Division so elects, terminate and the Division may, at its option, exercise any of its remedies set forth in Paragraph (11), but the Division may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 7 (a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Division shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with the Division and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient,information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (11) REMEDIES. Upon the happening of an Event of Default, then the Division may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in Paragraph (13) herein; (b) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issuing a written warning to. advise that more serious measures may be taken if the situation is not corrected, 8 3. .advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. requiring the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to the Division any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program; (f) Exercise any other rights or remedies which may be otherwise available under law; (g) The pursuit of anyone of the above remedies shall not preclude the Division from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the Division of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Division hereunder, or affect the subsequent exercise of the same right or remedy by the Division for any further or subsequent default by the Recipient. (12) TERMINATION. (a) The Division may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) The Division may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of 9 termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Division by virtue of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Division from the Recipient is determined. (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Division contract manager for this Agreement is: Carolyn Washington, Community Assistance Consultant Division of Emergency Management Finance and Logistics, Grants Section 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850) 410-1271 Fax: (850) 488-7842 Email: carolvn.washinQton@dca.state.fl.us (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Jack Southard, Director St. Lucie County Public Safety 101 N Rock Rd Ft. Pierce, FL 34945 Telephone: (772) 461-5201 Fax: (772) 462-1744 Email: JACKS@stlucieco.gov (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval prior to execution of the subcontract by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor 10 is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing its work under this Agreement shall be documented in the quarterly report submitted by the Recipient. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority vendor. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Budget and Scope of Work Attachment B - Program Statutes and Regulations Attachment C - Reports Attachment 0 - Justification of Advance Attachment E - Warranties and Representations Attachment F - Contractual Forms Packet (17) FUNDING/CONSIDERA TION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $1,800,000 subject to the availability of funds. 11 (b) Any advance payment under this Agreement is subject to Section 216.181 (16), Fla. Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1. No advance payment is requested. 2. An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, all obligations on the part of the Division to make any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the Division. (18) REPAYMENTS All refunds or repayments to be made to the Division under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. 12 (19) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla. Stat., the Division shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Division paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 413-5516. (20) STANDARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Division request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Affairs from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. 13 (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seQ.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. G) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (k) The Division reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the 14 provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (I) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. (m) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All such meetings shall be publicly noticed, open to the public, and the minutes of all such meetings shall be public records,. available to the public in accordance with Chapter 119, Fla. Stat. (21) STATE LOBBYING PROHIBITION. No funds or other resources received from the Division in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (22) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. 15 (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright. the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Division for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (23) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. 16 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. RECIPIENT: ST. LUCIE COUNTY EMERGENCY MANAGEMENT BY: Name and title: Date: FID# STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT BY: Nama and Title: Date: 17 EXHIBIT 1 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: None SUSJECTTO SECTION 215.97. FLORIDA STATUTES: NOTE: If the resources awarded to the recipient represent more than one State project. provide the same information shown below for each State project and show total state financial assistance awarded that is subject to Section 215.97. Florida Statutes. Specific Appropriation 1589A CSFA: #52.010 $1,800,000 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 1. Sections 215.555(7)(c) and 215.559, Florida Statutes 2. Chapter 252, Florida Statutes 3. Chapter 287, Florida Statutes 4. Chapter 119, Florida Statutes 5. Chapter 60A-1, Florida Administrative Code 6. Chapter 9G-19, Florida Administrative Code NOTE: Section 400(d) of OMS Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 18 Attachment A Budget and Scope of Work Salary and Benefits Other Personal/Contractual Services 1,800,000.00 Administrative Expenses (Limited to 5%) Expenses Operating Capital Outlay TOTAL EXPENDITURES $1,800,000.00 I. SCOPE OF WORK A. The Recipient shall construct a Special Needs Shelter (SpNS) within the county. Eligible reimbursement costs include, but are not necessarily limited to: Architectural and Engineering services and fees; site survey and soil testing; necessary permits and fees; civil and utilities site work; access driveways and parking; site security measures; construction of the building's superstructure. shell (envelope) and essential ancillary structures; communications infrastructure and tower(s); special inspections; mechanical, plumbing, electrical, telecommunication, conveying and security systems; lightning protection; redundant infrastructure equipment and systems (e.g., electric generators, uninterruptible power supplies, etc.); and, finish work, furnishings and equipment necessary for SpNS functional spaces and essential shared-use spaces (e.g., conference rooms, restrooms, kitchen/dining rooms, etc.) B. The SpNS shall be constructed with sufficient space to house people and equipment for sustained continuous emergency operations, and capable of full staffing for the most extensive emergency anticipated. All client occupied spaces shall have standby emergency power supported air conditioning. At a minimum, the SpNS shall be designed for 500 special needs clients, plus care-givers and staff; Le., total occupant load of about 750 persons. C. At a minimum, the SpNS shall meet public shelter design criteria per Section 423.25, Florida Building Code-Building, and the hurricane hazard safety criteria established in Standards for Hurricane Evacuation Shelter Selection (ARC 4496). 19 D. The SpNS and essential ancillary structures and equipment shall be designed to resist the effects of a major hurricane. The wind design load requirements shall be in accordance with the American Society of Civil Engineers (ASCE) Standard 7, Minimum Design Loads for Buildings and Other Structures. The minimum wind design criteria shall include: . Design Wind Speed = 180 miles per hour (3 second gust) Wind Importance Factor, 1= 1.00 Exposure Category = C Directionality Factor, Kd = 1.00 Internal Pressure Coefficient, GCp; = +/- 0.18 All components and cladding assemblies necessary to maintain a structurally enclosed condition and prevent rainwater intrusion shall be designed to meet the wind design criteria. Structural metal decking and cladding materials shall be 22 gauge or thicker. Roof cover waterproofing barriers shall meet the wind design criteria. Loose aggregate roof ballast shall not be used on the roof cover. Rooftop equipment shall be designed and installed to meet the wind design criteria. E. The SpNS and essential ancillary structures and equipment shall resist penetration by windborne debris impact. At a minimum, all exterior enclosure components, c1addings and assemblies (Le., walls, roofs, louvers, windows, doors, etc.) located within 60 feet in height above finish grade shall meet the hurricane windborne debris impact criteria specified in the Department of Energy's (DOE) Standard, Natural Phenomena Hazards Design and Evaluation Criteria, DOE-STD-1020-2002. That is, the building enclosure must resist penetration by a nominal 2"x4" lumber plank weighing 15 pounds propelled at 50 miles per hour striking end-on and normal to the assembly surface, or equivalent performance as approved by the Division. As applicable, impact test procedures shall be consistent with recognized state and national standards; such as, SBCCI Test Standard for Determining Impact Resistance from Windborne Debris SSTD 12, American Society of Testing and Materials (ASTM) Standards ASTM E 1886 and ASTM E 1996, and Florida Building Code Testing Protocols TAS 201, TAS 202 and TAS 203. F. The following information related to wind loads and flooding shall be shown on the construction drawings: 1. wind design per ASCE 7 with applicable year of revision; 2. design wind speed; 3. wind importance factor I; 4. design wind exposure; 5. wind directionality factor Kd; 6. design internal pressure coefficient; 7. design wind pressures in terms of pounds per square foot (pst) to be used for the design of exterior component and cladding materials not specifically designed by the principal licensed design professional; 8. windborne debris impact performance criteria; and, 9. finish floor elevation with comparison reference to the 500-year flood elevation (if determined), and the base flood elevation. G. The minimum design elevation of the lowest floor for the SpNS and essential ancillary structures and equipment shall be located outside of or elevated above: Category 5 storm surge elevation, the 500- year flood plain (if determined), or the base flood elevation plus two (2) feet, whichever is greater. H. Where secondary (emergency) roof drains or scuppers are required by the Florida Building Code-Plumbing, the secondary system shall be sized for a rainfall rate of eight (8.0) inches per hour. I. SpNS shall be designated as a threshold building(s), and special structural inspections required. Special inspections shall be conducted in compliance with section 553.79, Florida Statutes and other applicable statutes, laws and rules. J. The SpNS and essential ancillary structures and equipment shall be designed for a minimum of 72 hours of self-contained continuous operation and shall not be solely reliant upon off-site utilities (e.g., water, natural gas fuel, electricity, etc.) 20 K. The Recipient shall provide an initial timeline and estimated reimbursement allocation table. Table SW-1, "Initial Timeline and Estimated Reimbursement Allocation" or other similar instrument as approved by the Division may be used. Board Contract A roval Initial Payment of 20% in first uarter A&E Firm Selection Site Survey and Soil Testin Spatial Needs Assessment Preliminary Design, 70% com lete Preliminary Design, 100% com lete Re ulato Review Bid Document(s) Development & Award Notice to Proceed/Mobilization Construction Project Management & S eciallns ections Construction 25% Com lete Construction 50% Com lete Construction 100% Com lete Contin enc Administrative Fees; maximum of 5% Sub-Totals $1,800,000 TOTAL Estimated Pro'ect Cost A&E - Architectural and Engineering; OEM - Division of Emergency Management; FY - Fiscal Year L. During design and construction phases of the SpNS project, the Recipient shall track and provide construction cost data as detailed in Table SW-2, "Cost Data for Regional Special Needs Shelter." 21 1010 1020 1030 1040 2010 2011 2012 2020 2030 3010 3020 3021 1010 1020 1030 2010 3010 3020 1010 1020 2010 2020 2021 2040 3010 3020 3030 3050 3090 22 4010 4020 4030 5010 5020 5030 1010 1020 1030 1090 1091 1092 1093 1094 1030 2010 2090 2091 II. PRODUCT ITEMS A. Recipient shall prepare an initial timeline with key milestone activities/tasks, including start and end dates for each activity and an estimate of cost reimbursement allocations. Table SW-1 in Scope of Work item I.K may be used to meet this product item. B. The Recipient shall provide one (1) copy each of site survey, site master plan, spatial needs assessment, and schematic design plan or preliminary design drawings for review by the Division. The spatial needs assessment and schematic design plan/preliminary design may be consolidated into one document. C. The Recipient shall provide one (1) set of substantially complete (approximately 70 percent) preliminary design construction drawings and specifications for the SpNS and essential ancillary structures for review by the Division. The construction drawings shall include site survey information, landscaping, civil, architectural, structural, mechanical, plumbing, and electrical drawings. D. The Recipient shall provide one (1) bid-ready set of construction drawings and specifications for the SpNS and essential ancillary structures for review by the Division. The construction drawings shall 23 include site survey information, landscaping, civil, architectural, structural. mechanical, plumbing, and electrical drawings and shall be certified by the applicable registered or licensed design professional(s) of record. E. The construction drawings shall demonstrate that the SpNS will meet the hurricane hazard safety criteria of ARC 4496, and the wind load, windborne debris impact and flood design requirements set forth in Scope of Work items I.C through I.J. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial of funds. F. The Recipient shall provide final project cost data as required in Scope of Work item I.L. G. The Recipient shall provide the Division with copies of pertinent construction permits, and the certificate of occupancy upon completion of construction project. III. SCH EDU LE OF WORK A. By December 31,2006, the Recipient shall provide the Division with the Section II. above, Product Item A for review and approval. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial of funds. B. By March 31,2007 and at least on a quarterly basis thereafter, Recipient shall report on progress in relation to the initial timeline, and submit an invoice for reimbursement for work accomplished in accordance with the Division approved cost reimbursement allocation table referenced in Section II. above; Product Item A. C. By May 15, 2009, the Recipient shall provide final project cost data as set forth in Table SW-2, certificate of occupancy, close-out documentation and final payment invoice. 24 Attachment B Program Statutes and Regulations 1. Sections 215.555(7)(c) and 215.559, Florida Statutes 2. Chapter 252, Florida Statutes 3. Chapter 287, Florida Statutes 4. Chapter 119, Florida Statutes 5. Chapter 60A-1, Florida Administrative Code 6. Chapter 9G-19 Florida Administrative Code 25 ATTACHMENT C REPORTS 1. The Recipient shall provide the Division with quarterly financial reports, semi-annual summary progress reports and a final close-out report, all in a format to be provided by the Division. 2. Quarterly financial reports shall begin with the first quarter of the agreement period and áre due to the Division no later than thirty (30) days after the end of each quarter of the agreement period; and shall continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of agreement period are December 31, March 31, June 30 and September 30. 3. The final close-out report is due sixty (60) days after termination of this Agreement. 4. If all required reports prescribed above are not provided to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take such other action as set forth in Paragraphs (10). "Acceptable to the Division" means that the work product was completed in accordance with generally accepted principles, guidelines and applicable law, and is consistent with the Scope of Work. 5. Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Division. 6. All report formats provided by the Division shall be made available to the Recipient on the Division's Internet site and a hard copy will be mailed with a fully executed copy of the Agreement 26 ATTACHMENT 0 JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is requested, budget data on which the request is based must be submitted. Any advance payment under this Agreement is subject to s. 216.181(16)(a)(b), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the recipient within the initial three months. [ ] ADVANCE REQUESTED [ ] NO ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required. Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. ADVANCE REQUEST WORKSHEET If you are requesting an advance, complete the following worksheet (A) FFY 2003 (B) FFY 2004 (C) FFY 2005 (D) Total DESCRIPTION 3 1 2 MAXIMUM ADVANCE ALLOWED CALULATION: x $ Cell 03 OEM Award (Do not include any match) = MAXIMUM ADVANCE REQUEST FOR WAIVER OF CALCULATED MAXIMUM ] Recipient has no previous OEM contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. 27 ESTIMATED EXPENSES BUDGET CATEGORY 2006-2007 Anticipated Expenditures for First Three Months of Contract ADMINISTRATIVE COSTS (Include Secondary Administration.) PROGRAM EXPENSES TOTAL EXPENSES Explanation of Circumstances: 28 Attachment E Warranties and Representations Financial Manaqement Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify adequately the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. . (6) Accounting records, including cost accounting records that are supported by source documentation. Competition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, and invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the' Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. 29 Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from Licensinq and Permittinq All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 30 ATTACHMENT F CONTRACTUAL FORMS PACKET (to be mailed with fully executed copy of Agreement) 31 ITEM NO. 11 DATE: October 10. 2006 AGENDA REQUEST REGULAR: (X ) PUBLIC HEARING: ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Administration Douglas Anderson County Administrator SUBJECT: New Emergency Operations Center - Accept the $6.0 million grant form the State of Florida, contract # 07CP-SM-1 0-66-01 to help in the construction of a new Emergency Operations Center. BACKGROUND: Please see attached memo. FUNDS AVAILABLE: Account to be determined. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners accept the $6.0 million grant from the State of Florida and have the Chair sign the contract. COMMISSION ACTION: CONCURRENCE: ~unty Attorney: o 'Iv .J 1Ctv-- Review and Approvals .. .vJ~ì ~. Dou An rs Cou ty Ad i is ator X APPROVED DENIED OTHER: Approved 5-0 .ø'Óriginating Dept: ~ D P",chaslng, Other: o Finance: Check for copy only, if applicable: Inter-Office Memorandum Department of Public Safety Division of 911 Communications TO: Board of County Commissioners FROM: Jack T Southard, Director A SUBJECT: Emergency Operations Center Subgrant Agreement #07CP-SM-l0-66-0 1 DATE: Sept. 20,2006 ***************************************************************** St. Lucie County has been awarded $6.0 million by Governor Jeb Bush to help in the construction of a New Emergency Operations Center. The new EOC will be located at the St. Lucie County Fairgrounds. · . Contract Number: 07CP-5M-10-66-01- CSFA: 52.010 STATE-FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and St. Lucie County Emergency Management, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. WHEREAS, the Recipient has been awarded funds for a project(s), which have been evaluated for consistency with criteria established by the Governor and Legislature; and B. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and C. WHEREAS, fun~s used for emergency shelter or critical facility projects are contingent on certification by the Division that the emergency shelter or critical facility complies with, or will comply with upon project completion, the structural considerations of ARC 4496, Standards for Hurricane Evacuation Shelter Selection; D. WHEREAS, the Division has authority pursuant to the General Appropriations Act, for the State Fiscal Year 2006-2007, Specific Appropriation 1589A, to disburse the funds under this Agreement to eligible recipients under the Local Emergency Management Needs; and E. WHEREAS, the Division has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Division and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES Both the Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. 1 (3) PERIOD OF AGREEMENT. This Agreement shall begin July 1, 2006 and shall end June 30, 2009, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) RECORDKEEPING (a) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division or its designee, Comptroller, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Division or its designee, Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Division, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. (b) The Recipient shall maintain all records, for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. 2 (c) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Division. (6) AUDIT REQUIREMENTS (a) :The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Division. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department and/or the Division with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a nonstate entity as defined by Section 215.97, Fla. Stat., it shall comply with the following: In the event that the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat.; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Division by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from the Division, other state 3 agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in this Paragraph 6(d) above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapters 10.550 . (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, is not required. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, the cost of the audit must be paid from the nonstate entity's resources (Le., the cost of such an audit must be paid from the Recipient's resources òbtained from other than State entities). Additional information on the Florida Single Audit Act may be found at the following website: http://www.state.fI.us/fsaa/statutes.html. (e) Report Submission 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of financial reporting packages required under this Paragraph 6 shall be submitted by or on behalf of the Recipient directlv to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [an electronic copy shall also be submitted to aurilla.parrish@dca.state.fI.us] and Division of Emergency Management Bureau of Compliance Planning and Support 2555 Shumard Oak Boulevard 4 Tallahassee, Florida 32399-2100 The Auditor General's Office at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Department and the Division pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department and the Division for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (f) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department and the Division has notified the Recipient of such non-compliance. (g) The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Stat. by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Department and the Division no later than seven (7) months from the end of the Recipient's fiscal year. (7) REPORTS (a) At a minimum, the Recipient shall provide the Division with quarterly reports, and with a close~out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the 5 expenditure of funds under this Agreement, in addition to such other information as requested by the Division. (b) Quarterly reports are due to be received by the Division no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. (c) The close-out report is due 60 days after termination of this Agreement or upon completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies, prescribed above, are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work, Attachment A. (e) The Recipient shall provide such additional program updates or information as may be required by the Division. (f) The Recipient shall provide additional reports and information as identified in Attachment D. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are met, the Budget and Scope of Work, Attachment A is accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in the Budget and Scope of Work, Attachment A to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215.97. Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above), monitoring procedures may include, but not be limited to. on-site visits by Division staff, limited scope audits as defined by OMB 6 Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY. (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this Agreement, Recipient agrees tbat it is not an employee or agent of the Division, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make any further payment of funds hereunder shall, if the Division so elects, terminate and the Division may, at its option, exercise any of its remedies set forth in Paragraph (11). but the Division may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 7 (a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Division shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with the Division and has not cured such in timely fashion, or is unable or unwillihg to meet its obligations thereunder; (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (11) REMEDIES. Upon the happening of an Event of Default, then the Division may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in Paragraph (13) herein; (b) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. requesting additional informatiQn from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, 8 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. requiring the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to the Division any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program; (f) Exercise any other rights or remedies which may be otherwise available under law; (g) The pursuit of anyone of the above remedies shall not preclude the Division from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the Division of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Division hereunder, or affect the subsequent exercise of the same right or remedy by the Division for any further or subsequent default by the Recipient. (12) TERMINATION. (a) The Division may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) The Division may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of 9 termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Division by virtue of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Division from the Recipient is determined. (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery', or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement (b) The name and address of the Division contract manager for this Agreement is: Carolyn Washington, Community Assistance Consultant Division of Emergency Management Finance and Logistics, Grants Section 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850) 410-1271 Fax: (850) 488-7842 Email: carolvn.washinqton@dca.state.fl.us (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: . Jack Southard, Director St. Lucie County Public Safety 101 N Rock Rd Ft. Pierce, FL 34945 Telephone: (772) 462-1736 Fax: (772) 462-1737 Email: JACKS@stlucieco.gov (d) In the event ~hat different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval prior to execution of the subcontract by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor 10 laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required bylaw. Each sùbcontractor's progress in performing its work under this Agreement shall be documented in the quarterly report submitted by the Recipient. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority vendor. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Budget and Scope of Work Attachment B - Program Statutes and Regulations Attachment C - Reports Attachment D - Justification of Advance Attachment E - Warranties and Representations Attachment F - Contractual Forms Packet (17) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $6,000,000 subject to the availability of funds. (b) Any advance payment under this Agreement is subject to Section 216.181 (16), Fla. Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph 11 (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. "If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1. No advance payment is requested. 2. An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, all obligations on the part of the Division to make any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the Division. (18) REPAYMENTS All refunds or repayments to be made to the Division under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. 12 (19) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla. Stat., the Division shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Division paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 413-5516. (20) STANDARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Division request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Affairs from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable. which prohibits discrimination by public and 13 private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid 0(1 a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 0) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (k) The Division reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with thisyAgreement. 14 (I) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. (m) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs ul)authorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in . Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All such meetings shall be publicly noticed, open to the public, and the minutes of all such meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (21) STATE LOBBYING PROHIBITION. No funds or other resources received from the Division in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency: (22) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. 15 (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Division for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could giye rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (23) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. 16 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. RECIPIENT: ST. LUCIE COUNTY EMERGENCY MANAGEMENT BY: Name and title: Date: FID# STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT BY: Name and Title: Date: 17 EXHIBIT 1 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: None SUBJECT TO SECTION 215.97. FLORIDA STATUTES: NOTE: If the resources awarded to the recipient represent more than one State proiect. provide the same information shown below for each State proiect and show total state financial assistance awarded that is subiect to Section 215.97. Florida Statutes. Specific Appropriation 1589A CSFA: #52.010 $6,000,000 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 1. Sections 215.555(7)(c) and 215.559, Florida Statutes 2. Chapter 252, Florida Statutes 3. Chapter 287, Florida Statutes 4. Chapter 119, Florida Statutes 5. Chapter 60A-1, Florida Administrative Code 6. Chapter 9G-19, Florida Administrative Code NOTE: Section AOO(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 18 Attachment A Budget and Scope of Work Salary and Benefits Other Personal/Contractual Services Administrative Expenses (Limited to 5%) Expenses Operating Capital Outlay TOTAL EXPENDITURES $6,000,000.00 I. SCOPE OF WORK A. The Recipient shall construct a County Emergency Operations Center (EOC) within the county. Eligible reimbursement costs include, but are not necessarily limited to: Architectural and Engineering services and fees; site survey and soil testing; necessary permits and fees; civil and utilities site work; access driveways and parking; site security measures; construction of the building's superstructure, shell (envelope) and essential ancillary structures; communications infrastructure and tower(s); helipad; special inspections; mechanical, plumbing, electrical, telecommunications, conveying and security systems; lightning protection; redundant infrastructure equipment and systems (e.g., electric generators, uninterruptible power supplies, etc.); and, finish work, furnishings and equipment. B. The EOC shall be constructed with sufficient space to house people and equipment for day-to- day and sustained continuous emergency operations, and capable of full staffing for the most extensive emergency anticipated. At a minimum, the designated EOC functional area(s) and essential shared-use area(s) shall be designed for an emergency operations staff size of 11L persons per shift.. C. At a minimum, the EOC shall meet the hurricane hazard safety criteria established in Standards for Hurricane Evacuation Shelter Selection (ARC 4496). D. The EOC and essential ancillary structures and equipment shall be designed to resist the effects of a major hurricane. The wind design load requirements shall be in accordance with the American Society of Civil Engineers (ASCE) Standard 7, Minimum Design Loads for Buildings and Other Structures. 19 The minimum wind design criteria shall include: Design Wind Speed = 200 miles per hour (3 second gust) Wind Importance Factor, 1= 1.00 Exposure Category = C . Directionality Factor, Kd = 1.00 Internal Pressure Coefficient, GCpi = +/- 0.18 All components and cladding assemblies necessary to maintain a structurally enclosed condition and prevent rainwater intrusion shall be designed to meet the wind design criteria. Structural metal decking and cladding materials shall be 22 gauge or thicker. Roof cover waterproofing barriers shall meet the wind design criteria. Loose aggregate roof ballast shall not be used on the roof cover. Rooftop equipment shall be designed and installed to meet the wind design criteria. E. The EOC and essential ancillary structures and equipment shall resist penetration by windborne debris impact. At a minimum, all exterior enclosure components, claddings and assemblies (Le., walls, roofs, louvers, windows, doors, etc.) located within 60 feet in height above finish grade shall meet the hurricane windborne debris impact criteria specified in the Department of Energy's (DOE) Standard, Natural Phenomena Hazards Design and Evaluation Criteria, DOE-STD-1020-2002. That is, the building enclosure must resist penetration by a nominal 2"x4" lumber plank weighing 15 pounds propelled at 50 miles per hour striking end-on and normal to the assembly surface, or equivalent performance as approved by the Division. As applicable, impact test procedures shall be consistent with recognized state and national standards; such as, Test Standard for Determining Impact Resistance from Windbome Debris SSTD 12, American Society of Testing and Materials (ASTM) Standards ASTM E 1886 and ASTM E 1996, and Florida Building Code Testing Protocols TAS 201, TAS 202 and TAS 203. F. The following information related to wind loads and flooding shall be shown on the construction drawings: 1. wind design per ASCE 7 with applicable year of revision; 2. design wind speed; 3. wind importance factor I; 4. design wind exposure; 5. wind directionality factor 1<cJ; 6. design internal pressure coefficient; 7. design wind pressures in terms of pounds per square foot (pst) to be used for the design of exterior component and cladding materials not specifically designed by the principal licensed design professional; 8. windborne debris impact performance criteria; and, 9. finish floor elevation with comparison reference to the 500-year flood elevation (if determined), and the base flood elevation. G. The EOC shall be designated as a threshold building(s), and special structural inspections required. Special inspections shall be conducted in compliance with Section 553.79, Florida Statutes and other applicable statutes, laws and rules. H. The minimum design elevation of the lowest floQr for the EOC and essential ancillary structures and equipment shall be located outside of or elevated above: Category 5 storm surge elevation plus fifteen (15) percent, the 500-year flood plain (if determined), or the base flood elevation plus three (3) feet, whichever is greater. The site (point maximum, one square mile) hydrologic design shall ensure that the EOC and essential ancillary structures and equipment are not flooded due to a 24 hour, 36.0 inch rainfall event applied over a precedent 24 hour, 100-year rainfall event. I. Where secondary (emergency) roof drains or scuppers are required by the Florida Building Code-Plumbing, the secondary system shall be sized for a rainfall rate of eleven (11.0) inches per hour. J. The EOC shall be designed for a minimum of 72 hours of self-contained continuous operation and shall not bè solely reliant upon off-site utilities (e.g., water, natural gas fuel, electricity, telecommunication and information technologies, etc.) The design shall ensure that the EOC is equipped with survivable communications to receive and distribute warnings, and ensure connectivity with other EOCs, the State Warning Point, adjacent jurisdictions, and key response and recovery agencies and organizations. 20 K. Force protection and security measures shall be consistent with the guidance published in Florida's Homeland Security Comprehensive Assessment Model (HLSCAM), United States Air Force Installation Force Protection Guide, or other federal or state recognized best-practices guides as . approved by the Division. L. The Recipient shall provide an initial timeline and estimated reimbursement allocation table. Table SW-1, "Initial Timeline and Estimated Reimbursement Allocation" or other similar instrument as approved by the Division may be used. Board Contract A roval Initial Payment of 20% in first uarter A&E Firm Selection Site Survey and Soil Testin Spatial Needs Assessment Preliminary Design, 70% com lete Preliminary Design, 100% com lete Re ulato Review Bid Document(s) Development & Award Notice to Proceed/Mobilization Construction Project Management & S eciallns ections Construction 25% Com Jete Construction 50% Com lete Construction 100% Com lete Contin enc Administrative Fees; maximum of 5% Sub-Totals $6,000,000 TOTAL Estimated Prooect Cost A&E - Architectural and Engineering; OEM - Division of Emergency Management; FY - Fiscal Year 21 M. During design and construction phases of the EOC project, the Recipient shall track and provide construction cost data for the designated EOC area as detailed in Table SW-2, "Cost Data for County Emergency Operations Center." 810 Su erstructure 1010 Floor Construction 1020 Roof Construction 1030 Structural Frame 1040 Load-8earin Wall 820 Exterior Enclosure 2010 Exterior Walls 2011 Veneer/Claddin 2012 Louvers 2020 Exterior Windows 2030 Exterior Doors 830 Roofin 3010 Roof Coverin s 3020 Roof 0 enin s 3021 Soffits Partitions Interior Doors Fittin s Stair Construction Wall Finishes Floor Finishes Ceilin Finishes 1010 1020. 2010 2020 2021 2040 3010 3020 3030 22 3050 3090 4010 4020 4030· 5010 5020 5030 1010 1020 1030 1090 1091 1092 1093 1094 1030 2010 2090 2091 II. PRODUCT ITEMS A. Recipient shall prepare an initial timeline with key milestone activities/tasks, including start and end dates for each activity and an estimate of cost reimbursement allocations. Table SW-1 in Scope of Work item I.L may be used to meet this product item. B. The Recipient shall provide one (1) copy each of site survey, site master plan, spatial needs assessmént, and schematic design plan or preliminary design drawings for review and comment by the Division. The spatial needs assessment and schematic design plan/preliminary design may be consolidated into one document. C. The Recipient shall provide one (1) set of substantially complete (approximately 70 percent) preliminary design construction drawings and specifications for the EOC and essential ancillary structures for review and comment by the Division. The construction drawings shall include site survey information, 23 landscaping, civil, architectural, structural, mechanical, plumbing, and electrical and telecommunications/information technology drawings. D. The Recipient shall provide one (1) set of bid-ready construction drawings and specifications for the EOC and essential ancillary structures for review by the Division. The construction drawings shall include site survey information, landscaping, civil, architectural, structural, mechanical, plumbing, and electrical and telecommunications/information technology drawings and shall be certified by the applicable registered or licensed design professional(s) of record. E. The construction drawings shall demonstrate that the EOC will meet the hurricane hazard safety criteria of ARC 4496, and the wind load, windborne debris impact, flood and security design requirements set forth in Scope of Work items I.C through I.K. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial of funds. F. The Recipient shall provide final project cost data as required in Scope of Work item I.M. G. The Recipient shall provide the Division with copies of pertinent construction permits, and the certificate of occupancy upon completion of construction project. III. SCHEDULE OF WORK A. By December 31,2006, the Recipient shall provide the Division with the Section II. above, Product Item A for review and approval. Failure to supply the required documentation, or disapproval of this documentation by the Division, shall result in denial of funds. B. By March 31, 2007 and at least on a quarterly basis thereafter, Recipient shall report on progress in relation to the initial timeline, and submit an invoice for reimbursement for work accomplished in accordance with the Division approved cost reimbursement allocation table referenced in Section \1 above, Product Item A. C. By May 15, 2009, the Recipient shall provide final project cost estimate data as set forth in Table SW-2, certificate of occupancy, close-out documentation and final payment invoice. 24 Attachment B Program Statutes and Regulations 1. Sections 215.555(7)(6) and 215.559, Florida Statutes 2. Chapter 252, Florida Statutes 3. Chapter 287, Florida Statutes 4. Chapter 119, Florida Statutes 5. Chapter 60A-1, Florida Administrative Code 6. Chapter 9G-19 Florida Administrative Code 25 ATTACHMENT C REPORTS 1. The Recipient shall provide the Division with quarterly financial reports, semi-annual summary progress reports and a final close-out report, all in a format to be provided by the Division. 2. Quarterly financial reports shall begin with the first quarter of the agreement period and are due to the Division no later than thirty (30) days after the end of each quarter of the agreement period; and shall continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of agreement period are December 31, March 31, June 30 and September 30. 3. The final close-out report is due sixty (60) days after termination of this Agreement. 4. If all required reports prescribed above are not provided to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take such other action as set forth in Paragraphs (10). "Acceptable to the Division" means that the work product was completed in accordance with generally accepted principles, guidelines and applicable law, and is consistent with the Scope of Work. 5. Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Division. 6. All report formats provided by the Division shall be made available to the Recipient on the Division's Internet site and a hard copy will be mailed with a fully executed copy of the Agreement 26 ATTACHMENT 0 JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is requested, budget data on which the request is based must be submitted. Any advance payment under this Agreement is subject to s. 216.181(16)(a)(b), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the recipient within the initial three months. . [ ] ADVANCE REQUESTED [ ] NO ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required. Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. ADVANCE REQUEST WORKSHEET If you are requesting an advance, complete the following worksheet (A) FFY 2003 (B) FFY 2004 (C) FFY 2005 (D) Total DESCRIPTION 3 1 2 MAXIMUM ADVANCE ALLOWED CALULATION: X $ Cell D3 OEM Award (Do not include any match) = MAXIMUM ADVANCE REQUEST FOR WAIVER OF CALCULATED MAXIMUM ] Recipient has no previous DEM contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. [ ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. 27 BUDGET CATEGORY 2006-2007 Anticipated Expenditures for First Three Months of Contract ADMINISTRATIVE COSTS (Include Secondary Administration.) PROGRAM EXPENSES TOTAL EXPENSES ESTIMATED EXPENSES Explanation of Circumstances: 28 Attachment E Warranties and Representations Financial Manaoement Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify adequately the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (6) Accounting records, including cost accounting records that are supported by source documentation. Competition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, and invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of conduct. The Recipient shall maintain written standards of conduct governing the performance of its emplòyees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. 29 Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from . LicensinQ and PermittinQ All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 30 ATTACHMENT F CONTRACTUAL FORMS PACKET (to be mailed with fully executed copy of Agreement) 31 ITEM NO. 12- DATE: October 10, 2006 AGENDA REQUEST REGULAR: ( X ) PUBLIC HEARING: ( ) CONSENT: ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Steve Fousek SUBMITTED BY (DEPT): ENVIRONMENTAL RESOURCES SUBJECT: Sandscrub LLC - Conservation Easement, phase II BACKGROUND: See attached memorandum FUNDS AVAILABLE: Funds will be made available in 317-3920-561000-3115 PREVIOUS ACTION: On February 14, 2006, The Board of County Commissioners approved a Contract for Sale and Purchase of a 250 +/- acre Conservation Easement from Sandscrub LLC. On April 25, 2006, The Board of County Commissioners approved the Sandscrub LLC Conservation Easement Management Plan. On August 24, 2006 the Land Acquisition and Selection Committee approved the SandScrub LLC Phase II Conservation Easement. RECOMMENDATION: Staff recommends that the Board disapprove the Sandscrub LLC phase \I Conservation Easement. County Attorney: xY Review and Approvals COMMISSION ACTION: Approved 5-0 R APPROVED o OTHER: o DENIED Management and Budget: x~ Purchasing: Originating Cept: (Env. Resources) Other: Other: Finance: Check for copy only, if applicable: (*---- " INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: FROM: BOARD OF COUNTY COMMISIONERS STEVEN J. FOUSEK, ENVIRONMENTAL LANDS MANAGER THROUGH: VANESSA BESSEY, ENVIRONMENTAL RESOURCES DIRECTOR DATE: SEPTEMBER 28, 2006 SUBJECT: SANDSCRUB LLC PHASE 11- CONSERVATION EASEMENT BACKGROUND The USDA Treasure Coast Resource Conservation and Development (TCRC&D) Council obtained funding from the St. Lucie Rivers Issue Team in the amount of $1 ,000,000 to acquire a conservation easement on the Sandscrub LLC property in 2005. The grant required a 50% match. The Board of County Commissioners approved the Sandscrub LLC Conservation Easement and matching funds from the Environmentally Significant Lands (ESL) bond on February 14, 2006. The original easement consisted of a 250 acre agricultural and conservation easement that removed the development rights from the site, while retaining agricultural uses of the property (Conservation Easement is enclosed). ESL funds are to be reimbursed when a Transfer of Development Rights program is in place. The site consists of a variety of upland and wetland habitats that includes bay gall swamp (60 ac), scrub (40 ac), wet flatwoods (7 ac), depression marsh (1 ac), and improved pasture (138 ac). Phase I is located immediately adjacent to the Bluefield Natural Area. Sandscrub Phase II is an addition to the original conservation easement, lying immediately north of phase I, encompassing approximately 136 acres (see enclosed map). The site consists primarily of wetland habitats including Bay gall swamp (45 ac), wet flatwoods (37 ac), depression marsh (5 ac), mesic flatwoods (4 ac), and improved pasture (45 ac). Funds to acquire the conservation/agricultural easement are proposed to be utilized from a St. Lucie River Issues Team grant ($1,000,000) and ESL funds ($1,000,000). The conservation easement is proposed to be similar to phase I. The Land Acquisition and Selection Committee approved the conservation easement at its August 24, 2006 meeting. Staff has the following comments: · Site is nearly entirely wetlands that afford some existing level of protection; · No imperiled communities as defined by Florida Natural Areas Inventory (FNAI) as S1 or S2 designations exist on the property; · No threatened or endangered species were noted on the site; · Site is not adjacent to existing environmental lands; and · A proposed wildlife corridor is outside of the property·boundaries. In summary, the site is not a priority area for protection. Staff recommends that future Conservation Easements should be selected in areas identified as high priority areas. A Request For Proposals may be solicited in advance from landowners who are unwilling to sell their land fee-simple, but may be seeking Conservation Easements. Properties that are on existing A and/or B lists should receive priority, while those properties not on the list would be evaluated by the LASC and ranked according to established criteria. RECOMMENDED ACTION Staff recommends that the Board disapprove the Sandscrub LLC phase II Conservation Easement. Respectfully submitted, /~ gÞ~o-I1 Steven J. Fousek Environmental Lands Manager ,ò t:: :::3 o o () () .Q o ..c:: (..) () ~ o Salldscmb I I Sandscmb I Bluefield Mitigation Bank I Legend I Project site ¡ Q-ð / 8' q,flj & Environmentally Significant Lands .PUbIIC land.; DConservBbOn Easements o 05 L L.....- I Pinelands - ! J l ~ <:-~ ~.<: 0- ~ I i ! I ~ I i ~ ! I Ii , I: Martin County 1 . MiJe. SJ:;-.L~~~ GIS "'? ~~~, Map prepared July 2. 2004 ~ 1-1 Paleo HalJUllock ./' ~/ ..~/ G~/ 0~ _/ cfÞ~/ / -' / //" .-.,"".-..,=== N A 15 . "0 CI: '" B '" ., ü ,/ / ,,,./ ~ ;i ~ ('f) *r ~ ~ (/) (/) () ~ (/) u ~ ~ () « ..... ~ LO LO (/) ~ .- II () LO II (/) .r: .2 (D ~ () (/) ~ (D II ::J U ro () ('f) (/) 1ij « :::!: - .- -0 æ .- c: CO II 0 N 0 E (/) 0 II (i) 'x ~ -0 ~ () :ß 0 () CO ~ 0.. « u:: 0.. c. ïü ~ c. () -;:. ~ .s 0 0 ¡. .. PERPETUAL CONSERVATION EASEMENT THIS PERPETUAL CONSERVATION EASEMENT ("Easement") is made this 14th day of FEBRUARY 2006, by and between SANDSCRUB, LLC, a Florida Limited Liability Company (the "GRANTOR") whose address is 2650 South Kings Highway, Fort Pierce, Florida 34945, in consideration of TEN DOLLARS ($10.00) and other valuable consideration, the adequacy and receipt of which are hereby acknowledged, received from ST. LUCIE COUNìY, FLORIDA, a political subdivision of the State of Florida (the "GRANTEE"), with its principal office at 2300 Virginia Avenue, Fort Pierce, Florida 34982. WITNESSETH: WHEREAS, GRANTOR is the owner in fee simple of certain real property in St. Lucie County, Florida, more particularly described in Exhibit "A", attached hereto and incorporated herein by reference (the "Property"); and, WHEREAS, the Property possesses certain natural, ecological, open space, and agricultural value in need of preservation; and, WHEREAS, the specific conservation values of the Property are further documented by an inventory of relevant features of the Property, jointly prepared and in the possession of both GRANTOR and GRANTEE, and incorporated by this reference (" Baseline Documentation"), consisting of maps, aerial photographs, and other documentation that the parties agree provide, collectively, and accurate representation of the Property at the time of this grant and which is intended to serve as an objective, though non-exclusive, information baseline for monitoring compliance with the terms of this grant; and, WHEREAS, GRANTOR and GRANTEE intend that the conservation values of the Property be preserved and maintained by permitting only those land uses on the Property that do not significantly impair or interfere with said values, including those land uses relating to cattle ranching and "Agricultural Uses" and identified in the Baseline Documentation; and, WHEREAS, GRANTOR and GRANTEE intend to assure that certain portions of the property (the "Preserve Area") wi II be retained forever predominately in their current natural, vegetative, hydrologic, scenic, open or wooden condition; and, WHEREAS, GRANTOR intends by this instrument to convey to GRANTEE the right to preserve and protect the conservation values of the Property in perpetuity, reserving unto GRANTOR all other rights not inconsistent with this grant. NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to and in accordance with the provisions of Section 704.06, Florida Statutes, GRANTOR hereby voluntarily grants and conveys to GRANTEE a Conservation Easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth (the "Easement"). 1. PURPOSE. It is the purpose of this Easement to (i) assure that the "Preserve Areas" as depicted and identified in the Baseline Documentation, will be retained forever predominately in their current natural, vegetative, hydrologic, scenic, open, or wooded condition, and (ii) to prevent any use of the Property that will significantly impair or interfere with the conservation values of the Property. GRANTOR further intends that this Easement will confine the present and future uses of the Property to such compatible activities, including those specified Agricultural Uses set forth herein which the parties agree are not inconsistent with the purpose of this Easement. 2. RIGHTS OF GRANTEE. To accomplish the purpose of this Easement, the following rights are conveyed to GRANTEE: (a) The right of GRANTEE to preserve and protect the conservation values of the Property; and (b) The right to enter upon the Property, with any necessary equipment and vehicles, at reasonable times in order to monitor compliance with and otherwise enforce the terms of this Easement; provided that, except in cases where immediate entry is required to prevent, terminate or mitigate a violation of this Easement, such entry shall be upon prior reasonable notice to GRANTOR, and GRANTEE shall not in any case unreasonably interfere with GRANTOR I S use and quiet enjoyment of the property; and (c) The right to enjoin any activity on or use of the Property that is inconsistent with this Easement and to enforce the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 3. PROHIBITED USES. Except to the extent reserved to GRANTOR herein, or presently existing, the following activities are prohibited in or on the Property: (a) Construction or placing of bui Idings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground except as provided in paragraph 4(c). (b) Dumping or placing of soil or other substance or material·as landfill or dumping or placing of trash, waste, or unsightly or offensive materials; provided that this prohibition shall not be construed to prevent the deposit of agricultural waste or animal waste generated by the Agricultural Uses on the property (excluding hazardous materials, toxic wastes or substances, pollutants or contaminants, including but not limited to those as defined by the Resource Conservation and Recovery Act, 42 U.S.C. Sections 6901-6991 or the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sections 9601-9674, as amended by the Superfund Amendments and Reauthorization Act of 1986, or any Florida Statute defining hazardous materials, wastes or substances) on the property, as further defined and identified herein and in accordance with applicable statutes, ordinances and administrative rules and regulations. ( c) Removal or intentional destruction of trees, shrubs, or other natural vegetation (except for the removal of exotic or nuisance plants or vegetation which includes but is not limited to: Brazilian Pepper, Australian Pine and Melaleuca and Soda Apples or other exotic or nuisance vegetation designated by the GRANTEE which exotic or nuisance plants or vegetation GRANTOR shall remove in accordance with an approved preserve area management plan) located within the Preserve Areas identified by the parties in the Baseline Documentation; provided that this prohibition shall not be construed as restricting GRANTOR from devising a management plan or procedure approved in writing by GRANTEE for the destruction or removal of trees or other vegetation to control or prevent hazard, disease, or fire. (d) Commercial excavation, dredging, or removal of minerals, loam, peat, gravel, soil, or rock; provided that construction materials, such as rock, dirt, sand, and gravel, may be taken for use in connection with permitted activities on the Property only from locations approved in writing by GRANTEE. (e) Dairy operation of any type; provided that GRANTOR may graze animals in accordance with an approved USDA grazing plan. (f) Activities detrimental to flood control, water management, conservation, water storage, erosion control, soil conservation, fish and wildlife habitat preservation, and allied purposes¡or any use or activity that causes, or is likely to cause significant soil degradation or erosion or significant depletion or pollution of any surface or subsurface waters; provided that this prohibition shall not be construed as extending to agricultural operations and practices outside the Preserve Area (including, without limitation, the use of agrichemicals such as fertilizers, pesticides, herbicides, and fungicides) that are substantially in accordance with generally accepted ranching and farming practices and which do not adversely impact the Preserve Area. No agrichemicals, with the exception of those used to treat exotic vegetation and fertilizers in accordance with the approved grazing plan, shall be applied to the Preserve Area unless otherwise agreed in the management plan. (g) The legal or de facto subdivision of the Property for residential, commercial, or industrial development except as provided in Paragraph 4(d). (h) The alteration or manipulation of the ponds and surface water courses located on the Property as identified in the Baseline Documentation for any purpose other than natural system restoration or maintenance, or (2) the creation of new water impoundments or water courses for any purpose other than permitted Agricultural Uses of the Property; provided that any new water impoundments or any new water courses for permitted Agricultural Uses must be approved in writing by GRANTEE which approval may only be withheld upon evidence of adverse impact to the Preserve Area. If approved, the new water impoundments and water courses shall be located in the designated Agricultural Areas and a minimum of fifty (50) feet from the general boundaries of the designated Preserve Area. (i) Commercial hog or poultry operations; provided, however, this prohibition shall not be deemed to apply to prohibit hunting of feral hogs of any type or breed which naturally inhabit the Property. (j) Commercial aquaculture (defined as cultivation of animal and plant life in a water environment). This prohibition shall not prohibit the GRANTOR from providing for a commercial aquaculture operation outside the Property on a five hundred (500) acre area of the Agricultural Areas identified in the Baseline Documentation. Any commercial aquaculture operation within the five hundred (500) acre area, must provide a recirculating system that generates no net waste from the system. Any aquaculture that includes impounding surface waters or discharging to the surface waters must be approved in writing by the GRANTEE as consistent with the objectives of this Easement. (k) Commercial citrus grove operations; hydroponic (or similar closed system production) or organic citrus groves (which is defined as a grove where no commercial fertilizers or pesticides are applied). This prohibition shall not prohibit the GRANTOR from providing for a commercial citrus grove outside the Property limited to no greater than seven hundred fifty (750) acres located within the Agricultural Areas located outside the Property. (I) No residential structures currently exist in the Preserve Area. This Easement precludes any structures from being built in the Preserve Area in the future. 4. RESERVED RIGHTS. GRANTOR reserves to itself in perpetuity, its personal representatives, heirs, successors, and assigns in perpetuity, all rights accruing from its underlying fee simple title and ownership of the Property, including the right to engage in, or permit or invite others to engage in, all uses of the Property that are not expressly prohibited herein and are not inconsistent with the purpose of this Easement. Without limiting the generality of the foregoing, and subject to the terms of paragraph 3, the following rights are expressly reserved: . (a) To engage in any and all agricultural uses (the "Agricultural Uses") of the Property outside of the Preserve Area except those agricultural uses prohibited in paragraph 3. For the purpose of this Easement, "Agricultural Uses" shall be defined as: breeding, raising, boarding, pasturing, and grazing cattle, horses or other livestock subject to the written approval of the County if the livestock is consistent with the purposes of the Easement; breeding and raising bees, fish; planting, raising, harvesting and producing agricultural, aquacultural, horticultural, and forestry crops; and the primary processing, storage, and sale, including direct retail sale to the public of crops and products, harvested and produced on the Property. (b) To engage in and permit others to engage in recreational uses of the Property, including, hunting, fishing, and ecotourism, that require no surface alteration or other development of the land; provided, however, that commercial ecotourism activities shall be limited to no more that fifty (50) persons and ten (10) vehicles per day. Within or adjacent to the Preserve Area, vehicles used for recreational purposes shall only use existing roads and trails in the Preserve Area. Hunting shall be limited to immediately family members only and non-paying guests. Hunting leases are prohibited. (c) To construct, replace and maintain barns equipment storage facilities, roads, bridges, fences, cowpens, and other structures necessary for the operation of the Agricultural Uses on the Property in the Agricultural Areas described in the Baseline Documentation. All new construction is subject to the written approval of the GRANTEE. New construction, with the exception of fences, shall be no closer than fifty (50) feet from the general boundaries of the designated Preserve Area. GRANTOR shall reserve the right to repair, replace and maintain all existing structures, facilities, roads, bridges and uti lities (including systems for irrigating the Property) existing as of the date of this Easement within the designated Preserve Area. (d) To erect and maintain fences and boundary markers for the purpose of controlling unauthorized use or access, and establishing boundaries; provided that such fences and markers shall not materially interfere with the purposes of this Easement. (e) Permitting cattle or horses, or other approved livestock under the Agricultural Uses to have access to the entire Property. (f) The placement of signs on the Property outside the Preserve Area to state the name and address of the Property and the names of persons living on the Property, to advertise an on- site activity (Agricultural Use), to advertise the Property for sale or rent, and to post the Property to control unauthorized entry or use. (g) To sell, rent, and mortgage the Property subject to this Easement. 5. NOTICE AND APPROVAL. Whenever GRANTEE I S approval is required for any action to be undertaken by GRANTOR on'the Property as provided in this Easement, GRANTOR shall notify GRANTEE in writing of its request. The notice shall describe the nature, scope, design, location, time table, and any other material aspect of the proposed activity in sufficient detail to permit GRANTEE to make an informed judgment as to its consistency with the purpose of this Easement. Where GRANTEE'S approval is required, GRANTEE shall grant or withhold its approval in writing within sixty (60) days of receipt upon a reasonable determination by GRANTEE that the action as proposed would be inconsistent with the purpose of this Easement. In the event GRANTEE'S approval is withheld, and GRANTOR in its discretion deems GRANTEE'S actions to be unreasonable, GRANTOR reserves the right to submit the issue or controversy to a court of competent jurisdiction whose decision shall be binding on the parties. Prior to filing suit, the parties agree to mediate the dispute with the services of a professional mediator. 6. ACTS BEYOND GRANTOR'S CONTROL. Nothing contained in this Easement shall be construed to entitle GRANTEE to bring any action against GRANTOR for any injury to or change in the Property resulting from causes beyond GRANTOR'S control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by GRANTOR under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 7. ACCESS. No right of access by the general public to any portion of the Property is conveyed by this Easement. 8. EXISTING EASEMENTS. The Easement conveyed herein is subject to existing easements for public roads and highways, public utilities, railroads, and pipelines, provided further that any use of the Property shall be subject to Federal and State laws with respect to pollution. 9. GRANTEE'S NON-LIABILITY. Neither the ownership or attempted enforcement of GRANTEE'S rights held under this Easement shall subject GRANTEE to any liability for any damage or injury that may be suffered by any person on the Property or as a result of the condition of the Property, including liability for the disposal of solid wastes or pollutants. 10. FORBEARANCE. Enforcement of the terms and restrictions of this Easement shall be at the reasonable discretion of GRANTEE and any forbearance on b~half of GRANTEE to exercise its rights hereunder in the event of any breach hereof by GRANTOR shall not be deemed or construed to be a waiver of GRANTEE'S rights hereunder. 11. SEVERABILITY. If any provision of this Easement of the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions shall not be affected thereby, as long as the purpose of this Easement is preserved. 12. NOTICES. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly delivered only (i) on the date delivered, if by personal delivery; (ii) if mailed by certified mail/return receipt request, then the date the return receipt is signed or delivery is refused or the mail is designated by the postal authorities as not deliverable, as the case may be; or (iii) one (1) day after mailing by any form of overnight mail service. Notice to GRANTEE shall be delivered to the County Administrator with a copy to the County Attorney. 13 . TAXES AND ASSESSMENTS. For so long as GRANTOR shall retain fee simple title to the Property, GRANTOR shall keep current on the payment of taxes and assessments on the Property and not allow a lien on the Property superior to this Easement. In the event Grantor fails to extinguish or subordinate any such lien, GRANTEE may elect to payoff the lien on behalf of GRANTOR and GRANTOR shall reimburse GRANTEE for the amount of the payoff, together with reasonable attorney's fees and costs, and with interest at maximum allowable rates, no later than thirty (30) days after delivery of notice of such payment. The debt owed to GRANTEE constitutes lien against the Property which automatically relates back to the date of the recording of this Easement, and GRANTEE may foreclose on the Property in the manner of mortgages on real property in the event GRANTOR does not so reimburse GRANTEE. 14. MODIFICATION OF EASEMENT. This Easement may only be modified, amended, or released by recordable written agreement between the parties to be filed in the official records of St. Lucie County, Florida. 15. SUBSEQUENT TRANSFERS. A statement acknowledging the existence of this Easement shall be inserted by GRANTOR in any subsequent deed or other legal instrument by which GRANTOR divests itself of any interest in the Property. GRANTOR shall notify any future holder of GRANTEE'S interest in the Property of this Easement. 16. PRESERVE AREAS MANAGEMENT PLAN: COMPLIANCE MONITORING. GRANTOR and GRANTEE shall develop and implement a management plan for the Preserve Area that will address issues such as burning, exotic removal and fence maintenance. GRANTOR shall assist GRANTEE in the monitoring and enforcement of the terms and conditions of this Easement. GRANTEE shall provide GRANTOR in writing its assigned monitoring employees or agents. Written notification shall be provided each time there is a change in monitoring employees or agents. It is the intent of GRANTOR and GRANTEE that all monitoring employees and agents shall be properly identified in order to prevent unauthorized entry on or access to the Property. The parties agree to monitor compliance at least annually by January 1, of each year. GRANTEE reserves that right to subcontract with the USDA to perform these functions. 17. BASELINE DOCUMENTATION. GRANTOR and GRANTEE have jointly prepared a series of documents consisting of maps, aerial photographs, and other documentation identifying the current features of the Property collectively referred to throughout this Easement as the "Baseline Documentation." The parties agree this documentation is not intended to prohibit or interrupt the natural cycles of change on or affecting the Property. The parties further acknowledge and agree the Baseline Documentation is being recorded with this Easement and is to be utilized solely as a benchmark or reference source to assist the parties in monitoring compliance with the terms of this Easement. Duplicate originals of the Baseline Documentation shall be dated, signed, and sealed by both GRANTOR and GRANTEE and retained by each party. Aerial photographs have been prepared which generally depict the boundaries of the Preserve Area and Agricultural Areas referred to in this Easement. The parties acknowledge the boundaries of each area have not been surveyed. 18. AMENDMENT. If circumstances arise under which an amendment to or modification of this Easement would be appropriate, GRANTOR and GRANTEE are free to jointly amend this Easement; provided that no amendment shall be allowed that will affect the qualification of this Easement or the status of GRANTEE'under any applicable laws, including Section 170(h) of the Internal Revenue Code of 1954, as amended and any amendment shall be consistent with the purpose of this Easement, and shall not affect its perpetual duration. Any such amendment shall be recorded in the official records of St. Lucie County, Florida. 19. BINDING EFFECT. All terms and restrictions herein contained run with the land and shall inure to the benefit of and be binding upon the parties hereto and their respective executors, administrators, personal representatives, heirs, successors, and assigns. 20. POLICE POWER. Nothing in this Easement shall be construed as contracting away GRANTEE's power to otherwise regulate the property pursuant to GRANTEE's police power. 21. DEVELOPMENT RIGHTS. The GRANTEE understands the GRANTOR is purchasing the development rights of 50 units (current zoning is AG-5) for a future transfer of development rights program, which may allow the GRANTOR the ability to recover 50% of the costs of this Easement or $1,000,000.00. TO HAVE AND TO HOLD the same together with all and singular appurtenances thereunto belonging or in anywise incident or appertaining to the proper use, benefit and behalf of the GRANTEE, its successors or assigns forever. AND the GRANTOR hereby covenants with the said GRANTEE that it is lawfully seized of the Property in fee simple; that it has good right and lawful authority to convey this Easement; and that it fully warrants and defends the title to the Easement hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, this Perpetual Conservation Easement, has been executed by the GRANTOR whose hand and seal is affixed hereto, the date and year first above written. Signed, sealed and delivered in our presence as witnesses: SAND SCRUB, LLC, A FLORIDA LIMITED LIABILITY COMPANY By: Print Name Print Name STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this _ day of 2006, by , as for SAND SCRUB, LLC, A FLORIDA LIMITED LIABILITY COMPANY who is personally known to me or has produced a Drivers License issued within the last five years as identification. NOTARY PUBLIC STATE OF FLORIDA My Commission Expires: G:\ACQ\ WP\JoAnn\Environmental\Sandscrub\Conservation Easement Final Final.wpd . ;. FEE, DeROSS & FEE ATIORNEYS AT LAW An AjJiÙatio" ofProf'JJiDnal.4.JSociatfofU JAN25 , ____----i . 0 '0- ...- . .... .:'. ':.-:",' ~,:-!1:";/SP'" ·)~·I . ~ . -::.\ ..::..:;:...:....:.~~ no '. 401 soum INDIAN RIVER DRIVE FORT PIERCE, FLORIDA 349S0 FRANK H. FBB.Iß FRANK H. FEE. IV ornE" rEE, P.A. FRED FEE (1818-1939) FRANK FEE (1913-19&3) SINCE 1905 TELEPHONE (772) 461-S020 10SEPH 1. CeROSS. JR. . of JOSEPH J. DeROSs, JR., P.A. TELECOPIER (772) 468-8461 Writer's E-MaIl feef@harborfederal.com January 24, 2006 Ms. JoAnn Riley, Manager St. Lucie County Property Acquisition 2300 Virginia Avenue Fort Pierce, FL 34982-5652 RE: SaDdscrub~ LLC Part of Tax LD. No. 4116-113-0025-000-6 Dear Ms. Riley: I am responding to your inquiry made by letter dated January 23,2006, regarding the intent of Sandscrub, LLC, as relates to recreational hunting and fishing on the property as permitted by Paragraph 4(b) of the Perpetual Conservation Easement At this time, the immediate members of the Johnson family only are permitted to hunt the property. Substantially, no game has been tAken other than feral hogs as is necessary to maintain the property. Immediate family members, however, would reserve the right to hunt the property lðereationally, keeping at all times the game laws of the State of Florida. Characteri~tical1y. hunting would be accomplished with rifles, though some bow hunting may occur. Numbers of animals taken is not an issue at this time for the reason stated, but at no time in the future would such numbers be permitted to exceed those permitted by game and conservation statutes. The principals ofSandscrub, LLC, contemplate only recreational hunting. No hunting leases or anything of that type is contemplated. Hopefully the foregoing provides answers to your inquiries. Please advise when we may consider signing the Contracts and Easement. v;rO- ~ . Frank H. Fee, ill FHF:lIb ., , ..' ~</ AGENDA REOUEST ITEM NO. 13 Date: October 10,2006 Regular [X] Public Hearing [ ] Consent [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Oceanique Development Company, Inc. - Status Report BACKGROUND: See C.A. No. 06-1629 FUNDS A V AIL. (State type & No. of transaction or N/A): N/A COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [] DENIED fXI OTHER: .~ Report Given County Attorney: ~/ Coordination/Sie:natures Mgt. & Budg~t: Purchasing: Originating Dept.: Other: Other: Finance (Check for Copy only, if applicable): ~lS ~~ GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM To: Dan Mcintyre, County Attorney Heather Young, Assistant County Attorney Katherine MacKenzie-Smith, Assistant County Attorney From: Growth Management Director Date: August 23, 2006 Subject: Oceanique Oceanfront Condominiums - Calculation of Density I have reviewed the calculations to determine the density allowed for the above referenced project and provide the following conclusions: The total area of the project site is 29.35 acres. Of this acreage, 28.55 acres is located above the Mean High Water line. The acreage of the project located above the mean high water line on the east side of North A-1-A is 9.35 and the acreage of the project above the mean high water line on the west side of North A-1-A is 19.2. According to Section 2.00.00 - Gross density is calculated as, "only those lands that lie above the elevation of the mean high water (MHW) shall be considered. In determining the elevations above or below MHW, man-made changes in the topography, subsequent to the effective date of this Code shall be ignored. If a parcel of land is divided by a public right-of-way or zoning atlas boundary, it may, at the owner's discretion, be considered to be one (1) parcel for the purpose of determining gross density. When computing allowable density, fractions greater than or equal to 0.5 shall be rounded to the next higher whole number." The Future Land Use Designation of the subject property is RM (Residential Medium), which allows a maximum residential density of 9 dwelling units an acre. Taking into account the above acreages, the calculation of density is as follows: Acreage of project above the mean high water line on the east side of North A-1-A is 9.35, times 9 du/acre equals 84 units. Acreage of project above the mean high water line on the west side of North A-1-A is 19.2, times 9 du/acre equals 173 units. The total number of units allowed is 257. Since there are 144 units in the Oceanique Oceanfront project, there is a remaining balance of 113 units. " INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney ~ C.A. NO: 06-1629 DATE: October 6, 2006 SUBJECT: Oceanique Development Company, Inc. - Status Report On May 11, 2004, the Board of County Commissioners granted major site plan approval to Oceanique Development Company, Inc. for the project known as "Oceanique Condominiums" to be located on the east and west sides of SR A-I-A on North Hutchinson Island. The approval included a condition that Oceanique convey a conservation easement to the County over approximately 17.33 acres adjacent to the western portion of the project. On May 5, 2005, Oceanique Development Company, Inc. executed the Conservation Easement pursuant to its development approval. As it has since been learned, the property had in fact been included with several conveyances from the corporation to its principal, Maurice Kodsi, prior to the execution of the Conservation Easement. The matter was brought to the County's attention by thè North Beach Home Owners Association. On August 7, 2006, staff met with Mr. Kodsi, his attorney and his engineer. Mr. Kodsi indicated his willingness to correct the conservation easement to reflect his ownership of the property. Staff prepared a corrected conservation easement and forwarded it and a copy of Resolution No. 04-017 approving the site plan to Mr. Kodsi's attorney. Copies of both documents were also provided to representatives of the North Beach Home Owners Association. The Association has provided several sets of comments regarding the resolution and the potential for development on the western portion ofthe property. In order to resolve the matter, the developer has offered to donate the subject property to the County with the understanding that any development potential on the western portion subject to the approved site plan. Should the developer decide to pursue additional development on that property in the future, any development would be subject to the County development regulations. It should be noted that the maximum density on the property to be retained by the developer based upon its future land use is approximately eleven (11) units. A copy of a memorandum from Growth Management regarding this density calculation is attached. Any development on that property which the developer may seek to pursue in the future would be subject to all County land development regulations. 