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Agenda Packet 01-15-2008
~ January 15, 2008 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEmNGS ARE TELEVISED. ALL MEmNGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEmNGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.f1.us ~ï"~ îIIII_l¡Il~"'~~_.."··"·;··.~~üìrllt~üu'·'~'·" Joseph Smith, Chairman District No.1 Paula Lewis, Vice Chairman District No.3 Doug Coward District No. 2 Charles Grande District No.4 Chris Craft District No. 5 __"'_"tllll..I.I~~_._·i'k'u'k'·'iIIlE_Î_·=""'·' '''''I~~~ January 15, 2008 6:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE /yf;fo 3. MINUTES Approve the minutes from the January 8, 2008 meeting. PROCLAMATIONS/PRESENTATIONS GENERAL PUBLIC COMMENT 4. (WðN~~T AGENDA /'6 ('f/h')(ui JJ-C1'vo-5 / A-cIA,'/;,Ä M ~ .¡~i1iîll"'¡ '.kw'kmì.W¡"îIIII."_. .IÌIíTI· rlil".~i.",,"""U.Î_I~ltlill1 PUBLIC HEARINGS SA. ~ COUNTY ATTORNEY nl.[tl' Ordinance No. 08-007 (f/k/a 07-056) Economic Development Impact Fee Mitigation Program - AoPY V' Consider staff recommendation to adopt Ordinance No. 08-007 and authorize the Chairman to sign the í¥',..O Ordinance. 6. ~ (&i V ~~~)) END OF PUBLIC HEARINGS ____'M_Ìli"""'" 'ltlfîîlllllîl!t'-'Ir 'H"'"'"íiiIJ!¡.íi'>1'tÞ''''îj=''jl''' '='''='''~'mlliî GRANTS Prioritizing the below four federal appropriation requests. Federal Appropriation Requests: 1. $1,900,000 from the Economic Development Initiative account of the FY 2009 Transportation and Housing and Urban Development Appropriations Act to develop infrastructure for a 20-acre parcel of the Treasure Coast Education, Research and Development Park. 2. $4,000,000 from the Construction General Account of the Energy and Water Development Appropriations bill to re-nourish Fort Pierce Beach. 3. $6,000,000 from the Formula and Bus Grants account of the FY 2009 Transportation and Housing and Urban Development Appropriations Act to purchase seven new buses as well as help construct a new intermodal facility where the County's bus fleet can be parked and maintained. 4. $500,000 from the General Investigations Corps of the Engineers Account of the Energy and Water Development Appropriations Bill for FY 2009 to continue the beach re-nourishment feasibility study. Staff recommends the Board prioritize the above four projects for federal funding and authorize the County Administrator to submit the prioritization of projects to the legislative delegation. Regular Agenda January 15, 2008 Page Two 7. COUNTY ATTORNEY ~ South Causeway Park - Amendment to Amended and Restated Recreational Facilities Exchange - . Consider staff recommendation to approve the Amendment to the Amended and Restated Interlocal ~.P Agreement and authorize the Chairman to .gn the Agreement. IIIl~IÏ_'iìmÁ'.1~ífi_lIl11lillllmílllillllilll~.mlli~IÌllmIll1_1l'...u"",··' '~~Il~ CONSENT AGENDA dll'mílmI__~"~~__ml _-- ...lj'·ful.1llØiìIØIì.;:,)J¡i&"dlil_dIIJ¡ 1. WARRANTS Approve warrant list No. 15 2. PARKS AND RECREATION Tradition Field FY07/08 Capital Improvements - Consider staff approval to allow SFS to proceed with the projects at a cost not to exceed $257K. Funds will be made available from loan proceeds. No expenses will be incurred until loan is secured. 3. INVESTMENT FOR THE FUTURE Parks and Recreation - Wastewater Treatment Plant Capacity Increase Project - Fairgrounds - EOC Emergency Bid Waiver - Approve Contract Increase with Ditchdiggers, Inc. - Budget Resolution No. 08- 043 - Budget Amendment No. SA 08-008 - Consider staff recommendation to sustain its original approval to declare an emergency bid waiver for the Fairgrounds Wastewater Treatment Plant based on time constraints and approve additional funding for the project in the amount of $673,687.12 increasing the total construction budget to $1,073,687.12. Approve the contract with Ditchdiggers, Inc., for an amount not to exceed $1,073,687.12 as drafted by the County Attorney and authorize the Chairman to sign. Approve Budget Resolution No. 08-043 and Budget Amendment No. BA 08-008. 4. PUBLIC WORKS A. Request Board approval of Locally Funded Agreement (LFA) with Florida Department of Transportation (FDOT) in the amount of $1,475,000.00 for funding of the Kings Highway PD&E Study and Resolution #08-047 - Consider staff recommendation to approve the Locally Funded Agreement (LFA) with Florida Department of Transportation (FDOT) in the amount of $1,475,000.00 for funding of the Kings Highway PD&E Study and Resolution #08-047 and authorize the Chairman to sign. B. Request approval of First Amendment to Work Authorization No. 1 (C06-08-758, Engineering Services for Roadway and Intersection Design) for an extension of time to March 31, 2008 with Kimley-Horn and Associates, Inc., for design and permitting of a southbound left turn lane into the Oxbow Eco-Center located on St. James Drive. No funds are associated with this request - Consider staff recommendation to approve the First Amendment to Work Authorization No. 1 (C06-08-758, Engineering Services for Roadway and Intersection Design) for an extension of time to March 31, 2008 with Kimley-Horn and Associates, Inc., for design and permitting of a southbound left turn lane into the Oxbow Eco-Center located on St. James Drive. C. Request approval of Second Amendment to Work Authorization No.2 to Contract C03-12-760 (Professional Engineering Services Contract Bridge Evaluation and Design) for an extension of time to March 31, 2008 with Jenkins and Charland, Inc., for repair of bridges related to Hurricane Wilma. No funds are associated with this amendment. Construction to commence Spring 2008 - Consider staff recommendation to approve and authorize the Chairman to sign the Second Amendment to Work Authorization No.2 to Contract C03-12-760 for an extension of time to March 31, 2008, with Jenkins and Charland, Inc., for repair plans of five (5) bridges affected by Hurricane Wilma. D. Work Authorization No.1 (C07-07-383) to the contract with Miller Legg for the design of Glades Cut-off Road and Selvitz Road Intersection in the amount of $253,222.59 - Consider staff recommendation to approve Work Authorization No.1 (C07-07-383) to the contract with Miller Legg for the design of Glades Cut-off Road and Selvitz Road Intersection in the amount of $253,222.59, and authorize the Chairman to sign. Consent Agenda January 15, 2008 Page Two 5. COMMUNITY SERVICES Permission to accept grant agreement between the Florida Department of Financial Services and St. Lucie County in the amount of $1,000,000 for the My Safe Florida Home Program - Consider staff recommendation to accept the grant and approve the agreement between the Florida Department of Financial Services and St. Lucie County in the amount of $1,000,000 for the My Safe Florida Home Program and authorize the Chairman to sign all necessary documents. 6. PURCHASING A. Approval of the first amendment to Contract No. C7-11-600 with Florida Highway Products, Inc. - Consider staff recommendation to approve the first amendment to Contract No. (7-11-600 with Florida Highway Products, Inc. and authorize the Chairman to sign the amendment as prepared by the County Attorney. B. Board approval to award Invitation to Bid #07-106 Purchase and Installation of Hurricane Shutters for Various County Buildings to the following lowest responsive, responsible bidders: E-Z Lock Shutter's Corp. Gulfstream Aluminum & Shutters Company Hurst Awning Company, Inc. Staff recommends Board approval to award Invitation to Bid #7-106 Purchase and Installation of Hurricane Shutters for Various County Buildings to the following firms: l.E-l Lock Shutter's Corp for the following buildings; Airport Custom $59,800.00. Lincoln Park CC - $ 1,975.00 Oxbow Environmental $38,300.00 2. Gulfstream Aluminum & Shutters CorpJor Helping Hands - $8,634.00 Data House $6,721.00, 3. Hurst Awning Company, Inc. Mosquito Control - $6,248.00, 4.Permission to go to the next low bidders if the lowest bidders do not execute contracts, and authorize the Chairman to sign the contract as prepared by the County Attorney. C. Board approval to award Request For Proposals (RFP) #07-110 Purchase of Uniforms and Related Items to Day Dreams Uniforms Inc., on a unit price basis - Consider staff recommendation to approve to award RFP #07-110, Purchase of Uniforms and Related Items to Day Dreams Uniforms Inc., on a unit price basis, and authorize the Chairman to sign the contract as prepared by the County Attorney. ~,,,,,u'llII"iÎ__mìl~IIl__'tilîllÎÎl_m___rl:1î"ml._ ANNOUNCEMENTS January 15, 2008 , ''fRllftlltlìiìîÎ-'lìIID'Ilíîllll_lfT LlIm__¡.¡Il¡~¡:p¡¡ií\""'il~1 1. The Board of County Commissioner will hold the January Informal Monthly Meeting on Tuesday, January 22, 2008 at 1:30 p.m. in Conference Room #3. 2. The Board of County Commissioners Evaluation and Appraisal Report Major Issues Workshop will be on Friday, January 25, 2008 at 1:30 p.m. in the County Commission Chambers. 3. The Tuesday, February 5, 2008 Board of County Commissioners Meeting has been canceled due to the Board of County Commission Trip to Washington. 4. The Board of County Commissioner will hold the February Informal Monthly Meeting on Tuesday, February 26, 2008 at 1:30 p.m. in Conference Room #3. 5. The Board of County Commissioner will hold the Strategic Planning Session on Wednesday, March 12, 2008 from 8:00 a.m. to 5:00 p.m. and on Thursday, March 13, 2008 from 8:00 a.m. to Noon at Tradition Town Hall. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. .,il'ï1i~Wr'~k"'" ·'Rili.' ,"q Î!',J'i>'¡¡Ij¡III'" L 1II1rrn""'lìli II'W" "lhUiiliR'''1tkUil¡,_lìì_.~j¡'·'''''' "·"rlirï~_¡!¡.tli'J¡' ,. "'''m'''~ ,q=u.,.'~'" " , " ," " REGULAR AGENDA RAl. COUNTY ATTORNEY Ordinance No. 08-010 -TVC Comprehensive Plan Amendments; Stipulated Settlement Agreement (Brown petiti~rS) - Consider staff recommendation to grant permission to advertise a public hearing on February 2008 at 9:00 a.m. or as soon thereafter as the item may be heard to consider a Stipulated 50 ~ment dated January S, 2008. CONSENT AGENDA CA1. PUBLIC WORKS Third Amendment to the December 20, 2005 Agreement with Inwood Consulting Engineers in the amount of $317,426.00 for the westward extension of the Walton Road improvement project, from Village Green Drive to US 1 - Consider staff recommendation to approve the Third Amendment to the December 20, 2005 Agreement with Inwood Consulting Engineers in the amount of $317,426.00 for the westward extension of the Walton Road improvement project, from Village Green Drive to US 1, and authorize the Chairman to sign. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting shouid contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ., t lÎiilMœllìÎ___.il.lìÎlîi.-I-----~---- January 15, 2008 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEmNGS ARE TELEVISED. ALL MEmNGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEmNGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. " , BOARD OF COUNTY COMMISSIONERS www.co.st-Iucie.fl.us "îlllllI.iÌlIï_lilBîIIII.ft.ü.._Rí__~I.¡j¡lî'Ü._~j_..- Joseph Smith, Chairman District No.1 Paula Lewis, Vice Chairman District No.3 Doug Coward District No. 2 Charles Grande District No.4 Chris Craft District No. 5 ~llI¡j¡¡j¡ì'i_m..'~iI_.__d_ìil_¡j¡ìillI____ January 15, 2008 6:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 2. PROCLAMATIONS/PRESENTATIONS ~/7 ~f 1. MINUTES Approve the minutes from the January 8, 2008 meeting. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA 1lI_~III_I¡¡iÎì.ìm__¡Îì.ìîllll.lil~I_Î.I~.~lIülIi PUBLIC HEARINGS SA. COUNTY ATTORNEY Ordinance No. 08-007 (f/k/a 07-056) Economic Development Impact Fee Mitigation Program - Consider staff recommendation to adopt Ordinance No. 08-007 and authorize the Chairman to sign the Ordinance. END OF PUBLIC HEARINGS Ilî'Î"_iiÜlm"~¡_íìiIIIl"'~___IW'-'__._¡ 6. GRANTS Prioritizing the below four federal appropriation requests. Federal Appropriation Requests: 1. $1,900,000 from the Economic Development Initiative account of the FY 2009 Transportation and Housing and Urban Development Appropriations Act to develop infrastructure for a 20-acre parcel of the Treasure Coast Education, Research and Development Park. 2. $4,000,000 from the Construction General Account of the Energy and Water Development Appropriations bill to re-nourish Fort Pierce Beach. 3. $6,000,000 from the Formula and Bus Grants account of the FY 2009 Transportation and Housing and Urban Development Appropriations Act to purchase seven new buses as well as help construct a new intermodal facility where the County's bus fleet can be parked and maintained. 4. $500,000 from the General Investigations Corps of the Engineers Account of the Energy and Water Development Appropriations Bill for FY 2009 to continue the beach re-nourishment feasibility study. Staff recommends the Board prioritize the above four projects for federal funding and authorize the County Administrator to submit the prioritization of projects to the legislative delegation. .. Regular Agenda January 15, 2008 Page Two 7. COUNTY ATTORNEY South Causeway Park - Amendment to Amended and Restated Recreational Facilities Exchange - Consider staff recommendation to approve the Amendment to the Amended and Restated Interlocal Agreement and authorize the Chairman to sign the Agreement. , _llMjIfJlImli iliimlliíìì.ìI'lììíIIllV_jm¡IÎlîÍlìïíîMìï¡ _iliiìlnlí"îlÎíì~~I_D__lÏIIïil'..~ CONSENT AGENDA iW~illìliØuWllI"ÎìiIIllíi_.~~lîIIII. . 1. WARRANTS Approve warrant list No. 15 2. PARKS AND RECREATION Tradition Field FY07/08 Capital Improvements - Consider staff approval to allow SFS to proceed with the projects at a cost not to exceed $257K. Funds will be made available from loan proceeds. No expenses will be incurred until loan is secured. 3. INVESTMENT FOR THE FUTURE Parks and Recreation - Wastewater Treatment Plant Capacity Increase Project - Fairgrounds - EOC Emergency Bid Waiver - Approve Contract Increase with Ditchdiggers, Inc. - Budget Resolution No. 08- 043 - Budget Amendment No. SA 08-008 - Consider staff recommendation to sustain its original approval to declare an emergency bid waiver for the Fairgrounds Wastewater Treatment Plant based on time constraints and approve additional funding for the project in the amount of $673,687.12 increasing the total construction budget to $1,073,687.12. Approve the contract with Ditchdiggers, Inc., for an amount not to exceed $1,073,687.12 as drafted by the County Attorney and authorize the Chairman to sign. Approve Budget Resolution No. 08-043 and Budget Amendment No. BA 08-008. 4. PUBLIC WORKS A. Request Board approval of Locally Funded Agreement (LFA) with Florida Department of Transportation (FDOT) in the amount of $1,475,000.00 for funding of the Kings Highway PD&E Study and Resolution #08-047 - Consider staff recommendation to approve the Locally Funded Agreement (LFA) with Florida Department of Transportation (FDOT) in the amount of $1,475,000.00 for funding of the Kings Highway PD&E Study and Resolution #08-047 and authorize the Chairman to sign. B. Request approval of First Amendment to Work Authorization No. 1 (C06-08-758, Engineering Services for Roadway and Intersection Design) for an extension of time to March 31, 2008 with Kimley-Horn and Associates, Inc., for design and permitting of a southbound left turn lane into the Oxbow Eco-Center located on St. James Drive. No funds are associated with this request - Consider staff recommendation to approve the First Amendment to Work Authorization No. 1 (C06-08-758, Engineering Services for Roadway and Intersection Design) for an extension of time to March 31, 2008 with Kimley-Horn and Associates, Inc., for design and permitting of a southbound left turn lane into the Oxbow Eco-Center located on St. James Drive. C. Request approval of Second Amendment to Work Authorization No.2 to Contract C03-12-760 (Professional Engineering Services Contract Bridge Evaluation and Design) for an extension of time to March 31, 2008 with Jenkins and Charland, Inc., for repair of bridges related to Hurricane Wilma. No funds are associated with this amendment. Construction to commence Spring 2008 - Consider staff recommendation to approve and authorize the Chairman to sign the Second Amendment to Work Authorization No.2 to Contract C03-12-760 for an extension of time to March 31, 2008, with Jenkins and Charland, Inc., for repair plans of five (5) bridges affected by Hurricane Wilma. D. Work Authorization No.1 (C07-07-383) to the contract with Miller Legg for the design of Glades Cut-off Road and Selvitz Road Intersection in the amount of $253,222.59 - Consider staff recommendation to approve Work Authorization No.1 (C07-07-383) to the contract with Miller Legg for the design of Glades Cut-off Road and Selvitz Road Intersection in the amount of $253,222.59, and authorize the Chairman to sign. r Consent Agenda January 15, 2008 Page Two 5. COMMUNITY SERVICES Permission to accept grant agreement between the Florida Department of Financial Services and St. Lucie County in the amount of $1,000,000 for the My Safe Florida Home Program - Consider staff recommendation to accept the grant and approve the agreement between the Florida Department of Financial Services and St. Lucie County in the amount of $1,000,000 for the My Safe Florida Home Program and authorize the Chairman to sign all necessary documents. 6. PURCHASING A. Approval of the first amendment to Contract No. (7-11-600 with Florida Highway Products, Inc. _ Consider staff recommendation to approve the first amendment to Contract No. (7-11-600 with Florida Highway Products, Inc. and authorize the Chairman to sign the amendment as prepared by the County Attorney. B. Board approval to award Invitation to Bid #07-106 Purchase and Installation of Hurricane Shutters for Various County Buildings to the following lowest responsive, responsible bidders: E-Z Lock Shutter's Corp. Gulfstream Aluminum & Shutters Company Hurst Awning Company, Inc. Staff recommends Board approval to award Invitation to Bid #7-106 Purchase and Installation of Hurricane Shutters for Various County Buildings to the following firms: l.E-Z Lock Shutter's Corp for the following buildings; Airport Custom $59,800.00. Lincoln Park CC - $ 1,975.00 Oxbow Environmental $38,300.00 2. Gulfstream Aluminum & Shutters Corp.for Helping Hands - $8,634.00 Data House $6,721.00, 3. Hurst Awning Company, Inc. Mosquito Control - $6,248.00, 4.Permission to go to the next low bidders if the lowest bidders do not execute contracts, and authorize the Chairman to sign the contract as prepared by the County Attorney. C. Board approval to award Request For Proposals (RFP) #07-110 Purchase of Uniforms and Related Items to Day Dreams Uniforms Inc., on a unit price basis - Consider staff recommendation to approve to award RFP #07-110, Purchase of Uniforms and Related Items to Day Dreams Uniforms Inc., on a unit price basis, and authorize the Chairman to sign the contract as prepared by the County Attorney. ~1Blíîliî'lIItItlÎ_Î.¡I~IIî_Î....I~.~.__1 ANNOUNCEMENTS January 15, 2008 .. ",idk__""_" 'H_··~_'_·'I·'_··~.~_·"'_,·,··¡·_· .... ...~.,.... "'¡-'.' .,~.-..¡ ..-. ''', .'. lìmíï'ímîIÌllliIllllllÚm.m-m..,n'lm . _0111' . ·,t ' ·1IÌIIIIIIIÚ..ÌlÙlmÍÏøÎlÍÍlmÛI_IIIIIIIIIIÌuÌnI_~1IIIItIIII 1. The Board of County Commissioner will hold the January Informal Monthly Meeting on Tuesday, January 22, 2008 at 1:30 p.m. in Conference Room #3. 2. The Board of County Commissioners Evaluation and Appraisal Report Major Issues Workshop will be on Friday, January 25,2008 at 1:30 p.m. in the County Commission Chambers. 3. The Tuesday, February 5, 2008 Board of County Commissioners Meeting has been canceled due to the Board of County Commission Trip to Washington. 4. The Board of County Commissioner will hold the February Informal Monthly Meeting on Tuesday, February 26, 2008 at 1:30 p.m. in Conference Room #3. 5. The Board of County Commissioner will hold the Strategic Planning Session on Wednesday, March 12, 2008 from 8:00 a.m. to 5:00 p.m. and on Thursday, March 13, 2008 from 8:00 a.m. to Noon at Tradition Town Hall. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. lßil¡_i.ÌliI~_¡[f"·"l__í¡'i1L.. ····lffi"lIilÎllJ/llEI'MlJiVilií· .. ~aì==lIil.íl.1fr"Lld,=w··r··n·iil' ¡ January 15, 2008 6:00 P.M. BOARD OF COUNTY COMMISSIONERS ADDmONS AGENDA iÎÎiÎlìWtrillilllU"k' ....~" 'J·"lílß..¡ .~~i~_' "''M,'ItiAD' v,~"'·"="~"dÍíÌi..fr'''' RAl. COUNTY ATTORNEY Ordinance No. 08-010 -1V=CO prehensive Plan Amendments; Stipulated Settlement Agreement (Brown Petitione - Consid taff recommendation to grant permission to advertise a public hearing on Februa , 2008 at :00 a.m. or as soon thereafter as the item may be heard to consider a StipUlated Settlement Agreement dated January 5, 2008. /t ~ REGULAR AGENDA CONSENT AGENDA CA1. PUBLIC WORKS Third Amendment to the December 20, 2005 Agreement with Inwood Consulting Engineers in the amount of $317,426.00 for the westward extension of the Walton Road improvement project, from Village Green Drive to US 1 - Consider staff recommendation to approve the Third Amendment to the December 20, 2005 Agreement with Inwood Consulting Engineers in the amount of $317,426.00 for the westward extension of the Walton Road improvement project, from Village Green Drive to US 1, and authorize the Chairman to sign. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services 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: January 8, 2008 Convened: 9:00 a.m. Adjourned: 10:20 a.m. Commissioners Present: Chairman, Joseph Smith, Paula A. Lewis, Chris Craft, Doug Coward, Charles Grande Others Present: Doug Anderson, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Michael Brillhart, Economic & Strategic Development Director, Don West, Public Works Director, Lauri Case, Utilities Director, Beth Ryder, Community Services Director, Jack Southard, Public Safety Director, Marie Gouin, Management and Budget Director, Neil Appel, Purchasing Director, Mike Pawley, County Engineer, Roger Shinn, Central Services Director, Diana Lewis, Airport Director, Mark Satterlee, Growth Management Director, Richard Bouchard, Erosion Manager, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Lewis, seconded by Com. Grande, to approve the minutes of the meeting held December 18,2007, and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 08-026- Proclaiming January 26, 2008 as " The Agricultural and Labor Program, Inc., 40th Anniversary Day in St. Lucie County, Florida. It was moved by Com. Craft, seconded by Com. Lewis to approve Resolution No. 08- 026, and; upon roll call, motion carried unanimously. B. Mr. Carlos Gonzalez made a presentation on the F AUISt. Lucie County School Board Laboratory School. 3. GENERAL PUBLIC COMMENTS Mr. Wells, Toys for Tots Coordinator, addressed the Board and thanked the Community Services Director and staff for their support this year. Mr. Bill Blazak, Culpepper & Terpening addressed item # 6 on the agenda and requested conditions 11 and 12 be deleted and requested the Board approved the Right of Way permit . He believes they can get to the east side of the road will present a design for the east side of the road. The conditions would belabor the process. The County Administrator stated this is exactly what the county is requiring and recommended pulling this item and re-agenda it for next week in order to have the changes and a new drawing completed. The County Attorney stated if the proposal is for going down the east side of Rangeline Road with a surface line under the road this is what the Board is requesting this would be acceptable to the county as per Com. Craft's letters. The County Attorney advised the Board staff was comfortable with approving the permit based on those conditions and they can work out the details. The County Administrator questioned the size of the line. 1 Mr. Blazak stated he believed it would be a 16" line on the east side and then would up- size across the road. Com. Craft stated he would like to base it on the new condition. It was the consensus of the Board to discuss this further when the item is presented on the agenda. Ms Pamela Hammer, Reserve resident, addressed the Board and stated she gets nervous when things come up at the last minute and the Board has not had a chance to review the requested changes. Ms. Arlene Goodman, area resident addressed item C-15B and requested the Board reconsider this issue. The Board is not sure what loss the county will feel if at all after the 29th referendum. Com. Smith advised Ms. Goodman the positions being eliminated are fee based and were funded by fees and not by ad valorem taxes. The positions were created due to the influx of permits when the building boom was in existence in the County. 4. CONSENT AGENDA It was moved by Com. Lewis, seconded by Com. Craft, to approve the Consent Agenda, with items C9 and C12-C being pulled and; upon roll call, motion carried unanimously. 1. WARRANTS LIST The Board approved Warrant List Nos. 12,13 and 14. 2. COUNTY ATTORNEY A. Revocable License Agreement- Sun Grove Montessori School, Inc., Parcel I.D. 3403-502-0294-000/4- The Board approved the Revocable License Agreement and authorized the Chairman to sign the Revocable License Agreement and directed Sun Grove Montessori School to record the document in the Public Records of St. Lucie County, Florida. B. Resolution No. 08-027 The Board approved urging Congress to Amend Necessary Federal Financial Participation for Medical Benefits to incarcerated individuals- The Board adopted Resolution No. 08-027 as drafted. C. Permission to Advertise Ordinance No. 08-001-Amending Art In Public Places Ordinance for Airport Projects - The Board granted permission to advertise the Public Hearing for Ordinance No. 08-001 for January 22, 2008 at 9:00 a.m. or as soon thereafter as it may be heard. D. Resolution No. 08-040- Amending Terms of Treasure Coast Education, Research and Development Authority Members- The Board approved proposed Resolution No. 08-040 as drafted. E. Phoenix Metal Products, Inc.- Third Amendment to January 13, 1998 Lease Agreement- The Board approved the proposed Third Amendment to the January 13, 1998 Lease Agreement with Phoenix Metal products, Inc.. and authorized the Chairman to sign the document. 3. GROWTH MANAGEMENT A. Approval First Amendment to Contract C07-07-490 with Fla. Atlantic University to extend the term of the contract until 9/30/08- The Board approved executing the First Amendment to contract C07-07-490 with Fla. Atlantic University. 2 B. Ordinance No. 08-003- amending Section 3.01.03.A of the St. Lucie County Land Development Regulations- The Board approved advertising Ordinance No. 08-003. 4. PARKS AND RECREATION A. Equipment Request 08-295/Gator Utility Cart/Savannas Recreation Area- The Board approved Equipment Request No. 08-295 for the purchase of an additional Gator utility cart for the Savannas Recreation Area. B. Fairgrounds Wastewater Treatment Plant Expansion/Donation Agreement- Fairgrounds approve Budget Resolution No. 08-029- The Board approved Budget Resolution No. 08-029 accepting the St. Lucie County Fair Association's $50,000 donation for its proportionate share of the Fairgrounds Wastewater Treatment Expansion Project. C. Tradition Field proposed pricing for ticket, parking, programs and concessions for the 2008 baseball season- The Board approved Sterling Facility Services, LLC's proposed 2008 pricing for the following areas of operation: ticket, parking programs and concessions at Tradition Field. D. Donation to St. Lucie County Parks and Recreation Department and approval of Budget Resolution No, 08-025- The Board approved Budget Resolution No. 08-025 and accepted the donation in the amount of$1,500 from the St. Lucie County Pilot Baseball program to be used towards maintenance at Elks Park. 5. ADMINISTRATION Extension of Contract with Marlowe and Company for Federal Lobbyist Services- The Board approved entering into an agreement as drafted by the County Attorney with Marlowe and Company for the period of January 1,2008 to December 31,2008 in the amount of $27,000 for Federal Lobbyist Services other than beach renourishment. 6. SHERIFF'S OFFICE Draw Request- January 2008- The Board approved the Sheriff's double draw request for January 1,2008 in the amount of$10,605,678.84 (1 st draw $ 5,302,839.42) (2nd draw $5,302,839.42). 7. ECONOMIC & STRATEGIC DEVELOPMENT FY 07/08 Grant Contract for Bid Fees and Sponsorships in the amount of $40,000 with the Treasure Coast Sports Commission- Contract funding will be used to reimburse the TCSC for expenses associated with bid fees and sponsorships for sports events administered by the Sports Commission on the Treasure Coast - The Board approved the FY 07/08 Grant Contract for Bid Fees and Sponsorships in the amount of $40,000 with the Treasure Coast Sports Commission. 8. PUBLIC SAFETY Updated Comprehensive Emergency Management Plan and Resolution No. 08-023- The Board approved the updated Comprehensive Emergency Management Plan along with Resolution No. 08-023 and authorized the Chairman to sign. 9. AGRICULTURE Resolution No. 07-236- This item was pulled. 3 10. MANAGEMENT AND BUDGET Property Appraiser Budget Amendment No. 1- The Board approved Budget Amendment No.1 in the amount of$131,449 and amending the Property Appraiser's FY 08 Budget accordingly. 11. CUL TURAL AFFAIRS Approve the Interlocal Agreement as prepared by the County Attorney's office with the City ofFt. Pierce for the 2nd Biannual St. Lucie County sculpture show- The Board approve the interlocal agreement as prepared by the County Attorney's office for the 2nd biannual St. Lucie County WOW 2 sculpture exhibition. 12. PUBLIC WORKS A. Diamond Sands Subdivision - Partial release of surety (85%0 in the amount of$I,257,115.15 - The Board approved the partial release of surety for Diamond Sands Subdivision and authorized the Chairman to sign. B. Quitclaim Deed with FDOT for conveyance and perpetual maintenance of retention ponds along US 1 (Rio Mar Drive to Midway Road)- The Board approved the Quitclaim Deed with FDOT as approved to form by the County Attorney and authorized the Chairman to sign. C. Third Amendment to the December 20, 2005 Agreement with Inwood Consulting Engineers in the amount of $317,426.00 for the westward of the Walton Road improvement project, from Village Green Drive to US 1 - This item was pulled. D. SR 615 S. 25th Roadway Widening(Midway Road -Edwards Road) The Board approved awarding the demolition of3621 S. 25th Street to Sunrise Systems of Brevard, Inc., in the amount of $6,025.00 and authorized the Chairman to sign. 13. CENTRAL SERVICES A. Approve Budget Resolution No. 08-024- South Florida Water Management District Grant for St. Lucie County Jail- The Board approved Budget Resolution Number 08-024 in the amount of $25,000 from South Florida Water Management District Water Savings Incentive Program for the retrofit of indoor plumbing in the St. Lucie County Jail. B. Schenkel Shultz Architecture- Special Needs Shelter/Auditorium- Amendment No.3 to # CO 6-03-213- The Board approved Amendment No.3 to CO 6-03-213 with Schenkel Shultz Architecture for the design of the Special Needs Shelter IAuditorium to increase the contract sum $9,000 changing the total contract sum to $666,872.00. The Board also authorized the Chairman to sign the Amendment as prepared by the County Attorney. C. FPL Water Conservation Project-Final Acceptance Certificate- The Board approved final disbursement for the Water Conservation Project at Rock Road Jail in the amount of$I,389,373 and authorized the Chairman to sign the Payment Request and Acceptance Certificate No.1 submitted by the Escrow Agent, UMB Bank. 14. PURCHASING A. Award ofInvitation to Bid # 08-002- Temporary Clerical Services to Kelly Services based upon the included unit price schedule- The Board approvedU 4 awarding Invitation to Bid # 08-002 to Kelly Services and authorized the Chairman to sign the contract as prepared by the County Attorney. B. Award ofInvitation to Bid # 08-003 Replacement of the Port S1. Lucie Library Roof to the lowest responsive, responsible bidder, J.A. Taylor Roofing for $34,956.00- The Board approved awarding Invitation to Bid # 08-003 to J.A. Taylor Roofing for $34,956.00 and authorized the Chairman to sign the contract as prepared by the County Attorney. C. Board approval to reject the sole response to RFP # 07-112, Dock Lease Agreement for the North Dock on South Causeway Island- The Board approved rejecting the sole response to RFP # 07-112, Dock Lease Agreement for the North Dock on South Causeway Island from Andrew Keblinsky. D. Board approval to advertise an Invitation to Bid for the sale of waste lead acid, cadmium, nickel, hydride batteries, and related items to the highest bidder- The Board approved advertising the Invitation to Bid. E. Approval of Amended Schedule "A" for Contract C03-02-208 with Municipal Software Corporation- The Board approved the amended Schedule "A" to Contract C03-02-208 with Municipal Software Corporation for annual licenses renewal in the amount of$33,898.50 and authorized the Chairman to sign the amended schedule as prepared by the County Attorney. F. Third Amendment to Contract C06-07-407 with Hulett Environmental Services for Pest Control Services- The Board approved the third amendment to contract C06-07-407 with Hulett Environmental Services, adding the new Clerk of Courts building to the existing pest control contract and authorize the Chairman to sign the Amendment as prepared by the County Attorney. G. Second Amendment to Contract C05-08-485 with Genset Services, Inc. for generator preventative maintenance, service, inspections, and load bank testing- The Board approved the Second Amendment to Contract C05-08-485 with Genset Services which adds one additional generator located at Road and Bridge to the contract and authorized the Chairman to sign the Amendment as prepared by the County Attorney. 15. HUMAN RESOURCES A. Request for Board approval ofa $7,500 increase in annual salary for Criminal Justice Attorney, Employee ID B1426- The Board approved Resolution No. 08-041 for the increase requested from the Office of the Public Defender. B. Request for Board to reduce staff in Code Compliance- The Board approved the reduction of eight positions in the Code Compliance Division. 16. ERD/OXBOW ECO-CENTER Budget Amendment (BA08-006) and Recommendation by Sustainability Advisory Ad Hoc Committee to St. Lucie County BOCC to submit an application to the Florida Green Building Coalition to become a Green Certified Local Government- The Board approved budget amendment BA 08-006 and submit a pre-application to initiate the process for Green Local Government Certification. 17. INVESTMENT FOR THE FUTIJRE Rock Road Jail Reallocate Central Services Reserve Funds (IFF Funds) in the amount of $32,510 for the purchase and installation of a new grinder head for the existing muffin monster- The Board approved the reallocation of Central Services Reserve Funds (IFF) 5 in the a mount of $32,510 for the purchase $(29,010 ) and installation ($3,500) of a new grinder head for the muffin monster located at Rock Road Jail. 18. UTILITIES A. Staff requests approval of Change Order # 2 with Danella Companies, Inc., for construction services related to the 16" Force Main to Lift Station "A" project in the amount of $322,798.56 and for an extension of 64 days to the contract- The Board approved Change Order # 2 with Danella Companies for construction services related to the 16" Force Main to Lift Station "A" project. B. Staff request approval of the First Amended and Restated Interlocal Agreement creating the Treasure Coast Regional Utilities Organization- The Board approved the First Amended and Restated Interlocal Agreement creating the Treasure Coast Regional Utilities Organization. 19. COMMUNITY SERVICES Approval of Subgrant Agreement with Council on Aging of St. Lucie, Inc., in an amount not to exceed $82,634.00 for the purchase of a less than 30 foot bus, utilizing funds from the Florida Commission for the Transportation Disadvantaged and Budget Resolution No. 08-045 to encumber and expend the funds - The Board approved the Subgrant Agreement with the Council on Aging of St. Lucie, Inc., and expenditure of $8,263 from Public Transit MSTU and Budget Resolution No. 08-045 to encumber and expend the funds and authorized the Chairman to sign all necessary documents. 20. INFORMATION TECHNOLOGY Request to approve Budget Resolution No. 08-042 for Florida Department of Community Affairs, Division of Housing and Community Development's grant for Florida Local Update of Census Addresses LUCA for 2008 in the amount of $8,490.- The Board approved Budget Resolution No. 08-042 to establish the 2008 budget for he Florida Department of Community Affairs, Division of Housing and Community Development's grant for LUCA in the amount of $8,490. REGULAR AGENDA 5.A COUNTY ATTORNEY Public Hearing to consider the closing of a portion of Taylor Dairy Road- Resolution No. 08-044, - Consider staff recommendation to approve Resolution No. 08-044, instruct staff to publish the final Notice and record Resolution No. 08-044, the Proof of Publication of the Notice of Public Hearing and final Notice in the Public Records of 8t. Lucie County, Florida. Mr. Lee Bennett, 4455 Taylor Dairy Road resident and owners of area parcel, advised the Board they had just returned from vacation and had not had the opportunity to review what affect this closing would have on their property. He requested this item be delayed so that he could have time to review the issue. It was moved by Com. Lewis, seconded by Com. Coward, to continue this item on January 22, 2008 at 9:00 a.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. END OF PUBLIC HEARINGS 6. COUNTY ATTORNEY (0:38:53) Right of Way Permit- Rangeline Road; City of Port 8t. Lucie- Consider staff recommendation to approve the Right of Way Permit as drafted, on condition that the City consent and sign the permit with the conditions attached. 6 This item was discussed under public comment. The discussion was continued under this item on the agenda. The County Administrator addressed the Board and stated he had a conversation with the Utilities Director and Mr. Blazak. One of the conditions they had was the line on the west side of Rangeline Road only serve Allied. Mr. Blazak requested this condition be removed. The County Administrator stated the County needed some assurance that the waterline extension to the east and under Rangeline Road would ONL Y serve Allied. Mr. Blazak stated they felt they did not have a need for such a condition. They have agreed to what the county wanted to do. It is the County's service area and they only want to service Allied. Com. Lewis stated because it was the County's service area she felt the condition needs to be there. This was the original plan and request from the city and they need to get this moving however, the County needs to retain the right to service and extend the waterline. The County Attorney recommended deleting conditions II and 12 and adding the language stating, "The intent of this permit is to allow the city to service Allied and no other property without the County's consent". Com. Coward stated the scenario can still come into play. He wants to make sure the County has the ability to provide service in their service area. The Utilities Director stated while that is our service area it is another utility line they have to cross and concurs that it should still be in there incase they do have to cross. Com. Lewis alluded to a memo dated December 19,2007 and stated the line beginning with " The City agrees that, except for utility service to Allied Chemical, it will not provide utility service to any other customer or properties west of Range Line Road utilizing the City Allied Service Facilities without the County's consent. The City agrees that the County retains the right and reserves the right to construct water mains, wastewater mains or reuse water mains which cross or parallel the City Allied Service Facilities to provide utility service to any customers and properties within the County Utility District's utility service territory, other than to Allied Chemical Facility " does take care of this concern. The Chairman addressed why this was such an important issue to the County. Mr. Blazak stated they were at the crossing at this point. They are trying to accommodate everyone. His client has spent a lot of money at this point and they are trying to move this forward. Com. Craft stated he would be inclined to support this if the comments made earlier on conditions 11 and 12 and what Commissioner Lewis stated were included. It was moved by Com. Grande to approve the Right of Way permit for Rangeline Road with the deletion of conditions 11 and 12 and the addition of the condition based on the memo of December 19, 2007 as stated, seconded by Com. Lewis; The Chairman asked if this met the needs required. The Utility Director stated they would. Com. Coward asked if there was any hesitation from any member of County Staff at this time. The County Attorney stated there was no hesitation from the staff however he was not sure if the City would support this. They could move forward and see what happens. 7 Mr. Blazak stated he was representing his client not the city and he is not sure they can place the a condition on the permit that the city agrees. The County Administrator stated he spoke with Mr. Terpening and was advised the city stated the conditions were acceptable. The County Engineer addressed the Board and stated he had concern with the possible expansion of the 16" main line however across or beyond private property lines he is not sure he can control that adjacent property owners can share a utility. This is a substantial mam. The County Administrator stated he was not sure they could do that without county approval. Com. Coward stated they needed to work out some details and now they have at least one staff member who has concerns. He will not be supporting this item and asked this issue be delayed one week The County Attorney recommended this was not the right forum to negotiate conditions and recommended waiting a week At this time Com. Grande rescinded his motion as did the second. It was moved by Com. Coward, seconded by Com. Grande, to workout the details discussed this morning and come back on January 15,2008 at 6:00 p.m. or as soon thereafter as possible, (Com. Smith requested all necessary parties be present to workout the details); and, upon roll call, motion carried unanimously. 7. COUNTY ATTORNEY Ordinance No. 08-006- Credits for Right of Way Dedication - Staff recommends the Board determine whether to grant permission to advertise Ordinance No. 08-006. Com. Coward recommended providing information from other jurisdictions and how they handle the excessive rise of property valuations. Com. Grande recommended adding the method of appraisal by the time it comes back. It was moved by Com. Lewis, seconded by Com. Coward, to approve advertising Ordinance No, 08-006, and; upon roll call, motion carried unanimously. 8. GROWTH MANAGEMENT Petition of St. Lucie County Emergency management Operation Center, for a Major Site Plan approval for the project to be known as St. Lucie County Emergency Operation Center for property consisting of 16.30 acres ofland located on the south side of Midway Road at the intersection of West Midway Road and Okeechobee Road in the I Zoning District- Consider staff recommendation to adopt Resolution No. 08-010 approving the application ofSt. Lucie County Emergency Operation Center for a Major Site Plan approval for the project known as St. Lucie County Emergency Operation in the I Zoning District. It was moved by Com. Coward, seconded by Com. Craft, to approve staff recommendation, and; upon roll call, motion carried unanimously. 9. CENTRAL SERVICES Dooleymack Constructors of South FL, LLC/# c07-04-195 Havert L. Fenn Center- Special Needs Shelter/Auditorium Change Order No. 2- Consider staff recommendation to approve Change Order No.2 to C07-04-195, Dooleymack Constructors, Special Needs Shelter/Auditorium, to increase the contract sum by $46,941.68; the new contract sum 8 will be $12,932,454.36 and authorize the Chairman to sign the Change Order as prepared by the County Attorney. It was moved by Com. Craft, seconded by Com. Coward, to approve staff recommendation, and; upon roll call, motion carried unanimously. Com. Grande recommended a review of the southwest corner of the property with regard to item 8. Com. Coward recommended this issue be added to an informal meeting for discussion. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 9 "'t. .' AGENDA REQUEST ITEM NO. ;:;A DATE: January 15,2007 REGULAR [] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Ordinance No. 08-007 (flk/a 07-056) Economic Development Impact Fee Mitigation Program BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 08- 007 and authorize the Chairman to sign the Ordinance. COMMISSION ACTION: ENCE: ~,APPROVED [ ] DENIED [ ] OTHER: Do 91as Anderson County Administrator Approved 5-0 i~, ¡ ./d' County Attorney: t./ Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff.5/96 , ~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 08-008 DATE: January 3, 2008 SUBJECT: Ordinance No. 08-007 (flk/a 07 -056) - Economic Development Impact Fee Mitigation Program ************************************************************************************* BACKGROUND: Attached to this memorandum isa copy of proposed Ordinance No. 08-007 (f Ik/a 07-056). The ordinance, if adopted, would implement an economic development impact fee mitigation program for "Qualified Target Industry Businesses" that have a positive economic and fiscal impact on the County and meet the requirements of Section 288.106, Florida Statutes, a copy of which is attached. On November 15, 2007, the LPA voted 6-2 to recommend the Board of County Commissioners adopt the proposed ordinance. A copy of the draft minutes from that meeting is also attached. On December 18,2007. the Board held an initial public hearing on the draft ordinance. At the December 18 hearing, the Board requested that staff clarify subparagraph (f) and subparagraph (h). Staff also added subparagraph (d)(3) to provide that the applicant must agree to enter into an agreement that contains a commitment to locate or expand its business within the County for a period of five (5) years and provide documentation demonstrating compliance with its job creation and salary level commitments. . RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 08-007 and authorize the Chairman to sign the Ordinance. DSM/caf Attachments ORDINANCE NO. 08-007 AN ORDINANCE CREATING CHAPTER 1-7.5 "ECONOMIC DEVELOPMENT" OF THE CODE OF ORDINANCES; FURTHER CREATING SECTION 1-7.5-1 "ECONOMIC DEVELOPMENT IMPACT FEE MITIGATION PROGRAM"; PROVIDING FOR SEVERA BIUTY , ALTERNATE METHOD, EFFECTIVE DATE AND FlUNG WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. There is a need to establish an economic development impact fee mitigation program in the County because the imposition of the impact fees herein may place the County in a non-competitive position with other communities that have chosen not to require growth to pay its fair share of needed capital facilities, thus hindering efforts by the County and the community to encourage economic development opportunities within the County and to create permanent employment expansion opportunities for the County's citizens. 2. Section 125.045, Florida Statutes, provides the County with the power to enhance and expand economic activity in the County includin~ the authority to expend and use public funds toward achievement of the County's economic development goals. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. CHAPTER 1-7.5 "ECONOMIC DEVELOPMENT" IS HEREBY CREATED IN THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY" BY CREATING PART A "ECONOMIC DEVELOPMENT IMPACT FEE MITIGATION PROGRAM" AS FOLLOWS: Sec. 1-7.5-1. Economic Development Impact Fee Mitigation Program W For the purpose of this section the term "Qualified Target Industry Business" shall mean a new or expanding business in the County that has a positive economic and fiscal impact on the County and meets the requirements of Section 288.106. Florida Statutes. or its statutory successor in function. as a Qualified Target Industry Business. For the purpose of this section. the term "Applicant" shall include any person. company. research institute or business park developer that will ¡'òuse Qualified Target Industry Businesses. Stp~ell tkPð~gl. passaged are deleted. 1 Underlined passages are added. {Q) Because the imposition of the Impact Fees herein may place St. Lucie County in a non- competitive position with other localç¡overnments that have chosen not to require growth to pay its fair share of needed capital facilities, thus hindering efforts by the Countv and the community to encourage economic development opportunities within the County and to create permanent employment expansion opportunities for the County's citizens there is hereby created an Economic Development Impact Fee Mitigation Program for certain Qualified Target Industry Businesses to mitigate any real or perceived disadvantage occurring from the imposition of the Impact Fees, fç} This program is not intended as an entitlement program. The program is intended to provide the Board of County Commissioners the opportunity in its sole discretion, to grant impact fee mitigation to Qualified Target Industrv Businesses. fQ} To be eligible for an Economic Development Impact Fee waiver. an Applicant must meet the following requirements: ill Qualify as a Qualified Target Industry Business and create a minimum of ten (10) new jobs or a 10'10 increase in existing employment (whichever is greater) with an average private sector wage (excluding benefits) of at least 107'10 of St, Lucie County's average private sector wage ( excluding the top two executive salaries) and provide a benefit package that includes health insurance and remain in the County for a minimum of ten (to) vears; or ill Qualify as a Qualified Target Industry Business and create a minimum of ten (to) new job s or a 10'10 increase in existing employment (whichever is greater) with an average private sector wage (excluding benefits) of 100'10 of St. Lucie County's average private sector wage (excluding the top two executive salaries) and make a capital investment in the County of $10 million or greater in construction. renovations. equipment purchases, or other maior capital investment items and remain in the County for a minimum of ten (10) years. m Enter into an agreement with the County wherein the Applicant agrees to locate or expand its business operations to/within St. Lucie County for a period of at least five (5) vears. The Agreement will also require the Applicant to provide the County with the Applicant's Quarterly Report (UCT-6) and all other documentation to demonstrate that the job creation and salary level commitments were achieved. W Any Applicant seeking an Economic Development Impact Fee waiver shall file an application for waiver with the County Administrator prior to the issuance of the Building Permit for the sub iect Capital Faci I¡ties Impact Construction. The application shall contain: ill a designation of the Capital Facilities Impact Construction for which the application is being submitted, including a current and complete legal description of the property upon which the Qualified Target Industrv Business is proposed to be located; ill the name and address of the owner of the property upon which the Qualified Target Industry Business is proposed to be located; Str~el( thre~gh passaged are deleted. 2 Underlined passages are added. ill Industry Business; proof that the Capital Faci lities Impact Construction wi II be a Qualified Target fÐ a notarized affidavit and all necessary supporting evidence affirming that the requirements of subsection (d)(1) or subsection (d)(Z) above will be met within one (1) year of the date the Certificate of Occupancy is issued which term may be extended by the Board of County Commissioners upon good cause shown; and @ other necessary information as determined by the County Administrator. ill Any Applicant who submits an application for Economic Development Impact Fee Miti9ation pursuant to this Section and desires the immediate issuance of a Buildin9 Permit prior to approval of the application shall pay the Impact Fees imposed herein. Should the Board of County Commissioners approve and accept the miti9ation application. the mitigation amount shall be refunded to the Applicant or Owner. Í9.Ì If the Applicant meets the requirements provided above for mitigation, the Applicant shall be eli9ible for the following: ill If the Applicant qualifies under subsection (d)(1) aboye, it shall be eligible to receive an Economic Development Impact Fee Miti9ation in the following amounts; provided. however, that the Board may increase these waiver amounts in the event the Applicant exceeds these requirements: Number of Jobs Created '}'O of Average Private Sector Wage Waiver Amount Minimum of 10 Minimum of 10 Minimum of 10 107'}'0 plus benefits 150'}'. plus benefits ZOO'}'o plus benefits $3,500 per job created $5.000 per job created $7,500 per iob created ill If the Applicant qualifies under subsection (d)(2) above. it shall be eligible to receive an Economic Development Impact Fee Mitigation in the followin9 amounts; provided, however that the Board may increase these mitigation amounts in the event the Applicant exceeds these requirements: Number of Jobs Created Total Capital Investment Waiver Amount Minimum of 10 Minimum of 10 Minimum of 10 $10.000,000 to $14,999.999.99 $15,000.000 to $19,999,999.99 $20.000.000 or more 4070 of total County Impact Fees 50'}'. of total County Impact Fees 607. of total County Impact Fees ill Each Applicant shall only be eligible for mitigation under either subsection (C)(1) or subsection (C)(Z), but not both. Str~c1( tIo'reug~ passaged are deleted. 3 Underlined passages are added. ili1 If the County Administrator finds that the Applicant meets the requirements provided herein for mitigation. the County Administrator shall agenda an Impact Fee Mitigation Agreement before the Board of County Commissioners. which shall contain. but not be limited to. the St. Lucie County Impact Fee Mitigation Application for Qualified Target Industries and any other documents as requested by the Countv Administrator. Because this Program is not an entitlement program. the Board may re iect the request for mitigation for any reaSon. ill Any incentive approved pursuant to the Economic Development Impact Fee Mitigation Program shall be paid from other legally available funds (ather than impact fees), ill Any request for Economic Development Impact Fee Mitigation must be submitted to the County by the Applicant prior to the Applicant deciding whether or not they will expand or locate in St. Lucie County. PART B. SEVERABILITY . Provisions of this Ordinance are severable; and if any section, subsection, sentence or clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this ordinance shall not be affected thereby. PART C. ALTERNATIVE METHOD. This Ordinance shall be deemed to provide an additional and alternative method for the implementation of the purpose authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as derogation or diminishment of any powers now existing or which may hereafter come into existence. This ordinance, being necessary for the Public Health, Safety, and Welfare of the inhabitants of the County, shall be liberally construed to affect the purposes hereof. PARK D. EFFECTIVE DATE. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County within ten days after enactment by the Board, and this ordinance shall take effect on upon filing with the Department of State. PART E. FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, the Capitol, Tallahassee, Florida 32304. Str~eh t"r"~gh passaged are deleted. 4 Underlined passages are added. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Joseph E. Smith Vice Chairman Paula A. Lewis Commissioner Doug Coward Commissioner Chris Craft Commissioner Charles Grande xxx xxx xxx xxx xxx PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section," "article" or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to G shall not be codified. PASSED AND DULY ADOPTED this _ day of ,2008. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: By: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney Strud\ threu~h passaged are deleted. 5 Underlined passages are added. Statutes & Constitution :View Statutes :->2007->Ch0288->Section 106 : flsenate.gov Page 1 of 10 Select Year: 2007 . ~ The 2007 Florida Statutes Title XIX PUBLIC BUSINESS Chapter288 COMMERCIAL DEVELOPMENT AND CAPITAL IMPROVEMENTS View Entire Chapter 288.106 Tax refund program for qualified target industry businesses.-- (1) DEFINITIONS. --As used in this section: (a) "Account" means the Economic Development Incentives Account within the Economic Development Trust Fund established under s. 288.095. (b) "Average private sector wage in the area" means the statewide private sector average wage or the average of all private sector wages and salaries in the county or in the standard metropolitan area in which the business is located. (c) "Business" means an employing unit, as defined in s. 443.036, which is registered for unemployment compensation purposes with the state agency providing unemployment tax collection services under contract with the Agency for Workforce Innovation through an interagency agreement pursuant to s. 443.1316, or a subcategory or division of an employing unit which is accepted by the state agency providing unemployment tax collection services as a reporting unit. (d) "Corporate headquarters business" means an international, national, or regional headquarters office of a multinational or multistate business enterprise or national trade association, whether separate from or connected with other facilities used by such business. (e) "Office" means the Office of Tourism, Trade, and Economic Development. (f) "Enterprise zone" means an area designated as an enterprise zone pursuant to s. 290.0065. (g) "Expansion of an existing business" means the expansion of an existing Florida business by or through additions to real and personal property, resulting in a net increase in employment of not less than 10 percent at such business. (h) "Fiscal year" means the fiscal year of the state. (i) "Jobs" means full-time equivalent positions, as that term is consistent with terms used by the Agency for Workforce Innovation and the United States Department of Labor for purposes of unemployment compensation tax administration and employment estimation, resulting directly from a project in this state. The term does not include temporary construction jobs involved with the construction of facilities for the project or any jobs previously included in any application for tax refunds under s. 288.1 045 or this section. (j) "Local financial support" means funding from local sources, public or private, which is paid to the Economic Development Trust Fund and which is equal to 20 percent of the annual tax refund for a qualified target industry business. A qualified target industry business may not provide, directly or indirectly, more than 5 percent of such funding in any fiscal year. The sources of such funding may not include, directly or indirectly, state funds appropriated from the General Revenue Fund or any state trust fund, excluding tax revenues shared with local governments pursuant to law. http://www.i1senate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute&Scarch_Stri...l /3/2008 St~tutes & Constitution :View Statutes :->2007->Ch02S8->Section 106 : flsenate.gov Page 2 of 10 (k) "Local financial support exemption option" means the option to exercise an exemption from the local financial support requirement available to any applicant whose project is located in a brownfield area or a county with a population of 75,000 or fewer or a county with a population of 100,000 or fewer which is contiguous to a county with a population of 75,000 or fewer. Any applicant that exercises this option shall not be eligible for more than 80 percent of the total tax refunds allowed such applicant under this section. (I) "New business" means a business which heretofore did not exist in this s~ate, first beginning operations on a site located in this state and clearly separate from any other commercial or industrial operations owned by the same business. (m) "Project" means the creation of a new business or expansion of an existing business. (n) "Director" means the Director of the Office of Tourism, Trade, and Economic Development. (0) "Target industry business" means a corporate headquarters business or any business that is engaged in one of the target industries identified pursuant to the following criteria developed by the office in consultation with Enterprise Florida, Inc.: 1. Future growth. --Industry forecasts should indicate strong expectation for future growth in both employment and output, according to the most recent available data. Special consideration should be given to Florida's growing access to international markets or to replacing imports. 2. Stability.--The industry should not be subject to periodic layoffs, whether due to seasonality or sensitivity to volatile economic variables such as weather. The industry should also be relatively resistant to recession, so that the demand for products of this industry is not necessarily subject to decline during an economic downturn. 3. High wage.--The industry should pay relatively high wages compared to statewide or area averages. 4. Market and resource independent. -- The location of industry businesses should not be dependent on Florida markets or resources as indicated by industry analysis. Special consideration should be given to the development of strong industrial clusters which include defense and homeland security businesses. 5. Industrial base diversification and strengthening. -- The industry should contribute toward expanding or diversifying the state's or area's economic base, as indicated by analysis of employment and output shares compared to national and regional trends. Special consideration should be given to industries that strengthen regional economies by adding value to basic products or building regional industrial clusters as indicated by industry analysis. 6. Economic benefits. -- The industry should have strong positive impacts on or benefits to the state and regional economies. The office, in consultation with Enterprise Florida, Inc., shall develop a list of such target industries annually and submit such list as part of the final agency legislative budget request submitted pursuant to s. 21.6..c013(1). A target industry business may not include any industry engaged in retail activities; any electrical utility company; any phosphate or other solid minerals severance, mining, or processing operation; any oil or gas exploration or production operation; or any firm subject to regulation by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation. (p) "Taxable year" means taxable year as defined in 5.220.03(1 )(y). (q) "Qualified target industry business" means a target industry business that has been approved by http://\vww.flsenate.gov/Statutes/index.cfm?p=2&App _ mode=Display _ Statute&Search _ Stri... 1/3/2008 Statutes & Constitution :View Statutes :->2007->Ch0288->Section 106 : flsenate.gov Page 3 of 10 the director to be eligible for tax refunds pursuant to this section. (r) "Rural county" means a county with a population of 75,000 or fewer or a county with a population of 100,000 or fewer which is contiguous to a county with a population of 75,000 or fewer. (s) "Rural city" means a city with a population of 10,000 or less, or a city with a population of greater than 10,000 but less than 20,000 which has been determined by the Office of Tourism, Trade, and Economic Development to have economic characteristics such as, but not limited to, a significant percentage of residents on public assistance, a significant percentage of residents with income below the poverty level, or a significant percentage of the city's employment base in agriculture-related industries. (t) "Rural community" means: 1. A county with a population of 75,000 or less. 2. A county with a population of 100,000 or less that is contiguous to a county with a population of 75,000 or less. 3. A municipality within a county described in subparagraph 1. or subparagraph 2. For purposes of this paragraph, population shall be determined in accordance with the most recent official estimate pursuant to s. 186.901. (u) "Authorized local economic development agency" means any public or private entity, including those defined in s. 288.075, authorized by a county or municipality to promote the general business or industrial interests of that county or municipality. (2) TAX REFUND; ELIGIBLE AMOUNTS.-- (a) There shall be allowed, from the account, a refund to a qualified target industry business for the amount of eligible taxes certified by the director which were paid by such business. The total amount of refunds for all fiscal years for each qualified target industry business must be determined pursuant to subsection (3). The annual amount of a refund to a qualified target industry business must be determined pursuant to subsection (5). (b) Upon approval by the director, a qualified target industry business shall be allowed tax refund payments equal to $3,000 times the number of jobs specified in the tax refund agreement under subparagraph (4)(a)1., or equal to $6,000 times the number of jobs if the project is located in a rural county or an enterprise zone. Further, a qualified target industry business shall be allowed additional tax refund payments equal to $1,000 times the number of jobs specified in the tax refund agreement under subparagraph (4)(a)1., if such jobs pay an annual average wage of at least 150 percent of the average private sector wage in the area, or equal to $2,000 times the number of jobs if such jobs pay an annual average wage of at least 200 percent of the average private sectòr wage in the area. A qualified target industry business may not receive refund payments of more than 25 percent of the total tax refunds specified in the tax refund agreement under subparagraph (4)(a)1. in any fiscal year. Further, a qualified target industry business may not receive more than $1.5 million in refunds under this section in any single fiscal year, or more than $2.5 million in any single fiscal year if the project is located in an enterprise zone. A qualified target industry may not receive more than $5 million in refund payments under this section in all fiscal years, or more than $7.5 million if the project is located in an enterprise zone. Funds made available pursuant to this section may not be expended in connection with the relocation of a business from one community to another community in this state unless the Office of Tourism, Trade, and Economic Development determines that without such relocation the business will move outside this state or determines that the business has a compelling economic rationale for the relocation and that the relocation http://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Disp1ay_Statute&Search_Stri...1/3/2008 Stàtutes & Constitution :View Statutes :->2007->Ch0288->Section 106 : flsenate.gov Page 4 of 10 will create additional jobs. (c) After entering into a tax refund agreement under subsection (4), a qualified target industry business may: 1. Receive refunds from the account for the following taxes due and paid by that business beginning with the first taxable year of the business which begins after entering into the agreement: a. Corporate income taxes under chapter 220. b. Insurance premium tax under s. 624.509. 2. Receive refunds from the account for the following taxes due and paid by that business after entering into the agreement: a. Taxes on sales, use, and other transactions under chapter 212. b. Intangible personal property taxes under chapter 199. c. Emergency excise taxes under chapter 221. d. Excise taxes on documents under chapter 201 . e. Ad valorem taxes paid, as defined in s. 220.03(1). f. State communications services taxes administered under chapter 202. This provision does not apply to the gross receipts tax imposed under chapter 203 and administered under chapter 202 or the local communications services tax authorized under s. 2Q~ The addition of state communications services taxes administered under chapter 202 is remedial in nature and retroactive to October 1, 2001. The office may make supplemental tax refund payments to allow for tax refunds for communications services taxes paid by an eligible qualified target industry business after October 1, 2001. (d) However, a qualified target industry business may not receive a refund under this section for any amount of credit, refund, or exemption granted to that business for any of such taxes. If a refund for such taxes is provided by the office, which taxes are subsequently adjusted by the application of any credit, refund, or exemption granted to the qualified target industry business other than as provided in this section, the business shall reimburse the account for the amount of that credit, refund, or exemption. A qualified target industry business shall notify and tender payment to the office within 20 days after receiving any credit, refund, or exemption other than one provided in this section. (e) A qualified target industry business that fraudulently claims a refund under this section: 1. Is liable for repayment of the amount of the refund to the account, plus a mandatory penalty in the amount of 200 percent of the tax refund which shall be deposited into the General Revenue Fund. 2. Is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) APPLICATION AND APPROVAL PROCESS.-- http://WVIW.f1senate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute&Search_Stri...1/3/2008 Statutes & Constitution :View Statutes :->2007->Ch0288->Section 106 : flsenate.gov Page 5 of 10 (a) To apply for certification as a qualified target industry business under this section, the business must file an application with the office before the business has made the decision to locate a new business in this state or before the business had made the decision to expand an existing business in this state. The application shall include, but is not limited to, the following information: 1. The applicant's federal employer identification number and the applicant's state sales tax registration number. 2. The permanent location of the applicant's facility in this state at which the project is or is to be located. 3. A description of the type of business activity or product covered by the project, including four- digit SIC codes for all activities included in the project. 4. The number of net new full-time equivalent Florida jobs at the qualified target industry business as of December 31 of each year included in the project and the average wage of those jobs. If more than one type of business activity or product is included in the project, the number of jobs and average wage for those jobs must be separately stated for each type of business activity or product. 5. The total number of full-time equivalent employees employed by the applicant in this state. 6. The anticipated commencement date of the project. 7. A brief statement concerning the role that the tax refunds requested will play in the decision of the applicant to locate or expand in this state. 8. An estimate of the proportion of the sales resulting from the project that will be made outside this state. 9. A resolution adopted by the governing board of the county or municipality in which the project will be located, which resolution recommends that certain types of businesses be approved as a qualified target industry business and states that the commitments of local financial support necessary for the target industry business exist. In advance of the passage of such resolution, the office may also accept an official letter from an authorized local economic development agency that endorses the proposed target industry project and pledges that sources of local financial support for such project exist. For the purposes of making pledges of local financial support under this subsection, the authorized local economic development agency shall be officially designated by the passage of a one-time resolution by the local governing authority. 10. Any additional information requested by the office. (b) To qualify for review by the office, the application of a target industry business must, at a minimum, establish the following to the satisfaction of the office: 1. The jobs proposed to be provided under the application, pursuant to subparagraph (a)4., must pay an estimated annual average wage equaling at least 115 percent of the average private sector wage in the area where the business is to be located or the statewide private sector average wage. The office may waive this average wage requirement at the request of the local governing body recommending the project and Enterprise Florida, Inc. The wage requirement may only be waived for a project located in a brownfield area designated under s. 316...8Q or in a rural city or county or in an enterprise zone and only when the merits of the individual project or the specific circumstances in the community in relationship to the project warrant such action. If the local governing body and Enterprise Florida, Inc., make such a recommendation, it must be transmitted in writing and the specific justification for the waiver recommendation must be explained. If the director elects to waive the wage requirement, the waiver must be stated in writing and the http://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute&Search_Stri...1 /3/2008 Stàtutes & Constitution :View Statutes :->2007->Ch0288->Section 106: flsenate.gov Page 6 of 10 reasons for granting the waiver must be explained. 2. The target industry business's project must result in the creation of at least 10 jobs at such project and, if an expansion of an existing business, must result in a net increase in employment of not less than 10 percent at such business. Notwithstanding the definition of the term "expansion of an existing business" in paragraph (1 )(g), at the request of the local governing body recommending the project and Enterprise Florida, Inc., the office may define an "expansion of an existing business" in a rural community or an enterprise zone as the expansion of a business resulting in a net increase in employment of less than 10 percent at such business if the merits of the individual project or the specific circumstances in the community in relationship to the project warrant such action. If the local governing body and Enterprise Florida, Inc., make such a request, it must be transmitted in writing and the specific justification for the request must be explained. If the director elects to grant such request, such election must be stated in writing and the reason for granting the request must be explained. 3. The business activity or product for the applicant's project is within an industry or industries that have been identified by the office to be high-value-added industries that contribute to the area and to the economic growth of the state and that produce a higher standard of living for citizens of this state in the new global economy or that can be shown to make an equivalent contribution to the area and state's economic progress. The director must approve requests to waive the wage requirement for brownfield areas designated under s. 376,80 unless it is demonstrated that such action is not in the public interest. (c) Each application meeting the requirements of paragraph (b) must be submitted to the office for determination of eligibility. The office shall review and evaluate each application based on, but not limited to, the following criteria: 1. Expected contributions to the state strategic economic development plan adopted by Enterprise Florida, Inc., taking into account the long-term effects of the project and of the applicant on the state economy. 2. The economic benefit of the jobs created by the project in this state, taking into account the cost and average wage of each job created. 3. The amount of capital investment to be made by the applicant in this state. 4. The local commitment and support for the project. 5. The effect of the project on the local community, taking into account the unemployment rate for the county where the project will be located. 6. The effect of any tax refunds granted pursuant to this section on the viability of the project and the probability that the project will be undertaken in this state if such tax refunds are granted to the applicant, taking into account the expected long-term commitment of the applicant to economic growth and employment in this state. 7. The expected long-term commitment to this state resulting from the project. 8. A review of the business's past activities in this state or other states, including whether such business has been subjected to criminal or civil fines and penalties. Nothing in this subparagraph shall require the disclosure of confidential information. (d) The office shall forward its written findings and evaluation concerning each application meeting the requirements of paragraph (b) to the director within 45 calendar days after receipt of a complete application. The office shall notify each target industry business when its application is complete, and of the time when the 45-day period begins. In its written report to the director, the http://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute&Search_Stri...1/3/2008 Statutes & Constitution :View Statutes :->2007->Ch0288->Section 106: flsenate.gov Page7ofl0 office shall specifically address each of the factors specified in paragraph (c) and shall make a specific assessment with respect to the minimum requirements established in paragraph (b). The office shall include in its report projections of the tax refunds the business would be eligible to receive in each fiscal year based on the creation and maintenance of the net new Florida jobs specified in subparagraph (a)4. as of December 31 of the preceding state fiscal year. (e)1. Within 30 days after receipt of the office's findings and evaluation, the director shall issue a letter of certification that either approves or disapproves the application of the target industry business. The decision must be in writing and must provide the justifications for approval or disapproval. 2. If appropriate, the director shall enter into a written agreement with the qualified target industry business pursuant to subsection (4). (f) The director may not certify any target industry business as a qualified target industry business if the value of tax refunds to be included in that letter of certification exceeds the available amount of authority to certify new businesses as determined in s. 288.095(3). However, if the commitments of local financial support represent less than 20 percent of the eligible tax refund payments, or to otherwise preserve the viability and fiscal integrity of the program, the director may certify a qualified target industry business to receive tax refund payments of less than the allowable amounts specified in paragraph (2)(b). A letter of certification that approves an application must speCify the maximum amount of tax refund that will be available to the qualified industry business in each fiscal year and the total amount of tax refunds that will be available to the business for all fiscal years. (g) Nothing in this section shall create a presumption that an applicant will receive any tax refunds under this section. However, the office may issue nonbinding opinion letters, upon the request of prospective applicants, as to the applicants' eligibility and the potential amount of refunds. (4) TAX REFUND AGREEMENT.-- (a) Each qualified target industry business must enter into a written agreement with the office which specifies, at a minimum: 1. The total number of full-time equivalent jobs in this state that will be dedicated to the project, the average wage of those jobs, the definitions that will apply for measuring the achievement of these terms during the pendency of the agreement, and a time schedule or plan for when such jobs will be in place and active in this state. 2. The maximum amount of tax refunds which the qualified target industry business is eligible to receive on the project and the maximum amount of a tax refund that the qualified target industry business is eligible to receive for each fiscal year, based on the job creation and maintenance schedule specified in subparagraph 1. 3. That the office may review and verify the financial and personnel records of the qualified target industry business to ascertain whether that business is in compliance with this section. 4. The date by which, in each fiscal year, the qualified target industry business may file a claim under subsection (5) to be considered to receive a tax refund in the following fiscal year. 5. That local financial support will be annually available and will be paid to the account. The director may not enter into a written agreement with a qualified target industry business if the local financial support resolution is not passed by the local governing authority within 90 days after he or she has issued the letter of certification under subsection (3). (b) Compliance with the terms and conditions of the agreement is a condition precedent for the http://wvvw.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute&Search_Stri...l/3/2008 Statutes & Constitution :View Statutes :->2007->Ch0288->Section 106 : flsenate.gov Page 8 of 10 receipt of a tax refund each year. The failure to comply with the terms and conditions of the tax refund agreement results in the loss of eligibility for receipt of all tax refunds previously authorized under this section and the revocation by the director of the certification of the business entity as a qualified target industry business, unless the business is eligible to receive and elects to accept a prorated refund under paragraph (5)(d) or the office grants the business an economic- stimulus exemption. 1. A qualified target industry business may submit, in writing, a request to the office for an economic-stimulus exemption. The request must provide quantitative evidence demonstrating how negative economic conditions in the business's industry, the effects of the impact of a named hurricane or tropical storm, or specific acts of terrorism affecting the qualified target industry business have prevented the business from complying with the terms and conditions of its tax refund agreement. 2. Upon receipt of a request under subparagraph 1., the director shall have 45 days to notify the requesting business, in writing, if its exemption has been granted or denied. In determining if an exemption should be granted, the director shall consider the extent to which negative economic conditions in the requesting business's industry, the effects of the impact of a named hurricane or tropical storm, or specific acts of terrorism affecting the qualified target industry business have prevented the business from complying with the terms and conditions of its tax refund agreement. 3. As a condition for receiving a prorated refund under paragraph (5)(d) or an economic-stimulus exemption under this paragraph, a qualified target industry business must agree to renegotiate its tax refund agreement with the office to, at a minimum, ensure that the terms of the agreement comply with current law and office procedures governing application for and award of tax refunds. Upon approving the award of a prorated refund or granting an economic-stimulus exemption, the office shall renegotiate the tax refund agreement with the business as required by this subparagraph. When amending the agreement of a business receiving an economic-stimulus exemption, the office may extend the duration of the agreement for a period not to exceed 2 yea rs. 4. A qualified target industry business may submit a request for an economic-stimulus exemption to the office in lieu of any tax refund claim scheduled to be submitted after January 1, 2005, but before July 1, 2006. 5. A qualified target industry business that receives an economic'stimulus exemption may not receive a tax refund for the period covered by the exemption. (c) The agreement must be signed by the director and by an authorized officer of the qualified target industry business within 120 days after the issuance of the letter of certification under subsection (3), but not before passage and receipt of the resolution of local financial support. The office may grant an extension of this period at the written request of the qualified target industry business. (d) The agreement must contain the following legend, clearly printed on its face in bold type of not less than 10 points in size: "This agreement is neither a general obligation of the State of Florida, nor is it backed by the full faith and credit of the State of Florida. Payment of tax refunds are conditioned on and subject to specific annual appropriations by the Florida Legislature of moneys sufficient to pay amounts authorized in section 288 106, Florida Statutes." (5) ANNUAL CLAIM FOR REFUND.-- (a) To be eligible to claim any scheduled tax refund, a qualified target industry business that has entered into a tax refund agreement with the office under subsection (4) must apply by January 31 of each fiscal year to the office for the tax refund scheduled to be paid from the appropriation for the fiscal year that begins on July 1 following the January 31 claims-submission date. The office http://~w.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute&Search_Stri...1 /3/2008 Statutes & Constitution :View Statutes :->2007->Ch0288->Section 106 : flsenate.gov Page 9 of 10 may, upon written request, grant a 30-day extension of the filing date. (b) The claim for refund by the qualified target industry business must include a copy of all receipts pertaining to the payment of taxes for which the refund is sought and data related to achievement of each performance item specified in the tax refund agreement. The amount requested as a tax refund may not exceed the amount specified for the relevant fiscal year in that agreement. (c) A tax refund may not be approved for a qualified target industry business unless the required local financial support has been paid into the account for that refund. If the local financial support provided is less than 20 percent of the approved tax refund, the tax refund must be reduced. In no event may the tax refund exceed an amount that is equal to 5 times the amount of the local financial support received. Further, funding from local sources includes any tax abatement granted to that business under s. 196.1995 or the appraised market value of municipal or county land conveyed or provided at a discount to that business. The amount of any tax refund for such business approved under this section must be reduced by the amount of any such tax abatement granted or the value of the land granted; and the limitations in subsection (2) and paragraph (3)(f) must be reduced by the amount of any such tax abatement or the value of the land granted. A report listing all sources of the local financial support shall be provided to the office when such support is paid to the account. (d) A prorated tax refund, less a 5-percent penalty, shall be approved for a qualified target industry business provided all other applicable requirements have been satisfied and the business proves to the satisfaction of the director that it has achieved at least 80 percent of its projected employment and that the average wage paid by the business is at least 90 percent of the average wage specified in the tax refund agreement, but in no case less than 115 percent of the average private sector wage in the area available at the time of certification, or 150 percent or 200 percent of the average private sector wage if the business requested the additional per-job tax refund authorized in paragraph (2)(b) for wages above those levels. The prorated tax refund shall be calculated by multiplying the tax refund amount for which the qualified target industry business would have been eligible, if all applicable requirements had been satisfied, by the percentage of the average employment specified in the tax refund agreement which was achieved, and by the percentage of the average wages specified in the tax refund agreement which was achieved. (e) The director, with such assistance as may be required from the office, the Department of Revenue, or the Agency for Workforce Innovation, shall, by June 30 following the scheduled date for submission of the tax refund claim, specify by written order the approval or disapproval of the tax refund claim and, if approved, the amount of the tax refund that is authorized to be paid to the qualified target industry business for the annual tax refund. The office may grant an extension of this date on the request of the qualified target industry business for the purpose of filing additional information in support of the claim. (f) The total amount of tax refund claims approved by the director under this section in any fiscal year must not exceed the amount authorized under s. 2a8J29.5(3). (g) This section does not create a presumption that a tax refund claim will be approved and paid. (h) Upon approval of the tax refund under paragraphs (c), (d), and (e), the Chief Financial Officer shall issue a warrant for the amount specified in the written order. If the written order is appealed, the Chief Financial Officer may not issue a warrant for a refund to the qualified target industry business until the conclusion of all appeals of that order. (6) ADMINISTRATION.-- (a) The office is authorized to verify information provided in any claim submitted for tax credits under this section with regard to employment and wage levels or the payment of the taxes to the http://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute&Search_Stri...1/3/2008 Statutes & Constitution :View Statutes :->2007->Ch0288->Section 106 : t1senate.gov Page 10 of 10 appropriate agency or authority, including the Department of Revenue, the Agency for Workforce Innovation, or any local government or authority. (b) To facilitate the process of monitoring and auditing applications made under this program, the office may provide a list of qualified target industry businesses to the Department of Revenue, to the Agency for Workforce Innovation, or to any local government or authority. The office may request the assistance of those entities with respect to monitoring jobs, wages, and the payment of the taxes listed in subsection (2). (c) Funds specifically appropriated for the tax refund program for qualified target industry businesses may not be used for any purpose other than the payment of tax refunds authorized by this section. (7) Notwithstanding paragraphs (4)(a) and (5)(c), the office may approve a waiver of the local financial support requirement for a business located in any of the following counties in which businesses received emergency loans administered by the office in response to the named hurricanes of 2004: Bay, Brevard, Charlotte, DeSoto, Escambia, Flagler, Glades, Hardee, Hendry, Highlands, Indian River, Lake, Lee, Martin, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Polk, Putnam, Santa Rosa, Seminole, S1. Lucie, Volusia, and Walton. A waiver may be granted only if the office determines that the local financial support cannot be provided or that doing so would effect a demonstrable hardship on the unit of local government providing the local financial support. If the office grants a waiver of the local financial support requirement, the state shall pay 100 percent of the refund due to an eligible business. The waiver shall apply for tax refund applications made for fiscal years 2004-2005, 2005-2006, and 2006-2007. (8) EXPIRATION.--An applicant may not be certified as qualified under this section after June 30, 2010. A tax refund agreement existing on that date shall continue in effect in accordance with its terms. History.--s. 76, ch. 94-136; s. 44, ch. 96-320; s. 31, ch. 97-99; s. 19,ch. 97-278; s. 7, ch. 98-75; s. 26, ch. 99-251; s. 38, ch. 2000-210; s. 59, ch. 2001-61; s. 11, ch. 2002-294; s. 4, ch. 2002-392; s. 8, ch. 2003-36; s. 341, ch. 2003-261; s. 3, ch. 2003-270; s. 61, ch. 2004-269; s. 3, ch. 2005-276; s. 38, ch. 2007-5. Disclaimer: The information on this system Is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2006 State of Florida. http://www.t1senate.gov/Statutes/index.cfm?p=2&App_mode=DisplayStatute&SearchStri...l /3/2008 - - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 At page 30 change "a" to "an" before "accessory." In addition, a semicolon should be included after each subparagraph. At page 31, number 2, the Code and associated sections should be clearly spelled out. At page 33 (the last line) delete wording following the word "feet." Board members questioned 4 at page 36. This issue was previously addressed. Ms. Young advised she will discuss with staff and remove if appropriate. At page 40, number 4. "to the" should be deleted after "such." should be removed from the last paragraph. That concluded the Board's review of the proposed Mr. Hearn opened the public hearing. hearing was closed. . implement an economic development r "Qu arget Industry Businesses" that have a t on the County and meet the requirements of Section a brief in duction to this item by explaining this ordinance would sinesses!'tÔ apply for a waiver of the impact fees paid to the County. Staff is recommend{ Commissioners wit at this Board forward this item to the Board of County recommendation of approval. Mr. Brillhart with the Economic Strategic Development Department presented this item explaining that St. Lucie County is in the process of trying to recruit new businesses and/or aid the expansion of existing businesses. The County currently has an adopted Targeted Industry List and having this type of ordinance would give the BCC the discretion of mitigating impact fees based on certain criteria. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Mr. Brillhart explained that adopting this ordinance would allow St. Lucie County to have a more competitive advantage to recruit new businesses. Mr. Hearn noted that although jobs are important he is concerned that the County may be "giving away the farm" with this type of impact fee mitigation program. Mr. Brillhart emphasized that this is not an entitlement program, but it is a discretionary tool. This is clearly stated in the ordinance. There were discussions among Board members and Mr. Brillha~\~tè the fact that there does not seem to be any penalty to those companies that do notPfovide the number of jobs required and/or stay for the entire 10 years as is requir\;;º':::~YJhis ordinance. Ms. Young suggested that a provision can be include be due if a business does not meet its contractual impact fee mitigation program. o the County will under this Mr. Knapp expressed his displeasure with this prop not something he is in favor of. Mr. Schrader expressed his favorable ()P~'@)Ilwith He feels that a company coming to St. Lllcie providing health coverage would be a berÎ~fit bond or some other type shouldb is roposed ordinance. or ten years and r. Schrader feels that a Board members "incentive." aid" at page 4, (i) after the word Mr. Hearn opened the hearing as closed. from the public spoke and the public rs sugg sted inserting the word "sole" before "discretion." Board Also, changing t ggested q!1anging the word "doing" to "completion" at page 4, Part C. . rd,:.'things" to "purpose." Mr. Knapp, again, e essed his displeasure with this ordinance. He feels there are too many loopholes. There are too many ways for companies not to live up to what they promised in order to receive the impact fee mitigation. Board members also discussed health care coverage and requested that the word "provide" be expanded upon in the criteria for qualification for participation in this program. Mr. Culverhouse motioned to recommend that the Board of County Commissioners adopt this proposed ordinance with the changes agreed upon tonight based on 6 1 comments by Board members and that a provision be added providing that the 2 agreement between the BCC and either existing businesses or new businesses may 3 include but not be limited to the provisions, which may include the requirement of a 4 bond. 5 6 Mr. Mundt seconded. 7 8 Roll Call 9 10 Mr. Schrader - yes (but would like to see a bond be required) 11 Ms. Morgan - no (because it needs some wording and other c 12 Mr. Knapp - no (for the reasons stated previously during to 13 Ms. Hammer - yes (but it should provide some type of p 14 live up to its contractual obligations), 15 Ms. Caron - yes (this is a viable tool but something'n'êêdstå be in 16 being abided by) 17 Mr. Mundt - yes (but would like to see a grad 18 Mr. Culverhouse - yes (but agreements should be 19 to see a payback if a company does not keep its side 20 Chairman Hearn - yes (but would Ii see a provisio 21 respectable amount of local workforce 22 23 The motion carried 6-2 with Mr. Knapp aít4 24 25 26 Petition ofIndrio 27 28 29 30 31 32 33 34 The subject p,.,l,}s locate.~j,west of Emerson Avenue abutting the centerline extension 35 of Russakis RoadWnsoµth QfIndrio Road. 36 37 Staff is recommendiµg approval of the subject rezoning. 38 39 Larry Storms, representing the applicant, spoke briefly and requested that this Board 40 forward a recommendation of approval to the St. Lucie County Board of County 41 Commissioners. 42 43 Mr. Hearn opened the public hearing. No one from the public spoke and the public 44 hearing was closed. 45 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Mr. Mundt motioned to recommend that the St. Lucie County Board of County Commissioners grant approval of the proposed rezoning request. Mr. Schrader seconded and the motion carried unanimously. OTHER BUSINESS Mr. Knapp mentioned, in light of recent news coverage of ocean-front residences, that he feels allowing properties to be built east of AlA is just asking for trouble. A waiver of some sort should be signed by those who build that close to the ~.~.~.~. clearly stating that the County is not responsible for providing aid in the event of.ªstorm: As this was Chairman Hearn's last night with the PlannÏ1;¡giånd Board members thanked Mr. Hearn for his service, work an County over the past several years. . ng Commission, ication to S1. Lucie There being no further business, the meetingw 8 ~ Kº Ll\sed #5~ . CJII.CLUftV tn~ Rt ,~V' I-f do lLht t. l vndVif UYLQ (Ie ," ORDINANCE NO. 08-007 AN ORDINANCE CREATING CHAPTER 1-7.5 "ECONOMIC DEVELOPMENï' OF THE CODE OF ORDINANCES; FURTHER CREATING SECTION 1-7.5-1 "ECONOMIC DEVELOPMENT IMPACT FEE MITIGATION PROGRAM"; PROVIDING FOR SEVERABILITY, ALTERNATE METHOD, EFFECTIVE DATE AND FILING WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. There is a need to establish an economic development impact fee mitigation program in the County because the imposition of the impact fees herein may place the County in a non-competitive position with other communities that have chosen not to require growth to pay its fair share of needed capital facilities, thus hindering efforts by the County and the community to encourage economic development opportunities within the County and to create permanent employment expansion opportunities for the County's citizens. 2. Section 125.045, Florida Statutes, provides the County with the power to enhance and expand economic activity in the County including the authority to expend and use public funds toward achievement of the County's economic development goals. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. CHAPTER 1-7.5 "ECONOMIC DEVELOPMENr' IS HEREBY CREATED IN THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY" BY CREATING PART A "ECONOMIC DEVELOPMENT IMPACT FEE MmGATION PROGRAM" AS FOLLOWS: Sec. 1-7.5-1. Economic Development Impact Fee Mitigation Program ÍQÌ For the purpose of this section the term "Qualified Target Industry Business" shall mean a new or expandin9 business in the County that has a positive economic and fiscal impact on the County and meets the requirements of Section 288.106. Florida Statutes. or its statutory successor in function. as a Qualified Target Industry Business. For the purpose of this section. the term "Applicant" shall include any person. company. research institute or business park developer that will house Qualified Target Industry Businesses. Str~el( t¡'re~g¡' passaged are deleted. 1 Underlined passages are added. ,.. íQì Because the imposition of the Impact Fees herein may place St Lucie County in a non- competitive position with other local governments that have chosen not to require growth to pay its fair share of needed capital facilities. thus hindering efforts by the County and the community to encourage economic development opportunities within the County and to create permanent employment expansion opportunities for the Countv's citizens. there is hereby created an Economic Development Impact Fee Mitigation Program for certain Qualified Target Industrv Businesses to mitigate any real or perceived disadvantage occurring from the imposition of the Impact Fees. W This program is not intended as an entitlement program. The program is intended to provide the Board of County Commissioners the opportunity in its sole discretion. to grant impact fee mitigation to Qualified Target Industry Businesses. fQ) To be eligible for an Economic Development Impact Fee waiver. an Applicant must meet the following requirements: ill Qualify as a Qualified Target Industry Business and create a minimum of ten (0) new iobs or a 10':10 increase in existing employment (whichever is greater) with an average private sector wage (excluding benefits) of at least 107':10 of St. Lucie Countv's average private sector wage ( excluding the top two executive salaries) and provide a benefit package that includes health insurance and remain in the County for a minimum of ten (0) years; or ill Qualify as a Qualified Target Industry Business and create a minimum of ten (10) new job s or a 10'}'0 increase in existing employment (whichever is greater) with an average private sector wage (excluding benefits) of 100':10 of St. Lucie County's average private sector wage (excluding the top two executive salaries) and make a capital investment in the County of $10 million or greater in construction. renovations. equipment purchases. or other ma ¡or capital investment items and remain in the County for a minimum of ten (10) years; and m Enter into an agreement with the Countv wherein the Applicant agrees to locate or expand its business operations to/within St. Lucie County for a period of at least ten (0) years. The Agreement will also require the Applicant to provide the County with the Applicant's Quarterly Report (UCT-6) and all other documentation to demonstrate that the iob creation and salary level commitments were achieved. W Any Applicant seeking an Economic Development Impact Fee waiver shall file an application for waiver with the County Administrator prior to the issuance of the Building Permit for the sub ject Capital Facilities Impact Construction. The application shall contain: ill a designation of the Capital Facilities Impact Construction for which the application is being submitted. including a current and complete legal description of the property upon which the Qualified Target Industry Business is proposed to be located; ill the name and address of the owner of the property upon which the Qualified Target Industry Business is proposed to be located; Stp~ch t"'pe~!lh passaged are deleted. 2 Underlined passages are added. ," ill Industry Business; proof that the Capital Facilities Impact Construction will be a Qualified Target ill a notarized affidavit and all necessary supporting evidence affirming that the requirements of subsection (d)(1) or subsection (d)(2) above will be met within one (1) year of the date the Certificate of Occupancy is issued which term may be extended by the Board of County Commissioners upon 900d cause shown; and @ other necessary information as determined by the County Administrator. ill Any Applicant who submits an application for Economic Development Impact Fee Mitigation pursuant to this Section and desires the immediate issuance of a Building Permit prior to approval of the application shall pay the Impact Fees imposed herein. Should the Board of County Commissioners approve and accept the mitigation application. the mitigation amount shall be refunded to the Applicant or Owner. fg) If the Applicant meets the requirements provided above for mitigation. the Applicant shall be eligible for the following: ill If the Applicant qualifies under subsection (d)(1) above. it shall be eligible to receive an Economic Development Impact Fee Miti9ation in the following amounts; provided however that the Board may increase these waiver amounts in the event the Applicant exceeds these requirements: Number of Jobs Created '10 of Average Private Sector Wage Waiver Amount Minimum of 10 Minimum of 10 Minimum of 10 107'10 plus benefits 150'10 plus benefits 200'10 plus benefits $3.500 per job created $5.000 per iob created $7.500 per job created ill If the Applicant qualifies under subsection (d)(2) above. it shall be eligible to receive an Economic Development Impact Fee Mitigation in the following amounts; provided. however that the Board may increase these mitigation amounts in the event the Applicant exceeds these requirements: Number of Jobs Created Total Capital Investment Waiver Amount Minimum of 10 Minimum of 10 Minimum of 10 $10 000.000 to $14.999.999.99 $15.000.000 to $19.999.999.99 $20.000.000 or more 40'10 of total County Impact Fees 50'10 of total County Impact Fees 60'10 of total Countv Impact Fees ill Each Applicant shall only be eligible for mitigation under either subsection (C)(1) or subsection (C)(2), but not both. Str~~h thr~~g¡' passaged are deleted. 3 Underlined passages are added. , r frù If the County Administrator finds that the Applicant meets the requirements provided herein for mitigation. the County Administrator shall agenda an Impact Fee Mitigation Agreement before the Board of County Commissioners. which shall contain. but not be limited to. the St. Lucie County Impact Fee Mitigation Application for Qualified Target Industries and any other documents as requested by the County Administrator. Because this Program is not an entitlement program. the Board may reject the request for mitigation without cause. ill Any incentive approved pursuant to the Economic Development Impact Fee Mitigation Program shall be paid from other legally available funds (other than impact fees). ill Any request for Economic Development Impact Fee Mitigation must be submitted to the County by the Applicant prior to the Applicant deciding whether or not they will expand or locate in St. Lucie County. PART B. SEVERABILITY . Provisions of this Ordinance are severable; and if any section, subsection, sentence or clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this ordinance shall not be affected thereby. PART C. ALTERNATIVE METHOD. This Ordinance shall be deemed to provide an additional and alternative method for the implementation of the purpose authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as derogation or diminishment of any powers now existing or which may hereafter come into existence. This ordinance, being necessary for the Public Health, Safety, and Welfare of the inhabitants of the County, shall be liberally construed to affect the purposes hereof. PARK D. EFFECTIVE DATE. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County within ten days after enactment by the Board, and this ordinance shall take effect on upon filing with the Department of State. PART E. FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, the Capitol, Tallahassee, Florida 32304. 5tr~el( tkre~!lk passaged are deleted. 4 Underlined passages are added. .' PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Joseph E. Smith Vice Chairman Paula A. Lewis Commissioner Doug Coward Commissioner Chris Craft Commissioner Charles Grande xxx xxx xxx XXX XXX PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section," "article" or other appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B to G shall not be codified. PASSED AND DUl.Y ADOPTED this _ day of ,2008. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: By: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: County Attorney 5tp~eh tkpe~gk passaged are deleted. 5 Underlined passages are added. '" -. AGENDA REQUEST ITEM NO.6 DATE: January 15, 2008 REGULAR [X] PUBLIC HEARING [] CONSENT [] PRESENTED BY: Dou las Anderson County Administrat TO: Board of County Commissioners SUBMITTED BY (DEPT): Administration SUBJECT: Prioritizing the below four federal appropriation requests. Federal Appropriation Requests: 1. $1,900,000 from the Economic Development Initiative account of the FY 2009 Transportation and Housing and Urban Development Appropriations Act to develop infrastructure for a 20-acre parcel of the Treasure Coast Education, Research and Development Park. 2. $4,000,000 from the Construction General Account of the Energy and Water Development Appropriations bill to re-nourish Fort pierce Beach. 3. $6,000,000 from the Formula and Bus Grants account of the FY 2009 Transportation and Housing and Urban Development Appropriations Act to purchase seven new buses as well as help construct a new intermodal facility where the County's bus fleet can be parked and maintained. 4. $500,000 from the General Investigations Corps of the Engineers Account of the Energy and Water Development Appropriations Bill for FY 2009 to continue the beach re-nourishment feasibility study BACKGROUND: please see the attached memorandum for a more detailed description of the four requests. The Board of County Commissioners is being requested to priori tize the above four federal appropriations requests. The above listing represents the prioritization recommended by Mr. Greg Burns of Marlowe & Company. Requests for funding for these projects must be made to have funding added to a federal agency's budget. Additionally, it must be requested that funding be specifically earmarked for the County's projects. Without the specific earmark, the funds will be added to an agency's discretionary funding. FUNDS AVAIL.: N/A PREVIOUS ACTION: Federal funding requests for each of the four projects were submitted in 2006 and 2007. RECOMMENDATION: Staff recommends the Board prioritize the above four projects for federal funding and authorize the County Administrator to submit the prioritization of projects to the legislative dele ation. County Attorney: Originating Dept: vSr Doug County Coordination/Signatures COMMISSION ACTION: [Xl APPROVED [ 1 OTHER: Approved 5-0 DENIED Mgt & Budget: Public Works: purchasing: Finance: 4- From: To: Date: Subject: Attachments: William Hoeffner Burns, Greg 12/31/20073:06 PM Federal Legislative Requests Agenda Item 1.doc; Agenda Memorandum.doc cc: Douglas Anderson; Shane DeWitt; Wise, Andrew Greg, During November 2007, I requested that you prioritize the County's federai legislative requests which you did on 11/21/2007. The attached agenda item and memo outline the prioritization you recommended. It is also my understanding that no additional requests have been added. Please confirm that this continues to be the recommended prioritization at this time. I will be recommending to Mr. Anderson that we have the Board of County Commissioners approve this prioritization in their meeting on 1/22/2008. Also, based upon this prioritization, I will be finalizing the pamphiets for the Commissioners to take with them to Washington for the meetings you have proposed for February. It is my understanding the video you requested has been finalized. Bill Hoeffner Director St. Lucie County Grants / Disaster Recovery Department 2300 Virginia Avenue Fort Pierce, FL 34982 Telephone: (772) 462-1467 Fax: (772) 462-2535 Emaii: hoeffnerlålstlucieco.Qov .. r ST. LUCIE COUNTY ADMINISTRATION MEMORANDUM To: From: Date: Subject: St. Lucie County Board of County Commissioners Douglas Anderson, County Administrator January 2, 2008 January 15, 2008 Regular Agenda Item 6 FY 2009 Federal Legislative Requests St. Lucie County Fiscal Year 2009 Federal Funding Requests 1) The new Treasure Coast Education, Research and Development Park presently encompasses 1,600 acres and is home to the University of Florida Indian River Research and Education Center, the state-of-the-art USDA Agricultural Research Service National Horticulture Research Laboratory, the USDA Natural Resources Conservation Service Office, the Florida Division of Plant Industry, and the St. Lucie County Cooperative Extension Service. St. Lucie County is currently involved in a four part development program for the Park. The first of these involves the acquisition of additional land at a cost of $10,000,000 to increase the acreage of the park to 1,600 acres. The first phase has been completed. A second phase involves the construction of a 10,000 square foot office center at a cost of $4,000,000 that will house the Treasure Coast Education, Research and Development Authority; the University of Florida; Florida Atlantic University; and Indian River Community College. The three educational institutions will assist the Authority in providing research and business start-up services to incubate fledgling biotech businesses. The County also intends to relocate agricultural and environmental field research operations of the University of Florida Institute of Food and Agricultural Sciences located at the park to a more westerly location to provide additional space for the office center and for a K-12 magnet school specializing in science education that will be constructed at the Park. The cost of relocating the agricultural and environmental field research operations is $7,488,000. St. Lucie County also intends to develop 20 acres of the Research Park for future lease to research companies. This involves constructing the infrastructure (roads, utilities, and stormwater facilities) needed for the 20-acre parcel. The cost of this phase is $1,900,000. FY 2009 REQUEST: The County requests $1,900,000 from the Economic Development Initiative account of the FY 2009 Transportation and Housing and Urban Development Appropriations Act to develop a 20-acre parcel of the Treasure Coast Education, Research and Development Park. 2) Federal participation in the Fort Pierce shore protection project was authorized by the River and Harbor Act of 1965. It was later modified by section 102 of the 1968 River and Harbor Act and again by the Water Resources Development Act in 1996 and 1999 (Section 313 ,; of PL 106-53). The project includes 1.3 miles of beachfront south of the federally-maintained navigation inlet which allows access to the Fort Pierce Harbor. Various Corps-approved studies have concluded that the federal government is responsible for approximately 60 percent of the erosion that has occurred along this segment of shoreline because of the federally-maintained inlet. Initial construction of a 1.3 mile segment of the Ft. Pierce beach directly south of the inlet was completed by the Army Corps in 1971. In 1983, the first maintenance of the beach nourishment project was completed. After authorization of the project expired in 1985, St. Lucie County requested the Corps to complete a reauthorization study, a draft of which was completed in 1993. Then in 1996, Congress authorized the Corps to perform a General Reevaluation Report (GRR) to consider extending the project length an additional one mile, for a total project length of 2.3 miles, while also looking into the feasibility of constructing jetties just south of the inlet. Also in 1996, Congress appropriated $3 million towards construction of the 1.3 mile project. Unfortunately, the Corps reprogrammed approximately $2.2 million of that during the next year to other projects. After Congress re-appropriated the $2.2 million in 1998, the second maintenance of the 1.3 mile Ft. Pierce beach project occurred in May of 1999. Congress in FY 2003 appropriated $3,000,000 to renourish the 1.3-mile segment. This funding was used to complete a small renourishment along the most critically eroded segment (3,000 feet) of shoreline and complete mitigation elements such as an artificial reef which were begun during the 1999 renourishment. Then, the Corps, reprogrammed $1.3 million in funding in FY 2004 which, added to the $750,000 FY 2004 appropriation, supplemental funding after the 2004 hurricanes, and $750,000 in FY 2005 funds, again nourished a portion of the Ft. Pierce beach. Because of the severe erosion to the shoreline, which protects the federally maintained inlet, it is clear that a project modification is needed to more efficiently retain sand on Ft. Pierce beach. The jetties are being studied as part of the Corps-County GRR begun in 1996. In FY 2006, Congress provided $150,000 for the Corps and the County to continue work on the GRR. The implementation of this new beach restoration plan will be designed to slow the rate of erosion to manageable levels and stem the tide of sand loss which poses a serious threat to upland public and private infrastructure and to the recreational health of the beach. The State of Florida and St. Lucie County have provided sufficient local funds for each step of the process with the Corps over the last 40 years. FY 2009 REQUEST: $4,000,000 from the Construction General account of the Energy and Water Development Appropriations bill to renourish Fort Pierce Beach. 3) In July 2005, the St. Lucie Metropolitan Planning Organization approved a major update to its Five Year Transit Development Plan. The Plan identified the need for the replacement of fifty fixed and demand response buses as well as additional buses to expand fixed route service. The Plan also recommended the "creation of multimodal transportation hubs in central Ft. Pierce and Port St. Lucie serving fixed routes, Greyhound bus service, potential Amtrak service and other transportation modes." St. Lucie County currently has a bus fleet of 42 buses that are parked at government office facilities in two downtown areas in Fort Pierce and Port St. Lucie. The two facilities are too small for the current fleet and offer no room for transit expansion or fleet maintenance. Maintenance is currently contracted to a private service which requires additional time and manpower to deliver the buses to the maintenance service facility. ... St. Lucie County would like to develop an intermodal facility at a site where the buses can be parked and maintained, that will be easily accessible to Greyhound services, and that will also will provide office space for the County's transit operations. There are also plans for the site to become a Commercial Drivers License (CDL) training facility. This will meet a critical training need as identified by the Treasure Coast Workforce Board. St. Lucie County will be providing land for the site. The total estimated cost to purchase new buses and develop and build an intermodal facility is $12,738,711. The House draft of the FY 2007 Treasury, Transportation, Housing and Urban Development Appropriations Act included $1,500,000 for this project. FY 2009 REQUEST: St. Lucie County requests $6,000,000 from the Formula and Bus Grants account of the FY 2009 Transportation and Housing and Urban Development Appropriations Act to purchase seven new buses as well as help construct a new intermodal facility. The County will be requesting the balance of the funds in a future year. 4) St. Lucie County has 21 miles of Atlantic Coast shoreline. The St. Lucie County feasibility study is studying the southern-most four miles of our shoreline which abut Martin County, as well as a small amount of shoreline north of the Ft. Pierce Harbor jetty. This segment of shoreline is heavily developed and has been designated as "critically eroded" by the Florida Department of Environmental Protection. More recently, the area continues to critically erode, harming upland development and environmental habitat. Beach erosion and storm damage has also been exacerbated by the high frequency of hurricanes and storms along the Atlantic coastline. FY 2009 REQUEST: The County requests $500,000 from the General Investigations Corps of Engineers account of the Energy and Water Development Appropriations bill for FY 2009 to continue the St. Lucie County, FL feasibility study. AGENDA REQUEST ITEM NO. 1- DATE: January/S- 2007 I REGULAR [XX] REVISED PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PREsENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: South Causeway Park - Amendment to Amended and Restated Recreational Facilities Exchange BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Amendment to the Amended and Restated Interlocal Agreement and authorize the Chairman to sign the Agreement. Approved 5-0 COMMISSION ACTION: þ(] APPROVED [ ] DENIED [ ] OTHER: County Attorney: ~ vI. f ~. Review and ApDrovals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eft. 5/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 08-007 DATE; January 3, 2008 SUBJECT: South Causeway Park - Amendment to Amended and Restated Recreational Facilities Exchange ****AAAAAAAA************************************44AAA44A***************************** BACKGROUND: On October 5, 1999, the County and the City entered into an Amended and Restated Interlocal Agreement for recreational facilities exchange. A copy of the Agreement is attached. City staff has proposed to amend the October 5,1999 Agreement to allow the City to maintain and operate South Causeway Park. A copy of a proposed Amendment to the October 5,1999 Agreement is attached. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Amendment to the Amended and Restated Interlocal Agreement and authorize the Chairman to sign the Agreement. Respe)f u IIY"S~bm: tte, /t'~;é(rfÁ ; Daniel S. McIntyr,è I . County Attorneyí / DSM/caf Attachments L «~ - I AMENDED AND RESTATED INTERLOCAL AGREEMENT RECREATION FACILITIES EXCHANGE THIS AMENDED AND RESTATED INTERLOCAL AGREEMENT made and entered into this _s-lh day of Üe L0-C,-t: ,1999, between CITY OF FORT PIERCE, FLORIDA, hereinafter referred to as the" City" and ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as the "County". WHEREAS, the City and the County entered into an Interlocal Agreement pertaining to a recreational facilities exchange on September 22, 1998 which the parties now desire to amend; and, WHEREAS, both the CITY and the COUNTY recognize the need to exchange maintenance responsibilities for the facilities and thereby prevent unwarranted duplication of services. IN CONSIDERATION OF THE MUTUAL BENEFITS RECEIVED BY EACH PARTY, the parties hereto mutually agree as follows: 1. COUNTY RESPONSIBILITIES: Effective October 1, 1998, the County agrees to operate and maintain 1I0us Ellis Park (13th and Avenue M) including all existing park elements, (i.e., municipal pool, four (4) basketball courts, restroom facilities, little league training facility, playground equipment, football field with concession stand and press box and parking lots) in accordance with City standards. Effective June 1, 1999, the County agrees to operate and maintain Martin Luther King, Jr./Dreamland Park in accordance with City G:\atty\agrecmnt\interloc\fp.A&R.rec fae ex -1- ~); T· ,'. -,(, (,~ , ;"-'-' ~LlÜL' J 1_ ~_,Lc 0,;C'_1 /{u ?,-C -A . ,- ',?' " ) r¿.-: ':::~J '11 ~~: ~ c; [1.J ~ C'j~ Z CD ~ ~- =: i~ C1CC! F'" C..-¡ l :=~.:. ;~?:~ ~. ~~ ~g( :1?" ¡~~~ C:2 S~ -...~ ...".} standards. During the term of this Agreement, the COUNTY may establish and enforce reasonable rules and regulations governing the use and hours of operation for this park. 2. CITY RESPONSIBILITIES: Effective October 1, 1998, the CITY agrees to maintain South Beach Boardwalk, Bandstand Park, County Library Downtown Branch (grounds) and the Old Fort Site including all existing park elements (i.e. restrooms, boardwalks, landscaping, and parking lots) in accordance with COUNTY standards. Effective June 1, 1999, the CITY agrees to maintain the groundS of Indian River Veterans' Memorial Park in accordance with County standards. During the term of this Agreement, the CITY may establish reasonable rules and regulations governing the use and hours of operation of each of these parks. 3. TERM: The term of this Agreement shall be indefmite. This Agreement shall renew automatically each year unless written notice is furnished by either party to the other of its intent to terminate this Agreement, such notice to be furnished a minimum of nine (9) months prior to October 1, of any year. 4. NO DISCRIMINATION: Both parties to this Agreement agree not to discriminate against any person on the basis of race, religion, national origin, age, sex, or marital status, in the use of facilities pursuant to the Agreement. 5. COMPLETE UNDERSTANDING: The Agreement contains a complete understanding of the parties hereto, notwithstanding any previous written or oral understandings between the parties on the same SUbject. G:\atty\agreemnt\interloc\fp-A&R-rec fac ex -2- 6. NOTICES: Any notice, payment, demand, or communication required or permitted to be given by any provision of this Agreement shall be in writing and shall be deemed to have been delivered and given for all purposes, whether or not the same is actually received, if sent by registered or certified mail, postage and charges prepaid, and addressed to the parties at the following addresses: As to City: With a CODY to: Fort Pierce City Manager Post Office Box 1480 Fort Pierce, Florida 34954 Fort Pierce City Attorney Post Office Box 1480 Fort Pierce, Florida 34954 As to County: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 or to such other address as the parties may from time to time specify by writing. Any such notice may at any time be waived by the person entitled to receipt of such notice. 7. AMENDMENTS: No amendment, modification, or waiver of this Agreement, or any part hereof, shall be valid or effective unless in writing and signed, and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. 8. FURTHER DOCUMENTS: Each of the parties hereto hereby agree that they will execute and deliver such further instruments and do such further acts and things as may be necessary or desirable to carry out the purposes of this Agreement. G:lattylagreemnt\interloc\fp-A&R-rec fac ex " -.J- "G; 9. SECTIONS-CAPTIONS: Sections and other captions contained in tlús Agreement are for reference purposes only and are In no way Intended to describe, interpret, define or limit the scope, extent of intent of this Agreement or any provision hereof. 10. SEVERABILITY: Each provision of tlús Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such lllegib1l1ty or invalidity shall not effect the validity of the remainder of tlùs Agreement. 11. GOVERNING LAW: Tltls Agreement and the rights of the Parties shall be governed by and constmed or enforced in accordance with the laws of the State of Florida. 12. FILING: EFFECTIVE DATE: This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, prior to its effectiveness. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed in ;;'/1 their respective names by their proper officials and under their official seals tlùs <.J( I: day /}' ! of C-i.!i'JL,j , 1999. }. ,,1'· "{, ,. ; /1 &;¡'.,:~ BY: )--d /( i~ ~:~~~¡t41.:¡~¡,"~ ,~ ATTEST: " BOARD OF COUNTY COMMISSIONfatS " ST. LUCIE COUNTY, FLORlDA[":;" APPROVED AS TO FORM AND COíÙlECTNESS:,/l BY: //61líl~// County Attorn~yj // "I, __/."' G:\atty\agreernnt\intcrloc\tþ-A&R-rec tàc ex -4- ATTESTS: ,BY:~'l-~ ~~~~__ ,'.... ..... Clerk c ;{i G:\atty\agrecnmt\interloc\fp-A&R-rec fae ex BY: APPROV~a~ORM AND CORRE;'1IESS BY: 4- êh;ltiom~- -5- FURTHER AMENDMENT TO AMENDED AND RESTATED INTERLOCAL AGREEMENT - RECREATIONAL FACILITIES EXCHANGE The Amended and Restated Interlocal Agreement for a recreational facilities exchange, hereinafter referred to as "Exchange Interlocal," that was entered into between the CITY OF FORT PIERCE, FLORIDA, a Florida municipal corporation hereinafter referred to as the "City" and ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as the "County", entered into on the 5th day of October 1999, is hereby amended by the parties as provided herein, on this day of December, 2007. WHEREAS, the City and the County entered into an Interlocal Agreement pertaining to recreational facilities on September 22, 1998; and WHEREAS, the City and the County entered into an Amended and Restated Interlocal Agreement for Recreational Facilities Exchange on October 5, 1999; and WHEREAS, both the City and the County recognize the need to adjust and amend the existing exchange of recreational responsibilities as previously agreed to by the parties. IN CONSIDERATION OF THE MUTUAL BENEFITS RECEIVED BY EACH AGENCY, the parties hereto mutually agree that Section 2, "City Responsibilities" is hereby amended as follows with this provision to be added to the existing Section: 2. CITY RESPONSIBILITIES. Effective January 1, 2008, the City also agrees to maintain and operate, in accordance with City standards and all applicable permitting and regulatory requirements, South Causeway Park within the area depicted on Exhibit "A" and all existing park elements (i.e .restrooms, walkways, landscaping, and parking lots.) The City agrees that the City shall not construct any capital improvements within the South Causeway Park without the consent of the County. It is the intent of the parties to jointly develop a master plan for the park that would identify future capital improvements for the overall site. The City further agrees that the County shall retain the right for determining any parking use questions within South Causeway Park. No other term or condition of the "Exchange Interlocal" is modified or amended by this Agreement and such "Exchange Interlocal" shall remain in effect. G:\ATTY\AGREEMNT\INTERLOC\FP - Rec Facilities Exchange Amendment,wpd IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed in their respective names by their proper official and under their official seals this day of December, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: Deputy Clerk Chairman Date: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney CITY OF FORT PIERCE ATTESTS: BY: Cassandra Steele, City Clerk BY: Robert :r. Benton, III,Mayor Date: APPROVED AS TO FORM AND CORRECTNESS BY: Robert V. Schwerer, Esq., City Attorney G: \A TTY\AGREEMNTUNTERLOC\FP - Rec Facilities Exchange Amendment.wpd 2 AGENDA REQUEST ITEM NO. K41 DATE: January 15, 2008 REGULAR [XX] f..?£\/ (S £n PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Ordinance No. 08-010 - TVC Comprehensive Plan Amendments; Stipulated Settlement Agreement (Brown Petitioners) BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board grant permission to advertise a public hearing on February 19, 2008 at 6:00 p.m. or as soon thereafter as the item may be heard to consider a Stipulated Settlement Agreement dated :r anuary 5, 2008 and Ordinance No. 08-010. COMMISSION ACTION: 1><1 APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Motion to include a change in the date from February 12th to February 19th. Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff.5/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 08-040 DATE: January 9,2008 SUBJECT: Ordinance No. 08-010 - TVC Comprehensive Plan Amendments; Stipulated Settlement Agreement **AAAAAAAAAA**************************...AAAAA4AAAAAAAAAAAAAAAAAAAAA4AAA44AAAA******* BACKGROUND: Attached to this memorandum is a copy of a Stipulated Settlement Agreement with the "Brown petitioners" and DCA pertaining to the TVC Comprehensive Plan Amendments that were adopted by County Ordinances No. 06-019 and 07-037 on May 16, 2006 and June 5, 2007, respectively. The Stipulated Settlement Agreement contains proposed Remedial Amendments. Under the terms of the Settlement Agreement, if the County completes the remedial actions and adopts the remedial plan amendments, the Brown petitioners will dismiss their petition challenging the TVC plan amendments. DCA has also signed the Settlement Agreement. Also attached to this memorandum is a copy of draft Ordinance No. OB-OlO which contains the remedial plan amendments identified in the Settlement Agreement. RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission to advertise a public hearing on February 19, 200B at 6:00 p.m. or as soon thereafter as the item may be heard to consider the January 5, 2008 Stipulated Settlement Agreement and Ordinance No. 08-010. DSM/caf Attachments Respectfully submitte¡d, ',_",'''1 -'1<4 ,:/ ~ ~./ .,'< ,/!~:?",1,/_: , 1" \' "rr.;::¡"" t "\'/'-1/ ~~- / ~/' ..~.. :-"\ Dani~1 S. McIrrtyre ! County Attort~y STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS EDGAR A. BROWN, et aI., DOAH Case Nos.: 06-2834 GM 06-2845GM Petitioners, v. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, and ST. LUCIE COUNTY, Respondents, and QUAIL MEADOWS, LLC, and INDRIO ROAD DEVELOPMENT, LLC, Intervenors. I STIPULATED SETTLEMENT AGREEMENT THIS STIPULATED SETTLEMENT AGREEMENT is entered into by and between Petitioners, EDGAR A. BROWN; BARBARA LEIN BROWN; JOSEPHINE BROWN, AS TRUSTEE; BROWN RANCH, INC.; FLORIDA RESOURCES, LLC; HORIZON TREE FARM, L.C., VERNON SMITH; AND CHRIS SMITH (collectively, "Petitioners"), and RESPONDENTS, STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ("DCA") and ST. LUCIE COUNTY ("County"), as a complete and final settlement of all claims relating to the Comprehensive Plan Amendments adopted by S1. Lucie County Ordinances 06- 019, May 16, 2006, and 07-0637, June 5, 2007 ("TVC Amendments"), as raised in the above- styled administrative proceedings. Page I of! 0 RECITALS WHEREAS, DCA, is the state land planning agency and has the authority to administer and enforce the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes; and WHEREAS, the County is a local government with the duty to adopt comprehensive plan amendments that are "in compliance;" and WHEREAS, Petitioners own properties within the area that is the subject of the TVC Amendments, and are the Petitioners in the above-styled cases; and WHEREAS, the County adopted the TVC Amendments by Ordinance Nos. 06-019 and 07-037 on May 16,2006, and June 5,2007, respectively; and WHEREAS, DCA issued its Cumulative Notice of Intent dated July 19, 2007 finding the TVC Amendments "in compliance"; and WHEREAS, pursuant to Section 163.3184, Florida Statutes, Petitioners filed an amended petition challenging the TVC Amendments ("Petition"); and WHEREAS, the County and DCA dispute the allegations in the Petition regarding the TVC Amendments; and WHEREAS, all parties wish to compromise and settle the above-styled administrative proceedings to avoid the time and expense involved in a final hearing on the disputed allegations; NOW, THEREFORE, in consideration of the mutual covenants and promises herein below set forth, and in consideration of the benefits to accrue to each of the parties, the receipt Page 2 ofl 0 and sufficiency of which are hereby acknowledged, the parties hereby represent and agree as follows: GENERAL PROVISIONS I. Definitions. As used in this Agreement, the capitalized terms defined in the Recitals above shall have the meanings as stated there in and the following words and phrases shall have the following meanings: a. Act: The Local Government Comprehensive Planning and Land Development Regulation Act, as codified in Part II Chapter 163, Florida Statutes. b. Agreement: This stipulated settlement agreement. c. DOAH: The Florida Division of Administrative Hearings. d. In compliance or into compliance: The meaning set forth m Section 163 .3184( 1 )(b), Florida Statutes, e. Cumulative Notice of Intent: The cumulative notice of intent to find the TVC Amendments "in compliance," issued by DCA July 19,2007, in this case. f. Petition: The amended petition for administrative hearing filed by Petitioners in this case and attached as Exhibit A. g. Remedial Plan Amendment: An amendment to the plan that the County must adopt to comply with this Agreement, as attached to this Agreement as Exhibit B. The remedial plan amendment adopted pursuant to this Agreement must be consistent with and substantially similar in concept and content to the one identified in this Agreement or be otherwise acceptable to DCA. Page 3 ofl 0 2. Neeotiation of Aereement. DCA issued its Cumulative Notice of Intent to find the TVC Amendments in compliance, and Petitioners filed the Petition in this case to contest DCA's finding. Subsequent to the filing of the Petition, the parties to this Agreement conferred and agreed to resolve the issues in the Petition through this Agreement. It is the intent of this Agreement to resolve fully all issues between the parties that were or could have been raised in this proceeding. 3. Dismissal. If the County adopts the Remedial Plan Amendment required by this Agreement, Petitioners shall dismiss, with prejudice, their Petition in the above-styled administrative proceedings within five working days of receipt of the Remedial Plan Amendment as adopted. Petitioners and their designated expert witnesses will not directly or indirectly support any administrative or judicial proceeding brought to challenge the "in compliance" status of the TVC Amendments as they exist upon adoption of the Remedial Amendments pursuant to this Agreement. 4. Description of Provisions AIleeed to be Not in Compliance and Remedial Actions; Leeal Effect of Aereement. Petitioners have made certain allegations as set forth in their Petition that the TVC Amendments are not "in compliance," as set forth in the Petition. This Agreement constitutes a stipulation that if the Remedial Plan Amendment is adopted, the Remedial Plan Amendment will be in compliance. 5. Adoption or Approval of Remedial Plan Amendment. With all reasonable promptness after the execution of this Agreement, given the County's responsibility to advertise and hold a public hearing, the County shall consider for adoption the Remedial Plan Amendment. This may be done at a single adoption hearing. . Within 10 working days after Page 4 ofl 0 adoption of the Remedial Plan Amendment, the County shall transmit 5 copies of the adopted amendment to DCA as provided in Rule 9J-l1.011(5), Florida Administrative Code. The County also shall submit one copy to the regional planning agency and to any other unit of local or state government that has filed a written request with the governing body for a copy of the Remedial Plan Amendment and a copy to Petitioners, as the Petitioner. The Remedial Plan Amendment shall be transmitted to DCA along with a letter which describes the remedial action adopted for each part of the plan amended, including references to specific portions and pages. 6. Acknowlede:ment. All parties to this Agreement acknowledge that the "based upon" provisions in Section 163.3184(8), Florida Statutes, do not apply to the Remedial Plan Amendment. 7. Review of Remedial Plan Amendment and Notice of Intent. Within 30 days after receipt of the adopted Remedial Plan Amendment, DCA shall issue a cumulative Notice of Intent pursuant to Section 163.3184(16), Florida Statutes, for the adopted remedial amendment in accordance with this Agreement. 8. Compliance Determination. a. If the adopted Remedial Plan Amendment satisfies this Agreement, DCA shall Issue a cumulative Notice of Intent finding the Remedial Plan Amendment as being in compliance. b. If DCA determines that the Remedial Plan Amendment does not satisfy this Agreement, DCA may issue a Notice of Intent finding the Remedial Plan Amendment not in compliance. In that event, Petitioners and the County reserve the right to proceed to hearing in this matter. Page 5 of! 0 c. If the Remedial Plan Amendment adopted by the County is accepted by the DCA, although not in the same form as the remedial amendment attached to this Agreement as Exhibit B, Petitioners reserve the right to file a petition or otherwise proceed with respect to issues arising out of any change made to the Remedial Plan Amendment after the execution of this Agreement, pursuant to Section 163.3184(9) and (16), Florida Statutes. 9. Effect of Amendment. Adoption of any Remedial Plan Amendment shall not be counted toward the frequency restrictions imposed upon plan amendments pursuant to Section 163.3187(1), Florida Statutes. 10. Purpose of this Al?:reemeut; Not Establishiul?: Precedent. The parties enter into this Agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy and unnecessary litigation and in recognition of the desire for the speedy and reasonable resolution of disputes of government related land use arising out of or related to the TVC Amendments. The acceptance of proposals for purposes of this Agreement is part of a negotiated agreement affecting many factual and legal issues and is not an endorsement ot: and does not establish precedent for, the use of these proposals in any other government related circumstances or by any other local government. 11. Approval by Governiul?: Body. This Agreement has been approved by the County's governing body at a public hearing advertised at least 10 days prior to the hearing in a newspaper of general circulation in the manner prescribed for advertisements in Section I63.3l84(15)(c), Florida Statutes. This Agreement has been executed by the appropriate officer as provided in the County's charter or other regulations. Page 6 of 10 12. Chane:es in Law. Nothing in this Agreement shall be construed to relieve the parties from adhering to the law, and in the event of a change in any statute or administrative regulation inconsistent with this Agreement, the statute or regulation shall take precedence and shall be deemed incorporated in this Agreement by reference. 13. Other Persons/Propertv Unaffected. Nothing III this Agreement shall be deemed to affect the rights of any person not a party to this Agreement. This Agreement is not intended to benefit any third party or property. 14. Attornev Fees and Costs. Each party shall bear its own costs, including attorney fees, incurred in connection with the above-captioned cases and this Agreement. 