Loading...
HomeMy WebLinkAboutAgenda Packet 10-13-2009_ - ~ _. _ - s ~ iUi[fitliifiiiiffii[Etitit(Iiiiitiifiii~ftifiiiiititiiiGiiti(iilttiiiiittitii[111iiitttliilli[iiitliti{[IlUiitiit[EN{ititii~t~iliiillittUilliillttiiiililii~iitiitii~fiti:iiitii[t~iiiitlitilfiifiiifCiiii[i~ October 13, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 10/12/2009 WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS GENERAL RULES AND PROCEDURES -Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA -These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA -Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS -These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or 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 for general public comment. Please limit comments to five minutes. DECORUM -Please be respectful of others' opinions. MEETINGS -All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the 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. October 13, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl. us www.stlucieco.org t16litiiitiltijiiiitUUililtiilililiiliiillfi~iiiit1il11i11t1iiiiitl+iiiiitiiitilliffilitilttiil~illitiiUlfilitiiitiltitllttiiiiititiitiltiilii~tillti[ii~ii>~3illAti€titititjifl~EiLi~liiii~'i€itifli~ ~iiii Paula A. Lewis, Chair District No. 3 Charles Grande, Vice Chair District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No. 1 Chris Craft District No. 5 t[fititE~[ilttii~ti{{ilitiiiTi~[H~ii~itii-ilil[Iititiii[illiti[tiltiiii[ll[lii~itiiitiilliiiiiitt[iitiiiitiii[hilt(liili~iiliitii{IifG~titiitliiiii6i[iii~i3~itilitiTlltiui~il[iititiii~ii~iiitii[iti~ INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the October 6, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS A: PULLED PRIOR TO MEETING -Resolution No. 09-298 proclaiming the month of November as ~uI,Q~ "ALZHEIMER'S DISEASE AWARENESS MONTH" in St. Lucie County, Florida Pr; o f ~ 0''~ ~ Consider staff recommendation to adopt Resolution No. 09-298 as drafted. B. Presentation by Linette Trabulsy of the Treasure Coast Chapter of the Florida Public Relations ~~~~~, ' v~ Association V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA ~PrUI~~ A. WARRANTS Approve warrant list No. 54, 1 and 2. B. COUNTY ATTORNEY Authorization to enter into an Impact Fee Payment Agreement with Vivia Thompson and Sheena Sigsworth for delinquent Impact Fees pursuant to Resolution No. 09-114. Consider staff recommendation to approve the attached Impact Fee Payment Agreement with Vivia Thompson and Sheena Sigsworth and authorize the Chair to sign the Agreement as drafted by the County Attorney's office. Authorization to Enter into an Impact Fee Payment Agreement with Norman and Ophelia McDaniels for Delinquent Impact Fees Pursuant to Resolution No. 09-114 Consider staff recommendation to approve the attached Impact Fee Payment Agreement with Norman and Ophelia McDaniels and authorize the Chair to sign the Agreement as drafted by the County Attorney's office. COUNTY ATTORNEY CONTINUED 3. Treasure Coast Education, Research and Development Authority - OF/IFAS Weather Station Site Memorandum of Understanding Consider staff recommendation to approve the proposed Memorandum of Understanding for the relocation of the OF/IFAS Weather Station, and authorize the Chair to sign the Memorandum of Understanding. Fort Pierce Utilities Authority - 10'x110' Utility Easement -Administration Building - Parcel I.D. No. 2416-504-0770-000-8 Consider staff recommendation to approve the Utility Easement in favor of Fort Pierce Utilities Authority, authorize the Chair to execute the Easement and direct staff to record the Easement in the Public Records of St. Lucie County, Florida Interiocal Agreements for Court Administration and Guardian Ad Litem Funding Consider staff recommendation to approve the Interlocal Agreements 6. Allied New Technologies -Second Amendment to October 4, 2007 Road Improvement Agreement; First Amendment to November 6, 2007 Escrow Agreement Consider staff recommendation to approve the Second Amendment to the October 4, 2007 Road Improvement Agreement and the First Amendment to the November 6, 2007 Escrow Agreement and authorize the Chair to sign the Second Amendment and the First Amendment FBO Fort Pierce, L.L.C. -Approval of Financing by Florida Development Finance Corporation (FDFC) pursuant to Resolution No. 09-0301, and Consent to Assignment of Lease from Volo Holdings Fort Pierce, L.L.C. to FBO Fort Pierce, L.L.C. Consider staff recommendation to approve Resolution No. 09-0301 and consent to the assignment of the lease agreement with Volo Holdings Fort Pierce, L.L.C. to FBO Fort Pierce, L.L.C., and authorize the Chair to sign the necessary documents, subject to approval as to legal form and correctness by the County Attomey. 8. ADD/TfON TO THE AGENDA COUNTY ATTORNEY Facilities Use Agreement with the SLC Health Department Consider staff recommendation to approve the Facilities Use Agreement with the St. Lucie County Health Department. C. PUBLIC WORKS Bid waiver and sole source determination Consider staff recommendation to approve the bid waiver and sole source determination for service and the purchase of parts to the following companies: Kelly Tractor for Caterpillar, Flagler Equipment Company for Volvo and Samsung, Menzi USA for Menzi Muck equipment, Econolite Control Products for Traffic signal equipment and Great Southern Equipment for Gradall and authorization for the Chair to sign contracts as approved by the County Attomey. D. PARKS AND RECREATION Waiver of Facility Rental Fees for Core Communities Port St. Lucie Fall Festival Consider staff recommendation to approve to waive $4,313.25 in facility rental fees for Core Communities Port St. Lucie Fall Festival at Tradition Field as outlined in the agenda memorandum. 2. Budget Resolution 09-288 -Lawnwood and South County Regional Stadiums Revenue and Expense Consider staff recommendation to approve of Budget Resolution No. 09-288, allocating $110,000 in revenues and $110,000 in expenses for Lawnwood and South County Regional Stadiums as outlined in the agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. 3. Capital Improvement Projects at Tradition Field Consider staff recommendation to approve the request from Sterling Facility Services, L.L.C. to complete the FY 09/10 capital improvement projects in the amount of $67,870.02 as outlined in the agenda memorandum. E. GROWTH MANAGEMENT Impact fee methodology update. Consider staff recommendation to approve of the third amendment with James C. Nicholas, PhD to extend the agreement to December 31, 2009 and increase the contract amount by $5,000, as outlined in the agenda memorandum. Request authorization for the Chair to sign documents as approved by the County Attorney. Annual update to the Comprehensive Plan Capital Improvements Element (CIE) or FY2009/10 - FY 2013/14. Consider staff recommendation to advertise proposed Ordinance 09-029 updating the Capital Improvements Element for FY 2009/10 - FY 2013/14 for a public hearing before the Board of County Commissioners on November 3, 2009 beginning at 6:00 p.m. or as soon thereafter as possible. PUBLIC SAFETY County Emergency Management Preparedness and Assistance Trust Fund Program Base Grant (EMPA). Consider staff recommendation to approve of State of Florida, Division of Emergency Management Agreement #10-BG-25-10-66-01 in the amount of $105,806 less $3,082.00 for recurring charges for satellite communication service and authorization for the Chair to sign the agreement as approved by the County Attorney. Also, Board approval of Budget Resolution No. 09-287. 2. Second Amendment to the Schenkel Shultr Contract No. C06-08-446 Consider staff recommendation to approve of the Second Amendment to the Schenkel Shultz contract No. C06-08-446 and authorization for the Chair to sign documents as approved by the County Attorney. Also, Board approval Budget Amendment No. 10-002. F. PUBLIC SAFETY CONTINUED 3. Ethemet Time Server for the 911 Center Consider staff recommendation to approve of the purchase of an Ethemet Time Server for the 911 Center in the amount of $1,500.00 and authorization for the Chair to sign documents as approved by the County Attomey. Also, approve Budget Resolution No. 09-290 and Equipment Request No. EQ10-014. G. AIRPORT Resolution No. 09-294, Florida Department Transportation (FDOT) Joint Participation Agreement (JPA), Taxiway A and B Rehabilitation Consider staff recommendation to approve of Resolution No. 09-294 accepting the FDOT Joint Participation Agreement in the amount of $71,250 for the Taxiway A and B Rehabilitation project, and authorization for the Chair to sign the document as approved by the County Attomey. H. ADMINISTRATION Economic Development Council Fourth Quarter Invoice Consider staff recommendation to approve to accept the Fourth Quarter Report from EDC as fulfilling the requirements of the Contract and authorization for disbursing payment in the amount of $62,500 towards the matching grant. 2. 2009/2010 Contracts for the Treasure Coast Sports Commission Consider staff recommendation to approve of the 2009/2010 contracts for the Treasure Coast Sports Commission in the amount of $250,000 and authorization for the Chair to sign the contracts as prepared by the County Attomey. SOLID WASTE Bid waiver and sole source declaration Consider staff recommendation to approve a bid waiver and sole source determination or the purchase of parts and service from Kelly Tractor for Caterpillar, Flagler Equipment for Volvo, Sierra International Machinery for the balers and conveyors, Continental Biomass Industries for the grinder ad Lubo, USA for the construction and demolition recycling equipment. Authorization for Chair to execute contracts as approved by the County Attomey. 2. Purchase of Equipment from City of Port St. Lucie Consider staff recommendation to approve Equipment Request EQ10-015 and Budget Amendment BA10-001. Additionally, Board authorization to purchase a used tractor and Litter Picker from City of Port St. Lucie for a total purchase price of $20,000. 3. Construction of a closure cap system on Phase II and III A of the Class I Landfill. Consider staff recommendation to approve and authorize the Chair to execute an Agreement from CDM, as approved by the County Attomey for engineering services to assist St. Lucie County with the construction of a closure cap system on Phase II and III A of the Class I Landfill for $671,100 as outlined in the agenda memorandum. I. SOLID WASTE CONTINUED 4. Landfill gas system management. Consider staff recommendation to approve and authorize the Chair to execute an Agreement from CDM, as approved by the County Attomey for engineering services related to the landfill gas system management for a lump sum of $375,350. J. MANAGEMENT AND BUDGET 1. Amendment to Contract for Temporary Clerical Personnel Services Consider staff recommendation to approve of the first amendment to Contract No. C08- 01-013 with Kelly Services, Inc., extending the contract through December 31, 2010, and authorization for the Chair to sign documents as approved by the County Attomey. 2. Amendment to Contract for Fire Alarm System Testing, Monitoring and Inspections Consider staff recommendation to approve of the fourth amendment to Contract No. C06- 07-542 with 1St Fire & Security, Inc., extending the contract through September 30, 2010, and authorization for the Chair to sign documents as approved by the County Attomey. 3. Bid No. 09-065, Installation of Light Grid, Fixtures and Electrical for aMulti-use TV Studio Consider staff recommendation to approve to award Bid No. 09-065, Installation of Light Grid, Fixtures and Electrical for aMulti-use TV Studio, to IM Solutions, in the amount of $219,791.00 and authorization for the Chair to sign documents as approved by the County Attomey. Request for Proposal for Canoe and Kayak Rental Consider staff recommendation to approve to advertise a Request for Proposal for canoe and kayak rental at River Park Marina. Request for Qualifications (RFQ) No. 09-042, Stormwater Management -Continuing Contract Consider staff recommendation to approve of the short-listed firms for Stormwater Management and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firms; 3. If negotiations are successful, award contract to the successful short-listed firms and authorization for the Chair to sign the documents as prepared by the County Attomey. 6. Amendment to Contract for Car Washing Services Consider staff recommendation to approve of the third amendment to Contract No. C07- 11-704 with Rocket Car Wash, Inc., extending the contract through November 5, 2010, and authorization for the Chair to sign documents as approved by the County Attomey. MANAGEMENT AND BUDGET CONTINUED Request for Qualifications (RFO) No. 09-053, Architectural Services for the Jail Medical Addition and Minimum Security Dormitory Consider staff recommendation to approve of the short-listed firms for architectural services for the jail medical addition and minimum security dormitory and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, award contract to the successful short-listed firm and authorization for the Chair to sign the documents as prepared by the County Attorney. 8. Authorization to Advertise a Public Hearing Consider staff recommendation to approve authorization to schedule and advertise a public hearing to amend the fiscal year 2008-09 budget. PUBLIC HEARINGS VII. There are no public hearings scheduled for October 13, 2009. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. PULtED`PRIOR TO MEETING COUNTY ATTORNEY I' ~~( Resolution No. 09-292 ~ Consider staff recommendation to approve the revised Resolution and authorize the Chair to sign the Resolution. IX ADD/TION TO THE AGENDA COUNTY ATTORNEY Juanita Avenue Bridge Project Agreements with FDOT -Locally. Funded .Agreement; Memorandum of r~ Agreement; Highway Maintenance Memorandum of Agreement Y P~ Consider staff recommendation to approve the Local Funding Agreement, Resolution No. 09-302, Memorandum of Agreement pertaining to interest bearing escrow account, Highway ..Maintenance Memorandum of Agreement and' Resolution Na, 09-303 and authorize the Chair to sign he documents. X. ANNOUNCEMENTS There will be a public information Workshop on the Airport Master Plan Update on Thursday, October 15, 2009 from 5:30 p.m. to 7:30 p.m. at the Havert L. Fenn Center. There will be a Joint meeting with the City of Fort Pierce, Fort Pierce Utilities Authority, City of Port St. Lucie and the Board of County Commissioners on Friday, October 16, 2009 at 2:00 p.m. in the St. Lucie County Commission Chambers. The Board of County Commissioners will hold the October Informal Monthly Meeting on Tuesday, October 27, 2009 at 1:30 p.m. in Conference Room #3. X. ANNOUNCEMENTS CONTINUED 4. The Board of County Commissioners will hold a Workshop with Fort Pierce Farms on Monday, November 2, 2009 at 2:00 p.m. in Conference Room #3. 5. The 24'n Annual Muster at the National Navy SEAL Museum will take place November 5~n -7m. Events include aerial demonstrations, free open house and more. For more information please visit www.navysealmuseum.com or call (772) 595-5845. The National Navy SEAL Museum is located at 3300 North A1A, North Hutchinson Island -Fort Pierce. The St. Lucie County International Airport will host its annual "Airport Day" on Saturday, November 7, 2009 form 9:00 a.m. to 1:00 p.m. For more information contact 772-462-1732. 7. The Board of County Commissioners will hold a Joint Workshop with the South Florida Water Management District on Monday, November 9, 2009 at 1:30 p.m. in Conference Room #3. 8. The Board of County Commissioners will hold the 2009 Strategic Planning Session on Thursday, November 12, 2009 from 8:00 a.m. to 5:00 p.m. and on Friday, November 13, 2009 from 1:00 p.m. to 4:00 p.m. at the Havert L. Fenn Center in Room B. The Board of County Commissioners will hold the Annual Reorganization meeting on Tuesday, November 17, 2009 at 9:00 a.m. in the County Commission Chamber. 10. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, November 24, 2009 at 1:30 p.m. in Conference Room #3. 11. County offices will be closed on Thursday, November 26, 2009 and Friday, November 27, 2009 to observe Thanksgiving. 12. County offices will be closed on Thursday, December 24, 2009 and Friday, December 25, 2009 to observe Christmas. MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stlucieco.org it3{ttilttillil~Tft[fittit[tiiitii[titiiftifiittifiifittit[iil~iliii3itiiCfiCiitiii{tt ~ FitttCitffitllitttUt}iifiii[ti~iilildlif{[fi~tiiitilfliiliiittiftlfHftttti[fiii~iiititifflrtiftiltli Chris Dzadovsky, Chairman District No.1 Chris Craft, Vice Chairman District No. 5 Doug Coward District No. 2 Charles Grande District No. 4 Paula A. Lewis District No. 3 tpttiiitfitliiiiPittijtiiiiifiittiitiiUi[tiitii[IttiitiitiiiitiifIliitNtittllitiiiiiCiltfitittiititIIiiiltiltittilittii[iiifiiiltitipftilttttiii{ii[tttiitilitiiGiiifiifilttiittii[Ttiiiiiiiiiittitiftitl~il J`I.r n MINUTES r ~ ~~l Approve the minutes from the September 22, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA ~~ A. WARRANTS /~ Approve warrant list No. 52, 53, 54,1 and 2. B. MOSQUITO CONTROL Bid Waiver -Telemetry Equipment Monitoring and Maintenance Services Consider staff recommendation to approve of bid waiver and sole source determination for telemetry equipment and software monitoring and maintenance. Authorization for Chair to execute a contract with Locher Environmental Technology, Inc., as approved by the County Attorney. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT www.co.st-lucie.fl. us www.stlucieco.org iGittiil{tiltliitSiti{Ftttiit(iittttiittitl[tilitlfttti[i(ftitit[tlltttliilitli~il~[I[I{tltiitiiliitiflti[li[Ifiititlttlitlif~tiltiliti(i(tiFitt~{ti<iittit{iiitiilii3iitttliitl[tli~~~iiil{iltiitilitttillliili Chris Craft, Chairman District No. 5 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 tlitliTCi!®iilifitliNti~itlitililiilittti~ltliitlitiilltillliiiiiitttlliiltttitiliFltttfiiiiilitNliiuitiftiiffiittitttlii[CiiitE{ift[fAritlffil[[ii(it[ttttliAit[i1C{lliiitllii[ttttiilttiitlittlitliti111i I. MINUTES a ~ Approve the minutes from the September 22, 2009 meeting. T l ~(~ ll. GENERAL PUBLIC COMMENT III. CONSENT AGENDA ~W A. WARRANTS /~" an list No. 52 53 54 1 and 2. Approve wary t _ , , 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~xamine any individual testifying during a hearing upon request. Anyone with a disability requiring EXHIBIT C-1 BUDGET PROJECT: St. Lucie County Baling and Recycling Facility Class I Landfill Phases II and IIIA Closure Design, Permitting, Bidding, and Services During Construction PROJECT DESCRIPTION: As Outlined in the Scope of Services, Attachment A REFERENCE: Agreement between St. Lucie County Board of County Commission and Camp Dresser & McKee Inc. Labor Category Hours Officer 30 Principal/ Associate 250 Senior Professional 988 Professional II 817 Professional I 734 Senior Support Services 115 Staff Support Services (Drafting) 636 Project Administration 359 Staff Support Services (Field) 2,352 TOTAL HOURS 6,281 TOTAL LABOR COST $621,133 OUTSIDE PROFESSIONAL SERVICES $20,000 (Survey) OTHER DIRECT COSTS $30,000 GRAND TOTAL $671,133 USE A LUMP SUM 671 100 C_1 j12449 Exhibits.doc ~ ~ ~ L ~ ~ ~T R ~ [ Q R CONCURRENCE: ITEM NO. VI-I4 DATE: 10/13/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Leo J. Cordeiro SUBMITTED BY: Solid Waste Director ,;,~.~_/ PREVIOUS ACTION: 10/14/08 -Board approved Agreement with CDM for landfill gas management. 10/23/07 -Board approved Agreement with CDM for landfill gas management. 10/10/06 -Board approved Agreement with CDM for landfill gas management. 06/28/05 -Board approved Agreement with CDM for landfill gas management. RECOMMENDATION: Board approval and authorization for Chair to execute an Agreement from CDM, as approved by the County Attorney for engineering services related to the landfill gas system management for a lump sum of $375,350. SUBJECT: Landfill gas system management. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 401-3410-531000-300 Professional Services COMMISSION ACTION: (~ APPROVED ( ) OTHER ( ) DENIED `_ ~ Approved 5-O AGENDA REQUEST Faye W. Outlaw, MPA County Administrator n `7 County Attorney (X) Solid Waste ( ) (Name) CoordinationlSianatures OMB Director Budget Analyst Daniel McIntyre Purchasing (x) ~ Ma Gouin TawonnaJohnson (x) ~.-~ Melissa Simberlund ~Ot.~ I~TY -~ ', F L O R I D A TO: Board of County Commissioners Solid Waste Department MEMORANDUM FROM: Leo J. Cordeiro, Director ~~ Solid Waste DATE: 10/13/09 SUBJECT: Landfill gas system management. ITEM NO. VI-I4 Background: CDM will provide professional services related to the design, installation, operations, maintenance, corrective action and permit compliance for Phase I and II Landfill systems arid gas systems compliance monitoring. This service is required as part of our permit and is an annual requirement. The total cost of this service for 2008-09 was $375,350 and the cost has remained the same for this proposal. CDM has provided this service since 2005. Recommendation: Board approval and authorization for Chair to execute an Agreement from CDM, as approved by the County Attorney for engineering services related to the landfill gas system management for a lump sum of $375,350. LJC:dIs Attachment Attachment A ST. LUCIE COUNTY SOLID WASTE MANAGEMENT AGREEMENT FOR PROFESSIONAL SERVICES I. PROTECT DESCRIPTION Consulting engineering services to assist St. Lucie County with overall landfill gas system management at the Baling and Recycling Facility. II. SCOPE OF SERVICES Reference is made to the attached Scope of Work and the "Agreement for Professional Services" dated April 11, 2000. III. CONSULTING ENGINEER INSURANCE REQUIREMENTS A. Professional Liability Insurance with limits of liability no less than one million dollars ($1,000,000) per occurrence. B. Worker's Compensation Insurance in accordance with Florida Statutes. C. Employer's Liability with minimum limits of one hundred thousand dollars ($100,000) each accident. D. Comprehensive General Liability with a minimum limit of five hundred thousand dollars ($500,000) combined single limit for Bodily Injury and Property Damage. lV. COMPENSATION FOR SERVICES Compensation for services shall be as follows in accordance with the "Agreement for Professional Services" dated April 11, 2000. TASK Landfill Gas System FEE TYPE $375,350 (Lump Sum) j12433.doc WITNESS: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney WITNESS: CAMP DRESSER & McKEE INC. By: ' Vice President j12433.doc ATTACHMENT A SCOPE OF SERVICES ST. LUCIE COUNTY BALING AND RECYCLING FACILITY LANDFILL GAS MANAGEMENT PROGRAM The purpose of this program is to provide overall landfill gas system management for the St. Lucie County (SLC) Baling and Recycling Facility located on Glades Cut-Off Road. In general, CDM will provide professional services related to the design, installation, operations, maintenance, corrective actions, and permit compliance for the period of October 2009 through September 2010 as further described below. TASK 1-EXISTING GAS COLLECTION SYSTEM CORRECTIVE ACTION (PHASE II AREA) Several existing conditions are affecting the overall performance of the existing Phase I and II gas collection system. Under this task CDM will continue to undertake corrective actions required to repair damages to the gas collection system. Corrective actions will be developed based on the information provided by the video inspections previously performed as well as information collected during periodic field inspections conducted by both CDM and SLC personnel. This Scope of Services does not include work associated with pumping leachate from the landfill gas collection wells and/or collection system. TASK 2 -LANDFILL GAS SYSTEM OPERATION AND MAINTENANCE CDM will provide services related to operations and maintenance and Title V compliance for the SLC Landfill Gas Collection System as further described below. Subtask 2.1 Gas System Operation, Maintenance, and Title V Compliance CDM will provide on-site technicians to perform routine gas system operation and maintenance. In addition, an essential aspect of the landfill gas management program is strict adherence to all regulatory monitoring, reporting, and certification requirements. CDM will also perform appropriate Title V compliance monitoring, testing, and record keeping. CDM's Scope of Services for this Subtask is further defined below: Subtask 2.1.1 Quarterli~ Methane Sur ace Sweeps Perform methane surface emissions monitoring as required by the New Source Performance Standards (40 CFR 60 Subpart WWW). If any exceedances of the 500 parts per million (ppm) threshold are detected during quarterly monitoring, CDM will make system adjustment in an effort to resolve title situation. Should physical site repairs (sod replacement, erosion repair, etc.) be necessary, SLC will take corrective action to stop gas emissions from that area. CDM will provide SLC recommendations on how to proceed with the corrective action. Upon completion of the corrective action, CDM will retest the area as required by the permit and/ or regulations. A-1 j12433.doc Subtask 2.1.2 Gas Si stt em In~ectionsBalancin~/Adjustments Inspect, balance, and adjust the gas collection system on a monthly basis, noting and recording operating parameters as required in 40 CFR 60.756 (a) as well as any damage, wear, or other system distress which would require corrective action. Subtask 2.1.3 Gas System Routine Gas Well Maintenance Make routine repairs to the gas wells only. (As Needed) An estimated cost of materials and supplies is provided in Attachment C. CDM will not use this allowance without written authorization from SLC. Work associated with vertically extending the 6-inch landfill gas collection wells is included in this estimate. Work associated with vertically extending the 12-inch landfill gas collection wells is not included in this estimate. If vertical extension of the 12- inch landfill gas collection wells is required, CDM will submit an amendment for the additional labor and material costs. Should unforeseen circumstances require substantial repairs beyond our estimate, an amendment will be submitted. Subtask 2.1.4 Flare DoTUntime Resolution CDM landfill gas technicians will visually observe operation of the flare at times when they are on-site. SLC will be responsible for visually observing the operation of the flare at times during landfill operation hours when CDM technicians are not on-site. A designated SLC person(s) will report flare outages to CDM. CDM will then diagnose flare problems, repair minor problems, and/or resolve other problems with the flare through the use of CDM technicians and/ or mechanical contractors. (As Needed) An estimated cost of materials and supplies is provided in Attachment C. Should unforeseen circumstances require substantial repairs beyond our estimate, an amendment will be submitted. This Scope of Services does not include diagnosing, repairing and/ or resolving problems with the landfill gas compression system. CDM will notify SLC staff of any problems with the landfill gas compression skid that are either reported by the landfill gas compression skid operators or observed by CDM technicians. CDM will not diagnose problems, repair problems, or resolve other problems with the landfill gas compression skid without written or verbal authorization from SLC. Should SLC authorize CDM to diagnose and/ or repair problems with the landfill gas compression skid, an amendment will be submitted for additional labor and materials costs. Subtask 2.1.5 Non-Routine Maintenance Non-routine maintenance work such as repair or maintenance work noted during the routine visits will be performed with SLC's prior approval. CDM will work with assistance from SLC staff to accomplish these repairs through the use of CDM technicians and/ or mechanical contractors. An estimated cost of A-2 j12433.doc s materials and supplies is provided in Attachment C. Should unforeseen circumstances require substantial repairs beyond our estimate, an amendment will be submitted. SCHEDULE Estimated Schedule Task Task 1 - Existing Gas Collection System Correction Action Octobe 82009 through September (Phase II Area) 2010 Task 2 - Gas System Operation, Maintenance, and Ongoing for 1 year, Title V Compliance October 2009 through September 2010 A_2 j12433.doc z w x H h d H z w NNW 1~~-1 a w 0 x O co a Q H U w H _~ U Q w w z z a H z O U W U ~.7 E--~ /r 0 ^~ 1--1 H w W Q a a w Q z N ~ O O F' = ~ O N N ~ M U .O ~ O 0 N ~ 4~ as a ~ ~ °o °o n« ~ N O N o ~ N r N _O O ~C n N ~ ~ N 3 N 'ct t0 tC C O .~ _ ~ ~ O O ~ te'~ w V O ` a C L O C y ~ O EO ~, 0 a =~ n10 O • ~ N M C a` ~' a L °' V O O o ~ T T 0 L c o ~ O U C = R ~ ~ O c F U ~fC O 'a U ~ E c Y Q ~ ^ ''^ V/ 0 ~ a O ~ E O U O VJ ~ ~ c° ~~ C'3 C7 N ~ C _ •- ~ 0 ~ _ ~ C ~~" W J O N N tYA y !6 t0 t~ F H F- CO ATTACHMENT C BUDGET ST. LUCIE COUNTY BALING AND RECYCLING FACILITY LANDFILL GAS MANAGEMENT PROGRAM PROJECT DESCRIPTION: As Outlined in the Scope of Services, Attachment A REFERENCE: Agreement between St. Lucie County Board of County Commissioners and Camp Dresser & McKee Inc. Labor Category Hours 110 Officer 355 Principal/ Associate Senior Professional 185 Professional II 525 Senior Support 675 Staff Support 1,200 Admire Support 120 TOTAL HOURS 3,170 $330,350 TOTAL SALARY $45,000 OTHER DIRECT COSTS TOTAL (LABOR & ODC) $375,350 375 350 USE (LUMP SUM) C-2 j12433.doc ~~ - _ . I = - DATE: 10/13(09 t ~ ~.;., _ _ ~ __ ~, ~'~~ ~~ ~~ AGENDA REQUEST REGULAR ( ) ~~ ~~ . _ . __~c__ x,- ~ - PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Amendment to Contract for Temporary Clerical Personnel Services BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Various departments (534000) Other Contractual Services as needed PREVIOUS ACTION: January 8, 2008 - BOCC approved the award and contract RECOMMENDATION: Board approval of the first amendment to Contract No. C08-01-013 with Kelly Services, Inc., extending the contract through December 31, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: (~ APPROVED ( ) OTHER County Attorney (X ) ( ) DENIED Approved 5-O CONCURRENCE: ~_~ -~ Faye W. Outlaw, MPA County Administrator Coord inationlSignatures OMB ~~ ~~ Budget Analyst ( ) Dan McIntyre ~' Human Resources (X) ~/~ Purchasing (X) ~ ~~, ~ Melissa Simberlund Carl Holeva '~ - Office of Management =~ = _ _ & Budget/Purchasing ~.~ -- _ -- ~ ~ - MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: October 13, 2009 SUBJECT: Amendment to Contract for temporary clerical personnel services ITEM NO. VI-J 1 Background: On January 8, 2008, St. Lucie County entered into a contract with Kelly Services, Inc., located in Port St. Lucie, Florida to provide temporary clerical personnel on an as needed basis. Kelly Services was the lowest, responsive and responsible bidder for Bid No. 08-002. The contract allows for a multiplying factor of 1.29 per hour which will remain the same for the renewal period. The original contract was for a period of two years with two one-year renewal options. This first amendment will extend the contract through December 31, 2010. The first amendment to Contract No. C08-01-013 is attached. Recommendation: Board approval of the first amendment to Contract No. C08-01-013 with Kelly Services, Inc., extending the contract through December 31, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. CGS-01-013 FIRST AMENDMENT TO JANUARY 8, 2008 AGREEMENT BETWEEN ST. LUCIE COUNTY AND KELLY SERVICES, INC. THIS FIRST AMENDMENT, is made and entered into this day of 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and KELLY SERVICES, INC., or his, its or their successors, executors, administrators, and assigns (the "Agency"1. WHEREAS, on January 8, 2008 the parties entered into a contract to provide temporary clerical personnel services; and, WHEREAS, the parties desire to amend the Contract to exercise the first one-year renewal option; NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1 . Paragraph 8. TERM shall be amended to read as follows: 8. TERM The term of this Agreement shall begin on January 1 , 2008 and continue through and including December 31, 2010, unless terminated as provided herein. The term may be extended for one 111 additional one-year period subject to the same terms and conditions and agreement by both parties. 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. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk CHAIR APPROVED AS TO FORM AND CORRECTNESS County Attorney 1 TO: SUBMITTED BY: DATE: 10/13/0 SUBJECT: PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) BACKGROUND: CONSENT (X) AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Office of Management & Budget/Purchasing REGULAR ( ) PRESENTED BY: Marie M. Gouin Director Amendment to Contract for Fire Alarm System Testing, Monitoring and Inspections See attached memorandum. FUNDS AVAILABLE: 107-712-546000-1645 Equipment Maintenance PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the fourth amendment to Contract No. C06-07-542 with 1St Fire & Security, Inc., extending the contract through September 30, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: (~c) APPROVED ( ) DENIED ( ) OTHER Approved 5-O County Attorney (X ) ~~ rr' Dan McIntyre CONCURRENCE: -~~~ Faye W. Outlaw, MPA County Administrator CoordinationlSignatures OMB Budget Analyst Purchasing (X) ~-~j Central Services Melissa Simberlund (x) T onna Johnson (X) ~.~ Roger Shinn i ~ - -` ~, -.-_- ry s:,_ s ,.. ~1 TO: Board of County Commission s FROM: Marie M. Gouin, Director ~'~, DATE: October 13, 2009 Office of Management & Budget/Purchasing MEMORANDUM SUBJECT: Amendment to Contract for Fire Alarm System Testing, Monitoring and Inspections ITEM NO. VI-J2 Background: On July 18, 2006, St. Lucie County entered into a contract with 1St Fire & Security, Inc., located in Vero Beach, Florida to provide fire alarm system testing, monitoring and inspections for County buildings. 1St Fire & Security was the 2"d lowest bidder for Bid No. 06-082. The lowest bidder, from Miami, Florida, could not meet the County's required response time. 1St Fire & Security's bid was only $160.00 higher than the lowest bid. The contract pays $1,527.50 monthly and will remain the same for the second renewal option year. The original contract was for a period of two years with two one-year renewal options. This is the second one-year renewal option. This fourth amendment will extend the contract through September 30, 2010. This contract will be re-bid mid-year 2010. The fourth amendment to Contract No. C06-07-542 is attached. Previous Action: July 18, 2006 - BOCC approval of award of bid October 23, 2007 -First amendment adding Clerk of Courts Building August 22, 2008 -Second amendment extending the contract to September 30, 2009 March 17, 2009 -Third amendment adding the elevator emergency monitoring for the Clerk of Courts Building Recommendation: Board approval of the fourth amendment to Contract No. C06-07-542 with 1St Fire & Security, Inc., extending the contract through September 30, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. r~ C~~u-0~-542 FOURTH AMENDMENT TO JULY 18, 2006 CONTRACT BETWEEN ST. LUCIE COUNTY AND 1ST FIRE & SECURITY THIS FOURTH AMENDMENT, is made and entered into this day of 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and 1ST FIRE & SECURITY or his, its or their successors, executors, administrators, and assigns (the "Contractor"). WHEREAS, on July 18, 2006 the parties entered into a contract to provide Fire Alarm System Testing, Monitoring and Inspections; and, WHEREAS, on October 23, 2007, the parties executed the First Amendment to the Contract adding an additional building/facility (Clerk of Courts Building); and, WHEREAS, on August 22, 2008 the parties executed the Second Amendment to the Contract exercising the firs one-year renewal option and extending the contract through September 30, 2009; and, WHEREAS, on March 17, 2009 the parties executed the Third Amendment to the Contract adding the elevator emergency monitoring for the Clerk of Courts Building; and, WHEREAS, the parties desire to further amend the Contract to exercise the second one-year renewal options extending the contract through September 30, 2010. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 6. TERM shall be amended to read as follows: 6. TERM Unless terminated as provided for herein, the term of this Contract shall be for a period of four (4) years beginning on October 1, 2006 and continuing through September 30, 2010. 1 C06-07-542 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 have caused the execution of the Third Amendment by their duly authorized officials as of the day and year first written above. ATTEST: DEPUTY CLERK WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 152 FIRE & SECURITY BY: Print Name: Title: 2 ITEM ~O. v!~3 DATE : 10/13/09 PREVIOUS ACTION: PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) RECOMMENDATION: CONSENT (X ) COMMISSION ACTION: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Office of Management & Budget/Purchasing REGULAR ( ) PRESENTED BY:~ Marie M. Gouin (~'(~ Director ILL Bid No. 09-065, Installation of Light Grid, Fixtures and Electrical for aMulti-use TV Studio See attached memorandum. July 7, 2009 -Board authorization for studio relocation, budget amendment and permission to advertise for studio relocation project Board approval to award Bid No. 09-065, Installation of Light Grid, Fixtures and Electrical for aMulti-use TV Studio, to IM Solutions, in the amount of $219,791.00 and authorization for the Chair to sign documents as approved by the County Attorney. (~ APPROVED ( ) DENIED ( ) OTHER Approved 5-O Coordination/Signatures CONCURRENCE: Faye W. Outlaw, MPA County Administrator ,-~ t~' OMB II County Attorney (X) l.: ~ Budget Analyst (X) ~+~ i"~~ Dan McIntyre Patty Marston-Duva .-_ r-- ~ , .. . Purchasing (X) ~~ ~;_ Media (X) _ ~~;,,; ~ ~- ~ (...'~ Desiree Cimino Shane DeWitt TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: 001-1930-562000-091600 Buildings - --, - Office of Management - ~ J =! = ._ & Budget/Purchasing ~- = _ ~- ~ ~-~ _ MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director I' DATE: October 13, 2009 SUBJECT: Bid No. 09-065, Installation of Light Grid, Fixtures and Electrical for aMulti-use TV Studio ITEM NO. VI-J3 Background: On September 2, 2009, submittals to Bid No. 09-065 for the installation of light grid, fixtures and electrical for amulti-use television studio were opened. Four submittals were received; 69 companies were notified and 20 documents were distributed. IM Solutions, located in Melbourne FL, was the lowest responsible bidder. The purpose of this bid is for the purchase and installation of light grid, fixtures and electrical for a multi-use TV studio to be located in Room 101 of the County Administration Complex. Vendor will supply piping for grid with all materials,- lighting packages as recommended in packet, all electrical work and dimming controls and training for staff. Vendor will also supply lighting director to light the set and green screen. Recommendation: Board approval to award Bid No. 09-065, Installation of Light Grid, Fixtures and Electrical for a Multi-use TV Studio, to IM Solutions, in the amount of $219,791.00 and authorization for the Chair to sign documents as approved by the County Attorney. Q 0 ~"' H W H t Q u u W J W z a !n W X ~_ ~"" to W O p'S O Yt 0 m 0 0 0 0 0 u 0 o 0 0 2 m ~ n 0 ~ 0 o J V Q ~ t~ ~ M u'1 V ? N O.' ~"~ h U ~ W ~ W ~ tL X V tai } Y T ~ Q U O O O O O O O ~ O O O 0 ~ ~ i~ Q j r 0 M '-I W W J ~ O1 N W 'y Z ~ O N Q a tai an an an V O J U_ N •-f C' Q G ~ N J n W O ~, R O ~ N e~i N O ~ N N .a ~ C a ~ ~ U C ~ .Ja JC Q u Y LL ~ ~ Z LL V1 N Z 0 .--~ o O v t? O m to v m ~ a m --1 ~ ~ ~ N ~ N ~ N . O ~ ,~ ,-; C ._ v N m d X a 11 1? N u C 'O t J p O ~ 7 C ~ O .~ ` ~ l6 d ~ C ~ _ - C ~ ~ 6 ~ ~ p ~ U ~ ~ 2 c U m O ~ w O ~ d ~ U U ~- .C w U ~ ~ ~ N ~ w p a ~ ~ ao n aiS w m y tII m ° ~ ~ m m E - X v ~ ~ a ~ iL N ... - c+~ ~ N ~ O W F m O' F- N H z U O O td O W m Z Q W LL O z W_ Z Q O U O w m .~ 'Z w U K O m O m Z O W C d a a ATTACHMENT 1 ITEM NO. Vl DATE: 07/07/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( } LEG'. ( } QUASI~,1D ( ) CONSENT (X} TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Shane DeWitt SrJ SUBMITTED BY: AdministratioNMedia Services Technical Operations Manager SUBJECT: Relocation of SLCTV Studio and Offices BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-1930-5620-091600 Buildings (pending BOCC approval) PREVIOUS ACTION: NIA RECOMMENDATION: Board approval of: i. Relocation of SLCTV studio and Media offices as outlined in the agenda memorandum; and 2. Budge# Amendment 09-031 to transfer funds in the amount of $300,000 for the studio relocation project; and 3. Permission to advertise an Invitation to Bid for the studio relocation project. COMMISSION ACTION: APPROVED ( ) DENTED ( ) OTHER Approved 5-0 CONCURRENCE: _~~ - Faye W. Outlaw, MPA County Administrator ~}+ CoordinatioNSignatures County Attorney ( ) _ /~, OMB Director ( ) r%' Budget Analyst ~:~ . Oaniel McIntyre ~~ }Marie Gouin Originating Dept ( ) ERD ( ) Shane DeWitt (Name) ATTACHMENT 2 (Page 1 of 5) iP TO: Board of County Commissioners THROUGH: Faye W. Outl ADMINISTRATION MEMORANDUM County Administrator FROM: Shane DeWrtt ~~~ Technical Operations Manager DATE: June 30, 2009 SUBJECT: Relocation of SLCTV Studio and Offices ITEM NO, VI-G In an effort to improve produdivity and to better utilize staff time, the Office of Media Services requested the relocation of our current studio facility from Momingside Library in the City of Port St_ Lucie to Room 101 in the County Administration Complex. This office space was formerly occupied by the Parks & Recreation Departmen# which is now located at the Havett L. Fenn Center. In addition, the Media Services offices would be relocated from the third floor to the first floor of the Administration Building. This request was discussed at the Board of County Commissoners June 30, 2009 Informal Meeting and consensus was reached to move forward with the studio relocation project. Background: The current SLCTV studio has been an asset to the community, allowing staff to create natiohal award-winning local original programming in a controlled broadcast environment. However, the staff time spent driving from the Administration Building to the Momingside Library (approximately 15 miles each way} impads productivity. All members of SLCN staff, including the Public Information Officer (PIO), must be present for studio productions. This equates to four staff members taking 1 to 1 'F: hours for travel time. Even a 5-minute produdion in the studio could cost as much as $300 in staff time for travel, not including fuel and vehicle costs. In mast cases, staff spends ahalf-day out of the office for scheduled taping pwposes. to addition, when programming involves multiple guests, they cannot always be scheduled for tapings at the same time or they may cancel and have to re-schedule, further increasing the time and costs to the County. When the cost of travel lime for County Administration, Department Directors and other County staff, as well as County Commissioners is considered, there is a significant benefit to relocating the studio to the Administration Building. ATTACHMENT 2 (Page 2 of 5) '~ Additionally, Momingside studio is small, approximately 20' X 20' with a total of 1200 square feet including aU spaces. The ability to have multiple sets requires a complete breakdown of the current set and installation of a new set. Room 101 will expand SLCTV's studio space to approximately 45' X 45' and a to#al of 2400 square feet. This increase in size will give staff the opportunity to house multiple sets, allowing us to tape shows without changing out the set. There is also room to provide a 20' green screen which allows staff, with the right fighting application, to film individuals an an empty set and then replace the background digitally with any imagery desired, a virtual sett Staff would be able to tape more shows in less time with very little setup. Currently, SLCTV cannot do any productions "live" on SLCTV due to the distance from our master control head end at the BOCC Chambers to Moringside Library. By moving to the Administration Building, the cost of running a connection from the 8000 Chambers to Room 101 would be minimal and allow us to broadcast "live". In condusion, the benefits of relocating the current studio to Roorn 101 will include time savings and cost savings. For example, the monthly 30-minute "Inside St. Lurie" program takes staff approximately four hours (about $800 in staff time) to tape in the current studio, including travel time. This time could be reduced to 30-45 minutes (less than $200 in staff time} due to reduction in travel time, delays waiting for guests to arrive and pre-praduilion preparation time. Please note that Media Services did cansider the Havert L. Fenn Center as a potential location but the ceiling height is not sufficient to accommodate the required equipment for a studio. It is important to note that the expansion of Momingside Library is currently in the design phase. The expansion plans indude the use of the current studio space by the library. The timing of the relocation of the studio to Room 101 at the Administration Building coincides well with the design and construction of the Momingside library expansion. Budget At the May 26, 2009 Informal Meeting, the Board discussed the renovation of the Community Services offices. In the memorandum regarding this agenda item, staff recommended that the remaining balance of the Community Services relocation funds ($434,034) be set aside for relocating the SLCTV studio as well as renovation to the Chamber of Commerce building. The proposed contrail budget for relocation includes: Lighting` $165,000 Elecfrical* $ 50,000 Engineering $20,000 Tofa/: $235,000 "Please note that due to the highly specialized nature of the installation, staff is not recommending this project be performed through the apprenticeship program or the Local Stimulus ordinance. The in-house budget includes: Office Relocation $15,000 A/C $40,000 Total: $55,000 Grand Tofa/: $290,000 ATTACHMENT 2 (Page 3 of 5) These costs represent one-time expenses for relocating and upgrading the studio and offices. Although staff is not in a position to accurately project potential revenues because the current studio cannot provide comparable services, these expenses could be offset by increased revenues from charges for production services and/or leasing the facility to other governmental agencies and/or the private sector. The increased technological capabilities by relocating will allow Media Services to generate revenue by leasing the facility to outside production companies or agencies and/or hiring SLCTV for production services. SLCTV has already been contacted by severs! groups for this purpose. Please note that the above total estimate does not indude funding for additional equipment upgrades that will further improve productivity and quality of programming for SLCTV. Staff is pursuing some of these funds through additional partnerships with the St. Lucie County Sheriffs Office, the City of Fort Pierce and others. Recommendation Board approval of: 1. Relocation of SLCTV studio and Media offices as outlined in the agenda memorandum; and 2. Budget Amendment 09-031 to transfer funds in the amount of $300,000 for the studio relocation project; and 3. Permission to advertise an lnvita#ion to Bid for the studio relocation project. ATTACHMENT 2 (Page 4 of 5) BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Media PREPARED DATE: 6/30lZ009 AGENDA DATE: TR/2009 70: 001-1 FROM: room TH15'AMENDMENT~•'v~ n/a REMAINING BALANCE: n!a DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET A MENDMENT #: DOCUMENT # ~ INPUT 8Y: BA09-031 ATTACHMENT 2 (Page 5 of 5) __ ~ ~ ~ ~~ ~ ; F L Q R I D A- AGENDA REQUEST ITEM NO. VI-J4 DATE: 10/13/C: REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management 8 Budget/Purchasing Director SUBJECT: Request for Proposal for Canoe and Kayak Rental BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to advertise a Request for Proposal for canoe and kayak rental at River Park Marina. COMMISSION ACTION: APPROVED ( ) OTHER County Attorney (X ) CONCURRENCE: ( ) DENIED Approved 5-O ,'1 -T:.. J `' Dan McIntyre 1 Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Budget Analyst Purchasing (X) ~ Parks and (X) r "' 1 1; t' Recreation fr~ t,.~- Desiree Cimino Debra Brisson TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: October 13, 2009 SUBJECT: Request for Proposal for Canoe and Kayak Rental ITEM NO. VI-J4 Background: The request for proposal is for the operation of a canoe and kayak rental and boat related novelty sales at River Park Marina. The current contract with St. Lucie County Canoe and Kayak, Incorporated, for canoe and kayak rental at River Park Marina which was awarded on December 9, 2003, expires December 8, 2009. Recommendation: Board approval to advertise a Request for Proposal for canoe and kayak rental at River Park Marina. _, ,_ ~` ; ~ ~ , -I~ ~w -: AGENDA REQUEST CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY~^ ~ Marie M. Gouin 1~,J~1v SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Request for Qualifications (RFQ) No. 09-042, Stormwater Management - Continuing Contract BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 102001-3725-563005-300 Infrastructure -Drainage Maintenance MSTU PREVIOUS ACTION: N/A RECOMMENDATION: Board permit 1. 2. 3. COMMISSION ACTION: approval of the short-listed firms for Stormwater Management and >sion to: Conduct oral presentations with the short-listed firms; Conduct contract negotiations with the successful short-listed firms; If negotiations are successful, award contract to the successful short-listed firms and authorization for the Chair to sign the documents as prepared by the County Attorney. DATE: 10/13/09 REGULAR ( } PUBLIC HEARING ( } LEG. ( ) QUASI-JD ( ) CONCURRENCE: (~-) APPROVED ( ) DENIED ( ) OTHER pppro~ed 5-O County Attorney (X ) Dan McIntyre Purchasing (X) ',~ , a Desiree Cimino Faye W. Outlaw, MPA County Administrator '` CoordinationlSignatures -r ~~ Budget Analyst (X ) t ~~~ Robert O'Sullivan Public Works/ (X) Engineering ~ ~ h9'~i~ on West Michael Powley ,~ ; - I I _ ;,, .,. Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director y'`(~1~ DATE: October 13, 2009 SUBJECT: Request for Qualifications (RFQ) No. 09-042, Stormwater Management - Continuing Contract ITEM NO. VI-J5 Background: On June 10, 2009, responses to RFQ No. 09-042, Stormwater Management -Continuing Contract, were opened. Fifteen proposals were received; 917 companies were notified and 88 RFQ documents were distributed. The services provided by this contract are one or more of the following: 1. The consultant will investigate stormwater problems and make recommendations for possible solutions, cost estimates, and a time frame for each project. 2. The consultant will complete the stormwater study, perform the design, and prepare complete construction contract documents for selected stormwater projects. 3. The consultant will prepare applications, exhibits, and submittal packages required by the various federal, state, regional, and local permitting agencies for stormwater improvement projects. 4. The consultant will coordinate permitting of stormwater improvement and/or replacement projects with the North St. Lucie River Water Control District, Ft. Pierce Farms Water Control District, South Florida Water Management District, Florida Department of Transportation District, Florida Department of Environmental Protection, U.S. Army Corps of Engineers, etc. 5. The consultant will identify anticipated stormwater improvements and provide budget estimates for design and construction. On September 10, 2009, the selection committee evaluated and ranked the proposals that were received. The committee members' scores and ranking for each firm are provided in Attachment A. The short-listed firms in order of ranking are as follows: 1. Culpepper and Terpening -Fort Pierce, Florida 2. EDC Engineering Design & Construction, Inc. -Fort Pierce, Florida 3. Creech Engineering -Stuart, Florida (St. Lucie County Satellite Office) 4. Inwood Consulting Engineers, Inc. -Oviedo, Florida (St. Lucie County Satellite Office) 5. RJ Rudd Jones, P.E. & Associates -Port St. Lucie, Florida 6. Kimley-Horn and Associates, Inc. -Cary, North Carolina (St. Lucie County Satellite Office) 7. Keith & Schnars, P.A. -Fort Lauderdale, Florida (St. Lucie County Satellite Office) 8. Miller Legg -Pembroke Pines, Florida (St. Lucie County Satellite Office) J Recommendation: Board approval of the short-listed firms for Stormwater Management and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firms; 3. If negotiations are successful, award contract to the successful short-listed firms and authorization for the Chair to sign the documents as prepared by the County Attorney. a. Attachment A Past ' Performance Firm Location References Qualifications Total Score Ranking Total possible points per committee member 20 55 25 100 Total possible points for four members 80 220 100 400 Culpepper 8 Terpening 80 194 74 348 1 EDC Engineering Design 8~ Construction, Inc 80 187 73 340 2 Creech En ineering 40 204 90 334 3 Inwood Consulting En ineers, Inc. 40 207 82 329 4 RJ Rudd Jones P.E. 8~ Associates, P.A. 80 164 73 317 5 Kimley-Horn 8~ Associates, Inc. 40 188 87 315 6 Keith and Schnars, P.A. 40 187 87 314 7 Miller Legg 40 184 90 314 7 Calvin, Giordano & Associates, Inc. 40 182 88 310 8 Ca tec En ineerin 24 189 93 306 9 Hazen & Saw er 40 187 79 306 9 Milcor Grou ,Inc 24 194 88 306 9 AECOM USA, Inc. 24 191 89 304 10 Kellard-Holt, P.A. 80 144 80 304 10 Ladyko Design i Grou , LLC 80 148 70 298 11 LOCATION RATING Headquartered in St. Lucie County 20 Satellite Office in St. Lucie County 10 Office located in the tri-County Area Martin, Okeechobee & Indian River Count 6 Office located outside of the tri County area but in Florida 3 Office located outside of Florida 0 Proposing firms can only receive a score from one of the above categories. Attachment BOARD OF '=~ ' •~ ~ `~' ° ~'^~ - PURCHASING COUNTY ® DEPARTMENT COMMISSIONERS TABULATION SHEET - RFQ #09-042 STORMWATER MANAGEMENT CONTINUING CONTRACT OPENED: JUNE 10, 2009 AT 2:00 PM Fifteen (15} 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. Aecom USA Inc. Contact: Am Eason Phone: 772-286-3883 Fax: 772-286-3925 Address: 515 South Flower St., 4 Floor Los An eles CA 90071 Calvin Giordano >~ Associates Inc. Contact: John Downes Phone: 772-489-9494 Fax: 561-684-6360 Address: 1800 Eiler Dr., Ste. 600, Fort Pierce FI 33316 Ca tec En ineerin Inc. Contact: Jose h W.Ca ra Phone: 772-692-4344 Fax: 772-692-4341 Address: 301 N.W. Fla ler Ave., Stuart FL 34994 Creech En ineers Inc. Contact: Octavio Reis, P.E. Phone: 772-283-1413 Fax: 772-220-7881 Address: 729 South federal Hw ., Suite 222, Stuart FI 34994 Cul er 8• Te enin Inc. Contact: James P. Ter enin Phone: 772-464-3537 Fax: 772-464-9497 Address: 2980 South 25 Street, Fort Pierce, F1 34981 EDC En ineerin Desi n 8~ Construction Inc. Contact: Roderick J. Kenned Phone: 772-462-2455 Fax: 77262-2454 Address: 1934 Tucker Court, Fort Pierce FI 34950 Hazen and Sa er Contact: Robert B. Ta for Phone: 772-489-0066 Fax: 772-489-0299 Address: 498 Seventh Ave., Eleventh Floor, New Yark, NY 100 18 Inwood Consultin En ineers Inc. Contact: David Coleman Phone: 772-343-1873 Fax: 407-971-8955 Address: 3000 Dovera Drive Suite 200 Oviedo FL 32765 Keith and Schnars P.A. Contact: William R_ Smith Phone: 772-323-2244 Fax: 772-323-2245 Address: 6500 North Andrews Ave., Fort Lauderdale FL 33309 Lad o Desi n Grou LLC Contact+ Richard M. Lad o Phone: 772-530-8261 Fax: 77264-1383 Address: 4400 Belle Grove Drive, Ft. Pierce FL 34981 The Milcor Grou Inc. Contact Melissa G. Corbett, P.E. Phone: 772-223-8850 Fax: 772-286-7297 Address: 2672 SE Willou hb Blvd., Stuart FL 34994 Miller Le Contact: Sandra Smith Phone: 772-344-3431 Fax: 772-344-5011 Address: 1800 N Dou las Rd., Suite 200, Pembroke Pines FI 33024 Kellard Hol P.A. Contact: Nathaniel J.Hoit Phone: 772-204-9550 Fax: 772-204-9553 Address: 540 NW Universi Blvd., Port St_ Lucie FL 34988 Kimle -Hom and Associates Inc. Contact: Brain Good, P.E. Phone: 772-345-3800 Fax: 772-286-0138 Address: 3001 Weston Parkwa , Ca NC 27513 RJ Rudd Jones P.E. & Associates P.A. Contact: Rudd Jones, P.E. Phone: 772-336-2933 Fax: 772-336-2940 Address: 7448 S Federal H ., Port St. Lucie FL 34952 NUMBER OF COMPANIES NOTIFIED`: 917 NUMBER OF BID DOCUMENTS DISTRIBUTED`: 88 NUMBER OF BIDS RECEIVED: 15 ` - Per demandstar.com CHRIS OZADOVSKY, OislOiof No.t • DOUG COWARD, Dislric! No, 2 ~ PAULA A LEWIS, District No. 3 ~ CHARLES GRANDE, Diseicf No, i • CHRES CRA=T, CiSbIC No, 5 County AQrr~rstralor-Faye W, QrLLaw, IMA 2390 Viryinia Avenue - Fon Pierce, FL 309825652- PIroM (772) 064.1700-TDD (ZZ) 062-1128 Webster wrw.co.s47ude.fluz ,~ ,~ ~_ - ~ ~ ~ _, i i i. - ~~ AGENDA REQUEST DATE: 10/13/09 REGULAR ( } PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Amendment to Contract for Car Washing Services BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Various departments (546000) Equipment Maintenance PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the third amendment to Contract No. C07-11-704 with Rocket Car Wash, Inc., extending the contract through November 5, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: (~ APPROVED ( ) DENIED ( ) OTHER Approved 5-O CONCURRENCE: ~~~~ Faye W. Outlaw, MPA County Administrator ,~ Coordination/Signatures ~~ OMB County Attorney (X) Budget Analyst ( ) Dan McIntyre (~ Purchasing (X) ~~~"~'~ Other ( ) Melissa Simberlund - - - - _ Office of Management - ~ _ =~ _ _ & Budget/Purchasing 3-~ _--~ --- - MEMORANDUM TO: FROM: DATE: SUBJECT: ITEM NO. Board of County Commissioners Marie M. Gouin, Director October 13, 2009 Amendment to Contract for Car Washing Services VI-J6 Background: On November 6, 2007, St. Lucie County entered into a contract with Rocket Car Wash, Inc., located in Ft. Pierce, Florida, to provide car washing services as needed for County vehicles. Rocket Car Wash was the lowest, responsive, responsible bidder for Bid No. 07-102. The vendor will continue to honor the prices from the original contract. Exhibit "A" showing all contract prices is attached. The original contract was for a period of two years with two one-year renewal options. This is the second one-year renewal option. This third amendment will extend the contract through November 5, 2010. This contract will be re-bid mid-year 2010. The third amendment to Contract No. C07-11- 704 is attached. Previous Action: November 6, 2007 - BOCC approval of award of bid April 1, 2008 -First amendment revising award October 14, 2008 -Second amendment extending the contract to November 5, 2009 Recommendation: Board approval of the third amendment to Contract No. C07-11-704 with Rocket Car Wash, Inc., extending the contract through November 5, 2010, and authorization for the Chair to sign documents as approved by the County Attorney. Y~ Exhibit "A" Contract C07-1 1-704 Car Washing Services BAS/C AUTOMAT/C WASH 1. Car S 3.00 2. SUV's and Mini Vans S 3.00 3. 