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Home My WebLink AboutAgenda Packet 06-12-07 'une 12, 2007 ..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 ast:? anyone wishing to spea!:? 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 ast:? for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speat:?ing clearly into the microphone. If you have bact:?up 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 wort:?shops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these wort:?shops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. Chris Craft, Chairman 'o.eph E. Smith, Vice Chairman Dou, Coward Paula A. Lewis Charle. Grande District No.5 District No.1 District No.2 District No. I District NO.4 BOARD OF COUNTY COMMISSIONERS www.eo..t-Iueie.fl.u. 'une 12, 2007 ..00 A.M. Invocation Pled,e of Alle,ianee 1..-.\tÅ MINUTES !\V~~ Approve the minutes from the June 5, 2007 meeting. 20 PROCLAMATIONS/PRESENTATIONS There are no proclamations/presentations scheduled. I. GENERAL PUBLIC COMMENT 4.,J f\~V CONSENT AGENDA ~ A I ~Æd. w ..jtf"":i"'~""Z'"f"'W.'M'"r¡¡t <,.«<.[.,.»: --»"Ií1J] In~i -;~~ SA. There are no public hearings scheduled for June 12, 2007. END OF PUBLIC HEARINGS _ .w.,.," «no,~ <'1" if""'""""""»» miU'" .,"""..'. ,&:.>:,,,,,",','" ì!r ~ 0.' n T ,. .. NT' ~,~ TnT"'- 6" ADMINISTRATION I] nQ3--(_,.. er Rural Land Stewardship Area (RLSA) Program Monthly Status Update - Consider staff recommendation to ï l1 accept the status report and provide discussion if needed. 7. ADMINISTRATION/GROWTH MANAGEMENT Discussion on Growth Management operations. 8. ADMINISTRATION North ForI:? St. Lucie River Aquatic Preserve Management Plan revision - Consider staff recommendation to appoint Commissioner Coward or designee to participate on the Advisory Committee for the North ForI:? St. Lucie RiverAQuatic Preserve Management J.Jlan revision. - .IMf'~ !i'''''= 'ìll'nllilirliW""~=-"--"==-imr-" CONSENT AGENDA ,~, m.~Ii~'''''~='=M~~;r' -- ~ ~"r .=>"...,,'''.'' ,.. '-» mrT¡""m=~"",>,--->=""="",,, "," .'»'"'."".» "''''''"'''''''''.,..'>,,,~.,,,''' - ".<.'^<>- ""..... ""',,"'''''"'' -nnn".i~-~ "='._", I. WARRANTS Approve warrant list No. 36 2. COUNTY ATTORNEY PULLED PRIOR TO THE MEETING Resolution No. 07-200 - Extending State of Local Emergency - Ban on Open Air Burning in St. Lucie County - Consider staff recommendation to approve Resolution No. 07-200 and authorize the Chairman to sign. I. PURCHASING A. Request Board approval of the following short listed firms and permission to conduct oral presentations to ranI:? the short listed firms for fee and contract negotiations from Request For Qualifications #07- 047, Geotechnical Engineering Services Continuing Contracts - Consider staff recommendation to approve the listed short listed firms and permission to conduct oral presentations to ranI:? the short listed firms for fee and contract negotiations from Request For Qualifications #07-047, Geotechnical Engineering Services Continuing Contracts. B. Request Board approval of the short listed firms and permission to conduct oral presentations to ranI:? the short listed firms for fee and contract negotiations - Consider staff recommendation to approve the short listed firms and permission to conduct oral presentations to ranI:? the short listed firm for fee and contract negotiations from Request For Qualifications #07-044, Stormwater Management Design and Permitting Services Continuing Contracts C. Permission to negotiate fees with firms from Request For Qualifications #07-042, Construction Management Services Continuing Contracts, and if Negotiations are successful, to award contracts to the following firms: FIRM LIST Inwood Consulting, Inc. Arcadis Stanley Consultants, Inc. LBFH, Inc. TBE Group, Inc. Keith & Schnars Consider staff recommendation to approve to negotiate fees with the successful firms selected after performing oral presentations for Request for Request For Qualifications #07-042, Construction Management Services Continuing Contracts; and if negotiations are successful, to award contracts to the successful firms listed above and authorize the Chairman to sign the contracts as prepared by the County. D. Permission to asl:? the Florida Association of Counties to support the Resolution adapted by the Florida Association of Public Purchasing Officers (FAPPO) amending Section 287.055 F.S. as stated - Consider staff recommendation to approve to asl:? the Florida Association of Counties to support the Resolution adapted by the Florida Association of Public Purchasing Officers (FAPPO) amending Section 287.055 F.S. as stated. 4. PARKS REFERENDUM Release of Retainage - the Collage Companies (C06-06-334) - Lawnwood Sports Complex Soccer Fields - Consider staff recommendation to approve The Collage Companies (C06-06-334) request to release retainage in the amount of $41,387.25 due to completion of the Lawnwood Complex soccer field projects. Con.ent Agenda June 12, 2007 Pa,e Iwo 5. SHERIFF·S OFFICE Permission to apply for a 2007 COPS Secure Our Schools grant from the U.S. Department of Justice, Office of Community Oriented Policing Services - Consider staff recommendation to approve the St. Lucie County Sheriff's Office submission of the application for the 2007 COPS Secure Our Schools Grant and authorize the County Administrator to sign the application. 6. PARKS AND RECREAIION A. Contract with Weed & Seed of St. Lucie County - Consider staff recommendation to grant permission to apply for funding from Weed and Seed of St. Lucie County to enroll 48 children in Parl:?s and Recreation summer camps and authorize the Chairman to sign the contract. B. Change Fund for Lal:?ewood ParI:? Pool - Consider staff recommendation to approve a $50 Change fund for the new Lal:?ewood ParI:? Regional ParI:? pool. C. Permission to advertise the removal and replacement of asbestos sidings (Parl:?s Division - Will Fee Road Compound) - Consider staff recommendation to approve Budget Amendment BA07-060, and use $35K from the General Fund Contingency to advertise for bid and remove/replace the sidings on the two small structures at the Will Fee Road Compound. 7. COURT ADMINISTRATION Request approval of Resolution No. 07-205 and Equipment Request No. 07-335 to purchase CourtSmart equipment necessary to complete the new digital court reporting system in Martin and Ol:?eechobee Counties - Consider staff recommendation to approve Resolution No. 07-205 and Equipment Request No. 07-335 for the purchase of CourtSmart equipment in the amount of $58,504, approved by the Ol:?eechobee County Board of County Commission on May 24, 2007 and $105,540 approved by the Martin County Board of County Commission on May 22, 2007. a. HUMAN RESOURCES Resolution No. 07-204 - Consider staff recommendation to approve Resolution No. 07-204 to correct Scrivener error in Section 2.02 of the Employee Handbool:?, Titled: Staff Reduction, and Section 4.09 of the Employee Handbool:?, Titled: Harassment Policy. 9. GRANTS A. Authorize the submittal of a grant application to the National Coastal Wetlands Conservation for funds in amount of $1,000,000 from the U.S. Department of Interior - Office of Fish and Wildlife Service. These funds will acquire and restore environmentally sensitive lands owned by Harbor Branch Oceanographic Institution (HBOI). Additionally, authorize the acceptance of the grant if it is awarded. Grant funds, to be matched by the Florida Communities Trust (FCT) and/or St. Lucie River Issues Team funds, will be utilized to acquire and restore valuable wetland preserve areas - Consider staff recommendation to authorize the submittal of the National Coastal Wetlands Conservation Grant application for the Harbor Branch Preserve project and the acceptance of the grant if it is awarded. B. Authorization of the submittal of a grant application to the Florida Department of Community Affairs, Division of Emergency Management, Residential Construction Mitigation Program requesting an amount not to exceed $200,000 to further a program to provide wind resistant remedies for low income homes. In addition, authorization to accept the grant if awarded - Consider staff recommendation to authorize the submittal of a grant application to the Florida Department of Community Affairs, Division of Emergency Management, Residential Construction Mitigation Program requesting an amount not to exceed $200,000 to further a program to provide wind resistant remedies for low-income homes. In addition, authorize to accept the grant if awarded. Con.ent Agencla Jane 12, 2007 Pa,e Three 10. AIRPORT A. Approved Budget Resolution No. 07-198 for Supplemental Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOn for the Parallel Runway 9U27R Design/Construction - Consider staff recommendation to approve Budget Resolution No. 07-198 for the Florida Department of Transportation (FDOn Supplemental Joint Participation Agreement (JPA) in the amended total amount of $186,716 (FDOT $93,358; Local $93,358) for the design and construction of parallel Runway 9U27R for the St. Lucie County International Airport and authorize the Chair or designee to execute same. B. Request that the Board approve Change Order No. 7 - Dicl:?erson Florida, Inc. - Consider staff recommendation to approve Change Order No. 7 for Dicl:?erson Florida, Inc. for a decrease in final contract cost of $29,756.64, changing the contract amount from $4,451,276.08 to $4,421,519.44 with no additional time, and approve the final Invoice and Release of Retainage on Contract No. C05-03-077, for the infrastructure construction of Phase I of Airport West Commerce ParI:?, and authorize the Chair or designee to execute the same. II. PUBLIC WORKS A. Accept the Lal:?ehurst Drive project (Drainage R.O.W. Restoration - Sandia Drive to Airoso Boulevard) - Consider staff recommendation to approve and authorize the Chairman to accept the Lal:?ehurst Drive project (Drainage R.O.W. Restoration - Sandia Drive to Airoso Boulevard) which was completed in general accordance with the plans and specification and to provide Final Payment and release of retainage to Contract #C06-02-168 in the amount of $27,187.50 to Johnson-Davis, Inc. deducting $400.00 for overtime requested by the contractor from the invoiced amount and approve Change Order #2 deducting $16,307.50 for service not required. B. Contract with LBFH, Inc. to provide professional consultation services with respect to permitting and related project impacts to St. Lucie County's Canal 103. LBFH, Inc. is the Chief engineer for the North St. Lucie River Water Control District (former owner of Canal 103) - Consider staff recommendation to approve the Contract with LBFH, Inc. to provide professional consultation services with respect to permitting and related project impacts to St. Lucie County's Canal 103, and authorize the Chairman to sign. C. Request Board approval of Hazard mitigation Grant with FEMA for $222,816.00 to assist in design of Lal:?ewood ParI:? Stormwater Drainage and Improvement project, and approval of Resolution No. 07- 203 - Consider staff recommendation to approve the attached Hazard Mitigation Grant with FEMA for $222,816.00 to assist in the design for Lal:?ewood ParI:? Storm water Drainage and Improvement project and approval of Resolution No. 07-203 and signature by the Chairman. 12. COMMUNITY SERVICES A. Authorize staff to submit a Service Development grant to Florida Department of Transportation for implementation of a new fixed route in St. Lucie West - Consider staff recommendation to submit a Service Development grant for $500,000 to Florida Department of Transportation for marl:?eting and operating a fixed route in St. Lucie West. B. Authorize staff to submit a grant application to the Florida Department of Transportation Transit Corridor grant program to implement transit service connecting St. Lucie County and Indian River County - Consider staff recommendation to submit a grant application to the Florida Department of Transportation Transit Corridor grant program to implement transit service connecting St. Lucie County and Indian River County. Content A,encla June 12, Z007 Pa,e Four II. CENTRAL SERVICES David Brool:?s Enterprises, Inc. - Change Order No. 13 to C05-12-636 - Change Order No. 14 to C05-12-636 - Construction of the New CierI:? of Court Building & Downtown Chiller Plant - Consider staff recommendation to approve Change Order No. 13 to Contract No. C05-12-636, David Brool:?s Enterprises, to increase the contract sum $42,751; the new contract sum will be $13,302,061. - Change Order No. 14 to Contract No. C05-12- 636, David Brool:?s enterprises, to decrease the contract sum $21,610; the new contract sum will be $13,280,451. Staff further recommends the Board authorize the Chair to sign the Change Orders as prepared by the County Attorney. - ~"rr'~ìÎ"'¡TIÑ""<'""rnlûmm-J1t '~ '>z'·~'"'=mrñi.lt{j1!íf"- ANNOUNCEMENTS 'une 12, 2007 r r IT~W~=<','-~-=,'m~===," !m¡uw - .ì!~mml¡¡r~''''~ liIIIIIil~'GT -'~",~-~v m.'*'--,œNrtei1" m 1. The Board of County Commissioners will hold the Lal:?ewood ParI:? Regional ParI:? Ribbon Cutting Ceremony on Thursday, June 21, 2007 at 5:00 p.m. 2. The Lennard Road PD&E Public Hearing will be held June 28th at IRCC's Koblegard Student Union building. The informal open house will begin at 6:00 p.m. and the formal presentation will begin at 7:00 p.m. Public comment will follow. 3. The Board of County Commissioners Budget Worl:?shops will begin Thursday, July 19, 2007 and run through Wednesday, July 25, 2007. 4. The July 10th Regular Board of County Commissioners Meeting and the July 17th Regular Board of County Commissioners meeting have been canceled due to acl:? of quorum. Three Commissioners will be attending the Airport Conference on July 10th and three Commissioners will be attending the National Association of Counties (NACO) Conference on July 17th. 5. The Board of County Commissioners will hold a Budget Millage Adoption Meeting on July 31, 2007 at 9:00 a.rn. in the County Commission Chambers. 6. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 6, 2007 at 6:00 p.rn. 7. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 13, 2007 at 6:00 p.m. 8. The Board of County Commission is seel:?ing members for the Historical Commission. The Historical Mission meets at 5:00 PM on the third Monday of the month. For more information please call the Cultural Affairs Office at 462-1767. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen 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 Director at (772) 462-1m or TDD (m) 462-1428 at least forty-eight (48) hours prior to the meeting. a:................. .. ---== mnrr ~i ~ Vi""»" 1Al) Paula A. Lewis, Chairman Dou, Coward, Vice Chairman 'o.eph E. Smith Char Ie. Grande Chris Craft District No. I District No.2 District No. I District No.4 District No. S AGENDA 'une 12, 2007 I. MINUTES Approve the minutes from the meeting held on May 22, 2007 2. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve warrants List No. 34, 35 and 36. 2. PURCHASING A. Permission to advertise and issue an Invitation to Bid to construct parl:?ing lots at Blind Creel:? ParI:? - Consider staff recommendation to approve to advertise and issue an Invitation to Bid to construct parl:?ing lots at Blind Creel:? ParI:? B. Permission to advertise and issue a Request for Proposals for Exotic Vegetative Removal and Maintenance at various St. Lucie County Sites - Consider staff recommendation to approve to advertise and issue a Request for Proposals for Exotic Vegetative Removal and Maintenance at various St. Lucie County Sites. C. Permission to advertise and issue a Request for Proposals (RFP) for Emergency Debris Removal and Dil:?e Repair at post catastrophic St. Lucie County Sites - Consider staff recommendation to approve to advertise and issue a Request for Proposals (RFP) for Emergency Debris Removal and Dil:?e Repair at post catastrophic St. lucie County Sites. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taben 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 Director at (772) 462-1m or TDD (m) 462-1428 at least forty-eight (48) hours prior to the meeting. - ~'_ÎÎ!T'~11'~I"e·" ~ rmt'~ 111Im'! '~«fll'4I ~~Uilìi¡¡ : if i1!!f .. '.'w.. -..!.q. ..) .....' ....' . ~., , " '.. !;"" ~'\~ "- _u ., ,è >,' ' . ',:" ,:ß .,,~ :: :, '" ,:; :~~ -,~"""'=- " ".." '"'~if " m1í ="""'""·'-""""'1~'" Charle. Grande, Chairman Chris Craft, Vice Chairman 'o.eph E. Smith Dou, Coward Paula A. Lewis District No.4 District No. S District No. I District No.2 District No. I AGENDA 'une 12, 2007 I. MINUTES Approve the minutes from the meeting held on May 22, 2007. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve Warrants List No. 34, 35 and 36. 20 PUBLIC WORKS Artificial Reef Program: Approval to amend existing contracts with McCulley Marine Services, Inc. and Lee Harris, P.E., PhD to accomplish one additional artificial reef deployment with the 2006-07 FWC grant - Consider staff recommendation to approve of the first amendment to 1) Worl:? Authorization No. 04 (C-05-06- 330) with McCulley Marine Services, Inc., in the amount of $68,000 and 2) Worl:? Authorization No. 07 (C05-11- 619) with Lee Harris, P.E., PhD, in the amount of $17,050, and execution of said contract amendments by the Chairperson. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen 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 Director at (772) 462-1m or TDD (m) 462-1428 at least forty-eight (48) hours prior to the meeting. ADDITIONS AGENDA 'une 12, 2007 CONSENT AGENDA CAI. INVESTMENT FOR THE FUTURE (Revised Agenda #C-11 May 8, 2007) Approve Interloca Agreement for Contribution/School Board/Dan McCarty Middle School - Consider staff recommendation to approve the Interlocal Agreement For Contribution between the County and the School Board for parl:?ing area improvements at the Dan McCarty Middle School tracl:? as drafted by the School Board's Attomey and reviewed by the County Attorney and authorize the Chairman to sign. ~ 1) PARKS REFERENDUM Change Order No. 5 - Recreation Design & Construction - C04-07-655 - Lal:?ewood ParI:? Regional ParI:? Project - Consider staff recommendation to approve Change Order No. 5 with Design & Construction (C04-07-655) in the amount of $447,586 for construction of new "revised" turn lane for the Lal:?ewood ParI:? Regional ParI:? and authorize the Chairman to sign. The new contract sum will be $9,044,268. REGULAR AGENDA PURCHASING Request For Qualifications #07-052, Emergency Operations Center Construction Contractor Pre-Qualification; Disqualification of Contractor - Consider staff recommendation to uphold Staff's determination to disqualify Jacquin & Sons, Inc., from bidding on the construction of the new Emergency Operations Center. ~~ 1meJIj l~îJlJ ~ PilLt \ ~~'1!~ ~ I,uv!.er- G;em I ? 1Å1 [; ~ CLn "'e~-I- NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen 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 Director at (772) 462-1m or TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. '. ~~V~/rV 'une 12, 2007 9.00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. 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 asl:? anyone wishing to speal:? 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 asl:? for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speal:?ing clearly into the microphone. If you have bacl:?up 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 worl:?shops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these worl:?shops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS www.eo..t-Iucle.fl.u. Chris Craft, Chairman 'o.eph E. Smith, Vice Chairman Dou, Coward Paula A. Lewis Char Ie. Grande District No.5 District No. I District No.2 District No. I District No.4 'une 12, 2007 9.00 A.M. Invocation Pledge of Alle,lanee I. MINUTES Approve the minutes from the June 5, 2007 meeting. 20 PROCLAMATIONS/PRESENTATIONS There are no proclamations/presentations scheduled. I. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA 11i1lilíæ"1r=" Wi_ .~ ~ '¡¡1 .* "'"<'C.". "=11'"\.1 11111 1111 PUBLIC HEARINGS SA. There are no public hearings scheduled for June 12, 2007. END OF PUBLIC HEARINGS JifjJ '. 6. ADMINISTRATION Rural Land Stewardship Area (RLSA) Program Monthly Status Update - Consider staff recommendation to accept the status report and provide discussion if needed. 7. ADMINISTRATION/GROWTH MANAGEMENT Discussion on Growth Management operations. 8. ADMINISTRATION North ForI:? St. Lucie River Aquatic Preserve Management Plan revision - Consider staff recommendation to appoint Commissioner Coward or designee to participate on the Advisory Committee for the North ForI:? St. Lucie River Aquatic Preserve Management Plan revision. ~ ..,......, .""",c,,,_ """,,..: .~.' ",,,,,,. '''=_<..ó'.'," ~""~ .~~ - ~" '''' ""fl' CONSENT AGENDA ~- " ~ , .. ~.= " I. WARRANTS Approve warrant list No. 36 20 COUNTY ATTORNEY Resolution No. 07-200 - Extending State of Local Emergency - Ban on Open Air Burning in St. Lucie County - Consider staff recommendation to approve Resolution No. 07-200 and authorize the Chairman to sign. Ie PURCHASING A. Request Board approval of the following short listed firms and permission to conduct oral presentations to ranI:? the short listed firms for fee and contract negotiations from Request For Qualifications #07- 047, Geotechnical Engineering Services Continuing Contracts - Consider staff recommendation to approve the listed short listed firms and permission to conduct oral presentations to ranI:? the short listed firms for fee and contract negotiations from Request For Qualifications #07-047, Geotechnical Engineering Services Continuing Contracts. B. Request Board approval of the short listed firms and permission to conduct oral presentations to ranI:? the short listed firms for fee and contract negotiations - Consider staff recommendation to approve the short listed firms and permission to conduct oral presentations to ranI:? the short listed firm for fee and contract negotiations from Request For Qualifications #07-044, Stormwater Management Design and Permitting Services Continuing Contracts C. Permission to negotiate fees with firms from Request For Qualifications #07-042, Construction Management Services Continuing Contracts, and if Negotiations are successful, to award contracts to the following firms: FIRM LIST Inwood Consulting, Inc. Arcadis Stanley Consultants, Inc. LBFH, Inc. TBE Croup, Inc. Keith & Schnars Consider staff recommendation to approve to negotiate fees with the successful firms selected after performing oral presentations for Request for Request For Qualifications #07-042, Construction Management Services Continuing Contracts; and if negotiations are successful, to award contracts to the successful firms listed above and authorize the Chairman to sign the contracts as prepared by the County. D. Permission to asl:? the Florida Association of Counties to support the Resolution adapted by the Florida Association of Public Purchasing Officers (FAPPO) amending Section 287.055 F.S. as stated - Consider staff recommendation to approve to asl:? the Florida Association of Counties to support the Resolution adapted by the Florida Association of Public Purchasing Officers (FAPPO) amending Section 287.055 F.S. as stated. 4. PARKS REFERENDUM Release of Retainage - the Collage Companies (C06-06-334) - Lawnwood Sports Complex Soccer Fields - Consider staff recommendation to approve The Collage Companies (C06-06-334) request to release retainage in the amount of $41,387.25 due to completion of the Lawnwood Complex soccer field projects. s. SHERIFF'S OFFICE Permission to apply for a 2007 COPS Secure Our Schools grant from the U.S. Department of Justice, Office of Community Oriented Policing Services - Consider staff recommendation to approve the St. Lucie County Sheriff's Office submission of the application for the 2007 COPS Secure Our Schools Grant and authorize the County Administrator to sign the application. Con.ent Agencla June 12, 2007 Page Two 6. PARKS AND RECREATION A. Contract with Weed & Seed of St. Lucie County - Consider staff recommendation to grant permission to apply for funding from Weed and Seed of St. Lucie County to enroll 48 children in Parl:?s and Recreation summer camps and authorize the Chairman to sign the contract. B. Change Fund for Lal:?ewood ParI:? Pool - Consider staff recommendation to approve a $50 Change fund for the new Lal:?ewood ParI:? Regional ParI:? pool. C. Permission to advertise the removal and replacement of asbestos sidings (Parl:?s Division - Will Fee Road Compound) - Consider staff recommendation to approve Budget Amendment BA07-060, and use $35K from the General Fund Contingency to advertise for bid and remove/replace the sidings on the two small structures at the Will Fee Road Compound. 7. COURT ADMINISTRATION Request approval of Resolution No. 07-205 and Equipment Request No. 07-335 to purchase CourtSmart equipment necessary to complete the new digital court reporting system in Martin and Ol:?eechobee Counties - Consider staff recommendation to approve Resolution No. 07-205 and Equipment Request No. 07-335 for the purchase of CourtS mart equipment in the amount of $58,504, approved by the Ol:?eechobee County Board of County Commission on May 24, 2007 and $105,540 approved by the Martin County Board of County Commission on May 22, 2007. a. HUMAN RESOURCES Resolution No. 07-204 - Consider staff recommendation to approve Resolution No. 07-204 to correct Scrivener error in Section 2.02 of the Employee Handbool:?, Titled: Staff Reduction, and Section 4.09 of the Employee Handbool:?, Titled: Harassment Policy. 9. GRANTS A. Authorize the submittal of a grant application to the National Coastal Wetlands Conservation for funds in amount of $1,000,000 from the U.S. Department of Interior - Office of Fish and Wildlife Service. These funds will acquire and restore environmentally sensitive lands owned by Harbor Branch Oceanographic Institution (HBOI). Additionally, authorize the acceptance of the grant if it is awarded. Grant funds, to be matched by the Florida Communities Trust (FCT) and/or St. Lucie River Issues Team funds, will be utilized to acquire and restore valuable wetland preserve areas - Consider staff recommendation to authorize the submittal of the National Coastal Wetlands Conservation Grant application for the Harbor Branch Preserve project and the acceptance of the grant if it is awarded. B. Authorization of the submittal of a grant application to the Florida Department of Community Affairs, Division of Emergency Management, Residential Construction Mitigation Program requesting an amount not to exceed $200,000 to further a program to provide wind resistant remedies for low income homes. In addition, authorization to accept the grant if awarded - Consider staff recommendation to authorize the submittal of a grant application to the Florida Department of Community Affairs, Division of Emergency Management, Residential Construction Mitigation Program requesting an amount not to exceed $200,000 to further a program to provide wind resistant remedies for low-income homes. In addition, authorize to accept the grant if awarded. 10. AIRPORT A. Approved Budget Resolution No. 07-198 for Supplemental Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOn for the Parallel Runway 9U27R Design/Construction - Consider staff recommendation to approve Budget Resolution No. 07-198 for the Florida Department of Transportation (FDOn Supplemental Joint Participation Agreement (JPA) in the amended total amount of $186,716 (FDOT $93,358; Local $93,358) for the design and construction of parallel Runway 9U27R for the St. Lucie County International Airport and authorize the Chair or designee to execute same. Con.ent A,encla 'line 12, 2007 Pa,e Three 10. AIRPORT CONTINUED B. Request that the Board approve Change Order No. 7 - Dicl:?erson Florida, Inc. - Consider staff recommendation to approve Change Order No. 7 for Dicl:?erson Florida, Inc. for a decrease in final contract cost of $29,756.64, changing the contract amount from $4,451,276.08 to $4,421,519.44 with no additional time, and approve the final Invoice and Release of Retainage on Contract No. C05-03-077, for the infrastructure construction of Phase I of Airport West Commerce ParI:?, and authorize the Chair or designee to execute the same. II. PUBLIC WORKS A. Accept the LaRehurst Drive project (Drainage R.O.W. Restoration - Sandia Drive to Airoso Boulevard) - Consider staff recommendation to approve and authorize the Chairman to accept the Lal:?ehurst Drive project (Drainage R.O.W. Restoration - Sandia Drive to Airoso Boulevard) which was completed in general accordance with the plans and specification and to provide Final Payment and release of retainage to Contract #C06-02-168 in the amount of $27,187.50 to Johnson-Davis, Inc. deducting $400.00 for overtime requested by the contractor from the invoiced amount and approve Change Order #2 deducting $16,307.50 for service not required. B. Contract with LBFH, Inc. to provide professional consultation services with respect to permitting and related project impacts to St. Lucie County's Canal 103. LBFH, Inc. is the Chief engineer for the North St. Lucie River Water Control District (former owner of Canal 103) - Consider staff recommendation to approve the Contract with LBFH, Inc. to provide professional consultation services with respect to permitting and related project impacts to St. Lucie County's Canal 103, and authorize the Chairman to sign. C. Request Board approval of Hazard mitigation Grant with FEMA for $222,816.00 to assist in design of Lal:?ewood ParI:? Stormwater Drainage and Improvement project, and approval of Resolution No. 07- 203 - Consider staff recommendation to approve the attached Hazard Mitigation Grant with FEMA for $222,816.00 to assist in the design for Lal:?ewood ParI:? Stormwater Drainage and Improvement project and approval of Resolution No. 07-203 and signature by the Chairman. 12. COMMUNITY SERVICES A. Authorize staff to submit a Service Development grant to Florida Department of Transportation for implementation of a new fixed route in St. Lucie West - Consider staff recommendation to submit a Service Development grant for $500,000 to Florida Department of Transportation for marReting and operating a fixed route in St. Lucie West. B. Authorize staff to submit a grant application to the Florida Department of Transportation Transit Corridor grant program to implement transit service connecting St. Lucie County and Indian River County - Consider staff recommendation to submit a grant application to the Florida Department of Transportation Transit Corridor grant program to implement transit service connecting St. Lucie County and Indian River County. II. CENTRAL SERVICES David Brool:?s Enterprises, Inc. - Change Order No. 13 to C05-12-636 - Change Order No. 14 to C05-12-636 - Construction of the New CierI:? of Court Building & Downtown Chiller Plant - Consider staff recommendation to approve Change Order No. 13 to Contract No. C05-12-636, David Brool:?s Enterprises, to increase the contract sum $42,751; the new contract sum will be $13,302,061. - Change Order No. 14 to Contract No. C05-12- 636, David Brool:?s enterprises, to decrease the contract sum $21,610; the new contract sum will be $13,280,451. Staff further recommends the Board authorize the Chair to sign the Change Orders as prepared by the County Attorney. . ,,' ! Œhil ="']1 n@ JìíúTI1 'l1ð1ìTIì ANNOUNCEMENTS 'une 12, 2007 -- "".'.""'........,"' 1. The Board of County Commissioners will hold the Lal:?ewood ParI:? Regional ParI:? Ribbon Cutting Ceremony on Thursday, June 21, 2007 at 5:00 p.rn. 2. The Lennard Road PD&E will be held June 28th at IRCC's Koblegard Student Union building. The informal open house will begin at 6:00 p.m. and the formal presentation will begin at 7:00 p.m. Public comment will follow. 3. The Board of County Commissioners Budget Worl:?shops will begin Thursday, July 19, 2007 and run through Wednesday, July 25, 2007. 4. The July 10th Regular Board of County Commissioners Meeting and the July 17th Regular Board of County Commissioners meeting have been canceled due to lacl:? of quorum. Three Commissioners will be attending the Airport Conference on July 10th and three Commissioners will be attending the National Association of Counties (NACO) Conference on July 17th. 5. The Board of County Commissioners will hold a Budget Millage Adoption Meeting on July 31, 2007 at 9:00 a.m. in the County Commission Chambers. 6. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 6, 2007 at 6:00 p.m. 7. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 13, 2007 at 6:00 p.rn. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action ta!:?en 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 swom 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 Director at (772) 462-1777 or TOO (m) 462-1428 at least forty-eight (48) hours prior to the meeting. -.:~! --~~......~~~~~..., WJIIMI_~ ~IW~ _ ~'" - ,".'.>; ',v=T>Y~[í "-"1 i'" ,.wwm ", H ,,~,~""' ''''''''''-r Paula A. Lewis, Chairman Dou, Coward, Vice Chairman 'o.eph E. Smith Char Ie. Grande Chris Craft District No. I District NO.2 District No. I District No.4 District NO.5 AGENDA 'une 12, 2007 I. MINUTES Approve the minutes from the meeting held on May 22, 2007 2. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve warrants List No. 34, 35 and 36. 20 PURCHASING A. Permission to advertise and issue an Invitation to Bid to construct parl:?ing lots at Blind Creel:? ParI:? - Consider staff recommendation to approve to advertise and issue an Invitation to Bid to construct parl:?ing lots at Blind Creel:? ParI:? B. Permission to advertise and issue a Request for Proposals for Exotic Vegetative Removal and Maintenance at various St. Lucie County Sites - Consider staff recommendation to approve to advertise and issue a Request for Proposals for Exotic Vegetative Removal and Maintenance at various St. Lucie County Sites. C. Permission to advertise and issue a Request for Proposals (RFP) for Emergency Debris Removal and Dil:?e Repair at post catastrophic St. Lucie County Sites - Consider staff recommendation to approve to advertise and issue a Request for Proposals (RFP) for Emergency Debris Removal and Dil:?e Repair at post catastrophic St. lucie County Sites. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action tal:?en 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 Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. .'1 ~ 'riP" or r ., W l ~'~n '0'"' TI "lr~I I'r ." ,;;.-& . ...... .' ~. .....?' e" . ....-' ,,' e& .J.$ £ _ "',,' ,~~ > " , . ~ ':~ .) , : ~ _'~ ~ "At ," ~""" .'. . " "', " ,'" I, ,,,, " ·,··..æ .W" ' ~ Charle. Grande, Chairman Chris Craft, Vice Chairman 'o.eph E. Smith Dou, Coward Paula A. Lewis District NO.4 District NO.5 District No. I District No.2 District No. I AGENDA 'une 12, 2007 I. MINUTES Approve the minutes from the meeting held on May 22, 2007. 20 GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve Warrants List No. 34, 35 and 36. 20 PUBLIC WORKS Artificial Reef Program: Approval to amend existing contracts with McCulley Marine Services, Inc. and Lee Harris, P.E., PhD to accomplish one additional artificial reef deployment with the 2006-07 FWC grant - Consider staff recommendation to approve of the first amendment to 1) Worl:? Authorization No. 04 (C-05-06- 330) with McCulley Marine Services, Inc., in the amount of $68,000 and 2) Worl:? Authorization No. 07 (C05-11- 619) with Lee Harris, P.E., PhD, in the amount of $17,050, and execution of said contract amendments by the Chairperson. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen 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 Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ADDITIONS AGENDA 'une 12, 2007 CONSENT AGENDA CAI. INVESTMENT FOR THE FUTURE (Revised Agenda #C-11 May 8, 2007) Approve Interlocal Agreement for Contribution/School Board/Dan McCarty Middle School - Consider staff recommendation to approve the Interlocal Agreement For Contribution between the County and the School Board for parl:?ing area improvements at the Dan McCarty Middle School tracl:? as drafted by the School Board's Attorney and reviewed by the County Attorney and authorize the Chairman to sign. CA2. PARKS REFERENDUM Change Order No. 5 - Recreation Design & Construction - C04-07-655 - Lal:?ewood ParI:? Regional ParI:? Project - Consider staff recommendation to approve Change Order No. 5 with Design & Construction (C04-07-655) in the amount of $447,586 for construction of new "revised" turn lane for the Lal:?ewood ParI:? Regional ParI:? and authorize the Chairman to sign. The new contract sum will be $9,044,268. REGULAR AGENDA RAI. PURCHASING Request For Qualifications #07-052, Emergency Operations Center Construction Contractor Pre-Qualification; Disqualification of Contractor - Consider staff recommendation to uphold Staff's determination to disqualify Jacquin & Sons, Inc., from bidding on the construction of the new Emergency Operations Center. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action tal:?en 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 Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: June 5, 2007 Convened: 6:00 p.m. Adjourned: 8:30 p.m. Commissioners Present: Chairman, Chris Craft, Joseph Smith, Paula A. Lewis, Doug Coward, Charles Grande Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Debra Brisson, Parks and Recreation Director, Beth Ryder, Community Services Director, Neil Appel, Purchasing Director, Robert Nix, Growth Management Director, Jeff Furst, Property Appraiser, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Coward, seconded by Com. Grande, to approve the minutes of the meeting held May 22, 2007, as corrected with regards to item 7 and the final vote, and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS None scheduled 3. GENERAL PUBLIC COMMENTS Mr. Michael Jacquin, Jacquin & Sons, addressed the Board with regards to his protesting his denial of an RFQ and being disqualified for not attending a pre bid meeting. The County Attorney stated staff would compile all the necessary information and return to the Board. Mr. Jonathan Ferguson addressed Ordinance 07-031 which he felt was going through the process quickly. He requested the Board slow down the process. He felt it had significant consequences for all property interests and felt it was due the same respect, consideration and public debate the other comprehensive plan amendments had received. The Chairman pointed out this was the item the Growth Management Director had requested meeting with each Commissioner on. The Growth Management Director stated he did not have a problem in looking at it further but wished to discuss it with everyone since the Board had given staff direction. The Plan Amendments would be back before the Board after budget session. The Chairman stated he would like to discuss this further after the Growth Management Director meets with all the Commissioners. Mr. Ferguson stated he was not aware of a reason why the amendments had to be rushed through and asked the Board could give them the time needed for review. Mr. Kevin Griffen, attorney representing applicants on an item on the Consent Agenda, requested the Board to vote in favor of the request. 1 Mr. Craig Mundt addressed the Board regarding a public forum on June 11, 2007 with regards to the Trauma Center and stated there had been little advertising about this issue and asked if there would be more information on SLCTV about the forum. The Media Manager addressed Mr. Mundt's questions and advised him of the format being proposed. Com. Coward stated the Board should not weigh in on this issue and believes staff can handle the format for this issue. However he does feel a basic presentation should be made. The Chairman advised Mr. Mundt he would make sure the information was presented on SLCTV. Ms. Pamela Hammer, The Reserve, addressed the Board with regard to a forum held at the Reserve where a Lawnwood representative attended and addressed the questions. She recommended the format they used at the Reserve. Mr. Jeff Furst, Property Appraiser addressed the Board with regard to the tentative figures for the roll. They are required to have the final figures to Tallahassee by July I st. He also addressed the legislative meeting and stated this year would unusual. The rolls will be different than any of the other years since he has been Property Appraiser. He is hoping to have the roll done on time and wait for instructions from Tallahassee after their session. Mr. John Arena, South Beach, addressed the Board with regard to the criminal element in St. Lucie County and what he considers the miss-use of our port. Ms. Bobbi Conte, Port St. Lucie resident addressed the Board and thanked them for their support in having the Public Service Commission deny the request of FPL for a coal plant in Glades County. Ms. Susie Caron, Indrio Road resident, addressed the Board on Ordinance 07-031 and stated she had attended the meeting with developers and landowners. She felt what she got out of it was clarification of all rules and regulations had not changed. She felt the problem with the group was the interpretation of the existing codes and felt they needed clarification. 4. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Lewis, to approve the Consent Agenda with item CA-2 and C2-C being pulled and the addition of CA-I, and; upon roll call, motion carried unanimously. I. WARRANT LIST The Board approved Warrant List No. 34 and 35. 2. COUNTY ATTORNEY A. Extension of State of Local Emergency- Indian River Drive- The Board approved the declaration and authorized the Public Safety Director to sign the declaration. B. Resolution No. 07-147 Amending the Interest Rate for the MSBU Revolving Loan Program- The Board approved Resolution No. 07-147. C. Resolution No. 07-199 Ban on open air burning - This item was pulled. 3. 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LUCIE COUNTY - BOARD WARRANT LIST #35- 26-MAY-2007 TO 01-JUN-2007 FUND SUMMARY TITLE General Fund Section 112/MPO/FHWA/Planning 2006 CSBG Grant FY07 05 CDBG Sup Disaster Recovery Fixed Route Grant FY 07 TDC Planning Grant FY 07 FDCA EMPA FY07 DCA-Construction Mitigation Dept of Financial Services My Safe Floridian Aquifier Well Monitoring Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees FDOT MidwaYR~-PD & E Study Unincorpora~~ Services Fund Drainage Ma1ntenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund-Legal Aid F&F Fund-Court Related Technology FL Dept Juvenile Justice-DMC Civil Drug Abuse Fund SLC Public Transit MSTU Port & Airport Fund Port Fund Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP Fort pierce Shore Protection P FDEP - Fort Pierce Shore Protection FHFA SHIP FY06/07 FHFA Hurricane Housing Recovery Impact Fees-Library County Building Fund County Capital Transportation Capital County Capital-St Revenue Share Bnd Indian River Estates MSBU Sanitary Landfill Fund Golf Course Fund EXPENSES 2,408,935.72 10,543.84 1,732.84 237.25 10,000.00 321.. 42 409.92 2,698.60 2,097.33 1,278.26 14,771.. 04 364.35 50,046.52 40,266.61 18,333.20 9,638.13 28,347.47 32,075.58 88,463.15 116.95 3,468,620.15 1,360.15 4,793.71 8,132.36 27,499.10 263.73 35.00 1,711.. 94 9,294.15 149,659.40 600.60 1,095.37 1,368.86 150.32 894. 02 627.56 3,728.34 476.70 128.39 965.06 23,211.. 77 22,463.83 148,475.00 11,500.00 10,440.00 5,336.00 39,043.95 18,943.40 PAGE PAYROLL 685,466.34 7,083~66 1,756.39 1,051.. 52 0.00 0.00 0.00 1,695.20 2,370.74 1,391..91 47,250.64 0.00 45,966.68 33,719.41 20,830.41 0.00 0.00 85,469.35 6,441..65 0.00 135,434.74 1,049.60 2,371..44 0.00 8,674.03 1,507.10 0.00 2,051. 50 13,526.81 0.00 2,163.20 3,815.27 0.00 0.00 4,051.91 0.00 0.00 0.00 210.32 1,051.68 0.00 0.00 0.00 0.00 0.00 0.00 67,892.54 23,392.62 1 \ " 06/01/07 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #35- 26-MAY-2007 TO 01-JUN-2007 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 451 S. Hutchinson Utilities Fund 1,713.55 2,245.69 458 SH Util-Renewal & Replacement Fund 57.05 688.72 461 Sports Complex Fund 6,672.84 20,990.11 471 No County Utility District-Operatin 5,976.78 8,323.50 478 No Cty Util Dist-Renewal & Replace 405.51 1,426.33 479 No Cty Util Dist-Capital Facilities 188,715.45 1,213.99 491 Building Code Fund 18,058.51 61,165.62 505 Health Insurance Fund 1,934.68 5,920.80 611 Tourist Development Trust-Adv Fund 1,197.04- 0.00 625 Law Library 891.16 0.00 685 Sunland Gardens MSBU 13,539.81 0.00 686 Greenacres MSBU 6,294.78 0.00 801 Bank Fund 257,711.48 0.00 GRAND TOTAL: 7,182,271.60 1,309,661.42 2 , A. Modification to USGS contract for water quality monitoring at Five Mile Creek, increasing the amount of the contract by $896.00 from $14,583.00 to $15,749.00- The Board approved the modification to the USGS contract increasing the amount to $15,749.00. B. Engineering Division- Second Amendment to Work Authorization No. 20 (C03-05-395) with Hazen and Sawyer for Garrison Lane drainage- The Board approved the Second Amendment to Work Authorization No. 20 for the drainage improvements for a time extension through August 31, 2007 and authorized the Chairman to sign. 4. GROWTH MANAGEMENT A. Request to approve equipment request EQ07-322 and budget amendment BA 07-054 for the installation and purchase of a Smart Board- The Board approved EQ07-322 and budget amendment BA 07-054 for the installation and purchase of a Smart Board System in the Growth Management's future remodeled DRC Conference Room. B. Agreement with Oakbridge Development LLC, to pay fee in lieu of constructing concrete sidewalks- The Board approved the Fee in Lieu of Construction Agreement with Oakbridge Development LLC and authorized the Chairman to sign. C. Petition ofVelay Properties for the approval of an Agreement to Pay a Fair Share Contribution for Improvements to Seminole Road for the project known as Seminole Acres Subdivision, a proposed 7-10t subdivision- The Board approved the petition of Velay Properties for an agreement to pay a fair share contribution for Improvements. D. Petition ofVelay Properties for final plat approval for the project to be known as Seminole Acres Subdivision- The Board approved the final plat for Seminole Acres Subdivision. 5. AIRPORT Request for approval of the PBS&J Work Authorization No. 22 for additional environmental services to support the permitting and completion of the Major Site Plan application for the proposed Runway 9L/27R and Parallel Taxiway for a lump sum amount of$135,857.- The Board approved PBS&J Work Authorization No. 22 and authorized the Chair or designee to execute. 6. PARKS AND RECREATION A. Fairgrounds Sanitary Sewer System Extensions ReimbursementIForestry Division Approve Ditchdigger Change Order No. 1 and Budget Resolution No. 07-189- The Board approved Change Order No.1 in the amount of $44,744 and Budget Resolution No. 07-189. B. Contract Approval with TS Academy Soccer- The Board approved the contract with TS Academy Soccer for use of Lawnwood Football Stadium and South County Stadium for an adult soccer program and authorized the Chairman to sign. C. Replacement of water/irrigation pump at Maravilla Park- Budget Amendment BA 07-059 and CIP # 07-103 to replace the pump at Maravilla Park in the amount of $1 0,928.00, the expense will be split equally with the Road and Bridge Department- The Board approve Budget Amendment No. 07-059 and CIP # 07-103. D. American with Disabilities Act (ADA) Survey/Evaluation pertaining to Tradition Field Stadium- The Board approve the transfer of credit in the 3 amount of$12,3689.00 from Hennis Construction Company, Inc., into the contingency line item and increased it to $32,368.00. 7. PURCHASING Rejection of all Bids for ITB # 07-049 Fairgrounds Office, Concession and Restroom Building Renovation- The Board approved rejecting all bids received for Bid # 07-049 due to discrepancies in specifications. CA-l. COUNTY ATTORNEY Kitterman Woods (KMJ Apartments)- The Board approved the agreement to Pay a fee in lieu of constructing a turn lane road improvement agreement(Lennard Road) and authorized the Chairman to sign the agreements. CA-2 ADMINISTRATION Authorize to hire above mid-range of the pay scale- This item was pulled. REGULAR AGENDA PUBLIC HEARINGS 5.A COUNTY ATTORNEY Second Reading- Ordinance No. 07-107 -Amend Land Development Code to provide an exemption to the requirement for a Bond for Moving a Structure. It was moved by Com. Grande, seconded by Com. Smith, to approve Ordinance No. 07- 107, and; upon roll call, motion carried unanimously. Unagendad Ms. Ida Thompson addressed the Board on a civil court issue. The Chairman asked Ms. Thompson to schedule an appointment with his office to discuss the issue further. 5.B COUNTY ATTORNEY Ordinance No. 07-036- Cardroom Gaming of Pari-mutuel Facilities- Consider staff recommendation to determine whether to adopt Ordinance No. 07-036. The County Attorney advised the Board the Governor has not signed the law and ifhe does it would become effective July 1, 2007. The County Attorney recommended if the Board should approve the Ordinance the language be changed to reflect the effective date on Part E as being upon filing with the Secretary of State. Mr. Edward Beck representing the applicant was present to answer any questions. It is believed there will be an estimated revenue of $4-5 million dollars per year. He stated they had discussed revenue sharing. Com. Grande questioned the revenue sharing based on an interlocal agreement and asked if the county would be participating in the state revenue sharing. The County attorney stated he reviewed the Statute and it stated it would allow the County to receive 2.5% being the entity that approved it. Com. Grande questioned if they could modify the resolution to have them come back in 2 years for review. 4 The County Attorney stated in speaking with the gaming division, they had not heard of anything requiring a review after a period of time. Com. Craft questioned if the applicant would be amenable to adding language that if there is an issue with crime, the Board would have the ability to require additional law enforcement on site. Mr. Beck advised the Board the applicant did not have a problem with the added language. Com. Coward stated he was having a difficult time with the process itself noting they have a business in the city limits and requiring the county approval as opposed to the city. Com. Coward stated he would be voting against this issue and felt it was a City of Ft. Pierce decision and felt it was not appropriate for the county to be acting within the city's jurisdiction. He also questioned the concurrency issue on Kings Highway and how it would be dealt with in this process. Mr. Beck stated a traffic impact statement study had been performed and it was presented to the Assistant County Administrator. The report showed no impact based on the perimeters given. Com. Coward recommended the revenues should this item be approved, be dedicated back into Kings Highway in the future. Mr. Stan Morton, Cascades St. Lucie West, addressed the Board in favor of the cardroom ordinance and presented a petition to the secretary with signatures requesting approval. Com. Lewis commented in favor of the cardroom ordinance and stated giving the present situation she believes they should not designate where the revenues will be utilized. Com. Smith commented in favor of the Ordinance. The Community Services Director addressed the Board and advised them of the assistance received from the establishment after the hurricanes. It was moved by Com. Grande, seconded by Com. Lewis, to approve Ordinance No. 07- 036 with the added language regarding additional law enforcement if necessary and the language with effective date being upon filing with the Secretary of State, and; upon roll call, the vote was as follows: Nay: Coward, Aye's: Smith, Lewis, Grande, Craft, motion carried by a vote of 4 to 1. 5.C GROWTH MANAGEMENT Petition ofFt. Pierce Angle Road Trust and Riverstone Metzger, LLC for a change in zoning form IL to PUD- Draft Resolution No. 07-045- Consider staff recommendation to continue the public hearing on this item to a date uncertain per the petitioner's request. Com. Coward questioned the Growth Management Director's past concern with regards to the many applications that have been lingering for some time and that this was a problem. The Growth Management Director stated there may be some cases where this may be warranted. Mr. Jonathan Ferguson, representing the applicant, addressed the Board on this request. Com. Grande stated he could not support a continuance due to the fact he felt the description of the changes were many to even make this a passable issue. He felt continuing did not make sense. He stated what would be submitted in the application would be entirely different than what they have before them today. He felt they should start the process again and first go before the Planning and Zoning Board. He believes it 5 with today and if the applicant intends to make these changes it should start the process over agam. Com. Coward stated although he was not ready to deny this project today and make it go away, he believes a date uncertain is not appropriate. He sees this as something that needs a decision made today. He stated this item is lingering without any progress noted. Many issues have been raised and the application continues to be continued and recommended 90 days to make the changes or the item will go away. Com. Lewis stated she too felt this had substantial changes and felt staff needed to have the time to review it and as long as there were issues she would agree to give them the time to a date uncertain. Com. Coward questioned the affordable housing issue and asked if they had contacted the Community Services Director or the Housing Manager. The Community Services Director stated they had not to this point contacted her office. Mr. Ferguson stated he had meetings with the staff on this issue and also had prior meetings with other applicants concerning the affordable housing issues and met with Mr. Stewart and they are now in the process of putting together the proposal. Com. Craft recommended the 90 day continuance after listening to the Board comments. Mr. Ferguson stated the changes would be made before the 90 days, however he was not sure staff would be able to review it in 90 days. Com. Craft stated it was up to him to make sure staff received the changes in time to review it within the 90 days. Com. Grande stated he would vote in opposition due to the fact he felt they have challenged the applicant to come back with significant changes and in his own mind he relies on the input of the P & Z Board. He believes anything this significant should be reviewed by the P & Z Board. It was moved by Com. Coward, seconded by Com. Smith to continue this item for 90 days, September 4,2007, and; upon roll call, the vote was as follows; Nay: Lewis, Grande, Aye's: Coward, Smith, Craft, motion to continue until September 4,2007 at 6:00 p.m. or as soon thereafter as it may be heard, carried by a vote of 3 to 2. S.D GROWTH MANAGEMENT Petition of St. Lucie Oaks Commercial, LLC for a change in zoning from the CG and PNRD to the PNRD and Preliminary Planned Unit Development Site Plan for the project to be known as St. Lucie Oaks Commercial-PNRD Approval with the limiting conditions in Draft Resolution No. 07-002. Staff at this time advised the Board the applicant has requested this item be continued to a date uncertain. Mr. Bob Burson representing applicant advised the Board the reason for the continuance was due to the fact county staff requested a traffic consultant to review the information provided concerning the turning lane. Com. Grande commented on the various recommendations received. He suggested if they agree with the staff request to do the additional independent analysis and let it come back to the Board, then the applicant would get the best hearing they could ask for. He fully supports the staff's request. 6 Ms. Susan O'Rourk, Traffic Engineer, addressed the staff and questioned if they needed more information from her to provide to the consultant or if the county was going to have the consultant review it as a new report. The Growth Management Director stated if the consultant needed more information, he would advise them of what would be needed. It was moved by Com. Grande, seconded by Com. Lewis, to continue this item on August 7,2007 at 6:00 p.m. or as soon there after as it may be heard, and; upon roll call, motion carried unanimously. 5.E COUNTY ATTORNEY Ordinance No. 07-037- TVC Comprehensive Plan amendment- Consider staff recommendation to adopt Ordinance No, 07-037 and authorize the Chairman to sign the Ordinance. The County Attorney addressed the stipulated settlement agreement with the Department of Community Mfairs and felt this agreement was beneficial to the County. Mr. Tom Babcock, 261 Marina Drive, and representing various property owners, addressed the Board on the proposed Ordinance 07-031. He felt the majority ofthe people at the meeting represented the agriculture industry. It was moved by Com. Coward, seconded by Com. Grande, to approve Ordinance No, 07-037, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court 7 AGENDA REQUEST ITEM NO. 6 DATE: 6/12/2007 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: Board of County Commissioners SUBMITTED BY (DEPT): County Administration and Growth Management ~~- ~~ Assistant County Administrator SUBJECT: Rural Land Stewardship Area (RLSA) Program Monthly Status Update BACKGROUND: See Attached Memorandum. GENERAL NOTES: See Attached Memorandum. FUNDS A V AILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board accepts the status report and provide discussion if needed. [ ~APPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: Approved 5-0 Douglas M. Anderson County Administrator Review and Approvals County Attorney: Management & Budget: Originating Dept: Other: Finance: (Check for Copy only, if applicable) Purchasing: Effective: - ". . . ~~. .' ,""' r ".'~ ", COUNTY ADMINISTRATION MEMORANDUM 07-14 TO: Board of County Commissioners "_.----~------_._- FROM: Faye Outlaw, Assistant County-Adlllin~ ~____ ' DATE: May 31, 2007 RE: Rural Land Stewardship Area (RLSA) Program Monthly Status Update This item is the monthly status update on the Rural Land Stewardship Area (RLSA) Program for June 2007. These updates were directed by the Board at its April 10, 2007 meeting. The updates are intended to keep the Board informed of the RLSA activities that have occurred, those that are in progress and actions anticipated to occur. Since the April 10th Board meeting, the following RLSA activities have occurred as summarized. ACTIONS COMPLETED SSA Application The Stewardship Sending Area (SSA) Application was submitted by Family Lands Remembered and Adams Ranch on April 23rd. Staff completed its initial sufficiency review on May 11th and provided a detailed set of comments and requested clarification and additional information. Staff has been in regular contact with the applicant's consultants to ensure that all comments and questions are clearly understood so that the response will be complete. Staff is scheduling a meeting with the applicant, its consultants and County staff for mid June for an interactive review of the GIS information and complete explanation of the various data layers, and resulting stewardship credits, based upon the adopted comprehensive plan and land development regulations for the RLSA overlay. The applicants are working to provide responses, clarifications and additional information requested from staff comments. We expect to receive the information shortly after the above-referenced meeting. Utilities As included on the modified timeline accepted by the Board in April, Florida Conservancy and Development Group (FCDG) is working with the County Utilities Department and its outside utility counsel on a utility developer's agreement for design, permit, construction and turnover of the water, wastewater and reclaimed water facilities. 2 ACTIONS UNDERWAY Environmental Advisory Committee Review The applicants are working with the County's Environmental Resources Department to schedule the required review meeting of the SSA application. A site visit meeting with the Environmental Advisory Committee is contemplated to take place during July. SRA Application The Stewardship Receiving Area (SRA) application is anticipated to be filed in the near future. As agreed between the County and FCDG, staff review of the SRA Application is projected to take place 35 working days after the SSA application to allow time for staff to determine completeness of the SSA Application and review it. DRI and Conceptual ERP Application The response to the first sufficiency request on the DRI to the Treasure Coast Regional Planning Council, the County and other review agencies, and the conceptual environmental resource permit (ERP) application for a conceptual storm water system to the South Florida Water Management District are expected to be filed on or about June 1. Several agencies will review the first sufficiency response and provide comments to FCDG, after which FCDG will respond with more information in a second sufficiency response. UPCOMING ACTIONS As included on the modified time line accepted by the Board in April, the next item for Board consideration is the Independent Special District. The item is scheduled to be heard at the Board meeting of July 3, 2007. Staff Recommendation: Staff recommends the Board accepts the status report and provide discussion if needed. Staff will continue working closely with the applicants to ensure that all activities are carefully coordinated and that everyone is fully informed. The process and timeline are working well. Representatives of Family Lands Remembered, Adams Ranch and Florida Conservancy Development Group will be present at your June 12, 2007 Board Meeting to answer any questions. AGENDA REQUEST ITEM NO.7 DATE: 6/12/2007 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Fa)œ-g~ ,...-\ ~ --) Assistant County Administrator TO: Board of County Commissioners SUBMITTED BY (DEPT): County Administration and Growth Management [ ] DENIED Proceed with the drafting of the Stop Gap Ordinance and bring bacl~ to the Commissioners for Review and ADOra review asap. County Attorney: "" ment & Budget: Originating Dept: Other: Finance: (Check for Copy only, if applicable) SUBJECT: BACKGROUND: GENERAL NOTES: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [ ] APPROVED (>è OTHER: Growth Management Operations See Attached Memorandum. See Attached Memorandum. N/A N/A Staff recommends the Board discuss the workload and staffing issues existing in the Growth Management Department and provide staff direction on which of the proposed actions or other actions, if any, the Board wants to pursue to ameliorate the current situation. Staff is also recommending the Board temporarily defer certain of its priorities to allow staff to complete the state mandates. The recommended deferred priorities include the CRA Feasibility Study, TDR Program, Development Fee Schedule, Neighborhood Planning Charette and Fast Tracking Commercial/Industrial Project Guidelines. Do las M. Anderson County Administrator Purchasing: Effective: , .~LLíItI:t'k,~ë - ,', ''''c' ÎOUÑTY'''''.'''{Î« f LOR I D A- COUNTY ADMINISTRATION MEMORANDUM 07-15 i":.,;m."¡·;"'i ··;..'..;J~.:,>i'"'.'ig. '-/./c'.'·--'·>-:·i,··',·.'.þ'< -",.h.';_?;>:·;-·"',· .. .. TO: Board of County Commissioners FROM: Faye Outlaw, Assistant County ~----r::=- .r-t, Bob Nix, Growth Management Director -:-' ~_.- ---- ~' DATE: June 7,2007 RE: Growth Management Operations '"..--«~...._-~,----- _.._....-"-_._.«".~"..--,,~~-_...._.. "_"""<""_~".-"~~'*--~"-'-~"'~"~_._',~,."---.