15. Order of Execution and Effective Date. The parties agree that this Agreement shall be sent tirst to Petitioners, and then to DCA for execution. Once Petitioners and DCA have executed the Agreement, the Agreement shall be submitted to the County's Board of County Commissioners for approval and execution. This Agreement shall become effective immediately upon execution by the Board of County Commissioners. Intervenors also may execute and join in this Agreement. 16. FilinlZ and Continuance. This Agreement shall be filed with DOAH by DCA after execution by the parties. Upon the filing of this Agreement, the above-styled administrative proceedings as to the TVC Amendments shall be stayed by thc Administrative Law Judge in accordance with Section 163.3184(16)(b), Florida. Statutes. The parties to this Agreement agree that such stay shall not apply to DOAH Case No. 07-5061 in which APA Emerson @ Indrio, LLC, is challenging the TVC Amendments. Page 7 ofl 0 17. Construction of Al!reement. All parties to this Agreement are deemed to have participated in its drafting. In the event of any ambiguity in the terms of this Agreement, the parties agree that such ambiguity shall be construed without regard to which of the parties drafted the provision in question. 18. Entire Al!reement. This is the entire agreement between the parties and no verbal or written assurance or promise is effective or binding unless included in this document. 19. Governmental Discretion Unaffected. This Agreement is not intended to bind the County in the exercise of governmental discretion which is exercisable in accordance with law only upon the giving of appropriate public notice and required public hearings. 20. Multiple Oril!inals. This Agreement may be executed in any number of originals, all of which evidence one agreement, and only one of which need be produced for any purpose. 21. Captions. The captions inserted in this Agreement are for the purpose of convenience only and shall not be utilized to construe or interpret any provision of this Agreement. In witness whereof, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. Page 8 of! 0 DEPARTMENT OF COMMUNITY AFFAIRS By: Date: ST LUCIE COUNTY By: Date: Date: EDGAR A. BROWN Date: BARBARA LEIN BROWN Date: JOSEPHINE BROWN, as Trustee BROWN RANCH, INC. BY: Date: [Name] [Title] Page 9 ofl 0 Approved as to form and legality: Date: Approved as to form and legality: Date: FLORIDA RESOURCES, LLC BY: Date: [Name] [Title] HORIZON TREE FARM, L.C. BY: Date: [Name] [Title] Date: VERNON SMITH Date: CHRIS SMITH Page 10 of 10 ORDINANCE NO. 08-010 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA, ADOPTING AMENDMENTS TO THE COMPREHENSIVE PLAN RELATING TO TOWNS, VILLAGES AND COUNTRYSIDE (TVC) ELEMENT, WHICH AMENDMENTS SHALL APPLY TO PROPERTY GENERALLY LOCATED WITHIN THE AREA DEPICTED ON EXHIBIT "A" HERETO, WHICH AMENDMENTS ARE ATTACHED AS EXHIBIT "B"; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND OTHER AGENCIES AS REQUIRED BY LAW; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the State of Florida, Department of Community Affairs ("DCA" or "Department"), is the state land planning agency and has the authority to administer and enforce the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes; and WHEREAS, St. Lucie County ("County") is a local government with the duty to adopt comprehensive plan amendments that are "in compliance;" and WHEREAS, the Plan Amendment adopted text amendments to the Future Land Use, Transportation, Recreation and Open Space, Intergovernmental Coordination, and Capital Improvement Elements of the Comprehensive Plan, adopted four future land-use map amendments, and created the Towns, Villages and Countryside Element; and WHEREAS, Petitioners (Brown, et, 01.) own properties within the area that is the subject of the TVC Amendments, and are the Petitioners in the above-styled cases; and WHEREAS, the County adopted the TVC Amendments by Ordinance Nos. 06-019 and 07-037 on May 16, 2006 and June 5, 2007, respectively; and WHEREAS, DCA issued its Cumulative Notice of Intent dated July 19, 2007 finding the TVC Amendments "in compliance"; and WHEREAS, pursuant to Section163.3184, Florida Statutes, Petitioners filed an amended petition challenging the TVC Amendments ("Petition"); and WHEREAS, the County and DCA dispute the allegations in the Petition regarding the TVC Amendments; and WHEREAS, the Petitioners have agreed that if the County adopts the amendments attached as Exhibit "B", the Petitioners will dismiss their Petition challenging the TVC amendments. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: Section 1. confirmed. Recitals Adopted. Each of the above stated recitals is hereby adopted and Section 2. Adoption of Towns. Villages and Countryside Comprehensive Plan Amendments. The Board hereby adopts the Towns, Villages and Countryside Comprehensive Plan Amendments, attached as Exhibit "B" hereto, which amendments shall apply to that property generally located in the Towns, Villages and Countryside comprehensive plan element boundary as more specifically depicted in Exhibit "AU hereto. Section 3. Severabilitv. The provisions of this Ordinance are declared to be severable and if any section, sentence, clouse or phrase of this Ordinance sholl for any reason be held to be invalid or unconstitutional, such decision sholl not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance sholl stand notwithstanding the invalidity of any part. Section 4. Transmittal. The County Growth Management Director is hereby directed to ensure that this Ordinance and all necessary supporting data and analysis and other relevant documents are forwarded within 10 working days to the Florida Deportment of Community Affairs, the Treasure Coast Regional Planning Counci I and other agencies in accordance with Rule 9J -011(5), Florida Administrative Code. Section 5. Effective Date. The effective date of the comprehensive plan amendments shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendments in compliance with Section 163.3184(1}(b), Florida Statutes, whichever is applicable. If a final order of noncompliance is issued by the Administration Commission, thèse amendments may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team. An Adopted amendment whose effective date is delayed by law shall be considered part of the adopted plan until determined to be not in compliance by final order of the Administration Commission. Then, it shall no longer be part of the adopted plan unless the Boord adopts a resolution affirming its effectiveness in the manner provided by law. After motion and second, on second hearing and adoption, the vote on this ordinance waS as follows: Chairman Joseph E. Smith Vice Chair Paula A. Lewish Commissioner Doug Coward Commissioner ChriS Craft Commissioner Charles Grande xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED this _ day of .2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney o CJ :J W (j) C :J U1 ::J" S' (j) --- OJ (j) õ" ::J" (j) ..., ~ ... · . · . · . · . · . ... . < o m CP :3 CP ::J .-+ z o ;::¡. ::J" () o C ::J .z (JJ .-+ C 0.. '< » ..... CP tl.l OJ o C ::J a. tl.l -< o o --.J (.11 ? :-' *" (11 r0 r0 Ü1 w s: .", ~ Q) ;; J u ~ . "0 :i ". ro ~ £.\ v ~.;{ Q) . ~ ill 1; ~. 0. ~ '" ;;;: § <S" ~ ~-t .... ~ ~ .J;>. ~ \t~".ld tv :¡ I. . o ~~:. o ~1; --.J ' þz EXHIBIT B REMEDIAL AMENDMENTS 1. Amend Policy 3 .1.1.2( c), North St. Lucie County Maximum Allowable Development Program, by inserting the following additional language following Table 3-1 : The maximum development amounts in the above table apply only within the area that has the TVC land use designation, as depicted on Figure 3-2. For example, and without limitation of the foregoing statement, the retail uses depicted outside the area of the TVC land use designation on Figure 3- 13, North St. Lucie General Retail Development Plan, both to the east and the west of the TVC land use designation area, are not limited by the Maximum Allowable Development Program as set forth in this Policy 3 .1.1.2( c). This shall not be deemed to limit or modify provisions of this Comprehensive Plan as they may apply outside the area that has the TVC land use designation. 2. Renumber the present Policy 3 .1.1.2( d) as 3 .1.1.2( e), and add a new Policy 3 .1.1.2( d) to read as follows: d) Within 90 days following the County's approval of any final development order allowing a commercial/retail use by which the total amount of commercial/retail (including office) use approved for development within the area subject to the I'VC land use designation equals or exceeds 3,500,000 square feet of building area, the County shall initiate a special review process by which it shall consider whether a Plan amendment is appropriate that would increase the maximum of 5,000,000 square feet of commercial/retail uses, including any appropriate regional commercial use, permitted within such area as set forth in Policy 3. 1. 1.2(c) Table 3-1, Maximum Allowable Development Program. 3. Amend Figure 3-13, North St. Lucie General Retail Development Plan, to provide for a Neighborhood Center at the intersection of New East-West "D" Road and New North-South "C" Road as depicted on Figure 3-15, North St. Lucie County Future Street Network Plan - 2030. 4. Amend the definition of Mixed Use Business District to read as follows: Mixed-Use Business District: An area that due to its location has the development potential to specialize in terms of accommodating significant business functions. A Mixed-Use Business District should include a variety of uses and is encouraged to provide a place for large offices that may be too intense for the Neighborhood, as well as for regional commercial uses, targeted industry, higher education/research facilities, other office uses, and residential uses. Land located within the Mixed-Use Business District may also develop pursuant to the density and intensity established by the 2 Transferrable Development Value Map (Figure 3-3) and otherwise in accordance with the Goals, Objectives, and Policies of the TVC. 5. Amend Table 11-13, North St. Lucie County Special Area Plan, Long-Term Transportation Capital Improvements Program, so that the four roadway projects projected for 2050 are instead projected for 2030. Also, Amend Figure 3-15, North St. Lucie County Future Street Network Plan - 2030, to remove the notation in the lower right corner to the effect that the extension of Immokolee Road to the west and the interchanges at 1-95 and the Florida Turnpike, are "Proposed by 2050." Pursuant to law, the County will coordinate Table 11-13 and Figure 3-15 with the MPO Plan. 6. Amend Policy 3.1.4.14, Monitoring and Evaluation of the TVC, to read as follows: Policy 3.1.4.16: Monitoring the TVC. The County shall monitor the implementation of the TVC on an ongoing basis. Within four years of the effective date of the TVC Element, the County, working in conjunction with the Treasure Coast Regional Planning Council and a committee of ten local residents and property owners in the TVC area, will evaluate the performance of the goals, objectives and policies as well as the land development regulations, including the Transfer of Development Rights program, and management of the Open Space. Each member of the Board of County Commissioners shall appoint two members of such committee. of which at least one shall be an owner of property within the TVC area. Such evaluation process will include, without limitation, specific evaluation of the following components ofTVC: a) Workforce housing supply and demand; b) Retail, commercial, and industrial supply and demand to meet local and regional economic development needs, including the amount of existing and approved retail, commerciaL and industrial uses in the TVC and the continued appropriateness of the commercial development cap in Table 3-1. 3 c) TDR suµply and demand; d) Water and wastewater capital improvements. supply, demand, and anv adiustments necessarY to the capital improvements schedule, to the extent not already addressed in the County's annual updates of the schedule and the utilities master plans of utility providers in the TVC area; e) Transportation impacts and progress towards implementing the Future Street Network Plan depicted on Figure 3-15, and any adíustments necessary to the capital improvements schedule, to the extent not already addressed in the County's annual updates of the schedule; and f) Effective coordination with other government and legislative agencies, such as MPO, SFWMD, FPFWMD, FDOT, DEP, City of Fort Pierce, Ft. Pierce Utility Authority. and Indian River County. g) The adoption and implementation of special assessment districts pursuant to Policy 3.1.9.16. h) Potential options to meet the Countryside and Open Space Requirements beyond those options contained in the TVC that maintain the purposes behind the Countryside and Open Space Requirements. i) Experience with administration. management, and maintenance of Open Space and Countryside areas. j) Patterns of development occurring within TVC. and the need for possible alternative patterns. Based on this evaluation. the County will adopt appropriate modifications to the TVC Element to resolve any issues related to implementation these or other components of the plan. Subsequent evaluations shall occur no less than every four years. This policy shall not prohibit any party from initiating anv other Plan amendment. 7 . [Add attached amendment to deal with 2007 legislation] 8. [Add amendments to clean up "adopted" vs "effective date" where policies trigger required actions by County, i.e., Policies 3.1.6.7, 3.1.9.16, and 1.1.2.9.] 4 01/11/08 FZABWARR FUND 001 001164 001167 001180 001181 001183 001195 001404 001417 001419 001420 001424 001814 101 101001 101002 101003 101004 101006 102 102001 105 107 107001 107002 107003 107006 107204 109 129 140 140001 150 160 183 183001 183003 183004 183006 185006 185007 185009 189201 316 316001 39007 397 398 ST. LUCIE COUNTY - BOARD WARRANT LIST #15- 05-JAN-2008 TO 11-JAN-2008 FUND SUMMARY TITLE General Fund USDOJ Violence Against Women Grant FTA Section 5303 Grant FY 05 US Dept Housing HUD Shelter Plus Gr FTA Section 5307 Operating & Capita Section 112/MPO/FHWA/Planning 2007 Community Services Block Grant 05 CDBG Sup Disaster Recovery FDCA St. Lucie Co. Special Needs Sh FDCA-Construct County EOC TDC Planning Grant 07 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 Unincorporated Services'Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology FL Dept Juvenile Justice-DMC Civil Drug Abuse Fund Parks MSTU Fund Port & Airport Fund Port Fund Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Teen Court Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP FY05/06 FHFA SHIP FY06/07 FHFA SHIP 2007/2008 FHFC Hurricane Housing Recovery PIa County Capital Transportation Capital Indian River Estates MSBU Lennard Road 2 - Water Capital Lennard Road 3 - Sewer Capital EXPENSES 2,655,430.92 17.51 121.73 50.94 501.60 2,792.33 408.94 378.95 179,533.49 55.18 259.52 1,888.49 382.10 20,483.11 265.30 52,140.71 23,598.34 27,309.71 121,431.77 55,977.15 10,818.59 1,936.46 3,625,481.61 295.41 583.75 114,170.44 7,817.78 457.14 35.00 17,065.00 53,112.40 58.79 1,320.14 4,340.72 4,086.66 340.00 1,598.62 1,292.55 4,359.48 10.87 106.69 185.85 4,799.35 888,411.53 655.47 58,211.25 1,200.00 800.00 PAGE 1 PAYROLL 658,872.10 0.00 132.15 0.00 0.00 3,905.82 1,438.97 1,381.00 0.00 0.00 449.23 0.00 1,391.91 42,732.06 953.77 44,606.58 34,245.07 20,656.87 0.00 88,186.74 6,130.40 0.00 186,412.69 1,081.20 2,128.40 0.00 8,488.00 1,629.92 0.00 0.00 17,243.42 0.00 1,264.81 3,700.14 1,340.13 0.00 0.00 4,273.50 0.00 0.00 0.00 1,083.16 5,597.05 0.00 0.00 0.00 0.00 0.00 '!J 01/11/08 FZABWARR ù 401 418 451 458 461 471 478 479 491 505 505001 611 615 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST *15- 05-JAN-2008 TO 11-JAN-2008 FUND SUMMARY TITLE Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund Law Library Bank Fund GRAND TOTAL: EXPENSES 118,618.31 18,947.93 2,046.88 197.41 43,528.88 8,831.64 381.96 349.30 18,497.52 421,787.03 4,243.76 36,511.71 2,624.84 8,099.37 308,806.67 8,940,052.55 PAGE 2 PAYROLL 77,145.78 24,350.35 1,587.26 707.99 18,463.69 8,655.41 1,162.61 1,360.91 57,479.82 3,776.86 2,340.00 0.00 0.00 0.00 0.00 1,336,355.77 .. AGENDA REOUEST (lóì ITEM NO: DATE: January 15,2008 REGULAR PUBLIC HEARING CONSENT [X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Debra Brisson SUBJECT: TRADITION FIELD FY07/08 CAPITAL IMPROVEMENTS BACKGROUND: Pursuant to contract C03-08-457 between Saint Lucie County and Sterling Facilities Services (SFS), signed on August 1,2003, staff requests the Board's approval to proceed with the yearly capital improvements submitted by SFS on January 3, 2008. Similar to FY06-07, SFS will manage the improvements, at a cost not to exceed $257K, on a reimbursable basis with appropriate substantiating documents. The projects are as follows: 1. Audio visual equipment for conference room 3. Tiki canopy on left field terrace 5. Microwave and gas range for minor league cafeteria 7. Increase size of players parking lot at main stadium 9. Direct TV capability for outer concourse 11. High top tables for left field terrace 13. Mirrors for minor league weight room 15. Storage room for minor league weight room 17. Concrete wall for conditioning at minor league 19. Renovate minor league trainers work station 21. Change field #7 to new Citi Field dimensions 2. Improvements to press box inside main stadium 4. Tables in minor league cafeteria 6. Concrete path near minor league cafeteria and umpire entrance 8. Speaker system for main concourse 10. Youth baseball fence and mound 12. Additional electric in minor league conference room 14. Audiovisual equipment for minor league conference center 16. Increase size of batters eyes on field #5 18. Cabinets for minor league trainer's room 20. Extension of dugouts on field #5 FUNDS WILL BE MADE AVAILABLE IN: 362-75201-563000-700 Tradition Field (TDC) (Infrastructure) RECOMMENDATION: Staff recommends the Board's approval to allow SFS to proceed with the projects at a cost noUo exceed $257K. Funds will be made available from loan proceeds. No expenses will be incurred until loan is secured. COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: ou derson County Administrator Coordination/S ignatures County Attorney: ~ Management & Budget: Originating Dept: Other: f,-~ ~ Purchasing: AdminJFinance (if applicable) . - . Board or County Commissioners Parks & BeereaUon Department MEMORANDUM To: Board of County Commissioners From: Parks Manager, Parks and Recreation Thru: Director, Parks and Recreation Subj: TRADITION FIELD FY07-08 CAPITAL IMPROVEMENTS Date: January 15,2008 Pursuant to contract C03-08-457 between Saint Lucie County and Sterling Facilities Services (SFS),signed on August 1, 2003, staff requests the Board's approval to proceed with the yearly capital improvements submitted by SFS on January 3, 2008. Similar to FY06-07, SFS will manage the improvements, at a cost not to exceed $257K, on a reimbursable basis with appropriate substantiating documents. The projects are as follows: 1. Audio visual equipment for conference room 3. Tiki canopy on left field terrace 5. Microwave and gas range for minor league cafeteria 7. Increase size of players parking lot at main stadium 9. Direct TV capability for outer concourse 11. High top tables for left field terrace 13. Mirrors for minor league weight room 15. Storage room for minor league weight room 17. Concrete wall for conditioning at minor league 19. Renovate minor league trainers work station 21. Change field #7 to new Citi Field dimensions 2. Improvements to press box inside main stadium 4. Tables in minor league cafeteria 6. Concrete path near minor league cafeteria and umpire entrance 8. Speaker system for main concourse 10. Youth baseball fence and mound 12. Additional electric in minor league conference room 14. Audiovisual equipment for minor league conference center 16. Increase size of batters eyes on field #5 18. Cabinets for minor league trainer's room 20. Extension of dugouts on field #5 ~,fE¡ll. ~~.. STERLING FACILITY SERVICES, L.L.C January 3.2008 Doug Anderson County Administrator St. Lucie County 2300 Virginia Ave. Fort Pierce. Fl 34952-5652 Dear Doug. Per the facility use agreement. I am writing to request approval for the following capital improvement projects listed below for the 2008 season. I have attached the project quotes for your review. As in previous years. Sterling Facility Services will manage all approved projects and submit reimbursements to St. Lucie County with appropriate substantiating documents. With Spring Training approaching, time is of the essence. We would like to begin work as soon as possible, with the hopes of completion by February I. 2008. 2008 Capitallm 1 'ovements · Audio visual equipment for conference center Improvement to press box of main stadium Tiki canopy on lell tield terrace · C.tèteria tables for minor league calèteria · Commercial microwave and gas range for minor league cafeteria Concrete walkway for deliveries to minor league calèteria and umpire entrance Increase size of players parking lot at main stadium · Speaker system for main concourse Direct TV capability for outer concourse Youth baseball fence and mound High top tables for left lield terrace · Additional electric in minor league conference room · Mirrors for minor league weight room · Audio visual equipment lor minor league contèrence center · Storage room for minor league weight room · Increase size ofbattcrs eyes on Field #5 · Construct a concrete block wall for conditioning at minor league facility · Cabinets lor minor league trainers room · Renovate minor league trainers work station · Extension of dugouts on Field #5 · Change dimension of Field #7 to new Citi Field dimensions As always. thank you for your time and cooperation. /7dS. ¿ ~Tagli l' Director 0 lorida Operations Cc; Karl Smolarz Debra Brison. Guy Medor 523 NW Peacock Blvd. · Port St. Lucie, Florida 34986 · (772) 871-5473 . Fax (772) 871-5477 .. t Tradition Stadium Capital Improvement Obligation DEPARTMENT ITEM Annual Obligation FY06 Parks & Rec Item C-4B Item C-4C Item C-7B Item C-7B Overage from last year's expenses (Minor League Kitchen) Pmt in connection with Minor League Kitchen construction Patio Pavilion construction at Tradition Field Increase cost of Patio Pavilion at Tradition Field Improvements requested by Sterling Facilities (see agenda) Annual Obligation FY07 Item C-9F Capital Improvements Balance FY07: Annual Obligation FY08 County Contribution to Tradition,xls ACCOUNT # AMOUNT DATE 362-75201-563000-1905 $160,423 0.00 27,220.00 11/8/2005 66,286.00 11/8/2005 4,680.00 12/20/2005 27,454.88 12/20/2005 Total used: 125,640.88 Balance Available 34,782.12 160,423.00 98,346.4 7 11/4/2006 96,858.65 160,423.00 Balance Available 257,282 .; ~ AGENDA REQUEST ITEM NO: C-3 DATE: January 15, 2008 REGULAR [ ] PUBLIC HEARING [] CONSENT ~] INVESTMENT FOR THE FUTURE TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson, Director SUBJECT: Fairgrounds Wastewater Treatment Plant Increase Capacity Project - EOC, RV Park, Adams Arena Concession/Restroom Bldg / Request to þid/Approve Budget Resolution No. 08-043/ Budget Amend.ment No. BA08-008 ~. BACKGROUND: In 2006, the BOCC approved th. St. Lucie County Fairgrounds as the site for the County's new Emergency Operation Center (EOC).On 4/17/2007, the BOCC approved a Work Authorization with Masteller & Moler, Inc. to provide engineering/deslgn services to increase the existing wastewater plant capacity from 16,250 GPD to. 32,500 GPD In order to accommodate the wastewater needs of the new EOC facility; as well as those of the current ~nd anticipated fJJture needs of the Fairgrounds including the RV sites and new concession/restroom addition at Adams Arena. Also on 4/17/2007, the BOCC approved staffs request to go to bid for the project and approved the use of IFF funds in the amount of $299,376 to cover the Fairgrounds 55% proportionate share of coàts, $154,224 from EOCproJect funds to cover 34% proportionate share of costs and a $50,000 contribution from the Fair Association to cover their 11 % proportionate share of costs based upon Mastener & Molér's estimated construction cost for the project of $400,000. In November, following completion of the construction documents and permitting, a new construction cost estimate of approximately $1,073,000 was received from Mosten.r & Moler. Due to the considerable difference between the construction estimates, àttached is a letter from Masteller & Moller further outiining the reasons for the disparity between the original and new eonstruction cost estimates. PREVIOUS J\CTION: Please see background. FUNDS ARE AVAILABLE IN: 316-7420.-563000-7655 (IFF Fairgrounds Infrastructure) 001...7420-562000-7803 (Fairgrounds FEMA Lease) 001419-2510~562000-7655(Eoç Grant Match) RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize staff to go to bid for the Fairgrounds/EOC wastewater treatment plant capacity, and approve additional funding for the project in the amount of $673,687 ..12 Increasing the total construction budget to $1,073,687.12 and approve Budget Resolution No. 08-043 and Budget Amendment No. BA08-008. C3 Pulled prior to meeting. COMMISSION ACTION: [ l APPROVED [] DENIED lXl OTHER: County Attorney: ~.., Originating Dept: Coordination/Sianatures Mgt & Budget: 1::(() :~ Purchasing: Public Works: ~ Other: .Øl7 · . BOARD OF COUNTY COMMISSIONERS PARKS & RECREATION DEßP.A OP.ISSON Director To: Board of County Commissioners From: Debbie Brisson, Director Subject: Agenda C-3 / WWTP Expansion/Fairgrounds-EOC/Request to bid Approve Budget Resolution No. 08-043/Budget Amendment No. 08-008 Date: January 15, 2008 In 2006, the BOCC approved the St. Lucie County Fairgrounds as the site for the County's new Emergency Operation Center (EOC). On 4/17/2007, the BOCC approved a Work Authorization with Masteller & Moler, Inc. to provide engineering/design services to increase the existing wastewater plant capacity from 16,250 GPD to 32,500 GPD in order to accommodate the wastewater needs of the new EOC facility; as well as those of the current and anticipated future needs of the Fairgrounds including the RV sites and new concession/restroom addition at Adams Arena. Also on 4/17/2007, the BOCC approved staff's request to go to bid for the project and approved the use of IFF funds in the amount of $299,376 to cover the Fairgrounds 55% proportionate share of costs, $154,224 from EOC project funds to cover 34% proportionate share of costs and a $50,000 contribution from the Fair Association to cover their 11 % proportionate share of costs based upon Masteller & Moler's estimated construction cost for the project of $400,000. In November, following completion of the construction documents and permitting, a new construction cost estimate of approximately $1,073,000 was received from Mosteller & Moler. Due to the considerable difference between the construction estimates, attached is a letter from Masteller & Moller further outlining the reasons for the disparity between the original and new construction cost estimates. Cc: D. Anderson, County Administrator L. Lowery, Asst. County Adm. L. Case, Utilities Director File JOSEPH E. SMITH, Disrricr No.1' DOUG COWARD, District No, 2 . PAULA A. LEWIS. DistriCT No. 0 . CHARLES GRANDE, District No.4· CHRIS CRAFT, District No.5 County Adminisrroror - Douglo~ M. Anderson 2300 Virginia Avenue · Fort Pierce, Florida 34982-5652 Phone (772) 462-1518 · Fax (772) 462-1940 · E-mail: brissond@co.st-Iucie.fl.us www.co.st-Iucie.fl.us ~ MASTELLER & MOLER, INC. - CIVIL ENGINEERS - December 21, 2007 Mr. Raymond Murankus St. Lucie County Utilities Department 2300 Virginia Avenue Ft. Pierce, Florida 34982 RE: St. Lucie County Fairgrounds Wastewater Treatment Plant Expansion Background on Engineering Estimate of Construction Cost Our File # 0702 Dear Ray: I am writing this letter in response to your telephone request of today. I understand that the latest price from Ditchdiggers, Inc. covering the construction cost of the referenced plant expansion is approximately $1 ,OOO,OOOºº which far exceeds our Engineer's Estimate of $400,00000. and you wish to have an explanation. I certainly understand your concern for this cost difference and welcome the opportunity to explain how my construction cost estimate of $400,OOOQQ was developed. I am aware that the original Wastewater Treatment Plant was constructed with a substantial amount of material and labor contributed by various contractors that had ties with the Fair Association and that several departments of St. Lucie County also were involved with supplying labor and/or material in an effort to complete the installation prior to the first Fair. I recall having a difficult time establishing what the actual cost of constructing the original plant was but I concluded it was in the neighborhood of $350,000QQ. I discussed the construction of the plant expansion, which is a duplicate of the equipment used in the original plant, with Ray Wazny, then the Assistant County Administrator. Ray Wazny informed me to assume the plant expansion will be constructed using the same arrangement as was done with the original plant. In other words, assume that a good deal of labor and material was going to be contributed by various contractors that had ties with the Fair Association and County departments including the Road and Bridge Department which would excavate and supply the sand for the drain field portion of the groject. On that basis, I assumed an inflation factor and increased the original plant construction cost of $350,000- by an additional $50,OOOºº. The result was the Engineer's Construction Cost Estimate of $400,OOOºº. I am in agreement that the Ditchdiggers, Inc.'s construction cost of approximately $1,000,000ºº is a reasonable price considering that the contributions by County departments, which were anticipated in my construction cost estimate, are not going to occur. I hope that this clarifies the matter and if you have any additional questions or concerns, please do not hesitate to contact me. Sincerely yours, MASTELLER & MOLER, INC. (., --.({6vU1~ Earl H. Masteller,V P~WVIÁ..A..- President EHMlcab File#0702 (slcu_murankus_cost est explanation_122107.doc) 1655 27th Street, Suite 2 Vera Beach, Florida 32960 Phone: (772) 567-5300 Fax: (772) 794-1106 E-Mail: mastmolr@bellsouth.net RESOLUTION NO. 08-043 WHEREAS, subsequent to the adoption of the S1. Lucie County Board of County Commissioners budget for S1. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of rent from the Federal Emergency Management Agency (FEMA) in the amount of $327,250 which will be used to increase capacity for the Wastewater Treatment Plant at the Fairgrounds. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida, in meeting assembled this 15th day of January, 2008, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2007 -2008, and the County's budget is hereby amended as follows: REVENUES 001-7420-362001-7655 Rent $327,250 APPROPRIATIONS 001-7420-563000-7655 Infrastructure $327,250 After motion and second the vote on this resolution was as follows: Commissioner Joseph E. Smith, Chairperson Commissioner Paula Lewis, Vice Chairperson Commissioner Chris Craft Commissioner Doug Coward Commissioner Charles Grande xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 15th DAY OF JANUARY, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Parks & Recreation PREPARED DATE: 12/20/2007 AGENDA DATE: 111512008 ,6.CqOUNÏ".N.I.IMf3gr{·· AèC;()UNTJ;~AME .. . . AMOUNT TO: 316-7420-563000-7655 Infrastructure $46,230 . FROM: 316-9910-599300-800 Reserves $36,230 316-9910-599330-800 Proiect Reserves $10,000 REASON FOR BUDGET AMENDMENT: For FairQrounds Wastewater Treatment Plant expansion. CONTINGENCY BALANCE: nla THIS AMENDMENT: n/a REMAINING BALANCE: nla DEPARTMENT APPROVAL: OMB APPROVAL: fL--;¥) BUDGET AMENDMENT #: BAOS-OOB DOCUMENT # & INPUT BY: · . L1NE-TO-L1NE TRANSFER REQUEST DEPARTMENT: Parks and Recreation - Fair ounds DATE: 12/20/2007 TO: 316-7420-563000-7655 Infrastructure $488,400.00 $0.00 FROM: 316-7210-562000-7670 316-7420-562000-7655 $488,400.00 $250,000.00 $238,400.00 $250,000.00 $238,400.00 REASON FOR TRANSFER: $488,400.00 Transfer mone for WTTP at Fair rounds. As per BOCC A end a Item # C-3 1/15/2008 CONTACT PERSON: DEPARTMENTAL APPROVAL: OMB APPROVAL: ADMINISTRATION APPROVAL: Elaine M. Messier, Admin. Support Co rd Linda Barton, Assistant Director PHONE #: 1524 OFFICE OF MANAGEMENT & BUDGET DEL 2. 0 ,/QIV - COUNTY FLORIDA OMB NOTES: $976,800 INPUT DATE: L1NE-TO-L1NE TRANSFER #:" INPUT BY: fir DOCUMENT #: · . .'{ .~ f~ l' ~- . .~: ,/ l' ., ~ }<" INVESTMENT FOR THE FUTURE AGENDA REQUEST ITEM NO: C-ga DATE: April 17, ,2007 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson Director SUBJECT: Wastewater Treatment Plant Capacity Increase ProjectJ Emergency Operations Center/Fairgrounds Facility. BACKGROUND: In 2006, the Board of County Commissioners approved the St. Lucie County Fairgrounds for location of the County's new Emergency Operation Center (EOC). In order to accommodate the wastewater needs of the new facility¡ as well as, those of the current and anticipated future needs of the facility including the . campgrounds and new concession/restroom addition at Adams Arena, it is necessary to Increase the wastewater treatment plant capacity from 16,250 GPD to 32,500 GPO with related modifications and/or additions to the pump station and effluent disposal bed. The cost of the project Is estimated to be $453,600 as Indicated in the attached Masteller & Moler, Inc. scope of services proposal. The cost of the project will be shared by the Parks & Recreation Department (55%) and the Emergency Operations Center (34%) based on maximum projected usage. The Fair Association is also contributing 550,000 (11%) towards the project Staff Is requesting that the Board of County Commissioners approve a Work Authorization with Masteller & Moler, Inc. to provide the engineering services related to the wastewater treatment plant capacity increase project as outlined In their attached scope of services. Due to the financial structure of the County's Utilities Department, a Development Agreement must be entered Into with"the Board of County Commissioners. Costs will be funded from Investment for the Future Funds In the amount of $299,376 to cover the Fairgrounds 55% proportionate share of costs and the Fair Association's $50,000 cåntribution. The Fair Association Is contributing $10,000 per year for 5 years for a total of $50,000 to reimburse the County for its share of the estimated $453,600 project cost. The first $10,000 payment wlll be remitted to the County at the May 23rd BOCC/Fair Association Workshop. Emergency Operations project funds in the amount of $154,224 wlll be used to cover Public Safety's 34% proportionate share of costs. PREVIOUS ACTION: N/A FUNDS ARE AVAILABLE IN: 316- 7420-562000-7655 (IFF-Infrastructure) $299,376 001419-2510-562000-7655 (EOC-Grant Funds-Building) 5154,224 -. (Fair Association $10,000x 5 yrs-VVill be used to reimburse the County) > " , RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Work Authorization with Masteller & Moler, Inc. to provide the engineering services related to the wastewater treatment plant capacity increase, approve the Development Agreement between the Board of County Commissioners and the County Utilities Department as drafted by the County Attorney, approve staff's request to go to bid for the project, approve the use of Investment for the Future Funds In the amount of $299,376 to cover the Fairgrounds 55% proportionate share of costs and Fair Associations $50,000 (11%) contribution. Accept the Fair Association's $50,000 (11%) contribution toward the cost of the project. Approve Public Safety's 34% proportionate share of costs in the amount of $154,224 from Emergency Operations Center (EOC) project funds. Approve Agreement with the Fair Association for its $50,000 contribution toward the Wastewater Treatment Plant Expansion Project as drafted by the County Attorney. COMMISSION ACTION: [' ~ APPROVED [] DENIED [ 1 OTHER: ApProved 4-0 (Commlu'....., Coward absent) (J Co'unty Attorney: . I, ::t Originating Dept: VZ/ I natures Purchasing: Other: AGENDA REQUEST ITEM NO. C4~ DATE: January 15, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): PUBLIC WORKS DEPT (4117) Don West Public Works Director SUBJECT: Request for Board approval of Locally Funded Agreement (LFA) with Florida Department of Transportation (FDOT) in the amount of $1 ,475,000.00 for funding of the Kings Highway PD&E Study and Resolution #08-047. BACKGROUND: The County is partnering with FDOT to make improvements to the Kings Highway corridor from SR 70/0keechobee Road to SR 5/US-1. The County is focusing on improving the local intersections while the State is working on widening the entire corridor. This portion of the project is for the Project Development & Environmental (PD&E) study of SR-713JKings Highway from SR 70/0keechobee Road to SR 5(US-1. The study will determine the alignment and identify the right-of-way for the widened roadway. The County is cost sharing with FDOT through a Locally Funded Agreement for this study and will be paying a lump sum in the amount of $1 ,475,000.00 which is a fifty percent match of the total project cost of $2,950,000.00. FUNDS AVAIL.: 318-4113-563000-4178 (Kings Highway - SR70 to US#1) PREVIOUS ACTION: 116107 - Approval of amendment #1 to work authorization #1 with Inwood Consultants for the design of Kings Highway & Indrio Road Intersection on the amount of $114,365.66. 11114/06 - Approval of work authorization #1 with Inwood Consultants for the design of Kings Highway & Indrio Road Intersection on the amount of $569,216.52. 7/11106 - Approval of amendment #1 to work authorization #2 with Kimley Horn and Assoc. for the design of Kings Highway & Orange Avenue Intersection on the amount of $5,900.00. 10126104 - Approval of work authorization #2 with Kimley Horn and Assoc. for the design of Kings Highway & Orange Avenue Intersection on the amount of $90,500.00. 8/12103 - Approval of work authonzation #11 with Kimley Horn and Assoc. for the design of Kings Highway & Orange Avenue Intersection on the amount of $1 0,950.00. RECOMMENDATION: Public Works staff is requesting the Board of County Commissioners approve the attached Locally Funded Agreement with FDOT in the amount of $1,475,000.00 for funding of the Kings Highway PD&E Study and Resolution #08-047 with signature by the Chairman. COMMISSION ACTION: CïJCAPPROVED 0 DENIED o OTHER: Approved 5-0 [X]Management and Budget: (1"0 ~ X]Originating Dept: (Pub. Wks.1 ~t'[X]county Attorney: íXjPür¡;nãsiñg: . :17)' ( û P..ïks ;. Recïeatiûii: / [X] Finance: Check for copy only, if applicable: û E"ÿirûnmeiital Lands: D Other PUBLIC WORKS DEPARTMENT ADMINISTRATION MEMORANDUM FROM: Board of County Commissioners Don West, Public Works Director r1~ . January 15,2008 TO: DATE: RE: Locally Funded Agreement Approval with FDOT for Kings Highway PD&E Study *****************.****************************************************************************************** BACKGROUND: The County is partnering with FDOT to make improvements to the Kings Highway corridor from SR 70/0keechobee Road to SR 5/US-1. The County is focusing on improving the local intersections while the State is working on widening the entire corridor. This portion of the project is for the Project Development & Environmental (PD&E) study of SR- 713/Kings Highway from SR 70/0keechobee Road to SR 5/US-1. The study will determine the alignment and identify the right-of-way for the widened roadway. The County is cost sharing with FDOT through a Locally Funded Agreement for this study and will be paying a lump sum in the amount of $1,475,000.00 which is a fifty percent match of the total project cost of $2,950,000.00. RECOMMENDATION: Public Works staff is requesting the Board of County Commissioners approve the attached Locally Funded Agreement with FDOT in the amount of $1 ,475,000.00 for funding of the Kings Highway PD&E Study and Resolution #08-047 with signature by the Chairman. Contract No.: Financial Project No.: 230156-5-12-01 COUNTY: ST. LUCIE COUNTY STATE OF FLORIDÄ DEPARTMENT OF TRANSPORTATION TRANSPORTATION REGIONAL INCENTIVE PROGRAM LOCALLY FUNDED AGREEMENT THIS Transportation Regional Incentive Program Agreement ("Agreement"), entered into this day of . 20o_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT," and ST. LUCIE COUNTY, hereinafter referred to as the "COUNTY." WITNESSETH WHEREAS, the COUNTY is willing to provide the DEPARTMENT with financial assistance under Financial Management (PM) No. 230256-5-22-81 for Project Development and Environmental (PD&tE) Study of SR-713/Kinp Highway from SR-70 to SR-5IUS-I. Refer to Exhibit A, Scope of Serviees attached hereto and made of part hereof; and WHEREAS, for the purposes of this Agreement, PD&tE Study of Kings Highway is hereinafter referred to as the "PROJECT," in accordance with Fla. Stat. 1339.2819; and WHEREAS, the DEPARTMENT has the authority, under Fla Stat. §334.044, to enter into this Agreement; and WHEREAS, the Transportation Regional Incentive Program was created by Fla. Stat. 1339.2819 to provide funds to improve regionally significant transportation facilities in "regional transportation areas" pursuant to Fla. Stat. 1339.155 (5); and WHEREAS, the COUNTY has certified to the DEPARTMENT that it has met the eligibility requirements of Fla. Stat. 1339.2819; and WHEREAS, the Treasure Coast Transportation Council, acting as a designated regional partnership under Fla. Stat. 1339.155 (5)(e) and fonned by and interlocal agreement, designated SR-713/Kinp Wghway as a regional facility; and WHEREAS, the COUNTY by Resolution No. dated the day of ,200-, a copy of which is attached hereto and made a part hereof, has authorized the Chainnan of its Board of Commissioners or designee to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the parties agree as follows: I. The recitals set forth above are true and correct and are deemed incorporated herein. 2. SERVICES AND PERFORMANCE A) The PROJECT consists of Project Development and Environmental (PD&tE) Study ofSR-713/Kinp Highway from SR-70 to SR-51VS-l. B) The ü:ErARTMENl agrees to undertake the PROJECT in accordance with all applicable federal, state and local statutes, roles and regulations, and standards. Page 1 C) The COUNTY agrees to make all previous studies, maps, drawings, swveys and other data and infonnation pertaining to the Project available to the DEPARTMENT at no extra cost. D) The DEPARTMENT shall have the sole responsibility for resolving claims and requests for additional work for the Project. The DEPARTMENT will make reasonable efforts to obtain the COUNTY input in its decisions. E) The DEPARTMENT agrees to provide schedule progress reports to the COUNTY in the standard fonnat used by the DEPARTMENT and at intervals established by the DEPARTMENT. The COUNTY will be entitled at all times to be advised, at its request, as to the status of work being done by the DEPARTMENT and the details thereot Either party to the Agreement may request and be granted a conference. F) All tracings, plans, specifications, maps, and/or reports prepared or obtained under this Agreement shall become the property of the DEPARTMENT without restriction of limitation on their use. G) All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: Florida Department of Tranlportation 3400 West Commercial Blvd. Fort Lauderdale FL 33309-3421 Attn: Arleen Doo With a co to: Richard Y oun 2. TERM A) Except as otherwise set forth herein, the term of this Agreement commences upon its execution by both parties and shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until the PROJECT is completed as evidenced by the written acceptance of the DEPARTMENT or Deeember 31, 2013, whichever occurs first. B) This Agreement shall not be renewed. Any extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions as set forth in this Agreement and contingent upon the DEPARTMENT'S Director of Transportation Development or Designee's approval. 3. COMPENSATION AND PAYMENT A) The COUNTY and the DEPARTMENT agree to share the cost of this PROJECT FM# 230256-5-22-01. The COUNTY agrees to provide one-half (1/2) of the cost for PROJECT expenditures and the DEPARTMENT agrees to provide the other one-half (1/2) pursuant to Fla. Stat. 1339.2819. Page 2 B) The estimated total cost as set forth in the DEPARTMENT'S adopted work program for this PROJECT is TWO MILUON NINE HUNDRED IfD"!'}' THOUSAND DOLLARS ($2,950,000.00). The estimated COUNTY share for one-half (1/2) the PROJECT is ONE MILLION FOUR HUNDRED SEVENTY FIVE THOUSAND DOLLARS (51,475,000.00). The estimated DEPARTMENT share for one-half (1/2) the PROJECT is ONE MILLION FOUR HUNDRED SEVENTY FIVE THOUSAND DOLLARS (51,475,000.00) for actual costs incurred during the PROJECT. In the event actual cost of the PD&:E Study is less than the COUNTY'S share of ONE Mll.J,JON FOUR HUNDRED SEVENTY FIVE THOUSAND DOLLARS (51,475,000.00) the difference shall be refunded to the PARTICIPANT. In the event the PD&E Study exceeds the amount of TWO MILLION NINE HUNDRED FIFTY THOUSAND DOLLARS (52,950,000.00), the additional sum will be equally shared by the DEPARTMENT and the COUNTY. The COUNTY agrees that it will, no later than February lit, 2008, furnish the DEPARTMENT with a check in the amount of ONE MILLION FOUR HUNDRED SEVENTY FIVE THOUSAND DOLLARS (51,475,000.00) towards the Project Costs. Remittance shall be made payable to the Department of Financial Services, Revenue Processing. Payment shall be clearly marked to indicate that it is to be applied to FM Project No.: 230256-5-22-01. The DEPARTMENT shall utilize this amount towards costs of project 230256-5-22-01. C) The DEPARTMENT'S obligation to pay any sum pursuant to this Agreement is contingent upon an annual appropriation by the Florida Legislature. D) In the event PROJECT modifications increase or exceed the amount authorized in paragraph 3 (B), the DEPARTMENT and the COUNTY shall meet and attempt to mutually agree to the amount and distribution of the additional funding needed to fund the completion of the PROJECT. Any funding increase as a result of modifications to the PROJECT shall be added by means of an Amendment to the Agreement to be signed by both parties before work is undertaken. However, in the event the COUNTY and the DEPARTMENT fail to negotiate an Amendment for any reason whatsoever, the PROJECT shall not include such modifications. E) The DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work peñormed hereunder within three hundred and sixty days (360) offinal payment to the Consultant. The DEPARTMENT considers the project complete when the final payment has been made to the Consultant, not when the Environmental Study is complete. All project cost records and accounts shall be subject to audit by a representative of the COUNTY for a period of three (3) years after final close out of the project. The COUNTY will be notified of the final cost. Both parties agree that in the event the final accounting of total project costs pursuant to the terms of this Agreement is iess than the total deposits to date, a refund of the excess ·will be made by the DEPARTMENT to the COUNTY. If the final accounting is not performed witlún three hundred and sixty (360) days, the COUNTY is not relieved from its obligation to pay. F) The payment of funds under tlús Locally Funded Agreement will be made directly to the Department of Financial Services, Division of Treasury for deposit as provided in the attached Memorandum of Agreement (MOA) between the COUNTY, the DEPARTMENT and the State of Florida, Department of Financial Services, Division of Treasury- a copy of which is attached hereto as Exhibit "B". G) Should the DEPARTMENT and the COUNTY decide to proceed with subsequent phases of the Project, the AGREEMENT may be amended to identify the respective responsibilities and the financial arrangements between the parties. 