1 1. The developer's attorney has been advised that staff would agenda this matter for the Board's meeting of October 10, 2006. He indicated that he was in the process of preparing the deeds and would send them to his client on October 3,2006 with a recommendation that they be executed. Attached to this memorandum is a copy of a letter confirming our discussions and further advising him that if the deeds were not received in a timely manner, staff would recommend to the Board that it initiate the steps necessary to issue a stop work order on the project. HY/ Copies to: County Administrator Growth Management Director Planning Manager Hank Flores Property Acquisitions Manager 2 .., ~ To: Submitted By: SUBJECT:" BACKGROUND: .FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: c::xJ APPROVED c=J OTHER Agenda Request Item Number Date: l1.\ 10/10/06 Consent Regular Public Hearing Leg. [ ] [ ] [X] [ ] Quasi-JD [ Board of County Commissioners Presented By Growth Management ~~ ~ Growth Man'agement Director Petition of Aurelio and Maria Pereira for Major Site Plan approval of the project to be known as Noble Oaks Estates for property located on the east side of South 25th Street, approximately 320 feet south of Midway Road - Draft Resolution No. 06-227. The Petitioners, Aurelio and Maria Pereira have requested Major Site Plan approval for a 17 lot single family subdivision to be known as Noble Oaks Estates. The proposed location is on the east side of South 25th Street, approximately 320 south of Midway Road. N/A N/A Staff recommends approval of Draft Resolution No. 06-227. CONCURRENCE: U DENIED Approved 5-0 County Attorney ¡ 5tJ-. . Originating Dept.: ~ Finance: Coordinationl Signatures Mgt. & Budget: 'Q::f Environ. Res. Dept: ') Road & Bridge Dept: - . Transmittal Master Checklist Primary Distribution Environmental Resources Department, Amy Mott: Sent y Public Works Surveyor - Ron Harris: Road, Bridge, & Transportation - Don Pauley: Stormwater Management - Chris Lestrange: . General Engineering - Don West: Zoning Supervisor - Paula Bushby: y y y y NA Attorney Prop Acquisition - JoAnn Rilèy: y Sheriff s Department - Major Monahan: y St Lucie County Fire District - Captain Derek Foxx: y Ft Pierce Farms/North St Lucie Water Control District _ Ray Garcia: NA Property Appraiser's Office - Maurice Snyder: NA IF AS - Jeffrey Gellermann: NA Residential OnIv School Board of St Lucie County - Marty Sanders: y Community Services (Transit) - Jody Bonet: NA Geoe:rauhical Based St Lucie County Utility Department - Mike Bowers: NA Airport Authority - Diana Lewis: NA City of Ft Pierce - Beach/Recor: Y City of Port St Lucie - Cheryl Friend: NA Ft Pierce Utilities Authority - David Mellert: Y Education and Research Authority - Jane Bachelor: NA Received Y Y Y Y Y Y Y Y · County Commission Review: October 10, 2006 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM To: Board of County Commissioners Through: Bob Nix, AICP, Growth Management Director Hank Flores, Planning Manager From: Wendy Clark, Senior Planner Date: October 4, 2006 Subject: Petition of Aurelio and Maria Pereira for Major Site Plan approval for the project to be known as Noble Oaks Estates (File No.: 05-020) LOCATION: East side of South 25th Street, approximately 320 feet south of Midway Road EX1STING ZONING: LAND USE DESIGNATION: RS-2 (Residential, Single-Family - 2 du/ac) RS (Residential Suburban - maximum 2 du/ac) PARCEL SIZE: 9.80 acres PROPOSED USE: 17 lot, single family home subdivision. SITE DENSITY: 1.73 du/ac SURROUNDING LAND USE: Residential to the south and west across South 25th Street, White City Park to the east, commercial and vacant land to the north. FIRE/EMS PROTECTION: Fire Station #f3 (350 Midway Road) is located approximately two miles to the east. UTILITY SERVICE: Port St. Lucie Utility Service will be providing water and sewer to the subject property. TRANSPORTATION IMPACTS: Right of Way Adequacy: South 25th Street has a right-of-way width of 100 feet. Scheduled Area Improvements: None. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity October 4, 2006 Page 2 Subject: Noble Oaks Estates File No.:MJSP-05-020 ******************************************** STANDARDS FOR SITE PLAN REVIEW Section 11.02.07, of the St. Lucie County Land Development Code identifies the minimum Standards of Review for all proposed Site Plans. These standards must be met-in order for any site plan approvals to be considered. Staff has reviewed the request for a Major Site Plan approval, utilizing these requirements and notes the following: A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN The proposed building or use is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County; and the proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of St. Lucie County. The petitioners, Aurelio and Maria Pereira, are seeking Major Site Plan approval for a 17 lot, single family home subdivision, to be located on the east side of South 25th Street, approximately 320 feet south of Midway Road. The subdivision is to be known as Noble Oaks Estates. The Future Land Use designation on this property is RS (Residential Suburban, maximum 2 du/ac). Its zoning district designation is RS-2 (Residential, Single-Family - 2 du/ac). The smallest lot within this community is approximately 15,000 square feet and the largest is 37,977 square feet. All lots have a minimum lot width of 100 feet, as required by the RS-2 Zoning District. The gross development density on this site is 1.73 du/ac. The proposed Noble Oaks Estates subdivision is consistent with the general purpose, goals, objectives, and standards of this Code, the Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County. The proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of St. Lucie County. The subject site is located inside the County's established Urban Service Area. The proposed pattern of development is consistent with the single family character of the surrounding area and the site design has worked to protect the remaining native habitat found on site. B. EFFECT ON NEARBY PROPERTIES 1. The proposed building or use will not have an undue adverse effect upon nearby property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. The subject site is located inside the County's established Urban Service Area. The proposed pattem of development is consistent with the single family character of the surrounding area. The site has been designed to protect the remaining native vegetative habitat found on site through a dedicated conservation area. October 4, 2006 Page 3 Subject: Noble Oaks Estates File No.:MJSP-05-020 Based upon the Soil Survey of St. Lucie County Area, Florida, the soil content of the subject property has high potential for dwellings without basements, small commercial buildings, local roads and streets, and shallow excavations. Water control measures are needed to help overcome excessive wetness. The proposed surface water management system shall be designed and constructed in accordance with the South Florida Water Management and St. Lucie County criteria. The project provides a 0.55 acre Flood Compensation Area to handle additional storage of floodwater. The Port St. Lucie Utilities Service will be servicing the proposed project with both water and sewer services. 2. All reasonable steps have been taken to minimize any adverse effect of the proposed building or use on the immediate vicinity through building design, site design, . landscaping, and screening. The smallest lot within this community is approximately 15,000 square feet; the largest is 37,977 square feet. All lots have a minimum lot width of 100 feet, as required by the RS-2 Zoning District. The gross development density on this site is 1.73 du/ac. The proposed pattern of development is consistent with the single family character of the surrounding area to the south. 3. The proposed building or use will be constructed, arranged, and operated so as not to inteñere with the development and use of neighboring property, in accordance with applicable district regulations. The design of the proposed project has been determined not to interfere with the development or use of neighboring properties. The Future Land Use designation for the surrounding properties: to the north and west is RU (Residential Urban), to the south is RS (Residential Suburban), and to the east is CPUB (Conservation Public). The proposed project is considered compatible with the surrounding properties. C. ADEQUACY OF PUBLIC FACILITIES The proposed building or use complies with the standards of Chapter V, Adequate Public Facilities. The proposed Noble Oaks Estates subdivision has been determined to be consistent with the minimum level of service standards of Chapter V, Adequate Public Facilities. The developers of the Noble Oaks Estates subdivision have demonstrated that utility services will be provided by the Port St. Lucie Services; County staff has determined that the projected waste flows from this development can be accommodated at the County Landfill; the County has no minimum LOS standard for transit services. A Traffic Impact Statement was prepared for the proposed Noble Oaks Estates subdivision. The Trip Generation for the project was developed utilizing the Institute of Transportation Engineers Trip Generation Manual, Seventh Edition (ITE). Utilizing ITE Code 210, "Single Family Detached Housing", the Average Daily Traffic (ADT) count is 106 trips. Of the 106 ADT, 53 trips will be inbound and 53 outbound. Per the same ITE Code, the project will generate 12 PM Peak Trips. Ofthe 12 PM Peak Trips, 8 will be inbound and 4 outbound. The traffic generated by this project will not cause any adverse impacts on the surrounding roadway network. . October 4, 2006 Page 4 Subject: Noble Oaks Estates File No.:MJSP-05-020 D. ADEQUACY OF FIRE PROTECTION The applicant has obtained from the St. Lucie County Bureau of Fire Prevention written confirmation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. The applicant has obtained from the St. Lucie County Fire District written confir.mation that the proposed site plan conceptually meets the minimum access and water supply requirements for fire protection services at this facility. E. ADEQUACY OF SCHOOL FACILITIES The proposed building or use will be served by adequate school facilities. All construction within this community will be subject to the County's Educational Facilities Impact Fee Regulations. The proposed 17 single family homes can be expected to generate approximately 7 students (17 single-family units with a ratio of 0.405 students per dwelling unit). F. ENVIRONMENTAL IMPACT For developments required to provide an environmental impact report under Section 11.02.09(A)(5), the proposed development will not contravene any applicable provision ofthe St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley- Horn and Associates; Inc. (August, 1982). The site plan determined to be compliant with the applicable standards of the County's Land Development Code. The Environmental Resources Department has recommended conditions of approval. The'proposed project is located adjacent to the North Fork of the St. Lucie River and is in flood zones AE, X, and X500. Flood Zone AE requires a minimum finished floor elevation of 8 feet above sea level. Flood Zones X and X500 do not require a flood zone elevation certificate. The site plan shows a proposed finished floor elevation of the proposed homes at 8 feet 7 inches. The project will be served by a master drainage system to handle run-off from the proposed homes. The project has also been designed with a Flood Compensation Area to handle the additional storage of floodwater. This area is 0.55 acres in size. COMMENTS: The petitioners, Aurelio and Maria Pereira, are seeking Ma~or Site Plan approval for a 17 lot, single family home subdivision, to be located on the east side of South 25 Street, approximately 320 feet south of Midway Road. The proposed Noble Oaks Subdivision is consistent with the general purpose, goals, objectives, and standards of this Code, the Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County. The proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of St. Lucie County. The October 4, 2006 Page 5 Subject: Noble Oaks Estates File No.:MJSP-05-020 subject site is located inside the County's established Urban Service A.rea. The proposed patter~ of development is consistent with the single family character of the surrounding area. The proposed project protects the remaining native habitat found on site. Attached is a copy of Draft Resolution No. 06-227, which, if approved, would grant this request for Major Site Plan approval, subject to the following conditions: 1. Prior to the recording of any Final Plats of Noble Oaks Estates project, the developer, his successors or assigns, shall pay Road Impact Fees to St. Lucie County in the amount of $2,616.00 per single- family lot. The developer, his successors or assigns, shall not be responsible for any additional Road Impact Fee payments to St. Lucie County. Should the Board of County Commissioners approve a Road Impact Fee adjustment more than or less than the agreed to payment schedule described above,the above described schedule shall apply. 2. The Final Plat for the Noble Oaks Estates major site plan shall not be recorded until constructible engineering plans are approved, and all common improvements are either: a) built and accepted or approved by St. Lucie County; or b) appropriate security is provided to St. Lucie County in a form approved by the County Attorney and an amount approved by the County Engineer, including an amount necessary to cover the period of maintenance required by the Land Development Code. 3. No construction Development Permits shall be issued by the County until complete sets of sealed constructible final engineering plans, supporting calculations and survey data for all site work and offsite improvements are submitted to the County and approved by the Public Works Department, Utilities Department, Environmental Resources Department, Growth Management Department, St. Lucie County Fire District, and any other agency or County Department that may be determined by the Director of Growth Management to be necessarily involved in the review and approval of the constructible final engineering plans for the site work and offsite improvements. The determination of whether or not plans submitted by the applicant constitute a complete set of constructible plans shall be made by the departments involved in the plan review within five business days of the date the plans are received in the Department of Growth Management. 4. At any time in the development process, should the revised tree survey be found to be inaccurate, the project will stop until an accurate tree survey is submitted. 5. Soil disturbance shall be kept to a minimum during the transplanting of large palms and any other activities required within the 75' buffer. 6. All areas required to be preserved shall be covered by provisions for future protection and preservation in perpetuity (such as a conservation easement and deed restrictions for lots 9, 10, & 11 ). 7. All native vegetation, including understory, shall be preserved in the 75' river buffer. 8. Homes built within this subdivision shall be constructed on stem walls in order to substantially reduce amount of fill required and thereby allowing greater preservation of native vegetation. October 4, 2006 Page 6 Subject: Noble Oaks Estates File No.:MJSP-05-020 9. All development within the Noble Oaks Subdivision shall conform to the residential landscape requirements that are effective at the time of Building permit issuance. Prior to the issuance of any Certificate of Occupancy for any individual home, the homesite shall conform to the residential landscape requirements of the St. Lucie County Land Development Code. 10. The hours of operation for construction activities shall be limited to the time period from 7:00 A. M. to 5:30 P.M., Monday through Friday, 7:00 AM. to 1:00 P.M. Saturday and no work on Sundays. No construction shall take place on Federal Holidays. The hours of operation restrictions do not apply to sales activities. In the event the County adopts uniform hours of operation for construction activities that apply county wide, then such hours of operation shall supersede the hours of operation set forth herein. Noting the above conditions, staff recommends approval of Draft Resolution No. 06-227. Please contact this office if you have any questions on this matter. SUBMITTED: Per? ¡/Df Bob Nix, AICP Growth Management Director wc cc: Brian Nolan, Lucido & Associates Michael Powley, P.E., County Engineer Ron Harris, County Surveyor File 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 RESOLUTION NO. 06-227 FILE NO.: MJSP-05-020 A RESOLUTION GRANTING MAJOR SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS NOBLE OAKS ESTATES SUBDIVISION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Aurelio and Maria Pereira, have applied for major site plan approval for the project to be known as Noble Oaks Estates Subdivision located on the east side of South 25th Street, approximately 320 feet south of Midway Road, consisting of 17 single-family lots located in the RS-2 (Residential. Single-Family - 2 du/ac) Zoning District and described in Part B. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet minimum technical requirements of the St. Lucie County Land Development Code and to be consistent with the future land use maps from the St. Lucie County Comprehensive Plan. 3. The proposed project is consistent with the general purpose, goals, objectives and standards of review of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 4. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other"rnatters affecting the public health, safety and general welfare. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening'. 6. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 7. 8. The proposed project will be served by adequate public facilities an~ services. The applicant has applied for and received a certificate of capacity, a copy of which is attached to this order as Exhibit A, as required under Chapter V, St. Lucie County Land Development Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the site plan for the project to be known as Noble Oaks Estates, is hereby approved as depicted on the site plan drawings for the project prepared by Thomas Lucido & Associates, dated September 23, 2005, last revised July 25, 2006, and date stamped received by the St. Lucie County Growth Management Director on August 21,2006, for the following described property below, subject to the following conditions: File No.: MJSP-05-020 October 10, 2006 Resolution No. 06-227 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 1. 2. Prior to the recording of any Final Plats of Noble Oaks Estates project, the developer, his successors or assigns, shall pay Road Impact Fees to St. Lucie County in the amount of $2,616.00 per single-family lot. The developer, his successors or assigns, shall not be responsible for any additional Road Impact Fee payments to St. Lucie County. Should the Board of County Commissioners approve a Road Impact Fee adjustment more than or less than the agreed to payment schedule described above, the above described schedule shall apply. The Final Plat for the Noble Oaks Estates major site plan shall not be recorded until constructible engineering plans are approved, and all common improvements are either: a) built and accepted or approved by St. Lucie County; or b) appropriate security is provided to St. Lucie County in a form approved by the County Attorney and an amount approved by the County Engineer, including an amount necessary to cover the period of maintenance required by the Land Development Code. 3. No construction Development Permits shall be issued by the County until complete sets of sealed constructible final engineering plans, supporting calculations and survey data for all site work and offsite improvements are submitted to the County and approved by the Public Works Department, Utilities Department, Environmental Resources Department, Growth Management D'epartment, St. Lucie County Fire District, and any other agency or County Department that may be determined by the Director of Growth Management to be necessarily involved in the review and approval of the constructible final engineering plans for the site work and offsite improvements. The determination of whether or not plans submitted by the applicant constitute a complete set of constructible plans shall be made by the departments involved in the plan review within five business days of the date the plans are received in the Department of Growth Management. 4. At any time in the development" process, should the revised tree survey be found to be inaccurate, the project will stop until an accurate tree survey is submitted. 5. Soil disturbance shall be kept to a minimum during the transplanting of large palms and any other activities required within the 75' buffer. 6. All areas required to be preserved shall be covered by provisions for future protection and preservation in perpetuity (such as a conservation easement and deed restrictions for lots 9, 10, & 11). 7. All native vegetation, including understory, shall be preserved in the 75' river buffer. 8. Homes built within this subdivision shall be constructed on stem walls in order to substantially reduce amount of fill required and thereby allowing greater preservation of native vegetation. 9. All development within the Noble Oaks Subdivision shall conform to the residential landscape requirements that are effective at the time of Building permit issuance. Prior to the issuance of any Certificate of Occupancy for any individual home, the homesite shall conform to the residential landscape requirements of the St. Lucie County Land Development Code. File No.: MJSP-05-020 October 10, 2006 Resolution No. 06-227 Page 2 1 2 3 4 5 6 7 8 B. 9 10 11 12 13 14 15 16 17 C. 18 19 20 21 22 D. 23 24 25 26 27 28 29 30 E. 31 32 33 34 35 F. 36 37 38 G. 39 40 41 42 H. 43 44 45 46 I. 47 48 49 50 51 52 53 10. The hours of operation for construction activities shall be lim ited to the time period from 7:00 A.M. to 5:30 P.M., Monday through Friday, 7:00 A.M. to 1 :00 P.M. Saturday and no work on Sundays. No construction shall take place on Federal Holidays. The hours of operation restrictions do not apply to sales activities. In the event the County adopts uniform hours of operation for construction activities that apply county wide, then such hours of operation shall supersede the hours of operation set forth herein. The property on which this Major Site Plan is being approved is described as follows: 4 36 40 S 340 FT OF N 1/2 OF NW 1/4 OF SW 1/4-LESS S 10 FT AND LESS HAWLEY RD R/W AND LESS AS IN OR 628-238- AND LAND ABUTTING SAME ON E TO RIV (9.43 AC) (OR 1739-1732) Property Tax I.D. # 3404-312-0001-000-4 (Location: East side of South 25th Street, approximately 320 feet south of Midway Road) The approvals and authorizations granted by this Resolution are for the purpose of obtaining building permits on this property, shall expire on October 10, 2008, unless the developer has obtained building permits for the site plan described in Part A or an extension has been granted in accordance with Section 11.02.06, St. Lucie County Land Development Code. The Major Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioners, Aurelio and Maria Pereira, including any successors in interest, shall obtain all necessary. development permits and construction authorizations form the appropriate State and Federal regulatory authorities, including but not limited to: the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activJties on the property described in Part B. The Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid for the period of Site Plan approval. Should the Site Plan approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of capacity shall be required. A copy of this resolution shall be attached to the site plan drawings described in Section A, which plan shall be placed on file with the St. Lucie County Growth Management Director. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. The Director of Growth Management shall coordinate the issuance of further site Development Permits. No final site construction authorizations or site Development Permits shall be issued until all requirements for such permits are met. A copy of this resolution shall be mailed, return receipt requested to the developer and agent of record. This resolution shall be recorded in the Public Records of St. Lucie County. The recording of this resolution does not authorize the commencement of anyon-site development activities without obtaining such further development permits as may be required. All applicable conditions of approval as set forth above, and all applicable code requirements must be met to satisfaction of the County before final site construction permits are issued. File No.: MJSP-05-020 October 10,2006 Resolution No. 06-227 Page 3 After motion and second, the vote on this resolution was as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Chairman Doug Coward Vice-Chairman Chris Craft Commissioner Joseph E. Smith Commissioner Frannie Hutchinson Commissioner Paula A. Lewis xxx xxx XXX XXX XXX PASSED AND DULY ADOPTED this 10th day of September 2006. ATTEST Deputy Clerk we File: H:I RES06227 Noble Oaks Estates .doe File No.: MJSP-05-020 October 10, 2006 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney Resolution No. 06-227 Page 4 1 2 3 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 . 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 5 6 7 . File No.: MJSP-05-020 September 26, 2006 EXHIBIT "A" Certificate öf Capacity , Resolution No. 06-227 Page 5 St Lucie County Certificate of Capacity Date 9/19/2006 Certificate No. 2513 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Resolution No. 06-227 Number of units 17 Number of square feet 2. Property legal description & Tax ID no. 340431200010004 E side ofS. 25th St.(320 ft S. of Midway Rd) Noble Oaks Estates Subdivision 3. Approval: Building Resolution No. 06-227 Letter 4. Subject to the following conditions for concurrency: Subject to ten conditions in Resolution No. 06-227 Owner's name Aurelio and Maria Pereira Address 1425 SE Village Green Drive Port St. Lucie FL 34952 6. Certificate Expiration Date 9/19/2006 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Signed E c,j., tl..:t Date: 9/19/2006 Growth Management Director St Lucie County, Florida Tuesday, September 19,2006 Page lof2 C'O ~ . ã5 en ~ Q) Q)ro a..û) C'OW .~ en C'O:::t:, ~C'O 06° o~ == .c Q) 0 ~z « Z~L~ W :s . ;; i.. ;', e ~(~ ~~ "~ È " ~ ~ :¡-. ~ ~ ~~ r~' t \1\ ~, \\ OC.e~ j. ¡' þ c: ~ o U ~ ii c: ro 'ë E PIlO}IIU!IIS ! ptjllU!lIlUII¡'¡ ! ~ Pt/II"'::¡,'P"H ! ú p¡,¡ ¡)NilS IlIue:) "Z-:) ~ ð :¡¡ Á¡Un08 aaqOl~:Jaa)o <D o o C\ ai ¡¡; ~ 0) ~ « "C Q;) ro ~ æ ~ ~ ro ~ >- ë ~ o U c: '2 ro ~ ! u ---------- 5 3 2 4 GRAY TWIG LN 23 24 25 13 14 LUCY LN 2 GREGORY LN Legend ~ Subject parcel Aurelio & Maria Pereira Noble Oaks Estates ~ CI) I ~ L() N CI) 60 61 W MIDWAY RD 62 White City Park 62 1/2 30 29 28 27 26 25 24 23 22 21 2 3 4 5 6 7 8 9 10 ------ RIVER HAMMOCK LN ~ CI) I 1 2 ~ L() N CI) ~ CI) I ~ L() N CI) ~ CI) I 16 ~ L() N CI) 8 9 10 3 4 5 6 7 - "2 - - - -3- I - - - 4 - - - - "5 - - I 65 I 5è .Áuc-ú- 6'o~~:>. {irlTll'/1Í .M07Ul(!emeTI/ :09ortmen/ N A Map prepared August 9, 2006 Zoning Aurelio & Maria Pereira Noble Oaks Estates RS-2 R1 AR-1 60 AR-1 CN 62 8 9 RIVER BRANCH DR 30 29 28 27 26 25 24 23 22 21 AR-1 RS 2 1 2 3 4 5 6 7 8 9 10 11 13 14 RIVER HAMMOCK LN LUCY LN I- (fJ ~ 1 L() N (fJ 2 3 4 5 6 7 8 9 10 2 RS-2 I- (fJ I I- L() N (fJ I I - "2 - - - -3- T - - - 4 - - - - -; - - I 65 I I I - - 6- - - - "7 - i- - - - - - -I I I I I Legend 9:- .-LucÚ:, .a,~~,;.. {jro-wtlÍ .:Mana¡¡ement Ðepartment N Â ~ Subject parcel Map prepared August 9,2006 Future Land Use Aurelio & Maria Pereira Noble Oaks Estates RU 60 61 W MIDWAY RD 62 White City Park 5 4 2 CPUB 24 25 RU 62 1/2 Legend .>r /HVÚ; ÓOU~~.~.. (irtrWtli :Mana¡¡l!Tnenl1J9arlm~t N A ~ Subject parcel Map prepared August 9, 2006 Aurelio & Maria Pereira Noble Oaks Estates Legend Aerials: 2004 .9:- /.~U;Ù a,~~".~_ {ìro-wtli .Manaoement Ð'lPartment N A ~ Subject parcel Map prepared August 9, 2006 Aurelio & Maria Pereira Noble Oaks Estates Development Projects within a 2-mile radius .:::' . . ' '. '>::.:-:'" '::::.' ...... - ~ . 1\ ~iddle Fork Sub ivision 1 (' St Lucie Co ~ Cancer Center St LLcie Co~nty Cancer Cen r~ ~ ~ Ama " I Estates Subdi ision 1 I I I I I I I I I , , , , , , , , harlies DOdlj,,' Cutting Ed~ Self Storage , , , , ha~ , :Jì'T"œ a~U ,..... .. .-:.....::;;.:'.:.::... ...., ',,' .. ',' .. . .. :"';"':',',:;: ,',' :-::.'.' ,:,,:.::::-. .' . '.' ,.,' .. .,..:"".; .:.'.... )¡: ?~}.:::.:.::.... .... ....::;,...;:;: ',' .;. ....:: .;:;.,.:....;.::.'. '. ......::::.'..::. .:.:.>:,....;. . ·:·g··:;(::~::¡r::}:.\";· :.:;.;;:.: : ;/... ....,. .. '><.~;"i)..:.:.:./>"'.: ····.:.·::·:;:::·L;.:. .........,.. . ." .......,.... . '. .:';:.:.:.:.'.:;';:.,':.:::::';',:.'.:';';:::.:. ;:.::'<.<'......" .' :::>:::....:::..... . ... " ',:' :':::-..' ::',:' ....,' ., ,.... ,..;:;:....... ....'......: :....::: '" ',' >: :':::,:, . "," ',' ." .. .... .:" ...,.... "';'''' ';'J>' \j.,..... '.'. .... :..... ..... ........ .... :.:....: ........ .. .-::.:~:::.:\/..::.:>::.;:::.. . ...... .w·,·,"·'··· ................... - lliEíJ':"':::":":::':" .... ...... .:::.::.::...:...::., Subject parcel Development projects c::=J approved c::=J pending 5è" ~~ ¿;;,~~.~_. {iru-wtli .Management 1Jepartment N .A City limits Map prepared August 9, 2006 f \ LOT 15 Site Data: Existing Zoning Land Use Designation Total Area Total Dwelling Units DensItY Total Impervious Area Pavement (Road and Sidewalks) Total Pervious Area Detention Flood Compensation Zone Tree Preservation Zone RS-2 RS 9.80 ae j7 du's l73 du/ae .8 ae .8 ae 9.00 ae .6 ae __55 ae .84 ac TYPical Lot Minimum Yard Reayirements: Max. Gross Density 2 Min Lot Area 15,000 sf. Min Lot Width 100' Min Raod Frontage 30' From 25 Rear 15 Side 10' Side 0 Comer 20' Max. Height 35' Max. Lot Bldg. Coverage-20fl» Ie Oaks Estates St Lucie County e and Landscape Plan Received By SEP 1 9 2006 Grow1h Management Sheet 1 of 1 , To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: ~ APPROVED CJ OTHER Approved 5-0 County Attorney Originating Dept.: Finance: Agenda Request /1:;* 10/10/06 Item Number Date: Consent Regular Public Hearing Leg. [ ] [ ] [ X] [ ] Quasi-JD [ ] Board of County Commissioners Growth Management Presented By '; /~ C (.-¡,,, Growth M nagement Director Petition of Dickerson Florida, Inc. for a Major Site Plan approval for the project to be known as Dickerson Florida, Inc., Phase II for property located on the east side of North 25th Street approximately 1,000 feet north of S1. Lucie Boulevard in the Il (Industrial, Light) Zoning District. - Draft Resolution No. 06-229 The petitioner, Dickerson Florida, Inc., has requested Major Site Plan approval for the project to be known as Dickerson Florida, Inc., Phase II for property located at the east side of North 25th Street approximately 1,000 feet north of S1. Lucie Boulevard. The project consist of an existing 16,000 square foot two story office building and a proposed 24,000 square foot building and a 28,000 square foot building of flexible business/industrial space for a total of 68,000 square feet of space. N/A On May 21, 2004, the Growth Management Director granted approval, through CD Order 04-010, for Phase I of Dickerson Florida, Inc., to construct a 16,000 square foot two story office building. Staff recommends approval of Draft Resolution No. 06-229 granting Major Site Plan approval for the project to be known as Dickerson Florida, Inc., Phase II, subject to one limiting condition. D DENIED v~ Coordination/ Signatures Mgt. & BUdget:~ Environ. Res. Dept: Road & Bridge Division DICKERSON FLORIDA, INC. MJSP-OS-007 Transmittal Master Checklist Primary Distribution Environmental Resources Department, Amy Mott: Public Works Surveyor - Ron Harris: Road, Bridge, & Transportation - Don Pauley: Stormwater Management - Chris Lestrange: General Engineering - John Frank: Zoning Supervisor - Paula Bushby: Attorney Prop Acquisition - JoAnn Riley: Sheriffs Department - Major Monahan: St Lucie County Fire District - Captain Derek Foxx: Ft Pierce Farms/North St Lucie Water Control District - Ray Garcia: Property Appraiser's Office - Maurice Snyder: IF AS - Jeffrey Gellermann: ResidentialOnlv School Board of St Lucie County - Marty Sanders: Community Services (Transit) - Jody Bonet: Geo2raphical Based 8t Lucie County Utility Department - Airport Authority - Diana Lewis: City of Ft Pierce - Beach/Recor: City of Port 8t Lucie - Cheryl Friend: Ft Pierce Utilities Authority - David Mellert: Sent 5/13/05 5/13/05 5/13/05 5/13/05 5/13/05 5/13/05 5/13/05 5/13/05 5/13/05 5/13/05 N/A N/A 5/13/05 5/13/05 5/13/05 5/2/06 12/22/05 N/A 5/2/06 Education and Research Authority - Jane Bachelor: N/A Jim David - Mosquito Control Director N/ A Received 6/2/06 8/31/06 5/23/06 5/26/05 8/15/06 No 8/9/06 5/31/05 7/17/06 No 5/31/05 No 5/23/05 7/14/06 6/8/06 8/8/06 Commission Review: October 10, 2006 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Bob Nix, AICP - Growth Management Director Hank Flores, Planning Manager FROM: Linda Pendarvis, Planner DATE: October 3,2006 SUBJECT: Petition of Dickerson Florida, Inc., for Major Site Plan approval for the project to be known as Dickerson Florida, Inc. Phase II. The project consist of an existing 16,000 square foot two story office building and a proposed 24,000 square foot building and a 28,000 square foot building of flexible business/industrial space for a total of 68,000 square feet of space. LOCATION: East side of North 25th Street, approximately 1,000 feet north of St. Lucie Boulevard ZONING DISTRICT: IL (Industrial, Light) FUTURE LAND USE: IND (Industrial) PARCEL SIZE: 44.98 acres SURROUNDING ZONING: IL (Industrial, Heavy) Zoning District is located to the northeast, east, and west. CPUB (Conservation, Public) Zoning District is located to the north. RS-4 (Residential, Single-Family _ 4du/acre) Zoning District is located to the south. SURROUNDING LAND USES: The existing land uses on the surrounding properties are industrial to the west, north, and east; and residential to the south. FIRE/EMS PROTECTION: Station #4 (2850 Aviation Way), is located approximately 1.5 miles to the west of the subject property. UTILITY SERVICE: Water and sewer service will be provided by the Ft. Pierce Utilities Authority. TRANSPORTATION IMPACTS: RIGHT-OF-WAY ADEQUACY: SCHEDULED IMPROVEMENTS: North 25th Street is a right-of-way 120 feet in width. None TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity October 10,2006 Page 2 Subject: Dickerson Florida, Inc. Phase /I File No.: MJSP-05-007 ******************************************** STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.02.07, ST. LUCIE COUNTY LAND DEVELOPMENT CODE Section 11.02.07, of the St. Lucie County Land Development Code identifies the minimum Standards of Review for all proposed Site Plans. These standards must be met in order for any site plan approvals to be considered. Staff has reviewed the request for Major Site Plan approval, utilizing these requirements and notes the following: A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN The proposed building or use is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County; and the proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of St. Lucie County. The Dickerson Florida, Inc., Major Site Plan is consistent with the general purpose, goals, objectives and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County, and the proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any pther requirement of the Code and Compiled Laws of St. Lucie County. On May 21,2004, the Growth Management Director granted site plan approval through CD Order #04-010 to allow the construction of a 16,000 square foot two story office building to be known as Dickerson/South 25th Street Office Building. B. EFFECT ON NEARBY PROPERTIES 1. The proposed building or use will not have an undue adverse effect upon nearby property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. The project consist of an existing 16,000 square foot two story office building and a proposed 24,000 square foot building and a 28,000 square foot building of flexible business/industrial space for a total of 68,000 square feet of space. The Dickerson Florida, Inc. Major Site Plan has been determined not to have an undue or adverse effect upon nearby properties. The property to the north is zoned Conservation-Public and is owned by the County. To the east and west of the proposed project is industrial zoned property. To the south is a residentially zoned property. 2. All reasonable steps have been taken to minimize any adverse effect of the proposed building or use on the immediate vicinity through building design, site design, landscaping, and screening All reasonable steps have been taken and the proposed project is not expected to adversely impact the surrounding properties. 3. The proposed building or use will be constructed, arranged, and operated so as not to inteñere with the development and use of neighboring property, in accordance with applicable district regulations. October 10, 2006 Page 3 Subject: Dickerson Florida, Inc. Phase II File No.: MJSP-05-007 The design of the proposed project has been determined not to interfere with the development or use of neighboring properties. C. ADEQUACY OF PUBLIC FACILITIES The proposed building or use complie.s with the standards of Chapter V, Adequate Public Facilities. The Fort Pierce Utilities Authority (FPUA) will provide the proposed project with water and wastewater service. Staff has reviewed the Transportation Impact Report and has determined that all roadways within the study area are expected to operate at an acceptable level of service. D. ADEQUACY OF FIRE PROTECTION The applicant has obtained from the St. Lucie County Bureau of Fire Prevention written confirmation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. The applicant has obtained from the St. Lucie County Fire District confirmation that the proposed site plan conceptually meets the minimum access and water supply requirements for fire protection services at this facility. E. ADEQUACY OF SCHOOL FACILITIES The proposed building or use will be served by adequate school facilities. As this project is an industrial operation, no school facilities will be impacted by this development. F. ENVIRONMENTAL IMPACT For developments required to provide an environmental impact report under Section 11.02.09{A)(5), the proposed development will not contravene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn. The proposed Major Site Plan is not anticipated to create an adverse impact on the natural environment. The project will impact eight percent of the total area of the 44.98 acres. COMMENTS The applicant, Dickerson Florida, Inc., has applied for Major Site Plan approval for the project to be known as Dickerson Florida, Inc. Phase II, for property located on the east side of North 25th Street approximately 1,000 feet north of St. Lucie Boulevard. The project consist of an existing 16,000 square foot two story building a proposed 24,000 square foot building and a 28, 000 square foot building of flexible business/industrial space for a total of 68,000 square feet of space. On May 21, 2004, the Growth Management Director granted approval, through CD Order 04-010, for Phase I of Dickerson Florida, Inc. to construct a 16,000 square foot two story office building to be known as Dickerson/South 25th Street Office Building on the subject property. Attached is a copy of Draft Resolution No. 06-229, which, if approved, would grant the requested major site plan approval for Dickerson Florida, Inc. Phase II, subject to the following condition: October 10, 2006 Page 4 Subject: Dickerson Florida, Inc. Phase II File No.: MJSP-05-007 Prior to the issuance of a St. Lucie County Vegetation Removal Permit, St. Lucie County Environmental Resource Department will conduct an on site inspection verifying that all protective barricades are in place prior to commencement of land clearing activities. Please let me know if you have any questions. SUBMITTED: 8 ctt .'-+ Bob Nix, AICP Growth Management Director lap cc: Thomas Lucido & Associates Florida Dickerson, Inc. File 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. 06-229 FILE NO.: MJSP-OS-007 A RESOLUTION GRANTING MAJOR SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS DICKERSON FLORIDA, INC PHASE II WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including, but not limited to the staff report, has made the following determinations: 1. Thomas Lucido & Associates. P.A., has applied for Major Site Plan approval for the project to be known as Dickerson Florida, Inc., Phase II consisting of an existing 16,000 square foot two story office building and proposed 24,000 square foot building and 28,000 square foot building of flexible business/industrial space for a total of 68,000 square feet of space for property located at the east side of North 25th Street, approximately 1,000 feet north of S1. Lucie Boulevard in the IL (Industrial, Light) Zoning District for the property described in Part B. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet minimum technical requirements of the St. Lucie County Land Development Code and to be consistent with the future land use maps from the St. Lucie County Comprehensive Plan. . 3. The proposed project is consistent with the general purpose, goals, objectives, and standards of review of the St. Lucie County Land Development Code, the St. Lucie. County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 4. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhoòd, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 6. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 7. The proposed project will be served by adequate public facilities and services. 8. The applicant has applied for and received a certificate of capacity, a copy of which is attached to this order as Exhibit A, as required under Chapter V, St. Lucie County Land Development Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the site plan for the project known as Dickerson Florida, Inc. Phase II, is hereby approved as shown on the site FileNo: MJSP-05-007 October 10, 2006 Resolution No. 06-229 Page 1 1 2 3 4 5 6 7 8 9 10 B. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C. 25 26 27 28 29 D. 30 31 32 33 34 35 36 37 E. 38 39 40 F. 41 42 43 44 G. 45 46 47 . H. 48 49 50 I. 51 plan drawings for the project prepared by Thomas Lucido & Associates, Inc., dated, June 21, 2006, and date stamped received by the St. Lucie County Growth Management Director on July 5, 2006, for the property described below, subject to the following conditions: Prior to the issuance of a St. Lucie County Vegetation Removal Permit, St. Lucie County Environmental Resource Department will conduct an on site inspection verifying that all protective barricades are in place prior to the commencement of land clearing activities. The property on which this Major Site Plan is being granted is described as follows: THAT PART OF LOTS 8, 9, AND 10 LYING WEST OF WESTERLY BOUNDARY OF FORT PIERCE HIGHLANDS AND LOTS 11, 12, AND 13 LESS 80 FOOT STRIP TO ST. LUCIE COUNTY, OFFICIAL RECORDS BOOK 152, PAGE 217, OF HOGG'S SUBDIVISION INSECTION 28, TOWNSHIP 34 SOUTH, RANGE 40 EAST, AS RECORDED IN PLAT BOOK 1, PAGE 19, AND CONTAINING 47.83 ACRES. LESS AND EXCEPT: THAT PARCEL OF LAND DESCRIBED WITHIN OFFICIAL RECORDS BOOK 1130, PAGE 1510, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. (CONTAING 2.85 ACRES, MORE OR LESS) (TAX ID#: 1428-602-0028-000n) The approvals and authorizations granted by this Resolution for the purpose of obtaining building permits on this property, shall expire on October 10, 2008, unless the developer has obtained building permits for the site plan described in Part A or an extension has been granted in accordance with Section 11.02.06, St. Lucie County Land Development Code. The Final Site Plan approval granted under this resolution is specifically conditioned to the requirement that the petitioner, Dickerson Florida, Inc., including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to; the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. A copy of this resolution shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Growth Management Director. The certificate of capacity, attached as Exhibit A, shall be valid for the same period as this order. If this order expires or otherwise terminates, the certificate of capacity shall automatically terminate. A copy of this Order shall be mailed, return receipt requested to the developer and agent of record as identified on the site plan applications. A copy of this Order shall be attached to the site plan drawings described in Section A, which plan shall be on file with the St. Lucie County Growth Management Director. This Order shall be recorded in the Public Records of St. Lucie County. FileNo: MJSP-05-007 October 10, 2006 Resolution No. 06-229 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 After motion and second, the vote on this resolution was as follows: Chairman Doug Coward xxx Vice-Chairman Chris Craft xxx Commissioner Paula A. Lewis xxx Commissioner Frannie Hutchinson xxx Commissioner Joseph E. Smith xxx PASSED AND DULY ADOPTED this 10th Day of October, 2006. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY ATTEST: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY Deputy Clerk County Attorney' lap H:\WORD\PLANNING\Dickerson 25th Street\DFI MajorrStePlanRES.doc FileNo: MJSP-05-007 October 10, 2006 Resolution No. 06-229 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Exhibit A Certificate of Capacity FileNo: MJSP-05-007 October 10, 2006 Resolution No. 06-229 - Page 4 St Lucie County Certificate of Capacity Date 10/3/2006 Certificate No. 2527 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Number of units 0 Number of square feet 68000 2. Property legal description & Tax ID no. 142860200280007 E side ofN 25th St, N of St Lucie Blvd Dickerson Florida, Inc. Phase II 3. Approval: Building Resolution No. 06-229 Letter 4. Subject to the following conditions for concurrency: See Resolution No. 06-229 for conditions. Owner's name Dickerson Florida, Inc. Address PO Box Drawer 719 Stuart FL 33995. 6. Certificate Expiration Date 10/10/2008 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Signed l! r? 1'1-.+ Date: 10/3/2006 Growth Management Director St Lucie County, Florida Tuesday, October 03, 2006 Page 1 of2 u C <0 0 0 '... -\.. N CO ¡.¡.¡ 11 ... Ñ "'C 0 z*oo ..... .¡:: 0 ~ I .!:I 0 LO E ) Q) u. 0 ~ " ë. N ..!! Q) C a.. .~ I :¡ en "t] 0 en ~ en J ~(\ 'q~ co ~ oce c. 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MJSP 05-007 Legend C_ j . />' ;::~ .ft. ~/... t·tC"¡.C t./(Jf4-':1'~ Ä,,-:._~-' (irlTWlli ManOfle7ntml :Department N A ~ Subject property Map prepared September 20, 2006 City of Fort Pierce 2005 Florida League of Cities "City of Excellence" Award Winner Zoning Administration Development Review Comprehensive Planning Urban Design Historic Preservation Cultural Resources Department of Planning "Improving The Way We Do Business" From: Gil Backenstoss, Assistant Director of Growth Management Linda Pendarvis, Planner Peter Buchwald, Zoning Administrator Kara Wood, Urban Designer Dickerson Florida June 8, 2006 To: Cc: Re: Date: Project Data Location Land Area Total SF Zoning Land Use Surrounding Zoning Surrounding Land Use North 25th Street and Mark Twain Road (north of St. Lucie Blvd.) 44.98acres 60,000 IL IND North: IL: South: RS-4; East: IL; West: IL North: IND; South: RM; East: IND; West: IND Comments . Indicate north arrow on all drawings. . Indicate intended use of development on site plan. 100 N. U.S. 1 0 PO. Box 1480 0 Fort Pierce, FL 34954-1480 0 772-460-2200 0 Fax 772-466-5808 t'~f~.f' \c/ ' ,~~ ., ¥ lucldo&associates May 1, 2006 Linda Pendarvis Development Review Planner II St. Lucie County 2300 Virginia Ave. Fort Pierce, FL. 34950 Ms. Pendarvis, On behalf of Dickerson Florida, Inc., Thomas Lucido & Associates is hereby submitting for review a re-submittal for Phase II of the Dickerson Florida office park located on North 25th Street. Phase II was originally filed to Growth Management on April 21, 2005, and Phase I was previously approved by 5t Lucie County. As you recall, in November of2005 a Development Review Committee comment letter was sent to this office with a comment questioning the underlying zoning of the parcel. Dickerson Florida, Inc. filed a rezoning application in February of this year to correct the zoning problem. It was later determined by Growth Management that a request for . rezoning was not necessary and the project was ready to proceed towards approval. On April 25th our office submitted for your review the final site plan for Dickerson Florida Phase II office park. The site plan was modified to reduce impervious area from 180,797 square feet to 153,306 square feet, a reduction of27,491 square feet. In addition the buildings were modified to increase to total footprint from 44,000 square feet to 52,000 square feet. Also, the site plan was revised to provide for the preservation of more existing native trees. The Tree Mitigation Plan now calls from the removal of 644 inches of native trees while the previously submitted plan removed 778" of native trees. I look forward to your comment and review of this submittal. If you have any questions or comments please contact me at 772-467-1301. Thank you. Sincerely, ;ý/lk--- Jeff Waters Project Manager 100 Avenue A, Suite 2-A Ft. Pierce, Florida 34950 tel: 772.4671301 lax: 772.467.1303 wp.b: wwwlucidodesign.com OFFICE USE ONLY: DA TE FILED: REVIEW FEE: CONCURRENCY FEE: RECEIPT NO: RECEIPT NO: SP NUMBER: (Vl i j PO S' - cJ () 7 RESOLUTION NO: CERT. CAPACITY NO: .... '. ..,ot. õ' . ..~ . , ') ,~ ST. LUCIE COUNTY COMMUNITY DEVELOPMENT 2300 Virginia Ave Fort Pierce, FL 34982 561-462-2822 APPLICA TION FOR MINOR/MAJOR SITE PLAN AND CERTIFICATE OF CAPACITY DIRECTIONS FOR SUBMITTAL Please complete the requested infonnation and submit all items to the SI. Lucie County Community Development. 2300 Virginia Avenue, Ft. Pierce, FL 34982, The proper non·rcfundable application fee must accompany all applications. For additional details on the infonnation necessary for a submission of a site plan, please refer to Section 11.02.00, St. Lucie County Land Development Code. For assistance in submitting the application, please contact the SI. Lucie County Department of Community Development, Planning Division. REVIEW FEES AND THRESHOLD FOR REVIEW Minor Site Plan Major Site Plan Required Review $400.00 Less than 10 Acres $700.00 Fee 10-50 Acres $850.00 More than 50 Acres $1000.00 = $5/acre over 50 Acres Concurrency Fee $200.00 $400.00 Review Thresholds Residential Development Residential Development Single Family 3 to 10 Lots Single Family >10 Lots Multi Family > 50 Units Multi Family =>50 Dwel1ing Units Non-Residential Non-Residential General Non-Residential 6,000-24,999 sf General Non-Residential =>25,000 sf Drive-thru Facility <24,999 sf Commercial Lodging < 6 units Fuel Dispensing Uses <24,999 SF Commercial Lodging < 6 units Type of Site Plan (please check one) Minor Site Plan [ Major Site Plan ( t/ ] Submission of Application Initial submission shall include the following: 1) One (1) original of the completed site plan application. 2) Fifteen (15) copies of the site plan graphics. 3) Fifteen (15) copies of the landscape plan. 4) Fifteen (15) copies ofthe required boundary and topographic survey. 5) Five (5) copies of the traffic impact report (if applicable). 6) Five (5) copies of the environmental impact report (if applicable). 7) Five (5) copies of the Preliminary Drainage Data (if available). 8) One (1) copy of the St. Lucie County Property Tax Map (Scale 1 :200) with property under petition highlighted. All applications for Site Plan approval must be completed and filed with the department before 4:30 PM each business day to meet applicable filing deadlines. For an application submission to be determined complete, all required lI!aterials must be present at the time of submission. ReCe\ved By '%0 ~?R ~?1 2Gû5 ""'h "Aé.\naÛement Gro~" 'VI· , Project Information Location/Site Address The East Side of N. 25th Street, north of S1. Lucie Blvd. Site Plan Name Dickerson Florida, Inc. Property Tax ID # Legal Description Lots 8, 9, 10, 11, 12, and 13 ofHogg's SID in Section 28-34-40. (attach extra sheets if necessary) Section 28 Township 34 Range 40 Parcel Size Acres 44.98 acres Square Foot Zoning District .P' IL. Land Use IND Classification Phase II of Dickerson Florida, Inc. will consist 0(2 buildings (24,000 sf and 20,000 sf) Description of Project and all necessary parking and stormwater management areas. The buildings will be used for commercial warehouse. Phase II will tie into the previously approved Phase I which is currently under construction. [ I Residential ~umber of Residential Units/Subdivided Lots [ I Commercial Total Square Footage Type of Construction (Check all appropriate boxes) [ tI' I Industrial Total Square Footage 44,000 sf [ ] Please specify Number and size of outparcels (if applicable) Received By APR ,) '1~"5 ' ..~ -l ~';,-..' U Growth Management St. Lucie County Application for Minor/Major Site Plan Checklist Have you shown or provided the following required infonnation: Boundary & Topographic Information: . (Refer to Section II.02.09(A)(2), St. Lucie County Land Development Code) Yes No Aerial Photograph (subject property highlighted?) II Location Sketch II Boundary/Topographic Survey II Positive Outfall II Floodplain II Drainage Basin Boundaries II Preliminary, SFWMD Permit Data II Site Plan Information: (Refer to Section II.02.09(A)(3), St Lucie County Land Development Code) Yes No Yes No ! Location, Dimension & Setbacks II Parking and loading areas II i for all buildinl!s ! Identification of maximum II Water/Wastewater Facilities II I buildable area under review I Identification of all easements II Identification of all drainal!e facilities II I Identification of adjacent II Location of all streets II drivewavs Location of all open spaces II Landscaping Plan II Lighting Plan II Phasing Plan II , Transportation Impact Report II Environmental Impact Report II Vegetation Removal Plan . II Seaturtle Protection Plan II If you have answered NO to any item above, please explain why in the space below: Veg. Removal Plan - Vegetation removal calculations will be provided in the Tree Mitigation Plan. Seaturtle Protection Plan - Parcel is landlocked. Received By APR 21 2005 Growth Management SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of site plan approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this property/project. ACKNOWLEDGMENTS Applicant Information (Property Developer) N Dickerson Florida, Inc. ame: Address: P.O. Box Drawer 719 Stuart, FL 33995 Phone: Fax: Property Owner Information Agent Information Thomas Lucido & Associates Name: Address: 1 00 Avenue A, Suite 2A Fort Pierce, FL 34950 Phone: 772-467-1301 Fax: 772-467-1303 This application will not be considered complete without the notarized signature of all orooertv owners of record, which shall serve as an acknowledgment of the submission of this application for site plan approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. <:';'~ ~ ,-.. ~... _~ .r- . .A,.l.........___~ ~~erty Owner Signaturé ; J Mailing Address: P.O. Box Drawer 719 Stuart, FL 33995 Phone: STATE OF FLORIDA COUNTY OF ST. UA C\ E c:;ï The foregoing instrument was acknowledged before me this a \ day of I\.t¡¡?'g.. \ L- ,200.'") ,by "-JOhn .J0'i VIe ".- who is personally known to me or who has produced as identification. ~~. ~ÅÀ'- Sig of Notary ð . P L'4't'\ctq ~e.. Type or'Print Name of otary Notary Public Title "b'þ ~~q ,,~l...- Commission Number (Sea ,.",:~I':...:· t¡Jh'. J' .-."..............- LYNDA PYE 'X\MMISSION 1/ DD 292156 ,:IRES: February 18, 2008 ." Th." Nltlry ~ublic Underwrttell ! Dickerson Florida, Inc. 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I " ~. \V ......;~'u ì~ s ~ g ~ T T T "'-- g-----r- I=- þ a .lJ 1 I I r 1- f- JL I ÅV " ./I.J..;:'~' v VII sal!~ I I I Ira 17'0 G'O 0 ("!w (;) a::>uanlJUI JO eaJ'v' 10/06/06 FZABWARR FUND 001 001164 001177 001179 001180 001404 001814 101 101002 101003 101004 102 102001 103 107 107001 107002 107003 107006 111 112 113 114 115 118 119 120 121 122 123 126 129 130 136 138 139 140 150 160 183004 185007 185008 242 282 316 401 ST. LUCIE COUNTY - BOARD WARRANT LIST # 1- 05-0CT-2006 TO 06-0CT-2006 FUND SUMMARY TITLE General Fund USDOJ Violence Against Women Grant Section 112/MPO/FHWA/Planning 2006 CSBG FY 06 US Dept Housing HUD Shelter Plus Gr 05 CSBG Sup Diaster Recovery Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Law Enforcement MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sheraton Plaza Fund Sunland Gardens Fund Sunrise Park Fund Paradise Park Fund Holiday Pines Fund The Grove Fund Blakely Subdivision Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting Parks MSTU Fund SLC Public Transit MSTU Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Port & Airport Fund Impact Fee Collections Plan Maintenance RAD Fund Ct Admin.- Teen Court FHFA SHIP FY06/07 FHFA Hurricane Housing Recovery Port I&S Fund Environmental Land I&S Fund County Capital Sanitary Landfill Fund EXPENSES 1,952,918.38 12.17 269.41 125.28 3.84 92.05 19.61 2,863.02 3,493.82 2,489.67 2,283.71 18,052.94 9,981.61 8,332.79 197,180.75 1,555.35 10,353:31 45.78 458.68 131. 45 29.12 13 .37 26.30 29.64 28.06 8.88 31. 3 6 40.68 9.94 5.97 46.00 15.25 8.27 14,101.15 5,076.46 72.77 7.86 35.91 2,726.94 148.80 106.51 191.53 72.46 182.06 1,228.78 6,564.32 5,682.50 4,730.14 PAGE PAYROLL 3,701.21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 10/06/06 FZABWARR FUND 418 451 458 461 471 478 479 491 505 505001 611 655 ST. LUCIE COUNTY - BOARD WARRANT LIST # 1- 05-0CT-2006 TO 06-0CT-2006 FUND SUMMARY TITLE Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Insurance Agency Fund GRAND TOTAL: EXPENSES 1,625.41 136.07 37.66 1,295.07 486.49 60.91 101. 84 6,290.81 410.18 1,113,892.32 292.01 166,443.68 3,542,957.10 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,701.21 2 10/06/06 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST # 1- 05-0CT-2006 TO 06-0CT-2006 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 18,325.72 0.00 GRAND TOTAL: 18,325.72 0.00 10/06/06 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST # 1- 05-0CT-2006 TO 06-0CT-2006 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 6,145.57 0.00 GRAND TOTAL: 6,145.57 0.00 1 10/04/06 FZABWARR I FUND 001 001164 001177 001179 001180 001299 001404 001814 101 101002 101003 101004 102 102001 104002 105 107 107001 107002 107006 140 140001 140322 150 , -" 1~3001 183004 183006 184208 185007 185008 310003 316 317 401 418 451 458 461 471 478 479 491 505 611 625 ST. LUCIE COUNTY - BOARD WARRANT LIST #53- 30-SEP-2006 TO 04-0CT-2006 FUND SUMMARY TITLE General Fund USDOJ Violence Against Women Grant Section 112/MPO/FHWA/Planning 2006 CSBG FY 06 US Dept Housing HUD Shelter Plus Gr FDCA Emergency Mgmt Prep & Assistan 05 CSBG Sup Diaster Recovery Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Elizabeth M. Kiessel Bequest Fund Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund-Court Related Technology Port & Airport Fund Port Fund Industrial Park West Development Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FL Fish & Wildlife - Artificial Ree FHFA SHIP FY06/07 FHFA Hurricane Housing Recovery Impact Fees-Public Buildings County Capital County Capital-St Revenue Share Bnd Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Tourist Development Trust-Adv Fund Law Library GRAND TOTAL: EXPENSES 624,502.35 0.00 0.00 0.00 0.00 2,257.98 0.00 0.00 30,467.95 53,860.41 199.77 3,331.32 28,230.16 24,630.43 276.00 1,873.47 358,906.31 0.00 0.00 6,981.00 73,179.89 2,575.00 419,112.75 0.00 3,182.50 111.94 3.67 0.00 37.17 7,850.00 0.00 0.00 1,673.38 35,064.25 11,210.24 207,489.05 68,322.04 54,134.10 0.00 80,285.82 46,778.41 0.00 0.00 15,156.67 13.20 1,884.98 675.30 2,164,257.51 PAGE PAYROLL 610,046.72 162.71 3,615.69 1,672.21 51. 71 0.00 1,249.19 1,351. 37 38,570.35 47,456.98 33,813.53 18,044.97 76,885.09 4,472.80 0.00 0.00 120,022.66 989.36 1,947.76 6,109.96 13,136.93 0.00 0.00 2,068.81 1,416.00 0.00 0.00 2,439.10 0.00 0.00 991.27 2,455.58 0.00 0.00 0.00 62,735.57 21,339.61 1,824.60 515.63 17,462.95 6,686.04 832.96 1,364.93 75,386.89 5,580.35 3,922.44 0.00 1,186,622.72 1 r "líWi:~~{,<,ir't¡þ{'\ ·"j;ír.t~ D._ ~ )....", ~t,J j1rl;~'\j't; ~¡¡;.: tÞ~~tffttT:i~\;~',~:~JI~f~f~,.~~ tci, ìl"J" ~<;: \!~;lr:-r>-1 AGENDA REQUEST ITEM NO. C2A DATE: October 10, 2006 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi-JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: ~] APPROVED [ ] OTHER Approved b-O [x] County Attorney: þ [x] Originating Dept: :JY'kt..- Request Permission to Advertise Public Hearing Petition to abandon a 12 foot Utility Easement in Lexington Square between Lots 16 & 1 7 See attached Memorandum N/A Staff recommends that the Board authorize staff to advertise a Public Hearing to be held on December 5, 2006 at 6:00 p.m. or as soon thereafter as possible. CONCURRENCE: [ ] DENIED Review and Approvals [ ] Road and Bridge: [] Public Works: [ ] Engineering: [ ] Purchasing: , PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: J oAnn Ri ley, Property Acquisition Manager DATE: October 10, 2006 SUBJECT: Request Permission to Advertise Public Hearing Petition to abandon a 12-foot Utility Easement in Lexington Square between Lots 16 & 17 BACKGROUND: The Property Acquisition Division received a request to abandon a 12-foot Utility Easement between Lots 16 & 17 in Lexington Square Subdivision. The Uti lity Easement was dedicated to the Public in Plat Book 24, Page 2. The purpose of this abandonment is to allow the property owner, Harvey Newman, to construct a shopping center on Lots 16 & 17 and to accomplish this task they need to abandon the uti lity easements between both lots. RECOMMENDA TION: Staff recommends that the Board authorize staff to advertise a Public Hearing to be held on December 5, 2006 at 6:00 p.m. or as soon thereafter as possible. Respectfully submitted, ~~, Property Acquisition Manager .. n·r ¡·-T '. _.. .. .. . ~__ __. U'-..., ./ / ,....·--·'-._."....~_~I ,,/;00 m ...... ,>\'., / !/-r--.,....,~\ "\ ' I ) r----,-·-l--- ¡L._.__ -,i--,----l! /----..--.l ! í 'I .J Ji i j-._- l-~ / '-----7 ----- -; . t _'_/-00 C í ! í ! ----__ /-m______ j! I '-/ ì (_......m_.... , J! 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'>./--/\ _, I .,..-,....,_'--- _...,...----..~~.!.....~...LL_ -~~J..~ L.. .-:-. ).."'1",.;.;;A ), -,\___......~···:\,·...~:v.-......r' \ \~~[~GIA~J 00__._, , _..........._......................~ I ji ! /: /</' ...........................1 ..__..../'/-:'. // // // íI lL-. ) ...........--..............-... \i i: Ii .............................................-..-....... ¡j \---00_ \ \ i ...............1 ru:. ,> :~ mmm..----ici:: :111 iQ iZ !,o( ..00111 1.;.:1 ,0 !!;' { .....m··1 ~õóDLJNþ~:Dri::1 " 1 I j I , I . . ... ... ....... .........0000.. . ..j i I [:r .......... ._...1..1.._'__\'00 ! i! '......1 : I '---rm-I: tc{;;==! I ¡ !._.......!............W.!..._........._...........·:::=~:L_..~lL \ lfill?i I I I ...-.--, I t ' ! .________...1 '-'l ,.....-........----.. .... , , ..1. _.....__ I AGENDA REQUEST ITEM NO. C2b DATE: October 10, 2006 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi-JD [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: JoAnn Riley Property Acquisition Manager Request Permission to Advertise Public Hearing Exchange a portion of Gordy Road for property associated with the pending DRI application of Provences See attached Memorandum N/A RECOMMENDATION: Staff recommends that the Board authorize staff to advertise a Public Hearing to be held on December 5, 2006 at 6:00 p.m. or as soon thereafter as possible. COMMISSION ACTION: CONCURRENCE: IX! APPROVED [ ] OTHER Approved 5-0 [x] County Attorney:~ [x] Originating Dept: jrJ.- [ ] DENIED ¡;, Review and Approvals [ ] Road and Bridge: [] Public Works: [ ] Engineering: [ ] Purchasing: PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: October 10, 2006 SUBJECT: Request Permission to Advertise Public Hearing Exchange a portion of Gordy Road for property associated with the pending DRI application of Provences BACKGROUND: The Property Acquisition Division received a request to exchange a portion of Gordy Road for property in St. Lucie County associated with the pending DRI application known as Provences. The petitioner would like to exchange approximately four acres of land for 13.5 acres of land that can be used to provide for the construction of a roadway that will connect West Midway Road with Okeechobee Road. This portion of Gordy Road was acquired by a maintenance Plat from the Department of Transportation to St. Lucie County. RECOMMENDA TION: Staff recommends that the Board authorize staff to advertise a Public Hearing to be held on December 5, 2006 at 6:00 p.m. or as soon thereafter as possible. Respectfully submitted, Consulting Engineers · Land Surveyors 2980 South 25th Street· FI. Pierce, FL 34981 (772) 464-3537 . Fax (772) 464-9497 www.ct-eng.com Writers e-mail: Job no.: dmurphy @ct-eng.com 04-1 86 August 31, 2006 ~r,f.tV£~\ ""'.~Y Y. ~. Ms. J oAnn Riley Property Acquisition Manager St. Lucie County Board of County Commissioners 2300 Virginia Avenue Ft.. Piece, Florida 34982 ~ Z '1:;! . ... ,;1\\\W; Ci ~, ,,::S~.\.· \·'t .. ~, -r ~ "1g ~. '~~ìr .ÄCQ~ Subject: Petition for Right-of-Way Exchange/ Gordy Road Dear Ms. Riley: Attached, please find a copy of our application for an "exchange" of right-of-way for certain property in St. Lucie County associated with the pending DRI application known as Provences. Specifically, what we are looking to do is "exchange" roughly four (4) acres of land for 13.5 acres of land that can be used to provide for the construction of a roadway that will connect West Midway Road with Okeechobee Road. I am attaching several graphics that I think clearly illustrate what we are attempting to do here. As requested by your office, since the County does not have a right-of-way exchange application, we have used the started right-of-way abandonment application to get this process started. We have made the appropriate modifications_ to the application to reflect that we are doing an "exchange" as opposed to an abandonment. We have submitted to the Ft. Pierce Tribune the required public notices and we have mailed out the appropriate notifications to all possible affected utilities. As soon as we get back the proof of publications, I will send you copies. Thank you for your consideration of this matter. If you have any questions, please let me know. Sincerely, ~{:E~: TERPENING, INC De~-::X VM~jñ0rcp _~n(ór Project Ma/~er DJM attacnments P: \Proj- 2004\04-186 \corr\ltr\04186-riley-1.doc =tIEÑlh·s-RD:----' . ::-.---, .' ..' j l .jl CI III: I' ~ ---: lJ -,II. ... . en -1'_11 :d - II d T:r~E'I;[R~ (~} Ll~lPIL- ~L" ':r-^Jll' L.. . mm' ¡il_ ... ,.,o"o."~IC.OScRDmm......... .m.. il I, \', \ \',;\ \ ,< \ \ '\ ... .,.. ...........:.::...:;..:;;:,,;:::,,:::::. "....;~~;~:: ,~.~..;.::.;...;....... \ ",\ \ \''..\! \ ,. \I \\.~\ \',.\ !\ ..,\ , \. " \ ! \ '~'.\ Q I \, \ III: \,\ ~ '\'~, \ u ~ ,,' "··---~o ··t··:'", ~'-'III: I \., \ \ . -._. i .. " '~\. 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"": , 1 :~ ........ is' u.J <..:> 5Z « Or ·U o¿x Ç:u.J zu.J :Jco 00 ut:. /11 " " ____i¡ll=U 1:.1:::,__ ~£ !ttt, - - _ 't fiª~ª~ I· ..... _~ '1:::= -----+ :1 I: 1: I ~: ~'I I: ~I I: :/ I: '. 1 ....¡¡ - ... - - ;"~J5-,i~ - - - - - - - -- --- --~;.JS------- --- 5 ~O~ o¿l-:J Ç:zO zu..Ju :J>u..J O<":>U Uu..J:J 5CO-.J u..J0 Zl- ··t I I I I ~ S ¡ ~í ;I !.¡ U 'on.,.,,,,,.:) 'Q~,,'II'"t'N ~ I ~æ ~ I " i~ ~1 I I I L ~ ~ ~ /: ., I ·I I !~ I £ I I I s.-;'! L :'~ !~~ It> '" N ..., '" "', , , 't Ii ,~ , I ~ ~I I:~ o '" I~ . :\~ ~ - ¡ I,; · '0 I : I'" i 1,1- ," :I~ I ,Ii! ~ 'I; r ,~ : ,~t i I ';i ¡ ,iiI. , I I } ~~ ~ -. ~d I ~ sï ~ tl) .Ii ¡ i ¡.... § ?;1 'J)¡,.¡ lJ...j ~ \J ~ <: ~ ~ ~ ~ C)~ k ~ tt.: Ç: z ;:J o u I . , .. z o > ~ "' , e ~ g t ' ~ ~ Ij I ~ ".." !¡II I ;!¡ ~Im' ~ !È ..-. , ~ 3 Ii -,I 8 I " " NV zZ:SÞ:ø 900Z/!ãZJ9 ¡6,H\.P~ÐNWH::)X3 M~ ~£-SD\ÐNINNY1d :a.us J.'I:me!4uap!..H I aseLld ..:::"".AO.ld .'4J. 5~-SO'500~-fO"d\:d .. ,i d ,~ ¡ . ;; c' ~, II .S i!.i i;;'c i:!ì -, m~ '1 ' '! /'"' - \¡ t____øJ :11 II ~ I I \1 I ..III I r I rl~-- .II I I ¥I \ \ I ~IIII MIIII II I --I-- , !....., ¡ : I I ~ - ! ~ I I ~! ;1'<:1 :: =-=-= :: =-=-= :: =-=-= :: =-=-= :: _ ~ :: =-=-= :: _ do.L ~ -------- --- - ------- 41 ~- // , AGENDA REQUEST c...Jc' ITEM NO. ~ DATE: October 10, 2006 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Guettler Property Mine Surety Bond BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board accept the Surety Bond D( APPROVED [] DENIED [ ] OTHER: Approved 4-0 Comm. Hutchinson abstained from vote due to family relationship pertaining to agenaa Item. CONCURRENCE: COMMISSION ACTION: County Attorney: J1 Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 /I' INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 06-1631 DATE: October 4, 2005 SUBJECT: Guettler Property Mine Surety Bond **********....AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA4A44A44A4AA4AAAAA4AA************** BACKGROUND: On June 6, 2006, the Board approved the new two-phase Guettler Property Mine and set the reclamation bond at $13,226.20. Attached is a copy of the Surety Bond. . RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Surety Bond. DSM/caf Attachment DIVISION OF ENGINEERING TO: Dan McIntyre - County Attorney MEMORANDUM <f~.~~Ei~A "i> V ,;I 06- 261 VIA: Michael Powley, P.E. - County Engineer /~V? FROM: Michael Harvey, E.!. - Engineer Intern f\'\ 1t DATE: September 20, 2006 SUBJECT: Guettler Property Mine The Board approved the new two-phase mine on June 6, 2006. At that time the reclamation bond was set at $13,226.20. Attached is a copy of the Surety Bond for the Guettler Property Mine. Please approve for correctness and help schedule an agenda item like the attached one. Your help in this is greatly appreciated. ~f~j(L ~~. , ~~ GUETTLER & SONS CON S T Rue T ION, L L C COMMERCIAL SITE WORK. GOLF COURSE CONSTRUCTION. COMMERCIAL BUILDING (~)461-8345 . FAX(~)461-8039 (77~) (71J) September 19,2006 Mr. Mike Harvey St. Lucie County Engineering Department 2300 Virginia Avenue Fort Pierce, FL 34950 RE: Bond for Guettler Borrow Pit State Road 70 Dear Mr. Harvey: Enclosed please find the bond for the above referenced project. Should you have any questions please feel free to give me a call. Sincerely, GUETTLER & SONS CONSTRUCTION, LLC ~~ Benjamin Guettler Manager PG:sm Enclosure: Bond m. rU-wt,Œ~. f' . I i SEP 2 0 2006 1 ~I L_.~._ J f· .'-- ~,~ ,,,..,.,,- r~ , " '~ <'-'" ....... ' E £ '¡ '_J~' ','~ ," r;- ~ [i. ! J'-' ~.-.. ¿¿¡\l. t.:¡ POST OFFICE BOX 15250 . FORT PIERCE, FLORIDA 34979-5250 Bond #41026510 BOND KNOW ALL MEN BY THESE PRESENTS: That, Guettler & Sons Construction, LLC, Principal, and Platter River Insurance Compav, as Surety, are held and firmly bound unto the BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, Obligee, in the sum of THIRTEEN THOUSAND TWO HUNDRED TWENTY SIX ($13,226.00) the payment of which said Principal and Surety bind themselves and their successors and assigns firmly by these presents. The condition of this obligation is such that: Whereas, the Principal has made application to the Obligee for the issuance by the Obligee of a permit for the mining and removal of sand from the land owned or leased by Edna Guettler, LLC and described as: Whereas, as a condition of the permit, the Principal will be required to perform and carry out certain water control and reclamation measures in and on the land affected by such mining and removal operations as set forth in the mining plan prepared by LBFH, Inc., dated, June of 2006, which mining plan has been filed with the S1. Lucie County Engineeer and which was approved by the Board of County Commissioners of S1. Lucie County, Florida, on June 13, 2006. NOW, THEREFORE, if the Principal shall fully observe and comply with the water control and land reclamation requirements of the described mining plan and mining permit, shall fully perform the duties required by all applicable laws and regulations, and shall repair or pay all costs of repair for any road damage that may result from operations conducted under the mining permit, then this obligation shall be null and void. It is agreed that the surety may cancel this bond with 30 days written notice to the Obligee; otherwise the bond shall remain in full force and effect. IN WITNESS WHEREOF, the Principal and Surety have caused this bond to be executed by their proper officers thereunto duly authorized this 8th day of Septe , 2006. PRICIPAL: By: .- Richard S. Wurst, Attoney in Fact PLATTE RIVER INSURANCE COMPANY POWER OF ATTORNEY 41026510 KNOW ALL MEN BY THESE PRESENTS, That the PLATTE RIVER INSURANCE COMPANY, a corporation of the State of Nebraska, having its principal offices in the City of Madison, Wisconsin, does make, constitute and appoint -------------------------- DONALD E. DRESBACK, ROBERT K. ROLLINS, JR. OR RICHARD S. WURST OF BOCA RATON, FL _________m_____________ its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ------------------------------------ ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED $1,000,000.00 m__m____________________________ This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PLATTE RIVER INSURANCE COMPANY at a meeting duly called and held on the 8th day of January, 2002. "RESOLVED, that the President, and Executive Vice-President, the Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more vice-presidents, assistant secretaries and attorney(s)-in-fact, each appointee to have the powers and duties usual to such offices to the business of the Corporation; the signature of such officers and seal of the Corporation may be affixed to such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." IN WITNESS WHEREOF, the PLATTE RIVER INSURANCE COMPANY has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested by its Executive Vice President, this 7th day of July, 2004. Attest: PLATTE RIVER INSURANCE COMPANY 1=l,:~ Executive Vice President b~ :¡- /~ David F. Pauly President and CEO STATE OF WISCONSIN } 5.5.: COUNTY OF DANE On the 8th day of January, 2002 before me personally came David F. Pauly, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Dane, State of Wisconsin; that he is President and CEO of PLATTE RIVER INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. «~d ~ STATE OF WISCONSIN } 5.5.: COUNTY OF DANE CERTIFICATE Kathleen A. Paulson Notary Public, Dane Co., WI My Commission Expires 10-15-2006 I, the undersigned, duly elected to the office stated below, now the incumbent in PLATTE RIVER INSURANCE COMPANY, a Nebraska Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at the City of Madison, State of Wisconsin this 8th day of ~~_'6e.r ,20Ob ~~ Assistant Secretary THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREEN SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 800-475-4450. PR-OOl (7-04) I } AGENDA REOUEST ITEM NO. C-2.D Date: October 10,2006 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Chuck's Seafood Restaurant, Inc. - First Amendment to April 21 , 1998 Restatement of Lease Agreement BACKGROUND: See C.A. No. 06-1628 FUNDS A V AIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed First Amendment to April 21, 1998 Restatement of Lease Agreement with Chuck's Seafood Restaurant, Inc., and authorize the Chairman to sign the amendment. COMMISSION ACTION: CONCURRENCE: [XAPPROVED [] DENIED [ ] OTHER: Approved 5-U County Attorney: ~/ Coo rdina tion/Sh!na tures Mgt. & Budget: Purchasing: Originating Dept.: Other: Other: Finance (Check for Copy only, if applicable): INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA' TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney c.A. NO: 06-1628 DATE: October 4, 2006 SUBJECT: Chuck's Seafood Restaurant, Inc. - First Amendment to April 21, 1998 Restatement of Lease Agreement BACKGROUND: On April 21, 1998, the County entered into a Restatement of Lease Agreement with Chuck's Seafood, Inc. The original lease between the parties was dated July 16, 1991. The Restatement clarified that the lessee was responsible for the payment of any ad valorem taxes assessed on the property and further provided for a rental increase determined by the Property Appraiser using the cost and/or income approach to value effective in year nine of the lease. The rent for the first year of the lease was set at $1,500.00 per month with an annual CPI increase for subsequent years. On January 17,2006, the Board approved an Assignment of the Restatement of Lease from Chuck's Seafood, Inc. to Chuck's Seafood Restaurant, Inc., which was formed by Peter Angelos when he took back control of the corporation from Lewis Barton. Attached to this memorandum is a copy of a proposed First Amendment to the Restatement which addresses several of the lease provisions. The amendment tightens the permitted uses for the property to the operation of the restaurant and incidental uses and requires County approval for any festivals on site as well as limiting signage to informational and directional signs. In addition, Chuck's responsibilities for maintenance of the property and payment of any deductible for damage as well as the obligation to obtain prior approval from the County for any improvements are further clarified. The current lease provides for one hundred eighty (180) days prior notice to Chuck's in the event the County decides to terminate the lease to use the property for another public purpose. Under the proposed amendment, this notice period would be increased to eighteen (18) months. The amendment also requires prior Board approval should the ownership of more than fifty percent (50%) of the corporation be transferred to another individual. Finally, the rent provision would also be amended to provide for the rent increase based upon an appraisal to occur on December 1, 2006 rather than April 21, 2007. At the request of the lessee, the appraisal will be prepared by a private appraiser who is a member of a recognized professional appraiser's organization rather than the S1. Lucie County Property Appraiser. The cost of this appraisal will be paid by Chuck's. In the event the County does not accept the recommendation of the appraisal, a review appraiser will be retained with the cost to be split equally by the parties. The appraisal will be based upon the cost and/or income approach to value for the property. Mr. Angelos is currently in the process of obtaining plans to renovate the building to restore to its pre-hurricane size and style. Those plans will be presented to the Board for approval in the near future. RECOMMENDATION/CONCLUSION: Staff recommends that the Board of County Commissioners approve the proposed First Amendment to April 21, 1998 Restatement of Lease Agreement with Chuck's Seafood Restaurant, Inc., and authorize the Chairman to sign the amendment. Respectfully submitted, .