-.,''''''''''"'''''''''''''=-'"'<"'-.,''''-'''' This item is a discussion on the current workload and staffing situation in the Growth Management Department. At your May 25th informal meeting, the Board had some preliminary discussion regarding the application backlog in the Department, the capacity of the Department to process the applications, the existing staff vacancies and potential actions that could be considered to remedy the current situation. The Board asked staff to agenda this matter for further discussion for its June 12th Board meeting. In reviewing this information, the Board should also bear in mind the impact on other county operations involved in development reviews such as Environmental Resources and Engineering. CURRENT WORKLOAD At the May 25th informal meeting, the Board was told the current number of active projects in the Department was 253. Staff has since manually reviewed the project data and determined the actual number of active outstanding projects as of April 30th was 219. The Department's project tracking system is still under construction and some of the reports included unedited data which added duplicate entries. In May, forty seven (47) applications were received and with the projects that were closed out that month, the active outstanding projects as of the end of May was 244. Exhibit 1 attached is a breakdown of the different applications that make up the 244. Additionally, the Department has several state mandates and major planning initiatives directed by the Board that also must be completed. These mandates and initiatives were not discussed at the May 25th informal meeting but also must be taken into account to reflect the full picture of the workload in the Department. The state mandates and planning initiatives are in various stages of progress and include the following: · Towns Villages and Countryside (TVC) Element Implementation · Rural Land Stewardship Area (RLSA) Application Processing · Kings Highway and Midway Road Corridors CRA Feasibility Study · Transfer of Development Rights (TDR) Program 2 · Revision of the Development Fee Schedule · Chapters 10,11 and 12 Code Revisions · S.J enkins Neighborhood Planning Charrette · Guidelines for Fast Tracking Commercial/Industrial Projects · Evaluation and Appraisal Report due November 2008 · Senate Bill 360 and House Bill 7203 Requirements/Comprehensive Plan Updates CURRENT STAFFING The Department has 27 authorized staff positions. Of which, 16 are professional level positions involved in the application review process and implementing the above noted state mandates and major planning initiatives. The current staffing situation is in a critical state of transition due, in part, to impending retirements of the Director and Assistant Director and current vacancies in five (5) other key planning related positions. The other 20 positions are filled. Eight (8) staff members are new hires with one year of service or less, five (5) have one to three years of service and seven (7) have more than three years of service. The Board should note two important points. One is that three Planning Managers and one Senior Planner were just hired in the last month. The second is that the longest tenured staff members are primarily those in technical and administrative positions. Exhibit 2 attached is an organization chart depicting the current staffing status. Also attached as Exhibit 3 is an organization chart depicting the functional structure of the Department. CURRENT SITUATION The Growth Management Department came under its current leadership in January 2006. In the first 11 months of 2006, the Department received 201 applications and made slight progress in reducing the number of open applications on file. However, the applications began to spike in December of 2006 and have continued to increase. This caused a severe backlog in processing applications and the situation exacerbated due to a series of staff losses that began in March and has continued. Exhibit 4 attached is a graph of the Department's performance during the period from January 2006 through May 2007. It is clear the Department does not have the existing staff capability to process applications at the current rate of application intake. At one point, seven (7) planners were assigned plan review responsibilities with workloads of thirty (30) to thirty-five (35) projects each. This proved to be ineffective. The data shows that each planner can process approximately four applications per month, on average. Some applications are simple and can be processed quickly. Others are complex and require weeks of work to get to the point where they are ready for a decision. The average is applied only as an estimate of production capacity. Notwithstanding the rate of the application intake, the Department must also implement the state mandates and major planning initiatives directed by the Board as earlier noted. The Director and Assistant Director are handling some initiatives directly and are being assisted 3 on other initiatives by either Consultants and/or County Administration. Exhibit 5 attached is a production organization chart on management of the existing workload. ADMINISTRA77VE ACTIONS TAKEN TO MANAGE WORKLOAD The organization was reconfigured to address the ever increasing workload. The changes include development and training of a new administrative staff operation and assigning a designated planner to customer services duties. File records were reorganized to reduce the time wasted finding information and responding to public information requests. The financial accounting system was improved and financial reporting was developed to track fees received and deposited. Staff training for planners was conducted and systems were developed including a standardized form for staff reports. The Development Review Committee (DRC) process was restructured and participation was increased. To complement the organizational improvement measures, other administrative steps also have been taken. A records specialist was hired to evaluate the records system and make recommendations which staff is now contracting to implement. Higher starting salaries are being offered to attract higher quality applicants. Dedicated assistance from County Administration has been allocated to Growth Management functions. Consultant services to assist in development reviews also have been sought and the short listed firms are forthcoming to the Board. PROPOSED ACTIONS FOR BOARD CONSIDERA770N Staff feels the above referenced administrative actions have resulted in an increase in efficiency in the Department's operation. However, that efficiency has been more than offset by the significant increase in application activity and staff losses. Staff estimates it will take over one year at the present rate of review to process the 86 applications that must go through the Planning & Zoning Commission and Board of County Commis9oners. In light of the cumulative effect of the existing circumstances, the Board is being asked to consider the following actions: . Stop Gap Ordinance Staff is requesting consideration of a stop gap ordinance on new applications for a limited time period; possibly six months to one year. The basis of the stop gap ordinance would be to allow for the completion of the necessary amendments to the Land Development Code. These code amendments include, but are not necessarily limited to, the changes to Chapters 10, 11 and 12 that are currently underway by Clarion and Associates. Clarion has been working on these amendments since 2001 but adequate staff has not been dedicated to this task to bring it to finalization. Finalization of the code revisions should result in a procedure to allow staff sufficient time to properly process development applications and manage the ongoing workload more efficiently. 4 Staff is also contemplating proposing revisions to other sections of the Land Development Code. The proposed revisions are anticipated to various sections of Chapters 3, 6 and 7 of the Code due to either changes in federal or state law or regulations, changes in technology or changes in professional practices. Some of the plan amendments are already the subject of controversy and will come before the Board for its consideration as part of that process. . Interim Code Changes Interim code changes would provide a workable process that the staff can use to review the large number of applications now on file, reduce the volume and manage the timing of new applications received. The interim code changes would include a sunset provision that causes them to automatically expire on a date certain, unless they are continued in effect by the Board within a defined time period for Board action. . Enactment of a Resolution or Ordinance in Progress Notice and Restriction A resolution or ordinance in progress notice and restriction would require all approved development during the time prior to adoption of new codes to be consistent with the ordinances or to be held in abeyance to the extent of any conflicts until the ordinances are either adopted or refused by the Board. STAFF RECOMMENDA TION Staff recommends the Board discuss the workload and staffing issues existing in the Growth Management Department and provide staff direction on which of the proposed actions or other actions, if any, the Board wants to pursue to ameliorate the current situation. Staff is also recommending the Board temporarily defer certain of its priorities to allow staff to complete the state mandates. The recommended deferred priorities include the CRA Feasibility Study, TDR Program, Development Fee Schedule, Neighborhood Planning Charette and Fast Tracking Commercial/Industrial Project Guidelines. Depending on the Board's direction, staff will bring back the appropriate item for Board action and a detailed work plan to manage the current workload and Board authorized code revisions. attachments , Exhibit 1 NUMBER OF ACTIVE APPLICATIONS BY TYPE OF APPLICATION REVIEW A. Applications Reviewed at Public Hearings by the P & Z and BOCC 1. Conditional Uses: 13 2. Developments of Regional Impact: 5 3. Plan Amendments: 13 4. Planned Mixed Use Developments: 3 5. Planned Nonresidential Development: 5 6. Planned Unit Development: 41 7. DRI Notice of Proposed Change: 1 8. Rezoning: 12 SUBTOTAL: 93 B. Applications Reviewed on the Regular or Consent Agenda of the BOCC 9. Extension of Development Orders: 8 10. Major Adjustments to Conditional Uses: 5 11. Historical Site Designation: 0 12. Major Site Plans: 28 13. Major Adjustment to Major Site Plan: 6 14. Land Development Code Amendments: 0 SUBTOTAL: 47 C. Applications that are Heard by the Board of Adjustment 15. Variances and Appeals: 5 D. Applications Reviewed by Historical Commission, Approved Administratively 16. Changes to Historical Sites 3 E. Applications Administratively Approved 17. Minor Adjustments to Conditional Uses: 18. Minor Site Plans: 19. Minor Ad iustments to Site Plans: SUBTOTAL: 1 40 12 53 F. Applications in Other Jurisdictions, Intergovernmental Coordination 20. Development of Regional Impact: Fort Pierce Reviews: Port St. Lucie Reviews SUBTOTAL: SUBTOTAL: MAY 2007 Application Received: Application Closed: MAY OPEN APPLICATIONS TO BE ADDED: TOTAL. .OPEN APPLICATIONS: 1 17 data not entered 18 219 47 22 (deducted) 25 244 Note: As this report was being written, we received and closed additional applications in May. 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"tI-4-ngiloS' Š:-n°c»rJI m»m-o"tl::::: zw< "tI:;" -4-4PJg,,;::;: ~ -4 0 -4 !:: W· "tI $! ,q~ W 0: 10i: »:;: - m I'''' o"z :;:o~ ~Q-4 m» -C:::o "tI 0-- 0 zOQ ....- W m:J: ;v-. 1-4 -4(") 'Ñ-w ~ ~ z -. -m 0 W :;" rJI Exhibit ~ » W W ëñ -4 » z -4 o o C z :< » o ~ z ëñ -4 $! -4 o :;:0 z"O-4 ml:::O< -w»o ~»-n- œomi: 00»;:E ;:1JOS!!m :J:;:1Jmi: oO-m oz!::z 0....-4-4 .....-<» "tI::!W-4 10-4- »zco z OZ ~ -< Z Q ;:1J -n D Q " o ~ :J: š: » z » Q m š: mrz -4 o m "tI » ~ i: m z -i "tI ::;0 o o C o -4 Õ Z o ::;0 Q » z Ñ » -4 Õ Z o :J: » ~ AGENDA REQUEST ITEM NO. <t DATE: June 12, 2007 REGULAR [X] PUBLIC HEARING 0 CONSENT 0 TO: Board of County Commissioners SUBMITTED BY (DEPT): County Administration SUBJECT: North Fork St. Lucie River Aquatic Preserve Management Plan revision. BACKGROUND: Attached is a letterfrom Laura Herren, Manager of the Florida Department of Environmental Protection SE Florida Aquatic Preserve Field Office requesting Comm. Coward's participation on the Advisory Committee for the North Fork St. Lucie River Aquatic Preserve Management Plan revision. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board appoint Comm. Coward or designee to participate on the Advisory Committee for the North Fork St. Lucie River Aquatic Preserve Management Plan revision. 'a<APPROVED . 0 OTHER: o DENIED COMMISSION ACTION: Approved S-o Comm. Coward appointed. D ug sM. Anderson County Administrator Review and Approvals County Attorney: Management & Budget: Originating Dept: Other: Finance: (Check for Copy only, if applicable) Purchasing: Other: Effective: 5/96 . ,~~\01~ON ~' ~,...., . ¡¡¿ ~ I FLOR Florida Department of Environmental Protection Charlie Crist Governor Jeff Kottkamp Lt Governor Michael W, Sole Southeast Aquatic .preserves Office tf: «~1 ¡Jc,~ ~l r:~r"sliÞ~ - Designee 3300 LewIS Street ~.I.'.. ~í ~~.) . ~ ,",,'I he'.' "'., .' \. U.I\ Fort Pierce, FL 34981 .. ( '. '. t:J1 (772) 429-2995 K1 ~iA'i 1 ~ 2QQ~ . (772) 429-2999 FAX Commissioner Doug Coward 2300 Virginia Avenue Fort Pierce, FL 34982 "..~ l,.,.,.,. ._.__.._~.. May 16, 2007 Dear Commissioner Coward: Your participation is requested on the Advisory Committee for the North Fork St Lucie River Aquatic Preserve Management Plan revision. This core group is intended to provide a diverse set of perspectives to guide the development of an updated plan for this important conservation area. In order to fully participate in the process, we ask that you commit to attending all of the upcoming Advisory Committee and Public meetings. If you are unable to make this commitment, please recommend others that may be interested and available. The schedule will call for two to four Advisory Committee meetings and two Public Meetings over the next year. The fIrst two meeting dates have been set. 1. Our initial Advisory Committee meeting is scheduled for 7:00 pm, on June 27, at the St. Lucie County Oxbow Eco-Center, 5400 NE St. James Drive, Port St. Lucie, FL 34983. This meeting will include brief presentations on the North Fork St Lucie River Aquatic Preserve, our existing programs, and a discussion of the role and proposed schedule of the committee. Following these presentations we will begin discussing your concerns and priorities for the aquatic preserve. 2. The Public Scoping meeting will be held on July 18th at 7:00 pm at the University of Florida Indian River Research and Education Center at 2199 South Rock Road, Fort Pierce, FL 34945. This meeting is intended to provide a forum for the public to express their thoughts about the issues facing the aquatic preserve. Although subject to change, the following timeline indicates the general progression of events following the initial meetings: · The initial draft plan will be submitted to Advisory Committee members in October 2007. · An Advisory Committee Meeting will be held in November 2007 to discuss the initial draft. · The revised draft plan will be released to the public for review in December 2007. · A Formal Public Meeting will be held in January 2008 to receive comments on the draft plan. · The fmal draft will tentatively be released in June 2008. With this letter, I've included a few items to defme the scope and some of the history of the North Fork St. Lucie River Aquatic Preserve. If you are interested in participating in this process, please complete and return the enclosed application. We would greatly appreciate your time and recommendations for the preserve. Please feel ftee to contact me for additional information on the preserve or the management planning process. We look forward to working with you. Sincerely, ~k).~ Laura Herren, Manager "More Protection, Less Process" www.dep.statefl.us I",";, ," FDEP _ CAMA - SEFLAP - North Fork St. Lucie River Aquatic Preserve 0 SEFLAP Study Site II Boat Launch 0 Boat Mooring f) Potential Construction . St. Lucie River Miles ~ NID Dams -_._----,._"--- Aquatic Preserve Boundary Buffer Preserve boundary 'I Florida Managed Areas I CERP Proj ect Areas 0.5 1 2 3 _ _ I Miles This map was created on 16 January 2007 by Jamie Monty at the Florida Department of Environmental Protection Coastal and Aquatic Managed Areas Southeast Florida Aquatic Preserves Field Office located at 3300 Lewis Street Ft Pierce, FL, 34981; (772) 429-2995; http://www.dep.stateJ1.us/coastalJprograms/aquatic.htm. 2004 Aerial photographs and other data sets supplied by the Florida Department of Environmental Protection, Map scale = 1:93,130, Florida Department of Environmental Protection's Office of Coastal & Aquatic Managed Areas North Fork St. Lucie River Aquatic Preserve Advisory Committee Membership Application Name: Organization: Address: Phone: Cell: E-mail: County of Residence: Number of people represented by your organization: Fax: Your (group's) primary interest: Community Representation: Business Interests: Agency: Environmental Interest: Neighbor: Other specific issues: (please use additional paper if necessary) What days & times are best for you to attend meetings? How will you share and/or apply the information you learn from participating on this Advisory Committee with your community/group? What expertise/experience do you have to offer the group? What is your profession? What (if any) alternative perspectives can you offer the Committee and site management staff? Commitment Agreement: Florida's Office of Coastal & Aquatic Managed Areas (CAMA) is working to help guide the creation of updated management plans to best manage the resources within the State's Aquatic Preserves and National Estuarine Research Reserves. By signing this application, you are committing to help achieve that goal through active participation in committee meetings, public meetings, and through the contribution of sound input and comments throughout the management plan development process for the site you have been requested to assist. In return, (preserve/reserve) staff commits to keeping you informed of meetings, providing facilitation of group discussions, and providing summaries as needed. We appreciate your interest. Signature: Date: Updated October 3, 2006 DIRECTIONS TO OXBOW ECO-CENTER 5400 NE St. James Drive, Pt. St. Lucie, FL 34983 (772) 785-5833 For North Fork Advisory Committee Briefing Meeting June 27, 2007 7:00 pm · Take MIDWAY ROAD / CR 712 (Exit 126). Turn EAST onto Midway Road. Go approximately 4 miles (4th Light) and take RIGHT onto ST. JAMES DRIVE / SOUTH 25TH STREET. Go 1.7 miles and OXBOW will be on the left (across from the Publix Plaza). USI Bay,hoœ Blvd. , ~",l £,\,¡ð s¡, \..uC\c "Þ~ri;;IHVi;t'; Blvd, · -ci .. ¡Q ~ ~ :J. ,_ ~ ~.' "= ~ "'¿ \PM:Kt)""" Directions from 1-95 · · Directions from the TurnDike · Take the Okeechobee Road (SR 70) exit (Exit 152) in Ft. Pierce. · Turn RIGHT onto Okeechobee Road. · Turn RIGHT onto 1-95 · Go 1 exit to MIDWAY ROAD / CR 712 (Exit 126). · Turn LEFT (EAST) onto Midway Road. · Go approximately 4 miles (4th Light) and take RIGHT onto ST. JAMES DRIVE / SOUTH 25TH STREET. · Go 1.7 miles and OXBOW will be on the left (across from the Publix Plaza). Directions From US Hiahwav 1 · Take US Highway 1 (north if coming from pt. St. Lucie or south if coming from Ft. Pierce) to MIDWAY ROAD / CR 712. · Turn WEST onto Midway Road. · Go approximately 1.5 miles (2nd light) and turn LEFT (south) onto ST. JAMES DRIVE / SOUTH 25TH STREET. · Go 1.7 miles, Oxbow is on left across from the Publix Plaza. DIRECTIONS TO INDIAN RIVER RESEARCH & EDUCATION CENTER 2199 South Rock Road Fort Pierce, FL 34945-3138 (772) 468-3922 North Fork St. Lucie River Aquatic Preserve Public Scoping Meeting Wednesday, July 18,2007 7:00 pm .~ 11;> " ~. il, (.I) :1. >'~. '-- Q¡od" D' , i\¡¡1, i @2007 Google - Map data @2007 ~VTEQ 1'\1 - T arms of l)so? ~ * " ¡, .~ :I =- t,¡ ~ \'v'r:lle Rtt ;1;1. o..¡ <® ~>fUr!t Htiearcl'i Center R'd ','y't,rte'Ra ~1(lftt1n'" l 1', (J> ;u Ç1 n 11<' \. æ ~\ . " i'l.t\, .', \~ \" '~~ :'"".0 ",,- \~':L, \,~.~,~ ,....,'.\ (J i 1 'ti :~ ~ :ž Ar!11!1I'I.... A\"'e Andr;¡y,'So .ÄVI, (~ C!f1 '!ä ~ ... $ 1; ~ e ~ó ¡- _ee#' ~ v~ !:. Q!D ~ ,y- .. :t:> :g. :~ U} :'rÞ ;:c CL >\ \,fA. tJ, \,,~ 'P. "~\<1;. \\~ \ . '\ - , 'J. .~ II> ~ .. -I S, '" Ii <l' \ \:. ® çhObee P.d ~ O'f.ee r 7ft ~ , >, '. \ . 2" ;0 CO, Tedder Rd " "',_. Cloel Rd (.I) ... i i ::Ð CO, <ID: - t ~ From Florida TurnDike and 1-95 -Exit onto Okeechobee Rd. (Rte. 70) in Ft. Pierce -Head West on Okeechobee Rd. -Make a right (North) onto S. Rock Rd. directly before the Turnpike overpass -Go straight through stop sign at comer ofS. Rock Rd. and Pruitt Research Center Rd. - The Indian River Research & Ed Center is the building on the NW comer ofthat intersection From USl -Head West on Okeechobee Rd. -Make a right (North) onto S. Rock Rd. directly before the Turnpike overpass -Go straight through stop sign at comer ofS. Rock Rd. and Pruitt Research Center Rd. -The Indian River Research & Ed Center is the building on the NW comer of that intersection ITEM NO. RA-1 DATE: 6/12/07 AGENDA REQUEST REGULAR (X) PUBLIC HEARING ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel. Purchasinq Director SUBJECT: Request For Qualifications #07-052, Emergency Operations Center Construction Contractor Pre-Qualification; Disqualification of Contractor. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends Board uphold staffs determination to disqualify Jacquin & Sons, Inc, from bidding on the construction of the new Emergency Operations Center. (~ APPROVED ( ) OTHER ( ) DENIED au sM. Anderson County Administrator COMMISSION ACTION: E: Approved S-O County Attorney (X) J. Coordination/Sianatures Mgt. & Budget ( ) Other ( ) Purchasing (X) -ÆJ Other ( ) Engineering. ( ) Finance: (check for copy, only if applicable)_ PURCHASING DEPARTMENT Neil Appel, C.P.M., Director MEMORANDUM To: Board of County Commissioners From: Neil Appel, Purchasing Director Date: June 6, 2007 Re: Jacquin & Sons Protest; Request For Qualifications (RFQ) #07-052 Emergency Operations Center Construction Contractor Prequalification ............................................................................................ Backaround St. Lucie County staff is currently reviewing the final design drawings prior to issuing an Invitation To Bid to construct a new Emergency Operations Center. To facilitate the selection of a construction contractor, staff elected to issue a Request For Qualifications to perform a thorough review of interested contractors qualifications prior to issuing the Invitation to Bid. On April 8, 2007 Request For Qualifications # 07-052 was issued, (Legal Notice attached as attachment #1). This Legal Notice was posted in the following publications: 1. Ft. Pierce Tribune 2. Port St. Lucie News 3. The Palm Beach Post 4. Demand Star (bid website) 5. County website 6. Purchasing Office Hallway Display Cabinet St. Lucie County's standard practice is to have contractors check the County website and Demand Star to review current open St. Lucie County Invitations to Bid and Requests for Proposals/ Qualifications. Invitations to Bid and Requests for Proposals / Qualifications issued by St. Lucie County in the past have always include language that all inquiries be made in writing and directed to the St. Lucie County Purchasing Department. RFQ # 07-052 was scheduled to close May 3, 2007 and a mandatory pre-qualification meeting was scheduled for April 19, 2007 at the current Emergency Operations Center. On April 24, 2007, Mr. Jacquin telephoned me and asked if the mandatory pre-qualification requirement could be waived, and at that time I explained to him that this requirement could not be waived. He then contacted the Assistant County Administrator, Mr. Wazny, requesting that he look into this and determine if there was an appeal process. On or about April 25, 2007, I explained the situation to Mr. Wazny who then conveyed the information to Mr. Jacquin. Mr. Jacquin then followed this up with a written Request For Information (RFI). RFQ 07-052 Protest Page 2 Staff scheduled the mandatory pre-qualification meeting in order to discuss the requirements of the project and the requirements of the qualifications package. It is staff's belief that informed bidders can submit a more effective package to the County. This procedure services the County in several ways; (1) through question and answer interested discussed during the meeting bidders can determine if this is a feasible project for their company, (2) prevents ambiguity in the qualifications responses, (3) reduces the volumes of questions sent to Purchasing requiring written addendums during the RFQ process, and (4) can lead to a reduction in questions requiring addendums at that time during the Bid process. Ten (10) contracting firms attended the meeting. Six firms submitted qualification packages, and each of the six firms were evaluated and accepted by staff. During the Period April 29 through May 5, 2007 I went out of town to attend the annual FAPPO Conference. I replied to Mr. Jacquin's RFI on May 10, 2007 (attachment #2) explaining St. Lucie County's position. Mr. Jacquin then responded in a letter dated May 21,2007, (attachment #3), claiming the following: 1. RFI number #1 dated 4/24/07 was faxed to Purchasing and never responded to in writing. 2. Prequalification of contractors to submit a lump sum bid is not a fair practice by State of Florida Standards. 3. County staff told him that he would not have to worry about this project until September 2007. My letter dated May 29,2007 (attachment #4) addresses the above listed issues. Item #1 was addressed in my letter of May 10, 2007. I also explained that pre-qualification of contractors (and this is not a lump sum bid) is a practice followed by the State of Florida, Florida Department of Transportation, and numerous Cities, Counties, and Special Districts. St. Lucie County followed this procedure during the RFQ and Biding process for the new Clerk of Courts building. In addition, The State of Florida Department of Management Services Facilities Management /Building Construction Division requested a copy of St. Lucie County's RFQ format to compare with their own format as this is their regular practice. As for the issue of County staff telling him that he did not have to worry about the bid until September, a RFQ process and a Bid process are two entirely different procedures. As the project may not be ready for construction bidding until September, the process leading up to that point is a lengthy one. Recommendation The County Attorney, County Administrator, Assistant County Administrator, Fire Chief, Director of Public Safety and the Purchasing Director are in agreement that the disqualification of Jacquin & Sons is the proper course of action. We believe that any other decision may expose the County to liability from the proposers who followed the process and delay the advancement of the project. Staff recommends Board uphold staff's determination to disqualify Jacquin & Sons, Inc, from bidding on the construction of the new Emergency Operations Center. Attachments ATTACHMENT 1 LEGAL NOTICE REQUEST FOR CONTRACTOR QUALIFICATIONS (RFQ) Sealed Qualification packages from qualified firms or individuals showing their qualifications to perform construction services to build the St. Lucie County Emergency Operations Center as listed in Request For Qualifications # 07-052 will be received at the Purchasing Department, St. Lucie County Board of County Commissioners, 2300 Virginia Avenue, Ft. Pierce, Florida 34982, until 3:00 p.m. Local Time. on Thursday, May 3,2007, at which time this RFQ will be publicly declared closed. ' Qualification packages may be obtained via the Internet by using the County's website at http://www.co.st-Iucie.fl.us. 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 #07-052 or contact the Office of the Purchasing Director at 2300 Virginia Avenue, Fort Pierce, Florida, 34982, (772) 462-1700. A mandatory pre-proposal conference will be held at the St. Lucie County Emergency Operations Center, located at 101 North Rock Road, Ft. Pierce, Florida, 34947, at 9:00AM, Thursday, April 19, 2007. Failure to attend a mandatory pre-proposal conference as required by the qualification documents shall result in the automatic rejection of your submittal as non- conforminq and non-responsive. ----.. Contractors shall submit ONE (1) MARKED ORIGINAL AND FOURTEEN (14) PHOTOCOPIES OF THE COMPLETED RFQ PACKAGE in a sealed envelope. The RFQ Name, RFQ Number, and time and date of the RFQ closing shall be clearly marked on the outside of the sealed envelope. Facsimile responses shall not be accepted. Proposers may not withdraw their proposals for a period of ninety (90) calendar days after the day set for the opening of proposals. St. Lucie County reserves the right to waive informalities, to reject any and all RFQ submittals, and to accept any RFQ submittals or any combination of RFQ submittals, which in its sole judgment will best serve the public interest. CAUTION: It is the bidder's/proposer's 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. St. Lucie County is an Equal Opportunity/Affirmative Action Employer. Advertisement Dates: 4/8/07 St. Lucie County Board of County Commissioners ATTACHMENT 2 BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT NEIL APPEL, C.P.M. Purchasing Director Via U.S. Mail and Facsimile (772-466-2806) May 10, 2007 Mr. Michael Jacquin, Vice President Jacquin & Sons, Inc. 7348 Commercial Circle Fort Pierce, FL 34951 Subject: Mandatory Pre-Proposal Meeting RFQ #07-052 Emergency Operations Center Construction Contractor Pre-Qualification Dear Mr. Jacquin: Please accept this letter as a confirmation to our earlier conversation regarding your firms' status concerning RFQ #07-052. Although I appreciate your position, unfortunately, your submission has been rejected as non-responsive due to not attending the mandatory pre- proposal meeting. This item was advertised in the Port St. Lucie News, the Fort Pierce Tribune, the Palm Beach Post, and Demand Star, thereby fulfilling St. Lucie County's notification requirement. Since ten (10) other contractors saw the advertisements and attended the mandatory pre-proposal meeting, I cannot make any exceptions. St. Lucie County looks forward to your firm participating in future projects. Please contact me if you need additional information at (772) 462-1700. Sincerely, '7V4~ Neil Appel, C.P.M. Purchasing Director cc: Assistant County Administrator JOSEPH E, SMITH, District No, 1 . DOUG COWAf\D. District No, 2 . PAULA A, LEWIS, District No, J . CHAf\LES Gf\ANDE, District No, 4 . CHf\IS Cf\AFT. District No, 5 County Administrator - Douglas 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 r-~--~:~;:~:N ~s S o::~æ£ TO: 94621704 P.1 Paul General Contractor Construction Manager Deslgn-.Bullder Inc. œ~®w~@~ ~@œ ~~~@.~~@~ ~@D 01 2300 Virginia Ave DATI! JOB NAME 4-24-07 St Lucie County EOC A1"I'EN'rrON Neil Appel (Fax 462-1704) TO St Lucie County Purchasing Department Fort Pierce. FL. 34982 Dear Mr Appel, This request is based on information I recently received from a county employee which stated to me the St Lucie County Emergency Operations Center was not going to be ready for bid until September 2007. This information lead me believe no action was needed from my fIrm at this time. Today I received information of a mandatory pre proposal conference (April J 9,2007) that I was unaware of until this time. For this reason I respectively request this requirement of attendance at the mandatory pre proposal conference be removed as a requirement for this submission. Please advice. Thank you. Michael Jacquin Vice President COpy TO File SIGNED P.O. Box 4343 . Ft. Pierce, FL 34948-4343 7348 Commercial Circle' Ft. Pierce, FL 34951 . Phone (772) 465-2475 . Fax (772) 466-2806 St. Lucie County Purchasing Department 2300 Virginia Avenue Fort Pierce, FL 34982 Tel: 772-462-1700 Fax: 772-462-1704 FAX COVER SHEET TO: Michael Jacquin FAX#: 772-466-2806 FROM: Neil Appel DATE: May 10, 2007 RE: 07-052 Emergency Operations Center # PAGES: (including cover page) 2 --------._------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ H:\KnottA\Forms\Fax Cover Sheetdoc P. * * * Communication Resu1t Report (May. 10. 2007 3:26PM) * :I: * 1) ST, LUCIE COUNTY PURCHASING 2) Date/Time: May. 10, 2007 3:25PM F ¡ ] e No. Mode Destination P g (s) Result Page Not Sent ---------------------------------------------------------------------------------------------------- 1426 Memory TX 817724662806 P. 2 OK ---------------------------------------------------------------------------------------------------- Reason for error E,1) Hang up or 1 ine fai 1 E.3) No answer E,5) Exceeded max, E-mail size E.2) Busy L4) No facsimile connection St. Lucl. County Pureheslng D....rtment 2300 Virginia Avenue Fort PI.rce, FL 34882 Tel: 772-482·1700 Fax: 772-462·1704 FAX COVER SHEET TO: Michael Jacquin FAX#: FROM: 772-466-2806 DATE: Neil Appel May 10, 2007 RE: 07-052 Emergency Operations Center # PAGES: (including cover page) 2 H:'lKnøM1F.....vr. ecw.rlhNt.doo ATTACHMENT 3 Established 1940 j~c(\uin &801]8 Inc. Commercial Industrial Residential Paul May 21,2007 Mr. Neil Appel Purchasing Director 2300 Virginia Avenue Ft. Pierce, FL 34982 Re: Protest of RFQ #07-052 Emergency Operations Center Construction Dear Mr. Appel: Please accept this letter as our formal protest to your rejection of our firm's status regarding RFQ #07-052. Based on your letter to us dated May 10, 2007, stating our submittal is non-responsive due to non-attendance at the mandatory pre- proposal meeting. Our protest is outlined below but not limited to the following items. 1. We sent an official Request for Information #1 dated April 24, 2007 to the St. Lucie County Purchasing Department. We faxed this document and followed up with a phone call to confirm that your department received it. Based on this, a non-written response to this official request shows non-compliance. 2. The prequalification of contractors to submit a lump sum bid is not a fair practice by State standards. 3. As previously mentioned in our Request for Information, County Staff instructed me personally that this project would not be out for bid until sometime in September, 2007 and therefore not to worry about it until that time. Again, thank you for your time and consideration, but we respectfully request that we have a written response to this protest. Thank~o 1i1<... -, Micha E. ~qUin Vice-President CC: Dan Mcintyre, County Attorney Doug Anderson, County Administrator P.O. BOX 4343 · Fort Pierce, Florida 34948-4343 · Phone (772) 465-2475 · Fax (772) 466-2806 CGC 0022708 CGC 056649 CGC 060473 CGC 1507936 CCC 056636 ATTACHMENT 4 BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT NEIL APPEL, C.P.M. Purchasing Director Via U.S. Mail and Facsimile (772-466-2806) May 29, 2007 Mr. Michael Jacquin, Vice President Jacquin & Sons, Inc, 7348 Commercial Circle Fort Pierce, FL 34951 Subject: Mandatory Pre-Proposal Meeting RFQ #07-052 Emergency Operations Center Construction Contractor Pre-Qualification Dear Mr. Jacquin: Please be advised that County staff has reviewed the issues raised in the Jacquin & Sons letter of May 21,2007. Following is the County's response to those issues. The RFI dated April 24, 2007 was subsequent to discussions held by yourself and Mr. Wazny after I verbally informed you that Jacquin & Sons was no longer eligible to bid on the project. The following week I was out of town, but upon my return I replied to you with the letter dated May 10, 2007. The pre-qualification of contractors is a practice followed by the State of Florida, Florida Department of Transportation, and many other cities and counties. The issue of whether this is a "lump sum" bid, which it is not, has no significance as to the validity of the pre-qualification process. J do not know who on County staff would have told you not to worry about the bid until September 2007. However, in your prior dealings with St. Lucie County the bid documents have always stipulated that only written representations from the Purchasing Department were to be assumed to be valid. In this instance, Jacquin & Sons chose not to contact the Purchasing Department. Please note that this item was advertised in the Port St. Lucie News, the Fort Pierce Tribune, the Palm Beach Post, Demand Star, and the County website thereby fulfilling St. Lucie County's notification requirement. Since ten (10) other contractors saw the advertisements and attended the mandatory pre- proposal meeting, I cannot make any exceptions. For your information I am attaching a copy of the County's Protest Procedure. St. Lucie County looks forward to your firm participating in future projects. Please contact me if you need additional information at (772) 462-1700. Yours truly, ~~ Purchasing Director cc: Assistant County Administrator County Attorney JOSEPH L SMITH. District No, 1 . DOUG COWARD. District No, 2 . PAULA A LEWIS, District No,:3 . CHARLES GRANDE, 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 FAX (772) 462-1704 · TDD (772) 462-1428 web site: www.co.st-Iucie.fl.us 7.7 RESOLUTION OF SOLICITATION AND PROPOSED AWARD PROTESTS a. RIGHT TO PROTEST: Any actual or prospective bidder or offeror who believes he is aggrieved in connection with the solicitation or proposed award of a contract may protest to the Purchasing Director. The protest shall be submitted in writing within twenty-four (24) hours after such aggrieved person knows or should have known the facts giving rise to the alleged grievance. b. RESOLUTION OF PROTESTS: 1. The Purchasing Director shall consult with the County Attorney concerning any protest involving the solicitation or prospective award of a contract bid. Following consultation with the County Attorney, the Purchasing Director sha II attempt to resolve the protest. 2. If the protest is not resolved by mutual agreement between the protesting vendor and the Purchasing Director, the Purchasing Director shall consult with the County Administrator and the County Attorney and issue a final written decision on the protest. Copies of the written decision wiff be mailed to the protesting vendor and any other vendor requesting a copy. Copies shall also be distributed to the County Administrator and the Department Head. The written decision shall: (a) State the reasons for the decision. (b) Inform the protesting vendor of his right to administrative review. c. DISTRIBUTION: A copy of this decision shall be mailed or otherwise furnished immediately to the protesting bidder and any other party intervening. d. STAY OF PROCUREMENT DURING PROTESTS: In the event of a timely protest, the County shall not proceed further with the solicitation or award of the contract pending resolution of the protest by the Purchasing Director, issuance of a written decision by the Purchasing Director as provided above, or determination by the Board of County Commissioners that award of the contract must be made without further delay in order to protect the su bstantial interests of the County. G:\LETTERS\Protest\Protest Procedures\7.7 Resolution of Solicitation and Proposed AWBld Protests.doc 06/01/07 FZABWARR FUND 001 001177 001182 001404 001414 001415 001418 001423 001424 001814 101 101001 101002 101003 101004 101006 101218 102 102001 105 107 107001 107002 107005 ~ "006 '!04 109 130 140 140001 150 160 183 183001 183004 183006 184205 184209 185007 185008 310001 315 316 316001 317 39007 401 418 ST. LUCIE COUNTY - BOARD WARRANT LIST #35- 26-MAY-2007 TO 01-JUN-2007 FUND SUMMARY TITLE General Fund Section 112/MPO/FHWA/Planning 2006 CSBG Grant FY07 05 CDBG Sup Disaster Recovery Fixed Route Grant FY 07 TDC Planning Grant FY 07 FDCA EMPA FY07 DCA-Construction Mitigation Dept of Financial Services My Safe Floridian Aquifier Well Monitoring Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees FDOT Midway Road PD & E Study Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund-Legal Aid F&F Fund-Court Related Technology FL Dept Juvenile Justice-DMC Civil Drug Abuse Fund SLC Public Transit MSTU Port & Airport Fund Port Fund Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP Fort Pierce Shore Protection P FDEP - Fort Pierce Shore Protection FHFA SHIP FY06/07 FHFA Hurricane Housing Recovery Impact Fees-Library County Building Fund County Capital Transportation Capital County Capital-St Revenue Share Bnd Indian River Estates MSBU Sanitary Landfill Fund Golf Course Fund EXPENSES 2,408,935.72 10,543.84 1,732.84 237.25 10,000.00 321.42 409.92 2,698.60 2,097.33 1,278.26 14,771. 04 364.35 50,046.52 40,266.61 18,333.20 9,638.13 28,347.47 32,075.58 88,463.15 116.95 3,468,620.15 1,360.15 4,793.71 8,132.36 27,499.10 263.73 35.00 1,711. 94 9,294.15 149,659.40 600.60 1,095.37 1,368.86 150.32 894.02 627.56 3,728.34 476.70 128.39 965.06 23,211. 77 22,463.83 148,475.00 11,500.00 10,440.00 5,336.00 39,043.95 18,943.40 PAGE PAYROLL 685,466.34 7,083.66 1,756.39 1,051. 52 0.00 0.00 0.00 1,695.20 2,370.74 1,391.91 47,250.64 0.00 45,966.68 33,719.41 20,830.41 0.00 0.00 85,469.35 6,441.65 0.00 135,434.74 1,049.60 2,371.44 0.00 8,674.03 1,507.10 0.00 2,051.50 13,526.81 0.00 2,163.20 3,815.27 0.00 0.00 4,051.91 0.00 0.00 0.00 210.32 1,051. 68 0.00 0.00 0.00 0.00 0.00 0.00 67,892.54 23,392.62 1 06/01/CF PAGE ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #35- 26-MAY-2007 TO 01-JUN-2007 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 451 S. Hutchinson Utilities Fund 1,713.55 2,245.69 458 SH Util-Renewal & Replacement Fund 57.05 688.72 461 Sports Complex Fund 6,672 . 84 20,990.11 471 No County Utility District-Operatin 5,976.78 8,323.50 478 No Cty util Dist-Renewal & Replace 405.51 1,426.33 479 No Cty Util Dist-Capital Facilities 188,715.45 1,213.99 491 Building Code Fund 18,058.51 61,165.62 505 Health Insurance Fund 1,934.68 5,920.80 611 Tourist Development Trust-Adv Fund 1,197.04- 0.00 625 Law Library 891.16 0.00 685 Sunland Gardens MSBU 13,539.81 0.00 686 Greenacres MSBU 6,294.78 0.00 801 Bank Fund 257,711. 48 0.00 GRAND TOTAL: 7,182,271.60 1,309,661. 42 2 AGENDA REQUEST ITEM NO. C2A DATE: June 12, 2007 REGU LAR [ ] PUBLIC HEARING [ ] CONSENT [ x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Extension of Declaration of State of Local Emergency - Indian River Drive BACKGROUND: See CA No. 07-0807 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board approve the Declaration and authorize the Public Safety Director to sign the Declaration. COMMISSION ACTION: Dou as . Anderson County Administrator [ ] APPROVED [ ] DENIED [XI OTHER: Pulled prior to the meeting. [X] County Attorney: ~/ Review and Approvals [ ]Management & Budget: [ ]Purchasing: [ ] Road & Bridge.: [ ) Parks & Recreation Director [ ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 INTER-OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 07-0807 DATE: June 12, 2007 SUBJECT: Extension of Declaration of State of Local Emergency - Indian River Drive BACKGROUND: Based on the recommendation of the County Engineer and the advice of local law enforcement officials, there is a clear and present threat to life and public health and safety as well as a threat of significant damage to improved public and private property as a result of the failure of several property owners to repair their embankments causing severe erosion to the embankment and undermining Indian River Drive in several locations. Resolution No. 00-277 authorizes the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. On November 21, 2006, the Board approved a Declaration of Emergency on Indian River Drive. Since November 21, 2006, the Board has approved extensions of the State of Emergency. It is necessary to extend that state of emergency again. Attached is an extension of the Declaration of Local Emergency for Indian River Drive. RECOMMENDATION/CONCLUSION: Staff recommends the that Board approve the Declaration and authorize the Public Safety Director to sign the Declaration. Respectfully submitted, ,q0~/v1fl/LÎ) ~ ~ Heather Sperrazza Lueke . Assistant County Attorney HLI AN ORDER OF THE PUBLIC SAFETY DIRECTOR OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY ( Indian River Drive) WHEREAS, the St. Lucie County Public Safety Director has made the following determinations: 1. The Board of County Commissioners of St. Lucie County has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The Public Safety Director declared a state of emergency on November 21, 2006, at 9:00 am on Indian River Drive. 3. Based on the recommendation of the County Engineer and the advice of local law enforcement officials, there is a clear and present threat to life and public health and safety as well as a threat of significant damage to improved public and private property as a result of the failure of the several property owners to repair their embankments, causing severe erosion to the embankment and undermining Indian River Drive in several locations. 4. The presence of this severe erosion and undermining of Indian River Drive has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 5. In order to respond to such emergency, upon this declaration, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 6. Such declaration is extended for seven (7) days until June 19, 2007 at 9:00 a.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 7. This Extension of the Declaration of Emergency shall become effective June 12, 2007 at 9:00 a.m. Jack T. Southard Public Safety Director ITEM NO. C3-A DATE: 6/12/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel. Purchasinq Director SUBJECT: Request Board approval of the following short listed firms and permission to conduct oral presentations to rank the short listed firms for fee and contract negotiations from Request For Qualifications #07-047, Geotechnical Engineering Services Continuing Contracts. Firm List Dunkelberger Engineering & Testing, Inc Nutting Engineers of Florida, Inc. Ardaman & Associates, Inc. Tierra, Inc. Nodarse & Associates, Inc Andersen Andre Consulting Engineers, Inc. Professional Service Industries, Inc. MACTEC Engineering and Consulting, Inc. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: Funds will be available on a per project basis PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests Board approval of the above listed short listed firms and permission to conduct oral presentations to rank the short listed firms for fee and contract negotiations from Request For Qualifications #07-047, Geotechnical Engineering Services Continuing Contracts. COMMISSION ACTION: '()4 APPROVED () DENIED ( ) OTHER Approved S-O County Attorney (X) Engineering (X) filVp JJ/ Coordination/Sianatures /-----\ Mgt. & Budget (X) ~1 Purchasing (xi;;&) Other ( ) Finance: (check for copy, only if applicable)_ '. PURCHASING DEPARTMENT ....,..~.,.*< .- "~:'r':;f "::';~;';'.!;¡i~-~r:::';;¡';''!.~'\~ MEMORANDUM . --- _.,-,..', ._",,"..,..._-_..,-~...~ , --.------.....-..-.---........ .--.-.. .-...-. - ---- TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: May 21,2007 ,_,_R .'_ . _.__ RE: Request Board approval of the below listed short listed firms and permission to conduct oral presentations to rank the short listed firms for fee and contract negotiations from Request For Qualifications #07-047, Geotechnical Engineering Services Continuing Contracts. Backaround: County staff solicited qualifications packages from firms to provide Geotechnical Engineering Services on an "as needed" basis using continuing contracts for specific projects and small projects as defined under the Consultants Competitive Negotiated Act (CCNA). 1297 firms were notified, 50 sets of Request for Qualifications documents were distributed, and 13 firms submitted (please see attached). Since Florida law requires the County to make a determination of a Consultant's qualifications prior to their employment, the Qualifications Package was used to create a "shortlist" of the most qualified firms that submitted per discipline. Firms were evaluated based upon criteria established by State of Florida Statutes and County criteria. After the initial evaluation of the written packages, a "short-list" of firms was created. Short listed firms will then be invited back for oral presentations to County staff regarding their understanding of the program requirements and their approach and methods. The firms were ranked in the following order: Rankina 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Firm Dunkelberger Engineering & Testing, Inc Ardaman & Associates, Inc. Nodarse & Associates, I nc Professional Service Industries, Inc. Nutting Engineers of Florida, Inc. Tierra, Inc. Andersen Andre Consulting Engineers, Inc. MACTEC Engineering and Consulting, Inc. Universal Engineering Sciences, Inc. A.M. Engineering and Testing, Inc. LM Engineering Inc. d/b/a GFA International RADISE, International Quest Engineering Services & Testing, Inc.(non-responsive) Recommendation: Location Port St. Lucie, FL Port St. Lucie, FL West Palm Beach, FL Port St. Lucie, FL Port St. Lucie, FL West Palm Beach, FL Port St. Lucie, FL West Palm Beach, FL Fort Pierce, FL Port St. Lucie, FL Stuart, FL Riviera Beach, FL Pompano Beach, FL Staff requests Board approval of the above listed short listed firms and permission to conduct oral presentations to rank the short listed firms for fee and contract negotiations from Request For Qualifications #07-047, Geotechnical Engineering Services Continuing Contracts. BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT NEIL APPEL, C.P.M. PURCHASING DIRECTOR TABULATION SHEET - RFQ #07-047 ENGINEERING SERVICES GEOTECHNICAL ENGINEERING AND CONSTRUCTION MATERIALS TESTING SERVICES OPENED: APRIL 13, 2007 2:00 PM Thirteen (13) submittals were received for subject proposal: A.M. Enaineerina and Testina. Inc. Contact: Anthony Macaluso Phone: 772-924-3575 Address: 590 NW Mercantile Place, Port S1. Lucie, FL, 34986 Andersen Andre Consultina Enaineers. Inc. Contact: David Andre Phone: 772-807 -9191 Address: 573 SW Biltmore Street, Port S1. Lucie, FL, 34983 Fax: 772-924-3580 Fax: 772-807 -9192 Ardaman & Associates. Inc. Contact: Mark Mongeau Phone: 772-878-0072 Fax: 772-878-0097 Address: 460 Concourse Place NW, Unit 1, Port S1. Lucie, FL, 34986 Dunkelberaer Enaineerina & Testina. Inc. Contact: Craig Dunkelberger Phone: 772-343-9787 Address: 607 NW Commodity Cove, Port S1. Lucie, FL, 37986 LM Enaineerina Inc. d/b/a GFA International Contact: Frederick Kaub Phone: 772-489-9989 Address: 7882 SW Ellipse Way, Stuart, FL, 34997 Fax: 772-343-9404 Fax: 772-489-2929 MACTEC Enaineerina and Consultina. Inc. Contact: Richard Minichiello Phone: 561-242-7713 Fax: 561-242-5591 Address: 2500 Metrocentre Drive, Ste 8, West Palm Beach, FL, 33407 Nodarse & Associates. Inc. Contact: Leila Jammal Nodarse Phone: 561-616-0870 Address: 2448 Metrocenter Blvd, West Palm Beach, FL, 33407 Nuttina Enaineers of Florida, Inc. Contact: Elizabeth Butler Phone: 772-408-1050 Address: 615 SW Biltmore Street, Port S1. Lucie, FL, 34983 Fax: 561-616-0871 Fax: 772-408-1049 TABULATION SHEET - RFQ #07-047 ENGINEERING SERVICES GEOTECHNICAL ENGINEERING AND CONSTRUCTION MATERIALS TESTING SERVICES Professional Service Industries. Inc. Contact: Shelley Gisclar Phone: 772-446-7803 Address: 2689 SW Domina Road, Port St. Lucie, FL, 34953 Fax: 772-446-7831 Quest Enaineerina Services & Testina. Inc. ** Contact: R.N. Sailappan Phone: 954-582-9800 Address: 2737 NW 19th Street, Pompano Beach, FL, 33069 Fax: 954-582-9836 RADISE International Contact: Kumar Allady Phone: 561-841-0103 Fax: 561-841-0104 Address: 4152 West Blue Heron BLvd, Ste 116, Riviera Beach, FL, 33404 Tierra. Inc. Contact: Address: Raj Krishanasamy Phone: 561-687-8536 Fax: 2765 Vista Parkway, Ste 10, West Palm Beach, FL, 33411 561-687-8570 Universal Enaineerina Sciences. Inc. Contact: Allen Wasson Phone: 772-461-9815 Address: 803 South Kings Highway, Fort Pierce, FL, 34945 Fax: 772-461-9816 NUMBER OF COMPANIES NOTIFIED*: 1297 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 50 NUMBER OF BIDS RECEIVED: 13 * - Per demandstar.com ** - Non-Responsive ITEM NO. C3-B DATE: 6/12/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: SUBMITTED BY: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: PURCHASING DEPARTMENT Neil Appel. Purchasinq Director SUBJECT: Request Board approval of the following short listed firms and permission to conduct oral presentations to rank the short listed firms for fee and contract negotiations from Request For Qualifications #07-044, Stormwater Management Design and Permitting Services Continuing Contracts. Firm List Inwood Miller Legg Greenhorne & O'Mara Creech Jones Edmunds COM Boyer-Singleton Keith & Schnars Eng & Environmental Craven Thompson BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: Funds will be available on a per project basis PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests Board approval of the above listed short listed firms and permission to conduct oral presentations to rank the short listed firms for fee and contract negotiations from Request For Qualifications #07-044, Stormwater Management Design and Permitting Services Continuing Contracts. (~ APPROVED ( ) OTHER Approved s-o ( ) DENIED gl M. Anderson ounty Administrator COMMISSION ACTION: A,. County Attorney (X) Engineering (X) IHV/' q _ coo~~nôt~,:/:0~uresn VL Mgt. & Budget (X) J\l.~ ,\ \ \\ \ IV \ Purchasing (X) ~ I ~_ Other () Finance: (check for copy, only if applicable)_ PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: DATE: RE: Neil Appel, C.P.M., Purchasing Director May 21, 2007 Request Board approval of the below listed short listed firms and permission to conduct oral presentations to rank the short listed firms for fee and contract negotiations from Request For Qualifications #07-044, Stormwater Management Design and Permitting Services Continuing Contracts. Background: County staff solicited qualifications packages from firms to provide Geotechnical Engineering Services on an "as needed" basis using continuing contracts for specific projects and small projects as defined under the Consultants Competitive, Negotiated Act (CCNA). 1896 firms were notified, 104 sets of Request for Qualifications documents were distributed, and 25 firms submitted (please see attached). Since Florida law requires the County to make a determination of a Consultant's qualifications prior to their employment, the Qualifications Package was used to create a "shortlist" of the most qualified firms that submitted per discipline. Firms were evaluated based upon criteria established by State of Florida Statutes and County criteria. After the initial evaluation of the written packages, a "short-list" of firms was created. Short listed firms will then be invited back for oral presentations to County staff regarding their understanding of the program requirements and their approach and methods. The firms were ranked in the following order: Ranking 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Firm Location Oviedo, FL Port St. Lucie, FL West Palm Beach, FL Jensen Beach, FL Titusville, FL Vero Beach, FL West Palm Beach, FL Port St. Lucie, FL Fort Pierce, FL West Palm Beach, FL Inwood Miller Legg Greenhorne & Q'Mara Creech Jones Edmunds CDM Boyer-Singleton Keith & Schnars Engineering & Environmental Craven Thompson Recommendation: Staff requests Board approval of the above listed short listed firms and permission to conduct oral presentations to rank the short listed firms for fee and contract negotiations from Request For Qualifications #07-044, Stormwater Management Design and Permitting Services Continuing Contracts. BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT NEIL APPEL, C.P.M. PURCHASING DIRECTOR TABULATION SHEET - RFQ #07-044 ENGINEERING SERVICES STORMWA TER MANAGEMENT DESIGN & PERMITTING SERVICES CONTINUING CONTRACT OPENED: FRI 04/20/07 2:00 PM Twenty-five (25) submittals were received for subject proposal: BCI Enginers & Scientists. Inc. Contact: Walter Reigner Phone: 561-741-8838 Address: 1232 W. Indiantown Road, Ste 107, Jupiter, FL, 33458 Fax: 561-741-8953 Bowver-Singleton & Associates. Inc. Contact: Cynthia Thomas Phone: 561-683-7101 Fax: 561-683-7102 Address: 901 Northpoint Parkway, Ste 204, West Palm Beach, FL, 33407 Camp Dresser and McKee. Inc. Contact: Eric J. Grotke Phone: 772-231-4301 Address: 1701 Highway A-1-A, Ste 301, Vero Beach, FL, 0 Captec Engineering Contact: Joseph W. Capra Phone: 772-692-4344 Address: 301 NW Flagler Avenue, Stuart, FL, 34994 Fax: Fax: 772-692-4341 Corzo Castella Carballo Thompson Salman. PA Contact: Terrance N. Glunt Phone: 561-487-3379 Fax: 561-487-3466 Address: 21301 Powerline Road, Ste 311, Boca Raton, FL, 33433 Craven Thompson & Associates. Inc. Contact: Robert D. Cole, III Phone: 561-688-5010 Fax: 561-688-1037 Address: 2047 Vista Parkway, Suite 200, West Palm Beach, FL, 33411 Creech Engineers. Inc. Contact: Richard T. Creech Phone: 772-283-1413 Fax: 772-220-7881 Address: 2000 NE Jensen Beach Blvd, Jensen Beach, FL, 34957 Culpepper & Terpening. Inc. Contact: Sherry Terpening Phone: 772-464-3537 Fax: 772-464-9497 Address: 2980 South 25th Street, Fort Pierce, FL, 34981 Dredging & Marine Consultants. LLC Contact: Shailesh Patel Phone: 386-304-6505 Fax: 386-304-6506 Address: 5889 S. Williamson BLvd, Ste 1407, Port Orange, FL, 32128 Enaineerina & Environmental Desian. Inc. Contact: Constance A. Ownes Phone: 407-650-0006 Address: 940 North Ferncreek Avenue, Orlando, FL, 32803 Enaineerina Desian & Construction. Inc. Contact: Roderick Kennedy Phone: 772-462-2455 Address: 1394 Tucker Court, Fort Pierce, FL, 34950 Fax: 407-648-8338 Fax: 772-462-2454 Greenhorne & O'Mara. Inc. Contact: A. Lee Watts Phone: 561-686-7707 Fax: 561-686-0299 Address: 3223 Commerce Place, Suite 100, West Palm Beach, FL, 33407 Halcrow. Inc. Contact: Todd Stockberger Phone: 813-876-6800 Address: 4010 Boy Scout Blvd, Ste 580, Tampa, FL, 33607 Hazen and Sawyer. PC Contact: Robert Taylor Phone: 772-489-0066 Address: 1905 South 25th Street, # 103, Fort Pierce, FL, 34947 Fax: 813-876-6700 Fax: 772-489-0299 Hiaains Enaineerina. Inc. Contact: Robert Higgins Phone: 561-439-7807 Fax: 561-439-0026 Address: 4623 Forest Hill Blvd, Ste 113, West Palm Beach, FL, 33415 Inwood Consultina Enaineers. Inc. Contact: David Coleman Phone: 407-971-8850 Address: 870 Clark Street, Oviedo, FL, 32765 Fax: 407-971-8955 Jones Edmunds & Associates. Inc. Contact: Stanley F. Ferreira, Jr. Phone: 321-269-2950 Fax: 321-269-2951 Address: 3910 S. Washington Avenue, Ste 210, Titusville, FL, 32780 Keith and Schnars. P.A. Contact: Mark Moshier Phone: 772-287-2626 Address: 1680 Lyngate Drive, Ste 202, Port St. Lucie, FL, 0 Kellard-Holt. PA** Contact: Nathaniel J. Holt Phone: 772-461-4343 Address: 371 NW Sheffield Circle, Port St. Lucie, FL, 34983 Fax: 772-286-7999 Fax: 914-273-2329 KimleY-Horn Contact: Jerry Ingram Phone: 772-345-3800 Fax: 772-286-0138 Address: 10521 SW Village Center Drive, Ste. 103, Port St. Lucie, FL, 34987 LBFH. Inc. Contact: Address: Thomas C. Vokoun Phone: 772-461-2450 2222 Colonial Blvd, Ste 201, Fort Pierce, FL, 34950 Miller Leaa Contact: Address: Dennis Thomas Phone: 772-344-3431 749 SE Port St. Lucie Blvd, Port St. Lucie, FL, 34984 Fax: 772-461-1225 Fax: 772-344-5011 Reynolds Smith & Hills. Inc. Contact: Richard K. Robertson Phone: 954-474-3005 Fax: 954-474-3006 Address: 3125 W. Commercial Blvd, Ste 130, Fort Lauderdale, FL, 33309 Rudd Jones. PE & Associates. PA Contact: Fred Jones, Jr. Phone: 772-461-6997 Fax: 772-461-0442 Address: 1905 S. 25th Stret, Ste 200, Fort Pierce, FL, 34947 The Corradino Group Contact: Stephen B. Sullivan Phone: 561-659-2133 Fax: 561-805-7547 Address: 321 South Dixie Highway, West Palm Beach, FL, 33401 NUMBER OF COMPANIES NOTIFIED*: 1896 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 104 NUMBER OF BIDS RECEIVED: 25 * - Per demandstar.com ** - Non-Responsive t ITEM NO. C-3C DATE: 6/12/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel. Purchasinq Director SUBJECT: Permission to negotiate fees with firms from Request For Qualifications #07-042, Construction Management Services Continuing Contracts, and if negotiations are successful, to award contracts to the following firms: Firm List Inwood Consulting, Inc. Arcadis Stanley Consultants, Inc. LBFH, Inc. TBE Group, Inc. Keith & Schnars BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: Funds will be available on an a per project basis PREVIOUS ACTION: The Board of County Commissioners approved the shortlist for oral presentations on 5/8/07, Agenda item #C5-A. RECOMMENDATION: Staff requests Board approval to negotiate fees with the successful firms selected after performing oral presentations for Request For Qualifications #07-042, Construction Management Services Continuing Contracts; and if negotiations are successful, to award contracts to the successful firms listed above and authorize the Chairman to sign the contracts as prepared by the County '()4 APPROVED ( ) OTHER ( ) DENIED COMMISSION ACTION: ApProved 5-0 Do la . Anderson County Administrator L Coordination/Sionatures County Attorney (X) /J:> Mgt. & Budget (X) /Y1\~ Purchasing (X) ~ Engineering (X) .¡~ Other ( ) Finance: (check for copy, only if applicable)_ f PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: May 25,2007 RE: Permission to negotiate fees with firms from Request For Qualifications #07-042, Construction Management Services Continuing Contracts, and if negotiations are successful, to award contracts to the firms listed below. Backaround: County staff solicited qualifications packages from firms to provide Construction Management Services on a continuing contract basis for specific projects and small projects as defined under the Consultants Competitive Negotiated Act (CCNA). 1701 firms were notified, 79 sets of Request for Qualifications documents were distributed, and 13 firms submitted (please see attached). Since Florida law requires the County to make a determination of a Consultant's qualifications prior to their employment, the Qualifications Package was used to create a "shortlist" of the most qualified firms that submitted per discipline. Firms were evaluated based upon criteria established by State of Florida Statutes and County criteria. After the initial evaluation of the written packages, a "short-list" of firms for each discipline was created and approved by the Board. Short listed firms were then invited back for oral presentations to County staff regarding their understanding of the program requirements and their approach and methods. A brief discussion ensued between staff and each firm after each presentations. The firms were ranked in the following order: Ranking 1. 2. 3. 4. 5. 6. Not Recommended for award. Firm Inwood Consulting, Inc. Stanley Consultants, Inc. Keith & Schnars LBFH, Inc. TBE Group, Inc. Arcadis PBS&J Location Oviedo, FL West Palm Beach, FL Port S1. Lucie, FL Fort Pierce, FL West Palm Beach, FL Sarasota, FL Vero Beach, FI Recommendation: Staff requests Board approval to negotiate fees with the successful firms selected after performing oral presentations for Request For Qualifications #07-042, Construction Management Services Continuing Contracts; and if negotiations are successful, to award contracts to the successful firms listed above and authorize the Chairman to sign the contracts as prepared by the County , ~ BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT NEIL APPEL, C.P.M. PURCHASING DIRECTOR TABULATION SHEET - RFQ #07-042 ENGINEERING SERVICES CONSTRUCTION MANAGEMENT SERVICES - CONTINUING CONTRACTs OPENED: APRIL 6, 2006 2:00 PM Thirteen (13) submittals were received for subject proposal: Company Name Contact Name Address Phone Fax Arcadis Patrick J. Ferland 101 Arthur Andersen Pkwy 941-378- 941-378- Sarasota, FL 34232 3555 3783 Captec Joseph W. Capra 301 NW Flagler Ave. 772-692- 772-692- Stuart, FL 34994 4344 4341 Culpepper & Terpening, Sherry Terpening 2980 S. 25th Street 772-464- 772-464- Inc. Fort Piece, FL 3537 9497 GBF Engineering Inc. Gladys Dilmaghani 3025 Matthews Rd 772-460- 772-460- Fort Pierce, FL 8053 8054 Inwood Consulting David G. Coleman 870 Clark Street 407-971- 407-971- Oviedo, FL 32765 8850 8955 Jonathan T. Ricketts, Inc. Jonathan T. 5708 Whirlaway Rd 561-630- 561-625- Ricketts Palm Beach Gardens, FL 6700 2770 Keith & Schnars Mark Moshier 1680 Lyngate Dr, Ste 202 772-287- 772-286- Port S1. Lucie, FL 2626 7999 LBFH, Inc. Thomas C. 2222 Colonial Blvd, Ste 201 772-461- 772-461- Vokoun Fort Pierce, FL 34950 2450 1225 PBS&J Richard M. Grubel 2001 9111 Avenue, Ste 210 772-778- 772-778- Vero Beach, FI 3035 6407 Stanley Consultants, Inc. Tshaka Dennis 1601 Belvedere Rd, Ste 400 561-689- 561-689- E 7444 3003 West Palm Beach, FL 33406 Target Engineering Group Ramzi Asfour 221 S. Ocean Drive, Ste A 772-461- 772-462- Fort Pierce, FL 34949 2873 1097 TBE Group, Inc. Lance D. Lairscey 4698-A Forest Hill Blvd, Ste 561-868- 561-868- A 5969 5962 West Palm Beach, FL 33415 The Corradino Group, Inc. Fred P'Pool 321 S. Dixie Highway 561-805- 561-805- West Palm Beach, FL 7550 7547 NUMBER OF COMPANIES NOTIFIED*: 1701 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 79 NUMBER OF BIDS RECEIVED: 13 * - Per demandstar.com ITEM NO. C3-D DATE: 6/12/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel. Purchasinq Director SUBJECT: Permission to ask the Florida Association of Counties to support the Resolution adapted by The Florida Association of Public Purchasing Officers (FAPPO) amending Section 287.055 F.S. as stated. BACKGROUND: Please see attached memorandum and draft letter. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: N/A RECOMMENDATION: Staff requests Board approval to ask the Florida Association of Counties to support the Resolution adapted by The Florida Association of Public Purchasing Officers (FAPPO) amending Section 287.055 F.S. as stated. (~ APPROVED ( ) OTHER ( ) DENIED COMMISSION ACTION: Approved 5-0 Dou as . Anderson County Administrator Coordination/Sianatures Mgt. & Budget ( ) Other ( ) Purchasing (X) :£1- / Other ( ) County Attorney (X) ~ t" Of t"\ Other ( ) Finance: (check for copy, only if applicable)_ PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: June 1, 2007 RE: Permission to ask the Florida Association of Counties to support the Resolution adapted by The Florida Association of Public Purchasing Officers (FAPPO) amending Section 287.055 F.S. as stated. Backaround: The Consultants Competitive Negotiated Act (CCNA) governs selections for Architectural! Engineering services. This is a two-step process. In step one firms are rated according to the written proposals submitted to the evaluation committee. A "short list" is then created of at least three of the competing firms who then present oral presentation to the selection committee. The presenting firms are then ranked, and contract /fee negotiations begin with the #1 firm. If agreement is not reached, negotiations are then formally concluded with the #1 firm, and negotiations are then begun with the #2 firm, etc. The alternative method proposed would follow step one, but step 2 would include a "best value" proposal to be submitted to the selection committee which would include compensation. Continuing contracts are defined as follows: "A "continuing contract" is a contract for professional services entered into in accordance with all the procedures of this act between an agency and a firm whereby the firm provides professional services to the agency for projects in which construction costs do not exceed $1 million, for study activity when the fee for such professional service does not exceed $50,000, or for work of a specified nature as outlined in the contract required by the agency, with no time limitation except that the contract must provide a termination clause. Firms providing professional services under continuing contracts shall not be required to bid against one another." FAPPO is requesting that an alternative process whereby we have the option of placing a term limit on the continuing contract and when contracts are awarded for continuing services (multiple contract awards for a specific category of services/projects which may not be defined at the point of contract award), the firms that are awarded those contracts should have to submit competitive proposals to be awarded a task order under that contract. Currently, firms under competitive contracts do not have to submit competitive proposals for a project, and staff believes that this places the County at a disadvantage. This is in conflict with professional engineering and architectural associations that put forward the concept that making firms compete on a "fee basis" is perilous to the owning entity. FAPPO and staff do not agree. FAPPO is requesting that a "middle of the road" process be added as an alternative method to the two existing methods now in place. Recommendation: Staff requests Board approval to ask the Florida Association of Counties to support the Resolution adapted by The Florida Association of Public Purchasing Officers (FAPPO) amending Section 287.055 F.S. as stated. NAlak T \ r) ¡\ ··rJ-r }jJi.rLJ J June 6, 2007 Florida Association of Counties Chris Holley, Executive Director PO Box 549 Tallahassee, FL., 32302 RE: Consultants Competitive Negotiated Act (CCNA) Dear Mr. Holley: The Board of Directors for the Florida Association of Public Purchasing Officers (FAPPO) recently adopted a resolution supporting the amending of Section 287.055 F.S. as set forth in the attached language. The St. Lucie County Board of County Commissioners fully supports this effort to provide public procurement professionals the ability to implement a range of appropriate procurement methods to meet the business needs of those they serve. We ask for the Florida Association of Counties support in our effort to amend Section 287.055, F.S. as stated. Sincerely, Douglas M. Anderson County Administrator c: Palmer Mason, Legislative Director Faye Outlaw, Assistant County Administrator Neil Appel, Purchasing Director Attachment (2) DEFINITIONS (m) "A best value selection" means a selection of a firm(s) whose proposal provides the greatest overall benefit to the agency in accordance with the requirements of a formal solicitation. (12) APPLICABILITY TO BEST VALUE SELECTIONS... a) Except as provided for in this subsection, this section is not applicable to the selection of a firm(s) on a best value basis by any agency, and the agency shall make such selections in accordance with the procurement laws, rules and ordinances applicable to the agency. b) Every agency shall adopt rules or ordinances governing the selection of a firm(s) on a best value basis. Procedures for the use of a best value selection process shall include as a minimum, the following: 1. The preparation and distribution of a public solicitation consistent with the requirements of Sections (3) and (4)(a). 2. A distinct two step selection process, which shall include as a minimum, the following: a. Under the first step, competing firms shall be evaluated in the manner set forth under subsection (4)(b) except as otherwise set forth in this section. Proposals for compensation to be paid under the contract will not be solicited or accepted during this step of the process. b. Under the second step, the firms selected under subsection 2.a shall be asked to submit a compensation proposal for the proposed work, which shall be evaluated along with the information evaluated under subsection 2.a and any other information the agency chooses to request with the compensation proposal to make a best value selection(s). 3. The criteria, procedures and standards for the evaluation of proposals considered under subsections 2.a and 2.b respectively, which shall be published in the public solicitation. In no instance shall the criterion pertaining to compensation exceed 50 percent of the total weight of the published evaluation criteria. 4. In the case of valid public emergencies, for the agency head to declare an emergency and authorize negotiations with the best firm available at that time. 12/07/06 12/04, 10/23 (5) COMPETITIVE NEGOTIATION. -- (d) In accordance with article (2) DEFINITIONS, subsection (f) 2., an agency may contract with several firms under one contract for a defined term in order to provide timely project related services. The method of solicitation and selection of the firms shall be in accordance with section (3) PUBLIC ANNOUNCEMENT AND QUALIFICATION PROCEDURES. - and (4) COMPETITIVE SELECTION.-As the need for specific project related services arises during the contract term, the agency may simultaneously solicit cost proposals from one or more of the previously qualified firms under contract. PROPOSED CHANGES TO CCNA HOW THE PROPOSED LANGUAGE IS WORDED o In the style and structure of the existing statute D Sets general parameters and deferring to agency procedures for details D Leaves all existing practices in tact FES AND FICE D Promote qualification-based selection as the best acquisition method D Strongly oppose the "bidding" of engineering services D Compare the virtues of "qbs" to the perils of bidding D Fearful of the "extremes" of sealed bidding KEY ASPECTS OF THE CHANGES D Prescribes optional two-step method for selection that includes 1. Pre-qualification where any consideration of price is prohibited 2. Best value or best overall selection from among the qualified firms D Puts a limit on the weighting of the pricing factor D Acknowledges the discretion of the agency to select more than one firm D Is proffered as a "middle of the road" alternative that enables agencies to be more responsive to constituent expectations D Allows agencies to solicit proposals that include price quotes from firms already under contract per the requirements of section 3-5 of the statute. .,.. Parks and Recreation Department Memorandum To: Board of County Commissioners From: Linda Barton, Assistant Director h Subject: Approval of Agenda Item #C-4 Date: 5/22/2007 On June 13, 2006, the BOCC awarded the bid for construction of the Lawnwood Complex Soccer Fields to Collage Companies. The project is complete and Collage is requesting release of retainage in the amount of $41,387.25 LB: em Attachment cc: D. Anderson, County Administrator R. 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CUfnmltkd,p .·...!urli1f, WAIVER OF RIGHT TO CLAIM AGAINST THE PA YJ\U!"T BOND (FINAL PAYMENT) CIII':(;)( No, The undcrsigrll-d. in l:omiderdlioll of (lie filial pa~ I11Cßl in !he amomlt S 41..}87.25 hercby waivcs its right to claim against the pa~l11ent bond for labor. scniccs. or materials furnished througbJo ST. LUCIE COIJNTY. FLORIDA. on the job of LAWNWOOD SPORTS COMPLEX - NEW SOCCER FIELDS, for improvements 10 Ihe follo\\ing described project : LA WNWOOD SPORTS COMPLEX NEW SOCCER nEl,DS ST. UJCIE COI!NTY. FLORIDA DATED ON: April}7, 2007 COLLAGE DESIGN AND CONSTRUCTION GROLl'. INC d.b,a TIlc Collal?c Comcanics 5~5 T edmology P..uk :~ For Printed Name: Scott L Nelson Title of Person Signing: Vicc Presidcnt Fin;mcc .'-'.' - . ......... fI....· F;" r4 ~ ;.~' ~ ..~.\,: .~.~ ~: {.. :::.-~ :.~. 1;: ';_ ,,~..,..,¡.; * ! n . '~-- ' '~-"'.'--~ . . ' .' .,It...;:: ...i....._,..,......·^~..,,-:¡,~ : . . ".......-.' 'r:~;q~· STATE OF Horida COUNTY OF Seminole Sworn and subscribed before mc this) 71h day of April 2007. b~ Scott L Nelson. \\ 110: --2i_ is personally known to me or has produced as ìdentillcati \ ;'\1 THE COlL.r..GE COMPANIES. Our mi5'ion ¡, In build µro!('C1, that .;rrellglht'lIlhe kWllddliofl alld Idb/ic 01 OUI commullit,. · WWW.COIIaIf.Cos.com Cc~Cn2n"I~ . · Headqwmen - 585 T€'('hnology P.Hk. . Ldl.... "".If". fL 32746 . 407.an.2257 . Fd~ 40ì.329.22511 · South Rorida Offic~ - 30'7 E Commt'lt'idl Blvd St" 202. rt ldud"rddll". Florida 33308 . 954.439.2343 . Fax 954.4119.2353 05-03-2007 16:23 FROM-COLLAGE COMPANY 4078292258 T-086 P 003/004 F-572 WAIVER OF RIGHT TO CLAIM AGAINST THE PAYMENT BOND (FINAL PAYMENT) Check#: ~ The undersigned, in consideration of the final payment in the amount of$ _$10.6.39.15 hereby waives its right to claim against payment bond for labor, services, or materials furnished to ~~Uage DlNSign & construct~on_~rDup on the job of St L.ucie County , for improvements to the following described proj~ct: -_....- .." - Lawnwood Sports Complex Soccer Fields 1302 Virginia Ave. Fort Pierce, FL 34960 DATED on J.~__. :2Jjð1 PRECISION PAVING & EXCAVATION, INC. --- -..--- 8430 HIDDEN PINES ROAD ..... .-. FORT PIERCE FL 34945 By: '~a~·:- Printed Name: J {{,_ '"~ 1}1 ~~.A sc! e.t{-_ Title of Person Signing: ..a w,..,,,,, ý STATE OF FLORIDA (\ I ~ COUNTY OF ~(..Ü Y\- çL~()-(L The foregoing instrument was acknowledged before me this ~ "'r 0 D '\ day of ~I Notary Public Personally Known "\\ /' - - œ..'~~'',:'''' CRYSTAL CAMERON HOFFORD ~~... ~\ NOllry Public· Slall of Florida i· . i My CommIUion Eapirtl Fib 1, 2011 \-. = , o/~ ~.. COIIIIIIislion . DD 622810 · ",·,t¡fH':r<¡;··· IIa1ded Through NIIionII NoIIry Aan. -- - Type of Identification Produced Ø5~03-ZØ01 16:Z5 FROIHOLLAGE COIiFANY 4018Z9ZZ58 T-081 P 003/004 F-573 WAIVER OF RIGHT TO CLAIM AGAINST THE PAYMENT BOND (FINAL PAYMENT) Check#: -Y4~¥- The undersigned, in consideration of the final payment in the amount of $ _ $, ,369.30 hereby waives its right to claim against payment bond for labor, services, or materials furnished to C~~~e Design & Construction Gr~up on the job of 51 Lucie County , for improvements to the following described project: .----- ---.-.... . "'-- Lawnwood Sports Complex Soccer Fields 1302 Virginia Ave, Fort Pierce, FL 34960 r ~'~ ¡~_··::"';0-"·:·"'··'- :: .)1'· !',' r:\ r I" ,\ I \ : ¡ ~ 1 ). . J ,4, \' .. ! , I" 1\'1 ri ii, \ii,j ~L_,,--- rHE COLLAL~:: c: . ".." I ______ I , , ¡ DATED on ~ð1.__ , , QUALITY FENCE CONTRACTORS, INC. ,--, 857 SW SOUTH MACEDO BLVD. _a_.__. . PORT S~LUC~~f _~~8J ' / By._.~l/~. Printed Name: _ .1.:.T 8:'¡~S -\ K L~_,- ~ ls:ti¿ Title of Person Signing: Pc-¿:s:.A¿!iL_____ ._._ ,. STATE OF FLORID~ l.t . COUNTY OF ,¡+- At.l.-L The foregoing instrument was acknowledged before me this ~, ~Q.Q~ ~- ~\W5 TJ ~~ Notary Public \) l.i 1- ~ . J . jc . J ...t Personally Known ¡/ OR Produced Identification dayo! ~' Type of Identification Produced NOTARY PUBLlC-STATE OF FLORIDA ~ Deborah A. Dempsey . Commission # DDS43963 Expires.: APR. 24, 2010 Bonded Thru Atlantic Bonding Co., rnc. Y~-Y~-'UUI 10." rKUM-~ULL^UC ~^"T 'IU """'~II I-U'~ r,UU~fUU'I r-~I I WAIVER OF RIGHT TO CLAlM AGAlNS'L{ID: PAYMENT BOND (FINAL PAYMENT) Checlc#: ~,"Cø ~ -- .. --- The undersigned, in consideration ofthe final payment in the amount of $ $3,095.00 tk:reby waives its right to claim against payment bond for labor. servic~s, or materials furnished to Collage De&ign_ & ~.~~~n Gro&.lp .. _ __. on the job of St Lucie County , for improvements to the following described project: --..----.- Lawnwaod Sports Com pie. Soccer Fields 1302 Virginia Ave. Fort Pierce, FL 34950 DATED on ---C:!.5..Q¿t '. Q~l R.t<. CONTRACTORS, INC. 2860 BROCKSMITH ROAD Prinud Name: Title of Person Signing: Fort Pierce FL 34945 ,"" ..' ",: :"f"'-'::~- l \. '--.', I L B¥:.· / ,,-L. .L-L .~ ) I dC n _~,A''--- / -r /' f.. ~fl'f .J. t.3o~_,_,. p,-~ :~",,"1Î1 STATE OF FLORIDA COUNTY OF Ç1'. ~~. The foregoing instrument was acknowledged before me this ~ day of f'....AO"ï 2C,r.J -, ~~r--;: p.-¡::...:s. . , Notary Publi Personally Known x. Type of Identification Produced r,,~:~~"-" ~~~~..~.:. ~:' ""'~," ·f~ ,,::~>~·¡t? .( '~~:,;' . .' . ~ '.~"-'>' .,; ", ,:,::J '" ,....r..l,.."'\....'...........,.. ~v ' ' '. --'~ . ~- ".,,.r ,..!"..i.~.J'-~,""'-..,...~'.......~_~t\. "I-U;1-lU;¡ ( I b: lU rWUM-~ULLAijc ~UMrANY 4U(~'\H:)~ I-U64 r.uuö/UU( r-:)(U WAIVER OF RIGHT TO CLAIM AGAINST THE PAYMENT BOND (FINAL PAYMENT) Check#: -$1£"4-" r The undersigned, in consideraùon of the final payment in the amount of $ --.!22,~~O.60..._, hereby waives its right to claim against payment bond for labor, services, or materials furnished to Collage Design & Con&tru~n.,~~up . on the job of St. Lucíe County . for improvements to the following described project: .-.-. Lawnwood Sports Complex Soccer Fields 1302 Virginia Ave. Fort Pierçe, FL 34950 DATED on ~- '-/ ~J-OQÎ SPORTS TURF ONe; INC. 9819 STATE ROAD 7 -...----- ---- ---... Printed Name: Boynton Beach FL 33437 By:JJ~ ~c~ ~ ---------..-- --... Tiùe of Person Signing: .. .__ __ _ _ __ . ____. . _ _. .__.. STATE OF FLORIDA;) } D.e J... COUNTY OF t'¡:r 1"'\ '" 4rfl day of JA1 ~ The foregoing instrument was acknowledged before me this 2.001 ,by ~v Il Jell ;/"''-'/II"",eJ NOlatyPubliC ¿- e.1¡ 07'< Ar Personally Known ~ OR Produced Identification Type of Identification Produced ~,.~ \~ ; ~ 0' ,.:" Notary Public State of Florida Kenneth Wayne Gregory My Commission 00627005 Excirt101107/2011 J AGENDA REOUEST ITEM NO: CS DATE: June 12, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Sheriff's Office SUBMITIED BY: St. Lucie County Sheriff's Office SUBJECT: Permission to apply for a 2007 COPS Secure Our Schools grant from the U.S. Department of Justice, Office of Community Oriented Policing Services. BACKGROUND: St. Lucie County Sheriff's Office has been invited to apply for a U.S. Department of Justice, Office of Community Oriented Policing Services COPS Secure Our Schools grant. The program requires a partnership agreements with the St. Lucie County School District, the St. Lucie County Fire District, Fort Pierce Police Department, the Port St. Lucie Police Department, and with the St. Lucie County Emergency Services Division. Funding from this grant will help cover 50% of the cost of equipment, supplies, or contracted Services needed to enhance communications, emergency response and recovery, and the safety of school children, staff members, emergency responder, and school zone surrounding communities. Total Pro jeet is $369,700. Federal request of $184,850. FUNDS AVAILABLE: Required Cash Matching Funds- All participants will be required to provide there own 50% required matching funds for their proposed program. PREVIOUS ACTION: . None. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the St. Lucie County Sheriff's Office submission of the application for the 2007 COPS Secure Our Schools Grant and authorize the County Administrator to sign the application. COMMISSION ACTION: [>j APPROVED [] DENIED [ ] OTHER: D as Anderson County Administrator Approved 5-0 County Attorney: ) Review and A Purchasing: Management & Budget Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 j S1. Lucie County, FL, Sheriffs Office COPS 2007 Secure Our Schools - Budget Narrative Capital Equipment: School Security Video Surveillance Improvement Project - The purpose of the following items is to install 1 video surveillance 64 camera server which will allow the school district to monitor the perimeter of the schools as well as common areas to ensure student and faculty safety. In addition, the school district will need add 44 video camera surveillance systems and 6 Audible chips for emergency response alarm systems in 6 high schools. The St. Lucie County School District/Security Division is also requesting video enhancement software that will help clean up video taped evidence to aide in suspect identification and apprehension. Item Integral Digital Sentry Servers Video Enhancement Software Security Cameras & Related Expenses Audible Sine:le bv Thor Guard Chius Quantity 1 1 44 6 Price Each $20,500.00 $16,000.00 $ 2,431.81 $ 200.00 Total Cost $ 20,500.00 $ 16,000.00 $107.000.00 1.200.00 Federal Share: $72,350 Local Match: $72,350 SLCSDCapital Equipment: $144,700.00 St. Lucie County Sheriff's Office/School Resource Unit - Emergency Response Time Improvement - The proposed equipment will enable School Resource Deputies to respond faster to on-campus incidents and improve incident response time. School Emergency Response Golf Carts for 7-K Through 8, 7-High Schools, and 1 Alternative Education School. 15 Emergency Response Golf Carts estimated at $5,000 each = $75,000.00 Federal Share: $37,500 Local Match: $37,500 SLCSO Capital Equipment: $75,000.00 Port St. Lucie Police Department/School Resource Unit - Emergency Response Time Improvement - The proposed equipment will enable School Resource Officers to respond faster to on-campus incidents and improve incident response time. School Emergency Response Golf Carts to be used at various schools. 4 Emergency Response Golf Carts estimated at $5,000 each = $20,000.00 Federal Share: $10,000 Local Match: $10,000 PSLPD Capital Equipment: $20,000.00 TOTAL EQUIPMENT: FEDERAL SHARE: $119,850 LOCAL MATCH: $119,850 TOTAL EQUIPMENT: $239,700.00 St. Lucie County, FL, Sheriffs Office COPS 2007 Secure Our Schools - Budget Narrative Contractual Services: St. Lucie County Emergency Operations - Radio Communications Improvement Project- The purposed of this contracted service is to provide and install the necessary communications enhancement equipment needed to eliminate dangerous radio signal blackout areas in St. Lucie County Schools. Contracted services to provide all necessary hardware, software, equipment, supplies and installations required to improve emergency services radio communication in St. Lucie County Schools. Equipment to include, but not limited to, bi-directional amplifiers, antennas, cabling and related miscellaneous installation hardware. Federal Share: $65,000 Local Match: $65,000 SLCEOC Contracted Services: $130,000.00 TOTAL CONTRACTED SERVICES: FEDERAL SHARE: $65,000 LOCAL MATCH: $65,000 TOTAL CONTRACTED SERVICES: $130~000.00 PROJECT BUDGET SUMMARY - Total Federal Amount Requested: $184,850 Local Match: $184~850 Total Project: $369,700 OMS Control: 1103-0096 Expiration Date: 2/29/2008 U.S. Department of Justice Office of Community Oriented Policing Services COPS COPS Instruction Booklet www.cops.usdoj.gov COMMUNITY ORIA'NTEÞ POUCINO a.VleD U'" DUllIITIIENT OF' JUSTICE The U.S. Department of Justice, Office of Community Oriented Policing SeNices (www.coDs.usdoLaov) is pleased to announce that it is seeking applications for funding for the Secure Our Schools program, This program furthers the Department's mission by addressing the Department's goal of assisting state, local, and tribal efforts to prevent or reduce crime and violence, COPS FY2007 Application Guide: Secure Our Schools Program (50S) Eligibility Only law enforcement agencies that have previously applied to the COPS Office for funding under prior COPS in Schools application solicitations or have received a COPS grant previously are eligible to apply. Deadline All applications are due on June 15, 2007. Contact Information For assistance with the requirements of this solicitation, contact the COPS Office Response Center at 800.421.6770 or via e-mail at AskCOPSRC@usdoj.gov. This application may be submitted through Grants.gov or via hard copy. For technical assistance with submitting the application, call the Grants.gov Customer Support Hotline at 800.518.4726. Grants.Govl COPS-SOS-2007-1 U.S. Department of Justice Office of Community Oriented Policing Services Carl R. Peed Director COPS FY2007 Application Guide: Secure Our Schools Program (SOS) The COPS Application Guide is designed to assist applicants in applying for COPS grant programs. This Guide includes general information on the administrative and legal requirements goveming the Secure Our Schools program, as well as detailed program-specific information. For more information about COPS grants, call the COPS Office Response Center at 800.421.6770. U.S. Department of Justice Office of Community Oriented Policing Services 1100 Vermont Avenue, N,W Washington, D.C. 20530 COPS Online: www.coDs.usdoLaov March 2007 Contents OVERVIEW ...,..,..,......",.,...".".,.,....,.,....,..,..,...,....,.. , . . , . . , . . , 1 COPS Office Overview. , . . , , . . , . . . . . , . . . , . , . . . , , . . . . . , . , , . . . , , . . . , . . . . , . . . . . . . . . . . , . . 1 SOS Overview ".,.....,...".,.....,....,.,.,....,......,',.," . , . . , . . . . . . . , . , , , . . 2 DEADLINE: REGISTRATION. . . . . , . , . . . . . . . . . . . , , . . . . , . . . . , . . . . . . , . , , . . . . . . . , , . . , . . . . . . .2 DEADLINE: APPLICATION. . . , . . . . . . . . . . . . . . . . . . . , . . , . . . . . , . . . . . . , . . . . . . . . , . . . . . . . . . , . , .2 ELIGIBILITY REQUIREMENTS ... . . . . . . , . . . , . , . , , . . . . . . , . . . , . . . , . , . . . . . . . . . . . . . . , . . . . . . .2 PROGRAM-SPECIFIC INFORMATION . , . , . . . , . . . , . , . . . . , . . . . . , . . , . . . . . . . , . . , , . . . . . . . . . . . .3 Length of Grant Term, Maximum Federal Share and Local Share Requirements. . . . . . . , . . . . . . . , . . 3 Federal Funding: Allowable and Unallowable Costs. . . . , . , . . . . , , , . . , . . . . . , . . . . , . . . . . . , . . . . , .3 Allowable Costs: Fundable Requests ...."..........,........."....,............,. 3 Unallowable Costs: Requests Will NOT Be Funded . . . . . . . . .. . . . .. . , .. . .. .. . .. .. . . .. . . .4 Summary of Basic Protections for Human Subjects. . . . . . . . . . . . . . . . . . , , . . . . . . . . , . .. . . . . . . . . . 5 Monitoring, Reporting, & Evaluation Requirements. . , . . . . , , . . . . . . . . . . . . . . . , , . . , . . . . . . . . . , . .7 PERFORMANCE MEASURES. . . . . , . . . . . . . . . . . . . . . . . . , . . . . , , . . . , . . . . . . . , . . , . . , . , . . . , . , . .8 HOW TO APPLY. . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . , . . . . . . . . . . . . . . , . . . . . . . . . . . .9 Administrative Requirements Goveming COPS Programs. . . . , . . . . . . , , ., . . . . . . . . . . , . . . . . . . . . .9 Electronic Submission of Applications Via Grants.gov . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . .9 Procedures for Using Grants,gov . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . .11 I. E-Business & Registration Information . . . . . , . . . . , , . . . . . . . . , . . , . . . . . . . . . . . . . . . . . . . . 11 II. Find & Apply for Funding Opportunities. . . . . . . . . . , . . . . . . . . , . . , . . . . . . . . . . . . . . . . . . . . 13 Helpful Online Resources. . . . . . , . . . . . . . . . . . , . . . . , . . . . , . . . . . , , . . . . . . . . . . . . . . . . , . . . 16 Obtaining a DUNS Number. . .. .. .. . . . . .. .. . . . . .. . .. , .. .. . .. . . .. .. . .. .. . . .. .. . . . . .. .. . 17 Audit Requirement. . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . , . . , . . . . , . . . . 19 Civil Rights. . . . . , . . . . , . . . . . . . . . . . . . . , . . , . , . . . . . . , , . . . . . . . . . . . . , . , , , . . . . . . . , . . , . . . . 19 Legal Requirements: Grant Terms & Conditions, . . . . . , , . . . . . . . . . , . . . . . . . . , . , . . . . . . . . . . . . . . 19 I. & II. Assurances & Certifications . . . . . . . . . , . . . . . , . , . . . . . . . . , , , . . . . . . . , . . . . . , . . . . , 20 III. Disclosure of Lobbying Activities . . . . . . . . . . . , . . , . . . . . . . . . . , , . , . . . . . , . . , . , . , . . , . . 20 IV. Nonsupplantin9 Requirement , . . . . . . , . . , . . , . . . , . . , . . . . . . , . . . . . . , . . , , , . . . . . . , . . , 20 V. Procurement & Sole Source Justification. . , . . . . . , . . . , . . . . . . , , . . , . . , . . , . . . . . . . . . . . . 21 Secure Our Schools Program (SOS) VI. Criminal Intelligence Systems/28 C.F.R. Part 23 Compliance, . . , . . . , , . . , . . . . . . . . . , . . .22 VII. Certification to Mitigate Possible Adverse Health, Safety, & Environmental Impacts . . . . . , .22 Suspension or Termination of Funding. . . , . , . , . , . , . . , . . . , . . , . , , , . , , . , . . . , . . , . . . , , . . . , , . . 23 Required Application Documents & Sections for SOS Applications. . . . . . , , , , . . . . . , , . . . , , . . . , . . 24 WHAT AN APPLICATION MUST INCLUDE: REQUIRED FORMAT & OTHER IMPORTANT INFORMATION FOR SUBMISSION ...,.",...,.,.,.."....,.".."...".,............,...,....,...,. 25 General Information .,.."..",.,...,.....,.."...,.....,....,.,........,........,.. 25 Executive Summary ......,.",...... . . , , . . . . , , . . , . . . . . , . . . . . , . . . . . . . . . . . . . . . . . . , , . . 25 Project Description (Narrative) . . . . , . . . . , , , , . . , . . . , . . . . . . . , , . . . . . . . . . . . . . . . , . . . . . , . . , . . 25 Budget Narrative. . . , . . , . . , , , , . . . , . . , , . , . , . . , , , . . . . . . . . . , . . . . . . . . . . . . . . . , . . . . , , . . . . . 26 Mailing Address .,..........,.,..,...,.,......,....,..,..,.....,..............,.... 27 Selection Criteria ....,.....,....,.,.,.......,..,............,...................,.. 27 Sample Budget Narrative and Budget Detail Worksheet . . . . . . . , . . . . . . . . , . . . . .. . . . . . , . . . . . . . 27 APPENDIXES. . . . . . . . . . , . . , . . . . . . . , . . , . . . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . 30 Appendix A: Glossary of COPS Program Terms .....,..,..,......,.,.,..,......,...,...,. 30 Appendix B: Intergovernmental Review Process, Points of Contact by State. . . . . . . , , . . , . . . , . . . . 35 ii Secure Our Schools Program (SOS) SECURE OUR SCHOOLS PROGRAM (50S) (CFDA 16.710) OVERVIEW COPS Office Overview The COPS Office was established as a result of the Violent Crime Control and Law Enforcement Act of 1994 to assist law enforcement agencies in enhancing public safety through the implementation of community policing strategies in jurisdictions of all sizes across the country. Community policing represents a shift from more traditional law enforcement in that it focuses on prevention of crime and the fear of crime on a local basis. Community policing puts law enforcement professionals on the streets and assigns them a beat, so they can build mutually beneficial relationships with the people they serve. COPS provides funding to state, local, and tribal law enforcement agencies and other public and private entities to hire and train community policing professionals, acquire and deploy cutting-edge crime-fighting technologies, and develop and test innovative policing strategies. COPS-funded training helps advance community policing at all levels of law enforcement - from line officers to law enforcement executives - as well as others in the criminal justice field. Because community policing is by definition inclusive, COPS training also reaches state and local government leaders and the citizens they serve. This broad range of programs helps COPS offer agencies support in virtually every aspect of law enforcement, and it's making America safer, one neighborhood at a time. The COPS Office has also funded the creation of a national network of Regional Community Policing Institutes (RCPls) to foster training in community policing at the regional level. RCPls are uniquely positioned to provide an array of meaningful training that supports the mission of the COPS Office to local law enforcement and the communities they serve. We will continue to accomplish our mission by: creating innovative programs that respond directly to the emerging needs of state, local, and tribal law enforcement, to shift law enforcement's focus to preventing, rather than reacting to, crime and disorder within their communities developing state-of-the-art training and technical assistance to enhance law enforcement officers' problem-solving and community interaction skills promoting collaboration between law enforcement and community members to develop innovative initiatives to prevent crime providing responsive, cost effective service delivery to our grantees to ensure success in advancing community policing strategies within their communities. The programs and initiatives developed by the COPS Office have provided funding to more than 13,000 law enforcement agencies. By funding over 13,000 of the nation's 18,000 law enforcement agencies, the COPS Office has helped create a community policing infrastructure across the nation. Approximately 86 percent of the nation's population is served by law enforcement agencies practicing community policing. Additional information regarding the COPS Office can be found at www.coDs.usdoi.gov. 1 Secure Our Schools Program (SOS) Secure Our Schools Program Overview A COPS Secure Our Schools (SOS) grant provides funding to local governments to assist with the development of school safety resources. This funding will allow recipients the opportunity to establish and enhance a variety of school safety equipment and/or programs to encourage the continuation and enhancement of school safety efforts within their communities. The COPS Office is optimistic that this grant program will help place agencies at the forefront of innovative school safety developments. Funding under this program may be used for such things as: · Placement and use of metal detectors, locks, lighting, and other deterrent measures · Security assessments · Security training of personnel and students · Coordination with local law enforcement · Any other measure that may provide a significant improvement in security. Please be advised that a hold may be placed on this application if it is deemed that the applicant agency is not in good standing on other U.S. Department of Justice grants, has other grant compliance issues that would make the applicant agency ineligible to receive COPS funding, and/ or is not cooperating with an ongoing compliance investigation regarding a current COPS grant award. A hold may also be placed on this application if it is deemed that the applicant agency is not in compliance with federal civil rights laws and/or is not cooperating with an ongoing federal civil rights investigation. DEADLINE: REGISTRATION If applying on-line via Grants.gov, the applicant must register by June 1, 2007. DEADLINE: APPLICATION There will be one application deadline of June 15, 2007 for the SOS program. Applications must be postmarked or submitted on-line via Grants.gov on or before June 15, 2007 to receive consideration for Fiscal Year 2007 funding, subject to funding availability. Applications postmarked or submitted on-line after June 15, 2007 will not be considered for funding. All applicants will receive written notification of funding decisions. ELIGIBILITY REQUIREMENTS The Secure Our Schools program is a targeted solicitation. Only law enforcement agencies that provide law enforcement services to partner with schools and have previously applied to the COPS Office for funding under prior COPS in Schools application solicitations or have previously received COPS grants are eligible to apply. Funding decisions will be based upon the number and quality of applications received. For additional information, please contact your COPS Grant Program Specialist by calling the COPS Office Response Center at 800.421.6770. 2 Secure Our Schools Program (50S) PROGRAM-SPECIFIC INFORMATION length of Grant Term. Maximum Federal Share and local Share Requirements The SOS grant is two years in duration, and agencies are required to contribute a local cash match of 50 Dercent towards the total cost of the approved grant project during the grant award period. Your agency must maintain records which clearly demonstrate the source of local matching funds, the amount of the match, and when the match is contributed. Funds previously budgeted for a law enforcement purpose may not be reallocated to provide local matching funds for the SOS program. Requests to waive the local match are not permitted under this program. The COPS Office will review reasonable requests made for no-cost time extensions in the event that all funds granted have not been expended within the two-year grant period. Extension worksheets will be sent to the law enforcement department approximately 90 days prior to the award end date. Any extensions granted will be for time only, and not for additional funding. Please be advised that all extension requests ~ be received by the grant period end date. Federal Funding: Allowable & Unallowable Costs All items requested will be considered on a case-by-case basis during the budget review process and agencies will be notified in a timely manner of any points of clarification from the COPS Office. Items under the initiative must be purchased using the legislative guidelines established by the Continuing Appropriations Resolution, 2007 (P.l. 110-005). Additionally, each item should have a link to the implementation or enhancement of community policing and/or child safety initiatives In your agency. Examples of items that will not be considered include uniforms, ammunition, soft body armor, and vehicles. Please refer to the List of Unallowable Costs for additional examples. To the greatest extent practicable, all equipment and products purchased with these funds must be American-made. Allowable Costs: Fundable Requests All items under this SOS grant must be purchased using the legislative intent established by the Continuing Appropriations Resolution, 2007 (P.l. 110-005). Budget requests may be made in the categories of: Civilian salaries and benefits (security guards will NOT be considered allowable) Equipment (cameras, door locking systems, metal detectors, etc.) Supplies TravelfTraining (such as security training and/or travel to receive such training) Contracts/Consultants (to perform security assessments, provide school safety training, etc.) [Note: Any consultant or contracting charges associated with your project over $450 per day will require documented justification and prior written approval by the COPS Office. Determinations will be made on a case-by-case basis.] Other costs In addition, items that have a direct correlation to the overall success of a grantee's project objectives and are necessary for the project to reach full implementation will be considered on a case-by-case basis. 3 Secure Our Schools Program (SOS) Departments will be notified of any points of clarification the COPS Office may require. Additionally, the COPS Office encourages the purchase of allowable items related to the grant project that have a link to the implementation or enhancement of community policing and crime prevention in your department. Requests may be made only for items or positions that are not otherwise budgeted with state, local, or Bureau of Indian Affairs funds, and would not be funded in the absence of the SOS grant. Unallowable Costs: Requests Will NOT Be Funded The items listed below are generally considered to be unallowable, and will only be funded under extremely limited and extenuating circumstances and at the discretion of the COPS Office. Before including any of these items in your budget and project proposal, please contact your COPS Grant Program Specialist at 800.421.6770. Items not listed below will be reviewed on a case-by-case basis. PERSONNEL: Salaries and benefits of sworn officers. Salaries and benefits of civilian security guards. Salaries and benefits of existing employees. Salaries and benefits of grant writers or other staff who do not directly contribute to the implementation of the program. Overtime for personnel not directly involved in the department's project and that which exceeds 20% of the awarded budget. Fringe benefits for overtime of existing employees. TRAVEL: Local travel costs (lodging, meals, per diem, or transportation costs) within a 50-mile radius of the program location. Mileage reimbursement, rental cars, parking fees, and/or taxi fare for local travel. Meals and/or refreshment costs associated with meetings. EQUIPMENT: Animals Bicycles Bulletproof vests and accessories Bunker shield(s) Cellular phones Construction and renovation costs Dictation systems General police vehicles (including patrol cars and leased vehicles) Handcuffs, weapons, and ammunition Office rental/lease space Pagers (including service time) Phone lines and voice-mail systems Radar guns Standard issue police vehicle equipment (including light bars, cages, and siren packages) Standard office furniture and equipment (not specifically related and dedicated to the grant) Televisions / VCRs Uniforms 4 Secure Our Schools Program (SOS) CONTRACTS/CONSULTANTS: Training in topics that are not directly linked to the SOS grant. Contractual agreements that cannot be directly linked to the SOS grant. Any consultant fees in excess of $450 per day must receive prior written approval from the COPS Office, contingent upon written justification by the grantee. SUPPLIES AND OTHER COSTS: Standard office supplies not directly related to the SOS grant. Indirect costs. This program will not provide funding for any positions or items which are funded in the applicant agency's budget with other sources of funding (state, local, or BIA). You may apply only for otherwise unfunded positions or items to supplement your agency's law enforcement budget. Summary of Basic Protections For Human Subjects February 25, 2003 Summary Definitions Exempt Activities Summary Protections for human subjects of research are required under Department of Justice regulations at 28 CFR Part 46. This regulation constitutes the Federal Policy (Common Rule) for the Protection of Human Subjects, which has been adopted by an additional 16 Executive Branch Departments and Agencies. Each institution engaged in (non-exempt) COPS-supported human subjects research must provide a written Assurance of Compliance, satisfactory to the designated COPS Office, that it will comply with the DOJ human subjects regulations. - 28 CFR 46.103(a) Institutions conducting non-exempt COPS-supported human subjects research must provide Certification to the supporting agency that the research has been reviewed and approved by an Institutional Review Board (IRB) designated under a COPS-approved Assurance. Under no circumstances may (non-exempt or non-waived) human subjects research be supported with federal funds prior to Certification. - 28 CFR 46.1 03(f) Except where the IRB specifically approves a waiver in accordance with DOJ regulations, no investigator may involve a human being as a subject in (non-exempt) research unless the investigator has obtained the legally effective informed consent of the subject, or the subject's legally authorized representative. The meaning of "legally effective" and "legally authorized" is determined in part by applicable state law. Definitions Research means a systematic investigation, including development, testing, and evaluation, designed to develop or contribute to generalizable knowledge. Activities which meet this definition constitute research for the purposes of this policy, whether or not they are supported under a program which is considered research for other purposes. - 28 CFR46.102(d) 5 Secure Our Schools Program (SOS) Human subject means a living individual about whom an investigator conducting research obtains (1) data through intervention or interaction with the individual, or (2) identifiable private information. - 28 CFR 46.102(f)(1H2) Identifiable private information includes information about behavior that occurs in a context in which an individual can reasonably expect that no observation is taking place, and information which has been provided for specific purposes by an individual and which the individual can reasonably expect will not be made public (for example, a medical record). - 28 CFR 46. 1 02(f)(2) Informed consent must be sought under circumstances that minimize the possibility of coercion of undue influence and must include the eight basic information elements described in the regulations. Information must be presented in language understandable to the subject or the subject's legally authorized representative. - 28 CFR 46.116(aHb) Informed consent must be documented with a written form approved by the IRS and signed by the subject or the subject's legally authorized representative. - 28 CFR 46.117 Also see pursuant to 42 US.C. Sec. 3789g, the DOJ promulgated regulations, 28 CFR Part 22, Confidentiality of Identifiable Research and Statistical Information. Exempt Activities Six categories of research are exempt from the regulatory requirements, including the following which are most likely to be applicable to COPS grantees. However, the determination of an exemption must be made in writing and confirmed by COPS General Counsel and the COPS Human Subjects Research Protections Expert. Research conducted in established or commonly accepted educational settings, involving normal educational practices, such as (i) research on regular or special education instructional strategies, or (ii) research on the effectiveness of the comparison among instructional techniques curricula, or classroom management methods. - 28 CFR 46.101 (b)(1) Research adult human subjects involving the use of educational tests (cognitive, diagnostic, aptitude, or achievement), survey procedures, interview procedures, or observation of public behavior, UNLESS: (i) information obtained is recorded in a manner that human subjects can be identified, directly or through identifiers linked to the subjects; AND (ii) any disclosure of the human subjects' responses outside the research could reasonably place the subjects at risk of criminal or civil liability or be damaging to the subjects' financial standing, employability, or reputation. - 28 CFR 46.101lb)(2) Research human subjects, not exempt under the above exemption (b)(2), involving the use of educational tests (cognitive, diagnostic, aptitude, or achievement), survey procedures, interview procedures, or observation of public behavior, IF: (i) human subjects are elected or appointed officials or candidates for public office OR; (ii) a federal statute requires without exception that the personally identifiable information will be maintained confidential throughout the research and after. - 28 CFR 46.101(b)(3) 6 Research involving the collection or study of existing data, documents, records, pathological specimens, or diagnostic specimens, if (i) these sources are public OR (ii) if the information is recorded by the investigator in a manner that subjects CANNOT be identified, directly or through identifiers linked to the subjects. - 28 CFR 46.101(b)(4) Secure Our Schools Program (SOS) Monitoring, Reporting, & Evaluation Requirements Federal regulations require that any financial assistance from the federal government be monitored to ensure that those funds are spent properly. Awarded agencies will be responsible for submitting periodic programmatic Progress Reports and Quarterly Financial Status Reports. In addition, the COPS Office is interested in tracking the progress of its programs and the development of its grantees' community policing plans. Therefore, all SOS grantees will be required to participate in grant monitoring activities of the U.S. Department of Justice. including but not limited to the COPS Office, the Office of the Inspector General, or an entity designated by COPS. The COPS Office Monitoring staff may take a number of monitoring approaches, such as site visits, office-based grant reviews, and periodic surveys to gather information. COPS may seek Information including, but not limited to, your agency's compliance with nonsupplanting and financial requirements of the grant and progress toward achieving your community policing plan. Program and Monitoring Specialists as well as auditors are particularly interested in confirming that the purchase of approved items is consistent with the applicant's proposal. Though a formal assessment is not a requirement, departments are strongly encouraged to conduct an independent assessment of their respective projects. Project evaluations have proven to be valuable tools in helping departments to identify areas in need of improvement, as well as providing data of successful processes. Please feel free to contact your Grant Program Specialist at 800.421.6770 to discuss any issues or concerns you may have. 7 Secure Our Schools Program (SOS) PERFORMANCE MEASURES To assist in fulfilling the Department of Justice's responsibilities under the Government Performance and Results Act (GPRA), P.L. 103-62, applicants who receive funding must provide data that measures the results of their work. Performance measures for the Secure Our Schools program are as follows: Objective Performance Measures Data Grantee Provides Increase the capacity of law Average community policing capacity Annual progress reports providing an enforcement agencies to implement implementation rating (0 to 100) of overview of SOS grant purchases/ community policing strategies that SOS grantees. implementation and implementation strengthen partnerships for safer of community policing strategies. communities and enhance law Average technological capacity enforcement's capacity to prevent, implementation rating (0 to 100) of solve, and control crime through SOS grantees. funding for technology, equipment, and training. Successful purchase and implementation of all items and/or services listed in the application Project and Budget Narratives. All COPS SOS grants target increasing grantee capacity to implement community policing strategies within the three primary elements of community policing: 1) problem-solving; 2) partnerships; and 3) organizational transformation. The COPS Office requires all SOS applicants to describe how the technology, equipment, and/or training requested will assist the applicant in implementing community policing strategies. As part of the annual progress report, SOS grantees will be required to report on their progress toward implementing community policing strategies. The COPS Office will not require that grantees track statistics to respond to the performance measure questions, and the grantee's community policing capacity implementation rating and/or technological capacity implementation rating will not be used in determining grant compliance. Based on the data collected from grantees, the COPS Office may make improvements to the SOS program to better meet the program's objective and law enforcement agency needs. 8 Secure Our Schools Program (SOS) HOW TO APPLY Administrative Requirements Governing COPS Programs Electronic Submission of Applications Via Grants.gov COPS is committed to supporting the President's Management Agenda (PMA) by striving toward becoming an even more "citizen-centered" and "results-oriented" organization. In an effort to meet these objectives, the COPS Office is participating as a partner with the government-wide Grants.gov initiative. If you are applying for COPS funding you may submit your application either in electronic format via Grants.gov or paper format. Grants.gov is the home of federal grant program information and applications. Please visit www.arants.aov to leam more about this exciting initiative. Users of Grants.gov will be able to download a copy of the application package, complete it offline, and then upload and submit the application via the Grants.gov site. You may not email a copy of the grant application to the COPS Office. All of the application forms can be submitted via Grants. gov, thus reducing paperwork for the applicant and the COPS Office. Other features of Grants.gov include a computer-based training tutorial, user guides, context-sensitive help for web pages, and customer service support via email and/or toll-free telephone. The following is imoortant information for aoolicants choosina to use Grants.aov: . To use Grants.gov, applicants must have a DUNS number (DUNS numbers are required of all agencies requesting federal funding whether or not the agency uses Grants.gov) and register in the Central Contractor Registry (CCR). If you have already completed these steps for previous submissions, you do not need to complete these steps again. Please see the attached checklist that will assist agencies in completing all the steps for each registration process. · You may submit all documents electronically, including all information typically included on the SF-424, the COPS Application Attachment to SF-424, Budget Information, Project Narratives and any related attachments. · Your application must comply with any page limit requirements described in the COPS Application Guide. · You must also download the COPS Application Guide (instructions) for completing the application. This must be downloaded separately from the application package. · Instructions for completing online application forms are included as part of the application package, both on the cover sheet and as fjeld-level instructions and edits that will assist you in completing an accurate application package. · Treat your application as you would any important document. Remember to save it to your computer often because changes are NOT automatically saved. · When you have completed the application package, you need to click the "Save" button prior to submission. Note: The application package cannot be submitted until all required fields have been completed. 9 Secure Our Schools Program (50S) . You can complete the application package offline - you will not have to be connected to the Intemet. This gives you the ability to route the application package to others in your organization as an email attachment, much like you would with any shared document. . The "Submit" button on the application package cover page will become active after you have completed all required forms, attached all required documents, and saved your application package. Move all mandatory completed forms/documents into the corresponding Completed Documents for Submission box. Click on the "Submit" button once you have done all these things and you are ready to send your completed application to Grants.gov. . Review the provided application summary to confirm that the application will be submitted to the program you wish to apply for. Click the "Yes" button if this information is correct and you are ready to submit the application. If you are not already connected to the Internet, you will be directed to do so. . Once you have logged in, your application package will automatically be uploaded to Grants. gov. A confirmation screen will appear once the upload is complete. Note that a Grants.gov tracking number will be provided on this screen. Please record this number so that you may refer to it should you need to contact Customer Support. . If you experience technical difficulties on the application closing date and are unable to meet the application deadline, print out your application and follow the application transmittal instructions included in the application package. . Your agency's participation is voluntary. Your agency will not receive additional or special consideration by submitting an application in electronic format, nor will we penalize an agency if an application is submitted in paper format. . We strongly recommend that you do not wait until the application deadline date to begin the application process through Grants.gov. The Grants.gov registration steps may take a few days, and if you wait until the application deadline date you may be unable to submit your application online. . A copy of the Certification of Review and Representation of Compliance with Requirements must be signed and kept on file with the applicant per the application instructions. Section 508 of the Rehabilitation Act Please note that information on Grants.gov accessibility and compliance with Section 508 of the Rehabilitation Act can be found on the Grants.gov website. If you are an applicant using assistive technology and you encounter difficulty when applying using Grants.gov, please contact: John Oliphant U.S. Department of Justice COPS Office 202.307.3411 John. Oliohantl1Vusdoj .aov 10 The Department is committed to ensuring equal access to all applicants and will assist any applicant who may experience difficulties with assistive technology when applying for grants on the Grants. gov site. We will continue to work with applicants as necessary while the Grants.gov site moves toward full compliance with Section 508 of the Rehabilitation Act. Secure Our Schools Program (50S) Procedures for Using Grants.gov Listed below is a description of the procedures/steps that you will need to complete in order to submit your application via Grants.gov. For more detailed information, please go to www.grants.gov and consult the Tutorial, Help (once you are on the proper screen) or the Grants.gov User Guide. I. E-Business & Registration Information Please note: The following steps only apply if you are using Grants.gov for the first time. If you have used Grants.gov in the past, you do not need to repeat these steps. 1. Obtain a DUNS Number. Please see the "Obtaining a DUNS Number" section of this Guide to obtain detailed information on this requirement. 2. Register with Central Contractor Registry. Individuals who want to be able to submit an application on behalf of their organization must become Authorized Organization Representatives (AORs) by registering with CCR. You must have a DUNS number before registering with CCR. To register with CCR: 1. Go to www.ccr.aov. 2. Click the Start New Registration link. 3. Complete the Registration Worksheet. 4. Complete the Registration Acknowledgement and Point of Contact Information. 3. Register with Credential Provider. Individuals who want to be able to submit an application on behalf of their organization must become Authorized Organization Representatives (AORs). In order to become an AOR, you must first register with CCR before registering with the Credential Provider, Operational Research Consultants (ORC). To register with a Credential Provider: 1. Click the Register with Credential Provider link. 2. Enter your DUNS number and press Register. 3. On the Welcome screen, click User 10. 4. Complete the registration screens. Note: You should record the User 10 and password that you entered because you will need this information to register with Grants.gov. 11 Secure Our Schools Program (SOS) 4. Register with Grants.gov. After registering with the Credential Provider, individuals who want to submit applications need to register with Grants.gov as an Authorized Organization Representative (AOR). As an AOR, an individual will be authorized to submit grant applications through Grants.gov on behalf of their organization. To register with Grants.gov: 1. Enter the username and password from the Credential Provider in the appropriate fields on the Register with Grants.gov screen. 2. Click the Register button. 3. Complete the Registration page with: Your first and last name Your telephone number Your email address Your title Your DUNS number 5. Designate an E·Business Point of Contact. This procedure is only for the E-Business Point of Contact. The E-Business Point of Contact is the person listed as the point of contact on the organization's CCR registration and is responsible for designating their organization's Authorized Organization Representatives (AORs). Organizations may have only one E-Business Point of Contact. Once a potential Authorized Organization Representative (AOR) registers with a Credential Provider and Grants.gov, the E-Business Point of Contact will receive an email stating that someone has signed up to become an AOR for their organization. The E-Business Point of Contact will need to log into the Ebiz section of the site and assign the" Authorized Applicant" role to have that person designated as an AOR for their organization. To designate an AOR: 1. Click the EBiz link at the top of the screen. 2. Enter your DUNS number and MPIN to login. 3. Click the Manage Applicants link. 4. Select the person for which you want to assign the "Authorized Applicant" role. 5. Assign the "Authorized Applicant" role. 12 Secure Our Schools Program (50S) II. Find & Apply for Funding Opportunities 1. Find a grant opportunity for which you want to apply. You can search for opportunities at: http://www.arants.gov/FindGrantOpDortunities 2. Download the Application Viewer If you do not have the PureEdge Viewer, you must download it to complete the online forms. To download the Application Viewer: 1. Click the link on the Download Application Viewer screen. 2. Verify that your computer meets the system requirements. 3. Download PureEdge Viewer. 4. Install PureEdge Viewer. 3. Download Application Package To download an application package: 1. Click the Download Application Package link on the left of the Apply for Grants screen. 2. Enter the Funding Opportunity Number or CFDA Number. The CFDA number for all COPS programs is 16.710. 3. Click the Download Package button. 4. Click the corresponding download link for the application instructions and application package. 4. Complete Application Package To complete an application package: 1. Download an application package and its instructions. 2. Save the application to your computer. 3. Complete all necessary forms/documents. 4. Move all mandatory completed forms/documents into the corresponding Completed Documents for Submission box. 5. Move all optional completed forms/documents into the corresponding optional completed documents for submission box. 6. Save the application. 5. Submit Application Package To submit an application package: 1. Complete the application. 2. Save the application. 3. Click the Submit button. 4. Click the Yes button. 5. Log into Grants.gov using your AOR username and password. 6. Save and/or print the confirmation page for future tracking of the package you just submitted by the Grants.gov Tracking Number found on the Confirmation Page. 13 Secure Our Schools Program (SOS) Organization Registration Checklist The following checklist can help guide your organization to complete the registration steps required to submit grants online through Grants,gov. Please ensure that you have completed all of these steps well before the application deadline date. These steps take a number of days, so please don't wait until the last minute if you have a deadline approaching! When you are done, you will have established a profile on Grants.gov that contains basic information about your agency and designated staff members who are authorized to submit applications. These steps only need to be completed ONCE to be able to use Grants.gov to apply for multiple programs. A list of helpful online resources to assist you with the registration steps follows the checklist. 14 Secure Our Schools Program (50S) What You Need to Do Purpose How Long Will It Take? Completed? 1. Find out your institution's DUNS DUNS numbers identify an You will receive a DUNS number institution, number at the conclusion of All institutions applying for federal grants The federal government has the phone call. If you request are required to provide a DUNS number. adopted the use of DUNS your DUNS number online the Ask your grant administrator or chief numbers to keep track of process can take up to 48 hours financial officer to provide your institution's how federal grant money is to complete, DUNS number. Research universities and dispersed, most colleges, independent libraries, and large organizations already have DUNS numbers. If your institution doesn't have a DUNS number, call the special Dun & Bradstreet hotline at 866.705.5711 to receive a DUNS number free of charge. You can also request your DUNS number online at www,dnb,com/us. More information about DUNS numbers is available at http://www.Grants.gov/ ReauestaDUNS. 2. Register your institution with Central Registering with CCR is '-3 days to gather information Contractor Registry (CCR) required for an institution to about your institution and Ask your chief financial officer, grant use Grants,gov, prepare the application, administrator, or authorizing official if your Designating AORs ensures that 5 days from the time your institution is registered with CCR. only authorized individuals institution registers with If your institution is not registered, you can submit grant applications CCR, The 5-day window is can apply by phone (888.227.2423) or on behalf of the institution, necessary to mail you security register online at http·/lwww.ccr.Qov. information, CCR has developed a worksheet (7-page PDF) to help you with the process. This worksheet can be found at http://www.ccr. gov/CCRRegT emDlate.Ddf. When'your institution registers with CCR, you will be required to designate an E-Business Point of Contact (E- Business POC). This person will be given a special password called an "M-PIN." This password gives him or her the sole authority to designate which staff members from your institution are allowed to submit applications though Grants.gov. Staff members desigñated to submit applications are called authorized organization representatives (AORs). If your institution has registered, but your E-Business POC has forgotten the M-PIN password. call 888.227.2423. 15 Secure Our Schools Program (SOS) 3. AORs apply for usernames and AOR usernames and passwords AORs will receive usernames passwords serve as "electronic signatures" and passwords when they To obtain their usernames and passwords, when your institution submits submit their information, AORs must register with Grants.gov at applications on Grants,gov, httos://aoolv.arants.aov/OrcReaister. They will have to know your institution's DUNS number to complete the process. After your institution registers with CCR. AORs must wait five business days before they can obtain their usernames and passwords. 4. AORs register with Grants.gov This creates an account on Registration will be complete Using their usernames and passwords Grants,gov that allows AORs to when the AOR submits the (obtained in step 3), AORs must register submit applications on behalf online form, with Grants.gov at httDs:/Iaoolv.arants.aov/ of your institution, GrantsgovReaister. 5. E·Business poe approves registration Only E-Business POCs can It depends on how long it takes of AORs approve AORs, the E -Business P~C to log in When an AOR registers with Grants.gov, your This allows your institution to and approve the AOR. AORs institution's E-Business P~C will receive an authorize specific individuals to can log into Grants,gov to e-mail notification. submit grants, find out who serves as their Your E-Business P~C must then log into institution's E -Business P~C Grants.gov (using the "M-PIN" password) and and to see if they have been approve the AOR. thereby giving him or her approved, permission to submit applications. When an E-Business P~C approves an AOR, Grants.gov will send the AOR a confirmation a-mail. Helpful Online Resources: DUNS Number information: htto:/Iwww.coos.usdoi.aov/mime/ooen.odf?ltem=1 025 Central Contractor Registry (CCR): http://www.ccr,aov Worksheet to help you register with CCR: http://www.ccr.gov/CCRRegTemolate.odf (7 -page PDF) Obtain usemames and passwords for AORs: https:/Iaooly.Grants.gov/OrcRegister Grants.gov: http://www.Grants.gov Grants.gov Helpdesk: supoort@Grants.aov Grants.gov Customer Support Tutorials and Manuals: http://www.grants.gov/CustomerSupoort Grants.gov Support Line: 800.518.GRANTS (4726) 16 Secure Our Schools Program (50S) Obtaining a DUNS Number The federal government requires that all applicants for federal grants and cooperative agreements with the exception of individuals other than sole proprietors have a DUNS number. (See policy at: http://www.omb.