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Home My WebLink AboutAgenda Packet 11-10-2009I Recipient has no previous DEM/DCA contract history. Complete Estimated Expenses chart and Explanation of Circumstances below. I Recipient has exceptional circumstances that require an advance greater than the Maximam Advance calculated above. Complete estimated expenses chart and Explanation of Circamstances below. Attach additional pages if needed. ESTIMATED EXPENSES BUDGET CATEGORY 200 -200 Anticipated Expenditures for First Three Months of Contract ADMINISTRATIVE COSTS (Include Secondary Administration.) PROGRAM EXPENSES TOTAL EXPENSES i l I 29 November 10, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stiucieco.org iiiitt li� ir>1 i srr i i�`i i��iiii �i�l iiii i �fit�� €rs ai�t`ti`` i iffial ri`� allmt rfri"iftf>�t`- - ,t ........i 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 kiiffti fir i� ii`si t��tu 'i �i it t taii rtf I i ri i�iiiih't ti �itf t tii �r> ' � iii ti rrr�itri` `i i 4 INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the November 3, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 09-309 — Proclaiming November 19, 2009, as "The Great American Smoke -Out Day" in St. Lucie County Consider staff recommendation to adopt Resolution No. 09-309 as drafted. B. Resolution No. 09-315 — Proclaiming Wednesday, November 18, 2009, as "Be A Hero Day" and the week of November 15, 2009 through November 21, 2009 as "Blood Drive Challenge Week" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 09-315 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 6 B. COUNTY ATTORNEY Boys and Girls Club of St. Lucie County, Inc. - Recreation Services Agreement Consider staff recommendation to approve the proposed Recreation Services Agreement with Boys and Girls Club of St. Lucie County, Inc., and authorize the Chair to sign the agreement. 2. Approve the purchase of "Gwava Retain" software for public information compliance. Consider staff recommendation to approve the purchase of the above noted software. C. EDUCATION & RESEARCH Two Computers — BA No. 10-003 / Equipment Request No. 10-016 Consider staff recommendation to approve of Equipment Request No. 10-016 and Budget Amendment No. 10-003 for the purchase and installation of two computers w/software at the Treasure Coast Research Park at a total cost of $3,084.00. D. AIRPORT Resolution No. 09-295, Florida Department of Transportation (FDOT) Joint Participation Agreement (FPA), Taxiway C Rehabilitation Consider staff recommendation to approve of Resolution No. 09-295 accepting the FDOT Joint Participation Agreement in the amount of $1,942,400 with a $485,600 local match for the Taxiway C Rehabilitation project and authorization for the Chair to sign the document as approved by the County Attorney. E. GRANTS Acceptance of grant award for Stan Blum Board Ramp restroom. Consider staff recommendation to approve authorization to accept a grant award from the Florida Inland Navigation District, approve Budget Resolution No. 09-314, and authorize the Chair to sign documents as approved by the County Attorney. 2. Severe Repetitive Loss Pilot Program — Grant Requirements Consider staff recommendation to approve authorization to sign and submit additional required information (Attachment 1) to the Florida Department of Emergency Management/Federal Emergency Management Agency. National UDT Navy SEAL Museum — Grant Contract Consider staff recommendation to approve of a contract to be prepared by the County Attorney to grant $40,000 to the National UDT Seal Museum for operating expenses. COURT ADMINISTRATION Request approval for usage of $2 Court Technology Funds in excess of $25,000 for equipment warranty and maintenance Consider staff recommendation to approve the expenditure from the $2 Court Technology Fund in the amount of $32,304 for equipment warranty and maintenance on court reporting equipment purchases with County funds. St. Lucie County's share would be $13,807. Indian River County has approved $2,470, Martin County has approved $10,590 and Okeechobee County has approved $5,436 (per the 2009-10 budget approval). G. HUMAN RESOURCES Reclassification of Sustainability/Business Development Coordinator position to Energy and Water Manager Consider staff recommendation to approve of reclassification of the Sustainability/Business Development Coordinator to that of Energy and Water Manager. To move the salary funding for the reclassed Energy and Water Manager from Business Sustainability & Development to Central Services by budget amendment #BA10-005. r� H. PURCHASING Bid No. 09-066, Purchase of Pesticides, Herbicides and Fertilizers Consider staff recommendation to approve to award Bid No. 09-066, Purchase of Pesticides, Herbicides and Fertilizers, to the lowest responsive and responsible bidders for the primary, secondary and alternate bid per the attached spreadsheet and authorization for the Chair to sign documents as approved by the County Attorney. Bid No. 09-069, Manufacture and Deliver Precast Concrete Building at MLK/Dreamland Park Consider staff recommendation to approve to award Bid No. 09-069, Manufacture and Deliver Precast Concrete Building at MLK/Dreamland Park, to Concrete Modular Systems, Incorporated, in the amount of $110,428.51 and authorization for the Chair to sign documents as approved by the County Attorney. Approval of Budget Amendment #BA09-045 and Resolution 09-312 Consider staff recommendation to approve Budget Amendment No. BA09-045 and Resolution 09-312 to cover fiscal year 2009 insufficient accounts and to recognize revenue from FEMA and the State for tropical storm related expenses. GROWTH MANAGEMENT Fee Schedule for Community Renewal Act Extensions Consider staff recommendation to adopt Resolution No. 09-313 setting fees for processing statutory extensions provided by the Community Renewal Act as outlined in the attached memorandum. J. MOSQUITO CONTROL Acceptance of grant from St. Johns River Water Management District (SJRWMD) Consider staff recommendation to approve acceptance of the SJRWMD grant, authorization for the Chair to execute the agreement, as approved by the County Attorney. K. COMMUNITY SERVICES Award of Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Housing Rehabilitation/Replacement Bids Consider staff recommendation to approve of bid awards for four rehabilitation and five replacement housing projects under the St. Lucie County CDBG DRI Grants, and authorization for the Chair to sign documents as approved by the County Attorney. 2. Healthy Homes Demonstration Program (HHDP) Application Consider staff recommendation to approve to submit an application for the Department of Housing and Urban Development HHDP grant, and authorization for the Chair to sign documents as approved by the County Attorney. I K. COMMUNITY SERVICES CONTINUED 3. Florida Division of Emergency Management Residential Construction Mitigation Program (RCMP) Agreement Consider staff recommendation to approve acceptance of the Residential Construction Mitigation Program grant award, and authorization for the Chair to sign documents as approved by the County Attorney. END OF CONSENT AGENDA PUBLIC HEARINGS VII. A. MANAGEMENT AND BUDGET Amendment to FY 2009 Budget Consider staff recommendation to approve to adopt Budget Resolution No. 09-311 amending the FY09 budget. END OF PUBLIC HEARINGS REGULAR AGENDA ADDITION TO THE AGENDA VIII. GRANTS / DISASTER RECOVERY Legislative Issue Requests staff recommendation to approve authorization to submit eight Legislative Issue Requests and one 3)upport to the St. Lucie County Legislative Delegation, as outlined in the attached memorandum. IV. ANNOUNCEMENTS 1. 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., Friday, November 13, 2009 from 1:00 p.m. to 4:00 p.m. and Monday, November 16, 2009 from 1:00 p.m. to 4:00 p.m. at the Havert L. Fenn Center in Room B. 2. 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. 3. The St. Lucie County Environmental Resources Department and Sustainability Advisory Committee will be holding a "Waste to Wealth" workshop on Nov. 19t^ from 1:00 p.m. until 4:00 p.m. at the St. Lucie County Commission Chambers, Roger Poitras Annex building, 2300 Virginia Avenue, Fort Pierce. Please call 772- 785-5833 or visit www.stlucieco.org/erd for more information. 4. The St. Lucie County Legislative Delegation will hold its annual delegation meeting on Friday, November 20, 2009 from 9:00 a.m. until 2:00 p.m., at the St. Lucie County Commission Chambers, Roger Poitras Annex Building, 2300 Virginia Avenue, Fort Pierce. There will be a break for lunch. 5. 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. 6. County offices will be closed on Thursday, November 26, 2009 and Friday, November 27, 2009 to observe Thanksgiving. 7. The December 1, 2009 Regular Board of County Commissioners Meeting has been canceled. IV. ANNOUNCEMENTS CONTINUED 8. The Board of County Commissioners will hold the Biannual Joint meeting with the Treasure Coast Education & Research Development Authority on Monday, December 14, 2009 at 1:00 p.m. in Room 219 of the University of Florida 1 IFAS Center located at 2199 S. Rock Road, Fort Pierce, FL 34945 9. County offices will be closed on Thursday, December 24, 2009 and Friday, December 25, 2009 to observe Christmas. 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 swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. i MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stlucieco orq 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 I. MINUTES Approve the minutes from the October 27, 2009 meeting. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 5 and 6. B. MANAGEMENT AND BUDGET Bid No. 09-075, Purchase and Maintenance of Electric Lift Pumps Consider staff recommendation to approve to award Bid No. 9-075, Purchase and Maintenance of Electric Lift Pumps, to Apple Machine and Supply of Fort Pierce, and authorization for the Chair to sign documents 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.stiucieco.org Disti tNoS iift iiiltiti�otrtitt�ii�ts�s`ii Chris Craft, Chairman Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No.1 Paula A Lewis District No 3 u _;E !titit�`tt�ti�i�ittt�titYsiuittitiiiinttit��t�ittti�tuttittiiuittit�ttittttit�titr`ii MINUTES Approve the minutes from the October 27, 2009 meeting. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 5 and 6. B. PUBLIC WORKS South St. Lucie County Beach Restoration Project Consider staff recommendation to approve of FDEP Project Agreements 09SL1 and Amendment No. 3 to 07SL2 along with supporting Budget Resolution No. 09-008. 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) 4621777 or TDD (772) 462 1428 at least forty-eight (48) hours prior to the meeting. Itiialiiilii lilliiiiii�i� iililltllltlI1WI iII,IimIiIitiiiii'iiti iiiii i I I November 10, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 11/0 /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. November 10, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org it's WIMk1tti i" t �iri rtu� �iir t� � it tE r iti f i 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 INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the November 3, 2009 meeting. �-�IV. PROCLAMATIONS/PRESENTATIONS A f Resolution No. 09-309 — Proclaiming November 19, 2009, as "The Great American Smoke-OutDay" in St. Lucie County Consider staff recommendation to adopt Resolution No. 09-309 as drafted. B. Resolution No. 09-315 — Proclaiming Wednesday, November 18, 2009, as "Be A Hero Day" and the week of November 15, 2009 through November 21, 2009 as "Blood Drive Challenge Week" in St. Lucie County, Florida. -0—C Consider staff recommendation to adopt Resolution No. 09-315 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS 0 oumolk ly-t(lq _TEeMs Approve warrant list No. 6 COUNTY ATTORNEY Boys and Girls Club of St. Lucie County, Inc. - Recreation Services Agreement Consider staff recommendation to approve the proposed Recreation Services Agreement with Boys and Girls Club of St. Lucie County, Inc., and authorize the Chair to sign the agreement. 2. Approve the purchase of "Gwava Retain" software for public information compliance. Consider staff recommendation to approve the purchase of the above noted software. C. EDUCATION & RESEARCH Two Computers — BA No. 10-003 / Equipment Request No. 10-016 Consider staff recommendation to approve of Equipment Request No. 10-016 and Budget Amendment No. 10-003 for the purchase and installation of two computers w/software at the Treasure Coast Research Park at a total cost of $3,084.00. D. AIRPORT Resolution No. 09-295, Florida Department of Transportation (FDOT) Joint Participation Agreement (FPA), Taxiway C Rehabilitation Consider staff recommendation to approve of Resolution No. 09-295 accepting the FDOT Joint Participation Agreement in the amount of $1,942,400 with a $485,600 local match for the Taxiway C Rehabilitation project and authorization for the Chair to sign the document as approved by the County Attorney. E. GRANTS Acceptance of grant award for Stan Blum Board Ramp restroom. Consider staff recommendation to approve authorization to accept a grant award from the Florida Inland Navigation District, approve Budget Resolution No. 09-314, and authorize the Chair to sign documents as approved by the County Attorney. 2. Severe Repetitive Loss Pilot Program — Grant Requirements Consider staff recommendation to approve authorization to sign and submit additional required information (Attachment 1) to the Florida Department of Emergency Management/Federal Emergency Management Agency. 3. National UDT Navy SEAL Museum — Grant Contract Consider staff recommendation to approve of a contract to be prepared by the County Attorney to grant $40,000 to the National UDT Seal Museum for operating expenses. F. COURT ADMINISTRATION Request approval for usage of $2 Court Technology Funds in excess of $25,000 for equipment warranty and maintenance Consider staff recommendation to approve the expenditure from the $2 Court Technology Fund in the amount of $32,304 for equipment warranty and maintenance on court reporting equipment purchases with County funds. St. Lucie County's share would be $13,807. Indian River County has approved $2,470, Martin County has approved $10,590 and Okeechobee County has approved $5,436 (per the 2009-10 budget approval). G. HUMAN RESOURCES Reclassification of Sustainability/Business Development Coordinator position to Energy and Water Manager Consider staff recommendation to approve of reclassification of the Sustainability/Business Development Coordinator to that of Energy and Water Manager. To move the salary funding for the reclassed Energy and Water Manager from Business Sustainability & Development to Central Services by budget amendment #BA10-005. H. PURCHASING Bid No. 09-066, Purchase of Pesticides, Herbicides and Fertilizers Consider staff recommendation to approve to award Bid No. 09-066, Purchase of Pesticides, Herbicides and Fertilizers, to the lowest responsive and responsible bidders for the primary, secondary and alternate bid per the attached spreadsheet and authorization for the Chair to sign documents as approved by the County Attorney. Bid No. 09-069, Manufacture and Deliver Precast Concrete Building at MLK/Dreamland Park Consider staff recommendation to approve to award Bid No. 09-069, Manufacture and Deliver Precast Concrete Building at MLK/Dreamland Park, to Concrete Modular Systems, Incorporated, in the amount of $110,428.51 and authorization for the Chair to sign documents as approved by the County Attorney. 3. Approval of Budget Amendment #BA09-045 and Resolution 09-312 Consider staff recommendation to approve Budget Amendment No. BA09-045 and Resolution 09-312 to cover fiscal year 2009 insufficient accounts and to recognize revenue from FEMA and the State for tropical storm related expenses. GROWTH MANAGEMENT Fee Schedule for Community Renewal Act Extensions Consider staff recommendation to adopt Resolution No. 09-313 setting fees for processing statutory extensions provided by the Community Renewal Act as outlined in the attached memorandum. J. MOSQUITO CONTROL Acceptance of grant from St. Johns River Water Management District (SJRWMD) Consider staff recommendation to approve acceptance of the SJRWMD grant, authorization for the Chair to execute the agreement, as approved by the County Attorney. K. COMMUNITY SERVICES Award of Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Housing Rehabilitation/Replacement Bids Consider staff recommendation to approve of bid awards for four rehabilitation and five replacement housing projects under the St. Lucie County CDBG DRI Grants, and authorization for the Chair to sign documents as approved by the County Attorney. Healthy Homes Demonstration Program (HHDP) Application Consider staff recommendation to approve to submit an application for the Department of Housing and Urban Development HHDP grant, and authorization for the Chair to sign documents as approved by the County Attorney. K. COMMUNITY SERVICES CONTINUED Florida Division of Emergency Management Residential Construction Mitigation Program (RCMP) Agreement Consider staff recommendation to approve acceptance of the Residential Construction Mitigation Program grant award, and authorization for the Chair to sign documents as approved by the County Attorney. END OF CONSENT AGENDA PUBLIC HEARINGS VII. A. MANAGEMENT AND BUDGET Amendment to FY 2009 Budget IConsider staff recommendation to approve to adopt Budget Resolution No. 09-311 amending the U FY09 budget. END OF PUBLIC HEARINGS REGULAR AGENDA ADDITION TO THE AGENDA Vill GRANTS /DISASTER RECOVERY 6e 6� Legislative Issue Requests )5-�U Consider staff recommendE IV. ANNOUNCEMENTS Pe authorization to submit eight Legislative Issue Requests and one Legislative Delegation, as outlined in the attached memorandum. 1. 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., Friday, November 13, 2009 from 1:00 p.m. to 4:00 p.m. and Monday, November 16, 2009 from 1:00 p.m. to 4:00 p.m. at the Havert L. Fenn Center in Room B. 2. 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. 3. The St. Lucie County Environmental Resources Department and Sustainability Advisory Committee will be holding a "Waste to Wealth" workshop on Nov. 19"h from 1:00 p.m. until 4:00 p.m. at the St. Lucie County Commission Chambers, Roger Poitras Annex building, 2300 Virginia Avenue, Fort Pierce. Please call 772- 785-5833 or visit www.stlucieco.org/erd for more information. 4. The St. Lucie County Legislative Delegation will hold its annual delegation meeting on Friday, November 20, 2009 from 9:00 a.m. until 2:00 p.m., at the St. Lucie County Commission Chambers, Roger Poitras Annex Building, 2300 Virginia Avenue, Fort Pierce. There will be a break for lunch. 5. 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. 6. County offices will be closed on Thursday, November 26, 2009 and Friday, November 27, 2009 to observe Thanksgiving. 7. The December 1, 2009 Regular Board of County Commissioners Meeting has been canceled. IV. ANNOUNCEMENTS CONTINUED 8. The Board of County Commissioners will hold the Biannual Joint meeting with the Treasure Coast Education & Research Development Authority on Monday, December 14, 2009 at 1:00 p.m. in Room 219 of the University of Florida / IFAS Center located at 2199 S. Rock Road, Fort Pierce, FL 34945 9. County offices will be closed on Thursday, December 24, 2009 and Friday, December 25, 2009 to observe Christmas. 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 swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stlucieco.org iiiiiiii tiiiiiiiil if iiiiiiii4 1ii,111 `fim 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 i[iit iiiiiiiiiM iiiiiii l MINUTES Approve the minutes from the October 27, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 5 and 6. B. MANAGEMENT AND BUDGET Bid No. 09-075, Purchase and Maintenance of Electric Lift Pumps Consider staff recommendation to approve to award Bid No. 9-075, Purchase and Maintenance of Electric Lift Pumps, to Apple Machine and Supply of Fort Pierce, and authorization for the Chair to sign documents 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.orp 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.p{3 @qy$( II M E 3 .Nit1111i1��i fil Ii;iiririH a`1 n•Id.be li j -t; :•.`# ii1171'7;,s �l� llt/l �Nik�t��ptlt, d(( Ii, tbRt,G7 i17�IJ / � i�1��11�11i1��{�7I��Ot� 11�E11 MINUTES Approve the minutes from the October 27, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 5 and 6. B. PUBLIC WORKS South St. Lucie County Beach Restoration Project Consider staff recommendation to approve of FDEP Project Agreements 09SL1 and Amendment No. 3 to 07SL2 along with supporting Budget Resolution No. 09-008. 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. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. IV -A DATE: November 10, 2009 REGULAR [XX] PUBLIC HEARING (] CONSENT[] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 09-309 - Proclaiming November 19, 2009, as "The Great American Smoke -Out Day" in St. Lucie County BACKGROUND: The Florida Department of Health, Bureau of Tobacco Prevention Program has requested that this Board proclaim November 19 as "The Great American Smoke -Out Day" in 5t. Lucie County. FUNDS AVAILABLE: PREVIOUS ACTION,. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-309 as drafted. COMMISSION ACTION: CONCURRENCE: �J APPROVED [ ] DENIED [ ]OTHER: Approved 5-0 County Attorney: A7. Daniel S. McIntyre Originating Dept. Finance: (Check for copy only, if applicable) Faye W. Outlaw, MPA County Administrator Review and Approvals Management & Budget Purchasing: _ Public Works Dir: County Eng.: Eff. 5/96 EJ RESOLUTION NO. 09-309 A RESOLUTION PROCLAIMING NOVEMBER 19, 2009, AS "THE GREAT AMERICAN SMOKE -OUT DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The U.S. Surgeon General has said that smoking remains the single most preventable cause of premature death in our society. 2. Each year smoking accounts for 438,000 premature deaths in the United States and 38,000 non-smokers die as a result of exposure to second-hand smoke. 3. Smoking and related illnesses also account for 20% of all sick days taken by employees nationwide. 4. For thirty years, millions of smokers have participated in the American Cancer Society's Great American Smoke -Out, a day on which they give up cigarettes for twenty-four hours in the hope they may quit permanently. 5. A significant number of those who gave up cigarettes for the day were able to give up the habit entirely. 6. This demonstration of success suggests that the Great American Smoke -Out has potential for improving the health of the citizens of St. Lucie County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim November 19, 2009, as "THE GREAT AMERICAN SMOKE -OUT DAY" in St. Lucie County, Florida. PASSED AND DULY ADOPTED this 10ih day of November, 2009. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST ITEM NO. IV-B DATE: November 10, 2009 REGULAR [x ] PUBLIC HEARING [ ] CONSENT[] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: RESOLUTION NO.09-315 - Proclaiming Wednesday, November 18, 2009, as "BE A HERO DAY" and the week of November 15, 2009 through November 21, 2009 as "BLOOD DRIVE CHALLENGE WEEK" in St. Lucie County, Florida. BACKGROUND: Wendy Dwyer and Mitch Kloorfain from the firm of Gorilla Magic and friends of the Van Duzer Foundation have requested that this Board proclaim November 18, 2009, as "BE A HERO DAY" and the week of November 15, 2009 through November 21, 2009 as "BLOOD DRIVE CHALLENGE WEEK" in St. Lucie County, Florida. RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 09-315 as drafted. COMMISSION ACTION: [X,l APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals Mement & Budget: [ ]Purchasing: [X] County Attorney: [ ]Management Daniel S. McIntyre [ ] Parks & Recreation Director [ ] Solid Waste Mgr [I Road & Bridge.:_ Effective 5/96 ( ]Finance: (check for copy only, if applicable) RESOLUTION NO. 09-315 A RESOLUTION PROCLAIMING WEDNESDAY, NOVEMBER 18, 2009 AS "BE A HERO DAY" AND THE WEEK OF NOVEMBER 15, 2009 THROUGH NOVEMBER 21, 2009 AS "BLOOD CHALLENGE WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: On November 18, 2009, a one -day blood drive in St. Lucie County, Florida has been organized by the Van Duzer Foundation, as part of "Be A Hero Day." 2. Various governmental entities, including the St. Lucie County Board of County Commissioners, and community organizations, such as the Wal-Mart Distribution Center, Indian River State College and Lawnwood Regional Medical Center, have been challenged to achieve a St. Lucie County goal of donating at least 1,000 units of blood in a single day. 3. Florida regularly experiences critical shortages of blood for use in lifesaving medical treatments, and statistics have shown that one pint of blood can help save the lives of three individuals, making the donation of blood a simple way to help save lives and positively impact the community. 4. "Be a Hero Day" increases awareness of the critical need for blood donations and celebrates the generosity and gift of life provided by those self-sacrificing individuals among us who volunteer to donate their blood for the sake of other members of our community. 5. The observation of "Blood Drive Challenge Week" provides an excellent opportunity for St. Lucie County residents to cooperate in achieving the goal set for "Be A Hero Day," which will help save lives throughout our community. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim November 18, 2009, as "BE A HERO DAY" and the week of November 15, 2009 through November 21, 2009 as "BLOOD DRIVE CHALLENGE WEEK" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to participate in the "Be a Hero Day" Blood Drive, which will occur on November 18, 2009 in order to help achieve the goal of donating at least 1,000 units of blood in a single day in St. Lucie County, Florida. 3. This Board hereby requests the cooperation of the news media - radio, television and newspapers - to publicize this resolution and give full publicity thereof. ,; 4. This Resolution will take effect immediately upon its adoption. PASSED AND DULY ADOPTED this 101h day of November, 2009. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY CONSENT AGENDA ITEMS ST. LUCIE COUNTY - BOARD PAGE WARRANT LIST # 6- 31-OCT-2009 TO 06-NOV-2009 FUND SUMMARY EXPENSES PAYROLL TITLE 2,933,840.32 0.00 General Fund CDBG Supp Disaster Recovery Subgran 29,422.32 0.00 0.00 FTA Section 5303 F/Y06 264.40 209.79 0.00 US Dept Housing HUD Shelter Plus Gr 11,307.00 0.00 CDBG 07 Section 112/MPO/Fhwa/Planning 2007 13,545.68 0.00 0.00 INTACT Inspired Network to Achieve g40.76 42 8842 0.00 FCTD Planning Grant Agreement Health and H 588 0.00 CSBG 2008-2009 Dept of Emerg. Mgmt Prep & Assist FY09 5,20.57 97 0.00 FDCA CDBG 09 5,287 416.97 00 0.00 US Dept of Housing 0.00 CSBG FY 2009-2010 1,193..83 0.00 ARRA CSBG 2009 Transportation Trust Fund 14,119.20 0.00 0.00 Transportation Trust/80% Constitut 34,119.20 38,176.33 0,978.53 0.00 Transportation Trust/Local Option 0.00 Transportation Trust/County Fuel Tx 49,436.26 0.00 Unincorporated Services Fund 48,742.45 4,788.56 0.00 Drainage Maintenance MSTU 0.00 Paradise Park Phase 2 SFWMD q,462,997.24 186.76 0.00 Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur 0.00 0.00 Fine & Forfeiture Fund-E911 Surchar 1,329.07 1,081.77 2,326.99 0.00 Fine & Forfeiture Fund-800 Mhz Oper 0.00 F&F Fund -Court Related Technology 16,296.35 561.49 0.00 USDOJ SCAAP 2008/09 Juvenile Justice & Delinquency Prev 738.49 0.00 0.00 SLC Public Transit MSTU 35,643.05 35,355.40 0.00 FDOT - Intermodal Facility Grant 0.00 Airport Fund 22,800.00 0.00 Port Fund FAA Security Fencing & Runway 9L/27 67.75 1,477 0.00 0.00 Parallel Runway Design-9L/27R 25 1,377.25 1,304.12 0.00 Impact Fee Collections 4,712.39 0.00 Plan Maintenance RAD Fund Administrator-19th Judicial Cir 971.24 0.00 Ct Ct Administrator-Arbitration/Mediat 500.00 0.00 0.00 Ct Admin.- Teen Court 1,5 633.08 0.00 FHFA SHIP 2008/2009 50,633.78 395.97 0.00 Home Consortium Pla 0.00 FHFC Hurricane Housing Recovery 2,735.39 0.00 Driftwood Manor I&S Fund 701,109.90 701,694.67 0.00 Capital Projects I&S 4th Cent I&S Fund 0.00 Tourism Dev 19,574.50 0.00 River Branch I&S Fund 410,363.77 36,300.00 0.00 Impact Fees -Law Enforcement 0.00 County Capital County Capital -Transportation Bond 2,323.50 0.00 1 PAGE 2 11/06/09 FZABWARR FUND TITLE 401 418 451 458 461 471 478 479 491 505 505001 611 525 581 582 583 589 301 ST. LUCIE COUNTY - BOARD WARRANT LIST # 6- 31-OCT-2009 TO 06-NOV-2009 FUND SUMMARY Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library King Orange 2 Skylark 2 Revels Lane 1 Rouse Road MSBU Bank Fund GRAND TOTAL: EXPENSES 384,930.38 32,221.30 1, 905.24 153.47 10,160.82 6,101.30 379.72 424.14 10,310.60 243,811.72 37,010.55 591.30 7,361.54 4,916.03 3,712.11 6,220.29 11,399.47 35,458.35 10, 185, 781. 24 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,633.70 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,633.70 TO: Board of County Commissioners SUBMITTED BY(DEPT): County Attorney AGENDA REQUEST ITEM NO. VI-B-1 Date: November 10,2009 Regular [ ] Public Hearing [ ] Consent [X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Boys and Girls Club of St. Lucie County, Inc. - Recreation Services Agreement BACKGROUND: See C.A. No. 09-1399 FUNDS AVAIL.(State type & No, of transaction or N/A): Account No. 310002-7210-562000-7690 RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve the proposed Recreation Services Agreement with Boys and Girls Club of St. Lucie County, Inc., and authorize the Chair to sign the agreement. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney:. Daniel 5. Mc ty Originating Dept.: Debra Brisson �' 2 Finance (Check for Copy only, if applicable): CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures Mgt. & Budget: Purchasing: Marie Gouin Other: Other: A INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 09-1399 DATE: October 28, 2009 SUBJECT: Boys and Girls Club of St. Lucie County, Inc. - Recreation Services Agreement BACKGROUND: As the Board is aware, the Boys and Girls Club of St. Lucie County, Inc. has requested financial assistance from the County to install a new 24' X 40' modular concrete classroom at its existing facility on Lennard Road. In recognition of the increased recreation opportunities which will be made available to County children with the addition of the new classroom, the attached Recreation Services Agreement provides for the County to disburse funds in the amount of $100,000.00 to the Club for the project. The funds will come from Parks Impact Fees. Pursuant to the agreement, the Club will be required to use the building for recreational purposes for a term of thirty (30) years which equates to the useful life of the building. In the event the Club discontinues use of the building for such purposes for a period greater than six months, the Club will be required to reimburse the County on a pro rota basis based upon the remaining term of the agreement. RECOMMENDATION/CONCLUSION : Staff recommends the Board of County Commissioners approve the proposed Recreation Services Agreement with Boys and Girls Club of St. Lucie County, Inc., and authorize the Chair to sign the agreement. Respectfully submitted, ` 6--�Jng- Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Parks and Recreation Director Finance Director Management and Budget Director RECREATION SERVICES AGREEMENT THIS AGREEMENT made 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 as "County", and BOYS AND GIRLS CLUB OF ST. LUCIE COUNTY, INC., a Florida not for profit corporation hereinafter referred to as "Club". WITNESSETH: WHEREAS, the Club provides life enhancing programs and character developing experiences to the youth of St. Lucie County, including but not limited to a variety of recreational programs; and, WHEREAS, the Club owns property located at 10673 Lennard Road, Port St. Lucie, Florida, hereinafter referred to as the "Site"; and, WHEREAS, the Club intends to construct two concrete classrooms on the Site in order to increase the availability of programs offered to the youth of the County, hereinafter referred to as the "Facility"; and, WHEREAS, the County is willing to enter into this agreement with the Club to provide funding for the Project in order to provide these expanded services. 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 at 10673 Lennard Road, Port St. Lucie, Fort Pierce, Florida, and shall consist of one concrete 24' X 40' modular concrete classroom and one 24' x 8' modular porch. 2. USE OF FACILITY On or before January 2, 2010, the Club shall commence use of the Facility to provide life enhancing programs and character development opportunities to the youth of St. Lucie County between the ages of five and eighteen. The Club shall pay all applicable taxes, assessments on its operation as well as on goods, merchandise, fixtures, appliances, equipment and property owned by it and located in or about the Facility. The Club agrees promptly to pay when due all of its operating, maintenance and servicing charges and costs 5:\atty\agreemnt\boys&girls.rec.services.wpd _1 ber incurred in the use and operation of the Facility. Beginning shall provide,2an10anannual continuing each year for the remainder of this Agreemen , report to the County regarding the use of the Facility including but not limited to the number and age groups of children served and types of programs provided during the previous year. 3. TERM The term of this Agreement shall be for the period beginning on the date first written above and shall continue through an o Agreement including fA September renewed 2r0which the agreed upon life of the Facility. The term f 9 mutual agreement of the parties upon the some terms and conditions. 4. COUNTY CONTRIBUTION In recognition of the recreational services which the Club will provide to the youth of the County under this Agreement, the County agrees to disburse funds in the amount of one hundred thousand and 00/100 dollars ($100,000.00) to the Club within thirty (30) days of the execution of this Agreement by both parties. The County shall not be obligated to provide any additional fundhClub Fac lity for the purposes Agreement. In the event the Club abandons te use of the provided herein for a period of six months or more, the Club shall reimburse the County on a pro rota basis for the funds disbursed hereunder based upon the remaining term of the Agreement; for example, if fifteen years are remaining in the term, the Club shall reimburse the County fifty percent (50%) of its contribution, or fifty thousand and 00/100 dollars ($50,000.00). This reimbursement provision shall survive early termination of the Agreement. In the event the Club sells, leases or otherwise conveys the Site during the term of this Agreement, the Club shall reimburse the County as herein provided. 5. INDEMNIFICATION AGAINST CLAIMS The Club 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 of the insurance coverage set forth in Paragraph 9 below, the Club 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 Club or its agents, servants, employees, -2- s:\atty\agreemnt\boyshgirls.rec.services.wpd I 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 Club 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 Club 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 Club's use of the Facility except that in the event the claim is finally determined to have arisen due to the negligence In consideration of this indemnification obligation, the Club agrees to pay the County the amount of one and 00/100 dollars ($1.00) which shall be included with the payment provided in Paragraph 2- 4. 6. 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 Club's sole direction, supervision and control. The Club shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Club's relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees or agents of the County. In addition, the Club 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 and any other agreements between the County and the Club. 7. INSURANCE The parties agree to the f ollowing provisions pertaining to insurance: A. Fire and Extended Coverage The Club shall, at all times during the term of this Agreement and at Club's sole expense keep the Facility insured against loss or damage by fire and hazards customarily insured by extended coverage in an amount greater than or equal to the fair market value of the Facility. Such insurance shall be obtained from an insurance company licensed and authorized to do business in the State of Florida and shall designate the County as an additional named insured. A certificate of such insurance shall be provided by the Club to the County at the time of execution of this Agreement, specifically providing that the -3- S:\atty\agreemnt\boys&girls.rec.services.wpd insurance shall not be amended or canceled by the insurer until thirty (30) days advance written notice has been given to the County B. Worker's Compensation The Club shall carry, maintain and pay for all necessary workmen's compensation insurance in its own name, as required by law. C. Liability Insurance The Club shall, at its own cost and expense, promptly procure and pay for and at all time maintain a policy or policies of insurance in a company or companies acceptable to the County, protecting and insuring the County against any and all of the foregoing with coverage limits of not less than $1,000,000 for bodily injury and property damage as a result of any single occurrence concerning Club's operation of the site. The described policies of insurance and all renewals of those policies shall be delivered to and held by the County. The insurance policy shall provide Broad Form Comprehensive General Liability coverage and it shall include personal injury; products and completed operations; and contractual liability specifically insuring this Hold Harmless paragraph. The policy shall further name the County as an additional named insured and shall provide a thirty (30) day notice of cancellation or non -renewal and a severability of interest endorsement. A certificate of such insurance shall be provided by the Club to the County at the time of execution of this Agreement. D Damage or Destruction to Facility Except as otherwise provided in this Agreement, if the Facility or any part of them (including any improvements), shall be damaged or destroyed, the Club shall, to the extent of the insurance proceeds available and deductible, promptly repair or replace the same within twelve (12) months from the date of the incident causing the damage. In the event the Club does not repair or replace the building within twelve (12) months, the Club shall reimburse the County the amount of its contribution less the amount of use on pro rata basis over thirty (30) years. It shall be the Club's responsibility to repair or reconstruct the Facility as appropriate. Any other terms or provisions of this Agreement pertaining to repair, alteration, construction or reconstruction by the Club shall be binding upon the Club in repairing or reconstructing the Facility. If such a substantial -4- 5: \atty\agreemnt\boys&gi rls.rec.servi ces.wpd portion of the Facility is destroyed so that Club determines that Club cannot reasonably continue to utilize the Facility until the same are repaired or replaced, then the Club may elect to either repair or replace the same, to the extent of the insurance proceeds and deductible available, or to abstain from repairing or replacing the same and to terminate this agreement, whereupon any insurance proceeds shall be paid to the holder of any mortgage which encumbers the Facility in an amount equal to the outstanding balance of the loan and the balance of such proceeds, if any shall be paid to the County. 8. DEFAULT; TERMINATION In the event, the Club fails to commence use of the Facility on or before January 2, 2010, or abandons use of the Facility as required hereunder for a period of six consecutive months, the County may terminate this Agreement upon thirty (30) days prior written notice of default. In the event the County terminates this Agreement the Club shall reimburse the County for its contribution on a pro rata basis for the remainder of the Agreement term as provided above in Paragraph 4.. 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 Club. 9. NON-DISCRIMINATION The Club for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that no person on the grounds of race, 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. 10. CONFLICT OF INTEREST The Club 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 Club 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 -5- 5: \atty\agreemnt \boys(&gi rls.rec.servi ces.wpd 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. 11. 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. 12. ENTIRE AGREEMENT This Agreement and the attachments hereto represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes all other negotiation, understandings, and representations (if any) made by and between such parties. 13. 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. 14. 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. 15. 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. -6- 5: \atty\agreemnt \boys&gi rls.rec.services.wpd 16. 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 St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 AS TO THE CLUB: Executive Director Boys & Girls Club of St. Lucie County, Inc. 607 North 7th Street, Suite 1 Fort Pierce, Florida 34950 WITH A COPY TO: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 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 telecommunicated if by telegraph, (c) on the date of transmission with confirmed answer bank if by telex, and (d) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 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. 17. 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. 