~. Ò'2r Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Assistant County Administrator Wazny Finance Director Management and Budget Director Contracts Coordinator FIRST AMENDMENT TO APRIL 21, 1998 RESTATEMENT OF LEASE AGREEMENT THIS FIRST AMENDMENT TO RESTATEMENT OF LEASE AGREEMENT made this day of , 2006, between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, as "Lessor," and CHUCK'S SEAFOOD RESTAURANT, INC., a Florida corporation, Assignee of Chuck's Seafood, Inc., as "Lessee." WIT N E SSE T H: WHEREAS, on July 16, 1991, whereby the Lessee entered into a Lease Agreement with the S1. Lucie County Port and Airport Authority, hereinafter referred to as the "Authority," for certain property located at 822 Seaway Drive, Fort Pierce, Florida, hereinafter referred to as the "Premises," for the operation of a restaurant and such other uses incidental thereto; and, WHEREAS, on June 15, 1992, the parties entered into a First Amendment to the July 16, 1991 Lease Agreement to provide that during the initial ten (10) year term of the Lease Agreement the Lessor may only terminate the Lease Agreement for cause or upon determination of a public purpose; and, WHEREAS, on December 30, 1996, the Authority conveyed all right, title and interest in the Premises to S1. Lucie County, subject to the terms and conditions of the July 16, 1991 Lease Agreement, as amended; and, WHEREAS, on April 21, 1998, the parties entered into a Restatement of Lease Agreement to address the matter of ad valorem taxes and further clarify the terms of the Lease Agreement, hereinafter referred to as the "Restatement"; and, WHEREAS, on January 17,2006, the parties entered into an Assignment of Agreement 1 whereby the Lessee assigned all of its rights, duties, liabilities, and obligations under the Restatement to Chuck's Seafood Restaurant, Inc., and, WHEREAS, the parties have agreed to further amend the Lease Agreement by increasing the notice period to the Lessee in the event the Lessor determines the leased premises are needed for another public purpose and clarify the requirements for Lessor approval for any improvements and the procedures for assignment by the Lessee. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Restatement as follows: 1. Paragraph 3. USE OF PROPERTY, of the Restatement is hereby amended to read as follows: 3. USE OF PROPERTY: Lessee shall only use and occupy the Premises for use only as a restaurant and other such lawful uses incidental to the operation of such restaurant. Thirty (30) days prior approval by the Lessor shall be required for any festivals or other events on the Premises. Signage on the Premises shall be limited to informational and/or directional signs for the restaurant and any event approved by the Lessor. No other signs, including but not limited to political signs, shall be permitted on the premises. Lessee acknowledges that this property is subject to use for public county purposes only under the supervision and management of the St. Lucie County, as successor in interest to the St. Lucie County Port and Airport Authority, f/kIa Fort Pierce Port and Airport Authority, as required by the deed of conveyance from the Trustees of the Internal Improvement Trust Fund of the State of Florida. Public 2 county purposes pursuant to this lease agreement are hereby limited to a restaurant and accessory parking area, including sanitary facilities, if permitted by the zoning regulations of the City of Fort Pierce. Lessee acknowledges that the use of the land for purposes other than public purposes as set forth above may cause reversion of title to the Trustees. Lessee agrees not to use the land in any other manner inconsistent with public county purposes as herein defined. 2. Paragraph 4. MONTHLY RENT, is hereby amended to read as follows: 4. MONTHLY RENT: Lessee shall pay to Lessor, in such coin or currency of the United States of America as at the time of payment of public and private debt, without setoff or deduction whatsoever, except as specifically provided for in this Lease or agreed to in writing by the Lessor, a net monthly rental as follows: A. Years 1 through November 30,2006: One thousand five hundred and 00/1 00 dollars ($1,500.00) plus applicable taxes, subject to an annual cost of living adjustment as provide for below. B. December 1 , 2006 through Year 15: The fair market rental amount as determined by an appraisal of the leased premises conducted by a designated member of a recognized member of a professionally recognized real estate appraisal organization based on a cost approach to value and/or income approach value method of appraisal as of October 1, 2006, plus applicable taxes, subject to an annual cost of living 3 adjustment as provided below. The Lessee shall be responsible for the cost of the appraisal. In the event either party objects to the value determined by the appraisal, the parties shall obtain a review appraisal conducted by a designated member of a recognized member of a professionally recognized real estate appraisal organization. Each party shall pay one-half of the cost of the review appraisal. In the event, the appraisal or review appraisal is not delivered prior to December 1, 2006, any resulting adjustment in the monthly rental amount shall be made retroactive to December 1, 2006. 3. Paragraph 7, ADDITIONAL CHARGES AND EXPENSES, is hereby amended to read as follows: 7. ADDITIONAL CHARGES AND EXPENSES: A. Property Insurance: During the term of this Lease Agreement, Lessee shall procure and pay for and at all times maintain insurance coverage on the Premises for fire, windstorm and other occurrence, including vandalism, malicious mischief and other hazards, with replacement cost coverage limits of not less than the replacement cost of the Restaurant as a result of a single occurrence. Lessee shall obtain a waiver of subrogation against Lessor. Lessor shall be named as an additional insured under said policy. In the event of damage or destruction of the Premises, the monies received in respect of this 4 insurance shall be expended in rebuilding or repairing the same, and in the case such money shall be insufficient for such purpose, including but not limited to the amount of any deductible(s) under the policy, the deficiency shall be made good by the Lessee. B. Liability Insurance: Lessee shall, during the term of this Lease and any renewals or extensions thereof, and at Lessee's cost and expense, carry public liability insurance in the limits commonly known as $100,000 and $300,000 personal injury and $25,000 property damage. Said policy of insurance shall insure the Lessor and a certificate thereof shall be delivered to the Lessor certifying that such insurance is in effect and will not be canceled without thirty (30) days written notice to Lessor. C. Utilities: Lessee shall pay the cost of water, sewer, phone, garbage and electricity to the Premises. Lessee shall pay the full cost of maintenance of the buildings and land. D. Taxes and Assessments: Lessee shall pay all taxes legally levied or assessed against said property, including the improvements thereon. 4. Paragraph 8. LESSEE'S RESPONSIBILITIES, is hereby amended to read as follows: 9. LESSEE'S RESPONSIBILITIES: Lessee shall keep the Premises 5 in a clean, safe and sanitary condition and shall permit no waste or injury to occur to the Premises, the fixtures thereon or the additions, alterations and improvements thereto. Lessee shall, at the termination of this Lease, by lapse of time or otherwise, deliver up the Premises to Lessor in as good condition, ordinary wear and tear excepted. Lessee shall repair and maintain in good and tenantable condition, and in compliance with all governmental requirements, the structural parts and structural floor, plumbing, and electrical fixtures of the Premises and shall keep or cause to be kept the exterior of the Premises in a clean, safe and sanitary condition. Lessee shall be responsible for the following items: A. Painting and electric lighting service for all interior and exterior areas of the Premises. B. Heating, plumbing, ventilation and aIr conditioning (cooling) equipment; C. Interior maintenance and exterior maintenance including, but not limited to, roof and structure; D. Janitorial service; E. All maintenance including lawn maintenance. Lessee will maintain the Premises in compliance with all applicable federal, state, and municipal laws, rules, and regulations. Lessee warrants that there are no outstanding violations on the subject property as of the date of this First Amendment. In the event a notice of violation is issued against the property during the term of this Lease, the Lessee shall cure such violation 6 within ten (10) days of the date of such notice or such other period as set forth in the notice of violation. Upon termination of this Lease, Lessor shall have the right to re-enter and resume possession of the Premises. 5. Paragraph 13. LESSEE IMPROVEMENTS, is hereby amended to read as follows: 13. LESSEE IMPROVEMENTS: The Lessee does hereby agree that, upon the expiration of this Lease at the end of its term or as otherwise provided herein, Lessee will quit and deliver up the said premises with any improvements in good condition, ordinary wear and tear excepted, and free and clear of any liens or encumbrances of any kind. All alterations, additions, improvements, decorations, or installations, including but not limited to, railing, air conditioning ducts or equipment, except movable furniture, partitions, and fixtures put in at the expense of Lessee and removable without defacing or injuring the Premises, shall become the property of Lessor at the termination of this Lease. Prior to the construction of any improvements, the Lessee shall submit a written request for approval to the Lessor which shall include a description of the proposed improvements, drawings and/or plans, estimated cost and schedule, and such other information as the Lessee may deem relevant. No construction shall commence prior to approval by the Lessor and the issuance of all appropriate federal, state and/or local permits and approvals. 7 6. Paragraph 16. TERMINATION, of the Restatement is hereby amended to read as follows: 16. TERMINATION: During the entire term of this Lease, Lessor may only terminate this Lease for cause or if authorized by an official act of St. Lucie County in which it is determined that is necessary to use the demised premises for another "public purpose" as referred to in Article X, Section 6 of the Florida Constitution, in which event after such determination is made Lessor shall give Lessee eighteen (18) months prior written notice to the Lessee that the Lease is being terminated. In the event the Lease is terminated as a result of a determination by the Lessor that the premises are needed for another public purpose, Lessor shall be responsible for reimbursement to Lessee of the amortized cost of all improvements made by Lessee to the demised premises during its occupancy of the demised premises based upon a fifteen (15) year life for such improvements. Said fifteen (15) year life for each such improvement shall commence on the date the certificate of occupancy or final inspection was issued for each improvement, or the date of completion if no certificate of occupancy or final approval was issued or required. In the event of termination based on the Lessor's determination that the premises are needed for another public purpose, the Lessee shall provide the Lessor with written proof of the commencement date of such life, as provided above, for each improvement for which the Lessee seeks reimbursement from the Lessor. 8 7. Paragraph 17. COMPLIANCE WITH ALL APPLICABLE LAW, is hereby amended to read as follows: 17. COMPLIANCE WITH ALL APPLICABLE LAW: All buildings and improvements shall be erected and constructed in accordance with and in full compliance with the zoning ordinances and the building code of the City of Fort Pierce and all other applicable laws and regulations. Prior to any permit application, construction, alteration, addition, improvement, or installation, the Lessee shall secure the written approval of the Lessor as set forth in Paragraph 13. 8. Paragraph 27. ASSIGNMENT BY LESSEE, is hereby amended to read as follows: 27. ASSIGNMENT BY LESSEE: Lessee may not assign this Lease in whole or in part, or sublet the premises in whole or in part, or permit the same to be used or occupied by others, without the prior written consent of the Lessor. Any assignment by Lessee shall be limited to an assignment for the operation of a restaurant on the premises. If Lessee is a corporation, partnership or other type of business entity other than an individual, there shall be no transfer of the control of such business entity without prior approval of Lessor, which approval shall not be unreasonably withheld. A transfer of control of the business entity shall be deemed to occur when the owner(s) of more than fifty percent (50%) of the proprietary interest in the business entity transfer, other than 9 between themselves, their immediate families or their heirs, such proprietary interest to another person, firm, partnership, corporation or business entity. Any attempt to effect an assignment or transfer of control without Lessor's prior written consent shall be deemed a default subject to the remedies provided herein. 9. All other terms and conditions of the Lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to the Restatement of Lease Agreement to be executed on the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney ATTEST: CHUCK'S SEAFOOD RESTAURANT, INC. BY: Secretary President (Seal) g: \atty\agreemnt\lease\1a. chucks.06. wpd 10 -, }.-' AGENDA REQUEST ITEM NO. Ur;. DATE: October 10, 2006 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Subdivision Improvement Agreement - Avalon on the Beach BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Subdivision Improvement Agreement and authorize the Chairman to sign the Agreement COMMISSION ACTION: CONCURRENCE: þ(] APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: (ß Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only. if applicable) Eff. 5/96 .- INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 06-1630 DATE: October 4, 2006 SUBJECT: Subdivision Improvement Agreement - Avalon on the Beach **************AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA*************** BACKGROUND: Attached are copies of the following documents: Original Subdivision Improvement Agreement Original Letter of Credit Copy of the Engineers Estimate The documents have been reviewed by the Public Works staff and the County Attorney and have been approved as to form. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Subdivision Improvement Agreement and authorize the chairman to sign the Agreement. Respectfully submitted, DSM/caf Attachments SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT, is entered into as of the ~ day of September, 2006, by and between AVALON ON THE BEACH HOLDINGS, LLC, a Florida limited liability company (the "Developer"); and ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "COlUlty"). WITNESSETH: WHEREAS, the Developer is commencing proceedings to effect a subdivision of land in S1. Lucie County; and WHEREAS, the Developer intends to record a certain plat of a subdivision in S1. Lucie County Florida, to be known as Avalon Beach P.U.D. (the "Subdivision"); and WHEREAS, subdivision and platting ordinances of S1. Lucie County establish procedures and standards for the development and subdivision of real estate and for the surveying and platting thereof, requiring the installation of certain improvements and providing penalties for violations among other things; and WHEREAS, a final plat of a subdivision within the unincorporated area of S1. Lucie County shall not be recorded until the Developer has installed the required improvements or has guaranteed, to the satisfaction of the County, such improvements will be installed; and WHEREAS, the required improvements of the Subdivision are to be installed after recording of the plat under the guarantee posted with the County. NOW THEREFORE, in consideration of the intent and desire of the Developer as set forth herein, and to gain approval of S1. Lucie County to record said plat, the Developer and County agree as follows: 1. COMPLETION OF REQUIRED IMPROVEMENTS/OWNERSHIP. The Developer agrees to satisfactorily complete the required improvements (the "Improvements") for the above- referenced development within twelve (12) months from and after the recording ofthe above- referenced plat, according to the construction plans approved by the County Engineer. The Improvements are more particularly set forth on those certain plans drawn by the Developer's engineers, Culpepper & Terpening, Inc., dated November 16, 2004. Upon completion, the ownership of the Improvements shall be conveyed to Avalon Beach Owners Association, Inc. in accordance with Section l1.04.01.F (2), S1. Lucie County Land Development Code ("LDC"). 2. SECURITY. The Developer, in accordance with the requirements established by the S1. Lucie County LDC, agrees to supply the County with security in a form acceptable to the County Attorney in the amount of One Million Eight Hundred Fifty Six Thousand Seven Hundred Eighty Two and 30/1 00 Dollars ($1,856,782.30), representing 115% of the estimated cost of the Improvements as submitted by the Developer's engineer and approved by the County Engineer. 3. REDUCTION OF AMOUNT OF SECURITY. The amount of the security may be reduced once during the term of this Agreement upon the completion of a portion of the Improvements by the Developer and upon inspection and acceptance by the County. In no event, (00005466.1 ) however, shall the amount ofthe security be less than one hundred percent (100%) of the cost of completing the remaining Improvements. 4. SUPERVISION OF CONSTRUCTION. The Improvements shall be constructed under the supervision of the Developer's engineer in full compliance with the specifications and requirements of S1. Lucie County, and when complete, the Developer's engineer shall f.urnish the County Engineer with a certificate of satisfactory completion for approval. 5. FAILURE TO COMPLETE IMPROVEMENTS. It is further understood and agreed by and between the parties to tins Agreement that, in the event Improvements are not constructed within twelve (12) months from the date of the recording of the above-referenced plat, the County shall have and is hereby granted the right to cause the Improvement to be made and to use the security provided herewith for payment of all costs and expenses incurred in the construction thereof, including but not limited to, engineering; surveying, construction, legal and contingent costs. Furthermore, it is agreed by the parties hereto that County shall be reimbursed from the security provided for any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to carry out and execute all of the provisions of this Agreement and the provisions of the LDC. In the event of Developer's failure or refusal to construct and install the Improvements in accordance with the terms of tIns Agreement, the County shall have the option to do so, with County employees and equipment, or pursuant to public advertisement and receipt of bids. In the event that the total costs incurred in construction and full completion of the Improvements shall exceed the amOlU1t of security provided, such additional costs shall be paid by Developer on written demand by the County Engineer. In the event that the total costs incurred in construction and full completion of the Improvements shall be less than the amount of security provided, such excess security shall be returned to the Developer. 6. RELEASE OF SECURITY. Upon completion of construction of all Improvements, the Developer's engineer shall certify that the improvements have been constructed in accordance with the regulations set forth in the LDC. When the Improvements have been celiified by the Developer's engineer, the County Engineer shall inspect the Improvements and review the construction and supporting test/control data furnished by the Developer's engineer. If all Improvements are completed to the satisfaction of the County Engineer, the County Engineer shall confirm this in writing to the S1. Lucie County Board of County Commissioners. The Developer's security shall then be released in accordance with Section 11.04.01, LDC. 7. RECORDATION OF PLAT. Following execution of this Agreement by both parties and approval of the form of security by the County Attorney, the County agrees to record the plat of the above-referenced Subdivision at such time as the plat complies with the subdivision and platting requirements set forth in Section 11.03.00, LDC. 8. INTERPRETATION: VENUE. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue [00005466.1 } 2 shall be in the NineteenthJudicial Circuit for S1. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have executed these presents on the dates indicated below. The date of this Agreement shall be the date on which this Agreement is approved by the Board of County Commissioners. .' COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Deputy Clerk By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Date: WITNESSES: ¡ k~vl Print Name: fJf14h ' .' Pl1ntNam:;b~{~Jrf'()ðl1 . DEVELOPER: AVALON ON THE BEACH HOLDINGS, LLC, a Florida limited liability company By: AVALON ON THE BEACH, LLC, a Florida limited liability company, its Man' e bel' By: (00005466.1 } 3 .W-ACHOVIA "1' ----------~---------------------------------------- USD 1,856,782.30 09/21/06 I > .J c: t ~ , , , , , ) , , W-ACHOVIA EXHIBIT "C" Avalon on the Beach Engineer's Estimate of Probable Construction Cost ITEM QUANTITY UNIT TOTAL ClearinQ, PavinQ, DraininQ Maintenance of Traffic 1 LS $2,500.00 $2,500.00 Erosion & Sedimentation Barrier 7730 LF $2.00 $15,460.00 Retention Area 1 LS $25,000.00 $25,000.00 Retention Area Retaining Wall 17,927 SF $10.00 $179,270.00 Import Fill 36,365 CY $1.55 $56,365.75 Rough Grade Site 36,365 CY $1.30 $47,274.50 Brick Pavers 28,600 SF $5.00 $143,000.00 1 1/4" Asphalt 4530 SY $7.35 $33,295.50 3/4" Asphalt Type S-III 4530 SY $4.45 $20,158.50 8" Baserock 4530 SY $11.25 $50,962.50 12" Stabilized Subgrade (FBV 75) 4530 SY $4.50 $20,385.00 Valley Curb and Gutter 3983 LF $9.85 $39,232.55 Concrete Header Curb 235 LF $8.50 $1,997.50 Type F Curb and Gutter 113 LF $12.50 $1,412.50 4' wide Concrete Sidewalk 10,108 SF $2.00 $20,216.00 Striping and Signage 1 LS $7,500.00 $7,500.00 Subtotal $664,030.30 Sanitary Sewer 8" PVC, 0-6' DR35 988 LF $28.00 $27,664.00 8" PVC, 6-8' DR35 670 LF $30.00 $20,100.00 8" PVC, 8-10' DR35 70 LF $33.00 $2,310.00 8" PVC, 10-12' DR35 30 LF $44.50 $1,335.00 8" DIP, Epoxy 0-6' 315 LF $64.00 $20,160.00 8" DIP, Epoxy 6-8' 40 LF $84.00 $3,360.00 Manholes 0-6' 7 EA $2,760.00 $19,320.00 Manholes 6-8' 4 EA $3,080.00 $12,320.00 Manholes 8-10' 2 EA $3,500.00 $7,000.00 6" SDR 35 315 LF $65.00 $20,475.00 4" SDR 35 80 LF $45.00 $3,600.00 Lift Station 1 LS $110,000.00 $110,000.00 Service Single 17 EA $585.00 $9,945.00 Service Double 15 EA $745.00 $11,175.00 4" PVC Forcemain 250 LF $17.00 $4,250.00 FM MJ Fittings 1 LS $8,400.00 $8,400.00 Subtotal $281,414.00 Water System 6" PVC Water Main 320 LF 16.50 $5,280.00 8" PVC Water Main 2,020 LF $22.25 $44,945.00 Fire HydranUGV ASSY 4 EA $3,580.00 $14,320.00 6" Gate Valves/Box 4 EA $975.00 $3,900.00 8" Gate Valves/Box 2 EA $1,350.00 $2,700.00 Sample Points 5 EA $110.00 $550.00 Blow-Off ASSY 2 EA $375.00 $750.00 Single Service 15 EA $665.00 $9,975.00 Double Service 11 EA $750.00 $8,250.00 Lift Station Service 1 EA $700.00 $700.00 Fill & Flush Connection 1 EA $7,800.00 $7,800.00 WM MJ Fittings 1 LS $9,500.00 $9,500.00 SÚbtotal $108,670.00 Storm DrainaQe RCP 18" 760 LF $49.00 $37,240.00 CMP 18" 356 LF $49.00 $17,444.00 CMP 24" 110 LF $62.00 $6,820.00 14" x 23" CMP 60 LF $55.00 $3,300.0 Control Structure 1 EA $12,500.00 $12,500.00 Type E Catch Basin 1 LF $4,065.00 $4,065.00 14" x 23" Mitered End Section 2 EA $850.00 $1,700.00 18" Mitered End Section 4 EA $750.00 $3,000.00 Subtotal $86,069.00 Off-site Utility Improvements 12" Water Main 5360 LF $45.00 $241,200.00 4" Force Main 5180 LF $17.00 $88,060.00 3" Reuse Main 5360 LF $15.00 $80,400.00 Cast Iron Fittings & Valves 1 LS $12,500.00 $12,500.00 Subtotal $422,160.00 P·\ProJ-2006\06-058 Avalon on the BeaChlspreadsheel\06-058- Bond-Avalon.xls Construction Services Construction Inspection Services Geotechnical Services Construction Staking Lot Corners & PCP's EXHIBIT "C" Subtotal LS LS LS LS $25,000.00 $7,500.00 $15,000.00 $4,750.00 $25,000.00 $7,500.00 $15,000.00 $4,750.00 $52,250.00 Total Cost of Construction 15% Contingency Total Amount of Required Surety Respectfully submitted; r.~í2 WJ.fiL Richard M. Ladyko, P.E. D Culpepper & Terpeing, Inc. Fla. Registration #34288 P \Proj-20D6\06+058 Avalon on the Beach\5preadshee!\06-058- Bond-Avalon.xls $1,614,593.30 $242,189.00 $1,856,782.30 .... Parks and Recreation Department Memorandum To: Board of County Commissioners From: Linda Barton, Assistant Director /' Subject: Approval of Agenda Item #C-3A Date: 9/21/2006 Teamsters Local # 769 has reserved Indrio School House Facility/Park to hold a picnic on December 2,2006. As part of the event, alcohol will be served and as required by County Ordinance 1-15-23, BOCC approval must be acquired. Staff recommends that the Board of County Commissioners approve Teamsters Local # 769's request to serve alcohol at Indrio School House Facility/Park during its picnic on December 2, 2006. LB: em Attachment cc: D. Anderson, County Administrator R. Wazny, Assistant County Administrator Chron File ~ H ,_.!:: ,,! U C 1 u. .,:).,. èI :'~ ð L '-' JJ J.. V ~ ,,-, 1 U 11 V r- ,- .1. V L. r r II..-~,-v,-'-"'.J I I f-' . .,i &r'¡j(fj~ COUNT,Y ~ ' FLORIDA - AL£OHOL BEVER.AGE PERMIT ST-,-J..UCTE COUNTY I:ARKS AND REÇREATIQN DEPT. ('l'hi~ fonn is to be used in (:r):tIjUl1cdon with tht<: Fadlity Use Permit) ~ . 7"e.AlÞSlcr.> I, 0-fe..A) c (l1 ~-e('S rcpresenti~~~Lò~ "10;tt:quest a p~¡,¡. '1111 t6nt>l.iñj9l.Rd¡')~ ~d¡ alcoholic beverag: for on-site consl;l11ption at ~~~ ~ on VI' £~1hiJ pr (2.) 1..0-6(;,. 6è/?n-1 AlJItrÞ b' ¡> /fÆ I< ~terjll f~)r jS¡;\.12-nC~f Ðeml1! 1, A.."1 applicant must be a: least 21 years of age. 2. An applicant must possess :1 valid åIÌvcr's liccnse or anothe!" form of iden.tiflcation containing & current address. 3 Applìcntior. for permit must be còmpkted and delivered VJ the Par:-:s and Recreation Dcparuneñt at l~ast 15 days prior to the event. 4. User must prr:.:sent a General Liability InS\1.rance pc hcy cortificate for the date of use ¡nd a host liquor liability pdicy certificate ~~ in all amount not less tban one mi1líOJl dollars ($1.000,000) when th~ facility use permit application Î:> subrdttoo S. . In 'the event any user inten¿~ to sell alcoholic be"'t:."rages, they are required to mcet all state requirements regarding si!.le of alcohol and obtain a.ll required permits, Çopies of said permits shan be submitted v.'Ìth thc . facility use pemút 6. The us¢!' m'i.lSt pay1he cost ofstôcurity ¡:rovided by the St. Lucie County Sheriff's Omce. The fee is payable directly to the Parks and Recreation Department at the tirn~ ofpaymcnt for the facility \.lSC. Conditions of Permit 7_ Person signing the pernrit mu~t be pre:;cnt during the event. Axea ofp~nnit u:;c wiil be confined to 6e area specified above. User shOll] be responsible far the behavior of any parties Virith the user's group. User i::; responsible to ascertain tlL.1t no alcoholic bevertl,ge shall be ~ervcd to any person under the age of 21. Alcoholic bevel'ages sha.lI be soldJscr\cd only in conjunction with food sales. No alcohol will be :;erved during the last 30 minutes of-the user's event Tne user must abide by all other operotional policies and procedures as set forth in the fadiity U$": perm.ít. An) violation of any of these rules can result in te:mination of the evc:nL ,.User is not to stlte that SL Lucie ComIty is a sponsor or participant in the event. I 'ng, I as. . to abide by the laws of the State: of F]onda as they apply to the consumption of alcoholic beverages, 'llcie County ordinrlncc5 .md the conditions of this permit a~ set out above. i " q ¡ ( ~, t D ~ ~,¡ I ¡ 1. 2. 3. 4. 6. ....------- Date: Date State Permit Received ----------- Recreation Division S1gnarure Date Insurmce Certificates Receivp.d 10/02 -,. r AGENDA REQUEST ITEM #: C-3a DATE: Oct. 10,2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson, Director SUBJECT: Request for approval to serve alcohol at Indrio School House Facility/Park BACKGROUND: Teamsters Local # 769 has reserved Indrio School House Facili~ to hold a picnic on December 2, 2006. As part of the event, alcohol will be served and as required by County Ordinance 1-15-23, BOCC approval must be acquired. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Teamsters Local # 769's request to serve alcohol at Indrio School House Facility/Park during its picnic on December 2, 2006. COMMISSION ACTION: [X] APPROVED [] DENIED [ ] OTHER: CONCURRENCE: County Attorney: ~ Coord ination/SiQ natu res ntdifJ¡ minis_'(tT. Purchasing: Approved 5-0 Management & Budget: Originating Dept: 5"( Public Works: Other: Finance: (Check for Copy only, if applicable) .., k/ , AGENDA REQUEST ITEM NO. C-3B DATE: October 10, 2006 REGULAR: PUBLIC HEARING: CONSENT: [X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Parks & Recreation/Golf Course PRESENTED BY: Debra Brisson, Parks & Recreatior SUBJECT: FAIR WINDS GOLF COURSE PROPOSED RATE INCREASE BACKGROUND: Please see attached Fairwinds Golf Course is an enterprise fund supported entirely by green fee revenue. Projected rounds revenue must meet budgeted expenses. In order for Fairwinds to meet budget rates were increased October I, 2005, for the first time five (5) years. FUNDS AVAILABLE. N/A PREVIOUS ACTION: On October I, 2005 Board of County Commissioners approved rate increase. RECOMMENDATION: Due to the significant increase in expenses associated with Golf Course operations and maintenance staff recommends the Board of County Commissioners to approve an increase of$l to each 18 Hole Green Fee with Cart effective December 26,2006 in order to successfully balance the budget. Based on the green fee rates survey attached (see Exhibit "A"), Fairwinds rate structure will remain competitive while providing the residents and guest of St Lucie County with the highest level of customer service and championship golf course. [~APPROVED [] DENIED [ ] OTHER: Approved 5-0 COMMISSION ACTION: Review and Approvals . .it .) C""y Anom" · b:- x) Golf Course ". X) Management & Budget x) Purchasing: ~ ; Parks and Recreation Department Fairwinds Golf Course MEMORANDUM TO: Board of County Commissioners THRU: Doug Anderson, County Administrator FROM: Matthew Baum, Golf Course Manager cc: Ray Wazny, Assistant County Administrator Debra Brisson, Parks & Recreation Director DATE: September 26,2006 RE: Fairwinds Golf Course Rate Increase - Agenda Item # C-3B The BOCC approved a 10% increase in green fee rates, effective October 1, 2005. This was the first time Fairwinds green fee rates had been increased in five years. In the meantime, the cost of doing business continues to rise. Budgeted personnel and operating expenses have risen approximately 28% in the past 5 years while rates have only increased by 10% in the past six years. Based on the National Golf Foundation's Operating & Financial Performance Profiles of 18-Hole Golf Facilities in the U.S., 47% of the nation's public golf courses increased rates in 2005 and 66% plan to raise rates in 2006. It is a common practice for facilities surveyed in the tri-county area to raise rates $1 to $2 annually to cover rising costs. In order for the Fairwinds Enterprise Fund to meet state statute's requiring that at a minimum revenues equal operating costs, staff is recommending that the BOCC increase all 18-Hole green fee rates by $1.00 effective December 26, 2006. Note: Rate increases approved by the BOCC prior to October 1, 2005: o September 26, 2000 - Associate member rate increased $1. o September 28, 1999 - Non Associate member rate increased $2. o November 24, 1998 - All morning golf fees increased by $2. o May 8, 1997 - All fall and winter rates were increased between $1 and $2 each. 4400 Fairwinds Drive. Ft. Pierce, FL 34946 Administrative Office (772) 462-2722. Fax (772) 462-3589 (772) 462-4563 Tee Times . Pro-Shop (772) 462-1955 Matthew Baum, Golf Course Manager I PARKS & RECREATION DEPARTMENT FAIRWINDS GOLF COURSE MEMORANDUM TO: Board of County Commissioners FROM: Matthew Baum, Golf Course Manager DATE: September 22, 2006 RE: Fairwinds Golf Course Rate Increase WINTER RATE SUMMER RATE GOLF COURSE Jan - April May - October PGA North, PSL $100 PGA South $100 PGA Dye $100 $39 PGA Country Club - SL W $100 Eagle Marsh, Jensen Bch $89 $39 Panther Woods, Ft Pierce $75 $35 Links at Pointe West, Vere Bch $70 $35 Club Med, PSL $60 $38 Indian Hills, Ft Pierce $48 $18 *Sandridf!e, Vera Bch $45 $28 Gator Trace, Ft Pierce $44 $20 Island Pines (formerly Indian Not Set $21 Pines) The Saints at Port St Lucie $45 $23.75 Fairwinds, Ft. Pierce $48 $25 RATE ANALYSIS ·06' Rate, may go up $1 to $2 in 07' SEP-11-2006 02:17 PM FAIRWINDS 772 462 358':1 P.03 \, :> ~ ~ ~ ~ ~;O ~ ;¡¡. ~ 0;' œ :I::I:~ Ii 101'" 0;' ~5 ¡;' ~ ~ ~ Q ..¡:¡ ;:¡ D ::: ~ e,. e,. c 0 a. c:I D f~ a. § ~ ~~~ ..,.. ~ a. :I: !~ ... wwQ s... :t a ~ ~ ::l. § ~ 3 3. ß. It 0 0 .., ., -., is: ..,~ .., Ii Ii : ~ ~ ~ - ........- 18 ~~~ ~. ¡ ~; ....-00 I !J1:-C:: ~~ ~~r ê s-: 88r "'.... 0 ~¡ t~ ~~ ¡;:- ~t;; ... rD ...¡:¡ t') O' N 08 II ~ Z ~ ~ n . e ~. f ~~ ~ C"J ¡~ ~ "'Í "I1i-ì C"' Q¡ fCIJ ~ i~ ..., ~ ~ .., .., . rl ~= ~ N ..¡:¡ ..¡:¡==' \.rt 8~ II II ~ .. ..........¡:¡ f ........~ ~ N õÑ:: f==, ~~ .., ~!'-'n ~ ~",.... . . 0 - NN~ 88r ä ~~ 88:. VlOVl N j 888 f "'C__ f ~ ~ ~ ~ c:I r~ n s' .r - ¡:; a. ~ "'::I: ii 00 0 00 D ..¡:¡ "¡:¡o ('") :I: ~ ~~ a. f ê· r~ ä. ~ ,ø ..... ii :t: .....cn'11 ... '= ..... ~ s... ~ C"' =.~ S ::l. ~ o§ ª ~ s¡ ¡;--. It !;¡ .., i I ~ .., .., i@ ~O ¡~ :I: N . 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P VlQ\ l~ f E gà i-ì ~ ~ 88 ~ ~ ""'....~ ""'.....~ "11 f~ = e ¡r~ =~(J) oo::;;t':! a ;:a 0'" "'Z 88 . . -;:a ~ C"J 88t':! ..¡:¡ \C~ ; .., CIJ > t \,;.I ==' ...."'" \C t~ ....""'> ~ ~ \05= _Nr ;¡ p .....- . . 0 88_ ~ 8 88r ~ -~ \;.I ãz N ~ ~ ~ z -..] f- ~ · ~ AGENDA REQUEST ITEM NO: C-3c DATE: October10, 2006 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson Director SUBJECT: South County Regional Stadium sponsorship cancellations BACKGROUND: During the construction of the South County Regional Stadium, several sponsorship agreements were entered into in the year 2000 to assist with the project cost. Over the years some of the sponsors have not met their payment obligation for various reasons including dissolution of a partnership and lack of interest in participating as a sponsor. Staff is requesting that the Board of County Commissioners' give approval to void sponsorship agreements COO-05-315, COO-10-071 , COO-12-187 and COO-12-188. Attached for review is the detailed listing. PREVIOUS ACTION: N/A FUNDS AVAILABLE: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners' give approval to void South County Regional Stadium sponsorship agreements COO-05-315, COO-10- 071, COO-12-187, and CO-12-188. COMMISSION ACTION: CONCURRENCE: Approved 5-U ~ pc] APPROVED [ ] OTHER: [ ] DENIED Coord ination/Siq natures j\¡,l County Attorney: Æ. _ Mgt & J}udget: Originating Dept: -b: ~c Works: Purchasing: Other: Finance: (Check for Copy only, if applicable) - .. .....l'~' , ~ Parks and Recreation Department Memorandum From: Board of County Commissioners ,,~ ----- Linda Barton, Assistant Director / ~ To: Subject: Approval of Agenda Item #C-3C Date: September 26, 2006 During the construction of the South County Regional Stadium, several sponsorship agreements were entered into in the year 2000 to assist with the project cost. Over the years some of the sponsors have not met their payment obligation for various reasons including dissolution of a partnership and lack of interest in participating as a sponsor. Staff is requesting that the Board of County Commissioners' give approval to void sponsorship agreements COO-05-315, COO-lO-071, COO-12-187 and COO-12-188. 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(.¡.) a> (J) () () () () (J) (J) * m CD 0 0 0 0 CD CD (J) 0 3- 3- :J :J 3- 3- 3- CD OJ - - 3- m .., ¡¡¡ .., .., m m 0 Q) Q) Q) ::; !l !l !l !l ::; ::; m :J CD CD CD ::; - ¡¡¡ () () () () .., .., CD 3' 0 0 0 0 I en .., CD 3 3 3 3 0 CD "C ~ Q) "C "C "C "C :J II) Q) 0 CD 0 :::r m m m m :::r ;:¡. ro ro ro ro '< :J '< CD '< CD CD Q) CD .., Q) .., Q) en .., cr .., ~ AGENDA REQUEST ITEM NO: C· i DATE: October 10, 2006 Presentation [ ] Regular [ ] Public Hearing [] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Beth Ryder, Director ~ SUBMITTED BY: Community Services Department SUBJECT: Approval to enter into contract with INTACT, the long term recovery organization, to fund positions for case management and coordination assistance for INTACT, to purchase computers and office furniture for these positions, to hire staff, and to have the Chair or designated representative sign necessary documents. BACKGROUND: INTACT (Inspired Network to Achieve Community Together) has grant funding available to support coordinator and case manager positions for long term recovery for the County. The agency that was previously providing the service is no longer able to do so and Community Services would like to contract with them to provide the service. The funds provided will be supplemented with funding from the Hurricane Housing Recovery Grant. FUNDS AVAIL: 185008-6420-512000-600 (FHFA Hurricane Housing Recovery) for the County's portion of the funding PREVIOUS ACTION: On July 12, 2005, the Board approved the Hurricane Housing Recovery Plan and approved acceptance of the funds and on November 1, 2005, approved three grant funded Housing Program Specialist positions and one Executive Assistant. RECOMMENDATION: Staff recommends approval to contract with INTACT to receive grant funds to provide coordination and case management services and to authorize the Chair or designated representative to sign all necessary documents; to approve the purchase of computers and office furniture for staff hired into these positions; and to hire staff to fill the approved positions. COMMISSION ACTION: pfJ. APPROVED [] DENIED [ ] OTHER Approved (5-0) County Attorney: x Purchasing: ~ Coordination/Sianatures Management Originating Department: x Other: CONCURRENCE: Other:_Human Resources Finance: x Check for copy only, if applicable COMMUNITY SERVICES MEMORANDUM #07-02 FROM: Board of County Commissioners Beth Ryder, Community Services Director &&- TO: SUBJECT: Approval for contract with INTACT for support services. DATE: October 10, 2006 St. Lucie County INTACT (Inspired Network to Achieve Community Together) has grant funding available to support a coordinator and a case management position and provide them with office furniture and computers for long term recovery for County residents. The agency that was previously providing the service is no longer able to do so and Co~munity Services would like to contract with them to provide the service. The funds provided will be supplemented with funding from the Hurricane Housing Recovery Grant. Attached for Board approval is the Agreement between INTACT and St. Lucie County in the amount of $87,500. On July 12, 2005, the Board approved the Hurricane Housing Recovery Plan and approved acceptance of the funds and on November 1, 2005, approved three grant funded Housing Program Specialist positions and one Executive Assistant. Recommendation: Staff recommends approval to contract with INTACT to receive grant funds to provide coordination and case management services and to purchase office equipment and computers; approval of the agreement with INTACT; approval to purchase computers and office furniture and authorization for the Chair to sign all necessary documents. AGREEMENT THIS AGREEMENT is made and entered into this 10 day of October, 2006, by and between ST. LUCIE INTACT, hereinafter referred to as "INTACT', and the, ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County." ARTICLE' PERIOD OF AGREEMENT This Agreement shall begin October 1, 2006 and shall end September 31, 2007 . INTACT reserves the right to continue this agreement for one (1) additional year, subject to agreement by the parties on terms and costs. The County agrees to provide INTACT with a proposal for service continuation, including costs, on or before August 1, 2007. ARTICLE II COUNTY RESPONSIBILITIES The County, through its Community Services Department, agrees to perform the following services pursuant to this Agreement as follows: Lona-Term Recovery Coordinator Duties: 1. General administrative staff services, including but not limited to: a. 0 Preparation and distribution of corresponder.t,~ 'èirfÓ reports. b. Filing and maintenance of records. c. Responding to telephone inquiries, answering of routine questions and distribution of messages. 2. Committee and Board management, including but not limited to the: a. Notification of meetings. b.. Preparation and distribution of agendas, minutes, and reports. c. Assistance in recruiting representatives to serve on Committees and Board. d. Support of Committees to develop and implement strategies to achieve the mission and goals of INTACT. 3. Coordination and support of committees, including but not limited to: a. Assisting with the ongoing work of Volunteer Coordination Committee, Case Management Committee, Spiritual and Emotional Care Committee, Fund Development Committee, and the Public Relations Committee. Assistance may be in the form of recruitment, training, supervision, and recognition of volunteers. b. Assisting with organization and maintenance of the committee process by which volunteers are assigned to help individuals and agencies affected by area disasters. c. Assisting with the management of a committee process through which volunteers are scheduled to work and all necessary records associated with their work are properly maintained. 4. Maintain information as to the purchase or inventory of materials necessary to make repairs associated with area disasters. 5. Coordination with local agencies serving the same constituency as INTACT, including but not limited to: a. Facilitating communication among human services organizations and government. PAGE 20F 6 . COMMUNITY SERVICES-INTACT AGREEMENT b. Efforts to reduce or eliminate duplication of services to individuals and agencies with respect to area disasters. c. Efforts to secure grant and other funding to assist INTACT achieve its mission and goals. 6. Performing similar services to that listed above as may be assigned by INTACT Executive Board and as determined to be necessary to achieve INTACT's mission and goals. Case Manaaer Duties: 1. General administrative staff services, including but not limited to: a. Preparation and distribution of correspondence and reports. b. Filing and maintenance of records. c. Responding to telephone inquiries, answering of routine questions and distribution of messages. 2. Coordination with local agencies serving the same constituency as INTACT, including but not limited to: a. Facilitating communication among human services organizations and govemment. b. Efforts to reduce or eliminate duplication of services to individuals and agencies with respect to area disasters. . c. Efforts to secure grant and other funding to assist INTACT achieve its mission and goals. 3. . Complete eligibility screening for programs that might assist with applicant unmet needs and compiles necessary documentation to meet grant requirements. 4. " Maintain accurate records, prepare reports and may perform social work duties as required. 5. Provide counseling and support for applicants in health, career, employment, education, life planning, etc. to encourage and enhance self-sufficiency. a. Assist eligible clients in applying for oene1'i'is and monitors the progress of their applications and appeals. b. Perform specialized casework services directed towards the returning of welfare recipients to self support and self-ca'í~ c. Advise applicants on a wide variety of problems in conjunction with available services. 6. Conduct special projects, studies and surveys and may speak to various groups on social welfare programs. 7. Perform similar services to those listed above as may be assigned by INTACT Executive Board and as determined to be necessary to achieve INTACT's mission and goals. ARTICLE III INT ACT RESPONSIBILITIES INTACT agrees to perform the following services pursuant to this Agreement: 1. Develop and implement a coordinated volunteer program that includes the recruitment, training, supervision and recognition of volunteers. 2. Schedule volunteers to work and collect of all necessary records associated with their work. . COMMUNITY SERVICES-INTACT AGREEMENT PAGE 3 OF 6 3. Secure all necessary permits to make repairs associated with area disasters. 4. Procure and store materials necessary to make repairs associated with area disasters and develop and maintain an inventory of such materials. 5. Submit applications for grants and other funding to assist I NT ACT achieve its mission and goals. ARTICLE IV STAFFJNG The County shall see to it that one or more persons are working on its behalf to deliver the scope of services outlined in Article II. The County shall designate one person to serve as a "Long-Term Recovery Coordinator" and one person to serve as a "Case Manager" which shall implement or shall cause the implementation of those services listed in the scope of services outlined in Article II. The County shall compensate persons working on its behalf to deliver the scope of services, doing so in amounts and at times that it determines to be appropriate. INTACT shall have the right to review any and all compensations associated with the delivery of the scope of services, and shall recommend adjustments it determines to be appropriate. INTACT may choose to terminate . this agreement should the County fail to compensate persons working on its behalf in service to INTACT in an amount or manner INTACT determines to be inappropriate. ARTICLE V COMPENSATION INTACT agrees to pay the County a total fee of $87 ,SOO.OO during the term of the agreement. The fee shall be paid no less than once every three months beginning October 20, 2006. Should either party choose to terminate this agreement, prorated amounts will be returned to INTACT within 60 days following termination. The initiation and continuation of this Agreement will be contingent upon the availability of and access to funds by INTACT. The Agreement may be canceled by INTACT with seven days notice in the event funds for these services become unavailable. In such circumstances, INTACT shall be reimbursed by the County for funds on a prorated basis. ARTICLE Vf TERMINATION Unless otherwise provided for in this agreement, INTACT Of the County may, without cause and without prejudice to any other right or remedy, elect to terminate this Agreement upon thirty (30) calendar days written notice to the other party. In such case the County shall be paid for all work performed prior to the effective date of termination. If either party fails to fulfill its obligations under this Agreement in a timely and proper manner, the other party shall have the right, but not the obligation, to terminate this Agreement by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the party in default fails to correct the deficiency within the seven (7) calendar day period, this Agreement shall terminate at the expiration of that time. Waiver of a breach of any provision of this Agreement shall not be deemed to be a modification of this Agreement. · COMMUNITY SERVICES-INTACT AGREEMENT PAGE 4 OF 6 The aforesaid termination notice, as well as all other notices required herein, shall be considered received by INTACT or the County if delivered in person with written proof thereof or if deposited in the U.S. Mail, in a prepaid wrapper marked certified, return receipt requested, to the following Parties: SLC BOCC: INTACT: 51. Lucie County Board of County Commissioners Chairman 2300 Virginia Avenue Fort Pierce, FL 34982 Chairman St. Lucie INTACT c/o United Way of 8t Lucie County 4800 S. US Hwy #1 Fort Pierce, FL 34982 With a copy to: 81. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this article. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. ARTICLE VII GOVERNING LAWS; VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be exclusively in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. ARTICLE VIII COMPLIANCE The County shall comply with the requirements of all federal laws, state laws, local codes, and ordinances pertaining to this Agreement, and in part\t.'ü\-af, that it will comply with all of the laws, rules and regulations governing the use of the funds it is managing on behalf of INTACT. ARTICLE .IX ASSIGNMENT This Agreement may not be assigned without the prior written consent of the parties. COMMUNITY SERVICES-INTACT AGREEMENT PAGE 5 OF 6 ARTICLE X WAIVER A waiver of any performance or breach by anyone of the parties to this Agreement shall not be construed to be a continuing waiver of other breaches or non-performance of the same provision or operate as a waiver of any subsequent default of any of the same terms, covenants, and conditions of this Agreement. The payment or acceptance of funds for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. ARTICLE XII SEVERABILITY If anyone or more of the covenants, agreements, or provisions of this Agreement shall be held contrary to any express provision of law or contrary to any policy of express law, although not expressly prohibited, contrary to any express provision of 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 of this Agreement. ARTICLE XIII MODIFICATIONS This writing embodies the entire Agreement and Understanding between the parties and there are no other Agreements and/or Understandings, oral or written, with respect to the subject matter hereof, that are not merged herein and superseded hereby. All additions, deletions, or revisions in the Agreement shall be valid· and enforceable only when evidenced by a written modification approved and executed by INTACT and the County. Similarly, no contract which purports to affect the terms of this Agreement will be valid as it affects this Agreement, unless in writing and executed by INTACT and the County, unless otherwise authorized herein. ARTICLE XIV COSTS Either party will be entitled to recover all costs and attorneys' fees incurred due to any breach of this Agreement by the other party, including but not limited to costs and attorneys' fees associated with administrative hearings, court proceedings, and appellate proceedings. ARTICLE XIV SURVIVABILITY Any term, condition, covenant, or obligation that requires performance by either party subsequent to termination of this Agreement will remain enforceable against such party subsequent to such termination. [The next page is the signature page.] COMMUNITY SERVICES-INTACT AGREEMENT PAGE 6 OF 6 IN WITNESS WHEREOF the parties hereto respectively set their hands and seals on the date(s) shown below and submit that they have the legal authority to commit the parties to this Agreement: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: ATTEST: DEPUTY CLERK CHAIRMAN DATE APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY WITNESSES: ST. LUCIE INTACT: BY: CHAIRMAN DATE AGENDA REOUEST ITEM NO. CSa DATE:Odtoberl0,2006 REGULAR [ ] PUBliC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMmED BY(DEPT): PUBliC SAFETY JACK T. SOUTHARD PUBliC SAFETY DIRECTOR SUBJECT: Accept the State of Florida, Domestic Security Federally Funded Sub-grant Agreement #07-DS-3W-lO-66-0l in the amount of $46,633.00. This Ageement begins upon execution of the agreement by both parties and shall end February 28, 2007. BACKGROUND: FUNDS WILL BE AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends State of Florida grant Agreement $46,633.00. the Board of County Commissioners accept Domestic Security Federally Funded Sub- #07-DS-3W-lO-66-0l in the amount of COMMISSION ACTION: b(] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: 11(/ COUI'..ty þ.t"t;o~ r'Y'~'n"hnc D<> ¿ ~ '..,.......J..-~..... ...~'-.... -........ ---- // --- Review and Acprovals ~ .. t'. ¡~ ÄI~1, Manaqemen,. " Budget ,-Wj.; \ ' purchasing: Otne:::-: othe:::: Finance: (Check for Copy only, if applicable) Eff. 5/96 S't. Lucie County Department of Pub~ic Safety Division of Emergency Management MEMORANDUM TO: Board of County Commissioners FROM: Jack T. Southard, Public Safety Director DATE: September 30, 2006 REF: State of Florida Domestic Security Federally Funded Sub-grant' Agreement #07-DS-3W-l0-66-01 The purpose of the State of Florida Domestic Security Federally funded Sub-grant is for local planning, exercise, and training for homeland security. This agreement shall begin upon execution of the agreement by both parties and shall end February 28, 2007. Therefore, Staff recommends the Board of County Commissioners approve State of Florida Domestic Security Federally Funded Sub-grant Agreement #07-DS-3W-IO-66-01. JTS/mgp Contract Number: 07 -DS-3W-1 0-66-01 CFDA Number: 97.067 FEDERALL V-FUNDED SUBGRANT AGREEMENT THIS AGR~EMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and Saint Lucie County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to_provide the services identified herein; and B. WHEREAS, the Department has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and -.. C. WHEREAS, the Department has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS. RULES, REGULATIONS AND POLICIES Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment 8. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties or July 1, 2005, whichever is later, and shall end February 28, 2007, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. 1 (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal ACommon Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMS Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21 , "Cost Principles for Educational Institutions," or OMS Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be .. subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Department or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department or its designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. 2 (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shaH include, but not be limited to, auditors retained by the Department. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal 3 awards expended should be in accordance with the guidelines established by OMS Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised; will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit· conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133,' as revised, the cost of the audit must be paid from non-Federal resources (Le., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMS Circular A-133, as revised, by or on behalf of the Recipient directlv to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Bureau of Preparedness and Response 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMS Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 4 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Division of Emergency Management Grants Administration Unit 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. U) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under 5 Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Department no later than seven (7) months from the end of the Recipient's fiscal year. (7) REPORTS (a) At a minimum, the Recipient shall provide the Department with semi-annual reports, and with a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to such other information as requested by the Department. (b) .Semi-annual reports are due to be received by the Department no later than 30 days after the end of each period of the program year and shall continue to be submitted each period until submission of the administrative close-out report. The ending date for the period of the program year is December 31. (c) The close-out report is due 60 days after termination of this Agreement or upon completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Department" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide such additional program updates or information as may be required by the Department. (f) The Recipient shall provide additional reports and information as identified in Attachment D. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are met, the Budget and Scope of Work is accomplished within the specified 6 time periods, and other performance goals stated in this Agreement are achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement, and reported in the semi- annual report. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Department will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall hold the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes òf this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which.result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. 7 (10) DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth in Paragraph (11), but the Oepartment may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at åny time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. (c) If any reports required by this Agreement have not been submitted to the Department or have been submitted with incórrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (11) REMEDIES. Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (13) herein; 8 (b) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to the Department any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program. (f) Exercise any other rights or remedies which may be otherwise available under law. (g) The pursuit of anyone of the above remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. (12) TERMINATION. (a) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) The Department may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate 9 with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Department contract manager for this Agreement is: Ms. Chanda D. Brown, Contract Manager Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: 850-414-8538 Fax: 850-488-7842 Email: chanda.brown@dca.state.fI.us (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Saint Lucie County Board of County Commissioners 101 North Rock Road Ft. Pierce, Florida 34945 Telephone: 772-461-5201 Fax: 772-462-1774 Email: 10 (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the unsigned subcontract must be forWarded to the Department for review and approval'prior'to execution of the subcontract by the Rècipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing its work under this Agreement shall be. documented in the semi-annual report submitted by the Recipient. For each subcontract, the Recipient shall provide a written statement to the Department as to whether that subcontractor is a minority vendor. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Budget and Scope of Work Attachment B - Program Statutes and Regulations Attachment C - Justification of Advance 11 Attachment 0 - Warranties and Representations Attachment E - Certification Regarding Debarment Attachment F - Assurances (17) FUNDING/CONSIDERATION' (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $46,633 subject to the. availability of funds. (b). Any advance payment under this Agreement is subject to Section 216.181(16), Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Department under Paragrapj1 (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A- 122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the budget data on which the requèst is based and a justification statement shall be included in this Agreement as Attachment C. Attachment C will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1. No advance payment is requested. 2. An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, . Attachment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, all obligations on the part of the Department to make any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the Department. 12 (18) REPAYMENTS All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (19) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. (20) STANDARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. 13 (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. .. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 U.S.C. Section 12101 et seQ.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a. public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to å public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services tei a public entity, may not submit a bid on a contract with a public entity for the construction or repairof a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 14 (h) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 20(h)2. of this certification; and . 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall submit to the Department (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment H) for each prospective subcontractor which Recipient intends to fund under this Agreement. Such form must be received by the Department prior to the Recipient entering into a contract with any prospective subcontractor. (i) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. G) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 15 (k) If otherwise allowed under this Agreement, all bills for any travel expenses shcill be submitted in accordance with Section 112.061, Fla. Stat. (I) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (m) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (n) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 27 4A( e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 27 4A( e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (21) LOBBYING PROHIBITION (a) No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. 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, 16 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.cèrtify 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 Sèction 1352, Title 31, U.S. Code. Any person-who fails to file the required certification shall be subject to a civil penalty of hot less than $10,000 and not more than $100,000 for each such failure. (22) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WIT'" THE PERFORMANCE OF THIS AGREEM~NT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENTARE HEREBY_ TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be 17 sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or ott1er copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under orin connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which accrue dÜring performance of the Agreement. /è (23) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein.' The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (24) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment F. 18 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. Recipient: BY: Name and title: Date: SAMAS # FID# STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: Name and Title: W. Craiq Fuqate. Director of Emerqencv Manaqement Date: 19 -..... EXHIBIT -1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program Department of Homeland Security, Office of Domestic Preparedness CFDA# 97.067 $46,633 NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable complianc~ requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: N/A 1. First applicable compliance requirement (e.g., what services/purposes resources must be used for). . 2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resourëes). 3. Etc. NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use languélge that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the language may state that the recipient must comply with a specific law(s), rule(s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. NOTE: Section AOO(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 20 Attachment A Budget and Scope of Work Proposed Program Budget Below is a general budget which outlines eligible categories and their allocation under this award. The Recipient is to utilize the "Proposed Program Budget" as a guide for completing the "Budget Detail Worksheet" below. 4;- 4;- 4 No more than 2.5% of the total award may be expended on Management and Administration costs by the Recipient. At the discretion of the Recipient, funds allocated to Management and Administration (as described in the "Proposed Program Budget") may be put towards Programmatic costs instead. The transfer of funds between planning, training, exercises and management & administration is permitted, for this contract only, whereas management & administration costs do not exceed 2.5% of the Recipient's total award. State Homeland Security Grant Program - Issue 08 St. Lucie County Emergency Management Planning Training Exercises $45,467 Management & Administration (the dollar amount which corresponds to 2.5% of the total award is shown in the column on the right) $1,166 , ",Ir t" * ,,...0; 21 Budget Detail Worksheet The Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award for issue 08 as described in the "Proposed Program Budget". If any changes need to be made to the "Budget Detail Worksheet", after the execution of this contract, contact the contract manager listed in this contract via em ail or letter. Budget Detail Worksheet #08 - Eligible Activities ~~~_~______,""_v_~~__,..-____",,,"~_ ~--,=-~-~~~=~~.,,~-~~~~--~~, 1:,~lm~\!i¡ît~ii!f.xi{¡m~(!w,S:ro'k"1ç:y "\~ ~;/. ·"1';::" '¡, ·k, , 3",=" ":.cçl~'j;'f'J!U'ß'h,J' ~~r!\It~~~12'117\:~~:;;?;'¡,~t~tJ\\~'t! iÑf~_Ü:-~~~K~ ::'fu ~¡îLll~;2=nf':;::ßhW"0:" ~ :~:;;~!é~"<> ~ t.~>.~:t-,--~#~~ ~~'_~ { _~ h =U"'::" » ~ ':'Lf:i~ ::;t ~:; ~ -:: ~'" % ~4~~><,,~: d-.,:~ :-:~". "_ 'r-: -~-~=.,; & ~ ~ ~ tv \~;h,,;~:-J,,~u~M\frf~~ ~}~ç~~ Public Education/Outreach Develop and implement homeland security support programs and adopt ongoing DHS national initiatives Develop and enhance plans and protocols Develop or conduct assessments Establish, enhance, or evaluate Citizen Corps-related volunteer programs Hiring of full or part-time staff or contractors/consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties) Conferences to facilitate planning activities Materials required to conduct planning activities Travel/per diem related to planning activities Overtime and backfill costs - Payment of overtime expenses will be for work performed by award (SAA) or sub-award employees in excess of the established work week (usually 40 hours) related to the planning activities for the development and implementation of the programs under HSGP. Overtime and backfilrfunding fOf emergency preparedness and response personnel attending ODP-sponsored and approved training classes. Grantees may also use ODP grant funds to cover overtime and backfill expenses for part-time and volunteer emergency response personnel participatin in ODP trainin . Training Workshops and Conferences - Grant funds may be used to plan and conduct training workshops or conferences to include costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and training plan development. Full or Part-Time Staff or Contractors/Consultants - Full or part-time staff may be hired to support training-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s) of government and have the approval ofthe state or the awarding agency, whichever is applicable. The services of contractors/consultants may also be procured by the state in the design, development, conduct, and evaluation of CBRNE training. The applicant's formal written procurement policy or the Federal Acquisition Regulations (FAR) must be followed. 22 Travel - Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct ofthe training project(s) or for attending ODP-sponsored courses. These costs must be in accordance with state law as highlighted in the OJP Financial Guide. States must also follow state regulations regarding travel. If a state or territory does not have a travel policy they must follow federal guidelines and rates, as explained in the OJP Financial Guide. For further infonnation on federal law pertaining to travel costs please refer to http://www.ojp.usdoj.gov/FinGuide. Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the training project(s) (e.g., copying paper, gloves, tape, and non-sterile masks). Other Items - These costs include the rental of spacellocations for planning and conducting training, badges, etc. Exercise Planning Workshop - Grant funds maybe used to plan and conduct an Exercise Planning Workshop to include costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel and exercise plan development. Full or Part-Time Staff or ContractorslConsultants - Full or part-time staff may be hired to support exercise-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unites) of government and have the approval of the state orthe awarding agency; whichever is applicable. The serVices of contractors/consultants may also be procured to support the design, development, conduct and evaluation of CBRNE exercises. The . applicant's fonnal written procurement policy or the Federal Acquisition Regulations (FAR) must be followed. Overtime and backfill costs - Overtime and backfill costs associated with the design, development and conduct of CBRNE exercises are allowable expenses. Grantees may also use ODP grant funds to cover overtime and backfill expenses for part-time and volunteer emergency response personnel participating in ODP exercises. Travel - Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise project(s). These costs must be in accordance with state law as highlighted in the OJP Financial Guide. States must also follow state regulations regarding travel. If a state or territory does not have a travel policy they must follow federal guidelines and rates, as explained in the OJP Financial Guide. For further information on federal law pertaining to travel costs please refer to http://www.ojp.usdoj.gov/FinGuide. Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., copying paper, gloves, tape, non-sterile masks, and disposable protective equipment). Other Items - These costs include the rental of spacellocations for exercise planning and conduct, exercise signs, badges, etc. The scenarios used in SHSGP funded exercises must be terrorism-related and based on the State Homeland Security Strategy and plans. Acceptable scenarios for exercises include: chemical, biological, radiological, nuclear, explosive, cyber and agricultural. A state or local jurisdiction that conducts an exercise using SHSGP funds must follow the HSEEP doctrine and protocols located at http://www.oip.usdoi.aov/odp/exercises.htm#hseep. 23 Hiring of full-time or part-time staff or contractors/consultants: o To assist with the management of FY05 HSGP. o To assist with design, requirements, and implementation of FY05 HSGP. o To assist with the implementation and administration ofthe State Homeland Security Strategy, as it may relate to the individual grant program. Hiring of full-time or part-time staff or contractorslconsultants and expenses related to: o HSGP pre-application submission management activities and application requirements. o Meeting compliance with reportingldata collection requirements, including data calls. Development of operating plans for infonnation collection and processing necessary to respond to DHSlODP data calls. Overtime and backfill costs - Payment of overtime expenses will be for work perfoimed by award (SAA) or sub-award employees in excess of the established work week (usually 40 hours) related to the M&A activities for the development and implementation of the programs under HSGP. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or local unit(s) of government and has the approval of the state or the awarding agency, whièhever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of govemment AND from an award for a single period of time (e.g., 1 :00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation. Travel expenses Meeting-related expenses (For a complete list of allowable meeting- related expenses, pleáse review the OJP Financial Guide at http://www.ojp.usdoj.gov/FinGuide). Acquisition of authorized office equipment, including personal computers, laptop computers, printers; LCD projectors, and other equipment or software which may be required to support the implementation of the homeland security strategy. The following are allowable only within the contract period: o Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc. o Leasing and/or renting of space for newly hired personnel to administer programs within FY05 SHSGP. 24 Scope of Work Funding is provided to perform eligible activities as identified in the Office for Domestic Preparedness Fiscal Year 2005 State Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Strategy. Eligible activities are outlined in the Scope of Work for each category below: I. Categories and Eligible Activities 08. Planning,Training and Exercises for Local and Regional Efforts FY2005 SHSGP, Issue OBb, allowable costs are divided. into the following categories: planning, training and exercises. In addition, management and administration costs are also allowable. Management and administration costs may not exceed 2.5% of the Recipient's total award. A. Planning Developing and implementing homeland security support programs and adopting DHS national initiatives including but not limited to the following: Costs associated with implementing and adopting HSPD-8 initiatives Costs associated with implementing and adopting NIMS Costs associated with modifying existing incident management and EOPs to ensure proper alignment with the NRP coordinating structures, processes, and Establishing or enhancing mutual aid agreements Developing communications and interoperability protocols and solutions . . Conducting local, regional, and tribal program implementation meetings Developing or updating resource inventory assets in accordance to typed resource definitions issued by the NIC .. Designing state and local geospatial data systemS Developing related critical infrastructure terrorism prevention activities including: o Planning to enhance security during heightened alerts, during terrorist incidents, and/or during mitigation and recovery o Public information/education: printed and electronic materials, public service announcements, seminars/town hall meetings, web postings coordinated through local Citizen Corps Councils o Citizen Corps activities in communities surrounding critical infrastructure sites; including Neighborhood Watch, VIPS, and other opportunities for citizen participation o Evaluating CIP security equipment and/or personnel requirements to protect and secure sites o CIP cost assessments, induding resources (financial, personnel, etc.) required for security enhancements/deployments. Developing and enhancing plans and protocols, including but not limited to: Developing or enhancing EOPs and operating procedures Developing terrorism prevention/deterrence plans Developing plans, procedures, and requirements for the management of infrastructure and resources related to HSGP and implementation of State or Urban Area Homeland Security Strategies . Developing or enhancing border security plans Developing or enhancing cyber security plans Developing or enhancing cyber risk mitigation plans Developing or enhancing agriculture/food security risk mitigation, response, and recovery plans Developing public/private sector partnership emergency response, assessment, and resource sharing plans Developing or updating local or regional communications plans Developing plans to support and assist special neèds jurisdictions, such as port authorities and rail and mass transit agencies Developing or enhancing continuity of operations and continuity of government plans Developing or enhancing existing catastrophic incident response and recovery plans to include and integrate federal assets provided under the NRP. Developing or conducting assessments, including but not limited to: Conducting point vulnerability assessments at critical infrastructure sites/key assets and develop remediation/security plans Conducting cyber risk and vulnerability assessments Conducting assessments and exercises of existing catastrophic incident response and recovery plans and capabilities to identify critical gaps that cannot be met by existing local and state resources Activities which directly support the identification of specific catastrophic incident priority response and recovery projected needs 25 Activities which directly support the identification and advance preparation of pre-designated temporary housing sites; for example: o Conducting assessments and studies to identify qualified candidate sites o Obtaining accurate site surveys and existing utility information o Coordinating zoning requirements and necessary permits and/or waivers o Coordinating environmental impact requirements related to a selected site o Coordinating historic preservation requirements related to a selected site. B. Training Allowable training-related costs include: 1) establishment of CBRNE terrorism and cyber security training programs within existing training academies, universities or junior colleges; and 2) overtime and backfill costs associated with attendance at ODP-sponsored and ODP approved CBRNE and cyber security training courses. The target audience for training courses include emergency preparedness, prevention and response personnel, emergency managers and public/elected officials within the following disciplines: fire service, law enforcement, emergency management, emergency medical services, hazardous materials, public works, public health, health care, public safety communications, governmental administrative, cyber security, and private security providers. In order to deliver these courses, state and local instructors must be certified to deliver the course by successfully completing ODP train-the-trainer course delivery. Detailed descriptions of ODP courses are included in the ODP CBRNE Training Course Catalog at http://www.ojp.usdoj.gov/odp/docs/coursecatalog.pdf. C. Exercises Exercises conducted with ODP support (grant funds or direct support) must be managed and executed in accordance with the Homeland Security Exercise and Evaluation Program (HSEEP). HSEEP Volumes I-III contain guidance and recommendations for designing, developing, conducting, and evaluating exercises. HSEEP Volumes I-III can be found at ODP's website at http://www.ojp.usdoj.gov/odp/exercises.htm. Volume IV, which Contains sample exercise materials and documents, can be found on ODP's Secure Portal at https:/lodp.esportals.com or http://www.llis.gov. Exercise Scenarios. The scenarios used in SHSGP-funded exercises must be terrorism-related and based on the State or Urban Area Homeland Security Strategy and plans. Acceptable scenarios for exercises include: chemical, biological, radiological, nuclear, explosive, cyber and agricultural. Grantees that need further clarification on scenarios should consult with their State Exercise Manager for assistance and/or approval. Fifteen all-hazards National Planning Scenarios, including 12 terrorism scenarios, have been developed, and will be made available for use in national, federal, state, and local homeland security preparedness activities (See HSPD-8: Nationa/ Preparedness on page 49). Citizen participation in exercises is encouraged to include backfilling non-professional tasks for first responders deployed on exercise, administrative and logistical assistance with exercise implementation, and providing simulated victims, press, and members of the public. Citizên participation in exercises should be coordinated with local Citizen Corps Council(s). If a state or urban area will be hosting an upcOming special event (e.g., Superbowl, G-8 Summit, etc.), or they anticipate that they will apply to be a venue for a future Top Officials (TOPOFF) exercise, they should plan to use SHSP or UASI funding to fund training and·exercise activities in preparation for that event. All tabletop exercises (TTXs), drills, functional exercises (FEs), and full-scale exercises (FSEs) will be evaluated and performance based. An After Action Report (AAR) and Improvement Plan will be prepared and submitted to the State following every TTX, drill, FE, and FSE. AARlIPs must be provided to the State within 30 days following completion of each exercise (see HSEEP Volume 11, Appendix A). D. Management and Administration - no more than 2.5% of each sub-recipient's total award may be expended on Management and Administration costs by the sub-recipients Hiring öf full-time or part-time staff or contractors/consultants: · To assist with the management ofthe FY2005 SHSGP · To assist with design, requirements and the implementation of the FY2005 SHSGP · To assist with the implementation and administration of the State Homeland Security Strategy, as it may relate to the FY2005 SHSGP Hiring of full-time or part-time staff or contractors/consultants and expenses related to: · Meeting compliance reporting/data collection requirements, including data calls Development of operating plans for infonnation collection and processing necessary to respond to DHS/ODP data calls Overtime and backfill costs - Payment of overtime expenses will be for work performed by award (SAA) or sub-award employees in excess of the established work week (usually 40 hours) related to the M&A activities for the development and implementation of the programs under HSGP. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or local unit(s) of government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1 :00 pm to 5:00 pm), 26 even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation. Travel expenses Meeting-related expenses (For a complete list of allowable meeting-related expenses, please review the OJP Financial Guide at http://www.oip.usdoi.aov/FinGuide). Acquisition of authorized office equipment, including: · Personal computers · Laptop computers · Printers · LCD projectors, and · Other equipment or software which may be required to support the implementation of the homeland security strategy The following are allowable only within the period of performance of the contract: · Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc. · Leasing and/or renting of space for newly hired personnel to administer programs within the FY2005 SHSGP E. Unauthorized Expenditures · Expenditures for items such as general-use software (word processing, spreadsheet, graphics, etc.) · General-use computers and related equipment · General-use vehicles · Licensing fees · Weapons systems and ammunition · Construction or renovation of facilities that would have been reasonably necessary due to non-terrorist th reats · Activities unrelated to the completion and implementation of the SHSGP · Other items not in accordance with the Authorized Equipment List or previously listed as allowable costs · Recurring Costs · Funding may not be used to supplant ongoing, routine public safety activities of state and local emergency responders, and may not be used to hire staff for operational activities or backfill. F. Overtime and Backfill Guidance Overtime: Expenses incurred by those personnel who, as a result of ODP-approved activities, are performing over and above their normal, scheduled work hours or work week. Backfill (also called Overtime as Backfill): Expenses incurred by those personnel who are working over and above their normal, scheduled work hours, Or work week, in order to perform the duties of other personnel who are temporarily assigned to ODP-approved activities outside their core responsibilities. The OJP OC does not distinguish between Overtime and Overtime as Backfill - they are both viewed as overtime regardless of whether the individual has performed more hours in their normally assigned place of duty or if the overtime accrued as a result of being re-assigned to a different place of duty. Overtime and backfill do not result in an increase of full-time employees (FTEs). 11. National Preparedness Initiatives Urban Areas are strongly encouraged to pay close attention to the language in these sections in order to stay abreast of initiatives being highlighted by DHS and to comply with associated program requirements. A. National Incident Management System (NIMS) NIMS provides a consistent nationwide approach for federal, state, territorial, tribal, and local governments to work effectively and efficiently together to prepare for, prevent, respond to, and recover from domestic incidents, regardless of cause, size or complexity. Since FY2005 is a critical year for initial NIMS adoption, the Recipient should start now by prioritizing FY2005 preparedness assistance (in accordance with the eligibility and allowable uses of the grant) to facilitate its implementation. 1. Minimum FY2005 NIMS Compliance Requirements · Incorporating NIMS into existing training programs and exercises; · Ensuring that federal preparedness funding supports NIMS implementation (in accordance with the eligibility and allowable uses of the grants); · Incorporating N1MS into emergency operations planning; · Promotion of mutual aid agreements; and, · Institutionalizing the use of the Incident Command System (lCS). 2. Local units of government should support NIMS implementation by: 27 . Having relevant personnel complete the NIMS Awareness Course: "National Incident Management System (NIMS), An Introduction" IS 700. This independent study course is available on-line and will take between forty-five minutes to three hours to complete. The course is available on the Emergency Management Institute web page at: http://trainina.fema.aov/EMlWeb/IS/is700.asp . Formally recognizing NIMS and adopting NIMS principles and policies. The NIC will provide sample language and templates to assist in formally adopting NIMS through legislative and/or executive/administrative means. . Establish a NIMS baseline by determining which NIMS requirements are already satisfied. The NIC is developing a web-based self-assessment system, the NIMS Capability Assessment Support Tool (NIMCAST) to evaluate their incident response and management capabilities. The NIC is currently piloting the NIMCAST with a limited number of states. Upon completion of the pilot, the NIC will provide all potential future users with voluntary access to the system. Additional information about the NIMCAST tool will be provided later this year. . Establishing a timeframe and developing a strategy for full NIMS implementation. Transit systems are encouraged to achieve full NIMS implementation during FY 2005. To the extent that full implementation is not possibie during FY 2005, federal preparedness assistance must be leveraged to complete NIMS implementation in FY 2006. By FY 2007, federal preparedness assistance will be conditioned upon full compliance with NIMS. . Institutionalizing the use of the ICS. Transit systems that are not already using ICS, must institutionalize the use of ICS (consistent with the concepts and principles taught by DHS) across the entire response system. 3. FY 2006 and FY 2007 Requirements In order for the Division to receive FY2006 preparedness funding, the minimum FY2005 compliance requirements described above must be met. Additional information about NIMS compliance and resources for achieving compliance will be forthcoming from the NIC. The NIC web page, http://www.fema.aov/nims, will be updated regularly with NIMS information and implementation guidance. III. Reporting Requirements A. Semi-Annual Proarammatic Reportina: The Semi-Annual Programmatic Report is due within 15 days after the end of the reporting periods (June 30 and December 31) for the life of this contract. If a report(s) is delinquent, future financial reimbursements will be withheld until the Recipient's reporting is current. Pro Re ortin Period Re ort due to OEM no later than Jul 15 Janua 15 Proarammatic Reportina: Information to Report On After the end of each reporting period, for the life of the contract, the Division will provide a Biannual Strategy and Implementation Report worksheet to the Recipient Point of Contact listed in this contract. This worksheet will contain all of the information that the Recipient needs to report on. The Recipient is to complete this worksheet in its entirety and em ail the finished product to the programmatic contact listed below. The first worksheet will be available after the July 1 - December 31, 2005 reporting period. 1. Planning - the Division reserves the option to request access to any document, as described below, at anytime during the contract period. . If the Recipient chooses to enhance/develop a plan, parts of a plan, SOP/SOG, or other documentation then, the Division will require the review of a draft copy of this document for NIMS compliance. The Division will only be making recommendations. 28 · If the Recipient chooses to enhance/develop a mutual aid agreement, the Division will require a copy of said agreement. · If the Recipient chooses to enhance/develop a GIS database product, the Division will require access to the layer or database. · If the Recipient chooses to enhance/develop public information related materials, the Division will require a copy of said materials. · If the Recipient chooses to participate in a Domestic Security related meeting or conference, the Division will require a copy of the agenda prior to the meeting and a roster afte'rthe meeting. · If the Recipient chooses to conduct an assessment, we will require a copy ofthe completed assessment. Since these are secure documents, they should be submitted on CD. 2. Training . If the Recipient chooses to conduct training, the Division will require the title of coLirse, instructor's name and a list of attendees prior to course delivery. After the course has been delivered, the Division will require a roster of actual participants. 3. Exercises . If the Recipient chooses to conduct an exercise, an After Action Report should be submitted to the Division no later than thirty (30) days after the conclusion of the exercise. C. Reimbursement Reauests: An invoice or purchase order must accompany each request for reimbursement. A request for reimbursement may be senno.your contract manager for review and approval at anytime during the contract period. D. Close-out Proarammatic Reportina: The Close-out Report is due to the Florida Division of Emergency Management no later than 60 days after the contract is e~ther completed or the contract has expired. IV. Points of Contact Contractual Point of Contact Programmatic Point of Contact Chanda Brown Farrah Gosford FDEM FDEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd. I~,~~~~~s~":~!1!:~ 32399-2100 Tallahassee, FL 32399-2100 ~ªª.Dfu~9II (850) 413-9974 Chanda.browntmdca .state.fl. us Farrah .aosfordlñ>dca.state.fl. us 29 Attachment B Program Statutes and Regulations 1) 53 Federal Register 8034 2) Federal Acquisition Regulations 31.2 and 031.2 3) Section 1352, Title 31. US Code 30 Attachment C JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is requested, budget data on which the request is based must be submitted. Any advance payment . under this Agreement is subject to s. 216.181(16)(a)(b), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the recipient within the initial three months. [ ] NO ADVANCE REQUESTED [ ] ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required. Advance payment of$ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment.' We would not be able to operate the program without this advance. ADVANCE REQUEST WORKSHEET If you are requesting an advance, complete the following worksheet (A) (B) (C) (D) FFY 2002 FFY 2003 FFY 2004 Total DESCRIPTION 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES 1 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 by line 1.) . First three months expenditures need only be provided for the years m which you requested an advance. If you do not have this information, call your consultant and they will assist you. MAXIMUM ADVANCE ALLOWED CALULATION: X $ = Cell D3 DCA Award MAXIMUM o not include any match) ADVANCE REQUEST FOR WAIVER OF CALCULATED MAXIMUM [ ] Recipient has no previous DCA contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. 31 ESTIMATED EXPENSES BUDGET CATEGORY 2004-2005 Anticipated Expenditures for First Three Months of Contract ADMIN1STRATIVE COSTS (Include Secondary Administration.) - PROGRAM EXPENSES TOTAL EXPENSES . . . ExplanatlOn of CIrcumstances. 32 Attachment D Warranties and Representations Financial Manaqement Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or progra.m (2) Records that identify adequately the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures for determining the reasonableness, allocability and allowability of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (6) Accounting records, including cost accounting records that are supported by source documentation. Competition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of Work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer; or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. 33 Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from 8arn to 4pm. Monday through Friday. LicensinQ and Permittinq All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 34 Attachment E Contractor Covered Transactions (1) The prospective contractor of the Recipient, ' certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. CONTRACTOR: By: Signature Recipient's Name DCA Contract Number Name and Title Street Address City, State, Zip Date 35 Attachment F Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMS Circulars No. A-21 , A-110, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted project. Also the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally- assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities· of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et seq.) 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is. or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by_ the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8: It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved 36 December 31,1976, Section 102(a) requires, on and after March 2,1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" i!1c1udes any form of loan, grant, guaranty, insurance payment, rebate, su.bsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will-ass isH he Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeotogical and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Histo~ic Preservation Officer on the conduct of Investigations, as necessary, to iden,tify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable prov.isions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M71 00.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23,. Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implem~nting the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title·1I of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 37 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 38 AGENDA REQUEST ITEM NO. C5b ~.":"'f·"r2Yi¥=FC.'.'.'.'.'.~.'. - .-"'" ,....-,-.:,.......,.',....'...'-..'-".,..,.-...... DATE: October 10, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMnTED BY{DEPT): PUBLIC SAFETY . JACK T. SOUTHARD PUBLIC SAFETY DIRECTOR SUBJECT: Accept the State of Florida, Domestic Security Federally Funded Sub-grant Agreement #07DS-5N-IO-66-01- in the amount of $41,944.00. This agreement begins July 1, 2006 and shall end January 31, 2008. BACKGROUND: FUNDS WILL BE AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends the Board of County Commissioners accept State of Florida Domestic Security Federally Funded Sub- grant Agreement #07DS-5N-I0-66-01 in the amount of $41,944.00. COMMISSION ACTION: 00 APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: V'''¡n~nrç,~ tr'h Review and ADDrovals Management & Budget tZwB Other: d~ .~ Purchasing: County Attorney: Origlnatlng Other: ;:!r.-nì -1 ("";:¡h-¡ r-. Pf'; ·~/qr 8t;. Lucie Count;y Department; of Pub~ic Safet;y Division of Emergency Management; MEMORANDUM TO: Board of County Commissioners FROM: Jack T. Southard, Public Safety Director DATE: September 30, 2006 REF: State of Florida Domestic Secuñty Federally Funded Sub-grant Agreement #07DS-SN-l0-66-01 Just like agenda item C5a, the purpose of this State of Florida Domestic Security Federally funded Sub-grant is for local planning, exercise, and training for homeland security, with the exception this agreement extends further. This agreement shall begin July 1, 2006 or upon execution of the agreement by both parties and shall end January 31, 2008 Therefore, Staff recommends the Board of County Commissioners approve State of Florida Domestic Security Federally Funded Sub-grant Agreement #07DS-5N-10-66-01. JTS/mgp Contract Number: 07DS-5N-10-66-01- CFDA Number: 97.067 FEDERALLY-FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and St. Lucie County Emergency Management, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOllOWING REPRESENTATIONS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. WHEREAS, the Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Division has authority pursuant to Florida lawJo disburse the funds under this Agreement. NOW, THEREFORE, the Division and the Recipient do mutually agree as follows: (1) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS. RULES. REGULATIONS AND POLICIES Both the Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin July 1, 2006 and shall end January 31, 2008, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. 1 (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal ACommon Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMS Circular No. A-87 , "Cost Principles for State and Local Governments," OMB Circular No. A-21 , "Cost Principles for Educational Institutions," or OMS Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from funds provided under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Division designee, Chief Financial Officer, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Division the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. 2 · (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including supporting documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Division. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Division. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department of Community Affairs and/or the Division with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through the Division by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards. The determination of amounts of Federal awards expended should be in accordance with the guidelines 3 established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (Le., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directlv to each of the following: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 an electronic copy shall also be submitted to the above office at the following address: aurilla. parrish@dca.state.fl.us and Division of Emergency Management Bureau of Compliance Planning and Support 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 4 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 an electronic copy shall also be submitted to the above office at the following address: au rilla. parrish@dca.state.fI.us and Division of Emergency Management Bureau of Compliance Planning and Support 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other information required to be submitted to the Department and the Division pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. (h) Recipients, when submitting financial reporting packages to the Department and the Division for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (i) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department or the Division has notified the Recipient of such non-compliance. U) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under 5 Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Department and the Division no later than seven (7) months from the end of the Recipient's fiscal year. (7) REPORTS (a) At a minimum, the Recipient shall provide the Division with quarterly reports, and with a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to such other information as requested by the Division. (b) Quarterly reports are due to be received by the Division no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 3Q, September 30 and December 31. (c) The close-out report is due 60 days after termination of this Agreement or upon completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies, prescribed above, are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work, Attachment A. (e) TheR,ecipient shall provide such additional program updates, reports or information as may be required by the Division. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors, subrecipients and consultants who are paid from funds provided under this Agreement, to ensure that time schedules are met, the Budget and Scope of Work, Attachment A is accomplished within the specified time periods, and other performance goals stated in this Agreement are achieved. Such 6 review shall be made for each function or activity set forth in the Budget and Scope of Work, Attachment A to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above), monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its negligent acts or omissions or tortious acts which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. 7 (10) DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make any further payment of funds hereunder shall, if the Division so elects, terminate and the Division may, at its option, exercise any of its remedies set forth in Paragraph (11), but the Division may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Division shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in this Agreement or any previous agreement with the Division and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; (b) If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under this Agreement. (11) REMEDIES. Upon the happening of an Event of Default, then the Division may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to cure within said thirty (30) day period, exercise anyone or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (13) herein; 8 (b) Commence an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Exercise any corrective or remedial actions, to include but not be limited to: 1. requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. requiring the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; (e) Require that the Recipient return to the Division any funds which were used for ineligible purposes under the program laws, rules and regulations governing the use of funds under this program. (f) Exercise any other rights or remedies which may be otherwise available under law. (g) The pursuit of anyone of the above remedies shall not preclude the Division from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the Division of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Division hereunder, . or affect the subsequent exercise of the same right or remedy by the Division for any further or subsequent default by the Recipient. (12) TERMINATION. (a) The Division may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. 9 (b) The Division may terminate this Agreement when it determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after the date of receipt of notice of the termination will be disallowed. Notwithstanding the above, the Recipient shall not be relieved of liability to the Division by virtue of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Division from the Recipient is determined. (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Division contract manager for this Agreement is: Carolyn Washington, Community Assistance Consultant Division of Emergency Management Finance and Logistics, Grants Section 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850) 410-1271 Fax: (850) 488-7842 Email: carolvn.washinqton@dca.state.fI.us (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Telephone: Fax: Email: 10 (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval prior to execution of the subcontract by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of thjs Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Each subcontractor's progress in performing its work under this Agreement shall be documented in the quarterly report submitted by the Recipient. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority vendor. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent of such conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources ¡ Attachment A - Budget and Scope of Work Attachment B - Program Statutes and Regulations Attachment C - Justification of Advance Attachment 0 - Warranties and Representations 11 Attachment E - Certification Regarding Debarment Attachment F - Assurances (17) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $41,944 subject to the availability of funds. (b) Any advance payment under this Agreement is subject to Section 216.181 (16), Fla. Stat. , and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment C. Attachment C will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1. No advance payment is requested. 2. An advance payment of $ is requested. (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by Congress, the State Legislature, the Office of the Chief Financial Officer, the State Office of Planning and Budgeting or the Federal Office of Management and Budgeting, all obligations on the part of the Division to make any further payment of funds hereunder shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receipt of notice from the Division. 12 (18) REPAYMENTS All refunds or repayments to be made to the Division under this Agreement are to be made payable to the order of "Department of Community Affairs" and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (19) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla. Stat., the Division shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Division paying interest at a rate as established pursuant to Section 55.03(1) Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 413-5516. (20) STANDARD CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any subsequent submission or response to Division request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. 13 (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, anyone of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act(Public Law 101-336,42 U.S.C. Section 12101 et seo.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) With respect to any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, by signing this Agreement, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 14 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 20(h)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal,. state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall submit to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment D) for each prospective subcontractor which Recipient intends to fund under this Agreement. Such form must be received by the Division prior to the Recipient entering into a contract with any prospective subcontractor. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. U) I f otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (k) The Division reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the 15 provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (I) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. (m) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat. ) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All such meetings shall be publicly noticed, open to the public, and the minutes of all such meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. (21) LOBBYING PROHIBITION (a) No funds or other resources received from the Division in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. 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 16 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. (22) COPYRIGHT. PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. 17 (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Division for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (23) LEGAL AUTHORIZATION. The Recipient certifies with respect to this Agreement that it possesses the legal àuthority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (24) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment F. 18 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. RECIPIENT: ST. LUCIE COUNTY EMERGENCY MANAGEMENT BY: Name and title: Date: SAMAS # FID# STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT BY: Name and Title: W. Craiq Fuqate. Director of the Division of Emerqency Manaqement Date: 19 EXHIBIT 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) - CFDA #97.067 $41,944 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shoWn below. Federal Program: List applicable compliance requirements as follows: 1. Recipient is to use funding to perform eligible activities as identified in the Office of Grants and Training Fiscal Year 2006-07 State Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Strategy. 2. Recipient is subject to all administrative and financial requirements or will be in violation with the terms of the agreement. NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the language may state that the recipient must comply with a specific law(s), rule (s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. NOTE: Section AOO(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 20 Attachment A Proposed Program Budget Below is a general budget which outlines eligible categories and their allocation under this award. The Recipient is to utilize the "Proposed Program Budget" as a guide for completing the "Budget Detail Worksheet" below. .- .- .. No more than 3% of the total award may be expended on Management and Administration costs by the Recipient. At the discretion of the Recipient, funds allocated to Management and Administration (as described in the "Proposed Program Budget") may be put towards Programmatic costs instead. The transfer of funds between planning, training, exercises and management & administration is permitted, for this contract only, whereas management & administration costs do not exceed 3% of the Recipient's total award. State Homeland Security Grant Program - Issue 06 St. Lucie County Emergency Management Planning Training Exercises $40,723 , . . 59a Management and Administration (the dollar amount which corresponds to 3% of the total local agency allocation is shown in the column on the right. (Only 3% of line 59a can be allocated for each line item) $1,221 21 Budget Detail Worksheet The Recipient is required to provide a completed budget detail worksheet, to the Division, which accounts for the total award for issue 06 as described in the "Proposed Program Budgef. If any changes need to be made to the "Budget Detail Worksheet", after the execution of this contract, contact the contract manager listed in this contract via email or letter. Budget Detail Worksheet #06 - Eligible Activities ~~:==~~:;=::~-~?~ -- ~~- p=~~--=--- ~""==*''7=¡-'" "'-:: ~ ~ -:~~ --- ~"a~--:==~~,,:;=~~"'~Ir:~;~'YP 'i!m1im.{t§JNõ.'~j~n£~ìl¡¡,i'!!-y.1,4t: "" . > b., ,,·»p·j¡¡l'b' ,,'"hI ¡3-1'J;;;l '¥"'0¡¡,&5~.Jv~:s.¿¡¡i' ð.:.1>"ci';,,~à :??@:~".( ~ 0f~ '^:{:~Y/o ,,~-:f$fi~w~w> f:;;.;» " '~~? Q "" ., >01.£ "<h h " ~ - 0 '1" '¡¡¡iff :> ~;; n; ~,,'~ ~ ,,"\ «'~~"c« " ,;>: 4N?imdllllif ^2~,*->llilli::~" ¿j Public Education/Outreach Develop and implement homeland security support programs and adopt ongoing DHS national initiatives Develop and enhance plans and protocols Develop or conduct assessments Establish, enhance, or evaluate Citizen Corps-related volunteer programs Hiring of full or part-time staff or contractors/consultants to assist with planning activities (not for the purpose of hiring public safety personnel fulfilling traditional public safety duties) Conferences to facilitate planning activities Materials required to conduct planning activities Travel/per diem related to planning activities Overtime and backfill costs - Payment of overtime expenses will be for work perfonned by award (SAA) or sub-award employees in excess of the established work week (usually 40 hours) related to the planning activities for the development and implementation of the programs under HSGP. Grantees may also use G&T grant funds to cover overtime and backfill expenses for part-time and volunteer emergency response personnel artici atin in G&T trainin . Training Workshops and Conferences - Grant funds may be used to plan and conduct training workshops or conferences to include costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and training plan development. Full or Part-Time Staff or Contractors/Consultants - Full or part-time staff may be hired to support training-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unites) of government and have the approval of the state or the awarding agency, whichever is applicable. The services of contractors/consultants may also be procured by the state in the design, development, conduct, and evaluation of CBRNE training. The applicant's fonnal written procurement policy or the Federal Acquisition Regulations (FAR) must be followed. 22 Travel - Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the training project(s) or for attending OGT-sponsored courses. These costs must be in accordance with state law as highlighted in the OJP Financial Guide. States must also follow state regulations regarding travel. If a state or territory does not have a travel policy they must follow federal guidelines and rates, as explained in the OJP Financial Guide. For further information on federal law pertaining to travel costs please refer to http://www.ojp.usdoj.gov/FinGuide. Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the training project(s} (e.g., copying paper, gloves, tape, and rion-sterile masks). Other Items - These còsts include the rental of space/locations for planning and conducting training, badges, etc. Exercise Planning Workshop - Grant funds may be used to plan and conduct an Exercise Planning Workshop to include costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplíes, travel and exercise plan development. Full or Part-Time Staff or Contractors/Consultants - Full or part-time staff may be hired to support exercise-related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or local unit(s} of government and have the approval of the state or the awarding agency, whichever is applicable. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of CBRNE exercises. The applicant's formal written procurement policy or the Federal Acquisition Regulations (FAR) must be followed. - Overtime and backfill costs - Overtime and backfill costs associated with the design, development and conduct of CBRNE exercises are allowable expenses. Grantees may also use G&T grant funds to cover overtime and backfill expenses for part-time and volunteer emergency response personnel participating in G&T exercises. Travel - Travel costs (i.e., airfare, mileage, per diem, hotel, etc.) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise project(s}. These costs must be in accordance with state law as highlighted in the OJP Financial Guide. States must also follow state regulations regarding travel. If a state or territory does not have a travel policy they must follow federal guidelines and rates, as explained in the OJP Financial Guide. For further information on federal law pertaining to travel costs please refer to http://www.ojp.usdoj.gov/FinGuide. Supplies - Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise project(s) (e.g., copying paper, gloves, tape, non-sterile masks, and disposable protective equipment). Other Items - These costs include the rental of spacellocations for exercise planning and conduct, exercise signs, badges, etc. The scenarios used in SHSGP funded exercises must be terrorism-related and based on the State Homeland Security Strategy and plans. Acceptable scenarios for exercises include: chemical, biological, radiological, nuclear, explosive, cyber and agricultural. A state or local jurisdiction that conducts an exercise using SHSGP funds must follow the HSEEP doctrine and protocols located at httD://www.oiD.usdoi.aov/odDlexercises.htm#hseeD. 23 Hiring of full-time or part-time staff or contractors/consultants: 4, To assist with the management of the FY2006 SHSGP .. To assist with design, requirements and the implementation of the FY2006 SHSGP .;¡. To assist with the implementation and administration of the State Homeland Security Strategy, as it may relate to the FY2006 SHSGP Hiring of full-time or part-time staff or contractors/consultants and expenses related to: ,;. HSGP pre-application submission management activities and application requirements. 4. Meeting compliance with reporting/data collection requirements, including data calls. Development of operating plans for infonnation collection and processing necessary to respond to DHS/OGT data calls. Overtime and backfill costs - Overtime expenses are defined as the result of personnel who worked over and above their nonnal scheduled daily or weekly worked time in the performance of G& T - approved activities. Backfill Costs also called "Overtime as Backfill" are defined as expenses from the result of personnel who are working overtime in order to perfonn the duties of other .personnel who are temporarily assigned to G& T - approved activities outside their core responsibilities. Neither overtime nor backfill expenses are the result of an increase of Full- Time Equivalent (FTEs) employees. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1 :00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Com ensation. Travel expenses Meeting-related expenses (For a complete list of allowable meeting- related expenses, please review the OJP Financial Guide at htlp://WW'N.ojp. usdoj.gov/FinGuide). Acquisition of authorized office equipment, including personal computers, laptop computers, printers, LCD projectors, and other equipment or software which may be required to support the implementation of the homeland security strategy. The following are allowable only within the contract period: '* Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc. ,;. Leasing and/or renting of space for newly hired personnel to administer programs within FY06 SHSGP. 24 Scope of Work Funding is provided to perform eligible activities as identified in the Office of Grants and Training Fiscal Year 2006 State Homeland Security Grant Program (SHSGP), consistent with the Department of Homeland Security State Strategy. Eligible activities are outlined in the Scope of Work for each category below: I. Categories and Eligible Activities 06. Planning, Training and Exercises for Local and Regional Efforts FY2006 SHSGP, Issue 06, allowable costs are divided into the following categories: planning, training and exercises. In addition, management and administration costs are also allowable. Management and administration costs may not exceed 3% of the Recipient's total award. A. Planning Developing and implementing homeland security support programs and adopting DHS national initiatives including but not limited to the following: Costs associated with implementing the National Preparedness Goal and Guidance Costs associated with implementing and adopting NIMS Costs associated with modifying existing incident management and EOPs to ensure proper alignment with the NRP coordinating structures, processes, and Establishing or enhancing mutual aid agreements Developing communications and interoperability protocols and solutions Conducting local, regional, and tribal program implementation meetings Developing or updating resource inventory assets in accordance to typed resource definitions issued by the NIC Designing state and local geospatial data systems Developing related critical infrastructure terrorism prevention activities including: o Planning to enhance security during heightened alerts, during terrorist incidents, and/or during mitigation and recovery o Public information/education: printed and electronic materials, public service announcements, seminars/town hall meetings, web postings coordinated through local Citizen Corps Councils o Citizen Corps activities in communities surrounding critical infrastructure sites, including Neighborhood Watch, VIPS, and other opportunities for citizen participation o Evaluating CIP security equipment and/or personnel requirements to protect and secure sites o CIP cost assessments, including resources (financial, personnel, etc.) required for security enhancements/deployments. Developing related terrorism prevention activities including, including but not limited to the following: · Planning to enhance security during heightened alerts, during terrorist incidents, · and/or during mitigation and recovery. · Multi-discipline preparation across first responder community, including EMS for · response to catastrophic events and acts of terrorism. · Public information/education: printed and electronic materials, public service · announcements, seminars/town hall meetings, web postings coordinated through 25 · local Citizen Corps Councils. · Citizen Corps volunteer programs and other activities to strengthen citizen · participation. · Conducting public education campaigns, including promoting individual, family · and business emergency preparedness; promoting the Ready campaign; and/or · creating State, regional or local emergency preparedness efforts that build upon · the Ready campaign. · Evaluating CIP security equipment and/or personnel requirements to protect and · secure sites. · ClP cost assessments, including resources (e.g., financial, personnel) required for · security enhancements/deployments. Developing and enhancing plans and protocols, including but not limited to: · Developing or enhancing EOPs and operating procedures. · Developing terrorism prevention/deterrence plans. · Developing plans, procedures, and requirements for the management of infrastructure and resources related to HSGP and implementation of State or Urban Area Homeland Security Strategies. · Developing or enhancing border security plans. · Developing or enhancing cyber security plans. · Developing or enhancing cyber risk mitigation plans. · Developing or enhancing agriculture/food security risk mitigation, response, and recovery plans. · Developing public/private sector partnership emergency response, assessment, and resource sharing plans. · Developing or updating local or regional communications plans. · Developing plans to support and assist special needs jurisdictions, such as port · authorities and rail and mass transit agencies. · Developing or enhancing continuity of operations and continuity of government Plans. · Developing or enhancing existing catastrophic incident response and recovery plans to include and integrate Federal assets provided under the NRP. · Developing or enhancing evacuation plans. · Developing or enhancing citizen surge capacity. Developing or conducting assessments, including but not limited to: · Conducting point vulnerability assessments at critical infrastructure sites/key assets and develop remediation/security plans. · Conducting cyber risk and vulnerability assessments. · Conducting assessments and exercising existing catastrophic incident response and recovery plans and capabilities to identify critical gaps that cannot be met by existing local and State resources. · Activities that directly support the identification of specific catastrophic incident priority response and recovery projected needs across disciplines (e.g. law enforcement, fire, EMS, public health, behavioral health, public works, agriculture, information technology, and citizen preparedness). · Activities that directly support the identification of pre-designated temporary housing sites. 26 B. Training FY 2006 SHSP funds may be used to enhance the capabilities of State and local emergency preparedness and response personnel through development of a State homeland security training program. Allowable training-related costs include: 1. Establishment of support for, conduct of, and attendance at preparedness training programs within existing training academies/institutions, universities, or junior colleges. Preparedness training programs are defined as those programs related to prevention, protection, response, and or recovery from natural, technical, or man made catastrophic incidents, supporting one or more Target Capabilities in alignment with national priorities as stated in the Goal. Examples of such programs include but are not limited to CBRNE terrorism, critical infrastructure protection, cyber security, and citizen preparedness. 2. Overtime and backfill costs associated with attendance at G& T -sponsored and approved training courses. SHSP may also be used for training citizens in awareness, prevention, protection, response, recovery skills C. Exercises SHSP funds may be used to design, develop, conduct, and evaluate exercises that: · Provide homeland security preparedness personnel and volunteers a venue to practice prevention, protection, response, and recovery activities. · Evaluate prevention and response plans, policy, procedures, and protocols, including NIMS and NRP. · Assess the readiness of jurisdictions to prevent and respond to terrorist attacks. · Encourage coordination with surrounding jurisdictions in prevention, protection, response, and recovery activities. · Exercises conducted with OGT support (grant funds or direct support) must be managed and executed in accordance with the Homeland Security Exercise and Evaluation Program (HSEEP). HSEEP Volumes I-III contain guidance and recommendations for designing, developing, conducting, and evaluating exercises. HSEEP Volumes I-III can be found at OGT's website at http://www.ojp.usdoj.gov/odp/exercises.htm. Volume IV, which contains sample exercise materials and documents, can be found on OGT's Secure Portal at https:/lodp.esportals.com or http://www.llis.gov. Exercise Scenarios. The scenarios used in SHSGP-funded exercises must be terrorism- related and based on the State or Urban Area Homeland Security Strategy and plans. Acceptable scenarios for exercises include: chemical, biological, radiological, nuclear, explosive, cyber and agricultural. Grantees that need further clarification on scenarios should consult with their State Exercise Manager for assistance and/or approval. Fifteen all-hazards National Planning Scenarios, including 12 terrorism scenarios, have been developed, and will be made available for use in national, federal, state, and local homeland security preparedness activities (See HSPD-8: National Preparedness on page 49). Citizen participation in exercises is encouraged to include backfilling non- professional tasks for first responders deployed on exercise, administrative and logistical assistance with exercise implementation, and providing simulated victims, press, and members of the public. Citizen participation in exercises should be coordinated with local Citizen Corps Council(s). If a state or urban area will be hosting an upcoming special event (e.g., Superbowl, G-8 Summit, etc.), or they anticipate that they will apply to be a venue for a future Top Officials (TOPOFF) exercise, they should plan to use SHSP or UASI funding to fund training and exercise activities in preparation for that event. All tabletop exercises (TTXs), drills, functional exercises (FEs), and full-scale exercises (FSEs) will be evaluated and performance based. An After Action Report (AAR) and Improvement Plan will be prepared and submitted to the State following every TTX, drill, 27 FE, and FSE. AARlIPs must be provided to the State within 30 days following completion of each exercise (see HSEEP Volume II, Appendix A). D. Management and Administration - no more than 3% of each sub-recipient's total award may be expended on Management and Administration costs by the sub-recipients Hiring of full-time or part-time staff or contractors/consultants: · To assist with the management of the FY2006 SHSGP · To assist with design, requirements and the implementation of the FY2006 SHSGP · To assist with the implementation and administration of the State Homeland Security Strategy, as it may relate to the FY2006 SHSGP Hiring of full-time or part-time staff or contractors/consultants and expenses related to: · Meeting compliance reporting/data collection requirements, including data calls Development of operating plans for information collection and processing necessary to respond to DHS/OGT data calls Overtime and backfill costs - Overtime expenses are defined as the result of personnel who worked over and above their normal scheduled daily or weekly worked time in the performance of G&T - approved activities. Backfill Costs also called "Overtime as Backfill" are defined as expenses from the result of personnel who are working overtime in order to perform the duties of other personnel who are temporarily assigned to G&T- approved activities outside their core responsibilities. Neither overtime nor backfill expenses are the result of an increase of Full- Time Equivalent (FTEs) employees. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or the awarding agency, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 pm to 5:00 pm), even though such work may benefit both activities. Fringe benefits on overtime hours are limited to Federal Insurance Contributions Act (FICA), Workers' Compensation and Unemployment Compensation. Travel expenses Meeting-related expenses (For a complete list of allowable meeting-related expenses, please review the OJP Financial Guide at http://www.oip.usdoi.qov/FinGuide). Acquisition of authorized office equipment, including: · Personal computers · Laptop computers · Printers · LCD projectors, and · Other equipment or software which may be required to support the implementation of the homeland security strategy The following are allowable only within the period of performance of the contract: · Recurring fees/charges associated with certain equipment, such as cell phones, faxes, etc. · Leasing and/or renting of space for newly hired personnel to administer programs within the FY2006 SHSGP 28 E. · · · · · · · · · · Unauthorized Expenditures Expenditures for items such as general-use software (word processing, spreadsheet, graphics, etc.) General-use computers and related equipment General-use vehicles Licensing fees Weapons systems and ammunition Construction or renovation of facilities that would have been reasonably necessary due to non-terrorist threats Activities unrelated to the completion and implementation of the SHSGP Other items not in accordance with the Authorized Equipment List or previously listed as allowable costs Recurring Costs Funding may not be used to supplant ongoing, routine public safety activities of state and local emergency responders, and may not be used to hire staff for operational activities or backfill. F. Overtime and Backfill Guidance Overtime: Expenses incurred by those personnel who, as a result of G&T-approved activities, are performing over and above their normal, scheduled work hours or work week. Backfill (also called Overtime as Backfill): Expenses incurred by those personnel who are working over and above their normal, scheduled work hours, or work week, in order to perform the duties of other personnel who are temporarily assigned to G& T -approved activities outside their core responsibilities. The OJP OC does not distinguish between Overtime and Overtime as Backfill - they are both viewed as overtime regardless of whether the individual has performed more hours in their normally assigned place of duty or if the overtime accrued as a result of being re-assigned to a different place of duty. Overtime and backfill do not result in an increase of full-time employees (FTEs). II. National Preparedness Initiatives Urban Areas are strongly encouraged to pay close attention to the language in these sections in order to stay abreast of initiatives being highlighted by DHS and to comply with associated program requirements. A. National Incident Management System (NIMS) NIMS provides a consistent nationwide approach for federal, state, territorial, tribal, and local governments to work effectively and efficiently together to prepare for, prevent, respond to, and recover from domestic incidents, regardless of cause, size or complexity. Since FY2006 is a critical year for initial NIMS adoption, the Recipient should start now by prioritizing FY2006 preparedness assistance (in accordance with the eligibility and allowable uses of the grant) to facilitate its implementation. 1. Minimum FY2006 NIMS Compliance Requirements · Incorporating NIMS into existing training programs and exercises; · Ensuring that federal preparedness funding supports NIMS implementation (in accordance with the eligibility and allowable uses of the grants); · Incorporating NIMS into emergency operations planning; · Promotion of mutual aid agreements; and, · Institutionalizing the use of the Incident Command System (ICS). 29 2. Local units of government should support NIMS implementation by: · Having relevant personnel complete the NIMS Awareness Course: These independent study courses are available on-line and will take between forty-five minutes to three hours to complete. The course is available on the Emergency Management Institute web page at: http://trainina.fema.aov · Formally recognizing NIMS and adopting NIMS principles and policies. The NIC will provide sample language and templates to assist in formally adopting NIMS through legislative and/or executive/administrative means. · Establish a NIMS baseline by determining which NIMS requirements are already satisfied. The NIC is developing a web-based self-assessment system, the NIMS Capability Assessment Support Tool (NIMCAST) to evaluate their incident response and management capabilities. The NIC is currently piloting the NIMCAST with a limited number of states. Upon completion of the pilot, the NIC will provide all potential future users with voluntary access to the system. 3. FY 2006 and FY 2007 Requirements In order for the State to receive FY2006 preparedness funding, the compliance requirements described above must be met. Additional information about NIMS compliance and resources for achieving compliance will be forthcoming from the NIC. The NIC web page, http://www.fema.Qov/nims, witl be updated regularly with NIMS information and implementation guidance. Note: All FY 2006 Homeland Security Grant Program Grant Guidance can be found at http://www.oip.usdoi.aov/odp/docs/fv2006hsap.pdf B. Monitorina: Florida Division of Emergency Management US Department of Homeland Security Grants Program Grant Monitoring Process Florida has enhanced the state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds. As the steward of the State Homeland Security Grant Program funds, projects and equipment the Florida Division of Emergency Management (FDEM) has a responsibility to track and monitor the status of the grant activity and items purchased or developed. The monitoring process detailed in this document is designed to assess a recipient agency's compliance with applicable state and federal guidelines. The FDEM is responsible for monitoring the programmatic and capability portion of the grant to include equipment procurement and compliance with applicable DHS grant guidance. Monitoring is accomplished utilizing various methods including desk monitoring and site visits. There are two primary areas reviewed during monitoring activities - financial and programmatic/capability. Financial monitoring is the review of records associated with the purchase and disposition of property, projects and contracts. Capability review is the observation of equipment purchased, protocols and other associated records. 30 Various levels of financial and programmatic review may be accomplished during this process. Desk monitoring is defined as the review of projects, financial activity and technical assistance between the program office and the applicant via e-mail and telephone. Site visits are defined as actual visits to the recipient agency's location by a team or members of FDEM or their designee, to actually observe records, procedures and equipment. For Planning the Division reserves the option to request access to any document, as described below, at anytime during the contract period: · If the Recipient chooses to enhance/develop a plan, parts of a plan, SOP/SOG, or other documentation then, the Division will require the review of a draft copy of this document for NIMS compliance. The Division will only be making recommendations. · If the Recipient chooses to enhance/develop a mutual aid agreement, the Division will require a copy of said agreement. · If the Recipient chooses to enhance/develop a GIS database product, the Divisionwill require access to the layer or database. · If the Recipient chooses to enhance/develop public information related materials, the Division will require a copy of said materials. · If the Recipient chooses to participate in a Domestic Security related meeting or conference, the Division will require a copy of the agenda prior to the meeting and a roster after the meeting. · If the Recipient chooses to conduct an assessment, we will require a copy of the completed assessment. Since these are secure documents, they should be submitted on CD. For Training the Division reserves the option to request access to any document, as described below, at anytime during the contract period: . If the Recipient chooses to conduct training, the Division will require the title of course, instructor's name and a list of attendees prior to course delivery. After the course has been delivered, the Division will require a roster of actual participants. For Exercise the Division reserves the option to request access to any document, as described below, at anytime during the contract period: . If the Recipient chooses to conduct an exercise, an After Action Report should be submitted to the Division no later than thirty (30) days after the conclusion of the exercise. . Participating in exercises will count towards the site visits. Site Visit Once FDEM personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site visit and the items FDEM intends to examine will be identified. If financial monitoring visit will be conducted, they will then explain their objectives and will proceed to perform the financial review. FDEM personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, FDEM personnel may request copy of plans and/or procedures or participate in training or exercises. 31 Other programmatic issues can be discussed at this time, such as missing quarterly reports, payment voucher/reimbursement, equipment, questions, etc. Post Site Visit FDEM personnel will review the site visit worksheet as a team and receive notes from the Financial Review Team, if applicable. Within 15 days of the site visit, a monitoring report will be generated and sent to the grantee explaining any citations and corrective actions or recommendations. The Site Visit Worksheet and reports will then be included in the grantee's file along with any documents distributed at the site visit by the grantee. III. Reporting Requirements A. Quarterlv Proarammatic Reportina: The Quarterly Programmatic Report is due within 30 days after the end of the reporting periods (March 31, June 30, September 30 and December 31) for the life of this contract. If a report(s) is delinquent, future financial reimbursements will be withheld until the Recipient's reporting is current. Pro Re ort due to DEM no later than Janua A ril30 Jul 31 October 31 October 1 throu h December 31 Janua 31 Proarammatic Reportina: Information to Report On After the end of each reporting period, for the life of the contract, the Division will provide a Biannual Strategy and Implementation Report worksheet to the Recipient Point of Contact listed in this contract. This worksheet will contain all of the information that the Recipient needs to report on. The Recipient is to complete this worksheet in its entirety and email the finished product to the programmatic contact listed below. The first worksheet will be available after the July 1 - September 30, 2006 reporting period. B. Reimbursement Reauests: A request for reimbursement may be sent to your contract manager for review and approval at anytime during the contract period. The Recipient should include the category's corresponding line item number in the "Detail of Claims" form. This number can be found in the "Proposed Program Budget". A line item number is to be included for every dollar amount listed in the "Detail of Claims" form. C. Close-out Proarammatic Reportina: The Close-out Report is due to the Florida Division of Emergency Management no later than 60 days after the contract is either completed or the contract has expired. 32 IV. ProQrammatic Point of Contact Contractual Point of Contact Carolyn Washington FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 410-1271 carol n.washin ton dca. state. fl. us Programmatic Point of Contact Farrah Gosford FDEM 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 413-9974 farrah. osford dca.state.fl.us V. Contractual Responsibilities The FDEM shall determine eligibility of projects and approve changes in scope of work. The FDEM shall administer the financial processes. 33 Attachment B Program Statutes and Regulations 1) 53 Federal Register 8034 2) Federal Acquisition Regulations 31.2 and 031.2 3) Section 1352, Title 31, US Code 4) OMB Circulars A-21 , A-87, A-110, A-122 5) Chapter 473, Florida Statutes 6) Chapter 215, Florida Statutes 7) Section 768.28, Flòrida Statutes 8) Chapter 119, Florida Statutes 9) Section 216.181(6), Florida Statutes 10) Cash Management Improvement Act Of 1990 11) American with Disabilities Act 12) Section 112.061, Florida Statutes 13) Immigration and Nationality Act 14) Section 286.011, Florida Statutes 15) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, 16) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 17) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234,87 Stat. 975 18) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593 19) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) 20) Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 21) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act 22) 28 CFR applicable to grants and cooperative agreements 23) Omnibus Crime Control and Safe Streets Act of 1968, as amended, 24) 42 USC 3789(d), or Victims of Crime Act (as appropriate); 25) Title VI of the Civil Rights Act of 1964, as amended; 26) Section 504 of the Rehabilitation Act of 1973, as amended; 27) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); 28) Title IX of the Education Amendments of 1972; 29) the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 30) 28 CFR Part 42, Subparts C,D, E, and G 31) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 32) Federal Acquisition Regulations 31.2 and 931.2 34 Attachment C JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: Indicate by checking one of the boxes below, if you are requesting an advance. If an advance payment is requested, budget data on which the request IS based must be submitted. Any advance payment under this Agreement is subject to s. 216.181 (16)(a)(b), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the recipient within the initial three months. [ ] ADVANCE REQUESTED [ ] NO ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required. Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. ADVANCE REQUEST WORKSHEET If you are requesting an advance, complete the following worksheet (A) (B) (C) (D) FFY FFY FFY Total DESCRIPTION 2003-2004 2004-2005 2005-2006 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES 1 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 by line 1.) , . First three months expenditures need only be provided for the years In which you requested an advance. If you do not have this information, call your consultant and they will assist you. MAXIMUM ADVANCE ALLOWED CALULATION: X $ = Cell D3 DCAlDEM Award MAXIMUM (Do not include any match) ADVANCE REQUEST FOR WAIVER OF CALCULATED MAXIMUM ] Recipient has no previous DCAlDEM contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. ] Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. 35 Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. ESTIMATED EXPENSES BUDGET CATEGORY 2006-2007 Anticipated Expenditures for First Three Months of Contract ADMINISTRATIVE COSTS (Include Secondary Administration.) PROGRAM EXPENSES TOTAL EXPENSES Explanation of Circumstances: 36 Attachment D Warranties and Representations Financial ManaQement Recipient's financial management system shall provide for the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify adequately the source and application of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall adequately safeguard all such assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures for determining the reasonableness, allocability and allowability Of costs in accordance with the provisions of the applicable cost principles and the terms and conditions of this grant. (6) Accounting records, including cost accounting records that are supported by source documentation. Competition. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, and invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, price, quality and other factors considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. 37 Codes of conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from Licensinq and Permittinq All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 38 Attachment E Contractor Covered Transactions (1) The prospective contractor of the Recipient, ' certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any F=ederal department or agency. (2) Where the Recipient's contractor is unable to certify to the above statement, the prospective contractor shall attach an explanation to this form. CONTRACTOR: By: Signature Recipient's Name Division Contract Number Name and Title Street Address City, State, Zip Date 39 Attachment F Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A-21 , A-110, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted project. Also the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et seq.) 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 40 10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M71 00.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Reviewof Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789( d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of th~ finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P. L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug- Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 41 ITEM NO. C-6 A DATE: October 10,2006 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] SUBMITTED BY (DEPT): ENGINEERING DIVISION 4115 TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Contract extension (Master Contract No.C03-1 0-686), First Amendment to Work Authorization No. 25, for Engineering & Testing Services. BACKGROUND: December 13, 2005 the Board approved awarding the contract for construction of the Gordy Road Recreational Area to Atlantic Skanska, Inc. in the amount of $835,133.00. FUNDS AVAIL. Funds are available in 102001-3725-563009-363' Drainage Maintenance MSTU Stormwater Management. No additional funds associated with this item. PREVIOUS ACTION: January 10, 2006 the Board approved Work Authorization No. 25 for Professional Soil Testing Services with Dunkleberger Engineering & Testing, Inc. for the Gordy Road Recreational Area Project. RECOMMENDATION: Staff recommend Board approve the First Amendment to Work Authorization No. 25 with Dunkleberger Testing & Engineering and authorize the Chairman to sign. COMMISSION ACTION: CONCURRENCE: X] APPROVED [ ] OTHER: Approved 5-0 [ ] DENIED or [X]C,,'~ Attomey ) [x]Originating Dept. Public Works [X]Exec. Asst. Coordination/Si na res [X]Co""~ SONeyo' .¡?j [ ]Road & Bridge [X]Mgt. & Budget~ [X]Env. Res. DiV.~ i' ITEM NO. C- 6B DATE: October 10, 2006 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: Work Authorization No.1, Work Authorization No.2, and Work Authorization No.3 to the Contract for Professional Engineering Services related to Construction Management with Stanley Consultants, Inc., for overseeing the construction of the Kings Highway Canal Culvert replacements in the amount of$38,612.43 for Work Authorization No.1, $26,520.37 for Work Authorization No.2, and $36,641.84 for Work Authorization No.3. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funds will be made available in 101109-4115-563012-1902 FHW A/FDOT Hurricane Jeanne Sebastian Road Culvert Replacement, 101109-4115-563012-1902 FHW A/FDOT Hurricane Jeanne Lakeland Boulevard Culvert Replacement, and 316001-41131 -5630 12-1902 Hurricane Jeanne Winter Garden Parkway Culvert Replacement. PREVIOUS ACTION: There has been no previous action for this project. RECOMMENDATION: Staff recommends the Board approve Work Authorization No.1, Work Authorization No.2, and Work Authorization No. 3 to the Contract for Professional Engineering Services related to Construction Management with Stanley Consultants, Inc., for overseeing the construction of the Kings Highway Canal Culvert replacements in the amount of$38,612.43 for Work Authorization No.1, $26,520.37 for Work Authorization No.2, and $36,641.84 for Work Authorization No.3. COMMISSION ACTION: !XI APPROVED [ ] OTHER [ ] DENIED [x] County Attorney [x] Originating Dept. Public Works (Check for copy only, if applicable Approved 5-0 DIVISION OF ENGINEERING MEMORANDUM 06-271 TO: Michael Powley, County Engineer FROM: Michael Harvey, Engineer Intern (Y) tr DATE: October 2, 2006 SUBJECT: Kings Highway Canal Culvert Replacements ---------------------------------------------------------------------- ---------------------------------------------------------------------- ---------------------------------------------------------------------- After Hurricane Jeanne in 2004 there were two culverts along the Kings Highway Canal in Lakewood Park that began to show some signs of failure. These two culvert crossings are Sebastian Road and Lakeland Boulevard cross the Kings Highway Canal. These two culverts are 80 percent reimbursable from the Federal Highway Administration (FHW A) for both construction and construction management. Several months after the hurricane the culvert crossing at Winter Garden Parkway and the Kings Highway Canal also began to show signs of failure. This crossing however is not reimbursable from FHW A. It was determined that it would be best to have all these projects go to construction one right after the other with a construction management firm overseeing the work. This will prevent more than one obstruction in the canal at a time and allow us to meet the FHW A deadline. Work Authorization No.1 is for the Sebastian Road crossing in the amount of $38,612.43. Work Authorization No.2 is for the Winter Garden Parkway crossing in the amount of $26,520.37. Work Authorization No.3 is for the Lakeland Boulevard crossing in the amount of $36,641.84. LINE-TO-LINE TRANSFER REQUEST DEPARTMENT: ENGINEERING 06-02 DA TE: 10/2/06 ACCOUNT OMB ACCOUNT NUMBER . ACCOUNT NAME AMOUNT BALANCE VERIFY TO: 101109-4115-563012-1902 FHWNFDOT Hur. Jeanne $30,890.00 $0 Sebastian Culvert Replacement - Infrastructure Insp. 101109-4115-563012-1902 FHWNFDOT Hur. Jeanne Lakeland Culvert $29,314.00 $0 Replacement - Infrastructure Insp. 316001-41131-563012-1902 Hurricane Jeanne Culvert Winter Garden Pkv. Cui. Replacement - Infrastructure Insp. $41,573.00 $0 $101,777.00 FROM 101109-4115-546300-1902 FDWNFDOT Hur. Jeanne $60,204.00 $7,408,360 316001-41131-563000-43033 Emergency Culverts $41,573.00 $358,441 - Infrastructure $101,777.00 REASON FOR TRANSFER: Establish fundina as scheduled for Bd. Approval on 10/10/06. FHWA Hurricane Jeanne (Sebastian) - 80% Qrant $30,889.94 and 20% Cty $7,722.49 (Winter Garden Pky. Culvert (Hurricane Jeanne) -100% Cty $26,520.37 FHWA Hurricane Jeanne (Lakeland) - 80% arant $29,313.47 and 20% Cty $7,328.37 CONTACT PERSON: iFi"hard' PHONE #: 1708 DEPARTMENTAL APPROVAL: OMS APPROVAL: . ~r ADMINISTRATION APPROVAL: OMB NOTES: $203,554 INPUT DATE: INPUT BY: LlNE-TO-LlNE TRANSFER #: .... DOCUMENT #: WORK AUTHORIZATION NO.1 Engineering Services Construction Management C06-05-378 KINGS HIGHWAY CANAL CULVERT REPLACEMENT PROJECT NO. 06-33 Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between S1. Lucie County (the "County") and Stanley Consultants, Inc. (the "Engineer" dated May15, 2006, the Engineer agrees to provide the Scope of Services described in Exhibit "A" and for the Compensation described in Exhibit "B". All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit "C". IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY wryrnssES: (-..' f . I -. \\ r r:~''C\ (~( (\" _....j (LtlÆA ENG BY:. . Print Name: 1\\)\0 1.J. (?Z.vUJv(J So Stanley Consultants, Inc. Date: -to/V0(¡? I · WORK AUTHORIZA nON NO.1 Engineering Services Construction Management C06-05-378 KINGS HIGHWAY CANAL CULVERT REPLACEMENT PROJECT NO. 06-33 Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Stanley Consultants, Inc. (the "Engineer" dated May15, 2006, the Engineer agrees to provide the Scope of Services described in Exhibit "A" and for the Compensation described in Exhibit "B". All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit "C". IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ENGINEER BY: Print Name: Stanley Consultants, Inc. Date: EXHIBIT A SCOPE OF SERVICES Kings Highway Canal Culvert Replacement Project No. 06-33 Construction Phase PART 1- BASIC SERVICES Upon written authorization from St. Lucie County (hereinafter call "OWNER") to proceed, Stanley Consultants, Inc., (hereinafter called the "ENGINEER") will perform Basic Services consisting of those described in paragraphs 1.1 through 1.2.3. 1.1 General Administration of Construction Contract. Consult with OWNER and act as OWNER'S representative as provided in General Conditions of the Construction Contract. The extent and limitations of duties, responsibilities and authority of ENGINEER as assigned in said General Conditions will not be modified, except as ENGINEER may otherwise agree in writing. OWNER's instructions to Contractor will be issued through ENGINEER, who will have authority to act on behalf of OWNER in dealings with Contractor to extent provided in this Agreement and said General Conditions except as otherwise provided in writing. 1.2 OWNER will select the independent testing laboratory and the Contractor will coordinate all testing services during construction. ENGINEER will review and track test results so that materials are in compliance with the specifications. 1.3 Preconstruction Conference. ENGINEER will conduct the preconstruction conference prior to commencement of work at site. 1.4 Visits to Site and Observation of Construction. In connection with observations of Contractor's work in progress while it is in progress: 1.4.1 On-site observations will be performed by the ENGINEER's Project Administrator Inspector, while work is in progress, including general observation of Work based on ENGINEER's professional judgment. Based on information obtained during such observations, ENGINEER will determine if Contractor's work is proceeding in substantial compliance with Contract Documents, and ENGINEER will keep OWNER informed of progress of the work. 1.4.2 The ENGINEER will specifically inspect site for apparent hazards to the public. Should an apparent hazard exist, the ENGINEER will immediately inform the Contractor of the hazard. If the Contractor does not take immediate action to correct the hazard, the ENGINEER will dúect all work to cease until the hazard is satisfactorily contr·olled. 1.4.3 The purpose of ENGINEER's representation by the Project Administrator Inspector on- site will be to enable ENGINEER to better carry out duties and responsibilities assigned to and undertaken by ENGINEER during Construction Phase, and, in addition, to provide for OWNER a greater degree of confidence that completed Work will conform to Contr'act Documents and that integrity of design concept of completed project as a functioning whole as indicated in Contract Documents has been implemented and preserved by Contractor. ENGINEER will not, during such visits or as a result of such observations of ConlI'actor's work in progress, supervise, direct, or have control over Contractor's work, nor will ENGINEER have authority over or responsibility for means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, or for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, ENGINEER neither guarantees performance of any Contractor nor assumes responsibility for any Contr'actor's failure to furnish and perform its work in accordance with Contract Documents. 