çov/arants/arants docs.) The federal government will use the DUNS number to better identify related organizations that are receiving funding under grants and cooperative agreements, and to provide consistent name and address data for electronic grant application systems. Data Universal Numbering System (DUNS) Number The Data Universal Numbering System (DUNS) number is a unique nine-digit identification number provided by Dun & Bradstreet (D&B). The DUNS number is site-specific. Therefore, each distinct physical location of an entity (such as branches, divisions, and headquarters) may be assigned a DUNS number. Organizations should try to keep DUNS numbers to a minimum. In many instances, a central DUNS number with a DUNS number for each major division/department/agency that applies for a grant may be sufficient. The requestor may obtain an on-the-spot DUNS number assignment by telephone at 866.705.5711. Obtaining a DUNS Number You should verify that you have a DUNS number or take the steps needed to obtain one as soon as possible, if there is a possibility you will be applying for future federal grants or cooperative agreements. There is no need to wait until you are submitting a particular application. If you already have a DUNS number. If you, as the entity applying for a federal grant or cooperative agreement, previously obtained a DUNS number in connection with the federal acquisition process or requested or had one assigned to you for another purpose, you should use that number on all of your applications. It is not necessary to request another DUNS number from D&B. You may request D&B to supply a family-tree report of the DUNS numbers associated with your organization. Organizations should work with D&B to ensure the right information is on the report. Organizations should not establish new numbers, but use existing numbers and update/validate the information associated with the number. If you are not sure if you have a DUNS number. Call D&B using the toll-free number 866.705.5711, and indicate that you are a federal grant applicant or prospective applicant. D&B will tell you if you already have a number. If you do not have a DUNS number, D&B will ask you to provide the information listed on page 18 and will immediately assign you a number, free of charge. If you know you do not have a DUNS number. Call D&B using the toll-free number 866.705.5711, and indicate that you are a federal grant applicant or prospective applicant. D&B will ask you to provide the information listed below and will immediately assign you a number, free of charge. 17 Secure Our Schools Program (SOS) Managing Your DUNS Number D&B periodically contacts organizations with DUNS numbers to verify that their information is current. Organizations with multiple DUNS numbers may request a free family tree listing from D&B to help determine what branches/divisions have numbers and whether the information is current. Please call the dedicated toll-free DUNS number request line at 866.705.5711 to request your family tree. D&B recommends that organizations with multiple DUNS numbers have a single point of contact for controlling DUNS number requests to ensure that the appropriate branches/ divisions have DUNS numbers for federal purposes. As a result of obtaining a DUNS number you have the option to be included on D&B's marketing list that is sold to other companies. If you do not want your name/organization included on this marketing list, request to be de-listed from D&B's marketing file when you are speaking with a D&B representative during your DUNS number telephone application. Obtaining a DUNS number is absolutely free for all entities doing business with the federal government. This includes grant and cooperative agreement applicants or prospective applicants and federal contractors. Be certain that you identify yourself as a federal grant applicant or prospective applicant. To Obtain Your DUNS Number Please call the dedicated toll-free DUNS number request line for federal grant and cooperative agreement applicants or prospective grant applicants at: 866.705.5711 The number is staffed from 8 a.m. to 6 p.m. (local time of the caller when calling from within the continental United States). Calls placed to the above number outside of those hours will receive a recorded message requesting the caller to call back between the operating hours. I The process to request a number takes about 5-10 minutes. A DUNS number will be assigned at the conclusion of the call. You will need to provide the following information: Legal Name Headquarters name and address for your organization Doing business as (DBA) or other name by which your organization is commonly known or recognized Physical address, city, state and zip code Mailing address (if separate from headquarters and/or physical address) Telephone number Contact name and title Number of employees at your physical location. 18 Secure Our Schools Program (SOS) Audit Requirement OMS Circular A-133 establishes the requirements for organizational audits that apply to COPS grantees. Grantees must arrange for the required organization-wide (not grant-by-grant) audit in accordance with the requirements of this circular. Civil Rights All recipients of federal grant funds are required to comply with nondiscrimination requirements contained in various federal laws. All applicants should consult the Assurances form to understand the applicable legal and administrative requirements. Please be advised that a hold may be placed on this application if it is deemed that the applicant agency is not in compliance with federal civil rights laws and/or is not cooperating with an ongoing federal civil rights investigation. Legal Requirements: Grant Terms & Conditions The following section describes all of the compliance terms and conditions that applicants should be aware of before applying to COPS programs. The table below further defines which of the legal requirements are applicable to the program for which you are applying. Please review each section carefully. The signatures of the applicant's Authorized Organizational Representative, Law Enforcement Executive, and Government Executive on Section 13: Certification of Review and Representation of Compliance with Requirements of the COPS Application Attachment to the SF-424 assures the COPS Office that your agency wUl comply with all legal and administrative requirements that govern the applicant for acceptance and use of federal grant funds. Key: Y - Yes N - No P - Possibly (dependent upon particular agency regulations or items requested) FY 2007 I. II. III. IV. V. VI. VII. Program Assurances Certifications Disclosure Non- Procurement Criminal Mitigate Possible of Lobbying supplanting & Sole Source Intelligence Adverse Health, Activities Justification Systems/28 Safety, and C.F.R. Part 23 Environmental Impacts 50S Y Y P Y P P N 19 Secure Our Schools Program (SOS) I. & II. Assurances & Certifications Applicants to COPS programs are required to submit the standard Assurances form and the standard Certifications form signed by the Law Enforcement Executive and Government Executive named on the COPS Application Attachment to the SF-424. Please read these documents carefully as signatures on these documents are treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered grant. III. Disclosure of Lobbying Activities This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of a covered federal action, or a material change to a previous filing, pursuant to title 31 U.S. C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity 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 a covered federal action. Refer to the implementing guidance published by the Office of Management and Budget for additional information. If this applies to your agency, you are required to submit the Disclosure of Lobbying Activities (SF- LLL) as an attachment to your application. Complete all items that apply for both the initial filing and matertal change report. IV. Nonsupplanting Requirement Grant funds may not be used to replace state or local funds (or, for tribal grantees, Bureau of Indian Affairs funds) that would, in the absence of federal aid, be made available for law enforcement. Instead, grant funds must be used to increase the total amount of funds that would otherwise be made available for law enforcement purposes. A grant recipient may not use federal grant funds to pay for any item or costs associated with this request that the recipient is already obligated to pay. Funds allocated to pay for law enforcement costs irrespective of the grant may not be reallocated to other purposes or refunded should a COPS grant or cooperative agreement be awarded. Non-federal funds must remain available for and devoted to that purpose, with COPS funds supplementing those non-federal funds. All funding awarded cannot be obligated until after the grant award start date (unless an exception is authorized in wrtting by the COPS Office). This means that COPS funds cannot be applied to any agency cost prtor to the award start date. In addition, all awardees will be expected to take active and timely steps pursuant to their standard purchasing procedures to fully fund law enforcement costs already budgeted as well as fill all locally-funded vacancies resulting from attrttion during the life of the grant. The possibility of supplanting will be the subject of careful application review, possible pre-award review, and post-award monitoring and audit. Any supplanting of non-federal funds by COPS grant funds may be grounds for potential suspension or termination of grant funding, recovery of misused funds, and applicable legal sanctions. 20 If you have questions conceming the nonsupplanting requirement while completing this application, please contact the COPS Office at 800.421.6770 for further information. Secure Our Schools Program (SOS) V. Procurement & Sole Source Justification Sole source, or procurement by noncompetitive proposals, is procurement through solicitation of a proposal from only one source, or after solicitation of a number of sources, competition is determined inadequate. It must adhere to the standards set forth in the Uniform Administrative Requirements, 28 CFR § 66.36 or 28 CFR § 70 (as applicable). For the purchase of equipment, technology or services under a COPS grant award, grant recipients must follow their own policies and procedures on procurement as long as those requirements conform to the federal procurement requirements set forth in 28 CFR § 66.36 and 28 CFR § 70 (as applicable). If a grant recipient determines that the award of a contract through a competitive process is infeasible, and if one of the following circumstances applies: (1) the item/service is available only from one source; (2) the public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; or (3) competition is determined inadequate after solicitation of a number of sources, the grant recipient must seek written authorization from the COPS Office for sole source procurements in excess of $100,000. Written approval for sole source procurements from the COPS Office must be received prior to purchasing equipment, technology or services, obligating funding for a contract, or entering into a contract with grant funds. Requests for sole source procurements of equipment, technology or services in excess of $100,000 must be submitted to the COPS Office in writing certifying that the award of the contract through full and open competition is infeasible. The sole source request must be prepared on department letterhead. The request should also include the following information: Section 1- A brief description of the project, the amount to be designated for the sole source procurement, and the purpose of the contract. Section 11- A statement identifying which one (or more) of the three circumstances identified below apply to the procurement transaction and an explanation as to why it is necessary to contract in a noncompetitive manner. Include supporting information as identified below under the applicable section(s). The item/service is available only from one source. · Contractor's expertise linked to the current project (e.g., knowledge of project management, responsiveness, experience of contractor personnel, prior work on eartier phases of project, etc.) · Uniqueness of items to be procured from the proposed contractor or vendor (compatibility, patent issues, etc.) · Any additional information that would support the case The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation. When the contractual coverage is required by your department and why Impact on project if deadline/dates are not met How long it would take an alternate contractor to reach the same required level of competence (equate to dollar amounts, if desired) Any additional information that would support the case 21 Secure Our Schools Program (SOS) Competition is determined inadequate after solicitation of a number of sources. Results of a market survey to determine competition availability; if no survey is conducted, please explain why not Any additional information that would support the case Section 111- A declaration that this action/choice is in the best interest of the agency. Upon receipt of the request for sole source authorization, the COPS Office will review to determine if competition is infeasible, and your agency will be contacted if any of the identified information is missing or if additional supporting information is required. If the COPS Office determines that the request does not meet the standards set forth above, the request will be denied. If you have any questions regarding the federal requirements that guide procurement procedures, please contact your program point of contact at 800.421.6770. VI. Criminal Intelligence Systems/28 C.F.R. Part 23 Compliance If your agency is receiving COPS funding for equipmenUtechnology that will be used to operate an interiurisdictional criminal intelligence system, you must agree to comply with the operating principles found at 28 C.F.R. Part 23. An "interjurisdictional criminal intelligence system" is generally defined as a system which receives, stores, analyzes, and exchanges or disseminates data regarding ongoing criminal activities (such activities may include, but are not limited to, loan sharking, drug or stolen property trafficking, gambling, extortion, smuggling, bribery, and public corruption) and shares this data with other law enforcement jurisdictions. 28 C.F.R. Part 23 contains operating principles for these inte~urisdictional criminal information systems which protect individual privacy and constitutional rights. If you are simply using the COPS funds to operate a single agency database (or other unrelated forms of technology) and will not share criminal intelligence data with other jurisdictions, 28 C.F.R. Part 23 does not apply to this grant. VII. Certification to Mitigate Possible Adverse Health, Safety, and Environmental Impacts The National Environmental Policy Act (NEPA) of 1969, as amended (Pub. Law 91-190; 42 U.S.C. 4321 ~) establishes a national goal of protecting the environment. NEPA's requirements apply to federal projects, decisions, or actions, including grants in aid, that might have a significant impact on the quality of the human environment. For example, renovation and construction projects initiated by state or local law enforcement agencies with grant funding from the Office of Community Oriented Policing Services (COPS), U.S. Department of Justice are subject to NEPA. These projects are usually also subject to related environmental impact review and consultation provisions within the following environmental statutes and executive orders: Coastal Zone Management Act; Coastal Barrier Resources Act; Clean Air Act; Safe Drinking Water Act; Federal Water Pollution Control Act; Endangered Species Act; Wild and Scenic Rivers Act; National Historic Preservation Act; Farmland Protection Policy Act; and executive orders related to protection of wetlands, floodplain management, and environmental justice. 22 Secure Our Schools Program (SOS) It is COPS' policy to minimize harm to the environment and we may reject proposals or encourage the modification of projects which have adverse environmental impacts. No grant funds may be awarded and/or expended for a specific construction proposal until an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) has been completed and COPS has issued a Finding of No Significant Impact (FONSI) or has approved the EIS. Suspension or Termination of Funding The COPS Office may suspend, in whole or in part, or terminate funding, or impose other sanctions on a grantee for the following reasons: Failure to substantially comply with the requirements or objectives of the Public Safety Partnership and Community Policing Act of 1994, program guidelines, or other provisions of federal law Failure to make satisfactory progress toward the goals or strategies set forth in this application Failure to adhere to grant agreement requirements or special conditions Proposing substantial plan changes to the extent that, if originally submitted, would have resulted in the application not being selected for funding Failure to submit required or requested reports Filing a false statement or certification in this application or other report or document Other good cause shown. Prior to imposing sanctions, the COPS Office will provide reasonable notice to the grantee of its intent to impose sanctions and will attempt to resolve the problem informally. Appeal procedures will follow those in the U.S. Department of Justice regulations in 28 CFR Part 18. False statements or claims made in connection with COPS grants may result in fines, imprisonment, debarment from participating in federal grants or contracts, and/or any other remedy available by law. Please be advised that grantees may not use COPS funding for the same item or service also funded by an Office of Justice Programs (OJP) award. 23 Required Application Documents & Sections for SOS Applications Listed below is a chart that shows the required documentation that must be completed and submitted for your application to be considered complete. Failure to submit all required documentation at the time of application may delay processing and/or result in the denial of your application. Unless otherwise noted, each section listed must be completed in its entirety. You can use this chart as an application checklist to ensure you have met all of the necessary requirements. Required? Application Documents & Sections Yes, No or Possible Completed? (dependent upon agency) 1. Standard Form 424 Yes D 2. COPS Application Attachment to SF·424 Yes D Section 1: COPS Program Request Yes D Section 2: Application Information Yes D Section 3: Waivers of the Local Match No D Section 4: Executive Information Yes D Section 5: Law Enforcement & Community Policing Strategy No D Section 6: Continuation of Project After Federal Funding Ends No D Section 7: Need for Federal Assistance Yes D Section 8: Executive Summary Yes D Section 9: Project Description (Narrative) Yes D Section 10: Budget Narrative Yes D Section 11: Memorandum of Understanding No D Section 12: Official Partner(s) Contact Yes (list individual schools andlor school D Information districts) Section 13: Certification of Review and Representation of Compliance with Yes D Requirements Section 14: Standard Assurances Yes D Section 15: Standard Certifications Yes D 3. Standard Form LLL: Disclosure of Lobbying Activities Possible D 4. Budget Detail Worksheets Yes D (Sections B, C, D, E, F, G and Budget Summary) 24 Secure Our Schools Program (50S) WHAT AN APPLICATION MUST INCLUDE: REQUIRED FORMAT & OTHER IMPORTANT INFORMATION FOR SUBMISSION General Information All of the required materials should be bound together with a binder clip or stapled. Please do not bind your application in spiral binders, report covers, or in any similar way (not applicable if applying online via Grants.gov). Please do not include any confidential data or reports with your application. Please return one original and two copies of all application materials (not applicable to applications received via Grants.gov). Please be advised that the failure to submit all required documentation by the deadline may delay the processing of your application, and/or may result in suspension or deobligation of SOS grant funding awarded to your agency. Executive Summary Applicants are required to complete Section 8 of the COPS Application Attachment to the SF-424 Form. Briefly summarize how your agency will use this grant funding. Please include how you expect this grant to impact public safety and/or child welfare in your community. This information may be used to keep Congress or other executive branch agencies informed on law enforcement strategies to deter crime in your community. If you have any questions about this please contact your Grant Program Specialist at 800.421.6770. Please limit your response to 400 words or less. Project Description (Narrative) Agencies that seek funding under this program are required to submit a separate narrative addressing each of the following areas. This section should contain information from official school discipline, conduct, or crime data from the partner school(s) participating in this project during the period of September 1, 2005 - August 31, 2006. Your agency is not required to submit supporting documentation with this application, however, your agency must maintain copies of the records used in this grant submission for future review in the event of site visit, audit, or other request. Data used must be data that was recorded in official records. The proposal length is up to the discretion of your agency, but it is highly recommended that it be kept to a maximum of two pages and address the specific information described below. 25 Secure Our Schools Program (50S) A. Assessment of Existing Problems State the total number of detentions, suspensions, expulsions, and incidents reported to the police that took place on school property. Please also state the total number of incidents that took place at the partner school(s) for each of the following: · homicides · sex offenses · assault/fights · stolen property (including theft from student lockers) · threats to school property (for example, bomb threats) · possession of weapons · vandalism/graffiti · possession/sale of drugs · underage drinking · truancy · theft from motor vehicles · disorderly conduct To facilitate application review, please provide the data listed in a table format. B. Population Served Please state the total number of students enrolled at the start of the 2005-2006 school year in the partner school(s) for which you are requesting funding. Do not include the population for schools where you may have jurisdiction, but are not partnering with under this application. C. Current/Planned Crime Prevention Activities Please detail how the school project will improve your agency's ability to deter juvenile delinquency and improve security. Budget Narrative All applicants must submit the Budget Narrative as described in Section 10 of the COPS Application Attachment to the SF-424. The signatures of the applicant's Authorized Organizational Representative, Law Enforcement Executive/Program Official and Government Executive/Financial Official, and any applicable program partners on Section 13: Certification of Review and Representation of Compliance with Requirements of the COPS Application Attachment assures the COPS Office that you will abide by the certifications provided within your narrative. 26 Secure Our Schools Program (50S) Mailing Address Completed proposals should be mailed (if not applying through Grants.gov) to the address listed below. Original signatures are required, therefore we cannot accept faxes, Please send your completed application package to the COPS Office by June 15, 2007. Please return one original and two copies of all apDlication materials (not applicable to applications received via Grants.gov). Office of Community Oriented Policing Services Secure Our Schools Control Desk U.S. Department of Justice 1100 Vermont Avenue, N.W., 8th floor Washington, D.C. 20530 (overnight 20005) Please keep one copy of your application for your records. Selection Criteria Funding selections are ultimately based on a number of factors, including extent of problem reported in Part A of Project Description, application completeness and accuracy, and the implementation of previous COPS grants (including the timely submission of programmatic progress reports and financial status reports). Sample Budget Narrative and Budget Detail Worksheet Important note: Sections B, C, D, E, F, G and the Budget Summary are the only sections of the COPS Budget Detail Worksheets that are applicable to the COPS Secure Our Schools (SOS) grant program. Only some of the sections that apply to the SOS grant are included in this sample. Applicants should not request items under any of the other categories. For more information, please see the COPS SOS Federal Funding: Allowable and Unallowable Costs section. SAMPLE BUDGET NARRATIVE Equipment: 5 Pelco Diaital Recorders (,( ,<: " \ ,./ .' The Safetown High school has a school exte9pr camera, S¥ste!JIihat is inadequate and outdated. The school district has had a largè\iQflux of 'nèW~stúdents and anticipates that the student population will conti~~-'Q:rQ~;':5{1e JlEj:wvcamera system is a digital system, which utilizes a web-based te6tì'~lo,gf. Thi~'állow the school and the police d~partment t~e ability to.moni~or s'Ôtt6~gr~\:I~,ds u.t~lizing the web. This new technology will also provide the pohce~ ufÌ'r~0o~~:.ca~blhty when alarms are generated from the school. Based on oli~,,\~a(~\thè-,~timated cost per unit for the recorders is $8,708. Total for Diaital Recor<lèrs..y3,540 I: "'''-..... " '" \ \ '<:>'>-. 'v 3 Toshiba·S te lite A 'a to s The SafetcMó P9lige '~partment requests the purchase of 3 laptops to ensure networking btttre-eVR, Systems and the mobility of the security staff. The laptops will be used at variou~)~dations on and off campus, depending on high school activities and events. Baséd"6n our research, the estimated cost per unit is $ 5,500. Total cost: $16,500 27 Secure Our Schools Program (SOS) C. EQUIPMENTITECHNOLOGY No EquipmentfTechnology Requested 0 Instructions: List non-expendable items that are to be purchased. Non-expendable equipment is tangible property (e.g., technology) having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. Expendable items should be included either in the "SUPPLIES" or "OTHER" categories. Applicants should analyze the cost benefits of purchasing versus leasing equipment, especially for high-price items and those subject to rapid technical advances. Rented or leased equipment costs should be listed in the "CONTRACTS/CONSULTANTS" category. Pursuant to the Continuing Appropriations Resolution, 2007 (P.L. 110-005), be advised that, to the greatest extent practical, all equipment and products purchased with these funds must be American-made. For agencies purchasing items related to enhanced communications systems, the COPS Office expects and encourages that, wherever feasible, such voice or data9~munications equipment should be incorporated into an intra· or interjurisdictional strategy fOf~mmunJcations interoperability among federal, state, and local law enforcement agencies.'<:"v;> \ //> See the COPS Application Guide for a list of allowable/~h~!~able c~t~~ particular program for which you are applying. .<:<:::::,~..\.,,,,,, // . "'~'~;/ ('''' 'v./ Unit/Item Description \".Ç "... ./ . Per Item \ "'. ,omRu~tIon (# d\ ~øm,!/~n~Unit Cost) Subtotal ~ Pelco Digital Recorders "'~'>'" \ \ :>..) $ 43,540 "J>.~.i:j\ X_8,708~ (~, ~'\ .\\ -.......,./' Toshiba-Satellite A75 Laptop~, \',,:~ ""~~"9- X_5,500~ $ 16,500 /? \'v( r,..J ) ( X $ ~~) \) ( X ) $ ¿/ ( X ) $ ( X ) $ ( X ) $ ( X ) $ ( X ) $ ( X ) $ ( X ) $ ( X ) $ EQUIPMENT TOTAL: $ 60,040 Transfer to Budget Summary Line 3 Please include a detailed description for all items listed in the Budget Narrative 28 Secure Our Schools Program (SOS) BUDGET SUMMARY Instructions: When you have completed the Budget Detail Worksheets, please transfer the category totals to the spaces below. Please compute the Total Project Amount, Total Federal Share Amount, and Total Local Share. Please see the Application Guide for information on the maximum federal share and local matching requirements for the grant for which you are applying. Budget Category B. Civilian/Other Personnel C. EquipmentrTechnology D. Other Costs E. Supplies F. TravelfTraining G. Contracts/Consultants Category Total $ o .00 $ $ $ _30,020_. 00 Line # 2 3 4 5 6 7 ntact Information for Budget Questions Please provide contact i a'n of the financial official that the COPS Office may contact with questions related to your budget submission. Authorized Official's Typed Name: John a. Public Title: Finance Director Phone: (123) 456-7890 Fax: (123) 654-3210 E-mail Address: John.Public@LocaIPD.gov 29 Secure Our Schools Program (SOS) APPENDIXES Appendix A: Glossary of COPS Program Terms The following information is provided to assist you with the completion of your COPS grant program Application Forms. The list includes some of the most common terms that are used in the Application Forms. For additional assistance or clarification regarding any part of the application, please contact your Grant Program Specialist at 800.421.6770. Allowable Costs: Allowable costs are what a program funds. Authorized Officials: The authorized officials are the individuals in your organization who have final authority and responsibility for all programmatic and financial decisions regarding your application and, if awarded, your grant award. For law enforcement agencies, the listed law enforcement executive (usually Chief of Police, Sheriff, etc.) and the government executive (usually Mayor, Board President, etc.) are your agency's authorized officials. Authorized Organizational Representative: A person authorized by your E-business P~C to submit applications to Grants.gov. This privilege should be provided only to those individuals who currently have signature authority for submitting grant applications. The name of the individual designated as an AOR will be populated by the Grants.gov system in grant application package forms, which require signatures. An organization can assign as many AORs to use Grants.gov as necessary. If not applying electronically, the AOR should be the individual in your organization who has final responsibility for all programmatic and financial decisions regarding this application. Automated Booking System: An automated booking system captures arrestee fingerprints and photographic information electronically and often has the ability to transfer that information to a departmental or statewide database. Automated Fingerprint Identification System (AFIS): An AFIS system is a highly specialized biometrics system that compares a single fingerprint image with a database of fingerprint images. Fingerprint images are collected from crime scenes or are taken from criminal suspects when they are arrested. Fingerprint images may be captured by placing a finger on a scanner or by electronically scanning inked impressions on paper. Award Start Date: This is the date on or after which your agency is authorized to purchase items or hire positions that were approved by the COPS Office. If awarded, the award start date is found on your grant Award Document. Grantees may not make any purchases or hire any positions prior to this date without written approval from the COPS Office. Career Law Enforcement Officer: The COPS statute defines a "career law enforcement officer" as a person hired on a permanent basis who is authorized by law, or by a state or local public agency, to engage in or oversee the prevention, detection or investigation of violations of criminal laws. 30 Secure Our Schools Program (SOS) Catalog of Federal Domestic Assistance (CFDA): The CFDA is an annual government-wide publication that contains a description and index of all forms of federal assistance. Each program is assigned a "CFDA number," which is used by auditors to track grant revenues under the Single Audit Act. It is also used in participating states by State Single Points of Contact in conducting the required intergovernmental reviews under Executive Order 12372. The CFDA number for all COPS programs is 16.710. Central Contractor Registry (CCR): Institutions receiving any type of award from the federal government must register with CCR. Closeout: The process in which the awarding agency, the COPS Office, determines that all applicable administrative actions and all required work and conditions of the award have been completed and met by the recipient and awarding agency. Cognizant Federal Agency: The federal agency that generally provides the most federal financial assistance to the recipient of funds. Cognizance is assigned by the Office of Management and Budget (OMB). Community Oriented Policing: Community oriented policing is a policing philosophy that promotes and supports organizational strategies to address the causes and reduce the fear of crime and social disorder. This is achieved through problem-solving approaches and community- police partnerships. It enhances police professionalism by providing officers with the skills, technology, and motivation to act in innovative ways to solve community crime-related problems. Grant requests must be linked to the implementation or enhancement of community policing. All newly hired, additional officers (or an equal number of redeployed veteran officers) funded under COPS programs must engage in community policing activities. All equipment and technology items must be used to enhance community policing as outlined in your application. Computer Aided Dispatch (CAD) system: Computer database that can track calls for service, maintain status of units available, provide various reports, produce address histories, and support electronic mail. With the installation of integrated CAD systems, officers are able to receive calls for service on their mobile data terminals rather than over the radio. Radios can then be used only for serious emergencies. Consortium: A consortium is a group of two or more governmental entities that agree to form a partnership to provide law enforcement services to their constituent communities. COPS Finance Staff: The COPS Finance Staff handle your agency's financial and budgetary needs related to your application. A Staff Accountant is assigned to your state, and is available to answer any questions that you may have conceming the financial aspects of your grant, if awarded. To identify your Staff Accountant, please call the COPS Office Response Center at 800.421.6770, or visit the COPS web site at www.coDs.usdoLgov. 31 Secure Our Schools Program (SOS) COPS Office: The Office of Community Oriented Policing Services (COPS) is the office within the U.S. Department of Justice that, if awarded, is your "grantor" or "awarding" agency for your COPS grant or cooperative agreement. The COPS Office is responsible for administering your grant for the entire grant period. You can reach the COPS Office at 800.421.6770. DUNS Number: DUNS stands for "data universal numbering system." DUNS numbers are issued by Dun and Bradstreet (D&B) and consist of nine digits. If your institution does not have one, call 1-866-705-5711 to receive one free of charge. You can also request your DUNS number online at www.dnb.com/us. E.Business Point of Contact (POC): Person who will designate which staff members can submit applications through Grants.gov. When you register with CCR, your institution will be asked to designate an E-Business POCo Federally Recognized Tribe: Tribal entities that are recognized and eligible for funding and services from the Bureau of Indian Affairs by virtue of their status as Indian tribes. They are acknowledged to have the immunities and privileges available to other federally acknowledged Indian tribes by virtue of their government-to-government relationship with the United States as well as the responsibilities, power, limitation, and obligations of such tribes. Only Federally Recognized Tribes are eligible to apply for COPS grant funds. For further information, contact: Bureau of Indian Affairs, Division ofTribal Government Services, MS-4631-MIB, 1849 C Street, NW., Washington, D.C. 20240, 202.208.2475. Gas Mask: A gas mask is connected to a chemical air filter and is used to protect the face and lungs from toxic gases. Global Positioning System (GPS): The GPS comprises 30 geosynchronous satellites that continuously transmit information that allows receivers to detennine their own positions. Receivers are used in personal tracking, navigation, and automatic vehicle location systems. Grant Number: If awarded, the grant number identifies your agency's specific grant, and can be found on your grant Award Document. This number should be used as a reference when corresponding with the COPS Office. The COPS Office tracks grant information based upon this number. Interoperable Communications: Communications interoperability refers to the ability to talk across disciplines and jurisdictions via radio communications networks on demand, in real time. Interoperable communications equipment and technology is used to increase interoperability and data information sharing among the law enforcement, fire service, and emergency medical service communities. Local Budget Cycle: Your agency's fiscal year. Some common examples include January 1 to December 31, October 1 to September 30, and July 1 to June 30. Some local budget cycles may extend up to twenty-four (24) months. M.PIN: Password used by your e-business point of contact to designate which staff members can submit applications to Grants.gov. 32 Secure Our Schools Program (SOS) Matching Funds: What a locality must contribute as a cash match toward total allowable project costs over the life of the program. Mobile Data Computer/Laptop: A Mobile Data Computer (MDC) is a computer terminal mounted in a vehicle that is linked via wireless communication to a network that is often integrated with a CAD system. MDCs enable officers to complete previously handwritten reports on a computer. This often eliminates the need to enter duplicate information on multiple reports. Nationallncident.Based Reporting System (NIBRS): A comprehensive reporting database. Agencies provide individual records for eight index crimes and 38 other offenses. Obligation of Funds: If this application is awarded, the COPS Office "obligates" federal funds when the grant Award Document is signed by the Director or his/her designated official. For the grantee, grant funds are "obligated" when monies are spent directly on purchasing items approved under the grant or cooperative agreement. The term encumbrance is often times used at the local and state levels to describe this type of transaction. Liquidated obligations are considered cash outlays or monies actually spent. Unliquidated obligations are obligations incurred and recorded but not yet paid (accrual basis of accounting) or not yet recorded and not yet paid (cash basis of accounting). OJP Vendor Number/EIN Number: This is your agency's nine-digit federal tax identification number assigned to you by the IRS. Your accounting/bookkeeping department should have this number. If your EIN previously has been assigned to another agency within your jurisdiction, the Office of the Comptroller will assign a new OJP vendor number to you. The new assigned number is to be used for administrative purposes only, in connection with this grant program, and should not be used for IRS purposes. ORI (Originating Agency Identifier) Number: This number is assigned by the FBI and is your agency's originating agency identifier. The first two letters are your state abbreviation, the next three numbers are your county's code, and the final two numbers identify your jurisdiction within your county. When you contact the COPS Office with a question, you can use the ORI number, and we will be able to assist you. If you are a previous COPS grant recipient, you may have been assigned an ORI number through the COPS Office if the FBI had not previously assigned your agency this identifier number. Primary Law Enforcement Authority: An agency with primary law enforcement authority is the agency that is the first responder to calls for service, and has ultimate and final responsibility for the prevention, detection, and/or investigation of criminal laws within its jurisdiction. 33 Secure Our Schools Program (SOS) The Public Safety Partnership and Community Policing Act of 1994: The COPS Office is charged with fulfilling the mandates of this law. The purposes of the law are to: Increase the number of community policing officers on the beat Provide additional and more effective training to law enforcement officers to enhance their problem-solving, service, and other skills needed in interacting with members of the community Encourage the development and implementation of innovative programs to permit members of the community to assist law enforcement agencies in the prevention of crime Encourage the development of new technologies to assist law enforcement agencies in reorienting the emphasis of their activities from reacting to crime to preventing crime. Supplanting: COPS grant funds may not be used to supplant (replace) state, local, or Bureau of Indian Affairs funds that would be made available in the absence of federal COPS grant funding. Program funds must be used to increase the amount of state, local, or Bureau of Indian Affairs funds otherwise budgeted for the grant purposes, plus any additional state, local, or Bureau of Indian Affairs funds budgeted for these purposes. For further information regarding supplanting, please contact the COPS Office Legal Division at 202.514.3750. Waivers: A waiver of the local match requirement is available to applicants under some COPS programs that require a local match. Requests for a waiver are considered on a case-by-case basis and must be made at the time of the application. 34 Secure Our Schools Program (50S) Appendix B: Intergovernmental Review Process, Points of Contact by State Executive Order 12372 requires applicants from state and local units of government, or other organizations or individuals providing service within a state, to submit a copy of the application to the state Single Point of Contact (SPOC), if one exists, and if this program has been selected for review by the state. Before the application due date, you must contact your state SPOC to find out if this program has been selected for review and comply with the state's process under Executive Order 12372. Whether or not your SPOC requests a copy of your application, the original signed application and two copies should be retumed to the COPS Office. The Catalog of Federal Domestic Assistance reference for this program is number 16.710 ·Public Safety and Community Policing Grants." A current list of state SPOCs is set forth below. States that are not listed have chosen not to participate in the intergovernmental review process, and therefore do not have a SPOC. Arkansas Tracy L. Copeland Manager, State Clearinghouse Office of Intergovernmental Services Department of Finance and Administration 1515 W. 7th St., Room 412 Little Rock, AR 72203 Telephone: 501.682.1074 Fax: 501.682.5206 tlcooeland((j)dfa.state. ar. us District of Columbia Luisa Montero-Diaz Office of Partnerships and Grants Development Executive Office of the Mayor District of Columbia Government 441 4th Street, N.W., Suite 530 South Washington, DC 20001 Telephone: 202.727.8900 Fax: 202.727.1652 ooad.eom@dc.aov California Grants Coordination State Clearinghouse Office of Planning and Research P.O. Box 3044, Room 222 Sacramento, CA 95812·3044 Telephone: 916.445.0613 Fax: 916.323.3018 state.clearinghouse@oor.ca.gov Florida Jasmin Raffington Florida State Clearinghouse Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Telephone: 850.922.5438 Fax: 850.414.0479 cIearinahouse@dca.state.fl.us Delaware Charles H. Hopkins Executive Department Office of the Budget 540 S. Dupont Highway, 3rd Floor Dover, DE 19901 Telephone: 302.739.3323 Fax: 302.739.5661 chookins@state.de.us Georgia Georgia State Clearinghouse 270 Washington Street, S.W. Atlanta, GA 30334 Telephone: 404.656.3855 Fax: 404.656.7901 gach@maìl.oob.state.ga.us 35 · Secure Our Schools Program (50S) Illinois Virginia Bova Department of Commerce and Community Affairs James R. Thompson Center 100 West Randolph, Suite 3-400 Chicago, IL 60601 Telephone: 312.814.6028 Fax: 312.814.8485 vbova@commerce.state.¡l.us Iowa Steven R. McCann Division of Community and Rural Development Iowa Department of Economic Development 200 East Grand Avenue Des Moines, IA 50309 Telephone: 515.242.4719 Fax: 515.242.4809 steve. mccann@ided.state.¡a.us Kentucky Ron Cook Department for Local Govemment 1024 Capital Center Drive, Suite 340 Frankfort, KY 40601 Telephone: 502.573.2382 Fax: 502.573.2512 ran .cook(á)mail.state. ky. us Maine Joyce Benson State Planning Office 184 State Street 38 State House Station Augusta, ME 04333 Telephone: 207.287.3261 207.287.1461 (direct) Fax: 207.287.6489 joyce. benson@state.me.us Maryland Linda Janey Manager, Clearinghouse and Plan Review Unit Maryland Office of Planning 301 West Preston Street - Room 1104 Baltimore, MD 21201-2305 Telephone: 410.767.4490 Fax: 410.767.4480 linda@mail.op.state.md.us 36 Michigan Richard Pfaff Southeast Michigan Council of Governments 535 Griswold, Suite 300 Detroit, MI48226 Telephone: 313.961.4266 Fax: 313.961.4869 pfaff@semcoa.ora Mississippi Cathy Mallette Clearinghouse Officer Department of Finance and Administration 1301 Woolfolk Building, Suite E 501 North West Street Jackson, MS 39201 Telephone: 601.359.6762 Fax: 601.359.6758 Missouri Angela Boessen Federal Assistance Clearinghouse Office of Administration P.O. Box 809 Truman Building, Room 840 Jefferson City, MO 65102 Telephone: 573.751.4834 Fax: 573.522.4395 i9r(á)mail.oa.state. mo Nevada Heather Elliott Department of Administration State Clearinghouse 209 E. Musser Street, Room 200 Carson City, NV 89701 Telephone: 775.684.0209 Fax: 775.684.0260 helliott@aovmail.state.nv.us New Hampshire Jeffrey H. Taylor Director New Hampshire Office of State Planning Attn: Intergovernmental Review Process Mike Blake 2-1/2 Beacon Street Concord, NH 03301 Telephone: 603.271.2155 Fax: 603.271.1728 jtaylor@oso.state.nh.us .- . Secure Our Schools Program (50S) New Mexico Ken Hughes Local Government Division Room 201 Bataan Memorial Building Santa Fe, NM 87503 Telephone: 505.827.4370 Fax: 505.827.4948 khuahes(Q)dfa.state.nm. us Texas Denise S. Francis Director, State Grants Team Governor's Office of Budget and Planning P.O. Box 12428 Austin, TX 78711 Telephone: 512.305.9415 Fax: 512.936.2681 dfrancis@aovernor.state.tx.us North Carolina Jeanette Furney Department of Administration 1302 Mail Service Center Raleigh, NC 27699-1302 Telephone: 919.807.2323 Fax: 919.733.9571 jeanette. furnev(Q)ncmail. net North Dakota Jim Boyd Division of Community Services 600 East Boulevard Ave. Dept 105 Bismarck, NO 58505-0170 Telephone: 701.328.2094 Fax: 701.328.2308 ibovd(Q)state.nd.us Utah Carolyn Wright Utah State Clearinghouse Governor's Office of Planning and Budget State Capitol, Room 114 Salt Lake City, UT 84114 Telephone: 801.538.1535 Fax: 801.538.1547 cwright(q)gov.state. ut. us Rhode Island Kevin Nelson Department of Administration Statewide Planning Program One Capitol Hill Providence, RI 02908-5870 Telephone: 401.222.2093 Fax: 401.222.2083 knelson(Q)doa.state. ri. us West Virginia Fred Cutlip, Director Community Development Division West Virginia Development Office Building #6, Room 553 Charleston, WV 25305 Telephone: 304.558.4010 Fax: 304.558.3248 fcutlio@wvdo.org South Carolina Omeagia Burgess Budget and Control Board Office of State Budget 1122 Ladies Street, 12th Floor Columbia, SC 29201 Telephone: 803.734.0494 Fax: 803.734.0645 aburgess(éj2budget.state .sc. us Wisconsin Jeff Smith Section Chief, FederaVState Relations Wisconsin Department of Administration 101 East Wilson Street - 6th Floor P.O. Box 7868 Madison, WI 53707 Telephone: 608.266.0267 Fax: 608.267.6931 ieffrey.smith(ipdoa.state. wi. us 37 .. .: .. Secure Our Schools Program (SOS) TERRITORIES: American Samoa Pat M. Galea'i Federal Grants/Programs Coordinator Office of Federal Programs Office of the Governor/Department of Commerce American Samoa Government Pago Pago, AS 96799 Telephone: 684.633.5155 Fax: 684.633.4195 pmaaleai@samoatelco.com Guam Director Bureau of Budget and Management Research Office of the Governor P.O. Box 2950 Agana, GU 96910 Telephone: 011.671.472.2285 Fax: 011.472.2825 jer@ns.gov.gus Northern Mariana Islands Jacoba T. Seman Federal Programs Coordinator Office of Management and Budget Office of the Governor Saipan, MP 96950 Telephone: 670.664.2289 Fax: 670.664.2272 omb .iseman(q)saiDan .com Puerto Rico Jose Caballero / Mayra Silva Puerto Rico Planning Board Federal Proposals Review Office Minillas Government Center P.O. Box41119 San Juan, PR 00940-1119 Telephone: 787.723.6190 Fax: 787.722.6783 Virgin Islands Ira Mills Director, Office of Management and Budget #41 Norre Gade Emancipation Garden Station Second Floor Saint Thomas, VI 00802 Telephone: 340.774.0750 Fax: 340.776.0069 Irmills@usvi.org PAPERWORK REDUCTION ACT NOTICE The public reporting burden for this collection of information is estimated to be up to one hour per response, depending upon the COPS program being applied for, which includes time for reviewing instructions. Send comments regarding this burden estimate or any other aspects of the collection of this information, including suggestions for reducing this burden, to the Office of Community Oriented Policing Services, U.S. Department of Justice, 1100 Vermont Avenue, N.W., Washington, D.C. 20530; and to the Public Use Reports Project, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, D.C. 20503. You are not required to respond to this collection of information unless it displays a valid OMB control number. The OMB control number for this application is 1103-0096 and the expiration date is 02/29/2008. 38 ~ .. ~ FOR MORE INFORMATION: U.S. Department of Justice Office of Community Oriented Policing Services 1100 Vermont Avenue, N.W. Washington, DC 20530 To obtain details on COPS programs, call the COPS Response Center at 800.421.6770 Visit COPS Online at the address listed below. e03072869 Created Date: March 28, 2007 AGENDA REQUEST ITEM NO. C-6a-. DATE: 6-12-07 REGULAR [] PUBLIC HEARING [] CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Debbie Brisson/Parks & Recreation Director SUBMITTED BY: Parks & Recreation/Summer Camps SUBJECT: Contract with Weed & Seed of St. Lucie County BACKGROUND: Weed and Seed of St. Lucie County approached Parks and Recreation about enrolling children living within the Weed and Seed boundaries in summer camps run by the Recreation Division this summer. The Recreation Division was able to accommodate 48 children ranging in age from 5 to 14 in three of the camps for 10 weeks. Weed and Seed is providing the funding for these children and a contract is necessary in orderfor the county to be paid. Funding provides for the weekly fee of $45 and any field trips or admissions charged for places they will go. The total is $28,800. County procedures require that grant procedures be followed in order to accept this funding. At this time, staff is requesting permission to apply for funding from Weed and Seed of St. Lucie County in the amount of $28,800. Authorize the Chairman to sign the contract. FUNDS AVAILABLE: Funds will be allocated in 001-7216-347213-7102 (Recreation, Lincoln Park Comm. Center, Summer Camp revenues) and 001-7216-347213-7103 (Recreation, Sports and Athletics, Summer Camp revenues). RECOMMENDATION: Staff requests the Board grant permission to apply for funding from Weed and Seed of St. Lucie County to enroll 48 children in Parks and Recreation summer camps and authorize the Chairman to sign the contract. COMMISSION ACTION: [X APPROVED [] DENIED [ ] OTHER: Approved 5-0 ou . Anderson County Administrator Review and Approvals Originating Dept. ~ ~ Other Management & BUdg,lÞ~\!A'Þ m~ ~/ Purchasing: County Attorney: ~ ,{' - ,~......... '. -.' ::7'.' ~"." '., ",: - - . .. .. """-, Parks and Recreation Department Memorandum From: Board of County Commissioners Linda Barton, Assistant Director ~ To: Subject: Approval of Agenda Item #C-6 Date: 5/25/2007 Weed and Seed of St. Lucie County approached Parks and Recreation about enrolling children living within the Weed and Seed boundaries in summer camps run by the Recreation Division this summer. The Recreation Division was able to accommodate 48 children ranging in age from 5 to 14 in three of the camps for 10 weeks. Weed and Seed is providing the funding for these children and a contract is necessary in order for the county to be paid. Funding provides for the weekly fee of $45 and any field trips or admissions charged for places they will go. The total is $28,800. County procedures require that grant procedures be followed in order to accept this funding. At this time, staff is requesting permission to apply for funding from Weed and Seed of St. Lucie County in the amount of $28,800. Authorize the Chairman to sign the contract. LB: em Attachment cc: D. Anderson, County Administrator R. Wazny, Assistant County Administrator Chron File Contract Agreement Between Weed and Seed of St. Lucie County And St. Lucie County Parks and Recreation PROVIDER (Collaborative Partner) (GRANT # 2006-WS-Q6-0226) The mission of the Community Capacity Development Office (CCDO) is to promote comprehensive strategies to reduce crime and revitalize communities. CCDO helps communities help themselves, enabling them to reduce violent and drug crime, strengthen community capacity to increase the quality of life, and promote long-term community health and resilience. The primary mission of the Weed and Seed strategy and the above named Provider in supporting the CCDO mission is to: · Develop a comprehensive community based strategy · Coordinate government & private-sector initiatives, criminal justice efforts, and community services · Mobilize community residents to assist law enforcement · Assist human service agencies in identifying and responding to social needs · Participate more fully in the community planning and decision-making processes This AGREEMENT made as of this day of ,2007, for the period of through , concerning Grant #2006- WS-Q6-0226 between the Weed and Seed ofSt. Lucie County, hereinafter referred to as WEED AND SEED, and the above named Provider, hereinafter referred to as the PROVIDER: WHEREAS, the PROVIDER is a qualified provider whose application for CCDO funds has been accepted by Weed and Seed; WHEREAS, WEED AND SEED reserves the right to accept, reject, or negotiate modifications to any proposal, as it shall in its sole discretion deem to be in its best interest. WHEREAS, WEED AND SEED has determined that it is in the best interest of Weed and Seed of St. Lucie County to enter into this Agreement with the PROVIDER. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows: 1. PROVIDER agrees to provide the services as specified in the Agreement for funding during the specified time frame of through contract with st. lucie county parks and recreation.doc Page 1 of2 2. PROVIDER agrees to provide a Proposal by completing a "Funding Request Fonn" to WEED AND SEED, a copy of which will remain on file with WEED AND SEED. 3. WEED AND SEED agrees to pay the PROVIDER an amount not to exceed $28.800 for after- school programs, as set forth in the grant application, specifically as detailed in the proposal made by PROVIDER and attached hereto. 4. PROVIDER agrees to provide a criminal screening background report on employees and volunteers who work with or have responsibilities over children, the elderly, and individuals with disabilities; the report must be dated within three (3) months of this proposal. Background Screening is required by a special condition ofthe Weed and Seed grant. The PROVIDER may request that Weed and Seed assist in paying for background screening to done if needed. 5. PROVIDER agrees to comply with the provisions set forth in CCDO Grant #2006-WS-Q6-0226, the PROVIDER Funding Request Fonn as accepted by the WEED AND SEED Steering Committee, this Contract Agreement and as specified below: a) Any purchase being made with WEED AND SEED funds requires PROVIDER to document all expenditures to show reasonable and effective use of the funds. b) The PROVIDER will submit a bi-monthly report to WEED AND SEED with the Goal. Ob;ective. and Outcomes Measures to include a narrative description of the activities, success of the project, percentages of participation ratios, and demographics reflecting participation by members of the Weed and Seed target area. c) Any acknowledgements or press releases regarding this project will include mention of the support of "Weed and Seed of St. Lucie County" and the use of the WEED AND SEED logo whenever possible. 6. PROVIDER agrees to comply with the Mini-grants (Sub-grants) Procedures. Sites intending to award mini-grants (Sub-grants) must ensure that those mini-grant awards will be made for criminal justice purposes. Mini-grants made for anything other than criminal justice purposes will be deemed unallowable expenses. "Criminal justice" is defined as "activities pertaining to crime prevention, control, or reduction, or the enforcement of the criminal law, including, but not limited to, police efforts to prevent, control, or reduce crime or to apprehend criminals, including juveniles, activities of courts having criminal jurisdiction, and related agencies (. . .), activities of corrections, probation, or parole authorities and related agencies assisting in the rehabilitation, supervision, and care of criminal offenders, and programs relating to the prevention, control, or reduction of narcotic addiction and juvenile delinquency." IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized officials. Collaborative Partner, PROVIDER BY: ADAM M. FETTERMAN SITE COORDINATOR BY: BY: CHAIRPERSON, WEED & SEED OF ST. LUCIE COUNTY Authorizing Official Page 20f2 From: To: Date: Subject: Attachments: Linda Barton Messier, Elaine 5/24/2007 11:55 AM Fwd: Agenda item Agenda item Elaine, Can you do memo and get the Budget Amendment from OMB. The date is June 12th and the agenda # is C-6 thank you. LB AGENDA REQUEST ITEM NO. C-6B DATE: 6-12-07 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Debbie Brisson, Director SUBMITTED BY: Parks & Recreation/Lakewood Park Regional Park SUBJECT: Change Fund for Lakewood Park Pool BACKGROUND: In anticipation of Lakewood Park Regional Park opening, it is time to request a change fund for the pool. There will be an admissions charge for the pool, consistent with the admissions at all other pools. In order to collect the fees and make change, a $50 change fund is requested. County policy requires the Board approve this transaction. FUNDS AVAILABLE: 001-0000-102713-000 (General Ledger/Change Fund) RECOMMENDATION: Staff requests the Board approval of a $50 change fund for the new Lakewood Park Regional Park pool. IX APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: Approved 5-0 County Attorney: ~~~ Originating Dept. b----1 . Other: P' Review and APproval~", . ~ Management & BUd9~[) ....-...... Purchasing: ~ .. t· .-. . . . .. . Parks and Recreation Department Memorandum From: Board of County Commissioners Linda Barton, Assistant Directorj;z-- Approval of Agenda Item #C-6B To: Subject: Date: 5/25/2007 In anticipation of Lakewood Park Regional Park opening, it is time to request a change fund for the pool. There will be an admissions charge for the pool, consistent with the admissions at all other pools. In order to collect the fees and make change, a $50 change fund is requested. County policy requires the Board approve this transaction. LB: em Attachment cc: D. Anderson, County Administrator R. Wazny, Assistant County Administrator Chron Fi Ie AGENDA REQUEST ITEM NO: C-6C DATE: June 12, 2007 REGULAR PUBLIC HEARING CONSENT [ X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Debra Brisson SUBJECT: PERMISSION TO ADVERTISE THE REMOVAL AND REPLACEMENT OF ASBESTOS SIDINGS (PARKS DIVISION - WILL FEE ROAD CONPOUND) BACKGROUND: The Parks Division Grounds Maintenance and Public Properties Crews are currently housed in two small and old buildings located on Will Fee Road (immediately north of the entrance to the service garage). Over the years, these buildings have been neglected, and are in need of repair. In April 2007 , Central Services replaced the roofs on both structures; upon further inspection by the Risk Management Division, the sidings (see attached photographs) were tested positive for "Cateeorv I Non-friable ACM Asbestos". Staffis requesting the Board's approval of Budget Amendment BA07 -060 to use $35K of general fund contingency and advertise for bid to rectify the problem. FUNDS WILL BE MADE AVAILABLE IN: 001-7210-562000-700 Parks (Building) RECOMMENDATION: Staffs recommends the Board's approval of budget amendment BA07-060, and use $35K from the General Fund Contingency to advertise for bid and remove/replace the sidings on the two small structures at the Will Road compound. COMMISSION ACTION: [~APPROVED [] DENIED CONCURRENCE: [ ] OTHER: Approved 5-0 Do . Anderson County Administrator County Attorney' ~ ~ Manag,ment & BUdg'~t1b Originaring D'Pt ft( W Oth", C:\PARKS\AGENDAS\6-12-07 WILL FEE ROAD BLDGS ASBESTOS SIDINGS.DOC Coordination/Signatures ~ Purchasing: Admin/Finance (if applicable) BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Parks & Recreation PREPARED DATE: 5/24/2007 AGENDA DATE: 6/12/2007 ACCOUNT. NUMBER ACCaUNTNAME AMOUNT TO: 001-7210-562000-700 Buildings $35,000 FROM: 001-9910-599100-800 Contingency $35,000 REASON FOR BUDGET AMENDMENT: To remove and replace the asbestos sidinqs on two small buildings located at the Will Fee Road Complex. CONTINGENCY BALANCE: $216,877 THIS AMENDMENT: $35,000 REMAINING BALANCE: $181,877 DEPARTMENT APPROVAL: OMB APPROVAL: ·:II"Vrr BUDGET AMENDMENT #: BA07-060 DOCUMENT # & INPUT BY: DEPARTMENT FISCAL YEAR 2006-2007 FUNDS APPROVED FROM CONTINGENCY GENERAL FUND AMOUNT REMAINING: $216,877 ITEM ACCOUNT # Approved Budget Contingency 001-9910-599100-800 BA07-004 BA07 -007 BA07 -008 Line-to-Line BA07 -014 BA07-023 BA07-024 BA07-029 BA07-033 BA07-041 Line-to-Line BA07-045 BA07 -050 BA07-050 BA07-051 BA07-056 BA07-055 Old Civic Center Parking Lot Savannas Emergency Sewer Repairs Harbour Pointe Three-Phase Service Interfund Loan to complete ADA improvements @ Tradition Field Item C11 Reimbursement Ft Pierce CRA Ref BA07-008 New project for Env Resources ADA Review for new Special Needs Facility Internal Loan for Minor League Complex AC. Replacement @ Tradition Field Editor for Media For repairs on generators that are being kept at the EOC. Architechtural services at S1. Lucie County Fairgrounds Tradition Field Beer Line Replacement Center-Aisle seating package for passenger van. Partial repayment for ADA improvements @ Tradition Field (not used) Heathcote Botanical Gardens Match Media Relations to upgrade the SLCTV Production Control Room Info Technology-Phase 1 SLC Sheriff Security Impvmt Plan County Atty - Additional Litigation Services Total used: Balance Available Proposed action: BA07-060 Asbestos siding removal of Parks Division Will Feed Rd Compound Balance Available After Proposed Action: AMOUNT $1,000,000 $25,000 $11,360 $4,099 $479,200 ($4,098) $22,600 $1,287 $100,000 $7,966 $5,000 $20,280 $14,556 $7,627 ($108,172) $100,000 $22,000 $9,418 $65,000 $783,123 $216,877 $35,000 $181,877 DATE 10/17/2006 10/17/2006 10/24/2006 10/24/2006 12/14/2006 11/14/2006 12/19/2006 1/9/2007 1/23/2007 2/13/2007 2/20/2007 2/20/2007 3/13/2007 3/20/2007 3/20/2007 3/23/2007 4/24/2007 5/1/2007 6/12/2007 ~ÇL" U...w.1.vJ.¡;¡'i:)1~ - .r1..,,,,,,,...u.vu ........."'*'-LI-.t:. _.... - - - - . - - - u - -. HSe~c .com CB eack @ Start 8 service rlJ(UøtC .~ Send to a friend Asbestos Siding: Co You Need a Band-Aid or a Cure'? þy Marcus l"ick1\lt1 25 'M1eIher you tuSeCt you have IIIIbeSIOS sJdInQ or whether you knOW you hIIvs it, the first &dIon 11'* mlJ8t be taIran la to a&&eSS \lit conGIIIon 01 \/Ie siding and what form the abBlloe Ie in. If your siding la in good ccndIIIon. even If II conIBina asbestos, there it no Immød\BIB callM fO( concern, On the other haneI. If your tiding Ie creckecl or In some oIher will cOmptOll'llsed, or 11 you're simpiy contlderlng reøllllCing!he sidinG. It il often neœsaør¡ to chooH andlnstan siding thøt can Do ploced on top of thl Old tiding. Thll will cnIIIIe an aI~l\t sell th. wltl BI1cap&ulllll Iny ptee)dating 88be8tO& fibers and will .0 clrQm'ltnl ttle BXlremely oostly pIQCOS$ 01 aabeøloa aiding remOV8l, 11'11'11 Ma'" Type8 of AsÞasIDS Irs impottanl \0 identify what kind of _ÞeelDI aiding YOl.l have. Ths beat plsn of IICÜQt\ is often dictated by the CIIt~iz.allon d your l18bø8toa cont8lning rM\8r1a1 (ACM). ;7 · Frlablll ACM is tI\e IT\CIII clangen:lllS fgrm d aabe8108 becsUIO tt'Ie malerlal can be Cl'U8hecllnlO , pcwdsr with your hand. This tnSUItt IIIe aeÞØ8loa fibers Þoc:Ome rudUy alrbom.. · CaetgOry I Nonfrllt.18 ACII is I... d~' ÞeeeuI8 ij 18 not _ easily ÞrOIcen dewn. HowIMr. tillS 1ype ~ ubeatD8 Is IIWIOIIptible to fr.ICtI¡rlng WItIt UrTIII and WWIIIMting, and w~ ttlll fl'ldurInG oec:urs the &aI:INtOS fiÞorS alea became airborn.. · Cat8gOlY U Nonf'riIIblll ACM II tne IOast dangsrou& form Of abNto8 becIIuM It can oN:I be Þroksn down by direct tearing and doeø not 888Ìly allew the asÞeStos IIbBnI ta tJeCCme IIIrbome, Moata&bñtOt si<I!t1g Is Category I and somewlllll døngBlOus, bIIt If mere IslnaulBlion within the SIding tl'!lo eabBlltol II Friable ACM, T1'ie condition of the mateMI 8180 pI&y!I a role ill tne œtegortlBllon at aaÞeIlCS, II your Biding hsa lufførecl extensive damage, 11 msy 81&0 be eon8lden!d Friabll ACM, Make sure you /WId tills siding cerefUllyl US. this link to oontact an Amä1P" SIdln9 Clmtrllctor '111e n1portance of Finding I PrOfusIo",1 Onœ you ItIIVe delarmlnsd. eitner lot ,Ifety or eøthlltlCl tnll! you nssd naw BidIng, unleSS you are specIfIœIIy trained in handling ubeuoa remowl. you should eontael a 8Ørvlcs profISslonal, This profBBalonal should ,180 be epecific:ally tralnecI and ahould hsIIB obtslneclllrry stile ~nlllng and/or OIIrtiftCatIOnS. Not only dOG improper allbeBlos siding rernollal anda\gsr the person Of petSOl'IS working wtth ths mllltlrial, ÞIrt mc&t states require the asÞeatO$ tiding be dlapo_ in ~ dwnp sites mat Ire specially equipped In hendle tile dangerous mshIrtaI. BOtn tMa dellcats nature of IIU remove! procesS and ttanspoltlng me msl.rill to In Ipprol'ri&tll Bila oonlrlbvt. to tile cantlClel'aèle expsnBB of SBbBStoa siding removal, ThllS, finding I eornpstant professiOMllS lmportsnt not orfroI for eatrkf rBSllons. !1Qt only for IlIglII reasons. tNt 8150 ~usa I CðIII)IItenl, \1u$lworlt'ly prr:tfIlIBlonal will be IÞIO 10 tell you whethar your bell option Ie to I1!ImoW tile IBbestoI siding or to soaIlt In YIM new ubBsIoa- free &idinQ. As II ItOlT18IIWnsr. yOIl ti'Nlys want to be &810. Þ\It you sIao don~ wanl to spene! extra money naedleuly, Con~ s service proflmional tnl'Ougn Service MIQIC, \odf,y. and ftnd out if you need s Sand-AId Of II cure for your 88b8llloa siding. SaC\( I Stalt a ServlcB RøqllHt I Send to a Frlllnd I print Article http://WWW .servicemagic .comJarticle.show.Asbestos-Siding-Do- Y ou_Need·a-Band-Aid-or-a-Cure.13952.... 