15 Passenger & Cargo Vans 5 3.00 4. All Pick-up trucks 1 %2 , 3/4 & 1 ton) S 3.00 BAS/C PLUS AUTOMAT/C WASH 5. Car S 7.00 6. SUVs and Mini Vans 5 7.00 7. 15 Passenger & Cargo Vans S 7.00 8. All Pick-up trucks (%2 , 3/4 & 1 ton) S 7.00 FULL SERV/CE WASH 9. Car S 7.00 10. SUVs and Mini Vans S 7.00 1 1. 15 Passenger & Cargo Vans S 7.00 12. All Pick-up Trucks ('/Z, 3/4 & 1 ton) S 7.00 FULL SERV/CE WASH W/TH VACUUM AND /NTER/OR W/NDOW CLEAN/NG 13. Car's S 12.00 14. SUVs, Mini Vans, All Pick-up Trucks S 15.00 PRES/DENT/AL WASH - Fu// Service wash, Bug Remova/, Spray Wax, Whee/ Brite, Tires Dressed, /nterior Vacuum, /nterior Window C/eaning, Dash, Conso% and 4 door pane/ c%aned and Dressed. 15. Cars S 26.00 16. SUVs, Mini Vans, All Pick-up Trucks $ 29.00 FULL DETA/L SERV/CE - Fu/l Service wash, Bug Remova/, Hand App/ied Wax, Wheel Brite, Tires Dressed, /nterior Vacuum, /nterior Window C/eaning, Dash, Conso%, 4 door pane% and door jams c%aned and Dressed, and Carpet and upho/stery shampoo, and rubber/vinyl protector app/ied. 17. Cars S 75.00 18. SUVs S 75.00 19. Mini Vans $ 85.00 20. Pick-up Trucks (''/2, 3/4 & 1 ton) (2 door) $ 85.00 21. Pick-up Trucks -extended Cab 14 door) S 105.00 22. 15 Passenger & Cargo Vans S 105.00 C07-1 1-704 ~. THIRD AMENDMENT TO NOVEMBER 6, 2007 CONTRACT BETWEEN ST. LUCIE COUNTY AND ROCKET CAR WASH, INC. THIS THIRD AMENDMENT, is made and entered into this day of 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and ROCKET CAR WASH, INC., or his, its, of their successors, executors, administrators, and assigns, Ithe "Contractor") WHEREAS, on November 6, 2007, the parties entered into a Contract which provided for car washing services for cars and pick-up trucks as needed by St. Lucie County; and, WHEREAS, on April 1, 2008 the parties executed the first amendment to the contract amending the items of award; and, WHEREAS, on October 14, 2008 the parties executed the second amendment to the contract exercising the first one-year renewal option and extending the term through November 5, 2009; and, WHEREAS, the parties desire to further amend the Contract to exercise the second one-year renewal option extending the contract through November 5, 2010. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1 . Paragraph 6. TERM shall be amended to read as follows: 6. TERM The term of this Contract shall be for a period of three 131 year and begin on November 6, 2007 and continue through and including November 5, 2010. 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 First Amendment upon the terms and conditions above stated. ATTEST: CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: 1 CHAIR C07-" ~ --~,a APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ROCKET CAR WASH, INC. BY: Print Name: Title: 2 ITE,'~l Na. V3-J7 DATE: 10/13/~Q TO: SUBMITTED BY: SUBJECT: BACKGROUND: PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) AGENDA REQUEST REGULAR ( ) CONSENT (X ) BOARD OF COUNTY COMMISSIONERS Office of Management & Budget/Purchasing PRESENTED BY: Marie M. Gouin~~ Director Request for Qualifications (RFQ) No. 09-053, Architectural Services for the Jail Medical Addition and Minimum Security Dormitory See attached memorandum. FUNDS AVAILABLE: 310005-1930-562000-2619 Law Enforcement Impact Fees for Design PREVIOUS ACTION: January 6, 2009-Board approval to advertise a request for qualifications RECOMMENDATION: Board approval of the short-listed firms for architectural services for the jail medical addition and minimum security dormitory and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, award contract to the successful short-fisted firm and authorization for the Chair to sign the documents as prepared by the County Attorney. COMMISSION ACTION: ~ APPROVED ( ) OTHER County Attorney (X ) ( ) DENIED Approved 5-O ~7 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures Budget Analyst (X) ~ 1~" Dan McIntyre Purchasing (X) ~' ~. Desiree Cimino Robert O'Sullivan ~~~ ~ ~ . Central Services (X) ~ ~~~~ Roger Shinn ,~ Office of Management & Budget/Purchasing TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: October 13, 2009 SUBJECT: Request for Qualifications (RFQ) No. 09-053, Architectural Services for the Jail Medical Addition and Minimum Security Dormitory ITEM NO. VI-J7 Background: On July 22, 2009, responses to RFO No. 09-053, Architectural Services for the Jail Medical Addition and Minimum Security Dormitory, were opened. Nine proposals were received; 820 companies were notified and 97 RFQ documents were distributed. On September 28, 2009, the selection committee evaluated and ranked the proposals that were received. The committee members' scores and ranking for each firm are provided in Attachment A. The short-listed firms in order of ranking are as follows: 1. RQAW Corporation -Lehigh Acres, Florida 2. Schenkel-Shultz, Incorporated -West Palm Beach, Florida 3. DLR Group, Incorporated -Orlando, Florida 4. Clemons, Rutherford and Associates, Inc. -Tallahassee, Florida Recommendation: Board approval of the short-listed firms for architectural services for the jail medical addition and minimum security dormitory and permission to: 1. Conduct oral presentations with the four short-listed firms; 2. Conduct contract negotiations with the successful short-listed firm; 3. If negotiations are successful, award contract to the successful short-listed firm and authorization for the Chair to sign the documents as prepared by the County Attorney. 1 Aii4v1J1itC:Ji1 .~ Past Performance Firm Location References Qualifications Total Score Rankin Total possible points per committee member 20 55 25 100 Total possible points for five members: Chief Gary Wilson Major Pat Tighe Jerry Parenteau Mark Godwin Ken Hall 100 275 125 500 RQAW Corporation 15 267 123 405 1 Schenkel-Shultz, Incor orated 15 248 123 386 2 DLR Grou ,Inc 15 243 116 374 3 Clemons, Rutherford and Associates, Inc. 15 242 116 373 4 Strollo Architects, Inc. 15 222 118 355 5 HKS Architects, Inc. 15 220 113 348 6 Architects in Association Rood and Zwick, Inc. 15 221 104 340 7 Jack H. Scott Architect, P.A. 100 119 94 313 8 Stephen L. Boruff, A1A, Architects and Planners, Inc. 15 143 108 266 9 LOCATION RATING Headquartered in St. Lucie County 20 Satellite Office in St. Lucie County 10 Office located in the tri-County Area Martin, Okeechobee & Indian River Count 6 Office located outside of the tri County area but in Florida 3 Office located outside of Florida 0 Proposing firms can only receive a score from one of the above categories. i• Attachment B BOARD OF ~ - ~ =~ ' COUNTY PURCHASING ® "~" ~ .~.b DEPARTMENT COMMISSIONERS ~m . • - ,'-_ ~- TABULATION SHEET - RFQ #09-053 ARCHITECTURAL SERVICES FOR THE JAiL MEDICAL ADDITION & MINIMUM SECURITY DORMITORY OPENED: JULY 22, 2007 AT 2:00 PM Nine (9) 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. ARCHITECTS IN ASSOCIATION ROOD AND ZWICK, INC. Contact: JACK J. ROOD Phone: 321-631-8039 Fax: 321-639-6872 Address: 600 FLORIDA AVENUE, SUITE 202, COCOA, FL, 32922 CRA ARCHITECTS {CLEMONS. RUTHERFOR 8 ASSOCIATES. INC. Contact: SUE WEEKS Phone: 850-385-6153 Fax: 850-386-8420 Address: 2027 THOMASVILLE ROAD, TALLAHASSEE, FL, 32308 DLR GROUP, INC. Contact: WAYNE SKALA Phone: 407-648-1331 Fax: 407-648-1433 Address: 100 EAST PINE STREET, SUITE 404, ORLANDO, FL, 32801 HKS ARCHITECTS. INC. Contact: MATTHEW T. CLEAR Phone: 40748-9956 Fax: 407-648-9976 Address: 225 E. ROBINSON STREET, SUITE 405, ORLANDO, FL, 3 2801 JACK H. SCOTT ARCHITECT, P.A. Contact: JACK H. SCOTT Phone: 772-464-3122 Fax: 772-464-5068 Address: 2101 SUNRISE BOULEVARD, FORT PIERCE, FL, 34982 RQAW CORPORATION Contact: ARTHUR DROSTE Phone: 239-368-1928 Fax: 239-368-5149 Address: 5615 2N° STREET WEST, LEHIGH ACRES, FL, 33971 SCHENKEL- SHULTZ, INC. Contact: SAMUEL J. FERRERI Phone: 561-697-3451 Fax: 561-697-5210 Address: 2056 VISTA PARKWAY, WEST PALM BEACH, FL, 33411 STEPHEN L. BORUFF. AIA. ARCHITECTS 8, PLANNERS, INC. Contact: STEPHEN BORUFF Phone: 561-471-8520 Fax: 561-471-8539 Address: 901 NORTHPOINT PARKWAY, SUITE 101, WEST PALM B EACH, FL, 33407 STROLLO ARCHITECTS, INC. Contact: J. PAT STROLLO Phone: 407-423-5355 Fax: 407-422-5994 Address: 731 FRANKLIN LANE, ORLANDO, FL, 32801 NUMBER OF COMPANIES NOTIFIED*: 820 NUMBER OF BED DOCUMENTS DISTRIBUTED*: 97 NUMBER OF BIDS RECENED: 9 * -Per demandstar.com CHRIS D2ADDVSKY, District No.1 . DDUG COWARD. Cistxt No. 2 • PAULA A LEYJIS, District Na. 3 ~ CHARLES GRANDE, District No. 4 r CHRiS CRAfT. Gskian No. 5 County Admeiiktrator-Faye W, CuBaw, MPA 2300 Yrglnla Avenue- Fort Pierce, Ft 31982.5652 -Phone (772) 462-1700 - 7DD (772) 462-1426 website: rmw.co.sFiucie,lLUs \ ~ ~ 7 ~! ' ,~, - ~~ R ~{ , AGENDA REQUEST ITEM NO. VI-JiJ DATE: 10/13/0 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin ~~ SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Authorization to Advertise a Public Hearing to amend FY 08-09 Budget BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-1100-549000-100 Advertising PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to schedule and advertise a public hearing to amend the fiscal year 2008-09 budget. COMMISSION ACTION: ~ APPROVED ( ) DENIED ( ) OTHER Approved 5-O County Attorney (X ) Dan McIntyre Originating Dept. ( ) (Name) CONCURRENCE: ~`~ Faye W. Outlaw, MPA County Administrator Coordination/Signatures Budget Analyst ERD (X ) Jennifer Hill (Name) Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: October 13, 2009 SUBJECT: Authorization to Advertise a Public Hearing to amend FY 08-09 Budget ITEM NO. VI-J8 Background: The Office of Management and Budget is preparing to present a budget amendment to the Board for the purpose of clearing accounts with insufficient funds in fiscal year 2008-09. This budget amendment will recognize revenue that exceeded the budget amount and establish budgets for interfund transfers. Florida Statute 129.06 (f) requires the Board to hold a public hearing before amending the adopted budget in this manner. Recommendation: Board authorization to schedule and advertise a public hearing to amend the fiscal year 2008-09 budget. AGENDA REQUEST C O CI ~[T Y F L O R I D R TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. ~1 DATE: October 13, 2009 REGULAR [XX] PUBLIC HEARING [] CONSENT [] PRESENTED BY. Daniel S. McIntyre SUBJECT: Juanita Avenue Bridge Project Agreements with FDOT-Locally Funded Agreement; Memorandum of Agreement; Highway Maintenance Memorandum of Agreement BACKGROUND: See attached memorandum FUNDS AVAILABLE: 318-41133-563000-4600 County Capital-Transportation Bond, Local Option Bridge Maintenance PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Local Funding Agreement, Resolution No. 09-302, Memorandum of Agreement pertaining to interest bearing escrow account, Highway Maintenance Memorandum of Agreement and Resolution No. 09- 303 and authorize the Chair to sign the documents. COMMISSION ACTION: [k] APPROVED [ ]DENIED [ ]OTHER: Approved 5-O CONCURRENCE: _.-----} Faye W. Outlaw, MPA County Administrator Review and Approvals County Attorney: ~~`~ Management & Budget Purchasing: Daniel 5. McIntyre (~~ 1r j'~ Originating Dept. Public Works Dir: '~`~ ' County Eng.: ~ r Finance: (Check for copy only, if applicable) Eff. 5/96 INTER-OFFICE MEMORANDUM ~ J - ST. LUCIE COUNTY, FLORIDA ' • • ~ TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 09-1312 DATE: October 9, 2009 SUBJECT: Juanita Avenue Bridge Project Agreements with FDOT -Locally Funded Agreement; Memorandum of Agreement; Highway Maintenance Memorandum of Agreement ***~.,~*******,-~*******xx******x**~****xxx*x*x**x***~*****,~************************* BACKGROUND: The State of Florida Department of Transportation (FDOT) has offered to design and construct the Juanita Avenue Bridge Replacement over Taylor Creek from North 15'h Street to North 13'h Street. The estimated cost of the project is $2,313,651.00. The County's estimated share is $1,158,569.00, The County's share could increase or decrease depending on the cost of the project. The County would be solely responsible for any cost increases. Funding is available in Account Number 318-41133-563000-466 County Capital -Transportation Bond, Local Option Bridge Maintenance. Attached are copies of the following documents: - Locally Funded Agreement (LFA) - Resolution No. 09-302 authorizing the Chair to sign the LFA - Memorandum of Agreement pertaining to interest bearing escrow account - Highway Maintenance Memorandum of Agreement - Resolution No. 09-303 authorizing the Chair to sign the Highway Maintenance Memorandum of Agreement RECOMMENDATION/CONCLUSION Staff recommends that the Board approve the Local Funding Agreement, Resolution No. 09- 302, Memorandum of Agreement pertaining to interest bearing escrow account, Highway Maintenance Memorandum of Agreement and Resolution No. 09-303 and authorize the Chair to sign the documents. ;'~ Respect ully sub fitted, r v~i w ` //e ` , :, i ~1r i Daniel S. McIntyre ' County Attorney r' DSM/caf `" Attachments RESOLUTION NO. 09-302 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL FUNDING AGREEMENT (FM NO. 426209-1-52/62-01) FOR THE CONSTRUCTION OF THE JUANITA AVENUE BRIDGE REPLACEMENT OVER TAYLOR CREEK AND AUTHORIZE THE CHAIR TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation and the County desire to coooperate in the construction of the Juanita Avenue Bridge Replacement over Taylor Creek from North 15th Street to North 13th Street (FM No. 426209-1-52/62-01). 2. The Board should authorize and approve execution of the Locally Funded Agreement with the State of 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 State of Florida (FM No. 426209-1-52/62-01) for the construction of the Juanita Avenue Bridge Replacement over Taylor Creek from North 15th Street to North 13th Street. 2. The Board hereby authorizes the Chair 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 No. 09-302 was as follows: Chair Paula Lewis XXX Vice Chair Charles Grande XXX Commissioner Chris Craft XXX Commissioner Doug Coward XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED this day of October 2009 ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY. County Attorney RESOLUTION NO. 09 - 303 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT (FM NO. 426209-1-52-01) FOR THE CONSTRUCTION OF THE JUANITA AVENUE BRIDGE REPLACEMENT OVER TAYLOR CREEK AND AUTHORIZE THE CHAIR TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation and the County desire to cooperate in the construction of the Juanita Avenue Bridge Replacement over Taylor Creek from North 15th Street to North 13th Street (FM No. 426209-1-52-01). 2. The Board should authorize and approve execution of the Highway Maintenance Memorandum of Agreement with the State of 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 Highway Maintenance Memorandum of Agreement with the State of Florida (FM No. 426209-1-52-01) for the construction of the Juanita Avenue Bridge Replacement over Taylor Creek from North 15th Street to North 13th Street, 2. The Board hereby authorizes the Chair 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 No. 09-303 was ns follows: Chair Paula Lewis XXX Vice Chair Charles Grande XXX Commissioner Chris Craft XXX Commissioner Doug Coward XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED this day of October 2009 ATTEST: BOARD OF COUNTY COMMISSIONERS ST, LUCIE COUNTY, FLORIDA BY. Deputy Clerk Chair APPROVED AS TO FORM AND CORRECTNESS: BY. County Attorney FM No: 426209-1-52162-01 FEID No: VF-591-474-012 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT THIS Locally Funded Agreement (hereinafter referred to as "AGREEMENT"),entered into this day of , 200 by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and ST, LUCIE COUNTY located at 2300 VIRGINIA AVENUE, FORT PIERCE, FLORIDA 34982, hereinafter called the COUNTY . WITNESSETH WHEREAS, the DEPARTMENT and the COUNTY are desirous of having the DEPARTMENT make certain improvements in connection with Financial Management(FM}Number426209-1-52/62-01 (Funded in Fiscal Year 2009/2010) for the Construction of the Juanita Avenue Bridge Replacement over Taylor Creek from North 15`h Street (MP 0.019) to North 13`h Street (MP 0.121) in St. Lucie County, Florida. Referto Exhibit Aof this Agreement for a detailed Scope of Services; and, WHEREAS, for purposes of this Agreement, improvements to be made as stated above are hereinafter referred to as the PROJECT; and, WHEREAS, the improvements are in the interest of both the COUNTY and the DEPARTMENT and it would be more practical, expeditious, and economical for the DEPARTMENT to perform such activities; and, WHEREAS, the COUNTY by Resolution No. - adopted on _,200_, a copy of which is attached hereto and made a part hereof, authorizes the proper officials to enter into this AGREEMENT. ' NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the PROJECT, the parties agree to the following: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The DEPARTMENT shall be responsible for assuring that the Project complies with all applicable Federal, State and Local laws, rules, regulations, guidelines and standards. 3. The COUNTY agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the Project available to the DEPARTMENT at no extra cost. 4. 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'S input in its decisions. 5. The total cost for the Project referenced above, is estimated to be TWO MILLION THREE HUNDRED THIRTEEN THOUSAND SIX HUNDRED FIFTY ONE DOLLARS ($2,313,651.00}. The COUNTY'S share is in the estimated amount of ONE MILLION ONE HUNDRED FIFTY EIGHT THOUSAND FIVE HUNDRED SIXTY NINE DOLLARS ;~: ~.. _ ~< ~~tm,..~3. sv»<< f.i ~.N 'a+%.~aetx.~ ~ a_~~ a~a+ a , z ~ _ . ~ . .. N~._ P _ r,._ ($1,158,569.00) to be paid to the DEPARTMENT far construction of the PROJECT as described in Exhibit A of this Agreement. In the event the actual cast of the PROJECT, minus the DEPARTMENT's share, is less than the COUNTY'S share of ONE MILLION ONE HUNDRED FIFTY EIGHT THOUSAND FIVE HUNDRED SIXTY NINE DOLLARS ($1,158,569.00), the difference shall be refunded to the COUNTY. In the event the actual cost of the PROJECT, minus the DEPARTMENT's share, is more than the COUNTY'S share, cost increases shall be the sole responsibility of and paid by the COUNTY. A. The COUNTY agrees that it will, no later than October 30, 2009, furnish the DEPARTMENT an advance deposit in the amount of ONE MILLION ONE HUNDRED FIFTY EIGHT THOUSAND FIVE HUNDRED SIXTY NINE DOLLARS ($1,158,569.00) for full payment of the estimated Project cost for Locally Funded Project No. 426209-1-52162-01. The advance deposit shall be the COUNTY's share of the total estimated Project cost plus allowances. The breakdown of the total estimated Project cost plus allowances is as follows: Construction Engineering Inspection (CEI) Costs: $339,831.00 Construction Services (Design/Build) + $1.973,820.00 Total Project Cost (Estimated) $2,313,651.00 ARRA Funding (Dept. Share) - $1.155.082.00 Locally Funded Agreement Amount (County Share) $1.158.569.00 The DEPARTMENT may utilize this deposit for payment of the costs of the Project. 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.: 426209-1-52/62-01. The DEPARTMENT shall utilize this amount towards costs of Project No. 426209-1-52/62-01. Payment shall be mailed to: Florida Department of Transportation Professional Services Unit Attention: Leos A. Kennedy, Jr. 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 The payment of funds under this Agreement will be made directly to the Department for deposit as provided in the 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 and made a part hereof as Exhibit B. B. If the COUNTY's share of the accepted bid amount plus allowances is in excess of the advance deposit amount, the COUNTY will provide an additional deposit within fourteen (14) calendar days of notification from the DEPARTMENT or prior to posting of the accepted bid, whichever is earlier, so that the total deposit is equal to the COUNTY's share of the accepted bid amount plus allowances. The .. ~~_~ , ~. .-. .t -, F . ~ . ~_ DEPARTMENT will notify the COUNTY as soon as it becomes apparent the COUNTY's share of the accepted bid amount plus allowances are in excess of the advance deposit amount; however, failure of the DEPARTMENT to so notify the COUNTY shall not relieve the COUNTY from its obligation to pay for its full participation. If the COUNTY cannot provide the additional deposit within fourteen (14) days, a letter must be submitted to and approved by the DEPARTMENT'S Project manager indicating when the deposit will be made. The COUNTY understands the request and approval of the additional time could delay the Project, and additional costs may be incurred due fo delay of the Project. C. If the COUNTY's share of the accepted bid amount plus allowances is less than the advance deposit amount, the DEPARTMENT will refund the amount that the advance deposit exceeds the COUNTY's share of the accepted bid amount plus allowances if such refund is requested by the COUNTY in writing. D. Should Project modifications or changes to the bid item occur that increase the COUNTY'S share of total Project costs, the COUNTY will be notified by the DEPARTMENT. The COUNTY agrees to provide, without delay, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the DEPARTMENT is sufficient to fully fund its share of the Project. The DEPARTMENT shall notify the COUNTY as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the DEPARTMENT to so notify the COUNTY shall not relieve the COUNTY from its obligation to pay for its full participation. Funds due from the COUNTY during the Project not paid within forty (40) calendar days from the date of the invoice are subject. to an interest charge at a rate established pursuant to Section 55.03, F.S. E. The DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred and sixty days (360) of final payment to the Contractor. The DEPARTMENT considers the Project complete when the final payment has been made to the Contractor, not when the construction work 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 for the COUNTY'S share pursuant to the terms of this agreement is less 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 within three hundred and sixty (360) days, the COUNTY is not relieved from its obligation to pay. F. In the event the final accounting of total Project costs for the COUNTY's share is greater than the total deposits to date, the COUNTY will pay the additional amount within forty (40) calendar days from the date of the invoice from the DEPARTMENT. The COUNTY agrees to pay interest at a rate as established pursuant to Section 55.03, F. S., on any invoice not paid within forty (40) calendar days until the invoice is paid. t ,. :..,. t...~ ~ ,. _ _ s 6. The COUNTY and the DEPARTMENT shall comply with the provisions set forth in Exhibit "C", Highway Maintenance Memorandum of Agreement (HMMOA), which is attached hereto and made part of this Agreement. The COUNTY shall sign and return the separately packaged HMMOA togetherwith this Agreement, to the DEPARTMENT forfinal approval and execution. In the event it becomes necessary for the DEPARTMENT or COUNTY to institute suit for the enforcement of the provisions of this AGREEMENT, each party shall be responsible to pay their own attorney fees and court costs. Venue with respect to such litigation shall be in Broward County 8. 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. 9. This AGREEMENT and any interest herein shall not be assigned, transferred or otherwi e encumbered r1y the COUNTY under any circumstances without the prior written consent of the DEPARTMENT. However, this AGREEMENT shall run to the DEPARTMENT and its successors. 10. Except as otherwise set forth herein, this AGREEMENT shall continue in effect and' be binding to both the COUNTY and the DEPARTMENT until the Project is cornpleted as evidenced by the written acceptance of the DEPARTMENT, or June 30, 2013 whichever occurs first. 11. The COUNTY warrants that it has not employed or obtained any company or person, other than bona fide employees of the COUNTY, to solicit or secure this AGREEMENT, and it has not paid or agreed to pay any company, corporation, individual or ftrm, other than a bona fide employee employed by the COUNTY. For breach or vioiation of this provision, the DEPARTMENT shall have the right to terminate the AGREEMENT without liability. 12. This AGREEMENT is governed by and construed in accordance with the laws of the State of Florida. 13. 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 orwritten. 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. 14. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. Alt notices delivered shall be sent to the following addresses: ff to the DEPARTMENT: Florida Department of Transportation -District Four 3400 West Commercial Btvd. Fort Lauderdale, Florida 33309-3421 Attn: Leos A. Kennedy, Jr. With a copy to: James E. Ford, P.E., Project Manager A second copy to: District General Counsel If to the COUNTY: St. Lucie County 2300 Virginia. Avenue Fort Pierce, FL 34982 Attn: Nlr. Craig Hauschild With a copy to: County Attorney *** IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specf~ied herein. [Authorization has been given to enter into and execute this Agreement by Resolution No. hereto attached.] ST. LUCIE COUNTY BY: NAME: TITLE: ATTEST:. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: GERRY O'REILLY, P.E. DfRECTOR OF TRANSPORTATION DEVE[,OPMENT LEGAL REVIEW: BY: CLERK APPROVED: (SEAL} OFFICE OF THE GENERAL COUNSEIr APPROVED: BY: BY: ATTORNEY PROFESSIONAL SERVICES ApM1NISTRATOR .._ <,e-,-~ . _ v... x:>.... r .:..m ., nrx-~.a :.~..m...~ - ,,, .. u,»:.~~~.. , a ~ -~.. .,. ..., - -.,vs..... ~-. _.r~.k- ~ .r ..... - «.........., _ a _ _ ... ~„ EXHIBIT A SCOPE OF SERVICES The Project includes the complete replacement of the Juanita Avenue Bridge that crosses over Taylor Creek (Canal No. 1). The new bridge will be wider than the existing bride, requiring road and drayage improvements on either side of the bridge from North 15"' Street (MP 0.019) to North 13 Street (MP 0.121). The proposed improvements include taut are not limited to clearing and grubbing, roadway reconstruction, bridge removal and construction, driveway reconstruction, pavement marking and signage, storm drain system improvements, slope stabilization (riprap) along Taylor Creek (Canal'No.1) under the bridge, Construction Engineering and Inspection (CEI) services, asbestos testing and removal, and other miscellaneous improvements. The DEPARTMENT shall provide the following services including but not limited to: ROADWAY CONSTRUCTION Remove and n3place the existing roadway system within the right of way including, but not limited to, clearing and grubbing, roadway base and asphalt materials and vegetation, and alt driveway materials. All utility relocations required for the construction of ttte proposed Project improvements will be complete prior to the commencement of constn~ction activities by others. BRIDGE CONSTRUCTION Remove the existing bridge and construct a new bridge including, but not limited to piers, bents, parapets, railing, substructure and superstructure. SIGNING AMD PAVEMENT MARKINGS Install trafl:ic signage and striping conforming to FDOT standards, Manual on Uniform Traffic Control Devices (MUTCD) and best practices. ' DRAINAGE IMPROVEMENTS Remove and replace;portions of the existing storm water system infrastructure including but not limited to storm .inlets, manholes, laterals, and other miscellaneous appurtenances. Positive storm water drainage shalt be maintained within the project area at all the times throughout the duration of-the project. MAINTENANCE OF TRAFFIC Furnish, provide, implement, install and maintain all maintenance of traffic (MOT) plans, permitting and installations that conform to all FDOT standards and best practices. Maintain vehicular and pedestrian traffic to alt private properties at all times. SURVEY SERVICES Furnish any and all necessary surveying services, including construction layout, and providing as-built surveys after constructionts complete. All survey work shall be performed by a surveyor licensed to practice in the State of Florida. Exhibit `B' MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this ,day of ,~_,~+ and between the State of Florida, Department of Transportation, hereinafter referred t the "DEPARTMENT' the State of Florida, Department of Financial Services, Division of ury, hereinafter referred to as "TREASURY" and ST. LUCIE COUNTY, hereinafter refer s the "COUNTY". ,'` y WITNESSETH WHEREAS, "DEPARTMENT" is currently constructing the followi ~ ct: Financial Project Number: 4262Q9-1-52/62-01 County: ST. LUCIE O hereinafter referred to as the "Project". l WHEREAS, the DEPARTMENT and the COU red into a Locally Funded Agreement (LFA) dated , whe in the DEPARTMENT agreed to perform certain work on behalf of the COUNTY in conLu~ornwith the Project. WHEREAS, the parties to this AGI~~~~(VT mutually agreed that it would be in the best interest of the DEPARTMENT and the C~ to establish an interest bearing escrow account to provide funds for the work perfr~e on the Project on behalf of the COUNTY by the DEPARTMENT. ~, W THEREFORE i c~ moderation of the romises and the covenants contained herein, the NO , P parties agree to the foil 1. The RTMENT and the COUNTY agree that the recitals set forth above are true an rect and deemed incorporated herein. 2 ~~~ initial deposit in the amount of ONE MILLION ONE HUNDRED FIFTY EIGHT ~~ THOUSAND FIVE HUNDRED SIXTY NINE DOLLARS ($1,158,569.OQ) will be made by ~~~, the COUNTY into an interest bearing escrow account established by the !~ DEPARTMENT 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 DEPARTMENT upon receipt of this Memorandum of Agreement. Such account will be an asset of DEPARTMENT. 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. 4. All deposits shall be made payable to the Department of Financial Services, Revenue Processina and mailed to the DEPARTMENT District Four Off+ce. The District Four Office will then forward the check, along with required documentation to the DEPARTMENT Central Office for appropriate processing at the following address: Florida Department of Transportation OOC-GAO, LFA Section 605 Suwannee Street, Mai{ Station 428 Tallahassee, Florida 32399 5. The DEPARTMENT'S Comptroller and/or her designees shall be the soles' ies on the escrow account with the Department of Financial Services and ve sole authority to authorize withdrawals from said account. 6. Unless instructed otherwise by the parties hereto, all rnter umulated rn the escrow account shall remain in the account for payment o jectas described in the LFA. 7. The Department of Financial Services agrees fide written confirmation of receipt of funds to the DEPARTMENT. 8. The Department of Financial Services fu e~g ees to provide the DEPARME`N'Twith monthly and/or quarterly reports oft ~ ct's escrow account activity. ~~ STATE OF FLORIDA ~~" STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIO DEPARTMENT OF FINANCIAL SERVICES COMPTROLLER - ~, DIVISION OF TREASURY ~~ ~~ ~~ ST. LUCIE COUNTY BY: SIGNATURE NAME & TITLE 2300 VIRGINIA AVENUE Ft. Pierce, FL 34982 COUNTY ADDRESS F-591-474-012 FEDERAL EMPLOYER I.D. NUMBER E~~IIBIT "C" HIGHWAY NANCE MEMURAl~TDUM OF AGREEMENT SECTION No FM No. (s): COUNTY: S.R. No.: THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSF component agency of the State of Florida, hereinafter called the DEPARTMENT COUNTY,. a po{itical subdivision, existing under the Laws of Florida, herejot COUNTY. C D{STRICT FOUR HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT WITNESSETH; 94630000 426209-1-52-01 ST. LUCIE N/A F, . Ll.ICIE tailed the WHEREAS, the COUNTY has jurisdiction over Juarti ue as Part of the County Roadway System from North 15"' Street to U.S. 1 within the l' the Agency; end WHEREAS, the DEPARTMENT seeks to insta ~ave maintained by the COUNTY certain Highway improvements within the right of w Juanita Avenue as described within Exhbii# A attached hereto and made a part hereof; a WHEREAS, pursuant to §339.07 d 9.06, Florida Statutes and the American Recovery and Reinvestment Act of 2009 ,the DEPARTMENT is authorized to undertake a Project within the COUNTY geograp~ imits and the COUNTY is desirous of having this improvement constructed; and .l' V WHEREAS, the said is ident~ed and known to the- parties as the "Juanita Avenue Bridg$ Transportati ovements," Financial Management (FM} Number 426209-1- 52-01, FAP # ARRA-022-Q~ wiU benefit the COUNTY; and WHEREAS, ~ ~ordance with Federal law and Federal Highway Administration regulations issue... nt thereto, there must be an agreement with the COUNTY to maintain the Project; and WFi~~4S, the parties hereto mutuaAy recognize the need for entering into an NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: Agreem~t ignating and setting forth the responsibilities ofi each party; and EREAS, the COUNTY by Resolution No, dated , 20 , hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; 1. The DEPARTMENT has undertaken the Project and obtained the approval of Federal participation in the Juanita Avenue Bridge Transportation Improvements. Page 1 of 4 2. The COUNTY shall allow the DEPARTMENT and its contractors to enter on the County Right of way to construct this Project. 3. 3. tt is understood and agreed by the parties that upon "final acceptance" by the DEPARTMENT of the Project, (as that term is described in the Standard Specifications for Roadway and Bridge Construction dated 2010, as amended by contract documents section 5- 11) and Notice thereof to the COUNTY, the COUNTY shall be responsible for maintenance of said Project in accordance with the following Federally and State accepted standards and all costs related thereto: (a) FDOT Plans Preparation Manual (PPM), (b) Florida Green Book d ted 2041 (c) Standard Specifications for Roadway and Bridge Construction dated 20 s amended by contract documents, and (d) Manual on Uniform Traffic Control Devices D}, current edition. ,C 4. This document incorporates and includes al{ prior negotiations, pondence, conversations, agreements or understandings as represented in t Fi al Proposed Construction plans. Accordingly, it is agreed that no deviation from the ereof shall be predicated upon any prior representation or agreements whether oral o ~ . n constru c drdin to the laws of the 5. This Agreement shalt be governed, interpreted a d e~ g State of Florida. O ~s*xrr+.• O da IN WITNESS WHEREOF, the parties h~t~to,~have executed this Agreement on the y and year provided below. ATTEST: O ST. LUCIE COUNTY, through its ~~ BOARD OF COUNTY COMMISSIONERS ~~ County Administrator e Ex Officio Clerk of t Board of County C~issioners ~~ ~~ By Mayor day of 2009 Approved as to form by Office of County Attorney St. Lucie County, Florida County Attorney County Attorney By Page 2 of 4 ( /_!09} STATE OF FLORIDA ATTEST: DEPARTMENT OFTRANSPORTATION By Executive Secretary (SEAL) Director of Transportation Development ~o LEGAL REVIEW: Office of the Gener nsel (J / / 09) O ~~ O ~~ ~~ ~~ ~~ Page 3 of 4 SECTION No. FM No. (s) COUNTY: S.R. No.: EXHIBIT A PROJECT IMPROVEMENTS AND SCOPE ALL of the improvements are within the COUNTY's Right of way. Summary of Work: 94630000 426209-1-52-01 ST. LUCIE N/A o~ Reconstruction of the Juanita Avenue Bridge over Taylor Creek (Can I N ~ ), including roadway approaches, drainage improvements, guardrail, embankme slope grading, driveway construction, and bridge construction. Construction En g and Inspection (CEI) services, asbestos testing and removal are also included in "~ t scope. ROADWAY CONSTRUCTION Remove and replace the existing roadway system within t of way including, but not limited to, clearing and grubbing, roadway base and as It terials and vegetation, and all driveway materials. All utility relocations required fort c struction of the proposed Project improvements wild be complete prior to the commenc of construction activities by others. BRIDGE C(TNSTftUCTlt?N ,,~~ Remove the existing bridge and construct a w~idge including, but not limited to piers, bents, parapets, railing, substructure and superstr O SIGNING AND PAVEMENT MAR~~~u"S Install traffic signage and stripi orming to FDOT standards, Manual on Uniform Traffic Control Devices (MUTCD) arpractices. DRAINAGE IMPROVi~f~ITS Remove and repla~~i~o ons of the existing storm water system infrastructure including but not limited to storm in ,manholes, laterals, and other miscellaneous appurtenances. Positive storm water rai shall be maintained within the project area at all the times throughout the duration of ~ r rect. y M ANCE OF TRAFFIC ~~~~~ provide, implement, install and maintain all maintenance of traffic (MOT) plans, p~err?ritting and installations that conform to all FDOT standards and best practices. Maintain vehicular and pedestrian traffic to all private properties at al{ times. SURVEY SERVICES Furnish any and all necessary surveying services, including construction layout, and providing as-built surveys after construction is complete. All survey work shall be performed by a surveyor licensed to practice in the State of Florida. Page 4 of 4 PROJECT SCHEDULE OF VALUES Financial Proles No 4262031-52-01 Date Submitted: Contrexor Name. Contras No. E4K89 Item gspription quantity Unit Unh Prbe C ~ °fct Amount arrrdrK to rgg flePllrala . ,, 3 " ` i .'0. 400% ; 90:00 N ~.° ~ ~dUVW-Plana- n 1 % 1 .00 t LS .. A.86% 0000.00 SigrMrw 8 Pavement Markings 1 LS D 00`.00 0.22% 5000.00 Structures (Bodges 8 Retaining Wallsl 1 LS 90 000.00 3.89% 90 000.00 As-Buifls 1 LS 000.00 0.22% 59 .000.W Mobilization (CoMraxor 1 LS 0.86 % 20 000.00 Preconslrusion Services not to exceed 3 % of Mobilization) . SrA)WlattMileCttgnB ~ Tf:ST dfi Conatrta:don fR§biltzatlbn ~ 3 ~ 997,447w 4 3~X 74 00 IV- CorHrot: _ -.,_ 104-10.3 Sediment Bemer 858 LF -- 0.10% ~-,4.00 104-11 Floating furbidM Barrier 0 LF _ 0.11 % 5~ =`0.00 -- far faeYOri IV .. ~1 ~, a en ND 120-6 Embankment 160-4 ~ B Stabilization 2857-6 Optional Bela. Base Group O6 2857-1 Optional Base. Base Group 01 ,~ 273.00 1468.00 1385.00 131 (~ CV SY SY SV 915.W 53.W 16.50 0.00 0.18% 0.19% 0.99% 0.11% 94,085.W 374.00 ;22.852.50 2 fi20.00 334-1-12 Superpave Asph Conn Traffic B 1Mainline) 33x1-12 Superpeve Asph Cone 7reMc B fDnvewavs) 544-75-14 Crash Cushion - Veh Impel Att Ouadouard 188.30 7.30 4 TN TN ~ 990.W 990.00 14 0. % 0.03 % 2.51% 91fi.767.00 57.00 958.000.00 570.1 Pertormance Turt, Sod 2504.00 SY 925_0 0 27% ~Zti0.00 ~Of saddoil Sr{, ; 7 W- 425-1-521 Inlets. D T dot. i vua ~ ~ iu 1 FA 52.350. - U.1ll'b St.35u. W 42511 Drainage Stmcture ModiN (Manhole) 430-174-101 Pipe Culv Opt Matl. Round 0-24" SD 430-964-129 Mitered End Sexton. Optonal Round 24" SD 1 130 1 _ EA LF EA - i .00 ;65.00 91_1Q0 DO 0.07% 0.48% 0.05% 1 550.00 11 050.00 ;t 100.00 lp[itdl{OnVll. t VNI 'b PavamaMMNxin 700-20-1 Sin le Post S' n F81 Less Than 12 SF 2 EA 531 S r~ 0.03% 3G.Ou 700-20.8 Sin le Post Sin Remove F~lW 0,00% 100.00 70510.1 O ~ect Marker T 1 4 FJ1 1 5.00 0.02% 500.00 70510.3 Ob- M r 706-3 afro-reflexive Pavement Markere 4 FJ1 /8 O4 04 0.03% 0.01 % . 6 145.44 711-11-111 Thermo lastic Standard While Solid 6" 0.2 NM 200.00 0.04% 0.00 711-11- 31 hermoolastic. tandard. Vellow_Skrp. 6" _ 0,01 Ye ryl n0 fdK.RfRidn XaNL - ~. 0. D5B ti0 nemovar tcxtsang nrrucrure I JI 400-14 Composite Neogene Pads 3 r C__ 1 150.OD 1a a 400- -1 oncrete G ss I roa abs 400.4-4 Conaele Class IV. Suoerslruxure _ 95 _ CY 00 _ 400-4-5 Concrete Gass IV. Supstruxure 400-7 Bntlge Deck Grooving. Deck Thickness < 8.5" 9 544 CV S_V 8 .00 .00 _ .14 1 4151-4 Reinforcing Steal Superstructure 27.797 LB 1. 1. 41 alit orcino tpl. u truxure 4151-9 einforxrrp Steel, Apwoach Slabs ~_ _ LB 1 a 450-1-2 Prestressed Beams. Invenetl 0" 4 5-34-3 Prestressed Concrete fling (18'9 14 est i es- restress ncrete. 1 ~_ ~_ LF L L _ 4 a usldn Pl - - Bridge Deck Expansion Joint Poured Joint wl 45&1-11 Backer Rod 112 LF 555.00 0.27% BE ,160.00 Concrete Tragic Raifinp Berner-Bridge. 42" 521-55 Vert. Face 306 LF 93 g.00 1.26% 2B 070.00 530-3-4 Riprao-Rubble. Ditch Linino a TN a - foe ttaalon IX T 7C Amount 3 70' ~ Conaul4M Constructwn fn itxerin B Ira 'on CE T CONTRAC 1. 3 MOSQUITO CONTROL DISTRICT MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stlucieco.org :Iif iiitliililif iiiiiiiii::fiiii{if1111{if llllilii li//iililliilli:{iifilltiiilllllf lifilliilifiiiiilif iifiliiiili Chris Dzadovsky, Chairman Chris Craft, Vice Chairman Doug Coward Charles Grande Paula A. Lewis liillilliiliiiiiili/iii/:iliti::illillii{i: iillfiffi:ii{iilitiiitil ii tiiii/iil:ilii:iiliiiiilli District No.1 District No. 5 District No. 2 District No. 4 District No. 3 1{iiiilllliiiiilliiii{iiilillil lllil:Iilil lllf {iiiiiii/IIi1111iiii111ii{i:iilllillllill/ilil{iiiii if iiiii:ii:{if iiiilliiliflllliiiiii:ii:liifiiliii:iiiiiiiiiii:iiiiiiil ii ii:iiiii/iii l{iiiilliiil iiilliil/iiiii MINUTES Approve the minutes from the September 22, 2009 meeting. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 52, 53, 1 and 2. B. MOSQUITO CONTROL Bid Waiver -Telemetry Equipment Monitoring and Maintenance Services Consider staff recommendation to approve of bid waiver and sole source determination for telemetry equipment and software monitoring and maintenance. Authorization for Chair to execute a contract with Locher Environmental Technology, Inc., as approved by the County Attorney. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 22, 2009 Convened: 10:02 a.m. Adjourned: 10:03 a.m. Commissioners Present: Chairman, Chris Dzadovsky, Paula A. Lewis, Doug Coward, Chris Craft, Charles Grande Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Jim David, Mosquito Control Director, Millie Delgado-Feliciano, Deputy Clerk MINUTES Approve the minutes from the September 8, 2009 meeting. It was moved by Com. Craft, seconded by Com. Coward to approve the minutes of the meeting held September 8, 2009, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA It was moved by Com. Grande, seconded by Com. Craft, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 50 and 51. The Board approved Warrant List No. 50 and 51. B. PURCHASING Amendment to the Contract for Aerial Adulticide Services The Board approved the first amendment to Contract No. C09-06-299 with Vector Disease Control, Inc., extending the term through December 31, 2010, and authorized the Chair to sign documents as approved by the County Attorney. 2. Amendment to the Contracts for Emergency Debris Removal and Dike Repair The Board approved the first amendment to Contract No. CO7-12-706 with Native Technologies, Inc. and Contract No. C07-12-707 with TSI Disaster Recovery, LLC., incorporating the new Federal Highway Administration (FHWA) requirements, adding impoundments 12, 14A, 14B and 14C and extending the term through December 10, 2010, and authorized the Chair to sign documents as approved by the County Attorney. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 09/25/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #52- 19-SEP-2009 TO 25-SEP-2009 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 13,519.38 GRAND TOTAL: 13,519.38 PAGE 1 PAYROLL 0.00 0.00 10/01/09 FZABWARR FUND 145 146 ST. LUCIE COUNTY - BOARD WARRANT LIST #53- 26-SEP-2009 TO 30-SEP-2009 FUND SUMMARY- MOSQUITO TITLE EXPENSES Mosquito Fund ~y,u~i•~~ Mosquito State I Fund 1,158.19 GRAND TOTAL: 30,186.04 PAGE 1 PAYROLL 39,395.70 0.00 39,395.70 10/08/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #54- O1-OCT-2009 TO 08-OCT-2009 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 78,478.95 GRAND TOTAL: 78,478.95 PAGE 1 PAYROLL 0.00 0.00 10/06/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST # 1- Ol-OCT-2009 TO 05-OCT-2009 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 2,896.67 GRAND TOTAL: 2,896.67 PAGE 1 PAYROLL 0.00 0.00 10/12/09 ST. LUCIE COUNTY - BOARD PAGE 30 FZABWARR WARRANT LIST #2 - 09-OCT-2009 TO 12-OCT-2009 FUND: 145 - Mosquito Fund CHECK INVOICE VENDOR TOTAL 09799969 I1000115 Circle H Citrus Inc 57.63 09799990 I1000121 St Lucie Co Property Appraiser 12,994.10 FUND TOTAL: 13,051.73 ITEM NO. III-B _~ .. -.. y _~...__. . ~___..._ _ _._ _. _.._. ... . ~ - -~ - ' ~ DATE: 10/13/09 i . , AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: MOSQUITO CONTROL BOARD PRESENTED BY: James R. David SUBMITTED BY: Mosquito Control District Mosquito Control Director SUBJECT: Bid Waiver -Telemetry Equipment Monitoring and Maintenance Services BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 145-6230-546000-600 Equipment Maintenance PREVIOUS ACTION: Prior contract with Locher Environmental Technology, Inc. (C07-11-715) RECOMMENDATION: Board approval of bid waiver and sole source determination for telemetry equipment and software monitoring and maintenance. Authorization for Chair to execute a contract with Locher Environmental Technology, Inc., as approved by the County Attorney. COMMISSION ACTION: ,(~ APPROVED ( ) DENIED ( ) OTHER Approved 5-O Coordination/Sictnatures County Attorney (X) OMB Director (X ) Budget Analyst Daniel S. McIntyre Bather Young Originating Dept. (X) ERD ( ) J mes R. David CONCURRENCE: ,----- Faye W. Outlaw, MPA County Administrator Marie ouin TawonnaJohnson (Name) COUNTY "` F C O R[ D A TO: Mosquito Control Board Mosquito Control MEMORANDUM FROM: James R. David, Mosquito Control Director Mosquito Control DATE: October 13, 2009 SUBJECT: Bid Waiver -Telemetry Equipment Monitoring and Maintenance Services ITEM NO. III-g Background: Telemetry equipment manufactured by Campbell Scientific, Inc. is used on Mosquito Control Impoundments to relay and record water level, rainfall, pump operation and aerator data. This equipment and its operating software requires daily monitoring and monthly maintenance oversight to ensure proper performance measures are met. Locher Environmental Technologies, Inc., located in Lakeland, Florida, provides that service as a sole source, authorized manufacturer's representative and supplier of Campbell Scientific, Inc. products in Florida. An annually renewable contract with Locher Environmental Technology, Inc. is sought, in the amount of $69,461.67. Purchasing procedures outlined in Section 5.5, sub-section (a)(2) have been followed. Previous Action N/A Recommendation Board approval of bid waiver and sole source determination for telemetry equipment and software monitoring and maintenance. Authorization for Chair to execute a contract with Locher Environmental Technology, Inc., as approved by the County Attorney. w ~ ~ - ~ = = MOSQUITO CONTROL DISTRICT • • ~ ~ ~ MEMORANDUM T0: Marie Gouin, OMB Director FROM: James R. David, Mosquito Control Director ~ DATE: September 15, 2009 SUBJECT: Telemetry Services Bid Waiver Per Section 5.5 of the Purchasing manual, District staff is requesting review and approval of a Bid Waiver, in accordance with sub-section (a) (2), for purchase of telemetry equipment/parts and software monitoring and maintenance services from a single source, Locher Environmental Technology, Inc.. Attached are copies of the proposed agenda item and memo, the previously submitted contract request, a summary of proposed costs from the vendor, the Department's sole source procurement memo, and the sole source certification from the manufacturer of Campbell Scientific telemetry equipment, referencing Locher Environmental Technology Inc. as their exclusive distributor. The basis for the sole source is the certification by Campbell Scientific, Inc., the manufacturer of the equipment the District uses on the impoundments, that Locher Environmental Technology, Inc. is their exclusive distributor in Florida. The software being employed is also exclusively the property of, and was developed by, Campbell Scientific, Inc., and is supplied by their sole distributor in Florida, Locher Environmental Technology Inc.. Approved: Cc: file Marie M. Gouin Faye W. Outlaw, MPA Management & Budget/ County Administrator Purchasing Director EROSION DISTRICT EROSION DISTRICT www.co.st-lucie.fl.us www.stlucieco.org fiiill{{ilifffilti1111{,111111111{f111{f{Iii11111{fliilf 111ilfllll1111f1111111111iItf11111{11/111{filHiflfl/f11111111111f1111{I/illlllf 11{1111111{111/{,1111,, ff iilliiifli3ii{iliiiiif lfill{ffilf if fif fif l/{fif Chris Craft, Chairman District No. 5 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No.1 Paula A. Lewis District No. 3 {111i1iiifl{f l~llfiil{fil 11{111, 1111111111f1i11i111{{111,,111ii1I1111it1iiifl{iff11f1f /illiillf fif 1111{{, 111i1If1111f11iflllliiflf 1111111111flf ilil/{1111/fif{.Ilfiiiliiilfifif ii/fiiiflilili111f fif i/i{{iii/fi{ MINUTES Approve the minutes from the September 22, 2009 meeting. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 52, 53, 1, and 2. 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. EROSION DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 22, 2009 Convened: 10:03 a.m. Adjourned: 10:03 a.m. Commissioners Present: Chairman, Chris Craft, Paula A. Lewis, Doug Coward, Chris Dzadovsky, Charles Grande Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Millie Delgado-Feliciano, Deputy Clerk MINUTES Approve the minutes from the September 8, 2009 meeting. It was moved by Com. Lewis, seconded by Com. Grande, to approve the minutes of the meeting held September 8, 2009, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA It was moved by Com. Grande, seconded by Com. Coward, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 50 and 51. The Board approved Warrant List No. 50 and 51. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 09/25/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #52- 19-SEP-2009 TO 25-SEP-2009 FUND SUNINIARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 1,123.00 GRAND TOTAL: 1,123.00 PAGE 1 PAYROLL 0.00 0.00 09/25/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #52- 19-SEP-2009 TO 25-SEP-2009 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 1,123.00 GRAND TOTAL: 1,123.00 PAGE 1 PAYROLL 0.00 0.00 1Of01/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #53- 26-SEP-2009 TO 30-SEP-2009 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 0.00 GRAND TOTAL: 0.00 PAGE 1 PAYROLL 4, 966.40 4, 966.40 10/08/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #54- Ol-OCT-2009 TO 08-OCT-2009 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 2,250.00 GRAND TOTAL: 2,250.00 PAGE 1 PAYROLL 0.00 0.00 10/06/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST # 1- Ol-OCT-2009 TO 05-OCT-2009 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 646.82 GRAND TOTAL: 646.82 PAGE 1 PAYROLL 0.00 0.00 10/12/09 ST. LUCIE COUNTY - BOARD PAGE 31 FZABWARR WARRANT LIST #2 - 09-OCT-2009 TO 12-OCT-2009 FUND: 184 - Erosion Control Operating Fund CHECK INVOICE VENDOR TOTAL 09799990 I1000125 St Lucie Co Property Appraiser 6,002.46 FUND TOTAL: ~ 6,002.46 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: October 6, 2009 Convened: 6:00 p.m. Adjourned: 8:30 p.m. Commissioners Present: Chairperson, Paula A. Lewis, Charles Grande, Chris Craft, Chris Dzadovsky, Doug Coward utners rresent: Faye outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Mark Satterlee, Growth Management Director, Don West, Public Works Director, Lauri Case, Utilities Director, Roger Shinn, Central Services Director, Marie Gouin, OMBIPurchasing Director, Diana Lewis, Airport Director, Millie Delgado-Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the September 22, 2009 meeting. Approve the minutes from the September 22, 2009 Final Budget Public Hearing meeting. It was moved by Com. Grande, seconded by Com. Craft, to approve the minutes of the meetings held September 22, 2009 and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. There are no proclamations/presentations scheduled for October 6, 2009. V. GENERAL PUBLIC COMMENT Mr. John Arena, area resident, addressed the Board regarding the sludge material brought into St. Lucie County from various surrounding counties and expressed his concern with the sludge damaging the Indian River Lagoon. Mr. George M. Baker, Port St. Lucie resident, addressed the Board regarding a possible location for a dog park. Mr. Michael Minton, Attorney on behalf of the Evans Properties addressed the Board on items 11 and 12 on the agenda. He advised the Board the Evans understand why the Board of County Commissioners are expressing their objection to the utilities certification request. He stated they wished to advise the Board this was not a Cloud Grove situation. Corn. Coward advised Mr. Minton of his disappointment at the fact the Board was not informed of this action prior to this meeting. He believed this information should have been provided to the local governments before the filing of the application to the state. Mr. Jonathan Ferguson, Attorney representing TC Intermodal Campus, addressed the Board regarding their RFQ response to the Port of Palm Beach. Corn. Coward requested a copy of the response. Mr. Ferguson stated he will ask his client if this can be provided prior to the date of the presentations otherwise he will mail it afterwards. Mr. Mark Walters, area resident addressed the Board regarding the Smith Ranch and the available land for preservation. He addressed the fact that the Committee voted on this site as an "A" site but never visited the site itself. _1_ Com. Coward advised Mr. Walters there were limited funds available in the sensitive lands program and the Committee felt there were other high priority "A" sites that deserved greater attention. Mr. Craig Mundt, Board Member of the Seal Museum addressed the Board and requested the ability to present a power point regarding the decision of the Tourist Development Council. Com. Coward recommended this be re-scheduled to be heard and take comments from the interested parties and the TDC. It was the consensus of the Board to bring back this item and the power point to be presented in two weeks and to also provide time for Mr. Mundt to schedule appointments with the Board individually. VI. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Grande, to approve the Consent Agenda, with item C6- D pulled and item 6B-8 be pulled and placed as an item on the regular agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 52 and 53. The Board approved Warrant List Nos. 52 and 53. B. COUNTY ATTORNEY Donation of Property -Paradise Park Stormwater Improvements -Taylor Creek Associates, Ltd. -Parcel ID 1433-440-0005-010/3 -Resolution No. 09-283 The Board accepted the Fee Simple Deed, authorized the Chair to sign Resolution No. 09-283 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. 2. Revocable License Agreement -Cameron and Michelle Dewhurst - 260 NE Solida Drive -River Park The Board approved the Revocable License Agreement, authorized the Chair to sign the Revocable License Agreement and directed Mr. & Mrs. Dewhurst to record the document in the Public Records of St. Lucie County, Florida. 3. General Services Administration -Supplemental Lease Agreement No. 4 for Trailer Storage at Fairgrounds The Board approved the proposed Supplemental Lease Agreement No. 4 with the General Services Administration, and authorized the Chair to sign the agreement. B. COUNTY ATTORNEY CONTINUED Resolution 09-268 - A resolution authorizing the Escambia County Housing Finance Authority to operate within the boundaries of St. Lucie County on behalf of St. Lucie County and the Housing Finance Authority of St. Lucie to finance qualifying single family mortgage loans; approving form and execution of an Interlocal Agreement between the Authority and the Escambia Authority; approving the issuance of not exceeding $300,000,000 single family revenue bonds on behalf of St. Lucie County. The Board adopted Resolution No. 09-268 as drafted and authorized the Chair to sign. 5. Donation of Right-of-Way - Denedios Holdings, LLC - 10 feet of right-of-way on Hammond Road -Resolution No. 09-293 The Board accepted the Warranty Ueed, authorized the Chair to sign Resolution No. 09- 293 and directed staff to record the documents in the Public Records of St. Lucie County, Florida. 6. Second Amendment to the following Contracts: Callaway & Price, Inc. (C06-08-554) Deighan Consultants (C06-08-553) East Coast Appraisers & Consultants (C06-08-511) -2- Fuller-Amtfield-Wagner Appraisal & Research, Inc. (C06-08-512) The Board approved the Second Amendment to the following contracts: Callaway & Price, Inc. (C06-08-554), Deighan Consultants (C06-08-553), East Coast Appraisers & Consultants (C06-08-511), and Fuller-Armfield-Wagner Appraisal & Research, Inc. (C06- 08-512) extending the contracts through August 21, 2010 and authorized the Chair to sign the Amendments as prepared by the County Attorney's office. Florida Communities Trust -Harbor Branch Preserve/FCT Project 07-027-FF7 - Amendment to Option Agreement for Sale and Purchase The Board approved the Amendment for Sale and Purchase of the Harbor Branch Preserve parcels, authorized the Chair to execute the Amendment and directed staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. 8. Lease Agreement with Sundancer's Radio Control Club, Inc. Consider the Board approve to (a) adopt Resolution No. 09-297 and authorized the Chair to sign the Resolution; and, (b) authorize the Chair to sign the Sublease Agreement with Sundancer's Radio Control Club, Inc. to lease approximately 80 acres, described in Exhibit "A" as approved by the County Attorney. (This item was moved to the regular agenda) C. AIRPORT Airport West Commerce Park Sanitary Sewer Grant No. LP8991, Amendment 1 The Board approved FDEP Grant No. LP8991 Amendment 1 for the Airport West Commerce Park Sanitary Sewer and authorized the Chair to sign the document as approved by the County Attomey. C. AIRPORT CONTINUED 2. Change Order No. 6 for the Second Phase of the New Runway and Taxiway The Board approved Change Order No. 6 for Dickerson Florida, Inc. on the second phase of the New Runway and Taxiway Project increasing the total project cost by $67,277.82 from $3,966,924.19 to $4,034,202.01 with an increase in the contract time of 3 days to August 24, 2009 and authorized the Chair to sign the document as approved by the County Attomey. 