18. 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 -7- 5:\atty\agreemnt\boysdgirls.rec.services.wpd appropriate from the context. 19. 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. 20. 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 as 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. 21. 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 any claims which are justiciable in federal court. 22. RECORDING This Agreement shall be recorded in the public records of St. Lucie County prior to its effectiveness. -8- 5: \atty\agreemnt \ boys&girls.rec.services.wpd { 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 ATTEST: BOY & GIRLS CLUB OF ST. LUCIE COUNTY, INC. BY: President (Seal) -9- 5: \atty\agreemnt \boys&girls:rec.servi ces.wpd AGENDA REQUEST 17 couNTY F L 0 R t D A ITEM NO. VI-B-2 DATE: 11-10-09 REGULAR[ j PUBLIC HEARING[ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: y� C� SUBMITTED BY (DEPT): County Attorney �T k i` Mark Godwin 'j Criminal Justice Coordinator SUBJECT: Approve the purchase of "Gwava Retain" software for public information compliance. BACKGROUND: Please see attached Memorandum CA No. 09-1410. FUNDS AVAIL: Funds for this software are designated in account 107-2360- 551501-200. The total cost of software and support would be $2,396.00 dollars. PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board approve the purchase of the above noted software. COMMISSION ACTION: CONCURRENCE: bQ APPROVED [ ] DENIED [ j OTHER: Approved 5.0 [X] County Attorney: In Dan McIntyre X I.T. Director [ ] Dennis Wetzel Faye W. Outlaw, MPA County Administrator Review and Approvals [x] Management &Budget:IZ [ Marie Gouin, irector Patty Marston, Analyst c6CIi�TY Y F L o R I D A County Attorney MEMORAND UM09-1410 TO: Board of County Commissioners THROUGH: Daniel S. McIntyre, County Attorney FROM: Mark J. Godwin, Criminal Justice Coordinator DATE: November 10, 2009 SUBJECT: Purchase of "Gwava Retain" Software for public information compliance ITEM NO. VI B 2 Background: Since June of 2007, the Pretrial Release/GPS Program has been utilizing the services of immediate notification of defendant alerts (violation of home confinement) via Blackberry phones. Every day, numerous messages flow in and out of the Pretrial Department. Additionally, most of the staff communication utilizes the Blackberry phones. The staff utilize smart phone technology to work in conjunction with a custom designed database for tracking the defendants, uploading case notes and court information. Due to recently passed requirements, it is important to preserve and have ready access for public information, all routine notifications through the Blackberry phones. The only messages that would not be retained are specified by Florida Statute, Chapters 934 & 119, (exemptions of public records for public safety disclosure). The County Pretrial Program communication exemptions would involve public safety issues, safety of staff, safety of law enforcement officers, safety of victims, and transfer of information for work purposes (that can involve sensitive or confidential information not normally available to the public — such as addresses and medical information). 1 — victim information is sent for the purpose of setting up exclusion zones with addresses of residences, work, schools, etc 2 — addresses of criminal defendants are sent through (often from the courtrooms or jail) to start putting in GPS tracking zones 3 — law enforcement request information on defendants, and will notify us of pending charges or investigations that are open 4 — knowledge of detention orders/warrants on defendants 5 — knowledge of drug/warrant sweeps (including locations) 6 — knowledge of pending search warrants 7 — knowledge of confidential informants being used by law enforcement and places and times 8 —planned up -grades to the system, which on occasion might involve shutting down parts of the system temporarily 4- 1' 9 — drug testing and the results (can be considered confidential/medical) which may be used to obtain a detention order/warrant 10 — coordination with pretrial staff and/or law enforcement to do home visits, searches, and possibly detention/arrests 11 — doctor and medical appt. verification (to clarify gps alerts) 12 — dependency/minors information (again to clarify gps alerts) 13 — juveniles that have pending adult charges (we may have sensitive information that involves them as a juvenile/minor) 14 — information on defendants minor children (to verify gps alerts or leaving the county for doctor/medical appt.) Recommendation: Staff recommends the Board approve the purchase of "Gwava Retain" software for public information compliance. 10 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY i lnfal ma#1on Technology 2300 VIRGINIA AVENUE �T Quote FORT PIERCE, FL. 34982 Phone: (772) 462-1681 Date Quote / Work Order # Fax: (772) 462-1443 10/26/2009 121576 Manager Initials NAME DEPARTMENT VENDOR INFORMATION Daniel McIntyre Gwava Retain County Attorney Mitch Lauer 772-462-1417 100 Alexis Nihon Suite 500 St. Laurent, QC Canada 1-14M 2P1 Phone: 1-866-GO-GWAVA Fax:1-646-304-6250 Product Description Part No. Quantity Price Extended Server Licensing for Blackberry Retention - 1st Year Support and Upgrades - 1st Year 1 1 2,100.00 296.00 2,100.00 296.00 ** Year 2 and ongoing Support and Maiintanence cost is - $296 *' ** Additional Users added will cost $40 per user ** Sub Total $2,396.00 Shipping Price $0.00 Price Adjustment $0.00 goods and/or services as quoted hereon have been requested in the quanity Total $2,396.00 quality stated. Quotes are valid for 30 days unless othewise stated. DOTE VALID UNTIL 11 /30/2009 IF THIS QUOTE IS VALID THEN PLEASE PROCEED WITH THE PURCHASING PROCESS Administrative use only Appoved: ❑ Denied: ❑ Authorized Signature Date Please sign BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY 230c0 VIRGINIA AVENUE ��Quote �'.7fQ��m�tian T�chrilJl6��/ .r�,_�- FORT PIERCE, FL. 34982 . Date Quote /Work Order f ncna (7 72) 462-1681 Fax. (772) 432-1443 10/26/2009 121576 Manager Initials NAME I DEPARTMENT Daniel McIntyre County Attorney 772-462-1417 Product Description Server Licensing for Blackberry Retention - 1st Year VENDOR INFORMATION Gwava Retain Mitch Lauer 100 Alexis Nihon Suite 500 St. Laurent, QC Canada H4M 2P1 Phone: 1-866-GO-GWAVA Fax:1-646-304-6250 Part No. Support and Upgrades - 1st Year iTES: -- Year 2 and ongoing Support and Maiintanence cost is - $296 *' "` Additional Users added will cost $40 per user ** ' itity Price Extended 1 2,100.00 2,100.00 1 296.00 296.00 Sub Total $2,396.00 Shipping Price $0.00 Price Adjustment $0.00 Total $2,396.00 goods and/or services as quoted hereon have been requested in the quanity quality stated. Quotes are valid for 30 days unless othewise stated. QUOTE VALID UNTIL 11 /30/2009 IF THIS QUOTE IS VALID THEN PLEASE PROCEED WITH THE PURCHASING PROCESS Administrative use only Appoved: ❑ Denied: ❑ Authorized Signature Date Please sign both copies (d) Any information revealing surveillance techniques or procedures or personnel is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Any comprehensive inventory of state and local law enforcement resources compiled pursuant to part I, chapter 23, and any comprehensive policies or plans compiled by a criminal justice agency pertaining to the mobilization, deployment, or tactical operations involved in responding to emergencies, as defined in s. 252.34(3), are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution and unavailable for inspection, except by personnel authorized by a state or local law enforcement agency, the office of the Governor, the Department of Legal Affairs, the Department of Law Enforcement, or the Department of Community Affairs as having an official need for access to the inventory or comprehensive policies or plans. (e) Any information revealing the substance of a confession of a person arrested is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, until such time as the criminal case is finally determined by adjudication, dismissal, or other final disposition. (f) Any information revealing the identity of a confidential informant or a confidential source is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (g) When the alleged victim chooses not to file a complaint and requests that records of the complaint remain confidential, all records relating to an allegation of employment discrimination are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (h)1. Any criminal intelligence information or criminal investigative information including the photograph, name, address, or other fact or information which reveals the identity of the victim of the crime of sexual battery as defined in chapter 794; the identity of the victim of a lewd or lascivious offense committed upon or in the presence of a person less than 16 years of age, as defined in chapter 800; or the identity of the victim of the crime of child abuse as defined by chapter 827 and any criminal intelligence information or criminal investigative information or other criminal record, including those portions of court records and court proceedings, which may reveal the identity of a person who is a victim of any sexual offense, including a sexual offense proscribed in chapter 794, chapter 800, or chapter 827, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 22. In addition to subparagraph 1., any criminal intelligence information or criminal investigative information that is a photograph, videotape, or image of any part of the body of the victim of a sexual offense prohibited under chapter 794, chapter 800, or chapter 827, regardless of whether the photograph, videotape, or image identifies the victim, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption applies to photographs, videotapes, or images held as criminal intelligence information or criminal investigative information before, on, or after the effective date of the exemption. (i) Any criminal intelligence information or criminal investigative information that reveals the personal assets of the victim of a crime, other than property stolen or destroyed during the commission of the crime, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (j)1. Any document that reveals the identity, home or employment telephone number, home or employment address, or personal assets of the victim of a crime and identifies that person as the victim of a crime, which document is received by any agency that regularly receives information from or concerning the victims of crime, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Any information not otherwise held confidential or exempt from s. 119.07(1) which reveals the home or employment telephone number, home or employment address, or personal assets of a person who has been the victim of sexual battery, aggravated child abuse, aggravated stalking, harassment, aggravated battery, or domestic violence is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, upon written request by the victim, which must include official verification that an applicable crime has occurred. Such information shall cease to be exempt 5 years after the receipt of the written request. Any state or federal agency that is authorized to have access to such N documents by any provision of law shall be granted such access in the furtherance of such agencys statutory duties, notwithstanding this section. 2.a. Any information in a videotaped statement of a minor who is alleged to be or who is a victim of sexual battery, lewd acts, or other sexual misconduct proscribed in chapter 800 or in s. 794.011, S. 827.071, s. 847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. 847.0145, which reveals that minor's identity, including, but not limited to, the minor's face; the minor's home, school, church, or employment telephone number; the minors home, school, church, or employment address; the name of the minor's school, church, or place of employment; or the personal assets of the minor; and which identifies that minor as the victim of a crime described in this subparagraph, held by a law enforcement agency, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Any governmental agency that is authorized to have access to such statements by any provision of law shall be granted such access in the furtherance of the agency's statutory duties, notwithstanding the provisions of this section. b. A public employee or officer who has access to a videotaped statement of a minor who is alleged to be or who is a victim of sexual battery, lewd acts, or other sexual misconduct proscribed in chapter 800 or in s. 794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. 847.0145 may not willfully and knowingly disclose videotaped information that reveals the minor's identity to a person who is not assisting in the investigation or prosecution of the alleged offense or to any person other than the defendant, the defendant's attorney, or a person specified in an order entered by the court having jurisdiction of the alleged offense. A person who violates this provision commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 0 s. 24(a), Art. I of the State Constitution until the conclusion of the litigation or adversarial administrative proceedings. For purposes of capital collateral litigation as set forth in s. 27.7001, the Attorney General's office is entitled to claim this exemption for those public records prepared for direct appeal as welt as for all capital collateral litigation after direct appeal until execution of sentence or imposition of a life sentence. 2. This exemption is not waived by the release of such public record to another public employee or officer of the same agency or any person consulted by the agency attorney. When asserting the right to withhold a public record pursuant to this paragraph, the agency shall identify the potential parties to any such criminal or civil litigation or adversarial administrative proceedings. If a court finds that the document or other record has been improperly withheld under this paragraph, the party seeking access to such document or record shall be awarded reasonable attorney's fees and costs in addition to any other remedy ordered by the court. (e) Any videotape or video signal that, under an agreement with an agency, is produced, made, or received by, or is in the custody of, a federally licensed radio or television station or its agent is exempt from s. 119.07(1). (f) Data processing software obtained by an agency under a licensing agreement that prohibits its disclosure and which software is a trade secret, as defined in s. 812.081, and agency -produced data processing software that is sensitive are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. The designation of agency -produced software as sensitive shall not prohibit an agency head from sharing or exchanging such software with another public agency. (2) AGENCY INVESTIGATIONS. (a) All criminal intelligence and criminal investigative information received by a criminal justice agency prior to January 25, 1979, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (b) Whenever criminal intelligence information or criminal investigative information held by a non - Florida criminal justice agency is available to a Florida criminal justice agency only on a confidential or similarly restricted basis, the Florida criminal justice agency may obtain and use such information in accordance with the conditions imposed by the providing agency. , (c)1. Active criminal intelligence information and active criminal investigative information are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 2. A request of a law enforcement agency to inspect or copy a public record that is in the custody of another agency, the custodian's response to the request, and any information that would identify the public record that was requested by the law enforcement agency or provided by the custodian are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, during the period in which the information constitutes criminal intelligence information or criminal investigative information that is active. This exemption is remedial in nature, and it is the intent of the Legislature that the exemption be applied to requests for information received before, on, or after the effective date of this subparagraph. The law enforcement agency shall give notice to the custodial agency when the criminal intelligence information or criminal investigative information is no longer active, so that the custodian's response to the request and information that would identify the public record requested are available to the public. This subparagraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed October 2, 2007, unless reviewed and saved from repeat through reenactment by the Legislature. 119.071 General exemptions from inspection or copying of public records. (1) AGENCY ADMINISTRATION. (a) Examination questions and answer sheets of examinations administered by a governmental agency for the purpose of licensure, certification, or employment are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. A person who has taken such an examination has the right to review his or her own completed examination. (b)l.a. Seated bids or proposals received by an agency pursuant to invitations to bid or requests for proposals are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to s. 120.57(3)(a) or within 10 days after bid or proposal opening, whichever is earlier. b. If an agency rejects all bids or proposals submitted in response to an invitation to bid or request for proposals and the agency concurrently provides notice of its intent to reissue the invitation to bid or request for proposals, the rejected bids or proposals remain exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to s. 120.57(3)(a) concerning the reissued invitation to bid or request for proposals or until the agency withdraws the reissued invitation to bid or request for proposals. This sub - subparagraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2011, unless reviewed and saved from repeal through reenactment by the Legislature. 2.a. A competitive seated reply in response to an invitation to negotiate, as defined in s. 287.012, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to s. 120.57(3)(a) or until 20 days after the final competitive sealed replies are all opened, whichever occurs earlier. b. If an agency rejects all competitive sealed replies in response to an invitation to negotiate and concurrently provides notice of its intent to reissue the invitation to negotiate and reissues the invitation to negotiate within 90 days after the notice of intent to reissue the invitation to negotiate, the rejected replies remain exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to s. 120.57(3)(a) concerning the reissued invitation to negotiate or until the agency withdraws the reissued invitation to negotiate. A competitive sealed reply is not exempt for longer than 12 months after the initial agency notice rejecting all replies. c. This subparagraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2011, unless reviewed and saved from repeal through reenactment by the Legislature. (c) Any financial statement that an agency requires a prospective bidder to submit in order to prequalify for bidding or for responding to a proposal for a road or any other public works project is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (d)1. A public record that was prepared by an agency attorney (including an attorney employed or retained by the agency or employed or retained by another public officer or agency to protect or represent the interests of the agency having custody of the record) or prepared at the attorney's express direction, that reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the agency, and that was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or that was prepared in anticipation of imminent civil or criminal litigation or imminent adversarial administrative proceedings, is exempt from s. 119.07(1) and 0 AGENDA REQUEST ITEM NO. VI - C DATE: 11 /10109 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT M TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Ben DeVries SUBMITTED BY: Administration/TC Research Park Executive Director OP SUBJECT: Two Computers - BA No. 10-003 / Eqt. Req. No. 10-016 BACKGROUND: See attached memorandum FUNDS AVAILABLE: Acct. No. 001-3716-564000-300 Machinery and Equipment (pending BOCC approval) PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Equipment Request No. 10-016 and Budget Amendment No.10- 003 (attached) for the purchase and installation of two computers w/software at the Treasure Coast Research Park at a total cost of $3,084.00. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 5.0 County Attorney ( ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordinabon/Si4natures OMB Director ( ) Budoet Analvst (N e) - Originating Dept. ERD BeW DeVries ,I 4A-- Mbrie Gouin Patty Marston (Name) Administration/ Treasure Coast Research Park MEMORANDUM TO: Board of County Commissioners FROM: Ben DeVries, Executive Director DATE: November 10, 2009 SUBJECT: Two Computers BA No. 10-003 / Eqt. Req. No. 10-016 —Two Computers ITEM NO. VI - C Background: The Executive Director and Executive Assistant positions at the Treasure Coast Research Park were vacant when the new computers were purchased for St. Lucie County staff. Both positions have since been filled and are in need of updated hardware and software in order to provide the capability to efficiently conduct daily duties and communicate with various County departments and other agencies. It is the hope of the Research Park staff to have connectivity to the County's computer system at some point in the near future and have the support of the Information Technology Dept. (I.T.). At this point in time, staff cannot access the Intranet and other internal sites, such as contracts, interlocal agreements, agendas, Laser fiche, forms for accounts payable, and etc. Upgrading the hardware and software is the first step towards being in line with the same equipment and programs as the other County departments for potential I.T. support and access to internal programs/files. Previous Action: N/A Recommendation: Board approval of Equipment Request No.10-016 and Budget Amendment No.10-003 (attached) for the purchase and installation of two computers w/software at the Treasure Coast Research Park at a total cost of $3,084.00. FROM: BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: TC Research and Education Park PREPARED DATE: 10120/2009 AGENDA DATE: 11/10/2009 001-371 & Equipment 001-3716-531000-300 Professional Services $3,uq" REASON FOR BUDGET and Executive A CONTINGENCY BALAN THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: To two new n/a n1a BA10-003 for the Director I ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2009-2010 AGENDA DATE: NOVEMBER 10, 2009 The Executive Director and Executive Assistant positions at the Treasure Coast Research Park were vacant when the new computers were purchased for St. Lucie County staff. Both positions have since been filled and are in need of updated hardware and software in order to provide the capability to efficiently conduct daily duties and communicate with various County departments and other agencies. It is the hope of the Research Park staff to have connectivity to the County's computer system at some point in the near future and have the support of the Information Technology Dept. (I.T.). At this point in time, staff cannot access the Intranet and other internal sites, such as contracts, interlocal agreements, agendas, laserfiche, forms for accounts payable, and etc. Upgrading the hardware and software is the first step towards being in line with the same equipment and programs as the other County departments for potential I.T. support. Request to purchase: 1 desktop computer, 1 laptop computer with a docking station, two monitors, and the software bundles. Please see attached quote. 10-016 #001-3716-564000-300 .�BOARD OF COUNTY f 2'. / COMMISSIONERS ST. LUCIE COUNTY Information Technology _ 2300 VIRGINIA AVENUE IT Quote FORT PIERCE, FL. 34982 Phone: (772) 462-1681 Date Quote / Work Order # Fax: (772) 462-1443 10/02/2009 120472 Mandffft Initials NAMEIDEPARTMENT Ben DeVries TCERDA - ERD - Admin 467-3107 VENDOR INFORMATION Dell Computer Corporation Shannon Graham One Dellway RR2E, Box 4 Round Rock, TX 78682 Phone: 800-981-3355 Fax:800-433-9527 Product Description Part No. Quantity Price Extended Dell OptiPlex 760 Standard with Software 1 1,166.00 1,166.00 Dell E5500 Laptop with Software bundle 1 1,466.00 1,466.00 Dell Docking Station for E5500 Laptop 1 451.97 451.97 Dell 22" Flat Panel Widescreen E228FP 2 0.00 0.00 OTES: Sub Total $3,083.97 Shipping Price $0.00 Price Adjustment $0.00 Total $3,083.97 The goods and/or services as quoted hereon have been requested in the quanity and quality stated. Quotes are valid for 30 days unless othewise stated. QUOTE VALID UNTIL 11 /02/2009 IF THIS QUOTE IS VALID THEN PLEASE PROCEED WITH THE PURCHASING PROCESS Administrative use only Appoved:] �-- Denied: I_1 Authorized Signature Dab Please sign both ITEM NO. VI-D DATE: 11 /10/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: f Diana D. Lewis-- SUBMITTED BY: Airport Airport Director �` SUBJECT: Resolution No. 09-295, Florida Department Transportation (FDOT) Joint Participation Agreement (JPA), Taxiway C Rehabilitation BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140-4220-563000-4804 — Airport Local Match Funds PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Resolution No. 09-295 accepting the FDOT Joint Participation Agreement in the amount of $1,942,400 with a $485,600 local match for the Taxiway C Rehabilitation project and authorization for the Chair to sign the document as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (�) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Sianatures County Attorney ( ) OMB Director ` V 1g, p or r+ Budget Analyst Daniel McIntyre Marie Gouin Heather Young Patty Marston Originating Dept. ( ) (Name) ERD ( ) (Name) AIRPORT MEMORANDUM TO: Board of County Commissioners FROM: Diana D. Lewis, Airport Directo DATE: November 10, 2009 SUBJECT: Resolution No. 09-295, Florida Department Transportation (FDOT) Joint Participation Agreement (JPA), Taxiway C Rehabilitation ITEM NO. VI-G2 Background: Taxiway C is a parallel taxiway associated with Runway 14/32. The taxiway is 4,700 feet in length and 35 feet wide. The original 1,700 foot section of this taxiway was last resurfaced in 1985. The additional 3,000 feet was constructed in 1989 and has not been resurfaced since it was built. In October 2007, a pavement inspection was conducted by the FDOT. The inspection results showed that Taxiway C is in fair condition with some areas listed as poor. It has been over 20 years since the taxiway was last milled and paved, and the pavement has reached its useful life. This FDOT JPA for Taxiway C is an 80/20 grant with a $485,600 local match share for a total project cost of $2,428,000. Recommendation Board approval of Resolution No. 09-295 accepting the FDOT Joint Participation Agreement in the amount of $1,942,400 with a $485,600 local match for the Taxiway C Rehabilitation project and authorization for the Chair to sign the document as approved by the County Attorney. RESOLUTION NO. 09-295 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FIN. PROJ. NO. 418270-1-94-01) TO REHAB TAXIWAY C 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 Taxiway C at the St. Lucie County International Airport (Fin. Proj. No. 418270-1-94-01). 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. 418270-1-94-01) to provide funding to Rehab Taxiway C 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 09-295 was as follows: Chair Paula Lewis XXX Vice -Chair Charles Grande XXX Commissioner Doug Coward XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX PASSED AND DULY ADOPTED this day of 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK 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 06/09 Page 1 of 14 Financial Project No.: Fund: DS FLAIR Category: 088719 418270-1-94-01 Function: 637 Object Code: 750004 (item-segment-p ase-sequence Federal No.: Org. Code: 55042010428 Contract No.: DUNS No.: Vendor No.: VF596000835030 CFDA Number: CSFA Number: 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 to Rehabilitate Taxiway "C" 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 06/09 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 $ 2,428,000 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 $ 1,942,400 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 @. 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 O 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: 725-030-06 PUBLIC TRANSPORTATION 06/09 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. 725-030-06 PUBLIC TRANSPORTATION 06/09 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 or program -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 entity for Federal program matching requirements. 2. In connection with 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 06109 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 Circular A-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 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 reportable 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 06/09 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; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 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 06/09 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. 725-030.06 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., Consultants' 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. 725-030-06 PUBLIC TRANSPORTATION 06/09 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. 725-030-06 PUBLIC TRANSPORTATION 06/09 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. 16.00 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. 725-030-DB PUBLIC TRANSPORTATION 06/09 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 06109 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. 725-030-06 PUBLIC TRANSPORTATION 06/09 Page 14 of 14 Financial Project No. 418270-1-94-01 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 SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE Fin. Proj. No.: 418270-1-94-01 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 Taxiway C 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.: 418270-1-94-01 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: $2,428,000 11. PARTICIPATION: Federal Participation: FAA, FTA, UMTA, etc. 0.00% $0 Agency Participation: I n-Knd Cash 20.00% $485,600 Other **Ma)amum Department Participation: Primary(DS) (DDR) (DIM) (PORT) 80.00% $1,942,400 Federal Reimbursable (DU) (FRA) (DFTA) Local Reimbursable DL III. TOTAL PROJECT COST: $2,428,000 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15 EXHIBIT "C" AVIATION AVIATION AVIATION PROGRAM ASSURANCES OaPage 1 ofge1 o9 9 FINANCIAL PROJECT NO.: 418270-1-94-01 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 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 725-040-15AVIATION EXHIBIT "C" occ-03/09 Page 2 of 9 AVIATION PROGRAM ASSURANCES • 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 a construction -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 5100.37B, 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" AVIATION 109 AVIATION PROGRAM ASSURANCES Page3 of f9 Page 3 9 I. 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 sponsor's 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. 3. 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 1.1 7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15 EXHIBIT "C" AVIATION OGC - 03109 Page 4of9 AVIATION PROGRAM ASSURANCES 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. 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. 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 a cost -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 EXHIBIT "C" AVIATION OGC - 03/09 AVIATION PROGRAM ASSURANCES Page 5cf9 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 or tenant -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 accordance 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 EXHIBIT "C" AVIATION PROGRAM ASSURANCES 725-040-1 s AVIATION OGC - 03109 Page 6 of 9 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 a one-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. Airfield 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 transfer or 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 Projects 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 EXHIBIT "C" AVIATION /09 AVIATION PROGRAM ASSURANCES Page7of Page 7 of 9 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 a cost -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 (JACI P). 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 TION EXHIBIT "C" OGCIA0309 AVIATION PROGRAM ASSURANCES Page 8of9 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 - 03/09 AVIATION PROGRAM ASSURANCES Page 9of9 (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. 41897n-1-94-n1 Contract No. Agreement Date EXHIBIT D State Agency Catalog of State Financial Assistance (Number & Title) Amount FDOT 55004 - Aviation Grant Program $ 1,942,400 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 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Grants/Disaster Recovery Department ITEM NO. VI -El DATE: 11/10/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) PRESENTED BY: Roberta Breene C'J� Grants/Resource Developer SUBJECT: Acceptance of grant award for Stan Blum Boat Ramp restroom. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Account No.129-9910-599300-800, MSTU — Reserves. PREVIOUS ACTION: March 24, 2009 - BOCC approval to submit the grant application. RECOMMENDATION: Board authorization udget Resolution No. 09-314, and authorize lthe nChair to sign ion District, approve 9 documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: �) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney (X) ' OMB Director Daniel McIntyre Budget Analyst Originating Dept. (X) Parks and Recreation Director William Hoeffner (X) Mane 4Gouin (X) /�,40 Robert O'Sullivan (X) _ Debra Brinson Grants/Disaster Recovery MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffnere,_ Grants/Disaster Recovery Director FROM: Roberta Breene 1244-6 Grants/Resource Developer DATE: November 10, 2009 SUBJECT: Acceptance of grant award for Stan Blum Boat Ramp restroom ITEM NO. VI -El Background: Stan Blum Boat Ramp is a heavily used facility just over the North Bridge on Hutchinson Island (Attachment 1) on 14 acres leased from the State of Florida. The installation of a restroom is in the master plan for the site as presented to the State in 2000. The approximate location of the restroom has been determined, water lines have already been installed, and electric has been stubbed in. In addition, the consultant has been selected; the scope of services has been defined & approved; and engineering, surveying and permitting should be underway by April 15, 2009. This award from the Florida Inland Navigation District (FIND) will provide one-half ($99,113) of the total estimated $198,226 construction cost for a 2,100-foot waste line and a pre -cast concrete restroom at the Stan Blum Boat Ramp. The County will provide the remaining $99,113 as match. This project is in the Master Plan for the site. There is a waste line connection about 700 feet east of the entrance to Stan Blum on the south side of A1A in the FDOT right of way. This will facilitate waste line connection and also has eliminated the need to seek permitting for a septic system Recommendation: Board authorization to accept a grant award from the Florida Inland Navigation District, approve Budget Resolution No. 09-314, and authorize the Chair to sign documents as approved by the County Attorney. RESOLUTION NO. 09-314 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 in the form of grant funds from the Florida Inland Navigation District in the amount of $99,113 for the Stan Blum boat ramp restroom. 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 10th day of November, 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 129801-7210-337710-764 FI Inland Navigation District $99,113 APPROPRIATIONS 129801-7210-562000-764 Buildings $99,113 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 10th DAY OF NOVEMBER 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Attachment 1 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Grants/Disaster Recovery Department ITEM NO. VI-E2 DATE: 11/10/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X) PRESENTED BY: Roberta Breene Grants/Resource Developer SUBJECT: Severe Repetitive Loss Pilot Program — Grant Requirements BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board Florida authorization De Department ofsubmit Eme Emergency information Management/Fedeal (Attachment the 1) to the Emergency P Management Agency. COMMISSION ACTION: �C) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Q Coordination/Signatures County Attorney (X) OMB Director Daniel McIntyre Budget Analyst Originating Dept. (X) Wiliam Hoeffner (X) -160A - Marie Gouin (X) T wonna Johnson Grants/Disaster Recovery MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner �� Grants/Disaster Rec^^ov��ery Director FROM: Roberta Breene /W Grants/Resource Developer DATE: November 10, 2009 SUBJECT: Severe Repetitive Loss Pilot Program — Grant Requirements ITEM NO. VI-E2 Background: The Severe Repetitive Loss (SRL) Pilot Program provides funding to reduce or eliminate the long- term risk of flood damage to severe repetitive loss structures insured under the National Flood Insurance Program (NFIP). Under various conditions and qualifications, the program will elevate the structure; acquire and relocate or demolish; or reconstruct on -site. If the property is acquired, it must remain as open space in perpetuity. Three of the seven participating properties will be mitigated through acquisition, three through elevation and one thouah reconstnintion FEMA will provide 90% of the cost. The homeowner will De responsible for 10%. Reconstruction projects and elevation projects require that both the property owner and St. Lucie County sign a FEMA Model Acknowledgement of Conditions for Mitigation of Property in a Special Flood Hazard Area with FEMA Grant Funds (Attachment 1 — For brevity, the local ordinances referenced following Item 2 iv have not been included.). This document also requires that a notice be recorded describing the flood insurance requirements. Funds Available: No County cash funds would be required. However the County would provide project management and fiscal oversight managing the elevation, reconstruction, or acquisition and demolition of these structures. FEMA will provide 5% or the total project cost as management and oversight reimbursement to the County. PREVIOUS ACTION November 3, 2009 — BOCC approval to submit additional required information for elevation and reconstruction applications October 20, 2009 — BOCC approval to withdraw and re -submit three acquisition applications. May 13, 2008 — BOCC approval to submit eight applications. Recommendation: Board authorization to sign and submit additional required information (Attachment 1) to the Florida Department of Emergency Management/Federal Emergency Management Agency. Attachment 1 FM FEMA Model Acknowledgement of Conditions For Mitigation of Property in a Special Flood Hazard Area With FEMA Grant Funds Property Owner Street Address City, State Zip Code Deed dated Recorded Tax map , block , parcel Base Flood Elevation at the site is feet (NGVD). Map Panel Number , effective date As a recipient of Federally -funded hazard mitigation assistance under the Hazard Mitigation Grant Program, as authorized by 42 U.S.C. §5170c / Pre -Disaster Mitigation Program, as authorized by 42 U.S.C. §5133 / Flood Mitigation Assistance Program, as authorized by 42 U.S.C. §4104c / Severe Repetitive Loss, as authorized by 42 U.S.C. §4102a, the Property Owner accepts the following conditions: 1. That the Property Owner has insured all structures that will not be demolished or relocated out of the SFHA for the above -mentioned property to an amount at least equal to the project cost or to the maximum limit of coverage made available with respect to the particular property, whichever is less, through the National Flood Insurance Program (NFIP), as authorized by 42 U.S.C. §4001 et seq., as long as the Property Owner holds title to the property as required by 42 U.S.C. §4012a. 2. That the Property Owner will maintain all structures on the above -mentioned property in accordance with the flood plain management criteria set forth in Title 44 of the Code of Federal Regulations (CFR) Part 60.3 and City/County Ordinance as long as the Property Owner holds title to the property. These criteria include, but are not limited to, the following measures: i. Enclosed areas below the Base Flood Elevation will only be used for parking of vehicles, limited storage, or access to the building; ii. All interior walls and floors below the Base Flood Elevation will be unfinished or constructed of flood resistant materials; iii. No mechanical, electrical, or plumbing devices will be installed below the Base Flood Elevation; and iv. All enclosed areas below Base Flood Elevation must be equipped with vents permitting the automatic entry and exit of flood water. For a complete, detailed list of these criteria, see City/County Ordinance attached to this document. 