2/16/2007 · EfiliSL An3ti)liìcat IMc. 5125 Adanson Street, Suite 900, Orlando, FL 32804 ""one: (407) Sgg.5al1 FiX: (.07) s...eaf13 Eimal: onlnclollDtlllem"- com AftI'>: John Lenfesty CustClT1er ID: STLC30 St. Lucie County CustClT1er po: co 2300 Virginia Ave. RecllJlI8á: 02114107 10:46 AM Fort Pierce, FL 3498'2 EMSL Ordltr: 340700B7,. Fax: (772) 4Eì2-23S 1 Phone: (561) 482·17&3 EMSL Pro]: Project: An alysls Date: 2'1512007 Report Date: 2'1512007 Asbestos Analysis of Bulk Materials via EPA 600/R.~3/116 Method using Polarized Light Microscopy Non-Asbnto, Asbetitas .~4QY')iJr,ì74Jr11 wallbœrd $ample Tan Fibrous Heterogeneous 2".4 C IlIIu Ieee 98% Non-fibrous (other) % Type None DGlKled Sample Localion Apþearance % Fibrous "' Non-Fibrous 2 floor Hie BrowI'> Fibrous H eterog en eous 5,*, CeJlulo!le 95% Non-fibrous (other) None Det.cled 141);(1u677 -4.\JCJ~ 2A b~kil'>g Yellow F'lbrou $ Heterogeneous 7% CelluloslS 93% Non-fibrous (other) NOM Cecec:led .1'ijlJh:tJfiiT.¡'J(JrnA 3 interior cei~ng fiush Tan Fibrous Heterogeneous 30% CelluloGB 70·'" Nan-fibrous (oIhBl') None Cetllcllld .":.1 ;;',',,)677 .1)O~ij 4 exterior siding Gray Fibrous HllterogerHII[(J$ 5% Cejlulose 65% Non·tlbrous (other) 30% Chrysotlle Jol;,;Ut'r:ii..¡(Jí'l4 ~ £.:/ .~"r' '- An3Iyst(~1 Thomas Fernandez (5) Blanca CartB&. Ph, tJ, or ather approved &lgl'>atOl"/ CUlt :LJ rllðo;r,¡!I~ðCI~~' :ìmltÐU\X1S ,nnflr&n; ,n "'-!w1, ð~[loj'SlvS ~t"'(5In ~Im ijf\SIC'nS )llow ,"If' "~o1l!,UCln :C'Pl'lblliry:¡ '-'I.M :T1Wf :1G\ ::Nt ~l"'l-<l. SMltOI'JS rt(lOrtoild l'S ..; 1'" .;If '0.,. jetW(11!td ;11 &'1 '"i1IJWfOf fJI$.J~hj\ût ÍII!ltmi) t1J rEM lu r~I)I\~rT!1 Ii,CM!WJS cfu.1t1t1119 r".. ralOOvt. :IÍIS~ rtlport (.¡.-tiC \J\11y to II'''. ,toms; trJ':ilooj and r'r18Y IWt till rr,or(~~(1ttJ ;n 111'1 lorm wt~Qut tho 'tJ:Ørlfi~ .-rIHt~I' ~ICI(~ITe ~~ !MSL ^,1~IyUc.:al, In.; EMSL"! lIatI~II'I Ls.ljrrlll~ tel 'Mil ::lJ'sI ( onotvsl'i. SM$\, Þttel'$ no rtuiipcn¡lbillty !ur :;:.l1pllf t.:ttI¡,,~Bun ØctlvlU~S ,'V' ønatyfll.:ðllTldlh:Jd l"nlt.lgn!.., :nr~lt,r.;t9{1(V'I antJ U'I! I~ [",¡ rtlSUIU "'8 if'I'" ~i!'S(A~n9lN11V IJf Ø'I"f ,:lIent '~'8 :"1 (InUII; ç;)f\tcllnQ1J within ¡Imi nilpQfl tT1aellhu ,Lt~Ullðm""ts I)r NelAc. SI'.tiS ~lirwiu noC.+d. S.n.1~lwS r~¡;)VI)(S In ~(\¡J ::onQIlliJ4" IJnl~~:; OII'IUrwiO:;Q 'OïDC Ali3¡vt;j~ ':II',,11)1I11411J t.... !:~$L OII~'Ir'1l\ fNVLAP Let) CI'M1. ""'101·5',..(1, rUM; twrt.1I30-02'J1) PLM-' THIS IS THE LAST PAGE OF THE REPORT. 02115/2007 THU 12:15 [TX/RX NO 7960J l4ÀoD2 , ~'LY ~E.#I"DIRr.$ ",;;1.. ;r....--'~ ,- ,.,"- AGENDA REQUEST ITEM NO. C 7 DATE: June /2,2007 REGULAR ] PUBLIC HEARING TO: CONSENT [X] ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: COURT ADMINISTRATION PRESENTED BY: Tom Genung SUBJECT: Request approval of Resolution Number #07-205 and Equipment Request #07-335 to purchase CourtSmart equipment necessary to complete the new digital court reporting system in Martin and Okeechobee Counties. BACKGROUND: The 19th Judicial Circuit Court is installing a new Digital Court Reporting System in the Okeechobee and Martin County Courthouses. Before this system can be installed and made operational, it is necessary to purchase hardware required for sound reinforcement in each courtroom and hearing room. This purchase includes microphones, amplifiers and mixers. FUNDS AVAILABLE: 183-601-546100-6000 PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board of County Commission approve Resolution Number #07 -205 and Equipment Request #07 -335 for the purchase of CourtSmart equipment in the amount of $58,504, approved by the Okeechobee County Board of County Commission on May 24, 2007 and $105,540 approved by the Martin County Board of County Commission on May 22, 2007. COMMISSION ACTION: [XJ APPROVED [ ] OTHER [ ] DENIED RENCE: - Approved 5-0 Doug Anderson County Administrator Coord i n ation/S jq natu res County Attorney: ~ O$"'" Management & Budget: JA{ff ~ Finance: (Check for Copy only, if applicable) j Other: RESOLUTION NO. 07-205 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from Martin and Okeechobee counties through the Court Administration Interlocal Agreement other counties share in the amount of $164,044 for court recording equipment specifically for these counties. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 12th day of June, 2007, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2006-2007, and the County's budget is hereby amended as follows: REVENUE 183-601-338900-6000 Other Counties Share-Ct. Admin, $164,044 APPROPRIATIONS 183-601-546100-6000 Building Maintenance $164,044 After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairperson XXX Commissioner Joseph E. Smith, Vice Chairperson XXX Commissioner Doug Coward XXX Commissioner Paula Lewis XXX Commissioner Charles Grande XXX PASSED AND DULY ADOPTED THIS 12TH DAY OF JUNE, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007 APPROVED: YES NO NO REVISED REVISED DEPARTMENT: DIVISION: COURT ADMINISTRATION RECOMMENDED: X YES JUSTIFICATION: The 19th Judicial Circuit is in the process of updating its court recording equipment throughout the circuit. Approval to purchase Court Smart equipment for digital recording and sound system and installation for Martin ($105,540) and Okeechobee ($58,504) totaling $164,044 is requested, EQUIPMENT REQ#: EQ 07-335 ACCOUNT#: 183-601-546100-6000 MEMORANDUM TO: Board of County Commissioners FROM: Thomas A. Genung, Court Administrator SUBJECT: Approve Resolution Number #07-205 and Equipment Request #07- 335 necessary to complete the digital court reporting system in Okeechobee and Martin Counties. DATE: June 5, 2007 The 19th Judicial Circuit Court is installing a new Digital Court Reporting System in the Okeechobee and Martin County Courthouses. Before the system can be installed and made operational, it is necessary to purchase hardware required for sound reinforcement in each courtroom and hearing room. This purchase includes microphones, amplifiers, and mixers. Staff recommends the Board of County Commission approve Resolution #07-205 and Equipment Request #07-335 approved by the Okeechobee County Commission on May 24, 2007 and Martin County on May 22,2007. (Okeechobee County Agenda) ACTION NOTES BOARD OF COUNTY COMMISSIONERS MAY 7, 2007 1. Conducted a public hearing to accept input from interested parties regarding the proposed EAR-Based Amendments to the Okeechobee County Comprehensive Plan. Adopted Ordinance 2007-03 amending the Okeechobee County Comprehensive Plan. Authorized transmittal of the adopted amendments to the Florida Department of Community Affairs and to other agencies as required by law. 2. Received the 2nd quarter update from Okeechobee Main Street, Inc. * 3, Approved the expenditure of $58,504 from Court Innovation funds to complete necessary upgrades to the sound systems in the courtrooms, subject to the adequacy of budget appropriations. 4, Adopted Resolution 2007-12, requesting Congress to appropriate funds necessary to bring the Herbert Hoover Dike into compliance with current levee protection standards. 5. Accepted Sylvester Butler's counter-offer to sell Block 4 Riverside Park to the County for $150,000 for construction of a stormwater retention pond, subject to approval from the Florida Department of Community Affairs. Agreed to offer $150,000 each for two (2) additional Douglas Park properties needed for construction of a stormwater retention pond. 6. Directed staff to solicit informal quotations for CDBG Driveways in Douglas Park in addition to the sole bid received from Dunworth Construction, Inc. in the amount of $14,934. 7. Approved the scope of services submitted for a study of Douglas Park Land Use issues and authorized the Chairman to execute a contract in the amount of $25,000 with Kimley-Horn and Associates, Inc. 8. Determined that it is in the best interest of Okeechobee County to settle pending litigation with Okeechobee Rehabilitation, Inc. (ARC) and directed staff to execute the proposed Stipulation for Settlement in Case No. 2006-CA-159; subject to ARC's acceptance and execution of the document. 9. Received information from various sources regarding the Sports Complex injection well (detail pending). Board of County Commissioners Regular 5/07/2007 10. Identified the following projects and their scope to be submitted to Florida Department of Transportation (FOOT) for FY 2008 / 2009 Small County Outreach Program (SCOP): . County Road 68 West, NW 160th Street, 10.31 miles, increase lane width, add shoulders, add / replace guard railing, replace / upgrade / install culvert crossings, storm drain improvements, base work, leveling course, overlay, striping, and RPMs . SE 28th Street, 1.07 miles and SE 43rd Avenue, 0.15 miles, , increase lane width, add shoulders, add / replace guard railing, replace / upgrade / install culvert crossings, storm drain improvements, base work, leveling course, overlay, bridge repairs, striping, RPMs, street lighting, and sidewalks 11. Adopted Resolution 2007-13 authorizing the Chairman to execute the Florida Department of Transportation (FOOT) Maintenance Agreement (FPIO No. 407983-1-52-01) for the installation of landscaping on State Road 78 from the Kissimmee River bridge to 900 feet north of the Okee-Tantie Campground entrance; subject to review and approval by the County Attorney and subject to the appropriation of funds. 12. Approved, and authorized the Chairman to execute, a Professional Services Agreement with Craig A. Smith & Associates for the Stormwater Pump Conveyance System project in the amount of $215,500 upon completion of the document by the County Attorney (to include hourly rate schedule for any required services not contemplated in the Part 1 proposal reflected therein). 13. Declined to impose an additional homestead exemption for certain Okeechobee County property owners. 14. Directed staff to develop a county travel policy for Board review. 15. Approved ranking of the engineering firms as submitted by the Selection Committee and authorize the County Administrator to negotiate and execute a contract with Anderson, Andre Consulting Engineers, Inc. for professional engineering and geotechnical services and material testing for a one-year term, renewable upon mutual consent of the parties for up to four (4) additional one-year terms. 16. Approved the proposal submitted by Rowe Architects, Inc. in the amount of $250,000 for Professional Services for the Rehabilitation of the Historic Okeechobee County Courthouse. 17. Determined to complete demolition, exterior wall stabilization and new roof for the Historic Jail, as a single project (estimated cost of $581,132). 18. Approved the following warrants: #107594-##107758 for $1 ,881 ,585.92; #3264-#3268 for $11,590.92; #2052 for $6,160.00; #271 for $4,895.50; #257-#259 for $20,959.00; for a total of $1,925,191.34. Board of County Commissioners 2 Regular 5/07/2007 19. Approved the application for the EMS County Grant in the amount of $9,1 06 with which to purchase rescue tools. 20. Authorized tax deed surplus payments to individuals as follows: · By the heirs of the property owners; 2004- TO-082;Certificate No. 1283-1998 and 2004- TO- 083; Certificate No. 1297-1998 - Payable Final 20% to Dennis Reed Dyer in the amount of $2,645.48. · By the prior owners of the property; 2004-TO-091; Certificate No. 1308-1998 - Payable 100% to Palm Research Group, LLC in the amount of $6,965.73 · By the heirs of the property owners; 2004- TO-128; Certificate No. 114-1998 - Payable 100% to Prime Option Financial Services, LLC in the amount of $5,000.68 · By the heirs of the property owners; 2004-TO-151; Certificate No. 1580-1998 - Payable Final 50% to Helen J. Cleveland in the amount of $7,037.49 21. Approved the request from Sheriff Paul May for the expenditure of $1,000 from the Law Enforcement Trust Fund for donation to the Alcohol Free Grad Night Party on May 31, 2007. 22. Approved, and authorized the Chairman to execute, an agreement with Transworld Systems to provide collection services for 2,500 EMS accounts at a cost of $22,475. 23. Ratified travel authorization for Commissioner Domer on March 27, 2007 through March 29,2007 for FAC Legislative Day and Commissioner Wherrell on May 2,2007 for a TCCLG Meeting. Board of County Commissioners 3 Regular 5/07/2007 BOARD OF COUNTY COMMISSIONERS ND 304 NW 2 STREET OKEECHOBEE, FLORIDA 863-763-6441 863-763-9529 Fax REQUEST TO BE ON BOCC AGENDA BOARD POLICY: Any person, group or organization wishing to personally address the Okeechobee County Board of County Commissioners in session shall file with the County Administration Office, eight (8) days before the meeting at which an audience is desired, a written request, as follows: NAME: Tom Genung TELEPHONE: 772-807-4381 ADDRESS: 250 N.W. Country Club Drive Port St. Lucie, Florida 34986 NAME OF PERSON(S), GROUP OR ORGANIZATION REPRESENTING: Court Administration - 19th Judicial Circuit SUBJECT MATTER TO BE DISCUSSED: Use of Court Innovation Funds (939.185) to Supplement budget to complete necessary upgrades to the sound system in the courtrooms. The total cost of this request including equipment and installation is $58,504. HAS THE SUBJECT BEEN DISCUSSED AND/OR REVIEWED BY COUNTY DEP ARTMENTS OR OFFICIALS? ( ) YES (X) NO IF ANSWER TO ABOVE IS YES, PLEASE LIST THOSE WHOM HAVE ALREADY REVIEWED SUBJECT: SPECIFIC QUESTION AND/OR ACTION DESIRED FROM THE BOARD OF COUNTY COMMISSIONERS: Commission approval to use Court Innovation Funds (939.185 to supplement budget to complete necessary upgrades to the sound system in the courtrooms. The person(s), group or organization making the request to be on agenda will be contacted by the County Administration Office, informing them of the date of the meeting and the place and time on the next available agenda assigned to them, In the event that the next scheduled meeting agenda is crowded, your request may be placed for hearing at the following meeting, In every instance, effort will be made to schedule your request at the earliest meeting date, Mav 2. 2007 Date ~I ~_..m." _ / -'. ~ ..-,"~~y Court Administrator kit'· REV. I PRICE QUOTATION Prepared for 19th Judicial Circuit Okeechobee County Courtroom Speakers 2 May 2007 STATEMENT OF WORK: The Nineteenth Circuit will add the following audio components to the digital recording systems in Okeechobee County: 1. Courtroom Speakers - 12 and installation a. Okeechobee 2. Speaker wiring is the responsibility of the 19th Circuit and needs to be individual runs to the amplifier in order to have 4-channel capability 19th Judicial Circuit 5/2/07 - Okeechobee Speakers CONFIDENTIAL ALL PRICING IS PER FLORIDA ITN 06-001-JC ITEM DESCRIPTION QTY COST TOTAL SPEAKERS BOSE Model 16 Installation (In hours) 12 12 $ 189 $ 125 $ 2,268 $ 1,500 TOTAL $ 3,768 ALL PRICES ARE PLUS FREIGHT AND ANY APPLICABLE TAXES THAT THE COUNTY IS SUBJECT TO ARISING FROM THIS TRANSACTION. Installation included is for all CourtSmart related hardware and software. The Purchaser is responsible for providing all required cabling from the speakers to the amplifier locations. The cabling should be pulled so as to create the proper speaker groupings for mix minus sound reinforcement. CourtSmart is basing the following quotation upon information provided to us by members of your staff. The requirements that were provided to us serve as the basis upon which our recommendation is based. Should your requirements change, it may be necessary to adjust our recommendations or pricing accordingly. CourtSmart reserves the right to substitute hardware manufacturers and models based upon availability and/or technology improvements. Any hardware so substituted will be of equal or greater performance. WARRANTY AND MAINTENANCE: All CourtSmart supplied software and hardware comes with a standard one (1) year warranty from date of installation. This warranty covers all parts and labor for any failures that occur in the normal course of system operation. It does not cover problems that occur through the misuse or abuse of the system nor does it cover actions taken or modifications made to the system contrary to the express direction of CourtSmart or failure to seek approval prior to undertaking such actions. The annual maintenance contract is invoiced at a cost of 12% per year of the purchase price of the system. 19th Judicial Circuit 5/2/07 - Okeechobee Speakers CONFIDENTIAL 2 Mt'· PRICE QUOTATION Prepared for 19th Judicial Circuit Okeechobee County 1 May 2007 STATEMENT OF WORK: CourtSmart shall install hanging choir microphones, additional button microphones, amplifiers, and mixers in accord with the specifications below. RESPONSIBILITIES: 1. The 19th Circuit is responsible for all cabling within the courtrooms specifically relating to this quotation a shielded microphone cable from the location in the courtroom where each hanging microphone will be located to the courtroom mixer. 2. The 19th Circuit is also responsible for required cabling connecting the mixers and the servers to CourtSmart specifications. ALL PRICING IS IN ACCORD WITH FL ITN #06-001-JC OKEECHOBEE Microphones Clock Audio - Choir Clock Audio - Button TOA - 4 channel 18 $ 340 12 $ 340 $ 1399 $ 6,120 tf 0 ~O $ 5,596 AmplitiWO 4 19th Circuit- Okeechobee 5/1/07 - Audio CONFIDENTIAL ..--- ~---- ~~~-. ---..... ----- 4 ~7,O~O $ 3050 $ 6,100 $ 690 $ 4,140 ..,,~---' .,'. Mixers 17,000 -",' Lectrosonics DM1612 Lectrosonics DM812 2 Control Units 6 Installation $ 11,700 TOTAL $ 54,736 ALL PRICES ARE PLUS ANY APPLICABLE TAXES THAT THE COUNTY IS SUBJECT TO ARISING FROM THIS TRANSACTION. Installation charges are for all CourtSmart related hardware and software. The Purchaser is responsible for providing all required cabling from courtrooms to server location and microphone cabling within the courtrooms if applicable. Training of all associated court staff included at no additional charge. It is assumed that all court staff trained will be experienced in the operation of Windows before training. CourtSmart will not train court staff on Windows. CourtSmart is basing the following quotation upon information provided to us by members of your staff. The requirements that were provided to us serve as the basis upon which our recommendation is based. Should your requirements change, it may be necessary to adjust our recommendations or pricing accordingly. CourtSmart reserves the right to substitute hardware manufacturers and models based upon availability and/or technology improvements. Any hardware so substituted will be of equal or greater performance. WARRANTY AND MAINTENANCE: All CourtSmart supplied software and hardware comes with a standard one (1) year warranty from date of installation. This warranty covers all parts and labor for any failures that occur in the normal course of system operation. It does not cover problems that occur through the misuse or abuse of the system nor does it cover actions taken or modifications made to the system contrary to the express direction of CourtSmart or failure to seek approval prior to undertaking such actions. Third party software such as Microsoft Windows and SQL are not covered under warranty or maintenance. CourtSmart provides at the conclusion of the warranty period a maintenance contract covering applicable software enhancements, fixes, and upgrades deemed appropriate by CourtSmart at its sole discretion, as well as providing 1-800 telephone support. The annual maintenance contract is invoiced at a cost of 12 % per year of the purchase price of the system. CourtSmart proprietary software is provided through an End-User Licensing Agreement (EULA) that provides the User with a limited, non-exclusive, personal license to use the software on the computer that it was originally installed and for the purpose originally intended. The end-user, the Court, may not resell, assign, or give the software to any other entity without the express written permission of CourtSmart Digital Systems, Inc. Likewise; CourtSmart application software may not be installed on additional computers without payment of the required licensing fees. CourtSmart does allow the transference oflicenses 19th Circuit- Okeechobee 5/1/07 - Audio CONFIDENTIAL 2 from one computer to a replacement computer for maintenance or upgrade purposes. CourtSmart developed hardware, reference manuals, and software constitutes a valuable asset of the corporation and is protected by Federal and International copyright law. The end-user must protect this material from accidental or deliberate disclosure to third parties by employees of the court system, its agents, or users of the system. Any such disclosures could cause irreparable harm to CourtSmart Digital Systems. 19th Circuit- Okeechobee 5/1/07 - Audio CONFIDENTIAL 3 ADMINISTRATIVE OFFICE OF THE COURTS NINETEENTH JUDICIAL CIRCUIT Thomas A. Genung Trial Court Administrator May 2, 2007 George Long, County Administrator Okeechobee County 304 NW 2nd Street, Rm. 106 Okeechobee, Florida 34972 RE: Budget Amendments for Court Administration Dear Mr. Long: As you may know, the 19th Judicial Circuit is in the process of updating its court recording equipment throughout the circuit. This upgrade is necessary to enable the court to record proceedings required by statute or rule to be recorded by the court. We have a deadline for installation in Okeechobee County of June 30, 2007. In order to meet that deadline, the purchase of some additional equipment as well as new speakers required for the digital recording and sound system is necessary. Accordingly, please find attached a quote from CourtS mart. This quote indicates at total cost of$ 3,768.00 for courtroom sound enhancement speakers to enable the judges, witnesses, counsel, jury and public to hear the proceedings. New speakers are necessary to meet the specifications ofthe new court reporting equipment being installed in June. The cost for the new speakers was not contemplated in the 06/07 budget request, and should come from the Court Administration Court Innovation fund derived from fees collected pursuant to §939.185(1)(a.)1., Florida Statutes. Additional equipment and microphones are necessary for the installation of the court recording and sound enhancement systems in each courtroom. Please see the attached quote from CourtSmart, which indicates a cost of $ 54,736.00 for the additional equipment and microphones. This amount should come from the Court Administration Court Innovation fund derived from fees collected pursuant to §939.185(1)(a.)1., Florida Statutes. This budget may need to be supplemented by this amount as the additional equipment was not contemplated in the 06/07 budget request. We would greatly appreciate having these items presented to the Okeechobee County BOCC at the May 8th meeting for approval. Installation is slated to begin in June. The speakers and court recording equipment will need to be installed simultaneously for the court recording and sound enhancement system to work properly. 250 NW Country Club Drive, Suite 217. Port St. Lucie, FL 34986. (772) 807-4370 . (772) 807-4377 As always, it is a pleasure working with you. Your assistance with this matter is greatly appreciated. Sincerely, c=-~-~ ) (~) ~y Thomas A. Genung encl. cc: The Honorable William L. Roby The Honorable Sherwood Bauer The Honorable Jerald D. Bryant Stephen Shaw, CTO 19th Circuit Erick Mershon, Budget Manager 19th Circuit Keith Hartsfield, DCR Manager 19th Circuit MAY 22, 2007 MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS ACTION SUMMARY 9:00 AM - MARTIN COUNTY COMMISSION CHAMBERS 2401 SE MONTEREY ROAD, STUART, FLORIDA 34996 COUNTY COMMISSIONERS Michael DiTerlizzi, Chairman Doug Smith, Vice Chairman Susan L Valliere Lee Weberman Sarah Heard Duncan Ballantyne, County Administrator Stephen Fry, County Attorney Marsha Ewing, Clerk to the Board APPROVED: DB OS/23/2007 1. CALL TO ORDER - 9:00 AM INVOCATION Reverend Carol Barron PLEDGE OF ALLEGIANCE PRESETS 2D Public 9:00 AM 6C Legislative Public Hearing to Consider Transmittal of Comprehensive Plan Amendment 10:30 AM 05-12, Mobile Home Areas 5A Golden Gate and Hobe Sound Neighborhood Advisory Committee Appointments 1 :30 PM 8B1 Community Redevelopment Agency Monthly Update 1 :30 PM 8D1 Development Review Fees Study 3:00 PM 10 Public 5:05 PM 2. A. ADDITIONAL ITEMS - The Board approved the additional items 3C, 4C2, 6F, 8A2, AND 8E1. B. APPROVAL OF AGENDA - - The Board approved the agenda with the additional items of 3C, 4C2, 6F, 8A2, and 8E1. The Board also approved the consent agenda minus the consent pull of 4C2. C. APPROVAL OF CONSENT AGENDA - The Board approved the consent agenda minus the pull of 4C2. NOTE: Consent Agenda items are considered routine and are enacted by one motion and will have no action noted, but the "Recommendation" as it appears on the Board item is the approved action. D. PUBLIC - TO BE HEARD AT 9:00 AM. PLEASE LIMIT COMMENTS TO THREE MINUTES. E. COMMISSIONER COMMENTS 3. PROCLAMATIONS, OFFICIAL ACTS, AND SPECIAL PRESENTATIONS A. THE BUSINESS DEVELOPMENT BOARD OF MARTIN COUNTY, INC. WILL PROVIDE THEIR QUARTERLY UPDATE TO THE BOARD Each quarter the Business Development Board leadership provides an update to the Board regarding their activities. AGENDA ITEM: 8029f7ae ACTION TAKEN: The Board observed the update by the Business Development Board. B. ADOPT PROCLAMATIONS ACKNOWLEDGING THE CHAMPIONSHIP VICTORIES OF THE JENSEN BEACH HIGH SCHOOL'S WRESTLING TEAM, CROSS COUNTRY TEAM, TRACK AND FIELD TEAM, AND GIRL'S BASKETBALL TEAM Commissioner Smith requests these Proclamations to celebrate the continued success of athletics at Jensen Beach High School. At deadline, staff was waiting for additional information to come from the high school, therefore, the Proclamations will be provided via Supplemental Memorandum AGENDA ITEM: 802b4884 I SUPPLEMENTAL MEMO ACTION TAKEN: The Board adopted the proclamations. BOARD OF COUNTY COMMISSIONERS, MARTIN COUNTY, FLORIDA ACTION SUMMARY MAY 22,2007 3. PROCLAMATIONS, OFFICIAL ACTS, AND SPECIAL PRESENTATIONS I ADDITIONAL ITEM C. COUNTY ADMINISTRATOR PROPERTY TAX ISSUE UPDATE Each meeting, the County Administrator will provide an update to the Commission regarding the status of legislative activity on property taxes and the administration's action(s) in response to it. AGENDA ITEM: 802bdc35 ACTION TAKEN: The Board observed the update by the County Administrator, Duncan Ballantyne. 4. CONSENT A. Clerk of the Circuit Court, Marsha Ewing 1. Minutes of the April 17, 2007 BCC meeting, 2, Minutes of the April 18, 2007 BCC meeting, 3, Minutes of the April 24, 2007 BCC meeting. 4, Minutes of the May 1, 2007 BCC meeting. B. Administration, Duncan Ballantyne, County Administrator 1. BOARDS AND COMMITTEES STATUS REPORT This monthly Status Report is provided to keep the Commission apprised of all the current vacancies, expired terms, upcoming appointments, etc, on their various boards and committees, AGENDA ITEM: 80293f4a 2. APPROVE A BUDGET RESOLUTION TO ACCEPT FUNDS AND APPROVE AN INTERLOCAL AGREEMENT BETWEEN MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS AND PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS FOR INCLUSION IN THE TOMASELLO CONSULTING ENGINEERS INC. CONTRACT FOR THE PAL MAR BASIN STUDY TO EXPAND THE SCOPE OF WORK Approve a budget resolution to accept funds of $32,000 and approve an Interfocal Agreement between Martin County Board of County Commissioners and Palm Beach County Board of County Commissioners for inclusion in the Tomasello Consulting Engineers Inc. contract for the Pal Mar basin study to expand the scope of work into Palm Beach County. AGENDA ITEM: 802aa65f RESOLUTION NO. 07-5.11 3. NOTED ITEMS FOR THE MAY 22, 2007 BOARD OF COUNTY COMMISSIONERS MEETING Noted items are documents for the Board's information that must be a part of the record but do not require any action. Transactions included in the noted items have been budgeted and are normally complete. AGENDA ITEM: 802a86b2 >K C. Administrative Services, Taryn Kryzda, Assistant County Administrator 1. APPROVAL TO USE COURT INNOVATION FUNDS TO UPDATE COURT RECORDING EQUIPMENT THROUGHOUT THE 19TH JUDICIAL CIRCUIT IN THE AMOUNT OF $105,540 The Court Administrator is requesting the use of Court Innovation funds to update court recording equipment throughout the 19th Judicial Circuit AGENDA ITEM: 802b532b I ADDITIONAL ITEM I 2. THE PORT SALERNO COMMERCIAL FISHING DOCK AUTHORITY, INC. IS REQUESTING APPROVAL OF THE SECOND AMENDMENT TO THEIR LEASE The Port Salerno Commercial Fishing Dock Authority, Inc. is requesting approval of the Second Amendment to their lease, AGENDA ITEM: 802b7fde ACTION TAKEN: The Board approved the staff recommendation which approves the second amendment to the lease between Martin County Board of County Commissioners and Port Salerno Commercial Fishing Dock Authority, Inc. and authorized the Chairman to execute the amendment. Page 2 of 7 BOARD OF COUNTY COMMISSIONERS, MARTIN COUNTY, FLORIDA ACTION SUMMARY MAY 22. 2007 4. CONSENT D. Engineering, Don G. Donaldson, P.E., Director 1. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (SJRWMD) GRANT AWARD FOR THE MANATEE POCKET PROJECT The St. Johns River Water Management District (SJRWMD) has issued a grant award through the National Estuary Program for the Indian River Lagoon (NEP/IRL) program. Staff requests Board approval and acceptance of the grant award. AGENDA ITEM: 802adbOa 2. REQUEST TO AUTHORIZE THE COUNTY ENGINEER, ON BEHALF OF THE BOARD OF COUNTY COMMISSIONERS, TO EXECUTE MAINTENANCE AGREEMENTS WITH PROPERTY (OR HOME) OWNERS' ASSOCIATIONS FOR MAINTENANCE OF COUNTY RIGHTS-OF-WAY Staff is requesting the Board of County Commissioners to authorize the County Engineer, on behalf of the Board of County Commissioners, to execute maintenance agreements with property or home owners' associations for the maintenance of county rights-of-way. AGENDA ITEM: 802ab3b6 I SUPPLEMENTAL MEMO 3. REQUESTING APPROVAL OF THE "MASTER LIST OF SPECIAL EVENTS REQUIRING ROAD CLOSURES" THROUGH 2012 Staff would like the Board of County Commissioners to approve of the "Master List of Special Events Requiring Road Closures" through 2012. AGENDA ITEM: 802a3ef8 I SUPPLEMENTAL MEMO E. Growth Management, Nicki van Vanna, Director 1. QUASI JUDICIAL: 95 RIVERSIDE PUD, PHASE IIIB "HOTEL" REQUEST FOR PLAT APPROVAL FOR SITE PREVIOUSLY APPROVED FOR FINAL SITE PLAN The subject boundary plat involves the 6.0 acre parcel that received final site plan approval on April 24, 2007. The plat is located to the east of SW Lost River Road, approximately two-thirds of a mile north of Kanner Highway (SR76) in the commercial PUD master plan project, 95 Riverside PUD. The plat application is evaluated in light of the Board approval of the Eighth Amendment to the PUD Agreement and the Phase IIIB Final Site Plan on April 24, 2007. AGENDA ITEM: 802ad9bf RESOLUTION NO. 07-5.12 I SUPPLEMENTAL MEMO 2. CLASSIFICATION OF A PORTION OF COUNTY ROAD 714 AS A SCENIC CORRIDOR In August 2006, the County Commission directed staff to develop the necessary materials to develop an overlay to provide for the protection of the canopy trees located on County Road 714 (Martin Grade) and to prepare revisions to the Land Development Regulations to implement the overlay, if needed. Staff has reviewed both the Landscaping and the Roadway Design sections of the Land Development Regulations and has determined that designation of the road as a Scenic Corridor is warranted. Today's item contains a resolution classifying a portion of County Road 714, also known as the Martin Grade, as a Scenic Corridor and acknowledging that the section in question is already protected as a Canopy Road Tree Protection Zone, AGENDA ITEM: 80292999 RESOLUTION NO. 07-5.13 Page 30f7 BOARD OF COUNTY COMMISSIONERS, MARTIN COUNTY, FLORIDA ACTION SUMMARY MAY 22,2007 5. BOARD AND COMMITTEE APPOINTMENTS A. GOLDEN GATE AND HOBE SOUND NEIGHBORHOOD ADVISORY COMMITTEE APPOINTMENTS Sitting as the Community Redevelopment Agency, the Agency is asked to make the necessary appointments to the Golden Gate and Hobe Sound Neighborhood Advisory Committees. AGENDA ITEM: 80293f2f 1 :30 PM PRESET ACTION TAKEN: The Board appointed Belinda Miller to the Golden Gate Advisory Committee for a term to begin immediately and end July 10, 2010. The Board appointed Alfonso Puerto to the Golden Gate Advisory Committee for a term to begin immediately and end July 10, 2011. The Board appointed Lisa Dames to the Hobe Sound Neighborhood Advisory Committee for a term to begin immediately and end December 14,2011. RESOLUTION NO. CRA 07-5.1 - Golden Gate RESOLUTION NO. CRA 07-5.2 - Hobe Sound 6. PUBLIC HEARINGS A. QUASI JUDICIAL: INDIANTOWN DRI-REQUEST FOR A CONTINUATION OF THE PUBLIC HEARING TO CONSIDER APPROVAL OF THE INDIANTOWN DRI, DEVELOPMENT OF REGIONAL IMPACT At the regular meeting of the Board on September 19, 2006, the Board acted to set the public hearing date for the Indiantown DRI for Tuesday, November 21, 2006. In addition to the DRI application, applications have been submitted to the County to amend the Comprehensive Growth Management Plan, to change the zoning on the property to the PUD (Planned Unit Development) District and to request a PUD Master Site Plan approval for the proposed development. The success of the DRI and PUD Master Site Plan are dependent on the success of the CGMP amendments which must be processed first. All these processes will be coordinated by staff to run in proper sequence. To date, the action of the TCRPC and the other processes noted have not been completed. As such, the request for action on the Indiantown DRI development order is premature, A continuance of the public hearing is, therefore, requested to May 22, 2007. AGENDA ITEM: 80291 aaO CONTINUED FROM MARCH 20, 2007 I SUPPLEMENTAL MEMO ACTION TAKEN: The Board continued this item to the July 17, 2007 BCC meeting. B. QUASI JUDICIAL: QUILLEN DRI - REQUEST FOR A CONTINUATION OF THE PUBLIC HEARING TO CONSIDER APPROVAL OF THE QUILLEN DRI, DEVELOPMENT OF REGIONAL IMPACT At the regular meeting of the Board on November 28, 2006, the Board acted to set the public hearing date for the Quillen DRI for Tuesday, January 23, 2007. In addition to the DRI application, applications are anticipated from the Quillen DRI applicant to amend the County's Comprehensive Growth Management Plan, to change the zoning on the property to the PUD (Planned Unit Development) District and to request a PUD Master Site Plan approval for the proposed development. To date these anticipated applications have not been received. The success of the DRI and PUD Master Site Plan are dependent on the success of the CGMP amendment(s) which must be processed first. All these processes will be coordinated by staff to run in proper sequences, To date, conditional approval was granted by the TCRPC on December 15, 2006 and the other processes noted have not been completed, As such, the request for action on the Quillen DRI development order is premature. A continuance of the public hearing is, therefore, requested to May 22, 2007. AGENDA ITEM: 802adb7d CONTINUED FROM APRIL 24, 2007 I SUPPLEMENTAL MEMO ACTION TAKEN: The Board continued this item to the July 17, 2007 BCC meeting. Page 4 of 7 BOARD OF COUNTY COMMISSIONERS, MARTIN COUNTY, FLORIDA ACTION SUMMARY MAY 22,2007 6. PUBLIC HEARINGS C. LEGISLATIVE PUBLIC HEARING TO CONSIDER TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 05-12, MOBILE HOME AREAS The Board is requested to consider transmittal of a comprehensive plan amendment to allow site-built dwellings within areas designated Mobile Home Density on the Future Land Use map, as more specifically determined in the Land Development Regulations. This amendment will be transmitted using the emergency transmittal provision of Section 163.3187(1)(a), Florida Statutes. AGENDA ITEM: 802a8ae5 10:30 AM PRESET I SUPPLEMENTAL MEMO ACTION TAKEN: The Board approved the staff recommendation to transmit the proposed amendment as provided in attachment 1, including the language in option 2, allowing site-built dwellings in areas designated Mobile Home Density in certain circumstances. The Board also approved that staff add additional language that states "this provision shall not be used to allow site-built dwellings in mobile home areas greater than one story in height, except for projects previously approved. D. QUASI JUDICIAL: LAKE POINT RANCHES - REQUEST FOR MASTER/FINAL SITE PLAN APPROVAL This is a request for a major development Master/Final Site Plan approval for a 44-lot agricultural/single- family development on approximately 1008 acres located on the south side of SR 76, approximately one mile east of Lake Okeechobee, in the western part of the County. AGENDA ITEM: 802aca97 ACTION TAKEN: The Board approved the staff recommendation to approval subject to the payment of a Contribution of Mutual Benefit in the amount of $20,020.00 to the Martin County School Board and subject to the granting of a cemetery access easement across Lot 4 within the proposed development to the City of Pahokee. The Board authorized the Chairman to sign the development order resolution. The Board also asked staff to include the reference of the Equine Management plan. RESOLUTION NO. 07-5.14 E. QUASI JUDICIAL: SEAPOINTE MARINA (A/KlAI SEAGATE MARINA) - REQUEST FOR A REVISED MASTER SITE PLAN APPROVAL FOR A COMMERCIAL WATERFRONT DEVELOPMENT This is a major development application for a revised Master Site Plan approval for the redevelopment of the current Seagate Marina site, to be known as Seapointe Marina, on 9.98 acres located between US 1 and the Intracoastal Waterway, approximately 1/2 mile north of the Palm Beach County Line. The existing structures will be removed and replaced with 2 boat storage buildings with a total area of 161,899 square feet, a 5,277 square foot, 2-story ship store and members club and a swimming pool and 1,434 square foot cabana/bar/grill, AGENDA ITEM: 802ad6d5 ACTION TAKEN: The Board approved the staff recommendation to approve the master site plan and authorized the Chairman to sign the development order resolution. RESOLUTION NO. 07-5.15 I ADDITIONAL ITEM F. PUBLIC HEARING TO ADOPT AN ORDINANCE AMENDING CHAPTER 51, DISASTER AND EMERGENCY PREPAREDNESS, PROVIDING FOR ADDITIONAL EMERGENCY POWERS OF THE DIRECTOR OF EMERGENCY SERVICES; ALLOWING FOR THE COLLECTION AND REMOVAL OF DISASTER DEBRIS FROM PUBLIC OR PRIVATE LANDS, PUBLIC OR PRIVATE ROADS AND WITHIN GATED COMMUNITIES; AUTHORIZING REMOVAL OF DERELICT VESSELS AND ABANDONED VEHICLES This is a Public Hearing to adopt an ordinance amending Chapter 51, Disaster and Emergency preparedness, providing for additional emergency powers of the Director of Emergency Services; allowing for the collection and removal of disaster debris from public or private lands, public or private roads and within gated communities; authorizing removal of derelict vessels and abandoned vehicles. AGENDA ITEM: 802b9cOa ACTION TAKEN: The Board approved to adopt the Ordinance amending Chapter 51, Disaster and Emergency Preparedness. ORDINANCE NO. 750 Page 5 of 7 BOARD OF COUNTY COMMISSIONERS, MARTIN COUNTY, FLORIDA ACTION SUMMARY MAY 22. 2007 7. REQUESTS AND PRESENTATIONS A. TUSCAWILLA PUD - REQUEST FOR REGIONAL WATER AND WASTEWATER SERVICES FROM THE COUNTY The Tuscawilla development received PUD Master Site Plan approval from the Board of County Commissioners on June 28, 2005. Subsequently, on June 6, 2006, Final Site Plan and Plat approval were granted for the project and the development is currently under construction. The Tuscawilla PUD was approved with water and wastewater services to be provided by individual wells and septic systems. The applicant is now requesting regional water and wastewater services from the County to replace the wells and septic systems. The request for regional water and wastewater services is the subject of this agenda item. AGENDA ITEM: 802a9675 ACTION TAKEN: The Board approved the applicants request for regional water and wastewater services from the County for the properties or areas inside the urban services boundary only. The Board also asked staff to bring back the agenda item from August of 2005 regarding the water and sewer policy and an implementing resolution for the proposed CPA. 8. DEPARTMENTAL A. Administration, Duncan Ballantyne, County Administrator 1. PURCHASING MANUAL REVISIONS The Martin County Purchasing Manual states that it should be reviewed every two years and revised as necessary by the Board of County Commissioners. This review and the proposed revisions to the Purchasing Manual focused on improving the effectiveness and efficiency of Martin County's Purchasing Process, AGENDA ITEM: 8028ca8b ACTION TAKEN: The Board approved to continue this item to the June 26,2007 BCC meeting. I ADDITIONAL ITEM 2. LEGISLATIVE UPDATE 8 The governor signed HB 529 into law on Friday. This is the cable television legislation that the Board opposed, The county administrator has asked staff to brief the Board on the consequences of the legislation in regards to tit simpact on Martin County government services. AGENDA ITEM: 802c2ca7 ACTION TAKEN: The Board approved to continue this item to the June 5, 2006 BCC meeting. B. Community Development, Taryn Kryzda, Assistant County Administrator 1. COMMUNITY REDEVELOPMENT AGENCY MONTHLY UPDATE This item is an update on the actions and recommendations of the Martin County Community Redevelopment Area, This item will also include a request to amend the Indiantown Zoning Overlay to include additional language for signage, AGENDA ITEM: 802ae903 1 :30 PM PRESET ACTION TAKEN: The Board approved to include in the CAPTEC scope of work for the Port Salerno Boardwalk the two areas near the Fish House Art Center and Finz restaurant. The Board asked that staff review or analysis the mixed use amendment and Tom Kenny's comments and then return to the Board with the findings. The Board also directed staff to implement LED sign regulations within the Indiantown CRA using sign option 2. C. Engineering, Don G. Donaldson, PE, Director 1. FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT FOR THE PROPERTY ACQUISITIONS NECESSARY FOR THE INDIAN STREET BRIDGE Martin County has secured funding for the purchase of right-of-way and properties needed for the construction of the Indian Street Bridge, These funds will be transferred to the Florida Department of Transportation via the Locally Funded Agreement. AGENDA ITEM: 8029f2a5 ACTION TAKEN: The Board approved the staff recommendation for the Chairman to execute the resolution and to execute the Locally Funded Agreement. RESOLUTION NO. 07-5.17 Page 6 of 7 BOARD OF COUNTY COMMISSIONERS, MARTIN COUNTY, FLORIDA ACTION SUMMARY MAY 22,2007 8. DEPARTMENTAL D. Growth Management, Nicki van Vonno, Director 1. DEVELOPMENT REVIEW FEES STUDY In late 2006, Martin County contracted with the PFM Group to determine the complete cost of the service for each fee within the Development Review process. The consulting group has completed its review of the Martin County Development Review fees, Today's presentation provides the analysis completed for the study and presents the proposed revisions to the fee schedule for Development Review. AGENDA ITEM: 80297aee 3:00 PM PRESET I SUPPLEMENTAL MEMO I ACTION TAKEN: The Board approved the staff recommendation to accept the consultant report and direct staff to return to the Board with a resolution adopting the new fee schedule. The Board also directed staff to come back with a discussion regarding an administrative fee. I ADDITIONAL ITEM E. County Attorney, Stephen Fry 1. PROPOSED SIXTH AMENDMENT TO PROPERTY DISPOSITION AND DEVELOPMENT AGREEMENT WITH RENAR DEVELOPMENT COMPANY The County Attorney has prepared a draft Sixth Amendment to the Property Disposition and Development Agreement regarding Renar's completion of Phase " of the project and the County's repurchase option. Renar Development Company has provided an alternative. AGENDA ITEM: 802ba004 I SUPPLEMENTAL MEMO I ACTION TAKEN: The Board approved to extend the agreement for 32 days to allow for more public input and asked staff to return to the Board on June 26, 2007. 9. COMMISSIONERS - None at this time, 10. PUBLIC - TO BE HEARD AT 5:05 PM. PLEASE LIMIT COMMENTS TO THREE MINUTES. 11. ADJOURN - 9:28 PM Page 7 of 7 ADMINISTRATIVE OFFICE OF THE COURTS NINETEENTH JUDICIAL CIRCUIT Thomas A. Genung Trial Court Administrator May 2, 2007 Duncan Ballantyne, County Administrator Martin County 2401 SE Monterey Road Stuart, Florida 34996 RE: Budget Amendments for Court Administration Dear Mr. Ballantyne: As you may know, the 19th Judicial Circuit is in the process of updating its court recording equipment throughout the circuit. This upgrade is necessary to enable the court to record proceedings required by statute or rule to be recorded by the court. We have a deadline for installation in Martin County of June 30, 2007. In order to meet that deadline, the purchase of some additional equipment and microphones are necessary for the installation of the court recording and sound enhancement systems in each courtroom. Please see the attached quote from CourtSmart, which indicates a cost of$ 105,540.00 for the additional equipment and microphones. This amount should come from the Court Administration Court Innovation fund derived from fees collected pursuant to §939.185(1)(a.)1., Florida Statutes. This budget may need to be supplemented by this amount as the additional equipment was not contemplated in the 06/07 budget request. We would greatly appreciate having these items presented to the Martin County BOCC at the May 22, 2007 meeting for approval. Installation is slated to begin in June. The speakers and court recording equipment will need to be installed simultaneously for the court recording and sound enhancement system to work properly. As always, it is a pleasure working with you. Your assistance with this matter is greatly appreciated. · . Sincerely, ~~ ' ----.. 'Y Thomas A. Genung encl. cc: The Honorable William L. Roby Stephen Shaw, CTO 19th Circuit Erick Mershon, Budget Manager 19th Circuit Keith Hartsfield, DCR Manager 19th Circuit " Mt ". REV. 1 PRICE QUOTATION Prepared for 19th Judicial Circuit Martin County 1 May 2007 STATEMENT OF WORK: CourtSmart shall install hanging choir microphones, amplifiers, and mixers in accord with the specifications below. RESPONSIBILITIES: 1. The 19th Circuit is responsible for all cabling within the courtrooms specifically relating to this quotation a shielded microphone cable from the location in the courtroom where each hanging microphone will be located to the courtroom mixer. 2. The 19th Circuit is also responsible for required cabling connecting the mixers and the servers to CourtSmart specifications. ALL PRICING IS IN ACCORD WITH FL ITN #06-001-JC MARTIN Microphones Choir Microphones Button Microphones 37 10 $ 340 $ 340 $ 12,580 $ 3,400 19th Circuit- Martin 5/1/07 - Audio CONFIDENTIAL 1 ., Amplifiers TOA - 4 channel 10 $ 1399 $ 13,990 Mixers Lectrosonics DM1612 10 $ 4250 $ 42,500 Lectrosonics DM812 2 $ 3050 $ 6,100 Control Units 12 $ 690 $ 8,280 Installation $ 18,690 TOTAL $ 105,540 ALL PRICES ARE PLUS ANY APPLICABLE TAXES THAT THE COUNTY IS SUBJECT TO ARISING FROM THIS TRANSACTION. Installation charges are for all CourtSmart related hardware and software. The Purchaser is responsible for providing all required cabling from courtrooms to server location and microphone cabling within the courtrooms if applicable. Training of all associated court staff included at no additional charge. It is assumed that all court staff trained will be experienced in the operation of Windows before training. CourtSmart will not train court staff on Windows. CourtSmart is basing the following quotation upon information provided to us by members of your staff. The requirements that were provided to us serve as the basis upon which our recommendation is based. Should your requirements change, it may be necessary to adjust our recommendations or pricing accordingly. CourtSmart reserves the right to substitute hardware manufacturers and models based upon availability and/or technology improvements. Any hardware so substituted will be of equal or greater performance. WARRANTY AND MAINTENANCE: All CourtSmart supplied software and hardware comes with a standard one (1) year warranty from date of installation. This warranty covers all parts and labor for any failures that occur in the normal course of system operation. It does not cover problems that occur through the misuse or abuse of the system nor does it cover actions taken or modifications made to the system contrary to the express direction of CourtSmart or failure to seek approval prior to undertaking such actions. Third party software such as Microsoft Windows and SQL are not covered under warranty or maintenance. CourtSmart provides at the conclusion of the warranty period a maintenance contract covering applicable software enhancements, fixes, and upgrades deemed appropriate by CourtSmart at its sole discretion, as well as providing 1-800 telephone support. The annual maintenance contract is invoiced at a cost of 12% per year of the purchase price of the system. CourtSmart proprietary software is provided through an End-User Licensing Agreement (EULA) that provides the User with a limited, non-exclusive, personal license to use the software on the computer that it was originally installed and for the purpose originally intended. The end- user, the Court, may not resell, assign, or give the software to any other entity without the express written permission of CourtSmart Digital Systems, Inc. Likewise; CourtSmart application software may not be installed on additional computers without payment of the 19th Circuit- Martin 5/1/07 - Audio CONFIDENTIAL 2 -. -.. '. required licensing fees. CourtSmart does allow the transference of licenses from one computer to a replacement computer for maintenance or upgrade purposes. CourtSmart developed hardware, reference manuals, and software constitutes a valuable asset of the corporation and is protected by Federal and International copyright law. The end-user must protect this material from accidental or deliberate disclosure to third parties by employees of the court system, its agents, or users of the system. Any such disclosures could cause irreparable hann to CourtSmart Digital Systems. 19th Circuit- Martin 5/1107 - Audio CONFIDENTIAL 3 BUDGET TRANSFER FROM RESERVES REQUEST FORM Date: May 22, 2007 Organization From: 7080 Transfer Number: 09901 - Reserves Agenda Date: May 22, 2007 Organization To: 5675 Item Number: WHEREAS, THE MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS, PURSUANT TO THE CHAPTER (129.06)(2)(b), FLORIDA STATUTES DETERMINED THAT AN APPROPRIATIONS FROM THE RESERVE FOR CONTINGENCIES MAY BE MADE TO INCREASE THE APPROPRIATION FOR ANY PARTICULAR EXPENSE IN THE SAME FUND, OR TO CREATE AN APPROPRIATION IN THE FUND FOR ANY LAWFUL PURPOSE, BUT EXPENDITURES MAY NOT BE CHARGED DIRECTLY TO THE RESERVE FOR CONTINGENCIES; THEREFORE BE IT RESOLVED THAT THIS ADMINISTRATIVE BUDGET AMENDMENT WITHIN THE FUND: 1585 BE APPROVED. Fund ACCOUNT NUMBER Organization Account Program AMOUNT LINE ITEM DESCRIPTION Activity FROM: 1585 7080 09901 590 $67,992.00 Reserves TOTAL: $67,992.00 TO: 1585 5675 04900 605 $67,992.00 TOTAL: $67,992.00 REASON: To transfer dollars from reserve to use to update court recording equipment throughout the 19th Judicial Circuit Approval: Disapproval: Department Head Date Department Head Date Administrative Services Date Administrative Services Date County Administrator Date County Administrator Date Batch Number Input Date AGENDA REQUEST ITEM: # C- 8 DA TE:June 12,2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT '¡X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Carl Holeva, Director, Human Resources SUBMITTED BY (DEPT): Human Resources SUBJECT: Resolution No. 07-204 BACKGROUND: By Resolution No. 86-173, adopted September 16,1986, and I subsequently amended, the Board of County Commissioners adopted the Employee Handbook for employees of St Lucie County in order to update personnel policies to reflect changes in the federal and state law and provide each employee with essential information regarding personnel policies and benefits, GENERAL NOTES: Resolution No. 07-204 will further amend the Employee Handbook by correcting a Scrivener error in Section 2.02 Staff Reduction, sixth paragraph, fourth line, that reads first four should read last four. In addition Section 4.09 Harassment Policy, first paragraph the last four lines were omitted and need to be included starting at" In addition and ending in including termination", FUNDS AVAIL: N/A PREVIOUS ACTION: Resolution No.86- 173 was adopted September 16, 1986, and subsequently amended. RECOMMENDATION: Staff recommends approval of Resolution No, 07-204 to correct Scrivener error in Section 2,02 of the Employee Handbook, Titled: Staff Reduction, and Section 4.09 of the Employee Handbook, Titled: Harassment Policy, CONC~ ~--- { Douglas M, Anderson County Administrator COMMISSION ACTION: I~ APPROVED [] DENIED [ ] OTHER: Approved 5-0 Review and Approvals County Attorney: ~ ~ Originating Dep!. if): "'f Management & Budget: Purchasing: Other: Other RESOLUTION NO. 07-204 A RESOLUTION AMENDING RESOLUTION NO. 86-173, AS AMENDED, BY AMENDING THE EMPLOYEE HANDBOOK FOR EMPLOYEES OF ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St, Lucie County, Florida, has made the following determinations: L By Resolution No. 86-173, adopted September 16,1986, and subsequently amended, the Board of County Commissioners adopted the Employee Handbook for employees of St, Lucie County in order to update personnel policies to reflect changes in the federal and state law and provide each employee with essential information regarding personnel policies and benefits, 2. It is necessary to further amend Resolution No, 86-173 to correct a scrivener=s error in Section 2,02 (Staff Reduction)" NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St, Lucie County, Florida: L Resolution No, 86-173, as amended, is hereby further amended to incorporate an amendment to Section 2,02 (Staff Reduction) of the Employee Handbook, attached hereto and incorporated herein as Exhibit AA@: 2, This resolution shall be effective on the date of adoption, After motion and second the vote on this resolution was as follows: Chairman Chris Craft XX Vice Chairman Joseph E, Smith XX Commissioner Paula A LewisXX Commissioner Charles Grande XX Commissioner Doug Coward XX PASSED AND DULY ADOPTED this XX day of XX, 200T ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY g: \atty\resoltn \2007\07 -204 .doc 2 BOARD' OF COUNTY COMMISSIONERS HUMAN RESOURCES DIRECTOR CARL HOLEV A AGENDA TO: BOARD OF COUNTY COMMISSIONERS FROM: Carl Holeva, Human Resources Director DATE: June 12,2007 SUBJECT: Resolution No.07-204, Amendment of St. Lucie County Employee Handbook BACKGROUND: Resolution No. 07-204 will further amend the Employee Handbook by correcting a Scrivener error in Section 2.02 Staff Reduction. sixth paragraph. fourth line that reads Erst four to read last four. (Please see attached policy) RECOMMENDATION; Staff recommends Board approval of Resolution No, 07-204 to amend the St. Lucie County Employee Handbook to correct Scrivener error in Section 2,02 of Employee Handbook, Respectfully Submitted. ~~; Carl Holeva Human Resources Director Attachment: Section 2,02 StatT Reduction. Employee Handbook JOSEPH E, SMITH, District No, 1 . DOUG COWARD, District No, 2 . PAULA A. LEWIS, District No, J . CHARLES GRANDE, District NO.4' CHRIS CRAFT, District No, 5 County Administrator - Douglas M, Anderson 2300 Virginia Avenue . Fort Pierce, FL 34982 · Phone (772) 462-1546 FAX (772) 462-2361 . TDD (772) 462-1428 · Job Line (772) 462-1967 · web site: www.co,st-lucieJI,us compensation for exempt employees who work in excess of their regularly scheduled workweek, The rate of pay for such additional hours worked shall be equivalent to the exempt employee's hourly rate of pay computed as if the employee was not paid on a salary basis, This additional compensation shall be in addition to the employee's regular salary, The County Administrator will identify the beginning and ending dates in which additional compensation will be paid to employees who are eligible for additional compensation, and will provide the appropriate forms for exempt employees to document their hours worked, Nothing herein shall be construed to affect the exempt status of such employees, Note: For further information please refer to your hurricane manual. Our first concern is for the employees' safety, All County buildings must be inspected for occupancy after a hurricane or natural disaster, Therefore, nonessential personnel who are not assigned emergency stations should not report to work until notified by calling the master phone line or by media release, 2.02 5T AFF REDUCTION If positions are eliminated within a division resulting in a lay-off of current employees, newly hired employees in evaluation periods holding jobs in the affected job classifications within the division will be identified for lay-off first In determining the order of layoff of employees other than employees in their evaluation period, the following criteria will be weighed equally: (a) ability, (b) skill, (c) attendance record for preceding twelve (12) month period, (d) evaluations, (e) any documented counseling or disciplinary actions in preceding twelve (12) month period, and (f) seniority, If the employee has the ability, skills and desire to reclassify to a lower paying position within his/her division, he/she may replace the least senior employee in the lower position provided he/she has more seniority than the employee he/she is replacing, The employee's rate of pay will remain the same if his/her wage is within the range of the lower position, If the employee's rate of pay exceeds the maximum of the lower position, the employee will receive the top of the range for the new classification. If an employee identified for lay-off is transferred from one department to another where a vacancy exists, and is required to take a reduction in pay, then that employee will have the option of receiving his/her vacation pay prior to being transferred, at the higher rate of pay, If the employee chooses not to take vacation pay before the transfer, he/she will be paid vacation leave at his/her current rate of pay when he/she chooses to take vacation, If a full-time employee is laid-off, he/she will be compensated for vacation in full and receive accrued sick leave, not to exceed eighty (80) hours, unless the employee has ten years of continuous service for which he/she will receive no more than a Rev, 04,06 Section 2- 6 · . maximum of four hundred eighty (480) hours and two hundred forty hours (240) for employees with six or more but less than ten (10) years of credible county employment Part-time employees who are laid off will receive vacation and sick leave prorated based on an average two- week work period. Recognizing the hardship a lay-off creates for an employee, the County will continue to pay the County's portion of health insurance premiums for one full month after lay-off for the employee and family coverage. After this additional month of coverage, the employee must determine whether he/she wants to pay for the health plan, An employee electing to continue paying the premium under COBRA will be notified and be given sixty (60) days to determine if he/she elects to be covered. The employee will then have forty-five (45) days to make premium payments, ensuring no break in health coverage, He/she will be eligible to continue payment at group rates for at least eighteen (18) months at the St Lucie County current group policy costs, Seniority is defined as the employee's last date of hire with the County with deductions for absences of sixty (60) working days, If employees have the same seniority date, their relative seniority dates shall be determined by the zm.:,four digits of the employee's social security number, the lowest number being the most senior, All employees subject to lay-off' will be counseled by the Human Resources Department on other employment opportunities and community assistance. 2.02.01 RECALL AFTER LAY-OFF A laid-off employee is eligible to remain in a recall status for thirteen (13) months from date of layoff. The County's obligation under this provision will continue for one (1) full year from the date of layoff, A person recalled within the year will not lose seniority; however, the amount of time he/she is laid off will not be credited for seniority, retirement, and benefit purposes. When the County decides to increase the work force, the employee(s) will be called back in their order of layoff by classification, e,g" last out, first in, providing the employee(s)still can meet the minimum job requirements as stated in the job description and pass a physical including a drug test The employee must notify the Human Resources Department at time of layoff whether he/she desires to be recalled only to the job in which he/she was laid off or to any available position for which he/she is qualified, Notice to an employee regarding the County's intention to recall a former employee shall be by certified mail to the last known address and by documented telephone call to his last known telephone number, with both being shown in the personnel file. If the employee so notified does not apply in the Human Resources Department or give notice of intention in writing to apply with five (5) working days of receipt of the notice, it shall be assumed that person has resigned and all rights accrued previously shall be forfeited, If an employee refuses in writing to accept the job offered because it is a Rev 04,06 Section 2- 7 y 4.09 HARASSMENT POLICY It is the County's policy that all employees should be able to work in an environment free from all forms of discrimination and harassment prohibited by state and federal law, including but not limited to sexual harassment. The County will not tolerate any form of discrimination against or harassment of employees by anyone at any level, including department heads, managers, supervisors, other employees, or the public. In addition, the County will not tolerate harassment of members of the ublic b an Count em 10 ee. Harassment b an em 10 ee of another em 10 ee or a member of the ublic shall be rounds for disci linar action u to and including termination. SEXUAL HARASSMENT DEfINED The Equal Employment Opportunity Commission defines sexual harassment as unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature when: 1) submission to the harassment is made a term or condition of employment; 2) submission to or rejection of the harassment is used as the basis for employment decisions, or 3) the harassment unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive working environment. Sexual harassment does not refer to occasional compliments of a socially acceptable nature. It refers to behavior that is disrespectful, unwelcome, and personally offensive. FILING A COMPLAINT Employees who believe they have suffered discrimination or harassment should immediately report it to their supervisor, the Human Resources Director, or any other member of management. It is the responsibility of all management level employees to initiate an investigation by contacting the Human Resources Director immediately upon hearing about or seeing any possible incidence of discrimination or harassment. No adverse action will be taken against an employee for filing a complai nt. COMPLAINT INVESTIGATION The County will aggressively and timely investigate all complaints of discrimination or harassment. The Human Resources Director or designee and an appropriate AGENDA REQUEST ITEM NO. C-9 DATE: June 12,2007 REGULAR 0 PUBLIC HEARING 0 CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants/ Disaster Recovery PRESENTED BY: Ken Justice I Grants writer SUBJECT: Authorize the submittal of a grant application to the National Coastal Wetlands Conservation for funds in amount of $1,000,000 from the U. S. Department of Interior - Office of Fish and wildlife Service. These funds will acquire and restore environmentally sensitive lands owned by Harbor Branch oceanographic Institution (HBOI). Additionally, authorize the acceptance of the grant if it is awarded. Grant funds, to be matched by the Florida Communities Trust (FCT) and/or St. Lucie River Issues Team funds, will be utilized to acquire and restore valuable wetland preserve areas. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: The grant requires a 50% match in the amount of $1,000,000. Alternative grant source funds will serve as required match that include the Florida Communities Trust (FCT) Grant or the St. Lucie River Issues Team Grant. In the event the alternative grant sources fail, the proposed National Coastal Wetlands Conservation Grant application will be rescinded. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board authorize the submittal of the National Coastal Wetlands Conservation Grant application for the Harbor Branch Preserve project and the acceptance of the grant if it is awarded. ~APPROVED o OTHER: o DENIED COMMISSION ACTION: Approved 5-0 Review and AP'MvaIS County Attorney: Þ, Originating Dept: 4j- Finance: - Do' as M. Anderson County Administrator Management & Budget: .ßLL..ÌNW--5'I Other: . -, (Check for Copy only, if applicable) Purchasing: _ Other: Effective: 5/96 ............ '. ST. LUCIE COUNTY _ g~:::i~E~~ASTER RECOVERY MEMORANDUM To: From: Date: Subject: Board of County Commissioners Ken Justice\CY' May 29, 200f:! Consent Agenda Item C9 (Harbor Branch Oceanographic Institute-HBOI) In a cooperative effort involving Senator Ken Pruitt and President Frank Brogan of Florida Atlantic University, St. Lucie County developed a proposal to acquire 220 of 520 acres owned by HBOI. The proposal was presented to HBOI on 8/28/2006 in a meeting that involved Senator Pruitt, President Brogan and County Administrator Douglas Anderson. At that meeting, HBOI agreed in principle to the proposal. An informal appraisal of the lands completed by the Division of State lands, values the lands at approximately $30 million. The County intends to apply for financial assistance from three sources for the project: 1. the Florida Forever Program, 2. 1. Florida Communities Trust (FCT) and 3. St. Lucie River Issues Team (SLRIT). Staff is requesting Board approval at this time to submit an additional funding source, the National Coastal Wetlands Conservation Grant application, which requires a 50% match totaling $1,000,000. The Florida Forever grant application has already been submitted and staff intends to apply to SLRIT in August 2007. Funding received from either the FCT or the SLRIT will be utilized for the required match of $1 million. However, in the event that the grant application fails, the County will rescind the National Coastal Wetlands Conservation Grant application. Since the above referenced meeting of 8/28/2006, St. Lucie County asked the Trust for Public Lands to assist in acquisition of HBOI lands by serving as an interim owner until St. Lucie County is able to secure grant funding. This action was approved by the Board of County Commissioners on 9/26/2006. During negotiations between HBOI and TPL, HBOI expressed a possible interest in selling an additional 33 acres, which would increase the project acreage. On 2/13/2007, the Board approved the County's application to the Florida Forever Program. At that same time, the Board approved an increase in the amount acreage to be acquired from 220 acres to 253 acres. The application to the Florida Forever Program was submitted to the Department of Environmental Protection (FDEP) during February 2007. After their review of the application, a request was made by FDEP to increase the project by an additional six acres to acquire lands known to possess a very large population of Lakelas mint, an endangered plant which grows naturally only in a three mile area on the Atlantic Coast Ridge in northern St. Lucie County and southern Indian River County. HBOI was consulted regarding this request and they have agreed to include the additional six acres in the project. Staff recommends the Board authorize the submittal of the National Coastal Wetlands Conservation Grant application for the Harbor Branch Preserve project and the acceptance of the grant if it is awarded. AGENDA REQUEST ITEM NO.: C-9B DATE: June 12,2007 CONSENT [X ] REGULAR [] PUBLIC HEARING [] Leg. [ ] Quasi-JD. [ ] "j¡Pij';JI!"'~Ð'</&;'I}~""'; ',-" '\ >;;', l"'j'\'i),{,'- "-. " ';.'11"' '",:",' ti ','¡;~"'-'i;'<;¡"-"'"..<~"~" ','I~ '~. '. i1.' ^,i'fJ;§,. COUNTY '* FLORIDA . " '.~.,~ TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants/Disaster Recovery PRESENTED BY: Roberta Breene. Grants Resourc.Developer SUBJECT: Authorization of the submittal of a grant application to the Florida Department of Community Affairs, Division of Emergency Management, ResidentialConstruction Mitigation Program requesting an amount not to exceed $200,000 to further a program to provide wind resistant remedies for low income homes. In addition, authorization to accept the grant if awarded. BACKGROUND: St. Lucie County Community Services, University ofFlorida Extension Service, Habitat for Humanity, and the Fort Pierce Housing Authority are expected partners on this project. Funds will be used to hire a temporary Extension Service person who is capable of assessing homes to determine methods of improving their ability to withstand hurricane force winds. Funds will also be used to purchase storm panels for low-income homes and to provide workshops for County residents to teach inexpensive methods of strengthening their own homes. This grant has been submitted and awarded for the past two years. FUNDS AVAIL.: There is no County cash match for this project.Any required match will be in-kind. PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends the Board authorize the submittal of a grant application to the Florida Department of Community Affairs, Division of Emergency Management, Residential Construction Mitigation Program requesting an amount not to exceed $200,000 to further a program to provide wind resistant remedies for low income homes.ln addition, authorization to accept the grant if awarded. C~ISSION ACTION: [ ] APPROVED [ ] OTHER: Approved 5-0 DENIED Mgt & Budget: Public Works: Dou a Anderson County Administrator atures County Attorney: Originating Dept: ~A.C£r-"- Finance: (copies only): Ir Purchasing : Other: AgeUF2002.doc To: From: Date: Subject: Soard of County Commissioners Roberta Sreene, Grants Writer June 12, 2006 SDCC Meeting, June 12, 2006, Consent Agenda Item C-9S Florida Department of Community Affairs, Division of Emergency Management Residential Construction Mitigation Program Following the onslaught of Hurricanes Frances and Jeanne, over 2,000 home were condemned in St. Lucie County. At one point following the storm events, the FEMA Summary of Temporary Housing indicated that there were 1,090 leased travel trailers on private property, 13 mobile homes on private property, 394 travel trailers on commercial property and 39 mobile homes on commercial property. This program to educate the public and install wind-protection retrofits on low income homes will cost only a minimal amount compared to the long-term costs that could occur if left unprotected. The County applied successfully for these grant funds in 2005 and in 2006. The current proposal would further the program already in place to provide wind-retrofit education and protection on low income homes. The required match will be met with in-kind service. AGENDA REQUEST ITEM NO. C-10A DATE: June 12, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport Diana Lewis. Airport Director SUBJECT: Approve Budget Resolution Number 07-198 for Supplemental Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for the Parallel Runway 9L127R Design/Construction. BACKGROUND: In June 2005, the Board accepted Supplemental FDOT JPA (236686) for $80,830 (requiring a local match of $80,830) in addition to the Federal Aviation Administration (FAA) amount of $3,071,556 for a total of $3,233,216. These grants are for the new parallel runway at the St. Lucie County International Airport. Subsequently, the FAA advised that a discretionary grant for the runway and the Airport's entitlement grant would be increased to $7,173,466. This resulted in FDOT increasing the Supplemental JPA by $215,890, which includes a $107,945 increase in FDOT funding and $107,945 increase in the local match. FDOT is now increasing the supplemental JPA by another $186,716, including $93,358 in FDOT funds and a local match amount of $93,358 to match anticipated FAA funding. The total JPA amount will increase by $186,716 to $564,266, or $282,133 from FDOT and $282,133 in the local match. The Board is requested to approve the Budget Resolution No. 07-198 to establish the funds for this project. FUNDS AVAILABLE IN ACCT#: Funds will be available in FDOT grant fund 140335-4220-563000-48006 Infrastructure; Matching funds of $93,358 are available in the Infrastructure account 140-4220-563000- 4804 PREVIOUS ACTION: Supplemental JPAs were approved in October 2004 for $27,736; in June 2005, for $161,660; in April 2006, for $215,890; and in April 2007 for $186,716. RECOMMENDATION: Staff recommends the Board approve Budget Resolution No. 07-198 for the Florida Department of Transportation (FDOT) Supplemental Joint Participation Agreement (JPA) in the amended total amount of $186,716 (FDOT $93,358; Local $93,358) for the design and construction of parallel Runway 9L127R for the St. Lucie County International Airport and authorize the Chair or designee to execute same. COMMISSION ACTION: t~PPROVED [ ]DENIED [ ]OTHER: Reviews & Approvals at/ -¡C'" (}J~ cou~~;./6. OM~1'), , urchasing Airport: Other: ""'.....-/ Other: Finance:(Check for Copy only, if applicable) Approved S-O Memorandum DATE: May 25, 2007 TO: The Board of County Commissioners FROM: Diana Lewis, Airport Director SUBJECT: Budget Resolution 07-198, Design/Construct Proposed Parallel Runway - Agenda Item C-10A - June 12, 2007 On June 19, 2001, the Town of St. Lucie Village approved the construction of the proposed parallel runway 9L127R at the Airport. On June 21,2001, the Airport Master Plan Study Group approved the concept of the Parallel Runway 9L127R. A Supplemental funding request to design and construct the Proposed Parallel Runway 9L127R at St. Lucie County International Airport was approved by the Board of County Commissioners (BOCC) in October 2004. Funding for the project consists of funds in the amount of $13,868 from the Florida Department of Transportation (FDOT), $13,868.00 of airport funds, and $527,000 from the Federal Aviation Administration (FAA) making a project total of $554,737.00. In June 2005, the BOCC accepted Supplemental FDOT JPA (236686) in the amount of $80,830 with a local match of $80,830 for a total JPA project of $161,660. The proposed Federal Aviation portion of this additional funding was in the amount of $3,071,556 for a proposed project total of $3,233,216. On April 11 ,2006, the BOCC accepted Supplemental FDOT JPA (236686) increasing the grant by a total of $215,890, which included $107,945 in FDOT funds and $107,945 in a local match. The total JPA amount was $377,550. On April 10, 2007, the BOCC accepted this FDOT Supplemental JPA to increase grant amount by $93,358. This would also require an increase in the local match of $93,358. The total JPA amount will increase by $186,716 to $564,266, or $282,133 from FDOT and $282,133 in the local match. The Board is requested to approve the Budget Resolution No. 07-198 to establish the funds for this project. Matching funds of $93,358 are located in the Infrastructure account # 140-4220- 563000-4804. Staff recommends the Board approve Budget Resolution No. 07-198 for the Florida Department of Transportation (FDOT) Supplemental Joint Participation Agreement (JPA) in the amended total amount of $186,716 (FDOT $93,358; Local $93,358) for the design and construction of parallel Runway 9L127R for the St. Lucie County International Airport and authorize the Chair or designee to execute same. . RESOLUTION NO. 07-198 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Transportation through a Joint Participation Agreement in the amount of $93,358 as funding for the design and construction of parallel Runway 9U27R. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 5th day of June, 2007, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2006-2007, and the County's budget is hereby amended as follows: REVENUE 140335-4220-334411-48006 FDOT -Transportation $93,358 APPROPRIATIONS 140335-4220-563000-48006 Infrastructure $93,358 After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairperson XXX Commissioner Joseph E. Smith, Vice Chairperson XXX Commissioner Doug Coward XXX Commissioner Paula Lewis XXX Commissioner Charles Grande XXX PASSED AND DULY ADOPTED THIS DAY OF JUNE 12,2007. BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN ATTEST: APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY AGENDA REQUEST ITEM NO. C-l0B DATE: June 12, 2007 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Airport Diana Lewis, Airport Director SUBJECT: Request that the Board approve Change Order #7 - Dickerson Florida, Inc. for a decrease in final contract cost of $29,756.64, changing the contract amount from $4,451,276.08 to $4,421,519.44, and approve the Final Invoice and Release of Retainage on Contract Number C05-Q3-077, for the infrastructure construction of the Airport West Commerce Park. BACKGROUND: In March 2005, the Board approved Contract Number C05-03-077 with Dickerson Florida, Inc., in the amount of $4,016,490.42, for the construction of infrastructure improvements for the Airport West Commerce Park. The Board approved change Order #1 in October 2005, for $24,516.80 to provide and install silt fence, floating turbidity barriers and hay bales, with no additional time. With Change Order #1, the total construction costs are $4,041,007.22. Change Order #2, approved in January 2006, removed the excavation, clearing and grubbing work done by the County's Road and Bridge Division, and replaced Alternate 1 items with Alternate 2 that addressed areas to the west of Taylor Dairy only. The Change Order also included revisions in unit prices, the quantities, or both, and added time to the contract to meet the current schedule for substantial completion by September 11, 2006. This results in an additional cost of $170,625.24 to the contract, increasing the construction cost to $4,211,632.46. Change Order #3 was approved on April 18, 2006, to increase costs of curb inlets, manholes, and pipe. In order to keep this change order at no cost, items to be completed at the end of the project were deducted. Change Order #4, which was approved on July 11, 2006, added surveying and staking, a new 96-inch water pipe, concrete headwalls, rip rap, handrail and additional maintenance of traffic. Since no additional budget was available, the irrigation system was removed as a work item. Additionally, the change order allows payment for stored materials without any retainage. Change Order #5, approved in September 2006, added 197 days to the schedule, changing the completion date to March 27, 2007. This was recommended by the project engineers, PBS&J, because of the permitting issues that have delayed construction on this project. Change Order #6, which was approved December 19, 2006, included costs for additional mobilization and maintenance of traffic, drainage changes resulting from permit reviews, installation of irrigation and electrical sleeves under pavement, adding sod that was removed last fiscal year when money was required to do other tasks, and having the contractor finish the grading and excavation work that Road and Bridge had partially completed. The cost of this change order is $435,633.77, but no additional time was required. Final Change Order #7 adjusts final quantities, adds grading tasks, includes gate and fence at Taylor Dairy Road entrance, and includes erosion controls, with a resulting reduction in the contract amount by $29,756. This agenda also is a request to release retainage and pay the final invoice. FUNDS AVAILABLE IN ACCT#: 140-4220-563000-48004 (Local funds), 140128-4220-563000-48004 (EDA grant), 140322- 4220-563000-48004 (FDOT grant), 140327-4220-563000-48004 (FDOT Intermodal grant) - All are in INFRASTRUCTURE; RETAINAGE ACcrS: 140-0000-205100-000 (Local), 140128-0000-205100-000 (EDA grant), 140322-0000-205100-000 (FDOT grant), 140327-0000-205100-000 (FDOT Intermodal grant) PREVIOUS ACTION: In March 2005, construction awarded to Dickerson for $4,016,490.42. Change Order #1, approved in October 2005, increased the project cost by $24,526.80 and in January 2006, Change Order #2 added $170,625.24 in costs, increasing the construction cost to $4,211,632.46. On April 18, 2006, the Board approved Change Order #3 to add an increase in costs for curb inlets, manholes, and pipe, and to delete sod as a means to keep this a no cost change order. Change Order #4 was approved on July 11, 2006, and added tasks and deleted the irrigation system for a net reduction of $195,990.15. Change Order #5 was approved on September 12, 2006, which added 197 days to the project schedule but no cost. Change Order #6 was approved on December 19, 2006, which increased the project cost by $435,633.77 with no additional time. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Change Order #7 for Dickerson Florida, Inc. for a decrease in final contract cost of $29,756.64, changing the contract amount from $4,451,276.08 to $4,421,519.44 with no additional time, and approve the Final Invoice and Release of Retainage on Contract Number C05-03- 077, for the infrastructure construction of Phase I of Airport West Commerce Park, and authorize the Chair or designee to execute the same. COMMISSION ACTION: '[~PPROVED [] DENIED Approved S-O [] OTHER: Review and A County Attorn Originating Dept: Finance: _ ( Purchasing: _ Other: STAFF REPORT DATE: May 25/2007 TO: Board of County Commissioners FROM: Diana Lewis/ Airport Director SUBJECT: Request that the Board approve Change Order #7 for Dickerson Florida, Inc. for a decrease in final contract cost of $29,756.64, changing the contract amount from $4,451,276.08 to $4,421,519.44 and approve the Final Invoice and Release of Retainage on Contract Number C05-03-0n, for the infrastructure construction of the Airport West Commerce Park, Item (-lOB In March 2005, the Board approved Contract Number CD5-03-0n with Dickerson Florida, Inc., in the amount of $4,016,490.42, for the construction of infrastructure improvements for the Airport West Commerce Park. Not included in the bid documents were materials and methods to provide erosion control. Change Order #1, which was approved by the Board in October 2005, included a total of $24,516.80 to provide the erosion control needed without additional time. Change Order #1 resulted in the construction costs of $4,041,007.22. In January 2006, Change Order #2 was approved that removed the excavation, clearing and grubbing work done by the County's Road and Bridge Division, replaced Alternate 1 items with Alternate 2 that addresses improvements to the areas west of Taylor Dairy only. The Change Order also included adjustment in unit prices, the quantities, or both, and added time to the contract to meet the current schedule for substantial completion by September 11, 2006. This resulted in an additional cost of $170, 625.24 to the contract, increasing the construction cost to $4,211,632.46. Change Order #3 was approved on April 18, 2006, which adjusted the costs of curb inlets, manholes, and pipe, while deducting costs for sod, seed, and mulch, in order to keep the change order at no net change to the contract. Additional funds to complete the project have been requested in the next budget, and if approved the sod, seed, and mulch items will be added back into the project. Change Order #4, approved on July 11, 2006, added more surveying and staking, 96-inch water pipe, concrete headwalls, riprap, handrail and additional maintenance of traffic items. These tasks total $257,009.85. Since no additional budget is approved on this project for the current fiscal year, the irrigation system was removed as a work item at a cost of $453,000.00, leaving a net decrease in the project costs of $195,990.15. Additionally, this change order included payment for stored materials without any retainage. Change Order #5, approved in September 2006, added 197 days to the schedule, changing the completion date to March 27, 2007. This was recommended by the project engineers, PBS&J, because of the permitting issues that have delayed construction on this project. Change Order #6, approved in September 2006, included costs for additional mobilization and maintenance of traffic and drainage changes resulting from permit reviews. Also, installation of irrigation and electrical sleeves under pavement had to be added back in along with sod because these items were deleted last fiscal year from the contract when money was required to do other tasks. This change order also has costs for having the contractor finish the grading and excavation work that Road and Bridge had partially completed. The Road and Bridge Division was not able to meet the contractor's schedule for completion so it was decided to have the contractor finish the work. This resulted in an additional cost of $435,633.77, but no additional time is required. Final Change Order #7 adjusts final quantities, adds grading tasks, includes gate and fence at Taylor Dairy Road entrance, and includes erosion controls, with a resulting reduction in the contract amount by $29,756. This agenda also is a request to release retainage and pay the final invoice. Staff recommends that the Board of County Commissioners approve Change Order #7 for Dickerson Florida, Inc. for a decrease in final contract cost of $29,756.64, changing the contract amount from $4,451,276.08 to $4,421,519.44 with no additional time, and approve the Final Invoice and Release of Retainage on Contract Number C05-03-077, for the infrastructure construction of Phase I of Airport West Commerce Park. CHANGE ORDER ST. LUCIE COUNTY PROJECT: Airport West Commerce Park St. Lucie County International Airport CHANGE ORDER NUMBER: 7 (Final) INITIA TION DA TE: 5/18/07 CONSULTANT'S PROJECT NO.: 071378.07 (PBS&J) TO Dickerson Florida, Inc. P,O. Box 910 Ft Pierce, FI 34594-0910 ST. LUCIE COUNTY CONTRACT NO: C05-03-077 CONTRACT DATE: 03/15/05, NTP03/18/05 You are directed to make the following changes in this contract: -As-built quantity adjustments -Adjustment of pond side slopes and drainage -Addition of fencing and gates along Taylor Dairy Rd. -Addition of drainage swale along property line adjacent to Parker Platts (Additional sheet attached as Exhibit A) The originai.(Contract Sum) was Net change by previous authorized Change orders The (Contract Sum) prior to this Change order The (Contract Sum) will be (decreased) by this Change Order The new (Contract Sum) including this Change order will be The Contract Time will be (Increased) by The Date of Substantial Completion as of the date of this Change Order therefore is: 3/27/07 $ 4,016,490.42 $ 434,785.66 $ 4,451,276.08 $ {29,756,64} $ 4,421,519.44 o Days 140-4220-563000-48004, 140128-4220-563000-48004 140322-4220-563000-48004, 140327-4220-563000-48004 Funds Available: Account Numbers The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents, Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed, All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: Approved: P85+~ ArchitecUEngineer L/'F7. .5'. K~Ue/' ~ cL t 0 r-Ú~c;~.9 . ~ddr~ 4/~¿t.- r~ A.-..--. By AJlf!:ed To: ,,1)'" fr ",/,~'.):; PIc.1/'~ cJ'4 I,,<,.'('·_ Contractor St. Lucie County Department Address .,Ç/~J/07 Date By Authorized St. Lucie County:2300 Virginia Ave., Ft. Pierce, FL 34982 1? 0 l?ti)é <1 to Pi: f?¿-"".c:' PI. .,1({'[:5-" 4/\ ì_ V ß- ~-- ).. ç--cJ r ~ D~ By: Date Approved as to Form and Correctness: County Attorney EXHIBIT A CHANGES ORDERED ¡ITEM QUANTITY! UNIT! PRICE¡ AMOUNTI ADD/DEDUCT ~11~~~~~~~11~!1~\'1~'1 .f.ººI..~.~.º'¡.Iy.p.,~..::f.::.f.!!r.!?.......................................................................L.............(~!.~!?ª.:ººH.........hf.jJ..................1.~:~~..LÆ................J~i?~~.~:.~~2L....."'......9.§p.,~ç,.T.. gl!t~~~~~~~~~~~4~~~I+gI~~i!ill~~il¡t~~11 ...............J.1.~.!.~.~~..B.9..~..!!:!~.!~!!.~!!!?!!.!.~.~g!..............................................L............................J1.H.........!::§.L~........;?,?:i?~.~:.QQ.i..Æ.................t~?~.~.~:.Qg,!L..............Q§!?,~ç,.T.. ..................1.~~i.~.~::..M.~§.....................................................................................L.,......."'.................mL........~.ð.L!..............~~.Q:.Qg..LÆ..................J1ß1.Q:.Qg.!L..............Q§!?,~ç,.T.. ~lili~~~~~~~~~~~~~~~11t~lf:~1\ït~J¡il~~~tl] ................·~~·gl·:~..§~·º...........·....·..·..·...."'....·........·.......·...·..........·.................·..I..·....·......·...............~~)l........EH·~.....·....·..·..·~~~~~·t..:·..·..·..............1'~~~:~~1t.......·....·....i5~6·¡]gf· ~~~~-~~~~~~=~~~~~~~~~~~~~~f=~~~~,~~~~~!~~~.! TOTAL $ (278,394.23) ¡ITEM QUANTITY! UNIT! PRICE! AMOUNT¡ ADDIDEDUCT ~~1If~;~~~~=~~ì~~~:ml~1!1~~}1]~~~~\,~~~j FD9.! .16.5¡.§!.~.~.i.!!~~.~..§.~.~.g!.~~~J1.~:2..!::êB..1.Q.........................i...........................~~..i.........§.y.U...................~:.~Q..l.L...................1.:~~.?:.~g..1..........................~Qp.. ..........................!'................ of swale alon ro ert line ¡ 1! LS¡ $ 25,729,16 ! $ 25,729,16 ¡ ADD ::::::::::::::::::::::::::i:~:.~;.~f!~!!~L:::::::::::::::~::=:::::=::::::~::::::::::::::::::::::::::::::r:::::::::::::::::::::::::::::::::::r:::::::::::::I::::::::::::::;~:;~:~I:~::::::::::::::::~;:~~;~:~:I::::::::::::::::::::::::::::::::::: CHANGE ORDER #7 $ (29,756.64) .~. Please Remit to: . Dickerson Florida Inc PO Box 910 Ft Pierce, FL 344954-0910 (772) 429-4444 ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE: 1. ORIGINAL CONTRACT AMOUNT 2. ADDITIONS TO CONTRACT 3. DELETIONS 4. ADJUSTED CONTRACT AMOUNT TO DATE Period Ending: Estimate No : Project # SLC AIRPORT W COMMERCE PK PO# P2512121/P2610918 May 25, 2007 22 3403 RECEIVED $ 4,016,490.42 630,775.81 (225,746.79) 4,421,519.44 MAY 2 5 LUUI $ ANALYSIS OF WORK PERFORMED: AI RPORT ST. LUCIE COUNTY 1. COST OF ORIGINAL CONT WORK TO DATE 2. EXTRA WORK PERFORMED TO DATE 3. TOTAL COST OF WORK PERFORMED TO DATE $ 4,016,490.42 405,029.02 4,421,519.44 4. LESS RETAINAGE: 10% '5. NET AMOUNT EARNED ON CONTRACT WORK TO DATE 0.00 4,421,519.44 6. BILLED ON PREVIOUS ESTIMATES 7. SUBTOTAL 8. STORED MATERIALS 9. TOTAL OF THIS ESTIMATE NO 18 3,798,937.75 622,581.69 0.00 622,581.69 STATUS OF ACCOUNT TO DATE: 1. NET AMOUNT EARNED ON CONTRACT TO DATE 2. STORED MATERIALS 3. SUBTOTAL 4. LESS PAYMENTS RECEIVED TO DATE 5. BALANCE DUE $ 4,421,519.44 0.00 4,421,519.44 3,798,937.75 622,581.69 . $ CERTIFICATION OF CONTRACTOR I certify that all items and amounts shown on the face of this estimate no. 22, are correct; that all ¡/\fork has been performed and/or materials supplied in full accordance with the terms and conditions :>f ST LUCIE COUNTY (Owner) and Dickerson Florida, Inc (Contractor), dated Mar 15, 2005; :hat the items for which payment is requested have not been paid and there is no vendors, mechanics, Jr other liens or conditional sales contracts which sho be s . fied or discharged before such Jayment is made. t:7 (Notary ~~!I..~ CornmIDD0308773 ~ernie ~ ~ EIIIiw 4N2OOI !1 ~ ~ Ionded fIN (1OO)432-4254~ ·Pf,::" FIoIid8 NoIøyMn., 1m: ~ Date: May 25, 2007 :ERTIFICATION OF CONSTRtJêfïõÑ"ËÑGIÑÊER certify that I have checked and verified this Estimate No. 22 ,and that to the best of my knowledge md belief, it is true and correct statement of work performed and materials supplied by the contractor md that the contractors certified statement of this account and the amount due him is correct. 2~ IY: lTLE: P~t:! JEé:: /It/,AI.4£LZ FOR: ./ 6;;l2¡ /~/. 6'? -'f/~7 DATE: ITEM NO. C-11a DATE: June 12,2007 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: Accept the Lakehurst Drive project (Drainage R.O.W. Restoration - Sandia Drive to Airoso Boulevard) which was completed in general accordance with the plans and specification and to provide Final Payment and release of retainage to Contract #C06-02-168 in the amount of $27,187.50 to Johnson-Davis, Inc. deducting $400.00 for overtime requested by the contractor from the invoiced amount and approve Change Order #2 deducting $16,307.50 for service not required. BACKGROUND: See attached Memorandum 07-164 for additional information. FUNDS AVAILABLE: Funds are available in retainage 102001-0000-205100-42512 - $16,307.50 and 102110-0000-205100-42512 - $11,280.00 PREVIOUS ACTION: On February 13, 2007, the Board approved Change Order #1 in the amount of $179,382.50. On February 28, 2006, the Board approved accepting the USDA Natural Resource Conservation Service grant for 75% funding in the amount of $84,600.00 and awarded Johnson-Davis, Inc. the contract for the repairs in the amount of $112,800.00. RECOMMENDATION: Staff recommends the Board approve and authorize the Chairman to accept the Lakehurst Drive project (Drainage R.O.W. Restoration - Sandia Drive to Airoso Boulevard) which was completed in general accordance with the plans and specification and to provide Final Payment and release of retainage to Contract #C06-02-168 in the amount of $27,187.50 to Johnson-Davis, Inc. deducting $400.00 for overtime requested by the contractor from the invoiced amount and approve Change Order #2 deducting $16,307.50 for service not required. [xl County Attorney [x] Project Manager [x] Road & Bridge fJ' IX] ~ ¡X~ Mgt & Budget A A '^ Ml. tV [x] Executive Asst ~ [x] [ ] oug Anderson County Administrator 0'9''''''09 o",t. P,"loWa"", Doo W~fE. ~. Finance Dept C 0 ~}l ~ ? (Check for copy only, if applicable) E: COMMISSION ACTION: [~APPROVED [ ] DENIED [ ] OTHER Approved S-O DIVISION OF ENGINEERING MEMORANDUM 07-164 TO: Michael Powley, P.E. - County Engineer Via: Barbara Meinhardt - Executive Assistant John Fronk, AICP, P.~ Senior Project Engineer May 25,2007 FROM: Date: Subject: Lakehurst Drive (Sandia Drive to Airoso Boulevard) <..,«~:.==::m ~- - ''''·''_.._n...._ "::;'.':"~~::~~~_'_~~'::::,,":-.......,,:~~""""""";.~~ .::'".;IÞ The goal of these USDA Natural Resources Conservation Service funds is to slow runoff and prevent erosion in order to safeguard lives and property during heavy rain events. As a result of Hurricane Wilma, the canal banks along portions of Lakehurst Drive were severely eroded, specifically between Sandia Drive and Airoso Boulevard. This canal slope restoration project reshaped the banks in a 3:1 slope using, in part, the material that was removed from the canal. The bank was then pinned and sodded. St. Lucie County's responsibility included securing any permits necessary and providing construction project oversight. The grant funds are being used to assist with the repairs within the Lakehurst Drive Canal Repair project by paying approximately 75'Yo of the $112,800 total project cost. DIVISION OF ENGINEERING ';~ MEMORANDUM c:~ .,.' 07~146 TO: FROM: Dan Mcintyre, County Attorney Mike Powley, County Engineer \J.,,·~L'1'· ~" ." . .~t.;. , 1;,.,.;;:" 'I,. DATE: May 7, 2007 SUBJECT: Lakehurst Ditch Canal Embankment Restoration Attached are the Releases of Lien for the above referenced project. Please approve for correctness. If we can be of any assistance, please call John Frank, Senior Project Engineer, at extension 2097. Bam Attachments (2) cc: Don West, Public Works Director Craig Hauschild, Assistant County Engineer John Frank, Senior Project Engineer v"" hdl \~~ ~1 ð~. rofo1 ~ r--~-~~=-~'-'~--' , ,--" rc; ~ rs n '1'1 D ~ ¡ ¡ p 1 :_~"'H;~__ ,: ! i '\L ...!~.,- r ¡ ,-' CHANGE ORDER ST. LUCIE COUNTY PROJECT: Lakehurst Dr. Canal Road Restoration CHANGE ORDER NUMBER: 2 (name, address) INITIATION DATE: 3/26/07 TO (Contractor): CONSULTANTS PROJECT NO.: N/A ST. LUCIE COUNTY CONTRACT NO: C06-G2-168 Johnson-Davis, Inc. 604 Hillbrath Dr. Lantana,FL 33462 CONTRACT DATE: 2/28/06 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - Yes) SEE ATTACHED EXHIBIT "AN The original (Contract Sum) was................ .......... ........ ................ ....... ...... ..... ..... ........ .......... ................. ........... ....... $112,800.00 Net change by previous authorized Change orders................................................................................................ $ 179,382.50 The (Contract Sum) prior to this Change Order was................................................................................................ $292,182.50 The (Contract Sum) will be decreased by this Change Order... .......... ......... .......... ......... ...... ......... ........ ...... ......... .... ..... ....... ...... ....... ............. ........ ....... ....... $(16,307.50) The new (Contract Sum) including this Change Order will be................................................................................. $275,875.00 The Contract Time will be unchanged by .............................................................................................................( -199 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: March 15, 2007 Funds Available: Account Number The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges ånd agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of peñormance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work peñormed under this Change Order shall be peñormed in accordance with the contract specifications. Recommended: St. Lucie County. Enaineerina Division Architect/Engineer 2300 Virainia Ave.. Ft. Pierce. FL 34982 Address 3/26/07 Date 34982 i.- 7:>8 tAl 3126~ 7 .E. PIW Dir. Date Agreed To: Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 6 Hillbrath Dr. Address Johnson-Davis Inc. Contractor By: Chairman Date Approved as to Fonn and Correctness . Date .... /~2/o7 County Attorney l"- S N IlÏ ... ~ III :E ~ Eo- .. = .. == >C i row 0 c .2 ãí ã. E 0 u iii > E Q, Q, c( "E u III = .B - E CD N I'IJ .g > =II: .- ÎII" "¡: ~ " i c w = 0 .. Q I ... f ~ = III 0 C " c :::s w I'IJ .!! s:. = III C) ..è:I u CD Z C (J) ~ c( ~ ... II % ji 10 .J 0 ~ " ~ å) E E ï= ¡,; Cl. ~ .9 iii "d c ~ 8 0 u += 'ê' c '5 '6 0 ~ Q.. U Z ê ê 10 10 ....: I I I I , I ....: · 0 0 u C") C") '1: cD cD CL. ~ ~ t I- ø ø ø 4I't ø ø 4I't ø ~ · ~ u C") 1: cD CL. ~ ~ c ;:) ø ~ f c · :I ..... ... ..... ..... ..... ..... ..... 0 ~ :II (I) (I) (I) (I) (I) ~ (I) C ...J ...J ...J ...J ...J ...J ;:) c t '1: u ! Q, III a::: Q, ä:: iii c III U E j ... " ìD PROJECT NAME: Lakehurst Ditch ENGINEER'S PROJECT NO, PO Number: P2612491 Contract # C06-G2-168 CONTRACTOR: JOHNSON·DAVIS INC CONTRACT DATE: OWNER: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY FLORIDA ZI....b-G6 'APPLICATION AMOUNT: $ 27,587.50 APPLICATION DATE: INITIAL CONTRACT AMOUNT BASED ON EST, QUANTITIES FOR PERIOD ENDING: 15-Mar'(7 7-Mar.o7 $112,100.00 TABULATION OF AMOUNT DUE THIS APPLICATION AS APPLIED FOR BY CONTRACTOR AS APPROVED BY ENGINEER P ? 1. \ ?- 'i- "t1 The undersigned Contractor hereby swears under penalty of pe~ury that all obligations incurred by the Contractor under f'~" \ ':) \ q. \ this Contract to date have been discharged in full; that no suits are pending in connection with the work under the Contract; that the Contractor to the totel final price of $275,875,00 and final peyment of $27,587,50 as full settlement of his account under the Contract and of all claims in connection therewith. TOTAL CONTRACT AMOUNT COMPLETED TO DATE (see Attached "Estimate of Complete WOrk") $ 112,800.00 163,075.00 0,00 0,00 0,00 CHANGE ORDER NO. 1 @ CHANGE ORDER NO~@ CHANGE ORDER NO, _ @ CHANGE ORDER NO, _ @ ,,;. )";'.~ @ 1·1t.;,'~/¡~t'l @ @ @ 100,00% COMPLETE (+) 100,00% COMPLETE (+) 100,00% COMPLETE (+) 100,00% COMPLETE (+) $ $ $ $ Previous Pavments: NO,01 NO, 02 NO, 03 NO. 04 Total TOTAL WORK TO DATE (+) $ LESS PREVIOUS PAYMENTS (_) $ SUB-TOTAL $ LESS FAILED LAB, TESTS 275.875.00 -248,287,50 27,587.50 $101,520,00 $146.767,50 (due) $0,00 $0,00 $248,287,SO AMOUNT DUE FINAL PAYMENT. EXCEPT FOR ANY LIQUIDATED DAMAGES ASSESSED BY BOARD CONTRACTOR'S AFFIDAVIT BY: CONTRACTOR: DATE: 316/2007 TITLE: President $ IIJ." I6D .00 ila2 : t:~\t~ç;j $ $ : l~~:/~:'~:):;' $ i :7,50 "... $ __0.00) $ ~/g7.S~ ~. COUNTY OF: STATE OF: Before me this 6th day of March, 2007, personally appeared Scott Johnson, known to me. who being duly swom, did depose and say that he,! she is the President (office) of the Contractor ,,-;.,~Y.'~¿""" Ro~ .M. San~he.~~ above mentioned; that he prepared attached application for payment and executed above affidavit on behalf of sN,:C ~mm : !SI 00 # DD3~341" and that all of the statements contained therein are true, correct and complete, ~~::, ,:~i Expires: OCTd d· Tt.~' Zoo8 ~T,.t' I...... BoD·e JArU My commission expires:01/22/08 ',.' "",\ . . I Co., IDc. TO: BOARD OF COUNTY COMMISSIONERS, ST, LUCIE COUNTY, FLORIDA The attached application for payment by the Contractor has been raviewd þy the Engineer, The Engineer hereby approves final payment under this application in the amount of $ 50, leas liquidated damages assessed by the Board, WITH TU PAY T 'TT 0 T T N 0 AF I VIT, DATE: APPROVED BY: Contract Time Bagan: Substantial Completion on: Actual Construction Time: Contract Construction Time: Rainy Days Allowance: Other Overrun Allowances: Net Overrun: CatDays CatDays Ca!.Days Cal.Days CatDays cc: Finance Officer ... C 01- ;. II> 'C .. Q ~ -Q 2J .: ..ã i 01 C .....c: J.2. ~§ '=~ .5'" ~ .. ~ ..~ ,~ ~ ~.. cO:: - i t: § ¡,; " .. 1:: i~ .- c e " e>.U ~ ~ 8888888 §~~§~i~ ~~;~~ ¡;¡; .. .. .. "- 8 ?1 ¡;¡ .._-~~--~ '" ~ t: ~ ~ ~ 88888888 ~U~Ui~ æ~ag~~ ;; ---~~--~ '" i! t: z ~ 88888888 ~~!;!~~~ .....,....... ---~~--~ '" ~ ~ ~ ~ ¡ u ... i ! i t: ~ 88888888 ~ug~~~~ æ;aa~~ M 888~8888 ~U;¡;::i~~;¡ :!:!~ ~... .. .. .. Ë ~ « & t;; .. ---§~--~ '" .. Z :> ~~~~t~~~ z o E i2 ~ Q ~ I! L~ ! J ~ :8i! ~ '9'9.ctJ~ ._ II II ~ 0 i ~ 11i¡~ ~ I... ",I,i '" "I~ 'I 1 i~S~.5]~~ ~ j ¿~!~~~~¡ -~,,"'-F2-N _""' It'I V'I ~~~~.~~~ .~ g:~ ~. ···5 ..~t =!:~& .~~.~ .. .. .. Mtllttlllt.. II j . --- IHlt u8u ~~~ ~~.~~~~~ 2:C ... ¡¡¡II:;; ¡¡¡ ~ .0 00 W"IIN Y"I t"- =~ 5~~§! """tilt ......,..,. -~ o sll ~~ -'I' ~88 8 ~¡~~ .~ ==õ õ .. - - ""'......... I~; _d. .. .. .. .... " ! iîÎÎÎllii 1 ~ :.<1 I ,.'.1111.1 -c. ! ¡II ,a!l~ )I~~.I~. ~I....S ~1J.IJ.J!j)1 ~ .. ..i ! I Ii'" OC I. «« DIVISION OF ENGINEERING MEMORANDUM 07-088 TO: Barb Meinhardt FROM: John Frank, AICP, PE DATE: March 26, 2007 SUBJECT: Overtime Lakehurst <sL... "_. . :. .- :~o.'~·~~-~=-:::: ,. ...;a> Lakehurst canal restoration incurred overtime expenses at the Contractors request for work on Saturdays. MAC worked a total of 16 hours at $25.00/hour for a total cost to the contractor of $400.00. (j) .- .c >~ roc - Of!! ::::J .c () ~ IV ..J c o (j) c ..c o ---, N co o 10 > co U) .... 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C- 1 , h DATE: June 12, 2007 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) , P.E. SUBJECT: Contract with LBFH, Inc. to provide professional consultation services with respect to permitting and related project impacts to S1. Lucie County's Canal 103. LBFH, Inc. is the chief engineer for the North S1. Lucie River Water Control District (former owner of CanaI103). BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funds will be made available in 102001-3725-563005-4918 Drainage Maintenance MSTU- Stormwater Management PREVIOUS ACTION: nfa RECOMMENDATION: Staff recommends Board approve the Contract with LBFH, Inc. to provide professional consultation services with respect to permitting and related project impacts to S1. Lucie County's Canal 103, and authorize the Chairman to sign. [x] County Attorney ~ [x] Originating Dept. Public orks C1031bfh agmt.ag.doc Approved 5-0 oug s nderson County Administrator [x] Mgt. & Budget ~~ [X]Exec. AS&t. ..ß..ß:t\ [ ] Proj. Mgr. [ ]Other COMMISSION ACTION: [~ APPROVED [ ] OTHER [ ] DENIED DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer IAV p June 12, 2007 DATE: SUBJECT: Canal 103 BACKGROUND St. Lucie County recently acquired Canal 103 from the North St. Lucie River Water Control District (NSLRWCD). Canal 103 is approximately 3 miles long and lies within the NSLRWCD boundaries. As the sole source for this service, LBFH, Inc. will provide the County with engineering reviews of private and public development projects which propose to utilize or connect to Canal 103. LBFH shall perform professional engineering services and render consultation consistent with the County's goals and objectives for Canal 1 03 and for development projects impacting Canal 1 03. They will primarily provide project reviews, with focus on the project surface water management system, project impacts to Canal 103, and consistency with the encompassing historical NSLRWCD system. All project submittals must be performed in the same manner as the applications currently required by NSLRWCD. All work shall be completed over the course of the years 2007,2008 and 2009. LINE-TO-LINE TRANSFER REQUEST DEPARTMENT: ENGINEERING 07-84 DATE: 5/9/07 FROM 102001-3725-563000-4257 NPDES - Infrastructure $20,000.00 $494,938 REASON FOR TRANSFER: As scheduled for Board a roval. CONTACT PERSON: DEPARTMENTAL APPROVAL: OMB APPROVAL: ADMINISTRATION APPROVAL: ~ardt ~. ~ PHONE #: 1708 OMB NOTES: INPUT DATE: LlNE-TO-LlNE TRANSFER #: INPUT BY: DOCUMENT #: lIP ~ PURCHASING DEPARTMENT ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS 2300 VIRGINIA AVENUE, ROOM 228 FORT PIERCE, FLORIDA 34950 TEL (772)462-1700 FAX (772) 462-1704 =- CONTRACT FOR CONSULTING/PROFESSIONAL SERVICES This Contract is made as of the _ day of , 2007 by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and LBFH, Inc., hereinafter referred to as "Consultant". WHEREAS, LBFH, Inc. is the sole source provide to perform these Professional Engineering Services; and, WHEREAS, the CONSULTANT is willing and able to render professional services for various projects on an as-needed basis and for the compensation and on the terms hereinafter set forth; and, NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants, agreements, terms, and condition contained herein, do agree as follows: 1 . SERVICES The CONSULTANT'S responsibility under this Contract is to provide professional/consultation services in the area of project review with a focus on the surface water management system, project impacts to Canal 103, and consistency with the encompassing historical NSLRWCD system, as set out in the Scope of Services in Exhibit "A," attached. 2. TERM The CONSULTANT shall be available to commence services on this continuing contract on an "as required" per assignment basis for three years commencing on the date written above. Page 1 of 1 3 3. TECHNICAL AND PROFESSIONAL SERVICES It shall be the responsibility of the Consultant to work with the County to provide professional engineering services related to projects for St. Lucie County. Each project will require a separate work order using a form agreed to by both parties. The work order shall set out the scope of work, time of performance and compensation schedule for each project. 4. PERIOD OF SERVICE; WORK AUTHORIZATIONS A. The Consultant will be available to begin work promptly after receipt of a fully executed copy of this Agreement. It is agreed that this Agreement shall be considered as a continuing contract and work will be initiated on an assignment by assignment basis. The County reserves the right to select the respective Consultant who the County believes is in its best interest to perform the specified work. B. If the Consultant's services called for under this Agreement are delayed for reasons beyond the Consultant's control, the time of performance shall be adjusted appropriately. C. Specific work assignments shall be set forth in individual Work Authorizations which will be issued to the Consultant. All Work Authorizations shall be executed on behalf of the County in accordance with the St. Lucie County Purchasing Policy. The Work Assignments shall describe the scope of the work to be performed and shall set forth the schedule for completion of the work. The County shall provide all criteria and full information as to County's requirements for the assignment and designate in writing a person with authority to act on County's behalf on all matters concerning this assignment. 5. TIME OF PERFORMANCE Each project performed pursuant to this Agreement shall be performed in a timely manner without unreasonable delay within the time period identified in the work authorization, as set out in the Schedule of Work in Exhibit "C," attached. If the work is not fully completed according to the terms of the Contract and within the time limits stipulated in the individual work authorization, it is hereby acknowledged that the COUNTY will suffer damages which are not càpable of ascertainment or calculation, and therefore the CONSULTANT shall pay the COUNTY liquidated damages, a sum of which will be outlined in each individual work authorization, per day for each day following the required completion date, until the date upon which actual completion occurs. 6. COMPENSATION The Consultant shall be compensated for all services satisfactorily completed in accordance with the Compensation rates shown on Exhibit "B," attached. All invoices Page 2 of 1 3 presented to the County for payment shall be on a Request for Payment form approved by the County. 7. GENERAL CONDITIONS A. It is understood and agreed that the Consultant's services under this Agreement do not include 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. B. Upon the Consultant's written request, the County will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the Consultant and County mutually deem necessary; and the Consultant may rely upon same in performing the services required under this Agreement. 8. TRUTH-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. 9. DEFAUL T/TERMINATION A. FOR CAUSE If either party fails 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 Consultant 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. Page 3 of 1 3 (3) If the Consultant disregards laws, ordinances, or the instructions of the Project Manager 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 work satisfactorily completed prior to the termination date. B. WITHOUT CAUSE Either party may terminate the Agreement without cause at any time upon thirty (30) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Consultant for all authorized work satisfactorily performed through the termination date. 10. SUBCONSUL TANTS 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 shall secure the written approval of County Project Manager before engaging such subconsultant, subcontractor or professional associate. If a subconsultant fails to perform or make progress, as required by this Contract, and it is necessary to replace the subconsultant to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new subconsultant by the COUNTY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. The Consultant, its subconsultants, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and its agreement with the subconsultant for work to be performed for the COUNTY the Consultant must incorporate the terms of this contract. 11. FEDERAL AND STATE TAX The COUNTY is exempt from payment of Florida State Sales and Use Taxes. The COUNTY will sign an exemption certificate submitted by the CONSULTANT. The CONSULTANT shall not be exempted from paying sales tax to its suppliers for materials used to fulfill contractual obligations with the COUNTY, nor is the CONSULTANT authorized to use the COUNTY's Tax Exemption Number in securing such materials. The CONSULT ANT shall be responsible for payment of its own and its share of its employees' payroll, payroll taxes, and benefits with respect to this Contract. 12. INSURANCE Page 4 of 1 3 The Consultant shall procure and maintain during the life of this Agreement insurance of the types and subject to the limits set forth below. The Consultant shall also provide the County with evidence of this insurance in the form of Certificates of Insurance which shall b"e subject to the County's approval for adequacy. The County shall be an Additional Insured on policies of Commercial General Liability, and Commercial Auto Liability with respect to all claims arising out of the work performed under this Agreement. The County shall be given thirty (30) days prior written notice of any material changes or cancellations of the policies. If sub-contractors are used by the Consultant, it shall be the responsibility of the Consultant to ensure that all its sub-contractors comply with all the insurance requirements contained herein relating to such sub-contractors. Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: A. WORKERS' COMPENSATION The Consultant shall provide and maintain during the life of this Agreement, at his, its or their own expense, Workers' Compensation insurance coverage to apply for all employees for Florida statutory limits. Coverage B, Employers Liability, shall be written for a minimum liability at $100,000.00 per occurrence. B. COMMERCIAL GENERAL LIABILITY The Consultant shall provide and maintain during the life of this Agreement, at his, its or their own expense, Commercial General Liability insurance on an occurrence basis for a minimum combined single limit of $500,000.00 per occurrence, for claims of bodily injury including death, property damage and personal injury. Contractual Liability coverage shall be included. C. COMMERCIAL AUTO LIABILITY The Consultant shall provide and maintain during the life of this Agreement, at his, its or their own expense, Business Commercial Auto Liability for claims of bodily injury and property damage for minimum limits of $100,000.00 combined single limit. D. PROFESSIONAL LIABILITY The Consultant shall provide and maintain during the life of this Agreement, at his, its or their own expense, Professional Liability insurance on a claims made basis for a minimum of $1,000,000.00 coverage. E. OTHER INSURANCE PROVISIONS The General Liability and Auto Liability policies shall contain or be endorsed to contain, the following provisions: 1. The County, its Officers, Officials, Employees, Agents, and Volunteers are to be covered as additional insureds for any and all liability arising out of the Consultant's performance of this Agreement, or out of automobiles owned, leased, Page 5 of 1 3 hired, or borrowed by the Consultant. The coverage shall contain no special limitations on scope of protection offered to the County, its Officers, Officials, Employee, Agents and Volunteers. 2. The Consultant's insurance coverage shall be primary insurance as respects the County, its Officers, Officials, Employees, Agents and Volunteers for Consultant's activities. Any insurance or self-insurance maintained by the County, its Officers, Officials, Employees, Agents, or Volunteers shall be in excess of the Consultant's insurance and shall not contribute with it. 3. Any failure to comply with the reporting provisions of the policy shall not. effect coverage provided to the County, its Officers, Officials, Employees, Agents, or Volunteers. 4. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of insurer's liability. 13. 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 for personal injury and loss of property to the extent arising out of or in any way connected or arising out of the Consultant's negligence, recklessness or intentional wrongful conduct in the performance of this Agreement. The Consultant hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification herein provided. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statute 725.06 (Chapter 725). The Consultant, without exemption, shall indemnify and hold harmless, the COUNTY, its employees, representatives and elected officials from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or item manufactured by the Consultant. Further, if such a claim is made, or is pending, the Consultant may, at its option and expense, procure for the COUNTY the right to use, replace, or modify the item to render it non-infringing. If none of the alternatives are reasonably available, the COUNTY agrees to return the article on request to the Consultant and receive reimbursement. If the Consultant used any design, device or materials covered by letters, patent or copyright, it is mutually agreed and understood, without exception, that the Contract prices shall include all royalties or cost arising from the use of such design, device or materials in any way involved in the work. 14. 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, Page 6 of 13 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 shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a 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 can 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 a form that is sufficiently documented and organized to provide for subsequent utilization in completion of the work product. 15. 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. 16. CONFLICT 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. The Consultant shall promptly notify the County in writing by certified mail of all potential coriflicts 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 17. EXCUSABLE DELAYS (FORCE MAJEURE) Page 7 of 1 3 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. Provided, however, that market conditions, labor conditions, construction industry price trends and similar matters which normally impact on the bidding process shall not be considered a Force Majeure. 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. 18. PLEDGE OF CREDIT, ARREARS The CONSULTANT shall not pledge the COUNTY's credit or make it a guarantor of payment of surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. ' The CONSULTANT further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Contract. 1 9. DISCLOSURE AND OWNERSHIP OF DOCUMENTS All original sketches, tracings, drawings, computations, details, design calculations, and other documents and plans that result from the Consultant's services under this Agreement are and remain the property of the County as instruments of service. The Consultant shall furnish copies to the County upon completion of such documents. The County shall, at no additional expense, be furnished one (1) set of reproducible copies of any maps and/or drawings prepared for it by the Consultant. Consultant shall likewise submit copies of all field notes, calculation sheets and computer discs to the County. 20. INDEPENDENT CONSULTANT RELATIONSHIP 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. 21. ATTORNEYS' FEES AND COSTS Page 8 of 1 3 In the event of any dispute concerning the terms and conditions of this Agreement or in the event of any action by any party to this Agreement to judicially interpret or enforce this Agreement or any provision hereof, or in any dispute arising in any manner from this Agreement, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. 22. 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. 23. 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 bonafide 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. 24. 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; 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 shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 25. NON DISCRIMINATION The Consultant covenants and agrees that the Consultant shall 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. 26. ENFORCEMENT COSTS Page 9 of 1 3 It is understood and agreed that the Consultant'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. 27. AUTHORITY TO PRACTICE The County represents that it is a political subdivision of the State of Florida with the authority to engage the professional service described in Attachment "A" and to accept the obligation for payment for the services. 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 assigns of such other party, in respect to all covenants of this Agreement; and, neither the County nor the Consultant will assign or transfer their interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the party of any officer or agent of any public body which may be a party hereto. The CONSULTANT hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the COUNTY's representative on an annual basis. 28. SEVERABILITY If any term or provision of this Contract, or the application théreof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Contract, or the application of such terms or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. 29. COMPLETE AGREEMENT This Agreement states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. The Consultant recognizes that any representations, statements or negotiations made by the County staff do not suffice to legally bind the County in a contractual relationship unless they have been reduced to writing, authorized, and signed by an authorized County representative. This Agreement shall bind the parties, their assigns, and successors in interest. 30. AMENDMENT This Agreement may be amended only with the written approval and agreement of the parties. Page 1 0 of 1 3 31 . MODIFICATIONS OF WORK The COUNTY reserves the right to make changes in Scope of Work, including alterations, reductions therein or additions thereto. Upon receipt by the CONSULTANT of the COUNTY's notification of a contemplated change, the CONSULTANT shall, in writing: 1 . Provide a detailed estimate for the increase or decrease in cost due to the contemplated change, 2. Notify the COUNTY of any estimated change in the completion date, and 3. Advise the COUNTY if the contemplated change shall effect the CONSULTANT'S ability to meet the completion dates or schedules of this Contract. If the COUNTY so instructs in writing, the CONSULTANT shall suspend work on that portion of the Scope of Work affected by a contemplated change, pending the COUNTY's decision to proceed with the change. If the COUNTY elects to make the change, the COUNTY shall initiate a Contract Amendment and the CONSULTANT shall not commence work on any such change until such written Amendment is signed by the authorized representative for the COUNTY. 32. 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: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce" Pierce, FL 34982 With A Copy To: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce,. Pierce, FL 34982 As To The Consultant: LBFH, Inc. 2222 Colonial Road Suite 201 Fort Pierce, Florida 34950 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. 33. CAPTIONS AND PARAGRAPH HEADINGS Page 11 of 1 3 Captions and paragraph headings contained in this Contract are for convenience and reference only and in no way define, describe, extend or limit the scope and intent of this Contract, nor the intent of any provisions hereof. 34. WAIVER No waiver by the COUNTY of any provision of this Contract shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by of the same, or any other provision or the enforcement thereof. COUNTY's consent to of or approval of any act by Consultant requiring consent or approval shall not be deemed to render unnecessary the obtaining of COUNTY's consent to or approval of any subsequent act by Consultant requiring consent or approval, whether or not similar to the act so consented or approved. 35. 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. 36. 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 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. 37. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall carryon the work and maintain its progress schedule in accordance with the requirements of the Contract 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 Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 38. MEDIATION Page 1 2 of 1 3 Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues, to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. In the event that mediation is unsuccessful, either party may bring an action to enforce its rights in a Florida court of appropriate venue and jurisdiction. 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. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY JjTNESSES¡ ¡J A A rxI' ¿j¡"J · t1d'AdWð u- Ú~().~ LBFH, INC. ¿&c V\JL BY: Print Name: j O~^ E. UOA~ Lu'C. '\ \J. P. Page 13 of 1 3 St. Lucie County Canal] 03 Project Review Page] 015 EXHIBIT A ST LUCIE COUNTY CANAL 103 PROJECT REVIEW 1. PURPOSE St. Lucie County (COUNTY) has recently acquired Canal 103 from the North St. Lucie River Water Control District (NSLRWCD) in September 2006. Canal 103 is approximately 3 miles long and lies within the NSLRWCD boundaries. The COUNTY desires engineering reviews of private and public development projects which propose to utilize or connect to Canal 103. II. SCOPE OF SERVICES The ENGINEER shall perform professional engineering services and render consultation to the COUNTY, on a continuing basis, consistent with the COUNTY's goals and objectives for the COUNTY's utilization of Canal 103 and for development projects impacting Canal 103. The ENGINEER will primarily provide project reviews, with focus on the project surface water management system, project impacts to Canal 103, and consistency with the encompassing historical NSLR WCD system. All project submittals must be performed in the same manner as the applications currently required by NSLRWCD. For each project review, the ENGINEER shall provide the following types of services, at the direction of the COUNTY, including but not limited to: A. Consulting and advisory services; B. Conduct technical investigations; C. Perform engineering evaluations; D. Perform review of project documents; E. Research archived NSLRWCD information relating to Canal 103; F. Attendance at meetings, and G. Site inspections. DELIVERABLES The ENGINEER shall provide to the COUNTY the following for each individual project reVIew: 1. A comment list for each project submittal; 2. Notice of completion of the project review; 3. Any readily available technical information related to Canal 103 as requested by the COUNTY. C:\DOCUME-l\A.DMINI-/\LOCALS-/ITelllp\Å'PglpwiseISr Lucie COllmy Canal/03 Project Re"iew_Exhib;rs.doc St. Lucie County Canal] 03 Project Review Page 2 of5 EXHIBIT B COMPENSA TION The COUNTY agrees to pay the ENGINEER for the services described in EXHIBIT A on a time and expense basis, using the rates and charges shown below. For budgeting purposes, we estimate four (4) project reviews will occur per year, at an average cost of $4,000.00 per review. Should our work on any individual project review be anticipated to exceed this estimated cost, we will notify you immediately to obtain your approval to continue with our work. I. Personnel Hourly Billing Rates: Officers. " . ....... .......... ..... ...... ........... .................. ...... ......... ........ .$21 0.00 Principals..... .....,..................................... .... ....... ....................... ...$195 .00 Senior Engineer II. ...... ..... ...... ... .................... ..... ................... .... .$160.00 Senior Engineer I ....................................................................... $13 0.00 Associate Engineer.. ........................................ ........................ ...$120.00 Assistant Engineer III ................................................................ $110.00 Assistant Engineer II................................................................... .$95 .00 Assistant Engineer I................................... ................... ........... ....$90.00 Sr. Designer/Technician............................ .................... ........ .....$120.00 Technical Specialist.................... .............................. .$120.00 Professional Senior Surveyor II ............................................... $130.00 Professional Senior Surveyor I ..................................................$120.00 Professional Surveyor II............ ......... ..................... ........ ......... .$100.00 Senior GIS Specialist .......... ..... ..... ............... ......... ........ ..... ...... .$105 .00 GIS Specialist............................................................................... $90.00 Design - CADD Operator. ........ ........... ................................. ..... ..$95 .00 CADD Operator ......................................................................... ..$90.00 Assistant CADD Operator........... .............................................. ..$70.00 Sr. Project Representative/Inspector... .......................................$1 00.00 Resident Project Representative/Inspector.................................. $85 .00 Assistant Resident Project Representative/lnspector...................$70.00 GPS Survey Crew..................................................................... .