3. Resolution No. 09-296, Florida Department Transportation (FDOT) Joint Participation Agreement, Storm Water Pollution Prevention Plan (SWPPP) Update The Board approved Resolution No. 09-296 accepting the FDOT Joint Participation Agreement in the amount of $80,000 for the Stormwater Pollution Prevention Plan (SWPPP) Update and authorized the Chair to sign the document as approved by the County Attomey. D. ADMINISTRATION Tourist Development Council Capital Grants Program 2009 - 2010 Consider staff recommendation to approve the Tourist Development Council Capital Grants Program 2009 - 2010 implementation and application, per the attached memorandum. This item was pulled prior to the meeting. E. PUBLIC WORKS Contract extensions with Taylor Engineering & Dredging and Marine Consultants. The Board approved of the fourth extension to contract C04-12-563 with Dredging and Marine Consultants, LLC., and contract C04-O7-658 with Taylor Engineering, Inc. extending the contract -3- through December 31, 2009 and authorized the Chair to sign the documents as prepared by the County Attorney's office. F. INVESTMENT FOR THE FUTURE Bid Waiver and sole source determination -Siemens Building Technologies. The Board approved bid waiver and sole source determination for Siemens Building Technologies to install the APOGEE energy management system at the St. Lucie County Health Department, located on Avenue C, at a cost of $128,655, reallocate Investment for the Future Funds in the amount of $30,000, and authorized the Chair to sign the documents as approved by the County Attorney. G. MANAGEMENT AND BUDGET 1. Request for Qualifications 09-060, Civil Engineering and Land Planning Services for the Treasure Coast Research Park The Board approved rejecting all responses, revise scope of services and re-advertise Request for Qualifications 09-060, Civil Engineering and Land Planning Services for the Treasure Coast Research Park G. MANAGEMENT AND BUDGET CONTINUED Supervisor of Elections Advance Request The Board authorized approval of the Supervisor of Elections request for 25 percent ($655,355.75) of the total FY10 budget and thereafter, 6.82 percent per month. Tax Collector Advance Request The Board approved the Tax Collector's request for an October commission advance in the amount of $675,000. PUBLIC HEARINGS VII. A. COUNTY ATTORNEY Ordinance No. 09-025 -Amending Section 11.05.11(A) (2) of the Land Development Code - Requirementfor Permit; Exemptions Consider staff recommendation to adopt Ordinance No. 09-025 as drafted and authorize the Chair to sign. Corn. Dzadovsky expressed his concern with an issue going to the South Florida Water Management District and the Board not being able to review the issue. He also expressed his concerns with the impact on the ground water table after the fact of the mining and if an artificial lake was maintained with a well it would cause a problem for the surrounding residents. Com. Coward addressed page 2 subsection A -1 and the word "removal" being deleted. He believes they are talking about the removing of the material off site. He believes the word "excavation" should be off site removal. Mining is the removal of material off site. Com. Grande stated he thought this was pertaining to making a "big hole". The Growth Management Director stated they were attempting to handle the impact of the surrounding community when material is being removed and he believes the term "removal " should be the term used. Mr. Lee Dobbins, Dean, Meade firm addressed the Board regarding page 4 and stated he did not agree with the language where it indicates "revoking of permit". He believes it will cause concern of being shut down and believes there are areas to handle nuisance problems under the current law. He believes there should be a standard set if this was going an issue. Com. Grande questioned what standard he was recommending or if he had one -4- Mr. Dobbins stated he did not, however, he felt it was not fair to any owner of a property to run the risk of being shut down because there were complaints. He believes this could be handled within our code and standards for businesses. Com. Coward stated he believed in the previous sub section, one and two would need to apply if there was going to be any revocation of material removal. As long as they are operating within the guidelines of the conditional use approval, and the mining permit and the issues would already be covered and they would not revoke it. However, if they are operating outside the conditional use permit and mining permit and in violation, and it was clear that it had adverse affect on the neighbors, then it would come back to the Board and they would have the ability to revoke The Asst. County Attorney stated it would be both and this language is part of the county's Land Development Code under the conditional use section. Mr. Dobbins stated he believed they did not need the second step in part 2 if they are violating the condition. Com. Grande stated he believed Mr. Dobbins was correct, the end means there are two conditions one and two and that you do not need to meet both of them. If you needed to meet both of them, then you would not need the second one. Mr. Jonathan Ferguson thanked Com. Coward for clarifying whether it is off site transport or digging 100 cubic yards. He believes it has more to do with off-site transport. The County Attomey stated to provide more clarity, he recommended placing the word "or" rather than "and" in paragraph one, and in number 2, place "upon complaint and proof of violation of any condition imposed upon and adverse affect on adjacent properties". Com. Grande stated he would not be in favor of the change and provided an explanation for his disapproval. The County Engineer stated not all mining permits fall under a conditional use approval The Growth Management Director stated they are trying to provide a mechanism a small measure of protection for someone who is planning a small project and to move material off site. Com. Grande stated he concurred with changing the "and" to "or". Com. Lewis stated she believed there would need to be significant adverse affect and dust on your car may not be considered as such. Com. Coward recommended approving this item with the minor change on the off- site language added and keep the language in the back consistent. Com. Grande stated he concurred with Com. Coward's recommendation. It was moved by Com. Coward, seconded by Grande to approve Resolution No. 09-025 with the minor off site language added in place of excavation in subsection A-1 page 2, and; upon roll call, motion carried unanimously. Com. Lewis expressed her concerns with adding this new application in the future however, she stated she would support it due to the fact they need to address the issue. Staff was also directed to address this issue more comprehensively. VII. B. COUNTY ATTORNEY Ordinance No. 09-028 -Establishing Airport West Commerce Park Leasing Standards and Procedures Consider staff recommendation to approve proposed Ordinance No. 09-028 as drafted Com. Dzadovsky questioned if as part of the procedure they can streamline the building permit and review process for targeted industries. The County Administrator stated they have taken a look at the processing and are at a point where they are ready to put this in place or near to doing so. -5- It was moved by Com. Grande, seconded by Com. Dzadovsky to approve Ordinance No. 09-028 as drafted and revised, and; upon roll call, motion carried unanimously. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. COUNTY ATTORNEY Resolution No. 09-292 Asking the Federal Government to Stop Discharging Pollutants and Excess Water into the St. Lucie River and Estuary System Consider staff recommendation to approve to adopt Resolution No. 09-292 and authorize the Chair to sign the Resolution. Com. Craft stated he felt this Resolution was incomplete. He requested additional language in a more positive manner and not as a negative. He believes the Resolution is too vague and cannot support it as written. Com. Coward recommended incorporating language that includes the type of solutions. Com. Grande requested a support of the flow way concept be added. Com. Dzadovsky asked the Board to support this resolution tonight with more in depth language added and bring it back next week with the stronger language as recommended. It was the consensus of the Board to bring this item back next week. Lease Agreement with Sundancer's Radio Control Club, Inc. (6-B-8) Consider the Board approve to (a) adopt Resolution No. 09-297 and authorized the Chair to sign the Resolution; and, (b) authorize the Chair to sign the Sublease Agreement with Sundancer's Radio Control Club, Inc. to lease approximately 80 acres, described in Exhibit "A" as approved by the County Attorney. Com. Coward requested a minor change adding language stating what the county will do in the agreement. The agreement did not state how the Zone B dollars will be used for the improvement. It was moved by Com. Coward, seconded by Com. Grande, to approve Resolution No. 09-297 and amend Sublease Agreement as requested by Com. Coward, and; upon roll call, motion carved unanimously. IX. COUNTY ATTORNEY Interlocal Agreement between St. Lucie County and Fort Pierce Utilities Authority (Juanita Bridge) Consider staff recommendation to approve the Interlocal Agreement and authorize the Chair to sign the Agreement. The Public Works Director stated federal stimulus dollars cannot be utilized for the utility relocation and will be for the construction of the bridge; however they will dollars from the county road bond for the utility relocation. It was moved by Com. Dzadovsky, seconded by Com. Grande, to approve the Interiocal Agreement, and; upon roll call, motion carved unanimously. X. COUNTY ATTORNEY Rural Lands Stewardship Based on prior Board direction, Staff recommends the Board direct staff to initiate the process of amending the County's Comprehensive Plan to delete the RLSA amendments. Staff also recommends that the Board authorize the Growth Management Director to send the attached letter to the owners of the sending and receiving areas. This item was pulled prior to the meeting. -6- XI. COUNTY ATTORNEY Application of Grove Land Utilities, LLC to Operate a Water and Wastewater Utility to Provide Services in a Portion of St. Lucie County Consider staff recommendation to authorize the County Attomey to file the Objection with the Florida Public Service Commission. The County Attorney addressed the modification in paragraph 2 and language was added at Com. Grande's request. Com. Grande addressed a correction on the first page. The County Attomey stated the correction would be made. Com. Coward addressed the fact the county was not approached as it relates to utilities or the land use. and follow up with changes in the process and the importance of this being noted. Com. Craft recommended lobbying Tallahassee and requesting they not accept applications without notifying the local governments. Corn. Dzadovsky expressed his concerns with the proposal of a refinery in the western lands area. He recommended the applicant participate in the western lands study. Corn. Coward recommended it be noted and add the language that no application for land use change has been submitted to date and that the county is currently moving forward with a comprehensive western land use study in which these decisions on utilities should be incorporated. It was moved by Com. Coward, seconded by Com. Grande to approve the objection as amended incorporating Com. Cowards recommended language and authorize the County Attorney to file the objection with the Florida Public Service Commission, and; upon roll call, motion carried unanimously. XII. COUNTY ATTORNEY Application of Bluefield Utilities LLC to Operate a Water and Wastewater Utility to Provide Services in a Portion of St. Lucie County Consider staff recommendation to authorize the Counrj Attomey to file the Objection with the Florida Public Service Commission Corn. Craft recommended delaying this item until next week so that he has time to meet with the applicant. Corn. Grande recommended moving forward and stated they still would have the ability to withdraw the objection. Corn. Coward concurred. Com. Dzadovsky recommended the same language be added to this objection. It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve staff recommendation as amended, and; upon roll call, the vote was as follows: Ayes: Coward, Lewis, Grande, Dzadovsky, and Nay's: Craft; motion carried by a vote of 4 to 1. Other Business Corn. Grande requested the Board ratify his appointment of Toby Philapart to the Affordable Housing Committee. It was moved by Com. Craft, seconded by Com. Coward, to ratify Com. Grande's appointment, and; upon roll call, motion carried unanimously. -7- There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court -8- AGENDA REQUEST w ~ C 4 Ci I~{T Y ~ F L O R I D A" T0. BOARD OF COUNTY COMMISSIONERS ITEM NO. i V'~ DATE: October + ~, 2009 REGULAR [XX~ PUBLIC HEARING CONSENT [] PRESENTED BY. SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 09-298 proclaiming the month of November as "ALZHEIMER'S DISEASE AWARENESS MONTH" in St. Lucie County, Florida BACKGROUND: Diane Charette, Development Coordinator, Alzheimer's Community Care, has requested that this Board proclaim the month of November as "Alzheimer's Disease Awareness Month" in St. Lucie County, Florida. The attached Resolution No. 09-298 has been drafted for that purpose. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-298 ns drafted. COMMISSION ACTION: CONCURRENCE: ~ APPROVED [ ]DENIED [)OTHER: PULLED PRIOR TO MEETING. Faye W. Outlaw, MPA County Administrator Review and Approvals `; ,.~. County Attorney: ~'~~ ` Management 6 Budget Purchasing; Daniel 5. McIntyre Originating Dept. Public Works Dir: County Eng.; Finance: (Check for copy only, if applicable) Eff. 5/96 RESOLUTION NO. 09-298 A RESOLUTION PROCLAIMING THE MONTH OF NOVEMBER, 2009, AS "ALZHEIMER'S DISEASE AWARENESS MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Alzheimer's disease is n progressive, degenerative brain disorder that causes loss of memory, impaired thinking, confusion and disorientation. 2. In the United States 5.3 million people have Alzheimer's disease, and every seventy (70) seconds another American develops the disease. 3. More than five hundred thousand (500,000) Floridians have Alzheimer's disease or a related disorder, including nine thousand one hundred four (9,104) in St. Lucie County. 4. Specialized dementia specific care will ensure that our families live within n safe and secure community, their dignity and quality of life is preserved, and that services and resources are accessible to all cultures within our communities. 6. This Board extends its' gratitude to those who provide vital care and support, including Alzheimer's Community Care, a local community-based provider of specialized services and resources. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of November, 2009, as "ALZHEIMER'S DISEASE AWARENESS MONTH" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to learn more about Alzheimer's Disease during Alzheimer's Disease Awareness Month in St. Lucie County, Florida. PASSED AND DULY ADOPTED this 27th day of October, 2009. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ,~ ,: ~~ ~'; ~f~ , ~~~ ~ ,~y~~' ~~x~~ > z -. ~ r ~: axs,e.~ s,,...,~*~w'~.:snc:. ',i+~"sv",.~:e~az'a~..aa ~3.'d.+.x.,.a._~v ~ ,~,. ~.. .k, ~ ~ ~ ~- "~~ ,~ s~ ITEMS ~":° ~ ~ `~ ~ ~:: ~' 10/08/09 FZABWARR FUND TITLE 001 001113 001176 001184 001188 001191 001505 101 101002 101003 101004 101006 102 102001 102809 104 105 107 107002 107006 107205 107206 109 111 112 120 122 130 130100 130101 139 140 140351 140358 160 181 183 183001 183006 184209 184212 189100 189201 316 318 318102 401 418 ST. LUCIE COUNTY - BOARD WARRANT LIST #54- O1-OCT-2009 TO 08-OCT-2009 FUND SUMMARY EXPENSES General Fund CDBG Supp Disaster Recovery Subgran FTA Section 5303 F/Y06 CDBG 07 Section 112/MPO/Fhwa/Planning 2007 FTA Sec 5309 Buses 06/07 FDCA Emerg. Mgmt Prep & Assist FY09 Transportation Trust Fund Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Phase 2 SFWMD Grants & Donations Fund Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-E911 Surchar F&F Fund-Court Related Technology Juvenile Justice & Delinquency Prev FDCF Criminal Justice, Mental Healt Drug Abuse Fund River Park I Fund River Park II Fund The Grove Fund Indian River Estates Fund SLC Public Transit MSTU FTA 5307 Capital and Operating assi FTA Operating and Capital Assist Palm Grove Fund Airport Fund Install Access Control System FDOT Update Master Drainage Plan Plan Maintenance RAD Fund SLC Housing Finance Authority Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Guardian Ad Litem Fund FDEP - Fort Pierce Shore Protection Fort Pierce IMP Implementation Home Consortium FHFC Hurricane Housing Recovery Pla County Capital County Capital-Transportation Bond FHWA Angle Rd Sidewalk & Signalizat Sanitary Landfill Fund Golf Course Fund 256, 966.93 22,507.00 53,507.09 18,236.00 363.96 512.00 8, 962.82 5, 915.32 18,713.09 23,181.58 7,699.51 16,754.02 5, 630.49 31,444.67 5,469.62 175,000.00 137.70 53,431.28 6,877.41 16, 626.66 562.50 181.35 35.00 2,898.38 618.61 182.50 1, 049.97 123,977.43 45,533.00 64,445.00 773.60 4,208.17 298,139.89 36,957.45 61.86 185.63 3,305.07 80.00 839.43 18,435.24 31,519.52 1,247.00 42,418.00 48,091.16 2,040.00 10,575.09 470,891.82 6, 341 . Ol PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 10/08/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #54- O1-OCT-2009 TO 08-OCT-2009 FUND SUMMARY FUND TITLE 451 S. Hutchinson Utilities Fund 461 Sports Complex Fund 471 No County Utility District-Operatin 479 No Cty Util Dist-Capital Facilities 491 Building Code Fund 505 Health Insurance Fund 505001 Property/Casualty Insurance Fund X25 Law Library X65 SLC Art in Public Places Trust Fund 301 Bank Fund EXPENSES 5.00 13,109.35 37,507.56 19,067.50 657.59 90,910.57 4,111.24 18,233.77 1,641.58 1, 333.32 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 1,306.96 0.00 0.00 0.00 0.00 GRAND TOTAL: 2,130,108.31 1,306.96 10/06/09 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST # 1- O1-OCT-2009 TO 05-OCT-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 2,285,124.00 0 00 001113 CDBG Supp Disaster Recovery Subgran 211.64 . 0 00 001180 US Dept Housing HUD Shelter Plus Gr 100.35 . 0.00 001188 Section 112/MPO/Fhwa/Planning 2007 804.29 0.00 001442 FCTD Planning Grant Agreement 28.06 0.00 001501 CSBG 2008-2009 Dept of Health and H 339.67 0.00 101 Transportation Trust Fund 2,855.32 0.00 101002 Transportation Trust/80% Constitut 3,315.82 0.00 101003 Transportation Trust/Local Option 949.76 0.00 101004 Transportation Trust/County Fuel Tx 1,236.44 0.00 102 Unincorporated Services Fund 5,656.16 0.00 102001 Drainage Maintenance MSTU 370.20 0.00 102809 Paradise Park Phase 2 SFWMD 734.52 0.00 107 Fine & Forfeiture Fund 4,015,401.78 0.00 107001 Fine & Forfeiture Fund-Wireless Sur 85.61 0.00 107002 Fine & Forfeiture Fund-E911 Surchar 85.62 0.00 107006 F&F Fund-Court Related Technology 643.20 0.00 107205 Juvenile Justice & Delinquency Prev 158.79 0.00 129 Parks MSTU Fund 922,356.50 0.00 130 SLC Public Transit MSTU 161.13 0.00 140 Airport Fund 1,090.08 0.00 140001 Port Fund 11,260.00 0.00 150 Impact Fee Collections 114.61 0.00 160 Plan Maintenance RAD Fund 224.34 0.00 183 Ct Administrator-19th Judicial Cir 221.66 0.00 183004 Ct Admin.- Teen Court 394.13 0.00 185009 FHFA SHIP 2007/2008 1.28 0.00 185010 FHFA SHIP 2008/2009 149.60 0.00 189100 Home Consortium 100.34 0.00 189201 FHFC Hurricane Housing Recovery Pla 2,001.79 0.00 210 Impact Fees I&S 111,479.98 0.00 215 Sales Tax Revenue Bonds I&S Fund 3,422,028.13 0.00 216 County Capital I&S 853,053.26 0.00 217 State Revenue Sharing Bonds I&S Fnd 713,381.26 0.00 282 Environmental Land I&S Fund 1,432,205.00 0.00 401 Sanitary Landfill Fund 4,175.65 0.00 418 Golf Course Fund 1,538.63 0.00 451 S. Hutchinson Utilities Fund 245.46 0.00 458 SH Util-Renewal & Replacement Fund 39.56 0.00 461 Sports Complex Fund 1,218.98 159.68 471 No County Utility District-Operatin 658,167.62 0.00 478 No Cty Util Dist-Renewal & Replace 96.93 0.00 479 No Cty Util Dist-Capital Facilities 110.05 0.00 491 Building Code Fund 2,461.62 0.00 505 Health Insurance Fund 1,699.16 326.74 505001 Property/Casualty Insurance Fund 984,145.00 0.00 611 Tourist Development Trust-Adv Fund 150.91 0.00 625 Law Library 720.00 0.00 10/06/09 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST # 1- O1-OCT-2009 TO 05-OCT-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 630 Tax Deed Overbid Agency Fund 1,558.52 0.00 655 Insurance Agency Fund 109,350.00 0.00 801 Bank Fund 205,885.09 0.00 GRAND TOTAL: 15,759,887.50 486.42 10/12/09 FZABWARR FUND TITLE 001 001113 101002 101003 101004 102 102001 103 107 107001 111 112 113 114 115 116 117 118 119 120 121 122 123 126 129 130 136 138 139 242 282 318102 401 471 505 611 625 ST. LUCIE COUNTY - BOARD WARRANT LIST #2 - 09-OCT-2009 TO 12-OCT-2009 FUND SUMMARY EXPENSES General Fund CDBG Supp Disaster Recovery Subgran Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Law Enforcement MSTU Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sheraton Plaza Fund Sunland Gardens Fund Sunrise Park Fund Paradise Park Fund Holiday Pines Fund The Grove Fund Blakely Subdivision Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting Parks MSTU Fund SLC Public Transit MSTU Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Port I&S Fund Environmental Land I&S Fund FHWA Angle Rd Sidewalk & Signalizat Sanitary Landfill Fund No County Utility District-Operatin Health Insurance Fund Tourist Development Trust-Adv Fund Law Library GRAND TOTAL: 2, 317, 970.51 2,400.00 176.08 58.50 139.52 11,616.09 12,749.02 8,719.27 165,495.35 2, 384.00 82.21 18.79 8.13 14.26 17.23 19.61 7.05 26.74 30.97 7.31 6.07 32.37 16.20 7.50 15,009.33 5,405.34 51.84 12.06 21.38 1, 009.28 3, 007.83 72,395.73 1,743.00 1,256.71 208,135.44 8,250.00 64.95 2,838,365.67 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 10/12/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #2 - 09-OCT-2009 TO 12-OCT-2009 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 13,051.73 GRAND TOTAL: 13,051.73 PAGE 1 PAYROLL 0.00 0.00 AGENDA REQUEST CC3CI NTY E L D R I D A TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-1 DATE: October 13, 2009 REGULAR [] PUBLIC HEARING [J CONSENT [XXJ PRESENTED BY. SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Authorization to enter into an Impact Fee Payment Agreement with Vivin Thompson and Sheena Sigsworth for delinquent Impact Fees pursuant to Resolution No. 09-114. BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the attached Impact Fee Payment Agreement with Vivia Thompson and Sheena Sigsworth and authorize the Chair to sign the Agreement ns drafted by the County Attorney's office. COMMISSION ACTION: [~ APPROVED [)DENIED [ ]OTHER: Approved 5-O County Attorney: Daniel 5. McIntyre Originating Dept. Finance: (Check for copy only, if applicable) CONCURRENCE: ~ ~ Faye W. Outlaw, MPA County Administrator Review and Approvals Management & Budgef_ Public Works; /i ~' ,i Public Works Dirk County Eng.: r(C Chris Lestrange Eff. 5/96 INTER-OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO: 09-1175 DATE: September 16, 2009June 23, 2009 SUBJECT: Authorization to enter into nn Impact Fee Payment Agreement with Vivia Thompson and Sheena Sigsworth for delinquent Impact Fees pursuant to Resolution No. 09-114. BACKGROUND: St. Lucie County has adopted ordinances establishing impact fees so as to assure that new development bents a proportionate share of the cost of capital expenditures necessary to provide public buildings, roads and parks in St. Lucie County. On September 6, 2005, the Board of County Commissioners approved Ordinance No. 05-030 which provided for an alternative method for collection of impact fees for public buildings, roads and parks. The alternative collection mechanism provided for the County to serve an Impact Fee Statement notice upon the Fee Payer. If the impact fees were not paid and became delinquent, the County served a Notice of Lien upon the Fee Payer and the Owner. The Notice of Lien advised that upon failure to pay the impact fees, the County would record a Claim of Lien with the Clerk of the Circuit Court. Once recorded, the Claim of Lien constituted a lien against the property. On February 3, 2009, the Board of County Commissioners granted permission for the County Attorney to file suit to foreclose said lien(s). It has been requested by Fee Payers to enter into a payment plan to pay the unpaid principal balance, accrued interest, late charges and other default-related costs recoverable under the terms of the Lien. Resolution No, 09-114 allows the Board of County Commissioners to enter into a payment plan with the delinquent fee payer. Such payment schedule shall be in conformity with the following guidelines: A) The terms of the Payment Schedule must be included within a binding Agreement between St. Lucie County and the Fee Payer. B) The Fee Payer shall agree to pay equal monthly payments for a term not to exceed 18 months beginning the month following execution of the Agreement. Payments shall be calculated on a calendar day basis, until paid in full, using the total impact fees, plus the delinquency fee and interest set at the statutory rate for final judgments. An amortization table shall be attached to the Agreement. C) In the event that an action in bankruptcy, mortgage foreclosure or any other interests in the Innd is instituted, then the full amount of the impact fee shall immediately be due and the County will be authorized to protect any interest that it has in that property. D) Monthly payments will only be accepted for the agreed amount. However, nothing shall prohibit paying the entire balance due at any time during the 18 month term. E) The lien imposed upon the property for the payment of the delinquent impact fees shall remain in place and shall not be released until all impact fees and delinquency fees are paid in full; F) In consideration for the Agreement authorizing the payment of impact fee under a schedule, the Fee Payer shall waive any rights they may have under the statute of limitations or any other law for the institution of an action for the foreclosure of the lien. Vivia Thompson and Sheena Sigsworth of 4852 N.E. Ever Road, Port St. Lucie, have asked for your consideration to enter into the Impact Fee Payment Agreement, Their payment would be 184,87 for 18 months for a total of $3,327.66. ~, RECOMMENDATION/CONCLUSION Staff recommends that the Board approve the attached Impact Fee Payment Agreement with Vivia Thompson and Sheena Sigsworth and authorize the Chair to sign the Agreement as drafted by the County Attorney's office. Respectfully submitted, ~~ Katherine Mackenzie-Smith Assistant County Attorney KMS/caf Attachments IMPACT FEE PAYMENT AGREEMENT PARTIES. "Thompson/Sigworth" means "Vivia Thompson and Sheena Sigsworth" and their successors and assigns. "County" means St. Lucie County, a political subdivision of the State of Florida, and its successors and assigns. 2. IMPACT FEE LIEN. On March 12, 2009, the County recorded a Claim of Lien for failure of impact fees to be paid. 3. PROMISE TO PAY. Thompson/Sigsworth promise to pay the principal sum of $3,102.00 plus interest fees and cost for a total of $3,327.66. Interest will continue to accrue on this amount until paid in full. Thompson/Sigsworth agree that the impact fees due are valid and enforceable against the property. 4. MANNER OF PAYMENT. A. On or before the fifth day of each month, Thompson/Sigsworth shall pay $184.87 dollars to the County. B. Payment shall be made at the office of Code Compliance, 2300 Virginia Avenue, Fort Pierce, Florida, 34982, or at such other place as the County may designate in writing to Thompson/Sigsworth. 5. RIGHT TO PREPAY. Thompson/Sigsworth have the right to pay the entire debt evidenced by the Agreement, prior to the dates set forth above in paragraph 4, Monthly payments will only be accepted for agreed amount. 6. FAILURE TO PAY/SALE OF PROPERTY A. If Thompson/Sigsworth default by failing to pay in full any payment required hereunder, the County may require immediate payment in full of the balance remaining due. The County may choose not to exercise this option without waiving its rights. B. If Thompson/Sigsworth sell the Property, the County will require immediate payment in full of the balance remaining due. 5 \ATTY\AGREEMNT\Thompson-Sigworth Impact Fee.wpd Page 1 of 3 C. If the County has required immediate payment in full, as described above in paragraph 3, the County may require Thompson/Sigsworth to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this note. D. County may foreclose the liens and this Agreement without further notice. E. County may exercise all other rights available to it under written agreement or applicable law. County's rights are cumulative and may be exercised together, separately, and in any order. 7. WAIVERS. Thompson/Sigsworth and any other person who has obligations under this Agreement waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the County to demand payments of amount due. "Notice of dishonor" means the right to require the County to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES. Unless applicable law requires a different method, any notice that must be given to Thompson/Sigsworth under this Agreement will be given by delivering it or by mailing it by first class mail to Thompson/Sigsworth at 4832 NW Ever Rond, Port St. Lucie, Florida 34983, or at a different address if Thompson/Sigsworth have given the County written notice of a different address. Any notice that must be given to County under this Agreement will be given by first class mail to the County at the address stated in paragraph 4.B, or at a different address if Thompson/Sigsworth is given a notice of that different address. BY SIGNING BELOW, the parties accept and agree to the terms and covenants contained in this Agreement. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COVNTY, FLORIDA BY: __ Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 5:\ATTY\AGREEMNT\Thompson-Sigworth Impact Fee.wpd Page 2 of 3 WITNESSES: WITNESSES: VIVIA THOMPSON BY: Print Nnme. SHEENA T. SIGSWORTH BY: Print Nnme: 5:\ATTY\AGREEMNT\Thompson-Sigworth Impact Fee.yvpd Page 3 of 3 IMPACT FEE PAYMENT AGREEMENT Address 5040 NW Flintstone Ave Public Building -Correction $ 248.16 Tax ID number 342 0-715-0350-0005 Public Building -Other $ 127.84 Permit number 080 1133 Parks $ 494.00 Road $ 2,232.00 $ 3,102.00 10% Deli nquency fee Loan amount ', $ 3,102.00 li $ 3,102.00 Annual interest rate C 9.00% Interest Loan period in years 1.5i~ Recording fees Start date of loan 10/1/2009, Loan am ount $ 3,102.00 Monthly payment $ 184.87 Number of pay ments 18 ~ Total payment ', _$ 3,327.66 Payment Beginning Monthly No. Date Balance Payment Principal Interest Ending Balance Payoff Amount - - -- 1 11/1/2009 $ - 3,102.00 = - $ 184.87 $ 161.61 $ 23.27 $ 2,940.39 $ 3,125.27 2 12/1/2009 $ 2,940.39 $ 184.87 $ 162.82 $ 22.05 $ 2,777.57 $ 2,962.45 3 1/1/2010 $ 2,777.57 $ 184.87 $ 164.04 $ 20.83 $ 2,613.53 $ 2,798.41 4 2/1/2010 $ 2,613.53 $ 184.87 $ 165.27 $ 19.60 $ 2,448.26 $ 2,633.14 5 3/1/2010 $ 2,448.26 $ 184.87 $ 166.51 $ 18.36 $ 2,281.75 $ 2,466.63 6 4/1/2010 $ 2,281.75 $ 184.87 $ 167.76 $ 17.11 $ 2,113.99 $ 2,298.87 7 5/1/2010 $ 2,113.99 $ 184.87 $ 169.02 $ 15.85 $ 1,944.98 $ 2,129.85 8 6/1/2010 $ 1,944.98 $ 184.87 $ 170.28 $ 14.59 $ 1,774.69 $ 1,959.56 9 7/1/2010 $ 1,774.69 $ 184.87 $ 171.56 $ 13.31 $ 1,603.13 $ 1,788.00 10 8/1/2010 $ 1,603.13 $ 184.87 $ 172.85 $ 12.02 $ 1,430.28 $ 1,615.15 11 9/1/2010 $ 1,430.28 $ 184.87 $ 174.14 $ 10.73 $ 1,256.14 $ 1,441.01 12 10/1/2010 $ 1,256.14 $ 184.87 $ 175.45 $ 9.42 $ 1,080.69 $ 1,265.56 13 11/1/2010 $ 1,080.69 $ 184.87 $ 176.77 $ 8.11 $ 903.92 $ 1,088.79 14 12/1/2010 $ 903.92 $ 184.87 $ 178.09 $ 6.78 $ 725.83 $ 910.70 15 1/1/2011 $ 725.83 $ 184.87 $ 179.43 $ 5.44 $ 546.40 $ 731.27 16 2/1/2011 $ 546.40 $ 184.87 $ 180.77 $ 4.10 $ 365.63 $ 550.50 17 3/1/2011 $ 365.63 $ 184.87 $ 182.13 $ 2.74 $ 183.50 $ 368.37 18 4/1/2011 $ 183.50 $ 184.87 $ 183.50 $ 1.38 $ - $ 184.87 Printed: 9/16/2009 AGENDA REQUEST ~ O C.i NT Y F C ~ R I D A TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. ~~ i -l~ Z DATE: October 13, 2009 REGULAR [] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: Katherine MacKenzie-Smith Assistant County Attorney SUBJECT: Authorization to Enter into an Impact Fee Payment Agreement with Norman and Ophelia Mc~aniels for delinquent Impact Fees pursuant to Resolution No. 09-114 BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: See attached memorandum RECOMMENDATION: Staff recommends that the Board approve the attached Impact Fee Payment Agreement with Norman and Ophelin McDaniels and authorize the Chair to sign the Agreement as drafted by the County Attorney's office. COMMISSION ACTION: ~ APPROVED [ ]DENIED [ ]OTHER: Approved 5-O CONCURRENCE ' ~ ~ Faye W. Outlaw, MPA County Administrator Review and Approvals ,'"~~ County Attorney: '~ ` Management & Bud Purchasing: _ Daniel S. McIntyre Originating Dept. Public Works Di County Eng.: Christo h L ange INTER-OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO: 09-1257 DATE: September 28, 2009 SUBJECT: Authorization to enter into an Impact Fee Payment Agreement with Norman and Ophelia McDaniels for delinquent Impact Fees pursuant to Resolution No. 09-114. BACKGROUND: St. Lucie County has adopted ordinances establishing impact fees so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide public buildings, roads and parks in St. Lucie County. On September 6, 2005, the Board of County Commissioners approved Ordinance No. 05-030 which provided for an alternative method for collection of impact fees for public buildings, roads and parks. The alternative collection mechanism provided for the County to serve an Impact Fee Statement notice upon the Fee Payer. If the impact fees were not paid and became delinquent, the County served a Notice of Lien upon the Fee Payer and the Owner. The Notice of Lien advised that upon failure to pay the impact fees, the County would record a Claim of Lien with the Clerk of the Circuit Court. Once recorded, the Claim of Lien constituted a lien against the property. On February 3, 2009, the Board of County Commissioners granted permission for the County Attorney to file suit to foreclose said lien(s). It has been requested by Fee Payers to enter into a payment plan to pay the unpaid principal balance, accrued interest, late charges and other default-related costs recoverable under the terms of the Lien. Resolution No. 09-114 allows the Board of County Commissioners to enter into a payment plan with the delinquent fee payer. Such payment schedule shall be in conformity with the following guidelines: A) The terms of the Payment Schedule must be included within a binding Agreement between St. Lucie County and the Fee Payer. B) The Fee Payer shall agree to pay equal monthly payments for a term not to exceed 18 months beginning the month following execution of the Agreement. Payments shall be calculated on a calendar day basis, until paid in full, using the total impact fees, plus the delinquency fee and interest set at the statutory rate for final judgments. An amortization table shall be attached to the Agreement. C) In the event that an action in bankruptcy, mortgage foreclosure or any other interests in the land is instituted, then the full amount of the impact fee shall immediately be due and the County will be authorized to protect any interest that it has in that property. D) Monthly payments will only be accepted for the agreed amount. However, nothing shall prohibit paying the entire balance due at any time during the 18 month term. E) The lien imposed upon the property for the payment of the delinquent impact fees shall remain in place and shall not be released until all impact fees and delinquency fees are paid in full; F) In consideration for the Agreement authorizing the payment of impact fee under a schedule, the Fee Payer shall waive any rights they may have under the statute of limitations or any other law for the institution of an action for the foreclosure of the lien. Norman and Ophelia McDaniels of 3250 SW Esperanto Street, Port St. Lucie, Florida 34953 have asked for your consideration to enter into the Impact Fee Payment Agreement. Their payment would be $184.87 for 18 months for a total of $3327.66. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the attached Impact Fee Payment Agreement with Norman and Ophelia McDaniels. and sign the Agreement as drafted by the County Attorney's Office. Respectfully submitted, KMS/caf Attachment ~l~ Katherine Mac enzie-Smith Assistant County Attorney i. IMPACT FEE PAYMENT AGREEMENT 1. PARTIES. "McDaniels" means "Norman and Ophelia McDaniels" and their successors and assigns. "County" means St. Lucie County, a political subdivision of the State of Florida, and its successors and assigns. 2. IMPACT FEE LIEN. On July 3, 2008, the County recorded a Claim of Lien for failure of impact fees to be paid. 3. PROMISE TO PAY. McDaniels promises to pay the principal sum of $3,102.00 plus interest fees and cost for a total of $3,327.66. Interest will continue to accrue on this amount until paid in full. McDaniels agrees that the impact fees due are valid and enforceable against the property. 4. MANNER OF PAYMENT. A. On or before the fifth day of each month, McDaniels shalt pay $184.87 dollars to the County. B. Payment shall be made at the office of Code Compliance, 2300 Virginia Avenue, Fort Pierce, Florida, 34982, or at such other place as the County may designate in writing to McDaniels. RIGHT TO PREPAY. McDaniels has the right to pay the entire debt evidenced by the Agreement, prior to the dates set forth above in paragraph 4. Monthly payments will only be accepted for agreed amount. 6. FAILURE TO PAY/SALE OF PROPERTY A. If McDaniels defaults by failing to pay in full any payment required hereunder, the County may require immediate payment in full of the balance remaining due. The County may choose not to exercise this option without waiving its rights. B. If McDaniels sells the Property, the County will require immediate payment in full of the balance remaining due. C. If the County has required immediate payment in full, as described above in paragraph 3, the County may require McDaniels to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this note. D. County may foreclose the liens and this Agreement without further notice. County may exercise all other rights available to it under written agreement or applicable law. County's rights are cumulative and may be exercised together, separately, and in any order. H:\Impact FeesU4cDaniels-impact fee agreemenLwpd Page 1 Of 2 ... 7. WAIVERS. McDaniels and any other person who has obligations under this Agreement waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the County to demand payments of amount due. "Notice of dishonor" means the right to require the County to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES. Unless applicable law requires a different method, any notice that must be given to McDaniels under this Agreement will be given by delivering it or by mailing it by first class mail to McDaniels at 3250 SW Esperanto Street, Port St. Lucie, Florida 34953 or at a different address if McDaniels has given the County written notice of a different address. Any notice that must be given to County under this Agreement will be given by first class mail to the County at the address stated in paragraph 4. B, or at a different address if McDaniels is given a notice of that different address. BY SIGNING BELOW, the parties accept and agree to the terms and covenants contained in this Agreement. ATTEST: Deputy Clerk WITNESSES; WITNESSES: H:\Impact Fees`~McDaniels-impact fee agreemenLwpd BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney NORMAN McDANIELS BY: Print Name: OPHELIA McDANIELS BY: Print Name: Page 2 of 2 w IMPACT FEE PAYMENT AGREEMENT No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Address 2913 SE CATES CIR Public Building -Correction S 248.16 Tax ID number 3422-540-0272-0001 Public B uilding - Other $ 127.84 Permit number 0803000 Parks $ 494.00 Road $ 2,232.00 $ 3,102.00 10% Deli nquenc y fee Loan amount I $ 3,102.00 ' S 3,102.00 Annual interest rate -__ __ 9.00% Interest Loan period in years 1.5 Recording fees Start date of lo an 10/1/2009' Loan amount $ 3,102.00 Monthly payment ~ $ 184.87 Number of pay ments 18 Total payment $ 3,327.66 J Payment Beginning Monthly Date Balance Payment Principal Interest Ending Balance Payoff Amount 11/1/2009 $ 3,102.00 S 184.87 $ 161.61 $ 23.27 $ 2,940.39 $ 3,125.27 12/1/2009 $ 2,940.39 $ 184.87 $ 162.82 $ 22.05 $ 2,777.57 $ 2,962.45 1/1/2010 $ 2,777.57 $ 184.87 $ 164.04 $ 20.83 $ 2,613.53 $ 2,798.41 2/1/2010 $ 2,613.53 $ 184.87 $ 165.27 $ 19.60 $ 2,448.26 $ 2,633.14 3/1/2010 $ 2,448.26 $ 184.87 $ 166.51 $ 18.36 $ 2,281.75 $ 2,466.63 4/1/2010 S 2,281.75 $ 184.87 $ 167.76 $ 17.11 $ 2,113.99 S 2,298.87 5/1/2010 $ 2,113.99 $ 184.87 $ 169.02 $ 15.85 $ 1,944.98 $ 2,129.85 6/1/2010 $ 1,944.98 $ 184.87 $ 170.28 $ 14.59 $ 1,774.69 $ 1,959.56 7/1/2010 $ 1,774.69 $ 184.87 $ 171.56 $ 13.31 $ 1,603.13 $ 1,788.00 8/1/2010 $ 1,603.13 $ 184.87 $ 172.85 $ 12.02 $ 1,430.28 $ 1,615.15 9/1/2010 $ 1,430.28 S 184.87 $ 174.14 $ 10.73 $ 1,256.14 $ 1,441.01 10/1/2010 $ 1,256.14 $ 184.87 $ 175.45 $ 9.42 $ 1,080.69 S 1,265.56 11/1/2010 $ 1,080.69 S 184.87 $ 176.77 $ 8.11 $ 903.92 $ 1,088.79 12/1/2010 $ 903.92 $ 184.87 S 178.09 $ 6.78 $ 725.83 $ 910.70 1/1/2011 $ 725.83 $ 184.87 $ 179.43 S 5.44 $ 546.40 $ 731.27 2/1/2011 $ 546.40 S 184.87 $ 180.77 $ 4.10 $ 365.63 $ 550.50 3/1/2011 $ 365.63 $ 184.87 $ 182.13 $ 2.74 $ 183.50 $ 368.37 4/1/2011 $ 183.50 $ 184.87 S 183.50 $ 1.38 $ - $ 184.87 Printed: 10/2/2009 Page 3 of 3 ~ _ AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-3 Date: October 13, 2009 Regular [ J Public Hearing [ J Consent [X J PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Treasure Coast Education, Research and Development Authority - OF/IFAS Weather Station Site Memorandum of Understanding BACKGROUND: See C.A. No. 09-1205 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the proposed Memorandum of Understanding for the relocation ofthe OF/IFAS Weather Station, and authorize the Chair to sign the Memorandum of Understanding. COMMISSION ACTION p~ APPROVED [ J DENIED [ J OTHER: Approved 5-O Ccunty Attorney: Originating Dept.: ;~ _, ~. Daniel 5. McIntyre CONCURRENCE: ~~~` ~ Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures Mgt. & Budget: Purchasing: Other: Other: Fincnce (Check for Copy only, if applicable): INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 09-1205 DATE: September 21, 2009 SUBJECT: Treasure Coast Education, Research and Development Authority - UF/IFAS Weather Station Site Memorandum of Understanding BACKGROUND: Attached to this memorandum is a copy of a proposed Memorandum of Understanding ("MOU") with the University of Florida Board of Trustees, the Treasure Coast Agricultural Research Foundation, Inc., the Treasure Coast Education, Research, and Development Authority ("Authority") for the relocation of the OF/IFAS Weather Station Site ad jncent to the Treasure Coast Research Park. In 1949; the County and the Board of Trustees entered into a lease agreement -for certain property including the Weather Station Site. In 1996, the Board of Trustees assigned its interest in the lease to the Foundation. The Foundation has in turn subleased the Weather Station site to the University of Florida and IFAS. In conjunction with the development of the Treasure Coast Research Park, the MOU provides for the OF/IFAS to relocate the Weather Station at such time as they obtain sufficient funding for the project which is currently estimated to be one hundred twenty thousand and 00/100 dollars ($120,000.00). Upon relocation of the Weather Station, the parties will terminate the related subleases and the Board and the Authority will amend their lease to add the former Weather Station site to the leased premises. RECOMMENDATION/CONCLUSION Staff recommends the Board of County Commissioners approve the proposed Memorandum of Understanding for the relocation of the OF/IFAS Weather Station, and authorize the Chair to sign the Memorandum of Understanding. Respectfully submitted, ~~-.~, n..,,_ ~• Heather Young Assistant County Attorney Attachment HY/ Copies to. County Administrator Research Park Executive Director Property Acquisitions Manager UFIIFAS WEATHER STATION SITE MEMORAN©UM OF UNC3ERSTANDING Tl-fiS UFIIFAS WEATHER STATION SITE MEMORANDUM OF UNDERSTANdING entered into as cif the 15th day of Oc#ober, 2003 ('Effective Date"} by and between tl7e ~.~'ni~,~ers=t~,~ of Flarda Soarr3 of Trustees ran behalf of the institute of Fcc~~i anc+ Agricultural ~c;en{yes and the Indian River Research and Education Center ~"UFiIFAS"}, the Tr~:asure Coast ,~gricuiturai Research Foundation, inc., a Florida corparatian not far profit ("Foundation"}, the. Treasure Coast Education, Research and Development Authority, a local governmental body corporate and' politic {:'Authority°} ar7d the Baird of C.;auntyt Cc~mrrissianers of S#. Lucie Caun#y, Florida (°[3oard")- 'JViThtESSETH: V~J~-IEREAS, the Board is the record title haiderlo~vner of the folloLVina described real prapert4°: y A parcel of Land lying in Section 14, T-35-S, R-39-E, St. Lucite County, Florida, said parcel being mare particularly described as foilouvs. The South 1030' feet of the ~1Vest 590" feet of the East 2,!<: ref the Southeast 1!4 of Section 14, T-35-S, R-30-E, St, Lucie County, Florida. Less and except the South 00` feet far canal and road right of ~^~a~~r. Said parcel containing 12.73 acres mare or less. Bearing Base: the South lino of Section 14, T-35•S. R-3g-E is taken to bear N 39"46'10" E and ail other bearings are relative thereto. {'~~JF~'IFAS ~J~leather Station Site") and t~'v HERE,AS> the Board is also the retard title hailer/owner of the fc~tlowing described real property: I~UNN PARCEL Tracfi 1: The l~l',~41 1/4 of the CIE 1l4 of Section 14, Township 35 South, Range 39 East, less the ',Jest 10 feet and less the North 53 #e€t and a parcel of land lying In the NE 114 of Section 1~, Tc~yvvnship 35 South, Range 3g East, described as failows: From the 1!4 corner of the North line of said Section 1 ~. run South 0"43`30" East clang the 1l4 line a distance of 53.0 feet to a paint an the South right of ~~vay line of Canal #46 of the Itiarth St. Lucie River G~ruin~~c~e C~istrii,t; then run~~iorth Sg'~g'S5" Eas' Tong said right of tivay line a dist~:nc;e of 1 1 E:~ fLet to the point of beginning; thence continue P~orth 3g` 4a'S5" East along said rich: of .~t~,•~ lino a distance of 7t),;J4 feet; ther;ce run South 10 1~'S5' V'Jest a distancr~ of 36E~.35 feet. to a point c7n the East right cif tivay lire of Co;Midge Road, said pt~int being 1i) ft et l~erl,erdit.~lar distance from the 1.J~ Sec;tion line; thence North OC)"~3' 3t~" V~Jest along saic< East right of u;+ay line a distance of 3~~-~ feet to the point of beginning, St. Lucie County-. ~It~rctr:. Tract ~~: Tice ~Ji= 1;'~ ref tt~e NE 1,~ of Section 1~, Tta~,r~nship 35 South, Range 3~ East. EXCE1='TING ther~afr~or~ rights of ~,vay for public roads and drainage canals. said land lying and being in St, t..uclie County, Florida. _i_~'aCt #~3: The E ' ; of tl~e S'v"+1 1 ~~ of the NE 1l~ of Section.. 1~, To~yvnship 3~ South, Ranee 3~ East.. I...ESS the North ~?E;3 feet of the South 353 feet, :AND the SE 1;~ of the NE 1!~ of Section 1 ~_t, "l"-f;~LA~nshi~~ 35 Sr~uth, Mango ?+g East,. less the North 263 feet of the Sr~uth 353 fef~t. ar~ct the SE 1i'~ of the NE 1f'~ of Section 1~, Township 35 South. Range 3g East, less road and canal rights-of-~,vay, cr~ntaining 53.; 5 acres, r~nore or less. Al~lD N~~SJ 1/~ cf the 5~1~ 1i~ of the NE 1,'~ of Section 14, Township 35 South, Range 3g East. ? ES the ~~'hest 1 t? feet for road right-of-v~ay, cor~tainirg 1 U.59 acres, more or less. LESS ,AND EXCEPT: A parvol of land located ire Section 1~. Township 35 South, Range 39 East, St. Lucie Couroty, 1=lorida; saki parcel being more particularly described as follokvs: The I'~Ic~rt~b =11' `eet of the South g~C~' feet of the Southeast 14 of the Northeast 1,'4t cif said Section 1 ~, To^,~~nship 3~ South, Range 3g East, St. Lucie County, Florida, less and except the East 1C1:~' feet for Dana) and road right of ~vay. Al'al7 ~-~t.SC~ _ESS ANC1 EXCEf~T: A l~ irr:r,~' f rrsd l:~r,r~teti €r; Sr:c'ion 1=~, Ta~vr~shili ~;~ South, Range 3~ EG-~st, St. L-ui;ie Cc~ur~ty, Fioriric:; said ~.~arcel being rrrore particular)}- described as follows: ~„>;~r7r~~Yr~ce at the 5;:~utheast ~~r}rr~er ;~f the NE 1 `~ of Se{:;tiort 1~, To~°rrtst~il'~ 35 Sr:}uth, ~' it ~ ~ E~~st; thr-once S 3g 4~„~iJ„ `v^~~ along the sout`~ line of the Nr~artheast 1~'4 a dist~,r~ce a~f `~i'~.(~3~' fc;et: thence N r,~{~ 1' ~';i4'" l~l' a dist~~ncE~ of S~rJ.OC~' feet to the Paint of Beginning; ., thence S 8g 44'E~`" l~^~a' a distance of 2~O.CtU' fiat: therFce N 00 1 x'34" 1N ~ distance of a15,~0' feet, thence N ~'a~44'2~" ~ a distance of 208.00' feet; thence S g0"1 x'34" E a distance of 31 ~.rJO' feet to the Paint of Beginning. HzJ~ ,~LS~ LFSS ~~dD EXCEPT: The hlarth 1 °8.44 feet of the South 542.44 feet of the East -% of the Southwest 1:~4 of the l~Jc~rthea-~t 1,'4 l~~ing and being in Sectian ~~, Tc~r~nship 35 South, Range 3g East,. St. Lucie County, Florida. BOLIN PARCEL Pt~RCFL 1: The East 1 ~.~ acres of the Sauth~}pest 1 i4 of the Sauthv~r~;st 114 of Sectian 11, TQ~vnshi~ 3 South, Range 30 !Test, St. Lucie County, Flarida, less rights-t~f-vvay fdr public reads and' drainage canals. P.~,RCEL 2: The L~Jest 14.17 acres of the East 2~ acres of the Southwest 114 of the Southwest 1,!4 of Sectian 11, Tawnsi~ip 35 South, Range 30 East, St. Lucie County, Florida, less rights-af- way tar public reads and drainage canals. Pi~RCEL 3: The Southwest 1 ~~t of the Sauth~^eest 1,'~s =af Sectian 11, Ta4vnship ;~5 South, Range 3g East., St. Lucie County, Florida. less rights-af-way far public rands anti drainacde canals and further less anal except the East 23 acres therecsf. PARCEL 4: The P*iortl? 1 J0 feet of that. parcel described as the South '~~ cf the South .l.` of Sectian 10, Township 35 South, Range 39 East, lying East of the Sunshine State Parkway; said lands lying and being in St. Lucie County, Flarida, excepting therefrom all rights-of-wayfar public reads and drainage canals.. PARCEL 5: The Scauth ',P~ of the South ' {~ of Section i 0, Tax~~~nship 35 South, Range 30 Fast., lying East of the Sunshine State Parkway: said lands (~f~ing and being in St. Lucie County, Flarida. excepting therefrorr~ al! rights-of-tivay far pukflic roads and drainage canals: less and excepting therefrom the North 100 fret thereof, -3- QONES PARCEL The South 1260,37 feet of tho} L^vr~:st ~,%z, of tt~e Southeast 1r4, of the South rest 1,%4. of Section 1 1, Township 35 South, Flange 39 East, St. Lucie County, Florida. LESS A'~ll~ EXCEPT thr~ SoutF~ 55.50 feet for drainage rights-of-~;vay. tFAS PARCEL The S€~~;th 251.ZG feet of the NE 1 ~4 of the SE 1 f4 of the NiIV 1 {4 and the SE 1I4 of the SE 1 t4 ~;Ff the tiL~"J 114 ref Sect=on 14, To~,~~nshi;~ 35 South, Range 39 East. Less c~nd exc€~~t the East 70.00 Fe>~t thereof for `Rock Road" ,' :`Ceo(idc~e Road" r=.ght of ~vay and less and c;xcEpt the S~~uth 90.090 Feet thereof for ''Picas Road" right of way. HISTORIC POOR FARM PARCEL The East ha€f cf the Southeast quarter, and the South half of the Southeast quarter of the C~loriheast quarter of Section Fourteen {14j, Township Thirty-fi~,~e (35} S. and Range Thirty- nine {39~ East containing one hundred acres, rr~ore ar less.. LESS A~~ EXCEPT TNEREFRO~r1: UNIVERSITY OF FLORIDA - IFAS WEATHER STATION SITE :;parcel of land lying in Section 14, T-35-S, R-39-E, St. Lucie County, F€orida, said parcel beinct mare particularly described as follovrs: T he South 1 t~30` feet of the ~~Iest 590' feet of the East 1.`2 of the Southeast 1.'4 of Section 14, T-35-S, R-39-E, St. Lucie County, Florida. ess :~n~l except the S{~uth `;~0' feet far canal and road right of ~~fay. S~~id parcel containing 12.73 acres more or less. c~earine~ base: the South line of Section 14. T-35-S, R-39-E is taken to bear N 89-'46`1 n,a E ~~n~: ail c_~ther bearings ~zre relati~~~e thereto and Faric~r conveyances for read right-cif-way and drainage purposes. 4coltectively, the "2C9G6~ BoardLAuthority Lease Parcel"~ n;~ . 4 v~^~JNEREAS, tha Board has leased to the Authority the 20Q6 I~oardr'~uthority Lease R.~rcei pursuant to the terms and provisions of that LEASE AGREEMENT, dated March ~8, ~5t~4~ ("Bn~riat"Authority Lease Agreement"}; and WHEREAS, the Board and the State Board of Education of Florida entered into the fallos.~ring described instrument: LEASE AGREEMENT between St. Lucie County, a political subdivision of the State of Florida, as "Lessor" and the State Board of Education of Florida.. as "Lessee", dated June 28, ~ 945, retarded July ~, 1949 in Deed Back 150 ~,t Page 155 of the Public Records of St. Lucie County, Florida "BoardlState Lease Agreement"} whereby tl°~e UF1lFAS V~eather Station Site, along with other real property, was leased by the. Board to the State Baard of Education of Florida for automatically renewing periods of ten ~1 C;}years upon compfiance by the Lessee with the terms and provisions of the lease Agreement; and 4j~ i-{ERI=AS, any and. all rights of the State Board of Education ~f Florida pursuant tc~ the Board,~State Lease Agreement were assigned, transferred, and set over to the Foundation pursuant to the fallowing described instrument: ASSIGNMENT ANQ ASSUMPTI©N OF t_EASE by and bets^reen the State Board of Education of Florida, as "Assignor" and Treasure Coast Agricultural Research Foundation, tnc., a Florida corporation not far profit, as "Assignee" dated December 17, 19.:96, recorded January 9, 1997 in Official Records Book 1066 at PacJe 87 of the Pubiit Records of St. Lucie County, Florida. ~;"Assignment and Assumption of Lease"} wi~ich Assignment and Assumption of lease was joined in by the Baard to evidence the Board's consent to the assignment of the BoardjState lease Agreement pursuant to the Assignment and Assumption of Lease; and WHEREAS, the BoardlState Lease Agreement is in ful( force and effect and has been properly renewed prior to the expiration of each ten t10}year #erm since the lease Commencement Date: and L'VHEREAS, the Foundation, as "sublandlard'" has leased the UFr`1FAS G'~'eather Station Site to the UFIIFAS, as "subtenant' ~;"Faundation~LlFflFAS Sublease"}~ and ~~'I-IEREAS, representatives of ~FrIFAS currently utilise portions of the UF~'IFAS Weather Station Site for the operation ar~d maintenance of a weather scat€on and to _6_ conduct a soil fertility experiment {"Experiment"i; and ',~IHEREAS, OF/IFAS has agreed to completely vacate, abandon, and terminate any and all use and occupancy of the UFt`IFAS UVeather Station Site at such time as appropriate funding has been received by UFr'IFAS in order to relocate the Experiment to another location and it has been possible to relocate the Experiment to a different location; and ~JLrNEREAS, it ;s the intention of OF/IFAAS and the Foundation to terminate the Foundationi'UFIIFAS Sublease in regard to the UF,rIFAS Weather Sta#ion Site at such time as the UF;'IFAS has vacated, abandoned, and terminated any and all use of the OF/IFAS ~'Veather Statior= Site; and 'vi,!NEREAS, it is the intention of the Board and the Foundation to terminate the Board,~State Lease Agreement in regard to the OF/IFAS Weather Station Site at such time as the F©undationfUFr'IFAS Sublease is terminated in regard to the UFIIFAS Weather Station Site;. and V~ti'HEFtEAS, it is the intention of the Board and the Authority to add the UFIIFAS Weather Station Site to the real property subject to the BoardlAuthority !-ease Agreement at such time as the FoundationlUF/IFAS Sublease been terminated in regard to the uF,~iFAS 1,^Jeather StatlOn Site. NC3V~i, THEP.EFORE. far and in consideration of the agreements made herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknoti~riedged, the parties agree as follows: 1. The above recitals are true and correct and are hereby incorporated herein by reference as if fully set out herein. 2. At such time as OF/IFAS has {1) obtained sufficient funding, from any source v;~hatsoever, to relocate all activities. and operations conducted in, on, andlor upon the U'F,iIFAS 'dUeather Station Site to another location, {2} been able to complete the appropriate impro~°ements at another location in order to relocate all activities and operations conducted in, on, andlor upon the UFIIFAS Weather Station Site to another location, and {3}been able to relocate all such activities and operations to another location, all as determined by UFIfFAS, in its sole discretion, then, as soon thereafter as reasonably passible, UFi'iFAS and the Foundation shall terminate the FoundationiUF/IFAS Sublease in regard to the UFI~IFAS ~'~Jeather Station Site for all purposes whatsoever. 3. Based up~nn the best information available as of the Effecti~re Date. the estimate of the cost of the relocation of the Experiment as of the Effective Qate is Cane Hundred Twenty Thousand and OOi100 {`~12~J,00~.00) U~S. Dollars. This inforr77ation is prt~~,tided for informational purposes only and does not in an~,~ manner 4~rhats©e~~rer state or indi~:atr: an amount that UFJIFAS may or must deem to be the amount offunc'in~g sufficient -6- to relocate all activities and operations conducted in, on, andlr~r upon the UFIIFAS Weather Station Site to another location. Subsequent to the Effective Date, UFfIFAS will not commence any nc;~w and/or additional activities in, on, and/or upon the UFfIFAS Weather Station Site in any manner whatsoever.. 4. Simultaneously with the termination of the FoundatonlUF/IFAS Sublease relative to the OF/IFAS l'Veather Station Site, the Foundation and the Board shall terminate the Board; State Lease Agreement in regard to the UFIIFAS Weather Station Site for all purposes whatsoever. 5. Simultaneously with the termination of the FoundationlUFl1FAS Sublease and the BoardlStatP Lease Agreement relative to the UFfIFAS Weather Station Site, the Board and the Authority shall enter into an appropriate amendment to the Board/Authority Lease Agreement whereby the UFfIFAS Weather Station Site shall be added to the real property subject to the BoardlAuthority Lease Agreement. 6. This fJ9emorandum of Understanding shall be governed by the laws of the State of Florida. 7. This Memorandum of Understanding constitutes the entire agreement bets^~een the parties hereto with respect to the transactions contemplated hereby and supersedes all prier discussions, understandings, agreements and negotiations between the parties hereto.. 