3. The above conditions are binding for the life of the property. To provide notice to subsequent purchasers of these conditions, the Property Owner agrees that the City/County will legally record with the county or appropriate jurisdiction's land records a notice that includes the name of the current property owner (including book/page reference to record of current title, if readily available), a legal description of the property, and the following notice of flood insurance requirements: "This property has received Federal hazard mitigation assistance. Federal law requires that flood insurance coverage on this property must be maintained during the life of the property regardless of transfer of ownership of such property. Pursuant to 42 U.S.C. §5154a, failure to maintain flood insurance on this property may prohibit the owner from receiving Federal disaster assistance with respect to this property in the event of a flood disaster. The Property Owner is also required to maintain this property in accordance with the flood plain management criteria of Title 44 of the Code of Federal Regulations Part 60.3 and City/County Ordinance." 4. Failure to abide by the above conditions may prohibit the Property Owner and/or any subsequent purchasers from receiving Federal disaster assistance with respect to this property in the event of any future flood disasters. If the above conditions are not met, FEMA may recoup the amount of the grant award with respect to the subject property, and the Property Owner may be liable to repay such amounts. This Agreement shall be binding upon the respective parties' heirs, successors, personal representatives, and assignees. THE COUNTY OF St. Lucie 0 la municipal corporation Paula A. Lewis, Chair, St. Lucie County Board of County Commissioners of the County of St. Lucie M WITNESSED BY: [Name of Witness] [SEAL] Notary Public Last Modified: Thursday, 04-Jun-2009 12:31:47 EDT ITEM NO. VI — E3 DATE: 11/10/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: William Hoeffner SUBMITTED BY: Grants/Disaster Recovery Director SUBJECT: National UDT Navy SEAL Museum — Grant Contract. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-7911-582000-700 UDT Navy SEAL Budget Aid to Other Organizations. PREVIOUS ACTION: October 14, 2008 Board approval of FY 2008/2009 Contract. RECOMMENDATION: Board approval of a contract to be prepared by the County Attorney to grant $40,000 to the National UDT Seal Museum for operating expenses. COMMISSION ACTION: Ck) APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Sisanatures County Attorney (X) Management & VT- Budget() Daniel McIntyre Originating Dept. (X) Management & law Budget Wilt am Hoeffner Marie Gouin 14 Alv�k- Patricb Marston ST. LUCIE COUNTY GRANTS / DISASTER RECOVERY DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: William Hoeffner 41/;/ Grants and Disaster Recovery Director DATE: November 10, 2009 SUBJECT: National UDT Seal Museum — Grant Contract ITEM NO. VI — E3 Background: During prior years, the County directly paid utility and other operational expenses for the National UDT Seal Museum. During the FY2006/2007 budget process, it was agreed the County would instead provide a grant of $40,000 for utility and other operational expenses. For the current fiscal year, this expense has been approved through the FY2009-2010 budget process. A contract outlining the terms of the grant will be prepared by the County Attorney's office. Recommendation Board approval of a contract to be prepared by the County Attorney to grant $40,000 to the National UDT Seal Museum for operating expenses. 7TY R I D A AGENDA REQUEST ITEM NO. VI-F DATE: 11/10/2009 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Tom Genung SUBMITTED BY: COURT ADMINISTRATION Trial Court Administrator SUBJECT: Request approval for usage of $2 Court Technology Funds in excess of $25,000 for equipment warranty and maintenance BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 107006-601-546000-6000 Court Technology Fund Expenses will be disbursed from Fund #107006. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the expenditure from the $2 Court Technology Fund in the amount of $32,304 for equipment warranty and maintenance on court reporting equipment purchases with county funds. St Lucie County's share would be $13,807. Indian River County has approved $2,470, Martin County has approved $10,590 and Okeechobee County has approved $5,436 (per the 2009-10 budget approval). COMMISSION ACTION: (>4 APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney (X) Originating Dept. ( X ) Coordination/Signatures Da Intyre Tom Genung CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Director (X ) Budget Analyst Marie Gouin Sophia Holt ERD ( ) (Name) 7% c UNTY F L O RID A TO: Board of County Commissioners COURT ADMINISTRATION DRUG COURT FROM: Tom Genung, Trial Court Administrator DATE: November 10, 2009 MEMORANDUM SUBJECT: Request approval from $2 Court Technology Fund in excess of $25,000 for equipment warranty and maintenance. ITEM NO. VI-F Background: Court Administration requests board approval to fund Equipment Maintenance from the $2 Court Technology Funds in the amount of $32,304 for equipment warranty and maintenance on court reporting equipment purchased with county funds. St. Lucie County's share would be $13,807. Indian River County has approved $2,470, Martin County has approved $10,590 and Okeechobee County has approved $5,436 (per the 2009-10 budget approval). There is a current State of Florida contract with the court reporting vendor CourtSmart, which specifies the warranty and maintenance costs (OSCA-08-DCR-03). Previous Action N/A Recommendation Staff recommends the Board of County Commissioners approve the expenditure from the $2 Court Technology Fund in the amount of $32,304 for equipment warranty and maintenance on court reporting equipment purchases with county funds. St Lucie County's share would be $13,807. Indian River County has approved $2,470, Martin County has approved $10,590 and Okeechobee County has approved $5,436 (per the 2009-10 budget approval). AGREEMENT This Agreement is made between the Office of the State Courts Administrator ("OSCA) and CourtSmart Digital Systems, Inc. (hereinafter referred to as the "Vendor"). The parties agree that: A. INTENT It is the intent of this Agreement to allow courts in Florida to purchase digital court recording systems specifically to acquire technology solutions for operating and managing the capture of court proceedings and hearings, and for the purpose of providing transcripts as mandated by Florida Statutes. The Agreement will include a pricing schedule that conforms to the Vendor's response to the OSCA's Invitation to Negotiate (ITN 08-002-CN), hereby incorporated as Attachment 3. The court reserves the right to determine purchase activity. B. CONTRACT PERIOD This contract period will begin on July 1, 2009 and will terminate on June 30, 2012. Upon mutual agreement, the OSCA and the Contractor may renew the contract. C. WARRANTY The Vendor agrees to warranty all installed equipment, components, software and systems for one year after the date of acceptance, unless a longer warranty period is specified by the Vendor. D. DELIVERABLES The Vendor will make products or services available to State Court System entities, as hereby incorporated via the following Attachments. All the Vendor's proposals have been accepted and approved by the OSCA: ATTACHMENT 1 — Invitation to Negotiate for Integrated Digital Court Recording Solutions (IDCRS); ATTACHMENT 2 — Vendor's IDCRS Solution including the proposal, support requirements including maintenance agreement of service plan, installation and training, and any supplemental negotiation materials; ATTACHMENT 3 — A pricing catalog consisting of analog and digital components, maintenance, installation and training; This Agreement will begin on the date of execution and terminate upon satisfactory completion of the services requirement under the Agreement. This Agreement constitutes the entire understanding of the parties. Any modifications to this Agreement must be in writing. Florida Supreme Court Office of the State Courts Administrator BY: -Flisabeth—P—G-o—o'drief; State Courts Administrator --71 1 , -7 C4 DATE: Offlice of!hc SOnte Courts Administrator Gffi'ce m ilia General Cuumwl APrR()VED AS'1'0 F" N CY BY Attorn,=- 7Z Date - Phone: 050) 922-5 t09 3 CourtSinart Digital Systems, Inc. 51 Middlesex S�req— North Ch- Ims ord M 'i �A\ 1863 BY: Anqre,.N,- Train'. I �, Rre� iideC DATE: utive Officer C p .�^. i^. m t= y O O Q N a a< N» S 9 S C C b = N^ O v O O m N Cr�D r- ["; r- ._ r r �o :e %D m O ndF f wa^ aaaaa . ai f > > a o O � no m:m :o �'3'3.3i� �; '° o m m 3 3 3 a 0 r << n o^ A o" g o re_ < y b b d. In - n' o$ o <- < b >> n o Er Q Z IM 0 0 c c c ova M$a am - - 0 O 9 z Z J ra. m b � b niglDlpDiAiDq q a A A� A o 0 0 0 o c a o .7 y i7iw NI71oi n` J W 7 M 7 N 7 d n N -•< m b fD -� b m b N OD < < VI 3 3 m 3 3 of m 3 A A d c A c A 1 I I I d N N N 9 << < (1 n 2 C C C 0 p 101 D a °a u i A It, g N W n A N W J r m m y p p O O ii l 1 1 1 A a( P 9 j D i I : b i m N N N N s� 3 " ds V n F 6 p nS? d g o a 3 0 r r O r N 0 r r r O O G C r o3 m to i.A A'to v v o G;a•. m = o O r "ov:0A.:Dp 7oi>;C -A*�p 33 vm 3�v� o o 7 O -. 9 to A 00 3 F^ a cr 3 S g N m d 3 $ 3 I j a n' < w g ^ n 1 � Y m q I -N'Z Z In n Z.Z I'mI O GiZ 2 2 2.:2 7 A 0 1 ID'o jo �r7 ao m I i O i n .nr A c npr w I O n A, A NI O O. N a' A � � s I o Y 3 i 1 O � I IL I 1, I T �IJ Ix fT A I p_ pp i I U o of o Ibl> DI u i d 1 I 7 g� N i � I m m E I 'o,o,o,o;o,o.o,o olo;�c o 0 A i I I l I N i o! 8' O O m'; O', O O•:O O'O:��O�C.O O OoIO AGENDA REQUEST ITEM NO. VI-G DATE: 11 /10/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( j QUASI -JD ( ) CONSENT ( X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Carl Holeva Human Resources Director SUBMITTED BY: Human Resources SUBJECT: Reclassification of Sustainability/Business Development Coordinator position to Energy and Water Manager. BACKGROUND: See attached memorandum. FUNDS AVAILABLE 001-19- 301-512000-100 Central Services PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of reclassification of the Sustainability/Business Development Coordinator to that of Energy and Water Manager. To move the salary funding for the reclassed Energy and Water Manager from Business Sustainability & Development to Central Services by budget amendment # BA10-005. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director ar .pl Budget Analyst Da Mclntrye k, W— a� Originating Dept. ( )�— Carl Holeva ERD () �A At Marie Gouin (Name) Human Resources MEMORANDUM TO: Board of County Commissioners FROM: Carl Holeva, Human Resources Director DATE: 11 /10/09 SUBJECT: Reclassification of Sustainability/Business Development Coordinator position to Energy and Water Manager. ITEM NO. VI-G Backaround: The Energy and Water manager is responsible and accountable for developing and implementing energy and water conservation plans, including management of related projects, for County facilities. The position is also responsible for tracking and assessing energy and water consumption in County facilities and training staff on energy and water conservation practices. The Energy and Water Manager will also coordinate the use of energy and water conservation tools and green technologies in County facilities. The work is performed under the general direction of the Central Services Director. The current Sustainability/Business Development Coordinator position is a pay grade 26. The Energy and Water Manager position will be a pay grade 22. Attachments: A. Sustainability/Business Development Coordinator Job Description (current). B. Energy and Water Manager Job Description (requested). C. Reclassification Request # RC10-003 D. Budget Amendment Request # BA10-005 Recommendation: Board approval of reclassification of the Sustainability/Business Development Coordinator to that of the Energy and Water Manager. To move the salary funding for the reclassed Energy and Water Manager from Business Sustainability & Development to Central Services-Admin by budget amendment #BA10-005. X JOB CODE 932 PAY GRADE 26 SALARY: $55,122.66 - $88,617.80 SUSTAINABILITYIBUSINESS DEVELOPMENT COORDINATOR MAJOR FUNCTIONS: The incumbent will provide the in-house leadership in establishing the new Office of Sustainability and Business Development. The position will coordinate and monitor county -wide economic development, tourism, cultural affairs activities, as well as green collar initiatives. This involves coordinating energy and green technologies with local l busignificant related financing, job growth incentives, marketing, museumprograms, development projects meeting the strategic objectives of the County. Duties also include providing assistance to business prospects and assisting businesses in permitting and regulatory processes. The Sustainability/Business Development Countrdinator is departme responsible otheagencfor ies and in establishing liaison and coordinating activities Y various commissions, councils, business groups, trade associations and civic organizations to promote business and economic growth in the area and ed under the'res genehal deection of the Courcise of nty le judgment, initiative and tact. Work is perform Administrator/Assistant County Administrators. KNOWLEDGE ABILITIES AND SKILLS NEEDED IN ORDERTO PpEaRFORM ctices d Ee hSgNTIAL JOB FUNCTIONS: Considerable knowledge of the principals, ues of economic development, redevelopment, tourism, cultural affairs, marketing and financing methods available for economic growth and atjob thegocal,hregionalrstate'and naof tional levels Ss development requirements, and economies municate clearly and concisely, orally and in writing, l needed. Must have ability to comcommissions, lationships with employees, re businesses and the public as necessitated by the work evolved other anrd be able to prepare and maintain detailed reports and records. ESSENTIAL JOB FUNCTIONS: Assist with county -wide stain'lity staffnitiativesto c tezen rgy conservation and climate protection program development; s as advisory committees on matters of sfo'ro 'tCunty employees and c with �zens and provide en initiatives to include outreach and education support as requested. Coordinate with measuocal pesate and public and awareness; outreach anddeploy economic conservation and green technologies deployment and "waste to outreach and deployment of green businesses, alternative energy wealth" initiatives. Participate in strategic discussionsland assist in and ing and l review ew ementinot critical policies related to long term sustainab y Coordinate the facilitation ongoing and future economic development orredevelopment development economhc growth in and public/private financing programs to continuePme t County. Develops and manages databases to supportosuusiness ort businessPrecruitment expansion ncluding recruitment efforts. Develop marketing materials PP tincluding to industrial, commercial, residential and retail developments. Completes grant applications facilitate projects for a variety of state, federal and local incentive programs. Initiates new 1 business development programs including financing programs, incubators, technical assistance and others as needed to promote economic growth and job creation. Assists in developing and implementing strategies related to community sustainability issues such as climate change (mitigation and adaptation), local food supply, and sustainable economic development. Follows up on Commission actions related to economic development. Present proposed programs and projects to business community groups and agencies. Exchanges information to encourage cooperation and efficiency of the development process. Tracks business movement into and out of the County. Supervise division staff and perform other duties as requested or assigned. WORK HAZARDS: Use of computer equipment monitors which may have an effect on vision. ENVIRONMENTAL PHYSICAL SKILLS: Use of both hands and fingers with dexterity. Occasional walking and standing. Must have good command of the English language and be able to hear normal telephone conversations. EDUCATION: A four year degree in Business Administration, Public Administration, Economics, Finance, Planning, or related field, from an accredited college or university. EXPERIENCE: At least four (4) years of progressively responsible public and/or private sector experience in the economic development and/or tourism industry and supervisory experience in the administration, management and implementation of economic development, tourism, green collar, alternative energy initiatives; or any equivalent combination of related training and experience. Familiar with permitting and development review processes. LICENSE, CERTIFICATION, OR REGISTRATION: A valid Florida driver's license is required, with a clean driving record. Union Non -Union —Exempt Non -Exempt Created 6/29/2009 .' Energy and Water Manager JOB CODE: PAY GRADE: 22 SALARY: $44,883.71 - $68,759.90 MAJOR FUNCTION: Responsibility and accountability in dets ,veloping and implementing energy and water conservation plan, including management a naCountntof facilities eandr train ng staff onfor tenergy andTracking and water conservation energy and water consumption Y practices. Coordinating use of energy and water conservation tools and green technologies in County facilities. KNOWLEDGE, ABILITIES, AND SKILLS NEEDED IN ORDER TO PERFORM THE ESSENTIAL JOB FUNCTIONS: Knowledge: Knowledge of the methods and practices used to develop and implement County energy and water conservation plan. Must possess the skills necessary to perform energy and water use audits, analyze energy and water utilization and implement energy and water conservation plan accordingly. Knowledge of green building technologies. Knowledge of various forms of performance contracting approaches. Abilities: Ability to evaluate efficacy and feasibility of of green technologies, including but not limited to Energy Management Systems, HVAC, lighting, solar and alternative energy technologies and water conservation. Ability to project, evaluate and verify cost savings and payback for proposed or implemented projects and technologies. Ability to manage and oversee energy and water conservation projects for new and existing construction. Ability to make well -organized professional presentations. ESSENTIAL JOB FUNCTIONS: Major role in developing, executing and evaluating effectiveness of energy and water conservation •plan for County facilities. Assumes accountability for program performance. • Accurately documents, reports and maintains all data and material as it pertains to energy conservation management. Performs energy and water audits and analyzes data to establish baseline and track energy and •water use for County facilities. • Evaluate energy and water conservation proposals and technologies and make recommendations regarding implementation. Plan and oversee energy conservation projects, including review and recommendations for plans for •new facilities and/or renovation of existing facilities. • Should be familiar with computerized energy management systems and the parameters required to maintain proper indoor environment using such a system. • Identify and obtain all available rebates and incentives related to energy and water conservation projects and technologies. Knowledge and experience with grant opportunities on Federal and State levels. Assists with grant •application process and subsequent documentation to maintain compliance as outlined in grant guidelines. Evaluate funding approaches for energy and water conservation proposals, including performance management contracts, shared savings contracts, power partnership agreements and similar proposals. Responsible for presentations for Board of County Commissioners, staff and the general public on County's energy and water conservation plan, use of green technologies and related topics. Develop and implement programs to educate, promote and motivate staff to take an active role in energy and water use reduction. Serve as staff liaison on energy and water conservation and green technologies to Board advisory committees and others. 1 ESSENTIAL PHYSICAL SKILLS: Ability to lift 50 pounds. Use of hands and fingers with dexterity. Very frequent use of good near and distance vision and hearing with or without correction. Frequent walking, squatting and standing. ENVIRONMENTAL CONDITION REQUIREMENTS: Work inside and outside office. Potential to work in hot, dusty conditions and dangerous work around moving machinery. WORK HAZARDS: Use of computer equipment, which may have an effect on vision. Subjected to outside elements such as high/low temperatures, wind and sun and indoor areas with electrical, dust, and other potential hazards. Potential to work in areas with volatile solutions. SAFETY EQUIPMENT USED OR NEEDED: Eye and ear protection. Protective clothing. EDUCATION: Bachelor's degree in engineering, architecture, building construction, utilities or related field. EXPERIENCE: Three years experience in operation of an energy management program. A comparable amount of education, training or experience may be substituted for the minimum qualifications. LICENSE, CERTIFICATION OR REGISTRATION: Valid Florida Drivers license is required. Good driving record. Certification as a Professional Engineer or in LEED, USGB or similar programs preferred. Union Non -Union x Exempt x Non -Exempt ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS POSITION RECLASSIFICATION FOR FISCAL YEAR 2009-2010 DEPARTMENT: Administration Central Services I X YES NO REVISED DIVISION: N/A APPROVED X YES NO I REVISED Y CURRENTLY RE U E S Q BUDGET IMPACT POSITION TITI Sustainability Coord Ener &Water Mgr Energy . � 'V, JOB CODE: 932 4 6715, PAY GRADE: 26 22 PAY SCALE: $55,122.66-$88,617.80 $44,883.71-$68,759.90 r ," �. SALARY: $55,123 $44,884 410, BENEFITS: $34,318 $31,898-$2,419 TOTAL BUDG $89,440 $76,782 $ ,6 V. The position of Economic Sustainability Coordinator was approved by the Board on 6/23/09. The position was never filled and monies set aside in the budget for Economic Sustainability Coordinator will be used to fund the Energy and Water Manager. The Energy and Water Manager will report to Central Services under the direction of the Central Services Director. IRECLASS REQ#RC10-003 ACCOUNT#: 001.19-301-512000-100 BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: HUMAN RESOURCES PREPARED DATE: 11/2/2009 AGENDA DATE: 11/10/2009 TO: 001-1931-512000-100 001-1931-521000-100 001-1931-521100-100 001-1931-522000-100 001-1931-523000-100 001-1931-523050-100 001-1931-523100-100 001-1931-524000-100 001-1931-525000-100 FROM: 001-1515-512000-100 001-1515-521000-100 001-1515-521100-100 001-1515-522000-100 001-1515-523000-100 001-1515-523050-100 001-1515-523100-100 001-1515-524000-100 001-1515-525000-100 Salaries $44,309 FICA $2,747 FICA Mandatory $642 Retirement $4,470 Group Insurance $10,887 Group Health -Administrative Fee $272 Life Insurance $181 Worker's Compensation $536 Unemployment Compensation $146 FICA $2,747 FICA Mandatory $642 Retirement $4,470 Group Insurance $10,887 Group Health -Administrative Fee $272 Life Insurance $181 Worker's Compensation $536 Unemployment Compensation $146 REASON FOR BUDGET AMENDMENT: To move the salary funding for the reclassed Ene Water Manager from Business Sustainability & Development to Central Services - Ac THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: n/a n/a BA10-005 CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ,,A Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Bid No. 09-066, Purchase of Pesticides, Herbicides and Fertilizers BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Various department operating budgets. PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to award Bid No. 09-066, Purchase of Pesticides, Herbicides and Fertilizers, to the lowest responsive and responsible bidders for the primary, secondary and alternate bid per the attached spreadsheet and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: (�) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB County Attorney ( X) Budget Analyst ( ) Dan McIntyre Purchasing (X ) ' C. , Desiree Cimino Purchasing ( X ) Melissa Simberlund TO: Board of County Commissioners FROM: Marie M. Gouin, Director m DATE: November 10, 2009 SUBJECT: Bid No. 09-066, Purchase of Pesticides, Herbicides and Fertilizers ITEM NO. VI-H1 Background: On August 19, 2009, submittals to Bid No. 09-066 for the purchase of pesticides, herbicides and fertilizers were opened. Twelve submittals were received; 95 companies were notified and 18 documents were distributed. Staff recommends awarding to the lowest responsive, responsible bidders for the primary, secondary and alternate bid per the attached spreadsheet (Attachment 1). Bid No. 09-066 was bid in accordance with Local Preference Ordinance No. 09-005. The purpose of this bid is to establish a contract, by means of sealed bids, for the purchase of a variety of pesticides, herbicides and fertilizer for use by various County departments. Recommendation: Board approval to award Bid No. 09-066, Purchase of Pesticides, Herbicides and Fertilizers, to the lowest responsive and responsible bidders for the primary, secondary and alternate bid per the attached spreadsheet and authorization for the Chair to sign documents as approved by the County Attorney. 6 C N ❑ v 2 o R m u ° Q LL O j m m o m mLL - C Q n r m Li d E w m u� E E m m E N m cq ❑ ti o tL O LL 0 F- t 3 — fD O N co 'Dco .l+? D N lL _ O. v h W O L -c'. V m U U N L O U M m _ o m roi m H C Cl m� co M O O O of U m vi O O N O N O G 3 N m C o C d} 0 yy O cH (n O` Z a Q _ O c m h 64 O m N O m S S S 'Q. � w =CL m = = N =� _ p (ci u, VY N (D f33 Ni M 1; n ly% O C u+ t Z h U fl. C J a Q Q ^ O g O m m m n E °- m C Q N c o ti ti o- L v 7 0 3 m a -=a o m LL. C UL N m m IL N w t V .O 'O �. M — 7 L O U i0 'O N-2 U-W N +[! O - (q p O co l0 Q 7 D. 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ATTACHMENT 1 (Page 10 of 10) O TO: SUBMITTED BY: SUBJECT: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Office of Management & Budget/Purchasing ITEM NO. VI-1-12 DATE: 11 /10/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X) PRESENTED BY: Marie M. Gouin Mk Director Bid No. 09-069, Manufacture and Deliver Precast Concrete Building at MLK/Dreamland Park BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 316-7210-562000-7697 — Parks Capital 001-7210-562000-7697 — Parks Capital PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to award Bid No. 09-069, Manufacture and Deliver Precast Concrete Building at MLK/Dreamland Park, to Concrete Modular Systems, Incorporated, in the amount of $110,428.51 and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5.0 Coordination/Signatures County Attorney ( X ) �—1 Dan McIntyre Purchasing (X) Desiree Cimino CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Budget Analyst ( X ) Parks & Recreation ( X ) /-IV Robert O'Sullivan Debra Brisson J IL Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director 1�4 DATE: November 10, 2009 SUBJECT: Bid No. 09-069, Manufacture and Deliver Precast Concrete Building at MLK/Dreamland Park ITEM NO. VI-H2 Background: On September 9, 2009, submittals to Bid No. 09-069 for the manufacture and delivery of a precast concrete building at MLK/Dreamland Park were opened. Two submittals were received; 170 companies were notified and 20 documents were distributed. The second submittal was deemed non -responsive due to the floor plans that were submitted proposed to construct a building with a slope roof in place of the gable roof that was specified. Bid No. 09- 069 was bid in accordance with Economic Stimulus Ordinance 09-008. There were no local vendors who responded to this bid, due to the fact that there are no vendors in the St. Lucie County area that manufacture this type of building. Parks and Recreation will prepare separate request for quotation for the site work and utility services for this building that will include the requirements for local labor, local material suppliers, local subcontractors and local preference. The purpose of this Bid is to establish a contract, by means of sealed bids, for manufacture and delivery of a precast concrete building at MLK/Dreamland Park. Recommendation: Board approval to award Bid No. 09-069, Manufacture and Deliver Precast Concrete Building at MLK/Dreamland Park, to Concrete Modular Systems, Incorporated, in the amount of $110,428.51 and authorization for the Chair to sign documents as approved by the County Attorney. M BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT TABULATION SHEET - BID #09-069 ECONOMIC STIMULUS OPENED: SEPTEMBER 09, 2009 AT 2:00 AM MANUFACTURE & DELIVER PRECAST CONCRETE BUILDING @ MLK DREAMLAND PARK TWO (2) submittals were received for subject proposal: Total Bid Price Economic Stimulus PRECAST Local Preference: No 0% rial Street, Leesburg, FL 347458 ria ff $ 89,047.00 Local Labor: Local Supplier: 0% 97 Local Subcontractors: D% 787-9696 CONCRETE MODULAR SYSTEMS INC. Local Preference: No P.O. Box 531573,3t. Petersburg, FL 33147 $ 110,42#Z1 Local Labor: 0% ocal Supplier: 0% Tel: 727-945-1864 ocal Subcontractors: 75% Fax: 727-945-9756 Number of companies notified*: 170 Number of bid documents distributed*: 20 Number of bids received: 2 *per demandstar.com CHRIS D7ADOVSKY, District No.t ♦ DOUG COWARD, District No.2 • PAULA A. LEWIS, District No. 3 ♦ CHARLES GRANDE, District No. 4 ♦ CHRIS CRAFT, District No. 5 County Administrator - FAYE W. OUTLAW, MPA 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 -TOO (772) 462-1428 Website: WWW.co.st-4ucie.8.us ATTACHMENT 1 ITEM NO. VI-1-13 DATE: 11/10/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT M TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin l 1 SUBMITTED BY: Office of Management & Budget/Purchasing Director Y' SUBJECT: Approval of Budget Amendment #BA09-045 and Resolution 09-312 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Various funds (see attached) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Budget Amendment No. BA09-045 and Resolution 09-312 to cover fiscal year 2009 insufficient accounts and to recognize revenue from FEMA and the State for tropical storm related expenses. COMMISSION ACTION: (7y APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( X) Budget Manager Dan McIntyre Originating Dept. ( ) (Name) (X ) Jennifer Hill ERD ( ) (Name) Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director 10 DATE: November 10, 2009 SUBJECT: Approval of Budget Amendment No. BA09-045 and Resolution 09-312 ITEM NO. VI-H4 Background: BA09-045 includes $35,561 in transfers to cover fiscal year 2009 insufficient accounts. As a result of the damages caused by Tropical Storm Fay, the Federal Emergency Management Agency (FEMA) agreed to fund eligible hurricane damage expenses. Resolution 09-312 establishes the fiscal year 2009 budget for reimbursement related to several FEMA projects totaling $431,681. These FY 09 budget transactions were posted to the accounting system early in order to facilitate closing the books in a timely manner. Previous Action: September 18, 2008 - The Board held a Public Hearing and adopted the FY09 budget. Recommendation: Board approval of Budget Amendment No. BA09-045 and Resolution 09-312 to cover fiscal year 2009 insufficient accounts and to recognize revenue from FEMA and the State for tropical storm related expenses. �.r BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: OMB PREPARED DATE: 10/3012009 AGENDA DATE: 11/10/2009 ACCOUNT NUMBER ACCOUNT NAME AMOUNT' TO: 001-1930-546300-F0002C Grounds Maintenance $7,550 001-1930-546300-FG008C Grounds Maintenance $4,080 001 -1 930-546300-FG01 5C Grounds Maintenance $8,900 001-5310-512000-500 Salaries $4,174 107-1940-543000-100 Utilities $10,857 FROM: 001 9910-599305-800 Funding Reserves pzu,uou 001-9910-599300-800 Reserves $4,174 107-9910-599300-800 Reserves $10,857 REASON FOR BUDGET AMENDMENT: To cover insufficient accounts. CONTINGENCY BALANCE: n/a THIS AMENDMENT: n/a REMAINING BALANCE: n/a DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: 09-045 RESOLUTION NO. 09-312 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 have become available through the Federal Emergency Management Agency. 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 10th day of November, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2008-2009, and the County's budget is hereby amended as follows: 001 1350 331232 19014 Emergency Management $873 001 1930 334202 19014 Dept of Community Affairs -Pub Sfty $355 001 1930 331232 19014 Emergency Management $45,129 001 1929 334202 19014 Dept of Community Affairs -Pub Sfty $41 001 1929 331232 19014 Emergency Management $241 101 4115 334202 19014 Dept of Community Affairs -Pub Sfty $496 101 4115 331232 19014 Emergency Management $3,164 101002 4110 331232 19014 Emergency Management $21,049 101002 4110 334202 19014 Dept of Community Affairs -Pub Sfty $3,278 101003 4108 334202 19014 Dept of Community Affairs -Pub Sfty $9,194 101003 4108 331232 19014 Emergency Management $57,876 451 3510 331232 19014 Emergency Management $2,777 451 3510 334202 19014 Dept of Community Affairs -Pub Sfty $463 461 75201 331232 19014 Emergency Management $26,531 461 75201 334202 19014 Dept of Community Affairs -Pub Sfty $4,404 471 3602 331232 19014 Emergency Management $5,411 471 3602 334202 19014 Dept of Community Affairs -Pub Sfty $902 471 3601 334202 19014 Dept of Community Affairs -Pub Sfty $1,051 471 3601 331232 19014 Emergency Management $6,303 471 3600 331232 19014 Emergency Management $2,799 471 3600 334202 19014 Dept of Community Affairs -Pub Sfty $467 101 4115 331232 19014E Emergency Management $204,752 101 4115 334202 19014E Dept of Community Affairs -Pub Sfty $34,125 TOTAL $431,681 APPROPRIATIONS 001 1350 523000 19014 Group Insurance $873 001 1930 546100 19014 Building Maintenance $45,484 001 1929 523000 19014 Group Insurance $282 101 4115 563009 19014 Infrastructure -Soil Testing $3,660 101002 4110 544100 19014 Equipment Rental $24,327 101003 4108 534000 19014 Other Contractual Services $67,070 451 3510 546240 19014 Maintenance -Utilities Fieldwork $3,240 461 75201 546300 19014 Grounds Maintenance $30,935 471 3602 546240 19014 Maintenance -Utilities Fieldwork $6,313 471 3601 546240 19014 Maintenance -Utilities Fieldwork $7,354 471 3600 546240 19014 Maintenance -Utilities Fieldwork $3,266 101 4115 563000 19014E Infrastructure $238,877 $431,681 TOTAL 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 10T" DAY OF NOVEMBER, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ITEM NO. VI -I C6UNTY F L 0 R I a A AGENDA REQUEST DATE: 11/10/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: lAe Mark Satterlee, AIC SUBMITTED BY: Growth Management Department Director SUBJECT: Fee Schedule for Community Renewal Act Extensions BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: October 27, 2009, Informal Board Meeting presentation RECOMMENDATION: Board adoption of Resolution No. 09-313 setting fees for processing statutory extensions provided by the Community Renewal Act as outlined in the attached memorandum. COMMISSION ACTION: (yCj APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Si natures County Attorney ( ) ,` Building Official ( ) Daniel S. McIntyre CI s LeV, ge County Engineer ( ) Michael Powley -7z4x1-J1111,A- Originating Dept. ( ) r atter ee ERD ( ) Karen Smith c6"uNTY F L O R I D A - Growth Management Department TO: Board of County Commissioners FROM: Mark Satterlee, AICP Growth Management Urector DATE: November 10, 2009 SUBJECT: Community Renewal Act Extension Fees ITEM NO. VI-1 Background: MEMORANDUM On June 1, 2009, Florida Governor Charlie Crist signed into law, Chapter 2009-96, Laws of Florida, more commonly known as the "Community Renewal Act' (the "Act"). The Act provides that in recognition of the 2009 real estate market conditions, any local government issued development order or permit that has an expiration date of September 1, 2008 through January 1, 2012, may be eligible to be extended and renewed for a period of two (2) years following its date of expiration. St Lucie County staff has formed a working group to review the Act and make recommendations on implementation. The Senate Bill 360 Working Group has recommended procedures for implementing the above referenced extensions provided by the Act, including a fee for processing the request. The Board of County Commissioners must approve all fees charged by the County. Staff recommends that the statutory extensions be handled administratively. Applications found to be substantially compliant with the conditions of approval will have a Growth Management Order prepared memorializing the extension. The extended project is then entered into the GM and/or Building Permit database for further tracking and monitoring. The recorded GM order will be forwarded to the applicant. To date, seventeen requests for development order extensions have been received of the estimated 60 projects potentially eligible whose expiration date falls within the statutory window. The Building Division estimates that there are approximately 750 building permits that may be eligible, although no requests have yet been received. Staff has conducted a preliminary analysis of the conditions of approval for each request and created a tracking matrix. To date, one request for extension has been denied due to falling outside the statutory window. In addition, one request has been determined to be in significant noncompliance with the conditions of approval and that has been established through the issuance of a letter. Staff has provided a response letter to the other requests acknowledging receipt of the request and stating that the County will follow-up when an extension policy has been set. Upon setting of the fee, staff will contact those requesting the extension and notify them of the procedure and fee. x Community Renewal Act Extensions Item No. VI -I November 10, 2009 Page 2 Previous Action At the October 27, 2009 Informal Meeting, staff presented a draft procedure for processing development order extension requests made via the Community Renewal Act. After a brief discussion, the Board reached consensus on moving forward with the extension policy as proposed, including the fees. Recommendation Board adoption of Resolution 09-313 setting fees for processing statutory extensions provided by the Community Renewal Act. RESOLUTION NO. 09-313 COMMUNITY RENEWAL ACT - FEE SCHEDULE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On June 1, 2009, Florida Governor Charlie Crist signed into law, Chapter 2009- 96, Laws of Florida, more commonly known as the "Community Renewal Act" (the "Act"). 2. The Act provides that in recognition of the 2009 real estate market conditions, any local government issued development order or permit that has an expiration date of September 1, 2008 through January 1, 2012, may be eligible to be extended and renewed for a period of two (2) years following its date of expiration. 3. The Act further provides that the request for statutory extension must be timely made in writing by December 31, 2009: identify the specific authorization for which the extension is requested, the intended use of the extension and the anticipated time frame for acting on the authorization. 4. Further, pursuant to the Act, the request for statutory extension must be reviewed by Growth Management staff and found not to be in significant noncompliance with the original St. Lucie County development order granting approval. 5. This Board has joined with other local governments to file suit challenging the constitutionality of the Act. The suit is currently pending in the circuit court for Leon County. 6. It is necessary to establish a fee to offset the cost of processing the extension requests. 7. The amounts of the fees established below were established based on testimony from the County's Growth Management Director and Code Compliance Manager. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The following fee schedule shall apply for processing of requests for extensions under the Act: - County Issued Developer Orders (site plan approvals, PUD approvals, plat approvals) $500.00 Building Permits $ 75.00 2. This Resolution shall be effective on the same day the Act became effective. After motion and second, the vote on this Resolution was as follows: Paula A. Lewis, Chair XXX Charles Grande, Vice Chair XXX Chris Dzadovsky XXX Doug Coward XXX Chris Craft XXX PASSED AND DULY ADOPTED this day of ATTEST: Deputy Clerk rm BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney AGENDA REQUEST ITEM NO. DATE: REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Mosquito Control James R. David Director SUBJECT: Acceptance of grant from St. Johns River Water Management District (SJRWMD) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 145-6230-531000-600 Professional Services 145832-6230-599300-600 Reserves — SFWMD IRL License Plate Grant 2009 PREVIOUS ACTION: March 10, 2009 — BOCC approval of grant application RECOMMENDATION: Board acceptance of the SJRWMD grant, and authorization for Chair to execute the agreement, as approved by the County Attorney. COMMISSION ACTION: (� APPROVED ( ) DENIED ( ) OTHER Approved 5.0 County Attorney 4xi"' CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB/Purchasing Director Budget Analyst Daniel S. McIntyre Originating Dept. ( JarAes R. David Other M 4a4rieo�uin Tawonna Johnson Mosquito Control MEMORANDUM TO: Board of County Commissioners FROM: James R. David, Mosquito Control Director Mosquito Control DATE: November 10, 2009 SUBJECT: Acceptance of grant from St. Johns River Water Management District (SJRWMD) ITEM NO. VI — J Background: SJRWMD has awarded a grant in the amount of $40,000 to St. Lucie County for restoration activities on Spoil Island SL-3 and Queen's Island Park. Those activities include removal of exotic plants, planting of native plants, reconnection of a small wetland on the island and watering maintenance of the plants. The local match is derived from the Indian River Lagoon License Plate Grant ($35,185), contractual services which the Mosquito Control District used to get the permits and which are needed for bid scope development ($25,465), monitoring and permit compliance ($8,650), and in -kind logistical support ($700). Previous Action March 10, 2009 — BOCC approval of grant application Recommendation Board acceptance of the SJRWMD grant, and authorization for Chair to execute the agreement, as approved by the County Attorney. Source: Microsoft@ Streets and Trips; Copyright@ 2005 Vera 603 60 605 Lake% " 0 R 1 0 PAI A i I a n j I c. 0 c e a " IWO A, I� IT St. Lucie L Avalon State Park SITE AIA 01 O. Rd % Ocean tud \es Or soy Huber Or Julian Or 6 VWCOX Rd 1 Section 09, Township 34 South, Range 40 East =/� Kimley-Hom LOCATION MAP and Associates, Inc. xopyright 2008 Kimley-Horn and Associates, Inc. SI-3 SPOIL ISLAND RESTORATION 601 2151 Street,, site 300 ST. LUCIE COUNTY, FLORIDA Vero Beach, FL 32960 Phone: 772-562-7981 Fax: 772-562-9689 NTS — wvvw.kimley-horn.com I -OJECTNO 041402000 OCT, 2008 FIGURE Native Re -planting Areas - Queens Island Park Queens Island Park Native Re -planting Areas 0.57 Acres 7.67 Acres 11.77 Acres M c NTY F L O R I D A - AGENDA REQUEST ITEM NO. VI-K1 DATE: 11/10/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY Jessica Parrish SUBMITTED BY: Community Services/Housing Division Housing Man ger SUBJECT: Award of Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Housing Rehabilitation/Replacement Bids BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001184-6420-549605-600 CDBG DRI 2005 001113-6420-549605-600 CDBG Supplemental Disaster Recovery 001113-6420-549610-600 CDBG Supplemental Disaster Recovery PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of bid awards for four rehabilitation and five replacement housing projects under the St. Lucie County CDBG DRI Grants, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (� APPROVED ( ) DENIED ( ) OTHER _ Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Slanatures County Attorney ( ) Originating Dept. ( ) Daniel S. McIntyre A:T� Beth Ryder OMB Director ( ) Budget Analyst Marlb Gouin Sophia Holt my rotI NTy F L O R I D A TO: Board of County Commissioners THROUGH: Beth Ryder, Director �4- FROM: DATE: SUBJECT: Jessica Parrish, Housing Manager November 10, 2009 Community Services MEMORANDUM Award of Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Housing Rehabilitation/Replacement Bids ITEM NO. VI — K1 Backaround: The CDBG DRI Grant is a federal program that provides funding for low-income residents located in communities that have been impacted by a natural disaster. Congress has appropriated additional funding for the CDBG program in the form of Disaster Recovery grants to assist with recovery. In order to decrease the potential for change orders the following procedure from the Housing Assistance Plan was used. A cost estimate was prepared for each bid and bids falling 15 percent (15%) below or above the cost estimate were rejected. An Invitation for Bid (IFB) was advertised on September 13, 2009. On September 29, 2009, a mandatory project review with contractors was completed. October 13, 2009, bids were evaluated in compliance with the approved Housing Assistance Plan. Staff is recommending award to the following contractors: • IFB 14 (Rehabilitation) to Gentile, LLC located in West Palm Beach, for $42,155. • IFB 24 (Replacement) to JJ Design & Construction located in Palm Bay, for $86,700. • IFB 25 (Replacement) to Clean Cuts, LLC located in Arcadia, for $81,400. • IFB 26 (Replacement) to Clean Cuts, LLC located in Arcadia, for $85,600. IFB 23 will be awarded at a later date. Staff is currently working with the City of Fort Pierce to determine the historical significance of this client's home. An Invitation for Bid (IFB) was advertised on September 27, 2009. On October 6, 2009, a second mandatory project review with contractors was completed. October 20, 2009, bids were evaluated in compliance with the approved Housing Assistance Plan. Staff is recommending award to the following contractors: • IFB 27 (Rehabilitation) to Gentile, LLC located in West Palm Beach, for $31,190. • IFB 28 (Rehabilitation) to Hartnett Building Group located in Fort Pierce, for $37,291. • IFB 29 (Rehabilitation) to Hartnett Building Group located in Fort Pierce, for $42,504. Agenda Item K-1 Page 2 • IFB 30 (Replacement) to S & V American Contractors, Inc. located in Port St. Lucie, for $82,450. • IFB 31 (Replacement) to Carmel Capital located in Windermere, for $82,045. All the above bids have incorporated green, energy efficient products, such as Energy Star appliances, solar hot water heaters, low flow faucets and Low-E impact windows. Recommendation Board approval of bid awards for four rehabilitation and five replacement housing projects under the St. Lucie County CDBG DRI Grants, and authorization for the Chair to sign documents as approved by the County Attorney. Attachment: Bid Tabulation Housing Assistance Plan $ � $ 8 $ $ 8 8 8 g$ • a e$ e� tanN 3 {oy N 8 e�p M 8 ye�� N g �F�p N 8 oe$ N g g M g yet 8Ll N $ fop M 8 (a8y M sA8 M 8 _� 8 � g g g ' • C*A gi tz 04 cli CD fo c co R a V- t; .,+, 4 G! ^q4 ' t IJL C; cv) CM Community Development Block Grant Housing Assistance Plan for ST. LUCIE COUNTY St. Lucie County Page rr_.._:.. _• __._. __ nt__ 1. INTRODUCTION 3 11 HOUSING REHABILITATION OBJECTIVES AND POLICIES 3 A. Objectives 3 B. Rehabilitation Policies 4 C. Identification of Units 4 D. Removal of Units from Program 5 III. CONFLICT OF INTEREST 5 IV. HOUSING REHABILITATION FINANCING 6 A. Deferred Payment Loans (DPL) 6 B. Scope of Rehabilitation Assistance 7 V. QUALIFICATIONS 8 A. General 8 B. Household Income 9 VI. STRUCTURAL REQUIREMENTS 9 A. General 9 B. Structural Integrity 9 C. Cost Feasibility 10 VII. PROCEDURES 10 A. Application and Inspection 10 B. Bidding 11 C. Contracting and Rehabilitation 12 D. Inspections 12 E. Change Orders 12 F. Payment 13 G. Disputes and Contract Termination 14 H. Follow -Up 14 VIII. CLEARANCE/PERMANENT RELOCATION/DEMOLITION RELOCATION 15 A. General 15 B. Clearance 15 C. Permanent Relocation/Demolition Relocation 15 D. Differences 15 LAC CONTRACTOR LISTING 16 A. Recruiting 16 B. Contractor Eligibility 17 C. Disqualification 18 A7 APPEALS/COMPLAINTS 19 XII. PROGRAM INCOME 20 St. Lucie County Page 2 I. INTRODUCTION This manual is a guide for operating the housing rehabilitation related aspects of the St. Lucie County Community Development Block Grant (CDBG) program. The responsibilities of St. Lucie County, the homeowner, and construction contractor are specifically addressed in this manual. The major focus of this manual is on housing rehabilitation, and replacement of dwellings. Relocation of households is also covered to a limited extent. The Anti -displacement Policy should be consulted if displacement or permanent relocation becomes necessary. The goal for the CDBG program is to rehabilitate substandard units located in St. Lucie County and to bring them up to a minimum acceptable living standard. This standard is the HUD Section 8 Minimum Housing Quality Standard and the Florida Building Code. This goal will be achieved through the use of CDBG funds to contract for the required rehabilitation construction. The rehabilitation units to be assisted shall be owner -occupied. II. HOUSING REHABILITATION OBJECTIVES AND POLICIES A. Objectives The objectives of the St. Lucie County Housing Rehabilitation Program are; 1. To encourage the revitalization of very low to low -to -moderate income neighborhoods through a Housing Rehabilitation Deferred Payment Loan (DPL) Program. 2. To remove unhealthy or hazardous conditions in low -to -moderate income households. 3. To use Community Development Block Grant rehabilitation grant funds as a catalyst to encourage residents of low -to -moderate income neighborhoods to improve their community. 4. To preserve existing housing stock and to replace substandard housing. 5. To enable low -to -moderate income families to rehabilitate their homes by providing financial and technical assistance to those unable to obtain private financing. 6. To reduce utility costs and to improve the comfort of very low to low -to -moderate income families through weatherization aspects of rehabilitation. 7. To improve the property tax base in low -to -moderate income neighborhoods. 8. To increase employment and training opportunities for local residents and minority persons through the provision of funds for the rehabilitation of homes. 9. To make homes accessible to elderly/handicapped occupants as may be required by code, accessibility requirements, and as good judgment may dictate. 10. To minimize impact of program participation on recipients and to limit direct costs encountered because of program participation. St. Lucie County Page 3 B. Rehabilitation Policies It is the policy of the St. Lucie County Rehabilitation Program to: 1. Assure that the program is administered in strict conformance with the community development and rehabilitation rules and all applicable local, state and federal requirements (including equal opportunity, conflict of interest, etc.) 2. Treat all participating property owners, residents, and contractors fairly, with sensitivity and respect for their needs, and in accordance with program rules. 3. Provide all program participants any reasonable assistance necessary to cant' out the objectives of the program, bearing in mind: 1) that property owners hold the primary responsibility for maintaining their Properly and personal finances; 2) that contractors are primarily responsible for the quality of their work and their obligations to suppliers, creditors, subcontractors, and employees; and 3) that any assistance provided must be authorized at the proper level. 4. Assure that no member of the Congress of the United States, the Citizen Advisory Task Force, or the St. Lucie County Board of County Commissioners shall share in proceeds or benefits of CDBG funded rehabilitation work. 5. Allow some flexibility in administering the program in order to meet the program's goals and objectives of rehabilitating each addressed dwelling to attain HUD Section 8 Minimum Housing Quality Standards and the Florida Building Code. The St. Lucie County Board of County Commissioners may waive program rules only when the result will be consistent with established goals and objectives and applicable federal, state, or local regulations. 6. Housing rehabilitation will be the first priority, with housing replacement units being addressed when program funds are available. C. Identification of Units Housing Rehabilitation will take place only on units approved by St. Lucie County and in accordance with grant requirements established by the State of Florida. Alternate units may be provided to replace any primary units that may become ineligible. St. Lucie County will solicit applications either from other housing assistance providers that have knowledge of need within St. Lucie County, by placing notices in public areas throughout St. Lucie County and/or by advertising in publicly circulated publications. St. Lucie County will review applications received using the following selection criteria 1. A former recipient cannot be assisted for tenyears and, in any event, will not be served again until all other eligible recipients have received assistance. 2. Number of persons in the family and the family income. 3. Type of construction (i.e., block, manufactured home, wood frame, etc.), state of deterioration of the residence, and estimated cost to rehabilitate as compared to 1) average residence cost calculated in the application and 2) the value of the residence after rehabilitation. . St. Lucie County Page 4 4. Location of the residence with reference to defined areas, i.e., floodplain, zoning, incompatible use, etc. 5. Compatibility (consistency) of the proposed residence rehabilitation with the local comprehensive plan and/or land development regulations. 6. Recipient current on payments to the local government and mortgage/lien holders. 7. Recipients' willingness to maintain reasonable standard of care and maintenance to protect and enhance the investment by meeting local nuisance, trash, and other environmental or health codes. 8. Recipient must have clear title to the property. 9. The applicant shall indicate on the application form whether to his/her knowledge the structure is older than 50 years old. If he/she answers yes or if other evidence suggests the structure is more than 50 years old, St. Lucie County must notify the State Bureau of Historic Preservation and receive written approval for the rehabilitation. Property appraiser, tax records, or other government agencies records will be researched to verify the age of the structure. 11. This program will not assist in the rehabilitation or replacement of rental housing structures. D. Approval of Ranking, and Removal of Units from the Program Housing staff shall review and rank the applications based on the criteria attached as Appendix A. This ranking shall be reviewed and approved by the Citizen Advisory Task Force, and their recommendation to the local governing body for their approval. The application process will have a noticed cut off date for the receipt of applications. Applications received after that date shall be considered on a first come, first served basis after the primary list of applicants has been considered. Housing staff may remove a housing unit from the program for a change in household income, approved selection criteria, or for not complying with the minimum qualification procedures. If it is determined that it is necessary to remove an applicant from the program, a certified letter will be sent to the applicant stating the reasons for the removal. The applicant will have the right to appeal the decision as identified in the Citizen Participation Plan. III. CONFLICT OF INTEREST Although addressed in other places in this Policy, adherence to rules and regulations on this matter is mandatory. All applicants that may have a business or familial relationship with a member of the St. Lucie County Board of County Commissioners (BOCC), Citizen Advisory Task Force (CATF) Committee, Community Services Department, or participating construction contractors must fully disclose this relationship on the Application and definitely before a construction contract is executed In addition, all beneficiary names must be disclosed at the regular meetings of the St. Lucie County BOCC and the CATF as selection of beneficiaries occur, and these names must be included in the minutes of both the BOCC and the CATF meetings. The St. Lucie County BOCC and CATF members must disclose any relationship with St. Lucie County Page 5 an applicant and must abstain from any vote related to that applicant. As soon as a final ranking of the applications is made, that ranking and any cases of conflict of interest must be made known at a meeting of the St. Lucie County Board of County Commissioners. Before an applicant with a potential or real conflict is given final approval for participation, St. Lucie County must notify the Department of Community Affairs (DCA) in writing. Prior to any rehabilitation, St. Lucie County must receive written notification of DCA s approval of the application, in accordance with 24 C.F.R. Section 570.489. If this process is not followed the local government and/or the applicant may be liable for returning the funds to the program. IV. HOUSING REHABILITATION FINANCING The Housing Rehabilitation Program provides financing to homeowners in the form of 1006/. Deferred Payment Loans, the amount of which shall include the accepted bid amount plus a contingency reserve. A. Deferred Payment Loans (DPL) Deferred Payment Loans are conditional grants, and are provided to homeowners who are unable or unlikely to obtain conventional financing due to their income limits. The Deferred Payment Loan (DPL) involves a security instrument (lien) requiring repayment of the loan only if the homeowner sells or transfers ownership of the rehabilitated home, ceases to use it as his/her primary residence within ten years of the date of the DPL, or fails to maintain reasonable required standards of care and maintenance. During the ten-year period, the principal is "forgiven" or subtracted from the principal balance in equal monthly amounts, so that at the end of the tenth year of owner occupancy (by at least one of the recipients if owned jointly), the loan is fully amortized. There is no interest charged during the ten years. In the event that the sole owner dies or both/all owners die within the ten-year loan period, repayment of the loan will not be required. If repayment of a DPL becomes due, the prorated principal balance will be due in full within thirty (30) days of the sale/transfer of ownership or the owner's cessation of primary residence at the property. If the owner is unable to make such payment, the St. Lucie County BOCC may, at their discretion, allow repayment of the DPL over a term not to exceed ten (10) years, at a yield of not more that six percent (6%) interest per annum. Homeowners whose household incomes do not exceed the HUD Section 8 low -to -moderate income limit will receive a Deferred Payment Loan for 100% of the cost of rehabilitation paid from CDBG funds. The maximum DPL for an owner -occupied single family dwelling is $40,000. If rehabilitation costs require more than $40,000 and the owner is unable to finance the additional cost, the dwelling unit may be disqualified unless alternative funding is available. Grant application scoring indicates an average rehabilitation amount that is to be attained. Very St. Lucie County .._.._:__ . __. Page 6 high costs frequently adversely impact other units planned for rehabilitation. Therefore, the ability to maintain the necessary average must enter into the decision process. As a general policy, a contingency amount of about S% should be placed on reserve for change orders. Exceptions may be made to this rule if the owner provides a firm commitment to pay for all required changes exceeding the authorized loan limit or if the Administrator determines that the situation does not require a contingency fund. B. Scope of Rehabilitation Assistance CDBG financing of housing rehabilitation is available for the following purposes: 1. correcting local housing code (Florida Building Code) and Section 8 standard violations; 2. providing cost effective energy conservation features; 3. provide reasonable repairs and modifications to make the dwelling accessible to handicapped and elderly occupants as necessary and technically feasible; and 4. correcting health and/or safety violations that may be present, including replacement of dilapidated or malfunctioning stoves or refrigerators and interim controls or abatement of lead -based paint hazards; New construction (adding a room or closing in a carport, etc.) is eligible for rehabilitation financing only to eliminate over -crowding or to provide bathroom or laundry hook ups. General property improvements are eligible for program funds when necessary to obtain an accurate level of utility, to decrease high maintenance costs, or the elimination of blight. Examples of eligible general property improvements include installation of cabinets and linen closets, functional changes in room layout, replacement of unapproved or damaged floor covering, and enclosure of a porch for use as a bathroom where the dwelling does not have adequate interior space. Some general property improvements may be provided at the owner's expense. Other additional improvements, above those required to achieve minimum standards, are optional and at owner expense. The cost for any such improvements shall be bome totally by the owner who must deposit the funds with the local government before the improvements begin if the improvements are to be a part of the rehabilitation contract. General property improvements that are paid for by the property owner must be included in the Contract for Rehabilitation that is developed and administered by the Housing Rehabilitation Program. However, ineligible new construction must be contracted separately. The property owner must also deposit the necessary funds to cover the additional improvements into the local government's program account. This must be done prior to construction. Otherwise, the addition items will not be included in the construction. Furthermore, any construction not covered in the construction contract will be inspected by the local Building Inspector but will not be inspected by Housing stab St. Lucie County Page 7 V. QUALIFICATIONS A. General In order for a homeowner to be eligible for rehabilitation assistance, the following criteria must be met: 1. Total Household income must not exceed the low -to -moderate limits set for the HUD Section 8 program at the time assistance is provided. 2. The owner must possess and provide clear title to the property. Although, it may be jointly owned, and the property may be mortgaged. Ownership through life estate, heir property, or other legal satisfactorily documented ownership is considered satisfactory for program participation. Providing proof of title is an owner responsibility and expense. 3. Property tax, mortgage payments, and utility bills must be current; and ownership must not be jeopardized by any other threat of foreclosure, default or clouded title. 4. The property must be fully insured for flood insurance if the home is in the 100-year flood plain. Flood insurance must remain in effect for the entire period of the Deferred Payment Loan Agreement. Any unit to be addressed with rehabilitation funds must be elevated to at least 1' above base flood elevation (or to local code) whichever is greater. S. All applicants that may have a business or familial relationship with a member of the St. Lucie County BOCC, the CATF, Community Services Department, and participating construction contractors must fully disclose this relationship at the time of the application, at the point in time in which the conflict occurs, and definitely before a construction contract is executed. 6. If a boundary survey is required, the owner is responsible for providing necessary proof or documentation at the owner's expense. 7. Residents and owners of rental property are not eligible to participate in the program. B. Household Income The following rules are applicable in determining household income: 1. The gross income of all household members occupying the dwelling is included in calculating household income. However, wages earned by dependent minor children (under 18) are not included in total. 2. Rent or other household support contributed by non -household occupants of a dwelling is included in household income. 3. The owner' s assets, with the exception of the home in which he/she resides and personal property such as an automobile, will be considered in determining eligibility. The actual annual income from the asset will be calculated as part of the total household income. Inclusion of such assets, if any, will be in strict accordance with 24 CFR 813.106 and any current modification thereof. St. Lucie County page 8 VI. STRUCTURAL REQUIREMENTS A. General In addition to owner eligibility requirements for participation in the Housing Rehabilitation Program, the dwelling must be: must: 1. below Section 8 Minimum Housing Quality Standards; and 2. feasible for rehabilitation. In order for a house to be considered feasible for rehabilitation, proposed construction a) correct all violations of the local housing code and Section 8 standards; b) provide interim controls or abatement for lead -based paint hazards as required by HUD and EPA for structures constructed prior to 1978 that will be assisted by the program. All houses built prior to 1978 will be tested for lead based paint. If lead based paint is found, interim control procedures will be used for all houses rehabilitated at or below $25,000. Houses above $25,000 will be rehabilitated using abatement procedures. The occupants will be notified of the hazards of lead -based paint, the symptoms and treatment of lead poisoning, how to avoid poisoning, lead level screening requirements, and appropriate abatement procedures; c) meet applicable local zoning requirements, as well as local, state, and federal housing code requirements for rehabilitation work; d) leave at least 20% of the original structure based upon the formula provided in this plan; e) not exceed the program costs noted in this plan; f) be made reasonably accessible to handicapped/elderly occupants, when the unit is occupied by such; and g) substantial improvement of any residential building located within the 100 year flood plain shall have the lowest floor including basement elevated no lower than (1) foot above the base flood elevation (or per local code). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided. B. Structural Integrity Rehabilitation requires that at least 200/9 of the original structure remain after construction, based upon the following formula. Three (3) major components of the house are considered, with each component weighted to total 100% of the structural value of the house. These components and ratios are: roof - 20%, exterior walls - 60%, and flooring system - 20%. St. Lucie County Page 9 As an illustration, if 50% of the roof must be replaced, 50% of the walls must be replaced, and 25% of the flooring system (including framing) must be replaced, the factors are then ratioed based on the 20/60/20 formula, so that 50016 replacement of the roof is equal to replacing 100/6 of the structure, 50% replacement of the exterior walls equals 30% replacement of the structure, and 25% replacement of the flooring system equals 5% replacement of the structure. Thus, replacement equals 100/6, plus 30%, plus 50A, or a total of 45% of the structure. This leaves 55 % of the original structure, indicating that the structure is feasible for rehabilitation. This calculation will be performed by Housing staff. Should significant deterioration occur between application and time the unit is scheduled for rehabilitation, the unit will be re-evaluated for continued eligibility and a decision made by Housing staff whether to replace it with an alternate unit or to request a change in type of rehabilitation (demolition, permanent relocation, etc.) in accordance with current DCA contract requirements. C. Cost Feasibility As an additional means of guarding against program penalties for substantial reconstruction of a dwelling, the following cost limits are applicable to all rehabilitation areas. These limits are above the allowable CDBG financing limits and assume requirements for owner contributions or leveraging. The limits may be exceeded for rehabilitation costs when alternative funds are available for leveraging but must be specifically approved by the St. Lucie County BOCC as exceeding the described limits. $60,000 per single family detached house In addition, the cost of rehabilitation and improvements may not exceed the after -rehabilitation value of the dwelling. In the absence of conflicting information, the mobile home CDBG cost limits shall be assumed to meet this requirement. For site -built dwellings, the total cost of rehabilitation (plus other improvements, if any) may not exceed $40 per square foot of dwelling space, excluding septic tank, well, or water/sewer hook-ups, which is less than the cost of new construction and will be assumed to meet the cost/value limit. VII. PROCEDURES A. Application and Inspection Each property owner who applies for rehabilitation assistance is initially screened to determine whether he/she is eligible for a 100% Deferred Payment Loan. A preliminary inspection is then conducted to determine feasibility of rehabilitation. If either the owner or the structure does not meet eligibility requirements for program participation, Housing staff will reject the application. A written rejection notification will be sent to the owner via certified mail and the local government designated representative within ten (10) days stating the reason for rejection. St. Lucie County Page 10 If both the owner and the house appear to be eligible for program participation, the application/verification process continues. A work write-up with cost estimate is developed by Housing staff and approved by the property owner. The cost estimate for the job is considered confidential information until bid opening. If special financing arrangements (such as the owner covering excessive costs or general property improvements) are required or anticipated, arrangements must be made prior to bidding to prevent soliciting bids on a case that cannot be financed. When the case receives preliminary approvals, bids are solicited for the job. B. Bidding Bidding of potential cases is conducted by the Purchasing Division in accordance with St. Lucie County Purchasing Manual. No housing unit owner or occupant, or employee or immediate relative of the same, either personally or corporately, shall serve as a contractor or sub -contractor to be paid with CDBG funds for the rehabilitation of said building nor shall they be paid for their own labor with CDBG funds for the rehabilitation of said building. Newspaper advertising for individual jobs will be conducted. Each contractor must attend a pre -bid conference held at the house to be rehabilitated or inspect the house under the owner's supervision. Failure to do so will result in automatic rejection of his/her bid(s) for the house(s). Sealed bids will be opened at a public bid opening. Housing staff will generally recommend that the contract be awarded to the lowest responsible bidder within plus or minus fifteen percent (15%) of the cost estimate. St. Lucie County reserves the right to reject any and all bids and to award in the best interest of the owner and St. Lucie County. No contractor will be allowed to have more than two (2) jobs under construction at one time without consent of the local goverment designated representative unless: 1) the anticipated date of commencement is after the scheduled and estimated date of completion of current jobs; or 2) the contractor has demonstrated, through past performance, his/her ability to satisfactorily complete multiple contracts in a timely manner thereby causing no impact on project and program completions. This rule may be waived by the St. Lucie County BOCC if it is determined that there is an inadequate pool of qualified bidders, if the other bids are excessive, or if other extenuating circumstances arise. St. Lucie County Page I i C. Contracting and Rehabilitation Housing staff presents each case to the St. Lucie County designated representative before the DPL and contact are signed. The DPL amount, contract amount, contractor, and owner eligibility are all approved by the designated representative. The rehabilitation contract is executed between the homeowner and the contractor when the rehabilitation DPL is closed, with the three (3) day rescission period running simultaneously for both legal agreements. Rehabilitation Agreements (for DPL's) are executed by the designated representative authorized to act on behalf of the St. Lucie County Board of County Commissioners. The DPL and the Notice of Commencement are recorded immediately. The program pays for recording of the Agreement. The filing of the Notice of Commencement shall be the responsibility of the Contractor. The Notice to Proceed is issued to the contractor as soon as possible after the rescission period elapses. When temporary relocation of the occupants is required, the Notice to Proceed will be delayed until the house is vacated. The contract time of performance (generally 30 - 45 days) begins with issuance of the Notice to Proceed. D. Inspections Periodic inspections of the rehabilitation construction are performed by St. Lucie County throughout the contract period. These inspections are conducted to assure compliance with the contract standards for workmanship and materials, to detect any unauthorized deviations and to identify necessary changes to the contract work in its early stages. Inspection and approval of completed work must be conducted by Housing staff prior to the contractor's receiving partial or final payment. The owner's acceptance of the work is also required before payment is received. E. Change Orders Any additions to, deletions from, or changes in the rehabilitation contract work, time, or price must be approved in a written change order before the additional work is started. The change order is executed by the owner and contractor and is approved by the Program Administrator and the designated representative. Change orders may be issued to correct code deficiencies or to obtain any other desired change in the work. CDBG funds can only be for change orders that correct code violations as documented by the local building official, a bonafide code violation report, or to meet Section S housing quality standards found after construction begins. Other changes will be at the owner's expense. St. Lucie County r r_.._.- . • _-•-•-__- no__ Page 12 F. Payment Contracts of $10,000 or less will not be paid until the contractor has completed the job. Contracts in excess of $10,000 allow a partial payment upon satisfactory completion of 60% of the work, with a retainage of 20% of the completed contract amount. Completion of 61 % - 9016 of the work allows a partial payment less a retainage of 20% of the full contract amount. Depending on extenuating circumstances and contract balance, a second partial payment may be authorized at the recommendation of the Program Administrator. Construction Completion Payment Schedule Less than W/e 60% 100% 100% Approval of a partial payment requires: Page of FundsPai 0% 40% Mr/0 After Certificate of Occupancy is issued and all punch list items are 100% completed . 1. a determination by Housing staff and the designated representative that the claimed percentage of completion of the work has been satisfactorily completed. Payment will be issued for the amount claimed less retainage depending on the physical progress as long as the contract fimds remaining are sufficient to complete the work in the event of default by the contractor, 2. an approval of the work by the owner, and 3. an affidavit from the contractor stating that either: (a) there are no claims for unpaid goods and/or services connected with the job and all laborers, suppliers and subcontractors have received just compensation for their goods and services up to the date of the request (as evidenced by fill or partial waiver of lien from subcontractors); or (b) a list of all unpaid parties and the amounts owed to each has been submitted with the request. The final payment approval requires: 1. acceptance of all work by the property owner, and Housing staff, 2. submission of all manufacturers' and other warranties (i.e., appliances, roofing, extermination, contractor's warranty coveting the entire job for one year, etc.); 3. waivers of liens from all subcontractors, ail parties who were not paid when the contractor received partial payment, and from any other party supplying notice; St. Lucie County Page 13 4. a certificate of occupancy or final approval from the Building Inspector to show compliance of the rehabilitation work with the locally adopted building (and other applicable) code requirements; 5. completion of all punch list items; and 6. an affidavit from the contractor stating that all bills have been paid and there are no claims for subcontracted jobs or materials, or any outstanding Notice to Owner. If the owner refuses to authorize payment due to a dispute with the contractor, the Program Administrator may recommend disbursement without the owner's approval if the claim is shown to be without merit or inconsistent with policies and the goal of the program. Such disbursement shall be issued only after the Program Administrator has reviewed the facts and circumstances involved in the dispute and has determined that the owner's refusal to issue payment is without just cause. A record of all pertinent information shall be presented to the Citizen Advisory Task Force for their review in accordance with the Complaint Procedures set forth in St. Lucie County's policies and procedures. The St. Lucie County Commission has the authority to uphold, rescind or reverse a previous CATF determination. An appeal of the local determination/decision made by the St. Lucie County BOCC should be filed with the Department of Community Affairs, as set forth in the St. Lucie County policies and procedures. Sufficient documentation to this effect shall be placed in the case file. G. Disputes and Contract Termination Disputes, the owner's right to stop work, and termination of the contract by the owner or contractor shall be as authorized in the Contract for Rehabilitation. H. Follow -Up After completion of the contract, it is the owner's responsibility to notify the contractor in writing of any defect in the work or material. The owner is also requested to notify the Housing Rehabilitation Specialist or the Program Administrator of any complaints to the contractor so assistance in follow-up can be provided. If the conttactor does not respond to the owner's written complaint within a reasonable time frame and in a satisfactory manner, the Administrator will verify the complaint. If the Program Administrator judges the complaint to be valid, he/she will send written request for warranty service to the contractor and a copy to the designated representative. The contractor will then take action as monitored by the owner and the Housing Rehabilitation Specialist. Upon receiving notice from the owner that the complaint has been satisfied, the Housing Rehabilitation Specialist will inspect the work and make such note in the case file. Failure to resolve complaints shall be justification for removing a contractor from participation with the program. St. Lucie County Page 14 • now VIII. CLEARANCE/PERMANENT RELOCATION/DEMOLITION RELOCATION A. General Permanent Relocation and/or Demolition Relocation are synonymous terms used in the rehabilitation program when a home is unsound and not suitable for rehabilitation based on the structural integrity criteria. Homeowner eligibility requirements are the same as for rehabilitation. Further policies are included in the local Anti -displacement and Relocation Policy. A Clearance Requirements are identified by the Housing Rehabilitation Specialist and are included in the replacement unit bid package. In this way, the same contractor is responsible for site cleanup and preparation as for provision of the replacement unit. Disposal of debris and associated activities are also included if this method is utilized. When demolition or clearance is conducted separately, bid packages are prepared with procedures following those identified for rehabilitation in this manual. C. Permanent Relocation/Demolition Relocation This activity involves replacement of an eligible owner occupied unit that is beyond economic repair. The St. Lucie County BOCC will decide with the Housing Rehabilitation Specialist on a case -by -case basis whether to utilize a slab "site built" replacement unit, a prefabricated unit, or a modular home. Decision items will include budget, zoning, replacement requirements, cost estimates, and a number of other items that may vary case -by -case. Once the decision is made, the Housing Rehabilitation Specialist prepares bid specifications based on owner input from review of available plans from the contractors. Bidding contracting and inspections then proceed as in the rehabilitation process. D. Differences 1. No partial payment is provided for modular replacement units, as the time frame to complete the transaction is relatively brief. The contractor is paid in full upon satisfactory completion of work and providing of warranties. Partial payments are utilized for site built homes along the same lines as for rehabilitation work. 2. Program disbursements are made from the local CDBG operating account. As a result, attention must be paid to the ordering and receipt of funds, to ensure that disbursements are made in a timely manner and that the federal three-day rule is not violated. St. Lucie County Page 15 3. Cost feasibility limits are based on number of bedrooms to be provided for site built homes. These limits that may not be exceeded without approval from the St. Lucie County Board of County Commissioners are: (a) four or more bedrooms - $85,000 (b) three bedrooms - $80,500 (c) two bedrooms - $72,500 In the case of replacement of existing mobiletmanufactured homes, the limit will be based upon the acceptable bid price of a replacement home of comparable size. If the existing home is inadequately sized, the replacement home will be sized to include the appropriate bedrooms needed to meet Section 8 and/or local housing code requirements for occupancy. In no case will the total assistance be greater than those limits listed above. Necessary site improvements, including water supply, sewage disposal, and clearance, will also be provided along with the actual dwelling replacement. Budgetary and scoring constraints, as well as priorities for assisting other households, may dictate that some homeowners will be offered less than the maximum amounts shown hereto, even if their demolition and replacement housing costs are above the offered amount. In these cases, homeowners must provide non-CDBG funds from other sources, or they may decline the offer and withdraw from the program. If the offer is declined, no CDBG fimded demolition will occur. IX. CONTRACTOR LISTING The Housing Rehabilitation Program will establish and maintain a current listing of eligible contractors for bidding on all phases of the program. Only those contractors who are so listed will be considered for work on this program. Establishment of this list will include maximum effort to utilize local and minority contractors. A. Recruiting Contractors residing or maintaining offices in the local area will be recruited through public notice to all such contractors, as part of the local government's compliance with Federal Section 3 requirements. This special effort will be based upon the list of contractors licensed in the jurisdiction including residential, building and general contractors. Letters sent to contractors, or advertisements placed soliciting them, will be placed in the appropriate program file. The contractor listing will include all local contractors who apply and are deternnined eligible based upon program qualification standards. St. Lucie County Page 16 If the pool of local contractors is inadequate to provide a sufficient pool of contractors willing and qualified to perform the rehabilitation work at prices that are considered reasonable and comparable to the prepared estimate, other contractors will be solicited. Maintenance of a pool of competitive, qualified, and capable contractors is essential to program completion. The existing purchasing policy of St. Lucie County will be used to determine eligibility of the contractors. a Contractor Eligibility In order to participate in the Housing Rehabilitation Program, a contractor must be certified as eligible by the Administrator of Housing Rehabilitation and by the Florida Department of Community Affairs. Basic contractor qualifications include: 1. Current license(s) with the appropriate jurisdiction; 2. A satisfactory record regarding complaints filed against the contractor at the state, federal or local level; 3. Insurance meeting Type "A" requirements as established by the St. Lucie County Risk Management division including: Contractor's Public Liability Insurance in an amount not less than $1,000,000 aggregate coverage. A certificate evidencing Worker's Compensation insurance in statutory limits in accordance with Florida law. A certificate evidencing Auto Insurance including bodily injury in an amount not less than $1,000,000 per accident and in the aggregate. A certificate evidencing General Liability insurance covering bodily injury_including death and property damage, in an amount not less than $1,000,000 combined single limit per occurrence. Copies of certificates shall be provided to the County. The Contractor shall provide the County with a certificate of insurance from the insurer guaranteeing ten (10) day notice to the Housing Rehabilitation Program before discontinuing coverage. 