$200.00 C:\DOCUME-lIADMINI-IILOCALS-JlTempIXPgrpwiselSr. Lucie COII"'Y COllol 103 Projec, Review_E.,hibits,doc SI, Lucie County Canal] 03 Project Review Conventional Survey Crew.........................················ .$165.00 Administrative Support........... .................. .... ..... ..... .................... .$5 5 .00 CIDOCUME-J\AD/t1/N/-J\LOCALS-JITempIXPglpwi;seISI- Lucie Coullty Callol/03 Project Review_E:thib'ts.doc Page 3 of5 St. Lucie County Canal] 03 Project Review Page 4 of5 EXHIBIT C SCHEDULE OF WORK TIME AND PERFORMANCE The work associated with EXHIBIT A shall be completed as directed by the COUNTY over the years 2007, 2008 and 2009. The scope is currently estimated at four (4) reviews per year, but can vary as necessary at the request of the COUNTY. The ENGINEER shall provide a comment response list or review completion notice to the COUNTY for each project submittal within thirty (30) days of receipt of each submittal. C:\DOCUME-/IADMINJ-/ILOCALS-1 I Te",pl);'Pg,pwiscIS,. Lucie COlli")' CUIJal103 Project Re\'iew_ExIJibils.doc .. ITEM NO. ~ 1/ ~ DATE: June /~2007 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): PUBLIC WORKS DEPARTMENT (4117) REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: ~~~~ Public Works Director SUBJECT: Request Board approval of Hazard Mitigation Grant with FEMA for $222,816.00 to assist in design of Lakewood Park Stonnwater Drainage and Improvement project, and approval of Resolution 107-203. BACKGROUND: The project is replacement of the primary water control structures with operational gates to provide maximum flexibility for stormwater management under varying conditions. The Immediate goals of this stormwater Improvement project are flood control and groundwater recharge, accomplished by managing canal stages at optimum levels under variable conditions. After conducting studies to evaluate the Lakewood Park stormwater system and the downstream Fort Pierce Farms Water Control District canals, a three phased approach to the potential Lakewood Park improvemems was outlined, to improve overall performance of the stormwater management system. The first phase involves Improving and upgrading the primary outfall control structures for Lakewood Park Subdivision. The structures will be designed and permitted as operable gates, to replace the fixed crest weirs that currently exist. This Improvement would give the County the ability to lower Intemal canal stages prior to major storm even1s, and provide greater flood protection. Ukewise, during drought conditions the water could be main1ained at higher levels, to improve lake aesthetics and main1aln higher groundwater levels. Subsequent phases involve intemal Improvemems to the neighborhood stonnwater system and sown stream Improvements to the Fort Pierce Farms Canals. FUNDS AVAILABLE: A County Match of $72,018.00 are available In 001-9910-599300-800 - Financial Recovery MItigation Shortfall. PREVIOUS ACTION: NIA RECOMMENDATION: Public Works staff is requesting Board of County Commissioners approve the attached Hazard Mitigation Grant with FEMA for $222,816.00 to assist in the design for Lakewood Park Stormwater Drainage and Improvement project and approval of Resolution 107-203 and signature by the Chairman. COMMISSION ACTION: [ ¥APPROVED [ ] OTHER Approvea ~-o [ ] DENIED E: U 8 Anderson County Administrator Review and ADørovals ^ J ^ 1""1.1, A /1) qoriø-,g Do¢ _Wb.~~' (XJCaun", __: JJ- XMII_ond 8AIdgot:~ K]Purchesing: ~ 0 Parks & Recreation: 0 Environmental Lands: IÃv--- I Other (XJ Finance: Check for copy only, if applicable: Dyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Conununity Services M....... at(561) 462-1777 'TOD (561) 462-1428 at least forty..¡pt (48) hoon prior to the ~ ~ PUBLIC WORKS DEPARTMENT ADMINISTRATION MEMORANDUM TO: Board of County Commissioners FROM: Don West, Public W_ Di_ ~I,\ , DATE: June 19, 2007 RE: Approval of Hazard Mitigation Grant with FEMA For Lak.wood Park Stormwater Drainage and Improvement Project AAAAAAAA£AA~A&AA&AA&A&&A&aA&AA..&aAAa&A&AAA&AAA&&A&.A&AAAAa"&A&&A&&~AAAA&&a&&A&&A&"A&&&&.A&A&&A&&&A6A&A BACKGROUND: The project is replacement of the primary water control structures with operational gates to provide maximum flexibility for stonnwater management under varying conditions. The immediate goals of this stormwater improvement project are flood control and groundwater recharge, accomplished by managing canal stages at optimum levels under variable conditions. After conducting studies to evaluate the Lakewood Park stormwater system and the downstream Fort Pierce Fanns Water Control District canals, a three phased approach to the potential Lakewood Park improvements was outlined, to improve overall perfonnance of the stonnwater management system. The first phase involves improving and upgrading the primary outfall control structures for Lakewood Park Subdivision. The structures will be designed and pennitted as operable gates, to replace the fixed crest weirs that currently exist. This improvement would give the County the ability to lower internal canal stages prior to major stonn events, and provide greater flood protection. Ukewise, during drought conditions the water could be maintained at higher levels, to improve lake aesthetics and maintain higher groundwater levels. Subsequent phases involve intemal improvements to the neighborhood stonnwater system and sown stream improvements to the Fort Pierce Fanns Canals. RECOMMENDATION: Public Works staff is requesting Board of County Commissioners approve the attached Hazard Mitigation Grant with FEMA for $222,816.00 to assist in the design for Lakewood Park Stonnwater Drainage and Improvement project and approval of Resolution #07-203 and signature by the Chainnan. RESOLUTION NO. 07-203 A RESOLUTION ACCEPTING THE FEDERAL EMERGENCY MANAGMENT AGENCY (# 1545-054- R) FOR IMPROVEMENTS TO LAKEWOOD PARK - STORMWATER DRAINAGE IMPROVEMENT AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREE,MENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Federal Emergency Management Agency has awarded the County funding for Lakewood Park - Stormwater Drainage Improvements (# 1545-054-R). 2. The Board should authorize and approve execution of the Hazard Mitigation Grant with the Federal Emergency Management Agency for the above-referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Hazard Mitigation Grant with the Federal Emergency Management Agency (# 1545-054-R) to provide funding for Lakewood Park - Stormwater Drainage Improvements. 2. The Board hereby authorizes and Chairperson to execute the above-referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. After motion and second, the vote on Resolution 07-203 was as follows: Chair Chris Craft Vice-Chair Joseph Smith Commissioner Doug Coward Commissioner Paula Lewis Commissioner Charles Grande PASSED AND DULY ADOPTED this day of ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Contract Number: 07HM-4@-10-66-01-077 CFDA Number: 97.039 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 "OEM"), and St. Lucie County, (hereinafter referred to as the "Recipienf'). 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, DEM 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, DEM has authority pursuant to Florida law to disburse the funds under this Agreement. NOW, THEREFORE, DEM 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 DEM shall be govemed 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 upon execution by both parties and shall end March 31, 2008, 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. 1 (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common 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 OMS Circular No. A-87, "Cost Principles for State and Local Governments," OMS 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 DEM or its designee, the Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to DEM 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 DEM, 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. (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 2 to DEM, 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 DEM. (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 DEM. "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 DEM and 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 OMS 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 OMS Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal resources awarded through DEM 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 DEM. The determination of amounts of Federal 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 OMS 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 OMS Circular A-133, as revised, is not required, In the 3 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: 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 [with an electronic copy sent to the above office to Aurilla.Parrish@dca.state.fI.us) and Division of Emergency Management Bureau of Recovery and Mitigation 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 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 [with an electronic copy sent to the above office to Aurilla.Parrish@dca.state.fI.us) 4 and Division of Emergency Management Bureau of Recovery and Mitigation 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) Any reports, management letter, or other information required to be submitted to the Department or DEM 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) Recipient, when submitting financial reporting packages to DEM for audits done in accordance with OMS Circular A-133 or Chapters 10.550 (Iocalgovemmental 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 DEM of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after DEM has notified the Recipient of such non- compliance. ü) 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 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 nine (9) months from the end of the Recipient's fiscal year. (7) REPORTS (a) At a minimum, the Recipient shall provide DEM 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 DEM. 5 (b) Quarterly reports are due to be received by DEM no later than 30 days afterthe 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 30. June 3D, 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 DEM or are not completed in a manner acceptable to DEM, DEM may withhold further payments until they are completed or may take such other action as set forth in Paragraph (11) REMEDIES. "Acceptable to DEM" 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 DEM. (f) The Recipient shall provide additional reports and information as identified in Attachment F. (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 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 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 DEM 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 DEM. In the event that DEM determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by DEM to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or 6 audits deemed necessary by the Comptroller or Auditor General. In addition, DEM 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 DEM 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 DEM, 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 DEM, 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 Defaulf'), all obligations on the part of DEM to make any further payment of funds hereunder shall, if DEM so elects, terminate and DEM may, at its option, exercise any of its remedies set forth in Paragraph (11), but DEM 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 DEM 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 DEM and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 7 (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 OEM. (c) If any reports required by this Agreement have not been submitted to DEM 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 DEM 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 Stàtes 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, 3. advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. requiring the Recipient to reimburse DEM for the amount of costs incurred for any items determined to be ineligible; 8 (e) Require that the Recipient return to DEM 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 DEM from pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by DEM 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 DEM hereunder, or affect the subsequent exercise of the same right or remedy by DEM for any further or subsequent default by the Recipient. (12) TERMINATION. (a) DEM may terminate this Agreement for cause upon thirty (30) days written notice. 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) DEM may terminate this Agreement for convenience or 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 DEM by virtue of any breach of Agreement by the Recipient. DEM 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 DEM from the Recipient is determined, 9 (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shallbe 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 DEM contract manager for this Agreement is: Ms. Kathleen Marshall, Planning Manager Bureau of Recovery and Mitigation Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 Telephone: (850) 922-5944 Fax: (850) 922-1259 (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Mr. Billy Almaguer Principal Engineer St. Lucie Coun~ 1905 South, 25 Street, Suite 103 Fort Pierce, Florida 34947 Telephone: (772) 489-0066 Fax: (772) 489-0299 (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 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, as defined in Section 288.703, Fla. Stat.. 10 (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 - Statement of Assurances Attachment D - Request for Reimbursement Attachment E - Justification of Advance Attachment F - Quarterly Report Form Attachment G - Copyright. Patent, and Trademark Attachment H - Warranties and Representations Attachment I - Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (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 $222,816.00 subject to the availability of funds. All requests for reimbursement of administrative costs must be accompanied by the back-up documentation evidencing all such administrative costs. (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 DEM 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-11 0, A-122 and the Cash 11 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 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 DEM 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 DEM. (18) REPAYMENTS All refunds or repayments to be made to DEM under this Agreement are to be made payable to the order of "Division of Emergency Management", and mailed directly to the Department of Community Affairs 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 DEM for collection, DEM 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., DEM 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 DEM 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. 12 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 DEM 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 DEM and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of DEM 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 DEM 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 sea.), 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, 13 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 35 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) 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 irieligible, 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 DEM (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" 14 (Attachment I) for each prospective subcontractor which Recipient intends to fund under this Agreement. Such form must be received by OEM 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. ü) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (k) If otherwise allowed under this Agreement. all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (I) The Division of Emergency Management 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 OEM or be applied against OEM'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")]. DEM 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 OEM. (21) LOBBYING PROHIBITION (a) No funds or other resources received from DEM 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: 15 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, 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 The Recipient shall comply with Copyright, Patent and Trademark incorporated as Attachment G. (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 16 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 C. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. ReciDient: ST. LUCIE COUNTY BY: Name and title: Date: FID# STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT BY: Name and Title: W. Craig Fugate, Director Date: 17 EXHIBIT - 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program: Federal Emergency Management Agency Catalog of Federal Domestic Assistance Number: 97.039 Amount of Federal Funding: $222,816.00 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Only the services described within the attached Agreement and Attachment A are eligible expenditures for the funds awarded. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not Applicable MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not Applicable SUBJECT TO SECTION 215.97. FLORIDA STATUTES: Not Applicable COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not Applicable NOTE: Section .400(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 As a Hazard Mitigation Grant Program project, the Recipient, St. Lucie County, proposes to improve the drainage of the Lakewood Park Subdivision located in northern, St. Lucie County, Florida. A Phase I study will be conducted to determine modifications needed to improve and upgrade the existing drainage system. The completed construction project will minimize recurring flooding and reduce repetitive flood loss to properties. Phase I will provide funding for completion of design, permitting and geotechnical surveying process for this proposal. The Phase I deliverables should: · Have an engineer's plan that clearly shows the engineer's estimate of the pre and post-mitigation effects of the proposed project and the relationship of the damages to be mitigated (commensurate with the level of funding requested). This includes, but is not limited to, the existing and proposed hydrology and hydraulics for the level of event being mitigated. · Demonstrate mitigation effectiveness, in part, by showing the physicallocation(s) and elevation(s) of the infrastructure/structures that is being damaged and the Federal Emergency Management Agency (FEMA) Special Flood Hazard Areas on the same plan. · Meet all required environmental laws and policies. All environmental permits and approvals/concurrences must be obtained. · Refine the cost estimate. A new Benefit Cost Analysis will be performed using the revised information. · Provide a set of Community Approved, State reviewed construction plans (sealed) for review and comment including milestones and timelines for completion of the final phase of the project and bid documents/award. Phase I of this project is approved with the condition that the above list of deliverables will be submitted for review and approval by the State and FEMA before Phase II is considered. No construction work may begin until Phase II is approved. This is FEMA project 1545-54-R, funded under 1545-DR.FL. The Period of Performance for this project ends on March 31, 2008. Work Schedule Survey: Engineering and Design: Permitting: In House Meetings and Reviews: Bids: Total Period of Performance: 3 Months 2 Months 3 Months 2 Months 2 Months 12 Months Line Item Budaet· Engineering and Surveying: Sub-Total: Administrative Cost: Total: Project Cost $288.073.00 $288,073.00 $ 0.00 $288,073.00 Federal Share $216.055.00 $216,055.00 $ 6.761.00 $222,816.00 Local Share $72.018.00 $72,018.00 $ 0.00 $72,018.00 19 · Any line item amount in this Budget may be increased or decreased 10% or less without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. Fundina Summary Federal Share: Local Share: Total Project Cost: $216,055.00 (75%) $ 72.018.00 (25%) $288,073.00 (100%) Recipient Administrative Allowance up to $6,761.00. ?n , 03106/2006 13:50 FEDERAL EMERGENCY MANAGEIIENT AGENCY HAZARD .JTlGATION GRANTS PROGRAM Obligation Report wI Slgn"'res HMGP-OB-02 [)isaIter FEMA No Project No 1545 54-R ArneIIdment SbIte Action SupplemeldIII No AppbIion ID No No SbIte o <43 58 FL StIIIewide Gnmtee subgr8ntee: st. Lucie (CoLriy) SUbglantee FIPS Code: 111-99111 Project TIle: ST. LUCIE COUNTY LAKEWOOD PARK STORMWATER DRAINAGE IMPROVEMENT TotII Amount T DtII Amount TIåI Amount TIåI Amount AVlllabIe PnNiously AIIocIded Previously Obligated Pending Oblig8lion for New Obligltion $216,055 $216,055 SO SO Project Amount GI'8nt8e Admin Est Subgl'8ntee Admin Est T DtII Obligalian IFMIS DIIte IFMIS Status FY $216,055 S1,114 $6,761 $223,930 0310612006 Accept 2006 Comments Date: 0310612006 User Id: VCOONS Comment: MA appnMS obligation Date: 0310612006 User Id: RMEADOR1 Comment: HMO approves obligation AuthOmatlnl Preparer Name: VIRGINIA COONS Preparation Date: 0310612006 HMO Authorization Date: 0310612006 HMO Authorization Name: REUBEN MEADOR Slidina Scale perœntaae: upta upta upta Excess $100,000 = $1 ,000,000 = SS.ooo,ooo.OO = 3.00% 2.00% 1 .00% 0.50% = 03/0612006 13:50 FEDERAL EIIERGENCY MANAGEIIENT AGENCY HAZARD MITIGATION GRANTS PROGRAM 0bIg8tion Report wi Sign....,.. HMGP-08-02 Dis8Iter FE~ ArnendrMnt st.ae Action SuppIementIII No project No No AppIicIItion ID No No St8te 1 S45 54 - R 0 <43 58 FL Stm8wIde Grantee Subgrantee: st. Lucie (County) SubpI_ FIPS Code: 111-99111 Project TIle: ST. LUCIE COUNTY LAKEWOOD PARK STORMWATER DRAINAGE IMPROVEMENT Admin C.lculatlon Admin Cost Calculation: Sliding SCIIIe Justificlllion: CM:ul8tian PercentIIge: N/A J7; iP 0 h1T. B ¡-. Dr r- Authorizing Official Title 3 -/ 'S'"-. t> b Authorization Date Authorizing Official Signature Authorizing Official Title Authorization Date Slidina Scale Plll'C8f1taae: up to $100,000 = 3.00% up to $1,000,000 = 2.00" up to $5,000,000.00 = 1.00" Excess = O.5QIII, · 03/07/2006 4:26 PM FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MITIGATION GRANT PROGRAM Project Mal1llgement Report App ID State Grantee Disaster lIIumber FEMA Project Number Amendment Number 1545 54-R Subgrantee: St. Lucie (County) FIPS Code: 111-99111 o 43 FL Statewide HMGP-AP..Q1 Project Title : ST. LUCIE COUNTY LAKEWOOD PARK STORMWATER DRAINAGE IMPI Mltiaation Proiect DescriDtion Amendment Status : Approved Approvel Status: Approved Project Title: ST. LUCIE COUNTY LAKEWOOD PARK STORMWATER DRAINAGE IMPI' Grantee: Statewide Subgrantee: St. Lucie (County) Subgrantee County Name: St. Lucie Subgrantee County Code: 111 Subgrantee Place Name: St. Lucie (County) Subgrantee Place Code: 99111 Grantee County Name: S1. Lucie Grantee County Code: 111 Grantee Place Name: St Lucie (County) Grantee Place Code: 0 Project Closeout Date: 00/00/0000 Work Schedule Status Amend ## DescriDtion @] ¡SURVEY-PHASE I @]~NGINEERING AND DESIGN-PHASE I @]rERMITTlNG-PHASE I @];N HOUSE MEETINGS AND REVIEWS-PHASE I @]~IDS-PHASE I @]þONSTRUCTlON EASEMENTS @]~TERIALS DEUVERIES @]~IDDING AND CONTRACTING @]~NPREDICTABLE WEATHER CONDITIONS @]~N HOUSE CLEAN UP @]~TATE CONTRACTING @]fINAL INSPECTION AND CLOSE OUTS Time Frame I~ DAYS IÞo DAYS I~o DAYS ¡SO DAYS lso DAYS 1~80 DAYS I~ DAYS IÞo DAYS IÞo DAYS I~O DAYS IÞo DAYS I fi8õDÃ YS Due Date Revised Date ComDletion Date II OOIOOIOOOO II OOIOO/OOOO II II 00100/0000 II OOIOOIOOOO I II 00I0OI000O II 00lO0IOO00 II OOIOOIOOOO II 00lO0IOO00 II OOIOOIOOOO II 00lO0IOO00 II 00I0OlOOOO II 00lO0IOO00 I II OOIOOIDOOO II 00I0OI0000 11 0010010000 II OOIOOIOOOO II OOIOOIOOOO II 00I0OI000O II OOIOOIOOOO I 00I0OlOO00 I " 00100lO0OO II 00I0OlOOOO II II 0010010000 II 00lO0IOO0011 OOIOOIDOOO OOIOOIOOOO 0D/00I0000 00100I000O 0010010000 OOIOOIOOOO OOIOOIOOOO 00I0010000 OOIDOIOOOO 00lO0IOOO0 00lO0I0000 00I0OlOOOO ADDroVed Amounts Total Approved Net Eligible 5288.073\ I Federal Total Approved Share Percent Federal Share Amount 75.00000000q I S216.05~ I Non-Federal Total Approved Share Percent Non-Fed Share Amount 25.oo0000oq I $422.17(~ Allocations Allocation IFMIS IFMIS Submission Number Status Date Date 18 A 0310312006 0310212006 ES Support ES Amend proj Alloc Amount Grantee Subgrantee Total FY ReqlD Number Fed Share Admin Amount Admin Amount Alloc Amount 2006 805256 15 $216,05~ I 51.11~1 $5.76111 S223.93o Total I 5216.05~ I 51.11~1 56.76111 S223.93o Obliaations Action IFMIS IFMIS Submission Nr Status Date Date FY A 03/0612006 03106/2006 2006 ES Support ES Amend Suppl Project Obligated Grantee Admin Subgrantee Total Obligated ReqlD Number Nr Amt - Fed Share Amount Admin Amount Amount 893735 58 58 5216.05~ I S1.11~1 56.76111 5223.93Q Total 5216.05~ 1 51.11~1 56.76111 5223.93o 03/0712006 4:27 PM FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MITIGATION GRANT PROGRAM HMGP-EV-01 Environmental Report Disaster FEMA Number Project Number 1545 54-R Subgrantee: St. Lucie (County) FIPS Code: 111-99111 FEMA L.øslEOs Amendment Number ApplD State Grantee o 43 FL Statewide Project Title: ST, LUCIE COUNTY IÃKEWOOD PARK STORMWATER DRAINAGE IMPI LawsIEOs Coastal Barriers Resources Act (CBRA) Status Completed Clean Water Act (CWA) Completed Coastal Zone Management Act (CZMA) Completed Endangered Species Act (ESA) Completed Fish and Wildlife Coordination Act (FWCA) Completed National Historic Preservation Act (NHPA) Completed Clean Air Act (CM) Completed E,O. 11988: Floodplains Completed E.O, 11990: Wetlands Completed E.O. 12898: Environmental Justice for Low Income and Minority Populations Completed FEMA NEPA Process FEMA Statu. Catex - Completed 1 CA TEX Type Code 3. Studies that involve no commitment of resources (iii) if an extraordinary circumstance exists and leads to a signifiCQ1lt environmental impact (sn 44CFR 10.8 (d) (3)), an Environ.Åssemrent shall be prepared, ~ No Extraordinary Circumstances Requiring an EA Documentation Complete02/1612006 03/0712UD6 4:27 PM FEDERAL EMERGENCY MANAGEMENT AGENCY HAZARD MITIGATION GRANT PROGRAM HMGP-EV-01 Environmental Report Disaster Number FEMA Projed Number Amendment Number ApplD State Grantee 1545 54 . R 0 43 FL Statewide Subgrantee: St. Lucie (County) FIPS Code: 111-99111 ProjedTItIe: ST. LUCIE COUNTY LAKEWOOD PARK STORMWATER DRAINAGE IMPI Standard CondItions 1. Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders. 2. This review does not address all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state and local laws. Failure to c~tain all appropriate federal, state and local environmental permits and clearances may jeopardize federal funding. 3. If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the State and FEMA. Comment: This catex is for the study and engineering of the projed only. There will be another catex for the work to be completed.-HPEL T1-02I16120D6 19:23 GMT Attachment B Program Statutes and Regulations The following statutes and regulations are applicable to this Agreement: (1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act; (2) 44 CFR Parts 7,9,10,13,14,17,18,25,206,220, and 221, and any other applicable FEMA policy memoranda and guidance documents; (3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program; (4) Hazard Mitigation Long-term Recovery Guidance; and (5) All applicable laws and regulations delineated in Attachment C of this Agreement In addition to the above statues and regulations, the Recipient must comply with the following: The Recipient shall fully perform the approved hazard mitigation project, as described in the Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance with the approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of funds indicated therein, and the terms and conditions of this Agreement. Recipient shall not ~viate from the approved project and the terms and conditions of this Agreement. Recipient shall comply with any and all applicable codes and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and security for the project. Any development permit issued by, or development activity undertaken by, the Recipient and any land use permitted by or engaged in by the Recipient, shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163, Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses authorized for, only those uses which are permitted under the comprehensive plan and land development regulations. The Recipient shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any federal, state, or local environmental or land use permitting authority, where required. Recipient agrees that any repair or construction shall be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with applicable codes, specifications and standards. Recipient will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information to HMGP as may be required. If the hazard mitigation project described in Attachment A includes an acquisition or relocation project, then Recipient shall ensure that, as a condition of funding under this Agreement, the owner of the affected real property shall record in the public records of the county where it is located the following covenants and restrictions, which shall run with and apply to any property acquired, accepted, or from which a structure will be removed pursuant to the project: 1. The property will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices; 2. No new structure will be erected on property other than: (a) a public facility that is open on all sides and functionally related to a designated open space; (b) a restroom; or '1 3. A structure that the Director of the Federal Emergency Management Agency approves in writing before the commencement of the construction of the structure; 4. After the date of the acquisition or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and 5. If any of these covenants and restrictions is violated, by the owner or by some third party with the knowledge of the owner, fee simple title to the Property described herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida without further notice to the owner, its successors and assigns, and the owner, its successors and assigns shall forfeit all right, title and interest in and to the property. The Hazard Mitigation Grant Program ("HMGP") Contract Manager of DEM will evaluate requests for cost overruns and submit to the Regional Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in 44CFR 206.438(b). The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating in the NEPA process. You are reminded that no construction may occur in this phase, that a full environmental review must be completed prior to funding Phase II. As a reminder, the Recipient must obtain prior approval from the State, before implementing changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments: 1. For construction projects, the grantee must ·obtain prior written approval for any budget revision which result in a need for additional funds· (44 CFR 13 (c»; 2. A change in the scope of work must be approved by FEMA in advance regardless of the budget implications; and 3. The Recipient must notify the State as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower cost or earlier completion. Any extensions of the period of performance must be submitted to FEMA 60 days prior to the project expiration date. ?? Attachment C Statement of Assurances To the extent the following provisions apply to the award of assistance in this Agreement, as determined by the awarding agency, the Recipient hereby assures and certifies that: (a) It possesses legal authority to enter into this Agreement and to carry out the proposed program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the execution of the hazard mitigation agreement with DEM, including all understandings and assurances contained therein, and directing and authorizing the Recipient's chief administrative official or designee to act in connection with the application and to provide such additional information as may be required; (c) No member of or delegate to the Congress of the United States and no Resident Commissioner shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. No member, officer, or employee of the Recipient or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. The Recipient shall incorporate or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purpose state above; (d) All Recipient contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Recipient. Any cost incurred after a notice of suspension or termination is received by the Recipient may not be funded with funds provided under this Agreement unless previously approved in writing by OEM. All Recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; (e) It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week. (f) It will comply with: (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another 23 ü) (k) (I) purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the· regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of payor other forms of compensation; and election for training and apprenticeship; (g) The Recipient agrees to comply with the Americans With Disabilities Act (Public aw 101-336, 42 U.S.C. Section 12101 et sea.), where 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 govemment services, and in telecommunications; It will establish safeguards to prohibit employees from using 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 pursuant to Section 112.313 and Section 112.3135, FS; It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; (h) (i) It will comply with the provisions of 18 USC 594, 598, 600-605 (further known as the Hatch Act) which limits the political activities of employees; It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding 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 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; It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The Recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; (m) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by: (1) Consulting with the State Historic Preservation Office 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 Section 800.8) by the proposed activity; and ?JI (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (3) Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Division of Emergency Management and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470f, and implementing regulations in 36 CFR part 800. (4) When any of Recipient's projects funded under this Agreement may affect a historic property, as defined in 36 CFR 800. (2)(e), the Federal Emergency Management Agency (FEMA) may require Recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, Recipient agrees to participate in consultations to develop, and, after execution by all parties, to abide by, a written agreement that éstablishes mitigation and recondition measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) Recipient agrees to notify FEMA and DEM if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation for footings and foundations; and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise Recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery of archeological data from the property. If Recipient is unable to avoid the archeological property, develop, in consultation with the SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties". Recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not object within 15 calendar days of receipt of the treatment plan, FEMA may direct Recipient to implement the treatment plan. If either the Council or the SHPO object, Recipient shall not proceed with the project until the objection is resolved. (6) Recipient shall notify DEM and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify an HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. Recipient ?I:\ acknowledges that FEMA may require Recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may be eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. Recipient further acknowledges that FEMA may require Recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. Recipient also acknowledges that FEMA will require, and Recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, Recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse affect to occur. (n) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S. C.: 1681- 1683 and 1685 - 1686) which prohibits discrimination on the basis of sex; (0) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (p) It will comply with 523 and 527 ofthe Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (q) It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (r) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the state Energy Conservation Plan adopted pursuant thereto; (s) It will comply with the Laboratory Animal Welfare Act of 1966,7 U.S.C. 2131-2159, pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this agreement; (t) It will comply with Title VIII of the Civil Rights Act of 1968,42 U.S.C. 2000c and 423601-3619, as amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or nation origin; (u) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642; (v) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626; (w) It will comply with the Endangered Species Act of 1973,16 U.S.C. 1531-1544; (x) It will comply with the Intergovernmental Personnel Act of 1970,42 U.S.C. 4728-4763; (y) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; (z) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; (aa) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966,16 U.S.C. 4698, et seq; (bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non- discrimination; (cc) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water sources; (dd) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs; (ee) It will comply with the Wild and Scenic Rivers Act of 1968,16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system; (ft) It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); (gg) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510; (hh) It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and (ii) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666. @ With respect to demolition activities, it will: 1. Create and make available documentation sufficient to demonstrate that the Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. 2. Return the property to its natural state as though no improvements had ever been contained thereon. 3. Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings located in Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department. 4. Provide documentation of the inspection results for each structure to indicate: a. Safety Hazards Present b. Health Hazards Present c. Hazardous Materials Present 5. Provide supervision over contractors or employees employed by Recipient to remove asbestos and lead from demolished or otherwise applicable structures. 6. Leave the demolished site clean, level and free of debris. 7. Notify DEM promptly of any unusual existing condition which hampers the contractors work. 8. Obtain all required permits. 9. Provide addresses and marked maps for each site where water wells and septic tanks are to be closed along with the number of wells and septic tanks located on each site. Provide documentation of closures. 10. Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). 11. Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33 U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR Part 15 and 61). This clause shall be added to any subcontracts. 12. Provide documentation of public notices for demolition activities. Attachment D DIVISION OF EMERGENCY MANAGEMENT REQUEST FOR ADVANCE OR REIMBURSEMENT OF HAZARD MITIGATION GRANT PROGRAM FUNDS RECIPIENT NAME: St. Lucie County ADDRESS: CITY, STATE, ZIP CODE: PAYMENT No: DEM Agreement No: 07HM-4@-10-66-01-077 FEMA T ck' N be 154554 R ra ,no um rs: - - , Eligible Obligated Obligated Previous Current DEM Use Onlv Amount Federal Non-Federal 100% 75% 25% Payments Request ADDroved Comments TOTAL CURRENT REQUEST $ I certify that to the best of my knowledge and belief the above accounts are correct, and that all disbursements were made in accordance with all conditions of the DEM agreement and payment is due and has not been previously requested for these amounts. RECIPIENT SIGNATURE NAME AND TITLE DATE: TO BE COMPLETED BY DMSION OF EMERGENCY MANAGEMENT APPROVED PROJECT TOTAL $ ADMINISTRATIVE COST $ GOVERNOR'S AUTHORIZED REPRESENTATIVE APPROVED FOR PAYMENT $ DATE 29 DIVISION OF EMERGENCY MANAGEMENT SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE HAZARD MITIGATION GRANT PROGRAM Applicant: St. Lucie County Disaster No. 1545 OEM Agreement No. 07HM-4@-10-66-01-D77 FEMA Tracking # 1545-54-R Applicant's Date of delivery DOCUMENTATION Applicanfs Reference No, of articles, Ust Documentation (Applicant's payroll, material out of Eligible Costs (Warrant, Voucher, completion of applicant's stock, applicant owned equipment and name of 100% Claim Check, or work or vendor or contractor) by category and line item in the Schedule No.) performance approved project application and give a brief description of services. the articles or services. TOTAL ~n Attachment E 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. DESCRIPTION (A) FFY 2004 (8) FFY 2005 (C) FFY 2006 (D) Total 1 2 3 MAXIMUM ADVANCE ALLOWED CALULATION: x $ Cell D3 HMGP Award (Do not Include match) = MAXIMUM ADVANCE REQUEST FOR WAIVER OF CALCULATED MAXIMUM [ ) Recipient has no previous HMGP 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. comr1ete estimated expenses chart and Explanation of Circumstances below. Attach additional pages i needed. [ ) 31 ESTIMATED EXPENSES BUDGET CATEGORY 2006-2007 Anticipated Expenditures for First Three Months of Contract ADMINISTRATIVE COSTS PROGRAM EXPENSES TOTAL EXPENSES EXDlanatlon of Circumstances: 32 Attachment F DIVISION OF EMERGENCY MANAGEMENT HAZARD MITIGATION GRANT PROGRAM QUARTERLY REPORT FORM RECIPIENT: St. Lucie County Project Number # 1545-54-R PROJECT LOCATION: Drainaae DEM ID #: 07HM-4@-10-66-01-077 QUARTER ENDING: DISASTER NUMBER: FEMA-1545-DR-FL Provide amount of advance funds disbursed for period (if applicable) $ Provide reimbursement projections for this project: July-Sep, 200_$ July-Sep, 200_$ Oct-Dec, 200_$ Oct-Dec, 20o_$ Jan-Mar, 200_$_ Apr-June, 200_$_ Jan-Mar, 20o_$ Ap~June,200_$_ Percentage of Work Completed (may be confirmed by state inspectors): % Project Proceeding on Schedule: [] Yes [] No Describe milestones achieved during this quarter: Provide a schedule for the remainder of work to project completion: Describe problems or circumstances affecting completion date, milestones, scope of work, and cost: Cost Status: [] Cost Unchanged [ ] Under Budget [ ] Over Budget Additional Comments/Elaboration: NOTE: Division of Emergency Management (DEM) staff may perform interim inspections and/or audits at any time. Events may occur between quarterly reports, which have significant impact upon your project(s), such as anticipated overruns, changes in scope of work, etc. Please contact DEM as soon as these conditions become known, otherwise you may be found non-compliant with your subgrant award. Name and Phone Number of Person Completing This Form 33 Attachment G 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. 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. 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 of Emergency Management (DEM) 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 DEM. 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. 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. DEM shall then, under Paragraph (b), have the right to all patents and copyrights which occur during performance of the Agreement. 34 Attachment H Warranties and Representations Financial Manaaement Contractor'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 covered by this contract. These records shall contain information pertaining to grant awards, authorizations, obligations, un-obligated balances, assets, outlays, income and interest. (3) 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. (4) Accounting records, including cost accounting records that are supported by source documentation. ComDetition All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. The Contractor shall be alert to conflicts of interest as well as noncompetitive practices among sub-contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective sub-contractor performance and eliminate unfair competitive advantage, sub- 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 Contractor, 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 Contractor. Any and all bids or offers may be rejected when it is in the Contractor's interest to do so. Codes of Conduct The Contractor shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of sub-contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a sub-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 Contractor 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 Contractor. Licensina and Permittina All subcontractors or employees hired by the Contractor shall have all current licenses and permits required for all of the particular work for which they are hired by the Contractor. 35 Attachment I Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion 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 Recipient's Name By: Signature DEM Contract Number Name and Title Street Address City, State, Zip Date 36 AGENDA REQUEST ITEM NO. C-1ZÄ DATE: June 12, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: Board 0~1~mmissioners ~ cy?c7'dZlonúJ Corine Williams, Transit Manager SUBMITTED BY (DEPT): Community Services SUBJECT: Authorize staff to submit a Service Development grant to Florida Department of Transportation for implementation of a new fixed route in St. Lucie West. BACKGROUND: Florida Department of Transportation has a Service Development grant program that assists with the operation of a new route or for a marketing project. The proposed grant application is for 50% of the operation for the two buses that will cover the St. Lucie West Area and can be renewed for three years. The goal is to have two buses travel east and west down St. Lucie Blvd to shopping and medical plazas, around Peacock to the Mets, colleges and other locations. By having the fixed route connect with a demand response bus at a transfer site, the service efficiency will improve. This route was identified in the Transit Development Plan Major Update 2005/06 - 2009/1 O. FUNDS AVAILABLE: The Public Transit MSTU (130-4910-582015-4000) will match this grant in 07/0~. PREVIOUS ACTION: Staff previously submitted application to FDOT for funding but was denied due to limited state funds. The MPO approved the Transit Development Plan Major Update in 2006. RECOMMENDATION: Authorize staff to submit a Service Development grant for $500,000 to Florida Department of Transportation for marketing and operating a fixed route in St. Lucie West. Do gas M. Anderson County Administrator Review and Approvals Oft j) ~ County Attorney:~ Management & Budget: liJY'IV"7 Purchasing:_ Originating Dept: Other: Other: Finance: _X_(Check for Copy only, if applicable) Effective: 5/96 Approved 5-0 COMMISSION ACTION: ~PPROVED [] DENIED [] OTHER: G:\06-07 Agenda Requests\5-22-07- SLWgrantdoc ... COMMUNITY SERVICES MEMORANDUM #07-185 (REVISED) TO: St. Lucie County Board of County Commissioners FROM: Corine C. Williams, Transit Manager lk^-" DATE: June 12, 2007 SUBJECT: Florida Department of Transportation Grant Application to Market and Operate a Fixed Route in St. Lucie West In July 2005, the Metropolitan Planning Organization approved the Transit Development Plan (TDP) Major Update FY 2005/06 - 2009/10. Due to the high amount of traffic and use of the demand response service, the TDP recommended that a fixed route service be developed in the St. Lucie West area of the County. The proposed route boundaries will be Midway to the north, Juliet Avenue to the south, 1-95 and the Turnpike on the western and eastern boundaries. A transfer area will located off of Bayshore and will serve as a waiting area for riders transferring from the demand response system to the fixed route. By having this route, the service efficiency should approve and reduce the overall cost since the demand response service is more costly to provide compared to a fixed route. FDOT Service Development grants have been used by the County to operate the east west routes in Ft. Pierce. FDOT assists with the first three years of 50% funding and on the fourth year, there usually is a large number of riders contributing to the fare box for long term operation of the route. The match for the grant will come from the MSTU in 07/08 when the project begins and will be responsible for maintaining the route once the three years of funding ceases. With the ever increasing gas prices, transit provides an affordable way for people to get to work, college, shop and medical appointments. Staff Recommendation: Authorize staffto submit a Service Development grant to FDOT for a fixed route in St. Lucie West. Florida Department of Transportation Improving Transit Services in St. Lucie West Applicant Name: St. Lucie County BOCC Corine C. Williams 2300 Virginia Avenue, Ft. Pierce, FL 34950 772-462-2092 wi Iliamsc@stlucieco.gov B. Project Type: Service Development Grant C. Project Description: Due to the ever increasing population growth in Port St. Lucie and the continual increase in the use for the demand response door to door service, a fixed route would provide a cost efficient alternative for much of the population. To reduce the cost and provide better service to the public, it has been proposed by St. Lucie County Council on Aging Community Transit to develop a fixed route in the St. Lucie West area and develop a semi-zoned routing east of the fixed route. The current system could be improved since a lot of time is spent in traffic with the demand response bus going from one side of Port St. Lucie to the other though congested areas to reach medical facilities on US 1 from the St. Lucie West area. If this service development grant is funded, it would provide for the operation of three buses to run a fixed route in the area within 1-95 on the west, the Turnpike on the east, Midway to the north and Del Rio Blvd to the south. The map identifies the general area with only a few of the stops identified. Two buses would be utilized for the fixed route and would pick up individuals who can walk to the stops. The third vehiéle would be used to pick up those individuals who may be too far from a stop and would bring them to a stop. The goal would be to pick up people in this area and if they have to travel to medical or employment facilities along US 1 to the east, they would transfer at an area along Bayshore Blvd. The PSL Zoned grant that has already been funded from FDOT would then pick up at this location and also provide asemi-fixed route east of Bayshore Blvd. Thus, a larger number of people could utilize the bus traveling from this area to US 1 or even north to another destination. Many of the customers just want to go to destinations that are within the proposed fixed route area and are capable of utilizing a fixed route system which would reduce the pressure for the demand response service. At this time many of the trips are prioritized with medical appointment and grocery shopping first. By having a fixed route, individuals that would like to go to college, employment centers, restaurants or even a cultural or New York Mets activity would be able to take the fixed route to their destination. With the ever rising cost of living, this would help the economy by providing an affordable method for the residents get to work or advance their educational career. D. Project location: The proposed route will include the operation of three buses to run a fixed route in the area with 1-95 to the west, the Turnpike to the east, Midway to the north and Del Rio Blvd. to the south. Although the map identifies the general area with only a few of the stops identified, public meetings and review of the existing trip requests will help determine the best location for the stops. E. Maximum Duration: The proposed grant request is for three years and the match was approved by the County Commissioners as coming from the transit MSTU. The fare generated will be used for printing the brochures, marketing the routes and assist with operation costs. The Municipal Services Taxing Unit (MSTU) was set up for transit operations and has the ability to increase gradually with BOCC approval. ...·_30 F. Project Initiation/Completion Dates: August 2008 October 2008 December 2008 January 2009 July 2009 January 2010 Order vehicles with Federal Transit Administration 5207 funds Refine operations plan with public meetings and current r~quests Establish ADA plan, prepare draft route map, present to public meetings and hearings in the target area ' Accept delivery of vehicles, Paint vehicles, Hire drivers Implement operation of fixed route Evaluate system, refine system Continue to evaluate system and refine system G. Project Goal and Objectives: The goals of this project are to increase to improve service for all by providing a fixed route service to respond to the needs of the western area of Port St. Lucie. Many of our customers are able body citizens that are now relying on demand response service because it's the only option in this region. By providing a fixed route setvice, the resident will be able to plan their day and reach their employment and educational goals and reach their medical appointments on time. Independence will be restored to many of the elderly and youth who want to be an active part of their community. H. Project Budget: Item Operating Year One Year Two Year Three Total Project Cost $500,000 $500,000 $500,000 $500,000 Requested Funds $250,00Ò $250,000 $250,000 $250,000 Match $250,000 $250,000 $250,000 $250,000 .,', I. Benefits to Others Transit Systems: The proposed project will benefit the overall transit system by alleviating the time and manpower utilized to move people back and forth throughout the County via the demand response method. By having a transfer area built into this system, the residents can either go to destinations within the fixed route or transfer to the zone routing system to get them to the Connector along US 1. Thus, larger group of people will be utilizing the buses increasing the efficiency of the overall system. J. Operational Responsibilities: St. Lucie County would receive the funding and contract with our current transportation provider, St. Lucie Council on Aging Community Transit. K. Continuation of Project: With an increase to the millage over the next three years and/or an increase in property values, the taxes from the MSTU will provide the funding to continue the service. An increase will have to occur in the near future to make up the loss of Federal Transportation Administration operating dollars and this project will be taken into consideration to ensure that funds are available to continue the project indefinitely. L. Work Program Scheduling: Can this project be advanced into the work plan, if current state funds become available? Yes. M. Other Instructions: The County will ensure that the. JP A will be signed within 90 days. G:\Transportation\4200 Community Services\Discretionary Grant Appls\SL W discretionary appL 2007,doc i i . .~ St. Lucie West Fixed ROllle ,,·ure ~"''JCt3 '~-'--'''''-~'''' " ........,... Ind_" R....., Communi"" Col.I.~ o TI.diI1on, "-lOrd .. Spom C<01IpIo, " \ on CD I ~ \ ) ( \ \. ""&. Reserve Blvd ", > ã5 i Q. " --.-.~~ "". AoricDArfarmc Unl....rstty . 'tI6"\ ß~ S\\.\lc\6 ,7) ~ cÏi, CO ë, B 'i u 0<,/ RIO Blvd ·..·-...1 ----,... ~'--. ,-,' t Q.: ~! ~~ i ¡ \ \. " ....~, 'õ.t- .,. ~ ... :J I- ~ , .C: ',0 ~ (f '" ~ a:I e ., E ~ CO U (/, H ~ *, II' - 1 r.' , ~ ~ Transit Stops . Proposed Route' . 'f; Transfer Area ;------1 L_____J County Boundary . Public involvement process will determine the route's final location. ",:. > cÏi' ~; i ~. IJ II f 'D~. 0::, ,tj: >' G' t/): ArOSO ~/Vd Floresta Dr Prima Vista Blvd ~ 6 MIf., AGENDA REQUEST ITEM NO. C~\ctß DATE: June 12, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] SUBMITTED BY (DEPT): Community Services TO: SUB1ECT: Authorize staff to submit a grant application to the Florida Department of Transportation Transit Corridor grant program to implement transit service connecting St. Lucie County and Indian River County. BACKGROUND: The FDOT Transit Corridor program is a 100% funded grant program that encourages regional cooperation with multiple jurisdictions. The U.S. 1 fixed route has been funded through the Transit Corridor program. To better meet the transit needs of north county residents and Treasure Coast residents looking to travel to work in any of the three counties, this proposal will cover the capital and operating cost of the cross· county project. If funded, a Subgrant Agreement between the County and Council on Aging will need to be approved allowing the Council on Aging to implement the project. FUNDS AVAILABLE: No match is required. .. PREVIOUS ACTION: The Transit Development Plan identifies the need for this project. RECOMMENDATION: Authorize staff to submit a grant application to the Florida Department of Transportation Transit Corridor grant program to implement transit service connecting St. Lucie County and Indian River County. 'g APPROVED '[] OTHER: Approved 5-0 [] DENIED COMMISSION ACTION: Review and A rO\{á County Attorney: Originating Dept: Finance: _2C Dou as M. Anderson County Administrator Management & Budget: ~ M~ Purchasing: _ Other: Other: - - (Check for Copy only, if applicable) Effective: 5/96 G:\06-07 Agenda Requests\6-12-07TransitCoIR,doc COMMUNITY SERVICES I.. ~ , MEMORANDUM #07-188 TO: St. Lucie County Board of County Commissioners DATE: Corine C. Williams, Transit Manager~ June 12, 2007 FROM: SUBJECT: Florida Department of Transportation Grant Application to Market and Operate a Fixed Route from St. Lucie County to Indian River County In July 2005, the Metropolitan Planning Organization approved the Transit Development Plan (TDP) Major Update FY 2005/06 - 2009/10. Due to the high amount of traffic and use of the demand response service, the TDP recommended that a fixed ro.~te service be developed in the Northern area of the County. The proposed route will begin at the S1. Lucie County transfer location at Avenue D and 8th Street that is an active hub where three routes currently meet. The northern tenninus will end where the two transit routes meet at Oslo Road and US 1 in Indian River County. The Indian River County transfer location will provide riders to travel to jobs, medical appointments or other destinations at the Indian River Mall, attractors along US 1 or connect with many other destinations located along their eleven fixed routes. The proposed route will be an express route running along the US 1 Corridor with half hour headway. FDOT Transit Corridor grants will be used to fund the first three years at 100% funding and on the fourth year, there usually is a large number of riders contributing to the fare box for long tenn operation of the route. The outer year funding grant will come from the MSTU in 2010/11. With the ever increasing gas prices, transit provides an affordable way for people to get to work, college, shop and medical appointments. The project will assist in reducing congestion along US 1 between St. Lucie and Indian River counties by capturing choice riders as well as the transportation disadvantaged. Staff Recommendation: Authorize staff to submit a Service Development grant to FDOT for a fixed route in St. Lucie West. G:\MEMOS\Memos 2007\07-188 IR-STLC FDOT.doc Florida Department of Transportation 2008/2009 Fiscal Year Connecting St. Lucie and Indian River County Fixed RouteS ' A. Applicant Name: St. Lucie County Board of County Commissioners Corine Williams, Transit Manager 2300 Virginia Avenue, Ft. Pierce, FL 34950 772/462-2092, williamsC@stlucieco.gov B. Project Type: Transit Corridor Grant c. Project Description: The proposed project is to implement a regional express fixed route extending and connecting to the current US 1 Corridor system and continuing north to connect with Indian River Transit's system. Since the initial Transit Corridor grant implemented the first fixed route between Martin and St. Lucie counties, this proposed route will allow transportation disadvantaged citizens' opportunities to reach destinations throughout Indian River, St. Lucie and Martin counties. A route linking St. Lucie and Indian River counties is identified in the 2005/06-2009/1 0 Transit Development Plan and has been discussed for years with Indian River County. ') ~.> .