8. ~ This Memorandum of Understanding may be modified only by a written instrument duly executed by the Board, UFIIFAS, the Foundation, and the Authority. g. The Board, UFfIFAS, the Foundation, and the Authority mutually covenant and agree to sign., execute and deliver or cause to be signed, executed and delivered and to do or make, or to cause to be done or made, upon the written request of any other party hereto, any and all agreements, instruments, papers, deeds, acts or things, supplemental, confirming,. corrective or otherwise, as may be reasonably required or requested by any other party .hereto for the purpose of or in connection with the transactions contemplated hereby provided that no such request shall be contrary to the terms of this I~temorandum of Understanding. Notwithstanding the foregoing, none of the parties to this Memorandum of Understanding shall be required to incur any unreasonable costs or expenses., nor any additional Liability }with regard to any matters requested by the other party. G. The parties acknowledge that each party and its counsel have participated in the negotiation and preparation of this Memorandum of Understanding. This Memorandum of Understanding shall be construed v~rithout regard to any presumption or other rule requirir~g construction against the party causing the Memorandum of Understanding to be drafted. -7- AGENDA REQUEST ITEM NO. VI - B4 DATE: October 13, 2009 REGULAR [ ] PUBLIC HEARING [ ] TO. BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney CONSENT [xx] PRESENTED BY: Jo Ann Riley Property Acquisition Manager SUBJECT: Fort Pierce Utilities Authority 10' x 110' Utility Easement Administration Building Parcel I.D. No, 2416-504-0770-000-8 BACKGROUND: Please see an attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the Utility Easement in favor of Fort Pierce Utilities Authority, authorize the Chair to execute the Easement and direct stuff to record the Easement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [~(] APPROVED [ ]DENIED [ ]OTHER: Approved 5-O ,L' [XX] County Attorney: Daniel 5. McIntyre [XX] Originating Dept.: = 1`A~' JoAnn Riley CONCURRENCE : Faye W. Outlaw, MPA County Administrator Review and Approvals [ ]Environmental Resources: [ ] Road ~ Bri [XX] Central Service Roger Shinn/Don McLam [ ]Parks & Recreation: 5:\ACQ\WP\JoAnn\Easements\Administration Building\FPUA Easement Agenda Request.wpd ~~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA ~_ -1 TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: October 13, 2009 SUBJECT: Fort Pierce Utilities Authority 10' x 110' Utility Easement Administration Building Parcel I.D. No. 2416-504-0770-000-8 BACKGROUND: Fort Pierce Utilities Authority (FPUA) has requested n Utility Easement for the Lnwnwood Substation Project at the Northeast corner of South 25th Street and Rhode Island Avenue. During the installation of a 6" conduit within the South 25th Street right-of-way FPUA discovered AT&T and Comcast had underground facilities. To install the conduit FPUA has requested a 10' x 110' Utility Easement as shown on the attached sketch and legal description. The County Surveyor has reviewed and approved the sketch and legal description, Central Services has no objections to the proposed Utility Easement. RECOMMENDATION: Staff recommends that the Board approve the Utility Easement in favor of Fort Pierce Utilities Authority, authorize the Chair to execute the Easement and direct staff to record the Easement in the Public Records of St. Lucie County, Florida. Respectfully submitted, ^, ~ti-~~~~ JQAnn Riley Property Acquisition Manager 5:\ACQ\WP\JOAnn\Easements\Administration Building\FPUA Easement Agenda Memo.wpd ~ _ .r ~' ''.. .'c17a ~ A a ~ lY~ - f' ';; r,a ~, ~- ~,~T _ r a - :: ,: - . 4i ~~ ~ - . .~ , , -r ~ ..... . VIRG •- _ ...er_INIA~AVE __.....ar:- -.w~c~__,"-~--'..~.©_c: ~~T.- ~°'__ ` a6.'~ ~- _~ ____ _. ~;. .~ ~' .~-~~ RETURN TO: R. N. KOBLEGARD, III, COURTHOUSE BOX THIS INSTRUMENT PREPARED BY: R. N. KOBLEGARD, III, ESQUIRE 200 SOUTH INDIAN RIVER DRIVE, SUITE 201 FORT PIERCE, FL 34950 PROPERTY APPRAISERS PARCEL ID (FOLIO) NUMBER(S): 2416-504-0770-000-8 Know All Men by These Presents, that the undersigned ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA for and in consideration of the sum of One Dollar, to them in hand paid by the Fort Pierce Utilities Authority of the City of Fort Pierce, Florida (located at 206 Soufh Sixth Street), a municipal corporation under the laws of the State of Florida, receipt whereof is hereby acknowledged, do hereby convey and grant a ten (10) foot wide utility easement to the City of Fort Pierce, Florida, for the use and benefit of Fora Pierce Utilities Authority, the privilege and easement for the installation, maintenance, operation, repair, replacement and/or removal of their municipal-owned electric, water, sewer and natural gas utilities, in, under, upon, along, over and across the following-described land in St. Lucie County, Florida, to wit: SEE ATTACHED EXHIBITS "A" AND "B" Access to the above strip of land over the adjoining lands of the GRANTORS is hereby granted. The GRANTEE may cut or trim trees, bushes and saplings growing upon or extending over said strip of land so far as may be reasonably necessary in the installation, maintenance, operation, repair, replacement and/or removal of said utilities. Patrolling said easement shall not constitute grounds for a claim for damage. The GRANTORS reserve the use of said strip of land for any use not inconsistent herewith, but no buildings or structures shall be erected or placed on said strip of land by GRANTORS. The rights herein granted maybe assigned in whole or in part. The GRANTEE will indemnify and save the GRANTOR harmless from any damages, injuries, losses, claims, demands or costs proximately caused by the sole fault or negligence of the GRANTEE, its representatives, subcontractors, or agents in the installation, maintenance, operation, repair, replacement and/or removal of said utilities and the equipment and facilities connected therewith, over and across said strip of land. Provided, however, that regardless of whether any such obligations are based on a tort, contract, statute, strict liability, negligence, product liability or otherwise, the obligations of the FPUA under this indemnification provision shalt be limited in the same manner that would have applied if such obligations were based on, or arose out of, an action at law to recover damages in tort and were subject to Section 768.28, Florida Statutes, as that section existed at the inception of this Contract, and that the maximum amount of indemnity to be paid under this provision, for a single claim or occurrence by any one person, shall not exceed the sum of $100,000.00 for any claim or judgment, or portions thereof, subject to the maximum sum of $200,000.00 as the result of all claims and judgments arising out of the same incident or occurrence. The GRANTOR hereby covenants and warrants that it owns the said land and has the right to grant this easement. (Corporate Seal) ~f1 Wlt/1@SS Whereof, the GRANTOR has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized this day of 2009. Attest: ST. LUCIE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA Deputy Clerk Grantor Br BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA SIGNED, SEALED AND DELIVERED IN OUR PRESENCE AS WITNESSES: Witness Signature Chairman Printed Witness Signature 2300 Virginia Avenue Fort Pierce, FL 34982 Witness Signature Printed Witness Signature (SEAL) STATE OF FLORIDA I hereby certify that on this day before me, an officer duly authorized COUNTY OF ST. LUCIE to administer oaths and take acknowledgments, personally appeared and known to me to be the Chairman and Deputy Clerk, respectively, of the Board of County Commissioners, St. Lucie County, Florida, the entity in whose name the foregoing instrument was executed, and that they acknowledged executing the same for such entity, freely and voluntarily, under authority duly bested in them by said entity, and that the seal affixed thereto is the true department seal of said entity, that I relied upon the following form of identification of the above-named person: Florida Driver's License, and that an oath was not taken. RUBBER STAMP NOTARY SEAL Witness my hand and official Seal in the County and State last aforesaid this day of A.D. 2009. Notary Signature Y EXHIBIT d ~ D nAn 0 a LEGAL DESCRIPTION: 10' X 110' UTILITY EASEMENT BEING A PARCEL OF LAND FOR UTILITY EASEMENT PURPOSES, LYING OVER, UNDER AND ACROSS A PORTION OF SECTION 16, TOWNSHIP 35 SOUTH, RANGE 40 EAST, o ST. LUCIE COUNTY, FLORIDA; SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED Z AS FOLLOWS: 0 J COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 16; PROCEED NORTH 01'16'45" EAST, ALONG THE WEST LINE OF SAID SECTION 16, A DISTANCE OF 1,354.32 FEET; THENCE SOUTH 88'22' 13" EAST, DEPARTING SAID WEST LINE, A N DISTANCE OF 50.00 FEET TO THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF SOUTH 25TH STREET (STATE ROAD N0. 615) (AN 85-FOOT WIDE Q RIGHT-OF-WAY) PER THE STATE OF FLORIDA, STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP - SECTION 94005-2500, DATED OCTOBER 30TH, 1995 AND o THE SOUTH RIGHT-OF-WAY LINE OF RHODE ISLAND AVENUE (FORMERLY KNOWN AS "' WEST WASHINGTON AVENUE) (A 50-FOOT WIDE RIGHT-OF-WAY) AS SHOWN ON THE o PLAT OF LAWNWOOD ADDITION, AS RECORDED IN PLAT BOOK 2, PAGE 16, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE N SOUTH 88'22' 13" EAST, ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID RHODE ISLAND AVENUE, A DISTANCE OF 10.00 FEET; THENCE SOUTH 01' 16'45" WEST, a DEPARTING SAID SOUTH RIGHT-OF-WAY LINE, AND ALONG A LINE 10.00 FEET EAST E OF, AND PARALLEL WITH THE EAST RIGHT-OF-WAY LINE OF SAID 25TH STREET, A a DISTANCE OF 110.00 FEET; THENCE NORTH 88'22'13" WEST ALONG ALINE PARALLEL WITH AND 110.00 FEET SOUTH OF, THE SOUTH RIGHT-OF-WAY LINE OF SAID RHODE ISLAND AVENUE, A DISTANCE OF 10.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SAID SOUTH 25TH STREET; THENCE NORTH 01'16'45" EAST, ~, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING. T T SAID EASEMENT CONTAINING .025 ACRES, MORE OR LESS. 00 om a o~ o a BEARING BASE: a" THE WEST LINE OF SECTION 16, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE Zo COUNTY, FLORIDA IS TAKEN TO BEAR NORTH 01'16'45" EAST, AND ALL OTHER ~N BEARINGS SHOWN HEREON ARE RELATIVE THERETO. ~~ .3~ ° ° THIS IS NOT A SURVEY 2009 Boyle Engineering SURVEYf'R AND Mr1PPER'S SIGNATURE PROJECT NAME: 1. UNLEcS TT BEARS T~!E SIGN/aTURE AND ORIGINAL RAISED SEAL OF SKETCH AND DESCRIPTION FOR: A FLORIDA Li::E*iS£i7 :''>IJRb'F'YO4 .s.~D ! PER, THIS MAP/REPORT IS FOR INFORMA PURPG~ES aN' D Is NoT vAUD. THE FORT PIERCE UTILITY AUTHORITY 2. NO Epu ~~ ~~ 'HAS BF~N MADE ~' TMIS (S.L.C. ADMINISTRATION PARCEL UTILITY EASEMENT} oFFlC~. _ _~~ CLINTAP! H. KNOBLO(~I, FxtOFb1'510NA% SUR4EYOR d: MAPPER STATE OF FLORIDA N0. 5053 BOYEE Scale: N/A REVISIONS: SOYLE ENGINEERING Sheet 1 OF 2 Field Book: SLC #4 Page: (,g Field: TP 3550 S.W. Corporate Park~uray Palm City, Florida 34990 T 772.288.3883 F 772.286.3925 Computed: CHK Date FlLE N0. Project No. BPR do FBPE License No's: 2005 do LB 7622 9/24/09 FPUA-SLC-SKETCH V73 www.boyle.aecom.com Checked: CHK O C Y T 0 a N w v E Z 0 J 3 w J a i 0 0 L Y N 0 E a U N a z i °_' o~ ~, om 0 i N ~ o~ 0 ~~ ~o a~ ~' o~ Zo ~~ 3 ~ O N ~ 01 17 16 ~ i i NORTHWEST CORNER OF THE SOUTH WEST ~ QUARTER OF SECTION 50.0' 16/35/40) t ~_ i .rn ~~ MM~ W IN aoz~ rn /I Q~ pU rn N ~". w N ~ ° ~ S88'22'13"E w ~ ~ ~- 50 00' Q ~- ~- . ,. F,cooao ~ - 1 --- -- ~ °Q o ~ o : l ~ ~w~ ~ ° w p ~Q ~ r- ~ Qw xNQ~° NI p c Ov .- ww`n ~ _ ~ N ~ o~co ° wa AIM cn~o i'~ o a~rn ~~~ a ~_ >-QU t~ ~ I~ Z j~cw ` t0 r ~ ~` o N° c ~ wE-Z z=- Z J ~ J . wo:f- POINT OF ~ m o 3 COMMENCEMENT (SOUTH WEST CORNER OF SECTION 16/35 40) ~ _ 50.0' / 17 ~ .-.. / 16 _ ..~ 20 21 2009 Boyle Engineering THIS IS NOT A SURVEY PROJECT NAME: SKETCH AND DESCRIPTION FOR: THE FORT PIERCE UTILITY AUTHORITY (S.L.C. ADMINISTRATION PARCEL UTILITY EASEMENT) ~`~`~ E ENGINEERING BoYLE - . " _..~. Corporate Parkway Palm City, Florida 34990 7i2._3o.3883 F 772.286.3925 £PR ~ FBPE License No's: 2005 do L13 7622 ww•~.~ cyte.aecom.com 0 40' 80' Scale: 1" = 40' POINT OF BEGINNING (INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF SOUTH 25TH STREET WITH THE SOUTH RIGHT-OF-WAY LINE OF RHODE ISLAND ROAD) - - 0 N ___ RHODE ISLAND AVENUE __ (FORMERLY KNOWN AS -- ---5$$'22'13"E WASHINGTON AVENUE) o 10.00 N '~ - - ---- 10-FOOT UTILITY SOUTH RIGHT-OF-WAY LINE EASEMENT OF RHODE ISLAND ROAD O O ~ LAWNWOOD ADDITION (PLAT BOOK 2, PAGE 16) 3 ALINE 10.00 FEET EAST OF iA AND PARALLEL WITH THE ~ EAST RIGHT-OF-WAY LINE ~ OF SOUTH 25TH STREET r 0 ~ ALINE 110.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH RIGHT-OF-WAY LINE _OF RHODE ISLAND ROAD ~-N88'22'13'W SECTION 16, TOWNSHIP 35 10.00 SOUTH, RANGE 40 EAST i -mot LEGEND EAST RIGHT-OF-WAY LINE ~ =CENTERLINE OF SOUTH 25TH STREET Scale: ~ "=40' REVISIONS: Sheet 2 OF 2 Field Book: SLC #4 Page: bg Fefd: TP Computed: CHK Date FILE N0. Project No. Checked: CHK 9/24/09 FPUA-SLC-SKETCH V73 ,~ EXHBIT "B" h ~~ H a F d d Q al sc ~ RHODS L4LAND AVENUB ~ niw ~ C~ A 10FT BY 110FT UTILITY EASEMENT I ST. LUCIE COUNTY CIVIC CENTER & ADMINISTRATION COMPLEX 2416-504-0770-000$ 24.36 Ac (VAC: OR648-1990) II 317E s µ~38 ~`O.r 14694 IAA3 VIRC:iNiA AVEN[JE ~~ wD~ UTILITY EASEMEMNT w.o.# 2300 VIRGINIA AVENUE ID 241650407700008 w.o.~ PJL 8/05/0 Rev 0 Initial Release ~~ pj~,?t,~ DESCRIPTION: BY: INSPECTED. BY APPROVED DATE: REVISION PRAWN BY: FT. PIERCE UTILITIES AUTHORITY TELL#R<772NG466E1600 pJL ~~~ 1701 S. 37th STREET DESIGNED: pJL FAX, # C772) 461-1938 FT. PIERCE, FLORIDA 34947 SHEET 2 OF 3 ~ A scA~E:NTS roe #~ 20090079-E 1 13XX ~ AGENDA REQUEST DATE: October 13, 2009 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ x ] TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B5 PRESENTED BY: SUBMITTED BY(DEPTj: County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Interlocal Agreements for Court Administration and Guardian Ad Litem Funding BACKGROUND: See CA09-1292 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends the Board approve the Interlocal Agreements COMMISSION ACTION: CONCURRENCE: [~ APPROVED [ ] DENIED [ ] OTHER: Approved 5-O ~~ Faye W. Outlaw, MPA County Administrator ~~ Review and Approvals l-' [X] County Attorney: '~ ( ]Management & Budget: [ ]Purchasing: [ ]Road & Bridge.: y "f"~-{'`~ Parks & Recreation Director [ ]Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 09-1292 DATE: October 13, 2009 SUBJECT: Interlocal Agreements Regarding Court and Guardian Ad Litem Funding BACKGROUND: Since 1989, St. Lucie County has had an Interlocal Agreement with Okeechobee County, Indian River County, Martin County, the Chief Judge for the 19`h Circuit, and the Clerk of the Circuit Court for St. Lucie County regarding funding for personnel necessary for the proper and efficient functioning of the circuit and county courts. The Agreement sets out the procedures wherein expenditures are prorated by population among the four counties in the circuit. Starting in 2008, staff for each party worked together to draft a new Interlocal which more accurately reflects the procedures used by staff. In addition, Florida Statute now requires that counties pay for certain costs associated with the Guardian Ad Litem program and staff recommends approval of an additional Interlocal which sets out procedures for expenditures to that program. The Chief Judge, the Clerk of the Circuit Court, and the Boards of County Commissioners for Okeechobee and Indian River Counties have approved both Interlocals. Martin County is scheduled to vote on them this month. RECOMMENDATION/CONCLUSION: Staff recommends approval of the Interlocal Agreements on Court and Guardian Ad Litem funding. Respectfully submitted, ~~-''/ `~~ /z' GL Heather Sper za ke Assistant Co ty At rney INTERLOCAL AGREEMENT COURT FUNDING THIS IS AN AGREEMENT by and between CHIEF JUDGE FOR THE 19T" JUDICIAL CIRCUIT OF THE STATE OF FLORIDA ("Chief Judge"), CLERK OF THE CIRCUIT COURT FOR ST. LUCIE COUNTY, FLORIDA ("Clerk"), and INDIAN RIVER COUNTY, MARTIN COUNTY, OKEECHOBEE COUNTY, and ST. LUCIE COUNTY, political subdivisions of the State of Florida that collectively constitute the 19th Judicial Circuit (the "Counties"), for the purpose of providing required services to the Chief Judge. WHEREAS, the previous Interlocal Agreement between the parties doted April 11, 1989 is hereby terminated; and WHEREAS, Section 29.008, Florida Statutes (2009), provides that the counties within a judicial circuit provide county funding for court related functions; and WHEREAS, the Counties intend to provide to the Chief Judge additional funding necessary for Court related functions; and WHEREAS, the Chief Judge and the Counties desire to establish a procedure wherein expenditures by the Counties are prorated by population ~nmong the Counties; and WHEREAS, nothing in this Agreement shall be considered n waiver of the authority of the Chief Judge to identify local requirements ns provided in Section 29.008, Florida Statutes; and WHEREAS, nothing in this Agreement shall restrict the constitutional, statutory, or inherent authority of the Chief Judge to ensure the administration of justice within the Circuit. In consideration of the mutual advantages accruing to the parties, the Chief Judge, Clerk and the Counties agree ns follows: Section 1. PROCEDURE TO REVIEW AND APPROVE THE COURT ADMINISTRATION BUDGET. A. The Chief Judge agrees to present n total unified budget for each fiscal year (October 1-September 30) by April 1 of each year beginning April 1, 2009, to each County respectively. Upon receipt of the budget, the budget shall be referred to a Court Administration Budget Committee, which shall be composed of one (1) representative and nn alternate from each of the four (4) counties as appointed by each Board of County Commissioners, respectively. The members of the Committee shall review the proposed budget and may schedule meetings with the Chief Judge to discuss the proposed budget. All meetings of the Committee are subject to the provisions of Section 286.011, Florida Statutes. The Committee may make recommendations to the four (4) Boards of County Commissioners as to whether to adopt, not adopt, or amend the proposed budget. The Committee shall complete its deliberations by June lst of each year. B. The proposed budget shall then be presented to each of the four (4) Boards of County Commissioners for consideration during the Boards' normal budgetary process. The proposed budget shall be subject to the approval of each of the four (4) Boards of County Commissioners. The Counties agree that the proposed budget may not be increased without the consent of all four (4) counties. In the event any of the four (4) Boards of County Commissioners determines to reduce the total unified budget as proposed, the Board(s) reducing the proposed budget shall amend the proposed total budget, adopt the amended total budget and notify the other counties of the action taken on the budget within seven (7) days. The amended total budget, if reduced by one (1) or more of the counties, shall be deemed to be the approved budget by all four (4) counties. The Counties acknowledge that the effect of this section will be that any of the four (4) Board of County Commissioners may reduce the total budget without the consent of the other counties and that the lowest approved total budget shall be deemed to be the total budget approved by the Counties. Budgets approved by each County should reflect the amount they are willing to fund regardless of revenues received. Each County shall notify the St. Lucie County Management and Budget Department of its final adopted budget for the fiscal year no later than October 1 of each fiscal year, commencing October 1, 2009. Section 2. DIVISION OF OPERATING EXPENSE. Calculation. Each County's shore shall be established by dividing the population of each County by the population of all the Counties. The calculation shall be effective on the following October 1, commencing October 1, 2009. In the event of county-specific projects, they will be funded at 100% by that County and remain in St. Lucie County's possession until expended by Court Administration. After completion of such county- specific projects, any unexpended funds nt the completion of the project shall be returned to that County on nn annual basis with the reconciliation report. Section 3. PAYMENT AND ACCOUNTING OF EXPENSES. The parties agree that the expenses for the Counties' portion of the Court Administration budget shall be paid as follows: (n) Charges will be billed and mailed directly to the St. Lucie County Clerk of the Circuit Court Finance Department. Appropriate employees of the Clerk will check the bills for accuracy and compliance with the budget approved by the Court Administration Budget Committee and the respective Board of County Commissioners for each County. In the event of insufficient budget, the Finance Department will notify the St. Lucie County Management and Budget Department to take appropriate action. Court Administration shall be required to submit all expense invoices to the Finance Department of the Clerk of the Circuit Court for St. Lucie County by the end-of-year deadline or by October 31St whichever is earlier. (b) Each individual County shall automatically send twenty-five percent (25%) of its prorated portion of the expenses in the adopted budget to the Clerk on a quarterly basis for each year that the agreement is in effect. Each quarterly payment shall be due within thirty (30) days of the end of the quarter (e.g. payment for the quarter beginning October 1, shall be due by December 31). No invoice will be submitted by St. Lucie County to request these funds. If payments are not submitted in full by the deadlines set forth in this Agreement, the Clerk shall notify the St. Lucie County Management and Budget Department and they shall send a letter of non-compliance to that County notifying of the violation of this Agreement. If nn amendment is approved by the Court Administration Budget Committee and the respective Board of County Commissioners of each County, at a later date, each individual County shall send its portion of the increase to the Clerk within 30 days of approval. Each County is responsible for meeting reporting requirements per Sections 29.0085, 939.185, 318.18(1), Florida Statutes ,and any other federal, state, or local requirements. In recognition of this fact, the St. Lucie County Management and Budget Department will send financial reports, based on St. Lucie County's Banner Financial System forms, on a quarterly basis to the counties for Court Administration and Court Related Technology Funds. (c) The Clerk shall deposit all monies received from the Counties into the Court Administration fund for Court Administration operations and Court Technology Fund for court related technology expenses per Section 28.24(12)(e)1, Florida Statutes. On or before December 31 of each year, commencing December 31, 2009, nn annual report for the prior year shall be submitted to the counties by the St. Lucie County Management and Budget Department. The report shall include the actual expenses for the prior fiscal year ending September 30th. Each report shall include a breakdown of expenditures by expense category. (d) The Clerk shall be responsible for processing payment for all expenses and payments pertaining to the Counties share of the Court Administration budget. Court Administration cannot over spend the budget. The Clerk agrees to include the separate account referenced in the County's annual audit. (e) Any excess monies, including any interest earned thereon, remaining at the end of each fiscal year shall be prorated based on percent of that year's participation and returned to the Counties by December 31St (f) The costs set forth above shall be applied to the wages of the employees plus the employer's State of Florida Retirement System contribution, FICA, and health insurance for each of the employees. Section 4. STATUS OF EMPLOYEES. The personnel whose employment is funded under this Agreement shall be hired, supervised, managed, and fired by personnel of the judicial circuit. St. Lucie County shall be considered the employer for purposes of Section 440.10 and Chapter 443, Florida Statutes. Employees funded by the Counties under this Section and other County employees may be aggregated for purposes of n flexible benefits plan pursuant to Section 125 of the Internal Revenue Code of 1986. The judicial circuit shall be responsible for compliance with all requirements of federal and state employment laws, including, but not limited to, Title VII of the Civil Rights Act, 42 U.S.C. s. 1983, the Family Medical Leave Act, the Fair Labor Standards Act, Chapters 447 and 760, and Sections 112.3187, 440.105, and 440.205; and fully indemnify the Counties from any liability under such laws, as authorized by Section 768.28(19), Florida Statutes, to the extent such liability is the result of the negligent acts or omissions of the judicial circuit or its agents or employees. This Agreement does not conflict with or supersede the Interlocal Agreement between the Nineteenth Circuit and St. Lucie County with regard to employees. Section 5. MISCELLANEOUS PROVISIONS. (n) Any alteration, variation, modification, extension, renewal, or waiver of the provisions of this Agreement shall be valid only when reduced to writing, duly authorized and signed, by all parties, and attached to the original. (b) In the event of litigation regarding this Agreement, each party shall bear its own costs. (c) To the extent permitted by law, this Agreement shall be binding on the parties hereto, their successors and assigns. (d) This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or Agreements, either verbal or written, between the parties hereto. (e) The Agreement may only be amended by a written document signed by all parties and filed with the Clerks of the Circuit Court of Indian River County, Martin County, Okeechobee County and St. Lucie County, Florida. (f) This Agreement can be cancelled upon giving twelve (12) months prior written notice before the beginning of the next fiscal year by the Chief Judge, Clerk or any one (1) of the four (4) Counties. The termination of this Agreement shall not require refund of any monies collected by the Chief Judge pursuant to this Agreement. The positions funded pursuant to this Agreement shall terminate upon the expiration, or substantial breach of, the Agreement or upon the expiration of Counties' funding for the positions. (g) This Agreement shall be filed with the Clerks of the Circuit Court of Indian River, Martin, Okeechobee and St. Lucie County, Florida, prior to its effectiveness. (h) All of the parties agree to cooperate and participate in an effort to obtain state funding for the services covered by this Agreement. Section 6. NOTICE. If to Chief Judge: Chief Judge Nineteenth Judicial Circuit of Florida 250 N.W. Country Club Drive Suite 217 Port St. Lucie, FL 34986 With n copy to: Court Administrator Nineteenth Judicial Circuit of Florida 250 N.W. Country Club Drive Suite 217 Port St. Lucie, FL 34986 If to Counties: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 With n copy to: Indian River County Administrator 1801 27th Street Vero Beach, Florida 32960 Martin County Administrator 2401 S.E. Monterey Road Stuart, Florida 34996 Okeechobee County Administrator 304 N.W. Second Street Okeechobee, Florida 34972 If ns to Clerk: Clerk of Circuit Court St. Lucie County, Florida St. Lucie County Courthouse 221 South Indian River Drive Fort Pierce, Florida 34982 With n copy to: St. Lucie County Finance Director 2300 Virginia Avenue Fort Pierce, Florida 34982 IN WITNESS WHEREOF the parties have executed this Agreement by their duly authorized officials on the dates stated below. CHIEF JUDGE WITNESSES: ATTEST: Clerk Chief Judge Date INDIAN RIVER COUNTY, FLORIDA BY: Chair, Board of County Commissioners (SEAL) ATTEST: Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY: County Attorney MARTIN COUNTY, FLORIDA BY: Clerk Chair, Board of County Commissioners (SEAL) Date APPROVED AS TO FORM AND CORRECTNESS: County Attorney ATTEST: Clerk (SEAL) OKEECHOBEE COUNTY, FLORIDA BY: Chair, Board of County Commissioners Date APPROVED AS TO FORM AND CORRECTNESS: County Attorney ATTEST: Clerk (SEAL) ST. LUCIE COUNTY, FLORIDA BY: Choir, Board of County Commissioners Date APPROVED AS TO FORM AND CORRECTNESS: INTERLOCAL AGREEMENT GUARDIAN AD LITEM FUNDING THIS IS AN AGREEMENT by and between GUARDIAN AD LITEM ("GAL"), CLERK OF THE CIRCUIT COURT FOR ST. LUCIE COUNTY, FLORIDA ("Clerk"), and INDIAN RIVER COUNTY, MARTIN COUNTY, OKEECHOBEE COUNTY, and ST. LUCIE COUNTY, political subdivisions of the State of Florida that collectively constitute the 19th Judicial Circuit (the "Counties"), for the purpose of providing required services to Guardian Ad Litem. WHEREAS, Section 29.008, Florida Statutes (2009), provides that the counties within n judicial circuit provide county funding for court related functions, including the staffing and offices for the Guardian Ad Litem Program; and WHEREAS, the Counties intend to provide to the GAL additional funding; and WHEREAS, the GAL and the Counties desire to establish a procedure wherein funding for the GAL Program is prorated by population among the Counties. In consideration of the mutual advantages accruing to the parties, the 6AL, Clerk and the Counties agree as follows: Section 1. PROCEDURE TO REVIEW AND APPROVE THE GAL BUDGET. A. The GAL agrees to present a total unified budget for each fiscal year (October 1-September 30) by April 1 of each year beginning April 1, 2009, to each County respectively. Upon receipt of the budget, the budget shall be referred to a Court Administration Budget Committee, which shall be composed of one (1) representative and an alternate from each of the four (4) counties as appointed by each Board of County Commissioners, respectively. The members of the Committee shall review the proposed budget and may schedule meetings with the GAL to discuss the proposed budget. All meetings of the Committee are subject to the provisions of Section 286.011, Florida Statutes. The Committee may make recommendations to the four (4) Boards of County Commissioners as to whether to adopt, not adopt, or amend the proposed budget. The Committee shall complete its deliberations by June 1St of each year. B. The proposed budget shall then be presented to each of the four (4) Boards of County Commissioners for consideration during the Boards' normal budgetary process. The proposed budget shall be subject to the approval of each of the four (4) Boards of County Commissioners. The Counties agree that the proposed budget may not be increased without the consent of all four (4) counties. In the event any of the four (4) Boards of County Commissioners determines to reduce the total unified budget ns proposed, the Board(s) reducing the proposed budget shall amend the proposed total budget, adopt the amended total budget and notify the other counties of the action token on the budget within seven (7) days. The amended total budget, if reduced by one (1) or more of the counties, shall be deemed to be the approved budget by all four (4) counties. The Counties acknowledge that the effect of this section will be that any of the four (4) Board of County Commissioners may reduce the total budget without the consent of the other counties and that the lowest approved total budget shall be deemed to be the total budget approved by the Counties. Budgets approved by each County should reflect the amount they are willing to fund regardless of revenues received. Each County shall notify the St. Lucie County Management and Budget Department of its final adopted budget for the fiscal year no Inter than October 1 of each fiscal year, commencing October 1, 2009. Section 2. DIVISION OF OPERATING EXPENSE. Calculation. Each County's share shall be established by dividing the population of each County by the population of all the Counties. The calculation shall be effective on the following October 1, commencing October 1, 2009. In the event of county-specific projects, they will be funded at 100% by that County and remain in St. Lucie County's possession until expended by GAL. After completion of such county-specific projects, any unexpended funds at the completion of the project shall be returned to that County on an annual basis with the reconciliation report. Section 3. PAYMENT AND ACCOUNTING OF EXPENSES. The parties agree that the expenses for the Counties' portion of the GAL budget shall be paid ns follows: (n) Charges will be billed and mailed directly to the St. Lucie County Clerk of the Circuit Court Finance Department. Appropriate employees of the Clerk will check the bills for accuracy and compliance with the budget approved by the Court Administration Budget Committee and the respective Board of County Commissioners for each County. In the event of insufficient budget, the Finance Department will notify the St. Lucie County Management and Budget Department to take appropriate action. GAL shall be required to submit all expense invoices to Finance Department of the Clerk of the Circuit Court for St. Lucie County by the end-of-year deadline or by October 31St, whichever is earlier. (b) Each individual County shall automatically send twenty-five percent (25%) of its prorated portion of the expenses in the adopted budget to the Clerk on a quarterly basis for each year that the agreement is in effect. Each quarterly payment shall be due within thirty (30) days of the end of the quarter (e.g. payment for the quarter beginning October 1, shall be due by December 31). No invoice will be submitted by St. Lucie County to request these funds. If payments are not submitted in full by the deadlines set forth in this Agreement, the Clerk shall notify the St. Lucie County Management and Budget Department and they send a letter of non-compliance to that County notifying of the violation of this Agreement. If an amendment is approved by the Court Administration Budget Committee and the respective Board of County Commissioners of each County, at n Inter date, each individual County shall send its portion of the increase to the Clerk within 30 days of approval. Each County is responsible for meeting reporting requirements per Sections 29.0085, 939.185, 318.18(1), Florida Statutes ,and any other federal, state, or local requirements. In recognition of this fact, the St. Lucie County Management and Budget Department will send financial reports, based on St. Lucie County's Banner Financial System forms, on a quarterly basis to the counties for Guardian Ad Litem and Court Related Technology Funds. (c) The Clerk shall deposit all monies received from the Counties into the Guardian Ad Litem fund for Guardian Ad Litem operations and Court Technology Fund for Guardian Ad Litem-related technology expenses per Section 28.24(12)(e)1, Florida Statutes. On or before December 31 of each year, commencing December 31, 2009, an annual report for the prior year shall be submitted to the counties by the St. Lucie County Management and Budget Department. The report shall include the actual expenses for the prior fiscal year ending September 30th. Each report shall include a breakdown of expenditures by expense category. (d) The Clerk shall be responsible for processing payment for all expenses and payments pertaining to the Counties share of the GAL budget. GAL.cannot over spend the budget. The Clerk agrees to include the separate account referenced in the County's annual audit. (e) Any excess monies, including any interest earned thereon, remaining at the end of each fiscal year shall be prorated based on percent of that year's participation and returned to the Counties by December 31ST (f) The costs set forth above shall be applied to the wages of the employees plus the employer's State of Florida Retirement System contribution, FICA, and health insurance for each of the employees. Section 4. MISCELLANEOUS PROVISIONS. (a) Any alteration, variation, modification, extension, renewal, or waiver of the provisions of this Agreement shall be valid only when reduced to writing, duly authorized and signed, by all parties, and attached to the original. (b) In the event of litigation regarding this Agreement, each party shall bear its own costs. (c) To the extent permitted by law, this Agreement shall be binding on the parties hereto, their successors and assigns. (d) This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede atl previous communications, representations, or Agreements, either verbal or written, between the parties hereto. (e) The Agreement may only be amended by a written document signed by all parties and filed with the Clerks of the Circuit Court of Indian River County, Martin County, Okeechobee County and St. Lucie County, Florida. (f) This Agreement can be cancelled upon giving twelve (12) months prior written notice before the beginning of the next fiscal year by the GAL, Clerk or any one (1) of the four (4) Counties. The termination of this Agreement shall not require refund of any monies collected by the GAL pursuant to this Agreement. The positions funded pursuant to this Agreement shall terminate upon the expiration, or substantial breach of, the Agreement or upon the expiration of Counties funding for the positions. (g) This Agreement shall be filed with the Clerks of the Circuit Court of Indian River, Martin, Okeechobee and St. Lucie County, Florida, prior to its effectiveness. (h) All of the parties agree to cooperate and participate in an effort to obtain state funding for the services covered by this Agreement. Section b. NOTICE. If to 6AL: Circuit Director Guardian Ad Litem Program, 19t" Judicial Circuit 584 N.W. University Boulevard Suite 600 Port St. Lucie, FL 34986 If to Counties: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, Florida 34982 Indian River County Administrator 1801 27th Street Vero Beach, Florida 32960 Martin County Administrator 2401 S.E. Monterey Road Stuart, Florida 34996 Okeechobee County Administrator 304 N.W. Second Street Okeechobee, Florida 34972 If as to Clerk: Clerk of Circuit Court St. Lucie County, Florida St. Lucie County Courthouse 221 South Indian River Drive Fort Pierce, Florida 34982 With n copy to: St. Lucie County Finance Director 2300 Virginia Avenue Fort Pierce, Florida 34982 IN WITNESS WHEREOF the parties hove executed this Agreement by their duly authorized officials on the dates stated below. GUARDIAN AD LITEM WITNESSES ATTEST: Circuit Director Date INDIAN RIVER COUNTY, FLORIDA BY: Clerk Chair, Board of County Commissioners (SEAL) Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY: County Attorney ATTEST: Clerk (SEAL) MARTIN COUNTY, FLORIDA BY: Chair, Board of County Commissioners Date APPROVED AS TO FORM AND CORRECTNESS: County Attorney ATTEST: OKEECHOBEE COUNTY, FLORIDA BY: Clerk (SEAL) Chair, Board of County Commissioners Dnte APPROVED AS TO FORM AND CORRECTNESS: ATTEST: County Attorney ST. LUCIE COUNTY, FLORIDA BY: Clerk Chnir, Bonrd of County Commissioners (SEAL) Date APPROVED AS TO FORM AND CORRECTNESS: County Attorney CLERK OF THE CIRCUIT COURT ST. LUCIE COUNTY, FLORIDA BY: Clerk a - ~ _~, RECORD VERIFIED ~'L -- -- {;, - ry c ~ 598T0~~ /56~v INTERLOCAL AGREEMENT -~ AR's' ~. ~ `v10/sEE SG4K`3Qi~ . P4GE~C;-~!~ THIS IS AN ACREEML:NT by and between DWIGHT L. GESGER, CHIEF JUDGE FOR THE 19TH JUDICIAL CIRCUST OF THE STATE OF FLORIDA (Geiger), DOUGLAS DIXON, Clerk of the Circuit Court for St. Lucie County, Florida (Dixon) and INDSAN RIVER COUNTY, MARTIN COUNTX, OKEECHOBEE COUNTY, and ST. LUCIE COUNTY, political subdivisions of the State of ' Florida that collectively constitute the 19th Judicial Circuit (the Counties), for tha purpose of prnviding required services ~o Geiger. WHEREAS, Geiger is the Chief Judge for the 19th Judicial Circuit in the State of Florida; and WHEREAS, Section 43.28, Florida Statutes (1987), requires tha counties within the judicial circuit to provide, in the absence of state finding, personnel necessary for the proper and efficient functioning of the circuit and county courts;. and WHEREAS, the Counties intend to provide to Geiger additional necessary Court personnel through Dixon's office and fund such personnel through this Agreement; and WHEREAS, Geiger •and the Counties desire to establish a procedure wherein required expenditures by the Counties are equitably prorated among the Counties. •• In consideration of the mutual advantages accruing to the parties, Geiger and the Counties agree as follows:.. SECTION 1. PROCEDU3E TO REVIEW AND APPROVE THE COURT ADMINISTRATION BUDGET. '~ A. CURRENT YEAR. For the year beginning October 1, 1988, and ending September 30, 1989, the Counties agree that the Court Administration budget shall be as follows: ~' Deputy Court Administrator 530,000.00 Retirement 4,200.00 FICA 2,253.00 Health Insurance 2,300.00 Travel & Per Diem 2,400.00 Secretary IV 14,320.00 Retirement -- 1,916.00 FICA 1,076.00 Health Insurance 2,300.00 • Office Supplies 2,600.00 Contingency -~ 635.00 v yyTOTAL BUDGET 564~000.OQ_.._. ~ R.cF..i ,~.3.0~ DOU(~LA8D17iCONMp~rtI~ s°oo~ 817 ~ara•158~ Q~~J~/~~yv r _ ~ Add Fra = 8t Lnda Connt~v ~iti Doo Tait i Qalc of Clrcait Conrs ~ND AN RIO RN COUNTYIC~nt TaY; e, ~jO BOOK 664 P~Gf2329 1840 Z5+h ToW S ~ 0"~ 03'x]-b' Clerk hero Beach, Streot Florida 32960 f ~~ O. ~, ~+~~ "~~ 02 Q ' ~. .~ __ ~ • ,t.. `. ~ -' pxeE D00~( ef.~5 PdCE1S4~ H. FUTURE °EARS. In the event that efforts to obtain state funding are unsuccessful for any future year, Geiger agrees to present a total unified budget for each such fiscal year by April 1 of each year to each County respectively. Upon receipt of the budget, the budget shall be referred to a Court Administration Budget Committee, which shall be composed of one (1) representative and an alternate from each of the four (4) ' counties as appointed by each Board of County Commissioners, respectively. The members of the Committee shall review the proposed budget and may schedule meetings with the Chief Judge to discuss the proposed budget. All meetings of the Committee are subject to the provisions of Section 286.011, Florida Statutes (1987), as amended. The Committee may make recommendations to the four (4) Boards of County Commissioners as to whether to adopt or amend the proposed budget. The Committee shall complete its deliberations b'I' May 15 of each year. Upon completing. its deliberations, the Committee shall forward the proposed budget to the budget officer or other designated officer =or each o= -che four (4) counties. The proposed budget shall then be presented to each of the four (4) Hoards of County Commissioners for consideration during the Boards' normal budcetary process. The proposed budget shall be subject to the approval of each of the four (4) Boards of County Commissioners. The Counties agree that the proposed budget may not be increased w_thout the consent of ali four (4) counties. In the event any of the four (4) Boards of County Commissioners determines to reduce the total unified budget as proposed, thee Board(s) reducing the proposed budget shall amend the groposed total budget, adopt the amended total budget and notify the other counties of the action taken on the budget within seven (7} days. The amended total.. budget if reduced by one (I) or more of the counties shall be deemed to be the approved ..budget by. all._ four.. _ _. _ (4) counties. The Counties ackno4rledge that the effect of this section will be .. that. any _of,.the four_ {4) Board of_ County _.. Commissioners may reduce the total budget- without the" consent -of-- ---- the other counties and that the-lowest approved total .budget.:. ~_ _ shall be deemed to be the total budget approved by the Counties. _Z_ B K 81'7 easfi585 aoaK664 PAGE2~~O i,~ o. R. $31 PG 0205 ~~ •~~ ~ ".EE °s~oK 365 PACE1843 SECTION 2. DIVISION OF OPERATING EXPENSE. (a) For the period from October 1, 1988, through September 30, 1989, the Counties agree to prorate each County's share of the Court Administration budget as follows: County Share of Expenses Indian River 516,320.00 Martin $17,216.00 Okeechobee S 5,376.00 St. Lucie 525,088.00 (b) RECALCULATION. The •Counties agree to recalculate the division of rental and operating expenses April 1 of every year during the term of this Agreement beginning in 1989 by using the population projection/pro,jections prepared by the University of Florida which are updated annually. Each County's share shall be established by dividing the population of each County by the population of ail the Counties. The recalculation shall be effective on the following October 1. SECTION 3. PAYMENT AND ACCOUNTING OF EXPENSES. The parties agree that the expenses. for tl~e Counties' portion of the Court Administration budget shall be paid as follows: (a) Charges will be billed and mailed directly to Dixon's office. Appropria-e employees of Dixon's will check the bills for accuracy. (b) Each individual County shall send its portion of the expenses to Dixon cn or before October 31 for each year that the agreement i5 in effect. (c) Dixon shall deposit all monies received from the Counties into a separate account established by Dixon. (d) Dixon shall be responsible for processing payment for all expenses and payments pertaining to,the Counties share of the f,.. ~,. Court Administration budget. Dixon agrees to include the " separate account referenced in his annual audit. (e) Any excess monies remaining at the end of each fiscal '~ year shall be prorated and returned to the Counties.------ ~ -------- boor Si7 PAr,Fi58S BQOK 664 PACF2~~ 1 _ 3 l~'C O. R. 831 P6 0206 • ':.~ ,. _ ~~ =E ~ ~ao~ 365 ~acE1844 . ~ _. (f) The costs set forth above shall be applied to the wages of the employees plus the employer's State of Florida Retirement System contribution, FICA, and health insurance for each of the employees. In addition, travel and per diem £or the Deputy Court Administrator, office supplies for the employees and a contingency fund will also be paid from the above contributions. The employees shall be considered employees of the Clerk for the purposo of sick leave and vacation policies. SECTION 4. MISCELLANEOUS PROVISIONS. (a) Any alteration, variation, modification, extension, renewal, or waiver of the provisions of this Agreement shall be valid only when reduced to writing, duly authorized and signed, by all parties, and attached to the original. (b) In the event of litigation regarding this Agreement, the prevailing party shall be entitled to payment from the defaulting party cf all court costs and reasonable attorneys' .fees incurred in the action. (c) To the extent permitted by law, this Agreement shall be binding~on the parties hereto, their successors and assigns. (d) This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or Agreements, either verbal or written, between the parties hereto. (e) The Agreenent may only be amended by a written document signed by a21 parties and f11ed with the Clerks of the Circuit Court of Indian River County, Martin County, Okeechobee County and St. Lucie County, Florida. (f) This Agreement can be cancelled upon giving twelve (12) months prior written notice before the beginning of the next fiscal year by Geiser, Dixon or any one (1) of the four (4) Counties. The termination of this Agreement shall not require - .refund of any monies collected by Geiger pursuant to this Agreement. (g) This Agreement shall be•filed with•the Clerks of-the - Circuit Court "of.Indian.River,.Martin"County, OkeeChobee_.County - and St. Lucie County.. Florida, prior to its effectiv~s~,•il pf~~c1587 BOOK ZS -4- BOaK664 PACC2332 J~PC O.R. 831 PG 0207 ,^ ~~ . ~ ~ ~ ~ ~ ~ ~ecx X05 eac~184~ (h) All of the parties agree to cooperate and participate in an effort to ottain state funding for the services covered by this Agreement. SECTION 5. NOTICE. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified or regj.sterF:d mail, return receipt requested, first class, postage prepaid and addressed as follows: IF TO GEIGER: With a copy to: Honorable Dwight L. Geiger Chief Judge Nineteenth Judicial Circuit of Florida P. O. Box 2160 Stuart, Florida 34995-2160 IF TO COUNTZES: With a Copy to: St. Lucie Cour_ty Administrator Indian River County 2300 Virginia Avenue, Room 104 Administrator Fort Pierce, Florida 34982 1840 - 25th Street Vero Beach, Florida 32960 Martin County Administrator 2401 S.E. Monterey Road Stuart, Florida 34996 Okeechobee County Attorney 304 N.W. Second Street Okeechobee, Florida 34972 IF AS TO DIXON; With a copy to: Clerk of Circuit Court St. Lucie County Finance St. Lucie Coun-y, Florida Director St. Lucie County Courthouse St. Lucie County Annex 221 South Indian River Drive 2300 Virginia Avenue Fort Pierce, F'_orida 33482 Fort Pierce, Florida 34982 IN WITNESS WHEREOF the parties have executed this Agreement by their duly authorized officials on the dates stated below. WITNES Dwight L. Geiger Date: {~~/ ~~~ (SEAL) _ ooK 817 PArF1588 ~oox664 pA~f2333 -5- i~C o. R. 831 P6 o2as a~. - oco~ ~3Q5 PacE1846 ATTEST: ~/ ~!`~ . ~~ Cl rk :: ~ . ,'~ r . ~j f~ ~~ , (s'~,~_- ,.~ t-rt ~ a -!_ a t t. 't :.-F' ~: INDIAN RIVER COUNTY, FLORIDA BY: f~ ~~NJ irman, Board of Co ty Commissioners Date: 3~j /99~ APPROVED AS TO FORM AND CORRECTNESS: C\~Q~~ ~,~ t ~ ~l l _ _ '0~+~.. ~~ County Attorney ATTEST: ~-~Gun. Clerk (SEAL) ATTEST ::,- ~ - ~ , ~ ~ ;1 - " (SEAL) . `:'r; ; ;: '. . ~~;': ` ., r, 1' . , ` ~;~( 1~1~t,, '~ b x r3' `;ni j ~~ ~. i 3' ~` is- tittlt/tS{{7 / 1f4 ~ th~~~t. ,11 Y* r . IJ J ` ~~ 1 ~ .~ ,(X ~~~ " ~ 1 ~6 '~~ ~. ~, ~. ,_ • ,: ~~ t,(i~i{ ~i. Y ~~}}~Y ' - r i,.-s~'.. .arc * , ^~`r 1 , wx 1 ~ `, T , . ki r nr~~r,•nlll~ ~; ::. _ .. fir.: MARTIN COUNTY, FLORIDA Chairman, Board of County "C~ommissionperps Date: /~ZLa~r 3 ~ ~/0 APPROVED AS TO FORM AND CO TNESS: ''if County Attorney OKEECHO~BE~E CO~UJNTY, F IDA By~~Y2%af~v ~~ ' Chairman, Hoard of County Commissioners Date: ~ G4 ~ ~ / / 0~ APPROVED AS TO FORM AND CORRECTNESS: _ ~~G~ County Attorney BOON 664 PAGE~J~4 _6_ Boor 8i7 Par,F1S89 /k~ 0 R . .831 P6 o2os ' ' 1 M.... ST, LUCIE CO(7N-TY ,~~Ts R~S4'; E ~~ H rtr'. jY 5 ~ '~ ~ ~~. Vi 3j ~ ~~~ Ifs ~.~ ~~ 5 bI erk i ~, i, ~ c~~af(S `~~ ~ ~~,o~er~~ ,'„~ 7 ~ ~ U' 1 4 T/ t \5 lt,~ A ~~ {~ ~•y X4,1 {~y''Vu ~ } ~ ar y • Date: .f ~,~,~~. ~ rr `'~ ~ ~ ~~K`EE BCOK ~~~ PdGE~8~7 -.,.;.,af;... ,: :, rr~ ~~ ~ ; t~, , . s r f r~ ~ ~. APPROVID AS TU FOB, ~~ ~'~i ~ l,f" ~~• L Cozen y A y;: . ~~ i k~ .`may `, . CLERK OF THE CIRCUS yCQ{~'!~ ~~, :% ST , LOCIE COUNTX~ , F~OR~7~35$' ~ ~ ~~ '. ~., d ~ !N~Y' ~Y' f ~ 'a~ ~ u a ykr~;~,~~ ~~_~.;,~ ,~ ° . ~: ;. Hy:--~- ~ a--j-- Do glas Trfxo .~ - " ~~ ~. m n m, m ~ ~ r.: -,~ a ,~.r ~. ~~= : m cn - _~, : __`~ ~~~ -v _ .~~ ~. .,.fir i. - o ~ `~ N _ - -'- :; .`jam 1007688 ~ _ m ,~ ~ Z1 ~p ~.29 FllEp a5 plX t , , ~ ~ u~ -.~ a ~.,.., x- t nou~ UctiF ~.n Sl. L ,~~, ~; ~9 ~' ~ ~~ ~ - ~ r ~~'+ ~~noo ~m~~~~ ~' ~ o~o~ r v+~o ,~ ~ ~,~;~ ~ h l ~6 wn a 1 ~' 68 oaK 81 7 r'ar,E f,590 ~ ~ ~p~ 4 ~ ~~3 ° R 664 P~ 80°K °E23 35 -7- iRc~ , 0. R. 831 PG 0210 ~/'' AGENDA REQUEST C C) CI NT Y F L O R I D A TO: BOARp OF COUNTY COMMISSIONERS See attached memorandum SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Allied New Technologies -Second Amendment to October 4, 2007 Road Improvement Agreement; First Amendment to November 6, 2007 Escrow Agreement BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Second Amendment to the October 4, 2007 Road Improvement Agreement and the First Amendment to the November 6, 2007 Escrow Agreement and authorize the Chnir to sign the Second Amendment and the First Amendment COMMISSION ACTION: ~} APPROVED [ ]DENIED [ ]OTHER: pppro~ed 5-O r~ County Attorney: Dnniel 5. McIntyre Originating Dept. Finance: (Check for copy only, if applicable) ITEM N0. VI-B-6 DATE: October 13, 2009 REGULAR [] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals Management & Budget Purchasing: _ Public Works Dir: County Eng.: Eff. 5/96 C O U NT Y F L O R I D A INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 09-1296 PATE: October 5, 2009 SUBJECT: Allied New Technologies -Second Amendment to October 4, 2007 Road Improvement Agreement; First Amendment to November 6, 2007 Escrow Agreement BACKGROUND: Attached is a copy of a Second Amendment to the October 4, 2007 Road Improvement Agreement with Allied New Technologies, Inc. for certain road improvements in St. Lucie County. The Second Amendment extends the time to complete the road improvements to July 7, 2010 due to permitting delays. The Second Amendment also proposes to reduce the required security from $531,788.51 to $385,270.13 based on actual bid prices. Also attached is a proposed First Amendment to the November 6, 2007 Escrow Agreement which reduces the required security as set out above. RECOMMENDATION/CONCLUSION Staff recommends that the Board approve the Second Amendment to the October 4, 2007 Rond Improvement Agreement and the First Amendment to the November 6, 2007 Escrow Agreement and authorize the Chair to sign the Second Amendment and the First Amendment. Respectfully submitted,_ 4 '~ 't,,~ n ~ ! ;~ ~ ~-~, Daniel S. N County Att DSM/caf Attachments r ~~ SECOND AMENDMENT TO OCTOBER 4, 2007 ROAD IMPROVEMENT aGREEMENT THIS SECOND AMENDMENT TO OCTOBER 4, 2007 ROAD IMPROVEMENT AGREEMENT, is entered into this day of , 2009, by and between ALLIED NEW TECHNOLOGIES, INC. (the "Developer"), and ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County"). WITNESETH: WHEREAS, the Developer is commencing proceedings to develop land in St. Lucie County; and WHEREAS, the Developer proposes to construct certain road improvements to the satisfaction of the County; and WHEREAS, the parties entered into a Road Improvement Agreement on October 4, 2007; and WHEREAS, the parties entered in#o a First Amendment to the Agreement on October 7, 2008, to extend the time for the improvements to be completed; and WHEREAS, the parties now desire to further extend the time for completion of required road improvements to July 7, 2010 and to reduce the amount of the required security from $531,788,51 to $385,270.13 based on actual bid prices. NOW THEREFORE, in consideration of the mutual promises contained herein, the Developer and County agree as follows: read: Paragraph 1 "Completion of Required Rond Improvements/Ownership" is amended to COMPLETION OF REQUIRED ROAD IMPROVEMENTS/ OWNERSHIP. The Developer agrees to satisfactorily complete the required improvements (the "Improvements"}for the above referenced development on or before July 7, 2010 according to the construction plans approved by the County Engineer. The improvements are more particularly set forth on those certain plans drawn by the Developer's engineers, Culpepper & Terpening, Inc., Sheet TL-1 dated August 7, 2007. Upon completion, the ownership of the Improvements shall be conveyed to the County by Bill of Sale free and clear of all liens and encumbrances, Paragraph 2 "Security" is amended to read: 2, SECURITY. The Developer agrees to provide the County with security in the form of a monetary deposit to be held in escrow in an 5:\ATTY\AGREEMNT\2a-AlliedNewTech.wpd -1- interest-bearing attorney trust account acceptable to Developer and the County Attorney in the amount of three hundred eighty-five thousand two hundred seventy and 13/100 ($385,270,13} dollars representing 115% of the estimated cost of the improvements ns submitted by the Developer's engineer and approved by the County Engineer. Interest shall be credited and paid to Developer. This amount includes the fifteen percent (15%} to be retained for a period of one (I}year and thirty (30) days from the dote the improvements are conditionally accepted by the S.t Lucie County Board of County Commissioners to provide for maintenance of the improvements and to indemnify and save the County harmless from any and all costs necessary to repair or replace any part or portion of the Improvements occasioned by faulty engineering, workmanship, or materials. 3. Except as amended herein, the remaining terms and conditions of the October 4, 2007 Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed these presents on the dates indicated below. The date of this Second Amendment to the October 4, 2007 Road Improvement Agreement shalt be the date on which this Amendment is approved by the Board of County Commissioners. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ~- , i '~ 5:\ATTY\AGREEMNT\Za-AlliedNewTech,wpd -2- ALLIED W TECHNOLOGIES, INC. BY: Print Nn ? ~ ~-a~~- Title: ~rt,`de~ ~'~o FIRST AMENDMENT TO NOVEMBER 6, 2007 ESCROW AGREEMENT THIS FIRST AMENDMENT to November 6, 2007 Escrow Agreement is entered into this day of , 2009, by and between IRWIN M. FROST, P.A. ("Escrow Agent"), ALLIED NEW TECHNOLOGIES, INC. (the "Developer"}, and ST. LUCIE COUNTY, a political subdivision of the State of Florida (the "County"), WITNESSETH: WHEREAS, the Developer is commencing proceedings to develop land in St. Lucie County; and WHEREAS, the Developer proposes to construct certain road improvements to the satisfaction of the County; and WHEREAS, the parties entered into n Road Improvement Agreement on October 4, 2007; and WHEREAS, the parties entered into a First Amendment to the Road Improvement Agreement on October 7, 2008, to extend the time for the improvements to be completed; and WHEREAS, the parties entered into a Second Amendment to the Road Improvement Agreement to extend the time for the improvements to be completed and to reduce the amount of security required; and WHEREAS, the parties now desire to amend the Escrow Agreement to reduce the amount of the required security. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Developer and County agree as follows: 1. Paragrnph 1 is amended to read: 1. Escrow Agent hereby acknowledges the receipt of $385,270.13 from the Developer (hereinafter known as the "Funds"). 5'.\ATTY\A6REEMNT\Allied-Escrow Agmt-lA.wpd '1' 2. Except as amended herein, the remaining terms and conditions of the November 6, 2007 Escrow Agreement shall remain in full force and effect. Allied New Technologies, Inc. (beveloper} By: ~-.