4. A satisfactory credit record, including: (a) references from two (2) suppliers who have done business with the contractor involving credit purchases; and (b) references from three (3) subcontractors who have subcontracted with the contractor, and (c) the ability to finance rehabilitation contract work so all bills are paid before requesting final payment; St. Lucie County Page 17 5. Satisfactory references from at least three (3) parties for whom the contractor has done construction; 6. Absence from any list of debarred contractors issued by the Federal or State DOL, HUD or DCA.. The Housing Rehabilitation Specialist will assure that current and past performance of the contractor are satisfactory based upon readily available information and reserves the right to check any reliable source in establishing such determination. The Housing Rehabilitation Specialist will explain the contractor's obligations under Federal Equal Opportunity regulations and other contractual obligations at the pre -bid conference. Program procedures, such as bidding and payment, are also explained to the contractor. C. Disqualification Contractors may be prohibited or removed from program participation for: 1. poor workmanship or use of inferior materials; 2. evidence of bidding irregularities such as low balling, bid rigging, collusion, kickbacks, and any other unethical practice; 3. failure to abide by the work write-up, failure to complete work write-up (and bid) accomplishments, and any attempts to avoid specific tasks in attempts to reduce costs; 4. failure to pay creditors, suppliers, laborers or subcontractors promptly and completely; 5. disregarding contractual obligations or program procedures; 6. loss of license(s), insurance or bonding; 7. lack of reasonable cooperation with owners, rehabilitation staff or the others involved in the work; 8. abandonment of a job; 9. failure to complete work in a timely manner, 10. inability or failure to direct the work in a competent and independent manner, 11. failure to honor warranties; St. Lucie County page 18 12. ineligibility to enter into federally or state assisted contracts as determined by the U.S. Secretary of Labor, HUD or DCA; 13. other just cause that would expose the Program or owner to unacceptable risk; 14. failure to respond to a minimum of three (3) consecutive requests for bids; or 15. at the contractor's request. X. RELOCATION/DISPLACEMENT The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 does not apply to displacement under the St. Lucie County Community Development Program since St. Lucie County does not acquire the vacated (demolished or rehabilitated) property and residents participate voluntarily. Therefore, relocation services will be provided in the St. Lucie County Anti -Displacement and Relocation Policy which covers specific situations in great detail. Household/property owners previously approved for proposed housing assistance may voluntarily withdraw their application for assistance, which must be confirmed in writing. If the Administrator determines the applicant to be ineligible for assistance, eeAAdmLu s Administrator dshaall send written notification to the applicant, stating that the application the reason for the rejection. XI. APPEALS/COMPLAINTS The Housing Rehabilitation Specialist, the designated representative and the Program Administrator are authorized by St. Lucie County to make all determinations of eligibility for assistance and level of assistance, scheduling of rehabilitation, demolition and relocation, and contract management. Citizens and/or contractors should issue complaints to the Housing Rehabilitation Specialist or the Program Administrator. For a complaint to be considered valid, it must be issued in writing within a period of 45 days of its occurrence. Responses also should be issued in writing. If the complainant is not satisfied with the Program Administrator's response, the issue must be presented in writing to the County Manager or his designee in accordance with the Complaint Procedures set forth in St. Lucie County's CDBG Complaint and Grievance procedures. If the complaint cannot be resolved by the County Manager or his designee, he or his designee will notify the Chair of the Community Advisory Task Force who will make a recommendation to the County Manager's office within 10 days. Any appeals will made according to the St. Lucie County CDBG Complaint and Grievance Procedures. Further appeals, if necessary, must be addressed to the Florida Department of Community Affairs. St Lucie County Page 19 XII. PROGRAM INCOME No program income is planned to result from this program. Defamed Payment Loans will be monitored by the Housing Rehabilitation Specialist during the CDBG period of agreement. After the expiration of the agreement between St. Lucie County and the State, the monitoring will be performed by the designated representative. If repayment of a DPL or program income is received during the CDBG agreement period, it will be used for additional rehabilitation as authorized b the Community Affairs. Program income or DPL Depar�nent of payment received subsequent to closeout will be returned to the Department of Community Affairs unless the states program income regulations are changed. XIII. PROPERTY ACQUISMON POLICY A. Voluntary St. Lucie County may purchase property with Community Development Block Grant fiords for use in the Community Development Program. While most property acquisition must follow the procedures outlined in the Uniform Relocation and Real Property Acquisition Act, residential property to be used for relocation purposes shall be purchased on a voluntary basis. The City shall determine the property features needed and the budget available for the Purchase defined in the contract agreement. A request for proposals will then be published in a local newspaper. The request will state the specifications and budget and indicate that the purchase is voluntary. No displacement of renters may occur as a result of the program. Owners will not receive any relocation assistance, so owner -occupants must waive the Uniform Act Rights. A voluntary acquisition occurs when real property is acquired from an owner who has submitted a Proposal to the recipient for purchase of their property in response to a public invitation or solicitation of offers. The St. Lucie County BOCC is committed to this mode of acquisition to the maximum practicable extent. Voluntary acquisition shall be permitted only if the property being acquired is not site specific and at least two properties in the community meet the criteria established by the local government for usage, location, and/or interest to be acquired. The St. Lucie County BOCC, prior to publication of a public notice or attendance of any local government representative at a property auction, must approve all voluntary acquisitions in principle. must: A public notice must be published inviting offers from property owners. This notice St. Lucie County Page 20 1. accurately describe the type, size and approximate location of the property it wishes to acquire; 2. describe the purpose of the purchase; 3. specify all terms and conditions of sale, including maximum price; 4. indicate whether or not an owner -occupant must waive relocation benefits as a condition of sale; 5. announce a time and place for offers to be accepted; and 6. announce that local powers of condemnation shall not be invoked to acquire any property offered for which a mutually agreed to sale price cannot be reached. Property may also be acquired at auction. The Uniform Relocation Act does not apply to voluntary acquisitions. In each voluntary acquisition, a public solicitation shall occur. Offers shall be sealed and opened at the same time, in the same place, by a responsible official. Records of offers shall be kept. Appraisals are not required for purchases less than $2,500 if a mutually agreed to sales price can be reached Clear title must be present in every transaction. The St. Lucie County BOCC must decide at the time of approving the acquisition whether or not appraisals and review appraisals will be necessary and what the maximum permissible sales price will be. The decision to acquire will rest with the St. Lucie County BOCC which can reject or accept any and all offers. Written records shall be maintained documenting decisions and rationale for selected courses of action. B. Non -Voluntary Acquisition Plan Acquisition of property (including easements and right-of-way) using federal funds shall occur in accordance with the Uniform Relocation Act of 1970 (as amended) and with any State and Federal regulations that may apply. Fundamental steps that occur in each purchase may vary case by case. However, in general terms, the following should take place: (1) source of funds and authority to acquire confirmed, (2) property/site identified and suitable, (3) legal description/survey/preliminary title search performed (services procured as necessary), (4) notice of intent to acquire sent owner, (5) appraisal and review appraisal services solicited and appraiser retained, (6) appraisal received and sent for review, (7) title companies solicited and retained after review received (title insurance amount and necessity determined in advance), (9) offer to purchase and notice of just compensation sent owner, (9) owner contacted by attorney or other representative and contract formalized, (10) settlement costs calculated and closing date set, (11) closing conducted with funds changing hands and, (12) records of proceedings retained. St. Lucie County Page 21 The Uniform Relocation Act requires certain specific procedures such as some letters being sent certified. The CDBG Implementation manual provides a checklist that may be utilized in following each transaction to successful conclusion. In no case will CDBG funds be utilized which would create involuntary displacement. See St. Lucie County separate policy on this subject. C. Timing/Planning Properties necessary for easements or acquisition shall be identified as early in the Planning stage as is practicable. Every attempt shall be made to affect a design that is not wholly site dependent, that is, where two or more sites are suitable for the project. It is recognized this may not always be possible. However, a policy of minimizing single site alternatives is emphasized. In general terms, the voluntary acquisition process shall be utilized to identify possible sites early in the project. Sites shall be evaluated for suitability prior to the final design phase to the maximum practicable extent. As soon as alternative sites are identified and evaluated, applicable acquisition procedures should commence. Projects shall not normally be sent out for bids unless properties to be acquired or utilized for easements have been formally acquired or a commitment exists which is sufficiently firm and binding to be considered safe for the project to proceed with start up. The St. Lucie County BOCC shall make the determination as to whether or not bidding, award and start up may proceed to closing on the property. In those cases where need for easements and/or acquisition is not identified until after the project is underway, procedures shall be expedited to the maximum practicable extent and utilization of funds, the value of which would be unrecoverable if the transaction did not occur. St. Lucie County Page 22 rr-.._:__ a __._ ____ nr__ APPENDIX A Point Values to be Used in Ranking Applicants Handicapped and elderly persons on fixed income within established very low income (VLI) guidelines (13 Points) Elderly persons on fixed income within established VLI guidelines (12 Points) Handicapped or disabled persons within established VLI guidelines (I I Points) Households with handicapped or disabled dependents within established VLI guidelines (10 Points) Handicapped and elderly persons on fixed income within established low to moderate income (LMI) guidelines (9 Points) Elderly persons on fixed income within established LMI guidelines (8 Points) Handicapped or disabled persons within established LMI guidelines (7 Points) Households with handicapped or disabled dependents within established LMI income guidelines (6 Points) Households within established VLI guidelines (5 Points) All others within established VLI guidelines (4 Points) Households within established LMI guidelines (3 Points) All others within established LMI guidelines (2 Points) Any homeowner or physical residence that has received state or federal housing assistance within the last 10 years regardless of age, handicap, or income level (1 Point) SHIP applicants that were previously approved but did not receive assistance due to lack of funds will have 4 points added to their calculated household score. In the event of a tie, the household with the largest number of residents shall prevail. If a tie still exists, then the household with the lowest income shall prevail. St. Lucie County Page 23 ITEM NO. VI -K2 1 — DATE: 11/10/09 �COUNTY • R I . A AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B Jessica Parrish SUBMITTED BY: Community Services/Housing Division Housing Ma er SUBJECT: Healthy Homes Demonstration Program (HHDP) Application BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 185010-5420-335510-500 SHIP 08/09 (Match) PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to submit an application for the Department of Housing and Urban Development HHDP grant, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordinsdon/Sianatures County Attorney ( ) OMB Director tA Budget Analyst Daniel S. McIntyre Originating Dept. ( ) flefh Ryder Marie Gouin Sophia Holt Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, DirectT�� FROM: Jessica Parrish, Housing Manager DATE: November 10, 2009 SUBJECT: Healthy Homes Demonstration Program (HHDP) Application ITEM NO. VI -K2 Background: The purpose of the Department of Housing and Urban Development (HUD) Healthy Homes Demonstration Program is to develop, demonstrate, and evaluate cost effective and preventive measures to correct safety and health hazards. A grant of $875,000 is being requested. This grant is to address housing conditions that threaten the health of residents. The main focus will be on households and day care facilities in order to remediate hazards known to cause injury and illness to children. Energy Star appliances and green strategies will be implemented as needed. The funding cycle of this grant will be approximately three years. Community Services will be responsible for administration of the grant. The application for this grant is due November 24, 2009 Recommendation Board approval to submit an application for the Department of Housing and Urban Development HHDP grant, and authorization for the Chair to sign documents as approved by the County Attorney. Attachment: Application Memo #10-012 Investing in Healthy Homes to Reduce Injury and Illness Among At -Risk Residents in St. Lucie County, Florida Community Services Department / Housing Division Jessica Parrish - 437 N. 71h Street, Fort Pierce, Florida 34950 E-mail: parrishina,stlucieco.org - Phone: (772) 462-1290 - Fax: (772) 462-2855 Abstract: St. Lucie County Community Services strives to meet the housing needs of the low income population by providing rehabilitation assistance and other housing programs to the community. The proposed Healthy Homes Demonstration Program would take place within the boundaries of St. Lucie County. St. Lucie County could be a pilot program for Florida and the Country as many areas have the same issues: High unemployment, a diverse population with varying needs, a number of housing that does not meet minimum code, and a large population of households surviving on low incomes generates a huge unmet need in the community. St. Lucie County is applying for $875,000 in funding that will be matched with $87,500 of SHIP funding. The St. Lucie County Healthy Homes Demonstration Program will carry out the following objectives: • Develop partnerships that efficiently and cost effectively identify the most at risk individuals • Develop a database that will track the progress of all program objectives • Assist sixty (60) households (renters and homeowners) and five day care facilities to remediate hazards known to cause injury and illness The program goal aligns with Healthy Homes Goal # 1, which is to mobilize private and public partnerships for the development of the most promising, cost-effective method for identifying and controlling key housing -related environmental health and safety hazards. St. Lucie County does not have a program that reaches the Healthy Homes target group. Existing programs within the County exclude many of the most in -need individuals: low income residents that rent homes. The policy to assist owners rather than renters has been accepted under the pretense that landlords should be responsible to provide safe rental structures and due to the overabundant need of low income homeowners. This renting sector of the population, close to 17,000 total units, includes children and elders residing in families paying greater than 50% of their income for housing, making minor upgrades unaffordable. Another issue the program will address is improving the manner by which clients are identified and served. Currently, most clients are solicited through advertisements and public information campaigns leaving many unaware of available programs. Another problem housing staff has encountered are clients that do not trust the local government and therefore decline assistance. This widespread mistrust is furthered by negative experiences in the family court and state health system. For instance, if the Guardian Ad Litem Program makes a judicial recommendation to require a child's parents make repairs to alleviate asthma symptoms, the I Healthy Homes Demonstration Program 1 St. Lucie County Board of County Commissioners parents may be financially incapable of moving or fixing the mold problems. As a result, the family may face separation. Through the Healthy Homes Demonstration Program, St. Lucie County plans to build public and private partnerships that will improve the way clients are identified and referred by expanding established programs in the community. St. Lucie County will partner with the following agencies to build a referral service through first responder networks: Agency Name Function in the Community arawtdvxvvu Council on of Children and Families Investigate/monitor reports of child abuse. for population 60 years and older. New Horizons of the Treasure Coast Mental health services. Each of the above listed agencies performs home visits to carry out their primary functions. The partners have similar functions to local organizations scattered throughout the country so the partnerships would be duplicable if they prove effective. The community partners have agreed to screen existing clients for needs related to the Healthy Home Demonstration Program and to track success and challenges when performing follow up visits. The program will address the following hazards that are present in each home: H}azards: P#... Insect & Rodent Infestations Unintentional injuries/fire Mold and moisture Lack of security, recreational opportunities, or The County expects that by addressing these hazards, the health, productivity" and qua lity of life will be improved. These improvements, as well as partnership effectiveness, home assessment accurateness, and outreach results, will be monitored and reported by creating an Access database template to be shared with future grantees. The average amount spent per household is estimated at $10,900 and the per unit limit for day care facilities will be $25,000. In the event that a rental unit repair is impractical, the County will assist the household to relocate to another property that meets Healthy Homes standards. In order to ensure the property upgrades continue to benefit the targeted population, landlords will be required to sign an affordability agreement. If the landlord is unwilling to participate, the County will assist the household to relocate to another rental property. The performance period timeline and goal will be 24 months, allowing 12 months for unforeseen delays. The first 120 days will be dedicated to administrative functions. By creating a Healthy Homes Demonstration Program that develops replicable partnerships for identifying the most at need clients and by creating a database to effectively track and streamline the program, the St. Lucie County Community Services/Housing Division proposes to further the Healthy Homes objectives and understanding for future grantees. Healthy Homes Demonstration Program St. Lucie County Board of County Commissioners 2. Rating Factor Response: (1) Capacity of the Applicant and Relevant Organizational Experience Capacity and Qualifications of Key and Supporting Personnel: St. Lucie County Housing staff assigned to the Health Homes Demonstration Program will include the following: • Housing Manager; • Housing Program Specialist; and • Housing Project Coordinator; • Housing inspector. The Housing inspector position is not currently filled, but it will be filled by contract or in-house personnel, within 120 days of grant contract. All Housing staff members have at least five (5) years of experience in their field. By administering the grant programs listed in Table 1, the key personnel have developed the following relevant skills: • Lead Visual Assessment Certification • Understanding of Asbestos Suspect Materials and Remediation Methods • HUD Environmental Assessment Certification • Understanding of the Uniform Relocation Act • Housing Quality Standards inspector experience/performing home assessments • Experience developing work write ups • Lead and Asbestos remediation experience • Income qualification experience • Financial and program outcome reporting experience • HOME Program certification • Government procurement/contract management experience • Ability to Create Effective Partnerships • Fiscal reporting/goals tracking Community Services staff are able to provide assistance in Spanish, English, and Creole, which are the three primary languages spoken in St. Lucie County, Florida. Incoming calls are fielded by an Executive Assistant. Appendix A contains resumes for key personnel. Healthy Homes Demonstration Program 3 St. Lucie County Board of County Commissioners Since 2004, the St. Lucie County Community Services/Housing Division has successfully applied for and administered the programs and activities listed below. All Housing staff has had hands-on education in technical administration of State and Federal funding. Table 1: St. Lucie County Community Services/Housing Division Programs Programs Amount Activities Status 2004 CDBG Small Cities 1 �7150_000 HOME Again $500,000 • Rehabilitation Complete CDBG Disaster Recovery 2004 $3 Million • Rehabilitation/reconstruction Complete • Water and Sewer Improvements CDBG Disaster Recovery $1.3 Million • Rehabilitation/reconstruction Complete 2005 (Hurricane Jeanne) • Purchase Assistance • Slum & Blight • Infrastructure Project in Port St. Lucie CDBG Disaster Recovery — $4.5 Million • Rehabilitation/reconstruction 20 % Supplemental (Hurricane • Infrastructure Projects in Port St. Lucie Complete Wilma) & Fort Pierce Hurricane Housing Recovery $7.29 Million • Rehabilitation/reconstruction 90% Complete Program (HHR) • Purchase Assistance • Foreclosure Prevention • Rental Assistance • Rental Development • Disaster Relief St. Lucie County 2007 $658,912 • Down Payment On Schedule HOME Consortium 2008 $639,355 • Rehabilitation 2009 $714,720 State Housing Initiative 05/06 $525,566 • Purchase Assistance On Schedule Partnership (SHIP) 06/07 $670,505 • Rehabilitation/reconstruction 07/08 $672,559 • Disaster Relief 08/09 $664,411 09/10 $106,259 My Safe Florida Home 2008 $750,000 • Mitigation Complete 2008 CDBG Small Cities $750,000 • Rehabilitation/reconstruction On Schedule Neighborhood Stabilization $3.98 Million • Purchase/rehabilitate/sale or rental On Schedule Program (NSP) • Purchase Assistance REOs Healthy Homes Demonstration Program 4 St. Lucie County Board of County Commissioners Jessica Parrish, Housing Manager, will be the overall project director. She has worked in the Housing Division for four years. She has been instrumental in expanding the functions of the division in order to better serve St. Lucie County residents. The first three years, Mrs. Parrish served as the Housing Project Coordinator. The chart below outlines her experience in planning and managing large and complex interdisciplinary programs: Program Role 2004 Small Cities CDBG Day-to-day manager, client manager, budget administrator HOME Again Day-to-day manager, client manager, budget administrator CDBG Disaster Recovery • Developed the LHAPs, schedules and budgets Initiative grants (3) . Planned and managed one major infrastructure project and two neighborhood sewer and drainage projects • Day-to-day manager, client manager, budget/reporting administrator Hurricane Housing Recovery • Developed the LHAPs, schedules and budgets • Day-to-day manager, client manager, budget/reporting administrator • Oversaw process of selecting and monitoring two rental development projects that receive supplemental funding St. Lucie County HOME . Lead staff member in creating the HOME Consortium Consortium partnerships, developing the 5 year plan, reporting • Oversees budget, and day-to-day operation State Housing Initiative • Developed the LHAPs, goals, budgets Partnership • Oversees day-to-day operations My Safe Florida Home • Completed application, developed the plan, budget, and oversaw day-to-day operations Dina Prestridge, Housing Project Coordinator, will be the day-to-day project manager. She has worked for St. Lucie County for six years and in the Housing Division for two years. As a member of the Housing Division, she has excelled in managing the day-to-day fiscal operations of all open grant programs as listed in Table 1. As the Division's fiscal coordinator, she has been the primary contact for all reporting, monitoring, and budgeting for each funding source. She is the secondary contact for all major projects, so she has developed skills similar to those of the Housing Manager. Jennifer Cruz, Housing Program Specialist, will serve as support staff. Mrs. Cruz will be the primary contact for all partnering agencies and she has assisted in developing the project plan. Mrs. Cruz has been employed with St. Lucie County for six years and in the Housing Division for two years. In her capacity as Housing Program Specialist, she has excelled in the daily activities required to administer the CDBG DRI grants, HHR funding, the My Safe Florida Home Program, and the St. Lucie County HOME Consortium. Her skills include: • Lead Visual Assessment Certification Understanding of Asbestos Suspect Materials and Remediation Methods HUD Environmental Assessment Certification Healthy Homes Demonstration Program S St. Lucie County Board of County Commissioners • Understanding of the Uniform Relocation Act • Housing Quality Standards inspector experience/performing home assessments • Experience developing work write ups • Lead and Asbestos remediation experience • Income qualification experience • Government procurement/contract management experience • Ability to Create Effective Partnerships • Fiscal reporting/goals tracking The Housing inspector position is vacant. The County will either request qualifications from interested contractors that have knowledge of HUD housing and Healthy Homes standards or hire an additional staff person with these qualifications. Resumes for key personnel are included in Appendix A. (2) Qualification of Partner Organizations and Contractors: Partner Organizations: Partnerships were identified due to the relationship each agency develops with at risk residents as part of their primary functions. For example, the Florida Department of Children and Families is a State agency with a local division that is actively taking citizen reports of child abuse and neglect. Visiting the homes is one of the vital roles they perform in order to evaluate the validity of each complaint and enforce requirements. The partners have agreed to, as an addition to their regular duties, expand their scope to survey and identify hazards related to the Healthy Homes objectives. When case managers revisit a home for progress checks, they will assist in evaluating the effectiveness of the pest control interventions. Each partner has staff members that are skilled at community outreach and completing project tracking as will be required for this program. Partnership details are listed on page 12, in the Soundness of Approach section. (3) Past Performance of the Organization: St. Lucie County has been the responsible entity for an estimated $12 million in Federal funding through the HOME Investment Partnership Program and the State -monitored Community Development Block Grant programs. Each federally funded program requires compliance with Environmental Regulations. The Housing Division is experienced in the process of inspecting for and abating lead and asbestos materials. In addition, the Housing Division has administered about $2.5 million in State funding to assist with low income housing activities. The primary goal of these funding programs has been to rehabilitate single family housing to meet Florida Building Code and health and safety standards, which address many of the Healthy Homes hazards. Healthy Homes Demonstration Program St. Lucie County Board of County Commissioners 6 St. Lucie County has not received funding through the Healthy Homes of Lead Hazard Control grant opportunities. Capacity of Contractors: Remediation work will be completed through contractor agreements. Upon execution of the grant contract, the Housing Division will request qualifications from contractors, subcontractors and environmental remediation contractors. As work write ups are developed by the Housing inspector, competitive quotes or bids will be solicited from the shortlist of qualified contractors. By identifying qualified contractors initially, the program can run smoother by developing relationships and not needing to check qualifications and references for each project cycle. If new contractors wish to be included after the initial request, staff will allow them to qualify for remaining opportunities. (2) Need/Extent of the Problem: This section will outline the underlying social and economic issues that cause St. Lucie County low income residents to be at risk of injury and illness caused by hazards in the home. Target Area for Proposed Activities: The proposed project will be performed within the boundaries of St. Lucie County, Florida. This area covers approximately 572 square miles including the cities of Port St. Lucie and Fort Pierce, Florida. The County has a diverse population of residents - many with lifetime ties to the area, as well as many first generation immigrants from Haiti, Latin America, and other countries worldwide. As shown in Table 3, thirty-five percent of the population earns income less than 80% of the annual median income. The economic downturn has caused the unemployment rate to increase by 5% in the past year to 13.7%. Roughly one in ten households in St. Lucie County may be food insecure. These residents are likely unsure whether they will have food for their next meal and they may go hungry at times. The Social Services programs within the County have experienced an increase in need caused by the economic downturn. For example, on October 1, 2009 the Community Services Department received a Homeless Prevention and Rapid Rehousing (HPRP) grant and over 600 requests were received within the first 15 day period. Table 3: St. Lucie County Demo ra hics Amount Percentage Population 192,695 100% People below Poverty Level 20,811 10.8% Very Low Income 50% People 22,097 11.5% Low Income 80% People 44,595 23.1% Children 18 and under 43,723 22.7% Elders 60 and above 54,169 28.1 % Disabled Individuals 45,066 23.4% Unemployment Rate 2008 8.8% 2009 13.7% Healthy Homes Demonstration Program 7 St. Lucie County Board of County Commissioners Source: 2000 Census Data & US Bureau of Labor Statistics Data from the U.S. Census Bureau and the Florida Data Clearinghouse show significant numbers of housing units are experiencing over -crowded conditions, are lacking central heating, lacking complete kitchens, and lacking complete plumbing. The St. Lucie County Code Enforcement Division reports there are over 300 open code violations, excluding citations for minor maintenance issues. Data was not available for either city. The unincorporated county population is 30% of the total population. Affordable housing continues to be an issue for low income residents. In 2007, a high number of very low and low income households reported their housing cost burden accounted for at least greater than 30% of their income as shown in Table 4. In 2000, 10,519 low-income households included at least one person age 15 or older with a disability. Table 4: Households by Income and Cost Burden, St. Lucie County, 2007 Median 'Incoa ° -, o 0-30 ,a . 30-50 .fo . 50% or more <=30%AMI 2,683 1,170 5,762 30.01-50% AMI 3,445 4,306 3,997 50.01-80% AMI 12,399 6,964 1,722 Source: Florida Housing Data Clearinghouse Over 31,000 housing units were built prior to 1980, causing them to be at higher risk for lead and asbestos and in need of other safety repairs. There are 16,903 rental housing units, not including public housing units, throughout St. Lucie County. There are currently no local assistance programs to help repair these units. Table 5: Year Structures Built 1939 and earlier 1940s 1950s 1960s 1970s:19808 1990s 1,236 1,394 4,237 7,208 18,722 33,259 25,206 Source: Florida Housing Data Clearinghouse The St. Lucie County Health Department reports there are 2,873 cases of AIDS and 622 cases of HIV in St. Lucie County. The rate of cases is much higher than neighboring counties. Due to the weakened immune system, this section of the population is at high risk for illness caused by the health hazards remediated in the Healthy Homes program. Healthy Homes Demonstration Program St. Lucie County Board of County Commissioners 8' In 2004, St. Lucie County experienced two major hurricanes that caused over 2,000 homes to be destroyed. In 2008, a FEMA Preliminary Damage Assessment reported that another storm, Tropical Storm Fay, caused $24,179,628 of damage in St. Lucie County. The majority of damage from the tropical storm was caused by flooding, which was not covered by many homeowner insurance policies. While the low income owner -occupied residences are able to receive assistance through current programs, many rental properties continue to be unsecured and have water and structural damage. Link to Housing Related Health and Safety Hazards: The Florida Department of Health and the Center for Disease Control and Prevention report data that links the housing hazard risks to injury and illness in St. Lucie County, Florida. However the information is collected in a more general manner than requested on HUD-96016. The local hospitals were contacted to find more detailed data on asthma hospitalizations, unintentional injuries, and lead poisoning, but neither hospital was able to provide the data. Asthma: In 2002, over 569,000 hospitalizations in the County were asthma related. This data was not available by age groups. The Florida Department of Health reported in 2007 that 11.2% of adults had asthma; there was no statistic for children. Furthermore, the Department reported trends are worsening for hospitalizations and death related to asthma. Injury: In 2007, 17 children between ages 1-19 died of unintentional injuries in St. Lucie County. In 2002, 131 deaths of all ages were reported. Data on non -deadly injuries were not reported. Lead Poisoning: In 2008, 104 children younger than six years tested positive for elevated blood lead levels. Data showing the lead level ranges as request in HUD-96016 was not available. (1) Advancing Healthy Homes Practice: St. Lucie County proposes to advance the Healthy Homes program by designing a program with effective partnerships that are replicable and improve the ability to implement the Healthy Homes program by efficiently and cost effectively identifying high risk communities. Since the proposed partners' primary functions place them in communities that are high risk, their existing functions can overlap with this program. Their ongoing activities of community intervention will allow them to quickly restart the identification and intervention activities required for Healthy Homes when the program is refunded without a major time delay. The County also proposes to remediate hazards in day care facilities. As this application was being developed, the partners expressed a great need for the project as an extension to their program goals. There is a lapse between identifying needs and funding them for low income households, especially in renting households. Healthy Homes Demonstration Program 9 St. Lucie County Board of County Commissioners The County proposes to track the effectiveness of each partnership, since each entity serves a different clientele base, to determine what partnerships would be valuable to future Healthy Homes agencies. For example, the Housing Division is interested to learn whether a partnership with the Department of Children and Families (DCF) will be effective since many of the clients are not willing participants in the DCF system. Furthermore, these households may have other factors that could cause difficult relations or high dropout rates, such as high rates of relocation. The Housing Division hopes to determine whether working as a team will help to gain trust or better the working relationship with the applicants. Program Model: The County proposes to create a duplicable data entry system that can collect the referrals and track the progress, as well as track the dropout rates and completion rates for each agency's referrals. The data entry system template as well as the program documents produced to administer the program will be made available to future grantees to allow for an efficient program model. (3) Soundness of Approach: Project Plan: Strategy to Effectively Identify the Most at Risk Community Addressing High Risk Households: A major concern of the Community Services/Housing Division is that the most at risk population is not being reached by existing programs. The County proposes to create partnerships with government and non-profit organizations that have contact with at risk communities as part of their daily scopes of work. The partnerships will cause a minimal increase to each partner's daily tasks (since each partner is actively visiting and surveying clients), thereby effectively and cost efficiently identify high risk communities. Below is a brief summary of each agency's experience and how their participation will strengthen the program outcome. The 19th District Guardian Ad Litem Program is a division of the family court system. This network of professional staff and community advocates provide a strong voice in court and positive systemic change on behalf of the County's abused and neglected children. Advocates are first responders that form a close relationship with the families in part by visiting the home. Many of the children are living in substandard or unsafe environments that put them at high risk for illness or injury. The program is already actively recommending home repairs to better