~ ~~ The proposed route will begin at the St. Lucie County transfer location at Avenue D and 8th Street, that is an active hub where three routes currently meet. The northern terminus will end where the two transit routes meet at Oslo Road and US 1 in Indian River County. The Indian River County transfer location will provide riders to travel to jobs, medical appointments or other destinations at the Indian River Mall, attractors along US 1 or connect with many other destinations located along their eleven fixed routes. In addition, many of the doctors that accept Medicaid are located in Indian River County and this proposed service would benefit all of the residents of the County by providing them access to Indian River County extensive transit system that links to many medical offices for jobs or medical care. The proposed route will be an express route running along the US 1 Corridor with half hour headway. The project will assist in reducing congestion along US 1 between St. Lucie and Indian River counties by capturing choice riders as well as the transportation disadvantaged. D. Project Location: Please see the attached map that identifies a proposed route from Avenue D north in St. Lucie County running along US 1 to Oslo Road in southern Indian River County. E. Maximum Duration The proposed grant request is for three (3) years. FDOT 2008/2009 Fiscal Year Connecting St. Lucie and Indian River County Fixed Routes Page I of2 October 2008 F. Project Initiation / Completion Dates: August 2008 Order vehicles with Federal Transit Administråtion 5307 funds Establish ADA plan, Prepare draft route map Present to public meetings and hearings/in the target area Accept delivery of vehicles, Paint vehicles, Hire drivers Implement operation of fixed route Evaluate system, Refine system Continue to evaluate system, Refine system February 2009 March 2009 July 2009 January 2010 G. Project Goals and Objectives: The goals of this project is increase and improve service for all by providing a fixed route service to respond to the needs of the residents and visitors of 81. Lucie and Indian River Counties. The efficiency of the demand response system will improve since many of the trips can be moved to this fixed route system allowing the demand response bus service to focus on ADA transport. H. Project Budget: Item Total Project Cost Requested Funds Operating Year One Year Two Year Three $300,000 $300,000 $.:100,000 $300,000 $300,000 I. Benefits to Other Transit Systems: The proposed project will provide· the missing link between two growing transit systems in Indian River and 8t. Lucie counties. Many Treasure Coast residents commute to work, school or have medical appointments throughout the Treasure Coast, the synergistic benefits of this route would increase the use of all the systems by choice riders and the transportation disadvantaged. J. Operational Responsibilities: 81. Lucie County would receive the funding and contract with our current transportation provider, Community Transit. Indian River Transit has recommended that 8t. Lucie County be the lead provider on this regional route. K. Continuation of Proj ect: With an increase to the millage over the next three years and / or and increase in property values, the tax from the Transit M8TU will provide the funding to continue the service. I. Work Program Scheduling: Can this project be advanced in the work program, if current state funding becomes available? Yes M. Other Instructions: 90 days. The County will ensure that the JP A will be signed within FOOT 2008/2009 Fiscal Year Connecting S/, Lucie and Indian River County Fixed Routes Page 2 of2 May 30th, 2007 Florida Department of Transportation District 4 3400 West Commercial Boulevard Ft. Lauderdale, FL 33309 Dear Sir/Madam: Indian River County Council on Aging and the MPO wish to support the Council on Aging of St. Lucie, Inc.lCommunity Jransit' s application for a transit corridor grant for an express route along the US 1 Corridor connecting to the Indian River Transit system at Oslo Road and US 1. Because both the residents and visitors of St. Lucie and Indian River Counties utilize each county's services, we feel this connection will be beneficial, giving further opportunities to continue their service to the Martin County area, as well. This connection of the two transit systems will help to make both systems operate more efficiently, as well as, alleviating traffic congestion and facilitating regional business. Sincerely, Karen Wood Transportation Director Indian River County Council on Aging, Inc. AGENDA REQUEST ITEM NO. } ~ DATE: June 12,2007 'REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x ] TO: BOARD OF COUNTY COMMIS.SIONERS SUBMITTED BY (DEPT): CENTRAL SERVICES PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBJECT: David Brooks Enterprises, Inc. Change Order No. 13 to #C05-12-636 Change Order No. 14 to #C05-12-636 Construction of the New Clerk of Court Building & Downtown Chiller Plant BACKGROUND: SEE A TTACHED MEMORANDUM FUNDS AVAIL: 316-1930-562000-16012 (Buildings) 315-1930-562000-16012 (Buildings) 317-1930-562000-16012 (Buildings 310003-1930-562000-16012 (Buildings) 316301-1930-562000-16012 (Buildings) PREVIOUS ACTION: On May 15, 2007, Item No. c-6C, the Board approved Change Order No. 12 which established a timeline for the downtown Chiller Plant with a completion date of January 31, 2008. RECOMMENDATION: Staff recommends the Board of County Commissioners approve: . Change Order No. 13 to Contract No. C05-12-636, David Brooks Enterprises, to increase the contract sum $42,751; the new contract sum will be $13,302,061. . Change Order No. 14 to Contract No. C05-12-636, David Brooks Enterprises, to decrease the contract sum $21,610; the new contract sum will be $13,280,451. Staff further recomm~nds the Board authorize the Chair to sign the Change Orders as prepared by the County Attorney. - .Ml.SSIONACTION: [~APPROVED [] DENIED [ ] OTHER: Approved S-O Doug nderson County Administrator Coordination/Signatures County Attorney: Ii 4' Originating De~\.t~ l t~,;- v Finance: (Check for Copy only, if Applicable) Mgt. & Budget: ~ Other: Purchasing Mgr.: Other: Eft, 1/97 H:\AGENDA\AGENDA-206 DAVID BROOKS CO-13 & I4.DOC MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: June 12, 2007 SUBJECT: David Brooks Enterprises, Inc. Change Order No. 13 to #C05-12-636 Change Order No. 14 to #C05-12-636 Construction of the New Clerk of Court Building & Downtown Chiller Plant ****************************************************************************** BACKGROUND: On December 6th, 2005, the Board approved Contract No. C05-12-636, between St. Lucie County and David Brooks Enterprises for the construction ofthe New Clerk of Court Building. November 14,2006, the Board approved Change Order NO.4-Revised to Contract No. C05-12-636 to include construction of the downtown Chiller Plant, and on May 15, 2007, the Board approved Change Order No. 12 to establish a completion date of January 31, 2008, for the Chiller Plant portion ofthe project. · Change Order No. 13 will incorporate necessary changes to the contract for the overall construction of the Clerk of Court Building. These items will increase the contract sum $42,751.00; the new contract sum will be $13,302,061.00. On March 20,2007, the Board approved reallocation of funds in the combined amount of $600,000 to cover these additional costs associated with the construction of the Clerk of Court Building. Contract time will remain unchanged. (Please see attachment) · Change Order No. 14 will incorporate changes to the contract for the Clerk of Court Building and the Chiller Plant. These changes will decrease the contract sum by $21,610.00; the new contract sum will be $13,280,451.00. Contract time will remain unchanged. (Please see attachment) RECOMMENDATION: Staff recommends the Board of County Commissioners approve: · Change Order No. 13 to Contract No. C05-12-636, David Brooks Enterprises, to increase the contract sum $42,751; the new contract sum will be $13,302,061. · Change Order No. 14 to Contract No. C05-12-636, David Brooks Enterprises, to decrease the contract sum $21,610; the new contract sum will be $13,280,451. Staff further recommends the Board authorize the Chair to sign the Change Orders as prepared by the County Attorney. CHANGE ORDER ,ST. LUCIE COUNTY PROJECT: (name, address) New Clerk of Courts Office Building TO (Contractor): David Brooks Enterprises, Inc. 9000 Burma Rd., #101 Palm Beach Gardens,FL 33403 GHA.NGE ORDER NUMBER: 14 INITIATION DATE: May 14, 2007 CONSULTANT'S PROJECT NO.: C-05-12-636 ST. LUCIE COUNTY CONTRACT NO: ' CONTRACT DATE: 12-07-05 You are directed to make the following 'changes in this çontract: (Additional shèet attached as Exhibit ,A- Yes No) Incorporate changes to the contract submitted and approved as Pending Changes, numbers (P.C. #'s) 52.04 and 52.09 (attached) The original (Contract Sum) (GHæ'aftteed-Ma>filTH:lff)-Gest) was ...................... '. . .. $ 11, 863, 000. 00 Net change by previous authorized Change orders ..................................... $ 1, 439, 061. 00 The (Contract Sum) fGua.fafHee€-M~ITH:HTI-Gos~ prior to this Change Order was .......$13,302,061.00 The (Contract Sum) ~+.antood-l\4.~u.r+I...Go¡~ will be (i.:~¡:e~sa4t (decreased or cR.ang4ld.) by this Ch ange 0 rder ....................................................... ($ 21, 610 . 00) The new (Contract Sum) (-GtHiFafi-teee-Mæ<if1::H.:HrI.~st) including this Change Order will be $ 13,280,451. 00 The Contract' Time will be ~~~g.H.Q~c;r~~) (unchanged) by (0 ) DaYß The Date of Substantial Completion as of the date of this Chahge Order therefore is; *Jan. 31, 2008: Chiller Plant *Oct. 30, 2007; The adjustment in Contract Price and/or Contract Time stated in this Change Order shallÇ;b~st9Ð,eq8t1àFPri&ldg . and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, ~nd cumulativeimpacts or ripple effect on all other hon-affected work under this Contract. Signing of the Change Order constitutes full and rriutualaccord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scop~ of the entire workas set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to fife a claim on this Change Order after it is properly executed. All work perforlî!éd underthis Change Order shall be performed in accordance with the contract specifications. Funds Available: Account Number (see attached) Recommended: Edlund, Dxitenbas, Binkley & Assoc. Architect/Engineer 65 Roval Palm pointe, Vero Bch, FL Address By Date Agreed To: David Brooks Enterprises, Inc. Contractor 9000 Burma Rd., #101, PBG, FL 0~13 ~ 5//+/01- By Date Approved: Central Services 8t. Lucie County Department 2300 Virginia Ave., Ft. Pierce, FL Address By Date Authorized: . 81. Lucie County: 2300 VirginiaAve., F1. Pierce, FL 34982 By Date Approved as to Form and Correctness County Attorney ST. LUCIE COUNTY CLERK OF COURTS OFFICE BUILDING CHANGE ORDER NO. 14 SUMMARY 14-May-07 P.C. , . _·,~_~..,·._.M_ .._. ,-- - _. ~_.._- ~ - .. ~... . ~ -..-, '" , -' .-" . . ~ - , . -. . ..... " ,.. No. Description Price Days 52.04 Delete Covered Parking Structure ($33,468) 52.09 Add Chiller Control Valves $11,858 TOTALS ($21,610) 0 .&- ~ :;1 oaks J. . I ENTERPRISES 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 February 27, 2007 Mr. Greg White S1. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Fax: (772) 462-1444 Re: Clerk of Courts Office Building Delete Covered Parking Structure @ Sally Port Pending Change No. 52.04 Dear Greg: We offer to delete the aluminum covered parking structure next to the Sally Port for a net credit to the contract of Thirty Three Thousand Four Hundred Sixty Eiç¡ht Dollars ($33,468.00). You will note from the attached cost breakdown that a portion of the credit is for deleting electrical service (lighting) to the planned parking structure. In the event that one or more site lighting fixtures will need to be added to offset the lost lighting it will be at an additional cost (of approximately $4,000 each depending on location). Assuming this change is acceptable, we anticipate the need for revised plans to be submitted to the building department as a revision. Please coordinate this with the architect and we will submit the plans accordingly. Let me know if you have questions about this proposal or if I can be of any further assistance. Sincerely, David Brooks Enterprises, Inc. ACCEPTED: St. Lucie County David Brooks President BY.~W Date:~J7 Gnríú l)NI)f- Print Name I Title I riM Cc Paul Dritenbas, EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File Y:\Clerk of Courts\Pending Changes\P,C, #52.04.doc General Contractors · Construction Management ESTIMATE RECORD Project: Clerk of Courts Office Buildinq P.C. # 52.04 - Delete Covered Parking @ Sally Port Date: Page: Prepared by: 09/27/07 1 of 1 David Brooks Enterprises, Inc. DB )elail Labor Total Material Material Subcontract Subcontract Total Description Unit Quantity Unit Labor Unit Toiaï Unit Total . - Cost Sheet Delete Covered Parking Foundations LS 1.00 $0 $0 ($2,415) ($2,415) ($2,415) Delete Bollards @ Covered Parking EA 9.00 (150.00) ($1,350) ($100) ($900) $0 ($2,250) Delete Covered Parking Structure LS 1.00 $0 $0 ($27,303) ($27,303) ($27,303) Delete Electrical to Covered Parking LS 1.00 $0 ($1,500) ($1,500) ($1,500) ($1,350) ($900) ($31,218) ($33,468) Sales Tax % 6.00 incL incL ($1,350) ($900) ($31,218) ($33,468) G.C, Mark-Up % $0 Bonds & Liability Insurance % ($33,468) MAY 0 1 2007 ,_ Cp, !/d....· t<~:,' }' """" t;" (,'I "'f"';--/_. ,,": ',." \..) 1'\0 f;.,!: ~y ;; ~...., ~=f D ~-¡, ~ r""i:. _ -.. .. -_d," ,t"'. ,,~, , ¡lI} . I, ~!II~·...:_C'~:;'-t ~ i.,.r: 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626..9980 May 1, 2007 Mr. Greg White St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Fax: (772) 462-1444 Re: Clerk of Courts Chiller Plant Added Chiller Control Valves Pending Change No. 52.09 Dear Greg: In conjunction with the submittal review process the engineer added motorized isolation valves at each of the three chillers on the referenced project. The net cost for adding these valves is Eleven Thousand Eight Hundred Fifty Eight Dollars ($11,858.00). Assuming a timely response, we will not require additional time in order to provide this change. Please review the attached backup information and let me know if you have questions or require anything else. Sincerely, David Brooks Enterprises, Inc. ACCEPTED: St. Lucie County David Brooks President By Pì AM 6r'L-/ïG W!-1 117= Print Name I Title Date: r1J /r ! cJ7 I PM Cc Paul Dritenbas, EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File Y:\Clerk of Courts\Pending Changes\P.C, #52,09,doc General Contractors · Construction Management ESTIMATE RECORD Project Clerk of Courts Office Building P.C. # 52.09 - Added Chiller Control Valves Date: Page: Prepared by: 05/01/07 lotl David Brooks Enterprises, Inc. DB Detaj~ u _ . . ~ . __ Labor Total Material Material Subcontract . Subcontract Total Sheet Description Unit Quantity - tJi1ii Labör . Unit Total Unit ., Total Cost Supervision & Coordination HR 1.00 60.00 $60 $10 $10 $0 $70 Added Valves (Siemens Quote) LS 1.00 $0 $0 $10,494 $10,494 $10,494 $60 $10 $10,494 $10,564 Sales Tax % 6,00 incl. ine!. $60 $10 $10,494 $10,564 G.C. Mark-Up % 10.00 $6 $1 $1,049 $1,056 Bonds & Liability Insurance % 2.0 $237 $11,858 CHANGE ORDER ,ST. LUCIE COUNTY PROJECT: (name, address) New Clerk of Courts Office Building TO (Contractor): David Brooks Enterprises, Inc. 9000 Burma Rd., # 101 Palm Beach Gardens, FL 33403 CHANGE ORDER NUMBER: 13 INITIATION DATE: May 14, 2007 CONSULTANT'S PROJECT NO.: C-05-12-636 ST. LUCIE COUNTY CONTRACT NO: CONTRACT DATE: 12-07-05 You are directed to make the following changes in this çontract: (Additional sheet attached as Exhibit A - Yes No) Incorporate changes to the contract submltted and approved as Pending Change numbers (P.C. #'s) 56A, 64, 65, 67, 70, 73, 78, 81R, and 82 (summary attached). The original (Contract Sum) (etlBf"'8A~eQ.Ma*~Ge&t) was ...................... '. . .. $ Net change by previous authorized Change orders ..................................... $ The (Contract Sum) (.G.uar:aJ:lteeQ~um~4 prior to this Change Order was ....... $ The (Contract Sum) (~~~g~.j.n:¡.1Jm..cøs4 will be (increased) ~¡:easOO-g.r ch.al:1ge.d) by this Change Order ....................................................... $ The new (Contract Sum) (.G¡.¡a¡:a¡;teQd.~~C~~) including this Change Order will be $ The Contract Time will be (~Qc;4-<.dQG.(~d) (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is: ll., 863,000.00 l,396,310.00 l3,259,310.00 42,751.00 13,302,061. 00 (0 ) Day!) *Jan. 31, 2008: Chiller Plant Funds Available: Account Number (see attached) *Oct. 30, 2007: The adjustment in Contract Price and/or Contract Time stated in this Change Order sha~t:Õ,f;~nr¡th~?ó1ãltpri%~dg . and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract Signing of the Change Order constitutes full and rriutualaccord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scop~ oftheentire workas set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor wil1 waive all rights to file a claim on this Change Order after it is properly executed. All work perforll)ed under this Change Order shall be performed in accordance with the contract specifications, Recommended: Edlund, Dritenbas, Bindley & Assoc. Architect/Engineer 65 Royal Palm pointe, Vero Bch, FL Address By Date Agreed To: David Brooks Enterprises, Inc. Contractor 9000 Burma Rd., #101, PBG, FL ~T3Q By 5/14-1 Dl Date WHITE - VENDOR GOLDENROD - FINANCE Approved: Central Services St. Lucie County Department 2300 Virginia Ave., Ft. Pierce, FL Address By Date Authorized: , St Lucie County: 2300 VirginiaAve., Ft Pierce, FL 34982 By Date Approved as to Form and Correctness County Attorney GREEN - PURCHASING PINK - DEPARTMENT ST. LUCIE COUNTY CLERK OF COURTS OFFICE BUILDING CHANGE ORDER NO. 13 SUMMARY 14-May-07 P.C. No. Description Price Days 56A Sky Bridge Framing @ Windows $3,397 64 SC Doors @ Demountable ptns $2,367 65 Added Lighting Circuitry $13,695 67 Cabinet Modifications ($25,733) 70 Pedestrian Bridge Tie-In $5,568 73 Pedersen & Drawdv Corrections $8,628 78 PCM Electrical Service $6,997 81R Curbs, Ramps and Pavers $26,952 82 Landscape Modifications $880 TOTALS $42,751 0 oaks 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626:9960 Fax: 561.626.9980 April 18, 2007 Mr. Greg White S1. Lucie County Central Services Dep1. 2300 Virginia Ave. Fort Pierce, FL 34982 Fax: (772) 462-1444 Re: Clerk of Courts Office Building Sky Bridge Framing at Windows Pending Change No. 56A Dear Greg: In addition to the sky bridge framing previously submitted and approved (P.C. # 56R) we have been asked to price adding framing at the windows to provide additional strength and a sloping sill. The net price for this work is Three Thousand Trree Hundred Ninety Seven Dollars ($3.397.00). Assuming a timely response we will not require additional contract time in order to perform this work. Please review the attached documentation and let me know if you have questions or require additional information. Sincerely, David Brooks Enterprises, Inc. ~~d~~G) ~ President ACCEPTED: St. Lucie County By:J4/ W Date:~7 G ~(Í(; Wl-h1ñ. Print Name I Title I ~/1Ç!ð1 Cc Paul Dritenbas, EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File Y:\Clerk of Courts\Pending Changes\P.C, #56A,doc General Contractors · Construction Management ESTIMATE RECORD Project: Clerk of Courts Office Building P.C. # 56A· Sky Bridge Framing @ Windows Date: Page: Prepared by: 01/26/07 REVISED 1 of 1 David Brooks Enterprises, Inc. DB DetaiU labor Total Material Material Subcontract Subcontract Total Sheet Description Unit Öuantity Unit labor Unit Total Unit Total Cost Supervision & Coordination HR 4,00 60,00 $240 $10 $40 $0 $280 Sky Bridge Framing (K & S # 15R) LS 1.00 $0 $0 $2,615 $2,615 $2,615 $240 $40 $2,615 $2,895 Sales Tax % 6.00 inc!. inc!. $240 $40 $2,615 $2,895 G,C. Mark-Up % 15,00 $36 $6 $392 $434 Bonds & Liability Insurance % 2,000 $68 $3,397 ooks 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 March 21,2007 Mr. Greg White St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Fax: (772) 462-1444 Re: Clerk of Courts Office Building Upgrade Doors in Demountable Partitions to Solid Core Pending Change No. 64 FAXED MAR 2 1 2001 EN~~~~~~~¥~C Dear Greg: We offer to upgrade the doors scheduled to be installed in the demountable partitions from hollow core to solid core for a net increase in the contract price of Two Thousand Three Hundred Sixty Seven Dollars ($2.367.00). Assuming a timely response we will not require a contract time extension in order to accommodate this change. Please review the attached back-up information and let me know if you have questions or require anything else. Sincerely, David Brooks Enterprises, Inc. ACCEPTED: St. Lucie County ~;;:~ ~ President By: lJyW G r--fì L \,J ~ I T fl Print Name I Title Date:~Ù7 I pM Cc Paul Dritenbas, EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File Y:IClerk of CourtslPending ChangesIP.C, #64,doc General Contractors · Construction Management ESTIMATE RECORD Project: Clerk of Courts Office Buildinq P.C. # 64 - SC vs. HC Doors in Demountable ptns Date: Page: Prepared by: 03/21/07 1 of 1 David Brooks Enterprises, Inc. DB DetaiV Labor Total Material Material Subcontract Subcontract Total Sheet Description Unit Quantity Unit Labor Unit Total Unit Total Cost Upgrade to SC Doors (Walllnnov.) LS 1.00 $0 $1,894 $1,894 $0 $1,894 $0 $1,894 $0 $1,894 Sales Tax % 6.50 $123 $123 $0 $2,017 $0 $2,017 G.C. Mark-Up % 15.00 $0 $303 $0 $303 Bonds & Liability Insurance % 2.000 $47 $2,367 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 April 18, 2007 Mr. Greg White St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Fax: (772) 462-1444 Re: Clerk of Courts Office Building Added Lighting Circuitry Pending Change No. 65 Dear Greg: We offer to add lighting circuitry as outlined in the proposal from Fastrac Electric (# COP 31 R) dated Apri117, 2007. Please note the following qualifications; We do not have drawings or descriptions associatJwith the scope of work and assume that no other trades or work will be impacted. We reserve the right to adjust our price if required. We assume that approval and performance of the work will not impact our schedule for proceeding with curbs and pavers or any other work. The scope limits and qualifications included in Fastrac's proposal shall apply. · · · The net price for this change is Thirteen Thousand Six Hundred Ninety Five Dollars ($13.695.00). Assuming a timely approval for this work we will not require a time extension. Please review the attached and advise if you have questions or require anything else. Sincerely, David Brooks Enterprises, Inc. ACCEPTED: St. Lucie County \ BY¥ 0(l,p{; l,.) Ii rtf:. Print Name I Title Date: Lf/zr/tJ"l I P !iI. Cc Paul Dritenbas, EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File Y:\Clerk of Courts\Pencling Changes\P.C, #65,cloc General Contractors · Construction Management ESTIMATE RECORD Project: Clerk of Courts Office Buildinq P.C. # 65 - Added Lighting Circuits Date: Page: Prepared by: 04/18/07 1 of 1 David Brooks Enterprises, Inc. DB Detail! Labor Total Material Material Subcontract Subcontract Total d Sheet DeserlDtion Unit Quantity Üöií Labor Unit Total Unit Total Cost Supervision & Coordination HR 4.00 60.00 $240 $10 $40 $0 $280 Added Lighting Circuits (Fastrae # 31 R) LS 1.00 $0 $0 $11,390 $11,390 $11,390 $240 $40 $11,390 $11,670 Sales Tax % 6.00 ¡nel. ¡nel. $240 $40 $11,390 $11,670 G.C. Mark-Up % 15.00 $36 $6 $1,709 $1,751 Bonds & Liability Insurance % 2,000 $274 $13,695 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 April 18, 2007 Mr. Greg White St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Fax: (772) 462-1444 Re: Clerk of Courts Office Building Cabinet Modifications Pending Change No. 67 Dear Greg: We have developed pricing for modifying the casework on the referenced project in response to your direction and as outlined in your memorandum dated February 19, 2007. Please note the following as it relates to this change. · The mailroom and related casework is deleted from our scope of work and will be by others (credit was issued as part of change order no. 3) · A separate memorandum directs the county to reduce the direct purchase order with Institutional Products, Inc. for the material value. · Pending Change # 39 previously submitted is voided by this proposal The net credit associated with the outlined changes is Twenty Five Thousand Seven Hundred Thirty Three Dollars ($25,733.00). Please review the attached and let me know if you have questions or require anything else. Sincerely, David Brooks Enter ACCEPTED: St. Lucie County ~-=:)~ David Brooks President By: PI Jv0 () f'Lt1\G \,J 111Tf: Print Name / Title Date:~()7 I (7. M, Cc Paul Dritenbas, EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File Y:IClerk of CourtslPending Changes\P,C. #67,doc General Contractors · Construction Management ¡ Ento"""" I.~ ESTIMATE RECORD Project Clerk of Courts Office Buildinq P.C. # 67 - Casework Modifications Date: Page: Prepared by: 04/18/07 lofl DB DetaiV Labor Total Material Material Subcontract Subcontract Total Sheet Description Unit Quantity Unit Labor Unit Total Unit Total Cost Supervision & Coordination HR 16.00 60,00 $960 $10 $160 $0 $1,120 Casework Modifications LS 1.00 $0 $0 ($26,863) ($26,863) ($26,863) [Ret Inst Products Quote 318/07] Notes: 1. Previous proposal P.C. # 39 is Void 2. Mailroom Casework is by Others $960 $160 ($26,863) ($25,743) Sales Tax % 6,50 $10 $10 $960 $170 ($26,863) ($25,733) , G.C. Mark-Up % $0 Bonds & Liability Insurance % ($25,733) Dept of Central Services Roger Shinn - Director Phona: 772-462-1432 Fax: 772-462-1444 Memorandum Date: February 19, 2007 To:: David Brooks Cc: Rick WUheJm, Paul Dlit&ribas ))cJ from: Greg White, Projact Manager, Central SeNiœs HE: P .C. #Ô7 Demountable WaDs, Casework The following changes are a result of my meeting with Ed Fry, his staff and the owner supplied systems furniture rep, Tony Kawaguchi. Please read carefully as scope changes are outJined. Note: All mailroom boxes and/or sorters will be provided by the owner through KI. However, backing support for all casework and these mal! units is still required in the originaJ locations by David 8rooks and/or his subcontractors. Most of these changes reflect back to tha original int&nt of having an adaptable building. Sheets ID-1, $P-1 Change the built-in casework shown in Room 011, Information. to systems furniture by Kt. Credit is requested frOr'n Im.;titutiQnal Products (lP) for elevation" Jø on sheet ID-6. Sheets ID-2, SP-2 Room 102, Mail Room shall be renamed Appeals Division as depicted by the workstations (AD- 1 & 2). The casework shown as P & Q on ID-6 will become systems furniture by KI. No credit is required as credit was given in an earlier change order. Room 106, WorK/Copy. Casework shown on north wall as RIID-6 will become systems fumiture by KI. Cradít is requested from IP. Courtesy mailboxes and casework at r/ID-6 to be provided in systems furniture from KI. No credit is required as credit was given in earlier change order. Room 122, Work. Casework shown on both sides shown in Wand X on 10..6 will become systems fumiture by KL Credit is requested from IP. Þ0/lØ 39'1d Sl~nD:) .:!O >!H3l8 1:l10E52;UL 1: 5E:9T L002;/91/60 A full row of "upper" mailboxes will be added in lieu of the carrels outsjde the mechanical room 117. Please note this wall along File 116 is a demountable partition. Please ask Wall Innovators if this is possible. Sheets ID--3, SP-3 Room 214, Evidenœ Custodian. Built-in casework shown in 2C and 2D/lD-7 wiU be systems fumlture by KL Credit is requested from ¡P. Room 210, Open Office. Built-in casework shown În 2E, 2f', 2G. 2H. and 2JIID-7 will be systems fumiture by KI. Credit is requested from IP. Room 222 Wori</Copy. Built-in casework O/ì south wall shown in 2N1ID-7 wiIJ be systems furniture by KI. other side of room is acceptable as builtrin. Credit is requested from IP. Sheets ID-4, SP-4 Room 305, Dark Room. Built-in casework shown in 3dJID-7 will be systems furniture by KI. Credit is requested from IP. Room 313, Open Office. Buitt-in casework shown in 3M, 3N, 3P, 301 10..7 wiU be systems furniture by KI. Credit is requested from IP. Room 313. The framed wall at the data entry area has bean removed. All built-in casework shown in 3R/JD-7 win be systems furniture by KI. Credit is requested from IP. Room 335, Training. The Training room will be relocated to the 4th floor, Domestic Violence area and offices 420 & 427. See attached sketch. All built-in casework will be deleted. A aedit is requested for aJl casework shown in 3V, 3W, and 3X on 10-7. Four data and power drops need to remain in the old training room to provide workstation capacity. Two sets of PQwer/data drops from the old training room need to be moved to the new training room on the 4th floor. A total of 8 data/power drops will be available in the newly relocated training room. No additional data/power drops are required. Existing, original planned drops can be utilized from domestic violence offices. Door 185 or 186 can be relocated 'for entry into the new training room as shown in the sketch. The other door can become "attic stock." The new training room will have a folding partition provided and installed by systems fumiture contractor, KI. Sheets ID-5, SP-6 Room 409, Open Office. Built-in casework shown as 48, 4C, 4D on ID..ß wJJl become systems fumiture by KI. Credit is requested from IP. Room 417, Open Office. Built-in casework shown as 4J and 4K on 10-8 will be systems furniture by KI. Credit is requested from IP. Room 424, Mental Health. Room will be renamed "Self-Help." Remove the file room demOl:lntable walls and door 178. Place door and demountable wall panels into attic stock Delete the service window, tray and associated casework as shown in 4H on ID-8 and replace with standard demountable wall panel. Credit is requested from IP. Domestic Violence/ "New Training Room. Renumber new training room to 420. Delete the service window and tray, place in attic stock and replace with standard demountable wall panel. Room 414, Human Resources. HR to be relocated to Room 429 Marriage. Relocate power/data drop from 414 to room 429. Room 414 to remain for future. 1ï0/E0 3Ð'ii'd Slè!nOJ .:10 >lè!31:J TlI0E5GGLL 1 5E:ST L00G/ST/l0 MAY'" ':i ~ ~ . .,. . ..,- i,,)': I IJL, Cr\ L....>1 ;-''''''~.'''~' .-.' . f ,~\¡:/-'" 9000 Burma Road, Suite 1 01 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 May 1, 2007 Mr. Greg White St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Fax: (772) 462-1444 Re: Clerk of Courts Office Building Pedestrian Bridge Tie-In Pending Change No. 70 Dear Greg: As directed by the architect we have framed and stucco'd around the pedestrian bridge at the old Clerk Annex building. The net price for this work is Five Thousand Five Hundred Sixty Eiaht Dollars ($5.568.00). We also request a time extension of zero (0) calendar days. Please review the enclosed and let me know if we need to discuss or if you require any additional information. David Brooks President ACCEPTED: St. Lucie County By: j)J ~ Gr'l~G ~P'll Print Name I Title Date:5/-J4!-1 I f? IV\. Cc Paul Dritenbas EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File Y:\Clerk of Courts\Pending Changes\P.C, #7Q,doc General Contractors · Construction Management ESTIMATE RECORD Project: Clerk of Courts Office Buildinq P.C. # 70 - Pedestrian Bñdge Tie-In Date: Page: 05/01/07 lof 1 David Brooks Enterprises, Inc. Prepared by: DB DetaiU Labor Total Material Material Subcontract Subcontract Total Sheet Description Unit Quantity Unit Labor Unit Total Unit Total Cost Supervision I Coordination HR 2.00 60.00 $120 $20 $40 $0 $160 Rough Carpentry LS 1.00 250.00 $250 $50 $50 $0 $300 Framing & Densglas (K & S) LS 1.00 $0 $0 $1,605 $1.605 $1,605 Stucco (Pederson Plastering) LS 1.00 $0 $0 $2,680 $2,680 $2,680 $370 $90 $4,285 $4,745 Sales Tax % 6.00 iOel, incl. $370 $90 $4,285 $4,745 G.C, Mark-Up % 15,00 $56 $14 $643 $712 Bonds & Liability Insurance % 2.000 $112 $5,568 FA ED MAR 3 0 20U7 DAVID BHOOKS ENTERPRISES, lNG, 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 March 30, 2007 Mr. Greg White S1. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Fax: (772) 462-1444 Re: Clerk of Courts Office Building Correction of DBC & Pedersen C.O.R. Pending Change No. 73 Dear Greg: As we discussed at our last jobsite meeting, there have been instances when we have corrected errors to the benefit of the owner on the referenced project (over $5,000 on P.C. 51 due to a plumbing charge mistakenly added and approved; a $6,000 mistake on the Annex Window project). There were also a couple of errors that went the other way which we request the opportunity to correct. In an effort to ease the pain we submit the following without overhead or profit. Added concrete shell work at the round windows where no indication was shown on the plans as to the scope or intent of this work (Drawdy Bros. proposal of 11/11/06) $5.988 Pedersen Plastering mistakenly used half of the value of the stucco in the stairways and this was approved as part of P.C. # 53R. The value requested is $2.640 Please review the attached documentation and let me know if you have questions or require additional information. Your consideration is appreciated. Sincerely, David Brooks Enterprises, Inc. ACCEPTED: St. Lucie County By Þì, lli 0fLn.(¡ Wl..)ITfL Print Name / Title Date: L( l"Ls/() 1 / p.M. Cc Paul Dritenbas, EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File Y:\Clerk of Courts\Pending ChangesIP.C, #73,doc General Contractors · Construction Management 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 April 18, 2007 Mr. Greg White St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Fax: (772) 462-1444 Re: Clerk of Courts Office Building PCM Electrical Service Pending Change No. 78 Dear Greg: At an April 12 jobsite meeting Fastrac Electric was asked to prepare a proposal for furnishing and installing raceways and conductors to various Power Control Modules (PCM's) on the referenced project. We offer the following in response. The net price for this change is Six Thousand Nine Hundred Ninety Seven Dollars ($6,997.00). Assuming a timely approval for this work we will not require a time extension. Please note that this proposal does not include the addition of any PCM's and that we further include all scope limits and qualifications contained in the attached proposal from Fastrac. Please review the attached and advise if you have questions or require anything else. Sincerely, David Brooks Enterprises, Inc. ~ David Brooks President ACCEPTED: S1. Lucie County BY~' ZM Date: t..¡( Zr-!dr¡ / l{ I ~1of") útt!2.(j \tJ H-I m. Print Name / Title Cc Paul Dritenbas, EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File Y:\Clerk of Courts\Pending Changes\Þ.C, #65.doc General Contractors · Construction Management ESTIMATE RECORD Project: Clerk of Courts Office BuildinQ P.C. # 78 - PCM Electrical Service Date: Page: 04/18/07 1 of 1 David Brooks Enterprises, Inc. Prepared by: DB DetaiV Labor Total Material Material Subcontract Subcontract Total Sheet Description Unit Quantity Unit Labor Unit Total Unit Total Cost Supervision & Coordination HR 4.00 60.00 $240 $10 $40 $0 $280 Added Electrical (Fastrac # 32) LS 1.00 $0 $0 $5,682 $5,682 $5,682 $240 $40 $5,682 $5,962 Sales Tax % 6.00 incl. incl. $240 $40 $5,682 $5,962 G,C, Mark-Up % 15,00 $36 $6 $852 $894 Bonds & Liability Insurance % 2.000 $140 $6,997 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 May 14, 2007 Mr. Greg White St. Lucie County Central Services Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Fax: (772) 462-1444 Re: Clerk of Courts Office Building Concrete Curbs, Ramps and Pavers Pending Change No. 81R - REVISED MAY 1 4 2007 D:.!...\ ~\t'f,f-( _ t \. ¥ ~~ ENTE¡:fPR\~¡;:C' INt""' - . '='''!.:, - Ii:'·~}b~d· tt ~~~ Dear Greg: As discussed, our proposal for the referenced change included 6" of rock base under all of the pavers on the referenced project. We have revised this proposal to allow for 8" of base on the Indian River Drive side of the building. The revised net price increase for this work is Twenty Six Thousand Nine Hundred Fifty Two Dollars ($26.952.00). Please review the enclosed backup information and let me know if we need to discuss or if you require any thing else. David Brooks President ACCEPTED: St. Lucie County Thank you, David Brooks Enter ~~\ By: Date: I Print Name I Title Cc Paul Dritenbas EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File Y:\Clerk of Courts\Pending Changes\P,C. #81 R.doc General Contractors · Construction Management ESTIMATE RECORD Project: Clerk of Courts Office Buildinq P.C. # 81R - Curb, Ramps & Paver Modifications Date: Page: 05/14/07 REVISED 10f 1 David Brooks Enterprises, Inc. Prepared by: DB DetaiV -- Labor Total Material Material Subcontract Subcontract Total Sheet Description Unit Quantity Unit Labor Únit Total Unit Total Cost Supervision I Coordination HR 8.00 60.00 $480 $15 $120 $0 $600 Protect I Patch I Sleeve LS 1.00 500.00 $500 $250 $250 $0 $750 Clean Up & Debris Removal LS 1.00 200.00 $200 $200 $200 $0 $400 Concrete Work (Woemmel Const.) LS 1.00 $0 $0 $9,525 $9,525 $9,525 Remove Dirt for Added Base Rock LS 1.00 $0 $0 $1,900 $1,900 $1,900 Added 6" Baserock for Pavers LS 1,00 $0 $0 $6,750 $6,750 $6,750 Added Pavers @ Crosswalk LS 1.00 $0 $0 $597 $597 $597 Thin Set Pavers on Concrete Footers LS 1.00 $0 $0 $745 $745 $745 Add for 8" Baserock on Indian River Dr. LS 1.00 $0 $0 $1,700 $1,700 $1,700 $1,180 $570 $21,217 $22,967 Sales Tax % 6.00 incl. incl. $1,180 $570 $21,217 $22,967 G.C, Mark-Up % 15.00 $177 $86 $3,183 $3,445 Bonds & Liability Insurance % 2.000 $540 $26,952 9000 Burma Road, Suite 101 Palm Beach Gardens, FL 33403 561.626.9960 Fax: 561.626.9980 April 24, 2007 Mr. Greg White S1. Lucie County Central Services. Dept. 2300 Virginia Ave. Fort Pierce, FL 34982 Fax: (772) 462-1444 Re: Clerk of Courts Office Building Landscaping Modifications Pending Change No. 82 Dear Greg: Jared Smith with Brad Smith Associates visited the site on April 6 and again on April 1 0 after which he issued field reports and made recommendations for changes in the scope of work. We offer to incorporate the proposed landscape changes for a net increase to the contract sum of EiQht Hundred Eiç¡htv Dollars ($880.00). Assuming a timely response we will not require a time extension for this work. Please review the enclosed and let me know if we need to discuss or if you require any additional information. Thank you, ~5r~'nc.~ David Brooks President ACCEPTED: 51. Lucie County By: ))^';) U-& G1'l6Ú L.; WI flL Print Name I Title Date: c..¡ / 'IS IV7 . I I P.t¡ Cc Paul Dritenbas EDB (Fax: 772-569-9208) Rick Wilhelm, DBE File Y:\Clerk of CouTtsIPending ChangesIP.C, #82.doc General Contractors · Construction Management ESTIMATE RECORD Project: Clerk of Courts Office Buildinq P.C. # 82 - Landscaping Modifications Date: Page: 04/24/07 1 of 1 David Brooks Enterpñses, Inc. Prepared by: DB DetaiV Labor Total Material Material Subcontract Subcontract Total Sheet Description Unit Quantity Unit Labor Unit Total Unit Total Cost Supervision I Coordination HR 1.00 60,00 $60 $0 $0 $60 Net Landscaping Changes LS 1.00 $0 $0 $690 $690 $690 (Alpha-Zeta) $60 $0 $690 $750 Sales Tax % 6.00 inel. incl. $60 $0 $690 $750 G.C. Mark-Up % 15,00 $9 $0 $104 $113 Bonds & Liability Insurance % 2.000 $18 $880 COUNTY ~. FLORIDA INVESTMENT FOR THE FUTURE AGENDA REQUEST ITEM NO: C-A 1 DATE: June 12. 2007 REGULAR [ ] PUBLIC HEARING [] CONSENT [ X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson Director SUBJECT: (REVISED Agenda # C-11 May 8, 2007) Approve Interlocal Agreement for Contribution/School Board/Dan McCarty Middle School. BACKGROUND: The School Board, the City of Ft. Pierce, and the County are in agreement that parking area improvements at the Dan McCarty Middle School track are needed. These improvements will improve traffic flow and safety on the roadways adjacent to and within the vicinity of the property and the track. The School Board agrees to fund a one-third share of the total project cost and the County agrees to be responsible for a two-third share of the total cost of designing, permitting, and construction the Parking Area Improvements. During the FY 06/07 budget hearings, the Board of County Commissioners approved $125,000 for the Dan McCarty project. The School Board will be the project manager. Staff is still working with the City of Ft. Pierce on their one-third contribution and the City Manager has agreed to recommend its one-third contribution towards this project. PREVIOUS ACTION: Approved Agenda # C-11 May 8, 2007 (attached) FUNDS WILL ARE AVAILABLE: 316-7210-563000-760018 (IFF-Parks-Infrastructure) RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Interlocal Agreement For Contribution between the County and the S~hool Board for parking area improvements at the Dan McCarty Middle School track as drafted by the School Board's Attorney and reviewed by the County Attorney. Authorize the Chairman to sign. COMMISSION ACTION: L ~ APPROVED [] DENIED [ ] OTHER: Approved 5-0 COL:~ty At1orney: Originating Dept: {,,, COOrjination/Siqnat~res ^.'< U-M9t & Budget: (.....-:!v 'Ì7fJ.SV Purchasing '.:::- ---: Public Works: Other: Finance (Check for Copy only, If applicable) .' . BOARD OF COUNTY COMMISSIONERS ~=r. ~eJt:IE ~. COUNTY '}j FLORIDA PARKS & RECREATION DEß~A ß~ISSON Director To: Board of County Commissioners From: Linda Barton, Assistant Director ~ Approval of Agenda Item # C-A 1 Subject: Date: June 12, 2007 The School Board, the City of Ft. Pierce, and the County are in agreement that parking area improvements at the Dan McCarty Middle School track are needed. These improvements will improve traffic flow and safety on the roadways adjacent to and within the vicinity of the property and the track. The School Board agrees to fund a one-third share of the total project cost and the County agrees to be responsible for a two-third share of the total cost of designing, permitting, and construction the Parking Area Improvements. During the FY 06/07 budget hearings, the Board of County Commissioners approved $125,000 for the Dan McCarty project. The School Board will be the project manager. Staff is still working with the City of Ft. Pierce on their one-third contribution and the City Manager has agreed to recommend its one-third contribution towards this project. Cc: Doug Anderson, County Administrator Ray Wazny Assistant County Administrator File JOSEPH E SMITH D'lrwr t<o 1 . :>:¡UC CC'~'A:\D [)",FlC No:2 . PAUlA A 1[1),'1) ['¡,,",cr No, J . (>-I"r\L,', GhANDE DlsrrlCl 1'-10 4 . CHr,IS CI'-AfT DISTrlcr No, 5 C oUlìry AC1ïr:li"IISrrolo' - DotlL}:c\S tv~\. Anders()(\ 2Jon Virginia Avenue · Fort Pierce, Florida .34982-5652 Phone (772) 4ò2151 B · Fox (772) ,162-1940 · E-mail: brissond@cost-lucie.fLus www.co.sf-Iucie.fl.us AGENDA REQUEST ITEM NO: C-11 DATE: May 8, 2007 REGULAR [ l PUBLIC HEARING [] CONSENT [ X] INVESTMENT FOR THE FUTURE TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson Director SU~JECT: Approve Interlocal Agreement for Contribution/ School Board/Dan McCarty Middle School BACKGROUND: The School Board, City of Ft. Pierce and the County are in agreement that parking area improvements at the Dan McCarty Middle School track are needed. These improvements will improve traffic flow and safety on the roadways adjacent to and within the vicinity of the property and the track. The School Board, the City, and the County each agree to be responsible for one-third share of the total cost of designing, permitting, and construction the Parking Area Improvements. The School Board will be the project manager. During the FY 06/07 budget hearings, the Board of County Commissioners approved $125,000 for the project. The County will pay to the School Board one-third share of the amount that it actually cost to complete the proposed parking area improvements (agreement attached). PREVIOUS ACTION: N/A FUNDS WILL ARE AVAILABLE: 316-7210-563000·760018 (IFF-Parks-Infrastructure) RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Interlocal Agreement For Contribution between the County and the School Board for parking area improvements at the Dan McCarty Middle School track as drafted by the School Board's Attorney and reviewed by the County Attorney. Authorize the Chairman to sign. [~ APPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: Approved s-o Doug n rson County Administrator Coordin ation/S iqnatu res County Attorney: ;¿r'iJL Mgt & Budget: /..:fù i ¡\lne'/ Purchasing: Onglnatmg Dept: (,~ _[ " _ Public Works: Other: Finance: (Check for Copy only, if applicable) OWNER CHANGE ORDER FORM CONSTRUCTION MANAGEMENT EDITION Recreational Design & Construction, Inc. 3990 North Powerline Road Fort Lauderdale, Florida 33309 PROJECT NAME: Lakewood Park Distribution to: OWNER: St. Lucie County ARCHITECT: Creech Engineers CONSTRUCTION MANAGER: St. Lucie County CONTRACTOR: Recreational Design & Construction, Inc. CHANGE ORDER NUMBER: 5 INITIATION DATE: May 7,2007 ARCHITECT'S PROJECT NO.: 004-261 CONTRACT FOR: Lakewood Park CONTRACT DATE: July 27,2004 You are directed to make the following changes in this Contract: DESCRIPTION OF WORK DOLLAR AMOUNT Construct New "Revised" Turn Lane @ Emerson Avenue $ 447,586.00 (Per attached written proDosa) Total amount of this chanae order $ 447,586.00 The original (Contract Sum) (Guaranteed Maximum Cost) was ..................................,... $7,853,858.00 Net change by previously authorized Change Orders .................................................... $ 742,824.00 The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change Order was ............ $8,596,682.00 The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased) (unchanged) by this Change Order ...................................................................................... $ 447,586.00 The new (Contract Sum) (Guaranteed Maximum Cost) including this Change Order will be $9,044,268.00 The Contract Time will be (increased) (decreased) (unchanged) by............................................ (90) Days The Date of Substantial Completion for the turn lane as of the date of this Change Order therefore is: Ninety (90) days after receipt of written approval from St. Lucie County and issuance ot permit by FDOT. Agreed to: Authorized by: Recreational Design & Construction, Inc. CONTRACTOR [Type Owner Name] OWNER NAME e ine Rd., Fort Lauderdale, FL 33309 [Type Owner Address] ADDRESS , ( /. . oseph C. Cerrone, III, President (signature) d ¿;{{; D E: BY: [Type Owner Authorized Agent] (signature) DATE: 11 ..,".' '.' ,',~,',~.: .:.:" ' {¡ , : , - -. :", '.'" . . .. , ' ,~~~ __ - , x"v,'~,- , ""~' ~"," '-,' " .' ........, '" ,~,+-,. 1[ Paula A. Lewis, Chairman Dou, Coward, Vice Chairman 'o.eph E. Smith Char Ie. Grande Chris Craft District No. I District No.2 District No. I District No.4 District No.5 AGENDA 'une 12, 2007 I. MINUTES Approve the minutes from the meeting held on May 22, 2007 2. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve warrants List No. 34, 35 and 36. 2. PURCHASING A. Permission to advertise and issue an Invitation to Bid to construct parl:?ing lots at Blind Creel:? ParI:? - Consider staff recommendation to approve to advertise and issue an Invitation to Bid to construct parl:?ing lots at Blind Creel:? ParI:? B. Permission to advertise and issue a Request for Proposals for Exotic Vegetative Removal and Maintenance at various St. Lucie County Sites - Consider staff recommendation to approve to advertise and issue a Request for Proposals for Exotic Vegetative Removal and Maintenance at various St. Lucie County Sites. D. Permission to advertise and issue a Request for Proposals (RFP) for Emergency Debris Removal and Dil:?e Repair at post catastrophic St. Lucie County Sites - Consider staff recommendation to approve to advertise and issue a Request for Proposals (RFP) for Emergency Debris Removal and Dil:?e Repair at post catastrophic St. lucie County Sites. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen 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 Director at (772) 462-1711 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 22, 2007 Convened: 12:31 p.m. Adjourned: 12:32 p.m Commissioners Present: Chairperson Paula A. Lewis, Chris Craft, Joseph Smith, Doug Coward, Charles Grande Others Present: Doug Anderson, County Administrator, Ray Wamy, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Beth Ryder, Community Services Director, Marie Gouin, M & B 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 May 8, 2007, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS 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. 32 and 33. 2. MOSQUITO CONTROL A. Budget Resolution No. 07-003- Budgeting an amended grant award of $24,500, Contract C05-11-588 from the Florida Division of Forestry-Urban Forestry Program- The Board approved Budget Resolution No. 07-003 and authorized the Chairman to sign. B. Budget Resolution No. 07-004- Budgeting an amended grant award of $78,269 (including $1,494 previously unexpended) from the Indian River Lagoon National Estuary Program/Saint Johns River Water Management District Agreement (C06-08-418) for assistance in controlling invasive exotic plant species and planting native species replacement plants at Blind Creek Park- The Board approved Budget Resolution No. 07-004 and authorized the Chairman to sign. 3. COUNTY ATTORNEY Impoundment Restoration- Thirteenth Amendment to may 25,2004 Agreement with Native Technologies, Inc. (C04-05-395)- The Board approved the proposed Thirteenth Amendment to the May 25, 2004 Agreement with Native Technologies and authorized the Chairman to sign the amendment. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court 1 06/01/07 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #35- 26-MAY-2007 TO 01-JUN-2007 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES PAYROLL 145 Mosquito Fund 147,979.64 38,620.88 GRAND TOTAL: 147,979.64 38,620.88 ITEM NO. C2-A DATE: 6/12/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: MOSQUITO CONTROL DISTRICT PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel. Purchasinq Director SUBJECT: Permission to advertise and issue an Invitation to Bid to construct parking lots at Blind Creek Park. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 145-6230-563000-JG005M Infrastructure PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff requests Board approval to advertise and issue an Invitation to Bid to construct parking lots at Blind Creek Park. (>1 APPROVED ( ) OTHER ( ) DENIED COMMISSION ACTION: Approved 5-0 ouglas M. Anderson County Administrator County Attorney (X) ~.~ Mosquito Control (X) I'---' Coordination/Sianatures Mgt. & Budget (X).q} fìt ~ Purchasing (X) -~ Other ( ) Other ( ) Finance: (check for co . only if applicable)_ PURCHASING DEPARTMENT MEMORANDUM ~. __~. ',_'_ .. . ._"_.~._ .'. ,___,. '"_'0- _,_ _..., TO: Mosquito Control District FROM: Neil Appel, C.P.M., Purchasing Director DATE: May 16, 2007 RE: Permission to advertise and issue an Invitation to Bid to construct parking lots at Blind Creek Park. Backaround: This project is to prepare, design, and construct 1.2 acres of Blind Creek Park upland areas, for a minimum of (4) parking lots. While avoiding archaeological and wetland sites, the County shall preserve stands of native vegetation distributed amongst and adjacent to the parking lot areas, thereby creating a rustic appeal/design to the layout of the lots while protecting the natural and historic resources of Blind Creek Park Recommendation: Staff requests Board approval to advertise and issue an Invitation to Bid to construct parking lots at Blind Creek Park. NA/ak " ITEM NO. C2-B DATE: 6/12/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: MOSQUITO CONTROL DISTRICT PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel. Purchasinq Director SUBJECT: Permission to advertise and issue a Request for Proposals for Exotic Vegetative Removal and Maintenance at various St. Lucie County Sites. BACKGROUND: Please see attached memorandum. FUNDS AVAilABLE: 145-6230-534000-600 Other Contractual Services and Grants (as available) PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff requests Board approval to advertise and issue a Request for Proposals for Exotic Vegetative Removal and Maintenance at various St. Lucie County Sites. (~ APPROVED ( ) OTHER ( ) DENIED COMMISSION ACTION: Approved 5-0 Doug a M. Anderson County Administrator County Attorney (X) Purchasing (~ Mosquito Control (X) Finance: (check for co ' only if applicable)_ Other ( ) ~ PURCHASING DEPARTMENT MEMORANDUM TO: Mosquito Control District FROM: Neil Appel, C.P.M., Purchasing Director DATE: May 16, 2007 RE: Permission to advertise and issue a Request for Proposals (RFP) for Exotic Vegetative Removal and Maintenance at various St. Lucie County Sites. Backaround: Staff is requesting permission to issue an RFP for firms to provide Category I and" exotic plant physical removal and treat in-place exotic plant maintenance, on a variety of County- and State- owned wetland and upland fringing areas, co-managed by the Mosquito Control District. Recommendation: Staff requests Board approval to advertise and issue a Request for Proposals for Exotic Vegetative Removal and Maintenance at various St. Lucie County Sites. NA/ak ITEM NO. C2-C DATE: 6/12/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: MOSQUITO CONTROL DISTRICT PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel. Purchasinq Director SUBJECT: Permission to advertise and issue a Request for Proposals (RFP) for Emergency Debris Removal and Dike Repair at post catastrophic S1. Lucie County Sites. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 145-6230-599300-prog Reserves PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff requests Board approval to advertise and issue a Request for Proposals (RFP) for Emergency Debris Removal and Dike Repair at post catastrophic S1. Lucie County Sites. COMMISSION ACTION: (~APPROVED () DENIED ( ) OTHER Approved S-O Douglas . Anderson County Administrator ~ Coordination/Sianatures County Attorney (X) .. Mgt. & Budget (X)~ '~ Purchasing (X) ;ø/ Mosquito Control (X)f Other ( ) Other ( ) Finance: (check for copy, only if applicable)_ PURCHASING DEPARTMENT MEMORANDUM TO: Mosquito Control District FROM: Neil Appel, C.P.M., Purchasing Director DATE: May 16, 2007 RE: Permission to advertise and issue a Request for Proposals (RFP) for Emergency Debris Removal and Dike Repair at post catastrophic S1. Lucie County Sites. Backaround: Staff is requesting permission to issue an RFP for firms to provide post-catastrophe contractual services to clear dikes and parking areas of debris for emergency access, and provide permanent repairs to dikes and accesses after completing the debris removal process. Funds are to be made available from FEMA and State of Florida after (Future) Emergency Declaration(s) is processed and Account no. 145-6230-599300-prog Reserves Recommendation: Staff requests Board approval to advertise and issue a Request for Proposals (RFP) for Emergency Debris Removal and Dike Repair at post catastrophic S1. Lucie County Sites. NA/ak ,·~LH" , ". Illtl~rWi'M nfYIIi', VI' IT 1¡111¡¡~MmWlIlri"iìn'" . Œ~ ¡Yln'i!illfr'lIf r .~ I··v- ",11. Clt. ~.....) .',.'.. .; !'~......_....... ,if :, .... _ V"> r'~' ,x 'M m=""'." "'~, [~ 'm!" IV Char Ie. Grande, Chairman Chris Craft, Vice Chairman 'o.eph E. Smith Dou, Coward Paula A. Lewis District No.4 District NO.5 District No. I District No.2 District No. I AGENDA 'une 12, 2007 I. MINUTES Approve the minutes from the meeting held on May 22, 2007. 2. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve Warrants List No. 34, 35 and 36. 2. PUBLIC WORKS Artificial Reef Program: Approval to amend existing contracts with McCulley Marine Services, Inc. and Lee Harris, P.E., PhD to accomplish one additional artificial reef deployment with the 2006-07 FWC grant - Consider staff recommendation to approve of the first amendment to 1) Worl:l Authorization No. 04 (C-05-06- 330) with McCulley Marine Services, Inc., in the amount of $68,000 and 2) Worl:? Authorization No. 07 (C05-11- 619) with Lee Harris, P.E., PhD, in the amount of $17,050, and execution of said contract amendments by the Chairperson. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen 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 Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 22, 2007 Convened: 12:32 p.m. Adjourned: 12:32 p.m. Commissioners Present: Chainnan Charles Grande. Paula A. Lewis, Chris Craft, Joseph Smith, Doug Coward Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the meeting held May 8, 2007, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENTS 3. CONSENT AGENDA It was moved by Com. Craft, seconded by Com. Lewis, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 32 and 33. 2. PUBLIC WORKS Erosion Division- First Amendment to Grant Agreement No. 06SL2 with the Florida Department of Environmental Protection and Work Authorization No.8 (C-04-11-642) with Coast Technology in the amount of $75,063 retroactive to February 15, 2007 - The Board approved the First Amendment to Grant Agreement No. 06SL2 and authorized the Chainnan to sign. There being no further business to be brought before the Board, the meeting was adjourned. Chainnan Clerk of Circuit Court 06/01/07 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #35- 26-MAY-2007 TO 01-JUN-2007 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 1,356.41 4,713.60 GRAND TOTAL: 1,356.41 4,713.60 1 AGENDA REQUEST ITEM NO. C-2 Date: June 12, 2007 SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: ~). ~~,W Richard A. Bouchard, P.E. Erosion District Manager TO: ST. LUCIE COUNTY EROSION DISTRICT SUBJECT: Artificial Reef Program: Approval to amend existing contracts with McCulley Marine Services, Inc. and Lee Harris, P.E., PhD to accomplish one additional artificial reef deployment with the 2006-07 FWC grant. BACKGROUND: The Florida Fish and Wildlife Conservation Commission (FWC), Division of Marine Fisheries, annually provides grant funding for artificial reefs. On April 10, 2007 the Board approved a $60,000 grant agreement with FWC to deploy three (3) barges (1,500 tons) of high quality clean concrete materials on the County's permitted offshore site. Concurrently, the Board also approved Work Authorization No. 04 with McCulley Marine Services, Inc. ($51,000) for services to deploy this material and Work Authorization No. 07 with Lee Harris, P.E., PhD, ($14,395) for pre- and post-deployment dives. During the collection of quality artificial reef material it was determined that there was enough material to achieve a fourth deployment. The attached contract amendments with McCulley Marine Services, Inc. and Lee Harris, P.E., PhD, provide for the necessary services in order to carry out this additional deployment. The fourth deployment will cost $19,655; which includes $15,655 from Erosion District artificial reef funds and $4,000 from FWC grant funds. FUNDS: Additional funding for the fourth deployment is identified with the following accounts: Funds ($4,000) are available in Account #184101-3710-563000-39003: FWC Grant - Artificial Reef. Funds ($13,000) are available in Account #184-3710-563000-39003: Erosion District - Artificial Reef. Funds ($2,655) will be made available in Account #184-3710-563005-39003: Erosion District - Artificial Reef. PREVIOUS ACTION: June 14, 2005: Board approved McCulley Marine Services, Inc. for General Marine Contracting & Coastal Services November 22, 2005: Board approved the selection of Mr. Lee E. Harris, P.E., PhD, as artificial reef consultant April 10, 2007: Board approved acceptance of a $60,000 artificial reef construction grant from FWC. April 1 0,2007: Board approved W.A. #04 with McCulley Marine Services, Inc. and W.A. #07 with Lee Harris, P.E., for services to deploy three (3) barges of concrete materials on the offshore artificial reef site RECOMMENDATION: Staff recommends Erosion District Board approval of the first amendment to 1) Work Authorization No, 04 (C-05-06-330) with McCulley Marine Services, Inc., in the amount of $68,000 and 2) Work Authorization No. 07 (C05-11-619) with Lee Harris, P.E., PhD, in the amount of $17,050, and execution of said contract amendments by the Chairperson. COMMISSION ACTION: [¥ APPROVED [ ] OTHER: [ ] DENIED Approved s-o [x]County Attorney .~ Jrd)ð"h ['10""00"0' D,pt. MIi'W"~ [x]Mgt & Budget [x]Executive Assistant ~ [x]FinanceDept COp~ FIRST AMENDMENT TO WORK AUTHORIZATION NO. 04 CONTRACT C05-06-330 GENERAL MARINE CONTRACTING COASTAL SERVICES ARTIFICIAL REEFS Pursuant to that certain Contract for General Marine Contracting Services-Work Authorization No. 04 (the "Contract) between the St. Lucie County Erosion District (the "County") and McCulley Marine Services, Inc. (the "Contractor") dated April 1 0, 2007 is hereby amended to increase the amount of the compensation to be paid to the Contractor to a total not to exceed Sixty-Eight Thousand Dollars ($68,000). The Contractor's "Scope of Services", "Work Compensation Sheet", and "Project Schedule" have also been attached hereto and made a part hereof as Exhibit "A." The Consultant also agrees to abide by the conditions and requirements of FWC Grant No. 06113. All other terms and conditions of Work Authorization No. 04 (C-05-06-330) shall be the same and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this First Amendment to Work Authorization No. 04 (C-05-06-330) to be executed and delivered on the dates below. ATTEST: ST. LUCIE COUNTY EROSION DISTRICT BY: DEPUTY CLERK CHAIRPERSON Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: McCULLEY MARINE SERVICES, INC. BY: Print Name: Title: Date: H:lMSWORD/MISC/MCCULLEY,A1,WA42007 McCulley Marine Services, Inc. 2309 N. Old Dixie Hwy. Phone 772.489.6069 Fort Pierce, FL 34946 The Artificial Reef Buildìu:$ PSlY 7.12...46Q.9701 PROPOSAL May 16, 2007 St. Lucie County Artificial Reef Program Attn: Mr. Jim Oppenbom 2300 Virginia Avenue Fort Pierce, Florida 34982 Dear Jim: McCulley Marine Services, Inc. (hereinafter referred to as MMS) continues to be ready and willing to support St. Lucie County in their Artificial Reef Program by loading and deploying concrete rubble, girdles, culverts and miscellaneous items. We win load and transport offshore by barge approximately four loads of materiais presently stored at Harbour Pointe Park. The material will be unloaded offshore at a pennitted site selected by St. Lucie County. After anchoring the barge with four anchors, we will deploy the material at the direction of Jim Oppenborn, St. Lucie County Marine Resource Coordinator. MMS will provide this service for all materials for a flat per load price of $17,000.00. All work to be completed within ninety days from Notice to Proceed. The price quoted includes the Tug, Barge, Loader, fuel and a full crew. It also includes insurance in the amount of $1,000,000.00 in the Tug and P&I and Jones Act on all MMS crew members. In addítíon,MMS also carries Florida Wotket's Compensation and USL&H Insurance. We would be glad to name St. Lucie County as additional insured and provide you with Certificates of all insurance. Thank you for the opportwñty to continue worldng with St. Lucie County in your artificial reef program. C05-11-619 (WA #07, Amend #1) FIRST AMENDMENT TO WORK AUTHORIZATION NO. 07 Professional Services Related to Pre- & Post-Deployment Dives for FWC Grant No. 06113 Pursuant to Work Authorization No. 07 between the St. Lucie County Erosion District (the "District") and Mr. Lee E. Harris, P.E., PhD (the "Consultant") dated April 10, 2007 (the "Agreement"), is hereby amended to increase the amount of the compensation to be paid to the Consultant to a total not to exceed amount of Seventeen-Thousand and Fifty Dollars ($17,050). The Consultant's "Scope of Services", "Work Compensation Sheet", and "Project Schedule" have also been attached hereto and made a part thereof as Exhibits "A", "B", and "C", respectively. The Consultant also agrees to abide by the conditions and requirements of FWC Grant No. 06113. All other terms and conditions of Work Authorization No. 07 (C-05-06-330) shall be the same and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this First Amendment to Work Authorization No. 07 (C-05-11-619) to be executed and delivered on the dates below ATTEST: ST. LUCIE COUNTY EROSION DISTRICT BY: DEPUTY CLERK CHAIRPERSON Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: MR. LEE E. HARRIS, P .E., PhD BY: Print Name: Title: Date: H:lMSWORD/MISC/LHARRIS.A1,WA07 LEE E. HARRIS, Ph.D., P.E. Consulting Engineer Phone: 321/795-1126 310 Ormond Ave. Indialantic, FL 32903 Email: Lharris@fit.edu "Exhibit A" Scope of Work May 16, 2007 Jim Oppenborn St. Lucie County Marine Resources Coordinator 2300 Virginia Avenue Fort Pierce, FL 34982-5652 RE: ST lUCIE COUNTY ARTIFICIAL REEFS - Three FWC Deployments Proposal for Performing Work to Assist with 4 FWC-funded Deployments for St. Lucie County Jim: This letter is to provide you with a proposal and cost estimate for our work for St. Lucie County for providing services to assist with four offshore deployments, with deployment between May 21 to June 30,2007, and post deployment reports thereafter. This proposal consists of the following items: , I. Scope of Work (Exhibit A), 2. Cost (Exhibit B), and 3. Schedule (Exhibit C). To perform this work, we will spend one day for pre-deployment surveys in the area for the four deployments, one day of ship and diver work for each of the deployments (3 days), and one day for post-deployment surveys, for a total of6 days offield work. Work performed on each of the three deployment days will include setting buoys and supervising the reef deployment. This assumes that each ofthe deployments can be performed during one 8-hour day on-site at sea. Any additional time necessarv due to weather delays or equipment breakdowns bv the contractor deploying the material may result in additional hours or davs needed to accomplish this work. We will also do post-deployment inspection and completion of the materials placement forms required by FWC. Please contact me for any further information required. Sincerely, Lee E. Harris, Ph.D., P.E. Consulting Coastal & Oceanographic Engineer rev LHarris _ SLCAR _ 2007FWC Deployments.doc Page 1 of3 LEE E. HARRIS, Ph.D., P.E. Consulting Engineer Phone: 321/795-1126 310 Ormond Ave. Indialantic, FL 32903 Email: Lharris@fit.edu "Exhibit B" Costs May 16, 2007 Jim Oppenborn St. Lucie County Marine Resources Coordinator 2300 Virginia Avenue Fort Pierce, FL 34982-5652 RE: ST LUCIE COUNTY ARTIFICIAL REEFS - Three FWC Deployments Proposal for Performing Work to Assist with 4 FWC-funded Deployments for St. Lucie County Using the approved rate sheet, the following costs are proposed to perform the work for St. Lucie County to assist with four offshore deployments from May 21 to June 30, 2007. Note that the proposal below assumes that the marine contractor performing the deployments will perform that work during one 8-hour day. , Any additional time necessary due to weather delavs or eauipment breakdowns by the contractor deployina the material may result in additional hours or days needed to accomplish this work. ST LUCIE COUNTY Rate Time (hrs) Amount 2007 FWC Construction Grant Deployments One Day Field Work Project manager 95 12 1140.00 Small Workboat with operator and fuel 75 12 900.00 Diver support - 1 additional diver per day 45 12 540.00 Diving & photographic equipment use 75/day 1 day 75.00 Subtotal $2,655.00 Total for 6 days $15,930.00 Office work: Material placement forms, data analvsis, photoaraphs, & report preparation Project manager 95.00 8 760.00 Technical personnel- 1 @ 45/hour 45.00 8 360.00 Subtotal $1,120.00 This cost assumes that each deployment will be accomplished during one 8-hour day onsite; TOTAL COST = $17,050.00 additional time will be charged if more time is required to monitor the contractor. rev LHarris _ SLCAR_ 2007FWC Deployments.doc Page 2 of3 LEE E. HARRIS, Ph.D., P.E. Consulting Engineer Phone: 321/795-1126 310 Ormond Ave. Indialantic, FL 32903 Email: Lharris@jit.edu "Exhibit C" Schedule May 16, 2007 Jim Oppenborn S1. Lucie County Marine Resources Coordinator 2300 Virginia Avenue Fort Pierce, FL 34982-5652 RE: ST lUCIE COUNTY ARTIFICIAL REEFS - Three FWC Deployments Proposal for Performing Work to Assist with 4 FWC-funded Deployments for 51. Lucie County We will coordinate closely with the marine contractor so that the pre-deployment field work will be done in advance of the barge deployments, and so that we will be on location to supervise the deployments. Task items will be completed as required to assist the contractor with the deployment, with materials placement reports submitted shortly after each of the deployments are completed. Depending on the actual deployment dates, the following table represents the latest dates that the tasks will be completed. Task Estimated Completion Time Planning Prior to the deployment, completed prior to May 25,2007 Pre-deployment surveys Prior to the deployment, completed by June 15, 2007 Deployment supervision During the deployment, completed by June 30, 2007 Post-deployment materials placement report Following each ofthe deployments, completed by July 15, 2007 Post-deployment inspection Following the deployment, completed by August 30, 2007 rev LHarris _ SLCAR _ 2007FWC Deployments.doc Page 3 of3