~- Name: i Q a~w~ Title: President Irwin M. Frost, P.A. (Escrow Agent) ~--- ~~._. By: Nnme: ~ _ f~- ,, ~ s -~ -, _ Title : •1 ~" ~~ ~ ATTEST: Deputy Clerk TAX I.D. # 33 - n?1-~ y ~- St. Lucie County (County), by its: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS BY: County Attorney 5:\ATTY\AGREEMNT\Allied-Escrow Agmt-lA.wpd -2- ~sa~ r ~ . - _~ ~ ~ _ AGENDA REQUEST ~~,. TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B-7 Date : October 13 , 2009 Regular [ Public Hearing [ J Consent [X J PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: FBO Fort Pierce, L.L.C. -Approval of Financing by Florida Development Finance Corporation (FDFC) pursuant to Resolution No. 09-0301, and Consent to Assignment of Lease from Volo Holdings Fort Pierce, L.L.C. to FBO Fort Pierce, L.L.C. BACKGROUND: See C.A. No. 09-1302 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve Resolution No. 09-0301 and consent to the assignment of the lease agreement with Volo Holdings Fort Pierce, L.L.C. to FBO Fort Pierce, L.L.C., and authorize the Chair to sign the necessary documents, subject to approval as to legal form and correctness by the County Attorney. COMMISSION ACTION: ~ APPROVED [ ]DENIED [ ]OTHER: pppro~ed 5-O CONCURRENCE: ~-"~ Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures _. j, County Attorney: ~''~~`' Mgt. & Budget: Purchasing: Dnniet 5. McIntyre Oricinating Dept `~+~ ° - -- Other : Other Diana Lewis Fir:cnce (Check for Copy only, if applicable): INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 09-1302 DATE: October 5, 2009 SUBJECT: FBO Fort Pierce, L.L.C. -Approval of Financing by Florida Development Finance Corporation (FDFC) pursuant to Resolution No. 09-0301 and Consent to Assignment of Lease from Volo Holdings Fort Pierce, L.L.C. to FBO Fort Pierce, L.L.C. BACKGROUND: On April 24, 2007, the Board of County Commissioners consented to the assignment of the fixed base operator lease agreement with B & E Houck Enterprises, Inc. to Volo Holdings Fort Pierce, L.L.C. On November 27, 2007, the Board adopted Resolution No. 07- 0378 which authorized the issuance of not to exceed $37,500,000.000 of industrial revenue bonds by the Florida Development Finance Corporation (FDFC) to .finance the acquisition, construction and improvement of the leased premises by Volo and approve an interlocal agreement between the County and FDFC in con junction with the issuance of the bonds. As set forth in the attached letter from Airport Property Partners, L.L.C., Volo now intends to sell the business and leasehold to FBO Fort Pierce, L.L.C. A copy of a proposed Consent Agreement providing the County's consent to the assignment of the lease to FBO Fort Pierce, L.L.C. is also attached. The Consent Agreement appears acceptable as to legal form and correctness. FBO Fort Pierce, L.L.C. intends to finance the purchase and further improvements to the leasehold with revenue bonds issued by the FDFC in an amount not to exceed $16,000,000.00. Attached to this memorandum is a copy of proposed Resolution No. 09- 301 which authorizes FDFC to issue the bonds. The resolution has been reviewed and approved as to legal form and correctness by the County's bond counsel. A pro ject summary from the FDFC is also attached. RECOMMENDATION/CONCLUSION Staff recommends the Board of County Commissioners approve Resolution No. 09- 0301 and approve the Consent Agreement for the assignment of the lease agreement with Volo Holdings Fort Pierce, L.L.C. to FBO Fort Pierce, L.L.C., and authorize the Chair to sign the necessary documents, subject to approval as to legal form and correctness by the County Attorney. Respectfully submitted, ~~`.,~ ~_ Heother Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Airport Director Finance Director Management and Budget Director Airport Property Partners LLC 95B Rowayton Avenue Rowayton, Connecticut 06653 203-381-6018 September 23, 2009 Diana D Lewis Director St. Lucie County International Airport 3000 Curtis King Boulevard Fort Pierce, Florida 34963 Dear Diana: ~~~-~i~~ SEP 2 4 2009 g ~l~~~C7~T As we discussed this morning, Airport Property Partners LLC (APP) has agreed to purchase the Volo FBO assets currently owned by an affiliate of Merrill Lynch & Company. I am writing to begin the process of a request for consent to transfer the ground lease to a wholly owned affiliate of APP. This letter will provide you with background on the transaction and our relationship with Merrill and the Fort Pierce FBO asset. Background In November 2006, Volo Facilities LLC entered into a joint venture agreement with an affiliate of Merril] Lynch to form an entity for the purpose of acquiring FBO assets nationwide. The joint venture entity was called FBO Company LLC. Volo Facilities was the manager of the entity, however Merrill Lynch was the majority owner, as well as provider of debt financing for the acquisition platform. From February 2007 through December 2007, FBO Company acquired five FBO's, in California, Texas and Virginia. We also acquired two Florida assets, in Sarasota and the Fort Pierce FBO, which was acquired in May 2007. As you know, Merrill Lynch began to experience significant financial and management issues during December 2007, ultimately culminating in their acquisition by Bank of America a year later. Early in 2008, Merrill Lynch informed Volo that they would no longer provide debt financing to the entity, and they would not extend their commitment to continue to provide equity financing. The resulting lack of capital ended the acquisition of FBO's by FBO Company, and put considerable financial pressure on us. As a result, all capital investment and acquisition that had not been already funded came to a close. Fortunately, Merrill funded the three new hangars adjacent to the control tower in advance; however all additional capital investment at Fort Pierce has since stopped. In October 2008, Merrill informed Volo Facilities that it wanted to consolidate all of its aviation operations into a single platform. Since such a transaction would require Volo's consent as Manager of the company, Merrill bought out Volo's minority interest in the company, and Volo thereafter became manager only of the assets, without direct financial investment. In July 2009, Airport Property Partners reached an agreement with Merrill to purchase back 100% of Merrill's interest in the FBO Company FBO's. We are about to execute the purchase contract with Merrill, which, of course, will be subject.to consent of the Airport. Background On Airport Property Partners When FBO Company was formed in 2006 I was in charge of the asset acquisition and finances for the Company. In 2007, I became the Company's President, with responsibility for all FBO and Part 135 activity. In October 2008, shortly after Merrill reacquired the Volo interest in the FBO's, I formed Airport Property Partners LLC to fund the acquisition of FBO's, including those that we managed on behalf of Merrill. The acquisition of the original Volo FBO's is the first transaction we are working on, to rebuild awell-capitalized platform from which to move forward. The financial backing of APP consists of a group of high net worth individuals, along with aConnecticut-based investment management firm. I am the Managing Member of APP. The accounting and human resource functions will continue to be handled out of Connecticut, as at present, and Chris Hambleton and his staff will continue to run the FBO as they do now. The same will be the case for the other FBO's. We are not doing this to consolidate, downsize or reduce staff at any of the facilities. We do not anticipate any changes in the management of the individual FBO's. The Volo brand name will, in all likelihood, be changed, as APP is not the owner of the Volo name. Proposed Transaction I have enclosed a form of consent to the transfer of the ground lease from Volo Holdings Fort Pierce LLC, the current Lessee under the ground lease to FBO Fort Pierce LLC, which will become the ground lessee upon the acquisition. FBO Fort Pierce will be a wholly owned affiliate of APP. This form is subject to review by some of the participants on my side; however, I don't expect anyone to have any material comments. Of course, we anticipate that you will have some comments, and we will be pleased to discuss them with you. I anticipate that the acquisition deal will close during November. Receipt of the consent will be required for us to complete the transaction. As you will notice, the consent does not anticipate any changes to the ground lease in term, rent, or otherwise. Further, as we discussed, we are willing to provide funding for the runway project. Thank you for your consideration of this request. We will follow up with whomever you designate, and will provide you with any information you request to help in the process. I can be reached at any time in my office (203 299 6110) or on my cell (203 246 7686). Please call me whenever convenient. . Managing Member Airport Property Partners LLC CONSENT AGREEMENT THIS CONSENT AGREEMENT (this "Consent Agreement") is made this _ day of 2009, by and between St. Lucie County, a political subdivision of the State of Florida ("Ground Lessor") FBO Fort Pierce LLC, a Delaware limited liability company, ("Tenant") and Wells Fargo Bank, a national banking association ("Master Trustee "), as Master Trustee under the Master Indenture (defined below}. W ITNESS ETH WHEREAS, Ground Lessor owns and operates St. Lucie County International Airport located in the City of Fort Pierce in the State of Florida (the "Airport"); WHEREAS, pursuant to that certain Purchase and Sale Agreement dated , 2009 by and between Tenant and Volo Holdings Fort Pierce LLC, a Delaware limited liability company ("Assignor"), as current tenant under that certain Amended and Restated Lease Agreement between Ground Lessor and B&E Houck Enterprises, Inc, as amended by that certain First Amendment to Amended and Restated Ground Lease dated September 12, 2006 and as further amended by that certain Ground Lessor Consent dated April 24, 2007, and as further amended by Second Amendment to Amended and Restated Ground Lease dated 2007 (collectively, the "Ground Lease"), Assignor has agreed to transfer Assignor's interest in the Ground Lease to Tenant ("Assignment") . WHEREAS, in connection with the issuance by the Florida Development Finance Corporation of FBO Special Facilities Revenue Bonds, Series 2009 (Fort Pierce Project) (FBO Obligated Group), the Tenant will enter into a Master Trust Indenture, as amended by a First Supplemental Master Trust Indenture (collectively, the "Meister Indenture ") with Master Trustee and a group of affiliated entities (together with the Tenant, the "Obligated Group") each financing projects at various airports with bonds issued contemporaneously with the Bonds (the "Bond Financing"); WHEREas, Tenant desires to encumber its leasehold interest in the Ground Lease by granting to Master Trustee one or more leasehold mortgages to secure the obligations of the Tenant and the joint and several obligations of the Obligated Group under the Master Indenture (together with the Bond Financing, the "Financing"); WHEREas, Tenant has requested that Ground Lessor enter into this Consent Agreement with Tenant concerning the Financing and Assignment; and Vvi~EREas, the Ground Lease provides that Tenant may mortgage its leasehold interest subject to obtaining the prior consent of Ground Lessor, which consent shall not be unreasonably withheld, conditioned or• delayed, provided that, that any leasehold mortgage shall be specifically subject and subordinate to Lessor's rights under the Ground Lease. WHEREAS, Ground Lessor has agreed to consent to the Assignment and the Financing as set forth herein Nc~w, TrI~:aEr~or:E, in consideration of the premises and mutual covenants hereinafter contained, the parties below, intending to be legally bound, hereto mutually covenant and agree as follows: SECTION 1. CONSENT. A. Ground Lessor hereby consents, subject to the following terms and conditions, to the Assignment and mortgaging of Tenant's leasehold interest to secure the obligations of the Tenant and the Obligated Group in connection with Financing. Ground Lessor hereby consents to the recording of the leasehold mortgage in connection with the Financing and agrees that Master Trustee is hereby deemed a "Lender" under the Ground Lease and shall succeed to all rights and interests of Merrill Lynch Mortgage Capital, Inc. as a Lender under the Ground Lease. B. The Financing shall not operate to release or discharge Tenant from any liability arising under the terms, conditions and covenants of the Ground Lease. C. The Financing shall be a lien on Tenant's leasehold estate only, and shall not otherwise affect the fee title of the Ground Lessor and the interest of the lienholder shall be subject to rights and remedies of the Ground Lessor under the Ground Lease. D. The Financing and the rights of the Master Trustee shall be freely assignable, and such assignment or assignments shall not be deemed to be in violation of any of the terms hereof. No mortgagee or beneficiary, as such, shall be deemed a Tenant or transferee of the Ground Lease or of the leasehold estate so as to require such mortgagee or beneficiary, as such, to assume the performance of any of the terms, covenants, or conditions on the part of Tenant to be performed hereunder. E. Ground Lesso-• hereby releases Assignor from all obligations under the Ground Lease except as to any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life or damage to property or any violation of any state or municipal law or ordinance, or other cause in connection with the negligent or intentional actions or omissions of Assignor that occurred prior to the Assignment. Section 2. MISCELLANEOUS. A. This Consent Agreement may not be changed, modified, discharged or terminated except in writing executed by Tenant, Master Trustee and Ground Lessor, their respective successors or assigns, expressly so doing. B. Ground Lessor does not have actual knowledge, as of the date hereof, of any existing default by reason of any act or omission of the Ground Lessor or Tenant, and Ground Lessor has no actual knowledge of any event that has occurred as of the date hereof that authorizes or, with the lapse of time, will authorize Ground Lessor to terminate the Ground Lease. -2- C. At the request of Tenant, Ground Lessor shall provide to Tenant and Master Trustee a then current estoppel certificate in connection with Tenant's acquisition of Tenant's rights and obligations under the Ground Lease. D. This Agreement shall be binding on and inure to the benefit of Assignor, Master Trustee, Tenant, Ground Lessor and their respective successors and assigns. E. Ground Lessor acknowledges that all provisions in the Ground Lease applicable to "Lender" continue to apply to Master Trustee and any subsequent mortgagee or lender. F. In the event of a conflict between the provisions of this Consent and any other provisions of the Ground Lease, the provisions of this Consent shall control. G. This Agreement shall not be binding on any party hereto unless and until it has been executed by all parties hereto. This Agreement may be executed in counterparts, which when taken together, shall constitute one Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT 13LANK, SIGNATURF. PAGE'TO FOLLOW -3- Itv WITt~1ESS WHEREOF, the parties hereto have caused this Consent Agreement to be executed by their duly authorized officers, as of the date and year first written above. By: ST. LUCIE COUNTY , as Ground Lessor By: Name: Title: FBO FORT PIERCE LLC, a Delaware limited liability company, as Tenant Name: Title: By: WELLS FARGO BANK, a national banking association, as Master Trustee Name: Title: -4- RESOLUTION NO. 09-301 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA APPROVING FOR THE PURPOSES OF SECTION 1470 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, THE ISSUANCE OF NOT TO EXCEED $16,000,000 OF INDUSTRIAL DEVELOPMENT REVENUE BONDS BY THE FLORIDA DEVELOPMENT FINANCE CORPORATION TO FINANCE AN AIRPORT FACILITY LOCATED IN ST. LUCIE COUNTY ON BEHALF OF FBO FORT PIERCE, LLC; AND PROVIDING AN EFFECTIVE DATE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS (THE "BOARD") OF ST. LUCIE COUNTY, FLORIDA: Section 1. Findings and Recitals. It is hereby found, ascertained, determined and declared: A. The Florida Development Finance Corporation (the "Issuer") was created by the Florida Development Finance Corporation Act, Chapter 288, Part IX, Florida Statutes (the "Act"), which provides, in part, that the Issuer may issue revenue bonds to finance projects in St. Lucie County, Florida (the "County"), for the benefit of approved Florida businesses to enhance the economic development of the State of Florida (the "State"), provided that the Issuer has entered into an interlocal agreement with the local governmental agency in which the project will be located; and B. The Issuer and the County have previously entered into an interlocal agreement, pursuant to the Act and the Florida Interlocal Cooperation Act of 1969, as amended (to the extent that the exercise of such powers is consistent with-the purposes of the Act), which agreement remains in full force and effect, to permit the Issuer to issue revenue bonds to finance projects located within the jurisdictional limits of the County; and C. The Issuer intends to issue revenue bonds in an amount not to exceed $16,000,000 to finance or refinance the cost of acquiring, constructing, renovating, rehabilitating and improving leasehold improvements to certain airport facilities, including but not limited to such facilities leased by FBO Fort Pierce, LLC, a Florida limited liability company, or an affiliate, subsidiary. or related entity thereof (collectively the `'Company") from the County and located at 2982 Curtis King Boulevard, Fort Pierce. Florida (the ``Project"); and D. The Internal Revenue Code of 1986, as amended (the "Code"), requires that the Board, as the highest elected body of the County, approve the issuance of the bonds by the Issuer after a public hearing has been conducted; and E. Notice of a public hearing conducted by the Issuer, as evidenced by the attached Exhibit A, was given in the form and manner required by law. as published in the St. Lucie News Tribtu~e, a newspaper of general circulation in St. Lucie County, Florida on September 29, 2009, aS I ~!-b`~97-1716. I 79753/CN)0'_ affording interested individuals a reasonable opportunity to express their views both orally and in writing, on all matters pertaining to the proposed Project and the proposed issue of bonds; and F. An extract of the minutes of the public hearing held by the Issuer on October 14, 2009, containing all comments and concerns, expressed orally and in writing, are attached hereto as Exhibit B; and G. The Issuer has requested that the County approve the issuance of the bonds so that the bonds may be issued in compliance with the provisions of the Code; and H. It is desirable and in the best interest of the County that the Project be located within the County and that the proposed bonds for the financing of the Project be approved by the Board. Section 2. Approval of Bonds. Solely for the purposes of Section 147(f) of the Code, the Board hereby approves the issuance of the proposed bonds by the Issuer and the use of the proceeds to finance the proposed Project to be located within the County. The Board makes no representation as to the creditworthiness of the Company, the feasibility of the Project, the status of the bond or the interest thereon under the Code, or the nature and adequacy of the proposed source of and security for repayment of the bonds. Section 3. Limitation. The bonds approved hereunder and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of the County, the State or any political subdivision or agency thereof but shall be payable solely from the revenue pledged therefor pursuant to a loan agreement and/or other financing agreement entered into by the Issuer prior to or contemporaneously with the issuance of the bonds. The approval given herein is solely for the purposes of Section 147(f) of the code and shall not be construed as an approval of any zoning application or any regulatory permit required in connection with such Project nor creating any vested rights with respect to any land use regulations, and this Board shall not be construed by virtue of its adoption of this Resolution to have waived, or be estopped from asserting, any authority or responsibilities it may have in that regard. Section 4. Repealing Clause. All restrictions or resolutions or portions thereof in conflict herewith are, to the extent of such conflict, hereby superseded and repealed. Section 5. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this _ day of ATTEST: 2009. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR 48146997-171 b. I 2 39753/000? PROJECT SUMMARY FOR FLORIDA DEVELOPMENT FINANCE CORPORATION ENTERPRISE BOND PROGRAM Applicant FBO Fort Pierce, LLC Airport Property Partners, LLC 325 Main Street Stratford, CT 06615 IDB Application Amount $16,000,000 TEFRA Interlocal St. Lucie County Jurisdiction Principal Operating Officer Thom Harrow and Primary Contact Managing Director 325 Main Street Stratford, CT 06615 Telephone: 203 -3 81-6018 Fax: 203-380-9151 thom~voloaviation.com Company Information Airport Property Partners (APP) is a full service private aviation charter, maintenance and management company. In addition to managing a fleet of aircraft on behalf of a national base of aircraft owners and charter customers, APP is developing a chain of fixed base operations which will provide fueling, storage, and maintenance services for aircraft that APP manages and aircraft used by the general ublic. Project Information APP is planning on acquiring assets held by a unit of Merrill Lynch and use part of the bond proceeds to refurbish and upgrade the current site. Employment The project is expected to create 5 additional full-time jobs and 3 additional part-time at the St. Lucie facility. The Florida Development Finance Corporation Tax-Exempt Bond Financing Program Application Appendix A Projected Cost impact As described in Appendix B, following, the Project consists of the acquisition of a Fixed Base Operation (FBO) at St. Lucie County International Airport in Fort Pierce. The property is being sold to Airport Property Airport Property Partners LLC ("Airport Property Partners") by a unit of Merrill Lynch & Company. A management company that operates the Project on behalf of Merrill Lynch currently employs members of Airport Property Partners, and Airport Property Partners is buying the asset in contemplation of improving its operations and further developing it. FBO's are essentially service centers for general and business aviation, which are aircraft operations for other than scheduled air carriers. FBO's provide fuel to such aircraft along with storage space and related services. The business aviation industry is an integral part of any business community, and it has been shown that the ready availability of airports and services for business aircraft is a priority element in maintaining businesses and attracting new ones. The Airport is currently home base for over 25 small aviation-related businesses and 186 aircraft, including 75 twin engine and jet aircraft, the primary equipment used in business aviation. The FBO to be acquired, which is currently branded as Volo Ft. Pierce, employs 20 full time personnel, and provides approximately 1.0 million gallons of aviation fuel to based and transient aircraft at the Airport. The facility also provides approximately 250,000 square feet of hangar space to these aircraft and aviation businesses, including to aircraft repair and maintenance stations, refurbishment facilities, engine testing facilities, avionics suppliers and charitable organizations operating aircraft for rescue and humanitarian organizations. For example, the Project provides hangar space, office space and fuel to air ambulance services that service St. Lucie County generally. Merrill Lynch acquired the facilities in 2007. Due to financial difficulties experienced by Merrill Lynch commencing in 2008, the Project has received an insufficient amount of capital for maintenance and development of new facilities. Airport Property Partners plans to address these issues, including through $1,200,000 of rehabilitation and the addressing of deferred maintenance, in part from the proceeds of the proposed bonds. Finally, the Airport, and the Project, provide the northernmost point of US Customs services on a 24 hour a day basis for aircraft returning to the US mainland from nearby Caribbean destination islands. The Airport and the Project are engaged in various marketing campaigns that encourage private aviation users returning from such destination to use this St Lucie County destination as their location for clearing US Customs, and a significant amount of its customers are such travelers. By buying fuel at the Airport (for which the Project pays the County a fueling fee) and using the Project's restaurant and other facilities (which generate sales and other taxes for the County) the Project will continue to provide revenue to the local economy. The Florida Development Finance Corporation Tax-Exempt Bond Financing Program Application Appendix B Projected Description The Project consists of the acquisition of the leasehold and improvements of an FBO at St. Lucie County International Airport in Ft. Pierce, along with the provision of $1.2 million of capital for needed maintenance, refurbishment and upgrading of facilities. The Project site consists of 85 acres of land adjacent to the primary runway at the Airport, on which are located 22 buildings with approximately 250,000 square feet of hangar and storage space. The Project also consists of an FBO terminal and restaurant, which provides travel service, fueling and food for both owners of based and transient aircraft and airport employees. In 2008, the Project generated approximately $5.imillion in sales, and sold in excess of 1.0 million gallons of aircraft fuel. In 2007, the Project was acquired by an affiliate of Merrill Lynch & Company. Volo Facilities LLC currently manages the Project, which is branded as a VoIo Aviation facility. Employees of Volo Aviation are members of the entity that will be acquiring the Project from Merrill Lynch. As is widely recognized, during 2007 Merrill Lynch and other financial services firths experienced unprecedented economic difficulties. As a consequence of these difficulties, Merrill Lynch has been unable to provide capital or management time to the development of the Project or to its maintenance. Airport Property Partners, the acquiring entity, is solely focused on the development and management of FBO's, and has the capital and management skills to maintain the quality of service at the Project going forward. Audited financial statements for the FBO are not available on an unconsolidated basis. Attached at Appendix C are the unaudited financial statements of the Project, taken from the consolidated audit, for the year ending December 31, 2008, and for the twelve months ended July 31, 2009. The acquisition of the Project is being carried out with the simultaneous acquisition by Airport Property Partners of three other facilities owned by Merrill Lynch in Sarasota, Florida, Manassas, Virginia and Hayward, California. In combination, these four facilities sold 3.5 million gallons of fuel in the most recent twelve-month period, and generated sales in excess of $15.0 million. The proposed bonds will be secured on a joint basis through a leasehold mortgage on the assets at all four locations and, pursuant to a Master Trust Indenture, will be secured by the revenues of all facilities as well. The proposed capital improvements will primarily consist of funds used to upgrade office and administrative space, provide for refurbishment and fitting out of tenant space in existing hangars, and similar items. Foreign Account Number Ad # 2064037 Ad Net Cost $272.93 Name (Primary) Company (Primary) ENTERPRISE, FL, INC Street 1 (Primary) 800 NORTH MAGNOLIA AVE City (Primary) ORLANDO State (Primary) FL ZIP (Primary) 32803 Phone (Primary) (407) 956-5696 Class Code 9424SC - Notice of Meeting Start Date 9/29/2009 Stop Date 9/29/2009 Prepayment Amount $0.00 Ad Sales Rep. 200 - Sherri Cipriani Width 2 Depth 113 FINANCE CORPORATION NOTICE OF PUBLIC MEETING AND HEARING o Whom It May Concern: or the purposes of Section 147(f) of the In- ternal Revenue Code of 1986, as amended, notice is hereby given that Florida Devel- opment Finance Corporation (the "Issuer") will hold a public meeting and hearing with respect to the proposed issuance and sale by the Issuer of not to exceed $16,000,000 of its Enterprise Bond Pro- gram Industrial Development Revenue Bonds (the '''Bonds") at a meeting to be held October 14, 2009, beginning at 1:00 p.m., or as soon thereafter as possible, at The Economic Development Council of St. Lucie County, Inc., 1850 SW Fountainview Boulevard, Suite 205, Port St. Lucie, FL 34986. ~he proceeds of the proposed Bonds will be used for the purpose of financing or re- financing the cost of acquiring, con- structing, renovating, rehabilitating and improving leasehold improvements to cer- tain airport facilities, including but not limited tc such facilities leased by FBO Fort Pierce LLC, or an affiliate, subsidiary or related entity thereof (the "Company") frcm the County and located at 2982 Curtis King Bouievard, Fort Pierce, Florida. (the "Project"). The Project will be operated by the Company. he proposed Bands will be a limited obli- gation o* the Issuer and will be payable solely from the payments made by the Company. An agreement between the Is- suer and the Company will provide for the payments by the Company sufficient to pay debt service on such Bonds when due. The orcoosed Bonds will be secured under an acre~ment whereby the Issuer will p;edae the payments by the Company for the bar :-". of the holders of the proposed 5onds. -^__ proposed Bonds will not be a general obligation of the Issuer and will not in anq way constitute a debt, liability or oofe~' .n of the State of Florida, St. Lu- ca Cou•- .Florida or any other political s_oc~,v:~, ~ cf the State of Florida. The proroseo 3cnds will not be payable from any tax o~ any other revenues of St. Lucie County. The public hearing will be conducted in a manner that provides a reasonable oppor- tunity for persons with differing views to be heard on both issuance of the Bonds and the location and nature of the Project. Any person desiring to be heard on this matter is requested to attend the public hearing or send a representative. Written comments to be presented at the hearing may be submitted to the Issuer at 800 North Magnolia Avenue, Suite 1100, Or- lando, Florida 32803, directed to the Ex- ecutive Director. Comments made at the hearing are far the consideration of the Is- suer, the Board of County Commissioners of St. Lucie County, Florida, and the Gov- ernor of the State of Florida. Persons are advised that, if they decide to appeal any decision made at this hearing, they will need a record of the proceedings, and for such purpose, they may need to in- sure that a verbatim record of the proceed- ings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act, persons needing a special accommodation to participate in this pro- ceeding should contact the Issuer no later than seven days prior to the proceeding at the address given in this notice or tele- ph on e: 14071 956-5696. Dated: September 29, 2009 Florida Development Finance Corporation By: Peyton Woodard, Executive Director Publish: September 29, 2009 2064037 ~ _. AGENDA REQUEST ~~ • ~ r ~~~~ ~~~~ P:. TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B8 Addition DATE: October 13, 2009 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ x ] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Facilities Use Agreement with the SLC Health Department BACKGROUND: See CA09-1328 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends the Board approve the Facilities Use Agreement . with the St. Lucie County Health Department COMMISSION ACTION: CONCURRENCE: [~ APPROVED [ ] DENIED __ __ [ ] OTHER: ~ ~ Approved 5-O 'Faye W. Outlaw, MPA County Administrator Review and Approvals r [X] County Attorney: - [ ]Management & Budget: [ ]Purchasing: [ ]Road & Bridge.: `~ )Parks & Recreation Director [ ]Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 09-1328 DATE: October 13, 2009 SUB7ECT: Facilities Use Agreement with the St. Lucie County Health Department BACKGROUND: The Health Department has requested the use of the Logistics Center to distribute the flu vaccination to the public. They would use the facility eight hours per day, two to four days during the business week and on Saturday, from October 23, 2009 through December 31, 2009. The Health Department will determine the schedule of hours in cooperation with County staff. The Health Department will notify the County of the schedule at least one week in advance, where possible. Attached is a draft Facilities Use Agreement which sets forth the terms of the lease. RECOMMENDATION/CONCLUSION: Staff recommends approval of the Facilities Use Agreement with the St. Lucie County Health Department. Respectfully submitt d, ;;"~ ~ ~~i ather Sperra a Lu~~ Assistant County Attorney FACILITIES USE AGREEMENT THIS AGREEMENT mode and entered into on this day of , 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to ns "County", and ST. LUCIE COUNTY HEALTH DEPARTMENT, hereinafter referred to as "Health Department". WITNESSETH: WHEREAS, the County owns a facility located at 3855 5. U.S. Highway 1, Fort Pierce, Florida, hereinafter referred to as the "Facility"; and, WHEREAS, the Health Department desires to use the Facility on a temporary basis as a vaccination clinic; and, WHEREAS, the County is willing to enter into this agreement with the Health Department to permit it to temporarily use the facility for a vaccination clinic. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. SITE The parties acknowledge and agree that the Facility shall be located nt 3855 5. U.S. Highway 1, Fort Pierce, Florida, and shall consist of a space in the Facility mutually agreed upon by both parties and set forth in Exhibit "A." USE OF FACILITY The Health Department shall use the Facility as a vaccination clinic eight hours per day, two to four days during the business week and on Saturday from October 23, 2009 through December 31, 2009. The Health Department will determine the schedule of hours in cooperation with County staff. The Health Department will notify the County of the schedule at least one week in advance, where possible. The County shall provide for necessary access to the Facility and shall allow the Health Department to leave the Facility pre- positioned/setup/staged during the term of this Agreement. The Health Department will supply its own security of the facility nt its own expense during hours of operation of the vaccination clinic. Any costs incurred by the County in connection with this Agreement shall be reimbursed by the Health Department. 3. TERM The term of this Agreement shall begin on the date written above and continue 5:\ATTY\AGREEMNT\FAC-USE\Henlth Department.doc -1- until December 31, 2009. Either party may terminate this Agreement without cause upon fifteen (15) days prior written notice to the other party. 4. PERSONNEL The Health Department represents that it has, or will secure at its own expenses, all necessary employees and volunteers required to perform the services under this Agreement. All employees employed by the Health Department shall not be employees of or have any contractual relationship with the County. 5. INDEMNIFICATION AGAINST CLAIMS The Health Department is and shall be an independent contractor and operator, responsible to all parties for its acts and omissions and the County shall in no way be responsible for such acts or omissions. To the extent provided bylaw, the Health Department shall and will indemnify and hold harmless the County from and against any and all liability, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and costs of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way connected with the use, occupation, management, or control of the Facility by the Health Department or its agents, servants, employees, customers, clients, patrons, or invitees, arising out of or in any way connected with the operation or conduct of any business or businesses of the Health Department or its agents, servants, employees, customers, clients, patrons, or invitees, whether in the Facility or on the premises, or resulting from injury to person or property, or loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement, in or about the Facility or the premises (except for injuries, damages or claims which are the result of the primary negligence of the County and for which the County is legally, directly, and primarily liable). The Health Department further agrees to undertake at its own expense the defense of any action brought against the County claiming damages arising out of, in connection with, or by reason of the Health Department's use of the Facility except that in the event the claim is finally determined to have arisen due to the negligence or acts of the County, the County agrees to reimburse the Health Department for the actual expenses incurred by the Health Department in defending the County. The County agrees to cooperate in any defense by the Health Department . Neither party waives sovereign immunity. This indemnification is not intended to provide a third party right or cause of action. 6. NO LIEN CREATED The Health Department covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of the County in and to the Facility under this Agreement, and that no third person shall ever be entitled to any lien, directly or indirectly derived through or under the other party, or its agents or servants, or on account of any act or omission of any other party. All persons 5:\ATTY\AGREEMNT\FAC-USE\Health Department.doc -2- contracting with the Health Department or furnishing materials or labor to the Health Department , or to its agents or servants, as well as all persons whomsoever, shall be bound by the provisions of the Agreement. 7. INDEPENDENT CONTRACTOR RELATIONSHIP All persons engaged in any of the work or service performed pursuant to this Agreement, with the exception of County employees, shall at all times, and in all places, be subject to the Health Department's sole direction, supervision and control. The Health Department shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Health Department's relationship and the relationship of its employees to the County shall be that of an independent contractor and not ns employees or agents of the County. In addition, the Health Department shall not have the power or authority to bind the County in any promise, agreement or representation other than specifically provided for in this Agreement. 9. INSURANCE The Health Department shall furnish County at the time of execution of this Agreement, n Certificate of Insurance evidencing existence of liability coverage with an insurer approved by the Insurance Commissioner for the State of Florida. In the event a claim is filed against a party for operations that are covered by the provisions of this Agreement, the party agrees to notify the other parties of the claim as soon ns possible but not later than thirty'(30) days after the party receives the claim, consideration being given to the form of the claim and the time limits within which answer must be served. 10. REPAIRS AND MAINTENANCE The County agrees at its expense to make all routine repairs to the Facility, including structural, air conditioning, electrical, plumbing, sewer conditions, and all other repairs that may be required to be made. The Health Department at its expense agrees to deliver to the County upon the termination of this Agreement, the Facility in a good state of repair and condition, ordinary wear and tear, and damage by the elements or fire excepted. Health Department shall return the space used to its original condition upon termination of this Agreement. The Health Department shall keep the Facility at all times in a clean and orderly condition and appearance and all of the Health Department's fixtures, equipment and personal property which are located on any part of the facility which are open or visible to the general public shall likewise be so kept and maintained. In the event that the Health Department fails in any material respect to so clean the Facility within a period of thirty (30) days after notice from the County to do so, or fails in any material respect diligently to pursue to completion such action, then the County may, nt its option, and in addition to any other remedies which may be available to it, clean all or any part of the Facility included in such notice, and cost shall be payable by the Health Department immediately upon demand of the County. 5:\ATTY\AGREEMNT\FAC-USE\Health Depnrtment.doc -3- 11. DEFAULT; TERMINATION As provided in Paragraph 3, either party may terminate this Agreement without cause upon fifteen (15) days prior written notice to the other party. In the event the County terminates this Agreement, the County shall have the right to re-enter or repossess the property during the period of the Health Department's right to use thereof, either by force, summary proceedings, surrender or otherwise, and dispossess and remove therefrom the Health Department or other occupants thereof, without being liable for any prosecution therefore and shall have the right to utilize the Facility as it determines to be in the best interests of the County. Should the County incur expenses in enforcing its rights hereunder, specifically including attorneys' fees and court costs (at the lower court and appellate levels), said expenses shall be borne by the Health Department . 12. NON-DISCRIMINATION The Health Department for itself, successors in interest, and assigns, as n part of the consideration hereof, does hereby covenant and agree that no person on the grounds of face, color, national origin or sex shall be excluded from participation in, be denied the benefits or, or otherwise be subjected to discrimination in the use of the facilities. 13. CONFLICT OF INTEREST The Health Department hereby represents and warrants that neither it nor any of its directors, officers, members, partners or employees has any interest nor shall they acquire any interest, directly or indirectly, which would or may conflict in any manner or degree with the performance or rendering of the services herein provided. The Health Department further represents and warrants that in the performance of this Agreement, no person having such interest or possible interest shall be employed by it. No elected official or other officer or employee of the County of St. Lucie nor any person whose salary is payable, in whole or part, from County Treasury, shall participate in any decision relating to this Agreement which affects his/her personal financial interest or the financial interest of any corporations, partnership or association in which he/she is, directly or indirectly, interested nor shall any such person have any financial interest, direct or indirect, in this agreement or in the proceeds thereof. 14. ASSIGNMENT No party may assign their rights or obligations under this Agreement without the written consent of the other parties which consent shall not be unreasonably withheld. Any attempt to effect an assignment without the County's prior written consent shall be deemed a default under this Agreement. 15. ENTIRE AGREEMENT 5:\ATTY\AGREEMNT\FAC-USE\Health Depnrtment.doc -4- This Agreement and the attachments hereto represents the entire understanding and agreement between the parties with respect to the sub ject matter hereof, and supersedes all other negotiation, understandings, and representations (if any) made by and between such parties. 16. AMENDMENTS The provisions of this Agreement may not be amended, supplemented, waived or changed orally, but only in writing signed by the party as to whom enforcement of any such amendment, supplement, waiver or modification is sought and making specific reference to this Agreement. 17. FURTHER ASSURANCES The parties hereby agree from time to time to execute and deliver such further and other transfers, assignment and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the terms of this Agreement. 18. BINDING EFFECT All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors and permitted assigns. 19. NOTICES All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing (including telex and telegraphic communication) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, addressed to: AS TO ST. LUCIE COUNTY WITH A COPY TO: St. Lucie County Administrator St. Lucie County Attorney 2300 Virginia Avenue 2300 Virginia Avenue Administration Annex Administration Annex Fort Pierce, Florida 34982 Fort Pierce, Florida 34982 AS TO THE Health Department : General Services -Logistics 5:\ATTY\AGREEMNT\FAC-USE\Health Department.doc -5- St. Lucie County Health Department 5150 NW Milner Drive Port St. Lucie, FL 34983 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date telecommuniated if by telegraph, (c) on the date of transmission with confirmed answer bunk if by telex, and (d) on the dote upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities ns not deliverable, as the case may be, if moiled. Whenever any party hereto is required to give its approval or disapproval to any matter contained herein, such approval or disapproval shall be given within twenty (20) days from receipt of written requests for approval or approval shall be deemed to be granted. 20. HEADINGS The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 21. PRONOUNS In this Agreement,the use of any gender shall be deemed to include all genders, and the use of the singular shall include the plural, wherever it appears appropriate from the context. 22. SURVIVAL All covenants, agreements, representations and warranties made herein or otherwise made in writing by any party pursuant hereto shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. 23. WAIVERS The failure or delay of any party prior to a period which would constitute laches at any time to require performance by another party of any provision of this Agreement, even if known, shall not affect the right of such party to require performance of that provision or to exercise any right, power or remedy hereunder, and any waiver by any party of any breach of any provision of this agreement should not be construed ns a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. No notice to or demand on any party in any case shall, of itself, entitle such party to any other or further notice or demand in similar or other circumstances. 5:\ATTY\AGREEMNT\FAC-USE\Henlth Depnrtment.doc -6- 24. GOVERNING LAW; VENUE This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida without regard to principles of conflicts of laws. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit in and for St. Lucie County, Florida, for claims under state law and the Southern District of Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties have executed this Agreement on the day of , 2009. ATTEST: BY: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM AND CORRECTNESS BY: County Attorney WITNESSES: ST. LUCIE COUNTY HEALTH DEPARTMENT 5:\ATTY\AGREEMNT\FAC-USE\Henlth Depnrtment.doc -7- y C O U NT am. Y F L d R I D R ITEM NO. DATE: AGENDA REQUEST REGULAR VI-C1 10/13/09 PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Public Works, Road & Bridge Division SUBJECT: Bid waiver and sole source determination BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A COMMISSION ACTION: (~ APPROVED ( ) DENIED ( ) OTHER Approved 5-O PREVIOUS ACTION: October 12, 2004 - BOCC approved bid waiver and sole source October 4, 2005 - BOCC approved bid waiver and sole source September 26, 2006 - BOCC approved bid waiver and sole source September 25, 2007 - BOCC approved bid waiver and sole source September 23, 2008 - BOCC approved bid waiver and sole source July 7, 2009 - BOCC approved bid waiver and sole source RECOMMENDATION: Board approval of the bid waiver and sole source determination for service and the purchase of parts to the following companies: Kelly Tractor for Caterpillar, Flagler Equipment Company for Volvo and Samsung, Menzi USA for Menzi Muck equipment, Econolite Control Products for Traffic signal equipment and Great Southern Equipment for Gradall and authorization for the Chair to sign contracts as approved by the County Attorney. ~~ `., County Attorney (X) ' PRESENTED BY~~--~ Donald Pauley Road & Bridge Manager CONCURRENCE: C-1' Faye W. Outlaw, MPA County Administrator Coordination/Signatures Daniel S. Mclntrye Originating Dept. ( X > ~ ~P onal Pauley OMB Director (X ) Budget Analyst Public Works (X ) ~/~ Marie Gouin Tawonna Johnson G~~ Don West C O U NT Y F L O R { D A Public Works Department Road & Bridge Division MEMORANDUM TO: Board of County Commissioners THROUGH: Don West, Director ~ , FROM: Donald Pauley, Road 8 Bridge Manager DATE: October 13, 2009 SUBJECT: Bid waiver and sole source determination. ITEM NO. VI-C1 Background: The St. Lucie County Road 8 Bridge owns and operates equipment from vendors that are either proprietary or has protected territories from their respective manufacturers. Kelly Tractor for Caterpillar, Flagler Equipment Company for Volvo and Samsung, Menzi USA for Menzi Muck, Econolite Control Products for Traffic signal equipment and Great Southern Equipment for Gradall, are the vendors that the Road & Bridge Division utilizes. All of the parts for the equipment are only available from the dealers of the equipment. Service almost always has to be done by the dealer because of their expertise. As per Section 5.5; Paragraph a, (4) of the Purchasing Manual this request is for service contracts for maintenance, repairing, or servicing of existing equipment owned by the County. Recommendation: Board approval of the bid waiver and sole source determination for service and the purchase of parts to the following companies: Kelly Tractor for Caterpillar, Flagler Equipment Company for Volvo and Samsung, Menzi USA for Menzi, Econolite Control Products for Traffic signal equipment and Great Southern Equipment for Gradall and authorization for the Chair to sign contracts as approved by the County Attorney. DBP:dds lr' C O C.I NT Y F t O R I D A Public Works Department Road & Bridge Division MEMORANDUM TO: Marie Gouin, Management and Budget Director THROUGH: Don West, Director~~l~. FROM: Donald Pauley, Road 8 Bridge Manager DATE: October 13, 2009 RE: Sole Source As per Section 5.5; Paragraph b of the Purchasing Manual we are submitting a memorandum of explanation for sole source procurements. The St. Lucie~~County Road & proprietary or has protected Caterpillar, Flagler Equipment Econolite Control Products for are the vendors that the Road available from the dealers of t dealer because of their expert Bridge owns and operates e territories from their respecti Company for Volvo and Sa Traffic signal equipment and 8~ Bridge Division utilizes. All he equipment. Repair Service ise, although some repairs ca quipment from vendors that are either ve manufacturers. Kelly Tractor for msung, Menzi USA for Menzi Muck, Great Southern Equipment for Gradall, of the parts for the equipment are only is usually needed to be done by the n be completed in-house with vendor parts. As per Section 5.5; Paragraph a, (4) of the Purchasing Manual this request is for service contracts for maintenance, repairing, or servicing of existing equipment owned by the County. Please let me know if you need additional information. Thank you. DBP:dds APPROVED BY: Marie in Faye W. Outlaw, MPA Mana ment 8 Budget Director County Administrator "1 C o u ~T y ~: F L L O R I D A CONSENT (x) TO: SUBMITTED BY: SUBJECT: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Parks and Recreation, Tradition Field ITEM NO. VI-D1 DATE: 10/13/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) PRESENTED BY: Guy D. Medor Parks Manager Waiver of Facility Rental Fees for Core Communities Port St. Lucie Fall Festival BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: October 14, 2008 - BOCC waived $5,916.08 in facility rental fees for the 2008 Fall Festival. RECOMMENDATION: Board approval to waive $4,313.25 in facility rental fees for Core Communities Port St. Lucie Fall Festival at Tradition Field as outlined in the agenda memorandum. COMMISSION ACTION: (~) APPROVED ( ) DENIED ( ) OTHER Approved 5-O CONCURRENCE: ~"-l Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) ~, Daniel McIntyre Originating Dept. (X) (,~/~~~ Debra Brisson ( ) (Name) ( ) (Name) r~ C O U NT Y F L O R I D A TO: Board of County Commissioners THROUGH: Debra Brisson, Director FROM: Guy D. Medor, DATE: October 13, 2009 Parks and Recreation MEMORANDUM SUBJECT: Waiver of Facility Rental Fees for Core Communities Port St. Lucie Fall Festival ITEM NO. VI-D1 Background: In 2001, Core Communities, formerly known as St Lucie West Development Corp., donated the property for the South County Regional Stadium. Per the terms of the agreement, Core Communities can utilize the stadium for events at no charge, subject to priority use by the County, City of Port St. Lucie, and the School Board. In an effort to protect the turf at South County Stadium from the damage a large festival could potentially cause, staff requested that Core Communities utilize the grass parking lot in front of Tradition Field for their Fall Festival. Because the agreement with Core Communities does not provide a waiver of facility rental fees for Tradition Field, Board approval is required. Attached is a letter from Ms. Jane Rowley, Core Communities Director of Community Relations, requesting the use of Tradition Field's grass parking lot for the 9th Annual Port St. Lucie Fall Festival from October 28 -November 1, 2009. As stated, profits from the festival are donated to local charitable organizations. Core Communities has agreed to cover the County's staffing costs estimated at $537.50. Recommendation: Board approval to waive $4,313.25 in facility rental fees for Core Communities Port St. Lucie Fall Festival at Tradition Field as outlined in this agenda memorandum. 4 COC.INTY `` F L O R I D A Event: Port St. Lucie Fall Festival Contact: Jane Rowley Location: Tradition Field Grass Parking Lot Event Dates & Times: • October 28-29, 2009 • October 30, 2009 • October 31, 2009 • November 1, 2009 • November 2, 2009 Setup (Wednesday & Thursday) 5:00 pm -Midnight (Friday) 11:00 am -Midnight (Saturday) 1:00 pm - 6:00 pm (Sunday) Tear down and restore Tradition Field grass parking lot to previous condition. ESTIMATED FACILITY RENTAL FEES Parking Lot Rental 3 days @ $1000/day $3,000.00 Bleacher Restrooms 3 days @ $100/day $ 300.00 Move In/Move Out Fee 3 days @ $250.00/day $ 750.00 Sub-Total $4,050.00 Sales Tax 6.5% $ 263.25 $4,313.25 ESTIMATED TOTAL FACILITY RENTAL FEES $4,313.25 ESTIMATED STAFFING FEES Houseman (1) 1 @ 25 hours @ $21.50 per hour $ 537.50 OTHER FEES & CHARGES Clean up deposit (refundable) $ 250.00 l~t~RT 4~. ~,~1C1B .~ g~`. E~TC~l3 ~;~l~l~~'Y ~~• ~133Ti~A~ laazr e.~'. r~r~tt~cl~rl'eltlrlr. 8R177d :+OI POIYP 87'~ L11C11;1~. ~~i61t7 T71S.YO1.Ot2fl FA7[:77a.340.97IA August 20.2009 To: St Lucie County Board of County Com~ttissioners It Is that time of year again, where we ask the commissioners for fhe use Tradition €te{d (mats stadiurr-} for the fall festiaai. October 28,2009 thru Nov. 1, 2009. We would also ask that the public bathrooms stay open as in fhe past. The fall festival is a county event, alt proceeds after expenses go to local charities. There are no paid workers, we are aN volunteers. This is the 9th. Year for the festival, we have held the cost for the p2~rking and rides to the same cost for the past 4 years. Thank you for your consideration over the many years, we do list the county as a sponsor. ff you need to speak to me-piease calf, 772-2a1-4?29 THA K YC}U, JAh[E ROWLEY Dlrectar of Community ftelatians Core Communities ~ ITEM NO. VI-D2 __ ~:~~: Y_- -__ -- ~ ~ - ^ = DATE: 10/13/09 ~ AGENDA REQUEST REGULAR ( ) ~ ~ PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT { X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Debra Brisson SUBMITTED BY: Parks and Recreation, Administration Director SUBJECT: Budget Resolution 09-288 -Lawnwood and South County Regional Stadiums Revenue and Expense BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Budget Resolution 09-288, allocating $110,000 in revenues and $110,000 in expenses for Lawnwood and South County Regional Stadiums as outlined in the agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: (~ APPROVED ( ) DENIED ( ) OTHER Approved 5-O County Attorney (x ) Originating Dept. (x ) CONCURRENCE: ~~ Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst Daniel McIntyre r~~ Debra Brisson Marie Gouin Patty Marston ~'o~/ (Name) CO-(1 NTY , F L O R I D A Parks and Recreation MEMORANDUM TO: Board of County Commissioners FROM: Debra Brisson, Parks and Recreation Director ,~ DATE: October 13, 2009 SUBJECT: Budget Resolution 09-288, Lawnwood and South County Regional Stadiums Revenue and Expense ITEM NO. VI-D2 Background: On August 25, 2009, the Board of County Commissioners approved an Interlocal Agreement with the School Board of St. Lucie County for use of Lawnwood and South County Regional Stadiums. The agreement requires the School Board to pay the County a minimum of $50,000 and up to a total of $110,000 annually for maintenance and repairs to the stadiums from School Board capital funds. On 9/30/09 the County received a payment of $50,000 from the School Board. In return, the County agrees to pay up to $110,000 in gate receipt revenue to the School Board to fund their athletic programs. Budget Resolution 09-288 budgets $110,000 in revenues and $110,000 in expenses to the appropriate accounts in accordance with the agreement. Recommendation: r Board approval of Budget Resolution 09-288, allocating $110,000 in revenues and $110,000 in expenses for Lawnwood and South County Regional Stadiums as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney. RESOLUTION NO. 09-288 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available through an Interlocal Agreement with the St. Lucie County School Board. The St. Lucie County School Board will bill the County for gate receipts (paid attendance) generated by School Board sponsored events at Lawnwood Stadium for $50,000 and at South County Regional Stadium for $60,000. The total amount of $110,000 is due to the School Board in the 2009-2010 fiscal year. The St. Lucie County School Board will also pay the County $50,000 for Lawnwood Stadium and $60,000 for South County Regional Stadium. The total funding of $110,000 received from the St. Lucie County School Board is intended to offset the expenses of maintaining the Stadiums in the 2009-2010 fiscal year. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 13th day of October, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2009-2010, and the County's budget is hereby amended as follows: REVENUE 001-7515-337930-700 School Board of St. Lucie County $50,000 001-7516-337930-700 School Board of St. Lucie County $60,000 APPROPRIATIONS 001-7515-581092-700 St. Lucie County School Board $50,000 001-7516-581092-700 St. Lucie County School Board $60,000 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Charles Grande, Vice Chair XXX Commissioner Doug Coward X)()( Commissioner Chris Craft )p()( Commissioner Chris Dzadovsky X)()( PASSED AND DULY ADOPTED THIS 13T" DAY OF OCTOBER, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ~ ITEM NO. VI-D3 _ _ . , J - _ ~ __ - DATE: 10/13/09 • ~ AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Guy D. Medor SUBMITTED BY: Parks and Recreation, Tradition Field Parks Manager SUBJECT: Capital Improvement Projects at Tradition Field BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 362-75201-563000-700 Tradition Field -Infrastructure PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of the request from Sterling Facility Services, L.L.C. to complete the FY 09/10 capital improvement projects in the amount of $67,870.02 as outlined in the agenda memorandum. COMMISSION ACTION: (X} APPROVED ( ) DENIED ( ) OTHER Approved 5-O CONCURRENCE: ---~~1- - Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director County Attorney (X) Budget Analyst Daniel McIntyre Originating Dept. (X) ,I~~- Purchasing (X) ~~ Marie Gouin Robert O'Sullivan Debra Brisson COCiNTY F L O R I D A TO: Board of County Commissioners ~j THROUGH: Debra Brisson, Director /~` FROM: Guy D. Me , DATE: October 13, 2009 Parks and Recreation MEMORANDUM SUBJECT: Capital Improvement Projects at Tradition Field ITEM NO. VI-D3 Background: On August 1, 2003, St. Lucie County entered into a Facilities Use Agreement for the St. Lucie Sports Complex with Sterling Facility Services (SFS), owners of the New York Mets major and minor league baseball teams. Per the terms of the agreement, $160,423 of Tourist Development Tax is to be allocated annually through 2018 for capital improvements acceptable to SFS at Tradition Field. Since 2006, in an effort to expedite the improvements, the BOCC has approved the list of capital improvements and authorized SFS to manage the projects on a reimbursable basis upon submittal of substantiating documents. Below is a list of SFS's proposed capital improvement projects for FY 09/10 totaling $67,870.02. a. Refrigeration system for terrace Tiki Bar $ 6,475.68 b. Shade Structures over bleachers on field # 7 $ 10,800.00 c. Phone lines for credit card machines -left field terrace $ 1,171.80 d. Media room counter/cabinet and water line $ 2,939.76 e. Electrical Wiring for concourse $ 2,500.00 f. Ice maker for concourse vending room $ 6,630.12 g. Wind barrier/hockey glass on open air suites $ 33,960.60 h. Food warmers -Minor League cafeteria $ 3,392.06 Currently, $160,845.86 is available in Tradition Field Infrastructure account no. 362-75201-563000- 700, for the improvements. Previous Action: November 14, 2006 - BOCC approved SFS' Tradition Field capital improvement projects at a cost not to exceed the available balance of $100,164. January 15, 2008 - BOCC approved SFS' Tradition Field capital improvement projects at a cost not to exceed the available balance of $257,000. November 25, 2008 - BOCC approved SFS' Tradition Field capital improvement projects at a cost not to exceed the available balance of $176,925. Recommendation: P'~ Board approval of the request from Sterling Facility Services, L.L.C. to complete the FY 09/10 capital improvement projects in the amount of $67,870.02 as outlined in this agenda memorandum. STERLING FACILITY SERVICES, L.L.C September 18, 2009 Guy Medor County Administrator St. Lucie County 2300 Virginia Ave. Fort Pierce, F134952-5652 Dear Guy, ~~'i./~ ~° Per the facility use agreement, I am writing to request approval for the following capital improvement projects listed below for the 2010 season. I have attached the project cost estimate 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 1, 2010. 