these children's lives, but since the majority of clients are very low to low income minor improvements cause a financial burden. The Florida Department of Children and Families manages programs that promote healthy family formations, preventing family disruptions, and securing permanent families for children. The Department runs the statewide child abuse hotline and case managers perform home visits and ongoing home evaluations related to neglect reports. Often parents are required to improve Healthy Homes Demonstration Program St. Lucie County Board of County Commissioners 10 the safety of the home in order to close a neglect case. The department is interested in partnering with St. Lucie County to refer these at risk families to the Healthy Homes program. The Lawnwood Regional Medical Center is a 341-bed hospital. Services include cardiac care, a Level II Neonatal Intensive Care Unit, a Level II Trauma Center, inpatient mental health unit, an inpatient rehabilitation center, diagnostics, and open-heart surgery. Depending on the reason for admission, the hospital assesses daily living needs and the home environment to ensure the patient is not at risk for recurring illness or injury. Through the assessment process, Lawnwood staff will identify patients that meet the program criteria. The Council on Aging is a non-profit agency that provides services to senior citizens. These services include adult day care, homemaking assistance, meals on wheels, congregate dining, personal care assistance, relief services to primary care givers, transportation and recreational activities. Through its current programs, the Council has close relations with at risk elders in need of Healthy Homes Demonstration program services. United for Families is a non-profit agency charged with developing community -based services and supports for children and families served by the child welfare system. They assess the needs of children and their families and connect the family with available resources, like counseling, child care, job training, etc. New Horizons of the Treasure Coast is a private nonprofit organization that serves as the primary provider of behavioral health services for adults and children in St. Lucie, Martin, and Indian River Counties. They provide inpatient and at home mental health and substance abuse counseling services to adults and children. The County hopes this partnership will reach a sector of the community that normally would not seek assistance from the government. The partnering agencies will make first contact with potential clients. The agency case managers will be educated on manners to identify hazards in the home. They will complete a uniform pre- screening form during a home visit that is performed as part of their primary functions. The client will sign a referral information release form that will allow the agency to provide the necessary data to the Housing Division staff person. Client participation will be voluntary rather than mandatory. Referral information will include (when applicable): • Background information — general information about how the agency is assisting the at risk family; • Contact information and basic family income screening; • Any recommendations that have been requested through the legal system; • Medical information if applicable; • Screening form that identifies possible hazards; and • A home assessment completed by certified medical personnel that addresses the client's activities of daily living needs and possible risks that must be fixed to ensure a safe living environment. Healthy Homes Demonstration Program St. Lucie County Board of County Commissioners 11 Housing staff will contact the referred client to complete an application to determine income eligibility. The County proposes to assist clients with income up to 80% AMI, except in extreme circumstances when the client can show medical expenses cause a monthly burden decreasing the available household income to the low income level (will adopt only if allowable by program rules). If the household has already been income qualified within an acceptable period and using methods acceptable to the granting agency, Housing staff will copy the income documentation rather than doubling the work effort (will adopt only if allowable by program rules). The main source of clients will be from partnership referrals. The funding opportunity will be advertised in local newspapers so that no one is excluded. Housing staff will also seek help of grassroots organizations, including churches, to reach those that are less likely to participate. To reach the most at risk population, both owners and renters will be assisted. Based on data provided by the partnering agencies, County staff anticipates a majority of the clients will be very low income renters. As part of the application process, staff will contact the landlord to determine if the owner is willing to participate in the program and adhere to the program requirements. If the inspector determines structural repairs are needed that will benefit the landlord, the landlords will be required to sign a contract stating they will meet the HOME affordability guidelines for the tenant based rental program (as shown in the table below), and the contract will stipulate that the landlord agrees to require the structure with assisted units be a smoke free environment. If the landlord is unwilling to meet these requirements, the County proposes to provide relocation assistance so the client can move to a healthy and suitable unit. Table 6: Rental Affordability Requirement Assistance Amount rdabili Period Less than $15,000 Affo5 years For owner occupied units, eligible clients have routinely dropped out if a deferred payment loan is required. Since a major part of the program focus is to reduce childhood illness and injury, Housing proposes to make the assistance a grant for owner occupied units. Completed applications will be ranked on a monthly basis based upon the seriousness of risk of injury or illness. After applications are ranked, the Housing inspector will complete a home inspection and head of household survey. This meeting will serve as an opportunity to create the work write up as well as time to educate the homeowner of practices that can reduce risks. Healthy Homes Projects will be bid competitively through the approved procurement process. In the event that the client lives in a rental with adjoining units, the feasibility of mitigating the entire structure will be assessed on a case -by -case basis. Determining factors will be the cost estimate, household income of the other units, and whether the entire structure must be updated to create a healthy environment for the applicant. The partnerships will provide the unique capacity to pre-screen potential clients, ensure they are willing to participate, and ensure they have a valid need. The County anticipates the majority of referrals that complete an application will successfully complete the program. Healthy Homes Demonstration Program 12 St. Lucie County Board of County Commissioners Addressing Child Care Facilities: Past Healthy Homes studies have shown childcare facilities have a high percentage of lead based paint hazards. Since young children may spend 8-10 hours per day, in the facility with a high ratio of children to caretakers, there is a high potential for injury as well as exposure to environmental hazards. St. Lucie County proposes to assist day care facilities that care for children less than six years of age to remove hazards that can cause injury and illness. Each facility will be inspected and remediated for the target hazards of this program. In order to qualify the facility must have been built prior to 1978 and be located within a census block with at least 51% low income households. The assisted facilities will be required to provide outreach to its clientele and referrals back to the program if they recognize a need. Facilities will be notified of the funding opportunity by mail outs and public advertisements. Participating facilities will be required to enroll all child care employees in first aid and CPR training. The County proposes to assist 5 child care facilities with up to $25,000 in funding, but requests flexibility to revise this if a larger need is determined. Approaches: St. Lucie County will build upon methods that have been proven to work through previous Healthy Homes programs. The program will include education and intervention. The education component will address all hazards regardless of whether there is an immediate threat since the family may relocate or be exposed at places they commonly visit. Specifics on intervention/remediation are covered on pages 18-21 in the Housing Intervention/Remediation section. Participation Incentives: Group education workshops will be catered and provided at times convenient for the majority of clients. Gift cards to award participation will be given out during the classes. Each client will be given gift cards for functions related to the program goals, such as laundromat coupons and environmentally friendly cleaning products. Community Involvement: Since the referred clients will be involved in programs that require client confidentiality, the County will not be requesting involvement from the community that would require information to be shared. However, the Housing Division respects the opinions of its clients and understands their input is valuable to finding methods to improve the program. Division staff will develop a questionnaire and, if there is enough interest to participate, hold a round table discussion with clients to work together to build upon the program. The Housing Division proposes to use subcontractors as much as possible to allow participation from smaller community organizations that at times are bid out of the larger projects. Grassroots and faith based day care facilities will be notified and invited to apply for remediation assistance. Community Education, Outreach and Capacity Building/Training: Each applicant, including day care facility employees, will be required to participate in workshop/s that will address the Healthy Homes objectives and related hazards, as well as participate in first aid and CPR training. Homeowners and renters will be required to attend a wind mitigation education course and a budgeting course through the University of Florida Agricultural Extension Office. These programs will be advertised to the general public in the quarterly Housing newsletter and in ongoing public outreach campaigns. Healthy Homes Demonstration Program 13 St. Lucie County Board of County Commissioners Outreach Goals: The Housing Division estimates that at least 75 clients and 25 day care employees will attend the budgeting, wind mitigation and Healthy Homes education workshop. If five day care facilities are assisted, staff estimates at least 25 employees will be educated in CPR and first aid. Outreach Materials: The Housing Division will use materials already developed by HUD, the Environmental Protection Agency, the Center for Disease Control, and other Healthy Homes grantees to the greatest extent possible. The forms will be modified if necessary to fit the needs of the program. The Healthy Homes training programs will be provided to the partnering agencies. For the initial program phase, the Division proposes maintaining a smaller network to include the partners, clients, and day care facilities so that the Division can work to streamline the process before expanding. Institutional Review Board Assurance: The Department of Health and Human Services, Office of Human Research Protections (OHRP) was contacted regarding the application scope. The Department stated this project would be exempt from Institutional Review Board approval and OHRP assurance. If the grant application is successful and the funding agency requires confirmation, the Housing Division will seek this statement in writing from a local IRB or from OHRP. Staff and Partner Training and Capacity Building: The key program personnel will enroll in the "Essentials for Healthy Homes Practitioners" course provided by the National Center for Healthy Housing. The course is provided twice per year in Florida. The key personnel will, in turn, use the knowledge and materials gained through training to teach partners and other staff members. Economic Opportunity: The Housing Division understands that it must comply with 24 CFR Part 135 and the Housing and Urban Development Act of 1968 by providing appropriate economic opportunities to Section 3 residents and Section 3 businesses of the target area. This requirement will be included in each contract for contractors, subcontractors, or sub -grantees regardless of the contract amount. Staff will include a requirement that the contractors show compliance by reporting demographics for newly trained or hired personnel as a result of the contract. All procurements will comply with 24 CFR Part 83.36 by being conducted in a competitive manner. Recruitment and Enrollment: The program will be designed to affirmatively further fair housing by: (A) Marketing the program to those least likely to apply based on race, color, sex, familial status, national origin, religion, or disability (especially when persons in these demographic groups are generally not served by the grassroots community -based, Healthy Homes Demonstration Program St. Lucie County Board of County Commissioners 14'- nonprofit organizations, including faith -based organizations or other partner organizations), and selecting units in a manner that effectively furthers fair housing; (B) Providing materials in alternative formats or providing other means of communication for persons with disabilities; (C) Providing materials in languages other than English for individuals with limited English proficiency and their families; (D) Assuring long-term residency by families currently living in the community; and (E) Assuring that priority for treated units go to those who need the features (treatment) of the unit. In trying to identify groups least likely to apply, Census data was inconclusive, because the data does not relate demographics to income levels. Staff was surveyed to identify groups based on the requirements that are least likely to apply. The groups identified are as follows: Group Plan for Outreach African American elders Grassroots outreach through churches to gain trust Severely disabled individuals (mobility related/Deaf community) Provide online application process and phone interviews for disabled individuals/utilize ASL interpreters Hispanic population Haitian population I Provide services/materials in Spanish; grassroots outreach Provide services/materials in Creole; grassroots outreach Monitoring Enrollment: Staff intends to develop a database that will track enrollment and drop outs, as well as each applicant's connection to referrals and demographics to determine what outreach and partnerships were most effective. Past enrollment trends has show that sectors of the African American elder population have a general distrust in governmental assistance. Staff intends to work to build trust by visiting local churches to inform the public of the housing programs. Another issue that causes dropouts is when applicants are discouraged or overwhelmed by the amount of paperwork involved to verify eligibility. Staff has worked to streamline the application and documentation process and has provided extra assistance when the client is discouraged. Many of the clients may have other economic and social issues that cause them to drop out. Staff will try to match clients with other assistance programs (like rent assistance or employment opportunities) to encourage retention. The partner referrals have both pros and cons. Staff is confident the partnership referrals will be effective in identifying the most at risk individuals that are least likely to apply for assistance. By following through with the program, the program will help the family meet their goals as may be required by the referring agency. But referred clients may see the program as a punishment unless staff works to make the process as streamlined and positive as possible. Staff will provide the service to each client in a respectful manner. Insect infestations have always been a sore subject and uncomfortable for housing staff to address in a manner that is not disrespectful to the client. Staff will seek advice from other Healthy Homes professionals on their approaches and work to relate to the clients to make them comfortable inviting the inspector and staff into their homes. Due to the focus on at risk children and elders, the Division has chosen not to require liens or repayment of services provided in order to improve follow through. However, landlords may be Healthy Homes Demonstration Program St. Lucie County Board of County Commissioners 15 unwilling to participate in the affordability requirement. Staff hopes to keep relocation at a minimum by providing the HUD rental limits to these landlords, because the limits are at or close to market values in the County. Unit Assessment and Medical Referrals: Identifying at -risk households: Partner referrals and resident inquiries from grassroots campaigns and advertisements will make up the potential client pool. Partners will be trained on the healthy homes objectives and how to identify the risks. They will be provided a survey form to complete as part of their client intake/home visit process that will help them to effectively identify qualified clients. Resident inquiries will be pre-screened to ensure they would benefit from the program. Identifying at risk day care facilities: Housing staff will enlist the help of the mapping division and the tax collector licensing division to identify day care facilities within low income census blocks. Mail outs will be sent to each facility explaining the program goals, participation requirements, and they will be invited to complete a risk survey form. Prioritizing: Completed applications will be ranked on a monthly basis based upon the seriousness of risk of injury or illness, the amount of high risk individuals served for each project, the potential to keep families together by providing assistance, and their availability of other resources to address the hazards. Assessment tools to establish baseline data: Assessment tools will include: • A survey, either by phone, in writing or in home, depending on the manner the client learned of the program; • An in -home interview in the participant's preferred language; • A home inspection; and • Collection of samples by an environmental contractor. Sample testing will be limited to (as applicable) lead, asbestos, insect and rodent allergens. Medical Referrals: Clients that have been exposed to health risks, such as deteriorated lead paint or allergens, will be referred to the St. Lucie County Health Department. The Health Department is the local branch of the Florida Department of Health, and they are the primary medical provider to very low and low income residents. The Department is responsible for public outreach related to public health risks, and they are the main resource for information related to injury and illnesses addressed by this program. Housing Intervention/Remediation: As described on pages 11-13, in the Soundness of Approach section, the partners will make initial contact for the majority of clientele. Daycare facilities will be notified by mail and be screened and ranked by Housing Division staff. Healthy Homes Demonstration Program 16 St. Lucie County Board of County Commissioners Education will be provided in a group setting and the client will actively participate in the intervention portions that do not require a contractor. The Housing inspector will perform the home assessment with the client heads of households present so they can work together to identify problem areas and create a plan for improvement. In addressing the hazards, the program will be designed to focus on cost effective green remedies to each hazard. The goal of each intervention strategy is to provide remediation that will result in a home that is clean and all hazards have been reduced or eliminated, and then the client will be provided the education and cleaning tools necessary to maintain the environment. Since many of the approaches require changes to daily habits in order to be successful, follow up and recurring home visits will be essential to success. Hazards and Intervention Methods: Allergens: Education: • Importance of washing all bedding in hot water; • Importance of cleaning house regularly, vacuuming thoroughly, using a damp cloth for dusting; • Avoidance of dust catching clutter; and • How humidity affects allergies. Intervention: • Encase pillows and mattresses in allergen proof covers; • Wash all bedding weekly in hot water; • Install allergy air filter in the heating and air conditioning system; • Remove shag carpets/replace with sheet vinyl flooring; • Furniture cleaning with environmentally friendly anti -allergen solution; • Eliminate cockroaches and rodents by protecting sources of food and water; • Install exhaust fans in the bathroom or over the stove to remove excess moisture; • Inspect and remove sources of mold growth such as wet carpeting, rotting flooring, and water -damaged wallpaper; and • Assist client to clean home in extreme cases. Insects and Rodent Pests: Education: • Education on dangers of infestation; • Instruction on removing food sources; and • Follow up visits by case managers and partners. Intervention: • Staff will utilize the Hazard Assessment Tool created by the Community Environmental Health Resource Center: http://www.afhh.org/res/res cehrc htm to detennine the extent of the infestation. The model will be copied with rodent traps; • Exclusion: Weather-stripping and caulking to seal entrance points, install screens on windows; Healthy Homes Demonstration Program St. Lucie County Board of County Commissioners 17 • Eliminate food and moisture sources; • Removal of excess clutter provide breeding areas; and • Integrated Pest Management, trapping and boric acid methods. Lead -Based Paint and Asbestos: Education: • Provide and review the "Protect your Family from Lead" pamphlet to each client, regardless of the age of the unit. • Provide copies of the pamphlet to the landlord to ensure future tenants are properly educated. • For homes that required a lead risk assessment, provide a copy of the results and clearance report to the tenant/landlord. Intervention: • The Housing inspector will perform a visual assessment. • If deteriorated paint is detected, a full risk assessment will be ordered and abatement will be included in the work write up • The program will follow HUD's standard dust sampling protocol. Mold and Moisture: Education: How to avoid mold damage Dangers of mold in the home Intervention: • Inspection and repair of any water leaks • Improve ventilation by install exhaust fans in bathrooms (when mildew is found) • Removal and replacement of water damaged flooring, sheetrock or wood (if the property is owner occupied) Housing staff has opted not to open up walls, unless the damage is visibly minor in order to not cause a situation where the division would be responsible for major repairs to rented properties. Pesticide Residues (dust and air): Education: • Educate on dangers of pesticide use in home • Alternative methods to using pesticides Intervention: • Cleaning instruction • Improve ventilation by installing exhaust fans and installing screens Take-home hazards from work/hobbies and work at home: Education: Healthy Homes Demonstration Program 18 St. Lucie County Board of County Commissioners Awareness education Teach methods of control that will prevent contaminating the home and car Intervention: • If home or vehicles are contaminated, clean up measures Unintentional injuries Education: • Awareness education to stop preventable accidents • Address risks as part of site visit (examples: unprotected trampolines, exposed pools) Intervention: • Installation of smoke alarms • Discuss flammables and keeping hazards out of reach of small children • Removal of burglar bars or installation of burglar bar releases so there are escape routes. • Create a fire plan with entire family • Repair/replacement of faulty flooring that is causing trip hazards • Installation of ramps and grab bars for those at risk for fall hazards • Install anti -scald devices on bath faucets • Install child protection safety devices for homes with small children (medicine cabinet locks, outlet covers, childproof door locks, etc.) Environmental Tobacco Smoke Education: • Awareness education Intervention: • For rental units, ask the landlord set rules to make the building smoke free. • Educate parents on risks to children and ask them to commit to smoking outside • Create a smoking area outdoors to encourage compliance. Lack of Security, Recreational Opportunities, or "Green Space" Intervention: • Visual inspection of all windows, doors and the exterior of the property • Replacement of door locks, window locks, install screens • Fence installation to create a safe play space if home is located near unsafe surroundings Priority: No specific hazard will be prioritized. The main focus of the proposed program is to create the most effective partnerships that will identify the most at risk households. With this in mind, as clients are ranked staff will take into consideration whether any of the expressed risks have the potential, based on past illness or family case status, of causing the at risk individuals the most harm. Effectiveness of remediation will be tracked, but the main focus for data collection will be measuring the effectiveness and efficiency with each partner. Each partner has a unique role within the at -risk community and each community nationwide has similar organizations. Therefore this data can be used when developing partnerships for future projects. Healthy Homes Demonstration Program 19 St. Lucie County Board of County Commissioners Cost Effectiveness: The intervention methods chosen were decided upon based on the low price when compared to results. The methods do not cause a large amount of time for contracting so the program should run more efficiently without being bogged down by the need for bidding on each project. Since contracted improvements will be minor, subcontractors will be able to work directly with the County, minimizing the cost for profit and overhead traditionally charged by general contractors. Client participation is required so the client will feel accomplished when a goal is met and to provide the client the knowledge to keep up the improvements, recycling the investment. To determine the average cost per unit, the costs and services will be maintained by client and by scope in the database. The database will be created as part of the grant program, using Microsoft Access so that a template can be shared with future grantees. Contractor Selection: Contractors will be selected through the competitive bidding process. Since the majority of contracted work will be below the local bid threshold, staff will request information from qualified contractors at the beginning of the grant cycle. These contractors will be notified and staff will request quotes when a project meets their expertise. If another contractor is interested but misses the initial registration, they will be allowed to register late as to not minimize competition. The Division will seek contractors with sufficient training to carry out the functions of the program without extra training. The Housing inspector will be training to serve as the Healthy Homes site assessor. Contractor Compliance: The established bid and quote process sets guidelines for the contractor to comply with all applicable rules and regulations. For projects on properties built prior to 1978, contractors will be required to follow lead safe work practices. Relocation Strategy: Since this is a voluntary program, relocation is not required under the URA. However, with the understanding that clients are very low to low income, the Housing Division has decided to assist client if they are temporarily displaced. Since the repairs do not require major contractual improvements, staff does not anticipate a client needing more than one week out of the property. In these circumstances, funding will be budgeted to allow for stay in a hotel, along with storage expenses, if necessary. Quality Assurance Activities: In order to ensure partners are correctly assessing general needs based on the initial assessment, their assessment will be compared to the housing inspection report. Discrepancies will be noted in the case file and addressed with the partnering case manager to learn and continue with more consistency. Housing staff will track how many units that showed lead risk after a visual assessment actually had lead present. Dust samples will follow the quality control measures established by HUD. The housing manager will perform quality control spot checks on at least 10% of the projects to ensure the Housing inspector is performing detailed and accurate reports. Healthy Homes Demonstration Program St. Lucie County Board of County Commissioners 20 Uniform assessment tools and surveys will be used for each project to ensure results do not vary. Each staff person involved will review and make any necessary changes to the forms and surveys before the program begins. All referrals will go to the St. Lucie County Health Department since this organization understands the program purpose. HUD's Dept Policy Priorities: Providing Full and Equal Access to Grassroots, Faith -based and other Community Organizations in HUD Program Implementation: By using subcontractors rather than general contractors, by lowering the insurance requirements, and by simplifying the bid/quote process, staff anticipates grassroots and other community organizations will be encouraged to participate. By assisting at least five (5) day care facilities, the County hopes to gain local trust and participation in program planning and implementation. Grassroots and faith based day care facilities will be notified and invited to apply for remediation assistance. Promoting Green Development: The intervention strategies were set up keeping green principles in mind. The program will implement green and allergy reducing ways to meet each objective as listed on page the Housing Intervention/Remediation section. (4) Leveraging Resources (8 points) St. Lucie County will leverage $87,500 (10%) towards the program goals. A commitment letter is in Appendix B. (5) Achieving Results and Program Evaluation (13 points) The program goal is to identify and assist the largest amount of at -risk residents with the funding provided. In order to attain this goal, a per unit cap of $12,000 will be provided to each home - based project and a cap of $25,000 for each day care facility. The program will collect data related to health improvements related to the assistance by monitoring frequency and severity of asthmatic episodes, pediatric asthma, hospitalizations, emergency room visits for asthma, falls, and burns. Healthy Homes Demonstration Program 21 St. Lucie County Board of County Commissioners Healthy Homes Demonstration Program Organizational Chart: Community Services Department Housing Project Director Housing Project Manager Housing Project Specialist Community Partners Housing Inspector Contractors Healthy Homes Demonstration Program St. Lucie County Board of County Commissioners 22 ITEM NO. VI-K3 1 = DATE: 11/10/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT (X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Jessica Parrish SUBMITTED BY: Community Services/Housing Division Housing M ge SUBJECT: Florida Division of Emergency Management Residential Constru ' n Mitigation Program (RCMP) Agreement BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001509-6420-334693-600 Small Cities CDBG (Match) PREVIOUS ACTION: August 11, 2009 —Approval to submit application. RECOMMENDATION: Board acceptance of the Residential Construction Mitigation Program grant award, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: (-\Z) APPROVED ( ) DENIED ( ) OTHER Approved 5.0 CoordinatioNSianatures CONCURRENCE: Faye W. Outlaw, MPA County Administrator County Attorney ( ) OMB Director ( ) Budget Analyst C, Daniel S. McIntyre Marie Gouin Sophia Holt Originating Dept. ( ) Beth Ryder I] Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Directorate FROM: Jessica Parrish, Housing Manager DATE: November 10, 2009 SUBJECT: Florida Division of Emergency Management Residential Construction Mitigation Program (RCMP) Agreement ITEM NO. VI-K3 Backaround: RCMP provides funding to low and moderate income residents in support of wind mitigation to include retrofits, education, inspections, and related activities. Five homes will receive wind mitigation and over 200 residents will receive wind mitigation education. All retrofits✓installations will tie together aspects of wind mitigation to the maximum degree possible including strengthening, secondary water barriers and other potential interventions as identified in the grant award. This comprehensive approach includes pre and post inspections to provide the scope of work and to certify completion. The award amount is $100,000 and a $50,000 match will come from Small Cities Community Development Block Grant. Recommendation Board acceptance of the Residential Construction Mitigation Program grant award, and authorization for the Chair to sign documents as approved by the County Attorney. Attachment: Subgrant Agreement Memo #10-013 Contract Number 10-RC-26-10-6"1 STATE -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 Board of County Commissioners, (hereinafter referred to as the "RedpWW). 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 Mans 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 RUi E r2EG a ATIONS AND POLICIES The Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including those identified in Attachment B. (3) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties, and shall end June 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, Recipienrs performance under this Agreement shall be subject to the federal ACommon Rub: Uniform Administrative Requirements for State and Local Governments" (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 Govemments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for -profit) organization on a cost -reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. (b) The Recipient shall retain sufficient records to show, ib compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, 1 for a period of No 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 fire years from the dots the audit report is issued, unless extended in writing by the Division. The fire 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 Ave 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 Ave years after final disposition. 3. Records relating to real property acquired shall be retained for five years after the closing on the transfer of tide. (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 coats, 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 (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 (d) If the Recipient is a nonstate entity as defined by Section 215.97, Fla. Stet. 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 Redpient, the Recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Fla. Scat ; applicable rules of the Executive Office of the Governor and the Chief Financial Ofter; 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 Stab financial assistance 2 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 or pawthrough 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), Fis. Stat. and Chapters 10.550 (local governmental entitles) 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. Stet. 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. Stet 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 Redpient's resources obtained from other than State entities). Additional information on the Florida Single Audit Act may be found at the following website: httn:/hvww.state.fl.ustfsaa/statutes.html. (a) Report Submission 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of financial reporting packages required under this Paragraph 6 shall be submitted by or on behalf of the Recipient 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 aurllls.parrish@dca.state.fl.us] and Division of Emergency Management Residential Construction Mitigation Program 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), Rubs of the Auditor General, as applicable. S. 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 entitles) or 10.650 (nonprofit and flor-profit orgonizations), Rubs of the Auditor General, should indicate the date that Bre reporting package was delivered to the Recipient In correspondence accompanying the reporting package. M 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 shaN be held Noble 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. (9) The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Smi by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stet 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 Recipients fiscal year. (7) REPORTS (a) The Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Recipient and all subreciplents and subcontractors in completing the worts 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 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative closeout 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 30 days after termination of this Agreement or 30 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 Dellverables and Scope of Work are being accomplished 4 within the specified time periods, and other perlbrmance 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 procedureWprocesses deemed appropriate by the Division. 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 bons 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 perbrmance and financial management by the Recipient throughout the oonb tern to ensure timely completion of all tasks. (9) LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Ek §WL 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 parries arising from the work performanoe 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, sue, 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, Stet 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. 5 (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (d) if the Recipient has failed to perform and complete on time any of its obligations under this Agreement. (11) REMEDIES If an Event of Default occurs, then the Division may, alter 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 bast thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first doss mail, postage prepaid, by registered or certified mail-retum receipt requested, to the address in paragraph (13) herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) VNthhold 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 intonation 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 some right or remedy by the Division for any other default by the Recipient. (12) TERMINATION. (a) The Division may terminate this Agreement for cause Mier 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. StaL, 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. 6 (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 noftation of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incuned 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 taw, 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. (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: Dexter Hared, Community Assistance Consultant Residential Construction Mitigation Program Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: 850-413-9820 Fax: 850-413-9857 Email: Dexter.Harrolloem.myAorida.com (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Jessica Parrish, Housing Manager St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Pieroe, Florida 34982 Telephone: 772-462-2375 Fax: Email: parishjOstlucleco.org (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. • i IX i If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor, is bound by the tears of this Agreement, (ii) the subcontractor Is bound by all applicable state and federal laws and regulations, and (Ili) the subcontractor shall hold the Division and Redplent 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 subcontractors 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. Stet (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 N 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 — Budget and Scope of Work Attachment B — Program Statutes and Regulations Attachment C — Request for Reimbursement Attachment D — Reports Attachment E — Justification of Advance Attachment F — Warranties and Representations Attachment G — Certification Regarding Debarment (17) FUNDING/CONSIDE ATION (a) This Is a cost -reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $1-� subject to the availability of funds. (b) Any advance payment under this Agreement is subject to Section 210.181(16), Fla.Stat. and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b) of this Agreement. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, /N110, A-122 and the Cash Management Improvement Act of 1 goo. 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 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. 