1.5 Defective Work.. Recommend to OWNER that Contractor's work be disapproved and rejected while it is in progress if, on basis of such observations, ENGINEER believes that such work will not produce a completed project that conforms generally to Contract Documents or that it will prejudice integrity of design concept of completed project as a functioning whole as indicated in Contract Documents.. 1.6 Clarifications and Interpretations and Instructions to Contractor. Issue necessary clarifications and interpretations of Contract Documents as appropriate to orderly completion of Contractor's work.. Such clarifications and interpretations will be consistent with intent of and reasonably inferable from Contract Documents. ENGINEER may issue Instructions to Contractor authorizing minor variations from requirements of Contr'act Documents. 1.7 Change Orders. Recommend change orders to OWNER, as appropriate, and prepare change order's as required. 1.8 Shop Drawings and Samples.. Review or take other appropriate action in respect to shop drawings and samples and other data which Contr'actor is required to submit for conformance with information given in Contract Documents and compatibility with design concept of completed project as a functioning whole as indicated in Contract Documents. Such reviews or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. ENGINEER has the obligation to meet any Contractor's submittal schedules that has earlier been acceptable to ENGINEER. 1.9 Or-equal Items. Evaluate and determine acceptability of "or-equal" materials and equipment proposed by Contractor. Provide recommendations to the OWNER for final acceptance. 1.10 Disagreements between OWNER and Contractor. Render formal written decisions on all claims of OWNER and Contractor relating to acceptability of Contractor's work or interpretation of requirements of Contract Documents pertaining to execution and progress of Contractor's work. In rendering such decisions, ENGINEER will be fair and not show partiality to OWNER or Contractor and will not be liable in connection with any decision rendered in good faith in such capacity. 1.11 Applications for Payment. Based on ENGINEER's observations as an experienced and qualified professional and on review of applications for payment and accompanying supporting documentation: 1.11.1 Determine amounts that ENGINEER recommends Contractor be paid. Such recommendations ofpayrnent will be in writing and will constitute ENGINEER's 2 representation to OWNER, based on such observations and review, that, to best of ENGINEER's knowledge, infonnation and belief, Contractor's work has progressed to point indicated, quality of such work is generally in accordance with Contract Documents (subject to evaluation of work as a functioning whole prior to or upon substantial completion, to results of any subsequent tests called for in Contract Documents and to any other qualifications stated in the recommendation), and conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe Contractor's work. In case of unit price work, ENGINEER's recommendations of payment will include final detenninations of quantities and classifications of Contractor's work (subject to any subsequent adjustments a]]owed by Contract Documents). 1.11.2 By recommending any payment, ENGINEER will not thereby be deemed to have represented that observations made by ENGINEER to check quality or quantity of Contr'actor's work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of work beyond responsibilities specifically assigned to ENGINEER in this Agreement and Contract Documents. Neither ENGINEER's review of Contractor's work for purposes of recommending payments nor ENGINEER's recommendation of any payment including final payment will impose on ENGINEER responsibility to supervise, direct, or control Contractor's work in progr'ess or for means, methods, teclmiques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with laws and regulations applicable to Contractor's furnishing and performing the work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes Contractor has used moneys paid on account of contract price, or to determine that title to any portion of work in progress, materials, or equipment has passed to OWNER free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between OWNER and Contractor that might affect amount that should be paid. 1.12 Contractor's Completion Documents. 1.12.1 Receive and review record drawings, schedules, and guarantees. 1.12.2 Receive bonds, certificates, or other evidence of inswance not previously submitted and required by Contract Documents, certificates of inspection, tests and approvals, shop drawings, samples and other data which are to be assembled by Contr'actor in accordance with Contract Documents to obtain final payment. 1.12.3 ENGINEER will transmit these documents to OWNER. 1.13 Substantial Completion. Promptly after notice from Contractor that Contractor considers entire work ready for its intended use, in company with OWNER and Contractor, conduct inspection to detennine if work is substantially complete. If after considering any objections of OWNER, ENGINEER considers work substantially complete, ENGINEER will deliver certificate of substantial completion to OWNER and Contractor. 1.14 Final Notice of Acceptability of Work. Conduct fmal inspection to determine if completed work of Contractor is acceptable so that ENGINEER may recommend, in writing, final payment to Contractor. Accompanying recommendation for final payment, ENGINEER will also provide a .3 notice that work is acceptable to best of ENGINEER's knowledge, information, and belief and based on extent of services provided by ENGINEER under this Agreement. 1.15 Duration of Construction Phase. Construction phase for each project wiU commence with execution of the Construction Agreement and wi11 terminate upon written recommendation by ENGINEER for final payment to the Contractor. 1.16 Conditions of Service: Basic services described are based on following conditions: 1.16..1 ENGINEER will not be responsible for acts or omissions of any Contractor, of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing any of work. ENGINEER wiIl not be responsible for failure of any Contractor to perform or furnish the Work in accordance with Contract Documents. 1.16.2 Schedules: Review progress schedule, schedule of shop drawing and sample submittals, and schedule of values prepared by Contractor and consult with OWNER concerning acceptabili ty. 1.16.3 Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof: 1.16.4 Liaison: 1.16.4.1 Serve as OWNER's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding intent of Contract Documents. 1.16.4.2 Serve as OWNER's liaison with Contractor when Contractor's operations affect OWNER's on-site operations. 1.16.4.3 Assist in obtaining from OWNER additional details or information, when required for proper execution of work. 1.16.5 Interpretation of Contr'act Documents: Report to OWNER when clarifications and interpretations of Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by OWNER. 1.16.6 Shop Drawings and Samples: 1.16.6.1 Record date of receipt of samples and shop drawings. 1.16.6.2 Receive samples that are furnished at site by Contractor, notify OWNER of availability of samples for examination, and make recommendations on approval. 1.16.6.3 Advise OWNER and Contractor of commencement of any portion of Work requiring a shop drawing or sample submittal for which Project 4 Administrator Inspector believes that submittal has not been approved by OWNER. 1.16.7 Modifications: Consider and evaluate Contractor's suggestions for modifications in drawings or specifications and report with Project Administrator Inspector's recommendations to OWNER. Transmit to Contractor in writing decisions as issued by OWNER. 1.16.8 Review of Work and Rejection of Defective Wòrk: 1.16.8.1 1.16.8.2 1.16.9 Inspections: 1.16.9.1 1.16.9.2 1.16.10 Records: Conduct on-site observations of Contractor's work in progress to detennine if work is in'general proceeding in accordance with Contract Documents. Report to OWNER whenever Project Administrator Inspector believes that any part of Contractor's work in progress will not produce a completed project that confonns generally to Contr'act Documents or will prejudice integrity of design concept of completed project as a functioning whole as indicated in Contract Documents, or has been damaged, or does not meet requirements of any inspection, test or approval required to be made; and advise OWNER of that part of work in progress the Project Administrator Inspector believes should be conected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. Consult with OWNER in advance of scheduled major inspections. Accompany visitors representing other agencies having jurisdiction over project, record results of these visits, and report to OWNER. 1.16.10.1 Maintain orderly files for correspondence, reports of job conferences, testing results, reproductions of original Contract Documents including all change orders, field orders, addenda, additional drawings issued subsequent to execution of Contr'act, clarifications and interpretations of Contract Documents, progress reports, shop drawing and sample submittals received from and delivered to Contractor, and other project related documents. 1.16.10.2 Prepare daily report or keep diary or log book, recording Contractor's hours on-site, weather conditions; data relative to questions of change orders, field orders, or changed conditions, site visitors, daily activities; decisions, and observations in general. 1.16.10..3 Record names, addresses and telephone numbers of all Contractors, subcontractors, and major suppliers of materials and equipment. 1.16.10.4 Maintain records for use in preparing project documentation. 5 1.16.10..5 Upon completion of work, fwnish original set of all Project Administrator hlspector project documentation to OWNER. 1.16.11 Reports: 1.16.11,1 Furnish to OWNER weekly reports of progress of work, Contractor's staff and equipment hows, ENGINEER's hours on site, and compliance with progress schedule. 1.16.11.2 Draft and recommend to OWNER proposed change orders and field orders. Obtain backup material from Contractor" 1.16.11.3 Report immediately to OWNER the occun'ence of any site accidents, any hazardous environmental conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. 1.16.12 Payment Requests: Review applications for payment with Contractor for compliance with established procedure for their submission and forward with recommendations to OWNER, noting particularly relationship of payment requested to schedule of values, work completed, and materials and equipment delivered at site but not incorporated in work. 1.16.13 Certifications and Material Testing: During course of work, verify that materials and equipment, and other data required by specifications to be assembled and furnished by Contractor are applicable to items actually installed and in accordance with Contr'act Documents, and have these documents delivered to OWNER prior to payment for that part of work 1.16.14 Completion: 1.16,14.1 Before ENGINEER issues Certificate of Substantial Completion, submit to Contractor list of observed items requiring completion or conection" 1.16.14.2 Observe whether Contractor has arranged for inspections required by laws and regulations, including but not limited to those to be performed by public agencies having jurisdiction over the work. 1.16.14.3 Participate in final inspection in company of OWNER, and Contractor and prepare final1ist of items to be completed or corrected. 1.16.14.4 Observe whether all items on final list have been completed or corrected and make recommendations to OWNER concerning acceptance and issuance of Notice of Acceptabmty of Work. PART 2 - ADDITIONAL SERVICES The following Additional Services ar'e not included in Basic Services and are at OWNER's option. These services, " if exercised by OWNER and agreed to by ENGINEER, will be paid for in addition to 6 compensation for Basic Services.. ENGINEER is not authorized to proceed with performance of any Additional Services unless they are duly authorized, in writing, by OWNER. 2.1 Visits to project site beyond extent indicated under Basic Services. 2.2 Providing assistance in resolving any hazardous environmental condition encountered during construction in compliance with current laws and regulations. 2.3 Additional or extended services during construction made necessary by (1) emergencies or acts of God endangering the work, (2) an occurrence of a hazardous environmental condition, (3) work damaged by fire or other cause during construction, (4) significant amount of defective, neglected, or delayed work by Contractor, (5) acceleration of progress schedule involving services beyond normal working hours, or (6) default by Contractor. 2.4 Preparing to serve or serving as a ENGINEER or witness for OWNER in any litigation, arbitration, or other dispute resolution process related to project. 7 EXHIBIT B Stanley Consultants will accomplish the services outlined in Exhibit A based on the currently approved billing rates with StLucie County. A preliminary cost estimate, inclusive of expenses, is provided in the attached Figure 1. The hourly not to exceed cost estimate below is swnmarized fÌ'om Table 1, and asswnes a IS-day overlap for each of the three construction projects, 6-33, 6-34, and 6-35. Man hours are based on 40 hour workweek for 60-calendar day duration of each contract. If construction contracts are extended, additional time may be required and will be considered extra work. Project 6-33: $38,612.43 EXHIBIT C A preliminary schedule;: for the services described in Exhibit A is provided in the attached Figure 1. The preliminary schedule is based on a Construction phase Letting for Project 06-33 for September 2.5, 2006, and an October 5, 2006, Notice to Proceed, with subsequent lettings for Project 06-34, and Project 06-35 each 45 days. This allows for a 15-day overlay of projects. Schedule will be adjusted to actual letting and Notice to Proceed dates. 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(/) ~ .J!.o,E28 g..!Il ~ ~ CD en~.Q 5 ~ .5 -0 ãi:I: ~ ~1!·!!1æ-o ¡::~~::E ¡¡¡ ë Q) :::I CT Q) 11 ::J (/) :5 .~ -~ WORK AUTHORIZATION NO.2 Engineering Services Construction Management C06-05-378 KINGS HIGHWAY CANAL CULVERT REPLACEMENT PROJECT NO. 06-34 Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between S1. Lucie County (the "County") and Stanley Consultants, Inc. (the '~Engineer" dated May15, 2006, the Engineer agrees to provide the Scope of Services described in Exhibit "A" and for the Compensation described in Exhibit "B". All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit "C". IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY . ENGINEER BY: Q~ -f{~ øk4- Print Name: ÐAn,D (.J. ~4f\.)01. Stanley Consultants, Inc. Date: Ir~óÇo ... WORK AUTHORIZATION NO.2 Engineering Services Construction Management C06-05-378 KINGS HIGHWAY CANAL CULVERT REPLACEMENT PROJECT NO. 06-34 Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Stanley Consultants, Inc. (the "Engineer" dated May15, 2006, the Engineer agrees to provide the Scope of Services described in Exhibit "A" and for the Compensation described in Exhibit "B". All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit "C". IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ENGINEER BY: Print Name: Stanley Consultants, Inc. Date: '" EXHIBIT A SCOPE OF SERVICES Kings Highway Canal Culvert Replacement Project No. 06-34 Construction Phase PART 1 - BASIC SERVICES Upon written authorization from St. Lucie County (hereinafter call "OWNER") to proceed, Stanley Consultants, Inc., (hereinafter called the "ENGINEER") will perform Basic Services consisting of those described in paragraphs 1. 1 through 1.2.3.. 1.1 General Administration of Construction Contract. Consult with OWNER and act as OWNER'S representative as provided in General Conditions of the Construction Contr·act. The extent and limitations of duties, responsibilities and authority of ENGINEER as assigned in said General Conditions wi1l not be modified, except as ENGINEER may otherwise agree in writing. OWNER's instructions to Contractor will be issued through ENGINEER, who will have authority to act on behalf of OWNER in dealings with Contractor to extent provided in this Agreement and said General Conditions except as otherwise provided in writing. 1.2 OWNER will select the independent testing laboratory and the Contractor will coordinate all testing services during construction. ENGINEER will review and tr'ack test results so that materials are in compliance with the specifications. 1.3 Preconstruction Conference. ENGINEER will conduct the preconstruction conference prior to commencement of work at site. 1.4 Visits to Site and Observation of Construction. In connection with observations of Contractor's work in progress while it is in progress: 1.4.1 On-site observations will be perfonned by the ENGINEER's Project Administrator Inspector, while work is in progress, including general observation of Work based on ENGINEER's professional judgment. Based on information obtained during such observations, ENGINEER will detennine if Contractor's work is proceeding in substantial compliance with Contract Documents, and ENGINEER will keep OWNER informed of progress of the work. 1.4.2 The ENGINEER will specifically inspect site for apparent hazards to the public. Should an apparent hazard exist, the ENGINEER wi1l immediately infonn the Contractor of the hazard. If the Contr'actor does not take immediate action to correct the hazard, the ENGINEER will direct all work to cease until the hazard is satisfactorily controlled. 1.4.3 The purpose of ENGINEER's representation by the Project Administrator Inspector on- site will be to enable ENGINEER to better carry out duties and responsibilities assigned to and undertaken by ENGINEER during Construction Phase, and, in addition, to provide for OWNER a greater degree of confidence that completed Work will confonn to Contract Documents and that integrity of design concept of completed project as a functioning whole as indicated in Contract Documents has been implemented and 1 preserved by Contractor.. ENGINEER will not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor will ENGINEER have authority over or responsibility for means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, or for any failure of Contr'actor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, ENGINEER neither guarantees performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with Contract Documents. 1.5 Defective Work. Recommend to OWNER that Contractor's work be disapproved and rejected while it is in progress if, on basis of such observations, ENGINEER believes that such work will not produce a completed project that conforms generally to Contract Documents or that it will prejudice integrity of design concept of completed project as a functioning whole as indicated in Contract Documents, 1.6 Clarifications and Interpretations and Instructions to Contractor.. Issue necessary clarifications and interpretations of Contract Documents as appropriate to orderly completion of Contr'actor's work. Such clarifications and interpretations will be consistent with intent of and reasonably inferable from Contract Documents. ENGINEER may issue Instructions to Contructor authorizing minor variations from requirements of Contruct Documents. 1.7 Change Orders. Recommend change orders to OWNER, as appropriate, and prepare change orders as required. 1.8 Shop Drawings and Samples. Review or take other appropriate action in respect to shop drawings and samples and other data which Contractor is required to submit for conformance with information given in Contract Documents and compatibility with design concept of completed project as a functioning whole as indicated in Contruct Documents. Such reviews or other action will not extend to means, methods, techniques, sequences, or procedur'es of construction or to safety precautions and programs incident thereto. ENGINEER has the obligation to meet any Contractor's submittal schedules that has earlier been acceptable to ENGINEER. 1.9 Or-equal Items. Evaluate and determine acceptability of "or-equal" materials and equipment proposed by Contractor. Provide recommendations to the OWNER for final acceptance. 1.10 Disagreements between OWNER and Contractor.. Render formal written decisions on all claims of OWNER and Contractor relating to acceptability of Contractor's work or interpretation of requirements of Contract Documents pertaining to execution and progress of Contructor's work. In rendering such decisions, ENGINEER will be fair and not show partiality to OWNER or Contractor and will not be liable in connection with any decision rendered in good faith in such capacity. 1.11 Applications for Payment. Based on ENGINEER's observations as an experienced and qualified professional and on review of applications for payment and accompanying supporting documentation: 1.11.1 Determine amounts that ENGINEER recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute ENGINEER's 2 representation to OWNER, based on such observations and review, that, to best of ENGINEER's knowledge, information and belief, Contractor's work has progressed to point indicated, quality of such work is generally in accordance with Contract Documents (subject to evaluation of work as a functioning whole prior to or upon substantial completion, to results of any subsequent tests called for in Contract Documents and to any other qualifications stated in the recommendation), and conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe Contractor's work. In case of unit price work, ENGINEER's recommendations of payment will include fmal determinations of quantities and classifications of Contractor's work (su1:¡ject to any subsequent adjustments allowed by Contract Documents). 1.11.2 By recommending any payment, ENGINEER will not thereby be deemed to have represented that observations made by ENGINEER to check quality or quantity of Contractor's work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of work beyond responsibilities specifically assigned to ENGINEER in this Agreement and Contract Documents. Neither ENGINEER's review of Contractor's work fot purposes of recommending payments nor ENGINEER's recommendation of any payment including final payment will impose on ENGINEER responsibility to supervise, direct, or control Contractor's work in progress or for means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with laws and regulations applicable to Contractor's furnishing and performing the work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes Contractor has used moneys paid on account of contract price, or to determine that titlè to any portion of work in progress, materials, or equipment has passed to OWNER free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matter's at issue between OWNER and Contractor that might affect amount that should be paid. 1.12 Contractor's Completion Documents. 1.12.1 Receive and review record drawings, schedules, and guarantees. 1.12.2 Receive bonds, certificates, or other evidence ofinsurance not previously submitted and required by Contract Documents, certificates of inspection, tests and approvals, shop drawings, samples and other data which are to be assembled by Contractor in accordance with Contract Documents to obtain final payment. 1.12.3 ENGINEER will transmit these documents to OWNER. 1.13 SÜl?stantial Completion. Promptly after notice from Contractor that Contractor considers entire work ready for its intended use, in company with OWNER and Contractor, conduct inspection to determine if work is substantially complete. If after considering any objections of OWNER, ENGINEER considers work substantially complete, ENGINEER will deliver certificate of substantial completion to OWNER and Contractor. 1.14 Final Notice of Acceptability of Work. Conduct fmal inspection to detennine if completed work of Contractor is acceptable so that ENGINEER may recommend, in writing, final payment to Contractor. Accompanying recommendation for final payment, ENGINEER will also provide a 3 notice that work is acceptable to best of ENGINEER's knowledge, information, and belief and based on extent of services provided by ENGINEER under this Agreement. 1.15 Duration of Construction Phase. Construction phase for each project will commence with execution of the Construction Agreement and wil1 terminate upon written recoriunendation by ENGINEER for final payment to the Contractor. 1.16 Conditions of Service: Basic services described are based on following conditions: 1.16..1 ENGINEER will not be responsible for acts or omissions of any Contr'actor, of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing any of work. ENGINEER will not be responsible for failure of any Contractor to perform or furnish the Work in accordance with Contract Documents. 1.16.2 Schedules: Review progress schedule, schedule of shop drawing and sample submittals, and schedule of values prepared by Contractor and consult with OWNER concerning acceptability. 1.16..3 Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 1.16.4 Liaison: 1.16.4.1 Serve as OWNER's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding intent of Contract Documents. 1.16.4.2 Serve as OWNER's liaison with Contractor when Contractor's operations affect OWNER's on-site operations. 1.16.4.3 Assist in obtaining from OWNER additional details or information, when required for proper execution of work. 1.16.5 Interpretation of Contract Documents: Report to OWNER when clarifications and interpretations of Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by OWNER. 1.16..6 Shop Drawings and Samples: 1..16.6.1 Record date of receipt of samples and shop drawings. 1.16.6.2 Receive samples that are furnished at site by Contractor, notify OWNER of availability of samples for examination, and make recommendations on approval. 1.16.6.3 Advise OWNER and Contractor of commencement of any portion of Work requiring a shop drawing or sample submittal for which Project 4 Administrator Inspector believes that submittal has not been approved by OWNER. 1.16.7 Modifications: Consider and evaluate Contractor's suggestions for modifications in drawings or specifications and report with Project Administrator Inspector's . recommendations to OWNER. Transmit to Contractor in writing decisions as issued by OWNER. 1.16.8 Review of Work and Rejection of Defective Work: 1.16.8.1 Conduct on-site observations of Contractor's work in progress to determine if work is in general proceeding in accordance with Contract Documents. 1.16.8.2 Report to OWNER whenever Project Administrator Inspector believes that any part of Contractor's work in progress will not produce a completed project that confonns generally to Contract Documents or will prejudice integrity of design concept of completed project as a functioning whole as indicated in Contract Documents, or has been damaged, or does not meet requirements of any inspection, test or approval required to be made; and advise OWNER of that part of work in progress the Project Administrator Inspector believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 1.16.9 Inspections: 1.16.9.1 Consult with OWNER in advance of scheduled major inspections. 1.16.9.2 Accompany visitors representing other agencies having jurisdiction over project, record results of these visits, and report to OWNER. 1.16.10 Records: 1.16.10.1 Maintain orderly files for correspondence, reports of job conferences, testing results, reproductions of original Contract Documents including all change orders, field orders, addenda, additional drawings issued subsequent to execution of Contract, clarifications and interpretations of Contract Documents, progress reports, shop drawing and sample submittals received from and delivered to Contractor, and other project related documents. 1.16.10.2 Prepare daily report or keep diary or log book, recording Contractor's hours on-site, weather conditions; data relative to questions of change orders, field orders, or changed conditions, site visitors, daily activities, decisions, and observations in general. 1.16.10.3 Record names, addresses and telephone numbers of all Contractors, subcontractors, and major suppliers of materials and equipment. 1.16.10.4 Maintain records for use in preparing pr<~ject documentation. 5 1.16.10.5 Upon completion of work, furnish original set of all Project Administrator Inspector project documentation to OWNER. 1.16.11 Reports: 1.16..11.1 Furnish to OWNER weekly reports of progress of work, Contractor's staff and equipment hours, ENGINEER's hours on site, and compliance with progress schedule. 1.16.112 Draft and recommend to OWNER proposed change orders and field orders. Obtain backup material from Contractor. 1.16.113 Report immediately to OWNER the occunence of any site accidents, any hazardous environmental conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. 1.16.12 Payment Requests: Review applications for payment with Contractor for compliance with established procedure for their submission and forward with recommendations to OWNER, noting particularly relationship of payment requested to schedule of values, work completed, and materials and equipment delivered at site but not incorporated in work 1.16.13 Certifications and Material Testing: During course of work, verify that materials and equipment, and other data required by specifications to be assembled and furnished by Contractor are applicable to items actually installed and in accordance with Contract Documents, and have these documents delivered to OWNER prior to payment for that part of work. 1.16.14 Completion: 1.16.14..1 Before ENGINEER issues Certificate of Substantial Completion, submit to Contractor list of observed items requiring completion or correction. 1.16.14.2 Observe whether Contractor has arranged for inspections required by laws and regulations, including but not limited to those to be performed by public agencies having jurisdiction over the work. 1.16.14.3 Participate in final inspection in company of OWNER, and Contractor and prepare final list of items to be completed or corrected. 1.16..14.4 Observe whether all items on final list have been completed or corrected and make recommendations to OWNER concerning acceptance and issuance of Notice of Acceptability of Work. PART 2 - ADDITIONAL SERVICES The following Additional Services are not included in Basic Services and are at OWNER's option. These services, if exercised by OWNER and agreed to by ENGINEER, will be paid for in addition to 6 compensation for Basic Services.. ENGINEER is not authorized to proceed with performance of any Additional Services unless they are duly authorized, in writing, by OWNER. 2.1 Visits to project site beyond extent indicated under Basic Services. 2.2 Providing assistance in resolving any hazardous environmental condition encountered during construction in compliance with current laws and regulations. 2.3 Additional or extended services during construction made necessary by (1) emergencies or acts of God endangering the work, (2) an occurrence of a hazardous environmental condition, (3) work damaged by fire or other cause during construction, (4) significant amount of defective, neglec~ed, or delayed work by Contractor, (5) acceleration of progress schedule involving services beyond normal working hours, or (6) default by Contractor. 2.4 Preparing to serve or serving as a ENGINEER or witness for OWNER in any litigation, arbitration, or other dispute resolution process related to project. 7 EXHIBIT B Stanley Consultants will accomplish the services outlined in Exhibit A based on the currently approved billing rates with St Lucie County. A preliminary cost estimate, inclusive of expenses, is provided in the attached Figure 1. The hourly not to exceed cost estimate below is summarized from Table 1, and assumes a IS-day overlap for each of the three construction projects, 6-33, 6-34, and 6-35. Man hours are based on 40 hour workweek for 6O-calendar day duration of each contract. If construction contracts are extended, additional time may be required and will be considered extra work. Project 6-34: $26,.520.37 EXHIBIT C A preliminary schedule for the services described in Exhibit A is provided in the attached Figure 1. The preliminary schedule is based on a Construction phase Letting for Project 06-33 for September 25, 2006, and an October 5, 2006, Notice to Proceed, with subsequent lettings for Project 06-34, and Project 06-35 each 45 days. This allows for a I5-day overlay of projects. Schedule will be adjusted to actual letting and Notice to Proceed dates. We anticipate that for each project, all services will be provided within 3 months of Notice to Proceed. 0> E ¡:: '3 lJ... ~ 0> a. t/) .s Õ ï:: 0> en ~ -g « co :I: .! ~ o ra ¡:: (!) :§ æ 2!: .n ~ LL_.9 ~ 8i CI) "C E C-o ra<: or- Q) t5 ~ ~.~ m a. ¡¡: -g co ~ 0) co c: co :::E t5 0> "ë' a. - o :t:: ~ en ~ ..!!! Õ c <I> E i=£ ë ~ c: ~ I'- ° ° C"\I 11.. ~ o t) "'~'" '<t'<tl/) cóciC\i :i5¡;::¡ .¡",<ti ........~ .... .s¡ ~ ~I/)a> ...._a> uiM..n '<t a> CO ~... ... .... ~ :> o :I: c: ~ ~~~ ¡;¡ Õ I- O~ ~ "'! ~ t': o""<'JCi õ' .. D.. <: :::E L()L()IOL() ""O<=!~I':~ °0°0 L()L()IOL() OO<=!~I':~ °0°0 Z...J ° CD 80 ° C"\I -- en .... .... 00 <: c: ~ ~"C æ co 8 =enc: .31.9 :> ~¡}5æ E .:.¡¡¡ ,- ~.9:E UJ I <G . £; Q) ~ .... ~~!g.~~ -cbæ.gg B'II::::E<:e: '";'t5t5t5~S :t:: .~I~~- .9 ~eee53.a ena.a.a.cnii! .... M o N ItI cD N tit ° ° ° C"\I o c: o :g S t/) c: C)8 ~õ f3~J§ '-...Jen o II II Z...JO ~ co -0 L() ...r .c: o co 0> t/) 0) c: ~ "E 0> ::;¡ ïti 0" c: 0> 0 t/) '.Ø .a 'ë ::;¡ 'C t/) co £; .~ -g -0 ~ i 8 0> e a.ui~ OCIJIO 8~~ '--g f!! ~!IJ"C .c:08 ¡¡;ct§ ~.9~ ~BS 0_ U) ooe: -oz8 c:-o_ coc:- ¡g~'d Oe:1O ~~-E ~=8 E~.c: $ts~ a.100> . ~~.9'õ ~ ~15~.ª .c: Et5 ~¡¡j æ 8·~'5'5 ~ eco-olO -ga.o>>-CD cu-.otOT"'" ~~:= ~ .9 91... ~~ ïti >.E~ c: ::;¡ ~o)::;¡o> 0" "C.s;-g13 w o>~£o ..rI! §...JenCD £; g :J¡l!i.2 15 'Cjg~.>o::::E Õ a..õ':g c: ,g155.~~ c:.__~ . 8t5~0~ ....5co~ ~ .E~i5 rI! 0 > 0 ~ . oo.c:)( ¡g co >-0 0> ° co...r 'C C"\I15'Ce: ~ ... 1000> ø-g....'C -0 ~æ~æ! !l.a .g..o 8 lit'.rI! f/) rn 0> en~~5.a e:ª=~ := ';¡;o>~c:~ E.c:·- co 'C ¡::~t=~ æ "0 ~ 'S W 0> .a >- co E Q) ,§ ,--' WORK AUTHORIZATION NO.3 Engineering Services Construction Management C06-05-378 KINGS HIGHWAY CANAL CULVERT REPLACEMENT PROJECT NO. 06-35 Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Stanley Consultants, Inc. (the "Engineer" dated May15, 2006, the Engineer agrees to provide the Scope of Services described in Exhibit "A" and for the Compensation described in Exhibit "B". All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit "C". IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY \}'Í'ÌfNESSES: C" I ) .. "- 'h ··ì. . .1 .\c. ".1 I" ../ J (-~ 1;"',./ \. ...+'I'.....~-/ ¡ . ENGINEER BY: 0dtJ. A-Á- Print Name: DA, v d) w. ~uA.JO..5 Stanley Consultants, Inc. Date: iDljÞ(¿, I .~ WORK AUTHORIZA nON NO.3 Engineering Services Construction Management C06-05-378 KINGS HIGHWAY CANAL CULVERT REPLACEMENT PROJECT NO. 06-35 Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Stanley Consultants, Inc. (the "Engineer" dated May15, 2006, the Engineer agrees to provide the Scope of Services described in Exhibit "A" and for the Compensation described in Exhibit "B". All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit "C". IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ENGINEER BY: Print Name: Stanley Consultants, Inc. Date: ~ EXHIBIT A SCOPE OF SERVICES Kings Highway Canal Culvert Replacement Project No. 06-35 Construction Phase PART 1 - BASIC SERVICES Upon written authorization from S1. Lucie Comty (hereinafter call "OWNER") to proceed, Stanley Consultants, Inc., (hereinafter called the "ENGINEER") will perform Basic Services consisting of those described in paragraphs 1.1 through 1..2.3. 1.1 General Administration of Construction Contract. Consult with OWNER and act as OWNER'S representative as provided in General Conditions of the Construction Contract. The extent and limitations of duties, responsibilities and authority of ENGINEER as assigned in said General Conditions will not be modified, except as ENGINEER may otherwise agree in writing. OWNER's instructions to Contractor will be issued through ENGINEER, who will have authority to act on behalf of OWNER in dealings with Contractor to extent provided in this Agreement and said General Conditions except as otherwise provided in writing. 1.2 OWNER will select the independent testing laboratory and' the Contractor will coordinate all testing services during construction. ENGINEER will review and tr'ack test results so that materials are in compliance with the specifications. 1.3 Preconstruction Conference. ENGINEER will conduct the preconstruction conference prior to commencement of work at site. 1.4 Visits to Site and Observation of Construction. In connection with observations of Contractor's work in progress while it is in progress: 1.4.1 On-site observations will be performed by the ENGINEER's Project Administrator Inspector, while work is in progress, including general observationof Work based on ENGINEER's professional judgment. Based on information obtained during such observations, ENGINEER will detennine if Contractor's work is proceeding in substantial compliance with Contract Documents, ~d ENGINEER will keep OWNER infonned of progress of the work. 1.4.2 The ENGINEER will specifically inspect site for apparent hazards to the public. Should an apparent hazard exist, the ENGINEER will immediately inform the Contractor of the hazard. If the Contractor does not take immediate action to COlrect the hazard, the ENGINEER will direct all work to cease until the hazard is satisfactorily controlled. 1.4.3 The purpose of ENGINEER's representation by the Project Administrator Inspector on- site will be to enable ENGINEER to better' carry out duties and responsibilities assigned to and undertaken by ENGINEER during Construction Phase, and, in addition, to provide for OWNER a greater degree of confidence that completed Work will confonn to Con1ract Documents and that integrity of design concept of completed project as a functioning whole as indicated in Contract Documents has been implemented and 1 , preserved by Contractor. ENGINEER will not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contr'actor's work, nor will ENGINEER have authority over or responsibility for means, methods, techniques, sequences, or procedures of construction selected by Contr'actor, for safety precautions and programs incídent to Contractor's work, or for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's fumishing and performing the Work. Accordingly, ENGINEER neither guarantees performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with Contract Documents. 1.5 Defective Work. Recommend to OWNER that Contractor's work be disapproved and rejected while it is in progress if, on basis of such observations, ENGINEER believes that such work will not produce a completed project that conforms generally to Contract Documents or that it wiIl prejudice integrity of design concept of completed project as a functioning whole as indicated in Contract Documents. 1.6 Clarifications and Interpretations and Instructions to Contractor. Issue necessary clarifications and interpretations of Contract Documents as appropriate to orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with intent of and reasonably inferable from Contract Documents. ENGINEER may issue Instructions to Contractor authorizing minor variations from requirements of Contr'act Documents. 1.7 Change Orders. Recommend change orders to OWNER, as appropriate, ànd prepar'e change orders as required. 1.8 Shop Drawings and Samples. Review or take other appropriate action in respect to shop drawings and samples and other data which Contractor is required to submit for conformance with information given in Contract Documents and compatibility with design concept of completed project as a functioning whole as indicated in Contract Documents. Such reviews or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. ENGINEER has the obligation to meet any Contractor's submittal schedules that has earlier been acceptable to ENGINEER. 1.9 Or-equal Items. Evaluate and determine acceptability of "or-equal" materials and equipment proposed by Contractor.. Provide recommendations to the OWNER for final acceptance. 1.10 Disagreements between OWNER and Contractor; Render formal written decisions on all claims of OWNER and Contractor relating to acceptability of Contractor's work or interpretation of requirements of Contract Documents pertaining to execution and progress of Contractor's work.. In rendering such decisions, ENGINEER will be fair and not show partiality to OWNER or Contractor and will not be liable in connection with any decision rendered in good faith in such capacity. 1.11 Applications for Payment. Based on ENGINEER's observations as an experienced and qualified professional and on review of applications for payment and accompanying supporting documentation: 1.11.1 Determine amoW1ts that ENGINEER recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute ENGINEER's 2 , representation to OWNER, based on such observations and review, that, to best of ENGINEER's knowledge, information and belief, Contractor's work has progressed to point indicated, quality of such work is generally in accordance with Contract Documents (subject to evaluation of work as a functioning whole prior to or upon substantial completion, to results of any subsequent tests called for in Contract Documents and to any other qualifications stated in the recommendation), and conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe Contractor's work. In case of unit price work, ENGINEER's recommendations of payment will include fmal determinations of quantities and classifications of Contractor's work (subject to any subsequent adjustments allowed by Contract Documents). 1.11.2 By recommending any payment, ENGINEER will not thereby be deemed to have represented that observations made by ENGINEER to check quality or quantity of Contractor's work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of work beyond responsibilities specifically assigned to ENGINEER in this Agreement and Contract Documents.. Neither ENGINEER's review of Contractor's work for purposes of recommending payments nor ENGINEER's recommendation of any payment including final payment will impose on ENGINEER responsibility to supervise, direct, or control Contractor's work in progress or for means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with laws and regulations applicable to Contractor's furnishing and performing the work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes Contractor has used moneys paid on account of contract price, or to determine that title to any portion of work in progress, materials, or equipment has passed to OWNER free and clear of any liens, claims, security inter'ests, or encumbrances, or that there may not be other matters at issue between OWNER and Contractor that might affect amount that should be paid. 1.12 Contractor's Completion Documents. 1,.12.1 Receive and review record drawings, schedules, and guarantees. 1.12.2 Receive bonds, certificates, or other evidence of insurance not previously submitted and required by Contract Documents, certificates of inspection, tests and approvals, shop drawings, samples and other data which are to be assembled by Contractor in accordance with Contract Documents to obtain final payment. 1.12.3 ENGINEER will transmit these documents to OWNER. 1.13 Substantial Completion. Promptly after notice from Contractor that Contractor considers entire work ready for its intended use, in company with OWNER and Contractor, conduct inspection to determine if work is substantially complete. If after considering any objections of OWNER, ENGINEER considers work substantially complete, ENGINEER will deliver certificate of substantial completion to OWNER and Contractor. 1.14 Final Notice of Acceptability of Work. Conduct [mal inspection to determine if completed work of Contractor is acceptable so that ENGINEER may recommend, in writing, final payment to Contractor Accompanying recommendation for final payment, ENGINEER will also provide a 3 notice that work is acceptable to best of ENGINEER's knowledge, infonnation, and belief and based on extent of services provided by ENGINEER under this Agreement. 1.15 Duration of Construction Phase. Construction phase for each project will commence with execution of the Construction Agreement and will terminate upon written recommendation by ENGINEER for final payment to the Contractor.. . 1.16 Conditions of Service: Basic services described are based on following conditions: 1.16.1 ENGINEER will not be responsible for acts or omissions of any Contractor, of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing any of work. ENGINEER will not be responsible for failme of any Contractor to perfonn or furnish the Work in accordance with Contract Documents. 1.16.2 Schedules: Review progress schedule, schedule of shop drawing and sample submittals, and schedule of values prepared by Contractor and consult with OWNER concerning acceptability. 1.16.3 Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 1.16.4 Liaison: 1.16.4.1 Serve as OWNER's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding intent of Contract Documents. 1.16.4.2 Serve as OWNER's liaison with Contr'actor when Contractor's operations affect OWNER's on-site operations. 1. I 6.4..3 Assist in obtaining from OWNER additional details or information, when required for proper execution of work. 1.16..5 Interpretation of Contract Documents: Report to OWNER when clarifications and interpretations of Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by OWNER. 1.16.6 Shop Drawings and Samples: 1. I 6.6.1 Record date of receipt of samples and shop drawings. 1.16.6.2 Receive samples that are furnished at site by Contractor, notify OWNER of availability of samples for examination, and make recommendations on approval. 1. 16.6.3 Advise OWNER and Contractor of commencement of any portion of Work requiring a shop drawing or sample submittal for which Project 4 Administrator Inspector believes that submittal has not been approved by OWNER. 1.16.7 Modifications: Consider and evaluate Contractor's suggestions for modifications in drawings or specifications and report with Project Administrator Inspector's recommendations to OWNER. Transmit to Contractor in writing decisions as issued by OWNER. 1.16.8 Review of Work and Rejection of Defective Work: 1.16.8.1 Conduct on-site observations of Contractor's work in progress to determine if work is in general proceeding in accordance with Contract Documents. 1.16.8.2 Report to OWNER whenever Project Administrator Inspector believes that any part of Contractor's work in progress will not produce a completed project that confonns generally to Contract Documents or will prejudice integrity of design concept of completed project as a flU1ctioning whole as indicated in Contract Documents, or has been damaged, or does not meet requirements of any inspection, test or approval required to be made; and advise OWNER of that part of work in progress the Project Administrator Inspector believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 1.16.9 Inspections: 1.16..9.1 Consult with OWNER in advance of scheduled major inspections.. 1..16.9.2 Accompany visitors representing other agencies havingjurisdiction over , project, record results of these visits, and report to OWNER. 1.16.10 Records: 1.16.10.1 Maintain orderly files for correspondence, reports of job conferences, testing results, reproductions of original Contract Documents including all change orders, field orders, addenda, additional drawings issued subsequent to execution of Contract, clarifications and interpretations of Contract Documents, progress reports, shop drawing and sample submittals received from and delivered to Contractor, and other project related documents.. 1.16.10.2 Prepare daily report or keep diary or log book, recording Contractor's hours on-site, weather conditions; data relative to questions of change orders, field orders, or changed conditions, site visitors, daily activities, decisions, and observations in general. 1.16.10.3 Record names, addresses and telephone numbers of all Contractors, subcontractors, and major suppliers of materials and equipment. 1.16.10.4 Maintain records for use in preparing project documentation. 5 1.16.10.5 Upon completion of work, furnish original set of all Project Administrator Inspector project documentation to OWNER. 1.16..11 Reports: 1.16.11, 1 Furnish to OWNER weekly reports of progress of work, Contractor's staff and equipment hours, ENGINEER's hours on site, and compliance with progress schedule 1.16.11.2 Draft and recommend to OWNER proposed change orders and field orders. Obtain backup material from Contractor. 1.16.11.3 Report immediately to OWNER the occurrence of any site accidents,. any hazardous environmental conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. 1..16.12 Payment Requests: Review applications for payment with Contractor for compliance with established procedure for their submission and forward with recommendations to OWNER, noting particularly relationship of payment requested to schedule of values, work completed, and materials and equipment delivered at site but not incorporated in work. 1.16.13 Certifications and Material Testing: During course of work, verify that materials and equipment, and other data required by specifications to be assembled and furnished by Contractor are applicable to items actually installed and in accordance with Contract Documents, and have these documents delivered to OWNER prior to payment for that part of work. 1.16.14 Completion: 1.16.14.1 Before ENGINEER issues Certificate of Substantial Completion, submit to Contractor list of observed items requiring completion or correction. 1.16.14.2 Observe whether Contractor has arranged for inspections required by laws and regulations, including but not limited to those to be performed by public agencies having jurisdiction over the work. 1.16..14.3 Participate in final inspection in company of OWNER, and Contractor and prepare final list of items to be completed or conected. 1.16.14.4 Observe whether all items on final list have been completed or corr'ected and make recommendations to OWNER concerning acceptance and issuance of Notice of Acceptability of Work. PART 2 - ADDITIONAL SERVICES The following Additional Services are not included in Basic Services and are at OWNER's option. These services, if exercised by OWNER and agreed to by ENGINEER, will be paid for in addition to 6 compensation for Basic Services. ENGINEER is not authorized to proceed with performance of any Additional Services unless they are duly authorized, in writing, by OWNER. 2.1 Visits to project site beyond extent indicated under Basic Services. 2.2 Providing assistance in resolving any hazardous environmental condition encountered during construction in compliance with current laws and regulations. 2.3 Additional or extended services during construction made necessary by (1) emergencies or acts of God endangering the work, (2) an occurrence of a hazardous environmental condition, (3) work damaged by fire or other cause during construction, (4) significant amount of defective, neglected, or delayed work by Contractor, (5) acceleration of progress schedule involving services beyond normal working hours, or (6) default by Contractor. 2.4 Preparing to serve or serving as a ENGINEER or witness for OWNER in any litigation, arbitration, or other dispute resolution process related to project. 7 \ ! .. ... . EXHIBIT B Stanley Consultants will accomplish the services outlined in Exhibit A based on the currently approved billing rates with St Lucie County. A preliminary cost estimate, inclusive of expenses, is provided in the attached Figure 1. The hourly not to exceed cost estimate below is summarized from Table 1, and assumes a IS-day overlap for each of the three construction projects, 6-33, 6-:34, and 6-35. Man hours are based -on 40 hour workweek for 60-calendar day duration of each contract. If construction contracts are extended, additional time may be required and will be considered extra work. Project 6-35: $36,641.84 · . , 'W, EXHIBIT C A preliminary schedule for the services described in Exhibit A is provided in the attached Figure I, The preliminary sched.ule is based on a Construction phase Letting for Project 06-33 for September 25, 2006, and an October 5, 2006, Notice to Proceed, with subsequent lettings for Project 06-34, and Pr~ject 06-35 each 45 days. This allows for a IS-day overlay of projects. Schedule will be adjusted to actual letting and Notice to Proceed dates. We anticipate that for each prqject, all services will be provided within 3 months of Notice to Proceed. " . "t ""CO'" 'Ot ao...,<Ø OC! N . . ...~Š - ~('t).. .. 'Ot en ....00> cg U; ... ... ... <ri 0 ... ... .., C,) tit I!! .!9 Õ CI .... ......,0> .......0> ~ uo)C"iui :!$~ a:: ... -- I!! ~ 0 0 ~ 0> J: ..., ... CO c: ... N ~ ~- 111 i=£ Õ () c ..., ..., ..., ~ E 0 '" .... ": N ... ::¡; C <Ø ": I,) i= c c ~ NI'~ '" "5 ::¡; 2 u. 1-1- 0.. ~ () « ° c. '" E o ë () C/) ~ -g <C ca J:.!~ o ëi= o :;:;~ ~an': LL. .... .9 u. ~ ~ <C o.~ t- "0 .!: rn c E IV~ - C)- ~ .5·~ :;,1-'" C) Il. ü: -g ca ffi 0) ca t: ca ::::E ti () .~ Il. Õ II:: g C/) I"- ° ° N -- 1-- ::::E U'"":~LI'!:B °0°0 u. 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J2.o 8 CD'!!/ ~~ CD ~~-º5~ '-iïii:I: .~ ~.t:.!!/ æ"O ¡::~~::::E æ "ª "5 C" !!! Q) .a >- (t E Q) ,g ITEM NO. C- 6C DATE: October 10, 2006 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: To accept the project; release retainage in the amount of$40,132.66 and make Final Payment in the amount of $52,151.70 to Ranger Construction Industries, Inc. for the construction of the Weatherbee Road & U.S. Intersection Improvements project. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funds are available in Transportation TrustlImpact FeeslRoad Impact Fees in account 10 1 006-4116-563000-4407. . 101006-205100 Contracts Payable Retained PREVIOUS ACTION: April 6, 2004 _ Board approved to reject the lone bid and to revise the plans and bid documents in order to reduce the project cost. June 8, 2004 - Board approved award of the project to Ranger Construction Industries, Inc. in the amount of$310,173.93 August 16,2005 - Board approved Change Order #1 in the amount of$35,141.91. September 27,2005 - Board approved Work Authorization No.3 with Inwood Consulting Engineers in the amount of $6,600.00 to modify the drainage system with the new driveway. January 17,2006 - Board approved Change Order #2 in the amount of$61,191.07. April 4, 2006 - Board approved Change Order #3 for time only. June 13,2006 - Board approved Change Order #4 in the amount of$6,838.74 RECOMMENDATION: Staff recommends the Board accept the project; release retainage in the amount of $40,132.66 and make Final Payment in the amount of $52,151.70. [x] County Attorney [x] Originating Dept. Public Works (Check for copy only, if applicable) [x] Mgt. & Budget [x] Exec. Assis. [ Proj. Man. M tf [ Env. Res. Dep. ç ~A-f\c.e, (Y\V COMMISSION ACTION: [)(. APPROVED [ ] OTHER [ ] DENIED Approved 5-0 APPLICATION FOR 10 AND FINAL PAYMENT -, [';)1 1 "'j.~~I~i.\i L\A;\,: 1.-1 . L ENGINEEiP;!' __..,. .J -' PROJECT NAME: WEATHERBEE ROAD/US-l OWNER: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA ENGINEER'S PROJECT NO.: #0 CONTRACTOR: RANGER CONST. IND. INC. CONTRACT DATE: APPLlCA nON AMOUNT: $ 47.435.93 APPLICATION DATE: June 6 2006 INITIAL CONTRACT AMT. i FOR PERIOD ENDING: Mav 312006 BASED ON EST. QUANTITIES $ TABtlLATION OF AMOllNT DUE THIS APPLICATION BY CONTRACTOR AS APP. BY ENG. TOTAL WORK TO DATE $ LESS PREVo PA Y. (-) $ SIIB.TOTAL S LESS FAILED LAB TESTS 412.810.65 365.374.n 47.435.93 5310,1,'}.O,3 S 3'" f 'fl. 91 -.. c.~ 1'1 t. OÎ M ~ 'Y.)~. ~.::. / S~~ 3!.{...>~ $ ~~ 1'1.. 9:S S " ~J~ (-) $ TOTAL CONTRACT AMOUNT COMPLETED TO DATE (SEE ATTACHED "ESTIMATE OF COMPLETED WORK") 5 309.638.93 CHANGE ORDER NO. I @ $ ì ...¡ PREVIOUS PAYMENTS ~I -9 S 365.174.n ~2 S #3 5 #4 5 @_%COMP S 103.171.n AMOlINT DlIE nNAL PA YMENT. EXCEPT FOR ANY LIQUIDATED DAMAGES ASSESSED BY BOARD 6' ·S" "ù $~~¡..I '" CONTRACTOR'S AFFIDA VIT THE UNDERSIGNED CONTRACTOR HEREBY SEARS tiNDER PENALTY Of' PERJURY TIIA TALL OBLIGATIONS INCIIRRED BV THE CONTRACTOR tiNDER THIS CONTRA<.î' TO DATE HAVE BEEN DISCHARGED IN FULL: THAT NO SUITS ARE PENDING IN CONNECTION WITH THE WORK llNDER THE CONTRACT: THAT THE CONTRACTOR AGREES TO TilE TOTAL FINAL PRICE OF 5412,810.65 AND FINAL PAYMENT OF 5 47.435.93 AS FULL SETTI.EMENT OF HIS ACCOlINT UNDER THE CONTRACT AND OF ALL CLAIMS IN CONNECTION THEREWITH. CONTRAC~?~. RANGEI3..SUU~~ION INDUSTRIES. INC. BY: 7Jlftk/C .' /j"> I COlINTY 01 PALM BEACH STATE OF FLORIDA TITLE: President - Cenlral Division BEFORE ME TlIIS61h DAY OF JUNE 2006. PERSONALLY APPEARED Miehael Slade KNOWN TO ME. WHO BEING DUL Y SWORN, DID DEPOSE AND SA Y THAT liE IS THE PRESIDENT - CENTRAL DIVISION OF TIlE CONTRACTOR ABOVE MENTIONED: THAT HE PREPARED ATIACHED APPLICATION FOR PAYMENT AND EXECUTED ABOVE AFFIDAVIT ON BEHALF OF SAID CONTRACTOR: AND THAT ALL OFTHE STATEMENTS CONTAINED THEREIN ARE TRUE, CO irE. , NANCYE c. MYlES ( - MY COMMISSION I DD 526539 EXPIRES: July 1, 2010 ThNN_"",",U- MY COMMISSION EX TO: BOARD OF COllNTY COMMISSIONERS. ST. LUCIE COUNTY. .'LORIDA TilE ABOVE APPLICATION FOR PAYMENT BY THE CONTRACTOR HAS BEEN REVIEWED BY THE ENGINEER. THE ENGINEER HEREBY APPROVES FINAL PA YMENT UNDER THIS APPLICATION IN THE AMOUNT OF S~;¡ ~ lÆ... 7 () , LESS LIQUIDATED DAMAGES ASSESSED BY BOARD, WITH ACTUAL PAYMENT SIIBJECT TO CONTRACTOR'S SIGNING ABOVE AFFIDAVIT. ~ .. FINANCE NOTE ST LUCIE COUNTY ENGINEERING DEPT. DATE: APPROVED BY Michael V. Powley, P.E. Count)' Engineer Donald B. West. P.E. 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C-6D DATE: October 10, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Professional Engineering Services Stormwater Management - Work Authorization No.2 with Creech Engineers, Inc. for Paradise Park Subdivision Stormwater Improvements Phase III. BACKGROUND: See attached memorandum. FUNDS AVAIL.: Funds will be made available in Drainage Maintenance MSTU-Stormwater Mgt.: 102001-3725-563005-42511 $163,095.00 Paradise Park - Infrastructure Eng. 102001-3725-563021-42511 $20,305.00 Paradise Park - Infrastructure Reimb. PREVIOUS ACTION: April 2, 2002 - Board approved Paradise Park Phase I Drainage Improvements. September 20, 2005 - Board approved Paradise Park Phase II Drainage Improvements. RECOMMENDATION: Staff recommends approval of Work Authorization NO.2 with Creech Engineers, Inc. in the amount of $183,400.00 for Paradise Park Subdivision Stormwater Improvements Phase III, and authorize the Chairman to sign. tlr _no _.natlon/Slanatures [x]Mgt. & Budget fL tJ [x]Civil Eng ~...~ - [x]Exec. ASSt..~ t\ [ ]Other COMMISSION ACTION: 1'] APPROVED [ ] OTHER: [ ] DENIED Approved 5-0 [x]County Attorney (,]Ori,'",'O, DepL p"~" w_~ j ". (' t DIVISION OF ENGINEERING MEMORANDUM 06-272 Via: Michael Powley, P.E. - County Engineer Barbara Meinhardt - Executive Assistant fIS''^ TO: FROM: Kyle Croce, P.E. - Senior Project Engineer Date: October 2,2006 Subject: Paradise Park Phase 3 Drainage Improvements Contract # C06-04-237 <S;;;_. .=- :;;;;~:::c:~-===:::- .~::;;;-- =- . ...æ> Attached is Work Authorization No. 2 with Creech Engineers, Inc. in the amount of $183,400.00 for the Paradise Park Subdivision, Phase III. The consultant will perform surveying, permitting, hydrological and hydraulic modeling, and will provide detailed design and construction plans as outlined in the attached scope of services. attachments: Work Authorization No. 2 cc: Don West, P.E. - Public Works Director Craig Hauschild, P.E. - Assistant County Engineer j A..:. r' 1 WORK AUTHORIZA nON NO.2 Engineering Services Stormwater Management C06-04-237 Paradise Park Drainage Improvements Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and Creech Engineers, Inc. (the "Engineer" dated April 4, 2006, the Engineer agrees to provide the Scope of Services described in Exhibit "A" and for the Compensation described in Exhibit "B". All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit "C". IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: :~ÇL Print Name: Ge"cr-r::y- ~ l:J ~~ Creech Engineers, Inc. Date: G\ : ~,' Paradise Park Roadway and Drainage Improvements Proposal for Engineering Services September 15,2006 26011.01(00) Exhibit A SCOPE OF BASIC SERVICES Task 01 - Aerial Mapping Field Survey Support The roadway and drainage improvement construction plans will be developed as part of the implementation of the Paradise Park Subdivision Storm Water Master Plan Study. The sub areas were previously defined as Systems 1 through 5. General site data was collected in connection with the plan study. Forthe final design, a complete design, topographic, and project control survey utilizing aerial mapping is recommended. Coordination with the aerial mapping subconsultant is included in this task. The tasks provided for under this item include: . Setting twelve (12) aerial targets with State Plane Coordinates and NAVD 1988 elevations . Coordination with the aerial mapping subconsultant, and review of mapping prior to incorporation to the electronic design files. Task 02 - Aerial Mapping and Photogrammetrv Aerial mapping will be provided, establishing planimetric coverage of Systems 1 through 5 of the Paradise Park Subdivision. Digital Terrain Model will be limited to limits of ground survey said to be 50 feet each side from centerline alignment. Planimetrics from aerial survey will be provided for System 3 area. The tasks provided for under this item are described in the attached scope of services from the subconsultant. Task 03 - Design, Supplemental Topographic, and Proiect Control Surveys The Supplemental topographic survey for Task 02 and Task 03 will be limited to obscured areas not obtained by flight planimetrics, 50 feet each side from the centerline alignment for System 3 (Limits of Project Survey), as described below: The area bounded on the south by Juanita Avenue, on the east by 17th Street, on the north (along FPFWCD Canal No.1) by Woodward Street, and on the west by North 21 st Street. The Paradise Park community swimming pool facility is not included in the area. Survey work shall be performed in general accordance with the Florida Board of Professional Surveyors and Mappers Minimum Technical Standards Chapter 61G17-6 Florida Administrative Code. Field survey data will be recorded electronically on digital media, and provided in AutoCAD® 2000 format files.. .. If,\..- .. Paradise Park Roadway and Drainage Improvements Proposal for Engineering Services September 15, 2006 26011.01(00) A Geodetic Control Survey will be performed to establish twelve (12) Primary Project control monuments. Coordinate values for the monuments will be established and based upon the North American Datum of 1983 (NGS) adjustment of (1990), State Plane Coordinate System, Florida East Zone 0901, Transverse Mercator Projection. Aerial Targets will be positioned in accordance with the Photogrammetry control diagram in order to meet a final map scale of 1" = 20'. Bench runs will be performed and elevations will be established upon the Primary Project Control monuments based upon NAVD (1988) datum. Calculated baseline alignments will be shown along the centerline right-of-ways and the Primary Project Control monuments will be tied to the baselines by station and offset. A project Network Control Sheet will be completed showing the Monument Name, State Plane Coordinate Values, NAVD (1988) Elevations, and baseline station and offset. We will set iron rods and caps below the existing surface at the centerline right-of-way at the road intersections to be improved under this scope of services. Design and Topographic surveys will be performed in obscured areas to supplement the aerial planimetrics. Above ground utilities will be located within the limits of survey outlined above. As-built Drainage information will be gathered in areas designated by the Design Engineer for drainage analysis supplemental to areas outlined in Storm Water Master Plan and five (5) cross-sections will be performed at 100' intervals at the discharge location within the canal. Finish Floor elevations will be obtained at thirty five (35) houses. Soil bore locations will be collected as a part of the supplemental topo survey services. A Digital Terrain Model will be created merging the aerial planimetrics with the supplemental topographic survey, for the Limits of Project Survey. The tasks provided for under this item include: · Setting primary control GPS monuments on State Plan Coordinates at 1300' intervals · Providing bench runs through Primary Control GPS monuments · Collecting additional survey location data for items not obtained by planimetrics · Provide FPFWCD Canal NO.1 cross sections (500 linear feet at 100 ft intervals) · Finish floor elevations for up to 35 residences · Juanita Street supplemental design survey from 25th Street to just east of the bridge at FPFWCD Canal NO.1 · Stake out of soil boring locations for geotechnical investigation · Updating of planimetrics and topographic data for final DTM, Including translating of aerial mapper DTM for use with ACAD Land Development Desktop · Delivery of survey in electronic (ACAD) format; 1 "=20' design survey Task 04 - Base Mappina Services The title report for this project will be provided by St. Lucie County. The record plats, deeds, and easements will be calculated and a survey will be performed locating sufficient monuments to place the existing Right-of-ways for the area previously described as System 3 within the Paradise Park Neighborhood. Said base map willi be placed on State Plane Coordinates with the aerial map as a background. This is not Survey, but a base map to delineate the existing RNJ widths in their proper locations. ,~ ~ Paradise Park Roadway and Drainage Improvements Proposal for Engineering Services September 15, 2006 26011.01(00) The tasks provided for under this item include: · Calculate Record plats and RIW · Locate existing roadway centerline monuments and RIW · Provide Base Map in electronic (ACAD) format · Signed and sealed hard copy of base map on mylar media Task 05 - Geotechnical Services PROPOSED FIELD EXPLORATION PROGRAM To support the project, AACE will perform various geotechnical engineering tasks to provide subsurface data required for the design. Based on their experience with subsurface conditions in the general site vicinity and their understanding of the proposed construction, they propose to perform the following scope of field and laboratory testing services: . Perform ten (10 ) auger boring along the roadways within the study area. The borings will be performed in general conformance with ASTM D-1452 and will be advanced to a depth of about 6 feet, with every fifth boring being advanced to a depth of 15 feet below land surface (bls). The purpose of the borings will be to explore for the presence of unsuitable soils (e.g. organic muck) as well as soils that may. be problematic during utility/stormdrain construction (e.g. clayey soils). The borings will be performed using either a 3-inch diameter hand (bucket) auger, or with a 4-inch diameter truck-mounted continuous flight auger. The depth- to-groundwater will be measured after stabilization of the down-hole water levels on the dates drilled. · Perform up to two (2) auger borings within the proposed retention pond location to a depth of 15 feet bls. The purpose of the borings is to explore the various subsurface strata with regards to their potential impact on the drainage of the future pond, and also to comment on the soil which will be excavated from the pond relative to its use as structural fill and/or roadway embankment. · Perform one (1) South Florida Water Management District (SFWMD) usual open-hole fie'ld exfiltration tests within the proposed pond site to obtain a soil hydraulic conductivity values for your firm to use in a drainage design for the project. · Perform (1) Double Ring Infiltrometer (DRI) test at the second pond location. · Obtain soil samples from the auger borings for laboratory testing. This includes routine testing for AASHTO classification and may include standard sieve analyses, Atterberg Limits testing, organic content testing, etc. · Obtain four (4) bulk soil samples from the existing unpaved roadways within the subject area for Limerock Bearing Ration (LBR) testing. · Prepare a Limited Roadway Soil Survey report incorporating the data obtained during the ....l, ... Paradise Park Roadway and Drainage Improvements Proposal for Engineering Services September 15, 2006 26011.01(00) laboratory and field programs, and presenting AACE's recommendations relative to in-situ soil suitability, pipe bedding, trench backfill, and other related elements. The report will also address the suitability of in-place soils relative to their use as base and/or subgrade. The report will be prepared in general conformance with FDOT's soil survey guidelines with soil boring profiles presented in AutoCADD for inclusion on the project roadway cross sections. The tasks provided for under this item (in addition to those outlined above) include: . Review of geotechnical report prior to submittal to St. Lucie County . Coordination with St. Lucie County for inclusion of report data to project design Task 06 - Preliminary Lavout and Pond Site Development The CONSULTANT will prepare a base map from the design survey information and from the existing data provided by St. Lucie County. The preliminary layout will be developed using the concept presented in the Storm Water Master Plan, modified for final design and site conditions. The preliminary layout will consist of roll plans indicating the design for review and discussion with the COUNTY. Pond Site Analysis will be conducted along with the preliminary layout development to determine the most viable design using available sites within the drainage basin. The one or two possible pond sites will be evaluated to ensure compliance with water quality, and quantity requirements. Using the preliminary pond site analysis and development, recommendations will be presented to the COUNTY in order to begin property acquisition for the pond location(s). The pond siting concepts will be based on the previously prepared Master Drainage Plan. This concept provides the approximate sizing as well as the preliminary location for review. A letter report presenting the Pond Site analysis and recommendations will be provided. Land values will be provided by the COUNTY. We will meet up to two (2) times with the COUNTY representative to review and discuss the results of the Preliminary Design Services. The objective will be to ensure the COUNTY accepts the final design. Based upon the decisions from the Preliminary Design Phase, the CONSULTANT will prepare the final design and construction plans. The COUNTY'S Typical Standard Drawings and Details will be incorporated as required. The tasks provided for under this item include: · Confirm local standards and requirements · Prepare Draft Letter Report · Submit final report prior to 90% plans t~ t , Paradise Park Roadway and Drainage Improvements Proposal for Engineering Services September 15, 2006 26011.01(00) Task 07 - Drainaoe Desion The drainage design and plans will provide for the addition of swale inlets along the existing roadways in the project area as well as for the treatment of runoff from the proposed new paving. The drainage system will address water quality, quantity, and flood plain issues. The drainage system will be designed under the rules of SFWMD/FPFWCD and St. Lucie County as applicable. Additionally the CONSULTANT will identify locations in the design plans where utility verification is required, then review these with the COUNTY to establish the complete list of locations for verification. Once the list has been approved by the COUNTY, the CONSULTANT will coordinate the field survey for locations, and direct the utility locator subconsultant to collect the data. When the subconsultant provides the final utility verification data to the CONSULTANT, the information will be reviewed, then incorporated into the final construction plans. The tasks provided for under this item include: · Update of the drainage design and system for approved pond site · Compile existing drainage data · Conduct field review of existing drainage patterns · Develop surface water model · Development and Refinement of drainage model · Incorporation of design to construction plans · Prepare Drainage Report · Conduct Drainage Review with St. Lucie County following 60%, and 90% submittal (in connection with Roadway Plan review) · Coordination meetings with St. Lucie County (up to 2) · Field flagging of locations for investigation as directed by the Roadway Designer (max. 10 locations) · Coordination with underground utility locator subconsultant · Incorporation of information to final construction plans Task 08 - Roadwav Desion It is understood that the COUNTY desires to improve the surfaces of the existing dirt roads within the project area (approximately 6,000 linear feet) through application of chip and seal asphalt along with micro-sealing. Roadway improvements will not be provided for Juanita Avenue at this time - only drainage and new sidewalk along the North side within the project limits. The design cross slope will be set at 2 percent with crown in the center of the roadway. Additionally, 5-foot wide paved shoulders on one or both sides are desirable depending upon the available right-of-way. Final incorporation of paved shoulders will be contingent upon available right-of-way. Determination will be made during the preliminary design (30% plan) phase. Roadway plans will be designed in accordance with the Typical Section approved by St. Lucie County. Drainage design and pavement signing and marking details will be incorporated into the final roadway plans. The design will be presented at 1"=40' scale for submittal on 11" X 17" format. ~ ( Paradise Park Roadway and Drainage Improvements Proposal for Engineering Services September 15, 2006 26011.01(00) Desicn of New Pavement: The CONSULTANT will provide a proposed pavement design based on the COUNTY's desired improvement for review prior to the 30% plan stage, for approval and incorporation to the final design. We will submit plans at 60%, 90% and 100% along with draft technical specifications to the COUNTY for review and comment. An opinion of probable construction costs will be included with these submittals. Plans will be provided at the 30% development stage (complete survey, and concept layout) for COUNTY information. No formal review will be conducted for the 30% design stage plans. Comments from the COUNTY will be incorporated into the plans and technical specifications for issuing a final set of plans for bidding purposes. The tasks provided for under this item include: · Survey review and confirmation of Base Mapping · Conduct initial coordination with area Utility companies · Coordination with St. Lucie County · Develop Concept layout · Develop initial and final cross sections · Develop roadway typical section · Develop and review pavement design with St. Lucie County · Conduct final utility coordination · Develop plan details and summaries · Provide quantities and opinion of probable cost for 30%, 90%, and 100% plan · Conduct construction plan review with St. Lucie County at 30%, and 90% plan (in conjunction with drainage plan review) · Develop traffic control plan notes · Provide erosion and sedimentation control plans · Coordination meetings with St. Lucie County (up to 2, in addition to the regular plan review meetings, and in conjunction with Drainage Design Review) · Review of geotechnical report prior to submittal to St. Lucie County · Coordination with St. Lucie County for inclusion of geotechnical engineering report data to project design Task 09 - Permittina Services CONSULTANT will prepare and submit five (5) copies of the South Florida Water Management District (SFWMD) General Notice Environmental Resource Permit (ERP) application for the project construction. The permit application submittal will include coordination (but not including separate permit application) with Ft. Pierce Farms Water Control District (FPFWCD) for construction adjacent to their Canal NO.1. A copy of the complete SFWMD permit package will be provided to FPFWCD at the time of application, but no separate FPFWCD application and/or review is provided for in this scope. .. Paradise Park Roadway and Drainage Improvements Proposal for Engineering Services September 15, 2006 26011.01(00) " '.. As a matter of course, the SFWMD will notify the Army Corps of Engineers (ACOE). The ACOE may want to unilaterally issue an additional permit. This is not included in this Scope at this time. Based upon initial inquiry to SFWMD, there may be an existing Environmental Resource Permit in the vicinity of the project. If application for permit modification is required by the District, this will be provided for under supplemental scope and agreement. We will respond to up to 2 (two) Requests for Additional Information (RAI) for the application and resubmit. The tasks provided for under this item include: · Contact and coordination with SFWMD and/ FPFWCD · Research existing permits · Request and Conduct pre-application and pre-design meeting · Prepare permit application, exhibits and documents · Prepare and submit permit application · Prepare up to two (2) RAI responses for SFWMD General Notice ERP application Any application fees are not included in this scope and will be provided by St. Lucie County. Task 10- Utility Verification Survey The CONSULTANT will provide utility verification survey for locations identified in Task 7, Drainage Design. The tasks provided for under this item are described in the attached scope of services from the subconsultant. Task 11 - Proiect Drainaae Certification Project Drainage Certification will be provided for final compliance with SFWMD/FPFWCD requirements. A final 'record' or 'as-built' survey will be provided by the County Surveyor. This information will be used in preparation of the final project certification: The Project Drainage Certification task includes: A. Periodic Construction observation (not inspection) to support final project certification. B. Coordinate with SFWMD/FPFWCD for final project drainage certification. · t.., Paradise Park Roadway and Drainage Improvements Proposal for Engineering Services September 15, 2006 26011.01(00) ADDITIONAL SERVICES We will provide, as requested by the COUNTY, additional services that require analyses beyond those described above. These additional services may include, but not be limited to: A. Additional meetings; B. Additional permitting services (FDEP, etc.); C. Alternative designs (Le. value engineering revisions past 90% plan development) or alternate bid items; D. Construction field meetings; E. Construction observation and support, including construction inspection, shop drawing review, or preconstruction conference and coordination; F. Additional engineering and/or surveying services beyond the scope of this contract; Additional services, should they be requested, will be provided on a Time and Materials (Hourly) basis or on the basis of a mutually agreed upon Lump Sum Fee. DOCUMENTS PROVIDED BY THE COUNTY It is understood the following items will be, or have been, provided by the COUNTY: A. Underground utility 'record drawings' obtained from COUNTY records, ground penetrating radar (if available), and other locating methods; B. Applicable St. Lucie County Engineering design standards for inclusion to plans; C. Title report including existing right-of-way and easements of record; ). Paradise Park Roadway and Drainage Improvements Proposal for Engineering Services September 15, 2006 26011.01(00) ~ ' , .. FEES AND BILLING Billing will be invoiced monthly based on the percentage complete for Lump Sum Tasks and for services actually provided for Time and Materials (Hourly) Tasks. Reimbursable expenses are included in the Lump Sum Fees. SUMMARY Creech Engineers. Inc. is extremely pleased to provide you with our professional services as outlined above. Our fees for the above listed services do not include permit or filing fees. This proposal along with the attached General Conditions represents the entire understanding between the COUNTY and the CONSULTANT with respect to the Project. and may only be modified in writing and signed by the COUNTY and the CONSULTANT. If this satisfactorily sets forth your understanding of our agreement, please attach this to the County's standard Agreement for Services, forward this for approval by the COUNTY, and return it to my attention at our Jupiter address. .