2010 Capital Improvements • Shade structures over bleachers on Field # 7. • Refrigeration system for Left Field Terrace Tiki Bar. • Phone lines for credit card machines on Left Field Terrace. • Media room counter /cabinet and water line for fountain soda equipment. • (2) 220 Electrical outlets for concourse. • Ice maker for concourse vending room. • (2) Food warmers for Minor League Cafeteria. As always, thank you for your time and cooperation. g ~~ Paul Taglie Director of da Operations Cc: Karl Smolarz Debra Brison, 523 NW Peacock Blvd. • Port St. Lucie, Florida 34986 • (772) 871-5473 • Fax (772) 871-5477 m rtct ttt F STERLING FACILITY SERVICES, L.L.C ~~ / ~- .~, j .~' e r ~ { ' f .. 2009 / 2010 Ca ital Pro'ects Shade structures over bleachers on Field 7 $ 10,800.00 Tiki Bar beer and refri eration s stems $ 6,475.68 Phone lines for credit card machines for Terrace $ 1,171.80 Wind barrier ono en air a suites hocke lass $ 33,960.60 Food warmer for minor lea ue kitchen $ 3,392.06 Media room counter /cabinet and water line for fountain soda machine $ 2,939.76 2 220 Electrical outlets for Carvel machines $ x,500.00 Ice Maker for concourse vendin room $ 6,630.12 Total $ 67,870.02 ~P 523 NW Peacock Blvd. • Port St. Lucie, Florida 34986 • (772) 871-5473 • Fax (772) 871-5477 ITEM NO. VI-E1 DATE: 10/13/09 AGENDA REQUEST PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: BOARD OF COUNTY COMMISSIONERS Growth Management Department Impact fee methodology update See attached memorandum. REGULAR ( ) PRESENTED BY: Mark Satterlee, AIC~~ Director 102-15101-531000-100 (Unincorporated Services Fund), Growth Management Administration- Professional Services (pending BOCC approval) PREVIOUS ACTION: May 19, 2008 -Letter of agreement approved by the County Administrator for $12,800 with completion by 6/15/08 September 24, 2008 -Amendment to agreement approved by the County Administrator for extension of services through 12/31/08 and increase of $10,000 RECOMMENDATION: Board approval of the third amendment to agreement with James C. Nicholas, PhD to extend the agreement to December 31, 2009 and increase the contract amount by $5,000, as outlined in the agenda memorandum. Request authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: (~(~ APPROVED ( ) DENIED ( ) OTHER Approved 5-O ~~ t County Attorney (X ) '~'" L~J County Engineer ( ) Purchasing Originating Dept CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Surveyor Daniel S. McIntyre Michael Powley (X) ~G Melissa Simberland ( ) Mark Satterlee Ron Harris ERD ( ) Karen Smit (, ~ , OMB (X) I T onna Johnson N e~; t ~. G;~~~ ~. ..~ ,,,1 Growth Management Department s MEMORANDUM TO: Board of County Commissioners FROM: Mark Satterlee, AICP, Growth Management Directov~ THROUGH: Michael Brillhart, AICP, Capital Improvements Planne~~`' DATE: October 13, 2009 !!~~ SUBJECT: Impact fee methodology update ITEM NO. VI-E1 Background: In 1986, the County adopted road impact fees; park & recreation, public buildings, law enforcement, fire protection, public libraries and public education impact fees followed later. These impact fees were all calculated utilizing the consumption based approach. This approach (also known as ("standards based") calculates impact fees based on the value of public infrastructure consumed per unit of land use. During 2007-2008, the County considered moving from the general consumption approach of impact fees to a more specific improvements based approach. An improvements based approach (also known as "needs based") charges new development based on a specific set of capital improvement projects. This approach failed to receive the support of the Local Planning Agency. Therefore, the roads, parks & recreation and public buildings impact fees were prepared with an updated consumption based methodology by James C. Nicholas, PhD. The additional public hearings required to adopt this methodology were not included on the original letter of agreement. Recommendation Board approval of the third amendment to agreement with James C. Nicholas, PhD to extend the agreement to December 31, 2009 and increase the contract amount by $5,000, as outlined in the agenda memorandum. Request authorization for the Chair to sign documents as approved by the County Attorney. C O U NT Y F L O R I D A AGENDA REQUEST PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Brillhart ,~j,~ SUBMITTED BY: Growth Management Department Capital Improvements Manager SUBJECT: Annual update to the Comprehensive Plan Capital Improvements Element (CIE) for FY 2009/10 - FY 2013/14. BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board authorization to advertise proposed Ordinance 09-029 updating the Capital Improvements Element for FY 2009/10 - FY 2013/14 at a public hearing before the Board of County Commissioners on November 3, 2009, beginning at 6:00 p.m. or as soon thereafter as possible. COMMISSION ACTION: ~ APPROVED ( ) DENIED ( ) OTHER Approved 5-O CONCURRENCE: --.~1 ~ Faye W. Outlaw, MPA County Administrator ITEM NO. VI-E2 DATE: 10/13/09 REGULAR ( ) Coordination/Signatures County Attorney ( ) ~ OMB Director ,~=L' Budget Analyst Daniel S. McIntyre County Engineer ( ) V`~ Y ~V~ ` Mi ael owley Originating Dept. ( ) Mark Satterlee () 1 ~~~' Marie Gouin Robert O'Sullivan Parks & Rec. ( ) Other ( ) Debra Brisson v C O C.I NT Y F L O R I D A TO: Board of County Commissioners Growth Management MEMORANDUM THROUGH: Mark Satterlee, Growth Management Director~^ FROM: Michael Brillhart, Capital Improvements Manager~~ DATE: October 13, 2009 SUBJECT: Annual Update to the Comprehensive Plan Capital Improvements Element (CIE) for FY 2009/10 - FY 2013/14 ITEM NO. VI-E2 Background: In 1990, the Board of County Commissioners enacted Ordinance No. 90-01, adopting the St. Lucie County Comprehensive Plan, Capital Improvements Element (CIE). Chapter 163.3177(3)(a)(6)(b)1, F.S. requires an annual update to the Capital Improvements Element. The procedure for updating the CIE is through a plan amendment that requires only one adoption public hearing with the Board of County Commissioners and is exempt from the two Comprehensive Plan amendment cycle administered by the State Department of Community Affairs (DCA). Attached to this memorandum is a copy of proposed Ordinance No. 09-029 which would amend the St. Lucie County Comprehensive Plan, Capital Improvements Element for FY 2009/10 - FY 2013/14 as required by Chapter 163.3177(3)(a)(6)(b)1, F.S. of the Florida State Statues. Previous Action: November 25, 2008 - BOCC adopted Ordinance No. 08-036 amending the comprehensive plan Capital Improvements Element for FY 2008/09 - FY 2012113 in consideration of the annual update requirement. April 28, 2009 - BOCC adopted Ordinance No. 09-015 amending Ordinance 08-036 and the accompanying CIE update through substantive changes in the revised "Revenue Sources" table shown on page 12 of the update based upon final revisions to the State 5-Year Transportation Work Program during FY 2008/09 - FY 2012/13. Recommendation: Board authorization to advertise proposed Ordinance 09-029 updating the Capital Improvements Element for FY 2009/10 - FY 2013/14 at a public hearing before the Board of County Commissioners on November 3, 2009, beginning at 6:00 p.m. or as soon thereafter as possible. ORDINANCE NO. 09-029 AN ORDINANCE AMENDING ORDINANCE NO. 90-01, AS AMENDED, BY ADOPTING THE CAPITAL IMPROVEMENTS PLAN AND CAPITAL IMPROVEMENTS ELEMENT OF THE ST. LUCIE COUNTY COMPREHENSIVE PLAN, AN EXEMPT LARGE SCALE AMENDMENT; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County enacted Ordinance No. 90-01, adopting the 1990 St. Lucie County Comprehensive Plan, which was subsequently amended in accordance with State Law; and WHEREAS, the amendment of the Capital Improvements Element is exempt from the twice yearly large scale amendment process under Section 163.3187(1)(f), Florida Statutes, which requires an annual update to the Capital Improvement Element; and WHEREAS, the Board has followed the procedures set forth in Section 163.3187(1)(f), Florida Statutes; and WHEREAS, the Board has followed the procedures set forth in Sections 163.3177(3)(b)2, Florida Statutes, stating that "Capital improvements element amendments adopted after the effective date of this act [July 1, 2005] shall require only a single public hearing before the governing board which shall be an adoption hearing ns described in s. 163.3184(7). Such amendments are not subject to the requirements of s. 163.3184(3)-(6)." WHEREAS, the Board has substantially complied with the procedures set forth in the Implementation Element of the Comprehensive Plan regarding public participation; and WHEREAS, on November 3, 2009, the Board held a public hearing with all required public notice for the purposes of hearing and considering the recommendations and comments of the general public prior to final action on the Comprehensive Plan amendments set forth herein; and WHEREAS, the Board hereby finds that the Comprehensive Plan, as amended by this ordinance, is internally consistent with and compliant with the provisions of State law 1 including, but not limited to, Part II, Chapter 163, Florida Statutes, the State Comprehensive Plan, and the Strategic Regional Plnn of the Treasure Coast Regional Planning Council; and WHEREAS, the Capital Improvements Element must be financially feasible with committed and planned revenues for capital improvements during fiscal years 2009/10 through 2013/14 that will ensure adequate capacity based upon the demands of future growth. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Legislative Findings. The above recitals are true and correct in form and include legislative findings which are n material part of this Ordinance. Section 2. Text Amendment. The text of the Comprehensive Plan is hereby amended ns set forth in Exhibit "A", attached hereto and incorporated herein by this reference, and as noted in the following table: Ordinance Amendment Amended LPA Hearing BCC Hearing Exhibit Topic Elements Date Dnte Capital Improvements Capital Not Required 11/03/09 A Element-2009 Improvements Update Section 3. Severnbility. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall 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 shall 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 ten (10) working days to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, and other agencies in 2 r accordance with Section 163.3184, Florida Statutes, and Rule 9J-011(5), Florida Administrative Code. Section 5. Effective Date. This ordinance shall take effect upon filing a copy of this ordinance with the Florida Department of State by the Clerk of the Board of County Commissioners; provided, however, that the effective date of the Comprehensive Plan amendments set forth herein shall be twenty-two (22) days after the Florida Department of Community Affairs' publication of a notice of intent to find the Comprehensive Plan amendments in compliance if no affected party challenges the Comprehensive Plan amendments, or if an affected party challenges the Comprehensive Plan amendments, when n final order is issued by the Florida Department of Community Affairs or the Administration Commission determining that the amendments are in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders or development permits, if dependent upon an amendment, may be issued or commence before an amendment has become effective. If a final order of noncompliance is issued by the Administration Commission, these 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 Board adopts n resolution affirming its effectiveness in the manner provided by law, Section 6. Adoption. After motion and second the vote on this ordinance was as follows: Chair Paula A. Lewis XX Vice Chair Charles Grande XX Commissioner Doug Coward XX Commissioner Chris Craft XX Commissioner Chris Dzadovsky XX PASSED AND DULY ADOPTED this XX day of XX, 2009. 3 ATTEST: DEPUTY CLERK s:\ntty\ordnnnce\2009\09-029.doc BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY 4 _~ ~ ITEM NO. VI-F1 DATE: 10/13/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY Jack T. Southar SUBMITTED BY: Public Safety Public Safety Director SUBJECT: County Emergency Management Preparedness and Assistance Trust Fund Program Base Grant (EMPA). BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001515-2510-331233-200 Department of Homeland Security (EMPA) PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of State of Florida, Division of Emergency Management Agreement #10-BG-25-10-66-01 in the amount of $105,806 less $3,082.00 for recurring charges for satellite communication service and authorization for the Chair to sign the agreement as approved by the County Attorney. Also, Board approval of Budget Resolution No. 09-287. COMMISSION ACTION: ~yQ APPROVED ( ) DENIED ( ) OTHER Approved 5-O CONCURRENCE: ~-- Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (fit) OMB Director (~ ) ~ ~ ~ Budget Analyst aniel McIntyre Patty Marston ,~.~ ane ouin Originating Dept. ( ) ERD ( ) Jack T. Southard (Name) Public Safety Department MEMORANDUM TO: Board of County Commissioners FROM: Jack T. Southard Public Safety Direc or DATE: October 13, 2009 SUBJECT: State of Florida, Division of Emergency Management Agreement. County Emergency Management Preparedness and Assistance Trust Fund Program Base Grant (EMPA) ITEM NO. VI-F1 Background: Since 1993 the Public Safety Department has received the State of Florida, Division of Emergency Management Agreement. This agreement enhances the Emergency Management preparedness program by supplementing training and operating expenses of the County budget. The amount of the agreement is $105,806.00 less $3,082.00 for recurring charges for satellite communication service which is paid through the State of Florida. Recommendation: Board approval of State of Florida, Division of Emergency Management Agreement #10-BG-25-10-66- 01- in the amount of $105,806, less $3,082.00 for recurring charges for satellite communication service and authorization for the Chair to sign as approved by the County Attorney. Also, Board approval of Budget Resolution No. 09-287. Public Safety Department MEMORANDUM TO: Board of County Commissioners FROM: Jack T. Southard Public Safety Direc or DATE: October 13, 2009 SUBJECT: State of Florida, Division of Emergency Management Agreement. County Emergency Management Preparedness and Assistance Trust Fund Program Base Grant (EMPA) ITEM NO. VI-F1 Background: Since 1993 the Public Safety Department has received the State of Florida, Division of Emergency Management Agreement. This agreement enhances the Emergency Management preparedness program by supplementing training and operating expenses of the County budget. The amount of the agreement is $105,806.00 less $3,082.00 for recurring charges for satellite communication service which is paid through the State of Florida. Recommendation: Board approval of State of Florida, Division of Emergency Management Agreement #10-BG-25-10-66- 01- in the amount of $105,806, less $3,082.00 for recurring charges for satellite communication service and authorization for the Chair to sign as approved by the County Attorney. Also, Board approval of Budget Resolution No. 09-287. RESOLUTION NO. 09-287 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Community Affairs through a grant award letter, in the amount of $105,806 less $3,082 for State of Florida Communication Services. The total funding of $102,724 from the Emergency Management Preparedness and Assistance Trust Fund is intended to enhance County it's Emergency Management Program in the 2009-2010 fiscal year. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 13th day of October, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2009-2010, and the County's budget is hereby amended as follows: REVENUE 001515-2510-331233-200 Dept of Homeland Security $102,724 APPROPRIATIONS 001515-2510-534000-200 Other Contractual Services $ 10,000 001515-2510-540000-200 Travel $ 5,000 001515-2510-541000-200 Communications $ 10,000 001515-2510-543000-200 Utilities $ 15,000 001 5 1 5-251 0-5441 00-200 Equipment Rental $ 13,226 001515-2510-546000-200 Equipment Maintenance $ 3,000 001515-2510-546100-200 Building Maintenance $ 2,000 001515-2510-547000-200 Printing & Binding $ 2,500 001515-2510-547005-200 Printing &Binding-Materials Center $ 5,000 001515-2510-549300-200 Licenses & Fees $ 1,000 001515-2510-551000-200 Office Supplies $ 5,000 001515-2510-551200-200 Equipment < $1000 $ 6,000 001515-2510-551501-200 Office Supplies-Computer $ 4,000 001515-2510-552000-200 Operating Supplies $ 1 g,ggg 001515-2510-554100-200 Books & Subscriptions $ 1,000 001515-2510-555000-200 Training-Seminar Registrations $ 1,000 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Charles Grande, Vice Chair XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED THIS 13th DAY OF OCTOBER, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Contract Number: 10-BG-25-10-66-01-, CSFA: 52.008 STATE and FEDERALLY-FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and St. Lucie County, (hereinafter. referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below; and C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Recipient agree to the following: (1) SCOPE OF WORK. The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS RULES. REGULATIONS AND POLICIES The Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including those identified in Attachment C. (3) PERIOD OF AGREEMENT This Agreement shall begin on October 1, 2009 and shall end on September 30, 2010, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal Common Rule: Uniform Administrative Requirements for State and Local Govemments" (53 Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement 1 is made with a commercial (for-profit) organization on acost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure that audit working papers are available to them upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Division. The five year period may be extended for the following exceptions: 1. If any litigation, claim or audit is started before the five year period expires, and extends beyond the five year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time it is acquired shall be retained for five years after final disposition. 3. Records relating to real property acquired shall be retained for five years after the closing on the transfer of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A -and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Division. (6) AUDIT REQUIREMENTS For Federal Funds: (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at reasonable times for inspection, review, or audit by state personnel and other personnel authorized by the Department or the Division. "Reasonable" shall ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. 2 (d) If the Recipient is a State or local government or anon-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more in Federal awards in its fiscal year, the Recipient must have a single orprogram-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows the Federal resources awarded through the Division by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Division. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $500,000 in Federal awards in its fiscal year and chooses to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds. (e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient to: The Division at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [also send an electronic copy to aurilla.parrish@dca.state.fl.us] and Division of Emergency Management (program office) 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (submit the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10~' Street Jeffersonville, IN 47132 3 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall send 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 Division at the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [also send an electronic copy to aurilla.parrish@dca.state.fl.us] and Division of Emergency Management (program office) 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (g) By the date due, send any reports, management letter, or other information required to be submitted to the Division pursuant to this Agreement in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for=profit organizations), Rules of the Auditor General, as applicable. (h) Recipients should state the date that the reporting package was delivered #o the Recipient when submitting financial reporting packages to the Division for audits done in accordance with OMB CircularA-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, (i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Recipient of such non-compliance. (j) The Recipient shall have all audits completed by an independent certified public accountant (IPA), either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Recipient's fiscal year. For State Funds: (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. 4 (b) These records shall be available at reasonable times for inspection, review, or audit by state personnel and other personnel authorized by the Department or the Division. "Reasonable" shall ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall provide the Department with the records, reports or financial. statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a nonstate entity as defined by Section 215.97, Fla. Stat., it shall comply with the following: If the Recipient expends a total amount of State financial assistance equal to or more than $500,000 in any fiscal year of such Recipient, the Recipient must have a State single orproject-specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat.; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement shows the State financial assistance awarded by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall include all sources of State financial assistance, including State funds received from the Division, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct orpass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in this Paragraph 6(d) above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(e), Fla. Stat. and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, is not required. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). Additional information on the Florida Single Audit Act may be found at the following website: http~//www.state.fl.us/fsaa/statufes.html. (e) Report Submission 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 5 3. Copies of financial reporting packages required under this Paragraph 6 shall be submitted by or on behalf of the Recipient directly to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 [an electronic copy shall also be submitted to aurilla.parrish@dca.state.fl.us] and Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Auditor General's Office at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Division or the Department of Community Affairs pursuant to this Agreement shall be submitted on time as required under OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Division or the Department of Community Affairs for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (f) If the audit shows that all or any portion of the funds disbursed hereunder were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Recipient of such non-compliance. (g) The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Stat. by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Division no later than nine (9) months from the end of the Recipient's fiscal year. (7) REPORTS (a) The Recipient shall provide the Division with quarterly reports and aclose-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and 6 subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. (b) Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. (c) The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide additional program updates or information that may be required by the Division. (f) The Recipient shall provide additional reports and information identified in Attachment D. (8) MONITORING. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report. In addition .to reviews of audits conducted in accordance with paragraph (6) above, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Divisioh. In the event that the Division or the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division or the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties 7 arising from the work performance under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. (b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Ffa. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Fla. Stat. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT. If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (11). However, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement and the Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incon•ect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete on time any of its obligations under this Agreement. (11) REMEDIES. If an Event of Default occurs, then the Division may, after thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph (13) herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. (e) Exercise any corrective or remedial actions, to include but not be limited to: 1. request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4, require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; (f) Exercise any other rights or remedies which may be available under law. (g) Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. (12) TERMINATION. (a) The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined. 9 (13) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at the address below, and this notification attached to the original of this Agreement. (b) The name and address of the Division contract manager for this Agreement is: Wendy Stewart Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: 850-922-7447 Fax: 85088-7842 Email: wendy.stewart(c~em.myflorida.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: ]acFz T. Soc~,thalcdt 1).Ljcec~on C1'_ I r~n,rQ f'nrrn~'u PiiE,P,i_~,-~Q,~jQ~y 15305 we~s~ M.c adw a Road ~on~ P;LQtceP.; i=L 34945 Telephone7) 7 -d ~ 9 - fLQ(L. Fax:772-462-2305 Email: ~ ocithalcdJ L~.a~P.ue.%eco . ong (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as outlined in (13)(a) above. (14) SUBCONTRACTS If the Reciaient subcontracts ant/ of the work required under this Agreement, a coat/ of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Reciaient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat. 10 (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully. (b} In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 -Funding Sources Attachment A and A-I -Scope of Work Attachment B -Budget Attachment C -Program Statutes, Regulations and Program Requirements Attachment D -Reports Attachment E -Justification of Advance Attachment F -Warranties and Representations Attachment G -Certification Regarding Debarment Attachment H -Statement of Assurances Attachment I -Change Sheet (17) FUNDING/CONSIDERATION (a) This is acost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $102,724, [2009-2010 EMPA], subject to the availability of funds. Upon the expiration of the EMPG FY 2008-2009 subgrant between the Division and the Recipient on September 30, 2009, all of the remaining unexpended funds in that subgrant will automatically be deobligated from the subgrant and transferred to this Agreement to be used in the same manner and for the same purposes as the EMPA funds for FY 2009-2010. However, the 2008-2009 EMPG funds must be fully expended on or before June 30, 2010. (b) By its execution of this Agreement, the Recipient also authorizes the Division to pay on its behalf $3,082 for the recurring charges for the satellite communications service from the total allocation provided to Recipient of $105,806. (c) Any advance payment under this Agreement is subject to Section 216.181(16), FIa.Stat.. and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. If an advance payment is requested below, the budget data on which the request is based and a justification statement shall be included in this Agreement as 11 Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. An advance payment of $ is requested (d) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A and B of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Division. The amount of.funds available pursuant to this rule chapter (Rule 9G-19.011, Florida Administrative Code) may be adjusted proportionally when necessary to meet any matching requirements imposed as a condition of receiving federal disaster relief assistance or planning funds. Any requests.received after October 31, 2010, may, in the discretion of the Division, not be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission. Changes to the amount of funding to be provided may be accomplished by notice from the Division to the Recipient, in the form of certified mail, return receipt requested. The Division may make an award of additional funds by subsequent Award Letter certified mail, return receipt requested. These additional funds may be accepted by the Emergency Management Director or the Recipient's contact identified in Paragraph (13), above. Should the Recipient determine it does not wish to accept the award of additional funds, the Recipient shall provide notice to the Division contact within thirty (30) days of receipt of the Award Letter. Otherwise, the Recipient shall provide to the Division its written notice of acceptance within forty-five days of receipt of the Award Letter. The terms of this Agreement shall be considered to have been modified to include the additional funds upon the Division's receipt of the written notice of acceptance and receipt of a budget form which details the proposed expenditure of the additional funds. The budget form will be provided by the Division when the offer of additional funds is made. All funds received hereunder shall be placed in an interest-bearing account with a separate account code identifier for tracking all deposits, expenditures and interest earned. Funds disbursed to the Recipient by the Division that are not expended in implementing this program shall be returned to the Division, along with any interest earned on all funds received under this Agreement, within ninety (90} days of the expiration of the award Agreement. The Recipient shall comply with all applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Whenever required by law or otherwise permitted, the Recipient shall utilize competitive procurement practices. 12 Allowable costs shall be determined in accordance with applicable Office of Management and Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST PRINCIPLES AND PROCEDURES. At a minimum, the Recipient shall continue to provide other funding for the Recipient's Emergency Management Agency at an amount equal to either: (1) the average of the previous three years' level of county general revenue funding of the Recipient's Emergency Management Agency; or (2) the level of funding for the Recipient's Emergency Management Agency for the last fiscal year, whichever figure is lower (Rule 9G-19.011, Florida Administrative Code). Recipient's general revenue funding for 911 services, emergency medical services, law enforcement, criminal justice, public works or other services outside the local emergency management agency as defined by Section 252.38, Florida Statutes, shall not be included in determining the "level of county funding of the Recipient's Emergency Management Agency." The Recipient shall certify compliance with Rule Chapter 9G-19, Florida Administrative by its execution of this Agreement, and as a condition precedent to receipt of funding. Federal funds provided under this Agreement shall be matched by the Recipient dollar for dollar from non-federal funds. All payments relating to the Agreement shall be mailed to the following address: C1- 1 rfr+,iQ ('nrr ,7 PrrF~PGC $Gt~Q.~l, 15305 we~s~ M.i.dwa~ woad ~~h1' D.tOh~O~ 1=1 ~4.g4~- (18) REPAYMENTS All refunds or repayments due to the Division under this Agreement are to be made payable to the order of 'Department of Community Affairs', and mailed directly to the following address: Department of Community Affairs Cashier Finance and~Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is retumed to the Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (19) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in 13 any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said infomlation, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. (b} This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. (d) This Agreement may be executed in any number of counterparts, any one of which may betaken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et se . ,which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local govemment senvices, and telecommunications. (f) Those who have been placed on the convicted vendor list following a conviction for a public enfity crime or on the discriminator/ vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) Any Recipient which is not a local govemment or state agency, and which receives funds under this Agreement from the federal govemment, cert~es, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within afive-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 14 3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 19(g)2. of this certification; and 4. have not within afive-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment G) for each intended subcontractor which Recipient plans to fund under this Agreement The form must be received by the Division before the Recipient enters into a contract with any subcontractor. (h) The State of Florida's performance and obligation to pav under this Agreement is contingent upon an annual appropriation by the Legislature and subiect to anv modification in accordance with Chapter 216 Fla. Stat. or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. Fla. Stat. (j) Any bills for travel expenses shall be submitted in accordance with Section 112.061, (k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement. (I) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. (m) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA°)]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. (n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla. Stat.) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. 15 (o) All unmanufactured and manufactured articles, materials and supplies which are acquired for public. use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (20) LOBBYING PROHIBITION (a) No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." 3. The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (21) COPYRIGHT. PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient has apre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. 16 (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (22) LEGAL AUTHORIZATION. The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. 17 (23) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment H. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RECIPIENT: ST. LUCIE COUNTY By: Name and title: Date: FID# STATE OF FLORIDA DIVISION OF EMERGENCY MANGEMENT BY= Name and Title: Ruben D. Almaguer. Interim Director, Division of Emergency Management Date: 18 EXHIBIT -1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal Agency: U.S. DHS/FEMA (Department of Homeland Security/Federal Emergency Management Agency) Catalog of Federal Domestic Assistance title and number: EMPG/97.042 (Emergency Management Performance Grant) Award amount: (Federal funds will be awarded at a later date) COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT AREAS FOLLOWS: Chapter 252, Florida Statutes Rule Chapters 9G-6, 9G-11, and 9G-19, Florida Administrative Code 44 CFR, (Code of Federal Regulations) Part 13 (Common Rule) 44 CFR, Part 302 OMB CircularA-87 and A-133 48 CFR, Part 31 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97. FLORIDA STATUTES: State Project (list State awarding agency, Catalog of State Financial Assistance title and number) State Awarding Agency: Division of Emergency Management Catalog of State Financial Assistance Title: Emergency Management Programs Catalog of State Financial Assistance Number: 52008 State Financial Assistance: $105,806 (less $3,082 for satellite service for 12 months) COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Pursuant to Section 252.373, Florida Statutes and Rule Chapter 9G-19, Florida Administrative Code. Eligible activities for these funds are salaries and expenses relating to maintaining and enhancing county emergency management plans and programs. Eligible recipients for these funds are the 67 Florida counties. 19 Attachment A and A-1 Scope of Work Base Grant funding from the Emergency Management Preparedness and Assistance Trust Fund is intended to enhance county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 9G-6, Florida Administrative Code and Chapter 252, Florida Statutes). This Scope of Work recognizes that each recipient is at a varying level of preparedness, and it is understood that each county has a unique geography, faces unique threats and hazards, and serves a unique population. In order to receive base grant funding, the Recipient must certify that it will use the award to enhance its Emergency Management Program. As a condition of receiving funding pursuant to this Agreement, the Recipient shall complete the work items approved by the Division and attached hereto as Attachment A-1. Subsequent revisions during the term of this Agreement shall be a written modification in accordance with Paragraph (4) of this Agreement. 20 a c R c Of L V .''-. Q ~ ~ `~ O U ~ e~ ~ o a~ ~ •v ~ o ~ ~ o a ~ N ~ ~ I 0 W o N N c~ a~ ,'~+ y h ~_ C y o~ ~,, ,b ~ c 'o Q ~ o W ~ .~ U q t, ~ 3 ~"~ • ~ A ' V N .w L m ~i O ~ ~ q o ~ U q . .-: 0 U O O V G ~ 0 ° C ~ y ~ +'~- O C ,~ ~ L'i n i ~ y • ~ ~ ~ ~ Wit'. U C ' ~ ~ O ~ ti ~ L r ~ V ~ ~ p N L 'i ~ y O N ~ N O ° ~ ~'-' ~ ~ ~' y• U W w '~' O Y O N O ~ ~ ~ ~ ~ ~ ~ y ~, ~ n, -o O U w.~ o ~,.., O.m o ~ O 'O LL ' + ~ p .~ O~ N O O ~ . N O y c~ U . : ~ b G> +~ 0 O U V y ~ ~ O s, ~ O U O Q C 0 ~ ° ° ~ cn .y ~ ~' '~ ~'" a a ~o ~ ~. v y ~ +r U ~ ~ on ~ U w 0 ~ ° 'b 3 0, ,~ O ce ~ ° Q ~ x, o~ f~HQ~ }' ° ~ ~ ~ ,o 1 V ~ L y ~~ O°~ b O ~ ~ ~ • ' y CQ ~ iy Cy .Si CQ ~ ~ bQ f.i L^i N N _ . ~ ,~.., ~ ~ ~" U N y ~ 4 .~ ~ ° j `~ ° a~ ~ ° ° o ~ ~w°Qd3 ~' .~ ~ W ~ W i a~ %~ o 40 ~ O O~ ~ ~ •~ N Of"i ~ y m ti~ • ~ YO ~ ~ ~ Le ~ ~ N O ° V a~ A"i ° Li Q i U ~ ~,,. v] a+ ~+ N o,~ o ~~ o ~~~ ~ ~ ~ ~ ~ ~ o ~ o .. ~ 'd ~ ~ 3 ° >, o U ~ v >, >, ~ ~ ~ a. ~ ° „ 0 ° C7 0 Q O p F ~ ~ A W W = ~ ° ~ ~ ° ~ ~ ~ a' ~` ~ • ~ ° 7 °' ~ I-i ° `" ~ °' a°i o .v ~ °~ ~a ° a`~'i U °q ° ~ U W ° U~ U A°'~ '"°~~a~iO°o °' ~ a~e~ a~oo, c o W a U ~ A w ;; U~ . Q . L d y.~ G~ -w "'~ h~l A N N ~ _ w o ~ q 3 o U q y ,~+ N w ~ O ^' ~ ~ q o ~ U q 0 °: ~w ~° ~ `o yw ~ ~. bn O o . ~ ~ ~ a y ., ~a °'~ ° ~ ~ ('~ G ~ y U ~ U ~ ~i' m v' ~ '•O ~~•' C. i o ~ ~ b ~ ~ F z ~ w ~ ~ `U° ~ ~ ~ o ~" V] cC ~+ .'~ ~ U N •--~ C/1 C~ N y ~ N J ~ O V N •~ a + • p" ~ c~C Q •U m ~ y ~ ~ •y3 ~ ~ ~~ ~ ~ 3 > z • ~ ~ p ~' ~ ~ ~ U c~ ~ H 3° y~~ o • a ° 3 a ~ ~ ~ v 3 •~ •o a •3 ~ ° ' c O ~ .a ~. , o ~•~~.~~y a. ~ ~ 0 3 ~w~~~~~ CC •.~ r ~ ~ Y ~ y U i . . ~j7 ( F:y ~~ ~ 'b y ^ ~ Q .~'i •~ ~ y ~ ~/ b ~ w ^~ ~ \/ L' t ' i1 ~ ~+ i..i y ~ c ~ ~ z U Y U • cy ~ ~ ~ ~ +-~ y ~-~ J~-+ w^ cC vi ~ 3 . ~ . ° • ~~ [ N U .~'.' .S: d ~ W ~ +' ~ ~ ~ O 3 3 .b '- cd ~ ~ O ~ ~ ~, ~ ~ ~ c0 • 3 ~., cd :: y s. ~"~ 'w o ~ ° ' m v ° ~ ~ ~ ~ z W ono-- 3 ~ w ~ +'~. ~ y ~~.. v ~ ~~ C~.y ~ Y ~ ~ ~ ^ ~ Y U >,•b ~ U b •~ C W G U • ~ •--~ }, .--. L' 3 ~ ~ ~~ -mo d ~~~~•~~ ~ a 0 0 }+ Fes'". yam., l~^, N .5~.' U .~ ~ ~ ~'+ z.~~~~oH~ Hs H~ ~ ~ o -~ F a~i ~ O Q P7 U o ;~ ~ zw~ a ~~ d ~. d N . ~ A M N y h ~ w e ~' ~ q 3 ~ U A ~, °' ~ o ~ '~, q +.~, U 4 b w 3 .° .. 'v ~ U N o W V] v O v~ N ~ ~ ~ i a „ ~ ~ o ~ ~ m xw ^ ~ ~ G ~ ~ b U .~ ~~ ~, ~ . N } ~ O ~ ~ ~ N O ~ W U ° ~ U w w ~y ! "' W v Ui O .U y "y" ~ ~^^ ' Q y ' .. ti ~ .. p 0 •yU. ,'~ y O b cC '' b (7 N x ~ ~ ~ W ~ ~ o 'd ~ ~o a i o V ~yy `q Q N ~ ~ V '.'.i ~+ ~ .~ ~ V ~ N ~ a ~ ~ W ~ .-. ~ 3 ~ .. ~ ° . ~. ~ ~ ~ y o h ° o' c~ F" ~ o C ~ b c ~ d V a~ i N ,~ ~ ~ ~ V] U _ O .~..i ~ ^ ~ . y ~ p . P ~ ~ V] ~. C0 ~' O O `~ A :~ ~ O ..~. ~+ r ~ O .~ U ~ a~ .~ay ~3 ~~ .~ ~~y ~ ~ d ~ N ~ ~ N ~ ~ U Q ~ % i+ ~ ~ ~ ~ ~ y ~ ~ ° ~ ~ ~ ~ ~ ° y ~ A v O U ~ `" > w ° o v c ° °~ C ~' O .o °oW~ ~° :~~~ a i C ~~.° ~ ~W ° ~ ~~ 3.a U n ~ 0 ~' ~ sa o ~ ~ .Y..!' ~ .b ,,. ~ O N C4 oq ~ ~ ~ a+ .~. a~ ce • v ~ .~ ~ W F ~ y ~ ., .., x cC W m o ,s~ •v . ~ H ~., Y a`i4. ~ ?: .y F" ao c ~ _ : a.~x . ~ CQ O U O cd d C7 ~' ~ ° ~ a...y T~ O U a~ ~ ~ O C ~' N ~ .~ o en.~ .~ o ° ~ y x a o ~ ~ •~ ~~ v^m w == ~3~ Q ~°'x ~ C C b o ~~ p °~ ;, m 3 U b ~ ~ 0 o U to O cC W ~ ~ ;~ `" ~ ~ ~ Q ~ ~ ~ ~ ~ .~ U ~ F ~ V ~~~ + C y ~ V :-. ~ W W U W~ c N ~ O ~+ U ~ O ' ' w O N ~ .: ~ ~NN++ o-F.~ G ~ ~~ 4 . ~ OD C . ~ F. ~ +3 ~ ..y-~ ~ ~ O y p N w .~ O ~ T ~ ~ ~.+ .-.~ V • ~ ~ ~ ~ ~ ~ ~ 1 ~~~++ ~ Ci y j O ~~ ~" U ~ 'O U ~ Q+ ~/ U_ ~ ~ ~ ~ V v ~ F U s~-i bA ~ U cC N V L"~ O . O N U a. cc w ~ v~ o O' ~ ¢ `~ ~ W ~ ~ a ~ U H ~ ' ~ v C e e H ~~ ou ¢~ ~ n oa v° Qv~ w w i V M .~ A N 5 5 N ,N~ ~' ~ O q ~ ti ~ o ~ U q y 5 .y C ~ +~. ^ ' A ti O ~ v q a $ o ~ o. .~ ~ w o .n ~ '~ " ~ ~ o a A a ~ ~ ~ y .~ -v ~ °w ~ ~ ° ~ o'" ~ r ~ 'b ~ ~ a 4 b '~ d1 i ~ ' . .bbd y ° O ° y N y i •cC ti U V N'O y II. LLA 0 aN~ .b ~ ~ ~ N O w 0 'C . 0 a~ ~^'ry T ' bb '~ -~ ~ }^ G > I~ a~i.d ~ o A ~ N Cq y ~ ~ ~ ~ ¢ O C ~ 'd ~ G ~ b O ~ . O N ~'b 4 ~ b 0 w ~ ~ ~oo,W ~ ~ '" G o ep f1. O :-. y ov 3v`O ~ y ~ .~ cd y ° y v ~ ~ ~ N ~ ° a~ y ~ ur . y a) ° py ° .U~~ ~ U °~ y ~ y ~ ~ ~ ~A C.~ ~ q ~'+ a i o.n °' p ,~`~U y ° y N ' ~ ~ A ~b~ 5 ~ ' ~ ° ~ b .r' ~ 8 ~E.w ~ d • V N ~ 'O ¢ o a ~> o ~ O y ~.. ~ ~ N ~ O W O y 0 C O U ~ U 0~ "fj,,.~ U~ y q p ~ .~ ~ ,~ N ~ ~+ ,ti d U U V N r-~ . ~ cn~~O ° w~v~~w ~ o -C >, ~ O ti ~ G ~ U '..i ~ N ~ ~ ~ vi b°A ~ sr~.~ , Q O d y O 00 y 0 O y 4-r Q.b c " w ~ ° ~w °o o w ° ' i.~ a N `° °° ' Q o ' o W ~ ° ~" ~ ~ o U v a a `° ~ w `'"' ° ``'' ~ j '~ '3 °' ~ ° ' " ° N ~ ~ p O '> '~ ~" '~ ~ ~ O O ~ > ~ y F A ~ ~ a, ~ ~ ,o m m ~ .~ '~ ~ " ~ ~ ° ~ ° 'd V y '" .~ ° ~ O Lam'. O O 'G ~~ ~ ' ~ w y ~ o0 3 ~ p 3 ~ c . ti .a Y [y+ O y y [C _ Ow o~ ~ ~ „ ~ ~ ~~ ~~~ ~ ~ ~ y ~ A. ~ ~ ''~' ~ 0 .O J .b ° ~y Q ~ ~ ~ r ~ ~ ~ ~ ~ y ~ ....~' a~ ° y [ ° o o ~ .o ° ~ ~ ~ ° ~ '3 °' a ~ ~ W ~ a~ 5 U C ~.~ ~~ c i a~a~a ~ ~~~ ~ w yv ~X K ° y CW.7.n vw[,Q~' U ~ ':~ isUAA~°. aw v Z'"' U ~ ~ y d' . ~ A V7 N 5 5 N ~' D1 ~ O A ~ o v q 5 o s ° q ~ y ~: v q • m 0 `n b V ~ ~ ~ N w i ~' A o ~ o `° a a ` y 'O O ~ b ~" ~ . . . 5 o ~ U dq .d .~ w o v o ' ~ ~ x A ow o d ~ ° ~ ~; O p,~ o oA .C ~'' ~«+ ~• u y. ce ~ y o ~ o ~ O ~ ~ N O ~b b N p ~~ •~ N ~ ~ C Of%~ ; A ~ ° ac°i~ ~ AAo v o . 0 3 o > ~ ~' 0 ° ° ~'~ ~ o ti ~ ~ a +• ~' `s . >' .n ~ ~ y ~ o ~~" P. o ~ •~ ~ ai c°e ~ '~ ~ ~ o V A ~y 7't3 ° ~~' y'O p V a i Cq a~ ~ ~ .V» O O N kr ~ ~ p C N O ~ o v j O , , e . N i~ O ~+ ] ~ p., ~'• y • ~ ~+ ~' (~ ~ c0 ' ~ C c~ U H O i+ Y ~ y ~ ~ G ~ ~ W ~ ~ . s. y ~ r-, U w O ~~+' ~ ~ a~+ . ~ ~. ~ o~ ~ ~ e ~+ ~ w .. ao .b N •~ ~' ~ mo w' ~ .5~' ° °~.~ y ~ p ~ = off ° a~i ~'~" ~•or •°a '~~a , ~ ~ ~ o F" ~ ~ ° a~i o M W ~ ~ ~ w b ~ y ~ ~ ~ > .~ Y y ~ °' ~ ~ r ~ ~ v a C7 ° ~ C70 3 °° " ° o ~ ~~ E ~:bo ~O 0 . a v U °'~ ~ ~ ~' ~ w o~•o F, ~v o y H•~ y A ~•N o '~W•o z<°•o U ~ 7 ~ oU ~ o•Y ~ ~; ~7 oA~ 3 o ~~ 3 3 r C ti o ~ ° ' ~ ~ ~ .a •~ 3 •33 a., ~ 3 U 3 e ~ ~ Q q ~ d R L ~ d .~ ~ a N ~ ~ '~ 5 5 ~ w y ~ ~ ~ m m i ry ~ 0 q ~ ~ q o ~ ,rUq o ~ ~Uq ~ '~ ~ ~ y ~ ~~ ~ i,r ~ 0 q 3 o q o ~ .~,Uq ~ U q O ~ DD G~' ~ N ~ N U y ~ O C N ~ + cd ~ • N . Vc C N ~ cd b ~ .~ ., ~ q v b~D y ~ ~ ~ ° ~"' c'~ a~i p 7 w •b ~ a~i per, A ~ ° o W ti ~ ,~ p ~ .~+ sue. ~ v~ .~1 c0 cd O m •6' U N -N+ N ~ +'' ~ 3 ~ N ~ a~ _ ~ ti - ~ a 3.. ~ ~ y ~ ~ V N ~ ~ ~ ~ ~-+ a+ N a 3 ~ ~.~ '~.'~.. [ . i .. r tV G "O y.~ v 4b~'^ U.U °' ° ' !~Ty! ~ ~ W ~ ~+ ~i a~ moo, ~ o a -.Y4•': ~~ ~ r~ . 0 3 •'~ o~ q v o o~ 2 ~ o p d V w~ m~ Q ~' a~i N N ^O ~ C Q. ~ b ' w q~ w... .b G. ~ C o ~~ y N ~ ~ C cC ~~~ O y U O ~ ~ c a ~ o C ~ o ~ `~ ~ 1 ^O is w' w° i ~ a~ m y ~ p a> ~ w ~ a~ a -d Y ~ ° 4 a W o~ a+ '~ cC N .G +.+ U ~ F c°j w ~ 'b ~ o ~ abAi ,o ' a. ^ >o 0o p, `'..' m ~ C m ~ ° w o ~~3a"~ °o' Ym~~°'~.yZW~.wv '~~o~ W U F" oq = ~ ~ O y N p ~ ~ `~ vii ~ '.. `3 -. a ~ ~ cd 3 •~ :° s~ ~ ~ v • y ~ s7 c ~31 0 «as ~ ¢ ~ VJ .ti p (d ~' ° ~ > ~ ~ y ~ ~ f 1 w v U y ~ N y ,~'' 'C 4" ~ ~ ~ O 'C O.' ~"' ~ y „ - . O ~ O U t. S H a .~ ~ Y~~ A y 7~ .d ~~ Q' w '~ O V .,.. ~ ~+ ~+ V cC ~-' y ~ c U ., ~ •~~ sC°, q `• ~~" W • °-~, .p. cya "ai ~° ~ p, ~ c~i o c~3 so. y v a, ~ c° ~7 ~" °~ H a 3 ~ o o ~ 3 ° o ~ ~" a°i cn ~ ~' a~ ° ~ ,~ W v ~ j Q ~ ~~~ ca ~ ,o... awib q,n'~ ~v °R~. 3A ~ o ~•~ ~ ~~ ~ 4 ~ a~i `mod ~ ~ y ° .o ~ z o ~ ° ~ ~ a' w x' [~ ~ o ~ , ~ ~ o ~ ~ v] ^ z ° a~ . . _ . c' . ~, e~ a. v .~ w m ° ° '~ ~ i o q x s. a Q ~~ ~a3~'' ^~ ~~ ~.v„~~~ ~ v v •~ :~ W ,.d~a W o o,.o.a~';,rs.. ~~~ Z c~i o a coa •v v] ,C C b b ~ . o~ O Y~ 1] 4-. 8 ~.' '~ C Q ~~.~' 8 ~.' ~., ~yo'-'mow W ~' dp sue. ° ~'~a°,°:~_~aty~>,.o:°•~ O V N m y i.+ ~ . ~ ~~ ~'' C U a~ v~^y ~ .~ o U U ~.~ U 1 o ° a '> a v~ 'o A a~ b ~ aCi A v °' c~Ya ,°, A ~!- ~ ~ r A. ix,.n a~ ~ :: ~ ~ ya i ~ c.mArnr.- a a ~w.~ ~<°~QAcCw aUv ~w ~ c,E -~ d W~U ~ ~ L s L ~ y .~ ~ ~ d •~ ~ A A .~ O 0 V W ~ ~; a~ ~ ~ ~ ~ ~ ~~ ~ ~ an o a`"i a~i ~ W °~' W ~' ~ 0 U N ~ ~~+ y C L" ,..,~I ~ ~ W U ~ C~ N ~~' ~ ~ +~., ~ N ''~ W °~' ~ ~~ ~~ 0 U a~ o ~ .~ • ~ ris Q '~ W ~ Q ~ w ~ c, ~ ~ Q O ~ bA .~.. V] ~ y Q ~ •~ W~ A Q w ~ Q A N Attachment B Budget The anticipated expenditures for the Categories listed below are for the Emergency Management Preparedness and Assistance (EMPA) State portion of this subgrant only (Paragraph (17)(a), FUNDING! CONSIDERATION). A separate budget form for the Emergency Management Performance Grant (EMPGI portion of this subgrant will be provided when federal funds are awarded by the Division Category Salaries/Fringe Benefits Other Personal Services Expenses Operating Capital Outlay Fixed Capital Outlay Anticipated Expenditure Amount $ 102,224.00 Total State Funds $ 102, 724.00 (see section 17 - FundinglConsideration) 29 Attachment C Program Statutes, Regulations and Program Requirements Program Statutes 1. .Chapter 252, Florida Statutes 2. Rule Chapters 9G-ti, 9G-11, 9G-19 and 9G-20, Florida Administrative Code 3. 48 CFR, Part 31 Program Requirements (1) EQUIPMENTAND~PROPERTY MANAGEMENT The Recipient acknowledges the completed installation of a Hughes Network Systems, Inc., Personal Earth Station and related equipment (hereinafter °the Equipment"). The Recipient acknowledges and agrees to comply with applicable terms and conditions of: (1) the State of Florida Lease/Purchase Agreement, dated October 1994, executed between Hughes Network Systems, Inc. (°HNS°), and the Division, (a copy of which is available from the Division) regarding the procurement and use of the Equipment; and (2) the Services Agreement Between Hughes Network Systems, Inc., and the State of Florida, dated January 1995, (a copy of which is available from the Division) (hereinafter, collectively, "the HNS Agreements' regarding the operation of an interactive satellite communications service for the Division, the Recipient and other sites. In particular, the Recipient agrees: A..:That any reports of problems with the Equipment or system, trouble reports, and any requests for repairs, service, maintenance or the like, shall be communicated directly and exclusively to the Division's State Warning Point (SWP) (850) 413-9910. B. That the Recipient will assist and comply with the instructions of the SWP and any technical service representative responding to the report or service request Recipient's personnel shall cooperate with and assist service representatives, as required, for installation, trouble- shooting and fault isolation, with adequate staff. C. That the Recipient shall not change, modify, deinstall, relocate, remove or alter the Equipment, accessories, attachments and related items without the express written approval of the Division. 3a D. That the Recipient shall provide access, subject to reasonable security restrictions, to the Equipment and related areas and locations of the Recipient's facilities and premises, and will arrange permitted access to areas of third-patty facilities and premises for the purpose of inspecting the Equipment and performing work related to the Equipment. Service represen- tatives and others performing said work shall comply with the Recipient's reasonable rules and regulations for access, provided the Division is promptly furnished with a copy after execution of this Agreement. The Recipient shall provide safe access to the Equipment and will maintain the environment where the Equipment is located in a safe and secure condition. The Recipient shall provide service representatives with access to electrical power, water and other utilities, as well as telephone access to the Recipient's facility as required for efficient service. E. That the Recipient shall take reasonable steps to secure the Equipment and to protect the Equipment from damage, theft, loss and other hazards. This shall not obligate the Recipient to procure insurance. The Division agrees to procure and maintain all risks insurance coverage on the Equipment. The Recipient agrees to refrain from using or dealing with the Equipment in any manner which is inconsistent with the HNS Agreements, any policy of insurance referred to in the HNS Agreements, and any applicable laws, codes ordinances or regulations. The Recipient shall not allow the Equipment to be misused, abused, wasted, or allowed to deteriorate, except normal wear and tear resulting from its intended use. The Recipient shall immediately report any damage, loss, trouble, service interruption, accident or other problem related to the Equipment to the SWP, and shall comply with reasonable instructions issued thereafter. F. That any software supplied in connection with the use or installation of the equipment is subject to proprietary rights of Hughes Network Systems, Inc., and/or HNS's vendor(s) and/or the Division's vendor(s). The use of one copy of said software is subject to a license granted from HNS to the Department, and a sublicense from the Division to the Recipient, to use the software solely in the operation of the Equipment, to commence on delivery of the software to the Recipient and to last for the term of the HNS Agreements. The Recipient shall not: (i) copy or duplicate, or permit anyone else to copy or duplicate, any part of the software, or (ii) create or attempt to create, or permit others to create or attempt to create, by reverse engineering or otherwise, the source programs or any part thereof from the object programs or from other information provided in connection with the Equipment. The Recipient shall not, directly or indirectly, sell, transfer, offer, disclose, lease, or license the software to any third party. 31 G. To comply with these provisions until the termination of the HNS Agreements. H. The amounts retained for the satellite service cover the initial order for services provided to the Division pursuant to the services agreement between Hughes Network Systems and the State of Florida. The charge does not cover maintenance, repair, additional equipment and other services not part of the initial order for services. The service charge covers only the remote corrective maintenance specified in paragraph 4.3 of the Service Agreement with HNS and does not cover other maintenance, repair, additional equipment and other services not part of the initial order for services. In particular, the service charge does not cover: 1. Maintenance, repair, or replacement of parts damaged or lost through catastrophe, accident, lightning, theft, misuse, fault or negligence of the Recipient or causes external to the Equipment, such as, but not limited to, failure of, or faulty, electrical power or air conditioning, operator error, failure or malfunction of data communication Equipment not provided to the Recipient by the Division under this Agreement, or from any cause other than intended and ordinary use.. 2. Changes, modifications, or alterations in or to the Equipment other than approved upgrades and configuration changes. 3. Deinstallation, relocation, or removal of the Equipment or any accessories, attachments or other devices. The Recipient shall be independently responsible for any and all charges not part of the initial service order. (2) NAWAS The Florida National Warning System (NAWAS) is a U.S. Department of Homeland Security product that shall be monitored 24 hours aday/365 days a year. The U. S. Department of Homeland Security supplies the line and one handset to the recipient at no cost. Additional equipment, connections and handsets are the responsibility of the recipient. 32 (3) VEHICLES Written approval from the Director of the Division of Emergency Management must be obtained prior to the purchase of any motor vehicle with funds provided under this Agreement. In the absence of such approval, the Division has no obligation to honor such reimbursement request. Any trade-in or resale funds received relating to any vehicle purchased under this subgrant is program income and must be applied toward the Recipient's Emergency Management Preparedness and Assistance (EMPA) Base Grant expenditures. (4) PROPERTY MANAGEMENT/PROCUREMENT (a) The recipient shall comply with applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Wherever required by law or otherwise permitted, the Recipient shall utilize competitive procurement practices. (b) Allowable costs shall be determined in accordance with Office of Management and Budget Circular A-102 -Common Rule. (c) Recipient agrees to use any equipment purchased under the terms of this Agreement for the purpose for which it was intended. (d) Equipment purchased under the terms of this Agreement shall remain the property of the Recipient. The disposition of equipment shall be made in accordance with the Recipient's policies and procedures and applicable federal policies and procedures. (5) CERTIFICATIONS (a) By its execution of this Agreement, the Recipient certifies that it is currently in full compliance with the Rule Chapters 9G-6, 9G-11, and 9G-19, Florida Administrative Code, Chapter 252, Florida Statutes, and appropriate administrative rules and regulations that guide the emergency management program and associated activities. (b} The Recipient certifies that funds received from the Emergency Management, Preparedness and Assistance Trust Fund (EMPA funds) will not be used to supplant existing funds, nor will funds from one program under the Trust Fund be used to match funds received from another program under the Trust Fund. The Recipient further certifies that EMPA funds shall not be expended for 911 services, emergency medical services, law enforcement, criminal justice, fire service, public works or other services 33 outside the emergency management responsibilities assigned to the Recipient's Emergency Management Agency, unless such expenditure enhances emergency management capabilities as expressly assigned in the local Comprehensive Emergency Management Plan (CEMP). (c) The Recipient certifies that it is a participant in the most current Statewide Mutual Aid Agreement (SMAA). (d) By its signature, the Recipient reaffirms its certification to employ and maintain afull-time Director consistent with Rule 9G-19.002(6), Florida Administrative Code. 6) OTHER CONDITIONS (a) As a further condition of receiving funding under this Agreement, following full or partial County Emergency Operation Center activation at a level equivalent to a State Emergency Operation Center level two (2) or above during the period of this Agreement, then the Recipient shall, within forty- five (45) days following the conclusion of the activation, evaluate the performance of all elements of the local emergency management program during that activation, and provide a written after action report to the Division. (b) Funds may not be used for items such as door prizes and gifts. Flyers and educational information to educate the public about the Emergency Management Program is allowable. (c) Food and beverages may be purchased for Emergency Management personnel and other personnel only if the Recipient's Emergency Operation Center or field command office is in an activated status and personnel receiving food/beverage are on duty at either of these locations. Purchases may be made only under (1) An Executive Order issued by the Governor or (2) a State of Emergency appropriately declared by local officials in response to an emergency event or threat. (d) Within 60 days of execution of this Agreement, the Recipient shall provide copies of any new or updated ordinances in effect which expressly address emergency management, disaster preparedness, civil defense, disasters, emergencies or otherwise govern the activation of the local emergency management program provided in s.252.38, Florida Statutes. 34 Attachment D Reports A. The Recipient shall provide the Division with quarterly financial reports, semi-annual summary progress reports prepared in conjunction with the Division's Area Coordinator, and a final close- out report, ail in a format to be provided by the Division. B. Quarterly financial reports shall begin with the first quarter of the Recipient's fiscal year; are due to the Division no later than thirty days after the end of each quarter of the program year; and shall continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are December 31, March 31, June 30 and September 30. C. The final close-out report is due thirty days after termination of this Agreement. D. In addition to the above, in order to ensure compliance with Rule 9G-19.011, Florida Administrative Code, historical budgetary information relating to the Recipient's Emergency Management Program is also required. This information shall be developed based on guidelines provided by the Department and shall be submitted to the Division electronically no later than December 31, 2009. In addition, the funds associated with the 2007 EMPG Supplemental and the additional 2008 EMPG funds must be included on this form. The Historical Information form must be prepared and signed by an official of the County's Finance Office. E. In a format provided by the Division, a proposed staffing summary shall be submitted to the Division not later than December 31, 2009. F. If all required reports prescribed above are not provided to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take such other action as set forth in Paragraphs (10), (11) and (12), and Rule 9G-19.014, Florida Administrative Code. "Acceptable to the Division" means that the work product was completed in accordance with generally accepted principles, guidelines and applicable law, and is consistent with the Scope of Work. G. Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Division. 35 H. All report formats provided by the Division shall be made available to the Recipient on the Division's Internet site and a hard copy will be mailed with a fully executed copy of the Agreement. 36 Attachment E JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: Indicate by checking one of the boxes below if you are requesting an advance. If an advance payment is requested, budget data on which the request is based must be submitted. Any advance payment under this Agreement is subject to s. 216.181(1, Florida Statutes. The amount which maybe advanced shall not exceed the expected cash needs of the Recipient within the initial three months of the Agreement. [ ] NO ADVANCE REQUESTED No advance payment is requested. Payment will be solely on a reimbursement basis. No additional information is required. ADVANCE REQUEST WORKSHEET [ ]ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, awazd benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following worksheet DESCRIPTION FFY 2006 FFY 2007 FFY 2008 Total 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDTTURESi 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide line 2 by line i.) 1 First three months expenditures need only be provided for the years in which you requested an advance. If you do not have this information, call your consultant and they will assist you. MAXIMUM ADVANCE ALLOWED CALULATION: Cell D3 DEM Award (Do not include any match) X $ MAXIMUM ADVANCE 37 REQUEST FOR R'AIVER OF CALCULATED MAXIMUiVI [ ] Recipient has no previous DEM/DCA contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. [ J Recipient has exceptional circumstances that require an advance greater than the Maximum Advance calculated above. Complete estimated expenses chart and Explanation of Circumstances below. Attach additional pages if needed. ESTIMATED EXPENSES 200 -200 Anticipated Expenditures for First Three Months BUDGET CATEGORY of Contract ADMINISTRATIVE COSTS (Include Secondary Administration.) PROGRAM EXPENSES TOTAL EXPENSES Explanation otCircumstances: 38 Attachment F Warranties and Representations Financial Management Recipient's financial management system must include the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or othervvise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. 39 Codes of conduct. The Recipient shall maintain written standards of conduct governing the performance of ifs employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his~or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from ~~ ~a Spm Monday ~hhough.' Fni.daU Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 40 Attachment G Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient, ,certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Recipient's Name Name and Title DCA Contract Number Street Address City, State, Zip Date 41 Attachment H Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted project. Also the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501,et. seq.) 3. It will comply with the minimum wage and maximum how's provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 42 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8} by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the 43 Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug- Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 44 Attachment I CHANGE SHEET Whenever there is a change to any information listed in the Telephone Directory, please note changes on this change form and submit it to our office as soon as possible. It is imperative for this directory to be as accurate as possible in the event of an emergency. A copy of these changes will be forwarded to the other counties on the Change Form included in the Telephone Directory. County: Emergency Management ContactlDirector: Mailing Address: Physical Address: Office Phone: Home Phone: Fax: Suncom: Warning Point Phone: Duty Pager: Cellular Phone: Warning Point Fax: Internet Address: Assistant Director: Office Phone: Pager: Cellular Phone: Home Phone: Other Staff: Directions to EOC: 45 4 Directions to EM Office: County Officials: Mayor: Office Phone: Fax: Chairman: Office Phone: Fax: County Administrator: Office Phone: Fax: Assistant County Administrator. Office Phone: Fax: Sheriff: Office Phone: Fax: Superintendent: Office Phone: Fax: American Red Cross: (include Chapter) Office Phone: Fax: Other: Submit changes''to Linda McWh©rter by e-mail at linda mcwhorter(o?em:myflo~iba com; 6y fax at 850- 110-1016 or at the following address: Division of Emergency;Management 2555 Shumard Oak Boufeva~d Taliahassee, .Florida 32399=2100 46 ITEM NO. VI-F2 DATE: 10/13/09 AGENDA REQUEST PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: BOARD OF COUNTY COMMISSIONERS Public Safety REGULAR ( ) CONSENT (X) PRESENTED BY(`~ Jack T. Southard Public Safety Director Second Amendment to the SchenkelShultz Contract No. C06-08-446 See attached memorandum. 316-1930-563000-2615 - EOC Construction Funds Oct. 10, 2006 -Board approved contract with SchenkelShultz for architectural services for the new Emergency Operations Center. May 6, 2008 -Board approved First Amendment to increase contract by $4, 339.00. RECOMMENDATION: Board approval of the Second Amendment to the SchenkelShultz contract No. C06-08-446 and authorization for the Chair to sign documents as approved by the County Attorney. Also, Board approval of Budget Amendment No. 10-002. COMMISSION ACTION: CONCURRENCE: (~ APPROVED ( ) DENIED ( ) OTHER ~} Approved 5-O Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) OMB Director (X) / ~~~ ~1l Lb-~ OsF- Budget Analyst '/ . Dan McIntyre Patty Marston t'1~-~-+~~-`~ ~-~ Marie Gouin Originating Dept. ( ) ( ) (Name) (Name) ti Public Safety Department MEMORANDUM TO: Board of County Co missioners FROM: Jack T. Southard Public Safety Director DATE: October 13, 2009 SUBJECT: Second Amendment to the SchenkelShultz Contract No. C06-08-446 ITEM NO. VI - F2 Background: The Board approved a contract with ShenkelShultz Architecture to provide services for the construction of the new EOC. Additional services were required to provide a master site plan for the new EOC. The County decided the EOC should be a stand alone project and receive its own separate approval. The Second Amendment increasing the contract by $45,500.00 is for additional services for the requested master site plan of which a copy is attached as Exhibit "A". Recommendation Board approval of the Second Amendment to the SchenkelShultz contract No. C06-08-446 and authorization for the Chair to sign documents as approved by the County Attorney. Also, Board approval of Budget Amendment No. 10-002. C06-08-446 SECOND AMENDMENT TO AUGUST 15, 2006 AGREEMENT BETWEEN ST. LUCIE COUNTY AND SCHENKELSHULTZ ARCHITECTURE, P. C. (EMERGENCY OPERATIONS CENTER) THIS SECOND AMENDMENT, is made and entered into this _ day of 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and, SCHENKELSHULTZ ARCHITECTURE, P. C. or his, its or their successors, executors, administrators, and assigns (the "Architect") WHEREAS, parties entered into an Agreement ("Agreement") dated August 15, 2006 wherein the Architect agreed to provide professional architectural services to the County pertaining to the St. Lucie County Emergency Operations Center ("Project"); and WHEREAS, on May 6, 2008, the parties executed the first amendment increasing the contract total by $4,339.00; and, WHEREAS, the parties desire to further amend the Agreement to increase the contract total by $45,500.00 NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree as follows: 1. The Scope of Work which is generally described in the additional services dated April 17, 2009 from Johnnie Lohrum, Jr. a copy of which is attached as Exhibit "A" outlines the additional services for the requested master site plan. Compensation for these additional services shall be a lump sum of $45,500.00. 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: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: 1 CHAIRMAN C06-08-446 APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: SCHENKELSHULTZ ARCHITECTURE, P. C. BY: Print Name: Title: ~r~~tsb i~, ~~ u SCHENKELSHULTZ D O^ A R C H I i E C 7 U R E 0 0 D DATE: Aprit 17, 2009 TO: Mr. Jack Southard Public Safety Director St. Lucie County Department of Public Safety 101 Nortli Rock Road Fort Pierce, FL 34945 FROlY1: Johnnie Lohrum, Jr. SCHENKELSHULTZ PROJECT: St. Lucie County EOC Additional Services for a Master Site Plan COi1~I11IISSION i\TO: 0620808 The following services have been requested and will be additional services as follows: Scope of Work Description; additional services Additional Services to provide the work associated With providing a Master Site Plan for the above referenced project. Initially, Mi11erl.egg was to submit the master site plan for the Fairgrounds site with the EOC to be included. Dtuing the permitting process, the County decided that the EOC should be a staled-atone project and receive its own separate approval. At that point, the responsibility became that of Culpepper & Terpening Civi] Engineers ~vho provided services associated with generating fillf site plan materials for this effort. Compensation for Services: Forty-five Thousand Five Hundred Dollars and No/100 (S 4S,S00.00) Refer to Culpepper & Terpening's letter and Invoice #58813 dated 10/14/08 that identifies each phase of the process and the associated fee. Accepted by Architect: SCHENKELSHULTZ, inc. .~-. Johnnie Lohrum, Jr. Project Manager JL/cfm cc: Caro] Mennona/SCHENKELSHULTZ 0620808/contract file Accepted by Otivner: St. Lucie County Department of Public Safety Signature Name and Title (printed) Date SCHENKELSHULTZ-WestPalmBeach • 1300\orthCangteessA~•enue • WestPalmBeach,Florida33409 Phone Sb I-697-3451 Fax 561-697-5210 • xr•~r.schwO:eL.hultz.cum Arehiteclurrl License AA-0000937 riSS-upbeack~wpbp~pjpy,~.p620pp0',0620508 SL Lucie Co~mty EIX\DPWdditional SmitesLlS OwTtr0.t1709 Swdalong Site Plan j10620.408.doc Page 1 of 1 z< a'i~ x 3 ~y ~~9 .~+-F~_"~S~ CULPEPPER ~ TERPENIN<3, 1NC CONSULTIt10 EtIG111CERS LAHO SUgYL YO qS Scadcr's Gmdl: 1~nuuiw: tntsrsy;fi~»~ October 14, 2008 VIA; Emaililohr•nm(~sclteitlcelsltu{tz.com O~rgvr~rldin U.S. tl(ni/ Johnnie Loluvnt, Jr. Schenkel Shultz 1300 North Congress tlveuue ~\~est P;~Im Beach, FL 3309 RE: Emergency Operations Center 1Ylotk Authorization for Services Rendered Dear johnttie: Project OG-G00 It has been a pleasure working with t}re Scltenkek Shultz team on the Emergency Operations Center project. Over the course of dte project however, our scope of services has been changed from our signed proposal due to decisions beyond our control. As you may recall, hvo subutittals were presented for this project: 1. Oux initial proposal which included the fitll scope of services 2. The revised proposal in which assumed I4liller-Legg tvoufd pcrfonn dte site-planning seniccs, ns clirccted by 5t. Lucie County \~~e understand that due to fire project's grant approval, keeping the project moving forward has been of the u[tnost importance. Now that the project is nearing completion, we need to Mke the tune to fulky present @te scope of scLVices our office leas performed with the good faith that we would be compensated. A brief project summai~r is below. • It~Iiller-Legg Engineering was to submit the master site plan for t{te Fairgrounds site with the EOC to be included. • Duritg the permitting process, the County decided that the EOC should be a stand-alone project and receive its own separate approval. In order to be a stand-alone project, the full site plan materials and work effort was required The ettckoscd work authorization brings t{te signed contract back to tltc origital scope of sen•ices. For our records, please sigst and return a copy to our office. Receipt of an executed \Vorl: Authorization will allow us to proceed tvitlt these scn•ices. As always, should you have any questions or concerns, please feel free to contact our office. !'SPrej4tlPpDS60p EOGConuacP:VG600 Srhtllkel WI, Lolwo4 Co~lRaa~err Propouldo: A LEGACY OF EXPERTISE AND EXCELLENCE 2980 30UTH 25TH 37REET ( FT- PIERCE. FL 349D 1 ~ t772t 464•J537 I FAX: t772> .364-9497 .. ,-..., - _. .~.~-~i~_... ...- sc,. - - .. - .....-t _. -mac.. __:Y.`a"''w...; _~-f;tc,._-~...... .. ~__. -.~_. .~. r~_ >. .,~-.... ... .-~ s.a.. , Sincercl~~, CULPEPPE~t & TERPENING, INC. ~a-nes-i~, -•~tttci~" "re~peiui~g, P.E. CEO / cnclos '"_- ~;: ~~ -; ::.~~-``~~ P.~froj-20.~B.gS-600E•OC1ConvactDd-600SCF.enke~00t.lc+n.fgConR~.v~YryPra~v-Aduc t _,_-.z. r - ...... . .._.~ t,~-ems- ._ _, .. --._..., -+ , ::.~t-;- CUIPEPPBR S. TERPENIPfG, INC [Oq9 UlTlNO ENOIN[CN3 LANG 9VnV~YOt19 Ta: Sclten}:el Shultz At#tt: Samuel J. Ferreri, AIA 1300 North Congress Avenue West Palm Beacll, FL 33409 October 14, 2008 SC1300 Invoice: 58813 Project: 06-600-WA-04 St. Lucie County Emergency Oporntious Center -Additional Consh•uctiou Phttse Services Project Principal; James P. "Butch" Terpening, P,)/. Project Manager; .lames P. "Batch" Terpeniug, P.E. Contract Type; Phased Fixed Fee Professional Services fol• t11e Period thror<lgl~ 9/3U/2008 Billing Grotty: WA-04 -- Additional Construction Pl>tase Services contract Amount $ 4ss00.00 Phase . 20-1 f Site Plan Applicatio,i 20-51 Project Representation & Coordination 20-29 Traffic Analysis 30-08 Specific Putpose Survey 30-11 Sketch & Description 60-32 Construction Engineering Observation &0-0 t Reimbursable Expenses P(tase Totals Invoice P t se Fee C nomlete Fee Earned Prior Billin>r Current Fee $3,000.00 100.00 $3,000.00 50.00 $3,000.00 51,700.00 100.00 54,700.00 50.00 $4,700.00 54,soo.oo loo.oti 54,8oo.ao So.oa 54,goo.oo 59,500.00 100.00 59,500.00 50.00 $9,500.00 St,700.00 100.00 51,700.00 50.00 SI,700.00 517,800.00 100.00 517,800.00 50.00 5!7,800.00 54,000.00 100.00 54,000.00 50.00 54,000,00 545,500.00 545,500.00 50.00 54s,500.00 III~•oice Total: ~~15,500.00 A LEGACY QF EXPERTISTsAND EXCELLBI~ICE 2980 SOUTH 25TH ST1tEET FT. PIERCE, FL 3~t981 (772) J6~1-3537 BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Public Safety PREPARED DATE: 10/1/2009 AGENDA DATE: 10/13/2009 ACCOUNT NUMBER TO: 316-1930-563000-2615 ACCOUNT NAME Infrastructure AMOUNT $45, 500 FROM: N FOR BUDGET AMENDMENT: To cover an amendment to the ShenkelShultz agreement ~+vi~ I IntaC1YV T tSALAN(:E: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # 8 INPUT BY: n/a BA10-002 ITEM NO. VI-F3 DATE: 10/13/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Public Safety SUBJECT: Ethernet Time Server for the 911 Center BACKGROUND: See attached memorandum. PRESENTED B Jack T. Southar Public Safety Dir or FUNDS AVAILABLE: 001430-2120-564000-200 - 911 Phone System Grant -Interest PREVIOUS ACTION: June 12, 2008 -Board accepted a $1,019,393.06 grant from the State for the purchase of a new phone system for the new 911 Center. RECOMMENDATION: Board approval of the purchase of an Ethernet Time Server for the 911 Center in the amount of $1,500.00 and authorization for the Chair to sign documents as approved by the County Attorney. Also, approve Budget Resolution No. 09-290 and Equipment Request No. EQ10-014. COMMISSION ACTION: (~j APPROVED ( ) DENIED ( ) OTHER Approved 5-O CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) OMB Director (X ) ~~ ~,-,~ Budget Analyst Dan McIntyre ~o atty Marston K~-~..-Y~~ Marie Gouin Originating Dept. ( ) ( ) (Name) (Name) RESOLUTION NO. 09-290 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the State of Florida E911 County Grant Program Office -Department of Management Services in the amount of $1,500. Per the grant's amendment, the funding is from the unrestricting $1,500 of the grant's accumulated restricted interest, and will be used for the purchase and installation of an Ethernet Time Server for the 911 Center. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 13`h day of October, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2009-2010, and the County's budget is hereby amended as follows: REVENUE 001430-2120-334210-200 Dept of Mgmt Svc-E911 State Grant $1,500 APPROPRIATIONS 001430-2120-564000-200 Machinery 8~ Equipment $1,500 After motion and second the vote on this resolution was as follows: Commissioner Paula Lewis, Chair XXX Commissioner Charles Grande, Vice Chair XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED THIS 13T" DAY OF OCTOBER, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2009-2010 AGENDA DATE :October 13, 2009 DEPARTMENT: PUBLIC SAFETY RECOMMENDED: YES NO REVISED DIVISION: CENTRAL COMMUNICATIONS APPROVED: YES NO REVISED EQUIPMENT: ETHERNET TIME SERVER ADDITIONAL COSTS BUDGET AMOUNT: E1,500 X NEW REPLACEMENT YES NO JUSTIFICATION: Purchase a ethernet time server for the 911 Center. The ethernet time server allows sharing accurate time with the computer (CAD), phone equipment, and logging recorder. EQUIPMENT REQ#: EQ10-014 ACCOUNT#: 001430-2120-564000-200 TYPICAL ACCURACY: When ronnetted to a Nettlodc unit RS-232/RS-485: Time rode 3100 microseconds ro tl mllBwcond of UTC, format dependent Ethernet NTP. Output ptter within 350 microseconds relative ro UfC rypicd OUTPUTS AVAILABLE: TYPO Connector Ethernet 10/100 Base-T R1451auto sensing) RS-232 Serid Connector' DB9 ferrate RS-485 Once-per-Second' 3.81mm Terminal Block Alarm Outpuh (up to 3) 3.81mm terminal Block Progrommahle Timer Output (up fo 3) 3.81 mm Terminal elak ' krill Nme code famak 0, 1, 211BM Syspkz), 3, 4, 7, 8, 901GK) NETWORK PROTOCOLS: • NIP v2, v3, v4: (onfomts with or exceeds RFC 1305 • IPv4/IPvb: Dual srodc and 4330. Supports Unicast, Broadmst, • DN(P/DNCPb: Auromotic IP address assigmnent MDS encryption, Peering, Shnrom 2, Autokey • IDAP. Authentication • NTfP. Browser-based ronfigaotion and monBornrg • RADIUS: Audtenticalion • Telnet Remote configuration • Syslog: logging • FTP Server. Access to logs • Tune (RK868) •SNMP. Supporh vl, v2, v2c, and v3 • Daytime (RFC867) (no oath/oath/privy wBh Enterprrse MIB SECURITY FEATURES: • Enable block prorocoh • Set SNMP community name and nelwak guess • Possward protected • Encryptiam DES, 3DE5, AES • Authentiation: SHAT, MDS • SSl Web Bawd Interface: Web UI uses SSL ro Blow the use of the sears HTTPS prated ro access ronfgaotion and status web papa. •SSH: uti~es SSL and data compression tedtnologies ro provide o seas and effiriem means ro ronhd, communicate wOh, and hcetsfer dote to or from Ilse musts dodo remotely. • SCP: is used ro searely tiatrsfa fBes to and from the time serves over an SSH session. • SFTP: is an fiP replaremem that operates over an encrypted SSH hansport. • SHMPr3 (no auth/auth/priv): Blows remote configuration and management over an encrypted annecfion. INPUTS AVAILABLE: TYPO Connector RS-485 Once-per-Second' 3.BImm Termind Bbck RS-232 Serid Set-up Interface' DB9 female P0~ 3 pin screw trmind ' kcepted serial line mde famaK 0, ?. 8 kres sN+ip testae configure network settings. the purl works et %~ hwd, BNI, aid ran he acessed wish a PC tamed emulate POWER: 90-240 VA(, 473 Hr from wpplied external (E/UL/(SA approved power supply rrilh IE( 320 universal power and comecror. North American power card included. Ahemate type line cords a adapters may 6e ohtaiaed ktcaBy. UnH opa ates from 12 VDC nan6tol (+9.5 -+30 VDQ ~ 18 watts. Ruhidian, option 04 uses 24 VDC nominal (+1 B -+32 VD() 43 25 amps. FRONT PANEL: • Status Indicators: `Power" and "Sync" muhfcolor LED sveoeme•., wb~w a a,°~. • ~•P~...~r »;•wr "der sP.°,.~,,,„° ~~Y a •. crab ate. o zoos sP.~.°m,,, ~. 0308.9388(A) SIZE/VIIEIGHL Designed fa EIA 19' mdc mount. l bJS W x 1.12' H (1 U) x 14.00° D scrod (425 mm W x 44 mm H x 356 mm D scrod) Weight 6.5 Rrz (2.95 kg) Rodc mount hardware included (assembly required) ENVIRONMENTAL: ~ohn9 Storage MIL-STD-810F Method iemperorore: 0° ro 50°C -40° ro +8S°C 501.4 502.4 Hunidity: 109tr95% R.N., nontondensing 10%-95% R.H., nontondensing , 507.4 Altitude: 15,000 h 40,000 ft 500.4 Shock: 15g/0.53 0; 11 ms, hoN sine wave 40g/1.16 oz, 11 ms, half sine wave 516.5 Ydtrotion: 10-SSHx/0.015g, 55-SOOHx/1.Og 10-SSHz/O.15g, 55-SOONr/2.Og 514.5 AGENCY APPROVALS: ~% CEO WARRANTY S-YEAR LIMITED WARRANTY: • Extended woiranry H mrdahle. ORDERING INFORMATION Specify Etheme/ lime Sewer, Alodel 9388 Fa additiond Spechacom accessories, conrod the Sdes Deparhnent for mere information W`N`N.spectracomcorp.com • sales@spectracomcorp.com ~• 95 Methodist Hill Drive • Rochester, NY 14623 USA 1509001 Phone: +1.585.321.5800 • Fax: +1.585.321.5819 PERFORMANCE PHYSICAL 8 ENVIRONMENTAI "'1 0 0 0I NT Y -, F L O R I D A AGENDA REQUEST ITEM NO. VI-G DATE: 10/13/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BYr Diana D. SUBMITTED BY: Airport Airport Dire~cwtor • , SUBJECT: Resolution No. 09-294, Florida Department Transportation (FDOT) Joint Participation Agreement (JPA), Taxiway A and B Rehabilitation BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Pending BOCC approval. PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Resolution No. 09-294 accepting the FDOT Joint Participation Agreement in the amount of $71,250 for the Taxiway A and B Rehabilitation project, and authorization for the Chair to sign the document as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (~ APPROVED ( ) DENIED ( ) OTHER ~~ - Appro~ed 5-O Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (y~) OMB Director (~%} 7 n Budget Analyst ei Mcint~e Heather Young 'I t~u)onnu ~j ~ hn56n Originating Dept. ( ) (Name) ERD ( ) (Name) ~~Iy. Marie Gouin CaLINTY ~, F L O R I D A AIRPORT MEMORANDUM TO: Board of County Commissioners FROM: Diana D. Lewis, Airport Direct DATE: October 13, 2009 SUBJECT: Resolution No. 09-294, Florida Department Transportation (FDOT) Joint Participation Agreement (JPA), Taxiway A and B Rehabilitation ITEM NO. VI-G1 Background: Taxiway A parallels Runway 10R/28L and is 6,500 feet in length and 50 feet wide. The original 4,500 foot section of this taxiway was last resurfaced in 1985. The 1,500 feet of the taxiway that was added when the runway was extended in 1990 has not been resurfaced since it was built. Taxiway B is a parallel taxiway associated with Runway 14/32. This taxiway is 4,400 feet in length and 50 feet wide, and was last resurfaced in 1985. In October 2007, a pavement inspection was conducted by the Florida Department of Transportation (FDOT). The inspection results showed that both taxiways were in fair to poor condition, with sections of Taxiway B listed as very poor. It has been over 20 years since these taxiways was last milled and paved, and the pavement has reached its useful life. The attached FDOT JPA will supplement a Federal Aviation Administration grant to be requested for this project in FY 2010. The FDOT match under this project is $71,250 (2.5%) with a local match of $71,250 (2.5%) for a total project cost of $2,850,000. Recommendation Board approval of Resolution No. 09-294 accepting the FDOT Joint Participation Agreement in the amount of $71,250 for the Taxiway Alpha & Bravo Rehabilitation project, and authorization for the Chair to sign the document as approved by the County Attorney. RESOLUTION NO. 09-294 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FIN. PROJ. N0. 418174-1-94-01) TO REHAB TAXIWAYS A &t B AT THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT 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 to Rehab Taxiways A ~ B at the St. Lucie County International Airport (Fin. Proj. No. 418174-1-94-01 ). 2. The Board should authorize and approve execution of the Public Transportation Joint Participation Agreement with the State of Florida Department of Public 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 Public Transportation Joint Participation Agreement with the State of Florida (Fin. Proj. No. 418174-1-94-01) to provide funding to Rehab Taxiways A ~t B at the St. Lucie County International Airport. 2. The Board hereby authorizes the 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 09-294 was as follows: Chair Paula Lewis Vice-Chair Charles Grande Commissioner Doug Coward Commissioner Chris Craft Commissioner Chris Dzadovsky PASSED AND DULY ADOPTED this ATTEST: DEPUTY CLERK BY: XXX XXX XXX XXX XXX day of 2009. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 725-030-06 PUBLIC TRANSPORTATION osros Page 1 of 14 Financial Project No.: Fund: DS 418174-1-94-01 Function: 637 item-segment-p ase-sequence Federal No. _ Contract No.: DUNS No.: _ CFDA Number: CSFA Number: FLAIR Category: 088719 Object Code: 750004 Org. Code: 55042010428 Vendor No.: VF596000835030 55004 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie County Board of County Commissioners hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before October 31, 2011 and this Agreement will expire unless a time extension is provided in accordance with Section 18.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006(6) Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is To provide FDOT participation in a project toRehabilitate Taxiways "A" & "B" at St Lucie County International Airport. and as further described in Exhibit(s) A, B, C, & D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 725-030.06 PUBLIC TRANSPORTATION 06109 Page 2 of 14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 2,850,000 .This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 71,250 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility :Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the adopted work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding Q is QQ is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage : Retainage Q is ~ is not applicable. If applicable, percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 6.00 Project Budget and Payment Provisions: 725030-06 PUBLIC TRANSPORTATION osros Page 3 of 14 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices; contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. nsoso-os PUBLIC TRANSPORTATION O6ID9 Page 4 of 14 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single orprogram-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500, 000 in any fiscal year, the recipient 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 of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "D" 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 recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate enfity for Federal program matching requirements. 2. In connection wi#h the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. 725-030-06 PUBLIC TRANSPORTATION 06/09 Page 5 of 14 Part III Other Audit Requirements 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Section 7.622 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Office of Modal Development 3400 W. Commercial Blvd. Ft Lauderdale, FL 33309 B. The number of copies required by Sections .320 (d)(1) and (2), OMB CircularA-133, submitted to 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 (f), OMB Circular A-133. 2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Office of Modal Development 3400 W. Commercial Blvd. Ft Lauderdale, FL 33309 In addition, pursuant to Section .320 (f}, OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, and any management letters issued by the auditor, to the Department at each of the following addresses: Office of Modal Development 3400 W. Commercial Blvd. Ft Lauderdale, FL 33309 725-030-06 PUBLIC TRANSPORTATION 06109 Page 6 of 14 Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Office of Modal Development 3400 W. Commercial Blvd. Ft Lauderdale, FL 33309 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 Section 7.62 Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: Office of Modal Development 3400 W. Commercial Blvd. Ft Lauderdale, FL 33309 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-133, Section 215.97, Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department-upon request. Records of costs incurred include the Participant's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing_work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or refsortable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 725-030-06 PUBLIC TRANSPORTATION O6ID9 Page 7 of 14 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 W. Commercial Blvd. Ft Lauderdale , FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; or 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." 725-030-06 PUBLIC TRANSPORTATION osros Page 8 of 14 8.30 Disallowed Costs: In determining the amount of the payment, prior to receipt of annual notification of funds availability, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books; records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 725030-06 PUBLIC TRANSPORTATION 06/09 Page 9 of 14 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consu-tants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI -Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII -Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 72Er030-O6 PUBLIC TRANSPORTATION O6IW Page 10 of 14 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. nsosa os PUBLIC TRANSPORTATION osros Page 11 of 14 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the -Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. rzso3o-os PUBLIC TRANSPORTATION osros Page 12 of 14 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before October 31, 2011 If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director of Transportation Development .Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 725-030-06 PUBLIC TRANSPORTATION asros Page 13 of 14 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Department of Financial Services Hotline, 877-693-5236. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. ~zsoao-os PUBLIC TRANSPORTATION 06109 Page 14 of 14 Financial Project No. 418174-1-94-01 Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY St. Lucie County Board of County Commissioners AGENCY NAME FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE LEGAL REVIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION _Director of Transportation Development TITLE Fin. Proj. No.: 418174-1-94-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County BOCC. PROJECT LOCATION: St Lucie County International Airport PROJECT DESCRIPTION: Rehabilitate Taxiways A & B SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. The plans and specifications review required in paragraph 15.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit "C". SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A Fin. Proj. No.: 418174-1-94-01 Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County BOCC. I. TOTAL PROJECT COST: $2,850,000 I I . PARII CI PATI ON: Federal Participation: FAA FTA, UMTA, etc. 95.00% $2, 707, 500 Agency Partiapation: I n-Khd Cash 2.50% $71,250 Other *y`Ma~amum Department Partiapation: Primary(DS) (DDR) (DIM) (PORT) 2.50% $71,250 Federal Reimbursable (DU) (FRA) (DFTA) Local Reimbursable (DL) III. TOTAL PROJECT COST: $2,850,000 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040.15 EXHIBIT ~t^i~f AVIATION OGC - 03109 AVIATION PROGRAM ASSURANCES Pagelof9 FINANCIAL PROJECT NO.: 418174-1-94-01 EFFECTIVE DATE: A. General 1. The assurances herein shall form an integral part of the Joint Participation Agreement (Agreement) between the State of Florida, Department of Transportation (Department) and the airport sponsor, whether county or municipal government body or special district, such as an Airport Authority (herein, collectively referred to as "Agency"). 2. These assurances delineate the obligations of the parties to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit A, "Project Description and responsibilities" and Exhibit B, "Project Budget", as well as serving to protect public investment in public-use airports and the continued viability of the Florida Aviation System. 3. The Agency shall comply with the assurances as specified in this Agreement. 4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility developed; equipment acquired; or project items installed within a facility for an airport development or noise compatibility program project, but shall not exceed 20 years from the effective date of this Agreement. 5. There shall be no limit on the duration on the terms and assurances of this Agreement regarding Exclusive Rights and Airport Revenue so long as the property is used as a public airport. 6. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired with funds provided by the State of Florida. 7. Subject to appropriations, the Department shall continue to comply with its financial commitment to this project under the terms of this Agreement, until such time as the Department may determine that the Agency has failed to comply with the terms of the Agreement and/or these assurances. 8. An Agency that has been determined by the Department to have failed to comply with the terms of the Agreement and/or these assurances shall be notified, in writing, by the Department, identifying the specifics of the non- compliance and any corrective action by the Agency to remedy the failure. 9. Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the Department's continued financial commitment to this project and immediately require the Agency to repay the Department the full amount of funds expended by the Department on this project. 10. Any history of failure to comply with the terms of an Agreement and/or assurances will jeopardize the Agency's eligibility for further state funding of airport projects by the Department. B. Agency Compliance Certification 1. General Certification: The Agency hereby certifies, with respect to this project, it will comply, within its authority, with all applicable, current laws and rules of the State of Florida and local government, as well as Department policies, guidelines, and requirements, including but not limited to the following: a. Florida Statutes (F.S.) • Chapter 163, F.S., Local Government Comprehensive Planning and Land Development • Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens • Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports • Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce • Chapter 332, F.S., Airports and Other Air Navigation Facilities Chapter 333, F.S., Airport Zoning b. Florida Administrative Code (FAC) • Chapter 9J-5, FAC, Review of Comprehensive Plans and Determination of Compliance • Chapter 14-60, FAC, Airport Licensing, Registration, and Airspace Protection • Section 62-256.300(5) FAC, Open Burning, Prohibitions, Public Airports STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040.15 EXHIBIT "C" AVIATION OGC - D3/D9 AVIATION PROGRAM ASSURANCES Page2of9 • Section 62-701.320(13), FAC, Solid Waste Management, Permitting, Airport Safety c. Local Government Requirements • Airport Zoning Ordinance • Local Comprehensive Plan d. Department Requirements • Eight Steps to Building a New Airport • Florida Airport Financial Resource Guide • Florida Aviation Project Handbook • Guidebook for Airport Master Planning • Guidelines for Plan Development 2. Construction Certification: The Agency hereby certifies, with respect to aconstruction-related project, that all design plans and specifications will comply with applicable federal, state, local, and professional standards, as well as Federal Aviation Administration (FAA) Advisory Circulars (AC's) and FAA issued waivers thereto, including but not limited to the following: a. Federal Requirements • FAA AC 70/7460-1, Obstruction Marking and Lighting • FAA AC 150/5300-13, Airport Design b. Local Government Requirements • Local Building Codes • Local Zoning Codes c. Department Requirements • Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Commonly Referred to as the "Florida Green Book") • Manual on Uniform Traffic Control Devices • Section 14-60.007, Florida Administrative Code, "Airfield Standards for Licensed Airports" • Standard Specifications for Construction of General Aviation Airports 3. Land Acquisition Certification: The Agency hereby certifies, regarding land acquisition, that it will comply with applicable federal and state policies, regulations, and laws, including but not limited to the following: a. Federal Requirements • Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 • National Environmental Policy of 1969 • FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for Airport Projects • FAA Order 5100.376, Land Acquisition and Relocation Assistance for Airport Projects b. Florida Requirements • Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation) • Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation) • Section 286.23, F.S., Public Business: Miscellaneous Provisions C. Agency Authority STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15 EXHIBIT "C" OGCIA03/09 AVIATION PROGRAM ASSURANCES Page3of9 1. Legal Authority: The Agency hereby certifies, with respect to this project Agreement, that it has the legal authority to enter into this Agreement and commit to this project; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the airport sponsors governing body authorizing this Agreement, including assurances contained therein, and directing and authorizing the person identified as the official representative of the governing body to act on its behalf with respect to this Agreement and to provide any additional information as may be required. 2. Financial Authority: The Agency hereby certifies, with respect to this project Agreement, that it has sufficient funds available for that portion of the project costs which are not paid by the U.S. Government or the State of Florida; that it has sufficient funds available to assure future operation and maintenance of items funded by this project, which it will control; and that authority has been granted by the airport sponsor governing body to commit those funds to this project. D. Agency Responsibilities The Agency hereby certifies it currently complies with or will comply with the following responsibilities: 1. Accounting System a. The Agency shall create and maintain a separate account to document all of the financial transactions related to the airport as a distinct entity. b. The accounting records shall be kept by the Agency or its authorized representative in accordance with Generally Accepted Accounting Principles and in an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. c. The Department has the right to audit and inspect all financial records of the airport upon reasonable notice 2. Good Title a. The Agency holds good title, satisfactory to the Department, to the airport or site thereof, or gives assurance, satisfactory to the Department, that good title will be obtained. b. For noise compatibility program projects undertaken on the airport sponsor's property, the Agency holds good title, satisfactory to the Department, to that portion of the property upon which state funds will be expended, or gives assurance, satisfactory to the Department, that good title will be obtained. 3. Preserving Rights and Powers a. The Agency will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms and assurances of this Agreement without the written approval of the Department. Further, it will act promptly to acquire, extinguish, or modify, in a manner acceptable to the Department, any outstanding rights or claims of right of others which would interfere with such performance by the Agency. b. If an arrangement is made for management and operation of the airport by any entity or person other than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the terms and assurances of this Agreement. 4. Hazard Removal and Mitigation a. For airport hazards located on airport controlled property, the Agency will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. b. For airport hazards not located on airport controlled property, the Agency will work in conjunction with the governing public authority or private land owner of the property to clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. The Agency may enter into an agreement with surrounding property owners or pursue available legal remedies to remove potential hazards to air navigation. 5. Airport Compatible Land Use a. The Agency assures that appropriate airport zoning ordinances are in place consistent with Section 333.03, F.S., "Airport Zoning", or if not in place, that it will take appropriate action necessary to ensure local government STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15 EXHIBIT "C" AVIATION OGC - 03/09 AVIATION PROGRAM ASSURANCES Page4of9 adoption of an airport zoning ordinance or interlocal agreement with another local government body having an airport zoning ordinance, consistent with the provisions of Section 333.03, F.S. b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural or man-made, dangerous to navigable airspace or that would adversely affect the current or future levels of airport operations. c. The Agency assures that it will disapprove or oppose any attempted change in local land use development regulations that would adversely affect the current or future levels of airport operations by creation or expansion of airport incompatible land use areas. 6. Consistency with Local Government Plans a. The Agency assures the project is consistent with the currently existing and planned future land use development plans approved by the local government having jurisdictional responsibility for the area surrounding the airport. b. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable consultation with those parties affected by the project. c. The Agency will consider and take appropriate actions, if deemed warranted, to adopt the current, approved Airport Master Plan into the local government comprehensive plan. 7. Consistency with Airport Master Plan and Airport Layout Plan a. The Agency assures that any project, covered by the terms and assurances of this Agreement, is consistent with the current, approved Airport Master Plan. b. The Agency assures that this project, covered by the terms and assurances of this Agreement, is consistent with the current, approved Airport Layout Plan (ALP), which shows: (1) The boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; (2) The location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) The location of all existing and proposed non-aviation areas on airport property and of all existing improvements thereon. c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its facilities that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by the Department. d. Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. 8. Airport Financial Plan a. The Agency assures that it will develop and maintain acost-feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements identified in the Airport Master Plan and depicted in the Airport Layout Plan, and any updates thereto. (1) The financial plan shall be a part of the Airport Master Plan. (2) The financial plan shall realistically assess project phasing considering availability of state and local funding and likelihood of federal funding under the FAA's priority system. (3) The financial plan shall not include Department funding for projects which are inconsistent with the local government comprehensive plan. b. All project cost estimates contained in the financial plan shall be entered into and kept current in the Joint Automated Capital Improvement Program (JACIP) online website. 9. Airport Revenue The Agency assures that all revenue generated by the airport will be expended for capital improvement or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15 EXHIBIT "C" AVIATION OGC - 03/09 AVIATION PROGRAM ASSURANCES Page5of9 owner or operator of the airport and which are directly and substantially related to the air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 10. Fee and Rental Structure a. The Agency assures that it will maintain a fee and rental structure for facilities and services at the airport that will make the airport as self-sustaining as possible under the circumstances existing at the particular airport. b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures that the price charged for that facility will be based on the fair market value. c. The Agency assures that property or facility leases for aeronautical purposes shall not exceed a period of 30 years. 11. Public-Private Partnership for Aeronautical Uses a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential tenant agree that an aircraft hangar ortenant-specific facility, respectively, is to be constructed on airport property for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the airport owner or operator may grant to the aircraft owner or tenant of the facility a lease that is subject to such terms and conditions on the facility as the airport owner or operator may impose, subject to approval by the Department. b. Duration of the terms or conditions in Section D11 a shall not exceed a period of 30 years. 12. Economic Nondiscrimination a. The Agency assures that it will make the airport available as an airport for public use on reasonable terms without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public. (1) The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. (2) The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. b. The Agency assures that each airport Fixed-Based Operator (FBO) shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such airport and utilizing the same or similar facilities. 13. Air and Water Quality Standards The Agency assures that in projects involving airport location, major runway extension, or runway location that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. 14. Operations and Maintenance a. The Agency assures that the airport and all facilities, which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accorda~=ice with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation, as well as minimum standards established by the Department for State of Florida licensing as a public- use airport. (1) The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. (2) Except in emergency situations, any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. (3) The Agency assures that it will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. b. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when adverse weather conditions interfere with safe airport operations. 15. Federal Funding Eligibility STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15 EXHIBIT "C" AVIATION OGC - 03/09 AVIATION PROGRAM ASSURANCES Page6of9 a. The Agency assures it will take appropriate actions to maintain federal funding eligibility for the airport and it will avoid any action that renders the airport ineligible for federal funding. b. Ineligibility for federal funding of airport projects will render the Agency ineligible for state funding of airport projects. 16. Project Implementation a. The Agency assures that it will begin making expenditures or incurring obligations pertaining to this airport project within one year after the effective date of this Agreement. b. The Agency may request aone-year extension of this one-year time period, subject to approval by the Department District Secretary or designee. c. Failure of the Agency to make expenditures, incur obligations or receive an approved extension may allow the Department to terminate this Agreement. 17. Exclusive Rights The Agency assures that it will not permit any exclusive right for use of the airport by any person providing, or intending to provide, aeronautical services to the public. 18. Ai~eld Access a. The Agency assures that it will not grant or allow general easement or public access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage, except for those normal airport providers responsible for standard airport daily services or during special events at the airport open to the public with limited and controlled access. b. The Agency assures that it will not grant or allow general easement or public access to any portion of the airfield from adjacent real property which is not owned, operated, or otherwise controlled by the Agency without prior Department approval. 19. Retention of Rights and Interests The agency will not sell, lease, encumber, or otherwise transferor dispose of any part of its title or other interests in the real property shown as airport owned or controlled on the current airport layout plan without prior written approval by the Department. It will not sell, lease, encumber, terminate, waive, or otherwise transfer or dispose of any part of its title, rights, or other interest in existing noise easements or avigation easements on any property, airport or non airport, without prior written approval by the Department. These assurances shall not limit the Agency's right to lease airport property for airport-compatible purposes. 20. Consultant, Contractor, Scope, and Costs a. The Department has the right to disapprove the Agency's employment of consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. b. Further, the Department maintains the right to disapprove the proposed project scope and cost of professional services. 21. Planning Protects If this project involves planning or other aviation studies, the Agency assures that it will: a. Execute the project per the approved project narrative or with approved modifications. b. Furnish the Department with such periodic project and work activity reports as indicated in the approved scope of services. c. Make such material available for public review, unless exempt from public disclosure. (1) Information related to airport security is considered restricted information and is exempt from public dissemination per Sections 119.071(3) and 331.22 Florida Statutes. (2) No material prepared under this Agreement shall be subject to copyright in the United States or any other country. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040.15 EXHIBIT ~t~+iff AVIATION OGC - 03/09 AVIATION PROGRAM ASSURANCES Page7of9 d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. e. If the project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto, it will be consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth of the airport and the Agency will comply with the Department airport master planning guidebook, including: (1) Provide copies, in electronic and editable format, of final project materials to the Department, including computer-aided drafting (CAD) files of the Airport Layout Plan. (2) Develop acost-feasible financial plan, approved by the Department, to accomplish the projects described in the Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto. The cost-feasible financial plan shall realistically assess project phasing considering availability of state and local funding and federal funding under the FAA's priority system. (3) Enter all projects contained in the cost-feasible plan in the Joint Automated Capital Improvement Program (JACIP). f. The Agency understands and agrees that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. g. The Agency will submit master planning draft and final deliverables for Department and, if required, FAA approval prior to submitting any invoices to the Department for payment. h. The Department may extend the 5-day requirement for the approval and inspection of goods and services to allow for adequate time for review (reference Section 215.422(1), F.S.). 22. Land Acquisition Projects If this project involves the purchase of real property, the Agency assures that it will: a. Laws: Acquire the land in accordance with federal and state laws governing such action. b. Administration: Maintain direct control of project administration, including: (1) Maintain responsibility for all related contract letting and administrative procedures. (2) Secure written Department approval to execute each agreement for the purchase of real property with any third party. (3) Ensure a qualified, State certified general appraiser provides all necessary services and documentation. (4) Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar days after completion of the review appraisal. (5) Establish a project account for the purchase of the land. (6) Collect and disburse federal, state, and local project funds. c. Reimbursable Funds: If funding conveyed by this Agreement is reimbursable for land purchase in accordance with Chapter 332, Florida Statutes, the Agency will comply with the following requirements: (1) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. (2) If federal funds are received for the land purchase, the Agency shall notify the Department, in writing, within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares per Chapter 332, Florida Statutes. (3) If federal funds are not received for the land purchase, the Agency shall reimburse the Department within 30 calendar days after the reimbursable funds are to achieve normal project state and local funding shares as described in Chapter 332, Florida Statutes. (4) If federal funds are not received for the land purchase and the state share of the purchase is less than or equal to normal state and local funding shares per Chapter 332, F.S., when reimbursable funds are due, no reimbursement to the Department shall be required. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15 EXHIBIT "C" AVIATION OGC - 03109 AVIATION PROGRAM ASSURANCES Page8of9 d. New Airport: If this project involves the purchase of real property for the development of a new airport, the Agency assures that it will: (1) Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. (2) Complete an Airport Master Plan within two years of land purchase. (3) Complete airport construction for basic operation within 10 years of land purchase. e. Use of Land: The Agency assures that it shall use the land for aviation purposes in accordance with the terms and assurances of this Agreement within 10 years of acquisition. f. Disposal of Land: For disposal of real property purchased in accordance with the terms and assurances of this Agreement, the Agency assures that it will comply with the following: (1) For land purchased for airport development or noise compatibility purposes, the Agency will, when the land is no longer needed for such purposes, dispose of such land at fair market value and/or make available to the Department an amount equal to the state's proportionate share of its fair market value. (2) Land shall be considered to be needed for airport purposes under this assurance if: (a) It serves aeronautical purposes, e.g. runway protection zone or as a noise buffer. (b) Revenue from uses of such land contributes to airport financial self-sufficiency. (3) Disposition of land under Section 22f(1) or (2), above, shall be subject to retention or reservation of any interest or right therein needed to ensure such land will only be used for purposes compatible with noise levels related to airport operations. (4) For disposal of real property purchased with Department funding: (a) The Agency will reimburse the Department a proportional amount of the proceeds of the sale of any airport-owned real property. (b) The proportional amount shall be determined on the basis of the ratio of the Department financing of the acquisition of the real property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. (c) Sale of real property acquired with Department funds shall be at fair market value as determined by appraisal, and the contract for sale must be approved in advance by the Department. (d) If any portion of the proceeds from the sale to the Agency is non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations. 23. Construction Projects: The Agency assures that it will: a. Project Certifications: Certify project compliances, including (1) Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. (2) All design plans and specifications comply with federal, state, and professional standards and applicable FAA advisory circulars, as well as the minimum standards established by the Department for State of Florida licensing as a public-use airport. (3) Completed construction complies with all applicable local building codes. (4) Completed construction complies with the project plans and specifications with certification of that fact by the project Engineer. b. Design Development: For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, which are hereinafter collectively referred to as "plans", the Agency will certify that: (1) The plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15 EXHIBIT "C" AVIATION OGC - 03109 AVIATION PROGRAM ASSURANCES Page9of9 (2) The plans shall be consistent with the intent of the project as defined in Exhibit A and Exhibit B of this Agreement. (3) The project Engineer shall perform a review of the certification requirements listed in Section B2 above and make a determination as to their applicability to this project. (4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. c. Inspection and Approval: The Agency assures that: (1) The Agency will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Department for the project. (2) The Agency assures that it will allow the Department to inspect the work and that it will provide any cost and progress reporting, as may be required by the Department. (3) The Agency assures that it will take the appropriate corrective action necessary, as required by the Department, for work which does not conform to Department standards. d. Pavement Preventive Maintenance: The Agency assures that for a project involving replacement or reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance management program and that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. 24. Noise Mitigation Projects: The Agency assures that it will: a. Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, the Agency shall enter into an agreement with that government body. (1) The local agreement, satisfactory to the Department, shall obligate the unit of local government to the same terms and assurances that apply to the Agency. (2) The Agency assures that it will take steps to enforce the local agreement if there is substantial non- compliance with the terms of the agreement. b. Private Agreements: For noise compatibility projects on privately owned property, (1) The Agency shall enter into an agreement with the owner of that property to exclude future actions against the airport. (2) The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. Financial Project No. 41f3174-1-94-n1 Contract No. Agreement Date EXHIBIT D State Agency Catalog of State Financial Assistance (Number & Title) Amount FDOT 55004 -Aviation Grant Program $ 71,250 COMPLIANCE REQUIREMENTS Activities Allowed: Airport Planning Airport Planning Grants are to study options for airport development and operations. The Department funds airport master plans, airport layout plans (ALP), noise and environmental studies, economical impact, services development, and airport promotion. Examples of projects are: - Master plans and ALPs; - Master drainage plans; - Environmental assessments (EA); - Development of regional impact (DRI); - Operations and emergency response plans; - Federal Aviation Regulations (FAR) Part 150 noise studies; - Environmental impact studies (EIS); -Wildlife hazard studies; - Feasibility and site selection studies; - Business plans; -Airport management studies and training; -Air services studies and related promotional materials. (FDOT Aviation Grant Program Handbook) Airport Improvement These grants are to provide capital facilities and equipment for airports. Examples of projects are: - Air-side capital improvement projects (runways, taxiways, aprons, T-hangers, fuel farms, maintenance hangers, lighting, control towers, instrument approach aids, automatic weather observation stations); - Land-side capital improvement projects (terminal buildings, parking lots and structures, road and other access projects); - Presentation projects (overlays, crack sealing, marking, painting buildings, roofing buildings, and other approved projects; - Safety equipment (including AARF fire fighting equipment and lighted Xs); - Safety projects (tree clearing, land contouring on overrun areas, and removing, lowering, moving, and marking, lighting hazards); - Information technology equipment (used to inventory and plan airport facility needs); - Drainage improvements. (FDOT Aviation Grant Program Handbook) Joint Participation Agreement (JPA) Exhibit D Page 1 Land Acquisition This grant program protects Florida's citizens from airport noise and protects airport clear zones and runway approach areas from encroachment. Administrative Costs, appraisals, legal fees, surveys, closing costs and preliminary engineering fees are eligible costs. In the event the negotiation for a fair market value is unsuccessful, the court will be petitioned for "an Order of Taking" under the eminent domain laws of Florida. Examples of projects are: -Land acquisition (for land in an approved master plan or ALP); -Mitigation land (on or off airport); -Aviation easements; -Right of way; -Approach clear zones. (FDOT Aviation Grant program Handbook) Airport Economic Development This grant program is to encourage airport revenue. Examples of projects are: -Any airport improvement and land purchase that will enhance economic impact; -Building for lease; -Industrial park infrastructure and buildings; -General aviation terminals that will be 100 percent leased out; -Industrial park marketing programs. (FDOT Aviation Grant Program Handbook) Aviation Land Acquisition Loan Program The Department provides interest free loans for 75 percent of the cost of airport land purchases for both commercial service and general aviation airports. This is a general description of project types. A detail list of project types approved for these grant programs can be found in the Aviation Grant Program manual which can be accessed through the Internet at www.dot.state.fl.us/Aviation/Public.htm. Allowable Cost: See part three of compliance supplement Cash Management: See part three of compliance supplement Matching Requirements are as follows: Commercial Service Airports When no federal funding is available, the Department provides up to 50 percent of the project costs. When federal funding is available, the Department can provide up to 50 percent of the non-federal share. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) General Aviation Airports When no federal funding is available, the Department provides up to 80 percent of project costs. When federal funding is available, the Department can provide up to 80 percent of the non- federal share. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Economic Development Joint Participation Agreement (JPA) Exhibit D Page 2 The Department provides up to 50 percent of airport economic development funds to build on- airport revenue-producing capital improvements. This program is for local match only. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Airport Loans The Department provides a 75 percent loan program to fund the Aviation Land Acquisition Loan Program. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Joint Participation Agreement (JPA) Exhibit D Page 3 '„q ~ ~ ~ ~~ ~ F L t3 R t D R AGENDA REQUEST CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Faye W. Outlaw, M.P.A. SUBMITTED BY: Administration County Administrator SUBJECT: Economic Development Council Fourth Quarter Invoice BACKGROUND: See attached memorandum FUNDS AVAILABLE: 001-1515-582000-100 -Aid to Private Organization $50,000 666-1515-582000-100 -Aid to Private Organization $12,500 PREVIOUS ACTION: See attached memorandum RECOMMENDATION: Board acceptance of the Fourth Quarter Report from EDC as fulfilling the requirements of the Contract and authorization for disbursing payment in the amount of $62,500 towards the matching grant. COMMISSION ACTION: (~ APPROVED ( ) OTHER ( ) DENIED Approved 5-O ITEM NO. VI-H ~ DATE: 10/13/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures County Attorney ( ) _ ~' OMB Director ( ) Budget Analyst Daniel McIntyre Originating Dept. Q~ ) ~ ERD ( ) (~ Fa a W. Outlaw, M.P.A. ~~~ Marie Gouin Patty Marston (Name) 1/' ~ .~ ~ COUNTY ADMINISTRATION MEMORANDUM TO: Board of County Commissioners FROM: Faye W. ` County Administrator DATE: October 13, 2009 RE: Economic Development Council -Accepting the Fourth Quarter Report and Authorizing Matching Grant Funds Payment ITEM NO: VI-H BACKGROUND The Board of County Commissioners entered into a contract on October 14, 2008 (C08-10- 594) agreeing to disburse a grant, in the amount of $150,000, to the Economic Development Council of St. Lucie County for FY 2008-2009. On January 6, 2009, the Board agreed to amend Contract 08-10-594 increasing the amount to $250,000. The increase was made with the understanding that prior to any quarterly payment of $62,500, EDC would provide St. Lucie County quarterly interim reports showing that the goals and objectives have been met, as outlined in the Contract. Therefore, attached is a copy of the Fourth Quarter Activities Report, as well as an invoice in the amount of $62,500. RECOMMENDATION Staff recommends acceptance of the Fourth Quarter Activities Report from the Economic Development Council of St. Lucie County, and authorization for disbursing payment in the amount of $62,500 toward the matching grant. FWO/jdp 09-090 c: Lee Ann Lowery, Assistant County Administrator Dan McIntyre, County Attorney Marie Gouin, Management and Budget Director Attachments f 1 KONOMIC DEVELOPMENT COU NCII Of 5T. tUC1E [OUNTV August 31, 2009 TO: EDC CONTACT P.O. NUMBER TERMS L. Pelton Receipt St. Lucie County ATT: Ms. Faye Outlaw, County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982-5652 QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1 Investment Grant - 4`h Quarter JUL-SEP 09 $62,500 $62,500 Fiscal Year OCT 08-SEP 09 Please make check payable to: Economic Development Council of St. Lucie County, Inc. _ r~, 1850 SW Fountainview Blvd., Suite 205 _~_~ ~ (1~ti~~ '~', Port St. Lucie, FL 34986 `.' i ~ '~~~~ S~Q 2 8 2DQ9 '~~. If you have any questions concerning this invoice please call Candy Marlow (772) 879-4144 ~ _ ~ G~. ~.~,`i~~y. ~FF,CE~ Thank You! Economic Development Council of St. Lucie County 1850 SW Fountainview Blvd., Suite 205 • Port St. Lucie, FL 34988 •772-879-4144 • FAX 772-879-7477 • contact@youredc.org Economic Development Council of St. Lucie County, Inc. Activities Report -Fiscal Year 2008-09 Q4 RECRUITMENT During the fourth quarter of FY 2008-09, active recruiting efforts included: • Project Green (manufacturer) -hosted a conference call between the prospect and Enterprise Florida; prospect decided to put project on hold. • Proiect Tanker (biofuel manufacturer) - conducted a site tour of possible sites with the prospect. • Proiect Training (professional services) -participated in a conference call with the prospect; project awaiting corporate management approval. • Project Bumblebee (information technology) -assisted in obtaining letters of intent from the city of Port St. Lucie and St. Lucie County; organized meetings with city manager and county administrator; negotiating lease and site agreements; coordinated a press release. • Project Vision (manufacturer) -participated in a conference call with the prospect and Enterprise Florida;assisted in obtaining the county matching resolution; assisted in submitting the prospect's application to the state and received approval from the state for a QTI award. Organized a public announcement for October 6. • Project Can Do (manufacturer/distributor) -assisted in obtaining letters of intent from St. Lucie County and TCERDA; hosted 3 meetings with the prospect and the county administrator and research park executive director; assisted in negotiations with the TCERDA board; hosted a meeting between the prospect and the county administrator; assisted in lease negotiations; hosted a conference call between the prospect and Commissioner Craft. Assisted company in applying to OTTED for QTI grant. • SilverLine Plastics (manufacturer) -Assisted the business in submitting an Ad Valorem Tax Abatement application on behalf of Commissioner Coward. • Project Part (manufacturer) -Submitted site locations in response to an EFI project referral for an aircraft parts manufacturer (150 jobs, $42,000 annual wage, $5M capital investment). • Project Magic Carpet (manufacturer) -Submitted site locations in response to an EFI project referral for a bus manufacturer (500 jobs, 115% of average wage, $75M capital investment) • Project Ebenezer (call center) -Submitted site locations in response to an EFI project referral for a call center (900 jobs, $18-20M capital investment). • New Planet BioEnergy (biofuel manufacturer) -Met with Ray Crabbs of INEOS to discuss their plans to convert vegetable waste to produce ethanol; assisted in arranging a meeting with USDA. • Biofuel manufacturer -Met with company to discuss plans to convert citrus waste to power and to utilize algae ponds to produce biofuel. • Participated in a conference call with investors to discuss their efforts to grow jobs through utilization of the federal EB-5 foreign investment visa program. BUSINESS RETENTION AND EXPANSION EDC continues working with companies already located within the county including: • Project 8 - a manufacturer in Fort Pierce with expansion plans to begin operating a division for low-cost solar technologies. Introductions, outline of project, and facility tours were coordinated with county, city, and FPUA • Project 9 -potential expansion of existing business. EDC supplied company with several options for new site expansion. Projections include approximately $5,000,000 capital investment in new equipment and the building (excludes land cost) and potentially 10 new jobs. • Assisted Oxford Management Services in obtaining a Quick Response Training Grant to train 303 new employees; partnered with Workforce Florida, Inc. and Indian River State College. • Continued assisting East Coast Plastics, a new Port St. Lucie business, with their St. Lucie County Ad Valorem Tax Abatement application /process and followed up with decision by the BOCC. East Coast Plastics will also receive an Ad Valorem Tax Abatement from the city. • EDC contacted Port St. Lucie City Manager regarding a temporary occupancy permit on behalf of two expanding companies within the city, one company dependant on the other's relocation. • Project 10 -Assisted with potential sites for expanding local retail-distribution company. • Working with Ft. Pierce manufacturing company on potential expansion. Organized two meetings with FPUA and company to address electric consumption planning. C:\Documents and Settings\PentzJ\Local Settings\Temporary Internet Files\Content.0utlook\310B613E\EDC Activities Report FY OS-09 Q4.docx f Twenty five local businesses were targeted to participate in the Business Retention & Expansion (BRE) Program to identify companies ready for expansion or at risk, understand local businesses' needs, trends and other factors that might lead to expansion or relocation and establish ongoing communication between the public and private sector. Partners interviewing these companies include the Chamber of Commerce BRE committee. The EDC staff continues to develop relationships with the staffs at the county and cities to better assist new and existing businesses as needs arise. MEMBER RELATIONS Responded to all inquiries from members, providing information, introductions and follow-up. The EDC has verbal commitments from several companies from whom we project approximately $20,000 in new membership revenue. In collaboration with Indian River State College's Community & Corporate Training Institute, eight Learn @ Lunch workshops were scheduled and are presented monthly, March through October. The workshops are given by EDC members and attended by entrepreneurs and local business owners to gain an understanding of the realities of business ownership and challenges of entrepreneurship. COMMUNICATION EDC staff routinely meets with the mayors, council members and administrative staff of both cities, and commissioners and staff at the County to make sure lines of communication are open and that the EDC is a constant resource for both cities and the County. We are also in close and constant communication with the St. Lucie County School Board. The EDC hosted a monthly meeting of its members (Coffee Talk) with invited guests of City Manager David Recor and Scripps Newspaper editorial board. The EDC participated in the monthly meetings of the Treasure Coast Education, Research and Development Authority Board, the Florida's Research Coast Economic Development Coalition, and the Treasure Coast Council of Local Governments. C:\Documents and Settings\PentzJ\Local Settings\Temporary Internet Files\Content.0utlook\3106BI3E\EDC Activities Report FY 08-09 Q4.docx ITEM NO. VI-H2 -~ ~"~ - ~- ~ DATE: 10!13/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Charlotte Lombard SUBMITTED BY: Administration/Tourism Tourism Development Manager SUBJECT: 2009 / 2010 Contracts for the Treasure Coast Sports Commission BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 611-5210-582000-500 Aid to Private Organizations 001-5210-582000-500 Aid to Private Organizations PREVIOUS ACTION: October 7, 2008 -Board approval of 2008 / 2009 contracts September 22, 2009 -Board approval of $100,000 one time supplemental funding RECOMMENDATION: Board approval of the 2009 / 2010 contracts for the Treasure Coast Sports Commission in the amount of $250,000 and authorization for the Chair to sign the contracts as prepared by the County Attorney. COMMISSION ACTION: ~ APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) ~ ,~, n s-~, Budget Analyst Dan McIntyre ~~ Jennifer Hill Originating Dept. ( ) (Name) ERD ( ) (Name) TO: Board of County Commissioners Administration/To u ris m MEMORANDUM THROUGH: County Administrator, Faye W. Outlaw, MPA FROM: Charlotte Lombard Tourism v ~ DATE: October 13, 2009 SUBJECT: Proposed 2009 / 2010 Contracts for the Treasure Coast Sports Commission ITEM NO. VI-H2 Background: The Treasure Coast Sports Commission (TCSC) has been promoting tourism in the County by attracting sporting events that provide measurable economic impact to the County and the Treasure Coast since 1999. At the July 1, 2009 Tourist Development Council (TDC) meeting, the TDC recommended the approval of $150,000 of grant funding to the TCSC. These funds are generated by the tourist tax. In addition, the TDC requested the Board provide an additional $100,000 of one-time supplemental funding from the general fund to the TCSC. The additional funds will fund bid fees and sponsorships that will bring more sporting events to the County. The Board approved the one time supplemental funding request at the Board meeting on Tuesday, September 22, 2009. Total recommended funding to the TCSC for FY 2009 / 2010 is $250,000. Below is a breakdown of the funding allocation: $100,000 -Administrative costs (funded by the TDC) 150 000 -Bids fees and sponsorships (funded by the TDC and the BOCC) $250,000 -Total Recommendation Board approval of the 2009 / 2010 contracts for the Treasure Coast Sports Commission in the amount of $250,000 and authorize the Chair to sign the contract as prepared by the County Attorney. FY 2009/2010 GRANT CONTRACT (Administrative Costs) THIS CONTRACT, made this day of , 2009, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and TREASURE COAST SPORTS COMMISSION, INC., a Florida not-for-profit corporation, or its successors, executors, administrators, and assigns hereinafter called the "Recipient": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Recipient a grant in the total amount of one hundred thousand and 00/100 dollars ($100,000.00) for administration costs. The County shall disperse the grant funds in accordance with the following schedule: October 15, 2009 $10,000.00 November 15, 2009 $10,000.00 December 15, 2009 $10,000.00 January 15, 2010 $10,000.00 February 15, 2010 $10,000.00 March 15, 2010 $10,000.00 Apri115, 2010 $10,000.00 May 15, 2010 $10,000.00 June 15, 2010 $10,000.00 July 15, 2010 $10,000.00 2. The Recipient shall use the grant monies for the operational expenses associated with its efforts to attract, stimulate, and promote sporting events in St. Lucie County from the date first above written through and including September 30, 2010. Operational expenses shall be limited to staff salaries, office supplies, equipment, marketing, and advertising costs. The Recipient shall submit quarterly written reports to the St. Lucie County Tourism Development Manager regarding the expenditure of the grant funds and activities of the Recipient, particularly the promotion of sporting events in St. Lucie County. The reports shall be delivered on or before February 1, 2010, May 1, 2010, August 1, 2010, and November 1, 2010. 3. The Recipient shall have internal fiscal controls adequate to safeguard the grant funds. 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to this contract, any money not so used shall be reimbursed to the County. 5. The Recipient shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of the grant. In the alternative and subject to the prior written approval of the County Administrator and Budget Director, the Recipient may submit qualifying paid invoices in lieu of a certified audit. The Recipient shall submit all documents required under this paragraph within ninety (90) days after the end of its current fiscal year. 6. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this agreement, to audit the use of the grant monies. Upon demand, H: \TCSC\2010\Admi nContrnct.wpd the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Recipient agrees to fully indemnify and hold harmless the County, its officers, employees, and agents of and from all liabilities, damages, claims, recoveries, costs and expense in any way arising out of the receipt or expenditure of these monies. 8. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 9. All publications issued by the Recipient shall include the following statement: "Sponsored in part by the St. Lucie County Board of County Commissioners and the St. Lucie County Tourist Development Council." In the alternative, the Recipient shall use the Tourist Development Council's logo, subject to prior approval of the St. Lucie County Tourism Development Manager. 10. Either party may terminate this contract with or without cause upon thirty (30) days written notice to the other provided however the Recipient shall reimburse the County for all unexpended funds or funds expended in conflict with Recipient's application, as of the date of termination notice. 11. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following addresses: To the County: St. Lucie County Administrator Administration Annex 2300 Virginia Ave., 3rd Floor Fort Pierce, Florida 34982 With copy to: St. Lucie County Attorney Administration Annex 2300 Virginia Ave., 3rd Floor. Fort Pierce, Florida 34982 To the Recipient: Treasure Coast Sports Commission, Inc. Tradition Field 527 NW Peacock Boulevard Port St. Lucie, Florida 34986 12. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for contract modification, Recipient agrees to use said forms. H: \TCSC\2010\Admi nContract.wpd 2 t 13. Except as otherwise provided, this agreement shall be binding upon and shall insure to the benefit of the parties. 14. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supercede all previous communications, representations or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY TREASURE COAST SPORTS COMMISSION, INC. BY: PRESIDENT DATE: DEPUTY CLERK ATTEST: SECRETARY (SEAL) H: \TCSC\2010\AdminContrnct.wpd 3 f FY zoo9/2oio GRANT CONTRACT (Bid Fees and Sponsorships) THIS CONTRACT, made this day of , 2009, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County;' and TREASURE COAST SPORTS COMMISSION, INC., a Florida not-for-profit corporation, or its successors, executors, administrators, and assigns, hereinafter called the "Recipient." IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Recipient a grant in the total amount of one hundred fifty thousand and 00/ 100 dollars ($150,000). The County shall reimburse the Recipient's sports event bid fees in accordance with the following schedule: November 15, 2009 $20,000 December 15, 2009 $30,000 January 15, 2010 $10,000 March 15, 2010 $10,000 April 15, 2010 $10,000 May 15, 2010 $20,000 June 15, 2010 $20,000 July 15, 2010 $20,000 August 15, 2010 $10,000 The Recipient shall submit a written report on each event funded by the grant to Tourism Development Manager within thirty (30) days after the completion of the events written report. The report on the event(s) funded by the grant shall include, but not be limited to, the number of attendees at the event, a list of hotels and/or other accommodations used by participants and attendees at the event, the number of room nights generated by the event and a copy of the brochure, flyer or poster used to market the event. 2. The Recipient shall expend grant monies towards bid fees and sponsorships of events within St. Lucie County based on the number of attendees at the event, hotels and/ or other accommodations used by participants and attendees at the event, and room nights generated. 3. The Recipient shall have internal fiscal controls adequate to safeguard the grant funds. 4. If the grant cannot be used or a subsequent audit reveals the grant was not used according to this contract, any money not used shall be reimbursed to the County. 5. The Recipient shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of the grant. In the alternative and subject to the prior written approval of the County Management and Budget Director, the Recipient may submit qualifying paid invoices in lieu of a certified audit. The Recipient shall submit all documents required under this paragraph within ninety (90) days after the end of its current fiscal year. 6. `The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this Contract, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of funds. 7. The Recipient agrees to fully indemnify and hold harmless the County, its officers, employees, and agents of and from all liabilities, damages, claims, recoveries, costs and expense in any way arising out of the receipt or expenditure of these monies. 8. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 9. All publications issued by the Recipient shall include the following statement: "Sponsored in part by the St. Lucie County Board of County Commissioners and the St. Lucie County Tourist Development Council." In the alternative, Recipient shall use the Tourist Development Council's logo, subject to prior approval of the St. Lucie County Tourism Development Manager. 10. Either party may terminate this Contract, with or without cause upon thirty (30) days written notice to the other provided however the Recipient shall reimburse the County for all unexpended funds or funds expended in conflict with Recipient's application, as of the date of the termination notice. 11. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following addresses: To the County: St. Lucie County Administrator Administration Annex 2300 Virginia Ave., aid Floor Fort Pierce, Florida 34982 With a Copy to: St. Lucie County Attorney Administration Annex 2300 Virginia Ave., aid Floor Fort Pierce, FL 34982 To the Recipient: Treasure Coast Sports Commission, Inc. Tradition Field Sports Complex 527 NW Peacock Boulevard Port St. Lucie, Florida 34986 12. No amendment, modification or waiver of this Contract shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Contract shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for contract modification, Recipient agrees to use said forms. 13. Except as otherwise provided, this Contract shall be binding upon and shall insure to the benefit of the parties. 14. This Contract embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Contract shall supercede all previous communications, representations or agreements, either verbal or written, between parties hereto. 15. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DA CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: SECRETARY TREASURE COAST SPORTS COMMISSION, INC. BY: PRESIDENT DATE: H: \ TCSC\ 2010\ BidSponsorshipFeesContract. wpd ~ F ~ c Ci a ~T R Y ~>a~- ITEM NO. VI-II DATE: 10/13/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Leo J. Cordeiro SUBMITTED BY: Solid Waste Director SUBJECT: Bid waiver and sole source determination. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 401-3410-546000-300 Equipment Maintenance PREVIOUS ACTION: October 12, 2004 -Board approved bid waiver and sole source. October 4, 2005 -Board approved bid waiver and sole source. September 26, 2006 -Board approved bid waiver and sole source. September 25, 2007 -Board approved bid waiver and sole source. September 23, 2008 -Board approved bid waiver and sole source. RECOMMENDATION: Board approval of bid waiver and sole source determination for the purchase of parts and service from Kelly Tractor for Caterpillar, Flagler Equipment for Volvo, Sierra International Machinery for the balers and conveyors, Continental Biomass Industries for the grinder and Lubo, USA, for the construction and demolition recycling equipment. Authorization for Chair to execute contracts as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (xj APPROVED ( ) DENIED ( ) OTHER ~--~_ } Approved 5-O Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director (X) f~ Budget Analyst I~ (Name) Marie Gouin Tawonna Johnson Solid Waste ( ) Purchasing (X) ~~ ~' °~ --~ °- (Name) Desiree Ciminio ~Oi~I~iTY F L C! R t D A~ TO: Board of County Commissioners FROM: Leo J. Cordeiro ~ Solid Waste Director ~ DATE: 10/13/09 Solid Waste Department MEMORANDUM SUBJECT: Bid waiver and sole source declaration for the purchase of parts and service from various vendors for Landfill equipment. ITEM NO. VI-II Background: The St. Lucie County Landfill owns and operates equipment from vendors that are either proprietary or has protected territories from their respective vendors.' Kelly Tractor for Caterpillar, Flagler Equipment Company for Volvo, Sierra International Machinery, LLC, for the baler system, Continental Biomass Industries, Inc for the grinder and LUBO USA for the construction and demolition recycling system are the vendors that the Solid Waste Department utilizes. Most of the equipment has an extended warranty and the service is required to be performed by the dealer. As per Section 5.5; Paragraph a, (4), of the Purchasing Manual this request is for service contracts for maintenance, repairing, or servicing of existing equipment owned by the County. Additionally, as per Section 5.5; b attached is a memorandum of explanation for sole source procurements approved by the Management and Budget/Purchasing Director. (Attachment A.) Recommendation: Board approval of bid waiver and sole source declaration for the purchase of parts and service from Kelly Tractor for Caterpillar, Flagler Equipment for Volvo, Sierra International Machinery for the balers and conveyors, Continental Biomass Industries for the grinder and Lubo, USA, for the construction and demolition recycling equipment. Authorization for Chair to execute contract as approved by the County Attorney. LJC:dIs Attachment Attachment A SOLID WASTE DEPARTMENT MEMORANDUM 09-040 TO: Marie Gouin, Management and Budget Director FROM: Leo J. Cordeiro ~'`~? Solid Waste Director DATE: September 14, 2009 RE: Sole Source As per Section 5.5; Paragraph b of the Purchasing Manual we are submitting a memorandum of explanation for sole source procurements. The St. Lucie County Landfill owns and operates equipment from Kelly Tractor for Caterpillar, Flagler Equipment Company for Volvo, Sierra International Machinery, LLC, for the baler system, Continental Biomass Industries, Inc for the grinder and LUBO USA for the construction and demolition recycling system. All of the parts for the equipment are only available from the dealer of the equipment. All of the equipment ranges in cost from $300,000 to $1,000,000 dollars. Service almost always has to be done by the dealer either for the warranty issues or because of their expertise. If approved this will be the 10th year that we have sole sourced vendors for the Landfill. As per Section 5.5; Paragraph a, (4), this request is for service contracts for maintenance, repairing, or servicing of existing equipment owned by the County. Please let me know if you need additional information. Thank you. LJC:dIs APPROVED BY: Marie oui t ~t~0 jOQ Management & Budget Director J J ~"` ITEM NO. VI-I - ~ ~ . V DATE: 10/13/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Leo J. Cordeir ~~~ SUBMITTED BY: Solid Waste Director SUBJECT: Purchase of Equipment from City of Port St. Lucie. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Budget Amendment BA10-001 moving funds from 401-3410-599300-300 Reserves to 401-3410-564000-300 Equipment & Machinery. PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Equipment Request EQ10-015 and Budget Amendment BA10- 001. Additionally, Board authorization to purchase a used tractor and Litter Picker from City of Port St. Lucie for a total purchase price of $20,000. COMMISSION ACTION: ~ APPROVED ( ) DENIED ( ) OTHER Approved 5-O County Attorney ( ) (Name) Originating Dept. ( ) (Name) CONCURRENCE: ~~ - Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst Purchasing (X) /'i'i arie Gou in TawonnaJohnson (X) esiree Cimino `~ _ 1 ~ I r --~ a ~-~...~. Solid Waste Department MEMORANDUM TO: Board of County Commissioners FROM: Leo J. Cordeiro, Director ~~~ Solid Waste DATE: 10/13/09 SUBJECT: Purchase of Equipment from City of Port St. Lucie. ITEM NO. VI-I2 Background: Due to the nature of an active Landfill, litter from the hill or trucks is a constant maintenance issue. It takes four day laborers and a supervisor at least four hours per week to pick up the litter on the 300+ acres of the Landfill, at a cost of approximately $28,000 per year. The City of Port St. Lucie has a tractor and Litter Picker that is surplus to them and has been approved by the City Council for sale. The City has allowed us to use the tractor and Litter Picker to see if it would accomplish the job. The Litter Picker accomplished in two hours with one man what it took five people four hours to do. Amortizing the cost of the equipment ($20,000) over five years, and the two hours labor per week, it will cost $5,600 per year. If Board approved, the savings the first year would be approximately $22,400, which pays back the initial cost in the first year. Attached are photos of before and after as well as a comparable cost on a tractor of similar age and operating hours. Recommendation: Board approval of Equipment Request EQ10-015 and Budget Amendment BA10-001. Additionally, Board authorization to purchase a used tractor and Litter Picker from City of Port St. Lucie for a total purchase price of $20,000. LJC:dIs Attachment A -Equipment Request EQ10-015 Attachment B -Budget Amendment BA10-001 Attachment C, D & E -Photos of before and after Attachment F -Comparable cost. Attachment A ' ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2009-2010 AGENDA MEETING 10/13/09 RECOMMENDED: X YES NO REVISED DEPARTMENT: SOLID WASTE REVISED APPROVED: YES NO _ DIVISION: SOLID WASTE ADDITIONAL COST EQUIPMENT: USED TRACTOR AND LITTER PICKER X YES NO BUDGET AMOUNT: $20,000 X NEW REPLACEMENT ,_ ~_ - The City has allowed us to use the tractor and Litter Picker to see if it would do the job. The Litter Picker accomplished in two hours with one man what it took five people four hours to do. Amortizing the cost of the equipment ($20,000) over five years, and the two hours labor per week, it will cost $5,600 per year. If Board approved, the savings the first year would be approximately $22,000 and a payback the first year. IPMENT REQ#: EQ10 0015 'ACCOUNT#• 401-3410-564000-300 Attachment B' BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: OMB/Solid Waste PREPARED DATE: 9/23/2009 AGENDA DATE: 10/13/2009 AC~U~T.~tUMBEFt- --_- :a~~ TO: 401-3410-564000-300 Machinery & Eauiome FROM: REASON FOR BUDGET AMENDMENT: Litter Picker ...v~~.v ~ or+uvn~.t: n/a THIS AMENDMENT: n/a REMAINING BALANCE: n/a DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # 8~ INPUT BY: 10-001 000 i4 ~~. ~' i. Y. I i J' ~ _'# Fp 1 ~;~ ~~ ~ { ~j: ~t ~` . ~ it ,~rx`,~i ~~; . `~ n .~ ~~. ` o , , ~, t~ `~. ~ ~ ~ 4 ~ ~; ~~ ~ f 4 5 i ~~ ~achment D Dining ~~ ,, , . x ~ '~~?„ ~r-~~,~ F '~ ~`~ ~ ~ , ~ Attachment E After I, ~, 1"' y ~ ~t ~ ' `~' ~ ~~ w ~ ~. i ~~ t ~ . ~ ~~ ~ ~ ~ ~ ~ ~~~ ~ ~ ~ ~ ~ ~ ~ r t . ~ <i ' Y 4 ~ r tt ~ ~ t i iI ~ r k t a., ~ + t ~~ ~ ~~'°~rr ~R. ,~~p~: l~~b~r~:~ ~ ,,.~tr . ~~' ~ s, ~ ,, n ; l•tl ,~ t~1t~`''~' LE it _ ~a ~~' S t ~ .'} ~, 't~ ~Y r .. I 4 ~ ~ ~ r rh r .. rf '°' " i~ ray 7 firr '~ 4i~+S' k h -l r Y.~ ~,~{ , ^K. r ~.'b' G s t ~t ra.r ~, _tii"l~'~~,~ ~ f ~° .,~ xr s~°" .~~ -'~"!K~ 3 ~. '~ . ~ ~ ~ e.~ p ~ ~ 4 ?. !' i .7.a"~~ '~ L~„ v~;'!+s-~ "` . hi~'.$F~~ ~+'` ~'~lr ~'~'~, 'r`:~` ®„' "yam f ~ i e ~ rte;.., ~~wy I ~ _ ~ ~~~ ~~~ ~~ ~ ~ +E.,. ~ ..y_ >' ,E. ,+C,_/~ ir'•'~~_e!~tq~ ~L+~'7aQ,u,.e~ .+. ~:~~ < ^ ~ gip. 4'~,'~rr ;..: ~ ~r~ t~~C '~tc ~ r ~y.ac" ^~iC,.~~t,. ,..x 4~~'F~ ~.: - +`Y1'~t~+a~~~: ~N ~~~t'~li+i-_ ..ii.~ "^ a z .a_Y ~R . IZ 'I~,,~.r} ) ~ 1 " ,;k.?w n~ ~~~`r~'~'~a'S%iW+:'~~~wa .'~^ti ~~;+ G: ~. ~. ~`~"#E I 1 . Attachment F ~~,~ ~ ? ~ tl ~ ~ . .~; ~~ )~ _-~ ~ `i~~~ ~~ 'Q i~,,. f0 Y '~ V~ ri i `~3 IC W ~ W ~ ~ ~ I ~ yPr O L _ ~ _ ~ tr_ - O f '~ .. ~ ~'+° ~ !~ ~ ~ saw p _f t ~ ~ ~ c C h ~ ~ } 'w ~ w ~ i o~ l- +~ p ~ ~i'_, ..a N ' ~ 'a ~ ~ 3 ~,,~ Sc ~ "~ V ~ t ~ ~" ~~' ~ Z '< tt ~ N r i 96. r.. ; ~ ~~ ~ ~~ s~~~~ ~ j ~~ i ~'~ ~ ~ a ~ ~ ~ ' ~ ~. ,~ < ~ I o } ~~ ~ ! ~ ~ : x ®I s ~I ;~ ~ ro, l ~ ~ ~~ 'I ~ ~~_~ . , -b ~_ -, ~ ~ ~ -- ~_ ~. W W 5-., c~~~ ~ "' . ~~ ~ ~ ~~ ~ya~ , ~ ~~~ ~g ~~ T ~ ~ ~7 m .' ~~ ~y w ~`o' -~ Z ~ ~, ~A ;C ~ ~, ~ ~ t1 NT ~ PUBLIC HEARING ( ) LEG. ( ) QUASI-JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Leo J. Cordeiro SUBMITTED BY: Solid Waste Department Director /f SUBJECT: Construction of a closure cap system on Phase II and IIIA of the Class I Landfill. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 401-0000-209600-000 Phase II Closure 401-0000-209609-000 Phase IIIA Closure PREVIOUS ACTION: N/A RECOMMENDATION: Board approval and authorization for Chair to execute an Agreement from CDM, as approved by the County Attorney for engineering services to assist St. Lucie County with the construction of a closure cap system on Phase II and IIIA of the Class I Landfill for $671,100 as outlined in the agenda memorandum. COMMISSION ACTION: ~ APPROVED ( ) DENIED ( ) OTHER Approved 5-O .'? County Attorney (X) ~r ~~~: Daniel McIntyre Originating Dept. ( ) (Name) ITEM NO. VI-I3 DATE: 10113/09 AGENDA REQUEST REGULAR ( ) CONCURRENCE: -~ Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst Purchasing (x)~ r~/' rie Gouin Tawonna Johnson (x) ,~ Melissa Simberlund Solid Waste Department MEMORANDUM TO: Board of County Commissioners FROM: Leo J. Cordeiro, Director ~~ Solid Waste Department r~' DATE: 10/13/09 SUBJECT: Construction of a closure cap system on Phase II and IIIA of the Class I Landfill. ITEM NO. VI-I3 Background: CDM has prepared an Agreement to provide professional engineering services for the design, permitting, bidding, and construction administration for the proposed Class I landfill Phases II and IIIA closure cap system. The closure design will consist of a polyethylene cap liner system, stormwater let- downs, limited landfill gas improvements, and a permanent paved access road. Approximately 30 acres are proposed to be closed under this Scope of Services. This task consists of the development of plans, specification and contract documents, in accordance with the closure design requirements set forth in Rule 62-701.600(5) F.A.C, to construct the project. Closure of these two cells will eliminate the infiltration of rain water, creating leachate. Currently, the funds are placed into the escrow account out of the Equity in Pooled Cash -Operating account. As required by State law, funds have been accruing in escrow accounts since the opening of Phase II in 1988 and the opening of Phase IIIA in 2004. Recommendation Board approval and authorization for Chair to execute an Agreement from CDM, as approved by the County Attorney for engineering services to assist St. Lucie County with the construction of a closure cap system on Phase II and IIIA of the Class I Landfill for $671,100. LJC:dIs Attachment ATTACHMENT A ST. LUCIE COUNTY SOLID WASTE MANAGEMENT AGREEMENT FOR PROFESSIONAL SERVICES I. PROTECT DESCRIPTION Consulting engineering services assisting the County in performing various tasks associated with the solid waste system. II. SCOPE OF SERVICES Reference is made to the attached Scope of Work and the "Agreement for Professional Services" dated April 11, 2000. III. CONSULTING ENGINEER INSURANCE REQUIREMENTS A. Professional Liability Insurance with limits of liability no less than one million dollars ($1,000,000) per occurrence. B. Worker's Compensation Insurance in accordance with Florida Statutes. C. Employer's Liability with minimum limits of one hundred thousand dollars ($100,000) each accident. D. Comprehensive General Liability with a minimum limit of five hundred thousand dollars ($500,000) combined single limit for Bodily Injury and Property Damage. IV. COMPENSATION FOR SERVICES Compensation for services shall be as follows in accordance with the "Agreement for Professional Services" dated Apri111, 2000. TOTAL PROJECT COST: $671,100 j12449 Agreement.doc WITNESS: WITNESS: ~_i . _---~ ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney CAMP DRESSER & McKEE INC. ~: By. ,~ ~ ._ _.® _ ,1Senior Vice President j12449 Agreement.doc EXHIBIT A SCOPE OF SERVICES WORK UNDER PROFESSIONAL ENGINEERING AND ENVIRONMENTAL SERVICES AGREEMENT FOR SOLID WASTE MANAGEMENT St. Lucie County (SLC), the owner and operator of the SLC Baling and Recycling Facility, has requested that CDM prepare this Scope of Services to provide professional engineering services for the design, permitting, bidding, and construction administration for the proposed Class I landfill Phases II and IIIA closure cap system. The closure design will consist of a polyethylene cap liner system, stormwater let-downs, limited landfill gas improvements, and a permanent paved access road. The Scope of Services for this project is described below. Approximately 37 acres is proposed to be closed under this Scope of Services. SCOPE OF SERVICES CDM will undertake the Class I landfill Phases II and IIIA Closure design, permitting, bidding, and construction services. Based on recent discussions with SLC staff and our familiarity with the landfill site, the proposed Scope of Services includes the following: TASK 1.0 - MEETINGS DATA COLLECTION, AND SURVEY This task focuses on obtaining the necessary preliminary information to prepare detailed engineering plans and construction specifications. Subtask 1.1 CDM will attend meetings with SLC to discuss the proposed project and to develop a phasing plan. SLC shall further define their requirements. CDM will visit the site and review pertinent features. Subtask 1.2 CDM will collect and review existing data available on unusual field conditions and available site surveys. Subtask 1.3 CDM will subcontract with Erdman Anthony to perform two topographic surveys that will be required to design the closure system. TASK 2.0 - PLANS SPECIFICATIONS, AND COST ESTIMATE PREPARATION This task consists of the development of plans, specifications, and contract documents, in accordance with the closure design requirements set forth in Rule 62-701.600(5) F.A.C, to construct the project. Subtask 2.1 CDM will prepare detailed contract drawings for the construction of the proposed closure system. The Scope of Services for this Subtask has been developed based on preparing detailed construction drawings for the Class I Landfill Phases II and IIIA Closure Design and Permitting. Below is a preliminary list of drawings required for the construction of this Contract: A-1 j12449 Exhibits.doc Sheet No. Title General Cover G-1 Index, Legend, General Notes, Abbreviations/ Symbols G-2 Site Aerial/Stockpile Location and Haul Road Civil C-1 Phases II and IIIA Site Survey Information/Existing Conditions C-2 Aerial Site Plan C-3 Phases II and IIIA Control Plan C-4 Phase II Final Cover Grading/Stormwater Control System Plan C-5 Phase IIIA Final Cover Grading/Stormwater Control System Plan C-6 Landfill Gas Plan C-7 Landfill Gas Plan C-8 Closure Cap Cross Sections C-9 Access Road Plan CD-1 Phases II and IIIA Details/Cross Sections CD-2 Phases II and IIIA Details/Cross Sections CD-3 Phases II and IIIA Details/Cross Sections CD-4 Landfill Gas Cross Sections CD-5 Landfill Gas Details CD-6 Access Road Details/Cross Sections Subtask 2.2 CDM will prepare specifications, utilizing the EJCDC/CSI format, which will consist of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to this project. Specifications for closure of the landfill cells shall include liner system, common fill, top soil, sod, pavement, and other applicable items. Subtask 2.3 CDM will prepare an estimate of probable construction cost at 70 percent and 100 percent completion stages, and submit the estimate to SLC for review. The estimates will be based on generally accepted costs for this type of work. TASK 3.0 - PERMITTING ASSISTANCE Activities performed under this task consist of those functions required to prepare the closure permit documents for submittal to the Florida Department of Environmental Protection (FDEP), meeting with FDEP, and responding to two of FDEP's requests for additional information (RAI). More specifically, this task includes the following subtasks: Subtask 3.1 CDM will attend one pre-application meeting with FDEP staff in West Palm Beach. The purpose of the meeting will be to communicate with FDEP regarding the proposed contents of the permit application submittal packages. Subtask 3.2 CDM will prepare and submit to FDEP the permit documents required by Rule 62-701.600, F.A.C. SLC will be responsible for permit application fees. Specifically, this Subtask includes the following: A_2 j12449 Exhibits.doc ^ General site information as required by 62-701.600(4)(a), F.A.C.; ^ A plan sheet showing phases of site closing as required by 62-701.600(5)(a), F.A.C.; ^ Drawings showing existing topography and proposed final grades as required by 62-701.600(5)(b), F.A.C.; ^ Final elevations before settlement as required by 62-701.600(5)(d), F.A.C.; ^ Final side slope design as required by 62-701.600(5)(e), F.A.C. CDM will define the engineering properties of the site that are necessary to design, construct, and support the Tandfill closure system. CDM will perform the necessary calculations and run appropriate computer models for stability, erosion, and hydrologic performance of the closure system. This analysis will be based upon a typical final closure system, which includes, from top to bottom, sod, 6-inches of vegetative bearing soi1,18-inches of protective soil, a geocomposite drainage net, a 40-mil textured geomembrane, and 12-inches of clean processed soil; ^ Final cover installation plans as required by 62-701.600(5)(f), F.A.C. CDM will prepare the construction quality assurance plan for installation and testing of soils and geosynthetics as required by 62-701.400(7) and (8), F.A.C; ^ Final cover design as required by 62-701.600(5)(8), F.A.C.; ^ Proposed method of stormwater control as required by 62-701.600(5)(h), F.A.C. CDM will perform the necessary calculations and run appropriate computer models to design the infrastructure required to manage and route surface water to meet the requirements of 62-701.400(9), F.A.C.; ^ A description of the proposed or existing gas management system as required by 62-701.600(5)(k), F.A.C.; ^ Closure operational plan as required by 62-701.600(6), F.A.C. Subtask 3.3 CDM will prepare and submit to FDEP the permit documents required by Rule 62-330, F.A.C. to modify the Envirorunental Resources Permit (ERP) EM 56- 0040946-002 to include the specific stormwater system details and computer models of the closure cap system. SLC will be responsible for any permit application fees. Subtask 3.4 CDM will respond to up to two RAIs from FDEP. Subtask 3.5 Finalize Construction Drawings and Specifications -This Subtask will include incorporating the construction permit conditions into the project drawings and specifications. TASK 4.0 - PROTECT/QUALITY MANAGEMENT Activities performed under this task consist of those generally administrative functions required to assure that the project remains on schedule, within budget, and that the quality of the work products defined within this scope is consistent with CDM's standards. Specific activities included are identified below: A-3 j12449 Exhibits doc Subtask 4.1 Project Update Meetings - CDM's project manager will prepare for and attend status meetings throughout the life of the project. It is estimated that meetings will be held on the average of once a month. Subtask 4.2 Quality Control (QC) Technical Review -CDM maintains a QC program on all of its projects. Three formal Technical Review Committee (TRC) meetings have been budgeted for and will be conducted at the 30 percent, 60 percent, and 90 percent completion stages of the project. SLC's representatives will be invited to attend and participate at the TRC meetings. Subtask 4.3 Project Status Reports - CDM's project manager will prepare and submit monthly status reports throughout the life of this project. TASK 5.0 - BIDDING SERVICES In this task, CDM will assist SLC u1 obtaining bids for the construction of the project, assist SLC in evaluating the bids and in assembling and awarding the contract, and will arrange and preside over apre-bid conference. Subtask 5.1 CDM will coordinate the advertisement of the bid, distribute contract documents for non-refundable reproduction costs, respond to communications from Contractors, attend apre-bid conference, and issue addenda, as necessary. SLC will advertise for bids. Subtask 5.2 CDM will prepare a detailed final opinion of probable cost. Subtask 5.3 CDM will attend the bid opening, evaluate bids, and recommend a bidder for award of contract to SLC. Subtask 5.4 After issuance of a Notice of Award by SLC, CDM shall assist SLC in preparing the construction contract, request and review the information from the Contractor, and advise SLC on finalizing the contract. The bidding phase of the project terminates when the construction contract is executed between SLC and the Contractor. TASK 6.0 GENERAL ENGINEERING SERVICES DURING CONSTRUCTION These services shall include the following subtasks: Subtask 6.1 CDM will consult with and advise SLC and act as its representative as provided in the General Conditions of the construction contract. Consult with and advise SLC as to the acceptability of substitute materials and equipment proposed by the Contractor when substitution is permitted by the Contract Documents. Subtask 6.2 CDM will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed work of the Contractor and to determine in general if such work is proceeding in accordance with the Contract Documents. During such visits and on the basis of on-site observations, CDM shall keep SLC informed of the progress of the work and A-4 j12449 Exhibits doc shall endeavor to determine in general if such work is proceeding in accordance with the Contract Documents. Additionally, during such visits and on the basis of such observations, CDM shall disapprove or reject Contractor's work while it is in progress if CDM believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Subtask 6.3 CDM will review and approve shop drawings and samples, the results of _ laboratory tests and other data which the contractor is required to submit. Subtask 6.4 CDM will issue instructions to the Contractor and issue necessary interpretations and clarifications of the Contract Documents. Act as SLC's representative to require special inspection or testing of the work. Act as initial interpreter of the requirements of the Contract Documents regarding the execution and progress of the work. Subtask 6.5 Based on CDM's on-site observations and on review of applications for payment and the accompanying data and schedules, CDM will determine the amounts owing to the Contractor and recommend in writing, payments to the Contractor in such amounts. Subtask 6.6 CDM will conduct a final check to determine if the work has been completed in accordance with the Contract Documents. Subtask 6.7 CDM will undertake project quality management to meet budget and time constraints; generate correspondence to SLC, Contractor, regulatory agencies, and other parties; provide monthly project status reports; prepare monthly progress meeting minutes; and maintain comprehensive project records and documentation on file. Subtask 6.8 CDM will complete and file daily reports for incorporation in the final Certification Documents. Subtask 6.9 CDM will monitor/check performance tests and review field test reports for conformance with project contract documents. Subtask 6.10 CDM will arrange for monthly progress meetings to be attended by the Contractor, SLC, and CDM's representatives. The purpose of these meetings is to review the Contractor's work performed, discuss Contractor's schedule and any construction/field problems. The level of work estimated for this project is based on a 9 month construction period. CDM reserves the right to request additional compensation, should construction extend beyond the seven months. A_5 j12449 Exhibits.doc TASK 7.0 SPECIAL ENGINEERING SERVICES DURING CONSTRUCTION Activities performed under this task consist of supplementary and special engineering services required during the construction and implementation of the project. Subtask 7.1 Prepare for SLC a set of reproducible record drawings, digital copy in AUTOCAD and two blue-line prints showing those significant changes made during the construction process based on information furnished to CDM by the Contractor. Subtask 7.2 Provide services in connection with preparing change orders to reflect changes to the construction project. Subtask 7.3 Provide services in connection with preparing final certifications of completion of construction. TASK 8.0 RESIDENT SERVICES DURING CONSTRUCTION The activities performed under this task consist of providing resident representative during the construction and implementation of the project. Subtask 8.1 Activities performed under this task consist of furnishing afull-time Project Representative (PR) during the project construction (240 calendar day period) to observe the performance of the work of the contractor. The level of work estimated for this project is 1,520 (190 working days X 8 hrs/day) man-hours of project representative time based on a six month construction period. CDM reserves the right to request additional compensation, should construction extend beyond the 1,520 hour period. Subtask 8.2 The Project Representative as CDM's agent will act as directed by and under the supervision of the CDM, and will confer with CDM regarding his actions. The Project Representative's dealings in matters regarding the on-site work shall in general be only with CDM and the Contractor, and dealings with subcontractors shall only be through or with the full knowledge of the Contractor. Written communication with SLC will be only through or as directed by CDM. Subtask 8.3 The Project Representative will prepare daily reports, describing the general working conditions, areas of construction activity, tests performed and special and unusual events. TASK 9.0 CLOSURE GEOSYNTHETIC CAP SYSTEM INSTALLATION QA/QC Activities performed under this phase consist of furnishing afull-time quality assurance/ quality control (QA/ CQ) field representative during the landfill closure system construction. A-6 j12449 Exhibits doc CDM's Field QA/QC Representative will be responsible for observing and documenting activities related to the quality assurance of the production, handling, storage, and installation of the geosynthetic cap system. CDM's Field QA/QC Representative will also be responsible for implementation of the CQA Manual approved by FDEP as part of the permit to construct the landfill expansion and for coordination with the quality assurance laboratory. An independent Quality Control laboratory is to be retained by the Contractor. CDM's Field QA/QC Representative shall record all field activities in the appropriate forms included in Appendix C of Section 02776 of the contract technical specifications. The specific duties of the CDM's QA/QC Field Representative are as follows: a. Reviews all design drawings and specifications. b. Reviews all site-specific documentation, including proposed layouts, and manufacturer's and installer's literature. c. Develops asite-specific addendum for quality assurance of geosynthetics (if necessary) with the assistance of the Owner's Representative. d. Administers the geosynthetic portions of the CQA Manual, e.g., assigns and manages all geosynthetic quality assurance personnel, reviews all field reports, and provides engineering review of all quality assurance related issues. e. Reviews all changes to design drawings and specifications as issued by CDM. f. Acts as the on-site (resident) representative of the Owner. g. Attends all quality assurance related meetings, e.g., resolution, pre-construction, daily, weekly. h. Reviews all Manufacturer and Installer certifications and documentation and makes appropriate recommendations. i. Reviews the Installer's personnel qualifications for conformance with the QA/QC manual and the Contract Documents. j. Manages the preparation of the as-built drawing(s). k. Reviews the calibration certification of the on-site tensiometer, if applicable. 1. Reviews all daily reports, logs and photographs. m. Notes any on-site activities that could result in damage to the liner system. n. Reports to the Owner's Representatives, and logs in the daily report, and any relevant observations. o. Prepares his own daily report. A-7 j12449 Exhibits.doc p. Prepares a daily summary of the quantities of geosynthetics installed that day. q. Prepares the weekly summary of the geosynthetic cap system quality assurance activities. r. Oversees the marking, packaging and shipping of all laboratory test samples. s. Reviews the result of laboratory testing and makes appropriate recommendations. t. Reports any unapproved deviations from the CQA Manual to the Owner's Representative. u. Prepares the final certification report. v. Monitors, logs, photographs and/or documents all geosynthetic installation operations. Photographs shall be taken routinely and in critical areas of the installation sequence. w. Monitors the following operations for all geosynthetic cap system materials: 1. Material delivery 2. Unloading and on-site transport and storage 3. Sampling for conformance testing 4. Deployment operations 5. Joining and/or seaming operations 6. Condition of panels as placed 7. Visual inspection by walkover 8. Repair operations x. Monitors and documents the geomembrane seaming operations, including: 1. Trial seams 2. Seam preparation 3. Seaming 4. Nondestructive seam testing 5. Sampling for destructive seam testing 6. Photographs of destruction seam testing with clear identification mark 7. Appropriate log for seaming and patching destructive testing 8. Field tensiometer testing 9. Laboratory sample marking 10. Repair operations y. Documents any on-site activities that could result in damage to the lining system. Any problems noted shall be reported as soon as possible to the Owner's Representative. CDM will furnish a QA/QC representative during the installation of the geosynthetic cap system which is estimated at 180 calendar days. This proposal is based on furnishing the QA/QC representative for 1,200 (150 working days X 8 hrs/day) labor hours based on a 180 A-O j12449 Exhibits.doc calendar day cell cap construction period. CDM reserves the right to request additional compensation, should the QA/QC representative hours exceed 1,200 hours. PROTECT SCHEDULE The following project schedule has been developed based on authorization to provide design services being received on October 1, 2009. Desig n/Permitti ng/Construction Receive Authorization October 1, 2009 Begin Design October 11, 2009 Complete Design March 10, 2010 Submit Permit Application March 24, 2010 Receive Permits July 22, 2010 Advertise for Bids August 5, 2010 Receive Bids September 5, 2010 Award Contract October 5, 2010 Issue Notice to Proceed October 19, 2010 Complete Construction July 19, 2011 PAYMENT AND COMPENSATION Payments for the Scope of Services described herein shall be made on the basis of a lump sum fee. The lump sum fee for this proposal is $671,130 per Exhibit B. CDM will submit monthly invoices based on the percent complete for the work performed. TOTAL PROJECT COST: $671,100 A-9 j12449 Exhibits.doc r-i x W ~-+ C1] ~ H O z a W ~ U ~-, d w d '-' ~Q~"~ O+O~'~ ~ w Z W ~F-'UQ x x ~ U a ~o~~ ~wQp C~aC~a z ~~~~ ~ ~~ ~, u W ~_ E...~ U F-+ U1 U z Q W z z Q z f--~ W z W Q ~ j `ct r 0 00 O CO t~ N p C~0 0 0 r ~ N N CD to d N N ` r = T T T ~ O .~ N O N ~ Oa.LL O O O O O O O T N T N O ~ N ~- V C ' O p 0 M ~ ~ ~ p .O r V Cr1 ( 7 C7 as r ~ O ~ ~ Q- .~.' O O 00 ~ O O O ~ O O so M N ~ ~ ~ ~ N 0 N O O O ~ t i ~~ Q'j O ~ ~ O o O ~ O O r r N N N O ~ LI] lf) ~ ~ N N ~ O n a ,~. ~ ~ o o ,n o ° ° c ~~ N~ C r ~ (0 0 ~ ~ a c L O C •fyA M (00 ~ C07 ~ N N OOD O f ~~ O f 0 a _~ ~~ .= y O C tip ~ O M N N O N aQ O N N 00 N r '~ O O M 0 C O O . ~ U ~~o ~ v U ~ ~ o o c rn ~ cn ~ ~ U C ~ ~ ~ ~ ~ ~ U ~ ~ • N ~ U C ~ 2 d y 0 a ~' '`-~ ' ca ~ 8~ •~ ~ w ~ ~ d uj ~ -o a~ ~ ~ c U ~ ~ ~ °c~ ~ .~? ~ O m c ~ ~ -a c ~ a~ N ~ U p~ d a m C7 cn 0 0 0 0 0 0 0 0 0 r- N C7 ~ ~ tD I~ O O (J7 fA N f/1 (n V1 fA tfI UI a° y E L X W rn 0 N W