8 An advance payment of jQ is requested (c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this Agreement If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial OtTicer or under subparagraph (20)(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. (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 returned 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 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 information, representations, and materials is 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 be taken as an original. (a) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et sea.), which prohibits discrimination by public and private entities on 9 the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. (f) Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $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, certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or locan transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. are not presently indicted or otherwise criminally or civilly charged by a govemmental entity (federal, stab or local) with commission of any offenses enumerated in paragraph 19(9)2. of this certification; and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) bmninated for cause or defaulL 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 complebsd "CertMcation Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment O) for each intwWod subcontractor which Recipient plans to fund under this Agreement The form must be recelved by the Division before the Recipient enters into a contract with any subcontractor. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat or the Florida Constitution. (1) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. Stat• 0) Any bills for travel expenses shall be submitted in accordance with Section 112.061, fJL 10 (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. Sit , which the Recipient created or received under this Agreement. (1) 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 (11W)]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(s) 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, ) with respell 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_SIAL (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 subreciptents 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 11 entering Into this transaction imposed b Section 1352, Title 31, U.S. Code. y Any Person who fails to Ak 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 PATENTAND T ant:MAgK 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 a pre-existing patent or Copyright the Recipient Shan retain all rights and entitlements to that pre-existing patent or Copyright unless the Agreement provides otherwise. (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 DNiSion for a determination whether the State of Florida win seek patent Protection in its name. Any patent rights accruing under or in connection with the Periommance of this Agreement are reserved to the State of Florida. If any books, manuals, Alms, or other copyrightable material are produced, the Recipient shall notify the Division. Any copyrights accruing under or In connection with the perb mane 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 an rights and entitlements to any p% existing intellectual property which is disclosed. Failure to disclose will indicate that no such The Division shall then, under Para property exists. 9 Ih (b), have time right to all patents and copyrights which accrue during performance of the Agreement. (22) t g AUTHORI erinu The Recipient certiAes 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 unde rsigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. (23) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment I. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RECIPIENT: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By: Name and title: Date: FIDS STATE OF FLORIDA DIVISION OF EMERGENCY MANGEMENT By: Name and Title: Ruben Almaguer, Interim Division Director Date: 13 EXHIBIT —1 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: i111.1��:1[-]•" lye 111� �" - 1 • SUBJECTTO • , • - ll - 1-; l.-r GL.F. L' -�' �. r1�_ 1-. • -11 ' '�l- -� 11 IL'll- !l: 1 • L- �'=1.- • l' .:•. •11' li'.- �1.- ll - 1 L• ill •.l •l./ l '.-1 •i. 14 - • r.'1 • ci•1� •.1 • . r .-. l.r- -l.[=_ L ri' �J =.1 1 7t=lt-1 -c State Project - State awarding agency: Division of Emeirgen y 1111m.._..—__... Catalog of State Financial Assistance title: Mitiastion Proaram Catalog of State Financial Assistance number: $1� (amount) COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Only the goods and services described within the attached Agreement and Attachment A are eligible expenditures for the funds awarded. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(8), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. 14 Attachment A Budget and Scope of Work St. Lucie County proposes to utilize $100,000 in funding to mitigate five single family owner occupied households that fall within the range of low to moderate income, as well as to provide preparedness education. The aoolicatieon is submitted under Cahoon 1 — Residential Mitigation Retrofit Program. The County will partner with the University of Florida institute of Food and Agriculture Sciences (UF/IFAS)/St. Lucie County Extension Services OMce, which wig provide the hurricane preparedness education. Windstorm Damage Mitigation Program The St. Lucie County Community ServioeslHousing Division will fund the retrofitting of five single family homes as they are simultaneously rehabilitated through the CDBG Small Cities program. Each qualified residence will be inspected by a Blueprint for Safety trained inspector before and efor project completion in order to evaluate the structure, formulate a work plan, and ensure project completion. Retrofitting measures will comply with the Blueprint for Safety Manual and include: • Protecting/upgrading windows, entry doors, sliding glass doors, gable end vents, and skylights; • Upgrading/replacing garage doors and track systems; • Installing hurricane straps or other hardware to increase the stability of roof to wall connections; • Gable and wall bracing; • Secondary water barrier installation; • Upgraded roof coverings and installation methods; • Exterior wall strengthening; • Foundation anchoring and bracing; and • Securing yard structures, such as sheds, that could become windbome debris during a storm. Prolect Timeline: The Community Services Department/Housing Division has sufficient staff and training to Initiate the program upon contrail The projects will be completed within the one-year timeframe as follows: January 2010 Publish Notice of Funding Availability for residents February 15 —April 15 Application intake and approval process April 16 —May 16 Pre -mitigation inspection and work write up completion May 16 — June 30 Seek competitive bids for retrofit work/Award to lowest qualified contractor July 1 — October 30 Retrofit contract period (3 months) - Project progress inspections by building officials and housing inspector November 1 — November 30 Post -mitigation final inspection/completion of work December 30 Contract end date Education Program: Hurricane Home Windstorm Mldgatlon and Personal Proper mess St. Lucie County will partner with the University of Florida's Institute for Food and Agricultural Sciences (UF/IFAS)/St. Lucie County Extension Office to provide hurricane preparedness and windstorm damage mitigation education to each applicant and other housing program applicants. The education program will build upon the existing programs at the St. Lucie County Windstorm Damage Mitigation Training and Demonstration Center. The 'Hurricane House' is one of Hour regional facilities funded by the Florida Department of Insurance and other donors, and designed and constructed under the supervision of the University of Florida's Shimberg Center for Affordable Housing. The center provides residents with a hands- 15 on education approach and provides them with the opportunity to see benefits for available retrofits. The education portion will include monthly workshops and printed materials with the following curriculum: ' Home windstorm mitigation (inside and outside) • The effects of wind on building envelopes • Developing a yearly home mitigation plan • Personal preparedness and recovery planning The educational material will be available in Creole and Spanish to meet the diverse population needs Expected BeneAts Since 2004, the St. Lucie County Community Se►vices/Housing Division, and local non -profits and the long term recovery organization, have spent millions In grant funding to repair hurricane related damage for low to moderate income residents. Understanding that the county remains vulnerable to future storm events, every possible resource is sought to further the goal of protecting its residents and minimizing future damage. This grant will assist in attaining that goal. Recently the County and the INTACT assisted over 500 county residents by funding mitigation measures through the My Safe Florida Home program. This grant opportunity would be a continuatkm to the work started through the program and will provide mitigation measures for low to moderate income properties. Eligible applicants will benefit greatly by securing their properties, increasing the property's value, and by reducing insurance premiums. Education program participants will be better prepared for future storms and have the knowledge and abilities necessary to make informed decisions about planning and retroAtting their properties to better withstand hurricane force winds with reduced damage. The proposed actions most Priority Area A in the following ways: • Implementation of projects as identified in the State Hazard Mitigation Plan (SHMP) o The retrofit program will meet Goa/ 2. Support dN dMw/opmwrt and enhancement of local ceps"hy to Praatke hazard mldgadon by providing hazard mitigation funding to St. Lucie County low to moderate income residents; o The public education program will meet Baal 3. Increase publk and private sector awareness and support }tor disaster loss edlucadon practices as a meens of develop ft a culture of farad midg�atfoe In F/orikti by increasing the public's awareness of mitigation Practices; and o The retrofit program will meet Goal S. Protect dse stab's cultural, economic and naturel resources by following federal environmental review regulation 24 CFR part 58.5 and by considering State Historic Preservation Office (SHPO) comments when applicable (as required with CDBO mate funding). • Implementation of projects as identified in the Local Mitigation Strategy (LMS) (backup documentation is attached): o The public education program meets LMS Project No. 128: "Wodahaps and assessment of r"kft7W structures — To reduce the loss of N1M ant Pop' Comnwnity Servkae; SL Lucie County EWWWAon and the Unlverady of Abrkb will Provide workshops and assessment of resldMn W structures to determine how to strengthen deem to **hstand hunkane force winds. EdlucadwW mebrials wdNi also be Included." o The retrofit program meets LMS ProjectNo. 157: "Provision of hurricane shutters liar vwy-low, low and moderate Income horneownere to Protect against wind-borne profeedhOs." 16 • Projects can be initiated and completed within the grant contract period (see page 5 - Project timeline). • CDBG funds and in kind match will be leveraged to complete this attached). Project (commitment letters are Long and Short Tenn Tangible Project Benaft The Proposed Project will have many short term tangible benefits. Participating mitigation retrofits that will strengthen their homes, increase theihomeowners will receive premiums, increase their sense of security, and reduce the likelihood of damage value, decrease insurance The economic downtum has caused a shortage inspectors, and suppliers will receive a m of work in the private sector. Participating c ontrectors needed boost through this proposed project• This residential mitigation project will also have long term to SeroiceWHousing Division is the administrator for the Hurricane benefits. Recovery Ludo County Community Disaster Recovery program, the State Housing Initiative Program Program, the CDBG Consortium, the Small Cities CDBG rbgr (SHIP), the St. Lucie County HOME serves at least 200 a rem' and �° Neighborhood Stabilization Program. The division windstorm dame m. applicants in an average year, and these applicarrts will be 9e mitigation and personal preparedness training. The mitigation required to attend the grant opportunity will be a continued using rehabilitation fundingsources with the of in this ten clients per year. The County also works close goal of assisting at least ensure the most needy and with c Long Tenn Recovery Organization (LTRO) to groabst number of residents corn be assisted. By requiring that all program aPPlicants complete the education course, these clients will make better informed decisions when purohas1 g a first home, making repairs that could Include retrofits, and when clients will continue to further the kn �OOsing cone. The well fnfbr mad creating a hurricane owbdge they tamed by sharing R with their colleagues and families. By Preparedness plan, the participating families will be at less risk of danger during future storms. The damage after past hurricanes overwhelmed the local decreasing the number of at -risk residents of the community government and non-profit agencies. By Prepared and increasing the capacity�° °OUfny will be closer to its goal of being Furthermore, the mitigation to reach all residents in need after future hurricane events. reach others in need with the limited amount Of Post -disaster ures will decrease the �related funding fbr disaster grants so available. that the County can ng Measurable outputs will include, and success will be measured by: • Number of workshop participants — a minimum of 205 during the 12_month funding (205 pankipants includes all Community Services/I•lousing applicants and the 5 RQWp dients) • Number of windstorm retrofitted homes — a minimum of 5 Is anticipated. The objectives of this program will be continued after the 12-month fudin • Continuation of hurricane mitigation education to the public; g Prod through: • Ongoing distribution of educational materials to the public; • "Word of mouth' sharing of information by though attending the education class; • Use of other rehabilitation funds to assist an estimated ten clients per year with mitigation strategies as allowed; and • Continue seeking resources for mitigation of low to moderate homes. 17 EXPENDITURE CATEGORIES 1. Salary & Benefits 2. Other Personal/Contractual Services pro/post Mitigation Contractor Fees Mitigation Contract Fees 3. Administrative Expenses 4. Expenses Travel Printing Fact Sheets Printing Hurricane Manual (600 x $1.33) Office Supplies Radio Advertisements Laptop Computer w/Projector Safe Room Demonstration Model Training Materials/Models 5. Operating Capital Outlay Weather Radios ($60 each) 6. Fixed Capital Outlay Hurricane House Construction Value TOTAL EXPENDITURES PERCENTAGES CASH IN -KIND TOTAL RCMP TOTAL MATCH SERVICES GRANTEE AWARD I PROJECT MATCH COSTS COST A B A+B=C D C+D=E $35,476 $35,476 $35,476 $2,500 $50,000 j $50,000 $71,140 $2,500 $121,140 $5,000 $5,000 I $2,000 $2,000 4 _ , $560 $560 i $800 $800 $500 $500 $10,000 $10,000 - I $2,200 $2,200 $500 $500 $4,500 $4,500 $300 $300 $250,000 $250,000 $250,000 $50,000 $285,476 $335,476 $100,000 $435,476 11 % 66% 77% 23% 100% 18 Cash In -kind Total Grantee RCMP Total Project EXPENDITURE CATEGORIES Match Services Cost A+B=C Award Cost C+D=E Match A B D 1. SALARY AND BENEFITS 2.OTHER PERSONAL / $3,750 $3,750 $2,500 $6,250 CONTRACTUAL SERVICES 3. ADMINISTRATIVE EXPENSES 4.EXPENSES 5. OPERATING CAPITAL OUTLAY 6. FIXED CAPITAL OUTLAY $71,250 $71,250 $47,500 $118,750 TOTAL EXPENDITURES $75,000 $75,000 $50,000 $125,000 PERCENTAGES 60% 0% 60% 40% 100% Budget Narrative Explanation and Justification of Line Items Salary and Benefits: Services necessary to initiate, manage, and continue the projects will be provided by St. Lucie County Community Services and the University of Florida IFAS/St. Lucie County Extension. St. Lucie County Community Services stW.. Housing Manager 5% focus $ 4,850 Housing Project Coordinator 10% focus $ 8,981 Housing Program Specialist 25% focus $20,079 (Decrease by $5,000 for Administrative Expenses line item) ($ 5,000) University of Florida IFAS/St. Lucie County Extension Staff Family Consumer Science Agent 10% focus S 6.566 Total Salary and Benefits $35,476 2. Other Personal/Contractual Services: On each home, an estimated $14,228 for mitigation and $500 for pro/post-mitigation Inspections will be spent from RCMP funds, totaling $73,640 for five projects. Small Cities CDBG match funds, in the amount of $50,000, will supplement the mitigation budget. The amount to complete each project was determined using the following project costs, based on past project expenses. Product materials will depend on the most feasible method to rehabilitate and mitigate the unit, factoring in the soundness of the unit (i.e.: windows, roof soundness) and the abilities of the client (i.e.: disability restrictions) to install mitigation materials. 19 'RumIn um" Expenses: An indirect cost of $5,000 (5% of funds requested) will be used to fund a Portion of the Community Services staff salaries and benefits. 4. Expenses: • Travel in -county to train Windstorm Damage Mltigatlon • Printing Fact Sheets $ 2,000 • Printing 600 Hurricane Manuals @ $1.33 each $ 560 • Office Supplies $ 800 • Radio Advertisements $ 500 • Laptop Computer w/Prqjector $10,000 • Safe Room Demonstration Model $ 2,200 • Training Materials/Models $ 500 $ 4,500 S. Operating Capital Outlay: Provide NO clients with NOAA weather radios at $60 each. 6. Fixed Capital Outlay: • Hurricane House construction value offered to project. $250,000 Grant funds will cover twelve months of costs, including benefits, in the development/delivery, program management, construction knowledge, and outreach/collaboration with other agencies. Matching Funds The Board of County Commissioners committed $50,000 in Small Cities CDBG match funds (50%). The funds will be used for the rehabilitation on homes in St. Lucie County that will receive mitigation retrofits through the RCMP program. The St. Lucie County Community Services/Housing Division and the OF/IFAS/St. Lucie County Extension Office have committed a total of $ 285,476 in -kind grant funds. Commitment letters for the match funds are attached. A total of 335% match has been committed. 20 Attachment C DIVISION OF EMERGENCY MANAGEMENT Request for Payment under the Residenthd Coustracdon MAWIDs program SFY 20W10 SUBGRANTEE NAME: SL Luck County Board of County Commissioners ADDRESS: 2300 Virginia Avenue CITY, STATE, ZIP CODE: Fort Pierce, Florida 34982 Date of Payment: DCA Agreement No: Payment No: Claim Period: oT AD IN EXPENSES OPERATIN(} TOTAL PERSONAL EXPENSES CAPITAL CLAIA! DCA USE ONLY CONTRACTUAL OUTLAY APPROVED COMMENTS SERVICES TOTAL CURRENT REQUEST $ I certify that to the beat of my knowledge and beHef the above accounts are correct, awl that dl disbursements were made in accordance with aU conditions of the DCA agreement and payment Is due and has not been previously requested for these amounts. SUBGRANTEE SIGNATURE DATE TO BE COMPLETED BY THE DEPARTMENT OF COMMUNITY AFFAIRS APPROVED PROJECT TOTAL S GOVERNOR'S AUTHORIZED REPRESENTATIVE ADMINISTRATIVE COST $ APPROVED FOR PAYMENT S 22 Attachment C-1 Subgrantee: I Project Number. Claim Number. Vendor Description of Services Provided Date Paid Check Amount Number Page Total 23 Attachment C-2 Subgrantee: I Project Number: Claim Number: Vendor Description of Services Provided Date Paid Chedt Amount Number Page Total 24 Attachment C-3 Subgrantee: I Project Number. Claim Number: Vendor Description of Sendoes Provided Dais Paid Check Amount Number Page Total 25 Attechnwnt C-4 0 �� AWIPT 26 Attachment D RESIDENTIAL CONSTRUCTION MITIGATION PROGRAM LOW -TO -MODERATE INCOME RETROFIT PROJECT QUARTERLY PROJECT PERFORMANCE REPORT Subgrantee: Name of Person Completing Report: Title: Subgmnt No.: Subgmnt Period: Project Name: The Quarterly Project Performance Report (OPPR) is due 15 days after the and of the each calendar auarterneriod or the end of the subarant manor whichever oocws first For example, a report covering the calendar quarter period of October 4 through December 31 must be received by the Department of Community Affairs no lacer than January 15. However, if the subgrant period ended on November 30, the report would be due no later than December 15. If you have questions regarding this report, please call the Department of Community Affairs at (850) 922-4079. Record Report Number, Quarterly Period, and Dab Submitted Below: Report Number Quarterly Period Ending Dab Submitted (Mo/bey/Yr) (1, 2.3. oft.) Final Reports should include the word FINAL after the report number ff Overall Assessment and Benchmark Comparison of Project Aadvitles: 1. As of the end of the reporting period, how many homes have been scheduled to receive retrofit services under this project? 2. As of the end of the reporting period, how many homes have received retrofit services under this project? 3. What is the total amount of subgrant funds expended by the end of the reporting period: _U 4. Projected (or actual) completion dets of all retrofit activities: 5. Provide a brief narrative description summarizing activities that occurred during the period covered by this report. Indicate whether the project progressed accordingly and whether corrective action W"s required. If corrective action ishm required, describe it Begin below and use additional pages as necessary. 27 Attachment E JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: Indicate by checking one of the boxes below Ifyou are requesting an advance. It an advance payment is requested, budget data on which the request is based must be submitted. Any advance payment under this Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be advanced shall not exceed the expected cash needs of the Recipient withim the bdthd 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. [ I ADVANCE REQUESTED Advance payment of S is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. ADVANCE REQUEST WORKSHEET If you are requesting an advance, complete the following worksheet (A) (B) (C) (D) FFY 200 FFY 200 FFY 200 Total DESCRIPTION 1 INITIAL CONTRACT ALLOCATION 2 FIRST THREE MONTHS CONTRACT EXPENDITURES' 3 AVERAGE PERCENT EXPENDED IN FIRST THREE MONTHS (Divide lime 2 by line 1.) 1 First three Booths expeoditures need only be provided for the years Is wbleb you requested as advance. If you do not bare tbb information, call your consultant and they will assist you. MAXIMUM ADVANCE ALLOWED CAL in ATION: X $ Cell D3 DEM Award (Do not include any match) 28 MAXIMUM ADVANCE The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of Interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, 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. 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 8:00 a.m. to 5:00 p.m. Licensina and Permittina 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. 31 Attachment G N AnMkinlwy 3ubconbactor Covered Transactions (�) The prospective subcontractor of the Recipient, certifles, 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 Name and Title Street Address City, State, Zip Date Recipient's Name DCA Contract Number 32 CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Amendment to FY 2009 Budget BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Various funds (see attached) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to adopt Budget Resolution 09-311 amending the FY09 budget. COMMISSION ACTION: CONCURRENCE: �1 APPROVED ( ) DENIED ( ) OTHER =- Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures t Attorney X Budget Manager (X county Y ( ) Jennifer Hill . Dan McIntyre Originating Dept. ( ) (Name) ERD ( ) (Name) Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: November 10, 2009 SUBJECT: Amendment to FY 2009 Budget ITEM NO. VII-A Background: This Budget Amendment will recognize revenue that exceeded the budgeted amount and establish budgets for interfund transfers. The Law Library Fund (625) revenue was increased by $3,614. The following transfers between funds are included in this amendment: • $867,000 from the Port Fund (140001) to the Airport Fund (140) to cover the cost related to the sale of the spoil site; • $5,672 from the Fine & Forfeiture Fund (107) to the Court Administration Fund (183) to cover the cost related to the usage of court innovation funds; • $275,000 from the Airport Fund (140) to the General Fund (001) to apply the golf course rent received from the General Fund against previous subsidies from the General Fund; • $371 from FHFA Hurricane Housing Recovery Fund (185008) to FHFC Hurricane Housing Recovery Plan (189201) to correct an error related to a voided check; • $425 from the Airport Industrial Park Capital MSBU Fund (39004) to the Transportation Trust Fund (101001) to reflect the closing of fund 39004; and • $4,436 from the South 26th Street MSBU Capital Fund (39006) to the Transportation Trust Fund (101001) to reflect the closing of fund 39006. These FY 09 budget transactions were posted to the accounting system early in order to facilitate closing the books in a timely manner. Previous Action: September 18, 2008 - The Board held a Public Hearing and adopted the FY09 budget. October 13, 2009 - The Board granted permission to advertise a Public Hearing on this matter. Recommendation: Board approval to adopt Budget Resolution 09-311 amending the FY09 budget. RESOLUTION NO. 09-311 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, staff revised certain revenue estimates, determined the need to establish transfers between funds, and WHEREAS, it is accepted financial practice to amend the adopted budget to revise revenue estimates or establish transfers and, 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 10th day of November, 2009, pursuant to Section 129.06 (d), Florida Statutes, that the County's budget is hereby amended as reflected in attachment "A", which is incorporated as part of this resolution. 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 11th DAY OF NOVEMBER, 2009. 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O otf r Z c m c a a� 0 =1 LL Q aN N 3 LLLL (D f- U- Q Q d LL U LL LSL Q Q (n (n J N M V (O 00 I- co O O � N M V (O (D O O) N N M O N O O N N 00 O N TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: ITEM NO. ADD j III DATE: 11 /10/09 AGENDA REQUEST REGULAR (X ) BOARD OF COUNTY COMMISSIONERS Grants / Disaster Recovery Legislative Issue Requests See attached memorandum. N/A. PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( ) PRESENTED BY' William Hoe— ner� Director P and Legislative Issue Requests for rs ntate Homends for and Hospital Billings Bill ngs were submitted tion Disadvantaged, and Medicaid Nursing in each of the past four years. ne Board authorization to submit eight Legislative tive issueDelegationRas out ned dequests anthe attatched er of Support to the St. Lucie County L g memorandum. COMMISSION ACTION: ( APPROVED ( ) OTHER Motion to approve the eight legislative issues presented with the change on item 1-B and on item 9 the re -arrangement of the language as presented. County Attorney ( ) DENIED Approved 5-0 (X) Coordination/Signatures Daniel McIntyre Grants / Disaster (X) Recovery. 41iioeffner CONCURRENCE: Faye W. Outlaw, MPA County Administrator , boo �COU NTY ST. LUCIE COUNTY i + GRANTS / DISASTER RECOVERY DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: William Hoeffner Grants / Disaster`ecovery Director DATE: November 10, 2009 SUBJECT: Legislative Issue Requests ITEM NO. VIII Background• This agenda item is to secure the Board's authorization to submit eight Legislative Issue requests and one letter of support for the following items: 1. Senate Bill 360 2. Criminal Conflict Counsel 3. Repeal of Chapter 2009-49, Laws of Florida regarding Impact Fees 4. Paper Ballot Voting Machines 5. Support for the Department of Community Affairs 6. Renewable Energy 7. State Trust Fund For SHIP and Transportation Disadvantaged 8. Medicaid Nursing Home and Hospital Billings 9. Letter of Support — Fort Pierce Farms Water Control District It is St. Lucie County's practice to secure the approval of the Board of County Commissioners for Legislative Issue Requests at a meeting where public input is permitted. The following are proposed Legislative Issue Requests. 1. Senate Bill 360 Relative to Senate Bill 360, it is recommended the Legislature consider the following: A. Section 12 of SB 360 eliminated the DRI requirement for local governments qualifying as dense urban land areas (DULAs). This exemption removed a critical process for dealing with the extra - jurisdictional impacts created by DRIs. The only jurisdictions to apparent remaining mechanism for other participate in addressing the extra -jurisdictional impacts of large, regionally impactive development is now through Chapter 186.509 Florida Statutes dispute resolution process via the regional planning council. This is problematic for a number of reasons, including: • The mediation process for DRI-scale development through the regional planning council is vague, nonbinding and virtually untested on the Treasure Coast; • Interested jurisdictions will not be notified of large developments in neighboring jurisdictions or be able to review and evaluate impacts until some unknown time in the review process. This will likely lead to more delays and result in more legal action rather than less. The removal of the DRI process to deal with extra -jurisdictional impacts of large-scale development can be rectified in a number of ways, including: • Restoration of the DRI process or portions of the DRI process that deal with extra - jurisdictional impacts — particularly transportation; or • Insertion of requirements that local governments coordinate review of DRI-sized developments with adjoining local governments at the outset of the development review process and address/mitigate issues identified by adjoining local governments created by the proposed development in the development order. B. The legislature should implement the mobility fee concept to replace traffic concurrency. The mobility fee concept should include "vehicle miles traveled" as a disincentive to promoting "leap- frog" development and urban sprawl. 2. Criminal Conflict Counsel Given that Article V of the Florida Constitution states that no county is required to fund court - appointed counsel and that the state is "wholly responsible," the County requests that the State Legislature fully fund the offices of criminal conflict and civil regional counsel and delete all requirements for County funding. The County is currently a named plaintiff, along with a number of other counties, in a lawsuit filed against the State concerning this issue. The matter is currently pending before the Florida Supreme Court. 3. Repeal of Chapter 2009-49, Laws of Florida regarding Impact Fees Chapter 2009-49, Laws of Florida, approved by the Legislature during the 2009 session, has greatly restricted the ability of local governments to impose impact fees. The language of Chapter2009-49 reads as follows: In any action challenaina an impact fee, the government has the burden of proving by a preponderance of evidence that the imposition or amount of the fee meets the requirements of state legal precedent or this section. The court may not use a deferential standard. Both the "preponderance of the evidence" standard and the elimination of the "deferential' standard greatly restrict the ability of local governments to impose impact fees to offset the costs of growth -necessitated capital improvements. Various local governments are discussing the potential filing of a lawsuit to contest the validity of the law as adopted. The County requests the Legislature repeal the provisions of Chapter2009-49. 4. New Voting Machines In 2007, the Florida Legislature, at the request of Governor Charlie Crist and Secretary of State Kurt Browning, voted to make Florida a "paper ballot" state by enacting F.S. 101.56075, which requires the conversion from touch screens to paper ballot. The hope was that by 2012 additional ADA voting systems would be developed and certified in the state. That has not occurred. Today, sixty-three (63) counties use touch screens. The Florida State Association of Supervisors of Elections has estimated the cost will be nearly $35 million dollars to convert to paper ballot. Due to the economic pressures on Boards of County Commissioners around the state and the fact that new technology has not developed, an extension of this requirement is requested from 2012 until 2016. 5. Support for the Department of Community Affairs The legislature should maintain the Department of Community Affairs (DCA). The DCA provides a vital growth management function and helps local governments preserve the quality of life established in our local comprehensive plans. The legislature should not consider sunsetting DCA. 6. Renewable Energy Florida should adopt a Renewable Portfolio Standard (RPS). The RPS would establish meaningful standards for renewable energy alternatives in the state and help promote investment by both public and private sectors. The study by Navigant Consulting, recently commissioned by the Florida Public Service Commission (PSC), identifies the most technologically viable renewable energy alternatives in the state. The number one alternative identified in the study is rooftop solar. Florida needs to aggressively pursue and promote rooftop solar and other highly recommended renewable energy technologies. The state should also provide opportunities for private investors and individual homeowners to be a part of distributed generation, allowing for fair participation of Florida residents in the production of power. The RPS would utilize a Renewable Energy Certificates program to stimulate new markets for private solar companies to invest more significantly in Florida. Solar Financing programs should also be created to enable low or no interest loans for individual homeowners to cost-effectively install rooftop solar. Rooftop solar is not only the number one renewable energy technology recommended by the experts in Florida, but widespread installation on individual homes and businesses would help employ the hardest hit job sector in the state (i.e., construction). Large-scale rooftop solar initiatives would also entice solar companies to relocate to Florida and promote further research and manufacturing in the state. St. Lucie County encourages our Legislators to adopt these new renewable energy standards to promote energy independence, much -needed jobs, safeguard the environment, and stimulate the overall economy. 7. Medicaid Nursing Home Billings The Agency for Health Care Administration (AHCA) has proposed increasing the monthly share that the County currently provides for Medicaid Nursing Home billings from $55.00 to $202.00 per month per client. This increase would represent an increase of over 247%. Any increase in the per -client share would severely impact the County's budget. Currently St. Lucie County budgets $400,000 for Medicaid Nursing Home billings. The 247% increase would require the County to budget $1.39 million, an increase of almost $1 million. The aging population and the population growth have increased the County budget responsibility without any change in the $55.00 share. Therefore, it is very important that the current required level of responsibility remain constant or decreased and not increased. 8. State Housing Initiative Program (SHIP) And Transportation Disadvantaged Trust Fund Two programs that have been funded by Trust Funds that were established through user fees are the State Housing Initiative Program (SHIP) and the Transportation Disadvantaged (TD) program. These two programs provide vital services that assist our most vulnerable citizens with a hand up rather than a hand out. St. Lucie County urges our delegation to only allocate the SHIP and the TD Trust Funds for those two programs and not divert the funds to the general fund. Additionally, the repeal of the cap on the Housing Trust Fund is necessary to keep the SHIP funding as a viable source of funding for housing the elderly, the infirmed and our essential workforce. 9. Letter of Support — Fort Pierce Farms Water Control District The Fort Pierce Farms Water Control District has requested the County provide the required letter of support to extend the life of the District, which currently expires in 2017. The Board of County Commissioners (BOCC) supports extending the life of the District to December 31, 2050, contingent upon the execution of an interlocal agreement with the District prior to March 2, 2010. The interlocal agreement will address issues, including but not limited to, providing the BOCC an ex-officio seat on the District governing board, revising district boundaries and the implementation of the Towns, Villages, Countryside Element of the Comprehensive Plan and associated flow way. Recommendation Board authorization to submit eight Legislative Issue Requests and one Letter of Support to the St. Lucie County Legislative Delegation, as outlined in the attached memorandum. MOSQUITO CONTROL DISTRICT MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stlucieco.org Chas Dzadov�yit�h Chairman :District No.1�amuia�111��tliit�lilauuttll;t�iu Chris Craft, Vice Chairman District No. 5 Doug Coward District No. 2 Charles Grande District No. 4 Paula A. Lewis District No. 3 ifillmmum MINUTES Approve the minutes from the October 27, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 5 and 6. B. MANAGEMENT AND BUDGET Bid No. 09-075, Purchase and Maintenance of Electric Lift Pumps Consider staff recommendation to approve to award Bid No. 9-075, Purchase and Maintenance of Electric Lift Pumps, to Apple Machine and Supply of Fort Pierce, and authorization for the Chair to sign documents 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: October 27, 2009 Convened: 11:31 a.m. Adjourned: 11:32 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, Beth Ryder, Community Services Director, Don West, Public Works Director, Millie Delgado -Feliciano, Athena Adams, Deputy Clerks 1. MINUTES It was moved by Com. Craft, seconded by Com. Coward to approve the minutes of the meeting held October 13, 2009, and; upon roll call, motion carried unanimously. 2. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Grande, to approve the Consent Agenda with item 3B pulled, and; upon roll call, motion carried unanimously. A. WARRANTS The Board approved Warrant List Nos. 55,56 3, and 4. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 10/30/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST # 5- 26-OCT-2009 TO 30-OCT-2009 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 17,895.98 GRAND TOTAL: 17,895.98 PAGE 1 PAYROLL 36,342.52 36,342.52 11/06/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST # 6- 31-OCT-2009 TO 06-NOV-2009 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 26,336.65 GRAND TOTAL: 26,336.65 PAGE 1 PAYROLL 0.00 0.00 V. ITEM NO. III-131 DATE: 11/10/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: ST. LUCIE COUNTY MOSQUITO CONTROL PRESENTED BY: — DISTRICT Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Bid No. 09-075, Purchase and Maintenance of Electric Lift Pumps BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 145-6230-546000-600 - Equipment Maintenance 145xxx-6230-564000-600 — Machinery and Equipment — Unspecified Grant PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval to award Bid No. 09-075, Purchase and Maintenance of Electric Lift Pumps, to Apple Machine and Supply of Fort Pierce, and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (�) APPROVED ( ) DENIED ( ) OTHER �-- Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures / l/ et Analyst (X) kWonna Attorne X V OMB BudgCounty y ) (Dan McIntyre Johnson �! Purchasing Mosquito Control ( X) (X) � r Melissa Simberlund Ji'm David Office of Management - :Budget/Purchasing MEMORANDUM �! r VOMT TO: St. Lucie County Mosquito Control District FROM: Marie M. Gouin, Director (W( DATE: November 10, 2009 SUBJECT: Bid No. 09-075, Purchase and Maintenance of Electric Lift Pumps ITEM NO. III-B1 Background: On October 14, 2009, submittals to Bid No. 09-075 for the purchase and maintenance of electric lift pumps were opened. One submittal was received; 262 companies were notified and 24 documents were distributed. The lowest, responsive bidder was Apple Machine and Supply of Fort Pierce. Bid No. 09-075 was bid in accordance with Local Preference Ordinance No. 09-005. The purpose of this bid is to provide contract pricing for the purchase and maintenance of 18 inch diameter, 6,000 gallons per minute, static head, axial flow, stainless steel, electric lift pumps for the St. Lucie County Mosquito Control District. Recommendation Board approval to award Bid No. 09-075, Purchase and Maintenance of Electric Lift Pumps, to Apple Machine and Supply of Fort Pierce and authorization for the Chair to sign documents as approved by the County Attorney. BOARD OF COUNTY COMMISSIONERS BID #09-075 PURCHASING DEPARTMENT PURCHASE AND MAINTENANCE OF 18 INCH DIAMETER, 6,000 GPM AT 4 FT. STATIC HEAD, AXIAL FLOW, STAINLESS STEEL, ELECTRIC LIFT PUMP OPENED: October 14, 2009 AT 2:00 PM ONE (1) Submittal was received for subject proposal: ALL SUBMISSIONS ARE UNDER REVIEW. A LETTER OF INTENT TO AWARD WILL BE FAXED TO ALL BIDDERS PRIOR TO AWARD. S.L.C. Mosquito Control District APPLE MACHINE & SUPPLY/ FT. PIERCE, FL FAX: 772-466-4025 1. Base Bid Amount — New Pump $ 24,965.00 2. Itemized Component Replacement (Cumulative Total Cost) $ 12,400.00 NUMBER OF COMPANIES NOTIFIED*: 262 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 24 NUMBER OF BIDS RECEIVED: 1 * - Per demandstar.com ATTACHMENT 1 EROSION DISTRICT EROSION DISTRICT www.co.st-lucie.fl.us www.stiucieco.org IHIMti 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 11 fiii it EiiCfifiifiifiiiltitfifilliifiiit fiiifi i illi ti iiiiiiifififliiiit" " iifiii iIi[iiiii [i " liifiii iififiif iil tiiifii01111iitfiii1;0111fifiiifiiiiffitifiilfiiill MINUTES Approve the minutes from the October 27, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 5 and 6. B. PUBLIC WORKS South St. Lucie County Beach Restoration Project Consider staff recommendation to approve of FDEP Project Agreements 09SL1 and Amendment No. 3 to 07SL2 along with supporting Budget Resolution No. 09-008. 