~. ~~ ~.. ..--,./: - "" ~ George- J. Beck, Agent Senior Project Manager Creech Engineers, Inc. Qbeck@creechinc. com GJB/le Attachments t t f . .. Î I Paradise Park Roadway and Drainage Improvements Proposal for Engineering Services September 15, 2006 26011.01(00) Exhibit B (Revised 09/20/06) FEE SCHEDULE We will provide the services outlined above for the Lump Sum Fees as detailed below: Gio'_"./>,,,,..,....'."_..._"""'..,_.~_.:...,..,...y,.-':";O...~~$~..<~'--·~···,,·..~...........,~r.IIt.-.....'~~,..AJ..-""""'.__·_··1''t'"--,:¡¡¡¡¡''- -~·ç·'"'"·,.~--.-î TASK . FEE I Task 01 - Aerial Mapping Field Survey Support $ 8,695\ Task 02 - Aerial Mapping and Photography $11,350 i ! Task 03 - Design, Supplemental Topo, and P.C. Survey $49,100 ; I Task 04 - Sase Mapping $17,700 I Task 05 - Geotechnical Services $ 6,155 Task 06 - Preliminary Layout and Pond Siting Development $13,600 Task 07 - Drainage Design $21,100 t TélSk 08 - Roadway Design $33,000 N Task 09 - Permitting $12,900 ! Task 10- UtilityVerification (Pothole) Survey.J .2..8001 , Task 11 - Project Drainage Certification $ 7,000 ¡ ! ¡ ¡ I ¡ E----u .___1 ",~U_'W~"~~__"_V~"'<'Rr~..._rm'~_~-~---'--'-"----- --.-1 .~_,_,~".~,,__ .._"r,..",..,...~_."~,.~_",'n~_'~'''''_''_W-'"'~~'''"''' ...!.~!!.~_.....!1~'!~~.9..QJ .....--.--,- ,.-"..-- . 0.-___-·- __0.'__0""__"_'_"_· -.----'''.... Additional services, if required, will be provided on a Time and Materials (hourly) basis or on the basis of a mutually agreed upon lump sum fee. Reimbursable expenses are included in the listed fees. ì t'. . ) , Paradise Park Roadway and Drainage Improvements Proposal for Engineering Services September 15, 2006 26011.01(00) Exhibit C Preliminary Project Schedule St. Lucie County Public Works Paradise Park Drainage and Roadway Improvements eEl Project No. 26011.01 Milestone Duration Q!!! Notice to Proceed 9/19/2006 Aerial Survey 4 weeks 10/20/2006 Suppl Design Survey & Base Mapping 8 weeks 11/3/2006 Initial Agency and Utility Coord * 1 week 10/20/2006 Geotechnical Investigation 4 weeks 10/20/2006 and Prelim. Report * Preliminary layout and Pond 2 weeks 11/17/2006 Site Development Develop Roadway Typical Sections 1 week 11/22/2006 incl pavement design review Final Geotech Report * 2 weeks 12/1/2006 Develop 30% Plan (copy SLC) 3 weeks 12/22/2006 Coord Permit Req's and prep appl. * 1 week 1/5/2007 Develop 60% Plan 4 weeks 1/26/2007 SLC Review complete 3 weeks 2/16/2007 Final Utility Coord 1 week 2/23/2007 Utility Verification (pot hole) * 2 weeks 3/9/2007 Permit Status Check 1 week 3/2/2007 Develop 90% Plan 4 weeks 3/30/2007 SLC Review complete 3 weeks 4/20/2007 Finalize Plans (100%) 2 weeks 5/4/2007 All Permits Received # 1 week 5/11/2007 Final Submittal 1 week 5/18/2007 As-Built Survey and Project Certification 6 weeks * - Concurrent with other tasks # - Subject to Agency Reviews Note: Dates shown are approximate and are contingent in part on actual project notice to proceed. } ~ f _ -~ Creech Engineers, Inc. General Contract Provisions Article 1 Scope of Services 1.1 The Consultant shall perform for the Client only those professional engineering and/or surveying and mapping services specifically described under this Agreement. However, if requested by the Client and agreed to by the Consultant, the Consultant shall perform or obtainfrom others additional services ("Additional Services") and will be compensated for these additional services as set forth below. Additionally, the Consultant is authorized to render or furnish, without waiting for specific authorization from the Client, those additional services which in the Consultant's opinion are clearly in the Client's interest and advance authorization cannot be obtained. In the event of the pe'rformance of such Additional Services, the Consultant will notify the Client as soon as practical of the necessity and scope of the services. Article 2 Client's Responsibilities 2.1 The Client shall provide all necessary information regarding requirements for the project. The Client shall furnish such information as expeditiously as necessary for the orderly prog ress of the work and the Consultant shall be entitled to rely on the accuracy and completeness thereof. 2.2 The Client shall designate a representative authorized to act on the Client's behalf with respect to the project. The Client or such authorized representative shall have complete authority to issue instructions, receive information, interpret. and define the Client's policies. Article 3 Use of Consultant's Documents 3.1 All documentation, including but not limited to drawings, specifications and data or programs stored electronically, prepared, provided or furnished by the Consultant pursuant to this Agreement are instruments of service in respect of the Project, and the Consultant shall be deemed the author of these documents whether or not the Project is completed. The Client may reproduce and retain copies for information, reference, and use in connection with the Project. Any reuse without prior written permission or modification by the Consultant for the specific purpose intended will be at the Client's sole risk and without liability or legal exposure to the Consultant. &Ad HI"" {'1I~nt :::ihi;tllllld'W""1;ry Gild I.(,old the ~8R~I,lt::Jnt h@rmless frnm !:ill ~laiFf\s, d8mllgt~, 1~5e3 8"8 8KpaAtes induding but nnt limit9? t9 atterflsy's ieeE "!!Iric:ing nut nf nr 'A~MltiRi there4com. Article 4 Times for Rendering Services 4.1 The Consultant will commence work after receiving a fully executed copy of this Agreement and shall complete the services within a reasonable length of time. The Consultant's services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress through the completion of the Consultant's services. 4.2 If the Consultant's services are delayed or suspended in whole or in part through no fault of the Consultant, the times of performance shall be extended to the extent of such delay or suspension. Such delay or suspension shall not terminate this Agreement unless the Consultant elects to terminate by written notice in accordance with the provisions contained in this Agreement. If such delay or suspension extends for more than six (6) months for reasons beyond the Consultant's control, the various rates of compensation provided for herein shall be subject to renegotiation. Article 5 Payment for Services 5.1 The Client shall compensate the Consultant for professional engineering and/or surveying and mapping services as follows: 5.1.1 Tasks for which lump sum amounts have been established will be billed monthly based on the percentage complete. 5.1.2 Tasks which will be charged on an hourly basis will be billed according to the hourly rates in effect at the time the services are performed. The current hourly billing rates have been attached to these General Contract Provisions. 5.1.3 If the Consultant performs Additional Services, the Client shall pay the Consultant for the performance of those Additional Services an amount based upon the Consultant's hourly rates in effect at the time the Additional Services were rendered for the actual time spent by the Consultant plus an amount to cover Reimbursable Expenses. 5.2 Invoices will be submitted by the Consultant to the Client monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. Payments are due within thirty (30) days of the Consultant's invoice. 5.3 If the Client fails to make any payment due the Consultant for services and expenses within thirty (30) days after receipt of the Consultant's invoice, the amounts due the Consultant will be increased at the rate of 1.5% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth (30'h)day; and, in addition, the Consultant may, after giving seven (7) days' written notice to the Client, suspend services under this agreement until the Consultant has been paid in full all amounts due for services, expenses and charges. 5.4 In the event any invoice or portion thereof remains unpaid for more than sixty (60) days following the invoice date, the Consultant may initiate collection proceedings to collect the same and recover, in addition to all amounts due and payable including accrued interest, its reasonable collection fees, øttBfne~'!I fBali, ¡"cOwgiRl! r. jll~ I!IMar...1''' r.. 'lIg 9t~"r øpeRli9$ r"l¿~"[ù .1.6 . IIrB&alding.. Article 6 Opinions of Cost 6.1 The Consultant's opinions of probable cost provided for herein are to be made on the basis of the Consultant's experience and qualifications and represents the Consultant's best judgment as an experienced and qualified professional engineer. However, since the Consultant has no control over the cost of labor, materials, equipment, and services furnished by others, or over methods of determining prices, or over competitive bidding or market conditions, the Consultant cannot and does not guarantee that J ~ :t ~ _ ) {roposals, bids or actual costs will not vary from opinions of cost prepared by the Consultant. Ifthe Client wishes greater assurance as to probable cost, the Client shall employ an independent cost estimator to make such determination. Article 7 Termination 7.1 This Agreement may be terminated by either party upon seven (7) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. In the event of any termination, the Consultant will be paid for all services to the date of termination, all expenses subject to reimbursement hereunder, a"~U"'7 etfIer '<!CdS,). ,abl~ !:)(I'e"sea iAet:IrFed by ~ "$ If re,"'t ~ell te" ~". In the event the Consultant's compensation under this Agreement is a lump sum fee, upon such termination the amount payable to the Consultant for services rendered will be a proportionate amount ofthe lump sum of the amount of work done as reasonably determined by the Consultant, to the total amount of work which was to have been performed, less prior partial payments, if any, which would have been made. Article 8 Insurance 8.1 The Consultant shall provide and maintain during the term of this Agreement Workers' Compensation Insurance in the amount required by law, Errors and Omissions Liability Insurance in an amount not less than $1 ,000,000.00 and Comprehensive General Liability Insurance in an amount not less than $1 ,000,000.00 per occurrence. If requested, the Consultant shall provide the Client with certificates evidencing such insurance. Ifthe Client specifically directs the Consultant to obtain increased insurance coverage, or if the nature of the Consultant's activities requires additional Worker's Compensation or similar insurance coverage, the Consultant will take out such additional insurance, if obtainable, at the Client's expense. Article 9 Controlling Law 9.1 This Agreement is to be govemed by the law of the principal place of business of the Consultant. The parties consent to the proper venue for any litigation involving this contract is""'" County, Florida. 5f µ"C (îrticle 10 Successors and Assigns 10.1 The Client and Consultant, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of this Agreement. Article 11 Severability 11.1 Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Client and Consultant. Article 12 Direct Expenses 12.1 Direct Expenses are all costs, including but not limited to those incurred by the Consultant for duplicating, facsimile, mileage, long distance telephone, postage, courier, in-house, and outside blueprinting. Article 13 Integrated Agreement 13.1 The Client and the Consultant acknowledge that the written terms of this contract constitute the entire agreement between the parties. All prior or contemporaneous negotiations, discussions, or agreements merged into this written agreement. Article 14 Concurrency 14.1 The design and permitting effort neither implies nor guarantees that concurrency will be met at the time of construction of the first phase or subsequent phases, nor is it the responsibility of the Consultant to continuously monitor levels of service or infrastructure capabilities. .. ~~. fir' - '...../ CREECH ENGINEERS INC. e:: IVILIZ.A..TIC:>N E Nc::;.INEERE L""""> Jensen Beach Melbourne Tallahassee Jupiter HOURL Y RATE SCHEDULE Engineering Hourly Survey Hourly Classification Rates Classification Rates Principal $ 175.00 Sr. Professional Surveyor $ 115.00 Senior Professional Engineer $ 145.00 Professional Surveyor $ 105.00 Senior Project Manager $ 140.00 Survey Manager $ 95.00 Professional Engineer $ 130.00 Sr. Survey Technician $ 75.00 Project Manager III $ 120.00 Survey Technician II $ 60.00 Project Manager II $ 110.00 Survey CADD Technician $ 55.00 Project Manager I $ 100.00 4 Person Survey Crew $ 140.00 Sr. Project Engineer $ 95.00 3 Person Survey Crew $ 132.00 Project Engineer III $ 85.00 2 Person Survey Crew $ 95.00 Project Engineer II $ 75.00 3 Person GPS Survey Crew $ 150.00 Project Engineer I $ 65.00 2 Person GPS Survey Crew $ 100.00 Designer $ 65.00 Clerical Technician $ 50.00 Sr. Technician $ 65.00 Technician II $ 60.00 Technician I $ 55.00 Inspector $ 60.00 Engineering Specialist $ 50.00 Effective Date: January 1, 2006 ITEM NO. C-7 A DATE: 10/10/2006 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: Desiree Cimino, Interim Director SUBJECT: Award of RFP #06-090 - Actuary Services for other Post-employment Benefits BACKGROUND: N/A. FUNDS AVAILABLE: Account #505-1900-531000-1916 (Health Insurance Fund- Professional Services) PREVIOUS ACTION: Please see the attached memo. RECOMMENDATION: Staff recommends Board approval to negotiate with the top three ranked firms: 1) Buck Consultants, LLC, 2) Milliman, Inc., and 3) RSM McGladrey, and authorize the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: oc.) APPROVED () DENIED ( ) OTHER County Attorney (X) Originating Dept. ( ) :K Coord ination/Siq natures Purchasing (X) '^~ Other ( ) Approved 5-0 Mgt. & Budget (X) Other ( ) t Finance: (check for copy, only if applicable)_ PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Desiree Cimino, Interim Purchasing Director DATE: September 27,2006 RE: Award of RFP #06-090 - Actuary Services for other Post-employment Benefits BACKGROUND: On August 2,2006, submittals received for RFP #06-090 were opened. Five hundred and thirty-nine (539) companies were notified, twenty (20) documents were distributed, and eleven (11) submittals were received. The Selection Committee met on September 27, 2006 and ranked the proposals as follows: Company Name Score RankinQ Buck Consultants, LLC 331 1 Milliman, Inc. 315 2 RSM McGladrev 309 3 Alliance Benefit Group 302 4 Gallaqher Benefit Services 291 5 Gabriel, Roeder, Smith & Company 289 6 Clark Consultinq 254 7 Bolton Partners, Inc. 247 8 EFI Actuaries 220 9 MidAmerica Actuarial Solutions, Inc. 217 10 The Seqal Company 215 11 The Committee motioned to request Board approval to negotiate with the top three ranked firms, and permission for the Chairman to sign a contract following negotiations. RECOMMENDATION: Staff recommends Board approval to negotiate with the top three ranked firms: 1) Buck Consultants, LLC, 2) Milliman, Inc., and 3) RSM McGladrey, and authorize the Chairman to sign the contract as prepared by the County Attorney. BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT DESIREE CIMINO INTERIM DIRECTOR TABULATION SHEET - RFP# 06-090 ACTUARY SERVICES FOR OTHER POST-EMPLOYMENT BENEFITS OPENED: AUGUST 2, 2006 AT 3:00 P.M. ELEVEN (11) PROPOSALS WERE RECIEVED: Alliance Benefit Group Contact: Thomas Totten; Phone: (800) 428-7106; Fax: (317) 254-4480 Address: 9320 Priority Way West Drive, Indianapolis, Indiana 46240 Bolton Partners. Inc. Contact: Robert Bolton; Phone: (443) 573-3934; Fax: (410) 685-1924 Address: 575 South Charles Street, Suite 500, Baltimore, Maryland 21201 Buck Consultants. LLC Contact: Michelle LeVecque; Phone: (727) 781-8581; Fax: (727) 772-6915 Address: 3431 Lake Shore Lane, Clearwater, Florida 33761 Clark Consulting Contact: Douglas Black; Phone: (770) 261-4060; Fax: (770) 261-4089 Address: Two Lakeside Commons, 980 Hammond Drive, Suite 1200, Atlanta, GA 30328 EFI Actuaries Contact: Gregory M. Stump; Phone: (484) 442-8337; Fax: (484) 442-8341 Address: 5 Cold Spring Land, Media, Pennsylvania 19063 Gabriel. Roeder. Smith & Company Contact: Theora Braccialarghe; Phone: (954) 527-1616; Fax: (954) 525-0083 Address: 301 East Las Olas Blvd., Suite 200, Fort Lauderdale, Florida 33301 Gallaaher Benefit Services Contact: Thomas Skurat; Phone: (561) 998-6706; Fax: (561) 998-6708 Address: 2255 Glades Road, Suite 400E, Boca Raton, Florida MidAmerica Actuarial Solutions. Inc. Contact: Michel J. Blackburn; Phone: (863) 688-4500; Fax: (863) 686-9557 Address: 211 E. Main Street, Suite 100, Lakeland, Florida 33801 JOSEPH E. SMITH, District NO.1. DOUG COWARD, District NO.2. PAULA A. LEWIS, District No.3. FRANNIE HUTHINSON, District NO.4. CHRIS CRAFT, District NO.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TDD (772) 462-1428 website: www.co.st-lucie.fI.us , RFP# 06-090 Actuary Svcs. Tabulation Page 2 Milliman. Inc. Contact: Robert Dezube; Phone: (703) 917-0143; Fax: (703) 827-9266 Address: 1921 Gallows Road, Suite 900, Vienna Virginia 22182 RSM McGladrey Contact: Stacey Levine; Phone: (312) 462-6568; Fax: (312) 782-2191 Address: 191 N. Wacker Drive, Suite 1400, Chicago, Illinois 60606 The Seaal Company Contact: Leon Joyner, Jr.; Phone: (678) 306-3100; Fax: (678) 306-3190 Address: 2018 Powers Ferry Road, Suite 850, Atlanta, Georgia 30339 NUMBER OF COMPANIES NOTIFIED*: 539 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 20 NUMBER OF BIDS RECEIVED: 11 *per demandstar.com JOSEPH E. SMITH, District NO.1. DOUG COWARD, District NO.2. PAULA A. LEWIS, District NO.3. FRANNIE HUTHINSON, District NO.4. CHRIS CRAFT, District No.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TDD (772) 462-1428 website: www.co.st-Iucie.fl.us 1 ITEM NO. C-7B DATE: 10/10/2006 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: Desiree Cimino, Interim Director SUBJECT: Reject Bid for IFB #05-050 - White City Pedestrian Bridge BACKGROUND: N/A. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: Please see the attached memo. RECOMMENDATION: Staff recommends that the Board reject the sole submittal received for Bid 05-050, because it exceeded the project budget. COMMISSION ACTION: CONCURRENCE: County Attorney (X) ~~. Coord i nation/S iq natures Purchasing (X) LSJ~ Other ( ) O() APPROVED ( ) OTHER ( ) DENIED Approved 5-0 Mgt. & Budget (. .) Other ( ) Originating Dept. ( ) Finance: (check for copy, only if applicable)_ PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Desiree Cimino, Interim Purchasing Director DATE: September 27,2006 RE: Reject Bid for IFB #05-050 - White City Pedestrian Bridge BACKGROUND: On September 14, 2005, one submittal was received for Bid #05-050 - White City Pedestrian Bridge. Nine hundred and twenty-eight (928) companies were notified, fifty-four (54) documents were distributed, and the sole submittal from Sunbelt Construction Services was received. Since their bid exceeded the $40,000 budget, staff recommends that the bid be rejected. RECOMMENDATION: Staff recommends that the Board reject the sole submittal received for Bid 05-050, because it exceeded the project budget. MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: Desiree Cimino, Senior Buyer, Purchasing Kenneth Hall, Project Manager, Central Services ~ If- FROM: DATE: September 27,2006 SUBJECT: Bid # 05-050 White City Pedestrian Bridge ............................................................................... Sunbelt Construction Services bid of $68,625.00 was the only bid received on the White City Pedestrian Bridge. Since this was the only bid received and it came in over our budgeted figure of $40,000.00, Parks and Recreation and Central Services request the rejection of Sunbelt Construction Services bid. -~ (f) S :-I c.. r- (/') P" c: -0 (--) N ¡·'¡-·-ì 0:> ......-- !. ('..~) -0 C.:::: :2: x ~ :::::¡ -< ..t:: co BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT ED PARKER, DIRECTOR TABULATION SHEET - BID# 05-050 WHITE CITY PARK PEDESTRIAN BRIDGE CENTRAL SERVICES DEPARTMENT OPENED: SEPTEMBER 14, 2005 AT 2:30 P.M. THE FOLLOWING SUBMITTAL WAS RECEIVED: COMPANY NAME BID AMOUNT SUNBEL T CONSTRUCTION SERVICES TAMPA, FLORIDA $68,625.00 FAX: (813) 989-8001 NUMBER OF COMPANIES NOTIFIED*: 928 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 54 NUMBER OF BIDS RECEIVED: 1 *per demandstar.com JOSEPH E. SMITH, District NO.1. DOUG COWARD, District NO.2. PAULA A. LEWIS, District NO.3. FRANNIE HUTHINSON, District NO.4. CHRIS CRAFT, District NO.5 County Administrator- Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TDD (772) 462-1428 website: www.co.st-Iucie.fl.us TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT ITEM NO. C-7C DATE: 10/10/2006 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) PRESENTED BY: Desiree Cimino, Interim Director SUBJECT: Award of Bid #06-112 - Enhanced Swale Maintenance BACKGROUND: N/A. FUNDS AVAILABLE: Account #102001-3725-534000-300 (Contractual Services) PREVIOUS ACTION: Please see the attached memo. RECOMMENDATION: Staff requests Board approval to award Bid #06-112 to the low bidder, Tarheel Specialties, Inc., for the pricing listed on the attached tabulation form, and permission for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: CONCU~RENCE: ( ) APPROVED ( ) OTHER ( ) DENIED County Attorney (X) ~ Originating Dept. ( ) Finance: (check for copy, only if applicable)_ \t .. +~Q . : : j f¿¡;UG ~~~,;ON ·::::::0 . :ì:'(f\[)¡V1JNISTRATOR . . . . . . . . . . . .. . ... . . . . . . .. t·.. ........ Coordination/Siqnatures . : : . . : : : : : : : . Mgt & Budget (X)ct- ~ '.:! fff ~U;~haSing (X) I.. ~~ Other ( ) Other ( ) PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Desiree Cimino, Interim Purchasing Director DATE: September 27,2006 RE: Award of Bid #06-112 - Enhanced Swale Maintenance BACKGROUND: On September 20, 2006, submittals were opened for Bid #06-112 - Enhanced Swale Maintenance. Seven hundred and thirty-two (732) companies were notified, nineteen (19) documents were distributed, and three (3) submittals were received. Road & Bridge staff has recommended award to the low bidder, Tarheel Specialties, Inc. RECOMMENDATION: Staff requests Board approval to award Bid #06-112 to the low bidder, Tarheel Specialties, Inc., for the pricing listed on the attached tabulation form, and permission for the Chairman to sign the contract as prepared by the County Attorney. PUBLIC WORKS DEPARTMENT ROAD & BRIDGE DIVISION MEMORANDUM To: DESIREE CIMINO, PROCUREMENT COORDINATOR VIA: DON PAULEY, ROAD & BRIDGE MANAGER FROM: DEBI SPIVEY, ASSISTANT ROAD & BRIDGE MANAGER DATE: SEPTEMBER 28, 2006 SUBJECT: ENHANCED SWALE MAINTENANCE CONTRACT (BID #06-112) CC: BILL ZARODA, DRAINAGE OPERATIONS SUPERVISOR DOREEN HERNANDEZ, DRAINAGE MAINTENANCE SUPERVISOR After meeting with the representative of Tarheel Specialties, Inc. we feel that they will be able to meet the specifications set out in the above named bid. Therefore, we would like to award a contract tohis company for the enhanced swale maintenance bid and request that the agenda be prepared and added to the first available agenda after October 1, 2006. 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('I') fh LL. -I -- It) I'-: ..- fh NO)('I') ('1')"- I'- t Q) > S o ";' " Q) - :J .J: .. -¡:: "ii) ~O +:; (f .. 0_" Z C Q) (f EQ)·;::: E Q) Q) ° C :J U U ro U Q) ...: c..0a::: ro E°(fii) o:g:g" ommC ___ro ° ° ° E L- L- ...... Q) ~JL~~ E E E Q) :J :J :J a.. Z Z Z.. ... .E - ° ° LL. (õ Q) C ::¡ Qi g> c.. .- Q) C .~ m a:ë3 , '~t , ITEM NO. C-7C DATE: 10/10/2006 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: Desiree Cimino, Interim Director SUBJECT: Award of Bid #06-112 - Enhanced Swale Maintenance BACKGROUND: N/A. FUNDS AVAILABLE: Account #102001-3725-534000-300 (Contractual SeNices) PREVIOUS ACTION: Please see the attached memo. RECOMMENDATION: Staff requests Board approval to award Bid #06-112 to the low bidder, Tarheel Specialties, Inc., for the pricing listed on the attached tabulation form, and permission for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: (x) APPROVED () DENIED ( ) OTHER Approved 5-0 ~ Purchasing (X) l ~0 ---..... County Attorney (X) Originating Dept. ( ) ~ Coord ination/SiClnatu res Mgt. & Budget (X~ Other ( ) Other ( ) Finance: (check for copy, only if applicable)_ " PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Desiree Cimino, Interim Purchasing Director DATE: September 27,2006 RE: Award of Bid #06-112 - Enhanced Swale Maintenance BACKGROU ND: On September 20, 2006, submittals were opened for Bid #06-112 - Enhanced Swale Maintenance. Seven hundred and thirty-two (732) companies were notified, nineteen (19) documents were distributed, and three (3) submittals were received. Road & Bridge staff has recommended award to the low bidder, Tarheel Specialties, Inc. RECOMMENDATION: Staff requests Board approval to award Bid #06-112 to the low bidder, Tarheel Specialties, Inc., for the pricing listed on the attached tabulation form, and permission for the Chairman to sign the contract as prepared by the County Attorney. . PUBLIC WORKS DEPARTMENT ROAD & BRIDGE DIVISION MEMORANDUM To: DESIREE CIMINO, PROCUREMENT COORDINATOR VIA: DON PAULEY, ROAD & BRIDGE MANAGER FROM: DEBI SPIVEY, ASSISTANT ROAD & BRIDGE MANAGER DATE: SEPTEMBER 28, 2006 SUBJECT: ENHANCED SWALE MAINTENANCE CONTRACT (BID #06-112) CC: BILL ZARODA, DRAINAGE OPERATIONS SUPERVISOR DOREEN HERNANDEZ, DRAINAGE MAINTENANCE SUPERVISOR After meeting with the representative of Tarheel Specialties, Inc. we feel that they will be able to meet the specifications set out in the above named bid. Therefore, we would like to award a contract tohis company for the enhanced swale maintenance bid and request that the agenda be prepared and added to the first available agenda after October 1, 2006. Should you have any questions please feel free to contact me at x-2802. \ ITEM NO. C-7D DATE: 10/10/2006 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: Desiree Cimino, Interim Director SUBJECT: Award 'of RFP #06-024 - Disaster Debris Monitoring Management and Consulting Services BACKGROUND: N/A. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: Please see the attached memo. RECOMMENDATION: Staff requests Board approval to award RFP #06-024 to Solid Resources as the primary contractor, with Beck Disaster Recovery and Patton Harris Rust & Associates as additional contractors, and permission for the Chairman to sign the necessary contracts as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: (}(j APPROVED () DENIED ( ) OTHER Approved 5-0 A County Attorney (X) ~ Coord i nation/S iç¡n atu res Originating Dept. ( ) Mgt. & Budget ç ) Other ( ) Purchasing (X) \..... \).0 j Other ( ) Finance: (check for copy, only if applicable)_ I> PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Desiree Cimino, Interim Purchasing Director DATE: October 2,2006 RE: Award of RFP #06-024 - Disaster Debris Monitoring Management and Consulting Services BACKGROUND: On September 12, 2006, proposals received for RFP #06-024 were opened. One thousand eight hundred and thirty-six (1836) companies were notified, fifty-two (52) documents were distributed, and six (6) proposals were received. RECOMMENDATION: The Selection Committee met on September 20, 2006 and requested that the Purchasing Dept. take the decision to the Board as follows: Award Solid Resources as the primary contractor, with Beck Disaster Recovery and Patton Harris Rust & Associates as additional contractors. In the event that negotiations fail with any chosen company, the requesting department will have the opportunity to go to the next proposer and have the Chairman sign the negotiated contracts. · BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT RFP #06-024 DISASTER DEBRIS MONITORING MANAGEMENT AND CONSULTING SERVICES MINUTES RFP #06-024 - Disaster Debris Monitoring Management and Consulting Services Selection Committee Meeting was held on September 20,2006 at 3:45 P.M. in the Purchasing Conference Room, 2nd Floor, 2300 Virginia Avenue, Ft. Pierce, FL. Attendance: Ray Wazny, Assistant County Administrator Heather Lueke, Assistant County Attorney Bill Hoeffner, Grants Administrator; Maryann Collins, Purchasing Agent Craig Hauschild, Assistant County Engineer John Frank, Senior Project Engineer Meeting Commenced at 3:55 p.m. A discussion took place regarding the second ranked company's understanding of the payment method and amounts. It was agreed that the ranking would stand and that the compensation would be negotiated at contract time. The proposals were ranked as follows: 1. Solid Resources 2. Beck Disaster Recovery 3. Patton Harris Rust & Assoc. 4. American Consulting and Camp, Dresser & McKee 5. The Corradino Group Mr. Hauschild requested the Purchasing Dept. take the decision to the Board as follows: Award Solid Resources as the primary contractor, with Beck Disaster Recovery and Patton Harris Rust & Assoc. as additional contractors. In the event that negotiations fail with any chosen company, the requesting department will have the opportunity to go to the next proposer and have the Chairman sign the negotiated contracts. The meeting adjourned at 4:20 P.M. JOSEPH SMITH. District No.1. DOUG COWARD, District NO.2. PAULA A. LEWIS, District NO.3. FRANNIE HUTCHINSON, District NO.4. CHRIS CRAFT, District NO.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue. Fort Pierce, FL 34982-5652 . (772)-462-1700 . FAX (772) 462-1294 ~ BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT ED PARKER, DIRECTOR TABULATION SHEET - RFP #06-024 DISASTER DEBRIS MONITORING MANAGEMENT AND CONSULTING SERVICES PUBLIC WORKS/ENGINEERING DIVISION OPENED: SEPTEMBER 12,2006 AT 2:00 P.M. THE FOLLOWING FOUR (4) COMPANIES SUBMITTED A PROPOSAL: American Consultina Enaineers of Florida. LLC Contact: Robert Valentine; Phone: (772) 465-3909; Fax: (772) 465-4259 Address: 4141 Bandy Boulevard, Unit B11, Fort Pierce, Florida 34981 Beck Disaster Recovery. Inc. Contact: Chuck McLendon; Phone: (407) 803-5700; Fax: (407) 803-5701 Address: 800 North Magnolia Avenue, Suite 400, Orlando, Florida 32803 Camp. Dresser & McKee. Inc. Contact: Eric Grotke; Phone: (772) 231-4301; Fax: (772) 231-4332 Address: 1701 Highway A1A, Suite 101, Vero Beach, Florida 32963 Patton Harris Rust & Associates Contact: Bruce Frederick; Phone: (757) 497-7472; Fax: (757) 497-0250 Address: 195 S. Rosemont Road, Suite 101, Virginia Beach, Virginia 23452 Solid Resources. Inc. Contact: Michelle Harvey; Phone: (941) 379-8100; Fax: (941) 379-8113 Address: 2201 Cantu Court, Suite 119, Sarasota, Florida 34232 The Corradino Group. Inc. Contact: Mike R. Ciscar; Phone: (305) 594-0735; Fax: (305) 594-0755 Address: 4055 N.W. 97th Avenue, Suite 200, Doral Florida 33178 NUMBER OF COMPANIES NOTIFIED*: 1836 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 52 NUMBER OF BIDS RECEIVED: 6 *per demandstar.com JOSEPH E. SMITH, District NO.1. DOUG COWARD, District NO.2. PAULA A. LEWIS, District No.3. FRANNIE HUTCHINSON, District NO.4. CHRIS CRAFT, District NO.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TDD (772) 462-1428 website: www.co.st-Iucie.fl.us I ITEM NO. C-7E DATE: 10/10/2006 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: Desiree Cimino, Interim Director SUBJECT: Permission to Advertise an Invitation for Bids (IFB) for Exotic Tree Eradication BACKGROUND: N/A. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: Please see the attached memo. RECOMMENDATION: Staff recommends the Board's permission to advertise an Invitation for Bids (lFB) for Exotic Tree Eradication. COMMISSION ACTION: CONCURRENCE: County Attorney (X) )k Coord ination/Siqnatures Purchasing (X) \.. ~ ()() APPROVED ( ) OTHER ( ) DENIED Approved 5-0 Mgt. & Budget: , Originating Dept. ( ) Other ( ) Other ( ) Finance: (check for copy, only if applicable)_ ; PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Desiree Cimino, Interim Purchasing Director DATE: October 2,2006 RE: Permission to Advertise an Invitation for Bids (IFB) for Exotic Tree Eradication BACKGROUND: The Environmental Resources Department has request the IFB for Exotic Tree Eradication within St. Lucie County's Yarn Natural Area (8 acres located along Ten Mile Creek and Gordy Road). RECOMMENDATION: Staff recommends the Board's permission to advertise an Invitation for Bids (IFB) for Exotic Tree Eradication. mino - Varn exotic removal ro'ect P From: To: Date: Subject: Michael Bush Cimino, Desiree 10/2/2006 11: 10:56 AM Varn exotic removal project Desiree, I have attached a statement of work for the Varn Parcel (a portion of the Ten Mile Creek West section) along with two aerials. One aerial show the project area and the other shows how to get to the site. I will be conducting a one-day, site visit for all interested contractors once a list of prospective contractors is developed. Thanks for your help with this matter. Mike Mike Bush Biologist I Environmental Resources St. Lucie County 772-462-2527 (Office) 772-216-594 7 (Mobile) www.co.st-lucie.fI.us/erd cc: Fousek, Steve STATEMENT OF WORK INTRODUCTION Invasive exotic vegetation has become established and begun to flourish within St. Lucie County's Varn Natural Area. Located along the Ten Mile Creek and Gordy Road in St. Lucie County, Florida, this parcel is approximately eight (8) acres of floodplain forest and hydric hammock. Two oxbow waterways, one approximately fifteen (15) and another twenty-five (25) feet wide, meander through the property. Invasive exotics to be eradicated include, but are not limited to, Rosary Pea (Abrus precatorius), Shoebutton Ardisia (Ardisia elliptica), Air Potato (Dioscorea bulbifera), Strawberry Guava (Psidium cattleianum), Common Guava (Psidium gaujava), Brazilian Pepper (Schinus terebinthifolius), Arrowhead Vine (Syngonium podophyllum), Caesarweed (Urena lobata), Wild Taro (Colocasia esculenta), and Golden Bamboo (Phyllostachys aurea). Additional EPPEC Category I and II exotics encountered but not aforementioned shall be within the scope of work as targeted species. An aerial of the parcel where work is to be preformed is attached as Exhibit A. Provided within the aerial is the location of site entrance, designated parking area, oxbow waterway locations, and orientation guides. Do to the scattered nature of the exotics on this parcel; locations of each particular exotic are not labeled. It will be the responsibility of the proposer to assess the location and density of targeted species when calculating a bid. WORK OBJECTIVES St. Lucie County Government is soliciting for the services of responsible proposers to provide crews, equipment, and supplies for exotic eradication within the Vam Natural Area (a parcel within the Ten Mile Creek West Region), using chemical and physical control methods. All targeted species of trees, saplings, and seedlings shall cut using only hand tools and immediately treated with appropriate herbicidal application. The use of any heavy equipment for mechanical removal of exotics or the operation of work vehicles within the natural area is prohibited beyond the designated parking area. Targeted species with growth covering or up the truck of native vegetation shall be treated in a manner to protect the native species. Temporary water crossings will be allowed to provide access across sections of wetlands to prevent soil compaction and disruption of soil integrity. These "foot bridges" must be approved by Environmental Resources Department staff. Small boats without motors, although not necessary, will be allowed to aid in access to portions of the site or eradicate in wetlands/water. 1 SCOPE OF WORK Crews will perform treatments of single tree, sapling, seedlings, and vine growth of targeted species of exotics. The contractor will provide a supervisor and several applicators. The supervisor must be a licensed herbicide applicator and will be responsible for herbicidal mixing, herbicidal application, herbicidal safety procedures and crew supervlslOn. WORK BREAKDOWN STRUCTURE 1. Work will be preformed as follows: a) Mature Trees Each applicator will be equipped with a machete/chain saw and a spray bottle containing herbicide. Each individual mature tree shall be completely cut down at approximately twelve inches (12") above ground level. Immediately following, herbicide solution (Garlon 4™ - 10%) must be applied directly to the cut stump so that the outer, cambium region is soaked. Felled trees must be further cut into sections so that an individual tree or piles of trees are no higher than three feet (3 '). Contractor may suggest alternative products or use rates; however, the Department shall have final determination on such product and use rates. Marker dyes shall be used with all herbicidal solutions applied. b) Seedlings and Saplings Seedlings and saplings shall be hand pulled whenever possible and left in piles or other methods where roots are not in contact with the soil. Alternatively, machetes can be used to cut targeted species near ground level on seedlings and saplings that are not easily pulled. Garlon 4™ at 1 0% solution is the preferred herbicide to be applied immediately following removal. Marker dyes shall be used with all herbicidal solutions applied. c) Vines and clumps All targeted species of exotics that are climbing shall be treated by "poodle cutting". This process of eradication involves cutting the stems near ground level and applying herbicide solution to the stem portion still attached to the system of roots anchored in the ground. This process of eradication is especially successful on climbing species of exotics around the trunks on native trees. All stems must be severed for each clump to fully be eradicated. 2 When targeted species of exotics are clumping, matted in appearance, or overhead in any growth habit, foliar applications of Rodeo™ herbicide at 3% solution shall be used. A surfactant must be a component of the herbicide solution to help adherence to foliage. Overspray should be carefully monitored to prevent effects on native vegetation. Marker dyes shall be used with all herbicidal solutions applied. d) Aquatic Vegetation and Applying near Wetlands Targeted species of exotics, mainly Bamboo and Wild Taro, are adjacent or within wetlands and bodies of water. Under any circumstances where applying herbicide could be sprayed into wetlands or bodies of water, appropriate measures should be taken. Rodeo™ herbicide at 3% shall be applied with care to avoid overspray. 2. SAFETY The contractor will strictly adhere to all herbicide label application, precautionary and safety statements, and St. Lucie County safety requirements. 3. SENSITIVITY OF SITE Due to the sensitivity of the wetlands on the site, activities shall be kept to a minimum to reduce site disturbance. Appropriate measures, such as aforementioned foot bridges and small boats may help to reduce negative impacts ofthis scope of work. 4. SUPPLIES AND OTHER EQUIPMENT a) The contractor will be responsible for providing crews with all supplies and equipment for exotic control, including chainsaws, herbicide applicators, safety equipment, etc. b) All herbicide will be purchased by the contractor. c) Access to the site will only be permitted through the designated parking area, unless an alternative access is requested and granted from the Department. 5. PERMITS Contractor shall obtain all necessary wetland removal permits from the Florida Department of Environmental Protection and/or South Florida Water Management District. 3 6. INSPECTION The Department reserves the right to inspect, at any time upon notice of commencement to the contractor, the contractor's procedures, spray system, spray solution, and other ancillary equipment, and to approve operating personnel. Inspection will not relieve the contractor of any obligations or responsibilities, nor will it transfer any liability to the Department. Upon written notice from the contractor stating completion of work objectives, the Department will perform a survey of the project area. Minimum successful completion of the objectives will be 95% eradication of all targeted exotic species in all areas ofthe project site. PERFORMANCE SCHEDULE The Department does not guarantee any minimum amount of work, nor the extent of services and goods required for the treatment of exotics in the Vam Natural Area. The Department expects the work to be completed within thirty (30) days from commencement. The Department may halt work at any time, upon written notice. PAYMENT SCHEDULE The Department will transfer payment at 100% of contract price following completion of work objectives following the work breakdown structure. The objective is 95% kill rate over the entire project area and shall include 95% kill rate for each targeted exotic species. The objective implies that all areas and all targeted species shall be treated throughout the site. QUALIFICATIONS AND EXPERIENCE Bidder shall submit the following: 1. Details on the qualifications of the firm, including documentation of the firm's experience with details of similar jobs performed by the bidder. 4 2. A list of three (3) fonner clients (including name, address, and telephone number) who can serve as a reference on similar past jobs perfonned by the bidder. PRE-BID MEETING A Pre-bid meeting will be scheduled for this project following the listing of this statement of work to prospective contractors. Attach with this statement of work is an aerial of the project area. Interested bidders can contact the Department of Environmental Resources at 772-462-2527 to schedule a field visit. All bids must be received by the end of the business day on Work is to be completed no later than January 1 st. 5 ....-.---~-- To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Agenda Request Item Number: Meeting Date: C-8 10/10/06 Consent Regular Public Hearing Leg. [ ] [XX] [ ] [ ] Quasi-JD [ Board of County Commissioners Growth Management Presented By bt'tßI/f Growth Management Director Approval of two grant requests for the Treasure Coast Sports Commission (TCSC) for the 2006-2007 year. The grant dollars will be used for operational and bid expenses to draw sporting events to the County. The first grant to the TCSC is for $92,000 to cover administrative expenses for operational costs related to its efforts to attract, stimulate and promote sporting events in the County. This grant was included in the Tourism budget approved by the BOCC for 2006-2007. The grant dollars are the same as provided in 2005-2006. The second grant is for $30,000 to provide incentive bid dollars to attract the sporting events to the County. In this 2005-2006 year the TCSC required $45,000 in bid dollars so the County is returning this dollar amount to the $30,000 level and requesting that the TCSC come back to the Tourism Development Council and the BOCC if additional opportunities become available. These dollars were included in the Tourism budget approved by the BOCC. For the 2004-2005 year the TCSC estimates that the total impact to the County was over $9.8 million dollars and 6424 room nights. The figures for 2005-2006 are not complete, but the 3rd quarter was up substantially from 2004-2005. Funds are available in Account 611-5210-582000-500. The TCSC grant for $92,000 administrative expenses and $30,000 for bids was approved in the 2006-2007 Tourism budget by the BOCC. Staff recommends that the Board of County Commissioners approve the proposed grants for the TCSC and authorize the Chairman to sign the agreement as prepared by the County Attorney's office. COMMISSION ACTION: ~ APPROVED D DENIED c=J OTHER Approved 5-0 CONCURRENCE: GROWTH MANAGEMENT DEPARTMENT Tourism & Economic Development Division MEMORANDUM TO: FROM: Board of County Commissioners Growth Management DATE: September 29, 2006 Approval of two grant requests for the Treasure Coast Sports Commission (TCSC) for the 2006-2007 year. The grant dollars will be used for operational and bid expenses to draw sporting events to the County. SUBJECT: The first grant to the TCSC is for $92,000 to cover administrative costs for operational expenses related to its efforts to attract, stimulate and promote sporting events in the County. This grant was included in the Tourism budget approved by the SOCC for 2006-2007. The grant dollars are the same as provided in 2005-2006. The second grant is for $30,000 to provide incentive bid dollars to attract the sporting events to the County. In this 2005-2006 year the TCSC required $45,000 in bid dollars so the County is returning this dollar amount to the $30,000 levél and requesting that the TCSC come back to the Tourism Development Council and the BOCC if additional opportunities become available. These dollars were included in the Tourism budget approved by the SOCC. For the 2004-2005 year the TCSC estimates that the total impact to the County was over $9.8 million dollars and 6424 room nights. The figures for 2005-2006 are not complete, but the 3rd quarter was up substantially from 2004-2005. Funds are available in Account 611-5210-582000-500. The TCSC grant for $92,000 administrative expenses and $30,000 for bids was approved in the 2006-2007 Tourism budget by the SOCC. Staff recommends that the Board of County Commissioners approve the proposed grants for the TCSC and authorize the Chairman to sign the agreement as prepared by the County Attorney's office. sr INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Larry Daum, Economic Development Manager FROM: Katherine Mackenzie-Smith, Assistant County Attorney ) Ý'~ C.A. NO: 06-1596 DATE: September 29,2006 SUBJECT: Treasure Coast sports Commission Grant Contracts: 1) Operational Expenses 2) Bid Fees and Sponsorships Please find enclosed the above referenced contracts with the requested changes. If the contracts are acceptable, please have four originals of each contract signed by the Treasure Coast Sports Commi~sion and agenda for board approval. KMS/cb Enc. H:\KMS-contmmo#2a.wpd GRANT CONTRACT (Bid Fees and Sponsorships) THIS CONTRACT, made this day of 2006, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and TREASURE COAST SPORTS COMMISSION, INC., a Florida not-for-profit corporation, or its successors, executors, administrators, and assigns hereinafter called the "Recipient": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Recipient a grant in the total amount of thirty thousand and 00/100 dollars ($30,000.00). The County shall pay the Recipient ten thousand and 00/100 dollars ($10,000.00) within thirty (30) days following the execution of this Contract. The' County shall pay the remaining twenty thousand and 00/100 dollars ($20,000.00) to the Recipient in five thousand and 00/100 dollar ($5,000.00) increments. Payment to the Recipient of each five thousand and 00/100 dollar ($5,000.00) increment shall be made within thirty (30) days of the Recipient providing the St. Lucie County Project Manager with a report on the previous expenditure of monies. The report on the event(s) funded by the grant shall include, but not be limited to, the number of attendees at the event, a list of hotels and/or other accommodations used by participants and attendees at the event, the number of room nights generated by the event and a copy of the brochure, flyer or poster used to market the event. 1 I' 2. The Recipient shall expend grant monies towards bid fees and sponsorships of events within St. Lucie County based on the number of attendees at the event, hotels and/or other accommodations used by participants and attendees at the event, and room nights generated. The Recipient shall submit quarterly written reports to the St. Lucie County Tourism and Convention Manager regarding the expenditure of the grant funds and activities of the Recipient, particularly the promotion of sporting events in St. Lucie County. 3. The Recipient shall have internal fiscal controls adequate to safeguard the grant funds. 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to this contract, any money not so used shall be reimbursed to the County. 5. The Recipient shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of the grant. In the alternative and subject to the prior written approval of the County Management and Budget Director, the Recipient may submit qualifying paid invoices in lieu of a certified audit. The Recipient shall submit all documents required under this paragraph within ninety (90) days after the end of its current fi.scal year. 6.. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained 2 until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Recipient agrees to fully indemnify and hold harmless the County, its officers, employees, and agents of and from all liabilities, damages, claims, recoveries, costs and expense in any way arising out of the receipt or expenditure of these monies. 8. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 9. All publications issued by the Recipient shall include the following statement: "Sponsored in part by the St. Lucie County Board of County Commissioners and the St. Lucie County Tourist Development Council." In the alternative, the Recipient shall use the Tourist Development Council's logo, subject to prior approval of the St. Lucie County Tourism and Convention Manager. 10. Either party may terminate this contract with or without cause upon thirty (30) days written notice to the other provided however the Recipient shall reimburse the County for all unexpended funds or funds expended in conflict with Recipient's application, as of the date of termination notice. 11. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties atthe following addresses: TO THE COUNTY: St. Lucie County Administrator Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 3 WITH COpy TO: St. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor. Fort Pierce, Florida 34982 TO THE RECIPIENT: Treasure Coast Sports Commission, Inc. Tradition Field Sports Complex 527 NW Peacock Boulevard Port St. Lucie, Florida 34986 12. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for contract modification, Recipient agrees to use said forms. 13. Except as otherwise provided, this agreement shall be binding upon and shall insure to the benefit of the parties. 14. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supercede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 15. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 4 IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: TREASURE COAST SPORTS COMMISSION, INC. BY: SECRETARY PRESIDENT DATE: (SEAL) G: \A TTY\AGRE EM NT\CONTRACT\tcsc- bldfees-sponsorshlps-06. wpd 5 GRANT CONTRACT (Operational Expenses) THIS CONTRACT, made this day of , 2006, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and TREASURE COAST SPORTS COMMISSION, INC., a Florida not-for-profit corporation, or its successors, executors, administrators, and assigns hereinafter called the "Recipient": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Recipient a grant in the total amount of ninety-two thousand and 00/100 dollars ($92,000.00). The County shall disperse the grant funds in accordance with the following schedule: November 15, 2006 $20,000.00 February 15, 2007 $10,000.00 $10,000.00 March 15, 2007 $10,000.00 $10,000.00 April 15, 2007 $10,000.00 $10,000.00 May 15, 2007 $12,000.00 October 15, 2006 December 15, 2006 January 15, 2007 2. The Recipient shall use the grant monies for the operational expenses associated with its efforts to attract, stimulate, and promote sporting events on the Treasure Coast from the date first above written through and including September 30, 2007. Operational expenses shall be limited to staff salaries, office supplies, equipment, marketing, and advertising costs. The Recipient shall submit quarterly written reports to the St. Lucie County Tourism and Economic Development Manager regarding the expenditure of the grant funds and activities of the Recipient, particularly 1 the promotion of sporting events in St. Lucie County. The reports shall be delivered on or before February 1, 2007, May 1, 2007, August 1,2007, and November 1,2007. 3. The Recipient shall have internal fiscal controls adequate to safeguard the grant funds. 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to this contract, any money not so used shall be reimbursed to the County. 5. The Recipient shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of the grant. In the alternative and subject to the prior written approval of the County Management and Budget Director, the Recipient may submit qualifying paid invoices in lieu of a certified audit. The Recipient shall submit all documents required under this paragraph within ninety (90) days after the end of its current fiscal year. 6. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Recipient agrees to fully indemnify and hold harmless the County, its officers, employees, and agents of and from all liabilities, damages, claims, recoveries, costs and expense in any way arising out of the receipt or expenditure of these 2 monies. 8. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 9. All publications issued by the Recipient shall include the following statement: "Sponsored in part by the St. Lucie County Board of County Commissioners and the St. Lucie County Tourist Development Council." In the alternative, the Recipient shall use the Tourist Development Council's logo, subject to prior approval of the St. Lucie County Tourism and Economic Development Manager. 10. Either party may terminate this contract with or without cause upon thirty (30) days written notice to the other provided however the Recipient shall reimburse the County for all unexpended funds or funds expended in conflict with Recipient's application, as of the date of termination notice. 11. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following addresses: To the County: St. Lucie County Administrator Administration Annex 2300 Virginia Ave" 3rd Floor Fo~ Pierce, Florida 34982 With copy to: St. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor. Fort Pierce, Florida 34982 To the Recipient: Treasure Coast Sports Commission, Inc. Tradition Field 527 NW Peacock Boulevard Port St. Lucie, Florida 34986 12. No amendment, modification or waiver of this Agreement shall be valid or 3 effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for contract modification, Recipient agrees to use said forms. 13. Except as otherwise provided, this agreement shall be binding upon and shall insure to the benefit of the parties. 14. This Agreement embodies th~ whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supercede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 15. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate' legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN DATE: 4 ATTEST: SECRETARY O,IA TTYlAGREEMNT\CONTRACT\tcsc-operExpense,-06. wpd APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY TREASURE COAST SPORTS COMMISSION, INC. BY: PRESIDENT DATE: {SEAL} 5 .OJ .1 01 þJ i: Z j;J o U =:r:2 OU ~~ f-!. =:f-! 000 Øo4Q ~~ ~i: j8 j;JU E~ ;;~ ~ ~ u~ ~z ~j;J 00 ZU o=: Ui¡¡l i¡¡l~ Z S ~ - I() e e N I() ~ ee eff') N ... I ~ ...."Q e e e ~ N"Q.. ~~ i¡¡ll >~ ~e <~ U..-4 00 ... ~ ~ ~"Q Q 100 U o - en CD ~ 0 ...... ~ 'õE (t) N 0 en ~ CD. o. CD 0 =11:0 (t) ~ N ~ 00 "'I:t 1.0 0 I 'S~ CD "'I:t co Il) (t). co 00. 1.0 ~ .&[ ~ ...¡ ...... (t) ~ "'I:t en ~ ::SE en 0 co 0_ cti ~ Ñ ~ W W N 00 ..... CD ~ ..... CD 0 (t) en uU ....... o. r-: 00 e[ Il) ~ (t) ó 00 (t) 00 0 .- E C\!. ...... ~ "'I:t o_ N ~ W 0 ...... ~ ! õä Il) ~ (t) N Il) ~ O. CD. C\!. Il) =11:0 ct: (t) ~ ~ ~ CD "'I:t 1.0 (t) I z 0 "'I:t N ...... :) 'S1:; 0 ~ 00. O. 0 .&[ CD "'I:t (t) N CJ ~ CD to en ::SE "'I:t. N. ~ (t) W 0_ (t) ~ ~ U W W W :) ..J N I ~ 0 00 ~ ~~ ...... 0 (t) (t) tn Il). O. r-: CD. e[ "'It ~ N re ..... (t) ...... .- E en. ...... CO N 0_ ~ W en 0 ~ (t) '~I õä ~ CO CO 0 "'I:t (t) ~ .. =11:0 ~ ~ N 0 ..... ~ I z 'S~ CO 0 "'I:t :) 00. ..... 0 &[ (t) ....: «i CO CJ ::SE (t) CO ..... Il) ~ Z 0- 1.0 W ¡:: W ~ I c( N 0 "'I:t "'I:t :E ~~ 0) (t) "'I:t ,.... CO. Il). CIS ..... 0 fa. ~ ,... N CO .- E (t) (t) ,... O_ W 0 0 N (t) ~I õä 0 00 N (t) ~ =11:0 ct: z I :) ~ 0 (t) CO 0 'S~ (t) (t) CJ C\!. ...... ~ .&CIS ..... (t) ::sa. ,... N W 0.5 (t) > õ2 z ~ c( ~~ 0 0 N 0 ë W ...... N ![ (t). ....... ~ (t) C') .- E 00 ~ 0_ ~ en '10 a a a a ~ )-·0 u.,°o I- og -e ~ I/) c ~N .... N C'? 3rd Quarter Fiscal Year 2005-2006 October 1, 2005 - June 30, 2005 Page Three 10. USSSA Girls Basketball State Championship - June 2-4, 2006 - TC8C sponsored - $3,000 87 Teams; 2,297 Participants Direct Economic Impact = $432,213 Total Output Impact = $747,728 Room Nights = 848 o 81. Lucie County = $388,992; 768 room nights o Martin County = $43,221; 80 room nights SUMMARY 3rd QUARTER FY 2005-2006 ECONOMIC IMPACT County Direct Economic Total Output Total # of Room Impact Impact Nie:hts 81. Lucie County $3,817,936 $6,605,029 4,011 Martin County $1 ,386,529 $2,398,695 1,908 Indian River County $115.192 $199,282 87 Total $5.319.657 $9.203.006 ~ ) . ,... TREASURE COAST SPORTS COMMISSION Treuure Life . Treuure Sports· Treasure Coast ECONOMIC IMPACT OF SPORTING EVENTS 3rd QUARTER FISCAL YEAR 2005 - 2006 (Aprill, 2006 - June 30, 2006) 1. Mixed Bowling Tournament - March 24 - April 9, 2006 (3 weekends) TCSC sponsored - $0 1,086 Bowlers; 2,175 Participants over 3 weekends Direct Economic Impact = $436,134 Total Output Impact = $754,512 Total Room Nights = 180 o 81. Lucie County = $426,130 economic impact; 139 room nights o Martin County = $10,004 economic impact; 41 room nights 2. USSSA Girls Basketball State Qualifier - March 3f.April 2, 2006 TCSC sponsored - $1,000 46 Teams; 1,508 Participants Direct Economic Impact = $251,696 Total Output Impact = $435,434 Total Room Nights = 223 o 81. Lucie County = $206,391 economic impact; 182 room nights o Martin County = $45,305 economic impact; 41 room nights 3. FL Swimming vs. FL Gold Coast Dual Meet - Aprill-2, 2006 TCSC sponsored - $1,500 - . 260 athletes; 684 total participants Direct Economic Impact = $139,764 Total Output Impact = $241,792 Room Nights = 62 o 81. Lucie County = $139,764 economic impact; 62 room nights 4. Southern Kingfish Association 2005 National Championship - Aprill9-23, 2006 (postponed from November 2005 due to inclement weather) TCSC sponsored - $5,000 272 Boats; 1,831 Participants Direct Economic Impact = $1,483,212 Total Output Impact: = $2,565,957 Room Nights = 888 o St. Lucie County = $1,464,668; 869 room nights o Martin Count): = $15,616; 16 room nights o Indian River County = $2,928; 3 room nights 3rd Quarter Fiscal Year 2005-2006 October 1,2005 - June 30, 2005 Page Two 5. 72nd Annual Florida State Bowling Championships - April 28-June 25, 2006 TCSC sponsored - $3,000 5,004 bowlers; 9,576 total participants Direct Economic Impact = $1,321,516 Total Output Impact = $2,286,223 Room Nights = 2,710 o S1. Lucie County = $422,000 economic impact; 1,151 room nights o Martin County = $898,516 economic impact; 1,555 room nights o Indian River County = $1,000 economic impact; 4 room nights 6. PGA Minority Collegiate Championship - May 4-7, 2006 TCSC sponsored - $2,000 28 Teams; 309 Participants Direct Economic Impact = $165,459 Total Output Impact = $286,244 Room Nights = 491 o S1. Lucie County = $165,459; 491 room nights 7. USSSA Boys State Basketball Qualifier - May 19-21,2006 TCSC sponsored - $3,008.50 . 70 Teams; 1,976 Participants Direct Economic Impact = $370,875 Total Output Impact = $641,614 Room Nights = 304 o S1. Lucie County = $241,068; 202 room nights o Martin County = $18,543; 22 room nights o Indian River County = $111,264; 80 room nights 8. 13th Annual Sailfish Splash Girls NSA Fast Pitch Softball- May 19-21,2006 TCSC sponsored - $500 49 Teams; 3,716 Participants Direct Economic Impact = $546,652 Total Output Impact = $945,708 Room Nights = 264 o S1. Lucie County = $191,328; 111 room nights o Martin County = $355,324; 153 room nights 9. Dr. Aspi Memorial Invitational Swim Meet - May 26-28, 2006 TCSC sponsored - $0 358 Athletes; 895 Participants Direct Economic Impact = $172,136 Total Output Impact: = $297,795 Room Nights = 36 o S1. Lucie County = $172,136; 36 room nights · GROWTH MANAGEMENT DOCC AGENDA ITEM C-- TRANSMITTAL COVER SHEET Divisi . ~/,¡)Y¡;/lJ;f:.. Prepared By~Q'ldl'lz¿ III BOCCDate: IIJ!tP6 .--, Agenda Subject: ¿ y , , ~7 - ». ~ Date Sent to Manager: 9/j 9 P b }, C;-' /J', --,...:;}. Division Manager Review Date: ~þ 1/A:: .9 Division Manager Sign-off Date: ~b~k (; Ie, Attachment(s): Yes ¡/' No Growth Management Director Review .& Sign Off Date: ßJI/~ w2r>¡?R , ' ¡~ch';(j~~J ...-- ---- Coordination/ Signatures County Attorney X Finance.: Environ. Resources; Mgt. & Budget: ~;\¡P f\.,~ Fire Dept: ~ Utility: Purchasing: Public Works: Other: , , AGENDA REQUEST ITEM NO. C9 DATE: October 10, 2006 REGULAR PUBLIC HEARING CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Adopt Budget Resolution 06-319 to accept donation from South Florida Water Management District for the Well Monitoring Network Grant for Soil and Water. BACKGROUND: The St. Lucie Soil and Water District will receive one lump sum payment once they deliver a report to the District documenting the well head repairs and flow meter installation on Site 206. FUNDS AVAILABLE: Funds will be made available in 001814-3720-534000-300 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board adopt Budget Resolution 06-319 to accept the donation in the amount of $11,250 from the South Florida Water Management District. COMMISSION ACTION: iXJ APPROVED [] DENIED Approved 5-0 CONCURRENCE: County Attorney: XX (}l/ Do Count Coordination/Sianatures Management & Budget:\" ~t ~Îi~haSing: Finance: (Check for Copy only, if applicable) [ ] OTHER: Orig Dept: PWorks: Other: Anyone with a disability requiring accommodation to attend this meeting should contact the S1. Lucie County Community Services Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting. RESOLUTION NO. 06-319 . 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 from the SFWMD in the amount of$11,250. 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 10th day of October 2006, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2005-2006, and the County's budget is hereby amended as follows: REVENUES 001814-3720-366900-300 APPROPRIATIONS 001814-3720-534000-300 Donations $11,250 Other Contractual Services $11,250 After motion and second the vote on this resolution was as follows: Commissioner Doug Coward, Chairperson Commissioner Chris Craft, Vice Chairperson Commissioner Frannie Hutchinson Commissioner Paula Lewis Commissioner Joseph E. Smith xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED TillS 10th DAY OF OCTOBER 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ,. a '; st. Lucie Soil and Water Conservation District Suitl~ :>02. 8400 I'icos Road - Ft. Pierce, FL 34945 25 May 2006 To: Tawonna Johnson Budget Analyst From: ./ (Jr- Bess McKinney .~ District Administrator Subject: Well Monitoring Network Grant Contract No: OT050195 County Grant Fund No: 001814 Attached is a Purchase Order in the Amount of $11,250 from South Florida Water Management District (SFWMD) also attached is the statement of Work Attachment A in reference to the Well Monitoring Network Grant. I have sent Department. at 461-4546 a copy to Maureen Vetro in the Finance If you have any questions, please contact me or email bess.mckinney@fl.nacdnet.net CONSERVATION DEVELOPMENT SFLFGOVERNMENT · Florida WA TS Line 1-800-432-2045 THIS NUMBER MUST APPEAR ON ALL PAYMENT TERMS PACKAGES, PACKING LISTS. INVOICES, AND CORRESPONDENCE, THIS IS A CENTRALIZED PURCHASE AUTHORIZATION. ~ PC P602400 NET 30 ALL ITEMS ARE SHIPPED F.O.B DESTINATION UNLESS FREIGHT CHARGES ARE ITEMIZED BELOW PAGE NO. 01 I DATE Of(/sRDf§ 06 EST. DELI~9RY3£tf TO 6 /ENDOR NO. PURCHASING AGENT F,O,B CONFIRMING ORGANIZATION NO. 12795 A PATRICK RYAN DESTINATION NO 4330 South Florida Water Management District P.O. Box 24680 West Palm Beach, FL 33416-4680 Telephone (561) 686-8800, Ext. 6390 PURCHASE ORDER 8 FLORIDA SALES TAX EXEMPTION # 85-8013149859C·9 FEDERAL TAX EXEMPT # 59-74-0072K ~ ) ) ~ ST LUCIE SOIL & WATER CONSERVATION DISTRICT 8400 PICOS RD, STE 202 FT PIERCE FL 34945 S H I P MS: 4330 DISTRIBUTION MGMT SERVICES 3301 GUN CLUB RD WEST PALM BEACH FL 33406 / SOUTH FLORIDA WATER MANAGEMENT DISTRICT - T o Line Quantity LINE ITEMS OF YOUR INVOICE MUST MATCH LINE ITEM NUMBERS ON THIS DOCUMENT I Un;! I Part Number and Description Unit Price Total Amount 001 1.000 EACH 11,250.000000 11,250.00 COST SHAR]NG AGREEMENTS WjGOVERNMENTAL AGENCIES, PRICING P,IR WRITT1N QUOTATION. I I I ST. LUCIE ¡SOIL & rATER SHALL REPAIR THE WELLHE~S STALL FLO~ METERS ON EACH WELL (8 WELLS IN TOTAf) ATTACHMEN'I! "A", STATEMENT OF WORK ATTACHED HERErO ENCE IS rdDE A PART OF THIS PURCHASE ORDER. I I I I SFWMD CONiACT: SI70N SUNDERLAND @ 561 682-2705 I I I I I I I I I I I I ! I I I I I IN SITE 206 AND IN- IN ACCORDANCE ~ITH AND BY THIS REFER- I ! I i I i r2.~2Z~r¡y UI I~ JOTE: Prices displayed govern this purchase order transaction. Early payment discount invoices receive priority handling. The attached Purchase Order Terms & Conditions, Pages 1 through 2, are applicable. Paae Total Grand Total 11,250.00 11,250.00 :ND ALL INVOICES TO: )uth Florida Water Management District O. Box 24682 est Palm Beach, FL 33416-4682 /dJ. /0/ ~ ' Authorized Agent SOUTH FLORIDA WATER MANAGEMENT DISTRICT An Equal Opportunity Employer - M/F/HN VENDOR Copy Form 0695 (12/2005) PURCHASE ORDER TERMS AND CONDITIONS This PURCHASE ORDER constitut.s I binding contrlc:t between Ih. South Floricb Wlter Manlg.m.nt Dislri<:t (DISTIUCT) and the VENDOR as named on th. PURCHASE ORDER wh.n acçepl.d by th. VENDOR either by express acknow~ed8menl or by commencement ofwor1c: or shipment without reservations 1NV00crs AND FA YMENTS. Th. VENDOR shall submit I seplll"ll' invoice for adt purdw< onler or pur</1a!e release after adt delivery. Invoices for other than lump sum paym.nu shall be substantiated by adeqUlt. supporting dOaJm.nta!ion, including an it.mizalion of the dlt.. hours expended, description of the d.liverlbl., and, if Ipplicable, transportltion charges. the bill of lading Ind the hight wlybill The VENDOR's invoices shall ~f.....ce the DISTRICT's PURCHASE ORDER number and oI1aIl be mailed 10 ACCOUNTS PAYABLE, S...th Florida Waler Mana!!ement Distric:t, Box 24682, We$! Palm Beach. FL 3341 &-4680. It is the policy of Ihe DISTIUCT thlt p"yment for all goods and .services shall be made in a timely manner and that interest payments are mlde on late paym.nts. In I=rdance with Florida StltuteS, Section 218.70. Floridl Prompt Plymenl Ac:t, I "proper" invoice is defined 15 an invoice thlt conforms to aU salutary requiremenU and all DISTIUCT r«¡uirements as specifaed in th. PURCHASE ORDER for invoice submission. Tbe time It which Plym.nl shall b. due from th. DISTRICT shill b. forty-flV. (45) days from m:.ipt of I proner invoice and acceotance or deliverables based on compliance with the statutory requirements set forth in Section 218.70, F.S. and upon satisflction of tit. DISTIUCT conditions that are detailed herein. If all conditions are m.t Ind paym.nt is not mlde by the DlSTIUCT in this ùmefnm.. int""1 shill I«rue aller 30 days It tit. nt. of ¡y. per month on the unpaid blllnce. The VENDOR must invoice the DISTIUCT for any a«rued unpaid interest. INDEMNIFICATION. For valu. rec.ived, tit. VENDOR shall ind.mnify Ind hold tlte DISTRICT. iu officers. directors, board members, agents, assigns, ind employees harmless from ti.bilities, damages, losses and C:OSlS, including, but nOllimiled 10 reasonabl. 1I!0meys' fees, 10 tit. .nent caused by the neglig.nce, rodd..s....s or intentionally wrOl1ÍUI conduct of th. VENDOR and other persons .mployed or utilized by the VENDOR in the performance of the PURCHASE ORDER. The VENDOR further acknowledges that it is solely responsible for ensuring iu compliance and the compliance of its subcontractors, suppliers. agents, assigns, inyitees and employees with the terms of this PURCHASE ORDER . This paragraph shall survive tit. .xpirltion or tennination of this PURCHASE ORDER. TERMINATION FOR DEFAULT, In I"""rdance with DISTIUCT Rul. 40E·7, Part n, F.A.C.. "material breach'" is defined as Iny substantial, unexcused non~perfonn.nce by failinB to perform .n act that is an important part of the transaction or perfonning In let inconsistent with the terms and conditions of the PURCHASE ORDER. If the VENDOR mlterially flils to fu\foll its obiigltions und.r this PURCHASE ORDER, th. DISTIUCT will provide writt.n nouce of th. d.flci.ncy by forwarding I Cu" Notjç. citing the specific nature of tit. mlterial breach. Th. VENDOR shall hive tltirty (30) dlYs to CU~ Ih. breach. If the VENDOR flils to cu~ the brcac:h within the tltirty (30) dlY period, th. DISTRICT shill issue I T.rmination for Default Notice. Once th. DISTRICT has notified ,h. VENDOR that it his materially breach.d iu PURCHASE ORDER wilh the DISTRICT, th. DISTRICT's Gov.rning Board shall det.rmine whether the VENDOR should b. suspended from doing IùlUre work with the DISTRICT. and if so, for whit period oflim.. Should the DI~RlCT "nninlt. for d.âwlt in I«ordance with this provision, th. DISTRICT shall be entitled to recover reprocurement costs in addition to all other remedies under lIw and/or equity. TERMINATION FOR CONVENIENCE. The DISTRICT may terminate this PO with or with...t cause It any time for c:onvcNenc:e upon 30 calendar dlys prior written notice to the VENDOR In the event of termination for convcN.nce, the DlSTIUCT shall compensate th. VENDOR for all authori=! and ac:c:epted deliverables and/or services compleled throu¡/! the dat. of """;nation in a""'n!anc:e widl tit. SWmnent of Work. Th. DISTRICT shall be ~liewd of any and alllùture obligauons hereunder, including but nol limited 10 lost profiu and consequ.ntiaI dlJnl!es, under this PURCHASE ORDER Th. DISTRICT may withhold all paymenu 10 the VENDOR for such worl< until such time as dI. DISTRICT determi.... the exact amounl due 10 th. VENDOR In th. ......nl I dispul. arises which ,he project mana8'" cannot resolve betWeen tltemselves, the paJ1ies shallltave tit. option 10 submit to nonbinding mediation. RECORDS RETENTION/AUDIT. Th. VENDOR shill mlintain III records, books and docum.nts pertinent to the performance of Ibis PURCHASE ORDER in I=rdance wilb generllly Icœpted accoun'ing principl.s consist.ntly applied. Th. DISTRICT shill hlv, inspection Ind audit rights to such records for I period of 5 y.ars from final Plym.nt under this PURCHASE ORDER Records "Ia'ing to Iny l.gll disputes arising from performance under this PURCHASE ORDER shall be made lvailabi. until finll disposition. 1'/ONDlSCRIMINATION. Th. VENDOR hereby assures thai no person shill b. excluded on tit. grounds of race, color. creed, national origin, handicap, ag. or sex, from participltion in, denied tit. benefits of, or otherwise be subjected to discrimination in any activity hereunder. The VENDOR shall tlk. III measun:s nec:eSSlry 10 ./fcc:luate these assurances. PUBLIC ENTITY CRIMESlSDN LIST. Th. VENDOR, by ilS execution of tIús PURCHASE ORDER or by commenc:ement of shipment with rcserwlions, acknowledSes and Ittests thl! neither i~ nor any onts suppliers. subconlrac;lOl1 or consultants who shall perform work which is int.nded 10 benefit the DISTRICT is included on the U.S. Department of Treasury's List of Specially Designated Nationals and Bloc:ked Penons, is a Stale of Florid I convicted vendor or is included on SWo of Floridl's di.saùninatory vendor list; and if the VENDOR or any affilial. of th. VENDOR has been convic:tcd of a ,.,blic .ntity crime or has been placed on the cüscriminatory vendor list, I period longer than 36 months has pused since placement on one of either of tit... 6sts. Th. VENDOR further understands and Iccepts tha1this PURCHASE ORDER shall be .ither void or subject 10 immediate lermination by the DISTRICT, in the event the<o is any misrep""",tation or Iac:k of compliance wiÙ1 the laws and "8\ÙIions of the U.S. Department o(Treasury andlor tlte mandates of Section 287.133 or Section 287,134, respectively. Florida SIatutes. The DISIllICT, in tit. event ofsuc:h lerminltion, shall not incur any liability to th. VENDOR for any work or _.rials fumished. mUC ACCESS, The VENDOR shaJl allow pub6c Icc:esS 10 all project dooJrn.nts and materials in aa:ordanc:e with the provisions of Chapter 119. Florida Statutes. S~uId the VENDOR assert any exemptions 10 the ~uir.menu of o.lpIer 119 and reialed Statu1os, the burden of establishing such ...mption, by way of injunctive or other relief as provided by IIW, shall be upon tit. VENDOR DISTRICT'S TAX J'JŒMPTION. Th. VENDOR shall nol utilize tit. DISTRICT's ...mption c:enific:ill. toJmber issued pu""ant 10 Sales and Use Tax Law, Chapter 212, Florida S_ when pu!<hasins malarials used 10 lùlfill iu c:onlRàUll obligations with the DISTRICT. The VENDOR shall be responsibl. and liable for the payment of all applicabl. FICA/Social Security and other tIXCS resulting from this PURCHASE ORDER ð~SIGNMENTIGUARANTOR Th. VENDOR shall not assign, d.legat. or otherwise tœlSfer iu ri¡/!U and obligations as set forth in this PURCHASE ORDER witltout dI. prior written consent of lhe DISTRICT. Any att.mpled assignmenl in violation of tIús provision shall be null and void. The VENDOR shall nol pledge tit. DlSTIUCT's c~it or make the DISTIUCT I ¡¡uar>nlOr of payment or surety for any conlrOct, debt, obli8ation, judgmen~ lien, or any IOrm of indebtedness. FORCE MAJEURE. ~ any provisions of this PURCHASE ORDER 10 th. CDntraIy, tit. panies shall nOI be belclliable for any &iJu~ or delay in the perfomwx:e of this PURCHASE ORDER thai arises from fins, I1oods, strikes, embar¡oes, &<:IS of the public enemy, unusually sevcr. """ther. OUIbteak of war, reslrlÏDt of Cìo_~ rioU. civil commocion, Ibrce majeure, aa of God, 01 ICr any other cause of the same dwa<:Ie< which is unavoidable through the exercise of due care and beyond th. control of the parties. FaiJu~ to pabm shall be excused during the contiJwance of such circumstances. but tIús pURCHASE ORDER shall otherwise ~main in .ffect. AMENDMENTS. This Purchuo 0nIeT ....y be amended or rescinded only with the wrinen Ipproval of the parties heRIo ORDER OF PRECEDENCE. AIry inI:onS~y in this pURCHASE ORDER shall be resolved by siw. precedence in the foUowins order: (I) PURCHASE ORDER tams and conditions; (2) Specifications; (3) all other daalmaes. indudin¡¡. but IIOtlimited 10. drawings, desaiptions, sampl«s). ENTIRE AGREEMJ:NT. This PURCHASE ORDER SIal.. the enUre understandinl! and Igreem.nt belwcen the parties and no......... or prior dealing. usase ofth. trade or ex1rinsÎc or parol evidence shall be relevant 10 supplement, vary or explain any term used with respcc.t 10 tIús PURDiASE ORDER Th. Florida Unilbrm Commercial Code (Chapt.... 671 ~79, Florida Statules) shall control definitions The accepranc:e or acquiesc:enc:e of any _ of perfOJTllUl<:e rendered under tIús PUROiASE ORDER shall not be a>IISIr1IeII as a wai_ nor shall it be relevant to d.fine or vary any term stlled heroin. Ths PURCHASE ORDER shall iDure to the benefit of and shall be bindinS upon th. parties. their respective assi¡ns. and NQ:eSSOß in interut. Additional Tenns and Conditions for Commodities: COMPLIANCE. Th. VENDOR, lu employ.... subcontractors or assigns shaJI comply with III Ipplicable fed.ra~ SIIte """ local laws and regulations rellting to the performance of tit. PURCHASE ORDER. Th. DISTRICT und.rtakes no duty to .nsure such complilnce bUI will Ittempt 10 advise the VENDOR. upon requ.s~ as 10 any such Ilws of which it has present knowledg.. APPLICABLE LAWIVENUL The I_s of the State of Florida shall gov.rn all aspects of the PURCHASE ORDER. incIudi"l but not limited 10 the provisions of tit. Florida Unifonn Commercial Code, Chapters 671 ~79, Floridl Statules, for any t.nns Ind condiuons not specifically SIlled in this PURCHASE OEDER In the .vent it is necessary for .ither party to iniliat. 1'811 Iction regarding th. PURCHASE ORDER, venue shill b. in th. Filleenth ludicial Circuit for daims under sWC law and in lb. Southern District of Florid I for Iny claims which Ire juslicilble in federal court. DISTRICT'S TITLE TO MATERIALS. DOCUMENTS" PACKAGING. All materials, dnwings or other itemS provided by the DISTRICT 10 the VENDOR remain the propeRy ofth. DISTRICT and will be retUrned 10 the DISTRICT UIOII demand. All containers, reels or pallets shipped with goods by the VENDOR are 10 runain the property of the DISTIUCT unless otlterwise agreed 10 in wriling ~iIlJ'MENT tINDER RESERVA110N PROHIBITED. VENDOR is not 1U!~rized to ship the goods with any racrvations.... no tender of a bill of lading will subslàut. IS a tender ofthe goods. DELIVERY TERMS'" TRANSPORTATION CHARGES. Delivery is "F.O.B. Destination" unless deliv.ry terms are otherwise specifoed in the PURCHASE ORDER If the DISTIUCT agrees in writing 10 mmbutse the VENDOR for transpOI1IIion costs, the DlSTIUCT shall hive the ri¡/!t to desipt. th. method of shipmcnl In either case, the title and all risk of loss of the goods shall remalD witlt tlte VENDOR until the goods are nc:eived and acceptaI by the DISTRICT. Rejected materials will b. rerumcd to the VENDOR. the VENDOR's risk and expense. VENDOR TO PACKAGE (".ooDS. VENOOR will packag. goods in accordance with good commercial prac:tice. Eac:h shippio¡ container shall b. clearly and perman.ntly marited IS follows: (l) VENDOR's name and address; (2) consisn='s name. address and Pun:hase Order or Purc:hase Rei.... number; (3) container lUmber and total number of containers, ..g., box I of 4 boxes, and (4) Ih. ra>mber of the c:onIain... bearing the pKIån& slip. VENDOR shall b.... tlte cost of plckaging unl..s otherwise specified in tho PURCHASE ORDER. PRICES OIIarED. The VENDOR's price will be the lowest prevai6ns market price and under no cinunstanc:es will the price be higher than specified, witltout the express written authorization of the panies. as evidence by an amendmenlto the PURCHASE ORDER DISTRICT'S RIGHT TO (".ANCEL. The DISTIUCT reserves the right to canc:e\ all or pari of tIús PURCHASE 01lDER, withouI obligation. if aa:eptance is not expn:sscd by the VENDOR either Ibrou¡/! writtott notioo or by delivery ofitems ordered, within the specified time(s) and dill«s). VENDOR NOT TO LIMn' WARRANTY. The Vendor shall not limit or exdud. any express or implied wamsØs and any _plIO do so shall rerKI.r this PURCHASE ORDER void, at the option of the DISTRICT, The VENDOR warrants thlll the goods furnished will conform 10 the specifications. drawings and descriptions listed iDthe oIferi"l document or 10 the sample(s) furnished. TERMSlPROVlSJONS. Should any lerm or provision of tltis PURCHASE ORDER be held. 10 any exlen~ invalid or uneoi>ocabIe. as agaiost any person, entiry or árcumstanœ during the term h.....,( by forœ of any SIIIUIe, law, or tulinI! of any forum of C:Ompelenl jurisdiction, such invalidity shall nol alfecl any other lerm or provision of this PURCHASE ORDER, that the PURCHASE ORDER shall r.main operable, enf..