4. ROADWAY LEVEL OF SERVICE A) Fla. Stat. §163.3180 requires that facilities funded through the Transportation Regional Incentive Program adopt the level of service standards established by the DEPARTMENT for the PROJECT limits. B) The logical termini for level of service purposes are SR-713/Kings Highway are SR70/0keechobee Road to SR-S/US-l. C) The COUNTY agrees that once the additional capacity from the PROJECT is available for purposes of concurrency under Fla. Stat. §163.3180, it will officially adopt the DEPARTMENT'S level of service for the segment of SR-713/Kings Highway between the logical termini specified in (B), above. This will be accomplished through an update to the comprehensive plan within one year of the completion of the PROJECT. 5. INDEMNITY AND INSURANCE A) INDEMNITY i) With respect to any of the COUNTY agents, consultants, subconsultants, contractors, and/or sub-contractors, such party in any contract for this Project shall agree to indemnify, defend, save and hold harmless the DEPARTMENT from all claims, demands, liabilities, and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence, omission or commission of such agents, consultants, subconsultants, contractors and/or subcontractors. The COUNTY shall provide to the DEPARTMENT written evidence of the foregoing upon the request of the DEPARTMENT. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. ii) When either party receives notice of claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim, and report its findings to each other witlún fourteen (14) working days and jointly discuss options in defending the claim. A party's failure to nrnmnt1" nnt;F\.1 t'h~ nth,a,. n'; '-' ~1r:J¡'¡"""" "1';11 ""no;' n....... no," .." ..'U'"'.;u~_ ...._ r,_,,! ~ ~ ~k+ 'h~~~~ ¡- - - --"'"à --~ -.. -- -. '''; ......,. ..' ~'_._-'-""-'- "-" -'- '-- ~'.....~-'-......... ".:-....:.- ............ '" ~... i,. ;..¡.... ..... ~ ~ _. ~ .'''' '-I.... """"'"....) io. ...ö.... ........... .....r......... Page 4 6. MISCELLANEOUS A) This AGREEMENT and any interest herein shall not be assigned, transferred or otherwise encumbered by the COUNTY under any circumstances without the prior written consent of the DEPARTMENT. However, this AGREEMENT shall nm to the DEPARTMENT and its successors. B) The DEPARTMENT will comply with all federal, state, and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds ofrace, color, religion, sex, or national origin in the performance of work under this Agreement. C) No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch. or a state agency. D) This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida. Venue with respect to judicial proceedings arising out of this Agreement shall be in Broward County, Florida. E) This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. ******...**.............. Page 5 IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its behalf, by the Chainnan/Councilman of ST. LUCIE COUNTY or its designee, as authorized by ResolutioD No. ,and the FLORIDA DEPARTMENT OF TRANSPORTATION has caused this Agreement to be executed in its behalf through its District Secretary or authorized designee: ST. LUCIE COUNTY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: NAME: TITLE: BY: GERRY O'REILLY DIRECTOR OF TRANSPORTATION DEVELOPMENT ATTEST: APPROVED:~STOFORM) BY: COUNTY CLERK (SEAL) BY: DISTRICT GENERAL COUNSEL APPROVED: APPROVED: BY: COUNTY ATTORNEY BY: PROFESSIONAL SERVICES ADMINISTRATOR Page 6 Exhibit" A" Scope of Services The PD&E Study will evaluate new alternatives and alignments for the Reconstruction of SR713/Kings Highway from SR-70/Okeechobee "Road North to SR-S/US-l and is approximately 10.2 miles long. The DEPARTMENT will provide documented infonnation and analyses in order to determine a location, type and design improvements to accommodate future traffic in a safe and efficient manner. The study will include the preliminary engineering design associated with the alternatives and supporting environmental and technical documents needed during the PD&E study. The DEPARTMENT will provide those services and materials as set forth below: 1) Project data currently on file. 2) Available infonnation pertaining to utility companies whose facilities may be affected by the proposed construction. 3) Infonnation pertaining to subdivision plans that the COUNTY may utilized as part of existing Right of Way. 4) Process Advance Notification and environmental and engineering documents including the Pennit Coordination Package. S) Coordinate with the State Historic PreseIVation Officer. 6) Existing FDOT Right of Way maps. Page 7 Exhibit "B" MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this , day of , 200-, by and between the State of Florida, Department of Transportation, hereinafter referred to as "FDOT" and the State of Florida, Department of Financial Services, Division of Treasury and ST. LUDE COUNTY hereinafter referrecl to as the" COUNTY ". WITNESSETH WHEREAS, "FOOT' is currently constructing the following project: Financial Project Number: 230256-5-22-01 County: ST. LUDE COUNTY hereinafter referred to as the "Project". WHEREAS, FOOT and the COUNTY entered into a Transportation Regional Incentive Program (TRIP) Locally Funded Agreement (LFA) dated , wherein DOT agreed to perform certain work on behalf of the COUNTY in conjunction with the Project. WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best interest of the FOOT and the COUNTY to establish an interest bearing escrow account to provide funds for the work performed on the Project on behalf of the COUNTY by the FOOT. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: 1. FOOT and the COUNTY agree that the recitals set forth above are true and correct and deemed incorporated herein. 2. An initial deposit in the amount of ONE MILUON FOUR HUNDRED SEVENTY FIVE THOUSAND DOLLARS ($1,475,000.00) will be made by the COUNTY into an interest bearing escrow account established by the FOOT for the purposes of the Project. Said escrow account will be opened with the Department of Financial Services, Division of Treasury, Bureau of Collateral Management on behalf of the FOOT upon receipt of this Memorandum of Agreement. Such account will be an asset of FOOT. 3. Other deposits will be made only by the COUNTY as necessary to cover the cost of additional work prior to the execution of any Supplemental Agreements. Page 8 4. All deposits shall be made payable to the Department of Financial Services. Revenue Processina and mailed to the FDOT District Four Office. The District Four Office will then forward the check, along with required documentation to the FDOT Central Office for appropriate processing at the following address: Florida Department of Transportation Office of Comptroller, LFA Section 605 Suwannee Street Mail Station #42B Tallahassee, Florida 32399 5. The FDOTs Comptroller and/or her designees shall be the sole signatories on the escrow account with the Department of Financial Services and shall have sole authority to authorize withdrawals from said account. 6. Unless instructed otherwise by the parties hereto, all interest accumulated in the escrow account shall remain in the account for the purposes of the project as defined in the LFA. 7. The Department of Financial Services agrees to provide written confirmation of receipt of funds to the FDOT. 8. The Department of Financial Services further agrees to provide periodic reports to the FDOT. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COMPTROLLER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF TREASURY ST. LUCIE COUNTY BY: COUNTY SIGNATURE COUNTY NAME & TITLE 2300 Virginia Avenue Fort Pierce. FL 34982 COUNTY ADDRESS F-596~OOO-835 FEDERAL EMPLOYER J.D. NUMBER Page 9 RESOLUTION NO. 08-047 A RESOLUTION ACCEPTING THE FLORDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT (# 230256-5-22-01) FOR KINGS HIGHWAY PROJECT DEVELOPMENT & ENVIRONMENTAL STUDY AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for Kings Highway Project Development & Environmental Study (#230256-5-22-01). 2. The Board should authorize and approve execution of the Locally Funded Agreement with the Florida Department of Transportation 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 Locally Funded Agreement with the Florida Department of Transportation (#230256-5-22- 01) to provide funding for Kings Highway Project Development & Environmental Study. 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 08-047 was as follows: Chair Joseph Smith Vice-Chair Paula Lewis Commissioner Doug Coward Commissioner Chris Craft 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 SEB BUSH GOVERNOR ~ Florida Department of Transportation DISTRICT SECRETARY - DISTRICT 4 3400 West Commercial Boulevard. Fort Lauderdale. Florida 33309-3421 Telephone: (954) 777-4110 Fax: (954) 777-4197 Internet Email: james.wolfe@dot.state.t1.us Tall Free Number 1- 866-336-8435 DENVERS.STUTLER.~ SECRETARY September 5. 2006 The Honorable Paula Lewis Chair Treasure Coast Transportation Council St. Lucie Metropolitan Planning Organization 2300 Virginia Ave. Fort Pierce. FL 34982·5652 Dear Commissioner Lewis: SUBJECT: Transportation Regional Incentive Program (TRIP) FY 06/07 Approved Projects The Florida Department of Transportation District IV is pleased to infonn you that the projects enclosed on the attached $preadsheet have been selected to receive Transportation Regional Incentive Grant Program (TRIP) funds for Fiscal Year 06107. The proposed projects will be incorporated into the Department's Adopted Work Program by amendment. The Department's total funding commitment to these projects will be limited to the attached amounts, regardless of any future cost increases. The Department will begin drafting the necessary Joint Participation Agreements and will forward them to the appropriate agencies. If you have any questions or need additional infonnation. please contact Ms. Stacy Miller, the District Program Management Engineer. by phone at (954) 777-4429 or via email at stacv. millertaldot.state. fl. us. S~~~ Jame~ A. W ~ . P.E. District Seera ry District Four ~ JAW:sm Enclosure cc: The Honorable Michael DiTerlizzi, Martin MPO Chair The Honorable Sabin Abell, Indian River MPO Chair Ann Perrotta, Martin MPO Michael Brillhart, St. Lucie MPO Phil Matson. Indian River MPO Antonetta Adams, FDOT Oist¡ict 4 Barbara Handrahan. FDOT District 4 .~.; ~ E !!! ª' a.. ïj CD t: .~ 5 1: () B t: .5 1Il.2 ¡¡;1í~ t: .~ 0 .2 e 0.. Cl a.. t/) CD "tl t: a:: Q) !!! t:>1- .2 e iií ~ 0.. ca o<Î8 0.. CD UI ... t: :;, !!! UI I- ca ...... ! o I- CD o >- u.. 0 8 0 0 0 0 0 0 0 0 N ;1; 10 0 0 0 0 10 0 ~- g ö Ö t:JS oj Ñ 8 Ol 0 Ol at ClO ...... 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C- 4B DATE: January15, 2008 AGENDA REQUEST REGULAR [ 1 PUBLIC HEARING [ 1 CONSENT [xl TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: Request approval of First Amendment to Work Authorization NO.1 (C06-08-758, Engineering Services for Roadway and Intersection Design) for an extension of time to March 31, 2008 with Kimley-Horn and Associates, Inc. for the design and permitting of a southbound left turn lane into the Oxbow Eco-Center located on St. James Drive. No funds are associated with this request. BACKGROUND: See attached Engineering Memorandum No. 07-430 FUNDS AVAILABLE: Funds are encumbered on Purchase Order 2711489. PREVIOUS ACTION: On January 17, 2007, the Board approved Work Authorization NO.1 with Kimley-Horn and Associates, Inc. for the design and permitting of a southbound left turn lane to provide improved access to the Oxbow Eco- Center located on St. James Drive in the amount of $15,565.00 RECOMMENDATION: Staff recommends the Board approve and authorize the Chairman to sign the First Amendment to Work Authorization NO.1 (C06-08-758, Engineering Services for Roadway and Intersection Design) for an extension of time to March 31,2008 with Kimley-Horn and Associates, Inc. for the design and permitting of a southbound left turn lane into the Oxbow Eco-Center located on St. James Drive. COMMISSION ACTION: ~ J ' APPROVED [ ] OTHER [ ] DENIED E: Approved 5-0 [xl Mg!. & Budget .e2:..:~D ~ [I Fiscal Coordinator @..ir , [xl Exec Ass!. [xl Originating Dept. Public Works ~~~ [x] Purchasing Dept '.~ [I (Check for copy only, if applica Ie) . ¡Jr¡\ [xl [xl [ I County Attorney ~ L Project. Manager"~~ Comm. Services. Dir. .... \ DIVISION OF ENGINEERING MEMORANDUM 07-430 TO: FROM: Michael Powley, P.E. - County Engineer Barbara Meinhardt - Executive Assistant ßf'\tf Natasha Taylor - Civil Engineer ~ December 27, 2007 Via: Date: Subject: Oxbow Eco-Center Left Turn LaneC06-08-758, First Amendment to Work Authorization No.1, Time Extension Request ~ ~ ~, Work Authorization No.1 with Kimley-Horn and Associates, Inc. provides for the design and permitting of a south bound left turn lane into the Oxbow Eco-Center. The First Amendment to Work Authorization No.1, Contract C06-08-758, is for the sole purpose of a time extension in which all work shall be completed on or before March 31,2008. Attachments: Exhibit "C· cc w/attachments: Don West, P.E. - Public Works Director Craig Hauschild, P.E. - Assistant County Engineer ¡- ¡ . FIRST AMENDMENT TO WORK AUTHORIZA nON NO.1 Road Services Related to Intersectionsrrurnlanes Contract #06-08-758 Proj/Prog: 4109 Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the Agreement") between St. Lucie County (the "County") and Kimley-Horn and Associates, Inc. (the "Engineer") dated August 1, 2006, the Engineer agrees to provide the scope of Services described in Exhibit "A" and for the Compensation described in Exhibit "B". All services provided under this Work Authorization shall be completed on or before March 31, 2008 according to the revised schedule described in Exhibit "C". IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below: ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY BY: PRINTNÆ . 'i3....;{i.,~ qo~. rE. KIMLEY -HORN & ASSO~S, INC. DATE: i 1/25/0) /I i , ç . ITEM NO. C ~ð DATE: January 15, 2008 AGENDA REQUEST REGULAR [ l PUBLIC HEARING [ l CONSENT [xl TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) , P.E. SUBJECT: Request approval of Second Amendment to Work Authorization NO.2 to Contract C03-12-760 (Professional Engineering Services Contract for Bridge Evaluation and Design) for an extension of time to March 31,2008 with Jenkins and Charland, Inc., for repair of bridges related to Hurricane Wilma. No funds are associated with this amendment. Construction to commence Spring '08. BACKGROUND: See attached Memorandum 07-430 for additional information. FUNDS AVAILABLE: Funds are encumbered on Purchase Order 2713120 PREVIOUS ACTION: On February 21, 2006 the Board approved Work Authorization No. 2 to the Professional Engineering Services Contract for Bridge Evaluation and Design with Jenkins and Charland, Inc., for a Safety Inspection of the bridges Related to Hurricane Wilma in the amount of $4,800.00. On February 27,20007 the Board approved the FirstAmendment to Work Authorization No.2 for the design of repairs to five (5) bridges affected by Hurricane Wilma in the amount of $35,655.00. RECOMMENDATION: Staff recommends the Board approve and authorize the Chair to sign the Second Amendment to Work Authorization No.2 to Contract C03-12-760 for an extension of time to March 31, 2008 with Jenkins and Charland, Inc., for repair plans of five (5) bridges affected by Hurricane Wilma. COMMISSION ACTION: ~ APPROVED [ ] OTHER Approved 5-0 [ ] DENIED E: [X]~ounty Attorney [X] Project. Manager [X] Road & Bridge J}i,L ~ [X) Mgt. & Budget [X) Exec. Assistant [] ERD '~ ¡J "'\" ,; ~. ,....... ''';' tA\1 ' [X] Originating Dept. Public Works ~\"\. [X] Purchasing Dept. ~ (Check for copy I approval only, if applicable) , . DIVISION OF ENGINEERING MEMORANDUM 07-430 TO: Michael Powley, P.E. - County Engineer FROM: Craig Hauschild, P.E. - Assistant County Engineer cfIl'\ DATE: December 28, 2007 SUBJECT: Design of Repairs for Five (5) Bridges Related to Hurricane Wilma Contract 03-12-760 with Jenkins & Charland, Inc. Second Amendment to Work Authorization No.2 "'"-- ~ --- --,. Jenkins & Charland, Inc. has been preparing plans for the repairs for the five (5) bridges that were affected by Hurricane Wilma: Bridge No. 940019 940029 940030 940037 940071 Location Carlton Road over Canal C-24 Old Dixie Highway over Taylor Creek McCarty Road over Ten Mile Creek Keen Road over FPFWCD Canal (Taylor Creek) Johnston Road over Canal C-25 The Second Amendment to Work Authorization No.2 is for the sole purpose of a time extension in which all work shall be completed on or before March 31, 2007. cc: Don West, P.E. - Public Works Director Barbara Meinhardt - Executive Assistant ,. SECOND AMENDMENT TO WOIU{ AUTHORIZATION NO.2 Engineering Services Related to Bridge Evaluation and Design . C03-12-760 Safety Inspections of Bridges Related to Hurricane Wilma Pursuant to that certain Agreement between County and Engineer for Engineering Services, (the "Agreement") between St. Lucie County (the "County") and Jenkins and Charland, Inc., (the "Engineer") dated December 2, 2003, the Engineer agrees to provide the Scope of Services described in Exhibit A, for the Compensation described in Exhibit B the County agrees to compensate the Engineer the amount not to exceed Thirty Five Thousand Six Hundred Fifty-Five ($35,655.00) Dollars. All work under this Second Amendment to Work Authorization No.2 shall be completed on or before March 31, 2008 (or refer to schedule Exhibit "C", if appropriate). IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ATTEST: . ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DATE: APPROVED AS TO FORM AND CORREClNESS: COUNTY AITORNEY DATE: " // - / ,,¿? !/Z¿~~ JENKINS A~~.l'IA~.~A~~, INC. BY: ~/". ~ G- ~~.. .~ (' J;; /. ...'l ~ 1/- /1._ .t-.,¡- R·'", c (4rrt:J(j{'t: V'c¿. ,..-'l:'¡,. (Typ~ or print name/position) DATE: (V" (<.11 , ..............~--...... . ,EXHIBIT A "Date: f..ee.fft:tAR¥'t;-2ðO'l- November 27. 2007 FIRST AMENDMENT TO WOltK AùTHORIZATION NO~ 2 ENGINEERING SERVICES RELATED TO BRIDGE EVALUATION AND DESION C03-12-780 REPAIR OF FIVE BRIDGES SCOPE OF SERVICES SECTION 1:. GENERAL SCOPE STATEMENT The CONSULTANT IheII provide design of ~ and construction documen" to the COUNTY for the foJIowIng bridgeB In gemnl conformance to the recommendations set forth In the latest bridge Ins~ report conoemlng hurrlc8ne damage: BRIDGE NO. 940019 940029 , 940030 940037 940071 . SECTION 2: SPECIFIC TASKS Task 1:Pl'OVida a site vlllt to the bridge to verify and quantify Intomalion contained within the latest FOOT Bridge Inspection Reports made IIYlIllable. LOCATION Carlton Road over Canal C-24 Old DIxIe Highway over Taylor Creek McCaI1v Roed over Ten Mile Creek Keen Ro8d over FPFWCD Canal (Taylor Creek) johnston Road over Canal C-25 Task 2: Prepsre plans for the "'palrs to the bridge. Include provision for new bridge traffic rall& a8 an additive altern... ProvIde progl'888lrevlew plan sets at 30%, 60%, and 90% completion stages. Provide reproduclÞle drawings and algnad/seøled prints as required by the COUNTY. Task 3: Prepare quantftle8, f8chnlca~ spec:ificationllspeclal provisions, and tlechnic:al bid documents and provfde reproducl)le copies of these Items. The COUNTY will provide general contruction contract .sp~t1ons, fonn of agreement and aU other contr8ct documents. . Task 4: Provide an Engineer's Opinion of the Cost of Construction. It Is understood the CONSULTANT has no control Over costs or the price of labOr. equipment, or materials, or over the contractor's methods of pricing. Thel'8for8, the CONSULTANT makes no warranty, expressed or implied. as to the accuracy of such opinions as compared to bid or actual costs. Note that the scope of repairs to be designed Include only those identified as probably being caused by the recent hurricanes of 2004 and 2005. J&C Exh A - WA1t2 Amend 219.107 . p.1of1 3 (' i I I I I EXHIBIT B Oate:,rebruary 8,~ November 27. 2007 FlRSTÄMENDMENTTO WORK AUTHORlZAnON NO.2 ENGINEERING SERVICES RI!LATEþ TO MIDGE EVAlUATION AND DESIGN C03-'t2..780 REPAIR OF FIVE BRl)GES The COUNTY ,hell compensate the CONSULTANT for providing and performing the Talks set forth and enuRMnted In EXHIBIT 8A8 entitled "SCOPE OF SERVICES· 88 follows: Task Number Tak tile Amount of Type of Compensation Compensation 1. Site Visit $ 1,815 Lump Sum 2. Prepønl Plans $28,840 Lump Sum ., 3. QuantlBld doclsP.8cs $ 4,100 Lump Sum 4. Opinion of Constiuctlon Cost $ 900 Lump Sum GRAND TOTAL $35,655 -~------------'~-.....---........-_..._._--~~._.._.. . , ~ 8 i 8 8 8 iii 8 l l ... ~ cq, .... .... ! ~ I- .,. g 1 ~ Œ W 8~ i 2 § ...... Œ w~ i cø (Q ¡ Q ~ë; .... ...... .... .... mZ w ~I ~ W) ¡ . .... .,. ~ EXHIBIT C Date: November 27, 2007 FIRST AMENDMENT TO . WORK AUTHORIZATION NO.2 ENGINEERINc;SERVICES RELATED TO BRIDGE EVALUATION AND DESIGN C03-12-760 REPAIR OF FIVE BRIDGES TIME OF COMPLETION: On or before March 31, 2008. ITEM NO. C 4d DATE: January 15, 2008 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESEt·nED BY: SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: Work Authorization NO.1 (C07-07-383) to the contract with Miller Legg for the design of Glades Cut-off Road and Selvitz Road Intersection in the amount of $253,222.59. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funds will be made available in: 101006-4116-563005-4164 Eng. $241,143.09 and 101006-4116-563021-4164 Reimb. $12,079.50 - Transportation TrusUlmpact Fees PREVIOUS ACTION: nla RECOMMENDATION: Staff recommends Board approve Work Authorization NO.1 (C07-07-383) to the contract with Miller Legg for the design of Glades Cut-off Road and Selvitz Road Intersection in the amount of $253,222.59, and authorize the Chairman to sign. [>$ APPROVED [ ] OTHER Approved 5-0 [ ] DENIED COMMISSION ACTION: D as Anderson County Administrator (x] county P\I1UII'''1 V. 'l-":fi hr,. ~ [xIOrig. Dept. Public Works ¡ III r '1.. PoV\I Glades and Selvitz Intersection.ag. res (XlExec. Asst. P, 1>rt1 (Xl Proj. Mgr. b S. (JProp. Acquisition c DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer DATE: January 15, 2008 SUBJECT: Glades Cut-off and Selvitz Intersection The attached Work Authorization No.1 (C07-07-383) to the contract with Miller Legg is for the design of Glades Cut-off Road and Selvitz Road Intersection in the amount of $253,222.59. The scope of services is outlined in the attached proposal, and the completion date for the design is August 2009. PROJ/PROG #4164 WORK AUTHORIZATION NO.1 CONTRACT C07 -07 -383 FOR CONTINUING PROFESSIONAL ROADWAY DESIGN SERVICES THIS WORK AUTHORIZATION is made as of the _ day of , by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and MILLER LEGG . hereinafter referred to as the "Consultant". WIT N E SSE T H: WHEREAS, on Julv 24. 2007 the COUNTY entered into a Consulting Agreement (Contract No. C07-06-383) hereinafter referred to as "Contract" with the CONSULTANT to provide continuing professional construction management services; and, WHEREAS, pursuant to the Contract, the CONSULTANT is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The COUNTY has determined that it would like to complete a project described below: GLADES CUT-OFF ROAD@SELVITZINTERSECTION IMPROVEMENTS (hereinafter referred to as "the Project".) 2. SERVICES: The COUNTY has determined that it would like to utilize the services of the CONSULTANT in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C07-06-383). The services to be provided by CONSULTANT on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule attached hereto as Exhibit "8" which are attached hereto and made a part of this work authorization and incorporated herein. Page 1 of 3 3. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall be billed on an hourly basis, and shall not exceed a total amount of $253.222.59 as further detailed in Exhibit "C". 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 5. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work on or before August 15, 2009, as further described in Exhibit "8'. c. If the work is not fully completed according to the terms of the Contract and within the time limits stipulated herein, it is hereby acknowledged that the COUNTY will suffer damages which are not capable of ascertainment or calculation, and therefore the CONSULTANT shall pay the COUNTY, as liquidated damages, a sum of One Hundred Dollars Dollars ($100.00) per calendar day for each day following the required completion date, until the date upon which actual completion occurs. d. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or her designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. e. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the CONSULTANT, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the CONSULTANT under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Addendum in multiple copies, each of which shall be considered an original on the following dates. Page 2 of 3 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: ATTEST: WITNESS CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: MILLER LEGG BY: Print Name: Title: Page 3 of 3 EXHIBIT 'A' SCOPE OF CONSULTANT SERVICES IMPROVEMENTS TO THE INTERSECTOIN OF GLADES CUT OFF ROAD AND SELVITZ ROAD PREPARATION OF 100% CONSTRUCTION DOCUMENTS ST. LUCIE COUNTY PROJECT NUMBER: December 14,2007 1.0 PROJECT DESCRIPTION 1.1 The project is located at the intersection of Glades Cut Off and Selvitz Roads, St. Lucie County, Florida, Section 30, Township 35, and Range 40. The intersection is bounded by the FEC right-of-way to the south, North St. Lucie River Water Control District (NSLRWCD) right-of-way and canals to the west and private properties to the east. 1.2 The Project is generally described as engineering design and supporting services for roadway improvements at the intersection of Glades Cut Off and Selvitz Roads (Project). For the purposes of this proposal it is anticipated that the improvements to be designed and constructed will be as follows: · Construction of an eastbound right turn lane on Glades Cut Off Road approximately 500 feet long including the taper. This construction includes construction of a raised median to control eastbound traffic flow and conversion of the existing combined left and right turn lane to a left turn lane. The radius at the right-turn lane of the intersection will be constructed at 50 feet. · Construction of a northbound left turn lane on Selvitz Road approximately 400 feet long including the taper. Construction of the left turn lane requires construction of a 400-foot transition north and south of the intersection. · Construction of a southbound right turn lane on Selvitz Road approximately 500 feet long including the taper. Construction of this turn lane includes a 1 DO-foot radius. · Construction of mast arm signalization · Reconstruction of the existing intersection · Reconstruction of the FEC Railway crossing. · Milling and resurfacing of Glades Cut off Road and Selvitz Road for the limits defined above. 1.3 The scope of work for this proposal includes services to produce 100% construction documents. 1.4 Glades Cut Off and Selvitz Roads are County owned and maintained roadways. 2.0 BASIS OF SCOPE 2.1 A signal warrant study is not required. 2.2 The design speed is 40 mph on Glades Cut Off Road and Selvitz Road 2.3 <:,lhellrf'''3I''''O I If.ilif\1 Cv....I"'r...,.;""'~ IC't le\ i_ .......... ...._...:_:__..._-1 -.................. i......"".... ......"llIfool .....'..,....'....1 '"'U.......II \~u.....1 I.,;) . tVL QIILl\",oI....Cu,eu. Scope of Services Glades Cut Off and Selvitz Roads Miller Legg Project No.: 07-P0501 Page - 2 - of 11 2.4 Based on conversations with the County, the driveway at the Ranger Construction Property (northwest corner of intersection) may require relocation. The County will coordinate with Ranger to obtain approval for the driveway relocation. The scope includes preparation of construction plans depicting this driveway relocation as long as the County obtains approval from the property owner prior to start of 30% Construction Plan preparation. Scope of work only includes relocation of driveway to connect to existing parking area and the removal of the existing driveway; parking area improvements are not included. A right turn lane to serve this property is not anticipated. 2.5 Turn lanes improvements for private driveways are not included in this scope of work. 2.6 The eastbound right turn lane radius from Glades Cut Off Road will be 50 feet. A larger radius will require realignment of the intersection. Construction plans to realign the intersection can be completed as part of a separate work authorization. 2.7 A final master plan will be provided based on the proposed geometry specified in Section 1.2. Additional master plan alternatives will be completed as additional services initiated by the County. Should the final master plan deviate from the geometry specified in Section 1.2, additional services maybe necessary. 2.8 Wetland impacts are not anticipated as part of this scope of work. Other surface water determinations will be made by regulatory agencies. Should USACOE of SFWMD permitting for wetland or surface water impacts be required, a separate work authorization maybe required. 2.9 It is anticipated that areas required for water quality treatment and attenuation in accordance with SFWMD, NSlRWCD and SLC requirements will be provided within the construction limits defined in Section 1.2. If additional lakes or water treatment areas are required outside the limits established in Section 1.2, additional services maybe required. 2.10 Contamination is not anticipated, however may require further investigation during final design and to receive permits from SFWMD. 2.11 SFWMD water use permitting for dewatering is not included in this scope of work. 2.12 A permit from the FEC will be required in order to survey within their right-of-way. The County will pay for all permit fees and execute all necessary permit applications. The Consultant will complete all necessary permit applications for survey work within FEC right-of-way. 2.13 The Consultant shall respond to third party public agency requests for information relative to the project and/or services being performed under their direction with approval of the County. V:\Proposals\2007\07-P0501 - SLC Intersection - Glades CuI Off & Selvitzldocl07-P0501 - Glades & Selvitz scope] I 1207.doc Scope of Services Glades Cut Off and Selvitz Roads Miller Legg Project No.: 07-P0501 Page - 3 - of 11 2.14 Maintenance of traffic plans are not required and will be provided by the contractor during construction. 2.15 Right-of-Way acquisition maybe required to construct this project. Scope of services is limited to preparation of sketches and legal descriptions only as determined necessary by the County. Other items specifically required to acquire any right-of-way will be the responsibility of the County. The County will be responsible for all right-of-way acquisition coordination. 2.16 Landscaping is not anticipated. 2.17 The site does not contain any sites of archeological or historical significance. 2.18 Scope of work includes up to five (5) project meetings - kick off meeting, review of 30% submittal comments, review of 60% comments, review of 90% submittal comments and 100% construction plans review. Additional meetings required will be provided as approved by the County in accordance with Task 8. 2.19 All electronic submittals will be provided utilizing AutoCad 2006. .3.0 COUNTY'S RESPONSIBILITIES The County will: · Provide assistance and readily available data that will be of valuable use on this project. · Provide right-of-way maps and copies of supporting plats/deeds as available. · Assist the Consultant with Utility Coordination by providing utility company contacts and information. · Provide survey control data (vertical & horizontal) from readily available public records. · Execute all permit applications and agreements required with regulatory agencies. · Payment of all permit fees. · Attend all meetings as necessary with regulatory and utility agencies. · Provide controlled and rectified aerial photography in electronic format as available. · Provide traffic and transportation reports related to the study intersection, including but not limited to traffic counts, signal warrant studies and crash reports. 4.0 SCOPE OF SERVICES Summary The scope of work is split into Basic Services and Optional Services. Basic Services are those require to construct the project and within the percentage of construction cost established by the County. Optional Services are additional services beyond the Basic Services not included within the percentage of construction cost. V:\Proposals\2007107-POSOI - SLC Intersection - Glades Cut Off & Selvitzldocl07-POSOI - Glades & Selvitz scope 111207.doc Scope of Services Glades Cut Off and Selvitz Roads Miller Legg Project No.: 07-P050I Page - 4 - of 11 Consultant will complete the following tasks as Basic Services to prepare the final construction documents and assist the client to obtain regulatory agency permits for construction of the proposed improvement to the intersections: . Provide right-of-way and topographic survey. · Provide geotechnical data to establish the preliminary existing geotechnical conditions of the roadway and right-of-way. · Provide utility agency coordination to establish the utilities within and adjacent to the right-of-way. · Provide 100% construction documents based on the final master plan. · Obtain the applicable regulatory agency permits to construct the intersection improvements on behalf of the County. Consultant will complete the following tasks as Optional Services: · Provide traffic analysis to establish the volume of traffic, including heavy trucks, to verify the intersection geometry proposed in Section 1.2 · Provide a final master plan based on the geometry proposed in Section 1.2 · Preparation of Sketches and Legal Descriptions for right-of-way acquisition · Additional project meetings beyond the submittal meetings A detailed scope of work for each task is outlined below. BASIC SERVICES Task 1 Right-of-Way and Topographic Surveying Basis of Work Right-of-way and topographic survey shall be provided for the limits defined in Section 1.2. All survey work shall be performed in accordance with the current editions of the FOOT Plans Preparation Manual. All plans shall be accurate, legible, complete and drawn to the following scales and sizes: a. b. Plan Sheets Specific Profiles 1" = 40' (24x36) 1" = 40' H (24x36) 1" = 4' V (24x36) 1" = 10' H (24x36) 1" = 10' V (24x36) d. Cross Sections Preparation of Survey A. Horizontal Project Network Control (HPNC) Establish or recover HPNC, for the purpose of establishing horizontal control on the Florida State Plane Coordinate System or datum approved by the COUNTY'S Surveyor; may include primary or secondary control points. Includes analysis and processing of all field collected data, and preparation of forms. B. Vertical Project Network Control (VPNC) V:\ProposalsI2007\07-P0501 - SLC Intersection - Glades Cut OfT & Selvitz\doc\07-P050J - Glades & Selvitz scope I J 1207.doc Scope of Services Glades Cut Off and Selvitz Roads Miller Legg Project No.: 07-P050 I Page - 5 - of II Establish or recover VPNC, for the purpose of establishing vertical control on datum approved by the COUNTY Surveyor, may include primary or secondary vertical control points. Includes analysis and processing of all field collected data, and preparation forms. C. Alignment and/or Existing Right of Way Lines (RlW) Establish, recover or re-establish historical baseline for the project alignment. Also includes analysis and processing of all field collected data, existing maps, and/or reports for identifying mainline, ramp, offset, or secondary alignments. Depict alignment and/or existing RIW lines (in required fonmat) per RlW maps and or platted or dedicated rights of way. D. Digital Terrain Model (DTM) and Topographic Survey Locate all above ground features and improvements for the limits of the project by collecting the required data for the purpose of creating a DTM with sufficient density. Consultant will locate all break lines, high and low points and provide sufficient topographic data for design purposes. The quantity of design data obtained will be equivalent to topographic cross sections at 1 DO-foot intervals. Topography limits shall extend approximately 1000 feet in each direction (limits can be increased or decreased at the direction of the engineer) of the intersection to 25 feet outside the right-of-way. Consultant shall locate edge of pavement, centerline of roadway, all drainage structures (rims, inverts and bottom of structure), miscellaneous grades between edge of pavement and right- of-way line, top of bank, edge of water and bottom of all drainage ditches and all other above-ground improvements. Effort includes field edits, analysis and processing of all field collected data, existing maps, and/or reports. E. Document Research Perform research of documentation to support field and office efforts involving surveying and mapping. F. Underground Utility Locations and Potholing Not included in this scope of work. Only utilities located via topographic survey and through as-builts obtained from other agencies will be shown on the survey. G. Right-of-Way Acquisition Documents Not included in this scope of work. If required, can be included in final design phase. H. Sketches and Descriptions. At the direction of the County and as an Optional Service, Consultant will prepare sketches and legal descriptions of right-of-way acquisition parcels to meet St. L,;"¡C:6 CCünty i6qü;i6iiients. rûï tht= pLiïj.îû5a üf tl- is ~cûpe CiIHj fee, the jee JOI V:IProposals\2007\07-P0501 - SLC Intersection, Glades ClIt Off & Selvitzldocl07-P0501 - Glades & Selvitz scope 111207.doc Scope of Services G lades Cut Off and Selvitz Roads Miller Legg Project No.: 07-P050 I Page - 6 - of I ] sketches and descriptions will be established on a per sketch and description basis. Scope of work includes approximately ten (10) sketches and descriptions. Deliverables The survey submittal will include up to six (6) sets of signed and sealed surveys depicting all right-ot-way, property and topographic data obtained. The digital terrain model created will be for design purposes only and is not intended for submittal. Task 2 Geotechnical Data The Consultant will employ the services of an approved commercial testing firm, Anderson Andre Consulting Engineers, Inc., to obtain subsoil data and roadway core borings in accordance with the Scope of Services attached. Borehole permeability tests, if required, will be provided as a supplement to our prime agreement. Geotechnical services will be provided for the limits defined in Section 1.2. Deliverables A signed and sealed geotechnical report will be submitted with the master plan submission. Task 3 Utility Coordination The Consultant will prepare a maximum of three utility coordination submittals to each applicable utility agency. Submittal 1: The Consultant will submit the completed survey with narrative of proposed improvements in letter format to utility companies' contacts provided by St. Lucie County. The purpose of this submittal is to establish the existing utilities, above-ground and underground, that are within the project area. Consultant will plot the data obtained from the utility coordination submittals on roadway survey and the master plan. Submittal one will be completed upon completion of the right-ot-way and topographic survey. Submittal 2: The Consultant will submit the completed 65% construction plans to the utility companies' contacts provided by St. Lucie County. The purpose of this submittal is to define the affected existing utilities, horizontally and vertically, and determine the mitigation necessary for the impact to the existing utilities. Submittal will include a pot-hole list for the affected utility to complete and verify the vertical information of the affected utility. Should the utility be unable to provide the necessary intormation in a timely manner, additional services maybe necessary to procure a utility locating service. Upon the completion of this submittal, the respective utilities' will provide the consultant any utilities required for relocation, the proposed location of the relocated utility and the estimate cost to the County to relocate any utilities. The County will be responsible for any and 3!! costs associéited \týitrl the ïalûcatioiï of ani utii¡t¡e~. V:\Proposals\2007\07-P0501 - SLC Intersection - Glades ClIt Off & Selvitz\doc\07-POSOJ - Glades & Selvitz scope ¡ 11207.doc Scope of Services Glades Cut Off and Selvitz Roads Miller Legg Project No.: 07-P0501 Page - 7 - of 1 I Submittal 3: The Consultant will submit the completed 100% construction documents to the utility companies' contacts provided by St. Lucie County. The purpose of this submittal is to provide the respective utility the final construction documents and schedule for construction so any affected utility can complete their respective relocation work. The plans provided will specify any existing utility to be relocated and the location of the relocation as provided by the utility upon completion of Submittal 2. The Consultant is not responsible for preparing final construction plans for any utility relocations. Consultant· will attend and coordinate a maximum of three (3) joint utility coordination meetings with all utilities affected by this project. Consultant will provide minutes to each meeting to all participants. Task 4 Preparation of Final Roadway Construction Plans Basis of Work All plan preparation work shall be prepared in accordance with the current editions of the FOOT Plans Preparation Manual, FOOT Greenbook, Manual on Uniform Traffic Control Devices, Federal Highway Administration/AASHTO and all other applicable requirements. All plans shall be accurate, legible, complete and drawn to the following scales and sizes: a. b. c. Drainage Maps Plan Sheets Profile Sheets 1" =400' (11x17) 1" = 40' (11x17) 1" = 40' H (11x17) 1" = 4' V (11x17) 1" = 10' H (11x17) 1" = 10' V (11x17) 1" = 40' (11x17) 1" = 40' (11x17) d. Cross Sections e. Signing & Pavement Markings Signalization Sheets f. I nvestiaations Consultant will research the requirements of the FEC, NSLRWCD and other regulatory permitting agencies in order to establish the design parameters of the project. Meetings with regulatory agencies and the County to review agency requirements for this project will be provided as part of Task 8 - Project Meetings. For the purpose of this scope of work and fee, meetings will be charged on a per meeting basis in accordance with the fee schedule in Exhibit 'B'. Additional meetings beyond the topic maybe necessary and may be deemed additional. A summary of findings will be prepared and submitted in memorandum format as part of the master plan submittal. Consultant will also investigate the existing drainage interconnect across Glades Cut Off Road. The investigations will include the condition of the pipe and any âiìcmâry strüctiJiGS. Consültôiît 'vvm p¡Gvide a recornnìended dispûsition fOï the V:\Proposals\2007\07-P0501 - SLC Intersection- Glades Cut Olr& Selvitz\doc\07-P0501 - Glades & Selvitz scope 111207.doc Scope of Services Glades Cut Off and Selvitz Roads Miller Legg Project No.: 07-P0501 Page - 8 - of 11 drainage interconnection in memorandum format as part of the master plan alternatives submittal. Preparation of Documents The Consultant shall be responsible for planning and design, preparation of construction plans, construction documents and applying for required agency permits for the project roadway improvements. Preparation of Roadwav Plans: The preparation of roadway plans shall include but not be limited to: plotting of all survey data, establishment of profile grades, key map, drainage maps, plan sheets (including geometric calculations); profile sheets, typical section sheets, alignment and plan index sheets, side street plans and profiles, summary of quantities, summary of drainage structures, drainage structure detail sheets (as needed), lateral ditch/outfall sheets, cross-section sheets (including earthwork computations), signing and pavement marking sheets, and other detail sheets necessary to convey the intent of the scope of work and Contract Document Package preparation including special provisions and technical special provisions suitable for advertising. Design will include establishment of profile grades, all alignment and geometric calculations necessary to define complete right-of-way requirements, drainage design, design criteria used, and any other information which may be considered critical to the development of final plans. This information and development of preliminary plans will be organized in a usable format and included in the design documentation provided to the County. Preparation of SiQnalization Plans: Consultant shall prepare final engineering design calculations and design plans and shall perform project permitting services to support the following tasks associated with the signalization of Glades Cut-Off Road and Selvitz Road: 1. Consultant shall prepare design calculations and design plans for the proposed Glades Cut-Off Road and Selvitz Road signalization improvements. These improvements specifically include the design of a mast arm signal structure. 