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: October 27, 2009 Convened: 11:32 a.m. Adjourned: 11:33 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, Don West, Public Works Director, Millie Delgado -Feliciano, Athena Adams, Deputy Clerks 1. MINUTES It was moved by Com. Grande, seconded by Com. Coward, to approve the minutes of the meeting held October 13, 2009, and; upon roll call, motion carried unanimously. 2. GENERAL PUBLIC COMMENT 3. 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 The Board approved Warrant List Nos. 55, 56,3 and 4. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 10/30/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST # 5- 26-OCT-2009 TO 30-OCT-2009 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 424.53 GRAND TOTAL: 424.53 PAGE 1 PAYROLL 4,966.40 4,966.40 11/06/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST # 6- 31-OCT-2009 TO 06-NOV-2009 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 3,717.57 GRAND TOTAL: 3,717.57 PAGE 1 PAYROLL 0.00 0.00 FLUNTY O R i D A f AGENDA REQUEST ITEM NO. III-B DATE: 11 /10109 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) TO: ST. LUCIE COUNTY EROSION DISTRICT PRESENTED BY: Richard A. Bouchard, P.E. SUBMITTED BY: Public Works — Erosion District Erosion District Manager SUBJECT: South St. Lucie County Beach Restoration Project BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 184214-3710-531000-36203 Erosion District (pending Board approval) PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of FDEP Project Agreements 09SL1 and Amendment No. 3 to 07SL2 along with supporting Budget Resolution No. 09-008. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (x) OMB Director Budget Analyst Daniel S. McIntyre Originating Dept. ( x) - Erosion District Don Id B. West AGEND357.DEP (x) Marie ouin Tawonna Johnson (x) Richard A. Bouchard Public Works �`r/ Erosion District MEMORANDUM TO: St. Lucie County Erosion District Board THROUGH: Donald B. West, P.E., Public Works Directory► l n� FROM: Richard A. Bouchard, P.E., Erosion District Manager "i DATE: November 10, 2009 SUBJECT: South St. Lucie County Beach Restoration Project ITEM NO.: III-B Backaround• St. Lucie County has initiated a State -County project to address the severely deteriorated conditions of the South County shoreline while paralleling the development of a federal Shore Protection Project to provide for future re -nourishment of the beaches in the project area. The State approved $3 million to assist St. Lucie County with the South St. Lucie County Beach Restoration project due to impacts from hurricane activity. On January 23, 2007, the Board approved two separate work authorizations with Coastal Tech along with FDEP Project Agreement 07SL2 for $3 million in State funds to undertake these long-term tasks. FDEP Project Agreements 09SL1 and Amendment No. 3 to 07SL2 are direct results of the recent public beach access improvements to Dollman and Waveland beach parks. The extension of grassed parking spaces at both locations along with the addition of the Dollman restroom has now increased state cost sharing from 29.93% to 44.11 % and reduced the Erosion District's share from 70.07% to 55.89%. In addition to extending the expiration date to January 3f, 2011, the third amendment to 07SL2 provides for a reduction of Erosion District funds in task 2.3 from $346,715 to $187,648 to reflect the revised funding percentages. In order to maintain the existing funding level in task 2.3 with new state funding, FDEP initiated Project Agreement 09SL1 to include $70,165 in additional state funding. The original task 2.3 amount remains intact but is now a combined with the task 2.1 amount in 09SL1. The net result of these two agreements provide for an overall reduction of the Erosion District's funding share of $70,163. Previous Action: January 23, 2007 - Board approved FDEP Project Agreement 07SL2 and W.A. Nos. 6 and 7 with Coastal Tech for design & permitting and geotechnical work of the Southern St. Lucie County Beach project. July 15, 2006 - Board approved Amendment No. 1 increasing the grant amount by $42,515. January 20, 2009 - Board approved Amendment No. 2 increasing the grant amount by $148,097. Recommendation: Board approval of FDEP Project Agreements 09SL1 and Amendment No. 3 to 07SL2 along with supporting Budget Resolution No. 09-008. Attachment "A': Budget Resolution No. 09-008 (1 page) Attachment V: FDEP Project Agreement 07SL2 (4 pages) Attachment V: FDEP Project Agreement 09SL1 (22 pages) Attachment "A" RESOLUTION NO.09-008 WHEREAS, subsequent to the adoption of the St. Lucie County Erosion District's Budget, certain funds not anticipated at the time of the budget have become available from the Florida Department of Environmental Protection in the amount of $70,165 for the St. Lucie County Beach Restoration. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County Erosion District to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Erosion District of St. Lucie County, Florida, in meeting assembled this 10th day of November 2009, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2009-2010, and the Erosion Districts budget is hereby amended as follows: REVENUES 184214-3710-334391-36203 Dept of Env Protection $70,165 APPROPRIATIONS 184214-3710-531000-36203 Professional Services $70,165 After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairperson XXX Commissioner Charles Grande, Vice Chairperson XXX Commissioner Doug Coward XXX Commissioner Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX PASSED AND DULY ADOPTED THIS 10th DAY OF NOVEMBER, 2009. ATTEST: EROSION DISTRICT ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Attachment "B" AMENDMENT No: 3 DEP AGREEMENT No: 07SL2 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS HURRICANE RECOVERY PLAN STATE OF FLORIDA AMENDMENT TO GRANT AGREEMENT FOR SOUTH ST. LUCIE COUNTY BEACH RESTORATION THIS AGREEMENT is entered into on the 23`d day of January, 2007, amended on the 15t' day of July, 2008, and amended on the 20& day of January, 2009, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") and the ST. LUCIE COUNTY EROSION DISTRICT, (hereinafter referred to as the "LOCAL SPONSOR"), is hereby amended as follows: WHEREAS, the LOCAL SPONSOR has requested and the DEPARTMENT has agreed to extend this Agreement; and, WHEREAS, the funding eligibility has changed; and, WHEREAS, other changes to the Agreement are necessary. NOW, THEREFORE, the parties hereto agree as follows: Paragraph 2 is hereby deleted in its entirety and replaced with the following: This Agreement shall begin on the last date executed and end on January 31, 2011. Pursuant to Section 161.101 (18), Florida Statutes, work conducted on this project by the LOCAL SPONSOR or its subcontractor beginning on or after January 1, 2007, may be eligible for cost sharing by the DEPARTMENT. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 07SL2, Amendment No. 3, Page 1 of 3 • Paragraph 6 Table 1 is hereby revised as follows: Table 1: Estimated Project Costs Estimated Project Cost Task # Eligible Project ITEM Federal State Local Total 1.0 Feasibility 1.1 GeotechnicalInvestigation $0.00 $1 19,750.00 $0.00 $1219,750.00 Subtotal Feasibility $0.00 $1 19 750.00 $0.00 $1 19 750.00 2.0 Design and Permitting 2.1 South Beach Design and Permitting $0.00 $776 644.43 $0.00 $776 644.43 2.2 Environmental & Supplemental Investigation $0.00 $709 883.00 $0.00 $709 883.00 2.3 South Beach Design and Permitting $0.00 $148,097.00 $187,648.00 $335,745.00 Subtotal Design and Permitting $0.00 $1634 624.43 $187 648.00 $i 22 72.43 3.0 Construction 3.1 Sand Dollar Shores Dune Restoration $0.00 $289 326.00 $0.00 $289,326.00 3.2 Beach Restoration $0.00 $46,912.00 $0.00 $46,912.00 Subtotal Construction $0.00 $336 8.00 $0.00 $336 8.00 TOTAL PROJECT COSTS $0.00 $3190 612.43 $187 648.00 $3 78 60.43 • Paragraph 7 is hereby deleted in its entirety and replaced with the following: 11 A. The DEPARTMENTS financial obligation shall not exceed the sum of $3,190,612.43 for this PROJECT or up to 100 percent of the non-federal PROJECT cost for Tasks 1.1, 2.1, 2.2, 3.1, and 3.2, and 44.11 percent of the non-federal PROJECT cost for Task 2.3, whichever is less. The LOCAL SPONSOR agrees that any costs which exceed the estimated PROJECT costs shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shall be provided through formal amendment to this Agreement. • Paragraph 15 is hereby revised to change the DEPARTMENT's Project Manager to Richard A. Noyes, Phone: 850/922-7865. • All references to Attachment B-1, respectively, is hereby deleted and replaced with references to Attachment B-2. • Attachment B-1 is hereby deleted in their entirety. • Attachment B-2 as attached hereto is hereby added to the Agreement. In all other respects, the Agreement, of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 07SL2, Amendment No. 3, Page 2 of 3 ATTACHMENT B-2 FUNDING ELIGIBILITY SOUTH ST. LUCIE COUNTY BEACH RESTORATION Project Boundary: R88.5-R90.3 and R98 to County line Approximate Shoreline Length: 19,594 FEET Public Access Walton Rocks* Normandy Dolman* Waveland* Glasscock Beach (Martin County) Qualifying Public Lodging Island Beach Club Parkin Spaces paces 100+ 16 100+ 100+ 40 Qualifying Length Comments 340 Areas Determined to be Publicly Accessible and Critically Eroded R88+500 to R90+353 R97+962 to R106 R106+100 to R106+440 R108 to R113+787 R114+620 to R115+940 Total Total eligible shoreline length: 17,286 FEET Total project shoreline length: 19,594 FEET Percent eligible for State funding: 88.22 PERCENT * Primary Beach Access: at least 100 parking spaces plus restrooms Eligible Yes Yes Yes Yes Yes Len ft 1,853 8,064 340 5,709 1,320 17,286 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment B-2, DEP Agreement No. 07SL2, Amendment No. 3, Page 1 of 1 IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. ST. LUCIE COUNTY EROSION DISTRICT By: Title: *Commission Chair Date: FEIDNo.59-6000835 Grantee's Attorney FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: G COX Secretary or designee Date: C)'l A e C t 2cx�Q Department of Environmental ection Grant Program Administrator APPROVED as to form and legality: y Department of En ' nmental Protection Attorney *If someone other than the Commission Chair signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement. List of Attachments/Exhibits included as part of this Amendment: Specify Letter/ Type Number Description (include number of pages) Attachment B-2 Funding Eligibility (1 page) DEP Agreement No. 07SL2, Amendment No. 3, Page 3 of 3 Attachment "C" DEP AGREEMENT No: 09SL1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM STATE OF FLORIDA GRANT AGREEMENT FOR SOUTH ST. LUCIE COUNTY BEACH RESTORATION THIS AGREEMENT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT") whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 and ST. LUCIE COUNTY EROSION DISTRICT, whose address is 2300 Virginia Avenue, Ft. Pierce, Florida 34982, a local government, (hereinafter referred to as the "LOCAL SPONSOR"), for the project described herein. WHEREAS, the DEPARTMENT, pursuant to Section 161.091 - Section 161.161, Florida Statutes, provides financial assistance to eligible governmental entities for beach erosion control activities under the Florida Beach Management Funding Assistance Program; and, WHEREAS, pursuant to 62B-36.005(lxd), the LOCAL SPONSOR has resolved to support, serve as local sponsor, have the ability to perform the tasks associated with, and has demonstrated a financial commitment to the beach erosion control project as described herein. NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, the DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows: The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the SOUTH ST. LUCIE COUNTY BEACH RESTORATION, (hereafter referred to as the PROJECT), as defined in Attachment A , Project Work Plan, attached hereto and made a part hereof. The LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the terms and conditions set forth in this Agreement, and all attachments and exhibits named herein that are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" are used interchangeably, and the terms "Grantee", "Recipient" and "Local Sponsor" are used interchangeably. 2. This Agreement shall begin on the last date executed and end on January 31, 2011. Pursuant to Section 161.101 (18), Florida Statutes, work conducted on this project by the LOCAL SPONSOR or its subcontractor beginning on or after January 1, 2009, may be eligible for cost sharing by the DEPARTMENT. If work identified in the approved Project Work Plan is completed prior to the date shown in the first sentence of this paragraph, the modification will be reduced to writing in an amendment to this Project Agreement. 3. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT. 4. Any. and all equipment, products or materials necessary to perform these services, or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR 5. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature of the State of Florida and subject to the release of funds appropriated to the DEPARTMENT. DEP Agreement No. 09SL1, Page 1 of 9 6. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and all present and future requisite authorizations and environmental permits. The PROJECT consists of the restoration of 3.6 miles of Atlantic shoreline between DEP Monuments R80 - R90.3, R98-RI15 in St. Lucie County. In 2004, a federal feasibility study was initiated which includes this project area. These funds will be used for design and permitting of a locally funded restoration project in the interim. Staff has determined that 88.22% of the project is eligible for state cost sharing. The life of the PROJECT is defined as ten (10) years commencing upon execution of this Agreement and re -initiated upon execution of subsequent amendments to this Agreement for additional funding. The parties expressly agree that the provisions of this paragraph shall survive and be enforceable beyond the expiration date of this Agreement. 7. The LOCAL SPONSOR shall develop a detailed Scope of Work for each eligible PROJECT task, as specified in Table 1 below. It is understood and agreed that the detailed Scope of Work shall include a narrative description of each task, a corresponding detailed budget and a project schedule. Written authorization to initiate the scope of work for each task must be obtained from the DEPARTMENT prior to the initiation of said task. The DEPARTMENT may require at least ten percent (10%) of the total cost share for a specified task be forfeited for failure to obtain prior written authorization from the DEPARTMENT for a specific task. 8. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table 1 below: TABLE 1 Estimated Pro'ect Cost Task # Eligible Project ITEM Federal State Local Total 2.0 Design and Permitting 2.1 1 South Beach Design and Permitting $0.00 $70 165 $88,904 $159,069 TOTAL PROJECT COSTS $0.00 $70165 $88 904 $159 069 Prior written approval from the DEPARTMENT's Grant Program Administrator shall be required for changes between approved Project Tasks costs. Informal changes by the DEPARTMENT's Grant Program Administrator may not exceed 10% of the total budget amount and may not change the Total Project Costs. The DEPARTMENT's Grant Program Administrator will transmit a copy of the written approval and revised budget to the DEP Contracts Disbursements Office for inclusion in the Agreement file. Changes to Project Task costs greater than 10% will require a formal amendment to the Agreement. Any change to the Total Project Costs require formal amendment 9. The DEPARTMENT has determined that 88.22 percent of the PROJECT cost is eligible for state cost sharing. Therefore, the DEPARTMENTs financial obligation shall not exceed the sum of $70,165 for this PROJECT or up to 44.11 percent of the non-federal project cost, if applicable, for the specific eligible PROJECT items listed above, whichever is less. To the extent applicable, it is understood and agreed that for portions of the PROJECT which are located within lands owned and managed by the DEPARTMENT's Division of Recreation and Parks, no cost share for construction activities shall be required of the LOCAL SPONSOR, and the PROJECT costs for such portions shall be paid by the DEPARTMENT. 10. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in Table 1 are the responsibility of the LOCAL SPONSOR and are not a part of this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible project items that exceed the estimated project costs for that item shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shall be provided through formal amendment to this Agreement. DEP Agreement No. 09SL1, Page 2 of 9 11. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. 12. The LOCAL SPONSOR agrees to maintain the public beach access sites and public parking spaces, as identified in Attachment B (Funding Eligibility), attached hereto and incorporated herein by reference, for beach use throughout the life of the PROJECT as established under this Agreement. If at any time the LOCAL SPONSOR fails to maintain the subject beach access sites and public parking, the LOCAL SPONSOR agrees to reimburse the DEPARTMENT all funds provided by the DEPARTMENT associated with any beach access site and/or parking spaces where maintenance is discontinued. All parking must be clearly signed or otherwise designated as public beach access parking. 13. In consideration for the satisfactory completion of the eligible work, identified in Attachment A and approved by the DEPARTMENT, performed by the LOCAL SPONSOR under the terms of this Agreement, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement basis for services rendered. All requests for reimbursement shall be made in accordance with Attachment C (Contract Payment Requirements), attached hereto and made a part hereof, and State guidelines for allowable costs found in the Department of Financial Services' Reference Guide for State Expenditures at hft://www.fldfs.com/aadir/referencg��/�5FZuide. The LOCAL SPONSOR shall submit a request for reimbursement of funds on the forms provided as Attachment D (Request For Payment, PARTS I —III), attached hereto and made a part hereof. These forms may be submitted on a quarterly basis. The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30, and December 31; the request shall be submitted no later than thirty (30) days following the completion date of the quarterly reporting period of each year in which the project is underway. These forms shall be certified as accurate by the LOCAL SPONSOR'S Project Manager and the LOCAL SPONSOR's Project Financial Officer and submitted to the DEPARTMENT as a payment request. All requests for the reimbursement of travel expenses shall be based on the travel limits established in Section 112.061, Florida Statutes. A final invoice shall be due no later than thirty (30) days following the completion date of this Agreement. The DEPARTMENT will not release funds for construction activities until such time as all requisite authorizations, environmental permits, and variances, including those required pursuant to Chapters 161, 253, 258 and 373, Florida Statutes, have been obtained. In such cases where no reimbursement is sought for a given quarter, all applicable portions of Part III of Attachment D, Project Progress Report must be completed and submitted. 14. The DEPARTMENT's Bureau of Beaches and Coastal Systems shall have thirty (30) days after receipt of each billing to determine that the work has been accomplished in accordance with the terms and conditions of this Agreement prior to approving the billing for payment. It is understood and agreed that any request for reimbursement that requires the DEPARTMENT to request additional information of the LOCAL SPONSOR shall stop time for the DEPARTMENT's review period and the clock will not resume until such information is received as requested by the DEPARTMENT. Upon approval of the payment request, the DEPARTMENT shall disburse the funds due to the LOCAL SPONSOR less ten (10) percent, which shall be retained on account. The cumulative amount retained for each eligible Task Scope of Work shall be disbursed to the LOCAL SPONSOR upon notification of the DEPARTMENT with an executed notice of completion (Attachment E) and after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement, all applicable DEPARTMENT permits and the applicable scope of work for said item. The DEPARTMENT will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to this Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When requested, the LOCAL SPONSOR must provide the information described in this paragraph within thirty (30) days of such request. If applicable, the LOCAL SPONSOR may also be required to submit a cost allocation plan to the DEPARTMENT in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. DEP Agreement No. 09SL1, Page 3 of 9 15. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT's Project Manager on a quarterly basis, Attachment D, Part III, Project Progress Report, as updates to a project schedule, no later than thirty (30) days following the completion date of the quarterly reporting period identified in paragraph thirteen (13). Schedules may be required to be submitted electronically in an .MPP or tab delimited .TXT format. Information provided shall be the best available and shall represent the most accurate forecast of future events. Specific information to be included in the quarterly report: tasks to be completed, start and finish dates, task duration, and actual start and finish dates with actual task duration. 16. Upon completion of a task or the PROJECT, the LOCAL SPONSOR shall submit to the DEPARTMENT a certification of completion, attached hereto as Attachment E (Project Completion Certification). A final project certification inspection shall be made by the DEPARMENT within sixty (60) days after the PROJECT is certified complete by the local sponsor. 17. The LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services as required by Chapter 287, and Chapter 161.101(17), Florida Statutes, which are expressly made a part of this Agreement and incorporated herein by reference as if fully set forth. 18. The applicable provisions of Chapter 161, Florida Statutes, entitled `Beach and Shore Preservation", and any rules promulgated there from, are expressly made a part of this Agreement and are incorporated herein by reference as if fully set forth. 19. The LOCAL SPONSOR's Project Manager for all matters is Richard Bouchard, Phone: 772/462-2362. The DEPARTMENT's Project Manager for all technical matters is Richard A. Noyes, Phone: 850/922-7865 and the DEPARTMENT's Grant Program Administrator for all administrative matters is Dena VanLandingham, Phone: 850/922-7711 or their successor(s). All matters shall be directed to the appropriate persons for action or disposition. 20. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 21. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the DEPARTMENT shall provide ten (10) days written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reason(s) for termination. 22. The DEPARTMENT may terminate this Agreement without cause and for its convenience by giving thirty (30) days written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered personally or by certified mail to the address set forth in this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 09SL1, Page 4 of 9 23. Any and all notices shall be delivered to the parties at the following addresses: LOCAL SPONSOR Richard Bouchard St. Lucie County Public Works Department 2300 Virginia Avenue Ft. Pierce, FL 34982 (772) 462-2362 DEPARTMENT Dena VwLandingham, Grants Program Administrator Department of Environmental Protection Bureau of Beaches and Coastal Systems 3900 Commonwealth Blvd., MS 300 Tallahassee, Florida 32399-3000 (850)922-7711 Dena.vanlandingham@dep.state.fl.us Any changes to the contact information shown above must be reduced to writing in the form of a Change Order to this Agreement. 24. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL SPONSOR to allow public access to all documents, papers, letters, or other material made or received by the LOCAL SPONSOR in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(lxa), Florida Statutes. 25. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 26. A. In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment F (Special Audit Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment Fsummarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL SPONSOR in complying with the requirements of Attachment F. A revised copy of Exhibit 1 must be provided to the LOCAL SPONSOR for each amendment that authorizes a funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of Exhibit 1, the LOCAL SPONSOR shall notify the Department's Grant Program Administrator at 850/922-7711, to request a copy of the updated information. B. The LOCAL SPONSOR is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The LOCAL SPONSOR shall consider the type of financial assistance (federal and/or state) identified in Attachment F, Exhibit 1 when making its determination. For federal financial assistance, the LOCAL SPONSOR shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents that of a sub recipient or vendor. For state financial assistance, the LOCAL SPONSOR shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: hgps://aos.fldfs.com/fsaa The LOCAL SPONSOR should confer with its chief financial officer, or audit director or contact the DEPARTMENT for assistance with questions pertaining to the applicability of these requirements. DEP Agreement No. 09SL1, Page 5 of 9 C. In addition, the Grantee agrees to complete and submit the Certification of Applicability to Single Audit Act Reporting, Attachment G, attached hereto and made a part hereof, within four (4) months following the end of the Grantee's fiscal year. Attachment G should be submitted to the DEPARTMENT's Grants Development and Review Manager at 3900 Commonwealth Boulevard, Mail Station 93, Tallahassee, Florida 32399-3000. The Grants Development and Review Manager is available to answer any questions at (850) 245-2361. 27. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from using funds provided by this Agreement for the purposes of lobbying the Legislature, the judicial branch or a state agency. 28. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 29. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 30. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party. Nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 31. To the extent required by law, the LOCAL SPONSOR will be self -insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project. In the case any work is subcontracted, the LOCAL SPONSOR shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the subcontractor's employees unless such employees are covered by the protection afforded by the LOCAL SPONSOR. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation Law, Chapter 440, Florida Statutes. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the LOCAL SPONSOR shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected. 32. The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. 33. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 09SL1, Page 6 of 9 34. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list maintained by the Florida Department of Management Services may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487- 0915. C. The DEPARTMENT supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of Minority Owned firms that could be offered subcontracting opportunities may be obtained by contracting the Office of Supplier Diversity at (950) 487-0915. 35. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPART IENT's Project Manager. The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The LOCAL SPONSOR will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, F.S. 36. When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT's Project Manager of the selection of an intended subcontractor for construction task and provide a tabulation list from which the intended subcontractor was selected. The LOCAL SPONSOR shall also provide the bid form for the successful bidder. The LOCAL SPONSOR shall select eligible consultants licensed to offer services in the State of Florida for studies, design and permitting and monitoring tasks in accordance with Chapter 287, F. S. Upon the DEPARTMENT's request, the LOCAL SPONSOR shall furnish copies of the respective solicitation documents. Solicitation documents include, but are not limited to, the solicitation and responses thereto, the bid tabulations, and the resulting contract(s), including a detailed scope of work. 37. The LOCAL SPONSOR warrants and represents that it is self -funded for liability insurance, appropriate and allowable under Florida Law, and that such self-insurance offers protection applicable to the LOCAL SPONSOWs officers, employees, servants and agents while acting within the scope of their employment with the LOCAL SPONSOR. The DEPARTMENT shall have no liability except as specifically provided in this Agreement. 38. The purchase of non -expendable equipment costing $1,000 or more is not authorized under the terms and conditions of this Agreement. DEP Agreement No. 09SL1, Page 7 of 9 39. The DEPARTMENT may at any time, by written order designated to be a change order, make any change in the Grant Manager information or task timelines within the current authorized Agreement period. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this Agreement. Minor modifications which will be handled with a change order include notification of a change in Contract/Project Manager, modification of deliverable due dates when such change does not involve a contract extension, and modifying the scope of services when such modification would not involve a decreaselincrease in price or an extension of the contract performance period. 40. The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations in providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The LOCAL SPONSOR further agrees to include this provision in all subcontracts issued as a result of this Agreement. 41. The LOCAL SPONSOR shall obtain from each owner of upland property, which is adjacent to the erosion control project, a sufficient property interest in order to construct, maintain, monitor, and repair the erosion control project prior to entering each individual property to conduct such activities. 42. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT orally. Within seven (7) days, the LOCAL SPONSOR shall notify the DEPARTMENT in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay and the LOCAL SPONSOR's intended timetable for implementation of such measures. If the parties agree that the delay, or anticipated delay was caused, or will be caused by a force majeure, the DEPARTMENT may, at its discretion, extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force majeure. Such agreement shall be confirmed by letter from the DEPARTMENT accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary third party approvals, and any other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued under this Agreement. Failure to perform by the LOCAL SPONSOR's consultant(s) or subcontractor(s) shall not constitute a force majeure event. 43. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 09SL1, Page 8 of 9 IN WITNESS WHEREOF, the parties have caused these presents to be duly executed, the day and year last written below. ST. LUCIE COUNTY EROSION DISTRICT Bv: Title: *Commission Chair Date: FEID No.59-6000835 Grantee's Attorney FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: � I , , /. Ag &,J- 966retary or designee Date: %d //314---- Department of Environments Protection Grant Program Administrator APPROVED as to form and legality: -/Aks22nZ Department of Environmental Protection Attorney *If someone other than the Commission Chair signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement. List of Attachments/Exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment A Project Work Plan (1 page) Attachment B Funding Eligibility (1 page) Attachment C Contract Payment Requirements (1 page) Attachment D Request For Payment, Parts I - III (3 pages) Attachment E Project Completion Certification (1 page) Attachment F Special Audit Requirements (5 pages) Attachment G Certification of Applicability to Single Audit Act Reporting (I Page) DEP Agreement No. 09SL1, Page 9 of 9 ATTACHMENT A PROJECT WORK PLAN SOUTH ST. LUCIE COUNTY BEACH RESTORATION The PROJECT consists of design and permitting activities of a Federally authorized beach restoration project between DEP range monuments R80 - R90.3, R98-R115. The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable DEP permits and the eligible project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standard technical specifications contained in the Department's Regional Data Collection and Processing Plan and Geographic Information System Plan, unless otherwise specified in the approved Scope of Work for an eligible PROJECT item. These plans may be found at http://www.dep.state.fl.us/beaches/. Three (3) originals and one (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. Task No: Eligible Project Item: 2.0 Design & Permitting Professional services required for engineering and design, obtaining environmental permits and other authorizations and the preparation of plans and specifications. This item specifically excludes permit application fees or any other fees paid to the State of Florida. 2.1 South Beach Design and Permitting This task is to provide the State cost share for the activities that were excluded in task 2.3 of contract 07SL2 funding the Coastal Technology Corporation, Inc. approved scope of work to evaluate project alternatives, develop the project design, complete the necessary environmental investigations and associated Environmental Impact Statement (EIS), and obtain the necessary FDEP and USACE permits.. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 09SL 1, Attachment A, Page 1 of 1 ATTACHMENT B FUNDING ELIGIBILITY SOUTH ST. LUCIE COUNTY BEACH RESTORATION Project Boundary: R88.5-R90.3 and R98 to County line Approximate Shoreline Length: 19,594 FEET Public Access Walton Rocks* Normandy Dolman* Waveland* Glasscock Beach (Martin County) Qualifying Public Lodging Island Beach Club Parking Spaces 100+ 16 100+ 100+ 40 Qualifying Length Comments 340 Areas Determined to be Public+ Accessible and Critically Eroded R88+500 to R90+353 R97+962 to R106 R106+100 to R106+440 R108 to R113+787 R114+620 to R115+940 Total Total eligible shoreline length: 17,286 FEET Total project shoreline length: 19,594 FEET Percent eligible for State funding: 88.22 PERCENT * Primary Beach Access: at least 100 parking spaces plus restrooms Eligible Yes Yes Yes Yes Yes Length (M 1,853 8,064 340 5,709 1,320 17,286 DEP Agreement No. 09SL1, Attachment B, Page 1 of 1 ATTACHMENT C Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures (January 2005) Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of Florida Accounting Information Resource (FLAIR) reports or other detailed reports. Listed below are examples of types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts that include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log that shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. The Florida Department of Financial Services, Reference Guide to State Expenditures (January, 2005) can be found at the following web address: hgp://www.fldfs.com/aadir/reference%5F ug ide/. DEP Agreement No. 09SL1, Attachment C, Page I of 1 ATTACHMENT D FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART I PAYMENT SUMMARY Name of Project: SOUTH ST. LUCIE BEACH RESTORATION Grantee: ST. LUCIE COUNTY EROSION DISTRICT DEP Contract Number: 09SLI Billing Number: Billing Period: Billing Type: Interim Billing Final Billing Costs Incurred This Payment Request: Federal Share* State Share E1 *if applicable Cost Summary: State Funds Obligated S. Less Advance Pay $. Less Previous Payment $, Less Previous Retained $ Less This Payment Less This Retainage (10%) State Funds Remaining $ Local Share Total Local Funds Obligated Less Advance Pay Less Previous Credits Less This Credit Local Funds Remaining S 19 0 Certification: I certify that this billing is correct and is based upon actual obligations of record by the grantee; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Bureau of Beaches and Coastal Systems approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date DEP Agreement No. 09SLI, Attachment D, Page 1 of 3 to aF a r d a O w y h FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT - PART III PROJECT PROGRESS REPORT Name of Project: SOUTH ST. LUCIE BEACH RESTORATION Grantee: ST. LUCIE COUNTY EROSION DISTRICT DEP Contract Number: 09SL1 Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) Task Eligible Project No: Item: 2.0 DESIGN AND PERMITTING 2.1 SOUTH BEACH DESIGN AND PERMITTING DEP Agreement No. 09SL1, Attachment D, Page 3 of 3 ATTACHMENT E FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM PROJECT COMPLETION CERTIFICATION Name of Project: SOUTH ST. LUCIE BEACH RESTORATION Grantee: ST. LUCIE COUNTY EROSION DISTRICT DEP Contract Number: 09SL1 *I hereby certify that the above mentioned project has been completed in accordance with the Project Agreement, including any amendments thereto, between the Department of Environmental Protection and grantee, and all funds expended for the project were expended pursuant to the Project Agreement. All unused funds and interest accrued on any unused portion of advanced funds which have not been remitted to the DEPARTMENT, have been returned to the DEPARTMENT, or will be returned to the DEPARTMENT within sixty (60) days of the completion of construction portion of this PROJECT. Unused funds advanced to the United States Army Corps of Engineers through LOCAL SPONSORS will be due sixty (60) days after the Federal final accounting has been completed. Name of Project Manager Signature of Project Manager Date DEP Agreement No. 09SL1, Attachment E, Page 1 of 1 ATTACHMENT F SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 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 or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection 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 of Environmental Protection. 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 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, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at httu•//12 46 245173/cfda/cfda.btmL DEP Agreement No. 09SL1, Attachment F, Page 1 of 5 PART H: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 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, of such recipient, 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 Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates state financial assistance awarded through the Department of Environmental Protection 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 of Environmental Protection, 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 entity for Federal program matching requirements. 2. In connection with 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), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the 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, Florida Statutes, 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, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://aWs.fldfs com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at hW://www.lee state fl us/Welcome/index cfi� State of Florida's website at httn://www.myfloidda com/, Department of Financial Services' Website at hft://www.fldfs-com/ and the Auditor General's Website at htM://www.state-fl.us/audeen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (ie., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: DEP Agreement No. 09SL1, Attachment F, Page 2 of 5 A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (dxl) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East loth Street Jeffersonville, IN 47132 C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 3. Copies of fmancial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building I I I West Madison Street Tallahassee, Florida 32399-1450 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 09SL1, Attachment F, Page 3 of 5 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 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 of Environmental Protection 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. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless the date is extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 09SL1, Attachment F, Page 4 of 5 I to W 0 O Q � a� a 0 w o F, o U 0 U 0 d ar s uz a s a a d � a � w 0 0 a w v o W w w a ° p w ° w F a o U 0 0 U s U a A .. s a � T d milli �wkx 0 O a N � a w o IIWOI 40% s w a rA 0 oao .O U O h °o �a M U U z M o� S a i g Gi, N a � awe a w s �z� a ATTACHMENT G CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING Grantee's Name: Grantee's Fiscal Year Period: FROM: TO: Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year: $ Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year: $ Please identify grants to be included in the Single Audit that are provided by the Department of Environmental Protection CSFA# CFDA# DEP GRANT AGREEMENT NUMBER CERTIFICATION STATEMENT: I hereby certify that the above information is correct: Name Title DEP Agreement No. 09SL1, Attachment G, Page 1 of 1 Date