-blc and iD iill force and eB"cá 10 the extent permined by law. Additional Terms and Conditions for Services: STAnMENT OF SERVICES. The CONTRACTOR shall, to the satisfaction of tit. DISTIUCT, lùlly Ind timely perform all wort< items d.scribed in th. "Statement of Worl<", IIItlched to this PO and incorporlted herein. As. part of the services to be provid.d by tit. CONTRACTOR under this PO, tit. CONTRACTOR sball substantiate, in whatever forum reasonlbly requested by th. DISTRICT, tit. methodology. lab analyses, sci.ntilic theori.s, data, reference mlterials Ind research notes to rormutate its opinions and testimony. This paragraph shall survive the expiration or terminarion of this PO. The parti.s ag"" Ihlt time is of th. .ssence in th. performance of each Ind .very obligation hercullller. In lb. event CONTRACTOR employees or hired WOJ\ers are authorized by the Swanent of WorIc 10 perform services on-sile at DISTIUCT focilities, tit. coNTRACTOR heRby ......10 be bound by the DISTIUCT policies and SlJln<!ans of amcIuct listed in ....---,,/ . 1 ATTACHMENT "A" Purchase Order - Statement of Work Floridan Aquifer Monitoring Well Network - Citrus Grove Wells 1.0 - Introduction Between 1996 and 2001 the South Florida Water Management District (District) established a comprehensive Floridan aquifer monitoring well network in the Upper East Coast (UEC) planning area with the help of the S1. Lucie Soil and Water Conservation District (SLSWCD)/ and United States Department of Agricultural Natural Resource Conservation Service (NRCS). The SLSWCDINRCS and the District established the network based on the recommendations of the 1998 UEC Water Supply Plan. The purpose of the network is to evaluate impacts to the aquifer from well withdrawals. In order to do this the SLSWCDINRCS collects water quality, water level, and water use data to determine statistical trends and relationships between the three data sets. Understanding these relationships will help the District prepare future water supply plans for the region. Due to changing land use in the region, one of the sites (Site 29) dropped out of the study. The land use at Site 29 is currently changing from citrus farming to residential. The SLSWCDINRCS have identified a replacement site (Site 206) near Site 29 to use instead. This statement of work (SOW) covers the work involved in repairing well heads at the new site and installing flow meters on the wells. 2.0 - Objectives and Scope of Work The objective of this purchase order is to provide funds for the SLSWCD/NRCS to repair the well heads in Site 206 and install flow meters on each well (8 wells in total). After completing the work, the SLSWCDINRCS will include these wells in their monthly and quarterly sampling regimes. Once a month, they will collect readings for water use (from the totalized flow meter) and specific conductance. They will also collect a groundwater sample from one well at Site 206 for chlorides and total dissolved solids (TDS) analysis every three months (quarterly). The SLSWCDINRCS will select the well for sampling based on the previous three months of flow meter readings. They will select the well with the greatest water use over the past three months. Once they have selected the well, it will be the representative well for Site 206. The SLSWCDINRCS will sample it during subsequent events following the procedures outlined in Contract OT051095. 3.0 - Project Schedule and Deliverables The SLSWCDINRCS will receive one lump sum payment once they deliver a report to the District documenting the well head repairs and flow meter installations. The report should contain photographs of each well at Site 206 and provide a description of the work performed. The deadline for this project is September 30, 2006. Purchase Order No. P602090, Attachment "A", Statement of Work - Page 1 of 1 AGENDA REQUEST ITEM NO.: C-10 DATE: October 10, 2006 CONSENT [X] REGULAR [] PUBLIC HEARING [] Leg. [ ] Quasi-JD. [ ] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants PRESENTED BY: Roberta Breene, Grants Writer SUBJECT: Authorization the submittal of a grant application the County is preparing as a "prospective purchaser" of a portion of the City of Fort Pierce Public Works Compound. The Treasure Coast Regional Planning Council, Treasure Coast Brownfields Program, Sustainable Reuse funds would be used for brownfield assessment of a 15-acre portion of the Compound. BACKGROUND:. An extensive plan is underway that will further the creation of a linear park extending more than 11 miles from the Martin County line to downtown Fort Pierce and will include the Heathcote Botanical Gardens and the 5,OOO-acre Savannas Preserve State Park. Under this plan, the Fort Pierce Public Works Compound property will become an integral and active part of this recreational greenway and park. St. Lucie County is working closely with the City of Fort Pierce, Heathcote Botanical Gardens, and others toward the creation of this planned future-use linear park. As part of these plans, the City of Fort Pierce would relocate its Public Works Compound to a site currently owned by St. Lucie County, and St. Lucie County would become owner of the Public Works Compound property. The site has served as the City's public works area for greater than 50 years. Part of the site has additionally been used for parking, storage, and maintenance of the City's solid waste trucks and garbage receptacles for the past seven years. It is anticipated that some contamination of the site has occurred over the years, most likely as a result of fueling of trucks, spillage of solid waste materials from the trucks and garbage receptacles, and from storage of materials on the site. FUNDS AVAIL.: There is no cost for the assessment provided under this funding opportunity. PREVIOUS ACTION: No previous action. RECOMMENDATION: Staff recommends the Board authorize submittal of a grant application the County is preparing as a "prospective purchaser" of a portion of the City of Fort Pierce Public Works Compound. The Treasure Coast Regional Planning Council, Treasure Coast Brownfields Program, Sustainable Reuse funds would be used for brownfield assessment of a 15-acre portion of the Compound. C~ISSION ACTION: [ ] APPROVED [ ] OTHER: ] DENIED Approved 5-0 ~/ ~DO g Cou t . \..ouUJ..u...L.uo. cion/Signatures ,9;J- . County Attorney: l- (" Originating Dept: j>~~ Finance: (copies only): Mgt & Budget: Public Works: ~.~ AgeUF2002.doc AGENDA REQUEST ITEM NO. 128 DATE: October 10, 2006 REGULAR [X] PUBLIC HEARING 0 CONSENT 0 TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY (DEPT): Administration ..,.-------:) ~--;:::::=~ ----..=~ ----(jpouglas M. Anderson, County Administrator SUBJECT: Treasure Coast Regional Planning Council Comprehensive Economic Development Strategy (CEDS) Committee. Staff requests ratification of the following Commission appointment to the CEDS Committee. · Commissioner Hutchinson - Larry Daum · Commissioner Coward - Harold Symth · Commissioner Craft - Charles Grande · Commissioner Smith - Gwenda Thompson BACKGROUND: N~ FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMEN DATION: Staff recommends that the Board ratify the Commission appointees of the Treasure Coast Regional Planning Council Comprehensive Economic Development Strategy (CEDS) Committee retro to January 1,2006. COMMISSION ACTION: CONCURRENCE: Approved 5-0 ,(P~ ~ APPROVED o OTHER: o DENIED Review and Approvals County Attorney: Originating Dept: Finance: Management & Budget: Other: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 '-_.~-_._--.. AGENDA REQUEST ITEM NO. C-13 DATE: October 10, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Dennis Wetzel, Director SUBMITTED BY(DEPT): INFORMATION TECHNOLOGY SUBJECT: Request board approval for the purchase of an install and maintenance agreement with BellSouth for Metro-E (Ethernet) service to the St. Lucie County Airport. BACKGROUND: BellSouth has a priority system for repairs based on the level of service. This service level will provide the airport with first priority level of service. FUNDS AVAIL: Account # 001-1955-541000-100 Approved - $ 143,166.45 is available. PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board of County Commissions approve the request to purchase the install and sign the maintenance agreement for $9,954.40. COMMISSION ACTION: iK] APPROVED [] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: MDOU Cou County Attorney: )- Originating Dept: a ) Review and ADDrovals Management & BUdget:~ Purchasing: \... ~~ Other: - - ~ INFORMATION TECHNOLOGY Subject: MEMORANDUM (~~(~¡) V(l-/ o ~J a ~ ·fit Dan Mcintyre, County Attorney \ .? of ~ 0 Nicholas Halliday, Information Technology Manager ~~¿t ~('JPJ,t.··, . I ..--.. .. ~ " ,-e C,c../ September 22,2006 " r --.e;v fDi - t Bellsouth Metro Ethernet Agreement I~)+- f!((fPr2~ tt " V~f /lit C-- To: From: Date: Attached is a BellSouth CSA (Customer Service Agreement FL06-H767-01) for Metro Ethernet Service to the St. Lucie County Airport. This CSA is for a 48-month term. Please review the agreements for form, content and correctness ASAP as this is time critical. Please contact me if you need any additional information. Thank you for your immediate attention. cc: Dennis Wetzel ~{rxv ~ qD ~7fJ-; Ó~ )!J Ir/ ~~ \J \~ Attachments: CONTRACTSER~CEARRANGEMENT AGREEMENT Case Number FL06-H767-01 This Contract Service Arrangement (CSA) Agreement ("Agreement") is by and between BellSouth Telecommunications, Inc., a Georgia corporation, d/b/a BellSouth, ("Company") and ST LUCIE COUNTY ("Customer or Subscriber"), and is entered into pursuant to Tariff Section A5 of the General Subscriber Services Tariff. This Agreement is based upon the following terms and conditions as well as any Attachment(s) affixed and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein. 1. Subscriber requests and Company agrees, subject to the terms and conditions herein, to provide the service described in this Agreement at the monthly and nomecurring rates, charges, and conditions as described in this Agreement ("Service"). The rates, charges, and conditions described in this Agreement are binding upon Company and Subscriber for the duration of this Agreement. For the purposes of the effectiveness of the terms and conditions contained herein, this Agreement shall become effective upon execution by both parties. For purposes of the deterITÙnation of any service period stated herein, said service period shall commence the date upon which installation of the service is completed. 2. Company agrees to provide Subscriber notice of any additional tariffed services required for the installation of the Service. Subscriber agrees to be responsible for all rates, charges and conditions for any additional tariffed services that are ordered by Subscriber. 3. This Agreement is subject to and controlled by the provisions of Company's or any of its affiliated companies'lawfully filed and approved tariffs, including but not liITÙted to Section A2 of the General Subscriber Services Tariff and No.2 of the Federal Communications Commission Tariff and shall include all changes to said tariffs as may be made from time to time. All appropriate tariff rates and charges shall be included in the provision of this service. Except for the expressed rates, charges, terms and conditions herein, in the event any part of this Agreement conflicts with the terms and conditions of Company's or any of its affiliated companies' lawfully filed and approved tariffs, the tariff shall control. 4. This Agreement may be subject to the appropriate regulatory approval prior to commencement of installation. Should such regulatory approval be denied, after a proper request by Company, this Agreement shall be null, void, and of no effect. 5. If Subscriber cancels this Agreement prior to the completed installation of the Service, but after the execution of this Agreement by Subscriber and Company, Subscriber shall pay all reasonable costs incurred in the implementation of this Agreement prior to receipt of written notice of cancellation by Company. Notwithstanding the foregoing, such reasonable costs shall not exceed all costs which would apply if the work in the implementation of this Agreement had been completed by Company. 6. The rates, charges, and conditions described in this Agreement may be based upon information supplied to Company by the Subscriber, including but not liITÙted to forecasts of growth. If so, Subscriber agrees to be bound by the information provided to Company. Should Subscriber fail to meet its forecasted level of service requirements at any time during the term of this Agreement, Subscriber shall pay all reasonable costs associated with its failure to meet its projected service requirements. 7. (a) If Subscriber cancels this Agreement or a Service provided pursuant to this Agreement at any time prior to the expiration of the service period set forth in this Agreement, Subscriber shall be responsible for all terITÙnation charges. Unless otherwise specified by the tariff or stated elsewhere in this Agreement, termination charges are defined as fifty percent (50%) of the recurring charges due or remaining as a result of the ITÙnimum service period agreed to by the Company and Subscriber and set forth in this Agreement and any nomecurring charges that were not applied upon installation as set forth in this Agreement. PRIV A TEIPROPRlET AR Y CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 1 of7 AGENDA REQUEST ITEM NO.: C- 10 DATE: October 10, 2006 CONSENT [X] REGULAR [] PUBLIC HEARING [] Leg. [ ] Quasi-JD. [ ] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants PRESENTED BY: Roberta Breene. Grants Writer SUBJECT: Authorization the submittal of a grant application the County is preparing as a "prospective purchaser" of a portion of the City of Fort Pierce Public Works Compound. The Treasure Coast Regional Planning Council, Treasure Coast Brownfields Program, Sustainable Reuse funds would be used for brownfield assessment of a 15-acre portion of the Compound. BACKGROUND:. An extensive plan is underway that will further the creation of a linear park extending more than 11 miles from the Martin County line to downtown Fort Pierce and will include the Heathcote Botanical Gardens and the 5,000-acre Savannas Preserve State Park. Under this plan, the Fort Pierce Public Works Compound property will become an integral and active part of this recreational greenway and park. St. Lucie County is working closely with the City of Fort Pierce, Heathcote Botanical Gardens, and others toward the creation of this planned future-use linear park. As part of these plans, the City of Fort Pierce would relocate its Public Works Compound to a site currently owned by St. Lucie County, and St. Lucie County would become owner of the Public Works Compound property. The site has served as the City's public works area for greater than 50 years. Part of the site has additionally been used for parking, storage, and maintenance of the City's solid waste trucks and garbage receptacles for the past seven years. It is anticipated that some contamination of the site has occurred over the years, most likely as a result of fueling of trucks, spillage of solid waste materials from the trucks and garbage receptacles, and from storage of materials on the site. FUNDS AVAIL.: There is no cost for the assessment provided under this funding opportunity. PREVIOUS ACTION: No previous action. RECOMMENDATION: Staff recommends the Board authorize submittal of a grant application the County is preparing as a "prospective purchaser" of a portion of the City of Fort Pierce Public Works Compound. The Treasure Coast Regional Planning Council, Treasure Coast Brownfields Program, Sustainable Reuse funds would be used for brownfield assessment of a 15-acre portion of the Compound. C~ISSION ACTION: [ ] APPROVED [ ] OTHER: ] DENIED Approved 5-0 ~ ~DO g Cou t . - '~UU.1. U..1.UC1 cion/ Signa tures ·iI County Attorney: ~ Originating Dept: I'. Finance: (copies only) : Mgt & Budget: Public Works: ~~ AgeUF2002.doc ./ INVESTMENT FOR THE FUTURE AGENDA REQUEST ITEM NO: C-11 DATE: October 10,2006 REGULAR [ ] PUBLIC HEARING [] CONSENT ~] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson Director SUBJECT: Bid Waiver/Sole Source Providers Hydropro and Jacobs and Acceptance of Bid from Walsh Environmental Services. BACKGROUND: For the past several months, Parks & Recreation and Utilities staff have been attempting to begin the Reverse Osmosis Water Treatment Plant expansion project at the Fairgrounds. The project has gone to bid twice with bids coming in a minimum of $488,000 over budget. It is the opinion of staff that one of the reasons for the high bids was due to mobilization costs for out of area contractors. Local business owner Patrick Walsh was unable to meet the bond requirements in time to submit a bid. Since then he has been able to meet the requirements and he is able to complete the project within budget. Attached is a memorandum òutlining staff's recommendation which includes the BOCC waiving the bid process, authorizing the direct purchase of the sole Source equipment from Hydropro ($45,000) and Jacobs ($39,900) and authorizing the acceptance of the proposal from Walsh Environmental Services in the amount of $308,000 to complete the project. Based upon staff's recommendation the total project cost is $393,3000 with $397,000 budgeted for the project. PREVIOUS ACTION: Funding approved by the BOCC/April11, 2006 C-4b & May 16, 2006 C-4a FUNDS WILL BE MADE AVAILABLE: 316-7420-563000-7689 (Fairgrounds Water Plant Expansion) 310002-7420-S63000-7689(Fairgrounds Water Plant Expansion) RECOMMENDATION: Staff recommends that the Board of County Commissioners waive the bid process, accept Hydropro ($45,400) and Jacobs ($39,900) as sole source providers for the equipment purchase and acce'pt Walsh Environmental Services' bid in the amount of$308,000. Total project cost is $393,300. Approve the contract as drafted by the County Attorney and authorize the Chairman to sign. COMMISSION ACTION: (XJ APPROVED [ J OTHER: CONCURRENCE: ( J DENIED Approved 5-0 County Attorney: Originating Dept: ;f. ~gt & Budget: 17 Public Works: Coord i n ation/Siq natures f.... ,\0 mf'IbJ Purchasing: \.. \.~ J Other: ....) - .... .. ..... . _ _h,._"., '. .' ...".,"¡ '.,.,' .".,.... . '.' . ", ,. . ..... -- . .. .. --, UTiliTIES DEPARTMENT MEMORANDUM TO: FROM: Debra Brisson, Parks and Recreation Director Raymond Murankus, Utility Project Manager ffrJ Laurie Case, Assistant Utilities Director' ~ IJ Via: CC: . Linda Barton, Assistant Parks and Recreation Director Sherry McCorkle, Fair grounds Manager DATE: September 28, 2006 RE: Fair grounds R.O. Plant Expansion Attached please find the proposal from Walsh Environmental Services, Inc. to expand the existing reverse osmosis (R.O.) water treatment plant at the Fair Grounds from 10,000 gallons per day to 50,000 gallons per day. Per the proposal the S1. Lucie County Parks and Recreation Department will purchase the 40,000 gallon per day reverse osmosis system from Hydropro as a sole source vendor for a total of $45,400.00. The St. Lucie County Parks and Recreation Department will also purchase the 5,000 gallon storage and degasifier tank from Jacobs as a sole source vendor for a total of $39,900.00. Walsh Environmental Services, Inc. proposes to provide all labor, materials, equipment and management necessary to install the 40,000 gallon per day reverse osmosis system and the 5,000 gallon storage and degasifier tank purchased by SLC and complete all remaining installations as designed by Masteller & Moler, Inc. for a total $308,000.00. Total cost for the reverse osmosis water treatment plant expansion at the Fair Grounds from 10,000 gallons per day to 50,000 gallons per day is $393,300.00. .~ J '~~~r WALSH Environmental Services, Inc. f!...b- .r.~1.l'1PilPlfiJI~.~, 11 . __l'I~_....I?i&l~~r.b...lI..T~.~... H Operations ~ Maintenance .:. Management Water & Wastewater S,stems Date: 15 September 2006 To; Ms. Debra Brisson, Director St. Lucie County Parks Department 2300 Virginia Ave Ft. Pierce, FL Project: St Lucie County Fairgrounds RO Plant E"~pansion Proposal Walsh Environmental Services, Inc. (WES) is pleased to present this proposal for the RO Treatment Plant Expansion based on undated specifications containing 13 sections, and Masteller & Moler, Inc. drawings 1 through 5 of 7, dated March 2006, and Garrison Electrical drawings 1 through 3 dated 15 May 2006. Zeta Technologies, Inc. will work as a subcontractor to WES in order to facilitate completion of project. WES proposes to Furnish labor, materials, supervision, cOnstruction equipment and all necessary management to accomplish the installation of the utility work as described: · Install one 40,000 gpd RO skid as manufactured by HvdroDro including controls by HvdroDro. · Install one degasifier system and storage tank and remove and set aside one existing tank for final disposition by others. · Furnish and install all electrical work required by the documents. · Furnish and install new 2" incoming raw water line connection to new skid · Furnish and install new 28 and 48 concentrate line including valves, fittings, meter, static rnixer, and appurtenances · Furnish and install one new chlorine metering pump and one new anti-sealant metering pump and 3 new 50 gallon poly chemical containers · Furnish and install floating pump system including 3 screw anchors and cables and appurtenances including flex piping and cap-lock connection · Fumish and install slope protection at concentrate outfall · Flush, test and put into service (including disinfection as necessary) and demonstrate operation to Owner. All work includes standard one year warranty. · The owner will purchase the RO skid from Hydropro for the sum, $45,400.00 · The owner will purchase the storage tank and degasifier from Jacobs for the sum, $39,900.00 · WES will coordinate shop drawings, delivery and shall be responsible for communications with the vendors. · Zeta shall post a payment and performance bond to the Owner in the amount of the contracted value. Total finn lump sum. . . . . . . . . . . . . . . . . . . . $308.000.00 . . .. PO Box 2009 .:. Vera Beach, FL 32961-009.) (772) 778-1713 .) (772)778-0857 Fa.~ Option #1: Leave all storage tanks in place and furnish and install on 14' x 15' by 6" concrete ~Iab on grade adjacent to and immediately south of existing tank slab, erect new storage tank and degaslfier on that slab and connect to existing storage tank manifold. For the additional cost of ...........................$12.108 . Note: Owner's water on hand will be used for flushing, testing and disinfection operations. We reserve the right to use appropriate SDR HOPE pipe for concentrate and dilution lines in order to facilitate installation in a ground water situation. Submittal data will be provided for material approval. . We have included all specified equipment suppliers per undated bid documents. However. the following specifications pertain to the Hydropro RO skid: Membrane support frame: Our standard is Extren 500 rather than Extren 525 Micron Filter: We will be usinG our customized Hydropro Horizontal pve Micron Filter Reverse Osmosis Pump: We will be usinG a VFD to control the RO Pump which is above and beyond the stated reauirement Membrane Elements: We w;¡¡ probably be usinG the Toray membrane - not yet determined Hiah Pressure PipinG: Hydropro is not an ASTM code certified fabrication facility - yet it is most probable that the Sub-contractors we will be utilizina will have this code certification - reaardless, we won't be adherinG to this condition as it was written by Aerex for their benefit to be exclusive to the project. Control Panel: We will be usinG a Mini-DeS. The pump Model Number is CRN10-9. The skid supplier will require 25% payment with order. 65% payment upon delivery, and 10% upon startup. . . We exclude: Building permits (if required, WES shall aid the Owner in obtaining permits and Owner shall pay actual price of permits and for any other city fees as may be required), as we assume Owner is in possession of a valid construction permit from the FDEP. We further exclude payment of liquidated damaaes. WES will provide an accurate construction schedule and will inform Owner of progress and changes on a regular basis. Actual field work is not the driving schedule item - equipment manufacture and material delivery dictate completion. We exclude painting, seeding and sodding, (we do include rip rap bank protection) fencing and maintenance of the facility while under construction. We will clean up our debris and remove from the site. . . Walsh Environmental Services, Inc. is an experienced utility operations and maintenance company who services various St. Lucie County Facilities for the past 10 years. Zeta Technology is an industrial contractor with a solid reputation and competent engineering ability. They have developed an outstanding reputation in the construction of utility treatment facilities. Zeta and WES are known as contractors that will work out the details to make the finished product work properly and elegantly. We look forward to working with St. Lucie County on this job as well as any other installations where we may be of service. Respectfully submitted, W h Environmental Services 1- Pat ck Walsh \,~sident AGENDA REQUEST ITEM NO. 128 DATE: October 10, 2006 REGULAR [X] PUBLIC HEARING 0 CONSENT 0 TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY (DEPT): Administration ..,...-----:) ~--;:::::=~ ------"=-:J --6 pouglas M. Anderson, County Administrator SUBJECT: Treasure Coast Regional Planning Council Comprehensive Economic Development Strategy (CEDS) Committee. Staff requests ratification of the following Commission appointment to the CEDS Committee. · Commissioner Hutchinson - Larry Daum · Commissioner Coward - Harold Symth · Commissioner Craft - Charles Grande · Commissioner Smith - Gwenda Thompson BACKGROUND: N/A FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board ratify the Commission appointees of the Treasure Coast Regional Planning Council Comprehensive Economic Development Strategy (CEDS) Committee retro to January 1,2006. COMMISSION ACTION: CONCURRENCE: Approved 5-0 ,{...cr, ~ APPROVED o OTHER: o DENIED Review and Approvals County Attorney: Originating Dept: Finance: Management & Budget: Other: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 - '___·C~.___.. AGENDA REQUEST ITEM NO. C-13 DATE: October 10,2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Dennis Wetzel, Director SUBMITTED BY(DEPT): INFORMATION TECHNOLOGY SUBJECT: Request board approval for the purchase of an install and maintenance agreement with BellSouth for Metro-E (Ethernet) service to the St. Lucie County Airport. BACKGROUND: BellSouth has a priority system for repairs based on the level of service. This service level will provide the airport with first priority level of service. FUNDS AVAIL: Account # 001-1955-541000-100 Approved - $ 143,166.45 is available. PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board of County Commissions approve the request to purchase the install and sign the maintenance agreement for $9,954.40. COMMISSION ACTION: CONCURRENCE: pc] APPROVED [] DENIED [ ] OTHER: Approved 5-0 0DOU Cou County Attorney: )- Originating Dept: a ) Review and ADDrovals Management & BUdget:~ Purchasing: '- ~ Other: . . ~ ~ INFORMATION TECHNOLOGY Subject: Bellsouth Metro Ethernet Agreement MEMORANDUM !ç~~c;). k(l-/ n ~J a ~< ·fit i..... ð"ð, C .~ ~ ~ "'.··~t·· ". ~,¿;'I d ",-- "" 1 1 ~. ~/ l.A'1 r ¿e...v ,L 1 U ¡ 't.. w+' 0~e~ tt .,' fJ.-f /JtC C-- To: Dan Mcintyre, County Attorney Nicholas Halliday, Information Technology Manager ~~i From: Date: September 22,2006 Attached is a BellSouth CSA (Customer Service Agreement FL06-H767-01) for Metro Ethernet Service to the St. Lucie County Airport. This CSA is for a 48-month term. Please review the agreements for form, content and correctness ASAP as this is time critical. Please contact me if you need any additional information. Thank you for your immediate attention. cc: Dennis Wetzel Sf fY'XV ~ (\D r?YfJ-; ð~ \1\ tJ tJ i ~r¿ ¥ v ,J2 ~ Attachments: CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL06-H767-01 This Contract Service Arrangement (CSA) Agreement ("Agreement") is by and between BellSouth Telecommunications, Inc., a Georgia corporation, d/b/a BellSouth, ("Company") and ST LUCIE COUNTY ("Customer or Subscriber"), and is entered into pursuant to Tariff Section A5 of the General Subscriber Services Tariff. This Agreement is based upon the following terms and conditions as well as any Attachment(s) affixed and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein. 1. Subscriber requests and Company agrees, subject to the terms and conditions herein, to provide the service described in this Agreement at the montlùy and nonrecurring rates, charges, and conditions as described in this Agreement ("Service"). The rates, charges, and conditions described in this Agreement are binding upon Company and Subscriber for the duration of this Agreement. For the purposes of the effectiveness of the terms and conditions contained herein, this Agreement shall become effective upon execution by both parties. For purposes of the determination of any service period stated herein, said service period shall commence the date upon which installation of the service is completed. 2. Company agrees to provide Subscriber notice of any additional tariffed services required for the installation of the Service. Subscriber agrees to be responsible for all rates, charges and conditions for any additional tariffed services that are ordered by Subscriber. 3. This Agreement is subject to and controlled by the provisions of Company's or any of its affiliated companies' lawfully filed and approved tariffs, including but not limited to Section A2 of the General Subscriber Services Tariff and No.2 of the Federal Communications Commission Tariff and shall include all changes to said tariffs as may be made from time to time. All appropriate tariff rates and charges shall be included in the provision of this service. Except for the expressed rates, charges, terms and conditions herein, in the event any part of this Agreement conflicts with the terms and conditions of Company's or any of its affiliated companies' lawfully filed and approved tariffs, the tariff shall control. 4. This Agreement may be subject to the appropriate regulatory approval prior to commencement of installation. Should such regulatory approval be denied, after a proper request by Company, this Agreement shall be null, void, and of no effect. 5. If Subscriber cancels this Agreement prior to the completed installation of the Service, but after the execution of this Agreement by Subscriber and Company, Subscriber shall pay all reasonable costs incurred in the implementation of this Agreement prior to receipt of written notice of cancellation by Company. Notwithstanding the foregoing, such reasonable costs shall not exceed all costs which would apply if the work in the implementation of this Agreement had been completed by Company. 6. The rates, charges, and conditions described in this Agreement may be based upon information supplied to Company by the Subscriber, including but not limited to forecasts of growth. If so, Subscriber agrees to be bound by the information provided to Company. Should Subscriber fail to meet its forecasted level of service requirements at any time during the term of this Agreement, Subscriber shall pay all reasonable costs associated with its failure to meet its projected service requirements. 7. (a) If Subscriber cancels this Agreement or a Service provided pursuant to this Agreement at any time prior to the expiration of the service period set forth in this Agreement, Subscriber shall be responsible for all termination charges. Unless otherwise specified by the tariff or stated elsewhere in this Agreement, termination charges are defined as fifty percent (50%) of the recurring charges due or remaining as a result of the minimum service period agreed to by the Company and Subscriber and set forth in this Agreement and any nonrecurring charges that were not applied upon installation as set forth in this Agreement. PRIV A TE/PROPRIET AR Y CONTAINS PRIVATE AND/OR PROPKIET ARY fNFORMA TION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page I of7 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL06-H767-01 (b) Subscriber further acknowledges that it has options for its teleco~unications .serv~ces ~rom providers other than Company and t.hat it h~s chos~n Company to provl~e the serVIces m thIS Agreement. Accordingly, if Subscnber assIgns thIS Agree~ent to a certIfied rese~ler of Compa~y local services and the reseller executes a written document agreemg to assume all req~urements of thl~ Agreement, Subscriber will not be billed termination charges. Ho~ever, S.ubscnber agrees that. m the event it fails to meet its obligations under this Agreement or termmates thIS Agreement or servIces purchased pursuant to this Agreement in order to obtain services from a facilitie.s base~ servi~e provider or a service provider that utilizes unbundled network elements, Subscnber wIll be bIlled, as appropriate, termination charges as specified in this Agreement. This Agreement shall be construed in accordance with the laws of the State of Florida. 8. 9. Except as otherwise provided in this Agreement, notices required to be given pursuant to this Agreement shall be effective when received, and shall be sufficient if given in writing, hand delivered, or United States mail, postage prepaid, addressed to the appropriate party at the address set forth below. Either party hereto may change the name and address to whom all notices or other documents required under this Agreement must be sent at any time by giving written notice to the other party. Company BellSouth Telecommunications, Inc. Assistant Vice President 701 Northpoint Pkwy., #400 West Palm Beach, FL 33407 Subscriber ST LUCIE COUNTY 2300 VIRGINIA AVE FORT PIERCE, FL 34982 10. Subscriber may not assign its rights or obligations under this Agreement without the express written consent of Company and only pursuant to the conditions contained in the appropriate tariff. 11. In the event that one or more of the provisions contained in this Agreement or incorporated within by reference shall be invalid, illegal, or unenforceable in any respect under any applicable statute, regulatory requirement or rule oflaw, then such provisions shall be considered inoperative to the extent of such invalidity, illegality, or unenforceability and the remainder of this Agreement shall continue in full force and effect. 12. Subscriber acknowledges that Subscriber has read and understands this Agreement and agrees to be bound by its terms and conditions. Subscriber further agrees that this Agreement, and any orders, constitute the complete and exclusive statement of the Agreement between the parties, superseding all proposals, representations, and/or prior agreements, oral or written, between the parties relating to the subject matter of the Agreement. 13. Acceptance of any order by Company is subject to Company credit and other approvals. Following order acceptance, if it is determined that: (i) the initial credit approval was based on inaccurate or incomplete information; or (ii) the customer's creditworthiness has significantly decreased, Company in its sole discretion reserves the right to cancel the order without liability or suspend the Order until accurate and appropriate credit approval requirements are established and accepted by Customer. 14. This Agreement is not binding upon Company until executed by an authorized employee, partner, or agent of Subscriber and Company. This Agreement may not be modified, amended, or superseded other than by a written instrument executed by both parties, approved by the appropriate Company PRNATE/PROPRlETARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 2 of 7 CONTRACTSER~CEARRANGEMENT AGREEMENT Case Number FL06-H767-01 organization, and incorporated into Company's mechanized system. The undersigned warrant and represent that they have the authority to bind Subscriber and Company to this Agreement. 15. Should any state or federal1egislative or regulatory authority with appropriate jurisdiction determine that any or all of the Regulated Services provided hereunder should no longer be regulated or provisioned under previously applicable tariffs, and provided it is otherwise permissible under applicable state or federal law, the Parties agree that their respective provision and purchase of such Regulated Services shall thereupon be governed by the terms and conditions of this Agreement. PRIV A TEIPROPRIET ARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 3 on CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL06-H767-01 Option 3 of 3 Offer Expiration: This offer shall expire on: 12/31/2006. Estimated service interval following acceptance date: Negotiable weeks. Service description: This Contract Service Arrangement (CSA) provides BellSouth® Metro Ethernet service. This Agreement is for forty-eight (48) months. Under this Agreement, the service may only be purchased by Customers whose traffic on this service will be at least 90% intrastate. Customer is responsible for complying with this requirement, and by ordering or accepting such service under this Agreement, Customer is representing to the Company that its traffic on the service will be at least 90% intrastate. Customer understands and agrees that Company is relying upon Customer's representations concerning the proper jurisdiction of any and all circuits ordered under this Agreement. Customer expressly agrees that Company has the right, in its sole discretion, to immediately convert any circuit or service to the correct jurisdiction, and adjust the rates and terms accordingly, should the Company determine that the jurisdictional nature of the circuit or service is different than what the Customer represented. Customer agrees to hold the Company hannless, and to indemnify and defend the Company from any and all claims that may result from the Company's conversion of any circuit or service to the correct jurisdiction, based on any good faith effort to comply with applicable regulatory requirements. This Agreement shall be extended for additional one-year terms under the same terms and conditions herein unless either party provides written notice of its intent not to renew the Agreement at least sixty (60) days prior to the expiration of the initial term or each additional one-year term. Customer Initials PRIV A TE/PROPRIET ARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 4 of7 CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL06-H767-01 Option 3 of 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the dates set forth below. Accepted by: Subscriber: ST LUCIE COUNTY By: Authorized Signature Printed Name: Title: Date: Title: Date: PRIV A TE/PROPRlET ARY CONTAINS PRIV ATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 5 of? CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL06-H767-01 Option 3 of 3 RATES AND CHARGES 1 Rate Elements BellSouth® Metro Ethernet Service, 10 Mbps Premium Connection, per connection, Fixed Mode 2 Metro Ethernet Reporting Charge, per connection 3 Special Construction for placing new facilities Non-Recurring $1,000.00 Monthly Rate $810.00 $.00 $8.00 $.00 $.00 PRIV A TE/PROPRIET ARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 6 of? USOC MTEP3 CNMME WOOOV CONTRACT SERVICE ARRANGEMENT AGREEMENT Case Number FL06-H767-01 Option 3 of 3 RATES AND CHARGES NOTES: The Subscriber is liable for the revenues to the Company for the full term of this Agreement. If the Subscriber disconnects early, two payment options are available: 1. Continue paying the monthly rates for the remainder of the Agreement term, or 2. Make a lump sum payment discounted by the current prime interest rate plus two percentage points. If facilities do not exist, special construction charges may apply. All rules and regulations found in the BellSouth® Metro Ethernet tariff are applicable to this CSA. These rates and charges are only valid if the Customer is served from a central office equipped for BellSouth® Metro Ethernet service, or can be extended to a central office equipped for BellSouth® Metro Ethernet service. The following nonrecurring charges will not apply upon initial installation. However, if any of the service is disconnected prior to the expiration of this CSA, then Subscriber will pay full nonrecurring charges as identified below in addition to applicable termination liability. USOC WGGVF-Contract Preparation Charge WOOOV-Special Construction Charge NONRECURRING CHARGE $503.00 $25,584.00 Registered trademark of BellSouth Intellectual Property Corporation END OF ARRANGEMENT AGREEMENT OPTION 3 PRIV A TEIPROPRIET ARY CONTAINS PRIVATE AND/OR PROPRIETARY INFORMATION. MAY NOT BE USED OR DISCLOSED OUTSIDE THE BELLSOUTH COMPANIES EXCEPT PURSUANT TO A WRITTEN AGREEMENT. Page 7 of7 To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: ,..y.., COMMISSION ACTION: L:.::J APPROVED c=J OTHER Approved 5-0 Agenda Request Item Number Date: C..I Y f\ 10/10/2006 Consent Regular Public earing L g. [ ] [ X ] [ ] [ ] Quasi-JD [ Board of County Commissioners Environmental Resources Dept. r Request of Culpepper & Terpening, Inc. for an exemption from the requirements of Section 11.02.09(A)(5), St. Lucie County Land Development Code, to prepare an Environmental Impact Report (EIR) for the project to be known as Equestrian Acres. The developer of Equestrian Acres, proposed to be located on 38.01 acres of land on Shinn Road north of Okeechobee Road, is requesting that the Board grant relief from the requirements of Section 11.02.09(A)(5) ofthe St. Lucie County Land Development Code. Section 11.02.09(A)(5)(d) requires that all site plans greater than ten acres in size, include as a part of the site plan review process, an Environmental Impact Report (EIR). The purpose of the EIR is to assess the impacts of the proposed development upon the existing natural environmental conditions. The Board of County Commissioners may grant relief from the requirements for the filing of this report upon the demonstration by the developer that the information being foregone by such relief is not needed in order to determine the impacts of the proposed development upon the existing natural environment. The proposed Equestrian Acres site is located on land that has been used for citrus and other fruit trees; the site consists of previously cleared citrus areas and standing grove areas. All native habitats have been cleared for these agricultural activities. There are no significant environmental features on the subject property, other than the potential for gopher tortoises to be using the site. The Florida Fish and Wildlife Conservation Commission (FWC) has found that fallow cleared and uncleared citrus groves can and do sometimes support significant tortoise populations. Therefore, the Environmental Resources Dept. (ERD) supports the EIR waiver, on the condition that the applicant perform gopher tortoise surveys in accordance with FWC survey guidelines. Survey results must be provided to ERD per Comprehensive Plan Policies 8.1.12.5 and 8.1.8.10, prior to site plan approval. N/A None Staff recommends that this request for an exemption from the requirements of Section 11.02.09(A)(5) be approved and that no environmental impact report be required from this project, on the condition that the applicant perform gopher tortoise surveys in accordance with FWC survey guidelines. Survey results must be provided to ERD per Comprehensive Plan Policies 8.1.12.5 and 8.1.8.10, prior to site plan approval. CONCURRENCE: D DENIED ; "" Commission Review: October 1 0, 2006 Environmental Resources Department MEMORANDUM TO: County Commission FROM: Environmental Resources Director DATE: October 10, 2006 SUBJECT: Request of Culpepper & Terpening, Inc. for an exemption from the requirements of Section 11.02.09(A)(5), St. Lucie County Land Development Code, to prepare an Environmental Impact Report (EIR) for the project to be known as Equestrian Acres. The developer of Equestrian Acres, proposed to be located on 38.01 acres of land on Shinn Road north of Okeechobee Road, is requesting that the Board grant relief from the requirements of Section 11.02.09(A)(5) of the St. Lucie county Land Development Code. Section 11.02.09(A)(5)(d) requires that all site plans greater than ten acres in size, include as a part of the site plan review process, an Environmental Impact Report (EIR). The purpose of the EIR is to assess the impacts of the proposed development upon the existing natural environmental conditions. The Board of County Commissioners may grant relief from the requirements for the filing of this report upon the demonstration by the developer that the infonnation being foregone by such relief is not needed in order to detennine the impacts of the proposed development upon the existing natural environment. The proposed Equestrian Acres site is located on land that has been used for citrus and other fruit trees; the site consists of previously cleared citrus areas and standing grove areas. All native habitats have been cleared for these agricultural activities. There are no significant environmental features on the subject property, other than the potential for gopher tortoises to be using the site. The Florida Fish and Wildlife Conservation Commission (FWC) has found that fallow cleared and uncleared citrus groves can and do sometimes support significant tortoise populations. Therefore, the Environmental Resources Dept. (ERD) supports the EIR waiver, on the condition that the applicant perfonn gopher tortoise surveys in accordance with FWC survey guidelines. Survey results must be provided to ERD per Comprehensive Plan Policies 8.1.12.5 and 8.1.8.10, prior to site plan approval. Staff recommends that this request for an exemption from the requirements of Section 11.02.09(A)(5) be approved and that no environmental impact report be required from this project, on the condition that the applicant perfonn gopher tortoise surveys in accordance with FWC survey guidelines. Survey results must be provided to ERD per Comprehensive Plan Policies 8.1.12.5 and 8.1.8.10, prior to site plan approval Vanessa Bessey Environmental Resources Director cc: culpepper and Terpening File , ~o~nty Attorney ~ o.,.,na..... Oept., Finance: Coordination! Signatures Mgt. & Budget: Other: ; i m~m/ u Chas~: ~ Other: ITEM NO. (J l\ Þ DATE: October 10,2006 AGENDA REQUEST REGULAR [] PUBLIC HEARING [ ] CONSENT [X] SUBMITTED BY (DEPT): Environmental Resources Department Va sa Bessey Environmental Resources Directo TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Staff requests approval of the First Amendment to Agreement C06-05-362 with Glatting Jackson Kercher Anglin Lopez and Rinehart for the preparation of a Bicyc1e1Pedestrian Greenways and Trails Master Plan and authorize the chair to sign the Agreement as prepared by the County Attorney's Office. The purpose of the amendment is to allow for billing on an approximate monthly basis instead of a lump sum. BACKGROUND: On September 13, 2001 the Board approved Capital Project Number 59 to prepare a county wide Greenways and Trails BicyclelPedestrian Master Plan. FUNDS A V AD....: Funds are available in 001-1510-531000-39004. Professional Services - Greenways and Trails Bicycle/Pedestrian Master Plan. PREVIOUS ACTION: On August 9,2005 thc Board granted permission to advertisc for Grccnways and Trails Bicyc1c/Pcdcstrian Master Plan RFP. On November 22, 2005 the Board granted pennission to negotiate with the top-ranked finn Glatting and Jackson to prepare the Greenways and Trails Bicyc1e1Pedestrian Master Plan RFP. On April 18, 2006 the Board approved Budget Amendment BA06-1 02 to take $70,000 from General Fund Contingency to increase the budget for the Greenways and Trails Bicyc1e1Pedestrian Master Plan. On May 9, 2006 the Board approved the agreement with Glatting Jackson as prepared by the County Attorney's Office and authorized the Chair to sign the agreement. RECOMMENDATION: Staff recommends that the Board approve the the First Amendment to Agreement C06-05-362 with Glatting Jackson Kercher Anglin Lopez and Rinehart for the preparation of a Bicyc1e/Pedestrian Greenways and Trails Master Plan and authorize the chair to sign the Agreement as prepared by the County Attorney's Office. COMMISSION ACTION: CONCURRENCE: - ['1"- -.., l~r þt) (x)Originating Dept [X] Finance CoDv Onlv v CoonUnationlSImatures [X]Purcbasmg... ~ . [ )Co. Em! [)(I APPROVED [ ] OTHER: [ ] DENJED Approved 5-0 [ )Com. Dev. [ ]Fiscal Coord , INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Vanessa Bessey, Environmental Resources Director FROM: Katherine Mackenzie-Smith, Assistant County Attorney",.K' 06-1588 C.A. NO: DATE: September 27, 2006 SUBJECT: 1 st Amendment to Agreement - Glatting Jackson Kercher Anglin Lopez Rinehart Attached please find the above referenced agreement that I have reviewed and approved for form and correctness. Please obtain signatures from the contractor on four originals and agenda for board approval. Thank you. KMS/mlf Enc. ~!Jti SEP 2 8 2006 5rf!1itOn9\f;3UfW FIRST AMENDMENT TO MAY 9, 2006 AGREEMENT BETWEEN ST. LUCIE COUNTY AND GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART FOR PROFESSIONAL SERVICES (BICYCLE/PEDESTRlAN GREENW A YS & TRAILS MASTER PLAN) THIS FIRST AMENDMENT made and entered into this _ day of , 2006, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County', and, GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART or its successors, executors, administrators, and assigns hereinafter called the "Consultant." WIT N E SSE T H: WHEREAS, on May 9,2006 the parties entered into a Consultant Agreement (Agreement) whereby the Consultant agreed to provide professional services to provide a bicycle/pedestrian greenways and trails master plan; and WHEREAS, the Agreement provided for compensation to be in a lump sum in accordance with Exhibit B attached to the Agreement; and, WHEREAS, the parties desire to amend the Agreement and Exhibit B to provide for monthly compensation, subject to the same terms and conditions. NOW THEREFORE, in consideration of the promises contained herein, the parties agree as follows: 1. Paragraph 6 of the Agreement is amended in its entirety as follows: 6 TERM OF AGREEMENT; WORK AUTHORIZATIONS. The Consultant shall be compensated for all services rendered under this Agreement in accordance with the provisions of Amended Exhibit "B"attached hereto and made a part hereof. All invoices presented to the County for payment shall be on a Request for Payment -1- form approved by the County. 2. Except as amended herein, the remaining terms and conditions of the May 9,2006 Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Consultant has affixed his, its or their names, or name. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART BY: SECRETARY PRESIDENT (SEAL) g:\atty\agreemnt\ 1 a-glattingj ackbike -2- ~ [C Jack F. Glatting, Founder William J. Anglin, Jr. David L. Barth Gregory A. Bryla Frances E. Chandler-Marino Charles P. Cobble Jay H. Exum Carey S. Hayo Jay R. Hood Timothy T. Jackson William C. Kercher, Jr. Walter M. Kulash Brent A. Lacy Sharon K. Lamantia Thomas J. McMacken, Jr. John H. Percy John F. Rinehart Troy P. Russ Peter C. Sechler Charles M. Arkins Dan E. Burden Karen T. Campblin Nate L. Clair DavId R. Claus Todd D. Clements Michael R. Cochran A. Blake Drury Christi B. Elflein Douglas V. Gaines John T. Griffin III Bruce C. Hall David M. Hoppes Patticia Sepulveda-Hurd Gail D. Lacey William D. Lites Ian M. Lockwood Kok Wan Mah Jeflì-ey F. Manuel Edward J. McKinney Ranclall S. Mejeur Douglas A. Metzger John J. Moore III Balraj N. Mohabeer Jonathan M. Mugmon Karen D. Nelson ICarhJeen S. O'Sullivan Kelley Samuels Perennan Heather J. Phiel Mary Taylor Raule"on Nancy M. Roberts Tara L. Sahnieri Andrew B. Sheppard Mike P. Sobczak JeffM. Sugar Ronald L. Urbaniak G. Wade Walker Gary E. Wamer John Paul Weesner Donald G. Wishart Community Planning & Design 222 Clematis Street Suite 200 West Palm Beach Florida 33401 P: 561 659 6552 F:5618331790 www.glatting.com Atlanttl . O,/ando \+ést Palm Beach· GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART LETTER OF AGREEMENT February 13, 2006 Revised March 14, 2006 Revised September 11,2006 Vanessa Bessey Environmentai Resource Manager St. Lucie County Public Works Dept 6120 Glades CutoffRd Ft. Pierce, Florida 34981 Telephone: (772) 462.2526 Facsimile (772) 462.1684 Hereinafter referred to as Client. AND Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. 222 Clematis St, Suite 200 West Palm Beach, Florida 32801 Hereinafter referred to as Glatting Jackson Re: S1. Lucie County Bicycle, Pedestrian, Greenways & Trails Plan Glatting Jackson Project #19342.0 Dear Vanessa, Glatting Jackson is pleased to provide this Letter of Agreement to St. Lucie County to prepare a County-wide Bicycle/ Pedestrian Greenways & Trails Master Plan. Following is our proposed Scope of Services and Fees. 1.0 PROJECT DESCRIPTION 1.1 The project is the preparation of a Bicycle, Pedestrian, Greenways & Trails Master Plan (the Plan) for the S1. Lucie County Board of County Commissioners. For the purpose of this Scope of Services, the study area shall encompass all of St. Lucie County. 1.2 The Plan will define a system of sidewalks, bike lanes, paths, greenways and trails within St. Lucie County that can provide integrated and continuous corridors for non-motorized transportation, wildlife and recreation throughout the county in a manner that is sensitive to the needs of various user groups, the natural and built environment, necessary management and maintenance, and potential funding capabilities of local government. The Plan will evaluate alternative locations and design criteria that will result in a balanced and integrated trail system. The system may include improved and unimproved facilities for bicyclists, EXHIBIT R~ "B" Glatting Jackso.n Kercher Anglin Lapez Rinehart, Inc. Page I af /0 I [C pedestrians, rollerbladers, equestrians and other users. The Plan will include a map of existing and proposed locations of trails and amenities, a prioritized list of specific projects for future funding and implementation, and supporting infonnation on costs, funding, and management of the identified facilities. The proposed plan will be developed to assist the County in promoting future urban development patterns that maintain ecological corridors, scenic transportation corridors and linear recreational areas while providing an efficient and suitable pattern of growth. The Plan will be consistent with applicable Florida Department of Transportation (FDOT) regulations and laws, codes and ordinances of the State of Florida. The Plan will also be consistent with the Transportation Equity Act of the 21 5t Century (TEA-21), and related policies of the Federal Highway Administration (FHW A) and the Federal Transit Administration (FTA). 1.3 Specific activities to be undertaken by Glatting Jackson include: 1. Identification of existing federal, state and local legislation, policies and programs that affect bicyclists, pedestrians and greenways & trails. 11. Formulation of a Public Involvement Plan which includes the County Bicycle/ Pedestrian Advisory Committee, the Land Acquisition Selection Committee (LASe) and identified staff and a strategy to be used through the development of the Plan. 111. Identification and inventory of existing sidewalk, bike lanes, paths, watercourses (such as canals), and greenways and trails including opportunities and constraints in the network. iv. Development of a methodology for the analysis of the bicycle and pedestrian data. v. Identification, evaluation and ranking of bicycle, pedestrian and greenway & trail improvements. VI. Development of an implementation process by which the identified goals and objectives of the Plan can be attained. vii. Identification of existing and potential funding opportunities from various and wide-ranging sources. 1.4 Additional Professionals working on the project under contract to Glatting Jackson include: RMPK Funding Funding Analysis 2.0 SCOPE OF SERVICES PART I - Inventory of Existing Conditions and Data Collection 2.1 Project Coordination - In addition to the specific services detailed below, Glatting Jackson shall coordinate our work with the Client's representative and the Client's project teams, monitor the project schedule as it relates to the scope contained herein, and provide timely invoicing and reporting of project progress. 2.2 Coordination of the Work of Subconsultants to Glatting Jackson - The Client hereby acknowledges and agrees that Glatting Jackson will assume responsibility for the coordination of work produced by any subconsultants to Glatting Jackson. However, the Client agrees that Glatting Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 2 of 10 [C Jackson does not bear any liability for the technical accuracy of work prepared by others including subconsultants. All professional firms working on the project shall bear separate responsibility and liability for the work prepared by them. 2.3 Research of Official Documents - Glatting Jackson shall provide a comprehensive summary of legal documents, plans, and ordinances that may influence aspects of the Plan. Information to be reviewed shall include: · County Comprehensive Plans, previous bicycle/ pedestrian plans, previous Greenways & Trail documents, current neighborhood plans, Metropolitan Planning Organization studies including the current Transportation Improvement Plan (TIP), the Long Range Transportation Plan and Transit Development Plan, the County's 2002 Native Habitat Inventory, and the County's Urban Service Area Boundary Study. · Legal ordinances and policies relevant to the completion and implementation of the Plan. This will include any local, state and federal legislation that impacts bicyclel pedestrian travel as well as green ways & trails. · Existing funding sources available for the construction and improvements of sidewalks, bike lanes, paths greenways and trails. · Design and safety standards for sidewalk, bike lanes, paths, greenways and trails. · County GIS Mapping, (to be provided in electronic and printed format by the County). The mapping shall include all publicly owned right-of-ways, canals, lands and easements that may be useful in the development of a system of greenways and trails. Quantity of public lands by location as well as dimensions as appropriate shall be included. Mapping shall also identify existing greenways protected through public or private conservation. PART II - Analysis of Existing Conditions Analysis of Existing Conditions - Using feedback rrom the public (collected as described below) and the data collected in Part I, Glatting Jackson shall identify major sidewalk, bike lane, path, green way and trail trends, issues, needs, constraints and opportunities within the study area. The . analysis shall include recommendations for additions, additional protection or enhancements of existing greenways, as needed. PART III - Public Involvement and Needs Assessment 2.4 Public Involvement Plan - The program for public participation is as follows. Additional meetings that are required once the detailed Public Involvement Plan has been written as described herein, or are requested by the County, will be provided as an Additional Service to this Agreement. All workshops and meetings will be coordinated by the COUNTY, including invitations, advertisements, meeting locations, rerreshments, interpreters and I or other meeting logistics. The COUNTY will schedule meetings consecutively, or on successive days to allow for coordinated travel. 2.5.1 Interviews wi County Commissioners - Glatting Jackson shall conduct 1 session of interviews with the County Commission and the County Administrator. The County will coordinate meetings to be on the same day. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 3 of 10 [C 2.5.2 BPAC, LASC Workshops - Glatting Jackson shall conduct two (2) - Y2 day workshops with the Bicycle and Pedestrian Advisory Committee (BP AC), and the Land Acquisition Selection Committee (LASC) to brief them on the upcoming planning process and to receive input on that process. The County will coordinate meetings to be on the same day. 2.5.3 User Group Workshops - Glatting Jackson shall conduct up to six (6) Stakeholder / Focus Group workshops. The COUNTY will coordinate all workshops to be held on two (2) consecutive days. County staff will help facilitate the meeting and provide logistical support. 2.5.4 Public Workshops/Charettes (up to 4) - Glatting Jackson shall facilitate a series of public workshops/ charettes, one (1) in each of the four quadrants of the County. The COUNTY will choose the locations of the meetings and will schedule meetings to allow for coordinated travel. 2.5.5 Adjacent Community Workshops (up to 2) - Glatting Jackson shall conduct two (2) - Y2 day workshops with the adjacent communities of Port St. Lucie/St. Lucie Village/Indian River County and Martin County to insure connectivity and promote a regional greenways initiative. 2.6 Review Meeting - Glatting Jackson shall conduct one review meeting with COUNTY representatives to discuss the findings of the above workshops to detennine if there is sufficient public consensus to proceed. The COUNTY shall provide a written summary of all comments and recommended changes to the needs assessment findings. 2.7 Needs Assessment Summary - Glatting Jackson will compile the infonnation gathered during the public involvement process into a Needs Assessment Summary, and will submit a copy to the COUNTY for review and distribution. The Summary will include a list of Preliminary Recommendations based on the findings. Glatting Jackson shall revise the summary one (1) time, if necessary, based on a consolidated set of written rèview comments by the County. Part III Deliverables: . Needs Assessment Summary Report (Draft and Final) . PowerPoint Presentation of Needs Assessment Findings Part IV - Plan Development and Design Glatting Jackson will develop plans and designs for the S1. Lucie County Greenways and trails system including the following: 2.8 Composite Bicycle/ Pedestrian, Greenways and Trails Map - Glatting Jackson shall prepare a composite map showing the amalgamated vision plans as a single comprehensive Greenways and Trails Master Plan. 2.9 Review Meeting - Glatting Jackson shall conduct one review meeting with COUNTY representatives to review the preliminary Visions and Plans. The COUNTY shall provide a written summary of all comments and recommended changes to plans. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 4 of 10 [C 2.10 Implementation! Funding Workshop - Glatting Jackson shall facilitate a Y2 day workshop with COUNTY representatives to discuss potential funding opportunities and an implementation strategy. 2.11 Bicycle! Pedestrian Greenways ~ Trails Master Plan - Glatting Jackson shall develop a series of prioritized sidewalk, bike lane, path, greenway and trail projects which shall include the recommendations received at public workshops and meetings as well as the evaluation criteria. The priorities shall be consistent with the outlined goals and objectives of the Plan. An analysis of the priorities shall include an order of magnitude cost to implement. Prioritized projects will be ranked in various categories and shall include GIS based mapping. 2.12 Typical Sections - Based on the results of the previous tasks, input received from the public and national and state guidelines, Glatting Jackson shall develop a series of typical sections to be considered in specific locations in the network. A variety of typical cross sections may be required to provide the flexibility needed to respond to the site conditions and design opportunities. Places of access, trailheads and other key support facilities may also be required. 2.13 Funding Opportunities -G1atting Jackson shaH identify a range of genera1 and specific funding opportunities for sidewa1ks, bike 1anes, paths, greenways and trai1s. These funds may come from pub1ic sources, private sources, publici private partnerships, inter-10ca1 agreements, 1and development regulations, or grants (federal, state and loca1). 2.14 Implementation Plan- Glatting Jackson shall development an Implementation Plan that is rea1istic and achievable. The Implementation Plan shall identify the logical phasing, critical actions and re1ative length of time likely needed to implement the proposed projects. The implementation plan will also include a discussion on environmental impacts and pennitting requirements, safety and security, educational programs, and facility maintenance. Land protection mechanisms shall be identified and the pros and cons of each summarized. The role of various government agencies in the implementation of the Plan shall be defined. 2.15 Draft Master Plan Report - Glatting Jackson shall produce a Draft Master Plan Report comprised of a three ring binder that includes the following: · A color Executive Summary/ Poster · A color Brochure · Needs Assessment Summary Report · . Conceptual Bicycle, Pedestrian, Greenways and Trails Map · Implementation Plan · Typical Trail Sketches 2.16 Review Meeting! Revisions - Glatting Jackson shall conduct one review meeting with COUNTY representatives to discuss the report. The COUNTY shall provide a written summary of all comments and recommended changes to the report. Glatting Jackson shall revise the report one (1) time based on the County's comments. 2.17 Final Presentation - Glatting Jackson shall prepare and present a final PowerPoint presentation of the Plan at one (1) County Commission meeting. The COUNTY will be responsible for all meeting 10gistics. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 5 of 10 [C 2.18 Final Report - The Final Report shall include ten (10) paper copies and one (1) electronic copy of the Master Plan Report comprised of a three ring binder that includes the following: · A color Executive Summary/ Poster · A color Brochure · Needs Assessment Summary Report · Conceptual Bicycle, Pedestrian, Greenwaysand Trails Map · Implementation Plan · Typical Trail Sketches Part IV Deliverables: · Bicycle, Pedestrian, Greenways and Trails Master Plan Reports (10 copies) · Executive Summary/ Posters (10 copies) .. Color Brochures (2000 copies) · Electronic copy of the Final PowerPoint Presentation Part V - Additional Services 2.19 Additional Services - Glatting Jackson will provide Additional Services as mutually agreed upon between Glatting Jackson and the Client. If such changes affect Glatting Jackson's cost or time required for perfonnance of the Services, an equitable adjustment will be made through an amendment to this Agreement. 3.0 PROJECT SCHEDULE Glatting Jackson is prepared to begin work on the project immediately upon receipt of a notice to proceed from the County. Glatting Jackson, in consultation with the Client, shall perfonn its work in such a manner as to comply with an agreed upon schedule. 4.0 ASSIGNED PERSONNEL The following personnel from Glatting Jackson will be assigned to this project, and will have the responsibilities described: David L. Barth Dan Burden Joseph Webb Carlos Perez Principa1-In-Charge/ Principal 5 Urban Designer 7 Project Manager/Landscape Architect 4 Landscape Designer 1 5.0 COMPENSATION 5.1 Parts I - IV - The fee for Parts I-IV shall be billed on approximately a monthly basis for a total fee of one hundred seventy thousand dollars ( $170,000) including direct expenses. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 6 of 10 [C 5.2 Part V - The fee for Part V, Additional Services, shall be billed using the hourly rates and direct expenses detailed below or as agreed upon fixed fee. 5.3 Hourly Rate Schedule Principal 5 $250 Landscape Architect 6 $200 Principal 4 $225 Landscape Architect 5 $165 Principal 3 $215 Landscape Architect 4 $130 Principal 2 $190 Landscape Architect 3 $110 Principal 1 $165 Landscape Architect 2 $95 Planner 6 $200 Landscape Architect 1 $75 Planner 5 $165 Landscape Designer 3 $90 Planner 4 $130 Landscape Designer 2 $80 Planner 3 $110 Landscape Designer 1 $70 Planner 2 $95 Urban Designer 7 $215 Planner 1 $75 Urban Designer 6 $200 Transportation Engineer 6 $200 Urban Designer 5 $165 Transportation Engineer 5 $165 Urban Designer 4 $130 Transportation Engineer 4 $130 Urban Designer 3 $110 Transportation Engineer 3 $110 Urban Designer 2 $95 Transportation Engineer 2 $95 Urban Designer 1 $75 Transportation Engineer 1 $75 Public Relations 3 $95 Transportation Planner 6 $200 Public Relations 2 $85 Transportation Planner 5 $165 Public Relations 1 $75 Transportation Planner 4 $130 GIS Specialist 2 $95 Transportation Planner 3 $110 GIS Specialist 1 $75 Transportation Planner 2 $95 QA/QC Specialist $95 Transportation Planner 1 $75 Graphic Artist 4 $110 Ecologist 5 $165 Graphic Artist 3 $95 Ecologist 4 $130 Graphic Artist 2 $85 Ecologist 3 $110 Graphic Artist 1 $75 Ecologist 2 $95 Administrative Assistant $55 Ecologist 1 $75 Technician $50 Environmental Technician $65 5.4 Annual Increase In Hourly Rates - The hourly rates contained in this Agreement shall be effective for not less than one (1) year from the date of this Agreement. Glatting Jackson may, upon notification to the Client, increase hourly billing rates thereafter. Rates will not be increased more often than once a year. 5.5 Application Fees - All application, filing, and pennit fees, including, without limitation, all fees to local, regional and state governments and agencies, shall be paid by the Client directly to the appropriate agency at the required time. 5.6 Sub consultant Fees - Fees for subconsultants working on this project under direct contract with Glatting Jackson are included in the fees for each part of the scope of services detailed above. Glatting Jackson bears no liability for the technical accuracy of work prepared by others including subconsultants to Glatting Jackson. Part N RMPK Funding Mad Rush Graphics $ 2,500.00 $ 7,500.00 Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 7 of 10 [C 6.0 CLIENT RESPONSIBILITIES 6.1 Client shall designate a Project Representative immediately upon execution of this Letter of Agreement, who shall be GIatting Jackson's point of contact with the Client, and who shall, by virtue of Client's designation, have authority to bind the Client. The Project Representative shall be responsible for all coordination with the Owner (if a separate person or entity from the Client as shown in Article 1) and any separate consultants. 6.2 Client shall provide full information to GIatting Jackson regarding project requirements and constraints including, without limitation, a program setting forth the Client's objectives, and shall provide all data, drawings, information or other resources requested by GIatting Jackson that are necessary for completion of the project. 6.3 Client shall comply with any schedule requirements made known to the Client by GIatting Jackson and, in any event, shall be available to meet with GIatting Jackson and provide decisions in a timely manner throughout the project. 6.4 Client shall be responsible for an other aspects of the project not specificalIy assigned to Glatting Jackson under this Letter of Agreement or any subsequent request (and acceptance) for Additional Service. 7.0 SUPPLEMENTAL TERMS OF AGREEMENT 7.1 Acceptance of Agreement - This Letter of Agreement shall be valid for Client acceptance for a period of fifteen (15) days from the date of execution by GIatting Jackson. This Letter of Agreement may be tenninated by either party with fifteen (15) days written notice. In the event of tennination, GIatting Jackson shall be compensated through the date oftennination for all fees and direct expenses incurred. 7.2 Submittal and Payment of Invoices - Invoices for services shall be submitted on approximately a monthly basis. Payment shall be due upon receipt. If the Client has any questions on the invoice, the Client agrees to call the Project Manager within five working days of receipt of the invoice. Failure to call within this period acknowledges that the invoice is correctly rendered to the Client and therefore payable within the prescribed time. In the event of a disputed or contested billing, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. No interest will accrue on any contested portion of the billing until mutually resolved. Client will exercise reasonableness in contesting any billing or portion thereof. The Client assures Glatting Jackson that financial arrangements have been made to fulfill the Client's obligations under this Letter of Agreement. The Client agrees to pay interest of 1.5% per month to be calculated from the next day after receipt of each invoice, on invoice balances outstanding more than thirty (30) days. GIatting Jackson reserves the right to withhold work products or to stop work until payment is received. The Client agrees that Glatting Jackson shall not be required to provide detailed backup, in the form of hourly detail of any kind, in support of invoicing for fixed fee or lump sum fee projects. Ifbackup is required by the Client, the Client agrees to pay GIatting Jackson, on an hourly basis, for the cost of providing such additional information. Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 8 of 10 rc: 7.3 Action of Agencies Not Guaranteed - Glatting Jackson will exercise professional skill in executing its services, however, it cannot and does not guarantee the action of any governmental official, agency or judicial proceeding. The Client shall pay all invoices for professional services and for expert witness services submitted in accordance with this Letter of Àgreement regardless of the results of any such governmental or judicial actions. 7.4 Ownership of Property / Construction Lien - In the event that the Client is not the record owner of the property covered by this Agreement, Glatting Jackson may consider the Client's signature as evidence that the Client has the Owner's pennission and consent to enter into this Agreement. It shall be the Client's responsibility to infonn Glatting Jackson of any change in ownership or change in any other circumstance that may affect Glatting Jackson's ability to place a Construction Lien on the property if payment is not received according to the tenns of this Agreement. The Client hereby acknowledges and agrees that Glatting Jackson's services are professional services that shall be perfonned in the practice of Glatting Jackson's profession as a planner, ecologist, architect, landscape architect, engineer or other professional in connection with the specific parcel or parcels of real property referred to in this Agreement and that Glatting Jackson shall be entitled to a lien upon such real property for the money owing to Glatting Jackson for such Service pursuant to Section 713.03, Florida Statutes (1989 or its successor), or otherwise pursuant to law or equity. 7.5 Ownership of Documents - All documents, work product and infonnation contained therein prepared by Glatting Jackson or its Sub consultants are instruments of service for use by the Client solely with respect to this Project. Glatting Jackson shall be deemed the author of these documents, work product and information and shall retain all rights thereto. 7.6 Retention of Records - All original documents, work product and infonnation contained therein shall be retained by Glatting Jackson for two (2) years following completion of the Project. After that time, Glatting Jackson reserves the right to dispose of the documents, work product and infonnation in its sole discretion. The Client shall be provided with reproducible copies of all original documents at its expense upon request. 7.7 Limitation of Liability - Glatting Jackson will not be responsible for any circumstances, acts, errors, omissions or events, of aný type, beyond its reasonable control including, without limitation, construction costs, the acts or failures to act of any governmental or judicial agency and the existence of hazardous waste of any type associated with the Project. Glatting Jackson shall not be responsible for the acts or omissions of any contractor, Subconsultant or supplier, or of any of the agents or employees or any other persons (except Glatting Jackson's own employees) at the project site or otherwise furnishing or perfonning any of their work; or for any decision made on interpretations or clarifications of any contract documents given by the Client without consultation and advice of Glatting Jackson, 7.8 Assignment of Agreement - Neither the Client nor Glatting Jackson shall have any right to assign this Letter of Agreement to any other person or entity, absent prior written consent from the other party. 7.9 Dispute Resolution - In the unlikely event of any dispute, difference, claim or counterclaim between Glatting Jackson and the Client arising out of or in connection with this Letter of Agreement, which cannot be amicably resolved by the parties through good faith negotiations, Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 9 of 10 [C any such matter shall be submitted to the Circuit court in and for St Lucie County, Florida, for trial and determination by the court sitting without jury. The parties hereby consent to the jurisdiction of such court and to the service of process outside the State of Florida (if applicable) pursuant to the requirements of such court in any matter so to be submitted to it, and they expressly waive the right to a jury trial. The Client agrees to pay all of Glatting Jackson's reasonable attorney's fees and costs incurred in bringing any such suit in the event that Glatting Jackson prevails. 7.10 Entire Agreement / Governing Law - Regarding the subject matter hereof, this Agreement contains the entire agreement of the parties and their representatives and agents, and supersedes all prior understandings, whether oral or written. This Agreement shall be governed by the laws of the State of Florida. We look forward to working with you on this project. If you find these tenns acceptable, please sign where indicated below and return one signed original to Glatting Jackson for our files. Please call me if you have any questions. Sincerely, Joseph Webb Project~anager,Planner AGREED TO AND ACCEPTED BY: St. Lucie County Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. By: By: Vanessa Bessey David L. Barth Its: Director -Environmental Resources Its: Vice President Date: Date: September 11. 