2. The traffic signal design plans will be furnished in accordance with FOOT District 4 traffic signal standards, FOOT Roadway Design Standards (dated 2006) and the Manual on Uniform Traffic Control Devices (MUTCD) 2003 Edition. The traffic signal plans will utilize the index of sheets, as applicable, from the FOOT Plans Preparation Manual. The signal plans will be prepared at a scale of 1 "= 40' based on 11 x 17 plans. The final signal plans will consist of summary of quantities, signalization general notes, traffic signal plans, signal operation plan (including signal phases and suggested timings), traffic signal head legend and the standard FOOT mast arm index sheets. The plans shall be submitted and approved by S1. Lucie County. V:IProposalsI2007107-P050J - SLC Jntersection - Glades Cut Off & Selvilzldocl07-P0501 - Glades & Selvítz scope 111207.doc Scope of Services Glades Cut Off and Selvitz Roads Miller Legg Project No.: 07-P0501 Page - 9 - of 11 3. Standard Specifications for Road and Bridge Construction (dated 2007) will be used as the technical specification for this work and no special technical provisions are required. It is currently anticipated that the signal modifications designed as part of this project will be maintained by S1. Lucie County and incorporated into their signal system. Any additional or technical special provisions necessary beyond the Florida Department of Transportation Standard Specifications for Road and Bridges (dated 2007) will be provided by S1. Lucie County. Document Submittals: Documents will be provided at 35%, 65%, 90%, and Final submittals. The 35% submittal will also provide preliminary cross sections and specify the area of necessary right-of-way acquisition. Should the results of the 35% submittal require additional alignment studies, additional services may be required. Task 5 Regulatory Agency Permitting Consultant will assist the Owner in obtaining permits from the following agencies: o South Florida Water Management District - Environmental Resource Permit o North S1. Lucie River Water Control District - Surface Water/Drainage Outfall o Florida East Coast Railroad - Railroad Right-of-Way Construction Note, the Consultant is responsible for preparing and submitting complete permit packages to the applicable agencies. The County is responsible for signing all permit applications, providing all fees necessary for permit submittal and approval and providing assistance where required in order to obtain the permits. The Consultant or the County do not control agen'cy review time. OPTIONAL SERVICES Task 6 Traffic Analysis Preparation of Analvsis A. Data Collection Consultant shall obtain peak hour traffic counts at the study intersection and the three major driveways adjacent to the intersection. The counts will classify vehicles, including heavy truck traffic. Consultant shall also provide field observations to record queue lengths during passing of Florida East Coast (FEC) trains. The data collection will be in accordance with the scope of work provided by Progressive Design and Engineering. B. Intersection Analysis V:IProposals\2007107,POSOI . SLC Intersection - Glades Cut Off & Selvitzldocl07-POSOl - Glades & Selvitz scope 111207.doc Scope of Services Glades Cut Off and Selvitz Roads Miller Legg Project No.: 07-P0501 Page - 10 - of II Consultant shall prepare a specific purpose intersection analysis for the intersection of Glades Cut-Off Road and Selvitz Road. The intersection analysis will include the following elements: 1. Existing conditions analysis, which will identify existing traffic volumes and levels of service on Glades Cut-Off Road and Selvitz Road. 2. Background growth traffic will be identified and a compound growth rate will be applied to project traffic to the year 2010. This will be used to determine the proposed lane geometry for the study intersection. 3. Planned and programmed roadway improvements will be identified, which may have an impact on traffic conditions within the study area. 4. The impacts of the Florida East Coast (FEC) railroad crossing located approximately 150 feet south of the study intersection. The analysis will address queuing issues and signal preemption. 5. Truck traffic will be identified for use in the intersection and pavement design. 6. Operational analysis will be performed for both stop control and signalized control of the study intersection. Signal timings will be optimized and provided within the report for use by the County. Deliverables Upon completion of the traffic analysis and as part of the master plan submission, the Consultant will submit a completed traffic report with a summary of findings and all background data obtained. Consultant will submit up to three (3) copies. Task 7 Preparation of the Final Master Plan Basis of Work Plans shall be prepared in accordance with the latest editions of the Florida Department of Transportation (FOOT) Green Book, FOOT Plan Preparation Manual, Manual on Uniform Traffic Control Devices, Federal Highway Administration/AASHTO and all other applicable requirements. The master plan shall be accurate, legible, complete and drawn to a legible scale and produced in a roll plan and in a set of 24"x36" to scale sheets. The final master plan will depict the desired roadway and lane geometry and right-of-way acquisitions necessary to construct the intersection improvements. A preliminary cost estimate will be provided. The cost estimate will not include any utility relocations or right-of-way acquisition. All final design of the inter~~~tion willl-)~ b~~ed Or! the f!~~! selected m::::stcr plan. V:IProposals\2007107-P0501 - SLC InlersectlOn - Glades Cut Off & Selvilzldocl07-P0501 - Glades & Selvìtz scope 111207.doc Scope of Services Glades Cut Off and Selvitz Roads Miller Legg Project No.: 07-P050I Page - 11 - of 11 Deliverables A. Final Master Plan in roll plan and 24"x36" sheet set. B. Preliminary Cost Estimate C. Preliminary Geotechnical Report D. Summary of Traffic Analysis with level of service for the Final Master Plan E. Final Memorandum of investigations of regulatory agency permitting requirements F. Final Memorandum of Glades Cut Off Road drainage interconnection condition. G. Utility coordination data obtained to date of submittal (Note, the Consultant will work to their best efforts to obtain utility coordination data, however the Consultant is not responsible for the responsiveness of the utility companies. Some data may not be available due to the responsiveness of the utilities). Task 8 Additional Project Meetings Consultant will participate and lead miscellaneous project related meetings. Monthly progress meetings will be held at the beginning of every month and review the items completed to date, anticipated work to be completed for the next month, previous months invoice and any other project relevant items, Consultant anticipates the completion of the scope of work outlined in this proposal within 18 -months. Other Information The fee breakdown and summary of fees are included as Exhibit 8. The project schedule for completion of this scope if this scope of work is included as Exhibit C. 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ICl OQ II'- -,\ i I ............-...--- s - , f IL . 0> o o N . 11'\ ...... 4-l CIl ::l 00 ~ >, ,J:l '"d Q) 4-l Q) ..-l ~ o <.J Q) ,J:l ..-l ..-l <Il ..c: CIl ~ i-l ~ ..-l ..-l < AGENDA REQUEST 1 ITEM NO: LS DATE: January 15, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [~ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services Department PRESENTED BY: John Franklin Housing Manager SUBJECT: Permission to accept grant agreement between the Florida Department of Financial Services and S1. Lucie County in the amount of $1,000,000 for the My Safe Florida Home Program. BACKGROUND: The My Safe Florida Home Program was created by Florida Statute 215.5586 to assist Floridians strengthen and/or harden their homes in preparation for natural disasters and to prevent property losses. The My Safe Florida Home Program is being implemented by the Florida Department of Financial Services. FUNDS AVAIL: 189201-6420-549605-600 (Hurricane Housing Recovery Funding) dollar for dollar match for moderate income households only PREVIOUS ACTION: On October 23, 2007 the Board approved submitting the application to the Florida Department of Financial Services in the amount of $1 ,000,000. RECOMMENDATION: Acceptance of the grant and approval of the agreement between the Florida Department of Financial Services and S1. Lucie County in the amount of $1,000,000 for the My Safe Florida Home Program and authorize the Chairman to sign all necessary documents. [><.I APPROVED [ ] DENIED [ ] OTHER COMMISSION ACTION: Approved 5-0 Do la MAnderson County Administrator Coord ination/Signatures County Attorney: x "tv 1.....~ ó,~. , " /' "" Originating Department: x/-fC',.~:L ,- ""'g,m," & B"d9"'~ Other: Purchasing: x ~, Other: Finance: x Check for copy only, if appiicable COMMUNITY SERVICES MEMORANDUM #08-59 TO: Board of County Commissioners FROM: John Frank!in, Housing Man~ger SUBJECT: DATE: My Safe Florida Home Grant Agreement Acceptance January 8, 2008 The My Safe Florida Home Program was created by Florida Statute 215.5586 to assist Floridians strengthen and/or harden their homes in preparation for natural disasters and to prevent property losses. The My Safe Florida Home Program is being implemented by the Florida Department of Financial Services. RECOMMENDATION: Acceptance of the grant and approval of the agreement between the Florida Department of Financial Services and S1. Lucie County in the amount of $1,000,000 for the My Safe Florida Home Program and authorize the Chairman to sign all necessary documents. My Safe Florida Home Program Section 215.5586. Florida Statutes Department of Financial Services LOCAL GOVERNMENT GRANT AGREEMENT This Agreement ("Agreement") is entered into by and between the State of Florida, DEPARTMENT OF FINANCIAL SERVICES, 200 East Gaines Street, Tallahassee, Florida 32399-0317 (hereinafter referred to as "Department" or "DFS") or its successor, and St. Lucie County (hereinafter referred to as "Recipient"). Table of Contents A. PRELIMINARY PROVISIONS 4 B. SCOPE OF WORK AND DELIVERABLES 4 C. DISBURSEMENTS 4 D. SUB-RECIPIENTS DEFINED; PERMISSIBILITY OF SUB-RECIPIENTS 4 E. COMPLIANCE WITH CFO MEMORANDUM NO.4 4 F. TAXES 5 G. TRAVEL EXPENSES 5 H. LEGISLATIVE CONTINGENCIES 5 I. REPAYMENTS 5 1. ACCOUNTING REQUIREMENTS; SUB-RECIPIENTS 5 K. AUDITS. 6 L. TERM OF THE AGREEMENT 6 M. TERMINATION 6 N. DEPARTMENT RELATION TO RECIPIENT AND ANY SUB-RECIPIENTS 7 O. MISCELLANEOUS PROVISIONS 7 1) Effective Date 7 2) Entire Agreement 7 3) Controlling Law and Venue; Disputes. 8 4) Assignment 8 5) Survival of Obligations 8 6) Public Records 8 7) Severability 8 8) Record Retention Requirements 8 9) Waiver of Rights Not to be implied 8 10) Counterpart Originals 8 11) Lobbying and Integrity 8 12) Disqualified Persons and Entities 9 13) Compliance with Federal, State and Local Laws 9 14) Competitive Prevailing Rate Limitation 9 15) Modification of Agreement; Address for Notices 9 16) Table of Contents, Headings 9 17) Publication or Statement of State Sponsorship 9 18) Recipient's Proposal Binding 10 19) Attachments 10 SIGNATURES 10 ATTACHMENT A, SINGLE AUDIT ACT, FLORIDA STATUTES SECTION 215.97 11 A TT ACHMENT B, STATEMENT OF WORK 15 1) Overview 15 2) Source/Selection of Homeowners to Be Served 15 3) Matching Requirements 16 4) Direct Program costs defined 18 5) Administrative (i.e., indirect) costs defined; capped 18 6) Low income person defmed; verification procedures 19 7) Eligible Residences 19 8) $5,000 per Residence Cap 19 9) Required Certificate of Eligibility 10) Eligible Types of Retrofit Work II) Pre-Inspection Required; Form 12) Required Product Approvals 13) Required Retrofit Techniques 14) Permits and Inspections 21 15) Licensed Contractor Supervision 16) Certificate of Completion 21 17) Quality Control Inspections 21 18) Inspection of Sub-Recipient Accounting and Record Systems by Recipient 21 19) Employees and elected officials of Recipient or Sub-Recipients -limitations on grants 22 20) Incremental Costs Only- Re-roofing and Window Replacement 22 21) Homeowner Complaint and Dispute Resolution 22 22) Compliance with Miscellaneous Laws and Rules 22 23) Insurance 22 24) Budget 22 25) Reports (see Deliverables Attachment) 26) Travel 22 27) Timesheets 28) Salaries 23 29) Interest Earnings of Disbursements 30) Retention of Records 23 31) Department Ad Hoc Requests for Information 23 32) Notice of Irregularities 23 19 20 20 21 21 21 22 23 23 A TT ACHMENT C, DELIVER ABLES 24 1) Certificate of Eligible Residence Form 24 2) Certificate of Low-Income Eligibility Form 24 3) Plan for Assuring Inspector Qualifications 24 4) Certificate of Completion Form 24 5) Retrofit Contractor Qualifications Plan 24 6) Plan for Quality Contra] Inspection 24 7) Plan for Inspection of Sub-Recipient Accounting and Record Systems by Recipient. 25 8) Report of Persons Entering Recipients Program Other than From Department's Database 25 9) Quarterly Reports 25 10) Close Out Report 26 ATTACHMENT D, LOW-INCOME Eligibility PROCEDURE 27 ATTACHMENT E, DISBURSEMENT SCHEDULE; FUNDING CONSIDERATIONS 31 ATTACHMENT F, RECIPIENT'S PROJECTED BUDGET ATTACHMENT G, RECIPIENT AUTHORIZED REPRESENTATIVE; ADDRESS FOR NOTICES ATTACHMENT H, GRANT NARRATIVE FORMS & INSTRUCTIONS 1. Certificate of Eligible Residence 2. Certificate of Low-Income Eligibility 3. Certificate of Completion 4. Instructions for Preparing Proposal (mandatory) 5. Proposal format (mandatory) 6. Instructions for Preparing Budget (mandatory) 7. Budget format (mandatory) 8. Quarterly report format (mandatory) 9. Travel voucher 10. Timesheet A. PIŒLI\H'ÜRY PROVISIO'\S: I) This Grant Agreement is entered into under authority of Florida Statutes (2006) subsection 215.5586(2)(d). 2) Recipient is a local government in the State of Florida. 3) By this Agreement the Department makes a grant to Recipient as authorized by s. 215.5586(2)(d), Florida Statutes. This Agreement is and shall be enforceable as a contract between the parties. ß. SCOPF. OF WORt-: ,\'\Il (}FI.IVElUIILFS The Recipient agrees to provide services as set forth in Attachment Band deliverables as set forth in Attachment C. C. [) SBl'RSEMlsrs Disbursement of grant funds to Recipient shall be in accordance with Attachment C. D. SIB-REClPIE'\TS DEFI'\EIl: PERM ISSI ß1L1TY OF SIB-RE(lPII~'TS. I) For purposes of this Agreement, a Sub-Recipient is a person or entity who, pursuant to agreement between that person or entity and the Recipient, receives from Recipient funds originating from the grant made to Recipient under this Agreement and who, as between Recipient and Sub-Recipient, takes responsibility for proper use and application of such grant funds consistent with the terms of this Agreement and s. 215.5586, Florida Statutes. 2) Use of Sub-Recipients shall not be permitted unless Recipient's proposal attached hereto expressly indicates that Recipient will make disbursement of grant funds to Sub-Recipients. This Grant Agreement is a form used both for Recipients that have Sub-Recipient, and those who do not, but references to Sub-Recipients in this Grant Agreement will not be deemed to authorize Sub-Recipients except to the extent Recipient's proposal as approved by the Department, expressly indicates Sub-Recipients will be used. 3) If Recipient's proposal attached to this Grant Agreement indicates the Sub-Recipient will be utilized, the following provision applies, and no provision to the contrary in the Recipient's proposal to the Department, shall be given effect. a) No agreement between Recipient and a Sub-Recipient shall eliminate or diminish Recipient's obligations to the Department under this Agreement. b) Recipient may not, as between the Department and the Recipient, assign Recipient's responsibilities to the Department under this Grant Agreement, to a Sub-Recipient. The Department shall in all instances look to Recipient for fulfillment of all requirements of this Grant Agreement in regard to all grant funds disbursed by the Department to Recipient, whether or not Recipient in turn disbursed all or part of such funds to a Sub-Recipient. c) Sub-Recipients shall provide reports required under this Grant Agreement to Recipient who shall aggregate and consolidate same into Recipient's reports to the Department as required by this Grant Agreement. The Department shall not receive reports directly from Sub-Recipients. d) Recipient shall assure that any Grant Agreement between Recipient and Sub-Recipients shall specifY that the audit attachment to this Grant Agreement shall apply to any Sub-Recipient. e) Agreements between the Recipient and any Sub-Recipient may not contain any term inconsistent with the terms of this Grant Agreement. E. CO\IPI.L\'\CI-: wnll CFO MBIOR·\'Ill'\l No../ 1) Recipient shall assure compliance by itself and by any Sub-Recipients, with CFO Memorandum No.4 (2005-06), effective June 30, 2006; including but not limited to the following provisions: 2) State financial assistance under this Agreement shall be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures at http://www.fldfs.com/aadir/reference%5Fguide! (contact the Department for a copy of the Reference Guide if unable to obtain a copy at the web address stated). 3) Those subject to this Agreement may charge only allowable costs resulting from obligations incurred during the term of the Agreement. 4) Any balances of unobligated cash that have been advanced or paid that is not authorized by the Department to be retained for direct program costs in a subsequent period must be refunded to the State. 5) Agreements with vendors must be procured in a manner that ensures a fair and reasonable price to the State and in compliance with applicable rules and regulations. F. l\xl'S No grant funds shall be used for payment of state sales and use taxes, or federal excise tax. G. TRAVEL EXI'E'\SES Recipient shall assure that grant funds are not expended by Recipient or Sub-Recipients for travel costs in excess of that which is payable to state employees for travel and per diem as prescribed by Section 112.061, Florida Statutes. H. LEGISL\T1VE CO'iTI'\Gr:'\CIES 1) This Agreement, and the Department's obligations under this Agreement, including but not limited to obligations in regard to disbursement of funds under this Agreement, are in all respects subject to future legislative action modifYing or terminating the grant program under s. 215.5586, Florida Statues, reducing or eliminating funds appropriated for the grant program under s. 215.5586, Florida Statutes, or otherwise imposing additional or modified requirements applicable to the Department, state agencies in general, grant Recipients, or activities under s. 215.5586, Florida Statutes. 2) If the necessary funds are not available to fund this Agreement as a result of action of the state Legislature, the Office of the Chief Financial Officer or the Office of Management and Budgeting, all obligations on the part of the Department to make any further payment offunds hereunder shall terminate, and the Recipient shall submit its closeout report within (60) days of receipt of notice from the Department. 1. REI'A'ME'\TS All refunds or repayments due the Department are to be made payable to the order of "Department of Financial Services," and mailed directly to the Department at the following address: Department of Financial Services Attn: Cashier, Finance and Accounting Unit Larson Building, Ground Floor 200 East Gaines Street Tallahassee, FL 32399 .J. AUOI:'\I!'\(; RH)I:IRDIE'\TS; SI:B-RECII'H:NTS. 1) Recipient shall establish and utilize accounting mechanisms and records in accordance with generally accepted accounting procedures and practices, which fully and accurately reflect, track, and document, the receipt, investment, expenditure, or refund of all grant funds disbursed under this Agreement, and which fully and accurately reflect, track, and document satisfaction of all matching requirements under this Agreement. 2) Where Recipient in its accounting mechanisms and records relies on reports and information from Sub-Recipients, Recipient shall have required and assured that such reports and information are based upon accounting mechanisms and records established and maintained by Sub-Recipients in accordance with generally accepted accounting procedures and practices, which fully and accurately reflect and track receipt, investment, and expenditure or refund of all grant funds disbursed to those Sub-Recipients, and which fully and accurately reflect, track, and document satisfaction of all matching requirements under this Agreement. 3) Co-mingling by Sub-Recipients of state grant funds with any other funds is strictly prohibited. Sub-Recipients shall establish and maintain accounting records for grant funds and grant matching funds, and shall account for such for grant funds and grant matching funds, on a basis separate and apart from other funds and activities of Sub-Recipients. 4) The Recipient shall for its own activities maintain, and shall assure that Sub-Recipients for their activities maintain, sufficient documentation of all expenditures of grant funds (e.g. detailed invoices, cancelled checks, payroll detail, bank statements, etc.) as will establish that expenditures are allowable per the grant and applicable laws, rules, and regulations; and are reasonable and necessary for the purpose of fulfilling obligations under this grant. K. AtllITS. Recipient and Sub-Recipients are subject to an audit as authorized or required in accordance with OMB Circular A-l33 and Section 215.97, Florida Statutes (see Attachment A). In addition, the Department may monitor the performance of Recipient and any Sub-Recipients using mechanisms to include, but not be limited to, on-site visits by Department of Financial Services staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. L. TEIÜI OF Tltl: AGIUiUIE"! This Agreement shall become effective upon the date the last of the parties shall execute the agreement. This Agreement shall, unless terminated earlier as authorized by this Agreement. terminate on the earlier of: (1) on the same day of the same month 24 months from the effective date (or the first business day thereafter if the termination date would otherwise fall on a weekend or state holiday); (2) June 30, 2009. The parties may by mutual consent in writing extend the term ofthis contract, subject to section 215.5586, Florida Statutes. M. nR\II\\T10\. 1) Termination for Convenience. a) Either party may terminate this Agreement at any time for any reason upon the submission of thirty (30) days prior written notice to Recipient. b) Upon such notice of termination by the Department to Recipient. no new contracts shall be executed by the Recipient or Sub- Recipients. The Recipient and Sub-Recipient must in good faith manage work in progress until completion. The Recipient or Sub-Recipient shall as soon as reasonably possible refund or cause to be refunded to the Department any unexpended and unobligated grant funds disbursed by the Department to Recipient or by the Recipient to Sub-Recipients. c) In no event shall the Department be liable to Recipient, by way of damages or otherwise. for any amount beyond amounts actually disbursed to Recipient as of the date oftermination. d) In no event shall Department or the State of Florida have any financial obligation, for damages or otherwise, to Sub- Recipients. e) Notwithstanding that Department terminates the Agreement not for cause, the Recipient shall not be relieved ofliability to the Department for damages sustained by the Department by virtue of any breach of this Agreement by the Recipient. 2) Termination for Cause. A) Grounds for termination of this Agreement by the Department for cause shall include that the Recipient: a) Commits any material breach of this Agreement; b) Fails to supervise Sub-Recipients with reasonable diligence to assure compliance with this Agreement; c) Fails to promptly take appropriate and adequate corrective or remedial action to address any misuse of grants funds by any Sub-Recipient; d) Fails to assure that work under grant funds disbursed begins and proceeds with reasonable dispatch; e) Fails to assure that grant funds disbursed to Recipient or by Recipient to Sub-Recipients are properly used and accounted for in accordance with this Agreement and s. 2I5.5586(2)(d), Florida Statutes. f) Discontinues the performance of the work without first terminating this Grant Agreement; g) Fails to resume or cause to be resumed work that has been discontinued within a reasonable time after notice to do so: h) Becomes insolvent or is declared insolvent, unless within (30) days Recipient (including its receiver or trustee in bankruptcy) provides to the Department adequate assurances, reasonably acceptable to the Department, of Recipient's continuing ability and willingness to fulfill its obligations under this Grant Agreement; i) Makes an assignment of its rights or obligations, for the benefit of creditors or otherwise, without the advance written approval of Department; j) Makes or has made any intentional misrepresentation, or any intentional omission to state (the lack of which made the statement misleading), in any oral or written statements or materials provided to Department; k) Fails to comply with applicable Florida public records laws in chapter 119, Florida Statutes; or fails to take reasonable steps to assure/obtain compliance by any Sub-Recipients with said applicable public records law. 1) Fails to assure matching funds indicated in its proposal are provided. B) Should the Department determine that grounds for termination for cause exist; the Department shall give written notice to Recipient, stating the grounds. If the grounds are not cured by Recipient within (10) days of such written notice provided by the Department, this Agreement may be terminated by the Department on such 10th day, and the Department shall give written notice of termination to Recipient. (1) Upon such notice of termination by the Department to Recipient, no new contracts shall be executed by the Recipient or Sub-Recipients. The Recipient and Sub-Recipient must in good faith manage work in progress until completion. The Recipient or Sub-Recipient shall as soon as reasonably possible refund or cause to be refunded to the Department any unexpended and unobligated grant funds disbursed by the Department to Recipient or by the Recipient to Sub-Recipients. (2) Be liable for damages to the Department resulting from the termination, including but not limited to any expenses that the Department may incur in securing a substitute Recipient to assume completion of activities under grant funds disbursed. (3) Within (60) days provide the Department with a closeout report. 3) Emergency Termination. The Department may terminate the Agreement without advance notice if the Department determines that an emergency condition exists endangering the public health, safety, or welfare. N. DU'.\lt i\IE:\T RUAno' TO RUIPIFX¡ \ \1) A\\ SIIl-RLClI'IE'-TS 1) Nothing in this Agreement shall be construed as waiving the sovereign immunity of the Department or the State of Florida. 2) Neither the Recipient nor any Sub-Recipient shall be considered an employee or agent ofthe Department or the State of florida. 3) Neither the Recipient nor any Sub-Recipient has any authority whatsoever to represent or bind the State of Florida or the Department in any matter or to any obligation. 4) The Department and the State of Florida shall not be liable for or responsible to fulfill any agreement made or obligation undertaken by the Recipient or any Sub-Recipient. 5) The Department and the State of Florida shall not be liable or responsible for any act, omission to act, negligence, or representation by the Recipient or any Sub-Recipient, or by any employee, volunteer, contractor, or vendor of Recipient or any Sub-Recipient. 6) The Recipient and the Sub-Recipients shall hold the Department harmless against loss or liability or expense occasioned by the Recipient's or Sub-Recipient's acts, omissions to act, negligence, or representations or misrepresentations. O. MISCELL\"\EOlS PIHlVISIO"\S 1) Effective Date. This Agreement will be effective as of the later ofthe dates executed by the parties. 2) Entire Agreement. This instrument and any referenced attachments embody the entire agreement of the parties. There are no other provisions, terms, conditions, or obligations. This Agreement supersedes all previous oral or written communications, representations or agreements on this subject. 3) Controlling Law and Venue; Disputes. a) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. b) The parties agree that disputes between them not amicably resolved, shall be decided in administrative litigation under chapter 120, Florida Statutes. c) If a dispute is determined not to be within the jurisdiction of the Division of Administrative Hearings to hear under chapter 120, Florida Statutes, the parties agree that venue for civil court litigation shall be in Leon County, Florida. 4) Assignment. Recipient may not assign its rights or obligations under this Agreement, without the prior written consent of the Department. 5) Survival of Obligations. The respective rights and obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, those regarding, proprietary interests, liability, limitations of liability, and hold harmless clauses, shall survive termination or expiration of this Agreement. 6) Public Records. It is anticipated that this Agreement and all records related to this Agreement or to the performance of this Agreement will be public records under chapter 119, Florida Statutes, subject to disclosure except to the extent of exceptions specified in the Florida Statutes 7) Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the remaining provisions shall be deemed severable from the stricken provision, and shall remain in full force and effect. 8) Record Retention Requirements. Recipient and Sub-Recipients shall comply with all applicable records retentions requirements imposed by state statute or rule. See Department of State, General Records Schedule GSI-SL, Item #348, which requires retention by Recipient and Sub- Recipients oftheir records relating to their grant application process and the receipt and expenditure of grant funds. These records may include, but are not limited to, grant applications; contracts; agreements; grant status, narrative, and financial reports; and supporting documentation. Project completion has not occurred until all reporting requirements are satisfied and final payments have been received. The records shall be retained for five fiscal vears after completion of project provided applicable audits have been released. In the event of any apparent or actual conflict between retention requirements, the longer retention requirement shall control. 9) Waiver of Rights Not to be Implied. No delay or omission in particular instances to exercise any right, power, or remedy accruing to either Party upon breach or default by either Party under this Agreement, will impair the subsequent exercise of any such right, power, or remedy of the same or other Party; nor will such delay or omission be construed as a waiver of any breach or default or any similar breach or default. 10) Counterpart Originals. This Agreement may be executed in counterparts, each of which shall be considered an original for all purposes. 11) Lobbying and Integrity. Pursuant to Section 216.347, Florida Statutes, neither the Recipient nor any Sub-Recipient shall expend any State funds H... for the purpose of lobbying the Legislature, the judicial branch, or the executive branch/state agency." In addition, neither the Recipient nor any Sub-Recipient shall, in connection with this or any other agreement with the State, directly or indirectly (I) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. 12) Disqualified Persons and Entities. Recipient represents to the Department that Recipient has not been placed on the public entity crimes list or the discriminatory vendor list under Chapter 287, Florida Statutes. Recipient agrees not to accept or utilize as a Sub-Recipient any person or entity that has been placed on the public entity crimes list or the discriminatory vendor list under Chapter 287. 13) Compliance with Federal, State and Local Laws. Recipient shall assure that it and all its Sub-Recipients comply with all applicable federal, state and local laws and regulations, including, but not limited to, those regarding nondiscrimination, wages, social security, worker's compensation insurance, employment of alien workers for compensation; obtaining required building permits and inspections, and contractor licensing. 14) Competitive Prevailing Rate Limitation. Recipient agrees and shall assure that in no event shall grant funds disbursed under this Agreement be used by Recipient or Sub- Recipients to make payment for any services at a rate of payment in excess of the competitive prevailing rate for such services, as required by Sec. 216.3475, Florida Statutes. IS) Modification of Agreement: Address for Notices. a) This Agreement may be amended only by an express agreement of an authorized representative of the parties. The authorized representative of the parties for purposes of agreement to modification of this Agreement, shall be as follows: 1) For the Department, the only authorized representatives shall be: the Chief Financial Officer, the Chief of Staff; or a Deputy Chief Financial Officer. 2) For Recipient, the authorized representative shall be as set forth in Attachment E (Recipient Authorized Representative; Address for Notices). b) Notices required to be in writing must be delivered by hand delivery, certified mail or receipted courier and shall be deemed received on the date received or the date of the certification or receipt. Any Notice to the other party required under this Agreement shall be sent to address as follows: To the Department at: Department of Financial Services My Safe Florida Home, Artn: Steven L. Massey Larson Building, 5th Floor 200 East Gaines St. Tallahassee, FL 32399 To Recipient at: See Attachment G (Recipient Authorized Representative; Address for Notices) 16) Table of Contents, Headings. The omission of any provision herein from the table of contents of the Agreement shall not be deemed to exclude or diminish the effect of the provision. The language used in headings in this Agreement shall not be deemed to expand or restrict the application of the provision to which the heading applies. 17) Publication or Statement of State Sponsorship. Pursuant to s. 286.25, Florida Statutes, any nongovernmental organization which sponsors a program financed partially by state funds or funds obtained from a state agency shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (name of organization) and the State of Florida." If the sponsorship reference is in written material, the words "State of Florida" shall appear in the same size letters or type as the name of the organization. 18) Recipient's Proposal Binding. Recipient shall not, while this Agreement is in effect, deviate from or modifY its program as described in its narrative attached hereto, without the expressed advance written agreement of the department. 19) Attachments. In the event of any inconsistency between the terms of an Attachment and the terms and conditions set forth in the body of this Agreement, the terms and conditions set forth in the body of this Agreement shall control. Subject to said proviso, attachments to this Agreement are made a part of this Agreement by this reference. SIG'\ATlIU:;; IN WITNESS WHEREOF, the Department of Financial Services and Recipient, by their duly authorized representatives, execute this Agreement. Recipient Representative: Title: Recipient's FEIN: 59-6000835 Date Department of Financial Services Chief of Staff or Designee Date ;\ II.\CI/\1I-:YI ,A.. Sr\Gu. Acnrr A(I. Fum(l) \ STYll 'II:" SHTIO\:2 15.97 The administration of resources awarded by the Department to Recipient and by Recipient to Sub-Recipients (if any) (in this attachment Recipient and Sub-Recipients collectively referred to as the "Contractor") shall be subject to audits and/or monitoring by the Department, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures shall include, but not be limited to, on-site visits by Department staff, limited scope audits as defmed by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Contractor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Contractor is appropriate, the Contractor agrees to comply with any additional instructions provided by the Department staff to the Contractor regarding such audit. The Contractor further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the Contractor is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. I. In the event that the Contractor expends $500,000 or more in Federal awards in its fiscal year, the Contractor must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT I to this Attachment A indicates Federal resources awarded through the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Contractor shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-l33, as revised. An audit of the Contractor conducted by the Auditor General in accordance with the provisions OMB Circular A-l33, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph L the Contractor shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the Contractor expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions ofOMB Circular A-133, as revised, is not required. In the event that the Contractor expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB Circular A- 133, as revised, the cost ofthe audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from Contractor resources obtained from other than Federal entities). PART II: STATE FUNDED This part is applicable if the Contractor is a non-state entity as defined by Section 215.97(2), Florida Statutes. 1. In the event that the Contractor expends a total amount of state financial assistance equal to or in excess of$500,000 in any fiscal year of such Contractor (for fiscal years ending September 30, 2004 or thereafter), the Contractor must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this Agreement indicates state financial assistance awarded through the Department by this Agreement. In determining the state financial assistance expended in its fiscal year, the Contractor shall consider all sources of state financial assistance, including state financial assistance received from the Department other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non-state entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph I, the Contractor shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defmed by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the Contractor expends less than $500,000 in state financial assistance in its fiscal year (for fiscal years ending September 30,2004 or thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the Contractor expends less than 5500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the Contractor's resources obtained from other than State entities). 4. Web sites where information that would help facilitate the Contractor's compliance can be obtained at: https://apps.fldfs.com!fsaa/. PART III: OTHER AUDIT REQUIREMENTS Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of state fmancial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits. PART IV: REPORT SUBMISSION I. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Contractor directly to each of the following: A. The Department at each of the following addresses: Department of Financial Services My Safe Florida Home, Attn: Steven 1. Massey 200 East Gaines S1. Larson Building, 5th Floor Tallahassee FL 32399-0317 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-l33, 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 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A-l33, as revised. 2. Pursuant to Section .320 (t), OMB Circular A-l33, as revised, the Contractor 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 Financial Services My Safe Florida Home, Attn: Steven 1. Massey 200 East Gaines S1. Larson Building, 5th Floor Tallahassee FL 32399-0317 3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the Contractor directly to each of the following: A. The Department at each of the following addresses: Department of Financial Services My Safe Florida Home, Attn: Steven 1. Massey 200 East Gaines St. Larson Building, 5th Floor Tallahassee FL 32399-0317 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee. Florida 32399-1450 4. Copies of reports or the management letter required by PART III of this Agreement shall be submitted by or on behalf of the Contractor directly to: A. The Department at the following address: Department of Financial Services My Safe Florida Home, At1n: Steven L. Massey 200 East Gaines St. Larson Building, 5th Floor Tallahassee FL 32399-0317 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-l33, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Contractors, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Contractor in correspondence accompanying the reporting package. PART V: RECORD RETENTION 1. The Contractor shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of (5) years from the date the audit report is issued, and shall allow the Department or its designee, CFO, or Auditor General access to such records upon request. The Contractor shall ensure that audit working papers are made available to the Department or its designee, CFO, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. NOTE: Records need to be retained for at least (5) years to comply with record retention requirements related to original vouchers prescribed by the Department of State, Division of Library and Information Services, Bureau of Archives and Records Management. EXHIBIT 1 TO THIS A TT ACHMENT FEDERAL RESOURCES A WARDED TO THE CONTRACTOR PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program: None COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Federal Program: Not applicable STATE RESOURCES AWARDED TO THE CONTRACTOR PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Federal Program: None SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project Title: My Safe Florida Home Local Government Grant Program State Awarding Agency: Department of Financial Services Catalog of State Financial Assistance Title and Number: 43.002 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: See Grant Agreement. ArL\C1I\IE'\T B. ST\TE\IP,T OF WORh Recipient shall provide the following services (as further specified in the Recipient's proposal attached hereto) to the Department of Financial Services (Department) under the Grant Agreement (the "Ab'Teement") between the Department and Recipient. In the event of inconsistency between this statement of work and Recipient's attached proposal, the terms of this statement of work shall control. I) Overview As authorized under s. 215.5586(2)(d), Florida Statutes, the Department shall disburse grant funds to Recipient in accordance with the disbursement schedule attached to this Agreement. Recipient shall utilize such grant funds for the sole purpose of accomplishing "eligible types of retrofit work" on "eligible residences" within the territory served by a local program operated by Recipient consistent with this Grant Agreement. It is anticipated that the Recipient's program will be primarily directed towards eligible residences owned by low income persons as defined at 215.5586(2)(g), Florida Statutes, and/or eligible residences in hurricane vulnerable or impacted areas. 2) Source/Selection of Homeowners to Be Served a) The homeowners and residences to be served by Recipient using grant funds will come from sources identified below. Recipient may use any option during the term of this Grant Agreement, subject to the specific terms and conditions of the respective options as indicated below. Expenditure of grant funds shall fully comply with this Grant Agreement regardless of the following sources or methods by which the homeowner and residence came to be served in the Recipient's local program. (I) Homeowners Applving Direct To Recipient's Program. The Recipient may accept applications directly to Recipient from persons in Recipient's local area of service. For the purpose of preventing duplication of services to homeowners, if Recipient uses this option Recipient shall provide bi-weekly reports electronically transmitted to the Department concerning the identity of persons and residences entering Recipient's program by this route (see reporting requirements in Deliverables attachment to this Grant Agreement). (2) Homeowners Who Have Alreadv Received an Inspection through the Department. The Department will upon request of Recipient, in accordance with procedures and criteria mutually agreeable to Recipient and the Department, provide Recipient with information on homeowners who: I. have applied to and received a free wind inspection through the My Safe Florida Home program; 2. whose residence is located within the territory served by Recipient's Program; 3. whose application meets criteria mutually agreed upon between the Recipient and Department; and 4. who have not yet applied to the Department for a grant. (3) Homeowners Selected from Department Application Database Who Have Not Received an Inspection. The Department will upon request of Recipient, in accordance with procedures and criteria mutually agreeable to Recipient and the Department, provide Recipient with information on homeowners who: 1. have applied to the Department for a free wind inspection in the My Safe Florida Home program; 2. whose residence is located within the territory served by Recipient's Program; 3. whose application meets criteria mutually agreed upon between the Recipient and Department; and 4. who have not yet applied to the Department for a grant. b) Based on Options (2) or (3): (1) The Department will, for a period of time mutually agreeable to the Department and the local government, put aside and take no further action on homeowner information provided to the local government for review. During this period of time the local government will expeditiously review the information provided and identifY applications which the local government wants to have assigned to its local program. The Recipient will contact applicants it believes may be appropriate for its local program, and verifY eligibility, and obtain the consent of the applicant to be transferred from the state's main program to the local program. Recipient shall require homeowners who are to receive assistance in Recipient's program to indicate in a signed writing their agreement to the following condition: "I, [enter Homeowner's nameJ, understand that if! accept assistance for specific mitigation improvements through the [enter name of Recipient's program], 1 will not be eligible for grant assistance from the Florida Department of financial Services' direct grant program for the same improvements already provided through [enter name of Recipient's program J, under s. 215.5586, Florida Statutes." (2) Within the above-referenced time constraint and using electronic formats and procedures mutually agreed to by the Department and the local government, the local government will then notify the Department of the identity of the selected applicants who have agreed to be assigned to the local government program. The Department will then annotate its records showing assignment of those selected applicants to the local government's program. The un selected applicants will then revert to treatment in the Department's program. (3) The Department will send a letter to the selected applicants advising them that their application has been assigned by the Department to the local government program and that the applicant has or will be contacted by the local government program. (4) When the selected applicants are assigned by the Department to the Recipient's program, the Recipient becomes responsible for proactively contacting the applicant and taking steps as required and consistent with this Grant Agreement to move the matter towards accomplishment of retrofit work consistent with an inspection report as required by this Grant Agreement. (5) Use of Options (2) and (3) are contingent upon the Department having applications on hand meeting the mutually agreed criteria. In no event shall the Department be obligated to solicit applications for the purpose of providing same to Recipient. (6) If Recipient operates their own application process as per Option (1), Recipient shall serve applicants on any waiting lists in Recipient's own application process, before seeking referral of applicants from the Department under Options (2) and (3). 