2006 G/atting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 10 of 10 ENVIRONMENTAL RESOURCES DEPARTMENT MEMORANDUM ;~e.cE¡~ '() ,;¿ FROM: Katherine Smith, Assistant County Attorney Vanessa Bessey, Environmental Resources Director \J!J September 14, 2006 TO: DATE: RE: Bicycle Pedestrian Greenwyas and Trails Master Plan - Contract # C-06-362 . Attached please find four copies of the revised Exhibit "B" for the above referenced Contract. Item 5.1 regarding compensation has been modified to allow for billing on an approximate monthly basis. Please process the contract amendment for this project. \ ~ IV (0 , \ 'S . () ,ex. JJ " (ð-' . ,~0\ t \, .r-.t,~) \ . ~\J \V If you have any questions, please let me know. .6 ~ / (Cþ~..j \ ~~"J ç.~ . \¿./f tD(p-os - 3~::Z CONSULT ANT AGREEMENT THIS AGREEMENT, made and entered into this ~ day of ~, 2006, by and between ST. LUCIE COUNTY, a political subdivision of the state of Florida, (the "County") and 6LATTIN& JACKSON KERCHER ANGLIN LOPEZ RINEHART, (the "Consultant"). WIT N E SSE T H: WHEREAS, the County desires to retain the professional services of the Consultant to provide Bicycle/Pedestrian Greenways & Trails Master Plan. WHEREAS, the Consultant has agreed to provide such professional servi~es in accordance with this Agreement. NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, tne parties intending to be legally bound, hereby agree as follows: . 1. GENERAL SCOPE OF AGREEMENT The relationship of the Consultant to the County will be solely that of a consultant. The Consultant is an independent contractor and is not an employee or agent of the County. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Consultant, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Consultant will provide the professional and technical services required for the successful completion of this Agreement in accordance with practices generally acceptable within the industry and good ethical standards. 2. SCOPE OF SERVICES The scope of services to be provided by the Consultant under this Agreement includes preparation of a Bicycle/Pedestrian Greenways & Trails Master Plan (the "Plan"). The Plan will define a system of sidewalks, bike lanes, paths, greenways and trails within St. Lucie County that can provide integrated and continuous corridors for non-motorized transportation, wildlife and recreation throughout the County in a manner that is sensitive to the needs of various user groups, the natural and built environment, the management and maintenance, and potential funding capabilities of local government. A copy of the scope of services is attached as Exhibit "A" and the Letter Agreement is attached as Exhibit "B". 3. PROJECT MANAGER The Project Manager for the County is Vanessa Bessey at (772) 462-2528. The Project Manager for the Consultant is Joseph Webb at (561) 659-6552. g: \atty\agreemnt\Glatting-Greenways -1- - The parties sholl direct 011 matters orising in connection with the performonce of this Agreement, other thon invoices ond notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. The Project Manager, however, has no authority to approve or execute Change Order work. 4. TIME OF PERFORMANCE The Consultant agrees to be available to begin work promptly after receipt of a fully executed copy of this Agreement. Unless terminated earlier as provided for herein, the Consultant shall complete the work in accordance with the schedule attached as Exhibit "Co. 5. WORK PRODUCT A II sketches, tracings, drawings, computations, detai Is, design calculations, and other documents and plans that result from the Consultant's services under this Agreement shall become the property of and shall be delivered to the County without restriction or limitation as to use. The county agrees, however, that no additions, deletions, changes or revisions sholl be made to such documents unless the Consultant's name and professional seal are removed from the document. Any reuse of documents prepared by the Consultant for purposes outside of the scope of this Agreement including Work Authorizations issued hereunder without written verification or adaptation by the Consultant for the specific purpose intended will be at the sole risk of the County and without liability or legal exposure to the Consultant. The County shall, at no additional expense, be furnished one (1) set of reproducible paper and electronic copies of the Plan and a database and map of individual tracts of land (including public and semipublic) proposed as part of the greenway system. Notwithstanding any other provisions of this Agreement, all of Consultant's pre-existing or proprietary computer programs, software, information or materials developed outside of this Agreement shall remain the exclusive property of Consultant. 6. COMPENSATION The Consultant shall be compensated for all services rendered under this Agreement in accordance with the provisions of Exhibit "8". All invoices presented to the County for payment shall be on a Request for Payment form approved by the County. 7. SUSPENSION. CANCELLATION OR ABANDONMENT In the event the services of the Consultant are suspended, canceled or abandoned by the County, the Consultant shall be given five (5) days prior written notice of such action and shall be compensated for the authorized professional services satisfactorily performed prior to the date of suspension, cancellation or abandonment. 9: \atty\a9rumnt\Glatting-Grunways -2- 8. DEFAULT; TERMINATION A. FOR CAUSE If either party fai Is to fulfill its obligations under this Agreement in a timely and proper manner, the other party shall have the right to terminate this Agreement by giving written notice of any deficiency and by allowing the party in default"seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this Agreement shall terminate at the expiration of the seven (7) calendar day time period. With regard to the Consultant, the following items shall be considered a default under this Agreement: (1) If the çonsultant should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Consultant should persistently or repeatedly refuse or fail, except in cases for which an extension of time is provided, to provide the services contemplated by this Agreement. (3) If the Consultant disregards laws, ordinances, or the instructions of the County or otherwise is guilty of a substantial violation of the provisions of the Agreement. In the event of termination, the Consultant shall only be entitled to receive payment for authorized professional services satisfactorily performed prior to the termination date. 9. FORCE MAJEURE Neither party shall be liable to the other for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its reasonable control (financial difficulty shall not be considered a cause beyond a party's control), all of which causes herein are called "Force Majeure", including, but without being limited to, strikes, lockouts, or other industrial disturbances: fires: unusual climatic conditions: acts of God; acts of a public enemy: or inability to obtain transportation or necessary materials in the open market. The party unable to perform as a result of force majeure promptly shall notify the other of the beginning and ending of each such period, and County shall compensate Consultant at the rates set forth herein, for the services performed by Consultant hereunder, up to the date of the beginning of such period. If any period of force majeure continues for thirty (30) days or more, either party shall have the right to terminate this Agreement upon ten (10) days prior written notice to the other party. g: \atty\agreemnt\Glatting-Grecnways -3- 10. ASSIGNMENT The County and Consultant each binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives, and permitted assigns of such other party, in respect to all covenants of this Agreement: and, neither the County nor the Consultant will assign or transfer its rights and obligations in this Agreement without the written consent of the other. Nothing herein sholl be construed as creating any personal liability on the port of any officer or agent of any public body which may be 0 party hereto. The Consultant agrees that the persons named in the scope of work shall provide services as described therein, The services of the person(s) so named are a substantial inducement and material consideration for this Agreement. In the event such persons con no longer provide the services required by this Agreement, the Consultant shall immediately notify the County in writing and the County may elect to terminate this Agreement without any liability to the Consultant for unfinished work product. The County may elect to compensate the Consultant for unfinished work product, provided it is in 0 form that is sufficiently documented and organized to provide for subsequent utilization in completion of the work product. 11. SUBCONSULTANTS AND SUBCONTRACTORS In the event the Consultant requires the services of any subconsultant, subcontractor or professional associate in connection with the services to be provided under this Agreement, Consultant sholl secure the written approval of County Project Manager before engaging such subconsultant, subcontractor or professional associate. 12. AUDIT The Consultant agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Agreement I have access to and the right to examine any directly pertinent books, documents, papers, and records of the Consultant involving transactions related to this Agreement. The Consultant agrees that payment(s) made under this Agreement shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Agreement. The Consultant shall refund by check payable to the County the amount of such reduction of payments. All required records sholl be maintained until on audit is completed and 011 questions arising therefrom are resolved, 'or three years after completion of the project and issuance of the final certificate, whichever is sooner. 13. PUBLIC RECORDS The Consultant shall allow public accesS to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Consultant in conjunction with this Agreement. g: \atty\agreemnt\Glatting-Greenways -4- 14. INSURANCE Professional Liability: The Consultant shall maintain, and, prior to commencement of this Agreement, provide the County with evidence of Professional Liability insurance for the limits of not less than $1,000,000 per occurrence. The policy shall also provide the County will be given thirty (30) days written notice of cancellation or non-renewal and include the County as an additional insured. Commercial General Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of commercial general liability insurance to include: 1) premises/operations, products/completed operations, (including XCV hazards) and personal and advertising injury for limits of not less than $1,000,000 per occurrence; 2) fire damage for limits of not less than $100,000 per occurrence; 3) medical payments for limits not less than $5,000 per person and 4) a general, per contract /project, aggregate limit of not less than $2,000,000. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. Business Automobile Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury & property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. Workers' Comoensation and Employers Liability: The Contractor shall maintain and, prior to commence of this contract, provide the County with evidence of workers' compensation insurance providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $500,000 for accidents or disease. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal. 15. INDEMNIFICATION The Consultant covenants and agrees at all times to save, hold, and keep harmless the County, its Officials, Employees, and Agents, and indemnify the County, its Officials, Employees, and Agents, against any and all claims, demands, penalties, judgments, court costs, reasonable attorney's fees, and liability of every kind and nature whatsoever to the extent arising out of or in any way connected or arising out of the Consultant's performance of this Agreement. Only those matters which are g: \atty\agreemnt\Glatting-Greenways -5- determined by a final, non-appealable judgment to be the result of the negligence of the County or the negligence of a third party who is not an agent, employee, invitee, or subcontractor of the Consultant shall be excluded from the Consultant's duty to indemnify the County, but only to the extent of negligence of the County or such third party. The Consultant hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification herein provided. 16. PROHIBITION AGAINST CONTINGENT FEES The Consultant warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bonafjde employee working solely for the Consultant, any fee, commission, percentage. gift or any other consideration. contingent upon or resulting from the award of making this Agreement. 17. NON DISCRIMINATION The Consultant covenants and agrees that the Consultant sholl not discriminate against any employee or applicant for employment to be employed in the performance of the Agreement with respect to hiring, tenure, terms, conditions or privileges of employment. or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race. color, religion. national origin or ancestry. 16. VERIFICATION OF EMPLOYMENT STATUS The Consultant agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of this Agreement. 19, NOTICE All notices, requests. consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: With A Copy To: St. Lucie County Administrator Administration Annex . 2300 Virginia Avenue Fort Pierce. FL 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce, FL 34982 9: \otty\ogreemnt\Glatting-Grunwoys -6- Environmental Resource Manager 2300 Virginia Avenue Fort Pierce, FL 34982 As To The Consultant: Joseph Webb Glatting Jackson Kercher Anglin Lopez Rinehart 222 Clematis Street, Suite 200 West Palm Beach, Florida 33401 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 20. COMPLIANCE WITH LAWS The Consultant, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. The County undertakes no duty to ensure such compliance, but will attempt to advise Consultant, upon request, as to any such laws of which it has present knowledge. 21. TRVTH-IN-NEGOTIATION CERTIFICATE Execution of this Agreement by Consultant shall act as the execution of as truth~in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete and current at the time of execution of the Agreement. The original Agreement rates and any additions thereto shall be adjusted to exclude any significant sums by which County determines the Agreement rate(s) was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such rate adjustments shall be made within one year following the end of this Agreement. 22. NON-WAIVER The rights of the parties under this Agreement shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 23. CO~LIcr OF INTEREST The Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes. The Consultant further represents that no person having any interest shall be employed for said performance. g: \atty\agrumnt\Glatting-Greenways -7- The Consultant shall promptly notify the County in writing by certified moil of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Consultant's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Consultant may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Consultant. The County agrees to notify the Consultant of its opinion by certified mail within thirty (30) days of receipt of notification by the Consultant. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Consultant, the County shall so state in the notification and the Consultant shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Consultant under the terms of this Agreement 24. LITI6ATION SERVICES It is understood and agreed that the Consultant I s services under this Agreement do not include any participation, whatsoever, in any litigation. Should such services be required, a supplemental agreement may be negotiated between the County and the Consultant describing the services desired and providing a basis for compensation to the Consultant. 25. MEDIATION In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law. the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 26. DISPUTE RESOLUTION Any disputes relating to a question of fact arising under this Agreement shall be resolved through good faith efforts upon the part of the Consultant and the County or its representative. At all times, the Consultant shall carry on the work and maintain its progress schedule in accordance with the requirements of the Agreement and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County or is representatives who shall reduce the decision in writing. 27. INTERPRETATION: VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with 9: \atty\a9reemnt\Glattin9-Greenways -8- respect thereto. This Agreement may only be amended by written document, properly authorized. executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be exclusively in the Nineteenth Judicial circuit for St. Lucie County, Florida. for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF. the parties hereto have accepted, made and executed this Agreement in counterparts each of which shall be treated as an original upon the terms and conditions above stated. t:......<~>?~~;.,.."'. ATTEST: /- ..-...........:.. .:-:'~! ~ ~.~ . .' t ,-' .....,', "-. \.~ .::.. . /þ.P pA'" . ~. '." ~ Þ .,'" ,)1_ \.. -.,,- \ . . ,j "j' >. "- ~,:;' :/.. "----/ ... ,..., ..')1- ~~~< BOARD OF COUNTY COMMISSIONERS ::LUCIE';f.;l?2- ß CHAIRMAN g: \atty\ogreemnt \Glatting-Greenwoys -9- e e SCOPE OF SERVICES I. PURPOSE This Scope of Services defines the tasks and requirements for the preparation of a Bicycle/ Pedestrian Greenways & Trails Master Plan (The Plan) for the St. Lucie County Board of County Commissioners. The Plan will define a system of sidewalks, bike lanes, paths, greenways and trails within St. Lucie County that can provide integrated and continuous corridors for non-motorized transportation, wildlife and recreation throughout the county in a manner that is sensitive to the needs of various user groups, the natural and built environment, the ma.nagement and maintenance, and potential funding capa~iliti~s o~.local government. The P.lan should evaluate alternative locations and design criteria that will result in a well balanced and integrated trail system. The system may include improved and unimproved facilities for bicyclists, pedestrian, rollerbladers, equestrians and/or other users. The Plan will include a map of existing and proposed locations of trails and amenities, a prioritization list of specific projects for future funding and implementation, and supporting information on costs, funding, and management of the identified faciliLies. The proposed plan should be developed to assist the County in promoting future urban development patterns that maintain ecological corridors, scenic transportation corridors, and linear recreational areas while providing a more efficient and suitable pattern of growth. . II. STUDY GOALS AND OBJECTIVES A. Study Area . I , For the purpose of this Scope of Services, the study area shall encompass all of St: Lucie County. B. The goal of the Plan is to create a comprehensive. conceptual system illustrating and defining the development and improvement of new and existing sidewalks, bike lanes, paths, greenways and trails. and amenities that -.vhen implemented will increase and enhance multi-modal transportation, environmental conservation, recreation, physical fitness opportunities, tourism, education, economic development, and a sense of community and well-being throughout St. Lucie County. The Plan will be used by St. Lucie County to provide overall guidance for system development and shall be used by planning and implementation agencies to identify and prioritize specific projects for future protection, preservation, funding and implementation. EXHIBIT I '~ II e e C. The Plan will be consistent with applicable Florida Department of Transportation (FOOT) regulations and all laws, codes and ordinances of the State of Florida. The Plan will also be consistent with the Transportation Equity Act of the 21s1 Century (TEA-21), and related policies of the Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA). Specific activities to be undertaken by the Consultant are as follows: i. Identification of existing federal, state and local legislation, policies and programs that affect bicyclists, pedestrians and greenways & trails. . ii. Formulation of a Public Involvement Plan which includes the County Bicyclel Pedestrian Advisory Committee, the Land Acquisition Selection Committee (LASC) and identified staff and a strategy to be used through the development of the Plan. iii. Identification and inventory of existing sidewalk, bike lanes, paths, watercourses (such as canals), and greenways and trails including opportunities and constraints in the network. IV. Development of a methodology for the analysis of the bicycle and pedestrian data. v. Identification, evaluation and ranking of bicycle, pedestrian and greenway & trail improvements. vi. Development of an implementation process by which the identified goals and objectives of the Plan can be attained. vii. Identification of existing and potential funding opportunities' from various and wide-ranging sources. III Project Tasks Task 1 - Inventory of Existing Conditions and Data Collection A. Research of Official Documents The ConsuUant shall provide a comprehensive summary of legal document, plans, and ordinances that may influence any aspect of the Plan. Information to be reviewed shall include but not be limited to: . County Comprehensive Plans, previous bicyclel pedestrian plans, previous Greenways & Trail documents, current neighborhood plans, Metropolitan Planning Organization studies including the current Transportation Improvement Plan (TIP), the Long Range Transportation Plan and Transit Development Plan, the County's 2002 Native Habitat Inventory, and the County's Urban Service Area Boundary Study. . Legal ordinances and policies relevant to the completion and implementation of the Plan. This will include any loca', state and federal legislation that impacts bicyclel pedestrian travel as well as greenways & trails. . Existing funding sources available for the construction and improvements e e of sidewalks. bike lanes, paths greenways and trails. . Design and safety standards for sidewalk, bike lanes, paths. greenways and,trails. B. Base Data and Inventory e Consultant shall collect and present all appropriate demographic, soc' - ec omic, land use, transportation and comprehensive plan data necessa for asses the study area's sidewalk, bike lane, paths, greenways a trails needs. information gathered should include data necessary perform adequate e luation of the environmental, transportation and ecreational aspects of thes acilities and shall be suitable for public presenta' n. The data to be colle d for the project shall inc!ude, but following: . This shall include a Id survey of the study a a. Information shall be obtained from the Co ty Public Works nd Growth Management Departments as well at the tropolitan PI ning Organization. . Inventory of roadway character! 'cs in ding pavement conditions, signs, natural and man-made barriers, dr' ge, hazards, canals, level of service (LOS), bikel pedestrian level 0 ervic S/P LOS), traffic counts (MDT) and the posted speed limit. . Bicycle and pedestria crash data. This ta shall include detaifed information a5 to the nditions that existed when e crash occurred. . Neighborhood a land use characteristics, which s of schools, 5. playgrounds, other recreational and ural facilities, environm ally significant lands, work, shopping and medic facilities whic re accessible destinations for those traveling a5 a bicy estrian. . Ifflontory ::¡ne mapping of all publicly owned right-of-way, canals, lands and ease01ents that may be useful in the development of a ,system of greenways & trails. Quantity of public lands by location,"as well as dimensions as appropriate should be included in the inventory. . Identify existing greenways protected through public or private conservation. The Final Report shall include recommendations for additions, additional protection or enhancements of existing greenways, as needed. Task 2 - Development of Evaluation Methodology The Consultant shall develop criteria and a methodology that will be used to evaluate and prioritize the relative strengths, benefits and impacts of the various facilities that may be proposed. The criteria should be quantitative where possible, understandable to the public, and sensitive to the potential differences between the various elements. For example, an urban bicycle lane and a rural wildlife path should be evaluated with different criteria. Task 3 - Analysis of Existing Conditions sing feedback from the public and the data collected in Task 1, the Consulta s II identify major sidewalk, bike lanes, paths, greenway and trails tre s, ¡ss s, needs constraints and opportunities within the study area. The a ysis shou address each of the following categories: ash data to determine hazardous intersections or location. T . analysis sha consider motorized and non-motorized vehicle traffic inf mation and shall, ntify corridors and intersections, which do not m t bicycle and pedestria safety standards. · Any gaps or issing links in the sidewalk, bike lane, p s, greenway and trail network in County, including signs or any ot r facility which may provide safe and e 'ent access to destinations. · Critical community and ighborhood concerns d problem areas based on public participation and reach. · Demand for bicycle and pede ian traffic areas. . · Connectivity with the City of Port St. ie, City of Fort Pierce, St. Lucie Village, Martin County and Indian Riv f Co ty, · Recommendations for additions, a Itional pr ection or enhancements to public or private conservation ea ments and gr nways, as needed. . Identify the top 10 priority sit for development sed on the natural, cultural and recreational be fits. A detailed green s and trails map shall be prepared for eac priority site identified in the tudy. This shall include field verification f owner permits) and assessme of each sites condition. The assess ent shall address width of proposed reenway or trail segment, attrib es and estimated number of users, inclu 'ng those. identified on the ate's Greenway and Trail Program opportun maps and other previ sly identified areas recognized as wildlife, ecolo . al or recreational gr. enways corridors. . Submit a dr. ft report describing the methodology utilized, id~ntifying e type and Cres required for each proposed trail and existing' greenway and ·tr 's (state, county, and private). Top 10 priority sites for the devel ment of greenways and trails shall be identified with detailed des riptions, including ownership of lands; acres, width and length of each o nership. ø ~ e e ort shall describe each greenway or trail and the benefits and co~ each woul oward protecting the integrity of original e.995¥&te~providing recreational trails, fu . land use goals throu fÕViding non-motorized transportation options. The consultant shall identif)' nes of logical and re . . goals and objectives for the Plan based on analysis of existing conditions. ObJe . s set specific, ones to be completed that will enable progr toward g-term community goals. The objectives must be system d e e performance oriented and provide quantitative direction toward the attainment of stated goals. Task 4 - Public Involvement The consultant shall develop a public involvement· plan to be utilized throughout the development of the Plan. The public involvement plan shall identify the specific public involvement procedures to be used throughout the project, including public outreach procedures, suggested meeting formats,presentations to the Board of County Commissioners (BOCC), the Bicycle/ Pedestrian Advisory Committee (BPAC), The land .Acquisitions Selection Committee (LASC) and staff and the utilization of feedback and comments throughout the project. The public involvement shall identify specific outreach efforts .to inform and involve the traditionally underserved population in the project area. Due to the diversity among users of bicycle and pedestrian facilities and greenways and trails, the plan must involve participation of a variety of interested parties including recreational cyclists, commuting cyclists, equestrians, organizations, conservation organizations, school-aged children, parents, law enforcement, and the school district. There should be a minimum of four public workshops/charrettes held in the County. The public involvement plan shall also identify appropriate post-project public involvement procedures including types of materials suitable for distribution to the public. The consultant shall adequately document the public involvement efforts in written form. Task 5 - Plan Development and Design The consultant shall develop a series of prioritized sidewalk, bike lanes, path, greenway and trail projects which shall include the recommendations received at public workshops and meetings as well as the evaluation criteria. The priorities shall be consistent with the outlined goals and objectives of the Plan. An analysis of the priorities shall include the cost to implement. I Prioritized projects will be ranked in various categories and shall be in a concise, orderly and understandable format, which should include GIS based mapping. . A. Typical Sections Based on the results of the previous tasks, input received from the public and' national and state guidelines, the Consultant shall develop a series of typical sections to be considered in specific locations in the network. A variety of typical cross sections may be required to provide the flexibility needed to respond to the site conditions and design opportunities.. Places of access, trailheads and other key support facilities may also be required. e e 8. Funding Opportunities The Consultant shall identify a range of general and specific funding opportunities for sidewalks, bike lanes, paths. greenways and trails. These funds can come from public sources, private sources, public/ private partnerships, interlocal agreements, land development code and ordinances, or grants (federal, state and local). C. Implementation Plan The Consultant shall development an implementation plan that is realistic and achievable. The implementation plan shall identify the logical phasing, critical actions and relative length of time likely needed to implements the proposed proj~cts. The implementation plan should also include a discussion on environmental impacts and permitting requirements, safety and security, educational programs, and facility maintenance. Land protection mechanisms shall be identified and the pros and cons of each summarized. The role of various government agencies in the implementation of the Plan shall be defined. D. Final Report The Final Report shall include paper and electronic copies of the Plan. A database and map of individual tracts of land (including public and semipublic) proposed as part of the greenway system. [C Jack F. Glatring, FOW1der Willi"", J. Anglin. Jr. David L. Barth Gregory A. Bryla Frances E. Chandler-Manno Chari.. P. Cobble Jay H. Exum Carey S. Hayo Jay R. Hood Timothy T. Jackson William C. Kercher. Jr. Walter M. Kulash Brent A. Lacy Sharon K. Lanuntia ThomasJ. MeMocken. Jr. John H. Percy John F. Rinehart Troy P. Russ Petet C. S..hJer Charles M. AtkiN Dan E. Burden Karen T. Campblin Nate L. Clair David R. Cl.1us Todd D. Clements Michael R. Cochran A. Blake Drury Chruti 13. EWe;n Douglas V. Gaines John T. Griffin III Bruce C. Hall David M. Hoppes Pactieia Sepulved:o-Hurd Cail D. Lacey Willian, D. Lites Ion M. Lockwood Kok Wan Mah Jeffrey F. Manuel Edward). McKinney Rand:oll S. MCJenr Douglas A. Metzger John J. Moore I II BoIroJ "'- Moh,beer Jonathan M. Mngmon Karen D. Nelson Kathleen S. O'Sullivan Kelley Samuels Petennan Heathet J. I'hiel Mary Taylor Raulenon Nancy M. Roberl.' Tara L. Salmieri Andrew n. Sheppard Mike P. Sobczak JeIT M. Sugar Rona¡d L. Urbaniak G. Wade Walker Gary E. Warner John Paul Weesner Donald C. Wi.han Community Plan"inx & Drs(f" 222 Clematis Street Sui tc 200 West Palm Heach Florida 33401 P: 561 6596552 F: 561 833 1790 www.glatting.com Atlllnla . Orlando w.st Palm Beach GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART LETTER OF AGREEMENT February 13,2006 Revised March 14,2006 Vanessa Bessey Environmental Resource Manager St. Lucie County Public Works Dept 6120 Glades CutoffRd Ft. Pierce, Florida 34981 Telephone: (772) 462.2526 Facsimile (772) 462.1684 Hereinafter referred to as Client. AND Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. 222 Clematis St, Suite 200 West Palm Beach, Florida 32801 Hereinafter referred to as Glatting Jackson Re: St. Lucie County Bicycle, Pedestrian, Greenways & Trails Plan Glatting Jackson Project #19342.0 Dear Vanessa, Glatting Jackson is pleased to provide this Letter of Agreement to S1. Lucie County to prepare a County-wide Bicycle! Pedestrian Greenways & Trails Master Plan. Following is our proposed Scope ofServÌces and Fees. 1.0 PROJECT DESCRIPTION 1.1 The project is the preparation of a Bicycle, Pedestrian, Greenways & Trails Master Plan (the Plan) for the St. Lucie County Board of County Commissioners. For the purpose of this Scope ofServÌces, the study area shall encompass all of St. Lucie County. 1.2 The Plan will define a system of sidewalks, bike lanes, paths, green ways and trails within St. Lucie County that can provide integrated and continuous corridors for non~motorized transportation, wildlife and recreation throughout the county in a manner that is sensitive to the needs of various user groups, the natural and built environment, necessary management and maintenance, and potential funding capabilities of local government. The Plan will evaluate alternative locations and design criteria that will result in a balanced and integrated trail system. The system may include improved and unimproved facilities for bicyclists, pedestrians, rollerbladers, equestrians and other users. The Plan will include a map of existing and proposed locations of trails and amenities a nrioritized list of specific projects for future funding and EXHIBIT f Glaltjng Jackson Kercher Anglin Lopez Rinehart, Inc. Page 1 of 10 /;6 1/ [C implementation, and supporting infonnation on costs, funding, and management of the identified facilities. The proposed plan will be developed to assist the County in promoting future urban development patterns that maintain ecological corridors, scenic transportation corridors and linear recreational areas while providing an efficient and suitable pattern of growth. The Plan will be consistent with applicable Florida Department of Transportation (FDOT) regulations and laws, codes and ordinances of the State of Florida. The Plan will also be consistent with the Transportation Equity Act of the 21 sl Century (TEA-21), and related policies of the Federal Highway Administration (FHW A) and the Federal Transit Administration (FT A). 1.3 Specific activities to be undertaken by Glatting Jackson include: i. Identification of existing federal, state and local legislation, policies and programs that affect bicyclists, pedestrians and greenways & trails. ii. Fonnulation of a Public Involvement Plan which includes the County Bicycle/ Pedestrian Advisory Committee, the Land Acquisition Selection Conunittee (LASC) and identified staff and a strategy to be used through the development of the Plan. lll. Identification and inventory of existing sidewalk, bike lanes, paths, watercourses (such as canals), and greenways and trails including opportunities and constraints in the network. IV. Development of a methodology for the analysis ofthe bicycle and pedestrian data. v. Identification, evaluation and ranking of bicycle, pedestrian and greenway & trail improvements. VI. Development of an implementation process by which the identified goals and objectives of the Plan can be attained. Vll. Identification of existing and potential funding opportunities ITom various and wide-ranging sources. 1.4 Additional Professionals working on the project under contract to Glatting Jackson include: RMPK Funding Funding Analysis 2.0 SCOPE OF SERVICES PART I - Inventory of Existing Conditions and Data Collection 2.1 Project Coordination - In addition to the specific services detailed below, Glatting Jackson shall coordinate our work with the Client's representative and the Client's project teams, monitor the project schedule as it relates to the scope contained herein, and provide timely invoicing and reporting of project progress. 2.2 Coordination of the Work of Subconsultants to Glatting Jackson - The Client hereby acknowledges and agrees that Glatting Jackson will assume responsibility for the coordination of work produced by any subconsultants to Glatting Jackson. However, the Client agrees that Glatting Jackson does not bear any liability for the technical accuracy of work prepared by others including subconsultants. All professional finns working on the project shall bear separate responsibility and Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 2 of 10 [C liability for the work prepared by them. 2.3 Research of Official Documents - Glatting Jackson shall provide a comprehensive summary of legal documents, plans, and ordinances that may influence aspects of the Plan. Information to be reviewed shall include: · County Comprehensive Plans, previous bicyclel pedestrian plans, previous Greenways & Trail documents, current neighborhood plans, Metropolitan Planning Organization studies including the cUlTent Transportation Improvement Plan (TIP), the Long Range Transportation Plan and Transit Development Plan, the County's 2002 Native Habitat Inventory, and the County's Urban Service Area Boundary Study. · Legal ordinances and policies relevant to the completion and implementation of the Plan. This wi11 include any local, state and federal legislation that impacts bicyclel pedestrian travel as well as greenways & trails. · Existing funding sources available for the construction and improvements of sidewalks, bike lanes, paths greenways and trails. · Design and safety standards for sidewalk, bike lanes, paths, greenways and trails. · County GIS Mapping, (to be provided in electronic and printed format by the County). The mapping shall include all publicly owned right-of-ways, canals, lands and easements that may be useful in the development of a system of greenways and trails. Quantity of public lands by location as well as dimensions as appropriate shaU be included. Mapping shall also identify existing greenways protected through public or private conservation. PART U - Analysis of Existing Conditions Analysis of Existing Conditions - Using feedback ITom the public (collected as described below) and the data collected in Part I, Glatting Jackson shall identify major sidewalk, bike lane, path, green way and trail trends, issues, needs, constraints and opportunities within the study area. The analysis shall include recommendations for additions, additional protection or enhancements of existing greenways, as needed. PART III - Public Involvement and Needs Assessment 2.4 Public Involvement Plan - The program for public participation is as follows. Additional meetings that are required once the detailed Public Involvement Plan has been written as described herein, or are requested by the County, will be provided as an Additional Service to this Agreement. All workshops and meetings will be coordinated by the COUNTY, including invitations, advertisements, meeting locations, refreshments, interpreters and I or other meeting logistics. The COUNTY will schedule meetings consecutively, or on successive days to allow for coordinated travel. 2.5.1 Interviews wi County Commissioners - Glatting Jackson shall conduct 1 session of interviews with the County Commission and the County Administrator. The County will coordinate meetings to be on the same day. 2.5.2 BPAC, LASC Workshops - Glatting Jackson shall conduct two (2) - Yí day workshops with the Bicycle and Pedestrian Advisory Committee (BP AC), and the Land Acquisition Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 3 of 10 [C Selection Committee (LASe) to brief them on the upcoming planning process and to receive input on that process. The County will coordinate meetings to be on the same day. 2.5.3 User Group Workshops - Glatting Jackson shall conduct up to six (6) Stakeholder / Focus Group workshops. The COUNTY will coordinate all workshops to be held on two (2) consecutive days. County staffwill help facilitate the meeting and provide logistical support. 2.5.4 Public Workshops!Charettes (up to 4) - Glatting Jackson shall facilitate a series of public workshops! charettes, one (1) in each of the four quadrants of the County. The COUNTY will choose the locations of the meetings and will schedule meetings to allow for coordinated travel. 2.5.5 Adjacent Community Workshops (up to 2) - Glatting Jackson shall conduct two (2) - Y2 day workshops with the adjacent communities of Port St. Lucie/St. Lucie Village/Indian River County and Martin County to insure connectivity and promote a regional greenways ini tiati ve. 2.5 Review Meeting - Glatting Jackson shan conduct one review meeting with COUNTY representatives to discuss the findings of the above workshops to detetmine if there is sufficient pubJic consensus to proceed. The COUNTY shall provide a written summary of all comments and recommended changes to the needs assessment findings. 2.6 Needs Assessment Summary - Glatting Jackson will compile the infonnation gathered during the pubJic involvement process into a Needs Assessment Summary, and will submit a copy to the COUNTY for review and distribution. The Summary will include a list of Preliminary Recommendations based on the findings. Glatting Jackson shall revise the summary one (1) time, if necessary, based on a consoJidated set of written review comments by the County. Part III Deliverables: · Needs Assessment Sununary Report (Draft and Final) · PowerPoint Presentation of Needs Assessment Findings Part IV - Plan Development and Design Glatting Jackson will develop plans and designs for the St. Lucie County Greenways and trails system including the following: 2.8 Composite Bicycle! Pedestrian, Greenways and Trails Map - Glatting Jackson shall prepare a composite map showing the amalgamated vision plans as a single comprehensive Greenways and Trails Master Plan. 2.9 Review Meeting - Glatting Jackson shall conduct one review meeting with COUNfY representatives to review the preliminary Visions and Plans. The COUNTY shall provide a written summary of all comments and recommended changes to plans. 2.10 Implementation/ Funding Workshop - Glatting Jackson shall facilitate a Y2 day workshop with COUNTY representatives to discuss potential funding opportunities and an implementation strategy. Glalling Jackson Kercher Anglin Lopez Rinehart, Inc. Page 4 of 10 [C 2.11 Bicycle! Pedestrian Greenways & Trails Master Plan - Glatting Jackson shall develop a series of prioritized sidewalk, bike lane, path, greenway and trail projects which shall include the recommendations received at public workshops and meetings as well as the evaluation criteria. The priorities shall be consistent with the outlined goals and objectives of the Plan. An analysis of the priorities shall include an order of magnitude cost to implement. Prioritized projects will be ranked in various categories and shall include GIS based mapping. 2.12 Typical Sections - Based on the results of the previous tasks, input received 1Ì'om the public and national and state guide1ines, Glatting Jackson shall develop a series of typical sections to be considered in specific locations in the network. A variety of typical cross sections may be required to provide the flexibility needed to respond to the site conditions and design opportunities. Places of access, trailheads and other key support facilities may also be required. 2.13 Funding Opportunities -Glatting Jackson shall identifÿ a range of general and specific funding opportunities for sidewalks, bike lanes, paths, greenways and trails. These funds may come ITom public sources, private sources, publici private partnerships, inter-local agreements, land development regulations, or grants (federal, state and local). 2.14 Implementation Plan- Glatting Jackson shall development an Implementation Plan that is rea1istic and achievable. The Implementation Plan shall identifÿ the logical phasing, critical actions and relative length of time likely needed to implement the proposed projects. The implementation plan will also include a discussion on environmental impacts and pennitting requirements, safety and security, educational programs, and faci1ity maintenance. Land protection mechanisms shall be identified and the pros and cons of each summarized. The role of various government agencies in the implementation of the Plan shall be defined. 2.15 Draft Master Plan Report - Glatting Jackson shall produce a Draft Master Plan Report comprised of a three ring binder that includes the fonowing: · A color Executive Summaryl Poster . A color Brochure · Needs Assessment Summary Report · Conceptual Bicycle, Pedestrian, Greenways and Trails Map · Implementation Plan . Typical Trail Sketches 2.16 Review Meeting! Revisions - Glatting Jackson shal1 conduct one review meeting with COUNTY representatives to discuss the report. The COUNTY shall provide a written summary ofall comments and recommended changes to the report. Glatting Jackson shall revise the report one (1) time based on the County's comments. 2.17 Final Presentation - GIatting Jackson shall prepare and present a final PowerPoint presentation of the Plan at one (1) County Commission meeting. The COUNTY will be responsible for al1 meeting logistics. 2. I 8 Final Report - The Final Report shan include ten (10) paper copies and one (1) electronic copy of the Master Plan Report comprised of a three ring binder that includes the following: · A color Executive Summary! Poster . A color Brochure G/atting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 5 of 10 [C · Needs Assessment Summary Report · Conceptual Bicycle, Pedestrian, Greenways and Trails Map · Implementation Plan · Typical Trail Sketches Part IV Deliverables: · Bicycle, Pedestrian, Greenways and Trails Master Plan Reports (10 copies) · Executive Summary/ Posters (10 copies) · Color Brochures (2000 copies) · Electronic copy of the Final PowerPoint Presentation Part V - Addiôonal Services 2.19 Addiôonal Services - GJatting Jackson wi]] provide Additional Services as mutually agreed upon between GJatting Jackson and the Client. If such changes affect GJatting Jackson's cost or time required for perfonnance of the Services, an equitable adjustment will be made through an amendment to this Agreement. 3.0 PROJECT SCHEDULE GJatting Jackson is prepared to begin work on the project immediately upon receipt of a notice to proceed from the County. GJatting Jackson, in consultation with the Client, shall perfonn its work in such a manner as to comply with an agreed upon schedule. 4.0 ASSIGNED PERSONNEL The following personnel from Glatting Jackson will be assigned to this project, and wi11 have the responsibilities described: David 1. Barth Dan Burden Joseph Webb Carlos Perez Principal-In-Charge/ Principal 5 Urban Designer 7 Project Manager/Landscape Architect 4 Landscape Designer 1 5.0 COMPENSATION 5.1 Parts I - IV - The fee for Parts I - N, shall be bi]]ed as a lump sum fee of one hundred seventy thousand dollars ($..170.~incIuding direct expenses. .' S.2 Part V - The feeTù7P<l1L V, Add1t1Onal Services, shall be biUed using the hourly rates and direct expenses detailed below or as agreed upon fixed fee. 5.3 Hourly Rate Schedule Principal 5 $200 $250 Landscape Architect 6 G/atling Jackson Kercher Anglin Lopez Rinehart, Inc. Page 6 of 10 [C Principal 4 Principal 3 Principal 2 Principal I Planner 6 Planner 5 Planner 4 Planner 3 Planner 2 Planner 1 Transportation Engineer 6 Transportation Engineer 5 Transportation Engineer 4 Transportation Engineer 3 Transportation Engineer 2 Transportation Engineer I Transportation Planner 6 Transportation Planner 5 Transportation Planner 4 Transportation Planner 3 Transportation Planner 2 Transportation Planner 1 Ecologist 5 Ecologist 4 Ecologist 3 Ecologist 2 Ecologist I $225 $215 $190 $165 $200 $165 $130 $IlO $95 $75 $200 $165 $130 $IlO $95 $75 $200 $165 $130 $110 $95 $75 $165 $130 $110 $95 $75 Landscape Architect 5 Landscape Architect 4 Landscape Architect 3 Landscape Architect 2 Landscape Architect 1 Landscape Designer 3 Landscape Designer 2 Landscape Designer I Urban Designer 7 Urban Designer 6 Urban Designer 5 Urban Designer 4 Urban Designer 3 Urban Designer 2 Urban Designer I Public Relations 3 Public Relations 2 Public Relations 1 GIS Specialist 2 GIS Specialist 1 QNQC Specialist Graphic Artist 4 Graphic Artist 3 Graphic Artist 2 Graphic Artist 1 Administrative Assistant Technician Environmental Technician $165 $130 $110 $95 $75 $90 $80 $70 $215 $200 $165 $130 $110 $95 $75 $95 $85 $75 $95 $75 $95 $110 $95 $85 $75 $55 $50 $65 5.4 Annual Increase In Hourly Rates - The hourly rates contained in this Agreement shall be effective for not less than one (I) year from the date of this Agreement. GlattingJackson may, upon notification to the Client, increase hourly billing rates thereafter. Rates will not be increased more often than once a year. 5.5 Application Fees - All application, filing, and pennit fees, including, without limitation, all fees to local, regional and state governments and agencies, shall be paid by the Client directly to the appropriate agency at the required time. 5.6 Subconsultant Fees - Fees for subconsultants working on this project under direct contract with Glatting Jackson are included in the fees for each part of the scope of services detailed above. Glatting Jackson bears no liability for the technical accuracy of work prepared by others including subconsultants to Glatting Jackson. 6.1 Client shall designate a Project Representative immediately upon execution of this Letter of Agreement, who shall be Glatting Jackson's point of contact with the CHent, and who shan, by virtue of Client's designation, have authority to bind the Client. The Project Representative shaH be Glalling Jackson Kercher Anglin Lopez Rinehart. Inc. Page 7 of 10 Part IV RMPK Funding Mad Rush Graphics $ 2,500.00 $ 7,500.00 6.0 CLIENT RESPONSmILITIES [C 7.3 responsible for all coordination with the Owner (if a separate person or entity ttom the Client as shown in Article 1) and any separate consultants. 6.2 Client shaH provide full infonnation to Glatting Jackson regarding project requirements and constraints including, without limitation, a program setting forth the Client's objectives, and shall provide all data, drawings, infonnation or other resources requested by Glatting Jackson that are necessary for completion ofthe project. 6.3 Client shall comply with any schedule requirements made known to the Client by Glatting Jackson and, in any event, shall be available to meet with Glatting Jackson and provide decisions in a timely manner throughout the project. 6.4 Client shall be responsible for all other aspects of the project not specifically assigned to Glatting Jackson under this Letter of Agreement or any subsequent request (and acceptance) for Additional Service. 7.0 SUPPLEMENTAL TERMS OF AGREEMENT 7.1 Acceptance of Agreement - This Letter of Agreement shall be valid for Client acceptance for a period of fifteen (15) days trom the date of execution by Glatting Jackson. This Letter of Agreement may be terminated by either party with fifteen (15) days written notice. In the event of termination, Glatting Jackson shall be compensated through the date of termination for all fees and direct expenses incurred. 7.2 Submittal and Payment of Invoices - Invoices for services shaH be submitted on approximately a monthly basis. Payment shall be due upon receipt. If the Client has any questions on the invoice, the Client agrees to call the Project Manager within five working days of receipt of the invoice. Failure to caJl within this period acknowledges that the invoice is cOlTectlyrendered to the Client and therefore payable within the prescribed time. In the event of a disputed or contested billing, only that portion so contested may be withheld trom payment, and the undisputed portion will be paid. No interest will accrue on any contested portion of the billing until mutually resolved. Client will exercise reasonableness in contesting any billing or portion thereof. The Client assures Glatting Jackson that financial arrangements have been made to fulfill the Client's obligations under this Letter of Agreement. ~Òiertl U;;l a~ tv paJ mteft:!t æ: 1.S~<- per mnnth tg è, "..IcLllut...d ñ-Ôft' tfte Bent day after reeeipt of 'f:¡ -deft invøiee, 88 iR'.'Q;~f" balances outstan"¡;ng mere tlun:¡ tb~' (3 G) d~s. GJatting Jackson reserves '{I' .> the right to withhold work products or to stop work until payment is received. The Client agrees tha Glatting Jackson shall not be required to provide detailed backup, in the fonn of hourly detail of any . kind, in support of invoicing for fixed fee or lump sum fee projects. Ifbackup is required by the Client, the CHent agrees to pay Glatting Jackson, on an hourly basis, for the cost of providing such additional infonnation. Action of Agencies Not Guaranteed - Glatting Jackson will exercise professional skin in executing its services, however, it cannot and does not guarantee the action of any governmental official, agency or judicial proceeding. The Client shall pay all invoices for professional services and for expert witness services submitted in accordance with this Letter of Agreement regardless of the results of any such governmental or judicial actions. G/atting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 8 of /0 [C 7.8 7.9 ø (', I t',. 'f li/ J 7.4 Ownership of Property / Construction Lien - In the event that the Client is not the record owner of the property covered by this Agreement, Glatting Jackson may consider the Client's signature as evidence that the Client has the Owner's pennission and consent to enter into this Agreement. It shan be the Client's responsibi lity to infonn Glatting Jackson of any change in ownership or change in any other circumstance that may affect Glatting Jackson's abi1ity to place a Construction Lien on the property if payment is not received according to the tenns of this Agreement. The Client hereby acknowledges and agrees that Glatting Jackson's services are professional services that shall be perfonned in the practice ofGlatting Jackson's profession as a planner, ecologist. architect, landscape architect, engineer or other professional in connection with the specific parcel or parcels of real property referred to in this Agreement and that Glatting Jackson shall be entitled to a lien upon such real property for the money owing to Glatting Jackson for such Service pursuant to Section 713.03, Florida Statutes (1989 or its successor), or otherwise pursuant to law or equity. 7.5 Ownership of Documents - All documents, work product and infonnation contained therein prepared by Glatting Jackson or its Subconsultants are instruments of service for use by the Client solely with respect to this Project. Glatting Jackson shall be deemed the author of these documents, work product and infonnation and shall retain all rights thereto. 7.6 Retention of Records - All original documents, work product and infonnation contained therein shall be retained by Glatting Jackson for two (2) years following completion of the Project. After that time, Glatting Jackson reserves the right to dispose of the documents, work product and infonnation in its sole discretion. The Client shall be provided with reproducible copies of all original documents at its expense upon request. 7.7 Limitation of Liability - Glatting Jackson will not be responsible for any circumstances, lå;,ðlaS, omissions or events, of any type, beyond its reasonable control including, without limitation, construction costs, the acts or failures to act of any governmental or judicial agency and the existence of hazardous waste of any type associated with the Project. Glatting Jackson shan not be responsible for the acts or omissions of any contractor, Subconsultant or supplier, or of any ofthe agents or employees or any other persons (except Glatting Jackson's own empJoyees) at the project site or otherwise furnishing or perfonning any of their work; or for any decision made on interpretations or clarifications of any contract documents given by the Client without consultation and advice of Glatting Jackson. Assignment of Agreement - Neither the Client nor Glatting Jackson shall have any right to assign this Letter of Agreement to any 0"l¡h er~~.n or ent~ty, abs~t prior written consent iTom the other party. ,~ .... ,/.:" ,WJ- ~,;, .',' I , . ...... ' Dispute Resolution - In the unlikely event of y dispute, difference, claim or counterclaim between Glatting Jackson and the Client arising out 0 or in connection with this Letter of Agreement, which cannot be amicably resolved by the parties t ugh good faith negotiations, any such matter shall be submitted to the Circuit court in and for e County, Florida, for trial and detennination by the court sitting without jury. The parties hereby consent to the jurisdiction of such court and to the service of process outside the State of Florida (if applicable) pursuant to the requirements of such court in any matter so to be submitted to it, and they expressly waive the right to a jury trial. 'Fhe ClimtagrcG.'I t8 pay all n£.Clállj~ 1åd.slI"'~ reaa888è18 attœR8) '.'I kc:;:; and CV¡)t':, ulGttul'd hi bringing aft)' stu::h .'Itlitift the ':VeI3t that OlAUiug Jaðbun pl~ils. Glatting Jackson Kercher Anglin Lopez Rinehart. Inc. Page 9 of 10 [C 7.10 Entire Agreement I Governing Law - Regarding the subject matter hereof, this Agreement contains the entire agreement of the parties and their representatives and agents, and supersedes all prior understandings, whether oral or written. This Agreement shall be governed by the laws of the State of Florida. We look forward to working with you on this project. If you find these tenns acceptable, please sign where indicated below and return one signed original to Glatting Jackson for our files. Please call me ¡fyou have any questions. Sincerely, Joseph Webb Project Manager, Planner AGREED TO AND ACCEPTED BY: S1. Lucie County By: By: Vanessa Bessey Its: Director -Environmental Resources Its: Vice President Date: Date: March 2. 2006 G/atting Jackson Kercher Anglin Lopez Rinehart, Inc. Page /0 of 10 I if ~ l¡ , S W r ;- I 'I :1. I ~ i .. ~.... ¡ I! I ~ ~ ~ J ~ ~ ~ ~ ~~r ~ I ~1~lii!iI11~IJ!il~i~h s i f i M ¡ J ~ ~ ~ . § ! i I ~ ~ ~. ~ ~ ~ i s ~ 1~~~!i~1 ~lilli~11 ~ ~ I i ~ · ~ I ~ JI I' ~ i I~ r i I I ~ I Ii! · § g I I [D ~. Q.. r CD lJ CD Co CD (J) f f - lJ ::!. en ¡ ¡ . I aQ)r-t' ~ i ......::J r f CD - OG)t: o~ - 0 ..., -. en CD CD OCD(1 =r':Jo () =: c: . CoCU:J i I c: '< _ ()rJJ,< ¡ CU l ; :J æ i Co I i -I ..., Q) (J) J lJ t f Q) ( :J I i ]I I ~ J ] -I , EXHIBIT j It!... II ACORD~ CERTIFICATE OF LIABILITY INSURANCE OP ID DATE (MMfDDIYYYY) GLATT-1 07 13 06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Lykes Insurance, Inc. - WP P. O. Box 2703 Winter Park FL 32790 Phone: 407-644-5722 Fax:407-628-1363 INSURED I i INSURERS AFFORDING COVERAGE INSURER A: St. Paul Tr....l.Z'. Co.pui.. Travelers Insurance Co. CNA Insurance Com anies NAIC# 01470 ~ INSURER B: Glatting Jackson Kerchner Anglin Lopez Reinhart, Inc. 33 B Pine Street Orlando FL 32801 ; INSURER c: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF AtolV CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID C~iI.lS. LTR iÑs'Rä TYPE OF INSURANCE I ~NERAL LIABILITY A ! X I X . COMMI:;KC,;IAL GENERAL lIABILITY = =:J C~IMS MADE ŒJ OCCUR ~ Contractual Liab - GEN'L AGGREGATE LIMIT APPLIES PER: I POLICY n ~¿>T n LOC ~OMOBILE LIABILITY A ~ ANY AUTO ' POLICY NUMBER Õ~';!~~MMfDDIYYI I" DATE MMfDDIYY I 01/04/06 I 01/04/07 LIMITS BK021.64459 EACH OCCURRENCE ~~~~~~~~~:'~nc..) MED EXP (Anyone person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS·COMP~PAGG s 1000000 $ 300000 s 10000 $ 1000000 $ 2000000 $2000000 BA01997399 01/04/06 COMBINED SINGLE LIMIT S 1000000 01/04/07 (Ea accident) BODILY INJURY $ (Per person) BODILY INJURY $ (Per acoden!) PROPERTY DAMAGE S (Per accident) AUTO ONLY· EA ACCIDENT $ OTHER THAN EA ACC S AUTO ONLY: AGG $ EACH OCCURRENCE S 4,000,000 01/04/07 AGGREGATE s 4,000,000 s , s ALL OWNED AUTOS f- I I SCHEDULED AUTOS - HIRED AUTOS - NON-OWNED AUTOS - - GARAGE UABILITY ~ ANY AUTO EXCESS/UMBRELLA LIABILITY A P OCCUR 0 C~IMS MADE [i tJ DEDUCTIBLE Ix ¡ RETENTION S ! WORKERS COMPt¡NSATlON AND I EMPLOYERS' LIABILITY B ANY PROPRIETORlPARTNERlEXECUTIVE OFFICER/MEMBER EXCLUDED? mMf~~~v~~1ó~s below OTHER BK02164459 01/04/06 I , INtJB773H469306 I I I 01/01/06 01/01/07 s ._X 1_~~yS~tÆ~J _.I~¿B~ ____ _ __.. E.L. EACH ACCIDENT S 500000 E.L. DISEASE - EA EMPLOYEE S 500000 EL. DISEASE· POLICY LIMIT S 500000 C Professional LAA00431.6242 01/04/06 LiabiHtv RETRO DATE = 1/4/86 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDDRSEMENT / SPECIAL PROVISIONS Re: St. Lucie County is listed as additional insured as respects Liability. 01/04/07 Limit Ded 1,000,000 40,000 to. General St. Lucie County Vanessa Bessey Director Bnvironmental Resourc 6120 Glades Cutoff Road Pt. Pierce FL 34981 CANCELLATION STL UC _ 3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHO E R S @ACORD CORPORATION 1988 CERTIFICATE HOLDER ACORD 25 (2001/08) """'IIIo¡ AGENDA REQUEST ITEM NO: C-15 DATE: October 10, 2006 Presentation [ ] Regular [ ] Public Hearing [] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Beth Ryder, Director ~ SUBMITTED BY: Community Services Department SUBJECT: Approval to enter into contract with INTACT, the long term recovery organization, to fund positions for case management and coordination assistance for INTACT, to purchase computers and office furniture for these positions, to hire staff, and to have the Chair or designated representative sign necessary documents. BACKGROUND: INTACT (Inspired Network to Achieve Community Together) has grant funding available to support coordinator and case manager positions for long term recovery for the County. The agency that was previously providing the service is no longer able to do so and Community Services would like to contract with them to provide the service. The funds provided will be supplemented with funding from the Hurricane Housing Recovery Grant. FUNDS AVAIL: 185008-6420-512000-600 (FHFA Hurricane Housing Recovery) for the County's portion of the funding PREVIOUS ACTION: On July 12, 2005, the Board approved the Hurricane Housing Recovery Plan and approved acceptance of the funds and on November 1, 2005, approved three grant funded Housing Program Specialist positions and one Executive Assistant. RECOMMENDATION: Staff recommends approval to contract with INTACT to receive grant funds to provide coordination and case management services and to authorize the Chair or designated representative to sign all necessary documents; to approve the purchase of computers and office furniture for staff hired into these positions; and to hire staff to fill the approved positions. COMMISSION ACTION: [JI APPROVED [] DENIED [ ] OTHER Approved 5-0 County Attorney: x Purchasing: Jð Originating Department: x Other: CONCURRENCE: Coordination/SiQnatures Management x~ Other:_Human Resources Finance: x Check for copy only, if applicable COMMUNITY SERVICES MEMORANDUM #07-02 TO: FROM: Board of County Commissioners Beth Ryder, Community Services Director &&- SUBJECT: Approval for contract with INTACT for support services. DATE: October 10, 2006 St. Lucie County INTACT (Inspired Network to Achieve Community Together) has grant funding available to support a coordinator and a case management position and provide them with office furniture and computers for long term recovery for County residents. The agency that was previously providing the service is no longer able to do so and Community Services would like to contractwith them to provide the service. The funds provided will be supplemented with funding from the Hurricane Housing Recovery Grant. Attached for Board approval is the Agreement between INTACT and St. Lucie County in the amount of $87,500. On July 12, 2005, the Board approved the Hurricane Housing Recovery Plan and approved acceptance of the funds and on November 1, 2005, approved three grant funded Housing Program Specialist positions and one Executive Assistant. Recommendation: Staff recommends approval to contract with INTACT to receive grant funds to provide coordination and case management services and to purchase office equipment and computers; approval of the agreement with INTACT; approval to purchase computers and office furniture and authorization for the Chair to sign all necessary documents. AGREEMENT THIS AGREEMENT is made and entered into this 10 day of October, 2006, by and between ST. LUCIE INTACT, hereinafter referred to as "INTACT", and the, ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County." ARTICLE' PERIOD OF AGREEMENT This Agreement shall begin October 1, 2006 and shaU end September 31,2007. INTACT reserves the right to continue this agreement for one (1) additional year, subject to agreement by the parties on terms and costs. The County agrees to provide INTACT with a proposal for service continuation, including costs, on or before August 1, 2007. ARTICLE II COUNTY RESPONSIBILITIES The County, through its Community Services Department, agrees to perform the following services pursua.nt to this Agreement as follows: . Lone-Term Recovery Coordinator Duties: 1. General administrative staff services, including but not limited to: a. Preparation and distribution of correspond~?: ?I'i"tÓ reports. b. Filing and maintenance of records. c. Responding to telephone inquiries, answering of routine questions and distribution of messages. 2. Committee and Board management, including but not limited to the: a. Notification of meetings. b. Preparation and distribution of agendas, minutes, and reports. c. Assistance in recruiting representatives to serve on Committees and Board. d. Support of Committees to develop and implement strategies to achieve the mission and goals of INTACT. 3. Coordination and support of committees, including but not limited to: a. Assisting with the ongoing work of Volunteer Coordination Committee, Case Management Committee, Spiritual and Emotional Care Committee, Fund Development Committee, and the Public Relations Committee. Assistance may be in the form of recruitment, training, supervision, and recognition of volunteers. b. Assisting with organization and maintenance of the committee process by which volunteers are assigned to help individuals and agencies affected by area disasters. c. Assisting with the management of a committee process through which volunteers are scheduled to work and all necessary records associated with their work are properly maintained. 4. Maintain information as to the purchase or inventory of materials necessary to make repairs associated with area disasters. 5. Coordination with local agencies serving the same constituency as INTACT, including but not limited to: a. Facilitating communication among human services organizations and govemment. COMMUNITY SERVICES-INTACT AGREEMENT PAGE 2 OF 6 b. Efforts to reduce or eliminate duplication of services to individuals and agencies with respect to area disasters. c. Efforts to secure grant and other funding to assist INTACT achieve its mission and goals. 6. Performing similar services to that listed above as may be assigned by INTACT Executive Board and as determined to be necessary to achieve INTACT's mission and goals. Case Manaaer Duties: 1. General administrative staff services, including but not limited to: a. Preparation and distribution of correspondence and reports. b. Filing and maintenance of records. c. Responding to telephone inquiries, answering of routine questions and distribution of messages. 2. Coordin'ation with local agencies serving the same constituency as INTACT, including but not limited to: a. Facilitating communication among human services organizations and govemment. b. Efforts to reduce or eliminate duplication of services to individuals and agencies with respect ·to area disasters. c. Efforts to secure grant and other funding to assist INTACT achieve its mission and goals. 3. Complete eligibility screening for programs that might assist with applicant unmet needs and compiles necessary documentation to meet grant requirements. 4. Maintain accurate records, prepare reports and may perform social work duties as required. 5. Provide counseling and support for applicants in health, career, employment, education, life planning, etc. to encourage and enhance self-sufficiency. a. Assist eligible clients in applying for beneñ'is and monitors the progress of their applications and appeals. b. Perform specialized casework services directed towards the returning of welfare recipients to self support and self-Câf~ c. Advise applicants on a wide variety of problems in conjunction with available services. 6. Conduct special projects, studies and surveys and may speak to various groups on social welfare programs. 7. Perform similar services to those listed above as may be assigned by INTACT Executive Board and as determined to be necessary to achieve INTACT's mission and goals. ARTICLE \\I INTACT RESPONSIBILITIES INTACT agrees to perform the following services pursuant to this Agreement 1. Develop and implement a coordinated volunteer program that includes the recruitment, training, supervision and recognition of volunteers. 2. Schedule volunteers to work and collect of all necessary records associated with their work. · COMMUNITY SERVICES-INTACT AGREEMENT PAGE 3 OF 6 3. Secure all necessary permits to make repairs associated with area disasters. 4. Procure and store materials necessary to make repairs associated with area disasters and develop and maintain an inventory of such materials. 5. Submit applications for grants and other funding to assist I NT ACT achieve its mission and goals. ARTICLE IV ST AFFJJ\lG The County shall see to it that one or more persons are working on its behalf to deliver the scope of services outlined in Article II. The County shall designate one person to serve as a "Long-Term Recovery Coordinator" and one person to serve às a "Case Manage(' which shall implement or shall cause the implementation of those services listed in the scope of services outlined in Article II. The County shall compensate persons working on its behalf to deliver the scope of services, doing so in amounts and at times that it determines to be appropriate. INTACT shall have the right to review any and all compensations associated with the delivery of the scope of services, and shall recommend adjustments it determines to be appropriate. INTACT may choose to terminate this agreement should .the County fail to compensate persons working on its behalf in service to INTACT in an amount or manner INTACT determines to be inappropriate. ARTICLE V COMPENSATION INTACT agrees to pay the County a total fee of $87,500.00 during the term of the agreement. The fee shall be paid no less than once every three months beginning October 20, 2006. Should either party choose to terminate this agreement, prorated amounts will be returned to INTACT within 60 days fOllowing termination. The initiation and continuation of this Agreement will be contingent upon the availability of and access to funds by INTACT. The Agreement may be canceled by INTACT with seven days notice in the event funds for these services become unavailable. In such circumstances, INTACT shall be reimbursed by the County for funds on a prorated basis. ARTICLE vr TERMINATION Unless otherwise provided for in this agreement, INTACT or the County may. without cause and without prejudice to any other right or remedy, elect to terminate this Agreement upon thirty (30) calendar days written notice to the other party. In such case the County shall be paid for all work performed prior to the effective date of termination. If either party fails to fulfill its obligations under this Agreement in a timely and proper manner, the other party shall have the right, but not the obligation, to terminate this Agreement by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the party in default fails to correct the deficiency within the seven (7) calendar day period, this Agreement shall terminate at the expiration of that time. Waiver of a breach of any provision of this Agreement shall not be deemed to be a modification of this Agreement. · COMMUNITY SERVICES-INTACT AGREEMENT PAGE 4 OF 6 The aforesaid termination notice, as well as all other notices required herein, shall be considered received by INTACT or the County if delivered in person with written proof thereof or if deposited in the U.S. Mail, in a prepaid wrapper marked certified, return receipt requested, to the following Parties: SLC BOCC: INTACT: S1. Lucie County Board of County Commissioners Chairman 2300 Virginia A venue Fort Pierce, FL 34982 Chairman St Lucie INTACT c/o United Way of St Lucie County 4800 S. US Hwy #1 Fort Pierce, FL 34982 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this article. Each such· notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the retum 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. ARTICLE VII GOVERNING LAWS; VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be govemed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be exclusively in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the South em District of Florida for any claims which are justiciable in federal court. ARTICLE VIII COMPLIANCE' The County shall comply with the requirements of all federal laws, state laws, local codes, and ordinances pertaining to this Agreement, and in part\t:u\'ðf. that it will comply with all of the laws, rules and regulations goveming the use of the funds it is managing on behalf of INTACT. ARTICLE .IX ASSIGNMENT This Agreement may not be assigned without the prior written consent of the parties. COMMUNITY SERVICES-INTACT AGREEMENT PAGE 5 OF 6 ARTICLE X WAIVER A waiver of any performance or breach by anyone of the parties to this Agreement shall not be construed to be a continuing waiver of other breaches or non-performance of the same provision or operate as a waiver of any subsequent default of any of the same terms, covenants, and conditions of this Agreement. The payment or acceptance of funds for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. ARTICLE XII SEVERABILITY If anyone or more of the covenants, agreements, or provisions of this Agreement shall be held contrary to any express provision of law or contrary to any policy of express law, although not expressly prohibited, contrary to any express provision of 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 of this Agreement. ARTICLE XIII MODI FICA TIONS This writing embodies the entire Agreement and Understanding between the parties and there are no other Agreements and/or Understandings, oral or written, with respect to the subject matter hereof, that are not merged herein and superseded hereby. All additions, deletions, or revisions in the Agreement shall be valid and enforceable only when evidenced by a written modification approved and executed by INTACT and the County. Similarly, no contract which purports to affect the.. terms of this Agreement will be valid as it affects this Agreement, unless in writing and executed by INTACT and the County, unless otherwise authorized herein. ARTICLE XIV COSTS Either party will be entitled to recover all costs and attorneys' fees incurred due to any breach of this Agreement by the other party, including but not limited to costs and attorneys' fees associated with administrative hearings, court proceedings, and appellate proceedings. ARTICLE XIV SURVIVABILITY Any term, condition, covenant, or obligation that requires performance by either party subsequent to termination of this Agreement will remain enforceable against such party subsequent to such termination. [The next page is the signature page.] COMMUNITY SERVICES-INTACT AGREEMENT PAGE 6 OF 6 IN WITNESS WHEREOF the parties hereto respectively set their hands and seals on the date(s) shown below and submit that they have the legal authority to commit the parties to this Agreement: ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN DATE APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY WITNESSES: ST. LUCIE INTACT: BY: CHAIRMAN DATE St. Lucie County Mosquito Control District MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 26, 2006 Convened: 9:56 a.m. Adjourned: 9: 57 a.m. Commissioners Present: Chairman, Joseph smith, Doug Coward, Paula A. Lewis, Frannie Hutchinson, Chris Craft Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Hutchinson, seconded by Com. Craft to approve the minutes from the meeting held September 12, 29006, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. Warrant List The Board approved Warrant List No. 50 and 51. There being no further business to be brought before the Board the meeting was adjourned. Chairman Clerk of Circuit Court EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 26, 2006 Convened: 9:58 a.m. Adjourned: 9:58 a.m. Commissioners Present: Chairperson, Frannie Hutchinson, Paula A. Lewis, Chris Craft, Joseph Smith, Doug Coward Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Smith, seconded by Com. Coward, to approve the minutes of the meeting held September 12,206, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS None 3. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Coward, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. Warrant List The Board approved Warrant List No. 50 and 51. 2. PUBLIC WORKS Agreement to accept donation- The Board approved 1) the attached agreement for the County to accept the donation of the barge from D.S. Tug and Barge, Inc.. 2) Work Authorization No.6 with Lee Harris, P.E. PhD, in the amount of$5,590.00 to conduct a pre and post deployment dives ofthe barge, and 3) execution of said contracts by the Chairperson. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court 09/29/06 FZABWARR \ p' utID 145 145117 ST. LUCIE COUNTY - BOARD WARRANT LIST #52- 23-SEP-2006 TO 29-SEP-2006 FUND SUMMARY- MOSQUITO TITLE Mosquito Fund FDEP Coastal Zone Managment Program GRAND TOTAL: EXPENSES 110,025.42 2,165.00 112,190.42 PAGE PAYROLL 0.00 0.00 0.00 1 10/04/06 FZABWARR \ FuÑD 145 145825 ST. LUCIE COUNTY - BOARD WARRANT LIST #53- 30-SEP-2006 TO 04-0CT-2006 FUND SUMMARY- MOSQUITO TITLE Mosquito Fund FIND-Indrio Blueway Preserves GRAND TOTAL: EXPENSES 41,459.87 36,052.50 77,512.37 PAGE PAYROLL 40,991.50 0.00 40,991.50 1 , st. Lucie County Erosion District 09/29/06 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #52- 23-SEP-2006 TO 29-SEP-2006 FUND SUMMARY- EROSION FutID TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 22,499.83 0.00 GRAND TOTAL: 22,499.83 0.00 1 10/04/06 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #53- 30-SEP-2006 TO 04-0CT-2006 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 1,100.00 4,473.08 GRAND TOTAL: 1,100.00 4,473.08 1