3) Matching Requirements a) The grant to Recipient under this Grant Agreement is a matching fund grant. The amount of required matching funds will depend upon whether and to what extent the Recipient uses the grant funds to serve low income persons, as cxplained and specified below. b) Low Income Residences -- No Match Required. No match is required regarding grant funds expended for: (I) direct costs of eligible types of retrofit work on an eligible residence owned by a low income person; and/or (2) a portion of overall administrative costs incurred by Recipient in its program under this grant and reasonably allocated by Recipient to that segment of Recipient's program which serves low income persons by accomplishment of eligible types of retrofit work on eligible residences owned by low income persons. c) All Other n Matching Required. All other grants funds expended or disbursed by Recipient, other than those exempted from the matching requirement pursuant to the immediately preceding paragraph regarding low income persons and their residences, must be matched by the Recipient with eligible matching funds 0) expended during the grant period (2) for accomplishment of eligible types of retrofit work (3) on an eligible residence, (4) on a dollar for dollar basis (one dollar of matching funds expended for every dollar of grant funds expended). d) Where matching is required under this grant, "indirect match" is allowed, as explained and limited in a separate section of this Grant Agreement, provided, direct and administrative costs incurred for or in support of eligible types of retrofit work on an eligible residence owned by a low income person on which grant funds were used, may not be used as matching funds. e) Example. Assume Recipient is awarded a $1 million grant. Recipient will use the grant funds to serve both low income persons and non-low income persons. .0) Pursuant to the 5% cap on use of grant funds for administrative costs, only $50,000 of the grant funds may be spent for administrative costs, and this is true regardless of whether or to what extent Recipient serves low income persons. At least $950,000 in grant funds must be spent for Department program costs. '(2) Administrative costs would be allocated between low income and non-low income work, in the same proportion as direct costs for low income work and direct costs for non-low income work, bear to total direct costs for both types of work. Thus if$950,000 spent for direct costs included $285,000 on low income work and $665,000 on non-low income work, then assuming $50,000 in grant funds were spent for administrative costs, $15,000 of the administrative costs would be allocated to the low income work and would not have to be matched; and $35,000 would be allocated to non-low income work and would have to be matched. · To the extent Recipient can reasonably document that the low income work involves a higher level of administrative costs as compared to non-low income work, Recipient may allocate a larger proportion of the $50,000 in administrative costs to the low income work. · In this example, a total of$300,000 of grant money (attributable to low income work) would not have to be matched; and $700,000 (attributable to non-low income work) would have to be matched dollar for dollar. · Regarding non-low income work, the local government may require the matching funds to be provided by the homeowner being served. However, the local government is free to use any other type or combination of eligible matching funds (see below) in lieu of requiring matching funds from the homeowner. · In this example, costs of the inspections required under this Grant Agreement would be paid for out of grant funds, for both low income and non-low income work. Where the inspection was on a low income residence, no match of the inspection cost would be required, but where the inspection was on a non-low income residence, thc grant funds expended for the inspection are subject to the matching requirement. f) Eligible matching funds include any combination of the following: I) Community Development Block Grant (CDBG) funds or other federal funds, as permitted by federal law, rules, and federal grant terms and conditions. 2) Local government funds. 3) Homeowner funds (provided, the Recipient shall not require a match from any person who qualifies as a low income person). 4) Appropriately valued and accounted for donated labor and/or materials (i.e., in-kind donations). 5) State Housing Initiatives Partnership (SHIP) funds; 6) Residential Construction Mitigation Program (RCMP) funds; 7) Hazard Mitigation Grant Program (HMGP) funds; 8) Federal Emergency Management Agency (FEMA) funds; and 9) Other sources as proposed by Recipient in its proposal and approved by the Department. g. Indirect Match. (I) Indirect match, as explained, limited and illustrated herein, is allowed. An indirect match occurs when the Recipient matches use of grant funds to accomplish retrofit work on one eligible residence, with the value of eligible retrofit work accomplished by Recipient on a different eligible residence on which no grant funds were used. (2) To be allowed and counted as an indirect match, the work being offered for indirect match purposes must: (a) be retrofit work within one of the seven eligible types of work under s. 215.5586, Florida Statutes, and which satisfies Blueprint for Safety Code-plus standards; (b) be done on a residence that is an eligible residence under this grant; (c) have been begun on or after the date of this grant award to Recipient; (d) be done as part of Recipient's program; and (e) must not be work on the residence ofa low income person on which grant funds were used. (3) For re-roofing and window replacement work, an indirect match may include only the incremental cost of the work expended to bring the base job up to Blueprint for Safety code-plus standards (see separate discussion in this Grant Agreement. regarding incremental cost limits). (4) Examples regarding indirect match. Example I: Grant funds in the amount of$5,000 are used by the Recipient to purchase and install qualifYing shutters on eligible residence A. The Recipient does not expend any matching funds on home A. However, in Recipient's program, using local government funds and/or donated materialsllabor, Recipient re-roofs to Blueprint for Safety "code-plus" standards, three eligible residences (B, C, and D), and in the aggregate the "code-plus" incremental cost of those three re-roofingjobs was $5,000. Recipient expends no grant funds on residences B, C, and D. Assuming that the Recipient's file and records concerning eligible residence A specifically identifies and adequately documents the match on eligible residences B, C, and D, Recipient may count the $5,000 expended on eligible residences B, C, and D, as match against the $5,000 in grant funds expended on eligible residence A. Example 2: The cost of installing shutters with grant funds on eligible residence A may not be matched by showing improvements to plumbing on the same or another eligible residence. Example 3: Recipient may not show an indirect match by reference to work done by a nonprofit entity in the non- profit entity's program, where the non-pro fit's program was not, at the time the work was done, formally (as reflected by written agreements between the Recipient and the nonprofit entity) a part of Recipient's program. 4) Direct Program Costs Defined a. Direct Program costs include costs directly attributable to completing the deliverables of this project. Direct program costs are defined as those that can be identified with a specific cost objective and charged directly to their cost objective. This means activities dedicated directly to performing inspections and repair/retrofit work, including, but not limited to: I. Costs for staff dedicated to performing inspections and retrofit work (including salary, benefits, training and travel) who train, monitor inspectors and general contractors; or who perform inspections, or repair/retrofit work, if the purpose is to carry out the deliverables of this Agreement. For the direct salary we are requiring project timesheets, which should be sufficient as they capture actual time worked on our project. 2. Costs for independent evaluations and any internal evaluations of the project that are related specifically to performing post-inspections and retrofit work issue resolution to result in quality improvement. 3, Costs, attributable to staff that work in a direct project support, operational, or oversight capacity, including, but not limited to: support staff whose functions directly support project activities; staff who coordinate and facilitate single or multi-site project activities. 4. Space, facility and communications costs reasonable, necessary and directly related to this project's operations. 5) Administrative (i.e., indit'ed) Costs Defined; Capped a. Not more than 5% of grant funds disbursed by the Department to Recipient may be used for payment of administrative costs. Administrative costs are general or centralized expenses of the overall administration of an organization that receives funds and does not include particular project costs. Startup costs may exceed the percentage administrative allowance; so long as actual budgeted expenses for a period of four quarters, and thereafter based on a fiscal year, average below the percentage, the budgets will be acceptable as to this allowance. Administrative costs include, but are not limited to: 1. Costs for staff not dedicated directly to performing inspections and retrofit work (including salary, benefits, training and travel) but dedicated to administrative functions including director salaries office supplies, office equipment, etc., staff who train, monitor Sub-Recipients; or who develop materials used in such activities, if the purpose is to carry out the deliverables of this Agreement; staff who review, disseminate and implement guidance and policies directly relating to this project. Salaries for indirect usually include management, personnel, accounting, etc. A percentage of indirect salary expenses may be allocated to the project to the extent of their actual benefit to the project. The recipient and Sub-Recipient should maintain sufficient documentation to support the allocation methodology and to demonstrate the salary allocations are reasonable, necessary, allowable, and equitable. 2. Costs for financial, accounting, auditing, contracting or general legal services, except in cases that are specifically related to this project. Documentation to support these activities include e.g. cash disbursement or purchase journal items, providing evidence of allocation of expenditures dedicated solely to the separate bank account to carry out the deliverables of this Agreement. 3. Costs for general liability insurance that protects the organization(s) responsible for operating this project. 4. Costs of space, base utilities, and communication (telephone, fax, and Internet) that support administrative personnel. 5. Administrative costs may also include that portion of salaries and benefits of the project's director and other administrative staff to the extent attributable to the time spent in support of this specific project. Recipient may not use any grant funds for salaries except to the extent Recipient has provided documented evidence of hours worked on this program. b. This 5% cap applies to the combined total aggregate of administrative costs charged by Recipient and any Sub-Recipients against grant funds. Example: Assume the total grant amount to Recipient is $1 million. The combined total agb'l'egate of administrative costs that may be charged against that $1 million by Recipient and all Sub-Recipients, is $50,000. Assume Recipient distributes $500,000 of the $1 million grant funds to Sub-Recipient "A". Assume Recipient uses $50,000 of grant funds for Recipient's administrative costs. Sub-Recipient "A" may not use any of the grant funds distributed to "A" for administrative costs, because Recipient has used up the total allowable administrative cost allocation. Recipient is responsible to assure Recipient and any Sub-Recipients comply with this provision. c. For purposes of this Grant Agreement, the term "administrative costs" is synonymous with "indirect costs" and "facilities and administration costs. as those terms are used in federal OMB Circulars A-87 and A-2 I. 6) Low-Income Person Defined; Verification Procedures a. For the purposes of this Agreement, "low income person" is as defined at s. 215.5586(2)(t) and 420.0004(10), Florida Statues (2005): "Low-income persons" means one or more natural persons or a family, the total annual adjusted gross household income of which does not exceed 80 percent of the median annual adjusted gross income for households within the state, or 80 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, ifnot within an MSA, within the county in which the person or family resides, whichever is greater. b. It is Recipient's responsibility to verify the status of persons as "low income persons." Recipient may use documentation through the State Housing Initiatives Partnership (SHIP) Act, s. 420.907, Florida Statues, for verification of an applicant's status as a "low income person" or by accepting a self-certification of low-income eligibility from the homeowner (see form #2.) c. If Recipient or Sub-Recipient has a form that complies with s. 215.5586 (2)(g) Florida Statutes, this form will be acceptable. 7) Eligible Residences a. As used in this Grant Agreement, the term "Eligible residences" includes only residences in Florida which: (I) have i. a current homestead exemption as shown in the records of the county property appraiser where the residence is located; ii. property insurance currently in force that covers damage to the residence from hurricane winds (this criteria does not apply ¡fthe residence is owned by a low income Homeowner); iii. an insured value of$300,000 or less (this criteria does not apply if the residence is owned by a low income Homeowner); and (2) which are single family, site-built, owner-occupied, detached residential properties. b. Priority should be given to homes built before March 1,2002 and located in the wind-borne debris region as defined in s, 1609.2, International Building Code (2006). c. Rental properties and properties used in whole or part for commercial activities are not eligible residences. d. A flood insurance policy is not an acceptable form of proof of insured value for the home. 8) $5,000 per Residence Cap Under no circumstances may more than $5,000 in grant funds may be used in aggregate on anyone residence or any other cap imposed by the Legislature. 9) Required Certificate of Eligibility a. Prior to any work being done on a particular residence using grant funds, the Recipient or Sub-Recipient shall cause to be executed and placed in a file maintained by Recipient or Sub-Recipient, for that residence, a Certificate of Eligibility regarding that residence. The Certificate shall attest that: (I) the residence is a single family, detached, site-built home; (2) the residence has a homestead exemption as indicated in the records of the county property appraiser; (3) there is property insurance in force that covers damage to the residence from hurricane winds unless uninsured and qualifying as a low income person; and (4) the residence has an insured value not in excess of $300,000 unless uninsured and qualifying as a low income person. b. The Certificate shall indicate whether the Homeowner has been qualified by Recipient as a low-income person. c. The Certificate shall be signed by the homeowner and a responsible representative of the Recipient or Sub-Recipient. The Recipient may use the form suggested by the Department, or Recipient may design and submit for Department written approval a proposed form of Certificate of Eligibility, which when approved by the Department shall be used Recipient and by all Sub-Recipients. d. See also the requirements ofthe paragraph herein entitled "Low income person defined; verification orocedures," and Form 2, for eligibility requirements and procedures in regard to classification of a person as a low income person for purposes of this grant. I 0) Eligible Types of Retrofit Work a. Grant funds may be used for retrofit work only in the following seven categories: I. Roof deck attachment; 2. Secondary roof water barrier; 3. Roof covering; 4. Brace gable ends; 5. Reinforce roof-to-wall connections; 6. Opening protection; and 7. Exterior doors, including garage doors. b. The seven categories of eligible types of work are more specifically identified in the Federal Alliance for Safe Homes (FLASH) publication "Blueorint for Safety. Contractor's Field ManuaL Volume II. June 2002," section entitled "Wind Retrofit," available on the Department website. c. As used in this Grant Agreement, references to eligible types of work shall be understood to refer to the seven areas or categories of work identified in a) and b) above. Priority should be given to the following improvements when applicable: opening protection for all openings; exterior doors, including garage doors; and bracing of gable ends. d. Additionally for low-income homeowners, grant funding may be used for repair to existing structures leading to any of the mitigation improvements, limited to twenty (20) percent of the grant value. 11) Pre-Inspection Required; Form a. No retrofit work using grant funds shall be done on a residence except for work identified and recommended in a written report of inspection complying with s. 215.5586 (I), Florida Statutes. b. The Recipient may comply with the inspection requirement in either of the following ways: Option I. The Recipient may do the inspections through its own or other local government staff who have taken and passed the Department's specified inspector training course, and who are drug and background tested as required by s. 215.5586 (1 )(b), Florida Statutes. It will be Recipient's responsibility to assure that the inspection data collection form used is the same, and is completed, as in inspections conducted by the Department. The Recipient must record and provide to the Department in electronic form, in the Department's specified Microsoft Access 2003 table format, pursuant to procedures mutually agreeable to the Department and the Recipient, the data concerning each house inspected as recorded on the inspection data collection form. The Department will provide completed inspection reports to the Recipient in an electronic format as mutually agreed upon by the Department and Recipient. Option 2. The Recipient may contract with a WCE under contract with the Department, to conduct the inspections. It will be Recipient's responsibility to assure that the inspection data collected is forwarded to the Department in order to generate inspection reports. The Department will provide completed inspection reports to the Recipient in an electronic format as mutually agreed upon by the Department and Recipient. c. The cost of inspections conducted under options 1 or 2 above may be charged by the Recipient against grant funds, at the $150 fee that would be charged to the Department by the Department's WCE for conducting the required inspection or at the actual cost incurred by the Recipient to conduct the inspection, whichever is less. d. If the homeowner of the residence is uninsured, the inspection report generated for the homeowner for that residence will not include estimated premium discount information associated with the residence or improvements made to that residence. 12) Required Product Approvals All shutters, windows, garage doors, and other products and materials installed or used in retrofit work using grant funds, shall comply with the specifications of the Federal Alliance for Safe Homes publication "Blueprint for Safety. Contractor's Field Manual. Volume II. June 2002 (herein the "Field Manual") (see particularly pages 93-94), and shall have related product approvals from either the Florida Building Commission or the Miami-Dade County Building Dept product approval office. The Field Manual is available on the "For Contractors" page of the Department's My Safe Florida Home website. 13) Required Retrofit Techniques All retrofit work accomplished with grant funds or matching funds shall be done in accordance with the Federal Alliance for Safe Homes (FLASH) publication "Blueprint for Safety. Contractor's Field Manual. Volume II. June 2002," section entitled "Wind Retrofit" and applicable building codes. The "recommendations" set forth in the said Field Manual shall be regarded as mandatory requirements for work done on residences where grant funds under this Agreement are spent. The Field Manual is available on the "For Contractors" page of the Department's My Safe Florida Horne website. 14) Permits and Inspections Recipient and any Sub-Recipients shall assure that any required local building department permits and inspections are obtained from local building department authorities. 15) Licensed Contractor Su pervision Recipient and any Sub-Recipients shall assure that a licensed Florida contractor (licensed by the state contractor licensing board or a local contractor licensing authority), with a license appropriate to the type of work being done, provides general supervision for work done using grant funds. 16) Certificate of Completion Upon completion of work at any particular residence, Recipient or Sub-Recipients shall be required to obtain a form signed by the homeowner or local building official, and maintain in a file regarding that residence, certifYing that the work has been completed. Recipient may use the form suggested by the Department, or Recipient may prepare and submit to the Department for its written approval, a standard form for use in this regard by Recipient and all Sub-Recipients. 17) Quality Control Inspections a. Recipient shall be required to conduct random on-site inspections of at least 5% of all residences on which grant funds have been expended. The inspection shall be for the purposes of verifying that work done or being done complies with the requirements of this Grant Agreement and that all required records and accounts related to the expenditure of grant funds have been appropriately created and maintained. Recipient shall assure that such inspections are performed by persons not subject to any conflict of interest in the matter. Inspectors doing quality control inspections must have taken and passed the Department-specified inspector training course and test for hurricane mitigation inspections unless the inspector is a qualified local building official. The Recipient shall propose to the Department, for its written approval, a method or methods of conducting the required quality control inspections. b. In addition to the inspections to be conducted by Recipient under the paragraph above, it is understood that the Department at its own expense may inspect any jobs underway or completed by Recipient or any Sub-Recipient, and the Recipient and Sub-Recipient (if any) shall cooperate and facilitate such Department inspections. 18) Inspection of Sub-Recipient Accounting and Record Systems by Recipient Recipient shall conduct periodic examinations and/or inspections, including on-site visits, of the accounting operations and records of any Sub-Recipients, sufficient to provide reasonable assurance that such Sub-Recipients are complying with all applicable requirements of this Agreement and the agreement between the Recipient and the Sub-Recipient. The Recipient shall propose to the Department, for its written approval, a method or methods of conducting the required inspections. 19) Employees and elected officials of Recipient or Sub-Recipients -limitations on grants a. No employee, agent, consultant, officer, elected or appointed official of the Recipient or Sub-Recipient who exercise or have exercised any functions or responsibilities with respect to My Safe Florida Home funds or who are in a position to participate in a decision making process or to gain inside information with regard to such activities, may receive My Safe Florida Home funds or have a financial interest in any contract, subcontract or agreement with respect to the My Safe Florida Homes funds either for themselves or those with whom they have business or immediate family ties. b. Upon the written request of the Recipient, the Department may approve an exception to the provisions in paragraph a above, when it is demonstrated that the employee, agent, consultant, officer, elected or appointed official applied for and met all requirements of the local government program and did not receive any preferential treatment in any regard. 20) Incremental Costs Only; Repairing to Mitigate a. Grant funds may not be used to pay the base cost ofre-roofing or replacing windows. Grant funds may only be used to assist in paying the incremental cost of bring the base roofing or window replacement job up to Blueorint for Safety Field Manual standards. b. For low-income homeowners, grant funding may be used for repair to existing structures leading to any of the mitigation improvements, limited to twenty (20) percent ofthe grant value. 21) Homeowner Complaint and Dispute Resolution As between Department and Recipient and any Sub-Recipients, responsibility for addressing any and all complaints and disputes by homeowners on whose residences grant funds are expended, concerning inspections or work done or to be done using grant funds, shall be on Recipient or Sub-Recipients. If the Department receives such complaints it shall forward them to Recipient for resolution. Recipient shall assure that procedures and mechanisms are created for resolution of such complaints and disputes by homeowners. 22) Compliance with Miscellaneous Laws and Rules All work by Recipient and any Sub-Recipients shall conform to all applicable state and federal laws, ordinance, rules and regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, contractor licensing, and permitting. Responsibility for compliance shall be on Recipient. 23) Insurance Recipient shall assure that adequate liability insurance coverage is carried by Sub-Recipients when applicable, for the protection of homeowners served by Recipient or Sub-Recipients using grant funds. The Department does not provide any such liability insurance in regard to activities of Recipient or Sub-Recipient. Recipient shall assure that applicable workers compensation coverage is provided if and as required by Florida laws, regarding workers used by Recipient and any Sub- Recipients to provide services using grant funds. 24) Budget Recipient has provided the Department with Recipient's projected budget for operation of Recipient's program using grant funds (Attachment F). Recipient shall conduct its program in substantial conformity with the said budget, and shall not materially modify the said budget except with consent of the Department. 25) Reports (see Deliverables Attachment) 26) Travel All travel outside the Recipient's county, which travel will be charged in whole or part against grant funds, shall be authorized in advance by appropriate Recipient supervisory staff, on the suggested form entitled "Voucher for Reimbursement of Travel Expenses" and they contain all of the same information as required by Section 112.061, Florida Statutes. The Recipient's preferred travel forms may be used as long as they specify either (a) the total trip is related to the grant project or (b) if only a part of the trip is related to the grant project, the Recipient must specify what portiones) of the trip is related to the grant project. Recipient's Preferred Form must first be reviewed and approved by the Department. 27) Timesheets Recipient and Sub-Recipients (if any) shall record their time charged against grant funds, using the timesheet form suggested in this Grant Agreement. The Recipient may use an alternate time sheets as long as they either (a) show actual hours spent on the grant project or (b) include time for staff as a pre-stated percentage of time dedicated to the grant project. 28) Salaries Recipient and Sub-Recipients may not use any grant funds for salaries except to the extent Recipient has provided to the Department documented evidence of hours worked or to be worked directly on grant work. 29) Interest Earnings of Disbursements Recipient shall temporarily invest advances made under this Agreement, in interest bearing accounts in federally insured depository institutions; provided, any resulting interest income shall be recorded in Recipient's accounts regarding grant funds, and shall be applied to direct program costs under this grant, and will reduce the amount otherwise due under the last installment due under this Agreement. 30) Retention of Records Recipient and Sub-Recipients shall retain all paper and electronic records created pursuant to participation as a Recipient or Sub-Recipient, for a period of (5) years after the date their participation ends, unless expressly authorized by the Department to make earlier transfer or disposal of such records or portions of same. 31) Department Ad Hoc Requests for Information The Recipient (for itself and on behalf of Sub-Recipients) shall promptly and substantively respond to the Department's reasonable ad hoc requests for information and updates made in advance of periodic reporting dates. 32) Notice of Irregularities Recipient shall promptly inform the Department of any actual or suspected irregularities it discovers or which are brought to its attention, in regard to the Recipient or any Sub-Recipient's implementation of this Grant Agreement or handling of grant funds, which irregularity has or may significantly affect the timely accomplishment of Agreement goals, or has or may put in question the proper expenditure of grant funds. ATT\Cll\lI\;T C. DELlVERABLES References to "Agreement" refer to the Grant Agreement between Department and Recipient, unless indicated otherwise. I) Certificate of Eligible Residence Form. The Recipient may use the Department's suggested form; or may prepare and submit to the Department for its approval, a proposed Certificate of Eligible Residence form, which upon approval shall be uniformly utilized by Recipient regarding all residences, as above contemplated. Proposed form DUE NOT LATER THAN 30 days after Agreement execution and before first disbursement to Recipient. 2) Certificate of Low-Income Eligibility Form The Recipient may use the Department's suggested form; or the Recipient may prepare and submit to the Department for its approval, a proposed form, which upon approval shall be uniformly utilized by Recipient regarding all residences, as above contemplated Proposed form DUE NOT LATER THAN 30 days after Agreement execution and before first disbursement to Recipient. (3) Plan for Assuring Inspector Qualifications. No retrofit work using grant funds shall be done on a residence until a written report of inspection by personnel qualified to determine what retrofit measures, from among the seven allowable categories, are appropriate to the residence in question. The inspectors must have taken and passed the Department's specified inspector training class approved by the Department in advance. Grant funds may be used for retrofit work on a residences previously inspected by a federal or locally funded program that resulted in an engineering report that addresses mitigation improvements allowable under the Department's program. Before work on any residence using grant funds is done, the Recipient shall prepare and submit to the Department for its approval, a proposed plan of Assuring Inspector Qualifications. DUE NOT LATER THAN 30 days after Agreement execution and before first disbursement to Recipient. 4) Certificate of Completion Form The Recipient may use the Department's suggested form; or the Recipient may prepare and submit to the Department for its approval, a proposed form, which upon approval shall be uniformly utilized by Recipient regarding all residences, as above contemplated. Proposed form DUE NOT LATER THAN 30 days after Agreement execution and before first disbursement to Recipient. 5) Retrofit Contractor Qualifications Plan All retrofit work on any residence on which grants funds are expended shall be done under the supervision of a Florida licensed Contractor (licensed by the state contractor licensing board or a local contractor licensing authority) who has attended the Federal Alliance for Safe Homes training for contractors regarding hurricane retrofit techniques. Before work on any residence using grant funds is done, the Recipient shall prepare and submit to the Department for its approval, a proposed plan to assure that retrofit work is done by or under the supervision of a Contractor who has undergone the required training or by a Subcontractor who is a sole proprietor and who has undergone the required training. DUE NOT LATER THAN 30 days after Agreement execution and before first disbursement to Recipient. 6) Plan for Quality Control Inspection Recipient shall be required to randomly conduct or have randomly conducted an inspection of at least 5% of all residences on Recipient and each Sub-Recipient reports that grant funds have been expended. The inspection shall be for the purposes of verifying that work reported to be done has in fact been done, that program requirements have been complied with, and that all required records and accounts related to the expenditure of grant funds have been appropriately created and maintained. Recipient shall assure that such inspections are performed by persons not subject to any conflict of interest in the matter, who have taken and passed the Federal Alliance for Safe Homes' inspector training class or who is a qualified local building official. Before work on any residence using grant funds is done, the Recipient shall submit to the Department for its approval, a proposed plan for its quality control inspection process. DUE NOT LATER THAN 30 days after Agreement execution and before first disbursement to Recipient. 7) Plan for Inspection of Sub-Recipient Accounting and Record Systems by Recipient. Recipient shall conduct periodic examinations and/or inspections, including on-site visits, of the accounting operations and records of Sub-Recipients, sufficient to provide reasonable assurance that such Sub-Recipients are complying with all applicable requirements of this Agreement and the agreement between the Recipient and the Sub- Recipient. Before work on any residence using grant funds is done, the Recipient shall prepare and submit to the Department for its approval, a proposed plan outlining Recipient's method or methods of conducting the required inspections. DUE NOT LATER THAN 30 days after Agreement execution and before first disbursement to Recipient if applicable. 8) Report of Persons Entering Recipients Program Other than From Department's Database a. The report(s) required by this section relate only to homeowners who enter the Recipient's program by a method other than Recipient having selected the homeowner from the Department's application database. Homeowners, who enter the Recipient's program by a method other than Recipient having selected the homeowner from the Department's application database, are hereinafter referred to as "non-DFS originated homeowners." b. The Recipient shall report the data specified below to the Department, concerning every non-DFS originated homeowner entering Recipient's program, within 14 calendar days of the said homeowner entering the Recipient's program. c. Information to be reported: Name of local government or non-profit entity program Homeowner name Address ofresidence (street, city, zip) County of residence Parcel or other unique identifier assigned the residence by the county property appraiser Date entered local program d. The required information shall be reported by Recipient to the Department in an Excel electronic format and using procedures mutually agreed to by the Department and the Recipient. (spreadsheet will be supplied, in correct format) e. A homeowner shall be considered to have entered the Recipient's program when that program commences any action towards the possibility of obtaining a free wind inspection of the residence under s. 215.5586, or towards the possibility of accomplishing retrofit work on the residence using grant funds. f. The purpose of this requirement is to prevent duplication of work and/or assistance by homeowners who may apply to both the Department and the Recipient's program for free wind inspection and/or grant assistance. 9) Quarterly Reports a. Within 30 days after the end of each calendar quarter, the Recipient shall provide to the Department on disk or by email as directed by the Department, a Quarterly Report. (emailsshouldbesenttosteven.massevríilfldfs.com) The Quarterly Report shall consist of three parts: Part I. Report of Individual Homeowner/Grantee Data. Part 2: Report of Financial Data comparing budgeted to actual. Part 3. Other Financial and Operational Data. b. Each Part shall be on an Excel spreadsheet, utilizing the format specified by the Department. The Department shall provide the spreadsheet shell to Recipient in electronic form. Use of the Department's spreadsheet by the Recipient is mandatory. Because the Department will be aggregating data from multiple Recipients', Recipient will strictly adhere to the format provided by the Department. c. Recipient shall aggregate into its Quarterly Report data for any and all Sub- Recipients. The Department will not receive reports from Sub-Recipients. d. Direct versus indirect costs, and administrative and facilities costs, shall be accounted for by Recipient and Sub-Recipients consistent with federal OMB Circular A-87 and A-21. e. Financial data and financial reports shall be on an accrual basis in accordance with generally accepted accounting procedures, unless and to the extent Recipient expressly and specifically indicates otherwise in Recipient's proposal accepted by the Department. f. Recipient shall use consistent accounting methodologies and principles in and across all Quarterly Reports. Recipient shall not change its accounting methodologies or principles from those used or assumed by Recipient in preparing its proposed budget to the Department in the grant evaluation and award process, unless expressly authorized by the Department in writing. g. Recipient's and Sub-Recipients are responsible to create and maintain accounting records and supporting documentation to support all data reported. Quarterly Report, Part]: Report of Individual Homeowner/Grantee Data, Special Instructions Part I contains information on homeowners and residences served by the Recipient and its Sub-Recipients using grant funds or matching funds. Part ¡shall be cumulative - e.g., each spreadsheet shall show all homeowners and data shown on previous spreadsheets, but updated to show: I) revised data (if any) as to individual homeowners shown on most previous reports (e.g. date work began ifit began since last spreadsheet submitted); and 2) to show new homeowners (if any) added since the most recent previous report. The data shall be current and complete for all data of both Recipient and all Recipient's Sub-Recipients (if any), as of the last day of the calendar quarter for which the report it is submitted. Each row in the spreadsheet is a different Homeowner and their residence. All dates are to be in format mm/ddJyyyy. Leave the date cell blank to indicate action not yet accomplished or information not yet known. Quarterly Reports, Parts 2 and 3 The instructions for Parts 2 and 3 are on the report forms. 10) Close Out Report A grant closeout report shall be due (60) days after termination of the grant or expiration of the Grant Agreement. The closeout report shall be in the same format as the quarterly report, except that the column entitled "This quarter" shall be re-Iabeled "Periodfrom end afprevious quarterly report through end of performance under the grant;" and the column entitled "Cumulatively through end of quarter" shall be re- labeled "Cumulatively through end of performance under the grant." Data shall be reported in accordance with the re-Iabeled columns. ATT.\CII\IEYI D. Lo\\-I:\cOME VERIFICATlO'\ PHOCElHRI Mv Safe Florida Home (MSFH) Mitieation Proeram Elieibilitv Determination The documentation required by this Attachment or through SHIP documentation shall be genera'ed by the Recipient and executed copies placed by Recipient in the Recipient's file for each individual homeowner served in the Recipient:ç program under this grant, The documentation is not sent to the Department For the purposes ofthis Agreement, "low income person" is as defined at s, 215.5586(2)(t) and 420.0004(10), Florida Statues (2005): "Low-income persons" means one or more natural persons or a family, the total annual adjusted gross household income of which does not exceed 80 percent ofthe median annual adjusted gross income for households within the state, or 80 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, ifnot within an MSA, within the county in which the person or family resides, whichever is greater. ATI ACII M ['\'1 E. DISIll 'RSEMP,T SCIH: ) '1.[: FlJ N DING Co,<smERATloN" 1. Funding disbursements to Recipients are subject to the following under Florida Statutes: 216.181(16)(a) Funds provided in any specific appropriation in the General Appropriations Act may be advanced if the General Appropriations Act specifically so provides. (a) Any agency, or the judicial branch, that has been authorized by the General Appropriations Act or expressly authorized by other law to make advances for program startup or advances for contracted services, in total or periodically, shall limit such disbursements to other governmental entities and not-for-profit corporations. The amount that may be advanced shall not exceed the expected cash needs of the contractor or recipient within the initial 3 months. Thereafter, disbursements shall only be made on a reimbursement basis. Any agreement that provides for advancements may contain a clause that permits the contractor or recipient to temporarily invest the proceeds, provided that any interest income shall either be returned to the agency or be applied against the agency's obligation to pay the contract amount. This paragraph does not constitute lawful authority to make any advance payment not otherwise authorized by laws relating to a particular agency or general laws relating to the expenditure or disbursement of public funds. The Chief Financial Officer may, after consultation with the legislative appropriations committees, advance funds beyond a 3-month requirement ifit is determined to be consistent with the intent of the approved operating budget. 2. The total disbursements under this Grant Agreement shall not exceed $ 1,000,000, which sum is written as One Million Dollars unless this Agreement shall be modified as set forth herein. 3. Recipient shall be provided an advance payment of the first 90 days of operations, as indicated in Recipient's Projected Budget attached to this Grant Agreement and agreed to by the Department. 4. Following a 3-month advance, the Recipient cannot bill for administrative costs except in association with work done on residences, and the billings must then be limited to the 5% of the completed with work done on houses (either inspection work done or retrofit work done). 5. When the Recipient has spent 80% of a disbursement, Recipient may request disbursement of additional grant funds under this Grant Agreement. The Request For Funds (RFF) form will be supplied and shall be accompanied by documentation of the funds request in substantially the same form as the Quarterly Report required herein (if the request for additional disbursement corresponds in time with submission of a Quarterly Report, the Quarterly Report may be used as the report supporting the request for additional disbursement). 6. Each disbursement, following the initial advance shall be in an amount as determined by the Department in each instance to be prudent based upon the Department's evaluation of Recipient's performance under prior disbursement(s). ATT\CII\lF'T F. RECII'IE'T'S PKO.JECrEIlIUIH;Eï ATTACH HERE ATfAClI\IE"iT G, RECII'IENT AI!THORI7,ED REI'RESENTATlVE: AIlIJlU:SS FOR NOTlCL, AN D COM M U NleA TlONS Recipient's authorized representative for purpose of agreeing to modification(s) and receiving Notices or Communications under this Agreement is: Name and position title: The address to be used for all Notices and Communications under this contract is as follows: Street: City: Zill: ATT\Cmll:"f¡ H. GRANT AGREEMENT Column 1 Column 2 Attachment H: Grant Agreement Narrative: Mandatory form to be utilized Please state how you propose to address each requirement, noting in identifying elements in attachment and hyperlink references. Attachment B: Statement of Work, Attachment C, D, F& G I) Overview 2) Source/Selection Of Homeowners To Be Served. 3) Matching Requirements 4) Direct costs defined 5) Administrative (i.e., indirect) costs defined; capped. 6) Low-income Person Defmed; Verification Procedures 7) Eligible Residences 8) $5,000 per Residence Cap 9) Required Certificate of Eligibilitv 10) Eligible Types Of Retrofit Work II) Pre-Inspection Required; Form 12) Required Product Approvals 13) Required Retrofit Techniques. 14) Permits and Inspections 15) Licensed Contractor Supervision 16) Certificate of Completion 17) Quality Control Inspections 18) Inspection of Sub-recipient Accounting and Record Systems by Recipient 19) Employees and Elected Officials of Recipient or Sub- recipients - Limitations on Grants 20) Incremental Costs Only- Re-roofing and Window Replacement 21) Homeowner Complaint and Dispute Resolution 22) Compliance with Miscellaneous Laws and Rules 23) Liability Insurance 24) Reports (see Deliverables Attachment) 25) Travel 26) Timesheets 27) Salaries 28) Interest Earnings of Disbursements 29) Retention of Records 30) Department Ad Hoc Requests for Information 31) Notice of Irregularities Attachment C, Deliverables I) Certificate of Eligibility Form. 2) Plan for Assuring Inspector Qualifications. 3) Certificate of Completion Form 4) Retrofit Contractor Qualifications Plan 5) Plan For Quality Control Inspection 6) Plan for Inspection of Sub- recipient Accounting and Record Systems by Recipient. 7) Report of Person Entering Recipients Program Other than From Department's Database 8) Quarterly Reports 9) Close Out Report Attachment D, Low-Income Verification Attachment F, Recipient's Prnjected Budget Attachment G, Recipient Authorized Representative; Address for Notices FOR\lS & I'\STI{[(TIO'\S Summary 1. Certificate of Eligible Residence form. Recipient may use this form or propose its own form to the Department. 2. Certificate of Low-Income Eligibilitv form. Recipient may use this form or propose its own form to the Department. 3. Certificate of Completion form. Recipient may use this form or propose its own form to the Department. 4. Instructions for Preparing Narrative. Use is mandatory. 5. Instructions for Preparing Budget. Use is mandatory. 6. Budget format. Use is mandatory. This item is attached to the Agreement in electronic format (Excel). 7. Quarterlv Report Format. Use is mandatory. This item is attached to the Agreement in electronic format (Excel). 8. Travel Voucher. Recipient may use this form or its own form as acceptable to the Department. This item is attached to the Agreement in electronic format (Excel). 9. Timesheet. Recipient may use this form or its own form as acceptable to the Department. This item is attached to the Agreement in electronic format (Excel). 10. Additional forms. Additional forms for reporting weekly activities, assist in mitigation needs assessment, homeowner contracts, etc... will be provided to Grant Recipient via electronic communication or disk at time of funding of Grant Agreement. I. Certificate of Eligible Residence Certificate of Eligible Residence Florida Statutes s. 215.5586(2)(d) USE PERMANENT INK ONLY - NO PENCIL OR ERASABLE INK. (a) Name of homeowner/grantee: (b) Address of homeowner/grantee's residence being considered for grant fund assistance: (c) County in which residence is located: (d) Property parcel number as shown in County property appraiser records: Homeowner's Certification: I, the person named above as homeowner/grantee, do hereby certify that I own the residence identified above, it currently has a homestead exemption, and it is currently covered by property insurance including windstorm coverage unless uninsured and qualifying as a low-income person. Homeowner's signature Date Certification by Recipient or Sub-Recipient: The undersigned representative of the Recipient or Sub-Recipient certifies that: a. Sub-Recipient staff have verified by on-site inspection that the home identified above is a single family, site-built, owner-occupied residence, and is not a mobile home or manufactured home. b. Sub-Recipient staff have verified from the County Property Appraiser's website or office that the property has a homestead exemption under the parcel number shown above. c. That Sub-Recipient staff have obtained for their Sub-Recipient's files a copy of an insurance declaration page showing property insurance with windstorm coverage on the property that has an insured value of $300,000 or less, unless uninsured and qualifying as a low income person. Signature of Sub-Recipient Date 2. Certificate of Low-Income Eligibility Certificate of Low-Income Eligibility Florida Statutes s. 215.5586(2)(d) USE PERMANENT INK ONLY - NO PENCIL OR ERASABLE INK. (a) Name of homeowner/grantee: (b) Address of homeowner/grantee's residence being considered for grant fund assistance: (c) County in which residence is located: (d) Property parcel number as shown in County property appraiser records: Homeowner's Certification: I, the person(s) named above as homeowner/grantee, do hereby certifY under penalty of perjury that I own the residence identified above, it currently has a homestead exemption, and it that I qualifY as a low- income person. If understand that by signing this document I my low-income status may be audited and I will cooperate in any such audit. Homeowner's signature Date Homeowner's signature Date 3. Certificate of Completion Certificate of Completion Florida Statutes s. 215.5586(2)(d) USE PERMANENT INK ONLY - NO PENCIL OR ERASABLE INK. (a) Name of homeowner/grantee: (b) Address of homeowner/grantee's residence where work was performed using grant funds: (c) County in which residence is located: (d) Property parcel number as shown in County records: (e) Work was accomplished in the following areas on this residence (check applicable): a. _ Permanently affixed window shutters have been installed. b. _ Removable window shutters have been provided; attaching hardware has been permanently installed on the house. c. _ Other exterior window protection has been installed as follows: d. _ Garage door, high wind rated, has been installed as per Blueprint for Safety recommendations. e. _ Other exterior door/sliding glass door wind retrofit has been installed as follows: f. _ Roof deck attachment upgraded per Blueprint for Safety recommendations. g. _ Secondary roof water barrier installed per Blueprint for Safety recommendations h. _ Roof covering upgraded; per Blueprint for Safety recommendations i. _ Brace gable ends, per Blueprint for Safety recommendations j. _ Reinforce roof-to-wall connections; per Blueprint for Safety recommendations Homeowner's Certification: I, the person named above as homeowner/grantee, certifies that the work indicated above was what I was advised would be done before the work began, and that the work has been completed to the best of my knowledge. Homeowner's signature Date Recipient or Sub-Recipient's Certification: The undersigned representative ofthe Recipient or Sub-Recipient certifies that: (a) All of the work to be done on this residence using s. 215.5586 grant funds has been completed. (b) All work done and products/materials installed or used, using grant funds, comply with the requirements for the Federal Alliance for Safe Homes (FLASH) publication "Blueprint for Safety. Contractor's Field ManuaL Volume II. June 2002," section entitled "Wind Retrofit." (c) Any required local building department permits and inspections for work on this residence have been obtained. Signature of Recipient or Sub-Recipient Representative Date 4. Instructions for Preparing Grant Narrative: Your Narrative (which will be Attachment H to the Grant Agreement) must use the attached Narrative format. Note that the items in column I of the proposal format generally correspond to items discussed in the Statement of Work (Attachment B to the Grant Agreement). So, for most items in column I, you should carefully read the corresponding item in Attachment B Statement of Work, then in column 2 you should describe and discuss how you will address and comply with the Statement of Work regarding that item. Some or much of the information to be included in column 2 may be contained in your original application for the grant. In some instances, however, you may need to generate additional information to meet the requirements of the "statement of work." As an electronic MS Word table, Column 2 will expand to accommodate your narrative. The Department must have all of this information in electronic form, along with the additional attachments and deliverables which are also submitted electronically and the signed agreement submitted in hard copy, before we can disburse any funds. This electronic documentation provides the necessary foundation for your Grant database information and is important to track the success of this program. 5. Instructions for Preparing Proposed Budget: These instructions are to be used in preparing the required budget. The budget must use the attached budget format. Grant Proceeds: This amount should be the amount of grant funds requested if submitted as an attachment to the Grant Application or the amount of grant awarded if submitted as an attachment to the Grant Agreement. Local Government Match: This amount should be the amount of funding and type of funding the local government plans to allocate to the program to match state grant funds through My Safe Florida Horne (MSFH). Specify the type of funding used to match grant proceeds. Note: If local government is using CDBG, SHIP, HMGP, FEMA or other similar types of federal or state funding to match MSFH grant, and this funding is partially or fully restricted to housing renovation, repair and improvement, etc., and is not specific to Hurricane (Windstorm) Damage Mitigation as defined in Section 215.5586, Florida Statutes, the local government must first meet the requirements of those funding sources or reserve funding to meet the requirements for those funds. Funding used for home renovations, repairs, or improvements that are other than those listed in Section 215.5586, Florida Statutes is not considered match for the purposes of this grant. Local government must specify other funding sources used for match such as private funds (including homeowner matching funds), volunteer labor, or donated materials of demonstrated equal value. If the local government is using homeowner matching funds to match grant proceeds, local government must demonstrate that homeowner matching is meeting the requirements of Section 215.5586, Florida Statutes. Salaries and Benefits (Direct Program Costs):This amount a. include costs directly attributable to completing the deliverables of this project. Direct program costs are defined as those that can be identified with a specific cost objective and charged directly to their cost objective. This means activities dedicated directly to performing inspections and repair/retrofit work, including, but not limited to: I. Costs for staff dedicated to performing inspections and retrofit work (including salary, benefits, training and travel) who train, monitor inspectors and general contractors; or who perform inspections, or repair/retrofit work, ifthe purpose is to carry out the deliverables of this Agreement. For the direct salary we are requiring project timesheets which should be sufficient as they capture actual time worked on our project. 2. Costs for independent evaluations and any internal evaluations of the project that are related specifically to performing post- inspections and retrofit work issue resolution to result in quality improvement. 3. Costs, attributable to staff that work in a direct project support, operational, or oversight capacity, including, but not limited to: support staff whose functions directly support project activities; staff who coordinate and facilitate single or multi-site project activities. 4. Space, facility and communications costs reasonable, necessary and directly related to this project's operations. Other Personnel/Contractual Services (Direct Program Costs): This amount should be the amount for direct program costs including the compensation for services related to the program by persons who are not regular full-time employees, such as temporary employees, board members, consultants, inspectors or contractors, etc. SpecifY the type of service, associated costs, number of homes serviced and cost per home. Add additional categories as needed. Administrative Expenses (Indirect Program Cost Not to Exceed 5% of Program Award): This amount will be a. Not more than 5% of grant funds disbursed by the Department to Recipient may be used for payment of administrative costs. Administrative costs are general or centralized expenses of the overall administration of an organization that receives funds and does not include particular project costs. Administrative costs include, but are not limited to: 1. Costs for staff not dedicated directly to performing inspections and retrofit work (including salary, benefits, training and travel) but dedicated to administrative functions including director salaries office supplies, office equipment, etc., staff who train, monitor Sub-Recipients; or who develop materials used in such activities, if the purpose is to carry out the deliverables of this Agreement; staff who review, disseminate and implement guidance and policies directly relating to this project. Salaries for indirect usually include management, personnel, accounting, etc. A percentage of indirect salary expenses may be allocated to the project to the extent of their actual benefit to the project. The recipient and Sub-Recipient should maintain sufficient documentation to support the allocation methodology and to demonstrate the salary allocations are reasonable, necessary, allowable, and equitable. 2. Costs for financial, accounting, auditing, contracting or general legal services, except in cases that are specifically related to this project. Documentation to support these activities include e.g, cash disbursement or purchase journal items, providing evidence of allocation of expenditures dedicated solely to the separate bank account to carry out the deliverables of this Agreement. 3. Costs for general liability insurance that protects the organization(s) responsible for operating this project. 4. Costs of space, base utilities, and communication (telephone, fax, and Internet) that support administrative personnel. 5. Administrative costs may also include that portion of salaries and benefits of the project's director and other administrative staff to the extent attributable to the time spent in support of this specific project. Recipient may not use any grant funds for salaries except to the extent Recipient has provided documented evidence of hours worked on this program. b. This 5% cap applies to the combined total aggregate of administrative costs charged by Recipient and any Sub- Recipients against grant funds. Example: Assume the total grant amount to Recipient is $1 million. The combined total aggregate of administrative costs that may be charged against that $1 million by Recipient and all Sub-Recipients, is $50,000. Assume Recipient distributes $500,000 of the $1 million grant funds to Sub-Recipient "A". Assume Recipient uses $50,000 of grant funds for Recipient's administrative costs. Sub-Recipient "A" may not use any of the grant funds distributed to "A" for administrative costs, because Recipient has used up the total allowable administrative cost allocation. Recipient is responsible to assure Recipient and any Sub-Recipients comply with this provision. c. For purposes of this Grant Agreement, the term "administrative costs" is synonymous with "indirect costs" and "facilities and administration costs, as those terms are used in federal OMS Circulars A-87 and A-21. Expenses (Direct Costs Related to Usual, Ordinary, and Incidental Expenditures): This amount includes but is not limited to: commodities and consumable supplies, travel, printing, audit costs, etc., that can be attributed directly to the program. Add additional categories as needed. Operating Capital Outlay (Equipment, Fixtures and Other Tangible Personal Property): This amount includes equipment, fixtures and other tangible personal property of a non-consumable, non-expendable nature, with a normal expected life of one year or more. SpecifY the type of equipment, fixtures or other property. Total Program Budget (Note: Should equal Total Program Funds): This amount should equal the amount of grant proceeds and local government matching funds. 6. Budget Format: ATTACHED 7. 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Cll tfl !~ 11~: ~ ¡'[ 1~lo[~ I~ lEg¡ îl ~ ,~.~- ·~I l~aJ ~ 81 ~ i'~ lil!1 'C l:¡ij ~IS ·I~~; .... ....1 "'C Q) 0 Q.) '§ ~ c?l ~ g "ß ~, 1:51' I Q) ~ L.. m WI"O lë!.~ : ãí ~.E Cl:!2 "S; I CllI 0 1"0 1- ë 55 :ß¡e 1'<'5I~' S ~ ~ ·§.I ~ ~. ~ CD I co 1~~::~'ls£;..c 10.11::" ì~ $I~ iD ~ ôls -g¡ il 1 co II'..ê £; ë 11)1"0 IE £'1 ,.... CIl - .:;; I' 0 :¡¡ I aJ I Cll, Cll 10 «Ie: :> U ~õ ;: 0 c: ....JI aJ aJl' 'õ ::>,.Cll 1 CO¡_ O~EU .clo II) .- , C en II) ~ ¡{; 0 I 1:5 colcv co· Q.) 0)0. CO i Cll :>..'=:"O Cl c: ,- ::> ~ I 10....0 :J 0 (ij ._Ie 1,-' fl) 1 ê Cll'1 g u .c :¡ijl~ lëll~ I'ä; ôl:Õ ¡ij ~ 1iíIE ,~EI' ------1..c. "'0. s=. c ..c .!:, (\} ....; i 0)1 ca_ 1:8 .§I:8 .~ :8 .Eïl~ ~ I~i~ en ü¡ (/) 0 en Q.)...... t -1- lID Q.);QjU Q; ~3= co ~I~ I'+- 0.'+000 ""C ..... ctI 0 0..119 0 ~ .êl~ æ ~ £lc7š ~IGJ c7š 1 I 1 ...., I ø ~ w Cl ü [D « 1 2 3 4 5 c Cumulatively through end of quarter 6 7 r-~- Section 2, Grant Funds Received., Disbursed~ investment income Actual in this qua rter 8 9 Grant Fund Proceeds received by Recipient from DFS Grant fund disbursements made by Recipient to Sub-recipients (aggregate of all Sub- recipients) 10 Investment income on Grant FlUld Proceeds while held by Recipient and Sub-recipients 11 (aggregate for Recipient and all 12 Section 3. Total Project Costs Actual in this quarter Cumulatively through end of quarter 13 Total Project costs accrued and paid or to be paid (exclude value supplies, materials, equipment, SeCtiOD 4. Total Project costs, allocation No.1. Divide total Project costs as reponed in the ¡me above, into two categories below: 1) Administrative costs (indirecl costs); 16 2) Direct costs. 3)Provide expended Matcbed Funds r Actual in this quarter l~iativelY through end of quarter I I 18 19 20 21 Section 5. Total Project costs. allocation No.2. Divide cost as reported above, among the following 5 line items For the purposes oftllis section, il is not pertinent whether the reported cost is direct or indirect (administratIve) 17 22 Actual in Ihis quarter Cumulatinly through end of quarter 1. Salary and benefit costs attributable to Recipient and Sub-recipienls employees (persons for whom Recipient or Sub-recipients withhold payroll taxes) (include all such salary and benefits costs charged to this Project, whether in relation to full-time, part- time, temporary or permanent employees; and whether charged as Administratlve (indirect) or direct costs). 23 24 2. Contractual service costs charged to this Project (and not donated). Typically the main category of costs in this item would be for contractors engaged by recipient or Sub- recipients to perfonn retrofit work on residences, and would include the entire amount of such invoiced costs (contractor's labor costs, materials and supplies, profit, etc.) 25 3. Jobsite materials and supplies costs, for materials and supplies purchased by Recipient or Sub-recipients and consumed or installed on a Project work site. This would include. for example, nails, shutters, plywood sheathing and other lumber, garage doors, ete, Materials and supphes provided by contractors and invoiced by them and included under "contractual seIVÎce costs" above, are not included on this line. Tools and equipment purcha.~ed by Recipient or Subwrecipients, witb an expected life of one year or more, would not be included on this line. I 4. ~OOL~~~d equipment purchased by Re.CiPieDt or Sub-re~ipients fa. r use in this II ProJect, with a useful expected life of 1"!? year or more, and which are accounted for as direct Project cost5_ illcJude tools and equipment whether for use on Job site, office, etc. 26 27 5. All other costs not already allocated among the four preceding lines. A Section 6. Total Project Costs. allocation No.3. Allocate costs between for low income and non-low income segments of your program. BCD the low income and non-low income segments of your program. Provide Match Fund costs 30 In this quarter Cumulatively tbru end of Qtr 31 Direct costs allocable to the low income segment of Recipient's program 32 Direct costs allocable to the non-low income segment of Recipient's program 33 Administrative (indirect) costs allocable to the low income segment of Recipient's ro am Administrative (indirect) costs allocable to the non~low income segment of Recipient's ro am Matched Fund costs allocable to the low income segment of Recipient's program Matched Fund costs allocable to the non·low income segment of Recipient's program :; ".,' Sedion 7. Value of Donated Items. On the two lines below, provide the value of donations that rockel[D 11 includes in accounting regarding matching requirements. 39 Actual in this quaner Cumulatively through end of quanct ~ I Donated materials, supplies, and .ools, all types, and whether for office or field use. T oals and equipment used on more than ~obsite, would not be mcluded on thiS line 41 Donated services. All types, skilled and WlSkiUed, office or field work, etc Section 8 this quarter Cumulatively througb end 44 Number of residences for which a "Certificate Of inspection & Eiigibiluy ,. has been completed and filed 45 Number of residences for which a "Certijìcare Qf Grant Work Completion" has been completed and filed 46 Number of low income (&0% standard) residences on which a Certificate Of Grant Work Completion has been completed and filed. (This is a subset of the total # reported 47 on row 36 above) Number of non-low income residences (ie above 80% standard) on which a Certificate OIGram Work Completion has been completed and filed. (This is a subset of the total reported on row 36 above) Section 9. Number of residences on attachment retrqlìt work performed on them; cumulatively through the end a/the quarter J i residences have had roofdeck attachment relro/il work performt'd ( n rhem ") Include only residences as to which a Certifìcate DIGrant Work Completion ha~ been completed and filed. A single residence may be counted in more than one category. If it had more than one categoI)' of work performed on it. 53 541 55 2 56 3 57 4. 58 j 59 6. 60 7. During this Otr Cumulatively thru end of aIr I A I B I C I D I 61 Section 10. Direct costs by general category of retrofit work. The sum of the costs reported in this Section may not necessarily equal the total direct cost reported above in this Quarterly report, if there are direct program costs not specifically attributable the one of the folowwing specific categories of work within the project .B. L___u__ I Actual this Otr Cumulatively thru end of Otr - 63 64 1 Roof deck attachment 65 2 SecondarY water barrier ._---.-,-- ------- 66 3 Roof coverinp .._~-------- 67 4 Brace ~ble ends -----------.---- 6B 5 Reinforce roof-ta-wall connections ----------- 69 6 OoenÌnl! orotection (shutters; impact resistant windows) -- ------------- -...--- 70 7 Exterior doors, including earage daror , 71 " - Section 11. Opening protection, by general type, This category-i';-generalIY limited to windows and skylights. Sliding glass doors, and glazed exlenor doors, are not included in this section. Concerning shutter styles, see illustrations in quarterly repon inslnlctions Provide data only for those residences on which a Cerlifìcate O/(rrant Or Completion has been completed and filed. 72 I Number of windows shuttered, thiS I Number of windows shuttered, quarter I cumulative to end of Olr 73 ~ 74 Type: Bahamas style sbutters, permanently installed I - 75 Tvne: Awninl!: stvle shutters. Ðen~aneI1~lyjnstaJled 76 Tvnc: Accordion stvle shutters. pennanently_installed F= 77 Tvne: RoJldown ~Le shutters. nemlanentlx.instaUed I 78 Tvne: Colonial stvle sbutters. oermanentlv installed I 79 Tvne: Removable shutters, olvwood i BO Tvne: Removable shutters ather than nlvwood , I 81 Type: Impact resistant windows ! .B. !ype~ Other window opening protection systems , Direct costs by category, this Otr Direct costs by category, cumulative 83 . thru end of Qtr ~ - - I ----- - I ..êi Iì'P.E:. Bahamas style shutters, pennanentlv installed 66 Tvne: .ð.wning style shutters, pennanentlv installed - ..g ~e:: . Accordion style shutters, pennanently installed .----.- ~ lYP~: BºI~Øown style shutters, pennanentlv mstalled 89 Tvne: Colonial style shutters, pennanent!): installed - 90 Tvoe: Removable shutters, plywood ~-- --~ 91 Tvne' Removable shutters, other than pl)rwood - ------1 92 Tvne: lmnact resistant windows ~ ~~(!+i~t¿'z'i;',¡ fj!iil:i! j r-2i ~. . ." ". '~'<k""'· . , .. ,¡¡¡¡:¡,m, ,.-¡".-.......,..../ ,""""(·',~"*,"·~,'ù;;**&k?'""A,,'>~ .. . 5,;";;''''·-':e:'lfui!k<''$i'i'·''£iiftl'l®iIii>~':''''·'%1'' AW~ 11' . " . ^ .>,A' ß. . ., ~", ". ...".'·."-M ,.;Ii"."".,_ ,"'~, ..""""",, '"'. . .,0·",,·0=..., ,'. ,. "..". .,u,.,..,' ,,' ~.-o. " . .... Section 12. Exterior doors. Provide data only for those residences on which a Cerlijìcale Of Grant Or Completion has been completed and liled 95 ".. . ,_ ~__ .un_ Number of doors retrofitted/upgraded,1 Number of doors retrofitted/upgraded, 96 this quarter cumulativeiy through~ end of quarte,- 97 , --~-- - 98 New Q"aral!e doors installed , .~- 99 Existing: llaralJe doors -- door or moun!ing êvstem strenøhened i -- 100 Slidino olass doors renlaced with non sli~_ng ~ss system I 101 Slidin. .Iass doors shutter nroteclion nrovide~L ~ Other exterior doors replaced or retrofitled , , i 103 I I I , , Direct costs by category, I ¡ 104 Direct casts by category, this quarter [CUmUlatiVely through end of quarter 105 New earal!e doors installed 106 ExÎstißJ' "arag~_ doors .. door or mounting svstem strengthened ¡ I l- 107 Slidim! l!lass doors. replaced with non sliding- glass system 1 I 106 Slidinp plass dool!~ shutter protection provided 109 Other exterior doors renlaced or retrofitted I 110 é:%" '<':'.. .¡¡Wi_i_.j"'W: ~;ª~~~Ek~]I?~.'f~l#)~_ÿg'l.l%ì;ì;\~!~:;~ ,,,:f'·,;' <,'" A 111 Section 13. 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ClJ2 Ct DATE: 1/15/2008 AGENDA REQUEST REGULAR () PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Approval of the first amendment to Contract C07-11-600 with Florida Highway Products, Inc. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 316001-41132-546200-42003 Maintenance Improvements ($100,000.00) 101002-41122-546200-42003 Maintenance Improvements ( $250,000.00) PREVIOUS ACTION: On November 6, 2007 the Board approved the piggyback and contract with Florida Highway Products RECOMMENDATION: Staff recommends Board approval of the first amendment to contract C07-11-600 with Florida Highway Products, Inc., and authorization for the Chairman to sign the amendment as prepared by the County Attorney. (>; APPROVED ( ) OTHER () DENIED COMMISSION ACTION: Approved 5-0 Dou a. Anderson County Administrator County Attorney (X) ;i Coordination/SiC! natures Mgmt & Budget (X) ~. Purchasing (X) ~,/ Other Finance (Jtor copy only if applicable) Road & Bridge () ,  PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: December 27,2007 RE: Approval of the first amendment to contract C07-11-600 with Florida Highway Products, Inc. Background: Numerous dirt roads throughout the County have been resurfaced using surface millings from prior road work. Millings are ground up asphalt that was removed when resurfacing a roadway. The millings program was an experimental process that proved successful in most cases, but could only be placed on dirt roads that had drainage. This was done to provide a better road surface for a fraction of the cost. Unfortunately, some of these roads have not held up. Currently, the millings material is impossible to get because contractors have realized its potential and refuse to sell it. In addition, we cannot overlay these roads with regular asphalt because Department of Environmental Protection (DEP) will not allow it. However, DEP will allow the chip-seal process for milled and dirt roads. This is more cost efficient method to use rather than having to remove the millings surface and build a new asphalt roadway that also includes subsurface stra ta. DEP favors the chip seal method because it keeps the dust issue at bay and this is especially important when we have a drought situation, where we are receiving calls on a daily basis concerning this issue. Since asphalt millings are no longer available to us to place on dirt roads to provide a hard surface, chip sealing has become the most viable option. Resurfacing these roads with asphalt would entail paying to create and submit plans, obtain permits, bid the construction, etc and would cost the County approximately $1,000,000 per mile to do. This is not cost effective for the County when compared to what can be accomplished by utilizing the chip sealing method. This reduction in cost will also allow us to resurface more miles of road than would be available to us if we used traditional methods of resurfacing. In addition, this contract contains additional asphalt materials and services that can be utilized by the County should the need arise. The original contract was done for $700,000.00. There are additional monies available for this work and staff is requesting the first amendment to increase the not to exceed amount by $350,00.00 for a new contract total of $1 ,050,000.00. Recommendation: Staff recommends Board approval of the first amendment to contract C07-11-600 with Florida Highway Products, Inc., and authorization for the Chairman to sign the amendment as prepared by the County Attorney. , " C07-11-600 FIRST AMENDMENT TO NOVEMBER 6, 2007 CONTRACT BETWEEN ST. LUCIE COUNTY AND FLORIDA HIGHWAY PRODUCTS, INC. THIS FIRST AMENDMENT, is made and entered into this day of , 2008, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and FLORIDA HIGHWAY PRODUCTS, INC. or his, its or their successors, executors, administrators, and assigns (the "Contractor"). WHEREAS, on November 6, 2007 the parties entered into a contract to provide chip sealing; and, WHEREAS, the parties desire to amend the Contract to increase the total contract amount by $350,000.00 to $1,050,000.00. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 7. CONTRACT PAYMENT shall be amended to read as follows: 7. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract in accordance with the price schedule in the Contract Documents, the total amount in current funds not to exceed $1,050,000.00 (one million fifty thousand and 00/1 00 dollars) 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN WITNESSES: C07-11-600 , ~ APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY FLORIDA HIGHWAY PRODUCTS, INC. BY: Print Name: Title: 2 ~ " . '. ITEM NO. C1h DATE: 01/15/07 AGENDA REQUEST REGULAR () PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board approval to award Invitation to Bid #07-106 Purchase and Installation of Hurricane Shutters for Various County Buildings to the following lowest responsive, responsible bidders: E-Z Lock Shutter's Corp Gulfstream Aluminum & Shutters Corp. Hurst Awning Company, Inc. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 001193-1930-562000-1929 (Buildings) PREVIOUS ACTION: See the attached memorandum. RECOMMENDATION: Staff recommends Board approval to award Invitation to Bid #7-106 Purchase and Installation of Hurricane Shutters for Various County Buildings to the following firms: 1.E-Z Lock Shutter's Corp for the following buildings; Airport Custom $59,800.00 Lincoln Park CC - $ 1,975.00 Oxbow Envir. $38,300.00 2. Gulfstream Aluminum & Shutters Corp.for Helping Hands - $8,634.00 Data House $6,721.00, 3. Hurst Awning Company, Inc. Mosquito Control - $6,248.00, 4. Permission to go to the next low bidders if the lowest bidders do not execute contracts, and 5. Authorization for the Chairman to sign the contract as prepared by the County Attorney. \~ ( ) APPROVED OTHER () DENIED COMMISSION ACTION: Approved 5-0 Dou as . Anderson County Administrator County Attorney (X) {}Y (~'^'\C~ Coordination/Sianatures Mgmt & Budget (X) tyj: Purchasing (X) ,,;;;J.-- Central Services Other Finance ('1/ for copy only if applicable) · " . .\ PURCHASING DEPARTMENT MEMORANDUM .-.., -'-'''---"''''-''~-~'-'-'~-'-'~-'"-'~--'--'---'-- ._-_.,...__.-.__._"_.,,_._...__._-------,--~.._---_..--~._----_.__.""_.._----~_._--,-,----- TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: December 27,2007 RE: Board approval to award Invitation to Bid (ITB) #07-106 Purchase and Installation of Hurricane Shutters for Various County Buildings to the following lowest responsive, responsible bidders: E-Z Lock Shutter's Corp, Gulfstream Aluminum & Shutters Corp., and Hurst Awning Company, Inc. Backç¡round: During May 2005, a grant application was submitted to the FEMA Hazard Mitigation Grant Program requesting funding to wind retrofit certain County buildings. The 10 buildings included the following: Airport Customs Building, Lincoln Park Community Center, Agape Building, Historic Fort Pierce Post Office, Old Courthouse, Fort Pierce Community Center, St. Lucie County Museum, Rasmussen House, Oxbow Environmental Center Data Building, Mosquito Control Garage The grant was only recently approved, (Contract C06-07-828) in the amount of $800,744 for the ten buildings. The grant requires a local match in the amount of $261 ,070. ITB #07-106 was issued on September 16, 2007 and opened October 17, 2007. Five hundred twenty three firms were notified, fifty nine bid packages were distributed, and thirteen bids were received for various locations. Recommendation: Staff recommends Board approval to award Invitation to Bid #7-106 Purchase and Installation of Hurricane Shutters for Various County Buildings to the following firms: 1.E-Z Lock Shutter's Corp for the following buildings; Airport Custom $59,800.00, Lincoln Park CC - $ 1,975.00 Oxbow Envir. $38,300.002. Gulfstream Aluminum & Shutters CorpJor Helping Hands - $8,634.00 Data House $6,721.00 and 3. Hurst Awning Company, Inc. Mosquito Control - $6,248.00, 4.Permission to go to the next low bidders if the lowest bidders do not execute contracts, and 5. Authorization for the Chairman to sign the contracts as prepared by the County Attorney. /. ' . '- o '" m 'U :t fT1 '" s: ::¡ :t o ~ Sl z o :.... . " 0 ~ 0 o c: < Gl cã' (') S" 0 ¡;¡ ~ ~ ;0 .. <:J E 0 ~ ~ ~ Sl ~b'~ ..e", òa.. _CD '< "tI ~.,,»» ~~~c ê:~~:~ "~~;1> i " " .... &.õm . g: ì ~ g N oJ,n ~ I g c è" ~C£ !ã: n.g ~~. ~CD~i ~~:Þ~ ~5.(,o) ...... 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'" I ë5 ~ . c C Q) ~ ~ :¡: .!ll o .S <.) e> Cl :> ::J 0 g ~ . '" N ;!: N '" .., ~ o W I- ::) ŒI ~ 0:: 01- wen ü:o ¡::en.. 01-0 ZZW enW> w::iiIiE -::)U ZUw 0 <00::0 0.0 ..: ::ic~J! 0__ III UŒlŒI"tJ u..u..u..r:: 000«1 0:: 0:: 0:: E wwwGl Œ1Œ1Œ1"tJ ::i:i:iG¡ ::)::)::)11. ZZZ ci z Õ ~ ëi :I:. t:: ::õ (f) w :I: 0.. W (f) o ..., ~ · 'II ITEM NO. CS-C DATE: 01/15/07 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PRESENTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Board approval to award Request For Proposals (RFP) #07-110 Purchase of Uniforms and Related Items to Day Dreams Uniforms Inc., on a unit price basis. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: Purchases to be charged to individual departments as needed. PREVIOUS ACTION: On June 14, 2005 the Board awarded Bid No. 05-037 to Global Graphics and approved a three (3) years contract with two (2) one-year renewal options. On March 13, 2007 the Board approved assignment of Contract #C05-06-318 (accounts receivable only) with Global Graphics, LLC to Riviera Finance. On August 28,2007, the Board approved issuing a 60 day notice of cancellation to Global Graphics, LLC, and approved issuing an RFP for the purchase of uniforms and related items. RECOMMENDATION: Staff recommends Board approval to award RFP #07-110, Purchase of Uniforms and Related Items to Day Dreams Uniforms Inc., on a unit price basis, and authorization for the Chairman to sign the contract as prepared by the County Attorney. COMMISSION ACTION: M ( ) APPROVED OTHER () DENIED Approved 5-0 as M. Anderson County Administrator W County Attorney (X) Coordi nation/SiC! natu res f~ Mgmt & Budget () Other Purchasing (X) . .~ Other () Finance (v for copy only if applicable) , " PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: January 3, 2008 RE: Board approval to award Request For Proposals (RFP) #07-110 Purchase of Uniforms and Related Items to Day Dreams Uniforms Inc., on a unit price basis. Backqround: On June 14, 2007, the Board awarded Invitation to Bid (ITB) NO. 05-037 and 3-year contract to Global Graphics for the Purchase of Uniforms and Related Items. After the initial 2-years, Staff has determined that it is in SI. Lucie County's best interest to cancel this contract as a majority of the original items on the original bid are no longer available and the replacement product overall prices have increased dramatically. In addition, the quality of the replacement items has declined. Request for Proposals #07-110 was issued on September 19, 2007 and closed on December 12, 2007. Four hundred thirty one firms were notified, fifty two RFP packages were issued and three responses were received. One firm, Butterfield Oxygen Medical and Uniforms were declared non-responsive because they did not submit the samples required by the RFP. The ranking is as follows: Firm Day Dreams Uniforms, Inc. Pride Score (750 pt Maximum) 615 472 Location Port SI. Lucie SI. Petersburg Recommendation: Staff recommends Board approval to award RFP #07-110, Purchase of Uniforms and Related Items to Day Dreams Uniforms Inc., on a unit price basis, and authorization for the Chairman to sign the contract as prepared by the County Attorney. · AGENDA REQUEST ITEM NO. C-A1 DATE: January 15,2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENT-ED BY: k!, TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Third Amendment to the December 20, 2005 Agreement with Inwood Consulting Engineers in the amount of $317,426.00 for the westward extension of the Walton Road improvement project, from Village Green Drive to US 1. BACKGROUND: See attached memorandum 426. FUNDS AVAIL.: Funds will be made available in: 101006-4116-563005-41011 and 101006-4116- 563021-41011 Engineering Reimbursables, Transportation TrusVRoad Impact Fees. PREVIOUS ACTION: 7/26/01, ..... The project was authorized for advancement from outside the five-year work program. 9/9/03 - The Board approved the short-listing of three firms (LOI #03-073). 1/18/04 - RFP #04-024 was published for construction-level design services.. 3/9/04 - The Board approved authorization to negotiate with Inwood Consulting Engineers for the design of the Four-Lane Roadway Section of Walton Road. 12/20/05 - The Board approved award of the contract to Inwood Consulting Engineers in the amount of $741 483.77 for the Four-Lane Design of Walton Road from Village Green Drive to Lennard Road. 1/9/07 - Board approved the First Amendment to the December 20, 2005 Agreement with Inwood Consulting Engineers in the amount of $78,336.07. 11/20/07 - Board approved the Second Amendment to the December 20, 2005 Agreement with Inwood Consulting Engineers in the amount of $31,654.83. RECOMMENDATION: Staff recommends the Board approve the Third Amendment to the December 20, 2005 Agreement with Inwood Consulting Engineers in the amount of $317,426.00 for the westward extension of the Walton Road improvement project, from Village Green Drive to US 1, and authorize the Chairman to sign. COMMISSION ACTION: p<] APPROVED [ ] OTHER: [ ] DENIED Approved 5-0 Dougla Anderson County Administrator ¡xj Couniy AlIolney [x) Project. Manager [x] Road & Bridge ,tv r .... It- (")Ú Coon:llnationlSianatul'ltll " .4:... h ^ ",.J.ì, ¡"j ¡vigt. & Þuciget ,..... t" I r I' IV .~ IXJ unglnatlng uept. PubllcVVOl1\s d- t.,:l. [x) Fiscal Coordinator ~~\1 [] Purchasing Dept _ [) MSBU Coordinator [] (Check for copy only. if applicable) .. c, DIVISION OF ENGINEERING MEMORANDUM 07-426 TO: Mike Powley, County Engineer FROM: John Frank, Senior Project Enginee~ DATE: December 19, 2007 SUBJECT: Westward Extension of Walton Road Project. In coordination with the City of Port St. Lucie. the Walton Road project is being extended from the current project boundaries of Lennard Road and Village Green to Lennard Road and US-1. This westward extension will be designed to the same design requirements as the original project, which was coordinated with the City previously. The extension anticipates the full access at some entrance into city center and surrounding properties to be reduced to right-in right-out with one full access median located approximately halfway between Village Green and US-1. The proposed location does not currently exist, but is planned for in the City Center plans. This westward extension is being constructed first, starting in the summer of 2008 and anticipates the construction being completed for Village Green to US-1 segment by Early November 2008. This schedule was selected in cooperation with the City to coordinate with the grand opening of City Center Place. The signals are being designed to City Standards. which are different than the County standards so that they may be given to the City for maintenance. This scope of work has been coordinated with the City. cc: File \ TABULATION SHEET - RFP #07-110 PURCHASE OF UNIFORMS OPENED: DEC. 12,2007 AT 3:00 PM THREE (3) submittals were received for subject proposal: ALL SUBMISSIONS ARE UNDER REVIEW. A LETTER OF INTENT TO AWARD WILL BE FAXED TO ALL BIDDERS PRIOR TO AWARD. BUTTERFIELD OXYGEN & MEDICAL AND UNIFORMS 1161 S. US 1 Ft.Pierce, FI. 34950 Tel: 772-465-7476 Fax: 772-465-6183 DAYDREAMS UNIFORMS, INC. 6911 Heritage Drive Port St. Lucie, FI. 34952 Tel: 772-429-7454 Fax: 772-429-8717 PRIDE ENTERPRISES 12425 28th. St. N St.Petersburg, FI. 33716 Tel: 727-572-1987 Fax: 727-570-3449 Number of companies notified*: 431 Number of bid documents distributed*: 52 Number of bids received: 3 *per demandstar.com ~ THIRD AMENDMENT TO n"",..""mh""r?n ?nn" /1"r......m......t n...."...." -___...__. __, ____. "~.__I"_II'" __....__.. St. Lucie County and Inwood Consulting Engineers, Inc. Project # 05-51 Walton Road Widening The Contract between St. Lucie County ("the "County") and Inwood Consulting Engineers, Inc. (the "Engineer") for Services related to the Walton Road Widening project, dated December 20, 2005, (the "Agreement") is hereby amended to provide additional professional engineering services regarding the westward extension of the roadway design from Village Green Drive to US 1. Whereas, on December 20, 2005, the County and the Engineer entered into the Agreement for Engineering Services, Contract C05-12-722, wherein the Engineer agreed to provide professional engineering for the Walton Road Widening Project; and, Whereas, the parties desire to amend the Agreement to perform additional services related to the design of the westward extension of Walton Road from Village Green Drive to US 1, a distance of approximately Y:z miles. Now, Therefore, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Paragraph 2, SCOPE OF WORK, Exhibit "A", is amended to add: a. ENGINEER will design the extension of Walton Road from Village Green Drive to US 1 in a consistent manner to the previously designed roadway segment from Lennard Road to Village Green Drive. b. ENGINEER will coordinate with the City of Port St. Lucie and the Community Redevelopment Agency (CRA) to incorporate various design elements as allowed and directed by the County. c. The detailed task items to accomplish this work are outlined in the Manhour and Fee Proposal submitted with this Amendment. 2. Paragraph 4, TIME OF PERFORMANCE, Exhibit "SO, remains unchanged from Contract Amendment No. 2 which states that the project is to be completed by December 31, 2008. 3. Paragraph 4, COMPENSATION, is amended to add the following: For performing the services described herein, the County shall pay to the Consultant a lump sum amount of three hundred seventeen thousand four hundred twenty-six and no/100 ($317,426.00) dollars. This Amendment brings the total lump sum compensation to one million one hundred sixty-eight thousand eight hundred fifty- five and 671100 ($1,168,855.67) dollars. 4. Except as amended herein, the remaining terms and conditions of the December 20 2005 agreement shall remain in full force and effect. .. \ IN WITNESS WHEREOF I the parties have caused this Second Amendment to the Agreement (C05-12-722) to be executed and delivered on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ENGINEER BY: Print Name: David G. Coleman. P.E. Inwood Consulting Engineers Date: 12/14/07 ir ¡ ! íiì .J! e 'Ë o~ .- 0 ->- u_ :JS .. CI -e 11)- e )C ol U Q. CÞ:$. Q:~ ,,'1: cae o ~ Q:~ eO 0& _ CI -- ca~ ;=2 ... en ;:) ï ~ il c: -¡;, c: W .... '" c 'ªc:!ti ~ ~ ::" 8~~ !ii c ~ !IS i Ë " c:;::;s 8o!l~ i! ~ III ¡:¡ !!l III ! 8 ~ Ii; = a a :i ~ DÓ co) .-: r--:...: t :: ~ ~ :: ~ .. .. :¡:; .. .. .. .. .. :> c ! 88 88 88 888 ; ~f ~N .'" t:!l.i t; ::l i::l;l; f! .. N .. . ~~ ..: ,..¡ .;...: :;~a ! '" .. - .. .. .. .. .. .. .. .. if Sl .. ... ~ N :l'i . ~ I I! ¡:¡~ ... .. N N _ N .. 1 88 88 88 8 !l 8 ; .. ~ u ~ æ ~í e~ ~ i -~ j¡ ~tfÍ ~~ ÑtfÍ i..: Ñ Ii II> .. .. .. .. .. .. 8 j ~ ~ ! ~ lillll III 5l - 5l ;:! ~ 88 88 88 888 8 i i ~s ~ § ~ ~- - ij ¡ i !il _ "! !~ ~:f ~~ :i~ ;;i; .. .. .. .. .. .. J:> J .. ~ ~ ~ !'! ~ ~ ..... e i I 1 8 88 88 88 88 ¡ J~ u ~ Iii ~ ~~ ~ ~ i ¡ - o-¡~ li ;~ ;;~ ¡;:;.. ¡;i;ì .... .R ! ~ ; I : ~ HI Ii :l'i ¡;¡ 1;; ,.... ~ ~ Ii . 11 88 88 88 888 8 D Ig u ~ ¡ ~ ~ a ~ - li1::l i 1:' ~ w). ": I ;i;ì :K¡;i ~t .._N ! I .. .. .. f; e I iil t:l ¡ li1 ~ 5l .... S! ~ ~ iI ¡ 8 8 88 88 8 8 !l 8 u ~~ ~ ~ i ¡¡! i _ N '" II .. - - ..: ~- Ñ~ :..: ..:: ~ ~ il .. .. .. .. .. .. I .. .. ~ .. . .. .. .. . I . f tø II i II c i ... II li. ... I ~ i ! ß I~ i If ~ 11 Ir .. :ow '" OJ -:; l!:i !:J on '" "'I::' l¡¡i 13 I rj ~ N lii ~ N 88 S S .. . «I hI tl) ~ 8 e I ~ ~ J ~ ¡ Jili -~s it I j )gfi ! I - i i)f~ ~ 0., "f§1 I! lE_ ¡- I ~ j ~ ~ - ~ 5 Š ~ -:z _ 8 ð!lj~ f fð ~ t I~Jf! -'iIf: i ' , . ð ~ II-Ii ::Eww..... I-a J ~ J il ~ ~ ~ " ~ ¿ .. lE A I I· \ I.::: ,\ " I- I l CULPEPPER & TERPENING, INC CONSULTING ::NGI"C[R~; LANe SURVEYORS Sender's Emai1: btewenÎm)úi)ct-enR;.com January 15, 2008 Job 05-566 VIA: HAND DELIVER Mr. Douglas Anderson County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Fl 34982-5652 ¡jk //(/Óo" RE: Walton Road Widening County Engineer's Memorandum Dear Mr. Anderson: I appreciate the opportunity to meet with you, Don West, PE, and Mike Powley, PE, yesterday in regard to Mr. Powley's memorandum dated January 11, 2008. This opportunity allowed us to correct the record of those items covered in the memorandum. 1. I've attached our most recent FDOT certification for highway and traffic engineering. I hope this information resolves any questions in regard to Culpepper & Terpening's approved design certification. 2. As stated and explained in regard to the contract differences, a summary is as follows: a. Inwood's contract b. Culpepper & Terpening's contract c, U.S. 1 Intersection Net Savings $317,426 - $262,240 - $ 2 500 $ 52,686 We explained that the utility adjustments, relocations, maintenance of traffic, stormwater analysis, and bid assistance are all part of the standard contract items for the City of Port St. Lucie. Finally, we are glad to have the opportunity to inform you of the local knowledge we've gained on the City Center project regarding the groundwater contamination in Walton Road so that this doesn't hit the County by surprise. ~ ~AN 1 5 200R ~ CO f\DMIN OFFiCE A L:::GACY OF EXPERTISE AND ExceLLENCE CIDOClNEzWèV/J-Llj-IlWFRl'Þ-1l1fflp"P,Ftfit"'l?t'66 SLC ~"". 0f"fE'M'¡te¡son, ¡n!,m"l'2f~"bd9' (772) 4ó4-3537 ~AX' ,"772' 404"9497 Sincerely, cc: l\fike Powley, County Engineer Daniel McIntyre, County Attorney Faye Outlaw, Assistant County Administrator Lee Ann Lowery, Assistant County l\dministrator Don West, Pnblic Works Director l\i eil Appel, Purchasing Director Craig Hauschild, Assistant County Engineer John Frank, Senior Project Engineer County Conunissioner Joe Smith County Commissioner Doug Coward County Commissioner Paula Lewis County Commissioner Charles Grande County Commissioner Chris Craft Greg Oravec, City of Port St. Lucie . C:\DOCUME-I\PWILLJ-I\LOCALS~1\Temp\ELFC6\05-566 SLC Eng, 003a, Anderson, memorandum.doc \\ Florida Department of Transportation LEVEL ¿ ~-' " ...... ~.,. ..~¡ s' . ~ . ~·:i.···I;~~··~~:~:1 CHARLIE CRIST GOVERNOR 605 Suwannee Street Tallahassee, FL 32399-0450 . . \"- ,---,._--.. ..# ~ i . d "1 STEPHANIE C. KOPELOUSOS': SECRETARY May 11, 2007 Stefan K. Matthes, P.E. Sr. Vice President CULPEPPER & TERPENING, INC. 2980 South 25th Street Ft. Pierce, Florida 34981 Dear Mr. Matthes: The Florida Department of Transportation has reviewed your application for qualification package and determined that the data submitted is adequate to qualify your firm for the following types of work: Group 3 - Highway Design - Roadway 3.1 - Minor Highway Design 3.2 - Major Highway Design Group 6 - Traffic Engineering and Operations Studies 6.1 - Traffic Engineering Studies 6.2 - Traffic Signal Timing Group 7 - Traffic Operations Design 7.1 - Signing, Pavement Marking and Channelization Group 8 - Survey and Mapping 8.2 - Design, Right of Way & Construction Surveying 8.4 - Right of Way Mapping Group 10 - Construction Engineering Inspection 10.1 - Roadway Construction Engineering Inspection RECEIVEr: Ml\V 1 C www.dot.state.fl.us ·fage ~ Your Unlimited Notice of Qualification shall be valid until June 30, 2008 at such time as your December 31. 2007 overhead audit will be due to comply with the Department's requirement on overhead audits. We will automatically notify your firm 45 to 60 days prior to your update deadline. On the basis of data submitted the Department has approved your accounting system and considers the rates listed below as acceptable rates for qualification purposes. Overhead Rate Home/Branch Office 132.60% Facilities Capital Cost of Money 1 .998% Overtime Premium Excluded Direct Expense 3.88% (Home) Should you have any questions, please feel free to contact me at 850/414-4485. Sincerely, <R~ 8 .CtlD'\'Y) Lorraine E. Odom Professional Services Qualification Administrator LEO/smr